CEA_11-17-11_Meeting_MinutesC
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 17, 2011 at 8:00 a.m.
PRESENT: Diane Kearns, Chairman; Ron Clevenger; Todd Lodge; Robert Solenberger; John Marker;
and Charles Triplett, Planning Commission Liaison.
ABSENT: Elaine Cain, Treasurer; and Gene Fisher, Board of Supervisors Liaison.
STAFF PRESENT: Eric R. Lawrence, Secretary; and Bev Dellinger, Secretary III.
OTHER: Ellen Murphy, Commissioner of the Revenue.
PUBLIC MEETING:
1. September 22, 2011 Meeting Minutes
On a motion by Mr. Solenberger and seconded by Mr. Clevenger, the minutes of September 22,
2011 were approved.
® 2. Update on Shenandoah County conservation easement efforts — Bernard Griswold
Chairman Kearns introduced Mr. Bud Griswold, who is the head of Shenandoah County's
Easement Authority.
Mr. Griswold stated that Shenandoah County went through a comprehensive planning exercise to
update the Comprehensive Plan and he worked with some of the focus groups concerning the
vision of the County's Comprehensive Plan, which includes the maintenance and protection of
its agricultural heritage. One of the foremost identifiable issues in the Plan was TDR's and
conservation easements. Mr. Griswold said they have six districts in Shenandoah County, and a
Supervisor from each district names an individual to their Easement Authority Committee, plus
ex- officio members from the Planning Commission and the Cooperative Extension Service. The
Easement Authority Committee spent a considerable amount of time educating themselves.
They also did some public education sessions, which included a brochure created by the
Cooperative Extension Service. After some research, they found that a number of counties in the
state, Albemarle being the foremost, were using rollback tax money from their agricultural land
program. Rollback taxes were not designated in Shenandoah County. They met with the County
Administrator and he thought it was a grand idea because there was money there that was not
obligated. Looking back over six or seven years, there was over $400,000 there. The Easement
Authority sent a letter to the Board of Supervisors suggesting that the time was right, and if they
were really serious about supporting the vision of the County, now was the time to supply a little
money. The Easement Authority asked to go back three years to get $120,000, which was what
® the state said they could get this year. That was part of the trigger, that all of a sudden there was
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® some state money available. After six months of debate, the Board did obligate $100,000 for the
Easement Authority. They have about $250,000 and their issue right now is that they need to
have some good demonstration programs for the Board of Supervisors so that they know this is
going to be money well spent and they can support this for the long run. The Easement
Authority is now in the process of gearing up with educational materials and working with
Potomac Conservancy and others to try and identify places where they can make a contribution.
One of their issues from the beginning was to develop partnerships, and they have worked
closely with Potomac Conservancy and Battlefield Foundation.
Chairman Kearns asked if the difference between the $100,000 and the $250,000 came from
state monies. Mr. Griswold said yes, they applied and were approved for funds. Chairman
Kearns asked when they applied for the funds, did they have a project with it. Mr. Griswold said
no, they just had to have a match for the funds.
Mr. Solenberger asked how many acres Shenandoah County has in easements. Mr. Griswold
stated there's about 4,000 acres, but none are under their Easement Authority. They're working
on one right now with Potomac Conservancy that's about 400 acres.
Chairman Kearns stated that Potomac Conservancy applied to the Virginia Outdoor Foundation
for special area designation for sections of the water shed that straddles Frederick and
Shenandoah Counties. When Potomac Conservancy got this, the CEA talked about doing some
kind of educational program targeted to that audience. That is one thing we could do that would
be beneficial to both Counties.
® Mr. Griswold said one thing they have done was to identify and concentrate on the smaller
farms, less than 100 acres, and that may be beneficial to Frederick County as well. Small land
owners can't find the resources to get easements on their property.
Mr. Lawrence asked if any property owners have come to the Easement Authority now that they
have money. Mr. Griswold responded that they've only had about three phone calls. He said the
Easement Authority got a list of every land owner on the tax records in Shenandoah County who
had over 15 acres and mailed them information about conservation easements.
Chairman Kearns considers the hunting and fishing community as very understanding of the
value of conservation. She suggested giving maybe $200 to someone to organize a
hunting /fishing breakfast and Chairman Kearns will attend to stress the importance and the merit
of conservation easements to them and their community.
Mr. Solenberger agreed with Chairman Kearns and added that we should earmark a retired
person who is interested in keeping their property the way it is, which is through an easement, to
make calls and spread the word to others.
Chairman Kearns stated that Potomac Conservancy has an intern who just makes calls and if we
can give her some names, she will do that for us. Mr. Solenberger feels it takes a unique
personality to do this, someone who can connect with the older generation.
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Mr. Lawrence stated it seems we need to figure out a strategy to get money and a strategy to
educate people about the benefits of easements. We may need to set up some kind of an
educational, but also a facilitator, board that helps bring people together. Whether we have the
money or we've got the developer, we need to find the farmer who wants to talk about selling
something. Conservation partners can help with the process, but in this community we don't
have the billboard set up where the fanners and developers can go.
Chairman Kearns thinks Mr. Lawrence's idea is a good one, of at least having some sort of
formal entity that can connect people. Mr. Lawrence thinks this is a different task than the CEA
was set up for, but he thinks we need to have one central location for information for the farming
community to go. If they want to do something with their land, but not lose their land, we can be
a clearing house for how conservation easements are set up, how TDR's are set up, a funding
source for conservation easements, or a developer willing to buy development rights.
Chairman Kearns would like to get easement holders together, Frederick and Shenandoah
Counties, because they are the most direct contacts we have, and explain the special area
designation to them. Mr. Griswold is interested in participating. Chairman Kearns suggested we
go to Potomac Conservancy and enlist their help in pulling this together.
3. Fundraising Efforts
a. WWW.GIFT.org — Give $1 for Frederick's Tomorrow
40 b. Establishing matching fund source
Chairman Kearns said that she and Ms. Elaine Cain are planning to get together after the first
of the year to discuss funding plans. Ms. Murphy put together some roll -back tax numbers for
the Committee.
Mr. Lawrence is going to see if there is any money left in the account where it was proffered
that $1,000 per house, built in Red Bud Run, be collected for open space preservation. A
portion of the contributions has been spent on preservation of some of the land along Red Bud
Road and a portion went to Star Fort preservation.
Mr. Lawrence suggested it may be timely now for the CEA to pursue some funding, as the
budget process will get started in January. Because of the way the budget is, Mr. Lawrence
thinks the CEA needs to meet again before January to prepare a formal motion to go to the
Board and the Finance Committee to try to get a budget request together.
4. Map depicting preserved land in Frederick County
Mr. Lawrence passed around a map showing all the properties in Frederick County that are in
easements as well as properties that are held by government entities that we know aren't going to
develop. Also shown are the County's rural preservation tracts, which are small, rural
subdivisions, where 60% of the parcel is set aside and not developed. We found there are over
15,000 acres in some form of conservation.
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Mr. Solenberger asked if there's a time limit that the landowner has to keep the 60% set - aside.
Mr. Lawrence stated that in the rural preservation subdivision process, which used to be 40% set -
aside rather than 60 %, that set -aside parcel by ordinance says you cannot develop it for at least
ten years and after that time, you could seek a rezoning. But you can't seek a rezoning of
property in this County to residential unless it's in the Urban Development Area and unless it's
been identified for residential use by the Comprehensive Plan. What happens is 99% of these
rural preservation tracts are in areas of the County that, for the next 20 to 30 years, aren't even in
the thinking process of joining the Urban Development Area. The answer is, it's not a
permanent easement, but the way the ordinance is set up, there's not a lot of likelihood that
you're going to be able to rezone the property and get further development.
5. CEA Membership
Chairman Kearns said that at the last meeting, some names were suggested as a possible CEA
member. In order to introduce some "new blood" into the mix, Chairman Kearns suggested
someone she knows who works at Mountain Trails who's into hunting and fishing. Mr.
Solenberger suggested the couple who have Hackwood, either one, may make a good candidate.
Mr. Triplett suggested someone who works at Valley Farm Credit. It was decided that Chairman
Kearns will contact people about becoming a member of the Conservation Easement Authority.
6. Next Meeting Date
December 22, 2011 at 8:00 AM.
7. Other
There being no further business, the meeting adjourned at 9:15 a.m.
Respectfully submitted,
Diane Kearns, Chairman
Eric If. Lawrence, CEA Secretary
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