Board of Supervisors April 9, 2019 Sheet 1 April 9,2019 County of Greene, Virginia THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, APRIL 9, 2019 BEGINNING AT 6:30P.M. IN THE COUNTY MEETING ROOM. Present were: Bill Martin, Chair Michelle Flynn, Vice Chair David Cox, Member Marie Durrer, Member Dale Herring, Member Staff present: Mark B. Taylor, County Administrator Brenda Garton, Interim County Administrator Kelley Kemp, Assistant County Attorney Patti Vogt, Deputy Clerk Jim Frydl, Director of Planning and Zoning Tracy Morris, Director of Finance RE: CLOSED MEETING Board approved the following: Meeting the following matter(s): Ms. Kemp read the proposed resolution for closed meeting. Upon motion by David Cox, second by Dale Herring and unanimous roll call vote, the WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Discussion and consideration of the assignment and performance of specific public officers, appointees, or employees of any public body with respect to Emergency Discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or Discussion or consideration of the investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the governmental unit would be adversely affected with respect to RSA. Consultation with legal counsel pertaining to actual or probable litigation, where such consultation in open meeting would adversely affect the negotiating or litigating posture of the public body with respect to the Nimmo and Wimer lawsuits. Services. negotiating strategy oft the public body concerning TOT funds. Board of Supervisors April 9, 2019 Sheet 2 Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel concerning the Special Grand. Jury, the after-school care] program, Greene Transit, TOT WHEREAS, pursuant to: 2.2-3711(A)0), (A)(3), (A)(6), (A)(7), and (A)(8) oft the Code NOW,THEREFORE, BE IT RESOLVED that the Board of Supervisors of Greene County funds, and RSA. ofVirginia, such discussions may occur in Closed Meeting; does hereby authorize discussion oft the aforestated matters in Closed Meeting. Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: RECONVENE IN OPEN MEETING AND CERTIFY CLOSED MEETING Upon motion by Michelle Flynn, second by Marie Durrer and unanimous roll call vote, the Board returned to open meeting. Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. By unanimous roll call vote, all 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: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes RE: PLEDGE OF ALLEGIANCE ANDN MOMENT OF SILENCE The Chair opened the meeting with the Pledge of Allegiance followed by a moment of silence. RE: INTRODUCTION OF MARK B. TAYLOR.COUNTY ADMINSTRATOR The Chair introduced Mr. Mark B. Taylor and welcomed him as our new County Administrator. Mr. Martin shared some comments and said Mr. Taylor comes to us from Spotsylvania County. Mrs. Flynn also shared comments about the recruitment process. Mr. Cox, Mrs. Durrer, and Mr. Herring. joined in welcoming Mr. Taylor. Board of Supervisors April 9,2019 Sheet 3 Mr. Taylor spoke briefly, thanking the Board for their professionalism, care, and heart with which the Board pursued the selection process. He said hel has been in county government for 30 years while serving in Fairfax County, Accomack County and Spotsylvania. From today this is our community and he will do his very best to live up to the Board's expectations and hopes for him and our community. He looks forward to being here in this wonderful community. Mr. Martin presented Mr. Taylor with a welcome basket oflocal products and other items. Upon motion by Michelle Flynn, second by David Cox and unanimous roll call vote, the RE: ADOPTION OF THE AGENDA Board approved the agenda as presented. Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: MATTERS FROMTHE PUBLIC Mr. Jay Willer welcomed Mr. Taylor to Greene County. He then spoke about Ms. Garton and the amazing job she has done for Greene while showing us what a County Administrator Mrs. Amy Hollis commended Ms. Donna Payne, Principal at Ruckersville Elementary School. A family recently lost their young son and Ms. Payne reached out to all parents in the child's class to inform them of what had happened. She recognized and thanked Ms. Payne for her efforts. Mrs. Hollis also noted that there will not be an after-prom party for students this year as the committee did not reach their fundraising goal. As thel President and Founder oft the William Monroe High School PTOS, she said the group will bel holding various fundraisers over the course of the year and encouraged members oft the Board of Supervisors to support these efforts. should be. RE: CONSENT. AGENDA Upon motion by David Cox, second by Dale Herring and unanimous roll call vote, the Board approved the following items on the consent agenda: Minutes ofN March 5, 2019 meeting Minutes ofN March 26, 2019 meeting Resolution to accept and appropriate $5,622 for donations tot the Sheriff's Department (See Resolution to accept and appropriate $3,3249.92 for donations to the Animal Shelter (See Attachment "A") Attachment "B") Board of Supervisors April 9, 2019 Sheet 4 Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: PUBLIC HEARING-) ERNEST - PRATT - SPECIAL USE PERMIT SUP#18-006 Mr. Frydl said the applicant is requesting a special use permit to keep horses on 18 acres zoned R-1 Residential located on Moore Road. He reviewed maps of the area pointing out the surrounding properties which include a parcel zoned R-2 for apartments; land zoned A-1, Agricultural; and parcels zoned PUD, Planned Unit Development. The definition of livestock in the Zoning Ordinance includes horses, cowS, pigs, etc. Mr. Frydl also reviewed the criteria for evaluation of a request for a special use permit as noted in the State Code. There are conditions the Board of Supervisors may impose upon a special use permit based on reasonable zoning standards to address impacts such as traffic, smoke, noise, light, sound, etc. The parcel is designated on the Futurel Land Use Map as ai mixed-use residential place type and the intent oft this area is to provide traditional high amenity and market-drive residential with access to services. The keeping of horses on this property does not change the zoning and does not impact the The Planning Commission recommended approval with the following condition: Livestock is defined only as horses in order to prevent nuisance intrusions into neighboring Mr. Ernest Pratt, applicant, did not have anything to add while saying he was present to Mr. Herring felt this makes sense and agreed with the special use permit with restrictions asi recommended by the Planning Commission. Mrs. Durrer agreed saying this use will not change the residential character of the area. Mr. Cox felt this request complies with the Comprehensive Plan. Mr. Martin noted there was not a condition regarding the number of horses allowed. Mr. Frydl said this was brought up and information was obtained from the Culpeper Soil and Water Conservation District as to the acreage required for horses. Mr. Martin echoed comments ofhis Upon motion by Michelle Flynn, second by David Cox and unanimous roll call vote, the Board approved the ordinance granting a Special Use Permit SUP18-006 to Ernest and Kathleen Pratt tol keep livestock defined specifically as horses, at tax map 60-A-31 and 60-A-32. surrounding parcels due to the size oft the property. residential properties. answer any questions the Board may have. The Chair opened and closed the public hearing with no comments. colleagues saying he was in favor oft the request. Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. Board of Supervisors April 9, 2019 Sheet 5 RE: PUBLIC HEARING - GREENSTONE DEVELOPMENT. LLC - AMEND ZONING Mr. Frydl reviewed the request from Greenstone Development, LLC to amend the Zoning Ordinance, Article 6, R-2 Residential. He noted the Board first heard this request at their March 12 meeting and at that point the application included updating definitions but that has been removed. The original request from applicant mostly concerns townhomes. This is requested by the applicant but staff also had this on their worklist to look at increasing the density in the R-2 zone. There request is to change the densityoftownlouses allowed from 61 units to 101 units per acre. The Comprehensive Plan has a goal of maintaining the rural character of the county. A high- density growth area will assist in keeping the county rural. Mr. Frydl said the majority of households now are single parent, single person, empty nester, no children households and that requires a greater diversity and more options for people looking for housing. The population estimate for Greene in the next 20 years is 25,596 people which could require up to 3,000 additional households. Greene County is identified as a high growth community and the State wants the county to establish urban development areas planned for higher density with ai minimum of12 dwelling units per acre. Mr. Frydl reviewed the location oft the current R-2 zoned property in the county. There are 67 parcels zoned R-2 with only 6 of those vacant and 2 of those 6 are zoned for apartments. The setback regulations will need to be decreased in order to allow higher density. The other major change is the required open space requirement from 4% to 25% with specific requirements for 180 square feet of active open space per residential unit. The Planning Commission recommended approval with the following recommended Amend the definitions for single family attached dwelling, single family detached dwelling, and multiple family dwellings. The amended definition for single family attached dwelling units will include consolidating terms such as duplex, two family Amend the current ordinance to eliminate Article 6-6-1.2, two family dwelling. This dwelling type will be included under the single family attached dwelling unit definition. The County Attorney recommended amending the definitions for dwelling types at a separate future meeting. It was determined that there are too many definitions and they appear in too many other articles in the Zoning Ordnance to combine the definition amendments within the Mrs. Flynn questioned the difference between a patio home and duplex. Mr. Frydl said patio home has a separate definition which Ms. Kemp proceeded to read. Mrs. Flynn said ifthis change is approved by the Board it will apply to all 671 R-2 zoned parcels in the county. Mr. Frydl said the only R-2 property with a special use permit would be the one approved by the Board at Mr. Herring questioned the 25% open space requirement saying that only .75 of an acre would be available for development. Mr. Frydl said that is correct and it would be challenging. Ms. Kelsey Schlein, Shimp Engineering, and Brent Hall, Greenstone Development were present. Ms. Schlein said they believe the proposed density achieves the county's vision of the designated growth area. She also noted 25% of open space is huge in communities. There is an ORDINANCE OR#18-004 revisions to the proposed language: dwelling, triplex, and townhouses, etc. applicant's request which focused only on townhomes. their last meeting. Board of Supervisors April 9, 2019 Sheet 6 additional provision to add 180 square feet per unit of amenity area and active use of open space. Mr. Hall said the price of land is not going down SO you have to figure how to get people into ownership and part of that is accomplished with higher density. The Chair opened the public hearing. Ms. Suzanne Latchford, Preddy Creek Subdivision, spoke in opposition of the requested amendment. This amendment will maximize profit for the developer at the county's expense. She askedifthel Board is going to allow a developer to dictatel how ourl land ist tol be used and developed. A special use permit should be required and she hoped the Board would vote no. The public hearing was closed. Mrs. Flynn said shel has gone back and forth on this several times. Her responsibility is to look at what is responsible development and where it occurs compared to the nature of the surrounding area. Itis not her responsibility to determine what company makes or doesn'ti make ap profit. Her vote is about our county and the nature of development in the county. The idea of more green space is appealing to her as is the idea of maximizing open space. She said she is struggling with the higher density. She does not have a problem with allowing townhomes by Mr. Herring said he also has been back and forth on this issue. There are certain areas where this type development and density are perfect. His concern is allowing this without requiring as special use permit. The requirement ofa special use permit would allow the Board to consider applications on a case-by-case basis. He said he is comfortable with allowing townhomes at the Mrs. Durrer said she agreed with Mr. Herring about density and is also bothered by the proposed changes to setback requirements. She noted property owners brought their property with the current required setbacks and she felt reduction of those setbacks may be infringing on the Mr. Cox said he had a problem raising the number of dwelling units per acre and did not like the idea of reducing setbacks and frontages down as low as what is presented tonight. He Mr. Martin said he also has struggled with this request. He spoke on the recent Board approval of townhomes and said 301 units on that specific parcel would not be appropriate. Every property orl loti in Greenei is unique and 101 units per acre seems high tol him. He agreed that requests should be reviewed on a case-by-case basis through the special use permit process. Mrs. Flynn noted that some of the R-2 zoned property in the county are trailer parks and Mr. Frydl clarified the conversation to this point. He said he is hearing townhouses by right, no to increase in density by right and the possibility of allowing a greater density by special use permit. Ini response to a question byl Mrs. Flynn, Ms. Kemp said the Board could make changes to the proposal as presented as long as those changes pertain to this specific request. Mr. Martin felt it would be too complicated to pull one or two pieces out and would be hard to understand what was being passed. Mrs. Flynn agreed that there is sO much in this proposal and would need right but does question the increase in density. current density by right. neighbor's property. thought the use should stay as being required by special use permit. this change could impact those properties also. further clarification before she would feel comfortable voting. Board of Supervisors April 9, 2019 Sheet 7 Mr. Hall, applicant, said part ofthisi is a specific project they are looking at and there isn't away for the project toj proceed right now. County staff recommended a zoning text amendment which would also clean up and fix the zoning ordinance. He said current setbacks and increased open space can't] happen together. Ifthereisn'tmoney to bei made, developers will not build what customers want. Density is needed to serve the middle market that is being missed out on. He suggested the Board allow townhouses by right and have increased density by special use permit. Ms. Schlein said the setbacks proposed are minimums not maximums. The setbacks for a more: intense use when adjoining al lesser intense use: is larger. Mr. Frydl screeningi is required from commercial uses to residential uses and this is addressed during the site plan review process. Mr. Justin Shimp asked if the application can be deferred. Mr. Frydl said county deferral must be date specific but the applicant can choose when to bring it back for consideration by the Upon motion by Michelle Flynn, second by David Cox and unanimous roll call vote, the Board deferred, at the request of the applicant, the amending of the Greene County Zoning Board. Ordinance OR#18-004 to a date to be determined later. Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: PUBLICHEARING- AMEND' THE FY18-191 BUDGETTO APROPRIATESCHOOL Mr. Taylor said the public hearing is required as the amount exceeds one percent of the Mrs. Morris said the amount for supplemental appropriation is $25,747,752 for FY 18-19. This appropriation will expire on June 30, 2019. The amount estimated for next year's proposed budget is $6,000,000 which would be the remaining figure as of the end oft the current fiscal year for this project. Virginia Code requires the governing body to advertise and hold aj public hearing to amend the budget to include any supplemental appropriation that exceeds 1% of the adopted budget. One percent ofthe adopted FY 18-191 budget for Greene County is $642,634.21. The Chair opened and closed the public hearing with no public comments. CONSTRUCTION BOND PROCEEDS budget. Upon motion by David Cox, second by Marie Durrer and unanimous roll call vote, the Board adopted the resolution as presented. (See. Attachment "C") Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. Board of Supervisors April 9, 2019 Sheet 8 RE: GREENE COMMONS GROUP-A APPOVALOEPOCIMENTS Mr. Yost said there will be a soft opening ofthe farmer's market this weekend and a grand opening once thej pavilion project is completed.. A couple ofvendors have expressed concerns over thel last several years about dogs being allowed in the market area and some patrons have also said they don't feel comfortable around dogs. The Advisory Council decided dogs should not be allowed in the market area. Signs will be put up at the entrance to the vendor section saying no pets allowed in vendor area. Dogs would be allowed on the rest oft the property. An arrangement Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the Board approved the bylaws as presented, the Advisory Council bylaws, rules and regulations, annual budget and operation plan per thel Memorandum of Agreement between the County and the has been worked out for use ofrestroom facilities. Town of Stanardsville. (See Attachments "D","E", "P""G"and"H) Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: BOARDLIAISON REPORTS Mr. Herring reported the Thomas Jefferson Planning District Commission met last week. Information on grant finder software will be shared with the County Administrator. TJPDC will be hosting a Regional Housing Summit on April 19. The Greene County Planning Commission Mrs. Durrer said the Central Virginia Regional Jail Board will meet on Wednesday. Mr. Martin said the schools are on spring break and the school construction project is moving forward as is the Greene Commons project. He thought members of the Economic Development Authority and Greene County Planning Commission could benefit from refresher Mrs. Flynn asked ift the school construction project has a new target date. Dr. Whitmarsh will be meeting this Wednesday. training on subjects such as. FOIA, ethics, etc. said they are still trying to make that determination. RE: COUNTY ADMINISTRATOR UPDATE Ms. Garton said the Board finished their deliberations on the FY 19-20 budget on March 14 and the public hearing on the budget and proposed tax rates has been advertised for April 23 at 6:30 p.m. The budget is balanced on a tax rate of $.82 which is a $0.05 increase. The advertised real estate tax rate is $.84 which provides a 2-cent cushion should the Board decide to add to the budget. The boundary line adjustment is finished. Signed documents were submitted, the. Judge has entered the order, and the new boundary line is now legally complete. The Board must amend the budget and make an appropriation in order for any bond proceed funds tol be spent ift they were not included in the original budget. Ifthat actual number is more than 1% of the adopted budget, Board of Supervisors April 9, 2019 Sheet 9 aj public hearing is required to amend the budget to make that appropriation. An estimate of $6 milliono ofanticipated remaining funds fori that projecti isi included in thej proposed FY 19-20budget. Ms. Garton welcomed Mr. Taylor who began his duties as County Administrator today and said her contract will end on April 23. RE: OTHER MATTERS FROM' THE BOARD Mrs. Flynn asked when the Board willl hearb back from the Commonwealth's. Attorney about the new required position. Ms. Garton said the Board directed staff to meet with Mr. Hardin to determine if a compromise could be reached to satisfy that requirement and provide necessary staff. The County Attorney, Ms. Garton and Mrs. Morris spoke with Mr. Hardin regarding a varietyofoptions. The option Mr. Hardin wasi reluctantly willing to try was to advertise for a part- time attorney to do the required work. Mr. Herring clarified that camera footage only has to be reviewed: ifiti is going tot trial. Ms. Garton noted the Board included $60,000 in the proposed budget Mrs. Flynn then asked if funding for school positions may affect the budget. Ms. Garton said the email she received today was forwarded to Dr. Whitmarsh and Mrs. Morris for review. for this position. RE: ADJOURN MEETING meeting was adjourned. The next scheduled meeting of the Board of Supervisors will be on April 23, 2019. The Ahad 1 Bryan) Martin, Chair Greene County Board of Supervisors William lkly Mark BlTaylor, Clerk Greene County Board of Supervisors Board of Supervisors April 9, 2019 Attachment "A" RESOLUTION TO ACCEPT AND APPROPRIATE FIVE THOUSAND SIX HUNDRED TWENTY-TWO DOLLARS FOR SHERIFF EXPENSES WHEREAS, the Sheriff's Department for the County of Greene has received WHEREAS, the funds in the amount of five thousand six hundred twenty-two dollars ($5,622.00) need to be appropriated to the appropriate line item in the 2018-2019 funding from donations for expenses; and budget of the County of Greene, Virginia. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that five thousand six hundred twenty-two dollars ($5,622.00) be appropriated to the 2018-2019 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 gth day of April, 2019. Motion: Second: Recorded Vote: David L. Cox Marie C. Durrer Yes Michelle Flynn Dale R. Herring Yes Bill Martin David Cox Dale Herring Yes Yes Yes Nlba ATTEST: 6haf William Bryn Martin, Chair Greene County Board of Supervisors ML MarkB. Taylor, Clerk Greene County Board of Supervisors Board of Supervisors April 9, 2019 Attachment "B" RESOLUTION TO ACCEPT AND APPROPRIATE STERILIZATION PROGRAM FOR DOGS THREE THOUSAND THREE HUNDRED FORTY-NINE DOLLARS FOR THE WHEREAS, the Animal Shelter for the County of Greene has received funding WHEREAS, the funds in the amount of three thousand three hundred forty-nine dollars ($3,349.92) need to be appropriated to the appropriate line item in the 2018-2019 from private donations for the sterilization program for dogs; and budget ofthe County of Greene, Virginia. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that three thousand three hundred forty-nine dollars ($3,349.92) be appropriated to the 2018-2019 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 gth day of April, 2019. Motion: Second: Recorded Vote: David L. Cox Marie C. Durrer Yes Michelle Flynn Yes Dale R. Herring Yes Bill Martin David Cox Dale Herring Yes_ Yes Na: hAat: ATTEST: William Bryah Martin, Chair Greene County Board ofSupervisors Mark B. Greene County Board of Supervisors MB Board of Supervisors, April 9, 2019 Attachment "C" 0-2018-08 AN ORDINANCE (0-2018-08) GRANTING AS SPECIAL USE PERMIT (SUP #18-006) TO ERNEST & KATHLEEN PRATTTO KEEP LIVESTOCK (HORSES) ATTAX MAP PARCELS 60-(A)-31 AND 60-(A)-32 LOCATED AT480 WHEREAS, ERNEST & KATHLEEN PRATT request a Special Use Permit (SUP) to keep livestock (horses) within the R-1, Residential zoning district per Article 5 oft the Greene County Zoning Ordinance; and WHEREAS, 515.2-1427 and $15.2-1433 of the Code of Virginia, 1950, as may be amended from time to time, enable al local governing body to adopt, amend and codify ordinances or portions thereof; and WHEREAS, $15.2-2280, $15.2-2285 and 515.2-2286 of the Code of Virginia, 1950, as amended, enables WHEREAS, on March 20, 2019, the Greene County Planning Commission held a public hearing on this WHEREAS, on March 20, 2019, the Greene County Planning Commission voted 4-01 to recommend to the Board of Supervisors for approval oft the request to grant the Special Use Permit (SUP);and 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 March 28th and April 4th, 2019;and WHEREAS, the full application was available for publici inspection int the Greene County Administration Building, Room 226, 40 Celt Road, Stanardsville, Virginia 22973; and WHEREAS, on April 9, 2019, the Greene County Board of Supervisors held a public hearing on this matter and allo oft those who spoke on this topic were heard. 1. NOW, THEREFORE, BE IT ORDAINED by the Greene County Board of Supervisors, in accordance with Article 16-2 of the Greene County Zoning Ordinance, public necessity, convenience, general welfare, and good zoning practice, that the SUP request is hereby approved subject to the following conditions: 1. Failure to comply with the conditions oft this SUP may result in the issuance ofa a Notice of Violation (NOV) by the Zoning Administrator. The Zoning Administrator may present this SUP to the Board of Supervisors for revocation ift the NOVI is not resolved as directed. 2. Livestock is defined only as horses in order to prevent nuisance intrusions into neighboring residential properties. 3. All activities associated with this SUP shall be in compliance with all local, state, andi federal laws. 4. This special use permit shall permit horses only. Any future activities beyond horses would require an amendment to this use permit or MOORE ROAD. al local governing body to adopt and amend zoning ordinances; and matter and all of those who spoke on this topic were heard; and potential rezoning. 0-2018-08 ADOPTED BYTHE GREENE COUNTY BOARD OF SUPERVISORS ON April 9,2019. Motion: Second: Votes: Martin: Flynn: Cox: Durrer: Herring: Michelle Flynn David Cox Yes Yes Yes Yes Yes Whiba ATTEST: h. hat William Bryan) Martin, Chair Greene County Board of Supervisors 1 Taylor, Clerk Greene Board M County ofSupervisors Board of Supervisors April 9, 2019 Attachment "D" RESOLUTION OF7 THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, TO. AMEND THE FY 18-19 BUDGET AND APPROPRIATE TWENTY- FIVE MILLION SEVEN HUNDRED FORTY-SEVEN THOUSAND SEVEN HUNDRED FIFTY-TWO DOLLARS FOR EXPENSES RELATED TO THE SCHOOL CONSTRUCTION PROJECT BOND PROCEEDS WHEREAS, at the August 22, 2017 meeting of the Greene County Board of Supervisors, the Board approved final documents authorizing a bomowingofs25.4000 for the School Construction Project; and WHEREAS, the use oft these funds will span three fiscal years - FY 17-18, FY18-19 and WHEREAS, the total expected expenditures and required supplemental appropriation for FY 18-19 exceeds 1% of the county's FY 18-19 budget, which requires a public hearing to FY 19-20; and amend the budget per Virginia Code Section 15.2-2507; WHEREAS, the funds in the amount of twenty-five million seven hundred forty-seven thousand seven hundred fifty-two dollars ($25,747,752) need to be appropriated to the appropriate line item in the 2018-2019 budget of the County of Greene, Virginia. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that twenty-five million seven hundred forty-seven thousand seven hundred fifty-two dollars ($25,747,752) be appropriated to 2018-2019 budget of the County ofGreene. 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 9th day of April, 2019. Motion: Second: Votes: Martin: Flynn: Cox: Durrer: Herring: Nilbi David Cox Marie Durrer Yes Yes Yes Yes Yes 5 Aat: ATTEST: William Bryan Martin, Chair Greene County Board of Supervisors Mark Greene County Board of ABE Supervisors Board of Supervisors April 9, 2019 Attachment "E" Greene Commons Group BYLAWS [Adopted June 7,2018; Amended October 25, 2018, March 14, 2019] ARTICLEI NAME. AND OFFICES The name ofthis Corporation shall be Greene Commons Group (hereinafter referred to as the Corporation). Thej principal office of the Corporation shall bei in the Commonwealth of Virginia. The registered office ofthe Corporation is 8315 Seminole Trail, Suite 2, Ruckersville, Virginia 22968. ARTICLEII PURPOSE Section 1. The purpose oft the Corporation shall be to operate and maintain the market pavilion and bandstand located adjacent to the Town of Stanardsville in Greene County. Inc doing sO, it will ensure that the market and bandstand achieve the following objectives: 1)p provide retail and other economic opportunities for local farmers, brewers and vintners, new and seasonal entrepreneurs, artisans and other craft-persons; 2) host concerts, festivals and special events to benefit local and regional residents; and 3) promote economic development by attracting additional visitors to Greene County. Section 2. To achieve its mission, the Corporation shall engage in the following: a. Develop, organize and manage all market activities and bandstand events. b. Produce a vendors' manual setting out applicable rules and regulations, a fee structure, and requisite forms for participating vendors at the market pavilion. C. Establish an Advisory Council to include market vendors and participants. d. Appoint an employee to develop, oversee and coordinate market activities as well as schedule and organize musical and other events at the bandstand. e. Organize and manage maintenance oft the facilities and grounds. f.I Develop a marketing plan and literature toj promote Greene Commons. g. Ensure the financial sustainability of the market and bandstand. Section 3. The Corporation is organized exclusively for charitable, religious, educational and scientific purposes, including for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) ofthe Internal Revenue Code, or the corresponding section ofany future federal tax code. Section 4. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable toi its directors, officers, or other private persons, except that the Corporation shall be authorized and empowered toj pay reasonable compensation for services rendered, to pay expenses, and to make other payments and distributions in furtherance oft the purposes set forth in Article II hereof. Section 5. No substantial part oft the activities ofthe Corporation shall be the carrying on of! propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of or in opposition to any candidate for public office. Notwithstanding any other provision ofthese Bylaws, the Corporation shall not carry on any other activities not permitted to be carried on a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or the corresponding section ofa any future tax code, or b) by a corporation, contributions to which are deductible under section 170(c)(2) oft the Internal Revenue Code, or the corresponding section ofa any future tax code. ARTICLEIII BOARD OF DIRECTORS Section 1. General Powers. Subject to the limitations ofthe Articles of Incorporation, these Bylaws and the Virginia Non-stock Corporation Act concerning actions that must be authorized or approved by the Corporation, all corporate powers shall be exercised by or under the authority oft the Board ofDirectors (hereinafter referred to as the Board). The Board shall actively prosecute the purposes oft the Corporation and shall have discretion in the collection and distribution ofits funds. It may adopt such rules and regulations for the conduct ofits business as shall be deemed advisable and may, in the execution of powers herein granted, appoint such agents as it deems necessary. Section 2. Number, Qualifications, Election and Tenure (a) The number of Directors shall be not less than three (3) and no more than eleven (11).* Amended October 25, 2018 (b) Directors shall include, to the extent practicable, the following members: 1. A representative of Greene County Economic Development & Tourism 2. AI representative of Greene County Parks & Recreation Department 3. Ai representative oft the Virginia Cooperative Extension office 4. Are representative of Greene County Public Schools 5. Two appointees oft the Town of Stanardsville 6. Are representative of Greene County Tourism Council 7. Two appointees ofthe Advisory Council* Amended March 14, 2019 (c) Directors will be elected by the Board. (d) Directors shall be elected for three (3): year terms. Each such Director will hold office for three years or until a successor shall have been duly qualified or until the Director's death or until the Director shall resign or shall have been removed in the manner herein provided. No Director can serve more: than two (2) consecutive terms. 2 However, after sitting out for one or more years, an individual can again be elected a (e) To provide for continuity on the Board, expiration oft the initial Directors' terms ofoffice shall be staggered. Four (4) Directors elected to serve ini the year 2018 shall be for a three (3) year term; three (3) Directors elected to serve in the year 2018 shall be for ai two (2) year term; and two (2) Directors elected to serve in the year 2018 shall be for a one (1): year term. All Directors subsequent to calendar Director. year 2018 shall be elected to serve three (3): year terms. Section 3. Annual Meeting - The Board ofl Directors shall hold an annual meeting for the purpose oft the election of Officers and the transaction of such business as may come Section 4. Regular Board Meetings - Regular meetings shall be held by the Board as needed and at such other times per month as may be specified. Notice of such time and place shall be determined by the Executive Committee and shall be provided by email or Section 5. Special Meetings - Special meetings oft the Board may be called by the President or any three (3) Directors. The person or persons calling a Special Meeting must notify all Directors by first-class mail or by e-mail as to the purpose of the Special Meeting and ai reasonable time and place to hold such meeting. Notice must be given at least ten (10) days prior to holding such ai meeting, except when circumstances require Section 6. Action without Meeting - Any action of the Board ofl Directors may be taken without a meeting, ifconsent in writing setting forth the action SO taken is signed by all oft the Directors and is filed in the minutes oft the Board of] Directors. Such consent Section 7. Quorum and Voting - A majority of Directors in office shall constitute a quorum for the transaction ofa all business. The vote ofar majority oft the Directors present at ai meeting at which a quorum is present shall constitute action ofthe Board. In the event ofai tie vote, the President's vote shall be deemed to be on the winning side. Section 8. Vacancies = Any vacancy occurring in the Board due to the resignation or removal ofa Director may be filled by appointment oft the President with the approval of the Board, and such appointee shall serve the remainder of that Director's term or until Section 9. Resignation and Removal - Any Director may resign at any time by giving written notice to any Board officer. Any Director may be removed from office, with or without cause, by a majority vote oft the Directors present at a duly called meeting ofs said Section 10. Presumption of Assent - A Director who is present at a meeting of the Board at which action on any Corporation matter is taken shall bej presumed to have assented to the action taken unless the Director votes against such action or abstains from before the meeting. by telephone. expedited action by the Board. shall have the same effect as a unanimous vote. the next election of] Board members, whichever comes first. Board. voting because ofasserted conflict ofinterest. 3 Section 11. Absence - Any Director unable to attend a meeting shall advise an Officer ofthe Board oft the reason for such absence. Ifa Director is absent from three (3) consecutive meetings fori reasons the Board has failed to declare to be sufficient, such Director's resignation shall be deemed to have been tendered and accepted. Section 12. Indemnification - The Board ofl Directors shall purchase insurance to provide reasonable liability coverage and other appropriate indemnification protections for Officers and Directors oft the Corporation, when and ifsufficient funds are available. Section 13. Salary - Directors shall not receive any compensation for their services as Directors, but the Board may, by resolution, authorize reimbursement of expenses incurred in the performance oft their duties. Section 14. Employees - The Board of Directors may appoint a full- or part-time Executive Director and such other employees or consultants as it deems necessary, to conduct operations of the Corporation consistent with the agreed goals, priorities, strategies and plans of the Board and its President. The compensation of the Executive Director and any other employees or consultants shall be fixed from time to time by the Officers oft the Corporation. Employee(s) shall serve at the will oft the Board Section 15. Reservation of Matters - The authority to approve policy positions or statements on behalfofthe Corporation shall be reserved to the Board. Operational and ministerial matters, such as instituting new programs, budget approval, selecting committees, etc., shall similarly be reserved to the Board. ARTICLEIV OFFICERS Section 1. Officers - The Officers oft the Corporation shall be a President, Vice President, Secretary and Treasurer, each of whom shall be elected by and from the Board ofDirectors. A chairman oft the Board and such other officers as permitted under the Articles of Incorporation may also be elected by the Board of Directors, as deemed appropriate by the Board from time to time. Any two (2) or more offices may be held by the same person. A failure to elect any officer shall not affect the existence oft the Section 2. Election and Tenure of Office - The Officers oft the Corporation shall be elected annually by a majority vote oft the Directors present at the annual meeting ofthe Board of Directors from the candidates nominated by a Nominating Committee and from the candidates nominated at the meeting. The results oft the election of Officers shall be announced as soon as practicable. The Officers shall be installed at the first regular meeting of the Board. Each Officer shall hold office from the end ofs such meeting at which the Officer is installed for one (1)year or until a successor shall have been duly elected and shall have qualified or until an Officer's death or until the Officer shall resign Section 3. Resignation or Removal - Any Officer may resign upon written notice to the Board. Any Officer may be removed from office at any time, with or without cause, on Corporation. or shall have been removed in the manner herein provided. 4 the affirmative vote ofa a majority of the Board whenever, ini its judgment, the best interests oft the Corporation will be served thereby. Removal shall be without prejudice to any contract rights ofthe person sO removed, but election of an Officer shall not of Section 4. Ex Officio Member The President shall be an ex officio member of all Section 5. Vacancies - Vacancies in Offices, however occasioned, shall be filled by election of the Board at a special meeting or at the next regular meeting oft the Board for Section 6. Duties - The President shall be the chiefe executive officer of the Corporation. The Officers oft the Corporation shall have such powers and duties as usually pertain to their respective Offices and such additional powers and duties as specifically conferred by law, by the Articles of Incorporation, by these Bylaws or as assigned to them from time to time by the Board. The Officers ofthe Corporation, collectively, shall develop the objectives, strategies, annual plans and budgets for the activities oft the Corporation. Subject to the foregoing, the Officers of the Corporation shall have the following duties: President - Shall preside at all meetings oft the Board and the Executive Committee. He shall collaborate with the Executive Committee and the Executive Director to carry out Vice President - Shall be vested with all the powers and shall perform all the duties of Secretary - Shall prepare and maintain all records of the Corporation, including votes and Treasurer - Shall serve as financial officer oft the Corporation and shall chair the Finance Committee. The Treasurer shall prepare financial statements; develop an annual budget; Section 7. Delegation of] Duties - In the absence or disability of any Officer oft the Corporation or for any other reason deemed sufficient by the Board ofl Directors, the Board may delegate such Officer's powers or duties to any other Officer or to any other itself create contract rights. committees and shall have the right to vote. unexpired terms ofs such Officers. the Corporation's mission and ensure accomplishment ofits goals. the President ini the absence of thel latter. minutes ofall proceedings, and shall distribute minutes to all Directors. and co-sign all checks in excess of$1,000. Director. ARTICLEV EXECUTIVE and other COMMITTEES Section 1. Creation of Committees - The Board of] Directors may designate an Executive Committee and may, by resolution passed by ai majority oft the whole Board, designate one (1) or more other committees. Special and ad hoc committees may be created as appropriate, for any duration necessary. 5 Section 2. Executive Committee - The Executive Committee (ifcreated) shall consult with and advise the Officers ofthe Corporation in the management ofi its affairs and shall have and may exercise, to the extent provided in the resolution oft the Board, such powers Section 3. Committee Chairs - The Board shall appoint all committee chairs. The President may, with or without cause, revoke any such appointment at will and make new Section 4. Meetings - Regular meetings oft the committees may be held without notice at any time and at such place as shall from time to time be determined by the committees, and special meetings of the committees may be called by the chairs or by any two (2) members thereof upon three (3) days notice to the other members oft the committee, given either personally ori in the manner provided in these Bylaws pertaining toi notice for Section 5. Vacancies - Vacancies on the committees shall be filled by the Board. Section 6. Manner of Acting - The acts ofai majority oft the members of a committee present at a meeting where at least three (3) members are present shall be the act oft the committee. The act oft the committee shall be deemed an exercise of the authority granted by the Board ofDirectors, except for the acts identified in Article III, Section 15- Reservation of Matters (the acts of which must be ratified by the Board of Directors). as may be lawfully delegated by the Board. appointments, in consultation with the Board. Directors' meetings. ARTICLEVI ADVISORY COUNCIL Section 1. Creation of Advisory Council - The Board shall, by resolution passed bya majority oft the whole Board, create an Advisory Council to advise the Board in carrying out the purposes of the Corporation. The Advisory Council's primary focus shall be on the operations and management ofa farmers' market, to which end it shall recommend regulations, a fee structure for vendors, terms of operation and other appropriate rules Section 2. Membership - The Advisory Council shall be appointed by the President of the Corporation, in consultation with the Board, and shall consist ofr no more than eleven (11) members*, at least one ofwhich shall be a member oft the Board, and shall include, tot the extent practicable, farmers, vintners and craftspeople participating in the activities ofai farmers' market. The Executive Director of the Corporation, ifa and when appointed, shall be a member of the Advisory Council. At its first meeting each year, the. Advisory Council, a quorum being present, shall elect one ofi its members to serve as chair. The chair may be re-elected to serve successive one-year terms. Advisory Council members governing the operations ofa farmers' market. serve: for a term oftwo years and may be reappointed. *Amended October 25,2018 Section 3. Role - Members oft the Advisory Council shall serve in an advisory capacity to the Board ofDirectors and may recommend actions to the Board by majority vote. 6 ARTICLE VII FISCAL YEAR The fiscal year oft the Corporation shall be the calendar year. ARTICLE VIII BOOKS AND RECORDS The Corporation shall keep correct and complete financial accounting records, and minutes ofthe proceedings of meetings oft the Board of Directors. Any Officer of the Board shall have the right for any proper purpose and at any reasonable time, to examine the relevant books and records of accounts and minutes. Additionally, all records necessary to comply with state and federal law shall be kept and records to such governmental units shall be filed where required by law. ARTICLEIX DISSOLUTION Ini the event of dissolution oft the Corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) oft the Internal Revenue Code, or the corresponding section of any future federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not SO disposed ofs shall be disposed ofb by a Court of Competent Jurisdiction in the county in which the principal office oft the Corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. ARTICLEX ROBERT'S RULES Robert's Rules of Order shall prevail in all cases where they are not in conflict with these Bylaws or the Statutes of Virginia. ARTICLEXI CONFLICT OF INTEREST The Corporation shall follow the conflict ofinterest policy set forth in the Appendix to these Bylaws. 7 ARTICLE XII AMENDMENTS These Bylaws may be altered, amended or replaced and new Bylaws may be adopted by ai majority vote of the Directors present at a regular or: special meeting oft the Board, provided notice of the purpose of such proposed change has been stated in the call for the meeting. Appendix CONFLICT OF INTEREST POLICY Article I Purpose The purpose of the conflict ofi interest policy is to protect this tax-exempt organization's interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest ofa an officer or director ofthe Organization or might result in a possible excess benefit transaction. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict ofinterest applicable to nonprofit and charitable organizations. Article II Definitions 1.Interested Person Any director, principal officer, or member ofa committee with governing board delegated powers, who has a direct ori indirect financial interest, as 2. Financial Interest A person has a financial interest if the person has, directly or defined below, is an interested person. indirectly, through business, investment, or family: a. An ownership or investment interest in any entity with which the Organization b.A A compensation arrangement with the Organization or with any entity or individual with which the Organization has a transaction or arrangement, or C.Aj potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the Organization is negotiating a has ai transaction or arrangement, transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors that are Ai financial interest is not necessarily a conflict ofi interest. Under Article III, Section 2,a person who has a financial interest may have a conflict ofinterest only ift the appropriate governing board or committee decides that a conflict ofinterest exists. not insubstantial. Article III Procedures 1.[ Duty to Disclose Inc connection with any actual or possible conflict ofinterest, an interested person must disclose the existence oft the financial interest and be given the opportunity to disclose all 8 material facts to the directors and members ofc committees with governing board delegated powers considering the proposed transaction or arrangement. After disclosure oft the financial interest and all material facts, and after any discussion with the interested person, he/she shall leave the governing board or committee meeting while the determination ofa conflict ofinterest is discussed and voted upon. The remaining board or committee members shall decide ifa conflict ofinterest exists. a. An interested person may make aj presentation at the governing board or committee meeting, but after the presentation, he/she shall leave the meeting during the discussion of, and the vote on, the transaction or arrangement involving the possible conflict of b.7 The chairperson ofthe governing board or committee shall, ifappropriate, appoint a disinterested person or committee to investigate alternatives to the proposed transaction C. After exercising due diligence, the governing board or committee shall determine whether the Organization can obtain with reasonable efforts a more advantageous transaction or arrangement from a person or entity that would not give rise to a conflict of d.Ifar more advantageous transaction or arrangement is not reasonably possible under circumstances not producing a conflict ofi interest, the governing board or committee shall determine by a majority vote oft the disinterested directors whether the transaction or arrangement isi in the Organization's best interest, for its own benefit, and whetheri iti is fair and reasonable. In conformity with the above determination it shall make its decision a. Ifthe governing board or committee has reasonable cause to believe ai member has failed to disclose actual or possible conflicts ofinterest, it shall inform the member oft the basis for such beliefand afford the member an opportunity to explain the alleged failure b.) If, after hearing the member'si response and after making further investigation as warranted by the circumstances, the governing board or committee determines the member has failed to disclose an actual or possible conflict ofinterest, it shall take 2. Determining Whether a Conflict of Interest Exists 3.1 Procedures for Addressing the Conflict ofInterest interest. or arrangement. interest. as to whether to enteri into the transaction or arrangement. 4. Violations oft the Conflicts of Interest Policy to disclose. appropriate disciplinary and corrective action. ArticleIV Records of Proceedings The minutes of the governing board and all committees with board delegated powers a. The names oft the persons who disclosed or otherwise were found to have a financial interest in connection with an actual or possible conflict ofi interest, the nature oft the financial interest, any action taken to determine whether a conflict ofinterest was present, and the governing board's or committee's decision as to whether a conflict ofi interest in b.7 The names of the persons who were present for discussions and votes relating to the transaction or arrangement, the content of the discussion, including any alternatives to the proposed transaction or arrangement, and a record of any votes taken in connection with shall contain: fact existed. the proceedings. 9 Article V Compensation a. A voting member oft the governing board who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters b. A voting member ofany committee whose jurisdiction includes compensation matters and who receives compensation, directly or indirectly, from the Organization for services is precluded from voting on matters pertaining to that member's compensation. C.No voting member oft the governing board or any committee whose jurisdiction includes compensation matters and who receives compensation, directly ori indirectly, from the Organization, either individually or collectively, is prohibited from providing pertaining to that member's compensation. information to any committee regarding compensation. Article VI Annual Statements Each director, principal officer and member ofa a committee with governing board delegated powers shall annually sign a statement which affirms such person: a. Has received a copy oft the conflicts ofinterest policy, b. Has read and understands the policy, c. Has agreed to comply with the policy, and d. Understands the Organization is charitable and in order to maintain its federal tax exemption it must engage primarily in activities which accomplish one or more ofits tax- exempt purposes. Article VII Periodic Reviews To ensure the Organization operates in ai manner consistent with charitable purposes and does not engage in activities that could jeopardize its tax-exempt status, periodic reviews shall be conducted. The periodic reviews shall, at a minimum, include the following a. Whether compensation arrangements and benefits are reasonable, based on competent survey information, and the result of arm's length bargaining. b. Whether partnerships, joint ventures, and arrangements with management organizations conform to the Organization's written policies, are properly recorded, reflect reasonable investment or payments for goods and services, further charitable purposes and do not result in inurement, impermissible private benefit or in an excess subjects: benefit transaction. Article VIII Use of Outside Experts When conducting the periodic reviews as provided for in Article VII, the Organization may, but need not, use outside advisors. Ifoutside experts are used, their use shall not relieve the governing board ofi its responsibility for ensuring periodic reviews are conducted. 10 GREENE COMMONS GROUP A Virginia Non-stock Corporation The foregoing Bylaws were adopted by the Corporation on Executed in the name of the 44f ST2u Corporation by: 11 Board of Supervisors April 9, 2019 Attachment "F" Greene Commons Group Advisory Council BYLAWS [Adopted January 2, 2019] ARTICLEI PURPOSE Section 1. The purpose oft the. Advisory Council shall be to give practical operating direction and advice to the Greene Commons Group Board ofI Directors, the Greene County Economic Development and Tourism Director, and to the Greene Commons Operations Manager, in matters relating to all aspects of the Greene Farmers Market and Entertainment Venue, especially those directed towards outreach, enhancement and financial sustainability. Section 2. To achieve its mission, the Advisory Council shall: a) Develop regulations, ai fee structure for vendors, terms of operation and other appropriate rules b) Serve as liaison between staffa and vendors in the formulation of policies for the Greene Farmers c) Share input and concerns from vendors and customers with market and event staff; d) Share community information and insight with staff based on needs of vendors, customers, e) Aid inj promoting and marketing the Greene Farmers Market and Entertainment Venue to the f) Engage community volunteers in activities ofthe Greene Famers Market and Entertainment governing the operations ofai farmers market. Market and Entertainment Venue; community and area businesses; community and stimulate public awareness oft the benefits ofboth; Venue; g) Encourage participation by new and existing vendors. Section 3. The responsibility for daily administration and operation of the Greene Farmers Market and Entertainment Venue shall be performed by an Operations Manager, ifa and when appointed, who will be supervised by the Director of Greene County Economic Development & Tourism. ARTICLEII MEMBERS Section 1. Members - The Advisory Council shall consist of no more than 11 members, at least one of which shall be a member of the Greene Commons Group Board ofDirectors, and shall include, to the extent practicable, participating growers, crafters, food entrepreneurs, local businesses, low-income populations, entertainers and market patrons. GCAC Bylaws1 Section 2. Operations Manager - The Operations Manager, ifand when appointed, shall be a member Section 3. Market Vendors - Each vendor representative on the Advisory Council must be a vendorin good standing who adheres to the rules and regulations ofthe market and is fully engaged and committed ofthe Advisory Council. to the purpose ofthe Advisory Council. Section 4. Election and Tenure a) Members oft the Advisory Council shall be appointed by the President of the Greene Commons b) Initial members appointed in October 2018: shall serve until December 2019. To provide for continuity on the Council, initial members may be reappointed, but expiration of their terms shall ) All members appointed after 2019 shall serve for ai term oft two years and may bei reappointed. d) Any vacancy occurring in the Council may be filled by appointment of the President oft the Greene Commons Group Board ofDirectors, with the approval oft the Board, and such appointee shall Group Board of] Directors, in consultation with the Board. be staggered int the manner determined at the annual meeting. serve the remainder oft the vacated term. Section 5. Resignation or Removal - Any member may resign at any time by giving written notice to any Advisory Council officer. Any member of the Council may be removed from office, with or without cause, by a majority vote oft the Greene Commons Group Board of] Directors at a duly called meeting of Section 6. Absence - Any member unable to attend ai meeting shall advise an Officer of the Advisory Council of the reason for such absence. Ifai member is absent from three (3) consecutive meetings for reasons the Council has failed to declare to be sufficient, such member's resignation shall be deemed to Section 7. Indemnification - The Advisory Council and its members are: released of any and all liability that may arise from operations and activities involving the farmers market, events, patrons, staffa and Section 8. Salary Advisory Council members shall serve without compensation but may be reimbursed for reasonable expenses incurred in performance of their duties, as authorized in writing by the President said Board. have been tendered and accepted. grounds oft the Greene Commons Farmers Market and Entertainment Venue. ofthe Greene Commons Group Board ofDirectors. ARTICLEII OFFICERS Section 1. Officers The Officers ofthe Council shall be a chairperson, vice chairperson and secretary, each of whom shall be elected by and from the Advisory Council. Any two offices may be held by the same person. The chairperson shall preside at all meetings ofthe Council. The Secretary shall prepare and maintain all records of the Council, including votes and minutes of all proceedings. The vice chairperson shall perform all the duties of the chairperson in the absence ofthel latter. GCAC Bylaws 2 Section 2. Election and Tenure ofOffice - The Officers shall be elected annually by a majority vote nominated at the meeting. Each Officer shall hold office from the end ofs such meeting at which the Officer is installed for one (1): year or until a successor shall have been duly elected or until the Officer Section 3. Resignation or Removal - Any Officer may: resign upon written notice to the Council. Officer may be removed at any time, with or without cause, on the affirmative vote ofar majority oft the Any Council whenever, in its judgment, the best interests oft the. Advisory Council will be served thereby. members the of the Advisory Council present at the annual meeting oft the Council from the candidates of shall resign or shall have been removed in the manner herein provided. ARTICLEIV MEETINGS Section 1. Regular Meetings - Regular meetings shall be held by the Advisory Council once a month during the initial year of Greene Commons operations in 2019. Thereafter, the Council shall determine the frequency of meetings. Notice oft the time and place ofs such meetings shall be determined by the Advisory Council and shall bej provided by telephone or by email. Unless otherwise designated, the place Section 2. Annual Meeting - An annual meeting oft the Advisory Council shall be held each December for the purpose ofinstalling new: members, electing officers, assessing that season's achievements, goals for the coming year, arid for the transaction ofsuch other business as may come before the meeting. setting Section 3. Special Meetings Special meetings oft the Advisory Council may be called by the Chairperson or by any four members. The person(s) calling a Special Meeting must notify all Council members by first-class mail or by email as to the purpose oft the Special Meeting and ai reasonable time and place tol hold such meeting. Notice must be given at least ten (10) days prior to holding such a meeting, except when circumstances require expedited action by the Advisory Council. Section 4. Quorum and Voting - A majority of Advisory Council members in office shall constitute a Section 5. Action without Meeting - Any actioh oft the Advisory Council may be taken without meeting, ifc consent in writing setting forth the action sO taken is signed by all oft the members and is filed ofmeeting shall be the Stanardsville Town Hall, 19 Celt Road. quorum for the transaction of business. ini the minutes oft the Advisory Council. ARTICLEV GREENE COMMONS FINANCIAL RECORDS The Advisory Council shall have no direct oversight of Greene Commons financial records or access to funds generated by the activities oft the Farmers Market and Entertainment Venue. However, the Council shall receive periodic reports ofs such financial information from the Greene Commons Group for review. GCAC Bylaws 3 ARTICLEVI CONFLICT OF INTEREST In connection with any actual or possible financial conflict ofinterest, the affected member shall disclose the existence oft the financial interest and be given the opportunity to disclose all material facts. After such disclosure at ai meeting oft the. Advisory Council, he/she shall leave the meeting while a determination ofa conflict ofinterest is discussed and voted upon by the remaining members. Whatever action is decided upon shall be reflected in the minutes oft the meeting. ARTICLE VII FISCAL YEAR The fiscal year oft the Advisory Council shall be the calendar year, January - December. ARTICLE VIII NONDISCRIMINATION The Advisory Council does not discriminate on the basis of race, religion, color, national origin, gender, sexual orientation, gender identity, age, physical disability, or any other characteristic protected by law. ARTICLEIX AMENDMENTS These Bylaws may be altered, amended or replaced and new. Bylaws may be adopted by a majority vote oft the Advisory Council members present at a regular or special meeting of the Council, provided notice ofthe purpose of such proposed change has been stated int the call for the meeting. Any changes to the Bylaws shall be submitted to the Greene Commons Group. GCAC Bylaws 4 Board of Supervisors, April 9, 2019 Attachment "G" GREENE COUNTY FARMERS MARKET RULES AND REGULATIONS 2019 1. PURPOSE OF THE GREENE FARMERS MARKET-to provide a venue in downtown Stanardsville for agricultural vendors who sell fresh local products; to provide a community meeting place which showcases local artists and businesses; and to promote economic development in Greene County. a. Establish and operate a farmers market for the purpose of furnishing a market venue for local b. Organize or participate in educational and other activities that promote the use ofl local fresh Organize or participate in activities that, in conjunction with the operation of the farmers' market, 2. SUPPORTING ACTIVITIES grcutura/horicutural producers, artisans, and craft persons. produce and horticultural products will encourage commerce and tradei in Stanardsville and all of Greene County d. Conduct necessary research to further the development oft the Market e. Provide a showcase for amateur and professional local musicians 3. DATESC OF OPERATION--each Saturday from April 1 through October 31, 8:00 am - 12:00 pm. 4. LOCATION-Greene Commons, 40 Celt Road, behind the Greene County office building at the corner of Celt Road and Main Street in Stanardsville. 5. FARMERS' MARKETVENDORS a. Set-up--Vendors must be completely self-contained and provide their own tables, chairs, tents, b. Farmers' Market vendors must bei in assigned spaces before the: starting time for each event. Vendor vehicles cannot enter or leave the Market area during operation hours (8:00 am - 12:00 d. Each vendor is responsiblet for providing their own trash receptacle, and removing all garbage, 6. SMOKING-the use of tobacco products (smoking, dipping, chewing, etc.) and vaping are prohibited in the 8. MUSIC & ENTERTAINMENT will be scheduled and hired by the Market Site Manager; no free-lancing or coolers, displays, etc. (Electricity is available on site.) pm). waste or other refuse from the market. market area. busking is allowed. 9. PRODUCTS & PRODUCERS 7. PETS-No pets except service animals are allowed int the market area. a. Only' Virginia producers may sell farm, food, or craft products at the Farmers Market. b. At least 75% of the products offered for sale by the vendor must be grown or produced by the vendor or under the vendor's direction. The Market Site Manager reserves the right to inspect Afarm or food product not grown or processed by the vendor must have been purchased directly from another farmer located in Virginia and identified with signage as from another farm. vendor production facilities for verification. d. Products allowed for sale agricultural, horticultural, forestry or other products of the soil or water, including, but not limited to fruits, vegetables, herbs, spices, eggs, dairy products, honey, nuts, flowers, ii. meat and meat products, poultry C and poultry products, fish and fish products, lii. grain and grain products, ornamental, vegetable, herb, spice plants, nursery products, iv. processed foods including beverages, jams, jellies, and sauces/salsas, livestock feed, bee products, maple and sorghum products and further processed produce such as canned baked goods, goods V. value added fiber products GCFM Rules 1/3 vi. handmade crafts created by the vendor and approved by the Market Site Manager as adding value to the market vii. food trucks 10. VENDOR BREAKDOWN 11. APPLICATION & INSURANCE a. 60% or more of vendors willl be those selling products listed in numbers i-iv above. b. 40% or less of vendors will bet those selling products listed in numbers v-via above. a. Each prospective vendor must complete a Greene County Farmers Market Application and sign that they will abide by and have received a copy oft the rules and regulations. b. Applications can bet found aty wwesporegreene.com/ermersmarket or by request via email to Full Season (25-30 weeks) vendor applications and half of fees are due by March 15, 2019; second half of fees are due. July 15, 2019. This application guarantees the same reserved space at the market each Saturday. Ifvendor misses 5 or more Saturdays, they are considered al Partial Season d. Partial Season (10-24 weeks) and Short Season (1-9 weeks) vendor applications are due a minimum of 3 days prior to the first requested market day; vendor location is assigned on ai first come, first served basis. After initial application and full fees are received, Partial & Short Season vendors must reserve their subsequent weeks/space via email 3 days in advance: e. Any vendor that is cancelling their reservation fora Saturday market, must let the Market Manager know by Wednesday of the week of the cancellation thus giving the market staff ample All applications and relevant fees (see "12" below) must be received by the application deadline ommidesmeeaus vendor and willl lose their reserved space. semmideessesaus time to fillt the vacated space. and should be mailed or delivered in person to: Greene Farmers Market c/o Visitor Center 8315 Seminole Trail, Suite 2 Ruckersville, VA 22968 Preference in accepting applications will be given to Greene County residents and producers, and h. Itist the sole responsibility ofe each vendori to abide by all State and Federal Regulations which govern the production, harvest, preparation, weights and measures, storage, and labeling of farm and food products offered for sale. Virginia Cooperative Extension offersa a guide for this process at ntps/pubsextvtedu/content/am/pub: ext vt WANANESI5LZAat. This is only ag guide for getting started; iti is not the actual State and Federal Regulations. Vendors are responsible for the collection and paying of Virginia State Sales Tax. Each vendor will assume responsibility of any claims arising from Market participation. Itis strongly recommended that all vendors consider the risk and have suitable insurance coverage. Neither Greene County, Greene Commons Group, Greene Commons Advisory Council, Virginia Cooperative Extension, Property Owners nor the Market Site Manager accepts liability for any All complaints or concerns must be addressed via email to the Market Manager at ins subsequent years, to past vendors in good standing. claims associated with the operation of the Market. reenetarmersmarket@gmal.com. GCFM Rules 2/3 m. Overt vendor conflict will not bet tolerated at the market. Failure to abide by Greene Farmers Market rules and regulations may result ins suspension or expulsion from participation in the Farmers Market without any monetary rebate. 12. FEES-the 2019 market fees apply to alli farmers, vendors, non-profits as well as other businesses and a. Full Season- - 25-30 weeks commitment $75 seasonal fee (as low as $2.50/Saturday) b. Partial Season -1 10-24 weeks commitment-S66, seasonal fee (as low as $3.00/Saturday) organizations that wish to appear at the market. The fees are as follows: Short Season - 1-9 weeks partcpation-s10/week 13. MARKET: SITE MANAGER a. Operational Responsibilities . Assigning vendor spaces issues that arise Determining closings due to weather or other conditions d. Monitoring of Farmers Market Rulesand Regulations and working with vendors to resolve any e. Hiring entertainment for market days The Market Manager shall not be a vendor. 14. ALL-INCLUSIVE ACTIVITIES-The Greene Farmers Market considers its activities asi inclusive and does not discriminate based on race, religion, color, national origin, gender, sexual orientation, gender identity, gender expression, age, physical disabilities, or other applicable legally protected characteristics. GCFM Rules 3/3 Board of Supervisors April 9, 2019 Attachment "H" 2019 Greene Farmers Market Budget INCOME Pavilion Rental Donations Farmers Market Concessionairs Future Grants Events DHCD Grant Farmers Market Fees (firstseason) 2000 1500 1000 1000 3000 2000 7000 5000 5000 2000 3000 Tourism (installment 1 received) Tourism (installment 2 before July 1st) Art Guild Donation Naming & Sponsorship opportunities EXPENSES Farmers Market Manager Farmers Market Musicians Marketing Manager Expenses/Travel Site Expenses Pavilion Clean Up Consulting 20000 2000 2000 300 500 500 3000 32500 28300 Board of Supervisors, April 9, 2019 Attachment "T" Greene Commons Group Operations Plan The Greene Commons Group (GCG) is in the process of completing its Operations Plan. Funded by al Main Street/Department of Housing and Community Development grant, a team of contractors is developing the final details of the plan. The Commons Board and the Greene Commons Advisory Council (GCAC) are active participants. The initial focus has been on planning for the opening and operation of the Farmers' Market as a market. However, the market pavilion will also be used for special events either operated by GCG or rented to others for their events. The entertainment stage will have a separate set of activities to attract people tot the Stanardsville area, primarily concerts. These will either be run by GCG or by others who rent the facilities. Completed Tasks The Team, Advisors and Directors have completed the following tasks: Assembled a Greene Commons Board ofDirectors and appointed officers. Successfully applied for a grant from Virginia Main Street to fund contractors who would Attracted a core of farmers, crafters, musicians and local residents to form the advisory Developed operating rules and regulations for the Farmers' Market and communicated prepare marketing, financial and operating plans. Created and approved bylaws for GCG. council Prepared and approved bylaws for the GCAC. these to prospective market participants. Developed a schedule of fees for participants in the market. Designed advertising posters and messages for marketing. Defined aj job description for the part time market operations manager position and begun Created bank accounts and accounting records for the operations oft the farmers' market advertising for applicants. pavilion and the performance stage. Immediate Greene Commons Tasks to be Completed Construction will bej proceeding during the next few months, with completion dates dependent on the weather. Completion of the preliminary site work - Estimated mid-April Production oft the pavilion and stage framing - Ongoing, finish early May Construction of the pavilion and stage - Latel May Planting and landscaping- April or May Other critical tasks are to be completed during the weeks leading up to the opening of the market on April 13th to ensure a: smooth operation. [AI request has been sent to county to request use of the middle parking lot next to the County Administration Building for ai temporary market until the pavilion is completed.] Developing and implementing final marketing guidelines and creating marketing materials that include: Brand images Signage Radio advertising Website Social media strategies Promotional materials including rack cards and pamphlets. Interviewing market manager applicants and hiring a qualified person. The manager will be given some flexibility to recommend changes to the operations plan. Finalizing application with USDA toj provide SNAP benefits. Preparing a final report to Virginia Main Street covering the work funded by their grant. Refining preliminary budgets for the first year of operations. Designing and implementing campaigns to raise funds through naming opportunities and donations. Preliminary targets have been made for each type of naming campaign. The Art Guild is the first organization to take up the challenge with a $2,000 donation. Applying for appropriate grants from CACF, USDA and other sources of funds dedicated tol helping farmers' markets, tourism and local economic development. Special Events and Entertainment Operations Planning The plans for the operations ofthe pavilion and the entertainment stage for concerts and special events are in earlier stages ofc development. Preliminary estimates have been made for revenues for different types of events and for rentals of the facilities. These will be refined during April. Due to the rain and wet As schedule of concerts is yet to be developed, in part owing to the indefinite estimate for when the site work will be completed and when it will be suitable for use, i.e. good grass Guidelines and regulations will be created for all activities, with special attention to parking, crowd control, arrangements with the Sheriff's Office, requirements for restrooms, fencing needs, sound levels, drinking and wrist-banding for exits and re- GCG will co-ordinate its concert plans with those of other groups in the area, e.g. the Stanardsville Volunteer Fire Department, the Dean Family Bluegrass Band, and William Monroe High and Middle Schools. Where appropriate we will encourage them to use the grounds we will be very conservative in our concert plans. covering and dry sitting areas. entrance. GCG entertainment stage. The Team and the Board expect tol have completed these tasks before July 18t. Long Term Operations Planning The current year planning is aspirational in nature and the anticipated results will, by necessity, be an educated guess. With a year ofe experience, the GCG Board, the GCAC. and the Operations Manager will be able to develop a solid plan for operations, marketing and finances in 2020. In November the GCG Board, with the help of the Operations Manager, will develop a 'lessons learned' report. From this we will plan marketing, adjust marketing rules, attract additional vendors, plan concerts and other special events, and develop more accurate budgets.