CEA 03-22-18 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 Director
SUBJECT: March 22, 2018 Meeting (Meeting Rescheduled to March 29, 2018)
DATE: March 14, 2018
______________________________________________________________________________
The Frederick County Conservation Easement Authority will be meeting on Thursday, March 22,
2018 at 9:00 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: February 23, 2017
4. Open Discussion
5. Other
Please contact the Planning Department (540-665-5651) if you are unable to attend this meeting.
CEP/pd
Enclosures: CEA Bylaws, Draft February 23, 2017 meeting minutes
FREDERICK COUNTY
CONSERVATION EASEMENT AUTHORITY
The Frederick County Conservation Easement Authority meets the fourth Thursday of
each month at 9:00 a.m.
MEMBERS: TERM:
Diane Kearns, Chairman (W) 667-3390 Reappointment
P.O. Box 2368 (F) 667-9943 08/24/2017 – 08/24/2020
Winchester, VA 22604 (EM) didi@shentel.net
Elaine M. Cain, Treasurer (H) 722-4882 Reappointment
228 Tyler Drive (W) 662-3417 08/24/2015 – 08/24/2018
Clear Brook, VA 22624 (F) 662-4211
(EM) ecain@yhbcpa.com
Ron Clevenger (H) 540-232-0630 Reappointment
1028 Welltown Road (O) 540-450-1256 03/23/2017 – 03/23/2020
Winchester, VA 22603 (F) 540-662-0986
(EM) ron@ronclevenger.com
Judith McCann-Slaughter (H) 540-533-2410 Reappointment
562 Milburn Road (EM) gfisher@su.edu 01/10/2018 – 08/24/2020
Winchester, VA 22603
Charles E. Triplett (H) 877-1380 Reappointment
150 Lone Willow Lane (EM) ctriplet.fredcogovpc@icloud.com 08/24/2015 – 08/24/2018
Gore, VA 22637
C. Robert Solenberger (W) 667-3390 Reappointment
Fruit Hill Orchard (H) 662-2938 08/24/2015 – 08/24/2018
P.O. Box 2368
Winchester, VA 22604–1568
John Marker (W) 662-1391 Reappointment
3035 Cedar Creek Grade (H) 662-4013 09/28/2016 – 09/28/2019
Winchester, VA 22602 (F) 662-7308
(EM) jmfarmer@hughes.net
Todd B. Lodge, Vice-Chairman (H) 662-5488 Reappointment
3390 Apple Pie Ridge Road (C) 539-6279 08/24/2016 – 08/24/2019
Winchester, VA 22603 (EM) lodgeconstructioninc@yahoo.com
Bryan Jeffery Green (H) 877-1844 Reappointment
504 Heishman Lane (W) 550-7258 03/14/2015 – 03/14/2018
Winchester, VA 22602 (EM) richrunfarm@gmail.com
Staff Contact:
Candice E. Perkins, Assistant Director
Planning and Development
(s:\operations manual\Frederick County Conservation Easement Authority Members)
Updated on 01/18/18
CONSERVATION EASEMENT AUTHORITY
County of Frederick, Virginia
Bylaws
Proposed March 22, 2018
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
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Proposed March 22, 2018
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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 March 22, 2018
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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
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Proposed March 22, 2018
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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 as needed 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 March 22, 2018
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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
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Proposed March 22, 2018
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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
items if any one of the following situations occurs:
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Proposed March 22, 2018
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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 March 22, 2018
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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.
DRAFT
2017 Conservation Easement Authority Page 221
February 23, 2017
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 February 23, 2017.
PRESENT: Diane Kearns, Chairman; Todd Lodge, Vice-Chairman; Elain Cain, Treasurer;
Ron Clevenger, Gene Fisher, Board of Supervisor.
ABSENT: C. Robert Solenberger, John Marker, and Charles Triplett, Planning Commission
Liaison.
STAFF PRESENT: Candice Perkins, CEA Secretary; and Pam Deeter.
OTHER: Ellen Murphy, Commissioner of Revenue and Tracey Lind, Potomac Conservancy
PUBLIC MEETING
Welcome and Introduction
The meeting was called to order by the Chairman Kearns at 9:30 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.
Fisher was made to keep the same officers as the past year. Mr. Lodge seconded the
motion and it was unanimously approved.
b. Adoption of Bylaws
Mr. Clevenger made a motion to adopt the Bylaws as presented and was seconded by Mr.
Lodge and it was unanimously approved.
c. Selection of Meeting Dates and Times
Chairman Kearns asked members if the time of the meeting works for everyone. There
was discussion as far as the time. Everyone was agreeable with moving the time to 9:30
and meeting on the 4th Thursday of the month.
DRAFT
2017 Conservation Easement Authority Page 222
February 23, 2017
Adoption of Meeting Minutes
On a motion made by Mrs. Cain, and seconded by Mr. Lodge the May 12, 2016 meeting
minutes were approved as presented.
Update from Conservation Easement Training Session (Yount Hyde & Barbour)
Chairman Kearns said the participation was good. The participants seemed interested in
the information being presented. Mrs. Cain added that the attendance was good. Twenty
five people present and three speakers spoke at the training session.
Chairman Kearns inquired as to the response of the mailed out to the civic organization to
view the CEA tapes. Mrs. Perkins stated she did not hear anything back from the civic
organization. Chairman Kearns needed ideas as to how to promote the CEA tapes.
Mrs. Perkins suggested that we combine a training session with CEA tapes the TDR
program.
Ms. Lind mentioned at the Cider Work event that a gentleman with a 300 acre parcel is
working on an easement.
Discussion
Chairman-Kearns brought up that an individual purchased a100 acre tract west of
Winchester and in exchange was given cash instead of tax credit for an agreement for not
putting sulfate on land. The Committee wasn’t aware of any program like this.
Ms. Lind gave an update on an analysis of watershed within Potomac and focused on
Northern Shenandoah Valley. Ms. Lind presented a map of water quality for different
watershed. This study looked at the water quality and comp. plan and etc.
Chairman Kearns looking for topics that would be of interest to the Committee so we
could invite guess speakers to come and speak on topics as water quality, soil quality,
other localities program, etc.
Other
There being no further business, the meeting adjourned at 10:05.
Respectfully submitted
____________________________
Diane Kearns, Chairman
______________________________
Candice E. Perkins, CEA Secretary