Board of Supervisors January 14, 2020 Sheet1 January 14, 2020 County of Greene, Virginia THE GREENE COUNTY BOARD OF SUPERVISORS MET ON TUESDAY, JANUARY 14, 2020, BEGINNING AT 6:30 P.M. IN THE COUNTY MEETING ROOM. Present were: Bill Martin, Chair Marie Durrer, Vice Chair Steve Bowman, Member Dalel Herring, Member Davis Lamb, Member Staff present: Mark B. Taylor, County Administrator Kelley Kemp, Assistant County Attorney Patti Vogt, Deputy Clerk Jim Frydl, Zoning Administrator Tracy Morris, Director of Finance Melissa Meador, Director of] Emergency Services RE: ELECTION OF CHAIR Upon motion by Marie Durrer, second by Dale Herring and affirmative roll call vote, the Board elected Bill Martin as Chair for calendar year 2020. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Abstained Yes Yes Yes Yes Motion carried. RE: ELECTION OF VICE CHAIR Upon motion by Dale Herring, second by Steve Bowman and affirmative roll call vote, the Board elected Marie Durrer as Vice Chair for calendar year 2020. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Abstained Yes Yes Yes Board of Supervisors January 14, 2020 Sheet 2 Motion carried. RE: CLOSED MEETING Board approved the following: Meeting the following matter(s): Ms. Kemp read the proposed resolution for closed meeting. Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body with respect to the Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body with respect to Consultation with legal counsel pertaining to actual or probable litigation, where such consultation in open meeting would adversely affect the negotiating or litigating posture of the Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel concerning RSA and WHEREAS, pursuant to: $2.2-3711(A)(I) (A)(3)(A)(7) (A)(8) of the Code of Virginia, NOW,THEREFORE, BEIT RESOLVED that thel Board ofSupervisors ofGreene County Planning Commission. the water impoundment facility and RSA. public body concerning Charlottesville Land case and Vanderveer BZA appeal. financing impacts. such discussions may occur in Closed Meeting; does hereby authorize discussion oft the aforestated matters in Closed Meeting. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: OPENI MEETING Board returned to open meeting. Recorded vote: Upon motion by Davis Lamb, second by Dale Herring and unanimous roll call vote, the Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. Board of Supervisors January 14, 2020 Sheet 3 By unanimous roll call vote, all members certified that only public business matters lawfully exempted from the open meeting requirement and only such matters as identified by the motion to enter into closed meeting were discussed. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes RE: APPOINTMENT TO GREENE COUNTY PLANNING COMMISSION Upon motion by Dale Herring, second by Marie Durrer and unanimous roll call vote, the Board appointed Michael Traber to the Greene County Planning Commission for a four-year term toe expire December 31, 2023. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. 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 Board approved the agenda as presented. Upon motion by Davis Lamb, second by Dale Herring and unanimous roll call vote, the Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: MATTERS FROMTHE PUBLIC Mr. James Henshaw said he was surprised at the unanimous vote on the acceptance ofa gift ofland at the last meeting and felt someone did not think it through very well. The property is a collection area for sediment and a wet land area. It will probably be used to walk pets which could lead to the spread of disease. The County will be responsible for everything that happens there from now on out and it will be al burden on the citizens of Greene County. Board of Supervisors January 14, 2020 Sheet 4 RE: CONSENT AGENDA Upon motion by Dale Herring, second by Marie Durrer and affirmative roll call vote, the Board approved the minutes of the December 10, 2019 meeting as presented. Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Abstained Yes Abstained Motion carried. RE: BYLAWS Mr. Bowman asked if "chair" or "chairperson" should be used instead of "chairman" Mr. Lamb suggested allowing speakers more than three minutes and to allow time to be yielded to another speaker. Mr. Herring said the current rule guarantees each person three minutes to speak. Mr. Martin said the Chair can allow additional time and! he feels everyone gets their point Mr. Herring clarified that meetings will begin at 6:30 pm with closed meeting. Upon motion by Dale Herring, second by Davis Lamb and unanimous roll call vote, the Board approved the bylaws for 2020 with the correction ofat typographical error. (See Attachment throughout the document. It was the consensus of the Board to use "chairman". across in three minutes. Mr. Martin noted a typo that should be corrected. "A") Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: CALENDAR FOR2020 Upon motion by Stevel Bowman, second by Marie Durrer and unanimous roll call vote, the Board approved the schedule of meetings for calendar year 2020 as presented. (See Attachment "B") Recorded vote: Bill Martin Marie Durrer Steve. Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: BOARD APPOINTMENTS Mr. Bowman said many of his constituents have expressed concern about emergency services. He has been in emergency services for over 50 years and would like to attend the Emergency Services meetings. Mr. Herring and Mr. Martin assured Mr. Bowman that he could attend any meeting he would like. Board of Supervisors January 14, 2020 Sheet 5 Upon motion by Marie Durrer, second by Steve Bowman and unanimous roll call vote, the Board made the following appointments: (See Attachments "C,D,E,F.G,H") Agricultural and Forestal District. Advisory Committee Central Virginia Regional Jail Authority Piedmont Workforce Network Council Rivanna River Basin Commission Social Services Board Davis Lamb Marie Durrer Marie Durrer Steve Bowman (alternate) Dale Herring Davis Lamb Dale Herring Yes Yes Yes Yes Yes Thomas Jefferson Planning District Commission Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Motion carried. Upon motion by Davis Lamb, second by Marie Durrer and unanimous roll call vote, the Board approved the appointments as discussed. (See Attachment "T") Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. RE: PUBLICHEARING- PROPOSED REVISIONS TOTHE GREENE COUNTYZ ZONING AND SUBDMVISIONORDINANCES PERTAINING TOI FORMS OF PERFORMANCE Mr. Frydl said staff is requesting revisions to the Zoning and Subdivision Ordinances to provide greater detail of the various forms of performance guarantees, the approval of In the past, guarantees were released in accordance with regulations at that time and improvements were never completed because there wasi no money. Thisi isaway to guarantee that The proposed changes will describe the purpose of performance guarantees, identify when they are: required for public and private improvements, define the forms that may be accepted, and clarify the amount of! performance guarantee including an escalation clause that requires an annual renewal increase based on1 the construction cost index. Thej process for approval of improvements and release of performance guarantees is outlined. No release will occur until the 'improvements have been approved and accepted by the state agency, local government department or agency, or other authority responsible for maintenance and operation ofs such improvements."The process of GUARANTEES improvements, and the release of the performance guarantees. the citizens receive everything they expect and the protection they deserve. Board of Supervisors January 14, 2020 Sheet 6 default and forfeiture of performance guarantees is defined and requires posting a performance guarantee for maintenance ofstreets that arej proposed tol become part ofthe state secondary street system. The proposed changes also add the requirement that public streets within a residential subdivision be accepted into the VDOT system before more than 80% of the building permits are The Planning Commission held two public hearings on the proposed revisions and Mr. Lamb said he thought interest earned on al bond should be placed in a fund to be used to complete the project. Mr. Frydl said any interest that comes to the county is a different revenue stream and it would be up to the Board to make a decision regarding allocation oft those funds. Mr. James Henshaw said the County tells him he is a developer because he has over five lots subdivided. He has not been invited to any meetings or asked for input. Local citizens who want to develop property do not get treated the same way as outside developers do. He gave Mr. Frydl credit for living up tol his word and said that was not the casei in the past. Mr. Henshaw said he has been discriminated against and anything the Board can do to make it fair and ensure staff issued. recommended approval with minor corrections. Thej public hearing was opened. does things as written would be appreciated. The public hearing was closed. In response to a question by Mr. Bowman about standards for street signs, Mr. Frydl said thei requirement is to meet State standards. Mr. Bowman asked what happens ifay project goes into default. Mr. Frydl said the County would follow the regular procurement process. Mr. Herring said this would prevent the situation that happened years ago where the developer passed away before the road was complete and the road was never brought up to VDOT standards. Mr. Frydl said it will mitigate those situations and the escalation clause will make sure there is enough Upon motion by Dale Herring, second by Steve Bowman 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 ordinance revision OR#19-001 as submitted. money. (See Attachment "J") Recorded vote: Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb Yes Yes Yes Yes Yes Motion carried. INTERESTSACT RE: PRESENTATION - FREEDOM OF INFORMATION ACT AND CONFLICT OF Ms. Kemp said the purpose of] FOIA is to provide transparency to citizens and others. If requested, the public can have access to public records and public meetings are open sO citizens can attend. A public record is any writing or recording, regardless of the format, that is prepared or owned by, or in the possession of a public body or its officers, employees or agents in the transaction ofbusiness. She said the easiest and safest way toi retain email records is to simply use the county issued email. Aj personal email account used to conduct business is still subject to FOIA regulations. Board of Supervisors January 14, 2020 Sheet 7 Ms. Kemp reviewed the definition ofa public meeting. Ift three or more board members are together and discuss county business, it is considered a meeting. Board members may all be FOIA requests do not have tol bei made in writing. Someone could ask a Board member for information at an event and that would be considered al FOIA request. She suggested making notes The County has 5 days toi respond to a FOIA request and can request an additional 7 days. FOIA requests need to be made by a resident of Virginia. Ms. Kemp said there are exclusions of The County can make reasonable charges for the actual cost incurred in responding to a Mr. Herring said aj post put on social media as a Board member becomes a public record. Mr. Taylor questioned who the custodian of the post would be. Ms. Kemp said it would be advisable to tread lightly in making statements on social media about public business. The Conflict of Interests Act basically says you cannot benefit or take bribes based on your position as a public official or employee. The Act covers bribes and other illegal behavior especially in ways that would personally benefit you. Ms. Kemp said officers and employees cannot accept money or other things of value for services performed within the scope of their official duties. Officials may not receive any gift (single or aggregate) of a value greater than Violations oft the Conflict ofInterests Act is considered a Class 1 misdemeanor which has maximum penalties of one year in jail and a fine of $2,500. A violation may be avoided by Mr. Martin asked if Ms. Kemp would rather board members not participate as elected officials on Facebook. Ms. Kemp said social media is a way to communicate with citizens but it Mr. Herring said the County can archive Facebook and individuals who post about county business would have to provide credentials sO their comments are included with the County's at the same event but cannot discuss county business. and informing Mr. Taylor. general application to public bodies. FOIA request and can be fined for violating FOIA requirements. $100. Gifts valued under $20 are: not subject to aggregation. requesting an advisory opinion from the Commonwealth's Attorney. iso ofcritical importance for the County tol have a way to retain records. archive. RE: PRESENTATION- WATER SERVICE FACILITYI FEE Mr. Frydl reviewed the history of the Greene County facility fee for infrastructure. We have a hybrid organization with RSA and Greene County each owning and owing for infrastructure. RSA operates the system but Greene County has made investments in sewer and water transmission lines and the sewer treatment plant which all comes with debt payments. Years ago, it was noted that the rate structure and billing of user rates by RSA did not include sufficient A facility fee of$10 per residential account and $20 per commercial account was approved by the Board of Supervisors on December 14, 2014 and' by RSA on. December 18, 2014. Representatives of Stantec, consulting firm, met with the Board and recommended the continuation and growth oft the facility fees in order to create ai revenue stream to fund the project. Inl May, 2018, the Board of Supervisors changed thei facility fee for residential customers from $10 to $20 per month. The increase was approved by the RSA Board on July 19, 2018. The Board of Supervisors, on August 28, 2018, approved a policy change for the facility fee from a per account charge to aj per edu basis and increased the fee from $20 to $30 for both funding to cover infrastructure debt payments. Board of Supervisors January 14, 2020 Sheet 8 residential and commercial. A public information meeting was held by the Board of Supervisors on September 18, 2018. The RSA Board approved the changes on September 20, 2018. Mr. Frydl said engineering is expected to be completed during the first quarter of2020 and property acquisition for the lake is almost complete. Acquisition of necessary easements is Mr. Lamb asked ift the fee for commercial edus went up to $301 the same as residential. Mr. Frydl said the fee for residential and commercial is $30 per edu (equivalent dwelling unit). Facility Mr. Bowman said he was concerned that revenue is not sufficient to pay the existing debt service, cover: needed upgrades, and fund the new water system. He: said he understands some of the funding for debt payments come from tax revenue but it still not enough to do what needs to Mr. Frydl said the total amount collected now may be slightly above the amount needed to pay for existing debt. Wheni newi infrastructure is built, we will have tol bill the appropriate amount to collect the revenue to pay for it. The facility fee is incrementally increasing. Recommendation from the consultant was to change the user billing in order to compensate for those additional costs Mr. Taylor said Mr. Bowman made a good point that the revenue has to be structured to cover the cost. The next layer of this project includes multiple pieces of engineering that should be completed soon. Ultimately this project will go out to bid and construction will begin on the water system, hopefully next spring, to implement the Board's] previously approved 50-year water supply plan. The challenge ist to do thei rate study work to ensure that the cost oft thei next borrowing The process for new projects includes the plans being sent to RSA for review and RSA comments on the adequacy and sufficiency of the existing water supply. Mr. Frydl said all site plans are: sent to all agencies for comments. Comments from RSA on the last rezone request were water and sewer was available on site and RSA had no objections to that application for rezoning. RSA comment on the proposed development of165 townhomes said there is sufficient capacity for water and sewer. Ifthere was a concern, we would start to see iti in the comments. Mr. Martin said the County will have to demonstrate that we have revenue available to cover the bond. Mr. Frydl said funds from the retirement ofexisting debt will be used to offset the Ini response to a question by Mr. Lamb about rates in Albemarle., Mr. Taylor said staffv will underway. fees for apartments are also based on the per edu rate. be done. as wel build. that will be necessary to fund construction will be paid by the revenue stream. cost of future infrastructure. compile a detailed comparison ofrates for review. RE: BUDGET PROCESS SCHEDULE Mrs. Morris said the budget process schedule for FY 2020-2021 is being presented as an item for first review and will be on the agenda for the January 28, 2020 for action by the Board. The: schedule: includes additional meetings that arei not part ofther regularmeeting: schedule adopted by the Board as part ofi its annual organizational meeting. Mr. Martin suggested Board members review the schedule and let Mrs. Morris know ift there are any conflicts. RE: LIAISON REPORTS Mrs. Durrer said the Central Virginia Regional Jail Board met last Thursday and a meeting with County Administrators toj present the proposed budget has been scheduled. Board of Supervisors January 14, 2020 Sheet 9 Mr. Herring said the Planning Commission reviewed the Capital Improvement Plan which will be before the Board at their next meeting. Recycling of glass is being discussed as noted in the Solid Waste Facility monthly report. A source has been found that will take glass in large quantities. TJPDC: is helping to look for ways to get glass to the location with little or no cost to localities. Mr. Herring said hei is waiting to hear thei results ofthe grant application for broadband. Mr. Martin said Greene Commons has been awarded a $10,000 grant from Bama Works and has hired an events manager. The EDA had a work session on Saturday to discuss their revolving loan fund program and a five-year plan. RE: COUNTY ADMINISTRATOR UPDATE Mr. Taylor said he and Dr. Whitmarsh discussed scheduling ai meet and greet work session for the Board of Supervisors and School Board as each Board has two new members. A work session is scheduled for. January 28 starting at 5:30 pm in the county meeting room. Mr. Taylor said at least half of the budget proposals and requests have been received and Representatives of the Virginia Fire Services Board will be here on Monday, January 27 for the Fire and EMS study. Mr. Taylor has a meeting scheduled at 10 a.m. and Board members can sit in or share thoughts/concems with him that he can relay to the study team. A town hall meeting will be held that evening at 7:30 p.m. in the county meeting room to allow residents to express their concerns related to Fire and EMS services in Greene County. The report may be Mr. Taylor said a date for thel kickoffofthei radio project has not been announced as ofyet. Mr. Taylor said he has requested a meeting with representatives oft the Department of] Rail and' Transportation and JAUNT to discuss the transition plan for Greene County Transit. thel budget construction process begins. ready as early as late February. RE: MONTHLY REPORTS Mr. Martin said there is a wealth ofinformation in the monthly departmental reports. Mr. Lamb said Board members are invited to the 25th anniversary celebration of Feeding RE: OTHER ITEMS FROMTHE BOARD Greene on. January 18. RE: ADJOURN Mr. Martin said there are still vacancies on various boards/commissions. The meeting was adjourned. NL hhat William Bryan Martin, Chair Greene County Board of Supervisors Greene County Board of Supervisors MB Board of Supervisors January 14, 2020 Attachment "A" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, ADOPTINGTHE BYLAWS OF THE BOARD OF SUPERVISORS, AS AMENDED WHEREAS, at the. Annual Organizational Meeting oft the Board of Supervisors, conducted as part of the first meeting in January each year, the Board amends and adopts its Bylaws; and WHEREAS, the Board has reviewed, discussed, and considered suggested amendments NOW,THEREFORE, BEI ITI RESOLVED that the Greene County Board of Supervisors BE IT FURTHER RESOLVED that these amended Bylaws be posted on the Greene toi its Bylaws; does hereby adopt the Bylaws oft the Board of Supervisors, as amended; and County website for public access. ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON JANUARY 14, 2020. Motion: Second: Votes: Bowman: Yes Durrer: Herring: Yes Lamb: Martin: Dale Herring Davis Lamb Yes Yes Yes Nib a Mhat William Bryan Mytin, Chair ATTEST: Mark AABA Adopted January 14, 2020 GREENE COUNTY BOARD OF SUPERVISORS BYLAWS SECTION 1 - PURPOSE AND BASIC PRINCIPLES Section 1-1 Purpose of Bylaws and Rules of Procedure A. ToenableCounty government tot transact business expeditiously and efficiently; B. Top protect the rights ofeach individual; C. Top preserve a spirito ofcooperation among Board members; and D. To determine the pleasure oft the Board on any matter. Section 1-2 Five Basic Principles Underlying Bylaws and Rules of Procedure A. Only one: subject may claim the attention ofthe Board at one time; B. Each item presented for consideration is entitled toi full and free discussion; C. Every member has rights equal to every other member; D. The will oft the majority must be carried out, and the rights oft the minority must be preserved; E. Board members should work asacollaborative body to promote effective government. SECTION: 2 - MEETINGS Section 2-1 Regular Meetings A. There will be a regular monthly meeting on the second and fourth Tuesday of each month beginning at 6:30 p.m. The meetings will be held at the County Administration Building located at 40 Celt Road, Stanardsville, VA 22973. A yearly calendar will be developed at the annual B.V Whenaregularly scheduled meeting falls on'al legal holiday, the meeting shall bel held on the C. Ifthe Chairman, in consultation with the County Administrator, finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting. the meeting shall be postponed and all items on the agenda shall be deferred one week to the following Tuesday. Such finding shall be communicated to the members and the press as promptly as possible and all reasonable efforts shall be made to notify the public including, but not limited to, providing such notice on the County web site or by electronic means. organzationalmeeting. followingThursday. D. Ifthe Chairman, inconsultation withtheC County Administrator, findsando declares that moret than thes standard time allocated for Closed Meeting is needed for a particular meeting or1 that a work session is needed prior to the normal starting time for ai regular meeting, the meeting start time may be adjusted to a time earlier than 6:30 p.m. Such finding shall be communicated to the members and the press as promptly as possible and alli reasonableefforts shalll bei made tor notify the public including, but not limited to, providing such notice on the County web site or by E. From timet to time, the Board may act in open meeting to add meetings to its approved meeting schedule for sucht things asj jointr meetings with the School Board or other entities, work sessions on various topics, or budget work sessions. Notice of such additional meetings shall be communicated to the members and the press as promptly as possible and all reasonable efforts shall be made to notify the public including, but not limited to, providing such notice on the electronic means. Countywebsiteorbyelectroniemeans. Section 2-2 Special Meetings Thel Board mayl hold such special meetings, asi it deems necessary, at such times and places asi it may find convenient; and it may adjourn from time to time. The Chairman or two (2) or more members myallagpasialmetingena. Boardins suchan mannerasp prescribedb by Section 15.2- 1418 ofthe Code of Virginia (1950), as amended. Only matters specified int the notice shalll be considered unless all ofthei members ofthel Board are! present. Wherea aspecial meeting has been called the Board shall give to the media and general public such notice oft the time, place and urposeotthemeetingasisfeasibic. Section 2-3 Annual Organizational Meetings A. The first meeting held after the newly elected members of the governing body shall have qualified and the first meeting held in the corresponding month ofeach succeeding year shall be known as the annual meeting. The County Administrators shallp presideduring the electiono ofthe B. The Chairman: shalll be elected att theannual organizationalmeeting. immediately followingany initial closed meeting, for at term ofone year, buts shall continue tos serveuntil sucht timea asanew C. Following thee election ofthe Chairman, he/she will assumei the chair and conduct the electionof Chairmanofthe) Board. Chaimaniselsued.Thechimmyieadhimselthenelimolie: the Vice Chairman. D. olowmgtnectectionormeyiceChaimman, thel Boardshall: 1. 2. 3. Adoptmeyeatycatemaarlorboar.mecings Voteonliaisonassignmentsasrequired Adopt its Bylaws. 2 Section 2-4 Quorum and Method of Voting A. At any meeting, a majority of the Supervisors shall constitute a quorum. All resolutions, ordinances, and closed session certifications shall be determined by a recorded roll call voice vote. All other matters may be determined by consensus or voice vote, or a roll call vote at the discretion of the Chairman. B.N Members abstaining shall state: for the record their reason for abstaining. C. Atiev vote fails. Section 2-5 Board to Sit In Open Session The Board shall sit in open session and all persons conducting themselves in an orderly manner may attend the meetings; provided, however, the Board may conduct Closed Meetings as permitted under the Virginia Freedom ofInformation Act. Section 2-6 Closed Meetings Virginia (1950), asamended. A. Closed Meetings may only be convened in conformance with Section 2.2-3711 of the Code of B. No resolution, ordinance, rule, contract, regulation or motion agreed to in a Closed Meeting shall become effective until the Board reçonvenes in an open session and takes a vote of the membership on such resolution, ordinance, rule, contract or regulation or motion which shall have C. At the conclusion ofa Closed Meeting, the Board shall reconvene in open session immediately thereafter and shall takea roll call vote certifying that tot thel best ofeach members' knowledge: its substance reasonably identified in the openmeeting. 1. 2. 3. Only public business matters lawfully exempted from open session requirements were Only public business matters identified in the motion convening the Closed Meeting Any member who believes that there was a departure from the above requirements shall sO state prior to the vote, indicating the substance of the departure that, in his/her discussed; and were heard, discussed orconsidered. judgment, has takenplace. D. The Board may permit non-members to attend a Closed Meeting if their presence will reasonably aid the Board ini its consideration ofanissue. SECTION. 3 -- OFFICERS Section 3-1 Chairman and Vice Chairman A. The Chairman shall preside over all meetings of the Board of Supervisors. Upon the death, resignation or other permanent disability of the Chairman to fulfill the duties of his office, the Board shall elect a new Chairman at its next regularly scheduled meeting or as soon thereaftera as possible. 3 B. The Vice-Chairman shall preside over all meetings of the Board of Supervisors when the Chairman is unable to attend or in absence ofa Chairman due to death, resignation or permanent disability until thel Board elects ai new Chairman inaccordance with Section 3-1.A. Section 3-2 Clerk The Clerk of the Board shall be the County Administrator. The County Administrator may appoint one or more members oft the County staff to serve as Deputy Clerk ofthe Board. Section 3-3 Parlamentarian The County Attorney shall serve as the Parliamentarian for the purpose of interpreting these Bylaws and Rules ofl Procedure and Robert's Rules of Order as may be directed by the Chairman, or as required as a result of a point of order raised by any one or more Board members. Ift the County Attorney is unavailable, the County Administrator shall serve as the Parliamentarian. Section 3-4 Preservation of Order A. At meetings ofthel Board, the presiding officer shall preserve order and decorum. B. The Board encourages citizens to work through problems at the department and/or administrative C. Board meetings should not be used asai forum for political activity or campaigning. D. The Board will focus on issues and avoid making public comments about individuals, staff members, fellow Board members, community residents or mediarepresentatives, levels before coming to thel Board. SECTION. 4- CONDUCT OF BUSINESS Section 4-1 Public Hearings Public hearings arel held as required to receive community input and citizen comment. 1. Any person desiring to speak shall sign up prior to the meeting and write down their contact 2. Speakers will be allowed three (3) minutes oft time or longer based on the Chairman's information ifthey want ar response. discretion. Speakers may not yield their time toothers. 3. The Chairman will monitor timeand maintain decorum. Section 4-2 Matters From the Public A. The Board will set aside time for matters from the public on each meeting agenda to: receive comments on any item not scheduled fora aj public hearing. B. Procedures for matters from thej public are: as follows: 4 1. All persons wishing tos speak shall sign up prior tos speaking. 2. All speakers shall speak from the microphone and state their name prior tot their comments. 3. Speakers will be allowed three (3) minutes oft time orl longer based on the Chairman's discretion. 4. Speakers may not yield their time toothers. 5. The Chairman will monitor time and maintain decorum. C. The Board will not engage with the citizens in discussion or debate ofany comment received. Section 4-3 Consent Agenda The Chairman and County Administrator shall style routine, non-controversial matters requiring Board action on a Consent Agenda. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of any Board member present. Only one motion is necessary to adopt all recommendations and action items on the Consent Agenda. Section 4-4 Other Matters from the Board The Board will follow the procedure oftaking no action on items introduced at thetable under the category of other matters from the Board members or the County Administrator. If an item is presented for the first time during the course of business by Board members or the County Administrator, any action will be deferred until the next meeting of the Board. Exception will be made by unanimous consent oft the! Board. Section 4-5 Motions A. A substitute motion may be made by any member to any motion properly on the floor. Once seconded, the substitute motion shall take precedence and all debate or action on the existing motion shall cease until the substitute motion is decided. Debate on a substitute motion is permissible. If the substitute motion is passed by a majority vote oft the members then present, the original motion is supplanted by the substitute motion. A second substitute motion can be made only after the first substitute motion is decided by vote of the Board. No more than two substitute motions may be made on anyagenda item. B. No Board member shall abstain from any vote unless there isa a conflict ofinterest. C. Ina accordance with the Code of Virginia, a recorded affirmative vote ofa majority oft the entire Board shall be required to pass any ordinance or resolution imposing taxes, authorizing the borrowing ofr money, or appropriating funds in excess of$500.00. Section 4-6 Supplemental Appropriations Supplemental appropriation requests ofl local funds will require a second reading. 5 Section 4-7 Amendment of] Rules These Bylaws may be amended by majority vote oft the entire membership. Section 4-8 Robert's Rules ofOrder The proceedings of the Board, except as otherwise provided in the Bylaws and Rules of Procedure and by applicable State law, shall be guided by Robert's Rules ofOrder. SECTIONS- AGENDA Section 5-1 Preparation A. The Chairman and the County Administrator will set the agenda for meetings. Any Board member can add an item to the agenda, coordinating with the Chairman and the County Administrator to determine when the matter will bes scheduled for Board consideration. B. Items requested to be on the agenda must be submitted in writing eight (8) working days prior to the meeting to allow for distribution of agenda to the media and for circulation of packet to the Board members. All correspondence addressed to the Chairman and/or to Board Members, that is included in the Board packet, must provide a telephone number and a return address. Individuals and/or departments wishing to provide information to the Board after the stated deadline will be required to mail such information directly to the mailing addresses ofi individual Board Members Persons wishing to appear before the Board are directed to contact the County Administrator or D. The Clerk of the Board shall prepare or cause to be prepared extra copies of the agenda and shall make the same available to the public in the Office of the County Administrator. The Clerk shall also have copies available at each meeting. The Clerk shall post the agenda in such public places in the County as shall give the public as much notice oft the agenda as is feasible. with a copy to the County AdministratorsOfice. Board Clerk, to be placed on theagenda. SECTION 6-1 BOARD APFOINTMENIS Section 6-1 Board of Supervisors Liaison Appointments partnerships, and other boards as required. A. The Board, by majority vote, may establish Board liaison positions for departments, committees, B. The role oft the liaison is to facilitate communication. The liaison will report on matters that may come before the Board or could have ai future impact on the Board, staff and citizens of Greene. The liaison as an individual has no authority to act for the Board unless given that authority by majority vote during an established regular meeting. Section 6-2 Citizen Appointments All appointments of citizens, other than members of the Board of Supervisors, shall be made by a majority vote of Board members present. 6 SECTION7- GENERAL OPERATING POLICY Section 7-1 Actions by Individual Members of the Board A. Board members will refrain from taking individual actions that require expenditure of public funds or significant stafftime regarding matters noti in furtherance ofBoard action. B. In responding to questions from the media and citizens, Board members shall not speak for the entire Board without authorization or make any comment on executive session matters as pursuant to Section 2.1-344 of the Code of Virginia. The media should be referred to the Chairman or the County Administrator regarding any official action ofthe Board. 7 Board of Supervisors January 14, 2020 Attachment "B" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, ADOPTING THE 2020 MEETING SCHEDULE FOR THE BOARD OF SUPERVISORS WHEREAS, at the Annual Organizational Meeting ofthel Board ofSupervisors, conducted as part of the first meeting in January each year, the Board adopts its meeting schedule for that calendar year; and WHEREAS, the Board also desires to set the date ofthe first meeting in 2021, which also NOW,THEREFORE, BEI IT RESOLVED that the Greene County Board of Supervisors BEI ITI FURTHER RESOLVED that the 2020 Meeting Schedule be posted on the Greene County website for public access and distributed as appropriate by the Clerk to the Board. ADOPTED BYTHE GREENE COUNTY BOARD OF SUPERVISORS ON JANUARY14, serves as its Annual Organizational Meeting; does hereby adopt its 2020 Meeting Schedule as presented; and 2020. Motion: Second: Votes: Bowman: Yes Durrer: Herring: Yes Lamb: Martin: Steve Bowman Marie Durrer Yes Yes Yes WLMat William Bryan Marin, Chair ATTEST: Malbak Mark B. Taylor, Clerk 2020 BOARD OF SUPERVISORS MEETING SCHEDULE Meeting Date January 14,2020 January 28, 2020 February 11,2020 February 25,2 2020 March 10, 2020 March2 24, 2020 April 14, 2020 April 28,2 2020 May 12, 2020 May 26,2 2020 June 9,2 2020 June 23, 2020 July 14,2020 July28,2020 August 11,2020 August 25, 2020 September 8, 2020 September 22, 2020 October 13,2020 October 27,2 2020 November 10, 2020 November 24, 2020 December 8, 2020 January 12,2021 January 26, 2021 Board of Supervisors January 14, 2020 Attachment "C" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, APPOINTING A MEMBER OF THE BOARD OF SUPERVISORS TO THE AGRICULTURAL AND FORESTAL DISTRICT ADVISORY COMMITTEE WHEREAS, at the. Annual Organizational Meeting ofthel Board of Supervisors, conducted as part oft the first meeting in January each year, the Board makes appointments to various entities; and WHEREAS, the Board desires to appoint its voting member to serve on the Agricultural NOW,THEREFORE, BEITI RESOLVED that the Greene County Board of Supervisors does hereby appoint Davis Lamb as its voting representative on the Agricultural and Forestal ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON JANUARY14, and Forestal District Advisory Committee; District. Advisory Committee. 2020. Motion: Marie Durrer Second: Steve Bowman Votes: Bowman: Yes Durrer: Herring: Lamb: Martin: Yes Yes Yes Yes ATTEST: Ah-hht William Bryan Martin, Chair Clerk MER Board of Supervisors January 14, 2020 Attachment "D" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, APPOINTING A MEMBER OF THE BOARD OF SUPERVISORS TO THE CENTRAL VIRGINIA REGIONAL JAIL AUTHORITY WHEREAS, at the Annual Organizational Meeting ofthel Board of Supervisors, conducted as part oft the first meeting in January each year, thel Board makes appointments to various entities; and WHEREAS, the Board desires to appoint its voting member to serve on the Central NOW,THEREFORE, BE ITI RESOLVED that the Greene County Board of Supervisors does] hereby appoint Marie Durrer asi its voting representative on the Central Virginia Regional Jail ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON JANUARY 14, Virginia Regional Jail Authority; Authority for the calendar year 2020. 2020. Motion: Marie Durrer Second: Steve Bowman Votes: Bowman: Yes Durrer: Herring: Lamb: Martin: Yes Yes Yes Yes ATTEST: lb, hat: William Bryan Martin, Chair Cler AAB7 Board of Supervisors January 14, 2020 Attachmeht "E" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, APPOINTING MEMBERS OF THE BOARD OF SUPERVISORS TOTHE PIEDMONT WORKFORCE NETWORK COUNCIL WHEREAS, at the Annual Organizational Meeting ofthel Board of Supervisors, conducted as part ofthe first meeting in. January each year, the Board makes appointments to various entities; and WHEREAS, the Board desires to appoint its voting member and alternate to serve on the NOW,THEREFORE, BEI IT RESOLVED that the Greene County Board of Supervisors does hereby appoint Marie Durrer as its voting representative and Steve Bowman as its alternate ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON JANUARY 14, Piedmont Workforce Network Council; on the Piedmont Workforce Network Council for the calendar year 2020. 2020. Motion: Second: Votes: Bowman: Yes Durrer: Herring: Lamb: Martin: Marie Durrer Steve Bowman Yes Yes Yes Yes Aib-that William Bryan Mntin, Chair ATTEST: Mark B. Taylor, Clerk Board of Supervisors January 14, 2020 Attachment "F" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, APPOINTING A MEMBER OF THE BOARD OF SUPERVISORS TOTHE RIVANNA RIVER BASIN COMMISSION WHEREAS, at the Annual Organizational Meeting ofthel Board ofs Supervisors, conducted as part oft the first meeting in January each year, thel Board makes appointments to various entities; and WHEREAS, the Board desires to appoint ai member to serve on the Rivanna River Basin NOW,THEREFORE, BEITI RESOLVED that the Greene County Board of Supervisors does hereby appoint Dale Herring as its voting representative on the Rivanna River Basin ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON JANUARY 14, Commission; Commission for the calendar year 2020. 2020. Motion: Marie Durrer Second: Steve Bowman Votes: Bowman: Yes Durrer: Herring: Yes Lamb: Martin: Yes Yes Yes Milba ATTEST: b-hhat B William Bryan Martin, Chair Mark B.-Taylor,Clerk Board of Supervisors January 14, 2020 Attachment "G" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, APPOINTING Al MEMBER OF THE BOARD OF SUPERVISORS TOTHE GREENE COUNTY SOCIAL SERVICES BOARD WHEREAS, at the. Annual Organizational Meeting ofthel Board of Supervisors, conducted as part ofthe first meeting in. January each year, the Board makes appointments to various entities; and WHEREAS, thel Board desires to appoint its voting member to serve on the Greene County NOW,THEREFORE, BEI ITI RESOLVED that the Greene County Board of Supervisors does hereby appoint Davis Lamb asi its votingr grepresentative on the Greene County Social Services ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON. JANUARY 14, Social Services Board; Board for calendar year 2020. 2020. Motion: Marie Durrer Second: Steve Bowman Votes: Bowman: Yes Durrer: Herring: Yes Lamb: Martin: Yes Yes Yes Wbhhat Bryan Mayin, Chair ATTEST: William MALBSL Mark B. Taylor, Clerk Board of Supervisors January 14, 2020 Attachment "H" RESOLUTION OF THE BOARD OF SUPERVISORS OF GREENE COUNTY, VIRGINIA, APPOINTING Al MEMBER OF THE BOARD OF SUPERVISORS TO' THE THOMAS JEFFERSON PLANNING DISTRICT COMMISSION WHEREAS, at the Annual Organizational Meeting ofthel Board of Supervisors, conducted as part oft the first meeting in January each year, the Board makes appointments to various entities; and WHEREAS, the Board desires to appoint its voting member to serve on the Thomas NOW,THEREFORE, BEI ITI RESOLVED that the Greene County Board of Supervisors does hereby appoint Dale Herring as its voting representative on the Thomas Jefferson Planning ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON JANUARY1 14, Jefferson Planning District Commission; District Commission for calendar year 2020. 2020. Motion: Marie Durrer Second: Steve Bowman Votes: Bowman: Yes Durrer: Herring: Yes Lamb: Martin: Yes Yes Yes ATTEST: Mh.haf William Bryan Chair Martin, Clerk M1G- MarkB.Taylor, Board of Supervisors January 14, 2020 Attachment "I" APPOINTMENTS ANDLIAISON ASSIGNMENTS OF BOARD MEMBERS-2020 Steve Bowman Board of Zoning Appeals? Planning Commission" School Board Piedmont Workforce Network Council (alternate)* Marie Durrer Central Virginia Regional Jail Authority* Jefferson Area Board for Aging* Piedmont Workforce Network Council* Dale) Herring Emergency ServicesA Thomas Jefferson Planning District Commission* County Administrator's Broadband Advisory Committee- Rivanna River Basin Commission* County Administrator's Water Supply and' Treatment Project Advisory Committee Davis Lamb Agricultural & Forestal District Advisory Committee* Culpeper Soil and Water Conservation District" Ruckersville Advisory Committee* Social Services Board* Bill Martin Economic Development Authority Board Stanardsville Town Council County Administrator's Water Supply and' Treatment Project Advisory Committee *Appointment Requiring Resolution Appointment by Chair or Board Motion -Appointment by County Administrator Board of Supervisors January 14, 2020 Attachment "J" 0-2019-012 AN ORDINANCE AMENDING ARTICLE 19-5, OF THE GREENE COUNTY ZONING ORDINANCE, AND SECTIONS 4-2-3, SECTION 6-4, AND SECTION 7 OF THE GREENE COUNTY SUBDIVISION ORDINANCE. IN GENERAL, THIS REQUEST PROVIDES GREATER DETAIL OF THE VARIOUS FORMS OF PERFORMANCE GUARANTEES, THE APPROVAL OF MPROVEMENTS, AND THE RELEASE OF THE PERFORMANCE GUARANTEES. ARTICLE 19-5-2, OF THE ZONING ORDINANCE, IS REVISED TO REQUIRE THAT A PERFORMANCE GUARANTEE BE PROVIDED PRIOR TO THE APPROVAL OF A FINAL SITE PLAN. ARTICLE 19-8 OF THE ZONING ORDINANCE AND SECTION 7-2-1 OF THE SUBDIVISION ORDINANCE INCLUDE NEW LANGUAGE THAT ADDRESSES PERFORMANCE GUARANTEES. SECTION 7-2-1 ALSO ADDS A NEW RESTRICTION THAT BUILDING PERMITS SHALL NOT BE ISSUED FOR MORE THAN 80% OF THE LOTS IN A PHASE OF A RESIDENTIAL SUBDIVISION WITH PUBLIC STREETS UNTIL THE PUBLIC STREETS HAVE BEEN ACCEPTED INTO THE STATE SYSTEM. ARTICLE 19-8-1 OF THE ZONING ORDINANCE AND SECTION 7-2-2 OF THE SUBDIVISION ORDINANCE WOULD NOW REQUIRE A GUARANTEE TO ENSURE THE COMPLETION OF PUBLIC AND PRIVATE INFRASTRUCTURE AND LANDSCAPING THAT ARE REQUIRED AS PART OF SITE PLAN BUT NOT INSTALLED BEFORE OCCUPANCY OF THE DEVELOPMENT. ARTICLE 19-8-2 OF THE ZONING ORDINANCE AND SECTION 7-2-3 OF THE SUBDIVISION ORDINANCE STATE THAT A DEVELOPER SHALL FURNISH A PERFORMANCE GUARANTEE IN THE FORM OF A CORPORATE SURETY BOND, A CASH ACCOUNT, AN IRREVOCABLE LETTER OF CREDIT OR A CASH ESCROW ACCOUNT AND LISTS THE REQUIREMENTS FOR SURETY. ARTICLE 19-8-3OF' THE. ZONING ORDINANCE AND SECTIONS 7-2-4AND 7-2- 5 OF THE SUBDIVISION ORDINANCE STATE THAT PERFORMANCE GUARANTEES SHALL BE ATLEAST 110% OF THE ESTIMATED FULL COST OF THE PROJECT. THE COSTS SHALL BE ITEMIZED BY A LICENSED ENGINEER OR OTHER QUALIFIED PROFESSIONAL AND ARE SUBJECT TO APPROVAL BY THE PLAN AGENT. THE GUARANTEE SHALL RENEW ANNUALLY AND SHALL INCREASE OR DECREASE ACCORDING TO THE CONSTRUCTION COST INDEX, AND THAT THAT NO FINAL SUBDIVISION SITE PLAN SHALL BE APPROVED WITHOUT A PERFORMANCE GUARANTEE IN PLACE. ARTICLE 19-8-4 OF THE ZONING ORDINANCE AND SECTION7-3-1 OF THE SUBDIVISION ORDINANCE DEFINE THE. APPROVAL PROCESS AND THE RELEASE OF PERFORMANCE GUARANTEES. THE DEVELOPER MAY REQUEST A RELEASE OR A PARTIAL RELEASE OF A PERFORMANCE GUARANTEE BY SUBMITTING A CERTIFICATION FROM A PROFESSIONAL ENGINEER OR CONTRACTOR THAT ALL GUARANTEED SITE IMPROVEMENTS HAVE BEEN COMPLETED ACCORDING TO APPROVED SPECIFICATIONS. SECTION 7-3-1 IS ALSO CHANGED TO REMOVE THE REQUIREMENT THAT THE REQUESTED RELEASE IS BY CERTIFIED OR REGISTERED MAIL. ARTICLE 19-8-4.2 OF THE ZONING ORDINANCE AND SECTION 7-3-1.1 OF THE SUBDIVISION ORDINANCE ADD LANGUAGE THAT WILL GRANT THE RELEASE OF A PERFORMANCE GUARANTEE AFTER THE COUNTY HAS PERFORMED NECESSARY INSPECTIONS AND HAS CERTIFIED IN WRITING THAT SAID IMPROVEMENTS HAVE BEEN ACCEPTED BY A STATE AGENCY (OR OTHER) RESPONSIBLE FOR THE MAINTENANCE OF SUCH IMPROVEMENTS; THE DEVELOPER HAS REIMBURSED THE COUNTY FOR ALL COSTS ASSOCIATED WITH CONDUCTING THE INSPECTIONS; THE DEVELOPER HAS PROVIDED THE PLAN AGENT ASSURANCES THAT LIENS AGAINST THE INFRASTRUCTURE IMPROVEMENTS WILL NOT BE FILED AFTER THEIR ACCEPTANCE BY THE COUNTY; AND THE DEVELOPER HAS PROVIDED THE PLAN 0-2019-012 AGENT ANY REQUIRED MAINTENANCE GUARANTEE FOR SAID IMPROVEMENTS. ARTICLE 19-8-4.3 OF THE ZONING ORDINANCE AND SECTION 7-3-2 OF THE SUBDIVISION ORDINANCE STATE THAT THE PLAN AGENT SHALL RELEASE THE PERFORMANCE GUARANTEE WITHIN 30 OF RECEIVING THE WRITTEN REQUEST UNLESS THE SITE PLAN AGENT NOTIFIES THE REQUESTOR IN WRITING OF THE NONRECEIPT OF APPLICABLE STATE AGENCY APPROVAL OR OF SPECIFIED DEFECTS OR DEFICIENCIES. IF THE PLAN AGENT FAILS TO ACT ON A REQUEST FOR RELEASE WITHIN 30 DAYS, THAT REQUEST SHALL BE DEEMED APPROVED AND A PARTIAL RELEASE GRANTED. IN THESE INSTANCES, THE DEVELOPER MUST SUBMIT A SECOND WRITTEN REQUEST FOR THE FULL RELEASE OF THE SURETY. IF THE PLAN AGENT FAILS TO ACT WITHIN 10 DAYS OF RECEIPT, THE REQUEST SHALL BE DEEMED APPROVED. FURTHER, NO PERFORMANCE GUARANTEE SHALL BE PARTIALLY RELEASED UNTIL AT LEAST 30% OF THE GUARANTEED IMPROVEMENTS HAVE BEEN COMPLETED. NO PERFORMANCE GUARANTEE SHALL BE REDUCED TO LESS THAN 10% OF THE FULL AMOUNT OF THE GUARANTEE UNTIL CONSTRUCTION HAS BEEN COMPLETED. ARTICLE 19-8- 4.4 OF THE ZONING ORDINANCE AND SECTION 7-3-3 OF THE SUBDIVISION ORDINANCE STATE THAT IF A DEVELOPER FAILS TO COMPLETE THE GUARANTEED IMPROVEMENTS THE SITE PLAN AGENT SHALL GIVE THE DEVELOPER 30 DAYS' NOTICE OF THE DEFAULT. AFTER 30 DAYS, THE COUNTY MAY DRAW ON THE SECURITY AND USE THE FUNDS TO COMPLETE THE NECESSARY WORK. ARTICLE 19-8-4.5 OF THE ZONING ORDINANCE AND SECTION 7-3-4 OF THE SUBDIVISION ORDINANCE STATE THAT IF STREETS WITHIN A SUBDIVISION ARE PROPOSED FOR DEDICATION FOR PUBLIC US ANDT THE STREETS ARE NOT ACCEPTED INTO THE STATE SYSTEM, THE DEVELOPER SHALL PROVIIDE A MAINTENANCE SURETY PRIOR TO THE APPROVAL OF THE FINAL PLAT OR THE FINAL RELEASE OF A SURETY. THE DEVELOPER SHALL PROVIDE A CERTIFIED CHECK, BOND, OR LETTER OR CREDIT TO THE COUNTY FOR THE CONTINUED MAINTENANCE OF THE STREETS OR OTHER IMPROVEMENTS. (OR#19-001) WHEREAS, Sections 15.2-1427 and 15.2-1433 of the Code of Virginia, 1950, as may be amended from time to time, enable a local governing body to adopt, amend and codify ordinances or WHEREAS, Sections 15.2-2280, 15.2-2285, and 15.2-2286 of the Code of Virginia, 1950, as WHEREAS, it is desired to amend Article 19-5, of the Greene County Zoning Ordinance, and Sections 4-2-3, Section 6-4, and Section 7 of the Greene County Subdivision Ordinance in order to promote the efficient and effective administration of the County's zoning and subdivision WHEREAS, this amendment of the Greene County Zoning Ordinance and Greene County Subdivision Ordinance is required to serve the public necessity, convenience, general welfare, and good zoning practice pursuant to Section 15.2-2286(A)(7) oft the Code of Virginia, as amended; and WHEREAS, on November 20, 2019, the Greene County Planning Commission held aj public hearing on this matter and all of those who spoke on this topic were heard; and portions thereof; and amended, enables al local governing body to adopt and amend zoning ordinances; and regulations; and 0-2019-012 WHEREAS, on November 20, 2019, the Greene County Planning Commission voted to recommend to thel Board of Supervisors approval ofthe request to amend Article 19-5, oft the Greene County Zoning Ordinance, and Sections 4-2-3, Section 6-4, and Section 7 oft the Greene County WHEREAS, the Greene County Board of Supervisors caused tol be published ai notice ofpublic hearing on this matter int the Greene County Record on January 2nd and January 9th, 2020; and WHEREAS, the full text of this amendment was available for public inspection in the Greene County Administration Building, Room 226, 40 Celt Road, Stanardsville, Virginia 22973. NOW THEREFORE, BEI IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY Subdivision Ordinance; and OF GREENE that: Article 19-5, of the Greene County Zoning Ordinance, and Sections 4-2-3, Section 6-4, and Section 7of the Greene County Subdivision Ordinance are hereby amended as included below: Greene County Zoning Ordinance 19-5 MINIMUM STANDARDS AND IMPROVEMENTS REQUIRED 19-5-1 All improvements required byt this Section shalll bei installed at the cost oft the developer. 19-5-2 Prior to the approval oft the final site development plan, there shall be executed by the owner or developer, an agreement to construct all physical improvements required by or pursuant to this Section which are to be dedicated to public use, together with a performance guarantee as provided by Article 19-8. 19-8 Performance guarantees Thej purpose oft this requirement is to guarantee timely installation and maintenance of improvements required by this ordinance and/or in accordance with the approved site plan; and to ensure that resources are available to the county for installation and maintenance ofs such improvements should the developer fail toj provide them in the manner and within the time period provided for in this chapter. Ini the case of default, the county shall use the available performance guarantee funds to complete thei improvements thereby secured to the extent practicable. Inno event, however, shall the county be bound to supplement the performance guarantee funds with other county funds in order to complete the improvements. 19-8-1 General. Aj performance guarantee in accordance with the standards in this article shall be required in the 19-8-1.1 To ensure completion and acceptance of public and private infrastructure improvements that are required as part of an approved site plan (e.g., streets, sidewalks, stormwater management facilities, potable water facilities, wastewater facilities, street lights), but are not installed before following circumstances: occupancy oft the development; 0-2019-012 19-8-1.2To ensure completion ofl landscaping improvements that are: required in accordance with Article 19 oft the zoning ordinance, but are: not installed before occupancy oft the development. Where required, the owner or developer shall furnish a performance guarantee in any of the 19-8-2.1 Corporate surety bond means a surety bond signed by an insurance company licensed to transact fidelity and surety insurance business in Virginia guaranteeing installation and maintenance oft thei improvements in ai form acceptable to the county attorney. The surety, when notified oft the developer or landowner's default, shall elect either to perform in the developer or landowner's stead or toj pay thei face amount of the bond, or any lesser amount determined by the county. The surety shall agree toj provide said funds to the county prior toj performance oft the work, based upon the county's estimate oft the funds 19-8-2.2 Cash account means a cashier's check, certified check or cash to be deposited with the' Treasurer of Greene County. Interest accruing on such funds shall be for the benefit 19-8-2.3 Irrevocable letter of credit means an instrument provided by al lending institution guaranteeing payment to the county int the event the developer or landowner defaults in performance under its site plan agreement and which: meets the following minimum a.That thel lending institution shall guarantee payment of funds in an amount equal to the estimated cost of completing all required improvements and as otherwise required by this b.That in case of failure on the part of the developer or landowner to complete the specified improvements within the required time period, thel lending institution shall pay to the county immediately and without further action such funds as are necessary to finance the completion oft those improvements, up to the limit of credit stated in the letter; c.That thel letter of credit may not be withdrawn or reduced in amount until released by the d.That thel lending institution must be insured by thel FDIC or FSLIC e.The letter of credit shall bei irrevocable until completion ofa all required improvements. f.That thes site plan agreement involved must contain aj performance date which is a minimum of one (1) month prior to expiration of the letter of credit. Thel letter ofc credit g.These requirements shall apply to new and amended letters of credit. 19-8-2 Form of performance guarantee. following acceptable forms: required. oft the county. conditions: article; site plan agent; must be irrevocable during any such period. 19-8-2.4.Cash escrow accounts: a.The developer or landowner shall deposit cash or an: instrument readily convertible into cash at face value, either with the county or in escrow with a financial institution approved by the county and insured by FDIC or FSLIC. The use of an instrument rather than cash shall be subject to the approval oft the site plan agent. b.The escrow account shall be held int trust until released by the site plan agent and may not be used or pledged by the developer or landowner as security in any other matter during c. In the case ofa failure on the part oft the developer or landowner to complete the improvements, the agreement shall provide that the financial institution shall immediately make the funds ini the account available to the county for use in the completion of1 those that period. improvements. 0-2019-012 19-8-3 Amount of performance guarantee. 19-8-3.1 Performance guarantees for required improvements shall bei in an amount equal to at least 110 percent of the estimated full cost of completing the installation oft the required improvements, including the costs oft materials, labor, and project management. 19-8-3.2 Estimated costs for completing installation of required public or private infrastructure improvements shall bei itemized by improvement type and certified by the owner's or developer's licensed professional engineer, surveyor or landscape architect, and are subject to approval by the site plan agent. Estimated costs for completing installation of required landscaping or other private site improvements shall bei itemized and certified by the owner's or developer's landscape architect or contractor, and are subject to approval 19-8-3.3The guarantee shall renew annually and shall increase or decrease by an amount equal to the most recent quarterly Construction Cost Index published by Engineering News Record. This ensures that the estimated costs escalate as the Construction Cost Index escalates sO that the guarantee amount reflects the most current cost to perform the improvements. In the case of default, the county shall use the available performance guarantee funds to complete the improvements thereby secured to the extent practicable. Inr no event, however, shall the county bel bound to supplement the performance guarantee funds with other county funds in order to complete the improvements. In the case of default, the county shall use the available performance guarantee funds to complete thei improvements thereby secured to the extent practicable. In no event, however, shall the county be bound to supplement the performance guarantee funds with by the site plan agent. other county funds in order to complete the improvements. 19-8-3.41 In the absence ofap performance bond, or other guarantee, no final site plan shall be 19-8-3.5 Before undertaking any improvements required by the approved site plan, the developer shall submit four (4) copies ofh his proposed plans and specifications to the Zoning Administrator and receive written approval thereof by the return of one copy with: such approval endorsed thereon. No such approval shall be given without prior written approval oft the Highway Engineer and/or the Health Official, as may be appropriate. Said plans and specifications shall have been prepared by a qualified surveyor or engineer, registered by the Commonwealth of Virginia. Ofthe copies retained, one shall be forwarded to the Highway Engineer and one to thel Health Official, when appropriate, and the remaining copy or copies shall be filed with the Commission's copy oft the final approved plan. 19-8-4 Approval of improvements and release of performance guarantee 19-8-4.1 Request for release. The owner or developer may submit to the site plan agent a written request fora aj periodic partial release or a final complete release ofaj performance a) Certification by the owner's or developer's engineer that construction or installation of the public infrastructure improvements for which release ofaj performance guarantee: is sought has been completed in accordance with approved plans and specifications, and that thei improvements have been accepted and taken over: for maintenance and operations by a state agency, local government department or agency, or other authority responsible for maintenance and operation of such improvements; or guarantee. Such a request shall: include: 0-2019-012 b) Certification by the owner's or developer's landscape architect or contractor that construction or installation ofl landscaping or other private sitei improvements for which release ofaj performance guarantee is sought has been completed in accordance with 19-8-4.2. Action on request for release. The site plan agent shall grant a requested release ofa a) County staff has performed any needed inspection of the improvements and has certified in writing that the guaranteed improvements have been approved and accepted by the state agency, local government department or agency, or other authority responsible for maintenance and operation ofs such improvements; b)7 The owner or developer has reimbursed the county for all costs associated with conducting anyi inspection that finds the guaranteed public infrastructure improvements have not been installed ina accordance with approved plans and specifications; c) The owner or developer has provided the site plan agent assurances that liens against guaranteed public infrastructure improvements will: not be filed after their acceptance by the county (e.g., through affidavits, releases, or waivers ofl liens from all contractors and d) The owner or developer has provided the site plan agent any required maintenance approved plans and specifications. performance guarantee only after: subcontractors); and guarantee for the same public infrastructure improvements. 19-8-4.3 The site plan agent shall release aj performance guarantee within 30 days after receiving a written request for the release unless the site plan agent notifies the requestor in writing ofthe nonreceipt of applicable state agency approval or ofs specified defects or deficiencies and suggested corrective measures before expiration oft the 30-day period. Ift the site plan agent fails to take action on a request for release ofaj performance guarantee within the 30-day period, the request shall be deemed approved and aj partial release granted to the owner or developer. In such instances, no final release shall be granted after expiration ofthe 30-day period until the owner or developer has submitted a written request for such release to the site plan agent via certified mail, return receipt requested. Ift the site plan agent fails to take action on the request within ten days after receiving it, the request shall be deemed approved and a final release granted to the Limit on partial releases. No pertormance guarantee for improvements shall be partially released until construction or installation ofat least 30 percent of the guaranteed improvements has been completed. Noj performance guarantee shall be reduced tol less than tenj percent oft the full amount of the performance guarantee until construction or installation ofa all the guaranteed improvements has been completed. a)) Notice of failure to complete improvements. Ifthe owner or developer fails to complete installation of the guaranteed improvements (and in the case of public infrastructure improvements, to have the improvements accepted), the site plan agent shall give the owner or developer 30 days' written notice oft the default by certified mail. b) County completion of improvements. After the! 30-day notice period expires, the county may draw on the security and use the funds toj perform work necessary to complete installation oft the guaranteed improvements. After completing such work, the owner or developer. 19-8-4.4. Default and forfeiture of performance guarantee. -6- 0-2019-012 county shall provide a complete accounting oft the expenditures to the owner or developer and, as applicable, refund all unused security deposited, without interest. Int the case of default, the county shall use the available performance guarantee funds to complete the improvements thereby secured to the extent practicable. Ini no event, however, shall the county bel bound to supplement the performance guarantee funds with other county funds Ifone or more public streets within a site plan are proposed: for dedication or have been dedicated for public use and the street or streets, due to factors other than quality of construction, is not acceptable into the secondary system ofs state highways, the developer shall, prior to approval oft the final site plan or prior to the final release of surety as provided, provide surety for the maintenance ofthe street or streets as provided herein: a) The developer shall: furnish to the site plan agent a certified check, official check, bond with surety satisfactory to the county, or a letter of credit satisfactory to the county, or collaterally assign funds in a manner satisfactory to the county, in an amount sufficient for and conditioned upon the annual maintenance of thes street or streets until iti is accepted into the secondary system ofstate highways. The form and the type oft the surety shall be to the satisfaction of and be approved by the county attorney. b) For purposes oft this section, the term "maintenance" means maintenance of the streets, curb, gutter, drainage facilities, utilities or other street improvements, including the correction of defects or damages and the removal ofs snow, water or debris, sO as to (c) Failure by the developer or landowner to complete or maintain the required physical improvements or to remove snow in aj period of time not to exceed forty- eight hours from the end oft the snow event, shall constitute a default and/ora (d) Thereafter, the county may avail itself of any and all available remedies ofl law inc order to complete the improvements. 19-8-4.5 Surety for maintenance of streets until accepted into state system. keep such road reasonably open for public usage. violation oft the county ordinances. and ine equity. Greene County Subdivision Ordinance 6-4. Street design standards 6-4-1. General requirements: 6-4-1.1.Except for private streets as specified in Section 6-4-4 oft the Ordinance, every subdivision lot shall front on a street which is to bei included in the State System of Primary or Secondary Roads. SECTION7. IMPROVEMENT SPECIFICATIONS 7-1. Physical improvements The developer shall make thei improvements provided for in this Section and they shall bei installed at] his cost in compliance with the requirements ofthe Virginia Department ofTransportation, the Greene County Health Department, the State Water Control Board, or the Rapidan Service Authority. No developer shall commence the construction ofa any such improvements without first -7- 0-2019-012 submitting plans and specifications and obtaining the written approval ofthose listed above, as hereinafter provided. Any developer commencing any construction in violation oft this Section shall be guilty ofa misdemeanor and punishable as provided in Section 8 ofthis Ordinance. 7-1-2. Streets and sidewalks shall be constructed: in compliance with the requirements oft the 7-1-3. Where required by thel Highway Engineer, a drainage system shall be provided for by means of culverts, ditches, catch basins, and any other facilities that are necessary to provide adequate drainage and disposal of surface and storm waters from or across all 7-1-4. Street signs shall bei installed at all street intersections in any subdivision by the developer. 7-2-1. The purpose of1 this requirement is to guarantee timely installation and maintenance of subdivision improvements required by this chapter and/or in accordance with the approved subdivision plat and plans; and to ensure that resources are available to the county for installation and maintenance of such improvements should the developer fail to provide them int the manner and within the time period provided fori in this chapter. Int the case of default, the county shall use the available performance guarantee funds to complete the improvements thereby secured to the extent practicable. Ini no event, however, shall the county be bound to supplement the performance guarantee funds with other county funds in Limit on building permits in residential subdivisions pending acceptance of public street. Building permits shall not be issued for more than 80 percent of the lots in a phase ofa residential subdivision with public streets until the streets have been constructed to VDOT Virginia Department ofTransportation. streets and adjoining properties. 7-2. Performance guarantees order to complete the improvements. standards, inspected, and accepted into the state highway system. 7-2-2 General. Aj performance guarantee in accordance with the standards in this section shall be required 7-2-2.1 To ensure completion and acceptance of public and private infrastructure improvements that are required as part of an approved site plan (e.g., streets, sidewalks, stormwater management facilities, potable water facilities, wastewater facilities, street lights), but are 7-2-2.2 To ensure completion of landscaping improvements that are required in accordance with Article 19 of the zoning ordinance, but are not installed before occupancy of the in thei following circumstances: not installed before occupancy ofthe development; development. 7-2-3 Form of performance guarantee. 7-2-3.1 Where required, the owner or developer shall furnish a performance guarantee in any oft the 7-2-3.1.ICorporate surety bond means a surety bond signed by an insurance company licensed to transact fidelity and surety insurance business in Virginia guaranteeing installation and maintenance of the improvements in a form acceptable to the county attorney. The surety, when notified of the developer or landowner's default, shall elect either to perform in the developer or landowner's stead or toj payt the face amount oft thel bond, or any lesser amount determined by the county. The surety shall agree to provide said funds to the county prior to performance of the work, based upon the county's estimate of the funds required. 7-2-3.1.2 Cash account means a cashier's check, certified check or cash tol be deposited with the Treasurer of Greene County. Interest accruing on such funds shall be for the benefit oft the following acceptable forms: 0-2019-012 county. 7-2-3.1.3 Irrevocable letter of credit means an instrument provided by a lending institution guaranteeing payment to the county in the event the developer or landowner defaults in performance under its subdivision agreement and which meets the following minimum a.That thel lending institution shall guarantee payment ofi funds in an amount equal to the estimated cost of completing all required improvements and as otherwise required by this b.That in case of failure on the part oft the developer or landowner to complete the specified improvements within the required time period, the lending institution shall pay to the county immediately and without further action such funds as are necessary to finance the completion ofthose improvements, up tot the limit of credit stated in the letter; c.That thel letter of credit may not be withdrawn or reduced in amount until released by the d.That the lending institution must bei insured by the FDIC or FSLIC e.Thel letter of credit shall be rrevocable until completion of all required improvements. f.Thatt the subdivision agreement involved must contain a performance date whichisa a minimum of one (1) month prior to expiration oft the letter of credit. The letter of credit g.These requirements shall apply to: new and amended letters of credit. conditions: article; subdivision agent; must bei irrevocable during any such period. 7-2-3.1.4Cash escrow accounts: a.1 The developer or landowner shall deposit cash or an instrument readily convertible into cash at face value, either with the county or in escrow with a financial institution approved by the county and insured by FDIC or FSLIC. The use ofani instrument rather than cash shall be subject to the approval oft the subdivision agent. b. The escrow account shall be held in trust until released by the subdivision agent and may not be used or pledged by the developer or landowner as security in any other matter C. Int the case ofa failure on the part oft the developer or landowner to complete the improvements, the agreement shall provide that the financial institution shall immediately make the funds in the account available to the county for use in the during that period. completion of those improvements. Amount ofp performance guarantee. 7-2-4 7-2-4.1 Performance guarantees for required improvements shall be in an amount equal to at least 110 percent oft the estimated full cost of completing the installation oft the required improvements, including the costs ofr materials, labor, and project management. 7-2-4.2 Estimated costs for completing installation ofrequired public or private infrastructure improvements shall bei itemized by improvement type and certified by the owner's or developer's licensèd professional engineer, surveyor or landscape architect, and are subject toa approval by the subdivision agent. Estimated costs for completing installation of required landscaping or other private sitei improvements shall be itemized and certified by the owner's or developer's landscape architect or contractor, and are subject to approval by the subdivision agent. 7-2-4.3 The guarantee shall renew annually and shall: increase or decrease by an amount equal to the most recent quarterly Construction Cost Index published by Engineering News Record. This ensures that the estimated costs escalate as the Construction Cost Index escalates sO that the guarantee amount reflects the most current cost to perform the improvements. Ini the case of default, the county shall use the available performance guarantee funds to complete the improvements thereby secured to the extent practicable. In no event, however, shall the county be bound to supplement thej performance guarantee funds with other county funds in order to complete the improvements. 0-2019-012 7-2-5 Int the absence ofaj performance! bond, or other guarantee, no final subdivision site plan shall 7-2-6. Before undertaking any improvements required in Section 6, the developer shall submit four be approved (4) copies ofl his proposed plans and specifications to the Zoning Administrator and receive written approval thereof(by the Commission or the person authorized by the Commission to approve such plans and specifications) by the return ofone copy with such approval endorsed thereon. No such approval shall be given without prior written approval oft the Highway Engineer and/or thel Health Official, as may be appropriate. Said plans and specifications shall have been prepared by a qualified surveyor or engineer, registered by the Commonwealth of Virginia. Ofthe copies retained, one shall be forwarded to thel Highway Engineer and one to thel Health Official, when appropriate, and the remaining copy or copies shall be filed with the Commission's copy ofthe final plan. 7-3. Approval ofi improvements and release of performance guarantee 7-3-1. Request for release. The owner or developer may submit to the subdivision agent a written request for a periodic partial release or a final complete release ofaj performance a) Certification by the owner's or developer's engineer that construction or installation of thej public infrastructure improvements for which release ofa performance guarantee is sought has been completed in accordance with approved plans and specifications, and that the improvements have been accepted and taken over for maintenance and operations bya state agency, local government department or agency, or other authority responsible for b) Certification by the owner's or developer's landscape architect or contractor that construction or installation of landscaping or other private sitei improvements for which release ofa performance guarantee is sought has been completed in accordance with 7-3-1.1 Action on request for release. The subdivision agent shall grant a requested release ofa a) County staffh has performed any needed inspection oft the improvements and has certified in writing that the guaranteed improvements have been approved and accepted by the state agency, local government department or agency, or other authority responsible for b) The owner or developer has reimbursed the county for all costs associated with conducting any inspection that finds the guaranteed public infrastructure improvements have not been installed in accordance with approved plans and specifications; c) The owner or developer has provided the subdivision agent assurances that liens against guaranteed public infrastructure improvements will not be filed after their acceptance by the county (e.g., through affidavits, releases, or waivers of liens from all d) The owner or developer has provided the subdivision agent any required maintenance guarantee. Such a request shall include: maintenance and operation of such improvements; or approved plans and specifications. performance guarantee only after: maintenance and operation of such improvements; contractors and subcontractors); and guarantee for the same public infrastructure improvements. 7-3-2. The subdivision agent shall release aj performance guarantee within 30 days after receiving a written request for the release unless the subdivision agent notifies thei requestor in writing of the nonreceipt of applicable state agency approval or ofs specified defects or deficiencies and suggested corrective measures before expiration oft the 30-day period. Ift the subdivision agent fails to take action on a request forr release ofap performance guarantee within the 30-day period, the request shall be deemed approved and aj partial release granted to the owner or developer. In such instances, no final release shall be granted after expiration ofthe 30-day period until the owner or developer has submitted a written request for such release to the subdivision agent via certified mail, return receipt requested. Ift the subdivision agent fails to take action on thei request within ten days after 0-2019-012 receiving it, the request shall be deemed approved and a final release granted tot the owner Limit onj partial releases. Noj performance guarantee fori improvements shall bej partially released until construction ori installation of at least 30 percent oft the guaranteed improvements has been completed. Noj performance guarantee shall be reduced to less than tenj percent oft the full amount oft the performance guarantee until construction or installation or developer. ofall the guaranteed improvements has been completed. 7-3-3. Default and: forfeiture of performance guarantee. a) Notice of failure to complete improvements. Ifthe owner or developer fails to complete installation oft the guaranteed improvements (and in the case of public infrastructure improvements, to have the improvements accepted), the subdivision agent shall give the owner or developer 30 days' written notice oft the default by certified mail. b) - County completion ofimprovements. Aftert the 30-day notice period expires, the county may draw on the security and use the funds toj perform work necessary to complete installation oft the guaranteed improvements. After completing such work, the county shall provide a complete accounting of the expenditures to the owner or developer and, as applicable, refund all unused security deposited, without interest. In the case of default, the county shall use the available performance guarantee funds to complete thei improvements thereby secured to the extent practicable. In no event, however, shall the county be bound to supplement the performance guarantee funds with other county funds in order to complete thei improvements. 7-3-4. Surety for maintenance ofs streets until acceptedi into state system. Ifone or more public streets within a subdivision are proposed for dedication or have been dedicated for public use and the street or streets, due to factors other than quality of construction, is not acceptable into the secondary system of state highways, the developer shall, prior to approval ofthe final plat or prior to the: final release of surety as provided, provide surety for the maintenance oft the street or streets as provided herein: a) The developer shall furnish to the subdivision agent a certified check, official check, bond with surety satisfactory to the county, oral letter of credit satisfactory to the county, or collaterally assign funds in a manner satisfactory to the county, in an amount sufficient for and conditioned upon the annual maintenance of the street or streets until it is accepted into the secondary system of state highways. The form and the type oft the surety shall be to the b) For purposes oft this section, thei term maintenance" means maintenance oft the streets, curb, gutter, drainage facilities, utilities or other street improvements, including the correction of defects or damages and the removal ofs snow, water or debris, sO as to keep (c) Failure by the subdivider or landowner to complete or maintain the required physical improvements or to remove snow in aj period oft time not to exceed forty-eight hours from the end oftl the snow event, shall constitute a default and/or a violation oft the (d) Thereafter, the county may avail itself of any and all available remedies ofl law and satisfaction of and be approved by the county attorney. such road reasonably open for public usage. county ordinances. in equity. 0-2019-012 In all other respects said Zoning Ordinance and Subdivision Ordinance of the County of Greene shall remain unchanged and bei in full force and effect. This amendment shall take effect immediately upon passage. ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON JANUARY1 14, 2020. Motion: Dale Herring Second: Steve Bowman Votes: Martin: Lamb: Bowman: Durrer: Herring: UM William Bryan Yes Yes Yes Yes Yes ATTEST: Aakb Blah Chair Martin, Lht Mark B. Taylor, Clerk Greene County Board of Supervisors Greene County Board of Supervisors