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HomeMy WebLinkAboutCEAAgenda2025June261.Welcome and Introductions 2.Organizational Activities 2.A.Election of Chairman, Vice Chairman, Treasurer, and Secretary 2.B.Adoption of the Bylaws 3.Meeting Minutes 3.A.Meeting Minutes of April 25, 2024 4.Presentation on Purchase of Development Rights 4.A.Update of Board of Supervisors Action on PDR 4.B.Discussion 5.Other AGENDA CONSERVATION EASEMENT AUTHORITY THURSDAY, JUNE 26, 2025 9:00 AM PLANNING DEPARTMENT CONFERENCE ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VA CEA06-26-25ProposedBylaws.pdf CEA06-26-25MeetingMinutesApril25.pdf 1 Conservation Easement Authority Agenda Item Detail Meeting Date: June 26, 2025 Agenda Section: Organizational Activities Title: Election of Chairman, Vice Chairman, Treasurer, and Secretary Attachments: 2 Conservation Easement Authority Agenda Item Detail Meeting Date: June 26, 2025 Agenda Section: Organizational Activities Title: Adoption of the Bylaws Attachments: CEA06-26-25ProposedBylaws.pdf 3 CONSERVATION EASEMENT AUTHORITY County of Frederick, Virginia Adopted Bylaws June 26, 2025 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 administrate and funds that may be appropriated; 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. 4 CEA Bylaws June 26, 2025 - 2 - 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. 5 CEA Bylaws June 26, 2025 - 3 - 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. 6 CEA Bylaws June 26, 2025 - 4 - 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 7 CEA Bylaws June 26, 2025 - 5 - 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. 8 CEA Bylaws June 26, 2025 - 6 - 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 7-3-7-1The 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. 9 CEA Bylaws June 26, 2025 - 7 - 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. 7-3-8-2The 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. 10 CEA Bylaws June 26, 2025 - 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. 11 Conservation Easement Authority Agenda Item Detail Meeting Date: June 26, 2025 Agenda Section: Meeting Minutes Title: Meeting Minutes of April 25, 2024 Attachments: CEA06-26-25MeetingMinutesApril25.pdf 12 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 April 25, 2024. PRESENT: Diane Kearns, Chairman; Todd Lodge, Vice-Chairman; Elaine Cain, Treasurer; Lowell Henderson, Patricia Scheulen-Ferrell, Philip Haines, Ryan Dougall, Charles Triplett, Planning Commission Liaison; and Judith McCann-Slaughter, Board of Supervisor Liaison ABSENT: Lowell Henderson STAFF PRESENT: Wyatt Pearson, Planning Director; John Bishop, Assistant Planning Director; and Pam Deeter. OTHER: Allison Teeter and Lorien Lemmon PUBLIC MEETING Welcome and Introduction The meeting was called to order by the Chairman Kearns at 9:00 a.m. and she determined there was a quorum. Annual Organizational Activities a. Election of Officers Chairman Kearns shared the present officers with the Committee. Mr. Lodge made a motion to nominate Mrs. Kearns and Mrs. Cain seconded the motion. The floor was closed for nominations. The vote was unanimous for Mrs. Kearns as the Chairman. Mrs. McCann-Slaughter made a motion to nominate Todd Lodge for Vice-Chairman and was seconded by Mrs. Cain. The floor was closed for nominations. The vote was unanimous for Mr. Lodge as Vice-Chairman. 13 Mrs. McCann-Slaughter made a motion to nominate Elaine Cain for Treasurer and was seconded by Mr. Lodge. The floor was closed for nominations. The vote was unanimous for Ms. Cain as Treasurer. Mrs. McCann-Slaughter made a motion to nominate John Bishop for Secretary and was seconded by Mr. Lodge. The floor was closed for nominations. The vote was unanimous for Mr. Bishop as Secretary. b. Adoption of Bylaws Vice-Chairman Lodge made a motion to approve the 2024 Bylaws as presented and seconded by Mrs. Cain. The vote was unanimously approved. Adoption of Meeting Minutes Correction to the meeting minutes of September 28, 2023. Chairman Kearns suggested we include the PDR program in Stafford County has a minimum of 20-acre minimum to the minutes. On a motion made by Vice-Chairman Lodge and seconded by Mrs. McCann- Slaughter the September 28, 2023, meeting minutes were approved with correction. Presentation Ms. Allison Teeter and Ms. Lorine Lemmon of Clarke County give a presentation on the Conservation Easement Program. Ms. Lemmon stated the purpose of the program is to protect properties with agricultural, scenic, historic, or natural resources for the future. Clarke County has a few options to help support landowners who are interested in an easement. Ms. Lemmon there are advantages to an easement. 1. Guarantee continued availability of vital resources. 2. Protect the quality of our water. 3. Increase state funding for Clarke County schools. 4. Promote tourism and economic growth. Options to help do an easement are donation, purchase appraisal value or DUR purchase. Conservation Funding could come from private donations, rollback taxes and grants. Landowner can maintain ownership of the parcel. The County places an easement on the parcel, and if the property owner wants to sell property the easement will remain. We do have yearly inspections of property to make sure they’re in compliance with the deed. Also, the Board of Supervisors reviews this program every 5 years. We send out a quarterly newsletter, mailings and we set up at special events. We also have a part time public relationship person. The key is targeting the right people and constantly being in the public eye. Ms. Lemmons was asked if they have easement in the process now. She stated we closed three last month, one will close in May and two more prospects. 14 Discussion Chairman Kearns asked how many easements does the County hold. Ms. Lemmon replied 163 easements. Chairman Kearns asked the Committee if they wanted to move forward with the PDR program and to see if we can get a recommendation from the Board of Supervisors to consider helping fund conservation easements. A Committee member suggested that we educate the students at the high school level. Some other events we might target are the 4-H Club, FFA, County Fair and garden fair. A suggestion was to contact Wendy at EDA she might have a list of events. A Committee member suggested that we contact VOF (Virginia Outdoor Foundation). The VOF usually likes the larger parcel and maybe they could give you prospective lead. Chairman Kearns and Committee thinks the program needs to be structured a little more and then move forward with the outreach program. Then if donations are received determine what the funds would be used for. A recap of today’s meeting. The board is recommending moving forward, then concentrating on the outreach program with possible donations, affirming the Board is in agreement with the program and then structure the program. There being no further business, the meeting adjourned at 9:52 a.m. Respectfully submitted, ____________________________ Diane Kearns, Chairman ______________________________ John A. Bishop, CEA Secretary 15 Conservation Easement Authority Agenda Item Detail Meeting Date: June 26, 2025 Agenda Section: Presentation on Purchase of Development Rights Title: Update of Board of Supervisors Action on PDR Attachments: 16 Conservation Easement Authority Agenda Item Detail Meeting Date: June 26, 2025 Agenda Section: Presentation on Purchase of Development Rights Title: Discussion Attachments: 17