CEA 06-19-08 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 filf
RE, : June Meeting
DATE: June 11, 2008
The Frederick County Conservation Easement Authority will be meeting on Thursday,
June 19, 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
1. May 2008 Minutes,
2. Reappointment of Gene Fisher as Board of Supervisors Liaison for three-year term.
3. 2008 Comprehensive Plan Map Insert Vote.
4. Further Event Discussion and Dates.
5. Review of PDR Press Release and Information Packages for Interested Landowners.
6. 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 May 15, 2008 at 8:00 a.m.
PRESENT: Diane Kearns, Chairman, Jim 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:
Minutes and Agenda
John Marker moved to approve the minutes of the March 20`x' and April 24`''
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: Tinning for Shapp PDR Application
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 FDR 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 fundraiser.
The fundraiser could, she explained, be held in mid-August, or earlier. Vocal
foods could be on the menu, local vendors could prepare it, and the outdoor,
evening event would be on a local faun 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 future fi ndr•aiser with a spec�ic property's development rights purchase
campaign: show snap With property divided into sectors, each with a price that
represents the Value of development rights for that section, (have $20 sections,
and $100-+ sections).
• Flyers and Brochures in paper and electronic Versions should he designed to go
out to local conservation and agricultural -related offices and organization
websites.
• Farni Bureau • FSA
• VCC + CEA website
+ Potomac Conseri,ancy • County Planning Office
• Invite reporters from The Star, VA Daily, and Channel 3 to come sit down far all
interview with Diane, Jim andAinher.
• Public Announcement Box in Newspapers, and in local organization neis=sletters
• Re-examine application to make it more legible and then
• Offer an example of a filled -out application for PDR consideration on the CEA
wehsite, using a property that already has an easement. (Need landowner's
permission to be used as example)
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 under some question as the PDR program had not yet been
publically announce 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.
5. 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 191i', at 8:00 a.m.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 9:30 a.m.
Respectfully submitted,
Diane Kearns, Chairman
Eric R. Lawrence, Secretary
ITEM 3:
2008 Comprehensive Plan Map Insert Vote
Maps to be included in the CFA's Comprehensive Policy Plan submission will be available at the
meeting. We will need to review them for errors, omissions or other issues that may need
correcting.
ITEM 5:
Review of PDR Press Release & Information Packages for Interested
Landowners
Draft informational materials that the CEA may consider using are attached, and additional
materials will be available at the meeting for review.
Staff will seek direction about the creation of a general request letter to landowners for
applications to the PDR program, as well as a possible tax benefit primer for landowners, and
other informational pieces.
June XX, 2008
Dear Frederick County Landowner,
CE
Far6E6[CK COMM CONSERVArioN l .4snirsr k nioRin
K@Hg hd'hN'@fl ft &Pp�w
On April 23, 2008 the Frederick County Board of Supervisors accepted a State Grant from the Virginia
Department of Agriculture and Consumer Affairs for $265,000 in matching funds. Through this grant,
the County may purchase development rights from local landowners, or offer landowners partial
reimbursement of the value of a conservation easement.
The Frederick County Conservation Easement Authority (CEA) is proud to announce that it is
now accepting applications from landowners interested in participating in this purchase of
development rights program, which would allow landowners interested in permanently protecting
their land from development.
The CEA will be considering application as they are submitted until December XX, 2008. Priority
will be given to properties that score well in the rating system used by the CEA, however all
property owners that apply will be considered, and the application is free.
For more information on establishing a conservation easement, the PDR program and application
process or about how properties are scored, please contact the Frederick County Planning Department,
or speak with a member of the CEA directly. Please see the attached sheet for contact information, and
details about the PDR program.
Sincerely,
The Members of the Conservation Easement Authority
What is a conservation easement?
A conservation easement is a legal agreement between
a landowner and a government agency or non-profit
conservation organization that places permanent limits
on the future development of the property in order to
protect the land. While often donated by landowners,
the County now has the opportunity through this state
grant funding, to purchase one or more conservation
easements from local landowners.
Landowners who establish a conservation easement
permanently protect their land while retaining
ownership and enjoyment of the property. Landowners
do not have to grant public access to conserved
properties. The public benefits through the protection
of important natural and cultural resources, and local
taxpayers never have to pay for public services, such as
schools, roads, police etc that a new residential
development would have demanded.
For more information about the Purchase of
Development Rights Program or information
about applying, contact the Frederick County
Planning Department:
Or contact a CEA member directly:
Diane Kearns
Chairman
Email: didi@shentel.net
Gene E. Fisher
Board of Supervisors Liaison
Email: gfisher@vlsuallink.com
visuallink.com
What is a PDR program?
The Purchase of development rights (PDR) is the act of
buying the legal right to develop property in the future
by another private party, nonprofit organization, or
government. Most PDR programs involve bargain
sales, where a property's development rights are
purchased for less than their assessed value.
Perpetuity is a long time.
What if County can't bold an easement
at some point?
Easements contracts include language that specifies
which organization it will transfer to in such cases,
(usually the Virginia Outdoors Foundation).
Who gets to use and maintain the land
that is in easement?
All responsibility for the physical maintenance of the
land remains with the landowner. Usually, no public
access is included in an easement agreement, since
most conserved properties are actively used for farming
or as forestland.
Staff Contact:
Amber Powers, Planner
apowers@co.frederick.va.us
540-665-5651
Website:
www.co.frederick.va.us/PlanningAndDevelopment/
ConservationEasementAuthority/
Richie Wilkins
Vice -Chairman
Email: JRW3@ntelos.net
Cordell Watt
Planning Commission Liaison
Email: trff@visuallink.coin
Jim Lawrence
Treasurer
Email: jiml@crosslink.net
C. Robert Solenberger
Email: NA
John D. Gavitt
Todd B. Lodge John Marker Email: gavitt@sheiitel.net
shentel.net
Email: NA Email: jmfarmer@hughes.net