WCA October Meeting (10/23/01)

Board Members: Don Gross, Ellen Jones, Ann Lunson, Dede O'Donnell, Jim Toronto
Community Attendees: 26 Williamsburg neighbors
Guest Speaker: Mike Nardolilli, The Northern Virginia Conservation Trust
(NVCT)
Handouts: Meeting agenda, Zoning Infill Update, NVCT newsletter

The meeting started at 7:35 p.m.

Program

Ellen introduced Mike Nardolilli from The Northern Virginia Conservation Trust. She indicated that the meeting would be conducted with a presentation by Mr. Nardolilli followed by a Q&A period. The business meeting would follow the program.

Mr. Nardolilli is the Vice President and General Counsel of NVCT. He explained that NVCT is a 501 3-c non-profit organization located in Annandale, VA. Its aim is to offer landowners an alternative to development. The NVCT was founded in 1994 as the Fairfax Land Trust. In 1999, the name was changed to NVCT because of the expanded role it wants to play in conserving land in Northern Virginia. He stated that NVCT is trying to preserve green space especially if the land has a specific conservation aspect e.g., scenic vista, water/stream valley, trees and the like.

Mike explained the process by which the landowner benefits from donating or designating land to NVCT.

• The landowner has an appraiser value the land. There is a restriction of $500k (1/2 million) on the land. However the owner is eligible for both state and federal tax benefits. The $500k "loss" (of property) entitles the owner to take a VA income tax credit and it is also deductible on federal taxes which can be rolled forward for five years.
• In some cases (i.e., when the property is owned by a non-profit organization), NVCT tries to purchase the easement.

Thus far the NVCT efforts have protected 592 acres. Two acres are in Arlington and involve three easements. The assessed value of the land is $1.4m. He then opened the discussion up to questions.

Q. Is there a minimum size of property that NVCT looks for?
A. No. The tax benefits are key as well as development rights and land value.

Q. Can you form a group and turn the land over to NVCT?
A. The developers can group properties, but the purpose of NVCT is to preserve land. The method used to attract owners is the tax benefit. The tax benefits cannot cross between neighbors.

Q. How permanent is permanent? Can the family recover the land in the case of death?
A. The conservation easement runs with the land forever with the exception of eminent domain in which case the Government has the right to the land.

Q. If I have a lot that's large enough for a second house can the conservation easement apply to just the second lot area?
A. Yes, although the land would have to be surveyed in order to determine the easement.

Q. What is the effect on resale?
A. The conservation easement is part of the property. The appraisal is key since that determines the value of the property.

Q. No, I meant does the easement add value in the case of resale?
A. The conservation easement may add value to the houses around it, but will not necessarily affect the house on the lot with the easement.

Q. You said the easement goes on to perpetuity. What about heirs or the holder of the title (bank, trustee, etc.)?
A. There is a stewardship contribution as part of the conservation easement which allows for legal enforcement and monitoring of the property. This stewardship will prevail if taken to court.

Q. What if I have a wooded area with wetlands that are parceled out among several home owners which cuts across Arlington and Fairfax County lines?
A. The conservation easement documentation would have to be registered in both counties if seeking real estate tax relief. The tax assessor will consider the easement on the assessment of the property. Any changes requires the tax assessors to look at the easements. There is a 50% reduction for a house along a bike trail.

Q. What is small lot tree preservation?
A. You are better to check with the National Wildlife Association's Backyard Habitat program. This program is intended to look at native species and invasive species (e.g., aggressive growth plants that crowd out native species) and the impact on bird life. The County also has a program, which will provide advice on the best method for removal and information on native species. You might also check with the Virginia Native Plant Society. They make recommendations on plantings for the area.

Q. Is it more beneficial to consider a conservation easement when you are at the stage of selling?
A. Not necessarily. There is one other tax benefit. There is a tax impact on federal estate taxes.

Q. Is there a fixed percentage on the stewardship contribution fund?
A. If you are land rich and cash poor, NVCT will likely dip into the "orphan fund" to assist with the contribution. If you are cash rich and land rich, there is a calculation based on the full value of the land which can be as much as $5,000. The contribution is tax deductible.

Q. Does someone take care of maintenance of the property?
A. No. The property owner still owns the land and is responsible for maintenance. If land is donated and NVCT owns it, then arrangements are made.

Q. Is there any reason a unit of Government may want to set aside land?
A. This is very unusual. There was an incident in Falls Church with Cherry Hill Park. It went to referendum in Falls Church to consider it part of the City parks. Normally, the counties do not want to get involved in this.

Q. Did the NVCT get involved with the Evans Farm Inn property?
A. No. The group that was trying to fight the development decided to use the legal defense fund instead of NVCT. In another case though, the group use NVCT fund to buy land for the Turner farm to ward off developers.

Q. How can churches use the plan?
A. This is more difficult. The purchase of the conservation easement is from the church because a non-profit cannot benefit from the arrangement. Normally, there is a conservation buyer, which means the church gets the money from the sale of the land then protects the green space.

Mr. Nardolilli wrapped his discussion up with a few final comments:

• The Virginia Land Conservation fund consisted of $6m two years ago. Last year alone the fund got $6m, which shows how conservation has taken more importance in the VA budget.
• The fund helped the Oak Hickory farm in Fairfax ($750,000). The fund out bid a golf course and was matched by Fairfax.
• The National Park Service and Nature Conservancy are studying the Potomac River Gorge for its scientific value. The study is finding unique circumstances in the gorge. They have found 10 globally rare communities; some species the nearest place for growth is prairie land and southern soil.
• There is a Donaldson Run initiative as well. The Washington Golf and Country Club released pollutants into Donaldson Run and has created real problems with the eels in the Potomac.

Business Meeting

Minutes and Treasurer's Report were approved.

Upcoming Meetings: Ellen stated that information sheets on upcoming meetings were available in the back of the room. She also solicited ideas for programs for future meetings. There will be no meeting in December. There were suggestions of a program from the Civic Federation and something on gardening through VA Extension Service.

Neighborhood Conservation Activities:

• Little Falls Project: The Safe Routes to School program will not be able to provide any funding for the 2nd part of the project. Therefore the only option is for us to submit it for the Fall project to the NCAC. Ellen said all three projects (sidewalks, median and lower Little Falls Rd) are being designed as one and a designer is already working it. A motion was approved to submit the 2nd half of the Little Falls Project as the WCA Fall submittal. There was one dissenting vote.
• Minor Hill: The funding was approved at the September 8th meeting. We told Chris Nixon that we wanted to be involved in the project and not just a bystander. The County hired a landscape architect, Jill Utan. We have talked but have not scheduled a meeting yet. The Minor Hill team also walked the site and took note of areas needing maintenance attention. We met with Dave Hundell plus some other County representatives to discuss these matters. The Water Department has no budget for landscaping and maintenance. The Water Department also doesn't want to do anything until the use plan is done. The Parks Department will clean up Sharp Park. They have funds to handle it. The Parks Department pointed out that the circle is not covered by Parks rather it is the Garden Club's responsibility. We anticipate the study will start in about two to three months and will take anywhere from 12 to 18 months to complete. Parks, Water, Environment and NCAC will be involved in the team to develop the plan for Minor Hill.
• Signs: The signs have been delivered by the manufacturer and received by the County. We don't know an installation date yet.

Traffic Calming:

• Neighborhood Traffic Calming Program: Five streets within the Williamsburg Civic Association are candidates for this program. If a resident is concerned about traffic volume or speed on a particular street, he or she can call in to the County staff to request traffic calming. The County staff is then obligated to do a traffic studyl. If you have a problem you want to report, call in and report it. It will get attention. The County also has a program that trains citizens on the use of radar guns. While the citizens can't arrest anyone it may act as a deterent because the County can send a letter notifying the speeder of the event.
• East Falls Church Traffic Calming: The Arlington-East Falls Church Civic Association has an extensive traffic calming project around the O'Connell High School area. Residents impacted by the project will receive information from the County-a post card survey. Residents are expected to return the cards. To get the go ahead, 60% response is needed.

Zoning/Infill Update: The Sycamore Street house requires a variance to continue. A petition was available for residents to sign. Neighbors were getting organized for a variance hearing on November 14th.

Flag Pole Purchase: Joe Donahoe from Scout Troop 681 is undertaking a project to raise money to repair the flag pole at the circle, purchase a weather resistant flag and possibly get lights installed. The membership unanimously approved his efforts.

Nottingham School Project: Suzanne Graham is the WCA representative on this project. The school expansion project is expected to be a three-year effort and is currently in the planning/assessment phase. The areas of concern are:

• Accommodating classroom space
• Expanding the administration area
• Establishing a media and arts center
• Improving safety

The drawings show various aspects of the project with a drop off on Ohio Street, some development in the front of the school bringing the entrance closer to the street, and preserving green space and play space for the school. The loading dock in the back of the school cannot be moved. This poses some safety issues that must be resolved with the new design. There are also proposals to use the Nottingham Street side to create a wing of the school since there are lighting problems there. One other proposal for this area is an amphitheater for productions.

Newsletter Distribution: Ellen asked for volunteers who would be willing to help distribute the newsletters. We are producing the newsletters monthly and can't afford to mail each issue.

The meeting adjourned at 9:10.