CEA_04-28-11_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 April 28, 2011 at 8:00 a.m.
PRESENT: Diane Kearns, Chairman; Robert Solenberger; Elaine Cain, Treasurer; Ron Clevenger; and
Gene Fisher, Board of Supervisors Liaison.
ABSENT: Ritchie Wilkins, Vice - Chairman; John Marker; Todd Lodge; and Charles Triplett, Planning
Commission Liaison.
STAFF PRESENT: Eric R. Lawrence, CEA Secretary; and Bev Dellinger, Secretary III.
OTHER: Emily Warner of Potomac Conservancy.
PUBLIC MEETING:
1. February 24, 2011 Meeting Minutes
Chairman Kearns pointed out that Ms. Emily Warner was referred to as "Ms. Emily Watkinson"
• in the minutes and she requested the name be corrected. On a motion by Mr. Solenberger and
seconded by Ms. Cain, the minutes of February 24, 2011 were approved with the correction.
2. Fundraising Efforts
a. GIFT — Give $1 for Frederick's Tomorrow
Chairman Kearns stated that the marketing person she had contacted in Clarke County about
helping us was not so eager to help without more support from the County. She was probably
thinking she would be monetarily compensated and, of course, we are not in a position to do that.
Chairman Kearns asked Mr. Lawrence about putting something on the outside of the envelope
when tax bills are mailed to residents. Mr. Lawrence said we have missed that window of
opportunity because the Treasurer's Office bought a surplus of envelopes in January and that will
probably be all they will need for this year. Mr. Lawrence will continue to speak with them so
that when they do order the next batch of envelopes, the CEA will have the opportunity to print a
request for a tax deductible donation.
b. Establishing matching fund source
Mr. Lawrence stated that the County has proffers for open space preservation and they have been
used to help acquire battlefields in the Third Winchester /Red Bud Road area. Right now, the
Red Bud Subdivision is really the only subdivision that's putting money into it; every time a
building permit is issued, the County gets $1,000. Mr. Lawrence feels we shouldn't try to ask
for that money unless we have all the other funds lined up and we could get something closed.
• Chairman Kearns asked if there is any way to get the potential of other proffers if we have a
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• project higher on the visibility list. Mr. Lawrence stated that proffers come with rezonings and
they're voluntary. Where the proposed rezoning is located determines whether or not there is
historic interest. There have been discussions over time about trying to create an open space
expectation. The only two projects that come to mind are along the Route 7 corridor /Berryville
Canyon corridor. There is battlefield interest and those are the ones that have offered up some
money for open space and historic preservation. There hasn't been a rezoning on that corridor
for a while and Mr. Lawrence doesn't anticipate additional opportunities coming up any time
soon.
Ultimately, if we find there is a property that might qualify and the Board of Supervisors agrees,
and as the proffered funds are designated to go for open space preservation, the property could
qualify if it's high enough on the list.
Mr. Fisher stated it could qualify if it has specific rezoning with an impact on an area of
particular interest to the Conservation Easement Authority. Then you would want to mitigate
whatever that impact was.
c. Hill High Farm Conservation Easement effort
Chairman Kearns gave a summary of what has taken place. Hill High owners have been
approved for a $260,000 preservation grant by Farm & Ranch Lands Protection Programs, which
was to expire in April, 2011. FRPP actually extended that approval for one year. That means
the CEA has another year to try to come up with matching funds in the amount of $130,000.
40 Mr. Lawrence stated that we have found two funding sources that we will pursue over the next
couple of months. One source is VDAC, which is a local match. Another source is excited to try
to help us out, but they haven't opened up their grant period yet.
3. Potomac Conservancy update — Cedar Creek Watershed effort
Ms. Emily Warner of Potomac Conservancy spoke about petitioning Virginia Outdoors
Foundation for special project area designations for the Cedar Creek and Passage Creek
watersheds. In February, that petition was passed. That means that anyone who applies at VOF
to donate an easement would have a higher ranking than someone with a similar property outside
the special project area designation.
Ms. Warner and Chairman Kearns met and discussed doing something to let people know about
the special project area designation. In deciding who they might target, they talked about
landowners who probably hold the most land — farmers, horse land owners and orchardists. They
found another segment of the population who tend to be most interested in land conservation and
are people who started off with vacation property here or spent summers here. They tend to have
less land but a little more interest and often more money and are more able to donate easements.
Ultimately, they concluded that people with the most land were who they wanted to target. They
haven't yet decided on a location. Ms. Warner further stated that the general idea would be to
have current easement donors host the gathering. We can write up the invitation letters but have
them be from people living in the community who have already gone through the process. Those
same land owners will do the introductions, explaining they have protected their land through
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• conservation easements. It should be more of a land owner talking to a land owner event. The
CEA and Potomac Conservancy will be available to answer any questions.
4. Discussion: CEA Holding of Easements
Chairman Kearns stated there is a County resident who is interested in donating an easement. Mr.
Lawrence told members that the resident approached Potomac Conservancy for information and
Ms. Warner advised that it's probably not going to meet Potomac Conservancy's criteria;
however, the CEA might want to consider it. The CEA has never held an easement that's been
donated. The property is located within the County's future Service & Water Service Area and is
identified for future commercial and industrial use. It's approximately 60 acres and located on the
east side of White Oak Road and north of Fairfax Pike — east of Sherando Park. Mr. Lawrence
said this is a discussion only to see if it is something the CEA wants to pursue.
Ms. Warner stated there is a lot of development around the property, which is the downside, but it
has quite a lot of stream frontage. The property owner wants to leave the property as it is with
existing agricultural fields to be used for farming and the forest is to be left as it is. Ms. Warner
stated that the forest on the White Oak Road side is pretty scrubby, but it's pretty nice on the east
side of the property. Ms. Warner feels it is a very nice farm.
Mr. Lawrence added that this property is unique, because of all the stream preservation
opportunity and the property owner's interest in not developing the land; we should work with her
to get an easement on it.
Members discussed at length whether they thought the CEA should become an easement holder.
It was decided that we and /or Potomac Conservancy give the landowner as much guidance as we
can provide. Ms. Warner and a representative from the CEA will go talk to the landowner and
find out exactly what she wants to see happen long term. From there, we can discuss with her
what we see from a planning perspective.
5. Next Meeting Date
May 26, 2011
6. Other
Ms. Warner talked with someone from VDOT about mitigation funds and he said they are
definitely looking for credits for wetland and stream mitigation projects - more so stream
mitigation projects. Restoration and protection of a stream gives more credits and would more
likely get money from VDOT. Ms. Warner thinks the formula they use is one acre of credit for
every 40 acres protected. By restoring steam or wetland function on a property, that generates
credits to mitigate damage which has been done somewhere else; VDOT will pay for that.
Also, a transportation enhancement program easement causes an 80% reimbursement of the
project cost from VDOT. Twenty percent has to be matched and Ms. Warner thinks that can be
some landowner donation and VDOT will accept some federal money. A minimum of 25% must
be put up front for FRPP and it can't be matched with any other federal money.
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• There being no further business, the meeting adjourned at 9:00 a.m.
Respectfully submitted,
Diane Kearns, Chairman
Eric R. Lawrence, CEA Secretary
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