Board of Supervisors December 28, 2021 Page 1  December 28, 2021 County of Greene, Virginia  THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, DECEMBER2 28, 2021, BEGINNING AT 5:30 P.M. IN PERSON IN THE COUNTY ADMINISTRATION BUILDING MEETING ROOM AND BY ZOOM VIDEO COMMUNICATION  Present were:  Bill Martin, Chairman Marie Durrer, Vice Chair Steve Bowman, Member Dale Herring, Member Davis Lamb, Member  Staff present:  Mark B. Taylor, County Administrator Kim Morris, Deputy Clerk  RE: CLOSED MEETING  Mr. Taylor read the proposed resolution to enter into closed meeting.  WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Discussion, consideration of the appointment of specific public officers, appointees, or 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  Meeting the following matter(s):  employees of any public body concerning the RSA Board.  public body concerning RSA litigation. discussions may occur in Closed Meeting;  WHEREAS, pursuant to: $2.2-3711(A)(), (A)(7) of the Code of Virginia, such NOW,THEREFORE, BE ITI RESOLVED that the Board of Supervisors of Greene County Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the  does hereby authorize discussion of the aforestated matters in Closed Meeting.  Board entered into closed meeting.    Board of Supervisors December 28, 2021 Page 2  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried. RE: OPEN MEETING Board returned to open meeting. Recorded vote:  Upon motion by Dale Herring, 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  Mr. Martin shared that Mr. Ron Williams submitted his resignation from the Rapidan Service Authority Board ofMembers effective December 27,2021. Mr. Martin read Mr. Williams  letter of resignation. (See Attachment "A")  Upon motion by Davis Lamb, second by Dale Herring and unanimous roll call vote, the Board appointed Steve Bowman to fill the unexpired term vacated by the resignation of Ron Williams on thel Rapidan Service Authority Board ofMembers which will expire on June 24, 2022.  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Abstained Yes Yes  Motion carried.    Board of Supervisors December 28, 2021 Page3 RE: RSA UPDATE  Mr. Taylor shared that the mediation and the litigation regarding Greene County's dispute with RSA are continuing at this time. During mediation, Greene County had put forward tol RSA af fair and reasonable proposition of settlement. We are still awaiting a response from RSA. Litigation also continues. RSA has been ruled against six times by Judge Worrell. Among those rulings, Judge Worrell overruled RSA's plea in bar for sovereign immunity. RSA has now filed, with the Supreme Court of Virginia, an interlocutory appeal, meaning an appeal of that one issue int the midst ofthe pending litigation here in our Circuit Court. They are asking the Supreme Court to rule on the correctness of Judge Worrell's decision on the Plea in Bar. RSA's attorney has engaged an outside firm to assist with this appeal. The Supreme Court has granted a stay, which  puts a hold on the litigation until they have time to rule on the appeal.  Mr. Herring clarified that RSA's legal counsel hired an outside legal counsel. Mr. Taylor said that is correct. Terry Lynn engaged outside counsel to take forward this appeal. Mr. Taylor said that, to the best of our knowledge, the members of the RSA Board were not notified ofthe action to appeal or the action to hire outside counsel. Mr. Herring asked if that means that the RSA Board is now paying for two legal teams. Mr. Martin said that they have an attorney that is part of their staff. Mr. Herring asked is she is paid by the hour or whether she is on retainer. Mr. Martin said he believes that she is on some sort ofan hourly rate. Mr. Herring said that means that Greene County, Orange County and Madison County are now paying for another legal organization without the knowledge of any of the Boards of Supervisors for those localities. Mr.  Martin said that yes, that is the assumption.  Mr. Bowman said that he finds it unfathomable that RSA would continue their legal effort against Greene County and engage in mediation without the other two member counties knowing  anything about it.  Mr. Taylor said that the Orange County Board of Supervisors and the Madison County Board of Supervisors passed resolutions authorizing the withdrawal of Greene County from RSA. RSA is in defiance of the three member Counties. At what point will Orange and Madison find  the end of their tolerance to such defiance.  Mr. Herring said that he believes that these actions will impact growth in our future, as well as the growth and future of Orange and Madison Counties, because of the cost impact to the citizens. He said that he knows that we will stay the course and fight until Greene County has its own water authority. Mr. Bowman and the other members said that they support that sentiment.  Mr. Martin said that he wished to express gratitude to Mr. Ron Williams for the years that  he has served on the RSA Board of Members.    Board of Supervisors December 28, 2021 Page 4 RE: ADJOURN Board meeting was adjourned. Recorded vote:  Upon motion by Steve Bowman, 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.  yuw Marie Durfer, Chair Greene County Board of Supervisors  M  Mark B.1 Taylor, Clerk Greene County Board of Supervisors    Board of Supervisors December 28, 2021 Attachment A Mark Taylor From: Sent: To: Cc: Subject:  Ron Williams Monday, December 27, 2021 11:18. AM Bill Martin Mark Taylor Resignation from RSA Board  Greene County Board of Supervisors:  It has been my privilege to serve as one of the Greene county representatives to the Rapidan Service Authority Board of Inl light of the bad-faith actions and continued obstruction by RSA and some ofi its Board members (and the resulting litigation), Ifeellcannot represent the county's interests as effectively as a replacement who is fully read-in and directly engaged with the litigation, mediation, and future planning for the replacement water/sewer service. Ifully support the Greene Bos direction to leave RSA and establish county-operated water/sewer service as the best way forward. I urge you to choose Mark Taylor as the replacement RSA Board member. Ifeel he is the best choice to  Members. However, must respectfully resign this position effective immediately.  represent Greene successfully going forward.  Best Regards, Ron Williams