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October 15th, 2015 Full AgendaA Community of Choice, Committed to Excellence Agenda Board of Supervisors Isle of Wight County October 15, 2015 1. Call to Order (5:00 p.m.) 2. Closed Meeting 3. Invocation – The Honorable Byron B. Bailey/Pledge of Allegiance (6:00 p.m.) 4. Approval of Agenda 5. Consent Agenda A. Resolution – Accept and Appropriate Funding from the Virginia Department of Education B. Resolution - Approve the Submission of a VDOT Revenue Sharing Grant Application C. Resolution - Accept and Appropriate a Local Emergency Management Performance Grant from the Federal Emergency Management Agency D. Resolution - Accept and Appropriate Dominion Power Funding from the Virginia Department of Emergency Management E. Resolution - Accept and Appropriate a State Criminal Alien Program Grant from the U.S. Department of Justice for the Western Tidewater Regional Jail F. Resolution - Accept and Appropriate a Bullet Proof Vest Partnership Grant from Bureau of Justice Assistance A Community of Choice, Committed to Excellence G. Resolution - Accept and Appropriate A Grant from the Virginia Department of Motor Vehicles for Highway Safety Enforcement H. September 17, 2015 Regular Meeting Minutes I. September 24, 2015 Retreat Minutes 6. Regional Reports 7. Appointments 8. Special Presentation/Appearances A. Federal Legislative Matters, Curtis Byrd, District Director, Congressman Randy Forbes’ Office B. Hampton Roads Planning District Commission Update - Robert Crum, Executive Director C. Presentation of VACo Achievement Award for Central Permitting. Larry Land, Virginia Association of Counties D. County Fair Update 9. Citizens’ Comments 10. Public Hearings A. Motion - Amend the Official Agricultural and Forestal District Map of Isle of Wight County, Virginia to Add 40.26 acres of land located on Bob White Road (Route 652) and Bowling Green Road (Route 644) to the Longview Agricultural and Forestal District A Community of Choice, Committed to Excellence B. Ordinance – Amend and Reenact Chapter 3, Animals and Fowl, Section 3-19, Running at Large Prohibited Within Certain Zoned Areas; “At Large” Defined; Responsibility of Owners or Custodians C. Motion - Conveyance of Ingress/Egress Easement at the Jones Creek Landing 11. County Administrator’s Report A. Motion - Adoption of Legislative Agenda B. Resolutions – Ratification of Local Emergency Declaration C. Motion - Approval of Board Assignment of VACo Voting Credentials D. Resolution - Amendment of County Purchasing Policy, Chapter 2, Financial and Accounting, Article 1, Central Purchasing of the County Policy Manual E. Resolution - Amendment of County Travel Policy, Chapter 7, Miscellaneous - Employee Related, Article 1, Travel, of the County Policy Manual F. Motion – Accept Board Retreat Summary and Actions as Presented G. Matters for the Board’s Information 1. Monthly Reports: Tax Levies & Collections as of September 2015; Cash Position; and, Statement of the Treasurer’s Accountability 2. Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2015/2016 3. Isle of Wight Sheriff’s Monthly Activity Report/August 2015 4. Isle of Wight Cooperative Extension Monthly Activity Report/September 2015 5. Isle of Wight Website Statistics/September 2015 6. Solid Waste Division Litter Pickup 7. Letter from the Town of Windsor re: Contribution for Old Gym A Community of Choice, Committed to Excellence 8. Town Hall Meeting re: Fire and EMS Service Delivery – October 19, 2015 9. Windsor Community Meeting – October 22, 2015 12. New Business 13. Adjournment ISSUE: Resolution to Accept and Appropriate School Security Grant Funding from the Virginia Department of Education BACKGROUND: The County has received a grant from the Virginia Department of Education in the amount of $50,843 from the 2015 School Security Equipment Grant Program. These grant funds will be used for security equipment (cameras) at Hardy Elementary and Westside Elementary Schools. BUDGETARY IMPACT: Receipt of this grant will increase the School Fund Technology category of revenues/appropriations by $50,843. RECOMMENDATION: Adopt a resolution to accept and appropriate grants funds. ATTACHMENTS: - Resolution - Correspondence from Isle of Wight County Schools - Correspondence from Virginia Department of Education October 15, 2015 RESOLUTION TO ACCEPT AND APPROPRIATE FIFTY EIGHT HUNDRED FORTY THREE DOLLARS FROM VIRGINIA DEPARTMENT OF EDUCATION WHEREAS, the County of Isle of Wight, Virginia has received a grant from the Virginia Department of Education for the purchase and installation of school security equipment in Hardy and Westside Elementary Schools; and, WHEREAS, grant funds in the amount of fifty thousand eight hundred forty three dollars ($50,843.00) from the Virginia Department of Education need to be appropriated to the Technology category in the FY2015-16 budget of the Isle of Wight Schools. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that fifty thousand eight hundred forty three dollars ($50,843.00) be appropriated to the Technology category in the FY2015-16 budget of the Isle of Wight County Schools. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this reimbursement and to do all things necessary to give this resolution effect. Adopted this 15th day of October, 2015. Rex W. Alphin, Chairman Carey Mills-Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney 1 October 7, 2015 Memorandum To: Michael Terry, Finance Director From: Rebecca Hicks, CFO Subject: Grant Awards – Fund 600 Isle of Wight County Schools has received the following grant. The School Board will approve this grant on October 8 and is requesting the grant be accepted and appropriated by the Board of Supervisors to the Schools Grant Fund. No impact on local funds. TOTAL GRANTS RECEIVED: $50,843.00 2015 School Security Equipment Grant Program - $50,843.00 Award letter is attached. From: <vdoe_do_not_reply@vak12ed.edu> Date: Thu, Sep 17, 2015 at 10:45 AM Subject: Security Equipment Grant Awarded for Isle Of Wight County Public Schools To: jthornton@iwcs.k12.va.us Cc: ahinds@iwcs.k12.va.us, nhopkins@iwcs.k12.va.us, June.Eanes@doe.virginia.gov Dr. James Thornton: I am pleased to inform you that the Virginia Department of Education has awarded Isle Of Wight County Public Schools a total of $50,843 from the 2015 School Security Equipment Grant Program authorized by the 2013 General Assembly. The grant award number assigned to this award is SEG15-046. These funds are approved for the purchase and installation of the school security equipment requested on the applications for the approved schools shown below: Hardy Elementary Westside Elementary Reimbursements from the state grant will be made only for qualified and approved items purchased on or after 09/25/2015. The equipment must be purchased within six months of the 09/25/2015 date, or by 3/25/2016. Please note that, in order to support the installation of school security equipment during the summer months and to expedite the spend-down of these Notes funds, effective with the 2014-2015 grants, school divisions and regional programs may include for reimbursement approved equipment purchased on or after May 19, 2015. (Reference Supts. Memo. #144-15). A local match of 25 percent of the state grant award is required. The local match should also be spent by the 3/25/2016 deadline. The state grants will be disbursed on a cost reimbursement basis only. Reimbursement payments will be issued to the division within 30 days of the grant reimbursement administrator receiving notification from the Department of Education of approved reimbursements. As this grant is funded with proceeds from notes issued by the Virginia Public School Authority, adherence to program requirements will be strictly enforced. The period of the award is 09/25/2015, through 06/30/2016, and the state funds must be requested for reimbursement during this period. The Request for Reimbursement form may be found at: http://www.doe.virginia.gov/support/facility_construction/security_equipment_grants/index.shtml. . Supporting payment documentation (invoices, receipts, etc.) must accompany your request for reimbursement. The completed reimbursement request should be sent at: Department of Education, Support Services, P. O. Box 2120, Richmond, VA 23218. If you have any questions concerning the reimbursement process, please contact the Support Services office by e-mail to: June Eanes or call (804) 225-2035 or (804) 225-2037. Sincerely, Dr. Steven R. Staples Superintendent of Public Instruction.  October 15, 2015/jlo/FY 2017 Revenue Sharing Grant Applications ISSUE: Resolution – Approve the Submission of a VDOT Revenue Sharing Grant Application BACKGROUND: The County anticipates submitting one (1) FY 2017 VDOT Revenue Sharing grant application in October 2015. As part of the application process, the Board is required to express support of the application by resolution. The notification of award is anticipated at some time between March-June 2016. The Revenue Sharing program is a 50/50 cost-share grant program which can be utilized to fund new construction, reconstruction, and maintenance projects on public roadways. Should the application be approved, the County will be responsible to fully-fund each approved project and will be reimbursed up to 50% of eligible project expenses on a rolling basis, approximately every 45 days. The County has submitted grant an application as follows: Project Name Description State Funded County Match Total Project Cost (50%) (50%) Broadwater Reconstruction UPC 105469 Reconstruction with no new capacity. $ 1,770,000 $ 1,770,000 $ 3,536,000 Total $ 1,770,000 $ 1,770,000 $ 3,536,000 RECOMMENDATIONS: Adopt the attached resolution of support for the FY 2017 Revenue Sharing application, as detailed above. ATTACHMENTS: - Resolution - Planning Level Project Estimate October 15, 2015/jlo/Broadwater--Resolution RESOLUTION TO SUPPORT APPLICATION FOR REVENUE SHARING FUNDS FROM VIRGINIA DEPARTMENT OF TRANSPORTATION FOR RECONSTRUCTION OF ROUTE 620 (BROADWATER), UPC 105469 WHEREAS, the Isle of Wight County Board of Supervisors desires to submit an application for an allocation of funds of up to one million seven hundred seventy thousand dollars ($1,770,000) through the Virginia Department of Transportation Fiscal Year 2017 Revenue Sharing Program; and, WHEREAS, said funds are requested to fund reconstruction improvements to Route 620 (Broadwater Road), UPC 105469, with no additional capacity, to include relocating utilities, widening travel lanes and shoulders, and providing new pavement markings and signage. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the County hereby supports this application for an allocation of one million seven hundred seventy thousand dollars ($1,770,000.00) through the Virginia Department of Transportation Revenue Sharing Program. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute all Program documents and make such accounting adjustments and execute such agreements and contracts as necessary to give this resolution effect, including acceptance and appropriation of any approved revenue sharing project funds. Adopted this 15th day of October 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney Locality/Agency: UPC #:105469 Project Name: PE 495,000$ RW 500,000$ Utilities -$ Construction Phase 3,036,000$ Construction 2,300,000$ Project Management506,000$ CEI (12%)276,000$ VDOT Charges (5%)115,000$ Project Administration (5%)115,000$ Total506,000$ Contingency 230,000$ Total 3,036,000$ Total Project Estimate 4,031,000$ Direct funded by SYIP (VDOT funds)(495,000)$ CIP Request $ 3,536,000 Transportation Project - Planning Level Estimate Isle of Wight County Road Reconstr - Rt 620 Broadwater (50/50) October 15, 2015/asc/2015 Emergency Management Performance Grant ISSUE: Resolution - Accept and Appropriate a Local Emergency Management Performance Grant from the Federal Emergency Management Agency BACKGROUND: The Department of Emergency Services has been awarded fifteen thousand dollars ($15,000) under the 2015 Emergency Management Performance Grant (EMPG) by the Federal Emergency Management Agency (FEMA). Grant funds will be provided by FEMA on a reimbursement basis up to seven thousand five hundred dollars ($7,500). The County provides an in- kind match of up to seven thousand five hundred dollars ($7,500). The funds will be for training and equipment. BUDGETARY IMPACT: The grant requires a 50/50 local match. The county’s match portion will be an in-kind match. Adoption of the attached resolution will increase the revenues and expenditures of the FY 2015-16 Grants Operating Budget by seven thousand five hundred dollars ($7,500) or so much as shall be received. RECOMMENDATION: Adopt a resolution to accept and appropriate funding from the 2015 Emergency Management Performance Grant (EMPG). ATTACHMENT: - Resolution - Grant Award Letter RESOLUTION TO ACCEPT AND APPROPRIATE GRANT FUNDS FROM THE 2015 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) PROGRAM WHEREAS, the Board of Supervisors of Isle of Wight County has authorized an application for funding under the 2015 Emergency Management Performance Grant (EMPG) program; and, WHEREAS, grant funding from the Federal Emergency Management Agency (FEMA) in the amount of seven thousand five hundred dollars ($7,500) or so much as shall be received needs to be accepted and appropriated to the FY 2015-16 Grants Operating Budget of Isle of Wight County, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that grant funds in the amount of seven thousand five hundred ($7,500) or so much as shall be received from FEMA be appropriated to the appropriate line items in the FY 2015-16 Grants Operating Budget of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Adopted this 15th day of October, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark Popovich, County Attorney “Working to Protect People, Property and Our Communities” COMMONWEALTH of VIRGINIA JEFFREY D. STERN, Ph. D. Department of Emergency Management 10501 Trade Court State Coordinator North Chesterfield, Virginia 23236-3713 (804) 897-6500 CURTIS C. BROWN (TDD) 674-2417 Chief Deputy Coordinator FAX (804) 897-6506 BRETT A. BURDICK Deputy Coordinator August 5, 2015 Ms. Anne Seward County Administrator Isle of Wight County P.O. Box 80 Isle of Wight, VA 23397 RE: FY 2015 Emergency Management Performance Grant Dear Ms. Seward: The Virginia Department of Emergency Management (VDEM) is pleased to announce the allocation of the 2015 Emergency Management Performance Grant (EMPG) (CFDA # 97.042) from the U. S. Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA). Appropriation Authority for this program is the Department of Homeland Security Appropriations Act, 2015 (Public Law 114-4). Your locality has been allocated funding for: Project Title: 2015 Local Emergency Management Performance Grant (LEMPG) Federal Grant Allocation: 7,500.00 Recipient’s Required Cost Share/Match Amount: 7,500.00 Total Project: 15,000.00 The purpose of the EMPG Program is to make grants to states to assist state and local governments in preparing for all hazards as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). Title VI of the Stafford Act authorizes FEMA to make grants for the purpose of providing a system of emergency preparedness for the protection of life and property in the United States from hazards and to vest responsibility for emergency preparedness jointly in the federal government, states, and their political subdivisions. The federal government, through the EMPG Program, provides necessary direction, coordination, guidance, and assistance, as authorized in this title so that a comprehensive emergency preparedness system exists for all hazards. “Working to Protect People, Property and Our Communities” Ms. Anne Seward Page 2 August 5, 2015 VDEM recognizes the critical role of emergency management at the local level. Strong local emergency management programs keep the Commonwealth safer, and allow state and local government to respond and recover effectively and efficiently when an emergency or disaster occurs. The objective of the LEMPG, then, is to support your locality’s efforts to develop and maintain a Comprehensive Emergency Management Program. Attached to this letter are the Work Elements. These Work Elements describe the items to be completed by your locality during the period of performance and are designed to enhance local capabilities in the areas of planning, training and exercises, situational awareness and capability reporting. Your VDEM regional coordinator can provide technical assistance and advice in completing these Work Elements. Please return the signed Work Elements to your Regional Coordinator by September 5, 2015. A final review report will be disseminated to your locality’s emergency management coordinator by your VDEM regional coordinator later this year. The final review report summarizes your locality’s compliance with the Work Elements and is due back to your Regional Coordinator no later than July 15, 2016. The obligation period for this program is July 1, 2015 to June 30, 2016. Reimbursements may be requested for items procured during this period consistent with the project intent. As a reminder, organizations that spend more than $750,000.00 in DHS funds during a fiscal year are subject to an independent audit per 2 C.F.R. Part 200. All projects must comply with Environmental and Historic Preservation (EHP) requirements. Sub-recipients must not obligate and/or expend any (federal and/or non-federal matching) funds on any project having the potential to impact environmental planning and historical preservation resources without the prior approval of FEMA. A current EHP review evaluation form must be submitted as part of the VDEM application. For more information, please visit http://www.vaemergency.gov/em-community/grants/ or contact your grant specialist. All applicants are required to submit a completed VDEM grant package and the electronic grants on-line budget application. In order to complete the on-line budget, please follow these instructions: Step 1: Please go on-line to the eGMS Grants System at https://www.ttegms.com/virginia/login.cfm. After logging in, you will see a welcome screen. Click on Grant Management and then on Budget Application from the drop-down menu. Click the link named 2015 Local Emergency Management Performance Grant (LEMPG) to complete your on-line budget application. Step 2: The remaining required forms are attached and can also be found on VDEM’s website and in the eGMS. Below is a list of the documents that comprise the VDEM grant application package: “Working to Protect People, Property and Our Communities” Ms. Anne Seward Page 3 August 5, 2015 Online Budget (eGMS) • POC Form • EHP Evaluation Form • Grant Assurances Form • FEMA 20-16C Form • SF-LLL – Certification Regarding Lobby Form In FY 2015, the federal share of the cost of an activity carried out using funds made available under the program shall not exceed 50% of the total budget. Cost match (cash or in- kind) requirement, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288), as amended, 42 U.S.C. 5121-5207, specifically, Title VI, sections 611(j) and 613. Unless otherwise authorized by law, federal funds cannot be matched with other federal funds. FEMA administers cost matching requirements in accordance with 2 C.F.R. Part 200, which is located at www.ecfr.gov .To meet matching requirements, the grantee contributions must be reasonable, allowable, allocable, and necessary under the grant program and must comply with all federal requirements and regulations. Management and administration (M&A) activities are those defined as directly relating to the management and administration of EMPG Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local emergency management agency (EMA) chooses to assign personnel to specific M&A activities. The state EMA may use up to 5% for M&A purposes. In addition, local EMAs may retain and use up to 5% from the state for local M&A purposes. All successful applicants for all DHS grant and cooperative agreements are required to comply with FY 2015 DHS Standard Administrative Terms and Conditions available at http://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions. Upon approval of an application, the award will be made in the form of a grant. The date the approval of award is entered in the system is the “award date.” Notification of award approval is made through the eGMS Grants System through an automatic e-mail to the sub-grantee point of contact listed in the initial application. Follow the directions in the notification to accept your award documents. The authorized grant official should carefully read the award package for instructions on administering the grant and to learn more about the terms and conditions associated with responsibilities under federal awards. “Working to Protect People, Property and Our Communities” Ms. Anne Seward Page 4 August 5, 2015 Sub-grantees are obligated to submit progress reports as a condition of their award acceptance. Subgrantee Quarterly Reports must be submitted to the VDEM Grant Administrator on a quarterly basis through email. The Subgrantee Quarterly Report must be based on the approved EMPG Program Work Plan. The Subgrantee Quarterly Report is available at http://www.vaemergency.gov/em-community/grants/all-grant-forms. Sub-grantees are required to report on progress towards implementing plans described in their application. Within 30 days after the end of the period of performance sub-grantees must submit a final progress report detailing all accomplishments throughout the period of performance along with the completed Work Elements. After these reports have been reviewed and approved by VDEM’s Grant Office and regional coordinators, a close-out notice will be completed to close out the grant. The notice will indicate the period of performance as closed, list any remaining funds that will be deobligated, and address the requirement of maintaining the grant records for five years from the date of the final report. The grantee is responsible for returning any funds that have been drawn down, but remain as unliquidated on grantee financial records. Please review and sign the required documents and return them to the Grants Management Office by September 6, 2015. If you have any questions regarding this award, please contact (Jocelyn Bagby) at the VDEM Grants Management Office at (804) 897-9766. Sincerely, Jeffrey D. Stern Ph. D. JDS/jb c: Ms. Andrea Clontz Coordinator, Emergency Management Mr. Jack King, Division Manager, Regional Support East Mr. David “Bruce” Sterling, Acting Chief Regional Coordinator, Region 5 October 15, 2015/asc/VDEM Dominion Power Pass Through Funding ISSUE: Resolution – Accept and Appropriate Dominion Power Funding from the Virginia Department of Emergency Management BACKGROUND: The Department of Emergency Services has received fifty-five thousand dollars ($55,000) from the Virginia Department of Emergency Management (VDEM) representing pass through funding from Dominion Power to risk jurisdictions. Isle of Wight County is considered a risk jurisdiction because the Surry Nuclear Power Station is located within 10 miles of the county. Of the $55,000, Dominion Power has stipulated that $5,000 must be used to offset the cost of the County’s emergency alert system (IWAlert). The remaining $50,000 will be used to enhance amateur radio capabilities in support of the county’s emergency operations and for additional training, equipment and supplies to increase the county’s emergency preparedness and response efforts. BUDGETARY IMPACT: There is no grant match requirement associated with the funding. Adoption of the attached resolution will increase the revenues and expenditures of the FY 2015-16 Grants Operating Budget by fifty-five thousand dollars ($55,000). RECOMMENDATION: Adopt the attached resolution to accept and appropriate the Dominion Power pass through funding received from VDEM. ATTACHMENT: Resolution RESOLUTION TO ACCEPT AND APPROPRIATE PASS THROUGH DOMINION POWER FUNDING FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT WHEREAS, Isle of Wight County is considered an at risk jurisdiction due to its close proximity (within 10 miles) to the Surry Nuclear Power Plant; and, WHEREAS, the Board of Supervisors of Isle of Wight County has received pass through funding from Dominion Power for risk jurisdictions from the Virginia Department of Emergency Management (VDEM); and, WHEREAS, funding from the VDEM in the amount of fifty-five thousand dollars ($55,000) or so much as shall be received needs to be accepted and appropriated to the FY 2015-16 Grants Operating Budget of Isle of Wight County, Virginia; and, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia that funds in the amount of fifty-five thousand dollars ($55,000) or so much as shall be received needs to be accepted and appropriated to the FY 2015-16 Grants Operating Budget of Isle of Wight County.   BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Adopted this 16th day of October, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark Popovich, County Attorney ISSUE: Resolution – Accept and Appropriate a State Criminal Alien Assistance Program Grant from the U. S. Department of Justice for the Western Tidewater Regional Jail BACKGROUND: The U. S. Department of Justice announced an award of $184 to Isle of Wight County to reimburse some of the costs of incarcerating undocumented criminal aliens who have committed serious crimes in the United States. The goal of the program is to enhance public safety in communities throughout the nation. These funds will be passed through to the Western Tidewater Regional Jail. BUDGETARY IMPACT: Adoption of the attached resolution will increase the revenues and expenditures of the FY 2015-16 Grants Operating Budget by $184. RECOMMENDATION: Adopt a resolution to accept and appropriate the U. S. Department of Justice award to the FY 2015-16 Grants Operating Budget. ATTACHMENT: Resolution RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FROM THE U. S. DEPARTMENT OF JUSTICE STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) PROGRAM WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia has approved the acceptance of grant funds from the U. S. Department of Justice State Criminal Alien Assistance Program known as SCAAP; and, WHEREAS, a grant award in the amount of one hundred eighty-four dollars ($184) or so much as shall be received needs to be accepted and appropriated to appropriate line item in the FY 2015-16 Grants Operating Budget of the County of Isle of Wight County. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia, that one hundred eighty-four dollars ($184) or so much as shall be received be accepted and appropriated to the appropriate line item in the FY 2015-16 Grants Operating Budget of the County of Isle of Wight, Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. Adopted this 15th day of October, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney ISSUE: Resolution - Accept and Appropriate a Bullet Proof Vest Partnership Grant from Bureau of Justice Assistance BACKGROUND: The County has received a grant from the Bureau of Justice Assistance (BJA) under the Bulletproof Vest Partnership (BVP) program in the amount of $7591. The grant funding will be used to purchase personal protective equipment for Sheriff’s Office personnel. The grant is a 50/50 match. BUDGETARY IMPACT: Receipt of this grant will increase the revenues/expenditures of the grant fund by $7591. RECOMMENDATION: Adopt a resolution to accept and appropriate funding to the grants fund budget from the Bureau of Justice Assistance. ATTACHMENTS: Resolution October 15, 2015 RESOLUTION TO ACCEPT AND APPROPRIATE SEVEN THOUSAND FIVE HUNDRED NINETY ONE DOLLARS AND TWENTY SIX CENTS FROM BUREAU OF JUSTICE ASSISTANCE WHEREAS, the County of Isle of Wight, Virginia has received a grant from the Bureau of Justice Assistance (BJA) under the Bulletproof Vest Partnership (BVP); and, WHEREAS, grant funds in the amount of seven thousand five hundred ninety one dollars and twenty six cents ($7,591.26) from The Bureau of Justice Assistance need to be appropriated to the FY2015-16 Grants Fund budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that seven thousand five hundred ninety one dollars and twenty six cents ($7,591.26) be appropriated to the FY2015-16 Grants Fund budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this reimbursement and to do all things necessary to give this resolution effect. Adopted this 15th day of October, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney ISSUE: Resolution to Accept and Appropriate Funding from the Virginia Department of Motor Vehicles BACKGROUND: The County has received a grant from the Virginia Department of Motor Vehicles (DMV) in the amount of $31,542. Grant funding will be used for training, equipment and salaries related to selective traffic enforcement. BUDGETARY IMPACT: The grant will increase the revenues of the FY16 Grants Fund budget by $31,542. The required $15,771 local match is provided for in the FY16 Grants Fund budget. RECOMMENDATION: Adopt a resolution to accept and appropriate grants funds. ATTACHMENTS: Resolution Award Letter from the Division of Motor Vehicles October 15, 2015 RESOLUTION TO ACCEPT AND APPROPRIATE FUNDING FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES WHEREAS, the County of Isle of Wight, Virginia has received a grant from The Commonwealth of Virginia Department of Motor Vehicles; and, WHEREAS, grant funds in the amount of thirty one thousand five hundred forty two dollars ($31,542.00) from The Commonwealth of Virginia Department of Motor Vehicles need to be appropriated to the FY2015-16 Grants Fund budget of the County of Isle of Wight. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that thirty one thousand five hundred forty two dollars ($31,542.00) be appropriated to the FY2015-16 Grants Fund budget of the County of Isle of Wight. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is authorized to make the appropriate accounting adjustments in the budget for this reimbursement and to do all things necessary to give this resolution effect. Adopted this 15th day of October, 2015. Rex W. Alphin, Chairman Carey Mills-Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SEVENTEENTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND FIFTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE PRESENT: Rex W. Alphin, Chairman Delores C. Darden, Vice-Chairman Rudolph Jefferson Alan E. Casteen Byron B. Bailey Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk At 5:00 p.m., Chairman Alphin called the meeting to order and County Attorney Popovich requested a closed meeting pursuant to Section 2.2- 3711(A)(1) of the Code of Virginia involving the appointment of specific appointees to County boards, committees or authorities as an item for discussion in closed meeting. Supervisor Jefferson moved that the Board enter the closed meeting for the stated reason. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that the following Resolution be adopted: CERTIFICATION OF CLOSED MEETING WHEREAS, the Board of Supervisors has convened a closed meeting on this 2 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: Alphin, Darden, Jefferson, Casteen and Bailey NAYS: 0 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. // At 6:00 p.m., the Board returned to open session and Supervisor Jefferson delivered the invocation and led the Pledge of Allegiance to the Flag. // Under Approval of the Agenda, Supervisor Darden requested that Item (A) under Old Business, the Petition for the Payment of Contributions to the Carrollton/Windsor Fire Departments, be moved to Special Presentations for 3 further discussion; that Item (A) under the Consent Agenda, Resolution to Accept and Appropriate Nike Park Trail Grant and Local Match Funds, be removed for further discussion; and, that an item be added under New Business regarding the funding for the gymnasium in the Town of Windsor. Supervisor Bailey moved that the agenda be adopted as amended. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // Under the Consent Agenda, Supervisor Darden moved that the following Consent Agenda be adopted with the removal of Item (A), Resolution to Accept and Appropriate Funds for the Nike Park Trail Construction Project: A. Resolution to Accept and Appropriate Funds for the Nike Park Trail Construction Project B. Resolution to Accept and Appropriate a Local Government Challenge Grant Award from the Virginia Commission for the Arts C. Resolution to Authorize a Transfer from the General Fund to Close out the Section 8 Fund D. Motion - Clarification of Motion to Approve a Conditional Use Permit to Allow for a Utility Service, Major (Solar Farm), and Request to Remove the Associated Parcels from the Longview Agricultural and Forestal District E. August 27, 2015 Regular Meeting Minutes The motion was adopted by a vote of (5-0) with Supervisors Alphin, Darden, Jefferson, Casteen and Bailey voting in favor of the motion and no Supervisors voting against the motion. 4 Responsive to Supervisor Darden’s request for clarification on Item (A), Resolution to Accept and Appropriate Funds for the Nike Park Trail Construction Project, specifically with respect to the local match funding, Jamie Oliver, Transportation Planner, advised that staff had placed a revised resolution at the Board’s station which correctly reflects Federal and State allocations. She explained that the 2013 and 2016 grants which had been accepted by the Board had not appropriated. She further went on to explain that the total grant amount is $4.1 million, of which the County’s match is $1.9 million, for a total of $6.1 million. She advised staff’s recommendation is to accept and appropriate the total amount awarded by the State and, should the project funds not be utilized, they could be appropriated at a later point in time to a different project. Supervisor Darden moved that the following amended resolution accepting and appropriating funds for the Nike Park Trail Construction Project be adopted: RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR THE NIKE PARK TRAIL CONSTRUCTION PROJECT WHEREAS, Isle of Wight County, Virginia, is managing the Nike Park (Park-to-Park) Trail as a Locally Administered Project and anticipates notice to proceed to construction advertisement within Fiscal Year 2016; and, WHEREAS, Isle of Wight County, Virginia has received an FY13 grant award in the amount of $860,463 from the Virginia Department of Transportation (VDOT) for the Nike Park Trail construction project; and, WHEREAS, Isle of Wight County, Virginia has received an FY16 grant award in the amount of $1,771,746 from the Virginia Department of Transportation (VDOT) for the Nike Park Trail construction project; and, WHEREAS, said grant funds need to be accepted from the Virginia Department of Transportation and appropriated to the Project; and, 5 WHEREAS, the local matching fund requirement for the project is currently estimated at $1,507,148 and is available in the Capital Project Assigned Fund Balance. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia accepts grant funds in the amount of $2,632,209 or as much as shall be received from the Virginia Department of Transportation and appropriates said grant funds to the Nike Park Trail Construction Project. BE IT FURTHER RESOLVED that the Board of Supervisors appropriates funds in the amount of $1,570,148 from the Capital Projects Assigned Fund Balance to the Nike Park Trail Construction Project. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia be hereby authorized to make the appropriate accounting adjustments in the budget, execute required project agreements, and do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // Under Regional Reports, Supervisor Darden reported that she had attended the renovation celebration of the Mary Wells Senior Center at Nike Park. She commended staff on a job well done. Supervisor Jefferson reported that the Western Tidewater Regional Jail Superintendent was recently evaluated for his performance and rated as outstanding. He advised that the Jail continues to be managed properly; is at 60% of total bed capacity and houses 66 County inmates. He further advised that the Federal inmate population is increasing which will result in additional revenue for the Jail. He noted 7.55% of the Jail’s allocated budget has been spent since July 31st and maintains a balance of $2,276,367. He advised that 10% of Jail employees reside in the County which has utilized 6 inmates for a total of 385 hours. Noting that the City of Suffolk has utilized inmates for 867 hours, he suggested staff make contact with the School Division to inquire if inmates can be utilized in that organization. County Administrator Seward offered to contact Jail Superintendent Thornton to inquire if inmates can be utilized in school facilities. Chairman Alphin reported that the Hampton Roads Transportation Accountability Commission is the funding mechanism for large transportation projects in the State and the County’s contributions at this time equal $2,663,976. He advised widening of 64 in the Peninsula; raising of the high-rise bridge; and, an increase in lanes on the segment of roadway from Bowers Hill to the high-rise bridge have been suggested as projects. He strongly encouraged the County becoming a larger player at the table. // Under Appointments, Supervisor Casteen moved that Carolyn A. Keen be reappointed to serve on the Historical Architectural Review Committee representing the Smithfield District. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that Grace Keen be reappointed to the Commission on Aging as the At-Large member. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. The Clerk of the Board was requested to advise the Board regarding a recommendation for the Carrsville seat. // Under Special Presentations, a PowerPoint presentation was provided by County Attorney Popovich outlining the timeline of events leading up to the submittal of a Petition for Payment of Contributions by the Carrollton and 7 Windsor Volunteer Fire Departments and the associated steps to move forward for resolution of this issue. He reported that an agreement has been reached on proposed language contained in a Facility Use Agreement between those two organizations and he reviewed the changes contained in the Agreement, noting approval is now required by the other five volunteer organizations who have already signed a Facility Use Agreement. Responsive to an advisement from Attorney Test that the Carrollton and Windsor Volunteer Fire Departments desire to withdraw their respective Petitions for Contributions, Supervisor Bailey moved that the Chairman be authorized to execute the revised Facilities Use Agreement with all departments. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Jeff Terwilliger, Chief of Emergency Services, advised the Board that he did not anticipate the volunteer organizations who have already signed a Facilities Use Agreement having a concern with signing the revised Facilities Use Agreement. County Attorney Popovich recommended that the Board adopt a resolution to appropriate certain funds from the unassigned fund balance to the Carrollton Volunteer Fire Department and the Windsor Volunteer Fire Department. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO RE-APPROPRIATE CERTAIN FUNDS FROM THE UNASSIGNED FUND BALANCE TO THE CARROLLTON VOLUNTEER FIRE DEPARTMENT AND THE WINDSOR VOLUNTEER FIRE DEPARTMENT WHEREAS, as previously directed by the Isle of Wight County Board of Supervisors, contribution funds from the FY2014-15 budget, originally appropriated for the Carrollton Volunteer Fire Department and the Windsor Volunteer Fire Department, were withheld pending agreement among the parties on a proposed Facility Use Agreement; and, 8 WHEREAS, the parties failed within said fiscal year to reach an agreement resulting in the unexpended funds reverting back to the Unassigned Fund Balance; and, WHEREAS, the parties have now reached a mutual agreement and have entered into a Facility Use Agreement; and, WHEREAS, as part of the resolution to this matter, the Board of Supervisors has agreed to re-appropriate the funds originally proposed to be provided the departments as contributions during said fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that a sum not to exceed Two Hundred Forty-Seven Thousand Two Hundred and Two Dollars and Twenty-Four Cents ($247,202.24) be re-appropriated from the Unassigned Fund Balance and immediately disbursed to the Carrollton Volunteer Fire Department; and, BE IT FURTHER RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that a sum not to exceed One Hundred Twenty-Two Thousand Nine Hundred and Eighteen Dollars ($122,918.00) be re- appropriated from the Unassigned Fund Balance and immediately disbursed to the Windsor Volunteer Fire Department; and, BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is hereby authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. County Attorney Popovich recommended that the Board adopt a resolution to appropriate certain funds from the unassigned fund balance to the Windsor Volunteer Fire Department. Supervisor Bailey moved that the following Resolution be adopted: 9 RESOLUTION TO APPROPRIATE CERTAIN FUNDS FROM THE UNASSIGNED FUND BALANCE TO THE WINDSOR VOLUNTEER FIRE DEPARTMENT WHEREAS, the Windsor Volunteer Fire Department has indicated that it had not requested sufficient funding for ground maintenance costs, as required by the proposed Facility Use Agreement, in the FY2015-16 budget request submittal; and, WHEREAS, as part of the resolution to this matter, the Board of Supervisors has agreed to appropriate an additional One Thousand Two Hundred Dollars ($1,200.000) to the Windsor Volunteer Fire Department as part of the County’s FY2015-16 contribution to cover such costs. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that a sum not to exceed One Thousand Two Hundred Dollars ($1,200.00) is hereby authorized and appropriated from the Unassigned Fund Balance to the Windsor Volunteer Fire Department for FY2015-16; and, BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight, Virginia is hereby authorized to make the appropriate accounting adjustment in the budget and to do all things necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that staff be directed to move forward with development of a funding agreement between the County and all of the Departments with a deadline of December 1, 2015. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 10 // Under Citizens’ Comments, Vicky Hulick of Smithfield advised that previous minutes incorrectly reflect her support for paid fire fighters; however, should reflect that she is in support of volunteers being paid. She spoke in support of additional schools being built in the Carrollton area. Debbie Bales Cratch of the Windsor District commented had the Board sat down with all the volunteer organizations and worked out an agreement, the events leading up to an acceptable Facilities Use Agreement would not have occurred. She stated more can be accomplished through a team effort than done separately. Dale Scott, member of the Windsor Volunteer Fire Department, noted his approval of an acceptable Facilities Use Agreement between the Board and the Windsor Volunteer Fire Department. He stated citizens have faithfully supported and provided encouragement to the Carrollton and Windsor Fire Departments over the last 16 months and those Departments’ love for their community is why they volunteer. He commented that mistakes have been made and trust lost, but citizens can now begin the process now of restoring trust in the County’s future leadership. Fred Mitchell, member of the Carrollton Volunteer Fire Department, echoed in favor the statements of Dale Scott and requested a moment of silence in honor of his brother, John Paul Memory, II, who gave his life in the line of duty on September 16, 2006. // Under Public Hearings, Chairman Alphin called for a public hearing on the following Ordinance amendment: Ordinance to Amend and Reenact Flood Insurance Rate Maps Effective December 2, 2015 and Acceptance of Updated Flood Insurance Study as part of the Isle of Wight County Code (Appendix B, Zoning, Section 6-4000, Floodplain Management Overlay (FPMO) District – Applicability) 11 Kim Hummel, Environmental Planner, utilized a PowerPoint presentation to illustrate technical amendments to the Floodplain Management Overlay District which are necessary in order for the County to participate in the National Flood Insurance Program. She advised that the Planning Commission had recommended approval to the Board by a vote of 8-0 and that staff is recommending approval as presented. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Ordinance. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Darden moved that the following Ordinance be adopted: An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting the Following Article of Appendix B, Zoning Ordinance: Article VI, Overlay Districts, Section 6-4000, Floodplain Management Overlay District WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinance that governs floodplain management in Isle of Wight County; and WHEREAS, the state Department of Conservation and Recreation’s floodplain management program has recommended the Isle of Wight County ordinance contain specific reference to the updated Flood Insurance Rate Maps and Flood Insurance Study dated December 2, 2015; and WHEREAS, Isle of Wight County wishes to continue its participation in the National Flood Insurance Program; and WHEREAS, the Isle of Wight County Board of Supervisors needs to maintain the local floodplain management program in conformity with state recommendations and requirements of the National Flood Insurance Program; 12 NOW, THEREFORE BE IT ORDAINED, by the Isle of Wight County Board of Supervisors that Appendix B, Zoning Ordinance, Article VI – Overlay Districts, Section 6-4000 – Floodplain Management Overlay District, requirements of the Isle of Wight County Code be amended and re- enacted as follows: Sec. 6-4000. - Floodplain Management overlay (FPMO) District.* * An ordinance adopted Sept. 17, 2015, amended and re-enacted § 6-4000, which consisted of § 6-4004, with a prior history of an ord. dated 8-21-14 and 7-7-05; and Ord. No. 2012-3-C, 2-16-12. Sec. 6-4001. - Purpose. This ordinance is adopted pursuant to the authority granted to localities by Virginia § 15.2-2280. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: A. Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies. B. Restricting or prohibiting certain uses, activities, and development from locating within districts subject to flooding. C. Requiring all those uses, activities, and developments that do occur in floodprone districts to be protected and/or floodproofed against flooding and flood damage. Furthermore, it is the intent of these regulations to ensure that all property owners within the county are eligible for participation in the National Flood Insurance Program and able to secure such insurance at nominal rates. (8-21- 14.) Sec. 6-4002. - Designation of the floodplain administrator. 13 The zoning administrator is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator. (8-21-14.) Sec. 6-4003. - Submitting technical data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flood conditions, risk premium rates and floodplain management requirements will be based upon current data. (8-21-14.) Sec. 6-4004. - Applicability. A. The provisions of this article shall apply to the following areas: 1. Areas designated as being within the 100-year floodplain by the flood insurance study (FIS) prepared by the Federal Emergency Management Agency and as delineated on the flood insurance rate map (FIRM) for Isle of Wight County dated December 2, 2015, and any subsequent revisions or amendments thereto. A copy of the FIS and FIRM shall be filed in the department of planning and zoning and are hereby made part of this article. The floodplain management district (as identified in the FIS) is comprised of five (5) subdistricts: the floodway district, the floodfringe district, the approximated floodplain district, the coastal A zone, and the coastal high hazard floodplain district. The description of these districts and corresponding zones are identified in the aforementioned FIS report. (9-17-15). 2. The flood insurance rate map panels specifically referenced by this ordinance and dated to take effect on December 2, 2015 include the following: 51093C0018E, 51093C0050E, 51093C0054E, 51093C0056E, 51093C0058E, 51093C0065E, 51093C0066E, 51093C0067E, 51093C0070E, 51093C0086E, 51093C0088E, 51093C0089E, 51093C0093E, 51093C00115E, 51093C00120E, 14 51093C00125E, 51093C00135E, 51093C00150E, 51093C00151E, 51093C00152E, 51093C00153E, 51093C00154E, 51093C00156E, 51093C00157E, 51093C00158E, 51093C00159E, 51093C00165E, 51093C00166E, 51093C00167E, 51093C00168E, 51093C00178E, 51093C00186E, 51093C00220E, 51093C00230E, 51093C00240E, 51093C00250E, 51093C00255E, 51093C00265E, 51093C00275E, 51093C00300E, 51093C00310E, 51093C00320E and 51093C00350E. (9-17-15). 3. Such other areas as may be determined by the zoning administrator to be essential to the alleviation of potential flood damage caused by the 100-year flood. Such determination shall be based on drainage and hydrology studies and amendment or revision of the FIRM shall be requested by the county. B. The floodplain management (FPM) district is an overlay to the existing underlying zoning district. Therefore, the uses, densities, lot configurations, setback requirements, height restrictions and accessory uses shall be determined by the underlying zoning district except as such regulations may be modified by application of the regulations in the FPM district. Where these regulations are at variance with other codes, ordinances and regulations, the most restrictive regulation shall apply. C. The delineation of the floodplain management district may be revised by Isle of Wight County where natural or manmade changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration. D. Initial interpretations of the boundaries of the floodplain management district shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires. (8-21-14.) 15 Sec. 6-4005. - Compliance and liability. A. No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged or structurally altered within the floodplain management district except in full compliance with the terms and provisions of this section. B. The degree of flood protection sought by the provisions of this ordinance is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. This ordinance does not imply that areas and land uses outside the floodplain management district will be free from flooding or flood damages which may be caused by larger floods or increased flood heights. C. This article shall not create liability on the part of Isle of Wight County or any officer or employee thereof, for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. D. Records of actions associated with administering this ordinance shall be kept on file and maintained by the floodplain administrator. (8-21-14.) Sec. 6-4006. - Abrogation and greater restrictions. This ordinance supersedes any ordinance currently in effect in flood- prone districts. Any ordinance, however, shall remain in full force and effect to the extent that its provisions are more restrictive. (8-21-14.) Sec. 6-4007. - Severability. If any section, subsection, paragraph, sentence, clause or phrase of this article shall be declared invalid for any reason, such decision shall not affect the remaining portions of this article. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this article are hereby declared to be severable. (8-21-14.) Sec. 6-4008. - Penalty for violation. Any person who fails to comply with any of the requirements or provisions of this article or directions of the floodplain administrator or any authorized employee of Isle of Wight County shall be guilty of the appropriate violation and subject to the penalties therefore. 16 The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the zoning ordinance of Isle of Wight County are addressed in section 1- 1013 of the zoning ordinance. In addition to the penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated m noncompliance with this article may be declared by Isle of Wight County to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article. (8-21-14.) Sec. 6-4009. - Permit required. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this ordinance and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the Isle of Wight County Subdivision Ordinance. Prior to the issuance of any such permit, the floodplain administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances hall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system. (8-21-14.) Sec. 6-4010. - Use regulations. Permitted uses, special permit uses, accessory uses, dimensional standards, and special requirements shall be as established by the underlying zoning district, except as specifically modified herein. 17 A. The following uses shall be specifically prohibited within the floodplain management district: 1. Landfills, junkyards, outdoor storage of inoperative vehicles; 2. Surface mines/borrow pits; 3. Manufacture, bulk storage, transformation or distribution of petroleum, chemical or asphalt products or any hazardous materials as defined in either or both of the following: a. Superfund Amendment and Reauthorization Act of 1986. b. Identification and Listing of Hazardous Wastes, 40 C.F.R. (Code of Federal Regulations) Section 261 (1987). c. The following products shall be specifically included: i. Oil and oil products including petrochemicals; ii. Radioactive materials; iii. Any materials transported or stored in large commercial quantities (such as fifty-five-gallon drums) which is a very soluble acid or base, causes abnormal growth of an organ or organism, or is highly biodegradable, exerting a strong oxygen demand; iv. Biologically accumulative poisons; v. Substances containing the active ingredients or economic poisons that are or were ever registered in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodeticide Act, as amended (7 USC 135 et seq.); vi. Substances highly lethal to mammalian or aquatic life; 4. Storage or land application of industrial wastes; 5. Outdoor storage of equipment, materials, or supplies which are buoyant, flammable, or explosive; 6. Swimming pools or any other habitable use when the area beneath the elevated building is enclosed with walls of any type such as solid nonbreakaway, solid breakaway, or lattice-screen, or when 18 the area beneath the elevated building is not enclosed and a swimming pool or any other obstruction is above natural grade; or 7. Commercial feedlots, as described in section 3-2000. B. The following activities may occur below the level of the 100-year flood elevation if administered in accordance with section 6-4013 of this article: 1. Nonstructural agricultural activities providing that any storage or stockpiling of manure shall be elevated to a level no less than two (2) feet above the elevation of the 100-year flood. 2. Outdoor recreational uses including park areas, golf courses, tennis courts, and basketball courts. 3. Swimming pools or any other nonhabitable use located below elevated buildings when the area beneath the elevated building is not enclosed and the pool or other potential obstruction is flush with the natural grade provided that a licensed surveyor or engineer certifies that the swimming pool or other potential obstruction will not be subject to breaking up or floating out of ground and affecting the piles or columns of the elevated building. Furthermore, the swimming pool shall meet the same anchoring requirements as the support system of the elevated building and the area beneath the elevated building shall never be enclosed with walls or any type. 4. Functionally dependent uses such as docks, piers and wharves. 5. Access roads and parking areas for [subsections] 1. through 4. above. C. In addition to the prohibited uses in subsection 6-4010.A., the following restrictions shall apply to areas in the floodway: 1. No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted in the floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in the 100-year flood elevation. 19 2. Existing nonconforming structures within the floodway may not be expanded; however, they may be repaired, altered or modified to incorporate floodproofing measures, provided such measures do not raise the level of the 100-year flood. (8-21-14.) Sec. 6-4011. - General provisions. A. No construction or improvement within the floodplain management district shall obstruct or unduly restrict any channel, whether or not such channel lies within a designated floodway. B. Watercourses shall not be altered or relocated except upon the presentation of data, certified by a licensed engineer, that the flood- carrying capacity of such a modified watercourse will be at least equal to that prior to modification. Evidence of all necessary permits or approvals for the Federal Insurance Administrator, the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission, and the Virginia Department Environmental Quality shall be required prior to such modification. C. The floodplain administrator shall notify adjacent localities of watercourse alterations or relocations. D. Adequate drainage shall be provided to reduce exposure to flood hazards. All storm drainage facilities shall be designed to convey the flow of surface waters away from buildings and on-site waste disposal sites and prevent the discharge of excess runoff onto adjacent properties in order to avoid damage to persons or property. (8-21-14.) Sec. 6-4012. - Special standards and requirements. A. Standards for subdivision plats and site plans. ..... Preliminary plans, development plans and final subdivision plats of all properties, all or part of which are located within any floodplain management district, must be prepared and sealed by a licensed surveyor or engineer. All proposals shall be consistent with the need to minimize flood damage. The following information, in addition to that which would otherwise be required, shall be provided on the respective plan. 20 1. The 100-year flood boundary, as depicted on the FIRM and the flood hazard zone classification(s) shall be depicted on preliminary plans, development plans, and final plats. 2. Development plans shall provide topographical information for the site at a maximum contour interval of two (2) feet, provided however that a one-foot contour interval for one (1) foot lesser and one (1) foot greater than the 100-year flood boundary shall be shown. 3. The elevation of the finished surface of the ground at each comer of each existing building located within any flood hazard zone shall be shown on development plans and final plats. 4. The elevation of the lowest floor including basement shall be shown on development plans for new construction or final plats of property with existing structures. 5. For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed and certified floodproofed. 6. In "VE" zones, the elevation (in N.G.V.D.) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings or columns). 7. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. 8. Base flood elevation data obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in the flood insurance study for subdivision developments and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser, shall be shown. B. Standards for utilities. ..... All new or replacement utilities, water filtration, and wastewater treatment facilities, installed in the floodplain management district shall be designed to prevent the infiltration of floodwaters into or discharge from said utilities and constructed to minimize the potential for flood damage. Where private waste disposal systems are to be installed or replaced, they shall be installed so that they will not be permanently contaminated or impaired by a base flood. 21 C. Standards for streets and roads. ..... Streets and sidewalks should be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood height. D. Standards for filling of floodplain areas. 1. Where fill within the floodplain management district is proposed, the following minimum standards shall apply: a. Prior to any fill, the floodway must be determined and no fill shall cause the adjacent base flood elevation to increase more than one (1) foot. b. Fill areas shall extend laterally a minimum of fifteen (15) feet beyond building lines from all points. c. Fill material shall consist only of soil and small rock materials (must pass through a three-inch opening ASTM standard sieve). Organic materials, such as tree stumps, asphalt, and rubble, shall be prohibited. d. Fill areas shall be graded to a finished slope of no steeper than one (1) vertical to three (3) horizontal, unless substantiated data, certified by a licensed engineer, which justifies steeper slopes, is submitted to and approved by the zoning administrator. e. The zoning administrator shall impose any additional standards deemed necessary to ensure the safety of the community and properties from additional flood hazard potentials caused by filling within the floodplain management district. 2. Filling or any other encroachment into a regulatory or other designated floodway which, as determined by the zoning administrator, in any way impairs its flood conveyance shall be prohibited. 3. Filling or any other encroachment into any channel within the floodplain management district which would, as determined by the zoning administrator, obstruct or unduly restrict water flows through said channel and, in so doing, increase the potential for flood damage, shall be prohibited whether or not such channel lies within the regulatory or other designated floodway. 22 4. The filling of any portion of property solely to increase the elevation of the land to meet minimum lot area requirements and thereby create a buildable lot for residential construction within the floodplain management district shall be prohibited. 5. These standards may be individually waived by the zoning administrator, upon the recommendation of the Isle of Wight County Wetlands Board for approved parks, recreation facilities, shoreline erosion control and beach maintenance projects where sufficient data is presented justifying the project and where it is demonstrated that such actions will not increase flood levels on any properties. E. Construction standards for properties in zone A. 1. All new construction and substantial improvements in zone A must comply with all standards applicable to zone AE contained in this section and the floodplain construction provisions of the Virginia Uniform Statewide Building Code. In addition, the owner and/or developer of such property shall provide to the zoning administrator sufficiently detailed hydrologic and hydraulic analyses, certified by a licensed engineer, to determine state and other acceptable sources. F. Construction standards for properties in zone AE. ..... All new construction and substantial improvements in the floodplain management district shall occur in accordance with the applicable floodplain construction provisions for zone AE contained in the Virginia Uniform Statewide Building Code. The zoning administrator shall satisfy himself that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. In addition, the following standards shall apply: 1. All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least one and one-half (1½) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the components during conditions of flooding. 2. All electrical distribution panels shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent inundation. 23 3. In all cases, elevation of the lowest floor of the structure, including basements, to at least one and one-half (1½) feet above the base flood elevation or, in the case of nonresidential structures, floodproofing to at least that level. All new and substantially improved structures shall be constructed according to the VA USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. The lowest floor elevation of any new residential structure, including basements, constructed within a floodplain area shall be at least one and one-half (1½) feet above based flood elevation. The lowest floor elevation of any new nonresidential structure constructed within a floodplain area shall be at least one (1) foot above base flood elevation, unless such structure is floodproofed. In addition, no existing structure shall be modified, expanded or enlarged unless the new construction complies with this standard. 4. Manufactured homes that are placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home elevated a least one and one-half (1½) feet base flood level and be securely anchored to an adequately anchored foundation system to resist floatation, collapse and lateral movement. 5. Recreational vehicles placed on sites shall either: a. Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and has no permanently attached additions; or meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes in subsection FA. of this section. 6. New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. 7. New construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. 8. New development shall not be permitted unless it is demonstrated that the cumulative effect of all past and projected development will not increase the base flood elevation by more than one (1) foot. 24 9. For floodproofed non-residential structures, a licensed professional engineer or architect must certify the structure has been floodproofed. 10. Where base flood elevation data has been utilized and obtained, as required by this ordinance, the floodplain administrator shall obtain, record, and maintain the actual finished construction elevations of the lowest floor and floodproofing elevations. This information shall be recorded on a current FEMA Elevation Certificate signed and sealed by a professional licensed land surveyor. 11. Fully enclosed areas of new construction or substantially improved structures, which are below regulatory flood protection elevation shall: a. Not be designed or used for human habitation, but shall only be used for parking of vehicles, building access or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator); b. Be constructed entirely of flood-resistant materials below the regulatory floor protection elevation; c. Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria: i. Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding. ii. The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding. iii. If a building has more than one (1) enclosed area, each area must have openings to allow floodwater to automatically enter and exit. 25 iv. The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade. v. Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions. vi. Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above. G. Construction standards for properties in coastal A zones. ..... All new construction and substantial improvements in coastal A zones of the floodplain management area shall comply with the provisions of the AE zone as set forth in Section 6-4012.F. H. Construction standards for properties in coastal high hazard area. ..... All new construction and substantial improvements in the V-zones of the floodplain management area shall occur in accordance with the applicable floodplain construction provisions contained in the Virginia Uniform Statewide Building Code. The zoning administrator shall satisfy himself that all applicable provisions have been complied with prior to issuing building permits or temporary or permanent certificates of occupancy. In addition, the following standards shall apply: 1. All new construction shall be located landward of the reach of mean high tide. 2. There shall be no fill used as structural support. 3. There shall be no alteration of sand dunes, watercourses or banks, which would increase potential flood damage. 4. Within V-zones on the flood insurance rate map, obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures. 5. All new construction and substantial improvements elevated on pilings and columns must have the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or 26 columns) elevated at least one and one-half (1½) feet above the base flood level and the pile or column foundation and structure attached thereto must be anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water-loading values used shall be those associated with the base flood. Wind-loading values used shall be those required by applicable state or local building standards. A registered professional engineer or architect shall develop or review the structural design and methods of construction and shall certify that design and methods of construction to be used are in accordance with accepted standards. 6. Provide that all new construction and substantial improvements, within zones VE, V1-30 and V on the community's FIRM, have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe-loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water-loading values used shall be those associated with the base flood. b. Wind-loading values used shall be those required by applicable state or local building standards. Such enclosed space shall be usable solely for parking of vehicles, building access or storage. 27 7. All recreational vehicles placed in V-zones shall be: a. On site for fewer than one hundred eighty (180) consecutive days; and b. Be fully licensed and ready for highway use; or c. Meet the same standards as for conventional housing in V-zones. 8. All new and replacement electrical equipment, and heating, ventilating, air conditioning and other service facilities shall be installed at least three (3) feet above the base flood elevation or otherwise designed and located so as to prevent water from entering or accumulating within the system. 9. All electrical distribution panels shall be installed at least three (3) feet above the base flood elevation or otherwise located so as to prevent inundation. 10. In all cases, elevation of the lowest horizontal structural member of the lowest floor of the structure, excluding pilings or columns, to at least one and one-half (1½) feet above the base flood elevation and may result in a reduction of flood insurance premiums. 11. Manufactured homes that are placed or substantially improved on sites shall meet the same standards as conventional housing in V-zones. (8- 21-14.) Sec. 6-4013. - Variances. A. In acting upon application for variances from the provisions of this article, in addition to the requirements elsewhere set forth in this ordinance, the board of zoning appeals shall consider the following additional factors: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the 100-year flood elevation; 2. The danger that materials may be swept on to other lands or downstream to the injury of others; 28 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; 5. The importance of the services provided by the proposed facility to the community; 6. The requirements of the facility for a waterfront location; 7. The availability of alternative locations not subject to flooding for the proposed use; 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; 9. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area; 10. The safety of access by ordinary and emergency vehicles to the property in time of flood; 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; 12. The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structures continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; 13. Such other factors which are relevant to the purpose of this ordinance. B. The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters, at the expense of the applicant. C. Variances shall be issued only after the board of zoning appeals has determined that the granting of such will not result in: 1. Prohibited increases in the height of the floodway; 29 2. Additional threats to public safety; 3. Extraordinary public expense and will not create nuisances; 4. Cause fraud or victimization of the public; or 5. Conflict with local laws or ordinances. Variances shall be issued only after the board of zoning appeals has determined that variance will be the minimum required to provide relief from an undue hardship to the applicant. The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the 100- year flood elevation (a) increases the risks to life and property and (b) will result in increased premium rates for flood insurance. A record shall be maintained of the above notification as well as, all variance actions, including justification for the issuance of the variances. Any variances which are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator. (8-21-14.) Sec. 6-4014. - Existing structures in floodplain management district. A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions: A. Existing structures in the floodway shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed expansion would not result in any increase in the 100-year flood elevation. B. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain area to an extent or amount of less than fifty (50) percent of its market value shall conform to the Virginia Uniform Statewide Building Code. C. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this 30 ordinance and shall require the entire structure to conform to the Virginia Uniform Statewide Building Code. (8-21-14.) The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: Ordinance to Amend and Reenact the Isle of Wight County Code (Appendix B, Zoning, Article III, Use Types, Article IV, Zoning Districts and Boundaries, Article V Supplementary Use Regulations) to allow for changes to Agricultural Use Types, Expand Uses in the Rural Agricultural Conservation (RAC) Zoning District and Allow for One “By-Right” Division of Land Around an Existing Residence in the RAC, and to Add an “Agritourism” Section and Supplementary Use Regulations Beverly H. Walkup, Director of Planning and Zoning, utilized a PowerPoint presentation to outline proposed amendments to the Ordinance. She advised that the Planning Commission had recommended approval of the amendments by a vote of (8-0) and by staff as presented. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Ordinance amendments. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Jefferson moved that the following Ordinance be adopted as presented: An ordinance to amend and reenact the following sections of the Isle of Wight County Code, Appendix B, Zoning: Article III, Use Types, Article IV, Zoning Districts and Boundaries, Article V Supplementary 31 Use Regulations; in order to make changes to the agricultural use types, expand the uses allowed in the Rural Agricultural Conservation (RAC) zoning district and allow for one “by-right” division of land around an existing residence in the RAC, to add an “Agritourism” section, and to add supplementary use regulations. WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has the legislative authority to make reasonable changes to the ordinances that govern the orderly growth and development of Isle of Wight County; and WHEREAS, the Isle of Wight County Board of Supervisors is also concerned about the compatibility of uses on public and private lands within Isle of Wight County and seeks to allow flexibility in the administration of the ordinance regulations while protecting the health, safety, and general welfare of present and future residents and businesses of the County. NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Appendix B, Zoning, Article III, Use Types, Section 3-2000. Agricultural Use Types; Article IV Zoning Districts and Boundaries, Part 2. Rural Agricultural Conservation (RAC) District and Part 2A. Agritourism, and Article V, Supplementary Use Regulations, Section 5-1000. General Description thru Section 5-5001. Supplementary Use Regulations for Agricultural Use Types of the Isle of Wight County Code be amended and reenacted as follows: Sec. 3-2000. - Agricultural use types. Agricultural crop service tower and antenna.\ A structure on which an antenna or dish is installed as part of an agricultural operation. Agricultural farm equipment sales and service.\ The sale or rental of new and/or used farm, forestry, and construction equipment, displayed and sold on the premises. This definition also includes repair and service of such equipment. 32 Agricultural farm product processing, warehousing and distribution service.\ Facility where farm products are brought in from other farms not owned by the facility owner or operator where the products are kept for storage, processing and/or distribution, including refrigerated warehousing. This definition shall include cotton gins, peanut buying stations, granaries, and soybean buying stations, but shall not include the storage and/or processing or distribution of livestock. Agricultural feed seed and farm supply service.\ An establishment where feed, seed, animal and agricultural supplies are primarily sold in bulk quantities. Agricultural service/agent.\ An establishment primarily engaged in providing services specifically to the agricultural community which is not directly associated with a farm operation. Included in this use type would be servicing of agricultural equipment, independent equipment operators, and other related agricultural services. Agriculture.\ The use of land for the production of food and fiber, including horticulture, hydroponics, truck gardens, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy farms, and the use of heavy cultivating machinery, and irrigation machinery. This definition shall also include the following uses as accessory uses: grain dryers and related structures, the storage of fertilizer, the storage of petroleum, agricultural service towers and antennas, and the repair of personal farming equipment. Agritourism: Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest-your-own activities, or natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. (See Article IV, (Zoning District and Boundaries), Part 2A. (Agritourism), Section 2A003. (Agritourism Activities) for a list of permitted activities.) Aquaculture.\ Land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish and aquatic plants for sale. 33 Aquaculture, waterfront business.\ Commercial waterfront activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish and aquatic plants for sale. This use shall also include a commercial fishing pier open to the general public. Commercial feedlot.\ A lot, yard, structure, corral or other area subject to any applicable regulations administered and enforced by the Virginia Department of Environmental Quality in which livestock is confined, primarily for the purpose of feeding, growing, raising, holding, and birthing, prior to slaughter or sale. Included in this description are commercial feedlots, commercial poultry houses, and other similar intensive livestock operations. Fair, agricultural.\ Public event usually outside where agricultural goods, exhibits, and farm animals are shown and sold, and where there is often food and entertainment. Farm employee housing.\ A manufactured home, Class A or B, as defined under residential use types, located on a farm for the purpose of housing an employee of that farm operation and his/her family. Also included in this use type would be multifamily dwelling(s) for seasonal employees in connection with an agricultural use, which relies on seasonal employees who must be housed. Farmer's market.\ A market held in a structure or open area for the sale of seasonal produce such as meat, fish, fruits, vegetables, flowers and plants. Forestry operation, silvicultural and/or timbering.\ The development or maintenance of a forest or woodland area under a forest management plan. Included are establishments in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products, or other silvicultural activities, as defined in Article 10.1, Section 1181.1 of the Code of Virginia. Greenhouse, commercial.\ See "garden center" listed under commercial use types. Greenhouse, private.\ The growing and storage of garden plants, shrubs, trees, flowers, vegetables, and other horticultural and floricultural products 34 within a building whose roof and sides are made of glass or other transparent or translucent material. Items grown are used and/or consumed by the occupants of the premises. Livestock auction market.\ A commercial establishment wherein livestock is collected for sale and auction. Reptile breeding.\ Activities devoted to breeding a wide variety of reptiles, including turtles, snakes and lizards to pet or commercial markets. Roadside stand.\ See "wayside stand." Sawmill.\ A facility used on a temporary or permanent basis where logs or partially processed cants are sawn, split, shaved, stripped, chipped or otherwise processed to produce wood products. Stable, commercial.\ The boarding, breeding or raising of horses or ponies not owned by the owner or occupant of the property or riding of horses by other than the owner or occupant of the property and their non- paying guests. Included in this definition are riding academies. A stable/tack shop is also included in this use type as an accessory use. Stable, private.\ The keeping, breeding or raising of horses or ponies exclusively for the personal use and enjoyment of the owner or occupant of the property or the riding of horses or ponies by the owner or occupant of the property and their guests. Viticulture.\ The cultivation and study of grapes and grapevines. Wayside stand.\ A structure erected on the occupant's property used for the sale of agricultural or horticultural produce, livestock or merchandise produced on the farm by the owner or his family. (7-7-05; Ord. No. 2011-11- C, 7-7-11.) Part 2. Rural Agricultural Conservation (RAC) District 35 Part 2. Rural Agricultural Conservation (RAC) District. Sec. 4-2001. General description. This district is intended to preserve and protect areas of Isle of Wight County that are presently, predominantly in agricultural use and maintain the land base necessary to support agricultural activity. This district is designed to protect the agricultural industry from sprawling residential development that displaces substantial areas of agricultural land for a small number of dwelling units. Nonfarm residents should recognize that they are located in a rural agricultural environment where the right to farm has been established as county policy. (7-7-05; 11-15-07.) Sec. 4-2002. Permitted uses. The following uses are permitted by right subject to all other applicable requirements contained in this ordinance. An asterisk (*) indicates additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural crop service towers and antennas Agricultural, farm or ranch (See Part 2A, Agritourism) Agricultural farm product processing, warehousing and distribution service Agricultural farm stay (See Part 2A, Agritourism) Agricultural service/agent Agricultural museum (See Part 2A, Agritourism) Agricultural service operation (See Part 2A, Agritourism) Agriculture Agritourism (See Part 2A, Agritourism) Aquaculture (See Part A, Agritourism) 36 Cider Mill (See Part 2A, Agritourism) * Commercial feedlot Dairy (See Part 2A, Agritourism) Fair, agricultural *Farm brewery (See Part 2A, Agritourism) Farm winery (See Part 2A, Agritourism) Farm, temporary event in agricultural structure (See Part 2A, Agritourism) Farmer's market * Forestry operation, silvicultural and/or timbering *Greenhouse, commercial and/or nursery Greenhouse, private Lawn and garden services * Livestock auction market * Sawmill * Stable, commercial • In conjunction with residence • Not in conjunction with a residence * Stable, private * Wayside stand B. Residential uses: * Accessory apartment * Boathouse • Residential accessory apartment Dwelling, single-family 37 Dwelling, single-family, farm * Family day care home Group home * Guest house * Home occupation, Type I * Home occupation, Type II * Kennel, private * Manufactured home, Class A * Manufactured home, Class B * Manufactured home, family member residence * Manufactured home, temporary residence * Temporary emergency housing C. Civic uses: * Cemetery • Private park and ride facility Post office Public safety service * Utility service/minor D. Commercial uses: * Construction office, temporary * Taxidermy Veterinary hospital/clinic E. Miscellaneous uses: * Amateur radio tower 38 Hunt club * Turkey shoot (7-7-05; 11-15-07; Ord. No. 2011-11-C, 7-7-11; 7-17-14.) Sec. 4-2003. Conditional uses. The following uses are allowed only by conditional use permit pursuant to section 1-1017, conditional uses. An asterisk (*) indicating additional, modified or more stringent standards which are listed in section 5-5000, supplementary use regulations, for those specific uses. A. Agricultural uses: Agricultural farm equipment sales and service Agricultural feed seed and farm supply service Aquaculture waterfront business * Farm employee housing *Reptile breeding B. Residential uses: * Dwelling, two-family * Dwelling, multifamily conversion C. Civic uses: * Administrative service * Adult care center Assisted living facility * Cemetery • Animal • Church 39 • Public * Child care institution * Child care center Club * Community center Correctional facility Crisis center Cultural service Educational facility, college/university * Educational facility, primary/secondary Halfway house *Nursing home Public assembly * Public maintenance and service facility * Public park and recreational area * Religious assembly * Transit station * Utility service/major D. Office uses: Medical office E. Commercial uses: * Agricultural service • Commercial assembly and repair • Farm and forestry implement storage, sales, and service 40 Auction establishment * Antique shop * Bed and breakfast Business or trade school * Campground * Campground, workforce * Commercial equipment repair, accessory to dwelling * Commercial indoor sports and recreation * Commercial outdoor entertainment/sports and recreation * Commercial outdoor swimming pool and tennis facility * Contractor office and storage facility * Crematorium Equipment sales and rental * Garden center General store, country * Golf course * Golf driving range * Kennel, commercial Lawn and garden services * Marina F. Industrial uses: * Abattoir or livestock processing * Construction yard Convenience center 41 Custom manufacturing Industry, Type I * Landfill, industrial * Landfill, rubble * Landfill, sanitary * Recycling center * Resource extraction * Scrap and salvage service Transfer station Warehousing and distribution G. Miscellaneous uses: * Aviation facility, commercial * Aviation facility, general * Aviation facility, private * Communication tower Composting system, confined vegetative waste or yard * Reconstructed wetland * Shooting range, outdoor (7-7-05; 11-15-07; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-1-C, 4- 18-13; 7-17-14.) Sec. 4-2004. Required zoning. All proposed residential subdivisions on properties zoned RAC, other than those expressly exempted in the Isle of Wight County Subdivision Ordinance, shall require rezoning to one (1) of the following zoning 42 classifications prior to final approval of the subdivision plat by the subdivision agent: Rural Residential (RR), Suburban Estate (SE), Suburban Residential (SR), Urban Residential (UR), Village Center (VC), Planned Development Residential (PD-R), Planned Development Manufactured Home (PD-MH), Planned Development Mixed Use (PD-MX). A. A single tract of land may be permitted one “by-right” division of land around an existing residence without rezoning, provided that the minimum lot size and setback requirements are met for the newly created lot, the residual tract meets all minimum lot size requirements, and all applicable provisions of the Subdivision Ordinance are met. B. Clustering/sliding scale "by-right" provisions for single-family residential development in the Rural Agricultural Conservation District as designated in the Isle of Wight County comprehensive plan: 1. Under the sliding scale development provision, a tract of land containing one hundred (100) contiguous acres or greater zoned Rural Agricultural Conservation will be allowed four (4) divisions. One (1) additional lot or dwelling unit will be permitted for every additional forty (40) acres encompassed by the overall tract. For example, a one hundred forty-acre tract will yield five (5) lots. Minimum permissible lot sizes shall be encouraged so as not to allow subdivision development which is land consumptive; however, each lot must meet the minimum lot requirements for the Rural Agricultural Conservation (RAC) District. 2. In addition to the base density permitted above, the minimum area, width and frontage of the underlying zoning district, and the following standards shall be met: • All residential lots created through the act of subdivision shall be contiguously grouped and served by one (1) point of access to county roads and shall comply with section 4-4-1 (streets) of the Isle of Wight County Subdivision Ordinance. • Residential structures in the subdivision shall be located at least one hundred (100) feet from the existing county road right-of-way 43 and screened from the right-of-way by an existing or planted landscaped buffer. • All residential structures should be set back at least one hundred (100) feet from all active farm operations. • A central water supply system shall be provided to serve the subdivisions with over fourteen (14) lots. • The maximum lot size for any new lot created shall be ten (10) acres, unless otherwise approved by the board of supervisors or required by the county health department. • Lots shall be located to preserve seventy (70) percent of the original tract size in order to maximize continued use of the residual parcel for agricultural and silvicultural purposes. • No lot shall be designed, approved or employed for the use in which an area more than thirty (30) percent of the prescribed minimum lot area is comprised of one (1) or more of the environmentally sensitive areas referenced in the net developable calculations of the zoning ordinance. This shall not apply to lots specifically created exclusively to preserve and maintain environmentally sensitive areas. • All areas not included in lots or public street rights-of-way shall be incorporated into common open space and may be used for natural or landscaped buffers; agricultural uses including farmland and pasture not generating noxious odors such as land application of sewage sludge, hog or poultry farms or similar uses; horticulture; recreational use; historic preservation; forests; wildlife reservations and conservation areas; private stables for personal enjoyment; or other similar use. • The common open space shall be arranged and designed so as to facilitate its use, ensure continuity of design, and preserve sensitive environmental features. Failure to achieve these goals shall be sufficient reason for the agent to deny applications for open space development plan approved or required modifications that may include loss of lots. 44 • Recreational areas shall not abut the exterior boundary of the open space development unless entirely adjacent to a publicly owned facility or community recreation facility of an adjoining residential development. • Adequate pedestrian and bicycle facilities shall be provided which fully interconnect the development and its recreation areas both internally and with existing, planned or desirable external pedestrian and bicycle facilities. • Full plats recorded and all deeds for lots within the cluster development shall bear a statement indicating that the land is within an approved residential cluster subdivision and shall also bear a statement indicating the ownership status of the development's open space system and shall reference the covenants creating a property owners' association which shall also be recorded at the time final plats are put to record. • With approval of the planning commission, common open space within a cluster subdivision may be held by other than a property owners' association for agricultural uses including farmland, pasture, horticulture, recreational use, historic preservation, forests, wildlife reservations and conservation areas or other similar use. • Family member subdivisions shall be prohibited. • Manufactured homes, Class A and B and residential accessory apartments require a conditional use permit. C. In determining the overall tract size provision, staff shall base the number of lots permitted on the following, listed in order from least to most binding: 1. On the parcel shown on the latest county tax maps with the acreage indicated in the real estate records of the commissioner of revenue's office, excluding street or road rights-of-way. 2. On documents of record in the office of the clerk of the court, which shall take precedence over the tax map information. 3. On a new or modern survey of the property by a licensed surveyor. (7-7-05; 11-15-07.) 45 Sec. 4-2005. Lot size requirements. A. Minimum lot area: Forty thousand (40,000) square feet. B. Minimum lot width (measured at the set back line): One hundred fifty (150) feet. C. Minimum lot frontage (measured at property front): One hundred twenty (120) feet. D. Minimum frontage on a cul-de-sac: Seventy-five (75) feet. (7-7-05; 11- 15-07.) Sec. 4-2006. Bulk regulations. A. Maximum building height: All buildings: Thirty-five (35) feet or three (3) stories, whichever is lesser. B. Minimum front yard setback: 1. Where right-of-way is > fifty (50) feet, the minimum front yard setback is sixty (60) feet from property line. 2. Where right-of-way is < fifty (50) feet, the minimum front yard setback is eighty-five (85) feet from center line of road. C. Minimum side yard setback: 1. Principle structures: Twenty-five (25) feet (one side); fifty (50) feet (both sides). 2. Accessory structures: Twenty-five (25) feet (see supplementary density and dimensional requirements, #1, accessory building requirements). D. Minimum rear yard setback: 1. Principle structures: Fifty (50) feet. 2. Accessory structures: Five (5) feet. (7-7-05; 11-15-07.) 46 Sec. 4-2007. Additional regulations. A. Refer to section 5-2000, for supplementary density and dimensional requirements, section 5-3000, for restrictions adjacent to airports, and section 5-4000 for standards for net developable requirements. B. Refer to article VI for regulations with the Historic Overlay (HO) District, Highway Corridor Overlay (HCO) District, Floodplain Management Overlay (FPMO) District, and the Newport Development Service Overlay (NDSO) District. C. Refer to article VII for general design guidelines and development review procedures. D. Refer to article VIII for landscaping and open space standards. E. Refer to article IX for sign standards. F. Refer to article X for vehicle parking facilities requirements. G. Refer to article XI for outdoor lighting requirements and restrictions. (7- 7-05; 11-15-07.) Part 2A. Agritourism. Sec. 4-2A001. General description. The intent of this section is to identify and encourage Agritourism as an economic development activity in the county based on the county's own historical, recreational and agricultural resources. Agritourism as permitted “by right” in the Rural Agricultural Conservation zoning district will serve to recognize and promote the entrepreneurship efforts of the local farm industry as a tourist attraction and will allow agriculturally-based properties to open their grounds to visitors interested in taking tours, making on-site product purchases and/or engaging in on-site activities. Sec. 4-2A002. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: 47 Agricultural, farm or ranch: Means one or more areas of land used for the production, cultivation, growing, harvesting or processing of agricultural products. Agricultural farm stay: Means visiting a farm at least overnight as a paying guest, providing some experience of rural life. Agricultural museum: An establishment operated as a repository or collection of curiosities or objects of agricultural interest or significance for public display. Agricultural products: Means any livestock, aquaculture, poultry, horticultural, floricultural, viticulture, silvicultural, or other farm crops. Agricultural service operation: An occupation in which skill and expertise in some agriculturally related field are applied to the service of others engaged in agriculture; provided that sales of goods shall be limited to those incidental to the performing of a service. Agriculturally related products: Means items sold on-site or at a Farmer’s Market to attract customers and promote the sale of agricultural products. Such items include, but are not limited to all agricultural and horticultural products, animal feed, baked goods, ice cream and ice cream based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in Virginia and value-added agricultural products and production on site. Agriculturally related uses: Means those on-site activities that predominantly use agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events, such as farming and food preserving classes. Agricultural tourism: Means the practice of visiting an agribusiness, horticultural, or agricultural activity, including, but not limited to, a farm, orchard, winery, brewery, greenhouse, a companion animal or livestock show, for the purpose of recreation, education, or active involvement in the operation, other than as an owner, contractor or employee of the activity. Agritourism: Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest-your-own activities, or 48 natural activities and attractions, regardless of whether or not the participant paid to participate in the activity. Agritourism activity: Means any agricultural activity that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, wineries, breweries, ranching, historical, cultural, harvest-your-own activities, natural activities and attractions, or other purposes of agricultural tourism, whether or not the agritourism participant paid to participate in the activity. Agritourism activities must be conducted in accordance with section 22-262.3 herein. Agritourism participant: Means any person, other than an agritourism professional, who engages in an agritourism activity. Agritourism professional: Means any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation. Aquaculture: Means land or activities devoted to the hatching, raising, harvesting and breeding of fish, shellfish, and aquatic plants for sale. Cider mill: Means a mill that extracts juice from apples to make apple cider. Dairy: A commercial establishment for the manufacture and sale of dairy products. Farm brewery: A brewery located on a farm on land zoned RAC and owned or leased by such brewery or its owner and some agricultural products are grown on the farm, including barley, other grains, hops or fruit used by such brewery in the manufacture of its beer. A farm brewery shall not produce more than 15,000 barrels of beer per calendar year. Farm, temporary event in agricultural structure: A barn or similar structure that may be rented for special occasions, such as weddings, private parties, banquets, or other similar events. Farm winery: Means an establishment (i) located on a farm in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume or (ii) located in the Commonwealth of Virginia with a producing vineyard, orchard, or similar growing area or 49 agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth of Virginia, and with facilities for fermenting and bottling wine on the premises where the owner or lessee manufactures wine that contains not more than 18 percent alcohol by volume. As used in this definition, the terms "owner" and "lessee" shall include a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative as long as such land is located in the Commonwealth of Virginia. Farmer’s market, on-site: A market held in a structure or open area for the sale of agricultural products or value-added agricultural products, directly to the consumer from a site on a working farm or any agricultural, horticultural or agritourism activity. Greenhouse, commercial, and/or nursery: Establishments engaged primarily in the retail sale of trees, shrubs, seeds, fertilizers, pesticides, plants, plant materials, and garden supplies, primarily for agricultural, residential and commercial consumers. Non-agriculturally related products: Means those items not connected to farming or the farm operation, such as novelty t-shirts or other clothing, crafts and knick-knacks imported from other states or countries, etc. Non-agriculturally related uses: Means activities that are part of an agritourism operation's total offerings but not tied to farming or the farm's buildings, equipment, fields, etc. Such non-agriculturally related uses include amusement rides and concerts, and may be subject to obtaining a special event permit. Seasonal: Means a recurrent period characterized by certain occurrences, festivities, or crops; harvest, when crops are ready; not all year round. Value-added agricultural product: Means the enhancement or improvement of the overall value of an agricultural commodity or of an animal or plant product to a higher value. The enhancement or improvement includes, but is not limited to marketing, agricultural processing, transforming, or packaging, education presentation, activities and tours. 50 Wine: Means any alcoholic beverage obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing (i) sugar, including honey and milk, either with or without additional sugar; (ii) one-half of one percent or more of alcohol by volume; and (iii) no product of distillation. The term includes any wine to which wine spirits have been added, as provided in the Internal Revenue Code, to make products commonly known as "fortified wine" which do not exceed an alcohol content of 21 percent by volume. Sec. 2A003. Agritourism activities. (a) Where permitted, agritourism activities shall include, but not be limited to, the following: (1) Agricultural, farm or ranch, including: (i) Farmer’s market, on-site, where at least 50 percent of the agricultural products offered for sale are/have been produced by the farm operator for at least three of the immediately preceding five years. (ii) Seasonal self-pick fruit and vegetable operations. (iii) Seasonal outdoor mazes of agricultural origin such as straw bales or corn. (2) Agricultural, farm stay, provided: (i) This use offers short-term lodging rooms and meals for paying guests looking for a rural experience on a working farm or ranch containing a minimum of ten (10) acres. For the purposes of this section, the term working farm shall require that the property owner or farm operator: a. Reside on the premises where the farm stay occurs; and b. Is actively engaged in land use devoted to the production of food and fiber, including horticulture, hydroponics, cultivation of field crops, nurseries, orchards, viticulture, livestock operations, dairy farms or other similar use as determined by the Zoning Administrator; 51 (ii) Lodging accommodations may be offered in the farm house occupied by the owner/operator, or an accessory structure or converted farm building, like barns, silos, chicken houses, meeting the requirements for residential occupancy. a. A recreational vehicle may also be used for a farm stay provided that no more than one (1) recreational vehicle be allowed on the property at one time, and provided that sewage waste disposal is accommodated in accordance with the Virginia Department of Health or by the use of bathroom facilities made accessible to guests in the farm house or other approved facilities. b. Camping tents may also be used for a farm stay provided that no more than three (3) be accommodated at one time and sewage waste disposal is accommodated by the use of portable toilets or the use of indoor bathroom facilities made accessible to guests in the farm house or other approved facilities. c. Recreational vehicle or camping tent farm stays shall also have an available water supply to accommodate hot and cold running water for shower facilities. d. Fires shall be made only in stoves, incinerators, and other equipment intended for such purposes. Portable fire extinguishers rated for class A, B, and C shall be kept in locations conveniently and readily accessible for use by all guests and shall be maintained in good operating condition. Their capacity shall not be less than required by applicable codes. (iii) No guests or group of guests shall remain on the premises for more than fourteen (14) consecutive nights per visit or permitted more than two (2) visits during a twelve (12) month period. (3) Agricultural, museum (4) Agricultural service operation 52 (5) Aquaculture (6) Cider mill, where agricultural products of the mill are being derived from crops grown primarily on site for at least three of the immediately preceding five years. (7) Dairy (8) Farm brewery (9) Farm temporary event in agricultural structure, provided: (i) Events shall be permitted up to twelve (12) times per year. For purposes of this section, a temporary event is an event conducted on a single day for which attendance is allowed only by invitation or reservation up to two hundred (200) persons and for which there is no individual admission fee are charged. Temporary events include, but are not limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other similar events. A conditional use permit may authorize the number of temporary events to exceed twelve (12) per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both. (ii) No event shall last later than 12:30 a.m. (iii) Adequate bathroom facilities are provided. (10) Farm winery, where: (i) Agricultural products of the winery are derived from crops grown primarily on site for at least three of the immediately preceding five years. (ii) The area for wine tasting and accessory food sales does not exceed 25 percent of the area of the main structure. (iii) Daily tours of a farm winery shall be permitted. (iv) Special events shall be permitted up to twelve (12) times per year. For purposes of this section, a special event is an event conducted at the farm winery on a single day for which attendance is allowed only by invitation or reservation for up to two hundred (200) persons. Special events include, but are not 53 limited to, meetings, conferences, banquets, dinners, wedding receptions, private parties, and other events conducted for the purposes of marketing wine. A conditional use permit may authorize the number of special events per year, or the number of allowed participants at any event to exceed two hundred (200) or more, or both. (v) Festivals shall be permitted up to four (4) times per year. For the purposes of this section, a festival is an event conducted at a farm winery for up to three (3) consecutive days which is open to the general public and conducted for the purpose of marketing wine. (11) Greenhouse, commercial and/or nursery. (b) Any year in which the governor of Virginia issues a formal disaster declaration covering Isle of Wight County shall not be included in the calculations prescribed in subsection (a) above. Sec. 2A004. Ancillary activities. Any agritourism activity may include one or more of the following ancillary uses so long as (i) the general agricultural character of the agritourism activity is maintained and (i) the aggregate gross receipts from the ancillary activity/activities does not exceed 50 percent of the gross receipts from the agritourism activity for three of the preceding five operating years. (a) Value-added agricultural products or activities such as educational tours or processing facilities, etc. (b) Bakeries selling baked goods containing produce grown primarily on site (e.g., minimum 50 percent). (c) Playgrounds or equipment typical of a school playground, such as slides, swings, etc. (not including motorized vehicles or rides). (d) Petting farms, animal display, and pony rides. (e) Wagon, sleigh and hayrides. (f) Nature trails. (g) Open air or covered picnic area with restrooms. 54 (h) Educational classes, lectures, seminars. (i) Historical agricultural exhibits. (j) Kitchen facilities, processing/cooking items for sale. (k) Gift shops for the sale of agricultural products and agriculturally related products. (l) Gift shops for the sale of non-agriculturally related products such as antiques or crafts, where sales of the non-agriculturally related products do not exceed 25 percent of gross sales of the agritourism activity for three of the preceding five operating years. Sec. 2A005. Compliance with laws and regulations; permits and licenses. (a) A simplified site plan meeting the requirements of Article VII may be required showing the location of all areas that will serve to accommodate the agritourism activities, as may be determined by the Zoning Administrator. (b) All agritourism activities and ancillary activities shall be conducted in accordance with all federal, state, and local laws and regulations. This includes, but is not limited to, compliance with Code of Virginia, Section 3.2-6402(A), requiring the posting and maintaining of certain warning signs. (c) All necessary federal, state and local licenses and permits for agritourism activities and ancillary activities shall be obtained prior to beginning operation of, and shall be maintained in good standing during operation of, the activities. This shall include the business license required by Article I of Chapter 13 of this Code if such activities meet the requirements of that chapter. (Ord. of 11-16-10, § 1) Sec. 2A006. Minimum area requirement. 55 Unless otherwise noted in the provisions of Part 2A (Agritourism), the minimum acreage for an Agritourism activity is two (2) acres or more, including the primary residential use. Sec. 2A007 Minimum width requirement. The minimum width for an Agritourism activity within or outside of an enclosed structure, intended to attract more than an average of ten (10) vehicle trips per day in addition to the residential use on the property, shall be three hundred (300) feet at the building setback line. The Zoning Administrator has the authority to waive this requirement if it is determined that there are no adjacent residential uses within 300 feet of the proposed agritourism activity. Sec. 2A008. Access Access shall be provided by an exclusive right of ingress/egress from a state maintained road. Sec. 2A009. Minimum setbacks. Front yard setback: All Agritourism structures and activities shall be located sixty (60) feet or more from the edge of the front property line, except that signs may be erected in accordance with Article IX. Signs of this ordinance. Parking may occur within the front yard setback but shall be at least ten (10) feet from the front property line adjacent to the public road. Side yard setback: 56 All Agritourism activities, including parking, shall be located thirty-five (35) feet and the total width of the two required side yards shall be seventy (70) feet or more. Rear yard setback: All Agritourism activities, including parking shall be located fifty (50) feet or more. 57 Sec. 2A010. Nonconforming regulations for existing farm structures and uses. A zoning permit shall not be issued for a Nonconforming structure or use for which a permit Agritourism activity is being sought until the following procedure has been completed: A. The Zoning Administrator is to send written notification by certified letter to the last known address of each adjacent property owner advising them of the proposed Agritourism activity and informing them that the permit may be issued if written comments are not received within thirty (30) days. The property shall also be posted with a sign pursuant to section 9-1006 for no less than fourteen (14) days prior to the expiration of the thirty (30) day period. B. If the Zoning Administrator receives no written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, and the Zoning Administrator determines that the proposed use otherwise complies with the zoning ordinance, and the requirements for sewage disposal, the Zoning Administrator may issue a zoning permit for the Agritourism activity. C. If the Zoning Administrator receives written objection from any property owner so notified within thirty (30) days of the date of sending the notification letter, then the Zoning Administrator may not issue a zoning permit unless and until such time as a conditional use permit for the proposed use is approved by the Board of Supervisors with a recommendation from the Planning Commission. Sec. 5-1000. General description. 58 The following supplementary use regulations are additional, modified, or more stringent standards for particular land uses contained in article IV, zoning districts and boundaries. The standards set forth in the supplementary use regulations shall be met regardless of the form of action required for approval. (7-7-05.) Sec. 5-1001. Prohibited uses. The following uses are specifically excluded from all districts: A. Unless otherwise expressly permitted, the use of a recreational vehicle as a temporary or permanent residence. B. Unless associated with a bonafide agricultural use, the use of a motor vehicle permanently parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. C. Use of shipping containers as a residence or to support a residential, office, civic or commercial use. D. Storage of motor vehicles that are neither licensed nor operational outside of a substantially enclosed structure, which visually screens such vehicles from public rights-of-way and adjoining properties. Not licensed, for purposes of this section, shall mean not having all of the following: current decal, state inspection sticker, and license plates. (7-7-05, 3-20-14.) Sec. 5-1002. Prohibited uses in certain residential districts. The following activities are prohibited in the RR, NC, SE, SR, UR, PD-R, PD-MH and residential areas zoned PD-MX districts: A. Parking of a commercial vehicle overnight shall be prohibited, unless otherwise expressly permitted by this ordinance. B. No construction machinery or similar equipment shall be parked overnight unless the machinery is incidental to improving the premises. (7-7-05.) 59 Sec. 5-1003. Change in use. A. A change in use of property occurs whenever the essential character or nature of the activity conducted on a lot is substantially altered. This occurs whenever: 1. The change involves a change from one (1) principal use category to another principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. The principal use categories shall be agricultural, residential, civic, office, commercial, industrial, and miscellaneous. 2. A change from one (1) use to another use within a principal use category where the existing site improvements, particularly, but not limited to, parking and stormwater management, are inadequate to accommodate the demands of the new use. Uses which tend to create this situation include, but are not limited to, restaurants, medical offices, and convenience stores. 3. Whether a change in use occurs shall be determined by comparing the proposed use and the most recent use of the property against the provisions of this section. 4. A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use. 5. Where a nonresidential structure has remained unoccupied for more than two (2) years, any new use shall be deemed to be a change in use and all requirements of this ordinance shall apply, unless where the existing site improvements, particularly, but not limited to, parking and stormwater management, are adequate to accommodate the demands of the new use. (7-7-05; Ord. No. 2011-21-C, 11-17-11.) Sec. 5-1004. Accessory uses. The district regulations classify different principal uses according to their different impacts. Whenever a residential, civic, office, commercial, industrial, or miscellaneous activity (which may or may not be separately listed as a principal use) is conducted in conjunction with another principal 60 use and that activity constitutes only an incidental or insubstantial part of the total use that takes place on a lot, then the activity shall be regarded as accessory to the principal use and shall be carried on in accordance with the permit issued for the principal use. For purpose of interpreting this section; A. A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use. B. An accessory use does not have to be connected with a principle use. However, their association must take place with sufficient frequency that there is common acceptance of their relatedness. C. Portable on demand storage (POD) units shall be considered a temporary structure. They are permitted for use for a total of sixty (60) days, after which a zoning permit must be obtained through the planning and zoning department. D. The operation of a drive-through facility associated with any use located outside the established boundaries of any development service district (DSD) shall require a conditional use permit. (7-7-05; Ord. No. 2013-2-C, 4-18-13.) Sec. 5-1005. Accessory uses to residential principal uses. The following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory uses to residential principal uses: A. Hobbies or recreational activities of a noncommercial nature. B. The renting out of one (1) or two (2) rooms within a single-family residence (which one (1) or two (2) rooms do not themselves constitute a separate dwelling unit) to not more than two (2) persons who are not part of the family that resides in the single-family dwelling. C. Yard sales or garage sales, so long as such sales are not conducted on the same lot more than three (3) days (whether consecutive or not) during any ninety-day period. (7-7-05.) 61 Sec. 5-2000. Supplementary density and dimensional regulations. A. Accessory building requirements. 1. The following provisions shall regulate the location of accessory buildings with respect to required yards: a. Accessory buildings shall be prohibited in any required yard which adjoins a street, except as permitted under subsection 5-2000.E.3. b. Accessory buildings shall be located at least five (5) feet from any required rear lot boundary lines. c. Where an accessory building is located in a zoning district requiring a side yard and such building is entirely to the rear of the principal structure, the accessory building shall be located at least five (5) feet from any adjoining lot line. d. Accessory buildings shall not exceed the maximum height restriction for the zone in which such structures are located, except as specified in subsection 5-2000.D.2. B. Accessory uses and structures not permitted prior to principal uses or structures. ..... No accessory use or structure shall be permitted on a lot unless the principal use or structure is in existence previously or until construction of the principal structure is initiated. 1. Exception….A one story tool and storage shed may be allowed on a vacant lot zoned RAC for on-site property maintenance provided that the building area does not exceed 256 square feet and the structure meets the following criteria: a. The building eave height is 10 feet or less b. The maximum height from the finished floor level to grade does not exceed 18 inches c. The supporting structural elements in direct contact with the ground shall be placed level on firm soil and when elements are wood they shall be approved pressure preservative treated suitable for ground use contact. d. The structure is anchored to withstand wind loads as required by the Virginia Construction Code. 62 e. The structure shall be of light-frame construction whose vertical and horizontal structural elements are primarily formed by a system of repetitive wood or light gauge steel framing members, with walls and roof of light weight material, not slate, tile, brick or masonry. f. Application for a conditional use permit may be made to allow construction of a utility/storage building that exceeds 256 square feet and shall be reviewed with consideration given to the property acreage and the reason a larger building is required for property maintenance and storage. C. Building height limitations. 1. For purposes of this section: a. Except as hereinafter provided, no building or structure, or part thereof, shall hereafter be erected or altered to a height greater than the maximum specified for the respective zone. D. Exceptions to height limits. ..... Notwithstanding other regulations in this article or the maximum specified for the respective zone, the following structures shall be permitted: 1. Church spires, belfries, cupolas, monuments, chimneys, utility transmission towers, water towers, fire towers, cooling towers, elevator penthouses, monuments or towers used in the manufacturing process, or other similar structures, may be permitted to exceed the height stipulated in the schedule of zone regulations by no more than twenty-five (25) percent if attached to a building or to a maximum of one hundred (100) feet if freestanding. The zoning administrator shall determine whether a proposed height increase is reasonable and serves a function beyond merely drawing attention to the structure. If an increase above a total of one hundred (100) feet is desired, a conditional use permit must be obtained. 2. Except as noted above, no accessory building or structure shall exceed the maximum height limitation established for the zoning district or the height of the structure to which it is accessory, whichever is less, provided, however, that structures which are accessory to a single- story structure may be constructed to a maximum height not 63 exceeding one hundred twenty-five (125) percent of the height of the principal structure. In cases where this is permitted, the accessory structure shall be separated from the principal residential structure by a distance of at least twenty (20) feet. 3. Buildings or structures used in conjunction with a bona fide agricultural use or operation in the rural/agricultural conservation (RAC) district shall be exempt from the height limits specified in the zoning district regulations. 4. Solar heating and solar collection devices provided such devices do not exceed by more than five (5) feet the otherwise permitted maximum height for the zone in which they are located. 5. The Isle of Wight County Board of Supervisors with a recommendation by the planning commission may authorize an exemption to the height regulations. In granting exemptions, the board of supervisors with a recommendation by the planning commission may impose reasonable conditions. No exemption shall be granted which exceeds the height limitations of section 5-3000 (restrictions adjacent to airports). 6. Towers and antennas are allowed to the extent authorized in each zoning district. E. Building setback requirements. ..... No portion of any building or other structure may be located on any lot closer to any lot line or to the street right-of-way line than is authorized in each zoning district. 1. Future highway rights-of-way. ..... Wherever future highway rights-of- way have been established by official action by the board of supervisors or the Virginia Department of Transportation, these rights- of-way shall be used as the basis for determining required setbacks. 2. Setback measurement from right-of-way. a. If the street right-of-way line is readily determinable (by reference to a recorded map, set irons, or other means), the setback shall be measured from such right-of-way line. b. In any district, on any lot which fronts on a road having a right-of- way less than fifty (50) feet wide or of undetermined width, the required minimum front yard setback line shall be measured from 64 a point twenty-five (25) feet from the center of such street right-of- way. 3. Front yard requirements in developed areas. ..... Where existing buildings or structures occupy lots comprising at least fifty (50) percent of the lots within a block, and the average front yard depth of the existing buildings or structures is less than that required by this ordinance, the average so established may be taken in lieu of that which is normally required, provided that in no case shall a front yard depth so determined be less than twenty (20) feet, or less than the setback line denoted on a recorded subdivision plat, whichever is greater. For the purpose of this calculation, lots on the same side of a street on either side of the lot in question for a distance of six hundred (600) feet or to the nearest street intersection, whichever is less, shall be considered. 4. Front yards on through lots. ..... On any lot that runs through a block from street to street, a front yard as otherwise required in the zone shall be provided along each street lot line. F. Side yards. 1. Side yards decreased for narrow lot. ..... For each foot by which a nonconforming lot of record at the time of enactment of this ordinance is narrower than fifty (50) feet, and where the owner of record does not own any adjoining property, one and one-half (1½) inches may be deducted from the required minimum width of any side yard for building not exceeding two and one-half (2½) stories in height; provided, however, that no side yard shall be narrower at any point than three (3) feet in any case. 2. Side yards increased for deep buildings. ..... In any zone where a side yard is required, the least width of each side yard shall be increased by one (1) inch for each foot by which the side wall of a building adjacent to a side yard exceeds fifty (50) feet in overall depth. 3. Corner lot. ..... On a corner lot in any zone, both yards fronting the street shall equal the required minimum frontage, width and front yard setback for that zone. Of the two (2) sides of the corner lot, the front shall be deemed to be the shortest of the two (2) sides fronting on the streets. 65 4. Side yard exceptions for attached dwellings. ..... In the case of attached dwelling units, the entire structure shall be considered as a single building with respect to side yard requirements. 5. Measure of setback distances or required yards. ..... Setback distances or required yards shall be measured from the property line or street right-of-way line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself and not a mere appendage to it (such as a flagpole, etc.). G. Walls and fences. 1. Unless otherwise provided for by this ordinance, fences or walls not more than six (6) feet in height may be located in any required side or rear yard in any district, other than a required yard adjacent to a street except as follows: a. On parcels zoned or occupied by a single-family or two-family residence, no fence or wall which creates a solid screen may exceed two and one-half (2½) feet in height in any required front yard, except that fences having a uniform open area of fifty (50) percent or more may be erected to a maximum height of four (4) feet in such required yards. b. On parcels zoned for or occupied by any use other than a single- family or two-family dwelling, no fence or wall that creates a solid screen may exceed three and one-half (3½) feet in height in any required front yard, except that fences having a uniform open area of fifty (50) percent or more may be erected to a maximum height of four (4) feet in such yards. c. Heights shall be measured from the average ground level adjacent to the fence or wall and shall exclude columns and posts. 2. Open wire fences not exceeding eight (8) feet in height may be erected in any required yard when wholly or partially enclosing any public school, park, recreational or playground site or a public utility. Height shall be measured from the average level of the ground adjacent to the fence or wall. 3. Fences erected for agricultural purposes are exempt from this section. 66 4. The height, design, and location of fences in required yards erected in conjunction with a bona fide and permitted industrial use or operation may be exempt from this section subject to the review and approval of the zoning administrator. 5. The height, design, and location of fences or walls in required yards erected in conjunction with an electrical utility station or substation may be exempt from this section subject to the review and approval of the zoning administrator. H. Projections and yard setback modifications. 1. Covered, unenclosed front porches. ..... Covered, unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for necessary supporting columns and customary architectural features, may be permitted in a required front yard provided that such structure shall not be more than eight (8) feet in width and shall not project more than three (3) feet into such yard. 2. Covered unenclosed porches permitted in required side or rear yard. ..... Covered, unenclosed porches, decks, landings, steps, terraces, patios or platforms, open on three (3) sides except for necessary supporting columns and customary architectural features, may be permitted in required side or rear yards provided that no such structure, shall project closer than three (3) feet to any side lot line, that no such structure shall be more than one (1) story in height or more than twenty-four (24) feet in length, and that no such structure shall project more than eight (8) feet into any required rear yard. 3. Uncovered porches. ..... Uncovered porches, decks, landings, steps, terraces, patios or platforms which do not extend above the level of the first floor of the building (except for railings and railing supports) may project into any required front, side or rear yard or court not to exceed eight (8) feet. 4. [Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies, or other similar architectural features.] ..... Architectural features, chimneys, air conditioners, cornices, eaves, belt courses, sills, canopies, or other similar architectural features (but not including bay windows or vertical projections) may project into a required side yard not more than eighteen (18) inches, but not closer 67 than three (3) feet to the side lot line, and may not exceed thirty-six (36) inches. Chimneys and air conditioners may project into any yard not more than eighteen (18) inches, but air conditioners rated at twenty-four thousand (24,000) BTU or less shall not be so placed as to discharge air within five (5) feet of side yard lines, and those rated over twenty-four thousand (24,000) to discharge air within twelve (12) feet of side yard lines, other than side yard lines adjacent to streets. 5. Open fire escapes. ..... Open, unenclosed fire escapes may project not more than four (4) feet into any required yard, but shall not project closer than three (3) feet to any side lot line. 6. Open stairways and balconies. ..... Open, unenclosed stairways or balconies, not covered by a roof or canopy, may extend or project into a required rear yard only, not more than four (4) feet, but shall not be within three (3) feet of any property line. 7. Exemption of front yard setback for handicap ramps. ..... Handicap ramps used for residence(s) of a single-family dwelling shall be allowed to encroach into the required front yard setback. The ramp must be built in accordance with the American Disabilities Act as it pertains to wheelchair accessibility. In no instances shall the ramp be covered. I. Frontage. 1. Where lot lines are established radially from a curved street so as to increase the width of the lot, the lot frontage in such cases shall be measured along the chord of such curved street. 2. For lots fronting on the turning circle of a cul-de-sac, individual lot frontage may be reduced to not less than fifty (50) percent of the minimum lot width for the respective zoning district. Frontage for such lots shall be measured along the chord of the cul-de-sac street. J. Lots with existing dwellings. ..... On a lot with one (1) or more existing dwelling units, no zoning permit shall be used for an additional single- family dwelling except as specifically permitted in this ordinance. Where a new residence is intended to replace an existing unit, the demolition permit for the existing unit shall be issued by the building official prior to or at the same time as the zoning permit for the new dwelling. 68 K. Minimum lot size. 1. All lots shall have at least the amount of square footage indicated for the appropriate zoning and overlay districts. The total floor area in all buildings on the lot shall be considered in determining the adequacy of lot area. 2. For permitted uses utilizing individual sewage systems, the required area for any such use shall be approved by the health department. The zoning administrator may require a greater area if considered necessary by the health department. L. Recreational vehicles and watercraft. ..... In all districts it shall be permissible to store out-of-doors recreational vehicles and watercraft as an accessory use only in accordance with the following: 1. Such vehicles or watercraft shall be placed in the rear or side yards only, and shall be located at least five (5) feet from all property lines. This provision shall not apply to recreational vehicles or watercraft stored within completely enclosed structures. 2. Recreational vehicles shall not be used as living quarters, and may only be otherwise occupied in accordance with district regulations. M. Required yard not to be reduced. ..... No lot shall be reduced in area so as to make any yard or any other open space less than the minimum required by this article, and if already less than the minimum required, such yard or open space shall not be further reduced, except by approval of the board of zoning appeals. No part of a yard or other open space provided for any building, structure or use for the purposes of complying with the provisions of this article shall be considered as part of a yard or other open space required under this article for another building, structure or use except in the case of developments which are planned developments or cluster developments and provision is made for shared use of open space. N. Residential density. 1. Only one (1) single-family detached dwelling shall be permitted on any lot, except that accessory apartments and temporary residences shall be permitted as otherwise allowed in this ordinance. 69 2. In determining the number of dwelling units permissible on a lot, parcel, or tract of land, fractions shall be rounded to the nearest whole number. O. Sight triangles. 1. To promote visibility for pedestrians and the operators of motor vehicles, a clear sight triangle shall be established at the intersecting rights-of-way of any two (2) streets. The legs of this sight triangle shall be twenty-five (25) feet in length. They shall begin at the point of intersection of the two (2) street rights-of-way, and shall extend twenty-five (25) feet along each right-of-way line. The triangle shall be formed by connecting the endpoints of these two (2) lines. 2. Landscape plantings or other objects constructed, placed, or permanently parked within the sight triangle of roadway or driveway intersections shall conform to Virginia Department of Transportation guidelines for height. This shall not apply to fire hydrants. P. Widening of public rights-of-way and roads. ..... Whenever there shall be plans or other official documents in existence, approved by either the Virginia Department of Transportation, the Commonwealth Transportation Board, or the board of supervisors which provides for proposed relocation or widening of any public right-of way, road, or street, the board may require additional yard setbacks for any new construction or for any structures altered or remodeled adjacent to the future planned right-of-way, in order to preserve and protect the land area needed for such proposed public right-of-way, road, or street widening. No structure or part of a structure shall be permitted to be erected within the lines of such proposed public street or highway and all setbacks governing the location of such structures shall be measured from the future public right-of-way, where established. Q. Building footprint. ..... Any single use building, other than an industrial use, containing a building footprint of eighty thousand (80,000) square feet or more measured from the outside perimeter of the building shall require a conditional use permit in accordance with section 1-1017 of this ordinance prior to design or construction. For purposes of this section the square footage of a single user building shall include all buildings located 70 within one-quarter (¼) mile owned or operated by essentially the same establishment, as determined by the zoning administrator. R. [Fishing, hunting and trapping.] ..... Fishing, hunting and trapping is permitted in the Rural Agricultural Conservation (RAC) zoning district with the permission of the property owner(s), and as may be otherwise governed by the Commonwealth and the Isle of Wight County Code. (7- 7-05; 4-19-07; 6-19-14; 7-17-14.) Sec. 5-3000. Restrictions adjacent to airports. A. Purpose. ..... The provisions contained in this section regulate the height of structures and objects of natural growth in the vicinity of any civil airport located in Isle of Wight County or its environs. Specifically, these regulations apply to all areas of the county included within or underneath an imaginary surface or surfaces surrounding any civil airport in accordance with the standards set forth in Part 77.25, 77.28 and 77.29, Subchapter C (Obstruction Standards), of Title 14 of the Code of Federal Regulations, referred to hereafter as the Federal Regulations, and section 15.2-2294 of the Code of Virginia. A copy of these standards is available in the office of the zoning administrator. B. Intent. ..... The provisions contained in this section are intended to protect the public health, safety and welfare by ensuring that development in the county will occur in such a manner as to result in no interference with civil air traffic. C. Definitions. ..... The words and terms used in this section shall have the following meanings unless the context clearly indicates otherwise: Airport.\ For purposes of this section, this term shall refer to the John Beverly Rose Airport. Airport elevation.\ The highest point on any usable landing surface expressed in feet above mean sea level. Airport safety zone.\ All of the area and airspace within Isle of Wight County lying equal to or above an approach surface, horizontal surface, conical surface, primary surface or transitional surface as they apply to civil airports in the county or its environs. These zones are superimposed over the 71 underlying zoning districts and do not affect the uses and activities of the underlying zoning districts except as provided in this section. Approach surface.\ An imaginary surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface and at the same slope as the approach zone height limitations slope set forth in the federal regulations. Conical surface.\ An imaginary surface, whose design standards are referenced the federal regulations, extending and sloping horizontally and vertically from the periphery of the horizontal surface. Hazard to air navigation.\ An obstruction determined by the Virginia Department of Aviation or the Federal Aviation Administration to have a substantial adverse effect on the safe and efficient utilization of navigable airspace. Height.\ For all height limitations, the datum shall be mean sea level elevation unless otherwise specified. Horizontal surface.\ An imaginary surface represented by a horizontal plane one hundred fifty (150) feet above the established airport elevation for any civil airport, the perimeter which is constructed by swinging arcs of specified radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by lines tangent to those arcs. Nonconforming structure/use.\ Any preexisting structure or object of natural growth which is inconsistent with the provisions of this ordinance or any amendment thereto. Obstruction.\ Any structure, growth or other object, including any mobile object, which exceeds a limiting height or penetrates any surface or zone floor, set forth in this section. Primary surface.\ An imaginary surface longitudinally centered on a runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. Runway.\ A specified area on an airport or airfield prepared for landing and takeoff of aircraft. Transitional surface.\ An imaginary surface, whose design standards are referenced in the federal regulations, which extend outward perpendicular to 72 the runway centerline sloping from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Vegetation.\ Any object of natural growth. D. Airport safety zones. ..... In order to carry out the provisions of this ordinance, there are hereby established certain zones which include all of the area and airspace lying equal to and above the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as applicable. These zones are established as overlay zones, superimposed over the existing base zones, being more specifically zones of airspace that do not affect the uses and activities of the base zones except as provided for in this ordinance. An area located in more than one (1) of the following zones is considered to be only in the zone with the most restrictive height limitation. These zones are as follows: Airport zone.\ A zone that is centered about the runway and primary surface, with the floor set by the horizontal surface. Approach zone.\ A zone that extends away from the runway ends along the extended runway centerline, with the floor set by the approach surfaces. Transitional zone.\ A zone that fans away perpendicular to the runway centerline and approach surfaces, with the floor set by the transitional surfaces. Conical zone.\ A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface. The source and the specific geometric design standards for these zones are to be found in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator, and are hereby adopted as a part of this ordinance. E. Airport safety zone height limitations. ..... Except as otherwise provided in this ordinance, in any zone created by these regulations no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface, also known as the floor, of any zone provided for in this ordinance at any point. 73 The height restrictions, or floors, for the individual zones shall be those planes delineated as surfaces in Part 77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code of Federal Regulations, or in successor federal regulations. A copy of these standards is available in the office of the zoning administrator. F. Use restrictions. ..... Not withstanding any other provision of this ordinance, and within the area below the horizontal limits of any zone established by this ordinance, no use may be made of land or water in such a manner as to: 1. Create electrical interference with navigational signals or radio communication between the airport and aircraft; 2. Diminish the ability of pilots to distinguish between airport lights and other lights; 3. Result in glare in the eyes of pilots using the airport; 4. Impair visibility in the vicinity of the airport; 5. Create the potential for bird strike hazards; or 6. Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport. G. Nonconforming uses. 1. Except as provided in this section, the regulations prescribed by this ordinance shall not require the removal, lowering, or other change or alternation of any structure or vegetation not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this ordinance shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which has begun prior to the effective date of this ordinance, and is diligently pursued. 2. Notwithstanding the provision of this section, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal 74 Aviation Administration, the Virginia Department of Aviation, or the zoning administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question. H. Permits and variances. 1. Except as provided in this section, no structure shall be erected or otherwise established in any zone created by this ordinance unless a permit therefore shall have been applied for and granted. Each application for a permit shall indicate the purpose for which desired with the sufficient geometric specificity to determine whether the resulting structure would conform to the regulations prescribed in this ordinance. No permit for a structure inconsistent with these provisions shall be granted unless a variance has been approved as provided in this section. 2. No permit shall be granted that would allow the establishment or creation or an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto other than with relief as provided for in this section. 3. Whenever the zoning administrator determined that a nonconforming structure has been abandoned or more than fifty percent (50%) destroyed, physically deteriorated, or decayed, no permit shall be granted that would enable such structure to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable height limit or otherwise deviate from the zoning regulations contained in this ordinance except with the relief as provided for in this section. 4. An application for a variance to the requirements of this section shall be made in writing to the board of zoning appeals in accordance with the provisions of section 1-1019 of this ordinance. Prior to the any such application being considered by the board it shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. 75 5. In granting a variance, the board of zoning appeals may impose reasonable and appropriate conditions as it may deem necessary to protect the public interest and welfare. Such conditions may include, but need not be limited to requirements to install, operate and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the zoning administrator. (7-7-05.) Sec. 5-4000. Net developable area. A. Purpose. ..... The comprehensive plan establishes an overall goal "to preserve and improve environmental quality of the county utilizing measures which protect Isle of Wight's natural resources and environmentally sensitive lands and waters", consistent with both the Virginia Clean Water Act and the Federal Clean Water Act. In land development, one (1) effective way towards accomplishing this goal is to establish environmental performance standards to establish the suitability of land for development. Virginia's enabling statutes for planning and zoning support environmental performance standards as a rational basis for utilizing the development suitability process. This process provides a more logical approach to define and allocate land holding capacities and densities to individual properties based upon the land and its underlying physical, environmental, and geological influences. B. Applicability ..... The net developable area shall be used for determining the density and building coverage of development permitted on a particular parcel or area. This approach shall apply to all forms of land development, with the exception of the following: 1. The RAC zoning district. 2. Single-family lots subdivided and approved for development prior to the adoption of this ordinance. 3. Single-family lots shown on a preliminary subdivision plat in compliance with the provisions of subsection 1-1014.B. C. Net developable area calculations. 76 1. The percentage cited below of the total area of environmentally sensitive areas shall be removed from the total acreage of a parcel or area in order to derive the net developable area: a. Tidal wetlands: One hundred percent (100%). b. 100-year floodplains: One hundred percent (100%). c. Resource protection areas, including the required 100-foot buffer: One hundred percent (100%). d. Non-tidal wetland: Fifty percent (50%). e. Slopes in excess of fifteen percent (15%) but less than or equal to thirty percent (30%): Fifty percent (50%). f. Slopes in excess of thirty percent (30%): One hundred percent (100%). Where environmentally sensitive areas overlap, the more restrictive environmentally sensitive area shall be used. In no case shall overlap be counted twice in the calculation of net developable area. 2. In addition to the above features of a site, the total area of the easements or rights-of-way associated with a 150KV or greater power transmission line or regional gas transmission line shall be removed from the total acreage in order to derive the net developable area. 3. Twenty percent (20%) shall be subtracted from the calculated net developable acreage to allow for existing or planned public or private street rights-of-way, unless it can be demonstrated to the satisfaction of the zoning administrator that the proposed street rights-of-way in a development or subdivision will be less than twenty percent (20%) of the calculated net acreage. 4. Required open space shall be calculated using gross acreage. 5. All calculation of recreational space and landscaping requirements shall be based on the net developable area. 6. No lot shall be designed, approved or employed for use in which an area more than thirty percent (30%) of the prescribed minimum lot area is comprised of one (1) or more of the environmentally sensitive areas cited in [paragraph] 1., above. This shall not apply to lots 77 specifically created exclusively to preserve and maintain environmentally sensitive areas, as approved by the zoning administrator. D. Example of calculating net developable area. ..... The following example is provided for illustrative purposes in calculating the net developable area in a typical subdivision, although this approach applies to all forms of development not specifically exempted: Zoning district: Suburban Estates (SE) Maximum density allowed: 2 units net acre Gross acres: 100 acres Floodplains: 7 acres Resource protection area: 4 acres Slopes > 15% but < 30%: 5 acres Slopes > 30%: 2 acres Power line ROW: 3 acres Computation of property's environmentally sensitive features: Floodplains: 7 acres × 100% = 7 acres Resource protection area: 4 acres × 100% = 4 acres Slopes > 15% but < 30%: 5 acres × 50% = 2.5 acres Slopes > 30%: 2 acres × 100% = 2 acres Power line ROW: 3 acres × 100% = 3 acres TOTAL = 18.5 acres Computation of net developable area for SE property: Gross acreage of property: 100 acres Less deduction for property features: - 18.5 acres 78 Available acres: 81.5 acres Less street rights-of-way (20% of net developable): - 16.3 acres Total net developable acres: 65.2 acres Development capacity of SE property units per acre × 65.2 net developable acres = 130 units per acre (7-7-05; 3-20-14.) Sec. 5-5001. Supplementary use regulations for agricultural use types. A. Agriculture. 1. Agricultural crop service towers and antennas. ..... Agricultural crop service towers and antennas may be allowed subject to the following provisions: a. The maximum height allowed shall be no greater than two hundred (200) feet pursuant to Section 15.2-2293.1 of the Code of Virginia. b. Commercial service providers and nonagricultural uses are prohibited from locating on the tower. c. Design and lighting requirements. The requirements set forth in this section shall govern the location of all owners and the installation of all towers and antennas governed by this section; provided, however, that the zoning administrator may waive any of these requirements if it determines that the goals of this section are better service thereby. i. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA (Federal Aviation Administration), be painted a neutral color, so as to reduce visual obtrusiveness. Dish antennas will be of a neutral, nonreflective color with no logos. ii. At a facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower 79 facilities to the natural setting and surrounding structures; provided, however, that the zoning administrator may waive such requirements, as he/she deems appropriate. iii. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. iv. Towers shall not be artificially lighted, unless required by the FAA (Federal Aviation Administration) or other applicable authority. If lighting is required, the zoning administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. v. No advertising of any type may be placed on the tower or accompanying facility unless as part of retrofitting an existing sign structure. d. Federal requirements. All towers and antennas must meet or exceed current standards and regulations of the Federal Aviation Administration (FAA), the Federal Communications Commission (FCC), and any other agency of the federal government with the authority to regulate towers and antennas. In addition, the tower owner shall implement U.S. Fish and Wildlife Service procedures for communication tower construction, operation, and decommissioning to protect endangered night-migrating birds under the Migratory Bird Treaty Act, Endangered Species Act, and Bald and Golden Eagle Act. e. Building codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable federal, state and local building codes and regulations. f. Setbacks. The following setback requirements shall apply to all towers and antennas; provided, however, that the zoning 80 administrator may reduce the standard setback requirements if the goals of this section would be better served thereby. i. Freestanding towers, guys, and accessory facilities must satisfy the setback requirement, no less than the height of the tower structure and height of any mounted antenna. g. Security fencing. Towers and antennas shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the zoning administrator may waive such requirements, as he/she deems appropriate. h. Removal of abandoned antennas and towers. Any tower or antenna that is not operated for a continuous period of twenty-four (24) months shall be considered abandoned, and the owner of each such antenna or tower shall remove same within ninety (90) days of receipt of notice from the county notifying the owner of such removal equipment requirement. Removal includes the removal of the tower, all tower and fence footers, underground cables and support buildings to a minimum depth of three (3) feet. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower. At the discretion of the county, a surety bond in a form acceptable to the county attorney may be required to ensure that the funds necessary for removal are available to the county in the event the structure is abandoned. B. Commercial feedlot. 1. All commercial feedlots, including commercial poultry houses, dairy barns, and other uses or structures involving the concentrated handling or confinement of animals or fowl erected after the effective date of this ordinance, shall be set back a minimum distance of eighty (80) feet from all public or private streets and at least one thousand (1,000) feet from any of the following: Rural Residential (RR), Neighborhood Conservation (NC), Suburban Estate (SE), Suburban Residential (SR), Urban Residential (UR), Limited Commercial (LC), General Commercial (GC), Planned Development Residential (PD-R), Planned Development Manufactured Home Park (PD- 81 MH), Planned Development Commercial Park (PD-CP), or Planned Development Mixed-Use (PD-MX) Zoning District boundary lines. C. Farm employee housing. 1. An accessory manufactured home (Class A or B), may be erected upon the approval of a conditional use permit as an accessory use to an agricultural use exclusively for a farm employee, and his/her family, in accordance with the following requirements: a. The manufactured home shall be removed when it is no longer occupied by a farm employee. b. No more than one (1) farm employee manufactured home for every twenty-five (25) acres of land, or portion thereof, in agricultural use shall be permitted. c. A Class B manufactured home previously approved under conditional use permit for farm employee housing may be replaced with a Class A manufactured home provided a zoning and building permit is obtained. 2. Multifamily housing may be constructed upon the approval of a conditional use permit for agricultural uses that rely on temporary seasonal employees. Such housing shall only be used to accommodate temporary seasonal employees during periods of their employment as a farm employee of the agricultural use. To construct multifamily housing for farm employees a conditional use permit must be obtained from the board of supervisors. 3. All farm employee housing shall comply with the setback requirements of the principal structure. 4. Where public sewer is not available, the Isle of Wight County Health Department shall approve sewage disposal for all farm employee housing. D. Forestry operation, silvicultural and/or timbering. 1. Silvicultural and/or timbering operation. For all properties within the Chesapeake Bay Watershed, forestry operation shall comply with the Chesapeake Bay Area Ordinance. E. Livestock auction market. 82 1. Livestock auction markets, where permitted in this ordinance, shall be subject to the following requirements and site plan approval: a. A minimum lot area of five (5) acres. b. Stock pens and main buildings located at least two hundred (200) feet from any street or highway and at least two hundred (200) feet from any property line existing at the time of application. F. Reptile breeding. 1. In additional to obtaining a Conditional Use Permit, reptile breeding shall comply with the following provisions: a. Each reptile shall be kept in 100% escape proof, temperature controlled glass cage. The only exception shall be during breeding and no more than two (2) reptiles shall be kept in a cage for breeding purposes at in any given time. b. Each cage shall contain proper housing, shelter, feeding and water accommodations. c. An operational plan shall accompany the Conditional Use Permit application to describe how the business will operate, what structures/facilities will be devoted to the use, what species of reptiles will be kept, how large they grow and how will they will be caged long term, how the reptiles will be cared for including feeding, medical check-ups, how the cages will be cleaned and maintained to prevent the spread of bacteria, how waste disposal will be handled, and any other information as may be determined by the Zoning Administrator, Planning Commission and Board of Supervisors. d. The keeping of reptiles shall comply with all local, state and federal requirements. G. Sawmill. 1. A permanent or temporary sawmill shall be no less than three hundred (300) feet from any lot line or street right-of-way. 2. A permanent or temporary structure shall not be located on environmentally sensitive lands (RPAs) and wetlands. 83 3. All power saws and machinery will be secured against tampering or locked when not in use. 4. A temporary sawmill shall only be established to process timber cut from the parcel on which the temporary sawmill is located or on immediately adjacent parcels and shall only be allowed for a period of only one (1) year. For periods exceeding one (1) year, a conditional use permit shall be obtained from the board of supervisors. 5. A temporary sawmill shall be located at least two hundred (200) feet from any residence located on an adjoining property. 6. No processing, milling, finishing or artificial means of drying green lumber shall be associated with a temporary sawmill. 7. Green lumber and all other products and by-products from the temporary sawmill shall be removed from the site at least every sixty (60) days. 8. Buildings associated with a temporary sawmill shall be limited to shelter for the sawmill equipment and essential shelter for personnel. No building shall be erected for the storage, processing, or drying of green lumber. H. Stable, commercial. 1. In any district where permitted or permitted subject to a conditional use permit, commercial stables shall provide a lot area of ten (10) acres or more. 2. Accessory tack shops not exceeding one thousand (1,000) square feet are permitted in conjunction with commercial stables. 3. Commercial stables shall prepare and follow a management plan for responsible and environmentally safe management of all animal wastes. Such plan shall be approved, when required, by the Virginia Department of Environmental Quality, Division of Water. Animal waste shall not create a nuisance or health hazard to adjoining property owners. I. Stable, private. ..... A private stable may be permitted subject to the following provisions: 84 1. A minimum of two (2) acres shall be required for a private stable and no more than one (1) horse per acre, excluding one (1) acre for the residence, shall be allowed on any lot. 2. No building or corral, excluding open pasture, shall be located less than fifty (50) feet from the nearest property line or two hundred (200) feet from the nearest residence on an adjoining lot, whichever is greater. 3. Stables shall properly manage animal waste so as to not create a nuisance or health hazard to adjoining or nearby property owners. J. Wayside stand. ..... A structure may be permitted for the display and sale of agricultural and fishery products grown and produced on premises subject to the following standards: 1. A zoning permit is required for first year's operation. 2. A wayside stand structure shall not exceed seven hundred fifty (750) square feet in floor area and must be in compliance with the applicable standards of the Virginia Uniform Statewide Building Code. 3. All structures shall meet the minimum yard setback requirements of the underlying zoning district and shall be located so as to provide safe ingress and egress from public or street rights-of-way. 4. All wayside stands and related structures shall be considered seasonal or temporary in nature. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // Following a break, the Board reconvened to consider the items under the County Administrator’s report. Arthur E. Berkley, Director of Inspections, provided an overview of permitting activity over the last nine months; the results of customer surveys; 85 future initiatives relative to the Central Permitting office; and, notified the Board of that Department’s award of a VACo Achievement Award. Donald T. Robertson, Director of Informational Resources and Legislative Affairs, reviewed the County’s 2016 legislative items proposed for inclusion in the County’s list of priorities to be presented to the Virginia General Assembly. He requested the Board to provide him with any suggested items for inclusion in the List. Donald N. Jennings, County Engineer, provided a PowerPoint presentation on the purpose of the County's Stormwater Program, the three mandatory components associated with the Program and progress made to date by staff. Charles Meek, Assistant to the County Administrator, presented a request to the Board from Donald Newberry III to hunt on County property located on Great Spring Road. He advised that due to the absence of a policy to provide for the private use of County property or a process that can be offered to other interested members of the public who may wish to hunt, as well as liability and safety issues, staff is recommending Mr. Newberry’s request be denied. Supervisor Bailey moved that Mr. Newberry’s request to hunt on County property be denied. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Mary Beth Johnson, Director of Human Resources, presented a Resolution to Amend Chapter 1: Personnel, Article XI, Section 11.6 and Amend and Re- adopt Chapter 1: Personnel, Article XV, of the County Policy Manual for the Board's consideration. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE XI, SECTION 11.6 AND AMEND AND RE-ADOPT CHAPTER 1: PERSONNEL, ARTICLE XV, OF THE COUNTY POLICY MANUAL 86 WHEREAS, the County has established guidelines for provisions regarding employee health and safety and emergency egress as part of Chapter 1: Personnel, Article XI, Section 11.6 and Chapter 1: Personnel, Article XV of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article XI, Section 11.6 and amend and re-adopt Chapter 1: Personnel, Article XV of the County Policy Manual to combine the employee health and safety policies into one section, to establish and enhance the safety policies, rules and safe work practices which give employees guidance to prevent human suffering and conserve resources as a result of employees serving the community in a safe manner and to meet the minimum requirements for safety and health set by the U.S. Department of Labor Occupational Safety and Health Act (OSHA), State of Virginia Occupational Safety and Health Act (VOSH) and other pertinent safety directives; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article XI, Sections 11.6 and Chapter 1: Personnel, Article XV of the County Policy Manual are hereby amended and adopted as follows: ARTICLE XI MISCELLANEOUS POLICIES AND REGULATAIONS (Revised April 7, 2005, November 17, 2005, May 18, 2006, October 16, 2006, Revised September 4, 2008, Revise May 21, 2015, Revised September 17, 2015) Section 11.6 (Adopted November 17, 2005, revised October 16, 2006) Employee Health and Safety Policy Isle of Wight County maintains operational practices to ensure the safety, health, and well-being of all of its employees. This policy serves to outline the County’s commitment to employee health and safety and provide guidance to all employees on the standards the County expects its employees to adhere to. 87 It is the intent of the County to comply with all laws. To do this, the County must constantly be aware of conditions in all work areas that can produce injuries. No employee is required to work in a job he/she knows is unsafe or unhealthy. Staff cooperation in detecting hazards and, in turn, controlling them is a condition of your employment. Staff should inform their respective supervisor immediately of any situation beyond their ability or authority to correct. The personal safety and health of each employee of the organization is of primary importance. Prevention of occupationally induced injuries and illnesses is of such consequence that it will be given precedence over operating productivity, whenever necessary. To the greatest degree possible, management will provide all the necessary equipment or training required for personal safety or health. The County is committed to maintaining a safe and healthy work environment. To be successful, the County must embody proper attitudes toward injury and illness prevention on the part of supervisors and employees. The County also requires cooperation in all safety and health matters, between not only the supervisor and employee, but also between each employee and his/her co-workers. The objective is to employ a safety and health program that will reduce the number of employee injuries and illnesses to an absolute minimum. On-the-Job Injuries/Illnesses: Any job-related injury or illness, regardless of severity, must be reported immediately to the supervisor for prompt evaluation and medical attention as necessary. The supervisor will complete an initial safety incident report and forward it to the Human Resources Department. General Safety Rules: County employees perform a wide range of functions in various locations. Although some safety rules apply only to specific positions, all employees are expected to comply with the rules in this policy: 88  Use common sense in performing duties.  Report any work injury/illness to the supervisor.  Report any unsafe conditions to the supervisor or the Human Resources Department.  Do not use any equipment, vehicles, or materials when overly tired, nauseated, feverish, or under the influence of any substance that may affect judgment.  Keep the work area neat and tidy.  Use mechanical devices or request assistance in lifting heavy loads.  Wear seat belts when operating any vehicle while on County business.  Do not use tops of cabinets or bookcases for extra storage or displays.  Be sure that aisles or exits are kept clear; do not let cords interfere with walkways.  Keep paper clips, tacks, pins, and other objects off the floors.  Store all sharp objects properly when not in use.  Open and close doors cautiously and use extra caution at blind hallway intersections.  Open only one file cabinet drawer at a time to avoid tip-over. Cabinets should also be loaded from bottom to top and emptied in reverse order.  Report all spills immediately.  Use stepstools, platforms, or ladders for climbing. Never use chairs.  Report or replace frayed electrical cords. Emergency Evacuation Plans and Re-entry: In any emergency, employees should follow alarms or other alerts to evacuate the building and/or area near the premises. Always follow the basic 89 evacuation procedures but remember that personal safety is paramount and takes precedence.  Check work area for anything needing to be secured and store it quickly.  Secure locks on all locking cabinets and containers.  Leave the work area, and report to the designated assembly area. County officials will contact police, fire, or other emergency personnel and coordinate with them to determine when the building may be re-entered. All employees will be provided care, first-aid, and emergency services, as required, for injuries or illness while on County premises. Employees should contact their supervisor, the nearest supervisor, and/or 911 in the event of an accident or emergency. If an employee is injured on the job, the County provides coverage and protection in accordance with the Virginia Workers’ Compensation Act. When an injury is sustained while at work, it must be reported immediately to the employee’s supervisor. Improper Health and Safety Practice: All employees are expected to abide by safe work practices and adhere to general safety rules to ensure their safety as well as the safety of co-workers. Infractions of County health and safety practices will be dealt with in accordance with the County’s disciplinary policy. Article XV EMPLOYEE SAFETY PROGRAM (Revised September, 2015) Section 15.0 90 Employee Safety Program Isle of Wight County has implemented an Employee Safety Program to ensure the safety and health of our employees. Our employees are essential in the delivery of services to Isle of Wight County residents. Employee injuries can result in the loss of skilled employees in key positions and could significantly impair the resources of this organization. Injuries also cause undue suffering and can lead to permanent disabilities that impact the quality of life. Finally, employee injuries result in a financial loss to the County that ultimately changes how resources can be allocated to our citizens and employees. The County, with the assistance and cooperation of the staff, can make our organization a safe place to work. Safe work habits and the proper use of appropriate equipment is expected of all employees of the County. It is the policy of Isle of Wight County that all County employees comply with all elements of the Employee Safety Program. The written Safety and Health section of the Personnel Policy Manual will serve as a resource for proper procedures dealing with employee safety matters. Section 15.1 General Safety Rules The County's primary objective is to ensure the safety and health of our employees, and to protect county property. Our goal is to provide safe and healthful working conditions for all County Employees. Safety procedures and rules have been developed to address behaviors and work practices that can lead to accidents and injuries. Each employee should become familiar with and follow safe work procedures and rules. Supervisors must enforce safe work practices through strict adherence to safety rules. Most accidents can be prevented if everyone uses assigned safety equipment and follows the established safety rules. To operate a safe and successful organization, we must work as a team to think safe, work safe and be safe. Communication of Safety Rules 91 Communication of safety rules is accomplished by:  Distribution of safety procedures and rules during New Hire Orientation  Published in the County Policy Manual  Posting throughout the facility  Ongoing refresher training  On-the-spot corrections and reinforcement by supervisors Additional Operating Safety Rules The County has additional safety rules for specific operations and departments that apply to those engaged in hazardous work areas or operations. Examples of these rules are contained in standard operating procedures such as those for:  Confined Space Entry  Welding Safety  Forklift Safety Posting of General Safety Rules The following General Safety Rules will be posted in conspicuous places in all County offices and/or work areas:  Report all work injuries and illnesses immediately.  Report all unsafe acts or unsafe conditions to your supervisor.  Use seat belts when on County business in any vehicle.  Firearms, weapons, or explosives are not permitted on County property unless specifically authorized.  Use, possession, sale or being under the influence of illegal drugs, misuse of prescription drugs and/or alcohol is not permitted on County property or while "on duty".  Report any medication you are taking that may impact your ability to perform your job safely to your supervisor or Human Resources.  Only authorized and trained employees may repair or adjust machinery 92 and equipment. Lockout-Tagout Procedures must be followed before removing any machine guards or working on powered machinery and equipment. Replace all guards when the job is completed.  Only qualified and trained employees may work on or near exposed energized electrical parts or electrical equipment. Follow electrical safety rules when working with electrically powered machinery and equipment.  Only authorized and trained employees may enter a posted confined space. All permit required confined spaces will be posted Confined Space - Permit Required. Entry is allowed only after permits are properly issued.  Only authorized and trained employees may dispense or use chemicals. It is your responsibility to know where Material Safety Data Sheets (MSDS) are located and that they are available for your use and review. These need to be kept in a location that is accessible to employees. They cannot be locked in an office.  Keep work areas clean and aisles clear. Do not block emergency equipment or exits.  Wear and use the prescribed Personal Protective Equipment. This includes foot protection, head protection, gloves, etc.  Smoking by employees is permitted only in the designated "Smoking Areas".  Read and observe all signs and warnings.  Inappropriate behavior, such as horseplay, fighting and practical jokes are extremely dangerous and will not be tolerated.  Persons working alone should check in regularly with his/her supervisor or appropriate contact to ensure safety.  Always keep your work area clean and orderly. Poor housekeeping is a common cause of accidents.  Flammable liquids are only to be handled and stored in CSA approved safety containers.  Always select the correct ladder for the job, use it correctly, and inspect the ladder for defects prior to use.  If something looks unsafe, it probably is… IF YOU ARE IN DOUBT…. ASK! 93 Failure to follow the above rules may cause serious injury and/or illness. Disciplinary action, up to and including termination, will be used to assure rule enforcement. Please use common sense and think before you act. If you are not sure how to complete a job or task safely or have any questions, ask your supervisor. Section 15.2 Personal Protective Equipment Isle of Wight County provides employees with required Personal Protective Equipment (PPE) appropriate to the task and known hazards. This policy covers the requirements for Personal Protective Equipment with the exception of PPE used for respiratory protection or PPE required for hazardous material response to spills or releases. Applicable OSHA Standards are: 1910.132, 1910.133, 1910.136, 1910.138. General Rules All personal protective equipment shall be of safe design and construction for the work to be performed. Hazard analysis procedures shall be used to assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE). If such hazards are present, or likely to be present, the following actions will be taken:  Select, and have each affected employee use, the proper PPE  Communicate selection decisions to each affected employee  Select PPE that properly fits each affected employee. Defective or damaged personal protective equipment shall not be used. All employees who are required to use PPE shall be trained to know at least the following:  When PPE is necessary;  What PPE is necessary; 94  How to properly don, remove, adjust, and wear PPE;  The limitations of the PPE; and  The proper care, maintenance, useful life and disposal of the PPE. Each affected employee shall demonstrate an understanding of the training and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE. Training for PPE is required by OSHA and shall be accomplished by using the Job Safety Checklist to verify that each affected employee has received and understands the required PPE training. Personal Protective Equipment Selection PPE devices alone should not be relied on to provide protection against hazards, but should be used in conjunction with guards, engineering controls, and sound safe work practices. The general procedure for selection of protective equipment is to: 1. become familiar with the potential hazards and the type of protective equipment that is available, and what it can do; i.e., splash protection, impact protection, etc.; 2. compare the hazards associated with the environment; i.e., impact velocities, masses, projectile shape, radiation intensities, with the capabilities of the available protective equipment; 3. select the protective equipment which ensures a level of protection greater than the minimum required to protect employees from the hazards, and 4. fit the user with the protective device and give instructions on care and use of the PPE. It is very important that end users be made aware of all warning labels for and limitations of their PPE. Careful consideration must be given to comfort and fit. PPE that fits poorly will not afford the necessary protection. Continued wearing of the device is more likely if it fits the wearer comfortably. Protective devices are generally 95 available in a variety of sizes. Care should be taken to ensure that the right size is selected. Adjustments should be made on an individual basis for a comfortable fit that will maintain the protective device in the proper position. Particular care should be taken in fitting devices for eye protection against dust and chemical splash to ensure that the devices are sealed to the face. In addition, proper fitting of helmets is important to ensure that it will not fall off during work operations. In some cases a chin strap may be necessary to keep the helmet on an employee's head. (Chin straps should break at a reasonably low force, however, so as to prevent a strangulation hazard). Where manufacturer's instructions are available, they should be followed carefully. Appendix A includes the PPE checklist and selection guidelines. Eye and Face Protection Each affected employee shall use appropriate eye or face protection when exposed to eye or face hazards from flying particles, molten metal, liquid chemicals, acids or caustic liquids, chemical gases or vapors, or potentially injurious light radiation. Each affected employee shall use eye protection that provides side protection when there is a hazard from flying objects. Detachable side protectors are acceptable. Each affected employee who wears prescription lenses while engaged in operations that involve eye hazards shall wear eye protection that incorporates the prescription in its design, or shall wear eye protection that can be worn over the prescription lenses without disturbing the proper position of the prescription lenses or the protective lenses. Eye and face PPE shall be distinctly marked to facilitate identification of the manufacturer. Protective eye and face devices must comply with ANSI Z87.1-1989 or be demonstrated to be equally effective. Head Protection 96 All head protection is designed to provide protection from impact and penetration hazards caused by falling objects. Head protection is also available which provides protection from electric shock and burn. When selecting head protection, knowledge of potential electrical hazards is important. Where falling object hazards are present, helmets must be worn. Some examples include: working below other workers who are using tools and materials which could fall; working below machinery or processes which might cause material or objects to fall; and working on exposed energized conductors. Protective helmets must comply with ANSI Z89.1-1986 or be demonstrated to be equally effective. Foot Protection Each affected employee shall wear protective footwear when working in areas where there is a danger of foot injuries due to falling or rolling objects, or objects piercing the sole, and where employee's feet are exposed to electrical hazards. Safety shoes and boots provide both impact and compression protection. Where necessary, safety shoes can be obtained which provide puncture protection. In some work situations, metatarsal protection should be provided, and in other special situations electrical conductive or insulating safety shoes would be appropriate. Safety shoes or boots with impact protection shall be required for carrying or handling materials such as packages, objects, parts or heavy tools, which could be dropped; and, for other activities where objects might fall onto the feet. Safety shoes or boots with compression protection shall be required for work activities involving skid trucks (manual material handling carts) around bulk rolls (such as paper rolls) and around heavy pipes, all of which could potentially roll over an employee's feet. Safety shoes or boots with puncture protection would be required where sharp objects such as nails, wire, tacks, screws, large staples, scrap metal etc., could be stepped on by employees causing a foot injury. Protective footwear must comply with ANSI Z41.1-1991 or be demonstrated to be equally effective. 97 Hand Protection Hand protection is required when employees' hands are exposed to hazards such as those from skin absorption of harmful substances; severe cuts or lacerations; severe abrasions; punctures; chemical burns; thermal burns; and harmful temperature extremes. Selection of hand PPE shall be based on an evaluation of the performance characteristics of the hand protection relative to the task(s) to be performed, conditions present, duration of use, and the hazards and potential hazards identified. Gloves are often relied upon to prevent cuts, abrasions, burns, and skin contact with chemicals that are capable of causing local or systemic effects following dermal exposure. There is no glove that provides protection against all potential hand hazards, and commonly available glove materials provide only limited protection against many chemicals. Therefore, it is important to select the most appropriate glove for a particular application and to determine how long it can be worn, and whether it can be reused. It is also important to know the performance characteristics of gloves relative to the specific hazard anticipated; e.g., chemical hazards, cut hazards, flame hazards, etc. Appendix A CHECKLIST ON NEED FOR PPE TYPICAL OPERATIONS OF CONCERN YES NO EYES Do you perform tasks, or work near employees who perform tasks, that might produce airborne dust or flying particles? Sawing, cutting, drilling, sanding, grinding, hammering, chopping, abrasive blasting, punch press operations, etc. Do you handle, or work near employees who handle, hazardous liquid Pouring, mixing, painting, cleaning, syphoning, dip tank operations, dental and health care services, etc. 98 chemicals or encounter blood splashes? Are your eyes exposed to other potential physical or chemical irritants? Battery charging, installing fiberglass insulation, compressed air or gas operations, etc. Are you exposed to intense light or lasers? Welding, cutting, laser operations, etc. FACE Do you handle, or work near employees who handle, hazardous liquid chemicals? Pouring, mixing, painting, cleaning, syphoning, dip tank operations, etc. Is your face exposed to extreme heat? Welding, pouring molten metal, smithing, baking, cooking, drying, etc. Are your employees’ faces exposed to other potential irritants? Cutting, sanding, grinding, hammering, chopping, pouring, mixing, painting, cleaning, syphoning, etc. HEAD Might tools or other objects fall from above and strike you on the head? Work stations or traffic routes located under catwalks or conveyor belts, construction, trenching, utility work, etc. Is your head, when they stand or bend, near exposed beams, machine parts, pipes, etc.? Construction, confined space operations, building maintenance, etc. Do you work with or near exposed electrical wiring or components? Building maintenance; utility work; construction; wiring; work on or near communications, computer, or other high tech equipment; arc or resistance welding; etc. FEET 99 Might tools, heavy equipment, or other objects roll, fall onto, or strike your feet? Construction, plumbing, smithing, building maintenance, trenching, utility work, grass cutting, etc. Do you work with or near exposed electrical wiring or components? Building maintenance; utility work; construction; wiring; work on or near communications, computer, or other high tech equipment; arc or resistance welding; etc. Do you handle, or work near employees who handle, molten metal? Welding, foundry work, casting, smithing, etc. Do you work with explosives or in explosive atmospheres? Demolition, explosives manufacturing, grain milling, spray painting, abrasive blasting, work with highly flammable materials, etc. HANDS Do your hands come into contact with tools or materials that might scrape, bruise, or cut? Grinding, sanding, sawing, hammering, material handling, etc. Do you handle chemicals that might irritate skin, or come into contact with blood? Pouring, mixing, painting, cleaning, syphoning, dip tank operations, health care and dental services, etc. Do work procedures require you to place your hands and arms near extreme heat? Welding, pouring molten metal, smithing, baking, cooking, drying, etc. Are your hands and arms placed near exposed electrical wiring or components? Building maintenance; utility work; construction; wiring; work on or near communications, computer, or other high tech equipment; arc or 100 resistance welding; etc. BODY Is your body exposed to irritating dust or chemical splashes? Pouring, mixing, painting, cleaning, syphoning, dip tank operations, machining, sawing, battery charging, installing fiberglass insulation, compressed air or gas operations, etc. Is your body exposed to sharp or rough surfaces? Cutting, grinding, sanding, sawing, glazing, material handling, etc. Is your body exposed to extreme heat? Welding, pouring molten metal, smithing, baking, cooking, drying, etc. Is your body exposed to acids or other hazardous substances? Pouring, mixing, painting, cleaning, syphoning, dip tank operations, etc. HEARING Are you exposed to loud noise from machines, tools, music systems, etc.? Machining, grinding, sanding, work near conveyors, pneumatic equipment, generators, ventilation fans, motors, punch and brake presses, etc. Selection chart guidelines for eye and face protection The following chart provides general guidance for the proper selection of eye and face protection to protect against hazards associated with the listed hazard "source" operations. Source Hazard Protection IMPACT - Chipping, grinding machining, masonry work, woodworking, sawing, drilling, chiseling, powered fastening, riveting, and sanding Flying fragments, objects, large chips, particles, sand, dirt, etc. Spectacles with side protection, goggles, face shield For severe 101 exposure, use face shield HEAT-Furnace operation and arc welding Hot sparks Face shields, spectacles with side. For severe exposure use face shield.* CHEMICALS-Acid and chemical handling, degreasing, plating Splash Goggles, eyecup and cover types. For severe exposure, use face shield. DUST - Woodworking, buffing, general, buffing, general dusty conditions. Nuisance dust Goggles, eye cup and cover type *Face shields do not provide eye protection alone. They must be worn with safety glasses and/or goggles. Selection guidelines for head protection All head protection is designed to provide protection from impact and penetration hazards caused by falling objects. Head protection is also available which provides protection from electric shock and burn. When selecting head protection, knowledge of potential electrical hazards is important. Class A helmets, in addition to impact and penetration resistance, provide electrical protection from low-voltage conductors (they are proof tested to 2,200 volts). Class B helmets, in addition to impact and penetration resistance, provide electrical protection from high-voltage conductors (they are proof tested to 20,000 volts). Class C helmets provide impact and penetration resistance (they are usually made of aluminum which conducts electricity), and should not be used around electrical hazards. Selection guidelines for hand protection 102 Before purchasing gloves, request documentation from the manufacturer that the gloves meet the appropriate test standard(s) for the hazard(s) anticipated. Other factors to be considered for glove selection in general include:  As long as the performance characteristics are acceptable, in certain circumstances, it may be more cost effective to regularly change cheaper gloves than to reuse more expensive types.  The work activities of the employee should be studied to determine the degree of dexterity required, the duration, frequency, and degree of exposure to the hazard, and the physical stresses that will be applied. Selection of gloves for protection against chemical hazards  The toxic properties of the chemical(s) must be determined; in particular, the ability of the chemical to cause local effects on the skin and/or to pass through the skin and cause systemic effects.  Generally, any "chemical resistant" glove can be used for dry powders;  For mixtures and formulated products (unless specific test data are available), a glove should be selected on the basis of the chemical component with the shortest breakthrough time, since it is possible for solvents to carry active ingredients through polymeric materials.  Employees must be able to remove the gloves in such a manner as to prevent skin contamination. Section 15.3 Hazard Communication & Chemical Safety Program The OSHA Hazard Communication Standard was promulgated to ensure that all chemicals would be evaluated and that information regarding the hazards would be communicated to employers and employees. The goal of the standard is to reduce the number of chemically related occupational illnesses and injuries. Reference: OSHA Standard 1910.1200. In order to comply with the Hazard Communication Standard, this written program has been established for Isle of Wight County. All departments and divisions of the County are included within this program. Copies of this 103 written program will be available for review by any employee in the following locations:  All Departmental Policy Manuals  On ‘Central’ in the Policies Folder  Human Resources Department  In Material Safety Data Sheet Binders Some chemicals are explosive, corrosive, flammable, or toxic. Other chemicals are relatively safe to use and store but may become dangerous when they interact with other substances. To avoid injury and/or property damage, persons who handle chemicals in any area of the County must understand the hazardous properties of the chemicals. Before using a specific chemical, safe handling methods and health hazards must always be reviewed. Supervisors are responsible for ensuring that the equipment needed to work safely with chemicals is accessible and maintained for all employees on all shifts. The basic components of this program include:  Hazardous Chemical Inventory List – listed alphabetically  Material Safety Data Sheets  Labels and Other Forms of Warning  Employee Information and Training  Non-Routine Tasks  On-site Contractors  General Chemical Safety  Program Review Hazardous Chemical Inventory List A list of all known hazardous chemicals (products) used by Isle of Wight County employees is contained in Appendix A of this written program. A list of hazardous chemicals used by each department is kept with material safety data sheets in Human Resources, E911, Emergency Services, General Services, Parks and Recreation, and the Museum. Hazard Determination 104 All hazardous chemicals in the County are purchased materials; there are no manufactured or intermediate hazardous chemicals. Therefore, Isle of Wight County shall rely on the hazard determination made by the chemical manufacturer as indicated on the MSDS. Material Safety Data Sheets (MSDS) When chemicals are ordered, the Purchasing Technician shall specify on the purchase order that chemicals are not to be shipped without corresponding material safety data sheets. When MSDSs arrive, they will be reviewed for completeness by the Safety and Training Coordinator. Should any MSDS be incomplete, correspondence will be sent immediately to the manufacturer requesting the additional information. A complete file of MSDSs for all hazardous chemicals to which employees of this County may be exposed will be kept in labeled binders in Human Resources, E911, Emergency Services, General Services, Parks and Recreation, and the Museum. MSDSs for hazardous chemicals used by departments will be kept in labeled binders in the main office area of the respective departments. MSDSs will be available for employees during each work shift. Should MSDSs be unavailable, please contact the Safety and Training Coordinator at 365-6263 immediately. MSDSs will be reviewed annually by the Safety and Training Coordinator. Should there be any MSDS that has not been updated within the past year, a new MSDS will be requested. After three documented requests for an MSDS have been unsuccessful, the problem will be reported to the nearest Virginia Occupations Safety and Health (VOSH) office. You can find many MSDSs available on-line. Labels and Other Forms of Warning 105 The Hazard Communication Standard requires that hazardous chemicals be labeled by manufacturers. The label must contain the following:  Chemical identity;  Appropriate hazard warnings; and  Name & address of chemical manufacturer, importer, or other responsible party When chemicals are ordered by the Purchasing Technician, the purchase order will indicate the need for the above stated information to be included on the labels. Upon delivery of chemicals, the Department Director or Manager will ensure that chemicals are labeled properly. Any chemicals without proper labeling will not be accepted. When chemicals are transferred from the manufacturer's containers to secondary containers, the Manager or Supervisor of each department will ensure that the containers are labeled with the identity of the chemicals and appropriate hazard warnings (i.e. gas – fire hazard, Round-Up – eye warning). The entire labeling procedure will be reviewed annually by the Safety and Training Coordinator and changed as necessary. Employee Information and Training As part of the new employee orientation process, employees of Isle of Wight County will attend a safety orientation program. Employees are responsible for reading and complying with manufacturer’s directions. The Training and Safety Coordinator will be responsible for organizing and conducting the initial training. This training will consist of general training covering:  Location and availability of the written Hazard Communication Program;  Location and availability of the List of Chemicals used in the workplace;  Methods and observation used to detect the presence or release of a hazardous chemical in the workplace;  Information contained in a MSDS for employee’s to protect themselves;  The specific physical and health hazard of chemicals in the workplace;  Specific control measures for protection from physical or health hazards; 106  Explanation of the chemical labeling system; and  Location and use of MSDS Job Specific Training Employees will receive on the job training from their supervisor. This training will cover the proper use, inspection and storage of necessary personal protective equipment and chemical safety training for the specific chemicals they will be using or will be working around. Annual Refresher Training Annual Hazard Communication refresher training will be conducted as part of the County’s continuing safety training program. Immediate On-the-Spot Training This training will be conducted by supervisors for any employee that requests additional information or exhibits a lack of understanding of the safety requirements. Following each training session, the employee is required to sign and date the training record verifying attendance. Before any new employee can begin work which requires the use of or potential exposure to hazardous chemicals, training as indicated for new employees must be completed. Additional training will be provided with the introduction of each new hazard. Records of the additional training will be maintained. Non-Routine Tasks Non-routine tasks are defined as working on, near, or with unlabeled piping, unlabeled containers of an unknown substance, confined space entry where a hazardous substance may be present and/or a one-time task using a hazardous substance differently than intended (example: using a solvent to remove stains from tile floors). Steps for Non-Routine Tasks: 107 Step 1: Hazard Determination Step 2: Determine Precautions Step 3: Specific Training & Documentation Step 4: Perform Task The Department Supervisor and the Safety and Training Coordinator will evaluate all non-routine tasks before the task commences to determine all hazards present. Once the hazard determination is made, the Department Supervisor and the Safety and Training Coordinator will determine the necessary precautions needed to either remove the hazard, change to a non- hazard, or protect from the hazard (use of personal protective equipment) to safeguard the employees present. In addition, the Department Supervisor or Training and Safety Coordinator will provide specific safety training for employees present or affected and will document the training. Prior to an employee beginning a hazardous non-routine task, he/she must report to the Department Supervisor to determine the hazards involved and the protective equipment required. All outside contractors working inside County Facilities are required to follow the requirements of their own Hazard Communication Program. The County will provide the contractors a copy of the Hazard Communication Program when requested. Contractors are responsible for any chemicals they bring to the facility and notifying the appropriate staff of the chemical. General Chemical Safety Assume all chemicals are hazardous. The number of hazardous chemicals and the number of reactions between them is so large that prior knowledge of all potential hazards cannot be assumed. Use chemicals in as small quantities as possible to minimize exposure and reduce possible harmful effects. The following general safety rules shall be observed when working with chemicals:  Read and understand the Material Safety Data Sheets.  Keep the work area clean and orderly. 108  Use the necessary safety equipment.  Carefully label all secondary containers with the identity of the contents and appropriate hazard warnings.  Store incompatible chemicals in separate areas.  Substitute less toxic materials whenever possible.  Limit the volume of volatile or flammable material to the minimum needed for short operation periods.  Ensure primary labels are legible and intact.  Provide means of containing the material if equipment or containers should break or spill their contents. Task Evaluation Each task that requires the use of chemicals should be evaluated to determine the potential hazards associated with the work. This hazard evaluation must include the chemical or combination of chemicals that will be used in the work, as well as other materials that will be used near the work. If a malfunction during the operation has the potential to cause serious injury or property damage, a Safe Operational Procedure (SOP) should be prepared and followed. Operations must be planned to minimize the generation of hazardous wastes. Chemical Storage The separation of chemicals (solids or liquids) during storage is necessary to reduce the possibility of unwanted chemical reactions caused by accidental mixing. Use either distance or barriers (e.g., trays) to isolate chemicals into the following groups:  Flammable Liquids: store in approved locations where available or as directed by Safety and Training Coordinator.  Acids: treat as flammable liquids  Bases: do not store bases with acids or any other material  Other liquids: ensure other liquids are not incompatible with any other chemical in the same storage location.  Lips, strips, or bars are to be installed across the width of storage 109 shelves to restrain the chemicals in case of earthquake. Probably not needed. Chemicals will not be stored in the same refrigerator used for food storage. If a refrigerator is used to store chemicals, a label on the door must appropriately identify refrigerators used for storing chemicals. Emergencies and Spills  In case of an emergency, implement the following:  Evacuate people from the area.  Isolate the area.  If the material is flammable, turn off ignition and heat sources.  Only personnel specifically trained in emergency response are permitted to participate in chemical emergency procedures beyond those required to evacuate the area.  Call for emergency assistance if required. Housekeeping  Maintain the smallest possible inventory of chemicals to meet immediate needs.  Periodically review stock of chemicals on hand.  Ensure that storage areas, or equipment containing large quantities --of chemicals, are secure from accidental spills.  Rinse emptied bottles that contain acids or inflammable solvents before disposal.  DO NOT Place hazardous chemicals in salvage or garbage receptacles.  DO NOT Pour chemicals onto the ground.  DO NOT Dispose of chemicals through the storm drain system.  DO NOT Dispose of highly toxic, malodorous chemicals down sinks or sewer drains. It is good to periodically purge old chemicals that are no longer needed. Program Review 110 This written Hazard Communication Program for Isle of Wight County will be reviewed by the Safety and Training Coordinator annually and updated as necessary. Appendix A ISLE OF WIGHT COUNTY CHEMICAL INVENTORY Chemicals/products used in this organization: Acetone Ammonium Sulfate Regular Athletic Field Marking Paint Dura Stripe White and Colors Austin A-1 Bleach Brite 40:1 Brite RTU Window Cleaner Butacite Cleaner & Conditioner Clorox Regular Bleach Commercial Solutions Pine Sol Brand Cleaner Disinfectant Spray DPD Free Chlorine Reagent DPD Total Chloring Reagent Drive 75 DF Herbicide Embark 2S Plant Growth Regulator GLY-4 GLY-4 Plus GOJO Natural Orange Pumice Hand Cleaner Gordon's MSMA Herbicide Gordon's Professional Turf and Ornamental Products Trimec Classic Brand Broadleaf Herbicide Graffiti-X Green Hydro Clean Green Thumb Wasp & Hornet Killer Formula IV Heinz Pure White Vinegar Hilcolube HP Super 111 Hydrochloric Acid Isopropyl Alcohol Klucel G Lemon Odor Disinfectant Spray Mathe Magnesium Stearate Microcrystalline Wax Mr. Clean All-purpose Cleaner Oatey Purple Primer NSF Oatey Rain-R-Shine PVC Cement Off FamilyCare Insect Repellent IV Unscented with Aloe Vera Orange-Solv Ortho Home Defense Max Perimeter & Indoor Insect Control ORVIS WA Surfactant Paste Palaloid B-72 100% Resin Paper Saver-Bulk Paper Saver-Spray Paraloid B-67 100% Resin Pine Quat 64 Disinfectant Pramitol 25E Pre-lim Surface Cleaner Pro Link Disinfectant Spray Purell Instant Hand Sanitizer Quick Dry Renaissance Wax Polish San-O 128 Self-Indicating (blue) Silica Gel SH/CG4 Heavy Duty Motor Oil 15W-40 Silica Gel Sterile Eyesaline Solution Stihl Bar & Chain Lubricant Sun Skeeter Insect Repellant & Sunscreen Towel Sunscreen Wipes Tannic Acid WD-40 Aerosol Windex Powerized Glass Cleaner (RTU) XO-Rust Enamel 112 Section 15.4 Accident Reporting and Investigation Plan An accident reporting and investigation plan prescribes methods and practices for reporting and investigating accidents that can be read and understood by all managers, supervisors, and employees. No matter how conscientious the safety effort at Isle of Wight, accidents are going to happen sometimes due to human or system error. This written Accident Reporting and Investigation Plan is intended to demonstrate Isle of Wight County’s compliance with the requirements in 29 CFR 1904 by:  prescribing methods and practices for reporting and investigating accidents; and  providing a means to deal with workplace accidents in a standardized way. In addition, it is the policy of Isle of Wight County to comply with all workers' compensation laws and regulations. The requirements of this plan apply to all operations and departments at Isle of Wight County. Administrative Duties The Safety and Training Coordinator, is responsible for developing and maintaining this written Accident Reporting and Investigation Plan. This written Accident Reporting and Investigation Plan is kept in the following locations:  All Departmental Policy Manuals  On ‘Central’ in the Policies Folder  Human Resources Department Enforcement 113 Constant awareness of and respect for all safety rules are considered conditions of employment. Isle of Wight County will use the disciplinary procedure as indicated in Chapter I, Article 7 for failure to follow the guidelines of this Safety Program. Accident Reporting Procedures Employees injured on the job are to report the injury to their supervisor as soon as possible after the incident / accident. The incident / accident must be reported before the end of the work period. Near miss accidents or incidents (when an employee nearly has an accident but is able to avoid it) should be reported as well. The supervisor must be immediately notified when an incident/accident occurs. If the supervisor is not available, the Department Director, Department Manager or the Safety and Training Coordinator should be notified instead. Any employee witnessing an accident at work is to call for emergency help or whatever assistance appears to be necessary. In addition, the employee is immediately to report the accident to his or her supervisor and take part in answering questions related to the Accident Report and Accident Investigation. Accident Investigation Procedures A thorough investigation of all accidents will lead to identification of accident causes and help:  reduce economic losses from injuries and lost productive time;  determine why accidents occur, where they happen, and any trends that might be developing;  employees develop an awareness of workplace problems and hazards;  identify areas for process improvement to increase safety and productivity;  note areas where training information or methods need to be improved; and,  suggest a focus for safety program development. 114 For all accident investigations, supervisors will perform the following duties:  Conduct the accident investigation at the scene of the injury as soon after the injury as safely possible.  Ask the employee involved in the accident and any witnesses, in separate interviews, to tell in their own words exactly what happened.  Repeat the employee's version of the event back to him/her and allow the employee to make any corrections or additions.  After the employee has given his/her description of the event, ask appropriate questions that focus on causes.  When finished, remind the employee the investigation was to determine the cause and possible corrective action that can eliminate the cause(s) of the accident.  Complete a written accident investigation report with the employee and review data with employee for accuracy. Accidents normally have two or more causes. It is important to properly identify all causes so suitable controls can be implemented. It is important to address IOW safety policies as well as employee action/inaction when investigating any injury. The Safety and Training Coordinator will review each accident investigation to ensure it is complete and thorough. Poorly executed investigations will be returned to the responsible party for revision. Assistance will be available upon request. The accident investigation report is used to:  track and report injuries on a monthly basis;  group injuries by type, cause, body part affected, time of day, and process involved;  determine if any trends in injury occurrence exist and graph those trends if possible;  identify any equipment, materials, policies, procedures, or environmental factors that seem to be commonly involved in injury incidents;  discuss the possible solutions to the problems identified with the safety team and superiors; and 115  proceed with improvements to reduce the likelihood of future injuries. Injury/Medical Issues If a workplace accident results in injury or illness requiring hospitalization of three or more employees or a fatality of one or more employee, the Safety and Training Coordinator or the Director of Emergency Services reports the incident within eight hours by phone or in person to the nearest VOSH office, at 6363 Center Drive, Building 6, Suite 101, Norfolk, VA 23502, (757) 455- 0891. If an injured person is taken to a doctor, a statement from the doctor will be attached to the Accident Report form. Employees with workplace injuries will fall under the County’s Worker’s Compensation Program. Any time an associate is away from work because of an accident on-the-job, it should be recorded on the time sheet as Worker’s Compensation Leave. Recordkeeping The Safety and Training Coordinator and the Department of Human Resources are responsible for maintaining the following records and documentation:  OSHA 300 log of injuries and illnesses  Accident investigation reports  Training records Training This plan is an internal document guiding the action and behaviors of employees, so they need to know about it. To communicate the new accident reporting and investigation plan, all employees are given a thorough explanation as to why the new plan was prepared and how individuals may be affected by it. 116 The information and requirements of this written plan are presented to employees by:  New Employee Orientation  Presentations  Policy Dissemination Program Evaluation The accident reporting and investigation program is evaluated annually and updated if necessary by the Training and Safety Coordinator to determine whether the plan is being followed and if further training may be necessary. Section 15.0 Management Commitment to Safety The executive team of Isle of Wight County is committed to providing its employees with a safe and healthy workplace. It is the county’s basic philosophy that all incidents are preventable, when the causes are known. It is the County’s position that:  A safe and healthy work environment will be provided for the protection of its most vital resources-its employees. Employee safety is of the greatest importance at all levels of management and supervision, ranking in importance above all other things. Personal safety will not be compromised for any reason.  Management is accountable for the prevention of workplace injuries and illnesses. Management provides direction and full support to supervisors and employees regarding safety and health, job training and hazard-elimination procedures. Management will develop and communicate clear goals and objectives and provide the resources and authority necessary to correct unsafe conditions and implement changes to improve workplace safety.  Supervisors are directly responsible for supervising and training their employees in proper procedures, work practices and safe methods. Supervisors must enforce county rules and take immediate corrective 117 action to eliminate hazardous conditions and practices. They will not permit safety to be sacrificed for any reason.  Management and supervisors will be held accountable for ensuring employees are aware of workplace hazards and are trained to work safely.  Management will take disciplinary action against an employee who willfully or repeatedly violates safety rules.  Employees’ workplace recommendations to improve health and safety conditions will be given full consideration by management.  All employees, regardless of his or her position within the county, share the responsibility for safety and are fully responsible for their own safety and the safety of those with whom they work. All employees are expected to cooperate in all aspects of the safety program including these requirements: o Perform all work tasks in a safe manner. o Report all incident, injuries and unsafe conditions to their supervisors immediately. o Participate in Safety and Wellness Council activities and support council membership. Program Administration and Overview Purpose The purpose of the Isle of Wight County Employee Safety Program is to prevent human suffering and conserve resources as a result of employees serving our community in a safe manner. The safety policies, rules and safe work practices contained in this program provide the minimum requirements for safety and health. Objectives This program was developed in accordance with the Isle of Wight County personnel policies as well as the U.S. Department of Labor Occupational Safety and Health Act (OSHA), State of Virginia Occupational Safety and Health Act (VOSH) and other pertinent safety directives. 118 Applicability County employees, official appointees of the Board of Supervisors, volunteers, and all others who are required to adhere to the County’s policies shall be governed by this policy. The members of the Board of Supervisors and Constitutional Officers and their staffs will use this policy as a guide when conducting County business. For the purposes of this Policy the phrase “county employee and volunteer” is intended to include all persons referenced in paragraph 1 of this section. Responsibilities Operating an effective occupational safety and health program is an inherent responsibility of management at all levels. Each responsible official must ensure all personnel assigned to their department are provided a safe and healthy working environment. Annual performance evaluations will show personal accountability in this respect, with recognition for superior performance and, conversely, administrative actions as proper for deficient performance. All Isle of Wight County employees are charged with the responsibility and support of the Employee Safety Program objectives. All employees are expected, as a condition of employment, to adopt the concept that the safe way to perform a task is the most efficient and the only acceptable way to perform it. Failure to follow safe work practices will be subject to disciplinary action for both employee and supervisor. A. Department/Agency Head 1. Ensure reasonable safety procedures and work practices pertinent to department functions are developed and provided to employees. 2. Ensure adequate job training and continuing safety instruction is provided for all employees. 3. Ensure an overview of the safety program pertinent to the department is presented to all new employees during job orientation. 4. Designate a Safety Liaison to internally manage departmental safety training and equipment needs. 119 5. Ensure safety training and equipment costs are included in the department’s annual budget request. 6. Serve or provide appropriate representation on the Safety and Wellness Council. 7. Ensure accidents are properly and thoroughly investigated as to cause and prevention. File proper reports and all pertinent facts in a timely manner with the Risk Management Coordinator. 8. Ensure that all inspections and audits for their divisions are completed by established guidelines. 9. Ensure that all identified safety deficiencies are corrected in a timely manner. 10. Cooperate with the Risk Management Coordinator in matters of safety and safety program development. 11. Set a good example for safety by working in a safe manner and encouraging others to do so. B. Risk Management Coordinator 1. Review all accident reports for completeness and recommend actions or further review. Perform follow-up inspections as necessary. 2. Prepare statistical and informational reports which detail the progress or status of the Employee Safety Program. 3. Review supervisor’s inspections reports and recommend appropriate action on non-compliant items. 4. Conduct inspections of work sites and conditions as outlined in the policy. 5. Develop a suggestion or safety complaint procedure and review all submissions. 6. Offer the required expertise to ensure that programs are meeting or exceeding minimum federal and state regulations. 7. Review departmental safety training and equipment requests and make appropriate budget recommendations to the County Administrator. 120 8. Research state and federal laws and regulations for changes or updates to employer-mandated training requirements. 9. Locate and schedule safety trainings as requested by departments. 10. Maintain a safety training database to monitor training compliance. 11. Produce statistical reports, safety bulletins and related safety awareness material. 12. Develop and oversee the County wide new employee orientation program; providing awareness level training. C. Supervisors 1. Maintain a safe work environment free of recognized hazards for employees working under their supervision. 2. Require that their employees comply with safe rules and practices, whether or not this program covers those rules or practices. 3. Adequately inform employees of safety and health issues and procedures and ensure compliance as issues and policies are communicated from the Department/Agency Head or the Risk Management Coordinator. 4. Inform employees to report accidents when they happen no matter how minor. 5. As soon as practical, provide information to an employee’s supervisor when an employee not directly under his/her supervision reports an accident. 6. Ensure that employees are provided the necessary training to perform required tasks in a safe and healthful manner. 7. Provide basic job training and safety instruction to new employees to help prevent accidents. 8. Promptly and thoroughly investigate all accidents/incidents, near accidents and complete required reports. 9. Set a positive example by performing tasks in a safe manner. 10. Conduct self-inspections of work sites and conditions. 121 11. Correct any unsafe act or condition, which might result in an accident in a timely manner. 12. Determine departmental safety training and equipment needs and make appropriate recommendations to the Department/Agency Head for budget inclusion. 13. Purchase and issue PPE and safety equipment to employees under their supervision and provide basic job training on its proper use and care. 14. Ensure all department employees meet and maintain mandated safety training requirements. 15. Cooperate with the Risk Management Coordinator in matters of safety and safety program development. 16. Set a good example for safety by working in a safe manner and encouraging others to do so. D. Safety Liaison 1. Communicate departmental safety training requirements to the Risk Management Coordinator for scheduling. 2. Maintain departmental safety training database to document and monitor attendance and certifications. 3. Assist the supervisor with maintaining required safety program documentation for the department. E. Employees 1. Promptly report all work related injuries and vehicle accidents to their supervisor and cooperate with all investigations when employee has information relating to an accident or injury. 2. Promptly report all unsafe practices or conditions to his or her supervisor. 3. Become familiar with and observe all approved safety policies and procedures for his or her work activities, including the use of personal protective equipment. 122 4. Serve on the safety and wellness council when appointed and participate in all required safety and occupational health programs. 5. Inform the supervisor in charge if employee feels for any reason that he or she is unable to perform assigned work in a safe and healthful manner. 6. Immediately notify the supervisor when work being performed is in violation of the provisions of this program or that work is being performed in an unsafe manner. 7. Be subject to disciplinary action in accordance with Chapter 1, Personnel, Article VII, if employee violates safety rules, procedures or standards, or the provisions of this article, or acts in such a manner as to endanger his or her own or another’s personal safety. 8. Inform his or her supervisor when taking medication, which may impair physical or mental alertness and affect ability to perform a job safely. 9. Actively support and participate in approved programs designed to encourage health and safety among employees. 10. Assist and support co-workers in regards to safety practices and procedures. Inspections, Audits and Unsafe Conditions Although the Department/Agency Head, Risk Management Coordinator and VOSH Inspectors periodically inspect the work site, the supervisor is the Key Person to make inspections. Supervisors shall: 1. Conduct regular inspections of all equipment, materials, work-sites and work practices under his or her supervision in accordance with Chapter 1, Personnel, Article 15, Section 15.7. 2. Conduct informal daily inspections of all equipment, materials, work- sites and work practices under his or her supervision. 3. If recognized, immediately stop any unsafe work condition or practice and ensure steps are taken to correct the condition or practice before work is allowed to continue. 123 4. Complete Job Safety Analysis (JSA) in accordance with Chapter 1, Personnel, Article 15, Section15.5 for appropriate tasks. The Risk Management Coordinator will also conduct inspections of work sites and practices on a regular basis. The Risk Management Coordinator shall: 1. Assist supervisors when completing self-inspections when requested and deemed appropriate. The Risk Management Coordinator has the authority to shut down a job if a life-threatening situation is noted during the inspection. The Department/Agency Head shall be called to initiate corrective action. 2. Review submitted supervisory reports to ensure corrective actions have been taken and to recommend further action. 3. Coordinate a comprehensive audit of the county’s safety program on an annual basis. 4. Conduct other inspections as deemed necessary or assist other entities such as OSHA or VOSH with compliance. Performance and Discipline It is recognized that some county employees may intentionally or unintentionally violate work rules, policies or procedures and commit unsafe acts. Therefore, each violation or unsafe act will require immediate attention by supervisors and Department/Agency Heads to determine if disciplinary action is required. It should be emphasized that safe work and driving practices must be enforced for the protection of Isle of Wight County employees and all who are affected by the work of our employees. Supervisors shall consider violations of the safety policies and procedures when completing employee evaluations and recommending future promotions. Employees should realize the impact on themselves and others if they willfully or negligently commit an unsafe act. Training and Education The county is committed to providing employees with the opportunity to improve themselves through participation in training and education programs 124 which will enhance the employee’s ability to perform their job. This training is for both safety and professional development topics. Employees attending training functions or safety meetings provided by the county shall confirm attendance by signing the training attendance roster. The training oversight function is the responsibility of the Risk Management Coordinator. Section 15.1 General Safety and Health The purpose of this program is to provide safety and health guidelines, rules, regulations and procedures for performing common job functions within the County. The listed policies are by no means inclusive of every employee’s job function. It is a listing of those deemed to be the most hazardous, or those with the potential for causing harm to the employee or others around the work area. There are some specialized safety programs which are only briefly explained in this section of the safety program because they are more explicitly detailed in later sections of this policy. A. Personal Conduct 1. Employees shall not be under the influence of any substance, legal or illegal, which adversely affects their ability to perform their duties in any way. No one will report to work under the influence of any controlled substance, to include alcohol. Any employee reporting to work or returning to work under the influence of any illegal drug or alcohol may be terminated. The use or abuse of legal or prescription drugs that adversely affects the employee’s ability to perform their duties in any way will result in the immediate removal from County property, and the employee will be subject to discipline up to and including termination of employment. 2. Controlled Substances may be taken when prescribed by a physician unless their use affects the employee’s ability to perform his/her 125 work safely. It is the employee’s responsibility to notify their supervisor when using this kind of medication. 3. Personal firearms, weapons or explosives are not allowed on any County property except in accordance with Code of Virginia, Section 15.2-915. 4. Seatbelts will be properly worn in any vehicle when on County business. 5. Smoking is permitted in designated smoking areas only. Smoking is not allowed in the vehicles or while operating equipment. 6. Practical joking, fighting, and “horseplay” are strictly forbidden while on duty. 7. Creating or contributing to unsanitary conditions, unsafe conditions or poor housekeeping is not permitted. B. Personal Clothing and Accessories 1. Employees shall not wear loose or flapping clothing or have rags or other objects extending from pockets or belts when working on or in the vicinity of moving machines, motors, engines, etc. 2. Employees shall wear clothing suitable for the weather and safe for the performance of their duties. An employee’s supervisors may require long sleeves or pants for safety reasons at any time. 3. Employees shall not wear dangling or hanging jewelry when working on machinery. It is recommended that rings, wrist or watchbands be removed under conditions noted above. 4. Employees’ hair shall be kept so as to prevent it from being caught or tangled with any part of moving equipment. 5. Department/Agency Heads may establish more specific rules for their departmental functions. C. Office Hazards 1. Tripping hazards shall not be left or placed in aisles or in areas exposed to foot traffic. 126 2. Desk and file drawers and cabinet doors shall not be left open or unattended. To prevent tipping of the file cabinet, not more than one drawer shall be opened at a time. 3. Do not carry pointed or sharp objects in pockets with points unprotected. 4. When sitting in chairs, all of the chair legs shall remain on the floor. 5. Employees shall not run in hallways or stairways. Employees shall use handrails where provided. 6. Employees shall stand clear of all closing elevator doors. When maintenance work is being performed, employees shall not disregard warning signs or barricades. 7. Electrical appliances shall only be used in designated areas and shall have a UL and commercial rating. 8. When lifting, employees shall get assistance when an article is awkward or too heavy. D. Housekeeping Practices 1. Combustible materials such as oil-soaked and paint-covered rags, waste, packing material, and other rubbish shall not be allowed to accumulate on benches, floors, rooms, or yards. The combustible materials shall be stored in designated areas or receptacles a minimum of 6” away from a bulkhead and shall be appropriately identified or labeled. 2. Stairways, aisles, exits, walkways, storage areas and work areas shall be kept free of debris and other obstructions. 3. Material and supplies shall be stored in an orderly manner to prevent their falling, rolling, or spreading and to prevent tripping and stumbling hazards. 4. Floors and platforms shall be kept free of oil, grease, water and other slippery materials unless properly marked with caution signs. 5. Protruding nails should be bent over or removed. 6. Dispose of scrap and waste materials at frequent and regular intervals or at the end of each shift. 127 7. All places of employment, yards, shops, storerooms, vehicles and office facilities and job sites shall be kept clean and orderly and in sanitary condition. The supervisor shall be responsible for proper housekeeping in and around their respective areas. Section 15.2 Shop Work, Machinery, Tools and Equipment General Safety Requirements 1. Employees shall wear personal protective equipment in accordance with Chapter 1, Article XV, Section 15.6. 2. Only authorized and properly trained employees shall operate, maintain, or repair machines and equipment. 3. Employees shall be instructed in the proper use of tools and equipment. 4. Machine guards shall be kept in place except when removed for purpose of inspection or repair. All guards shall be reinstalled immediately following such inspection or repair. Hand Tools, Portable Electronic Tools, and Extension Cords 1. Inspect tools and cords prior to each use. If they appear to be unsafe, the condition should be reported to the supervisor who shall be responsible for seeing they are repaired or replaced. Do not use defective tools or cords until they are repaired or replaced. 2. Select the appropriate tool for the job. 3. Do not lay tools in places from which they can fall. 4. Carry sharp tools in covers or point away from the body. 5. Non-sparking tools shall be used in areas where a fire hazard exists. 6. All portable electric tools shall be double insulated or effectively grounded by means of a three-wire cord and grounding plug. GFCI cords must be used. 7. Extension cords shall not be used for permanent installations. 8. The on/off or dead man switch shall not be taped or restricted. Power Driven Equipment 1. All vehicles/equipment in use shall be inspected at the beginning of each shift to assure that all parts, equipment and accessories that affect 128 safe operation are in proper operating condition. All defects shall be corrected before the vehicle is placed in service. 2. Roll-Over Protection Structures shall be used on all heavy motorized equipment. 3. Safety belts shall be fastened before equipment is operated. 4. The operator shall not leave machinery unattended while idling on an incline or on loose gravel. 5. Aerial lifts, cranes, boom trucks or back hoes shall not be moved from job locations unless the boom has been returned to the cradle position. 6. Employees shall not ride in equipment buckets not designed as manlifts. Forklifts 1. Only employees who have successfully completed training shall operate forklifts. 2. Operators shall lower forks, shut off power and set bakes when leaving a forklift. 3. Forklifts shall be inspected before use. 4. Passengers are not allowed on a forklift. 5. Operators shall wear seatbelts while operating forklifts. Ladders Fixed Ladders 1. Fixed ladders shall be designed in accordance with 29 CFR 1910.27. 2. Ladder safety devices shall be used on elevated storage tanks or other structures where a fixed ladder with safety rail is available. 3. All ladder safety devices such as those that incorporate life belts or body harnesses shall meet the design requirement of the ladder which they serve. 4. Ladder safety devices shall be inspected prior to ascending a ladder. 5. All safety devices must be capable of withstanding, without fail, a drop test of a 500-pound weight dropping 18 inches. Portable Ladders 129 1. Only OSHA approved ladders, in good condition, shall be used. Inspect ladders for defects and dangerous conditions prior to use. Supervisors are responsible to procure ladders appropriate for the work being done and ensure the serviceability of ladders in their work place. 2. Maintain ladder markings in legible condition. 3. Visually inspect ladders before each use. 4. Remove from service ladders with defects which cannot be immediately repaired and ensure they are scheduled for repair or destruction. 5. Straight and extension ladders should be placed with the feet approximately one-fourth of the ladder’s extended length from the wall or object on which the top is resting. When this position is not possible, another employee shall secure the ladder, unless the top is securely lashed. 6. Straight and extension ladders must extend three feet above the support structure. 7. Step ladders will be fully opened and in the locked position before use. 8. When ascending or descending ladders, face the ladder and use both hands for support. An employee’s feet shall never be placed higher than the third rung from the top of a straight ladder, or the second step from the top of a step ladder. 9. Do not use metal or conductive ladders around or near energized conductors or equipment. 10. Only one employee may work on a ladder at a given time unless designed for use by two people. 11. When working from a ladder where the top cannot be lashed or otherwise secured, the reaching distance may not exceed one arm’s length to either side. 12. Carry ladders in the horizontal position only. Section 15.3 Emergency Action Plan Purpose 130 To plan and prepare for workplace emergencies that can be reasonably expected, by auditing the workplace, training employees, obtaining the necessary equipment and assigning responsibilities. These emergencies may include fire, terrorism and natural disasters. Policy Isle of Wight County shall establish an Emergency Action Plan for establishments occupied by county employees. The plan shall be maintained in accordance with this policy and the requirements or 29 CFR 1910 Subpart E. Responsibilities A. Risk Management shall: 1. Assist in the development of plans as required. 2. Audit and spot inspect plans for compliance. 3. Maintain Plan in accordance with this policy and Subpart E of 29 CFR 1910. 4. Conduct annual and spot drills to ensure employee understanding of the Plan. 5. Instruct all newly assigned individuals on the contents of the Plan. B. General Services Building Division: 1. Maintain building floor plans for all buildings housing County employees. Supply updates when building configurations change. Emergency Action Plans A. The emergency action plan shall be maintained and made available to employees for review at all times. B. The emergency action plan shall include the following: 1. Procedures for reporting emergencies; 2. Procedures for emergency evacuation, including type of evacuation and evacuation zone assignments; 3. Procedures to be followed by employees who remain to operate critical operations before they evacuate; 131 4. Procedures to be followed by employees performing rescue or medical duties; and 5. The job title of the employee who may be contacted by employees who need more information about the plan or an explanation of their duties under the plan. Training A. The Risk Management Coordinator shall: 1. Instruct all newly assigned employees in the contents of the Plan 2. Instruct all affected employees whenever there is a change to the Plan 3. Coordinate annual drills to ensure employees understand the contents of the Plan. Section 15.4 Accident/Incident Reporting and Investigation Plan No matter how conscientious the safety effort at Isle of Wight County, accidents are going to happen sometimes due to human or system error. Purpose This written Accident/Incident Reporting and Investigation Plan is intended to demonstrate compliance with the requirements in 29 CFR 1904 by:  prescribing methods and practices for reporting and investigating accidents; and  providing a means to deal with workplace accidents in a standardized way. It is the policy of Isle of Wight County to comply with all workers' compensation laws and regulations. Accident/Incident Reporting and Record Keeping Requirements The Supervisor’s Accident/Incident Investigation Report Form, found in the Risk Management Forms Directory, will be used for the following situations. 1. Motor Vehicle Accidents 2. Damage to County Property 3. Damage to Other Party Property 132 4. Injury to Employee 5. Injury to Other Party The supervisor’s Accident/Incident Investigation Report will be forwarded through the Department/Agency Head to the Risk Management Coordinator within 24 hours after the accident or damage was discovered or the Monday following an occurrence on a weekend. When the accident/incident involves vehicles, damage to County or Other party property or Injury to Other Party the report will also be forwarded to Budget and Finance. Additionally, when the accident/incident involves a County Fleet vehicle the report will be forwarded to the Director of General Services. When an accident/incident occurs the following shall take place: A. The Employee shall: 1. Report the accident/incident to the immediate supervisor as soon as reasonably possible after the accident; while at the scene, when possible. Reports must be made before the end of the work period. 2. Near miss accidents/incidents should be reported as well. 3. Call 911 to summon Police and emergency medical service if needed. 4. When the accident/incident involves a County owned vehicle the operator shall follow procedures outlined in Chapter 4, Fleet, Article I, Section 1.4. 5. Employees who are involved in or who are passengers or witnesses to an accident/incident shall provide a written statement and take part in the supervisor’s investigation. B. The Supervisor shall: 1. Travel to the accident scene, when practicable, and conduct an investigation to ascertain all pertinent information (names, addresses, license numbers, witness information, description of incident, contributing factors, etc.) necessary to complete the Supervisor’s Accident/Incident Investigation Report form. 2. Make every effort to photograph the scene and damage to the vehicles or equipment involved. 133 3. Determine if the Substance Abuse Policy and Procedure, Chapter 1, Personnel, Article XI, Section 11.4 is applicable to the accident. 4. Complete the Supervisor’s Accident/Incident Investigation Report Form with the aid of the employee(s) involved. 5. Forward the completed Supervisor’s Accident/Incident Investigation Report form and all other documentation obtained in the investigation to the Department/Agency Head for Review. C. The Department/Agency Head shall: 1. The Department/Agency Head shall review all accident investigation documentation and forward to the Department of Budget & Finance Accounting Manager, Department of Human Resources Risk Management Coordinator, and when appropriate, the Department of General Services within twenty-four (24) hours of the accident or the Monday following an accident which occurs on a weekend. D. Risk Management Coordinator shall: 1. Be notified of all accidents and assist supervisors at the accident scene if necessary. 2. Obtain additional information if needed. Assist with gathering additional facts or furthering the investigation. 3. Review events surrounding accidents involving County employees or property. As a result of the review, findings may be made as to whether an accident was “Preventable” or “Not Preventable” and recommendations may be made for procedures to put in place to prevent future similar accidents. The findings and recommendations will be presented to the Department/Agency Head and the Director of Human Resources for review and action, if necessary. Any corrective actions of an administrative or disciplinary nature resulting from the findings of the accident review process may be considered and administered by the Director of Human Resources and the appropriate Department/Agency Head. Should disciplinary action be necessary, the employee has the right to appeal in accordance with the grievance procedure in Chapter 1, Personnel, Article VIII. 4. Maintain Accident/incident investigation reports. 134 5. Maintain the OSHA 300 log and compile and submit the required annual OSHA 300 injury reports. 6. If a workplace accident results in injury or illness requiring in-patient hospitalization of an employee or a fatality or dismemberment of one or more employees, report the incident within eight hours to the nearest VOSH office. E. Budget and Finance shall: 1. Complete and submit appropriate property and liability insurance claim forms. Personal Injury All personal injuries must be reported to the supervisor as soon as possible following the injury. The following steps will occur in regard to a workplace injury. 1. Employees will notify his or her supervisor and report the injury in accordance with the workers compensation policy, Chapter 1, Personnel, Article VI, Section 6.6. 2. The supervisor shall notify the Department/Agency Head and the Risk Management Coordinator whenever a workplace injury occurs. 3. When a workplace accident/incident results in a fatality, the loss of a limb, in-patient admittance to a hospital for care, or injury to multiple employees, the supervisor shall report the incident to the Risk Management Coordinator within eight hours so that VOSH may be notified within the mandated time frame. Accident Investigation Requirements A thorough investigation of all accidents will lead to identification of accident causes and help:  determine why accidents occur, where they happen, and any trends that might be developing;  employees develop an awareness of workplace problems and hazards;  identify areas for process improvement to increase safety and productivity; 135  note areas where training information or methods need to be improved;  suggest a focus for safety program development; and  reduce economic losses from injuries and lost productive time. The focus for the accident/incident investigations is to find the causes for the purpose of preventing future incidents and injuries, not to place blame. Supervisors will perform the following duties for all accident investigations:  Conduct the accident/incident investigation at the scene as soon as safely possible.  Ask the employee(s) involved in the incident and any witnesses, in separate interviews, to tell in their own words exactly what happened.  After the employee has given his/her description of the event, ask appropriate questions that focus on causes.  Gather information regarding the description of the incident, individuals involved, location, witnesses, and events that preceded the incident.  Determine the likely sequence of events, any abnormality of events, and the probable cause of the incident (direct, indirect, basic).  Determine what preventive actions should be taken to prevent a future incident and assign responsibility for correction to the appropriate department or individual,  Remind the employee(s) the investigation is to determine the cause so actions can be taken to help eliminate the cause(s) of the incident.  Complete the Supervisor’s Accident/Incident Investigation Report with the employee and review data with employee for accuracy. Keep in mind, accident/incidents normally have two or more causes. It is important to properly identify all causes so suitable controls can be 136 implemented. It is important to address the safety policies as well as employee action/inaction when investigating any incident. The Risk Management Coordinator will review each investigation to ensure it is complete and thorough. Poorly executed investigations will be returned to the responsible party for revision. Assistance will be available upon request. The accident investigation report is used to:  track and report injuries;  group injuries by type, cause, body part affected, time of day, and process involved;  determine if any trends in injury occurrence exist and graph those trends if possible;  identify any equipment, materials, policies, procedures, or environmental factors that seem to be commonly involved in injury incidents;  discuss the possible solutions to the problems identified with the safety team and superiors; and  proceed with improvements to reduce the likelihood of future injuries. Training The information and requirements of this written plan are presented to employees through:  New Employee Orientation  Policy Dissemination Program Evaluation The accident reporting and investigation program is evaluated annually and updated if necessary by the Risk Management Coordinator. 137 Section 15.5 Job Safety Analysis Purpose Writing a Job Safety Analysis (JSA), establishing work rules, instructing workers to follow the work rules, and supervisor enforcement of work rules can help reduce injuries. Policy A Job Safety Analysis will be conducted to: 1. Identify hazards associated with each step of any job or task that has the potential to cause serious injury; 2. determine how to control the hazards; 3. determine Personal Protective Equipment (PPE) required for each task; 4. produce a written tool that can be used to train staff and provide documentation of training; and 5. meet OSHA requirement 29 CFR 1910.132 (d) by developing procedures and work rules that are specific for each job or task Responsibilities A. The Risk Management Coordinator shall: 1. Provide supervisor with training on how to complete JSA’s. 2. Assist the supervisor with conducting the first JSA for their area of responsibility. 3. Inspect JSA’s on file during spot inspections. B. Supervisors shall: 138 1. Conduct hazards assessments of the work area within their control to identify each job/task that has the potential to cause serious injury. 2. Conduct a Job Safety Analysis (JSA) for each identified job/task using the Job Safety Analysis form and instructions found in the Risk Management Forms Directory. Supervisors and staff who actually use the particular piece of equipment should work together to develop the JSA. 3. Keep the JSA on file in the department. 4. Train affected staff on the work rules and practices outlined in the JSA. 5. Enforce the work rules. 6. Review the JSA’s for their area of control annually and when equipment or tasks change. C. Employee: 1. Staff who actually perform the identified task and/or use the equipment should participate in the analysis because they usually are the most knowledgeable about the hazards and have direct control over them. 2. Staff performing tasks identified in a JSA shall follow the established work rules for the task and utilize the identified controls and PPE. Section 15.6 Personal Protective Equipment Purpose To protect County employees from exposure to work place hazards and the risk of injury through the use of personal protective equipment (PPE). PPE is not a substitute for more effective control methods and its use will be considered only when other means of protection against hazards are not adequate or feasible. This section addresses general PPE requirements, including eye and face, head, foot and leg, hand and arm, and body (torso) 139 protection. This policy does not cover PPE used for respiratory protection and hearing protection as the need for participation in these programs is established through industrial hygiene monitoring. Policy In accordance with 29 CFR 1910 Subpart I, personal protective equipment will be provided, used and maintained when it has been determined that its use is required to ensure the safety and health of our employees and that such use will lessen the likelihood of occupational injury and/or illness. PPE will be used in conjunction with other controls unless no other means of hazard control exists. No employee is permitted to use damaged or defective PPE. Responsibilities A. Risk Management Coordinator shall: 1. Assist divisions in PPE selection 2. Review PPE selection for appropriateness 3. Inspect the serviceability and availability of PPE during spot inspections 4. Provide guidance on proper use and care of PPE B. Supervisors shall: 1. Conduct hazards assessment for job tasks and ensure the proper PPE is available 2. Review and update PPE hazard assessments as necessary 3. Record hazard assessments and selected PPE on the Job Safety Analysis form in accordance with Chapter 1, Personnel, Article XV, Section 15.5. 4. Issue selected PPE to users upon initial job assignment and maintain documentation of issued PPE. 140 5. Ensure all users of selected PPE under their supervision are trained in the care and use of required PPE. 6. Ensure all users of selected PPE under their supervision use and care for PPE appropriately. 7. Immediately dispose of and replace damaged or defective PPE. C. Employees and volunteers shall: 1. Wear PPE as required. 2. Attend required training sessions. 3. Properly care for, clean, maintain and inspect PPE as required. 4. Inform the supervisor immediately of the need to replace or repair PPE. Hazard Assessment A. Supervisors are responsible for completing Job Safety Analysis (JSA) in accordance with Chapter 1, Personnel, Article XV, Section 15.5 B. The JSA is a resource for supervisors to log PPE hazard assessments, assign appropriate PPE, and inform employees of the hazards and required PPE associated with particular tasks. C. While conducting hazard assessments the following items shall be considered in regard to PPE: 1. Impact hazards 2. Penetration hazards 3. Compression (roll-over) hazards 4. Chemical hazards 5. Heat/Cold Hazards 6. Harmful dust 141 7. Light (optical) radiation hazards 8. Biologic hazards 9. Sources of energy and electricity 10. Sources of motion 11. Sources of high temperature 12. Types of chemicals in the workplace 13. Sharp objects PPE Selection A. All PPE clothing and equipment shall be of safe design and construction and be maintained in a clean and reliable condition. B. Always check the manufacturer’s recommended usage for all PPE prior to purchase and use. C. PPE selected shall provide a level of protection equal to or greater than the minimum required to protect employees from hazards. D. General requirements. 1. Eye and Face Protection a. Shall be worn any time work operations can cause foreign objects to get in the eye. b. Shall protect against specific workplace hazards. c. Shall comply with ANSI Z87.1-1989. d. Should fit properly and be reasonably comfortable to wear. e. Should provide unrestricted vison and movement f. Should be durable and cleanable. g. Should allow unrestricted functioning of any other required PPE. 142 2. Head Protection shall: a. Shall be worn any time work operations can cause foreign objects to get in the eye. b. Be worn when objects might fall above and strike the head, the employee has a potential to bump their head against fixed objects, or there is the potential for head contact with electrical hazards. c. Comply with ANSI Z.1-1986. d. Be worn as designed. e. Fit the employee. 3. Foot and Leg Protection a. Shall be worn when an employee has exposure to or potential exposure to falling or rolling material, crushing or penetrating materials, corrosive chemicals, poisonous materials or electrical hazards. b. Safety footwear shall comply with ANSI Z41-1991 or ASTM F2413-05. c. Special conditions for electrically conductive shoes and electrical hazards safety toe shoes shall be given for employees exposed to electrical hazards. 4. Hand and Arm Protection a. Shall be worn where an employee is exposed to or potentially exposed to skin absorption of hazardous substances, electrical dangers, lacerations, bruises, scrapes or the like. b. The hand and arm protection chosen shall be specific to the job hazard. Examples include: 143 i. Leather gloves – protection against sparks, moderate heat, blows, chips and rough objects. ii. Aramid fiber gloves – protection against heat, cold, and are cut and abrasive resistant. iii. Fabric gloves – protect against slivers, chafing, and abrasions iv. Coated fabric gloves – general purpose with slip resistance. v. Chemical and liquid resistant gloves – provide an impervious barrier against specific hazards. 5. Body Protection: a. High visibility garments shall be worn by all County employees working around construction equipment or within or adjacent to a roadway which shall, at a minimum, be a Class II reflective outer garment. b. Where the posted speed limit of a roadway is 50 mph or greater a Class III garment shall be worn. c. Shall be worn when an employee has exposure to temperature extremes, splashes from hot metals or liquids, impacted from tools or machinery or materials, and hazardous chemicals. 6. Hearing Protection: a. Shall be required when an employee is exposed to a noise level of 85 dB for an eight hour shift unless a standard threshold shift is experienced. b. Shall be required when an employee is exposed to a noise level of 115 dB in a 15 minute period. c. No employee shall be exposed to impact/impulse noises grater then 140dB. 144 Training A. Any worker required to wear PPE will receive training in the proper use and care of PPE before being allowed to perform work requiring the use of PPE. B. Periodic retraining will be offered to PPE users as needed. C. The need for retraining will be indicated when: 1. An employee’s work habits or knowledge indicates a lack of necessary understanding, motivation, and skills required to use the PPE (i.e., uses PPE improperly) 2. New equipment is installed 3. Changes in the workplace make previous training out-of-date. 4. Changes in the types of PPE to be used make previous training out- of-date. D. The training will include, but not necessarily be limited to, the following subjects: 1. When PPE must be worn; 2. What PPE is necessary; 3. How to properly don, doff, adjust, and wear PPE; 4. The limitations of the PPE; and 5. The proper care, maintenance, useful life, and disposal of PPE. E. After the training, the employee will demonstrate that they understand how to use PPE properly, or they will be retrained. F. Training of each employee will be documented using the JSA to verify that each affected employee has received and understands the required PPE. Cleaning and Maintenance 145 A. It is important that all PPE be kept clean and properly maintained. Cleaning is particularly important for eye and face protection where dirty or fogged lenses could impair vision. Employees must inspect, clean and maintain their PPE according to the manufacturers’ instructions before and after each use. B. Supervisors are responsible for ensuring that users properly maintain their PPE in good condition. C. PPE must not be shared between employees until it has been properly cleaned and sanitized. D. PPE shall be distributed for individual use whenever possible. E. If employees provide their own PPE, supervisors shall make sure that it is adequate for the workplace hazards, and that it is maintained in a clean and reliable condition. F. Defective or damaged PPE shall not be used and will be immediately discarded and replaced. G. Contaminated PPE which cannot be decontaminated shall be disposed of in a manner that protects employees from exposure to hazards. Section 15.7 Self-Inspections Purpose To take a pro-active approach toward accident prevention in the workplace by regularly conducting safety inspections. Policy Departments shall implement a program of self-inspections for the purpose of maintaining a safe and healthful workplace for County employees. Responsibilities 146 A. The Risk Management Coordinator shall: 1. Assist supervisors and division safety liaisons with self-inspections as necessary. 2. Review checklists for compliance, applicability, and verification of completion through spot inspections and safety program audits. 3. Provide or coordinate training for persons responsible for conducting inspections. 4. Provide guidance for development of department specific checklists. B. Supervisors shall: 1. Coordinate and conduct self-inspections for their area of responsibility. 2. Manage the self-inspection program for their area of responsibility. 3. Attend training on conducting self-inspections. 4. Implement appropriate corrective actions. 5. Train employees to conduct appropriate self-inspections according to checklists. C. Division Safety Liaison shall: 1. Assist the supervisor with maintaining self-inspection program documentation. D. Employees and Volunteers shall: 1. Assist the supervisor with self-inspections as necessary. 2. Conduct appropriate assigned self-inspections. Training 147 A. Supervisors shall receive one-time training from Risk Management regarding self-inspections. B. The training may be repeated at the request of the supervisor or if the individual displays a need for additional training. C. Training shall explain the following topics in detail: 1. Purpose 2. Documentation 3. Communications and feedback D. Employee training will be conducted by the supervisor for specific self- inspections for which the employee is solely responsible. Documentation A. All self-inspection checklists shall be maintained by the Department for a period of 1 year. B. Self-inspection checklists shall be made available for review by Risk Management at all times. 1. This is best accomplished by maintaining a self-inspection program binder. This should be maintained by the division safety liaison. Self-inspections A. Self-inspections are workplace inspections that ensure the safety and health of employees. Supervisors shall conduct self-inspections using a self-inspection checklist at least every six months. B. The sample Safety Self-Inspection Checklist, found in the Risk Management Forms Directory, is a broad general example of a self- inspection checklist for use by Departments. Each department should add or delete items to make the checklist unique and useful for their area of 148 responsibility. Deletions may be subject to approval by the Risk Management Coordinator. C. Interest areas for inspections include but are not limited to: 1. Postings 2. Processing, receiving, shipping and storing 3. Building and grounds 4. Housekeeping 5. Electricity 6. Lighting 7. Heating and ventilation 8. Machinery 9. Personnel 10. Hand and Power tools 11. Chemicals 12. Fire Prevention 13. Maintenance 14. Personal Protective Equipment 15. Transportation 16. First-Aid 17. Evacuation Plans D. All self-inspections shall be conducted using information provided by the manufacturer where applicable. E. Self-inspection checklists shall be maintained by the department for three years and made available to the Risk Management Coordinator for review when requested. 149 Section 15.8 Hazard Communication & Chemical Safety Program Purpose To ensure that the hazards of all chemicals produced or imported are evaluated, and that information concerning their hazard is transmitted to employees. Policy This written program has been established for Isle of Wight County to comply with the Hazard Communication Standard, 29 CFR 1910.1200. All departments and divisions of the County are included within this program. Copies of this written program will be available for review by any employee in the following locations:  On the Central network drive, in the Policies Folder  Human Resources Department  In Safety Data Sheet Binders Responsibilities A. The Risk Management Coordinator Shall: 1. Develop and maintain the Hazard Communication program 2. Act as a resource for implementation of the program 3. Conduct or coordinate awareness level new employee training for the program 4. Ensure Safety Data Sheet (SDS) files are acquired by departments 5. Inspect the program at least annually B. Department/Agency Heads shall: 1. Ensure departmental compliance with the Hazard Communication 150 program 2. Implement corrective action as required to ensure compliance 3. Review and accept Hazardous Chemical listings for their department. 4. Ensure SDS’s are acquired for all chemicals within their department. 5. Ensure outside personnel are notified of the program. 6. Ensure the development of procedures for non-routine tasks. C. Supervisors shall: 1. Ensure employees are informed of the workplace Hazard Communication program. 2. Determine affected employees and ensure job specific training is provided. 3. Assist the Department/Agency Head with the implementation of corrective actions as required to ensure compliance. 4. Develop procedures for non-routine tasks 5. Conduct annual self-inspections to ensure compliance with this policy. D. Employees shall: 1. Comply with the elements of the policy and program 2. Seek additional training as necessary to ensure awareness. 3. Wear PPE required when using hazardous chemicals. 4. Advise management of program deficiencies. 5. Assist as necessary with self-inspections To avoid injury and/or property damage, persons who handle chemicals in any area of the County must understand the hazardous properties of the chemicals. Before using a specific chemical, safe handling methods and health hazards must always be reviewed. The basic components of this program include:  Hazardous Chemical Inventory List – listed alphabetically  Safety Data Sheets  Labels and Other Forms of Warning 151  Employee Information and Training  Non-Routine Tasks  On-site Contractors  General Chemical Safety  Program Review Hazardous Chemical Inventory List A list of all known hazardous chemicals (products) used by Isle of Wight County employees is contained in Appendix A of this written program. A list of hazardous chemicals used by each department is kept with corresponding safety data sheets in Human Resources, E911, Emergency Services, General Services, and Parks and Recreation. Hazard Determination All hazardous chemicals in the County are purchased materials; there are no manufactured or intermediate hazardous chemicals. Therefore, Isle of Wight County shall rely on the hazard determination made by the chemical manufacturer as indicated on the SDS. Safety Data Sheets (SDS) If chemicals not listed in Appendix A are ordered or purchased, the department making the purchase shall be responsible to obtain the manufacturers corresponding, properly formatted, safety data sheets and forward them to the Risk Management Coordinator for inclusion in the Master SDS file. The Risk Management Coordinator will review the SDS’s for completeness and proper format. Should any SDS be incomplete, the department which made the purchase will immediately send correspondence to the manufacturer requesting the proper information. 152 A complete Master file of SDSs for all hazardous chemicals to which employees of the County may be exposed will be kept in labeled binders in Human Resources, E911, Emergency Services, General Services, and Parks and Recreation. Departments who use chemicals are responsible to maintain SDSs for hazardous chemicals used by their departments, in labeled binders in the main office area of the respective department. SDSs will be available for employees during each work shift. Should SDSs be unavailable, please contact the Risk Management Coordinator immediately. SDSs will be reviewed annually by the Risk Management Coordinator. Should there be any SDS that has not been updated within the past year, a new SDS will be requested. After three documented requests for an SDS have been unsuccessful, the problem will be reported to the nearest Virginia Occupations Safety and Health (VOSH) office. You can find many SDSs available on-line. Labels and Other Forms of Warning The Hazard Communication Standard requires that hazardous chemicals be labeled by manufacturers. The label must contain the following:  Chemical identity;  Appropriate hazard warnings; and  Name & address of chemical manufacturer, importer, or other responsible party Upon delivery of chemicals, the Department/Agency Head or designee will ensure that chemicals are labeled properly. Any chemicals without proper labeling will not be accepted. When chemicals are transferred from the manufacturer's containers to 153 secondary containers, the Manager or Supervisor of each department shall ensure that the containers are labeled with the identity of the chemicals and appropriate hazard warnings using the Global Harmonized System (GHS) label (i.e. gas – fire hazard, Round-Up – eye warning). The labeling procedure will be reviewed annually by the Risk Management Coordinator and changed as necessary. Employee Information and Training Prior to starting work, new employees of Isle of Wight County will attend a safety orientation program. The Risk Management Coordinator will be responsible for organizing and conducting the initial training. This training will consist of general training covering:  Location and availability of the written Hazard Communication Program;  Location and availability of the List of Chemicals used in the workplace;  Methods and observation used to detect the presence or release of a hazardous chemical in the workplace;  Information contained in SDSs for employees to protect themselves;  Explanation of the chemical labeling system; and  Location and use of SDS Job Specific Training Employees will receive on the job training from their supervisor. This training will cover the following elements relative to the specific chemicals they will be using or will be working around in their work area: 1. The specific physical and health hazard of chemicals in the workplace; 2. Specific control measures for protection from physical or health hazards; 3. Proper use and storage of the chemicals in their workplace; and 4. PPE requirements. 154 Immediate On-the-Spot Training This training will be conducted by supervisors for any employee that requests additional information or exhibits a lack of understanding of the safety requirements. Following each training session, the employee is required to sign and date the training record verifying attendance. Before any new employee can begin work which requires the use of or potential exposure to hazardous chemicals, training as indicated for new employees must be completed. Additional training will be provided with the introduction of each new hazard. Records of the additional training will be maintained. Non-Routine Tasks Non-routine tasks are defined as working on, near, or with unlabeled piping, unlabeled containers of an unknown substance, confined space entry where a hazardous substance may be present and/or a one-time task using a hazardous substance differently than intended (example: using a solvent to remove stains from tile floors). Steps for Non-Routine Tasks: Step 1: Hazard Determination Step 2: Determine Precautions Step 3: Specific Training & Documentation Step 4: Perform Task The Department Supervisor will evaluate all non-routine tasks before the task commences to determine all hazards present and the necessary precautions needed to either remove the hazard, change to a non-hazard, or protect from the hazard (use of personal protective equipment) to safeguard the employees present. In addition, the Department Supervisor will provide or obtain necessary specific safety training for employees present or affected by the non-routine task and will document the training. 155 Prior to an employee beginning a hazardous non-routine task, he/she must report to the Department Supervisor to determine the hazards involved and the protective equipment and/or training required. All outside contractors working inside County Facilities are required to follow the requirements of their own Hazard Communication Program. The County will provide the contractors a copy of the Hazard Communication Program when requested. Contractors are responsible for any chemicals they bring to the facility and notifying the appropriate staff of the chemical. General Chemical Safety Assume all chemicals are hazardous. The number of hazardous chemicals and the number of reactions between them is so large that prior knowledge of all potential hazards cannot be assumed. Use chemicals in as small quantities as possible to minimize exposure and reduce possible harmful effects. The following general safety rules shall be observed when working with chemicals:  Read and understand the Safety Data Sheets.  Keep the work area clean and orderly.  Use the necessary safety equipment.  Carefully label all secondary containers with the identity of the contents and appropriate hazard warnings (GHS).  Store incompatible chemicals in separate areas.  Substitute less toxic materials whenever possible.  Limit the volume of volatile or flammable material to the minimum needed for short operation periods.  Ensure primary labels are legible and intact.  Provide means of containing the material if equipment or containers should break or spill their contents. 156 Task Evaluation Each task that requires the use of chemicals should be evaluated to determine the potential hazards associated with the work. This hazard evaluation must include the chemical or combination of chemicals that will be used in the work, as well as other materials that will be used near the work. If a malfunction during the operation has the potential to cause serious injury or property damage, a Safe Operational Procedure (SOP) should be prepared and followed. Operations must be planned to minimize the generation of hazardous wastes. Chemical Storage The separation of chemicals (solids or liquids) during storage is necessary to reduce the possibility of unwanted chemical reactions caused by accidental mixing. Use either distance or barriers (e.g., trays) to isolate chemicals into the following groups:  Flammable Liquids: store in approved locations.  Acids: treat as flammable liquids  Bases: do not store bases with acids or any other material  Other liquids: ensure other liquids are not incompatible with any other chemical in the same storage location.  Lips, strips, or bars are to be installed across the width of storage shelves to restrain the chemicals in case of earthquake. Chemicals will not be stored in the same refrigerator used for food storage. If a refrigerator is used to store chemicals, a label on the door must appropriately identify refrigerators used for storing chemicals. Emergencies and Spills In case of an emergency, implement the following: 157  Evacuate people from the area.  Isolate the area.  If the material is flammable, turn off ignition and heat sources.  Only personnel specifically trained in emergency response are permitted to participate in chemical emergency procedures beyond those required to evacuate the area.  Call for emergency assistance if required. Housekeeping 1. Maintain the smallest possible inventory of chemicals to meet immediate needs. 2. Periodically review stock of chemicals on hand. 3. Ensure that storage areas, or equipment containing large quantities of chemicals, are secure from accidental spills. 4. Rinse emptied bottles that contain acids or inflammable solvents before disposal. 5. Do not place hazardous chemicals in salvage or garbage receptacles. 6. Do not pour chemicals onto the ground. 7. Do not dispose of chemicals through the storm drain system. 8. Do not dispose of highly toxic, malodorous chemicals down sinks or sewer drains. 9. Periodically purge old chemicals that are no longer needed. Program Review This written Hazard Communication Program will be reviewed by the Risk Management Coordinator annually and updated as necessary. 158 Appendix A ISLE OF WIGHT COUNTY CHEMICAL INVENTORY Chemicals/products used in this organization: Acetone Ammonium Sulfate Regular Athletic Field Marking Paint Dura Stripe White and Colors Austin A-1 Bleach Brite 40:1 Brite RTU Window Cleaner Butacite Cleaner & Conditioner Clorox Regular Bleach Commercial Solutions Pine Sol Brand Cleaner Disinfectant Spray DPD Free Chlorine Reagent DPD Total Chloring Reagent Drive 75 DF Herbicide Embark 2S Plant Growth Regulator GLY-4 GLY-4 Plus GOJO Natural Orange Pumice Hand Cleaner Gordon's MSMA Herbicide Gordon's Professional Turf and Ornamental Products Trimec Classic Brand Broadleaf Herbicide Graffiti-X Green Hydro Clean Green Thumb Wasp & Hornet Killer Formula IV Heinz Pure White Vinegar Hilcolube HP Super Hydrochloric Acid Isopropyl Alcohol Klucel G 159 Lemon Odor Disinfectant Spray Mathe Magnesium Stearate Microcrystalline Wax Mr. Clean All-purpose Cleaner Oatey Purple Primer NSF Oatey Rain-R-Shine PVC Cement Off FamilyCare Insect Repellent IV Unscented with Aloe Vera Orange-Solv Ortho Home Defense Max Perimeter & Indoor Insect Control ORVIS WA Surfactant Paste Palaloid B-72 100% Resin Paper Saver-Bulk Paper Saver-Spray Paraloid B-67 100% Resin Pine Quat 64 Disinfectant Pramitol 25E Pre-lim Surface Cleaner Pro Link Disinfectant Spray Purell Instant Hand Sanitizer Quick Dry Renaissance Wax Polish San-O 128 Self-Indicating (blue) Silica Gel SH/CG4 Heavy Duty Motor Oil 15W-40 Silica Gel Sterile Eyesaline Solution Stihl Bar & Chain Lubricant Sun Skeeter Insect Repellant & Sunscreen Towel Sunscreen Wipes Tannic Acid WD-40 Aerosol Windex Powerized Glass Cleaner (RTU) XO-Rust Enamel Section 15.9 Energy Control/Lockout – Tagout 160 Powered machinery, electrical equipment, or pressurized systems that could cause injury or put people in danger, is a hazard that energy control procedures can control. Employees must be alert to devices, which after being shut down, can roll, fall, move, or release energy in a way that could cause injury. Typical tasks requiring lockout/tagout (LOTO) procedure include, but are not limited to: 1. Employee placing any part of their body into a machine’s point of operation 2. Repairing electrical circuits 3. Cleaning, repairing, and maintaining machinery with moving parts 4. Clearing blocked or jammed mechanical or operational problems 5. Removing or by-passing a guard or other safety device 6. Working on chemical, hydraulic or pneumatic systems Purpose To ensure all departments required to establish a Lockout/Tagout program do so utilizing the designated procedures for affixing appropriate lockout devices or tagout devices to energy isolating devices, and to otherwise disable machines or equipment to prevent unexpected energization, start up or release of stored energy in order to prevent injury to employees. Policy All County departments with employees who perform work where the control of hazardous energy is necessary for the safe accomplishment of maintenance or other operations will develop Lockout – Tagout Programs specific to the machinery or equipment being maintained. Definitions 161 Affected Employee – An employee whose job requires him/her to operate or use a machine or equipment on which servicing or maintenance is being performed under lockout or tagout, or whose job requires him/her to work in an area in which such servicing or maintenance is being performed. Authorized Employee – A person who locks out or tags out machines or equipment in order to perform servicing or maintenance on that machine or equipment. An affected employee becomes an authorized employee when that employee’s duties include performing servicing or maintenance covered under this section. Lockout – The placement of a lockout device on an energy isolating device, in accordance with an established procedure, ensures that the energy isolating device and the equipment being controlled cannot be operated until the lockout device is removed. Lockout Device – A device that utilizes a positive means such as a lock, either key or combination type, to hold an isolation device in the safe position and prevent the energizing of a machine or equipment. Normal Operation – The utilization of a machine or equipment to perform its intended function. Servicing and/or Maintaining – Workplace activities such as constructing, installing, setting up, adjusting, inspecting, modifying, and maintaining or servicing machines or equipment. These activities include lubrication, cleaning or unjamming of machines or equipment and making adjustments or tool changes, where the employee may be exposed to the unexpected energization or startup of the equipment or release of hazardous energy. Setting up – Any work performed to prepare a machine or equipment to perform its normal operation. Tagout – The placement of a tagout device on an energy isolating device, in accordance with an established procedure until the tagout device is removed. 162 Tagout Device – A prominent warning device, such as a tag and a means of attachment, which can be securely fastened to an energy isolating device in accordance with an established procedure, to indicate that the energy isolating device and the equipment being controlled may not be operated until the tagout device is removed. Responsibilities A. Department/Agency Heads shall: 1. Ensure time is dedicated for development and implementation of the Lockout and tagout program; 2. Ensure applicable Lockout/Tagout devices are purchased, serviceable and available for use; 3. Establish and implement corrective actions as required to ensure compliance; and 4. Ensure the notification of outside personnel. B. Supervisors shall: 1. Develop and maintain the departmental Lockout/Tagout program 1. Inventory and identify all potentially dangerous machines, equipment or system types capable of releasing hazardous energy in work areas or facilities under their control. 2. Develop LOTO procedures for those identified, which include identification of energy source(s), location of disconnects, special hazards, and steps for shutting down, isolating, blocking or other means necessary to bring a machine to zero-energy state. a. Develop equipment Specific LOTO procedures for those having two or more energy sources. 163 b. Develop common LOTO procedures when all of the following elements exist: 1. Machine or equipment has no potential for stored or residual energy or accumulation of stored energy after shutdown, which could endanger employees 2. Machine or equipment has a single energy source which is readily identified and isolation and lockout of that energy source will completely de-energize and deactivate the machine or equipment 3. Machine or equipment is isolated from that energy source and locked out during servicing or maintenance 4. A single lockout device will achieve a locked out condition 5. Lockout device is under the exclusive control of the authorized employee performing the service or maintenance 6. Servicing or maintenance does not create hazards for other employees 2. Select and provide the appropriate lockout and tagout devices for their respective work group; 3. Ensure newly purchased or replacement machinery under their control has the ability to accept lockout and tagout devices; 4. Determine affected employees and ensure training is provided; 5. Assist the Department/Agency Head with implementation of corrective actions as required to ensure compliance. 6. Inspect the program at least annually to ensure regulatory compliance C. The Risk Management Coordinator shall: 164 1. Conduct or coordinate awareness training for all County employees. 2. Act as a resource during development and implementation of the program. 3. Inspect the program at least annually to ensure divisional compliance. D. Employees shall: 1. Comply with the elements of the policy and program. 2. Seek additional training as necessary to ensure awareness. 3. Assist as necessary with the development and implementation of the program. The Lockout – Tagout Program A. Program Goals 1. Develop departmental/divisional programs in a standardized format that are easily identifiable by all persons affected. 2. Centralize information regarding the control of hazardous energy in the work area of affected employees to streamline inspection, component management, and compliance assurance. 3. At a minimum, meet the requirements of 29 CFR 1910.147. B. Written Program Requirements 1. All departmental program documents will be bound in a three ring binder of appropriate size and made available for review at all times. 2. The binder will be marked on the front cover in large, bold print and in black font color with: LOTO Energy Control Program Division Name 165 3. Program documents: 1. The cover page will contain the following statements: i. “The purpose of the energy control program is to provide energy control procedures, employee training and periodic inspections to ensure that before any employee performs any servicing or maintenance on a machine or equipment where the unexpected energizing, startup or release of stored energy could occur and cause injury, the machine or equipment shall be isolated from the energy source and rendered inoperative.” ii. A summary of the division’s workplace operations and hazards associated with hazardous energy. iii. “All equipment shall be locked-out or tagged-out to protect against accidental or inadvertent operation when such operation could cause injury to personnel. Do not attempt to operate any switch, valve, or other energy isolating device where it is locked or tagged-out.” 2. Table of contents: Standard form (Use the LOTO Table of Contents, found in the Risk Management Forms Directory) 3. Tab 1: A list of employees identified by the Department/Agency Head who are authorized to affix LOTO devices. LOTO device assignments will be identified on this list. 4. Tab 2: A list of all affected employees covered by the divisional program along with contact information and their direct supervisor’s name. 5. Tab 3: An inventory of machines/equipment County employees maintain along with LOTO procedures identified (Use the Machine/Equipment Evaluation and Isolation Form, found in the Risk Management Forms Directory.) 6. Tab 4: Copies of training materials. At a minimum, paper copies will be kept here at all times for employees to review. Copies of 166 digital media should only be kept here if the information cannot be printed. i. Sub-section 1: Initial LOTO briefing (From Risk Management) ii. Sub-section 2: Specific training (Coordinated and/or conducted by the division supervisor) iii. Sub-section 3: Annual training (Coordinated and/or conducted by the division supervisor) 7. Tab 5: List of trained individuals with associated training completion date and the annual training due date. 8. Tab 6: Additional Practices (Use LOTO Additional Practices found in the Risk Management Forms Directory) i. Notify Outside Personnel ii. Group LOTO Requirements iii. Shift Change Requirements iv. Temporary Testing and Positioning 9. Tab 7: Annual review signature page (Use LOTO Annual Program Evaluation form found in the Risk Management Forms Directory) 4. Inspection of the written program will be performed at least once per year by the Division supervisor and at least once per year by the Risk Management Coordinator. C. Lockout and Tagout Devices 1. LOTO devices must be durable, standard, standardized, substantial, and identifiable. 2. The following must be considered when purchasing LOTO devices: i. LOTO devices shall not be used for any other purpose. 167 ii. LOTO devices shall be standardized within the facility in at least one of the following criteria: Color; shape; or size; and additionally, in the case of tagout devices, print and format shall be standardized. iii. LOTO devices must be suitable for the environment where they will be used and applicable to the machine/equipment to which the device is affixed. iv. LOTO devices shall indicate the identity of the employee applying the device(s). v. Tags shall be constructed and printed to prevent deterioration, illegibility, and corrosion when used in wet environments or exposed to locations where acid and alkali chemicals are stored. vi. Lockout devices must be substantial enough to prevent removal without the use of excessive force or unusual techniques such as bolt cutters or cutting tools. vii. Tagout device attachments shall be of a non-reusable type, attachable by hand, self-locking, and non-releasable with a minimum unlocking strength of no less than 50 pounds and having the general design and basic characteristics of being at least equivalent to a one-piece, all environment-tolerant nylon cable tie. viii. Tagout devices shall warn against hazardous conditions if the machine or equipment is energized and shall include a legend such as the following: Do Not Start. Do Not Open. Do Not Close. Do Not Energize. Do Not Operate. D. General Procedural Steps During Lockout and Restart Shut down and lockout 1. Only authorized persons will actually perform the lockout/tagout. 168 2. Notify all affected employees that you are going to start a lockout process. 3. Locate all energy sources for the equipment that will be serviced and ensure they all are deactivated. 4. Every power source will have its own procedure for lockout which will include one or more of the following: i. Pulling a plug ii. Opening a disconnect switch iii. Removing a fuse iv. Closing a valve v. Bleeding a line vi. Blocking the equipment 5. Shut down the machine by pulling the plug or disconnecting from a power source. 6. Turn off the main power source to the machine. 7. Try to turn the machine on. 8. Attempt to restart machine to be sure. 9. Turn the machine controls back to “off”. 10. The authorized person will use his/her locks to lock out all energy sources involved. 11. The authorized person will be certain that his/her lock, after being placed, is actually preventing the power from being turned on. 12. Each employee that will work on the equipment during the lockout procedure will place his/her own lock on the power source(s). 13. Place a tag with the locks. Information on the tag will include: i. Name of authorized person 169 ii. Date and time of lockout iii. Other site-specific information that may be required. 14. A lock belonging to one employee will never be used by anyone else. 15. Other authorized or affected employees in the area will never restore power to a machine that has been de-energized but not locked out. A supervisor will be contacted if the employee finds the machine/equipment in this condition. 16. Release any residual energy to get to a zero-energy state. Valves, air, gravity and fluids are some items to check. Restart 1. Remove any tools from the area and replace all safety guards that have been removed. 2. Alert everyone in the area that the lockout is about to end. 3. Remove the tag and each employee removes his/her own lock. 4. Restore all sources of energy. 5. Restart equipment. E. Emergency Lockout/Tagout Removal Lockout/Tagout devices will only be removed if the authorized employee who implemented the device is unavailable. The Division Supervisor shall perform device removal in the absence of the authorized employee. F. Notification of Outside Personnel The Department/Agency Head shall coordinate the exchange of written practices between the County and outside personnel. All affected County employees shall be made aware of the practices used by the contractor and abide by practices and restrictions of the outside 170 personnel. Outside personnel may not begin working unless their practices meet or exceed those of the County. G. Group LOTO Practices An individual device shall be affixed by each authorized employee servicing or maintaining equipment. In the event that the machine or equipment will not receive multiple locks a hasp or other suitable gang type device will be used. H. Shift Change The authorized employee and their immediate supervisor are responsible for coordinating the transfer of devices for machines or equipment that will be serviced or maintained through a shift change. If the transfer of devices does not occur prior to the end of the originating employees shift the group LOTO practices shall be utilized. I. Temporary Removal of Devices In situations in which Lockout or Tagout devices must be temporarily removed from the energy isolating device and the machine or equipment energized to test or position the machine, equipment or component thereof, the following sequence of actions shall be followed: 1. Ensure the nonessential items have been removed and the machine or equipment components are operationally intact; 2. Ensure that all employees have been safely positioned or removed and notify affected employees of device removal; 3. Energize and proceed with testing or positioning; 4. De-energize utilizing the procedures outlined in the program. J. Training 1. Initial awareness level training will be conducted by the Risk Management Coordinator during Employee Orientation and at the 171 request of Departments who have identified employees in need of remedial training. Topics covered during initial training include the following: i. Purpose and function of the LOTO program; ii. Components of this policy and written programs; iii. Identification of devices; iv. Dangers of hazardous energy; v. Prohibitions relating to unauthorized restart or reenergize of locked out or tagged out machines and equipment; vi. Accessing 29 CFR 1910.147 via OSHA.gov 2. Specific training for Authorized Employees shall be developed by each Department as applicable. A written lesson plan describing the procedure for training and competency standards shall be developed by the department and include the following: i. Safe application, usage, and removal of the energy controls; ii. Hazardous energy recognition and the type and magnitude of energy available in the workplace; and iii. A practical examination to prove competency in the utilization of procedures and devices and hazard recognition. 3. Employee retraining shall be conducted whenever a deficiency is observed in an employee’s performance and whenever there is a change in job assignment, equipment, machinery, energy controls, or when a change to the written program occurs. K. Violations Violations of the LOTO policy and/or program will result in disciplinary action in accordance with personnel policy. Employees in violation of the 172 policy and/or program are required to attend retraining with emphasis on the area of violation. Section 15.10 Excavations, Trenching and Shoring A trench is a special kind of excavation which defined as an excavation whose width is less than 15 feet across and whose depth is greater than its width. It is these dimensions which make trench operations so hazardous. Because of its narrowness, the workers in a trench are confined; and because of the depth of the trench, cave-ins are an ever-present danger. In the event of trench wall failure, there is little time to avoid burial. All work below ground level requires the continual watchfulness by workers and their supervisors to protect workers. Purpose To protect workers who are exposed to open excavations made in the earth’s surface, and to meet the requirements of 29 CFR 1926 Subpart P. Definitions Accident – the point in a sequence of unplanned events which results in an injury, illness, and/or damage. Accepted engineering practice – those requirements which are compatible with standards of practice required by a registered professional engineer. Aluminum Hydraulic Shoring – a pre-engineered shoring system comprised of aluminum hydraulic cylinders (crossbars) used in conjunction with vertical rails (uprights) or horizontal rails (wales). Such system is designed specifically to support the sidewalls of an excavation. Bell-Bottom pier hole – a type of shaft or footing excavation, the bottom of which is made larger than the cross section above to form a belled shape. 173 Benching – a method of protecting employees from cave-ins by excavating the sides of an excavation to form one or a series of horizontal levels or steps, usually with vertical or near-vertical surfaces between the levels. Cave-in – the separation of a mass of soil or rock material from the side of an excavation, or loss of soil from under the trench shield or support system, and its sudden movement into the excavation, either by falling of sliding, in sufficient quantity so that it could entrap, bury, or otherwise injure and immobilize a person. Competent person – one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. Cross braces – the horizontal members of a shoring system installed perpendicular to the sides of the excavation, the ends of which bear against either uprights or wales. Face or sides – the vertical or inclined earth surfaces formed as a result of excavation work. Failure – the breakage, displacement, or permanent deformation of a structural member or connection so as to reduce its structural integrity and its supportive capabilities. Hazardous atmosphere – an atmosphere which by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritating oxygen deficient, toxic, or otherwise harmful, may cause death, illness, or injury. Kickout – the accidental release or failure of a cross brace. Protective systems – a method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or in an excavation, or from the collapse of adjacent structures. Protective systems include support systems, sloping and benching systems, shield systems, and other systems that provide the necessary protection. 174 Ramp – an inclined walking or working surface that is used to gain access to one point from another, and is constructed from earth or from structural materials such as steel or wood. Registered Professional Engineer – a person who is registered as a professional engineer in the state where the work is to be performed. Sheeting – the members of a shoring system that retain the earth in position and in turn are supported by other members of the shoring system. Shield (Shield system) – a structure that is able to withstand the forces imposed on it by a cave-in and thereby protect employees within the structure. Shields can be permanent structures or can be designed to be portable and moved along as work progresses. Additionally, shields can be either pre-manufactured or job-built in accordance with 29 CFR 1926.652(c) (3) or (c) (4). Shields used in trenches are usually referred to as “trench boxes” or “trench shields”. Sloping (sloping system) – a method of protecting employees from cave-ins by excavating to form sides of an excavation that are inclined away from the excavation so as to prevent cave-ins. The angle of incline required to prevent cave-ins varies with differences in such factors as the soil type, environmental conditions of exposure, and application of surcharge loads. Stable rock – natural solid mineral material that can be excavated with vertical sides and will remain intact while exposed. Unstable rock is considered to be stable when the rock material on the side or sides of the excavation is secured against caving-in or movement by rock bolts or by another protective system that has been designed by a registered professional engineer. Structural ramp – a ramp built of steel or wood, usually used for vehicle access. Ramps made of soil or rock are not considered structural ramps. 175 Support systems – a structure such as underpinning, bracing, or shoring, which provides support to an adjacent structure, underground installation, or the sides of an excavation. Tabulated data – means tables and charts approved by a registered professional engineer and used to design and construct a protective system. Trench (trench excavation) – a narrow excavation (in relation to length) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. If forms or other structures are installed or constructed in an excavation so as to reduce the dimension measured from the forms or structure to the side of the excavation to 15 feet or less (measured at the bottom of the excavation), the excavation is also considered a trench. Uprights – the vertical members of a trench shoring system placed in contact with the earth and usually positioned so that individual members do not contact each other. Wales – horizontal members of a shoring system paced parallel to the excavation face whose sides bear against the vertical members of the shoring system or earth. Policy County work crews who perform excavations and/or work in excavations shall have a competent person inspect the excavation prior to entry to ensure elimination of hazards and who remains on site for the duration of work. All employees required to work in or around excavations shall be trained in the hazards associated with this work. Applicability All employees and volunteers of County offices and departments. Responsibilities 176 A. Supervisors shall: 1. Ensure a competent person is onsite during excavation operations. 2. Ensure awareness training of all personnel required to work in or around open excavations. 3. Ensure utility markings are clear and applicable permits are obtained prior to conducting operations. 4. Notify the appropriate parties in the event of emergency or accident disturbance or damage of existing installations. 5. Ensure a safe work zone is set up prior to conducting operations in or near the roadway in accordance with the Virginia Work Area Protection Manual. 6. Retain excavation inspection checklists for one year and make available for review when requested. B. Risk Management Coordinator shall: 1. Provide awareness level training to employees working in or around excavations. 2. Assist supervisors in acquiring training for competent persons. C. Competent Person shall: 1. Conduct all worksite inspections regarding excavation safety. 2. Log inspections using the Excavation Inspection Checklist found in the Risk Management Forms Directory. Underground Installations A. A survey of underground utilities or other installations shall be conducted and an estimated location of these installations shall be marked prior to conducting excavation operations. 177 B. While the excavation is open, all installations shall be protected, supported, or removed as necessary to safeguard employees. 1. If installations are disturbed or damaged in any way during operations, the supervisor shall: i. Call 911 and evacuate the area if a dangerous situation is created. ii. Contact the owner immediately. iii. Not attempt to repair or cover up accidental damages. Access, Egress and Additional Precautions A. Means of egress shall be located in excavations greater than or equal to four feet in depth and shall not be located more than 25 feet of lateral travel from employees. B. Ramps and runways for employees’ access and egress shall be designed by a competent person in accordance with 20 CFR 1926.651 paragraph C. C. Employees shall wear a Class II or III reflective outer garment when working in or around excavations. D. When working near the roadway the supervisor shall ensure the requirements of the Manual of Uniform Traffic Control Devices and the Virginia Work Area Protection Manual is consulting and appropriate safe zones are established. E. No employee shall work underneath loads handled by lifting or digging equipment. 178 1. Employees must stand away from vehicles being loaded or unloaded to prevent contact due to spillage or falling materials. F. No employee shall work in an excavation where water accumulation exists unless: 1. Special support systems are implemented to protect employees from cave-ins, 2. Water removal equipment is used and monitored by a competent person, and 3. Surface water is diverted and controlled. G. A warning system shall be established by the supervisor to when mobile equipment must approach an excavation and the operator does not have an unobstructed line of sight to the excavation. The following may be utilized: 1. Barricades 2. Hand signals 3. Stop logs H. Walkways shall be provided where employees or equipment are required or permitted to cross over excavations. I. Guardrails shall be provided where walkways are six feet above lower levels. Hazardous Atmospheres A. Where oxygen deficient atmospheres may exist, atmospheric testing shall be conducted for excavation greater than four feet in depth. 179 B. Adequate precautions shall be taken, such as providing ventilation, to meet acceptable atmospheric standards. C. Where atmospheric controls are used, atmospheric monitoring shall be conducted as often as necessary to ensure a safe atmosphere. D. Emergency rescue equipment appropriate for the excavation shall be made available when hazardous atmospheres are reasonably expected to develop during operations. 1. This equipment shall be attended by a person trained to use the equipment in the event of emergency. E. Employees entering bell-bottom pier holes or the like shall wear a harness with a lifeline securely attached. 1. The lifeline shall not be used to handle materials. 2. The lifeline shall be individually attended while employee is in the excavation. Stability of Adjacent Structures A. Support systems such a shoring, bracing, or underpinning must be used to support structures that may be unstable due to excavation operations. B. Excavating below the base or footing of a foundation or wall is not permitted unless: 1. Support system is provided to ensure the stability of the structure; or 2. The excavation is in stable rock; or 3. A Registered Professional Engineer approves the operation. 180 C. Support systems must be provided for sidewalks, pavements, and other structures that may be affected by the excavation operation. D. Protection of employees from loose rock or soil. 1. Employees must be protected from being struck by materials falling or rolling from the edge and face of the trench. 2. Spoil piles and equipment must be back at least 2 feet from the edge of the trench and/or a retaining device must be installed. E. Fall protection is required for walkways and bridges over trenches. Bridges and walkways must be equipped with standard guardrails and toe boards. Other fall protection may also be required. F. All excavations must be backfilled, covered, or barricaded if left unattended. Inspections A. Daily inspections of excavations, protective systems and adjacent areas shall be completed by a competent person. B. Additional inspections shall be conducted: 1. Prior to starting work 2. As needed throughout the shift 3. After rainfall or other hazard increasing event occurs. C. Inspections shall be recorded on the Excavation Inspection Checklist Form, found in the Risk Management Forms Directory, and kept for a period of one year or until the next excavation at the same location. 181 Protective Systems A. All employees must be protected from cave-ins by shields, sloping or shoring. 1. A competent person is required even when the trench is less than 5 feet deep. B. Protective systems must have the strength to resist all intended or expected loads. C. Employees must be protected from cave-ins when entering and exiting trench shields and protective systems. D. Employees are not permitted in shields when they are being installed, removed, or moved vertically. E. Design of sloping and benching systems must be selected and constructed using one or more of four alternative methods. 1. Option 1 Allowable configurations and slopes. i. Sloped at an angle of 34 degrees = 1-1/2 to 1. ii. Use of other configurations described in Appendix B of 29 CFR 1926 Subpart P for Type C soil classifications. 2. Option 2 Determination of sloping and benching configurations using Appendices A and B of 29 CFR 1926 Subpart P. i. Soil and rock must be classified based on: a. Site and environmental conditions b. The composition of the soil 182 c. Acceptable visual and manual tests for classifying soils as described in Appendix A of 29 CFR 1926 Subpart P ii. Selecting sloping or benching configuration from Appendix B of 29 CFR 1926 Subpart P based on soil type. 3. Option 3 Designs using other tabulated data, such as tables and charts, may be used to select sloping and benching configurations when the following requirements met. i. Identity of the Registered Professional Engineer who approved the data must be stamped on the data. ii. The tabulated data must be in written form, describing detailed information on its use and limitations. iii. Tabulated data must be at job site during construction of the protective system. iv. After construction of the protective system, the tabulated data may be kept off site but must be available for inspection. 4. Option 4 Sloping ano/or beinching designs prepared and approved by a Registered Professional Engineer may be used when the following requirements are met. i. Identity of the Registered Professional Engineer who approved the data must be stamped on the sloping and/or benching designs. ii. Designs must identify the project. iii. The configurations must be determined safe for the project. iv. Designes must be at the job site during construction of the sloping and/or benching configuration. v. After construction of the sloping configuration, the designs may be kept off site, but must be available for inspection. 183 F. Excavations greater than 20 feet in depth must be designed by a Registered Professional Engineer and the tabulated data and design must be available for inspection, unless using a protective system approved for depths greater than 20 feet. G. Design of support systems, shield systems, and other protective systems must be selected and constructed in accordance with the following options: 1. Option 1 – Design using appendices A, C and D of 29 CFR 1926 Subpart P may be used by a competent person. i. Timber shoring is designed by using Appendices A and C. ii. Appendix A and D of 29 CFR 1926 Subpart P may be used for hydronic shoring if the manufacturers tabulated data is not available or cannot be used. 2. Option 2 – Design using pre-manufactured protective systems (shoring, shields, or other) and components must be prepared using the manufacturer’s tabulated data. i. Deviations from the use of the manufacturer’s specifications must be approved by the manufacturer. ii. Manufacturer’s written approval to deviate from a specification must be on site during construction of the system. iii. After construction of the system, the written approval may be off site but must be available for inspection. 3. Option 3 – Design using other tabulated data, such as tables and charts, may be used to design support systems, shield systems, or other protective systems. i. There must be enough information to make an accurate selection of the protective system. 184 ii. Identity of the Registered Professional Engineer who approved the data must be stamped on the data. iii. The tabulated data must be in written form, describing detailed information on its use and limitations. iv. Tabulated data must be at the job site during construction of the protective system. v. After construction of the protective system, the tabulated data may be kept off site but must be available for inspection. 4. Materials and equipment used for protective systems i. Must be free from damage or defects. ii. Must be maintained in good condition. iii. Must be inspected by a competent person and removed from use if determined unsafe. iv. If determined by a competent person to be unsafe, must be evaluated and approved by a registered professional engineer before being returned to service. 5. Installation and removal of supports. i. Members of the support system must be securely connected together. ii. Employees must be protected from cave-ins and other hazards during installation and removal. iii. Members of the support system may not be overloaded. iv. Precautions must be taken to prevent cave-in during removal of structural supports. Removal must start from the bottom. v. Observe structure for indications of failure during removal of support systems. 185 vi. Backfill as removal of support systems progress. 6. Additional requirements for support systems for trench excavations. i. Removal of materials to a depth 2 feet below the bottom of the support system is permitted if: 1. The system is designed to resist loads at the full depth of the trench. 2. There are no indications of the possible collapse of soil from behind or below the bottom of the support system. ii. Support systems must be installed as the excavation of the trench proceeds. 7. Employees are not permitted to work on the faces of sloped or benched excavations above other employees, unless the employees at the lower level are protected from being struck by materials or equipment. 8. Shield systems (trench boxes) i. Systems should not be overloaded ii. Lateral or hazardous movement should be restricted. iii. Employees must be protected from cave-ins when entering and exiting the shield. iv. Employees are not permitted in shields during installation, removal, or vertical movement. v. Employees may remain in shield during horizontal movement as long as the shield is not lifted in any way. vi. Removal of materials to a depth of 2 feet below the bottom of the support system is permitted if: 3. The system is designed to resist loads at the full depth of the trench. 4. There are no indications of possible collapse of soil from behind or below the bottom of the support system. 186 Training A. Awareness training for employees will be conducted by Risk Management. B. Competent person training will be conducted or acquired as appropriate. C. Training shall be documented in the employees electronic personnel file. Section 15.11 Confined Space Entry Purpose To provide a means by which employees are protected from hazards associated with entering confined spaces and to develop procedures by which employees shall enter such spaces. This program has been designed to comply with Occupational Safety and Health Administration (OSHA) standard 29 CFR 1910.146, Permit-Required Confined Spaces, and Virginia Department of Labor and Industry standards. Policy All spaces owned or operated by the County that meet the definition of confined spaces shall be identified and appropriately marked, and access to such spaces shall be controlled. Employees are prohibited from entering any space meeting the definition of permit required confined space, unless the following conditions are met: A. The County determines that employees must enter permit required confined spaces to perform duties of the department. B. The employees are trained in the duties under this policy which they are to perform. 187 C. The space is rendered safe for entry by: 1. Issuance and compliance with the conditions of a permit; 2. The space is reclassified as a non-permit space; or 3. Alternate entry procedures are performed. Permits issued under the procedures in this policy shall be limited in duration to no longer than eight hours. Applicability This program applies to all departments that have employees who work in confined spaces. A confined space is a space that meets all three criteria: A. Is large enough that a person can bodily enter and perform assigned work. B. Has limited or restricted means for entry or exit. C. Is not designed for continuous human occupancy. Note: Spaces that are designed for human occupancy are typically provided with lighting, ventilation, and sufficient room to work. Examples of confined spaces in Isle of Wight County include: 1. Storage or water tanks 2. Sewers 3. Manholes 4. Pipelines 5. Tunnels 6. Excavations/trenches Definitions Confined Space Definitions A. Confined space - any space that is 1) large enough and so configured that an employee can bodily enter and perform assigned work, 2) has limited 188 or restricted means for entry or exit, and 3) is not designed for continuous employee occupancy. 1. Confined spaces include, but are not limited to: storage tanks, pits, vats, vessels, sewer manholes, electrical manholes, vaults, pump or lift stations, septic tanks, boilers, pipelines, tunnels, ventilation and exhaust ducts, trenches, and excavations. B. Non-permit confined space - a confined space which after evaluation is unlikely to have potential hazards, or the hazards have been eliminated by engineering controls. C. Permit-required confined space - a confined space which after evaluation is found to contain actual or potential hazards which have not been eliminated by engineering controls. Written authorization for entry is required if the space has one or more of the following characteristics: 1. Contains or has a potential to contain a hazardous atmosphere; 2. Contains a material that has the potential for engulfing an entrant; 3. Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or 4. Contains any other recognized serious safety or health hazard. Person Definitions A. Attendant - a designated individual stationed outside a permit space who monitors entrants and performs attendant's duties as assigned and required by this program. B. Authorized entrant - an employee who is authorized by the employer to enter a confined space. C. Entrant - any authorized employee who enters a confined space, including any part of the employees' body breaking the plane of any opening of the confined space. 189 D. Entry Supervisor - the departmental person responsible for determining if acceptable entry conditions are present in a confined space where entry is planned, for authorizing and overseeing entry operations, and for terminating entry as required by this program. 1. An entry supervisor also may serve as an attendant or as an authorized entrant, as long as that person is trained and equipped as required by this section for each role he or she fills. Also, the duties of entry supervisor may be passed from one individual to another during the course of an entry operation. E. Rescue Team - those persons whom the employer has designated prior to any permit-required confined space entry to perform rescues from confined spaces, i.e. certified staff in the Department of Emergency Services or Volunteer Fire & EMS representatives. Hazard Definitions A. Engulfment - the surrounding and effective capture of a person by finely divided solids or a liquid substance that can be aspirated to cause death by filling or plugging the respiratory system or that can exert enough force on the body to cause death by strangulation, constriction, or crushing. B. Hazardous Atmosphere - means an atmosphere that may expose employees to the risk of death, incapacitation, impairment of ability to self-rescue (that is, escape unaided from a permit space), injury, or acute illness from one or more of the following causes: 1. Flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit (LFL); 2. Airborne combustible dust at a concentration that meets or exceeds its LFL; NOTE: This concentration may be approximated as a condition in which the dust obscures vision at a distance of 5 feet (1.52 m) or less. 190 3. Atmospheric oxygen concentration below 19.5 percent or above 23.5 percent; 4. Atmospheric concentration of any substance for which a dose or a permissible exposure limit is published in Subpart G, Occupational Health and Environmental Control, or in Subpart Z, Toxic and Hazardous Substances, of this Part and which could result in employee exposure in excess of its dose or permissible exposure limit; NOTE: An atmospheric concentration of any substance that is not capable of causing death, incapacitation, impairment of ability to self-rescue, injury, or acute illness due to its health effects is not covered by this provision. 5. Any other atmospheric condition that is immediately dangerous to life or health (IDLH). C. Immediately dangerous to life or health (IDLH) - any condition that poses an immediate or delayed threat to life, or that would cause irreversible adverse health effects or that would interfere with an individual's ability to escape unaided from a confined space. D. LEL/LFL - lower explosive/flammable limit; the minimum concentration of vapor-in-air or vapor-in-oxygen below which propagation of flame does not occur on contact with a source of ignition. Expressed in terms of percentage by volume of gas or vapor in air. E. Oxygen deficient atmosphere - an atmosphere containing less than 19.5% oxygen by volume. F. Oxygen enriched atmosphere - an atmosphere containing more than 23.5% oxygen by volume. G. PEL - permissible exposure limit; the allowable air contaminant level established by the Occupational Safety and Health Administration (OSHA). 191 H. UEL/UFL - upper explosive/flammable limit; the maximum proportion of vapor or gas in air above which flame propagation does not occur. Expressed in terms of percentage by volume of gas or vapor in air. Hazard Control Definitions A. Acceptable entry conditions - the conditions that must exist in a confined space to ensure that employees can safely enter and work within the space. B. Blanking or blinding - the absolute closure of a pipe, line, or duct by the fastening of a solid plate (such as a spectacle blind or a skillet blind) that completely covers the bore and that is capable of withstanding the maximum pressure of the pipe, line, or duct with no leakage beyond the plate. 1. A blank is designed as a flat plate between two flanges, typically inside the flange bolt pattern. The blank must be sized for full design pressure (maximum non-shock pressure rating) of the line. 2. A blind is designed as a bolted flat plate, which can be used to terminate a pipe line. C. Double block and bleed - the closure of a line, duct, or pipe by closing and locking or tagging two in-line valves and by opening and locking or tagging a drain or vent valve in the line between the two closed valves. D. Inerting - the displacement of the atmosphere in a confined space by a noncombustible gas (such as nitrogen) to such an extent that the resulting atmosphere is noncombustible. NOTE: This procedure produces an IDLH oxygen-deficient atmosphere that can only be entered using self-contained breathing apparatus (SCBA) and following permit-required confined space entry procedures. E. Isolation - the process by which an energy source is removed from service and completely protected against the release of energy and material into the space by such means as: blanking or blinding; misaligning or removing sections of lines, pipes, or ducts; a double block and bleed 192 system; lockout or tagout of all sources of energy; or blocking or disconnecting all mechanical linkages. F. Line breaking - the intentional opening of a pipe, line, or duct that is or has been carrying flammable, corrosive, or toxic material, an inert gas, or any fluid at a volume, pressure, or temperature capable of causing injury. G. Local exhaust ventilation - a system used during welding, cutting or other similar operations in confined spaces as necessary to remove harmful gases, smoke and fumes. H. Lockout-tagout - placing locks or tags on the energy isolating device (e.g. breaker boxes, control switches, valves, etc.) to prevent the unauthorized re-energization of the device or circuit while work is being performed by personnel. Tags shall indicate that the energy isolated device must not be operated until the tag is removed by the individual(s) that installed the tag. Permit Definitions A. Alternate Entry Procedures- the use of continuous forced air ventilation and atmosphere monitoring in lieu of a permit to enter a permit required confined space that: 1. Has an actual or potential hazardous atmosphere that can be demonstrably controlled by continuous forced air ventilation alone; and 2. Has no other hazards of any kind. B. Emergency - any occurrence or event inside or outside of the confined space that could endanger entrants. C. Entry - the action by which a person passes through an opening into a permit-required confined space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space. D. Entry permit (permit) - means the written or printed document that is provided by the employer to allow and control entry into a permit space and that contains the information specifically identified by this program. 193 E. Prohibited Condition- any condition in a permit space that is not allowed by the permit during the period when entry is authorized. F. Testing - the process by which the hazards that may confront entrants to a confined space are identified and evaluated. Testing includes specifying the tests that are to be performed in the permit space. NOTE: Testing enables employers both to devise and implement adequate control measures for the protection of authorized entrants and to determine if acceptable entry conditions are present immediately prior to, and during, entry. Other Definitions A. Ground-fault circuit-interrupter - a device designed to disconnect an electric circuit when it seeks ground through a person or grounded object, thus preventing electric shock and fires. B. Hot work permit - the employer's written authorization to perform hotwork operations (e.g. welding, cutting, burning, or heating) capable of providing a source of ignition. C. Retrieval System - the equipment used for non-entry rescue of persons from confined spaces, and includes retrieval lines, chest or full body harness, and a lifting device or anchor. A retrieval line is primarily for use in vertical entry confined spaces, and must not be used in confined spaces consisting of horizontal tunnels or spaces where obstructions could increase the hazard to the entrant during emergency retrieval. D. Zero Mechanical State - the mechanical potential energy of all portions of the machine or equipment is set so that the opening of the pipe(s), tube(s), hose(s) or actuation of any valve, lever, or button will not produce a movement which could cause injury. Responsibilities A. The Risk Management Coordinator shall: 194 1. Provide awareness level training to employees working in or around confined spaces. 2. Assist supervisors in acquiring training for entrants, attendants and entry supervisors. 3. Maintain employee training certificates in the employee’s personnel file for the duration of employment. 4. Conduct periodic onsite program inspections, including audit of entry procedures and review of competed confined space hazard assessment forms and/or entry permits. 5. Review the program annually for effectiveness and compliance with all regulations. B. Supervisors of employees who are required to enter an identified confined space shall: 1. Implement all provisions of the Confined Space Entry Plan for work areas under their control. 2. Identify each space under their control which meets the definition of confined space in accordance with 29 CFR 1910.146 (b) and maintain a written inventory of such spaces. 3. Evaluate each identified space or space class to determine if it is a permit required or non-permit required space using the Confine Space Hazard Assessment form found in the Risk Management Forms Directory. Retain the Assessment form with the written inventory. i. For all spaces classified as non-permit required, the supervisor must certify on the Confined Space Hazard Assessment form the basis for determining that all hazards in the space have been eliminated. Certification must contain the date, location of the space and the signature of the person making the determination. 4. Maintain a written inventory of all identified confined spaces with designation of each as non-permit or permit required. 195 5. Update the inventory when necessary to incorporate newly acquired or identified confined spaces. 6. Provide access to the inventory list and entry designation to all affected managers, employees and the Risk Management Coordinator. 7. Select, appropriate employees as permit-required confined space “entry supervisors”, entrants and attendants and ensure each attends an approved Confined Space Entry training course. 8. Provide site-specific training to authorized Confined Space entrants regarding the specific equipment and practices used during entry for the spaces each entrant is authorized to enter. 9. Provide operational control and maintenance of equipment within their respective departments. 10. Retain canceled Entry Permits for not less than one year following the date of entry and produce them, upon request, for inspection and audit. 11. Ensure testing instruments are calibrated and maintained in accordance with the manufacturer’s specifications and maintain related records for one year. 12. Maintain calibration gases and test accessories to service all respective departmental monitoring instruments. 13. Ensure that warning signs are posted immediately outside of entrances to a Confined Spaces, and that such signs are secured. (Underground utility access vaults will not be posted. Employees will be informed of the Confined Space classification of these spaces during Confined Space training.) 14. Ensure entrances to confined spaces are locked when feasible. 15. Ensure that all personnel performing contractual work on County owned property comply with the requirements of the OSHA Standard 196 1910.146 by providing their own written program, equipment, and supervision of their employees. C. Entry Supervisors shall: 1. Adhere to all requirements of the Confined Space Entry Plan 2. Complete all safety training requirements, request further instruction if unclear on any part of the training and comply with documentation procedures; 3. Complete the Confined Space entry permit, found in the Risk Management Forms Directory, and verify that all precautions and pre- entry procedures have been fulfilled prior to entry into a permit required space; 4. Terminate entry and cancel permits in the event conditions within the space change, entrants show signs of over-exposure or conditions cannot be verified; 5. Verify the availability of a local rescue team prior to entry 6. Establishing the means for communication between entrants, attendants and emergency services dispatcher. 7. Assure that unauthorized people do not enter the Confined Space during the time that authorized entry is in progress. 8. Assure that appropriate personal protective equipment is available and used by entrants; 9. Assure that original entry permits are forwarded to the department supervisor upon completion or termination of a Permit-Required Confined Space entry. 10. Coordinate entry operations with outside contractors. Note: An entry supervisor also may serve as an attendant, or as an authorized entrant, as long as that person is trained and equipped to do 197 so. The duties of entry supervisor may be passed from one individual to another during the course of an entry. D. Qualified Person(s) Each department may designate staff as a “Qualified Person(s)” to inspect non-routine spaces (spaces not on the inventory) and to authorize entry into same as outlined in this program. The department supervisor shall certify all “Qualified Person(s)” to the Director of their respective department with the Qualified Persons Certification form found in the Risk Management Forms Directory. The Director will forward a copy of the Qualified Persons Certification form to the Risk Management Coordinator. Qualified Person(s) shall inspect confined spaces for compliance with the atmospheric reading contained in this program and complete a Confined Space Hazard Assessment form prior to any personnel entering this space. E. Authorized Entrant Personnel entering confined spaces must only do so after receiving appropriate training. Authorized entrants shall: 1. Know the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure, 2. Properly use any equipment associated with the entry, including prescribed personal protective equipment and other controls as directed by the Entry Supervisor, 3. Communicate with the attendant as necessary to enable the attendant to monitor entrant status and to enable the attendant to alert entrants of the need to evacuate the space, and 4. Alert the attendant whenever warning signs or symptoms of exposure to a dangerous situation are recognized, a prohibited condition is recognized, and exit the space if indicated. 198 F. Designated Attendant Personnel designated as "Attendant" by the Entry Supervisor shall: 1. Know the hazards that may be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure, 2. Know the possible behavioral effects of hazard exposure in authorized entrants, 3. Continuously maintain an accurate count of authorized entrants in the space and ensure that the means used to identify authorized entrants accurately identifies who is in the space. 4. Remain outside the space during entry operations until relieved by another attendant. 5. Communicate with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space. 6. Monitor activities inside and outside the space to determine if it is safe for entrants to remain in the space and order the authorized entrants to evacuate the space immediately under any of the following conditions: i. The attendant detects a prohibited condition; ii. The attendant detects behavioral effects of hazard exposure in the authorized entrants; iii. The attendant detects a situation outside the space that could endanger the authorized entrant; or, iv. The attendant cannot effectively and safely perform the requirements of this section. 7. Summon rescue and other emergency services as soon as the attendant determines that authorized entrants may need assistance to escape from permit space hazards. 8. Warn unauthorized persons to stay away from the confined space, advise the unauthorized persons that they must exit immediately if they have entered the space, and inform the authorized entrants and the entry supervisor if unauthorized persons have entered the space. 9. Perform non-entry rescues as specified herein. 199 10. Perform no other duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants. G. Employees All employees shall assume responsibility for their own safe working actions and be familiar with the requirements of this program and comply with the rule and requirements contained herein. H. Contractor(s) Contractor(s) must comply with all local, state and federal safety requirements and must assure that all employees performing work on Isle of Wight County property have their own written program, been suitably trained, are provided appropriate personal protective equipment, and supervision of their employees. Contractor(s) performing work in County owned confined spaces must coordinate their work with the contracting department, as appropriate. Program Requirements Departments are responsible to identify, evaluate, and classify as non-permit or permit required confined spaces in their work areas and develop written assessments and entry protocols. Hazards of each permit space shall also be indicated. Employees must be informed of such spaces in the work area by posting danger signs, or by other equally effective means. Departments are responsible for providing and applying appropriate signs in accordance with 29 CFR 1910.146(c) (2). Where departments decide that employees will not enter permit spaces, effective measures must be taken to prevent inadvertent and unauthorized entry. Unauthorized entry into a confined space is strictly prohibited due to the potential for death, incapacitation, injury or acute illness. Employees who work in the vicinity of, but who will not enter, confined spaces should attend Confined Space Awareness training. Departments with personnel who need to enter confined spaces for work- related activities must have a trained entry supervisor to oversee entry 200 activities, including assessing the conditions of the space prior to entry, performing air monitoring and ensuring appropriate hazard controls have been implemented and are effective. Personnel entering the confined space, or serving as an attendant must also attend Confined Space Entrant/Attendant/Supervisor level training. If the space has been classified as "permit-required", entry, assessment, and rescue services must be coordinated through the appropriate supervisor. Entry Procedures A. For All Entry Types During any confined space entry, all safety rules and procedures shall be followed. 1. Smoking in a confined space is prohibited. 2. Any use of chemicals in a confined space must be pre-approved by the Supervisor and the SDS must be available at the work location. 3. Any hot work conducted in a confined space must be approved by the Supervisor in accordance with OSHA rules and regulations and a Hot- work Permit, found in the Risk Management Forms Directory, must be issued. 4. Adequate and approved lighting (appropriate for the conditions) shall be provided. 5. Personal protective equipment shall be provided to workers as necessary for safe entry. All PPE must be selected, used, and maintained in accordance with the Personal Protective Equipment Program. 6. All PPE must be approved by the Entry Supervisor. 7. Electrical equipment used in the confined space shall be appropriate for the hazard and meet the requirements of the National Electric Code. 8. Any condition making it unsafe to remove an entrance cover must be eliminated before the cover is removed. 9. When the cover has been removed, the opening(s) shall be promptly guarded to prevent accidental falls into the opening and to prevent objects from falling into the opening. 201 10. Appropriate vehicle and pedestrian barriers shall be used to protect workers. 11. Any atmosphere that is hazardous or conditionally unstable shall not be entered. The entry supervisor will cancel the permit until conditions improve. Pre Entry Duties 1. Determine date of entry, time, entry location and number. The entry supervisor obtains the descriptive identification of the space and reviews Confined Space Hazard Assessment Form on file for that space including the entry procedures indicated. 2. All hazards must be identified and the hazard effectively eliminated or controlled prior to entry. Hazards and controls must be identified on the assessment form. 3. Conduct initial atmospheric testing to determine current atmospheric condition. 4. Document any other recognized hazard that could result in accidental injury or occupational illness requiring treatment greater than first aid. 5. The entry supervisor must determine the appropriate entry procedure indicated by the Assessment Form. Entry will either be: i. Non-Permit Required (i.e. no hazards or hazards have been eliminated) - If all hazards can be controlled from outside of the space and there are no atmospheric hazards, entry may be conducted using the Confined Space Entry Procedure, ii. If the only uncontrolled hazard is either an actual or potential atmospheric hazard, entry may be conducted under the Forced Air Ventilation Entry Procedure, or iii. Permit-Required Confined Space - If all hazards have not been effectively eliminated or controlled, the entry supervisor must consult with the department supervisor prior to using the Permit Entry Procedure. 202 6. Notification of the selected rescue personnel shall be required for each permit required entry. B. For Non-Permit Entry This procedure is to be used only if all hazards identified in the confined space have been eliminated, isolated, or otherwise controlled so as not to expose entrants to additional risk. 1. The departmental confined space entry supervisor must complete the Confined Space Hazard Assessment Form, prior to personnel entering the confined space. The Supervisor must recertify all hazards within the space have been eliminated or isolated prior to entry (i.e. the space is reclassified); and there may be no atmospheric hazard present in the space (or that will be created by the work to be performed). 2. Establish personal protective equipment and procedural requirements for entry. 3. Establish and maintain communication between entrants and personnel outside the confined space. Notify appropriate departmental personnel when entry begins (and when all personnel have exited the confined space). 4. Atmospheric testing must be conducted and results must be recorded on the Confined Space Hazard Assessment Form every half hour. 5. Should conditions arise that may affect the health or safety of personnel inside the space, the space must be evacuated and the entry supervisor must reassess the confined space and reevaluate the entry procedure. 6. When work is completed and all personnel have exited the space, close out the entry on the Confined Space Hazard Assessment Form. The form must be retained by the department for one year following entry and made available to the Risk Management Coordinator for review. 203 C. For Forced Air Ventilation – Reclassification Entry This procedure may only be used if an actual or potential atmospheric hazard is the only hazard within the space. General Requirements: 1. The forced air will be directed to the immediate vicinity of each employee within the space and must be provided until all employees exit the space. 2. The method and ventilation equipment selected will be determined based upon the size of the confined space, the size of the entrance into the space, the gases present within the space, and the source of make- up air. 3. If mechanical ventilation should fail during entry operations, all employees must immediately evacuate the space until ventilation is restored and retesting indicates acceptable entry conditions. 4. Ventilation systems and electrical tools and equipment used in flammable atmospheres must be explosion-proof and appropriately rated for the hazard. 5. There may be no hazardous atmosphere within the space whenever any employee is inside of the space. 6. If a hazardous atmosphere is detected during entry: i. Each employee must leave the space immediately; ii. The space must be evaluated to determine how the hazardous atmosphere developed; and, iii. Measures must be implemented to protect employees from the hazardous atmosphere before any subsequent entry takes place. Entry Procedure: 1. The departmental confined space entry supervisor must complete the Confined Space Hazard Assessment Form, prior to personnel entering 204 the confined space. The Supervisor must recertify all hazards within the space have been eliminated or isolated prior to entry (i.e. the space is reclassified); and there may be no atmospheric hazard present in the space (or that will be created by the work to be performed) not eliminated by ventilation. 2. Establish forced air ventilation to employee work area within the confined space. 3. Establish personal protective equipment and procedural requirements for entry. 4. Establish and maintain communication between entrants and personnel outside the confined space. Notify appropriate departmental personnel when entry begins and after all personnel have exited the confined space. 5. Make the initial evaluation information available to each entering employee prior to entry. 6. Continuous atmospheric testing must be performed. Results must be documented on the Confined Space Hazard Assessment Form every half hour. 7. When work is completed and all personnel have exited the space, close out the entry on the Confined Space Hazard Assessment Form. The form must be retained by the department for one year following entry and made available to the Risk Management Coordinator for review. D. For Permit Required Entry General Requirements: 1. Entry into permit-required confined spaces must be coordinated with the department supervisor. 2. An attendant must be posted at each entrance to the confined space. Attendants must perform duties as specified within the program. 205 3. The Entry Permit must be completed and posted at the entrance. It must be signed by the authorizing entry supervisor prior to anyone entering. Entrants must sign in/out throughout the shift. The permit must be dated and have an expiration time no longer than 8 hours. The entry will be terminated if a potential hazardous situation occurs which exceeds the conditions authorized on the permit. 4. Only trained/authorized/qualified personnel essential to the work will be permitted to enter a permit-required confined space. 5. Each individual entering a permit required confined space will have a safety or retrieval line attached to a chest harness, body harness or wristlets unless one of the conditions listed in i. or ii. below exist. The other end of the line will be secured to an anchor point or lifting device outside the entry portal under the control of the attendant. The anchor point will not be secured to a motor vehicle in a manner that would pull the line out of the space if the vehicle moved. A retrieval line is not required if: i. A confined space has obstructions or turns that would prevent pull on the retrieval line from being transmitted to the entrant, or, ii. A confined space from which an employee being rescued with the retrieval system has projections which would injure the employee if forcefully contracted. Rescue: 1. Employees will conduct non-entry rescue only unless the employee is certified for entry rescue and is a member of the Recue Team. 2. If entry into an atmosphere that is actually or potentially immediately dangerous to life or health is deemed necessary, the Rescue Team must be either present, if permissible, or on stand-by. 3. Entry rescue will only be performed by Rescue Team personnel which are certified in confined space entry rescue. 206 4. An atmosphere supplied breathing apparatus will be used for entry rescues. Procedure: 1. Coordinate all permit-required entries with the department supervisor including rescue notification and response. 2. The departmental entry supervisor must complete the Entry Permit. 3. Conduct pre-entry atmospheric testing. This must be done within 15 minutes of entry. 4. Establish personal protective equipment and procedural requirements for entry. 5. Establish and maintain communication between entrants and personnel outside the confined space. Notify appropriate departmental personnel when entry begins and all personnel have exited the confined space. 6. Make the initial evaluation information and personal protective equipment and procedures available to entering employees prior to entry. 7. Continuous atmospheric testing must be performed. Results must be documented on the Entry Permit periodically (i.e. at least every half hour). 8. When work is completed and all personnel have exited the space, close out the entry on the Entry Permit. The form must be retained by the department for one year following entry and made available to the Risk Management Coordinator for review. Note: No permit shall be issued for a period longer than eight hours. Confined Space Rescue Entrants and attendants must have means of summoning emergency services anytime a confined space is entered. The preference would be for the attendant to have a cell phone to call 911 immediately. If the means of 207 communication is departmental radio, the base station must be monitored at all times during entry and means of summoning rescue must be readily available. Permit-required confined space rescue services are provided by the Department of Emergency Services and the Volunteer Fire & EMS agencies located within the County. A. Self-Rescue Entrants recognizing problems, or responding to air monitoring alarms, and exiting the space immediately on their own is the first means of rescue that should be considered. Entrants should be familiar with signs and symptoms of oxygen deficiency, carbon monoxide and hydrogen sulfide exposure where continuous air monitoring is not required. At the first sign of trouble, the space must be evacuated. B. Non-Entry Rescue Where best practices have been implemented for vertical entry spaces, such as setting up a tripod and wench system and requiring the entrant to wear a full body harness attached to a lifeline, the attendant will immediately notify the appropriate base operator that a confined space emergency has occurred. Attendant and the base operator shall contact emergency services by calling 911 immediately. Once the call has been made, the attendant may begin rescue procedures. Under no circumstances will the attendant enter the confined space. C. Entry Rescue - Non-Permit Non-permit rescue services are provided for extrication by staff only if they can be performed from the exterior of the confined space, provided that all hazards have been eliminated or isolated. D. Entry Rescue - Permit-Required During the initial assessment of the space, if it is determined to be a permit-required space, the entry supervisor must contact the department supervisor for coordination of rescue services. In general, if a space 208 cannot be declassified to allow safe entry, the space should not be entered. If there is a condition in a confined space that is immediately dangerous to life or health, permit rescue services must be on-site during the entry and be prepared to respond to all known conditions of the confined space. Otherwise, during permit entry, the rescue services must be notified that a permit entry is being conducted, but may not need to be on-site for entry. Confined Spaces Training A. General 1. Training shall be adequate to ensure that employees acquire the understanding, knowledge, and skills necessary for the safe performance of assigned duties. 2. Training shall be provided to each affected employee: i. Before being assigned duties under this program, ii. whenever there is a change in assigned duties, iii. whenever there is a change in permit space operations that present a hazard about which an employee has not been previously trained, iv. Whenever there is reason to believe that employees are deviating from established permit spaced entry procedures or that there are inadequacies in the employee’s knowledge or use of this program. 3. Training shall establish employee proficiency in assigned duties, and shall introduce new or revised procedures, as necessary. 4. The employer shall certify that the required training has been accomplished. The certification shall contain each employee’s name, the signatures of the trainers, and the dates of the training. All training records will be retained in the personnel file in the Department of Human Resources. 209 5. Refresher training must be attended at least every three years. B. Awareness Persons that work around, but not in, confined spaces must receive awareness level training, which includes such topics as: 1. Definition and identification of confined spaces, 2. Hazards associated with confined spaces, 3. Authorized entry criteria, and 4. Basic requirements of this program. C. Entrant/Attendant/Supervisor Personnel who enter confined spaces must attend entrant level training that includes: 1. Awareness training as described above, 2. Hazardous atmosphere recognition and use of atmospheric testing devices, including information on the mode, signs, symptoms, and consequences of exposure, 3. The use of personal protective equipment including rescue harnesses, respiratory protection, etc., 4. Entry conditions and related precautions, 5. First aid and CPR training for designated attendants and rescue personnel, 6. Space classification and reclassification criteria, 7. Recognition of warning signs, symptoms of exposure and detection of prohibited conditions, 8. Evacuation requirements, 9. Emergency and non-entry rescue methods, and procedures for calling rescue services, and 210 10. Specific responsibilities and duties for each role (entrant, attendant, supervisor). Section 15.12 Bloodborne Pathogens Exposure Control Policy Purpose Isle of Wight County has established this exposure-control policy, in accordance with OSHA standard 29 CFR 1910.1030, for all employees who handle, store, use, process or dispose of potentially infected blood and blood products. This policy includes requirements for personal protective equipment, housekeeping procedures, training, exposure reporting and recordkeeping. Responsibilities The Risk Management Coordinator will: 1. Manage the bloodborne pathogens exposure control program and maintain all related records for all covered county employees with the exception of the Emergency Services Department. 2. Provide guidance and support to the Emergency Services Department in the area of bloodborne pathogens exposure control when requested. 3. Ensure proper adherence to the program through periodic audits. The exposure-control plan will be reviewed and updated at least annually. The Emergency Services Department will manage the bloodborne pathogens exposure control program for the Emergency Service division and maintain all related records. Definitions Biological Hazard: Any viable infectious agent that presents a potential risk to human health. 211 Bloodborne Pathogens: Microorganisms that can cause diseases such as human immunodeficiency virus (HIV) and hepatitis B (HBV), which are spread through contact with infected blood or blood products. Exposure Incident: A specific eye, mouth, other mucus membrane, non-intact skin, or parenteral contact with blood, body fluids or other potentially infectious material; inhalation of airborne pathogens; or ingestion of foodborne pathogens or toxins. Medical Wastes/Infectious Wastes: Blood, blood products, bodily fluids, any waste from human and animal tissues; tissue and cell cultures; human or animal body parts removed by means of surgery or autopsy. Universal Precautions: Preventing exposure to bloodborne pathogens by assuming all blood and bodily fluids to be potentially infectious, and taking appropriate protective measures. Training Isle of Wight County will provide training on bloodborne pathogens exposure control to any employee whose assigned job duties require them to be in an environment where they are likely to come into contact with bodily fluids. All employees in affected jobs will receive training upon hiring, and yearly thereafter. The training will include: 1. County policy; 2. Types and transmission of bloodborne pathogens; 3. General safety rules; 4. Universal precautions; 5. Use of personal protective equipment (PPE); 6. Post-exposure treatment procedures General Work Procedures 212 Employees must follow these procedures for controlling exposure to bloodborne pathogens: 1. Supervisors must ensure that their employees are trained in proper work practices, universal precautions, the use of personal protective equipment, and proper cleanup and disposal techniques. 2. Do not eat, drink, smoke, handle contact lenses or apply cosmetics in areas where exposure to bloodborne pathogens is possible. Do not store food and drinks in refrigerators or cabinets where blood and other potentially infectious materials are stored. 3. Wear disposable latex or vinyl gloves when: i. you have cuts, abrasions, chapped hands, dermatitis or similar conditions; ii. you are exposed to blood, blood products or body secretions. 4. Wear gowns, aprons or coveralls whenever there is a possibility that bodily fluids could splash on an employee. 5. Perform procedures involving blood and other potentially infectious materials in such a manner that will minimize splashing or spraying. 6. Wear protective clothing if entering a work area where potentially infectious materials are handled. 7. Wash your hands as soon as possible after handling potentially infectious materials, and after removing protective clothing and equipment. 8. Remove all protective equipment when leaving the work area and, if the equipment is contaminated, place it in a proper storage container for washing, decontamination or disposal. 9. Remove contaminated clothing before entering other areas of the building or leaving the building. Hepatitis B (HBV) Vaccinations Isle of Wight County will provide, at its own expense, hepatitis B vaccinations to employees covered under this program and who choose to be vaccinated. The company will document that it offered the vaccine, as well as the employees’ decision to accept or decline the vaccination using the 213 Hepatitis B Declination form found in the Risk Management Forms Directory. Reporting In the event of a suspected exposure (see definition of Exposure Incident) employees must report the incident immediately to their supervisor, in accordance with their departmental exposure control plan and to worker’s compensation in accordance with the injury reporting policy, Chapter 1, Article VI, Section6.6. An employee who has been exposed on the job to HIV, HAV, HBV or HCV should seek immediate medical attention and be tested at the time of exposure to determine if the virus has been transmitted. All testing will be performed at County’s expense. Test results will be provided to exposed employees within five business days of their receipt. Confidentiality will be maintained for the exposed employee during all phases of the post-exposure program. Recordkeeping The Risk Management Coordinator will maintain all exposure reports, training and HBV vaccination records. OSHA requires that records be kept for the duration of employment, plus 30 years, except training records which must be kept for 3 years. Hepatitis B or HIV contracted on the job will be recorded on the OSHA 300 log as an illness. Exposure to bloodborne pathogens from contact with ‘sharps’ will be recorded on the OSHA 300 log if a doctor prescribes treatment with gamma globulin, HBV immune globulin or HBV vaccine. Exposure Determination The following job classifications and employees of Isle of Wight County are covered by OSHA’s Bloodborne Pathogens Standard: Emergency Services Department 214 1. Chief of Fire & Rescue 2. Fire & EMS Captain 3. Fire & EMS Lieutenant 4. Fire Medic II 5. Fire Medic I 6. EMT Paramedic/Intermediate Public Utilities Department 1. Utility Systems Supervisor 2. Utility Systems Mechanic 3. Pump Station Mechanic 4. Utility Systems Worker The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Tony Wilson, Public Works Administrator, presented a Resolution to Revise and Amend Chapter 4: Fleet and Equipment Management, Article I, Vehicle Use, Sections 1.0, 1.2, 1.3, 1.4, 1.5 and 1.6, and Article II, Driving Standards, Section 2.0 and 2.1 and Article V, Use of County Equipment, Sections 5.0 and 5.2, and Amend and Readopt Article IV, Vehicle and Equipment Maintenance and Replacement, and Remove Article VI, Use of County Buses by Non-affiliated Organizations of the County Policy Manual for the Board's consideration. Chairman Alphin moved that the following Resolution be adopted: RESOLUTION TO REVISE AND AMEND CHAPTER 4: FLEET AND EQUIPMENT MANAGEMENT, ARTICLE I, VEHICLE USE, SECTIONS 1.0, 1.2, 1.3, 1.4, 1.5 AND 1.6, AND ARTICLE II, DRIVING STANDARDS, SECTION 2.0 and 2.1 AND ARTICLE V, USE OF COUNTY EQUIPMENT, SECTIONS 5.0 AND 5.2, AND AMEND AND READOPT ARTICLE IV, VEHICLE AND EQUIPMENT MAINTENANCE AND REPLACEMENT, AND REMOVE ARTICLE VI, USE OF COUNTY BUSES BY NON-AFFILIATED 215 ORGANIZATIONS OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding Fleet and Equipment Maintenance under Chapter 4 Fleet and Equipment Management: Article I, Section 1.0, 1.2, 1.3, 1.4, 1.5 and 1.6, Article II, Section 2.0 and 2.1, Article IV, Article V, Sections 5.0 and 5.2; and Article 6; and WHEREAS, the Board of Supervisors desires to revise and amend Chapter 4: Fleet and Equipment Management, Article I, Section 1.0, 1.2, 1.3, 1.4, 1.5 and 1.6, Article II, Section 2.0 and 2.1, and Article V, Sections 5.0 and 5.2 of the Policy Manual to clarify and update the guidelines regarding Vehicle Use, Driving Standards and Use of County Equipment; and WHEREAS, the Board of Supervisors desires to amend and re-adopt Chapter 4: Fleet and Equipment Maintenance, Article IV, Vehicle and Equipment Maintenance and Replacement; and WHEREAS, the Board of Supervisors desires to remove Chapter 4: Fleet and Equipment Maintenance, Article 6, Driving Standards and Use of County Buses by Non-Affiliated Organizations. NOW, THEREFORE, BE IT RESOLVED that Chapter 4: Fleet and Equipment Maintenance, Article I, Section 1.0, 1.2, 1.3, 1.4, 1.5 and 1.6, Article II, Section 2.0 and 2.1, and Article V, Sections 5.0 and 5.2 of the Policy Manual is hereby revised and amended as follows: Chapter 4: Fleet and Equipment Maintenance ARTICLE I Vehicle Use (Adopted July 17, 2003; Revised October 16, 2003, October 4, 2007, April 3, 2008, July 1, 2008, May 21, 2009, September 17, 2015) Section 1.0 (Revised September 17, 2015) 216 Applicability County employees, official appointees of the Board of Supervisors, members of the Board of Supervisors, Constitutional Officer’s staff that adhere to the County’s policies, volunteers, and all others who are required to adhere to the County’s policies shall be governed by this policy. The members of the Board of Supervisors and Constitutional Officers and their staffs will use this policy as a guide when operating County vehicles. Constitutional Officers and their staff that are not required to adhere to the County’s policies, along with the Registrar, will use the County’s policy as a guide relative to vehicle use. For the purposes of this Policy, the phrase “county employee and volunteer” is intended to include all persons referenced in paragraph 1 of this section. This policy shall apply to all users of County vehicles unless otherwise provided by the Board of Supervisors. Exceptions may only be granted on a case by case basis by the County Administrator or his/her designee after a request from the Department Head, Constitutional Officer, Agency Head or County Attorney. Section 1.2 (Revised September 17, 2015) Authorized Use The following examples are an attempt to cover most circumstances or conditions of use and should not be considered all inclusive: a. Official Use - County vehicles are authorized “For Official Use Only.” Such vehicles are to be utilized to perform the functions and to conduct the operations and programs of the Department or Agency which is using the vehicle. County vehicles may be utilized both within and outside of the County for official use. b. Transport of Unofficial Parties - When such official use includes the 217 transport of unofficial parties, such transport must first be approved by the employee/operator’s supervisor. c. Private Vehicle Reimbursement - Employees may be reimbursed for the use of their private vehicle when such vehicle is used in the conduct of County business; such reimbursement shall be made in compliance with the County’s Travel Policy Chapter 7, Miscellaneous, Article I, Travel, Section 1.9. d. Volunteers - Properly licensed volunteer workers may operate County vehicles while acting within the scope of their duties with the prior written approval of the appropriate Department Head. e. Proper Licensing - Employees and authorized volunteers must have a valid, properly classified operator’s or commercial driver’s license as described in Chapter 4, Fleet, Article II, Driving Standards, Chapter in order to operate a County vehicle. Section 1.3 (Revised September 17, 2015) Guidelines for Appropriate Use The following examples are an attempt to cover most circumstances or conditions of use and should not be considered all inclusive: a. Personal Use - County vehicles may not be utilized for personal purposes or for transportation for meals unless for official County business. Exceptions include those employees who, while conducting County business, are away from their normal place of work at meal time, or those employees with an assigned County vehicle where such vehicle is the most reasonable mode of transportation available at meal time. b. Drive Home Policy - The employee is responsible for providing his/her own means of transportation for travel to and from work. At the end of the normal workday, all County vehicles and equipment shall remain at 218 designated County parking facilities. Exceptions to this policy are as follows: 1. Pool Vehicles - Employees, with prior approval as specified in the following paragraphs, may take County pool vehicles home overnight when travel from the employee's home to a destination for official County business is the most direct and/or closest route, (for example, early morning travel to a conference). (The definition of what vehicles are County pool vehicles is found in Section 1.95 herein). An employee must obtain written authorization from his/her Department Head before taking a County pool vehicle home overnight. 2. Assigned Vehicles – Authorization for an employee to use an assigned County vehicle for transportation to and from an employee’s residence will be considered for approval by the County Administrator or his/her designee upon receipt of a written request from the respective Department Head or Agency Head. Such written request must be based on the overall functionality of the Department or Agency's operations, and include: the name/title of each employee for whom authorization is requested, the frequency that the assigned vehicle will be used for transportation to and from work, location of employee's home, and narrative providing justification for the request (to include whether the employee is on an established, rotating "on call" schedule and is regularly called to perform emergency repairs or provide other emergency response after normal working hours.) Requests for employees residing outside of the County will be considered. Authorization for a Department or Agency Head to use an assigned County vehicle for transportation to and from his/her residence will be considered for approval by the County Administrator or his/her designee upon receipt of a written request. Such written request must provide sufficient information which supports the justification of such use, as outlined above. 219 c. Seatbelts - All operators of County vehicles and all passengers therein shall properly use seat belts (if the vehicle is equipped with seat belts). d. Prohibition of Alcohol and Illegal Substances - It is absolutely prohibited for County-owned vehicles to be utilized if the operator is impaired by, or under the influence of alcohol, intoxicants, drugs, or illegal substances. The possession or consumption of alcohol, intoxicants, or illegal drugs while using County vehicles for transportation is also prohibited. e. Rendering Assistance - County vehicles may not be used to pull or push any other vehicle. It is permissible to render assistance in case of accidents or other emergencies and to transport unofficial parties in such cases. f. Motor Vehicle Laws - County vehicles are not to be driven in violation of the motor vehicle laws of Virginia. All citations are to be reported immediately to the employee’s supervisor and may be grounds for suspension or revocation of the employee’s driving privileges. Section 1.4 (Revised September 17, 2015) Accidents a. Driving Practices - Operators should practice “defensive driving” and anticipate and observe the actions of other drivers and control their own vehicle in such a manner so as to avoid an accident involvement. b. Accident Involving County Vehicle - In the event an accident should occur involving a County-owned vehicle, the following procedures should be followed: 1. Call for an ambulance for anyone seriously injured. (Dial 911 in most areas.) When calling from a cellular/PCs phone the caller should remain near the scene of the accident until emergency personnel arrive. 220 2. Notify the Sheriff’s Office of the accident in all instances. The driver is required to immediately give notice of the accident by the quickest means of communication to a State Trooper, Sheriff, or other police official if the accident resulted in injury to or death of any person. 3. Get the names, phone numbers, and addresses of all persons in the other vehicle(s), the names, phone numbers and addresses of any witnesses, the driver’s license data of other operators, the license number of other vehicle(s) and the name of the insurance carrier for other vehicle(s) involved. 4. Complete the data on the VACoRP card located in the glove compartment of the vehicle. County vehicles will also be equipped with disposable cameras and photographs of the scene should be obtained. 5. At the scene, County vehicle operators and employee passengers, if any, should NOT ADMIT RESPONSIBILITY and should make no statement concerning the accident except to any law enforcement officers investigating the accident. Other than to investigating law enforcement officers, operators and employee passengers should make no statement concerning the accident until they have reported the accident to the Chairman of the Accident Review Committee, which report should be made as soon as reasonably possible after the accident. 6. However, the Operator may inform the other driver of the name of the County’s insurance carrier and policy number which may be found on the VACoRP card located in the vehicle's glove compartment. 7. If there are no injuries involved in the accident, the driver may still be required to file a report with the Division of Motor Vehicles as to the extent of the property damage involved. The driver is responsible for contacting the Division of Motor Vehicles within five 221 (5) days of the accident to determine if a report will be required. c. Rendering Assistance - Upon reaching the scene of an accident, the operator of a County vehicle is authorized to render such assistance as he or she can by caring for the injured first, calling or sending for the fire, rescue, or police and taking measures to prevent other vehicles from becoming involved in the accident. When stopping at the scene of an accident, the driver should ensure that the vehicle is parked in a safe location so as not to interfere with traffic. d. Accident Reporting - A County Vehicle Accident Report form is required and shall be completed by the operator or assigned driver of a County owned vehicle involved in an accident when: 1. An injury occurs, regardless of property damage; 2. An accident or collision involves a vehicle or property not owned by the County regardless of fault or damage sustained by either party; 3. Another County-owned vehicle or item of property is involved and damage is evident; 4. Damage to a County vehicle is visible and/or apparent. The County Vehicle Accident Report form shall be reviewed by the Department Head who shall forward copies of the report to the Department of Budget & Finance and the Chairman of the Accident Review Committee within twenty-four (24) hours of the accident or the Monday following an accident which occurs on a weekend. e. Accident Review Committee - The County’s Accident Review Committee shall be appointed by the County Administrator and will consist of a five (5) member standing committee. The Committee will consist of the following Department or Agency Heads or designees: Assistant County Administrator, General Services Director, Human Resources Director, and the Emergency Management Coordinator, and the Sheriff. The Assistant County Administrator will act as the Chair of 222 the Committee. The County Attorney or his designee may attend and provide legal advice. The County’s Accident Review Committee shall be responsible for the review of events surrounding accidents involving County owned vehicles/equipment. As a result of the review, the Committee will make a finding as to whether an accident was “Preventable” or “Not Preventable." The Committee will make recommendations for procedures to put in place to prevent future similar accidents. The findings and recommendations will be presented to the County Administrator for review and action, if necessary. Any corrective actions of an administrative or disciplinary nature resulting from the findings of the Accident Review Committee may be considered and administered by the County Administrator or the appropriate Department or Agency Head. Should disciplinary action be necessary, the employee has the right to appeal per Section 8 of the County Personnel Policies and Procedures Manual. The Committee shall meet on the first Tuesday of each month to review accidents from the previous month. The employee/driver involved in the accident and the department head/designee will appear before the Committee when notified. Tardiness or failure to appear as directed may be deemed insubordination and may result in disciplinary action. Employee passengers are also required to appear before the Committee if notified. b. Rendering Assistance - Upon reaching the scene of an accident, the operator of a County vehicle is authorized to render such assistance as he or she can by caring for the injured first, calling or sending for the fire, rescue, or law enforcement personnel and taking measures to prevent other vehicles from becoming involved in the accident. When stopping at the scene of an accident, the driver should ensure that the vehicle is parked in a safe location so as not to interfere with traffic. c. Accident Involving County Vehicle - In the event an accident should 223 occur involving a County-owned vehicle, the following procedures should be followed: Vehicle Operator Responsibilities: 1. Call for an ambulance for anyone seriously injured. (Dial 911 in most areas.) When calling from a mobile phone, the caller should remain near the scene of the accident until emergency personnel arrive. 2. Notify the Sheriff’s Office, State Police, or other law enforcement official of the accident in all instances. The driver is required to immediately give notice of the accident by the quickest means of communication to a State Trooper, Sheriff, or other law enforcement official if the accident resulted in injury to or death of any person. 3. The accident shall be reported to the driver’s immediate supervisor as soon as reasonably possible after the accident; while at the scene when possible. 4. At the scene, County vehicle operators and employee passengers, if any, should NOT ADMIT RESPONSIBILITY and should make no statement concerning the accident except to law enforcement officers investigating the accident, until they have reported the accident to their immediate supervisor. The Operator may inform the other driver of the name of the County’s insurance carrier and policy number which may be found on the insurance card located in the vehicle's glove compartment. 5. Get the names, phone numbers, and addresses of all persons in the other vehicle(s), the names, phone numbers and addresses of any witnesses, the driver’s license data of other operators, the license number of other vehicle(s) and the name of the insurance carrier for other vehicle(s) involved. 6. Complete the data on the insurance accident card located in the glove compartment of the vehicle and turn it in to their supervisor. 224 The operator should make every effort to take photographs of the scene and damage to the vehicles involved. 7. Should there be a need for towing services, passenger vehicles under the Vehicle Management Control Center (VMCC) program shall call the 24-hour hotline at (866)857-6866 for roadside assistance. All vehicles and equipment not under the VMCC program shall call a local towing company. 8. If there are no injuries involved in the accident, the driver may still be required to file a report with the Division of Motor Vehicles as to the extent of the property damage involved. The driver is responsible for contacting the Division of Motor Vehicles within five (5) days of the accident to determine if a report will be required. Supervisor Responsibilities: 1. Supervisors shall conduct an accident investigation and complete the Supervisor’s Accident/Incident Investigation Report Form in accordance with Chapter 1, Personnel, Article VX of the County Policy Manual. Investigation should take place at the scene of the accident when practical. 2. Supervisors shall forward the Accident/Incident Investigation Report Form, the insurance accident card and photographs to the Department Head for Review. 3. The Department Head shall review all accident investigation documentation and forward to the Department of Budget & Finance Accounting Manager, Department of Human Resources Risk Management Coordinator, and the Department of General Services within twenty-four (24) hours of the accident or the Monday following an accident that occurs on a weekend. d. Accident Review The Risk Management Coordinator shall be responsible for the review 225 of events surrounding accidents involving County owned vehicles/equipment. As a result of the review, findings may be made as to whether an accident was “Preventable” or “Not Preventable” and recommendations may be made for procedures to put in place to prevent future similar accidents. The findings and recommendations will be presented to the County Administrator for review and action, if necessary. Any corrective actions of an administrative or disciplinary nature resulting from the findings of the accident review process may be considered and administered by the County Administrator or the appropriate Department or Agency Head. Should disciplinary action be necessary, the employee has the right to appeal in accordance with Chapter 1, Article VIII of the County Personnel Policies and Procedures Manual. Section 1.5 (Revised September 17, 2015) Miscellaneous a. Monitoring Vehicle Use - The County Administrator or Department Head or Agency Heads shall carefully monitor and take necessary action to preclude operations that are contrary to the policies and procedures herein. b. Citizen Complaints - Complaints regarding the use or operation of County vehicles shall be directed to the Risk Management Coordinator and the Director Department of Human Resources. The Risk Management Coordinator and the Director of Human Resources Upon receipt, the appropriate Department Head or Agency Head shall coordinate with the appropriate Department Head or Agency Head to investigate the complaint and report to the County Administrator the results of the investigation and any corrective action taken regarding the complaint or recommended employee disciplinary action. The County Administrator’s Office shall report the results of its investigation to the Human Resources Department The Risk 226 Management Coordinator shall maintain any files related to the citizen complaint for the purposes of record retention. c. Supervisory Responsibilities - Department Heads and Agency Heads shall ensure that before their employees and volunteers are permitted to operate a County vehicle, drivers are properly trained in its use; in procedures to be followed should they be involved in an accident with a County vehicle; in the procedures for refueling vehicles with the automated card system; in basic maintenance responsibilities of the operator (checking tires, oil level, lights, etc.) and in preventive maintenance services as defined in Article IV, Fleet Management. In addition, each authorized driver, whether a full time County employee or volunteer worker, will be fully briefed on County and departmental personnel policies pertaining to operator negligence and damage to County property. d. Emergency Repairs - Should emergency repairs (i.e. flat tire) be necessary while a County vehicle is within the County, the driver shall notify his/her immediate supervisor and/or the Department of General Services to have the required towing and/or repairs performed. For more information, refer to Article IV, Fleet Management, Section 4.3, Maintenance and Care of Vehicles and Equipment, 3. Repairs. While traveling outside of the County, the driver should attempt to contact the Department of General Services for guidance. e. Vehicle Security - Security of a County vehicle is the operator’s responsibility. Unattended County vehicles will be locked at all times. Operators may be responsible for loss of County property from an unsecured County vehicle. f. Prohibition of Smoking, Eating, Drinking and Wireless Device Use - Smoking and/or the use of tobacco products is not permitted in County vehicles. Additionally, eating, and drinking while operating a County vehicle is prohibited. The use of County wireless devices (including mobile phones) while operating a vehicle is prohibited. Operators shall pull the vehicle off the main traffic lanes or utilize “hands-free” devices 227 in the event the operator needs to use a wireless device. g. Taxation on Personal Use - Employees authorized to use a County vehicle for personal transportation to and from the employee’s residence will be subject to the regulations of the Internal Revenue Service and taxed accordingly. h. Vehicle Identification - All service vehicles utilized by County departments will be identified with the official logo, departmental designation, and color scheme as designated by the County Administrator. i. Pool Vehicles - All vehicles that are housed at the Courthouse Complex, and are not assigned to a Department/Agency for a specific purpose will be considered Pool Vehicles and are available for use by all County Departments/Agencies., except for those employees with assigned vehicles. Maintenance of these Pool Vehicles will be the responsibility of the Department of General Services. For Pool Vehicle check out and protocol, contact the Department of General Services at (757)365-1658. All County pool vehicles should be reserved at least one (1) day prior to use. This is to be done in the following manner: 1. Check reservation board/calendar and make certain the vehicle is not already reserved. (The reservation board/calendar is located in the Human Resources Department) 2. Operators must sign out the vehicle before picking up the keys. The keys and sign-out sheets will be located at the Human Resources Department. Keys must be returned to the Human Resources Department as soon as use of the vehicle is completed. If the vehicle is returned after normal business hours, the keys will be returned to the Human Resources Department at the start of the next business day. 3. Operators shall not leave any trash or equipment in the vehicle. If the vehicle is returned after hours, it should be cleaned out as soon 228 as possible on the following business day. 4. The gas tank on any vehicle returned must have a minimum of three- fourth (¾) tank of gas. The operator must fill it after use of the vehicle. If the operator cannot fill it upon return, then it must be done at the start of the following business day. j. Toll Charges - Toll charges incurred during travel in a County vehicle are the responsibility of the Department/Agency. k. Loss of Keys - It is the responsibility of the Department/Agency assigned to the vehicle to cover all costs associated with keys being lost, stolen or locked-in a County vehicle. This includes all Pool Vehicles and includes costs such as, duplicate keys, locksmith services, or damage to the vehicle resulting from forced entry by a County employee. Section 1.6 (Revised September 17, 2015) Violations The County Administrator’s Office Department of Human Resources will review all violations of this policy. Violations may result in the employee’s or volunteer’s loss of County driving privileges and/or loss of the Department’s vehicle allocation. ARTICLE II Driving Standards (Created April 3, 2008 as a separate Article originally part of Article 1, Revised September 17, 2015) Section 2.0 (Revised September 17, 2015) Applicability 229 The requirements of this policy are applicable to all individuals requiring authorization to routinely or occasionally drive County vehicles. To ensure the safety of the employees and the citizens, individuals who drive on behalf of the County must have an acceptable driving transcript. Driver Licensing Department Heads/Agency Heads are responsible for ensuring that their employees are properly licensed and trained to operate County vehicles. A valid driver’s license as recognized by the Commonwealth of Virginia is required to operate County vehicles. The basic license requirements for passenger vehicles apply, as do the following additional requirements for heavy vehicles and equipment operated on the highway: Those persons required to operate or maintain a vehicle weighing 26,001 pounds or more, gross vehicle weight rating (GVWR); or designed to carry 16 or more passengers, including the driver; or used to transport hazardous materials required to be placarded by federal law, must have a Virginia Commercial Motor Driver’s License (CDL). Section 2.1 (Revised September 17, 2015) Driving Records A valid driver’s license recognized by the Commonwealth of Virginia for the appropriate class of vehicle or equipment which will be operated is required if such vehicle or equipment operation is specifically required in the job description. During the hiring and volunteer selection process, the County will make a conditional offer of employment to those job applicants, and will conditionally approve those prospective volunteers, who will be required to operate a County vehicle as a bona fide occupational or volunteer qualification for the position for which the job applicant or volunteer is applying. The prospective employee or volunteer shall secure a copy of their current (less than thirty (30) days old) Department of Motor Vehicle (DMV) driving record at the prospective employee’s or volunteer’s own expense and shall provide the record to the hiring or volunteer supervisor. The supervisor 230 will forward the DMV record of the prospective employee or volunteer to the Department of Human Resources Department (to be maintained in the applicant’s folder). Prior to a Volunteer, with the exception of Fire and Rescue Volunteers, being required to operate a County vehicle, he/she must undergo a verification of valid driving license status, as well as review for adherence to County Driving Standards as outlined within the policy. This verification is to be conducted by the Department Director of the department in which the volunteer is volunteering, in conjunction with the Human Resources Department as needed. Fire and Rescue Volunteers operating County vehicles will be subject to the terms outlined in the executed Vehicle Use Agreement due to the unique driving requirements associated with such volunteer assignments. No final acceptance of a prospective volunteer or final offer of employment will be extended unless and until the Department of Human Resources receives an acceptable and current DMV driving record as specified in this policy. Conditional hiring decisions shall not be delayed due to the failure of a job applicant to timely provide an acceptable and current DMV driving record. The County at its sole discretion may withdraw a conditional offer of employment due to the failure of a job applicant to provide their DMV driving record, or if the DMV driving record does not prove valid licensure or acceptable driving standard as required herein. ARTICLE V Use of County Equipment (Adopted November 4, 2004; Revised September 17, 2015) Section 5.0 Applicability County employees, appointees of the Board of Supervisors, members of the Board of Supervisors, Constitutional Officers’ staff that adhere to the County’s policies, volunteers, and all others who are required to adhere to the 231 County’s policies shall be governed by this policy when utilizing County- owned equipment. Constitutional Officers and their staff not required to adhere to the County’s policies, along with the Registrar, will use the County’s policy as a guide relative to the use of County equipment. The members of the Board of Supervisors and Constitutional Officers and their staffs will use this policy as a guide. This policy shall apply to all users of County-owned equipment unless otherwise provided by the Board of Supervisors. Exceptions may only be granted on a case by case basis by the County Administrator or his/her designee after a request from the Department/Agency Head. Section 5.1 Authorized Use The following examples are an attempt to cover most circumstances or conditions of use and should not be considered all inclusive: a. Official Use - County-owned equipment is authorized “For Official Use Only.” Such equipment is to be utilized to perform the functions and to conduct the operations and programs of the Department or Agency which is using the equipment. County equipment may be utilized both within and outside of the County for official use. b. Volunteers - Volunteer workers may operate County-owned equipment while acting within the scope of their duties with the prior written approval of the appropriate Department/Agency Head. Section 5.2 Unauthorized Use The following examples are an attempt to cover most circumstances or conditions of use and should not be considered all inclusive: 232 a. Personal Use - County-owned equipment may not be utilized for personal purposes. At the end of the normal workday, all County- owned equipment shall remain at designated County facilities, unless the employee will be working away from a County facility and requires the use of assigned County-owned equipment. b. Prohibition of Alcohol and Illegal Substances - It is absolutely prohibited for County-owned equipment to be utilized if the operator is impaired by, or under the influence of alcohol, intoxicants, drugs, or illegal substances. c. Notification - It is the volunteer or employee's responsibility to notify the appropriate Department Head, Agency Head or County Administrator of any condition or situation (medical or otherwise) which would impede his/her ability to operate County equipment. The County reserves the right to revoke the volunteer or employee's authorization to operate County equipment should such situations or conditions warrant. BE IT FUTHER RESOLVED THAT, the Board of Supervisors hereby amended and re-adopted Chapter 4: Fleet and Equipment Maintenance, Article IV as follows: ARTICLE IV Vehicle and Equipment Maintenance and ReplacementFleet Management (Adopted April 15, 2004, Revised September 17, 2015) Section 4.0 Applicability County employees, official appointees of the Board of Supervisors, members of the Board of Supervisors, Constitutional Officers’ staff that adhere to the County’s policies, volunteers, and all others who are required to adhere to the 233 County’s policies shall be governed by this policy. The members of the Board of Supervisors and Constitutional Officers and their staffsConstitutional Officers and their staff not required to adhere to the County policies, along with the Registrar, will use this policy as a guide relative to vehicle and equipment maintenance and replacementfleet management. This policy shall apply to all County vehicles and to all users of County vehicles unless otherwise provided by the Board of Supervisors. Exceptions may only be granted on a case-by-case basis by the County Administrator or his/her designee after a request from the Department Head, Constitutional Officer, Agency Head or County Attorney. Section 4.1 Vehicle Responsibility It shall be the responsibility of the employee to whom a vehicle or other equipment is assigned to ensure proper maintenance, repair, state inspections and cleanliness. Any vehicle or other equipment not assigned to an individual but to a department will be the responsibility of the department head/designee. As noted in the Vehicle Use Policy (Chapter 4, Article I, Section 1.9, Item j), maintenance of pool vehicles is the responsibility of the Department of Public Works. Additionally, the Vehicle Use Policy requires that operators not leave trash or equipment in the vehicle, and return the vehicle with a minimum of one-half (1/2) tank of gas. Section 4.2 State Inspections/Preventive Maintenance Each responsible party, as set out in Section 2.1, shall ensure that its respective vehicles are inspected in accordance with Virginia inspection schedules. 234 Additionally, each responsible party shall ensure its vehicles on mileage- based preventive maintenance schedules are serviced (oil change, replace oil filter, fluids checked, etc.) every 5,000 miles or every six (6) months, whichever occurs first. Vehicles and equipment on hours-based preventive maintenance schedules will be serviced in accordance with recommended manufacturer’s specifications. The Director of Public Works shall develop and administer a programmed maintenance plan for all County vehicles which establishes levels of programmed maintenance, establishes frequency and schedules for programmed maintenance, establishes maintenance/repair criteria and establishes cost accounting and reporting procedures. Preventive maintenance schedules shall be adhered to within the miles/hours noted on the dash sticker of the vehicles and equipment. Failure to comply with scheduled maintenance or State inspection is a violation of fleet policy and shall be viewed as misuse. The Director of Public Works has the authority to remove from service any vehicles or equipment not being properly maintained or in need of repair. Section 4.3 Repairs All necessary repairs shall be made in a timely, safe and economical manner at licensed automotive repair shops with licensed mechanics as identified and provided by the Director of Public Works. All repairs shall be made in accordance with the County’s Central Purchasing Policy, as contained in the County Policy Manual. Section 4.4 Emergency Repairs In accordance with the Vehicle Use Policy (Chapter 4, Article I, Section 1.9, Item e), should emergency repairs (i.e., repair or replacement of a flat tire) be necessary while a County vehicle is within the County, the driver shall notify 235 his/her immediate supervisor and/or the Department of Public Works to have the required towing and/or repairs performed. The Director of Public Works shall develop and distribute a set of guidelines to all departments which shall serve to provide direction to individuals in those instances where a County vehicle requires emergency repairs while travelling outside of the County and/or while travelling outside of normal working hours. Section 4.5 Recommended Vendors A list of local authorized vendors is available from the Public Works Department. When quotes are required in accordance with the County’s Central Purchasing Policy, these vendors may be contacted. The list is subject to change and procurement procedures. In some circumstances the vendor from whom a vehicle or piece of equipment was purchased may be recognized as an authorized repair vendor, provided they perform such services as are needed. In all other circumstances, open service agreements, as procured and established by the County, shall be utilized. Section 4.6 Vehicle/Equipment Replacement Replacement of vehicles and equipment will be planned and programmed in the annual budget cycle, unless deemed by the County Administrator to be an emergency. Requests for replacements will be made to the Vehicle/Equipment Replacement Committee consisting of the Assistant County Administrator, the Director of Public Utilities, the Director of Public Works and the Director of Budget and Finance. The Committee will make replacement recommendations to the County Administrator, as needed. Any emergency request for replacements made outside of this process will be 236 submitted in writing to the County Administrator and must include justifications and possible funding sources. Replacements shall be based on total cost to operate, mileage, and/or age. Total cost to operate shall have the highest value. Total cost shall take into consideration cost to purchase replacements, operational cost, maintenance cost, age, condition, and resale value. Replacements shall not be based on personal preference. Determination of replacements shall take place during budget preparation. Once a vehicle or equipment has been put out of service and the replacement has been received, the replaced vehicle or equipment will be declared surplus and held for public auction. The surplus equipment will not be put back in service again unless expressly authorized by the County Administrator. Replacements shall not be used as a means of increasing the size of the vehicular fleet. If a vehicle/equipment recommended for replacement is not replaced, repairs necessary to ensure that the vehicle/equipment is safe and reliable will be accomplished until a replacement is obtained. Compact and mid-sized vehicles shall be specified whenever they can accomplish the mission for which they will be utilized. Full-sized vehicles are to be purchased only when justification shows that compact and mid- sized vehicles are not best suited for the intended mission. Automatic transmissions shall be specified for automobiles and light trucks. Manual transmissions may be specified only when an automatic transmission is not suitable for a particular application. Requests for four-wheel drive vehicles may be approved when a compelling need can be demonstrated. Section 4.1 Defined Terms DGS –Isle of Wight County’s Department of General Services 237 Equipment is defined as any vehicle requiring a valid Commercial Driver’s License (i.e. roll-off trucks, knuckle boom, school buses, dump trucks); or heavy equipment (i.e. back hoes, excavators, tractors, front end loader, etc.) Fleet refers to both Vehicles and Equipment, as defined herein. Pool Vehicles are defined as vehicles that are not assigned directly to a Department/Agency for a specific purpose and are available for use by all County Departments/Agencies. Vehicle is defined as a passenger vehicle that carries up to 15 passengers. Vehicle Management Control Center (VMCC) Program is a state scheduling and tracking system for vehicle repairs, preventative maintenance, fuel consumption, mileage, inventory, etc. This program is for County vehicles using gasoline (unleaded) fuel only and requires the vehicles in this program to use the state fuel card system (Voyager Fuel Card). Voyager Fuel Card System is a card based system used for fueling gasoline (unleaded) vehicles. Transportation Liaison is the person designated by a Department/Agency Head to internally manage their vehicles and equipment. Section 4.2 Roles and Responsibilities County Administrator (CA) shall have ultimate authority over all decisions concerning fleet management. General Services Director, or designee, shall be responsible for the enforcement of all policies and procedures concerning fleet management (i.e. assignments, utilization, maintenance, repairs, and fuel). The Director will also be responsible for providing an annual operating budget recommendation to the committee for additional/replacement fleet and 238 Department/Agency fuel, maintenance and repair budgets. All Pool Vehicle services will be the responsibility of the Department of General Services. Department/Agency Heads shall monitor and enforce all policies and procedures within their respective Department/Agency. Provide annual reporting to the Director of General Services in accordance with Section 4.8 for preparation of the annual operating budget. Transportation Liaison shall coordinate all maintenance and repairs for assigned vehicles with the VMCC, manage the state fuel card program (Voyager), ensure all payments are promptly submitted for payment and provide necessary reporting to the Department of General Services. Section 4.3 Maintenance and Care of Vehicles and Equipment Each Department/Agency shall assign a Transportation Liaison, to be responsible for monitoring and controlling the routine maintenance and repairs for fleet assigned to their Department/Agency.  For Vehicles using GASOLINE: The Department/Agency Head shall advise their drivers or their designated Transportation Liaison to contact the Vehicle Management Control Center (VMCC) for all servicing, repairs, breakdowns, and accidents.  For Equipment and Vehicles using DIESEL: The Department/Agency shall maintain them in accordance with vehicle/equipment specific preventive maintenance schedules. Department and/ or Agencies may contact the DGS for assistance in developing internal policies and procedures. a. Routine Maintenance: The DGS recommends the Department/Agency Transportation Liaison and/or assigned drivers routinely check their vehicles and equipment to 239 ensure proper fluid levels and visually inspect proper inflation of tires at least weekly and/or at the time of fueling. The exterior of the vehicles and equipment should be washed, the interior vacuumed and the windows cleaned as often as needed. b. Preventative Maintenance: Department/Agency shall coordinate all preventative maintenance services of assigned vehicles and equipment. Preventative maintenance shall be performed at least once each 6,000 miles or six (6) months, whichever comes first. Equipment on hours-based preventative maintenance schedules will be serviced in accordance with recommended manufacturer’s specifications.  Vehicles using GASOLINE: All services shall be scheduled through the VMCC. The VMCC will contact the Department/Agency assigned to a vehicle when services are due. Assigned drivers or their designated Transportation Liaison shall communicate with and follow the instructions from the VMCC. Such servicing is to include an oil and oil filter change, an inspection of the air filter, chassis lubrication and a visual inspection of the belts, hoses, tires, and fluid levels.  Equipment and Vehicles using DIESEL: The assigned Department/Agency shall maintain preventative maintenance schedules internally and schedules shall be based on recommended manufacturer’s specifications. The Department/Agency is responsible for scheduling services directly with the vendor and should use a VMCC approved vendor when feasible. All acquired services, regardless of VMCC approved vendor, must adhere to the County’s Procurement Policy located in Chapter 2, Financial and Accounting, Article I of the County Policy Manual. c. Repairs: Department/Agency shall coordinate all repair services of assigned vehicles and equipment. Mechanical trouble or deficiencies concerning 240 vehicles shall be brought to the attention of the Department/Agency Head and/or designated Transportation Liaison.  Vehicles using GASOLINE: All needed repairs or vehicle component replacements shall be scheduled through the VMCC. The Department/Agency Transportation Liaison will coordinate with the VMCC when repairs are needed. All repairs exceeding $699 will require approval from the Director of General Services or his/her designee prior to services being performed.  Equipment and Vehicles using DIESEL: All needed repairs or vehicle component replacements shall be scheduled by the Department/Agency assigned to the vehicle. The Department/Agency is responsible for scheduling services directly with the vendor and should use a VMCC approved vendor when feasible. All acquired services, regardless of VMCC approved vendor, must adhere to the County’s Procurement Policy located in Chapter 2, Financial and Accounting, Article I of the County Policy Manual. d. Warranty or Recall: Each Department/Agency shall ensure that warranty or recall notices are properly addressed and reported to the Department of General Services.  Vehicles using GASOLINE: The Department/Agency Head or Transportation Liaison shall contact the VMCC when warranty or recall notices are received. Any subsequent work shall be coordinated and scheduled through the VMCC.  Equipment and Vehicles using DIESEL: The Department/Agency is responsible for coordinating all warranty and recall work directly with the vendor or manufacturer. This information shall be added to the Department/Agency’s internal vehicle records. e. State Inspections: 241 Each Department/Agency shall ensure that their assigned vehicles are inspected in accordance with Virginia state inspection schedules.  Vehicles using GASOLINE: Vehicle inspections shall be scheduled through the VMCC. The VMCC will contact the Department/Agency assigned to a vehicle when inspections are due.  Equipment and Vehicles using DIESEL: All inspections shall be scheduled directly with the vendor by the Department/Agency assigned to the vehicle. All acquired services must adhere to the County’s Procurement Policy located in Chapter 2, Financial and Accounting, Article I of the County Policy Manual. f. Towing:  Vehicles using GASOLINE: When a vehicle is inoperable, the driver shall call the VMCC to arrange for towing or on-site repairs, or for the transportation of the driver and any passengers to a safe location.  Equipment and Vehicles using DIESEL: The Department/Agency assigned to the vehicle is responsible for contacting a local vendor for service. All acquired services must adhere to the County’s Procurement Policy located in Chapter 2, Financial and Accounting, Article I of the County Policy Manual. g. Responsibility for Cost of Maintenance and Repairs: Each Department/Agency shall ensure assigned vehicles and equipment are in good running order, making repairs and replacing all vehicle equipment components when necessary. Departments/Agencies shall be responsible for paying bills as allotted in their approved budget.  Vehicles using GASOLINE: The VMCC pays vendors directly for all vehicle services and then invoices the Department/Agency that is responsible for the vehicle. The Department/Agency is responsible for ensuring that charges are accurately billed and paid in a timely manner. 242  Equipment and Vehicles using DIESEL: The Department/Agency Heads are responsible for ensuring that charges are accurately billed and payment is made directly to the vendor in a timely manner. Section 4.4 Servicing Vendors In accordance with the County’s Procurement Policy located in Chapter 2, Financial and Accounting, Article I of the County Policy Manual, only vendors listed on the VMCC approved vendor list will be consider an approved vendor. In some circumstances, the vendor from whom a vehicle or piece of equipment was purchased may be recognized as an authorized repair vendor, provided they perform such services as are needed. If the vendor is not listed on the VMCC approved list, the Department/Agency Head shall call the Department of General Services for instructions. Section 4.5 Vehicle and Equipment Assignment To insure full and proper utilization, the County vehicles and equipment are assigned by the Department of General Services to a Department and/or Agency and managed by the Department/Agency Head or Transportation Liaison. While the needs of a specific employee may be used as justification for an additional assignment of a vehicle, the assigned vehicle is to be under the control of the Department/Agency Head for use throughout the Department/Agency. The assignment of a vehicle shall be reviewed annually during the budget process at the discretion of the Director of DGS. Vehicle assignments will terminate upon notification by the Director of DGS, unless the Department/Agency Head determines that the vehicle is no longer needed prior to such notification. 243 1. Assignment Criteria: Assignments will be approved only on the basis of one (1) of the following: a. Law enforcement or emergency services – all vehicles shall be assigned vehicles. b. An employee whose job duties require the constant use or continuous availability of a vehicle or specialized equipment, which cannot feasibly or economically be either transferred between Departments or Agencies. Such equipment may include medical supplies, a monitoring or testing apparatus or other supplies, equipment or material necessary to perform the Department/Agency’s mission or function. c. An employee, on 24-hour call, who must respond to emergencies on a regular or continuing basis where the emergency response is normally to a location other than the employee's official work station. d. The vehicle is used for essential travel on a routine basis for essential administrative functions of the Department/Agency for which the use of a temporary assignment or personal mileage reimbursement is neither feasible nor economical. 2. Request for Assignment: Requests by Department/Agency for assignments are to be submitted to the DGS on the FLEET-1 Form, "Application for Assignment of County Vehicle or Equipment" (Attachment # 1) Completed form must be signed by the Department/Agency Head. The form should be submitted at least 90 days prior to the need for the vehicle, when feasible. 3. Assignment - Informational Updates: Departments/Agencies are to keep the DGS advised of any changes regarding vehicle and equipment assignment, including changes in the 244 principal assignee, location of vehicle or any factors that may affect vehicle utilization. The FLEET-1 Form, "Application for Assignment of County Vehicle or Equipment." (Attachment # 1) is to be used to advise DGS of any changes. 4. Recall of Assigned Vehicles and Equipment: The DGS has the authority to recall any vehicles or equipment to support County operations. The process for recall shall be as follows:  The DGS shall notify the Department/Agency Head of the vehicle recall in writing.  The Department/Agency Head may appeal the decision to the Director of the DGS in writing within 15 days.  The Director of DGS shall make a final determination of any appeals and notify the appropriate Department/Agency Head within 30 days. Section 4.6 Fuel Program 1. Unleaded Fuel: Fuel shall be obtained using the Voyager Fuel Card assigned to each vehicle. Drivers MUST enter correct odometer readings, no tenths, into the card readers at commercial self-service fueling sites. Each card shall be assigned to a specific vehicle and only used for obtaining fuel for that vehicle only. It is the responsibility for the Department/Agency Head or designated Transportation Liaison to run reports to ensure consistent and correct odometer readings are entered. Correct odometer readings are critical to the VMCC system, and this requirement will be strictly enforced. Improper fuel transactions identified by the VMCC or DGS will be 245 reported immediately to the respective Department/Agency who will have 15 days to investigate and respond to the DGS. Use only unleaded regular fuel in gasoline powered County-owned vehicles. Mid-grade or premium blends are only to be used when regular is not available or the manufacturer requires the use of high-octane fuel in the vehicle. A directory of Voyager Fuel Card locations can be found at: https:// www.fleetcommanderonline.com/app/public/merchantLocator.do a. Voyager Fuel Card Program Responsibilities: This card program is for gasoline (unleaded) fuel only and shall be managed in a manner consistent with all applicable County accounting policies and procedures related to the use of charge card programs. Department/Agency Heads assume ultimate responsibility for employees’ use of the card, as well as the accountability for the physical security of the fuel cards. A Voyager Fuel Card assigned to a vehicle can be only be used to purchase either regular unleaded gasoline or E85 if the vehicle is capable of using E85. b. DGS Responsibilities:  Periodically monitors Department/Agency card usage activity for delinquent payments, inactive cards, inappropriate purchases and proper mileage entry.  Ensures Department/Agency Fuel Card users and Transportation Liaisons receive appropriate training and support from the fuel card vendor. 246 The DGS will electronically monitor all fuel card accounts in the program via the state website. If a Department/Agency has questions regarding the Voyager Fuel Card program, please contact: Department of General Services at (757) 365-1658 2. Diesel Fuel: Fuel shall be obtained at designated County owned fueling stations or using the purchasing card at commercial stations when authorized by the Department/Agency Head. 3. Payment of Bills: Departments/Agencies shall be responsible for paying bills as allotted in their approved budget.  Vehicles using GASOLINE: Voyager pays vendors directly and then invoices the Department/Agency that is responsible for the vehicle. The Department/Agency is responsible for ensuring that charges are accurately billed and paid in a timely manner.  Equipment and Vehicles using DIESEL: The Department/Agency using a County owned fueling station shall ensure drivers promptly inform the DGS of following; Department/Agency name, driver’s name, vehicle/equipment number, number of gallons and the date of the transaction. Charges will be based on the vendor’s average monthly charge per gallon. Section 4.7 Additional/Replacement Fleet All budgetary requests for additional and replacement vehicles and equipment shall be planned and programmed in the annual budget cycle by the DGS. Department/Agency requests shall be submitted to the DGS as defined in Section 4.5, Assignments, using the FLEET-1 Form, "Application for Assignment of County Vehicle or Equipment." 247 For all emergency replacement requests, Department/Agencies should contact the DGS. Replacements shall be based on total cost to operate, mileage, and/or age. Total cost to operate shall have the highest value. Total cost shall take into consideration cost to purchase replacements, operational cost, maintenance cost, age, condition, and resale value. Replacements shall not be based on personal preference. Determination of replacements shall take place during budget preparation. Once a vehicle or equipment has been put out of service and the replacement has been received, the replaced vehicle or equipment will be returned to the DGS. If a vehicle/equipment recommended for replacement is not replaced, repairs necessary to ensure that the vehicle/equipment is safe and reliable will be accomplished until a replacement is obtained. Compact and mid-sized vehicles shall be specified whenever they can accomplish the mission for which they will be utilized. Full-sized vehicles are to be purchased only when justification shows that compact and mid- sized vehicles are not best suited for the intended mission. Automatic transmissions shall be specified for automobiles and light trucks. Manual transmissions may be specified only when an automatic transmission is not suitable for a particular application. Requests for four-wheel drive vehicles may be approved when a compelling need can be demonstrated. 1. Replacement Criteria for County Fleet: County passenger vehicles will not be considered for replacement until they qualify for at least one (1) of the following criteria: a. Vehicle has over 85,000 miles. b. Vehicle is more than seven (7) years old. 248 c. Vehicle has damage or needs repair that is greater than 80% of the NADA value. d. Director of DGS has determined that the overall condition of the vehicle has deteriorated to an “un-repairable” state. 2. Disposal Process for County Fleet: Once a vehicle has met the disposal requirements and the Director of DGS has notified the Department/Agency, the following steps shall be followed: a. Removal of all seals, decals, and equipment from the vehicle. b. Return the vehicle to the Department of General Services. c. If the vehicle is not drivable, the Department/Agency Head should contact the DGS. The DGS will make arrangements for the vehicle to be transported. d. The DGS will process the vehicle for surplus, which includes notifying the Department of Budget & Finance for asset management and fiscal purposes, as defined in Chapter 2, Financial and Accounting, Article I, Central Purchasing and Article V, Fixed Assets. Section 4.8 Annual Reporting Requirements The Department of General Services will ultimately prepare the fleet budget recommendation to the County Administrator each year. The Departments/Agencies should submit information to DGS about their fleet needs for the upcoming fiscal year. DGS will then prepare a recommended budget request. Each Department/Agency with assigned vehicles and equipment will be responsible for submitting an annual report to the DGS. The annual report 249 shall include year, make, model, vehicle/equipment identification number, current mileage, last inspection date, fuel, repair and preventative maintenance costs (to include description of work performed) for each vehicle. 1. Vehicles using GASOLINE: A report from the VMCC will satisfy all annual reporting requirements. The DGS will contact the Department/Agency directly, if discrepancies are found in the VMCC report, in which case the Department/Agency Head will have 15 days to reconcile the discrepancy. 2. Equipment and Vehicles using DIESEL: Departments/Agencies shall provide the annual report as defined above directly to the DGS. Section 4.9 Violation Failure to comply with the Fleet Management Policy may result in disciplinary action, up to and including termination. The Director of General Services has the authority to remove from service any vehicles or equipment not being properly maintained or in need of repair. ATTACHMENT A 250 FLEET-1 FORM Department/Agency:Date: Type of Request:Vehicle Assignment Details: Class of Vehicle/Equipment:Date Needed: Shared or Individual Use:Projected Annual Mileage: Reason for Assignment Request: 4x4 Justification: Provide a description or rationale for 4x4 to include off road usage. Size Justification: Provide usage justification for any vehicle larger than a compact car. Year:License Plate Number: Make:VIN: Model:Current Mileage: Additional Vehicle Information (if any; 4x4, specialized equipment, etc.) ForREPLACEMENTVehicle/EquipmentRequestsOnly:Pleaseprovidethefollowinginformation regarding the vehicle or equipment your requesting to be replaced, should your request be granted: Select One VehicleDescription (thissectiononlyneedstobecompletedifyouarerequestingapickup,SUV,cargovanor heavy equipment). Please describe what you want; 1/2 ton, extended cab, etc. Department of General Services "Application for Assignment of County Vehicle or Equipment" Select One Select One Isle of Wight County 251 Department/Agency Head Department/Agency Transportation Liaison Request for Additional Vehicle Approved YesNo Request for Replacement Vehicle Approved YesNo Request for Additional Equipment Approved YesNo Request for Replacement Equipment Approved YesNo The reason your request was denied: Director, Department of General ServicesDate Certification Iherebycertifythattheinformationprovidedonthisformistruetothebestofmyknowledgeandthatthe vehicle/equipment being requested is the most cost effective means that meets my mission requirements. Date Date Department of General Services Use Only 252 BE IT FUTHER RESOLVED THAT, the Board of Supervisors hereby removes Chapter 4: Fleet and Equipment Maintenance, Article VI as follows: ARTICLE VI Use of County Buses by Non-Affiliated Organizations (Adopted April 7, 2005) Section 6.0 Criteria In order to properly obtain permission to use County buses, an organization must: Be a (1) non-profit civic club, (2) service organization, or (3) a state or federal agency that provides a public service to Isle of Wight County residents. Submit a proper request on the required form, which is available from the Isle of Wight County Department of Parks and Recreation. Provide a certificate of insurance that sets liability limits of no less than $1,000,000.00 per occurrence naming the “Isle of Wight County Board of Supervisors” as an additional insured. Provide payment to recover the operating cost of the vehicle requested, per the fee schedule provided with the application. Utilize a driver that is currently on, or qualifies for, placement on the list of County approved drivers. All bus drivers must meet established qualifications and be approved prior to the use of a bus. All applications must be submitted no less than fourteen (14) days prior to the date of use to the Director of Parks and Recreation for consideration by the County Administrator. 253 Section 6.1 Application Application for Use of Isle of Wight County Buses _________________________________________________________ Name of Organization _________________________________________________________ Address of Organization _________________________________________________________ Contact Person Representing Organization _________________________________________________________ Position with Organization _________________________________________________________ Address _______ ____________________ Day Phone # Night Phone # _________________________________________________________ Vehicle being requested _________________________________________________________ Requested Date of use _________________________________________________________ Planned use of Vehicle _________________________________________________________ Designated Driver Va. Drivers License # _________________________________________________________ Insurance Carrier Term of Insurance 254 By signing this application I assure that the _________________ agrees to operate the vehicle in a safe manner and will adhere to all rules as designated by the Vehicle Use Policy, as adopted by the Isle of Wight County Board of Supervisors, and the regulations that are part of this application. In addition, we agree to repair any damage that may occur during our use of such vehicle, and to return the vehicle clean and with a full tank of fuel. ________________________________ __________________ Signature Title Date ____________ _____________ ______________________ Approved Not Approved County Administrator Bus # Assigned _______________ Approved as to Form: Mark C. Popovich County Attorney Section 6.2 Fee Schedule for Use of Bus Managed by the Department of Parks and Recreation Within Isle of Wight County – Base Fee $25.00 Plus $.50 per mile Outside of Isle of Wight County – Base Fee $50 Plus $0.50 per mile *Traveling from Nike Park to Newport News or Hampton will qualify for the in County base rate. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. 255 Mr. Meek presented a Resolution to Eliminate Chapter 2, Financial and Accounting, Article VI, Annual Review - Parks and Recreation Program Fee and Establish a Nonprofit Organization Tax Exemption Policy of the County Policy Manual for the Board's consideration. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO ELIMINATE CHAPTER 2, FINANCIAL AND ACCOUNTING, ARTICLE VI, ANNUAL REVIEW – PARKS AND RECREATION PROGRAM FEE AND ESTABLISH A NONPROFIT ORGANIZATION TAX EXEMPTION POLICY OF THE COUNTY POLICY MANUAL WHEREAS, Chapter 2, Article VI, of the County Policy Manual provides for a policy requiring the annual review of parks and recreation program fees; and, WHEREAS, the parks and recreation program fee review policy is redundant with the annual review of all County fees conducted as part of the annual operating and capital budget development process; and, WHEREAS, Section 58.1-3651 of the Code of Virginia provides authority to Virginia localities to exempt the real and personal property taxes of nonprofit organizations that use such property for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes; and, WHEREAS, it is the desire of the Board of Supervisors to establish a policy to specify the application process and criteria to evaluate real and personal property tax exemption requests from nonprofit organizations in accordance with Section 58.1-3651 of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED that Chapter 2, Article VI, of the County Policy Manual be eliminated and replaced as follows: ARTICLE VI 256 Annual Review - Parks and Recreation Program Fee Review (Adopted December 15, 2005) Section 6.0 Parks and Recreation Annual Program Fee Review The Board of Supervisors is dedicated to providing leisure experiences that will have a positive impact on the quality of life for Isle of Wight County residents and visitors. As part of this mission, the Isle of Wight County Parks and Recreation Department offers a wide variety of recreational programs. It is the intent of this policy to assure that program fees pay for direct program costs. Annually, the Director of Parks and Recreation in conjunction with the Director of Budget and Finance will review programs offered by Parks and Recreation to establish program fees which provide adequate income to offset direct program costs. The Board of Supervisors delegates to the County Administrator the authority to set such fees. CHAPTER 2: FINANCIAL AND ACCOUNTING Article VI Applications for Non-Profit Organization Tax Exemption for Real and Personal Property Section 6.0 Purpose This policy sets forth the procedural process and guidelines for qualifying nonprofit organizations to request exemption from real and personal property taxation in Isle of Wight County. The policy is intended to promote the efficient and timely management of applications and documentation of responsible parties required to facilitate tax exemption requests to the Board of Supervisors. 257 Section §58.1-3651 of the Code of Virginia, 1950, as amended, governs the requirements for entities seeking to have tax-exempt status granted to real or personal property owned by that entity. This section grants the Board of Supervisors the authority to designate as tax exempt that real and personal property owned by organizations which use it exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. In order to receive the tax-exempt status designation, the entity must comply with the procedural requirements contained in Section §58.1-3651, including a public hearing, to receive citizen comment on the request. If the Board of Supervisors adopts the ordinance for exempt status, the exemption is valid for the next July 1st tax year and all future years unless revoked in accordance with the provision of §58.1-3605. Section 6.1 Submission Requirements An application for tax exemption must be submitted to the Commissioner of the Revenue by the requesting organization along with a check made payable to Treasurer, Isle of Wight County, Virginia for the cost of the required public hearing announcements in order to be considered by the County for exemption from real and/or personal property taxes. The public hearing notices shall be advertised in accordance with County Policy. The cost of the public hearing announcements shall be specified in the Fee Schedule of the fiscal year operating budget. All information required as part of the application must be provided in order for the tax exemption request to be considered by the Board of Supervisors. In accordance with Section §58.1-3651, before adopting an ordinance granting tax-exemption, the Board of Supervisors is required to consider the following questions: 1. Whether the organization is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1954. 258 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to the applicant for use on the property. 3. Whether any director or officer of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director or officer actually renders. 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants. 5. Whether the organization provides services for the common good of the public; specific consideration will be given to the level of services provided for the common good of the public to citizens of Isle of Wight County. The organization should have been providing services in Isle of Wight County for a minimum of three (3) years. At least a minimum of 50% of the organization services and community benefit should be provided to citizens of Isle of Wight County. 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. 7. Whether the organization has rules, regulations, policies, or practices that discriminate on the basis of religious conviction, race, color, sex, or national origin. 8. The revenue impact to the locality and its taxpayers of exempting the property. The information is generally answered by the Commissioner of the Revenue’s office. The County shall assess the County service requirements for the facility requested to be exempted and the financial impact of any exempted tax burden shift to the taxpaying citizens and businesses. 259 9. Any other criteria, facts and circumstances that the Board of Supervisors deems pertinent to the adoption of such ordinance. Section 6.2 Application Review and Public Hearing Requirements The Commissioner of the Revenue’s office shall: a. Accept applications as well as the cost of advertising the public hearings and transmit said funds for deposit to the Treasurer’s Office. b. Process the application within 45 business days of receipt to review the application for completion and accuracy and request any additional information required to process the application. c. Complete the following sections of the attached “Evaluation Summary Form”: 1. Application Routing Number 2. Date Application Received by the Commissioner of the Revenue 3. Organization Name 4. Property Address 5. Assessed Value 6. Parcel Map# 7. Tax I.D. # d. Forward the application and all supporting documentation to the County Administrator’s Office for agenda placement and consideration by the Board of Supervisors. The County Administrator’s Office shall: a. Schedule a public hearing for action by the Board of Supervisors within 45 business days of receipt of the application for tax exemption and “Evaluation Summary Form” from the Commissioner of the Revenue. 260 b. Place the advertisement for public hearing in a newspaper of general circulation in accordance with State Code and Chapter 8, Article 5, of the County Policy Manual, and retain the newspaper certification of same for the permanent record. The notice of public hearing must contain the assessed value of the real or personal property of the organization along with the amount of taxes that were, or would be, assessed against such property. The public hearing cannot be held until at least 5 days after the publication of the notice of public hearing. c. Prepare and submit an agenda item and related authorizing ordinance for placement on the Board of Supervisors agenda. The ordinance must include a statement regarding the specific use on which the exemption is based, as well as a statement that continuance of the exemption shall be contingent on the continued use of the property in accordance with the purpose for which the organization is designated through a triennial application process as more specifically set forth in Section 6.3 below. d. Review and complete the “Evaluation Summary Form” including the Criteria Evaluated section for attachment to the agenda item. e. Notify the applicant in writing of the public hearing date. f. Notify in writing the applicant of any action or inaction by the Board of Supervisors to include a copy of any ordinance adopted after the public hearing. g. Finalize the documentation of the “Evaluation Summary Form” and acquire appropriate processing signatures of any actions authorized by the Board of Supervisors. h. Retain the permanent record of the application information and Board of Supervisors action taken for review by the public and/or auditors in compliance with record retention requirements to include 261 scanning all file contents to an appropriately titled file for future reference. Section 6.3 Triennial Application for Exemption; Removal by Local Governing Body In accordance with §58.1-3605 of the Code of Virginia, organizations receiving exemption from real and/or personal property taxation by the Isle of Wight Board of Supervisors shall be required to file triennially an application as a requirement for retention of the exempt status of the property. Such application shall show the ownership and usage of such property and shall be filed within sixty days preceding the tax year for which such exemption, or the retention thereof, is sought. The requirement to file a triennial application to maintain exempt status shall be written into the ordinance designating an organization as exempt from real and/or personal property taxes. The Board of Supervisors may submit to the General Assembly a list of those organizations whose property is designated as tax exempt under §58.1-3650.1 et seq. which the local governing body wants to remove from its exempt property list. Legislation including such a list must be introduced no later than the first calendar day of any session of the General Assembly unless requested by the Governor. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. The following matters were highlighted by County Administrator Seward for the Board’s information: Monthly Reports: Tax Levies & Collections as of August 2015; Cash Position; and, Statement of the Treasurer’s Accountability; Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015; Isle of Wight Cooperative Extension Monthly Activity Report/August; Isle of Wight Website Statistics/August 2015; Solid Waste Division Litter Pickup; Quarterly Financial Report Detail (4th Qtr. FY15) and Presentation – 8-27-15; Annexation Presentation – 8-27-15; Gatling Pointe Waterline Presentation – 8-27-15; VACo Region 1 262 Hosting – Wednesday, September 23, 2015 @ 7:00 p.m.; and, the Rushmere Community Meeting – Tuesday, September 29, 2015 @ 7:00 p.m. UNFINISHED/OLD BUSINESS County Attorney Popovich responsive to Board direction at its June meeting, advised that he has conferred with the Chief Animal Control Officer regarding what type of control an animal control officer should have relative to the enforcement of livestock and poultry animals running at-large Supervisor Casteen moved that the County Attorney be directed to advertise an amendment to Chapter 3, Animals and Fowl, to include the proposed language as presented. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. NEW BUSINESS Under New Business, Supervisor Darden asked County Administrator Seward to contact Mayor Richardson and advise the procedure to be taken for the Town of Windsor to request the funding previously approved by the County for the Windsor Middle School gymnasium project. Supervisor Casteen reported on his recent conversation with the Town of Smithfield’s Vice-Chair, Andrew Gregory, regarding the water agreement, line to Gatling Pointe and annexation. // At 9:30 p.m., Supervisor Darden moved that the meeting be continued to Thursday, September 24, 2015 at 8:00 a.m. at the Isle of Wight Volunteer Rescue Squad Training Room for the purpose of the Board conducting its Retreat. __________________________ Rex W. Alphin, Chairman 263 ___________________________ Carey Mills Storm, Clerk 1 CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY-FOURTH DAY OF SEPTEMBER IN THE YEAR TWO THOUSAND AND FIFTEEN IN THE TRAINING ROOM OF THE ISLE OF WIGHT VOLUNTEER RESCUE SQUAD PRESENT: Rex W. Alphin, Chairman Delores C. Darden, Vice-Chairman Rudolph Jefferson Alan E. Casteen ABSENT: Byron B. Bailey Also Attending: Anne F. Seward, County Administrator Mark C. Popovich, County Attorney Charles Meek, Assistant to the County Administrator Donald T. Robertson, Director of Information Resources and Legislative Affairs At 8:30 a.m., Chairman Alphin called the continued meeting to order in the Training Room of the Isle of Wight Volunteer Rescue Squad for the purpose of the Board conducting its annual Strategic Planning Retreat. // County Administrator Seward provided an overview of the Board’s and staff’s accomplishments over the past year and upcoming major projects for the coming year. The Board members expressed appreciation to staff for all they do for the County and its citizens. // Charles Meek, Assistant to the County Administrator, provided a Statistical Profile update. // 2 Vice-Chairman Darden requested a breakdown of the tax exemption categories as to value, number, type and location. // Staff from the Departments of General Services and Economic Development provided reports on water source capital planning and economic development needs. The consensus of the Board was concurrence and support of staff’s assessment and recommendation for future actions. The Board directed that staff proceed with developing draft correspondence to the Western Tidewater Water Authority advising of water delivery points and volumes needed in the future for new capital planning purposes for consideration at the next Board meeting. // Following a break, the Board received an overview by staff regarding County transportation priorities. It was the consensus of the Board that staff move forward with the development of a policy to address unpaved road projects and with the development of a county- wide transportation priority assessment and funding solutions in the upcoming Capital Improvement Projects process. // Following a lunch break, Planning and Zoning staff provided an overview of the Route 17/Brewers Neck Corridor landscape and the proposal to address the development of a consistent corridor character. It was the consensus of the Board that staff move forward with the development plan for future Board consideration. // 3 Jeff Terwilliger, Chief of Emergency Services, provided an update on emergency services issues with a summary of recent accomplishments and future challenges. The Board provided support by consensus for the outlined path forward. // The Board reviewed its Strategic Plan and supported the need to update the document over the course of the next 12-18 months. Following a discussion regarding the next steps, the meeting was adjourned by Chairman Alphin at 2:30 p.m. __________________________ Rex W. Alphin, Chairman ___________________________ Carey Mills Storm, Clerk   ISSUE:     Regional Reports    BACKGROUND:     The Board of Supervisors has previously directed that an opportunity be  provided for monthly status briefings from Board members who serve as  representatives to the various regional committees and authorities on behalf  of the County.    RECOMMENDATION:     Receive an oral report.    ATTACHMENT:     Listing of regional committees/authorities and Board representation  OrganizationMemberTerm Expires Hampton Roads Economic Development AllianceDardenDec/Annually Hampton Roads Military Federal FacilitiesDardenNo Set Term Alliance Hampton Roads Planning District CommissionDardenNo Set Term Hampton Roads Transportation AccountabilityChairmanNo Set Term Commission Hampton Roads TransportationDardenNo Set Term Planning OrganizationAlternateNo Set Term Southeastern Public Service AuthoritySewardDecember 2017 Popovich/Alternate December 2017 Western Tidewater Regional Jail AuthorityAlphinNo Set Term JeffersonNo Set Term Seward/AlternateNo Set Term Western Tidewater Water AuthorityDardenJune 2018 CasteenJune 2018 SewardJune 2018 Popovich/Alternate June 2018 Regional Reports - Page 2 (Appointed by Board Vote) BOARD MEMBER REGIONAL REPRESENTATIVE Bo a r d s / C o m m i s s i o n s / C o m m i t t e e s Na m e D i s t r i c t R e c o m m e n d a t i o n Bl a c k w a t e r R e g i o n a l L i b r a r y B o a r d E l i z a b e t h J o n e s / R E S I G N E D W i n d s o r J u n e 2 0 1 6 Bo a r d o f B u i l d i n g A p p e a l s H o w a r d M a n d e v i l l e W i n d s o r O c t o b e r 2 0 1 5 Bo a r d o f Z o n i n g A p p e a l s J o h n E . J o n e s / R E S I G N E D N e w p o r t F e b r u a r y 2 0 1 8 Co m m i s s i o n o n A g i n g T h e l m a W h i t e / R E S I G N E D C a r r s v i l l e J a n u a r y 2 0 1 5 Co m m i s s i o n o n A g i n g C a r e y W h i t l e y / R E S I G N E D S m i t h f i e l d O c t o b e r 2 0 1 5 Co m m i s s i o n o n A g i n g P a t C l a r k N e w p o r t N o v e m b e r 2 0 1 5 Co m m i s s i o n o n A g i n g Z e n o b i a W i l l i a m s C a r r s v i l l e N o v e m b e r 2 0 1 5 Se n i o r S e r v i c e s o f S o u t h e a s t e r n V i r g i n i a J o s e p h S p r a t l e y / R E S I G N E D F e b r u a r y 2 0 1 7 Te r m E x p i r e s BO A R D S / C O M M I S S I O N S / C O M M I T T E E S (A p p o i n t e d b y B o a r d V o t e ) ISSUE: Federal Legislative Matters, Curtis Byrd, District Director, Congressman Randy Forbes’ Office BACKGROUND: Curtis Byrd, District Director, Congressman Randy Forbes’ Office, will briefly address the relative to federal legislative matters. RECOMMENDATION: Receive a presentation. ATTACHMENTS: None ISSUE: Hampton Roads Planning District Commission Update BACKGROUND: Robert Crum, the newly appointed Executive Director of the Hampton Roads Planning District Commission, will be introduced to the Board of Supervisors and provide a brief update on the activities of the planning district commission. RECOMMENDATION: Receive a presentation. ATTACHMENTS: None ISSUE: Presentation of VACo Achievement Award for Central Permitting, Larry Land, Virginia Association of Counties BACKGROUND: VACo has selected the County’s Central Permitting office as a recipient of a VACo Achievement Award. Larry Land, Director of Policy Development, VACo, will appear at the Board’s meeting to present the award. RECOMMENDATION: Receive a presentation. ATTACHMENTS: None ISSUE: County Fair Update BACKGROUND: The Isle of Wight County Fair is a tremendous undertaking and could not be accomplished without the tireless work of the Isle of Wight County Fair Committee, their volunteers, and the support of various County Departments. Thanks to the support of countless people and some exceptional weather, the fair experienced a great year. The total attendance for the Fair was approximately 29,337 people. This is the third best attendance that this wonderful event has experienced. Survey results for the Fair will be available for the Board to review at their meeting. BUDGETARY IMPACT: None RECOMMENDATION: The Board should commend the Isle of Wight County Fair Committee, their volunteers, and County support staff. ATTACHMENTS: Attendance Summary 2015 Isle of Wight County Fair Attendance DAY SATURDAY Truck and Tractor Pull 5 and under Total 0 WEDNESDAY Seafood Fest 750 Total 750 THURSDAY Carloard 2425 $10 Admission 301 Passes 908 Total 3634 FRIDAY Adult 4403 5 and under 168 Seniors 713 Students 280 Passes 908 Total 6472 SATURDAY Adult 12368 5 and under 472 Passes 909 Total 13749 SUNDAY Adult 3455 5 and under 132 Millitary 184 Bikes 52 Passes 909 Total 4732 Grand Total 29336 ISSUE: Motion – Amend the Official Agricultural and Forestal District Map of Isle of Wight County, Virginia to Add 40.26 acres of land located on Bob White Road (Route 652) and Bowling Green Road (Route 644) to the Longview Agricultural and Forestal District BACKGROUND: Gregory Scott Butler, owner, is requesting the Board favorable consideration of an application to add parcel 39-01-064D containing 40.26 acres of land, located on Bob White Road and Bowling Green Road, to the Longview Agricultural/Forestal District. The Longview Agricultural/Forestal District was originally created on June 21, 1979 for a period of eight (8) years. The district has been subsequently renewed by the Board of Supervisors every ten (10) years, as set forth in the Code of Virginia, following a review and recommendation by the County’s Agricultural/Forestal Advisory Committee and the Isle of Wight County Planning Commission. The purpose of the district is to encourage the maintenance of farming and forestry, protect farming and forestry practices and provide for the lands being used for agricultural or forestal production to automatically qualify for agricultural or forestal use- value assessment. RECOMMENDATION: At its September 22, 2015 meeting, the Planning Commission recommended approval of the application by a vote of 9-0. The application was also reviewed by the Agricultural/Forestal Committee on July 1, 2015 and recommended for approval. Staff recommends that the Board amend the “Official Agricultural and Forestal District Map of Isle of Wight County, Virginia” by October 15, 2015 adding Parcel 39-01-064D, containing 40.26 acres of land, to the Longview District. ATTACHMENTS: PC Staff Report and all associated attachments October 15, 2015/MCP/ Chapter 3; Sec. 3-19 – Running at Large ISSUE: Ordinance - Amend and Reenact Chapter 3, Animals and Fowl, Section 3-19, Running at Large Prohibited Within Certain Zoned Areas; “At Large” Defined; Responsibility of Owners or Custodians BACKGROUND: At its regular meeting on June 18, 2015, the Board of Supervisors adopted revisions to Chapter 3, Animals and Fowl, of the Isle of Wight County Code. The action taken, however, excluded proposed language that would have prohibited livestock and poultry animals from running-at-large. During the Board’s discussion, concerns were raised as to how such a provision would be enforced and whether or not animal control officers would have discretion relative to enforcement of such a provision. The Board directed the County Attorney and Chief of Animal Control to review the proposed language relative to the Board’s concerns. The County Attorney and Chief of Animal Control have discussed the Board’s concerns and, as originally expressed by the Chief of Animal Control, it is their belief that the language originally proposed would give animal control officers the necessary discretion as it relates to enforcement of such a provision. RECOMMENDATION: Following the public hearing, adopt a motion adopt the Ordinance to Amend and Reenact Chapter 3, Animals and Fowl, Section 3-19, Running at Large Prohibited Within Certain Zoned Areas; “At Large” Defined; Responsibility of Owners or Custodians as presented. ATTACHMENT: Proposed Ordinance AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 3. ANIMALS AND FOWL. SECTION 3-19. RUNNING AT LARGE PROHIBITED WITHIN CERTAIN ZONED AREAS; “AT LARGE” DEFINED; RESPONSIBILITY OF OWNERS OR CUSTODIANS WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, deems it necessary to revise its local ordinance related to animals and fowl to address an ongoing concern related to the running-at-large of certain agricultural and poultry animals; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 3. Animals and Fowl. Section 3-19 be amended and reenacted as follows: Sec. 3-19. - Running at large prohibited within certain zoned areas; "at large" defined; responsibility of owners or custodians. (a) For the purposes of section, "at large" shall be taken to mean off the premises of the owner and not under the immediate control of the owner, his agent or the custodian of the dog, by a leash, cord or chain; provided that, a dog shall not be considered "at large" if, during the hunting season, it is on a bona fide hunt, in the company of a licensed hunter or during field trials of training periods when accompanied by its owner or custodian. (b) It shall be unlawful for the owner or custodian of any dog to allow such dog to run at large at any time within any area in the county other than those districts zoned Rural Agricultural Conservation. This exception does not apply to designated mobile home parks and/or trailer parks in Rural Agricultural Conservation Districts nor in the Rushmere Shores Subdivision. It is further, unlawful, for the owner or custodian of any dog to allow such dog to run at large on any garbage collection sites or any other publicly owned property in the County of Isle of Wight. (c) It shall be the responsibility of owners or custodians of dogs residing within the Rural Agricultural Conservation Districts of the county to control such dogs to prohibit them from roaming in the other areas covered by this section. (d) It shall be unlawful for the owner of any livestock, poultry or fowl to permit the same to run at large beyond the limits of the boundaries of the lot or tract of land where such animal is normally or regularly confined. For purposes of this subsection, the boundary lines of each lot or tract of land within the county shall be a lawful fence as to livestock and poultry domesticated by man. Adopted this 15th day of October, 2015 Rex Alphin, Chairman Board of Supervisors Attest: Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich, County Attorney   October 15, 2015/MCP/ Deed of Easement – Jones Creek Boat Landing ISSUE: Motion – Conveyance of Ingress/Egress Easement at the Jones Creek Landing BACKGROUND: On December 30, 2014, Southern Bank and Trust Company acquired real property in Isle of Wight County, designated as Tax Map Parcel 23-01-049C, as a result of a foreclosure action. The property in question is not accessible from any public right-of-way but access has historically occurred by using the path to the Jones Creek Boat Landing which is owned and operated by the County. In order to sell the property, Southern Bank and Trust has requested that formal, legal authority be granted to make use of the pathway through the conveyance of an ingress/egress easement. The proposed easement is depicted on the easement plat attached hereto. BUDGETARY IMPACT: None. RECOMMENDATION: Following the public hearing, authorize the Chairman to execute any and all documents necessary to effectuate the conveyance of an ingress/egress easement for the benefit of Tax Map Parcel 23-01- 049C. ATTACHMENT: - Correspondence from W. Riddick on behalf of Southern Bank & Trust requesting ingress/egress easement - County land record information and aerial map - Easement Plat - Proposed Deed of Easement ISSUE: Motion – Adoption of Legislative Agenda BACKGROUND: At its regular meeting on September 17, 2015, staff provided the Board with a brief synopsis of its legislative strategy and calendar noting several milestones leading up to the 2016 Session of the General Assembly. Staff has revised the Legislative Priority List to reflect updated information and a more streamlined approach to identifying those legislative matters the Board deems to be priorities. RECOMMENDATION: Adopt a resolution to establish the County’s legislative priorities for the 2016 Session of the General Assembly. ATTACHMENTS: - Resolution - Draft 2016 Legislative Priority List October 15, 2015 RESOLUTION ESTABLISHING ISLE OF WIGHT COUNTY'S LEGISLATIVE PRIORITIES FOR THE 2016 SESSION OF THE GENERAL ASSEMBLY WHEREAS, the General Assembly considers numerous issues that affect local governments both directly and indirectly; and, WHEREAS, the County of Isle of Wight has specific interest in matters dealing generally with local governments, as well as with matters directly impacting the County of Isle of Wight; and, WHEREAS, such interest should be shared with Isle of Wight County's General Assembly Delegation so that it may know of the County's position on these important issues. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight endorses the attached legislative proposals for the 2016 General Assembly Session and directs that both this resolution and the legislative priorities be forwarded to Isle of Wight County's General Assembly Delegation and that staff work with and assist the Delegation as appropriate. Adopted this 15th day of October, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney 2016 LEGISLATIVE PRIORITY LIST LOCAL ISSUES  Education Funding Support from the Commonwealth  Exemption of State Revenue Recovery for Western Tidewater Regional Jail  HRTAC Locality Appointees  Equity in Authority for Counties, Cities & Towns  Expansion of DEQ Regulatory Authority of Groundwater Withdrawal Permits  Unfunded Mandates EDUCATION FUNDING  ISSUE: The Joint Legislative Audit and Review Commission (JLARC) has previously produced reports relative to state and local funding of the Standard of Quality (SOQ) for primary and secondary education in Virginia. In this regard, the Isle of Wight County remains concerned about the following issues:  Local school divisions now supply 56 percent of funding for K-12 education, compared with 38 percent from the state and 6 percent from the federal government. Virginia has the 11th-highest share of local funding for public education in the country, but the state share of funding ranks 41st in the nation.  Localities pay 100 percent of the cost of teachers and other instructional expenses beyond the minimum requirements of the state Standards of Quality, which represented an additional $3.6 billion in the fiscal year that ended June 30, 2014.  Despite state cutbacks, localities still increased funding for instruction by 2 percentage points — to 65.1 percent — as school divisions made deep cuts in spending on facilities and, to a lesser degree, transportation.  School divisions spend 70 percent less to operate and maintain facilities than they did 10 years ago. This deferred maintenance will cost localities more in the future. It is essential for the state to fund fully its constitutional responsibilities and all mandates associated with K-12 public education. Full state funding should be achieved without reduction to other parts of state public education budgets or to the other core services. Should state general funding diminish, local autonomy should be increased and state education mandates reduced. COUNTY POSITION: Isle of Wight County supports increased support for K-12 funding including full funding for Virginia’s Standards of Quality (SOQ), targeted incentive programs, capital and maintenance support and teacher salaries. EXEMPTION OF STATE REVENUE RECOVERY FOR WESTERN TIDEWATER REGIONAL JAIL ISSUE: In 1999, the Western Tidewater Regional Jail Authority (WTRJA) added a 180 bed housing unit onto its jail facility for the purpose of housing additional Federal inmates. Funding for the 180 bed addition was provided by the member localities of WTRJA and a Cooperative Agreement Program funds from the United States Marshals Service. In 2005, language was added to the State’s Budget Bill which allows the State to recover a large portion of the revenues received for holding Federal inmates, even though the State did not provide any funds for the construction of the addition or for staffing the housing unit. Previously, the WTRJA received a partial exemption from the State’s Federal Overhead Recovery language in the Budget Bill which prevented the State from taking any revenue for the first 76 Federal inmates; however, Isle of Wight County believes WTRJA is entitled to a full exemption. COUNTY POSITION: Isle of Wight County is requesting the General Assembly adopt legislation to provide a full exemption to the Western Tidewater Regional Jail Authority from the State’s Federal Overhead Recovery language in the Budget Bill. HAMPTON ROADS TRANSPORTATION ACCOUNTABILITY COMMISSION ISSUE: Under the current provisions of Section 33.2-2600 of the State Code, the composition of the Hampton Roads Transportation Accountability Commission includes the chief elected officer of the governing body of each of the 14 counties and cities embraced by the Commission. Isle of Wight County has a healthy tradition of rotating its chairmanship on an annual basis. The current provisions of the State Code will negate the County’s ability to maintain continuity relative to its representation on HRTAC and continue its tradition of electing a new Chairman each year. COUNTY POSITION: The General Assembly should adopt legislation that would amend Section 33.2-2600 of the Code of Virginia to allow the HRTAC to be composed of the chief elected officer of or his/her designee from the governing body of each of the 14 counties and cities embraced by the Commission. EQUITY IN AUTHORITY FOR COUNTIES, CITIES AND TOWNS ISSUE: Under the current provisions of the State Code, most counties in the Commonwealth do not have the same taxing power as cities. Even though the demands for services, projects, and programs are often identical, counties are restricted from the utilization of certain revenue sources. Such a restriction places an undue emphasis and burden on other available local revenue methods within the County, such as the real estate and personal property taxes. Additionally, there are inequities among counties with regard to taxing powers. Specific counties have been authorized through provisions of the State Code to levy local taxes on the sale of food and beverages, and cigarettes, and admissions to certain events; however, most counties are not afforded the flexibility to take advantage of these revenue sources. Examples include: Meals Tax Counties are restricted in their authority to levy a meals tax on food and beverages unless the tax is approved in a voter referendum (§58.1-3833) except for those counties who have been exempted. Cities and Towns do not need to have a referendum when deciding to impose the meals tax. Counties are restricted in their authority to levy the meals tax within the limits of an incorporated town unless the town grants the county authority to do so (§58.1-3711). Cities and Towns are granted the authority to levy the tax under the “general taxing powers” found in their charters (§58.1-3840). Counties are restricted from imposing a meals tax in excess of 4%. Cities and Towns may exceed this threshold. Transient Occupancy Tax Counties may only levy a transient occupancy tax with a maximum tax rate of 2% except Counties specified in Section 58.1-3819. Counties included in this section may increase their lodging tax to 5%; however, the portion of the tax collections exceeding 2% must be used by the County for tourism. Some Counties are allowed to charge an additional $2 per room per night with proceeds going to tourism advertisements. There does not appear to be any limit on the lodging tax rate that can be imposed by cities and towns. Counties are restricted in their authority to levy the lodging tax within the limits of an incorporated town unless the Town grants the County authority to do so (§58.1-3711). Tobacco Taxes Counties are not granted the authority to tax tobacco products. Two counties (Fairfax and Arlington) have been granted this authority. Cities and Towns may levy the tax per their general taxing powers found in their charters (§58.1- 3840). Isle of Wight County has been denied this authority even though portions of the county are surrounded by cities and towns that levy taxes on tobacco products. Admissions Tax Thirteen counties have been granted permission to levy an admissions tax at a rate not to exceed 10% of the amount of charge for admissions. Cities and towns are granted the authority to levy the admissions tax under the general taxing powers found in their charters (§58.1-3818). COUNTY POSITION: The General Assembly should adopt legislation that would provide counties the same power as provided to cities relative to taxation without referendum. Counties should be treated equally with regard to the ability to levy those taxes allowed by the State Code. This would provide greater flexibility in the generation of local revenues. Additionally, Isle of Wight County supports county government representation on all study or legislative commissions that impact local government revenues or services. EXPANSION OF DEQ REGULATORY AUTHORITY OF GROUNDWATER WITHDRAWAL PERMITS ISSUE: Groundwater is a vital resource to the localities, industries and agricultural operations in the Eastern Virginia Groundwater Management Area. Water users and water providers in Eastern Virginia are all vested in ensuring that our groundwater is managed sustainably and used responsibly. This has been evidenced by the conservation measures and long term planning implemented in the region, both at individual facilities and through collaborative efforts. There is recognition that further action will be needed to protect the groundwater resource for future use. The Virginia Department of Environmental Quality (DEQ) has met with the fourteen largest water withdrawers in the Eastern Virginia Groundwater Management Area and is proposing dramatic cuts in permitted withdrawals. COUNTY POSITION: Isle of Wight County encourages the General Assembly and the Governor of the Commonwealth of Virginia to enact appropriate legislation authorizing DEQ to issue withdrawal permits for periods greater than 10 years that meet the following minimum criteria: (1) proper management of the groundwater resource for current and future use; (2) a reasonable transition period to minimize adverse impacts of any reduction in permitted withdrawal amounts on public water suppliers and their ratepayers; and (3) an extended period of regulatory certainty for post-transition permitted withdrawal amounts to protect public water infrastructure investments. Additionally, the County opposes the issuance of any new permits issued based on reductions of current permit holders. UNFUNDED MANDATES ISSUE: Unfunded mandates placed on localities by the State have detrimentally affected local tax rates and the ability of local governments to address local needs and priorities. There are many programs required by the State to be implemented at the local level. Several of these programs are inadequately funded or not funded at all by the State. Unfunded mandates place a financial burden on localities to implement those programs. The problem is further exacerbated when existing funding from the State to provide programs is unexpectedly reduced or eliminated, but the requirement to provide the program still exists. When funding for a mandated program is altered, the mandate should be suspended until full funding is restored. When legislation with a cost to localities is passed by the General Assembly, the cost should be borne by the Commonwealth, and the legislation should contain a sunset clause providing that the mandate is not binding on localities until funding by the Commonwealth is provided. The General Assembly has previously adopted legislation mandating that local governments fund the Line of Duty Act (LODA) as a means of providing public safety personnel with death or disability benefits resulting from the performance of their duties. Local governments had no input into the design of the LODA program, but are required to fund the program now that cost have exceeded what the State wants to pay for. This is an unfunded mandate. Currently, local governments and the State share responsibility for paying the cost of teacher pensions, but under Government Accounting Standards Board (GASB) Statement No. 68, Virginia localities will have to account for State and local unfunded liabilities for teacher retirement plans on their FY15 financial statements. The impending shift in financial liability will negatively impact the credit ratings of local governments. The downgrading of local governments by the rating agencies would be devastating relative to the cost of debt and the ability of local governments to secure debt. COUNTY POSITION: The County requests that the General Assembly adequately fund the State's share for required programs that must be implemented at the local level. The County of Isle of Wight requests that the General Assembly adopt legislation to amend the Code of Virginia to make LODA coverage optional at the local level or provide local governments the option to only pay basic death benefits under LODA. Additionally, LODA should be fully funded by the State and administration of the program should fall under the State Worker’s Compensation Commission, not the State Comptroller’s Office. The County of Isle of Wight urges the General Assembly to adopt legislation to avoid this liability shift by paying its share of teacher pension contributions directly to the Virginia Retirement System (VRS). This would demonstrate to the credit rating agencies and local governments that the State is committed to paying its fair share of unfunded teacher pension liabilities. It would also better protect the bond ratings of Virginia’s localities by more accurately reflecting the local share of the unfunded liability. ISSUE: Resolutions – Ratification of Local Emergency Declaration BACKGROUND: In anticipation of inclement weather associated with the convergence of a low pressure cell, a nor’easter and Hurricane Joaquin, the County Administrator declared a State of Emergency for Isle of Wight County at 8:30 a.m. on Thursday, October 1, 2015. The State Code requires that the County Administrator’s actions be ratified by the Board of Supervisors within 14 days. The emergency declaration makes the County eligible for potential state and federal resources needed during its preparation, response, and recovery activities relative to the weather event. Fortunately, the County fared extremely well despite the conditions. Overall, there was minimal negative impact on the community and the emergency declaration was ended at 8:00 a.m. on Tuesday, October 06, 2015. Staff will provide an update to the Board on the preparedness actions and activities of this event. RECOMMENDATION: Adopt resolutions to declare and end the emergency declaration. ATTACHMENTS: - Resolution Declaring a Local Emergency - Resolution to End a Declaration of Local Emergency October 15, 2015 RESOLUTION TO END A DECLARATION OF LOCAL EMERGENCY IN ISLE OF WIGHT COUNTY, VIRGINIA WHEREAS, the County Administrator of Isle of Wight County, Virginia, declared a local emergency due to the forecast of high winds and conditions of extreme peril to the lives, safety and property of the residents of Isle of Wight County; and, WHEREAS, the inclement weather conditions have subsided and the need for further emergency actions has ended. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia, that the declaration of a local emergency for Isle of Wight County is hereby ended, effective 8:00 a.m. on Tuesday, October 06, 2015. Adopted this 15th day of October, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney ISSUE: Motion – Approval of Board Assignment of VACo Voting Credentials BACKGROUND: The 2015 Annual Business Meeting of the Virginia Association of Counties (VACo) will be held on November 10, 2015 at The Homestead in Bath County, Virginia. In order to vote, a County must have paid its membership dues in full, and must submit a completed Voting Credentials Form or a Proxy Statement to VACo by November 1, 2015. The required information may also be presented to the Credentials Committee at its meeting on November 9, 2015 or to the conference registration desk before the meeting. RECOMMENDATION: Adopt a motion to designate the County’s Voting Delegate and Alternate Delegate authorized to vote at the VACo Annual Business Meeting. ATTACHMENTS:  VACo 2015 Annual Meeting Voting Credentials Form  Correspondence from VACo October 15, 2015 B&F/ MWT / County Purchasing Policy Amendment/ 10.15.15 ISSUE: Resolution – Amendment of County Purchasing Policy, Chapter 2, Financial and Accounting, Article 1, Central Purchasing, of the County Policy Manual BACKGROUND: County staff has amended the County Purchasing Policy, Financial and Accounting, Article 1, Central Purchasing, of the County Policy Manual to reflect recent updates by the General Assembly to the Virginia Public Procurement Act and to change existing policy pertaining to delegation of authority, the Public-Private Transportation Act (PPTA)/ Public-Private Education Facilities and Infrastructure Act (PPEA), Design-Build, PCard Policy and Surplus Policy. BUDGETARY IMPACT: There is no budgetary impact. RECOMMENDATION: Adopt a Resolution to Amend Chapter 2: Financial and Accounting, Article 1, Central Purchasing, of the County Policy Manual ATTACHMENTS: - Resolution - Chapter 2, Administration, Article 1 – Central Purchasing Policy   RESOLUTION TO AMEND THE COUNTY PURCHASING POLICY, CHAPTER 2, FINANCIAL AND ACCOUNTING, ARTICLE 1, CENTRAL PURCHASING, OF THE COUNTY POLICY WHEREAS, the Isle of Wight County Board of Supervisors (the “Board”), has adopted the County Policy Manual, Chapter 2: Financial and Accounting, Article 1, Central Purchasing, of the County Policy Manual; and, WHEREAS, it is recommended to amend Chapter 2, Financial and Accounting, Article 1, Central Purchasing, of the County Policy Manual to reflect recent updates by the General Assembly to the VPPA and to change existing policy pertaining to delegation of authority, the PPTA/PPEA, Design- Build, P-Card Policy and Surplus Policy. NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors hereby amends Chapter 2, Financial and Accounting, Article 1, Central Purchasing, of the County Policy Manual. BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to make such necessary and appropriate revisions to the County Policy Manual in order to effectuate the policy changes set forth in the attachment. Adopted this 15th day of October, 2015. Rex Alphin, Chairman ____________________________ Carey Mills Storm, Clerk Approved as to Form: ____________________________ Mark C. Popovich, County Attorney   CHAPTER 2: Financial and Accounting  ARTICLE I   CENTRAL PURCHASING    (Adopted December 4, 1975; Revised April 6, 2000; Revised June 19, 2003; Revised October 16, 2003; Revised October 21, 2004; Revised October 2, 2008; Revised June 11, 2008; Revised April 15, 2010; Revised May 27, 2010; Revised December 20, 2012; Revised March 20, 2014; Revised May 15, 2014; Revised October 15, 2015)   DIVISION 1. – GENERALLY    Introduction    This policy serves as the County’s procurement laws, policies and procedures. The County is anxious to meet your procurement needs. If you have any questions that are not answered by this policy or need further clarification, please contact us at: County of Isle of Wight Budget & Finance Purchasing Division 17090 Monument Circle, Suite 137 P. O. Box 80 Isle of Wight, Virginia 23397 Telephone: (757) 365-6273 Fax: (757) 365-4579     Section 1‐1. ‐ Procurement Authority.   The County Administrator shall serve as the principal purchasing official for the County and shall assign administrative duties or functions to the designated staff in the Purchasing Division. Except as otherwise provided in this article, no official, elected or appointed, or employee shall purchase, or contract for any goods, services, insurance or construction within the purview of this article other than permitted under the provisions of this article. 1. Authority, Responsibilities and Duties of the County Administrator.  Except as provided in the following sections of this chapter, or as other specifically provided by the Board of Supervisors, the County Administrator shall have the authority and responsibility to: a. Establish regulations and procedures, consistent with this policy, governing the procurement, management, control, and disposal of any and all goods, services, and construction to be procured by the County; b. Consider and decide matters of policy within the provisions of this policy;   c. Exercise authority over the award or administration of any particular contract, or over any dispute, claim, or litigation pertaining thereto, with appropriate consultation with the County’s legal counsel as necessary. d. Delegate authority, or revoke delegated authority, such authority as may be deemed appropriate to designees or to the head of any department or using Department. Such delegation shall be in writing and shall specify any limits of restriction. Section 1‐31.1. ‐ Appointment, general powers and duties of the purchasing agent.     The purchasing agent may be appointed by the county administrator. The purchasing agent shall be the head of the office of purchasing and shall, under the supervision of the county administrator, or his designee, have general management and control of the office. The purchasing agent shall have the power and it shall be his duty to: 1. Endeavor to obtain as full and open competition as possible on all purchases and sales. 2. Establish and amend, when necessary, such procedures and rules as he deems necessary for the internal management and operation of the office of purchasing. 3. Make available to departments access to vendor's catalogs or contact information to obtain needed products, commodities, etc., to include any available discounts that may be available. 4. Assist county staff in identifying responsible prospective suppliers, including small businesses and businesses owned by women and minorities. Encourage vendors who have requested their names to be included on a bidder’s list to register with the Commonwealth’s eVA site. Remove prospective bidders from such list when the public interest will be served thereby. 5. Exploit the possibilities of buying "in bulk" so as to take full advantage of discounts. 6. Disqualify vendors who default on their quotations from receiving any business from the county. 7. Participate in, sponsor, conduct or administer a cooperative procurement agreement on behalf of or in conjunction with one (1) or more other public bodies, or public agencies or institutions or localities of the several states, territories of the United States or the District of Columbia, for the purpose of combining requirements to increase efficiency or reduce administrative expenses in any acquisition of goods and services. Except for certain contracts identified in Section §2.1- 4304.A of the Code of Virginia, a public body may purchase from another public body's contract even if it did not participate in the request for proposal or invitation to bid, if the request for proposal or invitation to bid specified that the procurement was being conducted on behalf of other public bodies. In entering into a cooperative procurement agreement with a county, county or town whose governing body has adopted alternative policies and procedures pursuant to the Virginia Public Procurement Act, the purchasing agent shall comply with said alternative policies and procedures so adopted by said governing body of such county, county or town as designated in the cooperative agreement. 8. Control and supervise the storerooms and warehouses within the office of purchasing. 9. Standardize and establish specifications to reduce commodities to a minimum and assure the quality of goods.   10. Award contracts within the purview of this article. Section 1‐32. ‐ Definitions.     For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless a different meaning clearly appears from the context: 1. Best value. As predetermined in the solicitation, the overall combination of quality, price, and various elements of required services that in total are optimal relative to the county's needs. 2. Brand name specification. A specification limited to one (1) or more items by manufacturers' names or catalogue numbers. 3. Board of Supervisors. The Board of Supervisors of Isle of Wight County. 4. Competitive negotiation. A method of contractor selection utilizing a written request for proposal, followed by discussions with responsive, responsible offerors. 5. Competitive sealed bidding. A method of contractor selection utilizing a written invitation to bid, public opening and announcement of all bids received, evaluation of bids based upon the requirements set forth in the invitation and award to the lowest responsive, responsible bidder. 6. Construction. Building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavating, grading or similar work upon real property. 7. Contract. All types of agreements, regardless of what they may be called, for the procurement of goods, services, insurance or construction. 8. Contractor. Any person having a contract with the county. 9. Direct or indirect participation. Involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or acting in any other similar capacity. 10. Employment services organization. An organization that provides employment services to individuals with disabilities that is an approved Commission on the Accreditation of Rehabilitation Facilities (CARF) accredited vendor of the Department of Rehabilitative Services. 11. Goods. All material, equipment, supplies, printing and automated data processing hardware and software. 12. Informality. A minor defect or variation of a bid or proposal from the exact requirements of the invitation to bid, or the request for proposal, which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured and does not give a competitive advantage as a result thereof 13. Insurance. A contract whereby, for a stipulated consideration, one (1) party undertakes to compensate the other for loss on a specified subject by specified perils.   14. Invitation for bids. All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids 15. Job Ordering Contracting. A method of procuring construction by establishing a book of unit prices and then obtaining a contractor to perform work as needed using the prices, quantities, and specifications in the book as the basis of its pricing. The contractor may be selected through either competitive sealed bidding or competitive negotiation depending on the needs of the public body procuring construction services. Professional Services must be procured by Competitive Negotiations as defined in this section. A minimum amount of work may be specified in the contract. The contract term and the project amount shall not exceed the limitations specified in §2.1-4303., Code of Virginia. 16. Minority-owned business. A business that is at least 51 percent owned by one or more minority individuals who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more minority individuals who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more minority individuals, or any historically black college or university as defined in § 2.1-1604, regardless of the percentage ownership by minority individuals or, in the case of a corporation, partnership, or limited liability company or other entity, the equity ownership interest in the corporation, partnership, or limited liability company or other entity. 17. Multiphase professional services contract. A contract for the providing of professional services where the total scope of work of the second or subsequent phase of the contract cannot be specified without the results of the first or prior phase of the contract. 18. Nominal value. So small, slight or the like, in comparison to what might properly be expected, as scarcely to be entitled to the name, but in no case to be more than twenty dollars ($20.00). 19. Nonprofessional services. Any services not specifically identified as professional services. 20. Professional services. Work performed by an independent contractor within the scope of the practice of accounting, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering. 21. Person. Any corporation, partnership, business, individual, union, committee, club, other organization or group of individuals 22. Public contract. An agreement between the county and a nongovernmental source that is enforceable in a court of law. 23. Purchasing agent. The purchasing agent of the County of Isle of Wight, or his designee. The purchasing agent shall be the head of the office of purchasing. Whenever the words purchasing agent or division of purchasing are used in any policy, contract or other document, such shall mean the purchasing agent, or his designee, or the office of purchasing, respectively. 24. Request for proposals. All documents, whether attached or incorporated by reference, utilized for soliciting proposals.   25. Responsible bidder or offeror. A person who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will assure good faith performance and who has been prequalified, if required 26. Responsive bidder. A person who has submitted a bid which conforms in all material respects to the invitation to bid 27. Services. Any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials or the rental of equipment, materials and supplies. 28. Service disabled veteran business. A business that is at least 51 percent owned by one or more service disabled veterans or, in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both the management and daily business operations are controlled by one or more individuals who are service disabled veterans.   29. Small business. A business, independently owned and controlled by one or more individuals who are U.S. citizens or legal resident aliens, and together with affiliates, has 250 or fewer employees, or annual gross receipts of $10 million or less averaged over the previous three years. One or more of the individual owners shall control both the management and daily business operations of the small business. 30. Specification. Any description of the physical or functional characteristics or of the nature of a good, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a good, service or construction item for delivery. 31. Virginia Public Procurement Act (VPPA). The procurement Code passed by the General Assembly governing purchasing by the government to a non-governmental entity. The mandatory provisions of the act, §2.1-4343.12, include the exemptions set forth in subdivisions 9 through 11, the provisions of subsections C and D of § 2.1-4303, and §§ 2.1-4305, 2.1-4308, 2.1-4311, 2.1-4315, 2.1-4317, 2.1-4330, 2.1-4333 through 2.1-4338, 2.1-4343.1, and 2.1-4367 through 2.1-4377 shall apply. 32. Women-owned business. A business that is at least 51 percent owned by one or more women who are U.S. citizens or legal resident aliens, or in the case of a corporation, partnership, or limited liability company or other entity, at least 51 percent of the equity ownership interest is owned by one or more women who are U.S. citizens or legal resident aliens, and both the management and daily business operations are controlled by one or more women. Section 1‐32.1. ‐ Requisitions and estimates from departments.     All county departments, either by or with the authorization of the head of the department, shall file with the purchasing agent detailed requisitions or estimates of their requirements in supplies and contractual services in such manner, at such times and for such future periods as the purchasing agent shall prescribe.       Section 1‐32.2. ‐ Department reports of obsolete or unused property; sale, transfer or  trade of such property.  1. All departments shall submit to the purchasing agent at such times and in such form as such agent shall prescribe reports showing stocks of all supplies, materials and equipment which are no longer used or which have become obsolete, worn or scrapped. The purchasing agent may sell such property by competitive bidding or at public auction, may transfer it to other departments or governmental agencies, or may exchange it for or trade it in on new supplies or equipment. Surplus rolling stock may be sold by General Services or traded in the County’s best interest. 2. All sales of such property, when the estimated value is not expected to exceed one hundred thousand dollars ($100,000.00), may be sold by the purchasing agent in accordance with rules and regulations established by him; these sales need not follow the competitive bidding or public auction process and such property may be sold without newspaper advertisement and without observing the procedures prescribed by divisions 2 and 3 of this article, unless the purchasing agent determines that the public interest demands such procedure. ‐ Methods of procurement.     1. All county contracts for nongovernmental contractors for the purchase or lease of goods, or for the purchase of services, insurance, or construction, shall be awarded after competitive sealed bidding, or competitive negotiation as provided in this article, unless otherwise authorized by law. 2. Professional services, whether for single or term contracts may, but need not, be procured by competitive negotiation when the aggregate or sum of all phases is not expected to exceed sixty thousand dollars ($60,000.00). Such small purchase procedures shall provide for competition wherever practicable. Professional services shall be procured by competitive negotiation where the cost of the professional service is expected to exceed sixty thousand dollars ($60,000.00). 3. Upon a written determination made in advance by the purchasing agent that competitive negotiation is either not practicable or not fiscally advantageous, insurance may be procured through a licensed agent or broker selected in the manner provided for the procurement of things other than professional services in Section 1-47.2. The basis for this determination shall be documented in writing. 4. Upon a determination in writing by the purchasing agent that there is only one (1) source practicably available for that which is to be procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation. The writing shall document the basis for this determination. 5. Construction shall be procured only by competitive sealed bidding, except that competitive negotiation may be used in the following instances upon a determination made in advance by the purchasing agent and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public, which writing shall document the basis for this determination: (i) for the construction, alteration, repair, renovation or demolition of buildings or structures when the contract is not expected to cost more than one and one-half million dollars ($1,500,000.00); or (ii) for the construction of highways and any draining, dredging, excavation, grading or similar work upon real property.   6. Upon a determination made in advance by the purchasing agent and set forth in writing that the purchase of goods, products or commodities from a public auction sale is in the best interest of the public, such items may be purchased at the auction, including online public auction. The writing shall document the basis for this determination. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be made by online public auction. 7. The purchasing agent may provide for incentive contracting that offers a contractor whose bid is accepted, the opportunity to share in any cost savings realized by the locality when the projects costs are reduced by such contractor, without affecting project quality, during the construction of the project. The fee, if any, charged by the project engineer or architect for determining such cost savings shall be paid as a separate cost and shall not be calculated as part of any cost savings. Such provisions, including the percentage of cost sharing, shall be included in the language of the contract or may be added by change order with the agreement of both parties.   Section 1‐32.4 Design Build and Construction Management  1. While competitive sealed bidding remains the preferred method of construction contracting, the County Administrator or designated Purchasing Agent may enter into a contract for construction based on either a firm fixed price or not-to-exceed price design-build basis. The Design-Build process is governed by Sections 2.1-2406, 2.1-4303 and 2.1-4308 of the Code of Virginia which is incorporated into this policy and must be observed by County Staff wishing to use the Design-Build method. 2. Prior to the issuance of a Design/Build RFP, the County Administrator or his designee shall: 3. Obtain the advice of a licensed architect or engineer with professional competence appropriate to the project. Such an advisor may either be an employee of the County or an architect/engineer hired specifically to provide the advice and guidance mandated by the Code of Virginia. 4. Articulate in writing why a design-build or construction management approach is more advantageous than competitive sealed bidding for the project being contemplated; 5. Obtain an estimate of the costs to repair, renovate, demolish or erect the project under consideration. 6. Submit the project for approval by the Virginia Design-Build/Construction management review board if the project’s estimated cost exceeds $1,000,000. 7. Determine whether and explain why competitive sealed bidding is not practical or fiscally advantageous; and 8. Appoint a Review Committee of not less than three (3) members, (one of whom shall be an architect or professional engineer) to assist the County Administrator with the proposal evaluation and selection process as described below. 9. After having obtained approval from the Design-Build/Construction Manager Review Board or, following a determination that the project is an exception under Section §2.1-4303 of the Code of Virginia, the County Administrator or his designee shall issue a written RFP, advertise in a newspaper of general circulation in the County for at least (10) days preceding the proposal   acceptance date, and post an RFP on eVA, Virginia’s e-Procurement website and the Isle of Wight County website. The RFP shall: 10. Define the pre-design, design phase, bid phase and/or construction phase services to be performed under the design-build contract, 11. Include and define the requirements of the specific construction project relevant to site plans, floor plans, exterior elevations, basic building envelope materials, fire protection, structural, mechanical (HVAC) and electrical systems, and special telecommunications, 12. Specify the criteria which will be used in evaluating the proposals, 13. Request a firm fixed price or not-to-exceed price proposal based on a cost estimate prepared by a professional engineer or architect. 14. Contain or incorporate by reference the applicable contractual terms and conditions, including any unique capabilities or qualifications which will be required of Offerors, and 15. Include such other requirements as the County Administrator or his designee deems appropriate for the construction project. 16. The RFP shall request of Offerors only such information as is appropriate for an objective evaluation of all Offerors pursuant to the specified criteria. 17. The County Administrator or his designee shall receive and consider comments concerning specifications or provisions in the RFP, prior to the time set for receipt of proposals. 18. Procurement of construction by the design-build method shall be a two-step competitive negotiation process. The first step, or the initial review of the proposals, shall be of a qualitative nature. This shall include review of preliminary design drawings, outline specifications, technical reports, calculations, permit requirements, vendors’ management plan (includes organizational information, resumes of key personnel, Quality Assurance Plan, Safety Plan), schedule, and other data requested in response to the RFP. 19. Based upon the information submitted and any other relevant information which the County may obtain, a maximum of five (5) Offerors deemed to most closely meet the county’s requirements shall be selected by the Review Committee based on the initial responses. 20. As the second step in the design-build process, the Review Committee shall hold discussions with each of the selected Offerors exercising care to discuss the same owner information with each Offeror. 21. Trade secrets or proprietary information provided by an Offeror in response to a request for qualifications or request for proposals shall not be disclosed to the public or to competitors, provided the Offeror has invoked protection pursuant to the Code of Virginia Section §2.1- 4342.F. 22. Upon completion of the discussions, the Review Committee shall determine whether any changes to proposals should be requested to correct errors or omissions or to clarify ambiguities, or to incorporate project improvements or additional details identified by the Review Board during its review. As required, Offerors may then submit revised technical proposals as well as modifications to their price proposals. The Review Committee will complete its evaluations of the revised proposals.   23. Following a complete review of the proposals, the Review Committee shall make its recommendation to the County Administrator or his designee based upon the criteria included in the RFP. While price shall be considered, it need not be the sole selection factor. Award shall be made to the fully qualified vendor who has been determined to offer best value in response to the RFP and whose price proposal is within the budget ceiling included in the County’s operating and/or capital budgets. 24. The County shall submit information for post-project evaluation when requested by the Commonwealth of Virginia Design-Build/Construction Management Review Board (“Review Board”). 25. The County Administrator or his designee may set forth such additional procedures, not inconsistent with the provisions of this section or the rules and regulations of the Review Board, and consistent with the procedures for the procurement of nonprofessional services through competitive negotiations, as deemed necessary and appropriate to affect the selection and evaluation of Offerors and the award of design-build and construction management contracts.   Section 1‐32.5 ‐ Contracts Authorized under the Public‐Private Education Facilities and  Infrastructure Act (PPEA) and Public‐Private Transportation Act (PPTA)    The Public-Private Education Facilities and Infrastructure Act of 2002 (the “PPEA”) and Public-Private Transportation Act (the “PPTA”) allow responsible public entities the authority to create public-private partnerships for the development of a wide range of projects for public use if the public entity determines there is a need for the project and that private involvement may provide the project to the public in a timely or cost-effective fashion. In accordance with the PPEA and PPTA Guidelines (the “Guidelines”) adopted by the Board of Supervisors on October 17, 2013 (as they may be amended from time-to-time), the County Administrator or his designee will follow the Guidelines to receive and evaluate proposals submitted pursuant to the PPEA and/or PPTA.   Section 1‐32.6. ‐ Alternative method of procurement; reverse auctioning.   1. The purchase of goods or nonprofessional services, but not construction or professional services, may be made by reverse auctioning. However, bulk purchases of commodities used in road and highway construction and maintenance, and aggregates shall not be made by reverse auctioning. 2. As used in this section, the term "reverse auctioning" means a procurement method wherein bidders are invited to bid on specified goods or nonprofessional services through real-time electronic bidding, with the award being made to the lowest responsive and responsible bidder. During the bidding process, bidders' prices are revealed and bidders shall have the opportunity to modify their bid prices for the duration of the time period established for electronic bidding.   Section 1‐33. ‐ General procedure.   1. The purpose of this article is to enunciate the public policies pertaining to governmental procurement from nongovernmental sources, to include governmental procurement which may or may not result in monetary consideration for either party. This article shall apply whether the   consideration is monetary or nonmonetary and regardless of whether the county, the contractor, or some third party is providing the consideration. 2. All single or term contracts for goods and services other than professional services when the estimated cost is expected to exceed one hundred thousand dollars ($100,000) shall be purchased from the lowest responsive, responsible bidder, after due notice inviting bids. 3. Construction of improvements estimated to cost more than fifty thousand dollars ($50,000.00) shall be procured only by competitive sealed bidding. Section 1‐33.1. ‐ Open market procedure for purchases of one hundred thousand dollars,  or less.   1. All purchases of goods and services other than professional services, when the estimated value is not expected to exceed one hundred thousand dollars ($100,000.00), may be made in the open market, without newspaper advertisement and without observing the procedures prescribed by divisions 2 and 3 of this article, unless the purchasing agent determines that the public interest demands such procedure. Purchases under this subsection that are expected to exceed five thousand dollars ($5,000.00) shall require, whenever possible, the informal solicitation of a minimum of four (4) bidders or offerors and shall be awarded to the lowest responsive, responsible bidder in accordance with the standards set forth in section 1-563. Nothing herein shall restrict the Purchasing Agent from using a formal processes for procurements of less than $100,000.00. 2. Small purchases in an amount up to, but not exceeding five thousand dollars ($5,000.00) may be purchased directly by a department in accordance with rules and regulations established by the purchasing agent; these purchases need not follow the competitive bidding process. Maximum limits may be established for each department by the purchasing agent up to, but not exceeding, five thousand dollars ($5,000.00). 3. In making a purchase under this section, when bidding is required, the purchasing agent shall solicit bids by mail, electronic means, telephone, or in person from prospective vendors.   ‐ Competitive bidding state‐aid projects.     No contract for the construction of any building or for an addition to or improvement of an existing building by the county for which state funds of not more than one hundred thousand dollars ($50,000.00) in the aggregate or for the sum of all phases of a contract or project either by appropriation, grant-in-aid or loan, are used or are to be used for all or part of the cost of construction shall be let except after competitive sealed bidding or after competitive negotiation as provided under Section §2.1-4303, Code of Virginia. The procedure for the advertising for bids and for letting of the contract shall conform to this article.   Section 1‐33.3. ‐ Contracts or purchases not to be subdivided to avoid requirements of  article.     No contract or purchase shall be subdivided to avoid the requirements of this article.       Section 1‐33.4. ‐ Certain contracts and expenditures prohibited.    No officer, department or agency shall, during any budget year, expend or contract to expend any money or incur any liability, or enter into any contract which by its terms involves the expenditure of money, for any purpose, in excess of the amounts appropriated for that general classification of expenditure. Any contract, verbal or written, made in violation of this policy shall be null and void. Any officer or employee of this county who shall violate this section shall be guilty of a misdemeanor and, upon conviction, thereof, shall cease to hold his office or employment. Nothing contained in this section, however, shall prevent the making of contracts or the spending of money for capital improvements to be financed in whole or in part by the issuance of bonds, nor the making of contracts of lease or for services for a period exceeding the budget year in which such contract is made, when such contract is permitted by law. Permitted contracts with certain religious organizations; purpose;  limitations.   1. It is the intent of the county, in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, to permit us to enter into contracts with faith-based organizations for the purposes described in this section on the same basis as any other nongovernmental source without impairing the religious character of such organization, and without diminishing the religious freedom of the beneficiaries of assistance provided under this section. 2. For the purposes of this section, "faith-based organization" means a religious organization that is or applies to be a contractor to provide goods or services for programs funded by the block grant provided pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193. 3. Isle of Wight County, in procuring goods or services, or in making disbursements pursuant to this section, shall not (i) discriminate against a faith-based organization on the basis of the organization's religious character or (ii) impose conditions that (a) restrict the religious character of the faith-based organization, except as provided in subsection F, or (b) impair, diminish, or discourage the exercise of religious freedom by the recipients of such goods, services, or disbursements. 4. We shall ensure that all invitations to bid, requests for proposals, contracts, and purchase orders prominently display a nondiscrimination statement indicating that the Isle of Wight County does not discriminate against faith-based organizations. 5. A faith-based organization contracting with Isle of Wight (i) shall not discriminate against any recipient of goods, services, or disbursements made pursuant to a contract authorized by this section on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and (ii) shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. Nothing in clause (ii) shall be construed to supersede or otherwise override any other applicable state law. 6. Consistent with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, funds provided for expenditure pursuant to contracts with Isle of Wight County   shall not be spent for religious worship, instruction, or proselytizing; however, this prohibition shall not apply to expenditures pursuant to contracts, if any, for the services of chaplains. 7. Nothing in this section shall be construed as barring or prohibiting a faith-based organization from any opportunity to make a bid or proposal or contract on the grounds that the faith-based organization has exercised the right, as expressed in 42 U.S.C. (§ 2000 e-1 et seq.), to employ persons of a particular religion. 8. If an individual, who applies for or receives goods, services, or disbursements provided pursuant to a contract between Isle of Wight County and a faith-based organization, objects to the religious character of the faith-based organization from which the individual receives or would receive the goods, services, or disbursements, Isle of Wight County shall offer the individual, within a reasonable period of time after the date of his objection, access to equivalent goods, services, or disbursements from an alternative provider. 9. Isle of Wight County shall provide to each individual who applies for or receives goods, services, or disbursements provided pursuant to a contract between Isle of Wight County and a faith-based organization a notice in bold face type that states: "Neither county’s selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the appropriate person as indicated in this form."   Section 1‐34. ‐ Emergency purchases.    1. In case of an emergency which requires immediate purchase of supplies or contractual services, the purchasing agent shall have the authority to secure, by the open market procedure set forth in Section 1-33, at the lowest obtainable price, any supplies or contractual services, regardless of the amount of the expenditure. A full report of the circumstances of an emergency purchase so made shall be filed by the purchasing agent in the contract file. 2. The purchasing agent shall prescribe, by rules and regulations, the procedure under which emergency purchases by heads of departments may be made outside of normal county business hours.   Section 1‐34.1. ‐ Modification of contract.     1. No contract which has been approved by the County Board of Supervisors may be modified or changed by amendment, change order, or any other agreement without the prior approval of the County Board of Supervisors unless (i) such modifications, in the aggregate, do not increase the amount of the contract by more than twenty-five (25) percent of the original amount of the contract, or fifty thousand dollars ($50,000.00), whichever is greater, (ii) such changes are the result of unforeseen circumstances or changed conditions encountered during the progress of the performance of the contract, and (iii) such changes are directly related to the performance of the purpose of the contract. Extensions of time to perform a contract may be granted without prior approval of the county council provided such extensions involve no increase in cost to the county. In no event shall the aggregate of all modifications increase the cost of the contract beyond the amount appropriated for the project.   2. The County may extend the term of an existing contract for services to allow completion of any work undertaken but not completed during the original term of the contract.   Section 1‐35. ‐ Inspection and testing of supplies or contractual services.   1. The purchasing agent shall inspect or supervise the inspection of all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract. 2. The purchasing agent shall have the authority to authorize departments having the staff and facilities for adequate inspection to inspect all deliveries made to such departments under rules and regulations which the purchasing agent shall prescribe. 3. The purchasing agent shall have the authority to require chemical and physical tests of samples, submitted with bids and samples of deliveries, which are necessary to determine the quality and conformance of such samples with the specifications. In the performance of such tests, the purchasing agent shall have the authority to make use of laboratory facilities of any department of the county government or any outside laboratory. ‐ Discrimination prohibited.   1. In the solicitation or awarding of contracts, the county shall not discriminate against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment. 2. For the purposes of this section, "service disabled veteran" means a veteran who (i) served on active duty in the United States military ground, naval, or air service; (ii) was discharged or released under conditions other than dishonorable; and (iii) has a service-connected disability rating fixed by the United States Department of Veterans Affairs.   Section 1‐36.1. ‐ Required contract provisions: unauthorized aliens; employment  discrimination by contractor prohibited; drug‐free workplace to be maintained by  contractor.   1. The county shall include in every contract, that 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, as amended. 2. The county shall include in every contract of over ten thousand dollars ($10,000.00) the provisions in subsections (1), (2), and (3) herein: a. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to 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 nondiscrimination clause.   b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. 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 ten thousand dollars ($10,000.00) so that the provisions will be binding upon each subcontractor or vendor. e. During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor's employees; (ii) 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 prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. f. For the purposes of this subsection, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this subsection, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.   Section 1‐36.2. ‐ Public inspection of certain records.    1. Except as provided herein, all proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act (§ 2.1-3700 et seq., Code of Virginia, 1950, as amended). 2. Cost estimates relating to a proposed procurement transaction prepared by or for the county shall not be open to public inspection. 3. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the purchasing agent decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract. 4. Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award, except in the event that the purchasing agent decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to public inspection only after award of the contract. 5. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records.   6. Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to section 1-36.2 shall not be subject to public disclosure under the Virginia Freedom of Information Act; however, the bidder, offeror or contractor must invoke the protections of this section prior to or upon submission of the data or other materials, and must identify the data or other materials to be protected and state the reasons why protection is necessary. Information leading to the decision to award, including prices and other factors, shall be made public.   Section 1‐36.3. ‐ Exemptions.   1. The provisions of divisions 1, 2, 3, 4 and 5 of this article, except for Section 1-33.4, shall not apply to contracts for the printing of ballots, statements of results or other materials essential to the conduct of an election. The provisions of division 6 of this article shall be applicable to such contracts. 2. The following transactions are hereby exempt from the provisions of divisions 1, 2, 3, 4 and 5 of this article, except for Section 1-33: a. Purchases on state contracts, from the state department of corrections and from the state purchasing department warehouse. b. Legal services, law books and supplies for the county attorney and the commonwealth's attorney, and expert witnesses and other services associated with actual or potential litigation and administrative proceedings. c. Purchases for water, sewer, electric, telephone and other utility services and motor vehicle license plates. d. Purchases for special police work that is certified to the Purchasing Agent, are needed for undercover police operations. Such non-descriptive writing shall be available for public inspection; however, a description of items bought that is detailed enough to disclose the nature of such operations, or put such operations at risk, is protected. e. Purchases of services or goods: (i) that are performed or produced by persons, or in schools or workshops, under the supervision of the Virginia Department for the Blind and Vision Impaired; or (ii) that are performed or produced by employment services organizations that offer transitional or supported employment services serving individuals with disabilities. f. In the administration of the public assistance program and the fuel assistance program, goods and personal services may be procured for direct use by the recipients of such programs without competitive sealed bidding or competitive negotiations if the procurement is made for an individual recipient. Contracts for the bulk procurement of goods or services for the use of recipients are not exempted from the requirements of this article. g. The county may enter into contracts without competitive sealed bidding or competitive negotiation for insurance if purchased through an association of which it is a member if the association was formed and is maintained for the purpose of promoting the interest and welfare of and developing close relationships with similar public bodies, provided such association has procured the insurance by use of competitive principles and   provided that the purchasing agent has made a determination in advance after reasonable notice to the public and set forth in writing that competitive sealed bidding and competitive negotiation are not fiscally advantageous to the public. The writing shall document the basis for this determination.     Section 1‐37. ‐ Purchase of handguns by retired officers.     The purchasing agent is authorized and directed to allow any full-time sworn law enforcement officer who retires after at least twenty-five (25) years of service to purchase the service handgun issued to him by the county at a cost of one dollar ($1.00) for the weapon.   Section 1‐38. ‐ Purchase of boots or helmet by retired firefighters.     The purchasing agent is authorized and directed to allow: 1. Any full-time firefighter who retires after at least twenty-five (25) years of service to purchase the helmet and/or boots issued to the firefighter by the county at a cost of one dollar ($1.00) for the helmet and/or one dollar ($1.00) for the boots; and 2. Any full-time firefighter who retires after at least ten (10) years of service, but fewer than twenty-five (25), to purchase the helmet and/or boots issued to the firefighter by the county at the fair market value of the helmet and/or boots. DIVISION 2. ‐ COMPETITIVE BIDDING    ‐ Prequalification generally; prequalification for construction.     1. Prospective contractors may be prequalified for particular types of supplies, services, insurance or construction, and consideration of bids or proposals limited to prequalified contractors. Any prequalification procedure shall be established in writing and sufficiently in advance of its implementation to allow potential contractors a fair opportunity to complete the process. 2. Any prequalification of prospective contractors for construction shall be pursuant to a prequalification process for construction projects adopted by the purchasing agent. The application form used in such process shall set forth the criteria upon which the qualifications of prospective contractors will be evaluated. The application form shall request of prospective contractors only such information as is appropriate for an objective evaluation of all prospective contractors pursuant to such criteria. Such form shall allow the prospective contractor seeking prequalification to request, by checking the appropriate box, that all information voluntarily submitted by the contractor pursuant to this subsection shall be considered a trade secret or proprietary information subject to the provisions of Section 1-36.2. In all instances in which the purchasing agent requires prequalification of potential contractors for construction projects, advance notice shall be given of the deadline for the submission of prequalification applications. The deadline for submission shall be sufficiently in advance of the date set for the submission of bids for such construction so as to allow the procedures set forth in this section to be accomplished.   At least thirty (30) days prior to the date established for submission of bids or proposals under the procurement of the contract for which the prequalification applies, the purchasing agent shall advise in writing, each contractor that submitted an application, whether that contractor has been prequalified. In the event that a contractor is denied prequalification, the written notification to such contractor shall state the reasons for such denial of prequalification and the factual basis of such reasons. A decision by the purchasing agent denying prequalification under the provisions of this subsection shall be final and conclusive unless the contractor appeals the decision as provided in Section 1-49. The purchasing agent may deny prequalification to any contractor only if he finds one (1) of the following: 1. The contractor does not have sufficient financial ability to perform the contract that would result from such procurement. If a bond is required to ensure performance of a contract, evidence that the contractor can acquire a surety bond from a corporation included on the United States Treasury list of acceptable surety corporations in the amount and type required by the public body shall be sufficient to establish the financial ability of such contractor to perform the contract resulting from such procurement; 2. The contractor does not have appropriate experience to perform the construction project in question; 3. The contractor or any officer, director or owner thereof has had judgments entered against him within the past ten (10) years for the breach of contracts for governmental or nongovernmental construction, including, but not limited to, design-build or construction management; 4. The contractor has been in substantial noncompliance with the terms and conditions of prior construction contracts with the county without good cause. If the county has not contracted with a contractor in any prior construction contracts, the purchasing agent may deny prequalification if the contractor has been in substantial noncompliance with the terms and conditions of comparable construction contracts with another public body without good cause. The purchasing agent may not utilize this provision to deny prequalification unless the facts underlying such substantial noncompliance were documented in writing in the prior construction project file and such information relating thereto given to the contractor at that time, with the opportunity to respond; 5. The contractor or any officer, director, owner, project Administrator , procurement Administrator or chief financial official thereof has been convicted within the past ten (10) years of a crime related to governmental or nongovernmental construction or contracting, including, but not limited to, a violation of the following portions of the Code of Virginia, 1950, as amended: (i) Article 6, (§ 2.1-4367 et seq.) of Title 2.2, (ii) the Virginia Governmental Frauds Act (§ 18.1-498.1 et seq.) of Title 18.2, (iii) Chapter 4.2 (§ 59.1-68.6 et seq.) of Title 59.1, or (iv) any substantially similar law of the United States or another state; 6. The contractor or any officer, director or owner thereof is currently debarred pursuant to an established debarment procedure from bidding or contracting by any public body, agency of another state or agency of the federal government; and 7. The contractor failed to provide to the purchasing agent in a timely manner any information requested by the purchasing agent relevant to subdivisions 1 through 6 of this subsection.       ‐ Use of brand names.     Unless otherwise provided in the invitation to bid, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character and quality of the article desired; and any article which the purchasing agent in his sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.   Section 1‐40. ‐ Notice inviting bids.    1. The notice inviting bids referred to in Section 1-40 shall be posted on a public bulletin board at the office of purchasing, or published in a newspaper of general circulation, or both, and may be posted on a website normally used for such postings, at least ten (10) days prior to the date set for the receipt of bids. Such notice shall include a general description of the articles to be purchased, or sold, and shall state where bid forms and specifications may be secured and the time and place for opening bids. Such notice shall state the procedure for the withdrawal of a bid due to error. 2. In addition to the notice referred to in subsection (a) above, the purchasing agent may solicit bids directly from vendors in the business of providing the commodity or service desired. Section 1‐40.1. ‐ Pre‐bid conferences.     For complex equipment, supplies, repairs or construction projects, pre-bid conferences with prospective bidders may be called, when deemed necessary, by the purchasing agent.    Section 1‐40.2. ‐ Submission, opening and tabulation of bids.     Bids shall be submitted, sealed, to the purchasing agent and shall be identified as bids on the envelope. Such bids shall be opened in public at the time and place stated in the public notices, and a tabulation of all bids received shall be available for public inspection. Electronic bids may be received when sent to an email address with controlled access. They shall not be opened except by authorized staff, until the time and place described in the solicitation for public opening.    Section 1‐40.3. ‐ Bid evaluation.     Evaluation of bids shall be based upon the requirements set forth in the invitation, which may include special qualifications of potential contractors and any other criteria such as inspection, testing, quality, workmanship, delivery and suitability for a particular purpose, which are helpful in determining acceptability. The county may consider best value concepts when procuring goods and nonprofessional services, but not construction or professional services. The criteria, factors and basis for consideration of best value and the process for the consideration of best value shall be as stated in the procurement solicitation.    Withdrawal of bid due to error.   1. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment   mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. The bidder shall give notice in writing of his claim of right to withdraw his bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. Such mistake shall be proved only from the original work papers, documents and materials delivered as required herein. The work papers, documents, and materials submitted by the bidder shall, at the bidder's request, be considered trade secrets or proprietary information subject to the conditions of Section 1-36.2. 2. A bidder for a non-construction contract may withdraw his bid from consideration in accordance with the procedures set forth in subsection (a) above. 3. No bid may be withdrawn under this section when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder is more than five (5) percent. 4. If a bid is withdrawn under the authority of this section, the lowest remaining bid shall be deemed to be the low bid. 5. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to which the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. 6. The purchasing agent shall notify the bidder in writing within five (5) business days of his decision regarding the bidder's request to withdraw its bid. If the purchasing agent denies the withdrawal of a bid under the provisions of this section, he shall state in such notice the reasons for his decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder. At the same time that the notice is provided, the purchasing agent shall return all work papers and copies thereof that have been submitted by the bidder.    Section 1‐41. ‐ Bid bonds.    1. Except in cases of emergency, all bids or proposals for non-transportation-related construction contracts in excess of five hundred thousand dollars ($500,000.00) or transportation-related projects authorized under Article 2 (§ 33.1-208 et seq.) of Chapter 2 of Title 33.2 that are in excess of two hundred fifty thousand dollars ($250,000.00) and partially or wholly funded by the Commonwealth shall be accompanied by a bid bond from a surety company selected by the bidder which is legally authorized to do surety business in Virginia, as a guarantee that if the contract is awarded to such bidder, that bidder will enter into the contract for the work mentioned in the bid. The amount of the bid bond shall not exceed five (5) percent of the amount bid. 2. No forfeiture under a bid bond shall exceed the lesser of (i) the difference between the bid for which the bond was written and the next low bid, or (ii) the fact amount of the bid bond. 3. Nothing in this section shall preclude the purchasing agent from requiring bid bonds for construction contracts anticipated to be less than five hundred thousand dollars ($500,000.00) for non-transportation-related projects or two hundred fifty thousand dollars ($250,000.00) for   transportation-related projects authorized under Article 2, (§ 33.1-208 et seq.) o Chapter 2 of Title 33.2, and partially or wholly funded by the Commonwealth.    Section 1‐41.1. ‐ Bonds for other than construction contracts.    1. At the discretion of the purchasing agent, bidders may be required to submit with their bid a bid bond, or a certified check, in an amount to be determined by the purchasing agent and specified in the invitation to bid, which shall be forfeited to the county as liquidated damages upon the bidder's failure to execute within ten (10) days a non-construction contract awarded to him or upon the bidder's failure to furnish any required performance or payment bonds in connection with a contract awarded to him as specified in the request for bids. 2. The purchasing agent may require successful bidders to furnish a performance bond and a payment bond at the expense of the successful bidder, in amounts to be determined by the purchasing agent and specified in the invitation to bid, to ensure the satisfactory completion of the work for which a contract or purchase order is awarded. Section 1‐42. ‐ Award of contract to lowest, responsive, responsible bidder.   The purchasing agent shall award contracts governed by this division to the lowest responsive, responsible bidder. When the terms and conditions for multiple awards are provided in the invitation for bids, awards may be made to more than one (1) bidder. In determining the lowest responsive, responsible bidder, in addition to price, the agent shall consider: 1. The ability, capacity and skill of the bidder to perform the contract or provide the service required. 2. Whether the bidder can perform the contract or provide the service promptly or within the time specified, without delay or interference. 3. The character, integrity, reputation, judgment, experience and efficiency of the bidder. 4. The quality of performance of previous contracts or service. 5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. 6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. 7. The quality, availability and adaptability of the supplies or contractual services to the particular use required. 8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. 9. The number and scope of conditions attached to the bid.     Section 1‐42.1. ‐ Award of contract to other than low bidder.     When the award of a contract under this division is not given to the lowest bidder, a full and complete statement of the reasons therefore shall be prepared by the purchasing agent and filed with the other records relating to the transaction. Section 1‐42.2. ‐ Negotiation with lowest responsible bidder.     Unless canceled or rejected, a responsive bid from the lowest responsible bidder shall be accepted as submitted; except that if the bid from the lowest responsible bidder exceeds available funds, the purchasing agent may negotiate with the apparent low bidder to obtain a contract price within available funds.   Section 1‐42.4. ‐ Bid deposits.     When deemed necessary by the purchasing agent, bid deposits shall be prescribed in the public notices inviting bids. Unsuccessful bidders shall be entitled to return of the surety where the purchasing agent has required such. A successful bidder shall forfeit any surety required by the purchasing agent upon failure on his part to enter into a contract and provide all required documents within ten (10) days after the award or as otherwise provided by the purchasing agent.   Section 1‐43. ‐ Cancellation, rejection of bids; waiver of informalities.    1. An invitation to bid, a request for proposal, any other solicitation, and any and all bids or proposals, and parts thereof, may be modified, cancelled or rejected. The reasons for cancellation or rejection shall be made part of the contract file. 2. The purchasing agent may waive informalities in bids.   Section 1‐43.1. ‐ Tie bids.     In the case of a tie bid, after taking into consideration cash discounts for early payment, if any, preference shall be given to goods produced in Isle of Wight, goods or services or construction provided by Isle of Wight persons; otherwise to a Virginia person; if no such choices are available, then the tie shall be decided by lot.   ‐ Performance and payment bonds.   1. Upon the award of any (i) public construction contract exceeding five hundred thousand dollars ($500,000.00) awarded to any prime contractor, or (ii) construction contract exceeding five hundred thousand dollars ($500,000.00) awarded to any prime contractor requiring the performance of labor or the furnishing of materials for buildings, structures or other improvements to real property owned by the county, such contractor shall furnish to the county the following bonds: a. A performance bond in the sum of the contract amount conditioned upon the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract.   b. A payment bond in the sum of the contract amount. Such bond shall be for the protection of claimants who have and fulfill contracts to supply labor or materials to the prime contractor to whom the contract was awarded, or to any subcontractors, in the prosecution of the work provided for in such contract, and shall be conditioned upon the prompt payment for all such material furnished or labor supplied or performed in the prosecution of the work. "Labor or materials" shall include public utility services and reasonable rentals of equipment, but only for periods when the equipment rented is actually used at the site. 2. Each of such bonds shall be executed by one (1) or more surety companies selected by the contractor which are legally authorized to do surety business in Virginia. 3. Such bonds shall be payable to the County of Isle of Wight. Each of the bonds shall be filed with the County of Isle of Wight, or a designated officer or official thereof. 4. Nothing in this section shall preclude the purchasing agent from requiring payment or performance bonds for construction contracts for one hundred thousand dollars ($100,000.00) or less. 5. Nothing in this section shall preclude such contractor from requiring each subcontractor to furnish a payment bond with surety thereon in the sum of the full amount of the contract with such subcontractor, conditioned upon the payment to all persons who have and fulfill contracts which are directly with the subcontractor for performing labor and furnishing materials in the prosecution of the work provided for in the subcontract.   ‐ Action on performance bond.     No action against the surety on a performance bond shall be brought unless within one (1) year after (i) completion of the contract, including the expiration of all warranties and guarantees, or (ii) discovery of the defect or breach of warranty, if the action be for such.   ‐ Actions on payment bonds.   1. Any claimant who has a direct contractual relationship with the contractor and who has performed labor or furnished material in accordance with the contract documents in the prosecution of the work provided in any contract for which a payment bond has been given, and who has not been paid in full therefore before the expiration of ninety (90) days after the day on which such claimant performed the last of such labor or furnished the last of such materials for which he claims payment, may bring an action on such payment bond to recover any amount due him for such labor or material, and may prosecute such action to final judgment and have execution on the judgment. The Obligee named in the bond need not be named a party to such action. 2. Any claimant who has a direct contractual relationship with any subcontractor from whom the contractor has not required a subcontractor payment bond under Section 1-565.2 but who has no contractual relationship, express or implied, with such contractor, may bring an action on the contractor's payment bond only if he has given written notice to such contractor within ninety (90) days from the day on which the claimant performed the last of the labor or furnished the last of the materials for which he claims payment, stating with substantial accuracy the amount claimed and the name of the person for whom the work was performed or to whom the material was furnished. Any claimant who has a direct contractual relationship with a subcontractor from whom the contractor has required a subcontractor payment bond under Section 1-44, but   who has no contractual relationship, express or implied, with such contractor, may bring an action on the subcontractor's payment bond. Notice to the contractor shall be served by registered or certified mail, postage prepaid, in an envelope addressed to such contractor at any place where his office is regularly maintained for the transaction of business. Claims for sums withheld as retainage with respect to labor performed or materials furnished shall not be subject to the time limitations stated in this subsection. 3. Any action on a payment bond must be brought within one (1) year after the day on which the person bringing such action last performed labor or last furnished or supplied materials.   ‐ Alternative forms of security.    1. In lieu of a bid, payment or performance bond, a bidder may furnish a certified check, cashier's check, or cash escrow in the face amount required for the bond. 2. If approved by the county attorney, a bidder may furnish a bank or savings and loan association's irrevocable letter of credit on certain designated funds in the face amount required for the bid bond. Approval shall be granted only upon a determination that the alternative form of security proffered affords protection to the county at least equivalent to a corporate surety's bond. Section 1‐44.4. ‐ Construction contract provisions barring damages for unreasonable delays  declared void.    1. Any provision contained in any public contract for construction entered into on or after July 1, 1991, that purports to waive, release, or extinguish the rights of a contractor to recover costs or damages for unreasonable delay in performing such contract, either on his behalf or on behalf of his subcontractor if and to the extent such delay is caused by acts or omissions of the county, its agents or employees and due to causes within their control is against public policy and is void and unenforceable. 2. Subsection (a) shall not be construed to render void any provision of a public contract for construction that: 3. Allows the county to recover that portion of delay costs caused by the acts or omissions of the contractor, or its subcontractors, agents or employees; 4. Requires notice of any delay by the party claiming the delay; 5. Provides for liquidated damages for delay; or 6. Provides for arbitration or any other procedure designed to settle contract disputes. 7. A contractor making a claim against the county for costs or damages due to the alleged delaying of the contractor in the performance of its work under any public contract for construction shall be liable to the county and shall pay it for a percentage of all costs incurred by the county in investigating, analyzing, negotiating, litigating and arbitrating the claim, which percentage shall be equal to the percentage of the contractor's total delay claim which is determined through litigation or arbitration to be false or to have no basis in law or in fact.   8. If the county denies a contractor's claim for costs or damages due to the alleged delaying of the contractor in the performance of work under any public contract for construction, it shall be liable to and shall pay such contractor a percentage of all costs incurred by the contractor to investigate, analyze, negotiate, litigate and arbitrate the claim. The percentage paid by the county shall be equal to the percentage of the contractor's total delay claim for which the county's denial is determined through litigation or arbitration to have been made in bad faith. Section 1‐45. ‐ Retainage on construction contracts.   1. In any public contract for construction which provides for progress payments in installments based upon an estimated percentage of completion, the contractor shall be paid at least ninety- five (95) percent of the earned sum when payment is due, with not more than five (5) percent being retained to assure faithful performance of the contract. All amounts withheld may be included in the final payment. 2. Any subcontract for a public project which provides for similar progress payments shall be subject to the same limitations. Section 1‐45.1. ‐ Deposit of certain retained funds on certain contracts; penalty for failure  to timely complete.    1. Commencing January 1, 1990, the county, when contracting directly with contractors for public contracts of two hundred thousand dollars ($200,000.00), or more, for construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, and the installation of water, gas, sewer lines and pumping stations where portions of the contract price are to be retained, shall include in the bid proposal an option for the contractor to use an escrow account procedure for utilization of the county's retainage funds by so indicating in the space provided in the proposal documents. In the event the contractor elects to use the escrow account procedure, the "escrow agreement" form included in the bid proposal and contract shall be executed and submitted to the county within fifteen (15) calendar days after notification. If the "escrow agreement" form is not submitted within the fifteen-day period, the contractor shall forfeit his rights to the use of the escrow account procedure. 2. In order to have retained funds paid to an escrow agent, the contractor, the escrow agent, and the surety shall execute an "escrow agreement" form. The contractor's escrow agent shall be a trust company, bank or savings institution with its principal office located in the Commonwealth. The "escrow agreement" and all regulations promulgated by the county entering into the contract shall be substantially the same as those used by the Commonwealth of Virginia Department of Transportation. 3. This section shall not apply to public contracts for construction for railroads, public transit systems, runways, dams, foundations, installation or maintenance of power systems for the generation and primary and secondary distribution of electric current ahead of the customer's meter, the installation or maintenance of telephone, telegraph or signal systems for public utilities and the construction or maintenance of solid waste or recycling facilities and treatment plants. 4. Any such public contract for construction with the county, which includes payment of interest on retained funds, may require a provision whereby the contractor, exclusive of reasonable circumstances beyond the control of the contractor stated in the contract, shall pay a specified penalty for each day exceeding the completion date stated in the contract.   5. Any subcontract for such public project which provides for similar progress payments shall be subject to the provisions of this section. Section 1‐45.2. ‐ Multi‐term contracts.    1. Unless otherwise provided by law, a contract for goods, services or insurance may be entered into for any period of time deemed to be in the best interest of the county provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefore. 2. When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled.   DIVISION 3. ‐ COMPETITIVE NEGOTIATION    Section 1‐46. ‐ Competitive negotiation generally.     Competitive negotiation is a method of source selection which involves individual discussions between the county and the offeror on the basis of responses to the county's request for proposals. The source selection methods of competitive negotiation incorporates Sections 1-36.2, 1-39, 1-39.1 and 1-40, 1-54.4 and 1-57, in addition to the provisions of this division.   Section 1‐46.1. ‐ Request for proposals.   A request for proposals shall be in writing and indicate in general terms that which is sought to be procured, specifying the factors, and indicating whether a numerical scoring system will be used in evaluating the proposal, and containing or incorporating by reference the other applicable contractual terms and conditions, including any unique capabilities or qualifications which will be required of the contractor. In the event that a numerical scoring system will be used in the evaluation of proposals, the point values assigned to each of the evaluation criteria shall be included in the Request for Proposal or posted at the location designated for public posting of procurement notices prior to the due date and time for receiving proposals Section 1‐46.2. ‐ Public notice.   At least ten (10) days prior to the date set for receipt of proposals, public notice shall be given by posting on a public bulletin board at the office of purchasing, and by publication in a newspaper or newspapers of general circulation in the area in which the contract is to be performed, so as to provide reasonable notice to the maximum number of offerors that can be reasonably anticipated to submit proposals in response to the particular request. In addition, proposals may be posted on a public website or solicited directly from potential contractors. Section 1‐46.3. ‐ Receipt of proposals.   No proposals shall be handled so as to permit disclosure of the identity of any offeror or the contents of any proposal during the process of negotiation.   Section 1‐46.4. ‐ Evaluation factors.   The request for proposals shall state the relative importance of price and other evaluation factors. The request for proposal shall include the specifics of any particular scoring system that will be used. Section 1‐46.5. ‐ Discussion with responsible offerors and revision of proposals.   As provided in the request for proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of the identity of competing offerors or of any information derived from proposals submitted by competing offerors. Section 1‐47. ‐ Award.   Award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the county taking into consideration price and the evaluation factors set forth in the request for proposal. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. When the terms and conditions for multiple awards are provided in the request for proposal, awards may be made to more than one (1) offeror. ‐ Contracting for professional services.    1. Competitive negotiation procedure. The purchasing agent shall engage in individual discussions with all offerors deemed fully qualified, responsible and suitable on the basis of initial responses and with emphasis on professional competence to provide the required services. Repetitive informal interviews shall be permissible. Such offerors shall be encouraged to elaborate on their qualifications and performance data or staff expertise pertinent to the proposed project as well as alternative concepts. The request for proposal shall not, however, request that offerors furnish estimates of man-hours or cost for services. These discussions may encompass nonbinding estimates of total project costs, including where appropriate, design, construction, and life-cycle costs. Methods to be utilized in arriving at price for services may also be discussed. Proprietary information from competing offerors shall not be disclosed to the public or to competitors. At the conclusion of discussions, outlined herein, on the basis of evaluation factors published in the request for proposals and all information developed in the selection process to this point, the purchasing agent shall select in the order of preference two (2) or more offerors whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall then be conducted, beginning with the offeror ranked first. If a contract satisfactory and advantageous to the county can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations conducted with the offeror ranked second, and so on until such a contract can be negotiated at a fair and reasonable price. Should the purchasing agent determine in writing and in his sole discretion that only one (1) offeror is fully qualified, or that one (1) offeror is clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated and awarded to that offeror. Once formally terminated, negotiations may not be reopened with any offeror.   2. Multiphase professional services contracts satisfactory and advantageous to the county for environmental, location, design and inspection work regarding construction infrastructure projects may be negotiated and awarded based on qualifications at a fair and reasonable price for the first phase only, when completion of the earlier phases is necessary to provide information critical to the negotiation of a fair and reasonable price for succeeding phases. Prior to entering any such contract, the county shall state the anticipated intended total scope of the project and determine in writing that the nature of the work is such that the best interests of the county require awarding the contract. 3. Contracting for multiple projects. A contract for architectural or professional engineering services relating to construction projects may be negotiated by the county, for multiple projects provided (i) the projects require similar experience and expertise, (ii) the nature of the projects is clearly identified in the request for proposals, and (iii) the contract term is limited to one (1) year or when the cumulative total project fees reach the maximum cost authorized in this paragraph, whichever occurs first. Such a contract may be renewable for four (4) additional one-year terms at the option of the county. Under such contract, (a) the fair and reasonable prices, as negotiated, shall be used in determining the cost of each project performed; (b) the sum of all projects performed in one (1) contract term shall not exceed five hundred thousand dollars ($500,000); and (c) the project fee of any single project shall not exceed one hundred thousand dollars ($100,000.00), or five hundred thousand dollars ($500,000) per contract term. Any unused amounts from the first contract term shall not be carried forward to the additional term. Competitive negotiations for such contracts may result in awards to more than one (1) offeror provided (1) the request for proposals so states and (2) the county has established procedures for distributing multiple projects among the selected contractors during the contract term. 4. The County shall not procure architectural or engineering services through a job order contract.   Section 1‐47.2. ‐ Contracting for other than professional services.   Selection shall be made of two (2) or more offerors deemed to be fully qualified and best suited among those submitting proposals, on the basis of the factors involved in the request for proposal, including price if so stated in the request for proposal. Negotiations shall then be conducted with each of the offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each offeror so selected, the purchasing agent shall select the offeror which, in his opinion, has made the best proposal, and shall award the contract to that offeror. When the terms and conditions for multiple awards are provided in the request for proposal, awards may be made to more than one (1) offeror. Should the purchasing agent determine in writing and in his sole discretion that only one (1) offeror is fully qualified, or that one (1) offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror.      DIVISION 4. ‐ DEBARMENT    Section 1‐48. ‐ Authority to debar or suspend.     After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the purchasing agent is authorized to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three (3) years. The purchasing agent is authorized to suspend a person from consideration for award of contracts if there is probable cause to believe that the person has engaged in any activity which might lead to debarment. The suspension shall not be for a period of more than three (3) months. The causes for debarment include: 1. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract, or subcontract, or in the performance of such contract or subcontract; 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously and directly affects responsibility as a county contractor; 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; 4. Violation of contract provisions, as set forth below, of a character which is regarded by the purchasing agent to be so serious as to justify debarment action: a. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or b. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one (1) or more contracts; provided, that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; or 5. Any other cause the purchasing agent determines to be so serious and compelling as to affect responsibility as a county contractor, including debarment by another governmental entity for any cause mentioned in this section, or for violation of the ethical standards set forth in division 6 of this article. Section 1‐48.1. ‐ Decision to debar or suspend.   If the purchasing agent shall debar or suspend a person, the purchasing agent shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended person involved of his rights concerning judicial or administrative review. Section 1‐48.2. ‐ Notice of decision.     A copy of the decision required by Section 1-48.2 of this division shall be mailed or otherwise furnished immediately to the debarred or suspended person.     Section 1‐48.3. ‐ Finality of decision.   A decision under Section 1-48.3 of this division shall be final and conclusive, unless the debarred or suspended person within ten (10) days after receipt of the decision appeals to the purchasing agent pursuant to Section 1-49.   DIVISION 5. ‐ APPEALS AND REMEDIES FOR BID PROTESTS    Section 1‐49. ‐ Ineligibility of bidder, offeror or contractor.    1. Any bidder, offeror or contractor, other than one (1) who has been debarred pursuant to Division 4 of this article, refused permission to, or disqualified from participating in public contracts shall be notified in writing. Such notice shall state the reasons for the action taken. This decision shall be final unless the bidder, offeror or contractor appeals within thirty (30) days of receipt thereof by invoking the administrative appeal procedure established by the purchasing agent, if any or in the alternative by instituting legal action as provided in Section 1- 50.1 of this division. 2. If, upon appeal, it is determined that the action taken was arbitrary or capricious, or not in accordance with the Constitution of Virginia, statutes or regulations, the sole relief shall be restoration of eligibility. Section 1‐49.1. ‐ Appeal of denial or withdrawal of bid.    1. A decision denying withdrawal of bid shall be final and conclusive unless the bidder appeals the decision within ten (10) days after receipt of the decision by invoking the administrative procedures established by the purchasing agent, if any, or in the alternative by instituting legal action as provided in Section 1-50.1 of this division. 2. If no bid bond was posted, a bidder refused withdrawal of a bid under the provisions of Section 1-40.4 prior to appealing shall deliver to the purchasing agent a certified check or cash bond in the amount of the difference between the bid and the next lowest bid. Such security shall be released only upon a final determination that the bidder was entitled to withdraw the bid. 3. If, upon appeal, it is determined that the decision refusing withdrawal of the bid was arbitrary or capricious, the sole relief shall be withdrawal of the bid. Section 1‐49.2. ‐ Determination of non‐responsibility.   1. Following public opening and announcement of bids received on an invitation to bid, the purchasing agent shall evaluate the bids. At the same time the purchasing agent shall determine whether the apparent low bidder is responsible. If the purchasing agent so determines, then he may proceed with an award in accordance with the provisions of Section 1-42. If the purchasing agent determines that the apparent low bidder is not responsible, he shall proceed as follows: a. Prior to the issuance of a written determination of non-responsibility, the purchasing agent shall (i) notify the apparent low bidder in writing of the results of the evaluation, (ii) disclose the factual support for the determination, and (iii) allow the apparent low   bidder an opportunity to inspect any documents which relate to the determination, if so requested by the bidder within five (5) business days after receipt of the notice. b. Within ten (10) business days after receipt of the notice, the bidder may submit rebuttal information challenging the evaluation. The purchasing agent shall issue his written determination of responsibility based on all information in his possession, including any rebuttal information, within five (5) business days of the date he received such rebuttal information. At the same time, the purchasing agent shall notify the bidder in writing of his determination. c. Such notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within ten (10) days by invoking the administrative procedures as provided in Section 1-49.2, or in the alternative by instituting legal action as provided in Section 1-50.1 d. The provisions of this subsection shall not apply to procurements involving the prequalification of bidders and the rights of any potential bidders under such prequalification to appeal a decision that such bidders are not responsible. 2. If, upon appeal pursuant to Section 1-50.1 or Section 1-49.2, it is determined that the decision of the purchasing agent was arbitrary or capricious, and the award of the contract in question has not been made, the sole relief shall be a finding that the bidder is a responsible bidder for the contract in question. If it is determined that the decision of the purchasing agent was arbitrary or capricious, the relief shall be as set forth in Section 1-50. 3. A bidder contesting a determination that he is not a responsible bidder for a particular contract shall proceed under this section, and may not protest the award or proposed award under Section 1-49.3. of this division. 4. Nothing contained in this section shall be construed to require the county when procuring by competitive negotiation to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous.   Section 1‐49.3. ‐ Protest of award or decision to award.    1. Any bidder or offeror may protest the award or decision to award a contract by submitting such protest in writing to the purchasing agent no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The purchasing agent shall issue a decision in writing within ten (10) days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within ten (10) days of the written decision by invoking the administrative procedures established by the purchasing agent, if any, or in the alternative by instituting legal action as provided in Section 1-50.1 of this division. 2. If prior to an award it is determined that the decision to award is arbitrary or capricious, then the sole relief shall be a finding to that effect. The awarding authority (county council or purchasing agent) shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be enjoined. Where the award has been made and performance has begun, the awarding authority (county council or purchasing agent) may   declare the contract void upon a finding that this action is in the best interest of the public. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits. A decision to award shall be deemed to be arbitrary and capricious if it is not in accordance with the Constitution of Virginia, applicable law or regulation, or the terms and conditions of the invitation to bid or request for proposal. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the terms and conditions of the invitation to bid or request for proposal. 3. Where the awarding authority (county council or purchasing agent) determines, after a hearing held by it, or its designee, following reasonable notice to all bidders, that there is probable cause to believe that a decision to award was based on fraud or corruption or on an act in violation of the ethics in public contracting as set forth in Division 6 of this article, the county council or the purchasing agent, as the case may be, shall not award the contract to the offending bidder. Section 1‐49.4. ‐ Effect of appeal upon contract.   Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this chapter shall not be affected by the fact that a protest or appeal has been filed. Section 1‐49.5. ‐ Stay of award during protest.   An award need not be delayed for the period allowed a bidder or offeror to protest, but in the event of a timely protest, as provided in Section 1-49.3, or the filing of a timely legal action as provided in Section 1-50.1, no further action to award the contract shall be taken unless there is a written determination by the purchasing agent that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire. Section 1‐50. ‐ Contractual disputes.   a. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty (60) days after final payment; however, written notice of the contractor's intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment. b. A procedure for consideration of contractual claims may be included in each contract. Such procedure, which may be incorporated into the contract by reference, shall establish a time limit for a final decision in writing by the purchasing agent. c. A contractor may not invoke the administrative procedures established by the purchasing agent, if any, or institute legal action as provided in Section 1-62.1 of this division, prior to receipt of the decision on the claim, unless the purchasing agent fails to render such decision within the time specified in the contract. d. The decision of the purchasing agent shall be final and conclusive unless the contractor appeals within six (6) months of the date of the final decision on the claim by the purchasing agent by   invoking the administrative procedures established by the purchasing agent, if any, or in the alternative by instituting legal action as provided in Section 1-62.1 of this division. Section 1‐50.1. ‐ Legal actions.   a. A bidder or offeror, actual or prospective, who is refused permission or disqualified from participation in bidding or competitive negotiation, or who is determined not to be a responsible bidder or offeror for a particular contract, may bring an action in the circuit court for the County of Isle of Wight challenging that decision, which shall be reversed only if the petitioner establishes that the decision was arbitrary or capricious, or, in the case of denial of prequalification, that the decision to deny prequalification was not based upon the criteria for denial of prequalification as set forth in Section 1-39. b. A bidder denied withdrawal of a bid under Section 1-40.4 of this Code may bring an action in the circuit court for the County of Isle of Wight challenging that decision, which shall be reversed only if the bidder establishes that the decision was clearly erroneous. c. A bidder, offeror or contractor may bring an action in the circuit court for the County of Isle of Wight challenging a proposed award or the award of a contract, which shall be reversed only if the petitioner establishes that the proposed award or the award is not an honest exercise of discretion, but rather is arbitrary or capricious or not in accordance with the Constitution of Virginia, applicable law or regulation, or the terms and conditions of the invitation to bid or request for proposal. In the event the apparent low bidder, having been previously determined by the purchasing agent to be not responsible, is found by the court to be responsible, the court may direct the award of the contract to such bidder in accordance with the requirements of this section and the invitation to bid or request for proposal. The provisions of Section 1-49.3(b) shall apply to any such award. d. If injunctive relief is granted, the court, upon request of the county, shall require the posting of reasonable security to protect the county. e. A contractor shall bring an action involving a contract dispute with the county in the circuit court for the County of Isle of Wight. f. A bidder, offeror or contractor need not utilize the administrative procedures of section 1-50.2 of this Code; but if those procedures are invoked by the bidder, offeror or contractor, the procedures shall be exhausted prior to instituting legal action concerning the same procurement transaction unless the county agrees otherwise. g. Nothing herein shall be construed to prevent the county from instituting legal action against a contractor. Section 1‐50.2. ‐ Administrative appeals procedure.    a. The purchasing agent shall establish an administrative procedure for hearing protests of a decision to award or an award, appeals from refusals to allow withdrawal of bids, appeals from disqualifications and determinations of non-responsibility, actions of debarment or suspension, and appeals from decisions on disputes arising during the performance of a contract, or any of these. Such administrative procedure shall provide for a hearing before a disinterested person or panel, the opportunity to present pertinent information and the issuance of a written decision containing findings of fact. The disinterested person shall not be an employee of the county and no member of the panel shall be an employee of the county. The findings of fact shall be final   and conclusive and shall not be set aside unless the same are fraudulent, arbitrary or capricious, or as grossly erroneous as to imply bad faith, or in the case of denial of prequalification, such findings were not based upon the criteria for denial of prequalification as set forth in Section 1- 39. No determination on an issue of law shall be final if appropriate legal action is instituted in a timely manner. b. Any party to the administrative procedure, including the county, shall be entitled to institute judicial review if such action is brought within thirty (30) days of receipt of the written decision. DIVISION 6. ‐ ETHICS IN PUBLIC CONTRACTING   ‐ Purpose.   The provisions of this division supplement, but do not supersede, other provisions of law, including, but not limited to, the State and Local Government Conflict of Interests Act (§2.1-3100 et seq.), the Virginia Governmental Frauds Act (§18.1-498.1 et seq.), and Articles 2 and 3 of Chapter 10 of Title 18.2 of the Code of Virginia, 1950, as amended. The provisions of this division apply notwithstanding the fact that the conduct described may not constitute a violation of the State and Local Government Conflict of Interests Act.  ‐ Definitions.   For the purposes of this division, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless a different meaning clearly appears from the context: 1. County employee shall mean any person employed by the county, including elected officials or appointed members of governing bodies. 2. Immediate family shall mean a spouse, children, parents, brothers and sisters, or any person living in the same household as the employee. 3. Official responsibility shall mean administrative or operating authority, whether intermediate or final, to initiate, approve, disapprove, or otherwise affect a procurement transaction, or any claim resulting therefrom. 4. Pecuniary interest arising from the procurement shall mean a personal interest in a contract as defined in the State and Local Government Conflict of Interests Act (§ 2.1-3100 et seq., Code of Virginia). 5. Procurement transaction shall mean all functions that pertain to the obtaining of any goods, services or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. 6. Nominal value. So small, slight or the like, in comparison to what might properly be expected, as scarcely to be entitled to the name, but in no case to be more than twenty dollars ($20.00).       ‐ Proscribed participation by public employees in procurement transaction.   Except as may be specifically allowed by of Section §2.1-3112, subdivisions A2 and A3, Code of Virginia, 1950, as amended, no county employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the county when the employee knows that: 1. The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction; or 2. The employee, the employee's partner, or any member of the employee's immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five (5) percent; or 3. The employee, the employee's partner, or any member of the employee's immediate family has a pecuniary interest arising from the procurement transaction; or 4. The employee, the employee's partner, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor.  ‐ Solicitation or acceptance of gifts.   No county employee having official responsibility for a procurement transaction shall solicit, demand, accept or agree to accept from a bidder, offeror, contractor or subcontractor any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal or minimal value, present or promised, unless consideration of substantially equal or greater value is exchanged. The county may recover the value of anything conveyed in violation of this section.  ‐ Disclosure of subsequent employment.   No county employee or former county employee having official responsibility for procurement transactions shall accept employment with any bidder, offeror or contractor with whom the employee or former employee dealt in an official capacity concerning procurement transactions for a period of one (1) year from the cessation of employment by the county unless the employee or former employee provides written notification to the county council prior to commencement of employment by that bidder, offeror or contractor.  ‐ Gifts by bidders, offerors, contractors or subcontractors.   No bidder, offeror, contractor or subcontractor shall confer upon any county employee having official responsibility for a procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is exchanged.  ‐ Kickbacks.    a. No contractor or subcontractor shall demand or receive from any of his suppliers or his subcontractors, as an inducement for the award of a subcontractor or order, any payment, loan, subscription, advance, deposit of money, services or anything, present or promised, unless consideration of substantially equal or greater value is exchanged.   b. No subcontractor or supplier shall make, or offer to make, kickbacks as described in this section. c. No person shall demand or receive any payment, loan, subscription, advance, and a deposit of money, or services, or anything of value, in return for an agreement not to compete on a county contract. d. If a subcontractor or supplier makes a kickback or other prohibited payment as described in this section, the amount thereof shall be conclusively presumed to have been included in the price of the subcontract or order and ultimately borne by the county and will be recoverable from both the maker and recipient. Recovery from one (1) offending party shall not preclude recovery from other offending parties.  ‐ Purchase of building materials, etc., from architect or engineer prohibited.   a. No building materials, supplies or equipment for any building or structure constructed by or for the county shall be sold by or purchased from any person employed as an independent contractor by the public body to furnish architectural or engineering services, but not construction, for such building or structure or from any partnership, association or corporation in which such architect or engineer has a personal interest as defined in Section §2.1-3101, Code of Virginia, 1950, as amended. b. No building materials, supplies or equipment for any building or structure constructed by or for the county shall be sold by or purchased from any person which has provided or is currently providing design services specifying a sole source for such materials, supplies or equipment to be used in such building or structure to the independent contractor employed by the county to furnish architectural or engineering services in which such person has a personal interest as defined in Section §2.1-3101, Code of Virginia, 1950, as amended. c. The provisions of subsections (a) and (b) shall not apply in cases of emergency.      ‐ Penalty for violation.   Willful violation of any provision of this division shall constitute a class I misdemeanor. Upon conviction, any county employee, in addition to any other fine or penalty provided by law, shall forfeit his employment.  ‐ Participation in bid preparation; limitation on submitting bid for  same procurement.  No person who, for compensation, prepares an invitation to bid or request for proposal for or on behalf of the county shall (i) submit a bid or proposal for that procurement or any portion thereof or (ii) disclose to any bidder or offeror information concerning the procurement which is not available to the public. However, the purchasing agent may permit such person to submit a bid or proposal for that procurement or any portion thereof if the purchasing agent determines that the exclusion of such person would limit the number of potential qualified bidders or offerors in a manner contrary to the best interests of the county.   DIVISION 7. ‐ Purchasing Card (Pcard) Policy  The purpose of this policy is to provide guidelines and procedures to govern the County of Isle of Wight’s Purchasing Card (Pcard) Program. The Pcard Program has been established to provide County departments and agencies with an efficient means of purchasing goods and services. The Pcard Program and policy is intended to:  Reduce the volume of accounts payable transactions and associated administrative costs by consolidating multiple vendor payments while providing departments a time-saving convenience.  Provides a convenient method for small purchases and to facilitate e-commerce, including Internet purchases and/or payments.  Ensure that procurement of goods and services with purchasing cards is accomplished in accordance with the County's Purchasing Policy to carry out the program.  Facilitate good management practices and proper tracking of expenditures.  Ensure that appropriate internal controls are established to prevent fraud and unauthorized purchases.  Provides excellent value through rebates earned by making purchases on Pcards. The County of Isle of Wight (County) utilizes an electronic Purchasing Card (Pcard) Program that provides the County the opportunity to streamline procedures for procuring small dollar goods and services. All purchases must comply with the County’s Pcard Policy and Purchasing guidelines. Purchases shall only be made for official County business. Personal use of the Pcard is prohibited and can result in employee discipline up to and including termination of employment from the County. Pcard services are obtained through participation in the State-wide contract administered by the Virginia Department of Accounts (DOA), in conjunction with the Virginia Department of General Services, Division of Purchases and Supply (DGS/DPS). Bank of America is the County’s provider for the Pcard Program. These procedures apply to all cardholders, their supervisors, and those authorized to use or administer cards. The Director of Budget & Finance has overall responsibility for the Pcard program and has established this policy for its utilization. The Director of Budget & Finance appoints the Pcard Administrator and designated backup, who administer the Pcard Program. Definitions:  Approving Official: The Department Head or his/or her designee authorized to approve purchases and code transactions to departmental line items.  Cardholder: The Cardholder shall make purchases and process transactions in accordance with this policy. Purchases and returns should be recorded on a Pcard log in a timely manner. The transactions shall be reconciled to the bank statement and processed using the Bank of America online system. All documentation shall be submitted to their Cardholder Manager each cycle. An electronic format is preferred.  Proxy Reconciler: In some departments administrative personnel are tasked to represent the actual Cardholder during reconciliation processes. This usually occurs when the cardholder does not have access to a computer to input data. The Proxy Cardholder can perform those tasks normally assigned to the Cardholder. A Proxy Cardholder may not have the role of Cardholder Manager for the same Cardholder.    Cardholder Manager: The Cardholder Manager (usually cardholder’s immediate supervisor) shall ensure all purchases under his/her approval authority are in compliance with this policy, and are accurate and necessary to conduct County business by reviewing the Cardholders’ receipts, log, and statement. The Cardholder Manager shall utilize the Bank of America online system (Works) each cycle to sign-off on the approved transactions.  Department Head: The Department Head is responsible for all Pcard activity in their department and shall appoint Cardholder Managers. The Department Head or designee shall analyze each Cardholder’s usage and spending limits to ensure appropriate purchasing authority. The Department Head shall minimize credit exposure by limiting the number of cards to essential personnel who frequently purchase goods or services, establishing reasonable credit limits, and coordinating appropriate MCC restrictions (Accommodations, Car Rentals, Oil/Gas, Restaurant/Food, and Travel) through the Pcard Administrator.  Purchasing Card Administrator: The County employee in Purchasing assigned by the Director of Budget & Finance to administer the Purchasing Card Program.  Purchasing Card Issuer: The financial institution issuing the purchasing cards, Bank of America.  Program Manager: An additional employee that may be assigned by Department Head to be responsible for fiscal oversight of his/her department’s purchase card program. Program managers shall not be cardholders.  Pcards will be issued to individual employees who frequently purchase goods or services at the discretion of the Director of Budget & Finance. Each Pcard displays the County’s name, individual's name, the County’s Federal Identification Number, the Pcard account number, and card expiration date. The Department Head must make all requests for Pcards.  The Department Head must submit a completed request form and the cardholder agreement to the Pcard Administrator for processing. Upon receipt of the request and the cardholder agreement, the Pcard Administrator will request a Pcard from the Bank of American. Card orders take approximately five business days to be issued by the Bank of America.  When the Pcard Administrator receives a purchasing card from the issuing card company, the cardholder will be required to complete training administered by the Purchasing Agent and Pcard Administrator and personally take receipt of the Pcard. The cardholder will be given a copy of the Purchasing Card Policy and required to provide signature affirming their understanding and intended compliance of all requirements. The Pcard Administrator will notify the requesting department upon issuance of all Pcards.  Pcards shall be secured by the Cardholder at all times. Purchases are only to be made by the cardholder whose name is on the card. Under no circumstances shall a Pcard be shared with another County employee. The account number shall not be faxed, mailed or emailed to any vendor. The card number and expiration date may be provided verbally to trusted vendors. Web orders shall only be made on a secure website that starts with https://. Cardholders should not make photocopies of the Pcard. Mandatory Training Prior to the issuing of a Pcard, and annually thereafter, all Cardholders and Cardholder Managers shall successfully complete training by the Director of Budget & Finance and the Pcard Administrator. The training class is classroom based. Cardholders that violate the County’s Pcard Policy will be required to attend an additional training class in order to maintain the Pcard privileges.   The Delegation of Authority that has been provided to each cardholder sets the maximum dollar amount for each single purchase (Single Transaction Limit) and a credit limit for all purchases made with a purchasing card within a given billing cycle (30-Day Limit). Individual cardholder limits are established upon issuance of the Pcard based on recommendations provided by the Department Head and approved by the Pcard Administrator. Regardless of the individual Pcard limits, no purchase transaction shall exceed established procurement threshold ($5,000) as provided by the County’s Purchasing Manual and Policy. Use of the Pcard must meet the following conditions:  The Pcard is to be used only for County purchases and travel expenses that meet a public purpose as outlined in County policy or as determined by the County Administrator.  No other person is authorized to use the Cardholder’s Pcard.  Cardholders must obtain a customer copy of the charge slip and the detailed receipt or all purchases made using the Pcard. The charge slip and detailed receipt will become the accounting documents. The business purpose with item description must be documented on all receipts. These records are to be scanned and attached to the transaction in Works.  It is recommended that all purchases be entered into a log or other records to use in reconciliation of the statement. Attach receipts and records to this document. All receipts and records of transactions should be scanned and provided to the Approving Official, Cardholder Manager, Program Manager, if applicable, and Pcard Administrator.  Visa automatically charges a 1% fee for all international transactions. This is in addition to currency conversion fees.  Telephone Orders - When a detailed charge receipt is not provided with the order, the cardholder shall provide a written explanation that it was a telephone purchase and provide a description of the item(s), date of purchase, amount and merchant name which will serve as the charge receipt. When merchandise is received the receipt or packing slip should be scanned and attached to the Pcard transaction when closing the monthly statement.  Internet Orders - Most sites provide order confirmations/receipts either on-line or via e-mail. These receipts should be printed as the supporting documentation for the purchase. The cardholder shall submit documentation giving an explanation that it was an Internet purchase and provide a description of the item(s), date of purchase, and amount which will serve as the charge receipt. This documentation shall be scanned and attached with the monthly statement in Works.  Meals - Detailed receipts are required for all meals in accordance with the County’s Travel Policy. The business purpose and attendees must be documented on all business meal receipts. This shall be scanned and provided to the Pcard Administrator with the monthly statement.  Missing Documentation: If for some reason (other than for telephone and Internet orders as described above) the cardholder does not have detailed documentation of the transaction he/she   must prepare a written explanation. The explanation must include a description of the item(s), date of purchase, amount, merchant's name, and why there is no supporting documentation. Instances of frequent abuse of this provision (as determined by the Pcard Administrator) may result in cancellation of the purchasing card.  Cash Advances Prohibited: All cash advances using the Pcard are prohibited. This includes cash advances through cash back, bank tellers or automated teller machines, and gift certificates.  Taxes: Cardholders are responsible for knowing the County's tax exempt status and must make every attempt to avoid paying unnecessary taxes.  The County is exempt from Virginia Sales and Use Tax. The County is typically exempt from other states' sales tax when the order is placed by telephone or Internet. However, the County is not exempt from other states' sales tax when the purchase is made in that state. The County is also exempt from some federal excise taxes, such as the excise tax on tires, fuel, and firearms. The County is not exempt from all taxes. The County is subject to Meals and Lodging taxes, for example.  Departments are required to use the Bank of America’s purchasing card accountability system. All Cardholders will be required to complete training on the Bank of America’s purchasing card accountability system prior to receiving their Pcard. The Pcard Administrator is also available to provide additional technical assistance as needed.  The payment processing date due to the Purchasing Department is the 25th of each month to facilitate a timely compliance review prior to the scheduled automatic draft payment date for all purchases made by cardholders at the end of each billing cycle. Charges that have been reviewed, accepted, and properly coded by the appropriate Approving Official in the on-line Pcard system will be expensed accordingly in the financial system. Charges that have not been noted as compliant in Bank of America System will be recorded in the financial system as an advance to the cardholder. Instances of frequent abuse to this provision may result in cancellation of the Pcard.  Each department must provide to the Pcard Administrator the names of Approving Officials and the accounts each will be responsible for reviewing and maintaining within the on-line purchasing card system at the time of card issuance. The cardholder must provide all detailed receipt(s) (sales drafts) received at the time of purchase in addition to written documentation of any telephone orders or other purchases for which detailed receipts were not provided to the Approving Official. Noncompliance may result in denial of future use of Pcards. Charges not reviewed by the date established and posted to the financial system as an advance to the cardholder may become a future payroll deduction to cover charges, if not cleared.  The Cardholder reviews charges, notes any errors, assigns accounting codes to each item, completes the comment field (required), and forwards to the Cardholder Manager and/or Approving Official for documented approval of purchases. The Approving Official may also assign accounting codes to each item that is purchased by the Cardholder and will accept a charge in the on-line purchasing card accounting system when required documentation has been received from the cardholder in a timely manner. The Approving Official will scan the corresponding receipts, and forward this information to the Pcard Administrator by the 25th of each month. Certification of all purchases is required by each cardholder, with verification performed by an Approving Official. A charge will remain as not reviewed in the on-line purchasing card system when the required documentation has not been received from the cardholder by the fifth of the following month.  It is the cardholder's responsibility to provide his/her Approving Official with the detailed receipt(s) for each billing cycle if travel or extended leave is scheduled at the time the charges are to be reviewed in the on-line purchasing card system. At any time, should the Approving Official   not receive all of the detailed receipts, it will be his/her responsibility to contact cardholders and obtain the necessary documents. If a cardholder does not have any transactions on his/her Pcard for a particular billing cycle, no charges will appear in the one-line purchasing card system (unless adjustments for previously billed transactions are processed during that cycle. Program Manager’s assigned by the Department Head may review all transactions. Approving Officials are required to review each cardholder transaction, and the merchant who made the sale to assure that items were for Official Use. If for any reason the Approving Official questions the purchase(s), it is his/her responsibility to resolve the issue with the cardholder. If he/she cannot be satisfied that the purchase was necessary and for Official Use, then the cardholder must provide either a Credit Voucher proving that the items have been returned for credit, or a personal check for the full amount of that purchase. Use of a County Pcard for purchases other than Official Use is considered misuse, even when the expense is reimbursed. The Approving Official is required to report instances of purchases other than of Official Use to the department’s Cardholder Manager, program Manager, if applicable, the Cardholder’s immediate supervisor, the Department Head, and Purchasing Card Administrator immediately for corrective action. The cardholder is accountable for the activity on the Pcard. Improper use of the Pcard can be considered misappropriation of County funds, which may result in disciplinary action, up to, and including termination.  If items purchased with the Pcard are found defective or the repair or services faulty, the cardholder has the responsibility to return item(s) to the merchant for replacement or to receive a credit on the purchase. CASH REFUNDS WILL NOT BE PERMITTED. If the merchant refuses to replace or correct the faulty item, then the purchase of this item will be considered to be in DISPUTE.  Disputed charges should be handled by the cardholder in accordance with Bank of America’s system. The Pcard Administrator may be contacted for the necessary information as required by Bank of America to properly dispute charges. The Pcard Administrator will monitor outstanding disputed items to ensure cardholders are obtaining appropriate resolution. Bank of America will notify the cardholder of the action taken on disputed items. It is essential that the timeframes and documentation requirements established by Bank of America be followed to protect the cardholder's rights in dispute.   If a cardholder fails to comply with the applicable policies and these procedures, the card will be immediately blocked. Unauthorized use of a Pcard may result in disciplinary measures and other actions, consistent with law. Pcard Violations include:  Purchase of items for personal use.  Purchase of items in violation of the County’s policies.  Use of credit card for cash advances.  Use of the credit card to split purchases into more than one transaction to circumvent the delegated purchasing authority dollar thresholds as defined in the County Purchasing Policy.    Failure to return the credit card when an employee is reassigned, terminated or upon request.  Repeated failure to provide required documentation.  The cardholder shall never use the card to circumvent or divert the rules of the Virginia Public Procurement Act or the County of Isle of Wight Procurement Manual Policies and Procedures. The Pcard shall not be used to purchase the following:  Alcohol  Cash Advance  Gift Cards  Items under County Contract  Transactions over Cardholder’s single transaction limit  Purchases potentially resulting in future obligations  Repetitive purchases (we should combine to set up contracts)  Maintenance agreements; annual repairs; or lease agreements  Purchases not for official County business Department Heads, Approving Officials, and their designees should immediately contact the Pcard Administrator and Director of Budget & Finance to report violations that are discovered. The Director of Budget & Finance and Pcard Administrator shall immediately report all instances of noncompliance and misuse to the County Administrator for appropriate disposition. Disciplinary action, including, but not limited to termination of employment, may be taken against the Cardholder for failure to comply with this policy. All Pcards are restricted from the following transactions:  Drinking Places;  Wires;  Money Orders;  Pawn Shops;  Manual Cash Disbursements;  Automated Cash Disbursements;  Quasi Cash – Member Financial Institution;  Non-Financial Institutions;  Dating/Escort Services;  Massage Parlors;  Betting/Casino Gambling;  Fine/Government Administrative Entities;  Bail and Bond Payments;  Sweepstakes;  Food Stamps. The Director of Budget & Finance, Department Heads or their Designees may request additional Merchant Category Codes (MCC’s) restriction to individual cards which can include Accommodations, Car Rentals, Oil/Gas, Restaurant/Food, and Travel. These limitations enable specific controls on cardholders and minimize errors, restricting the employee to specific procurement functions.     All requests for new cardholders or changes to current cardholders shall be made to the Pcard Administrator who will process the requested changes. All requests for Pcard s and Pcard limit increases must be approved by the Department Head or his designated representative and by the Pcard Administrator. On a semi-annual basis, the Pcard Administrator will provide a list of Pcards issued to individuals for each department to the Department Head. Departments Heads shall conduct a physical inventory of the Pcards and provide a report to the Pcard Administrator of the results of the inventory.   Should any cardholder lose or have their Pcard stolen, it is the responsibility of the cardholder to immediately notify Bank of America, Cardholder Manager and/or Approving Official, and the Pcard Administrator of the loss. The telephone number of Bank of America is available from the Pcard Administrator. A list of Bank of America contact numbers is also attached to this policy. In addition to notifying Bank of America, their Cardholder Manager and/or Approving Official, of lost or stolen Pcard WITHIN ONE WORKDAY after discovery of the loss or theft of the card. The Cardholder Manager and/or Approving Official or their designee will be required to notify the Pcard Administrator WITHIN 2 WORKDAYS. Complete information on the loss, the date the loss was discovered, the location where the loss occurred, if known, the last transactions that the cardholder had made prior to the loss, and any other necessary information shall be provided to the Pcard Administrator. Upon determination that the card will no longer be needed, or when the Cardholder will be out on leave for more than two weeks, the Cardholder shall surrender their Pcard and un-reconciled receipts and/or statements to their Cardholder Manager. The Cardholder Manager shall immediately notify the Pcard Administrator. If an employee leaves their position with the County, or is terminated, the Approving Official and/or Cardholder Manager shall collect and return the Pcard to the Pcard Administrator. The Pcard Administrator will notify Bank of America and destroy the card. In the event that a cardholder transfers to another department within the County, the Pcard shall be returned to the Pcard Administrator by the Approving Official and/or Cardholder Manager. Should the employee require a Pcard to perform the duties of their new position, their new Department Head must submit a new Pcard Request Form to the Pcard Administrator. In the event the Approving Official is not able to collect the Pcard when an individual leaves, the Pcard Administrator should be contacted immediately by telephone and written notification to ensure the purchasing card is voided. The Pcard Administrator will notify Bank of America to cancel the Pcard to prevent any transactions upon employment separation or termination of the former employee.   All documents related to the Pcard shall be fully disclosed as a public record to the extent provided for by the Virginia Freedom of Information Act (FOIA).     DIVISION 8 – SURPLUS PROPERTY DISPOSAL POLICY   Section 1‐71    Surplus Property Disposal    It is the intent of this section of the County’s Procurement Policy entitled SURPLUS PROPERTY DISPOSAL to protect County assets by actively seeking the most effective means available to dispose of all materials, supplies, equipment, or other personal property that are considered excess, obsolete, unusable, or extensively damaged in order to maximize the useful life of each of the County’s assets. Personal property, as outlined in this procedures policy, shall include any excess obsolete, salvageable, or non-salvageable, Capital or Non-Capital property which is sold, replaced through the budget process, transferred or loaned to another department or Department, discarded, scrapped, traded in, or otherwise removed from service by any other means of disposal. Disposal of surplus property does not apply to real estate. Section 1‐71.1 Department Responsibility  Department directors shall be responsible for the maintenance, care, custody and control of County property assigned to their department. Further, except as otherwise set forth herein, written authorization from the General Services Department shall be obtained prior to the disposition of any surplus property. This does not include the disposition of salvageable or non-salvageable equipment, materials, and/or supplies purchased using small dollar procurement procedures; this property may be disposed of at the discretion of the department director. Section 1‐71.2 Authority  Unless otherwise directed by County Board of Supervisors or the County Administrator, the General Services Director or designee, or other authorized staff of the General Services Department, shall have the sole authority to dispose of surplus property using the method of disposal deemed to be most cost effective to the County. The General Services Director or designee shall report final disposition to the Director of Budget & Finance. Section 1‐71.3 Reporting of Surplus Property Surplus Property Asset Forms shall be submitted to the Department of Budget & Finance for the disposition of any surplus property acquired at the purchase price of $5,000.00 or above, regardless of the method of disposal. These purchases are considered Capital Assets and are assigned an asset number by the Department of Finance. A copy of the Surplus Property Asset Form shall be maintained in Budget & Finance and in the owner department inventory files. Section 1‐72 Methods of Disposal  The General Services Department may use any of the following methods to dispose of surplus property: A. Public Auction 1) Public auction to be held at the Auctioneer’s site or at a specified location within the County.   2) Public auction to be held utilizing an approved on-line auction site. B. Sales 1) Formal Sealed Bid - The property is sold using the formal sealed bid process for competitive bids. Surplus property sold using this method must be posted publicly on a Bid Board maintained by the General Services Department and advertised in a newspaper having general circulation in the County. 2) Request for Quotation - The property is sold using quotations as governed by small dollar procedures. 3) Direct sales by posting items on bulletin board or website with an established price on first-come basis. 4) In the event that no offer is received in response to methods (1) and (2), the General Services Director or designee may accept any subsequent offer to purchase said surplus property deemed to be in the County’s best interest. C. Transfer of Surplus property, whether capital or non-capital assets, may be transferred as follows: 1) Transfer of property among divisions within the same department. A department director may transfer surplus property from one division to another division within their department. Whenever a Capital Asset is transferred to another division within the same department, the department director shall submit a Surplus Asset Form to the Department of Budget & Finance showing that the transfer has taken place. 2) Transfer of property among different departments within the County. A department director may transfer surplus property from one department to another department within the County. Whenever a Capital Asset is transferred to another department within the County, the department director shall submit a Surplus Asset Form to the Department of Budget & Finance showing that the transfer has taken place. 3) Transfer of property to another public entity prior to placing an asset on the open market for sale, the General Services Department may transfer it to another public entity for a negotiated price or, with written justification, at no cost. The transfer of property to another public entity will be the sole responsibility of the Department of Budget & Finance. D. Trade-in Departments shall not use trade-in allowances to offset the cost of a new or replacement asset unless stated in the procurement process; however, the General Services Department may negotiate a trade-in allowance. In the event a trade-in is authorized by the General Services Department, the department will be charged for the gross cost of the item, and the trade-in allowance will be credited to the County’s appropriate fund. E. Donations At the discretion of the General Services Director or designee, any surplus property which remains unsold may be donated to any non-profit or historical organization, which includes old and used books from the Library donated for resale and monies returned to Library. With approval of the County Administrator, surplus property may be donated directly to the organization without using other methods of disposal. F. Loan The temporary use of a surplus asset may be granted to a department other than the owner department or, with written permission by the General Services Director or designee, to another public entity or non-profit organization. G. Cannibalization At the discretion of the department head of the owner department, obsolete, worn-out, inactive, or uneconomical operating equipment may be used for parts for the repair of other equipment. H. Scrap   Should no additional offers for purchase be received or requests made for donation of surplus property, the General Services Designee may declare the asset void of any value to the County and notify the department to dispose of the property as scrap at an appropriate landfill facility. Section 1‐72.1 Damaged Surplus Property – Subject of Insurance Claim  When damage to an asset is the subject of an insurance claim, the General Services Department and Risk Management Division will coordinate the disposal of the asset. Section 1‐72.02 Proceeds from Surplus Property Disposition Proceeds from the disposition of surplus property shall be returned to the County’s General Fund and not to the owner department’s account code. Exceptions to this procedure include the following:  Asset Forfeiture Vehicles/Equipment –  Vehicles/equipment seized by the order of court through Federal and State Assets Forfeiture Program.  Library book sales. Section 1‐73 Purchase of Surplus Property by County Employees  No County employee, whether permanent or temporary, shall convert to personal use any surplus property, with or without salvage value. No County employee, nor any member of their immediate family, may purchase surplus property. Surplus property may not be purchased by a County employee through a third party.   Departments with questions concerning the status of a purchase order are asked to provide the purchase order number when they call. A purchase order number will aid in the Purchasing Staff’s ability to quickly identify the status. Vendors checking the status of a solicitation are asked to provide the solicitation number (i.e. Quote, Bid or RFP number) and the buyer’s name when they call. This information will aid in the Purchasing Staff’s ability to quickly respond to requests. Departments with questions concerning the status of payments to vendors are asked to first verify that the department has processed the invoice and that the request for payment has been forwarded to the Department of Budget & Finance, Accounts Payable staff. Sections of this Policy This policy is divided into two (2) primary sections: Procurement Guide for County of Isle of Wight and Procurement Guide for Businesses. Both sections provide Using Departments and vendors with a comprehensive overview of the County procurement laws, policies, procedures and guidelines. Using Departments and vendors are encouraged to read each section. For your convenience, a glossary of frequently used purchasing terms is provided in the back of this policy. Vision The County of Isle of Wight strives to use quality procurement methods to obtain the best products available for county departments at affordable prices. The mission of the County of Isle of Wight’s Purchasing Division is to provide county departments with excellent customer support and service in the procurement of quality goods and services while promoting competition to save taxpayers’ dollars. Vendor contacts will find the County of Isle of Wight to be fair, reasonable and a partner in product management. Guiding Principles The County of Isle of Wight follows the fundamental principles for procurement as established by the Virginia Procurement Act, Code of Virginia, 1950 as amended. Therefore, we will promise: Quality of Service  Obtain high quality of goods and services at reasonable cost to ensure the wise use of taxpayer dollars. Ethics  Procurement procedures are conducted in a fair manner and the avoidance of or the appearance of any impropriety. Transparency  All qualified vendors have access to public business.  No offers will be arbitrarily or capriciously excluded.   Open and Fair Competition  Competition will be sought to the maximum degree;  Rules governing contract awards will be made clear in advance of the competition;  Procurement procedures will involve openness and administrative efficiency;  Specifications will reflect the procurement needs of the County rather than being written to favor particular vendor, and  The County and vendors freely exchange information concerning what is sought to be procured and what is offered. Open Communication  We strive to maintain open lines of communication regarding all procurement matters with all of our customers to include county departments, vendors and contractors. PROCUREMENT GUIDE FOR COUNTY Procurement Authority The County Administrator shall serve as the principal purchasing official for the County and shall assign administrative duties or functions to the designated staff in the Purchasing Division. Except as otherwise provided in this article, no official, elected or appointed, or employee shall purchase or contract for any goods, services, insurance or construction within the purview of this article other than and by provisions of this article A. Authority, Responsibilities and Duties of the County Administrator. Except as provided in the following sections of this chapter or as other specifically provided by the Board of Supervisors, the County Administrator shall have the authority and responsibility to: 1. Establish regulations and procedures, consistent with this policy, governing the procurement, management, control, and disposal of any and all goods, services, and construction to be procured by the County; 2. Consider and decide matters of policy within the provisions of this policy; 3. Exercise authority over the award or administration of any particular contract, or over any dispute, claim, or litigation pertaining thereto, with appropriate consultation with the County’s legal counsel as necessary. 4. Delegate authority, or revoke delegated authority, such authority as may be deemed appropriate to designees or to the head of any department or using Department. Such delegation shall be in writing and shall specify any limits of restriction.   B. Authority, Responsibilities and Duties of the Purchasing Coordinator. The Purchasing Coordinator, in the Department of Budget & Finance shall have the following responsibilities and perform such duties in accordance with the rules and regulations promulgated to implement the County’s procurement policy and other duties and such functions as the County Administrator may assign: 1. Administer purchasing objectives, policies, programs and operational procedures consistent with the Virginia Public Procurement Act and such other regulations and procedures as may be implemented by the County Administrator to organize and manage procurement functions in a manner that the maximum value will be obtained for the money expended. 2. Procure or supervise the procurement of all goods, services, insurance, and construction needed by the County in accordance with the quality, quantity and delivery requirements of the using Department. 3. Administer uniform policies and procedures with respect to buyer-seller relationships which promote competition and provide for the fair and equitable treatment of all persons involved in public purchasing by the County. 4. Assist with contract administration upon requests, and maintain close liaison with departments in order to meet their purchase requirements. 5. Monitor the implementation of its regulations and the requirements of this policy. 6. Be a representative for the County on all matters pertaining to purchasing. 7. Report procurement policy and procedural violations to the County Administrator. C. Departmental Authority, Responsibilities and Duties. It is the responsibility of each department director to determine the goods or services needed for efficient operation and to relay this information to the Purchasing Coordinator in a timely manner to ensure feasibility of compliance with procurement policies and procedures. Authority, responsibilities, and duties at the department level include: 1. Prepare sufficient and concise technical specifications that characteristically define the quality, which will best serve the interest of the County within available funding of goods or services needed to perform a specific function. Specifications shall provide a basis for full and fair competition. 2. Identify special terms and conditions which are pertinent to the procurement, such as delivery schedules, local service, warranty provisions, etc.   3. Plan and submit requirements to Purchasing sufficiently in advance of need to allow the necessary time for compliance with appropriate competitive procedures and allow the supplier ample time for regular (versus expedited) delivery. 4. Issue a formal Notice to Proceed (or Stop Work) after appropriate execution of contract documents for construction, professional services, generally applicable, and after issuance of a Purchase Order. The formal “Notice to Proceed” shall be signed by the Director of Budget & Finance. 5. Ensure that goods and services received are in strict accordance with the purchase order or other form of contract. Should substitute goods or services of a lesser quality or alternate other terms of the purchasing transaction be proposed (or delivered), the department head shall notify and request instruction for executing the original contract. 6. Document vendor performance and provide an appropriate level of contract administration to monitor all aspects of the contract/purchase order to insure proper fulfillment. Should any problems arise, it is the departments’ responsibility to notify the Purchasing Division; copies of all procurement related correspondence shall be forwarded to Purchasing. 7. Appoint a contract administrator or project Administrator for each project. The Virginia Public Procurement Act (VPPA), §2.2-4300, et seq, Code of Virginia, 1950, as amended, further provides guidance to public bodies pertaining to governmental procurement from nongovernmental sources. The VPPA shall prevail should there be a conflict between its requirements and the policies and procedures set forth in this policy. Delegated Procurement Authority The County Administrator has delegated to ALL using Departments the authority to purchase goods and/or services up to and not to exceed $5,000 per transaction except where annual contracts for goods and services have been established by the Purchasing Division. In the exercise of its procurement authority, using Departments shall follow the Procedures for Using Delegated Procurement Authority contained in this policy. All orders over $5,000 unit price must have a purchase order issued. Delegated procurement authority is designed to give using Department purchasing flexibility and to create a win/win relationship among Purchasing staff, the using Department, and the vendors. Basic Do’s and Don’ts in exercising your procurement authority: DO seek competition to the maximum degree feasible. DO follow competitive procurement practices. DO fully document your purchases. Include quote information for everything above $5,000 (i.e. vendors solicited, price quoted, payment terms, delivery, etc.) as an attachment to your purchase order. DO place orders directly with the vendor if the total price is less than $5,000.   DO submit directly to Budget & Finance/Accounts Payable, the vendor’s original invoice and your purchase order and/or payment voucher. DO use the price agreement contracts for purchases such as office supplies, furniture, stone, concrete, water treatment chemicals, etc. Contact the Purchasing Coordinator for a complete listing of the price agreement contracts or you may obtain a copy from the County’s Website. DO NOT use your delegated procurement authority to circumvent standard procurement policies and procedures or to fragment orders. DO NOT use delegated procurement authority to purchase items routinely needed throughout the year that will exceed $5,000 in total value or where annual contracts have been established for goods and services by the Purchasing Division. The County Administrator reserves the right to rescind delegated procurement authority if it is abused. Procedures for Using Delegated Procurement Authority In exercising delegated procurement authority, using Departments are responsible for obtaining full and open competition to the extent possible and practicable. The following have been established to ensure maximum competition and compliance with procurement laws, policies and procedures. Using Departments may exercise their discretion in complying with these following requirements: May appoint one (1) person to procure the required item(s). This person will write the specifications, solicit quotations and evaluate quotes received. Write clear and concise specifications, so that the vendor will have sufficient detail to quote the goods/services sought. Be certain the specifications will allow you to make an “apples-to-apples” comparison of the quotations received. Using Departments shall maintain a complete record of specifications, vendor contacts, price, payment terms, and delivery time for each procurement. A County requisition form to detail each purchase must be used. Determine those vendors qualified to quote on the item(s). Use your best judgment. Identify minority or women-owned vendors to include in the request for quotations; contact Purchasing if you should need this information. Obtain quotations from qualified vendors you have chosen. Quotations may be obtained either by phone, by fax, or in writing. When soliciting quotations, it is mandatory that all vendors be given the same specifications. When soliciting verbal quotations, it is important that you read the written specifications verbatim to each vendor. Identify a date when quotes are due and give each vendor the same due date. Evaluate all quotes received fairly and objectively, using an “applies-to-apples” comparison. All information regarding a vendor’s pricing, specifications, and delivery time shall remain confidential during the receipt and evaluation process. After the award, all information, not protected under the Freedom of Information Act (FOIA), becomes public information and shall be released to interested parties.   Auctioneering is unethical and shall not be practiced. Award the contract to the lowest responsive and responsible vendor. Small dollar items not exceeding $5,000 may be placed verbally. Upon delivery of the goods or completion of the service, approve and submit to Accounts Payable the original invoice and purchase order and/or payment voucher for payment. Procedures for Information Technology Hardware/Software Purchases The County uses an organized and structured approach to the procurement of Information Technology software, equipment and services to derive the greatest benefits from its information technology investments. Information Technology (IT) is the central body responsible for assuming computer system support, inter-operability and information security, and assigns IT responsibility and authority for managing the processes associated with the design, acquisition, installation, maintenance, security, and retirement of all County-owned computer systems; for developing and coordinating those processes with stakeholders; and for insuring the compatibility of department/multi-department business technology solutions. All purchases of information and communications technology related goods or services shall be reviewed and approved by IT prior to any procurement action, regardless of the funding source and including any potential procurements as sub-contracts to any equipment or services contracts issued by the County. This includes, but is not limited to, information and communications technology hardware, software, telecommunications equipment and services, wireless communications goods and services, data or telecommunications cabling, systems analysis, programming, applications development, system and network design, acquisition services, installation services, maintenance services, and information security goods or services. All software purchases with the exception of department maintained software, and all networking equipment and printers must be processed through Purchasing (i.e. wired or wireless hubs, switches, routers, gateways, NIC cards and all printers). ALL computer hardware, software and peripheral purchases (except as noted above) shall be processed through the Purchasing Department and preapproved by IT. Computer peripherals shall include any non-capitalized individually purchased device that connects to computer hardware or the network such as device interface boards, NIC cards, monitors, printers, scanners, plotters, PCMCIA cards, hubs, switches, and routers, etc. The Purchase Requisition Form is the official form to purchase goods and services. The purpose of a Requisition is to inform the Purchasing Division of the using Department’s needs, to identify in detail the goods and services required, to provide a written certification of the availability of funds, and the serve as a tracking mechanism. A properly completed Requisition enables the Purchasing Division to expedite the procurement request. Block 1 – Suggested Vendor: Enter the suggested vendors name, address, contact information including telephone #, fax #, etc. Block 2 – Department Requesting:   Requesting Department and Department Head Signature Block 3 – Organization/Object Code: Enter the budget account number the item is to be charged to. If the complete account code is not entered, the requisition will be returned to the using Department. If more than one department or object code exists per requisition, detail which item(s) should be charged to each code. Block 4 – Quantity Enter the desired quantity for each item. Block 5 – Part or Item #: Enter the Manufacturers Part or Item #. Block 6 – Description of Item: Enter a complete and detailed description of the goods/services. The description also referred to as specifications, is the most important part of the requisition. It is imperative that goods/services are accurately described where at all possible, as these detailed, definite specifications will be used for the purchases. When providing the description, please remember, the individual procuring the item/service may not be as familiar with the item/service as you are. Previous purchase orders and vendors are good sources to obtain product descriptions. Requisitions that have incomplete or unclear descriptions may be returned to the Using Department for additional information. Block 7 – Unit Price: Unit prices or estimates. Block 8 – Extended Price: Enter the extended price in this section. If the requisition is for a service, enter the total amount in this section. Block 9– Amount: Enter total amount being requested for goods or services. If funds are not appropriated, the departments should not submit a requisition. Requisitions received for non-budgeted items will be returned as it is the departments’ responsibility to monitor its budget activity. If a transfer of funds or redefinition of funds has been requested, wait until the Department of Budget & Finance approves funds then submit your requisition. Procurement Cycle In its General Public Purchasing course book, the National Institute of Governmental Purchasing, Inc. (NIGP) describes the general flow of a typical commodity from cradle (identification of the need) to grave (disposal of surplus). The diagram outlining this process is as follows:   The general duties and responsibilities of each County Department in the procurement cycle are described below: Using Department  Recognizes the need for goods/services  Ensures adequate funds are budgeted  Develops specifications for the goods/services  Submits a requisition to Purchasing Purchasing Division  Reviews specifications for completeness and accuracy  Determine the procurement method  Solicits quotations, bids or proposals and makes an award  Issues a Purchase Order or contract Using Department  Administers the contract, in which the duties include: - Processes timely payment; - Ensures contract performance by County and vendor; - Ensures vendor possesses required permits and licenses and complies - with required bonds and insurance requirements  Determines when an asset is no longer of use or value  Initiates the asset disposition General Services  Re-allocates or disposes of surplus, salvage or scrap   PROCUREMENT CYCLE Function Duty/Responsibility Requisition Cycle Using Department  Recognize the need for the goods or a service.  Requests funds through the County’s budget process.  Develops the specifications/scope of work for the goods/service. Specifications must accurately describe the Using Department’s need and may not be trade restrictive.  Certifies the availability of funds for either the goods or services to be procured and for any advertising cost and if the procurement is to be advertised. Notes the budget/funding codes on the requisition. Bidding Cycle Purchasing  Logs the requisition into current computer system.  Verifies the line item and availability of funds.  If funds are not available or the item was not appropriated, notifies the Using Department and returns the requisition.  Purchasing Coordinator reviews the requisition and the specifications/scope of work for accuracy, clarity, completeness, available recycled goods, or potential trade restrictions.  Buyer selects one of the six (6) methods of procurement as described in this policy and prepares the solicitation.  Buyer identifies minority and women owned vendors to be included in the solicitation.  Purchasing staff receives, date, and time stamps and logs all bids and proposals.  The Purchasing Coordinator assures the timely delivery of all bids and proposals. Bids are then opened and read aloud immediately after the acceptance date of the bid. A public opening is not required by law for proposals. If a public opening is held, only the names of the offerors are read.  Bids are then tabulated and Procurement Coordinator ensures compliance with specifications.  Purchasing Coordinator distributes proposals to the evaluation committee with instructions.  Purchasing Coordinator receives and tabulates quotations and ensures compliance with specifications.  Purchasing Coordinator reviews the results with the Using Department, when necessary, and makes an award  A purchase order/contract is prepared and mailed or sent electronically Contract Administrator Cycle Using Department  The Using Department’s designated Contract Administrator administers the Purchase Order/contract.  Using Department receives goods or services from the Vendor, processes a payment by submitting original invoice attached to the Purchase order to Budget & Finance/Accounts Payable in accordance with Vendor Payment Procedures contained in this policy. Payment Cycle Accounts Payable  Processes payment from original invoice; authorizes payment; and mails check to the vendor.   Disposal Cycle Using Department  At the end of a goods useful life, the Using Department initiates disposal of the good in accordance with the County’s Asset Disposition Policy contained in this policy. Purchasing  Administers the disposition of County assets. Six Methods of Procurement Upon receipt of a requisition, the Purchasing staff selects the procurement method which best satisfies the Using Department’s needs and complies with all legal mandates. Six standard methods of procurement are used: 1. Small Purchases:  This process involves the procurement of goods and/or services under $50,000.  The solicitation methods used for small purchases are verbal (telephone) or written Request for Quotations and Internal Pricing. Internal Pricing is the procurement from existing price agreement contracts or State Contracts.  The Purchasing Division or the Departments delegated representative solicits, receives, evaluates, and awards informal bids.  A contract is awarded to the lowest responsive and responsible bidder, as defined in the Glossary section of this policy.  All purchases, other than those by Internal Pricing, made under the small purchases policy must comply with the requirements set forth for including minority or women owned vendors in the solicitation process. 2. Competitive Sealed Bids:  Purchasing Division solicits competitive sealed bids (formal sealed bids) for goods and/or services with a dollar value of $50,000 or more. Formal sealed bids are solicited using a written Invitation to Bid.  A notice of the Invitation to Bid is posted in the Purchasing Division’s Bid Board, County website, with eVa, and at the buyer’s discretion, may also be published in a newspaper of general circulation, at least ten (10) calendar days prior to the bid closing date.  The bidders list developed by the Purchasing Coordinator shall include at least three (3) minority or woman owned businesses that are included on the list found on the website www.dmbe.virginia.gov unless the list contains less than three. Purchasing shall also review vendor lists from other sites to identify additional minority or woman owned firms that may be included.    Vendors may deliver their bids to the Purchasing Division. All bids shall be received and time stamped in the Purchasing Division on or before the closing date and time stated in the Invitation to Bid. Bids received after the closing date and time will not be considered and shall be returned unopened to the vendor.  Envelopes/packages containing bids must be sealed and clearly state on the outside of the envelopes/package the company name, bid number, and closing date and time.  Formal bids are opened at the closing date, time and place stated on the Invitation to Bid. This session is open to the public. The Purchasing Coordinator or designated representative shall read each bidder’s name, prices, if addendums are acknowledged and if a bid bond is required that is enclosed. No decision of award or rejection will be made during the bid opening.  Formal sealed bids are evaluated, and a “Notice of Intent to Award” indicating the vendor selected and their pricing is posted on the Purchasing Division Bid Board and on the County’s website for a period of ten (10) days. The award is made by the Purchasing Coordinator or designated representative. 3. Competitive Negotiations:  Services or insurance may be procured by competitive negotiations upon a written determination by Purchasing that competitive sealed bidding is neither practicable nor fiscally advantageous [VPPA, §2.2-4303(C)].  Services procured through competitive negotiations fall into two (2) categories: (1) Professional Services and (2) Other Than Professional Services. Professional Services. All professional services expected to exceed $50,000 shall be procured through competitive negotiations [VPPA, §2.2-4301(3) (a)]. Professional services include work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy or professional engineering, [VPPA, §2.2-4301]. Other Than Professional Services. Competitive negotiations for other than professional services are solicited by a Request for Proposal (RFP) [VPPA, §2.2-4301(3) (b)] when the estimated cost of services are expected to exceed $50,000. RFPs are posted on the Purchasing Division Bid Board, County’s website, with eVa and shall be published in a newspaper of general circulation, at least ten (10) calendar days prior to the closing date.  Vendors may deliver their proposals to the Purchasing Division. However, all proposals shall be received and time stamped in the Purchasing Division on or before the date and time stated in the RFP. Proposals received after the closing date and time will not be considered and shall be returned unopened to the vendor.  Envelopes/packages containing proposals must be sealed and clearly state on the outside   of the envelope/package the company name, RFP number and closing date and time.  Public openings of proposals are not required. If there is a public opening, the only information read is the name of individual or the name of the firm submitting the proposal.  Proposals received will be reviewed, evaluated and ranked. Competitive negotiations may then be conducted with the firm(s) that submitted the most acceptable proposal(s).  During the evaluation phase it may be determined by the evaluation panel that only one offeror is fully qualified, or that one offeror is CLEARLY more highly qualified than the others under consideration. A written determination shall be prepared and retained in the contract file to document the meaningful and convincing facts supporting the decision for selecting only one offeror and negotiating with that offeror. The determination shall be signed by the Department head or designee.  Price is not the sole determining factor in selecting the successful offeror. Other criteria (such as offeror’s experience, capability and skills, and actual services to be provided) are evaluated.  A contract will be awarded to the offeror, who in the County’s opinion submitted the best proposal. [VPPA, §2.2-4301, Competitive Negotiations]. 4. Sole Source: “Upon a determination in writing that there is only one source practicably available for that which is procured, a contract may be negotiated and awarded to that source without competitive sealed bidding or competitive negotiation”. [VPPA, §2.2-4303(E)]. 5. Emergency Purchases: An emergency is a situation in which (1) an immediate threat to the public health, safety or welfare is involved; (2) or immediate action is required to protect or preserve public properties without delay. 6. Cooperative Procurement: Except for contracts for architectural and engineering services, a public body may purchase from another public body’s contract even if it did not participate in the request for proposal or invitation to bid, if the request for proposal or invitation to bid specified that the procurement was being conducted on behalf of other public bodies. [VPPA, §2.2-4304] The six methods of procurement, their respective dollar limits, and procedural requirements are further detailed in the following chart. Buyers, or individuals with delegated procurement authority, may use their discretion in obtaining as full and open competition as is possible and practicable.   Six Methods of Procurement Limits Procedures 1. Small Purchase Procedures – For Goods and Services $0 - $5,000  Using Departments have the authority to purchase goods or services up to $5,000 in accordance with the provisions of the Delegation of Procurement Authority section of this policy. Departments are encouraged to seek out minority or woman owned businesses for these transactions.  Departments must obtain a minimum of one (1) written or telephone quote. Check if available under an annual contract. $5,000 - $50,000  Using Department submits to Purchasing a requisition for purchases exceeding $5,000, unless Purchasing has granted the Using Department additional procurement authority in writing.  Using Department or Purchasing solicits either by mail, fax or electronically written quotations, from a minimum of four (4)) sources. Buyers are encouraged to seek out a minimum of two (2) minority or woman owned businesses for these transactions if available. 2. Formal Sealed Bids > $50,000  Using Department submits a Scope of Work to Purchasing, attaching a clear definition of the scope of the work and contract specifications.  Purchasing will solicit competitive sealed bids, as required by VPPA, §2.2-4303 by issuing an Invitation for Bid and include minority and woman owned businesses. 3. Competitive Negotiations (Request for Proposals) > $50,000 Professional Services -  (Accounting, architecture, land surveying, dentistry, medicine, optometry or professional engineering as defined in VPPA, §2.2-4301(3) (a), Competitive Negotiations, expected to exceed $50,000, shall be procured by a Request for Proposal (RFP). Using Department submits requirements to Purchasing. Non-Professional Services (all other services not listed under professional services)  Using Department submits to Purchasing the requirements for the services needed, along with a written determination made in advance that competitive sealed bidding is either not practicable or not fiscally advantageous to the public. This document must be signed by the department director or his/her designee and retained in the RFP file.  Purchasing solicits sealed Request for Proposals.   Six Methods of Procurement Limits Procedures 3. Competitive Negotiations (Request for Proposals) $5,000 – $50,000 For Non- Professional Services ($5,000 to $50,000)  Using Department submits to Purchasing a requisition for goods or services exceeding $5,000. The Using Department shall also submit to Purchasing in writing a determination made in advance that competitive sealed bidding is either not practicable or not fiscally advantageous to the public. This document must be signed by the department head or his/her designee and retained in the file.  Using Department or Buyer solicits either by mail, fax or electronically, written Request for Proposals from a minimum of four (4)) sources. Using Departments and Buyers are encouraged to seek out a minimum of two (2) minority or woman owned businesses for these transactions if available. 4. Sole Source Procurements $0 - $5,000  Using Department procures the goods/services from the sole source vendor and documents the basis for sole source. $5,000 - $50,000  Using Department submits a requisition to Purchasing and attaches to the requisition the following: - Detailed specifications for the product or services to be purchased from a sole source vendor: - All research conducted by the department which justifies sole source; - A written recommendation to Purchasing that the goods or services are to be procured from a sole source; - Any other supporting documentation, suitable to defend the sole source selection in a court of law; and  The Buyer will negotiate the contract price and terms with the sole source vendor and prepare a purchase order for signature by the Purchasing Coordinator or designee. 5. Emergency Purchases None Emergency during normal working hours:  Purchasing Coordinator has authority to secure, by the most reasonable means available, at lowest obtainable price, any supplies or contractual services, regardless of the amount.  Purchasing Coordinator shall file a full report of the circumstances of the emergency with the purchase order. Emergency not within normal working hours:  Purchasing Coordinator may authorize a department director to purchase directly supplies or services.  Department head shall file with the Purchasing Coordinator a requisition and copy of the delivery record, together with a written report of the circumstances of the emergency.   5. Emergency Purchases None In all cases of emergency:  The Using Department shall submit a written report to the Purchasing Coordinator, signed by the department head, detailing the aspects of the emergency. The written report shall be accompanied by a requisition.  The Purchasing Coordinator shall solicit pricing in a manner consistent with the emergency and issue a confirming purchase order. Where feasible and practicable, minority and woman owned businesses shall be contacted to assist in resolving the emergency situation. 6. Cooperative Procurement None  Except for contracts for architectural and engineering services, a public body may purchase from another public body’s contract even if it did not participate in the request for proposal or invitation to bid, if the request for proposal or invitation to bid specified that the procurement was being conducted on behalf of other public bodies. [VPPA, §2.2-4304] Dollar Limits Wherever a dollar limit is referenced in this policy, it applies to: (1) The total amount to be purchased: Example: A purchase of ten (10) chairs, costing $550 each ($5,500 total), exceeds the Using Department’s $5,000 procurement authority and a requisition must be sent to Purchasing. (2) The total amount to be expended over the initial contract term: Example: A three-year contract for maintenance services, which will cost $20,000 per year or a total of $60,000 over the initial contract term, must be solicited using a competitive sealed bid, because it exceeds $50,000. Request for Proposal Guidelines Outlined below are the steps followed in the Request for Proposal (RFP) process for nonprofessional services, including the duties and responsibilities of County Departments. They are intended as a general guideline. Actual steps may vary with each RFP. County and State procurement laws and Purchasing Division procedures shall take precedence.   Request for Proposal (RFP) Guidelines Function Duties/Responsibility Requisition Cycle Using Department  Identify the needs and estimate the total contract cost  Ensure funds are available for: (1) advertising; and (2) the cost of the contract  Define the RFP specifications: - Purpose - Background - Scope of Work, including specific terms and conditions - Elements of the preparation guidelines for Offeror’s proposals  Prepare requisition  Ensure proper authority signs requisition  Forward requisition, with detailed specifications attached, to Purchasing Bidding Cycle Purchasing  Verify funds are available  Draft the RFP: - General Terms and Conditions; and - Identify the evaluation criteria  Select an Evaluation Committee with the help of the Using Department  Determine advertising methods and advertise the RFP  Solicit RFP Bidding Cycle  Facilitate the RFP process: Pre-Proposal Conference may be held. The pre-proposal conference gives prospective offerors an opportunity to ask questions and clarify details in the RFP. This step is considered value-added. Information provided at the pre-proposal conference will help offerors better understand the project and, as a result, submit their best proposals. RFP Closing Date and Time – A closing date and time is set by Purchasing and a proposal opening, similar to bids, is conducted. However, only the names of the offerors who submit proposals are read aloud. Initial Proposal Review – The Procurement Coordinator reviews all proposals received to determine whether the offeror responded to the requirements of the RFP. Responsive proposals are forwarded by Purchasing to the Evaluation Committee for the next cycle. Ranking/Short Listing Session(s) – The Evaluation Committee independently scores each proposal and later meets to discuss the scores and to identify a “short- list” of those offerors with whom the County will negotiate.   Request for Proposal (RFP) Guidelines Function Duties/Responsibility Bidding Cycle During the evaluation phase it may be determined by the Evaluation Committee that only one offeror is fully qualified, or that one offeror is CLEARLY more highly qualified than the others under consideration. A written determination shall be prepared and retained in the contract file to document the meaningful and convincing facts supporting the decision for selecting only one offeror and negotiating with that offeror. The determination shall be signed by the Department head or designee. Negotiation Session(s) – Negotiations are then conducted with two (2) or more short-listed offerors. During negotiations, the contract requirements, terms, conditions, and price are negotiated to arrive at each offeror’s “best and final offer”. Award Meeting(s) – Upon completion of negotiations, the evaluation committee meets to select the offeror who submitted the best proposal. Purchasing Division shall: Maintain the County’s official RFP file Forward the RFP evaluation package to the evaluation committee containing:  Register of all proposals received;  A copy of each proposal received;  Evaluation Matrix to be used for scoring each proposal; and  A copy of the Ethics in Public Contracting sections from the VPPA. Retains copies of the documents supporting the review, selection, and award processes. Award a contract to the offeror with the most qualified proposal. Review Cycle Evaluation Committee Committee Members – The evaluation committee usually consists of a minimum of one procurement professional and one member from the Using Department. Other committee members may include individuals who have experience in similar projects or RFPs. Duties – The evaluation committee will: Assist in drafting the RFP and/or approve the RFP Scope of Work; Attend the pre-proposal conference and proposal opening; Evaluate and rank proposals received; Attend the short-list session; Develop negotiation questions and/or strategies;   Request for Proposal (RFP) Guidelines Function Duties/Responsibility Review Cycle Evaluation Committee Participate in offeror interviews and contract negotiations; Perform post-negotiation ranking; and Recommend the best or most advantageous proposal. Ethics – Each committee member is bound, at all times during the procurement process to the Ethics in Public Contracting provisions of VPPA, §2.2-4367, et seq. A committee member who is not in compliance with the ethics requirements shall be removed from the committee. The committee member shall not divulge any information gained from participation on the committee until after a contract is awarded.  Confidentiality – All documents and correspondence (verbal or written) pertaining to the RFP shall remain confidential until after a contract is awarded. Administration Cycle Contract Administrator  The Contract Administrator is responsible for administering the contract during the initial term and any extensions. Authority to Sign Contracts Who has authority to sign contracts? The County Administrator, as the Purchasing Agent for the County, has the authority to award contracts for the procurement of goods and services. Using Departments are not authorized to sign contracts. If a vendor asks you to sign a contract, please contact Purchasing. Types of Contracts: 1. Purchase Order – The simplest contract form and is executed by the Purchasing Coordinator or designee. A purchase order is issued for the majority of requisitions received by Purchasing. 2. Contractor’s Standard Contract – Is usually developed by professional associations or by the Purchasing Division. If a pre-printed contract is submitted to you for signature, notify Purchasing. Use of vendor’s standard contract should be avoided whenever possible. 3. Formal Contract – Consolidates all of the terms and conditions of the RFP or Bid into a contract document, which is approved as to content by the Using Department, approved by Finance as to availability of funds, reviewed by the County Attorney’s Office as to legal sufficiency, and signed by both the County Administrator and the successful vendor. Upon selection of the successful vendor, the Purchasing Division is responsible for drafting the formal contract document, with the assistance of the County Attorney’s office.   Fragmenting Orders What is fragmenting orders? Delegated procurement authority is based on the requisition total (not the unit cost). For example, if your Department’s procurement authority is $5000 you must submit a requisition whenever the total purchase is greater than $5,000. Splitting an order so that the total cost is within your spending authority is referred to as fragmenting. Example: Your Department’s procurement authority is $5,000. You plan to purchase five (5) office chairs at a cost of $1005 each. A requisition must be sent to Purchase because the total purchase is $5025. To split the purchase and ask the vendor to bill you for each chair separately is fragmenting and is a violation of the County’s procurement procedures. The County Administrator, as the Purchasing Agent for the County, reserves the right to rescind a Using Department’s delegated procurement authority should fragmenting occur. Price Agreement Contracts Price agreement contracts are used by Purchasing to consolidate County purchases. Combining quantities and buying over a fixed contract term guarantees the County the highest quality product at the lowest competitive price. Examples of commodities purchased through price agreement contracts include office supplies, tires, safety supplies, concrete, stone, etc. There are several rules that Using Departments must follow with respect to the use of price agreement contracts. Using Department may not purchase the item contained in price agreement contracts from any other source during the term of the contract unless approved by the Purchasing Coordinator. If the Invitation to Bid for these items did not state the procurement was “exclusive” other prices may be obtained. Unless otherwise authorized by Purchasing, a requisition must be submitted to Purchasing for any purchases from price agreement contracts. Purchase Order Upon bid award, Purchasing Division issues a purchase order and sends a copy to the using Department. The purchase order is a legal contract that binds the County and the vendor. Neither the vendor nor the using Department is authorized to alter terms and conditions of a contract without the Purchasing Division’s approval. Contract Administrator Duties After a purchase order is issued by the Purchasing Division, the using Department’s contract administrator is responsible for administering the contract during the initial contract term and any extension. The contract administrator shall, among other things: Ensure the vendor complies with each of the contract terms and conditions; Obtain Purchasing’s approval, via a change order, for ALL changes or modifications to the contract, in particular those changes which affect price, performance, time frames or scope of the work to be performed; Ensure the vendor complies with all insurance, bonding, and licensing requirements;   Ensures the County receives the goods or services for which it contracted; Submit the vendor’s original invoice along with a purchase order to Accounts Payable; Complete a “Capital Asset Inventory System-Add Document” for all purchases of capital items. (Appendix C). Submit the form to Department of Budget & Finance; Ensure the vendor receives timely and accurate payment(s); Document each occurrence of vendor nonperformance and contact Purchasing when vendor is in default of the contract; Ensure funds are encumbered each fiscal year, should the contract extend beyond one (1) fiscal year; and Evaluate the contract for renewal at least three (3) months in advance of the contract expiration date. If the contract is to be renewed, submit a requisition requesting renewal to Purchasing. If it will not be renewed and a new contract will be solicited, submit a requisition, attaching proposed changes to the contract. Approximately three (3) months is needed to draft, solicit, and execute a new contract. Change Orders A change order is used to modify a contract whenever a change in the contract will affect price, performance, contract term, delivery, or the scope of the work of the contract. Change orders should be the exception, rather than the rule. There is a limit on the cumulative dollar amount. A public contract may include provisions for modifications of the contract during performance. Fixed contracts may not be increased by more than twenty-five percent (25%) of the amount of the contract or $50,000, whichever is greater without prior approval of County Board of Supervisors. [VPPA, §2.2-4309]. Change Order Guidelines The County Administrator may authorize contract modifications up to an increase of twenty-five percent so long as funds have been appropriated by the Board of Supervisors. Proposed modifications to any contract which would result in an increase of more than twenty- five percent shall have prior approval of the County Board of Supervisors. A copy of each change order shall be forwarded to the Director of Budget & Finance to determine availability of funding and to the Purchasing Coordinator and County Administrator. PROJECT COSTS CHANGES 0%-25% County Administrator 25% - or $50,000 County Board of Supervisors *A written detail report is required with all change orders. Any construction project has potential changes particularly underground projects and this is not in any way designed to delay the construction process but keep all parties informed as to why the need for changes. The written report by the Project Administrator is sent to the Purchasing Coordinator who will in turn forward it to the County Administrator, Director of Budget & Finance, Project Administrator and Department Director.   Procedures to obtain a change order: Using Department ensures that sufficient funds to cover the change order are budgeted in the appropriate budget account(s). Using Department submits change order form to the Purchasing Division. Detail on the form the exact change to be made, original contract amount, the amount and description of the contract change, and any changes to the time for completion of the original contract. The Purchasing Division reviews the request, and if approved, issues a formal change order via a purchase order. Purchasing submits a copy of the change order (Purchase Order) to the department and vendor. Personal Liability: County employees may be subject to personnel discipline up to and including termination for any contract change not authorized by a change order issued by the Purchasing Division. Capital Projects A purchase order is required for ALL Capital Project procurements where the value of the purchase is greater than $5,000. Using Departments are required to submit a requisition to Purchasing for these goods and services procured with Capital funds. Capital Assets Using Departments must submit a purchase requisition to the Purchasing Division for ALL new or replacement capital assets. An Asset Disposition Form must be properly completed and attached to the requisition for any replacement asset which is funded through the Replacement Capital Outlay budget accounts and the unit price exceeds $5,000. The capitalized minimum for assets in the County is $5,000. Ensuring the Asset Disposition Form is attached to the requisition will avoid unnecessary delays to processing your procurement request. The Department of General Services will prepare the Asset Disposition Form for all automotive units and rolling stock. Travel and Training Requisitions are not required for travel and training reimbursement for conferences, seminars, etc. Refer to County Travel Policy. Lease Bidding Procedures The County’s standard competitive sealed bid procedures, as outlined in this policy, will be used for leases of County property and in accordance with Section 15.2-1800 et seq. of the Code of Virginia, 1950, as amended. Procurement Training The Purchasing Division will offer periodic training upon request.   Ethics The ethical responsibility of County employees and agents of the County having official responsibility for a procurement transaction are set out in VPPA, §2.2-4367, et seq, Ethics in Public Contracting. Official responsibility is any administrative or operating authority, whether immediate or final, to initiate, approve, disapprove, or otherwise affect a procurement transaction, or any claim resulting there from. Procurement transaction is defined as all functions that pertain to the obtaining of any goods, services, or construction, including:  Description of requirements;  Selection and solicitation of vendors or sources;  Preparation and award of the contract, and  All phases of contract administration. In summary, no County employee having official responsibility for a procurement transaction shall participate in that transaction on behalf of the County when the employee knows that: 1. The employee is contemporaneously employed by a bidder, offeror or contractor involved in the procurement transaction; 2. The employee, the employee’s partner, or any member of the employee’s immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest of more than five percent (5%); 3. The employee, the employee’s partner, or any member of the employee’s immediate family has a pecuniary interest arising from the procurement transaction; or 4. The employee, the employee’s partner, or any member of the employee’s immediate family is in negotiation, or has an arrangement concerning, prospective employment with a bidder, offeror or contractor. (VPPA, §2.2-4369). In addition to the VPPA, the Ethics in Public Contracting, any employees of the Purchasing Division are held strictly to the high ethical standards of the National Institute of Governmental Purchasing, Inc. (NIGP) Code of Ethics. Auctions – Vehicles and Equipment The Department of General Services is tasked with the responsibility for the centralized control and disposal of excess, obsolete and salvageable materials and equipment. The County of Isle of Wight utilizes an on-line auction site, www.publicsurplus.com, to sell surplus vehicles/equipment. E-auctions on this site are held throughout the year, as deemed necessary.   PROCUREMENT GUIDE FOR BUSINESSES Office Hours County business hours are from 8:30 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. NOTE: Should the COUNTY OF ISLE OF WIGHT close due to inclement weather, etc., on a date that a Bid/RFP is due to close, then those Bids/RFPs will open on the next “full” business day (8:30 a.m. to 5:00 p.m.) Sales Visits The Purchasing Division acts as a liaison between suppliers and County Departments. Sales representatives are a valuable resource for obtaining specifications and information on product advancements. The County values their visits; staff is available to discuss their ideas and concerns. However, sales representatives should call for an appointment to ensure the buyer familiar with their product category is available. Posting Bids The Purchasing Division seeks maximum competition. In achieving this goal, the County publicizes outstanding Bids and RFPs as follows: 1. Posted on the Bid Board outside of the Purchasing Division, 17090 Monument Circle, Suite 137, Isle of Wight, Virginia 23397 2. Posted on the County Internet; www.iwus.net 3. Posted on eVa. 4. Advertised in newspapers having general circulation, at the discretion of the buyer; and 5. Solicitation packages are available from the Purchasing Division office. Bidders List The Purchasing Division maintains a list of prospective bidders categorized by class and type of commodity. To be placed on the bidders list, a vendor must complete and return a bidders application form. Vendors may obtain a copy of the application from Purchasing; forms are also located on the County’s website. (www.iwus.net) eVa maintains a prospective bidders list, as well, based on the NIGP commodity classification codes. It is the vendor’s responsibility to keep their applications current by notifying the Purchasing Department when changes occur regarding the products or services offered, address, ownership, or status as bidder. Placement on the bidders list does not guarantee receipt of a Request for Quotation (RFQ), Invitation for Bid (IFB), or Request for Proposal (RFP). It is the vendor’s responsibility to check the bid notices posted by the Purchasing Division. However, if a vendor is registered with eVa,   this will guarantee a notice of all Invitation to Bids and Requests for Proposals within their commodity category. Bidders may be removed from the bidders list if they do not respond to solicitations. However, a bidder may be retained on the bidders list by simply responding with a “No Bid” if they are interested in bidding on the item(s) in the future. The County reserves the right to validate and update the bidder’s lists from time to time, which may require the bidder to renew the bidder’s application which is on file. Debarment It may be in the County’s best interest to debar a contractor for any of the causes in subsection (1) of this section, using the procedures in subsection (2). The existence of a cause for debarment under subsection (1), however, does not necessarily require that the contractor by debarred; the seriousness of the contractor’s acts or omissions and any mitigating factors should be considered in making any debarment decision. (1) The basis for removal includes, but is not limited to: (a) Conviction of or civil judgment for: i. Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public contract or subcontract; ii. Violation of federal or state antitrust statues relating to the submission of offers; iii. Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; or iv. Commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a government contract or subcontractor. (b) Violation of the terms of a government contract or subcontract so serious as to justify debarment, such as willful failure to perform in accordance with the terms of one or more contracts or a history of failure to perform, or of unsatisfactory performance of, one or more contracts. (c) Any other cause of so serious or compelling a nature that it affects the present responsibility of a government contractor or subcontractor. (2) Procedures: Debarment shall be initiated by the County, who shall advise the contractor and any specifically named affiliated in writing, certified mail, return receipt requested: (a) That debarment is being considered; (b) Of the reasons for the proposed debarment in terms sufficient to put the contractor on notice of the conduct or transaction upon which it is based; (c) Of the causes relied upon under subsection (1);   (d) That within ten (10) days after receipt of the notice, the contractor may submit to the County, in person, in writing or through a representative, information and argument in opposition to the proposed debarment, including any additional information that raises a genuine dispute over the material fact; and (e) If suspension is in effect, no contracts will be awarded to the contractor pending a debarment decision. In any action in which the proposed debarment is not based upon conviction or civil judgment, the cause for debarment must be established by a preponderance of the evidence. Debarment shall be a period commensurate with the seriousness of the cause. Generally, a debarment should not exceed three (3) years. If suspension precedes a debarment, the suspension period shall be considered in determining the debarment period. (3) Decision to debar. The County Administrator, upon recommendation of the Purchasing Coordinator shall make the final decision to debar. The written decision shall state the reasons for the action taken. Brand Names or Alternates Unless otherwise stated in the Invitation to Bid or Request for Quotations, the name of certain brands, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named. Specifications of a brand name convey the general style, type, character, and quality of the article desired. Any article, which the County, at its sole discretion, determines to be an equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. [VPPA, §2.2-4316]. The decision to approve an alternate shall be made by the Purchasing Coordinator after consultation with the Using Department. Written comments from prospective bidders (vendors) concerning the specifications or alternates may be accepted by the Purchasing Coordinator for consideration if submitted at least ten (10) days prior to the date set for receipt of bids. Errors in Submitting Bids If any error is detected prior to the bid closing date or the proposal opening date, the vendor may retrieve the bid or proposal from the Purchasing Division. The error may be corrected by drawing a single line through the mistake, making the correction, and initialing it in ink. The vendor must resubmit the bid or proposal and ensure it is time stamped before the specified closing/opening date and time. The legal requirements for withdrawal of bid due to error after the bid opening are set forth in VPPA, §2.2-4330. Taxes in Arrears No bid or proposal will be accepted from or Contract awarded to any person, firm or corporation that is in arrears, or is in default to the County upon any debt or Contract, or that is a defaulter as surety or otherwise upon any obligation to the County. License Requirement All firms doing business in the County of Isle of Wight are required to be licensed in accordance with the County of Isle of Wight business license ordinance.   Wholesale and retail merchants without a business location in the County of Isle of Wight are exempt from this requirement. Any questions concerning business licenses should be directed to the Commissioner of the Revenue’s Office, telephone (757) 365-6222. The County of Isle of Wight will not enter into a contract or extend any renewal period to any person, firm or corporation that is in arrears or in default to the County for taxes or other charges prior to the award of any contract or renewal period. Contract Award Contracts shall be awarded to the lowest responsive and responsible bidder. A responsive bidder is defined as one who has submitted a bid which conforms in all the material respects to the Invitation to Bid. A responsible bidder is defined as one who has the capability, in all respects, to perform fully the contract requirements, and the moral and business integrity and reliability which will ensure good-faith performance. (See VPPA, §2.2-4301). All notices of award or intent to award for all Invitations to Bid and Requests for Proposals will be publicly posted for inspection on the County’s Bid Board at the following location and on the County’s website: Department of Budget & Finance/Purchasing Division 17090 Monument Circle, Suite 137 Isle of Wight, Virginia 23397 County’s website: www.co.isle-of-wight.va.us The Purchasing Agent reserves the right to award a contract based on the overall low total or the split low total bid, whichever is in the best interest of the County. Notification of Successful Vendor Successful vendors are notified by Notice of Intent to Award followed by receipt of a signed purchase order or by any other contractual agreement indicating bid award. Bid Tabulation What is a bid tabulation? A bid tabulation summarizes, in matrix format, the names of the bidders who submitted a bid, the quantity, unit cost, and extended cost for each item bid or services, and the total bid price quoted. When is the bid tabulation prepared? The bid tabulation is prepared after the bid closing date and time. How does a bidder obtain a copy? Bidders may obtain a bid tabulation by including with their bid a self-addressed, stamped envelope clearly marked with a request for the bid tabulation. Or after the bid award, a bidder may request a copy of the bid tabulation by telephone at which point the bid tabulation will be faxed or e- mailed.   Public Inspection of Records VPPA, §2.2-4342 states that all proceedings, records, contracts and other public records relating to procurement transactions shall be open to inspection by any interested person, firm, or corporation in accordance with the Virginia Freedom of Information Act (§2.2-3700 et seq). Cost estimates prepared by the County relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspections. Each bidder of record for a competitive sealed bid (Invitation to Bid) shall be afforded an opportunity, upon written request, to inspect bid records within a reasonable time after the bid opening. In the event the public body decides not to accept any of the bids and reopen the contract, bidding information will not be released. The bid records shall be open to public inspection only after a contract is awarded. Upon request, each offeror of record for a competitive negotiation (RFP) shall be afforded an opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposal are completed, but prior to award, except in the event the County decides not to accept any of the proposals and to re-solicit the contract. Otherwise, RFP records shall be open to public inspection only after a contract is awarded. Trade secrets or proprietary information submitted by a bidder or offeror in connection with the procurement are not subject to public disclosure under the Virginia Freedom of Information Act (FOIA). However, the bidder or offeror shall invoke the protections of this section prior to or upon submission of the data or other materials, and must identify clearly the data or other materials to be protected and stated in writing the reasons why protection is necessary. Inspection of records must be requested thru the Department of Budget & Finance, P. O. Box 80, Isle of Wight, Virginia 23397. Tax Exempt The County of Isle of Wight is a political subdivision of the Commonwealth of Virginia. As such, vendors shall not include state, local and federal taxes in any prices quoted to the County. A tax exemption certificate will be furnished upon request. Invoices In order to receive payment for goods or services furnished to the County, the vendor shall submit an “original” invoice to the Using Department at the invoice address shown on the purchase order. The vendor’s original invoice or authorized copy shall detail the following: The vendor’s invoice number; The County’s purchase order number; A complete description of the goods or services furnished, including quantities, unit prices and extensions, the discount terms, and   The name of the Using Department to whom the shipment was made. Vendor Payment After delivery, acceptance of the goods or services, and receipt of an “original” invoice, the Using Department will authorize payment. Accounts Payable issues a payment check to the vendor. Vendors should direct questions concerning payment to the invoiced Using Department. Vendor Protest Procedure (A) Legal Action. Any bidder or offeror who desires to protest the award or decision to award a contract shall submit such protest in writing to the public body, or an official designated by the public body, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit such protest in the same manner no later than ten (10) days after posting or publication of the notice of such contract as provided in Va. Code Sect. 2.2.-4360. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The public body or designated official shall issue a decision in writing within ten (10) days stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeal within ten (10) days of the written decision by instituting legal action. Nothing in this subsection shall be construed to permit a bidder to challenge the validity of the terms or conditions of the Invitation to Bid or Request for Proposal. [VPPA, §2.2-4360] In addition, nothing in these Vendor Protest Procedures shall be construed to prevent the County from instituting legal action against a bidder or offeror. (B) Effect of Appeal Upon the Contract. Pending final determination of a protest or appeal, the validity of a contract awarded and accepted in good faith in accordance with this section shall not be affected by the fact that a protest or appeal has been filed. [VPPA 2.2-4361] (C) Stay of Award During Protest. An award need not be delayed for the period allowed a bidder or offeror to protest. But, in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire. [VPPA 2.2-4362] (D) Cancellation of Award and Relief. (1) If, prior to an award (receipt by successful contractor of a signed purchase order or contract), it is determined that the decision to award is arbitrary and capricious, then   the protesting party’s sole (2) relief shall be a finding to that effect. The Purchasing Agent shall cancel the proposed award or revise it to comply with the law. [VPPA 2.2-4360 (B)] (3) If, after an award, it is determined that an award was arbitrary or capricious, then the protesting party’s sole relief shall be as hereinafter provided. Where the award has been made and performance has not begun, the performance of the contract may be enjoined. Where the award has been made and performance has begun, the Purchasing Agent may declare the purchase order or contract void upon a finding that this action is declared void; the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits. [VPPA 2.2-4360 (B)] Bond Requirements What is a bond? A bond is a written instrument, issued by a surety, guaranteeing faithful performance by the contractor. Why require bonding? Bonds reduce the County’s financial risk in the event a contractor fails to perform or defaults on a contract. The bonds transfer the risk of a contractor’s default to a third party – the surety company who issues the bond. What are the different types of bonds? Five (5) types of bonds are frequently used in contracts to procure goods and services: 1. Bid Bond guarantees that the bidder will enter into a contract if selected as the lowest responsive and responsible bidder. If a bidder does not accept the award, the bid bond is forfeited. VPPA, §2.2-4336(A)(1) requires that, except in cases of emergency, all bids or proposals for construction contracts in excess of $100,000 be accompanied by a bid bond. The amount of the bid bond shall not exceed five percent (5%) of the total contract. Bidder shall submit the bid bond with their bid. If the bid bond is not submitted with the bid, the Bidder is non-responsive. 2. Performance Bond guarantees that a contractor will perform the contract in accordance with the contract terms. The surety who issues the bond may either complete the contract or pay damages up to the bond limit. This bond is used most frequently in construction contracts. VPPA, §2.2-4337(A) requires a performance bond in the sum of the contract amount for all public construction contracts exceeding $100,000. 3. Contract Bond, similar to a performance bond, guarantees the contractor will perform pursuant to the terms and conditions of the contract. While performance bonds are   used primarily for construction projects, contract bonds are used for service contracts such as microcomputer purchases, grass-cutting services, software systems & installation services, and computer programming services. 4. Payment Bond guarantees the contractor will pay all suppliers and subcontractors who assist in the performance of the work. VPPA, §2.2-4337(A) requires a payment bond in the sum of the contract for any construction contract exceeding $100,000. 5. Fidelity Bond is similar to an insurance policy and guarantees against losses that may result from proven acts of dishonesty on the part of the contractor’s employees. Fidelity bonds are often required in service contracts when the contractor’s employees will handle cash or are exposed to opportunities for theft. When should a bond be required? As indicated, bonds protect the County against risk. A bond should be required whenever a contractor’s default exposes the County to financial liability. How much should the bond amount be? Except as required by law, the bond amount depends on an assessment of the County’s financial risk, the estimated contract value, the importance of the service to be performed, and whether service disruption would be detrimental to the County. For example, the County’s risk may only be 10% or 15% of the contract amount. To require a bond for 100% of the contract amount may be arbitrary and capricious. The Purchasing Division works closely with the Risk Management Division to identify the type and amount of bonds appropriate for each procurement contract. Equal Opportunity VPPA, §2.2-4301 requires that County contracts be awarded to the lowest responsible and responsive bidder as defined in the Glossary of this policy. Employment Discrimination Prohibited: VPPA, §2.2-4311 prohibits employment discrimination by contractors hired by the County and requires that every County contract over ten thousand dollars ($10,000) include the language to this effect. 1. During the performance of this contract, the contractor agrees as follows: a. The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, service disabled veterans or other basis prohibited by state law relating to discrimination in employment, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b. The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer.   c. Notices, advertisements and solicitations placed in accordance with federal law, rules or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. 2. The contractor will include the provisions of the forgoing 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 CONTRACT TERMS AND CONDITIONS The resulting contract with the successful bidder will be subject to the following terms and conditions: Insurance Contractor shall purchase and maintain the following insurance coverage: a. Workers Compensation As statutorily required by the Commonwealth of Virginia. Employers Liability, $1,000,000. b. Commercial General Liability Minimum Limits General Liability: $1,000,000 General Aggregate Limit $1,000,000 Products & Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence Limit $ 50,000 Fire Damage Limit $ 5,000 Medical Expense Limit c. Auto Liability insurance Coverage sufficient to cover all vehicles owned, used, or hired by the Contractor, his agents, representatives, employees or subcontractors. Minimum Limits Automobile Liability: $1,000,000 Combined Single Limit d. Should the Contractor lease his equipment, it shall be the Contractor’s responsibility to obtain any necessary additional insurance, at Contractor’s expense. e. A certificate evidencing the above insurance coverage shall be provided by the Contractor to the County of Isle of Wight prior to the commencing work. The County of Isle of Wight shall be named as an Additional Insured; endorsements of same shall be submitted with certificate. It shall be the Contractor’s responsibility to keep the required insurance coverage’s in full force, and without lapse, during     the entire term of this agreement. Notices of cancellation or any changes to insurance shall be provided to the County of Isle of Wight thirty (30) days prior to the effective date of such change or cancellation. f. All insurance shall be placed with insurers maintaining an A.M. best rating of no less than A: Vll. Hold Harmless Clause The Contractor shall, during the term of the contract, defend, indemnify and hold harmless the County of Isle of Wight from and against any and all losses, damages, claims, fines, penalties, suits and costs, including bodily injury or death of any person(s), or loss or damage to property, as well as fines, assessments and penalties imposed by any authority which may arise out of any violations of law by, and all acts and omissions of the Contractor, the Contractor’s agents, employees occurring in connection with the products, completed operations, and other services covered herein. Safety All Contractor and subcontractor performing services for the County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all Contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. Anti-Discrimination By submitting their bids, bidders certify to the County that they will conform to the provisions of the Federal Civil Rights Act of 1964, as amended, as well as the Virginia Fair Employment Contracting Act of 1975, as amended, where applicable, the Virginians with Disabilities Act, the Americans with Disabilities Act and 2.2-4311 of the Virginia Public Procurement Act (VPPA). If the award is made to a faith-based organization, the organization shall not discriminate against any recipient of goods, services, or disbursements made pursuant to the contract on the basis of the recipient's religion, religious belief, refusal to participate in a religious practice, or on the basis of race, age, color, gender or national origin and shall be subject to the same rules as other organizations that contract with public bodies to account for the use of the funds provided; however, if the faith-based organization segregates public funds into separate accounts, only the accounts and programs funded with public funds shall be subject to audit by the public body. (Code of Virginia 2.2.4343.1E). Every contract over $10,000 shall include the following provisions: A. During the performance of this contract, the Contractor agrees as follows: 1. The Contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, service disabled veterans or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to 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 nondiscrimination clause. 2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, will state that such Contractor is an equal opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. B. The Contractor will include the provisions of No. 1 above in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. Ethics in Public Contracting By submitting a bid, the bidder certifies that their bid is made without collusion or fraud and that they have not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer or subcontractor in connection with their bid, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. (Code of Virginia 2.2.4367) Compliance with Federal Immigration Law Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth of Virginia knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986. Debarment Status By submitting a bid, bidders certify that they are not currently debarred by the Commonwealth of Virginia from submitting bids or proposals on contracts for the type of goods and/or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. Antitrust By entering into a contract, the Contractor conveys, sells, assigns, and transfers to the County of Isle of Wight all rights, title and interest in and to all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the Commonwealth of Virginia, relating to the particular goods or services purchased or acquired by the County of Isle of Wight under said contract. Davis-Bacon Wage Act In the event this contract is for an amount in excess of $2,000 for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a     Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution, contractor shall be responsible for full compliance with any and all rules and regulations of the federal Department of Labor in accordance with the Davis Bacon and related wage acts. Drug-Free Workplace During the performance of this contract, the Contractor agrees to (1) provide a drug-free workplace for the Contractor's employees; (2) post in conspicuous place, 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; (3) state in all solicitation or advertisement for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (4) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. Exemption from Taxes The County is exempt from State Sales Tax and Federal Excise Tax. Tax Exemption Certificate indicating the County’s tax exempt status will be furnished by the County of Isle of Wight. Faith Based Organization The County of Isle of Wight does not discriminate against faith-based organizations. Substitutions NO substitutions or cancellations permitted after award without written approval by the Purchasing Agent. Method of Payment Contractor shall submit invoices in duplicate for each delivery, such statement to include detailed breakdown of all charges, and shall be based on completion of tasks or deliverables. Invoices shall be submitted to using departments. Upon acceptance of work, the County will render payment within thirty (30) days of receipt of invoice. Individual Contractors shall provide their social security numbers, and proprietorships, partnerships, and corporations shall provide their federal employer identification number on the pricing form. Assignment of Contract This contract may not be assigned in whole or in part without the written consent of the Purchasing Agent. Termination     Subject to the provisions below, the contract may be terminated by the County upon thirty (30) days advance written notice to the other party; but if any work or service hereunder is in progress, but not completed as of the date of termination, then the contract may be extended upon written approval of the County until said work or services are completed and accepted. a. Termination for Convenience In the event that this contract is terminated or canceled upon request and for the convenience of the County, without the required thirty (30) days advance written notice, then the County shall negotiate reasonable termination costs, if applicable. b. Termination for Cause Termination by the County for cause, default or negligence on the part of the Contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of Termination for Cause. Non-Appropriation Notwithstanding anything contained herein to the contrary, this contract shall be terminated if all of the following events shall have occurred. a. Funds are not appropriated for a subsequent fiscal period during the term of this contract for the acquisition of substantially the same functions as provided for herein, and written notice thereof is given to the CONTRACTOR at least (30) days prior to the first day of such subsequent fiscal period or within five (5) days of the approval of the final budget for such fiscal year, whichever occurs later. b. COUNTY has exhausted all funds legally available for payment under this contract. Upon such termination, CONTRACTOR’S only remedy shall be to terminate the contract at the end of the fiscal period during which notice is give; and payment in compliance with the contract for materials, goods, and services rendered there under during the fiscal year at the end of which termination occurs, without penalty, termination, profit or overhead expenses of any kind, shall constitute full performance on the part of the COUNTY. Severability If any part, term, or provision of this agreement, shall be found by the Court to be legally invalid or unenforceable, then such provision or portion thereof, shall be performed in accordance with applicable laws. The invalidity or unenforceability of any provision or portion of any contract document shall not affect the validity of any other provision or portion of the contract document. Changes and Additions It shall be the responsibility of the Contractor to notify the County, in writing, of any necessary modifications or additions in the Scope of this Agreement. Compensation for changes or additions in the Scope of this Agreement will be negotiated and approved by the County, in writing. It is understood and agreed to by both the County and the Contractor that such modifications or additions to this Agreement shall be made only by the full execution of the County’s standard Agreement change order form. Furthermore, it is understood and agreed by both parties that any     work done by the Contractor on such modification or addition to this Agreement prior to the County’s execution of its standard Agreement change order form shall be at the total risk of the Contractor and said work may not be compensated by the County. Payment to Subcontractor Payments to subcontractor shall be made in accordance with § 2.2-4354 of Code of Virginia (1950), as amended. Unless otherwise specified in this Agreement, interest shall accrue at the rate of one percent (1%) per month. Conflict of Interest Contractor shall not accept or receive commissions or other payments from third parties for soliciting, negotiating, procuring, or effecting insurance on behalf of the County. Responsibility of Contractor The Contractor shall, without additional costs or fee to the County, correct or revise any errors or deficiencies in his performance. Neither the County’s review, approval or acceptance of, nor payment for any of the services required under this Agreement shall be deemed a waiver of rights by the County, and the Contractor shall remain liable to the County for all costs which are incurred by the County as a result of the Contractor’s negligent performance of any of the services furnished under this Agreement. Controlling Law; Venue; Pending/during Litigation This Agreement is made, entered into, and shall be performed in the County of Isle of Wight, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia without regard to its conflict of law rules. In the event of litigation concerning this Agreement, the parties agree to the exclusive jurisdiction and venue of the Circuit Court of the County of Isle of Wight, Virginia; however, in the event that the federal court has jurisdiction over the matter, then the parties agree to the exclusive jurisdiction and venue of the U.S. District Court for the Eastern District of Virginia, Norfolk Division. The Contractor shall not cause a delay in services because of the pending or during litigation proceedings, except with the express, written consent of the County or written instruction/order from the Court Entire Agreement This Agreement comprises the entire understanding between the parties and cannot be modified, altered or amended, except in writing and signed by all parties. GLOSSARY OF PURCHASING TERMS Act of VPPA is the Virginia Public Procurement Act, Title 11, Chapter 7 of the Code of Virginia. Addendum is the modification of the Invitation to bid or contract documents issued in writing by the engineer or owner prior to the opening of the bids.     Auctioneering is the unethical practice of divulging one vendor’s price to other vendors for the purpose of inducing a vendor to lower his price. Bid is a vendor’s written response to an Invitation to Bid. The bid may become the contract, if accepted by the County. Bidder is any vendor who submits a written response, either a bid or a “no bid” to an Invitation to Bid. Blanket Order is a contract under which a vendor agrees to provide goods or services to the County on a demand basis. The contract generally establishes prices, terms, conditions, and the period covered (no quantities are specified). Using Departments purchase directly from the vendor items listed under the contract. (See also price agreement contract). Change Order is a formal addendum to a contract (purchase order). A change order is required whenever a change in the contract terms will affect price, performance, the contract term, delivery, or the scope of the work of the contract. Contract is the legal obligation between a buyer and a seller to perform certain duties/provide certain goods. General requirements of a contract include an offer and acceptance by capable parties; mutual assent/content; lawful objective; and mutual consideration. Contract Breach is a vendor’s failure to perform an act or duty required by the contract. Contract Default is any occurrence or act which cuts short the rights or remedies of one of the parties to a contract. Default usually occurs upon a party’s failure to remedy a contract breach. Construction is building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavating, grading or similar work upon real property. Contract Modification is a written alteration in a specification, delivery point, rate of delivery, period of performance, price, quantity or other provision of any contract accomplished by mutual action of the parties to the contract. eVa is the website for all bid solicitations which is utilized by local government. Emergency shall exist when a breakdown in an essential service occurs or under any other circumstances when goods or services are needed for immediate use in work which may vitally affect the safety, health or welfare of the public. Evaluation Committee shall consist of a minimum of one procurement professional and one member from the Using Department. Goods are movable things also known as personal property. Goods are most commonly thought of as things for sale. Goods do not include real property or items attached to real property which may not be severed from the real property without injury to the real property.     Immediate Family is a spouse, child, parent, brother and sister, and any other person living in the same household as the employee. Informal Bid is a request for price quotations, either written or verbal, where total anticipated expenditures are not expected to exceed $50,000. Also referred to as a Request for Quotation (RFQ). Informality is a minor defect or variation of a bid or proposal from the exact requirements of the Invitation to Bid or the Request for Proposal, which does not affect the price, quality, quantity or delivery schedule for the goods, services of construction being procured, Initial Contract Term: For goods, the initial contract term is either: (a) the period of time from date of the purchase order to the delivery of the goods by the vendor and acceptance by the County; or (b) clearly stated in the Request for Quotations or Invitation to Bid. For service contracts, the initial contract term is usually set out in the terms and conditions of the contract. Internal Pricing is the method of procurement for small purchases which includes purchasing from existing price agreement contracts or the State Contracts and soliciting telephone quotations. Invitation to Bid is the formal, written solicitation document used for the procurement of goods and/or services expected to cost $50,000 or more. The Invitation to Bid contains all terms and conditions under which the successful bidder is to perform. Offeror is a vendor who submits a written response to a Request for Proposal (RFP). Non-Professional Services is any services not specifically identified as professional services in the definition below. Payment Terms are the methods of and time frames for payment under a contract. Unless otherwise stated in the solicitation or contract, the County’s payment terms shall be Net 30 calendar days. Price Agreement Contract is a contract where the County contracts with a vendor to supply required goods or services at a pre-determined price. Examples of the price paid may be a fixed price or a percentage off manufacturer’s list price. Using Departments purchase directly from the vendor, the items covered under the price agreement contract. (See also blanket order). Professional Services is work performed by an independent contractor within the scope of the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy, professional engineering, or as subsequently amended by the Virginia Public Procurement Act. Proposal is a vendor’s response to a Request for Proposal. It details the vendor’s capabilities and skills, experience, services to be provided, and preliminary prices. All elements of a proposal are negotiable. Purchase Order is a form of contract which provided the supplier authorization to provide goods and services and the purchaser’s commitment for the value of goods/services. Special terms and conditions may be incorporated in the purchase order by reference.     Purchase Requisition is the County’s official form to requisition goods and/or services. Quote/Quotation is a vendor’s response to a Request for Quotation. The vendor may submit either a written or verbal quote. Request for Proposal is the formal, written solicitation document used for the competitive negotiations method of procurement to procure professional services in excess of $50,000 and other than professional services in excess of $50,000. A request for proposal (RFP) sets forth the background of the project, the general and specific contract requirements, terms and conditions. Responsible Bidder/Offeror is a bidder or offeror who has the capability, in all respects, to perform fully the contract requirements and the moral and business integrity and reliability which will ensure good-faith performance. (VPPA, §2.2-4301). Responsive Bidder is a bidder who has submitted a bid or quote which conforms in all material respects to the specifications required by the bid or quote. (VPPA, §2.2-4301). Scope of Work are the sections of a Request for Proposal that defines the Using Department’s needs and set forth the specific contract terms and conditions. Service Contract is an agreement seeking a contractor’s time and effort rather than the delivery of a good. Specifications are a complete and detailed description of the set of technical requirements to be satisfied by a product, material, or process. Well-written specifications include performance measures which identify whether the requirements have been satisfied or met. The most desirable specification is expressed in numerical units of measure with performance boundaries or limits. Using Department is any department, bureau, Department or other entity to which a budget unit number has been assigned by the County’s Department of Management Services or which is authorized to expend County funds. Vendor is one who sells something; a “seller”.     APPENDIX A _________________________________________________________________________ SURPLUS PROPERTY DISPOSAL _________________________________________________________________________ Purpose It is the intent of this section of the County’s Procurement Policy entitled SURPLUS PROPERTY DISPOSAL to protect County assets by actively seeking the most effective means available to dispose of all materials, supplies, equipment, or other personal property that are considered excess, obsolete, unusable, or extensively damaged in order to maximize the useful life of each of the County’s assets. Personal property, as outlined in this procedures policy, shall include any excess obsolete, salvageable, or non-salvageable, Capital or Non-Capital property which is sold, replaced through the budget process, transferred or loaned to another department or Department, discarded, scrapped, traded in, or otherwise removed from service by any other means of disposal. Disposal of surplus property does not apply to real estate. Department Responsibility Department directors shall be responsible for the maintenance, care, custody and control of County property assigned to their department. Further, except as otherwise set forth herein, written authorization from the General Services Department shall be obtained prior to the disposition of any surplus property. This does not include the disposition of salvageable or non-salvageable equipment, materials, and/or supplies purchased using small dollar procurement procedures; this property may be disposed of at the discretion of the department director. Authority Unless otherwise directed by County Board of Supervisors or the County Administrator, the General Services Director or designee, or other authorized staff of the General Services Department, shall have the sole authority to dispose of surplus property using the method of disposal deemed to be most cost effective to the County. The General Services Director or designee shall report final disposition to the Director of Finance. Reporting of Surplus Property Surplus Property Asset Forms shall be submitted to the Department of Budget & Finance for the disposition of any surplus property acquired at the purchase price of $5,000.00 or above, regardless of the method of disposal. These purchases are considered Capital Assets and are assigned an asset number by the Department of Finance. A copy of the Surplus Property Asset Form shall be maintained in Budget & Finance and in the owner department inventory files. Methods of Disposal The General Services Department may use any of the following methods to dispose of surplus property:     A. Public Auction 1) Public auction to be held at the Auctioneer’s site or at a specified location within the County 2) Public auction to be held utilizing an approved on-line auction site B. Sales 1) Formal Sealed Bid - The property is sold using the formal sealed bid process for competitive bids. Surplus property sold using this method must be posted publicly on a Bid Board maintained by the General Services Department and advertised in a newspaper having general circulation in the County. 2) Request for Quotation - The property is sold using quotations as governed by small dollar procedures. 3) In the event that no offer is received in response to methods (1) and (2), the General Services Director or designee may accept any subsequent offer to purchase said surplus property deemed to be in the County’s best interest. C. Transfer Surplus property, whether capital or non-capital assets, may be transferred as follows: 1) Transfer of property among divisions within the same department A department director may transfer surplus property from one division to another division within their department. Whenever a Capital Asset is transferred to another division within the same department, the department director shall submit a Surplus Asset Form to the Department of Budget & Finance showing that the transfer has taken place. 2) Transfer of property among different departments within the County. A department director may transfer surplus property from one department to another department within the County. Whenever a Capital Asset is transferred to another department within the County, the department director shall submit a Surplus Asset Form to the Department of Budget & Finance showing that the transfer has taken place. 3) Transfer of property to another public entity Prior to placing an asset on the open market for sale, the General Services Department may transfer it to another public entity for a negotiated price or, with written justification, at no cost. The transfer of property to another public entity will be the sole responsibility of the Department of Budget & Finance.     D. Trade-in Departments shall not use trade-in allowances to offset the cost of a new or replacement asset unless stated in the procurement process; however, the General Services Department may negotiate a trade-in allowance. In the event a trade-in is authorized by the General Services Department, the department will be charged for the gross cost of the item, and the trade-in allowance will be credited to the County’s appropriate fund. E. Donations At the discretion of the General Services Director or designee, any surplus property which remains unsold may be donated to any non-profit or historical organization, which includes old and used books from the Library donated for resale and monies returned to Library. With approval of the County Administrator, surplus property may be donated directly to the organization without using other methods of disposal. F. Loan The temporary use of a surplus asset may be granted to a department other than the owner department or, with written permission by the General Services Director or designee, to another public entity or non-profit organization. G. Cannibalization At the discretion of the department head of the owner department, obsolete, worn- out, inactive, or uneconomical operating equipment may be used for parts for the repair of other equipment. H. Scrap Should no additional offers for purchase be received or requests made for donation of surplus property, the General Services Designee may declare the asset void of any value to the County and notify the department to dispose of the property as scrap at an appropriate landfill facility. Damaged Surplus Property – Subject of Insurance Claim When damage to an asset is the subject of an insurance claim, the General Services Department and Risk Management Division will coordinate the disposal of the asset. Proceeds from Surplus Property Disposition     Proceeds from the disposition of surplus property shall be returned to the County’s General Fund and not to the owner department’s account code. Exceptions to this procedure include the following: Asset Forfeiture Vehicles/Equipment - Vehicles/equipment seized by the order of court through Federal and State Assets Forfeiture Program. Library book sales. Purchase of Surplus Property by County Employees No County employee, whether permanent or temporary, shall convert to personal use any surplus property, with or without salvage value. No County employee, nor any member of their immediate family, may purchase surplus property. Surplus property may not be purchased by a County employee through a third party.     APPENDIX B _________________________________________________________________________ CAPITAL PROJECTS PROCUREMENT POLICY _________________________________________________________________________ Purpose and Need The purpose of this directive is to establish a procedure that will provide for the more timely and cost-effective preparation, solicitation, review and execution of Department of General Services, Department of Parks and Recreation, Department of Public Utilities, Stormwater, Capital construction contracts, change orders and formal notifications. Administrative Directive The County of Isle of Wight shall publicly announce, through a formal competitive bid process, all requirements for Capital Project Construction Contracts that are predicted to exceed $50,000.00, provide adequate fiscal controls for contract change orders and project overruns, and allow a means for formal notifications of contract changes when delays in execution of change orders would prove to be costly or detrimental to the County. Procedure to Accomplish Directive A. For Bid Preparation and Solicitation: 1. Requisition Submittal: Prior to the commencement of any Capital construction contract, the using Department shall forward to the Purchasing Division a requisition for the specific project. The requisition shall be signed by a person authorized to confirm and certify the using Department’s fund availability for the specified project. The requisition shall also include an engineer’s estimate and a copy of the bid package. 2. Bid Package Preparation and Review: Upon receipt of the requisition and the bid package, the Purchasing Coordinator will review the bid package for compliance with state and local procurement laws, ordinances and procedures. The Purchasing Coordinator shall have the authority to make any necessary changes to assure compliance and standardization of the bid package and impending bid solicitation. Upon approval of the bid package, the Purchasing Coordinator will set up a bid file for the specified construction project. A copy of the bid package, less drawings if required, will be maintained in the permanent bid file. 3. Bid Advertisement: After the approval of the bid package, the Purchasing Coordinator will forward all necessary advertisements to the specified newspaper(s). 4. Bid Solicitation: It shall be the responsibility of the using Department and/or engineering consultant to provide complete bid packages to any and all prospective bidders and to maintain an accurate and current list of the bidders of record for the specific bid solicitation.     5. Pre-Bid Conference: The Purchasing Coordinator and using Department shall attend all pre-bid conferences related to the bid solicitation, approve all additions prior to distribution to bidders of record, and maintain a copy of each addendum in the permanent bid file. 6. Bid Submittals: It shall be the Purchasing Coordinator’s responsibility to receive all bid responses to any formal Capital construction bid solicitation. All responses shall be date and time stamped and secured in the pending bid file until the specified bid closing date and time. 7. Public Bid Opening: After the bid closing time and date, the bids shall be publicly opened and read the same day. A bid tabulation reflecting all bids received, the County’s cost estimate and receipt of any required surety documents shall be provided and added to the permanent file. B. Bid Evaluation: 1. Informalities: The Purchasing Coordinator shall review recommendations to waive informalities in the bidding process and shall determine the appropriateness of such recommendations. 2. Evaluation and Recommendation: The Purchasing Coordinator shall retain a copy of each bid submittal and all surety documents in the permanent bid file. Purchasing shall provide the engineering consultant a copy of all bid documents for review. Upon review, the engineering consultant shall provide the using Department with a written evaluation of the bids, a bid tabulation and recommendation for award. The using Department shall provide the Purchasing Coordinator with recommendations for award. 3. Acceptance and Awards: Upon acceptance of the using Department’s recommendations to award, the Purchasing Coordinator shall provide to the using Department notification of approval to award the contract to the recommended vendor. Upon receipt of approval to award, the Purchasing Coordinator shall forward the contract to the County Attorney’s office for approval. C. Contract Routing: 1. Compliance with Procurement Regulations: The Purchasing Coordinator shall review the executed contract documents for compliance with procurement regulations.     2. Certification of Funding: The Purchasing Coordinator shall forward the contract documents to the Director of Budget & Finance for “Certification of Availability of Funds”. The using Department shall be responsible for resolving any funding issues. 3. Approved As to Content: Upon certification of availability of funds, the contract documents shall be forwarded to the using Department for content. 4. Contract Review as to Legal Sufficiency: The Using Department shall then forward properly executed contract documents to the County Attorney’s Office for review as to legal sufficiency and complete contract checklist. Contract documents that are not properly executed shall be returned to Purchasing Coordinator for review with the bidder. 5. Approval by County Administrator: The County Attorney’s Office forwards the contract documents to the County Administrator for signature and then forwards the documents to the County Clerk to attest the signature. 6. Bidder Execution of Contract Documents: The Purchasing Coordinator shall transmit the contract documents with instructions, thus establishing notice to the successful bidder of award. 7. Final Contract Execution: The Purchasing Agent shall execute contract documents for the County, issue the official “Notice to Proceed” signed by the County Administrator and provide contract documents to the using Department. 8. Reporting: The Purchasing Coordinator shall prepare a monthly report informing the County Administrator and the using Departments of (i) all advertised Capital construction, contract bids, the date advertised and the scheduled closing date; and (ii) all Capital construction contracts, the contractor’s names and contract amounts for awards during that period. 9. Bid Protests: The Purchasing Coordinator shall be responsible for responding to bid protests. Definitions Bidders of Record are the prospective bidders that have received complete bid packages for a specific bid solicitation. Bid Package shall mean all necessary bidding documents, drawings, specifications and/or advertisements that will be used in the formal sealed bid solicitation.     Bid Solicitation is the formal offering to prospective bidders requesting their response for specific goods and/or services. The bid solicitation shall include the bid number, bid closing date and time, and complete bid package. Contract Change Order shall be the means through which the terms and conditions of the original contract may be altered. Formal Notification shall be required in memo form after award when (i) changes occur in the estimated quantities of a unit price contract; (ii) time does not permit preparation and execution of a contract change order prior to performance of the contract; or (iii) notice is necessary to alert the Purchasing Coordinator of significant changes in incidents not requiring a contract change order. Formal Sealed Bid is the competitive procurement process used for obtaining goods and/or services that are predicted to exceed $50,000 in cost. Surety Documents are requirements for bonding and insurance; i.e. bid bonds, performance and payment bonds, automobile and Workers Compensation insurance, etc., that will protect the County’s interest during the performance of any related contract. Procedures for Contract Change Orders A. Change Orders Exceeding Authority: One (1) copy of all contract change orders that exceed the using Department’s change order authority shall be forwarded to the Purchasing Coordinator for review and approval. The change order information shall include a requisition with the description of the change order request, the original contract amount and any changes to the time for completion of the original contract. B. Change Order Approval: Upon approval of the contract change order request, the Purchasing Coordinator shall forward the change order documents to the Director of Budget and Finance for certification of availability of funds and approval of the County Administrator. Upon certification and documented approval, the change order documents shall be returned to the Purchasing Coordinator for execution. ACCUMULATED CHANGE ORDERS: 0%-25% County Administrator 25% - or $50,000 County Board of Supervisors *A written detail report is required for all change orders. Any construction project has potential changes particularly underground projects and this is not in any way designed to delay the construction process but keep all parties informed as to why the need for changes. The written report by the Project Administrator     is sent to the Department Director, the Purchasing Coordinator who will in turn forward it to the Director of Budget & Finance, County Attorney, and County Administrator. C. Change Order Execution: Upon execution of approved contract change order requests, the Purchasing Coordinator shall return the change order documents to the using Department. Procedures for Formal Notification A. Formal Notification Authority: The director of the using Department or his designee, who is responsible for the contract, shall obtain approval of the Purchasing Agent prior to issuing any emergency change order. B. Formal Notification Exceeding Authority: Approval of the Purchasing Agent, prior to any expenditure being incurred, shall be required for all contract changes. A formal notification shall be in memorandum form and shall include the description of the change order request, the original contract amount and any changes to the time for completion of the original contract. C. Formal Notification for Changes of Final Payment: Concurrent to the processing of the final payment, a formal notification shall be submitted to the Purchasing Coordinator when contract actual final work quantities vary from the original contract costs or quantities. The formal notification shall be in memorandum form and shall include the description of the cost or quantity variations, in both unit and contract cost, as necessary.     APPENDIX C COUNTY OF ISLE OF WIGHT FORMS     COUNTY OF ISLE OF WIGHT CHANGE ORDER FORM CHANGE NO.: Existing PO: Account # ___________________Amount______ Account # ___________________Amount______ Account # ___________________Amount______ DATE: PROJECT: CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS (Use Additional Sheets if Necessary): Original Contract Date: ............................................................................................. Original Contract Price: .......................................................................................... $ Amount of Prior Change Orders: ........................................................................... $ This Change Order: ................................................................................................ $ Cumulative Change Orders: ......................................................... $ (00% of original contract amount) Revised Contract Amount: ..................................................................................... $ Reason For Change Order: …………………………………………………………….. Original contract completion date was: The new completion date for all work is: REQUIRED APPROVALS: Submitted by: Contractor: Accepted by: Engineering Administrator Accepted by: Department Head Funds Available: Budget & Finance Approval by County Administrator (Up to 25%) County Administrator Approval if greater than 25% of original contract: Board of Supervisors Any work done on this project prior to the execution of this change order by the County of Isle of Wight is done at the contractor’s total risk and with no obligation on the part of the County of Isle of Wight to pay for the work.     ISLE OF WIGHT COUNTY DEPARTMENT OF BUDGET AND FINANCE REQUISITION FOR GOODS/SERVICES Vendor Name: Block 1 Vendor Contact: Address: City: State: Zip: Phone Number: Fax Number: Department Requested By: Block 2 ORG Block 3 OBJECT Block 3 Confirmation Only: Quantity Part or Catalog No. Description Unit Cost Price Block 4 Block 5 Block 6 Block 7 Block 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 0.00 0.00 TOTAL: Block 9     Instructions: All transactions resulting in the acquisition of a capital asset by a County department will require the completion of a Capital Asset Inventory System Add Document. This form should be completed and submitted to the Accounts Payable division of the Budget & Finance office along with the vendor's invoice which authorizes payment for the capital asset. Purchasing Information: (To be completed by Department making the acquisition.) Description of Asset: Date Received: P.O. Number: Serial Number: (Enter the Serial Number from the Asset.) Replacement for: (Enter the Inventory Number of the Asset being Replaced.) Historical Cost per Unit: (Historical Cost includes Freight Charges and the value of any Trade in received.) Quantity: Total Cost: (Number of Units purchased.) (Quantity X Historical Cost.) Account Number: (Enter complete accounting detail.) Example: 002.04033.607307.0000000.0000.0000.000000.0000.0000.0000.000 Category: (Asset Category Number if known.) Building: (Building Name or Number in which the asset is located.) Floor: Room: (Floor the asset is located on.) (Room the asset is located in.) Other Location: (If Building, Floor, & Room do not apply, enter physical location of asset.) Additional Comments: Completed by Finance: (To be completed by Accounts Payable and Capital Assets.) Asset Inventory Number: (This is the Property Inventory Tag Number to be provided by Capital Assets.) Document Reference: (Invoice Number to be filled in by Accounts Payable.) COUNTY OF ISLE OF WIGHT Capital Asset Inventory System Add Document Asset Information - Attach this Document to the Vendor's Invoice     ISLE OF WIGHT COUNTY SURPLUS FORM ARE ITEMS IN ARE CONDITION WORKING ITEMS OF ITEMS TO BE PLACED IN SURPLUS: CONDITION? OBSOLETE? PROPERTY YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO YES/NO SURPLUS ITEMS TO BE REMOVED: DEPARTMENT SIGNATURE DATE FOR BUDGET & FINANCE USE ONLY: Submitted to Public Works on ________________ for delivery/pick up of goods to/ from_________________. Items above are for surplus sale/other departments use.     County of Isle of Wight Purchasing Division EMERGENCY PROCUREMENT JUSTIFICATION Date of Request _____________________________ Purchase Order Number _________________________ Contractor(s)/Vendor(s) ______________________________________________________ This contractor(s)/vendor(s) were selected because: The Nature of the Emergency: Department Head: ___________________________________________________ (Signature of Department Head or Authorized Designee)     COUNTY OF ISLE OF WIGHT EMERGENCY PROCUREMENT Procedure A. Determination of emergency conditions. An emergency condition is a situation which creates a threat to public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, equipment failures, or such other reason as may be proclaimed by the County Administrator. Such condition creates an immediate and serious need for goods, services, or construction that cannot be met through normal procurement methods and the lack of which would seriously threaten the functioning of the County, the preservation or protection of County property, or the health or safety of any person. B. Source selection. Under emergency conditions the County Administrator, a departmental director or their designees may negotiate directly for emergency procurements which are required to meet the emergency. The authorized procuring agent shall direct the procurement action if circumstances permit. Such procurements shall ensure such competition as is practicable under the circumstances and shall be conducted in a manner which most closely parallels the normal procedure, taking into consideration the nature of the emergency and the time available for procurement action. C. Records. As soon as practicable, a record of each emergency procurement shall be made which sets forth the basis of the emergency, the competitive measures taken, and the reason for the selection of the particular contractor/vendor. Documentation of emergency procurement shall include a requisition and a confirmation purchase order when the procurement is one which would have been handled in non-emergency situations by the Purchasing Division or a contract when the procurement would have been handled in non- emergency situations by other procuring agents.     County of Isle of Wight Purchasing Division SOLE SOURCE PROCUREMENT REQUEST All sole source purchase requests must meet the criteria established under § 2.2-4303 E of the Code of Virginia. The Department Head of the requesting department must sign this form. The County’s Purchasing Agent or designee shall review and approve all the Sole Source Requests before issuance of any County contract or purchase order. Date: _________________ Department: ____________________________________ Department Head’s Signature: ____________________________________ Contact Person: ____________________________________ Telephone Number: ____________________________________ Vendor’s Name ____________________________________ Total Amount of Sole Source Request: ____________________________________ Chargeable Account: ____________________________________ Please Complete the Following: 1. Explain why this is the only product or service that meets the needs of your Department: 2. Explain why this vendor is the only practicably available source from which to purchase this product or service. 3. Explain why the price is considered reasonable. 4. Describe the efforts that were made to conduct a non-competitive negotiation to obtain the best possible price for the taxpayers.     Appendix D _______________________________________________________________________ IMPLEMENTATION PROCEDURES AND GUIDELINES FOR THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT OF 2002 (Adopted June 11, 2009; October 17, 2013) Contracts Authorized under the Public-Private Education Facilities and Infrastructure Act (PPEA) and Public-Private Transportation Act (PPTA) The Public-Private Education Facilities and Infrastructure Act of 2002 (the “PPEA”) and Public- Private Transportation Act (the “PPTA”) allow responsible public entities the authority to create public-private partnerships for the development of a wide range of projects for public use if the public entity determines there is a need for the project and that private involvement may provide the project to the public in a timely or cost-effective fashion. In accordance with the PPEA and PPTA Guidelines (the “Guidelines”) adopted by the Board of Supervisors on October 17, 2013 (as they may be amended from time-to-time), the County Administrator or his designee will follow the Guidelines to receive and evaluate proposals submitted pursuant to the PPEA and/or PPTA. (Adopted April 15, 2010, Revised May 27, 2010) Contracts Authorized under Design-Build (Construction Management) While competitive sealed bidding remains the preferred method of construction contracting, the County Administrator or designated Purchasing Agent may enter into a contract for construction based on either a firm fixed price or not-to-exceed price design-build basis. The Design-Build process is governed by Sections 2.2-2406, 2.2-4303 and 2.2-4308 of the Code of Virginia which is incorporated into this policy and must be observed by County Staff wishing to use the Design-Build method. Prior to the issuance of a Design/Build RFP, the County Administrator or his designee shall: a) Obtain the advice of a licensed architect or engineer with professional competence appropriate to the project. Such an advisor may either be an employee of the County or an architect/engineer hired specifically to provide the advice and guidance mandated by the Code of Virginia. b) Articulate in writing why a design-build or construction management approach is more advantageous than competitive sealed bidding for the project being contemplated; c) Obtain an estimate of the costs to repair, renovate, demolish or erect the project under consideration.     d) Submit the project for approval by the Virginia Design-Build/Construction management review board if the project’s estimated cost exceeds $1,000,000. e) Determine whether and explain why competitive sealed bidding is not practical or fiscally advantageous; and f) Appoint a Review Committee of not less than three (3) members, (one of whom shall be an architect or professional engineer) to assist the County Administrator with the proposal evaluation and selection process as described below. After having obtained approval from the Design-Build/Construction Manager Review Board or, following a determination that the project is an exception under 2.2-4303 of the Code of Virginia, the County Administrator or his designee shall issue a written RFP, advertise in a newspaper of general circulation in the County for at least (10) days preceding the proposal acceptance date, and post an RFP on eVA, Virginia’s e-Procurement website and the Isle of Wight County website. The RFP shall:  define the pre-design, design phase, bid phase and/or construction phase services to be performed under the design-build contract,  include and define the requirements of the specific construction project relevant to site plans, floor plans, exterior elevations, basic building envelope materials, fire protection, structural, mechanical (HVAC) and electrical systems, and special telecommunications,  specify the criteria which will be used in evaluating the proposals,  request a firm fixed price or not-to-exceed price proposal based on a cost estimate prepared by a professional engineer or architect.  contain or incorporate by reference the applicable contractual terms and conditions, including any unique capabilities or qualifications which will be required of offerors, and  include such other requirements as the County Administrator or his designee deems appropriate for the construction project. The RFP shall request of offerors only such information as is appropriate for an objective evaluation of all offerors pursuant to the specified criteria. The County Administrator or his designee shall receive and consider comments concerning specifications or provisions in the RFP, prior to the time set for receipt of proposals. Procurement of construction by the design-build method shall be a two-step competitive negotiation process. The first step, or the initial review of the proposals, shall be of a qualitative nature. This shall include review of preliminary design drawings, outline specifications, technical reports, calculations, permit requirements, vendors’ management plan (includes organizational information, resumes of key personnel, Quality Assurance Plan, Safety Plan), schedule, and other data requested in response to the RFP. Based upon the information submitted and any other relevant information which the County may obtain, a maximum of five (5) offerors deemed to most closely meet the county’s requirements shall be selected by the Review Committee based on the initial responses.     As the second step in the design-build process, the Review Committee shall hold discussions with each of the selected offerors exercising care to discuss the same owner information with each offeror. Trade secrets or proprietary information provided by an offeror in response to a request for qualifications or request for proposals shall not be disclosed to the public or to competitors, provided the offeror has invoked protection pursuant to the Code of Virginia section 2.2-4342.F. Upon completion of the discussions, the Review Committee shall determine whether any changes to proposals should be requested to correct errors or omissions or to clarify ambiguities, or to incorporate project improvements or additional details identified by the Review Board during its review. As required, offerors may then submit revised technical proposals as well as modifications to their price proposals. The Review Committee will complete its evaluations of the revised proposals. Following a complete review of the proposals, the Review Committee shall make its recommendation to the County Administrator or his designee based upon the criteria included in the RFP. While price shall be considered, it need not be the sole selection factor. Award shall be made to the fully qualified vendor who has been determined to offer best value in response to the RFP and whose price proposal is within the budget ceiling included in the County’s operating and/or capital budgets. The County shall submit information for post-project evaluation when requested by the Commonwealth of Virginia Design-Build/Construction Management Review Board (“Review Board”). The County Administrator or his designee may set forth such additional procedures, not inconsistent with the provisions of this section or the rules and regulations of the Review Board, and consistent with the procedures for the procurement of nonprofessional services through competitive negotiations, as deemed necessary and appropriate to affect the selection and evaluation of offerors and the award of design-build and construction management contracts.     Appendix E County Credit Cards (Adopted December 19, 2002, Revised April 15, 2010) Policy Intent It is the intent of this policy to assure fair and equitable treatment of all individuals using a credit card (ex. Mastercard or Visa) held in the name of Isle of Wight County for expenses related to official County business. Applicability  County employees and official appointees of the Board of Supervisors shall be governed by this policy. General Policy a. Approval All County Credit Cards must be approved by the County Administrator and issued through the Department of Budget and Finance. b. Card Security Authorized users of the card should be aware of the possibility of fraudulent use of the card and should make every effort to keep the card secure. Users should request the carbons at point of sale and keep the card number from being duplicated except during valid use. c. Authorized Use The card should be used only for actual and necessary County expenses to include, but not limited to, travel, meals, or other expenses as governed by adopted County policies and procedures. The County Administrator shall have discretion over any such expenses in dispute. d. Payment Claims for payment of credit card purchases must be presented to the Department of Budget and Finance on the standard voucher adopted by the County, to be accompanied by all receipts. e. Repayment for Unauthorized Charges For any unauthorized charges, including charges for meals in excess of the per diem amounts not approved by the department head or County Administrator (in accordance with the County's Travel Regulations), repayment via a check or cash for the difference must accompany the travel voucher submitted for credit card payment.     f. Unauthorized Use  County Credit Cards may not be used for:  personal purchases  cash advances  alcoholic beverages g. Disciplinary Action  Failure to comply with these policies will result in the card being revoked. Fraudulent use or misuse of the card will result in disciplinary action up to and including termination of employment.   B&F/ MWT / Amendment of County Travel Policy/ 10.15.15 ISSUE: Resolution – Amendment of County Travel Policy, Chapter 7, Miscellaneous – Employee Related, Article I, Travel, of the County Policy Manual BACKGROUND: Proposed amendments to the County Travel Policy are needed to clarify and update the guidelines regarding authorized travel while on County business. The proposed amendment reflects the changes that are necessary to allow the use of purchasing cards (Pcards) to pay for various travel related expenses and authorize the use of allowable rates for meals and lodging as set by the United States General Services Administration, which are used by the federal government, the Commonwealth of Virginia, and many local jurisdictions. BUDGETARY IMPACT: The proposed amendments do not have an impact on the operating budget. RECOMMENDATION: Adopt a resolution to amend the County Travel Policy, Chapter 7: Miscellaneous – Employee Related, Article I, Sections 1.6, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, and 1.14 of the County Policy Manual. ATTACHMENTS: Resolution B&F/ MWT / Amendment of County Travel Policy/ 10.15.15      RESOLUTION TO AMEND THE COUNTY TRAVEL POLICY, CHAPTER 7, MISCELLANEOUS – EMPLOYEE RELATED, ARTICLE I, SECTIONS 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, AND 1.14 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding authorized travel while on County business under Chapter 7 Miscellaneous – Employee Related, Article I, Sections 1.6, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, and 1.14; and WHEREAS, the Board of Supervisors desires to revise and amend Chapter 7 Miscellaneous – Employee Related, Article I, Sections 1.6, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, and 1.14; and NOW, THEREFORE, BE IT RESOLVED that Chapter 7 Miscellaneous – Employee Related, Article I, Sections 1.6, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, and 1.14 is hereby revised and amended as follows: Chapter 7: Miscellaneous - Employee Related ARTICLE I Travel (Adopted February 4, 1999; Revised December 19, 2002; Revised August 7, 2003; Revised October 6, 2005; Revised July 6, 2006; Revised February 13, 2007; Revised April 2, 2009; Revised October 15, 2015) Section 1.0   Intent/Purpose The travel policy applies to all authorized travel while on County business within the geographical area of the County, as well as outside the jurisdictional area. It is the intent of this policy to assure fair and equitable treatment of all individuals traveling on County business at County expense. It is the purpose of these regulations to provide a reasonable and systematic means by which the cost of travel may be estimated for budget preparation and controlled for purposes of economy. Section 1.1 Applicability County employees, official appointees of the Board of Supervisors, and all others who are required to adhere to the County's policies shall be governed by these regulations. The Board of Supervisors and Constitutional Offices will use these regulations as a guide relative to their own discretionary travel arrangements, unless there are other such policies in place which address travel while on County business. B&F/ MWT / Amendment of County Travel Policy/ 10.15.15      Section 1.2 Official County Travel Travel on County business includes trips within or outside the County to conferences, conventions, workshops, seminars, educational and training courses, and other County related business meetings or purposes. Section 1.3 Prior Authorization for Certain Travel County department heads who travel multiple days, or at least two (2) hours, or one hundred (100) miles from the County Courthouse Complex must receive prior authorization, except in emergency situations, expressly approved by the County Administrator or his designee. Department heads are authorized to approve employee travel and projected expenses and should notify the County Administrator when an employee's travel is multiple days, or at least two (2) hours, or one hundred (100) miles from the County Courthouse Complex. Appropriate documentation for all such travel may include conference/meeting agenda, registration information, or other information acceptable to the County Administrator and/or department head authorizing such travel. Section 1.4 Reimbursement Claims for reimbursement of travel expenses must be presented to the Department of Budget and Finance on the standard voucher adopted by the County and signed by the traveler and the person authorized to approve such expenditures. All such travel vouchers must be presented to the Department of Budget and Finance within sixty (60) days from the traveler’s return date. Any expenses submitted past the sixty (60) day requirement will not be reimbursed. Section 1.5 Excessive Expenses Any individual expense considered excessive may be disallowed. The County Administrator shall have discretion over any such expenses in dispute. Section 1.6 (Revised October 15, 2015)  Direct Vendor Payment / Employee Cash Advance When possible, alternate arrangements to avoid the advance of taxpayer funds should be implemented. Employees should coordinate with the Department of Budget and Finance to arrange for payment of travel expenses directly to the vendor for items such as conference registration and hotel lodging. A cash advance for greater than $100 may be provided to an employee who will incur justifiable overnight travel expenses while conducting authorized County business. Employees who have Pcards assigned will not obtain cash advances without specific approval of the County Administrator. Requests for more than $500 must be B&F/ MWT / Amendment of County Travel Policy/ 10.15.15      authorized by the County Administrator. The County Administrator shall have discretion over any expenses in dispute. All requests for cash advances must include appropriate documentation, be approved by the Department Head and submitted to the Budget and Finance Department for provision in the accounts payable process just prior to the planned event. Within fifteen (15) days of travel return, the travel voucher with any applicable supporting documentation of expenses must be submitted to the Budget and Finance Department, to include repayment (via a check or cash) of any unused funds due the County. Failure to follow these policies may jeopardize approval of subsequent cash advances. Section 1.7 Transportation Transportation should be via the least expensive and most efficient method available and is reimbursable subject to the following guidelines: Section 1.8 (Revised October 15, 2015)  Transportation - County Vehicles a. County vehicles are to be used whenever possible for ground transportation to and from a given destination, subject to the safe and economical condition of the vehicle or vehicles assigned and subject to availability. b. Reimbursements for gasoline, parking, tolls and justifiable repairs to the County vehicle will be provided if documented with receipts. Wherever possible, gasoline should be obtained from the County’s authorized fueling facility located at the Department of Public Works. c. If no fleet card is available, Pcards may be used but must be fully documented with receipts. Section 1.9 (Revised 2/13/07; Revised October 15, 2015)  Transportation - Private Vehicles a. A private vehicle may be utilized only when other means of transportation are not available or the use of a private vehicle better serves the County’s purposes. b. For use of a private vehicle, the traveler will be reimbursed at the mileage rate consistent with the rate established by the Internal Revenue Service, plus parking and toll fees if documented with receipts. c. An odometer reading from the beginning to the end of the designated trip must be shown on the travel voucher for reimbursement of mileage for private vehicle use. B&F/ MWT / Amendment of County Travel Policy/ 10.15.15      d. Allowable Mileage shall be mileage incurred in any one day in excess of the normal round-trip commute for that day between the employee’s primary residence and assigned workplace. e. Pcards shall not be used to buy gasoline for a private vehicle. Section 1.10 (Revised October 15, 2015)  Transportation - Commercial Aircraft a. Air travel may be used when such has been determined to be the most economical and feasible means of travel and should not exceed the regular tourist (coach) fare. b. If the cost of air travel is paid by the traveler, a copy of the paid ticket must be submitted to the Department of Budget and Finance, or tickets may be paid for by Pcard. c. Whenever possible, the travel agency or airline should bill the County, or fees may be paid by Pcard. The name of the traveler and the business purpose must be stated on the vendor’s invoice for payment. Section 1.11 (Revised October 15, 2015)  Transportation - Rental Vehicles a. Automobiles should be rented only when necessary for the purpose of County business and/or when considered economical. The most economical class of automobile, which will physically accommodate the passenger(s) and/or the intended purpose, should be rented. Rental cars should be shared by County personnel whenever possible. b. Expenses related to the business use of the rented automobile such as parking, fuel, tolls, etc. will be reimbursed if documented with receipts, or may be paid by Pcard with documentation. Traffic and parking fines are considered a personal expense. c. Traffic and parking fines are considered a personal expense. d. Pcards may be used to pay allowable expenses, but receipts shall be attached to the transaction when reconciled. Section 1.12 (Revised October 15, 2015)  Lodging a. Expenditures for lodging must be reasonable. The County will pay the prevailing single room rate per traveler at the place of lodging. Governmental rates should be requested where available, unless a more economical rate can be obtained. b. The need for lodging shall be substantiated in the travel authorization request and will be based on the distance of travel and the nature of the business which requires the travel. In most cases, the B&F/ MWT / Amendment of County Travel Policy/ 10.15.15      travel should be multiple days, and at least two (2) hours, or one hundred (100) miles from the County Courthouse Complex. Where lodging is requested and the travel does not meet the requirements stated above, the justification for lodging must be submitted to and authorized by the County Administrator in advance. c. Pcards may be used to pay for lodging. Receipts shall be attached to the transaction when reconciled. Section 1.13 (Revised 2/13/07; Revised October 15, 2015)  Meals - Reimbursement a. Reimbursement for the maximum of three (3) meals per day while on authorized County business, including tips, is limited to $37 per diem per person. It is not necessary that receipts for meals accompany the travel reimbursement request. the GSA rates contained on table for travel location at: http://www.gsa.gov/portal/content/104877. b. If travel includes less than three (3) meals per day, the allowable per diem amount, including tip(s), is broken down as follows: Meal Amount Time of Meal Breakfast $7 Prior to 11:00 a.m. Lunch $10 11:00 a.m. - 4:00 p.m. Dinner $20 4:00 p.m. and after on the GSA table at: http://www.gsa.gov/portal/category/100120 & http://www.gsa.gov/portal/content/101518 e. Meals in excess of per diem amounts will be reimbursed only in exceptional situations and depending on cost variations in other metropolitan areas. In these cases, receipts must be submitted for all meals that exceed the per diem amount and include documentation explaining why the per diem amount was not sufficient. All exceptions must be approved by the department head and/or County Administrator. f. Note: Use of a Pcard to pay any of the meal expenses is allowed; however, only the amounts allowed under this policy shall be paid by this method. Any over expenditures shall be reimbursed by the employee to the County when accounts are reconciled. Only actual expenses for the traveler may be put on the Pcard and fully detailed receipts must be attached to the transaction when reconciled. e If registration fees for a conference/meeting include a banquet or other meals, the per diem amount related to those meals provided in such registration fee shall be deducted from the allowable per diem. f. Reimbursement for certain group-related business meals is permitted. The meal must be conducted in a setting considered appropriate for business, be business related, and of reasonable cost. The actual expenses must be supported by receipts retained and submitted with the travel payment B&F/ MWT / Amendment of County Travel Policy/ 10.15.15      voucher. Additionally, the date, amount, place and nature of the business conducted should be documented on the travel voucher. Section 1.14 (Revised October 15, 2015)  Incidental Expenses The following incidental traveling expenses will be reimbursed while on official County business: a. Bridge and road tolls and ferry fares b. Taxi, airport limousine or bus fares. Reasonable effort shall be made to obtain the most economical transportation to and from airports. c. Parking fees d. Conference or seminar registration fees e. Fees for professionally oriented field trips sponsored by a conference or seminar f. Telephone, telegraph and/or fax charges when related to the business of the County or when directly of assistance to the traveler in aid of arrangements of the travel. If overnight stay is required, a five (5) minute telephone call per day to the traveler’s home is included as an eligible expense. Employees with County issued calling cards should utilize such cards when possible.   g. All other incidental charges for reimbursement must be authorized by the County Administrator. Whenever possible, the Pcard may be used to pay for allowable incidentals. Full documentation is required in the Pcard system, including receipts. Section 1.15 (adopted 2/13/07) Disallowed Expenses Disallowed expenses include:  Lost or stolen articles  Alcoholic beverages  Damage to personal vehicles, clothing or other items  Services to gain entry to a locked vehicle  Movies charged to hotel bills  All expenses related to the personal negligence of the traveler, such as fines  Entertainment expenses  Towing charges, and  Expenses of spouse, children or companions B&F/ MWT / Amendment of County Travel Policy/ 10.15.15      Adopted this 15th day of October, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich, County Attorney Oct. 15, 2015/cbm/BOS Retreat Summary ISSUE: Motion – Accept Board Retreat Summary and Actions as Presented BACKGROUND: Staff will provide a synopsis of topics discussed at the Board’s Strategic Planning Retreat, held September 24, 2015, as well as follow up to actions and additional information requested by the Board at the retreat. A consensus of the Board provided concurrence and support for the following items presented by staff at the retreat:  Water Source Capital Planning: - Proceed with development of draft correspondence to the City of Suffolk/Western Tidewater Water Authority advising of water delivery points and volumes needed in the future for capital planning purposes for consideration at the October 2015 Board meeting.  Economic Development: - Continued support for Economic Development Investment Program funding. - Support for a new Windsor water line. - Funding support for development of permit-ready sites. - Support for workforce development programs. - Support for transportation enhancements. - Support for workforce housing stock. - Support for local amenities for existing and new workforce.  Transportation: - Move forward with development of a policy to address unpaved road projects and development of a countywide transportation priority assessment and funding solutions in the upcoming CIP process. Oct. 15, 2015/cbm/BOS Retreat Summary  Route 17/Brewers Neck Corridor Landscape - Move forward with development of a landscaping plan for consistent corridor character for further Board consideration.  Fire & Rescue - Move forward with development of a systematic apparatus replacement plan that focuses on the County’s Fire/EMS system versus individual stations. - Move forward with development of a consistent operations funding model and agreement. - Support of equity in the level of County support provided to the various agencies. - Support of the Virginia Fire Services Board study and embracing best practices, performance measurement, and Fire/EMS system accountability.  Strategic Plan - Update of the County’s strategic plan document over the next 12 to 18 months. As discussed and requested at the retreat, attached for the Board’s consideration is a draft letter advising the City of Suffolk of water delivery points and volumes needed from the Western Tidewater Water Authority (WTWA). Also attached is information relative to County tax exempt properties and programs as requested by the Board. BUDGETARY IMPACT: There is no budgetary impact. RECOMMENDATION: Adopt a motion to accept the Board Retreat Summary and Actions as presented and submission of the attached letter to the City of Suffolk. Oct. 15, 2015/cbm/BOS Retreat Summary ATTACHMENTS: - Letter to City of Suffolk - Tax Exemption and Tax Relief Program Information   October 15, 2015 Mr. Albert S. Moor II, P.E. Director of Public Utilities City of Suffolk P.O. Box 1858 Suffolk, Virginia 23434 RE: Isle of Wight County Projected Water Demands Dear Mr. Moor: On behalf of Isle of Wight County, I am writing to provide notification regarding the County’s water demand projections for current and future delivery points from the City of Suffolk’s water transmission system. The County appreciates the Western Tidewater Water Authority’s (WTWA) and City of Suffolk’s patience as the County has evaluated its future water projection needs. The intent of this letter is to provide the WTWA and City of Suffolk with the information required to move forward with design and construction of water distribution infrastructure necessary to supply WTWA water to Isle of Wight County. Summarized below are the County’s projected short and long-term water demands and distribution needs for WTWA water as reviewed by the Board of Supervisors in September 2015 and approved at their October 15, 2015 meeting. Given the likelihood of groundwater permit withdrawal reductions over time, the flow rates that are noted are based on the projected (reduced) capacity the County is allotted over time. Specifically, the flows are anticipated to increase from today’s 3.4 MGD total available to 5.1 MGD total in years 2037 through 2048. Route 460 The County understands the final design for the City of Suffolk’s water distribution improvements necessary to deliver WTWA water to the City of Suffolk/Isle of Wight County line along Route 460 is underway and that delivery to the County line can occur in the next two to three years. We further understand that the initial flow available to the County from the Route 460 extension will be approximately 0.5 MGD. The County hereby respectfully requests that 0.5 MGD flow be delivered as soon as practical. County design efforts to support a County waterline extension project to receive these flows at the Route 460 delivery point are nearly complete. We anticipate our required waterline extension to be complete within approximately 18 months. We also understand that internal City of Suffolk water projects will increase delivery capacity to the County to between 1.5 to 2.0 MGD over time, and the County requests that the maximum amount available, up to 2.0 MGD, be delivered on or prior to year 2038.   Route 17/Route 10 The County’s existing WTWA delivery point is located on Route 17 just prior to the Chuckatuck Bridge. At this time, the County anticipates an increase in demand at the existing delivery point, but not enough to fully utilize the 3.4 MGD total available to us. Current trends place the County closer to the 0.5 MGD usage at the existing delivery point in the short-term. Based on approved, active, and rezoned properties in the Newport Development Service District, our flows are projected to exceed the 1.0 MGD available to us through the existing connection on Route 17. The delivery capacity is limited due to physical constraints on the City’s system such as line size and pressure, and not by an availability limitation. Our projections over time show increases in water usage in the Newport Service District to approach 3.0 MGD in approximately 10 to 15 years. For this reason and to support emergency and redundancy needs of the Route 17 line, the County hereby also respectfully requests another delivery point be developed on Route 10 at the City/County border. We acknowledge that the County and City both have projects to construct that will take each entity approximately two to three years to complete. Connecting our systems at Route 10 will provide the supply needed as the County approaches the 1.0 MGD consumption limit currently supplied on Route 17. Given the proposed usage of 0.5 MGD from the Route 460 connection, the County anticipates a split between the Route 10 and Route 17 delivery points to the maximum of 1.0 MGD at Route 17, with the balance to be made available at Route 10. The County will not likely be able to use all of the available flow from the Route 10 connection upon completion of the project, but the usage is anticipated to increase over time. The following table summarizes the County’s requested delivery in the short (2018), mid (2030) and long (2038) term. Delivery Point Projected Demand (MGD) 2018 Projected Demand (MGD) 2030 Projected Demand (MGD) 2038 Route 17 1.0 1.0 1.0 Route 10 0.5 2.0 2.1 Route 460 0.5 1.0 2.0 TOTAL/AVAILABLE 2.0/3.68 4.0/4.22 5.1/5.12 The projected flow from the Route 460 delivery point for years 2018 and 2038 shown above is based on what the County would hope to need based on the 0.5 MGD initial available flow to the ultimate 2.0 MGD flow that may be available. We respectfully suggest that the County could alter the projected demands between 2018 and 2038 to coincide with the City’s current schedule to construct the necessary improvements to deliver the ultimate flows since the 2030 projection shown is uncertain at this time. If we experience significant growth and the demand patterns increase, the County will convey that trend to WTWA as soon as practical and request the delivery schedule be accelerated accordingly well in advance of the needed flows. We hope that this letter conveys the information necessary for the WTWA and City of Suffolk to move forward with design and construction of water distribution infrastructure required to deliver water to Isle of Wight County. Should you have any questions or need additional information, do not hesitate to contact me at (757) 365-1655 or djennings@iwus.net. Sincerely, Donald Jennings, PE Assistant Director of General Services ISSUE: Matters for the Board’s Information BACKGROUND: The matters attached to this Board report are included as a means of providing information to the Board relative to matters of interest. These items do not require any action by the Board. RECOMMENDATION: For the Board’s information. ATTACHMENTS: 1. Monthly Reports: Tax Levies & Collections as of September 2015; Cash Position; and, Statement of the Treasurer’s Accountability 2. Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2015/2016 3. Isle of Wight Sheriff’s Monthly Activity Report/August 2015 4. Isle of Wight Cooperative Extension Monthly Activity Report/September 5. Isle of Wight Website Statistics/September 2015 6. Solid Waste Division Litter Pickup 7. Letter from the Town of Windsor re: Contribution for Old Gym 8. Town Hall Meeting re: Fire and EMS Service Delivery – October 19, 2015 9. Windsor Community Meeting – October 22, 2015 ! " #$ # # %& ’ # % ( ’% & & ) * &( ’( +,& -%& #& +#& .. . +. + / $ . $ / - %%+,)+ , - 01 1 00 2 -# % & 0 $’ # + % & ( +,& -%& #& +#& .. . +. + / $ . $ / - +,)+ , %+ , +,+, - 23 34 21 -% & * 4 -0 ! ! 2 4 " 5 " 5 ! &5 #$ # # %& ’ # % ( ’% & & ) * &( ’( +,& -%& #& +#& .. . +. + / $ . $ / - %%+,)+ , - 0! 1 0! 20 -# % & 03 $’ # + % & ( +,& -%& #& +#& .. . +. + / $ . $ / - +,)+ , %+ , +,+, - 04 3 -% & * 3 -2 3 1 2 3 0 " 5 " 5 ! *- * , #$ # # %& ’ # % ( ’% & & ) * &( ’( +,& -%& #& +#& .. . +. + / $ . $ / - %%+,)+ , - 23 0 -# % & 1 $’ # + % & ( +,& -%& #& +#& .. . +. + / $ . $ / - +,)+ , %+ , +,+, - 2! 3 0 ! -% & * 20! -3 0 2 0 ! 0 4 6- 7 " 5 " 5 ! " ! # $ !! " $ % & ’ ! " ! !( $ ) ! * ! * ( ! ! + ! " , * !’ 09 . 1 4 . 1 5 AU G 1 4 JA N F E B M A R A P R M A Y J U N J U L AU G 1 5 SE P O C T N O V D E C 20 1 5 Y T D 2 0 1 4 Y T D % chng Ca l l s f o r S e r v i c e La w E n f o r c e m e n t 3, 4 6 2 3,7 6 2 3 , 3 2 3 4 , 1 1 3 3 , 6 6 5 4 , 2 0 3 4 , 1 5 4 5 , 0 0 5 5, 2 7 0 33,49526,52826.26% An i m a l S e r v i c e s 97 96 7 6 1 0 2 1 1 6 1 1 3 1 2 3 1 0 2 64 792809-2.10% GR A N D T O T A L 3, 5 5 9 3,8 5 8 3 , 3 9 9 4 , 2 1 5 3 , 7 8 1 4 , 3 1 6 4 , 2 7 7 5 , 1 0 7 5 , 3 3 4 34,28727,33725.42% Sc h o o l C h e c k s ( n u m ) 6 84 5 5 9 1 4 9 5 4 2 5 0 1 359380-5.53% Sc h o o l C h e c k s ( t i m e ) 0:3 3 2 7 : 4 7 2 1 : 5 9 3 1 : 4 9 1 7 : 1 7 2 1 : 5 9 7 : 5 8 0 : 0 0 3 : 5 2 132:43172:59-23.28% Fa l s e A l a r m s 26 10 3 0 2 1 1 1 4 2 33137-75.91% Es c o r t s 8 18 5 8 1 1 1 0 5 1 1 11 79763.95%0 Tr a f f i c Tr a f f i c S t o p s 43 0 31 4 1 8 8 4 5 1 4 2 2 5 0 0 5 2 8 5 0 1 44 5 3,3493,2303.68% Tr a f f i c S u m m o n s 28 4 16 2 1 0 1 2 6 5 2 5 3 3 4 2 3 3 8 2 8 1 25 4 1,9961,8328.95% Tr a f f i c C r a s h e s 50 62 9 2 5 9 8 7 6 7 7 3 5 6 61 5575462.01%0 Cr i m i n a l P r o c e s s Mis d e m e a n o r C h a r g e s 51 27 2 1 5 2 5 1 4 9 5 2 4 1 45 338352-3.98% Fe l o n y C h a r g e s 12 13 1 9 3 4 2 6 1 1 1 6 6 6 58 24316646.39% Un k n o w n C l a s s 0 0 0 0 0 0 0 0 0 02 GR A N D T O T A L 63 40 4 0 8 6 7 7 6 0 6 8 1 0 7 1 0 3 58152011.73% Civ i l P r o c e s s Wri t - L e v y 1 2 2 6 2 0 5 6 1 2426-7.69% Wr i t - R e p o 6 3 3 2 4 4 7 2 1 2650-48.00% Ev i c t i o n s 23 11 9 7 1 1 1 0 1 1 2 0 8 87870.00% Al l O t h e r C i v i l 78 7 68 3 6 4 2 1 , 2 0 7 1 , 0 0 2 9 4 6 9 5 0 1 , 1 1 3 9 3 7 7,4806,77710.37% GR A N D T O T A L 81 7 69 9 6 5 6 1 , 2 2 2 1 , 0 1 9 9 6 0 9 7 3 1 , 1 4 1 94 7 7,6176,9409.76% Pr o p e r t y Re p o r t e d S t o l e n $3 2 , 1 3 7 $2 7 , 6 0 4 $ 1 3 , 5 3 4 $ 5 , 6 0 4 $ 2 8 , 9 3 8 $ 5 , 2 2 2 $ 8 , 1 2 0 $ 1 5 , 5 1 6 $1 5 , 9 8 9 $120,526$375,171-67.87% Sto l e n I t e m s 73 58 4 5 2 2 6 9 2 8 3 9 3 9 38 338440-23.18% Re p o r t e d R e c o v e r e d $2 0 , 1 5 1 $2 , 7 8 0 $ 6 , 8 7 3 $ 1 , 0 0 0 $ 2 8 , 6 6 4 $ 0 $ 4 , 5 8 0 $ 6 , 6 0 0 $5 , 1 5 1 $55,648$135,821-59.03% Re c o v e r e d I t e m s 10 8 1 4 5 2 1 0 7 3 5 6371-11.27% Re p o r t e d D a m a g e d $1 8 , 0 5 1 $2 , 4 8 0 $ 5 , 4 2 0 $ 3 , 7 7 1 $ 1 2 , 2 1 6 $ 9 , 6 7 9 $ 1 2 , 6 1 8 $ 1 4 , 6 4 1 $3 , 5 7 5 $64,400$109,087-40.96% Da m a g e d I t e m s 30 9 1 6 1 4 2 5 1 8 2 6 1 7 12 137195-29.74% Co u r t Fi n e s a n d F e e s Ju r y T r i a l s 0 2 1 0 1 1 0 0 0 52150.00% Ot h e r Mil e a g e 94 , 3 8 6 78 , 8 9 4 80 , 1 5 6 81 , 1 6 4 86 , 1 2 3 84 , 5 9 3 91 , 6 8 8 97 , 2 4 1 10 0 , 6 3 2 700,491705,561-0.72% Gu n P e r m i t s 51 56 5 7 7 3 5 1 4 7 3 7 4 8 63 432476-9.24% Fin g e r p r i n t s ( n o n c r i m . ) 63 21 2 7 3 4 1 4 2 9 2 6 3 8 61 25018336.61% Re p o r t s ( I B R ) 77 50 6 4 6 7 7 8 6 6 8 4 5 0 85 544596-8.72% Re p o r t s ( N o n - I B R ) 11 5 10 2 1 0 8 1 3 7 1 4 3 1 2 8 1 2 9 1 3 0 13 5 1,0121,060-4.53% Cu r r e n c y v a l u e s r o u n d e d t o t h e d o l l a r . RE V I S E D 0 9 . 1 4 . 1 5 To t a l s m a y c h a n g e b e t w e e n r e p o r t i n g p e r i o d s d u e t o o n g o i n g i n v e s t i g a t i o n s , c a s e u p d a t e s , e r r o r c o r r e c t i o n , a n d l a t e r e p o r t i n g . Is l e o f W i g h t C o u n t y S h e r i f f ' s O f f i c e • M o n t h l y A c t i v i t y R e p o r t - A U G 2 0 1 5 ST A T I S T I C A L I N F O Y T D T O L A S T M O N T H C O M P L E T E D - AU G 09 . 1 4 . 1 5 ME A N ( A V G ) ME D I A N HI G H E S T LO W E S T La w E n f o r c e m e n t 4, 1 8 7 4 , 5 1 6 5 , 2 7 0 3 , 3 2 3 An i m a l S e r v i c e s 99 8 0 1 2 3 6 4 GR A N D T O T A L 4, 2 8 6 4 , 5 9 6 5 , 3 3 4 3 , 3 9 9 Sc h o o l C h e c k s ( n u m ) 45 4 3 9 1 0 Sc h o o l C h e c k s ( t i m e ) 16 : 3 5 1 5 : 4 9 3 1 : 4 9 0 : 0 0 Fa l s e A l a r m s 4 6 1 4 0 Es c o r t s 10 1 5 1 8 5 Tr a f f i c S t o p s 41 9 3 8 0 5 2 8 1 8 8 Tr a f f i c S u m m o n s 25 0 2 0 8 3 4 2 1 0 1 Tr a f f i c C r a s h e s 70 6 2 9 2 5 6 Mis d e m e a n o r C h a r g e s 42 3 6 5 2 2 1 Fe l o n y C h a r g e s 30 3 6 6 6 1 1 Un k n o w n C l a s s 0 0 0 0 GR A N D T O T A L 73 7 2 1 0 7 4 0 Wr i t - L e v y 3 2 6 0 Wr i t - R e p o 3 2 7 1 Ev i c t i o n s 11 1 0 2 0 7 Al l O t h e r C i v i l 93 5 8 1 0 1 , 2 0 7 6 4 2 GR A N D T O T A L 95 2 8 2 3 1 , 2 2 2 6 5 6 Re p o r t e d S t o l e n 15 , 0 6 6 2 1 , 7 9 6 2 8 , 9 3 8 5 , 2 2 2 St o l e n I t e m s 42 4 8 6 9 2 2 Re p o r t e d R e c o v e r e d 6, 9 5 6 3 , 9 6 6 2 8 , 6 6 4 0 mo n e t a r y 46 % Re c o v e r e d I t e m s 8 7 2 1 0 it e m s 19 % Re p o r t e d D a m a g e d 8, 0 5 0 3 , 0 2 8 1 4 , 6 4 1 2 , 4 8 0 Da m a g e d I t e m s 17 1 1 2 6 9 Mil e a g e 87 , 5 6 1 8 9 , 7 6 3 1 0 0 , 6 3 2 7 8 , 8 9 4 Gu n P e r m i t s 54 6 0 7 3 3 7 Fi n g e r p r i n t s ( n o n c r i m . ) 31 4 1 6 1 1 4 Re p o r t s ( I B R ) 68 6 8 8 5 5 0 Re p o r t s ( N o n - I B R ) 12 7 1 1 9 1 4 3 1 0 2 Pr o p e r t y R e c o v e r y (f r o m A v e r a g e ) Is l e o f W i g h t C o u n t y S h e r i f f ' s O f f i c e • M o n t h l y A c t i v i t y R e p o r t - 2 0 1 5 Ca l l s f o r S e r v i c e Tr a f f i c Cr i m i n a l P r o c e s s Mo n e t a r y v a l u e s a r e r o u n d e d to t h e n e a r e s t d o l l a r . T o t a l s ma y c h a n g e b e t w e e n r e p o r t i n g pe r i o d s d u e t o o n g o i n g in v e s t i g a t i o n s , c a s e u p d a t e s , er r o r c o r r e c t i o n , a n d l a t e re p o r t i n g . Pr o p e r t y Ci v i l P r o c e s s Ot h e r 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 14 TOT15 TOT% Change Ja n u a r y 0 0 0 1 0 0 3 1 3 1 8 16 1 3 0 0 152246.7% Fe b r u a r y 0 0 0 0 0 0 0 1 3 4 16 19 2 1 0 0 212519.0% Ma r c h 0 0 0 1 0 0 1 0 2 1 13 13 1 0 0 0 1715-11.8% Ap r i l 0 1 0 1 0 1 2 1 5 6 19 17 2 1 0 0 28280.0% Ma y 0 0 1 0 0 0 2 3 6 3 18 12 0 0 1 0 2818-35.7% Ju n e 0 0 0 0 0 1 1 1 5 7 23 11 2 1 1 0 3221-34.4% Ju l y 0 0 0 0 0 1 4 1 2 4 24 10 1 1 0 0 3117-45.2% Au g u s t 0 0 0 0 0 0 2 1 7 9 11 18 1 1 0 0 212938.1% Se p t e m b e r 0 0 1 2 8 12 0 0 230-100.0% Oc t o b e r 0 1 0 3 10 13 0 0 270-100.0% No v e m b e r 0 0 0 0 3 17 0 0 200-100.0% De c e m b e r 0 0 1 1 0 10 1 0 130-100.0% YT D T O T A L 0 1 1 3 1 3 17 9 41 35 14 4 11 6 10 8 2 0 216175-19.0% GR D T O T A L 0 2 2 21 54 18 4 2 276 20 1 4 20 1 4 2 0 1 4 19 19 7 2 1 6 NO T I C E : T H E D A T A I N T H I S R E P O R T I S D Y N A M I C A N D M A Y C H A N G E A S C A S E S A R E R E C L A S S F I E D , R E C O R D S E X P U N G E D , O R E R R O R S C O R R E C T E D . SO U R C E : I O W S O R M S D A T A A S O F 0 1 . 0 9 . 1 5 F O R A L L 2 0 1 4 D A T A A N D 0 9 . 1 4 . 1 5 F O R 2 0 1 5 D A T A IS L E O F W I G H T C O U N T Y S H E R I F F ' S O F F I C E 09.14.15 Th i s d a t a e x c l u d e d c r i m e r e p o r t s m a d e t o t h e t o w n p o l i c e d e p a r t m e n t s ( S m i t h f i e l d P D a n d W i n d s o r P D ) ; h o w e v e r , t h e y m a y in c l u d e c r i m e s t h a t o c c u r r e d w i t h i n t h o s e s e l f r e p o r t i n g ju r i s d i c t i o n s i f t h o s e c r i m e s w e r e s p e c i f i c a l l y r e p o r t e d t o a n d i n v e s t i g a t e d b y I O W S O . Ho m i c i d e 09 A CR I M E S A G A I N S T P E R S O N S 2 0 1 5 Y T D La r c e n y 23 MV T h e f t 24 0 15 9 1 7 5 Ar s o n 20 0 TOTALS Is l e o f W i g h t C o u n t y S h e r i f f ' s O f f i c e 16 Se l e c t G r o u p A O f f e n s e s 2 0 1 5 ( w / 2 0 1 4 c o m p a r i s o n ) Ra p e 11 A Ro b b e r y 12 0 Ag A s s a u l t 13 A Bu r g l a r y 2 2 0 CR I M E S A G A I N S T P R O P E R T Y 2 0 1 5 Y T D T O T A L 2 0 1 5 Y T D -19.0% -1 9 . 3 % -1 5 . 8 % SCHOOLCOUNTTIME% COUNT% TIME CARROLLTON ELEMENTARY SCHOOL00:000.0%0.0% CARRSVILLE ELEMENTARY SCHOOL00:000.0%0.0% GEORGIE D TYLER MIDDLE SCHOOL00:000.0%0.0% HARDY ELEMENTARY SCHOOL00:000.0%0.0% ISLE OF WIGHT ACADEMY13:52100.0%100.0% SMITHFIELD HIGH SCHOOL00:000.0%0.0% SMITHFIELD MIDDLE SCHOOL00:000.0%0.0% WESTSIDE ELEMENTARY SCHOOL00:000.0%0.0% WINDSOR ELEMENTARY SCHOOL00:000.0%0.0% WINDSOR HIGH SCHOOL00:000.0%0.0% Grand Total13:52100.0%100.0% Note: These times only reflect actions of -NON- SRO Personnel ONLY IWA WAS FULLY OPEN THE LAST WEEK IN AUGUST 09.14.15 AUG 2015 Isle of Wight County Sheriff's Office • Monthly School Check Report RANK NATURE COUNT % TOTAL RANK NATURE COUNT % TOTAL 1 PATROL CHECK 2132 39.97%51FALLS AND RELATED INJURIES5 0.09% 2 BUILDING CHECK 696 13.05%52TRESPASS 4 0.07% 3 CIVIL PAPER 452 8.47%53DIRECT PATROL4 0.07% 4 TRAFFIC STOP 445 8.34%54THREATS 4 0.07% 5 BUSINESS CHECK 270 5.06%55PSYCHIATRIC PROBLEMS4 0.07% 6 CITIZEN ASSIST 169 3.17%56ALARM - ROBBERY4 0.07% 7 SUSPICIOUS PERS./VEH./ACTIVITY 110 2.06%57HARRASSMENT4 0.07% 8 PAPER SERVICE 105 1.97%58OVERDOSE 4 0.07% 9 ALARM - BURGLARY 76 1.42%59OPEN DOOR OR WINDOW4 0.07% 10 DISABLED VEHICLE 74 1.39%60BRUSH FIRE 4 0.07% 11ANIMAL COMPLAINT71 1.33%61BE ON THE LOOKOUT4 0.07% 12PRISONER TRANSPORT70 1.31%62EMERGENCY CUSTODY ORDER3 0.06% 13FINGERPRINTS46 0.86%63SEIZURE 3 0.06% 14ASSIST OTHER JURISDICTION34 0.64%64DOMESTIC ASSAULT - IN PROGRESS3 0.06% 15POLICE INVESTIGATIONS32 0.60%65OTHER OR UNKNOWN PROBLEM3 0.06% 16DOMESTIC - VERBAL ONLY32 0.60%66CAR FIRE 2 0.04% 17ACCIDENT NO INJURIES28 0.52%67FOUND PROPERTY2 0.04% 18RECKLESS DRIVING27 0.51%68STROKE 2 0.04% 19LARCENY PETIT AND GRAND23 0.43%69ABANDONED VEHICLE2 0.04% 20DISTURBANCE-LOUD NOISE21 0.39%70SMELL OR ODOR OF SMOKE2 0.04% 21ACCIDENT UNKNOWN INJURIES20 0.37%71REPOSSESSION2 0.04% 22911 HANG UP19 0.36%72BLEEDING OR HEMORRHAGING2 0.04% 23BUSINESS ASSIST19 0.36%73HIT AND RUN2 0.04% 24HOUSE CHECK18 0.34%74ALARM - UNK TYPE2 0.04% 25EMERGENCY PROTECTIVE ORDER17 0.32%75DIFFICULTY BREATHING2 0.04% 26TRAFFIC HAZARD16 0.30%76PERSONAL PROTECTIVE ORDER2 0.04% 27WELFARE CHECK13 0.24%77DISPUTE (NON-FAMILY)2 0.04% 28FRAUD 13 0.24%78POSSIBLE DOA2 0.04% 29DESTRUCTION OF PROPERTY13 0.24%79CHEST PAIN 1 0.02% 30SHOTS FIRED/PROMISCUS SHOOTING12 0.22%80ATTEMPT SUICIDE1 0.02% 31POLICE ESCORT11 0.21%81LOITERING 1 0.02% 32ACCIDENT WITH INJURIES11 0.21%82POLICE ASSIST RESCUE SQUAD1 0.02% 33EVICTION 10 0.19%83ARCING WIRES DOWN POWER LINES1 0.02% 34DRUG OFFENSES9 0.17%84PUBLIC ASSIST1 0.02% 35DRIVING UNDER THE INFLUENCE9 0.17%85PARKING VIOLATION1 0.02% 36PROJECT LIFESAVER8 0.15%86BURNING COMPLAINT1 0.02% 37ASSAULT NO WEAPONS8 0.15%87RUPTURE GAS LINE1 0.02% 38OFFICER INFORMATION8 0.15%88SCHOOL CHECK1 0.02% 39JUVENILE PROBLEMS8 0.15%89INDECENT EXPOSURE1 0.02% 40DOMESTIC ASSAULT - OCCURRED8 0.15%90SHOOTING 1 0.02% 41COMMUNITY RELATIONS7 0.13%91BITE 1 0.02% 42BURGLARY - RESIDENTIAL7 0.13%92SICK / ILL OR RESCUE1 0.02% 43TRAFFIC CONTROL6 0.11%93LOST PROPERTY1 0.02% 44ALARM - MEDICAL6 0.11%94STOLEN VEHICLE1 0.02% 45DISORDERLY INDIVIDUAL6 0.11%95IDENTITY THEFT1 0.02% 46CIVIL MATTER6 0.11%96ALL OTHERS12 0.22% 47FOOT/BIKE PATROL6 0.11%0.00% 48UNCONSCIOUS OR FAINTING5 0.09%TOTAL 5,334 100% 49TEMPORARY DETENTION ORDER5 0.09%TOP TEN 4,529 84.91% 50 FIGHT IN PROGRESS 5 0.09%09.14.15 NOTE: Prisoner transports include twice daily transport of Animal Shelter work release inmates. PRIOR MONTH TOP TEN FOR COMPARISON 2015 YTD FOR COMPARISON RANK NATURE COUNT % TOTAL RANK NATURE COUNT % TOTAL 1 PATROL CHECK 2,010 39.36%1 PATROL CHECK 12,233 35.68% 2 CIVIL PAPER 531 10.40%2 CIVIL PAPER 3,887 11.34% 3 TRAFFIC STOP 501 9.81%3 TRAFFIC STOP 3,349 9.77% 4 BUILDING CHECK 478 9.36%4 BUILDING CHECK 3,068 8.95% 5 BUSINESS CHECK 220 4.31%5 BUSINESS CHECK 1,596 4.65% 6 CITIZEN ASSIST 156 3.05%6 CITIZEN ASSIST 1,148 3.35% 7 PAPER SERVICE 148 2.90%7 ANIMAL COMPLAINT 848 2.47% 8 ANIMAL COMPLAINT 108 2.11%8 PAPER SERVICE 751 2.19% 9 SUSPICIOUS PERS./VEH./ACTIVITY 105 2.06%9 SUSPICIOUS PERS./VEH./ACTIVITY 628 1.83% 10 ALARM - BURGLARY 86 1.68%10 PRISONER TRANSPORT 564 1.64% T TOP TEN COMBINED 4,343 85.04%T TOP TEN COMBINED 28,072 81.88% T **TOTAL** CALLS (not just top 10)5,107 100.00%T **TOTAL** CALLS YTD (not just top 10)34,286 100.00% CALLS FOR SERVICE • AUG 2015 VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY Extension is a joint program of Virginia Tech, Virginia State University, the U.S. Department of Agriculture, and state and local governments. Virginia Cooperative Extension programs and employment are open to all, regardless of age, color, disability, gender, gender identity, gender expression, national origin, political affiliation, race, religion, sexual orientation, genetic information, veteran status, or any other basis protected by law. An equal opportunity/affirmative action employer. Invent the Future Virginia Cooperative Extension Isle of Wight County 17100 Monument Circle, Suite B Isle of Wight, VA 23397 757-365-6261 Fax: 757-357-9610 email: jaashle2@vt.edu www.vt.edu Isle of Wight Extension Report September 2015 Janet Spencer, Extension Agent, Agriculture & Natural Resources Valerie Nichols, Unit Administrative Assistant Agriculture  Continued to provide support and coordination for the Isle of Wight Master Gardeners (65 active members) and the Historic Southside Master Naturalist Chapter (50 active members)  Provided approximately 5 soil sample kits to local residents  Provided information to 7 individuals concerning pesticide application requirements, soil sampling, land rent, crop variety selection, soil fertility, crop budgets, lawn pests, tree diseases, and vegetable pests  Continued operation of the Isle of Wight Master Gardener Helpline  Master Gardner Plant Clinics continued at the Smithfield Farmer’s market  Continuation of gardening workshops held at Carrollton Library taught by local Master Gardener volunteers  Continued preparations for presentations to be made at the Mid-Atlantic Horticultural Symposium to be held in January  Began initial planning for an adult gardening class and an Entomology class for the Paul D. Camp Encore Learning series  Coordinated and implemented a Peanut Pod Blasting Clinic to analyze peanut samples for maturity so producers could make informed harvest decisions. Approximately 55 samples were analyzed  Attended the Pesticide Safety Educator’s Workshop in Roanoke  Coordinated and implemented the Garden & Field Tent at the IOW county fair. This included volunteer management, tent set-up, exhibit set-up, crop contests and judging, and tent break down  Taught an Entomology training class for the Peninsula Master Gardeners  Coordinated and participated with producer visits within the county for the new Virginia Tech Weed Specialists housed at the Eastern Shore AREC VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY An equal opportunity, affirmative action institution 4-H Youth Development  Coordinated and Implemented the 4-H Tent at the IOW County Fair. This included volunteer management, tent set-up, exhibit development, coordination and oversight of the livestock shows, and tent break down. Outreach and Administrative  Spencer judged adult horticultural entries at the State Fair of Virginia  Spencer participated in a District Program Leader webex meeting  Spencer provided information for one individual via the eXtension “Ask an Expert” program  Spencer worked the peanut booth at the State Fair of Virginia Face-to-face: 650 Calls: 103 Emails: 575 MEMORANDUM   TO: Tony Wilson, Public Works Administrator FROM: Ralph Anderson, Solid Waste Division Manager SUBJECT: Solid Waste Division Litter Pickup DATE: October 5, 2015 I. Solid Waste Division, with the help of the Western Tidewater Regional Jail  Workers, continues to make an effort to keep the County roadways clean. Litter  pick‐up has been at a standstill during the month of September due to the focus  on the recycling program, County Fair and limitation on the available number of  Work Release inmates from the Western Tidewater Regional Jail.        The following is a list where litter is scheduled to be picked up during the month  of October 2015:    Old Stage Hwy: Rte 10 to Berry Hill Rd  Berry Hill Rd: Rte 10 to Old Stage Hwy  Foursquare Rd: Courthouse Hwy to Ting Rd  Titus Creek Rd: Nike Park Rd to Smith`s Neck Rd  Scott`s Factory Rd: Courthouse Hwy to Turner Dr  Bethel Church Ln: Waterworks Rd to Blair`s Creek Dr  Turner Dr: Benns Church Blvd. to Scotts Factory Rd.  Sunset Dr: Courthouse Hwy. to Buckhorn Dr.   PRESS RELEASE      SUBJECT: Town Hall Meeting on October 19, 2015 on Fire and  EMS Service Delivery     CONTACT: Don Robertson  (757) 365‐6202    DATE:  October 6, 2015  There will be a Town Hall Meeting for the residents of Isle of Wight County, VA on October 19, 2015 at 7:00 p.m. at the Robert C. Claud, Sr. Board of Supervisors Room located 17130 Monument Circle, Isle of Wight. The town hall meeting will allow all residents of Isle of Wight County to discuss their concerns on Fire and EMS service delivery with the study team in an open forum. Isle of Wight County Board of Supervisors requested the Virginia Fire Services Board to undertake a study of fire and emergency medical services in Isle of Wight County. The study will be reviewing several areas of responsibility within the county’s fire and rescue services in order to maximize opportunities for improvement and overall enhance the quality and coordination of Fire and EMS service delivery to its citizens.   MEMORANDUM   DATE: October 7, 2015 TO: Anne F. Seward, County Administrator FROM: Don Robertson, Director of Information Resources & Legislative Affairs RE: Windsor Community Meeting _____________________________________________________________ Per the request of Vice Chairman Darden, staff is planning to hold a community meeting to provide an update to citizens in the Windsor District relative to overall progress in the County and other matters of interest. The community meeting is scheduled to be held at 7:00pm on October 22, 2015 at the Windsor Community Building. cc: The Honorable Board of Supervisors Mark C. Popovich, County Attorney