Agenda Powhatan County Board of Supervisors Regular Meeting January 19Th, 2021 6:30 Pm Call to Order

AGENDA POWHATAN COUNTY BOARD OF SUPERVISORS REGULAR MEETING JANUARY 19TH, 2021 6:30 PM CALL TO ORDER

This meeting is being held in the Village Building Auditorium and is open to the public to attend in person, but several remote options remain available to participate or watch the meeting.

If you would like to participate in the meeting, go to https://us02web.zoom.us/j/83998792911 by computer or smartphone with the Zoom app.

or by phone, dial 1-301-715-8592 or 1-312-626-6799 or 1-929-205-6099 or 1-253-215-8782 or 1-346-248-7799 or 1-669-900-6833

Type Webinar ID: 839 9879 2911

Or iPhone one-tap : US: +13017158592, 83998792911# or +13126266799, 83998792911#

**During the public comment period, you may raise your hand using the zoom controls on your screen or press *9 on your phone. Visit the Zoom Help Center for more information.

If you would like to watch in real-time, use this link: http://powhatanva.gov/432/Live- Stream-of-Powhatan-County-Meetings

If you would like to watch the meeting at your convenience later use this link: http://powhatanva.gov/433/County-Meetings-and-Workshop-Videos-On-D

Public comments may also be submitted to [email protected] or by leaving a voicemail at (804) 598-5612. Any comments received up until 5:00 PM of the day of the meeting shall be entered into the meeting minutes.

1 POWHATAN COUNTY BOARD OF SUPERVISORS REGULAR MEETING JANUARY 19, 2021

1. Call to Order

2. Pledge of Allegiance

3. Invocation

4. Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation

5. Formal Approval of Agenda

6. Election of Chairman

7. Election of Vice-Chairman

8. Board of Supervisors 2021 Meeting Schedule Pages 5-6

9. County Administrator Updates- Certificates of Appreciation, Special Resolutions, Proclamations and Presentations

A. COVID Update

B. CARES Act Funding Update

10. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

11. Consent Agenda

A. Minutes September 10, 2020 Special Joint Meeting Pages 7-19

B. Minutes September 28, 2020 Regular Meeting Pages 21-32

C. Minutes October 19, 2020 Regular Meeting Pages 33-38

D. Minutes October 26, 2020 Regular Meeting Pages 39-51

E. Minutes November 23, 2020 Regular Meeting Pages 53-62

POWHATAN COUNTY BOARD OF SUPERVISORS REGULAR MEETING JANUARY 19, 2021

F. Tax Relief Request – Disabled Veteran Page 65

G. Resolution R-2021-01 Renewing Local Emergency Pages 67-68

H. Resolution R-2021-02 Appropriating the Third Quarter of the Fiscal Pages 69-72 Year 2021 Operating Budget

I. R-2021-03 State Road Acceptance by VDOT for Norwood Creek Road Pages 73-76

J. R-2021-04 Requesting State Road Acceptance by VDOT for the Streets Pages 77-81 within the Norwood Creek Subdivision (Section F)

K. Bonded Projects Update Page 83

12. Appointments to Boards, Commissions, Committees, etc.

Board of Supervisor member and Staff appointments

A. Capital Region Workforce Partnership (one BoS member) Page 85

B. Central Virginia Transportation Authority Technical Advisory Page 87 Committee (two staff members)

C. PlanRVA (one BoS member alternate) Page 89

D. Powhatan Community Action Agency Advisory Board (one BoS Page 91 member and one staff member)

E. Richmond Regional Transportation Planning Organization Technical Page 93 Advisory Committee (two staff members)

Citizen appointments

F. Agricultural and Forestal Districts Advisory Committee (four citizen Pages 95-99 members)

G. Audit Committee (one citizen member) Page 101

POWHATAN COUNTY BOARD OF SUPERVISORS REGULAR MEETING JANUARY 19, 2021

H. Board of Equalization (three citizen members) Pages 103-104

I. Community Transportation Advisory Committee (two citizen Page 105

members)

Upcoming Appointments: Agricultural and Forestal Districts Advisory Committee (two citizen positions expire February 28th, 2021)

New Business 13.

A. Quarterly Financial Report Pages 107-113

14. Public Hearing

A. Resolution R-2021-05 Skaggs Road Building Lease Pages 115-131

15. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

16. County Attorney Comments

17. County Administrator Comments

18. Board Comments

19. Adjournment

4 Draft as of 12/29/20 2021 Powhatan County Board of Supervisors Meeting Schedule As of [DRAFT] JANUARY FEBRUARY MARCH Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 1 2 3 4 5 6 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 910111213 7 8 910111213 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 Board of Supervisors Meeting 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 Planning Commission Meeting 24 25 26 27 28 29 30 28 28 29 30 31 Budget Workshops 31 Holiday Joint BOS SB Meetings APRIL MAY JUNE Special Meeting Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Workshop (if needed) 1 2 3 1 1 2 3 4 5 Cancel/Reschedule 45678910 2345678 6789101112 BOS Meeting Location: 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 The Village Building 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 3910 Old Buckingham Road 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 Powhatan, VA 23139 30 31

Holidays & Observances JULY AUGUST SEPTEMBER January 1 New Year's Day Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat January 18 Martin Luther King Day 1 2 3 1 2 3 4 5 6 7 1 2 3 4 February 15 George Washington Day 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 May 31 Memorial Day 11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 June 18 Juneteenth (Observed) 18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 July 5 Independence Day (Observed) 25 26 27 28 29 30 31 29 30 31 26 27 28 29 30 September 6 Labor Day October 11 Columbus Day November 2 Election Day OCTOBER NOVEMBER DECEMBER November 11 Veteran's Day Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat November 24 1/2 Day Holiday 1 2 1 2 3 4 5 6 1 2 3 4 November 25 Thanksgiving Day 3 4 5 6 7 8 9 7 8 910111213 5 6 7 8 91011 November 26 Day after Thanksgiving 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 December 23 Christmas Eve Holiday 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 December 24 Christmas Day (Observed) 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 December 31 New Year's (Observed) 31 5 Draft as of 12/29/20

Notes BOS Regular Meetings- 4th Monday BOS Workshop Meetings- 3rd Tuesday Four (4) Joint Meetings with SB- Mar, Jun, Sept, Dec SB Regular Meetings- 2nd Tuesday PC Regular Meetings- 1st Tuesday

Jan. 19: Organizational Meeting

FY22 Budget & CIP Dec. 10 ('20); BOS/SB Joint Workshop; CIP Discussion Jan. 25: BOS Workshop; Proposed CIP Presented Feb. 2: PC Regular Meeting; CIP Introducted Feb. 11-12: BOS Budget Workshop; Department Presentations Mar. 1: County Admin.'s Recommended Budget Released Mar. 16: BOS/SB Joint Workshop; Schools Budget Presentation Mar. 22: BOS Regular Meeting; Determine Advertised Rate and Budget Apr. 7 & Apr. 14: Budget Public Hearing Advertised Apr. 19: Budget Public Hearing Apr. 26: BOS Regular Meeting; Budget Adoption

VIRGINIA: AT A JOINT MEETING OF THE BOARD OF SUPERVISORS AND THE POWHATAN COUNTY SCHOOL BOARD HELD IN THE POCAHONTAS LANDMARK CENTER, 4290 ANDERSON HIGHWAY IN POWHATAN COUNTY, VIRGINIA, AND REMOTELY BY ELECTRONIC MEANS ON SEPTEMBER 10, 2020, AT 6:30 P.M.

Board of Supervisors Present: David T. Williams, District 1, Chairman, present in the Pocahontas Landmark Center Michael W. Byerly, District 3, present in the Pocahontas Landmark Center Bill L. Cox, present in the Pocahontas Landmark Center, District 4 Karin M. Carmack, District 5, Vice Chairman, present in the Pocahontas Landmark Center

Board of Supervisors Absent: Larry J. Nordvig, District 2

County Staff Present: Ned Smither, County Administrator Bret Schardein, Assistant County Administrator Tom Lacheney, County Attorney John Wood, Director of Information Technology Karen B. Alexander, Director of Elections and Voter Registration, present in the Pocahontas Landmark Center

Powhatan County Public School Rick Cole, District 1, present in the Pocahontas Landmark Board Present: Center Susan Smith, District 2, present in the Pocahontas Landmark Center Valarie Ayers, District 3, present in the Pocahontas Landmark Center Joe Walters, District 4, Chairman, present in the Pocahontas Landmark Center Kim D. Hymel, District 5, Vice Chairman, present in the Pocahontas Landmark Center

Powhatan County Public School NONE Board Absent:

1 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

Guests Present: Dr. Eric Jones, Powhatan County Public Schools Superintendent, present in the Pocahontas Landmark Center

1. Call to Order

Chairman Williams called the meeting to order at 6:30 p.m.

a. Identify Public Entity members physically and/or electronically present

Mr. Williams identified the Board members, Mr. Smither, Mr. Schardein, and Mr. Lacheney, and their locations.

b. Identify the persons responsible for receiving public comment

County Administration staff will accept emailed comments at [email protected]. Any comments received until 6:30 pm, on the day of the meeting will be entered into the meeting minutes.

c. Identify opportunities for the public to access the electronic meeting

The public was able to participate in the meeting by using: https://zoom.us/j/398095011 by computer. Phone access was possible by dialing: US: 1-929-205-6099 or 1-312-626-6799. As always, the public could view the live feed from the County website. (edit link as needed)

d. Identify opportunities for the public to participate in such an electronic meeting

The public was able to view and participate in the meeting live with the Zoom meeting link. During the public comment period, members of the public could raise their hands using the zoom controls on their screens, or press *9 on their phone.

2. Pledge of Allegiance

Chairman Walters led the Pledge of Allegiance.

3. Invocation

Chairman Walters led the Invocation

2 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

4. Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation

There were no requests.

5. Formal Approval of Agenda

Mrs. Carmack made a motion to approve the agenda as presented. Mr. Byerly seconded the motion.

David T. Williams, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AY E VOTE 4-0 MOTION Passed

6. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

Chairman Williams opened the first public comment period.

Seeing no one come forward, Chairman Williams closed the first public comment period.

7. Presentations

a. Superintendent’s update on the start of the school year

Dr. Jones presented a return to learning update. Dr. Jones shared that this is the first year that the schools have started before Labor Day. The first phase of the return to school will see all students on a hybrid schedule with Wednesdays being a support day. The next phase starts on September 14th, 2020, and that has K-3rd graders returning to school full-time face-to-face. Dr. Jones explained that this group of students were the hardest hit in the spring, and they are the least likely to be exposed to COVID-19. Dr. Jones stated that some of the teachers are expressing concerns over having all the students in the classroom at the same time and the younger students not being able to move around much.

Mrs. Hymel expressed her own concerns over the fact that the elementary children are over capacity in the classrooms for safe social distancing. She also expressed concern for the virtual students’ classrooms to be beyond capacity as well. Mrs. Hymel stated that the solution for these issues is to add more teachers. She noted that the parents as well as the teachers want the students in class full-time. Mrs. Hymel asked Mr. Smither if CARES Act funding would be extended past December 31, 2020 so that they could hire teachers. Mr. Smither responded by saying that the CARES Act currently had not been extended past December 31, 2020. Mrs. Hymel asked if it would be possible to use the Revenue Stabilization fund money from January to June 2021, to pay for teachers. Dr. Jones responded to Mrs. Hymel by validating her concerns over classroom sizes and that is something that we should watch. He stated that right now they are meeting the Health Plan approved by the State of Virginia. 3 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

Chairman Walters stated that the schools have been very successful. He added that if a lot of current virtual students came back to in-person school in December, then we would then have to adjust the teachers as well and that might put the schools in a position where the extra staffing is needed. Dr. Jones replied that the situation is very fluid. He stated that some teachers have health concerns and are unable to come back so even if the schools were to return to in-person teaching, there would be some flexibility there. Mr. Williams stated that sounded to him as though the situation is fluid and being monitored.

Dr. Jones stated that the impact can be sooner than December as the second semester is coming up. He said that he anticipated that the Fourth and Fifth grade students will return to full-time in-person learning at that time. Dr. Jones noted that there are several folks who are looking to enroll their children in Powhatan County Public Schools just because we offer a face-to-face learning option.

Mr. Williams asked Dr. Jones to keep the County Administrator updated on the issue so that the Board of Supervisors could plan to support the School Board as needed.

Mrs. Hymel expressed concern over the classroom sizes, as all the desks are six feet apart. She stated that children may not be able to see the whiteboard if the student is in the back of the classroom. Mrs. Hymel offered to take the Board members to tour the classrooms so they could see what the impact looks like. Dr. Jones continued his update on the elementary and secondary schedules, lunch changes and flexibility with students of working parents that can’t be logged in virtually during the specific times. Dr. Jones then moved to the high school and the challenges they are facing due to the variety of classes and requirements. He explained that some teachers are teaching a hybrid block and some virtual. He stated that the virtual programs being used are APEX and Virtual Virginia, that is being provided free from the State. The virtual students have an assigned virtual coach that they can touch base with if they have problems or need help. Dr. Jones explained some of the supports that the schools are implementing; internet hubs in some of the school buildings, the High School and Middle School buildings will open from 5:00 PM to 8:00 PM for internet usage and providing Hotspots. Dr. Jones added that 27% of families do not have reliable internet services. He also noted that a central staff member has been assigned to each grade level for additional support. Dr. Jones stated that he is very impressed and proud of the teachers, staff, and students.

Chairman Williams thanked Dr. Jones, staff members, teachers, and the School Board for all that they have done to help get the schools up and going.

8. Joint Old Business

a. Powhatan Landmark Center update and discussion of future use

Dr. Jones stated that he was asked by both Boards to come back with some demolition cost for the unused portion of the Powhatan Landmark Center. Dr. Jones explained that the B hall, 4 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

10 upper and lower D hall, are areas that have not been renovated and are the areas they are looking to demolish. Dr. Jones stated that he engaged with the local architect that helped with the Jr. High School, and the cost was just over $300,000.

Mr. Byerly explained to Dr. Jones that in the March meeting, the Board talked about ideas of the EDA and possible uses for the facility. Mr. Byerly asked when the County would be meeting with the EDA and would like to see if they had any ideas on the topic. Mr. Schardein replied that they are meeting with the EDA on Monday September 14th, 2020. Mr. Schardein stated that he would talk to Mrs. Salerno, the Economic Development Program Manager, to discuss a tour of the facility and to see if they have any ideas on reuse of the buildings. Mr. Schardein will bring back this information to the both Board at the next joint meeting.

9. Joint New Business

a. Relocation of select polling places

Mrs. Alexander stated that the November 3rd, 2020 presidential election is coming up and she has three precincts that need relocating. She explained that the Catholic Diocese is denying access to all their facilities due to the COVID 19 outbreak. Mrs. Alexander stated that during the June primary, they erected event tents and it was not cost effective. She added that Powhatan County had the highest voter turn out in the Commonwealth of Virginia, during the last presidential election, at 85%. Mrs. Alexander stated that she is expecting nothing less. She noted that there are 23,000 voters here in Powhatan, and 7,000 will be affected by the relocations. The temporary relocations are as follows; from St. John Newman Catholic Church to Powhatan County High School, Blessed Sacrament Academy to Red Lane Baptist Church, and Company One Fire Department to Powhatan Middle School. Mrs. Alexander noted that students would be out of school on this day, so schools would not be affected by this change. She stated that she would like some feedback from the Boards about the changes and let them know that there will be plenty of signage and public notification. Mrs. Alexander stated that the Governor has made it so that this year, you don’t have to have a reason to vote early or do absentee voting. She explained that they are expecting 40-60% turn out prior to election day. In order to accommodate those voters, voters can vote through mail by request only and a drive-thru voting tent behind the Village Building. Voters will not have to leave their car if they choose the drive thru. These options are for the voters who have COVID concerns and do not want to be in a room full of people. Mrs. Alexander asked if there could be a vote by the Board so that she can get these new places advertised as quickly as possible.

Mrs. Carmack made a motion to approve the temporary relocation of three polling places. Mr. Cox seconded the motion.

David T. Williams, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AY E VOTE 4-0 MOTION Passed

b. Discussion of potential joint services 5 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

i. Solicitation of custodial services

Dr. Jones stated that the School System is getting ready to put out an RFP for custodial services. He stated that the County is interested in joining with the Schools. Dr. Jones explained that the bid would be split to allow for more flexibility. He would like for local businesses to bid. Dr. Jones noted that they would be getting started next week and end in the fall.

ii. Employee healthcare plan

Mr. Smither stated that the County is wrestling with healthcare costs. He said that we rely on industry professionals to help us along the way. Mr. Smither stated that the County works closely with Bankers Insurance. He explained that the County has received good customer service but feels as though it is healthy to step back and see what health care consulting options are available and to make sure that we are current. Mr. Smither asked for consent to solicit insurance professionals on a public procurement. Mr. Cox asked for an explanation. Mr. Smither explained that we have a consultant to help navigate health care costs. Dr. Jones added that the company also provides customer service for employees with questions about their health insurance. He stated that the consultant shops and helps negotiate health premiums. Mr. Cox asked Mr. Smither what it is that we are trying to accomplish. Mr. Smither replied that he thinks that it is healthy to make sure that we are doing things as optimally as we can, and not to get too stagnate.

Mr. Cox noted that in the last three years, healthcare cost has gone up 24% and it’s unsustainable. He asked if we are trying to create a program or looking to keep with the programs. Dr. Jones responded that it’s a different workforce that they want to look at. He said that the goal is to get a consultant in place to shepherd us through the processes. He stated that we need to look at whatever we can do to slow the cost of healthcare.

Mrs. Smith asked when the last time that this was done. Dr. Jones replied that in the seven years since he’s been employed, it hasn’t changed. Mrs. Smith stated that it was about 15 from where she was concerned.

Mr. Byerly asked if we have a signed contract and if it’s the Schools and County together or separate. Dr. Jones stated that there is an agreement in place but not a contract. Mr. Byerly asked Dr. Jones if he knows how long the agreement is for. Dr. Jones responded by saying that it’s signed every year and that the County has one and the School has one. Mrs. Smith asked if they end at the same time. Dr. Jones replied that he would investigate it.

Mr. Byerly asked if we have any indication from the current representative of what the increase is going to be. Dr. Jones replied that they don’t usually get that information in until the third quarter. He noted that that could change a bit based on fourth quarter numbers. Mr. Byerly then asked if there is some type of analysis that is received from the consultant. Dr. Jones responded by saying that they do. The County and Schools Finance Department staff get 6 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

12 together with the consultant, quarterly, to go over the analysis. Mr. Byerly asked if there were indications from the latest analysis that the claims are tracking high. Mr. Smither replied by saying that on May 31st, the data indicated that claims were exceeding premiums again and that puts pressure on our rates. Mr. Byerly added that he would like to see the County and the Schools on one package.

iii. Enterprise resource planning (ERP) system

Mr. Smither stated that the County went into bid ideas on a new ERP system. He explained that the ERP is the financial system; that the County and the Schools are on two different financial systems, and the Schools system is much more advanced than the County’s. Mr. Smither stated that they are looking for bids on a united system for both the County and the Schools. He noted that they found some decent alternatives, however, none were an upgrade for the school system. Mr. Smither stated that he thinks that it will be the right move to have a joint system both financially and reporting wise. Mr. Williams asked what the time frame will be. Mr. Smither responded by saying that after the vendor is chosen, the initial state date will either be January 1st, 2021 or July 1st, 2021. The outcome will depend on payroll and accounting. He added that if they started now, it would be July 2022 before the County would be relying on the system. Mr. Williams asked Mr. Smither if the school was part of the review. Mr. Smither replied that they were and their input was very valuable.

Mr. Byerly asked if all the money that is needed for the ERP system is already available in the Capital Improvements fund and we are just looking for a program to invest in. Mr. Williams added that the money is in the account but we are also paying interest. Mr. Williams stated that he would like a commitment to get started so that the County isn’t paying interest on the money that was already borrowed for the ERP system. Mr. Cox noted that the County would be looking at an increase coming next year if they instituted the ERP as a maintenance contract piece. Mr. Smither responded by saying that it varied depending on what vendor was chosen.

c. Employee social media policy

Dr. Jones explained that the Schools have a policy that governs social media usage by employees, but the Schools do not have any guidelines or policy for social media usage of employees outside of work or school hours. Dr. Jones stated that the School Board has met with their attorney to discuss these matters and it was decided that instead of creating a new policy, they decided to enhance the current policy by adding guidelines. He added that there is a First Amendment issue regarding people’s speech but there also must be a professional conduct standard that can put into place. Dr. Jones noted that he would bring the draft to the board for review. He added that he would be happy to share this with the County if they would like to have a similar policy or guidelines. Mrs. Smith asked what the difference between a policy and guidelines. Dr. Jones responded by saying that policy are the rules that are to be followed. Those policies have regulations and that is what guidelines are, a formal regulation and more of an administration function. Mrs. Smith then asked Dr. Jones if the School Board needed to go as extreme as banks’ social media policies? Dr. Jones stated the importance of training staff member on social media and professional conduct. 7 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

Mr. Cox added that there is a fine line with telling employees what they can and cannot do and finds it chilling. Dr. Jones stated that Mr. Cox was bringing up a good point. He asked how do you balance and make sure that people represent the school system well and not infringe upon their rights as an individual. Mr. Cole stated that he agrees with Mr. Cox. He stated that he would like to know who’s going to decide what’s appropriate and who’s going to check up on it. Mr. Cole noted that he was glad that there is an attorney helping with this and that they will be proceeding with caution.

Mrs. Ayers stated that the reason for these new guidelines is that there were teachers using profanity on social media that the parents of their students could see. She expressed her concerns since these are professionals that are responsible for small children. Mrs. Smith added that the incidents that occurred over social media was cyber bulling between teachers and parents. She stated that it is very upsetting and if banks can have strict social media policies than Schools should have a social media policy to adhere to.

Mr. Williams stated that Mrs. Smither is looking into social media policies as well for the County. He noted that he is confident in Dr. Jones’ and Mr. Smither’s ability to find the balance of guidelines that don’t infringe on anyone’s rights.

d. Expanded budgetary process and review, including ten-year financial projections of operating and capital improvement budgets.

Mr. Smither explained that the Board has expressed interest in looking into the County’s financial position over a longer period of ten years and to then project the operating results. Mr. Smither noted that they will be looking into the operating budget, assessment levels, staffing costs, tax rates, and debt ratios. Mr. Smither stated that he would like this finished by Christmas.

Mr. Williams explained that in the past, some critical projects pushed past the 5-year CIP plan and there was no money for it after that. Mr. Williams stated that he would like to see the County come together and have a good dialog to get this done and not just each department submitting their individual CIP plan for their departments. Mr. Williams added that Goochland County is doing something similar. He is very excited to have all the departments working together.

Mr. Smither stated that the Board can ask the “What if” questions in March of 2021.

Mr. Cox stated that he’s excited to move away from the 1-year CIP plan but it will take a little bit of time to pull together. Mr. Smither agreed with Mr. Cox.

e. R-2020-50 – B&A Sheriff Vehicles and Fiber Project

8 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

i. Sheriff vehicles- $133,000 for three vehicles as part of scheduled vehicle replacement plan

Mr. Smither stated that the Sheriff’s Office has requested 5 vehicles at the cost of $133,000. He explained that three of those would be purchased now and the other two vehicles in December.

ii. Fiber project

Mr. Smither explained that the County will need $30,000 to run Fiber from Skaggs Rd to Fire Station One and Fighting Creek Park, the Mitchell Rd tower, and to the Convenience Center. Mr. Smither stated that we would recoup that money back within three years.

Mr. Cox made a motion to accept R-2020-50 amending the Powhatan County Operating budget. Mr. Williams seconded the motion.

Mr. Williams called for a roll call vote. Mr. Smither conducted a roll call vote:

Mr. Williams Aye Mr. Byerly Aye Mr. Cox Aye Mrs. Carmack Aye VOTE 4-0 MOTION Passed

10. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

Chairman Williams opened the second public comment period.

Mr. Andrew Snead, 2914 Edith Lane, stated that at the end of the first school week, the teachers were informed that a far-fetched claim was made on a radio show. He stated that he found it disappointing and that the claim that teachers were anti-Americans are false and unverified. He added that educators face more scrutiny than any other public servant. Mr. Snead stated that every member of the school community is dedicated to serving the best interest of the children. The expectation is to be respectful, responsible, and safe, and that these are reasonable expectations. Mr. Snead quoted James Baldwin by saying that ‘children have never been very good at listening to their elders, but they have never failed to imitate them’. Mr. Snead asked that we utilize social media in such a way that brings us together rather then tear us apart.

9 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

Mrs. Jessica Myers, 3378 Upper Tilman Way. Mrs. Myers stated that she lives in a densely populated area and that her neighbors and herself, are being limited in their megabytes from their DSL provider for their internet. She added that they have very little phone service but have still tried 2 hotspots. She stated that even with all this her children are often disconnected from school. Her neighbors are also unable to telework properly due to the disconnect and lack of coverage. Mrs. Myers asked that some of the money from the CARES Act fund better internet in the more densely populated areas.

Chairman Williams closed the second comment period.

11. County Administrator and Superintendent Comments

None

12. Boards’ Comments

Mrs. Smith stated that no matter what type of student you are, strong, reliable internet connection is imperative. She stated that the Schools and County are spending a lot of money trying to face the connectivity challenge with hotspots on buses and opening the buildings. Mrs. Smith asked if this is the best effort and use of the money. She then asked if the county leaders can provide help along those lines. She added that this connectivity dilemma belongs to everyone and asked for any help the Board could give.

Mrs. Hymel stated that she would like some help with the dead spots in all the districts.

Mr. Cole stated that he was thankful for the Boards coming together to work on this and would like to express his gratitude for the Boards effort to fund the schools thus far.

Mr. Walters stated that he would like to commend the two Boards for working together, building a relationship, and setting a cooperative and collaborative example. He added that he thinks that this is a great example of what elected board officials need to do for the County and its citizens. Mr. Walters thanked the Board of Supervisors and Chairman Williams.

Mr. Williams stated that even though this hasn’t been the best of times, the County can still move and look forward and provide a good education for the children. He stated that the Board was encouraged and looking forward to tonight in seeing friends and tackling problems. He asked that the School Board members stay safe and keep in touch.

Dr. Jones made an announcement that he would like to invite everyone out to the Middle School on September 11th at 8:00 PM for a 9-11 Freedom Flag ceremony. He also announced that Libby Daniel will be holding a 9-11 event observing and honoring First Responders at Three Crosses Distillery from 4:00 PM to 8:00 PM.

Mr. Walters asked for any help from the Board for any support that they could give for help with high-speed internet. 10 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

13. Adjournment of the School Board

Mrs. Hymel made a motion to adjourn Mrs. Smith seconded the motion.

Chairman Walters, Mr. Cole, Mrs. Ayers, Mrs. Hymel, Mrs. Smith voted AYE

VOTE 5-0 MOTION Passed

15. Closed Meeting as authorized by the Code of Virginia, Section 2.2- 3711(A)

WHEREAS, the Board of Supervisors of Powhatan County desires to discuss in Closed Meeting the following matter(s):

- Consultation retained by the public body regarding specific legal matters requiring provision of legal advice by such counsel with the respect to the use of CARES Act funding.

WHEREAS, pursuant to: §2.2-3711(A)(1) of the Code of Virginia, such discussions may occur in Closed Meeting;

NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of

Powhatan County does hereby authorize discussion of the matters in Closed Meeting.

Mr. Williams made the motion to approve the entering into a Closed Meeting. Mrs. Carmack seconded.

David T. Williams, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AY E VOTE 4-0 MOTION Passed

Chairman Williams reconvened this Regular Meeting of the Powhatan County Board of Supervisors in open meeting and requested the Clerk of the Board to conduct a roll call certification vote of the Supervisors, to be included in the minutes of this meeting.

Mr. Smither, Clerk of the Board, asked to the best of each Supervisor’s knowledge, do they certify that:

1. the only matters discussed in the closed meeting were public business matters lawfully exempted from open meeting requirements; and

11 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

2. only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the closed meeting just conducted?

Mr. Smither conducted the roll call vote so the Supervisors could so certify:

Mr. Williams Aye Mr. Byerly Aye Mr. Cox Aye Mrs. Carmack Aye

Mr. Williams made a motion that the Board of Supervisors authorize the County Administrator to execute an agreement for Broadband installation as allowed by the CARES Act, upon the agreement of the County Attorney. Mr. Byerly seconded the motion.

Mr. Williams Aye Mr. Byerly Aye Mr. Cox Nay Mrs. Carmack Aye

VOTE 3-1 MOTION Passed

16. County Attorney Comments

None

17. County Administrative Comments

None

18. Board Comments

Mr. Byerly stated that he would like to thank the School Board, Dr. Jones, and his staff for the tremendous job they have done opening Powhatan County Public schools. He said that we should be proud. Mr. Byerly then thanked the Board for recognizing the need for Broadband in the County.

Mr. Cox stated that he would like to thank Mr. Smither for all his hard work and for all the time and effort it took to pull this together.

Mrs. Carmack thanked the Board for making great strides in helping to improve internet access for its citizens. 12 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

Mr. Williams stated that he was pleased with the meeting tonight and that we would continue to make this County special. He stated that we have made great strides in coming together in the worst of circumstances. Mr. Williams stated that Broadband is and always has been important to the Board. Mr. Williams thanked Mr. Smither for his hard work.

19. Adjournment

Chairman Williams adjourned the meeting at 8.24 PM.

These minutes were approved on January 19, 2021, with a motion, second, and 5/0 vote.

David T. Williams, Chairman Powhatan County Board of Supervisors

ATTEST:

Recorded Vote: David T. Williams Ned Smither, Clerk Powhatan County Board of Supervisors Larry J. Nordvig Michael W. Byerly Bill L. Cox Karin M. Carmack

MLW

13 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS & POWHATAN COUNTY PUBLIC SCHOOL BOARD JOINT MEETING SEPTEMBER 10, 2020

19 20

Board of Supervisors Present: David T. Williams, District 1, Chairman Larry J. Nordvig, District 2 Michael W. Byerly, District 3 Bill L. Cox, District 4 Karin M. Carmack, District 5, Vice Chairman

Board of Supervisors Absent: None

County Staff Present: Bret Schardein, Interim County Administrator Tom Lacheney, County Attorney Phil Warner, Fire and Rescue Chief Tom Nolan, Director of Public Safety Communications Jeff Searfoss, Chief Deputy Ed Howland, Principal Planner Ramona Carter, Director of Public Works Charla Schubert, Director of Finance Curt Nellis, Assistant Emergency Management Coordinator John Wood, Director of Information Technology

Constitutional Officers Present: Brad Nunnally, Sheriff

Guests Present: Rebecca Worley, VDOT Resident Engineer

1. Call to Order

Mr. Williams called the meeting to order at 6:30 pm.

2. Pledge of Allegiance

Mr. Cox led the Pledge of Allegiance.

3. Invocation

Mr. Byerly gave the Invocation.

Powhatan County Board of Supervisors Regular Meeting September 28, 2020

4. Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation

Mr. Smither asked for an addition to the agenda to include a brief update on CARES Act projects as item 9B.

5. Formal Approval of Agenda

Chairman Williams made the addition as a form of a motion. Mr. Nordvig seconded the motion.

David T. Williams, Larry J. Nordvig, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AYE VOTE 5-0 MOTION Passed

6. County Administrator Updates- Certificates of Appreciation, Special Resolutions, Proclamations and Presentations

a. Recognition of PSC Officers for Graduation from Basic Dispatch School

Mr. Smither recognized and thanked part time PSC Officers, Daniel Spruce and Heather Sower for attending the dispatchery academy to receive their DCJS (Department of Criminal Justice Services) certification on their vacation from their full-time jobs. Mr. Nolan also thanked them for their dedication.

b. Proclamations Recognizing Fire and Rescue Volunteers for 50 Years of Service

Mr. Smither recognized Wayne Cosner, Floyd Greene, Samuel Llewellyn and Chuck Urbine for their 50 years of volunteer service each. Chief Warner thanked all 4 for their dedication and mentorship of so many volunteers, including himself, through the years as well as the citizens of Powhatan. Huguenot VFD Lifetime Member and Firefighter Taylor Goodman also thanked all 4 gentlemen for their dedication, leadership and teaching throughout the years with Company 2 – Huguenot and for their continued involvement.

Mr. Smither went on to deliver additional good news that the Fire & Rescue Department was recently awarded the SAFER Grant of $594,000.00 for the purpose of recruitment and retention of firefighters. He thanked Chief Warner and Recruitment and Retention Officer, Joe Sposa for their work obtaining the grant.

c. Proclamation P-2020-10 Recognizing Fire Prevention Week and the Members of Powhatan County Fire and Rescue

Mr. Smither explained the Proclamation designated the first week of October as Fire Prevention Week. Chief Warner thanked the Board for the designation and recognition.

d. Proclamation P-2020-11 Recognizing Domestic Violence Awareness Month October 2020 Powhatan County Board of Supervisors Regular Meeting September 28, 2020

Mr. Smither presented the Proclamation signed by the Board recognizing October as Violence Awareness Month. Ms. Wendy McClellan, Victim/Witness Assistance Coordinator, accepted the Proclamation and thanked the Board on behalf of her department and Social Services.

e. Update from Virginia Department of Transportation (VDOT)

Ms. Rebecca Worley, newly installed Resident Engineer Chesterfield VDOT gave a presentation on the projects and studies VDOT has had over the last month. Mr. Nordvig asked if VDOT had a program to put up signage to reduce speeding that were not just the typical speed limit signs. Ms. Worley responded they do not have that type of program but if the County wanted to develop something along those lines, they could look at it from a traffic engineering standpoint and have those discussions. Mr. Cox thanked Ms. Worley for being so responsive to his emails from citizens with traffic questions. Mr. Byerly thanked Ms. Worley as well for her promptness to citizen questions and the various projects in District 3. Chairman Williams thanked Ms. Worley for her update.

7. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

Chairman Williams opened the public comment period. Speakers were as follows:

i. John Kochensparger, Chairman Monacan Soil and Water Conservation District Board addressed the Board of Supervisors. He reviewed the various elected and appointed representatives on the MSWCD. ii. Sharon Younce, 1917 Fair Oaks Rd., suggested to the Board for the unused portions of the Powhatan Landmark Center to convert them into small museums or areas for artists to give lessons and sell art to attract tourism.

Seeing as there were no other speakers, Chairman Williams closed the Public Comment Period.

8. Consent Agenda

a. Minutes May 18, 2020 Regular Meeting

b. Minutes June 11, 2020 Special Joint Meeting with Powhatan County School Board

c. Minutes June 15, 2020 Special Meeting

d. Update on 2016 and 2018 Bonded Projects

e. Report on Treasurer’s Accountability Fund

f. Resolution R-2020-51 Appropriating the Second Quarter of the Operating Budget for FY2021

Powhatan County Board of Supervisors Regular Meeting September 28, 2020

g. Resolution R-2020-52 Initiating a Zoning Text Amendment to Revise Permitted and Conditional Uses Within the Courthouse Square Center (CHSC) Zoning District

h. Resolution R-2020-53 Amending the FY2021 Operating Budget by Budgeting and Appropriating $5,636 in the General Fund for Additional State Library Aid

i. Resolution R-2020-54 Authorizing the County Administrator to Execute Contract with the Most Responsive and Responsible Offeror for ERP Replacement (RFP 2019-01) Upon County Attorney Approval

Chairman Williams motioned to move 8b, 8d and 8g to be removed from the Consent Agenda and become agenda items 9c, 9d and 9e in the same order as they appeared in the Consent Agenda. Mr. Cox seconded the motion.

David T. Williams, Larry J. Nordvig, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AYE VOTE 5-0 MOTION Passed

9. New Business

a. Report on FY2020 Pre-Audit Financials

Finance Director, Charla Schubert gave the Board an update on the Pre-Audit Financials as of June 30, 2020. The Fund Balance increased $3.1 million and she gave a breakdown of the areas that came from as well as the unassigned and assigned fund balances. Mr. Cox made several observations about different revenue changes that the Board should pay attention to. He suggested the accounting report be turned into a managerial report to be given to the Board to help make decisions going forward.

b. Cares Act project update

Mr. Smither gave updates on current project using CARES Act Funds and some new projects, a backup ambulance and back up 9-11 center to be used in the event of a COVID breakout. He asked the Board members if they thought the new projects were appropriate to allocate CARES Act money to. Mr. Nordvig asked what other localities were doing for backup 9-11 centers. Mr. Smither replied that Tom Nolan may have more information on the 9-11 centers from other localities. Mr. Nolan stated that the larger localities like Chesterfield and Richmond already have space set aside for backup centers. Smaller localities were having the same issues as we were with space and were having to look at other county facilities for available space. By having a backup center this would allow any dispatcher with an exposure to be housed separately so as not to expose others, and would also allow for the ability to have dispatchers working different shifts to have separate work spaces to comply with the social distancing requirements. Mr. Nordvig asked how an exposure to one dispatcher could impact the others. Mr. Nolan explained that with only 3 or 4 people per shift, if there is an exposure, with the limited staffing, 14 hour shifts could be increased and with the specialized programs we use, calling in backup wasn’t an option due to the Powhatan County Board of Supervisors Regular Meeting September 28, 2020

24 training involved for our unique computer programs. By having an offsite duplicate dispatch center, the shifts could be separated and avoid any cross exposure. Mr. Smither added that they have fogging and cleaning protocols in place currently if there was an exposure, but 2-3 hours of 9-11 being down was unacceptable for our citizens. Chairman Williams asked if the Board members had any issues with either project or if everyone was in general agreement for Mr. Smither to move forward. All Board members agreed with the projects and to moving forward.

c. Minutes June 11, 2020 Special Joint Meeting with Powhatan County School Board Mr. Smither explained a School Board member had requested some changes be made to the minutes from that meeting. The changes were made and marked in red on a new draft provided to the Board of Supervisors prior to the meeting. If approved, all the changes would be made and recorded.

Mr. Cox motioned to approve the minutes as amended. Ms. Carmack seconded the motion. Mr. Nordvig explained he would be abstaining since he was not present at the meeting and only listening by phone.

David T. Williams, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AYE Larry J. Nordvig - Abstain VOTE 4-0-1 MOTION Passed

d. Update on 2016 and 2018 Bonded Projects

Mr. Cox referred to page 49 in the agenda packet. He explained he had asked Mr. Smither for a more condensed version of the updates on the bonded projects so they can be looked at from a management standpoint to ensure they come in under or at budget. The version on page 49 was a great starting point.

Chairman Williams made a motion to approve the Update on 2016 and 2018 Bonded Projects. Ms. Carmack seconded the motion.

David T. Williams, Larry J. Nordvig, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AYE VOTE 5-0 MOTION Passed

e. Resolution R-2020-52 Initiating a Zoning Text Amendment to Revise Permitted and Conditional Uses Within the Courthouse Square Center (CHSC) Zoning District

Mr. Byerly explained that since he is an adjacent property owner, he would be abstaining from voting on the issue from this point forward. Mr. Cox asked Mr. Pompei asked to clarify what the amendment was. Mr. Pompei responded that it gave staff direction to start looking at the conditional uses for the Courthouse Square Center and if they fall in line with other businesses in the area. Once amendments are made, it will be brought back to the Board for approval and public hearings. Approving this Resolution is not approving any changes and only gives permission for staff to dedicate time to the amendments. Powhatan County Board of Supervisors Regular Meeting September 28, 2020

Mr. Cox motioned for approval. Mr. Nordvig seconded the motion.

David T. Williams, Larry J. Nordvig, Bill L. Cox, Karin M. Carmack voted AYE Michael W. Byerly - Abstain VOTE 4-0-1 MOTION Passed

Chairman Williams made a motion to approve the Consent Agenda as amended. Mr. Byerly seconded the motion.

David T. Williams, Larry J. Nordvig, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AYE VOTE 5-0 MOTION Passed

10. Public Hearings

a. Ordinance O-2020-13 (Case #20-02-AZ) Elimination of Single Cut Subdivisions

Mr. Pompei gave an overview of the Ordinance. This amendment will affect Chapter 68 (Subdivision Ordinance) and Chapter 83 (Zoning Ordinance) of the County Code. He stated the Planning Commission had recommended approval of this amendment after holding a public hearing in May of 2020. Chairman Williams opened the Public Hearing. Speaker were as follows:

i. Darlene Bowlin, 630 Petersburg Road, spoke in favor of the single cut subdivision. She feels the right to cut off 2 acres from a piece of property should not be taken away from landowners. She feels the older population that may not know this issue is before the Board, would have been more outspoken if they knew. The ability to sell off a few acres could make the difference in paying off mortgages or land for older citizens. For smaller farms, if single cuts are taken away, then the only option would be to sell off 2-10 acre lots which could destroy someone’s family legacy. She asked the Board to please come up with a different option that would satisfy the concern of land developers buying up small parcels. ii. Susan Evans Smith, 2901 Genito Rd., spoke against Government micromanaging of citizens land. She asked that the Board consider all aspects of this ordinance and protect Powhatan’s farmers and keep their campaign promises. iii. Sharon Younce, 1917 Fair Oaks Rd., discussed her inherited property at 1950 Moyer Rd. She spoke against the elimination of single cuts. She feels the Comp Plan is favoring the newcomers to the county and slowly taking away the rights of the long-time landowners. iv. Kitty Osborne, 1071 Dorset Rd., spoke against the Ordinance. She stated she is a constitutionalist and the 5th and 14th amendment is supposed to protect citizens from the government telling them what to do with their land. There are many Supreme Court cases to back this up. She stated she hears “maintain the rural character” a lot at Board meetings but doesn’t see how they are protecting the citizens that own large tracts of land. She has not heard one good argument how this Ordinance is a benefit to landowners instead of just taking away rights. Powhatan County Board of Supervisors Regular Meeting September 28, 2020

v. Christy Elliot, 3471 Anderson Hwy, spoke in opposition of the Ordinance Amendment. As a property owner since the 1800s, her family has been hit several times with having land taken away for VDOT and the Colonial Pipeline. Having the option of a single cut in the event the money is needed to care for a family member is one more right being taken away. The longtime landowners are the ones suffering and having their rights taken away. vi. David Sowers, 2000 Norwood Creek Dr, stated that as a law and order county the citizens must abide by the County Code, but why is each Ordinance reviewed as a worst-case scenario. Why does the County get to choose which Ordinances it enforces or changes and do those changes go against State Code? He doesn’t feel most citizens get proper notice of these type of changes. He asked that the Ordinance be denied and let single cuts remain. vii. Doug Bradbury, 3575 Richards Run, asked why this ordinance is being considered and what is it that Board is trying to accomplish with this amendment? Who is it helping and who is hurting? He feels the previous speakers represent a good cross-section of landowners in the County that would be affected by this change and have all spoken in opposition of the Ordinance. He asked if any Board members have had any citizens in their districts speak in favor of it? He asked them to think carefully about how they will vote to represent the constituents who have all supported them. He asked of they had to approve the Ordinance change then the people that are currently in process or have expressed an interest in single cuts should be given the opportunity to finish that process before it is stricken by using a future effective date. Single cuts have been in the County Code for over 40 years and to his knowledge have not caused any problems. viii. Kenneth Hatcher, 3617 Trenholm Rd., stated he closely read the information in the agenda packet and this amendment eliminates charitable donations of land which would keep Habitat for Humanity from being donated lots to build houses on. This Ordinance has remained part of the Code for many years and through many different Boards and Planning Commissions and updates of the Comp Plan and no one has ever had a problem with it. He feels by giving large landowners this option, it does keep with the rural character of the county by allowing landowners to keep the large tracts of land instead of selling to developers. He asked why this has come up now and why the change all the sudden? He asked them to really consider who this hurting before they decide, that just because a State Code gives them authority do so, doesn’t mean they should use it.

Seeing as there were no other speakers present or remotely, Chairman Williams closed the public hearing. Chairman Williams opened the floor to Board member comments.

Mrs. Carmack reviewed her research on the single cuts in the most recent years. She feels historically it was an option for farmers, but it has become a development tool with only 2 of the last 17 cases being citizens. She suggested having an honest discussion on what the goal is and if keeping this from being used as a development tool is the actual goal.

Mr. Nordvig stated that he is against taking away the single cut rights of the citizens of this county. All the citizens that spoke at the public hearing had valid points. He feels that the legacy of the landowners needs to be preserved and not taken away. That a small percentage of developers using this as a development tool is not a good enough reason to take away property rights of a long-term tax paying citizen. He has had multiple people contact him and they were all against this Ordinance change and he feels he needs to represent his people of his district.

Powhatan County Board of Supervisors Regular Meeting September 28, 2020

Mrs. Carmack and Mr. Nordvig continues to discuss the different sides and why this type of cut has been used in various zoning instances, like RC, and not in others.

Mr. Cox showed a slide of a single cut parcel and reviewed an email sent to the Board from Mr. Terry Paquette who asked for his email to included in the Agenda Packet as a matter of public record. He asked Mr. Lacheney to explain the private property rights. Mr. Lacheney explained private property rights according to the Supreme Court of VA. Mr. Cox continued to review portions of Mr. Paquette’s email.

Mr. Byerly questioned why the time could not be dedicated to research which out of the +/-15,000 parcels that would be affected by this change. He felt it was an important enough issue to spend the time on. For the small percentage of the parcels that have done single cuts, the rural character of the county won’t be affected. Mr. Byerly made several suggestions of compromises that could be made instead of eliminating the single cuts.

Chairman Williams asked Mr. Schardein and Mr. Pompei if having single cuts available to the county represented good planning for the county and if not, why? Mr. Schardein stated when looking at the life of the Comp Plan, single cuts don’t represent a good urban planning best practices as there is no control that far out in the future. Mr. Pompei stated the Comp Plan dictates 1 unit per 10 acres in the rural areas and allowing single cuts does not align with this.

Mr. Cox asked staff if the Planning Commission had deferred deciding on this amendment to allow for additional community advertisement. Mr. Nordvig asked for clarification on the 2-week deferral he had heard referenced. Mr. Pompei explained the case was advertised for 2 weeks prior to the original August 4 Planning Commission meeting which was cancelled due to a tropical storm. It was re-advertised prior to the August 19 meeting where it was deferred for a month and then again prior to the September 1st meeting.

Mr. Byerly asked staff why developers and county staff have such different opinions on single cuts. Mr. Pompei responded there is still some language in the County Code that stipulates flag lots and if they are or are not allowed as single cuts. Mr. Byerly asked if the conflicting language was adding to the disconnect and issues and if the Subdivision Ordinance and Zoning Ordinance was written more clearly would this help. Mr. Pompei agreed that if both Ordinances aligned then it would be much easier for all involved to interpret and follow.

Mr. Cox asked if eliminating single cuts would take care of any confusion in the Ordinances. Mr. Pompei responded yes. Mr. Byerly asked if the Ordinances were cleaned up would that also help. Mr. Pompei responded yes, it would clarify the Boards intentions and help with the interpretation, administration and understanding by landowners what is expected of them. Chairman Williams clarified with Mr. Pompei that we are just referring to the single cut issue. He asked for an example of where there is conflicting language in the Ordinance. Mr. Pompei responded in the Subdivision Ordinance Section 68-114 it describes that single cuts can be flag lots. In the definition section it describes the only acceptable flag lots are family division and properties located on cul-de-sac.

Mr. Cox wanted to clarify how many applications are in process that has not been acted on for a single cut. Mr. Pompei responded there was currently only one. Mr. Cox asked what would happen Powhatan County Board of Supervisors Regular Meeting September 28, 2020

28 to that application if this amendment was adopted at this meeting. Mr. Pompei responded the application would not be approved unless some sort of “Grandfathering” language was added to the amendment. Mr. Cox asked if staff had already written a version with the “grandfathering” language. Mr. Pompei responded they did.

Mr. Byerly stated that he felt it was a wiser decision for the Board to get their “housekeeping” in order by getting the Ordinance language straight before making any decisions on what citizens viewed as property rights.

Chairman Williams went back to his original question of are single cuts smart planning for a developing, rural county, regardless of the mixed interpretation issues of the Subdivision Ordinance. Mr. Schardein responded from a planning standpoint, single cuts are not a smart planning standpoint. He stated if someone is having a hardship, there are other ways that can be looked at to use the sale of some land to help with that.

Mrs. Carmack stated that she was not against adding something to the Ordinance to help cases of hardships, but she feels single cuts in general are not a good planning practice.

Mr. Nordvig stated he again doesn’t feel this Ordinance Amendment is ready to be voted on at this point. He agreed with some of Mr. Byerly’s ideas and would like to explore some other options and would like to form a committee with experts and staff to come up with a compromise. He feels strongly that property rights should be respected. He would like to defer the vote.

Mr. Cox asked Mr. Lacheney what rights are not being respected by this Ordinance. Mr. Lacheney responded according to the Supreme Court; you have the right to use your property in a beneficial way but not a right to subdivide necessarily.

Chairman Williams thanked everyone for the discussion and information. He asked Mr. Schardein when the Amendment would take effect. Mr. Schardein responded it would take effect immediately unless the Board added language otherwise and any “grandfather” language would need to be included in the motion.

Mr. Cox motioned to approve Ordinance O-2020-13 (Case #20-02-AZ) Elimination of Single Cut Subdivisions with the provision included that any applications that are already in process be grandfathered in and allowed to finish the process. Mr. Lacheney read the modified amendment with the language grandfathering in applications already in process that staff had prepared in advance. Mrs. Carmack seconded the motion. Mr. Nordvig asked Mr. Schardein how he knew to have the modified Ordinance Amendment with the grandfathering language prepared ahead of time and did all 5 Supervisors receive that version ahead of time. Mr. Schardein responded there had been discussions with the Chairman ahead of time to be prepared with the modified version if is the way the decision went. Mr. Nordvig wanted to clarify if all or just some Supervisors were privy to the modified version ahead of time. Mr. Schardein responded no, just the Chairman was. Mr. Nordvig questioned why 3 Supervisors were so quick to agree to the amended version and the other 2 Supervisors knew nothing of it if the people’s business was supposed to be discussed in front of the people not behind closed doors. He objected to the process and demanded an answer. Chairman Williams responded that he was contacted by a citizen, Mr. Sowers, earlier that day who suggested that the “Grandfather” clause be added to be fair to those that had applications in Powhatan County Board of Supervisors Regular Meeting September 28, 2020

process and could not control when they were processed by staff. He agreed with the suggestion which had been done by previous Boards when changes were made to Ordinances and he had staff prepare the amended version of the Ordinance ahead of time to prepare for this. Mr. Nordvig again stated his displeasure and disagreement and that he felt this decision was already made by 3 Supervisors prior to the meeting. Mr. Cox stated this is a consistent problem anytime changes are made to Ordinances. Mrs. Carmack stated she was not privy to the new “grandfathering” language prior to the meeting and they were all working independently. Mrs. Carmack stated she has no problem going to larger landowners and compromising on another route to help figure out a way for them to be able to cut off larger tracks of land for hardships but not slicing and dicing small tracts. Mr. Byerly asked Mrs. Carmack to explain what she meant more clearly. Chairman Williams stated he did not want a discussion about what might be a future change to the Ordinance at this time with a motion on the table. Mr. Byerly again asked if the motion was to omit single cuts language how would they be able to go back later to change language that wasn’t there. Mrs. Carmack stated she was meaning creating a new Ordinance that would add different language on land cuts that were not small pieces but larger tracts. Chairman Williams stated that was a discussion for a different day.

Chairman Williams called for the roll call vote. Mr. Smither conducted a roll call vote:

Mr. Williams Aye Mr. Nordvig No Mr. Byerly No Mr. Cox Aye Mrs. Carmack Aye VOTE 3-2 MOTION Passed

b. Ordinance O-2020-14 (Case #20-02-CUP) Robert and Josephine Pendergraph Renewal of CUP for a Country Inn (District #1: Subletts/Manakin/Flat Rock)

Mr. Pompei gave an overview of the case. Chairman Williams opened the public hearing. Seeing as there were no speakers, Chairman Williams closed the public hearing.

Chairman Williams motioned to approve Ordinance O-2020-14 (Case #20-02-CUP). Mrs. Carmack seconded the motion.

Chairman Williams called for the roll call vote. Mr. Smither conducted a roll call vote:

Mr. Williams Aye Mr. Nordvig Aye Mr. Byerly Aye Mr. Cox Aye Mrs. Carmack Aye VOTE 5-0 Powhatan County Board of Supervisors Regular Meeting September 28, 2020

MOTION Passed

11. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

Chairman Williams opened the second public comment period. Speakers were as follows:

i. David Anderson, 2120 Stavemill Estates Dr, commented that during the public comment periods, he makes statements often and he thinks its important for the Board to hear from the public and for the public to feel comfortable speaking to the Board. After the last public comment period, one of the supervisors addressed a citizen by name and refuted heir comments in an almost accusing way and he respectfully asked the Board in the future if they are responding to citizens comments, even if they don’t agree, they should do so respectfully and assume the citizens has pure motives not impure. Seeing as there were no other speakers, Chairman Williams closed the second public comment period.

12. County Attorney Comments

The County Attorney had no comments.

13. County Administrator Comments

The County Administrator had no comments.

14. Board Comments

Mr. Cox asked if a discussion item could be added to the next meeting agenda on the possibility of making changes to the Village Districts in the Future Land Use Plan.

15. Closed Meeting as authorized by the Code of Virginia, Section 2.2-3711(A) to Discuss Goals and Priorities of the County Administrator

Mr. Lacheney read the Closed Meeting authorization:

WHEREAS, the Board of Supervisors of Powhatan County desires to discuss in Closed Meeting the following matter(s):

Discuss Goals and Priorities of the County Administrator

WHEREAS, pursuant to: §2.2-3711(A)(1) of the Code of Virginia, such discussions may occur in Closed Meeting;

NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Powhatan County does hereby authorize discussion of the matters in Closed Meeting. Powhatan County Board of Supervisors Regular Meeting September 28, 2020

Chairman Williams made this in the form of a motion. Mrs. Carmack seconded the motion.

Votes: Ayes: 5 Nays:0 Absent from Vote: 0 Absent from Meeting: 0

16. Certification of Closed Meeting as authorized by the Code of Virginia, Section 2.2-3711(A) to Discuss Goals and Priorities of the County Administrator

Chairman Williams reconvened this Regular Meeting of the Powhatan County Board of Supervisors in open meeting and request the Clerk of the Board to conduct a roll call certification vote of the Supervisors, to be included in the minutes of this meeting.

Mr. Lacheney read the below meeting certification.

Do you certify to the best of your knowledge that?

(1) the only matters discussed in the closed meeting were public business matters lawfully exempted from open meeting requirements, and

(2) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the closed meeting just conducted?

Chairman Williams made this in the form of a motion. Mr. Cox seconded the motion.

Chairman Williams called for the roll call vote. Mr. Smither conducted a roll call vote:

Mr. Williams Aye Mr. Nordvig Aye Mr. Byerly Aye Mr. Cox Aye Mrs. Carmack Aye VOTE 5-0 MOTION Passed

17. Adjournment

Chairman Williams adjourned the meeting at 9:49 pm.

Powhatan County Board of Supervisors Regular Meeting September 28, 2020

These minutes approved by motion and second at January 19, 2021 meeting of the Powhatan County Board of Supervisors.

David T. Williams, Chairman Powhatan County Board of Supervisors

Recorded Vote: David T. Williams ATTEST: Larry J. Nordvig Michael W. Byerly Bill L. Cox Ned Smither, Clerk Karin M. Carmack Powhatan County Board of Supervisors

Powhatan County Board of Supervisors Regular Meeting September 28, 2020

VIRGINIA: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS HELD IN THE POCAHONTAS LANDMARK CENTER, 4290 ANDERSON HIGHWAY IN POWHATAN COUNTY, VIRGINIA, AND REMOTELY BY ELECTRONIC MEANS ON OCTOBER 19, 2020, AT 6:30 P.M.

Board of Supervisors Present: David T. Williams, District 1, Chairman Larry J. Nordvig, District 2 Michael W. Byerly, District 3 Bill L. Cox, District 4 Karin M. Carmack, District 5, Vice Chairman

Board of Supervisors Absent: None

Planning Commissioners Present: Ms. Vicki Hurt, District 1 Ms. Amy Kingery, District 2 Mr. Bobby Hall, District 3 Ms. Jane Pendergast, District 4 Dr. Barbara Brown, District 5 County Staff Present: Ned Smither, County Administrator Bret Schardein, Assistant County Administrator for Community Development Andrew Pompei, Planning Director John Wood, Director of Information Technology

Constitutional Officers Present: None

Guests Present: Mr. Frank Flannagan, Chairman of Electoral Board

1. Call to Order

Chairman Williams called the meeting to order at 6:30 p.m.

a. Identify Public Entity members physically and/or electronically present

Mr. Williams identified the Board members, the Planning Commissioners, Mr. Smither, Mr. Schardein, and their locations.

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b. Identify the persons responsible for receiving public comment

County Administration staff will accept emailed comments at [email protected]. Any comments received until 6:30 pm, on the day of the meeting will be entered into the meeting minutes.

c. Identify opportunities for the public to access the electronic meeting

d. Identify opportunities for the public to participate in such an electronic meeting

2. Pledge of Allegiance

Mr. Byerly led the Pledge of Allegiance.

3. Invocation

Ms. Hurt led the Invocation.

4. Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation

Mr. Cox requested to add a new item to the Agenda for a discussion on issuing a statement of clarification about zoning for Village Center, Village Center PD, Village Residential, and Village Residential PD districts.

5. Formal Approval of Agenda

Mr. Cox made a motion to approve the agenda as amended. Mr. Nordvig seconded the motion.

David T. Williams, Larry J. Nordvig, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AY E VOTE 5-0 MOTION Passed

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6. County Administrator Comments

Mr. Smither stated that there was an issue with a mailer sent out to 7,000 citizens last week concerning polling precincts. Mrs. Alexander and her staff have worked very hard to eliminate any confusion and get the correct mailer out to citizens.

Mrs. Carmack asked if the mistake will be at the County’s expense.

Mr. Flannagan stepped forward and introduced himself. He explained that the company that the County contracted with made the mistake and corrected it by sending out a second mailer at the contractor’s expense. Mr. Flannagan stated that unfortunately, the second mailer had the incorrect address for Red Lane Baptist Church. This was an error made by a staff member and will be corrected by having a staff member present at the incorrect address location to give the citizens the correct location. Mr. Flannagan made apologies for the mistakes made and will be correcting them.

7. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

Chairman Williams opened the first public comment period.

Mr. David Anderson, 2120 Stavemill Estates Dr, asked the Board to document and communicate to the citizens what it is that they are trying to solve in regards to the transportation issues mentioned in the last meeting.

Ms. Debbie Weir, 1501 Page Rd, stated that she is concerned that the newly designated gateway business parcels on Page Rd will increase the traffic on Page Rd. Ms. Weir is also concerned that the water and sewer infrastructure will not support commercial development.

Mr. Mike Hall, 1746 Old Powhatan Estates, agreed with Ms. Weir. He stated that the Board has to find another way for businesses that come up on Page Rd to access Route 60. He added that the current entrance and exits on Page Rd will not support any more traffic and the residents want to keep Page Rd rural.

Chairman Williams closed the first public comment period

8. Old Business

a. Discussion of the Comprehensive Plan with the Planning Commission

Mr. Pompei went over a packet that was given to the Board and Planning Commission. He stated that based on the feedback of the last meeting, staff made some changes to the text and maps of the Comprehensive Plan. He explained the five designations for land use and their

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definitions. The designations are; gateway business, public, industrial, neighborhood residential, and economic opportunity. Mr. Pompei stated that some items were removed from the Future Land Use Map growth areas; the Genito Station subdivision, Page Rd from Powhatan Estates eastward, and southwestern County Line Rd. There was an addition to the Future Land Use Map and that was adding Village Residential to smaller parcels located on Church Rd adjacent to the High School.

Mr. Cox, Mr. Pompei, Ms. Hurt, Ms. Brown, Ms. Kingery discussed what the role of the Planning Commission is with the Comprehensive Plan changes.

Ms. Hurt asked for more information regarding traffic in the growth areas. Mr. Williams explained that information that Ms. Hurt is seeking may be found on the VDOT Statewide Planning System.

Mr. Cox stated that he would like to have the wording “New development should not be stripped along the roadway but located within distinct districts” changed to “we will not”. He expressed concerns for the visibility of the retail nodes and would like to not see parking visible but landscaping and buffering instead. Mr. Cox would like strong wording of what they do not want. Mr. Nordvig agreed with Mr. Cox on stronger wording of that statement.

Mr. Cox and Mr. Pompei discussed the necessity of sidewalks and walking paths in the commercial and light industrial designations. Ms. Brown, Mr. Byerly, Mr. Nordvig are in favor of sidewalks and walking paths.

Mrs. Carmack asked for some clarification from Mr. Cox on what he meant by stripped development. Mr. Cox gave the example of Route 360 and how it looks visually. He added that those businesses that need to be seen have to adhere to being further back or go somewhere else. He noted that traffic has been the cause of past development failures. Mrs. Carmack doesn’t think that’s realistic asking businesses to do that and that traffic, no matter what, is going to increase. Mr. Williams remarked that he is more concerned with the traffic than with what it looks like visually.

Mr. Williams asked the Planning Commission to think about what they would like the County to look like in 20 years.

Mr. Nordvig suggested that the Planning Commission and the Board focus on one part of the county at a time in the joint meetings, then nail down the plan at the next Board meeting and so on, then the formal adoption and input. Mr. Nordvig thinks that they can have these changes wrapped up in six months.

Mr. Williams stated that he is unsure of whether or not a to do the Thoroughfare Plan because outside help would be required. He added that he wanted the Planning Commission to have flexibility with any changes they want to see made.

Mr. Pompei asked what level of residential is acceptable in the growth areas. Mr. Cox wants the growth areas for commercial and job generating purposes only. Mrs. Carmack disagreed 4 of 6 POWHATAN COUNTY BOARD OF SUPERVISORS JOINT MEETING OCTOBER 19, 2020

and is concerned for reduced funding from the State for schools. Mr. Nordvig stated that the answer to Mr. Pompei’s question would be answered in meeting two.

Mr. Williams also asked to have someone go over the Thoroughfare Plan in the second meeting. Mr. Williams asked the Planning Commission to look at Neighborhood Residential and Economic Development designations to see if that is what they want. Mr. Williams stated that he is in favor of having as many workshops as necessary.

9. New Business

a. Discussion of issuing a statement of clarification about zoning for Village Center, Village Center PD, Village Residential, and Village Residential PD districts.

Mr. Cox stated that he thinks that the public should know that they will not be re-zoning in the Village Center, Village Center PD, Village Residential, and Village Residential PD districts until the Future Land Use Map is resolved. He would like the Board to make a public statement so that the Planning Commission doesn’t get jammed up with applications.

Mr. Nordvig asked for clarification for developers interested in initiating projects. Mr. Cox stated that by issuing the statement, it will not stop businesses from applying, but that the Planning Commission wouldn’t be looking at the applications.

Mr. Byerly stated that he is not in support of it.

Mr. Nordvig suggested that instead of saying no, that the Board offer a calendar of when it may be a good time to apply for re-zoning.

Mr. Williams asked Mr. Pompei if the zoning and ordinances will be completed with the Land Use Map because he’s looking at a date that he can give the County Attorney to prepare a statement for Powhatan County. Mr. Pompei responded by saying that this is a significant undertaking and he and Mr. Smither are unsure of the amount of time it would take.

Mr. Williams deferred the discussion until the next meeting.

10. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

Chairman Williams opened the second public comment period.

Mr. Harold Ellis, 1318 Page Rd, stated that he would like to see the County take the posture that “we are open for business” and that the County is excited and encouraged about the definition of this county.

Mr. Curtis Newton, 2000 Judes Ferry Rd, felt like there was a whole lot of talking tonight but there wasn’t much said. 5 of 6 POWHATAN COUNTY BOARD OF SUPERVISORS JOINT MEETING OCTOBER 19, 2020

Mr. Williams closed the second public comment period.

11. County Administrator Comments

None

12. Planning Commission Comments

None

13. Board Comments

Mr. Nordvig wanted to remind the public that messing with political signs is trespassing and vandalism and subject to prosecution.

Mr. Williams stated that he attended the funeral of Mrs. Ann Montgomery Hogg. Mrs. Hogg severed on the Board of the Free Clinic and Social Services of Powhatan. She was the founding member of the Powhatan Chamber of Commerce, Garden Club, and a member of the Daughters of the American Revolution. Mrs. Hogg was a Powhatan High School graduate, received numerous degrees, and had a wonderful career in teaching at Collegiate. She was an extraordinary person. She was someone special and she will be missed.

14. Adjournment

Chairman Williams adjourned the meeting at 9:04 pm

These minutes approved by motion and second at January 19, 2021 meeting of the Powhatan County Board of Supervisors.

David T. Williams, Chairman Powhatan County Board of Supervisors

Recorded Vote: David T. Williams ATTEST: Larry J. Nordvig Michael W. Byerly Bill L. Cox Ned Smither, Clerk Karin M. Carmack Powhatan County Board of Supervisors

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Board of Supervisors Present: David T. Williams, District 1, Chairman Larry J. Nordvig, District 2 Michael W. Byerly, District 3 Bill L. Cox, District 4 Karin M. Carmack, District 5, Vice Chairman

Board of Supervisors Absent: None

County Staff Present: Ned Smither, County Administrator Bret Schardein, Deputy County Administrator Tom Lacheney, County Attorney Phil Warner, Fire and Rescue Chief Billy Gwynn, Volunteer Rescue Chief Ramona Carter, Director of Public Works Mary Anne Woodel, Coordinator of Parks and Recreation John Wood, Director of Information Technology

Constitutional Officers Present: None

Guests Present: Dr. Paula Pando, President, J. Sargent Reynolds Community College Dr. Sally Boese, Powhatan County Representative, College Board, J. Sargent Reynolds Community College Martha Chumney, Powhatan County EMS Volunteer

1. Call to Order

Chairman Williams called the meeting to order at 6:30 p.m.

a. Identify Public Entity members physically and/or electronically present

Chairman Williams identified the Board members, Mr. Smither, Mr. Schardein, and Mr. Lacheney.

b. Identify the persons responsible for receiving public comment

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County Administration staff will accept emailed comments at [email protected]. Any comments received until 6:30 pm, on the day of the meeting will be entered into the meeting minutes.

c. Identify opportunities for the public to access the electronic meeting

d. Identify opportunities for the public to participate in such an electronic meeting

2. Pledge of Allegiance

Mr. Nordvig led the Pledge of Allegiance

3. Invocation

Mrs. Carmack led the Invocation

4. Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation

Mr. Byerly asked to remove the minutes from June 29, 2020 meeting and defer that until the next meeting.

Mr. Byerly asked to move Consent Agenda item C to New Business to become item 10c.

Chairman Williams made a motion to defer minutes for June 29, 2020 and move item C of the Consent Agenda to New Business. Mrs. Carmack seconded the motion.

David T. Williams, Larry J. Nordvig, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AY E

VOTE 5-0 MOTION Passed

Mr. Cox asked to add Old Business 9b. He stated that this would be a discussion of Declaration of Intent. No second. Motion failed. 2 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS REGULAR MEETING OCTOBER 26, 2020 41

5. Formal Approval of Agenda

Mr. Nordvig made a motion to approve the agenda as amended. Mr. Byerly seconded the motion.

David T. Williams, Larry J. Nordvig, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AY E VOTE 5-0 MOTION Passed

6. County Administrator Comments

Mr. Smither made the suggestion to modify the meetings for the next few months. He would like to move the November 12, 2020 workshop meeting to November 16, 2020. This would be a week ahead of the November 23, 2020 regular meeting. Mr. Smither also suggested the acceleration of the December 21, 2020 regular meeting to December 14, 2020.

Chairman Williams stated that there was no need for a vote unless any Board members were in opposition.

All Board members were in agreement of the changes Mr. Smither presented.

a. Update from J. Sargent Reynolds Community College

Mr. Smither introduced Dr. Sally Boese, Faculty Advisor and representative of Powhatan County on the J. Sargent Reynolds College Board.

Dr. Boese stated that Reynolds Community College is proud to partner with Powhatan County. She introduced Dr. Paula Pando, President of J. Sargent Reynolds Community College. Dr. Boese added that Dr. Pando is building a Strategic Plan in culmination of the College’s 50th anniversary.

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Dr. Pando presented. She shared a slide that listed how the College is planning to return to school for the Fall 2020 year. Dr. Pando stated that the school is transitioning to an Online/Hybrid instruction, they have established a future forward task force, are reimagining gatherings or postponing them, they are using the CARES Act money to reimagine student support, and they are training. Dr. Pando added that the School had transitioned over nine hundred courses in a two-week period, the school added Wi-Fi in the parking lots, and trained their instructors. Dr. Pando stated that the College has partnered with non-profit Virginia Ready, which incentivizes students who finish school with $1,000. Reynolds has partnered with the Better Housing Coalition to help folks who have lost their jobs during the pandemic. Dr. Pando noted that the school has opened a new campus in the east end of the City of Richmond, called The Kitchen at Reynolds. She stated that this college is a great stepping stone to the four-year colleges, and it costs less. Those students who go on to the 4-year colleges from Reynolds graduated with higher GPAs. Dr. Pando stated that Powhatan County, this year, has one hundred and thirty-one students enrolled, and twenty-seven degrees awarded.

Chairman Williams asked Dr. Pando to talk about the transitioning of the Goochland and Church Hill campuses. Dr. Pando responded by saying that they are hoping that the culinary universe will open back up for the Church Hill campus. She stated that she is currently in talks with the senior levels to reimagine the Goochland campus and it’s an ongoing conversation. Chairman Williams stated that the Board members and himself would be willing to help in any way they can. ,

b. Proclamation P-2020-12 Commending Martha Chumney

Mr. Smither introduced Martha Chumney and Fire & Rescue Chief Phil Warner. Mr. Smither and the Board thanked Mrs. Chumney and presented her with a proclamation in acknowledgement of the fourteen years of dedicated service to Powhatan County.

Chief Warner stated that both he and Volunteer Rescue Squad Chief, Billy Gwynn, would like to take the time to honor and thank Mrs. Chumney. He stated that for the past fourteen years, Mrs. Chumney has served the County of Powhatan and their citizens in need. Mrs. Chumney has held all of the operational positions in the Rescue organization as a volunteer, as well as served on the Rescue Squad Board of Directors. They wished her the best of luck in retirement.

Chairman Williams personally thanked Mrs. Chumney. s 7. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

Chairman Williams opened the first public comment period.

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Tom Gallagher, 2200 Founders View Lane, expressed concerns for the speeding on Founders Bridge Boulevard. Mr. Gallagher stated that there are trails that run along Founders Bridge Boulevard with children riding bikes and folks walking dogs. He asked the board to put in speed bumps or lower the speed limit. Mr. Gallagher added that the residents are raising a petition and are asking for the Boards support.

Mike Asip, 3673 Old Buckingham Road, thanked the Office of Elections for all of their efforts and hopes that Powhatans will continue to have peaceful elections.

Cathy Listfield, 2738 Red Lane Road, represented the Pickleball group. Ms. Listfield stated that there are no outdoor facilities in Powhatan that the Pickleball group can play in. Pickleball is mostly made up of senior citizens. Ms. Listfield stated that there are no facilities for seniors, they pay taxes, and should have their voices heard. She explained that the group had to resort to using the tennis courts at the former Middle School, and the court wasn’t adequate for playing. Ms. Listfield asked the County to resurface and update the tennis courts to accommodate Pickleball playing. She stated that their biggest issue is that the indoor gym fee of twenty-five dollars during business hours and fifty dollars during non-business hours is excessive.

Frank Armstead, 5827 Trenholm Woods Drive, stated that he can understand a twenty dollar per hour charge for personal use, but not for seniors. He added that Goochland County doesn’t charge a fee and Amelia County only charges one dollar per player. Mr. Armstead asked the Board to waive the fee for senior citizens.

Kenny Young, 3566 Old Buckingham Road, stated that if there is a twenty-five-dollar charge, people will not show up. He stated that Powhatan should run this like the other counties, open to the public, and free of charge. Mr. Young asked the Board to postpone the vote for further consideration.

Ken Irving, 2738 Red Lane Road, thanked the Board for their efforts in youth facilities but added there are none for seniors. Mr. Irving asked to see some programs for seniors. Mr. Irving feels like the fee will eliminate most participants, which will defeat the purpose.

Eric Jolly, 3152 French Hill Drive, talked about the impact of the fee structure on the players. He noted that they pay taxes just like everyone else, and the seniors are well underrepresented. Mr. Jolly added that the water and sewer would get paid regardless, they don’t need to be watched, they provide their own equipment, so there are no real costs to the County.

Seeing as there were no further speakers, Chairman Williams closed the first public comment period

8. Consent Agenda

a. Minutes July 27, 2020 Regular Meeting Page 35

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b. Resolution R-2020-56 Amending the FY21 Operating Budget Page 79 by Budgeting and Appropriating $67,778 in the General Fund for Center for Tech and Civic Life and CARES Grants to Elections c. Resolution R-2020-57 Amending the FY21 Operating Budget Page 82 by Budgeting and Appropriating $594,012 in the Grants Fund for the SAFER Grant d. Resolution R-2020-58 Amending the FY21 Operating Budget Page 85 and Appropriating $746,550 in Additional CARES Act Funding for Schools e. Report from VDOT on October 2020 Activity Page 88

Mrs. Carmack made a motion to adopt the amended Consent Agenda. Mr. Byerly seconded the motion.

David T. Williams, Larry J. Nordvig, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AY E VOTE 5-0 MOTION Passed

9. Old Business

a. Review of Draft Strategic Plan

Mr. Smither stated that he looks forward to the open house on November 17th at the Huguenot Volunteer Fire Department and on November 19th at the Pocahontas Landmark Center from 5:00 pm to 7:00 pm.

10. New Business

a. Resolution R-2020-59 Requesting Expansion of the Richmond Regional Transportation Planning Organization (RRTPO) Boundary to Encompass All of Powhatan County

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Mr. Smither presented. Mr. Smither explained that the RRTPO currently only incudes the eastern side of the county for federal funding. He stated that our regional neighbors have indicated their support for the whole of Powhatan County to be in consideration of these grants. Mr. Smither noted that Chairman Williams has worked very closely with our regional partners to gather their support for this initiative.

Mr. Nordvig thanked Chairman Williams for his efforts. He stated that the downside to this is what Powhatan will be giving up some funding for other rural programs west of Route 522.

Chairman Williams explained that the funding that the County was losing wasn’t rotated between several other rural regions, as it was supposed to be, and it was on a call basis so there was essentially no money associated with it.

Mr. Nordvig noted that our larger neighbors were willing to pool some of their own tax dollars to help us with this and thanked them.

Mr. Nordvig made a motion to approve the boundary line expansion. Mrs. Carmack seconded the motion.

Chairman Williams called for a roll call vote. Mr. Smither conducted the roll call vote.

David T. Williams Aye Larry J. Nordvig Aye Michael W. Byerly Aye Bill L. Cox Aye Karin M. Carmack Aye

VOTE 5-0 MOTION Passed

b. Resolution R-2020-60 Authorizing the Issuance up to $15,927,000 of Powhatan County’s General Obligation Refunding Bond, Series 2020

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Mr. Smither explained that in 2019 the Board took advantage of improved interest rates and refinancing with Citizens & Farmers Bank. General Obligation Bonds are outstanding, and at the time, we got a rate of 2.45 percent. Then the interest rates dropped and now the Board has a chance to save $905,000 over the next 12 years with an interest rate of 1.3 percent. The refinancing is expected to close mid-November.

Mr. Cox asked what it will cost us. Mr. Smither responded by saying that we will need to pay a call premium of $150,000. He added that we will then pay an issuance cost to our account legal fees, and the Shoemaker Financial Advisor of $20,000. The County will still net $905,000 after paying the $170,000 in fees.

Mr. Byerly made a motion to approve Resolution R-2020-60 Authorizing the Issuance up to $15,927,000 of Powhatan County’s General Obligation Refunding Bond, Series 2020. Mr. Nordvig seconded the motion.

Chairman Williams called for a roll call vote. Mr. Smither conducted the roll call vote.

David T. Williams Aye Larry J. Nordvig Aye Michael W. Byerly Aye Bill L. Cox Aye Karin M. Carmack Aye

VOTE 5-0 MOTION Passed

c. Resolution R-2020-55 Endorsing Applications Submitted to the Richmond Regional Transportation Organization (RRTPO) Requesting Funding through the Regional Surface Transportation Block Grant (RSTBG) Program

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Mr. Smither stated that in attempt to get grant funding for three projects on Anderson Highway, the staff has put together grant applications on behalf of the Board. The projects will be an R-cut at Old Buckingham Road and Academy Road, and a turn lane on westbound Stavemill Road, and a turn lane eastbound at Holly Hills Road. These were included in Smart Scale applications as well. The odds are not good in getting all three projects financed, but we are hoping to get at least one funded. Mr. Smither noted that this resolution is required as part of the application.

Mrs. Carmack asked if there would be any conflict in applying for these grants and the Smart Scale grants. Mr. Schardein stated that this application should come back before Smart Scale. He explained that these applications are not competing. This application is regional and Smart Scale is VDOT. Mr. Schardein stated that they have spoken with VDOT and the TPO to make sure there is no conflict.

Mr. Byerly asked Mr. Schardein if this was grant was from the Richmond Regional Transportation Authority. Mr. Schardein responded that a portion of the gas tax collected goes back to the region to be used for this grant. Mr. Byerly asked who was in the region. Mr. Schardein responded it was the same as the Planning District partners, Powhatan, Chesterfield, Richmond City, New Kent, Charles City, Hanover, City of Ashland and Goochland.

Chairman Williams added that we are only eligible for this grant with the new MPO boundary.

Mr. Cox asked if we were to be successful, would the grant cover the entire project. Mr. Cox also asked if the projects could be double funded. Mr. Schardein replied that it should cover the whole project and it can be double funded.

Mr. Cox made a motion to approve Resolution R-2020-55. Mr. Byerly seconded the motion.

Chairman Williams called for a roll call vote. Mr. Smither conducted the roll call vote.

David T. Williams Aye Larry J. Nordvig Aye Michael W. Byerly Aye Bill L. Cox Aye Karin M. Carmack Aye

VOTE 5-0 MOTION Passed

11. Public Hearing

a. Ordinance O-2020-15 Amending the Code of Ordinances, Appendix A Fee Schedule, to add Pocahontas Landmark Center gymnasium and training room usage fees

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Mr. Smither stated that this Ordinance officially awards our adopted fee for the gymnasium addition to the Parks and Recreation portfolio. The resolution doesn’t impact any fees at other facilities.

Mrs. Ramona Carter introduced Mary Anne Woodel, the Parks and Recreation Coordinator. She added that Ms. Woodel was instrumental in putting the fees together based on other counties in the area and operating costs of the gymnasium. Some of those costs are HVAC and electricity.

Ms. Woodel clarified that the $25 fee is not per person but to be divided among the whole group. She noted that groups will need to provide liability insurance. Ms. Woodel stated that the reason why the non-business hours fee will go up is because staff will need to be present. She noted that other counties do not charge during the day because they are larger counties with multiple staff members and have other paying activities.

Mr. Nordvig stated that he has heard someone mention that staff need not be present during non-business hours. He asked if there was any truth to that. Ms. Woodel replied that for liability purposes, staff needs to be present. Mr. Nordvig then asked if there was a need for deep cleaning for COVID-19. Ms. Woodel responded by saying that yes there is a need and the gym would need to be cleaned after each use. Mr. Nordvig stated that considering the cost associated with the usage of the gym, that it seemed like a good deal.

Ms. Carter stated that painting lines on the tennis courts is very do-able, as the County has a bit of money left over from the renovation of the Pocahontas Landmark Center.

Chairman Williams opened the public hearing.

Peggy Johnston, 3901 South Fairway Drive, stated that the fee may not be an issue for some citizens. She asked for some clarification on how the fees will work. Ms. Johnston stated that she doesn’t see how the taxpayers’ dollars will not cover the cost to run the gymnasium. She asked for some clarification on the group insurance.

Seeing as there were no other speakers, Chairman Williams closed the public hearing.

Ms. Woodel responded by saying that every group has to have insurance, it’s a requirement. That group has had that insurance in the past. All county buildings have this requirement. She added that the group can work something out with her where they only pay the fees monthly or yearly. She stated that she is willing to be flexible.

Mr. Byerly asked if the fields and diamond outside the building is being charged a fee. Ms. Woodel responded by saying no, the fees are different for outdoor facilities verses inside facilities simply because the cost to the County is different or non-existent. Mr. Byerly agreed with Ms. Carter about using leftover funds for painting the lines. He also stated that more needs to be done there. Mr. Byerly added that he gets lots of feedback from the community about not having enough indoor baseball facilities. He asked Ms. Woodel if there are any plans for indoor retractable netting and such for baseball needs. Ms. Woodel replied that there are no such plans at this time. 10 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS REGULAR MEETING OCTOBER 26, 2020 49

Mr. Byerly asked how many staff members Ms. Woodel has. Ms. Woodel responded that other than herself, she has only one part-time, limited hours staff member. She added that she is in charge of fifteen fields in Powhatan and another ten rectangular fields.

Chairman Williams stated that some of the questions Mr. Byerly raised will need to be addressed this year. He and other board members expressed concern over the lack of programs in Powhatan. Then, he added that this budget season, there will be something coming over the horizon that will be addressed in the area of Parks and Recreation.

Mr. Cox asked how long the Pickleball sessions last. Ms. Woodel stated one to three hours.

Mr. Cox then asked Mr. Smither if cleaning is covered by the CARES Act. Mr. Smither responded by saying yes, it is covered.

Mr. Cox asked Ms. Woodel if the hold up with the opening of the gym is the fee schedule. Ms. Woodel replied that it was. Mr. Cox asked if any other sports are being subsidized. Ms. Woodel responded by saying that the seniors are treated like any other age group. She added that she tried not to pick a fee that would hit the group too hard. Ms. Woodel stated that she is afraid that the fees will not cover the cost to uphold the gym.

Mrs. Carmack asked the difference between independent groups and Powhatan affiliated. Ms. Woodel explained a Powhatan affiliated group would be local, free and open to the public, and non-profit status. The other independent groups like the YMCA or travel ball leagues, or the Boy Scout and the Women’s Club for meetings that will want to use this space as well and they would pay the non-affiliated fees. Mrs. Carmack stated that a lot of the groups that are paying the non-affiliated fees are non-profit and provide a service to the County as well. She stated that we paid for the gym and she wants to see it used. Mrs. Carmack added that she would rather see the County take a little monetary hit and be as welcoming as possible. She stated that she would like to see the twenty-five dollars for the top and fifty for the bottom. Ms. Woodel added that they would have to charge all the other fields the same amount.

Mr. Nordvig stated that the Board wants to be fair. He explained that if the fees do not cover the cost to run the gymnasium, that money will have to come from somewhere. He said that there are only two ways the County can get money and they are; charging fees or raising taxes. Mr. Nordvig asked if twenty-five dollars is the number and what the breakeven is. Ms. Woodel replied that it is hard to say because they won’t be able to figure any hard numbers yet.

Mr. Byerly asked Ms. Woodel if they are taking credit cards. Mrs. Carter responded by saying that they cannot at this time, but once the new ERP system is in place, they hope to be able to take credit cards then. Mr. Byerly stated that the fees seem to be fair to him.

Chairman Williams stated that soon the Board will have a chance to review the fees come budget season. Mr. Smither added that it’s the entire fee system that will be reviewed including this one.

11 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS REGULAR MEETING OCTOBER 26, 2020 50

Mr. Nordvig stated that he thinks that charging fees is fair. He stated that he wants to change the amount to twenty dollars, instead of the twenty-five dollars, and forty dollars instead of the fifty-dollar fee.

Mr. Nordvig motioned to approve Ordinance O-2020-15 Amending the Code of Ordinances, Appendix A Fee Schedule, to add Pocahontas Landmark Center gymnasium and training room usage fees with the following changes: charge $20 for the affiliated fee and the independent group rate to $40. Mrs. Carmack seconded the motion.

Mr. Cox stated that he has a hard time throwing a number against the wall and seeing if it sticks. Mr. Nordvig agreed with Mr. Cox and added that they don’t really know what will work right now and they have the opportunity to make changes, if needed, soon.

Chairman Williams called for a roll call vote. Mr. Smither conducted the roll call vote.

David T. Williams Aye Larry J. Nordvig Aye Michael W. Byerly Aye Bill L. Cox Aye

Karin M. Carmack Aye VOTE 5-0 MOTION Passed

12. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

Chairman Williams opened the second public comment period.

Seeing no one come forward, Chairman Williams closed the second public comment period.

13. County Attorney Comments

None.

14. County Administrator Comments

None.

15. Board Comments

Mr. Nordvig thanked Mrs. Lynn Dressler for the invite to the car show that was on Dorset Road over the weekend. He added that he will be happy to attend next year.

Mr. Cox stated that today was a tough day for transportation. There were two severe accidents; one on Red Lane, and the other on Route 609. Mr. Cox urged everyone to be safe. 12 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS REGULAR MEETING OCTOBER 26, 2020 51

Mr. Byerly echoed what Mr. Nordvig stated. He added that the car show is a charity event for a Powhatan family in need. He stated that that is what Powhatan is about; helping others in need. Mr. Byerly told Ms. Carter and Ms. Woodel that the gymnasium is beautiful, and he is looking forward to the opening.

16. Adjournment

Chairman Williams adjourned the meeting at 8:40 pm.

These minutes approved by motion and second at the January 19, 2021 meeting of the Powhatan County Board of Supervisors.

David T. Williams, Chairman Powhatan County Board of Supervisors

ATTEST:

Ned Smither, Clerk Powhatan County Board of Supervisors

Recorded Vote:

David T. Williams Larry J. Nordvig Michael W. Byerly Bill L. Cox Karin M. Carmack

MLW

13 of 13 POWHATAN COUNTY BOARD OF SUPERVISORS REGULAR MEETING OCTOBER 26, 2020 52

VIRGINIA: AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS HELD IN THE POWHATAN VILLAGE BUILDING AUDITORIUM, 3910 OLD BUCKINGHAM ROAD IN POWHATAN COUNTY, VIRGINIA, AND REMOTELY BY ELECTRONIC MEANS ON NOVEMBER 23, 2020, AT 6:30 P.M. Board of Supervisors Present: David T. Williams, District 1, Chairman Larry J. Nordvig, District 2, joined remotely via Zoom Michael W. Byerly, District 3 Bill L. Cox, District 4 Karin M. Carmack, District 5, Vice Chairman

Board of Supervisors Absent: None

County Staff Present: Ned Smither, County Administrator Tom Lacheney, County Attorney Phil Warner, Fire and Rescue Chief Jeff Searfoss, Chief Deputy Charla Schubert, Director of Finance

Constitutional Officers Present: Brad Nunnally, Sheriff

Guests Present:

Call to Order – Chairman Williams called the meeting to order at 6:30pm

a. Identify Public Entity members physically and/or electronically present

Mr. Williams identified the Board members, Mr. Smither, and Mr. Lacheney, and their locations.

b. Identify opportunities for the public to access and participate in the electronic meeting

County Administration staff accepted emailed comments at [email protected]. Any comments received until 5:00 pm, March 30th were entered into the meeting minutes.

c. Identify opportunities for the public to access the electronic meeting

The public was able to participate in the meeting by using: https://zoom.us/j/83998792911 by computer. Phone access was possible by dialing: US: 1- 929-205-6099 or 1-312-626-6799. As always, the public could view the live feed from the County website.

d. Identify opportunities for the public to participate in such an electronic meeting

Powhatan County Board of Supervisors Regular Meeting November 23, 2020

2. Pledge of Allegiance

Mr. Cox led the Pledge of Allegiance.

3. Invocation

Mrs. Carmack provided the Invocation.

4. Requests to Postpone Agenda Items and Additions, Deletions or Changes in the Order of Presentation

No requests were made.

5. Formal Approval of Agenda

Mr. Cox motioned to approve the Agenda. Mrs. Carmack seconded the motion.

David T. Williams, Larry J. Nordvig, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AYE VOTE 5-0 MOTION Passed

6. County Administrator Updates- Certificates of Appreciation, Special Resolutions, Proclamations and Presentations

Mr. Smither expressed to the public, the new staffing situation for County Administrative Departments. All departments and buildings are still open with some staff working remotely on a rotating basis to help with social distancing and the spread of the coronavirus. He encouraged the citizens to call the departments first before coming to the building as most issues can be handled over the phone, but the buildings are open to the public as always.

A. Recognition of First Responders and Citizens for Life Saving Actions

Mr. Smither asked Chief Warner to come forward and introduce everyone involved. Chief Warner explained to the Board that success stories on life saving go far beyond one or two people and in August we had a citizen that due to a number of people, is here today to thank them all for their part in saving his life after a cardiac event while riding his bike. Firefighter Taylor Goodman recounted the events and introduced the citizens, first responders and dispatchers that all played a part and Mr. Edwards, the citizen that was saved. Mr. Stan Edwards came forward and thanked everyone for being there that day and making the decision to be involved which directly impacted his survival rate. Powhatan County Board of Supervisors Regular Meeting November 23, 2020

7. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

Chairman Williams opened the first public comment period. Speakers were as follows:

1. Joe Ordia, 3343 South Meadow Circle, spoke on behalf of Virginia Freedom Keepers, a group of over 10,000 Virginians that advocates for medical freedom rights. They are concerned about the upcoming mandatory vaccine being imposed on all Virginians. They would like to establish a 1st and 4th Amendment Sanctuary county similar to the recent 2nd Amendment Sanctuary to avoid Powhatan Citizens being forced to take the vaccine verses making the decision for themselves. 2. Geraldine Gallagher, 2200 Founders View Lane, spoke about the speeding and traffic in Founders Bridge. There was a neighborhood meeting and a petition signed by 150 residences that there is a huge problem which will get worse when the apartments are finished. She asked the Board to review the petition and speak to VDOT to find a way to slow down the traffic. 3. Jean Jordan, 2228 Founders View Lane, followed up on the previous speakers’ comments and asked for the crosswalks to be marked clearly as they are not marked at all now. Bicyclist, joggers, walkers, etc. all use the road as well as the walking paths and she feels it’s a matter of time before someone is seriously hurt. 4. Karen Norsworthy, 2244 Founders View Lane, feels the speeders are a huge safety issue. She was recently almost hit pulling out onto Founders Bridge Blvd by a car going approximately 50mph. She also asked the Board to contact VDOT so they can all work together on a solution.

Seeing that there were no more speakers, Chairman Williams closed the public comment period.

8. Consent Agenda

a. Minutes June 24, 2020 Special Meeting

b. Minutes June 29, 2020 Special Meeting

c. Minutes August 17, 2020 Special Meeting

d. Minutes August 24, 2020 Regular Meeting

e. Report on Treasurer’s Accountability Fund

f. Report from VDOT on November 2020 Activity

g. Resolution R-2020-61 Amending the FY20 Operating Budget by Budgeting and Appropriating $57,225 in Donations, Grants and Passport Revenue

Powhatan County Board of Supervisors Regular Meeting November 23, 2020

h. Resolution R-2020-63 Authorizing the County Administrator to Execute a Contract with the Most Responsive Offeror for Custodial Services (RFP-2020-01) Upon County Attorney Approval

i. Resolution R-2020-64 Authorizing the County Administrator to Execute a Memorandum of Understanding with the Monacan Soil and Water Conservation District (MSWCD)

Mr. Smither explained a change was made to the June 29, 2020 minutes prior to this meeting and a updated version was given to the Board members. There were no questions or concerns by the Board members on this change.

Mr. Cox motioned to approve the consent agenda. Mr. Nordvig seconded the motion.

David T. Williams, Larry J. Nordvig, Michael W. Byerly, Bill L. Cox, Karin M. Carmack voted AYE VOTE 5-0 MOTION Passed

9. Appointments to Boards, Commissions, Committees, etc.

Upcoming Appointments: • Agricultural and Forestal Districts Advisory Committee (AFDAC) • Anti-Litter Council (ALC) • Audit Committee • Board of Equalization (BOE) • Capital Region Workforce Partnership Chief Local Elected Officials Consortium (CRWPCLEOC) • PlanRVA Commission, Alternate • PlanRVA Community Transportation Advisory Committee (CTAC), Primary and Alternate

Mr. Smither explained these are the current openings for Commissions and Boards in the County that will need to be filled by the end of 2020.

10. New Business

a. Resolution R-2020-62 Amending the FY20 Operating Budget by Budgeting and Appropriating $642,000 in Coronavirus Relief Funds (CRF) for Broadband

Mr. Smither reviewed the details of the grant received by Powhatan County in the amount of $642,000 for Broadband.

Powhatan County Board of Supervisors Regular Meeting November 23, 2020

Mrs. Carmack moved to approve Resolution R-2020-62 Amending the FY20 Operating Budget by Budgeting and Appropriating $642,000 in Coronavirus Relief Funds (CRF) for Broadband.

Mr. Nordvig seconded the motion.

Mr. Williams called for a roll call vote. Mr. Smither conducted a roll call vote:

Mr. Williams Aye Mr. Nordvig Aye Mr. Byerly Aye Mr. Cox Aye Mrs. Carmack Aye VOTE 5-0 MOTION Passed

11. Public Hearings

a. Ordinance O-2020-16 (Case #20-03-CUP) Powhatan Solar II, LLC Appeal of Planning Commission Determination

Mr. Pompei gave the details of the case. Ms. Haley Larabee, Cypress Creek Renewables and Ms. Lori Schweller, Attorney, Williams Mullen gave a presentation as the representatives of Powhatan Solar II, LLC.

Chairman Williams clarified with Mr. Lacheney that at this point the only decision they are discussing is whether to uphold or overturn the Planning Commission recommendation for denial. Mr. Lacheney responded yes, the initial discussion should be on the Planning Commissions recommendation only and then based on that Board decision, move on to the next item on the agenda which is the actual CUP approval.

Chairman Williams opened the public hearing. Speakers were as follows:

1. Mike Caniglia, 3835 Mill Mount Dr poke in opposition of the project and asked the Board to deny this Phase II portion due to the representative from 2019 stating at that tie that there was no plans for a Phase II at any point as well as the additional traffic on Three Bridge Rd which is already too small to handle the traffic it has. 2. Brenda Hubbard, 1700 Logwood Circle, Henrico, VA, spoke representing the WH Sledd estate on Rt 522. She questioned what kind of buffer will be on the other sides of the project not facing Three Bridge Rd. Her land is on an adjacent side. 3. Janet Turner, 3842 Mill Mount Dr, agrees with the first speaker and was at the meeting that the former rep stated there was no plans for a Phase II. She stated she is not opposed of Phase I, but isn’t sure why there is such a rush to approve Phase II when Phase I has not even been built out yet. Seeing as there were no other speakers, Chairman Williams closed the public hearing.

Powhatan County Board of Supervisors Regular Meeting November 23, 2020

Mr. Cox gave a presentation going back to the beginning of the project in Oct 2019. He confirmed with Mr. Lacheney that this is one project and had been planned that way since the beginning. Mr. Cox stated he is in opposition of this project for various reasons given in the presentation.

Mrs. Carmack asked Mr. Lacheney how this project differs from Scott Solar which was 2 Conditional Use Permits. Mr. Lacheney responded it is not unusual for one project to have several phases with separate CUP’s. Mrs. Carmack then asked Mr. Cox about the rezoning he mentioned in his presentation and she was unaware this project went through a rezoning.

Mr. Cox responded to the Scott Solar question, first. He stated the entire 900-acre tract was rezoned at 2 different times, to 2 different owners for and was therefore considered 2 different projects.

Mrs. Carmack stated that after reading the agenda packet, she found that the wording was unclear to her in the Comp Plan conditions so therefore it of course would be unclear to the applicants. By having the wording “should be” that leaves it more open and should be changed to “shall be” to be more definitive. The Comp Plan being a guide not an Ordinance gives it leeway and she feels by the wording should be 500 acres, then the 550-acre project falls in accordance with that. She doesn’t feel the clarity is there to completely negate the application.

Mr. Cox responded saying absolute clarity is not required and he understands it can be interpreted differently and create differences of opinion and that is ok.

Mr. Byerly asked Mr. Lacheney based on the wording of “should be 500 acres” does that mean it HAS to be 500 acres or less? Mr. Lacheney responded no. The decision of the board is to find a substantial accord not an absolute. Mr. Byerly then stated, if the Comp Plan is a guide not an Ordinance, then State Code ~15.2/22-32 which has an exception for Solar Farms that states, Solar Farms have to be in substantial accord with the local Comp Plan. His understanding is that the 6 features in the Comp Plan pertaining to Solar Farms, the applicant has 5 of the 6 which seems substantial to him. Mr. Byerly also questioned the word “area” in the Comp Plan that doesn’t break down which specific area, Total Parcel, Project and Total Solar Array he should be focusing on and needs a clarification of this before he can make a vote. After speaking with Commissioner of the Revenue, Jamie Timberlake, it was his understanding the taxes were based on the Maximum Solar Array Area which is what he feels they should be focusing on as the project “area” which means they are under the 550-acre max. Mr. Byerly also posed the question to the other Board members that if there was a suspicion of a Phase II, why was Phase I approved at all.

Mr. Nordvig referred back to the approval of Phase I which he did not support because of the suspicion of a Phase II. At that Board meeting there was much discussion about the prospect of a Phase II but were told repeatedly “not at this time”. Mr. Nordvig agrees with Mr. Cox in that the wordsmithing or recategorizing portions of the project verses the whole project has been the whole plan all along to get around CUP restrictions on size.

Mrs. Carmack addressed the Board and asked that they consider at the very least to pass this Resolution in order to at least get to the next Resolution which is where they would hear the Powhatan County Board of Supervisors Regular Meeting November 23, 2020

58 details on the actual rezoning request. With all the positives this business could bring to the County, she feels at least compelled to hear the entire plan before striking it down. In order to accomplish some of the goals of the Board, lower taxes, better Parks & Rec programs, newer equipment for Fire & Rescue, then allowing some commercial businesses growth is a necessity.

Mr. Nordvig commented that he does not want to base his decision on this appeal of the Planning Commission’s decision on what money the business will bring to the County.

Mr. Cox stated that this conversation has been a 4-year conversation and it keeps changing as the project and discussions go forward.

Ms. Larabee asked to have the opportunity to address some of the concerns of the Board. Chairman Williams granted that request. Ms. Larabee stated that at no time has this property been rezoned. It has and always will be A-10. She also stated the “5:00 email” that was referred to several times, was sent by her not in a deliberate or calculated way at all. She was wanting to explore options like the pollinator certification the Planning Commission had suggested or cash proffers to the county and its citizens in the form of projects or equipment needed by Fire & Rescue or Parks & Rec.

Mr. Byerly expressed that one thing to think about its that with the land being A-10, the owner could build houses on the land instead of the solar farm without needing Board approval and that kind of land development would have a cost for the County, whereas a solar would not. It would bring almost a million dollars initially and then almost $60,000 in M&T taxes a year. Right now, its $600 a year in tax revenue by being in Land Use. He supports maintaining the rural character and gets that no one wants to look at a solar farm, which is why there is a natural buffer, but in the end, we need commercial businesses in the county and this project seems like a good low key option.

Mr. Cox stated that when this Board was looking at how they wanted to grow the commercial business in the County, they pinpointed 3 distinct areas so the rest of the County could remain rural. Putting this type of industrial complex in an area that is not one of the designated commercial areas in his opinion goes against everything he was told early in his Board career. He also stated that he was under the impression as far as the buffers go, there is no forest requirement for the trees in the buffer and he feels from past experience that this particular solar firm is not interested in maintaining a buffer to keep down the visibility.

Mr. Nordvig feels the conversation has gotten convoluted and confused. The only decision they are to be making at this time revolved around the scope of the project and if it fit within the parameters of the Comp Plan and if the Planning Commissions recommendation should be overturned. Focusing on tax revenue or buffers should be part of the next agenda item if need be.

Mr. Cox motioned to affirm the Planning Commission recommendation of denial and deny the appeal. Mr. Nordvig seconded the motion.

Powhatan County Board of Supervisors Regular Meeting November 23, 2020

Mr. Williams called for a roll call vote. Mr. Smither conducted a roll call vote:

Mr. Williams Aye Mr. Nordvig Aye Mr. Byerly No Mr. Cox Aye Mrs. Carmack No VOTE 3-2 MOTION Passed

Mr. Cox made a point of clarification for the public that they original Solar I project was still approved and will continue with the entrance off Three Bridge Rd. Mr. Byerly clarified that the entrance is the originally proposed entrance on Three Bridge, not the newly suggested entrance in the Solar II portion so it will not be across from Westlake.

b. Ordinance O-2020-16 (Case #20-03-CUP) Powhatan Solar II, LLC CUP to Permit a Solar Energy Farm (District #3: Bethesda/Lees Landing)

No discussion was heard for this item due to the denial of the appeal in the previous discussion.

c. Ordinance O-2020-17 (Case #2020-05-AZ) County of Powhatan Rezoning Amendment of Courthouse Square Center (CHSC) Zoning District

Mr. Pompei gave the details of O-2020-17 (Case #2020-05-AZ) County of Powhatan Rezoning Amendment of Courthouse Square Center (CHSC) Zoning District. This amendment changes the CHSC zoning district from a transitional based district to a village growth area district. Additional permitted uses will be added by this change.

Chairman Williams opened the public hearing. Seeing as there were no speakers, Chairman Williams closed the public hearing.

Mr. Cox asked Mr. Pompei if the Village District Zoning District would be reinstituted and there were additional new uses added as well. Mr. Pompei stated that was correct. Mr. Cox stated he had concerns about the Hotel/Motel Use being added. Mr. Pompei stated that would be added as a conditional use so a developer would have to come before the Board and get CUP approval before that could be built. Mr. Cox stated he would prefer to have the Hotel/Motel Use be part of the overlay district at a later time instead of this initial Zoning District change.

Mrs. Carmack stated as a conditional use she feels they will have more control over it, and she is fine with leaving it. Chairman Williams and Mr. Byerly agreed.

Powhatan County Board of Supervisors Regular Meeting November 23, 2020

Mr. Nordvig asked Mr. Cox what he meant by considering it later. At what point I later. Mr. Cox responded that as the Board looks at growth districts in the county that they develop an overlay district for the Village area specifically which would include certain uses like Hotel/Motel for the future. Mr. Cox also stated if the rest of the board members are comfortable leaving it as a use now, then he is happy to support it as well.

Mr. Nordvig asked if by leaving this conditional use in the Ordinance would the next Board potentially be able to come in and put up a chain hotel/motel?

Chairman Williams explained by making it the conditional use instead of just an automatic approved use, that there is another level of scrutiny that will take place.

Mr. Cox motioned to approve Ordinance O-2020-17 (Case #2020-05-AZ) County of Powhatan Rezoning Amendment of Courthouse Square Center (CHSC) Zoning District. Mrs. Carmack seconded the motion.

Mr. Williams called for a roll call vote. Mr. Smither conducted a roll call vote:

Mr. Williams Aye Mr. Nordvig Aye Mr. Byerly Abstain Mr. Cox Aye Mrs. Carmack Aye VOTE 4-1-0 MOTION Passed

d. Ordinance O-2020-18 (Case #20-03-REZC) County of Powhatan Conditional Rezoning of Two Parcels to Courthouse Square Center (CHSC)

Mr. Pompei gave an overview of Ordinance O-2020-18 (Case #20-03-REZC) County of Powhatan Conditional Rezoning of Two Parcels to Courthouse Square Center (CHSC) which is a rezoning of 2 parcels by the County of Powhatan from General Commercial (GC) to CHSC.

Chairman Williams opened the public hearing. Seeing as there were no speakers, Chairman Williams closed the public hearing.

Mr. Cox motioned to approve Ordinance O-2020-18 (Case #20-03-REZC) County of Powhatan Conditional Rezoning of Two Parcels to Courthouse Square Center (CHSC). Mr. Nordvig seconded the motion.

Mr. Williams called for a roll call vote. Mr. Smither conducted a roll call vote:

Mr. Williams Aye Mr. Nordvig Aye Powhatan County Board of Supervisors Regular Meeting November 23, 2020

Mr. Byerly Abstain Mr. Cox Aye Mrs. Carmack Aye VOTE 4-1-0 MOTION Passed

12. Public Comment (time limit 3 minutes per individual/5 minutes per group, 30 minutes total time limit that can be extended by the Board)

Chairman Williams opened the 2nd Public Comment period. Speakers were as follows:

1. Kitty Osborne, 1071 Dorset Road, spoke about “Land Gifting” that will come before the Board in December. The stipulations on gifted land on very difficult and can bring up serious hardships. She would like to start the discussion regarding not being able to gift land to a spouse. 2. David Anderson, 2120 Stavemill Estates Drive, commended the Board for holding such a civil and transparent discussion on the solar farm. He feels its good for the citizens to see the frankness and openness of the board when it comes to difficult decisions for the County.

Seeing as there were no more speakers, Chairman Williams closed the public comment period.

13. County Attorney Comments

Mr. Lacheney had no comments.

14. County Administrator Comments

Mr. Smither had no comments.

15. Board Comments

Mr. Nordvig addressed the concerns of some of the citizens that spoke earlier about speeding in Founders Bridge. He suggested looking at VDOT approved signage that can be attached to current speed limit signs and flashes your speed at you. He also suggested 3-D sidewalks as an option instead of speed bumps. He felt they may work better long term since people only slow down when a Sheriff’s car is sitting there and having one assigned every day is impossible.

Chairman Williams commented that he has been in contact with the Sheriff and Rebecca Worley, VDOT Resident Engineer for Powhatan, He plans to work with them and the residents to move forward on a plan to solve the issue.

Mr. Cox commended the Sheriff’s Office, First Responders and VDOT for the marvelous job they all did with a logging truck accident earlier that day that shut down Rt 13 completely from Rt 60 to Macon.

Powhatan County Board of Supervisors Regular Meeting November 23, 2020

Mr. Byerly commented that it makes you feel proud to live in Powhatan hearing stories like the one at the beginning of the meeting where citizens along with First Responders, Sheriff’s Office and Dispatchers worked together without even knowing the victim, to save his life. Mr. Byerly also addressed the citizen who commented on mandatory vaccine orders coming from Richmond possibly. He agreed that everyone needed to pay close attention to this and other things that could be violations of their rights.

Chairman Williams concurred with Mr. Byerly’s comments. He also commented that with as hard as its been since March with COVID that we have all come a long way and are blessed as we go into the Thanksgiving holiday.

16. Adjournment

Chairman Williams adjourned the meeting at 8:40 pm.

These minutes approved by motion and second at the January 19, 2021 meeting of the Powhatan County Board of Supervisors.

David T. Williams, Chairman Powhatan County Board of Supervisors

ATTEST:

Ned Smither, Clerk Powhatan County Board of Supervisors

Recorded Vote:

David T. Williams Larry J. Nordvig Michael W. Byerly Bill L. Cox Karin M. Carmack

Powhatan County Board of Supervisors Regular Meeting November 23, 2020

63 64

d Commissioner COMMISSIONER OF THE REVENUE James B. Timberlake, II 3834 Old Buckingham Rd. Ste. C

Powhatan, Virginia 23139 Deputies (804) 598-5616 Cherl L. Jessie Susan L. Blankenship Tina H. Durr Andrea H. Ross Latoya C. Turner Latasha C. Bouldin

Travis Delaney

December 4, 2020

Powhatan County Board of Supervisors 3834 Old Buckingham Rd. Powhatan, VA 23139

Board Members:

A disabled veteran has applied for tax relief as a 100% disabled veteran. His application was made October 30, 2020. He received his designation October 20, 2020 but his effective date of the determination was backdated to October 15, 2015. Due to a long appeal process, this resulted in a tax refund of $14,794.59. The abatement is over the $2,500 threshold set by State Code therefore the Board of Supervisors must authorize payment before the Treasurer can issue the refund.

I would appreciate it if you would direct Mrs. Faye Barton, the Treasurer of Powhatan, to issue a refund to the citizen for the amount referenced above.

Thank you for your consideration to this request. I am available to answer any questions on this matter.

Sincerely,

James B. Timberlake, II Commissioner of Revenue Powhatan, VA

65 66 RESOLUTION RENEWING THE EXISTENCE OF A LOCAL EMERGENCY

WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty-One declaring a state of emergency for the Commonwealth of Virginia arising from the novel Coronavirus (COVID-19) pandemic; and

WHEREAS, on March 13, 2020 the President of the United States declared a national emergency, beginning March 1, 2020, in response to the spread of COVID-19;

WHEREAS, on March 13, 2020, the county was experiencing the growing impact of the Coronavirus (COVID-19) world health crisis, and,

WHEREAS, due to this occurrence the County of Powhatan was in a state of extreme peril to the lives, health, safety, welfare, and property of the residents of Powhatan County, and,

WHEREAS, as a result of this extreme peril, a declaration of the existence of an emergency was necessary to permit the full powers of government to deal effectively with this condition of peril; and,

WHEREAS, in accordance with § 44-146.21 Code of Virginia and the County of Powhatan Emergency Operations Plan, adopted on January 27, 2020, a Local Emergency was declared to exist by Mr. Bret Schardein, Interim County Administrator – Director of Emergency Management, and Mr. Phil Warner, Fire Chief – Deputy Director of Emergency Management; and,

WHEREAS, pursuant to the declaration of a local emergency, the County’s Emergency Operations Plan was activated;

WHEREAS, on March 30, 2020 the Powhatan County Board of Supervisors confirmed the existence of a local emergency.

NOW, THEREFORE, BE IS RESOLVED, that a local emergency continues to exist and is confirmed by Powhatan County Board of Supervisors on this date.

ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON: January 25, 2021.

______Mr. David T. Williams, Chairman Powhatan County Board of Supervisors

ATTEST:

______, Clerk Ned Smithers, County Administrator Powhatan County Board of Supervisors

Recorded Vote: District 1 Supervisor David T. Williams vote ___ District 2 Supervisor Larry J. Nordvig vote ___ District 3 Supervisor Michael W. Byerly vote ___ District 4 Supervisor Bill L. Cox vote ___ District 5 Supervisor Karin M. Carmack vote ___

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: Resolutions R-2021-02 Appropriating the Third Quarter of the Fiscal Year 2021 Operating Budget

Motion: Move to approve Resolution R-2021-02

Dates Previously Considered by Board: N/A

Summary of Item: The Board of Supervisors (BOS) adopted the budget on June 29, 2020. The BOS approved on May 14, 2020 for the appropriation of the budget to be made on a quarterly basis. This appropriation is the third appropriation of the FY2021 Operating Budget.

These resolutions appropriate these funds.

Staff: __X__ Approve ____ Disapprove _____ See Comments

Commission/Board: _N/A_ Approve ____ Disapprove _____ See Comments

Comments: None

Budget/Fiscal Impact: Third quarter appropriation of the FY 2021 Operating Budget

Attachments: Resolution

Staff/Contact: Ned Smither, County Administrator, 804-598-5612, [email protected] Charla W. Schubert, Director of Finance, 804-598-5780, [email protected]

If Board members have questions, please call the staff / contact prior to the meeting. 69 R-2021-02

RESOLUTION R-2021-02

APPROPRIATING THE THIRD QUARTER OF THE OPERATING BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2020 AND ENDING JUNE 30, 2021 (FY 2021)

WHEREAS, the Powhatan County Board of Supervisors adopted the FY 2021 Operating Budget; and

WHEREAS, the Board of Supervisors approved for quarterly appropriations on May 14, 2020.

NOW, THEREFORE, BE IT RESOLVED that Powhatan County Board of Supervisors does hereby appropriate the second quarter of the FY 2021 Operating Budget:

Estimated Revenues General Fund Property Taxes 9,679,064 Other Taxes 1,419,625 Other Local Sources 327,626 State 1,576,877 Federal 11,424 Total General Fund 13,014,616

Remainder of page left blank intentionally

Page 1 70 R-2021-02

Estimated Revenues (Continued) Social Services Fund State 97,527 Federal 196,470 Transfer from General Fund 164,027 Total Social Services Fund 458,024 CSA Fund State 275,538 Transfer from General Fund 210,492 Total CSA Fund 486,030 Fire and Rescue Fund Other Local 139,550 State 32,269 Total Fire and Rescue Fund 171,819 Utilities Fund Other Local 101,863 Transfer from General Fund 230,359 Transfer from Utilities Capital Projects 41,500 Total Utilities Fund 373,722 Utilities Capital Projects Fund Other Local 41,500 Total Utilities Capital Projects Fund 41,500 School Operating Fund Other Local 113,788 State 5,912,660 Federal 331,311 Transfer from General Fund 5,789,687 Total School Operating Fund 12,147,446 School Food Service Fund Other Local 211,238 State 6,449 Federal 126,843 Transfer from School Operating 12,500 Total School Food Service Fund 357,030 Total - Estimated Revenues and Transfers 27,050,187 Less Interfund Transfers from Other Funds Social Services Fund 164,027 CSA Fund 210,492 Utilities Fund 230,359 Utilities Capital Projects Fund 41,500 Capital Projects Fund - School Operating Fund 5,789,687 School Food Service 12,500 Total Transfers from Other Funds 6,448,565 Total Estimated Revenues without Transfers 20,601,622 Page 2 71 R-2021-02

Expenditures General Fund Expenditures 6,620,051 Transfers to Other Funds 6,394,565 Total General Fund Expenditures & Transfers 13,014,616

Total Social Services Fund Expenditures 458,024 Total CSA Fund Expenditures 486,030 Total Fire and Rescue Fund Expenditures 171,819 Total Utilities Fund Expenditures 373,722 Total Utilities Capital Projects Fund Expenditures 41,500 Total Capital Projects Fund Expenditures - School Operating Fund Expenditures 12,134,946 Transfer to School Food Service Fund 12,500 Total School Fund Expenditures & Transfers 12,147,446

Total School Food Service Fund Expenditures 357,030

Total - Expenditures and Transfers 27,050,187

Less Inter-fund Transfers to Other Funds General Fund 6,394,565 Utilities Capital Projects 41,500 School Operating Fund 12,500 Total Transfers to Other Funds 6,448,565

Total Expenditures without Transfers 20,601,622

ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON JANUARY 19, 2021

David T. Williams, Chairman Powhatan County Board of Supervisors

Recorded Vote: ATTEST: David T. Williams Larry J. Nordvig Michael W. Byerly Ned Smither, Clerk Bill L. Cox Powhatan County Board of Supervisors Karin M. Carmck

Page 3 72

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: Resolution #R-2021-03: A Resolution Requesting State Road Acceptance by the Virginia Department of Transportation (VDOT) for Norwood Creek Road Extension

Motion: In accordance with public necessity, convenience, general welfare, and good planning practices, the Powhatan County Board of Supervisors (approves / denies / defers) Resolution #R-2021-03.

Dates Previously None Considered by Board:

Summary of Item: At the request of the developer, Powhatan County and VDOT have inspected and recommended approval of Norwood Creek Road Extension for state road acceptance. Attached is a draft resolution requesting VDOT to add the aforementioned street to the secondary system of state highways.

Staff: __X__ Approve ____ Disapprove _____ See Comments

Commission/Board: __X__ Approve ____ Disapprove _____ See Comments

Comments:

Budget/Fiscal Impact:

Attachments: VDOT Form AM-4.3

Staff/Contact: Andrew Pompei: Planning Director (804) 598-5621 x2006 [email protected]

If Board members have questions, please call the staff / contact prior to the meeting. 73 R-2021-03

A RESOLUTION REQUESTING STATE ROAD ACCEPTANCE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR NORWOOD CREEK ROAD EXTENSION

WHEREAS, the street described on the attached form(s), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Powhatan County; and

WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board of Supervisors that the street meets the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to add the street described on the attached form (Norwood Creek Road Extension), to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements;

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation.

ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON JANUARY 19, 2021.

David T. Williams, Chairman Powhatan County Board of Supervisors

ATTEST:

Ned Smither, Clerk Powhatan County Board of Supervisors

Recorded Vote: David T. Williams Larry J. Nordvig Michael W. Byerly Bill L. Cox Karin M. Carmack

74 In the County of Powhatan County ICR # 37339723 ------By resolution of the governing body adopted January 19, 2021

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body’s resolution for changes in the secondary system of state highways.

A Copy Testee Signed (County Official): ______Report of Changes in the Secondary System of State Highways ______Project/Subdivision 072 Norwood Creek Road Extension

Type Change to the Secondary System of State Highways: Addition

The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions Cited, are hereby requested; the right of way for which, including additional easements for cuts, fills and drainage, as Required, is hereby guaranteed:

Reason for Change: New subdivision street

Pursuant to Code of Virginia Statute: §33.2-705 ______Street Name and/or Route Number  Norwood Creek Road, State Route Number 1291

Old Route Number: 0 ------• From: Norwood Creek Drive, (Rt. 1293)

To: Temp Cul-de-Sac, a distance of 0.30 miles.

Recordation Reference: PC E, Slide 93-95

Right of Way width (feet) = 70

VDOT Form AM-4.3 (4/20/207) Maintenance Division

Date of Resolution: Page 1 of 1 75 Powhatan County, Virginia Legend County Boundary Parcels

Norwood Creek Drive

Norwood Creek Road

Street Acceptance: Norwood Creek Road Extension DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records,information, and data obtained from various sources, and Powhatan County is not responsible for its accuracy or how current it may be. 76

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: Resolution #R-2021-04: A Resolution Requesting State Road Acceptance by the Virginia Department of Transportation (VDOT) for the Streets within the Norwood Creek Subdivision (Section F)

Motion: In accordance with public necessity, convenience, general welfare, and good planning practices, the Powhatan County Board of Supervisors (approves / denies / defers) Resolution #R-2021-04.

Dates Previously None Considered by Board:

Summary of Item: At the request of the developer, Powhatan County and VDOT have inspected and recommended approval of the streets within the Norwood Creek subdivision (Section F) for state road acceptance. This includes all or part of Norwood Creek Road, Finneys Mill Road, and Finneys Mill Terrace. Attached is a draft resolution requesting VDOT to add the aforementioned streets to the secondary system of state highways.

Staff: __X__ Approve ____ Disapprove _____ See Comments

Commission/Board: __X__ Approve ____ Disapprove _____ See Comments

Comments:

Budget/Fiscal Impact:

Attachments: VDOT Form AM-4.3

Staff/Contact: Andrew Pompei: Planning Director (804) 598-5621 x2006 [email protected]

If Board members have questions, please call the staff / contact prior to the meeting. 77 R-2021-04

A RESOLUTION REQUESTING STATE ROAD ACCEPTANCE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR THE STREETS WITHIN THE NORWOOD CREEK SUBDIVISION (SECTION F)

WHEREAS, the street described on the attached form(s), fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Powhatan County; and

NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors requests the Virginia Department of Transportation to add the streets described on the attached form, which are located within the Norwood Creek subdivision (Section F), to the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements;

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation.

ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON JANUARY 19, 2021.

David T. Williams, Chairman Powhatan County Board of Supervisors

ATTEST:

Ned Smither, Clerk Powhatan County Board of Supervisors

Recorded Vote: David T. Williams Larry J. Nordvig Michael W. Byerly Bill L. Cox Karin M. Carmack

78 In the County of Powhatan County ICR # 37340599 ------By resolution of the governing body adopted January 19, 2021

The following VDOT Form AM-4.3 is hereby attached and incorporated as part of the governing body’s resolution for changes in the secondary system of state highways.

A Copy Testee Signed (County Official): ______Report of Changes in the Secondary System of State Highways ______Project/Subdivision 072 Norwood Creek Sec F

Type Change to the Secondary System of State Highways: Addition

Reason for Change: New subdivision street

Pursuant to Code of Virginia Statute: §33.2-705 ______Street Name and/or Route Number  Norwood Creek Road, State Route Number 1291

Old Route Number: 0 ------• From: Finneys Mill Road, (Rt. 1420)

To: 0.01m E of Finneys Mill Road, (Rt. 1420), a distance of 0.01 miles.

Recordation Reference: PC I, Slide 90

Right of Way width (feet) = 70

Street Name and/or Route Number  Norwood Creek Road, State Route Number 1291

Old Route Number: 0 ------• From: 0.30m E of Norwood Creek Drive, (Rt. 1293)

To: Finneys Mill Road, (Rt. 1420), a distance of 0.13 miles.

Recordation Reference: PC I, Slide 90

Right of Way width (feet) = 70

Street Name and/or Route Number  Finneys Mill Road, State Route Number 1420

Old Route Number: 0 ------• From: Norwood Creek Road, (Rt. 1291)

To: Finneys Mill Terrace, (Rt. 1421), a distance of 0.09 miles.

Recordation Reference: PC I, Slide 90

Right of Way width (feet) = 50

VDOT Form AM-4.3 (4/20/207) Maintenance Division

Date of Resolution: Page 1 of 2 79 ______

Street Name and/or Route Number  Finneys Mill Road, State Route Number 1420

Old Route Number: 0 ------• From: Finneys Mill Terrace, (Rt. 1421)

To: 0.01m NE of Finneys Mill Terrace, (Rt. 1421), a distance of 0.01 miles.

Recordation Reference: PC I, Slide 90

Right of Way width (feet) = 50

Street Name and/or Route Number  Finneys Mill Terrace, State Route Number 1421

Old Route Number: 0 ------• From: Finneys Mill Road, (Rt. 1420)

To: 0.01m E to EOM, a distance of 0.01 miles.

Recordation Reference: PC I, Slide 90

Right of Way width (feet) = 50

Street Name and/or Route Number  Finneys Mill Terrace, State Route Number 1421

Old Route Number: 0 ------• From: Finneys Mill Road, (Rt. 1420)

To: Cul-de-Sac, a distance of 0.15 miles.

Recordation Reference: PC I, Slide 90

Right of Way width (feet) = 50

VDOT Form AM-4.3 (4/20/207) Maintenance Division

Date of Resolution: Page 2 of 2

80 Powhatan County, Virginia Legend County Boundary Parcels

Finneys Mill Terrace

Norwood Creek Road

Finneys Mill Road

Street Acceptance: Norwood Creek (Section F) DISCLAIMER:This drawing is neither a legally recorded map nor a survey and is not intended to be used as such. The information displayed is a compilation of records,information, and data obtained from various sources, and Powhatan County is not responsible for its accuracy or how current it may be. 81 82 County of Powhatan Status of Bonded Projects As of December 31, 2020

2016 Bonded Projects:

Project Original Revised Interest Expenditures Budget Complete Name Budget Budget Earnings to Date Balance Date

New Middle School 35,127,120.00 34,900,995.52 ‐ 34,900,995.52 ‐ 5/2019 Village Water Tower 3,000,000.00 1,999,558.21 ‐ 1,999,558.21 ‐ 5/2019 Public Safety Radio System 9,325,000.00 10,785,535.08 (1,460,535.08) 4,949,449.54 5,836,085.54 ongoing CAD System 750,000.00 962,000.00 ‐ 885,484.99 76,515.01 ongoing Radio Towers 1,035,000.00 1,035,000.00 ‐ 9,310.00 1,025,690.00 ongoing Courthouse Expansion 2,700,000.00 3,923,000.00 ‐ 3,923,000.00 ‐ 12/2019 Field Improvements 710,000.00 709,876.47 ‐ 709,876.47 ‐ 12/2019 Joint Transportation Facility 4,156,000.00 4,609,656.39 ‐ 4,609,656.39 ‐ 9/2019

2018 Bonded Projects:

East Convenience Center 1,750,000.00 1,527,300.00 ‐ 20,700.00 1,506,600.00 ongoing Skaggs Rd Building Renovation 360,000.00 612,700.00 ‐ 484,453.88 128,246.12 ongoing Courthouse Expansion Parking 430,000.00 430,000.00 ‐ 22,374.66 407,625.34 ongoing PMS Repurpose 1,284,000.00 1,384,000.00 (93,262.00) 1,237,912.42 146,087.58 ongoing Athletic Field Improvements 1,258,000.00 1,258,000.00 ‐ 1,258,000.00 ‐ 11/2019 Elementary EPC Project* 2,945,000.00 3,445,000.00 ‐ 3,251,702.95 193,297.05 ongoing ERP Replacement 1,500,000.00 1,500,000.00 ‐ 268,588.60 1,231,411.40 ongoing Contingency 406,117.00 399,379.06 ‐ ‐ 399,379.06 ongoing

* Waiting on finalization of project, but there should be no additional costs

83 84

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: One Appointment to the Capital Region Workforce Partnership Chief Local Elected Officials Consortium (CLEO)

Motion: Move to appoint ______to the Capital Region Workforce Partnership Chief Local Elected Officials Consortium (CLEO) for a one-year term commencing January 19, 2021, and expiring December 31, 2021. Dates Previously Considered by Board: January 6 2020 Karin Carmack was appointed for a term expiring December 31 2020. Summary of Item: The Board of Supervisors appoints one of its members to represent the County’s elected officials. The term is one year, with no limitations on re-appointment.

The mission is to plan and execute workforce development strategies and services designed to bring workforce investment stakeholders together in the delivery of services and programs that will ensure a highly skilled workforce in the Capital Region, which includes the City of Richmond and the counties of Charles City, Chesterfield, Goochland, Hanover, Henrico, New Kent, and Powhatan.

Staff: _N/A_ Approve ____ Disapprove _____ See Comments

Planning _N/A_ Approve ____ Disapprove _____ See Comments Commission/Board:

County Administrator: _N/A_ Approve ____ Disapprove _____ See Comments

Comments: None

Budget/Fiscal Impact: None

Attachments: Matrix

Staff/Contact: Bret Schardein, Assistant County Administrator, (804) 598-3639, [email protected]

85 86

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: Two Appointments to the Central Virginia Transportation Authority Technical Advisory Committee (TAC)

Motion: Move to appoint Bret Schardein, Assistant County Administrator as primary member to the CVTA TAC and Andrew Pompei, Planning Director, as alternate member, for unexpiring terms commencing January 19, 2021. Dates Previously June 22, 2020 Considered by Board: Summary of Item: In 2020 the General Assembly through HB1541 which created the Central Virginia Transportation Authority (“CVTA”), which is made up of the PlanRVA localities, a member of the House of Delegates, one member of Senate and one member of the Commonwealth Transportation Board who reside in a county or city in the CVTA.

The CVTA shall be responsible for prioritizing and allocating reginal transportation funding sources to projects within the region.

The purpose of the CVTA Technical Advisory Committee is to serve as a technical advisory committee to the CVTA, providing technical review, comments and recommendations on specific transportation plans, programs, studies and other appropriate documents and regional transportation issues. The Technical Advisory Committee typically consists of staff subject matter experts and shall address other matters and concerns if directed by the CVTA.

Staff: _N/A_ Approve ____ Disapprove _____ See Comments

Planning _N/A_ Approve ____ Disapprove _____ See Comments Commission/Board:

Comments: None

Budget/Fiscal Impact: None

Attachments: None Bret Schardein, Assistant County Administrator, (804) 598-3639, Staff/Contact: [email protected]

87 88

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: One Appointment of an alternate member of the Board of Supervisors to serve on the PlanRVA Commission.

Motion: Move to appoint ______as alternate to the PlanRVA Commission for a term commencing January 19, 2021 and expiring December 31, 2023. Dates Previously Considered by Board: January 6 2020 Mike Byerly and Larry Nordvig were appointed as the primary members for terms expiring December 31 2023. Summary of Item: The commission is composed of representatives who are appointed by the Board of Supervisors (two (2) Board members, one (1) alternate Board Member, and one (1) representative from the Planning Commission

The terms of office of commission members who are also members of governing bodies shall be coincident with their elected terms of office. The terms of office of commission members who are also members of the local planning commission shall be coincident with their appointed terms of office as members of such planning commissions. The terms of alternate members shall be coincident with the elected terms of office of their designated member of the governing body.

PlanRVA is a regional planning agency with major emphasis in the areas of transportation, water resources and solid waste planning, local technical assistance and information services including demographic, economic and geographic information systems. The Planning District is comprised of elected officials and citizens who address mutual problems and find solutions for the local governments which benefit from intergovernmental cooperation.

Staff: _N/A_ Approve ____ Disapprove _____ See Comments

Planning _N/A_ Approve ____ Disapprove _____ See Comments Commission/Board:

County Administrator: _N/A_ Approve ____ Disapprove _____ See Comments

Comments: None

Budget/Fiscal Impact: None

Attachments: None Bret Schardein, Assistant County Administrator, (804) 598-3639, Staff/Contact: [email protected]

89 90

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: Two Appointments to the Powhatan Community Action Agency Advisory Board (one BoS member and one staff member)

Motion: Move to appoint ______as the BoS member for a term commencing January 19, 2021 and expiring December 31, 2023 and ______as a staff member for a term commencing January 19, 2021 and expiring January 19, 2025 Dates Previously N/A Considered by Board: Summary of Item: The goal of the PCAAAB is to address the need for community involvement and provide information regarding the needs of the community. These are citizens who fall within low-income HUD and Federal Poverty Guidelines. The PCAAAB will provide new ideas, evaluate ideas, and make suggestions that will make programs available and effective to low income citizens. Members duties and responsibilities include attendance at regularly scheduled meetings, special meetings and advocating for the needs of the low-income population. The PCAAAB will work with other Agencies in the county to help solve the problems of the low-income residents. Board and staff members may serve up to two four-year terms.

Staff: _N/A_ Approve ____ Disapprove _____ See Comments

Planning _N/A_ Approve ____ Disapprove _____ See Comments Commission/Board:

Comments: None

Budget/Fiscal Impact: None

Attachments: None Bret Schardein, Assistant County Administrator, (804) 598-3639, Staff/Contact: [email protected]

91 92

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: Two Appointments to the Richmond Area Transportation Planning Organization Technical Advisory Committee (TAC)

Motion: Move to appoint Bret Schardein, Assistant County Administrator as primary member to the TAC and Andrew Pompei, Planning Director, as alternate member, for unexpiring terms commencing January 19, 2021. Dates Previously June 25, 2018 Considered by Board: August 24, 2020

Summary of Item: The purpose of the TPO Technical Advisory Committee is to serve as a technical advisory committee to the TPO, providing technical review, comments and recommendations on specific transportation plans, programs, studies and other appropriate documents and regional transportation issues. The Technical Advisory Committee typically consists of staff subject matter experts and shall address other matters and concerns if directed by the TPO or TPO Chairman.

Staff: _N/A_ Approve ____ Disapprove _____ See Comments

Planning _N/A_ Approve ____ Disapprove _____ See Comments Commission/Board:

County Administrator: _N/A_ Approve ____ Disapprove _____ See Comments

Comments: None

Budget/Fiscal Impact: None

Attachments: None Bret Schardein, Assistant County Administrator, (804) 598-3639, Staff/Contact: [email protected]

93 94

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: Four Appointments to the Powhatan County Agricultural and Forestal Districts Advisory Committee. These vacancies require two members be Producers and two be Landowners. Two vacancies recently expired on December 31, 2020 and two have been vacant for some time. Motion: Move to recommend appointment of the following to the Powhatan County Agricultural and Forestal District Advisory Committee for a term commencing January 19, 2021, and expiring December 31, 2023.

______Producer ______Producer ______Landowner ______Landowner

Staff has received four applications (two current members seeking re-appointment and two new members). Dates Previously N/A Considered by Board: Summary of Item: The Agricultural and Forestal District Advisory Committee (AFDAC) shall render expert advice as to the nature of farming and forestry and agricultural and forestal resources within the district and their relation to the entire locality. The AFDAC’s mission reflects the policy of the Commonwealth of Virginia to conserve and protect and to encourage the development and improvement of agricultural and forestal lands to produce food and other agricultural and forestal practices.

Staff: _N/A_ Approve ____ Disapprove _____ See Comments

Planning _N/A_ Approve ____ Disapprove _____ See Comments Commission/Board:

County Administrator: _N/A_ Approve ____ Disapprove _____ See Comments

Comments: None

Budget/Fiscal Impact: None

Attachments: Applications received as of 1/14/2021 Bret Schardein, Assistant County Administrator, (804) 598-3639, Staff/Contact: [email protected]

95 96 97 98 99 100

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: One citizen appointments to the Powhatan County Audit Committee

Motion: Move to recommend appointment of ______,to the Powhatan County Audit Committee for a one-year term commencing January 19, 2021, and expiring on December 31, 2021. Dates Previously N/A Considered by Board: Summary of Item: The Audit Committee is comprised of two (2) Powhatan County Board of Supervisors members, two (2) Powhatan County School Board members, and one (1) citizen at large.

Citizens members of the Audit Committee are appointed for unlimited one-year terms. The terms of office of commission members who are also members of governing bodies shall be coincident with their elected terms of office.

As of the publication of this report staff has received no applications.

Staff: _N/A_ Approve ____ Disapprove _____ See Comments

Planning _N/A_ Approve ____ Disapprove _____ See Comments Commission/Board:

County Administrator: _N/A_ Approve ____ Disapprove _____ See Comments

Comments: None

Budget/Fiscal Impact: None

Attachments: None Bret Schardein, Assistant County Administrator, (804) 598-3639, Staff/Contact: [email protected]

101 102

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: Three Recommendations for Appointments to the Powhatan County Board of Equalization Motion: Move to recommend the Circuit Court appointment of ______from District 1, ______from District 3, and ______from District 5 to the Powhatan County Board of Equalization for three-year terms commencing January 19, 2021, and expiring January 19, 2024. Dates Previously N/A Considered by Board: Summary of Item: Board of Equalization hearings are for the purpose of equalizing real estate assessments in such county or city and for the purpose of hearing complaints of inequalities wherein the property owners allege a lack of uniformity in assessment, or errors in acreage in such real estate assessments. The board also shall hear complaints that real property is assessed at more than fair market value.

As of the publication of this report, staff has received one application, from the current District 5 member.

Staff: _N/A_ Approve ____ Disapprove _____ See Comments

Planning _N/A_ Approve ____ Disapprove _____ See Comments Commission/Board:

Comments: None

Budget/Fiscal Impact: None

Attachments: None Bret Schardein, Assistant County Administrator, (804) 598-3639, Staff/Contact: [email protected]

103 COUNTY OF POWHATAN, VIRGINIA APPLICATION FOR

All appointments to County Boards and Commissions are made by the Board of Supervisors. Please complete this application in its entirety.

Print and return the application (by mail or in-person) to Powhatan County Administration, 3834 Old Buckingham Road, Suite A, Powhatan, VA 23139, or by e-mail toadministration owhatanva. ov For additional information regarding this application, contact Chase Sawyer at (804)598-3719.

DISTRICT: CURRENT DATE: Dec 7, 2020

NAME: EMAIL ADDRESS:

ADDRESS: DAY PHONE:

CITY/ST/ZIP EVENING PHONE:

please indicate which board/committee you are interested in being appointed to and complete the information below. A separate application must be submitted for each board/committee that you are interested in serving on. Additional and continued information can be included on an additional page.

BOARD/COMMITTEE Board of Equalization

EDUCATION 8. S. in Physics, Virginia State College, Petersburg, VA M. S. in Physics, The American University, Washington, DC Ph. D. in Physics, The American University, Washington, DC

EMPLOYMENT Professor Emeritus, Department of Physics and Astronomy -Howard University, Washington, DC AND/OR VOLUNTEER WORK EXPERIENCE

Retired -Professor and Research Scientist (NASA Contractor) INVOLVEMENT President -Belmead on the James, lnc.; Board Member -Free clinic of powhatan Member - Richmond Astronomical Society; Member -James River Master Naturalists Member -Virg n a Academy of Science SPECIAL SKILLS STEM Educator (please note any skills such as bilingual, Excellent Computer & Computational Skills multiculturalinteraction, youth outreach, etc.)

Signature 104

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: Two Appointments to the Richmond Area Transportation Planning Organization Community Technical Advisory Committee (CTAC), as one primary and one alternate. Motion: Move to appoint ______as the primary member and ______as the alternate member to the Richmond Area Transportation Planning Organization Community Technical Advisory Committee (CTAC) to terms commending January 19, 2021 and ending January 19, 2025. Dates Previously N/A Considered by Board: Summary of Item: The CTAC advises the TPO on plans, studies, issues and other matters related to the planning of public transportation services. Terms may be up to four years, with no term limit.

As of the publication of this report staff has received no applications.

Staff: _N/A_ Approve ____ Disapprove _____ See Comments

Planning _N/A_ Approve ____ Disapprove _____ See Comments Commission/Board:

Comments: None

Budget/Fiscal Impact: None

Attachments: None Bret Schardein, Assistant County Administrator, (804) 598-3639, Staff/Contact: [email protected]

105 106

Powhatan County Board of Supervisors

Agenda Item Meeting Date: January 19, 2021

Agenda Item Title: Quarterly Financial Report as of December 31, 2020

Motion: Informational Item Only, No Action Required

Dates Previously Presented quarterly Considered by Board:

Summary of Item: In continued efforts for transparency and open government, the Department of Finance will provide the Board of Supervisors and post on the County web site quarterly budget-to-actual reports.

The report for December 31, 2020 is attached.

Staff: __N/A__ Approve ____ Disapprove _____ See Comments

Commission/Board: _N/A_ Approve ____ Disapprove _____ See Comments

Comments: None

Budget/Fiscal Impact: None

Attachments: Quarterly financial report as of December 31, 2020

Staff/Contact: Charla W. Schubert, Director of Finance, 804-598-5780; [email protected]

107 Powhatan County Revenue Summary 0% remaining in the fiscal year for first half appropriations As of December 31, 2020

FY 2021 Amount % Bench- FY 2021 YTD Collected over mark FY 2021 Appropriated/ Collected over (under) (under) % Adopted Amended 12.31.20 Budget Budget remaining Comments General Fund Real Estate Property Taxes$ 33,261,541 $ 18,520,720 $ 18,218,386 $ (302,334) -2% Personal Property Taxes 8,428,516 4,214,258 4,581,573 367,315 9% Penalties & Interest 525,000 262,500 215,667 (46,833) -18% Property Taxes 42,215,057 22,997,478 23,015,626 18,148 0% 0% Local Sales Tax 3,177,000 1,588,500 1,433,001 (155,499) -10% Only 4 months collected so far All Other 2,501,500 1,250,750 767,413 (483,337) -39% Other Local Taxes 5,678,500 2,839,250 2,200,414 (638,836) -23% 33% MV License due 6.5.21 Planning & Zoning Fees 269,526 134,763 203,221 68,458 51% Building Permits 451,250 225,625 285,487 59,862 27% All Other 13,300 6,650 4,365 (2,285) -34% Permits, Fees, Licenses 734,076 367,038 493,073 126,035 34% varies based on activity Fines and Forfeiture 134,900 67,450 50,008 (17,442) -26% Use of Money& Property 179,975 89,988 90,245 257 0% Charges for Services 166,151 91,334 86,572 (4,762) -5% Other 95,400 63,887 82,839 18,952 30% PPTRA 3,022,470 1,511,235 2,417,977 906,742 60% All Other 987,150 493,575 288,833 (204,742) -41% State Non-Categorical 4,009,620 2,004,810 2,706,810 702,000 35%

State Shared Expenses 2,077,201 1,038,600 814,092 (224,508) -22% 17% Registrar is reimbursed at year end State Categorical Aid 220,687 115,979 116,517 538 0% Federal 96,938 524,380 169,258 (355,122) -68% reimbursed based on expd Transfers - - 40,291 40,291 Bond Proceeds - - 20,510 20,510 Use of Fund Balance - 244,716 - - Total General Fund 55,608,505 30,444,910 29,886,255 (313,939) -1%

1/11/2021 108 Powhatan County Revenue Summary 0% remaining in the fiscal year for first half appropriations As of December 31, 2020

FY 2021 Amount % Bench- FY 2021 YTD Collected over mark FY 2021 Appropriated/ Collected over (under) (under) % Adopted Amended 12.31.20 Budget Budget remaining Comments Social Services 1,832,094 916,047 572,109 (343,938) -38% transfer from GF has not been made CSA 1,944,120 972,060 12,942 (959,118) -99% transfer from GF has not been made PEG fund - - 16,762 16,762 Tourism - - 9,623 9,623 Fire Rescue 687,275 343,638 322,776 (20,862) -6% 33%

Capital Projects - 377,925 303,925 (74,000) -20% Utilities 2,589,044 1,675,763 234,864 (1,440,899) -86% GF transfer not made Utilities Capital Projects 166,000 83,000 117,450 34,450 42% Total Other Funds 7,218,533 4,368,433 1,590,451 (2,777,982) -64%

Total County 62,827,038 34,813,343 31,476,706 (3,091,921) -9% School Operating 48,589,785 25,274,524 12,080,684 (13,193,840) -52% transfer from GF has not been made School started 8.24.20/ school transfer not School Food Service 1,428,121 714,061 408,102 (305,959) -43% 75.00% made Total School 50,017,906 25,988,585 12,488,786 (13,499,799) -52% Total Revenue and Transfers 112,844,944 60,801,928 43,965,492 (16,591,720) -27% Less Transfers (26,888,417) (14,068,450) (284,364) 13,784,086 -98% Total Revenue less Transfers 85,956,527 46,733,478 43,681,128 (2,807,634) -6%

1/11/2021 109 Powhatan County Expenditure Summary 0% remaining in the fiscal year for first half appropriations As of December 31, 2020 FY 2021 FY 2021 YTD Amount of FY 2021 Appropriated/ Spent Budget % Adopted Amended 12.31.20 Remaining Remaining Comments Administration Board of Supervisors$ 80,394 $ 40,197 $ 42,208 $ (2,011) -5% County Attorney 122,150 60,775 50,252 10,523 17% County Administrator 324,834 162,417 122,398 40,019 25% Human Resources 235,070 117,535 111,701 5,834 5% Finance 429,461 241,980 239,413 2,567 1% Information Technology 521,646 260,823 273,773 (12,950) -5% Commissioner of Revenue 531,538 265,769 267,685 (1,916) -1% payout for retired employee Reassessment 104,000 52,000 10,421 41,579 80% majority of contract paid Tax Relief for the Elderly 410,000 205,000 - 205,000 100% recorded at year end Treasurer 631,154 315,577 314,698 879 0% Electoral Board/Registrar 323,529 236,243 222,630 13,613 6% insurance paid in July, worker's Risk Management 183,104 183,104 201,988 (18,884) -10% comp audit increased cost Subtotal 3,896,880 2,141,420 1,857,167 284,253 13% Judicial Circuit Court 17,120 8,560 3,124 5,436 64% General District Court 17,000 8,500 5,825 2,675 31% Clerk of the Circuit Court 467,938 243,944 247,176 (3,232) -1% Commonwealth's Attorney 506,013 253,006 254,823 (1,817) -1% Juvenile Court Services 22,049 11,025 8,180 2,845 26% Detention 871,864 435,932 324,117 111,815 26% Subtotal 1,901,984 960,967 843,245 117,722 12%

1/11/2021 110 Powhatan County Expenditure Summary 0% remaining in the fiscal year for first half appropriations As of December 31, 2020 FY 2021 FY 2021 YTD Amount of FY 2021 Appropriated/ Spent Budget % Adopted Amended 12.31.20 Remaining Remaining Comments Public Safety Sheriff's Office 3,987,424 2,029,808 1,947,481 82,327 4% E911 Dispatch 1,422,024 711,012 720,674 (9,662) -1% Victim Witness Grant 86,587 43,293 39,511 3,782 9% Animal Control 355,432 178,642 176,896 1,746 1% Medical Examiner 2,000 1,000 600 400 40% Fire & Rescue 2,356,838 1,246,521 1,136,755 109,766 9% Emergency Management 55,491 27,745 24,704 3,041 11% Subtotal 8,265,796 4,238,021 4,046,621 191,400 5% Public Works rent was for only 6 months and al Administration 419,917 209,958 213,323 (3,365) -2% has been paid Facilities 794,743 397,371 336,717 60,654 15% Grounds/Parks 356,166 178,083 153,444 24,639 14% Athletic Fields 171,000 85,500 46,508 38,992 46% Company 1 Fire Station 43,930 21,965 16,315 5,650 26% Huguenot Public Safety Building 70,200 35,100 33,711 1,389 4% Convenience Center 705,519 352,760 337,600 15,160 4% Subtotal 2,561,475 1,280,737 1,137,618 143,119 11% Health and Welfare Health Department 232,666 116,333 108,820 7,513 6% Free Clinic Nurse - - 253 (253) -100% CSB 301,860 150,930 148,669 2,261 1% Social Services Board 5,160 2,580 538 2,042 79% PCAA 51,242 447,260 148,832 298,428 67% Subtotal 590,928 717,103 407,112 309,991 43%

1/11/2021 111 Powhatan County Expenditure Summary 0% remaining in the fiscal year for first half appropriations As of December 31, 2020 FY 2021 FY 2021 YTD Amount of FY 2021 Appropriated/ Spent Budget % Adopted Amended 12.31.20 Remaining Remaining Comments Community Development Economic Development 272,465 136,232 118,680 17,552 13% Planning and Zoning 504,970 252,485 231,320 21,165 8% Building Inspections 406,747 203,374 201,483 1,891 1% Code Enforcement 15,000 7,500 - 7,500 100% GIS 118,971 59,486 51,303 8,183 14% Recreation 117,139 58,570 51,413 7,157 12% Subtotal 1,435,292 717,647 654,199 63,448 9% Cultural / Other Library 501,267 256,269 217,229 39,040 15% Extension Service 83,149 41,575 20,539 21,036 51% Memberships/Joint Services 160,875 160,875 124,731 36,144 22% most are paid in July Contributions 42,843 42,843 39,803 3,040 7% most are paid in July Debt Service 9,086,265 5,722,337 5,934,824 (212,487) -4% majority of debt service paid Contingency Fund 409,334 204,667 - 204,667 100% Subtotal 10,283,733 6,428,566 6,337,126 91,440 1% Total expenditures 28,936,088 16,484,461 15,283,088 1,201,373 7% Total Transfers 26,672,417 13,960,449 243,000 13,717,449 98% Total General Fund 55,608,505 30,444,910 15,526,088 14,918,822 49%

1/11/2021 112 Powhatan County Expenditure Summary 0% remaining in the fiscal year for first half appropriations As of December 31, 2020 FY 2021 FY 2021 YTD Amount of FY 2021 Appropriated/ Spent Budget % Adopted Amended 12.31.20 Remaining Remaining Comments Other Funds Social Services 1,832,094 916,047 813,014 103,033 11% CSA - - - - 100% PEG fund 1,944,120 972,060 542,225 429,835 44% Fire Rescue 687,275 343,638 249,984 93,654 27% Capital Projects - 16,320,541 4,189,152 12,131,389 74% Utilities Capital Projects 166,000 469,739 77,752 391,987 83% Utilities 2,589,044 1,675,763 1,479,771 195,992 12% debt service paid Total Other Funds 7,218,533 20,697,788 7,351,898 13,345,890 64% Total County 62,827,038 51,142,698 22,877,986 28,264,712 55% School Operating 48,589,785 25,274,524 16,559,884 8,714,640 34% School Food Service 1,428,121 714,061 421,518 292,543 41% Total School 50,017,906 25,988,585 16,981,402 9,007,183 35%

Total Expenditures and Transfers 112,844,944 77,131,283 39,859,388 37,271,895 48%

Less Transfers (26,888,417) (14,068,449) (243,000) (13,825,449) 98%

Total Expenditures Less Transfers 85,956,527 63,062,834 39,616,388 23,446,446 37%

1/11/2021 113 114 POWHATAN COUNTY RESOLUTION R-2021-05

AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A TWENTY YEAR LEASE WITH THE FREE CLINIC OF POWHATAN

WHEREAS, Powhatan County and the Free Clinic of Powhatan have executed a Letter of Intent dated May 6, 2019 whereby both parties agreed to enter into a lease agreement for 3200 square feet of office space located at 2320 Skaggs Rd, Powhatan Virginia; and

WHEREAS, the Free Clinic has invested approximately $500,000 in capital improvements to the building in 2020; and

WHEREAS, a public hearing was held on Monday, January 19, 2021 pursuant to the provisions of Section 15.2-2506 of the Code of Virginia; and

WHEREAS, Powhatan County and the Free clinic have drafted and agreed upon the terms of the lease.

NOW, THEREFORE, BE IT RESOLVED that Powhatan County Board of Supervisors does hereby authorize the County Administrator to execute a lease agreement with the Free Clinic of Powhatan upon review and approval by the County Attorney.

ADOPTED BY THE POWHATAN COUNTY BOARD OF SUPERVISORS ON JANUARY 19, 2021. ______David T. Williams, Chairman Powhatan County Board of Supervisors

ATTEST:

______Ned Smither, County Administrator Powhatan County Board of Supervisors

Recorded Vote: David T. Williams Larry J. Nordvig Michael W. Byerly Bill L. Cox Karin M. Carmack

Page 1 R-2021-05 115 LEASE AGREEMENT

In accordance with the Letter of Intent between THE COUNTY OF POWHATAN and THE Free Clinic of Powhatan dated May 6, 2019 (Exhibit “A”) regarding the Skaggs Road office building located at 2320 Skaggs Rd in Powhatan Virginia, of which this LEASE is a requirement, this LEASE, dated as of the day of 2021, by and between The County of Powhatan (hereinafter called Landlord) and The Free Clinic (hereinafter called Tenant) provides as follows;

1. Leased Premises: Upon the terms, provisions and conditions hereof, and each in consideration of the duties, covenants and obligations of the other hereunder, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises (Leased Premises) consisting of approximately 3,200 sf of the Skaggs Road office located at 2320 Skaggs Rd, the location of which is more particularly shown on the drawing attached as Exhibit "B" hereto. This lease shall also include six parking places in the front of the building as outlined in the Letter of Intent.

2. Term: (a) Subject to the terms, provisions and conditions hereof, this lease shall continue in force for a term ("Term") of twenty (20) years, beginning the 1st day of February 2021, and ending on the 31st day of January 2041. If the leased premises are not ready for occupancy by such commencement date for any reason, Landlord shall not be liable for any claims, damages, or liabilities in connection therewith or by reason thereof, and the term shall commence on the date the leased premises are ready for occupancy by Tenant. Should the term commence on a date other than that specified above, Landlord and Tenant will, at the request of either, execute a declaration specifying the actual commencement date. The stated term shall thereupon commence and the expiration date shall be extended so as to give the effect to the full term stated above. (b) Option to extend lease term. Tenant can elect to extend the term of the lease past the twenty (20) years by providing, in writing, a request to extend the lease term for an additional five (5) years with the same terms and conditions contained in this lease. Lease term can be extended three times (fifteen additional years). The request to extend the lease term must be received sixty (60) days before the term is set to terminate.

(c) Early termination of Lease. In the event Landlord wishes to terminate the lease prior to the end of the 20 (twenty) year lease term, Landlord shall provide a minimum of one year advance notice of the date that the property will be vacated AND shall reimburse Tenant for all improvements made to the building in order to initially occupy the building.

3. Use: The leased premises shall be used and occupied by the Tenant for operation of medical and dental services and shall operate as a 501(c)(3) nonprofit and shall not use the leased facilities for profit. Notwithstanding the forgoing, Tenant agrees that so long as it leases the leased premises, it will not use the leased premises for any activity which could be construed as a use of the leased premises either directly or indirectly (i) in any trade or business other than a government unit as provided in Section 141 (b) of the Internal Revenue Code of 1986, as amended (the "Code"), or (ii) to make or finance a loan to any person other than a governmental unit as provided in Section 141 (c) of the Code. In addition, Tenant further covenants and agrees that no part of the Leased Premises shall be used by it for any of the following purposes or activities: facility used primarily for gambling, store the principal business of which is the sale of alcoholic beverages for consumption off premises, private or commercial golf course, country club, massage parlor, suntan facility, racetrack, bank, savings and loan institution or mortgage

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116 loan company, or single or multi-family residence (including residential rental property for family units, as described in Section 145(d) of the Code). 4. Rent. (a) In exchange for capital investment into the premises, Tenant shall pay a one-time lease payment of $10 to cover the first 20 year term. Rent shall not include any operational costs which the Tenant will pay as defined in item 5 below.

5. Tenant's Share of Basic Operating Costs.

(a) Tenant's Share (hereinafter defined) of the Basic Operating Costs (hereinafter defined) for the Building is payable by Tenant on a monthly basis.

(b) Power. Landlord shall provide Tenant with power at no cost to the Tenant provided the Tenant makes every effort to conserve power. In the event the power consumption by the Tenant far exceeds acceptable consumption rates (based on historical data) the Tenant may be required to pay a portion of the charges as mutually agreed by both Landlord and Tenant.

(c) Water. Landlord shall provide Tenant water service at no cost to the Tenant. Domestic water supply for the premises is provided by Aqua Virginia.

(d) Sewer. Sewer is provided by the Landlord. Sewer service consists of a septic tank and drain fields, which have been upgraded for the Tenants adapted use. Tenants side of the building has a sanitary sewer pump station of which all maintenance and repairs shall be the responsibility of the Tenant. Power to operate the pump station shall be the responsibility of the Landlord.

(e) Cleaning and Trash Landlord shall provide basic cleaning (janitorial) which shall consist of trash removal, bathroom and sink cleaning, vacuuming and dusting. Tenant shall be responsible for any hazardous waste disposal, additional cleaning required for sanitation and all paper products (bathroom tissue, paper towel etc.). All consumables for building maintenance (i.e. paper products, light bulbs, filters, etc.) shall be the responsibility of the Tenant. Tenant shall maintain the Leased Premises in a clean, attractive condition, and not commit or allow any waste or damage to be committed on or to any portion of the Leased Premises.

6. Access to building; Tenant and Tenant's employees, agents, suppliers, contractors and workmen shall be provided access by the Tenant. Tenant shall have full responsibility for security of the leased portion of the building. Any entry into the Leased Premises shall be at Tenant's risk and Landlord shall not be liable in any way for any personal injury, death or property damage which may be suffered in or about the Leased Premises or the Building by Tenant or its employees, agents, suppliers, contractors and workmen, and Tenant agrees to protect, defend, indemnify and save harmless Landlord from all liabilities, costs, damages, fees and expenses arising out of the activities of Tenant or its employees, agents, contractors, suppliers or workmen in or about the Leased Premises or Building to the fullest extend allowable by

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117 law. Landlord will be provided access for emergency and maintenance issues only and shall provide Tenant as much notice as possible of any maintenance or emergency work that is required.

7. Improvements to be made by Landlord. Landlord shall make those improvements to the Leased Premises in accordance with the Letter of Intent and shall include power upgrades, septic tank and drain fields, roof, exterior painting and any other whole building envelope upgrades outlined in the letter of intent.

8. Improvements to be made by Tenant. Tenant shall make those improvements to the Leased Premises in accordance with the plans and the construction costs previously agreed upon by Landlord and Tenant.

9. Parking. Tenant shall have rights of use of the parking area as outlined in the Letter of Intent and further specified as;

There are currently 21 parking spaces in front of the building. During regular business hours the County will reserve 15 of the spaces and the Free Clinic will be assigned 6 spaces. Additional Free Clinic parking required during regular business hours will be provided by a mutual agreement (MOA) with May Memorial Church immediately adjacent to the Skaggs Rd building. Outside of regular business hours, the County will only require 5 spaces for parking of overnight vehicles. The Free Clinic will have access to the 16 available spaces after hours.

10. Assignment or Sublease. Should Tenant desire to assign this Lease or sublet the Leased Premises or any part thereof, Tenant shall give Landlord written notice of such desire at least (60) days in advance of the date on which Tenant desires to make such assignment or sublease. Landlord shall have a period of thirty (30) days following receipt of such notice within which to notify Tenant in writing that Landlord elects either; (a) To terminate this Lease as to the space so affected as of the date specified by Tenant, in which event Tenant will be relieved of all further obligations hereunder as to such space, or

(b) To permit Tenant to assign this Lease or sublet such space, subject, however, to subsequent written approval of the proposed assignee or sublease by Landlord, which approval shall not be unreasonable withheld if; (i) The proposed assignee or sublessee is engaged in a business which is in keeping with the then standards of the Building. (ii) The proposed assignee or sublessee is a respectable party of substantial financial worth comparable to that of Tenant and Tenant shall have provided Landlord with proof thereof; iii) Tenant shall remain primarily liable under this Lease; iv) The occupancy by the proposed assignee or sublessee will not create unreasonable loading or otherwise interfere with standard building operations.

11. Compliance with Laws and Usage, Liens. Notwithstanding any Virginia law to the contrary, Tenant, at its sole cost, shall comply with all Federal, State, Municipal and other laws and ordinances, and the Building Rules and Regulations applicable to the Leased Premises and the business conducted therein by Tenant; will not engage in any activity which would cause fire and extended coverage insurance for the Building to be unavailable, cancelled, more difficult to be obtained, or rate therefor to be increased (or, at Landlord's option, will pay any

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118 such increase); will not commit any act which is a nuisance or annoyance to Landlord or to other tenants or which might, in the exclusive judgement of Landlord, appreciably damage Landlord's goodwill or reputation, or tend to injure or depreciate the Building; and will not commit or permit waste in the Leased Premises or Building. Tenant has no authority to encumber the Building or Leased Premises with any lien, and Tenant shall not suffer or permit any such lien to exist. Should any such lien hereafter be filed, Tenant shall promptly discharge the same at its sole cost.

12. Access by Landlord. Tenant shall permit Landlord or its agents or representatives to enter into and upon any part of the Leased Premises at all reasonable hours to inspect same; to clean; to make repairs, alterations or additions thereto, as Landlord may deem necessary or desirable; to show the Leased Premises to prospective purchasers or tenants; or for any other purpose deemed reasonable by Landlord. Landlord shall have priority use of facilities as outlined in the Memorandum of Understanding dated June 11, 2019. (Exhibit “A”)

13. Assignment of Landlord. Landlord shall have the right to transfer and assign, in whole or in part, all its rights and obligations hereunder and in the Building and property referred to herein, and upon any such transfer or assignment, no further liability or obligation shall thereafter accrue against Landlord hereunder. Tenant shall be given first right of refusal to the rights of ownership of the facilities if Landlord wishes to negate their ownership and the rights thereof.

14. Limitation of Landlord's Liability. Tenant specifically agrees to look solely to Landlord's interest in the Building for the recovery of any judgement against Landlord, it being agreed that Landlord shall never be personally liable for any such judgement. The provision contained in the foregoing sentence shall not limit any right that Tenant might otherwise have to obtain injunctive relief against Landlord, or any other action not involving the liability of Landlord to respond in monetary damages from assets other than Landlord's interest in the Building.

15. Control of Common Areas by Landlord. All automobile parking areas, driveways, entrances and exits thereto, and other facilities furnished by Landlord including all parking areas, truck way or ways, loading areas, pedestrian walkways, ramps, landscaped areas, stairways and other areas and improvements provided by Landlord for general use, in common, of tenants, their officers, agents, employers, invitees, licensees, visitors and customers shall be at all times subject to the exclusive control and management of Landlord, and Landlord shall have the right from time to time to establish, modify and enforce reasonable rules and regulations with respect to all facilities and areas mentioned in the Section. Tenant will be permitted to enforce and abide by the “Building Rules and Regulations” (Exhibit “C”) as they see fit.

16. Default of Tenant. (a) Each of the following occurrences relative to Tenant shall constitute an "Event of Default"; (i)Abandonment or vacating of the Leased Premises or any significant portion thereof; or

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119 (ii)Failure of Tenant in the performance or compliance with any of the agreements, terms, covenants or conditions provided in the Lease, other than those referred to in (i), (ii), or (iii) above, for a period of fifteen (15) business days after notice from Landlord to Tenant specifying the items in default; or

(ii) Failure to peacefully surrender the Leased Premises on expiration or termination of this Lease; or

(iii) The occurrence of any other event herein provided to be an Event of Default

(b) This Lease and the Term and estate hereby made are subject to the limitations that if and whenever any Event of Default shall occur, Landlord may, at its option and without further written notice to Tenant, in addition to all other remedies given hereunder or by law or equity, do any one or more of the following:

(i) Terminate this Lease, in which event Tenant shall immediately surrender possession of the Leased Premises to Landlord;

(ii) Enter upon and take possession of the Leased Premises and expel or remove Tenant and any other occupant therefrom with or without having terminated the Lease;

(iii) Alter locks and other security devices at the Leased Premises

(iv) Exercise by Landlord of any one of more remedies shall not constitute an acceptance of surrender of the Leased Premises by Tenant, whether by agreement or by operation of law, it being understood that such surrender can be effected only by the written agreement of Landlord and Tenant.

23. Default by Landlord. In the event of any default by Landlord hereunder, Tenant's exclusive remedy shall be an action for damages, but prior to any such action Tenant will give Landlord written notice specifying such default with particularity, and Landlord shall hereupon have fifteen (15) business days (plus such additional reasonable period as may be required in the exercise by Landlord of due diligence) in which to secure any such default. Unless and until Landlord fails to so cure any default after such notice, Tenant shall not have any remedy or cause of action by reason thereof. All obligations of Landlord hereunder will be construed as covenants, not conditions; and all such obligations will be binding upon Landlord only during the period of its possession of the Building and not thereafter.

24. Non-waiver. Neither acceptance of Rent by Landlord nor failure by Landlord to complain of any action, non-action or default of Tenant shall constitute a waiver of any of Landlord's rights hereunder. Waiver by Landlord of any right for any default of Tenant shall not constitute a waiver of any right for either a subsequent default of the same obligation or any other default.

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120 25. Time of Essence. In all instances where Tenant is required hereunder to pay any sum or do any act at a particular indicated time or within an indicated period, it is understood and stipulated that time is of the essence.

26. Remedies Cumulative. Landlord may restrain or enjoin any breach or threatened breach of any covenant, duty or obligation of Tenant herein contained without the necessity of proving the inadequacy of any legal remedy or irreparable harm. The remedies of Landlord hereunder shall be deemed cumulative and no remedy of Landlord, whether exercised by Landlord or not, shall be deemed to be in exclusion of any other.

27. Insurance, Subrogation, Liability, Indemnity, and Waiver. (a) Landlord may maintain fire and extended coverage insurance on the portion of the Building constructed by Landlord, including building standard leasehold improvements, in amounts desired by Landlord. Payments for losses thereunder shall be made solely to Landlord. Tenant shall maintain at its expense fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises and on its non-building standard leasehold improvements and all additions and improvements made by Tenant.

(b) Tenant, at its sole cost and expense, shall carry and maintain a policy or policies of comprehensive general liability insurance insuring the Tenant against liability for injury to persons or property occurring in or about the Leased Premises or arising out of the maintenance, use or occupancy thereof. The coverage under such insurance shall not be less than one Million Dollars ($1,000,000) for any one person injured or killed and shall not be less than one Million Dollars ($1,000,000) for property damage per accident. Such insurance shall be written or endorsed so as to preclude the exercise of the right of subrogation against the Landlord. The obligations of Tenant under this Section 27(b) shall in no way prejudice or limit the covenants of Tenant under Section 27(c).

(c) Tenant hereby releases and indemnifies to the fullest extend allowable by law and agrees to defend, protect and hold harmless Landlord and Landlord's agents, directors, officers, employers, invitees and contractors from and against any and all losses, damages, claims, suits, actions, judgements and costs (including but not limited to reasonable attorney's fees) arising from or in connection with any injury whatsoever, including death and property damage, suffered by Tenant or any of Tenant's directors, officers, employees, agents, invitees, or contractors arising out of or in connection with this Lease Agreement and the use or occupation of the Leased Premises or the Building and the lot on which the Building is located and other improvements, sidewalks and street appurtenant to or adjacent to the Building and said lot, regardless of how such injury is caused, and whether such injury is caused, occasioned or contributed to, actually or allegedly, by the negligence, sole or concurrent, of Landlord or its agents, directors, officers, employees, invitees or contractors. The preceding indemnification shall not apply to injury caused by the gross negligence or willful misconduct of Landlord or its agents, directors, officers, employees, invitees or contractors.

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121 (d) Tenant agrees that Landlord shall not be responsible or liable to Tenant for any inconvenience or loss to Tenant arising from or in connection with the repair, maintenance, or replacement of any part of the Building or Leased Premises, or failure to make any such repair, maintenance or replacement except such loss that is caused by the gross negligence or Landlord.

28. Governing Law. This Lease shall be governed by the laws of the Commonwealth of Virginia.

29. Notice. Any notice which may be or shall be given under the terms of this Lease shall be in writing and shall be either delivered by hand or sent by United States Registered or Certified Mail, postage prepaid, return receipt requested, if for Landlord to the address provided herein below Landlord's execution hereof; or if for Tenant, to the Leased Premises. Such addresses may be changed from time to time by either party by giving notice as provided above. Notice shall be deemed given when delivered (if delivered by hand) or three (3) days after postmarked (if sent by mail).

30. Entire Agreement and Binding Effect. This Lease and any written addenda and all exhibits hereto (which are expressly incorporated herein by this reference) shall constitute the entire agreement between Landlord and Tenant; no prior written or prior or contemporaneous oral promises or representations shall be binding. This Lease shall not be amended, changed or extended except by written instrument signed by both parties hereto. The provisions of this Lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties, but this provision shall in no way alter the restrictions on use, assignment and subletting applicable to Tenant hereunder.

31. Right of Re-entry. Upon the expiration or termination of the Term for whatever cause, Landlord shall have the right to immediately re-enter and reassume possession of the Leased Premises and remove Tenant's property therefrom, and Tenant expressly acknowledges such right.

WITNESS the following signatures.

LANDLORD

The County of Powhatan

By:

Title:

Address:

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122 TENANT

Free Clinic o Powhatan

By:

Title:

Address:

COMMONWEALTH OF VIRGINIA, COUNTY OF POWHATAN, to-wit:

This instrument was executed before me in the jurisdiction aforesaid this day of 2016, by as of the Board of Supervisors of Powhatan County, Virginia, on behalf of the county.

My commission expires:

Notary Public

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123 EXHIBIT A

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124

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125

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126 EXHIBIT C

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127 EXHIBIT C

BUILDING RULES AND REGULATIONS POWHATAN COUNTY

The Building Owner and Owner's agents are collectively referred to herein as Landlord. Each Tenant or Subtenant is subject to and must abide by all the rules and regulations imposed on the Tenant or subtenant. The Premises or Building refer to the entire building, not just those areas occupied by the Tenant or subtenant. Tenant shall faithfully observe and comply with the following Building Rules and Regulations. Landlord shall not be responsible to Tenants for nonperformance of any of the Building Rules and Regulations by or otherwise with respect to the acts or omissions of any other Subtenant or Tenant or occupants of, or visitors to, the Building.

1. Tenant shall not alter any locks or install any new or additional locks or bolts on any doors or windows of the Premises without obtaining Landlord's prior written consent. Tenant shall bear the cost of any lock changes or repairs required by Tenant. Upon termination of the Lease, all keys to the Building and the Premises shall be surrendered to Landlord.

2. All door opening to public corridors shall be kept closed at all times except for normal ingress and egress to the Premises.

3. Landlord reserves the right to close and keep locked all entrances and exit doors of the Building during such hours as are customary for comparable building in the Powhatan County area. Tenant, its employees, and agents must be sure that the doors to the Building are securely closed and locked when leaving the Premises if it is after normal hours of business for the Building. The Landlord and Landlord's Affiliates shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Building of any person. In case of invasion, mob riot, public excitement, or other commotion. Landlord reserves the right to prevent access to the Building during the continuance of same by any means it deems appropriate for the safety and protection of life and property. 4. All moving of furniture into or out of the Building shall be done in such a way as to minimize the inconvenience of other Tenants. Tenants shall be liable for any damages caused to building during move-in or move-out. All damage done to any part of the Building, its contents, occupants, or visitors by moving property shall by the sole responsibility of Tenant and any expense of said damage or injury shall be borne by Tenant.

5. Landlord shall have the right to control and operate public portions of the Building, the public facilities, and any other facilities furnished for the common use of Tenants, in such manner as determined appropriate by Landlord, in its sole discretion.

6. Employees of Landlord shall not perform any work or do anything outside their regular duties unless under special instruction from Landlord.

7. Tenant shall not employ any service or contractor for services or work to be performed in the Building, except as approved by Landlord.

8. No Tenant, employee, or invitee shall go upon the roof of the Building.

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128 9. Tenant shall not disturb, solicit, or canvass any occupant of the Building and shall cooperate with Landlord or agent of Landlord to prevent same.

10. No vending machine or machines of any description other than fractional horsepower office machines shall be installed, maintained, or operated upon the Premises without the written consent of Landlord.

11. Tenant shall not use any method of heating or air conditioning other than that which may be supplied by Landlord, without the prior written consent from Landlord.

12. Tenant shall not use, keep, or permit to be used or kept, any foul or noxious gas or substance in or on the Premises, or permit or allow the Premises to be occupied or used in a manner offensive or objectionable to Landlord or other occupants of the Building be reason of noise, odors, or vibrations, or interfere in any way with other Tenants or those having business therein.

13. Tenant shall not suffer or permit smoking or carrying of lighted cigars, cigarettes, pipes, or vapor pens in areas designated by Landlord or by applicable government agencies as non-smoking areas, nor shall Tenant smoke or permit its employees to smoke in the immediate vicinity of the entrance and exit doors of the Building.

14. Tenant shall not bring into or keep within the Building or the Premises any animal, bird, bicycle, or other vehicles.

15. Landlord will approve where and how telephone, computer, and any other cables and/or wires are to be introduced to the Premises. No boring or cutting for cables or wires shall be allowed without the consent of Landlord. The location of telephones, call boxes, and other office equipment affixed to the Premises shall be subject to the approval of Landlord. 16. Landlord reserves the right to exclude or expel from the Building any person who, in the judgement of Landlord, is intoxicated or under influence of liquor or drugs, or who shall in any manner do any act in violation of these Rules and Regulations.

17. Tenant shall not waste electricity, water, or air conditioning and agrees to cooperate fully with Landlord to ensure the most effective operation of the Buildings HVAC system. Tenant shall cooperate fully with any energy or resource conservation program implemented by Landlord with regard to the Building.

18. Tenant shall store all its trash and garbage within the interior of the Premises. No material shall be placed in the trash box (dumpster) or receptacles if such material is of such nature that it may not be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in the area without violation of any law or ordinance governing such disposal. All trash, garbage and refuse disposal shall be made only through entry-ways provided for such purpose at such times as Landlord shall designate.

19. Tenant shall comply with all safety, fire protection, and evacuation procedures and regulations established by Landlord or any governmental agency.

20. Tenant shall assume any and all responsibility for protecting the Premises from theft, robbery, and pilferage, which include keeping doors locked and other means of entry to the Premises closed.

21. Landlord may waive any one or more of these Rules and Regulations for the benefit of any particular tenant or tenants, but no such waiver by Landlord shall be construed as a waiver of such Rules and Regulations in favor of any other tenant or tenant, nor prevent Landlord from thereafter enforcing any such Rules and Regulations against any or all tenants of the Building. Free Clinic Lease P a g e 14 of 15

129 22. Landlord reserves the right at any time to change and rescind any one or more of these rules and regulations, or to make such other and further reasonable Rules and Regulations as in Landlord's judgement may from time to time be necessary for the management, safety, care, and cleanliness of the Premises and Building, and for the preservation of good order therein, as well as for the convenience of other occupants and tenants therein. Landlord shall not be responsible to Tenant or to any other person for the nonobservance of the Rules and Regulations by another tenant or other person, and such nonobservance by any other tenant or person shall not relieve Tenant of its obligation to comply with these Rules and Regulations. Tenant shall be deemed to have read these Rules and Regulations and to have agreed to abide by them as a condition of its occupancy of the Premises.

PARKING RULES

1. Users of the parking area will obey all posted signs and park only in the areas designated for vehicle parking. The speed limit within all parking areas shall be five (5) miles per hour.

2. Unless otherwise instructed, every person using the parking area is required to park and lock his/her own vehicle. Landlord will not be responsible for any damage to vehicles, injury to persons or loss of property, all of which risks are assumed by the party using the parking area.

3. The maintenance, washing, waxing, or cleaning of vehicles in the parking areas is prohibited. 4. Tenant shall be responsible for seeing that all of its employees, agents, and invitees comply with the applicable parking rules, regulations, laws, and agreements.

5. Tenant shall leave, overnight, only those vehicles approved by Owner.

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