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CEA 02-23-17 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: Candice Perkins, AICP, CZA, Assistant Planning Director SUBJECT: February 23, 2017 Meeting DATE: February 16, 2017 ______________________________________________________________________________ The Frederick County Conservation Easement Authority will be meeting on Thursday, February 23, 2017 at 9:30 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. 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: May 12, 2016 4. Update from Conservation Easement Training Session (Yount Hyde & Barbour, October 2016) 5. Open Discussion 6. Other Please contact the Planning Department (540-665-5651) if you are unable to attend this meeting. CEP/pd Enclosures: CEA Bylaws, Draft May 12, 2016 meeting minutes MINUTES FOR THE MAY 12, 2016 CEA MEETING DRAFT 2016 Conservation Easement Authority Page 218 May 12, 2106 MEETING MINUTES OF THE FREDERICK COUNTY EASEMENT AUTHORITY Held in the Planning Department Conference Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on May 12, 2016. PRESENT: Diane Kearns, Chairman; Elaine Cain, Treasurer; Ron Clevenger, C. Robert Solenberger, John Marker, Gene Fisher, Board of Supervisor, Charles Triplett, Planning Commission Liaison. ABSENT: Todd Lodge, Vice-Chairman; and Bryan Green. STAFF PRESENT: Candice Perkins, CEA Secretary; John Bishop, Assistant Director- Transportation; Kirstin Twardon, GIS Technician; Michael Ruddy, Director of Planning; M. Tyler Klein, Planner; and Pam Deeter OTHER: Ellen Murphy, Commissioner of Revenue. PUBLIC MEETING Welcome and Introduction The meeting was called to order by the Chairman Kearns at 8:30 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. A nomination by Mr. Solenberger was made to keep the same officers as the past year with the exception of the Secretary Mr. Lawrence to be replaced by Candice Perkins. Mr. Clevenger seconded the motion and it was unanimously approved. b. Adoption of Bylaws Mrs. Perkins brought it to Chairman Kearns attention that under the Bylaws Section 7- 3-8 needs the terminology changed from Tabling to Postponment. Mr. Marker made a motion to adopt the Bylaws as presented with an amendment and was seconded by Mr. Clevenger and it was unanimously approved. DRAFT 2016 Conservation Easement Authority Page 219 May 12, 2106 c. Selection of Meeting Dates and Times Chairman Kearns asked members if the time of the meeting works for everyone. Everyone was agreeable with the date and time of the meetings-8:30 a.m. on the 4th Thursday of the month. Adoption of Meeting Minutes On a motion made by Mr. Fisher, and seconded by Mr. Solenberger the August 27, 2015 meeting minutes were approved as presented. Update on Effort to Create Information Conservation Easement Videos Chairman Kearns commented that 2 or 3 video was shown at the fall event at Cider Work. Chairman Kearns hopes to show videos again at a spring event. Mr. Bishop gave an update on videos. Three videos are complete. Before presenting the fourth video, Mr. Bishop said the video has been twicked and Potomac Conservancy has added a closing to the video. The Committee approved the fourth video. Chairman Kearns wants to have the videos run on the Webpage and Utube. Chairman Kearns would like to utilize the videos at Civic Groups, Planning Commission and the Board of Supervisors meetings. Chairman Kearns suggests that we compose a list of landowners with easements. Chairman Kearns wants to have a CEA event this summer or fall and invite professional to view the videos. Chairman Kearns asks Mrs. Cain if there have been any changes on the State or Federal level for tax credits. Mrs. Cain replied no change. Update on Recorded Easement Activities Chairman Kearns asks Mrs. Perkins to give an update on TDR program. Mrs. Perkins stated we have some interest. Mrs. Perkins stated the County has a lot of letter of intent out and properties are certified but no one is severing and transfer rights. Chairman Kearns inquired if any interest in easement. Mrs. Perkins said no. Other Next meeting will be on June 23, 2016 at 8:30 a.m. There being no further business, the meeting adjourned at 9:25 a.m. DRAFT 2016 Conservation Easement Authority Page 220 May 12, 2106 Respectfully submitted _____________________ Diane Kearns, Chairman _______________________________ Candice E. Perkins, CEA Secretary CEA BYLAWS (Proposed 02/23/17) CONSERVATION EASEMENT AUTHORITY County of Frederick, Virginia Bylaws Proposed February 23, 2017 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 CEA Bylaws Proposed February 23, 2017 - 2 - 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 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. CEA Bylaws Proposed February 23, 2017 - 3 - 4-3-2-2 Carry 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. 4-3-4-8 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. CEA Bylaws Proposed February 23, 2017 - 4 - 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 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 CEA Bylaws Proposed February 23, 2017 - 5 - 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 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 CEA Bylaws Proposed February 23, 2017 - 6 - 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 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 Postponement 7-3-8-1 The Authority shall have the authority to postpone agenda CEA Bylaws Proposed February 23, 2017 - 7 - 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 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 postponed from a scheduled Authority meeting. 7-3-8-3 An 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. 7-3-8-4 The 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. CEA Bylaws Proposed February 23, 2017 - 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.