From left: Ann Arbor greenbelt advisory commissioners Laura Rubin and Archer Christian came to city hall by bike. This was the last meeting for Rubin, who is term limited. She and other outgoing commissioners Dan Ezekiel and Tom Bloomer were honored during GAC’s June 6 meeting. (Photos by the writer.)

Tom Bloomer, Dan Ezekiel and Laura Rubin, whose terms end this month, are term-limited. Ezekiel and Rubin are the only remaining members of the original commission, which was formed in 2004. “I’m just really, really proud of what we’ve accomplished, and of what you all will continue to accomplish,” Ezekiel, GAC’s chair, told commissioners at the end of the meeting. “I’m done being on the commission, but I’m not done with land preservation – and I’m sure Tom and Laura feel the same way.”

It was the first meeting for GAC’s newest commissioner, Stephanie Buttrey, who replaced Liz Rother. Jennifer Fike will join GAC next month to replace Rubin, but there are still two remaining vacancies. Anyone who’s interested in applying should contact their city council representative. [.pdf of application form for city boards and commissions]

An ongoing concern emerged during the June 6 meeting related to Civil War Days – a reenactment event being held this weekend at Gordon Hall in the Dexter area. A dispute over spectator parking on the land has prompted Scio Township trustees to move toward rescinding an existing conservation easement and replacing it with a new easement. The new easement would allow for parking, without a requirement to seek permission for parking each year. The property is owned by the Dexter Area Historical Society, a group that was sharply criticized by Bloomer. “Quite frankly, the Dexter Area Historical Society has been an untrustworthy partner from the very beginning,” he said, “and I don’t know why [the township board] thinks they’ll honor a new easement any more than they honored the old one.”

Although the land in question is outside of the greenbelt boundaries, it’s of interest to GAC because of the underlying issue of easement enforcement.

Commissioners were also briefed on a proposed greenbelt registry that’s being developed. The intent is create a way to formalize relationships with landowners who aren’t yet part of the greenbelt program, but who are committed to the program’s principles of land preservation.

Easement Enforcement: Civil War Days

Dan Ezekiel reported that he and Ginny Trocchio had been contacted in late May by the Scio Township land preservation commission, which was “in a bit of a crisis.” The land preservation commissioners were concerned about the conservation easement that Scio Township holds for land owned by the Dexter Area Historical Society (DAHS), where the historic Gordon Hall is located.

The pink arrow marks the location of the Gordon Hall property, where Civil War Days is being held on June 7-9, 2013. Green blocks are properties protected in part through the city of Ann Arbor’s greenbelt program. The green line with red dots is the Ann Arbor greenbelt program boundary for eligible properties. A portion of Webster Township is in the northwest corner of the greenbelt, with Scio Township to the south. (Image links to higher resolution file.)

By way of background, a “conservation easement” is a way for a municipality to preserve land without purchasing it or becoming the owner of the land. A conservation easement is a legally enforceable agreement – between a landowner and a government agency or a land trust – for the purpose of conservation.

Voters in several local municipalities – including the city of Ann Arbor, Webster Township and Scio Township – have approved millages to fund the purchase of development rights (PDR). PDR is a common mechanism for protecting undeveloped land by letting owners keep their property for farming or other specified uses but preventing its development. Development is prevented through a conservation easement.

A conservation easement restricts real estate development, commercial and industrial use, and certain other activities on a property to a level agreed to in the terms of the easement. In the case of the conservation easement on the Gordon Hall property, different parties have different perspectives on what’s allowed under terms of the easement.

Among land preservationists, it’s assumed that there might eventually be violations to terms of the easements. But if those violations happen, they’re more likely to occur when the property changes hands. So, as a part of every land preservation deal, Ann Arbor’s greenbelt program sets aside funds in an endowment, which will be used to cover expenses to monitor and enforce the greenbelt’s conservations easement – by legal action, if necessary.

In the case of the Gordon Hall property, both Scio and Webster townships hold conservation easements on the parcel, which has portions of the property in both townships. For the past two summers, the townships have allowed spectator parking there as part of the DAHS Civil Wars Days – even though land preservationists argue that parking conflicts with terms of the conservation easements. [See Chronicle coverage: "Webster Gives Ground for Civil War Days."] Parking is again allowed this year for the event, which is taking place June 7-9.

GAC commissioner Tom Bloomer – a Webster Township farmer who also serves on that township’s farmland and open space preservation board – had asked GAC to weigh in on the issue prior to last year’s Civil War Days. At GAC’s Jan. 5, 2012 meeting, commissioners passed a resolution encouraging Webster Township board to strictly enforce all of its conservation easements. [.pdf of Jan. 5, 2012 resolution]

Easement Enforcement: Civil War Days – Commission Discussion

At GAC’s June 6, 2013 meeting, Ezekiel noted that even though the land in question is outside of the greenbelt boundaries, it’s of interest because of the underlying issue of easement enforcement.

Dan Ezekiel, chair of the Ann Arbor greenbelt advisory commission.

Each year, Ezekiel said, the historical society has promised to address the problem of parking, but it’s a problem again this year. The Scio Township board was set to pass a waiver to allow parking again on the property, he said, which is why the township’s land preservation commission alerted GAC. The land preservation commission was “really up in arms about this,” Ezekiel said, and wanted a GAC representative to talk to the township board about the importance of defending easements.

The township board met on May 28. Ezekiel and some members of the township’s land preservation commission spoke at the meeting. Ezekiel reported that his remarks focused on telling the board to be careful and not to allow exceptions to the easements, “because then everybody wants one, and you’ve set a precedent.”

According to Ezekiel, the township trustees indicated that they want to rescind the current agricultural conservation easement, and create a new historical easement instead. He said the board passed a resolution to set that in motion, directing their attorney to draft the new easement. The land preservation board members indicated that they could live with this approach, he said, adding that “it’s something we need to keep our eye on and find out what actually does happen out there.”

Bloomer was more critical of the move. “I think this is a huge disappointment and a step backwards,” he said. Pursuing a new easement is no different than changing the old easement. “Quite frankly, the Dexter Area Historical Society has been an untrustworthy partner from the very beginning,” Bloomer said, “and I don’t know why [the township board] thinks they’ll honor a new easement any more than they honored the old one.”

Bloomer said he realized that it was technically none of GAC’s business. But in the past, he noted, greenbelt commissioners have discussed that if any township doesn’t defend its easements, it’s appropriate for Ann Arbor not to partner with them in the future on deals where the township is the lead agency. “I think it’s important for us to take that stand,” he said.

Ezekiel agreed, and he hoped that greenbelt commissioners would continue to keep an eye on this issue, which “can potentially be dangerous for the greenbelt.” The important thing is who holds the easement, he said. The situation is a timely wake-up call for GAC, Ezekiel added – it’s lucky that the situation is occurring outside of the greenbelt boundaries, so that GAC can learn lessons from it without being directly affected.

Right now, Scio and Webster townships are involved, Ezekiel said. But no one knows who’ll be elected in any township, so GAC needs to think carefully about who holds the easements. There are also degrees of risk, he noted. On many easements, the federal government is involved, and the easement language in those situations is very firm. That’s a different situation from the easement with DAHS, he said.

Ezekiel reported that Scio Township supervisor Spaulding Clark had called the situation a mess that was inherited from the previous township board. But Clark doesn’t think the easement language would be defensible in court, according to Ezekiel. That was one reason that Clark wanted to draw up an entirely new easement.

Peter Allen described it as an unusual situation. The Gordon Hall property is not a typical farm, he said. It’s adjacent to the village of Dexter and has an historical house, with events like the Civil War reenactment. He didn’t think it was the kind of “protect-the-easement situation we might face in the future.”

Tom Bloomer, a Webster Township farmer and GAC member.

Bloomer disagreed. The easement with Scio Township is on agricultural land, he noted, while the Gordon Hall historical building is on the Webster Township portion of the property. “There is no historical aspect to the Scio Township portion,” he said. While some people might think the easement language isn’t defensible in court, Bloomer said, it uses the same language that all conservation easements used at the time it was drawn up. “To me, it seems very clear what the intent of that easement is, which is not to infringe upon the conservation values of the agricultural land. I think there’s only one way to read that – and that’s not parking.”

Ezekiel observed that DAHS had been “very happy to take the money at the time [of the easement deal], and they signed the paperwork and went into it with their eyes wide open, and now they are basically reneging.” It shows that an elected board is going to be very reluctant to tangle with someone who is politically powerful, he said, no matter how unpleasant that person is behaving. “It almost sometimes makes township boards look better if they tangle with big, bad old Ann Arbor instead of standing up to their own residents who are violating an easement that they themselves helped draw up, sign, and take money for,” Ezekiel said.

Ezekiel also noted that the Legacy Land Conservancy had secured a legal opinion on the easement, which determined that parking is prohibited under the easement.

Trocchio reported that when this issue initially arose, she reviewed all the easements in which the greenbelt program is involved. There are only two or three instances that don’t involve a federal Farm and Ranchland Protection Program (FRPP) grant, she said. In those few instances, there are still multiple entities involved that provide multiple layers of protection. However, it’s something to keep an eye on in structuring these deals and partnerships in the future, she said.

Ezekiel said it was good to know that none of the current greenbelt easements are imperiled.

Greenbelt Registry

Commissioners had initially discussed the idea of a greenbelt registry at their April 4, 2013 meeting. On June 6, Ginny Trocchio – a Conservation Fund employee who provides staff support to the greenbelt program under contract with the city – gave an update on the project.

The concept of a greenbelt registry is laid out in the program’s strategic plan:

A land registry program is a listing of the properties that contain “special” natural features or has remained in farmland open space that landowners have voluntarily agreed to protect. This is an oral non-binding agreement between the City of Ann Arbor and the landowner. The landowner can end at any time, and the agreement does not affect the deed. The landowners agree to monitor and protect specific features of the property and notify the City if the landowner is planning on selling the property or if major threats have occurred.

The purpose of the land registry is to identify significant parcels of land and, through voluntary agreements with landowners, take the first step toward protection of the land’s natural resources. Furthermore, a land registry program recognizes landowners for protecting significant open space/natural features. Ultimately, these lands could be protected permanently through a conservation easement.

The landowner, by voluntarily agreeing to register their land, agrees to the following:

• Protect the land to the best of their ability
• Notify the City of Ann Arbor Greenbelt Staff of any significant changes they are planning or any natural changes that have occurred.
• Notify the City of Ann Arbor Greenbelt Staff of any intent to sell the property.

Trocchio reported that she’d been working on this project with commissioner Shannon Brines. They first identified which landowners and areas of the greenbelt they’d like to target for participation in the registry. The intent is to contact owners of property that the commission’s strategic plan has identified as a priority, including people that have been contacted in the past but who haven’t yet applied to the greenbelt program or completed a transaction. Trocchio noted that this includes about 20 landowners covering just over 2,400 acres.

In addition, she said, the tentative plan calls for doing a “broader sweep” across the greenbelt, contacting landowners of property that fits the program’s priorities. Those priorities include protecting larger tracts of land – 40 acres or greater – with quality soils for agriculture, and proximity to protected properties. It’s also important to fill in gaps or make connections between existing greenbelt-protected properties, she said. Those gaps are concentrated in the townships of Northfield, Salem, Superior, and Lodi. A lot of larger properties in Scio Township that might fit the greenbelt’s priorities lie outside of the greenbelt boundaries, she noted.

Ginny Trocchio, who provides staff support for the greenbelt program.

Trocchio estimated that it might be possible to protect an additional 6,000 to 7,500 acres during the remainder of the 30-year greenbelt program, assuming a modest annual increase in property values of 3%-4%, as well as the ability to secure matching funds of 25%-50% for these land preservation deals. The registry is a way to move toward this goal.

In terms of implementing a registry, the first step would be outreach, Trocchio said, so that landowners know about it. She showed commissioners a rough draft for a brochure that summarizes aspects of the registry. [.pdf of registry brochure] Public forums would be held, as well as one-on-one meetings with landowners. Trocchio reported that she’s met with several landowners over the past 6-9 months who decided that now isn’t the right time to participate in the greenbelt program, but they might be interested in a registry, she said.

Even though the registry would be a non-binding agreement, Trocchio explained, it’s important to ensure that the greenbelt advisory commission is kept apprised of it. One option is to develop a brief application, including property information and landowner contact information. Staff would review those applications and evaluate how the properties fit within the greenbelt program’s current scoring system, then bring that information to GAC. Trocchio said she’ll be working with the city administrator, Steve Powers, as well as councilmember Christopher Taylor – who serves on GAC – about the best way to inform the city council about this registry.

After landowners are enrolled in the registry, they’ll receive a framed aerial image of their property to thank them for being good stewards of the land and for keeping the land in open space and farmland. Trocchio would be compiling a database of landowners, and would contact the landowners if there are properties near them that become part of the greenbelt program. She’d also inform them of any greenbelt-related events, and would plan to meet with them at least once a year to touch base.

One question that she and Brines had for the full commission: Should landowners who participate in the registry get points for that, when they apply to have their land protected by the greenbelt program? That approach would give the landowners a bump up in priority, compared to non-registry parcels, she noted.

Greenbelt Registry: Commission Discussion

Several commissioners praised the registry. “This is fantastic,” said Peter Allen. “I think this will really open some doors for us.” He clarified with Trocchio that the plan would be to mail brochures to targeted landowners. He wondered whether the mailing would include a map showing the landowner’s specific property, in relation to land that’s already protected by the greenbelt program. Trocchio explained that the brochure will include a map showing protected properties, but it won’t be customized for each landowner. She felt the map would have sufficient detail – and that landowners would be familiar with the area – so that they could discern their land’s relationship to greenbelt properties.

Allen suggested including Trocchio’s name and picture in the brochure, along with her contact information. “To see a face will maybe get them to call you,” he said. Including a link to the greenbelt program’s website would also be helpful. He assumed that landowners would want to do some research before contacting Trocchio.

Allen also urged Trocchio to be more proactive about contacting landowners, rather than relying on a mailing and public meetings – especially for farmers with important parcels. He asked commissioner Tom Bloomer, a farmer from Webster Township, whether such an approach would be too pushy.

“Everyone’s an individual,” Bloomer replied, adding that in general, no single effort will yield results. Some landowners don’t want their neighbors to know what they’re doing, he noted, so they might not come to a public meeting. He recalled that some of the greenbelt program’s best acquisitions have come from people who didn’t attend public forums.

Greenbelt advisory commissioner Shannon Brines of Brines Farm in Webster Township, north of Dexter.

Bloomer said that reaching out in a variety of ways was important, but Trocchio shouldn’t be too aggressive – or landowners will feel targeted. Most people know that the greenbelt program exists, he added, and if they’re interested, they know how to contact Trocchio. “So I wouldn’t push too hard.” Sending out a mailing is fine, he said, but he’s on the fence about whether Trocchio should ask for one-on-one meetings. It depends on the landowner, he said.

Allen suggested the strategy of working with attorneys, accountants and other representatives of landowners – it’s another possible avenue of outreach to consider, he said. Bloomer replied that the initiative should come from the landowner.

Archer Christian asked if there would be a way to publicly honor the registrants. Trocchio said she’d need to talk to the city attorney’s office about whether registered properties could be included in the greenbelt maps. Christian thought perhaps recognition could be given at a greenbelt event.

Christian also wondered if Trocchio was planning to partner with townships in the public forums. How much had Trocchio communicated with township officials about the registry program? Trocchio replied that she hasn’t talked at length with township officials, since the details of the registry are still being worked out. The public forums would likely be held at township halls, she noted, so the townships would certainly be informed.

Catherine Riseng wondered how the greenbelt advisory commission would be involved. Would it be similar to the greenbelt program’s land acquisition process, where proposed properties are presented to GAC for review? It’s still unclear how that would work, Trocchio replied. She said she’d keep the commission up to date about who is applying. If the intent is that these properties might become part of the greenbelt in the future, she added, then it’s important that the properties in the registry meet the greenbelt program’s priorities.

Bloomer noted that Trocchio had asked for feedback about whether to award points to registry participants, if they later apply for the greenbelt program. He thought that awarding points has merit, “as long as it’s not too much.” Awarding points would be a way for landowners to see a real benefit to participating in the registry and maintaining contact with the staff, he said.

Dan Ezekiel described the registry as a best next step for the greenbelt program.

Outcome: This was not a voting item.

Manager’s Report

Ginny Trocchio, who provides staff support to the greenbelt program, reported that there’s still no word about the status of a 2013 application to the federal Farm and Ranchland Protection Program (FRPP). The application is for grants totaling about $202,000 for two properties covering 169 acres.

She also noted that the greenbelt program will have a table at the Sept. 7 Homegrown Festival in Ann Arbor.

Land Acquisition

Most meetings of the greenbelt advisory commission include a closed session to discuss possible land acquisitions. The topic of land acquisition is one allowed as an exemption by the Michigan Open Meetings Act for a closed session. On June 6, commissioners met in a closed session that lasted about 30 minutes, then emerged and voted on a recommendation that will be forwarded to the city council.

Before appearing on the city council’s agenda, details of proposed greenbelt acquisitions are not made public. Parcels are identified only by their application number, with the first four numbers signifying the year in which the application was made.

On June 6, commissioners recommended that the city council move forward on the purchase of development rights on parcels identified as application number 2013-02 and 2011-13, if federal Farm and Ranchland Protection Program (FRPP) funds are received.

Outcome: Without discussion, commissioners unanimously passed the resolution.

Commission Transitions

The June 6 meeting concluded with farewells to three long-time greenbelt advisory commissioners: Tom Bloomer, Dan Ezekiel and Laura Rubin. Their terms end this month, and because they are term-limited they can’t be reappointed. To mark the occasion, commissioners were served pie – pecan and chess – during their closed session.

GAC vice chair Catherine Riseng congratulates Dan Ezekiel, the outgoing chair, for his service.

The outgoing commissioners were also formally honored at the end of their meeting. Ezekiel, who serves as GAC’s chair, noted that the transition is historic because he and Rubin are the only remaining members of the original commission, which was formed in 2004.

Ezekiel first presented a plaque to Bloomer, saying that his expertise about farming had been invaluable. Bloomer, who owns Bur Oaks Farm in Webster Township, recalled that when Mike Garfield left GAC last year, Garfield had commented that this was one of the few endeavors he’d been involved with that went exactly as he thought it should. “I echo that,” Bloomer said. “This has been about as successful as I’d expect a program to be. I’m really grateful to have been a part of it.”

Ezekiel then gave a plaque to Rubin, noting that she had provided leadership as GAC chair for three years of her nine-year service. Rubin said she’d enjoyed serving on GAC in part because it’s been such an effective commission. The last couple of years have been particularly rewarding, she said, because she’s been able to see earlier plans come to fruition. “Especially that first year, we really struggled with ‘What did we pass?’” Rubin said, referring to the 2003 voter-approved open space and parkland preservation millage. “What was the expectation from the public in terms of farmland and open space and anti-sprawl – all the issues that were wrapped up with the greenbelt initiative?” She was proud of how far it’s come.

Catherine Riseng, GAC’s vice chair, presented Ezekiel with a plaque in honor of his nine years on the commission. Ezekiel echoed the remarks of Bloomer and Rubin, saying he felt that the commission’s collective decisions were better than what any one person could have decided. He said Rubin, Garfield and Jennifer Santi Hall had led the commission with wisdom and integrity when they served as chairs, and that he had tried to walk in their footsteps. He felt that Riseng would continue that same vision and leadership.

Ann Arbor voters acted wisely and presciently in approving the parks and greenbelt millage in 2003, Ezekiel said, and it had been a bold leap. Ann Arbor was the first community to levy a tax to protect open space and farmland outside the actual boundaries of the community, he said. Since then, there’s been a lot of progress to convert the greenbelt dream into reality. “It’s been a really interesting and exciting journey.”

The greenbelt in fine shape, Ezekiel said. Over 4,000 acres of farmland and open space have been preserved within an hour’s bike ride of downtown Ann Arbor. Matching funds from many sources have leveraged Ann Arbor’s taxpayer dollars, and three local townships – as well as Washtenaw County – have land preservation millages, too.

The registry is a logical next step to bring more properties into the pipeline, Ezekiel said. He thanked Ginny Trocchio and Peg Kohring of The Conservation Fund for their competence and professionalism, saying they are trusted by the greenbelt stakeholders. He praised the city council for expanding the greenbelt boundaries twice, and cited the program’s robust endowment that will help support the defense against easement violations in the future.

From left: Greenbelt advisory commissioners Peter Allen and Tom Bloomer, who is removing his commemorative plaque from its plastic sheath.

Even though no one predicted it, Ezekiel said, the greenbelt program was well-positioned – because of its dedicated funding source and staff – to take advantage of the drop in land values. No one could have predicted how the past nine years turned out, he said, and the next nine years will probably be just as unpredictable. But Ezekiel was quite optimistic that people will look back on the GAC’s work and say it was wise to have protected the greenbelt’s open space and farmland.

“I’m just really really proud of what we’ve accomplished, and of what you all will continue to accomplish,” Ezekiel concluded. “I’m done being on the commission, but I’m not done with land preservation – and I’m sure Tom and Laura feel the same way.”

The outgoing commissioners received a round of applause.

Riseng told her fellow commissioners that she felt quite anxious: “We’re losing our brain trust.” She thanked the three commissioners for their work in laying such a strong foundation for the greenbelt program.

Assuming that GAC follows its custom, Riseng, as vice chair, will likely become GAC chair when the commission elects officers at its July 11 meeting.

Jennifer Fike, the finance director of the Huron River Watershed Council, was confirmed by the city council on June 3, 2013 to replace Rubin – HRWC’s executive director – on GAC. There are two additional openings: for a farmer to replace Bloomer, and for a general public position to replace Ezekiel. During the June 6 meeting, Bloomer indicated that he had submitted a name for consideration to fill the farmer position, but Trocchio said no one has applied. Bloomer said he’d tell the interested party that she would need to submit a formal application.

Anyone who’s interested in applying should contact their city council representative. [.pdf of application form for city boards and commissions] Meetings for the commission are scheduled monthly, typically on the first Thursday of the month.

Next meeting: Thursday, July 11, 2013 at 4:30 p.m. in the second-floor council chambers at city hall, 301 E. Huron. [Check Chronicle event listings to confirm date] The meetings are open to the public and include two opportunities for public commentary.

Present: Peter Allen, Tom Bloomer, Shannon Brines, Stephanie Buttrey, Archer Christian, Dan Ezekiel, Catherine Riseng, Laura Rubin. Staff: Ginny Trocchio.

Absent: Christopher Taylor.

The Chronicle survives in part through regular voluntary subscriptions to support our coverage of publicly-funded entities like the city’s greenbelt program. If you’re already supporting The Chronicle, please encourage your friends, neighbors and coworkers to do the same. Click this link for details: Subscribe to The Chronicle.

The pink arrow marks the location of the Gordon Hall property, where Civil War Days will be held on June 8-10, 2012. Green blocks are properties protected in part through the city of Ann Arbor’s greenbelt program. The green line with red dots is the Ann Arbor greenbelt program boundary for eligible properties. As the map shows, several protected properties lie within Webster Township. (Image links to higher resolution file.)

Host for the re-enactor units will be the 4th Michigan Regiment, Company A, led by captain Russ Paul. Also expected at Gordon Hall for Civil War Days this year are the following units: 17th Michigan, Company E; 21st Michigan, Company H; U.S.S. Michigan Marine Guard Battery B; 1st Michigan Light Artillery; and the Confederate Bledsoe’s Battery.

The decision to grant a festival permit came after the board had turned down the permit at its previous meeting on April 17 by a 4-3 vote. The resolutions considered by the board at its two recent meetings differed in a significant way. The resolution rejected at the April 17 meeting stated that the festival would be granted “… with egress and ingress over Webster Township grounds and conservation easement with no parking on Webster Township grounds only Scio Township.”

The resolution ultimately approved by the board stepped back from trying to describe how parking on and crossing of the property would be handled, and instead simply stipulated that the DAHS had to comply with the conservation easement on the property.

Dan Ezekiel, chair of Ann Arbor’s greenbelt advisory commission, attended the April 24 meeting and addressed the township board on the commission’s behalf. Although the Gordon Hall property lies outside the Ann Arbor greenbelt boundaries, the city of Ann Arbor and Webster Township have partnered on a number of other conservation easements in their collaborative effort to preserve open space. He wanted to encourage the board to defend the easement on the Gordon Hall property and not set a precedent that violating a conservation easement is acceptable.

After the meeting, Ezekiel indicated in conversation that he was, in fact, a history buff and was hoping to attend the Civil War Days – he hoped not as a picketer. 

Land Preservation Background

By way of background, a “conservation easement” is a way for a municipality to preserve land without purchasing it and becoming the owner of the land. A conservation easement is a legally enforceable agreement – between a landowner and a government agency or a land trust – for the purpose of conservation.

Voters in several local municipalities – including the city of Ann Arbor, Webster Township and Scio Township – have approved millages to fund the purchase of development rights (PDR). PDR is a common mechanism for protecting undeveloped land by letting owners keep their property for farming or other specified uses but preventing its development. Development is prevented through  a conservation easement.

A conservation easement restricts real estate development, commercial and industrial use, and certain other activities on a property to a level agreed to in the terms of the easement. In the case of the conservation easement on the Gordon Hall property, different parties have different perspectives on what’s allowed under terms of the easement.

Among land preservationists, it’s assumed that there might eventually be violations to terms of the easements. But if those violations happen, they’re more likely to occur when the property changes hands. So, as a part of every land preservation deal, Ann Arbor’s greenbelt program sets aside funds in an endowment, which will be used to cover expenses to monitor and enforce the greenbelt’s conservations easement – by legal action, if necessary. The Ann Arbor greenbelt’s endowment fund stands at roughly $445,500.

The Gordon Hall Civil War Days festival permit is an issue that piqued the Ann Arbor greenbelt advisory commission’s interest last year. From The Chronicle’s coverage of the commission’s Dec. 14, 2011 meeting:

In addition to serving on Ann Arbor’s GAC, Tom Bloomer serves on the Webster Township farmland and open space preservation board. At [the Dec. 14, 2011] GAC meeting, he reported on a situation that’s arisen in Webster Township, which has implications for Ann Arbor’s greenbelt program.

Webster Township’s land preservation program was created in 2005. One of its first actions was to preserve land that includes the historic Gordon Hall, he said. The Dexter Area Historical Society had purchased the land and Gordon Hall from the University of Michigan about 10 years ago, and subsequently sold the development rights to Scio and Webster townships, through conservation easements to those townships.

Last summer, Bloomer said, the society approached Webster Township with a proposal to hold a Civil War re-enactment on the site. The event didn’t conflict with terms of the conservation easement, he said, but the society also wanted permission for spectator parking – and that did conflict with the easement. The township eventually agreed to a one-year exception to allow parking for several hundred vehicles, with the understanding that an exception wouldn’t be granted again, Bloomer said. It was fortunate that there was no rain during the event, so minimum damage was caused to the land.

However, the historic society now wants to amend the conservation easement so that parking for this kind of event would be allowed, Bloomer told GAC. The township’s farmland and open space preservation board has recommended denying that request, he said. The decision will ultimately be made by the Webster Township board of trustees, but the preservation board is looking for support from other land preservation entities – like GAC – before the township trustees vote.

The decision will impact more than just this piece of land, Bloomer said. It will affect Webster Township’s reputation as a conservator of land, and whether it can be trusted by its partners, including Ann Arbor, to adequately protect land in perpetuity.

The following month, at the commission’s Jan. 5, 2012 meeting, the Ann Arbor GAC passed a resolution encouraging the township board to strictly enforce all of its conservation easements. [.pdf of resolution]

Minutes of the Webster Township farmland and open space preservation board also reflect discussion of the issue. There’s an apparent disagreement about the interpretation of the Gordon Hall conservation easement – between the legal counsel for the open space preservation board and the legal counsel for the township. From the minutes of the April 9, 2012 meeting:

Old Business
A. DAHS easement parking.
[John] Westman reported that he still has not received, in writing, any information from the Township Attorney regarding parking on DAHS easement. Discussion took place regarding this issue. [Tom] Bloomer questioned why Township is not going on the advice of the Land Use Attorney, who is specialized in this area, but instead with the advice of the Township Attorney. Westman will let PDR Board Members know when this issue is on the agenda for the Township Board Meeting. Westman encouraged others to attend the Board meeting to express their concerns.

The wording of the resolution that the Webster Township board initially rejected appeared to try to give an interpretation to the conservation easement, or perhaps even implied a one-time amendment to the easement: “… with egress and ingress over Webster Township grounds and conservation easement with no parking on Webster Township grounds only Scio Township.”

The resolution considered and approved by the board at its most recent meeting did not try to characterize the specific logistical arrangements of crossing and parking, but rather required conformance with the easement: “… with the stipulation that they are in full compliance with the conservation easement.”

Initial Public Commentary

As required by the Michigan Open Meetings Act, the Webster Township board provided time for the public to address the body during its April 24 meeting.

Dan Ezekiel introduced himself as the chair of the Ann Arbor greenbelt advisory commission. He noted that Gordon Hall lies outside the boundaries of the Ann Arbor greenbelt area. So Ann Arbor does not have any direct interest in the conservation easement on the property, he said. He wanted to speak in general about the importance of maintaining easements, and if necessary enforcing them.

Dan Ezekiel of the Ann Arbor greenbelt advisory commission. In the background is Webster Township trustee Gary Koch.

Ezekiel told the board that the Ann Arbor greenbelt commission is very appreciative of the work that Webster Township has done to preserve open space. He said he is proud of the support that the Ann Arbor greenbelt had been able to give to the township. Working together, he said, Ann Arbor and Webster Township have secured conservation easements on several properties since 2005 – for example, the Bloomer and Nixon farms, the Webster Church property, as well as the Cares, Smyth and Merkel farms. All of those easements were funded partly by the city Ann Arbor’s greenbelt program, he said.

Ezekiel said the city and the township were working together to preserve the vibrant agricultural industry and the rural quality of the township, to prevent suburban sprawl, strip malls and manufactured home parks. He said he’s proud of the trust that’s grown up between the city and the township. Working together toward a common goal has built a reservoir of trust and goodwill, he said. Tom Bloomer serves on both Ann Arbor’s greenbelt advisory commission as well as the Webster Township farmland and open space preservation board, so he’s a good communication conduit between the city and the township, Ezekiel said. He noted that Ann Arbor greenbelt advisory commissioner Liz Rother was also in attendance, as was Ginny Trocchio, the Conservation Fund staff member who supports the Ann Arbor greenbelt program.

Ezekiel told the board that trust between municipalities isn’t always the norm. Whenever Webster Township has told Ann Arbor it needs help in preserving a property, he said, the Ann Arbor GAC has always acted quickly, because GAC knows that the township has gone through a fair process to select the property and had made clear to a property owner who was selling a conservation easement what rights they were giving up. The process is transparent and everything is above board, he continued. Because of that, the public can trust the process. It would be tragic if anything were to break up the high level of trust between the township and the city, he said. Ann Arbor as well as the federal government have invested millions of dollars in conservation easements in Webster Township. So the city trusted the township to enforce those easements – otherwise those millions of dollars are worthless paper.

The industry standard is that any amendments to easements should enhance, not degrade, the conservation of the land. It’s only with great caution that any amendments at all should be made, Ezekiel said. Typically amendments to conservation easements are only for resolving ambiguity, he said.

Ezekiel noted that the Ann Arbor greenbelt advisory commission had passed a resolution at its Jan. 5, 2012 meeting expressing the basic points he’d just reviewed. He thanked the township board for standing up for the Gordon Hall conservation easement the previous week.

Ray Tell told the board of trustees he hadn’t intended to speak, but hearing Ann Arbor’s concern about the greenbelt program had led him to want to address the trustees. He pointed out that at one time, the previous owner of Gordon Hall – the University of Michigan – had been planning to sell the land to develop condos. In that context, he did not believe that a once-a-year crossing of the land, or even parking on it, is all that big a deal. In the overall scope of things, he said, condos had been prevented from being built there.

The festival helps provide revenue to the nonprofit Dexter Area Historical Society, so that the organization can pay the mortgage on the Gordon Hall property, which it purchased from UM, Tell said. It’s worth reconsidering the issue even if for no other reason than to allow the historical society to pay off its debt. The historical society shouldn’t have to come before the board every year for permission, and he suggested that something along the lines of a 100-year agreement could be worked out.

Township Board Deliberations

Charles Estleman asked if there’d been any changes since the board’s meeting the previous week.

John Kingsley, who presided over the meeting as township supervisor, indicated he was aware of one contact, and he’d had discussions about the possibility of busing being provided [to mitigate the need for visitors to park on the property].

Webster Township supervisor John Kingsley and township clerk Mary Dee Heller.

But nothing has been determined about whether that can happen. He said he’d also heard there’d been a contact made by a land preservation board member that there might be some private resources available for shuttle services. But as for the board’s decision-making that night, they’d have to assume those services are not available. So if the board chooses to grant a festival permit, he said, there may or may not be shuttle service available – he hoped there would be.

Richard Kleinschmidt then made a motion to approve a festival permit for the Dexter Area Historical Society for Civil War Days held on June 8-10, 2012, with the stipulation that they are in full compliance with the conservation easement.

Estleman asked what would happen if DAHS turned out not to be in compliance.

Kingsley recalled that at the board’s meeting the previous week, when the permit had been voted down, they had discussed the possibility of citing and fining the DAHS for any easement violations. But he felt that is not going to be a realistic option. The motion is specific about the time limit – it’s for this year only. So the DAHS would need to come back next year for another permit. He hoped the board can continue the ongoing dialogue they’ve had with DAHS over the past 8-9 months.

Kingsley felt that the details can get worked out so the same situation doesn’t arise every year. He noted that the board does not grant any other organization permits for multiple years – they’re all annual permits. Basically, he said, DAHS needs to abide by the provisions of the easement, and if not, the board would be able to consider that with the request for next year’s permit. He reiterated that he did not feel that citing and fining ($500 per day) was a realistic option for dealing with the situation.

Outcome: The board unanimously approved the granting of the festival permit to DAHS, with the stipulation that the conservation easement be adhered to.

Concluding Public Commentary

Donna Fisher of the Dexter Area Historical Society addressed the board briefly at the conclusion of the meeting, thanking the trustees. She said she wanted to get started early on the issue for next year so that it could get resolved.

Civil War Re-enactors

In a phone interview with The Chronicle, Russ Paul, who captains the Michigan 4th Regiment, Company A re-enactors, explained that the Gordon Hall event on June 8-10 will not include an attempt to re-enact one of the battles from the Civil War.

He pointed out that to do that, you’d need to have sufficient numbers of soldiers on the Confederate side as well. This year, the second year of Civil War Days at Gordon Hall, a Confederate cannon crew will make up the Confederate participation – Bledsoe’s Battery.

Other Union units expected this year include: 17th Michigan, Company E; 21st Michigan, Company H;  U.S.S. Michigan Marine Guard Battery B; and the 1st Michigan Light Artillery.

Responding to a question from The Chronicle about authenticity, Paul said that Civil War re-enactors have varying standards for authenticity. He characterized his unit as fairly middle of the road in that regard. While they’re not among the most extreme hard-core re-enactors, he said, visitors to their camp during Civil War Days won’t see any modern artifacts like pop cans or plastic coolers.

On the issue of authenticity, Paul summed up by saying that to him, it’s less important for a guy to have a museum-quality blue coat than to know something about soldiering.

Other Civil War Resources

For readers who are looking forward to Civil War Days at Gordon Hall and want to prep by doing some background reading, the University of Michigan libraries offer two possibilities.

From the Buell Family papers held by the Bentley Historical Library at the University of Michigan, Dr. Samuel Mills wrote to the parents of Franklin M. Buell on July 24, 1863 from the headquarters of the 4th Michigan at Camp Thomas at Winchester, Tennessee: “It is my unpleasant duty to inform you that your son Frank M., died at the hospital in this camp, at 3 o’clock a.m. this day;” (Image links to Bentley Library collection.)

The Bentley Historical Library at UM offers an online exhibit on the Civil War. It includes photographs of life in camp.

The Bentley’s collection also includes letters, among them one written by the camp surgeon to the parents of a soldier who died while under his care.

The William L. Clements Library also houses an extensive Civil War collection. Last year, an exhibit called “Opening Guns: The First Year of Civil War” ran from Feb. 28–June 3, 2011.

The exhibit consisted of written narratives by soldiers and civilians who experienced the war.

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