Agenda Board of Supervisors Meeting Tuesday, December 08, 2020 at 4:00 PM

County Administration Building, Auditorium 414 N Main Street, Madison, 22727

Call to Order

Call to Order, Pledge of Allegiance & Moment of Silence Determine Presence of a Quorum / Adopt Agenda Public Comment Special Appearances 1. Presentation to Terri Weaver (Jackson) 2. Consideration: Resolution to Support Woodberry Forest's IDA Financing (Gardner) 3. Consideration: Endorsement of a Medical Operator/Cultivator (Jackson) 4. Public Hearing: Mountaineer Village VA, LLC Tax Abatement Ordinance (Webb) 5. Public Hearing: Disposal of American Legion Property on Thrift Road (Gregg) Consent Agenda 6. Consent Agenda: A. Minutes from the November 24, 2020 Meeting B. Authorization to Pay Capital Project Invoices from Bond Proceeds Constitutional Officers, County Departments, Committees & Organizations Old Business 7. Consideration: Revised Leathers Lane Position Statement (Gregg) 8. Consideration: Whidby Proposal for Leathers Lane Maintenance (Hobbs) 9. Consideration: Madison County Administration Center Renovation Contract Award (Hobbs) New Business 10. Discussion: FY22 Budget Development Calendar (Hobbs) 11. Consideration: Bridge Replacement on Repton Mill Road at Beautiful Run (Hobbs) Information/Correspondence Public Comment Closed Session 12. Adjourn to January 4, 2020 at 9:00 AM (Cancel December 22, 2020 Meeting)

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NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MADISON COUNTY, VIRGINIA

NOTICE IS HEREBY GIVEN that the Industrial Development Authority of Madison County, Virginia (the “Authority”), will hold a public hearing, which may be continued or adjourned, at 7:00 p.m. on Monday, December 7, 2020, in the Madison County Administrative Center Auditorium, 414 North Main Street, Madison, Virginia 22727, concerning the issuance of one or more series of revenue bonds (the “2021 Bonds”) for the benefit of Woodberry Forest School (the “School”). The 2021 Bonds, which will be issued in an aggregate amount currently expected not to exceed $20,000,000, will be issued as qualified 501(c)(3) bonds pursuant to the Virginia Industrial Development and Revenue Bond Act (the “Act”) to (a) finance the capital improvement projects described below benefitting the School’s educational purposes and (b) pay all or a portion of the related costs of issuance of the 2021 Bonds.

The School desires to use proceeds of the 2021 Bonds to finance various capital improvement projects on its Campus (as hereinafter defined), including, without limitation, the completion of renovations of the Walker Building and the construction, improvement and equipping of various capital improvements set forth in the Capital Improvement Plan endorsed by the School’s Board of Trustees (as it may be amended from time to time).

The School is a Virginia non-profit corporation whose campus (the “Campus”) is located in Madison County, Virginia, with its main entrance on U.S. Route 15 at Virginia State Highway 622. The School’s mailing address is Woodberry Forest School, 10 Woodberry Station, 898 Woodberry Forest Road, Woodberry Forest, Virginia 22989. All improvements to be financed with proceeds of the 2021 Bonds will be located on the Campus and will be owned and operated by the School.

As required by the Act, the 2021 Bonds will not pledge the credit or the taxing power of the Commonwealth of Virginia, Madison County, Virginia, or the Authority, but will be payable solely from revenues derived from the School and pledged therefor. Any person interested in the issuance of the 2021 Bonds may appear and be heard.

Please refer to the Madison County website regarding any particular protocols or restrictions related to the COVID-19 pandemic that may affect public meetings and public participation (https://www.madisonco.virginia.gov/emergencymanagement/page/covid-19- information). Written comments may also be sent to the Authority c/o [email protected] or mailed to the Authority, P.O. Box 705, Madison, VA 22727.

INDUSTRIAL DEVELOPMENT AUTHORITY OF MADISON COUNTY, VIRGINIA

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RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MADISON COUNTY, VIRGINIA

WHEREAS, the Industrial Development Authority of Madison County, Virginia (the “Authority”), has received information on the plans of Woodberry Forest School, a not-for-profit Virginia nonstock corporation that owns and operates an independent preparatory school for boys (the “School”), to (a) finance various capital improvement projects on its campus, including, without limitation, the completion of renovations of the Walker Building and the construction, improvement and equipping of various capital improvements set forth in the Capital Improvement Plan endorsed by the School’s Board of Trustees (as it may be amended from time to time) (collectively, the “Project”), and (b) pay the related costs of issuance;

WHEREAS, the School in its appearance before the Authority and in its application has described the benefits of the financing and has requested the Authority to issue its educational facilities revenue bonds (as more particularly described below, the “Bonds”) under the Virginia Industrial Development and Revenue Bond Act in Section 15.2-4900, et. seq. of the Code of Virginia of 1950, as amended (the “Act”), in such amounts as may be necessary to (a) finance the costs of the Project and (b) pay the related costs of issuance; and

WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), and Section 15.2-4906 of the Act.

NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MADISON COUNTY, VIRGINIA:

1. It is hereby found and determined that the financing of the Project for the School (a) will be in the public interest of Madison County, Virginia (the “County”), and its environs, (b) will enable the School to provide improved educational services and facilities for the use of the inhabitants of the Commonwealth of Virginia (the “Commonwealth”) and the County, and (c) will be in furtherance of the purposes of the Act.

2. The Authority hereby agrees to assist the School in the financing of the Project by issuing the Bonds in an aggregate principal amount not to exceed $20,000,000.

3. The Bonds may be issued in one or more series at one time or from time to time. The Bonds will be issued in form and pursuant to terms to be set by the Authority in a subsequent resolution. The payment of the Bonds will be secured by an assignment for the benefit of the holders thereof, of substantially all of the Authority’s rights to payments under the loan agreement and may be additionally secured by other collateral.

4. The proceeds of the Bonds shall be loaned to the School to enable it to acquire, construct, improve, equip and develop the Project, pay issuance and related financing costs of the Bonds and, if necessary, pay capitalized interest on the Bonds during and after any construction of the Project. The School shall agree to provide payments to the Authority sufficient to pay the principal of, premium, if any, and interest on and purchase price of, if any, the Bonds and to pay all other expenses in connection with financing the Project.

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5. It having been represented to the Authority that it may be necessary to proceed immediately with the acquisition, construction, improvement, equipping and development of the Project, the Authority hereby agrees that the School may proceed with plans for the Project, enter into contracts for acquisition, construction, improvement, equipping and development of the Project, and take such other steps as it may deem appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the School to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Project. The Authority agrees that the School may be reimbursed from the proceeds of the Bonds for all lawful costs so incurred by it.

6. The Authority hereby agrees with the recommendation of the School that Hunton Andrews Kurth LLP be appointed as bond counsel in connection with the issuance of the Bonds and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds.

7. All lawful costs and expenses incurred in connection with the financing of the Project and the issuance of the Bonds, including the fees and expenses of bond counsel, counsel for the Authority and the purchaser or underwriter for the sale of the Bonds, shall be paid from the proceeds of the Bonds or by the School. If for any reason the Bonds are not issued, or the Bonds are issued but it is determined that a part or all of such costs are not lawfully payable out of Bond proceeds, it is understood that all such expenses shall be paid by the School and that the Authority shall have no responsibility therefor.

8. The School shall indemnify and save harmless the Authority, its officers, directors, employees, and agents from and against all liabilities, obligations, claims, damages, penalties, fines, losses, costs, and expenses in any way connected with the School, the issuance of the Bonds or the financing of the Project.

9. The Authority hereby recommends that the Board of Supervisors of the County approve the issuance of the Bonds in accordance with the provisions of Section 147(f) of the Code and Section 15.2-4906 of the Act within sixty days of the date of the adoption of this resolution.

10. The Authority hereby directs the Secretary or Assistant Secretary of the Authority to submit to the Board of Supervisors of the County a copy of this resolution, the School’s fiscal impact statement and a summary of the public hearing proceedings held by the Authority prior to the adoption of this resolution.

11. This resolution shall take effect immediately upon its adoption.

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CERTIFICATE

The undersigned Secretary of the Industrial Development Authority of Madison County, Virginia, hereby certifies that the foregoing is a true, correct and complete copy of a Resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on December 7, 2020, in accordance with law, at which meeting a quorum was present and acting throughout, and such Resolution has not been repealed, revoked, rescinded or amended, but is in full force and effect on the date hereof.

WITNESS my hand and seal of the Authority this ____ day of December, 2020.

______Secretary, Industrial Development Authority of Madison County, Virginia [SEAL]

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RESOLUTION OF THE BOARD OF SUPERVISORS OF MADISON COUNTY, VIRGINIA, APPROVING THE ISSUANCE OF BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MADISON, COUNTY, VIRGINIA, FOR THE BENEFIT OF WOODBERRY FOREST SCHOOL

Resolution #2020-30

WHEREAS, Woodberry Forest School (the “School”), a not-for-profit Virginia nonstock corporation that owns and operates an independent preparatory school for boys, has requested the Industrial Development Authority of Madison County, Virginia (the “Authority”), to issue its educational facilities revenue bonds (the “Bonds”) pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the “Act”), in a maximum aggregate principal amount of $20,000,000;

WHEREAS, the campus of the School is located in Madison County, Virginia, and the School’s mailing address is 10 Woodberry Station, 898 Woodberry Forest Road, Woodberry Forest, Virginia 22989;

WHEREAS, the School has submitted to the Authority an application requesting the Authority to issue the Bonds to (a) finance various capital improvement projects on its campus, including, without limitation, the completion of renovations of the Walker Building and the construction, improvement and equipping of various capital improvements set forth in the Capital Improvement Plan endorsed by the School’s Board of Trustees (as it may be amended from time to time), and (b) pay the related costs of issuance (collectively, the “Plan of Finance”);

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”) and Section 15.2-4906 of the Act require that the governmental unit (a) having jurisdiction over the area in which any facility financed with the proceeds of the Bonds is located and (b) on whose behalf the Bonds are issued, approve the issuance of such Bonds;

WHEREAS, Section 15.2-4906 of the Act requires that such public hearing required by Section 147(f) of the Code be conducted by the Authority, and Section 147(f) of the Code permits such action by the Authority;

WHEREAS, on December 7, 2020, the Authority held a public hearing and adopted an initial resolution (the “Authority Resolution”) approving the issuance of the Bonds, in accordance with the requirements of Section 147(f) of the Code and Section 15.2-4906 of the Act;

WHEREAS, the Authority and the School has requested the Board of Supervisors (the “Board”) of Madison County, Virginia (the “County”), to approve the issuance of the Bonds to comply with Section 147(f) of the Code and Section 15.2-4906 of the Act; and

WHEREAS, a copy of the Authority Resolution, a record of the public hearing and a fiscal impact statement with respect to the issuance of the Bonds have been filed with the Board.

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THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF MADISON COUNTY, VIRGINIA:

1. Solely to the extent required by Section 147(f) of the Code and Section 15.2-4906 of the Act, the Board hereby approves the issuance by the Authority of the Bonds in the maximum aggregate principal amount of $20,000,000 to assist the School in undertaking the Plan of Finance.

2. Such approval does not constitute an endorsement by the Board of the creditworthiness of the School or the Plan of Finance. The County does not have any obligation to pay the Bonds or the interest thereon or other costs incident thereto.

3. As required by Section 15.2-4909 of the Act, the Bonds shall provide that neither the County nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia, the County or the Authority shall be pledged thereto.

4. All acts and doings of the officers of the County and members of the Board that are in conformity with the purposes and intent of this resolution shall be, and the same are hereby approved and confirmed in all respects.

5. This resolution shall take effect immediately upon its adoption.

Approved: December 8, 2020, on motion of Supervisor ______, seconded by Supervisor ______.

______Chairman, Board of Supervisors of Madison County, Virginia

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CERTIFICATE OF VOTES

The undersigned Clerk of the Board of Supervisors of Madison County, Virginia, hereby certifies that the foregoing constitutes a true and correct copy of a resolution duly adopted by the Board of Supervisors at a regular meeting duly held and called on December 8, 2020. A record of the roll-call vote by the Board of Supervisors is as follows:

Aye Nay Abstain Absent R. Clay Jackson ______Charlotte Hoffman ______Kevin McGhee ______Amber Foster ______Carty Yowell ______

Dated: December __, 2020

[SEAL]

______Clerk, Board of Supervisors of Madison County, Virginia

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From: Ligon Webb To: Tracey Gardner; Jack Hobbs; Clay Jackson; Sean Gregg Subject: FW: re: Facility... Date: Wednesday, December 2, 2020 3:00:00 PM Attachments: MedicalCan-MsKelley.pdf

Hello – Dr. Frye contacted me late last week regarding utilizing the vacant former “Box in, Box out” building as a potential location for a medical cannabis “grow” facility. It appears a local entity is applying through the State Board of Pharmacy to operate such a facility here in Madison County. This year, medical cannabis was legalized in VA, but (from what can tell) guidance regarding local land use - related to - is vague to nonexistent. And we also know recreational cannabis is being discussed this legislative session too. Again, the implications that this will have on local land use remains unknown…will it be by special use permit? Like other states…? Not sure…

Because the deadline to the Board of Pharmacy is this Friday, I told Dr. Frye that the attached letter was/is the best that I feel I, or the County for that matter, could do for her at this moment. Ideally, I would have liked to have this conversation a month ago, so it could have been discussed at a regular meeting of the Board of Supervisors…Clay and I discussed this earlier today, and I we both feel discussing this in the future would be appropriate, Clay had suggested next week’s BoS meeting, but since the deadline for Dr. Frye’s application is due this Friday, I would respectfully recommend we take this up at the Planning Commissions’ December 16th work shop, and then discuss jointly at January’s PC/BoS meeting…again, I am fine with briefly discussing at next week’s BoS meeting too, just let me know…

Since medical cannabis cultivation is now a big topic state wide, here is a recent article from Nelson County: https://newsadvance.com/news/local/nelson-supervisors-show-support-for-medicinal-cannabis- cultivator-to-locate-in-county/article_61298bb2-98b4-5d67-9c98-678ee59c6c24.html

Ok, again I just want to keep everyone “in the loop” so to speak; we will discuss in more detail soon, thanks – Ligon

From: Ligon Webb Sent: Wednesday, December 2, 2020 2:34 PM To: '[email protected]' Subject: re: Medical Cannabis Facility...

Patricia – Here’s the letter as promised…Ok, hope this help, and again, the County will be having substantive conversations about this very soon…thanks, Ligon Webb

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Ligon Webb County Planner Madison County 414 N. Main Street Madison, VA 22727 (540) 478-2240 (Cell)

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December 2, 2020

Ms. Annette Kelley, M.S.:C.SA.C. Deputy Executive Director Virginia Board of Pharmacy 9960 Mayland Drive, Suite 300 Henrico, Virginia 23233

RE: Verification of Zoning Compliance for Proposed/Potential Medical Cannabis Operator/Cultivator - B&M JG Wellness, LLC

Dear Ms. Kelley –

A representative of B&M JG Wellness (BMJG), Dr. Patricia Frye, recently enquired regarding potentially operating a medical cannabis “grow” use at a vacant industrial site/building located in Madison County, Virginia. The subject facility is a roughly 38,000 square foot building located on a 11.6 acre parcel; the property’s postal address is 62 Seville Road, Rochelle, Virginia.

Historically, the subject property has been utilized for industrial uses, and the M1 (Industrial) zoning allows for numerous by-right industrial uses; one of which is a “commercial greenhouse.” As the County’s Zoning Administrator, I interpret the proposed medical cannabis facility to be a “like or similar use” to a commercial greenhouse, and therefore allowable by-right under the County’s zoning ordinance.

Soon Madison County’s Planning Commission and Board of Supervisors will be proactively discussing the specific land use, economic/tourism and social implications as related to medical and recreational cannabis.

If you have any questions or concerns, please feel free to contact me.

Regards, Ligon

W. Ligon Webb, Director of Planning, Zoning and Permitting CC:

Clay Jackson, Chairman Madison County Board of Supervisors Jack Hobbs, County Administrator Sean Gregg, County Attorney Tracey Gardner, Economic Development & Tourism Director 21 3.

Beatrice (Bea) LaPisto-Kirtley COUNTY OF ALBEMARLE , Diantha H. McKeel Rivanna Office of Board of Supervisors JackJouett 401 Mclntire Road Donna P. Price Charlonesvlllc, Virginia 22902-4596 Liz A. Palmer Scottsville (434)296-5843 FAX (434)296-5800 Samuel Miller

Ann H. Mallek Ned L. Gallaway White Hall Rio November 25,2020

Virginia Board of Pharmacy Ad Hoc Committee Department of Health Professions Perimeter Center 9960 Mayland Drive, Suite 300 Henrico, Virginia 23233

Dear Committee Members:

On November 18, 2020, the Board of Supervisors for the County of Albcmarle, Virginia, unanimously voted to support Holistic Virginia LLC's application for a license to operate a pharmaceutical processing facility in Albemarle.

This facility will benefit the local community in several significant ways:

• It will afford much needed career ladder jobs in a quickly expanding business sector; • The newly created jobs will be accessible to the many residents of nearby neighborhoods in both the County and the City ofCharlottesville; • Locating Holistic Virginia's facility here is consistent with Albemarle's economic development strategic plan with the goal to attract, develop, and promote medical, bioscience, technological, and agribusiness enterprises; and • Holistic Virginia will help retain talent from the University of Virginia, the Piedmont Virginia Community College, and our local workforce training programs here in Central Virginia.

Additionally, licensing Holistic Virginia's location in Albemarle fits with efforts to address historical employment, housing, and social inequities. It presents as an invaluable opportunity to open doors for potential employees from all walks of life while also serving as an attraction for other innovative industries and boost for demand in other sectors.

On behalf of the Board of Supervisors, I offer Albemarle County's endorsement of Holistic Virginia's application and ask that your Committee does the same.

Sincerely,

Ned L. Gallaway, Chair Board of Supervisors

NLG/ckb 22 3.

23 3. ORANGE COUNTY, VIRGINIA BOARD OF SUPERVISORS

R. MARK JOHNSON, DISTRICT ONE MAILING ADDRESS: JAMES K. WHITE, DISTRICT TWO P. O. BOX 111 S. TEEL GOODWIN, DISTRICT THREE ORANGE, VA 22960 JAMES P. CROZIER, DISTRICT FOUR LEE H. FRAME, DISTRICT FIVE PHYSICAL ADDRESS: THEODORE L. VOORHEES R. LINDSAY GORDON III BUILDING C OUNTY ADMINISTRATOR 112 WEST MAIN STREET ORANGE, VIRGINIA 22960 P HONE: (540) 672-3313 F AX: (540) 672-1679 orangecountyva.gov

October 13, 2020

Virginia Board of Pharmacy Perimeter Center 9960 Mayland Drive, Suite 300 Richmond, VA 23233

RE: Trulieve Application for Pharmaceutical Processor

Dear Board Member,

I am writing to express my full support for Trulieve VA, Inc.’s (“Trulieve”) application for a permit to operate as a pharmaceutical processor in the Commonwealth of Virginia. I am pleased that the Trulieve team is planning to locate their facility in unincorporated Orange County and think their operations will do good for the community.

Based on what I have learned thus far, Trulieve is an accountable and transparent operator that will bring safe and compliant pharmaceutical grade medical cannabis products to the Virginia market. The company has made a significant financial commitment to the local community in Orange County and will further positively impact the community through philanthropic giving and sponsorship of community events and initiatives.

It is apparent that Trulieve has a team of experienced leaders who have extensive backgrounds in a variety of industries that are crucial to successful medical cannabis oil operations, including but not limited to pharmaceutical operations, healthcare, and research and development. I am certain this experience will allow them to lead Virginia’s industry, providing patient-focused care in a sustainable manner while reinvesting in our local community. For these reasons, Orange County Board of Supervisor’s fully endorse and support Trulieve’s application for a permit to operate as a pharmaceutical processor.

Sincerely,

James P. Crozier Chairman Orange County Board of Supervisors

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https://newsadvance.com/news/local/nelson-supervisors-show-support-for-medicinal-cannabis-cultivator-to- locate-in-county/article_61298bb2-98b4-5d67-9c98-678ee59c6c24.html Nelson supervisors show support for medicinal cannabis cultivator to locate in county

Nick Cropper Nov 22, 2020

SALE! Subscribe for $1/mo.

Marijuana plants growing inside the Propagation Room at Green Leaf Medical, a new medical marijuana dispensary selling a variety of cannabis products in Richmond on Thursday, Sept. 24, 2020. 25 3. Photo by Bob Brown/Richmond Times-Dispatcj

Nick Cropper

he Nelson County Board of Supervisors has unanimously endorsed the T application of a medical cannabis cultivator to set up shop in the county, bringing with it potentially 100 jobs.

A copy of the board’s resolution provided to the Nelson County Times states a business prospect has expressed interest in locating a pharmaceutical processing facility in Nelson County’s Colleen Business Park. The resolution does not refer to the prospective company by name but it is described as being a leading medical cannabis cultivator.

The motion passed following a late-night closed session Nov. 10 officially recognized the board’s support of the company’s application to the Virginia Board of Pharmacy to operate a pharmaceutical processor in Health Service Area I, which includes Nelson County, and authorized county staff to submit all necessary documents to that end.

The unnamed company has a proven track record of successfully and compliantly operating in regulated markets across the country and is “an accountable and transparent operator that will bring safe and compliant pharmaceutical grade medical cannabis products to the Virginia market,” the resolution reads.

It goes on to say the company has a team of experienced leaders who have a background in several industries crucial to medical cannabis oil operations. These include but are not limited to pharmaceutical operations, health care, and research and development.

“This experience will allow them to lead Virginia’s industry, providing patient-focused care in a sustainable manner while reinvesting in our local community,” according to the document.

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The board’s support for a medicinal cannabis cultivator came just days before Gov. announced a push to introduce and support legislation in the 2021 General Assembly session to legalize recreational marijuana use in Virginia.

East District Supervisor Jesse Rutherford said he believes Nelson County is a “natural fit” for products like cannabis.

Nelson County Board of Supervisors Chair Tommy Harvey said in an interview after the meeting that the facility potentially locating in Colleen is an opportunity for the county. He said he doesn’t see the prospect as a “real strong possibility” at this point, however.

“They’re throwing out the fishing line and seeing what they can catch,” Harvey said.

27 Should the company choose to locate in the Collen Business Park, the resolution states 3. it is estimated to create 100 new jobs paying $15 to $16 per hour.

“I’m really excited for this opportunity to have good paying jobs in Nelson County. I do know that that has the potential to change 100 families, product aside,” Rutherford said.

Rutherford stressed the importance of the facility being structured around medicinal marijuana.

“These products are for cancer patients or patients on their death bed … with a plethora of ailments that people experience that are life altering this product is for them. This is not for high school students to abuse. This is not recreational marijuana,” he said.

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Most Popular Virginia's new COVID restrictions started Monday. Here’s what they are – and who they impact

Nov 16, 2020 28 BOS2020-12-02 p.19/224 3. Ver. 2018 FLUVANNA COUNTY BOARD OF SUPERVISORS TAB C AGENDA ITEM STAFF REPORT MEETING DATE: December 2, 2020

AGENDA TITLE: Letter of Support for Pharmaceutical Processor

I move to approve the letter of support of YAE Wellness LLC, a MOTION(s): pharmaceutical processor, applying to operate a medical cannabis production facility at the county-owned Fork Union Property.

Yes No STRATEGIC INITIATIVE? If yes, list initiative(s): XX Public Hearing Action Matter Presentation Consent Agenda Other AGENDA CATEGORY: XX

STAFF CONTACT(S): Bryan Rothamel, Economic Development Coordinator

PRESENTER(S): Bryan Rothamel, Economic Development Coordinator

RECOMMENDATION: Approval

TIMING: Current • YAE Wellness LLC is applying to operate a medical cannabis production facility in Health Service Area I, the Health Service Area covering Fluvanna County. As a part of the application, YAE Wellness needs to show community support of the operation. The license is very competitive and YAE Wellness locating in Fluvanna is wholly contingent on being awarded the license. • YAE Wellness LLC, if awarded the license, will construct a 100,000 sq ft building on the Fork Union Property behind the Fork Union Volunteer Fire Department DISCUSSION: and Fluvanna Community Center. The company has submitted a Letter of Intent to purchase 15 acres of the property for $135,000 ($9,000 per acre). • The Letter of Intent also includes community support items including $100,000 for the fire department, volunteer hours, maintenance of the Petersburg Hill Plantation Slave Cemetery, and donations to Fluvanna nonprofits. • YAE Wellness LLC, if awarded the license, would employ 50 employees to cultivate, lab research, process, and dispense medical cannabis. FISCAL IMPACT: n/a

POLICY IMPACT: n/a

LEGISLATIVE HISTORY: None. • Draft letter of support. ENCLOSURES: • Letter of Intent from YAE Wellness LLC • Informational Sheet

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FLUVANNA INFORMATIONAL SHEET

HISTORY OF MEDICIAL CANNABIS IN VIRGINIA From the Virginia Board of Pharmacy

LEGISLATIVE TIMELINE:

Provided an affirmative defense for the possession of CBD oil or THC-A 2015 oil, initially to alleviate intractable epilepsy.

Authorized the establishment of the 5 pharmaceutical processors to 2016-17 produce and dispense these oils.

Expanded the use of these oils to any diagnosed condition or disease, 2018 upon recommendation from any physician.

Expanded authority to issue written certifications to nurse practitioners and physician assistants, created “registered agent” registration category, 2019 and authorized wholesale distribution of oils between pharmaceutical processors

Removed the definitions of oil and THC-A oil and replaced them with a definition of cannabis oil, allows for the use of telemedicine 2020 for patient care, in compliance with federal requirements for prescribing drugs in Schedules II-V, allows for up to 5 cannabis dispensing facilities per health service area that are owned, at least in part, by the pharmaceutical processor permitted for that health service area, and access to cannabis oils for individuals that temporarily reside in Virginia.

PHARMACEUTICAL PROCESSORS

In December 2018 the Board of Pharmacy awarded conditional approval to five pharmaceutical processors for the purpose of cultivating Cannabis plants for the production of CBD oil and/or THC-A oil, and to dispense these oils to patients registered by the Board of Pharmacy. Five pharmaceutical processors were authorized, one in each Health Service Area (HSA). More information about HSAs is on Page 2. As of July 1, 2020, three of the five pharmaceutical processors awarded conditional approval have completed construction and obtained a pharmaceutical processor permit to cultivate cannabis. The fourth pharmaceutical processor anticipated completing construction in July 2020. The conditional approval for the fifth pharmaceutical processor was rescinded in June 2020. The Board opened a Request for Application for awarding conditional approval to a pharmaceutical processor in Health Service Area I in September 2020.

31 FLUVANNA BOS2020-12-02 p.22/224 PHARMACEUTICAL PROCESSORS CONTINUED 3.

As it may take 3-6 months for product to be available once growing begins, cannabis oil products became available for purchase from the processors in Virginia in October 2020. Dharma Pharmaceuticals was the first to dispense cannabis oil to patients. CBD products currently available at retail establishments are likely produced from industrial . The Virginia Department of Agriculture and Consumer Services (VDACS) oversees the industrial hemp program. Questions regarding these products may be directed to VDACS.

HEALTH SERVICES AREAS Why They Are Important

Virginia is divided into five Health Service Areas (HSAs). Each HSA has one licensed provider. In 2018 the Board of Pharmacy awarded licenses to PharmaCann Virginia (HSA I Central Virginia), Dalitso (HSA II Northern Virginia), Dharma Pharmaceuticals (HSA III Southwest Virginia), Green Leaf Medical of Virginia (HSA IV Capitol Region), and Columbia Care (HSA V Hampton Roads). Fluvanna is located in HSA I. PharmaCann transferred its license to MedMen. The Board of Pharmacy voted in 2020 to rescind MedMen’s provisional license and issued a request for application (RFA) for HSA I’s license. The RFA is a highly competitive, highly regulated application process. Companies must demonstrate financial ability, marketing plans, productive expertise, facility information, industry involvement, and site selection. The license will be awarded to one company on March 30, 2021. A production license holder must produce and dispense from their chosen site. In the future they will also be able to construct offsite dispensaries. The dispensaries, including the production site one, operate and are regulated, just like a pharmacy.

PATIENT USE OF MEDICAL CANNABIS OIL How Virginians Get Cannabis

The production, prescribing, and use of medical cannabis is a highly regulated endeavor. Virginia Code § 54.1-3408.3 allows a patient, parent, legal guardian, or registered agent, who has been issued a valid written certification from a Board of Pharmacy-registered practitioner and who maintains a current registration with the Board of Pharmacy, to possess cannabis oil. In order for patients to be dispensed medical cannabis oil, they must first register with the Board of Pharmacy. Registered cannabis patients can only obtain prescriptions from Board of Pharmacy-registered practitioner. Patients can only have prescriptions filled at licensed dispensaries.

WEBSITES TO VISIT

Virginia Board of Pharmacy: Board of Pharmacy FAQ Regarding Cannabis Oil: www.dhp.virginia.gov/pharmacy www.dhp.virginia.gov/pharmacy/PharmaceuticalProcessing/FAQ.htm

Board of Pharmacy Pharmaceutical Processors-Cannabis Oil: www.dhp.virginia.gov/pharmacy/PharmaceuticalProcessing

Board of Pharmacy RFA for HSA I: www.dhp.virginia.gov/pharmacy/PharmaceuticalProcessing/docs/RFA_PharmaceuticalProcessors2020.pdf

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Who they Are YAE Wellness LLC, a woman- and minority-owned company, was founded by Ausrine Zagorodna, Yuliya Habib, PharmD., and Eucharia Jackson. YAE Wellness is registered with the State Corporation Commission as of November 3, 2020. Ausrine Zagorodna, CEO/CFO, has been an entrepreneur for more than 15 years and was part of the successful Green Leaf Medical of Virginia license award in 2018 (HSA IV). She has three years of experience developing, operating, executing, and leading organizations in the Virginia medical cannabis industry. Zagorodna is a founding member of the Virginia Medical Cannabis Coalition and serves as the treasurer. Beyond her efforts in medical cannabis, she is a Class A contractor and involved with OZ Enterprises, a granite company in Richmond. Yuliya Habib, PharmD., will serve as the Pharmacist-in-Charge for YAE Wellness. Habib is a board- certified, clinical pharmacist with Bon Secours, Richmond, where she has been employed for the last nine years. Habib has over 15 years of hospital, managerial, student preceptorship, and retail pharmacy experience. She earned her Doctor of Pharmacy from the University of Arizona and has a deep understanding of safety standards and regulations set by the FDA. She has knowledge of planning effective drug therapies. Eucharia Jackson will oversee a qualified group of pharmacists and ensure YAE Wellness operation and products remain safe and in full compliance with local, state, and federal regulations. Jackson has been involved in the pharmaceutical industry including 15 years of experience consulting with both product developers and pharmaceutical researchers. She is a seasoned non-profit leader and serves on numerous Richmond area nonprofit boards including the American Heart Association, the Science Museum of Virginia, the Virginia Museum of Fine Arts, the YWCA of Richmond, and the Collegiate School.

INTENT TO PURCHASE Fork Union Property – YAE Wellness’ purchase of the parcel is wholly contingent on being awarded a license by the Virginia Board of Pharmacy.

YAE Wellness is requesting to purchase a portion of the publicly-owned property in the Fork Union area. The property is located behind the Fluvanna Community Center and the Fork Union Volunteer Fire Department. The property is identified as Tax Map ID 51-A-129A and is approximately 90 acres, zoned I-1 (limited industrial). The parcel includes the fire department. Recently Fluvanna County purchased a neighboring property (Tax Map ID 51-A-130) and is under contract to purchase two additional parcels (Tax Map ID 51-A-139 and 51-A-138). The three additional properties are approximately 32.8 acres. The additional parcels are currently zoned A-1. YAE Wellness is interested in purchasing a 15 acre parcel to build a 100,000 sq. ft building to include space for cultivation, a laboratory, administration offices, and pharmacy. YAE Wellness would be responsible for construction of the site including entrance. YAE Wellness would connect to the Fork Union Sanitary District and would have to construct a drain field. Fluvanna County would continue to the market the remainder of the parcel for additional businesses to locate in the Fork Union area. A preliminary review of the property estimates an additional 400,000 sq ft could be built on the property.

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Operating in Fork Union

If YAE Wellness is awarded the license by the Virginia Board of Pharmacy (awarded in March 2021), construction would begin immediately with an expectation by the board of Pharmacy to be operational within a year. YAE Wellness is interested in employing local contractors, where possible, bringing additional jobs and workers into the County. YAE Wellness expects to employ approximately 50 employees at the facility. Available jobs would range from entry level cultivation to highly skilled lab research. The facility would also push traffic to the Fork Union area as people drive to and through Fork Union, on their way to filling prescriptions at the Fork Union property. The application process requires a security plan; the facility would be secured including guards and fencing. Levin White will serve as YAE Wellness’ Director of Security and Compliance.

IF AWARDED THE LICENSE, YAE WELLNESS COMMITS TO:

Purchasing 15 acres of Tax Map ID 51-A-129A for $135,000 TRAINING FACILITY ($9,000 per acre). Dedicating four hours of community service per employee per year. Supporting the Fork Union Fire Department and the proposed training facility to be located in Fork Union with a pledged donation of $100,000 ($20,000 per year for five years). See image on the right. BURIAL SITE Financial donations to area nonprofits. Community crime-prevention seminars and training led by YAE Wellness’ Director of Security and Compliance. Support the Fluvanna County Parks and Recreation Department. Maintenance and upkeep of the nearby Petersburg Hill Plantation slave burial site, located behind the Fork Union Fire Department. See image on the right.

NEXT STEPS:

It is required as part of the Virginia Board of Pharmacy letters of support, showing the community will welcome the winning license holder. The Fluvanna County Board of Supervisors will entertain a letter of support on December 2, 2020. YAE Wellness may ask other community members for letters of support to include in its application process. The application is due to the Board of Pharmacy on December 4, 2020 at 2 pm. The license will be announced on March 30, 2021.

34 FLUVANNA BOS2020-12-02 p.25/224 3. 132 Main Street P.O. Box 540 COUNTY OF FLUVANNA Palmyra, VA 22963 (434) 591-1910 “Responsive & Responsible Government” Fax (434) 591-1911 www.fluvannacounty.org

BOARD OF SUPERVISORS December 2, 2020

John M. “Mike” Sheridan Chair Annette Kelley, M.S.; C.S.A.C. Columbia District Deputy Executive Director Anthony P. “Tony” O’Brien Virginia Department of Health Professions Vice Chair Rivanna District Virginia Board of Pharmacy Perimeter Center Mozell H. Booker Fork Union District 9960 Mayland Drive, Suite 300 Henrico, VA 23233 Patricia B. Eager Palmyra District RE: Letter of Support - YAE Wellness LLC Application for Donald W. Weaver Cunningham District Pharmaceutical Processor

Dear Annette Kelley,

COUNTY ADMINISTRATION On behalf of the Fluvanna County Board of Supervisors, I am writing to express the

Board’s support for YAE Wellness, LLC’s (“YAE Wellness”) application for a Eric M. Dahl permit to operate as a pharmaceutical processor in the Commonwealth of Virginia. County Administrator We are excited that the YAE team has chosen to locate their facility in Fluvanna Caitlin Solis County and believe their operations to be a good fit for this rural county. Clerk to the Board

With backgrounds in business, pharmacy, and the pharmaceutical industry, YAE founders seem well-placed to lead the emerging medical cannabis industry in Virginia. As a woman- and minority-owned business, YAE Wellness would further an already-strong presence of woman-owned businesses in the County. YAE Wellness appears committed to being a good neighbor in Fluvanna County and has made significant financial, philanthropic, and community service commitments.

It is apparent that the YAE Wellness team are experienced leaders with extensive professional experience that is crucial to successful medical cannabis operations. Their commitment to community involvement highlights their intention to be a productive, supportive, and long-term member of this community. For these reasons, the Fluvanna County Board of Supervisors fully endorses and supports YAE Wellness, LLC’s application for a permit to operate as a pharmaceutical processor.

Sincerely,

John M. Sheridan Chairman Fluvanna County Board of Supervisors

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39 Published in the Madison Eagle on Thursday, November 19th, 2020 & Thursday, November 26th, 2020 4.

PUBLIC NOTICE

Notice is hereby given that Madison County’s Board of Supervisors will hold a public hearing in the Madison County Administrative Center Auditorium on Tuesday, December 8th, 2020 at 4 p.m. to act on a proposed tax abatement ordinance to partially exempt real estate taxation for the proposed development of a property to be known as Mountaineer Village VA, LLC.:

Mountaineer Village VA, LLC is a sixty (60) unit affordable apartment building proposed to be located on a parcel of land located on Courthouse Mountain Road in Madison County, Virginia; the 8.1 acre parcel is identified on Madison County’s Tax Maps as 48-13. The developer, Surber Development and Consulting LLC, is seeking tax credits via a competitive application process through Virginia Housing (formerly known as VHDA).

The Board of Supervisors will solicit public comments regarding adopting an ordinance pursuit to section § 58.1-3219.4 of the Code of Virginia to abate/rebate annual real estate taxes on said property not to exceed $2,000 annually. The abatement/rebate would be for a three (3) year period once the proposed apartment building is completed. Presently, the subject property has an annual real estate tax levy of $872.59; once improved with a sixty (60) unit apartment building the annual real estate levy is estimated to be $58, 382.89. If adopted, the annual post improvement levy would be roughly $56,382.89 for a three (3) year period. These figures could vary slightly depending on the post construction assessment (land and improvements) for the subject property.

The public is invited to attend the hearing and comment. Copies of the County’s ordinances and documents related to this case are available for review in Madison County’s Building & Zoning Office, 414 North Main Street, Madison, VA 22727; documents can be inspected Monday through Friday from 8:30 a.m. to 4:30 p.m. A copy of the proposed non-codified ordinance can be emailed to interested parties/individuals upon request. Comments or questions can be sent via email to [email protected] or by calling 540.948.7513.

Ligon Webb, County Planner

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AN ORDINANCE TO PARTIALLY EXEMPT REAL ESTATE TAXATION FOR THE PROPOSED DEVELOPMENT OF PROPERTY KNOWN AS MOUNTAINEER VILLAGE VA LLC, HENCEFORTH KNOWN AS MOUNTAINEER VILLAGE, LOCATED IN MADISON COUNTY, VIRGINIA, BY LOCAL CLASSIFICATION OR DESIGNATION FROM FULL ASSESSMENT OF TAXES:

Ordinance #2020-22

WHEREAS, SURBER DEVELOPMENT AND CONSULTING LLC, (hereinafter referred to as SURBER DEVELOPMENT) has applied to the Board of Supervisors of Madison County, Virginia., for an ordinance providing it with partial tax exempt status from Madison County o n real property taxes relating to the proposed development of Mountaineer Village apartment complex in Madison County, Virginia located on MADISON COUNTY TAX MAP 48-13, TBD COURTHOUSE MOUNTAIN ROAD;

WHEREAS, the Board desires to support and encourage the development of said property by enacting an ordinance to provide SURBER DEVELOPMENT with a. partial tax exemption from M a d i s o n C o u n t y ’ s real property taxes; and,

WHEREAS, the Madison County, Virginia did on December 8th, 2020 hold a public hearing in accordance with notice duly and lawfully published in the newspaper; and

WHEREAS, the Virginia Code Section 58.1-3219.4, authorizes the County to enact such exemptions within the limitations therein prescribed and as may be prescribed by this Board.

NOW THEREFORE be it Ordained, pursuant to Section 58.1-3219.4 of the Code of Virginia that:

1. The real property of SURBER DEVELOPMENT to be partially exempted hereby is located in Madison County, Virginia, being tax map number 48-13 located at TBD Courthouse Mountain Road.

2. At a public hearing duly and lawfully held on December 8th, 2020, pursuant to public notice, the Board of Supervisors of Madison County, Virginia, examined and considered SURBER DEVELOPMENT proposal for partial tax exemption.

3. The Madison County’s Board of Supervisors hereby finds that:

A) The subject real property, along with improvements currently located thereon, is assessed at a total of one-hundred twenty-two thousand nine-hundred ($122,900) for tax year 2020, and the cost of the intended improvements is expected to be Eight Million One Hundred Thousand Dollars and Zero Cents ($8,100,000.00).

B) The real property taxes that were paid by the subject property’s owner for tax year 2020, was Eight-hundred seventy-two dollars and fifty-nine cents ($872.59) The increase in value caused by the proposed improvements could result in an increase of the amount of total tax on this real property to the amount of fifty-eight thousand three-hundred two dollars and fifty-nine cents ($58,382.29).

4. Madison County’s Board of Supervisors finds that SURBER DEVELOPMENT is an organization that proposes to develop housing structures for historically underprivileged residents of Madison County, and nearby areas. The proposed development of Mountaineer Village will serve Madison County, and its residents, as an affordable housing option. As such, said organization is eligible for a

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partial exemption from the assessment of real property taxes as a result of said development under Virginia Code §58.1-3220, for a period of three (3) years, .in an amount not to exceed Two- Thousand Dollars and Zero Cents ($2,000) annually.

5. The Board hereby exempts SURBER DEVELOPMENT from that portion of their real property taxes accruing as a result of an increase in property value by reason of the proposed improvements or Fifty Percent (50%) of the cost of such improvements, whichever is greater but not to exceed Two Thousand Dollars ($2,000) annually, for a period of three (3) tax years once all improvements are completed.

A) The cost of the improvements shall be presumed as shown on the building permit application. The proposed improvements are those described in the attached exhibit which is hereby incorporated into this ordinance.

B) The exemption hereby granted in contingent upon the following:

1) SURBER DEVELOPMENT providing housing predominately for persons with low to moderate income as defined by Virginia Housing.

It is so ORDAINED this 8th day of December, 2020 on motion of Supervisor ______, seconded By Supervisor ______. ______R. Clay Jackson, Chairman Madison County Board of Supervisors

Aye Nay Abstain Absent R. Clay Jackson ______Charlotte Hoffman ______Kevin McGhee ______Amber Foster ______Carty Yowell ______

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Madison County, Virginia Resolution In Support of Mountaineer Village VA (LLC) Apartments Revitalization Area #2020-31 Whereas, the Board of Supervisors for Madison County, Virginia, desires to designate the area (the “Area”) described in Exhibit A attached hereto as a revitalization area;

NOW, THEREFORE, BE IT HEREBY DETERMINED as follows:

1) The industrial, commercial or other economic development of such area will benefit Madison County, Virginia, but such area lacks the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment, community development, healthcare or nonprofit enterprises or undertakings to located or remain in such area; and

2) private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the need of low and moderate income person and families to live within such area and will induce other persons and families to live within such area and thereby create a desirable economic mix of residents in such area.

THEREFORE, BE IT RESOLVED that the Board of Supervisors for Madison County, Virginia, supports the request of Surber Development and Consulting LLC, the developer of Mountaineer Village Apartments, to designate Mountaineer Village Apartments as a revitalization area for the sole purpose of the Virginia Housing tax credit application.

NOW, THEREFORE, BE IT RESOLVED that the Area is hereby designated as a revitalization area.

Adopted on this ____ day of December, 2020, on motion of Supervisor ______, seconded by Supervisor ______.

______R. Clay Jackson, Chairman Madison County Board of Supervisors

Aye Nay Absent Abstain R. Clay Jackson ______Charlotte Hoffman ______Kevin McGhee ______Amber Foster ______Carty Yowell ______

43 4. Proposed Mountaineer Village VA Apartments Revitalization Area Exhibit A

Madison County Tax Map 48-13 8.19 acres

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Notice of Public Hearing Related to Disposition of Public Property

The Madison County Board of Supervisors will hold a public hearing at its meeting on December 8, 2020, at 4:00 p.m. at the Board Auditorium at 414 N. Main Street in Madison, Virginia to take public comment on whether the Board should sell, transfer, or otherwise convey the following property to Madison American Legion Post Home, Inc.:

1. 4.111 acres off State Route 657, adjoining the American Legion Post Home, Inc., further identified as Tax Map Parcel Number 39-38A.

This public hearing is being held pursuant to Virginia Code Section 15.2-1800.

Jack Hobbs County Administrator

Publish: November 26, 2020 December 3, 2020

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RESOLUTION #2020-29

A RESOLUTION TO RECOGNIZE THE EFFORTS OF MADISON COUNTY PUBLIC SAFETY AGENCIES

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➢ Any Resident wishing to make improvements or repairs to the road must obtain the consent of all landowners on Leathers Lane. Is something that has been added;

To which the County Attorney referred to as being part of a draft, working document which may be changed. 7 | P a g e

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It was further noted that anyone wishing to perform any type of work would need to have contact information for all landowners.

The County Attorney noted that having contact information for all landowners would allow the County to move through the process without issues; feels that the proposed language is appropriate and that the Board of Supervisors does have the authority to refer today's concerns to the Planning Commission if deemed necessary.

▪ Brian Lenhoff advised of the fact that there may some difficulty in reaching out to landowners that don't live on Leathers Lane full-time (some live in Northern Virginia), and that those that do not respond will ultimately allow Mr. Whidby the authority to move forward without their consent.

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Call to Order, Pledge of Allegiance & Moment of Silence Determine Presence of a Quorum 0. Motion to authorize a non-emergency electronic meeting (if Hoffman participates remotely) Adopt of Agenda Public Comment Special Appearances

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69 6. Director of Emergency Communications

Monthly Report

November 2020

Deployments

Meetings / Classes

• Motorola Radio Meetings – 11/5, 11/10, 11/13, 11/20, 11-24 • GeoCom Meetings (Upgrade) – 11-3, 11/13, • Freedom of Information for Local Elected Officials – 11/16

Radio System Progress

Tasks Completed in August:

• Civil Surveys have been approved and CDR#1 has been approved. • Fiber meetings ongoing with ANS and the County team members to determine any leverage for other County projects. • Hughes River landowners have the lease and all indications are they are getting close to signing. • Staging underway in Chicago – Staging has been moved to a virtual setting and will occur December 7, 8, 9. This was changed because of the COVID situation in Chicago and locally.

Next Generation 911 – A meeting occurred with Verizon engineers to discuss getting redundant fiber into the ECC. That discussion yielded point that had not been brought up before, this led to more civil work being needed to bring the fiber to the termination point. I have contacted Clark Security who did the work before, they will have to tie into what they have already done. This will be a sole source procurement to eliminate time because of their knowledge of what is here now. Additional trenching work will need to be done (approximately 210 feet) along with more conduit ran in the building (approximately 100 feet).

CARES – The old consoles have been disassembled and the new Watson Consoles have been installed. The chairs are also in service. The install occurred the weeks of 10/10 and 10/26 in a live cutover format. The install went very well, and we are now fully operational on the new consoles. I invite anyone who would like to see the new setup to come by.

Brian Gordon

December 1, 2020

70 Madison County E-911 Monthly Report 6.

2020 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year Totals 2020 911 Home Phones 161 162 137 142 105 148 168 177 156 134 162 1,652 2020 911 Wireless Phones 289 249 234 222 225 285 390 369 311 373 299 3,246 2020 911 Total Calls 450 411 371 364 330 433 558 546 467 507 461 0 4,898 2019 911 Total Calls 365 401 470 478 518 532 559 510 430 523 437 441 5,664 2018 911 Total Calls 462 294 586 496 572 540 514 499 413 460 506 426 5,768 2017 911 Total Calls 407 427 465 563 536 511 526 474 568 517 474 459 5,927 2016 911 TOTALS 463 432 489 450 460 489 547 531 463 552 462 412 5,750 2015 911 TOTALS 518 491 548 459 552 693 487 466 476 485 463 445 6,083 2014 911 TOTALS 525 580 660 552 574 564 583 447 493 584 540 479 6,581 2013 911 TOTALS 643 499 653 658 666 579 676 610 599 616 499 534 7,232 2012 911 TOTALS 729 573 821 729 684 785 533 630 552 645 558 563 7,802 2011 911 TOTALS 618 546 625 568 629 720 716 661 703 607 756 722 7,871

2020 911 Hang Ups 15 19 16 19 20 23 28 29 25 23 17 234 2019 911 Hang Ups 15 14 20 16 19 23 33 17 25 39 21 29 271 2018 911 Hang Ups 11 10 20 21 35 14 24 35 28 37 23 21 279 2017 911 Hang-ups 23 39 14 19 15 21 26 27 11 15 18 21 249 2016 911 Hang-ups 13 11 22 22 22 14 23 19 17 13 5 11 192 2015 911 Hang-ups 38 24 34 30 35 26 18 17 9 26 16 18 291 2014 911 Hang-ups 26 36 39 35 29 29 33 48 35 35 48 31 424 2013 911 Hang-ups 17 17 18 22 25 9 20 19 6 23 12 19 207 2012 911 Hang-ups 19 13 14 8 8 8 11 14 16 24 16 12 163 2011 911 Hang-ups 30 17 9 24 25 20 17 14 20 8 11 19 214

2020 911 Mis-dials 28 23 27 20 19 22 34 42 14 18 33 280 2019 911 Mis-dials 21 15 13 27 26 29 16 22 13 11 19 19 231 2018 911 Mis-dials 10 15 13 14 13 17 22 17 10 12 17 19 179 2017 911 Mis-dials 6 18 8 8 14 20 3 14 11 10 5 17 134 2016 911 Mis-dials 13 8 8 10 18 15 15 20 6 10 18 10 151 2015 911 Mis-dials 15 24 18 13 16 7 14 17 16 16 15 10 181 2014 911 Mis-dials 24 24 18 13 13 22 14 19 16 15 11 12 201 2013 911 Mis-dials 6 6 8 9 11 6 11 9 17 14 5 7 109 2012 911 Mis-dials 8 6 8 6 9 8 5 11 6 3 8 3 81 2011 911 Mis-dials 4 3 6 6 10 4 2 7 5 5 8 8 68

71 Madison County E-911 Monthly Report 6.

2020 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year Totals

2020 911 Open Lines 14 29 19 23 8 21 32 29 18 19 20 232 2019 911 Open Lines 12 6 14 10 10 20 23 27 25 29 19 16 211 2018 911 Open Lines 8 11 14 11 32 26 36 31 17 24 29 16 255 2017 911 Open Lines 6 14 15 18 10 21 24 9 19 17 12 10 175 2016 911 Open Lines 6 12 11 7 14 20 27 23 14 10 9 11 164 2015 911 Open Lines 14 18 26 18 28 20 13 16 11 13 10 7 194 2014 911 Open Lines 23 22 17 29 27 26 38 31 25 17 18 10 283 2013 911 Open Lines 5 8 2 6 3 8 7 7 4 8 4 16 78 2012 911 Open Lines 3 5 1 6 2 6 4 4 5 5 2 6 49 2011 911 Open Lines 4 3 6 3 4 3 3 7 5 8 4 1 51

Administrative Calls Inbound 2,190 2,050 2,157 1,986 2,147 2,364 2,162 2,118 2,263 2,326 2,026 23,789 Administrative Calls Outbound 1,541 1,656 1,512 1,400 1,499 1,586 1,517 1,594 1,474 1,526 1,317 16,622 Total Calls IN/OUT (911 & Admin) 4,181 4,117 4,040 3,750 3,976 4,383 4,237 4,258 4,204 4,359 3,804 0 45,309

2020 Alarm Calls 32 24 26 19 23 22 20 16 30 24 24 260 2019 Alarm Calls 14 15 13 21 31 26 29 20 24 25 34 26 278 2018 Alarm Calls 23 21 29 17 36 34 22 20 20 27 28 12 289 2017 Alarm Calls 35 71 24 33 40 37 27 26 25 24 21 17 380 2016 Alarm Calls 45 18 38 24 31 21 24 28 24 25 25 46 349 2015 Alarm Calls 27 26 26 22 44 28 30 32 27 34 38 23 357 2014 Alarm Calls 25 18 17 28 30 26 36 14 17 25 28 28 292 2013 Alarm Calls 15 12 22 22 25 23 17 23 19 18 23 28 247 2012 Alarm Calls 20 20 18 25 21 23 18 11 21 19 21 19 236 2011 Alarm Calls 11 30 27 22 26 41 27 18 23 20 18 13 276

2020 Animal Calls 52 50 58 61 51 69 42 25 43 41 37 529 2019 Animal Calls 56 41 49 44 63 59 77 45 40 44 59 55 632 2018 Animal Calls 62 44 63 66 67 64 43 34 48 60 66 61 678 2017 Animal Calls 59 105 87 73 81 71 63 56 61 74 59 61 850 2016 Animal Calls 64 58 75 60 97 70 64 50 75 92 101 65 871 2015 Animal Calls 58 46 55 80 69 61 76 58 45 75 67 64 754 2014 Animal Calls 58 30 81 64 72 80 82 84 64 79 55 80 829 2013 Animal Calls 53 51 49 55 95 60 80 75 74 67 67 32 758 72 2012 Animal Calls 55 58 82 64 65 80 61 71 87 56 64 55 798 2011 Animal Calls 69 41 80 69 69 73 83 64 73 73 81 76 851 Madison County E-911 Monthly Report 6.

2020 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year Totals

2020 Rescue Calls 185 132 123 98 107 133 169 165 129 172 145 1,558 2019 Rescue Calls 134 117 148 164 157 177 149 136 158 178 168 171 1,857 2018 Rescue Calls 173 156 154 133 169 177 165 142 173 185 198 146 1,971 2017 Rescue Calls 161 130 173 179 183 160 178 185 187 161 137 167 2,001 2016 Rescue Calls 184 163 168 157 166 186 167 157 153 150 133 148 1,932 2015 Rescue Calls 159 156 169 164 162 151 179 167 169 173 173 151 1,973 2014 Rescue Calls 158 145 162 143 168 151 188 157 181 200 150 158 1,961 2013 Rescue Calls 173 133 171 176 175 143 210 163 170 171 133 151 1,969 2012 Rescue Calls 142 137 173 154 183 170 167 154 146 172 146 159 1,903 2011 Rescue Calls 174 119 159 148 178 151 152 159 161 181 181 141 1,904

2020 Fire Calls 41 41 32 21 30 32 37 37 18 27 30 346 2019 Fire Calls 18 22 40 39 21 33 29 25 21 34 40 35 357 2018 Fire Calls 51 25 89 38 39 43 50 33 33 68 51 30 550 2017 Fire Calls 22 35 44 37 46 54 31 30 35 38 33 26 431 2016 Fire Calls 39 33 24 26 27 42 40 35 29 48 48 50 441 2015 Fire Calls 56 56 51 43 29 18 25 36 40 31 53 38 476 2014 Fire Calls 34 40 49 36 38 33 40 25 36 44 34 29 438 2013 Fire Calls 42 30 64 33 32 26 24 27 23 33 30 44 408 2012 Fire Calls 29 27 32 40 29 60 36 24 26 38 24 26 391 2011 Fire Calls 49 59 27 31 31 33 46 37 29 35 35 24 436

73 Madison County E-911 Monthly Report 6.

2020 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year Totals

2020 Auto Accidents 46 35 21 15 33 33 44 31 25 51 53 387 2019 Auto Accidents 32 22 24 38 31 42 33 19 44 60 64 43 452 2018 Auto Accidents 43 32 26 21 29 35 33 34 26 66 95 73 513 2017 Auto Accidents 41 69 45 47 39 43 30 37 59 46 39 26 521 2016 Auto Accidents 44 42 38 29 38 43 44 45 37 68 89 74 591 2015 Auto Accidents 70 46 48 20 40 29 27 36 42 54 66 36 514 2014 Auto Accidents 55 32 54 36 38 39 34 33 29 66 50 45 511 2013 Auto Accidents 34 24 49 37 39 31 23 21 43 51 66 60 478 2012 Auto Accidents 28 37 19 30 27 46 29 35 30 39 56 62 438 2011 Auto Accidents 76 30 28 29 29 31 29 22 28 53 58 41 454 2010 Auto Accidents 38 61 32 37 40 47 45 30 30 54 51 51 516

2020 Law Enforcement Calls 1,004 906 857 553 738 678 744 824 736 747 661 8,448 2019 Law Enforcement Calls 960 921 1,042 1,137 1,024 1,075 1,102 1,163 1,039 1,115 938 877 12,393 2018 Law Enforcement Calls 940 819 1,041 952 1,188 1,069 1,049 966 880 976 988 980 11,848 2017 Law Enforcement Calls 950 925 1,029 942 982 1,070 985 1,055 1,060 1,080 984 902 11,964 2016 Law Enforcement Calls 872 855 1,012 955 1,021 983 1,109 1,299 1,097 1,111 1,077 967 12,358 2015 Law Enforcement Calls 916 880 992 994 1,130 963 989 1,148 1,031 1,038 917 912 11,910 2014 Law Enforcement Calls 1,048 862 1,051 957 1,016 1,156 1,179 1,344 1,194 1,199 1,222 922 13,150 2013 Law Enforcement Calls 965 988 1,077 1,096 1,059 1,103 979 1,070 954 1,046 1,040 995 12,372 2012 Law Enforcement Calls 975 1,043 990 898 1,060 957 1,072 1,057 1,039 1,096 1,053 1,049 12,289 2011 Law Enforcement Calls 969 835 1,025 984 989 874 1,010 848 835 969 960 984 11,282 2010 Law Enforcement Calls 848 813 1,149 1,068 1,086 992 1,071 1,127 1,067 1,008 965 1,013 12,207 2009 Law Enforcement Calls 919 812 851 1,096 1,132 1,071 1,051 1,103 1,073 1,128 994 882 12,112 2008 Law Enforcement Calls 897 839 872 801 849 885 965 915 1,056 1,008 843 774 10,704

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Madison County Economic Development and Tourism Dept 110 N Main St. Madison, VA 22727 540-948-7560 [email protected]

December 1, 2020

• Thanks to Spruce Rock Farm in Brightwood for providing our Tree, Aylor’s Garage and Towing for transporting and Roger Berry and crew, for placing and putting up lights and decorations again this year. There won’t be a Tree Lighting ceremony or parade, but Town will look magical again this year. • The latest WanderLove video by M.A.P Drones featuring fall foliage https://youtu.be/GLnea2SQy6A had reached over 16,000 people and 141 shares after only 5days before boosting it. • I nominated Over the Top Chef, Catch the Chef and Cake Krums early on in the pandemic for a Cardinal Comeback series VEDA was doing and they shared it yesterday via social media.(attached) • Attending VEDA zoom and Tourism zoom meetings Wednesday, Dec 2nd • Revalation and AFID Grant – awaiting Performance Agreement from VADACS. • October had about 60 new walk ins and 5800 website views, November had 54 walk ins 4858 website views. • Brochure is being reprinted. It had been finalized then reworked due to Covid • Participated in Quad County Summit on November 17th • Crafting a New Normal info and webinars • IDA meeting scheduled for Monday, December 7th regarding Woodberry • CIC is currently beginning to collect receipts for Recovery Grants • Also attached, Real Estate stats from Greater Piedmont Realtors, Kevin McHaney is President this year.

Respectully submitted,

Tracey

Attachments: VEDA Cardinal Comeback story & Greater Piedmont Realtors October info

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CARDINAL COMEBACK // Over the Top Chef, Catch the Chef, and Cake Krums donated hundreds of meals for local children during the beginning of the COVID-19 shutdown. Today, as part of our CARDINAL COMEBACK series recognizing inspiring efforts by businesses to COME BACK after COVID-19, we salute Over the Top Chef, Catch the Chef, and Cake Krums!

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Emergency Management Report November 2020

Significant incidents

Swift water rescue, Jacks Shop Rd

Missing person search, Moonlight Mountain

Meetings and correspondence

Continuous almost daily discussions with VDH and VDEM related to Covid -19 issues:

Anticipated surge of infections through the holidays into early next year.

PPE supply and distribution

Evacuation / Sheltering planning for folks that are quarantining

Preparing for vaccine distribution for long term care facilities, health care workers, 1st responders.

Assisted MEMS with hiring and promotional process.

John Sherer

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Madison County Department of EMS Noah Hillstrom, EMS Chief 1494 N. Main St., Madison VA, 22727 Phone: 540-948-4813 Fax: 540-948-4821

December 3, 2020 MONTHLY REPORT TO THE MADISON COUNTY BOARD OF SUPERVISORS

EMS Calls: November 1 through November 30, 2020:

Total calls toned: 113 Average In-County response time to the scene: 10 minutes. Additional reports beyond the total calls and response times are available upon request.

Personnel

Recruitment is ongoing to fill our two FTE vacancies.

Deputy Chief Helme is orienting well to his new position.

Lieutenant Hamm is orienting well to his new position.

Annual employee evaluations are underway.

Generator Installation

The station generator project is now complete.

Apparatus Update

Response 1(F-250 pickup) and Chief car (Tahoe) will be picked up on 12/4/20.

M-30 (ambulance) final inspection and pick up will occur 12/9-12/11 in Fort Wayne, Indiana.

M-40 (ambulance) on target for completion/delivery mid-January 2021.

It takes several weeks on average upon delivery of new apparatus to be prepped and fully in service.

MCRS

Two evening orientation sessions for MCRS members on the accelerated track were held on 11/12/20 and 11/19/20. Deputy Chief Helme and I have been working closely with Chief Dodson on getting MCRS members oriented.

MCRS MOU final signatures were received on 12/3/20.

80 6.

Medicaid

Applications Processed On-going Cases Number of People 2019 July 87 1920 2375 August 85 1949 2407 September 76 1969 2434 October 71 1989 2465 November 88 2007 2478 December 101 2068 2547

2020 January 82 2057 2545 February 70 2060 2550 March 77 2088 2579 April 72 2147 2648 May 51 2173 2690 June 49 2189 2718 July 54 2196 2737 August 48 2198 2740 September 46 2206 2760 October 61 2210 2765 November 55 2236 2790 Orange 192 XXX XXX Culpeper Co. 271 XXX XXX Greene Co. 88 XXX XXX

81 6.

SNAP Applications Dollar Amount On-going People Received Issued cases 2019 July 26 $87,346.00 404 849 August 37 $81,068.00 388 814 September 29 $84,953.00 389 832 October 35 $92,649.00 395 873 November 30 $90,835.00 399 878 December 29 $96,954.00 417 918

2020 January 28 $92,160.00 412 916 February 21 $90,313.00 408 904 March 48 $156,528.00 417 925 April 53 $171,179.00 452 998 May 18 $175,312.00 459 1020 June 10 $170,761.00 453 1004 July 25 $168,722.00 452 993 August 40 $167,355.00 450 988 September 31 $164,149.00 447 962 October 35 $168,727.00 428 925 November 33 $168,387.00 422 914 Orange Co. 131 $572,049.00 1442 3121 Culpeper 184 $752,244.00 1884 4106 Greene Co. 49 $324,161.00 776 1782

82 6.

General Auxiliary Yr/Mo Relief Grants

Applications On-going Applications On-going Received Cases Amount Paid Received Cases Amount Paid 2019 June 0 0 $0.00 0 2 $1,108.00 July 2 0 $1,000.00 0 2 $1,108.00 August 0 0 $0.00 0 2 $1,158.00 September 0 0 $0.00 0 2 $1,158.00 October 0 0 $0.00 1 3 $1,259.00 November 0 0 $0.00 0 3 $1,259.00 December 0 0 $0.00 0 3 $1,250.00

2020 January 0 0 $0.00 0 3 $1,250.00 February 0 0 $0.00 0 3 $1,250.00 March 0 0 $0.00 0 3 $1,250.00 April 0 0 $0.00 0 3 $1,250.00 May 0 0 $0.00 1 3 $1,250.00 June 1 0 $0.00 1 3 $1,250.00 July 0 0 $0.00 0 3 $1,250.00 August 0 0 $0.00 0 3 $1,250.00 September 0 0 $0.00 0 3 $ 1,250.00 October 0 0 $0.00 0 3 $ 1,250.00 November 1 0 $0.00 0 3 $ 1,250.00

83 6.

TANF ( Temporary Assistance to Needy Families )

Applications Active on- Mo/Yr Received going Amount 2019 August 2 8 $1,813.00 September 0 8 $1,632.00 October 9 9 $2,323.00 November 5 11 $2,809.00 December 3 9 $2,323.00

2020 January 6 10 $2,612.00 February 1 11 $2,478.00 March 0 11 $2,478.00 April 6 12 $2,767.00 May 1 14 $3,582.00 June 2 14 $3,978.00 July 3 12 $6,963.00 August 5 12 $4,099.00 September 4 10 $3,927.00 October 5 10 $3,927.00 November 5 11 $4,467.00

84 Draft November 25, 2020 7.

MADISON COUNTY’S POSITION ON LEATHERS LANE

The Madison County Board of Supervisors has reviewed the material provided by citizens interested in the road situation at Leathers Lane, and has received input from a number of citizens of the County.

The Board wishes to thank the residents who have submitted their comments and provided input to the County.

The critical documents the County has reviewed include Judge Daniel Bouton’s opinion letter dated November 20, 2017, which articulated the responsibilities among the parties related to the road. The County makes the following comments:

1. The County is the owner of the land upon which the road is situated. The County's ownership of the land is subject to the Dedication and the Deed of Dedication of the streets and rights-of-way shown on the Deed of Dedication recorded in Deed Book 108, page 212, of the Madison County Circuit Court Clerk's Office.

2. The County shall NOT be requested to take any of the roads in Syria Mountain Estates into the highway system unless and until the lot owners and proprietors have brought the streets up to the specifications of the Virginia Department of Highways. [Emphasis supplied.]

3. The streets have never been built to the standards of the state highway system. Accordingly, neither the owners of the properties in the subdivision, nor the proprietors who develop the subdivision have the right to request that Madison County bring the roads into the state highway system.

4. The County does NOT believe that Virginia Code Section 55-50.3 applies in this matter. Section 55-50.3, by its terms, applies “whenever a public road that has never been abandoned but is NO LONGER” publicly maintain services as access for more than one property owner.

5. The County believes that the Courts would impose a strict reading on Section 55-50.3, and, therefore, the statute only applies to roads that were once publicly maintained. All of the parties in this matter recognize that Leathers Lane has never been publicly maintained.

6. The County will NOT make improvements or repairs on any roads that are not in the state highway system. Since the institution of the Byrd Act, Madison County has not provided such improvements for any roads in the County that are not State maintained, and Madison County chooses not to engage in this process for Leathers Lane.

7. As the owner of the underlying land, Madison County reserves the right to exercise its ownership interests in the road by confining the actual roadway to its present condition and location. Madison County likewise reserves the right to prohibit any repairs or modifications to the roadway. If anyone makes such improvements, without the prior written consent of the

85 Draft November 25, 2020 7.

Madison County Board of Supervisors, may be subject to criminal prosecution.

8. Madison County commends the residents in the subdivision for the current state of repair of the road. Madison County hopes that the residents in the area can work together to resolve any disputed issues.

9. Moving forward, Madison County articulates the following standards for any modifications to Leathers Lane, applicable to ALL RESIDENTS.

a. Any such modifications to Leathers Lane shall meet applicable Virginia Department of Transportation guidelines for a public road. This way, any additional development will avoid the issues present today.

b. No private citizen shall have the right to change the existing road.

c. Madison County reserves its authority as the owner of the underlying land and is not relying on the provisions of Virginia Code Section 55-50.3, discussed above.

d. Any Resident or property owner wishing to make improvements or repairs to the road shall submit a proposal for such to the Madison County Administrator’s office. The proposal must be written and contain an appropriate articulation of the scope of work, the areas where the work would be done, the name of the contractor (if any) who would do the work and a schedule for when the work would be done. The Applicant shall distribute the proposal, by e-mail and certified mail, to all Residents. and property owners in the Syria Mountain Estates Subdivision via email for review and comment. . Any Resident or property opposing the repairs and improvements shall likewise submit a written response to the Proposal via email by the deadline provided. The Board of Supervisors will consider the request to approve improvements during its first regular meeting after it has reviewed the Proposal and the responses to it.but may delay action pending receipt of additional information or other bona fide reason.

e. The revocable license previously granted to Residents in earlier versions of this Position Statement is hereby revoked. Madison County shall NOT be responsible for reimbursing any costs related to these actions. Madison County further requests that the neighbors develop a plan going forward to continue the maintenance of the road. Any resident may plow snow on the road.

f. No resident shall erect any signs on the property owned by Madison County, and any such signs shall be removed.

10. Madison County is grateful that the residents have maintained the area between the roadway and their respective property line, and the County encourages the residents to continue to do so. The County hereby advises the neighbors in Syria Mountain Estates to police the area abutting their individual property line and extending to the road. The County discourages anyone conducting any maintenance beyond the immediate area of their property line, and the County will consider any abuse of this license to be trespassing.

86 Draft November 25, 2020 7.

11. The County would be willing to convene a meeting of the homeowners affected by the use of Leathers Lane, in an effort to restore the tranquility that has characterized this area for so long. The County is under no obligation to do so, but wanted to make this option known.

Z:\Madison County Attorney Substitution for Shackelford\2018.08.01 Madison County's Position on Leathers Lane.rtf

87 MADISON COUNTY BOARD OF SUPERVISORS AGENDA ITEM STAFF REPORT 8. MEETING DATE: December 8, 2020

AGENDA TITLE: Consideration: Whidby Proposal for Leathers Lane Maintenance

INDICATED MOTION(s): N/A

STAFF LEAD: County Administrator Jack Hobbs TIMING: Discussion following a dismissed lawsuit resulted in the Board issuing a position statement on the Leathers Lane (Syria Mountain Estates) maintenance matter on August 9, 2018. Since then the area residents have provided routine light maintenance to the roadway. On September 22, 2020 a proposal for a more significant maintenance effort was presented to the Board and subsequently approved. Following the discussion suspending all licenses to maintain the road on November 10, 2020, a second heavy maintenance effort proposal was received on November 12, 2020 (and revised last on November 30, 2020) from Darryl Whidby was received.

DISCUSSION The revised Whidby proposal contains the scope of work and a map and names a contractor per the November 24 Board discussion. Ongoing maintenance (i.e. raking gravel to fill ruts and potholes), cutting roadside grass and plowing snow are still open issues.

The Whidby proposal has been transmitted via email to lot owners in the subdivision. Returned comments will be compiled just before the December 8 Board meeting, but an emerging concern is that some may ask for additional time to review the proposal.

A further complication is ensuring that the Board’s decision on the Whidby application conforms to any revised position statement the Board adopts on the Leathers Lane matter.

FISCAL IMPACT: N/A REFERENCES: N/A HISTORY: N/A RECOMMENDATION: Extend the deadline for comments, require all comments to be returned to the County Administrator’s office in writing via mail or email by December 28, 2020 and direct the staff to prepare a recommendation for consideration by the Board in January.

ENCLOSURES:  November 30, 2020 proposal from Whidby  Draft revised (UNAPPROVED) Board of Supervisors statement on Leathers Lane, November 25, 2020 edition

88 8.

November 30, 2020

Mr. Hobbs, Mr. Gregg, and the Board of Supervisors,

This is the road proposal for work on Leathers Lane by the Whidby's, owners of Lot 20 and 18 of Syria Mountain Estates. The work is for laying gravel by the following:

1. Scope:

a. Install “#57” gravel on the portions of Leathers Lane described below.

b. There will be no digging/grading or other road changing work.

c. There will be no pipe replacement or installation.

d. The labor, machinery and materials for the work proposed would be funded by the Whidby's (i.e. not the County).

2. Schedule:

a. The laying of the gravel work will wait until after winter and the Hoffman work is completed to prevent damage by Hoffman work, due to heavy equipment travel on the fresh laid gravel.

b. Work schedules and inspection will be coordinated with Matt Aylor ([email protected]; 540/948-7514).

3. Work Zone:

a. Work will be done (a) in front of lot 20 and (b) from the VDOT-maintained portion of Leathers Lane to the driveways serving dwellings at Lots 1 and 22 per the attached map.

4. Means and Methods:

a. The gravel will be procured from a quarry, hauled and placed by William Bazzle (General Hauling Sand and Gravel, 1031 Arrington Mountain Rd; Haywood, VA 22722; 540/923-4210).

b. The laid gravel would be spread and “touched” up by the Whidby's of the dwelling at Lot 20 using pesonal lawn tractor rake and hand rakes/shovels.

c. Ingress and egress by property owners, residents and emergency services vehicles will not be impeded during any work.

5. Ongoing Maintenance

a. After the installation, any maintenance to the two areas identified that does not involve

89 8. hand rakes and shovels used by the residents of the dwelling on Lot 20 will require additional County approvals. b. In case of emergency, snow removal will be done by the Whidby's, instead of hiring someone, from Lot 20 to the state road.

Thank you,

The Whidby's

90 8.

Whidby “Entrance”

Lenhoff “Area 1” TM# OWNER'S NAME Street # Street 14A(1)-1 GOODELL, BRIAN S 299 LEATHERS LANE 14A(1)-2 SHARPLEY, THOMAS R SR OR CATHERINE V 14A(1)-3 SHARPLEY, THOMAS R SR OR CATHERINE V 14A(1)-4 BEVERIDGE, JOHN M & HOLLY ASHER, TRUSTEES 415 LEATHERS LANE 14A(1)-5 BEVERIDGE, JOHN M & HOLLY ASHER, TRUSTEES 14A(1)-6 BARTYS, THOMAS SR Whidby 14A(1)-7 BARTYS, THOMAS SR “Lot 20” 14A(1)-8 OH MY BRAIN INC 14A(1)-9 ANDERSON, STACY L OR CHESSER, BARBARA K 419 LEATHERS LANE 14A(1)-10 ANDERSON, STACY L OR CHESSER, BARBARA K 14A(1)-11 LENHOFF, BRIAN D OR CHARLOTTE C 14A(1)-12 LENHOFF, BRIAN D OR CHARLOTTE C 603 LEATHERS LANE 14A(1)-13 LENHOFF, BRIAN D OR CHARLOTTE C 14A(1)-14 CHESSER, BARBARA K OR ANDERSON, STACY L 14A(1)-15 HOEHN, ANDREW R OR ROBIN M 14A(1)-16 HOEHN, ANDREW R OR ROBIN M 421 LEATHERS LANE Kirby 14A(1)-16A CEMETERY “Area 2” 14A(1)-17 LAIN, JOHN L & MARIA D TRUSTEES 495 LEATHERS LANE 14A(1)-18 WHIDBY, DARRYL EVANS OR JACKIE SUE 14A(1)-19 CERNIGLIA, JEANNE 597 LEATHERS LANE 14A(1)-20 WHIDBY, DARRYL E OR JACKIE C/0 MESA 450 LEATHERS LANE 14A(1)-22 GULAS, JOSEPH M OR WALTON, KAREN L 338 LEATHERS LANE 14-13 KIRBY, JOHN FREDERICK OR SHERRY MUIR 604 LEATHERS LANE 0

Syria Mountain Estates Lot Configuration and Ownership as of November 18, 2020 91 MADISON COUNTY BOARD OF SUPERVISORS AGENDA ITEM STAFF REPORT 9. MEETING DATE: December 8, 2020

AGENDA TITLE: Consideration: Madison County Administration Center Renovation Contract Award

INDICATED MOTION(s): I move to authorize the County Administrator to execute a construction contract for the Madison County Administration Center Renovation Project with Clark Nexson Construction Services, Inc. with a total contract value not to exceed ______.

STAFF LEAD: County Administrator Jack Hobbs TIMING: Over the past year the County has brought on an architectural consultant, worked through a project design, secured financing and processed two rounds of construction contractor procurement to advance the County Administration Center Renovation Project. Since the construction bids came in over budget, negotiations with the apparent low bidder (Clark Nexsen) were started. A lower net figure should be available in time for discussion at the Board meeting, but expectations are that the figure will still be higher than funds budgeted.

The architect has vetted Clark Nexsen and found the company to be an acceptable bidder, so the only “hitch” in the program is the budget overrun.

DISCUSSION All items are generally in order for this project to be moved forward, and the Board’s contract award is the next step. This is a significant County project in more aspects than financial. In addition to construction there will be a series of logistical items to contend with such as:  monitoring and managing construction,  relocating meetings of the Board of Supervisors and other bodies away from the Board Auditorium while construction work is active in that building,  following up with budget adjustments that reflect contract values for construction, architect, IT and HVAC elements,  completing IT (i.e. phone, internet and computer moves and installations) and audio/visual items in coordination with the contractor,  moving four county offices on the existing campus and two from Thrift Road, and  disposing of the Thrift Road property. FISCAL IMPACT: Per the budget and any budget overrun. REFERENCES: N/A HISTORY: This project has been on the County’s “wants and needs” list for many year. RECOMMENDATION: Pending receipt of additional information between this writing and the meeting, including agreement on value engineering items, consider approving the indicated motion.

ENCLOSURES:  Total project cost estimate (per the pre-negotiated Clark Nexsen bid)  Architect’s recommendation with bid tabulation  Clark Nexsen bid

92 9. County Administration Center Renovation Project 12/4/2020 Project Cost Estimate PRELIMINARY $1,100,000 Prime Contractor Clark Nexsen bid (no add alternates) $55,000 Contingency 5% of construction base bid

$79,030 Architect, design phase $6,000 Architect, procurement phase $6,000 Architect, seciond procurement procedure $24,700 Architect, construction phase

$35,000 Audio/Visual Equipment Equipment & installation TBD IT (telephones, data, etc.) No scope of work or estimate available; assume this will be paid with IT funds $1,305,730 Total Project

Sources of Funds $1,197,000 Funds available in FY21 Budget

$35,000 A/V equipment & installation funding from IT budgets

TBD IT funding from IT budgets $1,232,000 Total funding available

$73,730 Funding Deficit

Note: This is per the bid submitted and does not reflect any negotiation with Clark Nexsen.

93 12/4/2020 County Administration Center Renovation Project Anticipated Consulting Fees

$ 2,600 Asbestos sub Asbestos survey (assumes asbestos not present) $ 12,000 NSA Base Services Schematic design $ 12,000 NSA Base Services Design development $ 21,000 NSA Base Services Construction document production $ 430 Insurance Increased professional liablity insurance to $500k/$1.0MM (prorated to April 2020) $ 22,500 MEP sub Design services $ 3,400 MEP sub Construction contractor procurment support $ 2,500 Structural sub Structural engineering fees $ 2,100 Insurance Annual insurance premium starting May 2020 $ 500 NSA & Other Printing charges (adjusted down from $2,500 estimated earlier) $ 79,030 Subtotal, Design Phase

$ 6,000 NSA Base Services Construction contractor procurement $ 6,000 Subtotal, First Procurement Phase

$ 6,000 Rebid Construction contractor procurement $ 6,000 Subtotal, Second Procurement Phase

$ 9,200 NSA Construction administration (post construction contract award) $ 3,400 MEP sub Construction administration support (post construction contract award) $ 2,100 Insurance Annual insurance premium (after April 2021) $ 10,000 NSA Contingency for construction management services $ 24,700 Subtotal, Construction Phase

$ 115,730 Total Consulting Fees 94 9. 9.

From: Norman Smith To: Jack Hobbs; Roger Berry Cc: "Rich Zubyk. Subject: 19679- madison county- recommendation on bidder Date: Tuesday, December 1, 2020 11:27:33 AM Attachments: 19679-bid tabulation form-113020.pdf 19679-low bidder reference interviews-113020.pdf Madison County VE Log.xlsx

Jack,

After careful consideration and review, our recommendation to the Madison County Board of Supervisors is to designate Clark Nexsen Construction Services, Inc. (CN) as the responsible low bidder and to proceed to negotiating and signing a contract with them for the Madison County Administration Center Renovation Project. We make this recommendation based on the following information: 1. CN’s construction cost was the lowest of all of the bidders; see the attached tabulation 2. There were no discrepancies or missing information in their bid package; see the attached interview notes 3. CN’s references adhered to the bid guidelines and were satisfactory in their responses; see the attached interview notes 4. We also performed a brief internet search using keywords to help us identify any complaints or other similar issues that would affect the selection and none were identified; see the attached interview notes

In addition to the above, and per our two telephone conversations with CN, you and Roger Berry, CN is currently and actively participating with us and the County in VEg ( Value Engineering) parts of the project to reduce the cost and we plan on continuing this VE process to get the final construction cost as close as possible to the County’s stated budget. A copy of the current, in-progress VE excel file is attached for your information.

Thank you,

Norman Smith, AIA, LEED AP

NORMAN SMITH ARCHITECTURE Washington, DC Office: 1341 H Street, NE Washington, DC 20002-4406 T 202.462.5886, x 240

Virginia Office 3637 Slate Mills Road Sperryville, VA 22740-2410 T 202.462.5886 x240 or 540.547.4839 [email protected] www.normansmitharchitecture.com

95 MADISON COUNTY ADMINISTRATION CENTER RENOVATION PROJECT MADISON COUNTY BID TABULATION FORM BIDS OPENED PUBLICALLY AT 2PM, NOVEMBER 20, 2020, 414 NORTH MAIN STREET, MADISON, VA

AD'M BID NO. BIDDER NAME BASE BID AV/IT TOTAL OF BASE BID AND AV/IT #7 BOND AC'T

1 SYNCHRONIZED CONSTRUCTION $1,173,000

2 DOMINION CONSTRUCTION GROUP $1,538,000

3 MARION ENTERPRISES, INC. $1,154,090

4 TRINITY CONSTRUCTION GROUP, INC. $1,296,163

5 TAFT CONSTRUCTION INC. $1,165,000

6 CLARK NEXSEN CONSTRUCTION SERVICES, INC. $1,100,000 X X

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106 Date enclosed denotes Holiday. 10. MADISON COUNTY FY22 BUDGET CALENDAR Color denotes meeting day.

DATE DESCRIPTION TIME/LOCATION S M T W T F S 8-Dec Regular Board of Supervisors Meeting 4 PM, 414 N. Main Street December 2020 8-Dec Approve budget timetable 1 2 3 4 5 11-Dec Issue budget request instructions to nonprofits, external agencies and County departments 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

4-Jan Organizational Meeting 9 AM, 414 N. Main Street S M T W T F S 6-Jan Board Planning Session (before the meeting) 5 PM, 414 N. Main Street January 2021 6-Jan Planning Commission & BOS Meetings 7 PM, 414 N. Main Street 1 2 12-Jan Board of Supervisors Meeting 4 PM, 414 N. Main Street 3 4 5 6 7 8 9 12-Jan Written budget requests due 10 11 12 13 14 15 16 21-Jan Outside agency and nonprofit organization budget presentations 2 PM, Fire Department 17 18 19 20 21 22 23 26-Jan Board of Supervisors Meeting 6 PM, 414 N. Main Street 24 25 26 27 28 29 30 26-Jan Review FY20 CAFR & FY21 YTD performance 31 28-Jan County departments budget presentations 2 PM, Fire Department

3-Feb Planning Commission & BOS Meetings 7 PM, 414 N. Main Street S M T W T F S 4-Feb Social services and other budget presentations 2 PM, Fire Department February 2021 9-Feb Board of Supervisors Meeting 4 PM, 414 N. Main Street 1 2 3 4 5 6 11-Feb Revenue estimates, refine goals/priorities, review draft CIP 2 PM, Fire Department 7 8 9 10 11 12 13 23-Feb Board of Supervisors Meeting 6 PM, 414 N. Main Street 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

3-Mar Planning Commission & BOS Meetings 7 PM, 414 N. Main Street S M T W T F S 8-Mar School Board budget meeting March 2021 9-Mar Board of Supervisors Meeting 4 PM, 414 N. Main Street 1 2 3 4 5 6 9-Mar Review school board request; review draft budget 7 8 9 10 11 12 13 18-Mar Review full draft budget; authorize public hearings 2 PM, Fire Department 14 15 16 17 18 19 20 23-Mar Board of Supervisors Meeting 6 PM, 414 N. Main Street 21 22 23 24 25 26 27 28 29 30 31

1-Apr Advertise public hearing S M T W T F S 7-Apr Planning Commission & BOS Meetings 7 PM, 414 N. Main Street April 2021 13-Apr Board of Supervisors Meeting 4 PM, 414 N. Main Street 1 2 3 13-Apr Budget hearing 4 5 6 7 8 9 10 15-Apr Deadline to transmit RE tax rate to Treasurer/Commissioner of the Revenue 11 12 13 14 15 16 17 27-Apr Board of Supervisors Meeting 6 PM, 414 N. Main Street 18 19 20 21 22 23 24 27-Apr Final adjustments/Budget approval 25 26 27 28 29 30

1-May Deadline for BOS to approve SB budget (or 30 days after receipt of estimates of state funds if later) S M T W T F S 5-May Planning Commission & BOS Meetings 7 PM, 414 N. Main Street May 2021 11-May Board of Supervisors Meeting 4 PM, 414 N. Main Street 1 25-May Board of Supervisors Meeting 6 PM, 414 N. Main Street 2 3 4 5 6 7 8 25-May Budget appropriation vote 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

2-Jun Planning Commission & BOS Meetings 7 PM, 414 N. Main Street S M T W T F S 8-Jun Board of Supervisors Meeting 4 PM, 414 N. Main Street June 2021 22-Jun Board of Supervisors Meeting 6 PM, 414 N. Main Street 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

107 MADISON COUNTY BOARD OF SUPERVISORS AGENDA ITEM STAFF REPORT 11. MEETING DATE: December 8, 2020

AGENDA TITLE: Consideration: Bridge Replacement on Repton Mill Road at Beautiful Run

INDICATED MOTION(s): I move to authorize the Chairman to send a letter to VDOT regarding the agency’s plan to replace the bridge over Beautiful Run on Repton Mill Road/SR 607 to the effect that: 1. The County concurs with the VDOT plan for the project, specifically the road closure and lack of bicycle/pedestrian facilities, 2. The County requests that VDOT verify that the bridge has been designed to sufficiently carry fire apparatus, school bus and farm equipment loading, 3. VDOT is reminded of it’s responsibility to comply with floodplain construction permit and approval requirements and 4. VDOT is requested to closely coordinate the road closure with the County’s Emergency Communications and the school board transportation office.

STAFF LEAD: County Administrator Jack Hobbs TIMING: It appears that the bridge on SR60/Repton Mill Road at Beautiful Run has been deteriorating for some time such that it has been determined to be “structurally deficient”. A request for County “concurrence” with VDOT’s project plan was received on December 1, 2020 was routed to the County’s public safety team and school administration for comment. VDOT plans to do the construction in the August 2021 time frame.

DISCUSSION This project, led and fully funded by VDOT and constructed with state forces (as opposed to a contractor), would replace bridge abutment elements and the superstructure. The new “prefabricated” bridge would be 22’ wide (slightly wider than the existing structure) which would require Repton Mill Road to be closed to through traffic during construction. Per the report, “.”There will be no designated bicycle lanes, pedestrian path or shared use paths for this project due to the scarcity of population, travel, and attractors, both existing and future.”

Growth in that part of Madison County that would affect traffic patterns is anticipated to be very low.

Comments from County staff have been woven into the recommended motion above.

FISCAL IMPACT: N/A REFERENCES: N/A HISTORY: N/A RECOMMENDATION: Pending comments received between this writing and the meeting, pass the indicated motion.

ENCLOSURES:  December 1, 2020 email from VDOT requesting County comments  VDOT project pre-scoping narrative (undated)

108 11.

From: Shepheard, Carrie To: Jack Hobbs Subject: Route 607 Repton Mill Road over Beautiful Run Superstructure Replacement Date: Tuesday, December 1, 2020 4:06:51 PM Attachments: Revised Prescoping Narrative for 0607-056-6005_SR01.pdf

Mr. Hobbs, We are planning to replace the superstructure for a bridge on Route 607 over Beautiful Run in late summer 2021. I attached a document with a map showing the exact location and additional information about the project. We'd like the County's concurrence on our plan, specifically in relation to the road closure and the lack of bicycle/pedestrian facilities. Here are a few additional important notes:

-The existing timber deck bridge superstructure will be replaced with a precast concrete slab superstructure of similar width. -The road will be closed at the bridge during construction. The detour length is approximately 5.9 miles. -Construction is tentatively scheduled for mid-August, 2021 and the duration is about 1 month. -Coordination for school bus routes may be required.

Please let me know if you have any questions or if you need anything else from me.

Thanks, Carrie

Carrie Shepheard, PE Resident Engineer

VDOT Charlottesville Residency 701 VDOT Way Charlottesville, VA 22911 (434) 422-9779 [email protected]

109 11. PRE-SCOPING NARRATIVE No UPC – MADISON COUNTY Rte. 607 over Beautiful Run - Superstructure Replacement

Project No.: 0607-056-6005, SR01 UPC: None Federal ID: 11743 County: Madison Description: Rte. 607 Superstructure Replacement Location: Rte. 607 (Repton Mill Road) over Beautiful Run Latitude 38° 19’ 11”; Longitude -78° 15’ 12.1” Length: Bridge ~ 24’; approximately 50’ of approach work each end.

1 of 3 110 11. PRE-SCOPING NARRATIVE No UPC – MADISON COUNTY Rte. 607 over Beautiful Run - Superstructure Replacement

Project Purpose and Need The purpose and need for this project is to rehabilitate the existing Structurally Deficient bridge and raise the General Condition Rating of the superstructure from “Poor” (GCR = 4) to “Good” (GCR = 9).

Project Description Proposed for this project, the existing steel beam / timber deck superstructure will be replaced with a new precast concrete slab superstructure designed for HL93 loading. This work will include removing the existing abutment backwalls, modifying the existing backwalls, adjusting the grade to match the proposed superstructure, and paving the bridge deck and approximately 50 feet of the roadway approaches each end of the bridge. This work will be performed by state forces. The road will be closed during construction which is tentatively scheduled between August 18 and September 16, 2021. The project has state maintenance funding. The existing structure is currently posted at 20 Tons. The most recent ADT was 287 vehicles per day measured in November 2014. The functional classification is Rural Local. Based on the 300’ ± radius of the horizontal curve west of the bridge, the design speed is assumed to be 35 mph. Speed limit is not posted according to the VDOT Roadway Network System (RNS). The existing one span bridge is 23.99 feet long and about 21.3 feet wide, face-to-face of curbs. The proposed clear roadway is 22’-0½” face-to-face of rails, which conforms to minimum width recommended in the AASHTO manual “A Policy on Geometric Design of Highways and Streets” for the assumed design speed and existing traffic volume. There will be no designated bicycle lanes, pedestrian path or shared use paths for this project due to the scarcity of population, travel, and attractors, both existing and future.

Project Design Information Hydraulics – Proposed hydraulically equivalent replacement structure (HERS). Please confirm or make recommendations. See preliminary plans for comparison of existing and proposed superstructures. Right of Way – Proposed construction within existing Right of Way. No additional Right of Way required. Environmental – EQ429 has been resubmitted, November 16, 2020. No instream work is anticipated. Drainage area = 6.57 Sq. Mi. Traffic Engineering – The road will be closed during construction. Recommendations for detour signage and guardrail are requested. Detour length is approximately 5.9 miles. Materials – No geology subsurface exploration will be performed. Bridge – Note tree overhanging the bridge. It may be dead. Utilities – No conflicts are anticipated. Residency – Request Madison County’s concurrence on road closure and no bicycle/pedestrian accommodations. Proposed closure may conflict with school busses.

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Madison County Building Department 414 N. Main St, Madison VA 22727; Phone: (540) 948-6102 Mailing address: PO Box 1206 Madison VA 22727 Website: www.madisonco.virginia.gov

Notes & Comments

Re: Proposed Repton Mill Rd Bridge Superstructure Replacement

The site is located in a FEMA designated special flood hazard area (flood zone), therefore the requirements of the Madison County Floodplain Management Ordinance (MCFPMO) must be met.

Per the MCFPMO, all work must be permitted. This will require a Flood Zone Development Permit (there is no cost associated with this permit). Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

The following are the relevant provisions in the MCFPMO that apply to this proposed project: All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information: The elevation of the Base Flood at the site.

Section 4.2 - General Standards The following provisions shall apply to all permits: New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage. Prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U. S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission

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(a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and the Federal Emergency Management Agency. The flood carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

Jamie R Wilks CBO, CFM Madison County Building Official

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