FINAL MINUTES VIRGINIA OUTDOORS FOUNDATION (VOF) BOARD OF TRUSTEES MEETING SOUTHWEST VIRGINIA HIGHER EDUCATION CENTER ROOM 240 ABINGDON, VA APRIL 18, 2012 9:30 AM Board of Trustees Present: Mr. Charles Seilheimer, Chairman Mr. Jeff Walker Mr. Harry Atherton Ms. Suzanne Lacy Mr. Ben Chafin Absent: Mr. Mark Allen Staff Attendees (in Abingdon): Mr. Bob Lee, Executive Director Ms. Leslie Grayson, Deputy Director, Policy and Owned Lands Ms. Tamara Vance, Deputy Director, Easements Ms. Martha Little, Deputy Director, Stewardship Mr. Kerry Hutcherson, Staff Attorney Mr. Harry Hibbits, Assistant Director, Stewardship Mr. Jason McGarvey, Manager Communications and Outreach Ms. Bobbie Cabibbo, Executive Assistant Ms. Anna Chisholm, Finance Manager Ms. Kristin Ford, Assistant Director, Easements Ms. Sherry Buttrick, Assistant Director, Easements Ms. Ruth Babylon, Easement Manager Mr. Josh Gibson, Easement Manager Ms. Karen Fisher, Administrative Assistant Mr. Neal Kilgore, Easement Manager Mrs. Bill Wasserman, Stewardship Specialist Staff Attendees (via video conference, Fredericksburg, VA): Ms. Amanda Scheps, Owned Lands Manager Ms. Estie Thomas, Easement Manager Mr. Philip Reed, Easement Manager Other Attendees (in Abingdon): Mr. Pete Glubiak, Attorney Ms. Nancy Ambler, Wood Thrush Conservation Mr. John McLean, landowner/easement donor, Smyth County Ms. Nan Wellborn, Conservation Partners, LLC Mr. Frank Kilgore, Attorney (Former VOF Chairman) Ms. Brett Glymph, Office of the Attorney General Mr. Wesley Kent, landowner, Winding River Farm Mr. Bill Sanford, landowner/easement donor Mr. Lance Arey, Cargill, Turkey Agri Planner Other Attendees (via video conference in Richmond) Mr. Larry Durbin, Department of Taxation Ms. Dianna Russell, Department of Taxation Mr. Trey Davis, Farm Bureau Mr. Brandon Spalding, Hirschler Fleischer Mr. Rob Suydam, Department of Forestry Pat Franklin, Office of the Attorney General Ms. Susan Bulbulkaya, Department of Conservation and Recreation (DCR) Ms. Sarah Richardson, DCR Mr. Larry Smith, DCR Mr. Irvine Wilson, DCR Mr. Tom Inge, Ward Burton Wildlife Foundation Other Attendees (via video conference, Denver CO) Ms. Jessica Jay, Attorney, Conservation Law, P.C. Other Attendees (via video conference, Fredricksburg, VA) Amber Forestier, Planner, Stafford County Keith Dayton, Asst County Administrator, Stafford County Jason Moore, President, Hartwood Volunteer Fire Department Shawn Smith, Pastor, Hartwood Presbyterian Church Curtis Dickenson, Hartwood Presbyterian Church Page 1 of 5
FINAL MINUTES Meeting called to order at 9:45 am by the Chairman, Mr. Charles Seilheimer. Public Comments No public comments were offered. Approval of the Order of Business It was noted that the Brooks and Page easements have been removed from this Agenda. Approval of Minutes Motion made by Mr. Atherton to amend February 1, 2012 Board of Trustees Meeting minutes to add Andrea Reese, Stewardship Specialist, to Staff Attendees; motion seconded by Mr. Walker and passed unanimously. Budget FY13 Mr. Atherton moved to approve the Resolution adopting VOF FY13 Budget; motion seconded by Ms. Lacy and passed unanimously. (Attachment A) Fees Mr. Walker moved to adopt the updated Fee Schedule presented in the package with one addition: the fee covers any type of BLA, not just the ones noted; motion seconded by Ms. Lacy and passed unanimously. (Attachment B) Land Conservation Projects PTF Easement - Charles C. Clark, Jr. & Louise R. Clark Smyth County -~1,320 acres Amend easement to change no build zone to restricted build zones and one additional dwelling up to 1,00 sq. ft. is permitted in restricted build zones (northern portion). The total number of dwellings remains at 10. Motion made by Mr. Chafin to allocate $2,500 in PTF monies and approve easement as amended; motion seconded by Ms. Lacy and passed unanimously. Easement - Joseph Thompson Claytor Jr. Tazewell County - ~367.5 acres NOTES: Name incorrect on Agenda and property has been in family for 14 yrs. vs. 25 as stated in places on the Easement Summary Sheet. Amend easement to change the language in the deed from no build zone to restricted build zone. Motion made by Mr. Atherton to allocate $1,500 in PTF monies and to approve easement as amended; motion seconded by Mr. Walker and passed unanimously. Easement - Donald Main Heldreth & Matthew Kirk Heldreth - Wythe & Smyth Counties - ~266 acres Amend easement to state that where livestock are currently excluded from the water there will be a requirement to continue exclusion and where livestock are currently allowed (at the time of approval), livestock will continue to be allowed access to the water. As such Buffer B on Special Conditions Map on page 35 will change. Motion made by Mr. Walker to award $7,500 in PTF monies and to approve easement as amended; motion seconded by Mr. Chafin and passed unanimously. (Updated map showing livestock exclusions as they will be Attachment C) Easement - Gregory Wayne Waddle Smyth County - 119.63 acres Motion made by Mr. Walker to approve easement as presented and award $5,000 of PTF monies; motion seconded by Mr. Chafin and passed unanimously. Easement - Elmer Wayne Waddle & Donna Wyatt Waddle Smyth County - ~156 acres Amend easement to change the language in the deed from no build zone to restricted build zone. Motion made by Mr. Chafin to Page 2 of 5
FINAL MINUTES award $4,500 of PTF monies and approve easement as amended; motion seconded by Ms. Lacy and passed unanimously. Easement - E. Wayne Waddle & Donna Wyatt Waddle Smyth County - ~137 acres Amend easement to change language in the deed from no build zone to restricted build zone. Motion made by Ms. Lacy to award $4,500 of PTF monies and approve easement as amended; motion seconded by Mr. Atherton and passed unanimously. Easement - Noel Conner Floyd County - 97.5737 acres Motion made by Mr. Walker to award $4,000 in PTF monies and to approve easement as presented; motion seconded by Mr. Atherton and passed unanimously. Preservation Trust Fund Committee recommended the following changes for PTF process: 1. Because of the timing of release of Preservation Trust Fund monies, no PTF projects will be considered on the July 2012 Agenda and perhaps not at the meeting in October 2012. 2. Allocation of FY13 Preservation Trust Fund money will begin at the first Board of Trustees meeting in CY2013. 3. Each meeting will have an equal amount of PTF monies available for allocation. 4. Easement Managers to set the expectation of funds approved not to exceed $4000. This will allow VOF to do more PTF projects. 5. The Conservation Project Attributes paperwork is no longer required. 6. Income categories will be updated. 7. Amendments for an existing easement are not eligible for PTF monies. BAYVILLE FARMS AMENDMENT Amend the Resolution to clearly define the role of the Virginia Department of Historic Resources concerning the archeological sites. Motion made by Mr. Atherton to approve the Resolution as amended; motion seconded by Mr. Walker and passed unanimously. (Attachment D) Land Conservation Projects I Easement - Kurshan, Gertrude J. & Richard M. Bedford County -262+/- acres Motion made by Ms. Lacy to approve easement as presented; motion seconded by Mr. Atherton and passed unanimously. Amendment - David & Mary Wiley, Laurel Ridge Farm Floyd County - 328.687 acres New 12.847 acres Motion made by Ms. Lacy to approve easement amendment as presented; motion seconded by Mr. Walker and passed unanimously. Assignment-The Waterford Foundation, Inc./ Schooley Mill -Loudoun County - 20.026 acres Motion made by Mr. Walker to approve the Resolution; motion seconded by Ms. Lacy and passed unanimously. Easement - Birdsall, John H III Trust & Mary Scott Blake Birdsall Trust Albemarle County - 20.524 acres Motion made by Ms. Lacy to approve easement as presented; motion seconded by Mr. Atherton and passed unanimously. Easement - Minnie M. McGehee Fluvanna County - 79.697 acres Amend easement 500 setback to 450 from Route 610 and add stream to the buffer requirements. Motion made by Mr. Atherton to approve easement as amended, motion seconded by Ms. Lacy and passed unanimously. Page 3 of 5
FINAL MINUTES Easement - Terrell, Ruth B. Louisa County - 100.0669 acres Motion made by Mr. Walker to approve easement as presented; motion seconded by Ms. Lacy and passed unanimously. Easement - Terrell, Ruth B. Spotsylvania County - 72.9244 acres Motion made by Mr. Walker to approve easement as presented; motion seconded by Ms. Lacy and passed unanimously. Video conference began at 11:20 am between Jessica Jay, in Colorado and Abingdon. Presentation also broadcast at Hirschler Fleischer, 2100 East Cary Street, Richmond, VA Ms. Jay presented : CONSERVATION EASEMENT AND MINERAL DEVELOPMENT: NOT MUTUALLY EXCLUSIVE? Outline and video recording stored with permanent record. LAND CONSERVATION PROJECTS II Easement - Felts, David & Tammie Amelia County - 64.132 acres Amend easement to allow two barns in the restricted build zone. Motion made by Ms. Lacy to approve easement as amended; motion seconded by Mr. Atherton and passed unanimously. Easement - Hening, Georgia E. Powhatan County - 362.5 acres Amend easement to add Public Infrastructure Expansion (PIE) language 50 from the center line along Route 522. Motion made by Mr. Walker to approve easement as amended; motion seconded by Mr. Atherton and passed unanimously. Easement - Page, Robert Nelson, Jr. Hanover County 30 acres Amend easement to: (a)delete paragraph in the deed entitled GRANTEE s APPROVAL (b) remove road setback language (c) In the deed add the words without grantor s approval to the end of Assignment by Grantee paragraph. Motion made by Mr. Walker to approve easement as amended; motion seconded by Ms. Lacy and passed unanimously. Easement - Brooks, Robert A. & Cindy M. Essex County - 107.437 acres Removed from Agenda Motion made by Ms. Lacy to defer until the July 2012 VOF Board of Trustees meeting all Essex County easements presented on this Agenda where landowners have already signed Oil and Gas Leases; motion seconded by Mr. Atherton and passed unanimously. Easement Reconsideration Collawn, Eddie Lee & Faye Essex County -193.068 acres DEFERRED Easement - Collawn, Marvin L. Essex County - 50.062 acres DEFERRED Easement - Collawn, Marvin L. Kendalls Farm Essex County - 116.372 acres DEFERRED Easement Reconsideration - Dickinson, Fielding Lewis III Essex County - 230.39 acres No action was taken on this easement. Approval from previous meeting stands. Easement - Rennolds Jr., Burkett A. & Peggy V.; Macdowell I. & Elizabeth R. Grays Farm_- Essex County 662.61 acres Amend easement to remove gas and oil language. Motion made by Ms. Lacy to approve easement as amended; motion seconded by Mr. Atherton and passed unanimously. Easement Reconsideration - Thomas, Sanford and Raymond S. - Essex County - 140.27 acres DEFERRED Easement Reconsideration - Thomas, Sanford et ux; Thomas, Donald et ux; Thomas Raymond et. al. Essex County - 388.838 acres DEFERRED Page 4 of 5
FINAL MINUTES Easement Reconsideration - Thomas, Sanford E. et al Essex County - 114.594 acres DEFERRED HARTWOOD VOLUNTEER FIRE DEPARTMENT (HVFD)/STAFFORD COUNTY CONVERSION/DIVERSION REQUEST Amber Forestier, Planner, Stafford County, led a presentation outlining the request for Conversion/Diversion (presentation part of permanent record) via video conference. Motion made by Mr. Atherton to approve the Resolution granting the request for the Conversion/Diversion; motion seconded by Ms. Lacy and passed unanimously. (Attachment E) Request for Review-Winding River Farms, LLC - Augusta-N/A-Harry Hibbits-77 acres Motion made by Mr. Atherton approving the large farm building request on Easement AUG-VOF-1715 with the condition that an amendment be made to AUG-VOF-3310 removing the existing preapproval of a poultry house; motion seconded by Ms. Lacy and passed unanimously. NOTE: This does not preclude the landowner from coming back for a third poultry house. Easement - Wesley W. Naff III Franklin County - 1,034.179 acres Motion made by Mr. Atherton to approve easement as presented; motion seconded by Ms. Lacy and passed unanimously. Easement - Robert Douglas & Christine E. Davies Ross Roanoke County - 175.13 acres Motion made by Mr. Atherton to approve easement as presented; motion seconded by Ms. Lacy and passed unanimously. Easement -Western Virginia Land & Timber Corp. (Frith) - Floyd County -167.776 acres NOTE: This easement has now been approved by the Floyd County Planning Supervisors. Motion made by Mr. Chafin to approve easement as presented; motion seconded by Mr. Walker and passed unanimously. Easement - Kilkenny Farm, LLC Fauquier County 880 acres Amend easement to allow an aggregate of 60,000 square feet versus 50,000 sq. ft. for dwellings and larger houses from 6,500 sq. ft. to 7,500 sq. ft without VOF review. Motion made by Mr. Atherton to approve easement as amended; motion seconded by Mr. Walker and passed unanimously. Easement - Nash, Gene B. Fauquier County - 76.3826 acres Motion made by Mr. Atherton to approve easement as presented; motion seconded by Ms. Lacy and passed unanimously. Easement Reconsideration - White, Elijah B., III Loudoun County 106 acres WITHDRAWN Easement - Jeanne Stosser, Valley View Farms, LLC & Triple Ridges Family, LLC - Wythe County - 313.794 acres Amend easement to change the language in the deed from no build zone to restricted build zone. Motion made by Mr. Walker to approve easement as amended; motion seconded by Mr. Chafin and passed unanimously. Motion made by Mr. Chafin to go into Closed Session for discussion of Real Estate transactions and pending legal matters as provided for in the Code of Virginia 2.2-371; motion seconded by Ms. Lacy and passed unanimously. Upon return from Closed Session, Executive Director, Mr. Lee certified by roll call that the Board of Trustees discussed only matters that convened the closed session and nothing else. Mr. Atherton responded yes, Ms. Lacy responded yes, Mr. Seilheimer responded yes; Mr. Jeff Walker responded yes, Mr. Chafin responded yes. Meeting adjourned at 3:40 pm. Page 5 of 5
Virginia Outdoors Foundation 2012 Fee Schedule Virginia Outdoors Foundation provides a vast array of services to landowners free of charge. The foundation staff assists landowners with the process of donating easements, prepares baseline reports, interprets existing easements, reviews and approves plans for activities on easement properties and responds to all questions and inquiries from easement landowners and prospective owners. The foundation prides itself on being able to offer landowners our time, expertise, and professional staff free of charge. Monetary donations to the Foundation are fully deductible as charitable contributions and we gratefully accept any donations offered by our landowners and supporters. Contributions from those that can make them will further land conservation work in Virginia and help ensure that we can continue to provide the majority of our services to landowners free of charge. The following are situations for which a fee is charged in order to recover a portion of the costs incurred by the Foundation in providing the service. Boundary Line Adjustments: $1,000 flat fee with application plus staff hours billed at hourly rate for each hour after the initial 30 hrs. This fee applies to boundary adjustments between two VOF easements as well as a boundary adjustment between a VOF easement and an adjacent property subject to an easement held by another governmental entity. The fee covers the review of documents and plats, as well as the transaction deed. Ecosystem Service Request for Review: $1,000 flat fee with application plus staff hours billed at hourly rate for each hour after the initial 30 hrs. This fee applies to requests for review and evaluation of ecosystem function projects for commercial purposes on easement properties including, but not limited to, stream bank restoration, wetland and stream mitigation, biological carbon sequestration, and biodiversity mitigation. Reconsideration of Proposal by the Board after One Year lapse: $1,000 flat fee. This fee applies when an easement project is approved by the Board of Trustees and not recorded within one year of approval. An approved but unrecorded project must be resubmitted to the Board for reconsideration and is subject to a $1,000 fee. In the event that there are no changes in terms and conditions, this time period may be extended by the VOF Executive Director, and he may waive the fee for good cause shown. A proposed change in any terms of the easement that would result in a less restrictive easement than the one approved by the Board must be resubmitted to the Board for its consideration and approval may not be extended by the Executive Director. Other situations that are rare but subject to a cost recovery charge consisting of $1,000 flat fee at application, or request for service, and hourly billing at staff rate after initial 30 hours. Oil and Gas drilling plan review Request for conversion or diversion of Open Space (Virginia Code Section 10.1-1704) by nongovernmental entity Present Condition Report or Compliance Report in conjunction with Property sale
EXHIBIT A Withheld Parcel (~36 acres) State Route 615 State Route 615 Restricted Build Zone Buffer A Livestock have stream access in the blue area- approximately 350 feet. Buffer B State Route 670 Legend Secondary Roads NoPlowBuffer_Buffer VOF Proposals 2012 Restricted Build Zone LNK 4/3/2012 Buffer Strips - 35 feet ± Special Conditions Map (Aerial) Feet Heldreth Property 0 750 266-282 Acres (more or less) 1:9,000 Site Visit Date: 1/30/12 This Map is for General Reference and Display Purposes Only Aerial Imagery copyright 2007 Commonwealth of Virginia; USGS Quadrangles: Rural Retreat and Cedar Springs