CEA 05-22-08 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 � �y
RE: May Meeting
DATE: May 15, 2008
The Frederick County Conservation Easement Authority will be meeting on Thursday,
May 22, 2008 at 8:00 a.m. in the Board of Supervisor's Executive Session 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. Mareh and April 2008 Minutes.
2. 2008 Comprehensive Plan Language Vote.
3. PDR Press Release Language and an Information Package for Interested Landowners.
4. Determining PDR Informational Meetings Schedule and Speakers.
5. Minor Summer Fundraising Event(s)?
6. Other
Please contact the Planning Department (665-5651) if you are unable to attend this
meeting.
ALP1dlw
Attachments
107 North Kent Street, Suite 202 9 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 April 24, 2008 at 8:00 a.m.
PRESENT: Ritchie Wilkins, Vice -Chairman; Jim Lawrence, Treasurer; Cordell Watt;
and John Marker
ABSENT: John Gavitt; Robert Solenberger; Phil Glaize; Todd Lodge; Diane Kearns,
Chairman; Gene Fisher, Board of Supervisors Liaison
STAFF PRESENT: Amber Powers, Planning Technician
OTHERS PRESENT: Bill Funk of Conservation Partners
PUBLIC MEETING:.
1. Lack of Quorum
It was noted that a quorum was not present at the meeting. The Members present
continued the meeting in the form of a discussion, but made no decisions.
2. Minutes and Agenda
The minutes of the March 20, 2008 meeting will need to be approved at the
meeting on May 22, 2008.
3. CEA contribution to the 2008 Comprehensive Plan
Member's present expressed their overall satisfaction with the most recent draft.
Mr. Lawrence offered a small addition to the goals section. Ms. Powers will
include the addition in the final draft for review and possible vote at the May
meeting.
4. Snapp Property Application and the PDR Program Appropriation Approval.
Ms. Powers noted that an application had been received by Diane, and that she
was not yet sure of the details or exact location. She also reminded the group that
reviewing application at this phase may be premature, and that the group must
publicize the availability of PDR funds publicly. Mr. Wilkins reminded members
that the group had in fact received approval of the PDR program by the Board the
night before (April 23, 2008). He also shared with the group some information
about the discussions at the Finance Committee which recommended approval of
the program appropriation to the Board of Supervisors. The Red Bud Proffers, he
explained, may be one source of fiinding for the County's contribution, (currently
$55,000, or half of the total Open space and historic proffer funds already
collected).
It was noted that the group must write up a press release for the PDR funding
award and also come up with a schedule for local information meeting and
landowner outreach. With the tax bills already sent out, the group will not be able
to wait until the December bills go out to include a PDR information letter. The
group may need to pay for the postage to mail out the letters.
5. Guest Speaker: Mr. Sill Funk of Conservation Partners LLC
Mr. Funk offered the group information about his company's services which
included a range of support services for the landowner throughout the easement
process as well as marketers of the tax credits received by the landowner
following an easement's establishment. (He said that the company general got 80
to 85 cents on the dollar for the credits.)
For local govermi7ents, the company offers consultation services to help local
officials with ordinance language, program creation, and ongoing program
management. Mr. Funk provided the group with informational booklets and a
large binder full of information and templates. (Ms. Powers will have these
materials on hand at the May meeting for review by members who were unable to
attend.)
6. Selecting Date(s) for Summer Event(s) and Pick Event Idea(s)
Without quorum, this decision was deferred to the May meeting.
7. Next Meeting
The next meeting will be on May 22, 2008 at 8:00 a.m.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 4:30 a.m.
Respectfully submitted,
Diane Kearns, Chairman
Eric R. Lawrence, Secretary
ITEM 2:
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
Conservation 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 Authority (the CEA) operates under
the provision of the Open Space Land Act, 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."
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. In 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 Conservation .Easement
A conservation casement 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 enjoyment of the property. There is no imputed
public access to conserved properties. In many cases the donation of a
conservation casement provides significant federal, state 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 cte that a new residential development would
have demanded.
Conservation easements 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 worth of conservation.
County 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 Development 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 easement 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
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
MAP
The CEA has goals for the short and long term including:
GOAL: Facilitate the Conservation of Open Space
Strategies:
1. Balance the use of non -casement 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.
3. Promote continuity in the actions and informational messages of the local
conservation organizations active within the county.
Implementation Methods:
1. Establish and maintain an inventory of the County's existing agricultural
lands, forestal land and waterways, as well as an inventory and mapping
database of all existing conservations easements.
2. Work with landowners, local stakeholders and state agencies to identify
lands which create a connected network of Green Infrastructure that can
be incorporated into the Virginia Conservation Lands Needs Assessment
to encourage a strategic approach to land protection.
3. Hold targeted, informational meetings and provide information by mail to
landowners that may be interested in conservation.
4. Actively encourage the protection of significant agricultural and forestal
lands by improving the public's awareness and understanding of the
County's conservation needs.
5. Take advantage of State and Federal PDR programs and any other funds
available to the County for conservation efforts.
6. Secure grant money and local donations to supplement public funding.
ITEM 3:
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.
TI'EM 4 & 5:
Selecting Dates) for Summer Event(s) and Pick Event Idea(s)
Contingent on the approval of the PDR intergovernmental agreement, the CEA will meed to begin
planning informational and Q&A Events in the County, as well as fundraising options.
Advertise and Host Special Events and Auctions
• Gives donor's 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 I V2 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 event promotion over event planning
• Events are more effective awareness -builders than other fuundraising 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: lona 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