Present: E. Stanley Langford, Jr., Chairman Edwin E. Smith, Jr., Vice-Chairman Margaret H. Davis, Supervisor Sidney N. Johnson, Supervisor

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1 Virginia: At a Regular called meeting of the Essex County Board of Supervisors held on Tuesday, July 14, 2015, at 11:00 a.m., in the Board Meeting Room, in the Essex County School Board and County Office Complex, at Tappahannock: Present: E. Stanley Langford, Jr., Chairman Edwin E. Smith, Jr., Vice-Chairman Margaret H. Davis, Supervisor Sidney N. Johnson, Supervisor A. Reese Peck, County Administrator Daniel Seigel, Esquire, Sands, Anderson CALL TO ORDER The Chairman called the meeting of Tuesday, July 14, 2015, to order at 11:00 a.m. PLEDGE OF ALLEGIANCE AND INVOCATION PUBLIC COMMENTS John Clickener of the Maryfield Subdivision commented that he feels that the Board s closed session resolution is not specific enough. A paper copy with the correct language was presented to the chair. Mr. Clickener asked for the removal of one of the Animal Advisory Commission members. Stanley Langford, Chairman, closed the public comment section. PUBLIC HEARINGS Hearing Concerning the Rezoning of Property for Davis and Brizendine, Inc.

2 Chairman Langford opened the public hearing for the request of rezoning the property for Davis and Brizendine, Inc. Jeff Hodges, Building and Zoning Official, stated that prior to opening the public hearing, he received a letter and a phone call from Mr. Brizendine requesting that the rezoning request for Davis and Brizendine, which is the first public hearing on the agenda be withdrawn. Hearing Concerning the Request for Conditional Use to Operate a Commercial Greenhouse Located in the Rappahannock Magisterial District Stanley Langford, Chairman, opened the public hearing to discuss a commercial greenhouse in the southern district on Route 17. Jeff Hodges, Building and Zoning Official, stated that David Tavenner and Callie Alexander have filed a Conditional Use application to allow a Commercial Greenhouse to be located at Tidewater Trail (tax map parcels & 52-57) with access off Route 17 and Eastern View Road. The property is zoned A-2 Agriculture. The applicant would like to grow vegetables, shrubs, and plants on the property as well as put up a greenhouse and a 24 x 24 building to sell his products. There is an existing entrance off of Route 17 and VDOT will be notified to ensure it meets their requirements. Over the years, these types of Agriculture uses have been placed in the A-2 District and have not caused any problems. The Planning Commission voted to approve this use with the condition that it again review this application in one year. Public Comments John Magruder of the Gwynnfield Subdivision, representing the EDA s Agriculture and Forestry Board Advisory Committee commented that they are in full supports the request. The location is excellent and the new business will be an asset for the community. Stanley Langford, Chairman, closed the public comment section. Board Comments Bud Smith, Vice-Chairman, commented that the Planning Commission decision was unanimous and there no one spoke in opposition to the request. Supervisor Johnson moved to accept this application request for

3 Conditional Use to operate a Commercial Greenhouse located in the Rappahannock Magisterial District with the staff of the Planning Commission. The motion carried with a vote of 4-0. AYES: Johnson, Smith, Davis, and Langford NAYES: None ABSENT: None. Hearing Concerning the Request for Conditional Use to Operate a Sawmill Located in Millers Tavern Stanley Langford, Chairman, opened the public hearing to discuss the request for a Conditional Use to operate a Sawmill located in Millers Tavern, which is the Central District. Jeff Hodges, Building and Zoning Official, stated that Millers Tavern LLC applied for a Conditional Use permit to operate a Sawmill at 395 Lumber Lane in Millers Tavern. Tax parcel consists of acres and is Zoned A-2 Agriculture. This site was the location of a Sawmill 8-10 years ago and is well suited for this use. There are buildings, log, and lumber areas already set up. The existing entrance is off-set from the cross-over on the east and west bound lanes of Route 360. Therefore, one of the proposed conditions requires Millers Tavern Realty, LLC to acquire the necessary VDOT permits to change the entrance within one year of operation to line up with Route 360 east-west crossover. There were no speakers that objected to this use and the Planning Commission voted unanimously to approve the request with this one condition. Public Comments John Magruder of the Gwynnfield Subdivision, representing the EDA s Agriculture and Forestry Board Advisory Committee commented that this project conforms to the county s Agriculture and Forestry Plan. Additionally, the site was a former Sawmill and it is the prefect operation to fall back in that location. Stanley Langford, Chairman, closed the public comment section. Board Comments Bud Smith, Vice-Chairman, commented that the Planning Commission and the Central District Supervisor were all in accord and Mr. Tom Sheets was okay with the proposed condition.

4 Supervisor Smith moved to approve this application request for Conditional Use to operate a Sawmill located in Millers Tavern with condition that the Route 360 crossover be reworked within one year. The motion carried with a vote of 4-0. AYES: Smith, Johnson, Davis, and Langford NAYES: None ABSENT: None. Hearing to Consider the Adoption of the 2015 Comprehensive Plan for Essex County. Stanley Langford, Chairman, opened the public hearing of the adoption of the 2015 Comprehensive Plan for Essex County. Jeff Hodges, Building and Zoning Official, stated that comprehensive planning is a process that determines community goals and aspirations in terms of community development. The outcome of this process is the Comprehensive Plan. The Comprehensive Plan outlines public policy in terms of transportation, utilities, land use, recreation and housing. Late in 2013, Essex County contracted the Middle Peninsula Planning District Commission to assist in updating the County s Comprehensive Plan. Since the Town and County are so closely related this was a joint effort. A committee was formed from the Town and County staff, Planning Commissioners, and private citizens for the next year. The committee met weekly to critique and make changes to the plan and along the way the agricultural, forestry, and retail business persons joined the group to add thoughts and concerns about the county plan. Friends of the Rappahannock as well as the Essex Countyside Alliance joined in to assist the committee with environmental concerns. On June 16, 2015, the Essex County Planning Commission approved the final draft of the Comprehensive Plan and recommended approval by the Board of Supervisors. Even though this comprehensive plan has been critiqued for months there is a typo on page 15 that needs correction. Public Comments Hill B. Wellford, Jr. of 1909 Kendalls spoke on the Comprehensive Plan. He is opposed to the hydraulic fracking in Essex County and has done his best to educate the county residents of the consequences of this process. Mr. Wellford contacted Mr. Hodges about amending language found on page 50 by deleting the recommending a new zoning district specifically for oil and gas exploration activities and that alternative language be added that states the County will continue to monitor legal opinions, regulations and legislative changes in Virginia that address local

5 authority to restrict or prohibit oil and gas exploration or drilling activities within goal of the County to ensure that its Comprehensive Plan and its zoning ordinances are interpreted, administered, and amended when necessary, to protect, preserve, and safeguard, to the maximum extent possible, the County s agricultural, rural, scenic and environmentally sensitive lands and the lifestyles and welfare of its residents from the adverse impact of oil and gas development and related actives. Mr. Wellford believes this is the language that will better serve the County because it will also reflect the continuation to look at the legal issues. Jeff Hodges, Building and Zoning Official, stated that he has no problem with the proposed amendment. Bud Smith, Vice-Chairman, asked if there is a need to go back to the Planning Commission and stated that he has no problem with the changes, he just wants to make sure they go through the right legal process. Daniel M. Siegel, Attorney of Sands Anderson, stated that it could be approved now or the Board can send it back to the Planning Commission. Stanley Langford, Chairman, closed the public comment section. Board Comments Bud Smith, Vice-Chairman, commented that they have been working on the Comprehensive Plan for many years and it is time to adopt it. He also stated that he think the changes Mr. Wellford has presented are okay and doesn t see a real reason to take it back to the Planning Commission. Stanley Langford, Chairman, stated that was a lot of Public Hearing, but the good thing is the County has two new businesses coming to the community and it totally supports the direction of the Agriculture and Forestry Board. See the attached Comprehensive Plan. Supervisor Davis moved to accept the 2015 Comprehensive Plan with the proposed language that Mr. Wellford has presented and will strike the last paragraph on page 50. The motion carried with a vote of 4-0. AYES: Davis, Johnson, Smith, and Langford NAYES: None ABSENT: None.

6 COUNTY ADMINISTRATOR S and AGENCIES REPORTS Pam Smith, Management Services, reported on the training that County employees have received. There was an Excel class which was sponsored by Management Services and held at the Essex Intermediate School on June 19, Sidney Johnson, Supervisor, questioned the leave balances on the Management Services report. Pam Smith, Management Services, reported that she informed employees that they were over the maximum of accrual limit three or four months before the end of the fiscal year and that they may lose leave if they did not use it before the end of the fiscal year. Each month after the initial notice another notice was sent out. Stanley Langford, Chairman, stated that the county did its due diligence and Mrs. Smith has informed all employees that they would lose leave if it was not used before the end of the fiscal year. SCHOOL SUPERINTENDENT S, CONSTITUTIONAL OFFICERS and VDOT REPORTS Reese Peck, County Administrator, reported that FY 15 revenues came in above the budget amount by about $600, Treasurer s Report The records of this office show the following balances at the close of business on June 30, CASH IN OFFICE $1, CASH IN BANKS Essex 0.15% $925, Cafeteria 0.15% 7, MONEY MARKET Essex 0.40% $3,927, INVESTMENTS 0.11% $4,397.93

7 The above balances are secured according to Chapter 350 of the Tax Code of Virginia and I certify that they are correct to the best of my knowledge and belief. VDOT Report Stanley Langford, Chairman, reported that Joyce McGowan of VDOT sent an stating that she would not be at the meeting today to present her report and the latest information on the bridge at Tickners Creek is that the crossover will be completed in late July or August. CONSENT AGENDA The Chairman pulled Item F from the Consent Agenda to be discussed under Action Matters. Items A, B, C, D, E, G and H were approved. Adoption of June 9, 2015 Minutes Supervisor Smith moved that the regular meeting minutes of June 9, 2015, of the Essex County Board of Supervisors be adopted. The motion carried with a vote of 4-0. AYES: Smith, Davis, Johnson, and Langford NAYES: None ABSENT: None. Payroll Supervisor Smith moved that the Payroll in the attached report for the period of June 1, 2015, through June 30, 2015, be ratified. The motion carried with a vote of 4-0. AYES: Smith, Davis, Johnson, and Langford NAYES: None ABSENT: None. Accounts Payable Supervisor Smith moved that the Accounts Payable in the attached report for the period of June 1, 2015, through June 30, 2015, be ratified. The motion carried with a vote of 4-0. AYES: Smith, Davis, Johnson, and Langford NAYES: None ABSENT: None. Langford NAYES: None ABSENT: None.

8 Request for Grant Approval- EMS Supervisor Smith moved to approve the Emergency Management Performance Grant request in the amount of $13, which is awarded to Essex County each year to be used as part of the Emergency Manager s salary. The motion carried with a vote of 4-0. AYES: Smith, Davis, Johnson, and Langford NAYES: None ABSENT: None. Request for Grant Approval- EMS Supervisor Smith moved to approve the State Homeland Security Program Grant request in the amount of $11, to purchase shelter supplies and equipment. The motion carried with a vote of 4-0. AYES: Smith, Davis, Johnson, and Langford NAYES: None ABSENT: None. Supplemental Appropriation-Volunteer Fire Department Supervisor Smith moved that the appropriation request in which Essex County have received grant funds from the Virginia Department of Fire Programs in the amount of $4, to be transferred from Budget Code ( ) to Budget Code ( ). This amount represents the final payment of 10% of the FY2015 VFP Aid to Localities (ATL). The motion carried with a vote of 4-0. AYES: Smith, Davis, Johnson, and Langford NAYES: None ABSENT: None. Appointment to the Human Resources Committee for the Board of Supervisors Supervisor Smith moved to approve the appointment Margaret H. Davis and Sidney N. Johnson to the Human Resources Committee for the Board of Supervisors. The motion carried with a vote of 4-0. AYES: Smith, Davis, Johnson, and Langford NAYES: None ABSENT: None. ACTION MATTERS

9 FY 2015/2016 Re-Appropriation Request Stanley Langford, Chairman, stated that there is a request from the Schools to re-appropriate $300, for the bus path road. Dr. Scot Burkbuchler, School Superintendent, reported that this request would satisfy a long term need of the community. This reappropriation request would allow the school to create a pathway between the intermediate school and the high school. Sidney Johnson, Supervisor, asked if this is the most important concern facing the school at this time. He doesn t disagree that this project needs to be done at some point, but wonders if this is the right time. Stanley Clarke, Sheriff, stated that this road would greatly improve traffic safety on Route 17 and allow him to use one less deputy for school traffic control. Supervisor Davis moved to approve the re-appropriation of funds in the amount of $300, for the road construction and miscellaneous items in CIP projects. The motion carried with a vote of 3-1. AYES: Davis, Smith and Langford NAYES: Johnson None ABSENT: None. Lease Agreement between the Tappahannock Rescue Squad and Essex County Jimmy Brann, Emergency Medical Services, stated that the Rescue Squad was represented by Scot Katona, an attorney in the Town of Tappahannock and all members are in agreement and in support of this Lease Agreement. Supervisor Johnson moved to accept the Lease Agreement between the Tappahannock Rescue Squad Inc. and Essex County. The motion carries with a vote of 4-0. AYES: Johnson, Smith, Davis, and Langford NAYES: None ABSENT: None. LEASE AGREEMENT THIS LEASE AGREEMENT (the "Agreement") is made this day of January, 2015, by and between TAPPAHANNOCK RESCUE SQUAD, INC. (the "Lessor"), a Virginia corporation, and the COUNTY OF ESSEX, VIRGINIA (the "Lessee"), a political subdivision of the Commonwealth of Virginia.

10 WITNESSETH: The parties hereto, (the "Parties"), for themselves, their successors and assigns, hereby covenant and agree as follows. ARTICLE I Definitions, Demise, Premises, Term, Rent Section 1.01 Definitions. The following terms shall have the meanings hereinafter set forth throughout this Agreement: (A) "Rent" shall mean the rent payable by the Lessee during the term of this Agreement net of any other amount, if any, payable under the terms of this Agreement for taxes, insurance, utilities, or any other expense. (B) "Building" shall mean that certain building located at 303 Duke street, Tappahannock, Virginia 22560, in which the Tappahannock Rescue Squad is located. (C) "Expiration Date" shall mean the date which is Five (5) years after the Rent Commencement Date. (D) "Lessee's Notice Address" shall mean: P.O. Box 1079, Tappahannock, Virginia 22560, Attention: County Administrator, with a copy to Andrew R. McRoberts, Esquire, Sands Anderson PC, P.O. Box 1998, Richmond, VA (E) "Lessor's Notice Address" shall mean: P.0. Box 583, Tappahannock, Virginia (F) "Permitted Use" shall mean use of the demised premises for general rescue squad operations of Essex County and its employees. (G) "Property" shall mean that certain real property on which the Building is situated, together with all associated rights, easements and appurtenances, as more fully described on Exhibit A. Together, the Building and the Property are the "demised premises." (H) "Rent Commencement Date" shall mean the date which is set forth in Section 1.03 herein. (I) "Term" shall mean the sixty (60) month period commencing on the Rent Commencement Date and ending on the Expiration Date.

11 Section 1.02 Demise. Subject to and upon the terms and conditions set forth herein, the Lessor does hereby demise and lease unto the Lessee, and Lessee hereby rents from the Lessor, the demised premises. Section 1.03 Rent Commencement Date. (A) The Rent Commencement Date shall be January 1, (B) The Term shall end on the Expiration Date, unless terminated or extended pursuant to any of the terms, covenants or conditions of this Agreement, by agreement of the parties hereto, or by operation of law. Section 1.04 Rent. The Lessee shall pay to the Lessor, annually in advance, on or before the 1st day of each year of the Term and any Renewal Term at the Lessor's Notice Address or such other location as may be requested by the Lessor, the sum of Ten Dollars ($10.00) per annum as Rent. The statement of an annual rent figure in this paragraph does not imply or create an obligation on the part of the Lessee to pay rent beyond the date of termination of this Agreement and such an obligation will not exist unless expressly set forth elsewhere in this Agreement. ARTICLE II Utilities, Taxes, Insurance and Risk of Loss Section 2.01 Utilities; Maintenance and Repair. (A) Lessee shall obtain, in its name, all utility services required by the Lessee on the demised premises, including gas, electricity, telephone, water, and sewer connections and services, if any, and Lessee shall pay all charges for those services as they become due. (B) Except as otherwise set forth herein, Lessee, at its sole cost and expense and throughout the Term of this Agreement, shall keep and maintain the demised premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly perform all routine maintenance, repairs and replacements necessary to keep and maintain such good order and condition including grounds maintenance. Lessee, at its expense, shall also repair or cause to be repaired any damage to the demised premises resulting from the negligent or deliberate acts of the Lessee, its agent, employees, visitors or customers and except as set forth

12 in this Agreement elsewhere, shall pay the cost of all repairs necessitated by general wear and tear on the demised premises during the Term. As used in the preceding sentence, the term "repair" shall include "replacement" in the event replacement is necessary for the item or system needing repair to be fully functional. Section 2.02 Taxes. In addition to the Rent payable hereunder, the Lessee shall pay and discharge when due all state, municipal and local taxes and special assessments, if any, which may be lawfully levied upon the demised premises during the term of this Agreement as a result of its use of the demised premises. Notwithstanding the language of the preceding sentence, the Lessor shall pay any real estate and prope1ty taxes upon the demised premises, if any, and the Lessee shall have no duty to pay any real estate, property or other taxes for which it or the demised premises is exempt by reason of the Lessee being a government entity or the demised premises being used by a governmental entity. Section 2.03 Insurance. During the term of this Agreement, or any extension thereof, Lessee at Lessee's cost, shall maintain property, casualty and liability insurance on the demised premises, and as a minimum, the coverage and liability limits shall be the same as Lessee maintains of its other properties having similar values. Anything herein to the contrary notwithstanding, Lessor understands that Lessee is insured under the Virginia Association of Counties Group Self-Assessment Risk Pool (commonly known as VaCoRP) and VaCoRP and the insurance provided thereby is hereby deemed to be acceptable to Lessor. Section 2.04 Risk of Loss. If the Building is damaged by fire or other casualty, then Lessor shall repair and restore the Building to substantially the same condition of the Building immediately prior to such casualty to the extent that insurance proceeds are available to pay the cost of repair and restoration; provided, however, that the Lessor shall have no obligation to repair and restore Lessee's personal property located in the Building. If fifty percent (50%) or more of the Building is destroyed by fire or other casualty, or otherwise rendered wholly untenantable, then the Lessor shall have forty-five (45) days to notify the Lessee whether it will rebuild and restore the Building to its former state. If the Lessor chooses not to so rebuild and restore the Building, or does not substantially complete such rebuilding and restoration and receive a certificate of occupancy for the Building within 180 days from the date of the casualty, then in either case, the Lessee shall have the right to terminate this Agreement by providing written notice to the Lessor and shall have no further liability to the Lessor hereunder. If Lessee exercises its right to terminate this Lease, Lessee shall vacate and surrender the Property to Lessor within thirty (30) days after providing its notice of termination to Lessor.

13 ARTICLE III General Terms and Conditions Section 3.01 Lessor's Warranties and Covenants. The Lessor hereby warrants and covenants that Lessor holds fee simple title to the Property, and has full right, power, and authority to enter into this Agreement and fulfill its obligations hereunder. Section 3.02 Condition of Property. Possession of the demised premises will be delivered to the Lessee on the first day of the Term of this Agreement in as good condition as the same now are, free from all tenancies and occupancies, and free from all orders, notices and violations filed or entered by any public or quasi-public authority and free from complaints and/or reports of violations, noted or existing in or filed with any federal, state, county, city and/or local authority. Lessee agrees that it is taking the Property in "as-is, where-is" condition. Section 3.03 Access. Lessee, its employees, guests and invitees shall have the right of access to the Property and the demised premises for purposes of ingress to and egress from the Property at all times. Section 3.04 Termination. This Agreement and the obligation to pay Rent is subject to annual appropriation by the Board of Supervisors of Essex County, Virginia. This Agreement may be terminated by the Lessee at any time with or without cause by providing written notice of termination to the Lessor. Section 3.05 Lessee's Use. Lessee shall use the Property only for the Permitted Use. During the term of this Agreement, Lessee shall comply with all applicable laws including building and occupancy laws affecting the demised premises, the breach of which might result in any penalty on Lessor or forfeiture of Lessor s title to the demised premises. Lessee shall not commit, or suffer to be committed, any waste on the demised premises, or any nuisance. Section 3.06 Lessor's Access. Lessee shall permit Lessor and the agents and employees of Lessor to enter into and upon the demised premises at reasonable times and upon the receipt of reasonable notice for the purpose of inspecting the same, or for the purpose of posting default notices or notices of non responsibility for alterations, additions, or repairs.

14 Section 3.07 Assignment and Subletting. Lessee shall not assign, sublet or transfer any of the rights granted by this Agreement, or any interest herein without the prior written consent of the Lessor. The consent to an assignment shall not be deemed to be a consent to any subsequent assignment. Section 3.08 Quiet Enjoyment. Provided Lessee has performed all of the terms and conditions of this Agreement to be performed by Lessee, including the payment of Rent, Lessee shall peaceably and quietly hold and enjoy the Property for the Term without hindrance from Lessor or anyone claiming through or under Lessor. Section 3.09 Estoppel Certificate. Each party agrees at any time and from time to time, within ten (10) days after the other patty's written request, to execute, acknowledge and deliver to the other patty a written instrument certifying that this Agreement is unmodified and in full force and effect (or if there have been modifications, that it is in full force and effect as modified and stating the modifications), and the dates to which Rent and other charges have been paid in advance, if any, and stating whether or not to the best knowledge of the party signing such ce1tificate, the requesting party is in default in the performance of any covenant, agreement or condition contained in this Agreement and, if so, specifying each such default of which the signer may have knowledge. It is intended that any such certification and statement delivered pursuant to this Section may be relied upon by any mortgagee or prospective purchaser or mortgagee of the demised premises. Section 3.10 Lessor's Liability. Lessor's obligations hereunder shall be binding upon Lessor only for the period of time that Lessor is in ownership of the demised premises; and, upon termination of that ownership, Lessee, except as to any obligations which are then due and owing, shall look solely to Lessor's successor in interest in the demised premises for the satisfaction of each and every obligation of Lessor hereunder. Lessor shall have no personal liability under any of the terms, conditions or covenants of this Agreement and Lessee shall look solely to the equity of Lessor in the demised premises for the satisfaction of any claim, remedy or cause of action accruing to Lessee as a result of the breach of any section of this Lease by Lessor. Section 3.11 Notices. Wherever in this Agreement it shall be required or permitted that notice or demand

15 be given or served by either party to this Agreement to or on the other party, such notice or demand shall be deemed to have been duly given or served if in writing and either: (i) personally served; (ii) delivered by pre-paid nationally recognized overnight courier service (e.g., Federal Express or UPS) with evidence of receipt required for delivery; or (iii) forwarded by Registered or Certified mail, return receipt requested, postage prepaid; in all such cases addressed to the parties at the addresses set forth in Section 1.01 (D) and (E). Either party hereto may change its address to which notices shall be delivered or mailed by giving written notice of such change to the other patty hereto. Section 3.12 Brokers. The parties hereto represent and warrant to each other that they have had no dealings, negotiations or consultations with respect to the Property or this Agreement with any broker or finder. Section 3.13 Subordination and Attornment. Lessee agrees to execute and deliver within fifteen (15) days after request to do so from Lessor or any mortgagee an agreement making this Agreement superior or subordinate to the interests of the mortgagee, by which Lessee shall agree to attorn to the mortgagee and any successor Lessor, and containing such other agreements and covenants on Lessee's part as Lessor's mortgagee may reasonably request. Section 4.01 Renewal ARTICLE IV Renewal Terms At the conclusion of the initial Term and any Renewal Term, this Agreement shall automatically and without notice renew for an additional period of one (1) year (each a "Renewal Term") unless and until terminated by (i) the Lessee by written notice to the Lessor not less than thirty (30) nor more than ninety (90) days prior to the Expiration Date or (ii) the Lessor by written notice to the Lessee not less than twelve (12) months prior to the Expiration Date. Any such renewal shall be subject to and contain all of the terms and conditions of the original Agreement, including without limitation, the amount of the Rent. Section 5.01 Notice of Default. ARTICLE V Default

16 (A) Except as to the provisions of Section 5.02 hereof, Lessee shall not be deemed to be in default hereunder for any breach of the terms of this Agreement, in the payment of rent or the payment of any other moneys as herein required or in the furnishing of any bond or insurance policy when required herein unless Lessor shall have first given Lessee written notice of such default as provided herein and Lessee fails to cure such default within the applicable cure period provided in paragraph (B) hereunder. (B) Upon receipt of a notice of non-monetary default, Lessee shall have thirty (30) days to cure such default or to commence reasonable steps to cure said default in the event that a cure is not possible within such thirty (30) days. The failure of the Lessee to notify the Lessor of its attempts to cure said default within such thirty (30) days shall be deemed to be notice to the Lessor of the Lessee's inability to cure said default. Upon receipt of the applicable notice from the Lessee, the Lessor shall have ten (10) days to approve or disapprove of the cure or the steps to begin said cure. The failure of Lessor to respond within ten (10) days shall be deemed to be approval of the actions by Lessee. If the Lessor notifies Lessee of its disapproval of a completed cure, the Lessee shall have an additional fifteen (15) days to cure the default and to notify Lessor of such second attempt to cure. If such attempt is disapproved by Lessor, upon notice to Lessee of disapproval, this Agreement shall terminate, in the manner hereinafter provided. In all steps provided for herein, the Lessor shall have the final and sole judgment and dete1mination of default, and cure thereof. Anything herein to the contrary notwithstanding, Lessee shall cure any monetary defaults hereunder within fifteen (15) days of receiving notice of the same. Failure of the Lessee to cure monetary defaults within such fifteen (15) day period shall entitle Lessor to pursue any rights and remedies available to it hereunder, by law, or in equity, including, without limitation, termination of this Agreement and recove1y of the demised properties. Section 5.02 Default. In the event of any default under, or breach of, this Agreement by Lessee which is not cured during any applicable cure period, Lessor, in addition to the other rights or remedies it may have hereunder or by law or in equity, shall, after the service of proper notice of breach and opp01tunity to cure such breach on the part of the Lessor, as detailed in Section 5.01, have the right to te1minate this Agreement. Should Lessor at any time te1minate this Agreement for any breach, in addition to any other remedy it may have, Lessor may recover from Lessee all d3lllages incurred by reason of such breach, including the cost of recovering the premises and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to rent reserved in this Agreement for the remainder of the stated term over the then reasonable rental value of the premises for the remainder of the stated term, all of which amounts shall be immediately due and payable from Lessee to Lessor. Section 5.03 Lessor's Right to Perform. In the event that Lessee by failing or neglecting to do or perform any act or thing herein provided by it to be done or performed, shall be in default hereunder and such failure shall continue for a period of fifteen (15) days after written notice from Lessor specifying the nature of the act or thing to be done or performed, then Lessor may, but shall not be required to, do or

17 perform or cause to be done or performed such act or thing (entering on the demised premises for such purpose, if Lessor shall so elect), and Lessor shall not be or be held liable or in any way responsible for any loss, convenience, annoyance, or damage resulting to Lessee on account thereof, and Lessee shall repay to Lessor on demand the entire expense thereof, including compensation to the agents and employees of Lessor. Any act or thing done by Lessor pursuant to the provisions of this section shall not be or be construed as a waiver by Lessor of any such default by Lessee, or as a waiver of any covenant, term, or condition herein contained or the performance thereof, or of any other right of remedy of Lessor, hereunder, or otherwise. All amounts payable by Lessee to Lessor under any of the provisions of this Agreement, if not paid when the same becomes due as provided for in this Agreement, shall bear interest fium the date they become due until paid at the statutory judgment rate per annum then in effect, compounded annually. Section 5.04 Redelivery of Demised Premises. Lessee shall pay the Rent and all other sums required to be paid by Lessee hereunder in the amounts, at the times, and in the manner herein provided, and shall keep and perform all the terms and conditions hereof on its part to be kept and performed, and, at the expiration or sooner termination of this Agreement, peaceably and quietly quit and surrender to Lessor the demised premises in good order and condition subject to the other provisions of this Agreement. Lessee shall have no right to hold over beyond the expiration of the Term and in the event Lessee shall fail to deliver possession of the demised premises as herein provided, such occupancy shall not be construed to effect or constitute other than a tenancy at sufferance. Section 5.05 Conveyance of Devised Premises. If Lessor ceases to exist, fails to provide adequate service as a rescue squad, or violates the requirements for a rescue squad established by local, state, or national law (including, without limitation, Title 27 of the Code of Virginia), and such condition continues for sixty (60) days, with or without notice, Lessor shall convey the demised premises to Lessee, by general warranty deed with English covenants of title. In order to ensure this provision is accomplished, Lessor hereby irrevocable appoints Sands Anderson PC its attorney in fact with full power and authority to convey the demised premises to lessee, and execute any documents necessary or related to such conveyance, for and on behalf of Lessor. ARTICLE VI Miscellaneous Provisions Section 6.01 Parties Bound. This Agreement shall be binding upon the successors and assigns of the parties hereto, but no officer, agent or employee of either party shall be charged personally or held contractually liable to the other party under any term or provisions of this Agreement or any supplement, modification, extension or amendment of this Agreement or because of any breach

18 thereof, or because of its or their execution or attempted execution. Section 6.02 Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no other terms, obligations, covenants or conditions other than are contained or referred to herein. No modification or variation hereof shall be deemed valid unless evidenced by an agreement in writing, signed by the patties to this Agreement. Section 6.03 Severability. In the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided in such case, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either Lessee or Lessor in their respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. Section 6.04 Captions. The captions appearing after the section number designations of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement. Section 6.05 Applicable Law. This Agreement is made and intended to be performed in the Commonwealth of Virginia, and it shall be governed by and construed in accordance with the laws of the state without regard to any principles of conflicts of laws. Section 6.06 Time of the Essence. Time shall be of the essence with respect to the terms, conditions and time periods in this Agreement. Section 6.07 Memorandum of Lease. This Agreement or a memorandum of lease may be recorded in the Clerk's Office of the Circuit Court of Essex County at the Lessee's option and expense.

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20 WITNESS the following signatures and seals as of the date first written above: LESSEE: COUNTY OF ESSEX, VIRGINIA BY : ( SEAL) A. Reese Peck County Administrator COMMONWEALTH OF VIRGINIA CITY/COUNTY OF, to-wit: I, a Notary Public for the jurisdiction aforesaid, do hereby certify that A. Reese Peck whose name as County Administrator of the County of Essex, Virginia is signed to the foregoing instrument on its behalf, has acknowledged the same before me in the jurisdiction aforesaid on its behalf. Given under my hand this _day of., 2015 My commission expires: / /. My registration number: [Affix Seal] Approved as to form: Notary Public County Attorney

21 LESSOR: TAPPAHANNOCK RESCUE SQUAD, INC. BY : ( SEAL) NAME: TITLE: COMMONWEALTH OF VIRGINIA CITY/COUNTY OF, to-wit: I, a Notary Public for the jurisdiction aforesaid, do hereby certify that whose name as of Tappahannock Rescue Squad, Inc. is signed to the foregoing instrument on its behalf, has acknowledged the same before me in the jurisdiction aforesaid on its behalf. Given under my hand this _day of., 2015 My commission expires: / /. My registration number: [Affix Seal] Notary Public

22 Exhibit A All that certain tract or lot of land, rectangular in shape, situate in the Town of Tappahannock, Essex County, Virginia, at the intersection of Duke and Cross Streets, together with any improvements thereon, being shown as Lots Four (4) and Five (5) on the plat made by T Crawford Redd & Brothers, Surveyors, bearing date on July 31, 1945, which said plat is recorded in the Clerk's Office of the Circuit Court of said County in Plat Book 6, page 117. BEING the identical land conveyed unto Chester E. Burgess, J.B. Taliaferro, Jr., and N.P. Shackleford, Trustees, by deed from George T. Boughan and wife, dated February 20, 1957, of record in the Clerk's Office of the Circuit Court of said County in Deed Book 91, page 518, the Chester E. burgess and N. P. Shackleford being deceased, George C. Clanton, Trustee having been appointed in the place and stead of the said J.B. Taliaferro, Jr. by Order of the Circuit Court of said County entered on July 1, 1960, of record in said Clerk's Office in Chancery Order Book 11, page 411. BEING all of the same property conveyed to the Tappahannock Rescue Squad, Inc., a Virginia non-stock corporation, from George C. Clanton, Sole Surviving Trustee for the Tappahannock Rescue Squad, Essex County, Virginia, by Deed dated May 9, 1988, recorded in the Clerk s Office of the Circuit Court of Essex County, Virginia, in Deed Book 169, Page 582. Adoption Essex County Pay Structure Stanley Langford, Chairman, stated that the Board at the June 23 rd meeting there were discussion pertaining to the school giving a 3% raise to their employees while the county was only giving 2% to its employees. Typically we have always been in sync so that all employees are treated equally. In an effort to equalize FY 16 salary adjustment the Board considered two approaches. The first option was to give county employees a 1% bonus the second was to give the county employees the additional 1% raise. Either one of these approaches could be accommodated within the approved budget due to the proposed 6% reduction in compensation study recommendation under consideration. Sidney Johnson, Supervisor, asked the County Attorney by accepting Resolution # revised, does this include all of the language of the Evergreen Study or does this only include just the proposed pay scale and the 3% pay increase our Chairman is referencing. The County attorney stated that it is just referencing the revised pay structure and the 3% pay increase. Supervisor Smith moved to accept Resolution # for the increase of an additional 1% or a total of a 3% raise to the employees. The motion carried with a vote of 4-0. AYES: Smith, Davis, Johnson, and Langford. NAYES: None ABSENT: None. RESOLUTION #15-017

23 A RESOLUTION ADOPTING THE ESSEX COUNTY PAY STRUCTURE REVISED WHEREAS, the Essex County Board of Supervisors recognized the need to update its pay structures and classification system; and WHEREAS, the Board contracted Evergreen Solutions, Inc. to conduct a comprehensive classification and compensation study for Essex County; and WHEREAS, the study included County employees, employees of elected and appointed officials, and employees of the Social Services department; and WHEREAS, the results of the study include new job descriptions, pay structures, and additional information; and WHEREAS, the Board further refined the pay structures and reduced the original proposal by 6%; and WHEREAS, the funding for implementation of the study is included in the FY2016 budget with a bring to minimum and an overall three percent increase for all employees solution; and WHEREAS, the Board authorizes the County Administrator to administer the pay plan per Essex County s Personnel Handbook, and to make reasonable pay adjustments for employees based on performance, experience, and qualifications. NOW THEREFORE, BE IT RESOLVED by the Essex County Board of Supervisors this 14 th day of July, 2015 that the Essex County Pay Structure is hereby adopted as the Essex County Pay Plan. ADOPTED: This 14 th day of July, Approval of selected Job Descriptions Stanley Langford, Chairman, requested that the Board pull item C, the approval of selected job descriptions form Actions Matters today, the Board will discuss and have a presentation on the Fire Study next month and this will come to resolution no later than the September Board of Supervisors meeting. Resolution # Appointments to Agricultural & Forestry Economic Development Advisory Board Stanley Langford, Chairman, reported on the appointment of personnel to the Agricultural & Forestal Economic Development Advisory Board. Supervisor Johnson moved to accept Resolution # in establishing Agricultural & Forestal Economic Development Advisory Board with the members as presented: Barry Bates, North

24 District, Term Expiring 12/31/17/ John Magruder, Central District, Term Expiring 12/31/15/ Page Ball, Tappahannock District, Term Expiring 12/31/17/ Ronnie Gill, South District, Term Expiring 12/31/15/ Jay Hundley, At-Large, Term Expiring 12/31/19/ Mike O Malley, At-Large, Term Expiring 12/31/17/ David Taliafero, At-Large, Term Expiring 12/31/17. The motion carried with a vote of 4-0. AYES: Johnson, Smith, Davis and Langford NAYES: None ABSENT: None. RESOLUTION # RESOLUTION OF APPOINTMENTS AGRICULTURAL AND FORESTAL ECONOMIC DEVELOPMENT ADVISORY BOARD WHEREAS, as provided for by of the Code of Virginia, the Essex County Board of Supervisors established an Agricultural and Forestal Economic Development Advisory Board ( the Advisory Board ) by approval of Resolution # on June 9, 2015; and WHEREAS, initial appointments to the Advisory Board are required consistent with the parameters of Resolution # and such parameters are: two at-large members with two-year terms ending December 31, 2017, one at-large member with a four-year term ending December 31, 2019 and one member from each of the four election districts with terms expiring consistent with the end of a term for the Board of Supervisors member of such district; and WHEREAS, subsequent appointments shall be for a four-year term or the remainder of the unexpired term in the case of a vacancy and there are no limits on the number of terms a member can be reappointed. NOW THEREFORE BE IT RESOLVED, by the Board of Supervisors of Essex County this 14 th day of July, 2015, the following persons are hereby appointed to serve as members of the Essex County Agricultural and Forestal Economic Development Advisory Board with the following terms: Barry Bates North District Term Expiring 12/31/17 John Magruder Central District Term Expiring 12/31/15 Page Ball Tappahannock District Term Expiring 12/31/17 Ronnie Gill South District Term Expiring 12/31/15 Jay Hundley At-Large Term Expiring 12/31/19 Mike O Malley At-Large Term Expiring 12/31/17 David Taliaferro At-Large Term Expiring 12/31/17 ADOPTED: This 14 th day of July, Employee Recognition Stanley Langford, Chairman, recognized Marti Carneal, Mark Gray, and Dean Holmes of Facilities Management. They were presented with a $50 gift card.

25 PRESENTATIONS None Board Requests & Directives Authorization to proceed with Piscataway Creek Stanley Langford, Chairman stated that there is a couple of items to discuss on the Board Requests and Directives. Trenton Funkhouser, Economic Development Director, reported that they would like the consensus of the Board to proceed with Piscataway Creek to start the formal process. This is very similar to the Prince Street Road ending. In the past a similar resolution was done, and this process takes a while, so we are trying to position some of the sites. VDOT had the road study done in They had thirty or forty sites throughout the Middle Peninsula Planning District Commission area and identified five of them for intensive study. Prince Street is already in this process. As a result of in-depth research, the EDA is pursuing Hoskins Creek and is trying to get multiple landings on the four major creeks in Essex County. The site address in resolution # is located just across the bride on Piscataway Creek. Supervisor Davis moved to accept Resolution # authorizing the County Administrator to pursue the transfer of Ferry Landing to Essex County. The motion carried with a vote of 4-0. AYES: Davis, Smith, Johnson, and Langford. NAYES: None ABSENT: None. RESOLUTION # A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO PURSUE THE TRANSFER OF FERRY LANDING TO ESSEX COUNTY WHEREAS, the County of Essex is pursuing increased access to the Rappahannock River and creeks of the County through the development or redevelopment of existing sites and through the acquisition of new sites; and WHEREAS, the Middle Peninsula Planning District Commission worked with member localities to complete the Protocol Landing and Road Ending Acquisitions report dated September 30, 2006 to assist with identifying potential ownership and transfer of ownership issues associated with the long-term use of areas historically providing water access; and WHEREAS, the report focused on five sites throughout the Middle Peninsula that represent good acquisition candidates for the respective localities should they wish to exercise more control over such sites and have the ability to improve and maintain such sites consistent with local needs and priorities; and

26 WHEREAS, Ferry Landing is one of the five sites having significant research performed to summarize ownership and use interests in the subject property relative to the Virginia Department of Transportation and adjacent property owners; and WHEREAS, Ferry Landing is identified in the Chesapeake Bay Watershed Public Access Plan (National Park Service 2013) as a Category 2 site ( VA73 ) of the Captain John Smith Chesapeake National Historic Trail with such middle ranking indicating a National Park Service priority for improvement of existing access but also recognizing additional planning and review is required before the site can be more fully developed; and WHEREAS, the County of Essex wishes to formally identify transfer options for Ferry Landing and believes the site to be an excellent candidate for improving water access to Piscataway Creek and the Rappahannock River for both motorized and non-motorized boats as well as other recreational uses of the water. NOW THEREFORE, BE IT RESOLVED by the Essex County Board of Supervisors this 14 th day of July, 2015, the County Administrator be, and is hereby, authorized to act on behalf of Essex County in coordinating the formal review of ownership transfer options for Ferry Landing and that the Middle Peninsula Planning District Commission and Virginia Department of Transportation are called upon to assist the County Administrator in such efforts. ADOPTED: This 14 th day of July, Code Red Stanley Langford, Chairman, stated that there was a presentation given by Code Red that Reese Peck, Jimmy Brann, Chuck Huntley and Mr. Langford attended. Jimmy Brann previously came to the Board asking for an alerting system and Code Red is a company that offers this service. By signing up for this alerting system, you will be alerted on your computer, cell phone or house phone for missing persons, road closures, bad weather, etc. The cost of this system is about $5, plus a yearly maintenance charge. There is no cost to the citizens that sign up for the alerts. Jimmy Brann, Emergency Medical Services, stated that a three year contract would cost $6, and they would be able to get an additional 5% discount if they go with a five year contract. Mr. Brann supports securing this service and would like for the Board to approve contracting for this service. Supervisor Smith moved to accept the Code Red Contract for a 3 year or 5 year contract and allow Mr. Brann and Mr. Peck to decide which contract is beneficial to the County. The motion carried with a vote of 4-0. AYES: Smith, Johnson, Davis, and Langford. NAYES: None ABSENT: None. Proceed with Poor House Tract