Board of Supervisors April 27, 2021 Sheet 1 April27,2021 County of Greene, Virginia THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, APRIL27,2021, BEGINNING AT 5:30 P.M. BY ZOOM VIDEO COMMUNICATION IN ACCORDANCE WITH THE ORDINANCE ADOPTED ON MARCH 24, 2020 TO PERMIT PUBLIC BODIES OF GREENE COUNTY TO ASSEMBLE ELECTRONICALLY, TO MODIFY PUBLIC MEETING AND PUBLIC PRACTICES AND PROCEDURES, TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES, AND TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH ITHE COVID-19 PANDEMIC DISASTER Present were: Bill Martin, Chair Marie Durrer, Vice Chair Steve Bowman, Member Dale Herring, Member Davis Lamb, Member Staff present: Mark B. Taylor, County Administrator Kelley Kemp, Assistant County Attorney Patti Vogt, Deputy Clerk Jim Frydl, Director of] Planning and Zoning Tracy Morris, Director of Finance Melissa Meador, Director of Emergency Services RE: CLOSED MEETING Board approved the following: meeting the following matter(s): public body concerning RSA Closed Meeting; Ms. Kemp read the proposed resolution for closed meeting. Upon motion by Davis Lamb, second by Steve Bowman and unanimous roll call vote, the WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed 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 WHEREAS, pursuant to: 92.2-3711(A)(7) oft the Code of Virginia, such discussions may occur: in NOW,THEREFORE, BEI ITI RESOLVED that thel Board of Supervisors of Greene County does hereby authorize discussion oft the aforestated matters in Closed Meeting. Board of Supervisors April 27,2021 Sheet 2 Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: OPENMEETING Board returned to open meeting. Recorded vote: Upon motion by Marie Durrer, second by Davis Lamb and unanimous roll call vote, the Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb 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: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes RE: PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE ofGovernment Ordinance which allows for meetings to be held digitally. The Chair opened the meeting with the Pledge of Allegiance followed by a moment of silence. Mr. Martin said the Board of Supervisors is operating under Greene County's Continuity RE: ADOPTIONOF AGENDA Board approved the agenda as presented. Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. Board of Supervisors April 27, 2021 Sheet 3 RE: UFDATEONCOVID-9 Mr. Taylor, filling in for Ms. Meador who had an emergency, said there are 1,227 COVID cases in Greene County, 661 hospitalizations, and 161 fatalities. AsofApril: 27,2021,1 13,325 vaccine does have been administered to citizens in Greene. Ofthat number, 8,256 people have had a least one dose and 5,648 people are fully vaccinated. Everyone 16 years of age and up are eligible to receive the vaccine. Residents who are pre-registered through vaccinatexirginia.gov can schedule an appointment through VAMS using the invitation sent to their email or utilizing the link located on the BRHD website. Vaccinations are available at weekly clinics hosted by Blue Ridge Health District; at the Greene Care Clinic; Greene Pharmacy, and Walmart. Governor Northam has changed capacity limits effective May 15, 2021. There will be no specific limit on the number of outdoor patrons. Capacity limits at recreational sports venues will increase to a maximum of250 spectators per field for indoor events and 1,000 spectators per field for outdoor events. The limit ofsocial gatherings will increase from 501 to 100indoors and from 100to 250 outdoors. Restaurant dining will be permitted after midnight. COVID testing will be held on May 4 and May 18 at Emmanuel Christian Center. RE: CARESACTUPDATE Ms. Morris shared information on1 the. American Rescue Plan as received from the National Association of Counties (NACO). The final bill outlines that funds may be used by counties to: 1. Respond to the public health emergency with respect to COVID-19 or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or 2. Respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers ofthe county that are performing such essential work, or by providing grants to eligible employers that have eligible workers 3. For the provision of government services to the extent of the reduction in revenue (i.e. online, property or income tax) due to the public health emergency relative to revenues collected in the most recent full fiscal year ofthe county prior to the emergency. 4. Make necessary investments in water, sewer, or broadband infrastructure. Mr. Taylor said there may be aj potential to use: funds for broadband infrastructure referring toa proposal by Dominion Energy, Firefly Fiber Broadband, and Rappahannock Electric Cooperative for a broadband feasibility study which is included in the items under the consent Mrs. Morris said the deadline to spend funds is December 31, 2024. The first tranche to counties should not be later than 60-days after enactment and second payment no earlier than 12 months after the first payment. The bill was signed on March 11, 2021. Greene County will also be eligible for a share of$1.5 billion, to be split evenly over FY 2022 and 2023, because there is public park property within the county boundaries. These funds should be available in October, Mr. Martin asked if the Town of Stanardsville would be eligible to submit an application for funding. Mrs. Morris said $65 billion will be available to cities and other non-county municipalities in addition to the funds the County will receive. She will share information with aid to impacted industries such as tourism, travel, and hospitality. who perform essential work. agenda 2021. the Town. Board of Supervisors April 27, 2021 Sheet 4 RE: MATTERS FROM THE PUBLIC RE: CONSENT AGENDA Board approved the following items: None Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the a. b. C. Minutes of April 13, 2021 meeting Week (see Attachment "A") Resolution to declare May 16-22, 2021 as National Emergency Medical Services Phase One MOU for Dominion Energy, Firefly Fiber Broadband, and Rappahannock Electric Cooperative broadband feasibility study (see Attachment "B") Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: PUBLICI HEARING- PROPOSED BUDGET FOR FY2021-2022 Mr. Taylor reviewed budget best practices for budget development: 1. One-time funds should only be used for one-time expenditures. 2. Fund ongoing expenses using ongoing revenues. 3. Meet emergency needs from a single contingency fund rather than with funds reserved in 4. Unemployment compensation costs should be met using wage gap savings in the department or, failing that, from a single unemployment compensation reserve fund. 5. Capital projects should be managed through the capital improvements plan (CIP) rather than funded through the various departments. (Will be part oft thel budget in the future - act 6. Use modified zero-based budgeting. Examine each request, not just the change to the each department or agency. on CIP along with acting on the budget) funding budgeted in the prior year. The approach to balancing the FY 2022 budget included: data to arrive at the most accurate and useful estimates possible. not been utilized in past budget cycles or are not sufficiently justified 1. Review projected revenue estimates carefully and evaluate in relation to available market 2. Review proposed expenditures, line by line, and reduce budget requests where funds have 3. Review projected recurring cost items, such as contract services (ITs support, snow removal, landscaping, employee health insurance, etc.) toi identify "best value" path forward. 6. Propose a contingency fund sufficient to address emergencies, since those funds have been 4. Identify and plan to mitigate unforeseen challenges 5. Identify unexpected opportunities and consider "best value" options removed systematically from departmental budgets. Board of Supervisors April 27, 2021 Sheet 5 7. Reduce the reliance on fund balance tol balance the general fund budget and propose use of b.S Sweep ofschool construction reserved fund balance to cover debt service on new school construction project over the next few years until those reserved funds are depleted. 8. Propose the smallest increase possible in the tax rates to support the remaining deficit in Mr. Taylor said the County still has to manage the loss oft the facility fee and there is a debt payment due to VRA inl November. The projected loss ini the current year ending June 30, 2021 is $1,462,000. Litigation is ongoing. Attorney fees to date is $173,783 and estimated future fees is $250,000 for a total of$423,783. The two figures total $1,885,783 and equals 8.26 cents on our real estate tax. Filling this hole dominates our FY 2022 budget. The water supply project is identified as our number one priority. The County has spent more than $14 million on this project The current reassessment indicates a significant increase of nearly 4.8% in real estate values. The equalized tax rate is $0.77 and the current real estate tax rate is $0.82. An additional 5-cents on the real estate tax rate would generate almost $1.2 million in additional revenue. Mr. Taylorre reviewed a comparison of county tax rates from 2005 toj present, a comparison ofr real estate tax rates with neighboring localities, current and projected revenues, and the fund balance for school debt service, and capital projects. Thej proposed use ofi fund balance tol balance the proposed FY 2022 budget is $2,254,558. Once the school capital reserve fund balance is depleted (estimated to be after three years), an ongoing funding source will need to be identified for the school project debt service. Estimated revenue for FY2022is$ $39,785,797 7while] proposed expenditures is $39,466,131 leaving a balance of $319,666 tol be appropriated to the fund balance fund balance only for: a. One-time capital items. the general fund budget. to date and is ready to build infrastructure. for future needs. Additional positions proposed in the general fund budget is: Grant writer/public safety training coordinator (75%) General government IT support position 550 additional hours for Victim Witness Services (75%) Dispatcher- - E911 Medic - Emergency Medical Services (75%) Social Services Family Services Specialist Deputy Sheriff's Department Engineer (75%) 2.7% pay increase for county employees Mrs. Morris explained that funds are transferred to Social Services, CSA (Children's Services Act), Schools, and Capital Projects and totals 48.69% oft the general fund budget. Mr. Taylor said it is anticipated that the School Division will receive $3.3 million in CARES Act funds which will be available to spend through 2024. The recommendation is to maintain level funding for the schools with a small increase of $7,409. The County's capital improvements include: Solid waste bay floor replace/re-cap Water and waste water permitting Courthouse repairs Public safety radio system consultant fees and first equipment payment Board of Supervisors April 27, 2021 Sheet 6 Major items in the future include the emergency radio project, water supply project, courthouse repairs and facility study projects and pay study and market-based pay adjustments. There are concerns about thej proposed FY20221 budget including thel lack ofCARES Act guidance for school and county funds to be spent before 12/31/2024, multiple requested positions not funded, and continuing modest reserves. Bright spots ahead in FY 2022: School capital reserve fund remains strong, even as renovation debt gets paid down Looking ahead to forming Greene County's own water and sewer authority CARES Act funded EMS Station project to be completed Adoption oft tax rates is on the agenda for later this meeting and adoption oft thel budget will The public hearing was opened for comments. Dr. Andrea Whitmarsh, Superintendent of Schools, said doors were open to elementary students 5 days a week and to middle and high school students. 2 days per week. A virtual school option has been offered to all since September 8. COVID has had a profound impact on our schools and our system is forever changed. The Division faces many challenges ini the foreseeable future. Some students have not been in a school building in 13 months at this point. Some are succeeding and some are disengaged. There are students who have come to school in the blended model; students who have been to school five days a week; students who are struggling mentally, emotionally, developmentally and academically; and many families are dealing with significant challenges as well. Next year, schools will be open for all students five days per week. There will still be a virtual option with an approval process to utilize that model. Schools must be prepared to deal with the consequences Priorities for the FY 22 budget are educating the whole child, first and foremost, but addressing learning loss and unfinished learning as well. In order to do those things, the highest quality educators, leaders, and support staff must be recruited and retained. Student, staff, and The amount included in the advertised budget is appreciated but this amount still falls short of the very modest request to increase the operating budget. Dr. Whitmarsh made an additional plea for any increase in funding the Board is able to approve to assist in providing a raise for staff and long-term support needed for students. The School Division has been made aware that there will bei federal funds to assist with short term needs related to the pandemic but these funds cannot be used for compensation. The most recent information received indicates the Division will receive approximately $3.3 million in additional funds tol be spent by September, 2024. The funds have to be utilized for additional resources needed to support learning loss and student needs Dr. Whitmarsh said she is really proud of all that the system has been able to accomplish in the past year to support our youngest citizens and families and any additional financial support be on the agenda for the May 11 meeting. oft this past year for the next several years. community needs have changed as a result ofthe pandemic. related to the pandemic. that can bej provided would be appreciated. There were no additional comments and the public hearing was closed. Mr. Martin said this budget is less than optimal buti is ag good, strong budget for the coming year. The RSA situation is unprecedented and getting our water problem solved is not only the first priority for the Board of Supervisors but also for the Planning Commission. The School budget is very definitely a concern. Mr. Martin said hei is al bit chagrined that funding is essentially Board of Supervisors April 27,2021 Sheet 7 level again but is glad to see additional state and federal funds. He is pleased that the Board is intent on satisfying debt obligations, even those that have been brutally impacted by RSA when the contract was breached by the removal of the facility fee which RSA supported and voted to approve three separate times. The County is beginning to prepare for our own water and sewer authority and the resumption of our White Run Reservoir Project. The new EMS station is a critical piece ofinfrastructure and should be completed this summer. He is also pleased with the continuing investment in the public safety radio project with a significant amount of funding. There are much needed repairs at the Courthouse, additional positions, and a 2.7% increment for county staffincluded ini the proposed budget. Mr. Martin felt the Boar did ai really good job with an honest, transparent, and honorable effort during a very challenging year. Thel budget will be approved at the May 11,2021 meeting. RE: PUBLIC: HEARING - CAPITALI IMPROVEMENT PLAN Mr. Frydl reviewed the CIP priorities and associated cost estimates. Mr. Taylor recommended approval of the Plan be in conjunction with approval of the budget at the May 11 The public hearing was opened for comments. The hearing was closed with no comments Mr. Herring agreed with the recommendation to approve the Plan at the May 11 meeting along with the budget. He expressed his appreciation to all who worked on the development of the CIP. Mr. Martin said members ofthe Planning Commission and Chair. Jay Willer werel key in the process. Mr. Frydl said Mr. Brent Wilson volunteered to work on this project also. Mr. Bowman agreed with Mr. Herring and felt this is a great addition to the budget process. It was the consensus of Board members to have the approval of the Capital Improvement meeting. made. Plan on the agenda for the May 11, 2021 meeting. RE: PUBLIC HEARING TAX RATESFOR2021 Mrs. Morris read the advertised tax rates as follows: 2021 Proposed Levies on $100 Assessed Valuation: Real Estate Public Service Corp Personal Property Except Farm Machinery & Livestock Industrial Machinery & Tools $0.82 $0.82 $5.00 $0.00 $2.50 The public hearing was opened for comment. The hearing was closed with no comments. Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the RE: ADOPTION OFTAXI RATES FOR2021 Board approved the 2021 tax rates as presented. (see Attachment "C") Board of Supervisors April 27, 2021 Sheet 8 Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: RESOLUTION TO SET PERCENTAGE OF TAX RELIEF FOR 2021 - PERSONAL Mrs. Morris said the PPTRA requires the County to provide tax relief to owners of qualifying vehicles. The tax relief computation provided by the Commissioner of Revenue is Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the PROPERTYTAX RELIEF ACT (PPTRA) 40.4% for 2021. Board approved the resolution as presented. (See Attachment "D") Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: BOARD LIAISON REPORTS Mr. Herring attended the Emergency Services Advisory Board meeting last Tuesday. It was a good meeting and they are off to a great start. Hope to move to the county meeting room soon sO the public can watch. The Broadband Committee discussed the MOU with Dominion, Firefly Broadband, and Rappahannock Electric Coop, other providers ini the area, and applying for aVATI grant. The Thomas Jefferson Planning District Commission meeting is next week. Mr. Bowman attended the Planning Commission meeting on April 21 and reviewed sections of the Comprehensive Plan. The School Board meet on April 14th. Congressman Bob Mr. Lamb attended the Social Services meeting last week and will attend the Culpeper Soil Mr. Martin said the County has made an extensive request to RSA for documents and information regarding assets and debt. The RSA Board meeting was cancelled at last minute Good will bel here Friday for a tour ofs schools. and Water Conservation meeting tomorrow. earlier this month. RE: ROADMATTERS - SIX YEARPLAN Mr. Frydl said VDOT does not recommend South River Road as a project as the road is too narrow and therefore not a good option. Mt. Olivet Road, Route 650, is not recommended because the road is narrow and has right-of-way and drainage problems. Welsh Run Road and Entry Run are partial paving project options. Other roads do not meet VDOT standards to be considered for inclusion as a Rural Rustic Road project. It was the consensus of Board members toa add Welsh Run Road as an additional project on the Six Year Plan. The Board also agreed that Entry Run Road would bet the next priority project. Board of Supervisors April 27, 2021 Sheet 9 RE: COUNTY ADMINISTRATOR UPDATE Mr. Taylor updated the Board on progress at the EMS Station building site, clean up day at the Park, the spring soccer program, addition of a storage building at Greene Commons, a scheduled paint collection day on May 14 and al hazardous waste collection dayi in June at the Solid Waste Transfer Station, and need for landscaping at the County Administration Building. Mr. Taylor, Mr. Frydl, and Mr. Howard recently completed the NACO High Performance Staff has been testing equipment toj prepare for the move of the May 11th Board meeting to thej performing arts center at the high school to allow for citizens to attend the meeting in person. Leadership program. RE: OTHER ITEMS FROMTHE! BOARD Skyline CAP for their First Time Home Buyer Program. Mr. Martin will attend the groundbreaking on Friday for two new homes being built by RE: ADOURN adjourned. Upon motion by Davis Lamb and unanimous roll call vote, the Board meeting was Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. Wlbs William Bryan Martijn, Greene County Board of Supervisors Mark B. Taylor,Clerk MIBAk Greene County Board of SAk Supervisors Board of Supervisors April 27, 2021 Attachment "A" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA NATIONAL EMERGENCY MEDICAL SERVICES WEEK MAY16-22, ,2021 THIS IS EMS: CARING FOR OUR COMMUNITIES WHEREAS, Emergency Medical Services is a vital public service; and provide lifesaving care to those ini need 24 hours a day, seven days a week; and WHEREAS, the volunteers ofGreene County Rescue Squad and staff of Greene County EMS are ready to WHEREAS, access to quality emergency care dramaticallyimproves thes survival and recovery rate ofthose WHEREAS, the emergency medical services system consists of first responders, emergency medical technicians, paramedics, emergency medical dispatchers, firefighters, educators, administrators, pre- hospital nurses, emergency nurses, emergency physicians, and other out ofhospital medical care providers; WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical WHEREAS, the theme of National EMS Week, May 161h through May 22nd, 2021 "This is EMS: Caring for Our Communities" focuses on recognizing the sacrifice and dedication of EMS providers in Greene County. Over thel last year, thej pandemic has given people a glimpse ofthe vital role ofE EMS professionals. EMS is not defined by lights and sirens. The full portrait of what EMS does and who we are: is much more complex, diverse and nuanced. Iti is the paramedic who makes sure someone will feed an elderly patient's cat when she is at the hospital. It is the department that steps up to run testing and vaccination clinics. It is the EMT who holds a child's hand on the way to the hospital to make sure he is not scared. It is the crew that spends an hour fighting for a cardiac arrest victim's life at the end ofa long, sleepless night. It is the emergency medical professionals who care for our community, day in and day out. THIS ISI EMS. NOW, THEREFORE BE ITI RESOLVED that the Greene County Board of Supervisors declares the week ofMay 16th through 22nd, 2021 tol be National Emergency Medical Services Week in honor oft the men and who experience sudden illness or injury; and and services providers by designating Emergency Medical Services Week; and women whose diligence and professionalism keep our county and citizens safe. pi107,3021 Daté hiks Lf William Bryan Mattin, Chairman Greene County Board of Supervisors Attest: Mark Taylor County Administrator MB Board of Supervisors April 27, 2013 Attachment "B" PHASE ONE MEMORANDUM OF UNDERSTANDING This Phase One Memorandum ofUnderstanding (this Memorandum")i is made effective as ofMarch 1, 2021 (the "Effective Date"), by and between Virginia Electric and Power Company d/b/a Dominion Energy Virginia, a Virginia public service corporation ("Dominion"), Central Virginia Services, Inc. d/bla Firefly Fiber Broadband, a Virginia stock corporation ("Firefly"), Rappahannock Electric Cooperative, a Virginia electric cooperative corporation ("REC"), and each of the participating counties who subsequently. join this Memorandum ini the manner set forth herein ("Participating Counties"). Dominion, Firefly, and REC are, collectively, the "Organizing Parties", and Dominion, Firefly, REC, and each Participating County are each a Party" and collectively may be referred to as the "Parties". RECITALS A. Pursuant to the Virginia Code $ 56-585.1:9, effective July 1,2019 (the "Pilot Statute") the Commonwealth ofVirginia isseeking toe expand broadband services into unserved areaso of the Commonwealth. Thel Pilot Statute further permits electric utilities toj pursue pilot programs with broadband providers and local counties and municipalities to B. Dominion and Firefly have explored the: feasibility ofl Dominion deploying middle mile service to facilitate Firefly in extending last-mile service to unserved populations throughout the communities Virginia and have identified several counties as viable candidates based on REC desires to collaborate with Dominion and Firefly to leverage the proposed middle-mile and last-mile deployments by Dominion and Firefly, respectively, to improve thes security, reliability and efficiency ofREC's electric system and to extend broadband availability to as D. The Organizing Parties believe their partnership as set forth herein (the Initiative") can dramatically expand broadband access to presently unserved areas throughout Virginia, and are inviting counties that could benefit from the Initiative to join this Memorandum E. The Parties will pursue a relationship whereby: (i) pursuant to the Pilot Statute, Dominion would construct a fiber route that maximizes the number of unserved areas to be served by Firefly within each Participating County, (ii) Dominion will leverage the additional fiber installed along the route to connect devices that may not have had fiber connectivity under the original plan pursuant to the Grid Transformation and Security Act, (iii) REC will leverage the Initiative to improve the security, reliability and efficiency of REC'selectric system and to facilitate the extension oft broadband availability to as many of REC's unserved members as possible, (iv) Firefly will collaborate with and invest ine each Participating County and use the additional Dominion fiber capacity and network elements contributed by RECt toserve broadband end users in unserved locations in each Participating County, and (v) each Participating County will share relevant information with the Organizing Parties and collaborate with the Organizing Parties to advance the Initiative. The efforts oft the Parties herein ine each such Participating County shall be referred to as a "Project", and collectively the F. Itist thei intention of the Parties that the Initiative will result in the deployment ofa fiber-to- the-premises last-mile broadband network to offer service to all locations within each Participating County that are unserved as of the date hereof. Thel Parties acknowledge and facilitate such expansion. the legislative requirements for such a pilot program. many ofl REC's unserved members as reasonably possible. and become Participating Counties. "Projects"). 2 agree that thes specific details and characteristics ofe each Project will be analyzed and refined as the Initiative proceeds. G. The Organizing Parties have divided the Initiative into three phases. NOW, THEREFORE, the Parties hereby agree as follows: 1. PROCEDURE TO BECOME Al PARTICIPATING COUNTY Any county that isi invited to joint the Initiative by the Organizing Parties shall have until April 1, 2021 to return a counterpart signature page to this Memorandum to the Organizing Parties; provided the Organizing Parties may extend this deadline for good cause ifsuch extension will not materially delay the Initiative. Upon acceptance of the counterpart signature page by the Organizing Parties, such county shall become al Participating County. 2. INFORMATION SHARING AND COORDINATION a) Each Participating County and each Organizing Party agrees to share with the Organizing Parties suchi information. asi it has ini its possession related to broadband deployment and availability that may be useful to the Organizing Parties in conducting their analysis or otherwise facilitate the b) Firefly will serve as the central conduit for all information sharing activities and will be responsible The Parties will coordinate any communication releases to the public, and all announcements are subject to the prior written consent of Dominion and prior written or verbal consent ofa all parties. d) Notwithstanding anything to the contrary hereunder, in no event does this sharing of information agreement require any Party to disclose confidential or proprietary information not otherwise Initiative. for overall coordination oft the Initiative. authorized for release to any Party or Parties. 3. PHASE ONE TIMEFRAME AND. ACTIVITIES a) Thel Parties anticipate that Phase Ioft the Initiative will continue until approximately June 30, 2021. b) During Phase :: a. The Organizing Parties will conduct community and stakeholder engagement activities in b. The Organizing Parties will collaborate to develop preliminary plans and design criteria that: (i) are consistent with the Pilot Statute, (ir): support REC's desire to leverage the Initiative to improve thes security, reliability and efficiency of REC's electric system, and (iii) facilitate the extension of broadband availability to as many presently unserved Firefly will perform a last-mile feasibility study ("Initial Feasibility Study") for the Project d. Firefly will prepare a preliminary financial analysis for thel Project within each Participating Thel Participating Counties, and each Organizing Party, as applicable, will agree to support an application for one or more grant programs ("Phase IGrants") to partially offset the cost oft the Initial Feasibility Study and financial analysis. Firefly will coordinate and oversee the development and submission ofapplications for Phase IGrants. Thel Parties anticipate a. Firefly, in coordination with the other Organizing Parties, will present the results oft the Initial Feasibility Study and financial analysis to each Participating County. b. Firefly will identify the cost of Proceeding to Phase II for each Participating County and each Participating County. locations as reasonably possible. within each Participating County. County. that the Phase I Grants will not require any local matching funding. At the Conclusion of Phase :: 3 identify grants and other sources of potential funding to reduce or eliminate each Each Participating County will decide whether or not to continue to Phase II. Counties that elect to withdraw from thel Initiative at the conclusion of Phase I will have no further Participating County'so out-of-pocket costs toj proceed. obligations under this Memorandum. 4. PHASE TWOTIMEFRAME AND ACTIVITIES and continue until approximately December 31, 2021. a) The Parties anticipate that Phase II oft the Initiative will commence upon the conclusion of Phasel b) During Phase II: Dominion will prepare aj petition (the "Petition") under the Pilot Statute to the Virginia State Corporation Commission (the "Commission" ") seeking approval oft the Projects that are then included in the Initiative. Firefly will serve as the nongovernmental internet service provider pursuant to the Pilot Statute. Firefly and each of the other Parties will provide suchi information and assistance to Dominion as it may reasonably request to advance the Initiative and will commit to continuing to be involved ini the Petition until and after approval ofthe Petition is received. Thel Parties agree that implementation ofe each Project shall be contingent upon Commission approval ofs such Project on terms and conditions approved by Dominion that are not materially adverse tol Dominion. ii. Firefly will complete preliminary last-mile designs for each Project based upon the Dominion middle-mile infrastructure ands such network elements as REC elects to contribute to the Initiative. Such last-mile designs will be tailored to maximize each Project's eligibility for all available state and federal grant, loan, loan guarantee, and other support mechanisms (collectively, Public Support Mechanisms"). iii. Firefly will prepare detailed financial plans for each Project. Each: financial plan will address initial capital investment needs, ongoing operational expenses and provide more than one indicative approach for funding each Project through a combination of private capital, Public Support Mechanisms and contributions from Participating Counties. iv. Thel Participating Counties, and each Organizing Party, as applicable, will agree to: support an application for one or more grant programs ("Phase II Grants") to partially offset the cost oft the activities to be conducted during Phase II. Firefly will coordinate and oversee the development and submission of applications for Phase II Grants. V. Firefly will coordinate and oversee the development and submission of applications for all available Public Support Mechanisms to fund each) Project within the Initiative. Firefly will present the anticipated outcome ofi its last-mile designs to each Participating ii. Each Participating County will decide whether or not to continue to Phase III. Counties that elect to proceed tol Phase III will enteri into negotiations with) Firefly for one or more binding mutual definitive agreements ("Definitive. Agreements"), setting forth their respective commitments and obligations and such particulars as the parties thereto may deem appropriate. Counties that elect to withdraw from the Initiative at the conclusion of Phase II will have no further obligations under this Memorandum. c) At the Conclusion of Phase II: County. 5. EXPENSES The Parties understand that various costs will be incurred ini relation to activities contemplated herein. The Parties understand that regardless of which Party incurs such costs, none oft thel Parties herein shall be responsible for reimbursement ofe expenses to any of the others, unless such reimbursement is to be funded by al Phase IC Grant or Phase IIGrant, or otherwise agreed to in the Definitive Agreements. 4 6. GOOD FAITH COMMITMENTTO! INITIATIVE a) Each Participating County agrees that, for sO long as iti isa al Party to this Memorandum, it shall not participate in any activity or course of conduct that is inconsistent with or competitive to the Initiative, and that it will devote its broadband- The Parties understand and agree that, except as provided ini the next sentence, this Memorandum (i) constitutes only a statement ofi intentions, (ii) does not reflect all matters upon which Definitive. Agreements must be reached in order for the transactions contemplated hereby to be consummated, (ii) binding obligations with respect to a Project will only result from the execution of one or more Definitive Agreements and subject to the terms and conditions stated therein, and (iv) does not obligate the Parties to enter into any Definitive. Agreement relating to any Project. This Memorandum is not intended to be binding, other than related attention and resources to thel Initiative. Paragraphs 4(b)(),5and6. TERMINATION 7. Any Party may terminate its participation in this Memorandum at any time, with or without cause, upon written notice to the other Parties with atl least ten (10) days prior notice. In addition, this Memorandum shall terminate and be ofr noi further force and effect ift the Commission rejects the petition. LIMITATION OFLIABILITY 8. No Party shall be liable to the others in contract, tort, or otherwise, for any claims, liabilities or losses arising out of this Memorandum or alleged to result from the failure of the other Party to enter into any Definitive Agreements. Thel Parties hereby waive, in advance, any claims (whether such claims are based on breach of contract, tort, equity or any other theory) for the failure for any reason to enter into the Definitive Agreements. In no event shall any Party be liable tot the other for any incidental, indirect, special, punitive or consequential damages (including without limitation damages for lost profits). 9. GENERAL a. Governing Law. Virginia. Amendments. This Memorandum shall be governed in all respects by thel laws of the Commonwealth of b. No modification, amendment or waiver of any oft the provisions oft this Memorandum willl be binding without the written consent ofthe Parties hereto. C. Binding Effect; Assignment. This Memorandum will inure to the benefit of and be binding upon each oft the Parties hereto and their respective successors and permitted assigns to the extent provided in Section 6, but ini no respect shall give rise to any third party beneficiary rights or claims. Nol Party may assign any ofi its rights, interests, or obligations hereunder without the prior written consent oft the other Parties, except that any of the Organizing Parties may assign 5 this Memorandum to an affiliated entity upon written notice to the other Parties. d. Counterparts. same instrument. Relationship of Parties. This Memorandum may be executed in counterparts, all of which for all purposes shall be deemed to be an original and all of which shall, taken together, constitute one and the Nothing in this Memorandum shall be deemed to constitute, create, give effect to, or otherwise recognize aj joint venture, partnership, or formal business entity ofany kind. All notices, requests and othero communications hereunder shall be in writing and delivered by hand, by nationaly-recognized delivery service that guarantees overnight delivery, or by first-class registered or certified mail, return receipt f. Notices. requested, postage prepaid, addressed as follows: Iftol Dominion: Dominion Energy Virginia 600 Canal Street Richmond, Virginia 23219 with a copy to: Dominion Energy Services, Inc. 120 Tredegar Street Richmond, Virginia 23219 Fax: (804) 819-2677 Iftol Firefly: [Firefly for notice by US Mail: Firefly Fiber Broadband Attention: President and CEO POE Box 359 Lovingston, VA 22949 For Firefly for notice by overnight delivery: Firefly Fiber Broadband Attn: President and CEO 800 Cooperative Way Arrington, VA 22922 IftoREC: Rappahannock Electric Cooperative P.O.E Box 7388 Fredericksburg, Virginia 22404-7388 Attention: Director of Broadband and Fiber Services Attention: Director, Electric Distribution Grid Solutions Attention: Deputy General Counsel - State Regulatory 6 Ift to a Participating County, to the address set forth on such Participating County's counterpart signature page to this Memorandum. Any Party may change its address at any time upon notice to the other Parties. 7 IN WITNESS WHEREOF, thel Parties have executed this Memorandum as oft the Effective Date. VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION! ENERGY VIRGINIA A 02:0658EST) Name: Augustus Johnson Title: Director- - Electric Distribution Grid Solutions CENTRAL VIRGINIA SERVICES, INC. D/B/A FIREFLY FIBER BROADBAND aaryEwood GaryEWoodi 61,0710745E57 Name: Gary Wood Title: President and CEO RAPPAHANNOCK ELECTRIC COOPERATIVE Oay Name: Peter Muhoro, Ph.D. Title: Vice President, Strategy and' Technology 2 [SIGNATURE PAGETOI PHASE ONEI MEMORANDUM OF UNDERSTANDING) 3 IN WITNESS WHEREOF, the County named below has executed this Memorandum as oft the Effective. Date. ALBEMARLE COUNTY Name: Title: Address for Notice Information: APOMATTOXCOUNTY Name: Title: Address for Notice Information: BUCKINGHAMICOUNTY Name: Title: Address for Notice Information: CUMBERLAND COUNTY Name: Title: Address for Notice Information: FLUVANNA COUNTY Name: Title: Address for Notice Information: GOOCHLAND COUNTY 2 Name: Title: Address for Notice Information: GREENE COUNTY Nahe: MAPKB.7AM Title: COUNTY ADMIJISTKATDR Address for Notice Information: Greene County Administrator's Office P. 0. Box 358, Stanardsville, VA 22973 LOUISA COUNTY Chrittian RGdin ChristianR. Goodwin Mar2 2,202107.21E51) Name: Christian R. Goodwin, ICMA-CM Title: County Administrator Address for Notice Information: County ofLouisa 1Woolfolk Avenue Louisa, Virginia 23093 ORANGE COUNTY Name: Title: Address for Notice Information: POWHATANCOUNTY Name: Title: Address for Notice Information: 3 [SIGNATURE! PAGESTOE PHASE ONE MEMORANDUM OF UNDERSTANDING) 4 Board of Supervisors April 27, 2021 Attachment "C" RESOLUTION TO ESTABLISH CALENDAR YEAR 2021 TAX RATES WHEREAS, on March 11,2021 the Board of Supervisors of Greene County, Virginia WHEREAS, on March 25, 2021 ai notice of public hearing was published in the Greene WHEREAS, on March 28, 2021 ai notice of public hearing was published in the Daily WHEREAS, notice was advertised of proposed tax levies pursuant to the Code of Virginia, Section 58.1-3007,and: laj publichearing was held on April 27,2021 by electronic: means and hosted in the Greene County Administration building pursuant to the Ordinance to Address Continuity of Operations adopted by the Greene County Board of Supervisors on March 24, 2020; and authorized advertising the Calendar Year 2021 tax rates; and County Record; and Progress; and WHEREAS, at the public hearing, all those who wished to speak for or against thet tax rates NOW, THEREFORE, IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, establishes thet tax levies as follows fori the tax year beginning January 1,2 2021: were heard. Levies on $100 Assessed Valuation: Real Estate Public Service Corp. Personal Property $0.82 $0.82 $5.00 $0.00 $2.50 Except Farm Machinery & Livestock Industrial Machinery & Tools Adopted this 27th day of April, 2021. Motion: Dale Herring Second: Marie Durrer Recorded Vote: Steve Bowman Marie C. Durrer Dalel R. Herring Davis Lamb Bill Martin Yes Yes_ Yes Yes Yes_ ATTEST: WEB Ahat William Bryan Martin, Chair Greene County Board of Supervisors Clerk Greene Board AB County of Supervisors Board of Supervisors April 27, 2021 Attachment "D" RESOLUTION WHEREAS, the Personal Property Tax Relief Act of 1998, VA Code Section 58.1-3523 et. seq. ("PPTRA"), has been substantially modified by the enactment of Chapter 1 oft the Acts of Assembly, 2004 Special Session I (Senate Bill 5005), and the provisions of Item 503 of Chapter 951 of the 2005 Acts of Assembly (the 2005 revisions to the 2004-06 Appropriations Act, WHEREAS, these legislative enactments require the County to take affirmative steps to implement these changes, and to provide for the computation and allocation of relief provided WHEREAS, these legislative enactments provide for the appropriation to the County, of af fixed sum to be used exclusively for the provision oft tax reliefto owners ofq qualifying personal NOW THEREFORE BE IT RESOLVED by the Greene County Board of Supervisors qualifying vehicles obtaining situs within the County during tax year 2021, shall receive Personal use vehicles valued at $1,000 or less will be eligible for 100% tax relief; Personal use vehicles valued at $1,001 to $20,000 will be eligible for 40.4% tax relief; Personal use vehicles valued at $20,001 or more shall only receive 40.4% tax relief on All other vehicles which do not meet the definition of "qualifying" (business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax hereinafter cited as the "2005 Appropriations Act"); and pursuant to the PPTRA as revised; and use vehicles that are subject to the personal property tax on such vehicles. that: personal property tax reliefin the following manner: the first $20,000 ofvalue; and reliefunder this program. ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON APRIL 27, 2021. Motion: Dale Herring Second: Marie Durrer Votes: Martin: Yes Durrer: Yes Bowman: Yes Herring: Yes Lamb: Yes Wkbhhat Bryan Martin/Chair Greene County BoargofSupervisors William wyler Mark B. Taylor, Clerk Greene County Board of Supervisors