Board of Supervisors June 27, ,2023 Sheet 1  June 27, 2023  County of Greene, Virginia  THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, JUNE27,2023, BEGINNING AT 5:30 P.M. IN PERSON IN THE COUNTY ADMINISTRATION BUILDING  MEETING ROOM Present were:  Dale Herring, Chair Marie Durrer, Vice Chair Steve Bowman, Member Davis Lamb, Member Abbey Heflin, Member  Staff present:  Cathy Schafrik, County Administrator Brenda G. Garton, Interim County Administrator Jim Frydl, Director of Planning & Zoning Kim Morris, Deputy Clerk Kelley Kemp, County Attorney  RE: CLOSED MEETING Meeting the following matter(s):  WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body concerning the organizational structure of the County as it relates to employees and Consultation with legal counsel employed or retained by the public body and briefings by staff members pertaining to actual or probable legal litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture oft the public body, regarding specific legal matters, namely, the RSA litigation and withdrawal Discussion of plans to protect public safety as it relates to terrorist activity or specific cybersecurity threats or vulnerabilities and briefings by staff members, legal counsel, or law enforcement or emergency services officials concerning to actions taken to respond to such matters or a related threat to public safety as it relates to a large festival and such discussions in an open meeting would jeopardize the safety of any person or the security  overtime.  agreement.    Board of Supervisors June 27, 2023 Sheet 2  of any facility, building, or structure, specifically related to public safety in the WHEREAS, pursuant to: 92.2-3711(A)(), (A)(7), and (A)(19) of the Code of Virginia, NOW, THEREFORE, BE. ITI RESOLVED that the Board of Supervisors of Greene County Upon motion by Davis Lamb, second by Marie Durrer and unanimous roll call vote, the  administration building and a large local event.  such discussions may occur in Closed Meeting;  does hereby authorize discussion oft the aforestated matters in Closed Meeting.  Board entered into Closed Meeting. Recorded vote:  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes Yes Yes  Motion carried. RE: OPEN MEETING Board returned to open meeting. Recorded vote:  Upon motion by Davis Lamb, second by Marie Durrer and unanimous roll call vote, the  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes Absent Yes  Motion carried.  By unanimous roll call vote, members certified that only public business matters lawfully exempted from the open meeting requirement and only such matters as identified by the motion to  enter into closed meeting were discussed.  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.    Board of Supervisors June 27,2023 Sheet 3  RE: PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE  The Chair opened the meeting with the Pledge of Allegiance followed by a moment of Mr. Herring welcomed County Administrator, Cathy Schafrik to her first meeting.  silence.  RE: ADOPTION OF AGENDA agenda was adopted as presented. Recorded vote:  Upon motion by Steve Bowman, second by Marie Durrer and unanimous roll call vote, the  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  RE: MATTERS FROM THE PUBLIC  Mr. Fred Turck was present to ask the Board to do anything they could, such as more patrols by law enforcement, tol help with the higher level oft traffic in his subdivision due to VDOT  using it as a detour.  Ms. Deborah Turck was present to emphasize what Mr. Turck said and to ask the Board to reach out to VDOT to ask them to try to discourage the additional traffic from using their  neighborhood.  Ms. Gwen Baker was present to ask the Board to be sure that staff posts the new contact information for Water and Sewer on the website. She also shared information that she had found about the price ofl homes in developments that were built by the same company that will develop Wood Park. She said that those prices are going to price out the residents that currently live here. She said this is gentrification. Ms. Baker also welcomed Ms. Schafrik and told the Board that Ms. Schafrik is here to provide organizational oversight. She said that the time of the meet and greet  for Cathy should be moved to 6:00 p.m.  Ms. Cathy Darnell was present to say that she feels the County does not communicate with its citizens very well. She said that there is al lot of chatter about the Jaunt cutbacks, and she feels that the County should share why this is happening. She also said that she lives in Greene Acres along with the Turcks and said that the traffic increase is causing speeding and al lot ofd dust. Mr.. James Higgins was present to discuss the traffic study that will bej presented during the rezoning request by Southern Development this evening. He shared discrepancies that he found in the document that he hoped the Board would take into consideration when voting this evening.    Board of Supervisors June 27,2023 Sheet 4  Mr. Steve Barber was present to speak about the rezone request by 33 Greene LLC. He said that he feels the developer should wait to start building until after the reservoir is built. He said that this rezone would allow more density which would require more water, more public RE: PUBLIC HEARING (CONTINUED FROM THE APRIL 11, 2023 MEETING) TO CONSIDER A LEASE OF PUBLIC PROPERTY TO RAPIDAN SERVICE AUTHORITY Ms. Kemp said that this is a continuation of the public hearing that was left open on April 11,2023, to execute a lease agreement with Rapidan Service Authority to lease back their former administration building. The only change that has been made is to extend the end date to June 30,  safety, and more schools. He said that he is opposed to this rezone request.  PURSUANTTOSI 15.2-1800 OF THE CODE OF VIRGINIA  2024.  There were no public comments.  Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the  Board approved the lease agreement as presented. (See Attachment "A")  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes Yes Yes  Motion carried. E: CONSENT AGENDA  Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the  Board approved the consent agenda as presented.  a. b. C. d. e. f.  Minutes of previous meeting Attachment "B") Attachment "C") Board (See Attachment "D")  Resolution to establish authority of County Administrator, Cathy Schafrik (See Resolution to appoint Cathy Schafrik to the Blue Ridge Cigarette Tax Board (See Resolution to appoint Cathy Schafrik to the Blue Ridge Juvenile Detention Center Resolution to accept and appropriate $25,538.50 for an Item Conservation Grant Resolution to appoint Cathy Schafrik as the Director of Finance (See Attachment  for the Circuit Court Clerk's Office (See Attachment "E")  "F") Recorded vote:  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes Yes Yes    Board of Supervisors June 27,2023 Sheet 5  Motion carried.  RE: BOARD ACTION TO CONSIDER A REZONING REQEUST OF APPROXIMATELY 172 ACRES ON3E PARCELS, TMP# #'S 61-(a)-20, 60-(a)-42 AND 60-(a)-42a, OWNED BY33E GREENE, LLC FROM SENIOR RESIDENTIAL WITH PROFFERS TO PLANNED UNIT Mr. Frydl said that this is a hearing in which applicant asked for a deferral February 14, 2023. The applicant requested additional time to gather more information regarding the Board's questions about traffic and other issues that made them uncomfortable with this request. The property is currently approved for 600 senior residential units. Thea applicant isi requestingarezone from senior residential with proffers to planned unit development with proffers. Mr. Frydl said that this property is located in the growth area defined in the Comprehensive Plan. Mr. Frydl shared a presentation showing the location of the property and a traffic impact analysis. This analysis was a comparison of the ITE Trip Generation projections for the Village Oaks development in Fluvanna County, which has similarities to the proposed Woodpark development. This analysis showed a decrease from the previous number of trips provided from 1485 down to 708 which is a significant drop in the anticipated traffic. Mr. Frydl said that all the exits to Route 29 are already planned by VDOT: and Route 29 and Route 33 improvements are already underway. Mr. Frydl said that, in the original proffers, the developer was offering cash as each unit was built, but the developer is now offering cash proffers of $900,000 up front. They also added some additional senior focused proffers. Mr. Frydl said that the Planning Commission recommended  DEVELOPMENT WITH PROFFERS  approval 5-0 prior to the changes that were discussed this evening.  Mr. Bowman clarified that the proposed cash proffer is $1,900,000. Mr. Frydl said that is Mr. Charlie Armstrong of Southern Development was present to answer any questions the Board may have. He said that they have presented actual real world traffic data instead of the theoretical data which is the industry standard. He shared additional demographic data from the community in Fluvanna that was used as a comparison. He said that Mr. Higgins was correct that there was a typo on their cover letter regarding the dates of the traffic study and he thanked him for pointing that out. Mr. Armstrong said that they changed the amenity proffers to make this community as attractive as possible to seniors. Regarding water, Mr. Armstrong feels that this project will help to finance Greene's water project with its tap fees for each ofi its 600 homes.  correct.  Mr. Herring said that the public hearing has already been held and opened the floor to Mr. Lamb asked about water runoff, the layout of the house interiors and the traffic Mr. Armstrong said that ati intersections on major roads that are not light controlled, VDOT plans to force people to make the right turn instead of turning left, going up and making a U-turn. He agrees that it is inconvenient but said that it works, and it is what VDOT is pushing. He said that they are thinking 20 years in the future as this project will take a long time to build out. If  questions from the Board.  patterns. He said that these are his concerns about this development.    Board of Supervisors June 27, 2023 Sheet 6  someone wants to build a small apartment or condo and, ifit's accessible to seniors, such as with an elevator, it will meet the goal ofthe proffer. Mr. Armstrong said, as far as the stormwater goes, regulations are more stringent now than ever before and they follow all the guidelines set forth by  DEQ and Greene County.  Mr. Bowman said he likes that we will get cash proffers up front SO those funds can be directed where needed. He likes the integrated community type and said that we cannot control thel housing costs, that the market does that. He said that hel likes the changes that have been made. Ms. Heflin asked about the number of homes in the Village Oaks development. Mr. Armstrong said there are 155. She asked if there would still be entrances from 29 and 33. Mr. Armstrong said yes, Route 33 and Carpenters Mill. She said that she does not see the comparison of6001 homes versus 155 homes in the traffic study that was used. She said that her feelings have  not changed on this request.  Ms. Durrer said that she likes the fact that we will get some of the proffers up front. She worries about the water situation but understands that it will be many years before it is built out.  She said that she does like the concept.  Mr. Herring reiterated that there are 600 homes already approved for this project. He said that the proffers only allow 75 homes per year tol be built, so it would take at least 8 years to build this out, more likely more than 10 years. Mr. Herring said that, now that we control our water authority, hei feels thei reservoir project will move forward more quickly. He said that he supported this request ini thej past times that it came before the Board and that he will support it again tonight.  There was further discussion by the Board about the request.  Upon motion by Steve Bowman, second by Marie Durrer and affirmative roll call vote, the  Board approved the rezone request as presented. (See Attachment "G")  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes No No  Motion carried.  RE: AUTHORZATION TO ADVERTISE A PUBLIC HEARING ON PROPOSED RATE Mr. Frydl said that our new Water and Sewer Director, Alan Harrison has reviewed the ordinance on Water and Sewers and there are some changes that need to be made to ensure that the rates cover the cost of bringing water to the home and that the facility fee and any other fees are eliminated. Citizens have said that they want tol be able to control their water bill by controlling  CHANGE TOWATER AND SEWER FEES    Board of Supervisors June 27, 2023 Sheet 7  their usage. Mr. Harrison's 28 years ofindustry experience will help us make the updates needed  to ensure these goals are met.  Upon motion by Steve Bowman, second by Marie Durrer and unanimous roll call vote, the Board authorized the advertisement of a public hearing on proposed rate changes to water and  sewer fees. (See Attachment "H") Recorded vote:  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  RE: RESOLUTION TO ADOPT THE TOURISM BYLAWS  Ms.. Jenn Marie. Jacober was present via Zoom to answer any questions the Board may have regarding the changes to the Tourism Council Bylaws. The Board has seen versions oft the bylaws in the past. Ms. Jacober said that the changes that were made were very minimal and were  approved by the Tourism Council.  Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the  Board adopted the Tourism Council Bylaws as presented. (See Attachment "T")  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  RE: CONSIDERATION OF POTENTIAL REVISION TO PERSONAL PROPERTY TAX Ms. Garton said that the assessed values ofvehicles went through the roofbecause second- hand vehicles were in such high demand. Personal vehicles are subject to the State's Personal Property Tax Relief Act, but business vehicles are not. Mr. Steve Catalano, a businessman in the County, approached Board members and herself to talk about ways to lower this burden on businesses in Greene. He did a lot ofresearch and has offered a proposal for the Board's review. Ms. Garton asked the Board ifai majority of them would like staff to pursue this project. She said that the Commissioner of Revenue is aware of the inconsistencies in the way assessed values are assigned to vehicles and plans to research different methodologies for next year. Ms. Garton cautioned that this is a very complicated issue that can affect the budget process ini many ways.  ON BUSINESS VEHICLES    Board of Supervisors June 27,2023 Sheet 8  Mr. Lamb said that he liked Mr. Catalano's si ideas but worries abouti issues potential changes could cause farmers in our County. He said that he does think staff should investigate this issue. Mr. Bowman said that he is supportive of staff looking into this. He does not want to see businesses move their equipment out of the County because oft the discrepancies in assessments. Ms. Heflin said that she is in support of staff looking into this and asked ifs staff could also investigate tax relief for the elderly. Mr. Herring said that since that is a separate issue and should be brought up in budget discussions. Ms. Garton said that this issue is on the Commissioner of  Revenue'sI radar, and she intends to research the options.  Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the Board requested that staff review possible revisions to the personal property tax on business  vehicles.  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  RE: AUTHORZATION TO DEVELOP AND ADVERTISE AN ORDINANCE FOR THE MPLEMENTATION OF PHOTO SPEED MONITORING DEVICES IN HIGHWAY WORK ZONES AND SCHOOL CROSSING ZONES AND THE PROCUREMENT OPTIONS FOR Ms. Kemp said that there was a presentation at the last meeting from a specific company regarding cameras ins school zones to catch speeders and thel Board seemed tol bei in favor ofp pursing that. Ms. Garton asked the presenter iftheirs was the only company that performs this service and he said that they were not. She said that an ordinance would have tol be written and aj public hearing  SUCH  would be held before the County could procure these services.  Mr. Bowman said that he thinks the ordinance should be written as broad as possible to include any options the County may wish to pursue in the future. He said that he feels the County should procure the service to see if there are other companies that could offer a better deal. Mr.  Herring and the other Board members agreed. RE: BOARDLIAISON REPORTS  Mr. Bowman said that he attended the Jaunt meeting on June 14th. They discussed the service reductions effective July 1St. He said that we need to get better information out to our citizens. He said that we didi not de-fund. Jaunt in any way. Wejust did not give them the additional money that they wanted, which was a 35-40% increase. He also attended the School Board meeting on June 14th. He said that Dr. Kyle Purcell is the Superintendent designee. He said they    Board of Supervisors June 27, 2023 Sheet 9  have 23 open positions with authorization to hire before their next meeting which is August gth. He said that he attended the last RSA meeting on the 20th. Mr. Bowman attended the Planning Commission meeting on the 215t and they held aj public hearing with Crimson Rock Capital which  will be coming to the Board soon.  Mr. Herring said that he would like to point out that the Board actually increased Jaunt's budget last year and did not defund them. Mr. Bowman said that the Board should look at the return oft the investment they are getting with Jaunt and see ifthere are better options. He said that there was an ESAB meeting where they discussed options for which fire department was toi receive the next vehicle from the County. It was supposed to go to Dyke Fire, but they voted that Ruckersville should get a tanker truck. He said that this was not a popular decision and that the Board should look at] how tol better manage the money that they give to the fire departments going forward. There was also a presentation of the Safer Grant for retention and recruitment of volunteers. There was discussion oft tax relief for volunteers which Chief Clay has brought up in the past. Mr. Herring said he fully supports that reliefand feels the Board should consider it.  RE: COUNTY ADMNISTRATORS UPDATE  Ms. Garton said staff continues to work with Baker Tilly about the results of the salary study and benefits in comparison to other localities and it will be finalized in July or August. The RSA transition was finalized this past Friday. The property was transferred, and the County received a check for $1.3 million which was part oft the agreement with RSA. Wealso received a check for $330,469.97 which was for January through March collection of facility fees, and we will receive another for the second quarter of the calendar year soon. She said that Mr. Alan Harrison is off and running the new water and sewer system and she said that we are very happy that he's here. She thanked Mr. Frydl for all his work in the Interim Water and Sewer Director position and said that we couldn't have done it without him. She said that her contract with the County ends on July 14thand] her last week will be remote work. She thanked the Board for hiring her and trusting her for these last nine months. She again welcomed Cathy Schafrik and said that they had been working to get her caught up on everything. Ms. Garton said that Cathy is going to be great, and the Greene County staffis wonderful. She thanked the community and said that this  isab beautiful place to live and work and that the community is lovely.  Mr. Herring presented Ms. Garton with flowers and a gift as a thank you from the Board for all her hard work. He said that her impact on our community has been very positive and that  we could not have accomplished what we have without her. RE: OTHER ITEMS FROMTHE BOARD  Mr. Lamb said that he has received comments from citizens about the intersection at  Lowe's being unsafe. RE: ADJOURN Board meeting was adjourned.  Upon motion by Steve Bowman, second by Abbey Heflin and unanimous roll call vote, the    Board of Supervisors June 27, 2023 Sheet 10  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Abbey Heflin Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  122 a Dale Herring, Chair  Cathy Schafrik,  Greene County Board of Supervisors  Greene County Board of Supervisors/  GR6.    Board of Supervisors June 27, 2023 Attachment A  FINAL 6/21/23  LEASE. AGREEMENT  THIS LEASE (this Lease") is made effective this 34hh day of Jung 2023 (the Commencement Date"), by and between GREENE COUNTY, a political subdivision of the Commonwealth of Virginia ("Landlord"), and RAPIDAN SERVICE AUTHORITY, a political  subdivision oft the Commonwealth of Virginia ("Tenant").  WITNESSETH:  1.  Premises. Landlord hereby leases to Tenant and Tenant hereby leases from  Landlord, on an "AS IS, WHERE IS" basis, that certain real estate located at 11235 Spotswood Trail, Ruckersville, Virginia 22968, in Greene County, Virginia, together with all buildings and other improvements thereon, including the "administration building" located thereon, as more particularly described as Tax Map Number 50-A-3 (the Premises").. Except as expressly provided herein, Landlord makes no representations or warranties concerning the condition or fitness of the  Premises. 2.  Term. The term oft thisl Lease (the "Term") shall begin on the Commencement Date  and expire on June 30, 2024 (the "Expiration Date"). Tenant shall not have the option to extend the' Term beyond the Expiration Date. Ifboth parties agree in writing, the Lease may be extended  for an agreed upon period of time and at an agreed upon rental rate.  3. 4.  Rent. Tenant shall pay Landlord rent in an aggregate amount equal to One Dollar Property' Taxes. Tenant acknowledges and agrees that the Premises is exempt from  ($1.00), which shall be due and payable in advance on the Commencement Date.  taxation under Section 58.1-3606 of the Code of Virginia (1950). Tenant shall take no actions that would impair such tax-exempt status. In the event Tenant takes any action that would violate this Section 4, Tenant shall promptly pay, at' Tenant'ss sole expense, as and when due, all resulting taxes related to the Premises that may be levied and assessed by any governmental authority upon the Premises and any improvement thereon, including all real estate taxes and assessments.  5.  Utilities and Services. Tenant shall pay for all utilities provided to the Premises,  including, but not limited to, those necessary for heat, ventilation, air conditioning, gas, hot and  cold water, electricity, internet, garbage disposal, and sewer services.  6.  Maintenance Responsibilities. During the Term, Landlord shall be responsible for  the repairs and maintenance of the major structural elements of the Premises, including the roof, exterior walls, foundation, HVAC system, plumbing, electrical and mechanical devices. During the Term, Tenant shall be responsible for the repairs and maintenance of the interior of the Premises and outdoor landscaping. Tenant shall take good care of the Premises and shall not door suffer any waste with respect thereto. Landlord shall promptly make all repairs to the Premises, of every kind and nature, necessary to keep the Premises in good order and condition. Tenant shall keep and maintain all portions of the Premises, including, without limitation, the fixtures and equipment thereof and the bathrooms facilities contained therein, in a clean and orderly condition, free of accumulation of dirt, rubbish, and other obstructions. All damage or injury to the Premises  1  272104000/1040013V2    FINAL 6/21/23  or any part thereof caused by Tenant or its employees, agents, or invitees, shall be promptly  repaired at Tenant's sole cost and expense.  7.  Improvements. Tenant shall not make any material alterations, additions, or other  improvements to the Premises without Landlord's prior written consent. The ownership of any such approved alterations, additions, or improvements shall vest in Landlord at the expiration of  this Lease, unless otherwise agreed by Landlord.  8.  Signage. Within thirty (30) days after the Commencement Date, Tenant shall  remove all signage from the Premises that identifies or otherwise references Tenant; provided, that Tenant shall leave the brick sign structure located on the Premises inj place and undamaged. Tenant shall not install any additional signage during the Term without Landlord's prior written consent. reasonable hours and upon reasonable prior notice to Tenant to enter the Premises, and upon such notice, Tenant shall permit Landlord, its agents, employees and contractors to enter the Premises and all parts thereof at any reasonable time; provided, that, Landlord shall not unreasonably disrupt  9.  Right of Entry. Landlord and Landlord's agents shall have the right during  Tenant's business operations.  10. Insurance. For the duration of the Term, Landlord shall maintain in full force and effect fire and extended coverage insurance on the buildings and improvements on the Premises in amounts as determined by Landlord but not less than the value oft thej property and improvements shown on the Greene County WebGIS of $259,300. Tenant shall keep and maintain in full force and effect aj policy ofi insurance on the contents of the building, naming Landlord as an additional insured thereon. Tenant shall maintain in full force and effect a general liability policy insuring both the Landlord and Tenant against the risk of loss due to personal injury or property damage  arising from the use of the premises.  11. Environmental Matters.  11.1As used in this Lease: (i) Hazardous Wastes" means all waste materials subject to regulation under the Comprehensive Environmental Response, Compensation, and Liability Act as modified by the Superfund Amendments and Reauthorization Act of 1986, the Resource Conservation and Recovery Act, or applicable state law and any other applicable federal, state or local laws and their regulations now in force or hereafter enacted relating to hazardous waste disposal; and (ii) "Toxic Substances" means and includes any materials present on the Premises which have been shown to have significant adverse effects on human health or which are subject tor regulation under the' Toxic Substances Control Act, applicable state law, or any other applicable federal, state or local laws now in force or hereafter enacted relating to toxic substances. "Toxic Substances"includes, but is not limited to, asbestos, polychlorinated biphenyls (PCB's), petroleum products, and lead-based paints. All such laws relating to Hazardous Waste disposal and Toxic 11.2 Tenant shall comply in all respects with all Environmental Laws and shall not, without Landlord's prior written consent, permit any activity at or on the Premises that involves, or could involve, (i) the use, manufacture, storage or disposal of Hazardous Wastes or Toxic Substances,  Substances are collectively referred to herein as Environmental Laws".  2  272104000/104001342    FINAL 6/21/23  or (ii) the imposition of liability on the Landlord or any other subsequent owner of the Premises or the creation of a lien on the Premises under any Environmental Laws. Tenant shall promptly notify Landlord in the event oft the discovery of any Hazardous Wastes or Toxic Substances as the Premises, any spillage or leak of Hazardous Wastes or Toxic Substances, and any violation or  potential violation of any Environmental Law at or on the Premises.  12. Eminent Domain. Ifany part of thel Premises shall be taken for any public or quasi- public use under any statute or by right of eminent domain, or by purchase in lieu thereof, then Tenant shall have the option to terminate this Lease as of the date that title shall be taken. All compensation awarded or paid in any such eminent domain proceeding shall belong to and be the property of Landlord without any participation by Tenant; provided, however, that nothing contained herein shall be construed toj preclude Tenant fromj prosecuting any claim directly against  the condemning authority.  13. Default. In the event either party fails toj perform, or violates any oft the covenants, conditions, provisions or agreements herein contained when due, and such failure or violation continues for thirty (30) days after written notice thereof from the non-defaulting party (or such longer period of time as may be reasonable under the circumstances), the non-defaulting party shall have the right to terminate this Lease upon at least five (5) days' written notice to the defaulting party. A termination under this Section 14 shall not waive any claim the non-defaulting party has against the defaulting party; and upon any such termination, the non-defaulting party shall, in addition to all other rights and remedies it may have at law or in equity, be entitled to enforce any or all of the defaulting party'so obligations hereunder by specific performance and shall be entitled to collect all damages it may incur on account of such default, including, but not limited  to, reasonable attorney fees.  14. NoAssignments or Subleases. Tenant shall not assign, mortgage ori in any manner transfer this Lease or any estate or interest herein or permit any such assignment or transfer to occur by operation of law or otherwise sublet the Premises or any part thereof without the prior  written consent ofI Landlord.  15. Surrender. Upon the expiration of this Lease, Tenant shall surrender the Premises broom clean, in good order and condition, and in substantially the same condition as leased to Tenant on the Commencement Date, normal wear and tear and damage due to acts of God  excepted, subject to requirements of Section 7 above.  16. Notices. All notices, demands, requests and other instruments that are required or may be given under this Lease or the law, shall be given by US. mail, postage prepaid, registered, or certified, return receipt requested, properly addressed at the addresses set forth below with  sufficient postage prepaid.  17. Governing Law. All of the terms hereof shall be governed and construed by the 18. Entire Agreement; Waivers. This Lease forms the entire agreement between Landlord and Tenant and supersedes all prior agreements with respect to the subject matter herein  laws of the Commonwealth of Virginia.  3  2721040007104001342    FINAL 6/21/23  and noj provision hereof shall be altered, waived, amended, or extended, except in a writing signed by both parties. No Party shall be considered to have waived any of the rights, covenants, or conditions of this Lease unless evidenced by its written waiver and the waiver of one default or  right shall not constitute the waiver of any other.  19. Severability. If any term or provision of this Lease is invalid, illegal or unenforceable in any. jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Lease or invalidate or render unenforceable such term or provision  in any otherj jurisdiction.  20. Survival. All obligations of Tenant hereunder not fully performed as of the expiration or earlier termination of the Term shall survive the expiration or earlier termination of  the Term hereof until fully performed or waived in writing by Landlord.  21. Counterparts. This Lease may be executed in any number of counterparts, each of which when SO executed and delivered shall be deemed an original for all purposes, and all such counterparts shall together constitute but one and the same agreement. A signed copy oft this Lease delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have  the same legal effect as delivery of an original signed copy of this Lease.  [Signature pagefollows.]  4  272.1040007104001342    FINAL 6/21/23  6  272/04000/1040013V2    FINAL 6/21/23  IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of  the date first written above.  LANDLORD: Greene County By: Dole Namerp Title: Chair Address for Notices: P0B0x358 Snnardsulle.NA  TENANT:  Rapidan Service Authority  By: Name: Title:  pirg  Address for Notices:  82473 hyp  Approved as to form: County Attorney  5  272/040001104003V2    Board of Supervisors June 27, 2023 Attachment B  RESOLUTIONTO: ESTABLISH AUTHORITY OF THE  COUNTY ADMINISTRATOR OF GREENE COUNTY, VIRGINIA  WHEREAS, pursuant to Virginia law the Greene County Board of Supervisors is vested with all of the authority and responsibility for managing and administrating the functions of county government;  and  WHEREAS, pursuant to Va. Code $15.2-1540 the Board is authorized to appoint a chief WHEREAS, pursuant to Virginia law, the County Administrator has such authority as is delegated WHEREAS, the Board of Supervisors has determined that it is in the best interest of the county WHEREAS, on May 23, 2024, the Board of Supervisors approved a contract to hire Catherine NOW BE: IT THEREFORE RESOLVED by the Board of Supervisors of Greene County that the effective June 26, 2023, Catherine Schafrik, County Administrator for Greene County is designated the administrative head of government who shall be responsible to the governing body for the proper management of all the affairs of the locality which the governing body has authority to control.  administrative officer, and has appointed the County Administrator to serve in that role; and  to the Administrator by the Board of Supervisors; and  too clearly delineate and identify the authority of the County Administrator; and  Schafrik as County Administrator effective. June 26, 2023.  Be it FURTHER RESOLVED that Catherine Schafrik, County Administrator, shall have the  following delegated authority from the Board of Supervisors:  I.  All authority granted by Va. Code $15.2-1541 which shall include:  1. See that all ordinances, resolutions, directives and orders of the governing body and all laws of the Commonwealth required tol be enforced through the governing body or officers 2. Make reports to the governing body from time to time as required or deemed advisable 3. Receive reports from, and give directions to, all heads of offices, departments and boards 4. Submit to the governing body a proposed annual budget, in accordance with general law,  subject to the control of the governing body are faithfully executed; upon the affairs of the locality under his control and supervision;  of the locality under his control and supervision;  with his recommendations;  5. Execute the budget as finally adopted by the governing body;  6. Keep the governing body fully advised on the locality's financial condition and its future  financial needs;    7. Appoint all officers and employees of the locality, except as he may authorize the head of an office, department and board responsible tol him to appoint subordinates in such office,  department and board.  Said authority shall also include the authority to;  i. ii.  Designate officers and employees to perform administrative duties and to exercise Propose personnel policies for adoption or amendment by the Board and to administer such personnel policies and procedures, which shall include a grievance iii. Promulgate administrative policies and procedures necessary for the safe, secure  administrative powers. procedure.  and orderly operation of County business.  iv. Appoint a Financial Officer pursuant to Va. Code $15.2-1537. 8. Perform such other duties as may be prescribed by the governing body.  9. Maintain a centralized system of accounting for the county, including the county school board and the local board of social services, pursuant to Va. Code $15.2-1541.1.  II. Serve as Clerk to the Board of Supervisors.  III. All of the authority necessary to serve as the Director of Emergency Management pursuant to Va. IV. All of the authority necessary to serve as Purchasing Agent, and to make purchases, and execute contracts for the purchase of goods and/or services where the dollar amount for said goods and/or services is contained in the approved county budget, except that any purchases over the amount established in the Public Procurement Policy for the County of Greene shall require the approval of the Board of Supervisors, and all purchases shall be in accordance with such Board approved  Code 44-146.19(B)(2).  procurement policy pursuant to Va. Code $2.2-4303.    V. To sign any agreements, forms, or documents that are incidental to, or related to the performance by the County Administrator of any oft the above-described duties and responsibilities. ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ONJUNE27,2023.  2 1L Dale Herring, Chairman Greene County Board of Supervisors  ATTEST:  himbenlymmin. Kimberly Morfis, Deputy Clerk Greene County Board of Supervisors  Recorded Vote: Steve Bowman Marie Durrer Abbey Heflin Dale Herring David Lamb  Yes Yes Yes Yes Yes    Board of Supervisors June 27, 2023 Attachment C  RESOLUTION TO APPOINT COUNTY ADMINISTRATOR CATHY SCHAFRIK TO THE  BLUE RIDGE CIGARETTETAXBOARD  WHEREAS, the Blue Ridge Cigarette Tax Board (BRCTB) was established pursuant to Code of Virginia $ 58.1-3832 to assess, collect and disburse the cigarette taxes levied by and for its member  jurisdictions.  WHEREAS, the current members of the BRCTB are the Counties of Albemarle, Augusta,  Fluvanna, Greene, Madison and Orange; the City of Charlottesville; and the Town of Madison. WHEREAS, the Board is composed of one representative from each jurisdiction;  WHEREAS, the Board wishes to appoint Cathy Schafrik as the representative for Greene County; NOW BE IT THEREFORE RESOLVED by the Board of Supervisors of Greene County that the County Administrator Cathy Schafrik is hereby appointed to the Blue Ridge Cigarette Tax Board with  at term concurrent with her employment.  ADOPTED BYTHE GREENE COUNTY BOARD OFSUPERVISORS ONJUNE27,2023.   1 Dale Herring, Chair  Greene County Board of Supervisors  ATTEST:  Aumlwonly Mn Kimberly Morfis, Deputy Clerk Greene County Board of Supervisors  Recorded Vote:  Motion: Steve Bowman Second: Davis Lamb  Votes: Bowman:Yes Durrer: Yes Herring: Yes Lamb: Yes Heflin: Yes    Board ot Supervisors June 27, 2023 Attachment D  RESOLUTIONTO APPOINT COUNTY ADMINISTRATOR CATHY SCHAFRIK TO THE  BLUE RIDGEJUVENILE DETENTION COMMISSION  WHEREAS, the Blue Ridge Juvenile Detention Commission was established as a public body WHEREAS, the Blue Ridge Juvenile Detention Commission has five members, who shall be the county administrators, executive and city managers of each of the participating jurisdictions, or their  corporate under the laws of the Commonwealth of Virginia;  alternates designated as permitted by state law;  WHEREAS, the Board wishes to appoint Cathy Schafrik as the representative for Greene County; NOW BE IT THEREFORE RESOLVED by the Board of Supervisors of Greene County that the County Administrator Cathy Schafrik is hereby appointed to the Blue Ridge Juvenile Detention  Commission with a term concurrent with her employment.  ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ONJUNE: 27, 2023.  2 1h Dale Herring, Chair  Greene County Board of Supervisors  ATTEST:  Kmlanly Mw Kimberly Morris, Deputy Clerk Greene County Board of Supervisors  Recorded Vote:  Motion: Steve Bowman Second: Davis Lamb  Votes: Bowman: Yes Durrer: Herring: Yes Lamb: Heflin:  Yes Yes Yes    Board of Supervisors June 27, 2023 Attachment E  RESOLUTIONTO ACCEPT AND APPROPRIATE TWENTY-FIVE THOUSAND FIVE HUNDRED THIRTY-EIGHT DOLLARS AND FIFTY CENTS FOR ITEM  CONSERVATION GRANT  WHEREAS, the Clerk's Office of the County of Greene has received funding for the WHEREAS, the funds in the amount of twenty-five thousand five hundred thirty-eight dollars and fifty cents ($25,538.50) need to be appropriated to the appropriate line item in the  Item Conservation Grant; and  2022-2023 budget of the County of Greene, Virginia.  NOW, THEREFORE, ITISI HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that twenty-five thousand fivel hundred thirty-eight dollars and fifty cents ($25,538.50) be appropriated to the 2022-2023 budget of the County of Greene. BE IT FURTHER RESOLVED that the County Administrator of the County of Greene, Virginia is authorized to make the appropriate accounting adjustments in the budget  to do all things necessary to give this resolution effect. Adopted this 27h day ofJ June, 2023.  Motion: Steve Bowman Second: Davis Lamb Recorded Vote: Steve Bowman Marie C. Durrer Abbey Heflin Dale RI Herring Davis Lamb  Yes Yes Yes Yes Yes  D9K 3 Dale R. Herring, Chair Greene County Board of Supervisors  ATTEST:  rendat GartonClerk Greene County Board of Superyisors Cathetine Schatrk  GERAs    Board of Supervisors June 27, 2023 Attachment F  RESOLUTION TO APPOINT COUNTY ADMINISTRATOR CATHY SCHAFRIK AS DIRECTOR OF FINANCE  WHEREAS, Greene County Deputy County Administrator/Director of Finance Tracy Morris  retired effective December 31, 2022; and  WHEREAS, the county is conducting a search for ai new Director of] Finance; and  WHEREAS, there are ai number ofdocuments and actions which require approval by the Director NOW BE IT THEREFORE RESOLVED by the Board of Supervisors of Greene County that County Administrator Cathy Schafrik is hereby appointed as the Director of Finance, effective June 29, 2023, until such time as the Director of Finance is hired or Ms. Schafrik is no longer employed by Greene  of Finance.  County, whichever occurs first; and  BE. IT FURTHER RESOLVED that the previous appointment of Interim County Administrator ADOPTED BYTHE GREENE COUNTY BOARD OF SUPERVISORS ONJUNE 27, 2023.  Brenda Garton as Director of Finance is hereby terminated effective June 29, 2023.   7L Dale Herring, Chair  Greene County Board of Supervisors  ATTEST:  Kinlely nnu Kimberly Morts, Deputy Clerk Greene County Board of Supervisors  Recorded Vote:  Motion: Steve Bowman Second: Davis Lamb  Votes: Bowman: Yes Durrer: Herring: Yes Lamb: Heflin:  Yes Yes Yes    Board of Supervisors June 27, 2023 Attachment G  0-2022-014  AN ORDINANCE TO REZONE APPROXIMATELY 172 ACRES ON 3 PARCELS, TMP#'S 61- (A)-20, 60-(A)-42, AND 60-(A)-42A, OWNED BY 33E GREENE, LLC FROM SR (SENIOR RESIDENTIAL) WITH PROFFERS TO PUD (PLANNED UNIT DEVELOPMENT) WITH  PROFFERS.  WHEREAS, 33E Greene LLC, submitted a request (RZ#22-005) to the Greene County Board of Supervisors to rezone approximately 172 acres on three parcels from SR (Senior Residential) WHEREAS, $15.2-1427 and $15.2-1433 of the Code of Virginia, 1950, as may be amended from time to time, enable a local governing body to adopt, amend and codify ordinances or WHEREAS, $15.2-2280, $15.2-2285, and $15.2-2286 of the Code of Virginia, 1950, as amended, enables a local governing body to adopt and amend zoning ordinances; and WHEREAS the Planning Commission advertised and held a public hearing on the proposed rezoning on December 21, 2022, and all of those who spoke on this topic were heard; and WHEREAS, the Planning Commission voted 5-0 to recommend approval of the request to WHEREAS, public necessity, convenience, general welfare, and/or good zoning practice WHEREAS, the Greene County Board of Supervisors caused to be published a notice of public hearing on this matter in the Greene County Record on February 2, 2023, and February 9, WHEREAS, the full text of this request was available for public inspection in the Greene County Administrator's Office, County Administration Building, 40 Celt Road, Stanardsville, Virginia WHEREAS, on February 14, 2023, the Greene County Board of Supervisors held a public hearing on this matter, and all those who spoke on this topic were heard. At this time, the Greene County Board of Supervisors deferred action for further clarification. NOW, THEREFORE, BE IT ORDAINED, that the Greene County Board of Supervisors hereby approves Ordinance 0-2022-014 to rezone approximately 172 Acres on 3 parcels, TMP#'s 61- (A)-20, 60-(A)-42, and 60-(A)-42A, OWNED BY 33E Greene LLC from SR (Senior Residential) with proffers to PUD (Planned Unit Development) with proffers dated October 24, 2022  with proffers to PUD (Planned Unit Development) with proffers.  portions thereof; and  rezone the subject property; and support denial of this rezoning; and  2023, and  22973; and  (attached).    0-2022-014  ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON JUNE 27, 2023.  Motion: Steve Bowman Second: Marie Durrer  Votes: Durrer: Lamb: Bowman: Yes Heflin: Herring:  Yes No No Yes  2 f Dale Herring, Chair  Greene County Board of Supervisors  Greene County Board of Supervisors  - B4pe    Board of Supervisors June 27, 2023 Attachment H  AUTHORIZATION TO ADVERTISE A PUBLIC HEARING TO CONSIDER  ADOPTION OF REVISED WATER AND SEWER RATES  WHEREAS, Virginia Code $ 15.2-2109 et. seq authorizes localities to establish or obtain WHEREAS, Greene County Ordinance Chapter 31 addresses Water and Sewer issues; WHEREAS, Greene County has assumed all ownership and operations for water and WHEREAS, Greene County Ordinance Chapter 31 was last reviewed and modified on WHEREAS, Water and sewer: rates previously adopted in the Greene County Ordinance NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Greene County, Virginia that an advertisement be placed for a revised ordinance for the Board's ADOPTED BY' THE GREENE COUNTY BOARD OF SUPERVISORSO ONJUNE A 27,2023.  control of water and sewer utilities; and  and  wastewater utilities in Greene County; and  March 28, 2023 at the beginning of the utility transfer process; and  Chapter 31 need tol be revised.  consideration.  22 7 Dale Herring, Chairman Greene County Board of Supervisors  Greene County Board ofs Supervisors  ELpe    Board of Supervisors June 27, 2023 Attachment I  RESOLUTION OF THE. BOARD OF SUPERVISORS OF GREENE COUNTY,  VIRGINIA, ADOPTING THE BYLAWS OF THE TOURISM COUNCIL, AS AMENDED  WHEREAS, the Greene County Tourism Council advises the Board of Supervisors on allocating all' Tourism dedicated TOT revenues in accordance with the Virginia Code Section 58.1-  3819; and  WHEREAS, at their bi-monthly meeting, on June13, 2023, the Tourism Council approved NOW,THIEREFORE, BEITI RESOLVED that the Greene County Board of Supervisors BE IT FURTHER RESOLVED that these amended Bylaws be posted on the Greene ADOPTED BYTHE GREENE COUNTY BOARDOFSUPERVISORS ONJ JUNE: 27,2023.  the recommended amendments to their Bylaws;  does hereby adopt the Bylaws of the Greene County Tourism Council, as amended; and  County website for public access.  Motion: Steve Bowman Second: Davis Lamb Votes: Bowman: Yes Durrer: Yes Heflin: Yes Herring: Yes Lamb:  Yes  22 n Dale Herring, Chair  ATTEST: Cathy Schafrik  ppa    GREENE COUNTY TOURISM COUNCIL  BY-LAWS  The Greene County Board of Supervisors and the Greene County Tourism Council adopt the following articles to provide guidance toi the members in the performance of their duties.  ARTICLEI- GENERAL  1. NAME: There will be a Tourism Council (hereafter "Council") organized and maintained to advise and consult the Greene County Board of Supervisors (hereafter "Board"). This local Council will work collaboratively with the Economic Development and Tourism Director and staff 2. GENERAL PROCEDURE: In all matters not prescribed by the Code of Virginia or these by-laws, the Council will conduct its business in accordance with Robert's Rules of Order. Failure to follow 3. PURPOSE: The Council and the EDT Staff will collaborate concerning ther marketing of Greene County Tourism, the attraction of travelers to Greene County, initiatives to increase occupancy at lodging properties in Greene County, and initiatives to increase the tourism revenues generated from these initiatives. Further, the Council will advise the Board on allocating all Tourism dedicated TOT revenues; these efforts are necessary and appropriate in accordance with the Virginia Code Section 58.1-3819. The Council may also advise the Board about opportunities to secure additional funding for tourism activities through available grants and other funding 4. COMPENSATION: Council members shall serve without monetary compensation.  (hereafter "EDT").  Robert's Rules of Order does not invalidate actions.  sources as they become available.  ARTICLEII-S STRUCTURE AND PROCEDURE  1. COMPOSITION: The Council shall be composed of 5-9 voting members. To the extent practicable, Council members shall work for, own a tourism-related business in Greene County, or have tourism-related expertise. To the extent practicable, the Council will have a diverse representation including not less than two having ties to the tourism lodging business and otherwise including representatives from the following tourism-related industries: restaurants, lodging, antique & crafts shops, wedding & party venues, artists & artisans, wineries/Vineyards, breweries, and/or outdoorr recreation. The Board shall appointanon-voting liaison representative to attend meetings of the Tourism Council. EDT staff shall attend meetings and provide administrative support to the Council. EDT staff shall not be voting members of the Council. 2. TERMS: Members will be recommended by the Council and appointed for three-year terms by the Board of Supervisors. Each Member will hold office fori three years or until a successor shall    have been duly qualified and appointed or until the Member shall resign or shall have been removed in the manner herein provided. Upon expiration of terms, duly qualified successors will be identified by the Council and approved by the Board of Supervisors. If any member should leave the Council before the completion of their appointed term, the Council will make a 3. OFFICERS: The officers of the Council will be a Chair and Vice-Chair. They will be elected for one year by the Council and will hold office until duly qualified successors are elected. A new election will be held at the last meeting of the Fiscal year. The new officers will start their terms as of July 15t ofe each year. The specific duties of the officers of the Council are described in Article 4. MEETINGS; MINUTES: The Council is a public body and shall conduct itself accordingly. Regular meetings will be held by the Council at least bi-monthly, at such time(s) and location(s) as the Council may find convenient. Special meetings of the Council may! be called at any time by the Chair, to be held at at time and place designated by the Chair ini the call oft the meeting. Notices of both regular and special meetings shall be posted by the Visitor Center Coordinator to the EDT website and posted at the Greene County Administration Building where notices are regularly posted. The Council draft agenda will be sent to members of the Council not less than three (3) days before any such meeting. Notices of special meetings shall state the purposes thereof. The Visitor Center Coordinator shall serve as the Clerk for the Council and shall draft and maintain the 5. QUORUM REQUIREMENTS: A quorum at any meeting shall consist of a majority of the entire membership of the Council. A majority of such quorum may decide any question that may come 6. REMOVAL: If any Council member is absent from three consecutive meetings, and has been properly notified, and has not notified the Council of his/her intended absence, the remaining Council members may request by majority vote of the entire Council that the member be 7. DUTIES AND RESPONSIBILITIES: The Council & EDT Staff will undertake various activities to promote tourism in Greene County, including the following duties and responsibilities: a. Annually, in or around August, advise and consult with the Board concerning previous year's marketing of Greene County tourism and its fiscal impacts and strategically plan newi initiatives to increase the tourism revenues generated in Greene County. The annual 1. Council member(s)! jointly with EDT Director and staff shall present on the State of  recommendation to the Board for a replacement to the Council.  III.  minutes of Council meetings. (See, Va. Code Sec. 2.2-3707.)  before the meeting.  removed and replaced.  reporting will consist oft the following four elements:  Greene County Tourism;    2. Council to report on direct actions, status of projects, advice provided during the 3. Council to report on and seek updates concerning any Board outstanding items;  year; and  4. EDT Director and staff to report on Office activities.  b.A Annually participate in the Greene County budget process by collaborating with EDT staff to create the Tourism Budget submitted to the Board and advise Board on mid-budget Receive regular financial reports from EDT staff including TOT collections and budgeted d. Consult with and provide recommendations to EDT regarding the development of an e. Provide recommendations to EDT to ensure the general information pages about Greene County on the state Virginia Tourism Corporation (VTC) website are accurate and up-to- date and to encourage tourism businesses in Greene County to maintain a listing on the f. Provide recommendations to EDT on production of brochures to advertise Greene County. Provide recommendations to EDT on consistent branding of Greene County Tourism. h. Provide recommendations to EDT on updating the Greene County and Greene County Encourage new ways of promoting tourism ini the County as new technologies and media Promote Greene County as a venue for events by assisting, encouraging, and advising k. Provide information and advise the Visitor Center Coordinator in maintaining a community calendar of events for Greene County to be posted on the Tourism website S Share information to support the maintenance of a database of local vendors and  cycle Tourism funding requests.  expenditures. annual advertising plan.  VTC website.  Tourism websites. develop.  organizations that seek to hold events in Greene County.  and at the Visitor Center.  suppliers by EDT and encourage event planners to use them.  ARTICLE III -OFFICERS DUTIES AND RESPONSIBILITES  CHAIR: The Chair of the Council will undertake the following duties and responsibilities: a. Preside over all meetings of the Council, and with the help of the EDT Director and staff  develop the agenda for those meetings. b. Call special meetings when necessary and appropriate. - Sign official papers of the Council.  d. Perform such other duties as are incident to the office or are properly required by the VICECHAIR:The Vice Chair of the Council will undertake thet following duties and responsibilities:  Council.    a. Ini the absence oft the Chair, perform all the duties of the Chair. (In the absence of both the Chair and the Vice Chair, the Committee shall elect a Chair Pro Tempore who shall perform  all duties of the Chair.)  b. Assist potential subcommittees and attend their meetings as needed.  ARTICLE IV - AMENDMENTS  PROCEDURE: These by-laws may be amended, repealed or altered, in whole or in part, at any time, by the Board. Council may make a recommendation to the Board by a two-thirds majority  vote of the entire Council.