Board of Supervisors November 13, 2018 Sheet 1 November 13, 2018 Greene County, Virginia THE GREENE COUNTY BOARD OF SUPERVISORS MET ONTUISDAE.NOVPMBERI, 2018 BEGINNING AT 6:00 P.M. IN THE COUNTY MEETING ROOM. Present were: Michelle Flynn, Chair Bill Martin, Vice Chair David Cox, Member Marie Durrer, Member Dale Herring, Member Staff present: Brenda Garton, Interim County Administrator Kelley Kemp, County Attorney Patti Vogt, Deputy Clerk Jim Frydl, Director of] Planning and Zoning RE: CLOSED MEETING Board approved the following: Meeting the following matter(s): Upon motion by Bill Martin, second by Dale Herring and unanimous roll call vote, the WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Discussion, consideration, or interviews of prospective candidates for employment as County Administrator and discussion of the salaries of specific employees of the public body. - $2.2- 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 negotiating 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 Consultation with legal counsel pertaining to actual or probable litigation where such consultation ino open meeting would adversely affect thei negotiating or litigating posture ofthe public body with 3711(A)(1) strategy of the public body with respect to tourism. - $2.2-3711(A)(3) adversely affected with respect to RSA. - 92.2-3711(A)(6) respect to Nimmo lawsuit. - $2.2-3711(A)(7) Board of Supervisors November 13, 2018 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 with respect to Constitutional WHEREAS, pursuant to $2.2-3711 AX)AIO)AXOIAXO, and (A)(8) oft the Code ofVirginia, NOW,THEREFORE, BEI ITF RESOLVED that the Board of Supervisors ofGreene County Officers. $2.2-3711(A)(8) such discussions may occuri in Closed Meeting. does hereby authorize discussions of the aforestated matters in Closed Meeting. Recorded vote: Michelle Flynn Bill Martin 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 Bill Martin second by Marie Durrer and unanimous roll call vote, the Board returned to open meeting. Recorded vote: Michelle Flynn Bill Martin 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: Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes 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 Upon motion by David Cox, second by Dale Herring and unanimous roll call vote, the Board adopted the agenda with item 8 - recognition removed. Board of Supervisors November 13, 2018 Sheet 3 Recorded vote: Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: CONSENT AGENDA Upon motion by David Cox, second by Bill Martin and unanimous roll call vote, the Board approved the following items on the consent agenda: a. b. C. d. e. f. g. Minutes of October 23, 2018 meeting Set Board meeting date to conduct County Administrator interviews inl December Request approval oft the structure oft the Ruckersville Advisory Committee Approvei resolution for transfer ofi funds from the contingency fund for survey for Request for refund ofreal estate tax for Marion C. Sims based on the veteran's Resolution to authorize the lease purchase agreement in an amount up to $505,971 Resolution to approve the revised Drug and Alcohol Policy for Greene County boundary line adjustment (See Attachment"A") exemption or purchase of vehicles (See Attachment "B") Transit, Inc. (See Attachment "C") Recorded vote: Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: MATTERS FROM THE PUBLIC Mr. James Henshaw said he was neutral on the designation oft roads as scenic byways. He suggested farm implement (tractor) signs bej placed on Route 230and Route 6091 to make motorists aware oft the use of equipment on those roads. Mr. Henshaw also said Greene County does not have Civil War Trails program signs like surrounding localities. He asked thel Board to look at the RE: PUBLIC HEARING - WOOLLEY ENGINEERINGMIKE SKEENS - SPECIAL USE PERMIT FOR TOURISTIODGINGAND CONFERENCE CENTER -6:35 Mr. Frydl, Director of Planning and Zoning, reviewed the request from Woolley Engineering/Mike Skeens for a Special Use Permit for a tourist lodging and conference center on approximately 34.00 acres, zoned A-1, Agriculture, located on Rosebrook Road and identified on County Tax Maps as 35-1-12, 35-1-A, 35-1-B, 35-1-C, 35-1-D, 35-1-E. (SUP#18-002) The parcels currently accommodate a bed and breakfast with events. The applicant is requesting to amend the current Special Use Permit from the existing bed and breakfast to tourist secondary roads in need of repair. Board of Supervisors November 13, 2018 Sheet 4 lodging and conference center. Thep proposed new use willj provide corporate training and facilities for up to 55 people, no more than once a month. The typical training sessions will last no longer than 10 days. Additional structures proposed include three one-story dormitory structures, a one- story multi-purpose building, two new vehicle storage garages and two classroom buildings. Mr. Frydl said up to seven additional residences could be built on the property by right The Zoning Ordinance does not define conference center, sO the plain and natural meaning ofthe words will be applied tot the definition oft thej proposed use. The Merriam-Webster dictionary defines conference center as: ab building or set ofbuildings designed to hold many people and used for meetings. Mr. Frydl read the definition oftourist lodging as listed in the Greene County Zoning Ordinance. Tourist lodging is allowed by right in the A-1 zone. The SUP being requested is required ifthere are more than 5 guest rooms int the primary structure, more than 4 events per year An approved site plan will be required prior to the construction of additional features on the parcels. The Future Land Use Map designates the parcel as rural. The goals for tourism The Planning Commission recommended approval of the request with the following a. To preserve the character of the rural area, the parcels shall be developed in accordance with the site concept plan created by Woolley Engineering dated October 16, 2018. Mr. Jeff Griffin, Project Manager, and Eric Woolley, Civil Engineering Consultant, were present representing the applicant. Mr. Griffin said EdgeSpace is headquartered in Rochester New York, has a regional officei in Alexandria, VA, and owns thej property which is called Dunlin Farm. He briefly outlined the business of the company which includes smart industry, smart cities and smart supply chain. Dunlin Farm will be a corporate retreat, strategic planning, conference and The operation would include 10-11 training sessions per year. The maximum occupancy at any one time would be 55 people. The longest anticipated session would be 13 days. The use oflarge capacity vans and vehicles will reduce the number oft trips. This use will generate far less noise than a wedding facility and will hire locally. The plan is to also develop a "farm to table" They will be good citizens and provide local jobs, share software and programming with Mr. Eric Woolley, Civil Engineer, said they plan to use the current low volume commercial Four areas of concentration will include the creation of ways to buffer the development from passersby, clustering of structures, retaining vegetative buffer on site, and ensuring there is adequate water and sewer capacity on site. The existingresidential wells will bet taken offline and Mr. Bubba Beasley, Hydrogeologist, discussed the annual recharge to groundwater, the inches of rain per year, the watershed area and estimated groundwater withdrawals. Estimated which would be 70 vehicle trips per day (10 per residence). and more than one dwelling or structure used for tourist lodging per parcel. provided in the Comprehensive Plan support this project. conditions: b. Outdoor sound amplification shall not bej permitted. training facility. program where they would grow their own vegetables for use in on-site meals. local schools, donate hardware, and educate students for jobs of the future. entrance and VDOT has concurred. ai new commercial well will bei installed. Board of Supervisors November 13, 2018 Sheet 5 water usage will not be much of a change from the usage by Rosebrook Inn. Mr. Tom Hogge, Dunlin Farm wants to preserve the character of the area. Neighbors were invited to view Lori Gore said shei is looking forward tol having them as neighbors. She expressed concern about the possibility of the well on her property being affected by the development, asked what would be done ift that happened and where she would get water. Ms. Gore spoke from experience as that very situation occurred at her previous home and she was forced to pay for water to be Robert Jospe expressed concern about the size of vehicles that will be used to transport participants. Hei noted the size of thei road and questioned ifit can accommodate large vehicles. Susan Roth lives about ai mile from Rosebrook Inn and thanked the Planning Commission forincluding thel ban ofoutdoor amplified sound. She chose tol live there because ofthe quiet rural atmosphere and is not concerned about Dunlin Farms but is concerned about what may happen in the future as a new owner could have a different use for a tourist lodging and conference center. She also noted the lack of access to high speed internet in this area and felt the applicant could assist the community with getting high speed internet. Ms. Roth also spoke on invasive plants which are one of the gravest threats to our natural environment. She is active with Blue Ridge Prism and would greatly appreciate it if the applicant would join them in this effort. She offered her free services to advise them how to control plants and improve the property. Ms. Roth felt the community would be better served if the facility buys locally from farmers rather than growing local soil scientist, will be working on the project also. raised balloons on the site which demonstrated the scale oft the proposed buildings. The Chair opened the floor for public comment. provided by the town. their own produce. The public hearing was closed. Mr. Herring said the presentation provided more detail than what was presented at the Planning Commission meeting. The applicant actually suggested reducing the outdoor amplification of sound. The wording of possible motion 2A would restrict the applicant to developing the property as submitted on October 16 and development would bet tied tot the concept Mrs. Durrer said it seems like a wonderful plan for that area. Mr. Cox said it is preserving Mrs. Flynn said the proposed use also supports the strategic plan to promote community and economic well-being. She appreciated the additional information provided this evening. Mr. Martin said such a science-based presentation is rare. He was concerned about preserving the historic nature of Rosebrook Inn. He is convinced the applicant has deep pockets and the integrity to maintain the buildings. Access to broadband is a struggle and the Board is doing what they can SO access will be available to every house ini the county. The proposal fits the Upon motion by David Cox, second by Marie Durrer and unanimous roll call vote, the Board approved Special Use Permit application SUP#18-002 for a tourist lodging and conference center as listed in Article 3-1-2.1 and 3-1-2.15 in the Greene County Zoning Ordinance on plan. the nature oft the area and fits with the Comprehensive Plan. Comprehensive Plan exceedingly well and provides local jobs. approximately 34.00 acres with the following conditions: Board of Supervisors November 13, 2018 Sheet 6 a. To preserve the character of the rural area, the parcels shall be developed in accordance with the site concept plan created by Woolley Engineering dated October 16, 2018. b. Outdoor sound amplification shall not bej permitted. Recorded vote: Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: PUBLIC HEARING - CHUCK'S AUTO CARE - REZONE FROMB-2TOB-3 Mr. Frydl reviewed the request from Chuck's Auto Care to rezone approximately 1.06 acres from B-2, Business, to B-3, Business, located on Seminole Trail and identified on County Tax Maps as 66A-4-1 and 66A-4-2. (RZ#18-002) The applicant would like to move his vehicle The parcel currently utilizes public water and private sewer. During the site plan review, the Health Department will require an existing sewer system review to be completed by an engineer and the County will complete a water demand analysis to ensure adequate EDUS are possessed. The current access from Lake Saponi Drive does noti meet VDOT'saccess: management standards but VDOT has indicated they are in support of an exception for the entrance. The proposed rezone isi in concert with the Future Land Use Map and the goals ofthen mixed-use village The Planning Commission recommended approval of rezoning application RZ#18-002 to Mr. Paul Blocksom, applicant and owner of Chuck's Auto Care, spoke briefly on his Mr. Herring felti it was appropriate to approve thei rezonei request. Mr. Martin agreed saying this is a reputable business. The request is in concert with the Comprehensive Plan and fits with thel Future Land Use Map and the goals oft the mixed used center place type. Mrs. Durrer and Mr. Cox also supported the request. Mrs. Flynn agreed, saying she liked keeping the business in Greene and it makes sense for that parcel to be zoned B-3 like surrounding parcels. Upon motion by Dale Herring, second by David Cox and unanimous roll call vote, the Board approved rezoning RZ#18-002 to rezone tax map parcel 66A-4-1 & 2 from a B-2 zoning repair garage, al by-right use in the B-3 zoning district, to this property. center place type. rezone tax mapi parcel 66A-4-1 and 2 from a B-2 to a B-3 zoning designation. request to rezone the property and relocate his vehicle repair garage to the site. The public hearing was opened and closed with no public comments. designation to a B-3 zoning designation. Recorded vote: Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. Board of Supervisors November 13, 2018 Sheet 7 RE: 2019LEGISLATIVE PROGRAM Mr. David Blount, Legislative Liaison, reviewed the proposed 2019 TJPDC Legislative Program noting broadband has been elevated to the top priority status, followed by state budget and public education funding. Other priority items include local revenue authority with the addition of a position supporting the localities continuing to receive the 1 cent local sales tax on internet sales. Impact fees and proffers are also aj priority. Included under general government is anew statement regarding the misassigned voter issue and support for local solutions to address Mr. Martin said he was impressed that the program follows SO closely with VACO Mr. Herring said Mr. Blount and TJPDC always does a great job with the legislative program and thanked him for his hard work. Mrs. Durrer agreed as did Mr. Cox, who also Upon motion by Dale Herring, second by Bill Martin, and unanimous roll call vote, the discrepancies regarding voting district boundary lines. legislative priorities and what the Governor said recently at the VACo Conference. appreciated Mr. Blount's emails during the General Assembly session. Board approved the 2019 Legislative Program as presented. Recorded vote: Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: SCENIC BYWAYS Mr. Alan Yost, Director of Economic Development and' Tourism, said the ultimate goal of the scenic byway designation is to help small businesses in Stanardsville through an increase in traffic, which will be such a small percentage of traffic on Route 810 and Route 230 it should be unnoticeable! byl local residents. This does not place restrictions on land use or signage andi is done Ini response to a question from Mrs. Flynn about the review process, Mr. Yost said review may be more complaint driven than on a scheduled basis. The County will not have to reimburse Mrs. Durrer said she read it might limit the placement of outdoor advertising signs. Mr. Yost said the County Ordinance already restricts off-site signage. Mrs. Durrer questioned the possible increase ini traffic and bicycles on the road. Mr. Yost said scenic byways are particularly marketed towards vehicle traffic. Iti is not tol bei marketed to thel bicycling community. Mrs. Durrer said she is bothered by bicycles on the road and the increase in traffic created by a scenic byway Mr. Yost said this is a great opportunity to drive people to Stanardsville and he supports it Mr. Cox said there is currently off-site signage for a business on Route 810. Mr. Yost said that sign is actually in Albemarle County and it would be up to their zoning office to enforce at no cost to the county. VDOT takes care of the whole process. VDOT for any expenses ini the event ofde-designation ofthe road. designation. as he does the small businesses in Stanardsville. Board of Supervisors November 13, 2018 Sheet 8 regulations. Real estate signs would be exempt. Mr. Yost reiterated that our Zoning Ordinance Mr. Cox said he was concerned that al large group ofbicycles spread out over miles would present a safety issue. Will this designation promote more use oft the road by! bicycles? Mr. Yost said it will not as thel bicycling community does not search out scenic byway designation as routes Mr. Herring saidi hei is al bicyclist. Thel Board can: request aj public hearing ont the designation of a road and the process can be stopped at any point with no repercussions. Mr. Herring questioned restrictions associated with the scenic byway designation. Mr. Yost said there would be no further restrictions on setback easements other than what is already in place. Mr. Martin felt citizens deserve a chance to speak for or against the designation at a public hearing. There are bicyclists on the road even without the designation. Albemarle and Madison Counties have not yet approved requesting a scenic byway designation. The Board asked Mr. Yost to provide additional information on any restrictions imposed by this designation, the ability to decline to participate at any point during the process, impact on Mr. Martin said, when the Board was considering aj potential cell tower on Snow Mountain, they were told by representative ofVirginia Byways what could and could not be done on the road and a cell tower was prohibited on a scenic byway at that time. Regulations may have changed since then. Mr. Yost said he brought up that exact situation at a meeting and was told there are a number of cell towers being put up on scenic byways. A little segment ofroad will not cause the Upon motion by Dale Herring, second by David Cox, and unanimous roll call vote, the does not allow off-site signs. tor ride. traffic, and the public hearing process. de-designation of a 30-mile stretch. Board tabled this issue to their December 11 meeting. Recorded vote: Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. Mrs. Flynn thought Mr. Henshaw's earlier comments about the civil war trails program was interesting and she would like to know more about that program. RE: RESOLUTION - APPROVAL OF EXTENDED TRANSIT DEVELOPMENT PLAN Ms. Kelly Forloines, Assistant to the Transit Manager, was present. Ms. Garton said the VA Department of] Rail and Public Transportation paid for and subcontracted this plan for Transit groups in Virginia. This is presented tonight for initial review and will be on the December 11 Mr. Martin said there was a lot of good information in the document. Board members FORI FY19-FY28 agenda for Board action. should direct any questions to Ms. Garton. Board of Supervisors November 13, 2018 Sheet 9 Ms. Forloines said the initial 6-year plan was approved in 2011 and the term has been extended to 10 years. The Plan includes possibilities for the program but not necessarily RE: RESOLUTION TO APPROVE EXTENSION OF INTERIM COUNTY Ms. Garton said this item is presented for initial review and will be an action item at the December 11 meeting. An extension of the Interim County Administrator's employment agreement would ensure the County has someone in the position regardless oft the outcome ofthe interviews on December 18. Her continuation is contingent upon review by VRS. RE: RESOLUTION TO SELECT FINANCING OPTION FOR THE GREENE COUNTY Mrs. Tracy Morris, Finance Director, said this item is being presented for initial review and will be on December 11 agenda for action by the Board. The amount has increased to $2.1 million and will cover the water treatment plant design, the upstream Rapidan River: improvement design, the geotechnical services, property appraisals, permit assistance, easements and cost of issuance. Davenport, financial consultants, has recommended reaching out to existing financial institutions to: negotiate ai rate: for additional costs or to submit an additional, brand-new RFP. Staff would like to move forward with Davenport issuing ai new RFP, with interest payments due. July, 2019 and January, 2020. This would not impact the current fiscal year budget. This amount can be combined with other refinancing ($9.3 million) in March, 2020 for permanent financing. Mr. Martin said all the services covered by this financing are things the County needs to do anyway, not additional costs. This loan is bridge to get us to permanent financing. Ms. Garton noted the interest rates will only be good for thirty days. The Board needs to It was the consensus of the Board to move forward with Davenport issuing an RFP for requirements. ADMINISTRATORS EMPLOYMENT AGREEMENT WATER SUPPLY AND TREATMENT PROJECT provide direction. financing. RE: COUNTY ADMINISTRATORSEARCIE UPDATE Ms. Garton said the County. Administrator position was posted with al November 5 deadline for first review of applications. Interested persons can still submit applications. The Board met with representatives ofThe Berkley Group in closed meeting earlier this evening. The ad will be reposted as open until filled. The Board will meet with' The Berkley Group representatives again on November 27 in closed meeting to select candidates for interview. RE: STANARDSVILLE DISTRICTTOWN HALL MEETING Mr. Herring said he and Mr. Martin will be holding a Stanardsville District Town Hall Meeting on' Thursday, November 29, 2018 at 6:00 p.m. int the county meeting room. Several staff members willl be present as well. A goal in the Board'sstrategic; plani ist tol hold at townl hall meeting in each district in the county. Mr. Herring will be attending four meetings as the At-large Supervisor. Board of Supervisors November 13, 2018 Sheet 10 Mr. Martin said a very brief presentation on what is going on in the Stanardsville District will be included. (i.e. flooding on South River and Conway River, broadband, water project, etc.) This is not intended to replace the regular board meetings but rather to provide an informal atmosphere for citizens tol hear ai thumbnail sketch ofwhere we are on certain things and allow for a question and answer session. Everyone is welcome. Mayor Gary Lowe, a representative of Mr. Herring said the meeting will not be live streamed as that would not be a possibility STAR, and Dr. Whitmarsh, School Superintendent, will attend as well. for other meetings held at different sites in the districts. RE: LIAISON REPORTS. Mrs. Durrer attended a meeting oft the Central Virginia Regional Jail Board last Thursday and the Jail has about the same number of inmates with a few more federal inmates. Budget Mr. Martin said the school construction project is only four days behind schedule in spite Mr. Herring said the audit of the Thomas Jefferson Planning District Commission came back good. Mr. Jay Willer, Planning Commission member, will be representing Greene County on the Regional Housing Partnership Board. There is a Planning Commission meeting tomorrow night which is a change because of the holiday next week. He attended a broadband summit in Roanoke. There is al lot oftalk about private and public partnerships. Mr. Herring has reached out to Orange and Albemarle Counties to work with them on broadband projects. Governor Northam also spoke on broadband at the recent VACo conference. Greene County is not served as it needs to bei ini regards to internet speed. The State is strongly encouraging localities tol have al broadband plan. A decision has not yet been made as to the formation ofal broadband authority ini the county. Ms. Flynn said Ms. Bonnie Lofton has been appointed Chair of the Ruckersville Advisory information will not be provided until January. ofall the rain wel have been having. Committee. RE: COUNTY ADMINISTRATOR UPDATE Ms. Garton said the specific wording ini initiative three oft the Board's strategic plan under the promote community engagement action item is: "to encourage greater citizen involvement in A firm has been hired to conduct the survey necessary to make the boundary line adjustment between Orange and Greene Counties. The work will likely take a couple of months. There are vacancies in Buildings and Grounds Maintenance and at the Vehicle Ms. Garton said she spoke with School Superintendent Andrea Whitmarsh, who reported that she cannot accept the transition of the After-School Daycare Program until she has hired a Director for this program. The hire has not been made SO the transition will likely happen in January. The previously approved resolution will need to be modified depending on when the county government by holding open town halls throughout the county...". Both localities will have to hold public hearings. Maintenance Facility. Both positions have been advertised. transition occurs. Board of Supervisors November 13, 2018 Sheet 11 Ms. Garton attended a meeting of the Blue Ridge Juvenile Detention Center, of which Greene County is a member, and learned that the county will receive $15,150 back for the prior Mr. Martin, Mr. Cox, Mr. Herring and Ms. Garton attended the recent VACo Conference. Ms. Garton will share handouts with Board members that she received from different sessions as well as those she received as a member of the VACo Finance Steering Committee. The Greene County Water Supply and Treatment Project is moving along. Rapidan Service Authority held a public hearing on October 25 regarding the Board's request that RSA change the basis for billing the Facility Fee for water customers to an EDU basis and approve an The roof replacement at the Sheriff's, Extension and Social Services Offices has been completed. Work continues on the isolation room at the Animal Shelter to bring the facility into compliance with state regulations. Custom fitted enclosures have been ordered and should be delivered in November. The deadline for completion ofthat work is the end ofDecember. Thel Board will convene and then goi into closed meeting onl November 27. Thereisi nothing Greene County Transit has participated in several promotional activities, including taking parti int the statewideinitiative called "Try Transit" sponsored by the Department ofRail and Public Transportation. One participant in the county won a 30-day pass for rides and another won one A records retention training session is scheduled for county employees. This training is Ms. Garton said staff1 has worked on three FOIA requests and two have been fulfilled. The Staffi is working with School Superintendent Andrea Whitmarsh and school transportation staff to determine ways to improve service for school vehicles at the county vehicle maintenance Ms. Garton met with the Ms. Tracy Morris, Finance Director and Board Members Martin and Herring to discuss what kinds of financial information the Board would like. Mrs. Morris is working on a quarterly financial report and plans to make a presentation at the December 11 fiscal year as the result of end-of-year reconciliation. increase in the Facility Fee to $30 effective. July1,2 2019. else on the agenda and the Board will not be taking any action. free round trip. Transit also completed several safetyi initiatives recently. mandatory for all departments who report to the County Administrator. third request requires the IT consultant to search for emails. facility. meeting. RE: OTHER ITEMS FROM THE BOARD Mr. Herring said he attended a session at the VACo Conference about how to talk to your Mr. Cox expressed his appreciation to citizens for letting Board members attend and Mrs. Flynn thanked staff for getting the roofreplaced at the Sheriff's and Social Services Offices. Also, thanks to anyone who was involved in the Veteran's Day ceremony at the legislators and learned it is very important toj promptly respond to emails. represent Greene County at the VACo conference. courthouse this past weekend. Board of Supervisors November 13,2018 Sheet 12 RE: ADJOURN MEETING The meeting was adjourned at 10:12 p.m. The next scheduled meeting of the Board of Supervisors will be on' Tuesday, November 27, 2018 at 6:30 p.m. with only closed meeting on the agenda. dll Jipn Michelle Flynn, Chair Greene County Board of Supervisors hlh Brenda Garton, Clerk Greene County Board of Supervisors Board of Supervisors November 13, 2018 Attachment "A" RESOLUTION APPROVING TRANSFER OF $14,000 FROM' THE CONTINGENCY FUND' TOI PROFESSIONAL SERVICES IN' THE BOARD OF SUPERVISORS DEPARTMENT FOR SURVEY WORK: RELATED TO. ADJUSTMENT OFTHE BOUNDARY LINE BETWEEN GREENE AND ORANGE COUNTIES WHEREAS, the Board of Supervisors of Greene and Orange Counties desire to consider a boundary line adjustment between the two counties such that specific properties are entirely WHEREAS, the County Attorney has advised that a survey of the current and proposed lines is WHEREAS, the County Administrator has entered: into a contract forsurvey work at an estimated WHEREAS, although the appropriate place for this expenditure in the county's budget is in the Board of Supervisors Departmental budget, there arei insufficient funds inj professional services in NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Greene County, Virginia, that $14,000 be transferred from the Contingency Fund 4-100-091400-9200) to Professional Services: in thel BoardofSupervisors Department( (4-100-011010-3160) int the General ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON NOVEMBER contained within Greene County; and required as an initial step in the required process; and total cost of $12,000 to $14,000; and that department to cover the cost of these professional services; Fund. 13, 2018. Motion: Second: Recorded Vote: David L. Cox Marie C. Durrer Michelle Flynn Dale. R. Herring Bill Martin David Cox Bill Martin Yes Yes Yes Yes Yes nielale Spw Michelle Flynn, Chair Greene County Board of Supervisors ATTEST: Brenda G. Garton, Clerk Greene County Board of Supervisors Board of Supervisors November 13, 2018 Attachment "B" November 13,2018 County of Greene, Virginia Equipment Lease Purchase (County Vehicles & School Buses) RESOLUTION SERIES! 2018 AUTHORIZING Al LEASE PURCHASE AGREEMENT, WHEREAS, the County of Greene, Virginia (the "County") proposes to enter into an exempt lease purchase financing in order to pay capital costs to (a) acquire and equip certain vehicles for essential governmental use and purposes in the County, including one police utility vehicle, one Ford Explorer, onel Ford Van, one Chevrolet Tahoe, one Ford' Truck, two 77 passenger International School Buses, and two 65 passenger International School Buses, and (b)p payi issuance costsin connection with such undertaking (collectively, the* "Project"), as further described herein; and WHEREAS,Pioner Bank, as Lessor has offered to assist the County with the tax-exempt lease purchase financing of the Project and to enter into a lease purchase agreement, with appropriate equipment schedules (the "Lease") between Pioneer Bank, as Lessor thereunder, and the County, as Lessee thereunder, together with other documents in connection therewith; and WHEREAS, pursuant to the Lease and the transactions contemplated thereunder, thel Ford Truck and School Buses being lease purchased by the County shall be titled in the name of the School Board of Greene County, Virginia (the "School Board") and shall be used for the benefit ofthe Greene County Public Schools; and WHEREAS, pursuant to the terms of the Lease, Pioneer Bank will pay the costs of the Project (to be owned by the County and the School Board, respectively, as described above), and Pioneer Bank, as Lessor, willl lease the Project to the County, as Lessee thereof; and WHEREAS, the County reasonably expects the Project to continue to be essential to the functions of the County and the Greene County Public Schools, respectively, for a period that is not less than the term of the Lease; and WHEREAS, the necessary steps under the Virginia Public Procurement Act, Chapter 43, Title 2.2 of the Code of Virginia, 1950, as amended, have been (or will be) taken in connection with the acquisition and equipping oft the property that is the subject oft the Project; and WHEREAS, all amounts payable under the Lease are subject to sufficient appropriations therefor from the Board of Supervisors of the County, upon due request of the County Administrator or other officer of the County charged with the responsibility of preparing the County's budget for each fiscal year, and the County is under no obligation to make any appropriation with respect to the Lease; and 1- WHEREAS, the Lease shall not constitute a general obligation oft the County, or a pledge oft the full faith and credit of the County, or a charge against the general credit or taxing power of the County, and any amounts payable under the Lease shall not constitute a debt of the County within the meaning ofa any constitutional or statutory limitation; and WHEREAS, at the request ofl Pioneer Bank, as Lessor under the Lease, the County desires to designate the principal amount of the Lease as a "qualified tax-exempt obligation" under the provisions of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Tax Code"). NOW,THEREFORE, BEITRESOLVED: BYTHE BOABDOFSUPEVSORSO: THE COUNTY OF GREENE, VIRGINIA: 1. Essential Governmental Purpose of Proiect. The Board hereby finds and determines that the Project and the terms and conditions of the Lease, including the payment of rental payments to Pioneer Bank, as Lessor, are in the best interests of the County for the acquisition and equipping oft the Project, including the lease purchase financing ofthel Project, and arei in furtherance of essential governmental purposes. In addition, as to the portion of the Project that constitutes the Ford Truck and School Buses, the County further finds and determines that such lease purchase financing arrangements shall provide the most cost-effective means for the County to acquire and provide such personal property, as set forth in the County's2018-20191 FY Capital Budget, for the benefit of, and use by, the School Board and the Greene County Public Schools. To such end, the County hereby directs that the ford Truck and the School Buses shall be titled in the name of the School Board in connection with its ownership, general operation, and maintenance of school buses for the benefit of the Greene County Public Schools. 2. Approval of) Lease: Designation of Lease and Details. The substantially final terms and provisions of the Lease as described at this meeting and as set forth in Pioneer Bank's lease purchase financing proposal dated November 1, 2018 and attached hereto, and as may be amended from time to time, arel hereby accepted and approved, including the payment ofall or any portion of the issuance costs and other costs relating to the Lease, filing fees (ifany), escrow fees (if any), and any other amounts required under the Lease, either from original proceeds of the Lease, or from County funds, all in the discretion ofthe County Finance Director. As required by Lessor, the County and/or School Board, respectively, shall be responsible for all costs of operation, maintenance, insurance, and taxes with respect to the Lease. Further upon commencement ofthe Lease and Pioneer Bank's payment ofcosts of the Project, security liensi in favor of Pioneer Bank may be filed with respect to such personal property that comprises the Project, all in accordance with the requirements and procedures of the Virginia Department of Motor Vehicles. Thel Lease shall be dated the date ofissuance and delivery thereof, and shall be fully registered. The County Finance Director is hereby appointed as Registrar of the Lease, as required under Section 149 oft the Tax Code. -2- The Board hereby elects a fully amortized lease term ofapproximately three years, ifn not sooner paid, with rental payments being made annually during the term ofthe Lease totaling up to a maximum aggregate principal amount of $508,000, and being computed at a fixed rate of interest of2.76% per annum. In the event closing is delayed andi interest rates change, the Board approves a fixed rate of interest up to a maximum 3.50% per annum. The Board hereby acknowledges and affirms that the interest component of the rental to be paid to Lessor may be subjectt to upward adjustment during thet term oftheLease! int the event the federal corporate income tax rate is reduced (or the benefit of the interest income exclusion capped) to account for the reduced value of the exclusion by Lessor oft the interest component of rental paid by the Board. the Lease, as required by Pioneer Bank, is hereby approved as described at this meeting. The execution, delivery, and performance of the Lease and other legal documentation required by Pioneer Bank or legal counsel therewith are hereby authorized. The Chair and Vice Chair oft the Board, the County Administrator, and thel Deputy County. Administrator/PFinance Director, any one or more ofwhom may act (collectively, the "County Representative"), are each hereby appointed as Authorized Representatives under the Lease, and, further, are each authorized and directed to execute, acknowledge, and deliver the Lease Documents and other documentation as may be advised by legal counsel, together with any changes, insertions and omissions therein as may be approved by any one or more ofs such individuals who shall execute the Lease Documents, such 3. Execution. Delivery and Performance ofLease, Other Documents. The form of approval to be conclusively evidenced by such execution and delivery thereof. The Clerk or any Deputy Clerk ofthe Board shall be authorized to affix or to cause tol be affixed the County seal to the Lease, ifrequired, and to attest such seal. Each officer or agent of the County is further authorized and directed to execute and deliver on behalf of the County such additional instruments, documents, or certificates, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized herein or contemplated by the Lease, including, but not limited to such instruments and performance of acts as may bei required in order for the Lease to qualify as al bank-qualified, tax-exempt lease purchase financing arrangement pursuant to the provisions of the Tax Code and Treasury Regulations thereunder and the laws of the Commonwealth of Virginia. All of the foregoing acts previously performed by such officers or agents of the County are in all respects approved, ratified, and confirmed. 4. Tax Compliance Matters. The County hereby represents and covenants that the Project, and all proceeds thereof, shall be used for the essential governmental purposes of the County and School Board. To the extent that the principal amount ofthe Lease, together with any proceeds thereof (including but not limited to investment earnings thereon, if any), shall exceed the actual cost oft the Project, itistol be understood that the Countyhereby: authorizes that any such additional amounts available under the Lease, ifany, shall be expended by the County for capital projects for essential governmental purposes, or as otherwise may be required under the Tax Code, including the optional prepayment ofap portion oft the outstanding principal amount oft the Lease to the extent required by law. Provided, however, it isr reasonably anticipated that all principal proceeds under the Lease, together with anyi interest earnings thereon, shall be expended toj pay the costs oft the Project -3- on the closing date or otherwise within six (6) months after the closing date thereofin accordance with the Six-Month Spending Exception to rebate of arbitrage (as provided under Section 148 of the Tax Code, including Treasury Regulations thereunder), in order for the County and Lessor to accomplish the various lease transactions contemplated thereunder. The County shall comply with the provisions of the Tax Code including the provisions of Section 148 oft the Tax Code and applicable regulations relating to "arbitragel bonds" within the meaning oft the Tax Code. The County further covenants that (i) the proceeds from the issuance and delivery oft the Lease (including investment earnings thereon, ifany), all as described under the Tax Code, will be expended as set forth in the Lease Documents, (ii) the County shall comply with the covenants and representations contained int the Lease and otherwise contemplated thereunder, and further, the provisions of the Post-Issuance Compliance Policy for Tax-Exempt Obligations (adopted' by the Board on December 13,2011), and (ini) the County shall comply with the provisions ofthe Tax Code sO1 that the interest component ofther rental being paid byt the County tol Lessor will remain excludible from gross income for Federal income tax purposes. 5. Designation ofLease as Bank-Qualified". At the request of] Pioneer Bank, the County hereby designates the Lease as a' "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Tax Code. The County affirms its reasonable expectation as to compliance with the various $10,000,000 limitations therein, including the covenant that the County reasonably anticipates that no more than aggregate 51000,00ofmx-csempt obligations shall bei issued by the County, including any' "subordinate" entities oft the County or "on behalf of" entities thereof (within the meaning of the Tax Code) during the current Calendar Year 2018 in accordance with the "bank qualification". requirements of Section 265(b)(3) of the Tax Code. 6. Financial Statements: Record-Keeping! Duties. During thet term ofthel Lease, the County shall provide to Lessor updated financial statements in order for Lessor tol be ini receipt of audited financial information as well as copies of such other financial information relating to the Lease and transactions contemplated thereunder, all as may be reasonably requested by Lessor. connection with the Lease, including documentation to evidence the use and investment of proceeds thereof, in a manner that shall ensure their complete access to the Internal Revenue Service, until the third anniversary of the later of the final maturity of the Lease or any other The County further agrees to maintain and/or retain the records and documents in applicable provision of the Tax Code or any Treasury Regulations thereunder. 7. Nature of Obligation. Itis to be understood that the Lease represents a rental arrangement between the County and Pioneer Bank. Nothing in this Resolution or the Lease shall constitute a debt ofthe County or School Board, and the Board: shall not be obligated to make any payments under this Resolution or thel Lease except from monies appropriated therefor, from time tot time, in the discretion of the Board, 8. Effective Date. This Resolution shall be effective upon its adoption. 4- DATED: November 13,2018 BOARD OF SUPERVISORS OF THE COUNTY OF GREENE, VIRGINIA By:. Chair Attachment: Pioneer Bank Proposal 5- CERTIFICATE OF VOTES The undersigned hereby certifies that the foregoing constitutes a true and correct copy of the foregoing Resolution duly adopted by the Board of Supervisors of Greene County, Virginia, upon a roll-call vote at a regular meeting duly held and called on the date hereof, and that the recorded roll-call vote of the Board of Supervisors is as follows: NAME AYE NAY ABSTAIN ABSENT A. Michelle Flynn, Chair Ruckersville District Bill Martin, Vice Chair Stanardsville District Dale R. Herring AtLarge Marie C. Durrier Midway District David L. Cox Monroe District Dated: November 13,2018 COUNTY OF GREENE, VIRGINIA [SEAL] Clerk/ Deputy Clerk oft the Board of Supervisors Exhibit. A From: Lori Hassett malto:hassett@pioneerbks.com) Sent: Thursday, November 01, 2018 5:201 PM Subject: RE: County of Greene Vehicle Quote To: Tracy Morris Good Evening Tracy! As discussed earlier today, Pioneer. Bank is pleased o! provide a proposed interest rate on the vehicle Ina accordance with the issuance of bank qualified tax exempt obligations, we could offer) you a base interest rate of2.76% on the vehicle fnancing loan at this time. ltis our understanding that financing would bej for a term of3) years, with annual principal and interest payments to begin in. Julyof2019, as requested. This tax exempt municipal rate offer will be valid through. December 15, 2018. This loan and interest rate offer would be subject 10 verification ofthe bank qualified conditions, adequate collateral values, and as salisfactoryreview. of the most recent financial. statements for the Countyof Iti is also our understanding that the Counly may be looking al some additional financing or a larger bond issuance in the nearj future. We would be happy to quote a specific Bank Qualified tax exempt rate for that once the dollar amount and specific information on the funding package is determined. Again, we welcome the opportunity work with the County and service their financing needs going forward. Please feel free to1 reach out to us should you have any other questions. financing that the CountyofGreene is currentlye exploring. Greene. Thanks! Lori G. Hassett, CPA, CGMA, MBA Senior Vice President/Chief Finanical Officer Corporate Treasurer Pioneer Bank. -youR- Path P.0. Box 10, 252 East Main Street Stanley, VA: 22851 PH: 540-778-2294 x6302 FX: 540-778-4009 Yourl Locally Owned, Independent, Community Bank! Proudly, Serving our Customers. Since 1909! This electronic message may contain confidential or privileged information andi is intended: solely fort the individual orentity named above. lfyou are not the intended recipient be aware than any disclosure, copying, distribution or use oft the contents oft this information is prohibited. Ify you have receivedi this electronic transmission. ine error, please notify the senderi immediately by using the emaild address or by telephone listed above. From: Sent: To: Cc: Subject: Tracy, Lori Hassett nasetteponeDkscom, Tuesday, November 06, 2018: 10:41 AM RE: County of Greene Vehicle Quote Tracy Morris Daniel Lauro We are very pleased to hear that Pioneer is in the rumning for the Greene County vehicle funding. We wouldappreciate As discussed by phone, we are aware that this will be al lease purchase obligation and is subject to annual appropriations. Our bank's CEOis aformer attorney andi is familiar with lease purchase arrangements. Ihave listed below our best estimates of any associated fees that may be applicable to this financing: the opportunity to serve the County with this or other banking services goingforward. Application. Fee- N/A Origination. Fee- Normally up to 19ofloan amount, Will be waived-N/A Title/Lien. Fees- $225.00 (estimate) Document/Legal Review- $1000-$1,500 (estimate) State Recording, ifapplicable- $250.00 Please know that should there be any other fees that arise relating to this financing, we would be willing to work withy you on the cost. llookforward to hearing back from you soon. Thanks, Lori G. Hassett, CPA, CGMA, MBA Senior Vice President Corporate Treasurer, Chlefl Financial Officer P.O. Bax 10, 252 East Main Street Stanley, VA: 22851 PH: 540-778-2294 x6302 FX: 540-778-4009 Your Locally Owned, Independent, Community Bank! Proudly. Serving our Customers, Since 19091 fe0 Board of Supervisors November 13, 2018 Attachment "C" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, APPROVINGTHE REVISED DRUG AND ALCOHOL POLICY FOR GREENE COUNTY TRANSIT, INC. WHEREAS, the Greene County Board of Supervisors approved a drug and alcohol policy WHEREAS, the Greene County Transit, Inc. wishes to amend the current policy and program to comply with Federal Transit Administration Drug and Alcohol regulations 49 CFR for Greene County Transit, Inc. in 1995; and Part 655, as amended, and 49 CFR Part 40, as amended; and WHEREAS, the Greene County Transit, Inc. Drug and Alcohol Policy has been revised to comply with the above referenced sections of the Federal Transit Administration (FTA) Drug and Alcohol regulations; NOW, THEREFORE, BE IT RESOLVED, that the Greene County Board of Supervisors does hereby approve thei revised Greene County Transit, Inc. Drug and Alcohol Policy ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON NOVEMBER as presented effective November 1,2 2018. 13, 2018. Motion: Second: Votes: Flynn: Martin: Cox: Durrer: Herring: Yes_ Yes Yes Yes Yes ATTEST: Ounlupwn huk Michelle Flynn, Char Greene County Board of Supervisors Brenda G. Garton, Clerk Greene County Board of Supervisors KLL