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CEA 07-23-09 Meeting Agenda4 CEA Frederick County Conservation Easement Authority MEMORANDUM TO: Conservation Easement Authority FROM: Eric R. Lawrence, CEA Secretary lik- SUBJECT: July Meeting DATE: July 16, 2009 The Frederick County Conservation Easement Authority will be meeting on Thursday, July 23, 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 Meeting Minutes 2. Purchase of Development Rights (PDR) program update a. VDACS and FRPP grant funding 3. Fundraising Event Discussion 4. Other Please contact the Planning Department (665-5651) if you are unable to attend this meeting. C/O Frederick County Planning Department, 107 North Dent Street, Winchester, VA 22601 (540-665-5651) Page 2 CEA July Meeting Agenda July 16, 2009 Agenda Item #2 - Purchase of Development Rights ("PDR") Program Update Funding The Frederick County Conservation Easement Authority ("CEA") continues to pursue various state and federal grant opportunities in an effort to further the County's Purchase of Development Rights ("PDR") program. With the assistance of our PDR partner, the Potomac Conservancy, application has been made to the United States Department of Agriculture's Farmland and Ranchland Protection Program ("FRPP") for $260,000 in giant funds. The CEA was previously awarded fiinds from the Virginia Department of Agriculture and Consumer Services ("VDACS") Office of Farmland Preservation; there is $130,000 remaining in the VDACS account for PDRs in the County. As discussed at the June meeting of the CEA, in order for the County to continue to utilize the grant from VDACS, VDACS has required that the County provide certification that local funds are available to match the VDACS funds - this certification commitment is due by July 31, 2009. In an effort to secure access to the VDACS grant funds, a supplemental appropriation request for $395,000, of which $65,000 is local funds, was presented to the Frederick County Finance Committee on July 15, 2009. As proposed, with the ultimate approval of $65,000 in local fields, the CEA could leverage VDACS and FRPP funds, assembling a total of $395,000 in PDR funds. The Finance Committee recognized the tight fiscal constraints the County is in and will face in the future, as well as the significant benefit to the community that exists with the ability to leverage the various funding sources. The Finance Committee did endorse the request, and forwarded same to the Board of Supervisors for their consideration. (The Board will consider the request on July 22, 2009.) The Finance Committee discussed the need to identify a long term local match funding source — possibly utilizing a rollback tax, and advised that such a source be identified prior to considering future CEA requests for funds. Proffered Funds report The CEA expressed interest in any proffered open space funds that might be available to a PDR program. Staff investigated previously adopted proffers, and did confirm that the Red Bud Run subdivision had a $1,000 per residential lot proffered commitment. Further investigation revealed that the funds accepted to date had already been committed towards a project. Therefore, that potential funding source is not presently available. 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: Kelly Watkinson, Potomac Conservancy. STAFF PRESENT: Eric Lawrence, CEA Secretary; and Bev Dellinger, Secretary III. PUBLIC MEETING: 1. Minutes. On a motion by Mr. Marker and seconded by Mr. Solenberger, the minutes of the May 28, 2001 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 of June 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 -tinge 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 minimurn 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 easement closing will be at 1:00 p.m, on Monday, June 29th. On Tuesday, June 30"', 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 - 1 18 - 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 31St to issue an agreement that the County will contribute a minimum of $65,000 to match 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 $260,000 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 funds 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. Shickle, 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 fiends 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 he 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 easements 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 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 9:2.0 a.m. Respectfully submitted, Diane Kearns, Chairman Eric R. Lawrence, Secretary Frederick County Conservation Easement Authority - 120 - Minutes of June 25, 2009