Louisville/Jefferson County Environmental Trust
MINUTES
December 12, 2008
Members in Attendance
Reba Doutrick
Frannie Aprile (advisory board)
Lisa Hite
Bob Schindler
Kurt Mason
Dudley Saunders
Noel Rueff
Staff in Attendancce
Lee Wells
Theresa Senninger
The meeting was called to order at 1:02 pm.
Minutes
Minutes for October 17 th were distributed for review. Clarification was provided about the current owners of the Musselman Conservation Easement on Peterson Avenue. The Musselmans donated the easement on Peterson Avenue, but now own Dogwood Hill, another LJCET easement. The Crawfords own the Peterson Avenue easement. A motion was made by Noel Rueff to approve the minutes, and seconded by Reba Doutrick. No additions or corrections were noted. The minutes were approved by unanimous vote. Minutes from November and December will be considered and approved in January.
Land Conservation Activity
Trinity Easement
Theresa Senninger gave a report on the Trinity easement assignment. After a typographical error was discovered in the Metro Council resolution approving the assignment was discovered and corrected, the assignment was recorded in the Deed Room. A letter documenting the acceptance has been prepared and will be sent to Phyllis Croce for MSD’s records. There was some confusion at the Deed Room about the nature of the document. Lee Wells will ensure that the PDF is catalogued correctly as a conservation easement. Theresa Senninger will forward Lee the deed book and page number of the assignment.
Potential Future Easement Donations/Outreach Activities
Kurt Mason followed up with Don Olsen, a property owner who has expressed interest in donating a conservation easement on his property, which is located on Dawson Hill Road. The property is approximately 50 acres. Mr. Olsen expressed continuing interest in donating a conservation easement, but was not sure that he could make the donation at this time. Frannie Aprile volunteered to keep in touch with Mr. Olsen. Lisa stated that next year has the potential to be a high-volume year given the status of the federal tax breaks expiring. We should consider doing a press release, possibly a joint release with Riverfields. Theresa stated that Riverfields has not taken an easement this year, either. Some speculation as to why this may be. Lisa suggested that we consider doing some sort of presentation that is open to the community.
Reba volunteered to do a 30-second spot about conservation easements and LJCET specifically on Insight Cable. Metro TV could also be asked to run a spot on the Trust.
Noel stated that this is the time of year when there is typically a local Continuing Legal Education program on the subject of land preservation available to lawyers. The Louisville Bar Association has typically hosted the program. Theresa Senninger will check with LBA to see if the program is planned for this year, and if so, will make contact with the speakers to remind them about LJCET as a holder of conservation easements.
LJCET may also want to hold its own educational program. The Trust has hosted such an event in the past, and once brought Steven Small as a speaker. Such a program could be fee-based, and could offer CLE credits for professionals. Past programs focused on basic information about conservation easements. The Trust could work with another group to co-sponsor the event. Theresa Senninger offered to talk to Monica Henderson, a local attorney who focuses on conservation easements, about who might be an interesting speaker, and whether she might be interested in presenting on some topic. A program that focused on basic/intermediate level topics associated with land preservation, and could possibly include topics such as accreditation and charitable trust law. Lee Wells suggested that the program could include using cemeteries as conservation easements.
If LJCET chooses to sponsor such a program, the Trust would need to set a fee for participation based on the cost of any speaker we invite. It would be helpful to hold the program before the end of the CLE year for attorneys, which is June 30. Frannie Aprile stated that there is a need for more public education on the subject of conservation easements, since it does not seem that there is much local expertise on this subject. If the Trust holds a seminar, it could raise awareness of the subject.
Theresa Senninger and Lisa Hite agreed to work on organization of a seminar and will send e-mails to update the Board on speakers and other details.
Development Adjacent to Conservation Easements
Frannie Aprile brought a reduced development plan for Covington by the Park, a proposed subdivision in the style of a conservation subdivision on property adjacent to her land, which is protected by a conservation easement held by LJCET. She is concerned that the development will have a negative impact on her property, and on adjacent rural properties. Lisa Hite stated that the Parks Department sent in comments in response to a review of the development plan about protecting water quality and visual quality of the conservation easement, and also about increased buffers to provide additional protection for the Aprile easement. Planning and Design Services stated that the subdivision had not been formally filed, but would be in the near future.
Frannie Aprile stated that the neighbors were trying to work together to save at least a part of the development site. Lisa Hite stated that it might make sense for the neighbors to ask the developer to donate a conservation easement on open space associated with the development. Ms. Aprile said that she was interested in proposing that a part of the development be developed as mini-farms with conservation easements placed on them. Ms. Hite stated that Randall Arendt, a planner who espouses the use of conservation design in subdivision planning, viewed this type of development situation as an opportunity. Ms. Aprile stated that this development, however, does not follow Arendt’s views on conservation subdivisions, though it is being developed under the local conservation subdivision regulations. The primary conservation area being saved is mainly unable to be developed.. The conservation subdivision regulations support preservation of land adjacent to a park or existing CE, and also advocate permanent protection such as a conservation easement on the primary conservation areas. Aida Copic is the case manager with Planning and Design Services.
Monitoring
Lee Wells, Carl Suk, Noel Rueff and Dudley Saunders monitored the Dogwood Hill property. No formal report was given at this meeting, but a full presentation on this monitoring will be given in January. All monitoring has been completed for this year except for a check of one property line at the Culbertson easement and one part of the Aprile easement.
Theresa Senninger stated that she will prepare letters to all property owners summarizing the results of this year’s annual monitoring. She will send the letters for Kurt to print, sign and send.
Kentucky Land Trust Coalition Update
Theresa Senninger gave an overview of the Kentucky Land Trust Coalitions, which is designed to be an umbrella organization, similar to the Land Trust Alliance, for Kentucky land preservation organizations. It is proposed to be organized to promote compliance with LTA standards and practices for all Kentucky land trusts, and to promote conservation activity on a state level. Draft bylaws have been proposed to govern this organization, which is just starting to be formed. A major issue with the draft is that it limits full voting membership in KLTC to non-governmental private land trusts. This membership requirement would bar LJCET from being a full participant in the organization. There was some discussion about why the bylaws would be written to exclude organizations such as LJCET. Theresa Senninger stated that she believes that the reasons are an unfamiliarity with quasi-governmental organizations such as LJCET, and the general culture of some such entities in Kentucky, which may not be as organized as LJCET. LJCET may be the only quasi-governmental trust in the state interested in seeking accreditation through LTA.
To give credibility to LJCET and to support an attempt to change the draft bylaws to allow any organization that has adopted the LTA Standards and Practices and that is planning to seek accreditation to be a full member of KLTC, Theresa Senninger recommended that the Board adopt a resolution clearly stating that it is the intent of the Trust to seek accreditation in 2010.
Lisa Hite explained that the LTA has recently published documentation on quasi-governmental trusts. Our legal structure is different than a 501c3. But LJCET follows the standards and practices of the LTA and does baseline documentation and monitoring. Lisa is planning to send Riverfields a packet containing the LTA materials on quasi-governmental trusts and accreditation.
Theresa Senninger requested that the Board consider adopting a resolution stating that LJCET, as a member of the Land Trust Alliance, and having adopted the LTA’s Standards and Practices, is interested in pursuing accreditation by the LTA, that quasi-governmental land trusts are interested in pursuing accreditation and the LTA is creating a process by which such status may be achieved, recognizes that accreditation will demonstrate that LJCET conducts itself in accordance with LTA’s best practices.
A motion was made to adopt the resolution as stated by Theresa Senninger by Bob Schindler. Lisa Hite seconded the motion. The vote was unanimous to adopt the motion.
Theresa Senninger discussed the issue of identity of the actual holder of LJCET’s conservation easements. There could be an argument made that LJCET does not hold any easements since it is not listed in the easement documents. To clarify that LJCET is the administrator of conservation easements for Metro, Ms. Senninger suggested that the Board ask the Metro Council to pass a resolution clarifying that the Louisville Metro Government by and through the Louisville and Jefferson County Environmental Trust holds conservation and preservation easements.
Theresa Senninger asked the Board to consider adopting another resolution directing her to approach the Metro Council to find a sponsor for a resolution and to discuss the issue with certain key members of the Council.
The motion to adopt such a resolution, as stated by Ms. Senninger, was made by Lisa Hite and seconded by Reba Doutrick.
There was discussion on the motion. Specifically, there was concern about what the Council would think about the request. Ms. Senninger will contact key council people with Kurt Mason and Lisa Hite before seeking a sponsor. There was discussion concerning how to list the easements in the resolution and whether it would be better to make a general reference. It will be necessary to communicate the passage of the resolution and what it means to all easement donors. Theresa Senninger clarified that LJCET administers a property interest that is held by Metro through the easements. Despite the fact that LJCET is a self-administered board, it performs a function for Metro. Ms. Aprile stated that there is much confusion about the nature of the Board, and Ms. Hite pointed out that the LTA considers a self-perpetuating, independent board to be the most critical element for the success of a quasi-governmental land trust. The benefit of a quasi-governmental trust is that it is associated with government, which is a perpetual institution, and is therefore much less likely to go away than would be a private trust.
A vote was taken on the motion, and the resolution passed unanimously.
Noel Rueff agreed to call Don Dott (Kentucky State Nature Preserves and Kentucky Natural Lands Trust) to discuss membership in KLTC. Theresa Senninger agreed to call Mackenzie Royce (Bluegrass Conservancy) to discuss the same. Lisa Hite agreed to follow up with Meme Runyon (Riverfields) to continue her conversation about membership in KLTC. These three individuals worked to draft the proposed bylaws that would exclude LJCET and other quasi-governmental land trusts.
Theresa Senninger stated that she will present written comments and give an oral presentation to the KLTC group on January 16 th . The meeting will be held at the offices of the Kentucky State Nature Preserves on Schenckel Lane in Frankfort from 1-4. She will send out e-mails to coordinate attendance by others from LJCET and the presentation. It would be helpful to have as many individuals from LJCET in attendance as possible.
Accreditation—Conflict of Interest Policy
Lisa passed out a document on conflict of interest from an LTA publication on conflict of interest and ethics. This is a major issue for land trusts. Original trust board members went to an ethics training, but it’s not clear whether such training is still done. Lisa Hite may check to see whether this could come back on the training agenda, but the Board will also do some of its own training. Theresa Senninger volunteered to do an initial draft of a policy for consideration at the January meeting.
Other
Kurt Mason received a call from someone who was interested in the Duncan property and referred the caller to Lisa Hite, Theresa Senninger and Richard Jett.
Otter Creek Park—KY Fish and Wildlife expressed great initial interest in accepting the park, but this interest may have dwindled. There have been numerous public comments and letters to the Mayor. The plan is to keep the park closed through the end of the fiscal year, but to possibly keep the trails open with private support. There is much concern over the future of this park.