4-20-2023 Regular MeetingREGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD
IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY
COURTHOUSE LOCATED AT 17090 MONUMENT CIRCLE, ISLE OF WIGHT, VIRGINIA
ON THURSDAY, THE TWENTIETH DAY OF APRIL IN THE YEAR TWO THOUSAND AND
TWENTY-THREE
BOARD MEMBERS PRESENT:
William M. McCarty, District 2, Chairman
Joel C. Acree, District 4, Vice -Chairman
Richard L. Grice, District 1
Don G. Rosie, II, District 5
Rudolph Jefferson, District 3
STAFF MEMBERS PRESENT:
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Robert W. Jones, Jr., County Attorney
Carey Mills Storm, Clerk
CALL TO ORDER
Chairman McCarty called the regular meeting to order at 5:00 p.m.
County Attorney Jones advised that under State Code and the Board's by-laws, a
Board member can participate remotely in a meeting if a quorum is assembled and
if the member has requested and notified the Chairman that he wishes to appear
remotely/electronically. He stated, in that regard, Supervisor Grise will be
participating electronically due to a personal reason which requires no Board vote
for him to participate remotely but does require that he state the remote location
from which he is participating.
Supervisor Grice advised that he would be participating electronically from his
home located at 415 Muirfield of Smithfield due to an illness.
He thereafter joined the meeting.
APPROVAL OF AGENDA
On motion of Supervisor Jefferson, the agenda as presented was adopted
unanimously (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and Rosie
voting in favor of the motion and no Supervisors voting against the motion.
CLOSED MEETING
County Attorney Jones requested a closed meeting pursuant to Section 2.2-3711(A)
of the Code of Virginia for the limited purpose of 1.) Consultation with legal counsel
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employed by the Board regarding specific legal matters requiring the provision of
legal advice by such counsel, namely the awarding of franchise agreements,
pursuant to subsection 8; a discussion regarding the appointment of specific
appointees to County boards, committees or authorities as set forth in the agenda,
pursuant to subsection 1; and, a discussion regarding the renegotiation of a lease
of water tower space to a cellular provider, where discussion in an open meeting
would adversely affect the bargaining position or negotiating strategy of the Board,
pursuant to subsection 3.
Upon motion of Vice -Chairman Acree and all voting in favor (5-0), the Board
entered the closed meeting for the reasons stated.
Upon motion of Chairman McCarty and all voting in favor (5-0), the Board
reconvened into open meeting.
County Attorney Jones reminded the Board that in accordance with Section 2-10(G)
of the Board's Rules & Procedure, all those who participated in the closed meeting
are reminded that all matters discussed in closed meeting are to remain confidential,
as provided under the Virginia Freedom of Information Act, and that such matters as
were discussed in closed meeting should not be acted upon or discussed in public by
any participant unless and until a public, formal action of the Board of Supervisors is
taken on that particular subject matter.
Upon motion of Chairman McCarty, the following Resolution was adopted:
CERTIFICATION OF CLOSED MEETING
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.
VOTE
AYES: Acree, Grice, McCarty. Rosie
NAYS: 0
ABSENT DURING VOTE: Jefferson
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ABSENT DURING MEETING: 0
INVOCATION
Assistant County Administrator Robertson delivered the invocation and led the
Pledge of Allegiance to the flag.
CONSENT AGENDA
On motion of Supervisor Jefferson, the Consent Agenda, as presented and follows,
was adopted unanimously (5-0):
A. Resolution to Amend the FY2022-2023 Budget and Appropriate Funding for
Asset Forfeiture ($17,737)
B. Resolution to Amend the FY2022-23 Budget and Appropriate Funding for
Children's Services Act ($350,000)
C. Resolution to Amend the FY2022-23 Operating Budget and Appropriate
Funding for Virginia Tourism Corporation Drive OUTDOOR Grant ($20,000)
D. Resolution to Amend the FY2022-23 Operating Budget and Appropriate
Funding for Repair of County Property from Insurance Proceeds ($7,838)
E. Resolution to Establish an Opioid Abatement Special Revenue Fund
F. Resolution to Amend the FY2022-23 Operating Budget and Appropriate
Donated Funds to the Instructional Category in the Schools' FY2022-23
Budget ($50,000)
G. Resolution to Amend the FY2022-23 Operating Budget and Appropriate
FY2021-22 Mentor Teacher Grant Funds to the Instructional Category in the
Schools' FY2022-23 Budget ($11,596)
H. Resolution to Amend the FY2022-23 Operating Budget and Appropriate
FY2022-23 Mentor Teacher Grant Funds to the Instructional Category in the
Schools' FY2022-23 Budget ($2,718)
I. Resolution to Amend the FY2022-23 Operating Budget and Appropriate Title
I and Title IV Grant Funds to the Instructional Category in the Schools'
FY2022-23 Budget ($225,680)
J. Resolution to Amend the FY2022-23 Budget and Appropriate Grant Funds for
the DCJS Violence Against Women's Act Grant ($30,795)
K. Resolution to Proclaim May 2023 as Business Appreciation Month
L. Resolution to Request Commonwealth Transportation Board Economic
Development Access Funds ($850,000)
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M. Minutes
March 2, 2023 Joint Work Session Minutes
CITIZENS' COMMENTS
Jim Henderson of District 2 advised that the Historical Society would like to publish
approximately 2,000 copies of a third version on the history of the County.
Dale Jordan of Windsor advised the Board that she will be making an appeal for
overpaid taxes. Chairman McCarty directed Ms. Jordan to contact the County
Attorney's office for guidance on how to proceed with her appeal.
Greg Creswell of AES updated the Board on construction efforts at the Cavalier
Solar project and challenges being faced with regard to traffic management.
Christopher Cavallo of Virginia Beach spoke about inadequate infrastructure.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
Chairman McCarty shared that at the most recent meeting of the Hampton Roads
Transportation Planning Organization, he had learned that Virginia Tech is
developing a program for battery powered autonomous trucks for use inside the
Port of Virginia.
APPOINTMENTS
Supervisor Jefferson moved to appoint Arleen Picot to serve on the Southeastern
Tidewater Opportunity Project. The motion was adopted unanimously (5-0) with
Supervisors McCarty, Acree, Grice, Jefferson and Rosie voting in favor of the motion
and no Supervisors voting against the motion.
SPECIAL PRESENTATIONS
Ethan Swartz and Kadence DeStefano were recognized for launching the Stop the
Bleed Program.
Vice -Chairman Acree moved to adopt the following Resolution:
RESOLUTION TO RECOGNIZE ETHAN SWARTZ
AND KADENCE DISTEFANO FOR LAUNCHING THE
STOP THE BLEED PROGRAM
WHEREAS, Ethan Swartz and Kadence Distefano are students involved in
JROTC at Smithfield High School; and,
WHEREAS, Ethan Swartz and Kadence Distefano have been instrumental in
spearheading an effort to establish a Stop the Bleed program whereby students
and teachers at Smithfield High School and other Isle of Wight County Schools
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can learn life-saving techniques to deploy in mass casualty and other
emergency situations; and,
WHEREAS, Ethan Swartz and Kadence Distefano have demonstrated
attributes of leadership and initiative that serve as examples for other students
and citizens to emulate; and,
WHEREAS, the Board of Supervisors desires to recognize and encourage said
attributes which improve the quality of life of the citizens of Isle of Wight
County.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the
Board of Supervisors of Isle of Wight County, Virginia recognizes and
commends Ethan Swartz and Kadence Distefano for launching the Stop the
Bleed program in Isle of Wight County Schools in an effort to save the lives of
other students, teachers, and citizens.
The motion was adopted unanimously (5-0) with Supervisors McCarty, Acree,
Grice, Jefferson and Rosie voting in favor of the motion and no Supervisors voting
against the motion.
PUBLIC HEARINGS
A. Proposed FY2023-24 Operating Budget, Capital Budget, Related Ordinances,
and FY2024-33 CIP
County Attorney Jones advised that there are three separate public hearings that
will be held simultaneously.
Chairman McCarty opened the public hearing and called for persons to speak in
favor of or in opposition.
Bob Hayes, Chairman, Western Tidewater Free Clinic, acknowledged the Board's
past financial support. He reviewed services provided to 289 County residents last
year by the Clinic related to dental, medical, mental health and pharmacy benefits.
He provided information on the expansion of the clinic which will be completed this
fall and consist of increasing the dental chairs from two to four.
Christopher Cavallo of District 2 spoke in favor of the budget with proper oversight
and investment in ourselves.
Volpe Boykin of District 5 recommended that there be no tax increase proposed in
the budget.
Shelly Perry of District 3 recommended there be no tax increase.
Herb DeGroft of the Carrsville District notified the Board of his dedicated support
of the School Board budget being approved categorically.
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Chairman McCarty closed the public hearing and notified the public that the Code
of Virginia requires the Board to wait at least seven days before acting on the
proposed FY2022-23 Operating and Capital Budget which includes an advertised
General Fund Operating Budget of $94,079,563 and a Capital Budget of $7,251,445.
The proposed FY2023-24 Operating Budget for Isle of Wight County Schools is
$88,124,334.
Chairman McCarty recommended public safety funds be the topic of discussion at
the Board's April 27, 2023 work session. County Administrator Keaton was
requested to invite the Sheriff and his key staff and the Fire Chiefs to next
Thursday's work session.
B. Proposed Solar Energy Facility Ordinance Changes
Amy Ring, Director of Community Development, summarized the proposed
ordinance changes.
Chairman McCarty opened the public hearing and called for those to speak in favor
of or in opposition to the proposed changes.
Christopher Cavallo of District 2 spoke in favor of the proposed changes.
Greg Crisswell, Senior Development Manager, AES advised that AES recently
submitted an application for a Conditional Use Permit for a solar facility in the
County and, if approved, AES would potentially own and operate 375 megawatts
within the County consisting of three projects with a net fiscal impact that would
place AES among the highest taxpayers in the County. He noted that because the
proposed changes could significantly diminish these impacts based primarily on a
concern with the 2% cap, AES is requesting an amendment to Article 2 and Article
4 of the County's Zoning Ordinance for Conditional Use Permit applications related
to utility scale solar energy facilities filed with the County on or after the date that
the amendment is adopted. Also, any Conditional Use permit applications for
utility scale solar energy facilities filed with the County prior to the adoption of the
proposed amendment shall be subject to the provisions of Article 2 and 4 of the
County's Zoning Ordinance in effect on the date that the application was filed.
Volpe Boykin of District 5 spoke in favor of a cap of 2% and taking up the entire
area.
Randy Arrington of District 5 spoke about a potential decrease in property value.
He notified the Board that there had been a fire in Surry County where EMS could
not get in because the gates were locked and a fire in Emporia where EMS had been
able to get inside but had no training to put the fire out. He stated roads do not
support fire trucks and OSHA says that solar farms have increased heat and cold
stress. He recommended a cap to hold the applicant accountable.
Debbie Arrington of Yellow Hammer Road told the Board that she had received
documents talking about her health issues from Mr. Gilcrest. She requested action
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be taken to keep any solar company from approaching homeowners that are not
interested in selling their land. She spoke in favor of a cap. She asked who will clean
up the debris following a storm and do these panels have a wind capacity.
Blake Cox of Chesterfield, Energy Right, commended the County on its current
Zoning Ordinance. He stated that acreage caps on solar projects only handicapped
the County's ability to shape reasonable proposals. He stated never before has a
farm been required to keep a certain percentage of land outside of production and
never has a landowner been limited to the amount of land they can utilize for a
specific purpose. He encouraged the Board to continue judging projects on an
individual basis and on their merit, not with blanket restrictions that will hurt the
people intended to protect.
Mike Volpe with Open Road Renewables stated they are in support of the
recommended changes to the Ordinance and believe they will improve the poor
aesthetics of existing projects, protect the County financially and maintain the
quality of the land. He recommended that the Ordinance state that it applies only
to new Conditional Use Permit applications. He distributed two proposed different
grandfathering variances for consideration to the County Attorney. Variant #1 is
based upon if the Conditional Use Permit is submitted as of the change of the
ordinance and variant #2 is if the project is more advanced through the permitting
and the staff report has been issued. He stated both variants include a
housekeeping matter which clarifies that the reference in the ordinance to a
structure with documented historical significance to a cultural resource refer to
historical resources that are eligible for the National Register of Historic Resources.
He stated that he supports an acreage cap of 2% and he suggested that the
ordinance define prime agricultural land and that the 2% cap applies to the
farmland that will be inside the fence of the permit.
Nick Balice of Mill Creek Drive expressed concern with fires at solar farms and
recommended that the Board develop a plan that property values are assessed by
a third party within a two-mile radius of a solar site. He stated that the County can
collect those costs from the developer, but the developer should not be able to hire
its own agent.
Chance Zajicek of Jacksonville, Florida stated that the revisions are an attempt to
slow the pace of solar applications and to ensure that the local infrastructure can
support new development and limit the total number of projects constructed
within the County. He stated as drafted, some of the revisions will be impossible to
comply with and will effectively cease development in the County and eliminate
any reliable source of tax revenue. He suggested that an arbitrary cap on the
number of acres with specific soil characteristics that may be used for solar
discriminates against farmers and owners of land deemed prime farmland. He
stated no consideration is given to whether the land is currently being farmed, has
been farmed in recent history, or the owner is interested in the land being farmed
in the future. He stated the cap prevents the landowner from generating long-term
low -risk income for their families and to use their land as they see fit. He stated
caps like this can cause a rush in projects which in turn causes less than optimal
projects to get approved. He stated that he believes projects should be assessed on
their merit and a first come first -approved approach can lead to unsightly projects
and establish a base line from which all projects will be judged. He stated that the
Energy Task Force created by the County presents a fantastic opportunity to discuss
existing concerns, brain -storm solutions and compose ordinance amendments that
are acceptable to the County residents while maintaining landowner freedom.
Mike Doggett of Central Hill Road advised that he is currently in the process of
developing a small-scale solar farm on Route 258 and the changes, as proposed,
will greatly impact the ability of that project to be kept small. He stated farmers are
a better judge of what prime farmland is. He stated that he is also a landowner in
the solar project located off of Red House Road and he confirmed that no topsoil
has been removed from that project. He stated the new proposed 30-foot buffer
with three tiers of vegetation is excessive in his opinion. He requested that if the
Board is in favor of adopting the proposed revisions to the Zoning Ordinance that
consideration be given to smaller projects so that farmers can develop a small part
of their farm in order to diversify the income.
Paul Garris of Yellowhammer Road stated there are more cons associated with
solar farms than pros. If approved, citizens will be subjected to fires associated with
these projects and other Boards of Supervisors are voting no to these types of
projects. He recommended that the County include the entire parcel of the 2% vote
to minimize the consequences that will surely follow and he encouraged the Board
to vote on this matter tonight to prevent any aggressive movements from solar
companies and remove the pressure off the Board until the Task Force can do their
research. He reminded the Board that other localities have established caps on
their projects.
Clinton Wood, New Energy, of Massachusetts, referred to a letter addressed to the
Board and placed at their seats prior to the meeting. He stated landscaping
setbacks and 500-foot setback will have an adverse effect on what the County is
attempting to achieve. He recommends that the County use some discretion when
implementing the landscaping buffer requirements and setbacks. He advised that
within his letter Exhibit A is proposed language that would allow some discretion
to be implemented.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Supervisor Rosie asked staff to investigate and report back on his questions
regarding the sound level.
Supervisor Jefferson wondered if the real estate value has decreased or increased
on homes located near solar farms. Ms. Ring advised that the Energy Task Force
can investigate and report back to the Board. He inquired if any fire training, for
solar projects either online or coming online, has been provided to the local fire
departments. Ms. Ring advised that fire training is a requirement with the Cavalier
solar project and they have been put in touch with local EMS staff to begin
development of training programs.
Responsive to Supervisor Grice, Ms. Ring advised that four applications for solar
farms have been submitted within the last couple of weeks; there is one application
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pending currently in front of the PC; and one that has been tabled by the Board, for
a total of six applications. She recalled that the County, at some point in time, could
have as much as twenty-five square miles of solar panels and she encouraged the
Board to set a cap as soon as possible.
Chairman McCarty moved that the proposed changes be tabled for thirty days to
allow time for questions tonight to be answered and to review some of the
literature given to the Board this evening. The motion was adopted unanimously
(5-0) with Supervisors McCarty, Acree, Grice, Jefferson and Rosie voting in favor of
the motion and no Supervisors voting against the motion.
The Board took a ten-minute break. Upon returning to open session, Chairman
McCarty called for a public hearing on the following:
C. Proposed Solid Waste Franchise Ordinance
Michael Etheridge, Solid Waste Manager, addressed the results of the recent RFP
that was solicited for the franchise agreement to provide residential solid waste
service for County residents. He advised that of the three proposals submitted, GFL
Environmental provided the best financial proposal.
Chairman McCarty called for persons to speak in favor of or in opposition to the
proposed Ordinance.
Christopher Cavallo of Virginia Beach spoke in support remarking there is not
sufficient regulation on environmental issues.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Vice -Chairman Acree 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 WASTE INDUSTRIES, LLC, dba GFL ENVIRONMENTAL with its
principal office at 3821 Cook Blvd., Chesapeake, Virginia 23323 (the
"Contractor") and shall take effect on July 1, 2023 (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 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
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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 July 23, 2023; and
WHEREAS, pursuant to the Virginia Public Procurement Act, County solicited a
Request for Proposal (RFP #23-4110-0000) to provide collection and disposal of
residential garbage, trash or refuse in the County; and
WHEREAS, Contractor submitted a proposal for same, consistent with the
specifications in the Request for Proposals; and
WHEREAS, County has selected Contractor to provide services.
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
INCORPORATION BY REFERENCE AND DEFINITIONS
The following are made a part hereof as if the same were fully set forth herein,
and if any discrepancies arise between the documents, they will prevail in the
following order: (1) this Contract, (2) Request for Proposals # 23-4110-0000
including any addenda, (3) Contractor's proposal dated February 17, 2023 and
(4) Contractor's Scope of Work and Fee Schedule/Quote, dated February 17,
2023 (all of which are hereinafter known as the "Contract Documents").
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.
Contractor - The individual, firm, partnership, joint venture, corporation, or
association to perform solid waste collection and disposal services under this
Service Agreement, specifically GFL Environmental.
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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 authority. The initial Disposal Site
shall be the Facilities.
Extended Term—July1, 2028 to June 30, 2033.
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 desiBlated as hazardous by federal or state law or
by regulation of the United States Environmental Protection Agency, the
Virginia Department of Environmental Quality or another appropriate agency.
Initial Term —July 1, 2023 to June 30, 2028.
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 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
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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 I 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 Tern may be extended for the Extended Term at the option of the
County.
SECTION THREE
SCOPE OF SERVICES
A. Services to be Provided by Contractor.
Commencing on the Effective Date, the Contractor shall collect and dispose of
in a skillful 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 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. The contractor shall collect Residential Waste once a week from each
Residential Unit, with the frequency of collection for additional services to be
determined by the Contractor.
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The 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 the 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. The
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.
The Contractor shall not litter or cause any spillage to occur upon the premises,
roadway or the right-of-way wherein collection shall occur. During hauling, all
Residential Waste shall be contained, tied or enclosed so that leaking, spilling
and blowing is prevented. In the event of any spillage or leakage, including but
not limited to, hydraulic and other fluids from the collection vehicle, by the
Contractor, for any reason or source, the Contractor shall clean up all spillage
and leakage at no cost to the County or the customer within two (2) business
days.
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. Contractors 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 the
Contractor. Should a complaint go unresolved for longer than one (1) business
day, the County shall have the right to demand an explanation or resolution of
the incident generating the complaints to the County's satisfaction.
E. Vehicles and Equipment. An adequate number of Vehicles, including
backup Vehicles, shall be provided by the 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,
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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, (4) collection route of
every such Vehicle and (5) scheduled days of collection of Residential Waste
identified by truck number and collection route.
1. 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
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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. The contractor shall provide
thirty (30) days advanced written notice to all customers and the County prior
to enacting any authorized surcharge.
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 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 August, 2023.
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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 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
TERM
The Franchise hereby granted and accepted shall be effective for a five-year term.
Contractor shall commence the services covered herein on July 1, 2023 and shall
diligently and continuously prosecute such services at all times thereafter during
the Initial Term. 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 January 1, 2028, and March 30, 2028. If necessary to
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avoid cessation of services at the expiration of this Service Agreement, the
Service Agreement may be extended for a period of up to six (6) months past the
expiration date upon the same terms contained herein, upon the mutual consent
of the parties hereto.
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.
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,
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(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 attorneys 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.
During the term of this Service Agreement, Contractor agrees to procure and
maintain insurance which meets all County's requirements in the Request for
Proposals.
SECTION TWELVE
f[�>�i%�1�1�:7
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 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
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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 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:
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
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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:
I. 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.
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's 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 representation, 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 under 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
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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.
G. Applicable Law, Forum, Venue and Jurisdiction
This Contract is governed in all respects by the laws of the Commonwealth of
Virginia; and the jurisdiction, forum and venue for any litigation concerning the
Service Agreement or the services proved thereunder in the Circuit Court for
Isle of Wight County, Virginia, and in no other court.
H. Arbitration
No claim arising under or related to this Service Agreement may be
subject to arbitration.
I. Attorney's Fees
In the event that the County prevails in any legal action or proceeding
brought by the County to enforce any provision of this Service Agreement,
the Contractor will pay the County's reasonable attorney's fees and
expenses.
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. 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,
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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. ne Contractor shall provide a Performance Bond or Letter fully
executed for the time period April I, 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
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.
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Exhibit A
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Exhibit B
RATES AND FEE SCHEDULE
NOTE: ADD RATE SCHEDULE
The motion was adopted unanimously (5-0) with Supervisors McCarty, Acree,
Grice, Jefferson and Rosie voting in favor of the motion and no Supervisors voting
against the motion.
D. An Ordinance to Set the Salary of the Isle of Wight County Board of
Supervisors
County Attorney Jones, responsive to Board action, advised that research
concerning Board compensation has revealed that the Board's last salary
adjustment was in 2008 at which time the salary was set at $11,402.26. He
continued that at that time, the Board had adopted an ordinance using Virginia
Code Section 15.2-14-14.3 which allowed it to build in an annual increase providing
it did not exceed 5% per year. He recommended using Virginia Code Section 15.2-
14-14.2 which allows the Board to set the salary in any given year that at least 40%
of the Board is up for reelection with the understanding that if an increase is
awarded, it does not go into effect until January of the following year. It has been
recommended that the salary be set at $12,800 beginning January 1, 2024 and that
the Chairman and Vice -Chairman continue to receive additional compensation
currently in place at $1,800 for the Chairman and $1,200 for the Vice -Chairman.
Volpe Boykin of District 5 spoke in favor of the proposed increase.
Chairman McCarty closed the public hearing.
Supervisor Grice moved that the following Ordinance be adopted:
AN ORDINANCE TO SET THE
SALARY OF THE ISLE OF WIGHT COUNTY
BOARD OF SUPERVISORS
WHEREAS, Code of Virginia §15.2-1414.2 states that the "annual compensation to
be allowed each member of the board of supervisors of a county shall be
determined by the board of supervisors of such county" and the board of
supervisors "may fix a higher salary for the chairman, or both;" and
WHEREAS, Code of Virginia §15.2-1414.2 further states "prior to July 1 of the year
in which members of the board of supervisors are to be elected or, if the board is
elected for staggered terms, of any year in which at least forty percent of the
members of the board are to be elected, the current board, by a recorded vote of
a majority present, shall set a maximum annual compensation which will become
effective as of January 1 of the next year," and
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WHEREAS, the year is 2023 and at least forty percent of the Board of Supervisors
(the "BOS") for Isle of Wight County, Virginia, are to be elected; and
WHEREAS, the BOS last set its salary in 2008, when it set the annual compensation
for members at $11,402.26 and set additional compensation for the Chair and Vice
Chair at $1,800 and $1,200, respectively; and
WHEREAS, the BOS is of the opinion that its members should be paid an annual
salary of $12,800 starting January 1, 2024 and
WHEREAS, the BOS is of the opinion that the Chair and the Vice Chair shall continue
to receive additional compensation; and
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Isle of Wight
County, Virginia, directs that each member of the Board of Supervisors shall be paid
an annual salary of $12,800 effective January 1, 2024.
BE IT FURTHER RESOLVED that the Board of Supervisors of Isle of Wight County,
Virginia, directs that its Chair and Vice Chair shall continue to receive additional
annual compensation in the amount of $1,800 for the Chair and $1,200 for the Vice
Chair.
The motion was adopted (3-2) with Supervisors McCarty, Grice and Rosie voting in
favor of the motion and Supervisors Acree and Jefferson voting against the motion.
E. T-Mobile Lease Agreement for Space on the Brewer's Neck Water Tower
County Attorney Jones stated that currently T-Mobile has a lease on the water
tower in Bartlett which is set to expire in May of 2027 with an option to have three
more five-year terms. He stated the rent being proposed is a slight decrease
primarily because T-Mobile took this over as an acquisition and is bringing it in line
with the current market at $2,800 per month.
Chairman McCarty called for persons to speak in favor of or in opposition to the
lease agreement.
Christopher Cavallo of Virginia Beach remarked that he is willing to speak with the
Board off-line on some of the concerning things related to T-Mobile in general and
some of the world issues being faced.
Chairman McCarty closed the public hearing and called for comments from the
Board.
Vice -Chairman Acree moved that the Chairman be authorized to execute the
renewal agreement. The motion was adopted unanimously (5-0) with Supervisors
McCarty, Acree, Grice, Jefferson and Rosie voting in favor of the motion and no
Supervisors voting against the motion.
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COUNTY ADMINISTRATOR'S REPORT
Chris Morello, Director of Economic Development, distributed that Department's
Annual Report for the Board's reference.
UNFINISHED/OLD BUSINESS
No business was offered for discussion.
NEW BUSINESS
A. Troy Marine NDSO Exception
Trenton Blowe, Planner, Community Development, provided background
information on the exception request.
Chairman McCarty noted his favorable consideration and commented that there
have been other projects in the Newport Development Service District that been
given consideration to that are visible from the road and this project is not.
Vice -Chairman Acree stated if approved, he would hope the buffering is sufficient
so as to not readily being seen from the roadway.
Supervisor Jefferson remarked that the applicant went through the exception
process and he does not see a problem with approving it.
Supervisor Rosie remarked that the landscaping is going to address any concerns
he might have had so he does not have an issue with approving it.
Supervisor Grice remarked that it is going to be a waste of money if the applicant
has to put something there that isn't going to be seen anyway.
Chairman McCarty moved that the exception be approved. The motion was
adopted unanimously (5-0) with Supervisors McCarty, Acree, Grice, Jefferson and
Rosie voting in favor of the motion and no Supervisors voting against the motion.
B. Riverside Hospital Building Height Exception Request
Amy Ring, Director of Community Development, presented the request for the
Board's consideration.
There was general discussion about the possibility that the facility may be
expanded in the future that having the sign go up would result in minimizing the
land use footprint and that the type of business being conducted in the facility
mandates the way in which it is built.
Supervisor Jefferson moved that the height exception request be approved. The
motion was adopted unanimously (5-0) with Supervisors McCarty, Acree, Grice,
Jefferson and Rosie voting in favor of the motion and no Supervisors voting against
the motion.
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C. Riverside Hospital Sign Size Exception Request
Ms. Ring presented the request.
There was general discussion that the facility is for public safety and that not long
ago another medical facility's sign was upgraded because it could not be seen at
night.
Russell Parrish, Senior Project Manager for construction at Riverside Hospital,
advised that there will be ground light up to the sign and that the plan is to leave
the remaining trees up.
Supervisor Jefferson moved that the sign size exception request be approved. The
motion was adopted unanimously (5-0) with Supervisors McCarty, Acree, Grice,
Jefferson and Rosie voting in favor of the motion and no Supervisors voting against
the motion.
D. Resolution to Express Appreciation to Congressman Bobby Scott for
Congressionally Directed Spending Allocations
Assistant County Administrator Robertson presented a resolution expressing
appreciation to Congressman Bobby Scott for his previous assistance and support
with funding that the County was able to receive during his representation of the
County.
Chairman McCarty moved that the following Resolution be adopted:
RESOLUTION TO EXPRESS APPRECIATION TO
CONGRESSMAN BOBBY SCOTT FOR CONGRESSIONALLY DIRECTED SPENDING
ALLOCATIONS
WHEREAS, Isle of Wight County currently lies within the 2nd Congressional District
of Virginia; and,
WHEREAS, the County was previously included in the 3rd Congressional District of
Virginia represented by Congressman Robert C. "Bobby" Scott; and,
WHEREAS, Congressman Scott was instrumental in providing opportunities for the
County to secure federal funding for important local projects; and,
WHEREAS, as a result of Congressman Scott's outreach and support, the County
was able to apply for and receive $318,000 in 2021 for broadband expansion and
$750,000 in 2022 for improvements to the marina facilities at Tyler's Beach.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors
of Isle of Wight County, Virginia expresses its appreciation to Congressman Robert
C. "Bobby" Scott for his support with Congressionally directed funding
opportunities that will positively impact the quality of life of the citizens of Isle of
Wight County.
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The motion was adopted unanimously (5-0) with Supervisors McCarty, Acree,
Grice, Jefferson and Rosie voting in favor of the motion and no Supervisors voting
against the motion.
Supervisor Acree relayed that there are two first responders in need of prayer in
the community and he asked that they be kept in prayer.
ADJOURNMENT
At 10:00 p.m., Chairman McCarty declared the regular meeting adjourned.
Carey WA St m, Clerk
William M .1%4rty, Sr., Chairman
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