Please review the Draft PTF Grant Manual with the above background information in mind. AGC

Transcription

1 Board of Trustees Anna G. Chisholm, PTF Program Administrator Proposed Updates to the PTF Grant Manual The PTF Grant Manual was last updated in 2006 and many details of the easement process have changed since that time. Many changes over the last few years have been aimed at improving efficiency in all aspects of the process. To that end, please review a summary of proposed changes to the PTF award process. Significant changes to the Cost-Only award process Background: For the last few years, VOF has added several layers of review throughout the easement development process to ensure that staff time is directed to viable proposals with high-quality conservation values. After the initial investigative discussions with a potential donor where only time is required, the donor who moves on the next steps in the process must be ready to expend money on a lawyer and a title report at a minimum. By the time a proposal reaches the Board of Trustees, both VOF staff and the donor have expended significant time and money in the process. For PTF candidates, these costs are expended before the cost-only assistance is approved. With rising costs and budget constraints on both sides, this isn't productive for either party. Recent updates in the PTF program to codify the income categories and award amounts which will continue to be reviewed and set by the Trustees each year allow us to consider delegating cost-only award decisions to the staff level. All award decisions would be made at the Director level once applications are reviewed and vetted by the PTF Program Administrator. Award decisions would be made prior to Stage II review where more significant expenses are encountered. There are no significant changes proposed for the Partial Purchase award process. Those proposals would continue to be reviewed and approved by the Trustees. Please review the Draft PTF Grant Manual with the above background information in mind. AGC VOF BOT 3/30/17 PTF MANUAL 1 of 9

2 OPEN SPACE LANDS PRESERVATION TRUST FUND Grant Manual DRAFT VOF BOT 3/30/17 PTF MANUAL 2 of 9

3 Document Change Management Version Date Version or Purpose of Change Status Approval 3/15/2017 Major Update DRAFT 06/21/2006 Original issue. Issued: Board of Trustees Table of Contents 1.0 Authority General Purpose of Grant Program Grant Program Overview Application Categories Program Eligibility Grant Completion Application Submission and Review Cost-Only Partial Purchase Application Criteria Payment Completion Cost-Only Partial Purchase... 5 Appendix: Legislation... 6 VOF BOT 3/30/17 PTF MANUAL 3 of 9 B PTF Grant Manual page 2 of 7

4 1.0 Authority Chapter 338 of the 1997 Virginia Acts of Assembly established the Open-Space Lands Preservation Trust Fund. This Act and subsequent amendments are codified at VA. Code The statute stipulates that the Virginia Outdoors Foundation (VOF) shall establish, administer, manage, including the creation of reserves, and make expenditures and allocations from a special nonreverting fund in the state treasury to be known as the Open- Space Lands Preservation Trust Fund. 2.0 General Purpose of Grant Program The Open-Space Lands Preservation Trust Fund (the Fund) will be providing, in accordance with the statute, grants to assist with the costs of conveying an open-space easement to the Virginia Outdoors Foundation. The costs may include fees charges by attorneys, appraisers and fees charged by VOF. A limited amount of funds may also be available to purchase all or part of the value of an open-space easement conveyed to the Virginia Outdoors Foundation. These funds are available to individual or other entities including localities of the Commonwealth of Virginia. 3.0 Grant Program Overview In administering the Fund, VOF prioritizes grants to landowners who demonstrate financial need. Other priorities include the protection of family-owned or family-operated farms, and properties with open-space values that include forest land, wildlife habitat, natural, scenic, historic, scientific, open-space or public recreational values. The VOF Board of Trustees approves the income categories, cost-only award amounts and cost-share percentages each year. 4.0 Application Categories 4.1 Cost Only Grants 4.2 Partial Purchase Grants B PTF Grant Manual page 3 of 7 VOF BOT 3/30/17 PTF MANUAL 4 of 9

5 5.0 Program Eligibility 5.1 Applications may be submitted by property owners (individuals and/or entities), localities, and registered (tax-exempt) nonprofit organizations. 5.2 Projects must be perpetual open-space easements conveyed to the Virginia Outdoors Foundation. Easement proposals will be evaluated for the conservation values based on the VOF Easement Project Guidelines. Partial Purchase projects may need to higher conservation value guidelines or specific priority values. 5.3 All owner-applicants will provide evidence of financial need qualification by submitting federal tax forms for the most recent two years for which taxes have been filed. 6.0 Grant Completion Cost Only awards must be completed within one year from Board of Trustees approval of the related easement proposal. Partial Purchase awards must be completed within two years from Board of Trustees approval of the related easement proposal. An administrative extension may be granted, provided there is adequate justification. 7.0 Application Submission and Review 7.1 Cost-Only Applications will be submitted to the PTF Program Administrator in preparation for the Stage II review. The applications will be reviewed and vetted by the Administrator according to the income categories and award guidelines most recently approved by the Board of Trustees. The Deputy Director of Easements and the Deputy Director of Policy will review applications and award recommendations from the Administrator. Awards will be made based on income eligibility after easement proposal review at the Stage II review. 7.1.a Surveys If a survey is needed to improve a deficient legal description or boundary problem, the Easement Project Manager will develop a request and the Program Administrator may add the amount to the application and approve up to $10,000 if the budget permits. 7.1.b Delegated Approval No Cost-Only award including VOF fees, landowner estimated costs, and survey if required will exceed $20,000. A budget report and summary of awards will be provided at every Trustee meeting. B PTF Grant Manual page 4 of 7 VOF BOT 3/30/17 PTF MANUAL 5 of 9

6 7.2 Partial Purchase Applications will also be submitted to the PTF Program Administrator in the preparation for the Stage II Review. The applications will be reviewed and vetted by the Administrator with summary information and recommendations provided to the Board of Trustees for review and approval. 7.3 Application Criteria Landowners must provide the first two pages of their most recent federal tax filings. o All owners of the property must provide income information; entity owners must provide income information and partners and/or members of the entity must provide income information. o Income information will not be averaged but judged as a whole and individually. Landowners may provide additional information to explain fluctuations in income which may be considered in evaluating eligibility. For Cost-Only applicants: o Landowners may request amounts higher than approved award recommendations with written justification from vendors. o Cost-Share Maximums: In the first two income categories, the awards will cover 100% of the VOF fees, plus: up to 100% of the donor s eligible costs for the first income category; up to 75% of the donor s eligible costs for the second income category; In the third income category, the awards will cover the VOF processing fee plus 50% of the applicable BDR fee. 8.0 Payment Completion 8.1 Cost-Only After the easement is recorded, the donor will submit invoices for eligible expenses and payment will be made after review. The PTF Program Administrator has the authority to approve up to $1,000 in additional funds from PTF based on eligible expenses within the cost-share percentage if the budget permits. 8.2 Partial Purchase If a Partial Purchase award is approved which includes funds for VOF s transactional costs such as an appraisal a survey, title search and commitment, closing costs, the PTF Program Administrator has the authority to spend those funds during the purchase process without further approval. All purchases must be made in accordance with the Procurement Policy. Payment to the landowner of costs or partial purchase of the easement will occur after recordation. B PTF Grant Manual page 5 of 7 VOF BOT 3/30/17 PTF MANUAL 6 of 9

7 Appendix: Legislation A. The Foundation shall establish, administer, manage, including the creation of reserves, and make expenditures and allocations from a special nonreverting fund in the state treasury to be known as the Open- Space Lands Preservation Trust Fund, hereinafter referred to as the Fund. The Foundation shall establish and administer the Fund solely for the purpose of providing grants in accordance with this section to localities acquiring open-space easements or persons conveying conservation or open-space easements on agricultural, forestal, or other open-space land pursuant to the Open-Space Land Act ( et seq.) and, if applicable, the Virginia Conservation Easement Act ( et seq.). B. The Fund shall consist of general fund moneys, gifts, endowments or grants from the United States government, its agencies and instrumentalities, and funds from any other available sources, public or private. C. Any moneys remaining in the Fund at the end of a biennium shall remain in the Fund, and shall not revert to the general fund. Interest earned on moneys received by the Fund shall remain in the Fund and be credited to it. D. The purpose of grants made from the Fund shall be to aid localities acquiring open-space easements or persons conveying conservation or open-space easements with the costs associated with the conveyance of the easements, which may include legal costs, appraisal costs or all or part of the value of the easement. In cases where a grant is used to purchase all or part of the value of an easement, moneys from the Fund may also be used by the Foundation to pay for an appraisal, provided that the appraisal is the only appraisal paid for by the Foundation in the acquisition of a particular easement. To be eligible for a grant award, the conservation or open-space easement shall provide that: 1. The easement is perpetual in duration; 2. The easement is conveyed to the Foundation and a local coholder; and 3. If the local coholder ceases to exist, the easement shall vest solely in the Foundation. If a local coholder of an easement for which a grant has been awarded under this section ceases to exist, the Foundation shall within two years convey the interest in the easement that was held by the local coholder to another qualified local coholder. If no qualified local coholder is willing to accept the easement, the Foundation shall diligently continue to seek a qualified local coholder. For the purposes of this section, "local coholder" means the governing body of the locality in which the easement is located; a holder as defined in ; a public recreational facilities authority; other local entity authorized by statute to hold open-space or preservation easements, or a soil and water conservation B PTF Grant Manual page 6 of 7 VOF BOT 3/30/17 PTF MANUAL 7 of 9

8 district, if authorized to hold an easement under the Open-Space Land Act ( et seq.). The Board of Historic Resources may be a local coholder if the easement is on land that abuts land on which a designated historic landmark, building, structure, district, object or site is located. E. The Foundation shall establish guidelines for submittal and evaluation of grant applications. In evaluating grant applications, the Foundation may give priority to applications that: 1. Request a grant to pay only legal and appraisal fees for a conservation or open-space easement that is being donated by the landowner; 2. Request a grant to pay costs associated with conveying a conservation or open-space easement on a familyowned or family-operated farm; or 3. Demonstrate the applicant's financial need for a grant. F. No open-space land for which a grant has been awarded under this section shall be converted or diverted from open-space land use unless: 1. Such conversion or diversion is in compliance with subsection A of ; and 2. The easement on the land substituted for land subject to an easement with respect to which a grant has been made under this section meets the eligibility requirements of this section. G. Up to $100,000 per year of any interest generated by the Fund may be used for the Foundation's administrative expenses. (1997, c. 338; 1999, c. 927; 2000, c. 181; 2003, cc. 78, 90.) VOF BOT 3/30/17 PTF MANUAL 8 of 9 B PTF Grant Manual page 7 of 7

9 R-17-XX RESOLUTION VIRGINIA OUTDOORS FOUNDATION (VOF) BOARD OF TRUSTEES RESOLUTION TO APPROVE THE GRANT MANUAL FOR THE OPEN SPACE LANDS PRESERVATION TRUST FUND WHEREAS, the Open-Space Lands Preservation Trust Fund (PTF) was created by the General Assembly in 1997 (Code of Virginia Section ; hereinafter enabling legislation ); and WHEREAS, the enabling legislation directs VOF to establish guidelines for submittal and evaluation of grant applications ; and WHEREAS, the Board of Trustees of the Virginia Outdoors Foundation (VOF) last approved the PTF Staff Handbook on June 21, 2006; and WHEREAS, the PTF Grant Manual has been updated; now, therefore, be it RESOLVED by the Virginia Outdoors Foundation Board of Trustees this 30th day of March 2017, That the Proposed PTF Grant Manual is hereby adopted: ADOPTED by a vote of for and against ATTEST: Brett Christina Glymph, Executive Director VOF BOT 3/30/17 PTF MANUAL 9 of 9