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