The meeting of the Stafford County Purchase of Development Rights Committee for Thursday, October 18, 2007, was called to order at 7:00 p.m. by Deputy County Administrator Mike Neuhard in the Activity Room of the County Administrative Center.

Members Present: Gail Clark, Tom Coen, Martin McClevey, Patricia Kurpiel, Jerry Silver, Pam Hall, Steve Apicella

Members Absent: None

Staff Present: Neuhard, Baker, Lang, Gregori, Schultis, Keyes

Welcome and Introductions

Mr. Neuhard stated he would like to welcome everyone to the first Purchase of Development Rights (PDR) Committee meeting. He stated he would be serving as an ex-officio member to the Committee. He stated the PDR members were appointed by the Board of Supervisors. He stated he would like to review the agenda, allow time for public comment, adopt the by-laws and elect officers. He stated the Committee would need to discuss the “Next Steps” and agree on the priorities of the Committee. He stated they would need to discuss appointment of the Appraisal Committee and a meeting schedule. He stated his role was to run the program from an administrative position.

Martin McClevey stated it was a privilege to be on the PDR Committee. He stated he was born and raised in Stafford County and he owned one acre of land which adjoined his father’s farm. He stated he was a bit unfamiliar with the meeting process.

Patricia Kurpiel stated she had been pushing for a PDR program for 6 years and had attended a number of seminars on various topics. She stated she was the founder of Friends of Stafford Creeks. She stated her professional background was in accounting and finance.

Pam Hall stated she had lived in Stafford for 5 years and she served on the Agricultural Commission. She stated she was a biologist.

Steven Apicella stated he had lived in Stafford for 14 years and served on the Comprehensive Plan Steering Committee, Transportation Commission, and various other boards and commissions. He stated he recently accepted a position with the Coast Guard. He stated, in his opinion, the PDR was a great program for protecting land.

Tom Coen stated he was the Garrisonville District representative and there was not much open space left in that district of the County. He stated he serve of the Agricultural Commission and Comprehensive Plan Steering Committee. He stated, in his opinion, it was important to preserve as much land as possible.

Jerry Silver stated he was a member of the Agricultural Commission and a local farmer.

Gail Clark stated she had lived in Stafford County for 35 years and her husband was a fulltime farmer in northwest Hartwood. She stated she was a school teacher. She stated it was important for productive agricultural land to get consideration.

Mike Keyes stated he was the Commissioner of Revenue’s representative. He stated he was a licensed real estate appraiser.

Mr. Neuhard stated there would be an Appraisal Committee with a designee from the Commissioner of Revenue’s Office.

Jonathan Schultis stated he was a Planner with Development Review in the Department of Planning and Zoning.

Elizabeth Lang stated she was the parliamentarian for the PDR Committee.

Ashley Gregori stated she was the Recording Secretary.

Mrs. Baker stated she was the Assistant Director of Planning and Zoning and has been employed with the County for 19 years. She stated she was a resident of the County and has worked with the Agricultural Commission since its founding in 2000.

Public Comment

Paul Milde stated on January 3, 2006, at his first Board of Supervisors meeting, he requested information on a PDR program and he was glad to see the PDR Committee in place.

Vicki Silver stated she was here with her husband, Jerry Silver.

Overview of Program

Mr. Neuhard stated the Committee was an integral part of the PDR program.

Mrs. Baker gave a PowerPoint presentation. She stated the PDR Ordinance was adopted in February 2007 and the Committee was formed in August. She stated there were public information meetings and a survey was sent to several property owners. She stated there would be research into funding sources and the County had applied to the state for matching funds. She stated 20 localities in Virginia have PDR programs.

Mr. Apicella asked how much money was available at the state level.

Mr. Neuhard stated there were 4.25 million in funds at the state level, but that may only go to certain localities.

Mrs. Baker stated Virginia Beach and James City were the localities with the most funds. She stated Stafford County would be eligible for 299,000 dollars.

Mr. Silver asked if Virginia Beach received money through a bond.

Mrs. Baker stated Virginia Beach had a dedicated funding source. She stated in 1994 was when the first PDR program was created. She stated last year the office of Farmland Security was created. She stated the PDR Committee had 7 members appointed by the Board of Supervisors. She stated the program would be evaluated on an annual basis. She stated the program administrator reviewed and ranked the properties and would forwards the results to the Committee, which then would responsed back to the program administrator, and to the Board of Supervisors.

Mr. Silver stated it seemed like a lot of going back and forth.

Mrs. Baker stated there was a 90 day review period.

Mr. Silver stated, in his opinion, if the funding was set up by the Board as part of the budget, than the Committee would not know how much money was available each year.

Mrs. Baker stated that was correct.

Responsibilities of PDR Committee

Mr. Neuhard stated he hoped the system could be streamlined. He stated financing the program was a very important issue, the County would have to meet the requirements for grants and there were opportunities with the Quantico Marine Base.

Mr. Silver asked who was responsible for the funding.

Mr. Neuhard stated the Committee recommends funding sources and the Board would discuss the recommendation.

Ms. Kurpiel asked if applications for PDR could be solicited before funding sources were available.

Mr. Neuhard stated that was not recommended, but if there was a backbone in place for funding then the Committee could possibly solicit applications as a test to see which citizens may be interested in the program.

Ms. Hall stated if the County was looking to leverage federal funds, then the Committee needed to have a potential land owner because federal funds were short term.

Mrs. Baker stated the Committee could gather names and contact information.

Mr. Neuhard stated that would be acceptable, but that the County was still trying to develop cost funding. He stated Page 3 of the Ordinance establishing the Committee, stated the purpose and goals of the program. He stated only property outside of the growth area could be considered. He stated each member of the Committee brings there own expertise to the group. He stated in order for the Committee to move business along, at least 4 members must be present to have a quorum. He stated Page 8 discussed the Appraisal Committee, which would be selected by the PDR Committee. He reminded the Committee that a piece of property had to be eligible for the program before it could be ranked. He stated Page 15 discussed the designation of the easement holder and Page 18 reviewed monitoring the activities on the land within the easement.

Adopt Draft By-Laws

Ms. Lang stated there were a few changes to the by-laws. She stated a Secretary needed to be added to the list of Officers, but need not be a member of the Committee. She stated there would have to be 2/3 vote to amend the by-laws.

Ms. Kurpiel asked what would happen if there was a scenario were there was a 2/2 vote, then no business would get done. She asked if a quorum should be 5 members.

Mr. Neuhard stated 4 members equaled a quorum, if there was tie vote, then business would be put on hold.

Mrs. Baker asked if Mr. Neuhard was a quorum member.

Mr. Neuhard stated since he could not vote, he did not think he was a quorum member.

Mr. Apicella quoted “for any matter which fails of a tie vote, shall be brought up at the next meeting.” He made a motion to accept the by-laws with that change. Mr. Coen seconded. The motion passed 7-0.

Election of Officers

Ms. Hall stated there would be a new Board of Supervisors in January and there was potential for change amongst the PDR Committee members. She stated two members of the Committee were running in local elections.

Mr. Neuhard stated officers would be re-elected in January. He stated the timing was odd, but he wanted to get the PDR program underway.

Mr. Apicella made a motion to nominate Mr. Neuhard or his designee Secretary. Mrs. Clark seconded. The motion passed 7-0.

Mrs. Clark made a motion to nominate Mr. Coen Chairman. Mr. Silver seconded. The motion passed 7-0.

Mr. Silver made a motion to nominate Mr. Apicella Vice-Chairman. Mrs. Clark seconded. The motion passed 7-0.

New Business

Identify Next Steps in Program

Mr. Neuhard stated the staff needed to make sure all the required paper work, forms, and documents were finalized. He stated the Ordinance has a date for which applications must be submitted. He stated the funding issues needed to be worked out and the Quantico Marine Corps Base options needed to be explored. He stated the program would be evaluated on an annual basis and the cycle of the Committee would be driven by the administrative process.

Mrs. Clark stated at the Stafford County Farm Bureau, the citizens wanted to know about the funding formula. She stated, in her opinion, it might need some tweaking of the point ranking.

Mr. Neuhard stated any recommendation would be the prerogative of the Committee.

Mrs. Clark asked if there could be some clarifications or delineation of the process.

Mr. Neuhard stated the County would negotiate on the land using a professional negotiator to handle each piece of land individually. He stated there could be an outreach program to stakeholders so they understand the program.

Mrs. Clark asked Mrs. Baker if she would send out the list of frequently asked questions about the program.

Mrs. Baker stated there was a list which went out with the surveys that she would send.

Mr. Neuhard stated the Committee may have recommendations on land negotiations and the buy out format. He stated 100 acres of land would be evaluated differently than 200 acres, just as the location of land may affect the value.

Mr. Coen stated a specific grant may have different ways of negotiating.

Mrs. Kurpiel stated she would like to have a meeting to discuss the whole funding issue. She stated, in her opinion, with government grants there was a concern about treating everyone equally.

Mrs. Baker stated there was a system of checks and balances and there were state standards. She stated some localities set a flat rate.

Mrs. Kurpiel asked if it was possible to have an appraiser come speak to the Committee.

Mr. Neuhard stated he would like to propose a briefing on funding sources from the state level.

Mr. Apicella stated the Committee could explore funding from the United States Department of Agriculture (U.S.D.A.), the Department of the Interior, and administrative programs. .

Mr. McClevey asked who the easement holder would be.

Mrs. Baker stated the County would be the easement holder, but that an organization such as Northern Virginia Conservation Trust could be a co-holder.

Mrs. Kurpiel stated if the County did not pay the full amount for the land; the owner could get tax credits. She asked if there could be some sort of language to discuss tax credits for citizens.

Mr. Apicella asked if there could be some general outreach to the media about the program.

Mr. Neuhard stated he would talk to the Public Information Officer.

Mrs. Kurpiel stated the Committee could coordinate with the Agricultural Commission.

Mr. Coen asked if applications would be filed in June.

Mr. Neuhard stated that was part of what needed to be discussed. He stated evaluations of property could not be completed until all of them were submitted. He stated, in his opinion, the process could begin each year in January or February.

Mr. McClevey stated the program was in a pilot phase and the County should make the initial purchases to allow the property owners to build the program with their results.

Mr. Silver asked if there was potential to lose the 299,000 dollars.

Mr. Neuhard stated there was some money designated to the program. He stated the General Fund was at the will of the Board. He stated future allocations were always at risk.

Mr. Coen stated they would explore funding and media outreach. He stated the Committee would have the budgetary information by January and there may be different Committee members by that time as well.

Mr. Neuhard stated at the end of January the Committee could have new appointees. He stated the administrative process would be defined and initial media outreach would begin. He stated staff would continue to go to the PDR manager’s meetings.

Mr. Coen asked Mrs. Baker to get with Mrs. Clark regarding outreach to the Stafford County Farm Bureau. He stated the Committee needed to discuss the meeting schedule.

Discuss Meeting Schedule

Mr. Neuhard stated it was important to have meaningful meetings and that may require a meeting once a month or every other month. He stated there could be a designated time on the calendar and in his opinion, the Committee would probably only have to meet once a month, but July, August, and September may be busier. He stated if it was agreeable to the Committee they could meet on an as needed basis. He stated the Ordinance could be evaluated yearly to reflect the meeting schedule.

Mr. Coen stated February and March would be used to take care of administrative issues.

Ms. Hall stated the President submitted the budget to Congress.

Mr. Coen stated they need to set a meeting date.

Mr. Silver stated he was not available on the second Thursday of the month.

Mr. Apicella stated he could not meet until 7:00 p.m.

Mrs. Kurpiel stated she could meet on the first or third Thursday of each month.

Mr. Coen stated the Committee would tentatively plan to meet on December 6, 2007.

Discuss Appraisal Committee

Mr. Coen stated the Committee needed to discuss the Appraisal Committee.

Mr. Apicella made a motion to appoint the Commissioner of Revenue or their designee to the Appraisal Committee. Mr. McClevey seconded. The motion passed 7-0.

Mr. Apicella made a motion to appoint the Commissioner of Revenue or their designee Chairman of the Appraisal Committee. Mr. Coen seconded. The motion passed 7-0.

Mr. Apicella made a motion to amend Article 9 of the by-laws. Mr. Coen seconded. The motion passed 7-0.

Mr. Neuhard stated the Commissioner of Revenue was a standing position which would not need to be nominated each year.

Mr. McClevey asked if there were any legal ramifications.

Ms. Lang stated there was no conflict unless they were completing the appraisal.

Mr. Silver stated the County could not compete with developers to buy land.

Mrs. Clark stated the citizens who own farms were aging.

Mr. Neuhard stated there needed to be a funding source.

Adjournment

Mr. Apicella made a motion for adjournment. Mr. Coen seconded. The motion passed 7-0. The meeting was adjourned at 9:11 p.m.