Board of Supervisors November 9, 2021 Page 1  November 9, 2021  County of Greene, Virginia  THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, NOVEMBERS 9, 2021, BEGINNING AT 5:30 P.M. IN PERSON IN THE COUNTY ADMINISTRATION BUILDING MEETING ROOM AND BY ZOOM VIDEO COMMUNICATION  Present were:  Bill Martin, Chair Marie Durrer, Vice Chair Steve Bowman, Member Dale Herring, Member Davis Lamb, Member  Staff present:  Mark B. Taylor, County Administrator Kelley Kemp, Assistant County Attorney Jim Frydl, Director ofl Planning and Zoning Tracy Morris, Director of Finance Melissa Meador, Director of Emergency Services  RE: CLOSED MEETING  Ms. Kemp read the proposed resolution to enter into closed meeting.  WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Discussion, consideration, or interviews of prospective candidates for appointment to the Consultation with legal counsel pertaining to actual or probable litigation, where such consultation in open meeting would adversely affect the negotiating or litigating posture ofthe  Meeting the following matter(s):  Planning Commission and the. Jefferson Area Board for Aging.  public body concerning RSA  WHEREAS, pursuant to: $2.2-3711(A)(I) and (A)(7) oft the Code of Virginia, such NOW, THEREFORE, BE: ITI RESOLVED that the Board of Supervisors of Greene County does hereby authorize discussion of the aforestated matters in Closed Meeting. Upon motion by Davis Lamb, second by Dale Herring and unanimous roll call vote, the  discussions may occur in Closed Meeting;    Board of Supervisors November 9, 2021 Page 2  Board entered into closed meeting. Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried. RE: OPEN MEETING Board returned to open meeting. Recorded vote:  Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  By unanimous roll call vote, members certified that only public business matters lawfully exempted from the open meeting requirement and only such matters as identified by the motion to  enter into closed meeting were discussed.  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  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 Board approved the agenda as presented.  Upon motion by Dale Herring, second by Steve Bowman and unanimous roll call vote, the  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes    Board of Supervisors November 9, 2021 Page 3  Motion carried. RE: UPDATE ON COVID-19  Ms. Meador gave an update on the local and regional statistical data of COVID cases, hospitalizations and fatalities. Greene is showing an increase of 111 new cases, 8 new hospitalizations. and 131 new deaths since our last update. Approximately 63.69ofour community has had at least one dose ofvaccine and 58.8% havel been fully vaccinated. The Blue Ridge Health District and the Virginia Department of] Health are now keeping data on the number of people with the 3rd dose. Greene County has had 1,897 people get the booster. The Pfizer vaccine for children ages 5 through 11 is now available. It will be administered in a 2-dose series taken three weeks apart. The dose is 1/3 ofthe dosage of the vaccine for older adolescents and adults.  Greene County EMS is currently dealing with a Covid outbreak. Four of the full-time providers have tested positive. Staffing was an immediate concern. Therefore, Greene County declared a local emergency on November 4, 2021 at 11:00 a.m. This is aj proactive measure. Ms. Meador said that she requested mutual aid assistance through the Virginia Department of Emergency Management and made notifications to the Virginia Department of EMS and the Blue Ridge Health District. Page County has sent staff. Ms. Meador thanked Donna Dunivan, Leanne Jones and Cynthia Patterson for all of their help during this difficult time. She also thanked the entire EMS team for all oftheir hard work. She said that the Board has to certify the declaration of local emergency tonight. She does expect over-time costs associated with this outbreak. She does not expect a request for reimbursement from Page County fort theirs staffing. Ms. Meadoralso shared that this situation has not affected the service provided by the EMS department.  Mr. Martin said that declaring a local emergency would not only allow the use of unappropriated funds to cover costs associated with this situation, but it would also allow the  County to request reimbursement.  Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the Board approved the resolution declaring a local emergency due to a Covid-19 outbreak in the  Emergency Medical Services Department. (See Attachment "A")  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  RE: MATTERSFROMTHE PUBLIC  Mr. Mike Kilpatrick spoke via Zoom to address some agenda items. He felt that the cigarette tax should be higher. Regarding the payroll bonus, he felt that it is completely irresponsible that the State did this to us and the worst thing we could do is to double down oni it. He said that the private sector continues to suffer during this engineered pandemic. This is an    Board of Supervisors November 9, 2021 Page 4  irresponsible use of tax payer funds. These funds should be used for water problems, traffic  problems, the grass mowing, the high school band needs uniforms. Mr. Martin thanked Mr. Kilpatrick for his comments.  RE: CONSENT AGENDA Board approved the following items:  Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the  a. b. C. Recorded vote:  Minutes of previous meeting  Resolution to carryover and appropriate $533,822.65 from unused appropriated Resolution to authorize financing for purchase of vehicles (Attachment "C")  balances of proffers from FY21 tol FY22 (Attachment "B")  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  RE: GREENE COUNTY FIRE STUDY REPORT  Mr. Mike Jones was present to share his final report regarding the implementation of the 2020 Fire Study Report as provided by the Virginia Department of Fire Programs. Mr. Jones said that, from the beginning, he has seen care in our community and he wants to help the people that  care find their path forward.  Mr.Jones shared that the first thing hel has found is the lack ofa common language in terms of operational reporting and communication. He said that the Sheriff's Office and the Fire Departments reporting software is not compatible. He recommends that Greene County adopt the national standards for all emergency services communications for all county agencies and that this  should be mandated by the Board of Supervisors.  He also found that there should be a review of staffing and technology at the Emergency Communications Center (ECC). He said that dispatchers are working a significant amount of overtime. He said that the ECC needed an upgrade to its incident reporting system. There should  beas staffing study done.  Mr. Jones said that there is a problem with information sharing. He said that there should be common numbers and common language. He said that a possible fix could be to add IT staff.  The addition ofIT staffi is critical.  There is a lack oftraining for first responders. The occasional conflict between fire service personnel, EMS and Sheriff's Deputies on the scene comes from the confusion or lack of    Board of Supervisors November 9, 2021 Page 5  understanding cooperative functions and duties at a fire scene. We should train the fire members and the deputies at the same time. Many ofour volunteers do not have certification ofFirefighter 1. This is deadly. It also puts us in a liability status. The training records are in disarray. He recommends that there be ai roster ofe each fire company that contains the current certification status level for each firefighter. There should be 20 effective members per department. He believes we should build a training center here. There should be training provided through the community  college on a quarterly basis.  There should be a discussion of recruitment to include advertising, incentives, training opportunities and cross-training as EMT. There should be the same level of training available to all volunteer fire companies. We can encourage our fire fighters to become instructors.  There is a critical infrastructure failure that exists. There are dysfunctional fire hydrants. There are hydrants that cannot be located. There are hydrants that are frozen shut. The status of every hydrant in this county should be known by all EMS personnel and dispatchers. This is al life critical situation. All hydrants should be inspected, serviced, flushed and painted. The debris should be cleared from around them. Each hydrant should be marked with reflective paint. They should each be geo-located. RSA should have real-time knowledge of the functionality of each fire hydrant and a map for a secondary water source that provides backup for each hydrant. This information should be integrated into the County's 911 system SO that when a fire call is dispatched, the nearest hydrants are visually displayed along with its functional status and  supporting water source.  Another issue is the inability to manage multiple tire/emergency events simultaneously. Staffing must increase to manage the daily calls for service as well as providing the capacity via county sources or mutual aid sources to manage incidents successfully. Mutual aid agreements should be updated for the Sheriff, Fire, EMS and public safety as soon as possible.  Mr. Jones recommends that a paid fire crew during the day time hours and a paid fire chief tor relieve some of the paperwork burden be provided by the County He also recommends that we start a local emergency planning commission. He said that we. have al bright future and wonderful  people.  Mr. Martin thanked Mr. Jones for his outstanding presentation. He said that this is an excellent document. He said that this is really good guidance and a good roadmap for moving forward. Mr. Martin asked about the salaried fire chief. He was wondering if Mr. Jones meant  one for all departments or one for each department.  Mr. Herring thanked Mr. Jones. He said that this report is not a surprise. They have been communicating all along over the past year and a half. He said that, as the liaison, the position of a paid fire chief was an uncomfortable recommendation to make. Recommendations for an Emergency Services Board were met. The documentation and reporting are much better than they used to be. The Volunteers have asked to bring the Fire Chiefordinance back up for discussion as    Board of Supervisors November 9, 2021 Page 6  early as January. They have also formed committees to improve volunteerism. The numbers are slowly increasing. Mr. Bowman is working on a subcommittee for a training facility. Mr. Herring has reached out to the Director of the Technical Center and askedifthey would be willing to offer af fire training course if we had the funding available. The RSA situation regarding fire hydrants is critical. A member of the ESAB reached out to try to resolve those issues with RSA and will report back to the ESAB at the next meeting. Mr. Herring also pointed out that the volunteers came forward and requested personnel. He said that is a huge step for them to recognize that they  needed help.  Mr. Bowman thanked Mr. Jones for his work on this project. He said that he is big proponent ofs strategic planning, prioritizing, building time lines, etc. He said that there is a loto of good stuff in this report, and to him, it starts with training and supporting the volunteers. He clarified that they are not trying to do away with the volunteers. We want to support them. He wants to allow department heads to set aside budget for designated capital projects. He believes that this Board should come up with a detailed strategic plan for the next few years to address the points in this report. Mr. Lamb said that he agrees with dealing with these issues one at a time. Mr. Taylor said that Mr. Jones has been working on a feasibility and concept analysis with some outside contractors that specialize in training facilities. We will have that information available to the Board soon. Mr. Martin said that they look forward to seeing that. RE: THOMAS JEFFERSON PLANNING DISTRICT REGIONAL LEGISLATIVE Mr. David Blount was present to seek the Board's approval oft the 2022 Thomas Jefferson Planning District Commission Legislative Program. The priority positions are 1. Support for  PROGRAMAPROVAL  Recovering Communities, 2. Budgets and Funding and 3. Broadband.  For the Support for Recovering Communities, the Planning District continues to support action att thei federal, state and local levels toj protect local communities and to ensure their viability  during ongoing recovery from the global pandemic.  For Budgets and Funding, the Planning District urges the governor and legislature to enhance state aid to localities and public schools, to not impose unfunded mandates on or shift costs to localities and to enhance local revenue options. They are urging the state to allow school bus drivers to be included in the SOQ funding formula. There is also some additional language requesting funding for metal health positions and programs and services in our schools.  Forl Broadband, thel Planning District's member localities urge and support state and federal efforts and financial incentives that assist localities and their communities in deploying universal, affordable access to broadband technology in unserved areas. There is new language to emphasize the cooperative work among broadband providers as they work to ensure expansion and  affordability ofinternet access.    Board of Supervisors November 9, 2021 Page 7  In the Legislative Positions section, under General Government, they have strengthened their position on state funding for election and election administration which are generally underfunded. It also includes language that would allow more flexibility for localities to award salary increases for State supported employees, including public safety position. They are asking that the State realize realistic staffing levels. Another issue is the time that law enforcement has tos spend to transfer TDO persons to facilities that are farther away and spending more time trying to get them admitted. Language has been included to place additional emphasis on the State to  address the census pressures at state hospitals.  Mr. Martin asked if the language regarding flexibility to allow salary increases for state supported positions would pertain to the current issue that we're facing regarding the additional payments for state funded deputies mandated to take place by November 30, 2021. Mr. Blount said that it would. Mr. Martin asked where we were in regards to the Broadband project. Mr. Blount said that challenges to applications were made known several weeks ago by various providers. There is a deadline of November 18th for the applicants to rebut those challenges followed by a December 3rd deadline for the outcomes of those challenges. There will be announcements made before the current Governor leaves office. Mr. Blount said that he continues  tof feel very good about the VATI grant.  Mr. Lamb asked for clarification regarding the environmental and water quality section about the Chesapeake Bay Preservation Act. Mr. Blount said there are currently required standards for localities east of Interstate 95 to follow in regards to improving water quality. He said that there are no requirements for localities west ofInterstate 95 and they want to keep it that way. Mr. Lamb said that he appreciates the point that jail per diem funding should be increased to the level that better represents the cost of housing inmates because that is getting very expensive. Mr. Blount said that is a long-standing position that they have been unable to get much traction on. Mr. Herring said that he appreciates that Thomas Jefferson Planning District's work on these legislative positions. He said that the accomplishments of the newly formed Blue Ridge  Cigarette Tax Board are evidence oft the success oftheir hard work.  Upon motion by Dale Herring, second from Marie Durrer and unanimous roll call vote, the  Board voted to approve the 2021 TJPD Legislative Program as presented.  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  In consideration of Mr. Blount's time, Mr. Taylor suggested that we reverse the order of the next two agenda items. Mr. Martin polled the Board said they agreed that would be fine.    Board of Supervisors November 9, 2021 Page 8  RE: PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE TO AMEND CHAPTER 66, TAXATION.OF THE CODE OF GREENE COUNTY TO INCLUDE A CIGARETTE TAX AND TO IMPOSE A TAX OF $0.40 PER PACK ON CIGARETTES Mr. Taylor thanked Mr. Blount and the TJPDC for their help, guidance and hard work for the template of this regional undertaking. The inaugural meeting has taken place and the body is organized and ready for the member localities to act on the ordinance and set the tax rate.  SOLDIN GREENE COUNTY EFECIVEJANUARZI.3Z  Mr. Martin said that one local retailer has taken issue with this tax, as well as the cigarette Mr. Martin opened and closed the public hearing as there were no comments from the Mr. Lamb shared that he is not usually in favor ofa additional taxes, but he is in favor ofthis Upon motion by Dale Herring, second from Steve Bowman and unanimous roll call vote, the Board voted to approve the amendment to Chapter 66, Taxation, ofthe Code ofGreene County  industry. public.  particular tax in hopes that it will help toi improve people's health.  toi include the information as presented. (See Attachment "D")  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  The Board took a five-minute recess.  RE: PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE TO ALLOW THE BOARD OF SUPERVISORS TO APPROVE A PREMIUM PAY PERFORMANCE BONUS FOR QUALIFIED EMPLOYEES PURSUANT TO VIRGINIA Mr. Taylor shared that local government services and local government workers are deemed essential according to the Governor's Executive Orders. In the August, 2021 Special Session, the General Assembly used state. ARPA money to fund a one-time $3,000bonus for Comp Board funded sworn local law enforcement and jail employees to be paid by November 30, 2021. Itv was also suggested and expected that localities might use a portion of their ARPA funds to pay for similar bonuses for locally funded positions. There is a fundamental inequity of treatment among workers from this action by the State. In order to address this, we are recommending an ARPA funded premium pay bonus for local employees who have continued to provide service through this pandemic. The one-time premium pay gives the greatest benefit to those earning the  CODE SECTION 15.2-1508 USING ARPA FUNDS    Board of Supervisors November 9, 2021 Page 9  least. It would cost $406,917 from our ARPA Funds. This premium pay is not something that we would be recommending without the State's mandate and the equity and fairness problem that it creates. We currently have a workforce infection rate of greater than 19.5% which is higher than the 13.8% national infection rate. We have, unfortunately, had one employee die of Covid-19. Our employees were not able to work from home and have come to work to serve faithfully throughout the entire pandemic. White it is unfortunate that some people were laid off from their jobs, but they were safe. This premium pay bonus is a considerable amount ofn money, but it would be irresponsible to say that it should take the place of a pay increase in the upcoming fiscal year because oft the continued increases in the cost of basic needs and living expenses.  Mr. Martin opened the public hearing for comment.  Ms. Paige Roberts was present via Zoom to share her thoughts on this item. She feels that the ARPA funds should be dedicated to other needs oft the County rather than bonuses. She asked  the Board to oppose this resolution.  Mr. Mike Kilpatrick said that he is absolutely livid that Mr. Taylor stated that someone who was laid off was in a safer, better position because they were able to stay home. He said that this would be a slap in the face to the working man. He asked tol Board to please vote against this.  Mr. Martin closed the public hearing.  Mr. Martin asked Mr. Taylori ifthe premium pay is permitted through the ARPA guidance. Mr. Taylor stated that iti is. There are qualifications and staff has made sure that they have been met. Mr. Martin asked if that is the same guidance that the Comp Board used toj provide premium pay toi its deputies. Mr. Taylor saidi itis. Mr. Martin askedifGreene County raised any local taxes  for its new EMS building. Mr. Taylor said no. positions separately as it'sar mandate from the State.  Mr. Martin suggested that the Board take the item regarding the State Comp Board funded Upon motion by Dale Herring, second from Davis Lamb and unanimous roll call vote, the Board voted to approve the resolution to accept and appropriate $51,672 for an authorized premium pay performance bonus for state-funded Compensation Board sworn deputy positions.  (See Attachment "E")  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.    Board of Supervisors November 9, 2021 Page 10  Mr. Martin said that the Board will now consider the recommendation from Mr. Taylor Mr. Herring asked! Mr. Taylorifthis proposal would cover all employees regardless oftheir hire date. Ms. Morris said that an employment roster was sent to all departments to verify the employees that have met the ARPA guidelines. The guidelines state that employees must have worked at least 231 hours for full-time status and half oft that for part-time at the time oft the bonus being paid. She said that those are the same guidelines that applied to the comp board positions. Mr. Herring asked if there were any employees that worked strictly from home. Ms. Morris said no. Mr. Herring asked ifall of the Constitutional Officers had certified that their employees had met the criteria. Ms. Morris said yes, the Constitutional Officers, the Registrar and thel Department  regarding the premium pay bonus for all qualified County employees.  of Social Services have certified that information.  Mr. Lamb said that, as the liaison to Social Services, he can say that they have remained at work and have had to continue to go out and meet with families at their homes, etc. He feels that all ofour employees deserve this bonus because they have continued to serve during this pandemic. Mr. Martin said that County employees support thel health and welfare ofCounty residents in good times and bad. The pandemic has been just about as bad as it gets. He said that our employees were. not any less ati risk than the deputies and were not any less essential. He feels that many people take for granted the things that get done in local government. Mr. Martin said that we had no break in service. There was continuity of all county services during the pandemic. He  said that he supports the proposal before the Board tonight. putting their families at risk. She supports this proposal, as well.  Ms. Durrer thanked all oft the employees for stepping up to the plate, coming into work and Mr. Lamb asked if the family of the employee that passed away could also receive this compensation. Mr. Martin said that he appreciates that comment and asked if the Board could give Mr. Taylor approval tol handle that request administratively. Mr. Taylor said that he respects and appreciates Mr. Lambs comment and said that he and Ms. Kemp would look into it.  Mr. Herring asked ift there was anything that would stop the Board from splitting the bonus into two payments. Mr. Taylor said that we cannot break the Comp Board funded premium pay into pieces. He said that we could with the other bonuses, but he does not see where that would be beneficial. Mr. Herring clarified that this suggestion was only to help with the tax impact that  would come with this bonus.  Mr. Bowman said that he has struggled with this a great deal. Our team has worked long  and hard over the last year and 8 months, SO he will support this.    Board of Supervisors November 9, 2021 Page 11  funding in the amount of $406,917 for a premium pay performance bonus for County employees.  (See Attachment "F") Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  Upon motion by Steve Bowman, second from Davis Lamb and unanimous roll call vote, the Board voted to approve the ordinance resolution which allows the Board of Supervisors to approve a premium pay performance bonus for County employees, including the state funded sworn deputies in the amount of $51,672 and the County employees in the amount of $406,917.  (See Attachment "G") Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  RE: OPIOID ABATEMENTISETTLEMENT  Ms. Morris shared a presentation from a VACo webinar regarding the opioid litigation settlement participation. There are $26 billion dollars in a national settlement involving Cardinal Health, McKesson and Amerisource Spurgeon and Jansen which is a subsidiary of. Johnson and Johnson. There are $530: million dollars available to Virginia and its localities. The funds would be distributed over 18 years for the distributors and over 9 years for the manufacturers. The sums would be front-loaded. We must join by January 2, 2022 to be a part of this settlement. This would require a memorandum of understanding between the Commonwealth and localities regarding the allocation of settlement proceeds. It will establish the creation of Virginia's Opioid Abatement Authority and Opioid Abatement Fund. It will also provide provisions for payment of  Localities Litigation Counsel.  Mr. Herring said, basically,ifwe want tol be aj part ofthis, wel have to approve thei resolution of participation and the MOU. Ms. Morris said that is correct. Mr. Herring asked if we could  approve these things tonight. Ms. Kemp said that we could.  Mr. Bowman said that he thinks we need to be a part of this.  Upon motion by Dale Herring, second from Davis Lamb and unanimous roll call vote, the Board voted to approve the resolution to approve the County's participation in the proposed    Board of Supervisors November 9, 2021 Page 12  settlement of opioid-related claims against McKesson, Cardinal Health, Amersourcebergen, Janssen and their related corporate entities, and directing the county attorney to execute the documents necessary to effectuate the County's participation in the settlements. (See Attachment  "H")  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  Upon motion by Dale Herring, second from Marie Durrer and unanimous roll call vote, the Board voted to approve the resolution to approve the County's participation in the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding and directing the county attorney to execute the documents necessary to effectuate the county's participation in the  MOU. (See Attachment "T") Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.  RE: BOARDLIAISON REPORTS  Mr. Herring said that Thomas Jefferson Planning District Commission met last Thursday and the financial audit passed without any issues. The VATI grant is being challenged in certain areas of the County. We expected this and CVEC is responding to those challenges. We will  know more: in December. room and will be livestreamed.  The Emergency Services Advisory Board will meet on Tuesday in the county meeting  RE: COUNTY ADMINISTRATOR UPDATE  Mr. Taylor said that Circuit CourtJudge Claude Worrell conducted a virtual hearing in the RSA litigation. RSA's plea was dismissed by Judge Worrell. This is a step forward for Greene  County.  Mr. Taylor said that he, Mr. Frydl and Ms. Lewis-Fowler had a meeting this morning regarding redistricting. He said that the information got to us very late and we are scrambling. Wel hope tol have information by the December meeting to be able to advertise aj public hearing to  bel held in January.    Board of Supervisors November 9, 2021 Page 13  Mr. Taylor said that wel have received mowing estimates for the medians from VDOT. The Route 29 corridor from Albemarle to Madison and the Route 33 corridor from Stoneridge Drive to the end of the median past Route 810. That cost is $16,043.32. Mr. Bowman said that he had brought this up because he was very disappointed in the look of Route 29 and Route 33. He said that he feels VDOT should bei mowing the medians as needed: rather than on at times-per-year basis.  He feels that we should complain about this issue to our Resident Engineer.  Mr. Taylor said that Mr. Bowman had asked that we look into the language for a policy to allow the retention or carryover ofunspent departmental funds for small capital projects. He said that Ms. Morris is working with our auditors to come up with some possible alternatives to consider. Mr. Bowman also asked Ms. Kemp tol look into whether or not we can conduct a public hearing on a capital project when iti is first presented SO that it can have ai review by the appropriate  people sO that it can be prepared when the money is available.  Mr. Taylor shared Parks and Recreation activities deadlines and the exciting news of the  birth ofas son belonging to Justin Morris in our Facilities Maintenance department.  RE: OTHER ITEMS FROM BOARD MEMBERS  Mr. Bowman asked Mr. Taylor to look into a professional study into the review of the operation oft the Sheriff's Office and ECC. He would like toi identify the funds for this study during  the upcoming budget process.  Mr. Lamb asked Mr. Taylor to ask the Planning Department to come up with ai registry for Airbnb. Mr. Bowman agreed. Ms. Kemp said that she would also like the Board to update the Transient Occupancy Tax in the Greene County Code to reflect changes in the State Code.  Mr. Martin said that there will be no second meeting in November.  RE: ADJOURN Board meeting was adjourned. Recorded vote:  Upon motion by Dale Herring, second by Davis Lamb and unanimous roll call vote, the  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried.    Board of Supervisors November 9, 2021 Page 14  au Shat William B. Martin, Chairman Greene County Bord of Supervisors  Mark B.  Clerk Taylor,  Mlhpk  Greene County Board of Supervisors    Board of Supervisors November 9, 2021 Attachment A  RESOLUTION DECLARING A  LOCAL EMERGENCY DUE TO COVID-19 OUTBREAK  WHEREAS, the Board of Supervisors of the County of Greene, Virginia finds that the Greene County EMS Department has recently been stricken with an outbreak of the Covid-19 virus; and WHEREAS, the Board of Supervisors of the County of Greene, Virginia, finds that such outbreak has impaired and continues to limit our EMS Department's capacity to consistently WHEREAS, the Board of Supervisors of the County of Greene, Virginia, that the lack of capacity to provide prompt EMS responses to calls for service puts our citizens in a condition of WHEREAS, as a result of this peril, the proclamation of the existence of an emergency is necessary to permit the full powers of government to prevent or alleviate this condition of peril 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 of 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 $30,000, 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 gth day of November, 2021 due to the emergency conditions caused  provide prompt EMS responses to calls for service; and  peril to their lives and safety; and  as of 1000 hours on the 4th day of November, 2021.  Virginia; and  mitigate the effects of said emergency.  emergency.  by Coronavirus within the Greene County EMS Department.  Walh: 5Maf William B. Mauin, Chairman Greene County Board of Supervisors  Attest:  B. Taylor, County Aginistrator    Board of Supervisors November 9, 2021 Attachment B  RESOLUTION TO ACCEPT AND APPROPRIATE FIVE HUNDRED THIRTY- THREE THOUSAND EIGHT HUNDRED TWENTY-TWO. DOLLARS AND SIXTY- FIVE CENTS FROM DEVELOPERS FOR CARRYOVER PROGRAMS-PROFFERS  WHEREAS, the Board of Supervisors of the County of Greene, Virginia has received WHEREAS, the following funds in the amount of five hundred thirty-three thousand eight hundred twenty-two dollars and sixty-five cents ($533,822.65) need to be accepted and appropriated to the 2021-2022 Operating Budget of the County of Greene, Virginia.  proffers from various developers; and,  NOW, THEREFORE, ITIS HEREBY RESOLVED by thel Board of Supervisors of the County of Greene, Virginia that the amount of five hundred thirty-three thousand eight hundred twenty-two dollars and sixty-five cents ($533,822.65) be accepted and appropriated to the appropriate line items in the 2021-2022 Operating Budget of the County of Greene,  Virginia.  BEITFURTHER RESOLVED that the County Administrator of the County ofGreene, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do  all things necessary to give this resolution effect. Adopted this 9th day of November, 2021.  Motion: Steve Bowman Second: Davis Lamb Recorded Vote: Steve Bowman Marie C. Durrer Dale R. Herring Davis Lamb Bill Martin  Yes Yes Yes Yes Yes  Wlbaby hact Greene County Board of Supervisors  ATTEST:  1A Clerk  William B.  MAB Mark B. Taylor,  Martin,Chair  Greene County Board of Supervisors    Board of Supervisors November 9, 2021 Attachment C  November 9, 2021 County of Greene, Virginia 2021 Vehicles Lease Purchase  RESOLUTION  AUTHORIZING A LEASE PURCHASE AGREEMENT, SERIES 2021 BANK-QUALIPED?  WHEREAS, the County of Greene, Virginia (the "County") proposes to enter into a tax- 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 2021 Chevrolet Tahoe (Emergency Services Department), one 2022 Ford Explorer (Inspection Department), four 2021 Dodge Durangos (Sheriff's Department), one 2021 transit van (Schools), one 2021 77- passenger International school bus (Schools), and three 2022 77-passenger International school buses (Schools), and (b) pay costs ofissuance in connection with such undertakings (collectively,  the "Project"); and  WHEREAS, Truist Bank (the "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 the Bank, as Lessor, and the County,  as Lessee, together with related documents; and  WHEREAS, pursuant to the Lease and the transactions contemplated under the Lease, the transit van and school buses being lease purchased by the County will be titled in the name of the School Board of Greene County, Virginia (the "School Board") and will be used for the benefit of  the Greene County Public Schools; 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 oft 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 of the property that is the subject oft the Project; and  WHEREAS, all amounts payable under the Lease are subject to sufficient appropriations from the Board of Supervisors of the County (the "Board") 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  WHEREAS, the Lease shall not constitute a general obligation ofthe County, or aj pledge oft the full faith and credit oft 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 ofany constitutional or statutory limitation; and    WHEREAS, at the request of the Bank, as Lessor under the Lease, the County desires to designate the principal amount of the Lease as a "qualificd tax-cxempt obligation" under thc provisions of Scction 265(b)(3) of the Internal Revenuc Code of 1986, as amended (including  Treasury Regulations and Revenuc Rulings thercunder, the "Tax Code").  NOW,THEREFOR, BEI IT RESOLVEDI BYTHE BOARD OFSUPERVISORS OF  THE COUNTY OF GREENE, VIRGINIA:  1.  Essential Governmental Purpose of Project. The Board hercby finds and  determines that the Project and the terms and conditions of the Lease, including the payment of rental payments to the Bank, as Lessor, are in the best interests of the County for the acquisition and equipping of the Project, including the lease purchase financing of the Project, and are in  furtherance of essential governmental purposes.  In addition, as to the portion ofthe Project that constitutes the transit van and school buses, the County further finds and determines that such lease purchase financing arrangements will provide the most cost-effective means for the County to acquire and provide such personal property, as set forth in the County's 2021-2022 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 transit van and school buses shall be titled in the name oft the School Board in connection with its ownership, general operation, and maintenance oft the transit van and school buses for the  benefit of the Greene County Public Schools.  2.  Approval ofLease: Designation ofLease and Details. The terms and provisions  oft the Lease as described at this meeting and as set forth in the Bank's lease purchase financing proposal dated October 27, 2021 and attached hereto, as may be amended, are hereby accepted and approved, including the payment of all or any portion oft the costs ofi issuance and other costs relating to the Lease, filing fees (if any), 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 of the County Finance Director. As required by the Bank, the County and/or School Board, respectively, will be responsible for all costs of operation, maintenance, insurance, and taxes with respect to the Lease. Further upon commencement ofthe Lease and the Bank's payment ofcosts ofthe Project, security liens ini favor ofthe 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.  The Lease will be dated the date of issuance and delivery thereof, and will be fully registered. The County Finance Director is hereby appointed as Registrar oft the Lease, as required  under Section 149 oft the Tax Code.  The Board hereby elects a fully amortized lease term of approximately three years, ifnot sooner paid, with rental payments being made annually during the term of the Lease totaling a maximum aggregate principal amount not to exceed $597,000 and being computed at a tax- exempt, bank-qualified fixed rate ofinterest of1 1.15% per annum. In the event closing is delayed and interest rates change, the Board approves a fixed rate ofinterest up to a maximum 1.50% per  2    annum. The Board hercby acknowledges and affirms that the interest component of the rental to be paid to Lessor may be subject to upward adjustment during the term of the Lease in the event the federal corporate income tax rate is reduced (or the benefit of the interest income exclusion capped) or ift the Lease is determined to be taxable or non-bank-qualified in accordance with the Tax Code to account for the reduced value oft the exclusion by Lessor ofthei interest component of  rental paid by the Board. 3.  Execution, Delivery and Performance of Lease, Other Documents. The  cxecution, delivery, and performance oft the Lease and other legal documentation required by the Bank or legal counsel related to the Lease are hercby authorized. The Chair and' Vice Chair oft the Board, the County Administrator, and the Deputy County Administrator/Finance Director, any one or more of whom 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 related documentation as may be advised by legal counsel, together with any changes, insertions, and omissions as may be approved by any one or more of such individuals who will execute the Lease Documents, such  approval to be conclusively evidenced by such execution and delivery thereof.  The Clerk or any Deputy Clerk oft the Board is authorized to affix or to cause to be affixed the County seal to thel Lease, ifrequired, and to attest such seal. Each officer or agent ofthe County isf further authorized and directed to do and perform such things and acts, as they deem necessary or appropriate to carry out the transactions authorized in this Resolution or contemplated by the Lease, including but not limited to such instruments and performance of acts as may be required in order for the Lease to qualify as a tax-exempt, bank-qualified lease purchase financing arrangement pursuant to the provisions of the Tax Code and the laws of the Commonwealth of Virginia. All oft 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, will be used for the essential governmental purposes of the County and School Board. To the extent that the principal amount ofthel Lease, together with any proceeds thercof(including investment earnings, ifany), exceeds the actual cost ofthe Project, the County hereby authorizes that any such additional amounts available under the Lease, ifany, will be expended by the County for capital projects for essential governmental purposes, or as otherwise may be allowed or required under the Tax Code, including the optional prepayment of  aportion oft the outstanding amount oft the Lease.  The County shall comply with the provisions oft the Tax Code including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds" within the meaning of the Tax Code. The County further covenants that (a) the proceeds from the issuance and delivery of the Lease (including investment earnings thereon, if any), all as described under the Tax Code, will be expended as set forth in the Lease Documents, (b) the County shall comply with the covenants and representations contained in the Lease, and the provisions oft the County's Post-Issuance Compliance Policy for Tax-Exempt Obligations (adopted by the Board on December 13,2011), and (c) the County shall comply with the provisions of the Tax Code SO that  3    the interest component of the rental being paid by the County to Lessor will remain excludiblc  from gross income for federal income tax purposes.  5.  Designation of Lease as "Bank-Qualified". At the request of the Bank, the  County hereby designates the Lease as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3)ofthe Tax Code. The Countyaffirms its reasonable expectation as to compliance with the related $10,000,000 limitations, including the covenant that the County reasonably anticipates that no more than aggregate $10,000,000 oftax-exempt obligations will be issued by the County, including any "subordinate" entities of the County or "on behalfof" entities thereof (within the meaning oft the Tax Code) during the current Calendar Year 2021 in accordance with  the "bank qualification" requirements of Section 265(b)(3) ofthe Tax Code.  6.  Reimbursement Matters. The County hereby declares its intent to use a portion  of the procecds of the Lease to reimburse certain capital expenditures in connection with the Project, as required by federal tax laws. The County has paid or will cause to be paid, beginning no earlier than 60 days prior to adoption hereof, and will pay or cause to be paid, on and after the date hereof, certain capital expenditures (the Expenditures") in connection with the Project. Accordingly, the County hereby declares its intent to reimburse itself, with all or any portion of the proceeds thereof for the Expenditures with respect to the Project made no earlier than 60 days prior to the adoption oft this Resolution. The maximum aggregate principal amount of obligations inc connection with the Project is reasonably anticipated not to exceed $597,000.  7.  Nature of Obligation. Itis to be understood that the Lease represents a rental  arrangement between the County and the Bank. Nothing in this Resolution or the Lease shall constitute a debt oft the County or School Board, and the Board shall not be obligated to make any payments under this Resolution or the Lease except from moneysa appropriated therefor, from time  toti time, in the discretion oft the Board.  8. Effective Date. This Resolution is effective upon its adoption.  DATED: November 9, 2021  BOARD OF SUPERVISORS OF THE COUNTY OF GREENE, VIRGINIA  By:  Mhat  Chair  lg  Attachment: Truist Bank Proposal  4    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 hercof, and that the  recorded roll-call vote oft the Board of Supervisors is as follows:  NAME  AYE X X X X X  NAY  ABSTAIN  ABSENT  William Martin, Chair Stanardsville District Maric C. Durrier, Vice Chair Midway District Davis Lamb Ruckersville District Dale R. Herring At Large Steven Bowman Monroe District  Dated: November 9, 2021  COUNTY OF GREENE, VIRGINIA  [SEAL)  lal  dy  Clerk/Deputy Clerk ofthe oard of Supervisors  Ey  5    TRUST  Truist Financial Corporation Governmental Finance 2320 Cascade Point Blvd. Suite 600 Charlotte, North Carolina 28208 Phone (704)954-1700 Fax (704).954-1799  October 27, 2021 Tracy Morris Finance Director County of Greene 40 Celt Road Stanardsville, VA22973 Dear Tracy: ("Borrower"). PROJECT: AMOUNT: TERM: INTEREST. RATE: TAXSTATUS: PAYMENTS: INTEREST RATE CALCULATION: SECURITY: PREPAYMENT TERMS: RATE EXPIRATION: FUNDING:  Truist Bank ("Lender") is pleased to offer this proposal for the financing requested by the County ofGreen, VA  Rolling Stock Lease Purchase $596,275.00 3years a.1.15% b.1.20%  a. Tax Exempt, Bank Qualified b.Tax Exempt, Non-Bank Qualified Interest: Annual Principal: Annual 30/360  Vehicles and equipment being purchased with the proceeds Prepayable in whole at any time without penalty  December 10,2021  Proceeds will be deposited into an account held at Lender pending disbursement  unless equipment is delivered prior to closing.    DOCUMENTATION: Itwill be the responsibility oft the Borrower to retain and compensate bond counsel  toa appropriately structure and document the transaction in accordance withs state and federal statutes. The financing documents shall include provisions that will outline appropriate changes to be implemented in the event that this transaction is determined to be taxable or non-bank qualified (if booked as bank qualified) in accordance with the Internal Revenue Service Code. All documentation must be Lender will require financial statements to be delivered within 270 days after the conclusion of each fiscal year-end throughout the term of the financing.  deemed appropriate by BB&T before closing.  REPORTING REQUIREMENTS:  Should we become the successful proposer, we have attached the form ofar resolution that your governing board can use to award the financing tol Lender. Ify your board adopts this resolution, then Lender shall not require any Lender shall have the right to cancel this offer by notifying the Borrower ofits election to do so (whether this offer has previously been accepted by thel Borrower) ifata any time prior to the closing there is a material adverse change in the Borrower's financial condition, ifv we discover adverse circumstances of which we are currently unaware, ifwe are unable to agree on acceptable documentation with thel Borrower or ifthere isa change inl law (or proposed change in law) that changes the economic effect of this financing to Lender. Costs of counsel for the Borrower and any other costs willl be the responsibility of the Borrower. Thes stated, bank qualified, interest rate assumes that thel Borrower expects tol borrow no more than $10,000,000 in the current calendar year and that the financing will qualify as qualified tax-exempt financing under the Internal Revenue Code. The stated, non-bank qualified, interest rate assumes that the Borrower expects to borrow more than $10,000,000 in the current calendar year and that the financing will qualify as tax-exempt financing under the Internal Revenue Code. Lender reserves the right to terminate this bid or to negotiate a We appreciate the opportunity to offer this financing proposal. Please call me at (3040 353-1635 with your  further board action prior to closing the transaction.  mutually acceptable interest rate if the financing is not tax-exempt financing. questions and comments. We look forward tol hearing from you.  Sincerely, Russell R. Akers, II Vice President bawtriahne  Truist Bank    Resolution Approving Financing Terms (bank qualified)  WHEREAS: The County of Greene, VA ("Borrower")! has previously determined to undertake a project fort the financing of vehicles and equipment (the "Project"), andt the Finance Officer has now presentedap proposal for the financing  ofsuch Project.  BEITTHEREFORE RESOLVED, as follows:  The Borrower hereby determines to finance the Project through Truist Bank ("Lender") in accordance  with the proposal dated October 27, 2021. The amount financed shall not exceed $596,275.00 the annual interest rate (in the absence of default or change in tax status) shall not exceed 1.15%, and the financing term shall not exceed there (3) Documents") shall be consistent witht the foregoing terms. Allofficers ande employees oft the Borrower are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by Borrower officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms ast the Finance Officer shall approve, witht thel Finance Officer's release ofany Financing Document for delivery 4. The Borrower shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes oft the registered owners of the interest payment obligations. The Borrower hereby designates its obligations to make principal and interest payments under the Financing Documents as' "qualified tax-exempt obligations" for the purpose of Internal Revenue Code 5. The Borrower intends that the adoption oft this resolution will be a declaration of the Borrower's official intent tor reimburse expenditures for the Project that are to be financed from the proceeds of the Lender financing described above. The Borrower intends that funds that have been advanced, or that may be advanced, from the Borrower' 's general fund or any other Borrower fund related tot the Project, for project costs may be reimbursed from the financing proceeds. approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the  years from closing. 2.  All financing contracts and all related documents for the closing of the financing (the "Financing  3.  The Finance Officer is hereby authorized and directed to hold executed copies of the Financing  constituting conclusive evidence ofs such officer's final approval oft the Document's final form.  Section 265(b)(3)].  6.  Allp prior actions ofi Borrower officers in furtherance oft the purposes oft this resolution are herebyratified,  extent oft the conflict. This resolution shall take effect immediately. Approved this qth dayof November 2021 hlibe Kh Title: Chairman, Bardf  By:,  y: Title: Du A  t2  Supervisors  SEAL:    Board of Supervisors November 9, 2021 Attachment D  AN ORDINANCE TO AMEND CHAPTER 66, TAXATION, OF THE CODE OF THE COUNTY BE IT ORDAINED By the Board of Supervisors oft the County of Greene, Virginia, that Chapter  OF GREENE, VIRGINIA  66, Taxation, is hereby amended as follows:  By Adding: Sec. 66-345 Definitions. Sec. 66-346 Levy and rate. Sec. 66-347 Methods of collection. Sec. 66-348 Registered agents. Sec. 66-349 Requirements for retail dealers. Sec. 66-351 Illegal acts. Sec. 66-352 Jeopardy assessment. Sec. 66-354 Disposal of seized property. Sec. 66-355 Extensions. Sec. 66-356 Penalty for violation of article. Sec. 66-357 Each violation a separate offense. Sec. 66-358 Severability. Sec. 66-359 Application within towns.  Sec. 66-350 Presumption ofi illegality; seizure of contraband goods, sealing/seizing of machines. Sec. 66-353 Erroneous assessment: notices and hearings in event of sealing of vending  machines or seizure of contraband property.  Chapter 66 Taxation Article XI Cigarette Tax  Sec. 66-345 Definitions. different meaning:  For the purposes oft this Article, the following words and phrases have the meanings respectively ascribed to them by this Section, except in those instances where the context clearly indicates a Board or BRCTB means the Blue Ridge Cigarette Tax Board, or its administrator, in cases where  the Board has delegated its duties or authority to the administrator. Cigarette has the meaning given in Virginia Code $58.1-1000. of packages of cigarettes from vending machines.  Cigarette Machine Operator means any individual, partnership or corporation engaged in the sale Dealer means both "retail dealer" and "wholesale dealer," as those terms are defined in Virginia Package means any container of cigarettes from which they are consumed by a user. Ordinarily, apackage contains 20 cigarettes; however, "package" includes those containers in which fewer Registered agent means any person who pays the tax or makes the report imposed under this  Code S 58.1-1000.  or more cigarettes are placed.  article.  Retail dealer has the meaning given in Virginia Code S 58.1-1000.  1    Sale or sell means the transfer of cigarettes from a dealer to another person, for consideration,  and includes the use of vending machines.  Stamp has the meaning given in Virginia Code $58.1-3832/2). Storage or store has the meaning given in Virginia Code S 58.1-1000. Use has the meaning given in Virginia Code $5 58.1-1000. Wholesale dealer has the meaning given in Virginia Code $58.1-1000.  Sec. 66-346 Levy and rate.  At tax upon the sale or use of cigarettes within the County is hereby imposed, at a rate of $0.40 for each cigarette sold, stored, or received. The tax payable for each cigarette sold or used within  the County shall be paid but once. State law reference - Va. Code S 58.1-3830. Sec. 66-347 Methods of collection.  A. Upon paying the tax imposed by this article, the taxpayer shall affix a stamp to the package for which the tax was paid, and shall report to the Board, in whatever form the Board provides. Stamps shall be affixed in such a manner that their removal will require continued application  ofv water or steam. The report to the Board shall include the following:  1. The quantity of cigarettes sold or delivered to: b. Each manufacturer's representative:  a. Each registered agent appointed by the Board for which no tax was collected;  Each person during the preceding calendar month;  2. The quantity of BRCTB-stamped cigarettes on hand on the first and the last day of the preceding month, the quantity of BRCTB stamps received during that month, and the guantity of BRCTB-stamped cigarettes received during that month; 3. The quantity of cigarettes on hand to which the BRCTB stamp had not been affixed on the first and last day of the preceding month, and the quantity of cigarettes received during that month to which the BRCTB stamp had not been affixed; and Any other information that the Board deems necessary to administer or enforce this B. Each registered agent shall report and pay the tax to the Board by the 10th day oft the following month and shall provide to the Board copies of all cigarette tax reports submitted to the Ifar registered agent is unable to show the Board that it has purchased sufficient stamps, relative to the cigarettes that it sold or used, there is aj presumption that those cigarettes were sold or used without the proper tax having been paid. The Board shall impose a penalty of 10 percent and may impose interest of 3/4 percent of the gross tax due per month. Ifar registered agent files a false report, fails to file a report, or acts to evade payment of the tax, the Board shall assess the tax and impose a penalty not to exceed 50 percent of the tax due and interest of 3/4 percent of the gross tax due per month. These taxes, penalties, and interest are due within 10 days after the Board issues notice of the deficiency.  article.  Virginia Department of Taxation.  2    E. Ar registered agent that receives cigarettes not bearing the BRCTB stamp shall, within one hour of receipt, commence, and diligently complete. affixing the BRCTB stamp to each - Ar registered agent that has notified the Board that it holds cigarettes for sale outside the jurisdiction of the Board, may hold such cigarettes without affixing the stamps required by this article. Any such cigarettes shall be kept separate from the BRCTB cigarettes, in sucha G. Ar registered agent that loses untaxed cigarettes, whether by negligence, theft, or any other H. Registered agents shall keep all records of cigarettes sold or used, whether stamped or unstamped, for three years, and shall make all such records available for examination by the  package.  manner as to prevent their commingling. means, shall pay the tax imposed by this article.  Board.  State law reference - Va. Code SS5 58.1-3830.3832.  Sec. 66-348 Registered agents.  A. Any person required to pay or report the tax under this article shall first file an application with the Board to qualify as a registered agent, in the manner specified by the Board, and provide a surety bond equal to 150 percent of its anticipated average monthly tax liability, made out by a surety company authorized to do business in Virginia. By filing an application, a person Upon receipt and review of an application and surety bond, the Board shall issue a registered B. When any registered agent's monthly report and payment of the tax is not received when due, a late reporting penalty of 10 percent of the tax due shall be assessed. The penalty shall be imposed on the day after the report and tax are due and, once it is imposed, it becomes apart of the tax. The Board mayrevoke or suspend any registered agent's permit for failure tot timely report or pay the tax, or if the registered agent's surety bond becomes impaired for C. All money collected as taxes under this article are held in trust by the dealer until remitted to D. The Board may conduct audits to determine any variance between the number of stamps purchased andi the number of stamps reported to have been purchased. An assessment shall be made for all unaccounted-for stamps. Assessment of registered agents located outside the jurisdiction of the Board shall be based upon the average sale by locality during the audit period. Assessments ofr registered agents located within the jurisdiction of the Board shall be based upon the tax rate of the jurisdiction in which they are located. Ap penalty forr not reporting  appoints the Board as its agent for service of process. agent permit to sell and use within the County.  any reason. the Board.  shall be assessed, in the same manner and amount as in subsection (b).  State law reference - Va. Code S5 58.1-3832. Sec. 66-349 Requirements for retail dealers.  A. Retail dealers shall purchase cigarettes only from a registered agent and give the registered agent the business trade name and address of the location where the cigarettes will be offered for sale to the public. Retail dealers cannot sell cigarettes that were previously purchased for personal use. Only licensed retail stores may sell cigarettes to the public. To be licensed, a retail store must have a valid Virginia state sales and use tax certificate and valid retail business license. Cigarettes must be purchased and stored separately for each  3    business location. Retail dealers shall retain copies of cigarette purchase invoices and receipts for three years and provide them to the Board upon request. The Board may seize aretail dealer's cigarettes for failure to provide cigarette invoices or receipts, until it is able to verify that the tax has been paid. The Board shall seize cigarettes found without the B. The Board may make a search of any location at which it reasonably suspects that cigarettes  appropriate stamp.  are kept. to ensure that all cigarettes are properly stamped.  State law reference Va. Code S 58.1-3832.  Sec. 66-350 Presumption of illegality; seizure of contraband goods, sealing/seizing of A. Ifany person is found to possess cigarettes without the proper tax stamp affixed, there is a rebuttable presumption that such cigarettes are untaxed in violation of this article. B. There is rebuttable presumption that cigarettes in a vending machine were placed there as an offer to sell. If a vending machine contains packages upon which the BRCTB stamp has not been affixed, or contains packages placed in a manner that does not allow inspection of the BRCTB stamp without opening the vending machine, there is a rebuttable presumption C. Cigarettes, vending machines, stamps, and other goods violating this article are contraband D. Additionally, the Board may seal a vending machine to prevent continued illegal sale or removal of cigarettes. The removal of a seal from a vending machine is a violation of this . The owner of a vending machine shall plainly mark it with the owner's name, address, and  machines.  that the machine contains untaxed cigarettes in violation of this article.  goods and may be seized by the Board.  article.  telephone number. Sec. 66-351 Illegal acts.  State law reference - Va. Code $58.1-3832.  Itis a violation of this article for any person:  A. To make any act or omission for the purpose of evading the full or partial payment of the tax imposed by this article, or to fail to obey a lawful order issued under this article; B. To falsely make, or cause to be made, an invoice or report; or to alter or counterfeit, or cause to be altered or counterfeited, any stamp; or to knowingly and willfully offer any false invoice C. Tos sell or offer for sale cigarettes upon which the BRCTB stamp has not been affixed or upon D. To use cigarettes upon which the BRCTB stamp has not been affixed or upon which the tax E. To transport or authorize the transportation of 1,200 cigarettes or more in the County upon which the BRCTB stamp has not been affixed or upon which the tax has not been paid, if they 1. Not accompanied by a receipt or other document indicating the true name and address of the seller and purchaser and the brands and quantity of cigarettes;  or report, or altered or counterfeited stamp; which the tax has not been paid; has not been paid; or  are:  4    2. Accompanied by a receipt or other document that is false; 3. Accompanied by a receipt or other document that fails to indicate that:  a. The non-Virginia purchaser is authorized by the law of that other jurisdiction to possess the cigarettes, and on which the taxes imposed by that other The Virginia purchaser possesses a Virginia Sales and Use Tax Certificate and  jurisdiction have been paid; or  any license required by the locality of destination;  F. To refill with cigarettes a stamped package from which cigarettes have been removed; G. To reuse or remove a stamp from a package with the intent to use it or cause it to be used again, after it has already been used to evidence the payment of the tax imposed by this  article; or  H. Tosell, offer for sale or distribute any loose or single cigarettes.  State law reference - Va. Code $5 58.1-3832. Sec. 66-352 Jeopardy assessment.  lfthe Board determines that the collection of a tax under this article would be jeopardized by delay, it shall assess the tax, along with penalties and interest, and mail or otherwise issue a notice of the assessment to the taxpayer, together with a demand for immediate payment. In such cases, immediate payment is required, regardless of the due date for paying and reporting the  tax under this article.  State law reference - Va. Code $658.1-3832, 58. 1-3832.1.  Sec. 66-353 Erroneous assessment: notices and hearings in event of sealing of vending A. Any person aggrieved by a tax, penalty, ori interest assessment or by a seal or seizure under this article may request a hearing before the Board, in the manner provided by the Board. B. The Board shall send notice within 24 hours of a seizure or sealing to each known holder of an interest in the property seized or sealed. Where the identity of a property interest holder is unknown at time of seizure or sealing, the Board shall post notice to a door or wall of the building that contained the seized or sealed property. The notice shall state the manner of requesting a hearing before the Board, as well as the affirmative defenses available under . Al hearing must be requested within 15 days of the date that notice was postmarked. The request must be on the form provided by the Board and set forth the reasons why the Board's action should be reversed. Within five days after receiving a request, the Board shall notify the requester, by the method selected on the request form, of the hearing date and time, where the Board will accept an informal presentation of evidence. The hearing shall be within 15 days of the date of that notification. A request for hearing shall be denied if the assessed tax, penalties, or interest has not been paid, or if the request is untimely. Within five days after the hearing, the Board shall notify the requester of its decision, by the method selected . The Board shall grant appropriate relief if it determines that seized or sealed cigarettes were int the possession of a person other than the requester without the requester's consent. Ift the Board determines that a tax, penalty, or interest was erroneously assessed, it shall refund  machines or seizure of contraband property.  this section.  on the request form.  5    the amount erroneously assessed and shall return any property seized or sealed to the  requester.  State law reference - Va. Code SS 581.3832.581-38321. Sec. 66-354 Disposal of seized property.  Any seized property used to evade a tax imposed by this article may be disposed of by sale or other method the Board deems appropriate, after the owner has exhausted its appeals. The credit  from any such sale shall not be credited to the owner. State law reference - Va. Code S5 58.1-3832.  Sec. 66-355 Extensions.  Ift the Board determines that good cause exists, it may grant an extension of up to 30 days to report or pay a tax. No interest or penalty shall accrue during such an extension.  State law reference - Va. Code $5 58.1-3832. Sec. 66-356 Penalty for violation of article.  Ap person convicted of violating a provision of this article shall be quilty of a misdemeanor, punished by a fine of not more than $2,500.00 or imprisonment for not more than 12 months, or both. Such person shall remain liable for any underlying tax, penalty, ori interest.  State law reference - Va. Code S 58.1-3832. Sec. 66-357 Each violation a separate offense.  Each violation of this article constitutes a separate offense. Each day that a violation continues  constitutes a separate offense. State law reference - Va. Code $58.1-3832. Sec. 66-358 Severability.  Ifany portion of this article is invalidated by a Court of competent jurisdiction, that decision shall not affect the remainder of the article; and the remainder of the article shall continue in full force  and effect.  State law reference - Va. Code $5 58.1-3832. Sec. 66-359 Application within towns.  The tax imposed by this article shall not apply within the limits of towns. However, if the governing body of a town provides that the county cigarette tax, as well as the town cigarette tax, applies within that town, then the tax imposed by this article shall be imposed within that town.  State law reference - Va. Code S 58.1-3830(B).  This ordinance shall be effective on and after January 1, 2022.  6    ,N Mark B. Taylor, do hereby certify that thei foregoing writing is ai true, correct copy of an Ordinance duly adopted by the Board of Supervisors of Greene County, Virginia, by a vote of 5_to_0  as recorded below, at a regular meeting held on November 9 2021.  Dwb  Clerk, Greene County BoarfofSupervisors  Aye Nay X X X X X  Bill Martin Marie Durrer Davis Lamb Dale Herring Steve Bowman  7    Board of Supervisors November 9, 2021 Attachment E  RESOLUTION TO ACCEPT AND APPROPRIATE FIFTY-ONE THOUSAND SIX HUNDRED SEVENTY-TWO DOLLARS FOR A PREMIUM PAY PERFORMANCE BONUS FOR COMPENSATION BOARD SWORN DEPUTY POSITIONS  WHEREAS, the Virginia General Assembly direct the State Compensation Board to award aj premium pay performance bonus to compensation board sworn deputy positions; and WHEREAS, the funds in the amount of fifty-one thousand six hundred seventy-two dollars ($51,672.00) need to be appropriated to the appropriate line item in the 2021-2022  budget of the County of Greene, Virginia.  NOW, THEREFORE, ITIS HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that fifty-one thousand six hundred seventy-two dollars ($51,672.00) be appropriated to the 2021-2022 budget of the County of Greene.  BEITFURTHER RESOLVED that the County Administrator oft the County of Greene, Virginia is authorized to make the appropriate accounting adjustments in the budget to do all  things necessary to give this resolution effect.  Adopted this gth day of November, 2021.  Motion: Dale Herring Second: Davis Lamb Recorded Vote: Steve Bowman Marie C. Durrer Dale R. Herring Davis Lamb Bill Martin Wihs William  Yes Yes Yes Yes_ Yes  ATTEST:  MAL Mark B. Taylor, Clerk Greene County  Bryan  Greene County/Board of Supervisors  Board  KAE  of Supervisors    Board of Supervisors November 9, 2021 Attachment F  RESOLUTION TO ACCEPT AND APPROPRIATE FOUR HUNDRED SIX THOUSAND NINE HUNDRED SEVENTEEN DOLLARS FROM THE FEDERAL GOVERNMENT FOR  A PREMIUM PAY PERFORMANCE BONUS FROM ARPA FUNDS  WHEREAS, Congress passed and the President signed the American Rescue Plan Act of WHEREAS, the County of Greene received funding and the funds will be used for qualifying expenditures incurred during the period that begins on March 1, 2021 and ends on December 24,  2021;and  2024; and  WHEREAS, the following funds in the amount of four hundred six thousand nine hundred seventeen dollars ($406,917.00) need to be accepted and appropriated to be spent from Federal ARPA funds to provide a premium pay performance bonus for Greene County employees, the employees of Greene County Constitutional Officers, the employees of the Greene County Department of Social Services, and the employees of the Greene County Registrar in the 2021-2022 budget of the County of  Greene, Virginia.  NOW,THEREFORE.ITISHEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia that four hundred six thousand nine hundred seventeen dollars ($406,917.00) be appropriated to be spent from Federal ARPA funds to provide aj premium pay performance bonus for Greene County employees, the employees of Greene County Constitutional Officers, the employees of the Greene County Department of Social Services, and the employees of the Greene County Registrar  int the 2021-2022 budget of the County of Greene, Virginia.  BE IT FURTHER RESOLVED that the County Administrator of the County of Greene, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things  necessary to give this resolution effect.  Adopted this gth day of November, 2021.  Motion: Steve Bowman Second: Marie Durrer Recorded Vote: Steve Bowman Marie C. Durrer Dale R. Herring Davis Lamb Bill Martin  Yes Yes Yes Yes Yes  Wlhis S Magf ATTEST: William B. Martin, fhair Greene County Board of Supervisors  Mark B. Taylor, Clerk Greene County Board of Supervisors    Board of Supervisors November 9, 2021 Attachment G  AN ORDINANCE TO ALLOW THE BOARD OF SUPERVISORS TO APPROVE. A PREMIUM PAY PERFORMANCE BONUS FOR GREENE COUNTY EMPLOYEES WHEREAS, on March 11, 2020 the World Health Organization declared the outbreak oft the novel coronavirus, SARS-CoV-2, and the disease it causes, commonly referred to as COVID-19, a pandemic (for reference in this ordinance, the virus and disease that it causes are referred to as WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Number Fifty-One ("EO-51") declaring a state ofe emergency for the Commonwealth ofVirginia because ofthe COVID-19 pandemic; E051 acknowledged the existence ofa public health emergency arising from the COVID-19 pandemic and that it constitutes a "disaster" as defined by Virginia Code S 44-146.16 because of the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, on March 13, 2020, Greene County declared a local emergency because of the WHERES, at a Special Session held in August, 2021, the Virginia General Assembly directed the award ofa $3,000.001 bonus to certain state-funded local law enforcement and prison employees on the basis of their status as essential employees and the risk of direct or indirect exposure to Covid-19 WHEREAS, as declared by Governor Northam in EO-51 and repeated frequently thereafter, all local government functions and employees are essential to maintaining the health and welfare of WHEREAS, all Greene County employees, the employees of Greene County Constitutional Officers and employees ofthe Greene County Department of Social Services and the Greene County Registrar who have remained regularly at work throughout the Covid-19 pandemic have been no less essential and at the same risk of direct or indirect exposure to Covid-19 as those state-funded WHEREAS, all Greene County employees, the employees of the Greene County Constitutional Officers, and employees of the Greene County Department of Social Services and the Greene County Registrar who have remained regularly at work have continued to provide essential services to support the health and welfare of the residents of the County during the local emergency WHEREAS, all Greene County personnel who have remained regularly at work have continued toj perform their duties and provide vital services to County residents often at increased risk tot their ownl health and safety whether by direct contact with citizens, customers, vendors and/or others WHEREAS, the Board of Supervisors appreciates and values Greene County employees and WHEREAS, the Board of Supervisors wishes to specifically acknowledge the commitment WHEREAS, federal guidelines provide that premium pay bonuses for qualified employees WHEREAS, Virginia Code $15.2-1508 sets forth the procedure, including the adoption ofan ordinance, by which the Board of Supervisors may provide for payment ofmonetary bonuses to county NOW, THEREFORE, BE IT ORDAINED, by the Board of Supervisors of Greene County,  "COVID-19");: and  COVID-19 pandemic; and  that is inherent in their work; and  local citizens; and  employees who have been awarded a bonus by the General Assembly; and  and the pandemic; and  or by contact with documents or things handled by such persons; and  theirl hard work; and  and hard-work of employees related to the COVID-19 pandemic; and may be paid out of American Rescue Plan Act ("ARPA") funds; and  officers and employees. Virginia that:    1. Monetary bonuses for employecs shall be considered by the County Administrator and may be awarded based on the determination of the County Administrator, in a total amount not to exceed $458,589.00 ($51,672.00 for state-funded sworn deputies and $406,917.00 for Greene County employees, the employees of Greene County Constitutional Officers, the employces of the Greenc County Department of Social Services and the employees of the Grecne County Registrar) which amount is hereby appropriated and must be awarded no later than December 31, 2021 at the discretion 2. A "bonus" shall be defined as a lump-sum payment to an officer or employee that is not part ofthat 3. Any permanent full-time or part-time employee may be eligible for a bonus, as determined by the  ofthe County Administrator. employce's base salary.  County Administrator and appropriated by this Ordinance.  This amendment shall take effect immediately upon passage.  ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON NOVEMBER 9,  2021.  Motion: Steve Bowman Second: Davis Lamb  Votes: Martin Durrer Bowman Herring Lamb  Yes Yes Yes Yes Yes  bh  6 haf  William Bryan Martin, Chairman Greene County Board of Supervisors  ATTEST  Greene County Board of Supervisors  Z6    Board of Supervisors November 9, 2021 Attachment H  A RESOLUTION OF THE GREENE COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY'S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID- RELATED CLAIMS AGAINST MCKESSON, CARDINAL HEALTH, AMERISOURCEBERGEN, JANSSEN, AND THEIR RELATED CORPORATE ENTITIES, AND DIRECTING THE COUNTY ATTORNEYTO EXECUTE THE DOCUMENTS NECESSARYTO EFFECTUATE THE COUNTY'SI FARTICIFATIONINTHE  SETTLEMENTS  WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the Commonwealth of Virginia and its cities and counties by adversely impacting, amongst other things, the delivery of emergency medical, law enforcement, criminal justice, WHEREAS, the Commonwealth of Virginia and its cities and counties have been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of WHEREAS, settlement proposals have been negotiated that will cause McKesson, Cardinal Health, AmerisourceBergen, and Janssen to pay up to $26 billion nationwide to resolve opioid- NOWTHEREFORE BEI ITRESOLVED that the Greene County Board of Supervisors, this 9th day of November, 2021, approves of the County's participation in the proposed settlement of opioid-related claims against McKesson, Cardinal Health, AmerisourceBergen, Janssen, and their related corporate entities, and directs the County Attorney to execute the documents necessary to effectuate the County's participation in the settlements, including the required release of claims ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON NOVEMBER  mental health and substance abuse services, and other services; and  Virginia; ;and  related claims against them;  against settling entities.  9,2021.  Mkh-hat Bill Martin, Chairyhan Motion: Dale Herring Second: Davis Lamb Recorded Vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Attest  Mark/Taylor, County Administrator  Yes Yes Yes_ Yes Yes    Board of Supervisors November 9, 2021 Attachment I  AF RESOLUTION OF THE GREENE COUNTY BOARD OF SUPERVISORS APPROVING OF THE COUNTY'S PARTICIPATION IN THE VIRGINIA OPIOID ABATEMENT FUND AND SETTLEMENT ALLOCATION MEMORANDUM OF UNDERSTANDING ("MOU") AND DIRECTING THE COUNTY ATTORNEYTO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE COUNTY'S WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the Commonwealth of Virginia and its cities and counties by adversely impacting, amongst other things, the delivery of emergency medical, law enforcement, criminal justice, WHEREAS, the Commonwealth of Virginia and its cities and counties have been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of WHEREAS, in order to advance their common interests, Virginia local governments and the Commonwealth of Virginia, through counsel, have extensively negotiated the terms of a memorandum of understanding relating to the allocation and use ofl litigation recoveries relating NOWTHEREFORE BEI ITI RESOLVED that the Greene County Board of Supervisors, this 9th day of November, 2021, hereby authorizes and approves of the Virginia Abatement Fund and Settlement Allocation Memorandum ofUnderstanding ("MOU")attached hereto and incorporated by reference as Exhibit "A," and directs the County Attorney to execute the MOU. ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON NOVEMBER  PARTICIPATION IN THE MOU  mental health and substance abuse services, and other services; and  Virginia; and  tot the opioid epidemic;  9,2021.  Attest  Mah-hat Bill Martin, Chairyan Motion: Dale Herring Second: Marie Durrer Recorded Vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  MarkTaylor, County Administrator  Yes Yes Yes Yes Yes