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Appeals board agrees Atwood has valid complaints, rules partially in her favor

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The family room fireplace refractory lining is significantly damaged and cracked, according to an independent home inspection report.

FRONT ROYAL – The Warren County Board of Building Code Appeals ruled Thursday partially in favor of Bentonville homeowner Kristie Atwood, who maintained that officials failed to identify all of the construction issues at home.

Atwood, whose home burned down in a 2015 fire, signed a contract with Buracker Construction LLC to clear the site of debris and rebuild the family’s home. An occupancy certificate was issued in July 2016, despite what Atwood said were a number of issues with construction, including the fact that no water test had been conducted, an outdoor furnace had not been installed, nor had a water softener system been installed. Since issuing that certificate, Building Official David Beahm has acknowledged that there were five building code violations that the county previously failed to cite.

Atwood’s attorney, David Silek, said an independent building inspector found at least 60 other items that also should have been found in violation of the building code. He told the board, regarding Beahm, “He missed… by coming back (to reinspect) he acknowledged he missed some.” Silek then told the board that Atwood was requesting that the county provide an outside, impartial inspector to reinspect her home.

In addition to the five violations found after the occupancy certificate was issued, the appeals board identified seven additional violations and voted in Atwood’s favor, 4-1. George Cline was the dissenting vote; Dave Buracker recused himself from the proceedings because he and his wife, Martha Buracker, are the builders against whom Ms. Atwood has lodged the complaint.

Beahm said after the meeting that he believes the board’s decision was illegal because specific code sections were not cited in identifying the seven additional violations.

During a May 22 hearing, Silek outlined several other issues regarding the contractor, Martha Buracker:

A building permit application designating Buracker Construction LLC, which is an unlicensed entity, as the contractor. The state contractor’s license on that application, however, belonged to Buracker Construction. The building permit was issued to Buracker Construction. The contract for the job was between Kristie Atwood and Buracker Construction LLC.

Because Buracker Construction LLC was not licensed, the Department of Professional and Occupational Regulation (DPOR) has indicated that Atwood is ineligible for the recovery funding, which “provides relief to eligible consumers who have incurred losses through the improper and dishonest conduct of a licensed contractor or real estate professional,” according to the DPOR website.

Silek said that those funds, were Atwood be able to collect them, would be used to correct the violations found by the appeals board.

Appeals board members commented several times throughout the hearing that it is not within their purview to rule on any issues relating to the permit or the unlicensed contractor. Member Wendell Hatcher said, before making a motion to accept Atwood’s appeal request, “She is asking us to recognize Warren County’s errors in inspection; she has a valid complaint.”

Atwood said after the meeting she would consult with Silek before making a decision regarding her next step in resolving the issues with her home.

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Local Government

Warren County Planning Commission Meeting of November 13, 2019

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At the Warren County Planning Commission meeting on November 13, 2018, the first item on the agenda was some unfinished business regarding the Backroom Brewery’s request for a special use permit to hold special events. Last month, several neighbors complained of noise and lights. The Commission approved and forward to the Board of Supervisors for final approval.

The first public hearing on the agenda from Cook’s Riverside, LLC which was placed on hold at the request of the applicant.

Next public hearing was from the Front Royal/Warren County Economic Development Authority to amend the Warren County Zoning Map and rezone approximately 2.03 acres from Residential One (R-1) to Commercial (C) and to rezone approximately 0.85 acres of the adjacent unnamed right-of-way areas to Commercial (C). The property is located off of Reliance Road, near the intersection with Winchester Road, identified as tax map 12A, section 1, block 13, as lots 1-14, and located in the North River Magisterial District.

Michael McKay spoke to the Commission about his concern for the preservation of the ruins of the McKay site.

The next public was an ordinance to amend Warren County Code Section 180-28 to include landscaping and horticulture services to be permitted by-right within the Industrial (I) zoning district; to amend Section 180-8 to add a definition of landscaping and horticulture services; and to add Section 180-49 to include supplemental regulations for landscaping and horticulture services.

The Commission authorized the following to be advertised:

A. 2019-11-01 – Stephen Aaron – A request for a conditional use permit for a short term tourist rental. The property is located at 1174 River Ridge Drive in the River Ridge on the Shenandoah Subdivision and identified on tax map 11E, as lot 5. The property is zoned Agricultural (A) and located in the North River Magisterial District.

B. 2019-11-02 – Asa and Andrea Foss – A request for a conditional use permit for a short-term tourist rental. The property is located at 653 Whitney Lane in Timberland Manor Estates Subdivision and identified on tax map 36D, section 1, as lot 2. The property is zoned Agricultural (A) and located in the South River Magisterial District.

C. Z2019-11-01 –Warren County Planning Commission – An ordinance to amend Warren County Code Sections 108-8, 180-10 and 180-40.1 regarding the use, parking, and storage of major recreational vehicles and equipment.

Requested items were approved to advertise.

Watch the Planning Commission meeting on this exclusive Royal Examiner video:

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Town sends out ‘Request for Proposal’ for search consultant to recruit new Town Manager

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Town Hall Front Royal, Virginia

Here is the Request for Proposal that the Town Council has released for a search consultant to recruit a new Town Manager.

PART ONE – PURPOSE
The Town of Front Royal invites the submission of sealed proposals from executive search consultants with national experience in recruiting candidates for the position of Town Manager.

The Town is looking for a search firm that is capable of showcasing the community’s unique amenities, quality of life, and professional organization to attract a seasoned manager with demonstrated experience and success in leadership and management. The desired Town Manager should be someone that works, leads, and manages in a collaborative manner and can work with
Council, staff, and stakeholders to establish a vision, identify strategic goals and execute actions in an efficient fashion. The Town needs a leader with the highest ethical standards and integrity.

This Request for Proposal (RFP) is being issued by the Town of Front Royal with the intent to enter into a Contract for Services. The awarded contract will be for a period of one (1) year,
beginning on the date of final signature. The successful proposing firm will have experience in providing such services to government entities and other organizations of similar size and
complexity in the region and have the staff capacity and expertise to do so for the Town of Front Royal.

Cooperative Contracting
This solicitation is being conducted in accordance with the provisions of Virginia Code § 2.2-4304. This clause is intended to allow the successful Contractor to offer the goods and services requested in this solicitation to other public bodies. Offering to sell goods and services to other jurisdictions is voluntary on the Contractor’s part. A public body’s participation in the contract
is also voluntary. Failure to offer the terms and conditions of the contract to other jurisdictions neither disqualifies a bidder nor adversely affect the award of the contract. The successful Contractor must deal directly with a participating public body concerning placement of orders, issuance of Purchase Orders, contractual disputes, invoices and payments. In no event shall the
Town of Front Royal, its officials or staff be responsible for any costs, damages or injury as a result of any Town contract extended to a public body by the successful Contractor. The Town
of Front Royal acts only as the “Contracting Agent” for this contract. The Town assumes no responsibility for any notification of the availability of the contract for use by other public bodies. Other public bodies desiring to use the contract shall make their own legal determination as to whether the use of the contract is consistent with their laws, regulations, and other policies.

Any participating public body has the option of executing a separate contract with the successful Contractor. Contracts entered into with a participating public body may contain general terms
and conditions unique to that public body. If, when preparing such a contract, the general terms and conditions of the participating public body are unacceptable to the successful contractor, the
Contractor may withdraw its extension of the contract to that participating public body.

An RFP is used for procurement of services in situations where price is not the sole determining factor and the award will be based on a combination of cost and technical factors (Best Value).
Through its proposal, the Offeror offers a solution to the objectives, problems, and needs specified in this RFP, and defines how it intends to meet (or exceed) the RFP requirements.

The Town of Front Royal may cancel this Request for Proposals or reject proposals at any time prior to an award and is not required to furnish a statement of the reasons why a particular proposal
was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D).

INFORMATION
The legislative and policy making body of the Town is the Mayor and the six-member Town Council whose members are elected. The Town Council appoints the Town Manager, who serves as Chief Administrative Officer. It is the Town Manager’s responsibility to hire department heads. The Town currently employs approximately 172 full-time equivalent employees.

The Town has contracted with an Interim Town Manager while the search for a permanent Town Manager is underway.

The Town of Front Royal has an estimated population of 14,666, and Warren County has an additional 23,404 residents surrounding Front Royal.

Location
Front Royal is centrally located near the intersection of Interstates 66 and 81, and 70 miles west of Washington DC. The Town is also located at the confluence of the North and South Forks of
the Shenandoah River. Front Royal is also just south of the Virginia Inland Port, a truck container to rail port network serving the deep-water ports of Virginia in Norfolk.

Education
Two top-rated universities are located in Warren County: Christendom College and George Mason University’s Smithsonian-Mason School of Conservation located at the Smithsonian Conservation Biology Institute.

The Warren County Public School system offers students accredited courses of study in addition to offering students programs at the Blue Ridge Technical Center, the Project Lead the Way
Study Programs in engineering and biomedical sciences, and study at the Mountain Vista Governor’s School. In addition, Front Royal is home to Randolph Macon Academy, an Air Force
affiliated co-ed day and boarding school for students in grades 6 through 12.

STATEMENT OF NEEDS
The Town needs to develop a plan for soliciting potential candidates and presenting finalists to the Town Council by:

Interviewing the Mayor, Town Council, and Department Heads to determine an overall understanding of the Town and how it functionally operates.

Questioning all Town Council Members and the Mayor to develop the general criteria and skillsets for the position of Town Manager.

Questioning all Town Council Members and the Mayor to determine a general vision they have for the future of the Town in order to ensure the finalists have the same general vision.

Designing a robust public participation process for Council approval so that residents and employees can provide their comments and thoughts about attributes they want in the Town
Manager.

Meeting with the Town Council as necessary to facilitate the development of an appropriate candidate profile and list of priorities for the new Town Manager.

Developing a position profile, and all recruiting material in conjunction with the Town Council, Interim Town Manager, and other key individuals and sources selected by the Council, that
addresses the specific leadership qualities, duties, responsibilities, operational issues, education and training, personal characteristics and traits, and other factors that are relevant to the position.

Conducting all recruiting efforts for the position including targeted mailings, selected advertising, networking, direct inquiries, and use of consultant’s knowledge of potential candidates.

Answering questions from candidates and collecting application materials.

Reviewing all application materials received, comparing them to the candidate profile and performing screening interviews as needed.

Working with the Town Council to select 4-6 finalists; prepare a summary report on all finalists; determine and prepare appropriate interview/selection process for Council, staff and the
community to conduct in-depth interviews of each finalist; and participate and manage all interviews and community sessions with the assistance of the Interim Town Manager.

Conducting detailed background investigations (including, but not limited to, social media) and verify references and credentials of finalists. Prepare a detailed report on each finalist.

Assisting the Town Council and all stakeholders in the interview and selection process.

Assisting in the negotiation of an employment agreement with the final candidate, as directed by the Town Council and coordinated with the Interim Town Manager and Town Attorney.

The consultant may continue to provide the services above until a Town Manager is appointed, or until the contract is cancelled by the Town. In addition, should the newly appointed Town
Manager be terminated for cause or resign within twenty-four (24) months, the consultant may conduct a replacement search at no charge.

Schedule:
The Town intends to award a contract before July 1, 2020. The Town is interested in an expedited yet thorough recruitment process, and in completing the search and selection process for the new Town Manager as soon as practical.

PART TWO – PROPOSAL PREPARATION & SUBMISSION INSTRUCTIONS
Proposers are asked to respond and to tab their proposals according to the following items in the sequence presented:

Qualifications. Describe the background, public sector experience, and executive search capabilities of your firm. Please give specific information regarding your qualifications to conduct Town Manager searches for entities similar to the Town of Front Royal. Describe in what ways have members of your firm developed personal contacts with potential candidates for this position.

Scope of Services. Provide a scope of services and a proposed outline of tasks, products, and recruitment schedule. Major proposed deviations from the desired scope of services outlined in
this request for proposal should be clearly noted.

Consulting Staff. Provide the name of the individual responsible for the recruitment including subcontractors, the percentage of the time said individual will allocate to the recruitment, and the
specific experience of the individual relative to the recruitment. Describe how many successful searches the consulting staff has conducted within the last two years. Identify how many other
executive searches the responsible person currently is involved in.

References. Provide a list of a minimum of five (5) clients who can verify your firm’s ability to provide the scope of services requested, include a brief description of the work along with contract award and completion dates for each recruitment. For each reference, include the name(s), telephone number(s) and email address(es) of the client’s project manager.

Cost. Provide a cost proposal that includes a lump sum fee and estimate of detailed expenses.

Approach. Provide a general description, based on experience, as to how the firm would approach the process, including methodology and estimated timelines, and how they would involve stakeholders and work together with the Town towards final appointment of the successful candidate. Identify how the firm will ensure that the Town receives prompt and timely attention throughout this process.

Sample Materials. Please provide 3-5 recent samples of recruiting specifications, community/agency profiles, recruitment brochures, invitee letters, announcements, and so forth from your firm.

Required Signature Pages. See Exhibit B.

Submission of Proposals & Questions
Sealed proposals, subject to the specifications and conditions contained hereto, will be received in the Purchasing Department until 2:00 P.M., THURSDAY, DECEMBER 4, 2019.

Proposals are to be mailed to the Town of Front Royal, ATTN: Alisa Scott, Purchasing Manager, P.O. Box 1560, Front Royal, Virginia 22630. Proposals may also be hand delivered until the scheduled date and time shown above to the Purchasing Department, 102 E. Main Street, Front Royal.

The outermost envelope which a proposal and copies is contained therein must be clearly marked “EXECUTIVE SEARCH”. The Town of Front Royal is not responsible for delays in the delivery
of the mail by the U.S. Postal Service, private couriers, or the inter-office mail system. It is the sole responsibility of the Offeror to ensure this its proposal reaches the Town of Front Royal by
the designated date and hour.

Any proposal received after the announced time and date of the submittal deadline will not be considered.

One (1) original and nine (9) copies of your proposal must be received by the Town by December 4, 2019 Proposals shall be submitted the following address:

Town of Front Royal
Attn: Alisa Scott, Purchasing Manager
PO Box 1560
102 E. Main Street
Front Royal VA 22630

If the Town of Front Royal has closed due to inclement weather and/or emergency situations prior to or at the time set aside for receipt of proposals, the published due date will default to the
next open business day at the same time.

Deadline changes and any addenda shall be transmitted by e-mail to all registered holders of the Request for Proposal. Request for a copy of the RFP does not commit the holder to submit a
proposal.

All costs of proposal preparation and presentation shall be borne by each Offeror. The Town of Front Royal is not liable for any cost incurred by the Offeror prior to issuance of a contract.

Submittal of a proposal indicates acceptance by the proposer of the conditions contained in this request. The Town of Front Royal reserves the right to reject without prejudice any or all
responses. The Town of Front Royal reserves the right to waive formalities and negotiate with any proposer. The Town of Front Royal reserves the right to amend the specifications of this
Request for Proposals and request new and/or updated proposals at any time prior to award of contract.

The Town shall select the best proposal based upon the evaluation criteria.

Each Offeror is responsible for examining and understanding this RFP prior to submitting a proposal. Offerors assume all risk of errors contained in this procurement process and no contract
awarded will be increased to cover costs that should have been anticipated by the Offeror in examining the documents.

The Town of Front Royal reserves the right to request verification, validation or clarification of any information contained in a proposal.

Proposals shall be valid for ninety (90) days following the opening date. No proposal may be withdrawn or changed during this period.

Submitted proposals shall be available to the public for review for a period of sixty (60) days after award of contract.

All communication regarding this RFP shall be directed to the following contact:

Julie Bush – HR Director
Town of Front Royal
102 E. Main Street
P.O. Box 1560
Front Royal, VA 22630
(540) 635 – 3929
jbush@frontroyalva.com

Ms. Bush will provide all respondents with any information required to successfully prepare a response which will meet the Town’s needs.

Contact with other Town employees regarding this RFP is prohibited without prior consent.

Vendors that directly contact employees risk elimination.

Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict competition. On the contrary, all responsible firms are encouraged to submit proposals.

The awarding authority for this contract is the Town of Front Royal. It is understood and agreed that the contract generated from this Proposal shall be subject to annual appropriations by the
Town of Front Royal Town Council. Should the Council fail to appropriate funds for the contract, the contract will be terminated when funds are exhausted. There shall be no penalty should the
Council fail to make annual appropriations for the contract.

The Town of Front Royal reserves the right to accept or reject any and all proposals; to waive informalities; to negotiate with the lowest qualified Offeror in order to stay within available budget
funding; and to award the project as deemed in its judgment to be in the best interest of the Town of Front Royal.

All Offerors shall abide by all applicable State and Federal laws.

The Town of Front Royal does not discriminate against small and minority businesses.

The Town of Front Royal reserves the right to accept or reject any and all proposals.

PART THREE EVALUATION AND AWARD CRITERIA
Each proposal will be independently evaluated on the criteria listed below. Points assigned to each category are listed in parentheses:

Consultant Experience/Qualifications (20 points). Experience in providing services similar to those requested and having obtained favorable outcomes (“Favorable outcomes” should be
measured in terms of number of Town Managers placed, length of service of Town Managers placed and level of satisfaction with those Town Managers).

Cost (10 points). Total estimated fees and expenses for the services broken down by task. While cost will be a consideration in the award of the contract, the contract will not necessarily be
awarded to the firm submitting the lowest cost proposal. The Town’s intent is to award the contract to the firm whose proposal is deemed to offer the best overall value and fit to the needs
of the organization.

Dependability (20 points). Ability and commitment to complete the work within the required time frame and proposed cost as evidenced by documentation provided through references.

Sample Materials (10 points). Quality and quantity of recruiting specifications, community/agency profiles, recruitment brochures, invitee letters and announcements provided.

References (20 points). Quality and quantity of client references provided. Evaluation of past recruitments as stated by references in the proposal and of relevance of past experience as
reported in this submission.

Quality of Response (20 points). The overall quality of the response, conformance to format, approach, and its responsiveness to this request for proposal.

PART FOUR GENERAL TERMS AND CONDITIONS ETHICS IN PUBLIC CONTRACTING
By submitting their proposal, all Offerors certify that their proposal is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other
Offeror, supplier, manufacturer or sub-contractor in connection with their proposal, and that they have not conferred with any public employee having official responsibility for this procurement
transaction, any payment, loan, subscription, advance, deposit of money, services or anything more than nominal value, present or promised, unless consideration of substantially equal or greater
value was exchanged.

LICENSES AND PERMITS
The Offeror agrees that it has procured all licenses, permits, or other like permission required by law to conduct or engage in the activity requested within this RFP; that it will procure all additional licenses, permits, or like permission required by law during the term of the Contract; and that it will keep such licenses, permits, and permissions in full force and effect during the term of the Contract.

INEPENDENT CONTRACTOR
The Offeror understands and agrees that the relationship of the Offeror to the Town arising out of the Contract shall be that of Independent Contractor. It is understood that the Offeror, or its staff
and employees, are not employees of the Town and are, therefore, not entitled to any benefits. The Offeror shall be responsible for reporting and accounting for all State, Federal, Social Security,
and local taxes where applicable.

PAYMENT
To the Independent Contractor:

a. The Town shall promptly pay for the completed services or delivered goods described in the RFP by the required date. The required payment date shall be either: (1) the date on which payment is due under the terms of the contract, or (2) if a date is not established by the contract, not more than forty-five (45) days after goods or services are received or not more than forty-five (45) days after an invoice is rendered, whichever is later. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial executions or deliveries to the extent that the contract provides for separate payment for partial execution or delivery. Within twenty (20) days after the receipt of an invoice for goods or services, the Town shall notify the supplier of any defect or impropriety that would prevent payment by the required payment date. If the Town fails to make payment by the required payment date, the Town shall pay any finance charges assess by the supplier that shall not exceed one percent (1%) per month. Where payment is made by mail, the date of the postmark shall be deemed to be the date the payment is
made.

b. Individual Independent Contractors shall provide their Social Security numbers, and proprietorships, partnerships, and corporations shall provide the Town of Front Royal with a Federal Employer Identification number, prior to receiving any payment from the Town.

c. Invoices for items ordered, delivered and accepted shall be submitted by the Independent Contractor directly to this payment address:

Town of Front Royal
Purchasing Department
P.O. Box 1560
Front Royal, VA 22630

All invoices shall show the applicable Purchase Order number.

d. The Independent Contractor shall monthly furnish an invoice to the Town for services rendered that month. All goods or services provided under this contract or Purchase Order, that are to be paid for with public funds, shall be billed by the Independent Contractor at the contract price, regardless of which Town department is being billed.

e. Unreasonable Charges. Under certain emergency procurements and for most time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Independent Contractors should put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges.

Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached. Upon determining that invoiced charges are not reasonable, the Town shall promptly notify the Independent Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Independent Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute. (Code of Virginia § 2.2-4363).

To Subcontractors:
a. An Independent Contractor awarded a contract under this solicitation is hereby obligated:

(1) To pay the subcontractor(s) within seven (7) days of the Independent Contractor’s receipt of payment from the Town for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the agency and the subcontractor(s), in writing, of the Independent Contractor’s intention to withhold payment and the reason.

b. The Independent Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Independent Contractor that remain unpaid seven (7) days following receipt of payment from the Town, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. An Independent Contractor’s obligation to pay an interest charge to a subcontractor cannot be construed to be an obligation of the Town of Front Royal.

REPORTS
The Independent Contractor shall complete, maintain, and submit to the Town all records and reports and lists of services rendered when such services are rendered.

SERVICES RENDERED
The Independent Contractor shall perform all services to be rendered pursuant to the Contract at the location specified above. The Independent Contractor agrees to maintain all facilities and
equipment used by Independent Contractor under the Contract in clean, sanitary, and safe condition and free from defects of every kind.

TAXES
The Independent Contractor shall pall all County, Town, State and Federal taxes required by law and resulting from the work or traceable thereto, under whatever name levied. Said taxes shall
not be in addition to the Contract price between the Town of Front Royal and the Independent Contractor, as the taxes shall be solely an obligation of the Independent Contractor and not the
Town, and the Town shall be held harmless for same by the Independent Contractor. The Town of Front Royal is exempt from State Sales Tax and Federal Excise Tax. A Tax Exemption
Certificate indicating the Town’s exempt status will be furnished by the Town of Front Royal upon request.

BUSINESS LICENSE REQUIREMENT
If a business is in the Town of Front Royal, it is unlawful to conduct or engage in that business without obtaining a business license.

COMPLIANCE WITH FEDERAL IMMIGRATION
The Independent Contractor does not and shall not during the performance of the Contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in
the federal Immigration Reform and Control Act of 1986.

COMPLIANCE WITH STATE LAW
The Independent Contractor shall comply with section 2.2-4311.2 of the Code of Virginia pertaining to foreign and domestic businesses authorized to transact business in the Commonwealth.

TERMINATION FOR CAUSE
The Contract may be terminated by the Town upon fifteen (15) days written notice to the Independent Contractor to the address first named above in the event of substantial failure or default of the Independent Contractor to perform in accordance with the terms hereof through no fault of the Town’s.

TERMINATION FOR CONVENIENCE
The obligation to provide further services under the Contract may be terminated by the Town for its convenience and not for cause upon fifteen (15) days written notice. The Independent Contractor shall be compensated for work performed through the date of termination and for termination expenses, including any expenses directly attributable to termination and for which
the Independent Contractor is not otherwise compensated. Termination expenses shall not, however, include loss profits on services not performed as a result of such termination for
convenience.

NOTICE
Any notice which is required to be given, or which may be given under the Contract, shall be sent to those mailing addresses noted in the first paragraph of the Contract.

NON-ASSIGNABILITY
The Independent Contractor understands that the Contract is a contract with the professional services of the Independent Contractor and that it is made by the Town in reliance on the Independent Contractor’s personal skills and knowledge in the activity to be conducted and as represented by the Independent Contractor. Accordingly, the Contract is non-assignable by the
Independent Contractor without the express written advance permission of the Town.

INSURANCE
The Independent Contractor shall procure and maintain the general liability insurances shown below, with the Town named as Additional Insured, for protection from claims arising out of
performance of services caused by negligent, reckless, or willful error, omission or act for which the Independent Contractor is legally liable. The Independent Contractorshall deliver to the Town,
upon execution of the Contract, certificates of such insurance. Insurance shall provide for coverage effective through the date of the end of the Project.

Comprehensive General Liability Insurance, naming the Town as Additional Insured
Automobile Liability, naming the Town as Additional Insured
Worker’s Compensation

AMOUNT OF INSURANCE REQUIRED
Comprehensive General Liability Insurance – $1,000,000 Minimum per Incident
Automobile Liability Insurance – $1,000,000 bodily injury and $1,000,000 property damage
Worker’s Compensation – As required by the Commonwealth of Virginia

INDEMNIFICATION
The Contractor shall indemnify, keep and hold harmless the Town of Front Royal and its members of Council, officers, directors, agents, employees and volunteers against any and all claims of
injuries, death, damage to property, theft, patent claims, suits, liabilities, judgements, costs and expenses (including reasonable attorney fees) which may otherwise accrue against the Town in
consequence of the granting of a contract which may otherwise result therefrom, if it shall be determined that the act was caused through negligence or error, or omission of the contractor or
his or her employees, or that of the subcontractor or his or her employees, if any; and the contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgement shall be rendered against the Town in any such action, the contractor shall, at his or her own expense, satisfy and discharge the same. The contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Town as herein provided. The provisions of this section shall survive the completions,
terminations or expiration of the contract.

ENTIRE CONTRACT
The Contract constitutes the entire agreement between the parties pertaining to the subject matter of the Contract and supersedes all prior or contemporaneous agreements and understandings of the parties in connection with the subject matter. No modification of the Contract shall be effective unless made in writing and signed by both parties.

STANDARD OF CARE
The Independent Contractor shall perform the services as described by the Contract expeditiously and diligently and in accordance with the standard of care and skill ordinarily exercised under similar conditions by reputable members of its profession or trade practicing in the same or similar locality within the Commonwealth of Virginia existing as of the date such services are provided and in accordance with all applicable laws, codes, and regulations in effect as of the date such services are provided

ENFORCEMENT
The Contract shall be governed by the laws of the State of Virginia. Any action maintained by either party for the enforcement or interpretation of the terms of the Contract shall be filed in the
courts of Warren County, Virginia.

PART FIVE ATTACHMENTS
Any resulting contract will be based on the Town of Front Royal sample contract – Attachment A.

All proposals are to include the Town’s required signature pages – Attachment B.

THIS IS A SAMPLE AGREEMENT THAT WILL BE ENTERED INTO BETWEEN THE TOWN AND THE INDEPENDENT CONTRACTOR. THE AGREEMENT IS PART OF THIS SOLICITATION.

THIS AGREEMENT IS SUBJECT TO REVIEW BY THE TOWN ATTORNEY.

ATTACHMENT A SAMPLE CONTRACT FOR SERVICES
THIS CONTRACT FOR SERVICES is made and entered into this ______ day of __________________, 20_____, by and between THE TOWN OF FRONT ROYAL, VIRGINIA, a Municipal Corporation, whose address is 102 East Main Street, Front Royal, Virginia 22630 (hereinafter referred to as the “Town”), and INDEPENDENT CONTRACTOR., a STATE Corporation, whose street address is INDEPENDENT CONTRACTOR ADDRESS, and whose mailing address is SAME (hereinafter called the “Contractor”).

W I T N E S S E T H:
That for and in consideration of the mutual promises contained herein, the Town agrees to purchase, and the Contractor agrees provide the following described services:

EXECUTIVE SEARCH SERVICES
1. Place of Service Performance/Delivery:
FRONT ROYAL, VA 22630

2. Time of Service Delivery: Normal working business hours for this project will be 7:00 A.M. to 5:00 P.M., Monday through Friday, unless otherwise approved by the Town of Front Royal. Work will not be permitted on any Town of Front Royal holidays, which include New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve Day, and Christmas Day.

3. Term of Contract: This Contract shall be in effect beginning with the date of the final signature on the contract and continuing (if not otherwise terminated pursuant to the terms of this agreement) until final approval by the Town of the service performed.

4. Payment: a. The Town shall promptly pay the sum of SUM for the completed services or delivered goods described in Attachment A “Proposal Response” by the required date. The required payment date shall be either: (1) the date on which payment is due under the terms of the contract, or (2) if a date is not established by the contract, not more than forty-five (45) days after goods or services are received or not more than forty-five (45) days after an invoice is rendered, whichever is later. Separate payment dates may be specified for contracts under which goods or services are provided in a series of partial executions or deliveries to the extent that the contract provides for separate payment for partial execution or delivery. Within twenty (20) days after the receipt of
an invoice for goods or services, the Town shall notify the supplier of any defect or impropriety that would prevent payment by the required payment date. If the Town fails to make payment by the required payment date, the Town shall pay any finance charges assess by the supplier that shall not exceed one percent (1%) per month. Where payment is made by mail, the date of the postmark shall be deemed to be the date the payment is made.

b. Individual Contractors shall provide their Social Security numbers, and proprietorships, partnerships, and corporations shall provide the Town of Front Royal with a Federal Employer Identification number, prior to receiving any payment from the City.

c. Invoices for items ordered, delivered and accepted shall be submitted by the Contractor directly to this payment address:

Town of Front Royal
Accounts Payable
P.O. Box 1560
Front Royal, VA 22630

All invoices shall show the applicable Purchase Order number.

d. The Contractor shall monthly furnish an invoice to the Town for services rendered that month. All goods or services provided under this contract or Purchase Order, that are to be paid for with public funds, shall be billed by the Contractor at the contract price, regardless of which Town department is being billed.

e. Unreasonable Charges. Under certain emergency procurements and for mote time and material purchases, final job costs cannot be accurately determined at the time orders are placed. In such cases, Contractors should put on notice that final payment in full is contingent on a determination of reasonableness with respect to all invoiced charges. Charges which appear to be unreasonable will be researched and challenged, and that portion of the invoice held in abeyance until a settlement can be reached.

Upon determining that invoiced charges are not reasonable, The Town shall promptly notify the Contractor, in writing, as to those charges which it considers unreasonable and the basis for the determination. A Contractor may not institute legal action unless a settlement cannot be reached within thirty (30) days of notification. The provisions of this section do not relieve an agency of its prompt payment obligations with respect to those charges which are not in dispute. (Code of Virginia § 2.2-4363).

To Subcontractors:
a. A Contractor awarded a contract under this solicitation is hereby obligated:
(1) To pay the subcontractor(s) within seven (7) days of the Contractor’s receipt of payment from the Town for the proportionate share of the payment received for work performed by the subcontractor(s) under the contract; or (2) To notify the agency and the subcontractor(s), in writing, of the Contractor’s intention to withhold payment and the reason.

b. The Contractor is obligated to pay the subcontractor(s) interest at the rate of one percent (1%) per month (unless otherwise provided under the terms of the contract) on all amounts owed by the Contractor that remain unpaid seven (7) days following receipt of payment from the Town, except for amounts withheld as stated in (2) above. The date of mailing of any payment by U.S. Mail is deemed to be payment to the addressee. These provisions apply to each sub-tier contractor performing under the primary contract. A Contractor’s obligation to pay an interest charge to a subcontractor cannot be construed to be an obligation of the Town of Front Royal.

5. Reports: The Contractor shall complete, maintain, and submit to the Town all records and reports and lists of services rendered when such services are rendered.

6. Services Rendered: The Contractor shall perform all services to be rendered pursuant to this Contract at the location specified above. The Contractor agrees to maintain all facilities and equipment used by the Contractor under this Contract in clean, sanitary, and safe condition and free from defects of every kind.

7. Licenses and Permits: The Contractor agrees that it has procured all licenses, permits, or other like permission required by law to conduct or engage in the activity provided for in this Contract; that it will procure all additional licenses, permits, or like permission required by law during the term of this Contract; and that it will keep such licenses, permits, and permissions in full force and effect during the term of this Contract.

8. Independent Contractor: The Contractor understands and agrees that the relationship of the Contractor to the Town arising out of this Contract shall be that of independent contractor. It is understood that the Contractor, or its staff and employees, are not employees of the Town and are, therefore, not entitled to any benefits provided employees of the Town. The Contractor shall be responsible for reporting and accounting for all State, Federal, Social Security, and local taxes where applicable.

9. Non-Discrimination: During the performance of this agreement the Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, natural origin, age, disability, status as a service disabled veteran or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary for the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that the Contractor is an equal opportunity employer. The Town of Front Royal does not discriminate against faith-based organizations.

c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

d. The Contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000.00 so that the provisions will be binding upon each sub-contractor or vendor.

10. Compliance with Federal Immigration Law: The Contractor does not, and shall not during the performance of the Contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

11. Compliance with State Law: The Contractor shall comply with section 2.2-311.2 of the Code of Virginia pertaining to foreign and domestic businesses authorized to transact business in the Commonwealth.

12. Drug-Free Workplace: For the purpose of this section, “drug-free workplace” means a site for the performance of work done in connection with this contract awarded to the Contractor in accordance with this procurement transaction.

During the performance of this contract, the Contractor agrees to:
a. Provide a drug-free workplace for the Contractor’s employees b. Post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition c. State in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace d. Include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

13. Termination for Cause: This Contract may be terminated by the Town upon fifteen (15) days written notice to the Contractor to the address first named above in the event of substantial failure or default of the Contractor to perform in accordance with the terms hereof through no fault of the Town’s.

14. Termination for Convenience: The obligation to provide further services under this Contract may be terminated by the Town for its convenience and not for cause upon fifteen (15) days written notice. The Contractor shall be compensated for work performed through the date of termination and for termination expenses, including any expenses directly attributable to termination and for which the Contractor is not otherwise compensated. Termination expenses shall not, however, include loss profits on services not performed as a result of such termination for convenience.

15. Notice: Any notice which is required to be given, or which may be given under this Contract, shall be sent to those mailing addresses noted in the first paragraph of this Contract.

16. Non-Assignability: Independent contractor understands that this Contract is a contract with the professional services of the Contractor and that it is made by the Town in reliance on the Contractor’s personal skills and knowledge in the activity to be conducted and as represented by the Contractor. Accordingly, this Contract is non-assignable by the Contractor without the express written advance permission of the Town.

17. Insurance: The Contractor shall procure and maintain the general liability insurances shown below, with the Town names as Additional Insured, for protection from claims arising out of performance of services caused by negligent, reckless, or willful error, omission or act for which the Contractor is legally liable. The Contractor shall deliver to the Town, upon execution of this Agreement, certificates of such insurance. Insurance shall provide for coverage effective through the date of the end of the Project.

Comprehensive General Liability Insurance, naming the Town as Additional Insured
Automobile Liability, naming the Town as Additional Insured
Worker’s Compensation

18. Amount of Insurance Required:
Comprehensive General Liability Insurance – $1,000,000 Minimum per Incident
Automobile Liability Insurance – $1,000,000 bodily injury and $1,000,000 property damage
Worker’s Compensation – As required by the Commonwealth of Virginia

19. Indemnification: The Independent contractor shall indemnify, keep and hold harmless the Town of Front Royal and its members of Council, officers, directors, employees and volunteers against any and all third party claims of injuries, death, damage to property, theft, patent claims, suits, liabilities, judgements, costs and expenses (including reasonable attorney fees) which may otherwise accrue against the Town in consequence of the granting of a Contract which may otherwise result therefrom, to the extent it shall be determined that the claim was caused through
negligence or error, or omission of the Independent contractor or his or her employees, or that of the Subcontractor or his or her employees, if any; and the Independent contractor shall, to the extent of its obligation above, pay all reasonable charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgement shall be rendered against the Town in any such action, the Service Provide shall, to the same extent, at its own expense, satisfy and discharge the same. The Independent contractor expressly understands and agrees that any performance bond or insurance protection required by this Contract, or otherwise provided by the Independent contractor shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the Town as herein provided. The provisions of this section shall survive the completions, terminations or expiration of the Contract.

20. Entire Contract: This Contract constitutes the entire agreement between the parties pertaining to the subject matter of this Contract and supersedes all prior or contemporaneous agreements and understandings of the parties in connection with the subject matter. No modification of this Contract shall be effective unless made in writing and signed by both parties.

21. Force Majeure: The Contractor shall not be held responsible for failure to perform the duties and responsibilities imposed by this Contract if such failure is due to fires, riots, rebellions, natural disasters, wars, or an act of God beyond control of the Contractor, and outside and beyond the scope of the Contractor’s then current, by industry standards, disaster plan that make performance impossible or illegal, unless otherwise specified in the Contract.

22. Antitrust: By entering into this Contract, the Contractor conveys, sells, assigns and transfers to the Town of Front Royal all rights, title, and interest in and to all causes of action the Contractor may now have or hereafter acquire under the antitrust laws of the United States or the Commonwealth of Virginia, relating to the goods or services purchased or acquired by the Town of Front Royal under this Contract.

23. Additional Terms and Conditions: The following attachments are made a part of this Contract and are incorporated herein:
(1) Attachment “A” – PROPOSAL RESPONSE
(2) Attachment “B” – PROPOSAL PRICING SCHEDULE

24. Standard of Care: The Contractor shall perform the services herein described expeditiously and diligently and in accordance with the standard of care and skill ordinarily exercised under similar conditions by reputable members of its profession or trade practicing in the same or similar locality within the Commonwealth of Virginia existing as of the date such services are provided and in accordance with all applicable laws, codes, and regulations in effect as of the date such services are provided.

25. Enforcement: This Contract shall in all aspects be governed by the laws of the Commonwealth of Virginia. Any action maintained by either party for the enforcement or interpretation of the terms of this Contract shall be filed in the courts of Warren County, Virginia. The Contractor shall comply with all applicable federal, state and local laws, rules and regulations.

IN WITNESS WHEREOF, the undersigned parties hereto have made and executed this Contract as the
day and year first above written.

(SEAL) TOWN OF FRONT ROYAL, VIRGINIA
Attest: ________________________________ BY: _________________________________

Printed Name: _________________________ Type Name: ________________________
Title: _________________________________ Title: _______________________________
Date: _______________________________

(SEAL) INDEPENDENT CONTRACTOR:
Attest: _________________________________ ____________________________________
Printed Name: __________________________ BY: ________________________________
Title: __________________________________ Printed Name: ______________________
Title: ______________________________
Date: ______________________________

APPROVED AS TO FORM:
_________________________________________
Douglas W. Napier, Town Attorney
DATE: __________________________________

ATTACHMENT B REQUIRED SIGNATURE PAGES
PLEASE NOTE: STATE CORPORATION COMMISSION (SCC) REGISTRATION
REQUIREMENTS effective July 1, 2010 require that your proposal include the identification number issued by the State Corporation Commission as proof of registration or justification for non-registration, per the requirements in Sections 6.31 and 9.21. Please complete this Proof of Authority to Transact Business in Virginia form and submit it with your proposal. Failure to provide this information or providing inaccurate or purged information shall result in your proposal being rejected.

State Corporation Commission Form
Virginia State Corporation Commission (SCC) Registration Information Pursuant to VPPA §2.2-4311.2, the bidder must include the following information: o is a corporation or other business entity with the following SCC identification number:

-ORo is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -ORo is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location)

-ORo is an out-of-state business entity that is including with this proposal an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

Attach opinion of legal counsel to this form.
o NOTE: Check this circle if you have not completed any of the foregoing options but currently have pending before the SCC and application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals. (The Town of Front Royal reserves the right to determine in its sole discretion whether to allow such waiver).

I certify the accuracy of this information.
Signed: Title: Date:

REQUIRED SIGNATURE PAGES NON-COLLUSION AFFIDAVIT
The undersigned bidder or agent, being duly sworn on oath, says that he/she has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership
represented by him, entered in to any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding
nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in
reference to such bidding. He/She further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee gift, commission or thing of value
on account of such sale.

OATH AND AFFIRMATION
I HEREBY AFFIRM UNDER THE PENALITIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID ARE TRUE AND CORRECT.
Dated this day of , 2019
(Name of Organization)
(Title of Person Signing)
(Signature)

ACKNOWLEDGEMENT STATE OF COUNTY OF
Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to me this day of , 2019
Notary Public Signature
My Commission Expires: (SEAL)

REQUIRED SIGNATURE PAGES
CONFLICT OF INTEREST: The undersigned certifies and warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest, which is defined as a situation in which the nature or work under the contract and the offeror’s organizational, financial, contractual or other interest are such that award of the contract may result in the offeror receiving an unfair competitive advantage, or the offeror’s objectivity in performing the contract work may be impaired. The offeror agrees that if after being awarded it discovers an organizational conflict of interest with respect to the being awarded, it shall make an immediate and full disclosure in writing to the Town of Front Royal which shall include a description of the action which the offeror has taken or intends to take to eliminate or neutralize the conflict.

INDICATE THE NAME AND CONTACT INFORMATION OF THE PERSON WHO CAN RESPOND AUTHORITATIVELY TO ANY QUESTIONS REGARDING THIS PROPOSAL (I.E. PROJECT MANAGER).

Dated this day of , 2019
(Name of Organization)
(Title of Person Signing)
(Signature)
ACKNOWLEDGEMENT STATE OF COUNTY OF
Before me, a Notary Public, personally appeared the above named and swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to me this day of , 2019
Notary Public Signature
My Commission Expires: (SEAL)

REQUIRED SIGNATURE PAGES
In compliance with this Request for Proposals and to all the conditions imposed herein, the undersigned offers and agrees to furnish the services in accordance with the proposal response.

LEGAL NAME & ADDRESS OF FIRM:
By:
Company’s Legal Name Authorized Representative – Signature in Ink
Printed Name:
Title:
Date:
Phone:
Email:
Fax:

In compliance with this RFP, and subject to all the conditions thereof, the signatory offers, if this bid is accepted within thirty (30) calendar days from the date of the opening, to furnish any or all of the items and/or services upon which prices are quoted, at the price set opposite each item, to be delivered at the time and place specified herein. The above signature certifies the bidder has read, understands, and agrees to all terms, conditions, and requirements of this bid, and is authorized to contract on behalf of firm named above.

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Town Manager search process started

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From left, Interim Town Manager Tederick, Town Attorney Doug Napier and Mayor-Elect Tewalt during work session discussion of the recruitment process for both a permanent town manager and the filling of Tewalt’s council seat upon his being sworn in as mayor. Photo by Roger Bianchini. Video by Mark Williams, Royal Examiner.

After the Town Council meeting on November 12th the Council went into what was expected to be a brief closed session regarding the Town’s lawsuit against the EDA for recovery of misdirected assets was also removed from the agenda, council adjourned to a work session to review the process of circulating an RFP (Request for Proposals) for a permanent Town Manager. Town Finance Director B. J. Wilson and Town Purchasing Manager Alisa Scott were commended for their work in preparing the fairly complex document.

Mayor-Elect Eugene Tewalt also introduced discussion of the appointment process of his replacement on Council upon his state-certified swearing in as mayor to the work session agenda. Council will have 45 days to make the appointment. Town Attorney Doug Napier noted that the appointee will have to run in the 2020 November election to maintain that seat. Tewalt suggested not advertising for applications for his seat until he had been certified by the State to be sworn in as mayor, a process he said County Registrar Carol Tobin could take another week or two.

Watch the discussion at the  work session in the exclusive Royal Examiner video:

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Public calls Council to account on processes, personal agendas; and Council responds

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While a public berating of council was somewhat derailed by the unexpected announcement that there would be no vote on the extension of Town central water-sewer to the proposed Crooked Run West development Tuesday night because that request had been withdrawn, Town official still found themselves in sometimes confrontational cross hairs of public scrutiny the evening of November 12.

Paul Gabbert, among others, were critical of the Front Royal Town Council’s processes and seeming personal agendas on a number of fronts, including committing Town water-sewer to future, out-of-town residential development. Royal Examiner Photos/Roger Bianchini. Video bu Mark Williams, Royal Examiner.

That scrutiny focused on the process and content of the Interim Town Manager’s contract and a general perception that a council majority sometimes appears to be acting in its own interests and agendas, as opposed to the public good. There was also some skepticism that the withdrawn Crooked Run central utility request “at this time” as project attorney Joe Silek Jr. phrased it, indicated only a delay in the request while public attention is at a peak, rather than a permanent change of plans.

Following Silek’s notice of the withdrawn utility request to open public comments near the meeting’s outset, seven speakers followed, all critical or sometimes bewildered to varying degrees with Council processes or actions. With Crooked Run West on the backburner for the time being, the Interim Town Manager’s contract developed by an apparent council minority that allows former Interim Mayor Matt Tederick to transfer that contract to an LLC (Limited Liability Company) for apparent tax-hedging purposes was a primary topic of public scrutiny.

Citing potential conflicts of interest, including those cited in a Simon Mays Letter to the Royal Examiner Editor posted the previous evening Linda Allen began by suggesting that council amend the contract to prevent the Interim Town Manager from hiring or firing employees.

Prior to meeting Gary Kushner discusses Town issues with Interim Town Manager Tederick, Acting Mayor Sealock and Mayor-Elect Tewalt.

Fern Vasquez echoed that sentiment. Citing the internally controversial process in which Mayor-Elect Gene Tewalt, who remained a councilman Tuesday night due to ongoing election review in Richmond, appeared to be excluded from input or review, Vasquez said, “Since council chose not to utilize the normal state resources for this type of transition, we recommend they supervise this position closely, and not allow sudden administrative staffing changes.”

Citing Tewalt’s exclusion from the Interim Town Manager contract process, Janice Hart warned Council of “history repeating itself”. She compared Tewalt’s contract questions and the majority reaction to those questions to the Council majority’s reaction to former Councilwoman Bébhinn Egger’s questions three years ago about EDA projects and questionable assertions about those projects.

“That council member was looking for transparency and took a verbal beating, if you will, from the rest of the Council and they refused to listen to that councilmember that the Town had been overpaying the EDA – and look at what happened,” Hart warned of ignoring Tewalt’s questions today about the process of the Interim Town Manager hiring.

In her comments, Allen also cited Councilman Jacob Meza’s recent “we are not crooks” meeting comments complaining that council was receiving undue public criticism. Allen said she did not recall any past critical public speaker referring to council as “crooks” and that it was Meza himself that introduced the specter of illegal council behavior into the public discussion of council actions.

A lighter moment of confrontation occurred when near the end of his criticism of council for acting on internal agendas rather than in the public interest, Paul Gabbert referenced Meza’s past meeting comment that if citizens didn’t like his service, they could vote him out of office.

“He said if anyone wanted to take his seat, they were welcome to do so. Mr. Meza, if you want to come down here and join the crowd, I’ll come up and sit in your seat right now,” Gabbert told the councilman.

During a lengthy prepared and partially improvised response to the evening’s events and comments, Meza replied to Gabbert that he was glad to see he had taken an interest in local politics and would be undertaking what Meza observed was a difficult campaign path to election.

Above, Paul Gabbert may be trying to hypnotize Jacob Meza, below responding to council criticism, into giving up his council seat. Meza declined Gabbert’s invitation to swap seats.

“I didn’t say I was going to run, I said I’d take your seat,” Gabbert replied from the audience. It was a nuanced difference that seemed to elude Meza, who continued to reference a coming Gabbert run for office.

In lieu of the public criticism, one of Council’s newest members Letasha Thompson became emotional in response. She choked back tears as she said, “We are doing a lot of good stuff up here,” in citing pedestrian safety efforts, particularly in the area of the Kerfoot youth soccer fields and skatepark, among other things.

And council did conduct some business that was not removed from the agenda, including approval of a Special Use Permit for a Daycare Center at 460 Commerce Avenue for the Embassy Deliverance & Worship Center; approval of another five-year extension of the Town’s passenger bus (trolley) service at a cost of only 32% of operational expenses, the rest being funded by state and federal grants; and Consent Agenda approval of two items, the purchase of three new police vehicles replacing ones with over 100,000 miles at a cost of $125,787.48; and approval of contract with Portland Utilities Construction Company for the installation of over 3400 linear feet of sanitary sewer lines to begin needed Intake & Inflow (I&I) upgrades that have been under study the past year.

Letasha Thompson fought back tears while responding to repeated collective criticisms of council.

See all the drama, humor, emotion and conduct of business at the meeting  in this Royal Examiner video:

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Crooked Run West facing central water denial at Nov. 12 council meeting

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Despite November 4th work session discussion indicating a clear council majority publicly stating they will not vote to approve Town central water and sewer extension to the now primarily residential Crooked Run West development outside the town limits in the Route 522/340 Commercial Corridor there will be a vote on the request at the Tuesday, November 12 Front Royal Town Council meeting.

“What is the will of council, do you guys want to punt this some more?” Interim Mayor Matt Tederick asked after suggesting the Town keep the existing Memorandum of Understanding (MOU) with the County regarding the extension of Town central water-sewer out of town in place.

“No, I don’t want to talk about it anymore. We don’t have enough people on council who are interested in supplying water. None of us – well there are two undecideds who I don’t know where they stand and I don’t want to put words in anybody’s mouth – but if we continue to drag this to work sessions, we’re not being straight forward in just saying, ‘Look, we’re not interested.’ Just say that, we’re not interested and let’s move on to something else,” Councilwoman Letasha Thompson suggested in the wake of negative council comments concerning the request.

After a majority said ‘No’ on Nov. 4, Letasha Thompson suggested council pack up the Crooked Run West central water-sewer request and move on to other business. As of Friday afternoon, Nov. 8, Town Manager Joe Waltz, at right, had done just that as he leaves the Town to move back into the energy sector. Royal Examiner Photos/Roger Bianchini

Responding to a question on process options by Interim Mayor Tederick, Town Attorney Doug Napier concurred with Thompson’s suggestion noting council could simply message the developer and/or the County that is still considering the rezoning request that would enable the project to move forward if Town central utility extension were granted “that there is no majority council support and leave it at that.”

However one of those apparent undecideds, Councilman Jacob Meza who at times appears to be council’s biggest proponent of accommodating the request, suggested a public vote to put council and its members on the record in response to the request. Tewalt agreed and the matter was forwarded to the forthcoming council meeting of November 12 for a vote.

Prior to that decision to proceed with an apparently negative vote on the Crooked Run West matter there was some interesting discussion surrounding the request and exactly what accommodating it would imply for the Town’s future control of its own central water-sewer utility.

With considerably more institutional memory of Town-County relations over the past two-plus decades, Gene Tewalt, left center, has often found himself at odds with younger council colleagues.

“I’m not in favor of supplying water out there to Crooked Run West; I’d like to see it stay commercial… I’m not in favor of giving them water for the change to residential growth,” Councilman Chris Holloway, himself a residential developer, said.

However, Holloway disputed Councilman Gene Tewalt’s contention that accommodating the request would set a dangerous legal precedent altering the Town’s water policy and agreement with the County that Town water-sewer be extended outside the town limits primarily for commercial and industrial development.

The issue is a consequence of the first-of-its-kind in Virginia 1998/99 Corridor Agreement between the Town and County that headed off what would have been a bitterly-contested annexation fight precluding the extension of Town water-sewer to facilitate commercial development seen as a community-wide benefit into the North Corridor.

“I mean I think we’re already supplying water out into other areas and I think if somebody did come along and want to sue us for not providing water and sewer they’d have good case cause we’re already supplying water and sewer to Blue Ridge Shadows all up through those areas… We’ve already opened the door,” Holloway told his colleagues.

“No, we haven’t,” Tewalt responded in disagreement, apparently based on the fact that the water-sewer extension to the residential aspect of the Blue Ridge Shadows project was done as part that group’s originally-submitted plan to build a professional tournament sized golf course as the commercial base for its residential aspect. That Town central water-sewer extension to Blue Ridge Shadows also facilitated additional commercial development to the adjacent Holiday Inn motel and Houlihan’s restaurant.

“If we open the door up, we’ll never be able to close it again,” Tewalt insisted of accommodating a primarily residential development central water-sewer utility request outside the town limits.

Council addresses recycling, Tederick contract and Crooked Run West

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School Board approves anti-bullying resolution, wireless upgrades

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Warren County High School DECA Chapter members (L to R: Reina Garnette, Halea Hose, and Brianna Cochran) on Wednesday showed off their ‘Enough!’ t-shirts to School Board members, who unanimously adopted a resolution in support of their efforts to end domestic violence, child abuse and bullying. Photo by Kim Riley. Video by Mark Williams, Royal Examiner.

FRONT ROYAL — A high school anti-bullying initiative, along with almost $80,000 in wireless upgrades and additional cables for local elementary schools, received unanimous approvals by the Warren County School Board during its regular meeting on November 6.

School Board members voted 5-0 to adopt a resolution supporting Warren County High School’s (WCHS) DECA Chapter in its endeavors to promote a culture of zero tolerance for bullying behavior in school.

Every year the high school’s DECA chapter conducts a project and maps out several related activities for the fall. The team also submits its final project for competitions at the state and national levels, said Richard Gardner, WCHS business and marketing teacher and a DECA advisor.

This year, the 50-member WCHS DECA Chapter developed the Enough Project, an awareness campaign to end domestic violence, child abuse and bullying. As part of the project, DECA students have teamed up with The Phoenix Center, a local help center for victims of domestic violence, and joined in the AT&T Later Haters national campaign to promote online positivity and cyberbullying awareness, among other activities.

The awareness poster presented by DECA chapter members from WCHS during the Warren County School Meeting on November 6. Photo by Kim Riley

Three WCHS students are in charge of the Enough Project: Halea Hose, 17, a senior; Reina Garnette, 16, a junior; and Brianna Cochran, 15, a sophomore. They presented information about the project to School Board members on Wednesday and asked for their support.

“Teenagers who are witnessing violence in their families are 50 percent more likely to have an abusive relationship themselves,” Hose explained. “This was a very scary statistic to learn… and we decided we wanted to do something to help.”

The students first unveiled the Enough Project by setting up a stand at football games where they also handed out Phoenix Center resources and other related information, including a hotline number for victims.

As time went on, though, the students chose to expand the reach of the project by teaming up with the Prevent Child Abuse America organization, which in 2008 introduced the pinwheel as the new national symbol for child abuse prevention through Pinwheels for Prevention.

Cochran, who handed out purple pinwheels to each of the School Board members, reminded everyone that “what you say to your child means more than you will ever know.”

WCHS student and DECA chapter member Brianna Cochran on Wednesday handed out purple pinwheels to School Board members to help raise awareness about child abuse prevention. Photo by Kim Riley

Consequently, the students also decided to raise awareness about the significant role that social media plays in modern-day communications as part of their Enough Project.

“The sad truth is that social media opens up a gateway to cyberbullying,” Garnette said. “Cyberbullies use the internet to tear people down and spread hate without having to show their face or take responsibility for their actions.

“What they don’t know is that victims of cyberbullying can experience feelings such as loneliness, isolation, and extreme stress and anxiety,” added Garnette. “Our mission here is to spread awareness and educate our youth on the impact that one single text or snapchat can have on someone’s mental health and self-esteem.”

This year, the DECA team also held an event at Skyline Middle School to help raise awareness about bullying. They encouraged students to sign pledge cards that state: “I believe that everyone at Skyline Middle School has a right to be who he or she is without being bullied or made fun of. I promise to be respectful of others and their feelings. I promise that I will not BULLY or TEASE others. I promise to help others who are being bullied. If I see someone bullying another person, I will go and tell an adult.”

“Domestic abuse, child abuse and bullying all have one thing in common: mental health,” said Hose, who handed out a pledge card to each of the School Board members. “Everyone in this room knows what it’s like to feel alone and we want to make sure that no child has to go through that.”

Going forward, the Enough Project team plans to work with guidance counselors and other DECA chapter members to hold more activities for middle schoolers about healthy relationships.

“Board members, we need your help to say ‘Enough’ to domestic violence, ‘Enough’ to child abuse, and ‘Enough’ to bullying,” Hose said.

School Board members thanked the students for their efforts and adopted the “Resolution of the Warren County School Board Supporting the Warren County High School DECA Club Anti-Bullying Initiative.”

The resolution acknowledges the “pervasive problem” caused by bullying in schools and its negative consequences and states that School Board members support the DECA chapter “in helping to create a student-led culture of intolerance for bullying.”

In other action, members of the School Board voted on two separate, but related wireless items brought before them by Timothy Grant, director of technology for Warren County Public Schools (WCPS).

Grant explained that the district’s elementary schools need upgraded WIFI access since each school is currently outfitted with approximately one access point for every eight classrooms. The upgrade will increase the WIFI saturation to one access point per classroom, he said.

“The funding for this project is coming from E-Rate Program funds and the WCPS technology budget,” said Grant, who noted that federal E-rate funding will pay for 70 percent of the eligible products and services.

The entire cost of the project totals $137,322, Grant said, with WCPS only responsible for $40,181 of the project due to the E-rate discount and a technology trade-in program for the ineligible items.

The board voted 5-0 to approve the $40,181 purchase of wireless products and services for A.S. Rhodes, E. Wilson Morrison, Hilda J Barbour, Leslie Fox Keyser, and Ressie Jeffries elementary schools following a motion by board member Arnold Williams Jr., and a second by board member James Wells.

Grant then approached the board with a request for additional cabling that needs to be installed in each WCPS elementary school to support the upcoming wireless upgrade. This will be done in conjunction with the E-rate wireless project and is required for the new access points to be installed, he explained.

The cost of this project is $39,000, with services and equipment for this project quoted using the Town of Front Royal IT contract, according to Grant.

School Board members unanimously approved the request following a motion by School Board Vice Chairman C. Douglas Rosen and a second by School Board member Donna McEathron.

Watch the Royal Examiner video to see other reports and action by Warren County School Board members, including its approval of both the 2020-2021 school year calendar, as well as the members for the 2019-2020 Career and Technical Education Advisory Committee.

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FAFSA Party @ LFCC Middletown Campus
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Join other college-bound students and their parents at LFCC for a FAFSA Party on the Middletown Campus on the following dates: Monday, Nov. 4 Thursday, Nov. 14 Monday, Nov. 18. Time: 5-7 p.m. Learn about[...]
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1:30 pm Botanical Drawing II: Drawing in... @ Art in the Valley
Botanical Drawing II: Drawing in... @ Art in the Valley
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Botanical Drawing II: Drawing in Color @ Art in the Valley
Learn and practice the art of botanical drawing in colored pencil with local artist and instructor Elena Maza. This four week course will focus on continuing to build drawing skills as applied to botanicals: students[...]
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Science Scouts and More @ Samuels Public Library
Nov 19 @ 4:30 pm – 6:00 pm
Science Scouts and More @ Samuels Public Library
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10:15 am Toddler and Preschool Story Time @ Samuels Public Library
Toddler and Preschool Story Time @ Samuels Public Library
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Toddler and Preschool Story Time @ Samuels Public Library
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Botanicals in Watercolor I @ Art in the Valley
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Botanicals in Watercolor I @ Art in the Valley
This four week course with instructor, Elena Maza, will deal with the basic three-primary color palette, different pigments and how they interact, how to mix all colors from three primary colors, how to apply washes,[...]
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Drama Performance: “Loserville” @ Melton Memorial Gymnasium | R-MA
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Drama Performance: "Loserville" @ Melton Memorial Gymnasium | R-MA
On Wednesday, November 20th, and Thursday, November 21st, Randolph-Macon Academy’s Performing Arts Department will present its 2019 fall production of Elliot Davis’ and James Bourne’s musical, Loserville. The musical, which will take place in Melton[...]
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10:15 am Toddler and Preschool Story Time @ Samuels Public Library
Toddler and Preschool Story Time @ Samuels Public Library
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Toddler and Preschool Story Time @ Samuels Public Library
10:15 Toddler story time | 11:00 Preschool story time Wednesday, November 6 and Thursday, November 7: It’s playtime! Come in for stories, songs, and a craft about our favorite toys, games, and imaginings! Siblings welcome.[...]
7:00 pm Drama Performance: “Loserville” @ Melton Memorial Gymnasium | R-MA
Drama Performance: “Loserville” @ Melton Memorial Gymnasium | R-MA
Nov 21 @ 7:00 pm – 9:00 pm
Drama Performance: "Loserville" @ Melton Memorial Gymnasium | R-MA
On Wednesday, November 20th, and Thursday, November 21st, Randolph-Macon Academy’s Performing Arts Department will present its 2019 fall production of Elliot Davis’ and James Bourne’s musical, Loserville. The musical, which will take place in Melton[...]
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Children’s Class: Drawing A Self... @ Art in the Valley
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Children's Class: Drawing A Self Portrait @ Art in the Valley
In this class students will learn how to draw facial features and the proportions used for placement of features on a face.  They will complete a self portrait using graphite. Classes are designed for the[...]