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Open Space Advisory Board <br />Minutes <br />March 11th 2015 <br />Page 5 of 8 <br />extra credits for their easement. Owners can then exchange their credits. Christopher <br />commented that these programs are nice because they create the market. <br />Who starts the conversation with a landowner? <br />Janis said it is always done through a land officer. She said they try to have a <br />diversity of styles and approaches. The land officer maintains a file for each account. <br />Boulder County has a land officer who is in the process of retiring and they are currently <br />slowly transferring all of his accounts. <br />Joy said the first point of contact is usually a Planner. When the Planner talks to <br />the landowner, they find out if they have a willing seller. The real estate officers are the <br />ones who maintain the relationship over time. <br />Tom asked how they handle an unwilling seller, who cannot sell on the open <br />market. Sarah answered that they sometimes can convince an unwilling seller to do a <br />right of first refusal. Joy and Janis said that they also do right of first refusals and <br />purchase options, but they can be complex and difficult to negotiate. Joy said that <br />Boulder County retains relationships with landowners, even those who have their <br />properties on the market for years. She emphasized that it is very important to retain <br />those relationships, as ownerships can change with family generations, and things can <br />change substantially between generations. <br />Tom asked how much does a right of first refusal cost? Janis said that they are <br />nominal. Options cost more, since they have to be paid over time, and the payments <br />may or may not go towards the final purchase. Options hold the property off the market. <br />Joy said that Jefferson County is bound, such that when they use open space funds, <br />they are required to get some option on the property. Usually the phased purchase of <br />properties mean they buy chunks of the land parcel over time, eventually purchasing the <br />whole parcel. <br />Jeff asked whether they do installment purchases. Joy and Janis answered that <br />they will sometimes do phased purchases. <br />Spencer asked whether the city governments within Jefferson County also have <br />their own open space funds. Joy answered yes, and added that the city governments <br />also get to share the county open space funds, allocated as a percentage of registered <br />drivers. <br />Christopher asked about properties' mineral rights, and how they can affect <br />conservation acquisitions deals. Janis answered that Boulder County requires the <br />mineral rights accompany a land sale, if the rights are held by the landowner. But they <br />often will buy land that doesn't include the mineral rights. They have to negotiate <br />surface rights. <br />Closing comments? <br />Joy stressed the importance of communication. She thinks that an organization <br />needs a nexus: a person or core group who always knows what is going on. If you don't <br />have that organization and that continuity, you'll annoy the landowner, and won't get the <br />deal. <br />Janis also stressed the importance of communication. Often you need to make <br />sure that you are communicating with more than one landowner or shareholder during a <br />deal. She values face -to -face communication most of all, especially getting groups of <br />landowners /shareholders together in one room to listen to you, and (sometimes more <br />importantly) each other. <br />6 <br />