CEAAgenda2023May251.Welcome and Introductions
2.Organizational Activities
2.A.Election of Chair, Vice Chair, Treasurer, and Secretary
2.B.Adoption of the Bylaws
3.Update on Transfer of Development Rights Program
4.Update on Potomac Conservancy Activities (Guest Jeff Feaga)
5.Open Discussion
6.Other
AGENDA
CONSERVATION EASEMENT AUTHORITY
THURSDAY, MAY 25, 2023
9:00 AM
PLANNING DEPARTMENT CONFERENCE ROOM
FREDERICK COUNTY ADMINISTRATION BUILDING
WINCHESTER, VA
Proposed Bylaws 2023.pdf
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Conservation Easement Authority
Agenda Item Detail
Meeting Date: May 25, 2023
Agenda Section: Organizational Activities
Title: Adoption of the Bylaws
Attachments:
Proposed Bylaws 2023.pdf
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CONSERVATION EASEMENT AUTHORITY
County of Frederick, Virginia
Proposed Bylaws
May 25, 2023
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
secretary shall be a member of the Authority or a county employee.
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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:
4-3-1-1Preside at meetings.
4-3-1-2Rule 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.
4-3-1-3Report official communications.
4-3-1-4Certify official documents involving the authority of the Authority.
4-3-1-5Certify minutes as true and correct copies.
4-3-1-6Carry out other duties as assigned by the Board of Supervisors and
the Authority.
4-3-2 The Vice-Chairman shall:
4-3-2-1Assume the full powers of the chairman in the absence or inability of
the chairman to act.
4-3-2-2Carry out other duties as assigned by the Board of Supervisors and
the Authority Chairman.
4-3-3 The Treasurer shall:
4-3-3-1Be responsible for the safekeeping of all funds of the Authority.
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4-3-3-2Maintain the financial records of the Authority.
4-3-3-3Pay approved bills.
4-3-4 The Secretary shall:
4-3-4-1Ensure that attendance is recorded at all meetings.
4-3-4-2Ensure that the minutes of all Authority meetings are recorded.
4-3-4-3Notify members of all meetings.
4-3-4-4Prepare agendas for all meetings.
4-3-4-5Maintain files of all official Authority records and reports. Official
records and reports may be purged in accordance with
applicable state codes.
4-3-4-6Give notice of all Authority meetings, public hearings and public
meetings.
4-3-4-7Provide to the Board of Supervisors reports and recommendations of
the Authority.
4-3-4-8Attend 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
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.
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ARTICLE V – MEETINGS
5-1 Meetings shall be held as needed at the time and place set by the Authority.
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 sent
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
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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
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
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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
7-3-7-1The Authority shall hold public hearings on all items which require a
motion to accept a Conservation Easement.
7-3-7-2The 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.
7-3-7-3The 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 Postponement
7-3-8-1The Authority shall have the authority to postpone 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 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
postpone the agenda item.
F) The Authority is advised of an emergency situation that
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prevents attendance by applicant.
G) The applicant fails to appear at the meeting in which the
application has been advertised to appear.
7-3-8-2The applicant shall be permitted to request that an agenda item be
postponed from a scheduled Authority meeting.
7-3-8-3An application that has been postponed 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.
7-3-8-4The Authority shall have the authority to act on an agenda item that
has been postponed when the agenda item has been re-
advertised for a subsequent Authority agenda.
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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.
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