Board of Supervisors July 21, 2020 Sheet 1  July 21,2020  County of Greene, Virginia  THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, JULY21, 2020, BEGINNING AT 6:30 P.M. FOR A SPECIAL EMERGENCY MEETING 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, ANDTO. ADDRESS CONTINUITY OF OPERATIONS, ASSOCIATED WITHTHE 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  RSA Representative: Ron Williams RE OPENMEETING  Mr. Martin said this special emergency meeting was called for the following purposes: 1. The Board of Supervisors will receive briefings from Greene County's Rapidan Service Authority (RSA) representatives and other staff concerning the action taken by the RSA Board of Members at its meeting on Thursday, July 16, 2020, whereby the RSA Board apparently voted to repudiate or cancel multiple agreements existing between RSA and 2. The Board of Supervisors will convene in closed meeting to receive advice and recommendations from the County Attorney concerning the agreements and RSA Board  Greene County; and  ofMembers action aforementioned; and    Board of Supervisors July 21, 2020 Sheet 2  3. The Board of Supervisors may discuss, consider, and/or take action during this meeting in  response to the RSA Board of Members action aforementioned. The Chair opened the meeting with the Pledge of Allegiance.  RE: PLEDGE OF ALLEGIANCE  RE: BRIEFING ON ACTION TAKEN BY THE RAPIDAN SERVICE AUTHORITY Mr. Bill Martin and Mr. Ron Williams are Greene County representatives on the Rapidan Mr. Taylor said thej presentation the Board of Supervisors saw on July 14 was presented to the RSA Board on July 16. A slate of facility fee increases was approved by the Board of Supervisors following aj public hearing. The RSA Board received copies of the resolution and the formal request that they consider reducing their facility fee billing charge to a flat $1.00 per Looking at the agenda for the RSA meeting on July 16, Greene County's presentation is on the agenda under new business and the agenda does not disclose any item or intent to consider the termination of facility fees or a demand for payment of availability fees to RSA. This action was obviously prearranged and was hidden from the public and Greene County inj particular. Mr. Martin and Mr. Williams received a copy oft the motion afteri it wasi made orally to thel RSA Board. Mr. Martin had to interrupt the call for vote in order to have the opportunity to comment on the motion. Both Greene County representatives voted against the motion which was ultimately 1. Effective. July 17,2020 all water availability fees in Greene County will bej paid directly to 2. Effective July 17, 2020, water facility fees will no longer be billed or collected by RSA. 3. Effective July 17,2020, sewer facility fees will no longer be billed or collected by RSA. RSA has been well aware of the Greene County Water Supply Project and particularly aware that the project will take, and has taken, several years. Greene County has spent more than $11 million SO far advancing the project. This has been a major topic of community discussion including discussion with RSA for more than a decade. Information is available on the County's This special meeting was called because RSA Board's prearranged action at their meeting on July 16 is potentially disruptive to Greene County's progress and therefore warrants the Mr. Williams felt Mr. Taylor did an excellent job of covering essentials of the RSA meeting. A number of points raised during discussion did not receive answers. This motion effectively terminates several key elements ofthe agreement. The practice of the RSA Board in  BOARD RSA)ONJULY16.2020  Service Authority (RSA) Board.  account per month.  approved by a 4 to 2 vote and included:  RSA prior to the initiation of any new water service.  website under White Run Reservoir Water Impoundment Project.  immediate attention oft the Board of Supervisors.  the past has been to honor that agreement.    Board of Supervisors July 21,2 2020 Sheet 3  Mr. Martin said he asked ifRSA discussion included an impoundment and was told RSA will take care of providing water to RSA customers. There was a comment made prior to the motion that RSA would now bei responsible: for all Greene County public water needs. The County ofGreene would nol longer bei required tol bei involved. There was implication that there was ap plan of sorts but nothing was shared. Evidently, numbers had been crunched to come up with some new water: rate as the person who made the motion also said water use rates would be going up. Mr. Herring recalled an indication that due to lack of water resources, some projects in Greene going forward may be denied by RSA due to lack of water. Also, RSA said they could take over part oft the funding for the project if Greene gave them the revenue streams we currently have, turn the project over to them, and do away with all recreational activities on the reservoir. Mr. Martin noted RSA had said they would give aj presentation on financing options ifthey were to get involved. (22:05) Mr. Herring remembered RSA indicating they could fund part of the project and wanted the County to fund the remainder through increased taxes. Mr. Martin said RSA made it clear that they did not like the facility fee even with taxpayers already contributing 7.5 cents to fund the water project. Thej principle behind the facility fee was that the user would take on thel burden of paying for al big chunk oft the infrastructure as well. There was an admission by all parties that water usage rates in Greene County havel been below market for many years and wei needed to catch up. Mr. Martin thought RSA would ultimately meld fees together SO customers would have one rate. In his opinion, the full cost of water service includes infrastructure, water service delivery, infrastructure repairs, billing, customer service, service standards, and staff. Mr. Frydl clarified the comment made was that RSA would be responsible for providing Mr. Herring said RSA was fully aware oft the process and was part of the process, but at the last meeting threw the project out the window. Mr. Martin and Mr. Williams agreed that was essentially correct. Mr. Williams did not think there was any dispute over the elements ofthej plan which has been reviewed and signed off on by the RSA engineer. RSA has delayed signing off as Mr. Frydl was ai member on the RSA Board for eight years ending in 2018. The contract between Greene and RSA required that Greene retain an engineer to design the project. Everyone Mr. Martin said he was told the standing policy is that the RSA Board follows the lead of the county in question and Mr. Frydl agreed. Each county operates independently and rates are county specific based on infrastructure needs and cost of delivery. The policy was always that when a project was proposed by a county, the other counties would support their decision as  water and sewer to the customers.  the owner on the site plan for the wateri intake.  has been aware oft the project.  projects did not impact the other member counties.  RE: CLOSED MEETING Board approved the following:  Ms. Kemp read the proposed resolution for closed meeting.  Upon motion by Dale Herring, second by Steve Bowman and unanimous roll call vote, the    Board of Supervisors July 21, 2020 Sheet 4  WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Meeting 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 Consultation with legal counsel employed or retained by aj public body regarding specific legal matters requiring the provision oflegal advice by such counsel concerning RSA. WHEREAS, pursuant to: 2237114X0XAy0orue Code ofVirginia, such discussions NOW,THEREFORE, BEITRESOLVED: that thel Board of Supervisors of Greene County  the following matter(s): public body concerning RSA.  may occur in Closed Meeting;  does hereby authorize discussion oft the aforestated matters in Closed Meeting.  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 Davis Lamb, second by Dale Herring 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, 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 Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes    Board of Supervisors July 21, 2020 Sheet 5  RE: ADJOURN Board meeting was adjourned. Recorded vote:  Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  Walia Khat William Bryan Martin, Chair Greene County Board of Supervisors  Mark-B. Clerk Taylor,  MABk  Greene County Board of Supervisors