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CEA 08-27-09 Meeting Agenda11kCEA Frederick County Conservation Easement Authority MEMORANDUM TO: Conservation Easement Authority FROM: Eric R. Lawrence, CEA Secretary O SUBJECT: August Meeting DATE: August 20, 2009 The Frederick County Conservation Easement Authority will be meeting on Thursday, August 27, 2009 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. June 25, 2009 and July 23, 2009 Meeting Minutes 2. Purchase of Development Rights (PDR) program update a. VDACS and FRPP grant funding b. Other potential funding opportunities 3. Annual Fundraising Event Discussion 4. Next meeting date September 24, 2009 and Other Please contact the Planning Department (540-665-5651) if you are unable to attend this meeting. ERL/bad CIO Frederick County Planning Department, 107 North Kent Street, Winchester, VA 22601 (540-+665-5551) 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 June 25, 2009 at 8:00 a.m. PRESENT: Diane Kearns, Chairman; Ritchie Wilkins, Vice -Chairman; John Gavitt; John Marker; Robert Solenberger; and Gene Fisher, Board of Supervisors Liaison. ABSENT: Jim Lawrence, Treasurer; Todd Lodge; and Cordell Watt, Planning Commission Liaison. OTHER: Felly Watkinson, Potomac Conservancy. STAFF PRESENT: Eric Lawrence, CEA Secretary; and Bev Dellinger, Secretary 11I. PUBLIC MEETING: 1. Minutes. On a motion by Mr. Marker and seconded by Mr. Solenberger, the minutes of the May 28, 2009 meeting were approved.. 2. PDR Program - Update. Ms. Kearns reflected on the funding challenge the Snapp easement faced at the last meeting and stated that Mr. Fisher was extremely influential in getting information to Senator Vogel on what was happening. Ms. Kearns emailed Delegate Sherwood, who wrote a letter, and Nikki Rovner with National Resources, who also wrote a letter. Mr. Fisher recommended that the CEA Chair send Senator Vogel a letter of thank you for her assistance, as well as Delegate Sherwood. Ms. Kearns said that we got a letter from Kevin Schmidt in the VDACS Office of Farmland Preservation which says there was a misunderstanding and Frederick County will be allowed to use the funds requested with federal matching funds for the Snapp easement. However, we will not be allowed to use matching federal funds for any of the rest of the $265,000. We need to respond to the State as a result of that by the end of July to confirm our interest in continuing with the VDACS program. Ms. Kearns further stated that on June 24, 2009, the Board of Supervisors approved the Snapp easement in its entirety. Today, the CEA needs to approve the MOU and the Deed of Easement so that Ms. Kearns can sign the documents on behalf of the CEA. Frederick County Conservation Easement Authority -117- Minutes 117 -Minutes ofJnne 25, 2009 Ms. Kearns pointed out that the MOU requires the CEA to either pay Potomac Conservancy a one-time lump fee or we pay them annually as a stewardship contribution. Mr. Fisher stated that Mr. Lawrence made it clear last night that the initial one-time stewardship donation is going to be taken care of by the owners. Ms. Watkinson pointed out that the MOU states that a one-time stewardship gift is to be made to the Conservancy by landowner and/or Authority, so it leaves the option for Potomac Conservancy to approach the landowner for a stewardship gift. Ms. Watkinson has talked with the Snapps, but she hasn't received an answer yet. Mr. Solenberger asked Ms. Watkinson what the amount is and she responded that for each easement Potomac Conservancy takes, they need a minimum of $6,000 to go into a stewardship pot. Mr. Gavitt stated it's very clear to him that this isn't a good way to go. This MOU may be superseded in the future, but it's one that we are signing with upfront knowledge now. The MOU says a donation should be made to the Conservancy by the landowner and/or the Frederick County Conservation Easement Authority at closing or shortly thereof, Mr. Gavitt stated we are trying to avoid the County again from being involved in this process, when in fact they set up the Conservation Easement Authority for this purpose and they're supposed to be supporting us. Mr. Gavitt is not saying the landowner shouldn't pay it, but we should not be assuring the County that they will have no responsibility in terms of payment if we're going to sign a MOU where we include them as potentially paying. Mr. Gavitt also believes the amount of $6,000 should be included within the MOU. Mr. Marker noted that the word is not "will" be paid, it's "should" be paid. It is not a prerequisite. Ms. Watkinson felt that, going forward, there may be a mechanism for a separate agreement that would apply to each project that spells out specific numbers. Mr. Gavitt made a motion that the Conservation Easement Authority accept this MOU, which will include a project specific attachment outlining further details such as who will make a stewardship donation and when it will be made. Mr. Solenberger seconded the motion and it passed unanimously. Mr. Gavitt made a motion to approve the Warranty Conservation Easement Deed. It was seconded by Mr. Fisher- and the motion passed unanimously. Ms. Kearns stated that the Snapp casement closing will be at 1:00 p.m. on Monday, June 29th. On Tuesday, June 30'x', there will be a press announcement at 11:30 a.m., publicizing the easement and the working relationships built among the different agencies involved. Ms. Watkinson passed around for members to look at the baseline documentation that she and Ms. Emily Warner put together for the Snapp easement. Frederick County Conservation Easement Authority - 118 - Minutes of June 25, 2009 In moving on to the next project, Ms. Kearns stated Kevin Schmidt, in his letter, stated that the County has to sign off on the fact that the County has to use their money as matching funds for the rest of the grant. Mr. Lawrence stated we have until July 31" to issue an agreement that the County will contribute a minimum of $65,000 to snatch the $130,000 remaining in the VADAC fund. It has to be County funds. Ms. Kearns said the Wrights have applied for FRPP money with the help of the Potomac Conservancy. The application was in the name of Frederick County, so the County may receive a grant of $250,000 from FRPP. Mr. Wilkins noted there is some proffer money for land protection that may be available. Mr. Fisher suggested that Mr. Lawrence check with Mr. John Riley and see if there are some monies that the County has that could be used for this and that cannot be used somewhere else. Mr. Gavitt commented that we stand to lose the Wright easement, as well as this money. He doesn't know if making a presentation to the Board of Supervisors, explaining the critical nature of this matter, or a letter from the CEA, would help. Members discussed at length different ways the CEA might be able to secure and/or raise fiends to be able to acquire the Wright easement. The consensus is to obtain Board approval and make sure the letter to VDACS is mailed before July 31, 2009. Ms. Kearns has an appointment with Mr. Shiekle, Chairman of the Board of Supervisors, to request his support. Mr. Gavitt made a motion that all available potential avenues be explored by the Board of Supervisors, through the Finance Committee, to ensure that $65,000 in funds are released by the County to be available in order to have an easement on the Wright property. Mr. Solenberger seconded the motion and the motion passed unanimously. 3. Fundraising Event Discussion. Ms. Kearns talked to Bill Zartman and be is eager to have his event on October 17, 2009. The next meeting will be held on July 23rd at 8.00 am. Mr. Lawrence and Mr. Gavitt will not be available on that date. Mr. Fisher stated that the Board reappointed Mr. Gavitt and Mr. Solenberger to the CEA at last night's meeting. Mr. Fisher said that Mr. Lawrence did a really good job of presenting the Snapp easement to the Board at last night's meeting. It was pointed out that Potomac Conservancy has the lead in this and that's what the Board desires, but in the future there may be casements where the Conservation Easement Authority may want to take the lead. Mr. Gavitt stated that within the next two weeks, all Winchester and Frederick County residents will be receiving the "Buy Fresh, Buy Local" insert. Preserve Frederick is paying for this at a Frederick County Conservation Easement Authority -119- Minutes 119_Minutes of June 25, 2009 cost of $5,000. Also, on September 24, 2009, is a "Buy Fresh, Buy Local" dinner at One Block West. There will be a maximum of 60 tickets sold at $60 or $65 each. There being no further business, the meeting adjourned at 9.20 a.m. Respeetfully submitted, Diane Kearns, Chairman Eric R. Lawrence, Secretary Frederick County Conservation Easement Authority -120- Minutes 120_Minutes of June 25, 2009 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 July 23, 2009 at 8:00 a.m. PRESENT: Diane Kearns, Chairman; Ritchie Wilkins, Vice -Chairman; Robert Solenberger; Gene Fisher, Board of Supervisors Liaison; and Charles Triplett, Plarming Commission Liaison.. ABSENT: John Gavitt; John Marker; Todd Lodge; Jim Lawrence, Treasurer; and Cordell Watt, Planning Commission Liaison. OTHER: Jason Bly STAFF PRESENT: Michael T. Ruddy, Acting Secretary; and Bev Dellinger, Secretary 111. PUBLIC MEETING: 1. Minutes. There was not a quorum of members in attendance; therefore, the minutes of the June 25, 2009 meeting were not acted upon. 2. PDR Program — Update. Ms. Kearns stated that Mr. Charles Triplett was named as the Plarming Commission Liaison for the Conservation Easement Authority at the Board of Supervisors meeting of July 22, 2009. Mr. Triplett was introduced to the CEA. Ms. Kearns told the members that since the last CEA meeting, the Betty Snapp easement, our first easement, has closed. Ms. Kearns provided some background on this effort, primarily she described for the benefit of Mr. Triplett that there were federal monies, two to one, requiring a 50% match. The state had given Frederick County a grant, so we used the state grant as the match for the federal monies. In initial conversations with the state, that was all right as long as Frederick County provided some money and the CEA had raised $3,000. We had FRPP money, the state money and the CEA's $3,000. Right before the closing, the state determined that the interpretation of the signed contract was that the federal monies can't match the state monies. With discussions from Senator Vogel and Delegate Sherwood and others, the state allowed us to use the state money as the match to the federal money. However, the rest of the grant money has to be matched one for one with Frederick County dollars. Ms. Kearns further explained that the state is requiring that Frederick County sign an affidavit by July 31st stating that the County has appropriated money to match the state money. If we don't, the state will not grant Frederick County any money and it will go back to the state. Frederick County Conservation Easement Authority - 121 - Minutes of July 23, 2009 Ms. Kearns continued that the Wright family wants to put an easement on their property and they have applied for FRPP money in the name of Frederick County, because the USDA suggested they do it that way. Their application was approved so they have federal and state money, as long as Frederick County can match it. The County's match, which is $65,000, is what we need to make the Wright easement happen. The request for the $65,000 was approved by the Finance Committee. However, the $65,000 request for matching funds for the Wright easement was not approved by the Board of Supervisors at their meeting of last night, July 22nd, partly in light of anticipated revenue projections. Most of the Supervisors stated they are supportive of the PDR program and had it not been for these economic times, the outcome would have been different. Mr. Ruddy stated that the Finance Committee discussed the need to identify a long term local match funding source. Funds could possibly come from rollback taxes. Mr. Fisher mentioned that the state's Stormwater Management Program may do a lot to encourage us to protect our rural lands. Mr. Fisher sees this program re -directing development from the UDA to the rural areas, an unwanted consequence that is not what the County would want to have happen. Mr. SoIenberger suggested that the Wright family may want to contribute $65,000 to Frederick County and the County could then move forward with their easement. Ms. Kearns stated that we probably don't have time to do that. Mr. Ruddy stated that he would look into the options available to the County where local money from whomever, could be used. The members discussed at length possible ways of raising the matching funds. However, it was clear that the intent was to have local funding available. Ms. Kearns stated that when she and her husband were vacationing in Colorado several years ago, a restaurant where they ate gave them a pamphlet that said I% has been added to your tab which will go to preservation of open space. It was voluntary and gave you a choice of whether to participate or not. Ms. Kearns asked Mr. John Truban, a local attorney, if this would be legal in Virginia. Mr. Truban researched it and said it is legal. Ms. Kearns asked what if the CEA did this and the profits would benefit the CEA. It's not only the money the CEA may receive, but it's the education and the awareness that's beneficial. Ms. Kearns doesn't believe now is the right time to try this, but maybe next summer after all entities have agreed, this could be a worthwhile endeavor. Ms. Kearns stated that Supervisor DeHaven asked her soon after the CEA had been created if the CEA would be interested in holding historic easements. That is something that will be coming and the Committee needs to be educated on historic easements. Frederick County Conservation Easement Authority -122- Minutes 122 - Minutes of July 23, 2009 3. Fundraising Event Discussion. Ms. Kearns said fund raising isn't as pressing now as it was last week. The Zartrnans will be having an event on October 17'1' at the Opequon Mill. Ms. Kearns won't be very involved because at that time of the year, she's very busy, but she suggested that the CEA could maybe pre -sell apples that could make some money and also bring people to the Mill. 4. Other The next meeting is scheduled for August 27, 2009 at 8:00 am. There being no further business, the meeting adjourned at 8:45 a.m. Respectfully submitted, Diane Kearns, Chairman Michael T. Ruddy, Acting Secretary Frederick County Conservation Easement Authority -123- Minutes 123 - Minutes of July 23, 2009