Board of Supervisors May 28, 2019 Sheet 1 May 28,2019 County of Greene, Virginia THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, MAY 28, 2019 BEGINNING AT 6:301 P.M. IN THE COUNTY MEETING ROOM. Present were: Bill Martin, Chair Michelle Flynn, Vice Chair David Cox, Member Marie Durrer, Member Dale Herring, Member Staff present: Mark B. Taylor, County Administrator Kelley Kemp, Assistant County Attorney Patti Vogt, Deputy Clerk Jim Frydl, Director of] Planning and Zoning Rick Morris, Director ofl Fleet and Facilities Management RE: CLOSED MEETING Board approved the following: Meeting the following matter(s): Ms. Kemp read the proposed resolution for closed meeting. Upon motion byl Michelle Flynn, second by Dale Herring and unanimous roll call vote, the WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Discussion and consideration oft the performance ofs specific public officers, appointees, or Discussion or consideration of the acquisition ofreal property for aj public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of] legal advice by such counsel re: Board of Supervisors. WHEREAS, pursuant to: $2.2-3711(A)(I) (A)(3) (A)(8) of the Code of Virginia, such NOW,THEREFORE, BE I ITRESOLVED that the Board of Supervisors of Greene County employees ofany public body re: County Administrator. strategy ofthe public body re: Visitors Center discussions may occur in Closed Meeting; does hereby authorize discussion ofthe aforestated matters in Closed Meeting. Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. Board of Supervisors May 28, 2019 Sheet 2 RE: RECONVENE IN OPEN MEETING AND CERTIFY CLOSED MEETING Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the Board returned to open meeting. Recorded vote: Bill Martin Michelle Flynn 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: Bill Martin Michelle Flynn 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 THE AGENDA Mr. Martin said he would like to make as statement in place ofrecognition on the agenda. Upon motion by Michelle Flynn, second by David Cox and unanimous roll call vote, the Board approved the agenda with change as suggested. Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: STATEMENT BY CHAIR Mr. Martin said Supervisor David Cox has been charged with a crime. Mr. Cox is presumed tol bei innocent and hei is legally entitled to the benefits oft that presumption. Therefore, there is no reason for his service as Greene County's Monroe District Supervisor to be interrupted or otherwise disturbed by the pendency of this matter. RE: MATTERS FROM THE PUBLIC None Board of Supervisors May 28, 2019 Sheet 3 RE: CONSENT AGENDA Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the b. Resolution in support of the Stanardsville Independence Day Committee's efforts to raise necessary funds for their planned celebratory activities (Attachment "A") Board approved the following items on the consent agenda. a. April 23,2019 minutes Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: PUBLICI HEARING AGRICULTURAL AND FORESTAL DISTRICT PROGRAM Mr. Frydl said the Agricultural and Forestal District Program is a voluntary program that allows landowners to place a conservation easement on their land to limit development. Itisa a commitment by landowners to preserve land in aj pristine state. The original seven districts were consolidated into two districts, the James and Rappahannock. There is a four-year review and The Agricultural and Forestal District Committee held a public hearing on May 15. Landowners were notified of the hearing and given the opportunity to remain in the district or remove their property. The A &FDistrict Committee recommended approval oft thei new district boundaries and the updated Appendix B of the Greene County Code of Ordinances. Three properties were: removed from each district. The majority opted to remain in the districts. The Planning Commission also held a public hearing on May 15 and recommended approval of the new district boundaries and the updated language of Appendix B of the Greene County Code ofOrdnances with the following changes: (See. Attachment "B") Add elecommunications infrastructure to the approved use list Remove phone booths from the use list Correct a typo changing the word "with" to "within" owners can make changes by adding or removing land. The Chair opened the public hearing and closed it with no comments. Upon motion by David Cox, second by Michelle Flynn and unanimous roll call vote, the a. Thei renewal oft the. James AFD with the language as submitted to conserve and protect and toe encourage the development and improvement of Greene County's agricultural and forestal lands for the production of food and other agricultural and forestal products. b. The renewal of the Rappahannock AFD with the language as submitted to conserve and protect and to encourage the development and improvement of Greene County's agricultural and forestal lands for thej production of food and other agricultural and forestal Board approved: products. Board of Supervisors May 28, 2019 Sheet 4 Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. LODGING RE: PUBLIC HEARING - SANDRA EMERY - SPECIAL USE PERMIT FOR TOURIST Mr. Frydl said Mrs. Sandra S. Emery is requesting a Special Use Permit for tourist lodging on approximately 0.67 acres zoned R-1 Residential located on Pine Bluff Road in Greene Mountain Lake Subdivision. Thej proposed tourist lodging will bel located in the finished basement of the single-family detached home. The applicant would also like to be able to rent the entire house ifr requested. The unit is owner occupied. The subdivision is zoned R-1 Residential and is Mr. Frydl reviewed the definition of tourist lodging; State Code Section 15.2-2286 (A)(3), which authorizes the Board of Supervisors to grant a special use with suitable conditions; and the guidelines and standards in the Greene County Zoning Ordinance for consideration of a Special The Planning Commission recommended approval of the application with the following 1. To ensure the character of the neighborhood, the single-family dwelling shall be owner 2. To ensure the character of the neighborhood and protect the welfare of adjacent property owners, there shall be a review every three years by the Board of Supervisors. The County Attorney suggested changes to the conditions regarding owner occupied and review every three years. Mr. Frydl said the Board of Supervisors has the right to revoke a special Mr. Robert Emery, applicant, said they wanted to go through the approval process and do this the right way even though he understands others have done it without obtaining approval first. Ms. Kemp said she did not feel a sunset or an expiration is advisable but the Board could certainly consider other conditions to address concerns oft the Planning Commission. Mrs. Flynn said she is not comfortable with placing a 3-year review on this SUP. Staff will be required to Mr. Herring said he was not in favor of a 3-year review either. He felt the Planning Commission was being cautious as this is the first application oft this type. He is in favor ofthis Mr. Frydl said there was a lot of discussion about the term "owner occupied" and alternate wording. These short-term rentals are somewhat self-regulating as both the renter and the owner Mr. Martin said this is a way to expand private property rights for the homeowner. He tends to not like al bunch ofrestrictions and limitations that need to be checked and enforced. He bordered by A-1 Agricultural land. Use Permit. The Comprehensive Plan supports the application. conditions: occupied. use permit if county ordinances and codes are violated. The public hearing was opened and closed with no comments. investigate any complaints made. application. are rated. There is a difference between short-term and long-term rentals. Board of Supervisors May 28, 2019 Sheet 5 was inclined to not put conditions on this Special Use Permit and treat it like we do A-1 for now. Upon motion by Michelle Flynn, second by David Cox and unanimous roll call vote, the Board, in accordance with the Greene County Zoning Ordinance, public necessity, convenience, general welfare, and good zoning practice, approved SUP#19-001 for tourist lodging as listed in Article 5-1-2.40 ofthe Greene County Zoning Ordinance, as submitted. (See. Attachment "C") Mr. Herring and Mrs. Flynn agreed with Mr. Martin. Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. BUDGET RE: PUBLIC HEARING - SECONDARY SIX YEAR PLAN AND CONSTRUCTION Mr. Joel Denunzio, VDOT Resident Engineer, reviewed the proposed Secondary Six Year Plan and the construction budget. Hel had previously recommended that thel Board not add another construction project at this time but allocate tele-fee money to other projects that the Board might wish to pursue. The CTB formula funds and the district grant funds must be used for unpaved roads. Priority: projects listed in the plan include: Rosebrook Road Beazley Road Turkey Ridge Road Bingham Mountain Road Simmons Gap Road Ice House Road South River Road Bull Yearling Road The Chairman opened the public hearing and closed it with no comments. Mrs. Flynn said thel Board received an email saying Lydia Mountain Lodge will be opening soon and expressing concern about the increased traffic on Bull Yearling Road. She said she had not thought about the increased traffic on Bull Yearling Road due to the lodge opening and this Mr. Chuck Covington, Tower Road, said traffic to Lydia Mountain Lodge is using Tower Road which is private. The five homeowners on this road had to recently replace a culvert that had collapsed which was al huge expense. He would like to see Bull Yearling Road moved up on Mr. Martin said Lydia Mountain is the biggest hotel in the county other than the Holiday Inn Express. Itis thel Board's] prerogative toi make changes in the plan. Mr. Denunzio said Beazley Road is also funded but the project is not yet underway. Mr. Martin suggested moving Bull Yearling Road up on the priority list under Rosebrook Road. Mr. Cox agreed to moving Bull does change things for her as far as the priority list. the priority list. Yearling Road but said he did not agree with moving other projects. Board of Supervisors May 28, 2019 Sheet 6 Mr. Denunzio said it may be possible to do both' Turkey Ridge and Bull Yearling projects. Itv was the consensus ofthe Board toi move. Bull Yearling Road to number 2 ont the listifthel Beazley Road project has not been started. Action on the Six Year Plan will be on the. June 11 agenda. RE: MEMORANDUMOFUNDERSTANDING-COMMONWEALTH'S ATTORNEY Mr. Taylor said the Board needs to adopt the resolution approving the memorandum of understanding with the Commonwealth's Attorney in order to satisfy an unfunded mandate imposed by the General Assembly at the least possible cost. HB1700 mandated that localities using body worn cameras provide at least one assistant Commonwealth's Attorney for each 75 body cameras, or part thereof, in use. The entry level salary for the position is $90,000. Mr. Hardin has agreed to a reduction in the salary to $50,000. The MOU is necessary to memorialize the agreement as the County is required to file evidence with the State that wel have agreed to an amount in variance to the prescribed $90,000 level. The MOU has been approved by Mr. Hardin Upon motion by Michelle Flynn, second by David Cox and unanimous roll call vote, the Board declared its' consent and agreement to the terms set forth in the proposed Memorandum of Understanding and authorizes execution of the same on behalf oft the said Board by its Chairman on the 28th day of May, 2019 and further resolves that the Clerk of the Board of Supervisors is hereby directed to file a copy of the executed MOU with the Commonwealth's Compensation and approved as to form by the County Attorney. Board. (See Attachment "D") Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. RE: DESIGNATION OF ADDITIONAL HOLIDAY ON JULY5.2019 Mr. Taylor said Governor Northam has provided 8 hours of additional holiday leave on July 5, 2019 to qualified State employees. The County Personnel Policy Manual, paragraph 8.5.A.2, states the President ofthe United States, the Governor of the Commonwealth of Virginia, ort the Board of Supervisors may designate additional holidays. Like many localities across the Commonwealth, the County traditionally follows the State's lead with the granting of additional holidays. Mr. Taylor recommended the Board approve the resolution designating July 5 as an Upon motion David Cox, second by Michelle Flynn and unanimous roll call vote, the Board approved thei resolution designating July5 5, 2019 as an additional holiday for Greene County additional holiday for Greene County employees. employees. (See Attachment "E") Board of Supervisors May 28, 2019 Sheet 7 Recorded vote: Bill Martin Michelle Flynn David Cox Marie Durrer Dale Herring Yes Yes Yes Yes Yes Motion carried. Mr. Taylor will draft an amendment to the policy addressing the designation of additional holidays for consideration by the Board. Mr. Taylor thanked the Board on behalfofemployees. RE: VDOT QUARTERLY MEETING Mr. Denunzio said there were 65 people in attendance at the public hearing on the Route 670 connector road with 36 comments received. Option A and Option B were reviewed. Option Cisr no build. The difference between the two options is how it connects to Route 670. Comments SO far are in favor of no build and the comment period remains open thru this Friday. Mrs. Flynn said she was not surprised at the no build vote. People who live on Preddy Creek Road just want less traffic and they feel the picture of the proposed road is not complete with the U-turn no one really understands and no additional traffic signal on Route 29. They are not seeing any benefit to this connector road at all right now. Mr. Denunzio said the design oft the project at Route 607 and Route 29 was dependent on the connector road. Mrs. Flynn said there is al huge concern about the approved development that is coming tot the area and the additional traffic it will create on Preddy Creek Road. Mr. Denunzio said this is a Smart Scale Project and funds cannot be reallocated to another project ift the road is not built. Mr. Denunzio reported on the following projects: Rosebrook Road project is scheduled to start in July Preddy Creek Road project is planned for spring ofr next year Octonia Road bridge project is complete Preddy Creek Road speed study is complete and sign installation is] pending Swift Run Road speed study is complete and sign installation is pending Dundee Road intersection review complete. Did not recommend lowering the As safety study is inj progress for Route 33 at Greencroft Subdivision. The stop bars in the median have been relocated to improve sight distance. Mr. Cox asked about placing stop signs in the median at that crossover. Mr. Denunzio said stop signs may be appropriate and traffic Maintenance activities included work on South River Road and removal oftrees from river. Mr. Herring asked about the status of Route 810 and Route 230 designation as scenic Ms. Sandra Morris, Amicus Road, spoke ofongoing problems at the intersection of Amicus Road and Celt Road. She presented pictures of the ditch, which is quite deep, along Celt Road from the intersection to the bridge. VDOT installed reflector stakes as the road is narrow and doesn'thaveroom for traditional guardrails. Most oft those reflectors havel been knocked down by speed limit and new marking plan suggested. engineers are reviewing. Aj permit to lower the stream bed is beingrequested. byways. Mr. Denunzio said he would have to provide an update on the project. Board of Supervisors May 28, 2019 Sheet 8 cars going into the ditch. Ms. Morris also said the road floods and there are problems with site distance. She was involved in an accident in this area and iti is dangerous. Ms. Ann Lawson also spoke on site distance problems at this intersection. Mr. Cox said there has been discussion about the installation of rumble strips at this location. He said shrubbery and large trees are contributing to the site distance problem. Mr. Davis Lamb spoke on the proposed closure of crossovers on Route 29 between Moore Road and Dairy Road. He suggested the installation of deceleration lanes for both left and right turns at Moore Road. The decel lane at Route 609 is short. The other crossover is at the water treatment plant. He said he did not have a problem with the closure of either of these crossovers. He also said he did not seel how the Route 670 connector road will expedite traffic and felt it would Mr. Denunzio said he will need to take a closer look at the intersection of Amicus and Celt Roads. He said he will also look at the Route 29 areas Mr. Lamb mentioned for decel lanes. Mrs. Flynn said the crossover at Lake Saponi does not have a decel lane and is treacherous. Motorists could be directed to the traffic light at Burnley Station Road for a U-turn while the area is looked at for improvement. She also said thanks to everyone involved with cleaning up Preddy create a dangerous situation. Creek Road after the recent storm. RE: FEMA FLOOD HAZARD MAPS Mr. Frydl said FEMA is recommending an expanded flood plain and maps are available to review potential changes. He reviewed the appeal process noting there will be a 90-day appeal period. The changes have potential impact for citizens and those who have federally backed mortgage will be required to purchase flood insurance. Private lenders may also require flood insurance. New structures and improvements willl have to meet construction standards as outlined int the flood plain ordinance in that buildings will have to be flood proofed or elevated above flood There are 331 newly mapped in and 40 newly mapped out properties. Comments and appeals will come to Greene County and will be passed on to FEMA. Mr. Frydl said there has been some interest in the appeal process and Delegate Rob Bell's office has been contacted by Ms. Flynn commented on the properties removed from and added to the flood plain. Mr. Rick Morris, Director of Fleet and Facilities Management, said the County received threel bids ini response tot thei invitation for bid: for cleaning services. The bids were evaluated based on cost and details ofservices included. He explained that once the cost ofcleaning carpeted areas and stripping and waxing of tile floors were factored in, the first bid totaled $100,556.31. The The approved budget for FY: 20 includes $60,000 for cleaning services which is a shortfall Mr. Herring said he has heard a lot of positive comments about recent cleaning that has taken place. Mr. Taylor said there is money in the contingency fund that could be transferred to level. citizens asking what can be done. RE: CLEANING SERVICES CONTRACT second bid included such costs for a total of $96,096. of$36,096. The additional funds will need to be transferred. cover the cleaning services contract. Board of Supervisors May 28, 2019 Sheet 9 RE: LIAISON REPORTS grants in the future. Mr. Herring said the Broadband Committee met last week and discussed applying for Mr. Cox said the Emergency Services Committee met last Tuesday night. Mr. Martin said the last day of school was Friday. The school construction project is ongoing. The EDA will hold a public meeting on the proposed visitor center on June 4, 2019 at 7:00 p.m. ini the county meeting room. RE: COUNTY ADMINISTRATOR UPDATE Mr. Taylor said our fire and rescue volunteers are very much appreciated and noted the fire departments are staffed entirely by volunteers. No tax money is allocated to the fire departments by the County other than contributions for capital investments and equipment. Also, our volunteers and paid staff at the Greene County Rescue Squad do wonderful work for our Mr. Taylor said he will havei information to provide in support oft the EDA at their meeting community. next Tuesday. RE: OTHER ITEMS FROM THE BOARD Mrs. Flynn said the Board approved al business moving to ai newl location within the County some time ago and the opening of that business was delayed significantly through different permitting processes. This is the third time she has heard concerns that our erosion and storm water control guidelines are significantly more stringent than what is actually required. She has mentioned this tol Mr. Taylor as an area he might want to review. RE: ADJOURN The meeting was adjourned. The next regularly scheduled meeting of the Board of Supervisors will be on' Tuesday, June 11,2019. Wha Sy-Hhat William Bryan Martin, Chair Greene County/Board of Supervisors Greene County Board of Supervisors Ogk Board of Supervisors May 28, 2019 Attachment "A" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, IN SUPPORT OF THE STANARDSVILLE INDEPENDENCE DAY COMMITTEE WHEREAS, the Town of Stanardsville is sponsoring an Independence Day parade and celebration and has established a committee to organize that celebration and raise funds to support the planned activities; and WHEREAS, the Stanardsville Independence Day Committee is partnering with the Greene County Chamber of Commerce and other entities to produce a memorable parade and celebration with music, food vendors, games, fireworks, and other family-fun activities to benefit the entire community, especially local charitable organizations; and WHEREAS, the Committee has been meeting regularly to plan the Independence Day celebration and has been actively seeking sponsors from the business community and individuals, including organizing several fundraising events; NOW, THEREFORE, BE IT RESOLVED, that the Greene County Board of Supervisors urges residents, businesses and civic organizations in the community to support the Stanardsville Independence Day Committee's efforts to raise necessary funds for their planned celebratory ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON MAY 28, activities. 2019. Motion: Dale Herring Second: Marie Durrer Votes: Martin: Yes Flynn: Yes Cox: Durrer: Yes Herring: Yes Yes ATTEST: Mark B. Wikb-Ahak William Bryan Martin, Chair Greene County Board of Supervisors Clerk MB Taylor, Greene County Board of Supervisors Board of Supervisors May 28, 2019 Attachment "B" APPENDIX B-AGRICULTURAL AND FORESTAL DISTRICTS ARTICLE III CONTINUATION OF DISTRICTS May 28, 2019 Greene County, Virginia Whereas, the Rappahannock (area north of Route 33) and James (area south of Route 33). Agricultural and Forestal Districts were created on May 26, 2015. Whereas, in conducting a review oft the district, the board has asked for and received the recommendations. of the Agricultural and Forestal Districts Advisory Committee and the Planning Commission, which scheduled, as a part oft the review, a public Whereas, in conducting a review of the district, the board has asked for and received the recommendations of the Agricultural and Forestal Districts Advisory Committee and the Planning Commission, which scheduled, as a part of the review, a public hearing with Whereas, a public hearing was held on the 28th day of May, 2019; and, hearing with landowners; and landowners; and Whereas, notice of the meeting and review was sent by first class mail to all owners of land within the district in accordance with Code of Virginia, S 15.2-4311, as amended; Whereas, the Board of Supervisors of Greene County did publish notice of the adoption of this article on the gth and 16th day of May 2015 in the Greene County Record, a Now therefore bei it ordained by the Greene County Board of Supervisors: and newspaper of general circulation in the County of Greene, (1) That the Agricultural and Forestal District is hereby continued this 28+h day of May, 2019 by continuing the two (2) districts as follows: a. Rappahannock Agricultural and Forestal District identified as 8-A-19, 8-A- 19A, 8-A-19B,13-15-A, 13-A-29, 13-A-29B, 13-A-5, 14-A-3, 18-A-72, 19- A-37, 19-A-37A, 20-A-15, 38-A-77, 39-A-14, 39-A-14A, 51-A-48 53-A-30. b. James Agricultural and Forestal District identified as Tax Map Parcel: 27- A-1, 27-A-2, 24-A-11, 25-A-25A, 26-A-34, 35-A-26, 36-6-2B, 36-A-12, 36- A-17B, 36-A-18, 36-A-18A, 46-A-27, 46-A-57, 46-A-58, 47-A-21B, 47-A- 26, 48-8-E, 48-8-F, 48-A-50, 58-A-11. (2) The following uses shall be permitted in said district: a. Single family detached dwellings b. Conservation and preservation areas. C. Bona fide agriculture, as defined by Code of Virginia. d. Agritourism, farm winey, farm brewery, and agricultural operation f. Processing, storage, and sale of agricultural products produced within g. Public utilities, poles, lines, transformers, and related and/or similar Extraction ofr natural resources for household use only. J- Timbering, consistent with best management practices as established events e. Reserved. the district. facilities; telephone booths. h. Home occupations, as defined. by the state forester. k. Accessory uses or structures, as defined. . Tourist Lodging m. Fish hatcheries. n. Temporary sawmills as defined 0. Farm Stand p. Stables, horseback riding and equestrian facilities. q. Temporary carnivals and fairs. oft the Board of Supervisors of Greene County. No other use shall be permitted within the district without the prior approval (3) That the period before the next review of the district shall be four (4)years. When the district is reviewed, land with the district may be withdrawn at the owner's discretion in accordance with the provisions of Code of Virginia, S 15.2-4311, as amended. Any other withdrawal of land shall be in accordance with the provisions of code of Virginia, S 15.2-4314. (4) That the other provisions of the ordinance creating the district shall continue int fulli force and effect, except as herein modified. (Ord. of 8-29-00, Ord.c of5-11-2010, Ord. of 5-26-2015, Ord of5-28-2019) 2 Board of Supervisors May 28, 2019 AttachmnE08-01 AN ORDINANCE (0-2019-01) GRANTING A SPECIAL USE PERMIT (SUP #19-001)TO: SANDRA S. EMERY FOR TOURIST LODGING ATTAX MAP PARCEL 37C-(22)-1-13 LOCATED AT279 PINE BLUFF ROAD. WHEREAS, SANDRA: S. EMERY request a Special Use Permit (SUP) FOR TOURIST LODGING within the R-1, Residential Zoning District per Article 5 of the Greene County Zoning Ordinance; and WHEREAS, $15.2-1427 and 515.2-1433 of the Code of Virginia, 1950, as may be amended from time to time, enable al local governing body to adopt, amend and codify ordinances or portions thereof; and WHEREAS, 515.2-2280, $15.2-2285 and $15.2-2286 of the Code of Virginia, 1950, as amended, enables WHEREAS, on APRIL17, 2019, the Greene County Planning Commission held a public hearing on this WHEREAS, on APRIL 17, 2019, the Greene County Planning Commission voted 4-0 to recommend to the Board of Supervisors for approval oft the request to grant the Special Use Permit (SUP);and WHEREAS, the Greene County Board of Supervisors caused to be published a notice of public hearing on this matter in the Greene County Record on May 16th and May 23rd, 2019; and WHEREAS, the full application was available for public inspection in the Greene County Administration Building, Room 226, 40 Celt Road, Stanardsville, Virginia 22973; and WHEREAS, on May 28th, 2019, the Greene County Board of Supervisors held a public hearing on this matter and all of those who spoke on this topic were heard. al local governing body to adopt and amend zoning ordinances; and matter and all of those who spoke on this topic were heard; and 1. NOW, THEREFORE, BEI IT ORDAINED by the Greene County Board of Supervisors, in accordance with Article 16-2 of the Greene County Zoning Ordinance, public necessity, convenience, general welfare, and good zoning practice, that the SUP request is hereby approved. subject to the following conditions: 1.Failure to comply with the conditions of this SUP may result int the issuance of a Notice of Violation (NOV) by the Zoning Administrator. The Zoning Administrator may present this SUP to the Board of Supervisors for revocation if the NOVI is not resolved as directed. 2.To ensure the character of the neighborhood, the single-family dwelling shall be owner occupied. 0-2019-01 ADOPTED BYT THE GREENE COUNTY BOARD OF SUPERVISORS ON May 28, 2019. Motion: Michelle Flynn Second: David Cox Votes: Martin: Flynn: Cox: Durrer: Herring: Yes Yes Yes Yes Yes ATTEST: Bill Wh Martin, Chair Mark B. Taylor, Clerk Greene County Board of Supervisors Khet Greene County Board of Supervisors Board of Supervisors May 28, 2019 Attachment" "D" A Resolution to Approve a Memorandum ofUnderstanding between the Board of Supervisors of Greene County and Greene County Commonwealth Attorney Matthew Hardin for Funding ofa Position Mandated by HB1700 (2019) Whereas, the 2019 General Assembly passed an amendment to the Biennial Budget oft the Commonwealth of Virginia, imposing an unfunded mandate upon any Virginia locality wherein body worn cameras are employed by law enforcement, prescribing that any such locality shall provide funding for one entry-level Commonwealth Attorney for each seventy-five body worn Whereas HB1700 allows the prescribed funding level to be modified with the consent of Whereas, Greene County law enforcement employs body worn cameras, in a number less Whereas Greene County Commonwealth Attorney Matthew Hardin consents to accept modified funding at thel level of$50,000 for the purposes prescribed by HB1700; and Whereas a Memorandum of Understanding has been prepared to memorialize the Commonwealth Attorney's consent to the modified funding and to memorialize Greene County's Now therefore be it Resolved that the Greene County Board of Supervisors declares its consent and agreement to the terms set forth in the proposed Memorandum ofUnderstanding and authorizes execution oft the same on behalfofthe said Board by its Chairman this 28th day of May, And be it further Resolved that the Clerk to thel Board of Supervisors is hereby directed to file a copy of the fully executed Memorandum of Understanding with the Commonwealth's cameras employed; and the Commonwealth Attorney; and than seventy-five; and compliance with HB1700. 2019. Compensation Board, as prescribed by HB1700. ADOPTED BYTHE GREENE COUNTY BOARD OF SUPERVISORS ON MAY: 28, 2019 Motion: Michelle Flynn Second: David Cox Votes: Martin: Yes Flynn: Yes Cox: Durrer: Yes Herring: Yes Wallt Yes ATTEST: hhaf William Bryan Marhn, Chair Greene County Board of Supervisors Mark B. Taylor, Clerk Greene County Board of Supervisors MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF SUPERVISORS AND THE COMMONWEALTIS ATTORNEY OF GREENE COUNTY, VIRGINIA THIS Memorandum of Understanding, effective as of July 1, 2019 is between the Commonwealth's Attomey and the Board of Supervisors of the County of Greene, a political subdivision oft the Commonwealth of Virginia. ARTICLEI-SCOPE OF MEMORANDUM This MOU is established pursuant to HB1700, an Amendment to the Biennial Budget of the Commonwealth of Virginia, enacted in the 2019 Session of the General Assembly, which "J.Any locality in the Commonwealth that employs the use ofbody worn cameras for its law enforcement officers shall be required to establish and fund one full-time equivalent entry- level Assistant Commonwealth's Attorney, at a salary no less than that established by the Compensation Board for an entry-level Commonwealth's Attorney, at a rate of one Assistant Commonwealth's Attorey for up to 75 body worn cameras employed for use by local law enforcement officers, and one Assistant Commonwealth's Attorney for every 75 body worn cameras employed for use byl local law enforcement officers, thereafter. However, with the consent ofthe Commonwealth's Attorney, al locality may provide their Commonwealth's Attorney's office with additional funding, using a different formula than stated above, as needed to accommodate the additional workload resulting from the requirement to review, redact and present footage from body worn cameras. If, as of July 1, 2019, a locality is providing additional funding to the Commonwealth's Attorney's office specifically to address the staffing and workload impact ofthe implementation ofbody worn cameras on that office, that additional funding shall be credited to the formula used in that locality. Any agreed upon funding formula between the impacted Commonwealth's Attorney and the locality employing body worn cameras shall be filed with the Compensation Board by) July 1, 2019 and shall remain in effect unless modified by the agreement of both parties until June 30th of the following year. The term "locality" means every county or independent city with an. Attorney for the Commonwealth. The term "employed for use" includes all body worn cameras maintained by the law enforcement agency or agencies of that locality, provides as follows: regardless of any temporary: inoperability." This MOU memorializes the consent oft the Greene County Commonwealth's Attorney to af funding formula different than that provided in HB1700, per the Commonwealth's Attorney's suggestion. To-wit: Upon the advice and per the request of the Commonwealth's Attorney, the Board of Supervisors will provide funding to the Commonwealth's Attorney in the amount of $50,000.00, for use by the Commonwealth's Attorney as he deems fit to accomplish the purposes ofHB1700. ARTICLEII-TIME OF PERFORMANCE This Agreement shall commence as of July 1, 2019, and is effective in accordance with HB1700 until June 30, 2020. This Agreement: may be extended only upon the written consent of all parties. ARTICLE III-LAWS. PERMITS AND RESTRICTIONS This Agreement shall be govered in all respects, whether as to validity, construction, capacityo orperformance by the laws oft the Commonwealth ofVirginia. ABICIEIV-TERMIMAION (1) This MOU shall be suspended in the event that any court, or state, or govemment fails to appropriate or allocate funds for the purpose ofcontinuation hereof, or (3) In the event ofbreach by either party, the other party may give written notice to the party deemed tol bei in breach specifying thei manner in which the MOUhas been breached. Ifsuch notice of breach is given, the party sending the notice may suspend performance of any or all of its corresponding obligations under this MOU, and if the party receiving the notice has not substantially corrected the breach within thirty(30) days ofreceipt oft the writtennotice, the party (2) Uponmutual agreement ofboth parties, or sending the notice shall have the right to terminate this MOU. Witness the following signatures and seals: 4-122014 MATTHEW: D.HARDIN COMMONWEALTHS ATTORNEY BOARDOF: SUPERVISORS OF GREENE COUNTY BY: Wths byhhat BILL MARTIN,CHAR BOARD OF SUPERVISORS APPROVED ASTOFORM: aekey THOMAS E. LACHENEY COUNTY ATTORNEY 2 Board of Supervisors May 28, 2019 Attachment "E" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, DESIGNATINGJULYS, 2019 AS AN ADDITIONAL HOLIDAY WHEREAS, Governor Ralph Northam, on May 13,2019, announced an additional 81 hours WHEREAS, the Greene County Personnel Plan provides that the President of the United States, the Governor of the Commonwealth of Virginia, and the Board of Supervisors may ofholiday leave for State employees on. July 5, 2019; and designate additional holidays; NOW,THEREFORE, BE ITI RESOLVED that the Greene County Board ofSupervisors hereby designates July 5, 2019 as an additional holiday for all county employees. ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON MAY: 28, 2019. Motion: Second: Votes: Martin: Yes Flynn: Cox: Durrer: Yes Herring: Yes Nalk William David Cox Michelle Flynn Yes Yes ATTEST: KAat Chair MLDk Bryan Martin, Mark B. faylor, Clerk Greene County Board of Supervisors Greene County/Board of Supervisors