Board of Supervisors July 9, 2024 Sheet 1  July 9, 2024  County of Greene, Virginia  THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY,. JULY 9, 2024, BEGINNING AT 5:30 P.M. IN PERSON IN THE COUNTY ADMINISTRATION BUILDING  MEETING ROOM Present were:  Marie Durrer, Chair Davis Lamb, Vice Chair Steve Catalano, Member Tim Goolsby, Member Francis McGuigan, Member Cathy Schafrik, County Administrator Jim Frydl, Director of Planning & Zoning Kelley Kemp, County Attorney Terry Beigie, Grant Writer Stephanie Golon, Deputy Director of Planning Melissa Meador, Director of Emergency Services Dan Chipman, Director of Finance Jennifer Lewis-Fowler, Director of Elections  Staff present:  RE: CALLTOORDER  The Chair called the meeting to order at 5:30 p.m.  RE: CLOSED MEETING  Ms. Kemp read the proposed resolution for Closed Meeting.  WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Discussion, consideration, ori 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 County Administrator and the Agricultural and Forestry Advisory 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  Meeting the following matter(s):  Committee.  governmental unit would be adversely affected.    Board of Supervisors July 9, 2024 Sheet 2  WHEREAS, pursuant to: $2.2-3711(A)I) and (A)(6) of the Code of Virginia, such NOW,THEREFORE, BE ITI RESOLVED that the Board of Supervisors of Greene County does hereby authorize discussion of the aforestated matters in Closed Meeting. Upon motion by Tim Goolsby, second by Davis Lamb and unanimous roll call vote, the  discussions may occur in Closed Meeting;  Board entered into Closed Meeting. Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  RE: OPEN MEETING Board returned to open meeting. Recorded vote:  Upon motion by Steve Catalano, second by Davis Lamb and unanimous roll call vote, the  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes 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 Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.    Board of Supervisors July 9, 2024 Sheet 3  RE: APPOINTMENT OF FRED TURCK TO THE AGRICULTURAL & FORESTAL Upon motion by Davis Lamb, second by Steve Catalano and unanimous roll call vote, the Board appointed Fred Turck to the. Agricultural & Forestal Advisory Committee until replaced..  ADVISORY COMMITTEE  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  RE: PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE  The Chair opened the meeting with the Pledge of Allegiance followed by a moment of  silence.  RE: ADOPTION OF AGENDA agenda was adopted.  Upon motion by Steve Catalano, second by Davis Lamb and unanimous roll call vote, the  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  RE: MATTERS FROM THE PUBLIC  Ms. Marta Keane, the CEOOfJABA, brought the annual report to the Board of Supervisors and thanked the supervisors for their support of the Greene County Senior Center and programs. Ms. Andrea Laffew was present to ask the Board of Supervisors to consider zoning Ms. JenniferL Lewis-Fowler, Director of Elections, asked the Board of Supervisors to defer action on the MOU with the Town of Stanardsville regarding costs for elections that was on the agenda under consent and requested supervisors speak with council members regarding it.  ordinance modifications for communications to the public and property zoning.    Board of Supervisors July 9, 2024 Sheet 4  Ms. Lisa Smith was present to ask that people stop using Jennings Loop as a cut-through Mr. Kevin Kelley thanked all the volunteers for the hard work that went into the Red, Mr. Ken Copeland told the Board he had concerns regarding whether the Public Hearing that was scheduled for later in the meeting had been properly advertised. The Chair asked Ms. Kemp to respond, and she said since the meeting date was announced when it was deferred in May that it was properly noticed. Mr. McGuigan said he felt it was supposed to be advertised as well. Ms. Kemp said since they seti itto a date certain it was properly advertised, and the applicant should be heard tonight, and a second public hearing could be advertised and held and the vote deferred  and ask the Board if there was anything it could do to prohibit it.  White, Blue 'N Greene July 4th celebration.  until that date ifit was acceptable.  Mr. Victor Rosenberg told the Board he believed that whatever vote was taken at the public hearing would be voided if the meeting was deemed to not have been properly advertised. Ms. Kemp said it was the Board's choice but did not feel the public meeting was the time for a legal debate. Mr. Catalano said he always understood the requirement tol beifit was a date certain it was properly noticed but didn't want a technicality to render the Board's decision void. Ms. Durrer  agreed.  RE: PUBLIC HEARING TO CONSIDER AJ REQUEST FROM CARL R. BEARD JR. REV TRUST FOR A SPECIAL USE PERMIT FOR A FARM WINERY WITH STRUCTURES LARGER THAN 4,000 SQUARE FEETLOCATED AT 12955 DYKE ROAD  Upon motion by Steve Catalano, second by Davis Lamb and roll call vote, the Board deferred the public hearing until a time after it had been advertised in the local newspaper.  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  RE: CONSENT AGENDA  Mr. Catalano asked to remove the MOU from the consent agenda.  Upon motion by Steve Catalano, second by Davis Lamb, and unanimous roll call vote, the  Board approved the consent agenda without the MOU.    Board of Supervisors July 9, 2024 Sheet 5  a. b. C. d. e. f. g.  Minutes of previous meeting Attorney grant (Attachment "A") (Attachment "B") (Attachment "C")  Resolution to accept and appropriate $45,000.00 for the Commonwealth's Resolution to accept and appropriate $59,223.00 for the Byrne Justice grant Resolution to accept and appropriate $69,387.00 for the Victim Witness grant Resolution to authorize County Attorney to enter into latest lawsuit settlement Resolution to designate Welsh Run Road as al Rural Rustic Road that qualifies for Resolution to accept and appropriate $62,693.00 for the Sheriff's Office Cease  against Kroger for Opioid Abatement (Attachment "D")  Pave in Place (Attachment "E") Fire grant (Attachment "F")  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  RE: MOU WITHT THE TOWN OESTANARDSVILLE REGARDING ELECTIONS Schafrik said key staff members have been out long term and had not been done yet.  Mr. Catalano said he thought someone would contact the Town regarding the issue. Ms. Mr. McGuigan asked ift there should be a letter from the County to the Town Council and Mayor with regard to election costs and asking them to offset the costs to the required separate  precinct.  Upon motion by Francis McGuigan, second by Davis Lamb, and unanimous roll call vote, the Board approved the County Administrator sending a letter to the Town Council and Mayor  regarding offsetting the costs of the Town of Stanardsville election precinct.  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.    Board of Supervisors July 9, 2024 Sheet 6  RE: BOARD LIAISON REPORTS  Ms. Durrer told the Board that she attended the BZA meeting on June 26. She told the members that the BZA did recommend that the Board of Supervisors make a resolution to the Planning Commission to request changes to the ordinance. She said she would like to see that at  an upcoming meeting.  RE: COUNTY ADMINISTRATORS UPDATE  Ms. Schafrik requested that the Board add a special meeting for July 12, 2024, for interviews for the director of the water and sewer department. She also told the Board that the County remains in a drought and mandatory water restrictions may become necessary. Ms. Schafrik told the Board that the Social Services building will be closed on July 12, 2024, due toa a bee infestation. Due to a clean up at the Solid Waste Transfer Station, brush and concrete will not  be accepted until August 1, 2024.  Upon motion by Davis Lamb, second by Steve Catalano, and unanimous roll call vote, the Board approved advertising for a special meeting for July 12, 2024, beginning at 9:50 a.m.  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  Ms. Schafrik requested that the Board add a special meeting for July 12, 2024, for interviews for the director of the water and sewer department. She also told the Board that the County remains in a drought and mandatory water restrictions may become necessary. Ms. Schafrik told the Board that the Social Services building will be closed on July 12, 2024, due toa bee infestation. Due to a cleanup at the Solid Waste Transfer Station, brush and concrete will not  be accepted until August 1,2024.  RE: OTHER MATTERS FROMTHE BOARD  Mr. McGuigan passed out tol Board members a copy of an email between the Planning and Zoning Department and an applicant that states the department wanted the Board of Supervisors to review the conflict identified in the email about kitchens at farm wineries. He notes the code states restaurants are strictly prohibited. He asked for a resolution taking away the discretion of the decision from the: zoning administrator and fulfilling the request to clarify the conflict. He said  he was not changing anything in the ordinance.  Ms. Durrer asked Ms. Kemp her opinion. She suggested bringing it back to the staff to do some research regarding it. She said the building official may need to weigh in as well per state  code. She said a vote needed tol be taken to suspend the bylaws.    Board of Supervisors July 9, 2024 Sheet 7  Upon motion by Steve Catalano, second by Francis McGuigan, and unanimous roll call  vote, the Board approved suspending its bylaws.  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  Upon motion by Francis McGuigan, second by Steve Catalano, and unanimous roll call vote, the Board approved a resolution that states that winery kitchens are only authorized to offer picnic food, finger food, soups, and appetizers; restaurants are strictly forbidden. Catering for  groups and events is allowed, but individual dining is not..  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  RE: ADJOURN Board meeting was adjourned. Recorded vote:  Upon motion by Davis Lamb, second by Steve Catalano and unanimous roll call vote, the  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  Mai C. Dyn Greene County Board of Supervisors  Marie Durrer, Chair  Greene County Board of Supervisors  GREE    Board of Supervisors July 9, 2024 Attachment "A"  RESOLUTION TO ACCEPT AND APPROPRIATE FORTY-FIVE THOUSAND DOLLARS FOR THE VIRGINIA DOMESTIC VIOLENCE VICTIM FUND GRANT  WHEREAS, the County of Greene has been awarded a grant from the Department of Criminal Justice Services for a Virginia Domestic Violence Victim  Fund; and  WHEREAS, the funds in the amount of forty-five thousand dollars ($45,000.00) need to be accepted and appropriated to the correct line item in the  2024-2025 budget of the County of Greene, Virginia.  NOW,THEREFORE, BEI ITANDITIS) HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that forty-five thousand dollars ($45,000.00) be appropriated to the 2024-2025 budget of the County of Greene.  BE. IT FURTHER RESOLVED that the County Administrator of the County ofGreene, Virginia is authorized to make the appropriate accounting adjustments in  the budget to all things necessary to give his resolution effect.  Adopted this gth day ofJuly, 2024.  Motion: Steve Catalano Second: Davis Lamb Recorded Vote: Steve Catalano Marie C. Durrer Tim Goolsby Davis Lamb Francis McGuigan Yes  Yes Yes Yes Yes  yie ca Marie Durrer, Chair Greene County Board of Supervisors  ATTEST/  Greene County Board of Supervisors  AS4    Board of Supervisors July 9, 2024 Attachment "B"  RESOLUTION TO ACCEPT AND APPROPRIATE  FIFTY-NINE THOUSAND TWO HUNDRED TWENTY-THREE DOLLARS FOR THE BYRNEJUSTICE ASSISTANCE GRANT PROGRAM  WHEREAS, the County of Greene has received funding for the Byrne Justice WHEREAS, the funds in the amount of fifty-nine thousand two hundred twenty-three dollars ($59,223.00) need to be accepted and appropriated to the correct line item in the 2024-2025 budget ofthe County of Greene, Virginia.  Assistance Grant to purchase equipment for the Sheriff's Office; and  NOW,THEREFORE, BEITANDITISH HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that fifty-nine thousand two hundred twenty-three dollars ($59,223.00) be appropriated to the 2024-2025 budget  oft the County of Greene.  BE IT FURTHER RESOLVED that the County Administrator of the County ofGreene, Virginia is authorized to make the appropriate accounting adjustments in  the budget to all things necessary to give his resolution effect.  Adopted this gth day ofJuly, 2024.  Motion: Steve Catalano Second: Davis Lamb Recorded Vote: Steve Catalano Marie C. Durrer Tim Goolsby Davis Lamb Francis McGuigan  Yes Yes Yes Yes Yes  ir eSr Marieç. Durrer, Chair' Greene County Board of Supervisors  ATTEST!  Greene County Board of Supervisors  84    Board of Supervisors July 9, 2024 Attachment "c"  RESOLUTION TO ACCEPT AND APPROPRIATE SIXTY-NINE THOUSAND THREE HUNDRED AND EIGHTY-SEVEN DOLLARS FOR VICTIM WITNESS GRANT AWARD WHEREAS, the Greene County Sheriff's Office will be receiving funds in the amount of sixty-nine thousand three hundred eighty-seven dollars ($69,387.00) which shall go toward victim/witness NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that sixty-nine thousand three hundred eighty-seven dollars be appropriated to the 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  services for the County of Greene.  2024-2025 budget of the County of Greenc.  to give this resolution effect. Adopted this 9th day of July. 2024. Motion: Steve Catalano Second: Davis Lamb Recorded Vote: Marie C. Durrer Steve Catalano Francis McGuigan Tim Goolsby Davis Lamb  Yes Yes Yes Yes Yes  Mcur Marie(C. Durrer, Chair GreeneCounty Board of Supervisors  ATTEST  Greene County Board of  B  Supervisors  E    Board of Supervisors July 9, 2024 Attachment "D"  RESOLUTION  A RESOLUTION OF THE GREENE COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY'S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST: KROGER ANDI ITS RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEY TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATETHE COUNTY'S  PARTICIPATION IN THE: SETTLEMENT  WHEREAS, the opioid epidemic that has cost thousands ofhuman lives across the country also impacts the Commonwealth of Virginia and its counties and cities, including the County Of Greene, by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Greene's various  departments and agencies; and  WHEREAS, the Commonwealth of Virginia and its counties and cities, including Greene County, have been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and  continues to cause the citizens oft the Commonwealth and Greene County; and  WHEREAS, a settlement proposal has been negotiated that will cause Kroger to pay over  ab billion dollars nationwide to resolve opioid-related claims against it; and  WHEREAS, the County has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum ofUnderstanding (the "Virginia MOU"), a andaffirms that this pending settlement with Kroger shall be considered a "Settlement" that is subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with opioid distributors McKesson, Cardinal Health, and AmerisOurceBergen, opioid manufacturers Janssen Pharmaceuticals, Teva Pharmaceuticals, and  Allergan, and retail pharmacy chains CVS, Walgreens, and Walmart;  WHEREAS, the County Attorney has reviewed the available information about the proposed settlement and has recommended that the County participate in the settlement in order  tor recover its share of the funds that the settlement would provide.  NOW THEREFORE BE IT RESOLVED that the Greene County Board of Supervisors, this 9th day of. July, 2024, approves of the County's participation in the proposed settlement of opioid-related claims against Kroger and its related corporate entities, and directs the County Attorney to execute the documents necessary to effectuate the County's participation in the  settlement, including the required release of claims against Kroger.    Motion: Steve Catalano Second: Davis Lamb Recorded Vote: Steve Catalano Marie C. Durrer Tim Goolsby Davis Lamb Francis McGuigan Yes Maesuen Marie/c. Durrer, Chait GreeneCounty Board of Supervisors  Yes Yes Yes Yes  ATTESTY.  Cathy Schafrik, Clerk Greene County Board of Supervisors  RAz    Board of Supervisors July 9, 2024 Attachment "E"  RESOLUTION OF THE GREENE BOARD OF SUPERVISORS REQUESTING THAT VDOT MAKE MPROVEMENTS TO WELSH RUN ROAD  WHEREAS, Section 33.2-332 of the Code of Virginia permits the hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural  Rustic Road; and  WHEREAS, any such road must be located inalow-density development area WHEREAS, the Board of Supervisors of Greene County, Virginia ("Board") desires to consider whether Route 629 Welsh Run Road, extending East an additional 0.83 miles, should be designated a Rural Rustic Road; and  and have no more than 1,500 vehicles per day; and  WHEREAS, the Board is unaware of pending development that will WHEREAS, this road is in the Board's six-year plan forimprovements to the NOW, THEREFORE, BE IT RESOLVED, the Board hereby designates this road a Rural Rustic Road, and requests that the Residency Administrator for the  significantly affect the existing traffic on this road; and  secondary system of state highways.  Virginia Department of Transportation concur in this designation.  BE IT FURTHER RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right-of- way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state.  BE IT FURTHER RESOLVED, a certified copy of this resolution be forwarded to the Virginia Department of Transportation Residency Administrator. Adopted by the Greene County Board of Supervisors this gth day ofJuly, 2024.    Motion: Steve Catalano Second: Davis Lamb Recorded Vote Steve Catalano Marie C. Durrer Tim Goolsby Davis Lamb Francis McGuigan  Yes Yes Yes Yes Yes  Fa Cw Marie E.Durrer, Chair Greene Seunty-Board of Supervisors  ATTEST:  Greene County Board of Supervisors  Ae    Board of Supervisors July 9, 2024 Attachment "F"  RESOLUTION TO ACCEPT. AND APPROPRIATE SIXTY-TWO THOUSAND SIX HUNDRED ANDI NINEIY-THREE DOLLARS FOR OPERATION CEASEFIRE GRANT PROGRAM  AWARD  WHEREAS, the Greene County Sheriff's Office will be receiving funds in the amount of sixty-two thousand six hundred ninety-three dollars ($62,693.00) which shall go toward equipment purchasing NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that sixty-two thousand six hundred ninety-three dollars be appropriated to the BE IT FURTHER RESOLVED that the County Administrator ofthe County of Greene, Virginia is authorized to make the appropriate accounting adjustments in the budget to do all things necessary  for the Greene County Sheriff's Office.  2024-2025 budget oft the County of Greene.  to give this resolution effect. Adopted this 9th day ofJuly, 2024. Motion: Steve Catalano Second: Davis Lamb Recorded Vote: Marie C. Durrer Steve Catalano Francis McGuigan Yes Tim Goolsby Davis Lamb  Yes Yes Yes Yes  yhic cahuer Marie C. Durrer, Chair GreeneCounty Board ofSupervisors  ATTEST:  pakes  eathy Schafrik, Clerk  Greene County Board of Supervisors