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CEA 05-27-21 Meeting Agenda1.Welcome and Introductions 2.Organizational Activities 2.A.Organizational Activities a. Election of Chairman, Vice Chairman, Treasurer, and Secretary b. Adoption of Bylaws 3.Adoption of Meeting Minutes: September 26, 2019 3.A.Adoption of Meeting Minutes: September 26, 2019 4.Open Discussion 5.Other AGENDA CONSERVATION EASEMENT AUTHORITY THURSDAY, MAY 27, 2021 9:00 AM PLANNING DEPARTMENT CONFERENCE ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VA CEA05-27-21ProposedBylaws.pdf CEA05-27-21MeetingMinutesSeptember26.pdf 1 Conservation Easement Authority Agenda Item Detail Meeting Date: May 27, 2021 Agenda Section: Organizational Activities Title: Organizational Activities Attachments: CEA05-27-21ProposedBylaws.pdf 2 CONSERVATION EASEMENT AUTHORITY County of Frederick, Virginia Proposed Bylaws May 27, 2021 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. 3 CEA Bylaws May 2021 - 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. 4 CEA Bylaws May 2021 - 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 5 CEA Bylaws May 2021 - 4 - chairman or vice-chairman. 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 6 CEA Bylaws May 2021 - 5 - 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 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, 7 CEA Bylaws May 2021 - 6 - 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 7-3-7-1The 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. 8 CEA Bylaws May 2021 - 7 - 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. 7-3-8-2The 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. 9 CEA Bylaws May 2021 - 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. 10 Conservation Easement Authority Agenda Item Detail Meeting Date: May 27, 2021 Agenda Section: Adoption of Meeting Minutes: September 26, 2019 Title: Adoption of Meeting Minutes: September 26, 2019 Attachments: CEA05-27-21MeetingMinutesSeptember26.pdf 11 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 September 26, 2019. PRESENT: Diane Kearns, Chairman; Todd Lodge, Vice-Chairman; Robert Solenberger; Lowell Henderson; Charles Triplett, Planning Commission Liaison; Judith McCann-Slaughter, Board of Supervisor Liaison. ABSENT: Elaine Cain, Treasurer; Bryan Jeffery Green; John Marker; Ron Clevenger; and Kevin W. Kenney, Chairman of Planning Commission. STAFF PRESENT: Candice Perkins, CEA Secretary; Mike Ruddy, Director and Pam Deeter. OTHER: Seth Thatcher, Commissioner of Revenue, Tracy Lind, and Carlyle Howard 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. A nomination by Mr. Henderson 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. Henderson needed clarification on 7-3-7 Public Hearing. If Frederick County ever held an easement, would there be a public hearing. Ms. Perkins replied, yes there would be a public hearing. Vice-Chairman Lodge made a motion to adopt the Bylaws and was seconded by Mr. Henderson and it was unanimously approved. c. Selection of Meeting Dates and Times 12 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 the time of 9:00 o’clock and meetings would be held only if needed. Adoption of Meeting Minutes Correction to the meeting minutes of March 22, 2018. Mr. Solenberger needed clarification about the statement that whether cash or tax credit was given for an agreement for not putting sulfate on land. On a motion made by Vice-Chairman Lodge and seconded by Mr. Henderson the March 22, 2018 meeting minutes were approved with correction. Environmental Council of Virginia Ms. Lind gave an update on easements and other events that were successful in the past several years when she was with Potomac Conservancy. Ms. Lind is now employed by Environmental Council of Virginia and works with the surrounding counties to preserve the land. Ms. Lind listed some non-profit organization as resources which offer a service to individual landowners to protect forest or farm land. Ms. Lind suggested hosting a workshop for engaging and educating citizens. Changing Landscaping Initiative Ms. Howard came forward, she works for Landscaping Initiative Smithsonian Conservation Biology Institute. One of Ms. Howard’s primary goals is to educate individuals and show them that the ecosystem is important for the future of the land. She gave a presentation on changing landscape. Ms. Howard showed different scenario of the model of the future landscape. When long term planning for the future, we should stop and think how this decision today will impact tomorrow future. Update on Easements/Discussion Frederick County has had no new inquiries. Chairman Kearns said the focus of the Authority is mainly on Conservation Easements, but the Authority can expand to other opportunities that would preserve the land. Mr. Henderson inquired as to why Clarke and Loudoun Counties has several acres of land preserved from development. Clarke County has in place Purchase of Development Right (PDR) Program and Loudoun County did have the PDR Program but discontinued the PDR Program. The reason for discontinuing the Program is that was unfair for taxpayer to help pay for the easements on individual parcels. Chairman Kearns gave several suggestions for the CEA to reach out and educate citizens. Ms. Howard was asked if she would be the main focal point with the Changing of Landscape presentation. 1. Workshops. 2. Easement Holders. 13 3. Approach Shenandoah University and hold a meeting (advertise the meeting) on Conservation Easements. 4. Work together with other organization e.g. soil and water people. 5. What resources are out there for the property owners? 6. Work with surrounding Counties. 7. Farm Bureau 8. Presentation to PC and BOS Chairman Kearns recapped what organization to be contacted so citizens can be informed and educated. Ms. Perkins handed out a letter of recognition for the Purchase of Development Rights (PDR) from Governor Northam. There being no further business, the meeting adjourned at 10:45. Respectfully submitted ____________________________ Diane Kearns, Chairman ______________________________ Candice E. Perkins, CEA Secretary 14