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CEA_10-23-08_Meeting_Minutes• 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 October 23, 2008 at 8:00 a.m. PRESENT: Diane Kearns, Chairman; Jim Lawrence, Treasurer; Robert Solenberger; John Marker; Todd Lodge; Gene Fisher, Board of Supervisors Liaison; and John Gavitt. ABSENT: Cordell Watt, Planning Commission Liaison; Ritchie Wilkins, Vice - Chairman. STAFF PRESENT: Amber Powers, Planner I; and Eric Lawrence, Planning Director. PUBLIC MEETING: The meeting began at 8:00 am. On motion by Mr. Solenberger and seconded by Mr. Gavitt, the August 28, 2008 minutes and the September 25, 2008 minutes were approved. Regarding the Snapp easement process, Ms. Kerns stated that we need to understand the restrictions. Ms. Kerns further stated that the first restriction is no division, so it cannot be subdivided at all. Another • restriction is that one single family residence, not to exceed 3,000 square feet and sitting on an area no larger than two acres in size, may be built. The actual situation of that residence will have to be approved by the Grantees. Farm buildings or structures are allowed as long as they are under 4,000 square feet. It it's more than 4,000 square feet, they have to have approval. Private roads — roads with permeable surfaces are permitted. The collective footprint of all the buildings and structures on the property, excluding the roads, shall not exceed 1% of the total area of the property. Industrial and commercial activities are prohibited, except for agriculture and livestock, equine and forestry small - scale activities. Processing and sales of products produced on the property is permitted as long as no additional buildings are required. Temporary or seasonal outdoor activities that do not permanently alter the physical appearance of the property and that do not diminish the conservation value are protected. Activities that can be and, in fact, are conducted within permitted buildings without alterations to the external appearance, are allowed. Temporary outdoor activities involving 100 or more people shall not exceed seven consecutive days in a 90 day period without written approval. There were more conditions involved that Ms. Kearns summarized. There was discussion concerning grantee approval. Ms. Kearns stated that according to the application, approval by the Potomac Conservancy shall be deemed representative approval from all grantees unless such approval expressly states otherwise or Virginia Outdoors Foundation or the United States Government expressly denies grantor's request for approval within a reasonable time. What this basically means is Potomac Conservancy takes the lead on this. Ms. Kearns stated that the MOU will contain what is specific to what is being talked about now and we will work with Potomac Conservancy if any changes are needed. Also in the MOU, there should be a stewardship fund in case there is enforcement activity that's needed. The question has come up as to whether the County will require • money set aside by the Finance Committee. If that happens, it needs to be spelled out. Ms. Kearns Frederick County Conservation Easement Authority -87- Minutes of October 23, 2008 believes it may not need to be spelled out in the MOU yet because Potomac Conservancy is taking the primary lead, but it would be a good idea if the CEA could have a stewardship fund. Mr. Gavitt thinks this is a decision by the Board of Supervisors but would we get free attorney help. Do we need a fund or would there be something within an MOU, or some level of understanding, that in case of a violation the County would be equally responsible for enforcing the easement. Mr. Gavitt isn't sure a fund needs to be set up but he is very focused on the fact that we need some kind of agreement that the County would do their equal process in this case. Mr. Lawrence stated that when you look at the easement and the benefits the CEA is looking for - like no subdivision, no houses - those things just by process are regulated in the Planning Department. So when you look at what aspects of the easement we would have to enforce, Mr. Lawrence suggests there is only a slim chance that we would have to have legal action. If they violate their forest management plan, that's something we would have to get legal enforcement on. Mr. Lawrence feels that 90% of the enforcement is going to be just on what the Planning Department does with property owners on a regular basis so we may not need to set up any fund. Mr. Fisher believes there are some bigger issues beyond just local issues. There are restrictions on power lines, gas lines, utility easements, and with these issues, you'll need legal assistance. Mr. Gavitt stated that would be a case of eminent domain, which they can't do unless the State takes eminent domain and says we're going to put in this power line. • Mr. Fisher stated he understands, but the County needs to support this. Mr. Fisher believes there are some issues with the Easement Authority's authority and what they need Board authority from. He would hope that down the road the credibility of this Authority gets to the point that it assumes most of the responsibility and for some issues, doesn't need to go the Board. Mr. Fisher doesn't know that right now there needs to be some set -aside money on the accounting part of that. Ms. Powers stated that the average set -aside per easement for Potomac Conservancy is somewhere between $3,000 and $6,000 because of the fact that the County is already assuming a lot of those responsibilities in their day -to -day work. They probably don't even need that much. Ms. Kearns stated she doesn't believe any money will be coming from the County, but she would like to be able to say the CEA wants to start this type of fund with private donations. Ms. Kearns said she and Kelly Watkinson of the Potomac Conservancy will get together and come up with MOU language, which will be provided to CEA members by the next meeting. Ms. Kearns stated that she needs a consensus from members on the general ideas in the MOU — such as Potomac Conservancy will be the primary Grantee in monitoring and enforcement; they will be primary and we're backup. Mr. Gavitt suggested it be put in a more pro- active sense so there is a clear understanding that funds for enforcement shall be the responsibility of each of the Grantees and they're not going to depend on the others for funds. Frederick County Conservation Easement Authority - 88 - Minutes of October 23, 2008 Mr. Gavitt stated he would like to speak with someone at the Baptist Retreat on Hunting Ridge Road about a possible easement, but he's been unable to contact anyone. • Ms. Kearns stated that Winnie McKay Smith is doing a program at Blandy Farm and emailed the CEA members to attend; Ms. Kearns thinks it's a great idea for the CEA to participate. Mr. Gavitt recognized Ms. Kearns for all the work she does between meetings. He also thanked Ms. Powers for her contributions, as Ms. Powers will be leaving the Planning Department in mid - November. Ms. Kearns stated that the next regularly scheduled CEA meeting falls on Thanksgiving. It was decided that it will be held the following Thursday on December 4` at 8:00 am. The December 4th meeting will be considered the November and December meeting. The meeting was adjourned. Respectfully Submitted, Diane Kearns, Chairman 7 Amber owers, Secretary Frederick County Conservation Easement Authority _89- Minutes of October 23, 2008