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CEA 05-28-09 Meeting AgendaTO: Conservation Easement Authority FROM: Eric R. Lawrence, Planning Director RE: May meeting DATE: . May 21, 2009 The Frederick County Conservation Easement Authority will be meeting on Thursday, May 28, 2009 at 5:00 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. April 23, 2009 Minutes 2. TDR Workshop - update 3. PDR program - update 4. Fundraising Event Discussion Please contact the Planning Department (665-5651) if you are unable to attend this meeting. ERLlbad 107 North Kent Street, Suite 202 d 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 23, 2009 at 8:00 a.m.. PRESENT: Diane Kearns, Chairman; Ritchie Wilkins, Vice -Chairman; Jim Lawrence, Treasurer; John Marker; Robert Solenberger; Todd Lodge; and Gene Fisher, Board of Supervisors Liaison. ABSENT: John Gavitt; and Cordell Watt, Planning Commission Liaison. OTHER: Emily Warner, Potomac Conservancy. STAFF PRESENT: Eric Lawrence, Planning Director; and Bev Dellinger, Secretary III. PUBLIC MEETING: 1. Minutes. On a motion by Mr. Marker and seconded by Mr. Lawrence, the February 26, 2009 minutes were approved. On a motion by Mr. Marker and seconded by Mr. Lawrence, the March 19, 2009 minutes were approved. 2. Election of Officers. Mr. Marker made a motion to nominate Ms. Kearns as Chairman, Mr. Wilkins as Vice Chairman, Mr. Jim Lawrence as Treasurer and Mr. Eric Lawrence as Secretary. Mr. Fisher seconded the motion and it passed unanimously. 3. Adoption of Bylaws. Ms. Kearns had a comment about Article III — Membership. In the Articles of Incorporation, it spells out more detail concerning a planning liaison or a board liaison. June Wilmot pointed out to Ms. Kearns that this should be in the CEA Bylaws. Mr. Eric Lawrence suggested that reference be made to the Articles of Incorporation in the CEA Membership Article Ili. Members agreed with this suggestion. There were no other comments about the Bylaws. Mr. Eric Lawrence pointed out that in the amendment process, Article VII, 30 days prior notice has to be given. He suggested that a recommendation to bring this back in 30 days, with this change, would be appropriate. Ms. Kearns recommended that the Bylaws be left as is and next year, the change will be make. Mr. Marker made a motion to adopt the Bylaws as they are. Mr. Wilkins seconded the motion and it passed unanimously. Frederick County Conservation Easement Authority _109 - Minutes 109 - Minutes of April 23, 2009 Speaking about membership, Ms. Kearns stated that we don't have to do anything immediately, but there are going to be some people rotating off. Mr. Watt is close to leaving the Planning Commission so someone else will be appointed; however, Mr. Watt would like to continue to participate in the CEA. 4. Rural Areas Report and Recommendation — Update. Ms. Kearns stated that the Board of Supervisors last night voted unanimously to approve the Rural Areas Study, meaning there will be a TDR Program. Ms. Kearns asked when the program will be established and Mr. Eric Lawrence stated we hope to have it adopted before the end of the year. Mr. Eric Lawrence further stated that as we draft the ordinance and in reviewing sample ordinances, they are using conservation easements to protect the land. There is an interest within our community of possibly doing covenants because it's believed to be easier to maintain. If we decide on covenants, we won't need a body such as the CEA, to hold the easements. It's believed that if it's a covenant, it goes with the deed and the property. The State Code for the TDR Program says that once the rights are transferred, the property can never be further developed. The County Attorney believes that the way the State TDR Ordinance was adopted in Virginia, it makes reference to deed covenants, not easements. Therefore, if the Code makes reference to deed covenants, that's the route we're supposed to be following. The Code also says that once you enter into and exercise a TDR right, you cannot further develop your property. Mr. Eric Lawrence feels that with the County's GIS System, we can identify the properties that have sold their development rights. It then becomes a very easy process when doing a subdivision to check whether this property even had any rights. 5. TDR Workshop — Update. Ms. Kearns asked about the $100 donation for the Northern Shenandoah Valley Regional Commission Agricultural Preservation Workshop, discussed at the March 19th meeting. Mr. Eric Lawrence asked members to re -affirm by voting today. Mr. Solenberger made a motion to approve the donation. Mr. Wilkins seconded and the motion passed unanimously. Mr. Lawrence stated that the workshop will be held on Friday, May 15th, at Valley Farm Credit. They're still working on the follow-up date for the Green Infrastructure Workshop. Local governments are invited, as well as Boards of Supervisors, Planning Commissions, Planning Departments and CEA members. G. PDR Program -- Update. Ms. Kearns stated that Justin Wright has been working with Potomac Conservancy concerning a PDR. Ms. Emily Warner of Potomac Conservancy stated that applications have to be in Richmond by May 29th for consideration. Frederick County Conservation Easement Authority -110- Minutes 11Q - Minutes of April 23, 2009 Ms. Kearns asked members what they wanted to do to help the Wrights. Potomac Conservancy would be willing to help Justin write the application and get it in. Ms. Warner stated that one of the entities who is going to co -hold the easement, if it happens, has to actually make the application to FRPP. So either Potomac Conservancy, if they are going to be a co -holder, or the CEA. Ms. Warner further stated that Potomac Conservancy hasn't gone through the process of officially approving being a co -holder for this property. Ms. Warner is hesitant to say officially that Potomac Conservancy will be a co -holder, but they will definitely help the Wrights do the FRPP application. Ms. Warner stated that if CEA members say this is the property you want to put State grant money toward, she can comfortably start working on a FRPP application. When she gets approval from her supervisors, they will decide whether to put Potomac Conservancy's name on the application or whether to put the CEA on the application. Ms. Kearns asked Ms. Warner when there would be confirmation that the application has been accepted and Ms. Warner said she thinks June 29th. Ms. Kearns has concerns about making this all happen by the time the State money needs to be used, because the State money goes away if we don't use it. The members discussed CEA scoring of the property, surveying, acreage and parcel size, title search results, and Board of Supervisors support. Mr. Eric Lawrence suggested if the members want to use the Wright property for this year's use of our grant funds and also support them in pursuit of federal funds, this would probably be an appropriate motion. The Board will need to endorse it so it will become a recommendation from the CEA and the Board can do that prior to the May 291h deadline. Mr. Solenberger made a motion that the CEA support the Wrights pursuit for conservation easements, that we support their use of our grant funds, that we support the pursuit of federal funds and that we support the potential CEA co -hold of the property easement in the event that Potomac Conservancy is unable to. Mr. Wilkins seconded the motion and it passed unanimously. 7. Fundraising Event Discussion Ms. Kearns stated that she hasn't talked to Ms. Copenhaver or the Zartmans since the last meeting. Members decided to help with the fundraiser. Ms. Kearns will continue working with the Zartmans, who want to do an apple event in October. S. Other. Ms. Kearns stated that the Potomac Conservancy is applying for a National Fish and Wildlife Foundation grant. Ms. Warner said this is a grant proposal for work in Cedar Creek watershed. Potomac Conservancy is trying to focus more on what properties are going to have the most impact from water quality. This grant is specifically to help with land protection and best management practices in the Cedar Creek. watershed. They are looking for letters of support that work with Potomac Conservancy on these types of things. Frederick County Conservation Easement Authority - Minutes of April 23, 2009 Ms. Kearns stated if no one has any objections, she will write Potomac Conservancy a letter of support. The next meeting will be held on May 28'h at 8:00 am. There being no further business, the meeting adjourned at 8:55 a.m. Respectfully submitted, Diane Kearns, Chairman Eric R. Lawrence, Secretary Frederick County Conservation Easement Authority Minutes of April 23, 2009