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CEA 02-28-08 Meeting AgendaCOUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 i MEMORANDUM -11 TO: Conservation Easement Authority FROM: Amber Powers, Planning Tecluiician A9, RE: February Meeting DATE: February 21, 2008 The Frederick County Conservation Easement Authority will be meeting on Thursday, February 28, 2008 at 5:00 a.m. in the Board of Supervisor's Meeting Room in the County Administration Building, 107 North Kent Street, Winchester, Virginia. The Conservation Easement Authority will discuss the following agenda items: AGENDA 1. January 2008 Minutes. 2. FDR Update. 3. Conservation Easement Updates. 4. Conflict of Interest Policy Opinion Update. 5. Brief Update from the Potomac Conservancy by Kelley Watkinson. (Tentatively Scheduled) 6. Chairette / Discussion of Target Areas for Preservation and Outreach. 7. Bylaws Review / Revision. 8. Review Design Ideas for Plaque / Sign Program, and Form a Workgroup. 9. Event Planning Workgroup for Spring and Sunrnmer Events. 10. Review latest draft of CEA contribution to the 2008 Comprehensive Plan. 11. Other Please contact the Planning Department (665-5651) if you are unable to attend this sleeting. ALP/bad Attachments 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 MEETING MINUTES OF THE FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY Meld in the Executive Session Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 10, 2008 at 8:00 a.m. PRESENT: Jim Lawrence; John Gavitt; Robert Solenberger; John Light; Diane Kearns, Vice Chairman; Todd Lodge; and Ritchie Wilkins, Chairman ABSENT: Phil Glaize, Board of Supervisors Liaison position currently vacant STAFF PRESENT: Eric R. Lawrence, Director; Amber Powers, Planning Technician OTHERS PRESENT: -- PUBLIC MEETING: Item 1 - Minutes and Agenda The minutes of the November 29, 2007 meeting were approved as presented. The Agenda for the January 10, 2008 meeting was approved with the additional item: Election of Officers and Board Liaison Discussion. Item 2 - Election of CEA Officers and Discussion of Board Liaison Appointment Diane Kearns was elected as Chairman, Ritchie Wilkins was elected to the position of Vice Chairman, and Jim Lawrence was elected as the Treasurer for 2008. It was also announced that Chairman Shickle of the Board of Supervisors has named Mr. Gene Fisher as the Board Liaison for the CEA. Item 3 - National Fruit Donation The CEA has received National Fruit's $2,000 donation frons the October Fundraising Event. Item 4 - The CEA contribution to the Comprehensive Plan Update for 2008 It was mentioned and agreed that the update in its current seven -page form may not be approvable. The sections specifically outlining conservation tools permitted by the state, but not currently enabled by the county may need to be removed in order to present a leaner and more realistic view of the county's vision for conservation over the next several years. Item 5 - PDR Update There is no new information to be shared. Item 6 - Conflict of Interest Policy Opinion While the CEA must adhere to the state's Conflict of Interest Policy (CIP), it was agreed that a summary of the state's CIP in laymen's terms would be valuable both for members and the general public. Staff will seek assistance from the county attorney in summarizing, or finding an existing summary of the state's CIP for use by the CEA. Item 7 - Conservation Easement Updates Staff reported that several people had inquired about establishing a conservation easement on their land. Of these, two landowners appear to be quite serious and one of them will likely move forward within the next few months. Members agreed that their efforts to inform county residents of their options may be behind the increased interest. Item 8 - Discussion Regarding a Direction and Mission for the CEA in 2008 Encouraged by the easement updates, and in light of the apparent limits to direct conservation easement acquisition/coordination or financial support from the county, it was agreed that the first step and most effective action to be taken in 2008 would be to further expand the CEA's informational outreach programs. Plaque /Sigh Program Members discussed partnering with the HR -AB in future public informational meetings as well as establishing a Conservation Easement Plaque program similar to the HRAB's plaque programa. The CEA plaques/signs would recognize privately held Easements throughout the county and language on the plaque would express the county's endorsement of the property owner's casement efforts. The purpose would be to expand public awareness of Conservation Easement benefits by linking the relatively abstract concept of an easement directly to the land it preserves. John Light will bring ideas for the plaque/sign design to the meeting in February. It was also agreed that the Donation from National Fruit could in part support this prograrn. CEA Member Seminars It was also agreed during the meeting that in addition to public seminars, it is important that guest speakers and experts speak at the CFA's monthly meetings. Topics would include technical information about Easements, Tax incentives, and PDR programs, as well as discussions on how to improve public awareness through various marketing ideas. Some of the potential Guest Speakers mentioned included: • A Representative from the Piedmont Environmental Organization. • Kathryn Pfeiffer Valley Conservation Council's Field Staff Member. • Kelly Watkinson, of the Potomac Conservancy's Director of Headwaters Conservation. • Jesse Richardson representing the Virginia Cooperative Extension for Agricultural and Forestal Districts. • Members also considered the possibility of having at least one person attend the National Land Conservation Conference Rally, September 18-21, 2008 in Pittsburgh. 2 Puhlie Outreach In addition to continuing with public seminars, members discussed ways to engage; the public in meaningful ways. To this end, members offered these ideas: • After -Easement Stories shared with neighbors of the new easement holder discussing their reasons, general benefits etc, ia,ilh landowner consent. • After -Easement Stories in local papers and media rvith landoit,ner co»selrt. • "Easement Recorded" General Announcement ii,ith lancla}vner anonymous. • Local Foods Dinner (Potential Summer Fundraiser?). • include the CEA Pamphlet in certain mailings from the county. Item 9 - Next Meeting • Staff will arrange for a guest speaker as the first of a series of expert speakers to be invited to the CEA's monthly meetings. • Members also expressed an interest in taking the first steps toward creating a prioritized "list" of key localities to target during future infoiniational events. Staff will bring maps of the county and supplies for this charrette. • Finally, Staff will bring a collection of potential marketing tools to the February meeting for review by CEA. members. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 9:30 a.m. Respectfully submitted, Diane Kearns, Chairman Eric R. Lawrence, Secretary 3 February 20, 2008 CEA Member- Cham-ette At the January meeting, members expressed an interest in taking the first steps toward creating a prioritized "list" of key localities to target during future informational events, and conservation efforts. The following maps provide information regarding the location of prime agricultural soils, landmarks listed on the National Registry of Historic Places, and the locations of parcels still large enough to be considered for protection by state and/or local conservation organizations. Larger maps will be available at the meeting along with information from the Frederick County Historic Resources Advisory Committee and Environmental workgroup corimlittee. Corseva'lon Easa�wnls -- - - - ,' Local. State and I:atimal Packs Landmarks NRNPIVLR ! I Fragmonle d Parcels (under 15 acres) �w Local Focus (15 - 30 acres) �w .w LocalfRegional Focus (30 -IDD acres) •_'t / State VOF Focus (100 - 200 acres) R��• f `\�� 1 Slate VOF Focus (200+ acres) - ; • _ �`e South Frederick Ag District ❑ouble Church Ag UslricE Fretr�5cls 1 .. _ .. _ .. _ _ •, r2 UbarrDevcloTrrmlArea % - a° M Sstig& Wates Sm..Lehea WI I., F /_ ! �l 'v r .-. A 4% IQ l` l Gonsr�oaEas�rnts -- -- - - Lord, Slate andltaYona! Pa$s Landmarks NRHP f VLR Fragmented Parcels (under 15 acres) •� Local Focus (15 - 30 acres) r • r`. LocalRiegional Focus (30 - 104 acres) Y N State VOF Focus (100- 200 acres)�� State VOF Focus (200+ acres) South Frederick Ag Qjstrlct Doub!e ChucehAg District '� • _ '(( �l " ��`� Ninesuis rtJ �� • • - = Fragmentation of Land Pareslsunder30acres VAConservation Easements Frederick County; � MLocal, State and National Parlis - UrbanDevelopmentArca N • • `" " Sewer Sc Water Service Area /��.(j�� Ws�� E. 5 Fragmentation of Land Parcels Under 100 acres Frederick County, VA Coase!-s�atiau 1;nsc[[leuts Local, State and National Parks �J Urban Development Area ..... .Sewer & Water Service JrCiF'ICC Area r Nv t. S February 20, 2008 CEA Bylaws The following is a draft of the CEA Bylaws submitted by John Gavitt for consideration, (no other member comments were received). Changes and comments are indicated to the right of the text. Please familiarize yourself with the suggested changes as well as the current bylaws and please come prepared with any specific suggestions you may wish to recommend to the group. It would be appropriate for members to discuss these or other changes and vote for the approval of a set of bylaws for the Authority. L CONSERVATION EASEMENT AUTHORITY County of Frederick, Virginia (adopted January_, 2008) ARTICLE I — AUTHORIZATION 1-1 The Frederick County Conservation Easement Authority is established by and in conformance with Chapter 68 of the Code of Frederick County, and under the Public Recreational Facilities Authorities Act, Chapter 56 of Title 15.2 (§ 15.2-5600, et seq.) Code of Virginia 1-2 The official title of this body shall be the Frederick County Conservation Eascinent Authority, hereinafter referred to as the "Authority". ARTICLE 11— PURPOSE 2-1 The purposes of the Authority are to acquire and/or receive -conservation easements, by purchase, gift, or other conveyance or to help facilitate the acquisition or receipt of conservation easements by other authorized organizationy,; to hold and enforce conservation_ ---------- Deleted: ; 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. ARTICLE III — MEMBERSHIP 3-1 The membershipniethods of appointment and terms of office shall be determined by the Authority, and approved bhe Frederick County Board of Supervisors. -1- Deleted: of the Authority shall be determined by the Frederick County Board of Supervisors. M ARTICLE IV — OFFICERS 4-1 Officers of the Authority shall consist of a Chairman, Vice -Chairman, Treasurer and Secretary. The Chairman, Vice-Chainnan and Treasurer shall _e voting members of the Authority_ The.Secretary shall be a member of the Authority or a county_ employee. In the .-..- Deleted: must - __ _ former case, the Secretary shall be a voting member of the Authority. Deleted: secretary 4-2 Selection 4-2-1 The officers noted in 4.1 shall be elected by the voting members of the Authority at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor at the first meeting of the calendar year. Elections of officers shall follow immediately. A candidate receiving a majority vote of a quorum present at the meeting hall be declared elected. Deleted: the entre voting n,ernbersbip 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. 4-3-1-2 Rule on procedural questions. A ruling on a procedural question by the Chairman shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-3 Report official communications. 4-3-1-4 Certify official documents involving the authority of the Authority. 4-3-1-5 Certify minutes as true and correct copies. -2- 4-3-1-6 Carry out other duties as assigned by the Board of Supervisors and the Authority. 4-3-2 The Vice -Chairman shall: 4-3-2-1 Assume the full powers of the Chairman in the absence or inability of the Chairman to act. 4-3-2-2 Carry out other duties as assigned by the C hairnan. 4-3-3 The Treasurer shall: 4-3-3-1 Be responsible for the safekeeping of all funds of the Authority. 4-3-3-2 Maintain and report on the fmancial records of the Authority. 4-3-3-3 Pay approved bills. 4-3-4 The Secretary shall: 4-3-4-1 Ensure that attendance is recorded at all meetings. 4-3-4-2 Ensure that the minutes of all Authority meetings are recorded. 4-3-4-3 Notify members of all meetings. - 3 - Deleted: Board of Supervisors and the Authority Chairman 4-3-4-4 Prepare agendas for all meetings. 4-3-4-5 Maintain files of all official Authority records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-4-6 Give notice of all Authority meetings, public hearings and public meetings. 4-3-4-7 Provide to the Board of Supervisors reports and recommendations of the Authority. 4-3-4-8 Attend to the correspondence necessary for the execution of the duties and functions of the Authority. 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year teen or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the quorum of the Authority -present at the meeting where such a vote takesIp ace . In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the Chairman and the vice -Chairman from any meeting, the Authority shall elect -9m among its _ __ _ Deleted: designate members. by majority vote of a quorum present, a temporary Chairanan who shall act for that meeting in the absence ofthe Chairman or vice -Chairman. ARTICLE V — MEETINGS 5-1 Regular meetings shall be held at the time and place set by the Authority at the first meeting of each calendar year. 699 -4- Special meetings may be called by the Chairman or by the Secretary after due notice and publication by the Secretary. 5-3 Notice of all meetings shall be sent by the Secretary with an agenda at least five days before the meeting. 5-4 All meetings of the Authority shall be open to the public except for Closed Sessions held in accordance with the provision specified of the Code of Virginia, 1950, as amended. ARTICLE VI — VOTING 6-1 A majority of voting members shall constitute a quorum. No formal action shall be taken or motion made unless a quorum is present. 6-2 No formal action of the Authority shall be valid unless authorized by a majority vote of a quorum present and voting. ARTICLE VII — OPERATING RULES 7-1 Order of Business 7-1-1 Call to Order 7-1-2 Consideration of Minutes 7-1-3 Public Hearings 7-1-4 Public Meetings 7-1-5 Discussions 7-1-6 Citizen Continents on Items not on the Agenda 7-1-7 Other 7-1-8 Adjournment 7-2 Minutes Deleted: those 7-2-1 The Authority shall keep minutes of each meeting. The Chairman and Secretary shall sign all minutes following approval by the Authority certifying that the minutes are true and correct. 7-3 Procedures 7-3-1 Parliamentary procedure in the Authority meetings shall be governed by Robert's Rules of Order, except where otherwise specified in these procedures. 7-3-2�........ ------------- 7-3-3 Business items on the agenda shall be considered using the following procedures: 7-3-3-1 Report by County Staff 7-3-3-2 Presentation by Applicant 7-3-3-3 Citizen Comment 7-3-3-4 Rebuttal by Applicant 7-3-3-5 Discussion by Authority 7-3-3-6 Motion and Action by Authority 7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia, 1950, as amended, or the Code of Frederick County. In other cases, the Chainnan may allow public comment. 7-3-5 The Authority members may ask questions of clarification and information after the staff report, applicant presentation and citizen comment. 7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the Authority and are to be kept on file by the Secretary. Such items need not be made part of the published minutes. Comment: Draft minutes should never be made available to the public. Deleted: Minutes made available to the public ... prior to formal approval by the Authority shall be clearly identified as a draft _ .. version of the meeting Comment: Why is this provision necessary? And why are recommendations to the BOS placed in such a special category? Deleted: Whenever an agenda item involves a recommendation to the Board of . . . . Supervisors, the Authority shall continue to consider the item until a definite ... recommendation is made. If a motion has been made and defeated, additional,¶ different motions may be made concerning the item under consideration 7-3-7 Public Hearings 7-3-7-1 The Authority shall hold public hearings on all items which require a motion to accept a Conservation Basement. 7-3-7-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 7-3-7-3 The Authority may hold public hearings on any matter which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. 7-3-8 Tabling 7-3-8-1 The Authority shall have the authority to table agenda items if any one of the following situations occurs: A) The agenda item does not meet the requirements of the Code of Virginia, 1950, as amended, B) The agenda item does not meet the requirements of the Code of Frederick Counl . C) Insufficient information has been provided for the agenda item. D) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. E) The applicant provides the Authority with a written request to table the agenda item. F) The Authority is advised of an emergency situation that prevents attendance by applicant. G) The applicant fails to appear at the meeting in which the application has been advertised to appear. 7-3-8-2 The applicant shall be permitted to request that an agenda item be tabled from a scheduled Authority meeting. 7-3-8-3 An application that has been tabled for an unspecified period of time shall be re -advertised for consideration by the Authority once the following steps have been completed: -7- Al - B) The applicant has provided all required information to the Authority which addresses all concerns of the Authority 7-3-8-4 The Authority shall have the authority to act on an agenda item that has been tabled when the agenda item has been re -advertised for a subsequent Authority agenda. ARTICLE VIII — AMENDMENTS 8-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice. 8-2 The Authority shall conduct an annual review of these bylaws to ensure their accuracy. All amendments to these bylaws shall be considered by the Authority in November of each calendar year. The Authority shall adopt their bylaws during the first meeting of each calendar year. -8- Comment: Why would this result in tabling of a motion? Deleted: The applicant has requested in writing that the agenda item bc� .... . considered by the Authority. CONSERVATION EASEMENT AUTHORITY County of Frederick, Virginia (adopted January 25, 2007) ARTICLE I — AUTHORIZATION 1-1 The Frederick County Conservation Easement Authority is established by and in conformancewith Chapter 68 ofthe Code of Frederick Coun , and under the Public Recreational Facilities Authorities Act, Chapter 56 of Title 15.2 (§15.2-5600, ct seq.) Code of Virginia 1-2 The official title of this body shall be the Frederick County Conservation Easement Authority, hereinafter referred to as the "Authority". ARTICLE H — PURPOSE 2-1 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. ARTICLE III — MEMBERSHIP 3-1 The membership of the Authority shall be determined by the Frederick County Board of Supervisors. Methods of appointment and terms of office shall be determined by the Frederick County Board of Supervisors. ARTICLE IV — OFFICERS 4-1 Officers of the Authority shall consist of a chairman, vice-chairman, treasurer and secretary. The chairman, vice-chairman and treasurer must be voting members of the Authority. The secretary shall be a member of the Authority or a county employee. 4-2 Selection 4-2-1 The officers shall be elected by the voting rnernbers of the Authority at the first meeting of the calendar year. 4-2-2 Nomination of officers shall be made from the floor at the first meeting of the calendar year. Elections of officers shall follow immediately. A candidate receiving a majority vote of the entire voting membership shall be declared elected. 4-3 Duties 4-3-1 The Chairman shall: 4-3-1-1 Preside at meetings. -1- 4-3-1-2 Rule on procedural questions. A ruling on a procedural question by the chairman shall be subject to reversal by a two-thirds majority vote of the members present. 4-3-1-3 Report official communications. 4-3-1-4 Certify official documents involving the authority of the Authority. 4-3-1-5 Certify minutes as true and correct copies. 4-3-1-6 Carry out other duties as assigned by the Board of Supervisors and the Authority. 4-3-2 The Vice -Chairman shall: 4-3-2-1 Assume the full powers of the chairman in the absence or inability of the chairman to act. 4-3-2-2 Carly out other duties as assigned by the Board of Supervisors and the Authority Chairman. 4-3-3 The Treasurer shall: 4-3-3-1 Be responsible for the safekeeping of all funds of the Authority. 4-3-3-2 Maintain the financial records of the Authority. 4-3-3-3 Pay approved bills. 4-3-4 The Secretary shall: 4-3-4-1 Ensure that attendance is recorded at all meetings. 4-3-4-2 Ensure that the minutes of all Authority meetings are recorded. 4-3-4-3 Notify members of all meetings. 4-3-4-4 Prepare agendas for all meetings. 4-3-4-5 Maintain files of all official Authority records and reports. Official records and reports may be purged in accordance with applicable state codes. 4-3-4-6 Give notice of all Authority meetings, public hearings and public meetings. 4-3-4-7 Provide to the Board of Supervisors reports and recommendations of the Authority. 4-3-4-5 Attend to the correspondence necessary for the execution of the duties and functions of the Authority. -2- 4-4 Term of Office 4-4-1 Officers shall be elected for a one-year term or until a successor takes office. Vacancies shall be filled for an unexpired term by a majority vote of the Authority. In such cases, the newly elected officer shall serve only until the end of the calendar year or until a successor takes office. 4-5 Temporary Chairman 4-5-1 In the event of the absence of both the chairman and the vice-chairman from any meeting, the Authority shall designate from among its members a temporary chairman who shall act for that meeting in the absence of the chairman or vice-chairman. ARTICLE V — MEETINGS 5-1 Regular meetings shall be held at the time and place set by the Authority at the first meeting of each calendar year. 5-2 Special meetings may be called by the chairman or by the secretary after due notice and publication by the secretary. 5-3 Notice of all meetings shall be sent by the secretary with an agenda at least five clays before the meeting. 5-4 All meetings of the Authority shall be open to the public except for Closed Sessions held in accordance with the provision specified of the Code of Virginia, 1950as amended. ARTICLE VI -- VOTING 6-1 A majority,of voting members shall constitute a quorum. No action shall be taken or motion made unless a quorum is present. 6-2 No action of the Authority shall be valid unless authorized by a majority vote of those present and voting. ARTICLE VII —OPERATING RULES 7-1 Order of Business 7-1-1 Call to Order 7-1-2 Consideration of Minutes 7-1-3 Public Hearings 7-1-4 Public Meetings 7-1-5 Discussions 7-1-6 Citizen Comments on Items not on the Agenda 7-1-7 Other 7-1-8 Adjournment 7-2 Minutes 7-2-1 The Authority shall keep minutes of each meeting. The Chairman and Secretary shall sign all minutes following approval by the Authority certifying that the minutes are true and correct. Minutes made available to the public prior to formal approval by the Authority shall be clearly identified as a draft version of the meeting. 7-3 Procedures 7-3-1 Parliamentary procedure in the Authority meetings shall be governed by Robert's Rules Order, except where otherwise specified in these procedures. 7-3-2 Whenever an agenda item involves a recommendation to the Board of Supervisors, the Authority shall continue to consider the item until a definite recommendation is made. If a motion has been made and defeated, additional, different motions may be made concerning the item under consideration. 7-3-3 Business items on the agenda shall be considered using the following procedures: 7-3-3-1 Report by County Staff 7-3-3-2 Presentation by Applicant 7-3-3-3 Citizen Comment 7-3-3-4 Rebuttal by Applicant 7-3-3-5 Discussion by Authority 7-3-3-6 Motion and Action by Authority 7-3-4 Public comment shall be allowed in all cases required by the Code of Virginia, 1954, as amended, or the Code of Frederick County. In other cases, the Chairman may allow public comment. 7-3-5 The Authority members may ask questions of clarification and infornation after the staff report, applicant presentation and citizen comment. 7-3-6 Petitions, displays, documents or correspondence presented at a meeting may be made part of the official record of the meeting by motion of the Authority and are to be kept on file by the secretary. Such items need not be made part of the published minutes. 7-3-7 Public Hearings 7-3-8 Tabling 7-3-7-1 The Authority shall hold public hearings on all items Nvhich require a motion to accept a Conservation Easement. 7-3-7-2 The Chairman may establish special rules for any public hearing at the beginning of said hearing. These rules may include limitations on the time of staff report, applicant presentation and citizen comment. 7-3-7-3 The Authority may hold public hearings on any matter which it deems to be in the public interest. In such cases, the public hearings shall follow all procedures described for public hearing in these bylaws. -4- 7-3-8-1 The Authority shall have the authority to table agenda items if any one ofthe following situations occurs: A) The agenda item does not meet the requirements of the Code of Vir„zinia, 1950, as amended. B) The agenda item does not meet the requirements of the Code of Frederick County. C) Insufficient information has been provided for the agenda item. D) Issues or concerns that arise during formal discussion of the agenda item warrant additional information or study. E) The applicant provides the Authority with a written request to table the agenda item. F) The Authority is advised of an emergency situation that prevents attendance by applicant. G) The applicant fails to appear at the meeting in which the application has been advertised to appear. 7-3-8-2 The applicant shall be permitted to request that an agenda item be tabled from a scheduled Authority mceting. 7-3-8-3 An application that has been tabled for an unspecified period of time shall be re -advertised for consideration by the Authority once the following steps have been completed: A) The applicant has requested in writing that the agenda item be considered by the Authority. B) The applicant has provided all required information to the Authority which addresses all concerns of the Authority. 7-3-8-4 The Authority shall have the authority to act on an agenda item that has been tabled when the agenda item has been re -advertised for a subsequent Authority agenda. ARTICLE VIII — AMENDMENTS 8-1 These bylaws may be amended by a majority vote of the entire voting membership after thirty days prior notice. 8-2 Authority shall conduct an annual review of these bylaws to ensure their accuracy. All amendments to these bylaws shall be considered by the Authority in November of each calendar year. The Authority shall adopt their bylaws during the first meeting of each calendar year. -5- February 20, 2008 Plaque / Sign Program On the following page you will find six examples of easement _ related plaques and signs used in other communities that we may also wish to consider as we move foreword with a plaque program for recognizing privately -held easements within our county. Points to consider: • Language on the plaque would express the county's endorsement of the property owner's easement efforts. • The purpose would be to expand public awareness of Conservation Easement benefits by linking the relatively abstract concept of an easement directly to the land it preserves. o Signs should be visible from public right-of-way, o Should provide information about the easement, (private / public access) and acknowledge the • Organization holding the easement • The person who made the donation (if desired) County's approval of and/or contribution to the easement '=1 k Co\sERVnTIQ.\ E•1SE',SE\T x _ 1 } �>�L. 1+•1: Int RED LINE DRAFT Open Space Conservation Frederick County has experienced unprecedented papulation ,",'ro th and accelerated fa4es e Consistent {groNvRh In land development . over the past decade. These changes have brought to fore specific concerns and challenges related to maintaining the rural context and cultural and agricultural value of county within developing areas. In response to these challenges, the county has increased its efforts to improve established guidelines that preserve the aesthetic beauty of rural landscapes and the rural and agricultural character of the county. These guidelines recognize the many economic and quality -of -life benefits of open space, and promote land conservation as an essential component of any future land development plan in the county. The Frederick County Conservation Easement Authority (CEA) was established in 2005 to lead the community's conservation. efforts. The CEA operates under the provisions of the Open Space Land Act, Chapter 17, Title 15.2 of the Code of Virginia, and is charged with "assisting in shaping the character and direction of development, promoting tourism through the preservation of scenic and historic resources, and assisting in preserving the quality of life for the inhabitants of the county." The Need for Open Space and Land Conservation Open Space Protects Environmental, Agricultural, and Community Assets for the Future: • Unlike policy -based environmental protections, land conservation offers long term, and at times permanent protection to important natural resources within the county. This includes the preservation of: • critical ecosystems • cultural & historic areas • mater resources • public access to lakes, streams • natural landmarks • recreation areas & trails • agricultural & forest lands • scenic highivays & corridors TheArea's Farmland & Rural Character are Economically Valuable: • Protected farmland and open space enhance the value of nearby residential property, and significantly contributes to local tourism. • Local farmland and its produce are also likely to grow in value as the cost of transportation rises, and the market for locally grown produce expands. 1 • Farm and forest land requires little or no public services: Figure ## Frederick County's Median Cost of Services Per Tax Dollar Raised $1.50 $1.19 $1.00 - $0.50 $0-29- $0.37 $0.00 Commercial & Working & Residential Industrial Open Land (Source: AFT`s Cost of Community Service Studies 2003) 1Vote: The cost of $0.37 pet, dollar of revenue raised for "Wo?•king and Open Lund" is the cost after land -use tax adjustment. According to the 2002 US Censits of Agriculture, farmland including cropland, woodland, and pastures, made up 41 percent of Frederick County's total acreage. Agriculture is a cornerstone of Frederick County's history, and remains an important part of its future. This is particularly true of the County's apple production. The county ranked first in the state and twelfth in the couriti-y for apple production in the 2002 census, with 7,442 acres of farmland devoted to orchards. As recently as 1997, Frederick County's orchards covered 10,058 acres. The loss of 26 percent of the county's orchards in a span of just five years (from 1997-2002) is, in part the result of residential and commercial land development. Open Space and Farmland is at Risk in Frederick County: • Rising land costs, rising prepeFlymss; are contributing to the growing residential and commercial development pressures that are eroding Frederick County's open space. 0 The aging -out of many farmers and the farm -as -pension -fund approach to retirement is also putting farmland at risk to development pressures. It is expected that more than 70 percent of Virginia farmland and a significant percentage of farm businesses will be transitioned over the next decade, according to economists at Virginia Tech. According to the 2002 US Census of Agricultural, the average fariner in Frederick County was 56.7 years old, an increase from 55.8 years at the time of the 1997 census. Many of these farmers will seek to liquidate land holdings in order to fund their retirements. 2 Figure ##: Rural Land Use Statistics for Frederick County (Soaave: US Census of Agriculture 2002) Historic Land Value —Land Value adjusted Per Acro of Farmland in torin9ation (2002 CPI) Frederick County Unadjusted Land Value S4,000.00 $3.500.0a $3,000.00 — - $2,500.00 - $2,000.00 $1,50000 _ - $1,000.00 $500.00 --- -- S- , ^ per $ R h b, 9b t'`DIb h°j�ah�10h9�tih��7 R9gti�°ja'1.'v�ti Farms in Frederick County 2500 2000 — 1500 1000 500 0 h°JrO� Open Space can Promote Efficient Land Use and Transportation Patterns: • Open space can be used to guide the path of urban and suburban development by defining community service areas, preserving a clear boundary between cities or towns and the countryside, and buffering residential and non-residential development. By guiding land use towards more efficient patterns of development, land conservation also significantly reduces a community's traffic congestion, and traffic - related air pollution. Land conservation can maintain a region's sense of place and the local character of communities. It can enrich transportation networks by improving and expanding options available to pedestrians and cyclists. It can be used to create valuable links between existing residential and commercial developments, public facilities such as schools, and the surrounding rural landscape. Passive Recreation Facilities are a Community Asset: • Passive recreational activities such as hiking, fishing, and horseback riding require minimal Ievels of public maintenance or development. They do however significantly contribute to the health and quality of life of local residents. In recognition of these and other benefits, Frederick County should facilitate the creation of a network of protected land within the county. This may ►+rst begin with an inventory of the county's existing forestal lands, farmland, waterways and open paees to detafffline ..-4,.I, areas should b prioritized fef eenserAla44,mi. The decision, however, to place an easement on the land remains with the property owner, and they are not obligated to do so. Likewise, a landowner may still place an easement on his or her property even if the CEA and Board of Supervisors choose not to acquire the easement. The CEA may request a nian ax-e-F�—meeting with a landowner or developer during the planning approval process for the project in order to promote the community's conservation interests. While conservation easements are the method of preservation outlined in the Open Space Land Act, there are other preservation tools available to Frederick County, several of which are identified in the following section. These methods should may be considered by the county as a means of maximizing the public dollars devoted to land preservation, and accommodating the needs of each individual landowner. Methods of Open Space Preservation/Acquisition aWit C. - Y e Creation of an Agricultural or Forestal District In effect, an Agricultural District is a temporary version of a perpetual conservation easement. They are an effective way of limiting the expansion of development in the short term, however since they are re- evaluated every four to ten years, land within Agricultural Districts remains vulnerable to future, non-agricultural development. .. MRS V Creation of an Agricultural or Forestal District In effect, an Agricultural District is a temporary version of a perpetual conservation easement. They are an effective way of limiting the expansion of development in the short term, however since they are re- evaluated every four to ten years, land within Agricultural Districts remains vulnerable to future, non-agricultural development. .. MRS V ZUNI— Ott--�.,(er ofD,y t,,,..,, ,.,f n b r.fr (TDR) e allowed to tr fe 'd -t• l d l .tet rights from one paFeel to b easement in peilpeltiity en ,i, sending—site- INinn cte, Subdivision Dedication and Proffered Open Space For conditional rezoning applications, proffers may be offered that place conservation casements on portions of the property with value as open space. These dedications may include primary, secondary, or tertiary f6i7ns of green infrastructure, but should consistently contain significant value as open space and provide for public access. In the case of any development or rezoning proposal, the CEA may request awry meeting with the owner in order to consider possible open space and trial components of the plan. Evaluating Potential Conservation Areas Virginia's Open Space Land Act establishes a rating system to be used by the CEA for evaluating a property's potential worth as protected open space. The rating system is an effective method for evaluating the appropriateness of public investment in a conservation effort, and also serves as a tool for determining what form of protection is most appropriate for a property. Please note that the criteria for potential green infrastructure acquisitions such as right-of-way easements for trails, bike paths and b eenways will differ from the criteria used to evaluate the acquisition of whole, relatively large tracts of land. The Open Space Land Act issues quality points for parcels that: • contain or adjoin an existing or planned public trail • adjoin a conservation easement, or national, state or local park • adjoin a state maintained road, or a designated scenic highivay • would otherwise be vulnerable to development • contain prune faun or forestal land, or open space • contain or adjoin historic resources or water resources • have identified non -local government funding to leverage the purchase 5 MN Subdivision Dedication and Proffered Open Space For conditional rezoning applications, proffers may be offered that place conservation casements on portions of the property with value as open space. These dedications may include primary, secondary, or tertiary f6i7ns of green infrastructure, but should consistently contain significant value as open space and provide for public access. In the case of any development or rezoning proposal, the CEA may request awry meeting with the owner in order to consider possible open space and trial components of the plan. Evaluating Potential Conservation Areas Virginia's Open Space Land Act establishes a rating system to be used by the CEA for evaluating a property's potential worth as protected open space. The rating system is an effective method for evaluating the appropriateness of public investment in a conservation effort, and also serves as a tool for determining what form of protection is most appropriate for a property. Please note that the criteria for potential green infrastructure acquisitions such as right-of-way easements for trails, bike paths and b eenways will differ from the criteria used to evaluate the acquisition of whole, relatively large tracts of land. The Open Space Land Act issues quality points for parcels that: • contain or adjoin an existing or planned public trail • adjoin a conservation easement, or national, state or local park • adjoin a state maintained road, or a designated scenic highivay • would otherwise be vulnerable to development • contain prune faun or forestal land, or open space • contain or adjoin historic resources or water resources • have identified non -local government funding to leverage the purchase 5 Currently the CEA is focused on providing interested landowners with information about available conservation methods both through the CEA, and through other organizations. However, its broader range of goals l -may in the future. include: GOAL: Create a balanced network et' --• , ` --'•; -A ..,.ivnto'y open space lands and green infrastructure. Strategies: 1. Balance the use of non -easement conservation by private landowners, easements on private land through private holders, and acquisition �f easements, f interest land d ig t ways b tl,o eeunt3 to meet conservation needs. 2. -M—aximize the effectiveness e f -publie iiivestfflents b eleeti " Select the conservation tool appropriate to the specific needs requirements of each parcel in need of protection as open space. Promote continuity in the actions and 'informational messages of local conservation organizations within the county. .Implementation Methods: 1. Establish and maintain a pfier-itized list of potential conserva4ien are in the count„ - 2. Hold targeted, informational meetings and provide information by mail to t,awner-sfland identified in the pr-iefiiized list ofPotn„ti.,i eenservation eff-ai4s. landowners that may be interested in conservation. j Share he prier-ifized list with other leeally-aetiyeCG�J GC'�CCLTVAA easement holdi ntin antv t,� � rJ�.JA VE.JA A416V. 4. Fake advantage of state FDR programs and any other funds allocated to the county for open space conservation through easement acquisition. S, Secure grant money and raise money through local donations to supplement/leverage public funding sources for the public acquisition of a conservation easement or fee interest in land. GOAL: Facilitate the Conservation of Open Space. Strategies: D 1. Protect open space dedicated to preserving natural, agricultural, historic, and aesthetic resources through the use of the conservation tools available to the county and to private landowners. 2. Protect agricultural lands that preserve rural character and the long- term economic viability of the county through the use of the conservation tools available to the county and to private landowners. Implementation Methods: 1. Provide landowners interested in preservation with information about local conservation resources, and the benefits of conservation including local, state and federal tax incentives. 2. Actively encourage the protection of significant agricultural and forestal areas through the establishment of conservation easements both within and in addition to the county's established agricultural and forestal districts. 3. Serve as a representative for the public's interest in conservation duringinanda4ofy meetings with landowners and developers seeking approval for rezonings, subdivisions, and development projects. GOAL: Provide Appropriate Levels of Public Access. Strategies: 1 Bate and ,,, effi ,te Promote new and existing programs that expand the public's awareness of and appreciation for the rural and agricultural character of the county, Environmental Resources, Historic Heritage, and the Aesthetic Beauty of Rural Landscapes. Implementation Methods: 1. Serve as the community's primary resource for information about the activities and efforts of public and private organizations, volunteers, businesses, and private individuals engaged in open space conservation and environmental education within the county. 3. Provide coordination and promote inter -organizational cooperation for the delivery of environmental and historic rural heritage education and interpretive services that further the goals of land conservation in the county. N CLEAN DRAFT Open Space Conservation Frederick County has experienced consistent growth in land development over the past decade. These changes have brought to fore specific concerns and challenges related to maintaining the rural context and cultural and agricultural value of county within developing areas. In response to these challenges, the county has increased its efforts to improve established guidelines that preserve the aesthetic beauty of rural landscapes and the rural and agricultural character of the county. These guidelines recognize the many economic and quality -of -life benefits of open space, and promote land conservation as an essential component of any future land development plan in the county. The Frederick County Conservation Easement Authority (CEA) was established in 2005 to lead the community's conservation efforts. The CEA operates under the provisions of the Open Space Land Act, Chapter 17, Title 15.2 of the Code of Virginia, and is charged with "assisting in shaping the character and direction of development, promoting tourism through the preservation of scenic and historic resources, and assisting in preserving the quality of life for the inhabitants of the county." The Need for Open Space and Land Conservation Opera Space Protects Environmental, Agricultural, and Community Assets for the Future: • Unlike policy -based environmental protections, land conservation offers long term, and at times permanent protection to important natural resources within the county. This includes the preservation of. • critical ecosystems • cultural & historic areas • ivater resources • Public access to lakes, streams • natural landmarks • recreation. areas & trails • agricultural & forest lands • scenic highways & corridors The Area's Farmland & Rural Character are Economically Valuable: • Protected farmland and open space enhance the value of nearby residential property, and significantly contributes to local tourism. • Local farmland and its produce are also likely to grow in value as the cost of transportation rises, and the market for locally grown produce expands. • Farm and forest land requires little or no public services: Figure ## Frederick County's Median Cost of Services Per Tax Dollar Raised $1.50 $1.19 $1.00 $0.50 �o-� $0.00 - Commercial & Working & Residential Industrial Open Land (Source: AFT's Cost of Community Seivice Studies 2003) Note: The cost of $0.3 pei- dollar of revenue raised for- "976i -king and Open Land" is the cost after land -use tax adjustment. According to the 2002 US Census of Agriculture, farmland including cropland, woodland, and pastures, made up 41 percent of Frederick County's total acreage. Agriculture is a cornerstone of Frederick County's history, and remains an important part of its future. This is particularly true of the County's apple production. The county ranked first in the state and twelfth in the country for apple production in the 2002 census, with 7,442 acres of farmland devoted to orchards. As recently as 1997,.Frederick County's orchards covered 10,058 acres. The loss of 26 percent of the county's orchards in a span of just five years (from 1997-2002) is, in part the result of residential and commercial land development. Open Space and Farmland is (it Risk in Frederick County: • Rising land costs are contributing to the growing residential and commercial development pressures that are eroding Frederick County's open space. • The aging -out of many farmers and the faun -as -pension -fund approach to retirement is also putting farmland at risk to development pressures. It is expected that more than 70 percent of Virginia farmland and a significant percentage of farm businesses will be transitioned over the next decade, according to economists at Virginia Tech. According to the 2002 US Census of Agricultural, the average farmer in Frederick County was 56.7 years old, an increase from 55.8 years at the time of the 1997 census. Many of these fanners will seek to liquidate land holdings in order to fund their retirements. 9 Figure ##: Rural Land Use Statistics for Frederick County (Source: US Census ofAgrleulture) Historic Land Value Per Acre of Farmland in Frederick County Land Value Adjusted for Inflation 12002 CPij Unadjusted Land Value 54,aa0.o0 53,5ao.ao 53,000.01) -- — 52,500.0 52,000.0 $1,500 as sl,000.ao $59U.Q0 -- - _ p 1g.Lc c�'L1d3 R`��ry1°'`'hti°9� Farms in Frederick County 2500 2000 1500 �- 1000 �- 500 0 Open .Space can Promote Efficient Land Use and Transportation Patterns: Open space can be used to guide the path of urban and suburban development by defining community service areas, preserving a clear boundary between cities or towns and the countryside, and buffering residential and non-residential development. By guiding land use towards more efficient patterns of development, land conservation also significantly reduces a community's traffic congestion, and traffic - related air pollution. Land conservation can maintain a region's sense of place and the local character of commur« ties. It can enrich transportation networks by improving and expanding options available to pedestrians and cyclists. It can be used to create valuable links between existing residential and comi-nercial developments, public facilities such as schools, and the surrounding rural landscape. Passive Recreation Facilities are a Community Asset: 0 Passive recreational activities such as hiking, fishing, and horseback riding require minimal levels of public maintenance or development. They do however significantly contribute to the health and quality of life of local residents. In recognition of these and other benefits, Frederick County should facilitate the creation of a network of protected land within the county. This may begin with an inventory of the county's existing forestal lands, farmland, waterways and open. The decision, However, to place an easement on the land remains with the property owner, and they are not obligated to do so. Likewise, a landowner may still place an easement on his or her property even if the CEA and Board of 10 Supervisors choose not to acquire the easement. The CEA may request a meeting with a landowner or developer during the plaruring approval process for the project in order to promote the community's conservation interests. While conservation easements are the method of preservation outlined in the Open Space Land Act, there are other preservation tools available to Frederick County, several of which are identified in the following section. These methods may be considered by the county as a means of maximizing the public dollars devoted to land preservation, and accommodating the needs of each individual landowner. Methods of Open Space Preservation/Acquisition Creation of an Agricultural or Forestal District In effect, an Agricultural District is a temporary version of a perpetual conservation easement. They are an effective way of limiting the expansion of development in the short term, however since they are re- evaluated every four to ten years, land within Agricultural Districts remains vulnerable to future, non-agricultural development. Subdivision Dedication and Proffered Open Space For conditional rezoning applications, proffers may be offered that place conservation easements on portions of the property with value as open space. These dedications may include primary, secondary, or tertiary forms of green infrastructure, but should consistently contain significant value as open space and provide for public access. In the case of any development or rezoning proposal, the CEA may request a meeting with the owner in order to consider possible open space and trial components of the plan. Evaluating Potential Conservation Areas Virginia's Open Space Land Act establishes a rating systern to be used by the CEA for evaluating a property's potential worth as protected open space. The rating system is an effective method for evaluating the appropriateness of public investment in a conservation effort, and also serves as a tool for determining what form of protection is most appropriate for a property. Please note that the criteria for potential green infrastructure acquisitions such as right-of-way casements for trails, bike paths and greenways will differ from the criteria used to evaluate the acquisition of whole, relatively large tracts of land. The Open Space Land Act issues quality points for parcels that: contain or adjoin an existing or planned public trail 11 • adjoin a conservation easetnent, or national, state or local park • adjoin a state maintained roach or a designated scenic highrvay • would otherwise be vulnerable to development • contain prune farm or forestal land, or open space • contain or adjoin historic resources or water resources • have identified non -local government finding to leverage the purchase Currently the CEA is focused on providing interested landowners with information about available conservation methods both through the CEA, and through other organizations. However, its broader range of goals may in the future include: GOAL: Create a balanced network open space lands and green infrastructure. Strategies: 1. Balance the use of non -easement conservation by private landowners, easements on private land through private holders, to meet conservation needs. 2. Select the conservation tool appropriate to the specific requirements of each parcel in need of protection as open space. 3. Promote continuity in the actions and informational messages of local conservation organizations within the county. Implementation Methods: 4. Hold targeted, informational meetings and provide information by mail to landowners that may be interested in conservation.. S. Take advantage of state PDR programs and any other funds allocated to the county for open space conservation through easement acquisition, 6. Secure brant money and raise money through local donations to supplement/leverage public funding sources for the public acquisition of a conservation easement or fee interest in land. GOAL: Facilitate the Conservation of Open Space. Strategies: 12 1. Protect open space dedicated to preserving natural, agricultural, historic, and aesthetic resources through the use of the conservation tools available to the county and to private landowners. 2. Protect agricultural lands that preserve rural character and the long- term economic viability of the county through the use of the conservation tools available to the county and to private landowners. Implementation Methods: 3. Provide landowners interested in preservation with information about local conservation resources, and the benefits of conservation including local, state and federal tax incentives. 4. Actively encourage the protection of significant agricultural and forestal areas through the establishment of conservation easements both within and in addition to the county's established agricultural and forestal districts. 5. Serve as a representative for the public's interest in conservation during meetings with landowners and developers seeking approval for rezonings, subdivisions, and developrment projects. GOAL: Provide Appropriate Levels of Public Access. Strateb ies: 1. Promote new and existing programs that expand the public's awareness of and appreciation for the aural and agricultural character of the county, Environmental Resources, Historic Heritage, and the Aesthetic Beauty of Rural Landscapes. .Implementation Methods: 2. Serve as the community's primary resource for information about the activities and efforts of public and private organizations, volunteers, businesses, and private individuals engaged in open space conservation and environmental education within the county. 3. Provide coordination and promote inter -organizational cooperation for the delivery of environmental and historic rural heritage education and interpretive services that further the goals of land conservation in the county. 13