CEA_02-23-06_Meeting_MinutesMEETING 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 February 23, 2006.
PRESENT: Richie Wilkins, Chairman; Bud Good, Vice Chairman; Phil Glaize, and Jim
Lawrence
ABSENT: Robert Solenberger; Diane Kearns, Treasurer; Barbara Van Osten; Todd
Lodge; and John Light
STAFF PRESENT: Susan Eddy, Senior Planner; and Kevin Henry, Planning
Technician
PUBLIC MEETING:
There not being a quorum in attendance, members were unable to take formal action.
Heather Richards, Director of Headwaters Conservation with the Potomac Conservancy,
spoke to the Members on standards and practices for land trusts when holding
• conservation easements. She reviewed the standards and practices recommended by the
Land Trust Alliance. Many of the standards and practices are also relevant to this
Easement Authority.
Ms. Richards noted the large number of IRS audits on easements in Virginia. She stated
the importance of meeting the public benefit code of the IRS. She stressed the
importance of keeping accurate records, maps, photos and notes of meetings with
property owners. She urged caution in dealing with property owners only interested in
tax breaks and stated that the Authority should always require copies of both appraisals
associated with any easements.
Members raised questions about amendments to recorded easements and the level of
detail to include in easements, such as detailed forest management plans. Ms. Richards
advised that language should remain general and based on goals because management
practices change over time.
Jennifer Esler, Director of the Museum of the Shenandoah Valley, then spoke to
Members concerning a possible fagade easement at Rose Hill. She also introduced Jim
Laidlaw, Chairman of the Museum of the Shenandoah Valley and Julie Armel, Public
Relations Director of the Museum of the Shenandoah Valley
Ms. Esler gave a brief history of the Rose Hill house and property. She noted it is on the
• National Register of Historic Places and the Virginia Landmarks Register. She stated
Frederick County Conservation Easement Authority
Minutes of February 23, 2006
that a grant that Rose Hill had received from Save America's Treasures required that a
is government agency or non -profit organization hold a facade easement on Rose Hill. She
stressed that there are no tax credits involved and the museum is a non - profit organization
that pays property taxes to Frederick County. She noted that the Glass -Glen Burnie
Foundation was not willing to include any land in the easement and would only consider
a 50 year term, the minimum required by Save America's Treasures.
Chairman Wilkins stated that a facade easement was outside of the Authority's area of
expertise. We would require sample easements. Planner Eddy noted that staff sometimes
uses the services of an architectural historian because there is no one with that expertise
on the County's staff. A general discussion of facade easements followed. Members
questioned the 50 year time period as the Authority expected to hold easements in
perpetuity. Ms. Esler stated that 50 years was all that the foundation was willing to give.
She mentioned that the Virginia Department of Historic Resources was unwilling to hold
the facade easement since it was only for 50 years. Members were very reluctant to hold
a facade easement and reluctant to hold an easement that was not permanent. They
preferred to stay with their core mission of holding land easements in perpetuity.
Planner Eddy reminded Members of the proposed evening seminar on April 3 rd at 7:30
p.m. in the Board Room. Planner Eddy asked that a special meeting of the Authority be
held early in March in order to endorse the Memorandum of Understanding with the
Virginia Outdoors Foundation. This needs to be endorsed by the
Board of Supervisors by the end of March. Members suggested Thursday, March 9 th at
• 8:00 a.m. Planner Eddy agreed to take care of the required notifications.
ADJOURNMENT
There being no further business to discuss, the meeting adjourned at 10:35 a.m.
Respectfully submitted,
ichie Wilkins, Chairman
Susan K. Eddy, Secretary
is
Frederick County Conservation Easement Authority _ 12-
Minutes of February 23, 2006