08-16-2018 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 ON THURSDAY, THE SIXTEENTH DAY OF AUGUST IN THE
YEAR TWO THOUSAND AND EIGHTEEN
PRESENT:
Rudolph Jefferson, Chairman, Hardy District
William M. McCarty, Vice -Chairman, Newport District
Joel C. Acree, Windsor District
Richard L. Grice, Smithfield District
ABSENT:
Don G. Rosie, Il, Carrsville District
ALSO IN ATTENDANCE:
Mark C. Popovich, County Attorney
Randy R. Keaton, County Administrator
Donald T. Robertson, Assistant County Administrator
Carey M. Storm, Clerk
CALL TO ORDER
Chairman Jefferson called the regular Board of Supervisors' meeting to order at
5:00 p.m. and welcomed all present.
APPROVAL OF AGENDAMMENDMENTS
Supervisor McCarty moved that the agenda be approved as presented. The
motion was adopted unanimously (4-0) with Supervisor Rosie absent from the
meeting.
CLOSED MEETING
The following matters were identified for discussion in closed meeting by County
Attorney Popovich:
Pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion
regarding the appointment of specific appointees to County boards, committees
or authorities; pursuant to Section 2.2-3711(A)(1) regarding discussion concerning
the resignation of a specific public appointee; and, pursuant to 2.2-3711(A)(8)
regarding discussion with legal counsel regarding specific legal matters involving
Kemps Village.
Upon motion of Supervisor McCarty, the Board entered the closed meeting for
the reasons stated by County Attorney Popovich, which was adopted unanimously
(4-0) with Supervisor Rosie absent from the meeting.
Upon motion of Supervisor McCarty, the Board reconvened into open meeting,
which was adopted unanimously (4-0) with Supervisor Rosie absent from the
meeting.
County Attorney Popovich 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 Supervisor 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, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: Rosie
ABSENT DURING MEETING: 0
INVOCATION/PLEDGE OF ALLEGIANCE
Chaplain Judy Worrell delivered the invocation.
The Pledge of Allegiance to the American Flag was conducted.
CITIZENS' COMMENTS
Albert Burckard of Titus Point Lane acknowledged the Board for its contributing
efforts with the traffic lights being synchronized on Route 17 at the James River
Bridge to the intersection of Smith's Neck Road.
Donald Williams, a County resident, expressed his sentiment regarding the
conduction of meeting invocations.
Herb DeGroft of Mill Swamp Road reported on membership data dated June 1S,
2018 from the County's schools.
CONSENT AGENDA
Supervisor Grice moved that the following Consent Agenda be approved as
presented, which was adopted unanimously (4-0) with Supervisor Rosie absent
from the meeting:
A. Resolution to Recognize the 30th Year Anniversary of the Genieve Shelter
B. Resolution to Execute a Master Lease Purchase Agreement with HomeTrust
Bank in the Principal Amount not to Exceed $680,000 and Appropriate
$10,000 from the FY 2018 General Fund Unassigned Fund
C. Resolution to Appropriate Vintage Market Revenues in the Amount of
$24,219 and Increase the FY2018-19 Tourism Vintage Market Operating
Budget
D. Resolution to Accept and Appropriate Rescue Squad Assistance Fund (RASF)
Award ($116,513)
E. Resolution to Appropriate $120,000 from the FY2018 General Fund
Unassigned Fund Balance and Amend the FY 2018-19 General Fund Budget
for the Department of Emergency Services
F. Resolution to Accept and Appropriate $23,096 from the Commonwealth of
Virginia Department of Criminal Justice Services and Transfer $7,699 from
the Grants Fund's Local Match Account to the 2018 V-Stop Grant
G. Resolution to Amend the FY 2018-19 Adopted Operating Budget and
Increase the General Funds Budget for the DMV Stop Program ($48,000)
H. Resolution of the Board of Supervisors of Isle of Wight County, Virginia,
Requesting Acceptance of Alexandria Way (Route 1055) in Founders Pointe
Subdivision, Phase 2, Section 2D-5, into the Secondary System of State
Highways and,
Resolution of the Board of Supervisors of Isle of Wight County, Virginia,
Requesting Acceptance of Richmond Way (Route 1045) in Founders Pointe
Subdivision, Phase 3, Section 3A, into the Secondary System of State
Highways
Resolution of Support for Projects to be Submitted for SMARTSCALE
Evaluation and Funding through the Virginia Department of Transportation
J. Resolution to Appropriate Title IV-E funds ($54,800) and Family Partnership
Funds ($4,200) from the Virginia Department Social Services to the FY2018-
19 Social Services Fund
K. Resolution to Appropriate Funds in the Amount of $45,344 from the FY2018
Stormwater Fund Net Position and Increase the FY2018-19 Stormwater
Fund Budget by $45,344 for Stormwater Related Projects
L. Rescind the Motion of Appointment to Opportunity, Inc. (Lavell Hairston)
M. Rescind the Motion Reappointing Ms. Debra Thurston to the Social Services
Board
N. Minutes of June 14, 2018 Work Session; June 14, 2018 Regular Meeting;
July 5, 2018 Work Session; and, July 19, 2018 Regular Meeting
County Administrator Keaton highlighted Item (E), Resolution to Appropriate
$120,000 from the FY2018 General Fund Unassigned Fund Balance and Amend
the FY 2018-19 General Fund Budget for the Department of Emergency Services,
relative to additional funding for powerlift stretchers.
Supervisor Grice requested a quarterly report reflecting the total net impact items
included in the Consent Agenda have on the General Fund. The intent of report is
to reflect funds not included in the adopted budget.
REGIONAL AND INTER -GOVERNMENTAL REPORTS
No reports were offered by the Board.
APPOINTMENTS
Supervisor Acree moved that Roberta (Bobbie) Varner be appointed to fill the
unexpired term of William Saunders on the Planning Commission representing the
Windsor District. The motion was adopted unanimously (4-0) with Supervisor
Rosie absent from the meeting.
Supervisor Acree moved that George Rawls be appointed to fill the unexpired
term of James O'Briant on the Planning Commission representing the Windsor
District. The motion was adopted unanimously (4-0) with Supervisor Rosie absent
from the meeting.
Supervisor McCarty moved that Brenda Mathews be appointed to serve on the
Social Services Board representing the Newport District. The motion was adopted
unanimously (4-0) with Supervisor Rosie absent from the meeting.
21
Supervisor McCarty moved that Lori Carlson be appointed to serve on the Board
of Assessors representing the Newport District. The motion was adopted
unanimously (4-0) with Supervisor Rosie absent from the meeting.
Supervisor Acree moved that James Pope be reappointed to serve on the Virginia
Alcohol Safety Action Program. The motion was adopted unanimously (4-0) with
Supervisor Rosie absent from the meeting.
SPECIAL PRESENTATIONS
Tommy Catlett, VDOT Resident Engineer, provided an update on County
roadways, to include paving, mowing and ditch maintenance efforts.
Responsive to Supervisor Acree, Mr. Catlett offered to investigate ways for
improved drainage at the site of tree removal along Benns Church Boulevard.
Responsive to Supervisor Acree, Mr. Catlett offered to investigate ways in which
drainage along Norsworthy Drive can be improved.
Responsive to Chairman Jefferson, Mr. Catlett advised that major secondary and
primary roads are in the process of being mowed and he offered to have the grass
cut along Burwell's Bay Road so that school children will not have to stand in the
tall grass.
Supervisor Grice requested that the lane closures on Turner Drive due to the lane
extension be coordinated in a way so that there is minimum impact to students
and motorists.
Sheriff Darryl Warren, Gloucester County, presented a Certificate of Accreditation
to the Isle of Wight County Sheriff's Office.
Danny Byrum, Isle of Wight County Fair Chairman, provided an update on
activities planned for this year's County Fair, to include upgrades for 2018.
COUNTY ATTORNEY'S REPORT
Responsive to an announcement by County Attorney Popovich that he intends to
terminate his position as County Attorney effective August 31, 2018, Supervisor
McCarty moved that the Board enter into and execute the agreement with County
Attorney Popovich as an advisory consultant to assist in the transition period as
discussed in closed meeting. The motion was adopted unanimously (4-0) with
Supervisor Rosie absent from the meeting.
PUBLIC HEARINGS
Chairman Jefferson opened the public hearing on the following application and
called for those in favor or in opposition to speak:
A. Application of Jamie Weist, Kimsey -Horn, Applicant, and B. Wilson Jones
and A. Dwight Doggett, Jr. and Michael S. Doggett, Owners, for a
E
Conditional Use Permit on 160 Acres of a Total 193 Acres to Withdraw the
Properties in Question from the Courthouse Agricultural and Forrestal
District for the Purpose of Allowing for a Utility Service, Major (Solar Farm).
Malinda Springer, Planner, provided background information on the application
and advised that the Planning Commission voted to recommend approval of the
application with staff's recommended conditions by a vote of 6-1 at their July 24,
2018, regular meeting.
Ms. Springer advised that based on the strengths listed in the Planning
Commission staff report, staff also recommends approval of the Conditional Use
Permit with the associated list of conditions.
Marni Carroll, One Energy Renewables, provided background information on the
project relative to studies conducted with Dominion; the process associated with
prescreening of the site; the State permit process; the anticipated construction
period; criteria and standards related to potential environmental impacts.
Concerns relative to the end of life for the project; screening and fencing;
property value; and, safety were further addressed.
Sabrina Wilcox of Red House Road expressed concern with the appearance of the
fencing and requested a land berm and vegetative plants to conceal the fencing.
Thomas Uzzell of Red House Road requested a berm and vegetative plants to
conceal the fencing.
Chairman Jefferson closed the public hearing and called for comments from the
Board.
Supervisor Grice voiced a concern with the 25-year life estimate and inquired who
is responsible for the ongoing maintenance of the screening and fencing and to
what standard.
Ms. Carroll replied that equipment will be checked quarterly and an operation
plan will be on file. She advised that vegetation maintenance requires less
ongoing maintenance and there will be phone numbers posted for concerns.
Jamie Weist, Kimley Horn, on the subject of visual aesthetics, advised that berms
are not the best way to construct projects and we don't want to obstruct any type
of stormwater flow from entering the ditches by constructing berms. He stated
that these projects go in with very minimal disruption to the existing grade and
the best way to screen them is by using natural vegetative buffers. He offered to
work with staff and County residents to develop landscape buffer plans for review
by the Board when the site plan is submitted for approval and the applicant will
be required to have maintenance contracts on the grounds and fencing for safety
and security reasons, to include a bond in place with the County to ensure
maintenance.
Responsive to Supervisor McCarty, Ms. Carroll replied land rights are for 25 years
and if a panel needed replaced, it would be removed.
��
Mr. Weist stated County code requirements for stormwater management will be
in the site plan which will be reviewed and approved by staff.
Supervisor Acree moved that the application be approved. The motion was
adopted unanimously (4-0) with Supervisor Rosie absent from the meeting.
//
The Board took a recess and returned to open session.
Chairman Jefferson opened the public hearing.
B. Application of K & A Builders, LLC, Applicant, and R. T. Arnold and Margaret
D. Harper, Trustee, Owners, for a Comprehensive Plan Amendment to
Change the Future Recommended Land Use on 13.75 Acres of Land Located
at 15567
Richard Rudnicki, Assistant Director of Planning & Zoning, provided background
information on the application and advised that the Planning Commission had
recommended denial of the application by a vote of (5-1) and staff recommends
approval based on the strengths noted in the agenda.
William Riddick, Attorney for the applicants, noted that Ms. Walkup will be
addressing the Board tonight regarding the proposed change.
Beverly H. Walkup provided background history of the project which brings to the
County certain elements from other projects which have been successful. She
stated the master plan proposes to contain 44 lots and the applicant is seeking to
install bio-retention with heavy landscaping along Route 17. She stated since the
Planning Commission meeting, most concerns were related to drainage, unpaved
roads, availability to sewer, traffic and density have been addressed with the
Laurels and, as a result, the applicant is offering to pave the remaining unpaved
roads in the neighborhood to improve circulation for school bus routing, EMS and
postal services. She stated that the applicant is further willing to finish the road
improvements that the previous developer failed to complete and is also willing
to construct a sewer system that is at a depth that will allow the County to extend
sewer to the existing residences should the County experience a need in the
future. She stated the applicant believes that residential will generate
substantially less traffic than the commercial and the site is in keeping with the
goals and objectives of the Comprehensive Plan. She stated the requested
density will allow the developer to have the ability to make improvements to the
existing roadway and this property will yield less lots in the DSD than the existing
property. She stated relative to the school impact, this project is proposed to
generate four additional students and the applicant is offering $4,504 to mitigate
the impact. She stated improvements on Route 17 include upgrading the left turn
lanes southbound and northbound to the existing turn lane. She stated at
Laurelwood Drive, the applicant proposes to construct a full and exclusive right-
turn lane. She expanded on staff's strength contained in the application that the
property is located adjacent to major transportation routes and existing sewer
and water facilities. She added that the Comprehensive Plan encourages the
preservation of open space for recreation and this development incorporates the
use of clustering to preserve open space which reduces the overall impact of new
development on the natural habitat. She concluded that the proposal further
incorporates two acres of open space that will preserve environmentally sensitive
land and will utilize three acres of eco-friendly bio-retention area with heavy
landscaping along the frontage.
Albert Burckard of Titus Point Lane requested that the current suburban estates
land use be continued.
Greg Johnson of Laurelwood Drive requested that the current suburban estates
land use be continued.
Sharon Hart of the Newport District spoke against a change in the Comprehensive
Land Use Plan.
Herb DeGroft of the Hardy District asked the Board to deny the requested as
recommended by the Planning Commission.
Carrie Sustare of the Newport District, spoke against approval of the request.
Lynn Faulkner of Days Point Road requested that no further residential
expansions be approved until the completion of the Comprehensive Plan.
Richard Gillerlain of the Newport District spoke against approval of the request.
David Letchworth of the Newport District spoke against approval of the request
for increased density.
Raymond Foster of the Newport District spoke against high density development
in the County.
In rebuttal, Attorney Riddick stated that the law requires that the Comprehensive
Plan be reviewed every five years and that it does not mean that individuals
cannot make applications during that process. He stated Mr. Rudnicki has
outlined the process for amending the Comprehensive Plan and this project meets
all the criteria outlined. He stated this is the right type of development at this
location. He stated the Planning Commission, when discussing this application,
never considered the merits associated with this application. He stated that staff
has done a fair evaluation and objectively applied the criteria set forth in the
Comprehensive Plan and concluded that this meets the criteria that would
support a change in the Comprehensive Plan. He stated that the fiscal impact
analysis reflects over a ten-year period, $1.7 million as a net plus and he
encouraged the Board to vote in favor of the application.
Chairman Jefferson closed the public hearing.
8
Supervisor McCarty moved that the application be denied. The motion was
adopted unanimously (4-0) with Supervisor Rosie absent from the meeting.
Given the action taken by the Board on the previous application, Attorney Riddick
requested that the following application be withdrawn:
C. Application of K & A Builders, LLC, Applicant, and R. T. Arnold and Margaret
D. Harper, Trustee, Owners, for the Conditional Rezoning of 13.75 Acres of
Land Located at 15567 Carrollton Boulevard, from Conditional General
Commercial to Conditional Planned Development Residential to Allow for
44 Single Family Residential Units.
The Board took a recess and reconvened.
11
Chairman Jefferson opened the public hearing on the following and called for
persons to speak in favor of or in opposition to the proposed hunting lease:
D. Blackwater Hunting Leases/Isle of Wight Hunt Club
Todd West, on behalf of the Isle of Wight Hunt Club, requested approval of
extending the contract to the Isle of Wight Hunt Club.
Supervisor Acree moved to authorize execution of the lease to the Isle of Wight
Hunt Club with the terms presented by the Isle of Wight Hunt Club. The motion
was adopted unanimously (4-0) with Supervisor Rosie absent from the meeting.
Chairman Jefferson opened the public hearing on the following and called for
persons to speak in favor of or in opposition to the proposed hunting lease:
D. Blackwater Hunting Leases/Mill Swamp Hunt Club
William J. Holloman, on behalf of Mill Swamp Hunt Club, requested the Board to
extend the contract at the current rate paid the last couple of years.
The public hearing was closed.
Supervisor Grice moved to authorize execution of the lease to the Mill Swamp
Hunt Club with the terms presented by the Mill Swamp Hunt Club. The motion
was adopted unanimously (4-0) with Supervisor Rosie absent from the meeting.
Chairman Jefferson opened the public hearing on the following and called for
persons to speak in favor of or in opposition:
E. Chapter 15, Taxation Ordinance
9
County Attorney Popovich reviewed the revisions which had inadvertently been
omitted from the proposed Ordinance.
Chairman Jefferson closed the public hearing.
Supervisor McCarty moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY
AMENDING AND REENACTING CHAPTER 15. TAXATION. ARTICLE II. REAL ESTATE
TAXES.
WHEREAS, the Board of Supervisors adopted a resolution on February 17, 1983, in
accordance with Section 58-811.1 of the Code of Virginia (1950, as amended),
authorizing the Isle of Wight Commissioner of the Revenue to assess new
construction upon completion of the building, rather than assessing a percentage
of the value on the assessment day; and
WHEREAS, during the recodification of the Virginia Code, the Virginia General
Assembly renumbered this applicable Virginia Code Section to Section 58.1-3292
and, in the process, removed the requirement of adopting a resolution to
effectuate such a practice, replacing it instead with the requirement of the
adoption of an ordinance; and
WHEREAS, the Board of Supervisors seeking to ensure compliance with the
requirement of adopting such an ordinance in conformity with Section 58.1-3292
of the Code of Virginia (1950, as amended) did so adopt such an ordinance on
May 18, 2017; and
WHEREAS, in the recently adopted total revision of Chapter 15, Taxation, to the
Isle of Wight County Ordinances this adopted provision did not seem to have
properly transferred into the new version of the Ordinance which must now be
corrected to accurately reflect the Board of Supervisors' prior action;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of
Supervisors that Chapter 15, Taxation, Article II, Real Estate Taxes be amended
and reenacted by including a new Section 15-39, Assessment of new buildings
substantially completed, etc. as follows: Sec. 15-39. — Assessment of new
buildings substantially completed, etc. All new buildings substantially completed
or fit for use and occupancy prior to November 1 of the year of completion shall
be assessed when so completed or fit for use and occupancy, and the
Commissioner of the Revenue shall enter into the books the fair market value of
such building. No partial assessment shall become effective until information as
to the date and amount of such assessment is recorded in the Office of the
Treasurer and made available for public inspection. The total tax on any such new
building for that year shall be the sum of (i) the tax upon assessment of the
completed building, computed according to the ratio which the portion of the
year such building is substantially completed or fit for use and occupancy bears to
the entire year, and (ii) the tax upon the assessment of such new building as it
existed on January 1 of that assessment year, computed according to the ratio
which the portion of the year such building was not substantially complete or fit
10
for use and occupancy bears to the entire year. For any assessment made under
this section after September 1 of any year, the penalty for nonpayment by
December 5 shall be extended to February 5 of the succeeding year.
The motion was adopted unanimously (4-0) with Supervisor Rosie absent from
the meeting.
COUNTY ADMINISTRATOR'S REPORT
County Administrator Keaton provided an overview of the Chesapeake Bay
Preservation Ordinance Minor Exception Annual Activity Report.
County Administrator Keaton provided an overview of the VACo Achievement
Award received by the County for its program using GIS to improve erosion and
sedimentation control inspection efficiency.
of an upcoming Board Retreat and topics for discussion, Supervisor Grice
suggested a morning session retreat followed by an evening intergovernmental
meeting with the Towns of Smithfield and Windsor.
Supervisor McCarty recommended discussion on strategies involved with
consolidation of services between the County and the School Division in the areas
of Information Technology, procurement and maintenance.
County Administrator Keaton was directed to develop a report outlining areas of
current consolidation with the Towns of Smithfield and Windsor and the School
Division to include other areas for potential consolidation.
Staff was directed to develop a list of items for discussion at the retreat which
includes a review of the County's financial policies and future financial impacts on
upcoming projects which may impact the County's credit rating.
County Administrator Keaton provided an overview of matters contained in the
agenda for the Board's information with emphasis placed on the Treasurer's
Report of Accountability.
Regarding Special Welfare Funds, Pam Barton, Director of Social Services, advised
that that the Social Services Department is required to set up a special welfare
fund for individuals in foster care to receive social security checks. She advised
that a special welfare account is also required for money that is donated via
private donations to the Department of Social Services.
UNFINISHED OLD BUSINESS
Regarding proposed options related to the giving of the legislative invocation and
compliance with applicable law as articulated in Lund v. Rowan County,
Supervisor McCarty moved that this matter be tabled for discussion at a future
work session. The motion was adopted unanimously (4-0) with Supervisor Rosie
absent from the meeting.
11
NEW BUSINESS
A Resolution to Rescind a Previous Motion Relative to the Titling of Emergency
Services Vehicles was presented for consideration by the Board.
Supervisor McCarty moved that the following Resolution relative to the titling of
emergency services vehicles be adopted which was adopted unanimously (4-0)
with Supervisor Rosie absent from the meeting:
RESOLUTION TO RESCIND A PREVIOUS MOTION RELATIVE TO THE TITLING OF
EMERGENCY SERVICES VEHICLES
WHEREAS, the Board of Supervisors of Isle of Wight County adopted a motion at
its regular meeting on September 19, 2013 to provide that any future emergency
services vehicles purchased by the County shall remain titled in the name of Isle of
Wight County; and,
WHEREAS, the Board wishes to grant future emergency services vehicles to
volunteer fire and rescue agencies serving Isle of Wight County via an Emergency
Vehicle Grant Agreement.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors
of Isle of Wight County rescinds its previous motion adopted on September 19,
2013 that any future emergency services vehicles purchased by the County shall
remain titled in the name of Isle of Wight County.
Supervisor McCarty moved to authorize execution of the following vehicle grant
agreement for all vehicles needed therein:
VEHICLE GRANT AGREEMENT
THIS VEHICLE GRANT AGREEMENT (hereinafter the "Agreement"), is made and
entered into this day of , 2018, by and between ISLE OF
WIGHT COUNTY BOARD OF SUPERVISORS, a political subdivision of the
Commonwealth of Virginia, herein referred to as "Grantor," whose address is
17090 Monument Circle, Isle of Wight, Virginia 23397, and
, a volunteer [fire/rescue] organization
located in Isle of Wight County, Virginia, herein referred to as "Grantee", whose
address is
WHEREAS, Grantee is a volunteer [firefighting/emergency medical services]
organization organized pursuant to Section 27-8 of the Code of Virginia (1950, as
amended); and
WHEREAS, Section 27-15.2 of the Code of Virginia (1950, as amended) provides
that the governing body of every city, town or county shall have the power to
provide for the purchase, operation, manning and maintenance of suitable
equipment for [fighting fires/performing emergency medical services] and to
prescribe the terms and conditions upon which the same will be used for [fighting
fires/performing emergency medical services]; and
12
WHEREAS, Section 27-23.6 of the Code of Virginia (1950, as amended) provides
that any county, city or town may contract with or provide for any volunteer
[firefighting/emergency medical services] companies or associations in the
county, city or town for the [fighting of fires/provision of emergency medical
services] and if such provisions are made by the county, city or town the
[firefighting/emergency medical services] company shall be deemed to be an
instrumentality of the county, city or town and as such exempt from suit for
damages done incident to [fighting fires/providing emergency medical services]
therein and said statute further provides that any county, city or town may
provide [firefighting/emergency medical services] to its citizens by using both
government employed and volunteer company or association
[firefighters/emergency medical services personnel] and if such system is utilized
the volunteer companies and/or associations shall be deemed an instrumentality
of the county, city or town and as such exempt from suit for damages done
incident to providing such service for the county, city or town.
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
contained herein, and pursuant to the Code of Virginia, Title 27, Chapter 2, Article
1, the parties hereto enter into the following agreement:
1. EQUIPMENT DESCRIPTION.
The property subject of this Agreement is that motor vehicle identified as follows:
[description/make/model/VIN]
The above property includes all component parts, attachments, spare parts,
interchangeable parts, service tools, and manuals, which shall hereinafter be
referred to collectively as the "Equipment."
The Equipment is granted to Grantee "as is," the Grantee having had opportunity
to inspect the Equipment and to determine that it suited Grantee's intended use
and purpose.
2. TERM.
Grantor agrees to grant to Grantee the Equipment for the purpose of allowing the
Grantee to provide [fire/rescue/EMS] services to the area designated by Isle of
Wight County, Virginia in accordance with the laws, regulations, and rules
governing such service providers in the Commonwealth of Virginia, and as further
set forth in the applicable response plan(s) as adopted by the Isle of Wight County
Board of Supervisors, as they may be amended from time to time, and as the
needs for such services require, as shall be deemed necessary by agreement of
the parties.
3. EQUIPMENTTO BE TITLED TO GRANTEE SUBJECTTO LIEN.
As the Equipment has been purchased by the Grantor using public funds, title in
the Equipment will pass to Grantee subject to a placement of a lien on the
13
Equipment by the Grantor. Grantee may affix to or place on the Equipment such
signage or markings as may be otherwise required to comply with applicable laws
and regulations. Upon the expiration of the useful life of the Equipment as
agreed to by the parties, Grantee will immediately return, at Grantee's expense,
the Equipment to Grantor in as good a condition as received less normal wear,
tear and depreciation and the Grantor shall release the lien. During the term of
this Agreement, Grantee shall be responsible for ensuring for the proper
maintenance of the Equipment in coordination with the Grantor and all applicable
policies, procedures, laws and regulations related thereto.
4. SALE BY GRANTEE.
Grantee shall not have a right to sell the Equipment without the Grantor's prior
written consent which consent shall be at Grantor's sole and absolute discretion.
Once a County -purchased apparatus has been approved to be sold at the end of
its useful life, the proceeds from the sale will be designated for the benefit of the
individual volunteer department. If the volunteer department originally
contributed to the purchase of the apparatus being sold, the volunteer
department will receive the percentage of the proceeds based on their
percentage of the purchase, to use at their discretion. The remainder of the
proceeds will be used for the purchase of the replacement apparatus. Example -
Apparatus cost at time of purchase is $200,000. The volunteer department added
$20,000 (10% of the total price). The apparatus is sold at the end of its useful life
for $5,000. The volunteer department will receive their share of the proceeds
10% or 500 to use at their discretion. The reminder 4 500 will be used to
offset the cost of the replacement apparatus.
5. INSURANCE.
Grantee, in cooperation with Grantor, shall maintain any and all necessary,
appropriate and lawfully required insurance coverages on the Equipment.
9. NOTICE.
Any notice required to be given by this Agreement shall be made in writing by
certified mail with return receipt requested, to the following addresses, or to such
other addresses as the parties may substitute by notice in writing to the other
party:
Grantor: P.O. Box 80, Isle of Wight, Virginia 23397, Attn : County Administrator
Grantee:
10. GOVERNING LAWS.
Regardless of the location of any of the Equipment, this Agreement shall be
governed by the laws of the Commonwealth of Virginia.
14
11. ENTIRE UNDERSTANDING.
This written agreement contains the entire understanding of the parties, there
being no promises or undertakings, written or oral, other than those expressly set
forth herein and this agreement shall be deemed to supersede any and all other
agreements between the parties related to the subject matter hereof.
Both parties participated in the drafting of this Agreement, and there shall be no
presumption against or for either party in the event of a dispute over the
construction of this Agreement.
The motion was adopted unanimously (4-0) with Supervisor Rosie absent from
the meeting.
ADJOURNMENT
At 10:30 p.m., Chairman Jefferson declared the meeting adjourned.
0 -l am
Rudolph Jefferson, Chairman
Carey Ulls Stor , Clerk
15