RESOLUTION AUTHORIZING APPLICATION - Gallatin County, …



BRIEFING MEMOREQUEST FOR PROJECT APPLICATIONS FOR CONSERVATION PROJECTFUNDING FROM THE GALLATIN COUNTY OPEN LANDS PROGRAMTO: GALLATIN COUNTY COMMISSIONFROM: MICHAEL HARRISDATE: 11/18/2019Commissioners, Monday November 26, 2019 you have before you a public hearing and consideration to approve the REQUEST FOR PROJECT APPLICATIONS FOR CONSERVATION PROJECTFUNDING FROM THE GALLATIN COUNTY OPEN LANDS PROGRAM for Fiscal Year 2020. Pursuant to direction given by the BOCC to commit up to 90% of taxes anticipated to be collected through the 4 mill voted levy, the amount available for FY 2020 as determined by the County Finance Department is $1,271,377.00. The deadline for submittal of applications to the Open Lands Board will be January 17, 2020. The Open Lands Board will have 90 days from the application deadline to submit recommendations for funding to the BOCC. The FY 2020 funding application and process has been reviewed and approved by the Open Lands Board. As directed by the BOCC on Nov 18th, 2019, the application for FY 2020 is limited to Conservation Projects only. Suggested motion language: Motion to approve the REQUEST FOR PROJECT APPLICATIONS FOR CONSERVATION PROJECTFUNDING FROM THE GALLATIN COUNTY OPEN LANDS PROGRAM for Fiscal Year 2020. REQUEST FOR PROJECT APPLICATIONS FOR CONSERVATION PROJECTFUNDING FROM THE GALLATIN COUNTY OPEN LANDS PROGRAM On November 26, 2019 at a public meeting the Gallatin County Commission approved the REQUEST FOR PROJECT APPLICATIONS FOR CONSERVATION PROJECTFUNDING FROM THE GALLATIN COUNTY OPEN LANDS PROGRAM for Fiscal Year 2020. Gallatin County is now accepting applications for funding through the Open Lands Program for conservation related projects as outlined below. For Fiscal Year 2020 the County Commissioners have authorized an amount not to exceed $1,271,377.00 from the 4.0 Mill Voter Approved Open Space Mill Levy, available in the form of grants through the Open Lands Program subject to the criteria and process outlined in the application below. Applications are available on the county web page at: 2020 OPEN LANDS BOARD GRANT FUNDING CYCLEAPPLICATION DEADLINE JANUARY 17, 2020 AT 5:00 P.M. APPLICATIONS MUST BE DELIVERED TO: GALLATIN COUNTY CONSERVATION AND PARKS, 311 WEST MAIN, ROOM 304, BOZEMAN, MONTANA, 59715. APPLICATION SUBMITTAL REQUIRES 15 COPIES OF THE APPLICATION AND ALL SUPPORTING DOCUMENTATION IN ADDITION TO AN ELECTRONIC COPY BEING EMAILED TO mike.harris@gallatin.. RECESS Application for FundingGallatin County Open Space Grant ProgramPurchase of Conservation Projects on Private Lands with Important Agricultural, Natural Resource and Community Identified ValuesAll applications should be submitted as a proposal from the SPONSOR along with the following items:Application Summary PageApplication Checklist, Narratives and Letters of SupportProperty Description, including proof of current ownership, legal description and maps.In order to apply for conservation funding the SPONSOR must be an Accredited Land Trust.?The SPONSOR shall submit the application on behalf of the Landowner(s) and any other project partners.?Applications submitted without a sponsoring land trust and approval of the land trust board of directors will be rejected. In addition, the package includes the criteria and rating system used by the Open Lands Board to evaluate applications and compare funding proposals.?It is recommended that SPONSOR carefully review these materials to ensure that all information is included in the application. While all of the information submitted will be utilized to evaluate an application, the Open Lands Board will utilize six main criteria to compare and rate applications (items 1 to 6 in the Application Checklist). When preparing your narrative addressing the criteria, please provide the information for each category and subcategory in the order listed.?If any of the subcategories do not apply, please indicate so in the narrative.?Please be aware that your proposal will be evaluated on its own merits and the absence of a particular subcategory does not mean that the project will not be approved for funding.?Incomplete applications will not be reviewed.?Applicants are advised that all materials submitted in the application become part of the public record.APPLICATION PROCESS INSTRUCTIONSLEVEL 1. APPROVALGallatin County Board of County Commissioners will approve a REQUEST FOR PROJECT APPLICATIONS FOR CONSERVATION PROJECTFUNDING FROM THE GALLATIN COUNTY OPEN LANDS PROGRAMThe request will state the amount of available funds that will be distributed during the funding cycle, the application criteria and the date applications are due.?County staff is available for consultation at any time during the application process.?Specific questions regarding application procedures should be directed via email to county staff.?County staff will give written answers to questions submitted during the application process.?Incomplete applications will be rejected and late applications, no matter how compelling the reason for their tardiness, will not be considered for funding in this grant cycle. Within 30 days after the close of the application cycle the program administrator will distribute complete applications to the Open Lands Board for review.?Open Land’s Board evaluates and reviews the application according to the Gallatin County Open Lands Program Criteria and the information supplied by SPONSOR.?Review will include a site visit and utilize information submitted by the LANDOWNER and sponsor.Open Lands Board meets with the SPONSOR at a scheduled meeting.?Issues from the review are raised and discussed.?The Open Lands Board will rank the projects based on the application criteria and the amount of funding available during the funding cycle. Within 90 days from the closing of the application cycle the Open Lands Board will submit to the program administrator a list of projects recommended for funding. The Commissioners will take up the recommendations at a public meeting and/or hearing that has been publically noticed.?The SPONSOR, Open Lands Board and any concerned member of the public shall be permitted to present information on the application.?At the end of consideration, the Commissioners shall take action to approve the application, to approve with conditions or to reject the application.Level TwoThe administrator shall issue an award letter to the sponsor of the approved projects along with a Grant Award Agreement that specifies the length of time the sponsor has to complete the project, the approved terms of the project and the amount of funding awarded to the project and the approval of the appraiser of record for the project.Any changes to the conditions of approval or timeframe for completion of the project must be done by amending the Grant Award Agreement.?SPONSOR submits Level Two documentation that includes due diligence items including: final appraisal, purchase agreement, conservation project documents, title commitment, environmental hazard survey, closing arrangements, and any other conditions specific to the Grant Award Agreement.?County Staff and County legal counsel shall review and comment on the project documents.?If the program administrator finds that any of the terms, conditions, valuations or commitments in the Grant Award Agreement or the Commission preliminary approval have significantly changed or have not been met, the project shall be returned to the Open Lands Board for review and recommendation before going to the Commission for final approval. When all documents have been finalized and if they conform to the Commissioner’s preliminary approval and grant agreement terms, the application materials and the Sale and Purchase Agreement (contract) shall be submitted to the Commission for approval, and routing through the county contract routing process for payment.If you have questions regarding the application requirements, review process, the scoring process or other aspects of the Gallatin County Open Lands Program, please contact the Gallatin County Conservation and Parks, 311 West Main, Room 304, Bozeman, MT 59715, 406-582-3178, mike.harris@gallatin..?Level One -Application for FundingGallatin County Open Space Grant ProgramPurchase of Conservation Project on Private Lands with Important Agricultural, Natural Resource and Community Identified ValuesSummary PagePROJECT NAME:SPONSOR:LANDOWNER(S):TOTAL ACRES OF PROPERTY:TOTAL ACRES PROPOSED UNDERPROJECT:ESTIMATED VALUE OF CONSERVATIONPROJECT:ESTIMATED VALUE OF PROPERTY:REQUESTED FUNDING FROM THE OPEN LANDS BOARD:LIST ANY STATE OR FEDERAL FUNDS THAT WILL BE INCLUDED IN THE PROJECT:Level One -Application for FundingGallatin County Open Space Grant ProgramPurchase of Conservation Project on Private Lands with Important Agricultural, Natural Resource and Community Identified ValuesApplication ChecklistThe following checklist is designed to aid you in putting together your application and in making sure that it is complete. Please make sure that you have provided all the information requested in this application packet for all 11 items.NarrativesFor items 1 through 7 provide a succinct narrative description of the information requested. While all of the information will be used to assess the merits of a proposal, items 1 through 6 relate to specific criteria that will be utilized by the Open Lands Board to compare and rate applications. The rating sheet for these items is included at the end of this packet.General Description. Provide a narrative describing the size of the ranch or property, the size of the area to be covered by the conservation project, the number of home sites that will be retained by the owners for future use and water rights appurtenant to the property. Sizable properties with a larger proportion of the property placed under conservation project, fewer retained home sites and water rights remaining with the land provide greater conservation benefit.1a. Size of Property or Ranch – what is the total acreage of the property or ranch, including deeded land, leased land, or permitted public land and what is the acreage of each category? 1b. Size of Conservation Project- what is the total acreage and percentage of the deeded land to be restricted by the conservation project?1c. Retained Home sites – Excluding the existing home sites on the property, how many additional home sites do you plan to retain in the conservation project?1d. Water Rights – What are the water rights appurtenant to the property? Are the water rights sufficient to continue the conservation values of the project? Are water rights sufficient to continue agricultural operation? Are water rights available for expansion of current agricultural operation? Provide a narrative describing the Quality of the Agricultural Resource and its Economic Viability. The purpose of this category is to determine the quality of the land resource for agricultural production and its potential to stay in agriculture, operating as an economic unit.2a. Soils Quality– what percentage of the soils in the deeded portion of the property are identified as prime, statewide importance and of local significance according to NRCS criteria?2b. Amount of Irrigated Land – what acreage and percentage of the proposed conservation project area is irrigated hay or cropland and/or sub-irrigated pasture? 2c. What is the current number and type of farm animals grazing the property. What is the number of Montana Grazing Animal Unit Months per NRCS definition the land can carry? What is the number of Montana Grazing Animal Unit Months per NRCS definition that have been carried on the property during the past 5 years? 2d. Average Annual Crop Production – what is the average annual production of hay and/or alfalfa (tons), wheat and/or barley (bushels) or potatoes (hundred weights) or other crops produced on the property?3. Provide a narrative describing the Quality of Natural Resources Important to Sustaining Wildlife, Natural Communities and Water Quality. The purpose of this category is to determine whether the property possesses important wildlife habitat and movement corridors, natural plant communities and water resources that help maintain the quality of surface water and underground aquifers.3a. Significant Habitat Diversity – does the property contain significant wildlife habitat and plant association types and diversity as defined and identified by MTFWP as the interspersion of the following vegetation communities: shrub/grassland, riparian, broadleaf forest, coniferous forest and agricultural lands? (If a letter from MTFWP is not available for documentation then cite the supporting plan or document.)3b. Significant Water Resource, Fishery or Recharge Area – does the property contain a perennial river, stream, water bodies or wetlands that constitute a significant water resource, fishery (according to MTFWP criteria) or aquifer recharge area? ? (If a letter from MTFWP is not available for documentation then cite the supporting plan or document.)4. Provide a narrative describing Multiple Community Values. The purpose of this category is to determine whether the property has significant recreational, scenic and public policy values important to the community.4a. Public Recreational Benefits – how does the property provide access to the public and who is responsible for the administration, management and maintenance of the public access? Public access under the terms and conditions of the landowner either for free or by fee? Public trail linkage, fishing access, access to public lands or hunting access through an easement or agreement administered and maintained by the landowner? Public access on the project property for specific activities such as hunting and fishing through an easement or agreement administered and maintained by a public entity. 4b. Scenic Values – is the property visible from a federal or state highway, primary county road, or minor county road, and is it considered to be within or near a publicly identified area as having scenic value?4c. Public Policy – is the property located in an area where the preservation of open space, agricultural or rural character is encouraged by an adopted land use plan or regulation? How the protection of this property is consistent with the intent, goals and policies of any applicable land use plans or regulations (please submit letter from local planning authority or department)? Are there pressures from encroaching development (please identify)?5. Provide a narrative describing Circumstances Affecting Continued Agricultural Operation and/or Maintenance of Natural Values and Functions. The purpose of this category is to determine if the property is located adjacent to working ranches or significant natural areas and to assess whether the likelihood of continued agricultural activity or protection of the natural area is high. 5a. Proximity to Other Operating Ranches or Properties with Significant Wildlife, Fisheries and Natural Qualities – is the property close to other ranches or significant wildlife /natural areas and if so, how close (in miles)?5b. Proximity to Other Ranches or Natural Area Properties Protected by Conservation Easements or to Public Lands – is the proposed conservation project close to other ranches or significant natural or wildlife areas that are either protected by conservation easements or are located near public lands?5c. Human Resources – is the ranch operated by family members and/or does it provide an opportunity for a new or existing rancher to create or expand an operation to make it more viable?5d. Continuation of Ranching Heritage: Length of Operation of Ranch by Same Family – how long has the same family been operating the ranch?6. Please provide a narrative regarding Project Leverage and Project Readiness. The Gallatin County Open Lands Board and County Commission seek to maximize the use of limited funds by leveraging other financial resources or additional protected property for each project. To evaluate leverage and project readiness, the Open Lands Board looks at information you provide concerning: 6a. Landowner’s Contribution and/or Purchase Terms – how much of the value of the conservation project will be contributed by a combination of partners including landowner, local government, state and federal governments, charitable foundations and non-profit land conservation organizations? 6b. Please identify what funding commitments have already been approved for this project. Are financial commitments available pending Gallatin County’s commitment; have application for matching funds been approved or committed to by project partners; or will the applications for matching funds will be submitted upon approval of Gallatin County commitment for funding? 6c. Please explain the current status of the purchase terms in relation to being ready to complete and close the project. Are the project terms and approvals required to complete the project such as project documents, mortgage subordination agreements, property owner commitments or option agreements complete or in final draft form and presented with the application. 7.Please provide a narrative regarding Hazardous Materials (as described by the federal government) that may or may not be located, used, or disposed of on the property. (Supporting Letters, Information and Maps) 8.Property Information requested on the accompanying Property Information Form including proof of current ownership, legal description, title and maps and supporting documentation provided.9.Please provide an estimation of value from a qualified Licensed General Real Estate Appraiser. It is recommended that your estimation of value letter be no more than six months old. We recognize that the term “estimation of value” may be different than the language or terminology for specific appraisal reports or terminology language that exists in the Uniform Standards of Professional Appraisal Practices (USPAP). Our language for compliance with Montana Law on valuation (7-8-2520 Montana Code Annotated) is specific to “estimated”. 10.Please provide a Letter of Recommendation from the Sponsoring Land Conservation Organization that discusses why your project should be approved.11. Please include a Letter from the LANDOWNER(S) describing why the proposal should be approved for funding. This is your chance to describe the importance of your proposal, how it meets the intent of the Gallatin County Open Space program and why it should be chosen above others. Property InformationApplication must include the following property information:Proof of Current Ownership. Please include a deed or other document that provides proof of current ownership of the property proposed for protection.Legal Description. Please provide the legal description for the property proposed to be protected. The legal description should include the proposed protection area and any adjacent land that is owned by any of the owners.Map and Supporting Documentation. Please provide a map (aerial photo, USGS quadrangle, County GIS, Plat) of sufficient size to clearly show the following types of information relating to the property proposed for protection.Property Boundary of property identified in legal description.Surrounding property within a one-mile radius of property boundary.Draft of Conservation Project Terms and map of proposed conservation project.Areas of deeded land leased land or permitted land (including identity of lessor or permitting party).Other easements or public land on adjacent properties.Locations of improvements showing houses, barns, outbuildings, fences, irrigation ditches and any other substantial structures.Locations of proposed reserved home sites.Areas of irrigated land and areas of crop cultivation.Rivers, streams, creeks, wetlands, natural areas and wildlife habitat.Public trails, proposed trails and public access to public lands or rivers.Locations of historic features.Federal or state highways, primary or rural county roads or roads designated by local governments as important scenic areas.Level Two -Application for FundingGallatin County Open Space Grant ProgramPurchase of Conservation Project on Private Lands with Important Agricultural, Natural Resource and Community Identified ValuesLevel Two Application ChecklistThe following eight items relate to due diligence and the transaction documents to complete the project. These should be provided if your application is approved for funding after Level One review. These items must be prepared according to any conditions attached to the Grant Award Agreement and approval of the Level One Application.1.The Conservation Project Document and Baseline Documentation Report2.The Title Commitment for the subject property and resolution of any title issues3.The Final Appraisal4.The Purchase Agreement5.An Environmental Hazard Survey concerning hazardous materials (as described by the federal government) that may or may not be located, used or disposed of on the property.6.Sale and Purchase Agreement and Assignment between the County, Sponsor, Landowner and any other participating parties. 7.A Mineral Remoteness letter, if the minerals under the property are owned by third parties, prepared by a qualified geologist in order to ensure that mining is unlikely to take place on the property in the future.8.A narrative describing the Closing Arrangements; where the closing is to occur, closing participants, settlement sheets, escrow arrangements if required, the cost of closing, etc.-6286517843500 Gallatin CountyOpen Lands Project Rating ChartINSTRUCTIONSThis project rating chart shall be used by Gallatin County and the Open Land Board (BOARD) members to rank and compare applications for funding. There are six major categories reflecting the goals of the Gallatin Open Lands Program. Each major category may have a maximum of 20 points, but must have a minimum of 8 possible points and the cumulative total must equal 100 points. The reviewer allocates points to the categories based on their judgment of the most important values. For example, if a reviewer allocates 20 pts each to categories 1 and 2(40 pts.) and 15 points to categories 3 through 5 (45 pts.) the total is 85, which means that category 6 can have a total of 15 points to equal 100 possible points. In order to be fair to all applicants in a review cycle, all applications must be judged on the same allocation of points to the categories and subcategories. The points available for a specific category should be placed in the box to the right of the category heading.Within each major category there are 2 to 5 subcategories. The number of possible points you allocate to a major category should be allocated among the subcategories.Each of the subcategories is further broken down into ranking criteria. Once the points available for each subcategory have been determined, points are awarded based on where the applicant falls within the range of criteria. Each board member may allocate points to each of the categories and subcategories in a way that they feel best represents their perspective of quality of the project. For example, for Category 1 you could assign 20 points to the category and assign five (5) points equally to each of the four (4) subcategories. You could then assign from 1 to 5 points to the ranking criteria under the subcategory. OrFor example, for Category 1 you could assign 20 points to the category and assign 16 points to subcategory 1a and assign one (1) point to subcategory 1b, 1c, and 1d. Remember, you must use the same scoring method for all projects in a particular funding cycle.In order to ensure you use the same scoring method and in order to record you individual scores for the individual applications you will need to fill out the INDIVIDUAL BOARD MEMBER SCORE AND RANKING FORM. The application ranking and selection process shall consist of two board meetings.The first board meeting the sponsor shall present the project to the board where the board shall ask questions as part of the scoring process. At the application selection board meeting projects will not be approved individually. All scores will be totaled for each project submitted for the funding cycle and their rank by score from highest to lowest will be reported. Individual board members shall submit their completed score and ranking forms for projects prior to or at the second board meeting. All forms submitted prior to the board meeting shall be included in the final ranking and approval process even if board member is not physically present at the meeting. At the second board meeting the Open Lands Board will vote to forward their recommendations for project funding to the County Commission. The recommendations for project funding must not exceed the amount of funding authorized for projects in the resolution calling for applications. Board members must be present to vote on the approval of projects.PROJECT SCORE SHEETPROJECT NAME: _________________________________BOARD MEMBER NAME: _________________________1. General Description Total Pts. Available Pts. Available for 1a, 1b, 1c 1d1a. Size of PropertyOver 1,200 acres800 to 1,199 acres400 to 799 acres 100 to 399 acres1b. Size of Property to be restricted by projectOver 800 acres600 to 799 acres400 to 599 acres200 to 399 acres100 to 199 acres1c.Number of Reserved Home sitesZero or One Two or ThreeThree or Four1d.Water RightsWater rights sufficient to sustain conservation values to be retained.Water rights sufficient to retain current agricultural operation.Water rights available for expansion of agricultural operation. #1 ScoreQuality of Ag. Resource and Economic Viability Pts. AvailablePts. Available for 2a, 2b, 2c, 2d2a.Soils Classified as Prime, Statewide Importance or Locally Significant by NRCSOver 80%50 to 79%30 to 49%10 to 29%2b. Amount of Irrigated LandOver 200 acres100 to 199 acres50 to 99 acres2c. Average annual AUM’s in past 5 years300 or more100 to 29975 to 992d. Average annual crop/hay production in past 5 yrs.Over 800 tons of hay/alfalfa and/or over 15,000 Bu. grainproduction and/or 65,000 Cwt. potatoes 600 to 799 tons of hay/alfalfa and/or 12,000 to 14,999 Bu.grain production and/or 55,000 Cwt to 64,999 Cwt. potatoes400 to 599 tons hay/alfalfa and/or 9,000 to 11,999 Bu, grainproduction and/or 45,000 Cwt. to 54,999 Cwt. Potatoes200 to 399 tons hay/alfalfa and/or 7,000 to 8,999 Bu, grain production and/or 30,000 Cwt. to 44,999 Cwt. Potatoes #2 Score3. Quality of Natural Resources Important to Sustaining Wildlife, Natural Communities and Water QualityPts. Avail.Pts. Available for 3a, 3b3a. Significant Habitat Diversity (according to Montana Fish, Wildlife and Parks)ExcellentGoodFair (local significance)3b. Significant Water Resource or FisheryPerennial River or Class 1 streamPerennial Stream or Creek or Class 2,3 or 4 Stream Lake, ponds or wetlands with a cumulativeTotal over twenty acres in size #3 Score4. Multiple Community Values Pts. AvailablePts. Available for 4a, 4b, 4c4a.Public Recreational Benefits – how does the property provide access to the public and who is responsible for the administration, management and maintenance of the public access? Public access under the terms and conditions of the landowner either for free or by fee? Public trail linkage, fishing access, access to public lands or hunting access through an easement or agreement administered and maintained by the landowner? Public trail linkage, fishing access, access to public lands or hunting access through an easement or agreement administered and maintained by a public or governmental entity?4b. Scenic ValuesFrom federal or state hwy. corridor or if identified in local plans or ordinances as having high scenic valueFrom primary county roadFrom minor county road4c. Public PolicyIn area where preservation of open space, agricultural or rural character is encouraged by adopted land use plan or regulationConsistent with the intent, goals and policies of applicableland use plans or regulations #4 Score5. Continuation of Agriculture and/or Natural Values Pts. AvailablePts. Available for 5a, 5b, 5c, 5d5a. Proximity to Other Ranches or Significant Wildlife or Natural Areas?SurroundedContiguous to one or moreWithin 1/2 mile5b. Proximity to other ranches or natural areas protected by conservation project or to public lands?ContiguousWithin 1/2 mileWithin 1 mile5c. Human Resources?Family members operate ranchOpportunity for new or existing rancher to expand5d. Continuation of Ranching Heritage: Ranch owned by same family for:Over 100 years75 to 99 years50 to 74 years25 to 49 years #5 Score6. Project Leverage and Project Terms Pts. AvailablePts. Available for 6a, 6b, 6c,6a. Project partners: Cost covered by partners?80% or more of the cost60 to 79% of the cost40 to 59% of the cost20 to 39% of the cost6b. Financial Commitments by Project Partners?All financial commitments are available pending Gallatin County’s commitment. Application for matching funds has been approved or committed to by project partnersApplication for matching funds will be submitted upon approval of Gallatin County commitment for funding. 6c. Project Terms and ApprovalsProject terms and approvals required to complete the project such as project documents, mortgage subordination agreements, property owner commitments or option agreements are complete or in final draft form and presented with the application. Project terms and approvals required to complete the project such as draft project documents, mortgage subordination agreements, property owner commitments or option agreements are drafted and presented with the application but are still being negotiated. #6 Score100 Total Points for Application ................
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