Board of Supervisors September 24, 2024 Sheet I  September 24, 2024 County of Greene, Virginia  THE GREENE COUNTY BOARDOFSUPERVISORS MET ONTUESDAYSEPTENRER3 2024, BEGINNING AT 4:30 P.M. IN PERSON IN THE COUNTY ADMINISTRATION  BUILDING MEETING ROOM  Present were:  Marie Durrer, Chair Davis Lamb, Vice Chair Steve Catalano, Member Tim Goolsby, Member Francis McGuigan, Member Cathy Schafrik, County Administrator Kim Morris, Deputy Clerk Jim Frydl, Director of Planning & Zoning Stephanie Golon, Deputy Director of Planning & Zoning Kelley Kemp, County Attorney Mark Kelpe, Member Ron Williams Dave Mastervich, Member Angela Hawkins, Member  Staff present:  Planning Commission present:  RE: WORKSHOP WITH THE PLANNING COMMISSION REGARDING MANDATORY WATER AND SEWER CONNECTIONS AND DISCUSSION OF PRIORITIES The Board of Supervisors and the Planning Commission met to discuss the possibility of mandatory water and sewer connections. Currently, Greene County does not have a rigid policy on who must connect to the public water and sewer system. The proposed ordinance aims to mandate connections for new construction or when an existing private system fails. The state code protects existing wells and septic systems, SO the mandatory connection requirement would only apply to new construction or when aj private system fails. It was recommended that the connection area include all parcels that touch or adjoin the water and sewer infrastructure, based on the state code's allowance to require connection for those properties. There was discussion about including language to address capacity constraints, where the county may not be able to require connection ifthere is insufficient capacity in the public system. The definition ofa' "failed" system that would trigger the mandatory connection requirement was an important point of discussion, with the need for clear language to avoid confusion. The appeal process for denied connection requests was also al key topic, with the recommendation that appeals be reviewed by the Board of Supervisors.    Board of Supervisors September 24, 2024 Sheet 2  The Board of Supervisors also discussed their list of priorities regarding ordinance revisions with the Planning Commission. They discussed performance bonds, data centers, solar panels, agritourism, and the Agricultural Forestal District committee and the order in which they  would like staff and the Planning Commission to begin working.  RE: CLOSED MEETING  Ms. Kemp read the proposed resolution for Closed Meeting.  WHEREAS, the Board of Supervisors of Greene County desires to discuss in Closed Consultation with legal counsel pertaining to actual or probable litigation, where such consultation or briefings in open meeting would adversely affect the negotiating or litigating posture of the public body regarding litigation over zoning matters. Discussion oft thei investment of public funds where competition is involved, where, ifmade publicinitially, the financial interest oft the governmental until would be adversely affected. Consultation with legal counsel employed or retained by the public body regarding specific WHEREAS, pursuant to: $2.2-3711 (A)(6), (A)(7), and (A)(8) of the Code of Virginia, NOW,THEREFORE, BEI ITI RESOLVED that thel Board of Supervisors of Greene County Upon motion by Davis Lamb, second by Steve Catalano and unanimous roll call vote, the  Meeting the following matter(s):  legal matters requiring the provision of legal advice by such counsel.  such discussions may occur in Closed Meeting;  does hereby authorize discussion of the aforestated matters in Closed Meeting.  Board entered into Closed Meeting. Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried. RE: OPEN MEETING Board returned to open meeting.  Upon motion by Steve Catalano, second by Davis Lamb and unanimous roll call vote, the    Board of Supervisors September 24, 2024 Sheet 3  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  By unanimous roll call vote, members certified that only public business matters lawfully exempted from the open meeting requirement and only such matters asi identified by the motion to  enter into closed meeting were discussed.  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  RE: PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE  The Chair opened the meeting with the Pledge of Allegiance followed by a moment of  silence.  RE: ADOPTION OF AGENDA agenda was adopted as presented. Recorded vote:  Upon motion by Steve Catalano, second by Tim Goolsby and unanimous roll call vote, the  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  RE: MATTERS FROMTHE PUBLIC  Ms. Renee Birchell comments on the speed issues on Route 670. She said vehicles are driving at excessive speeds, up to 65-70 mph, on a road with a 35 mph and 45 mph speed limit. She has almost been hit twice while getting her mail due to the speeding vehicles. She has contacted VDOT and the Sheriff's Department, but it seems to be an unresolved issue. She also spoke about mud and washout issues from the Creekside development. She said that there have been significant mud and washout issues from the Creekside project, which have flowed down into the nearby creek and onto the road. She also spoke about her water supply concerns and about the county's ability to provide water for the nearly 3,000 new homes that have been approved for    Board of Supervisors September 24, 2024 Sheet 4  development. She referenced a previous board meeting in 2021 where water was identified as a priority, but she feels nothing has been done to address the issue. Birchell suggested the county consider a moratorium on new development until the water supply issues are resolved.  Mr. Richard Lamb said that he is in favor of the rezoning request from Jodi Shifflett. Lamb believes the parcel should have been rezoned to business a long time ago, as it is surrounded by commercial and' business uses. He also suggested that the county should look at utilizing existing resources, such as Greene Mountain Lake, as an alternative water supply source. He estimates Greene Mountain Lake has around 90 acres and could provide several hundred million gallons of water. He believes tapping into Green Mountain Lake could be a much cheaper alternative (less than $10 million) compared to the estimated $70-150 million for the proposed reservoir project. Hel believes the amount of water flowing through Greene Mountain Lake (around 4 million gallons per day) could be a viable water source, with only taking around 1 million gallons per day. Ms. Ellen Collier said that she agrees with the previous speaker's concerns about the water supply issues in the county. Collier is not sure if using Green Mountain Lake is the right solution, but she believes the supervisors need to find a way to address the water supply challenges. Collier expressed concerns about the rapid development happening in the county, particularly along Route 29 towards Charlottesville. She is worried about the impact of these new developments, noting that it does not seem like all the issues were fully considered or studied. Collier believes the supervisors need to consider the county's infrastructure and really think hard about approving any more subdivisions until the water supply and other infrastructure issues are resolved.  Mr. Dave Waugh, as the current president of The Glen at Deer Lake Estates HOA, states that the current water situation is inadequate for the development that already exists, let alone the new development underway. He expressed concern that the water supply is not sustainable or reliable, which could lead to businesses leaving the county if the issue is not addressed. Waugh indicated that a solution needs to be arrived at very soon to address the water supply issues. He is open to the idea of a reservoir or other solution but emphasizes that a solution is needed. Waugh isu unsure ifar moratorium on current development would be a good idea, as it could lead to lawsuits. However, he believes future development should be considered carefully in light of the water RE: Public Hearing to consider a request from Mae G. Shiflett/Jody Vaughn Shiflett to rezone Ms. Golon was present to present the request for a rezone from Mr. Jody Shiflett for his property located at 14865 Spotswood Trail and is currently zoned A-1 Agriculture. The property is surrounded by B-3 Business Highway and High Intensity zoning, including Walmart and Lowe's. The property owneri is requesting to rezone the 2.41-acre parcel from A-1 to B-3. Business Highway and High Intensity, with proffers. The applicant has proffered out certain uses that the Board had previously identified as potentially too impactful for the property. This was done in response to the Board's feedback and guidance during the earlier rezoning request. Thej property is located in the county's first-tier growth area, as designated in the comprehensive plan, which  supply challenges.  from A-1 to] B-3 with proffers. The parcel is located at 14865 Spotswood Trail    Board of Supervisors September 24, 2024 Sheet 5  supports the proposed B-3 zoning. The Planning Commission recommended approval of the rezoning request with the proffers submitted by the applicant. The proffers run with the land and are binding on subsequent owners, even if the property is sold. The county is responsible for  tracking and enforcing the proffers.  Mr. Shiflett was present and thanked the Board for their consideration of his request.  The public hearing was opened.  There were two speakers who were both in favor of the Board approving this rezone request and another who was hopeful that a tall building would not be built on the property to block the  view of the mountains.  The public hearing was closed.  Upon motion by Steve Catalano, second by Davis Lamb and unanimous roll call vote, the Board approved the request for rezone with proffers as presented. (See Attachment "A")  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  RE: MONTHLY WATER AND SEWER UPDATE  Mr. Hutka was present to give the Board an update on water and sewer. Hutka reported that the recent rainfall has helped improve the river levels, but the county is still in a moderate drought. He noted that the water treatment plant has exceeded its withdrawal limit on several days due to the drought conditions. Hutka explained that the county received a letter from the Virginia Department of Health (VDH) on September 11th, notifying the county that it had exceeded its production limits for three consecutive months. The county is required to provide a written plan in response to the VDH letter within 30 days. Hutka stated that the Water and Sewer Committee unanimously voted toi recommend that the county continue toi move: forward with the existing water supply plan, which includes the construction ofa a reservoir and a new water treatment plant. Hutka clarified that the capital improvement plan includes both funded and unfunded projects, with the unfunded projects intended to be funded through grants or development contributions. He acknowledged the need to provide more detailed information on the funding sources for the various projects in the capital improvement plan. Hutka emphasized that when the county took over the water and sewer system a year ago, it was not a "steady, stable plateau operation," and there were many issues with broken meters, inaccurate records, and the need to catch up on various    Board of Supervisors September 24, 2024 Sheet 6  maintenance and operational tasks. He went through the projects listed on the Capital  Improvements Plan and discussed them and their possible funding.  RE: CONSENT AGENDA  Upon motion by Steve Catalano, second by Davis Lamb, and unanimous roll call vote, the  Board approved the consent agenda as presented.  a. b.  Minutes of previous meetings appropriation (See Attachment "B")  Resolution to accept and appropriate $220,000 for a supplemental CSA  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.  RE: RESPONSETO VDH LETTER  Mr. Tom Hutka explained that the county received al letter from VDH on September 1lth, notifying the county that it had exceeded its water production limits for three consecutive months. The letter requires the county to provide a written plan in response within 30 days of receiving the letter. Hutka stated that the Water and Sewer Committee unanimously voted to recommend that the county continue to move forward with the existing water supply plan, which includes the construction of a reservoir and a new water treatment plant. Hutka noted that this plan has been in the county's long-term plan for 15-20 years and has been supported by the state agencies. Hutka emphasized that the reservoir and new water treatment plant are not just for future growth but are also necessary to maintain safe pressure levels and public health for the county's current water users. He stressed that the existing plan is critical to address the current water supply issues and avoid potential penalties from the state agencies. Hutka stated that there has been regular communication with the Department of Environmental Quality (DEQ) and the Department of Health regarding the county's water supply plan, and they have been fully supportive of the plan. Upon motion by Davis Lamb, second by Steve Catalano, and unanimous roll call vote, the Board agreed to incorporate the recommendation from the Water and Sewer Committee to move forward with the existing water supply plan which includes the construction of a reservoir and a  new water treatment plant and send the response letter to VDH.  Recorded vote:  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.    Board of Supervisors September 24, 2024 Sheet7  RE: CORRECTIONTO MOTION FOR CONSENT AGENDA  Due to an error on the paper copies of the agenda that were shared for this evening's meeting, the Board had to correct their vote on the Consent Agenda to say that the amount  appropriated for CSA is $220,000 and not $180,000. RE: BOARD LIAISON REPORTS There were no Board liaison reports. RE: COUNTY ADMINISTRATORS UPDATE  Ms. Schafrik announced that a mobile mammography van will be available in the county on October 24th. The van will provide the same high-tech services as a traditional mammography facility, and it will accept insurance, as well as provide financial assistance for those without insurance. The goal is to make mammography services more accessible for county residents. Schafrik thanked everyone who volunteered and made the recent Clay Festival a success. She also mentioned the Fun Fair event hosted by the Greene Care Clinic the previous Sunday, which was well-attended. Schafrik reported that the new scales at the transfer station are now in and operational, with some final cleanup work being completed. Schafrik encouraged residents to take advantage of the early voting period, which has already begun, noting that there was al line at the  elections office on Friday.  RE: OTHER MATTERS FROMTHE BOARD  Mr. McGuigan said that one oft the constituents raised the concern that Greene County does not currently offer a GED program. McGuigan stated that he would like to see if the county can direct a cost analysis or program analysis to determine the feasibility of offering a GED program. McGuigan noted that having a GED program is vitally important for somebody's future ift they do not have a high school diploma. It was mentioned that a GED program previously existed at the Greene County Technical Center. Mr. Catalano suggested that Ms. Schafrik could approach this issue and come back with a report or funding mechanism proposal for the next board meeting. Schafrik noted that only the School Board can direct the Superintendent to take action on this, but  she can at least provide some initial information.  RE: ADJOURN Board meeting was adjourned. Recorded vote:  Upon motion by Steve Catalano, second by Tim Goolsby and unanimous roll call vote, the  Marie Durrer Davis Lamb Tim Goolsby Francis McGuigan Steve Catalano  Yes Yes Yes Yes Yes  Motion carried.    Board of Supervisors September 24, 2024 Sheet 8  Yaise Cures ( Marie Durrer, Chair Greene County Board of Supervisors  d4  Clerk  Greene County Board of/Supervisors  RE    Board of Supervisors September 24, 2024 0-2024-010 Attachment "A"  AN ORDINANCE (0-2024-010) TO REZONE FROM A-1 AGRICULTURAL) TO B-3 (BUSINESS HIGHWAY AND HIGH INTENSITY) WITH PROFFERS. MAE G. SHIFLETT/JODY VAUGHN SHIFLETT IS LOCATED AT 14865 SPOTSWOOD TRAIL, IDENTIFIED AS TMP# 60C-(A)-6, AND IS APPROXIMATELY 2.41 ACRES. THE GREENE COUNTY FUTURE LAND USE MAP DESIGNATES THIS PARCEL AS "MIXED USE VILLAGE CENTER' " (RZ#24-002) WHEREAS, $15.2-1427 and $15.2-1433 of the Code of Virginia, 1950, as may be amended from time to time, enable a local governing body to adopt, amend and codify ordinances or WHEREAS, $15.2-2280, $15.2-2285, and $15.2-2286 of the Code of Virginia, 1950, as amended, enables a local governing body to adopt and amend zoning ordinances; and WHEREAS the Greene County Planning Commission advertised and held a public hearing on the proposed rezoning on August 21, 2024, and all of those who spoke on this topic WHEREAS, the Greene County Planning Commission voted 5-0 to recommend approval WHEREAS, public necessity, convenience, general welfare, and good zoning practice  portions thereof; and  were heard; and  of the request to rezone the subject property; and support approval of this rezoning 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 September 5, 2024, and September WHEREAS, the full text of this request was available for public inspection in the Greene County Administrator's Office, County Administration Building, 40 Celt Road, Stanardsville, Virginia WHEREAS, on September 24, 2024, the Greene County Board of Supervisors held a public  12,2043, and  22973; and  hearing on this matter, and all those who spoke on this topic were heard.  NOW, THEREFORE, BE IT ORDAINED that the Greene County Board of Supervisors hereby approves Ordinance 0-2024-003 to rezone from A-1, (Agricultural) to B-3 (Business Highway and High Intensity) with proffers. Mae G. Shiflett/Jody Vaughn Shiflett is located at 14865 Spotswood Trail, identified as TMP# 60C-(A)-6, and is approximately 2.41 acres. The Greene County Future Land Use Map designates this parcel as "Mixed Use Village Center". (RZ#24-002)    ADOPTED BYT THE GREENE COUNTY BOARD OF SUPERVISORS ON SEPTEMBER: 24, 2024.  Motion: Steve Catalano Second: Davis Lamb  Votes: Goolsby: Durrer Lamb:  Yes Yes_ Yes_  McGuigan: Yes Catalano  Yes_  yuie us ATTEST: Marie Durrer, Chair Greene County Board of Supervisors  Greene County Board ofSupervisors  AR    Board of Supervisors September 24, 2024 Attachment "B"  RESOLUTION TO ACCEPT AND APPROPRIATE TWO HUNDRED AND TWENTY THOUSAND DOLLARS FOR SUPPLEMENTAL APPROPRIATIONTO  THE CSA PROGRAM  WHEREAS, the Department of Social Services for the County of Greene is requesting funding from the Office ofChildren's Services which shall be used toj provide services to youth  in the CSAI Program; and  WHEREAS, the funds in the amount of two hundred and twenty thousand dollars ($220,000.00) need to be appropriated to the appropriate line item in the 2023-2024 budget of  the County of Greene, Virginia.  NOW,THEREFORE, ITI IS HEREBY RESOLVED by the Board of Supervisors soft the County of Greene, Virginia that two hundred and twenty thousand dollars ($220,000.00) be  appropriated to the 2023-2024 budget of the County of Greene.  BEITFURTHER RESOLVED that the County Administrator of the County of Greene, Virginia is authorized to make the appropriate accounting adjustments in the budget to do all  things necessary to give this resolution effect.  Adopted this 24th day of September, 2024.  Motion: Steve Catalano Second: Davis Lamb Recorded Vote: Steve Catalano Marie C. Durrer Yes_ Tim Goolsby Francis McGuigan Yes Davis Lamb  Yes Yes_ Yes  ydue Cohuer Marie C. Durrer, Chair Greene County Board of Supervisors  ATTEST  Greene County Board of Supervisors  &A4