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12-20-2012 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTIETH DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND TWELVE AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Alan E. Casteen, Chairman, Presiding JoAnn W. Hall, Vice - Chairman Rex W. Alphin Byron B. Bailey Delores M. Darden Also Attending: Mark C. Popovich, County Attorney W. Douglas Caskey, County Administrator Carey Mills Storm, Clerk APPROVAL OF AGENDA County Attorney Popovich presented the following revisions to the Board's agenda: Under the County Administrator's report, add a report regarding a school carryover request; under the Closed Meeting, add one (1) personnel matter; and, under New Business, add two (2) items. Supervisor Bailey moved that the agenda be adopted as revised. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATIONS /APPEARANCES A dog available for adoption at the County's animal shelter was displayed by Animal Control staff. Barbara Smith, Coordinator of CTE, Fine Arts and Federal Programs, briefed the Board regarding early college opportunities offered to County students. Country Boys Barbecue was the featured business owned and operated by Danny and Heather Thornton under the Small Business Close -up section of the agenda. Jim Phillips, KPMG, reported a clean and unqualified opinion of the County's financial audit. Brandy Day, the County's new Director of Human Resources, was formally introduced to the Board. CONSENT AGENDA 1. Application of Smithfield Services (Chris Edwards), owner /applicant, for a waiver request to various sections of Article 8, Landscaping and Screening Standards, of the Isle of Wight County Zoning Ordinance 2. Isle of Wight County /Appeal of Historical Architectural Review Committee Decision to Install a New Doorway in the Historic Clerk of Courts Building 3. Board of Zoning Appeals /2012 Annual Report 4. Planning District Boundary Review 5. Aerial Photography Program 6. Brewer's Neck/Benn's Church Realignment Assurance Letter 7. Resolution to Accept and Appropriate Funding from the Virginia Department of Motor Vehicles 8. Resolution to Accept and Appropriate Grant Funds from the Department of Conservation and Recreation (DCR) for Stormwater Management Project Funding 9. Resolution to Authorize Submission of a Grant Application and to Accept and Appropriate Funds from the Virginia Department of Criminal Justice Services 10. Draft Proposed FY2014 -18 Capital Improvement Plan 11. Fiscal Year 2012 -13 Monthly Financial Reports for County and Schools 12. County of Isle of Wight /Statement of the Treasurer's Accountability for October 2012 13. Delinquent Real Estate Tax Collection Monthly Report 14. November 7, 2012 Joint Meeting Minutes 15. November 7, 2012 Special Meeting Minutes 16. November 15, 2012 Special Meeting Minutes 17. November 15, 2012 Regular Meeting Minutes 2 Supervisor Alphin moved that the Consent Agenda be adopted as presented. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS Supervisor Hall reported in addition to routine business, the Western Tidewater Regional Jail kitchen is due to be renovated in the near future. TRANSPORTATION MATTERS Jamie Oliver, Transportation Planner, presented a Resolution to Accept and Appropriate Funds from the Highway Safety Improvement Program Grant for the Design and Construction of Sidewalks in the Town of Windsor. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT FOR THE DESIGN AND CONSTUCTION OF SIDEWALKS IN THE TOWN OF WINDSOR WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia, is participating in the Highway Safety Improvement Program HSIP) grant program; and, WHEREAS, the County has been awarded an additional three hundred and seventy -five thousand dollars ($375,000) in HSIP grant funds, for a total of eight hundred and seventy -five thousand dollars ($875,000) for the design and construction of a sidewalk along N. Court Street and Courthouse Highway in the Town of Windsor; and, WHEREAS, the County agrees to manage and execute this project as a locally administered project; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Isle of Wight, Virginia, that three hundred and seventy -five thousand dollars ($375,000) in grant funds be accepted and the funds be appropriated from the County Unassigned Fund Balance to the appropriate line items in the Isle of Wight County FY 2013 Capital Budget. BE IT FURTHER RESOLVED, that the County Administer of Isle of Wight County, Virginia, be authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. 91 BE IT FURTHER RESOLVED, that the County Administer of Isle of Wight County, Virginia, be hereby authorized to proceed with hiring necessary and appropriate professional and construction services in furtherance of the execution of this project in accordance with the Virginia Public Procurement Act and County policy and is authorized to execute any and all necessary agreements and contracts for such services upon review and approval of the County Attorney. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Ms. Oliver presented a Resolution to Approve and Award a Contract for Paving Five (5) Rural Rustic Roads in Isle of Wight County. Chairman Casteen moved that the following Resolution be adopted and the County Administrator authorized to execute the necessary contract documents: RESOLUTION TO APPROVE AND AWARD A CONTRACT FOR PAVING FIVE (5) RURAL RUSTIC ROADS IN ISLE OF WIGHT COUNTY WHEREAS, Isle of Wight County has committed to locally administer five (5) Rural Rustic Road paving projects, which are Halltown Road, White House Road, Poor House Road, Ballard Road, and Pope Swamp Trail; and, WHEREAS, Isle of Wight County has appropriated one million eight hundred eighty -one thousand and forty -five dollars ($1,881,045.00) into the County's 2013 Capital budget for completion of these five (5) paving projects; and WHEREAS, after legal advertisement of the project in accordance with the Virginia Public Procurement Act and County Policy the County has received a single, responsive, low bid on the project; NOW, THEREFORE BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that, pending review and approval by the Virginia Department of Transportation (VDOT) and the County Attorney, a contract may be entered into between the County and the low bidder at the amount of the bid, and such contract may be executed by the Isle of Wight County Administrator. BE IT FURTHER RESOLVED that, under the constraints of the existing budget for this project, the County Administrator of Isle of Wight, Virginia is hereby authorized to proceed with hiring additional necessary professional and construction services in furtherance of the execution of this project and in accordance with the Virginia Public Procurement Act and County Policy, and is authorized to execute all necessary agreements and contracts for such services upon review and approval of the County Attorney. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Ms. Oliver presented the three (3) alignment alternatives of Segment 2 of the Park to Park Trail designed to connect Nike Park in Carrollton to Windsor Castle Park in the Town of Smithfield. She advised staff's recommendation is Alternative 1; however, residents most affected have expressed concerns about safety and property value impacts and prefer Alternative 2. Pat Saunders, 12958 Nike Park Road, voiced concerns with Alternative 1 which would create unsafe conditions for pedestrians if Nike Park Road is expanded to four (4) lanes, as suggested in the Brewer's Neck Corridor Study. She further expressed concern with vandalism, the inability to use her driveway, the close location of utility poles to her home, the devaluation of her home and her privacy be affected as the trail would be only thirteen (13) feet from her residence. Supervisor Hall moved that action on the matter be postponed until such time that staff can develop other alternatives. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Bill Guill, Chairman of Church Council at Bern's United Methodist Church, addressed the proposed upgrades to the intersection at Benn's Church in association with the Berm's Grant Development. He relayed the Church's desire to maintain an entrance /exit in front of the church on Route 10 for ingress /ingress north and southbound. CITIZENS COMMENTS Dan Gray, Pastor of Calvary Baptist Church, requested permission for the Church to display its sign at Route 10 and Turner Drive. Charles Mayer, Calvary Baptist Church member, requested that Calvary Church be allowed to display its sign at Route 10 and Turner Drive either by being exempt under Section 9003 of the Zoning Ordinance or expanding the ordinance to bring it within Constitutional requirements. Pete Green recommended that the Sheriff's Department work with the contractor during the early building stages of the new Windsor Middle School so that additional safety features can be incorporated to protect against intruders. 5 Pinky Hipp, Hardy District, welcomed Supervisor Hall as the upcoming Chairman of the Board. COUNTY ATTORNEY'S REPORT County Attorney Popovich presented a proposed Chapter 2 /Article XI section relating to tax compliance which is being recommended by Bond Counsel for inclusion in the County's Personnel Policy Manual. Supervisor Alphin moved that Chapter 2 /Article XI be adopted and incorporated into the County's Personnel Policy Manual. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented a proposed Lease Agreement between the County and Jones Farm for agricultural use of the Griffin Farm for 2013. Supervisor Hall moved that the County Attorney's office be authorized to set the lease agreement for public hearing at the Board's January 17, 2013 meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich presented the Board's Rules of Procedure for review and consideration prior to its January 3, 2013 organizational meeting. County Attorney Popovich recommended that the County Administrator be allowed to execute contracts which have already been budgeted for and require only those contracts requiring funding above and beyond budgeted funds to be presented to the Board for its review and approval. The Board's consensus was that this matter be considered at its January 17, 2013 meeting along with its procedural matters. County Attorney Popovich presented a Memorandum of Agreement between the County and the Industrial Development Authority (IDA) relative to how staff is to assist the IDA and how the IDA may use funds received through the sale of property to enhance the sale of value of lands owned by the IDA for economic development purposes. Chairman Casteen moved that the Chairman be authorized to execute the Memorandum of Agreement on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. G County Attorney Popovich presented a request from the Industrial Development Authority for an extension of time on the repayment deadline for the promissory note for the $500,000 loan for property acquisition. Chairman Casteen moved that the Chairman be authorized to execute the Agreement to Revise the Promissory Note on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mark W. Furlo, Director of Parks and Recreation, pursuant to the Board's action at its November 15, 2012 meeting to approve and appropriate funds for the Nike Skate Park Project for Fiscal Year 2012 -13, requested authorization to initiate the implementation of the Nike Skate Park Project. Supervisor Bailey moved that the Director of Parks and Recreation be authorized to initiate the implementation of the Nike Skate Park project. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Mr. Furlo, pursuant to Board action at its August 15, 2012 meeting to authorize up to $16,000 for overtime personnel related to security at the Fair, requested an amendment to the previous appropriation as only $8,384.27 will be necessary to address the cost of security. Supervisor Darden moved that the August 15, 2012 motion be amended to appropriate $8,384.27 from the Unassigned Fund Balance for the Sheriff Department overtime personnel costs for security for the 2012 County Fair. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. GENERAL SERVICES REPORT Eddie P. Wrightson, Director of General Services, addressed the Board regarding the receipt of bids for the construction of the new Isle of Wight Rescue Building located on Great Springs Road. He advised that the apparent low bidder is Oyster Point Construction Company with a base bid of $3,492,000, plus Alternate #1, which includes a 1,800 square foot training room. He advised that the Building, Grounds and Transportation Committee does recommend award of a contract to the lowest responsible bidder for the Base Bid plus Alternate #1. Supervisor Bailey moved to award a contract to the lowest responsible bidder for the Base Bid plus Alternate #1. The motion was adopted by a vote of (5- 7 0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. COUNTY ADMINISTRATOR'S REPORT County Administrator Caskey inquired about the Board's interest in having an informational session conducted and facilitated by Dr. Michael Chandler concerning local governmental budgeting processes and procedures. Supervisor Darden requested the County Administrator to provide potential dates and times for such a meeting to the Board. County Administrator Caskey advised that the Tidewater Emergency Medical Services Council, Inc.'s Governance Committee has requested the nomination of an individual to represent the County on the Council and that he recommends Rusty Chase be reappointed as he currently serves in this capacity. Supervisor Alphin moved that Rusty Chase be reappointed to the Tidewater Emergency Medical Services Council, Inc. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin requested that staff be prepared to provide a presentation to the Board regarding coyotes and the problems associated with their increased population in the County and that staff be prepared to advise whether or not a bounty would be effective and, if so, at what rate the bounty should be set at. Regarding the issue of the Schools FY2011 -12 Open Purchase Orders (Encumbrances) Carryover Accounting and Reporting, added under Approval of the Agenda, Chairman Casteen moved that the matter be postponed until the Board's January 17, 2013 meeting in order to allow staff to further analyze and review. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. APPOINTMENTS Chairman Casteen moved that Allan Hanrahan be reappointed to the Commission on Aging representing the Smithfield District. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Chairman Casteen moved that Allan Hanrahan be reappointed to the Senior Services of Southeastern Virginia. The motion was adopted by a vote of (5- N. 0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Alphin moved that Ben Rideout be reappointed to the Commission on Aging representing the Carrsville District. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Hall moved that Alison Gale be reappointed to the Beautification Committee representing the Hardy District. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. OLD BUSINESS There was no old business offered for discussion by the Board. A break was declared by the Chairman and the Board returned to open session at 7:00 p.m. PUBLIC HEARINGS Public Hearing - An Ordinance to Designate as Exempt from Taxation all Real and Personal Property Owned or Operated by Community Harvest Outreach, Inc. Chairman Casteen called for persons to speak in favor of or in opposition to the Ordinance. Debra Hicks, Hidden Acres Subdivision, provided a slide presentation explaining the mission of Community Harvest. She stated that the request for exemption of taxation is made because a Deed of Gift has been received for the property which is currently exempted from Federal and State taxes. She advised that this organization is a major resource for the Department of Social Services and that a decrease in crime has been demonstrated because of its existence. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Darden moved that the following Ordinance be adopted: AN ORDINANCE TO DESIGNATE AS EXEMPT FROM TAXATION ALL REAL AND PERSONAL PROPERTY OWNED OR OPERATED BY COMMUNITY HARVEST OUTREACH INC. 6 BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the County of Isle of Wight, Virginia, to -wit: That, in accordance with Section 58.1 -3651 of the Code of Virginia (1950, as amended), all real and personal property currently owned and operated, or which may be owned and operated in the future, by Community Harvest Outreach Inc. is hereby exempt from taxation by Isle of Wight County, Virginia for so long as Community Harvest Outreach Inc. continues to use such real and personal property in the furtherance of its operation as a charitable organization and for so long as Community Harvest Outreach Inc. remains in compliance with all federal, state and local laws and regulations related to the operation of such charitable organizations. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Public Hearing - An Ordinance for Exclusive Franchise Agreement for Residential Solid Waste Collection and Disposal in Isle of Wight County County Attorney Popovich certified that the proposed Ordinance has been properly advertised for public hearing. Chairman Casteen called for persons to speak in favor or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Chairman Casteen moved that the following Ordinance be adopted: ORDINANCE FOR EXCLUSIVE FRANCHISE AGREEMENT FOR RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL IN ISLE OF WIGHT COUNTY This ordinance embodies the exclusive franchise service agreement (this "Service Agreement ") by and between THE COUNTY OF ISLE OF WIGHT, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "County ") and All Virginia Environmental Solutions, Inc., a corporation organized and existing under the laws of the Commonwealth of Virginia, with its principal office at 409 Main Street, Smithfield, Virginia, 23431 (the "Contractor ") and shall take effect on April 1, 2013 (the "Effective Date "). WHEREAS, the County is authorized by law to create service areas for the business of collection and disposal of residential garbage, trash or refuse in 10 the County, including the creation of an exclusive service area, and is further authorized to contract with any person or entity for garbage and refuse collection and disposal in the County; and WHEREAS, the County has previously entered into an ordinance franchise agreement for exclusive residential refuse collection and disposal services in the County, the extended term of which expires on March 31, 2013; and WHEREAS, the County desires to enter into a new franchise agreement for residential refuse collection and disposal services and has received and evaluated proposals for the same; and WHEREAS, because such new franchise agreement provides for services to be made available in the future to County residents not covered by the existing franchise agreement, the County has provided notice to companies currently providing residential garbage, trash or refuse collection or disposal services within the County outside of the scope of the current franchise and agreement to the extent that may be required by Section 15.2 -930 and 15.2- 934 of the Code of Virginia of 1950, as amended. NOW, THEREFORE, be it ordained that the County and the Contractor, in consideration of the mutual covenants and agreements hereinafter set forth, agree as follows: SECTION ONE DEFINITIONS For purposes of this Service Agreement, the following terms as defined below shall apply: Acceptable Waste - Solid waste that is not a regulated Hazardous Waste as described by Virginia Hazardous Waste Management Regulations, or any other applicable state or federal regulation, and will not pose a threat to health or public safety, or cause injury to, or adversely affect the operation of any Disposal Site. Cart — a wheeled container for Residential Waste, to be supplied by the Contractor. Contract Documents - Shall include the following documents, and this Service Agreement does hereby expressly incorporate same herein as if fully set forth verbatim in this Service Agreement: this form of Service Agreement, Request for Proposal (including General Terms and Conditions and Special Terms and Conditions); the proposal submitted by the vendor; and all modifications and addenda to the foregoing documents. 11 Contractor - The individual, firm, partnership, joint venture, corporation, or association to perform solid waste collection and disposal services under this Service Agreement, specifically All Virginia Environmental Solutions, Inc. County — Isle of Wight County, a political subdivision of the Commonwealth of Virginia. Disposal Fee - The charge to customers in the County for Contractor's Residential Waste collection and disposal Services. Disposal Site - A refuse depository for the processing or final disposal of Residential Waste including but not limited to sanitary landfills, transfer stations, mass composting facilities, incinerators, and mixed waste processing separation centers, which are licensed, permitted and approved by all governmental bodies and agencies having jurisdiction. The initial Disposal Site shall be the Facilities. Extended Term - January 24, 2018 to January 23, 2023. Facilities - The solid waste transfer station facilities currently operated by Southeastern Public Service Authority (SPSA) known as the Isle of Wight Transfer Station located at 13191 Foursquare Road, Smithfield, Virginia and the Franklin Transfer Station located at 30521 General Thomas Highway, Franklin, Virginia. Franchise Fee — The Franchise Fee described in Section Six. Garbage - Putrescible animal or vegetable wastes resulting from the handling, preparation, cooking, serving or consumption of food and including food containers. Hazardous Waste - Waste designated as hazardous by federal or state law or by regulation of the United States Environmental Protection Agency, the Virginia Department of Environmental Quality or other appropriate agency. Initial Term - April 1, 2013 to January 24, 2018. Performance Bond - A corporate surety performance and payment bond that guarantees performance of the Service Agreement and compensation to the County in the event that it must assume the obligations and /or duties of the Contractor in order to continue the services required by this Service Agreement. Records - Include but are not limited to accounting records, written policies and procedures, subcontract files, payroll records, original estimates, estimating worksheets, correspondence, change order files (including 12 documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to this Service Agreement. Refuse - Discarded waste materials in a solid or semi - liquid state, consisting of Garbage, Rubbish, or a combination thereof. Residential Unit — For the Initial Term, a Residential Unit is defined as a detached single family home, single -wide mobile home or double -wide mobile home located outside an established mobile home park, or a duplex home that can be serviced by a Cart, within the Service Area. For the Extended Term of this Service Agreement, the definition of Residential Unit shall be expanded to include mobile homes and manufactured homes located in a mobile home park or manufactured home park. Residential Waste — Acceptable Waste which is normally generated by households, including Garbage and Rubbish, but not including white goods, yard debris or large household items such as furniture, mattresses and carpet. Rubbish - Non - putrescible solid wastes consisting of combustible and non - combustible materials. Services - The services and other work required to be performed by Contractor under this Service Agreement. Service Area — All areas within the County except for any area within an incorporated Town located in the County. Service Year - Any period from January 1 through December 31 during the term of this Service Agreement, whether the Initial Term or the Extended Term. Vehicle — A Vehicle supplied by Contractor to provide collection and disposal of Residential Waste under this Service Agreement, which shall be an enclosed packer type truck. SECTION TWO GRANT OF FRANCHISE For and in consideration of the mutual covenants and agreements set forth herein, including the payment of the Franchise Fee by Contractor to the County as set forth below, the County gives and grants to Contractor an exclusive franchise and right to pick up, collect, transport, and dispose of Residential Waste in the Service Area, beginning on the Effective Date for the Initial Term, which Initial Term may be extended for the Extended Term at the option of the County. SECTION THREE 13 SCOPE OF SERVICES A. Services to be Provided by Contractor. Commencing on the Effective Date, the Contractor shall collect and dispose of in a workmanlike manner Residential Waste placed in a Cart at curbside at each subscribing Residential Unit located within the Service Area, in accordance with the requirements of the Contract Documents. The Cart shall be a size reasonably adequate for the Services to be provided under this Service Agreement. The day of collection for each portion of the Service Area shall follow a predetermined schedule. Contractor shall collect Residential Waste once a week from each Residential Unit, with the frequency of collection for additional services to be determined by Contractor. Contractor will provide a Cart to each subscribing Residential Unit. Each Cart shall be large enough for its reasonable intended use. The first Cart shall be provided to each Residential Unit by Contractor free of charge. Upon request, Contractor will provide an additional Cart or Carts to a Residential Unit at the Contractor's cost. All Residential Waste shall be placed at the curb by 7:00 am on the designated collection day. Contractor shall dispose of all Residential Waste at a Disposal Site. Contractor shall not mix Residential Waste in any Vehicle with any Garbage, Refuse, Rubbish or other material received by Contractor from any source or location other than a Residential Unit located in the Service Area. All Vehicles shall contain only Residential Waste collected from Residential Units in the Service Area and the County shall have the right to check and monitor the materials being carried in any Vehicle or disposed of by Contractor at any Disposal Site. B. Hours of Service. Services for collection of Residential Waste shall be performed Monday through Friday from 7:00 AM. to 4:00 P.M., except for holidays. C. Holidays. Contractor shall not be required to provide services on New Year's Day, Independence Day, Thanksgiving Day and Christmas Day. D. Complaints. The Contractor shall receive, respond to and resolve all complaints from any source regarding services provided under this Service Agreement. Any complaints received by the County will be directed to Contractor. Should a complaint go unresolved for longer than one (1) day, the County shall have the right to demand an explanation or resolution of the incident generating the complaints to the County's satisfaction. 14 E. Vehicles and Equipment. An adequate number of Vehicles, including backup Vehicles, shall be provided by Contractor to properly and efficiently provide service in accordance with the terms of this Service Agreement. The Contractor is required to provide all Vehicles, fuel, lubricants, equipment, tools, materials and any other items required to provide the services described herein, including the cost of all maintenance activities related to its vehicle fleet. All Vehicles shall be designed and secure to prevent blowing of material and to keep leaking at a minimum during transport. All Vehicle heights should be coordinated with applicable door heights and overhead clearances at the Disposal Sites. All Vehicles shall be licensed and operated in compliance with, and shall otherwise comply with, all applicable local, state and federal laws and requirements, which may include applicable requirements of the Virginia Department of Environmental Quality, the Virginia Department of Transportation and the Environmental Protection Agency. All Vehicles and other equipment of Contractor shall be kept in proper repair and sanitary condition, and washed on a regular basis. Each Vehicle shall bear, at a minimum, the name and phone number of Contractor plainly visible on both cab doors. Each Vehicle shall be uniquely numbered in lettering at least six (6) inches high. No Vehicle shall be overloaded. The Contractor shall collect all litter resulting from the operation of Contractor's vehicles. Contractor shall be solely responsible for, and bear all costs, expenses and liabilities connected with or arising from, all Vehicles and equipment operated for Contractor or on its behalf at any property or facility of the County and on any Disposal Site whether publicly or privately owned or operated, and at all other locations. F. Facilities and Disposal Sites. The County may require Contractor to transport Residential Waste to an alternate Disposal Site if for any reason or for any period of time Residential Waste can no longer be disposed of at the Facilities. Contractor shall comply with all rules and regulations governing the operation of any Disposal Site, and shall provide information reasonably requested by the owner or operator of any Disposal Site. G. Title to Solid Waste. Title to Residential Waste shall pass to Contractor when placed in any Contractor collection vehicle or when removed by or for the Contractor from any Cart. H. Reports. Contractor shall provide monthly reports to the County as to the following: (1) tonnage of Residential Waste hauled by Contractor under this Service Agreement, (2) number of trips made by Contractor's Vehicles transporting Residential Waste to each Disposal Site, (3) truck number of every Vehicle providing Services under this Service Agreement, 15 (4) collection route of every such Vehicle and (5) scheduled days of collection of Residential Waste identified by truck number and collection route. I. Disposal Routes. Residential Waste shall be hauled to Disposal Sites using major thoroughfares to the greatest extent practicable. J. Taxes. All tax liabilities of the Contractor arising under the terms of this Service Agreement or as a result of this Service Agreement shall be paid by the Contractor. K. Contact Information. Contractor shall maintain an office at which a Contractor representative can be reached by telephone during regular working hours to answer questions about the collection Services. Contractor shall provide timely written notice of any change in Contractor's contact telephone number, office address or change in collection routes or times of Service to all customers being provided Services under this Service Agreement. The Isle of Wight County Administrator /or his designee shall be notified immediately in the event that scheduled collection or disposal cannot be met due to mechanical or other unforeseen delays. SECTION FOUR COMPLIANCE WITH LAW A. Compliance with Applicable Laws and Regulations. The Contractor represents and warrants that it is fully qualified and able to perform all Services, that it holds any and all required federal, state and local licenses, permissions and permits required for Contractor to perform the Services, and that it will keep all such licenses, permissions and permits in full force and effect during the performance of any of Contractor's duties or obligations under this Service Agreement. Contractor represents and warrants that it will comply with all applicable laws, statutes, regulations and ordinances relating or applicable to the performance of any Services by Contractor. B. Independent Contractor. Contractor, including all employees, agents and subcontractors engaged by Contractor, shall perform all Services as an independent contractor and not as an officer, agent, servant or employee of the County. Except as otherwise provided under this Service Agreement, Contractor shall have exclusive control of and the exclusive right to control the details of the Services and all persons performing the same and nothing herein shall be construed as creating a partnership or joint venture between the County and Contractor. No person performing any Services shall be considered an 16 officer, agent, servant or employee of the County, and no such person shall be entitled to any benefits available or granted to employees of the County. SECTION FIVE COLLECTION ROUTES Contractor shall render Services to residences in its franchised area in accordance with Exhibit A attached hereto. SECTION SIX RATES AND FRANCHISE FEE Contractor's Disposal Fees shall be in accordance with Exhibit B attached hereto. Contractor shall pay the County a monthly Franchise Fee of $1.00 per Residential Unit. The Franchise Fee shall be due and payable to the County by the fifth day of each month, beginning May 1, 2013. SECTION SEVEN ASSIGNMENT AND CONTRACTING The Contractor shall not assign or transfer its rights and obligations under this Service Agreement except with the express written consent of the County. As a condition of such consent, any person or entity to which a proposed assignment is made shall be required to demonstrate, to the reasonable satisfaction of the County, that it is capable of fulfilling all duties and obligations of Contractor under this Service Agreement. In this regard the proposed assignee shall be required to submit to the County (a) a written description of its experience, pertinent references and available staff and equipment that will allow the proposed assignee to fulfill all obligations under this Service Agreement, (b) its most recent financial statements for a period of five years and (c) other documents reasonably requested by the County. In the event that such an assignment is made and consented to, the assignee shall execute a written assignment agreement (the "Assignment Agreement ") to be bound by the terms and conditions of this Service Agreement, which Assignment Agreement shall be in form and substance satisfactory to the County, and the original Contractor shall not be released and discharged from any obligations to the County hereunder without the express written consent of the County. SECTION EIGHT PERSONAL DISPOSAL OF GARBAGE Except as hereinafter provided, nothing contained in this Service Agreement shall prevent any person, firm, or corporation from personally 17 disposing of its own trash, garbage, refuse in a legal and lawful manner and in compliance with the laws, rules, and regulations of the Commonwealth of Virginia and the County. It shall not be mandatory for any person or residence not using the services of Contractor as of the Effective Date of the this Service Agreement to utilize the services of the Contractor however, the County does not relinquish its right and authority to require, by statute, ordinance or otherwise, any and all future development within the boundaries of the County to dispose of trash, garbage or refuse of said developments through Contractor or any other franchisee in the future if the County determines that said requirement is in the best interest of the health, safety and /or welfare of its citizenry or for any other reason not prohibited by law. SECTION NINE IIG.111•� Notwithstanding the provisions of Section Ten below, during the Initial Term the County may terminate this Service Agreement, effective anytime from July 1, 2017 to January 24, 2018, upon 60 days written notice to Contractor. The County has the option to renew this Service Agreement for the Extended Term by providing the Contractor with written notice of the County's decision to extend the Service Agreement for the Extended Term at any time between and including July 1, 2017 and September 30, 2017. SECTION TEN TERMINATION This Service Agreement will remain in force for the full period specified and until the County determines that all requirements and conditions have been satisfactorily met and the County has accepted the Services, and thereafter until the Contractor has met all requirements and conditions relating to the Services under the Service Agreement, including warranty and guarantee periods. However, the County will have the right to terminate the Service Agreement sooner if the Contractor has failed to perform satisfactorily the Services required, as determined by the County in its discretion. In the event the County decides to terminate the Service Agreement for failure to perform satisfactorily, the County will give the Contractor at least forty -five (45) days written notice before termination takes effect. Such forty -five (45) day period will begin upon mailing or delivery of notice by the County. The Contractor shall have the right to cure its failure to properly perform under this Service Agreement within the forty -five (45) days specified in the notice. If the Contractor cures its failure to properly perform under this Service Agreement, the termination shall not take effect. If the Contractor fails to cure its failure to properly perform under the Service Agreement, within the forty -five (45) days specified in the notice, the County may terminate this Service Agreement. The termination for convenience provisions of the RFP attached hereto shall also apply to the parties hereto. UK Notwithstanding the foregoing, any action or failure to act by the Contractor which endangers or threatens to endanger the health or safety of the public or causes or threatens to cause material environmental damage, must be rectified and corrected by the Contractor within forty -eight (48) hours of the event giving rise to such actual or potential health, safety or environmental danger or damage. In the event of such action or failure to act, the County shall have, in addition to all other rights at law or in equity, the right to rectify and correct such present or potential danger or damage at Contractor's expense, and Contractor shall reimburse the County for all such expenses within seven (7) days of demand therefor. No remedy conferred by this Service Agreement upon or reserved to the County is intended to be exclusive of any other available remedy or remedies, but every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute. Upon the occurrence of a default hereunder caused by failure to perform a material obligation under this Service Agreement or breach of contract by either party, the other party may exercise any available legal or equitable remedy or remedies, including but not limited to a claim and suit for damages, which may include seeking recovery for compensatory, consequential and punitive damages, (which may include but are not limited to property damage, diminution of property value, investigatory costs, environmental cleanup and remediation costs, expert witness and consultants fees and reasonable attorney's fees), a claim and suit for specific performance, and a claim and suit for injunctive relief. SECTION ELEVEN LIABILITY Contractor shall indemnify and hold the County and its officers, servants, agents, representatives and employees harmless from and against all suits, actions, demands, injury, costs, claims, damages, losses, charges, liability, exposure and expenses, including attorney's fees, of whatever kind or nature arising out of or resulting from the Contractor's performance or nonperformance of the terms of this Service Agreement or Contractor's obligations under this Service Agreement including but not limited to those attributable to bodily injury, sickness, death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, or to economic loss. SECTION TWELVE NO WAIVER The failure of either party to the Service Agreement to insist upon the performance of any of the terms and conditions of this Service Agreement of 19 the waiver of any breach of any of the terms and conditions of this Service Agreement shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no forbearance or waiver had occurred. SECTION THIRTEEN EFFECT OF PARTIAL INVALIDITY The invalidity of any portion of this Service Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Service Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect without regard to the invalid provision. SECTION FOURTEEN ENTIRE AGREEMENT This Service Agreement, which includes all Contract Documents attached hereto and included herein, shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the Effective Date of this Service Agreement shall not be binding upon either party except to the extent incorporated in this Service Agreement. Should a conflict arise between the provisions of the Service Agreement as set forth in this ordinance and any of the Contract Documents attached hereto and included herein, the provisions of this Service Agreement set forth in this ordinance shall control. SECTION FIFTEEN MODIFICATION OF AGREEMENT Any modification of this Service Agreement or additional obligation assumed by either party in connection with this Service Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. SECTION SIXTEEEN MISCELLANEOUS A. Parties' Representatives. For the purposes of this Service Agreement, the County designates the County Administrator as its representative and has empowered the County Administrator with the authority necessary to administer the provisions of this Service Agreement. Contractor shall assign a qualified person or persons 20 to be in charge of the Services, and agrees to give the name of such person or persons to the County no later than the Effective Date of this Service Agreement. Contractor agrees at all times to provide adequate central office staffing and phone support to answer questions from the general public or the County, and to take and respond to complaints. B. Notice. All notices and demands by any party to any other shall be given in writing and sent by a nationally recognized overnight courier or by United States certified mail, postage prepaid, return receipt requested, and addressed as follows: 1. To the County: County Administrator P.O. Box 80 17090 Monument Cir. Isle of Wight, VA 23397 with a copy to:County Attorney P.O. Box 80 17090 Monument Cir. Isle of Wight, VA 23397 2. To Contractor: All Virginia Environmental Solutions, Inc. P.O. Box 953 409 Main Street Smithfield, VA 23431 Any party may, upon prior written notice to the others, specify a different address for the giving of notice. Notices shall be effective one day after sending if sent by overnight courier or three (3) days after sending if sent by certified mail, return receipt requested. C. Contractor Records. Records of Contractor and any Subcontractor related to this Service Agreement shall be subject to County review, audit and /or reproduction and shall be open to inspection by the County during normal working hours or at such times as are mutually agreed upon by the parties. Contractor and any Subcontractor shall maintain their books and records related to the performance of this Service Agreement in accordance with the following minimum requirements: 1. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers and canceled checks, as well as all other records or documents evidencing or relating to charges for Services for a minimum period of five (5) years, or for any longer period required by law, from the date of termination or completion of this Service Agreement. 21 2. Contractor shall maintain all documents and records which demonstrate performance under this Service Agreement for a minimum period of five (5) years, or for any longer period required by law, from the date of termination or completion of this Service Agreement. Such documents shall include the occupant name and address of each Residential Unit. 3. Any records or documents required to be maintained pursuant to this Service Agreement shall be made available for inspection or audit, at any time, during regular business hours, upon written request by the County Representative at Contractor's address indicated for receipt of notices in this Service Agreement. D. Inspections. Contractor agrees to permit County- designated personnel, at the convenience of such personnel, to inspect its collection and disposal vehicles and facilities and those vehicles, facilities, equipment, or procedures of any Subcontractor to the extent such items apply to the performance of this Service Agreement, including for sanitation, appearance and safety reasons. E. Survival of Obligations The representations, warranties, agreements, promises, liabilities, duties, obligations and available remedies of the parties under this Service Agreement shall continue in force and effect for the longest period permitted by applicable law. Any statute or period of limitation or repose applicable to any cause of action related to or arising from any provision of this Service Agreement or any services to be performed under this Service Agreement shall not begin to run until the discovery by the party entitled to bring such cause of action of facts or events which give rise to such cause of action. F. Contractor Authorized The Contractor represents that it is duly organized, validly existing and in good standing under the laws of the Commonwealth of Virginia, is qualified to do business in the Commonwealth of Virginia and has all requisite corporate power and corporate authority to execute and perform its obligations under this Service Agreement. SECTION SEVENTEEN PROCEDURE FOR CONTRACTUAL CLAIMS A. Contractual claims, whether for money or other relief, except for disputes exempted by law from the procedure set forth herein, shall be submitted in writing no later than sixty days after the contractual claim arises. 22 Any written notice of Contractor's intention to file such a claim need not detail the amount of the claim, but shall state the facts and /or issues relating to the claim in sufficient detail to identify the claim, together with its character and scope. Whether or not Contractor files such written notice, Contractor shall proceed with performing the Services as directed. B. The County, upon receipt of a detailed claim, may at any time render its decision and shall render such decision within one hundred (120) days of receipt. Each decision rendered shall be forwarded to Contractor by written notice. C. If the Contractor disagrees with the decision of the County concerning any pending claim, the Contractor shall promptly notify the County by written notice that the Contractor is proceeding with the Services under protest. D. The decision on contractual claims by the County shall be final and conclusive unless the Contractor appeals within six months of the date of the final decision on the claim by instituting legal action in the appropriate Circuit Court. SECTION EIGHTEEN PERFORMANCE BOND Contractor shall furnish to the County a Performance Bond, or an irrevocable Letter of Credit (the "Letter "), in form satisfactory to the County on the Effective Date for the faithful performance of this Service Agreement and all obligations arising hereunder. The Contractor shall provide a Performance Bond or Letter fully executed for the time period April 1, 2013 through March 31, 2014, and such a Performance Bond or Letter shall also be provided for every subsequent 12 month period the Service Agreement is in effect. The Contractor shall be responsible for the cost of the Performance Bond or Letter. The Bond or Letter for each year shall be in the amount of One Hundred Thousand Dollars ($100,000) and shall indemnify the County against any loss or damage resulting from any failure by the Contractor to perform as required by the terms of this Service Agreement up to the One Hundred Thousand Dollar amount of the Performance Bond or Letter. Any Performance Bond shall be executed by a surety company licensed to do business in the Commonwealth of Virginia in a form acceptable to the County. A certificate from the surety company showing that the Performance Bond premiums are paid in full shall accompany the Performance Bond. Irrevocable Letters of Credit may be from any bank authorized to do business in the Commonwealth of Virginia. SECTION NINETEEN 23 PARAGRAPH HEADINGS The titles to the paragraphs of this Service Agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid on the interpretation of the provisions of this Service Agreement. SECTION TWENTY COUNTERPARTS This Service Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall together constitute the one and same instrument. Exhibit A 24 25 Exhibit B RATES AND FEE SCHEDULE Curbside Service Rate: A flat rate of $13.61 per month will be charged for weekly curbside pick -up of one 96 gallon rolling cart. The contractor will give the option to the customer for a smaller cart (64 gallon); however, the price will remain the same. This rate includes a "monthly" Franchise Fee of $1.00 per Residential Unit. Additional Cart Rate: A flat rate of $5.50 per month will be charged for each additional 64 or 96 gallon cart. Fuel Surcharge Fee: When the "average" cost of diesel fuel exceeds $3.00 per gallon over a three month period, a fee shall be charged to customers as a separate line item on their invoice. Fuel prices will be based on the local market price and assessed quarterly (January - March, April - June, July - September, October - December) for the following quarterly bill. The Fee will increase or decrease based on the following schedule: MONTHLY Average SERVICE ADD'L TIER Quarterly CART FUEL FUEL COSTS Fat Fee ( ) RATE SURCHARGE (per gallon) �lat Fee 1 $2.99 & below $13.61 $5.50 - 2 $3.00 - 3.99 $13.61 $5.50 5% 3 $4.00 - 4.24 $13.61 $5.50 10% 4 $4.25 - 4.49 $13.61 $5.50 15% 5 $4.50 - 4.99 $13.61 $5.50 1 20% 6 $5.00 & above Additional Fuel Surcharge Fee will re uire County approval. or QUARTERLY Average SERVICE ADD'L TIER Quarterly CART FUEL FUEL COSTS at Fee RATE SURCHARGE (per gallon)) Flat Fee 1 $2.99 & below $40.83 $5.50 - 2 $3.00 - $3.99 $40.83 $5.50 5% 3 $4.00 - $4.24 $40.83 $5.50 10% 4 $4.25 - $4.49 $40.83 $5.50 15% 5 $4.50 - $4.99 $40.83 $5.50 1 20% 6 $5.00 & above Additional Fuel Surcharge Fee will re uire County approval. 26 Since diesel fuel prices are currently in the Tier 2 range ($3.00 -$3.99 per gallon), the first quarter billing cycle will reflect 5% Fuel Surcharge Fee. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Public Hearing - Sale of a Portion of Public Property Located on Great Springs Road to the HOPE Presbyterian Church County Attorney Popovich certified that the public hearing has been properly advertised. Chairman Casteen called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Bailey moved that the Chairman and /or County Administrator be authorized to execute any and all documents required for closing on this matter. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Public Hearing - Lease of the Old Health Department Building Located at 402 Grace Street in Smithfield, Virginia to the Christian Outreach Program for Use as a Storage /Office Facility County Attorney Popovich certified that the public hearing has been properly advertised. Chairman Casteen called for persons to speak in favor of or in opposition to the matter. No one appeared and spoke. Chairman Casteen closed the public hearing and called for comments from the Board. Supervisor Hall moved that the Chairman be authorized to sign the lease on behalf of the Board. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. 27 A motion was made by Supervisor Darden to return to the regular order of the agenda, which was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. NEW BUSINESS Supervisor Alphin advised that he would be seeking another Board member to serve along with him on the Board /School Board Committee when Supervisor Hall becomes Chairman. Regarding the issue of the Church Sign exemption, Supervisor Darden offered, then withdrew her motion, to direct staff to review the ordinance and /or exemption related to church signs and bring back a recommendation at the Board's January 17, 2013 meeting to assist Calvary Baptist Church with advertising its services. Supervisor Darden then moved that staff be directed to return to the Board at its January 17, 2013 meeting with recommendations on proposed revisions to the ordinance to allow such signage within the County. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey requested County Administrator Caskey to speak with the Sheriff regarding School Resource Officers being returned to the elementary schools. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711A.7 of the Code of Virginia regarding consultation with legal counsel requiring the provision of legal counsel pertaining to Johnson and Beale Associates and under Section 2.2- 3711A.1 concerning a personnel matter. Chairman Casteen moved that the Board enter the closed meeting for the reasons stated by the County Attorney. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that the Board return to open meeting. The motion was adopted by a vote of (5 -0) with Supervisors Casteen, Darden, Bailey, Hall and Alphin voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING W:3 WHEREAS, the Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and, WHEREAS, Section 2.2- 3712.D of the Code of Virginia requires a certification by this Board of Supervisors that such closed meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors. VnTF. AYES: Bailey, Darden, Hall, Alphin and Casteen NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 At 7:30 p.m., there being no further business for discussion, Chairman Casteen declared the meeting adjourned. Carey NWills Storm, Clerk 29 . 4C G. Alan E. Casteen, Chairman