MINUTES VIRGINIA OUTDOORS FOUNDATION (VOF) BOARD OF TRUSTEES MEETING March 24, 2016

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1 MINUTES VIRGINIA OUTDOORS FOUNDATION (VOF) BOARD OF TRUSTEES MEETING March 24, 2016 Attendees: Board of Trustees Ms. Stephanie Ridder, Chair Mr. Childs Burden Ms. Elizabeth Obenshain Mr. John Richardson Mr. Thomas Slater Mr. Brent Thompson Mr. Peter Bance Other Attendees Heather Richards Lindsey Hesch, NextEra Energy Resources Grace Terry, easement owner Todd Hochrein, VA Tax Conservation Exchange Nancy Ambler, Wood Thrush Land Conservation Robert P.Hare, Dominion Resources Services Inc. Robert M. Bish, Dominion Resources Services, Inc. Denis Neas, Virginians for Responsible Energy & easement owner Charles Burke, easement owner Ann Bryan, concerned citizen Pete Glubiak, Attorney Jeff Scott, Virginians for Responsible Energy Rex Linville, Piedmont Environmental Council Ron Circe, Banshee Reeks, Manager Joe Murray, interested citizen Lester Bright, property owner Cynthia Bright, property owner Laurie Sigler, Loudoun County Government Terrie Laycock, Loudoun County Government Ron Circe, Loudoun County Government Ernest Brown, Loudoun County Government Farid Bigdeli, VA Department of Transportation Jeremy Payne, Loudoun County Government Advisors Fred Fisher, Office of the Attorney General Rich Mahevich, Office of the Attorney General VOF Staff Brett Glymph, Executive Director Sherry Buttrick, Assistant Director, Easements Bobbie Cabibbo, Executive Assistant Anna Chisholm, Director of Administration Brian Fuller, Assistant Director, Stewardship Leslie Grayson, Deputy Director, Policy & Acquisitions Harry Hibbitts, Assistant Director, Stewardship Kristin Jones, Assistant Director, Easements Neil Kilgore, Easement Manager Martha Little, Deputy Director, Stewardship Jason McGarvey, Communications & Outreach Manager Mike Hallock-Salomon, GIS/IT Specialist Bruce Stewart, Staff Attorney Laura Thurman, Easement Manager Estie Thomas, Easement Manager Tamara Vance, Deputy Director, Easements The chair and Executive Director recognized the contribution of Fred Fisher, Counsel, OAG counsel to VOF upon retirement. Approval of Minutes from the September 24 th 2015 Board of Trustees Meeting Motion made by Mr. Slater Tom to approve the minutes; motion seconded by Ms. Obenshain and passed unanimously. 1 of 5

2 Public Comments: Charles Burke is a landowner with property under easement and he described his land, which has many karst features, and expressed his concerns in having 42 underground pipeline with that karst present. Jeff Scott expressed concern about the Rocky Forge Wind project. A copy of his comments are on file with the permanent record. Denies Neas shared her concern about the Rocky Forge Wind project and that she would discourage anyone from considering a conservation easement. Ann Bryan encouraged the Trustees to go to Bath County and walk Mr. Burke s property to understand fully the impact an underground pipeline will have on his karst features. Grace Terry is a landowner with property under easement. Her full comments are on file with the permanent record, along with maps shown. Pete Glubiak, attorney, encouraged Trustees to examine the results of the Woolford case where the Virginia court found that the appraisal was not done by a qualified appraiser and the impact it may have on the easement program. Ms. Ridder explained that she had written a letter to the Secretary of Natural Resources expressing concern about the case. At the conclusion of Public Comments, Mr. Fisher offered to meet with the those who expressed during Public Comments, concern about VOF s lack of protection; to explain the limitations of what VOF can do and to clarify that we protect only the property under the easement. In addition, he explained better the role of the State Corporation Commission (SCC). PTF Easement-Matthew K. Heldreth-Wythe & Smyth-291 +/- acres Motion made by Ms. Obenshain to approve easement as presented; motion seconded by Mr. Slater and passed unanimously. Meeting adjourned for 30 minutes for lunch. Mr. Fisher reported that at the ad hoc meeting he explained that what VOF does is protect land. VOF s authority comes from the land we own protect not the environment. VOF is not as empowered as citizens of the Commonwealth because VOF is a creature of the General Assembly. His recommendation to those concerned was to during the SCC process require the power companies to address their concerns. In addition, they have the process at the Federal Energy Regulatory Commission (FERC) that also has comment periods. Chair s Report Ms. Glymph noted that she and the chair will begin monthly digests to the trustees; the staff will present a draft succession plan to the Finance Audit and Compliance Committee; all committees have assigned chairs and now a have staff. Energy & Infrastructure Committee Mr. Slater noted that in the morning s committee meeting they had been brought up date in detail. Finance, Audit & Compliance Committee Mr. Burden reported that the new fee schedule is beginning effect and we can expect that next year we ll see an increase in that effect. 2 of 5

3 Open-Space Lands Preservation Trust Fund (PTF) Committee Recommendations for Grant Allocations The committee reviewed request for grants. A motion was made by Ms. Ridder to approve $24,000 in PTF grants for the proposed easements on Non-Consent Agenda (see Attachment A ); motion seconded by Mr. Burden and passed unanimously. Motion made by Ms. Ridder to approve $132,500 of PTF grants for the proposed easements on the Consent Agenda (see Attachment A ); motion seconded by Ms. Obenshain and passed unanimously. Executive Director s Report Brett explained that the work with the legislature this session, and that she will be creating a legislative agenda to concentrate efforts. She will convene a group of stakeholders for that purpose, later in the year. Deputy Director s Reports Amendment Policy Motion made by Mr. Slater to approve policy as presented; motion seconded by Ms. Obenshain and passed unanimously. (Attachment C) Easement Guidelines Motion made by Mr. Slater to approve the new guidelines as presented; motion seconded by Mr. Bance and passed unanimously. Stewardship Report Ms. Little explained that the number of properties stewarded in 2015 were high because due to remote monitoring. In 2016, we will be concentrating on field visits vs. remote monitoring as it helps with landowner relations and helps VOF keep up with infractions. Owned Lands Leslie Grayson reported that we are recipients of a Coastal Wetlands grant for $1M from US Fish and Wildlife Service. We are also the recipient a $1M NACA to be used in the Rappahannock River area to leverage a very important wetland property near Fort AP Hill. 50th Anniversary Report Jason McGarvey gave overview of party schedule. Mr. Burden emphatically requested that staff ensures that at every anniversary party there is a fundraising component. Mr. Slater mentioned that the movie that is being made will be an excellent tool in raising funds with businesses Reconsideration Banshee Reeks Motion made by Mr. Slater to approve resolution; Mr. Childs seconded the motion and it passed unanimously. NON CONSENT PTF LAND CONSERVATION PROJECTS PTF Easement-Bright, Lester-Bath acres Motion made by Mr. Thompson to approve proposed easement as presented; motion seconded by Mr. Bance and passed unanimously. CONSENT PTF Land Conservation Projects Motion made by Ms. Obenshain to approve the proposed easements on the Consent Agenda listed below, as presented with award of PTF monies as listed on the chart in the meeting materials with additions and changes as motioned above; motion seconded by Mr. Burden and passed unanimously. PTF Easement - Michael A. Dowell & Daniel L. Dowell/ Millington Tract - Louisa County acres PTF Easement - Michael A. Dowell /Tom Hunter Tract - Louisa County acres PTF Easement - Jen M. Fuller - Augusta County acres 3 of 5

4 PTF Easement - Thelma L. Lawyer & James D. Lawyer, (son) - Frederick County acres PTF Easement - Morehead Brothers, LLC & Rex Morehead - Bland County acres PTF Easement - Daniel Morehead & Dayton Morehead - Bland County / - acres PTF Easement - Rex Morehead Bland County acres PTF Easement - Robert Moyler Pond & Brenda Brevard - Surry acres PTF Easement - Gerhard & Rosemary Schoenthal - Bland County acres PTF Easement - Thomas F. Sheets - Bedford County acres NON CONSENT LAND CONSERVATION PROJECTS Easement-Herbert Ridgeway Collins-Caroline County acres Motion made by Ms. Ridder to approve easement as presented; motion seconded by Ms. Obenshain and passed unanimously. Easement-Thomas Reeves & Linda Phillips/Back Acres Farm-Henrico County acres Motion made by Mr. Burden to approve easement as presented; motion seconded by Mr. Slater and passed unanimously. Easement-Howell LTD Taylor-Orange County acres Motion made by Mr. Slater to approve easement as presented; motion seconded by Ms. Ridder and passed unanimously. CONSENT LAND CONSERVATION PROJECTS - Motion made by Mr. Slater to approve the Consent Agenda proposed easements listed below, as presented; motion seconded by Mr. Burden and passed unanimously. Easement - Bruce R. Dorries & Olimpia V. Dorries Augusta County acres Easement - Mike Hillier - Alleghany & Bath County acres Easement - Greg C. Raetz & Elizabeth P. Raetz - Bath County acres Easement - Charles & Ashleigh Lineberry - Bedford County acres Easement - Roseland Farm, LLC - Albemarle County - 50 acres Easement - Brooks Farm, LLC/Courtney - Essex County acres Easement - Brooks Farm, LLC/ North Bend - Essex County acres Easement - Brooks Farm, LLC/ Spring Hill - Essex County acres Easement - Brooks Farm, LLC/AJ s - Essex County acres Easement - Barbara B. Powell - King George County acres Wetlands America Trust Rich Mahevich, Office of the Attorney General, reported that the critical issue is the standard to be applied in interpreting easements when there is ambiguity and the Circuit Court used common law, which is narrow in interpretation. The Virginia Supreme Court upheld the Circuit Court s rulings. Ms. Obenshain made a motion as follows: Chair, I move that the Board go into a closed meeting pursuant to Section A.3 of the Code of Virginia for discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the Board, with respect to: The acquisition of Real property located in Rockbridge County; the disposition of property interest in accordance with Section related to the development of: Mountain Valley Pipeline Project; Atlantic Coast Pipeline Project; Dominion Power Electric Transmission lines. Further, pursuant to Section A.7 of the Code of Virginia for consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiation or litigating posture of the public body, and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel, specifically regarding: 4 of 5

5 Piedmont Agricultural Academy v. Piedmont Environmental Council; Rockbridge Area Conservation Council v. Virginia Outdoors Foundation This closed meeting will be attended only by members of the Board. However, pursuant to Section (F), the Board requests counsel, the Executive Director, the Deputy Director of Owned Lands, Policy and Acquisition, the Deputy Director of Stewardship, the Assistant Director of Stewardship and the Director of Administration as it believes their presence will reasonably aid the Board in its consideration of topics that are the subject of the meeting. Motion seconded by Ms. Ridder and passed unanimously. Upon return from Closed Session Ms. Obenshain certified: WHEREAS, the Board of Virginia Outdoors Foundation conducted a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, Section D of the Code requires a certification by this Board that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of Virginia Outdoors Foundation hereby certifies that, to the best of each member s knowledge, only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board. All Trustees responded aye. The meeting was adjourned. 5 of 5

6 Review Date: Open Space Lands Preservation Trust Fund Committee Review Sheet Consent Agenda Cost-Only Requests 3/24/2016 VLCF Funds Available: $745,000 Funds less recommendations: $599,500 Landowner Survey- Staff Staff Landowner Locality Acres Staff Request Recommendation Recommendation Brooks Farm, LLC Essex 202 ET 10,000 10,000 Brooks Farm, LLC Essex ET 15,000 15,000 Dowell- Tom Hunter tract Louisa 102 SB 10,000 10,000 Dowell-Millington Louisa SB 10,000 10,000 Fuller Augusta 93 LT 9,000 9,000 Lawyer Frederick 106 LT 12,500 12,500 Morehead Brothers, LLC Bland 573 RB 10,000 10,000 Morehead, Daniel & Dayton Bland RB 10,000 10,000 Morehead, Rex Bland RB 10,000 10,000 Pond Surry ET 10,000 10,000 Schoenthal Bland RB 10,000 10,000 Sheets Bedford RB 1,500 5,000 Subtotal: 93, ,500 Non-Consent Agenda Cost-Only Requests Landowner Survey- Staff Staff Landowner Locality Acres Staff Request Recommendation Recommendation Bright Bath LT 11,500 11,500 Heldreth Wythe/Smyth 300 NK 12, ,500 Subtotal: 23,500 24,000 Total: 116, ,500

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