Board of Supervisors April 5, 2021 Sheet 1  April 5, 2021  County of Greene, Virginia  THE GREENE COUNTY BOARD OF SUPERVISORS HELD A SPECIAL MEETING ON TUESDAY, APRIL 5, 2021, BEGINNING AT 5:30 P.M. BY ZOOM VIDEO COMMUNICATION IN ACCORDANCE WITH THE ORDINANCE ADOPTED ON MARCH 24, 2020 TO PERMIT PUBLIC BODIES OF GREENE COUNTY TO ASSEMBLE ELECTRONICALLY, TO MODIFY PUBLIC MEETING AND PUBLIC PRACTICES AND PROCEDURES, TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES, ANDTO. ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH THE COVID-19  PANDEMIC DISASTER 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 Tom Lacheney, County Attorney Patti Vogt, Deputy Clerk Jim Frydl, Director of Planning and Zoning  RE: SECOND RESOLUTION - WITHDRAWAL FROM RAPIDAN SERVICE Mr. Martin said this Special Meeting was called to respond to issues from the recent Rapidan Service Authority meeting. A second resolution calling for the unanimous consent of Orange and Madison Counties to the withdrawal of Greene County from the Rapidan Service Authority (RSA) pursuant to VA Code $15.2-5112 is before the Board for consideration. Mr. Taylor said every member of the RSA Board of Members asked and encouraged Greene County toi initiate again our request to withdraw from RSA which was originally requested last summer. The statutory process calls for the governing body of the member jurisdiction wishing to withdraw to activate the withdrawal process by passing ai resolution to request that the other member localities in the Authority join with them to work through the statutory process in VA Code Section 15.2-5112 for the withdraw of a member from the Authority. The resolution before the RSAI Board last week was for dissolution. Either procedure will achievea a like outcome. Mr. Taylor said he was assured that the resolution will be on the agenda for the Madison County Mr. Herring felt the resolution should be approved and forwarded to the Madison and  AUTHORITY  and Orange County Board of Supervisors meetings next week. Orange Board of Supervisors tol hopefully get this resolved.    Board of Supervisors April 5, 2021 Sheet 2  Mr. Bowman supported this resolution and said it is essentially what we have been requesting over the last eight months. The Board of Supervisors and County Administration have worked diligently with Orange and Madison Counties to secure Greene's exit from RSA. Our representatives have been excluded from meetings and ignored. Mrs. Durrer agreed saying this has been very frustrating for everyone and supports this resolution. Mr. Lamb also agreed with Upon motion by Steve Bowman, second by Marie Durrer and unanimous roll call vote, the Board approved the second resolution calling for the unanimous consent of Orange and Madison Counties to the withdrawal of Greene County from the Rapidan Service Authority (RSA) pursuant  comments.  toVA Code $15.2-5112 as presented. (See Attachment' "A")  Recorded vote:  Bill Martin Marie Durrer Steve Bowman Dale Herring Davis Lamb  Yes Yes Yes Yes Yes  Motion carried. RE: ADJOURN Board meeting was adjourned. Recorded vote:  Upon motion by Steve Bowman, 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.  Wala: b Mat William Bryan Maytin, Chair Greene County Board of Supervisors  Mark  Greene County Board of Supervisors  MIBE    Board of Supervisors April 5, 2021 Attachment "A"  SECOND RESOLUTION CALLING FOR THE UNANIMOUS CONSENT OF ORANGE AND MADISON COUNTIES TO THE WITHDRAWAL OF GREENE COUNTY FROM THE RAPIDAN SERVICE AUTHORITY (RSA)  PURSUANT TO VA. CODE $15.2-5112  WHEREAS, on June 17, 1969 the counties of Greene, Orange and Madison formed the Rapidan Service Authority ("RSA") in compliance with the Virginia Water and  Waste Authorities Act; and  WHEREAS, the original purpose in forming RSA was for the acquisition, construction, operation and maintenance ofwatertransmission for certain parts ofOrange  County, Greene County and Madison County; and  WHEREAS, RSA was also specifically formed in part for the express purposes of "the acquisition, construction, operation and maintenance of water supply and treatment facilities plus a water transmission, storage and distribution system in Greene County that will supply, treat and transmit water from a water impoundment site near Stanardsville..";  and  WHEREAS, RSA is governed by a Board of Members consisting of six (6) total members, two (2) of which are appointed by the Board of Supervisors of each of the  member Counties; and  WHEREAS, historically RSA has kept the operations, revenues and debts of RSA WHEREAS, historically the RSAI Board of Members has voted in support ofvarious projects within each of the three (3) Counties as each member County's appointed Members have requested or recommended, and the Board Members has deferred to the  in a segregated manner with respect to each member County; and  determinations of each County as to its individual needs; and  WHEREAS, historically the RSA Board of Members has deferred to each of the three (3) member Counties on all matters relating to the needs, fees, expenses, infrastructure or development actions or priorities within or pertaining to their County; and WHEREAS, historically, each member County's elected Board of Supervisors has understood that their appointed Members on the RSA Board would be listened to and deferred to, in order that the plans, priorities, decisions, and directives of each member County Board of Supervisors would be advanced by RSAI fori thel benefit oft their respective  County; and  WHEREAS, Greene County has experienced much growth in its population and has increasing needs for water, and the methods and strategies for meeting such needs have become matters of disagreement between Greene County and RSA; and    WHEREAS, in 2005 RSA and Greene County entered into a "Water System WHEREAS, Greene County assumed a portion of RSA's debt as part of the WHEREAS, pursuant to the 2005 Agreement, Greene County would collect water availability fees for the Ruckersville Water System, which money would be used to help  Ownership and Management Agreement" ("2005 Agreement"); and  consideration on the 2005 Agreement; and  pay debt service, and for newi infrastructure; and  WHEREAS, on September 9, 2014, the 2005 Agreement was amended whereby RSA agreed to charge a "water system facility fee" and pay said fee to Greene County to be used for (1) debt service for debt incurred by the County, (2) debt service on the RSA debt Greene County assumed and (3) new wateri facilities "as determined by the County."  ("2014 Amendment'); and  WHEREAS, pursuant to the 2014 Amendment RSA began collecting a facility fee on behalf of Greene County and shared the facility fee revenue with Greene County; and WHEREAS, the Greene County Board of Supervisors asked RSA to raise the facility feei in 2020 pursuant to Greene County's financing plan to ensure payment of debt Greene County assumed from RSA and to include funding a water impoundment for  which Greene County has already spent more than $14 million; and  WHEREAS, on July 16, 2020 the appointed RSA Board Members from Orange County and Madison County failed to notify or meaningfully consult with the Greene County Members before making significant decisions affecting only Greene County that were known by them to be contrary to the wishes of Greene County; and  WHEREAS, on July 16, 2020 by a vote made by the Orange and Madison County Members without consideration for the desires of Greene County or the concerns of Greene County's Members, the RSA Board voted to act contrary to the 2005 Agreement by ordering that all Greene County water availability fees be paid directly to RSA; and WHEREAS, on July 16, 2020 by a vote made by the Orange and Madison County Members without consideration for the desires of Greene County or the concerns of Greene County's Members, the RSA Board voted to terminate fee sharing with Greene County contrary to the provisions of the 2014 Amendment stating that it would no longer collect Greene County facility fees as called for in the 2014 Amendment; and  WHEREAS, on July 16, 2020 RSA issued a press release without consultation or authorization from the Greene County Members, incorrectly stating that the 2005 Agreement required Greene County to "build White Run Reservoir Project, water  treatment facility, and other improvements" by 2008; and    WHEREAS, it has become clear that Greene County and RSA no longer agree on how the needs and wishes of Greene County relating to the provision of water and sewer  services to Greene County citizens should be met; and  WHEREAS, the Board of Supervisors of Greene County has lost confidence in RSA's ability to properly, equitably, and fairly, address or provide for the future water  needs of Greene County; and  WHEREAS, the Board of Supervisors of Greene County unanimously passed its first RESOLUTION CALLING FOR THE UNANIMOUS CONSENT OF ORANGE AND MADISON COUNTIES TO THE WITHDRAWAL OF GREENE COUNTY FROM THE RAPIDAN SERVICE AUTHORITY (RSA) PURSUANT TO VA. CODE $15.2-5112" on  July 28, 2020; and  WHEREAS, the Boards of Supervisors of Orange County and Madison County each rejected Greene County's first RESOLUTION CALLING FOR THE UNANIMOUS CONSENT OF ORANGE AND MADISON COUNTIES TO THE WITHDRAWAL OF GREENE COUNTY FROM THE RAPIDAN SERVICE AUTHORITY (RSA) PURSUANT  TO VA. CODE $15.2-5112"; a and  WHEREAS, at a special meeting of the RSA Board of Members at the Orange County Airport of April 1, 2021, Orange County RSA Board representative Jim Crozier suggested that Greene County issue a new resolution requesting withdrawal from RSA, which suggestion elicited support from all members oft the RSA Board and from the RSA's  attorney; and  WHEREAS, the entire RSA Board of Members, at the special meeting oft the RSA Board at the Orange County Airport of April 1, 2021, acknowledged that the passage of resolutions by the RSA member counties consenting to the withdrawal of Greene County would initiate a process as described in the Code of Virginia for the equitable and proper  separation of Greene County from RSA.  NOW THEREFORE BE IT RESOLVED that pursuant to Virginia Code $15.2- 5112(B), the Board of Supervisors of Greene County does hereby signify, once again,  and at the request of the RSA Board, its desire to withdraw from RSA.  ITI IS FURTHER RESOLVED that pursuant to Virginia Code $15.2-5112(A), the Board of Supervisors of Greene County does hereby call upon the Board of Supervisors of Orange County and the Board of Supervisors of Madison County to consent to the  withdrawal of Greene County from RSA on fair and equitable terms.    ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON APRIL5,2 2021  Motion: Steve Bowman Second: Marie Durrer Votes: Martin: Yes Durrer: Yes Bowman: Yes Herring: Yes Lamb: Yes  ATTEST:  Hahhat William Bryan Martin, Chair Greene County Board of Supervisors  Mark B.  Greene County Board of Supervisors BK