Board of Supervisors June 12, 2018 Sheet 1  June 12, 2018  County of Greene, Virginia  THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, JUNE 12, 2018  BEGINNING AT 6:30 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:  John C. Barkley, County Administrator Ray Clarke, County Attorney Patti Vogt, Deputy Clerk  RE: EXECUTIVE SESSION  Upon motion by Bill Martin and unanimous vote, the Board entered into Executive Session to discuss legal and personnel matters pursuant to Section 2.2-3711 Subsection (a, 1-7) of the Code of  Virginia.  Virginia Code Reference  2.2-3711 A.1: Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation  of specific public officers, appointees, or employees of any public body.  Recorded vote:  Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring  Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes  Motion carried. Recorded vote:  Upon motion by David Cox and unanimous vote, thel Board returned to Open Session.  Motion carried.    Board of Supervisors June 12, 2018 Sheet 2  By unanimous 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  Executive Session were discussed. Recorded vote:  Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring  Yes Yes Yes Yes Yes  Motion carried.  RE: APPOINTMENT- RAPIDAN SERVICE. AUTHORITY Rapidan Service Authority for a four-year term to expire. June 24, 2022.  Upon motion by David Cox and unanimous vote, the Board reappointed Mr. Jim Frydl to the  Recorded vote:  Michelle Flynn Bill Martin David Cox Mariel Durrer Dale Herring  Yes Yes Yes Yes Yes  Motion carried.  RE: APPOINTMENT-, BFPERSON-MADISON REGIONAL LIBRARY BOARD Upon motion by David Cox and unanimous vote, the Board appointed Mr. James West to the. Jefferson-Madison Regional Library Board for a four-year term to expire June 30, 3022.  Recorded vote:  Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring  Yes Yes Yes Yes Yes  Motion carried. RE: PUBLIC MEETING  The Chair opened the meeting with the Pledge of Allegiance followed by a moment of  silence.  RE: CONSENT AGENDA on the consent agenda:  Upon motion by David Cox and unanimous vote, the Board approved the following items  a. Minutes of May 22, 2018 meeting.  b. Resolution ofi intent to amend Subdivision Ordinance. (See Attachment "A")  Resolution to appoint County Attorney and Assistant County Attorney. (See Attachment d. Affirm resolution for the declaration of a local emergency on May 31, 2018. (See  "B")  Attachment "C")    Board of Supervisors June 12, 2018 Sheet 3  Recorded vote:  Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring  Yes Yes Yes Yes Yes  Motion carried. RE: RECOGNITIONS  Mrs. Flynn commented on the outstanding, job by first responders, Emergency Operations Mrs. Flynn recognized Mr. Bill Henry and Mr. Gary Lowe who represent the County on Mr. Henry briefly spoke on the background of the Blue Ridge Committee. Mr. Martin noted June 161 is park neighbor day and admission is free.  Center, county staff, citizens, and VDOT staff during the recent flooding event. the Blue Ridge Committee for Shenandoah National Park Relations.  RE: MATTERS FROM THE PUBLIC  Mrs. Tammy Durrer asked the Board to consider changing the date of their meeting ifit falls on an election day. Also asked the Board to consider having town hall meeting. She felt it would be beneficial to do away with barriers and sit down to an actual conversation. She also encouraged the Board to continue to "dig around" the landfill issue and would like a follow-up at thei next meeting. Are we still allowing other counties to dump at landfill and arei not being charged RE: PUBLIC HEARING-) REVISE ZONING ORDINANCE - TOURISTI LODGING Mrs. Stephanie Golon, Planner, said the Board of Supervisors adopted the Resolution of Intent to Amend Zoning Ordinance on January 18, 2018 to analyze a proposed amendment regarding tourist lodging as permitted in the R-1 zoning district and update all applicable Tourist lodging is currently allowed in the. A-1 and C-1 zoning districts. The County has issued 18 zoning permits for the by-right tourist lodging in the A-1 and C-1 zoning districts. The proposed tourist lodging use is a single-family dwelling that will be rented on a short- term scale. Those individuals who request tourist lodging under the proposed special use permit language will be reviewed by each agency upon submission of the land use application. The governing body is permitted toi impose conditions to address specific impacts that are a result ofa special use permit. Those applications could be reviewed and recommended on an individual This meets the goals ini the Comprehensive Plan. Also, would allow supplemental income for homeowners, is often less expensive than commercial options, increased revenue for the County and business owners, and impact is no more than that ofasingle-amilydweling: Aheavy point of conversation when reviewed for A-1 and C-1 was the perceived sense of place for  additional fee?  references of the Ordinance to reflect the revision.  basis.  neighborhoods.    Board of Supervisors June 12, 2018 Sheet 4  The Planning Commission recommended approval of ordinance revision OR#18-001 as stated in the draft language of Article 16-25-3 which provides regulations to read that Tourist Mr. Martin asked why the Planning Commission chose to go the special use permit route as opposed to by-right. Mrs. Golon said thej perception ofas sense of place in a neighborhood was  Lodging is only permitted by special use permit in the R-1 zoning district. aconcern. A special use permit would allow review ofeach individual request.  Opened floor for public comments.  Lyle Durrer - Opposed to tourist lodging in R-1 zone. Vast majority of subdivisions in Greene are zoned A1. Reasons people purchase in a subdivision include feeling safe in a neighborhood, know their neighbors, children can playi in yards, etc. Ifthis is approved, you won't know who is next door. Noted covenants for subdivision may not allow but now County is saying itisallowed. This will create expense to homeowners tol hire attorney for civil matter. Also, septic systems are designed for number of bedrooms in house. We have water issue. Will place more strain on roads and more burden on homeowners in subdivision. Consider rescinding allowing in A-1 zone or require special use permit only ifa allowed by covenants of particular subdivision. Ginny Dean Tourist lodging is already in her neighborhood and traffic is horrific. Also concerned about safety. This will increase safety issues when the County did not have funds for Sheriff's Officei this year. Especially when youl livel by: yourselfand you don'tknow who iss staying  next to you. Take this into consideration. Closed public hearing.  Mrs. Flynn asked ifthere was an: idea ofwhat volume would occurifthis is approved. Mrs. Golon said they have had two requests since 2015. Some citizens are taking advantage of this Mr. Herring said requiring a special use permit allows people the opportunity to speak at public hearing. Each request is looked at on individual basis. He and Mrs. Flynn would not agree Mrs. Golon reviewed procedure for special use permit which includes advertising Mr. Cox asked how many complaints have been received about this going on in the R-1 zone. Mrs. Golon said they have received one complaint oft this in the R-1 zone. Mrs. Durrer said shel knows oftwo who have complained. Complaints havet tol bei filedi in order for Planning Office  option.  toa allow this as a use by-right.  requirements, notification of adjoining property owners, etc.  toi investigate. revision.  Mrs. Flynn said the Board received comments from two individuals supporting this Mr. Herring said a special use permit gives people the ability to pursue option in legal manner. Transient lodging has historically shown tol have less impact than full time occupancy. It has been proven with historical data that there are very few issues with transient lodging. Allows people to visit, spend their moneyi in Greene County and then go home. Special use permit process allows conditions to be placed on each individual situation if needed. Supports amendment as Mr. Martin explained that even though the Board may approve a special use permit for tourist lodging, ift the covenants for the subdivision prohibit it then it is not permitted. Covenants  proposed.    Board of Supervisors June 12, 2018 Sheet 5  trump county ordinances. Feels Planning Commission did due diligence. Special use permit process allows extra look at it with an opportunity for citizens to speak at public hearings. This involves property rights issue as well and he felt homeowners deserve the right to this option. Mrs. Durrer said she was noti in favor ofallowing this even by special use permit. She has Mr. Cox concurred with Mrs. Durrer saying hel has witnessed problems inl his district in the A-1 zone. Opening it up to R-1, which is higher density, creates problems. Does not support. Mrs. Flynn commented that any property can have problems be it someone living there fulltime or coming and going. No idea ofhow many will come forward. If several requests are Mrs. Golon said there are a lot of "what if's". Each application would be reviewed on its owni merit and conditions. This was discussed at great length with A-1 and C-1 zones. Perception that it is something other than single family dwelling. Nationally studies done that show less impact by tourist lodging. Lots of times will regulate themselves. There are outside forces that Mr. Herring asked about tourist lodging days. Mrs. Golon said tourist lodging is less than 30 days. A30-day or more (long term) rental can be done by right in the R-1 zone with potentially Mrs. Durrer said the weekend is when people are home from work and wants to enjoy their Upon motion by Dale Herring and affirmative vote the Board approved ordinance revision  Supports amendment.  problems with tourist lodging in the R-1 zone.  made, how many in ai row are too many?  keep these things in check. ad different renter each month.  weekend. There is the potential for a lot more traffic  OR#18-001 as submitted. Recorded vote:  Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring  Yes Yes No No Yes  Motion carried.  RE: PUBLICHEARING-E RUCKERSVILLE AREA PLAN  Mrs. Golon thanked the public, the Board, and the Planning Commission saying it takes a lot ofeffort toj put aj plan! like this together. Itisintegral toi involve the community and: stakeholders every step oft the way to ensure this plan is successful. There was great public participation and Mr. Will Cockrell, TJPDC Director of Planning, was present to review the process and Greene County contracted with Thomas Jefferson Planning District Commission in June, 2017 to conduct work on the Ruckersville Area Plan. The first of three public open house events were held in October. The open house on March 29 had over 50 attendees. A survey resulted in  efforts are appreciated.  proposed plan. Hei recognized members of Advisory Panel present.  450: responses which helped shape the final report recommendations.    Board of Supervisors June 12, 2018 Sheet 6  The Advisory Panel met six times and was integral to the process by providing guidance The Planning Commission recommended approval oft the plan with minor changes. The Plan includes detailed recommendations with an implementation schedule. This Plan isi intended tol be SMART: Specific, Measurable, Achievable, Realistic and Timely. There are 26 recommendations, organized into info boxes with: descriptions, measurable outcomes, responsible parties, timelines, budgets (where available) and detailed steps for advancing the  tos stafft throughout the process.  recommendations.  The floor was opened for public comment.  Mr. Vic Schaff, Greene County Chamber of Commerce Board of Directors, said the Mr. Martin, who served on the Advisory Panel, spoke briefly on the meetings held and parties involved. He expressed his thanks to all who participated in the process. Mr. Martin also Mr. Herring said he particularly liked the info boxes. This is a very easy to follow well Mrs. Durrer thanked the citizens of Greene for their participation and involvement. She Upon motion by David Cox and unanimous vote, the Board adopted the resolution  Chamber supports the addition oft this to the Comprehensive Plan.  Public hearing was closed.  recognized Mrs. Stephanie Golon for leading the process incredibly well.  written document. supports the Plan.  Mr. Cox said he also supports the plan saying this is an excellent plan.  approving the Ruckersville Area Plan 2018. (See Attachment "D")  Recorded vote:  Michelle Flynn Bill Martin David Cox Marie Durrer Dale Herring  Yes Yes Yes Yes Yes  Motion carried.  RE: EMERGENCY OPERATIONS CENTER STORM UPDATE  Mrs. Melissa Meador, Emergency Services Director, briefed the Board on the recent large flooding event. EOC opened and emergency declaration was declared on May 31. Swift water rescue teams from Harrisonburg and Rockingham County were called in and handled multiple calls. Emergency shelter (22 citizens) was opened at Ruckersville Elementary School. A pet shelter (7 dogs and 4 cats) was also opened. The shelter officially closed at 8:00 a.m. on Friday. There were approximately 50 road closures or high-water advisories. Over 200 additional VDOT employees and contractors were. here on the ground. All but one road (Haney Town) was Began damage assessments on June 1 and still taking those at this point. As of today, approximately $400,000 in damages for residential, private roads and farm costs. Initial VDOT damage assessment of $4.1 million. Rappahannock Coop damages at $50,000 at this point.  passable by June 6. Anticipates 12 to 181 months or longer ofr road repairs.    Board of Supervisors June 12, 2018 Sheet 7  Working with several different agencies regarding Conway and Swift Run Rivers. Made site visits on Friday and agencies provided input and information for solutions - short term versus Waiting on decision about state declaration. Thankful for no injuries to citizens or public safety personnel. Will conduct after action reviews. Public safety personnel absolutely stepped Mrs. Flynn commented on the coordinated response, noting there was no delay in calling ora activation ofservices. Impressed by coordinated response Mrs. Meador pulled together and the Mr. Herring commented on the amazing response at the EOC, EMS personnel and local businesses who donated food. The level of communication from Mrs. Meador was outstanding. Mr. Cox said he was impressed when he visited the EOC Thursday night. RE: VOTER REGISTRATION CHANGE FOR GREENE/ORANGE COUNTY Mrs. Flynn said some citizens who pay taxes in Greene, vote in Greene etc. have been informed they will now. have to vote in Orange County. Staffcontinues to work on this issue. The County does not expect any crisis situation but does not know yet how this will be resolved. Mr. Barkley encouraged anyone affected by this toj provide contact information SO they can  long term.  up. Citizens also helped one another.  fact that shel kept the Board well informed.  ADDRESSES  be kept updated. This affects between 6 and 10 homes. RE: VDOTI LANDUSE PERMIT - MOWING OF MEDIAN  Mr. Alan Yost, Director ofEconomic Development and' Tourism, said the' Tourism Council has allocated money for three-year time period to mow the median strips on. Route 29. VDOTis allowing resolution rather than requiring a bond to be posted. Asked for approval as soon as  possible.  Consensus of Board to add this to agenda as action item.  Upon motion by Bill Martin and unanimous vote, the Board approved the resolution for a  VDOT Land Use Permit. (See Attachment "E")  Recorded vote:  Michelle Flynn Bill Martin David Cox Marie Durrer Dalel Herring  Yes Yes Yes Yes Yes  Motion carried. RE: LIAISON REPORTS  Mr. Herring said TJPDC: met last Thursday. Discussed the strategic planning process and  Smart Scale resolution. Planning Commission will meet next Wednesday. Mrs. Durrer said the. Jail Board meeting will be held on Thursday.  Mr. Cox said EMS meets next' Tuesday.    Board of Supervisors June 12, 2018 Sheet 8  Mrs. Flynn said the Social Services Board meets on Thursday. JABA expressed their appreciation for additional funding that will allow an additional day ofs service to seniors in Greene.  RE: COUNTY ADMINISTRATOR UPDATES/DEPARTMENT REPORTS  Mr. Barkley said there was a good turnout at the Special Tax District meeting last week. Working on update of water supply plan with DEQ. Plans for reservoir are at the VA Department  ofHealth, Office of] Drinking Water, for review and approval.  RE: OTHER ITEMS FROM BOARD  Mr. Cox reminded everyone that the Greene County Fair is coming up in two weeks. Mrs. Durrer said the second Outdoor Show will be June 22 and 23. Have 69 of71 tables Mr. Herring reiterated earlier comments about VDOT doing great job. School facilities Mr. Martin said Stanardsville Project undergoing site plan review and should start soon. Mrs. Flynn also said the Hazard Mitigation Plan was approved by Federal Emergency  sold. Fair begins on June 26 and runs through the 30th.  project has started.  Mrs. Flynn encouraged everyone to come out for July 4th event.  Management. The County is now eligible for grant programs.  RE: ADJOURN MEETING  Thei meeting was adjourned. The next scheduled meeting ofthe Board of Supervisors will  bel held on Tuesday, June 26 2018 in the county meeting room.  ymdh.llo ) lupne Michelle Flynn, Chair Greene County Board of Supervisors    Board of Supervisors June 12, 2018 Attachment "A"  RESOLUTION OF INTENT TO AMEND SUBDIVISION ORDINANCE  WHEREAS, the Greene County Subdivision Ordinance may from time to time be amended, supplemented, changed, modified or repealed by the governing body WHEREAS, this resolution is to amend various sections of the text of the Subdivision Ordinance, which are listed below, for purposes of correction, modification and elaboration of general regulations. Amendments are proposed for clarification of intent,  pursuant to Section 15.2-2253 of the Code of Virginia.  addition of definitions, and correction of inconsistencies.  The creation of lots in the Business and Industrial Zoning Districts are exempt WHEREAS, it is desired to amend the Greene County Subdivision Ordinance to comply with the Virginia Code in order to promote the efficient and effective administration of NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good Subdivision practices, the BOARD OF SUPERVISORS hereby adopts a resolution of intent to amend appropriate sections of the Greene County Subdivision Ordinance to achieve the purposes described herein; BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the subdivision text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date. BE IT FURTHER RESOLVED THAT the Board of Supervisors (1) finds that these amendments are in furtherance of the public necessity, convenience, general welfare, and good subdivision practice, (2) directs staff to prepare draft amendments for consideration, and (3) directs that the proposed amendments on these matters be brought forward for notice, hearing, Planning Commission recommendation, and Board  from the public road standards and all ppIcaDlerelerences:  the County's Subdivision regulations.  and  of Supervisors' action.  Adopted in Open Meeting this 12th day of June, 2018.  eldlo lupn Michelle Flynn, Chair Greene County Board of Supervisors    Board of Supervisors June 12, 2018 Attachment "B"  RESOLUTION APPOINTING THE COUNTY ATTORNEY  FOR GREENE COUNTY, VIRGINIA  WHEREAS, the Greene County Board of Supervisors conducted a search to retain ai new County WHEREAS, the Board ofSupervisors has determined to engage thel law firm ofDeal & Lacheney P.C., and more specifically Thomas E. Lacheney as the County Attorney for Greene County, WHEREAS, the Board of Supervisors desires to appoint Kelley M. Kemp with the firm of Deal WHEREAS, the Board of Supervisors and Deal & Lacheney P.C. have agreed to the terms of NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of Greene County, Virginia, that Thomas E. Lacheney is appointed to the position of County Attorney of Greene County, Virginia effective. June 1,2018, and Kelley M. Kemp is hereby appointed as the. Assistant  Attorney; and  Virginia commencing on June 1, 2018; and  &1 Lacheney P.C. as the Assistant County Attorney; and engagement and reduced such agreement to writing.  County Attorney effective said date.  ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON JUNE  12,2018.  chele lupww Michelle Flynn, Chair Greene County Board of Supervisors  ATTEST:  John C. Barkley, Clerk Greene County Board of Supervisors  Recorded Vote: David L. Cox Marie C. Durrer Michelle Flynn Dale R. Herring Bill Martin  Yes Yes Yes Yes Yes    Board of Supervisors June 12, 2018 Attachment "C"  RESOLUTION FOR THE DECLARATION  OFA A LOCAL EMERGENCY  WHEREAS, the Board of Supervisors ofthe County of Greene, Virginia does hereby find that: 1. Due to the occurrence of severe flooding, the County of Greene is facing a condition of extreme peril to the lives, safety and property oft the residents of Greene County; 2. That as a result of this extreme peril, the proclamation of the existence of an emergency is necessary to permit the full powers of government to deal effectively with this  condition of peril as of1 12:05 a.m. on the 3lst day ofl May, 2018.  NOW, THEREFORE, IT IS HEREBY PROCLAIMED by the Board of Supervisors of the County of Greene, Virginia, that a local emergency now exists throughout the County of Greene; IT IS FURTHER PROCLAIMED AND ORDERED that during the existence ofs said emergency, the powers, functions and duties of the Director of Emergency Management and the Emergency Management organization and functions of the County of Greene shall be those prescribed by state law and the ordinances, resolutions and approved plans of the County of Greene in order to In order to carry out the effect of this resolution, a sum of money, not to exceed $10,000, is hereby appropriated from the county's unappropriated fund balance to cover the reasonable operational cost of Emergency Management pending further report to this Board and such additional appropriations as shall be deemed necessary to cover the expected scope of this Affirmed and adopted this 12th day of. June, 2018 due to the emergency conditions caused by the  and  mitigate the effects ofs said emergency.  emergency.  severe flooding event.  uelillo upn Michelle Flynn, Chair Greene County Board of Supervisors  Attest:  John C. Barkley, County Administrator    Board of Supervisors June 12, 2018 Attachment "D"  716/  A RESOLUTION TO ADOPT PLANNING COMMISSION  THE ADDENDUM TO THE COMPREHENSIVE PLAN AS RECCOMENDED BY THE WHEREAS, Section 15.2-2223 of the Code of Virginia (1950), as amended, requires the  adoption of a Comprehensive Plan by all Virginia localities and, permits addendums as directed by the governing body and,  WHEREAS, on October 25, 2016, the Greene County Board of Supervisors adopted the WHEREAS, in support of the goals and implementation strategies found in the  Greene County Comprehensive Plan,  approved Comprehensive Plan, thel Ruckersville Area Plan is an addendum to the approved Comprehensive Plan,  WHEREAS, at its regular meeting on May, 16, 2018, the Planning Commission voted  unanimously to recommend approval of the addendum to the  Comprehensive Plan to the governing body,  NOW, THEREFORE, BE ITI RESOLVED that the Greene County Board of  Supervisors does herby approve the addendum to the Comprehensive  Plan entitled, Ruckersville Area Plan, 2018.  Adopted in Open Meeting this 12th day ofJune, 2018.  uchollo Mlupn Michelle Flynn, Chair Greene County Board of Supervisors  ATTEST:  John C. Barkley, Clerk Greene County Board of Supervisors    Board of Supervisors June 12, 2018 Attachment "E"  0)  LAND USEI PERMIT RESOLUTION June, 2018 RESOLUTION"  WHEREAS, it becomes necessary from time to time for the County of Greene to obtain land use permits from the Virginia Department of Transportation to install, construct, maintain and operate certain public works and public utilities projects along, across over and upon highway systems oft the Commonwealth of Virginia; and, WHEREAS, expense, damage ori injury may be sustained byt the Commonwealth of Virginia growing out of granting tot the County of Greene by the Virginia Department ofTransportation of said permits for the work aforesaid; NOW, THEREFORE, BEI IT RESOLVED by the County Board of Supervisors this 12th day of] June, 2018: Section 1: Thati in accordance with the provisions of Section 24VAC30-151-720: oft thel Land Use Permit Regulations of the Virginia Department of Transportation, the County of Greene does hereby grant assurances to the Virginia Department ofTransportation (VDOT) that it shall in all respects comply with all of the conditions oft the permit or permits that have been, or willl be, granted tot the County Greene and guarantees the successful completion oft the work, Section 2: That the County Administrator, City or Town Mayor, or their designee, be, and hereby is authorized to execute on behalfoft the County of Greene all land use permits and related documents of the Virginia Department of Section 3: That this resolution shall be a continuing resolution and shall not be revoked unless and until sixty (60) days written notice ofa any proposed revocation be submitted to the Virginia Department ofTransportation. Section 4:7 That the County ofGreene shall,i ifrequestedl by the Virginia Department ofTransportation, provide al letter that commits to using the surety provided byi its contractor or to have the contractor execute a dual obligation rider thata adds the' Virginial Department ofTransportation as an additional obligee tot the suretybond provided to the locality, with either oft these options guaranteeing the work performed within state maintained right-of-way under the terms of BEI IT STILL FURTHER RESOLVED that the County Administrator, City or Town! Mayor, or their designee, be, Thej foregoing Resolution was adopted by the County. Board of Supervisors at its regular meeting held on 12"h day of  or,i ifappropriate, restoration oft the right of way to its original condition.  Transportation.  the land use permit for that purpose.  and hereby is authorized and directed toj procure insurance required by Section 1 herein.  June, 2018 in Greene County, Virginia.  miclllo Slyp Michehe Flynn, Chair Greene County Board of Supervisors