CEA_06-19-08_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 June 19, 2008 at 8:00 a.m. I
PRESENT: Diane Kearns, Chairman; Ritchie Wilkins, Vice - Chairman; Jim Lawrence,
Treasurer; Gene Fisher, Board of Supervisors Liaison; Robert Solenberger; John Gavitt; Phil
Glaize; and Todd Lodge
ABSENT: John Marker, Cordell Watt, Planning Commission 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 CEA'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 CEA'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.
Frederick County Conservation Easement Authority - 67—
Minutes of June 19, 2008
Competitive PDR Grant Target
General, Non - Competitive
Schedule:
Easement Schedule:
Set deadline announced,
How /when are applications
1 to 12 month window for
Rolling acceptance of applications
accepted?
applications to be submitted
year -round
(based on current situation)
How long for the CEA
3 to 4 months after deadline (CEA
3 to 4 months after application is
score initial application 6, and
policy should be A.S. A.P.)
received
vote?
How many applications are
It depends on the funds available,
Each application ould be decided
but generally i t 3 applications
selected to go before the PC
would chosen, with 1 selected as
on individually; no need to group
and Boss of one time?
,
priority 2 as back -up.
e pr r
the
several together.
Frederick County Conservation Easement Authority - 67—
Minutes of June 19, 2008
•
•
•
Frederick County Conservation Easement Authority
Minutes of June 19 2008
For Applicants still interested in an
easement, even without the PDR
All general applicants are first
funding, they would first be
encouraged 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
language, do title searches, and
language, do title searches, and
What does the CEA do after
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 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?
Target finish date is 6 months
What is the total, target
Target finish date is 6 to 12 months
(bylaws vague but may suggest est st 12 month
timeline for taking things
(bylaws vague but may suggest 12 month
limit) from the time the application is
from start to finish?
limit) from the deadline date.
received.
Frederick County Conservation Easement Authority
Minutes of June 19 2008
Following the discussion, minutes were ultimately approved as written.
E
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 28" — August 2 " 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 announcing 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,),
1
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 M1 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
•
Frederick County Conservation Easement Authority —69—
Minutes of June 19, 2008
ADJOURNMENT
• There being no further business to discuss, the meeting adjourned at 9:30 a.m.
Respectfully submitted,
` _ZY21te_' �2cxrs
Diane earns, Chairman
N
Eric R. Lawrence, Secretary
•
Frederick County Conservation Easement Authority —70—
Minutes of June 19, 2008