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CEA 07-24-08 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 MEMORANDUM TO: Conservation Easement Authority FROM: Amber Powers, Planning Technician + RE: July Meeting DATE: July 17, 2008 The Frederick County Conservation Easement Authority will be meeting on Thursday, July 24, 2008 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 I . lune 2008 Minutes. 2. Reappointment of Diane Kearns and John Gavitt to the CEA by the Board of Supervisors. 3. Timing for Snapp PDR decision. 4. August 120' event at Snapp Farm. 5. Review of PDR Press Release and Information Packages for Interested Landowners. 6. Easement Updates (If Any). 7. Other. Please contact the Planning Department (665-5651) if you are unable to attend this meeting. ALP/bad Attachments 107 North Kent Street, Suite 202 • 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 June 19, 2008 at 8:00 a.m. PRESENT: Diane Kearns, Chairman; Ritchie Wilkins, Vice -Chairman; Jim Lawrence, Treasurer; Gene Fisher, Board of Supervisors Liaison; Robert Solenberger; John Gavitt; Phil Giaize; and Todd Lodge ABSENT: John Marker, Cordell Watt, Planning Cormnission Liaison STAFF PRESENT: Amber Powers, Planner I OTHERS PRESENT: Max and Lisa Kotlowski PUBLIC MEETING: 1. Minutes and Agenda A Motion was made, seconded, to approve the minutes of the May 15, 2008 meeting as presented in the agenda package. Before approval, a discussion began regarding the timing of the LEA's response to PDR applications, (as noted in the minutes at the end of section three), Ms. Kearns was concerned that the timing mentioned in the minutes was not consistent with the CFA's bylaws. Please refer to the following chart for details regarding the discussion. This chart outlines some of the conclusions and concerns voiced in the discussion. Competitive PDR Grant Target General, Non -Competitive Schedule: Easement Schedule: Set deadline announced, blow/when are applications 1 to 12 month window for Rolling acceptance of applications accepted? applications to be submitted year-round (based on current situation) !-low long for the CEA to 3 to 4 months after deadline (CEA 3 to 4 months after application is score initial application and policy should be A.S.A.P.) received vote? How many applications are It depends on the funds available, Each application would be decided selected to go before the PC but generally 1 to 3 applications on individually; no need to group and Boss at one time? would be chosen, with 1 selected as several together. the priority 2 as back-up. For Applicants still interested in an easement, even without the PDR All general applicants are first funding, they would first be encouraged to find another private What happens to encouraged to find another private easement holder, but if no one else applications that don't make easement holder, but if no one else can take them, the County becomes the cut? can take them, the County could their last stop. If they don't meet consider accepting the easement the scoring criteria. provided that they meet the scoring criteria. Easement application(s) are further Easement application is further What does the CEA do to prepared, with generalized prepared, with generalized prepare the proposal for the conditions of the easement worked conditions of the easement worked PC and Boss? out, but not drawn-up in legal out, but not drawn-up in legal document. document. When does it go the Planning Within 4 to 6 months of the 4 to 6 months after the application Commission? application deadline. is received. The PC looks at all proposals, and makes two decisions: First they either vote to recommend approval The Planning Commission looks at or denial of the selected the proposal and either vote to What does the Planning applications (based on easement recommend approval or denial of Commission consider? conditions, value to the County, and the proposal (based on easement how much $, if any, the County will conditions, & value to the County in have to contribute). They also vote holding the easement.) to affirm or change the prioritization of the applications. When does it go to the Board Within 5 to 7 months of the 5 to 7 months after the application of Supervisors? application deadline. is received. Same as PC, but makes final vote, What does the Board of and whichever application is voted Same as PC, but makes final vote. Supervisors consider? to be the priority is the one the CEA will move forward with first. The CEA works with landowner, & The CEA works with landowner, & experts to draw up exact easement experts to draw up exact easement What does the CEA do after language, do title searches, and language, do title searches, and finalize the pre-easement finalize the pre-easement initial Boss approval? assessment and all other prep work. assessment and all other prep work. (Can take some time to complete, 1 (Can take some time to complete, 1 to 6 months) to 6 months) Once the Easement is ready, Once everything is finalized, the BOS Once everything is finalized, the BOS and has been blessed by the will have to give its final blessing, will have to give its final blessing, County's staff f attorney, and then the easement can be and then the easement can be how does the easement get recorded at the courthouse. recorded at the courthouse. established? What is the total, target Target finish date is 6 to 12 months Target finish date is 6 to 12 months timeline for taking things (bylaws vague but may suggest 12 month bylaws vague but may suggest rz month limit) from the time the application is from start to finish? limit) from the deadline date. received. Following the discussion, minutes were ultimately approved as written. 2. Reappointment of Gene Fisher, Board of Supervisors Liaison Motion was made to approve Mr. Fisher's term as Board of Supervisors liaison, the motion was seconded, and approved unanimously. 3. Easement Maps Staff noted that the maps were not yet finished by the GIS department and were thus unavailable for review. 4. Further Event Discussion & Dates Ms. Kearns confirmed that several events and meeting were currently scheduled including appearances at meetings held by other organizations to explain the PDR program. In addition, the CEA will be at the July 2.8` — August 2" d Frederick County Fair to let people know about the program. Ms. Kearns also noted that the larger fundraiser would be held in mid-August at Wayne and Sam Snapp's farm, with local foods, possibly including a locally -grown animal, beverages and desserts. There will be chances for people to donate to specific CEA efforts including donations to help cover a future purchase of development rights, or to help pay for a mailing aimouncing the program, etc. The group also looked over the informational mailers and flyers presented and made several minor suggestions for improvement. The final letters will be created, and as soon as an opportunity to mail them arises, the letters will go out. (The flyers will be posted as soon as the PDR deadline is finalized by the CEA at their July meeting,) 5. Max Kotlowski inquiry regarding the nature of the easement on his land Handouts were given to members. Conclusions regarding the legal issues of the easement were as follows: • Get County Lawyer's opinion on the status of the Easement. • Get a letter from the County Planning Department (may require board blessing) approving of the easement on the Ml land. • Establish the easement with a private easement holding organization, and then • Return to the county to request a downzoning on the property that is in easement. Max's contact info: 800 Airport Rd, Winchester, VA 22602-4506, United States Phone: (540) 662-7820 ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:30 a.m. Respectfully submitted, Diane Kearns, Chairman f or 1�+2�.2YI?-i'1C-4e- --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 May 15, 2008 at 8:00 a.m. PRESENT: Diane Kearns, Chairman; Jiro Lawrence, Treasurer; Gene Fisher, Board of Supervisors Liaison; Cordell Watt, Planning Commission Liaison; Robert Solenberger; John Marker; Phil Glaize; and Todd Lodge ABSENT: Ritchie Wilkins, Vice -Chairman; and John Gavitt STAFF PRESENT: Amber Powers, Planning Technician OTHERS PRESENT: none PUBLIC MEETING: 1. Minutes and Agenda John Marker moved to approve the minutes of the March 20"' and April 24`x' meetings as presented in the agenda package. The motion was seconded and approved unanimously, along with the approval of the agenda for the May meeting with the addition of one item: Trn ing for Snapp PDR Aj)plication Response. 2. CEA contribution to the 2008 Comprehensive Plan Member's present expressed their overall satisfaction with the most recent draft. Two minor changes were made under the Implementation Methods heading. Ms. Kearns noted that the comp plan language currently stresses only the conservation tools that the County is actively using / or considering, but that is still a valuable first step. She then asked members to consider where in the comprehensive plan the conservation section should be placed, (either the Land Use section or Environmental section). The Mr. Lawrence pointed out that is would be very compatible with the new environmental section being proposed. Mr. Fisher agreed but also pointed out that it may receive more exposure within the Land Use section. After further discussion, Mr. Solenberger made a motion to approve the Comprehensive Plan section with the two minor changes, and proposed that the CEA recommend that the section be included in the Land Use Chapter. Mr. Lawrence seconded the motion and it was passed unanimously. 3. PDR Press Release and Information Packaging & PDR Application Timing Ms. Kearns spoke to the members about the need to make sure that the respond within the window of time necessary regarding the PDR application the CEA received from the Snapp family. She also pointed out that the group needed to publicize the availability of the PDR money to the public as well as offer informational events regarding the PDR program and conservation easements in general. Ms. Kearns suggested having one or two informational events this year, and one large event that would also serve as a Rindraiser. The fundraiser could, she explained, be held in mid-August, or earlier. Local foods could be on the menu, local vendors could prepare it, and the outdoor, evening event would be on a local farm with horseback riding and or other activities. The fundraiser could also be held in someone's house during the week, in the evening after work hours with light food, information etc. Sever possible locations were mentioned, and more information might be available next month. The group discussed a wide range of ways to publicize the PDR program, informational meetings and fundraiser including: • For a fixture firndraiser iNIh a specific property's development rights purchase campaign: shoij, rrrap 114th Property divided into sectors, each ii,ith a Price that represents the value of derelopnrent rights for that section, (ha+,e S20 seclions, and S] 00+ sections). • Flyers and Brochures in paper and electronic versions should be designed to go out to local conseri,alion and agricultural -related offices and organization uvbsites. • Farin Bureau • FSA • VCC • CEA it,ebsite • Potomac Conser►7crrrcy • County Planning Office • Invite reporters fi-orn The Star, VA Daily, and Channel 3 to come sit doii,n for an interWetii, i0th Diane, Jim and Amber. • Public Announcement Box in Neii spapers, and in local organization neii sletters • Re-examine crpplicalion to make it more legible and then • Offer an e_rarnple of a filled -out application for PDR corrsirleration on the CEA tineb.sile, using a property that already hers an easement. (Need landolvrrer's permission to be used as e--% an In terms of content regarding the informational meeting, it was suggested by Mr. Solenberger that someone with a law background discuss the possible pitfalls of establishing an appropriate conservation easement. (Perhaps Mr. Jesse Richardson could lead a case study?) Ms. Powers noted that if members would like to submit language to be included in the flyers she would distribute them to local organizations and the press. It was also noted that the bylaws indicate that the CEA should respond with a decision regarding and Easement Application within one year. As to when this year was to begin was tinder some question as the PDR program had not yet been publically am-iounce and application calls have not yet been made, thus no action or decision could be properly made regarding the Snapp application for some time. It was determined however, that the group would be able to publicly announce the program and allow for enough time to accept and review applications before facing the end of the one-year mark. 4. Easement Updates The group held a brief discussion regarding local easement activity and interest. Additional information regarding properties discussed in this portion of the meeting will be included in the July Agenda. S. Next Meeting Due to a conflict on the fourth Thursday, it was agreed that the CEA would meet on the Third Thursday of the June, the 19`x', at 5:00 a.m. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:30 a.m. Respectfiilly submitted, Diane Kearns, Chairman Eric R. Laurence, Secretary ITEM 3: Timing for Snapp PDR decision & General Timing policy for non -PDR Easement Applications The Snapps have asked that the CEA provide them with an up or down vote on the PDR funding for their property by October. Since approval or denial of county -held or co -held easements requires a vote from the Board of Supervisors, the CEA will need to forward its final recommendation to the Planning Commission no later than August 25th This would assure that the Planning Commission sees it in September, and that the Board of Supervisors votes on it at their- first October meeting. With this in mind, and to assure that the public has time to submit applications and be considered, staff is recommending the following for this specific situation: Might I suggest that in order to accommodate the Snapps, as well as giver others the chance to apply, that we do this: State that: • Applications will be accepted immediately. • Up to three properties will be selected by the CEA to be recommended to the Board for inclusion in the PDR program. There will be two rounds to the selection process. • The property selected in the first round will receive a priority recommendation by the CEA to the Planning Commission and Board. Applications received by August 25'g' will be considered for priority recommendation. • If money is left, one or two additional properties will be selected for inclusion in the PDR program. (The money left for them may not cover full market value of development rights but would offset the "loss".) Applications received between August 25th and December 31" 2008 will compete for any remaining funds left in the PDR program. For general applications not seeking PDR money, the CEA should consider a policy allowing the Authority to evaluate and then vote on the application within six months of receiving it. This way, the Planning Commission and Board of Supervisors can consider the proposal and make a final decision within a year (12 months, not December 315') of receiving the original application.