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CEA_07-23-09_Meeting_Minutes0 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 July 23, 2009 at 8:00 a.m. PRESENT: Diane Kearns, Chairman; Ritchie Wilkins, Vice- Chaimian; Robert Solenberger; Gene Fisher, Board of Supervisors Liaison; and Charles Triplett, Planning Commission Liaison. ABSENT: John Gavitt; John Marker; Todd Lodge; Jim Lawrence, Treasurer; and Cordell Watt, Planning Commission Liaison. OTHER: Jason Bly STAFF PRESENT: Michael T. Ruddy, Acting Secretary; and Bev Dellinger, Secretary III. PUBLIC MEETING: 1. Minutes. There was not a quorum of members in attendance; therefore, the minutes of the June 25, 2009 meeting were not acted upon. 2. PDR Program — Update. Ms. Kearns stated that Mr. Charles Triplett was named as the Planning Commission Liaison for the Conservation Easement Authority at the Board of Supervisors meeting of July 22, 2009. Mr. Triplett was introduced to the CEA. Ms. Kearns told the members that since the last CEA meeting, the Betty Snapp easement, our first easement, has closed. Ms. Kearns provided some background on this effort, primarily she described for the benefit of Mr. Triplett that there were federal monies, two to one, requiring a 50% match. The state had given Frederick County a grant, so we used the state grant as the match for the federal monies. In initial conversations with the state, that was all right as long as Frederick County provided some money and the CEA had raised $3,000. We had FRPP money, the state money and the CEA's $3,000. Right before the closing, the state determined that the interpretation of the signed contract was that the federal monies can't match the state monies. With discussions from Senator Vogel and Delegate Sherwood and others, the state allowed us to use the state money as the match to the federal money. However, the rest of the grant money has to be matched one for one with Frederick County dollars. Ms. Kearns further explained that the state is requiring that Frederick County sign an affidavit by July 31 st stating that the County has appropriated money to match the state money. If we don't, • the state will not grant Frederick County any money and it will go back to the state. Frederick County Conservation Easement Authority -121 - Minutes of July 23, 2009 Ms. Kearns continued that the Wright family wants to put an easement on their property and they have applied for FRPP money in the name of Frederick County, because the USDA suggested they do it that way. Their application was approved so they have federal and state money, as long as Frederick County can match it. The County's match, which is $65,000, is what we need to make the Wright easement happen. The request for the $65,000 was approved by the Finance Committee. However, the $65,000 request for matching funds for the Wright easement was not approved by the Board of Supervisors at their meeting of last night, July 22nd, partly in light of anticipated revenue projections. Most of the Supervisors stated they are supportive of the PDR program and had it not been for these economic times, the outcome would have been different. Mr. Ruddy stated that the Finance Committee discussed the need to identify a long term local match finding source. Funds could possibly come from rollback taxes. Mr. Fisher mentioned that the state's Stormwater Management Program may do a lot to encourage us to protect our rural lands. Mr. Fisher sees this program re- directing development from the UDA to the rural areas, an unwanted consequence that is not what the County would want to have happen. Mr. Solenberger suggested that the Wright family may want to contribute $65,000 to Frederick County and the County could then move forward with their easement. Ms. Kearns stated that we probably don't have time to do that. Mr. Ruddy stated that he would look into the options available to the County where local money from whomever, could be used. The members discussed at length possible ways of raising the matching funds. However, it was clear that the intent was to have local funding available. Ms. Kearns stated that when she and her husband were vacationing in Colorado several years ago, a restaurant where they ate gave them a pamphlet that said I% has been added to your tab which will go to preservation of open space. It was voluntary and gave you a choice of whether to participate or not. Ms. Kearns asked Mr. John Truban, a local attorney, if this would be legal in Virginia. Mr. Truban researched it and said it is legal. Ms. Kearns asked what if the CEA did this and the profits would benefit the CEA. It's not only the money the CEA may receive, but it's the education and the awareness that's beneficial. Ms. Kearns doesn't believe now is the right time to try this, but maybe next summer after all entities have agreed, this could be a worthwhile endeavor. Ms. Kearns stated that Supervisor DeHaven asked her soon after the CEA had been created if the CEA would be interested in holding historic easements. That is something that will be coming and the Committee needs to be educated on historic easements. I� U Frederick County Conservation Easement Authority - - 122- Minutes of July 23, 2009 3. Fundraising Event Discussion. Ms. Kearns said fund raising isn't as pressing now as it was last week. The Zartmans will be having an event on October 17 at the Opequon Mill. Ms. Kearns won't be very involved because at that time of the year, she's very busy, but she suggested that the CEA could maybe pre -sell apples that could make some money and also bring people to the Mill. 4. Other The next meeting is scheduled for August 27, 2009 at 8:00 am. There being no further business, the meeting adjourned at 8:45 a.m. Respectfully submitted, Diane Kearns, Chairman Michael T. Ruddy, Acting Secretary 0 11 Frederick County Conservation Easement Authority - 123 - Minutes of July 23, 2009