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A Resolution Establishing
Frederick County Conservation Easement Authority
WHEREAS, the Frederick County Board of Supervisors has established the Frederick County
Conservation Easement Program enabling the County to acquire conservation easements, voluntarily
offered by property owners, as a means of assisting in the preservation of farm and forest land, open
space, scenic vistas, historic sites, water resources, environmentally sensitive lands, and the county's
rural character; and,
WHEREAS, the Frederick County Conservation Easement Program calls for the creation of an
Authority to oversee and administer this program; and,
WHEREAS, the Public Recreation Facilities Authorities Act authorizes the establishment of an
Authority with the power to acquire, by gift or purchase, land or rights in land and to hold conservation
easements,
NOW, THEREFORE BE IT RESOLVED, that the Frederick County Board of Supervisors does
hereby establish the:
FREDERICK COUNTY
CONSERVATION EASEMENT AUTHORITY
Articles of Incorporation.
A. The name ofthe Authority is Frederick County Conservation Easement Authority. The address
of its principal office is 107 North Kent Street, Winchester, Virginia 22601.
B. The Authority is created under the Public Recreational Facilities Authorities Act, Chapter 56 of
Title 15.2 (§ 15.2-5600, et seq.), Code of Virginia.
C. The participating locality is Frederick County, Virginia.
D. The names, addresses, and terms of office of the initial members of the Board of Directors of
the Authority are:
NAME ADDRESS TERM ENDING
Richie Wilkins 13 S. Loudoun Street 3 years from the date of
Winchester, VA 22601 appointment
Philip B. Glaize, Jr. P.O. Box 2077 2 years from the date of
Winchester, VA 22604 appointment
Diane Kearns P.O. Box 2368 3 years from the date of
Winchester, VA 22604 appointment
Edgar C. "Bud" Good, Jr. 187 Sawlog Road 1 years from the date of
Gore, VA 22637 appointment
John Light 2973 Woodside Road 1 years from the date of
(Planning Commission member Winchester, VA 22624 appointment
Mrs. Barbara E. Van Osten 103 Coopers Lane 3 years from the date of
(Board of Supervisors Member) Winchester, VA 22603 appointment
Jim Lawrence Winchester Green Circle 2 years from. the date of
408 Marion Street appointment
Winchester, VA 22601
Todd B. Lodge 3654 Apple Pie Ridge Road 2 years from the date of
Winchester, VA 22603 appointment
C. Robert Solenberger Fruit Hill Orchard 1 year from the date of
P.O. Box 2368 appointment
Winchester, VA 22604-1568
E. The purposes of the Authority are to acquire and/or receive conservation easements, by
purchase, gift, or other conveyance; to hold and enforce conservation easements conveyed to
it; to administer the Frederick County Conservation Easement Purchase Program pursuant to
the ordinance establishing the Program; and to exercise any powers authorized by the Public
Recreational Facilities Authorities Act.
Board of Directors
A. The powers of the Authority shall be exercised by a Board of Directors of nine (9) members,
appointed by the Board of Supervisors, to be comprised of one (1) member from the Board of
Supervisors, one (1) member from the Planning Commission, and seven (7) citizen members.
The initial term of three (3) members shall be for one (1) year. The initial term of three (3)
members shall be for two (2) years. The initial term for three (3) members shall be for three (3)
years. Each term after the initial term shall be for three (3) years. Subsequent to the initial
appointment ofinembers, any vacancy on the Authority Board shall be filled by appointment of
the Board of supervisors. Members shall be eligible for reappointment.
B. Authoritymembers shall be knowledgeable in one or more ofthe following fields; conservation,
biology, real estate and/or rural land appraisal, accounting, farming, or forestry.
C. The Authority shall elect a chairman, vice-chairman, treasurer, and secretary at its first meeting
each calendar year.
D. The members of the Board shall serve without compensation.
Adopted this 24 day of August, 2005.
Richard C. Shickle
Bill M. Ewing
Gary W. Dove
Gina A. Forrester
Aye Gene E. Fisher Aye
Aye Barbara E. Van Osten Aye
Aye Lynda J. Tyler Aye
Aye
A COPY TESTE:
~......
J : .Riley, Jr., Cl
Board of Supervisor
Resolution No.: 013-05
COUNTY of FREDERICK
MEMORANDUM
TO: Board of Supervisors
FROM: Kris C. Tierney, Assistant County Administrato~/~
RE: Conservation Easement Authority and Program'' ``//
DATE: August ] 7, 2005
Kris C. Tierney
Assistant County Administrator
540/665-5666
Fax 540/667-0370
E-mail:
ktierney @co.frederick.va.us
Attached are two resolutions which would, l) establish the proposed Conservation Easement Programand
2) create an Easement Authority to oversee and administer the proposedprogram This resolution quite
simply sets out the title, intent and membership of the Easement Authority.
_ If adopted, the Easement Program would establish a mechanism for the County to accept donated
easements on land which the Easement Authority and the Board of Supervisors have determined to be of
conservation value to the County. Once an easement is in place itwould prohibit certain activities outright,
and strictly limit the potential for commercial or residential development on the eased property. The
proposed Ordinance also contains provisions that would enable the Board of Supervisors, at some point
in the future, to provide funding for the programsuch that landowners might receive compensation. from
the County for the value of an easement they voluntarily grant to the County.
Please let me know if I can answer any questions.
C:\Documenis and Settings\7P'I\My Documents\Boazd oFSUpmieolsVCesolutions\easementpmgam&autltodtycovexmemo.wpd
107 North Kent Street Winchester, Virginia 22601