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CEA 01-22-15 Meeting Agenda CEA Frederick County Conservation Easement Authority C/O Frederick County Planning Department, 107 North Kent Street, Winchester, VA 22601 (540 -665-5651) MEMORANDUM TO: Conservation Easement Authority FROM: Eric R. Lawrence, CEA Secretary SUBJECT: January Meeting DATE: January 14, 2015 ______________________________________________________________________________ The Frederick County Conservation Easement Authority will be meeting on Thursday, January 22, 2015 at 8:30 a.m. in the Planning Department Conference Room in the County Administration Building, 107 North Kent Street, Winchester, Virginia. The Conservation Easement Authority will discuss the following agenda items: AGENDA 1. Welcome and Introductions 2. Annual Organizational Activities a. Election of Chairman, Vice Chairman, Treasurer, and Secretary b. Adoption of Bylaws c. Selection of Meeting Dates and Times 3. Adoption of Meeting Minutes: February 27, 2014, August 28, 2014, and October 23, 2014 4. Update on Recorded Easement Activities 5. Update on Effort to Create Informational Conservation Easement Brochures and Videos a. Review video b. Discussion on video effort 6. Open Discussion 7. Other Please contact the Planning Department (540-665-5651) if you are unable to attend this meeting. ERL/pd Enclosures: draft February 27, 2014, August 28, 2014, and October 23, 2014 meeting minutes CEA bylaws Draft Conservation Easement Authority Page 198 February 27, 2014 MEETING MINUTES OF THE FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY Held in the Executive Session Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on February 27, 2014. PRESENT: Diane Kearns, Chairman; Todd Lodge, Vice Chairman; Ron Clevenger, C. Robert Solenberger, Bryan Green, Charles Triplett, Planning Commission Liaison; and Gene Fisher, Board of Supervisor Liaison ABSENT: Elaine Cain, Treasurer; John Marker STAFF PRESENT: Eric R. Lawrence, CEA Secretary; John Bishop, Deputy Director of Transportation; Lindsey Felton, GIS Analyst; and Pam Deeter, Secretary II OTHER: Kelly Watkinson, Shenandoah CEA, and Patrick Felling, Shenandoah County PUBLIC MEETING Welcome and Introduction Adoption of Meeting Minutes On a motion made by Mr. Solenberger and seconded by Mr. Clevenger the January 23, 2014, meeting minutes were approved as presented. Update on Recorded Easement Activities Frederick County has had no new inquires for easements. Update on Effort to Create Informational Conservation Easement Brochures and Videos Two documents have been created by staff members of the Potomac Conservancy and staff members of the Planning Department. These documents outline how we might want to run the video and a brief overview. Potomac Conservancy has experience with working with easements and the County could benefit from their knowledge. Draft Conservation Easement Authority Page 199 February 27, 2014 In the outline, the categories of videos are listed and the Board today will make the decision if this is the right direction to produce the videos. If this meets the Board approval, we would start working at Staff level and have a video produced in a few months. Once the first video is produced we will show the video to the Board and see if we want to proceed with next video. Chairman Kearns passed out a booklet that was published by the Valley Conservation Council (VCC). The booklet is called Protecting Shenandoah Valley Lands. Chairman Kearns is thinking that the VCC might be willing to partner with us for the videos because they also work with easements. Mr. Lawrence read the outline out loud. After each topic, Mr. Lawrence gave the opportunity for comments or discussion. In the outline, under objectives, it was mentioned to add tourism and education. Kelly Watkinson suggested, in order, to promote the different partners maybe we should be promoting what County easements can do for you. If you live in a certain County contact your local County CEA for more information. Mr. Lawrence thinks the first video (teaser) will promote and advertise easements. Mr. Lawrence believes that it can be put on local TV channels, County Webpage, Facebook, and Utube. Mr. Solenberger asked what the cost would be for the video. Mr. Lawrence said that the staff is doing this at no cost. In the outline, under “What do we want them to think/feel?” Ms. Murphy expressed, we should add to focus on economy in this area. At this point, we have seven videos to produce with different topics. After the first video, the group will view it and see if we want to proceed with the next topic. The Board agreed to this approach. The CEA members came up with a list of potential individuals to interview for videos. Other Next meeting will be on March 27, 2014 at 8:30 a.m. There being no further business, the meeting adjourned at 9:25 a.m. Draft Conservation Easement Authority Page 200 February 27, 2014 Respectfully submitted _____________________ Diane Kearns, Chairman _______________________ Eric Lawrence, CEA Secretary DRAFT Conservation Easement Authority Page 201 August 28, 2014 MEETING MINUTES OF THE FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY Held in the Purple Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on August 28, 2014. PRESENT: Diane Kearns, Chairman; Ron Clevenger, C. Robert Solenberger and Charles Triplett, Planning Commission Liaison. ABSENT: Todd Lodge, Vice Chairman; Elaine Cain, Treasurer; Bryan Green, John Marker, and Gene Fisher, Board of Supervisors Liaison STAFF PRESENT: Eric R. Lawrence, CEA Secretary; John Bishop, Deputy Director of Transportation; Lindsey Felton, GIS Analyst; and Pam Deeter , Secretary II OTHER: Ellen Murphy, Commissioner of Revenue; Jed Rau, Potomac Conservancy; and Tracy Lind, Potomac Conservancy PUBLIC HEARING Welcome and Introduction Adoption of Meeting Minutes February 27, 2014 minutes were not approved because no quorum present. Update on Recorded Easement Activities Frederick County has had no new inquires. Mr. Rau commented that Potomac Conservancy has had a few inquiries. Mr. Rau spoke with VOF (Virginia Outdoor Foundation) and VOF has only had one easement from the Valley this whole year. The VOF usually has several and then they determine which will be funded easements. Chairman Kearns was asking why only one easement compared to previous years. Mr. Rau thinks it has to do with the reduction of the Federal Incentives. Mr. Rau explained to the committee that Potomac Conservancy is hosting Neighborhood Meetings. If an individual has an easement or is supporting easement, the landowner looks at his neighborhood within a two mile range and selects about 30 people that might be interested to come to a dinner and a short presentation by Potomac Conservancy and Conservation Partners (Taylor Cole). Mr. Rau suggested if anyone is interest in hosting a Neighborhood Meeting to contact him. DRAFT Conservation Easement Authority Page 202 August 28, 2014 Update on Effort to Create Information Conservation Easement Brochures and Videos Mr. Bishop stated we had interviewed two property owners. Another property owner has confirmed appointment and two more are interested and hoping to schedule an interview in the up-coming weeks. The interviews can take several hours. Committee watched two clips of the footage that has been taped. The committee member agreed that the footage was great. Ms. Lind stated that each property owner is asked the same question. Mr. Bishop stated that this footage is just the introduction or teaser video. The professional people have not been interviewed yet. Mr. Bishop stated it will be a challenge to keep the video at five minutes in length. The committee agreed that it should be five individual informative videos. Mr. Lawrence included with the agenda the information that was previously discussed about the video contents. Mr. Lawrence suggested that if any member wanted to add or remove information this would be the time to discuss this. Chairman Kearns asked what questions was the landowner being asked and Ms. Lind said, she would email the questions to the committee members. Chairman Kearns wondered if it would be good idea to target the general public to see what their thoughts are on conservation easement. Mr. Lawrence suggested maybe going into a new subdivision and getting some comments from citizen on easements. Chairman Kearns suggested that we tape footage from all four seasons, with that in mind; the video possibly won’t be complete until next spring. Mr. Bishop stated we still have to interview the professional people (lawyer, accountant, and appraiser). Chairman Kearns would like the committee to see the video first before going public. Mr. Lawrence said we will do a press release. Chairman Kearns would like a press release after each video is released to the public. Ms. Felton contacted the person that put information on the cable station. He is willing to run the video on the cable network. Chairman Kearns is looking for suggestion of groups that would show the videos. The committee suggested civic organization and neighborhood meetings. Chairman Kearns would like to incorporate outdoor recreation in the video footage. Mr. Rau suggested, running the video at an outdoor recreational retail store. Mr. Lawrence suggested we take some footage of a Neighborhood Meeting. Mr. Lawrence asked Mr. Rau to give an update on the funding of easement. Mr. Rau said the easement money is not there because the Federal funding incentive program has decreased. Most Counties don’t have financial support for easement. Some Counties have thought about rollback taxes to help create DRAFT Conservation Easement Authority Page 203 August 28, 2014 the funding of easement. Mr. Rau explained when you received Federal funding there has to be a percentage of a match or the easement won’t be approved. Mr. Lawrence asked Mrs. Murphy about rollback taxes. Mrs. Murphy replied and said she would present to the Board as much as you can. If approved, at a later date the Board could have a say as to where the funds would be spent. A suggestion by Chairman Kearns that in the video maybe we should ask for donation for easements. This would show the Board we do have supporters for easements. The committee would like to present the video to the Board and possible talk about rollback tax for easement. Mr. Lawrence suggested to Mr. Rau that when he has his neighborhood meeting that he invites the Board of Supervisor member of the district. This keeps them informed also could participate if interested. OTHER: Next meeting will be Sept 25, 2014 at 8:30 a.m. There being no further business, the meeting adjourned at 9:40. Respectfully submitted ____________________ Diane Kearns, Chairman ____________________ Eric Lawrence, CEA Secretary DRAFT Conservation Easement Authority Page 204 October 23, 2014 MEETING MINUTES OF THE FREDERICK COUNTY CONSERVATION EASEMENT AUTHORITY Held in the Planning Department Conference Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on October 23, 2014. PRESENT: Diane Kearns, Chairman; Todd Lodge, Vice Chairman; Ron Clevenger, C. Robert Solenberger. ABSENT: Elaine Cain, Treasurer; John Marker, Bryan Green, Charles Triplett, Planning Commission Liaison; and Gene Fisher, Board of Supervisor Liaison. STAFF PRESENT: Eric R. Lawrence, CEA Secretary; John Bishop, Deputy Director of Transportation; Kirstin Twardon, GIS Analyst; and Pam Deeter, Secretary II OTHER: Raya Zimmerman, Winchester Star PUBLIC MEETING Welcome and Introduction Adoption of Meeting Minutes February 27, 2014 and August 28, 2014 meeting minutes were not approved because no quorum was present. Update on Recorded Easement Activities Mr. Lawrence said no inquiries have come into our department. Chairman Kearns presented newspaper articles on CEA activity in different localities. Update on Effort to Create Information Conservation Easement Videos Mr. Bishop presented the Landowner Testimonials. Mr. Bishop stated that the video was a little longer than the committee wanted but the information was important. The members agreed that it captures the testimonials of easement holders. Chairman Kearns would like to use local music, possibly bluegrass at the end of the video as the credits are playing. DRAFT Conservation Easement Authority Page 205 October 23, 2014 Mr. Bishop said that Tracy Lind of Potomac Conservancy is to provide music for him but if anyone plays Bluegrass we can tape the music. Chairman Kearns said that she has acquaintances which are local and play Bluegrass music and she is sure they would contribute music for the video. Mr. Lawrence confirmed with the committee that the questions format was correct. Mr. Lawrence states that Mr. Bishop just needs to give video a title and insert credits and music and tweak a few spots and the video is complete. Mr. Lawrence asked the committee what video should be produced next. The committee came to an agreement that the next video should be # (4) Conservation Easements-Inquiry, then # (3) Benefits of Conservation Easement (Conservation Values), and last Conservation Easement Process. The committee was brainstorming to compile a list of professional names for the Conservation Easement Process video. Chairman Kearns would like a press release and present videos to civic organizations at the same time. In order, to present to civic organizations the committee would need to have 2 or 3 videos produced. Mr. Lawrence said within the next 6 months the County is upgrading the local channel to where we could program the videos to run a certain time each day and hopefully we would have four videos produced by that time. Chairman Kearns would also like to have videos on Utube and on the County Web page. Mr. Bishop states he needs some more footage for fill in. Mr. Bishop will try to get some fall foliage shots and some bike trails. Other The next two months the meetings falls during the holiday season. The committee will meet again in January. Mr. Lawrence handed out a copy of an article about Shenandoah County easements. There being no further business, the meeting adjourned at 9:00 a.m. Respectfully submitted ___________________ Diane Kearns, Chairman ______________________ Eric Lawrence, CEA Secretary CONSERVATION EASEMENT AUTHORITY County of Frederick, Virginia Bylaws Proposed January 22, 2015 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 Easement Authority, hereinafter referred to as the “Authority”. ARTICLE II – 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 facilitate the acquisition or receipt of conservation easements by other qualified organizations; to disseminate information concerning conservation easements to landowners and other interested parties; 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, per the Conservation Easement Authority’s Article of Incorporation, adopted August 24, 2005. 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 CEA Bylaws Proposed January 22, 2015 - 2 - 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 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 the entire voting membership shall be declared elected. 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. 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 Board of Supervisors and the Authority Chairman. CEA Bylaws Proposed January 22, 2015 - 3 - 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. 4-3-4-8 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 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 CEA Bylaws Proposed January 22, 2015 - 4 - 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 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 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 CEA Bylaws Proposed January 22, 2015 - 5 - 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 of 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 CEA Bylaws Proposed January 22, 2015 - 6 - 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 Chairman 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. 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 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. 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: CEA Bylaws Proposed January 22, 2015 - 7 - 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 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 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: 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. CEA Bylaws Proposed January 22, 2015 - 8 - 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.