Board of Supervisors November 14, 2023 Sheet 1  November 14, 2023 County of Greene, Virginia  THE GREENE COUNTY BOARDOFSUPERVISORS MET ONTUESDAY,NOVEMBER 14, 2023, BEGINNING AT 4:30 P.M. IN PERSON IN THE COUNTY ADMINISTRATION  BUILDING MEETING ROOM  Present were:  Dale Herring, Chair Marie Durrer, Vice Chair Steve Bowman, Member Davis Lamb, Member  Staff present:  Cathy Schafrik, County Administrator Jim Frydl, Director of Planning & Zoning Kim Morris, Deputy Clerk Terry Beigie, Grant Writer Kelley Kemp, County Attorney  Stephanie Golon, Deputy Director of Planning & Zoning  RE: CLOSED MEETING Meeting the following matter(s):  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 concerning the interim appointment to the Board of Supervisors and the Water and Sewer Discussion or consideration of the acquisition of real property for a public purpose, where discussion in an open meeting would adversely affect the bargaining position or negotiating Discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the businesses or the industry's 's interest in locating or expanding its facilities in the community.  Department.  strategy of the public body.  WHEREAS, pursuant to: $2.2-3711(A)C), (A)(3), and (A)(5), of the Code of Virginia,  such discussions may occur in Closed Meeting;    Board of Supervisors November 14, 2023 Sheet 2  NOW,THEREFORE, BEI ITI RESOLVED that the Board of Supervisors of Greene County Upon motion by Marie Durrer, second by Davis Lamb and unanimous roll call vote, the  does hereby authorize discussion of the aforestated matters in Closed Meeting.  Board entered into Closed Meeting. Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried. RE: OPEN MEETING Board returned to open meeting. Recorded vote:  Upon motion by Davis Lamb, second by Marie Durrer and unanimous roll call vote, the  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried.  By unanimous roll call vote, members certified that only public business matters lawfully exempted from the open meeting requirement and only such matters as identified by the motion to  enter into closed meeting were discussed.  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried.  RE: APPOINTMENT OF STEVE CATALANO AS THE STANARDSVILLE DISTRICT Upon motion by Marie Durrer, second by Davis Lamb and unanimous roll call vote, the Board appointed Steve Catalano to the Board of Supervisor position for the Stanardsville District to be effective upon his being sworn in by the Clerk of the Circuit Court and to run through  MEMBER OFTHE BOARD OF SUPERVISORS  November 5, 2024.  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes    Board of Supervisors November 14, 2023 Sheet3  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 AGENDA  Mr. Bowman requested the removal of 11i. Resolution in support of low power FM radio Upon motion by Steve Bowman, second by Marie Durrer and unanimous roll call vote, the  station application to the FCC from the consent agenda to be discussed separately.  agenda was adopted as amended. Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried.  RE: RECOGNITION OF GINNY REESE, BRANCH MANAGER OF THE GREENE Ms. Schafrik said that she wanted to recognize Ginny Reese as one of our long-serving public servants. She said that Ms. Reese organized community support to move into the Greene County Library in 2003. She helped to expand the hours at the library and also brought the Dolly Parton Imagination Library program to Greene County. This program makes every child aged zero to five eligible to have a free book mailed to their home once per month. She also expanded the reach of the library by adding the County's first public use library computers, public meeting rooms and an exterior pickup locker sO that residents canj pick up their books on theiro own schedule. Ms. Reese and the Friends of the Library also recently planted a native plants garden in the beds outside of the library that will beautify and teach residents as it comes into bloom. Ms. Schafrik  COUNTYLIBRARY  thanked Ms. Reese for her service and wished her well on her retirement.  Mr. David Plunkett, Chair of the Jefferson Madison Regional Library, was present to say that Ms. Reese will retire next week after 24 years of service to the regional library system. He said that hei is very excited forl her but also sad for Greene County. He said that Ginny has overseen all oft the changes that took placei in Greene and that she will be dearly missed. He thanked her for  her service.  Mr. Herring read a resolution of the Board of Supervisors and thanked Ms. Reese for her Ms. Reese said that it has been her pleasure to serve as the Librarian in Greene County and  service. (See Attachment "A")  that she appreciates everyone's kind words.    Board of Supervisors November 14, 2023 Sheet 4  RE: MATTERS FROMTHE PUBLIC  Mr. Fred Turck was present to say how dry it currently is and feels there is definitely the Mr. John Hall was present to support the Board's resolution in support of the low power Mr. Fitzgerald was present to ask the Board to support changes to the dog ordinance. He shared the conditions he is currently living with having to do with a neighbor that has 12-15 dogs. He said that the Sheriff's hands are tied because oft the way the ordinance is currently written. Ms. Linda Copeland was present to commend the Board for the burn ban. She shared her current living conditions having to do with al home business in her area that constantly burns atl his home creating a constant state of smokiness at her home. She asked the Board to create fire  need for a burn ban. FM: radio station.  ordinances SO this issue can be taken care of. personal property tax percentage.  Ms. Michelle Pollar was present as ai newer citizen of Greene to ask the Board to lower the Mr. David White was) present to speak on the same issue as Mr. Fitzgerald did. He said that Mr. Mike Bates was present to recommend that the Board require bark collars on the dogs  the sound of the dogs constantly barking disrupts the neighbor's quality of life.  that are disrupting his neighborhood.  RE: PUBLIC HEARINGTO CONSIDER Al REQUEST FROM MERIT GREENE, LLC) FOR ASPECIAL USE PERMIT PER ARTICLE 10-1-2.10 OF THE GREENE COUNTY ZONING ORDINANCE, ONAPPROXIMATELY A 30-ACRE PORTION OF65.17 ACRESTO ALLOW MANUFACTURING. LOCATED ONSEMINOLETRALLNORTHBOUND.JUSTSOUTHOE MATTHEW MILL ROADI IN RUCKERSVILLE, AND IDENTIFIED AS TMP# 66-(A)-48 Ms. Golon explained that Merit Greene, LLC is requesting a special use permit per Article 10-1-2.10 of the Greene County Zoning Ordinance on approximately a 30-acre portion of 65.17 acres to allow Light Industrial, Research, Development, and Related Manufacturing, located on Seminole Trail northbound, just south of Matthew Mill Road in Ruckersville, and identified as TMP# 66-(A)-48. The parcel is zoned PUD, Planned Unit Development, and the Greene County Future Land Use Map designates it as a "Mixed Use Village Center." She said that in 2020, to provide more opportunities in our growth area for job creation, the Board adopted an ordinance to allow light industrial, research, development, and related manufacturing by-right (<25,000 ft2) or by special use permit (> 25,000 ft2). To be more marketable to the growing sector of light industrial and research and development industries, which are potential revenue and job creators, the applicant requests a special use permit for the commercial portion of the parcel (Exhibit A, B &C). The parcel is currently planned for commercial buildings that exceed 25,000 square feet,  LIGHT  INDUSTRIAL,  RESEARCH,  DEVELOPMENT. AND RELATED    Board of Supervisors November 14, 2023 Sheet 5  and the approved PUD includes architectural design elements that guarantee that the entire site will have consistent and attractive facades and appearance. The parcel will still retain the by-right uses, excluding those prohibited by proffer. The by-right uses do not have an area restriction and can be developed to the maximum density as permitted by parking and otherinfrastructure needs. During the rezoning of this property in 2021, the applicant provided traffic, fiscal, school, and utility analysis of The Villages at Terrace Greene. Proffers were approved to offset the potential impacts of the development. There is an existing 12" water main along Seminole Trail and Terrace Greene Circle. A gravity sewer main is located at the Terrace Greene Apartment complex, and a sewer pump station is on Flintstone Drive. The applicant has provided a Fiscal Impact Analysis (FIA), which isi included in the packet. The study estimates a Net Fiscal Benefit to the County at fulll build-out to be $2,351,090. A complete Chapter 527 review was completed with the rezoning, assuming that the 30 acres would be developed into commerialofficeretal space. Proffers were approved to address any traffic impacts this development would create. After reviewing the Virginia Code, Zoning Ordinance, Zoning Map, and Comprehensive Plan, staff recommends the approval of the proposed special use permit. Staff supports the special use permit due to reasonable considerations regarding the existing use and character of the property. The proposed special use permit complies with the Comprehensive Plan, which supports development in the designated growth areas and brings revenue and jobs to Greene County. The proximity to infrastructure provides suitability for the current and proposed use. The proposal has minimal impact on transportation, airports, housing, schools, parks, and natural resources. The proposal and location of the parcels in the Ruckersville area are the most appropriate use of the land. The Planning Commission recommended approval (5-0) at the public hearing held on October 18,  2023, with conditions.  Thej public hearing was opened. There was a speaker that signed up, but it was for an issue not pertaining to this public hearing. Mr. Herring asked hert to contact stafft to discuss her concerns. Ms. Gwen Baker asked for clarification about one of the exhibits that was shown during Mr. Steve Rotter with Merit Greene was present to answer any questions the Board may Mr. Bowman said he liked the concept and said that it fits what the County wants to be in Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the Board granted the Special Use Permit as presented and chose to add the 4 acres to the SUP. (See  the presentation. have.  that area and that hei is in full support of this request. Ms. Durrer agreed.  Attachment "B")  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes    Board of Supervisors November 14, 2023 Sheet 6  Motion carried.  RE: PUBLIC HEARING TO CONSIDER RATPYINGEXECUING THE LEASES OF CURRENT LEASE HOLDERS AT 8767 SEMINOLE TRAIL IN RUCKERSVILLE Ms. Kemp said that, in relation to the purchase of the building on Route 29, those who currently have valid leases need to have those leases ratified with the County in order to satisfy  PURSUANTTO $15.2-1800 OFTHE CODE OF VIRGINIA  VRA.  The public hearing was opened and closed with no comments.  Upon motion by Steve Bowman, second by Marie Durrer and unanimous roll call vote, the Board ratified/executed new leases with the current lease holders at 8767 Seminole Trail.  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried.  RE: PUBLICHEARINGTO CONSIDER AN ORDINANCE TO ACQUIRE PROPERTYBY CONDEMNATION FOR A PUBLIC PURPOSE; THE PROPERTIES ARE IDENTIFIED ASA 516-ACRE PORTION OF LAND CURRENTLY OWNED BY BARBARA AND JESSE NIMMO II IDENTIFIED AS TAX MAP # 51-A-1 AND A .960-ACRE PORTION OF LAND CURRENTLY OWNEDI BY STEPHANANDS SANDRA BARBER IDENTIFIED ASTAXMAP Ms. Kemp explained that there are two small pieces of property that need to be purchased in order for the reservoir project to move forward. She said that this process has been ongoing for many years and most recently, the County has made good faith offers to both property owners in writing based on the assessed values. No communication was received back from one property owner and the other has been in negotiations. Ms. Kemp explained that adopting this ordinance is the first step in a long process in the case that an accepted negotiation does not take place. She  #51-4-5  reiterated that there is still time for negotiations with both property owners.  Mr. Herring clarified that the county and at least one landowner has been in negotiations back and forth, and they have not been able to reach a financial agreement, SO the judge could come back and decide in favor of the landowner or say the county wouldn't need to pay the additional fee. Basically, the judge would be the person who would decide the market value the County will pay for the properties. He also clarified that the County and both property owners still have time for negotiations. He also pointed out that we are dealing with taxpayer dollars and that  the County wants to pay a fair price for the properties.  Mr. Bowman said that he understands that what the property owners who are in negotiations with the County are asking for an amount that is fari in excess of what the County paid for similar properties in the past. He said that the County must be fiscally responsible and fair.    Board of Supervisors November 14, 2023 Sheet7  The public hearing was opened. Mr. Herring told the landowners that he would like to allow them to speak last SO that he could allow them longer than the 3 minutes that is normally  allowed during public hearings. There were ten speakers.  Reasons that the Board should not adopt this ordinance were as follows: 1. Not a long enough notification period before these proceedings started  2. Original offer is a lowball offer 3. Other concessions were not granted 4. Property owners have health concerns 5. Loss of property value and division rights  Mr. Jesse Nimmo, one of the landowners, said that he is not unwilling to negotiate. He said that he received the letter in August but did not respond within the requested 30 days. He again said that he is willing to negotiate with the County but would like to do SO face to face and have everything in black and white. He would rather not have his property associated with eminent  domain.  Mr. and Mrs. Barber spoke and expressed their displeasure with the current negotiations with the County. They do not feel that the offer from the County is fair market value, and they are not happy that the County cannot grant them the other concessions such as a graded slope, dock, etc. Mrs. Barber said that she is not concerned withl having lake front property as it will be nothing but a mosquito pit. She is concerned about their drain field and the fact that they may not be able to build a second home on the property as they had planned. She said that if the County pays her  $62,000 and gives her the concessions, they are willing to make a deal.  The public hearing was closed.  Mr. Bowman asked Ms. Schafrik and Ms. Kemp about how long they had spent speaking with the landowners trying to negotiate. Ms. Schafrik said that she has been communicating with the Barber's by telephone, text and in person and has spent several hours in negotiations.  Mr. Lamb said that he would like to slow down and defert this item until after the new year. Upon motion by Steve Bowman, second by Marie Durrer and affirmative roll call vote, the  Board adopted the ordinance as presented. (See Attachment "C")  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes No  Motion carried.    Board of Supervisors November 14, 2023 Sheet 8  The Chairman called a five-minute recess.  RE: CONSENT AGENDA  Upon motion by Marie Durrer, second by Davis Lamb and unanimous roll call vote, the  Board approved the consent agenda as amended.  a. b. C. d. e. f. g. h.  Minutes of previous meeting for a qualified disabled veteran for a business license exemption  Refund request from the Commissioner of Revenue in the amount of $12,321.16 Refund request from the Commissioner of Revenue in the amount of $5,524.84 Resolution to approve financing for vehicles and equipment (See Attachment "D") Resolution to accept and appropriate $3,500.00 for the FY24 REPP Grant (See Resolution to accept and appropriate $50,000.00 from the US Department of Treasury's Local Assistance and Tribal Consistency Fund for website upgrades Resolution to accept and appropriate $3,013.00 for the Litter Prevention and Letter of Support for Greene County Public Schools' Construction Assistance Resehwtioninspparttioniethe-rce Resolution in support of the project by the Greene Commons Group, Inc. to design and build a bathroom facility (See Attachment "T')  Attachment "E") (See Attachment "F")  Recycling Program Grant (See Attachment "G")  Grant (See Attachment "H")  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried.  RE: RESOLUTIONI INS SUPPORTOFLOW POWER FMI RADIOSTATION, APPLICATION Mr. Bowman explained that the FM radio station application to the FCC. He said that there are a number of school districts and local governments around the nation that operate educational programming on al low power FM: radio station and the it would be beneficial for the County.  TOTHE] FCC  Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the  Board approved the resolution as presented. (See Attachment "J")  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried.    Board of Supervisors November 14, 2023 Sheet 9  RE: APPROVAL OFTHE 2024) LEGISLATIVE PROGRAM  Mr. David Blount was present to follow up on his presentation to the Board in September and ask for their approval of the 2024 Legislative Program. He quickly highlighted Thomas Jefferson Planning District Commission priorities and shared discussion with the Board. Board approved the 2024 Legislative Program as presented. (See Attachment "K")  Upon motion by Steve Bowman, second by Marie Durrer and unanimous roll call vote, the  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried.  RE: PUBLIC PRIVATETRANSPORTATIONZ ACT(PPTA)  Ms. Kemp shared the Public Private Transportation Act with the Board which allows the County to have a set of guidelines for specific projects that the County would need to solicit bids  for regarding transportation.  Mr. Bowman said the he likes this because the County has a lot of citizens who are Mr. Herring said that the guidelines address solicited and unsolicited bids and also involve Upon motion by Steve Bowman, second by Marie Durrer and unanimous roll call vote, the Board adopted the Public Private Transportation Act (PPTA) as presented. (See Attachment "L")  challenged when it comes to transportation needs. ai fee structure SO that the process is clear.  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried.  RE: EMERGENCY ORDINANCE AMENDING THE CODE OF ORDINANCES TO PROHIBIT OPEN FIRES AND/OR BURNING: DURING A BAN PERIOD AS DETERMINED Ms. Kemp explained that the County has to adopt an emergency ordinance to address open fires and burning in order to: institute a burn ban because our ordinance does not allow us to dos SO as currently written. She said that severe drought conditions make this necessary and that it will  BY THE EMERGENCY SERVICES DIRECTOR  be ratified with a Public Hearing at the next meeting. would be in charge of enforcing the ordinance.  Mr. Herring asked about enforcement of the ordinance. Ms. Kemp said that the Sheriff    Board of Supervisors November 14, 2023 Sheet 10  Mr. Bowman said that this ordinance states that it would be a class one misdemeanor and asked ift the Commonwealth's: Attorney would prosecute these cases. Ms. Kemp said that she had  spoken with him and that he would.  Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the  Board adopted the emergency ordinance as presented. (See Attachment "M")  Recorded vote:  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried.  RE: BOARDLIAISON REPORTS  Mr. Bowman attended the Jaunt meeting on October 11th.a and they discussed crashes and the metrics around it because they are trending above their target. They also gave an overview of the Transit Vision Plan. He attended the School Board meeting on October 11"h.andt they discussed the State budget. He attended the Planning Commission meeting on October 18th where they discussed what the Board approved tonight. Mr. Bowman attended the Ruckersville Fire Department's 75th Anniversary Open House and the Dyke Fire Department's 40th Anniversary banquet. He attended the Jaunt meeting on November gth where they discussed a retention bonus for staff and approved a 2024 service schedule. He said that the Board needs to look at the Jaunt budget coming up because it may include an increase. He attended the School Board meeting on November gth where they provided the calendar for 2024-2026. The alternative education building should be completed in May and the Tech Center should be completed in August. He said there was an informative presentation on the Virginia Literacy Act and how it will be implemented. They did al budget update and said they had received significant additional funding from the State  that will require aj public hearing as it is more than 1% of the County budget.  Mr. Lamb said that he attended the groundbreaking ceremony for Harley Davidson. Ms. Durrer said that the Jail Board met last Thursday and said that they are working on a Mr. Herring said that he was not able to attend the TJPDC meeting on November 2nd, but they discussed a resolution of support for additional funding for the TJPDC. They presented the Town of Mineral Comprehensive Plan. There discussed the Virginia Department of Health initiative for well and septic assistance. He said that The ESAB will not meet due to the holiday schedule and reminded the Board that it will now be a County Administrator workgroup rather  budget. She said that the revenues are increasing each month.  than an appointed committee. RE: MONTHLY REPORTS  Mr. Bowman commented on the Sheriff's Office monthly report that their calls for service  are up significantly as are their prisoner transport numbers.    Board of Supervisors November 14,2023 Sheet 11  RE: COUNTY ADMINISTRATOR'SUPDATE  Ms. Schafrik congratulated the incoming Board members on winning their elections. She highlighted the VDH press release that the County partnered on regarding the Mountain Lakes Water Company boil water notice. She said that media headlines make it appear that this was a  Greene County Water and Sewerissue and that it was not. RE: OTHER ITEMS FROM THE BOARD  Mr. Bowman suggested that the Board look into the barking dog ordinance. Mr. Herring said that the County Attorney should consult with the Sheriff's Office and Animal Control and see ift there is anything else the County can do with this ordinance. Ms. Durrer agreed.  Mr. Bowman said that he' s been receiving complaints again about he personal property tax and that he hopes that this will be addressed at the upcoming work session with the Commissioner  of Revenue.  Mr. Herring said that he has had a complaint about a neighbor who works for a trash company and parks the trash truck at their house. He asked staff to see if there is anything the County can do. He also congratulated everyone who won their elections and wished them the best  ofl luck. RE: ADJOURN Board meeting was adjourned. Recorded vote:  Upon motion by Steve Bowman, second by Davis Lamb and unanimous roll call vote, the  Marie Durrer Dale Herring Steve Bowman Davis Lamb  Yes Yes Yes Yes  Motion carried.  22 3 Dale Herring, Chair  Cathy Schafrik, Ctefk Greene County Board of Supervisors  Greene County Board of Supervisors    Board of Supervisors November 14, 2023 Attachment A  sunIe    BOARD OF SUPERVISORS PosT OFFICE Box 358 STYVARPSVITIF VIRGININ 22973 TFLEPHONE: 434-985-5201 Resolution November 14, 2023  Recognizing Ginny Reese for Her Years ofs Service to Greene County  WHEREAS, Ginny Reese began her career at the Jefferson Madison Regional Library at the Louisa County  Branch in 1999; and  WHEREAS, Ginny was then hired to manage the Greene County Library in 2000; and  WHEREAS, Ginny worked with the Greene County Board of Supervisors, Greene County staff, volunteers, and community organizations to move the Library from its home on Stanard Street into the modern community hub  that is the Library's current home in 2003; and  WHEREAS, Ginny founded the Greene County Libraries first programs for adults and teens; and  WHEREAS, Ginny worked with the Greene County Board of Supervisors to bring library hours, staffing, and WHEREAS, Ginny has consistently reached outside the walls of the branch to bring library service and literacy to Greene County, by attending community events, working with local organizations, and visiting local schools; WHEREAS, Ginny has been a guiding hand in providing public library service in Central Virginia as a member oft the. JMRL management team, founding member and chair of the. JMRL Customer Service Taskforce, organizer of the first Greene Reading Summit, and member of the JMRL Board Policy Committee, Board Strategic Plan Committee, Automation Committee, Programming Committee, Training Plan Committee, Customer Service WHEREAS, Ginny' s many contributions to regional library service as a dedicated public servant for 24 years NOW,THEREFORE, BEI IT RESOLVED on this 14th day of November, 2023 that the Greene County Board of Supervisors hereby recognizes and extends their appreciation to Ginny Reese for her dedicated service to the  services up to their current levels to meet the needs of the community; and  and  Committee, In-Service Committee, and Web Committee; and will be long appreciated by members of this community;  people of Greene County. D alen Dale Herring, Chair  Greene County Board of Supervisors    Board of Supervisors November 14, 2023 AttachmeBt2823-009  AN ORDINANCE (0-2023-009) GRANTING A REQUEST FOR A SPECIAL USE PERMIT WITH CONDITIONS SUP#23-003) TO MERIT GREENE, LLC, PER ARTICLE 10-1-2.10 OF THE GREENE COUNTY ZONING ORDINANCE ON APPROXIMATELY A 20-ACRE PORTION OF 65.17 ACRES TO ALLOW LIGHT INDUSTRIAL, RESEARCH, DEVELOPMENT, AND RELATED MANUFACTURING, LOCATED ON SEMINOLE TRAIL NORTHBOUND, JUST SOUTH OF MATTHEW MILL ROAD IN RUCKERSVILLE, AND IDENTIFIED AS TMP# 66- (A)-48. THE PARCEL IS ZONED PUD, PLANNED UNIT DEVELOPMENT, AND THE GREENE COUNTY FUTURE WHEREAS, $15.2-1427 and 515.2-1433 of the Code of Virginia, 1950, as may be amended from time to time, enable al local governing body to adopt, amend and codify ordinances or portions thereof; and WHEREAS, $15.2-2280, $15.2-2285, and $15.2-2286 oft the Code of Virginia, 1950, as amended, enables WHEREAS, on October 18, 2023, the Greene County Planning Commission held a public hearing on this WHEREAS, on October 18, 2023, the Greene County Planning Commission voted 5-01 to recommend to the Board of Supervisors approval oft the request to grant the Special Use Permit (SUP); and WHEREAS, the Greene County Board of Supervisors caused to be published a notice of public hearing on this matter ini the Greene County Record on November 2, 2023, and November 9, 2023; and WHEREAS, the complete application was available for public inspection in the Greene County Administration Building, Room 226, 40 Celt Road, Stanardsville, Virginia 22973; and WHEREAS, on November 14, 2023, the Greene County Board of Supervisors held a public hearing on NOW, THEREFORE, BE IT ORDAINED by the Greene County Board of Supervisors, in accordance with Article 16-2 of the Greene County Zoning Ordinance, public necessity, convenience, general welfare, and good zoning practice, that the SUP request is hereby approved subject to the following conditions: 1. Failure to comply with the conditions oft this SUPI may result ini thei issuance ofal Notice of Violation (NOV) by the zoning administrator. The Zoning Administrator may present this SUP to the Board 2. All activities associated with this SUP shall bei in compliance with all local, state, and federal laws.  LAND USE MAP DESIGNATES IT ASA "MIXED USE VILLAGE CENTER."  al local governing body to adopt and amend zoning ordinances; and matter, and all of those who spoke on this topic were heard; and  this matter, and all of those who spoke on this topic were heard.  of Supervisors for revocation if the NOV is not resolved as directed. 4. All uses shall be conducted entirely within enclosed structures.  3. All outdoor storage shall be screened.  5. Loading bays:  i. All loading bays shall be located SO that they are not visible from the road right-of-way. All loading bays shall be screened from view by the building,  landscaping, walls, or decorative fencing.  ii. Except during the process of loading or unloading, trucks and trailers shall not be parked outside the building unless parked in screened areas not    0-2023-009  visible from adjacent from adjacent road rights-of-way or properties. ii. The Zoning Administrator may waive any and all oft the loading bay location and screening requirements when a site is bordered by two or more road rights-of-ways. In no case shall a loading bay be visible from an arterial or collector road, as identified by the Greene County Comprehensive Policy  Plan.  6. Deliveries and shipments tos such uses located adjacent tor residential areas shall not occur 7. Site lighting shall be provided by fixtures that are compatible in style and illumination levels with the architecture of the principal building on the site and are not greater than twenty- five (25') in height. All fixtures shall be full cut off and meet the dark sky approved 8. Such uses shall be designed to minimize the noise impact of trucks, forklifts, and other heavy equipment on adjacent or nearby residential properties and to prevent such noise from being audible on adjacent or nearby residential properties at any greater level than 9. Façade: The building shall have exposed exterior walls (above finished grade) of brick, natural stone, glass, stucco, exposed aggregated concrete or equivalent permeant architecturaly finished material. Metal and/or aluminum may only be incorporated for 10. The facilities shall utilize public water and sewer facilities as provided by Greene County. 11. Parcel is subject to the proffers approved on August 10, 2021, and the "Commercial Design Guidelines," which govern the project's design aesthetics and exterior materials. 12. The special use permit is applicable only for the approximately 20-acre portion shown in  after 11:00 p.m. or before 6:00 a.m.  standards.  typical for residential areas.  window and decorative treatments.  Exhibit C.    0-2023-009  ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON NOVEMBER 14, 2023.  Motion: Steve Bowman Second: Davis Lamb  Votes: Herring: Durrer Lamb: Bowman:  Yes Yes Yes_ Yes  l lu Dale Herring, Chair Greene County Board of Supervisors  ATTEST/  Schafrik, Clerk Greene County Board of Supervisors  SRE    Board of Supervisors November 14, 2023 Attachment C  An Ordinance authorizing the acquisition of property for public use by negotiation or condemnation for the public purpose of constructing a new ITI IS HEREBY ORDAINED BYTHE BOARD OF SUPERVISORS OF GREENE COUNTYAS  reservoir for public water  FOLLOWS:  1. The specific property to be acquired is described as:  Barber Parcel:  A. .960 acre portion of land on the southeast portion of the property owned by Stephen and Sandra Barber located at 596 Watson Road, Ruckersville, VA 22968. This property is also identified as Tax Map Number 51-4-5. The .960 acres is more particularly  shown as the shaded area on attached map.  BEING aj portion oft the real estate conveyed to Stephan and Sandra Barber by deed from Graystone Homes, Inc, dated December 11, 2006, and recorded in the Greene County  Clerk's Office December 12,2006.  Nimmo Parcel:  A .516 acre portion of land on the southeast portion of the property owned by Barbara Nimmo and Jesse Nimmo, III located at 708 Watson Road, Ruckersville, Virginia 22968. This property is also identified as Tax Map Number 51A1. The .516: acres is more  particularly shown as the shaded area on the attached map.  BEING a portion of the real estate conveyed to Barbara Nimmo and. Jesse Nimmo, III by deed from Betty J. Lance dated December 14, 2006 and recorded in the Greene  County Clerks' Office on December 27,2006.  2. Thej proposed public use oft the Property is for construction of a reservoir to be constructed on213.094: acres ofland in Greene County. The new reservoirisar necessary public facility, asi it will act as an impoundment for the water system. Greene County needs to upgrade its 3. The Board has reviewed the acquisition for compliance with Virginia Code $ 1-219.1. Acquisition of the Property for the Public Use satisfies the requirements of that statute. 4. The County Administrator has made a bona fide effort to purchase Property from the owners, in accordance with the requirements of Virginia Code 8 25.1-204 and consistent with the most recent appraisal obtained by the County and provided to the owners.  water system to serve the county's public water system.  Accordingly, the proposed Public Use is hereby approved.    5. In the event the County Administrator, or her designee, is able to negotiate an agreement for purchase of the Property, the County Administrator, or her designee, is authorized to execute a written purchase contract in a form approved by the County Attorney. Pursuant to Virginia Code $ 15.2-1803, the Board of Supervisors hereby accepts instruments of conveyance for the Property. The Chairman of the Board of Supervisors is authorized to 6. The County Attorney is authorized to execute all collateral documents reasonably 7. In the event the County Administrator is unable to negotiate an agreement for purchase of the Property from the owners, despite a bona fide effort to do SO, the County Attorney is authorized to and directed to initiate judicial proceedings to acquire the Property for the Public Use by condemnation, in accordance with Virginia Code 88 15.2-1901, et seq,. and  execute the deed of conveyance for the Property.  necessary to facilitate settlement.  S8 25.1-200, et seq., and SS 25.1-300 de seq. 8. This ordinance shall take effect upon passage.  ADOPTED BY THE GREENE COUNTY BOARD OF SUPERVISORS ON NOVEMBER  14, 2023.  R ahe Dale Herring, Chairman Greene County Board of Supervisors  Greene County Board of Supervisors  GE4E    Boasd of Supervisors November 14, 2023 Attachment D  County of Greene, Virginia November 14,2023 Lease- Vehicles/Equipment  RESOLUTION  AUTHORIZING Al LEASE PURCHASE AGREEMENTSERISINS WHEREAS, the County of Greene, Virginia (the "County") proposes to enter into a tax- exempt lease purchase financing in order to pay capital costs to finance all or any portion of the costs to acquire and equip certain vehicles and equipment for the County and the School Board of the County (the "School Board"), including but not limited to vehicles, school buses, and equipment for use by the School Board, Emergency Medical Services, Sheriff's Office, Parks and Recreation, Maintenance Department, and any other County uses, and (b) pay costs ofi issuance in  connection with any related financing(s) (collectively, the "Project"); and  WHEREAS, TD Equipment Finance, Inc. ("TDEF") has offered to assist the County with the tax-exempt lease purchase financing ofthe Project and to enteri into al lease purchase agreement and related documents, including appropriate equipment schedules (the "Lease"), between TDEF,  as Lessor, and the County, as Lessee; and  WHEREAS, the funds made. available by TDEF under the Lease will be deposited into an escrow account pursuant to thet terms ofthat certain Escrow Agreement among the County and TD Bank, N.A. (the "Escrow Agreement"): and such funds will be applied to the Project in accordance  with the Escrow Agreement; and  WHEREAS, the County reasonably expects the Project to continue to be essential to the functions of the County and the Greene County Public Schools, respectively, for a period that is  not less than the term oft the Lease; and  WHEREAS, the County has taken or will take the necessary steps under the Virginia Public Procurement Act, Chapter 43, Title 2.2 of the Code of Virginia, 1950, as amended, in connection with the acquisition and equipping ofthej property that is the subject oft the Project; and WHEREAS, all amounts payable under the Lease are subject to sufficient appropriations from the Board of Supervisors of the County (the "Board") upon due request of the County Administrator or other officer of the County charged with the responsibility of preparing the County's budget for each fiscal year, and the County is under no obligation to make any  appropriation with respect to the Lease; and  WHEREAS, the Lease shall not constitute a general obligation oft the County, or a pledge oft the full faith and credit oft the County, ora charge against the general credit or taxing power of the County, and any amounts payable under the Lease shall not constitute a debt of the County within the meaning of any constitutional or statutory limitation, but shall constitute a current  expense subject to annual appropriations oft the Board.    NOW,THEREFORE, BETRESOLVEDBYTHE OARDOFSUPEVSOBSOT  GREENE COUNTY, VIRGINIA:  1.  Essential Governmental Purpose of Project. The Board hereby finds and  determines that the Project and the terms and conditions of the Lease, including the payment of rental payments to TDEF, as Lessor, are in the best interests ofthe County for the acquisition and equipping ofthe Project, including the lease purchase financing oft the Project. The County hereby represents and covenants that the Project, and all Lease proceeds, will be used for the essential  governmental purposes of the County or School Board, respectively.  In addition, as to the portion of the Project that constitutes the school buses, the County further finds and determines that such lease purchase financing arrangements will provide the most cost-effective means for the County to acquire and provide such personal property, as set forth in the County's 2023-2024 Fiscal Year Capital Budget, for the benefit of, and use by, the School Board and the Greene County Public Schools. To such end, the County hereby acknowledges that the school buses will be titled in the name oft the School Board in connection with its ownership, general operation, andi maintenance oft the school buses for the benefit ofthe Greene County Public  Schools.  2. Approval ofLease; Designation ofLease and Details. The terms and provisions oft the Lease as described at this meeting and as set forth in the TDEF lease purchase financing proposal attached hereto as Exhibit A, as may be amended, are hereby accepted and approved, including the payment of all or any portion of the costs of issuance and other costs relating to the Lease, filing fees (ifa any), escrow fees, and any other amounts required under the Lease, either from original proceeds of the Lease, investment earnings on the proceeds, or from County funds, all in the discretion of the County Administrator or County Finance Director. As required by TDEF, the County, or the School Board, respectively, will be responsible for all costs of operation, maintenance, insurance, and any taxes with respect to the Lease. Further upon commencement of the Lease and TDEF's payment of costs of the Project, security liens in favor ofTDEF may be filed with respect to such personal property that comprises the Project, all in accordance with the  requirements and procedures of the Virginia Department of Motor Vehicles.  The Board hereby elects a fully amortized lease term of approximately three years, if not sooner paid, with rental payments during the term of the Lease totaling a maximum aggregate principal amount not to exceed $2,150,000: and being computed at a tax-exempt fixed rate ofrental interest of4.68% per annum (in the absence ofdefault or change in tax status). Ini the event closing is delayed and interest rates change, the Board approves a fixed rate ofinterest up to a maximum 5.0% per annum. The Board hereby acknowledges and affirms that the interest component of the rental to be paid to Lessor may be subject to upward adjustment during the term of the Lease in the event the federal corporate income tax rate is reduced, the benefit of the interest income exclusion capped, or if the Lease is determined to be taxable in accordance with the Internal Revenue Code of 1986, as amended, including Treasury Regulations and Revenue Rulings  thereunder (the "Tax Code").  2    The Lease will be dated the date of issuance and delivery of the Lease, and will be fully  registered. The County Finance Director is hereby appointed as Registrar ofthe Lease.  3.  Execution, Delivery, and Performance of Lease, Escrow Agreement, and  Other Documents. The execution, delivery, and performance ofthe Lease and other related legal documents required by TDEF orl legal counsel, including the Escrow Agreement (collectively, the "Lease Documents"): are hereby authorized. The Chair and Vice Chair of the Board, the County Administrator, and the County Finance Director, any one or more of whom may act (collectively, the "County Representative"), are each hereby appointed as Authorized Representatives under the Lease, and, further, are each authorized and directed to execute, acknowledge, and deliver the Lease Documents and other related documentation as may be advised by legal counsel, together with any changes, insertions, and additions as may be approved by any one or more of such individuals who will execute the Lease Documents. Such approval will be conclusively evidenced  by such execution and delivery of the Lease Documents.  The Clerk or any Deputy Clerk ofthe Board is authorized to affix or to cause to be affixed the County seal to the Lease Documents, ifr required, and to attest such seal. Each officer or agent oft the County is further authorized and directed to do and perform such things and acts, as they deem necessary or appropriate to carry out the transactions authorized in this Resolution or contemplated by the Lease, including but not limited to such instruments and performance ofacts as may be required in order for the Lease to qualify as a tax-exempt lease purchase financing arrangement pursuant to the provisions of the Tax Code and the laws of the Commonwealth of Virginia. All ofthe foregoing acts previously performed by such officers or agents of the County  are in all respects approved, ratified, and confirmed.  4. Tax Compliance Matters. The County shall comply with the provisions of the Tax Code including the provisions of Section 148 of the Tax Code and applicable regulations relating to "arbitrage bonds" within the meaning of the Tax Code. The County further covenants that (a) the proceeds from the issuance and delivery oft the Lease (including investment earnings thereon, ifa any), all as described under the Tax Code, will be expended as set forth in the Lease Documents, (b) the County shall comply with the covenants and representations contained in the Lease, and the provisions of the County's Post-Issuance Compliance Policy for Tax-Exempt Obligations, and (c) the County shall comply with the provisions of the Tax Code SO that the interest component oft the rental being paid by the County to Lessor will remain excludible from  gross income for federal income tax purposes.  To the extent that the principal amount of the Lease, together with any proceeds thereof (including investment earnings, ifa any), exceeds the actual cost oft the Project, the County hereby authorizes that any such additional amounts available under the Lease, ifany, will be expended by the County for capital projects for essential governmental purposes, or as otherwise may be allowed or required under the Tax Code, including the optional prepayment of a portion of the  outstanding amount oft the Lease.  3    5. Nature of Obligation. It is to be understood that the Lease represents a rental arrangement between the County and TDEF. Nothing in this Resolution or the Lease shall constitute a debt oft the County, and the Board shall not be obligated to make any payments under this Resolution or the Lease except from moneys appropriated therefor, from time to time, in the  discretion oft the Board. 6.  Effective Date. This Resolution is effective upon its adoption.  DATED: November 14, 2023  BOARD OF SUPERVISORS OF THE COUNTY OF GREENE, VIRGINIA  By:  Chair  Exhibit A: TDEF Bank Proposal  CERTIFICATE OF VOTES  The undersigned hereby certifies that the foregoing constitutes a true and correct copy of the foregoing Resolution duly adopted by the Board of Supervisors of Greene County, Virginia, upon a roll-call vote at a regular meeting duly held and called on the date hereof, and that the  recorded roll-call vote of the Board of Supervisors is as follows:  NAME  AYE  NAY  ABSTAIN  ABSENT  Dale R. Herring, Chair Marie C. Durrer, Vice Chair Davis Lamb Steven Bowman Dated: November 14, 2023  COUNTY OF GREENE, VIRGINIA  [SEAL]  Clerk of the Board of Supervisors  4    Board of Supervisors November 14, 2023 Attachment E  RESOLUTION TO ACCEPT AND APPROPRIATE THREE THOUSDAND AND FIVE HUNDRED DOLLARS FOR THE FY24 REPP GRANT PROGRAM  WHEREAS, the County of Greene has received funding from the Commonwealth of Virginia's 's Radiological Emergency Preparedness Fund; and WHEREAS, the funds in the amount of three thousand five hundred dollars ($3,500.00) need to be accepted and appropriated to the correct line item in the 2023-  2024 budget of the County of Greene, Virginia.  NOW,THEREFORE, BEIT. ANDITISHEREBYRESOLVED by thel Board of Supervisors of the County of Greene, Virginia that three thousand five hundred dollars ($3,500.00) be appropriated to the 2023-2024 budget of the County of  Greene.  BE IT FURTHER RESOLVED that the County Administrator of the County of Greene, Virginia is authorized to make the appropriate accounting adjustments in  the budget to all things necessary to give his resolution effect.  Adopted this 14th day of November, 2023.  Motion: Marie Durrer Second: Davis Lamb Recorded Vote: Steve Bowman Marie C. Durrer Dale R. Herring Davis Lamb  Yes Yes Yes Yes  D2 4 2oc Dale R. Herring, Chair Greene County Board of Supervisors  ATTEST:  Cathy  Greene County Board of Supervisors  APAS    Board of Supervisors November 14, 2023 Attachment F  RESOLUTION TO ACCEPT AND APPROPRIATE FIFTY THOUSAND DOLLARS FROM THE U.S. DEPARIMENT OF TREASURY'SLOCAL  ASSISTANCE AND TRIBAL CONSISTENCY FUND  WHEREAS, the U.S. Department of Treasury has awarded the County of Greene, Virginia funding through its Local Assistance and Tribal Consistency Fund;  and  WHEREAS, the County of Greene, Virginia needs to make security upgrades WHEREAS, the funds in the amount of fifty thousand dollars ($50,000.00) need tol be accepted and appropriated to the correct line item in the 2023-2024 budget  toi its website; and  of the County of Greene, Virginia.  NOW,THEREFORE, BEIT. ANDITISHEREBYRESOLVED by the Board of Supervisors of the County of Greene, Virginia that fifty thousand dollars ($50,000.00) be appropriated to the General Fund to upgrade the County's website. BE IT FURTHER RESOLVED that the County Administrator of the County of Greene, Virginia is authorized to make the appropriate accounting adjustments in  the budget to all things necessary to give this resolution effect.  Adopted this 14th day of November, 2023.  Motion: Marie Durrer Second: Davis Lamb Recorded Vote: Steve Bowman Marie C. Durrer Dale R. Herring Davis Lamb  Yes Yes_ Yes Yes  l r Dale Herring, Chair  ATTEST    Cathy Schafrik,  capaly  Greene County Board of Supervisors  Greene County Board of Supervisors    Board of Supervisors November 14, 2023 Attachment G  RESOLUTION TO ACCEPT AND APPROPRIATE THREE THOUSAND THIRTEEN DOLLARS FOR ADDITIONAL FUNDS RECEIVED FROM THE STATE FOR THE. LITTER PREVENTION AND RECYCLING PROGRAM GRANT  WHEREAS, the County of Greene received additional funds from the State WHEREAS, the funds in the amount of three thousand thirteen dollars ($3,013.00) need tol be accepted and appropriated to the correct line item in the 2023-  for the Litter Prevention and Recycling Program Grant; and  2024 budget of the County of Greene, Virginia.  NOW,THEREFORE, BEITA ANDITISHEREBY RESOLVED by thel Board of Supervisors of the County of Greene, Virginia that three thousand thirteen dollars ($3,013.00) be appropriated to the 2023-2024 budget of the County of Greene.  BE: IT FURTHER RESOLVED that the County Administrator of the County ofGreene, Virginia is authorized to make the appropriate accounting adjustments in  the budget to all things necessary to give his resolution effect.  Adopted this 14th day of November, 2023.  Motion: Marie Durrer Second: Davis Lamb Recorded Vote: Steve Bowman Marie C. Durrer Dale R. Herring Davis Lamb  Yes Yes Yes Yes  DO& le Dale R. Herring, Chair Greene County Board of Supervisors  ATTEST/  Greene County Board of Supervisors  R45    Board of Supervisors November 14, 2023 Attachment H  of  SANIe    BOARD OF SUPERVISORS PosT OFFICE Box358 STINARDSVIIF. VIRGINIA22973 TFLEPHONE: 434-985-5201  November 14, 2023 Dr. Lisa Coons Superintendent of Public Instruction Virginia Department of Education P.O. Box 2120 Richmond, VA, 23218  RE: Support for Greene County Public Schools' Construction Assistance Grant  Application Dear Dr. Coons,  The Greene County Board of Supervisors writes to express support for the Greene County Public Schools' Construction Assistance Grant Application. This grant will assist the division in building a freestanding addition to the Greene County Technical Education Center (GCTEC). GCTEC programs continue to grow inj popularity, which has led to the school outgrowing the current facility and the need to provide additional space to support our students and programs. The addition of ar modern structure with flexible learning spaces and sufficient square footage will provide our students Greene County Public Schools' staff works very hard to empower the community's children for lifelong success, andi it is important that our facilities represent that philosophy. Providing the needed additional space with modern updates for career and technical programs willl help prepare our students for success The Greene County Board of Supervisors supports this project and shows its commitment for the project and the application to the Virginia Department of Education's School Construction Assistance Grant by guaranteeing it will maintain the percentage of local annual funding to the division during the  with the opportunities they deserve.  and readiness in the 21st century workforce.  project's timeframe.    Thank you for the opportunity to show our support for this project and your consideration during the  grant process. Sincerely, R ahe Dale Herring, Chair Greene County Board of Supervisors    Board of Supervisors November 14, 2023 Attachment I  RESOLUTION: GREENE COMMONS PERMANENT BATHROOMS  At a regular meeting of the Board of Supervisors of Greene County, Virginia held in the Board Meeting Room on Tuesday, November 14, 2023, at which meeting a quorum was present and WHEREAS, County of Greene owns the improvements located at parcel 37-(A)-15, 40 Celt Road, Stanardsville identified as the Greene Commons Farmers Market and Pavilion; and WHEREAS, Greene Commons Group, Inc. has an MOU with County of Greene to manage the WHEREAS, Greene Commons Group, Inc. is required to gain approval from the County of Greene WHEREAS, Greene Commons Group, Inc. has identified a need for a permanent bathroom facility WHEREAS, Greene Commons Group, Inc. would like permission from the Greene County Board of Supervisors to hire a professional engineer to create the required site plan and begin raising the NOW THEREFORE, BE IT RESOLVED that the Board of Supervisors supports the project and grants permission to Greene Commons Group, Inc. to design and build the proposed ADOPTED BYTHE GREENE COUNTY BOARD OF SUPERVISORS ON NOVEMBER 14, 2023.  voting, the following resolution was adopted:  farmers market and pavilion; and  before making any physical improvements or changes to the site; and  toa accommodate vendors and guests; and  necessary funds for the project;  bathroom facility after the site plan is approved.  2 Pan Dale Herring, Chairman Greene County Board of Supervisors  athy Schafrik, Clerk 4 Greene County Board of Supervisors  Buze  Recorded' Vote: Durrer: Lamb:  Yes Yes  Bowman: Yes Herring:  Yes    Board or supervisors November 14, 2023 Attachment J  RESOLUTION IN SUPPORT OF LOW POWER FM RADIO STATION APPLICATION TO THE FCC  WHEREAS, the County of Greene, Virginia, is a nonprofit educational institution or organization that is physically headquartered in Greene County,  Virginia; and  WHEREAS, the County of Greene, Virginia, wishes to inform residents within its community regarding numerous educational activities, including public  safety; and  WHEREAS, the FCC is holding an open Low Power FM New Station WHEREAS, there are frequencies available within the County of Greene, NOW,THEREFORE, BEIT ANDITISI HEREBY RESOLVED by the Board of Supervisors of the County of Greene, Virginia, that Greene County supports the proposed application, and that the County Administrator, or her designee, is  Application Filing Window from Dec. 6-Dec.13, 2023; and  Virginia.  authorized to execute the submittal with the license application.  Adopted this 14th day of November, 2023.  Motion: Steve Bowman Second: Davis Lamb Recorded Vote: Steve Bowman Marie C. Durrer Dale R. Herring Davis Lamb  Yes Yes Yes Yes  D2 lh Dale Herring, Chair  ATTEST  Clerk  Sdki  Schafrik,  s  Greene County Board of Supervisors  Greene County Board of Supervisors    Board of Supervisors November 14, 2023 Attachment K  Thomas Jefferson Planning District 2024 LEGISLATIVE PROGRAM  Albemarle County I City ofCharlottesville Fluvanna County Greene County Louisa County I Nelson County  November 2023 DRAFT  Ned Gallaway, Chair Christine Jacobs, Executive Director David Blount, Director ofLegislative Services    TOP LEGISLATIVE PRIORITIES  Public Education Funding  PRIORITY: The Planning District localities urge the State to fully fund its share of the realistic costs of the Standards of Quality (SOQ) and reverse policy changes that previously reduced funding or shifted funding The State will spend billions of dollars on direct aid to public education in the current biennium. While we appreciate additional state teacher salary and other one-time and ongoing education dollars approved during the current biennium, we continue to believe that the State should increase its commitment to K-12 education in a manner that reflects the true costs of K-12 education. This belief was supported this past summer with the release of the Joint Legislative Audit and Review Commission (JLARC) report on K-12 education funding, which found that public education in Virginia is underfunded, noting that local school divisions receive less K-12 funding per student than divisions in other states and several key funding benchmarks. Local governments consistently go "above and beyond" by appropriating twice as much K-12 funding as required by the state. We believe localities need an adequately-defined SOQ sO that state funding better aligns with prevailing local practice in schools that drives the additional local dollars. This could include recognizing additional instructional positions and increasing state-funded staffing ratios for various non-instructional positions in the education funding Further, we urge state efforts to support 1) flexibility in the use of state funds provided for school employee compensation. 2) adequate pipeline programs for teachers, especially in critical shortage areas; and 3) funding and policies that assist localities in addressing challenges  responsibility to localities.  formula.  with hiring school bus drivers and mental health professionals.  Budgets and Funding  PRIORITY: The Planning District's member localities urge the governor and legislature to enhance state aid to localities, to not impose unfunded mandates on or shift costs to localities, and to enhance local revenue As the State continues to fine-tune revenue and spending priorities for the current biennium, we encourage support for K-12 education, health services, public safety, economic development and other public goals. Localities continue to be the state's "go-to" service provider and we believe state investment in local service delivery must be enhanced. Especially in these critical times, the State should not expect local governments to pay for new funding requirements or to expand existing ones on locally-delivered services, without a commensurate increase in state We oppose unfunded state and federal mandates and the cost shifting that occurs when the State or the federal government fails to fund requirements or reduces or eliminates funding for programs. Doing sO strains local ability to craft effective and efficient budgets to deliver required  options.  financial assistance.  services or those demanded by residents.  oferen Planning District Commission    We support the legislature making additional revenue options available to localities in order to diversify the local revenue stream. Any tax reform efforts should examine the financing and delivery ofs state services at the local level and how revenue is generated relevant to our economic competitiveness. The State should not eliminate or restrict local revenue sources or confiscate or redirect local general fund dollars to the state treasury. This includes Communications: Sales and Use Tax Trust Fund dollars, the local share of recordation taxes, and any state-mandated exemptions to the local option sales tax, unless a viable revenue-replacement to local  governments is established.  Land Use and Growth Management  PRIORITY: The Planning District's member localities encourage the State tor resist preempting or circumventing existing land use authorities, and to  support local authority to plan and regulate land use.  In the past, the General Assembly has enacted both mandated and optional land use provisions. Some have been helpful, while others have prescribed one-size-fits-all rules that hamper different local approaches to land use planning. Accordingly, we support local authority to plan and regulate land use and oppose legislation that weakens these key local responsibilities. We support the State providing additional tools to plan and manage growth, as current land use authority often is inadequate to allow local governments to provide for balanced growth in ways - We support broader impact fee authority for facilities other than roads, authority that should provide for calculating the cost of all public infrastructure, including local transportation and We: support changes to provisions oft the current profer law that limit the scope of impacts that - We oppose legislation that would 1) restrict local oversight of the placement of various elecommunications infrastructure; 2) single out specific land uses for special treatment without regard to the impact of such uses in particular locations; and 3) exempt additional facilities serving as event: spaces from building, fire code and other health and safety regulations. We request state funding and incentives for localities, at their option, to acquire, preserve and maintain open space, and support greater flexibility for all localities in the preservation and  that protect and improve quality oflife. school construction needs caused by growth. may be addressed by proffers.  management oft trees.  feren Planning Districto Commission  2    LEGISLATIVE POSITIONS  Broadband  The Planning District's member localities urge and support state and federal efforts and financial incentives that assist localities and their communities in deploying universal, affordable access to broadband technology in unserved areas. While we appreciate federal and state actions that have substantially increased funding for the Virginia Telecommunication Initiative (VATI), we believe state and federal support for broadband expansion that utilizes both fiber and wireless technologies, public/private partnerships and regulated markets should include the following: Support for cooperative efforts among private broadband, internet and wireless companies, and Support for linking broadband efforts for education and public safety to private sector efforts to The ability of localities to establish, operate and maintain sustainable broadband authorities to Provisions and incentives that would provide a sales tax exemption for materials used to  electric cooperatives to ensure. access to service at an affordable cost. Maintaining local land use, permitting, fee and other local authorities.  serve businesses and residences.  provide essential broadband to communities. construct broadband infrastructure.  Children's Services Act  The Planning District's member localities urge the State to be partners in containing Children's Services Act (CSA) costs and to better balance CSA responsibilities between the State We support local ability to use state funds to pay for mandated services provided directly by the locality, specifically for private day placements, where the same services could be offered in We support the state maintaining cost shares on a sum sufficient basis by both the State and local governments; changing the funding mechanism to a per-pupil basis of state funding would We support a cap on local expenditures (with the State making up any gaps) in order to combat - We support the State being proactive in making residential facilities, services and service providers available, especially in rural areas, and in supporting locality efforts to provide facilities - We oppose state efforts to increase local match levels and to make the program more uniform  and local governments. Accordingly, we take the following positions:  schools.  shift the sum sufficient portion fully to localities, which we would oppose. Wes support enhanced state funding for local CSA administrative costs.  higher costs for serving mandated children. and services on a regional level.  by attempting to control how localities run their programs.  oren Planning! District Commission  3    Economic and Workforce Development The Planning District's member localities recognize economic development and workforce training as essential to the continued viability ofthe Commonwealth. Policies and additional state funding that closely link the goals of economic and workforce development and the state'sefforts to streamline and integrate workforce activities and revenue sources are crucial. Accordingly, we Enhanced coordination with the K-12 education community to equip the workforce with in- demand skill sets, so as to align workforce supply with anticipated employer demands. Continuing emphasis on regional cooperation in economic, workforce and tourism development. Continuation of the GO Virginia initiative to grow and diversify the private sector in each State job investment and small business grants being targeted to businesses that pay higher State support for the Virginia Business Ready Sites Program and for an economic development  support the following:  region. wages.  project adjacent to the existing Rivanna Station.  Increased state funding for regional planning district commissions.  Education  The Planning District's member localities believe that, in addition to funding the Standards ofQuality (as previously noted), the State should be a reliable funding partner with localities by recognizing other resources necessary for a high-quality public education system. Accordingly, Concerning school facilities, we appreciate and support the school construction assistance programs enacted in 2022 and request that they be consistently funded. We also support allowing all localities the option of levying a one-cent sales tax to be used for construction or renovation of school facilities. The State also should discontinue seizing dollars from the Literary Fund to help The State must continue to be a partner in sharing costs with localities for children served in We support 1) amending the LCI formula to recognize the land use taxation value, rather than the true value, of real property; and 2) preserving current Code provisions stipulating that local school funds unexpended at the end oft the year be retained by the local governing body. We believe that unfunded liability associated with thet teacher retirement plan should be a shared  we take the following positions:  pay for teacher retirement. private special education placements.  responsibility ofs state and local government.  Environmental and Water Quality  The Planning District's member localities believe that environmental and water quality should be funded and promoted through a comprehensive approach, and address air and water quality, solid waste management, land conservation, climate change and land use policies. Such an approach requires regional cooperation due to the inter-jurisdictional. nature of environmental  6 Mher  Planning! District Commission  4    resources, and adequate state funding to support local and regional efforts. Accordingly, we take - We oppose legislation mandating expansion oft the Chesapeake Bay Preservation Act's coverage area.* Instead, we urge the State to provide legal, financial and technical support to localities that wish to improve water quality and use other strategies that address point and non-point source pollution. We also support aggressive state investment in meeting required milestones for We support state investment targeted toj permitted dischargers to upgrade treatment plants, to aid We support continued investment in the Stormwater Local Assistance Fund to assist localities with much-needed stormwater projects and ini response to any new regulatory requirements. Any such requirements should be balanced, flexible and not require waiver ofs stormwater charges. We support the option for localities, as a part of their zoning ordinances, to designate and/or reasonably restrict the land application of biosolids to specific areas within the locality. We support legislative and regulatory action to ensure effective operation and maintenance of alternative on-site sewage systems and to increase options for localities to secure owner - We support dam safety regulations that do not impose unreasonable costs on dam owners whose The State should be a partner with localities in water supply development and should work with and assist localities in addressing water supply issues, to include providing funding for development and implementation of state-required regional plans and investing in regional - The State should not impose a fee, tax or surcharge on water, sewer, solid waste or other local - We support local authority to address choices and impacts associated with utility-scale installation of clean energy resources. As the move to non-carbon sources of energy continues, we support the creation of stronger markets for distributed solar and authority for local governments toi install small solar facilities on government-owned property and use the electricity  the following positions:  reducing Chesapeake Bay pollution to acceptable levels.  farmers with best management practices, and to retrofit developed areas.  abatement or correction ofs system deficiencies. structures meet current safety standards.  projects.  services to pay for state environmental programs.  for schools or other government-owned buildings located nearby.  General Government  The Planning District's member localities believe that since sO many governmental actions take place at the local level, a strong local government system is essential. Local governments must have the freedom, flexibility and tools to fulfill their responsibilities. Accordingly, we take State policies should protect local governments' current ability to regulate businesses, to include collection and auditing of taxes, licensing and regulation, whether they are traditional, electronic, internet-based, virtual or otherwise, while encouraging a level playing field for competing - We oppose intrusive legislation involving purchasing procedures; local government authority to establish hours of work, salaries and working conditions for local employees; matters that can be The state should maintain the principles ofs sovereign immunity for local governments and their Localities should have maximum flexibility in providing compensation increases for state- supported local employees (including school personnel), as local governments provide significant  thei following positions:  services in the marketplace.  adopted by resolution or ordinance; and procedures for adopting ordinances.  employees, to include regional jail officers.*  he feren Planning District Commission    local dollars and additional personnel beyond those funded by the State. We also support the use ofa notarized waiver to allow volunteer workers to state they are willing to provide volunteer We urge state funding to address shortfalls in elections administration dollars, as administration has become more complex and federal and state financial support for elections continues to lag behind the need. We request adequate funding for costs associated with voting equipment, We urge state funding necessary for agencies to carry out tasks such as processing applications, We support expanding the allowable use of electronic meetings for all local public bodies, with flexibility for them to determine public comment, participation and other procedures. Also, any changes to FOIA should preserve 1)al local governing body'sa ability to meet in closed session; 2) the list of records currently exempt from disclosure; and 3) provisions concerning the creation of We support the use of alternatives to newspapers for publishing various legal advertisements We support federal and state funding for localities to acquire and maintain advanced  services and waive any associated compensation.  registrar offices, early voting requirements and election security standards. reviewing permits and other critical administrative functions.  customized records. and public notices.  cybersecurity toj protect critical systems and sensitive data. We support enhanced state funding for local and regional libraries. Wes support expanding local authority to regulate smoking in public places.  Health and Human Services  The Planning District's member localities recognize that special attention must be given to helping disabled people, poor people, and young and elderly people achieve their full potential. Transparent state policies and funding for at-risk individuals and families to access appropriate We support full state funding for any local costs associated with Medicaid expansion, including local eligibility workers and case managers, but oppose any shifting of Medicaid matching The State should provide sufficient funding to allow Community Services Boards to meet the challenges of providing a community-based system of care that helps divert people from needing a state hospital level of care, as well as having services such as outpatient and permanent supportive housing available. We also support measures to address census pressures at state hospitals that will enable them to receive admissions of individuals subject to temporary The State should ensure that stable, predictable funding through state and federal appropriations isavailable to help low-income families with children achieve economic self-sufficiency. We support the provision of sufficient state funding to match federal dollars for the administration of mandated services within the Department of Social Services, and to meet the staffing standards for local departments to provide services as stipulated in state law. We support continued operation and enhancement of early intervention and prevention programs, including the Virginia Preschool Initiative and Part C of the Individuals with  services are critical. Accordingly, we take the following positions:  requirements from the State to localities.  detention orders without delays.  Disabilities Education Act (infants and toddlers).  Thes Th Planning District Commission    Housing  The Planning District's member localities believe every citizen should have an opportunity to afford decent, safe and sanitary housing. The State, regions and localities should work to promote affordable and mixed-use housing, and to expand and preserve the supply and improve the quality of housing that is affordable for the elderly, disabled, and low- and moderate-income We support the following: 1) local authority to promote and flexibility in the operation of housing affordability programs and establishment of affordable dwelling unit ordinances; 2) increased federal and state funding, as well as appropriate authority and incentives, to assist localities in fostering housing that is affordable; 3) grants and loans to low- or moderate-income persons to aid in purchasing dwellings; and 4) measures toj prevent homelessness and to assist the We support incentives that encourage rehabilitation and preservation of historic structures.  households.  chronic homeless.  Public Safety  Thel Planning District's member localities encourage state financial support, cooperation and assistance for law enforcement, emergency medical care, criminal justice activities and fire services responsibilities carried out locally. Accordingly, we take the following positions: The Compensation Board should fully fund local positions that fall under its purview, to include supporting realistic levels of staffing to enable constitutional offices to meet their responsibilities and limit the need for localities to provide additional locally-funded positions. The Compensation Board should not increase the local share of funding for Constitutional offices or divert money away from them, and localities should be afforded flexibility in the state use ofs state funds for We encourage state support and incentives for paid and volunteer fire/EMS/first responders, - We support state efforts to assist localities in recruiting and retaining law enforcement - We support changes to the Line of Duty Act (LODA) to afford officers employed by private We urge state funding of the HB 599 law enforcement program in accordance with Code of We support adequate and necessary funding for mental health and substance abuse services at We encourage needed funding for successful implementation of policies and programs that 1) supplement law enforcement responses to help individuals in crisis to get evaluation services and treatment; 2) provide alternative transportation options for such individuals; and 3) reduce the amount oft time police officers must spend handling mental health detention orders. In an effort to fairly share future cost increases, we support indexing, jail per diem costs as a fixed percentage of the actual, statewide daily expense average, as set forth int the annual Jail Cost - We support the ability of local governments to 1) adopt policies regarding law enforcement body worn cameras that account for local needs and fiscal realities, and 2) utilize photo speed  compensation for these offices.  given the ever-increasing importance they play inl local communities.  personnel.  police departments the benefits available under LODA. juvenile and adult detention facilities andj jails.  Virginia provisions.  Report.  camera devices on locally-designated highway segments.  eren  PlanningD District Commission    Transportation  The Planning District's member localities recognize that revenues for expanding and maintaining all modes of infrastructure are critical for meeting Virginia's well-documented transportation challenges; for attracting and retaining businesses, residents and tourism; and for keeping pace with growing public needs and expectations. We encourage the State to prioritize funding for local and regional transportation needs. Accordingly, wei take the following positions: As the State continues to adjust the "Smart Scale" prioritization and the funds distribution process, there should be state adequate funding and local authority to generate transportation dollars for We support additional authority to establish mechanisms for funding transit and non-transit We support the Virginia Department of Transportation utilizing Metropolitan Planning Organizations and regional rural transportation: staff to conduct local transportation studies. We oppose attempts to transfer responsibility to counties for construction, maintenance or We support ongoing state and local efforts to coordinate land use and transportation planning and urge state and local officials to be mindful of various local and regional plans when conducting  important local and regional projects across modes.  projects in our region.  operation of current or new: secondary roads.  corridor or transportation planning within al locality or region.  8  Planning District Commission        Board of Supervisors November 14, 2023 Attachment L  GREENE COUNTY RESOLUTION. ADOPTING THE. PUBLIC-PRIVATE  TRANSPORTATIONACT OF 1995 GUIDELINES  WHEREAS, the Virginia General Assembly has enacted the Public-Private Transportation Act of 1995 (the "PPTA"), $33.2-1800 through $33.2-1832; of the Virginia Code 1950, as  amended; and  WHEREAS, the County would like to establish guidelines for accepting solicited and WHEREAS, the County staff recommends for adoption the following attached guidelines for qualifying PPTA projects, which will provide the County with an additional procurement and  unsolicited proposals for qualifying transportation improvements; and  project delivery tool for transportation projects.  NOWTHEREFORE BEI ITI RESOLVED, that the Greene County Board of Supervisors ADOPTED by the Greene County Board of Supervisors this 14th day of November, 2023.  hereby adopts the attached PPTA guidelines effective immediately.  Q ahe Dale Herring, Chairman Greene County Board of Supervisors  Schafrik, Clerk  0  Cathy  Greene County Board of Supervisors  Recorded Vote: Durrer: Lamb:  Yes Yes  Bowman: Yes Herring:  Yes    Board of Supervisors November 14, 2023 Attachment M  GREENE COUNTY, VIRGINIA EMERGENCY ORDINANCE  AMENDING THE CODE OF ORDINANCES TO PROHIBIT OPEN FIRES AND/OR BURING DURING A BAN PERIOD AS DETERMINED BY THE EMERGENCY SERVICES DIRECTOR WHEREAS, the Director of Emergency Services declared a local emergency based on drought conditions on September 7, 2023 and the Board of Supervisors ratified that action on  September 12, 2023; and  WHEREAS, the Governor of Virginia declared a state of emergency on November 6, WHEREAS, from time to time there are extended periods where the County and WHEREAS, during times where hazardous conditions exist, the Emergency Services Director needs to limit all outdoor fires at any time of the year as may be necessary; and WHEREAS, the County's general police powers, particularly those during an emergency, the Board of Supervisors finds that the following amendment to the Code of Ordinances of Greene County, Virginia, would promote the health, safety, and general welfare of Greene County, Virginia, and be in accord with the declarations of legislative intent set forth in Virginia Code Section 88 15.2-1425 etc. seq. (1950, as amended) and the General Provisions of the Code of  2023, due to the wildfires in the Commonwealth; and  surrounding areas are without significant precipitation and/or high winds; and  Ordinances of Greene County, Virginia.  NOW, THEREFORE, BEI IT ORDAINED by the Board of Supervisors of Greene County, Virginia that the Code of Ordinances of Greene County, Virginia, be, and it hereby is, Amend Chapter 42 "Fire Prevention and Protection," adding an additional Section titled "Serious A. It shall be unlawful for any person to set an open fire or do any open burning or use recreational fires or bonfires whenever an emergency exists as determined and declared by the Director of Emergency Services. Ifweather conditions have caused forest lands, brush lands, field, and other property tol become SO dry as to create a serious fire hazard that could potentially endangers lives and/or property, the Director or Emergency Services shall declare that there is a ban on outdoor burning throughout the County. This shall include 1. No owner or lessee of land to set fire to, or to procure another to set fire to, any woods, brush, logs, leaves, grass, debris, or other inflammable material within private or public lands in Greene County. Its shall also be unlawful for any employee  amended on an emergency basis as follows: Fire Hazards," toi include the following:  but not be limited to the following.    of any such owner orl lessee ofl land tos set fire or to procure another to set fire toany 2. Noj person in Greene County may burn any items outside or dispose of any burning embers outside, including but not limited to leaves, garbage, shrubbery, open-air grills, campfires, or firepits because of the potential that such burning, or disposal may cause uncontrolled fires. Nor may any such person discard or dispose of any smoking materials such as cigarettes, pipped tobacco, cigars, and the like outside unless such smoking materials are fully and totally extinguished.  woods, brush, logs, leaves, grass, or debris.  3. Each violation of this ban shall be a Class 1 misdemeanor and any law enforcement officer may issue a summons directly to any individual violating the ban.  Due to an existing emergency, in accordance with Section 15.2-1427(F) of the Code of Virginia, this Ordinance is adopted on November 14, 2023, without prior notice, on an emergency basis, and shall be enforced for no more than thirty (30) days, or until the next regularly scheduled Board of Supervisors meeting where it will be properly noticed and voted upon for ratification.  BEI ITSO ORDAINED THIS 14th day of November, 2023  D2 alan Dale Herring, Chairman Greene County Board of Supervisors  Greene County Board of Supervisors  G4p