June 9th, 2016 Full AgendaA Community of Choice, Committed to Excellence
Agenda
Board of Supervisors
Isle of Wight County
June 9, 2016
1. Call to Order (5:00 p.m.)
2. Closed Meeting
3. Invocation - The Honorable Joel C. Acree/Pledge of Allegiance (6:00 p.m.)
4. Approval of Agenda
5. Citizens’ Comments
6. Consent Agenda
A. Resolution to Designate July 2016 as Park and Recreation Month
B. Resolution to Transfer Funds from the VDOT Local Funds Capital Account
to the Turner Drive Turn Lane Capital Project Account to Provide for the
Necessary Design Amendment
C. Resolution to Accept and Appropriate Insurance Proceeds from VaCorp Risk
Management for Repairs to a County Vehicle ($660)
D. Resolution to Amend Chapter 2: Financial and Accounting, Article I Central
Purchasing of the Isle of Wight County Policy Manual
E. Resolution to Accept and Appropriate Grant Funds for the Virginia Circuit
Court Records Preservation Program ($20,629)
F. April 14, 2016 Budget Work Session Minutes
G. April 27, 2016 Budget Work Session Minutes
A Community of Choice, Committed to Excellence
H. May 4, 2016 Budget Work Session Minutes
I. May 10, 2016 Special Meeting Minutes
J. May 19, 2016 Regular Meeting Minutes
7. Regional & Inter-Governmental Reports
8. Appointments
9. County Attorney’s Report
A. Resolution to Rescind the Resolution of the Board of Supervisors of Isle of
Wight County, Virginia Amending the County Cash Proffer Policy; Repeal
Chapter 3 Community and Economic Development, Article II, Cash Proffers
from the Isle of Wight County Policy Manual; and, Recommend the Isle of
Wight County, Virginia Planning Commission Make Certain Amendments
to the Isle of Wight County Zoning Ordinance
B. Motion to Authorize the Chairman to Execute a Deed of Easement to
Effectuate the Conveyance of the Sewage Disposal System in the Lawnes
Pointe Subdivision to Hampton Roads Sanitation District
10. Public Hearings
A. Ordinance to Designate as Exempt from Taxation All Real and Personal
Property Owned or Operated by God’s Anointed Touch Ministries
B. Resolution to Approve the Virginia Department of Transportation (VDOT)
FY2017-2022 Secondary Six-Year Improvement Program (SSYIP) and
Construction Priority List
11. County Administrator’s Report
A. Refuse & Recycling Center Schedules - Update
B. Termination of the Municipal Separate Storm Sewer System (MS4) Permit
A Community of Choice, Committed to Excellence
C. Matters for the Board’s Information
1. Monthly Reports: Tax Levies & Collections as of March 2016
2. Isle of Wight County Monthly Fire/Emergency Medical Services
(EMS) Report – Incidents by Zone as of April 2016
3. Isle of Wight Website Statistics/May 2016
4. Boil Water Notice - Rushmere Water System
12. Unfinished/Old Business
A. Business License Rate Increase
B. Motion to Authorize the Chairman to Execute an Agreement with Motorola
to Install an 800 MHz Public Safety Radio System
13. New Business
A. Resolution to Utilize the VDOT Local Funds Capital Account to Front-Fund
the Preliminary Design on the Shirley Drive Sidewalk (UPC 31665) Project
14. Adjournment
ISSUE:
Resolution – Designate July 2016 as Park and Recreation Month
BACKGROUND:
Isle of Wight County residents know that parks and recreation facilities provide places to get active, explore nature, and connect with fellow community members. What many people may not know is that parks and recreation also contribute to improved health outcomes, higher property values and environmental sustainability.
Parks and recreation have the power to strengthen communities,
transform lives and protect the future. That’s why this year, Isle of
Wight County Parks and Recreation joins cities and counties across the country in celebrating the power of parks and recreation through Park and Recreation Month—an annual event created by the National Recreation and Park Association (NRPA) and celebrated in July since 1985. Isle of Wight Parks and Recreation will be celebrating Parks and
Recreation Month with Family Bingo Night at the Otelia J. Rainey
Community Center on Friday, July 22, 2016 and the Movies in the Park
event at Nike Park on Friday, July 29, 2016. The movie will be
Illumination Entertainment’s Minions.
BUDGETARY IMPACT:
There is no direct budgetary impact.
RECOMMENDATION: Adopt a resolution.
ATTACHMENT: Resolution
RESOLUTION TO DESIGNATE JULY 2016
AS PARK AND RECREATION MONTH WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including the County of Isle of Wight,
Virginia; and,
WHEREAS, parks and recreation programs are vitally important to establishing and maintaining the quality of life in our communities, ensuring
the health of all citizens, and contributing to the economic and environmental
well-being of the community and region; and,
WHEREAS, parks and recreation programs build healthy, active
communities that aid in the prevention of chronic disease, provide therapeutic
recreation services for those who are mentally or physically disabled, and also
improve the mental and emotional health of all citizens; and, WHEREAS, parks and recreation programs increase a community’s
economic prosperity through increased property values, expansion of the local
tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and,
WHEREAS, parks and recreation areas are fundamental to the
environmental well-being of the community; and, WHEREAS, parks and natural recreation areas improve water quality,
protect groundwater, prevent flooding, improve the quality of the air we
breathe, provide vegetative buffers to development, and produce habitat for wildlife; and,
WHEREAS, parks and natural recreation areas ensure the ecological
beauty of the community and provide a place for children and adults to connect with nature and recreate outdoors; and,
WHEREAS, the U.S. House of Representatives has designated July as
Parks and Recreation Month; and,
WHEREAS, Isle of Wight County Parks and Recreation will be hosting
events to celebrate Parks and Recreation Month in Isle of Wight, such as
Movies in the Park at Nike Park and Family Bingo Night at the Otelia J. Rainey
Community Center; and, WHEREAS, the Isle of Wight County recognizes the benefits derived
from parks and recreation resources.
NOW THEREFORE, BE IT RESOLVED BY the Isle of Wight
County Board of Supervisors that July 2016 is designated and recognized as
Park and Recreation Month in the County of Isle of Wight.
Adopted this 9th day of June 2016.
Rex W. Alphin, Chairman
Carey Mills-Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
June 9, 2016/jlo/
ISSUE:
Resolution to Transfer Funds from the VDOT Local Funds Capital Account to
the Turner Drive Turn Lane Capital Project Account to Provide for the Necessary Design Amendment
BACKGROUND:
In October 2014, the County initiated design on an eastbound left turn lane at
the intersection of Turner Drive and Route 10/Benn’s Church Blvd. The
purpose of the project is to provide for a safer and more efficient flow of traffic, particularly for school buses and student drivers at Smithfield Middle and High
School. In this regard, the County has applied for and received an allocation
of $300,000 in Federal Regional Surface Transportation Program (RSTP)
funds in FY18 for construction purposes.
In collaboration with Isle of Wight Public Schools during the preliminary
design, it was determined that the original scope for a 150 foot turn lane would
not be adequate to serve traffic volumes, particularly buses, and that the project would be more appropriate as a 250 foot turn lane. This design change requires
additional costs for survey, stormwater engineering, utility coordination, and
state/federal review coordination. The project engineer has agreed to an
amended scope of work with an additional cost of $19,760.00.
BUGETARY IMPACT: The necessary funds are available in the VDOT Local Funds capital account to
cover the amendment costs.
RECOMMENDATION:
Adopt a resolution to transfer funds from the VDOT Local Funds capital
account to the Turner Drive turn lane capital project account to provide for the necessary design amendment.
June 9, 2016/jlo/
ATTACHMENTS:
- Resolution
- Scope and Fee Proposal
RESOLUTION TO TRANSFER FUNDS FROM THE VDOT LOCAL
FUNDS CAPITAL ACCOUNT TO THE TURNER DRIVE TURN LANE CAPITAL PROJECT ACCOUNT TO PROVIDE FOR THE NECESSARY DESIGN AMENDMENT
WHEREAS, the Isle of Wight County Board of Supervisors initiated the
preliminary design phase of UPC 103021 Turner Drive Turn Lane in October
2014 with A. Thomas Morton and Associates, Inc. (AMT) and the original scope of the project called for one hundred fifty (150) feet of turn lane; and,
WHEREAS, in collaboration with Isle of Wight County Public Schools,
and specifically due to the high volume of school bus traffic at the intersection, one hundred fifty (150) feet was found to be insufficient for future growth
projections; and,
WHEREAS, AMT has submitted a proposed contract amendment to increase the turn lane length from one hundred and fifty (150) feet to two
hundred and fifty (250) feet, or as determined by final design, for an additional
cost of Nineteen Thousand Seven Hundred and Sixty Dollars ($19,760.00);
and,
WHEREAS, additional funds are available in the VDOT Local Funds
capital account to provide for the additional costs.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Isle of Wight County, Virginia, that the County hereby
authorizes transfer of necessary funds from the VDOT Local Funds capital
account to the Turner Drive Turn Lane capital project account to provide for the necessary design amendment.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County, Virginia is authorized to execute all project documents and make such accounting adjustments and execute such agreements and contracts
as necessary to give this resolution effect.
Adopted this 9th day of June 2016.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney
PHONE 757-484-3940 E-MAIL sstewart@amtengineering.com
1520 Breezeport Way, Suite 500, Suffolk, Virginia 23435
May 11, 2016
Jamie Oliver Project Manager Engineering Division County of Isle of Wight P.O. Box 80 County of Isle of Wight, VA 23397 Re: Scope and Fee Proposal Turner Drive Turning Lane Extension (UPC 103021) Dear Ms. Oliver:
A.MORTON THOMAS and Associates, Inc. (AMT) is pleased to provide the County of Isle of Wight this proposed addendum and fee proposal to provide engineering services for design of an extended turning lane to the intersection of Turner Drive and Benns Church Boulevard (Route
10). The original project scope required a 150’ turning lane and the proposed amendment will increase the capacity of the turning lane to 250’ in order to better accommodate anticipated traffic volumes.
This proposal includes geometric improvements required to accommodate the longer turn lane as well as modifications to storm water treatment and collection design. The turning lane will provide full 12’ lane width for 250’ with a 100’ taper and the roadway typical section will remain
without curb and gutter but will provide a 5’ sidewalk. The attached Exhibit 1, dated 5/11/2016 conceptually shows the intended changes. The plans will be resubmitted addressing VDOT’s 60% comments for a 90% submission within 30 working days of notice-to-proceed of this
addendum.
The proposed fee to modify the plans, cost estimate, stormwater calculations and report is $19,760.00 and is detailed in Attachment A. Please call me at 757-561-9031 or e-mail me at sstewart@amtengineering.com if you have any questions or require additional information.
Sincerely,
A. MORTON THOMAS and Associates, Inc.
Stephen E. Stewart, PE, Associate Project Manager
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ISSUE:
Resolution to Accept and Appropriate Insurance Proceeds from
VaCorp Risk Management for Repairs to a County Vehicle ($660)
BACKGROUND: The County has received $660 in insurance proceeds for repairs to a
Sheriff’s Office vehicle. The insurance proceeds need to be accepted
and appropriated to the Risk Management Fund budget for FY 2015-
16.
The department has requested that these insurance proceeds received be
budgeted to the line item that will allow vehicle repairs. Any additional
budget amount required would be done through the Department’s existing available budget.
BUDGETARY IMPACT:
Adoption of the resolution will increase the revenues and expenditures
of the FY 2015-16 Risk Management Fund budget. Department
budgets will be increased by the insurance proceeds in order to accomplish repairs of vehicle.
RECOMMENDATION:
Adopt the resolution to accept and appropriate insurance proceeds and
authorize department budget line items to be increase by the insurance
proceeds amount to repair vehicle.
ATTACHMENTS:
Resolution
RESOLUTION TO ACCEPT AND APPROPRIATE
FUNDING FROM VACORP RISK MANAGEMENT FOR REPAIRS TO A COUNTY VEHICLE
WHEREAS, the County of Isle of Wight, Virginia has received insurance proceeds totaling six hundred sixty dollars ($660) for County vehicle repairs; and, WHEREAS, the insurance proceeds need to be accepted and appropriated to the Risk Management Fund budget for FY 2015-16; and,
WHEREAS, the insurance proceeds need to be budgeted to the department’s
line item for vehicle repairs for FY 2015-16.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia that six hundred sixty dollars ($660) or as much as shall be received from VaCorp Risk Management be accepted and appropriated to the FY 2015-16 Risk Management Fund budget as well as the department’s budget line item be increased by the insurance proceeds amount to repair the vehicle.
BE IT FURTHER RESOLVED that the appropriate department’s budget line
item be increased by the amount of insurance proceeds to repair the vehicle.
Sheriff’s Office Vehicle Repairs $660
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 9th day of June, 2016.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney
ISSUE:
Resolution to Amend Chapter 2: Financial and Accounting, Article
I, Central Purchasing of the Isle of Wight County Policy Manual
BACKGROUND: Staff has reviewed and revised the County’s Purchasing Policy to
reflect changes to the Code of Virginia adopted by the Virginia
General Assembly.
The revisions to the Purchasing Policy previously approved by the
Board of Supervisors in October 2015 are highlighted in the
attached updated Policy and are summarized below:
- Added 6 definitions and two mandatory statute to comply
with the Virginia Public Procurement Act (VPPA). (Section
1-32. (1., 4., 9., 13., 24., 36., 37.,))
- Added clause relating to open-market transportation-related construction under $25,000 to agree with change in the
VPPA. (Section 1-32.3. 5.)
- Added language to allow the optional sale of a K9 to handler
upon retirement of dog or officer. (Section 1-38.3) - Added mandatory change relating to professional services
provisions to delay consideration of exceptions until firms
are ranked, to agree with mandatory provisions of the VPPA.
(Section 1-47.1.1) - Added mandatory change relating to Competitive
Negotiation for information technology to delay
consideration of exceptions of liability provisions in the
RFP. (Section 1-47.2.)
BUDGETARY IMPACT: There is no direct budgetary impact.
RECOMMENDATION: Adopt a resolution to amend Chapter 2: Financial and Accounting, Article I, Central Purchasing of the Isle of Wight County Policy
Manual.
ATTACHMENT:
- Resolution
- Chapter 2: Financial and Accounting, Article I, Central Purchasing of the Isle of Wight County Policy Manual
RESOLUTION TO AMEND CHAPTER 2, FINANCIAL AND
ACCOUNTING, ARTICLE 1, CENTRAL PURCHASING OF THE
COUNTY POLICY MANUAL
WHEREAS, the Isle of Wight County Board of Supervisors 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 Virginia Public
Procurement Act and to add a policy pertaining to the sale of K-9 dogs to K-9 handlers.
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 9th day of June, 2016.
Rex W. Alphin, Chairman
____________________________
Carey Mills Storm, Clerk
Approved as to Form:
____________________________
Mark C. Popovich, County Attorney
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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; October 15, 2015; June 16, 2016)
Contents
DIVISION 1. – GENERALLY ............................................................................................................................. 5
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DIVISION 2. - COMPETITIVE BIDDING ......................................................................................................... 24
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DIVISION 3. - COMPETITIVE NEGOTIATION ................................................................................................ 34
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DIVISION 4. - DEBARMENT .......................................................................................................................... 38
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DIVISION 5. - APPEALS AND REMEDIES FOR BID PROTESTS ....................................................................... 40
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DIVISION 6. - ETHICS IN PUBLIC CONTRACTING .......................................................................................... 45
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DIVISION 7. - Purchasing Card (Pcard) Policy .............................................................................................. 49
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DIVISION 8 – SURPLUS PROPERTY DISPOSAL POLICY ................................................................................. 57
Section 1-71 Surplus Property Disposal ............................................................................................... 57
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DIVISION 1. – GENERALLY
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
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.
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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.
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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. Affiliate. Means an individual or business that controls, is controlled by, or is under common control with another individual or business. A person controls an entity if the person owns, directly or indirectly, more than 10 percent of the voting securities of the entity. For the purposes of this definition ‘‘voting security’’ means a security that (i) confers upon the holder the right to vote for the election of members of the board of directors or similar governing body of the business or (ii) is convertible into, or entitles the holder to receive, upon its exercise, a security that confers such a right to vote. A general partnership interest shall be deemed to be a voting security. 2. 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. 3. Brand name specification. A specification limited to one (1) or more items by manufacturers'
names or catalogue numbers.
4. Business. Means any type of corporation, partnership, Limited Liability Company, association, or sole proprietorship operated for profit. 5. Board of Supervisors. The Board of Supervisors of Isle of Wight County. 6. Competitive negotiation. A method of contractor selection utilizing a written request for
proposal, followed by discussions with responsive, responsible offerors. 7. 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.
8. Construction. Building, altering, repairing, improving or demolishing any structure, building or highway, and any draining, dredging, excavating, grading or similar work upon real property.
9. Construction management contract. Means a contract in which a party is retained by the owner to coordinate and administer contracts for construction services for the benefit of the owner, and
may also include, if provided in the contract, the furnishing of construction services to the owner. 10. Contract. All types of agreements, regardless of what they may be called, for the procurement of goods, services, insurance or construction. 11. Contractor. Any person having a contract with the county.
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12. 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.
13. Design-build contract. Means a contract between a public body and another party in which the party contracting with the public body agrees to both design and build the structure, roadway, or other item specified in the contract. 14. 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.
15. Goods. All material, equipment, supplies, printing and automated data processing hardware and software.
16. 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. 17. 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. 18. Invitation for bids. All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids
19. 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 §2.2-4303.2., Code of Virginia.
20. 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
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limited liability company or other entity, the equity ownership interest in the corporation, partnership, or limited liability company or other entity. 21. 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.
22. 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).
23. Nonprofessional services. Any services not specifically identified as professional services.
24. Potential bidder or offeror, for the purposes of Division 5, Appeals and Remedies for bid protests, means a person who, at the time a public body negotiates and awards or proposes to award a contract, is engaged in the sale or lease of goods, or the sale of services, insurance or construction,
of the type to be procured under the contract, and who at such time is eligible and qualified in all respects to perform that contract, and who would have been eligible and qualified to submit a bid or proposal had the contract been procured through competitive sealed bidding or competitive
negotiation. 25. 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. 26. Person. Any corporation, partnership, business, individual, union, committee, club, other organization or group of individuals.
27. Public contract. An agreement between the county and a nongovernmental source that is enforceable in a court of law.
28. 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. 29. Request for Proposals. All documents, whether attached or incorporated by reference, utilized for soliciting proposals.
30. 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 31. Responsive bidder. A person who has submitted a bid which conforms in all material respects to the invitation to bid.
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32. 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. 33. 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. 34. 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. 35. 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.
36. SWaM business. Means a small, women-owned, minority-owned, or service disabled veteran-owned business or an employment services organization.
37. 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, § 2.2-4303.1, §2.2-4303.2 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. 38. 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. .
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.
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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.
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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
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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. Transportation-related construction, if the aggregate or sum of all phases is not expected to exceed $25,000, may be procured through the open-market procedures for small purchases. 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.
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.
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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
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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.
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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.
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.
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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.
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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.
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.
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No contract or purchase shall be subdivided to avoid the requirements of this article.
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
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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.
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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.
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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." .
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.
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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
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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.
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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.
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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.
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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
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manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract.
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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. .
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:
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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. .
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.
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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.
3. Upon retirement of either a K-9 handler or a K-9 dog used in police work, the handler may request
the purchase the dog for a fee set as fair and reasonable by the Sheriff. Nothing herein shall require the handler to purchase the animal, or require the County to allow the sale.
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DIVISION 2. - COMPETITIVE BIDDING
. 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;
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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.
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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.
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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
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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. . For complex equipment, supplies, repairs or construction projects, pre-bid conferences with prospective
bidders may be called, when deemed necessary, by the purchasing agent.
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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 after the time and
place described in the solicitation for public opening.
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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.
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
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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.
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.
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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.
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.
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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. .
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.
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.
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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.
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.
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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
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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.
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. .
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
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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.
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.
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:
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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.
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.
. 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
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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. s. 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.
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DIVISION 3. - COMPETITIVE NEGOTIATION
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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.
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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.
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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.
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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. .
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.
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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. .
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.
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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. For architectural or engineering services, the public body shall not request or require offerors to list any exception to proposed contractual terms and conditions, unless such terms and conditions are required by statue, regulation, ordinance, or standards developed pursuant to § 2.2-1132, until
after the qualified offerors are ranked for negotiations. 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 and pursuant to contractual terms and conditions acceptable to the public body, 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
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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.
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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. In the case of a proposal for information technology, as defined in § 2.2-2006, a public body shall not require an offeror to state in a proposal any exception to any liability provisions contained in the Request for Proposal. Negotiations shall then be conducted with each of the
offerors so selected. The offeror shall state any exception to any liability provisions contained in the Request for proposal in writing at the beginning of negotiations, and such exceptions shall be considered during negotiation. 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
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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.
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DIVISION 4. - DEBARMENT
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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.
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.
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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.
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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.
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DIVISION 5. - APPEALS AND REMEDIES FOR BID PROTESTS
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.
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.
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.
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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.
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
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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. .
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.
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. .
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.
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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.
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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
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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.
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 an initial meeting with the Purchasing Agent for review of the facts and determination of any findings. If it is requested, the protest may
be appealed to a disinterested panel selected according to the written procedures. This will give a further opportunity to present pertinent information and to receive a written decision containing findings of fact by the panel. 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.
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DIVISION 6. - ETHICS IN PUBLIC CONTRACTING
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. .
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).
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:
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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.
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.
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.
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.
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,
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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.
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.
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.
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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.
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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
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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
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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
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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.
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• 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.
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• 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
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• 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 Pcards 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.
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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).
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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:
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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.
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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.
June 9, 2016/mwt
ISSUE:
Resolution to Accept and Appropriate Grant Funds for the Virginia
Circuit Court Records Preservation Program ($20,629)
BACKGROUND:
The Circuit Court Records Preservation Program (CCRP) is a part of the Library of Virginia's Local Records Services Branch. Funded through a
$1.50 of the Clerk’s recordation fee, the CCRP provides resources to
help preserve and make accessible permanent circuit court records.
The CCRP also provides resources needed to process and house the
circuit court records that are transferred to the State Archives for
safekeeping and increased access; as well as track, duplicate and
maintain circuit court microfilm stored in the Library’s media vault.
The County has been awarded funding in the amount of $20,629 for the
preservation and accessibility of its records.
BUDGETARY IMPACT:
There is no required local match.
Adoption of the attached resolution will increase the revenues and
expenditures of the FY 2015-16 General Operating Budget by the
amount of grant funds received.
RECOMMENDATION:
Adopt a resolution to accept and appropriate funding for the
Virginia Circuit Court Records Preservation Program.
ATTACHMENT: - Resolution - Correspondence from the Library of Virginia
RESOLUTION TO ACCEPT AND APPROPRIATE GRANT
FUNDS FROM THE VIRGINIA CIRCUIT COURT RECORDS PRESERVATION PROGRAM WHEREAS, the Board of Supervisors of the County of Isle of Wight,
Virginia has been awarded grant funding from the Virginia Circuit Court
Records Preservation Program; and,
WHEREAS, a grant award in the amount of twenty thousand six hundred twenty-nine dollars ($20,629) or so much as shall be received needs
to be accepted and appropriated to appropriate line item in the FY 2015-16
Operating Budget of the County of Isle of Wight County. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by
the Board of Supervisors of Isle of Wight County, Virginia, that twenty
thousand six hundred twenty-nine dollars ($20,629) or so much as shall be
received be accepted and appropriated to the appropriate line item in the FY 2015-16 Operating Budget of the County of Isle of Wight, Virginia.
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 9th day of June, 2016.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to form:
Mark C. Popovich, County Attorney
1
BUDGET WORK SESSION OF THE ISLE OF WIGHT COUNTY BOARD
OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD
ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON
THURSDAY, THE FOURTEENTH DAY OF APRIL IN THE YEAR TWO
THOUSAND AND SIXTEEN AT 10:00 A.M.
PRESENT: Rex W. Alphin, Chairman
Rudolph Jefferson, Vice-Chairman
Joel C. Acree
Richard L. Grice
William M. McCarty
Also Attending: Sanford B. Wanner, Interim County Administrator
Donald T. Robertson, Director of Information
Resources and Legislative Affairs
Carey Mills Storm, Clerk
CALL TO ORDER
The budget work session was called to order by Chairman Alphin at 10:00
a.m.
An overview of Interim County Administrator Wanner’s recommendations
proposed in the FY2016-17 Operating and Capital Budget was provided
which included a three cents’ increase in the real estate tax and focuses on a
new public radio system, school personnel, cost of living adjustment for
County personnel; the required Comprehensive Plan update, upgrades for
technology for the Sheriff’s Department, a sports complex, Windsor gym
replacement, senior programs provided by the Parks and Recreation
Department and an initiative for employees on call in utilities/building
maintenance. Other contributions contained in the budget are for $400,000 in
funding for the school division with an additional $350,000 in an attempt to
recoup of the funds associated with the Davis Bacon Act and related to the
Capital budget are funds for the waterline to provide an alternate source and
three roof projects as requested by the Schools.
2
the Board received a briefing from Gerald H. Gwaltney, Commissioner of
Revenue, regarding the methodology used to forecast revenues in the
categories of major/minor local revenues and local/state excise taxes.
The Board received a briefing from Mary Beth Johnson, Director of Human
Resources, regarding the County’s Pay and Classification Plan adopted in
August 2015; the County’s healthcare plan and its projected increase for
FY2017 of 9.86% to maintain the current 80/20 County/employee
contribution split at an approximate cost to the County of $256,000; and,
legislation related to VRS contributions.
Staff was tasked with further developing a proposed budget that contains a
4% reduction in expenditures and a 10% reduction in the Board’s
compensation line item which does not negatively impact services and
operational requirements for consideration by the Board at its public hearing
on the matter on April 21, 2016.
ADJOURNMENT
At 12:15 p.m., the budget work session was declared adjourned.
__________________________
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
1
BUDGET WORK SESSION OF THE ISLE OF WIGHT COUNTY BOARD
OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD
ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON
WEDNESDAY, THE TWENTY-SEVENTH DAY OF APRIL IN THE
YEAR TWO THOUSAND AND SIXTEEN AT 10:00 A.M.
PRESENT: Rex W. Alphin, Chairman
Rudolph Jefferson, Vice-Chairman
Joel C. Acree
Richard L. Grice
William M. McCarty
Also Attending: Sanford B. Wanner, Interim County Administrator
Michael W. Terry, Director of Budget & Finance
Donald T. Robertson, Director of Information
Resources and Legislative Affairs
Carey Mills Storm, Clerk
CALL TO ORDER
The budget work session was called to order at 10:00 a.m. and the Board
received an overview of the proposed FY2016-17 Operating and Capital
Budget by Donald T. Robertson, Director of Information Resources and
Legislative Affairs which recommends a $.03 increase in the real estate tax
rate and focuses on core responsibilities in the areas of education,
replacement of the public safety radio system and maintenance of the
Compensation Plan.
The consensus of the Board was to include $59,647 in the budget for full
health insurance increase to County employees; 350,000 for the School
Division; and, not include $250,000 for an amphitheater at the Fairgrounds.
The funding included in the budget for concerts at Heritage Park was
discussed and it was suggested that following this year, a separate line item
for these concerts be established.
2
Programs under the purview of the Parks & Recreation Department were
discussed and the substantial increase in requested funding was explained by
staff.
Mr. Robertson was requested to research and report back to the Board on the
funding allocation for the Parks & Recreation senior trip and to make the
amount more realistic to actual past expenses.
Interim County Administrator Wanner was requested to research and provide
a report back to the Board relative to the $30,000 increase in part-time wages
under the Parks and Recreation Department.
In future budgets, staff was requested to reflect which programs under the
Parks and Recreation Department are self-funded and Interim County
Administrator Wanner offered to provide a report outlining where revenues
come from the various programs.
The Board received a briefing from Mr. Terry on the accounting process by
which revenue and expenditures are demonstrated and Robertson offered to
investigate and provide specifics on cost and recovery programs.
The Board received a briefing from Tony Wilson, Director of Public Works,
regarding repairs, maintenance and fuel under the fleet program.
The Board received an explanation by Don Jennings, Director of Utility
Services relative to repairs and maintenance associated with water services.
Sheriff Marshall addressed the need for a 911 public safety radio system
replacement, a Carrollton precinct and five additional deputies.
//
Supervisor Jefferson relayed a request from the Rushmere Volunteer Fire
Department for a $100,000 increase in that Department’s Operating Budget
the operation of that Department.
3
//
At 1:00 p.m., the Chairman continued the budget work session to Tuesday,
May 4, 2016 at 2:00 p.m.
__________________________
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
1
BUDGET WORK SESSION OF THE ISLE OF WIGHT COUNTY BOARD
OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD
ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON
WEDNESDAY, THE FOURTH DAY OF MAY IN THE YEAR TWO
THOUSAND AND SIXTEEN AT 2:00 P.M.
PRESENT: Rex W. Alphin, Chairman
Rudolph Jefferson, Vice-Chairman
Joel C. Acree
Richard L. Grice
William M. McCarty
Also Attending: Mark C. Popovich, County Attorney
Sanford B. Wanner, Interim County Administrator
Michael W. Terry, Director of Budget & Finance
Donald T. Robertson, Director of Information
Resources and Legislative Affairs
Carey Mills Storm, Clerk
CALL TO ORDER
The budget work session was called to order at 2:00 p.m. and Donald T.
Robertson, Director of Information Resources and Legislative Affairs
provided a recap of staff’s proposed balanced budget in the amount of $71.8
million which focuses on core services and includes a three-cent increase in
the real estate tax rate to fund education and replace the County’s public
safety radio system.
The Board directed staff to eliminate a 2% COLA for staff and to review the
further cost of covering the health insurance premium increase. It was the
Board’s desire to retain $350,000 for the school system with the implied
understanding any unused school funds are to be placed in a “rainy day”
fund.
2
At the suggestion of Supervisor Grice for a separate fund for the Heritage
Park concert, Michael W. Terry, Director of Budget and Finance, offered to
investigate if a special revenue fund could be established.
//
The Board discussed Chairman Alphin’s request of $1,500 for the
RiverKeeper Program and $15,000 for Smart Beginnings. Following
discussion on the need to fund areas related to public safety first, it was the
consensus of the Board that these requests for funding be further discussed
following a more finalized budget.
Supervisor Jefferson presented a request from the Rushmere Volunteer Fire
Department for an increase in its operating budget in the amount of
$100,000. Following discussion regarding the need for all volunteer
departments to follow proper protocol with respect to funding requests,
Supervisor Acree offered to discuss the Rushmere Volunteer Fire
Department’s funding request and that it might not have an appropriate
operating budget for the services provided with the Chairman of the Fire &
Rescue Association.
Following a discussion with Sheriff Mark Marshall regarding the issue of
public safety, it was the concensus of the Board that safety is of paramount
concern and is at a place of criticality. Understanding of current fiscal budget
constraints was noted and the Board was advised that areas of reduction
within the Sheriff’s Department by his staff are being investigated.
The Board discussed a suggestion for reductions in Public Utilities/Non-
Departmental of $100,000; Comprehensive Services of $100,000; stormwater
capital of $200,000; and, stormwater retro-fit projects of $100,000 and Don
Jennings, County Engineer, advised that the majority of his budget is funded
by the stormwater fee and no draw on the General Fund is required. The
Board was further advised that Comprehensive Services is a mandated
program.
3
Following a break, a recommendation to re-examine the number of high-
ranking officials in Fire & Rescue and utilization of a third party collection
agency within the Department of Emergency Services was discussed, as well
as the possibility of doing so could potentially open up citizens to harsh
collection methods and the Board discussed considering a subscription in the
future based on validation of income.
Following a suggestion for a reduction of $220,000 in the Parks and
Recreation Department, the Board tasked Interim County Administrator
Wanner with providing to the Board at its next meeting two options for a
decreased Operating and Capital Budget. One option is to include no
increase in the real estate tax rate, but both should include funding for two
deputies this year, all cuts recommended by the Board today, possible
funding for two non-profit organizations; and, fund $750,000 to the School
Division while ensuring that services to the community will not be
compromised.
//
Chairman Alphin adjourned the budget work session at 4:00 p.m.
________________________
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
1
MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF
SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR. BOARD ROOM
OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON TUESDAY, THE
TENTH DAY OF MAY IN THE YEAR TWO THOUSAND AND SIXTEEN
AT 7:00 P.M.
PRESENT: Rex W. Alphin, Chairman
Rudolph Jefferson, Vice-Chairman
Joel C. Acree
Richard L. Grice
William M. McCarty
Also Attending: Mark C. Popovich, County Attorney
Sanford B. Wanner, Interim County Administrator
Michael W. Terry, Director of Budget & Finance
Donald T. Robertson, Director of Information
Resources and Legislative Affairs
Carey Mills Storm, Clerk
CALL TO ORDER
At 7:00 p.m., the meeting was called to order.
Chairman Alphin delivered the invocation and the Pledge of Allegiance was
conducted.
FY2016-17 Operating and Capital Budget
The following three options were presented by staff for the Board’s
consideration:
Option A – Two Cents Tax Increase – 87 Cents
Eliminate 2% COLA $260,000
Salary Savings $210,000
Option B – One Cent Tax Increase – 86 Cents
Eliminate 2% COLA $260,000
Salary Savings $291,000
2
Adjust EMS Billing Revenues $100,000
Eliminate Skid Steer Vehicle (Public Works) $ 50,000
Reduce Transfer to Capital Projects $100,000
Reduce Sewer Capital Maintenance $ 50,000
Option C – No Tax Increase – 85 Cents
Eliminate 2% COLA $260,000
Salary Savings $291,000
Adjust EMS Billing Revenues $100,000
Eliminate Skid Steer Vehicle (P.W.) $ 50,000
Reduce Transfer to Capital Projects $119,000
Reduce Sewer Capital Maintenance $ 50,000
Reduce Transfer to Schools Capital Maintenance $250,000
Eliminate Regional Library Salary Raises $ 11,000
Reduce Landfill Closure Costs $ 79,000
Supervisor Acree moved that the Budget be adopted as amended with
Option (C) which was adopted by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
The following actions were taken in conjunction with the adoption of the
FY2016-17 Operating and Capital Budget:
Supervisor McCarty moved that the following Ordinance be adopted:
AN ORDINANCE APPROVING THE COUNTY BUDGET AND
APPROPRIATING FUNDS FOR EXPENDITURES CONTEMPLATED
DURING THE FISCAL YEAR BEGINNING JULY 1, 2016 AND ENDING
JUNE 30, 2017, AND REGULATING THE PAYMENT OF MONEY OUT OF
THE COUNTY TREASURY
BE IT ORDAINED by the Board of Supervisors of Isle of Wight County,
Virginia as follows:
Section 1: Except as provided in Section 2 of this Ordinance, the County of
Isle of Wight, Virginia, Proposed Annual Operating Budget, Fiscal Year 2016-
2017, dated April 1, 2016, along with the associated Uniform Fee Schedule
3
attached hereto as Exhibit A, and submitted by the County Administrator, as
amended by the Isle of Wight County Board of Supervisors, is approved as
the County budget for the fiscal year beginning July 1, 2016, and ending June
30, 2017.
Section 2: The County Budget shall be subject to transfers authorized by
law and to such further amendments by ordinance as the Board of
Supervisors may deem appropriate.
Section 3: The amount named in the Proposed Annual Operating Budget, as
amended, for County operations for the fiscal year beginning July 1, 2016, and
ending June 30, 2017, in the following fund amounts are hereby appropriated
from the revenues of the County for use by the various funds of the County
Government referenced in said budget for the said fiscal year. Any
appropriation to a specific fund but identified as a revenue source in another
fund is specifically designated and restricted for accounting and transfer
purposes only and not for any other expenditure from the source fund.
Fund 2016-2017
General Fund $ 71,006,849
Capital Projects Fund 8,537,000
Debt Service Fund 7,008,573
Grants Fund 199,314
Emergency 911 Fund 1,587,096
County Fair Fund
Heritage Park Concert Series
Fund
399,337
247,000
Social Services Fund 3,234,646
Comprehensive Services Act
Fund 429,297
Technology Services Fund 1,017,279
Risk Management Fund 554,303
Public Utility Fund 9,873,376
Stormwater Management
Fund 1,707,208
4
Section 4: Pursuant to Section 22.1-94 of the Code of Virginia, the following
categorical appropriations are hereby made for Isle of Wight County Public
Schools (“Public Schools”) for the fiscal year beginning July 1, 2016, and
ending June 30, 2017:
Educational Category 2016-2017
Instruction $ 44,618,757
Administration, Attendance
and Health 2,344,472
Pupil Transportation 3,631,463
Operation and Maintenance 5,056,868
School Food Serv./Other Non-
Instr. Operations 2,094,749
Facilities 0
Debt and Fund Transfers 0
Technology 2,092,045
Contingency Reserves 0
Total Funds Budget $ 59,838,354
Section 5: All payments from funds shall be made in accordance with
general law and applicable ordinances and resolutions of the County, except
as otherwise specifically provided herein; provided, however, that payments
from the funds appropriated for the support, maintenance and operation of
the Public Schools of the County shall be made by the County Treasurer
upon warrants drawn by the proper officer or officers of the School Board of
the County; and provided further that payments from the funds appropriated for
expenditures of the Department of Social Services shall be made by the
County Treasurer upon presentation of warrants drawn by the Social
Services Director and approved by the Isle of Wight County Board of Social
Services.
Section 6: The Board of Supervisors hereby authorizes the issuance and sale
of the County’s revenue anticipation note or notes (the "Note" or "Notes"),
pursuant to Section 15.2-2629 of the Code of Virginia (1950, as amended)
(the "Virginia Code"), in the aggregate principal amount of up to $25,000,000
5
in anticipation of the collection of the taxes and revenues of the County for
the fiscal year ending June 30, 2017. If either the County Administrator or
County Treasurer deems that the cash flow needs and the financial condition
of the County warrant the issuance of a Note or Notes, the County
Administrator or the County Treasurer (each hereinafter referred to as the
"County Representative") is authorized and directed to accept a proposal or
proposals for the purchase of the Note or Notes and to approve the terms of
the Note or Notes, provided that the aggregate principal amount of the Notes
shall not exceed $25,000,000, none of the Notes shall mature later than
June 30, 2017, and no interest rate on any of the Notes shall exceed 7%. The
County Representative and the Clerk of the Board of Supervisors (the
"Clerk") are hereby authorized and directed to execute an appropriate
negotiable Note or Notes and to affix the seal of the County thereto and such
County Representative is authorized and directed to deliver the Note or
Notes to the purchaser thereof. The County Representative, and such officers
and agents of the County as the County Representative may designate, are
hereby authorized and directed to take such further action as they deem
necessary regarding the issuance and sale of the Note or Notes and all actions
taken by such officers and agents in connection with the issuance and sale of
the Note or Notes are ratified and confirmed.
Section 7: The Board of Supervisors hereby authorizes the lease financing of
various County vehicles and equipment essential to the performance of
governmental functions as provided for in the adopted Fiscal Year 2016-2017
Operating and Capital Budget. The funds made available under the lease will
be deposited with a banking institution pursuant to an Escrow Agreement
following procurement of a financial institution in accordance with the
Virginia Public Procurement Act. The County Administrator is authorized to
execute the lease agreement and financing documents on behalf of the
County and the County Clerk shall affix the official seal of the County to the
Financing Documents and attest the same.
Section 8: The amounts appropriated by this Ordinance shall be expended
for the purpose of operating the County government during the 2016-2017
Fiscal Year; and, with the exception of the items the payment of which is
fixed by law, shall be expended in such proportions as may be authorized by
the County Administrator from time to time.
6
Section 9: All outstanding encumbrances, by contract or fully executed
purchase order, as of June 30, 2016, shall be offset by an equal amount of
assigned Fund Balance for expenditure in the subsequent fiscal year; provided,
however, that if performance of a contract or purchase order has been
substantially completed, an expenditure and estimated liability shall be
recorded in lieu of an encumbrance. All restricted or assigned fund balance
project or program balances standing on the books of the County at the close
of business for the fiscal year ending June 30, 2016 in the amount of
$50,000,000 or less that have not been expended or lawfully obligated or
encumbered are hereby reappropriated to be used to fund the purposes,
programs, or projects for which the funds were appropriated.
Section 10: Notwithstanding the provisions of Section 9, all funds
appropriated for Public Schools which are unexpended at year-end shall
revert back to the County’s General Fund pursuant to Section 22.1-100 of the
Code of Virginia for the purpose of replenishment of the Unassigned Fund
Balance for payments made by the County on behalf of the Isle of Wight
County School Board to comply with the Davis-Bacon Act for the Georgie D.
Tyler Middle School project.
Section 11: The payment and settlement, made during the 2016-2017 Fiscal
Year, of any claim of any kind against the County; and final judgments, with
interest and costs, obtained against the County during the 2015-2016 Fiscal
Year, shall be paid upon the certification of the County Attorney and the
order of the County Administrator from funds appropriated to the Risk
Management Fund; or from the funds appropriated for the expenditures of
the Fund involved in the subject matter of the claim or judgment; or from the
General Fund; as the County Administrator shall find necessary.
Section 12: Except as otherwise specifically required by law or approved by
the Board of Supervisors by resolution, any salary or wage expenditure, and
any expenditure of any kind or description having the effect of a salary or
wage payment, shall be made only for a position, the description of which is
identified in the County Pay and Compensation Plan or which has received
prior approval of the Board of Supervisors. Any other expenditure shall be
calculated to result in total expenditures within the plan stated in a specific
County Budget account, except that transfers of unexpended and
7
unencumbered balances or portions thereof, initiated by a department
director and approved by the County Administrator, are permitted between
accounts; provided, however, that a quarterly report of such transfers shall be
submitted to the Board of Supervisors.
Section 13: The County Administrator is authorized and directed to do all
lawful things necessary to implement and administer the County Budget for
Fiscal Year 2016-2017.
Section 14: All ordinances and resolutions, or parts thereof, in conflict with
the provisions of this Ordinance, to the extent of such conflict, are repealed.
Section 15: This Ordinance shall be in effect on and after July 1, 2016, and it
shall not be published.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson moved that the following Ordinance be adopted:
AN ORDINANCE TO IMPOSE TAX RATES FOR
ISLE OF WIGHT COUNTY, VIRGINIA FOR
FISCAL YEAR JULY 1, 2016 THROUGH JUNE 30, 2017
ADOPTED THIS 10th DAY OF MAY, 2016
BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of the
County of Isle of Wight, Virginia, to-wit:
That there is hereby levied for the fiscal year beginning July 1, 2016, a tax of
$0.85 per one hundred dollars of assessed valuation on all taxable real estate,
and all real and personal property of public service corporations in
accordance with Section 58.1-2606 of the Code of Virginia (1950, as
amended); and
8
That there is hereby levied for the fiscal year beginning July 1, 2016, a tax of
$0.70 per one hundred dollars of assessed valuation on machinery and tools
used in businesses as defined in Section 58.1-3507 of the Code of Virginia
(1950, as amended); and
That there is hereby levied for the fiscal year beginning July 1, 2016, a tax of
$1.00 per one hundred dollars of assessed valuation of boats, watercraft and
aircraft as defined in Section 58.1-3606 of the Code of Virginia (1950, as
amended); and
That there is hereby levied for the fiscal year beginning July 1, 2016, a tax of
$4.50 per one hundred dollars of assessed valuation on all tangible personal
property, as defined and classified in Sections 58.1-3500 through 3504 and
Section 58.1-3506 of the Code of Virginia (1950, as amended) except that all
household goods and personal effects as defined and classified in Section
58.1-3504 are exempt from said levy; and
That, in accordance with the Personal Property Tax Relief Act, as adopted by
the Virginia General Assembly, the car tax relief for Calendar Year 2015 shall
be set at fifty percent (50%) for vehicles over $1,000.00 in value on the first
$20,000.00 in value and for vehicles valued at $1,000.00, or under, the
percentage of relief shall be one hundred percent (100%).
That there is hereby levied for the fiscal year beginning July 1, 2016, a tax of
$0.32 per one hundred dollars of assessed valuation on watercraft, including
vessels and ships, weighing five tons or more, excluding privately owned
pleasure boats and watercraft used for recreational purposes only; and
That there is hereby levied for the fiscal year beginning July 1, 2016, a tax of
one-half (1/2) of one percent (1%) of the gross receipts on telephone and
telegraph companies, water companies, heat, light and power companies,
except electric suppliers, gas utilities and gas suppliers as defined in Section
58.1-400.2 of the Code of Virginia (1950, as amended) and pipeline
distribution companies as defined in Section 58.1-2600 of said Code,
accruing from sales to the ultimate consumer in the County of Isle of Wight,
Virginia, pursuant to Section 58.1-3731 of the Code of Virginia (1950, as
amended), however, in the case of telephone companies, charges for long
9
distance telephone calls shall not be included in gross receipts for purposes
of license taxation.
BE IT FURTHER ORDAINED:
That this Ordinance be entered in the Minutes of this Board of Supervisors
and that a copy thereof by the Clerk of this Board, be furnished to the
Treasurer of this County.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor McCarty moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT
THE ISLE OF WIGHT COUNTY CODE BY AMENDING
AND REENACTING CHAPTER 10. – LICENSES, ARTICLE II. – LICENSE
TAX SCHEDULE, DIVISION 4. – WHOLESALERS, SECTION 10-24.
– AMOUNT OF TAX
WHEREAS, as part of the development of the Fiscal Year 2016-2017 Isle of
Wight County Operating Budget it has been determined that there is a need
to increase the amount of tax imposed upon wholesalers in accordance with
the provisions of the Code of Virginia; and
WHEREAS, the Board of Supervisors deems it proper and necessary to so
amend the Isle of Wight County Code;
NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board
of Supervisors that Chapter 10. – Licenses, Article II. – License Tax Schedule,
Division 4. – Wholesalers, Section 10-24. – Amount of Tax is hereby
amended and reenacted as follows:
Sec. 10-24. - Amount of tax.
10
(a) The license tax on each wholesaler shall be fifty dollars or five cents per
one hundred dollars of purchases, whichever is greater, when said
purchases exceed four thousand dollars.
(b) When a merchant conducts both a wholesale and a retail business, the
merchant may, at his election, pay the license tax as a retailer on the
wholesale portion of his business, as provided in section 10-21. (Ord.
No. 2010-14-C, 9-23-10.)
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO ADOPT CHAPTER 1: PERSONNEL,
ARTICLE III, SECTION 3.10 OF THE COUNTY POLICY MANUAL
WHEREAS, the County has recognized that there are certain designated
non-exempt employees who are required to be available by telephone after
regular working hours in order to respond in a reasonable period of time
when called to non-planned/non-scheduled work requiring the immediate
attention of their department; and
WHEREAS, the County has established guidelines for the compensation of
on-call duty, under Chapter 1: Personnel, Article III, Section 3.10 of the
County Policy Manual; and
WHEREAS, the Board of Supervisors desires to adopt Chapter 1: Personnel,
Article III, Section 3.10 of the County Policy Manual to afford compensation
for on-call duty in accordance with policy guidelines; and
NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article
III, Section 3.10 of the County Policy Manual is hereby amended as follows:
ARTICLE III
Compensation Plan
11
(Revised October 7, 1999, April 7, 2005, December 15, 2005, April 18, 2006, June 1, 2006,
April 16, 2015, October 1, 2015, July 1, 2016)
Section 3.10
(Effective July 1, 2016)
On-Call Compensation
It is the County’s policy to provide on-call compensation for non-exempt
employees who are required to be available by telephone after regular
working hours and to respond in a reasonable period of time when called to
non-planned/non-scheduled work requiring the immediate attention of their
department. Department Heads identify and the County Administrator
approves those positions considered essential to County operations after
normal working hours, thus eligible for on-call compensation, which shall be
paid at the amount of one dollar ($1.00) per hour for each hour on-call
outside of the employee’s regular scheduled work hours and 24 hours on
Saturday and on Sunday. Employees designated with an on-call duty status
that are actually called out to work will receive a minimum of two (2) hours
of pay for each time they are called out.
An employee who is on approved sick leave or annual leave for a full day
would not be eligible for on-call compensation on that day. Time spent in
on-call duty status shall not be counted as hours worked for the purposes of
calculating overtime. Hours worked for the purpose of calculating overtime
begins with the notification that work is required and when the employee’s
total hours worked for a work period exceeds the overtime threshold, the
County’s Overtime policy applies (Article III, Section 3.4).
Requirements for on-call duty are as follows:
Be available for immediate contact; and
Be able to personally report to the emergency or other designated location
within one (1) hour of original notification or the reasonable response time as
designed by the employee’s Department Head; and
12
Be able to satisfactorily perform their duties, including complying with the
County’s Use of Alcohol and Controlled Substances Policy (Article XI,
Section 11.4).
Employees who fail to comply with or meet any of the enumerated on-call
duty requirements may be subject to disciplinary action up to and including
termination.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO APPROVE THE POSITION CLASSIFICATION AND
COMPENSATION PLAN AND
EMPLOYEE HEALTH INSURANCE PLAN OFFERINGS
FOR FISCAL YEAR 2016-2017
WHEREAS, the Board of Supervisors has approved the FY 2016-2017 Annual
Operating Budget; and,
WHEREAS, in accordance with County Policy (Chapter 1: Personnel, Article
II, Position Classification Plan and Article III, Compensation Plan), the
Position Classification and Compensation Plan containing the Salary
Schedule and Schematic List of Classes assigned to Salary Grades has been
prepared as referenced in the attached exhibit in accordance with the
Approved FY 2016-2017 Annual Operating Budget; and,
WHEREAS, the FY 2016-2017 Position Classification and Compensation
Plan and the remaining 1.337% salary adjustment required by the Virginia
Retirement System for full-time employees hired prior to July 1, 2012 only;
and,
WHEREAS, the next Employee Health Insurance Plan Year takes effect July
1, 2016; and,
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WHEREAS, the County participates in The Local Choice Health Insurance
Program through Anthem and offers two plans; and,
WHEREAS, The Local Choice Anthem Key Advantage 250 Plan and Key
Advantage 500 Plan are recommended to the Board of Supervisors as the two
plan offerings available for the plan year beginning July 1, 2016.
NOW, THEREFORE, BE IT RESOLVED that the FY 2016-2017 Position
Classification and Compensation Plan is hereby adopted and shall remain in
effect until amended by the Board and the remaining 1.337% salary
adjustment required by the Virginia Retirement System is hereby provided
effective July 1, 2016 for full-time employees hired prior to July 1, 2012.
BE IT FURTHER RESOLVED that Health Insurance Plan offerings of The
Local Choice Anthem Key Advantage 250 Plan and Key Advantage 500 Plan
are available for employees with employer and employee contribution rates
effective July 1, 2016 as referenced in the attached exhibit.
BE IT FURTHER RESOLVED that eligibility for participation in the Health
Insurance Plan offerings is as follows: All regular full-time employees of the
County, to include Appointees and Registrar, as well as elected officials to
include Constitutional Officers and Board of Supervisors Members, as well as
local state-supported employees of the Isle of Wight Department of Social
Services.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor McCarty moved that the following Resolution be adopted:
Member Resolution
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
14
Supervisor McCarty moved that the following Resolution be adopted:
Employer Resolution
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor McCarty moved that the following Resolution be adopted:
RESOLUTION TO ADOPT THE
FY 2017-2026 CAPITAL IMPROVEMENTS PLAN
WHEREAS, in accordance with Section 15.2-2239 of the Code of Virginia,
the Isle of Wight County Planning Commission has prepared and
recommended a comprehensive plan for the physical development of the
County; and,
WHEREAS, for planning purposes, capital improvement projects have been
identified and listed for consideration along with their respective costs in the
FY 2017-2026 Capital Improvements Plan; and,
WHEREAS, the Board of Supervisors deems it appropriate to adopt a capital
improvements plan in accordance with the Code of Virginia.
NOW THEREFORE BE IT RESOLVED that the Board of Supervisors of the
County of Isle of Wight, Virginia adopts the FY 2017- 2026 Capital
Improvements Plan.
The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson moved that the following Resolution be adopted:
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Resolution to Authorize Execution of the Revised Agreement for Use and
Support of a Solid Waste Disposal System By and Between Isle of Wight
County and the Southeastern Public Service Authority
Whereas, Isle of Wight County (the “County”) is a member of the
Southeastern Public Service Authority (“SPSA”) which was created by
concurrent resolution of the Cities of Chesapeake, Franklin, Norfolk,
Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight
and Southampton (the “Localities”) in 1976; and
Whereas, between 1983 and 1984, the County and the other Localities
entered into individual Use and Support Agreements with SPSA, providing,
among other things, that each member jurisdiction would deliver
substantially all of the disposable solid waste generated or collected by or
within or under the control of the Localities to SPSA; and
Whereas, all of the Use and Support Agreements will expire on January 24,
2018; and
Whereas, on March 17, 2016, the Board of Supervisors of Isle of Wight
County did adopt a resolution authorizing the Chairman to execute a new
Use and Support Agreement with SPSA as presented; and
Whereas, the SPSA Board has since agreed to make certain revisions to the
proposed form of the Use and Support Agreement; and
Whereas, the Board of Supervisors of Isle of Wight County has been
informed, advised and considered the revisions contained therein and
continue to support Isle of Wight County’s continued participation in SPSA.
Now, Therefore, Be It Resolved by the Isle of Wight County Board of
Supervisors that the Chairman of the Board of Supervisors is hereby
authorized to execute the revised Agreement for Use and Support of a Solid
Waste Disposal System by and between Isle of Wight County, Virginia and
the Southeastern Public Service Authority upon review and approval of the
County Attorney.
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The motion was adopted by a vote of (5-0) with Supervisors Acree, Alphin,
Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
//
Chairman Alphin adjourned the meeting at 9:00 p.m.
______________________________
Rex W. Alphin, Chairman
___________________________
Carey Mills Storm, Clerk
1
REGULAR SCHEDULED MEETING OF THE ISLE OF WIGHT COUNTY
BOARD OF SUPERVISORS HELD IN THE ROBERT C. CLAUD, SR.
BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE ON
THURSDAY, THE NINETEENTH DAY OF MAY IN THE YEAR TWO
THOUSAND AND SIXTEEN AT 5:00 P.M.
PRESENT: Rex W. Alphin, Chairman
Rudolph Jefferson, Vice-Chairman
Joel C. Acree
Richard L. Grice
William M. McCarty
Also Attending: Mark C. Popovich, County Attorney
Sanford B. Wanner, Interim County Administrator
Donald T. Robertson, Director of Information
Resources and Legislative Affairs
Carey Mills Storm, Clerk
CALL TO ORDER/CLOSED MEETING
At 5:00 p.m., the meeting was called to order by Chairman Alphin.
County Attorney Popovich requested a closed meeting pursuant to Section
2.1-3711(A) of the Code of Virginia to discuss the appointment of specific
appointees to County boards, committee or authorities pursuant to
subsection 1; regarding consultation with legal counsel employed by this
public body regarding the Request for Proposal to allow hunting on the
Blackwater Property pursuant to subsection 7; to discuss the expansion of an
existing business where no previous announcement has been made of the
business’ interest in expanding its facilities in the community, pursuant to
subsection 5; to discuss a prospective business where no previous
announcement has been made of the business’ interest in locating its
facilities in the community, pursuant to subsection 5; regarding consultation
with legal counsel employed by this public body regarding actual litigation
with the International Paper Company, pursuant to subsection 7; and,
regarding consultation with legal counsel employed by this public body
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regarding the Davis-Bacon Act violations by the schools pursuant to
subsection 7.
Supervisor Jefferson moved that the Board enter the closed meeting for the
reasons stated by County Attorney Popovich. The motion was adopted by a
vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty
voting in favor of the motion and no Supervisors voting against the motion.
Supervisor Acree moved that the Board return to open meeting. The motion
was adopted by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor McCarty moved that the following Resolution be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this
date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby
certifies that, to the best of each member's knowledge, (i) only public business
matters lawfully exempted from open meeting requirements by Virginia law
were discussed in the closed meeting to which this certification resolution
applies, and (ii) only such public business matters as were identified in the
motion convening the closed meeting were heard, discussed or considered by
the Board of Supervisors.
VOTE
AYES: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
3
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
//
INVOCATION/PLEDGE OF ALLEGIANCE
At 6:00 p.m., the invocation was delivered by Supervisor McCarty who led
the Pledge of Allegiance to the Flag.
APPROVAL OF AGENDA
Supervisor McCarty moved that the agenda be adopted as amended to
include under the County Administrator’s report, add a discussion regarding
the reconfiguration of Route 10/258 intersection at Benns Church Boulevard
and under New Business, add discussion regarding the Board’s June 16, 2016
meeting date.
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
CITIZENS’ COMMENTS
Michael Uzzle, Hardy District, requested the Board to investigate and
respond back to him regarding the School’s purchase of a propane bus.
Mr. Wanner was requested to investigate Mr. Uzzle’s safety concern.
Jose Hernandez of Carrollton requested an official response from the Board
regarding his request for the elimination of offensive language currently
being used by the Treasurer’s office on overdue water bills and that the
vehicle license fee also be pro-rated for consistency with all other County
fees.
4
Mr. Wanner was requested to investigate the possibility of making certain
language changes on past due notices and to review the possibility of vehicle
license fees being pro-rated.
Pete Green, Hunters Run Lane, addressed the potential for impact on current
response times for deputies if SRO’s are placed in the schools. He made
reference to $200,000 being budgeted for a concert and commented on the
price associated with the cleanup of stormwater runoff retention ponds.
Beth Haywood, Leah Dempsey, Liam Baylor, Mark Lee, Lee Duncan and Greg
Brown spoke in favor of the Nike Park Bike Trail.
CONSENT AGENDA
Supervisor Jefferson moved that the following Consent Agenda be adopted:
A. Accept and Appropriate Insurance Proceeds from VaCorp Risk
Management for Repairs to a County Vehicle ($4,994)
B. Resolution to Request VDOT Add Lake Forrest Circle (Route 1119),
Windsong Way (Route 1112), and Beacon Hill Way (Route 1117) in
Eagle Harbor Subdivision into the State Secondary System of
Highways
C. Resolution to Request VDOT Add Harbor Drive (Route 1977) in Eagle
Harbor Subdivision into the State Secondary System of Highways
D. Resolution to Request VDOT Add Batten Cove (Route 1058),
Alexandria Way (Route 1055), Tyler Court (Route 1056), and Settlers
Ridge (Route 1057) in Founders Pointe Phase 2 Subdivision into the
State Secondary System of Highways
E. Revised Isle of Wight County Emergency Operations Plan
F. Authorize the Chairman to Extend the Employment Agreement with
the Interim County Administrator on a Month-to-Month Basis
5
G. Resolution to Appoint Supervisor Rex W. Alphin to the Hampton
Roads Transportation Accountability Commission (HRTAC)
H. April 21, 2016 Regular Meeting Minutes
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
REGIONAL & INTER-GOVERNMENTAL REPORTS
Interim County Administrator Wanner reported on presentations received
at the Hampton Roads Planning District Commission relative to the coastal
resiliency and protection to the region’s military bases from the threat of
floods.
Mr. Wanner reported on a presentation received at the most recent meeting
of the Hampton Roads Transportation Planning Organization regarding a
conversion study on I-64 for the HOV lanes and a report on sea level rise and
storm surges and associated impacted on certain roadways.
Mr. Wanner reported on the responsibilities associated with the
Transportation Accountability Commission.
County Attorney Popovich advised unanimous approval was reached by all
participating localities of the Southeastern Public Service Authority Use &
Support Agreement.
APPOINTMENTS
Supervisor Jefferson moved that Don Robertson be reappointed to serve as
the ex-officio member on the Chamber of Commerce. The motion passed
unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor McCarty moved that Don Robertson be reappointed to serve as
the ex-officio member on the Comprehensive Services Act/Policy &
6
Management Team. The motion passed unanimously by a vote of (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor McCarty moved that Nancy Mayo be reappointed to serve as the
Ex-Officio/Fiscal Agent on the Comprehensive Services Act/Policy &
Management Team. The motion passed unanimously by a vote of (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Acree moved that Caroline Hurt be reappointed to serve an
additional term on the Paul D. Camp Community College Board. The motion
passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Jefferson moved that Ms. Wiggins be reappointed to serve on the
Social Services Board representing the Hardy District. The motion passed
unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
Supervisor Jefferson moved that Patricia Sowell be reappointed to serve on
the Social Services Board representing the Carrsville District. The motion
passed unanimously by a vote of (5-0) with Supervisors Acree, Alphin, Grice,
Jefferson and McCarty voting in favor of the motion and no Supervisors
voting against the motion.
SPECIAL PRESENTATIONS/APPEARANCES
The Board received an update from Sarah McCoy, Government &
Community Affairs Manager, Port of Virginia, on port activity relative to
forecasted port volumes, specifics on Norfolk International Terminals,
Portsmouth Marine Terminal, Virginia International Gateway and Newport
News Marine Terminal volumes, velocity challenges and mitigation,
economic development advances, and port competition.
Mr. Wanner was requested to set up a tour of the Port for the Board.
7
The Board received maintenance updates for roadways in the County, to
include paving, mowing and ditch maintenance, from Jerry Kee, VDOT
Franklin Residency Assistant Administrator
Chairman Alphin notified Mr. Kee about bank erosion occurring on Joyner’s
Bridge Road; requested traffic counts on Stephens and See-Gar Drives; and,
advised that highway sprayers are not changing stoplights.
Supervisor McCarty notified Mr. Kee about shoulder erosion occurring along
Reynolds Drive.
Supervisor Acree advised Mr. Kee that the shoulder of Reynolds Drive is in
need of repair and ditches on Rainbows Way, Longview Drive and Route 17
between Bartlett and O’Meara Drive need to be cleared.
Supervisor Jefferson requested evaluation of Burwells Bay and Wrenn’s Mill
roads due to their narrowness and he notified Mr. Kee that mailboxes on
Burwells Bay Road are protruding out into the roadway creating a safety
hazard.
Lee Duncan, Wharf Hill Brewing Company, accepted a framed certificate as
Entrepreneur of the Year.
COUNTY ATTORNEY’S REPORT
A resolution was presented by County Attorney Popovich responsive to the
City of Suffolk’s facilitation of a water distribution system line in the
Western Branch pump station and the City of Suffolk’s need to convey such
line to the Western Tidewater Water Authority.
Supervisor Acree moved that the following Resolution be adopted:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR
TO ENTER INTO AN AGREEMENT WITH THE
WESTERN TIDEWATER WATER AUTHORITY
FOR THE TRANSFER OF THE
WESTERN BRANCH PIPELINE TO THE
8
WESTERN TIDEWATER WATER AUTHORITY
AND TO EXECUTE CERTAIN RELATED DOCUMENTS
WHEREAS, for the purpose of public benefit from the use of contracted
surface water capacity, the Western Tidewater Water Authority (the
“Authority”), the City of Suffolk (“Suffolk”), and Isle of Wight County (“Isle
of Wight”) entered into that certain Western Tidewater Regional Water
Agreement, dated September 29, 2009 (the “2009 Agreement”); and,
WHEREAS, the 2009 Agreement provides that, subject to capital cost
payments by Suffolk and Isle of Wight, Suffolk shall design and construct a
water transmission pipeline for the transmission of raw water from the City
of Norfolk Western Branch Pump Station to Suffolk’s Lonestar Lakes (the
“Western Branch Pipeline”); and,
WHEREAS, the Western Branch Pipeline is complete and all capital cost
payments therefore are current; and,
WHEREAS, the 2009 Agreement remains in full force and effect and
provides for the transfer of the Western Branch Pipeline to the Authority;
and,
WHEREAS, the Authority, Suffolk and Isle of Wight desire to complete the
transfer for the Western Branch Pipeline to the Authority.
NOW, THEREFORE, BE IT RESOLVED, by the Isle of Wight County Board
of Supervisors, that the Interim County Administrator is hereby authorized
to execute on behalf of Isle of Wight County a transfer agreement by and
among the Authority, Suffolk, and Isle of Wight for the purpose of
transferring Suffolk’s right, title, and interest in and to the Western Branch
Pipeline, together with such other documents or instruments as may be
necessary and appropriate to effectuate such transfer, including, but not
limited to, a bill of sale conveying the pipeline and related personality to the
Authority, a utility easements assignment and assumption agreement
assigning certain related pipeline easements to the Authority, and a Tax
Status Maintenance Agreement, the form of such transfer agreement being
materially consistent with the agreement attached hereto as Exhibit A.
9
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
County Attorney Popovich presented a proposed Water and Sewer
Agreement between the Town of Smithfield and Isle of Wight County for the
Board’s consideration.
Supervisor McCarty moved that the following Agreement be approved:
Water and Sewer Services Agreement By and Between Isle of Wight County,
Virginia and the Town of Smithfield, Virginia
This Agreement is made and entered into this ___ day of
_____________________, 2016 by and between Isle of Wight County, Virginia, a
body politic of the Commonwealth of Virginia (hereinafter referred to as “the
County”), and the Town of Smithfield, Virginia, a Virginia municipal
corporation situate in Isle of Wight County, Virginia (hereinafter “the
Town”).
Witnesseth:
Whereas, the County and the Town each own, operate and maintain
separate water and sewer systems which systems have been subject to
pending agreements that affect these respective utilities; and,
Whereas, the Town and the County wish to continue their relationship
whereby the Town shall provide water to the Gatling Pointe and Gatling
Pointe South subdivisions and Battery Park service area; the County shall
provide water to the Town from time to time as the Town may need
additional water to service its customers; and the Town shall continue to
provide sewer collection services for the Gatling Pointe and Gatling Pointe
South subdivisions; and
Now, Therefore, in consideration of the mutual promises and covenants
contained herein, it is agreed as follows:
10
Article 1
Water
1. The County and Town acknowledge and agree that, effective July 1,
2016, the receiving party shall pay the providing party $6.10 per 1,000
gallons of water provided during the term of this agreement. Billing
shall be provided by the providing party to the receiving party on a bi-
monthly basis. After the close of the fiscal year, or as soon as
practicable thereafter, the parties shall complete a true-up schedule
usage, rates and annual billings for the prior fiscal year, which reflects
the actual audited use of the water being provided to the receiving
party.
2. The County and Town agree and acknowledge that the sale of water
from the Town to the County is intended to provide the amount of
water needed for the County to supply water to its customers in the
Gatling Pointe and Gatling Pointe South subdivisions and other lots
within the Gatling Pointe/Battery Park service area, which areas lie
outside the Town limits and which are currently being served by the
Town in an amount estimated to be approximately One Hundred
Fourteen Thousand Five Hundred (114,500) gallons per day.
3. The County shall make water available to the Town on an as needed
basis in the event that the Town is unable to provide sufficient water
for service to its customers, provided there is sufficient capacity for the
needs of the Town in the County’s system.
4. The Town shall be responsible for any and all capital, maintenance,
operational or other costs associated with the delivery of County water
to Town customers within its jurisdictional limits. The County shall
be responsible for any and all capital, maintenance, operational or
other costs associated with the delivery of Town water to County
customers within its jurisdictional limits.
5. The Town acknowledges and agrees that the water provided by the
County is treated water. As such, the Town agrees that such treated
water cannot and shall not be mixed with untreated water, all in
11
accordance with applicable statutory and regulatory requirements of
the Commonwealth of Virginia. The County shall be responsible for
meeting applicable water quality requirements at the point where
County water enters the Town system, and the Town shall be
responsible for meeting applicable water quality requirements after
that point including with respect to all water delivered by the Town to
the Gatling Pointe subdivisions and other lots within the County’s
Gatling Pointe/Battery Park service area.
6. The parties hereto agree that if any incident should occur which may
result in financial penalties or civil actions, then such incident shall be
investigated by a third party, independent engineering firm to be
agreed upon by the parties. The cost for such investigation shall be
borne equally by the parties. In the event such investigation
determines that the Town or County is solely or partly responsible for
damages caused by the incident and such investigation results are
agreed upon by the parties, the responsible party shall be solely and
individually responsible for any and all financial penalties or civil
actions. In the event that the parties cannot agree to the results of the
third party investigation the parties agree to submit the matter to
binding arbitration.
Article 2
Sewer
1. The County and Town acknowledge that sewerage flows from the
Gatling Pointe residential subdivision and other lots within the
County’s Gatling Pointe/Battery Park service area may continue to
flow through a portion of the Town’s public sewer force main system
prior to discharge into the Hampton Roads Sanitation District sewer
interceptor. The Town agrees that said flows may continue flowing
through its system, and that the Town shall be responsible for the
costs of maintaining all public sewer force main lines within the
Town’s boundaries.
2. In consideration of this continuing obligation to maintain all sewer
force main lines within the Town’s boundaries, the County agrees to
pay the Town a monthly surcharge in the amount of $2.50 per month
12
for each residential and commercial connection which shall be paid by
the County on a bi-monthly basis.
3. Both the Town and County shall comply with their respective
obligations as set forth in their respective Special Orders by Consent
with VDEQ, recognizing the interdependency and integrity of their
respective public sewer collection systems.
4. The County acknowledges the Town’s ownership of the sewer force
main located within the Town’s boundaries and that the Town
reserves the right to allow connections to such force main within the
Town’s boundaries at its sole discretion, without interference from the
County, either by connection to a facility which discharges to the force
main or by direct connection to the force main. The Town
acknowledges that any such additional connections to the Town’s
sewer force main may impact the County’s sewer system. Therefore,
the Town shall notify the County ninety (90) days prior to any final
action by the Town Council which may result in the authorization of
new connections which are not authorized as of the effective date of
this agreement. The purpose of this notice is to give the County an
opportunity for review and comment. If such proposed additional
connection(s) would result in impacts that require upgrades to the
County’s sewer system infrastructure, the Town hereby agrees to take
whatever actions it deems necessary in order to provide the County
with the necessary upgrade costs. Any additional upgrades, beyond
what is required for the approved impacts, shall be performed at the
sole expense of the party seeking such upgrades to their system.
5. The County acknowledges that the Town’s sewer force main
discharges to the Hampton Roads Sanitation District (HRSD)
wastewater conveyance system and that the pressure in the HRSD
system may from time to time adversely affect operations of both the
Town’s and the County’s waste water sewer systems. The County
further acknowledges that the Town has no authority or control over
the pressure in the HRSD system. Neither party bears any
responsibility for any adverse pressures nor bears any responsibility for
any costs that the other may incur resulting from any measures to
mitigate the adverse impacts, including costs related to any
13
enforcement activities for sewer system overflows as a result thereof.
However, if any party makes changes to the sewer system to mitigate
the adverse impacts from HRSD, such party shall notify the other party
of such mitigation measures.
6. Notwithstanding the provisions of Section 5 above, the parties agree
that any adverse pressures resulting in sanitary sewer overflows which
may result in financial penalties or civil actions pursuant to the Special
Order by Consent with VDEQ shall be investigated by a third party,
independent engineering firm, to be agreed upon by the parties. Costs
for such investigation shall be borne equally by the parties. In the
event such investigation determines that the Town or County is solely
or partly at fault for such sanitary sewer overflow and such
investigative results are agreed upon by the parties, the responsible
party shall by solely and individually responsible for any and all
financial penalties or civil actions imposed under the Special Order by
Consent. In the event the parties cannot agree to the results of the
independent third party investigation, the parties agree to submit the
matter to binding arbitration.
Article 3
Term
This agreement shall be in effect for a period of two (2) years from the
effective date
Article 4
Water and Sewer Task Force
In further consideration hereof, the parties agree that they will form a task
force to include representatives from the County of Isle of Wight, the Town
of Smithfield and the Town of Windsor (the “Task Force”). The purpose of
the Task Force is to enter into discussions for the long term planning for
water and sewer utility services to all current and future customers of the
three localities. The Task Force shall emphasize cooperation among the
parties so as to plan for and secure water and sewer services for all
customers, both within the towns and the county, with the goal of
establishing stable and affordable rates over the long term. The Task Force
14
shall provide each of the three localities with its recommendations for such
future operations no later than December 31, 2016.
Witness the following signatures to this Agreement, the Isle of Wight
County Board of Supervisors having authorized its County Administrator to
execute this Agreement on behalf of the County pursuant to a motion
adopted by the Isle of Wight County Board of Supervisors on
__________________________, 2016 and the Smithfield Town Council having
authorized the Town Manager to execute this Agreement on behalf of the
Town pursuant to a resolution adopted by the Smithfield Town Council on
____________________________, 2016.
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Public Hearings
An Ordinance to Amend and Reenact the Isle of Wight County Code,
Appendix B, Zoning: Article III, Use Types and Article IV, Zoning Districts
and Boundaries in Order to Add Wholesale Sales to the List of Commercial
Use Types, to Modify the Definition of Warehousing and Distribution as an
Industrial Use Type, and to Provide for Wholesale Sales as a Use Under the
Appropriate Zoning District Provision
Richard Rudnicki, Assistant Director of Planning & Zoning, presented the
proposed ordinance amendment.
Chairman Alphin called for persons to speak in favor of or in opposition to
the proposed ordinance amendment.
Upon no one appearing to speak, the public hearing was closed and
comments from the Board were requested by Chairman Alphin.
Supervisor McCarty moved that the following Ordinance be adopted:
AN ORDINANCE TO AMEND AND REENACT THE FOLLOWING
SECTIONS OF THE ISLE OF WIGHT COUNTY CODE, APPENDIX B,
15
ZONING: ARTICLE III, USE TYPES AND ARTICLE IV, ZONING
DISTRICTS AND BOUNDARIES IN ORDER TO ADD WHOLESALE
SALES TO THE LIST OF COMMERCIAL USE TYPES, TO MODIFY THE
DEFINITION OF WAREHOUSING AND DISTRIBUTION AS AN
INDUSTRIAL USE TYPE, AND TO PROVIDE FOR WHOLESALE SALES
AS A USE UNDER THE APPROPRIATE ZONING DISTRICT
PROVISIONS.
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-
6000. Commercial Use Types and Section 3-7000 Industrial Use Types;
Article IV Zoning Districts and Boundaries, Part 2. Rural Agricultural
Conservation (RAC) District, Part 4. Village Center (VC) District, Part 9.
Limited Commercial (LC) District, Part 10. General Commercial (GC)
District, Part 11. Limited Industrial (LI) District, Part 12. General Industrial
(GI) District, Part 13. General Industrial Conservation (GIC) District, Part
17. Planned Development Commercial Park (PD-CP) District, Part 18.
Planned Development Mixed Use (PD-MX) District, Part 19. Planned
Development Industrial Park (PD-IP) District of the Isle of Wight County
Code be amended and reenacted as follows:
• Sec. 3-6000. - Commercial use types.
Adult entertainment establishment.\ An establishment having a substantial
or significant portion of its stock in trade books, magazines and other
periodicals which are distinguished or characterized by their emphasis on
matter depicting, describing or related to "specified sexual activities" or
"specified anatomical areas," or an establishment with a segment or section
devoted to the sale or display of such material. This use includes any adult
16
bookstore, adult mini-motion-picture theater, adult picture theater, cabaret,
massage parlor, drug paraphernalia store, or tattoo parlor.
Agricultural service.\ 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.
Antique shop.\ A place offering primarily antiques for sale. An antique for the
purposes of this ordinance shall be a work of art, piece of furniture,
decorative object, or the like, of or belonging to the past, at least thirty (30)
years old.
Auction establishment.\ A structure or enclosure where goods and/or
livestock are sold by auction on a recurring basis. Expressly excluded from
this use are non-recurring auctions of property, possessions, estates, and
other items located at the premises where the auction is being conducted.
Bed and breakfast.\ A dwelling or portion thereof, in which lodging is
provided by the owner or operator who resides on the premises. This use
offers short-term lodging rooms and meals for transient guests, none of who
remain for more than fourteen (14) consecutive nights each. This definition
shall include the term tourist home.
Boarding house.\ A single-family dwelling unit, or part thereof, with three (3)
or more rooms that are rented individually or collectively by long-term
residents (at least month-to-month tenants) as opposed to overnight or
weekly guests. A boarding house may make provisions for serving meals.
Boat repair yard.\ See "marina" listed under commercial use types.
Boating and fishing facilities.\ Facilities catering to the general public,
whether an admission is charged or not, where provisions are made for
fishing from the shoreline or from a pier and/or launching or rental of boats
are available on-site.
Business support service.\ Establishment or place of business engaged in the
sale, rental or repair of office equipment, supplies and materials, or the
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provision of services used by office, professional and service establishments.
Typical uses include office equipment and supply firms, small business
machine repair shops, convenience printing and copying establishments,
mail and packaging stores, as well as temporary labor services.
Business or trade school.\ A use providing education or training in business,
commerce, language, or other similar activity or occupational pursuit, and
not otherwise defined as an educational facility, either primary and
secondary, or college and university, or as a home occupation.
Campground.\ Any site, lot, parcel or tract of land on which accommodations
for temporary occupancy are located or may be placed, including cabins,
tents, and recreational equipment, recreational vehicles, and which is
primarily used for recreational purposes and retains an open air or natural
character.
Campground, workforce.\ A small campground facility intended for the
temporary workforce routinely required by establishments in the community
for periods of up to one hundred and twenty (120) days at a time, and are
intended to have only the minimum essential services necessary for
recreational vehicles.
Car wash.\ Washing and cleaning of vehicles. Typical uses include automatic
conveyor machines and self-service car washes.
Commercial equipment repair, accessory to dwelling.\ The repair and/or
maintenance of mechanical, electrical, or electronic devices and equipment,
such as, computers, televisions, lawnmowers, household appliances, machine
parts, and other similar devices.
Commercial indoor amusement.\ Establishments which provide games of
chance, skill or scoring as other than an incidental use of the premises.
Games would include pinball and video machines, pool and billiard tables
and other similar amusement or entertainment devices, whether or not they
are coin-operated, and also card games, bingo, and off-track betting. Typical
uses include game rooms, pool halls, video arcades, and bingo parlors.
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Commercial indoor entertainment.\ Predominantly spectator uses conducted
within an enclosed building. Typical uses include motion picture theaters,
drama theaters, concert or music halls.
Commercial indoor sports and recreation.\ Predominantly participant uses
conducted within an enclosed building. Typical uses include bowling alleys,
ice and roller skating rinks, indoor racquetball, squash courts, swimming,
and/or tennis facilities, archery and indoor shooting ranges and similar uses.
Commercial outdoor entertainment/sports and recreation.\ Predominantly
spectator uses conducted in open or partially enclosed or screened facilities.
Typical uses include motor vehicle, boat, motorcycle or animal racing
facilities/complexes, drive-in movies, miniature golf, amphitheaters and
outdoor amusement parks, motorized cart and motorcycle tracks, and
motorized model airplane flying facilities. Professional and semi-professional
athletic fields shall also be included in this use.
Commercial outdoor swimming pool and tennis facility.\ Outdoor pools or
tennis facilities operated by a commercial entity that are open to the general
public usually requiring membership or some form of payment.
Construction office, temporary.\ A trailer used as a temporary office during a
construction operation. This use includes construction office trailers
occupied in conjunction with residential or nonresidential development.
Construction sales and service.\ Establishments or places of business
primarily engaged in retail or wholesale sale, from the premises, of materials
used in the construction of buildings or other structures, but specifically
excluding motor vehicle or equipment supplies otherwise classified herein.
Typical uses include building material stores and home supply
establishments.
Contractor office and storage facility.\ An establishment or place of business
engaged in the construction of residential or commercial structures including
trades that assist in building construction or remodeling including
carpentry, electrical, masonry, painting, metalworking, flooring installation,
ductwork, plumbing, heating, au conditioning, roofing, and other similar
trades.
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Convenience store.\ Establishments primarily engaged in the provision of
frequently or recurrently needed goods for household consumption, such as
prepackaged food and beverages, limited household supplies and hardware.
Crematorium.\ A location used for cremation containing properly installed,
certified apparatus for this process.
Dance hall.\ Any establishment open to the general public where dancing is
permitted and a cover charge is directly or indirectly required for entry into
the establishment. However, a restaurant licensed to serve food and
beverages having a dance floor with an area not exceeding ten (10) percent of
the total floor area of the establishment shall not be considered a dance hall.
Equipment sales and rental.\ Establishments primarily engaged in the sale or
rental of tools, trucks, tractors, construction equipment, and similar
industrial equipment. Included in this use type is the incidental storage,
maintenance, and servicing of such equipment.
Flea market.\ Occasional or periodic commercial activities held in an open
area or enclosed structure where groups of sellers rent space on a short-term
basis to display, barter, or sell goods to the general public. A fee may be
charged for expected buyers for admission, or a fee may be charged for the
privilege of offering or displaying such merchandise. A flea market is
composed of semi-closed or outdoor stalls, stands, or spaces.
Funeral home.\ Establishments engaged in undertaking services such as
preparing the dead for burial, and arranging and managing funerals. This use
excludes crematorium, which is defined separately.
Garden center.\ 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.
Gasoline station.\ A facility for the retail sale of motor vehicle fuels, oils, and
accessories, where repair is incidental, where no more than two (2)
abandoned vehicles or other motor vehicles shall be stored on the premises.
May include the sale of propane or kerosene as an accessory use.
20
General store, country.\ A single store, the ground floor area of which is four
thousand (4,000) square feet or less and which offers for sale, primarily, most
of the following articles: bread, milk, cheese, candy, papers and magazines,
and general hardware articles. Gasoline may also be offered for sale but only
as a secondary activity of a country general store.
Golf course.\ A tract of land for playing golf, improved with tees, greens,
fairways, hazards, and which may include clubhouses and shelters. Included
would be executive or par three (3) golf courses.
Golf driving range.\ A limited area on which golf players do not walk, but
onto which they drive golf balls from a common driving tee.
Hospital.\ A building or group of buildings having room facilities for one (1)
or more patients, used for providing services for the inpatient medical or
surgical care of sick or injured humans and which may include related
facilities such as laboratories, outpatient departments, training facilities,
central service facilities, ambulance stops and helicopter landing sites, and
other incidental and subordinate uses integral to hospital operations.
Hospital, special care.\ A special care hospital shall mean an institution
rendering care primarily for patients with mentally-related illness, or under
treatment for alcoholism, substance abuse, etc.
Hotel/motel/motor lodge/inn.\ A building or group of attached or detached
buildings containing lodging units intended primarily for rental or lease to
transients by the day or week. Such uses generally provide additional
services such as daily maid service, restaurants, taverns, or public banquet
halls, ballrooms, and meeting rooms and/or recreation facilities.
Kennel, commercial.\ The boarding, breeding, raising, grooming or training of
two (2) or more dogs, cats, or other household pets of any age not owned by
the owner or occupant of the premises.
Laundry.\ Establishments primarily engaged in the provision of laundering,
cleaning or dyeing services other than those classified as personal services.
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Typical uses include bulk laundry and cleaning plants, diaper services, or
linen supply services.
Lawn and garden services.\ Establishments primarily engaged in performing
a variety of lawn and garden services, including Bermuda sprigging services,
cemetery upkeep, garden maintenance, garden planting, lawn care, lawn
fertilizing services, lawn mowing services, lawn mulching services, lawn
seeding services, lawn spraying services, lawn sprigging services, mowing
highway center strips and edges, seeding highway strips, sod laying and turf
installation.
Manufactured home sales.\ Establishment primarily engaged in the display,
retail sale, rental, and minor repair of new and used manufactured homes,
parts, and equipment.
Marina.\ A use for docking or mooring of more than four (4) boats (excluding
paddle or rowboats) or providing services to boats, including servicing and
repair, sale of fuel and supplies, and provisions of lodging, goods, beverages.
A yacht or boat club shall be considered a marina.
Medical clinic.\ A facility providing medical, psychiatric, or surgical service
for sick or injured persons exclusively on an outpatient basis including
emergency treatment, diagnostic services, training, administration and
services to outpatients, employees, or visitors. This use may include
ambulance stops, helicopter landing sites, and other incidental and
subordinate uses integral to providing outpatient care. This would include
medical offices in excess of ten thousand (10,000) square feet of floor area.
Mini-warehouse.\ A building designed to provide rental storage space in
cubicles where each cubicle has a maximum floor area of four hundred (400)
square feet. Each cubicle shall be enclosed by walls and ceiling and have a
separate entrance for the loading and unloading of stored goods.
Motor vehicle dealership, new.\ The use of a building, land area or other
premises for the display of new and used automobiles, trucks, vans, or
motorcycles for sale or lease, including warranty repair work and other major
and minor repair service conducted as an accessory use.
22
Motor vehicle dealership, used.\ Any lot or establishment where two (2) or
more used motor vehicles, including automobiles, trucks, and motorcycles
are displayed at one (1) time for sale or lease, including warranty repair work
and other major and minor repair service conducted as an accessory use.
Motor vehicle/outdoor storage.\ The outdoor storage of operable motor
vehicles, and boats. Motor vehicles in this use shall include cars, trucks,
sports utility vehicles, motorcycles, boats, motor homes or RVs. This use
shall specifically include vehicle impound areas for operable vehicles.
Motor vehicle parts/supply, retail.\ Retail sales of automobile parts and
accessories. Typical uses include automobile parts and supply stores which
offer new and factory rebuilt parts and accessories, and include
establishments which offer minor automobile repair services.
Motor vehicle/rental.\ Rental of motor vehicles and light trucks and vans,
including incidental parking and servicing of vehicles for rent or lease.
Typical uses include auto rental agencies and taxicab dispatch areas.
Motor vehicle repair service/major.\ Repair of construction equipment,
commercial trucks, agricultural implements and similar heavy equipment,
including automobiles, where major engine and transmission repairs are
conducted. Typical uses include automobile and truck repair garages,
transmission shops, radiator shops, body and fender shops, equipment
service centers, machine shops and other similar uses where major repair
activities are conducted.
Motor vehicle repair service/minor.\ Repair of automobiles, noncommercial
trucks, motorcycles, motor homes, recreational vehicles, or boats, including
the sale, installation, and servicing of equipment and parts. Typical uses
include tire sales and installation, wheel and brake shops, oil and lubrication
services, automobile glass repair and similar repair and service activities
where minor repairs and routine maintenance are conducted.
Pawn shop.\ A use engaged in the loaning of money on the security of
property pledged in the keeping of the pawnbroker and the incidental sale of
such property.
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Personal improvement service.\ Establishment primarily engaged in the
provision of informational, instructional, personal improvements and similar
services. Typical uses include driving schools, health fitness centers or gyms,
reducing salons, dance studios, handicraft and hobby instruction, and
baseball and basketball instruction facilities.
Personal service.\ Establishment or place of business engaged in the
provision of frequently or recurrently needed services of a personal nature.
Typical uses include beauty and barber shops; grooming of pets;
seamstresses, tailors, or shoe repairs; florists; and laundromats and dry
cleaning stations serving individuals and households.
Real estate office, temporary.\ A Class A or B manufactured home, single-
family home or other structure used on a temporary basis as a real estate
sales office in conjunction with residential development.
Recreational vehicle sales and service.\ Retail sales of recreational vehicles
and boats, including service and storage of vehicles and parts and related
accessories.
Restaurant, drive-in fast food.\ An establishment primarily engaged in the
preparation of food and beverages, for either take-out, delivery or table
service, primarily served in disposable containers at a counter, a drive-up or
drive-through service facility or offers curb service.
Restaurant, general.\ An establishment engaged in the preparation of food
and beverages. This use is characterized by table service to customers in
nondisposable containers.
Retail sales.\ Sale or rental with incidental service of goods and merchandise
for personal or household use which is not otherwise specifically described
in the listing of commercial use types contained herein. Such uses include
bakeries, drug stores, bookstores, furniture, gifts, hardware, grocery stores,
clothing stores, and floral retail shops.
Studio, fine arts.\ A building, or portion thereof, used as a place of business
for visual art, which may include sculptors, artists or photographers.
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Taxidermy.\ A building where animal skins are prepared, stuffed and
mounted for sale.
Truck stop.\ An establishment containing a mixture of uses which cater to
the traveling public and in particular motor freight operators. A truck stop
might include such uses as fuel pumps, restaurants, overnight
accommodations, retail sales related to the motor freight industry, and
similar uses.
Truck terminal.\ See "warehousing and distribution" listed under industrial
use types.
Veterinary hospital/clinic.\ Any establishment rendering surgical and
medical treatment of animals. Boarding of animals shall only be conducted
indoors, on a short-term basis, and shall only be incidental to such
hospital/clinic use, unless also authorized and approved as a commercial
kennel. (7-7-05; 8-21-08; 12-18-08; Ord. No. 2012-10-C, 10-18-12; Ord. No.
2013-4-C, 4-18-13; 6-19-14; 7-17-14; 12-18-14.)
Wholesale sales.\ Businesses engaged in the sale of goods primarily via mail
order to other businesses and/or businesses engaged in the repackaging and
resale of goods. Included in this use type are businesses that publish and
operate mail order catalogues and wholesale operations that buy in large
quantities for repackage or resale to mail order and internet sales customers.
This use shall exclude Warehousing and Distribution, which is regulated as a
separate use.
• Sec. 3-7000. - Industrial use types. Modified
Abattoir or livestock processing.\ The use of land for the slaughter of
livestock, including cattle, sheep, swine, goats and poultry, as a service, and
from which there is sold no meat or other product of such slaughter other
than materials generally considered inedible for humans and which are
generated as waste and/or by-products of such slaughter, including, but not
limited to, blood, bones, viscera, hides, etc., which may be sold for purposes
of removal from site.
Asphalt plant.\ An establishment engaged in manufacturing or mixing of
paving materials derived from asphaltic mixtures of tar.
25
Brewery, distillery, cidery.\ An establishment for the production and
packaging of alcoholic beverages, such as beer, liquor, cider, mead, etc., for
distribution, retail or wholesale, on-premises or off-premises, and which
meets all Virginia Alcoholic Beverage Control laws and regulations. The
facility may include other accessory uses such as retail sales, tasting rooms,
restaurants, etc., as permitted in the district and as long as the accessory uses
do not exceed the primary use in floor area or value.
Construction yard.\ Establishments housing facilities of businesses primarily
engaged in construction activities, including the outside storage of materials
and equipment used for the business operations. Typical uses may include
site work companies to include excavating and grading activities, roadway
construction and utility infrastructure companies, and other heavy
construction companies.
Convenience center.\ A government-operated facility used for the collection
of trash, garbage, and rubbish, including receptacles for the collection and
storage of recyclable materials.
Custom manufacturing.\ Establishments primarily engaged in the on-site
production of goods by hand manufacturing, within enclosed structures,
involving the use of hand tools, and the use of mechanical equipment
commonly associated with residential or commercial uses or a single kiln.
Typical uses would include pottery, cabinet or woodwork shops.
Industry, Type I.\ Enterprises engaged in the processing, manufacturing,
compounding, assembly, packaging, treatment or fabrication of materials and
products, from processed or previously manufactured materials. Included
would be assembly of electrical appliances, bottling and printing plants, and
the manufacturing of paint, oils, pharmaceuticals, cosmetics, solvents and
other chemicals, production of items made of stone, metal or concrete.
Industry, Type II.\ Enterprises in which goods are generally mass produced
from raw materials on a large scale through use of an assembly line or similar
process, usually for sale to wholesalers or other industrial or manufacturing
uses. Included in this use type are industries involved in processing and/or
refining raw material such as chemicals, rubber, wood or wood pulp, forging,
26
casting, melting, refining, extruding, rolling, drawing, and/or alloying ferrous
metals, and the production of large durable goods such as automobiles,
manufactured homes, or other motor vehicles.
Industry, Type III.\ An establishment which has the potential to be
dangerous or extremely obnoxious. Included are those in which explosives
are stored, petroleum is refined, natural and liquid and other petroleum
derivatives are stored and/or distributed in bulk, radioactive materials are
compounded, pesticides, fertilizers and certain acids are manufactured, and
hazardous waste is treated or stored as the establishment's principal activity.
Landfill, industrial.\ The use of land for the legal disposal of specific
industrial waste which is a by-product of a manufacturing or production
process.
Landfill, rubble.\ The use of land for the legal disposal of construction and
demolition wastes consisting of lumber, wire, sheetrock, broken brick,
shingles, glass, pipes, concrete, metals and plastic associated with
construction and wastes from land-clearing operations consisting of stumps,
wood, brush, and leaves.
Landfill, sanitary.\ The use of land for the legal disposal of municipal solid
waste derived from households, business and institutional establishments,
including garbage, trash, and rubbish, and from industrial establishments,
other than hazardous wastes as described by the Virginia Hazardous Waste
Regulations.
Meatpacking.\ The processing of meat products and by-products directly
from animals or offal from dead animals.
Recycling center.\ A privately operated facility for the collection and storage
of recyclable materials designed and labeled separately for citizens to
voluntarily take source materials for recycling.
Resource extraction.\ A use involving on-site extraction of surface or
subsurface mineral products or natural resources. Typical uses are quarries,
borrow pits, sand and gravel operation, mining, and soil mining. Specifically
excluded from this use type shall be grading and removal of dirt associated
27
with an approved site plan or subdivision, or excavations associated with,
and for the improvement of, a bona fide agricultural use.
Scrap and salvage service.\ Any lot or place engaged in the storage, sale,
dismantling or other processing or uses of waste materials which are not
intended for reuse in their original forms. Typical uses include paper and
metal salvage yards, automotive wrecking yards, junkyards, used tire storage
yards, or retail and/or wholesale sales of used automobile parts and supplies.
(See also the definitions of automobile wrecking yard and junkyard in
section 2-1002.)
Shipping container.\ Primarily a metal container used to pack, ship and store
goods. On land they are kept in shipping or storage yards.
Transfer station.\ Any storage or collection facility which is operated as a
relay point for municipal solid waste which ultimately is transferred to a
landfill.
Warehousing and distribution.\ Uses including storage, warehousing and
dispatching of goods within enclosed structures, or outdoors. Typical uses
include storage warehouses, truck terminals and moving/storage firms. (7-7-
05; 12-18-06; Ord. No. 2012-10-C, 10-18-12; 6-19-14; 9-18-14.)
• Part 2. - Rural Agricultural Conservation (RAC) District.
• Sec. 4-2001. - General description. Modified
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; 9-17-15.)
• Sec. 4-2002. - Permitted uses. Modified
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
28
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)
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
29
Dwelling, single-family
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
Hunt club
* Turkey shoot
(7-7-05; 11-15-07; Ord. No. 2011-11-C, 7-7-11; 7-17-14; 9-17-15.)
• Sec. 4-2003. - Conditional uses. Modified
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:
30
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
• 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
31
E.
Commercial uses:
* Agricultural service
• Commercial assembly and repair
• Farm and forestry implement storage, sales, and service
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
Wholesale sales
F.
Industrial uses:
* Abattoir or livestock processing
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
* Landfill, industrial
* Landfill, rubble
* Landfill, sanitary
* Recycling center
* Resource extraction
32
* 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; 9-17-15.)
• Part 4. - Village Center (VC) District.
• Sec. 4-4001. - General description.
A.
The intent of this district is to provide for low to medium density
residential development in those areas of the county which are
identified as "village centers" in the Isle of Wight County
Comprehensive Plan where the pattern of development has previously
been established. These areas may not currently have public water and
sewer and other public facilities available or planned for in the
immediate future.
B.
The Village Center District has been established herein to assist in the
fulfillment of the housing, public services and land use provisions of
the comprehensive plan. It is the intent of this district, consistent with
the plan, to provide for and preserve the character of these existing
unincorporated population centers in the county, and to promote the
configuration of new development into reasonable and effective service
areas for the proper and efficient provision of water, sewerage, fire and
police protection, and other public services.
C.
In general, it is intended that the VC District shall be used to preserve
the character of these existing unincorporated rural population centers
which have basically a single-family residential character but which
33
also contain certain types of commercial or light industrial activities to
serve primarily a local rural population. In addition, however, it is the
intent that such zones may be used for lands where the creation of a
new population center or centers would be appropriate and where
such new center or centers would be consistent with the provisions of
the comprehensive plan.
D.
The Village Centers identified in the comprehensive plan are as follows:
Battery Park
Carrsville
Central Hill
Isle of Wight Courthouse
Orbit
Rescue
Rushmere
Walters
Wills Corner
Zuni
(7-7-05.)
• Sec. 4-4002. - 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, use and design standards, for those specific
uses.
A.
Agricultural uses:
Agriculture
• Agricultural farming operation
Farmer's market
* Forestry operation
• Forestry, silvicultural
Greenhouse, private
* Wayside stand
B.
Residential uses:
Dwelling, single-family
* Family day care home
34
Group home
* Home occupation, Type I
* Home occupation, Type II
* Temporary emergency housing
C.
Civic uses:
Administrative service
* Community center
Post office
* Utility service/minor
D.
Commercial uses:
* Construction office, temporary
Real estate office, temporary
Wholesale sales
E.
Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
• Sec. 4-4003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. 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:
* Agriculture
• Grain dryer and related structures
• Fertilizer storage
• Assembly and repair of farm equipment
• Livestock operation
• Agricultural service towers and antennas
Aquaculture
* Commercial feedlot
* Farm employee housing
* Forestry operation
• Timbering
* Livestock auction market
35
* Stable, commercial
• In conjunction with residence
• Not in conjunction with residence
* Stable, private
B.
Residential uses:
* Accessory apartment
• Residential accessory apartment
• Commercial accessory apartment
* Dwelling, multifamily conversion
* Dwelling, two-family
* Manufactured home, Class A
C.
Civic uses:
* Adult care center
Assisted living facility
* Cemetery
• Animal
• Church
• Private
• Public
* Child care center
Club
Cultural service
* Educational facility, primary/secondary
Halfway house
Park and ride facility
* Public maintenance and service facility
Public park and recreational area
Public safety service
* Religious assembly
* Utility service/major
D.
Office uses:
Financial institution
General office
Medical office
E.
36
Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
• Farm and forestry implement storage, sales and service
* Antique shop
Auction establishment
* Bed and breakfast
Boarding house
Car wash
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Commercial outdoor swimming pool and tennis court
* Convenience store
* Flea market
* Funeral home
* Garden center
* Gasoline station
* Golf course
* Golf driving range
* Marina
Medical clinic
Motor vehicle parts/supply retail
Motor vehicle repair service/major
Motor vehicle repair service/minor
Personal improvement service
Personal service
Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Taxidermy
Veterinary hospital/clinic
F.
Industrial uses:
* Construction yard
37
Convenience center
Custom manufacturing
G.
Miscellaneous uses:
* Communication tower
Hunt club
* Reconstructed wetland
(Ord. No. 2011-11-C, 7-7-11; Ord. No. 2013-1-C, 4-18-13.)
• Part 9. - Limited Commercial (LC) District.
• Sec. 4-9001. - General description.
This district is primarily intended to provide for low intensity
commercial use including those types of commercial services which
may satisfy those basic needs which occur daily or frequently and so
require commercial facilities in close proximity to residences or which
may generally be compatible with a rural or residential area. (7-7-05.)
• Sec. 4-9002. - 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:
Farmer's market
* Forestry operation
• Forestry, silvicultural
B.
Residential uses:
* Accessory apartment
• Commercial accessory apartment
C.
Civic uses:
Administrative service
* Cemetery • Church
* Community center
Crisis center
* Education facility, primary/secondary
38
Halfway house
Life care facility
* Nursing home
Park and ride facility
Post office
Public park and recreational area
Public safety service
* Religious assembly
Rehabilitation service
* Utility service/minor
D.
Office uses:
Financial institution
General office
Medical office
E.
Commercial uses:
* Antique shop
* Bed and breakfast
Boarding house
Business support service
* Commercial indoor sports and recreation
* Construction office, temporary
* Funeral home
Lawn and garden services
* Motor vehicle parts/supply, retail
Personal improvement service
Personal service
Real estate office, temporary
Veterinary hospital/clinic
Wholesale sales
F.
Miscellaneous uses:
* Amateur radio tower
(7-7-05.)
• Sec. 4-9003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. An asterisk (*) indicates additional,
39
modified or more stringent standards which are listed in section 5-
5000, supplementary u se regulations, for those specific uses.
A.
Agricultural uses:
* Forestry operation
• Timbering
B.
Residential uses:
Group home
* Multifamily dwelling
C.
Civic uses:
* Adult care center
*Cemetery
• Public
* Child care center
Club
Cultural service
Public assembly
* Utility service/major
D.
Office uses:
Laboratory
E.
Commercial uses:
Business or trade school
Car wash
Commercial indoor amusement
Commercial indoor entertainment
* Commercial outdoor swimming pool and tennis facility
* Contractor office and storage facility
* Convenience store
* Crematorium
* Garden center
* Gasoline station
* Golf course
Hospital
Hospital, special care
40
Hotels/motels/motor lodge/inn
*Kennel, commercial
*Marina
Medical clinic
* Micro-brewery, distillery, cidery
*Motor vehicle repair service/minor
* Restaurant, drive-in fast food
Restaurant general
Retail sales
Studio, fine arts
F.
Industrial uses:
* Construction yard
Custom manufacturing
* Landfill, rubble
G.
Miscellaneous uses:
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-13; 9-18-14.)
• Part 10. - General Commercial (GC) District.
• Sec. 4-10001. - General description.
This district is intended to provide the full range of commercial
activities and establishments which are not primarily related to
residential developments and which require accessibility from higher
order roadways than the LC District.
This district is also intended to accommodate high auto-oriented uses
such as auto sales and service, convenience stores, motor vehicle fuel
stations as well as planned shopping centers. Performance standards
are included to ensure that access points are controlled, landscape
surface ratios are adequate and street buffering complement the
standards set in the Highway Corridor Overlay District (HCO). (7-7-
05.)
• Sec. 4-10002. - Permitted uses.
The following uses are permitted by right subject to all other
applicable requirements contained in this ordinance. An asterisk (*)
41
indicates additional, modified or more stringent standards which are
listed in section 5-5000, supplementary use regulations, for those
specific uses.
A.
Agricultural uses:
Agriculture
• Assembly and repair of farm equipment
Farmer's market
* Forestry operation
• Forestry, silvicultural
B.
Residential uses:
* Accessory apartment
• Commercial accessory apartment
C.
Civic uses:
Administrative service
Adult care center
* Child care center
* Child care institution
Club
* Community center
Crisis center
Cultural service
Life care facility
* Nursing home
Park and ride facility
Post office
Public assembly
* Public park and recreational area
Public safety service
Rehabilitation service
* Utility service/minor
D.
Office uses:
Financial institution
General office
Medical office
42
E.
Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
• Farm and forestry implement storage, sales and service
* Antique shop
Auction establishment
* Bed and breakfast
Business support service
Business or trade school
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Construction office, temporary
Construction sales and service
* Contractor office and storage facility
* Funeral home
* Garden center
* Golf course
Hospital
Hotel/motel/motor lodge/inn
Lawn and garden services
* Marina
Medical clinic
* Micro-brewery, distillery, cidery
* Motor vehicle dealership/new
* Motor vehicle parts/supply and retail
* Motor vehicle/ rental
* Motor vehicle repair service/ minor
Pawn shop
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
43
Taxidermy
Veterinary hospital/clinic
Wholesale sales
F.
Industrial uses:
* Construction yard
Custom manufacturing
G.
Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-13; 9-18-14.)
• Sec. 4-10003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-
5000, use and design standards, for those specific uses.
A.
Agricultural uses:
* Forestry operation
• Timbering operation
* Livestock auction market
* Stable, commercial
• Not in conjunction with residence
B.
Civic uses:
Assisted living facility
* Cemetery
• Church
Educational facility, college/university
* Public maintenance and service facility
* Religious assembly
* Utility service/major
C.
Office uses:
Laboratory
D.
Commercial uses:
Car wash
44
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Convenience store
* Crematorium
Dance hall
Equipment sales and rental
* Flea market
* Gasoline station
* Golf driving range
Hospital, special care
* Kennel, commercial
Laundry
Manufactured home sales
* Mini-warehouse
* Motor vehicle dealership/used
Motor vehicle/outdoor storage
* Motor vehicle repair service/major
Recreational vehicle sales and service
Truck stop
E.
Industrial uses:
Convenience center
* Landfill, rubble
* Recycling center
F.
Miscellaneous uses:
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2013-2-C, 4-18-13.)
• Part 11. - Limited Industrial (LI) District.
• Sec. 4-11001. - General descriptions.
This district is intended to provide an environment suitable for
industrial activities that do not create appreciable nuisances, hazards
or threats to the natural environment or surrounding development.
This district is intended to provide for a variety of industrial operations
which are capable of meeting modern performance and environmental
45
standards appropriate to a business/industrial park setting and
location. (7-7-05.)
• Sec. 4-11002. - 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:
Agriculture
• Assembly and repair of farm equipment
* Forestry operation
• Forestry, silvicultural
B.
Civic uses:
* Adult care center
* Child care center
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service/minor
C.
Office uses:
General office
Laboratory
D.
Commercial uses:
Agricultural service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
Business or trade school
Car wash
* Commercial indoor sports and recreation
* Construction office, temporary
* Contractor office and storage facility
Equipment sales and rental
* Garden center
46
Laundry
Lawn and garden services
* Micro-brewery, distillery, cidery
* Miniwarehouse
Motor vehicle/outdoor storage
* Motor vehicle/rental
* Motor vehicle repair service/major
Retail sales
Truck stop
Wholesale sales
E.
Industrial uses:
Brewery, distillery, cidery
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
* Recycling center/transfer station
Warehousing and distribution
F.
Miscellaneous uses:
* Amateur radio tower
(7-7-5; Ord. No. 2012-10-C, 10-18-12; 3-20-14; 9-18-14.)
• Sec. 4-11003. - Conditional uses.
The following uses are allowed only by conditional use permit pursuant to
section 1-1017. 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:
Agriculture
* Agricultural farming operation
* Forestry operation
* Timbering
* Sawmill
B.
Civic uses:
* Utility service/major
47
C.
Commercial uses:
Agricultural service
* Farm supplies, equipment sales and service
Business support service
* Hotel/motel/motor lodge/inn
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
D.
Industrial uses:
Industry, Type II
* Landfill, rubble
* Towing service storage yard
E.
Miscellaneous uses:
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-13, 6-19-14.)
• Part 12. - General Industrial (GI) District.
• Sec. 4-12001. - General description.
The General Industrial District is reserved to accommodate those
industrial activities which may produce moderate nuisances or hazards
in areas that are relatively remote from residential and business
development. The performance standards established for this district
are not intended to be as strict as for the LI District. (7-7-05; 8-21-06.)
• Sec. 4-12002. - 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:
Agriculture
48
• Fertilizer storage
• Assembly and repair of storage equipment
* Forestry operation
• Forestry, silvicultural
B.
Civic uses:
* Adult care center
* Child care center
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service/minor
C.
Office uses:
Laboratory
D.
Commercial uses:
* Adult entertainment establishment
Agricultural service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
* Construction office, temporary
* Contractor office and storage facility
Equipment sales and rental
Laundry
Lawn and garden services
* Micro-brewery, distillery, cidery
* Miniwarehouse
Motor vehicle/outdoor storage
* Motor vehicle repair service/major
Wholesale sales
E.
Industrial uses:
Brewery, distillery, cidery
* Construction yard
Convenience center
Custom manufacturing
Industry, Type I
49
Industry, Type II
Meatpacking
* Recycling center
* Shipping container
Transfer station
Warehousing and distribution
F.
Miscellaneous uses:
* Amateur radio tower
(7-7-05; 8-21-06; Ord. No. 2012-10-C, 10-18-12; 9-18-14.)
• Sec. 4-12003. - Conditional uses.
The following uses are allowed only by conditional permit pursuant to
section 1-1017. 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:
Agriculture
* Agricultural farming operation
* Forestry operation
* Timbering
* Sawmill
B.
Civic uses:
* Utility service/major
C.
Commercial uses:
Agricultural service
* Farm supplies, equipment sales and service
D.
Industrial uses:
* Abattoir or livestock processing
* Asphalt plant
Industry, Type III
* Landfill, industrial
* Landfill, rubble
* Resource extraction
* Scrap and salvage service
50
* Towing service storage yard
E.
Miscellaneous uses:
* Aviation facility, general
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; 8-21-06, 6-19-14.)
• Part 13. - General Industrial Conservation (GIC) District.
• Sec. 4-13001. - General description.
The General Industrial Conservation District is intended to protect
and promote heavy industrial operations in existence or under
construction at the time of adoption of this ordinance and to prevent
such operations from becoming nonconforming under the terms of this
ordinance. The GIC District is further intended to permit the efficient
development and redevelopment of land for uses related to such
existing heavy industrial operations. (7-7-05.)
• Sec. 4-13002. - 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:
* Forestry operation
• Silvicultural, forestry
• Timbering
* Sawmill
B.
Civic uses:
* Adult care center
* Child care center
Park and ride facility
Public safety service
* Utility facility/minor
C.
Office uses:
51
General office
D.
Commercial uses:
* Construction office, temporary
* Contractor office and storage facility
* Micro-brewery, distillery, cidery
* Miniwarehouse
Motor vehicle/outdoor storage
Wholesale sales
E.
Industrial uses:
* Abattoir or livestock processing
Brewery, distillery, cidery
Industry, Type I
Industry, Type II
Meatpacking
Warehousing and distribution
F.
Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2012-10-C, 10-18-12; 9-18-14.)
• Sec. 4-13003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. An asterisk (*) indicates additional,
modified or more stringent standards which are listed in section 5-
5000, supplementary use regulations, for those specific uses.
A.
Civic uses:
* Utility service/major
B.
Industrial uses:
Industry, Type III
* Landfill, industrial
* Resource extraction
C.
Miscellaneous uses:
* Communication tower
Parking facility, surface/structure
52
* Reconstructed wetland
(7-7-05.)
• Part 17. - Planned Development Commercial Park (PD-CP) District.
• Sec. 4-17001. - General description.
This district is created to permit the development of commercial uses
and regional commercial centers in scale with surrounding market
areas at locations recommended in the comprehensive plan and in
accordance with the standards set forth therein (see applicable
sections concerning activity centers and development service
district(s) of the comprehensive plan). These centers shall serve areas
not already conveniently and adequately provided with commercial
service facilities of the kind proposed. It is intended to permit the
establishment of such districts only where planned centers with
carefully organized buildings, service areas, parking areas, and
landscaped open space will clearly serve demonstrated public needs,
reduce marginal traffic friction below that which would result from
strip commercial development along highways, and protect property
values in surrounding neighborhoods. It is further intended that
planned development commercial parks shall provide a broad range of
facilities and services appropriate to the general need of the area
served. (7-7-05.)
• Sec. 4-17002. - 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:
* Forestry operation
• Forestry silvicultural
B.
Civic uses:
* Adult care center
* Child care center
* Community center
Park and ride facility
53
Post office
Public assembly
* Public maintenance and service facility
Public safety service
* Utility service/minor
C.
Office uses:
Financial institution
General office
Medical office
D.
Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
* Antique shop
Business support service
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Construction office, temporary
* Contractor office and storage facility
* Funeral home
* Gasoline station
* Golf course
Hotel/motel/motor lodge/inn
* Marina
* Micro-brewery, distillery, cidery
* Mini-warehouse
* Motor vehicle dealership/new
* Motor vehicle parts/supply, retail
* Motor vehicle/rental
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Veterinary hospital/clinic
Wholesale sales
54
E.
Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-13; 9-18-14.)
• Sec. 4-17003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. 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:
* Forestry operation
• Timbering
B.
Residential uses:
* Accessory apartment
• Commercial accessory apartment
C.
Civic uses:
Club
Educational facility, college/university
* Utility service/major
D.
Office uses:
Laboratory
E.
Commercial uses:
Business or trade school
Car wash
Commercial indoor amusement
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
Construction sales and service
* Convenience store
Hospital
Hospital, special care
* Kennel, commercial
Medical clinic
55
* Motor vehicle dealership/used
Motor vehicle/outdoor storage
* Motor vehicle repair service/major
* Motor vehicle repair service/minor
Recreational vehicles, sales and service
F.
Industrial uses:
Custom manufacturing
Industry, Type I
G.
Miscellaneous uses:
* Aviation facility, general
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2013-2-C, 4-18-13.)
• Part 18. - Planned Development Mixed Use (PD-MX) District.
• Sec. 4-18001. - General description.
It is the intent of this district to allow a more flexible approach to the
development of large tracts of land in terms of land use, density, and
design. Integration of land uses is encouraged to help reduce the need
for vehicular travel by integrating housing into the overall design of
commercial or "mixed used" centers. These centers are intended to mix
a variety of housing types with large-scale employment, or shopping
centers, restaurants, civic and office uses. Homes are blended into a
built working environment to form a workplace that will not only
reduce vehicle miles of travel, but also present opportunities for
workers to walk or bike to work. Flexibility in zoning will be provided
to permit such large-scale, mixed-use development through floating
zones. To minimize noontime travel, the types of uses that are
permitted in a mixed-use project may include retail, medical, and other
consumer related or "personal" services. Areas within or adjacent to
"mixed use centers" identified in the comprehensive plan may be
appropriate for future expansions of this district.
A planned development mixed use development shall be designed to be
compatible with surrounding, adjacent, and nearby properties, both
56
developed and undeveloped. Therefore, consideration shall be given
during the design process of such planned developments to location,
orientation, spacing and setback of buildings, maintenance of
landscaping, access points, size and location of signage, common open
spaces, vehicular parking and movement areas, preservation of existing
vegetation, overall landscaping, grading and stormwater management.
‘
According to the county's comprehensive plan, the intent of the PD-
MX district is to accommodate a diversity of uses at existing or future
major road intersections, where public sewer and water are proposed
with a capacity for more intensive development. This zoning district is
also the most appropriate district to govern the future development of
the county's urban development areas (UDA) as designated on the
future land use plans. The UDA boundaries shall be determined by the
boundaries depicted on the development service district (DSD) land
use plan maps as shown in the comprehensive plan, as may be
amended by the board of supervisors.
In keeping with the Code of Virginia, development within designated
UDAs should be based on the principles and features of traditional
neighborhood design (TND). These features may include, but are not
limited to: (i) pedestrian-friendly road design, (ii) interconnection of
new local streets with existing local streets and roads, (iii)
connectivity of road and pedestrian networks, (iv) preservation of
natural areas, (v) mixed use neighborhoods, including mixed housing
types, with affordable housing to meet the projected family income
distributions of future residential growth, (vi) reduction of front and
side yard setbacks, and (vii) reduction of street widths and turning
radii at subdivision intersections. In addition to the requirements for
PD-MX districts including in this article, all UDA development must
meet the minimum development standards for traditional
neighborhood design found in Article V of the Isle of Wight County
subdivision ordinance. (7-7-05; Ord. No. 2011-13-C, 8-4-11.)
• Sec. 4-18002. - 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
57
listed in section 5-5000, supplementary use regulations, for those
specific uses.
A.
Agricultural uses:
* Forestry operation
• Forestry, silvicultural
B.
Residential uses:
* Accessory apartment
• Commercial accessory apartment
* Community recreation
* Condominium
Dwelling, single-family
* Family day care home
* Home occupation, Type I
* Multifamily dwelling
* Temporary emergency housing
* Townhouse
C.
Civic uses:
* Cemetery
• Private
* Community center
Cultural service
* Educational facility, primary/secondary
* Public park and recreational area
Public safety service
* Utility service/minor
D.
Office uses:
Financial institution
General office
E.
Commercial uses:
* Antique shop
* Bed and breakfast
Business support service
* Construction office, temporary
58
* Golf course
* Micro-brewery, distillery, cidery
* Motor vehicle parts/supply, retail
Personal improvement service
Personal service
Real estate office, temporary
* Restaurant, drive-in fast food
Restaurant, general
Retail sales
Studio, fine arts
Veterinary hospital /clinic
F.
Miscellaneous uses:
* Amateur radio tower
(7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13; 9-18-14.)
• Sec. 4-18003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. 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:
* Agriculture
• Assembly and repair of farm equipment
Farmer's market
* Forestry operation
• Timbering
Greenhouse, private
* Stable, commercial
• In conjunction with residence
• Not in conjunction with residence
* Stable, private
B.
Residential uses:
* Accessory apartment
• Residential accessory apartment
* Dwelling, multifamily conversion
* Dwelling, two-family
59
Group home
C.
Civic uses:
* Adult care center
Assisted living facility
* Cemetery
• Church
• Public
* Child care center
Club
Educational facility, college/university
Halfway house
Life care facility
* Nursing home
Park and ride facility
Post office
Public assembly
* Religious assembly
* Utility service/major
D.
Office uses:
Medical office
E.
Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
Boarding house
Business or trade school
Commercial indoor amusement
Commercial indoor entertainment
* Commercial indoor sports and recreation
* Commercial outdoor entertainment/sports and recreation
* Commercial outdoor swimming pool and tennis facility
* Convenience store
* Funeral home
* Garden center
60
* Gasoline station
* Golf driving range
Hospital
Hospital, special care
Hotel/motel/motor lodge/inn
* Kennel, commercial
* Marina
Medical clinic
* Mini-warehouse
Motor vehicle/outdoor storage
* Motor vehicle repair service/minor
Wholesale sales
F.
Industrial uses:
* Construction yard
Custom manufacturing
G.
Miscellaneous uses:
* Aviation facility, general
* Aviation facility, private
* Communication tower
Parking facility, surface/structure
* Reconstructed wetland
(7-7-05; Ord. No. 2011-13-C, 8-4-11; Ord. No. 2013-2-C, 4-18-13.)
• Part 19. - Planned Development Industrial Park (PD-IP) District.
• Sec. 4-19001. - General description.
It is the intent of this district to provide for planned development of
business parks or employment centers in campus-like settings. PD-IP
Districts are further intended to provide for areas devoted to industrial
uses that present an attractive appearance and complement
surrounding land use character by means of appropriate siting of
buildings and service areas and landscape treatment. It is intended that
PD-IP Districts be located in areas having all of the following: water
and sewer facilities that meet applicable standards and are acceptable
to the board of supervisors, one (1) or more major highways, and clearly
demonstrated suitability for intended uses in the context of the
61
proposed site's physical characteristics and relationship to
surrounding development. (7-7-05.)
• Sec. 4-19002. - 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:
* Agriculture
• Fertilizer storage
• Assembly and repair of farm equipment
* Forestry operation
• Forestry, silvicultural
B.
Civic uses:
Park and ride facility
* Public maintenance and service facility
Public safety service
* Utility service/major
* Utility service/minor
C.
Office uses:
Laboratory
D.
Commercial uses:
Agricultural service
• Farm supplies, equipment sales and service
• Commercial assembly and repair of all equipment normally used in
agricultural, silvicultural, and horticultural operation
Business support service
* Construction office, temporary
* Contractor office and storage facility
* Convenience store
Equipment sales and rental
* Gasoline station
Laundry
62
Lawn and garden services
* Marina
* Micro-brewery, distillery, cidery
* Mini-warehouse
* Motor vehicle parts/supply, retail
* Motor vehicle/rental
* Motor vehicle repair service/major
* Motor vehicle repair service/minor
Personal improvement service
Personal service
* Restaurant, drive-in fast food
Restaurant, general
Wholesale sales
E.
Industrial uses:
Brewery, distillery, cidery
* Construction yard
Custom manufacturing
Industry, Type I
Industry, Type II
Meatpacking
Transfer station
Warehousing and distribution
F.
Miscellaneous uses:
* Amateur radio tower
Parking facility, surface/structure
(7-7-05; 8-21-06; Ord. No. 2012-10-C, 10-18-12; Ord. No. 2013-2-C, 4-18-13; 9-
18-14.)
• Sec. 4-19003. - Conditional uses.
The following uses are allowed only by conditional use permit
pursuant to section 1-1017. 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:
Aquaculture
* Forestry operation
63
• Timbering
* Sawmill
B.
Civic uses:
* Adult care center
* Child care center
Club
C.
Office uses:
General office
D.
Commercial uses:
Business or trade school
* Crematorium
Hotel/motel/motor vehicle lodge
Motor vehicle/outdoor storage
E.
Industrial uses:
* Abattoir or livestock processing
Industry, Type III
* Landfill, rubble
* Resource extraction
F.
Miscellaneous uses:
* Aviation facility, general
* Aviation facility, private
* Communication tower
* Reconstructed wetland
(7-7-05; 8-21-06.)
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Amendment to Conditional Zoning on .46 Acres of Land Located at 27891
Walters Highway in the Carrsville Election District to Expand the List of
Permitted Uses on the Property
64
Mr. Rudnicki represented the proposed amendment.
The public hearing was opened by Chairman Alphin who requested citizens
to speak in favor of or in opposition to the proposed amendment.
Jesse Erwin of 5198 Duck Town Road recognized that a once unsightly
property has now been cleaned up and he requested that the uses be limited
to just the items listed and not include any other businesses that would
damage the quality of life as it exists today.
Diana Beale, the applicant, advised the purpose of the amendment is for the
repackaging of raw peanuts into three and five pound bags. She stated the
intent is to bring the Walters community that it once was and that the other
uses were added so that she did not have to return to the Board for their
approval. She advised that the back building will be used for the peanut
business and the front brick building will be used as a retail store.
The public hearing was closed and comments by the Board were requested
by Chairman Alphin.
Supervisor Jefferson moved that the conditional zoning at 27891 Walters
Highway be approved. The motion passed unanimously by a vote of (5-0)
with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor
of the motion and no Supervisors voting against the motion.
COUNTY ADMINISTRATOR’S REPORT
The Board received a report from Jamie Oliver, Transportation Planner, who
advised that the final phase of the reconfiguration of Route 10-258
intersection at Benns Church Boulevard project will begin June 2016 and that
message boards will be on site beginning next week to alert motorists and a
diagram will be on the County’s website.
Andreu Farthing, Kimley Horn & Associates, briefed the Board on the
project’s three movement patterns to maintain traffic over the next sixty
days while crews are working.
65
The following matters were highlighted for the Board’s information:
Monthly Reports-Tax Levies & Collections as of March 2016/Cash
Position/Statement of the Treasurer’s Accountability as of March 2016; Isle of
Wight County Monthly Fire/Emergency Medical Services (EMS) Report-
Incidents by Zone as of April 2016; Isle of Wight Website Statistics/April
2016; Solid Waste Division Litter Pickup; Isle of Wight Extension
Report/April 2016; and, a Notice of Public Meetings - Hampton Roads
Hazard Mitigation Plan.
UNFINISHED/OLD BUSINESS
Mr. Wanner reintroduced A Resolution to Authorize Use of Remaining
Funds from Fort Boykin Insurance Payout for Other County Parks and
Recreation Projects in the amount of $90,000 to address several other needed
parks and recreation projects.
Supervisor Jefferson moved that the following Resolution be adopted:
RESOLUTION TO AUTHORIZE THE USE OF REMAINING FUNDS
FROM THE FORT BOYKINS INSURANCE PAYOUT FOR OTHER
PARKS AND RECREATION PROJECTS
WHEREAS, the County has previously received insurance proceeds as
compensation for a facility destroyed by fire at Fort Boykins; and,
WHEREAS, the cost of the construction of new restrooms and a pergola at
Fort Boykin is less than amount of insurance proceeds received and,
WHEREAS, other significant needs at Parks and Recreation facilities
throughout Isle of Wight County have been identified; however, funding is
not available in the current operating budget to address said needs; and,
WHEREAS, staff is requesting authorization to utilize the remaining funds
to address several other needed Parks and Recreation projects.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board
of Supervisors of the County of Isle of Wight, Virginia authorizes the use of
66
remaining funds from the Fort Boykins insurance payout for other County
Parks & Recreation projects.
BE IT FURTHER RESOLVED that the Interim 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.
The motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
NEW BUSINESS
Following a program update by Mr. Jennings on the Cross-Connection
Control and Backflow Prevention Program, Supervisor Acree moved that the
Program be approved. The motion passed unanimously by a vote of (5-0)
with Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor
of the motion and no Supervisors voting against the motion.
Responsive to a written request received by Mr. Stallings for him to continue
farming the remaining 18 acres of County-owned property on Great Springs
Road, a Request for Proposal was presented by County Attorney Popovich.
Supervisor Acree moved that staff be authorized to issue the RFP. The
motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
A request for tax exemption request from God’s Anointed Touch Ministries
was presented and Supervisor McCarty moved that staff be authorized to
advertise the matter for public hearing. The motion passed unanimously by a
vote of (5-0) with Supervisors Acree, Alphin, Grice, Jefferson and McCarty
voting in favor of the motion and no Supervisors voting against the motion.
Chairman Alphin presented a request to change the June 16, 2016 Board of
Supervisors’ meeting date and Supervisor McCarty moved that the Board’s
June 16, 2016 meeting date be changed to June 9, 2016 at 5:00 p.m. The
67
motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Staff was requested to provide a report to the Board on the recent increase in
business licenses taxes for local businesses.
Supervisor Acree stressed the importance of courteousness being extended
by staff to the public.
The Board and public were notified that the concert scheduled for Saturday
has been moved to July 23, 2016 due to the impending weather forecast.
CLOSED MEETING
County Attorney Popovich requested a closed meeting pursuant to Section
2.1-3711 (A)(1) of the Code of Virginia to discuss and consideration of
prospective candidates for the position of County Administrator.
Supervisor Acree moved that the Board enter the closed meeting for the
reason stated. The motion passed unanimously by a vote of (5-0) with
Supervisors Acree, Alphin, Grice, Jefferson and McCarty voting in favor of
the motion and no Supervisors voting against the motion.
Supervisor Jefferson moved that the Board return to open meeting. The
motion passed unanimously by a vote of (5-0) with Supervisors Acree,
Alphin, Grice, Jefferson and McCarty voting in favor of the motion and no
Supervisors voting against the motion.
Supervisor Jefferson moved that the following be adopted:
CERTIFICATION OF CLOSED MEETING
WHEREAS, the Board of Supervisors has convened a closed meeting on this
date pursuant to an affirmative recorded vote and in accordance with the
provisions of the Virginia Freedom of Information Act; and,
68
WHEREAS, Section 2.2-3712(D) of the Code of Virginia requires a
certification by this Board of Supervisors that such closed meeting was
conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors
hereby certifies that, to the best of each member's knowledge, (i) only public
business matters lawfully exempted from open meeting requirements by
Virginia law were discussed in the closed meeting to which this certification
resolution applies, and (ii) only such public business matters as were
identified in the motion convening the closed meeting were heard, discussed
or considered by the Board of Supervisors.
VOTE
AYES: Acree, Alphin, Grice, Jefferson and McCarty
NAYS: 0
ABSENT DURING VOTE: 0
ABSENT DURING MEETING: 0
ADJOURNMENT
At 10:00 p.m., the Chairman declared the meeting adjourned.
__________________________ _____
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
Organization Member Term Expires
Hampton Roads Economic Development Alliance Grice January 2018
Hampton Roads Military Federal Facilities McCarty No Set Term
Alliance
Hampton Roads Planning District Commission Alphin No Set Term
Sanford Wanner No Set Term
Hampton Roads Transportation Accountability Chairman No Set Term
Commission
Hampton Roads Transportation Rex W. Alphin No Set Term
Planning Organization Jefferson/Alternate No Set Term
Southeastern Public Service Authority Popovich December 2017
Tony Wilson/Alternate December 2017
Western Tidewater Regional Jail Authority Alphin No Set Term
Jefferson No Set Term
Western Tidewater Water Authority Grice June 2018
Acree June 2018
Popovich/Alternate June 2018
Regional Reports - Page 2
(Appointed by Board Vote)
2016 BOARD MEMBER REGIONAL REPRESENTATIVE
Boards/Commissions/Committees Appointee District Eligibility Recommendation
Blackwater Regional Library Board Elizabeth Jones/RESIGNED Windsor June 2016 Resigned
Blackwater Regional Library Board Betty Alldaffer Smithfield June 2016 Not Eligible Pamela Staha
Board of Zoning Appeals David A. Holt/RESIGNED Carrsville May 2018 Resigned
Expiration
BOARDS/COMMISSIONS/COMMITTEES
June 9, 2016/ MCP
ISSUE:
Resolution to Rescind the Resolution of the Board of Supervisors of Isle of Wight County, Virginia Amending the County Cash Proffer Policy; Repeal Chapter 3 Community and Economic Development, Article II,
Cash Proffers from the Isle of Wight County Policy Manual; and,
Recommend the Isle of Wight County, Virginia Planning Commission Make Certain Amendments the Isle of Wight County Zoning Ordinance
BACKGROUND: On July 1, 2016, the provisions of SB 549, which was adopted by the Virginia General Assembly and signed into law by the Governor, will
take effect setting forth certain new restrictions on a locality’s ability to
accept proffers for new residential development and new residential
uses. Those provisions will make it unlawful for a locality to accept “unreasonable” proffers as set forth therein.
Unfortunately, there is significant concern throughout the
Commonwealth as to just how these provisions will be interpreted by the courts and just how much potential for liability there might be for
localities.
BUDGETARY IMPACT:
Unknown at this time.
RECOMMENDATION:
Authorize the Chairman to execute the Resolution to Rescind the
Resolution of the Board of Supervisors of Isle of Wight County, Virginia
Amending the County Cash Proffer Policy; Repeal Chapter 3 Community and Economic Development, Article II, Cash Proffers from
the Isle of Wight County Policy Manual; and, Recommend the Isle of
Wight County, Virginia Planning Commission Make Certain
Amendments the Isle of Wight County Zoning Ordinance as presented.
June 9, 2016/ MCP
ATTACHMENTS:
Resolution
RESOLUTION TO RESCIND THE RESOLUTION OF THE BOARD
OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA AMENDING THE COUNTY CASH PROFFER POLICY; REPEAL CHAPTER 3 COMMUNITY AND ECONOMIC DEVELOPMENT,
ARTICLE II, CASH PROFFERS FROM THE ISLE OF WIGHT
COUNTY POLICY MANUAL; AND, RECOMMEND THE ISLE OF WIGHT COUNTY, VIRGINIA PLANNING COMMISSION MAKE CERTAIN AMENDMENTS THE ISLE OF WIGHT COUNTY
ZONING ORDINANCE
WHEREAS, on March 8, 2016, SB 549 was signed into law by Governor
McAuliffe which amends the Code of Virginia by adding Section 15.2-2303.4 related to certain restrictions being placed upon localities in the acceptance of
residential proffers; and,
WHEREAS, there appears to be significant concern throughout the Commonwealth as to what impact this legislation may have once it goes into
effect on July 1, 2016; and,
WHEREAS, the Board of Supervisors deems it in the best interest of the citizens of Isle of Wight County, Virginia to if not reduce, at least limit, any
potential liability that may be found to exist against the County when dealing
with proffers.
NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County
Board of Supervisors does hereby deem it appropriate to RESCIND the
Resolution of the Board of Supervisors of Isle of Wight County, Virginia
Amending the County Cash Proffer Policy adopted on January 16, 2014.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors does hereby REPEAL Chapter 3, Community and Economic
Development, Article II, Cash Proffers from the Isle of Wight County Policy Manual.
BE IT FURTHER RESOLVED that the Isle of Wight County Board of
Supervisors hereby formally recommends to the Isle of Wight County Planning Commission that the Isle of Wight Zoning Ordinance be amended to ensure:
1. That any applicant seeking a rezoning or proffer amendment after July
1, 2016 be required to pay for the cost of an independent proffer study
to be done by a designated professional chosen by the County and the
applicant; 2. That only the Zoning Administrator be authorized to speak on behalf
of the County as it relates to such applications;
3. Require that any meetings between staff and an applicant will require
the participation of the County Attorney or his designee; 4. Require an applicant, once a rezoning or amendment package is
formally submitted, to execute an estoppel certificate that states all
proffers contained in the package comply with Section 15.2-2303.4
of the Code of Virginia and the reasons why it complies; and 5. In the event an application is denied, require that such denial is
formally expressed through the adoption of a resolution setting forth
all facts as to why the denial was made based on specific land use
issues.
Adopted this 9th day of June, 2016.
Rex W. Alphin, Chairman
Carey Mills-Storm, Clerk
Approved as to form:
Mark Popovich, County Attorney
June 9, 2016/ MCP
ISSUE:
Motion to Authorize the Chairman to Execute a Deed of Easement to Effectuate the Conveyance of the Sewage Disposal System in the Lawnes Pointe Subdivision to Hampton Roads Sanitation District
BACKGROUND:
For several years, VA Timberline, LLC has been seeking to find a public
service entity to take over ownership and operation of the Lawnes Pointe sewage disposal system. At this time, the Hampton Roads Sanitation District (HRSD) has agreed to take ownership of the system and operate
it under its authority as a public service entity. In order to effectuate the
transfer of ownership, HRSD has requested that a Deed of Easement be entered into with VA Timberline to convey existing sewer lines within the Lawnes Pointe subdivision. As the roadways in the subdivision have
not yet been taken into the secondary system by the Virginia Department
of Transportation (VDOT), HRSD has requested that the County join in
the conveyance.
BUDGETARY IMPACT: None
RECOMMENDATION:
Authorize the Chairman to execute the Deed of Easement as presented, along with any and all other necessary documents to effectuate the
conveyance of the sewage disposal system in the Lawnes Pointe
subdivision to HRSD.
ATTACHMENTS:
Deed of Easement
June 9, 2016/MCP
ISSUE:
Ordinance to Designate as Exempt from Taxation All Real and Personal Property Owned or Operated by God’s Anointed Touch Ministries
BACKGROUND: In accordance with Section 58.1-3651 of the Code of Virginia (1950, as
amended), the Board of Supervisors adopted Chapter 2, Article VI,
Applications for Tax Exempt Status Designation for Real and Personal Property as part of its policy manual. The guidelines set forth the requirements for organizations to apply for tax exempt status with the
Commissioner of the Revenue and, if certain criteria are met, the Board
is to formally adopt an ordinance exempting such organization by
designation. The application of God’s Anointed Touch Ministries is in compliance with the requirements of that policy.
Please note that, in accordance with County policy, because the
application was submitted after April 1st, the tax exempt status, if approved by the Board of Supervisors, will not take effect until July 1,
2017.
BUDGETARY IMPACT:
The budgetary impact is estimated to be approximately $306 less in
revenue per year (only includes personal property as there is no real property owned at this time).
RECOMMENDATION:
Following the Public Hearing, authorize the Chairman to execute the
Ordinance to grant tax exemption status to God’s Anointed Touch
Ministries by designation.
June 9, 2016/MCP
ATTACHMENTS:
- Proposed Ordinance
- Application materials - County Policy
AN ORDINANCE TO DESIGNATE AS EXEMPT FROM TAXATION
ALL REAL AND PERSONAL PROPERTY OWNED OR OPERATED BY GOD’S ANOINTED TOUCH MINISTRIES BE IT, AND IT IS HEREBY ORDAINED, by the Board of Supervisors of the
County of Isle of Wight, Virginia, to-wit:
That, in accordance with Section 58.1-3651 of the Code of Virginia (1950, as
amended), all real and personal property currently owned and operated, or which may be
owned and operated in the future, by God’s Anointed Touch Ministries is hereby exempt
from taxation by Isle of Wight County, Virginia for so long as God’s Anointed Touch
Ministries continues to use such real and personal property in the furtherance of its
operation as a charitable organization for religious purposes and for so long as God’s
Anointed Touch Ministries remains in compliance with all federal, state and local laws and
regulations related to the operation of such charitable organizations.
This ordinance shall remain effective so long as God’s Anointed Touch Ministries
complies with the triennial application process as set forth in the Isle of Wight County
Policy Manual in accordance with Section 58.1-3605 of the Code of Virginia (1950, as
amended).
This ordinance shall become effective July 1, 2017.
Adopted this ___ day of ____________, 2016.
Rex W. Alphin, Chairman Board of Supervisors Attest: Approved as to Form:
Carey Mills Storm, Clerk Mark C. Popovich, County Attorney
June 9, 2016/jlo/VDOY SSYIP 17-22
ISSUE:
Resolution to Approve the Virginia Department of Transportation
(VDOT) FY2017-2022 Secondary Six-Year Improvement Program (SSYIP) and Construction Priority List
BACKGROUND: The proposed Secondary System allocation of state funds for roads in
Isle of Wight County in FY 17 is $139,756. Annual funding is currently
projected to continue at approximately $150,000 annually in the
subsequent three Plan years. The proposed plan includes approximately $88,177 increase overall across the six year timeframe, with the majority
of that increase projected in FY 21 and FY 22.
The following projects were completed in FY 16, and will be closed out in FY 17:
• Poplar Drive paving
• Yellow Rock Lane paving
• Country Way paving
• Twin Hill Lane paving
• Holly Point Way paving
The following projects were added to the SSYIP in FY 14/15, and
continue in the current plan:
• Morgart’s Beach Road (Route 673), paving 1.1 miles from Blounts
Corner Road to Fort Boykin Trail.
o Fully-funded with Revenue Sharing (50/50) funds in FY 15.
o Design has been initiated.
o This project will be locally administered.
• Rattlesnake Trail (Route 646), paving 2.1 miles from Town Drive to
Ramsey Road.
o Not projected to be fully-funded by FY22.
o This project will be locally administered.
June 9, 2016/jlo/VDOY SSYIP 17-22
• Broadwater Road (Route 620), reconstruction of 1.8 miles from
Strawberry Plains to the Southampton County line.
o PE projected to be fully-funded in FY 16.
o Construction funding is anticipated through Revenue Sharing
(50/50) funding in FY 17.
o This project will be VDOT administered.
The following project was re-defined in the SSYIP in FY 17 for clarification:
• UPC 31665 Windsor Sidewalk and Drainage.
o Previously defined as “drainage and culverts,” this project is now identified as the Town of Windsor’s Shirley Drive sidewalk project, which the County committed to participate in
by MOU in 2014.
o This project is PE only. o This project will be locally administered and 100% reimbursed.
o This project is anticipated to initiate June 2016 to avoid deallocation of
funds.
BUDGET IMPACT:
None
RECOMMENDATIONS:
Motion to adopt the Virginia Department of Transportation FY 2017-
2022 Secondary Six-Year Improvement Program.
ATTACHMENTS:
- Resolution
- Proposed Virginia Department of Transportation (VDOT) FY 2017-2022 Secondary Six-Year Improvement Program (SSYIP).
A RESOLUTION OF THE BOARD OF SUPERVISORS OF ISLE OF WIGHT
COUNTY TO APPROVE PRIORITIES FOR THE VIRGINIA DEPARTMENT OF TRANSPORTATION’S SECONDARY SIX-YEAR IMPROVEMENT PROGRAM FOR FY 2017 THROUGH FY 2022 WHEREAS, Sections 33.1-23 and 33.1-23.4 of the Code of Virginia (1950, as amended) provide the opportunity for each county to work with the Virginia Department of Transportation (VDOT) in developing a Secondary Six-Year Improvement Program (SSYIP); and, WHEREAS, the Isle of Wight County Board has held a public hearing on the
proposed Plan (FY 2016-FY 2021), in accordance with VDOT policies and procedures, on
June 9, 2016 and all citizens of the County had the opportunity to make comments and
recommendations concerning the proposed Program; and,
WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred with the proposed SSYIP (FY 2017-FY 2022). NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia hereby approves the Secondary Six-Year Improvement
Program for FY 2017-2022 as presented at the public hearing.
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 proceed with the Program as approved. Adopted this 9th day of June 2016.
Rex W. Alphin, Chairman
Carey Mills-Storm, Clerk
Approved as to Form: Mark C. Popovich, County Attorney
FY2017 FY2022
$53,324 $0
$0 $0
$86,432 $86,432
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $97,606
$139,756 $184,038
Secondary System
Isle of Wight County
Construction Program
Estimated Allocations
Fund FY2018 FY2019 FY2020 FY2021 Total
CTB Formula - Unpaved State $62,878 $72,331 $69,516 $0 $258,049
Secondary Unpaved Roads $0 $0 $0 $0 $0
TeleFee $86,432 $86,432 $86,432 $86,432 $518,592
Residue Parcels $0 $0 $0 $0 $0
STP Converted from IM $0 $0 $0 $0 $0
Federal STP - Bond Match $0 $0 $0 $0 $0
Formula STP $0 $0 $0 $0 $0
MG Formula $0 $0 $0 $0 $0
BR Formula $0 $0 $0 $0 $0
Other State Match $0 $0 $0 $0 $0
State Funds $0 $0 $0 $0 $0
Federal STP $0 $0 $0 $0 $0
District Grant - Unpaved $0 $0 $0 $97,606 $195,212
Total $149,310 $158,763 $155,948 $184,038 $971,853
Sanford Warner
County Administrator Date
Residency Administrator(Acting)
Board Approval Date:
Gerald Kee
Date
Page 1 of 1
District: Hampton Roads
2017-18
Route Road Name Previous Additional Balance to Traffic Count
PPMS ID Project #Funding Funding complete Scope of Work
Accomplishment Description Required FHWA #
Type of Funds FROM SSYP
Funding
2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Comments
Type of Project TO Other
Funding
Priority #Length Ad Date Total
$1,456,367 $0 $0 $0 $0 $0 $0
$1,564,462 $0 $0 $0 $0 $0 $0
$3,020,829 ($15,669)$0 $0 $0 $0 $0 ($15,669)
MIN PLAN,FED-AID,SECONDARY 0.061 MI. E. INT. ROUTE 637
0001.00 1.4 12/13/2011
$503,445 $59,717 $82,717 $82,717 $82,717 $65,827 $86,432
$9,429 $0 $0 $0 $0 $0 $0
$512,874 $4,173,807 $59,717 $82,717 $82,717 $82,717 $65,827 $86,432 $3,713,680
Minimum Plan Strawberry Plains (Route 681)
0003.00 1.8 2/11/2022
$174,925 $23,000 $0 $0 $0 $0 $0
$30,000 $0 $0 $0 $0 $0 $0
$204,925 ($42,011)$23,000 $0 $0 $0 $0 $0 ($65,011)
BUDGET ITEMS YEARLY PROJECT FOR ISLE OF WIGHT
9999.01 0.0 4/16/2010
$5,000 $0 $0 $0 $0 $0 $0
$554,597 $0 $0 $0 $0 $0 $0
$559,597 $20,833 $0 $0 $0 $0 $0 $0 $20,833
County: Isle of Wight County
14994 0620046249 RW $237,618
Estimated Cost
Board Approval Date:
Reconstruction w/o Added CapacityRAAP CONTRACT RTE 620 - RECONSTRUCTION CON $2,362,397
Rt.0620 BROADWATER ROAD PE $405,145
1300
105469 0620046650 RW $500,000
14004STP0.031 MI. W. INT. ROUTE 681 Total $3,005,160
Reconstruction w/o Added CapacityRAAP CONTRACT Rte 620 Reconstruction - Broadwater Road CON $3,686,681
Project complete, currently going through closeout
proceediings. Eligible surplus funds will be transferred
to UPC 105469 (Broadwater btw Strawberry Ln and S.
Rt.0620 Broadwater Road PE $500,000
31665 9999046BI RW $0
14004Southampton County line Total $4,686,681
Environmental OnlySTATE FORCES/HIRED EQUIPMENT RTE 9999 - BUDGET ITEM CON $162,914
Anticipated to received eligible surplus funds from
UPCs 14994 (Broadwater Road btw Rte 681 and Rte
637) and UPC 14991 (W. Blackwater Road btw Rte 642
Rt.9999 PE $0
104806 0673046653 RW $0
16020SDRAINAGE & SIDEWALK AT WINDSOR Total $162,914
ResurfacingNON VDOT Rural Rustic Project - Resurface (Mogart Beach
Road)
CON $512,430
Rt.0673 Morgart Beach Road PE $68,000
16005S/REVSH Blounts Corner Road (Route 674)Total $580,430
SECONDARY SYSTEM CONSTRUCTION PROGRAM (in dollars)
PROJECTED FISCAL YEAR ALLOCATIONS
Page 1 of 4
No Plan Fort Boykin Trail (Route 705)
9999.01 1.1 7/1/2016
$45,099 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0
$45,099 ($45,099)$0 $0 $0 $0 $0 $0 ($45,099)
9999.02
$458,668 $53,324 $62,878 $72,331 $69,516 $97,606 $92,495
$0 $0 $0 $0 $0 $0 $0
$458,668 $448,150 $53,324 $62,878 $72,331 $69,516 $97,606 $92,495 $0
Minimum Plan Ramsey Road (Route 622)
9999.02 2.1 3/1/2019
$60,000 $0 $0 $0 $0 $0 $5,111
$0 $0 $0 $0 $0 $0 $0
$60,000 $190,000 $0 $0 $0 $0 $0 $5,111 $184,889
VARIOUS LOCATIONS IN COUNTY
9999.03 3/1/2011
$56,575 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0
$56,575 $193,425 $0 $0 $0 $0 $0 $0 $193,425
VARIOUS LOCATIONS IN COUNTY
9999.05 3/1/2011
$20,000 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0
$20,000 $230,000 $0 $0 $0 $0 $0 $0 $230,000
0-2892 1204002 RW $0
S/REVSH Blounts Corner Road (Route 674)Total $580,430
COUNTYWIDE PIPE & ENTRANCE CON $0
Rt.4002 PE $0
104809 0646046649 RW $0
____VARIOUS LOCATIONS IN COUNTY Total $0
ResurfacingNON VDOT Rural Rustic Paving Project (Rattlesnake Trail)CON $844,818
INSTALLATION CHARGE FOR PIPES AT PRIVATE
ENTRANCES AND OTHER MINOR DRAINAGE
IMPROVEMENTS.
Rt.0646 Rattlesnake Trail PE $62,000
0999751204003RW$0
16005STown Drive (Route 637)Total $906,818
Reconstruction w/o Added CapacityCOUNTYWIDE RURAL ADDITIONS CON $250,000
Rt.4003 PE $0
0999761204005RW$0
16004SVARIOUS LOCATIONS IN COUNTY Total $250,000
Preliminary EngineeringCOUNTYWIDE ENGINEERING & SURVEY CON $250,000
RURAL ADDITIONS - SECTION 33.1-72.1. ROLLOVER OF
FUNDS CAN BE FOR FIVE YEARS.
Rt.4005 PE $0
01002451204006RW$0
16015SVARIOUS LOCATIONS IN COUNTY Total $250,000
Preliminary EngineeringCOUNTYWIDE FERTILIZATION & SEEDING CON $250,000
MINOR SURVEY & PRELIMINARY ENGINEERING FOR
BUDGET ITEMS AND INCIDENTAL TYPE WORK.
Rt.4006 PE $0
16015SVARIOUS LOCATIONS IN COUNTY Total $250,000 Page 2 of 4
VARIOUS LOCATIONS IN COUNTY
9999.06 3/1/2011
$47,933 $3,715 $3,715 $3,715 $3,715 $20,605 $0
$0 $0 $0 $0 $0 $0 $0
$47,933 $202,067 $3,715 $3,715 $3,715 $3,715 $20,605 $0 $166,602
VARIOUS LOCATIONS IN COUNTY
9999.07 3/1/2011
$8,078 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0
$8,078 $241,922 $0 $0 $0 $0 $0 $0 $241,922
VARIOUS LOCATIONS IN COUNTY
9999.08 1/30/2011
$128,875 $0 $0 $0 $0 $0 $0
$1,648,182 $0 $0 $0 $0 $0 $0
$1,777,057 ($241,428)$0 $0 $0 $0 $0 $0 ($241,428)
Single Hearing 0.017 MI. NORTH OF NUBY RUN
9999.09 10/8/2013
$161,478 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0
$161,478 ($6,629)$0 $0 $0 $0 $0 $0 ($6,629)
No Plan Dead End
9999.10 0.5 9/5/2014
$109,714 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0
$109,714 ($11,196)$0 $0 $0 $0 $0 $0 ($11,196)
0997651204007RW$0
S VARIOUS LOCATIONS IN COUNTY Total $250,000
SafetyCOUNTYWIDE TRAFFIC SERVICES CON $250,000
FERTILIZATION AND SEEDING TO IMPROVE SLOPE
STABILIZATION ON SECONDARY SYSTEM
Rt.4007 PE $0
01002821204008RW$0
16021SVARIOUS LOCATIONS IN COUNTY Total $250,000
Right of WayCOUNTYWIDE RIGHT OF WAY ENGR.CON $250,000
TRAFFIC SERVICES INCLUDE SECONDARY SPEED
ZONES, SPEED STUDIES, OTHER NEW SECONDARY
SIGNS
Rt.4008 PE $0
91168 0637046573 RW $126,637
16016SVARIOUS LOCATIONS IN COUNTY Total $250,000
Bridge Replacement w/o Added CapacityRAAP CONTRACT Rte 637 Over Nuby Run VA str. 6045 CON $1,068,203
USE WHEN IMPARTICAL TO OPEN A PROJECT:
ATTORNEY FEES and ACQUISITION COST.
Rt.0637 Orbit Road PE $340,789
103052 0671046629 RW $0
16011BROS0.016 MI. SOUTH OF NUBY RUN Total $1,535,629
ResurfacingNON VDOT ROUTE 671- RURAL RUSTIC SURFACE TREAT
NON-HARDSURFACE ROAD
CON $140,693
Accruing funds for CN
Rt.0671 Country Way PE $14,156
103054 0667046630 RW $0
16005SRte. 704 Total $154,849
ResurfacingNON VDOT ROUTE 667- RURAL RUSTIC SURFACE TREAT
NON-HARDSURFACE ROAD
CON $86,140
Rt.0667 Twin Hill Lane PE $12,378
16005SRte. 665 Total $98,518 Page 3 of 4
No Plan Dead End
9999.10 0.3 9/5/2014
$223,356 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0
$223,356 ($42,807)$0 $0 $0 $0 $0 $0 ($42,807)
No Plan Dead End
9999.10 0.7 9/5/2014
$150,353 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0
$150,353 $0 $0 $0 $0 $0 $0 $0 $0
No Plan Rte. 2002 South Shore Drive
9999.10 0.4 9/5/2014
$198,752 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0
$198,752 ($21,940)$0 $0 $0 $0 $0 $0 ($21,940)
No Plan Hideaway Lane
9999.10 0.7 9/5/2014
$10,058 $0 $0 $0 $0 $0 $0
$39,944 $0 $300,000 $0 $0 $0 $0
$50,002 $300,000 $0 $300,000 $0 $0 $0 $0 $0
Minimum Plan Benns Church (Entersection)
9999.99 6/30/2018
103055 0675046631 RW $0
S Rte. 665 Total $98,518
ResurfacingNON VDOT ROUTE 675- RURAL RUSTIC SURFACE TREAT
NON-HARDSURFACE ROAD
CON $168,778
Rt.0675 Holly Point Way PE $11,771
103056 2003046632 RW $0
16005SRte. 10 Total $180,549
ResurfacingNON VDOT ROUTE 2003- Rural Addition Surface Treat Non-
Hardsurface RD
CON $130,353
Rt.2003 Poplar Drive PE $20,000
103057 0716046633 RW $0
16005SRte. 2001 Woodmere Lane Total $150,353
ResurfacingNON VDOT ROUTE 0716- Rural Addition Surface Treat Non-
Hardsurface RD
CON $164,733
Rt.0716 Yellow Rock Lane PE $12,079
0644046628 RW $30,000
16005SRte. 665 Smithneck Road Total $176,812
Turner Drive Intersection Improvements at
Benns Church Blvd
CON $270,002
Rt.0644 Turner Drive PE $50,000
103021
MPO project
3I024STPBenns Church (Route 10/32)Total $350,002
Traffic Management/EngineeringNON VDOT
Page 4 of 4
ISSUE:
Refuse & Recycling Center Schedules - Update
BACKGROUND: At its regular meeting on April 21, 2016, the Board adopted a motion to approve the new operating hours for the County’s
Refuse and Recycling Centers.
Staff will provide a brief update to the Board relative to the County’s updated brochure, signage, and website information.
Additionally, staff will outline its efforts to advertise the new
operating schedules for the Centers in anticipation of the July 1,
2016 implemenation.
RECOMMENDATION: For the Board’s information.
ATTACHMENT:
Trifold Brochure/Map
ISSUE:
Termination of the Municipal Separate Storm Sewer System (MS4)
Permit
BACKGROUND:
The County had been subject to an MS4 Permit since 2003. This federal permit is administered by the Virginia Department of Environmental
Quality (DEQ). Stormwater Division staff, along with the County
Attorney, successfully approached DEQ with a request for delisting
(terminating) the permit and provided supporting documentation that demonstrated that the County neither owns nor operates a drainage
“system” in the census-designated urbanized land areas situated within
the County.
As a result, the citizens of IOW will directly benefit from:
- hard permit fee cost savings;
- reduced staff time in preparing annual reports and other
correspondence; - elimination of certain efforts related to field inspection, tracking
and reporting activities;
- reduced exposure to liability (including fines) due to non-
compliance with ‘regulatory’ MS4 permit provisions.
Staff is in the process of performing a more detailed assessment of the
positive impacts of this termination relative to the Stormwater program
and more information will be forthcoming.
RECOMMENDATION:
For the Board’s information.
ATTACHMENT:
Permit Termination letter from DEQ dated April 28, 2016
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 May 2016
2. Isle of Wight County Monthly Fire/Emergency Medical Services
(EMS) Report – Incidents by Zone Map; Incidents by Zone Data
as of May 2016 3. Isle of Wight Website Statistics/April 2016
4. Boil Water Notice – Rushmere Water System
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1010
2020
3060
4070
5060
Incidents by Zone
³
Zone3060
Zone5060
Zone1010
Zone4070
Zone2020
Zone Fire EMS
Mutual Aid
Totals
ISLE OF WIGHT
INCIDENTS BY ZONE
Agency: IWFR, Event date/Time range: 05/01/2016 00:00:00 - 05/31/2016 23:59:59
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
1009 BACK PAIN (NON TRAUMATIC)0 1 1 25%0:01:23 0:09:21 1:47:12 1:57:56 1:57:56
DIFFICULTY BREATHING 0 1 1 25%0:00:50 0:10:12 1:27:09 1:38:11 1:38:11
PAIN 0 1 1 25%0:01:30 0:14:05 0:58:40 1:14:15 1:14:15
Subtotals for EMS 0 3 3 75%0:01:14 0:11:13 1:24:20 4:50:22 1:36:47
ARCING WIRES DOWN POWER LINES 0 1 1 25%0:01:36 0:03:05 3:08:48 3:13:29 3:13:29
Subtotals for FIRE 0 1 1 25%0:01:36 0:03:05 3:08:48 3:13:29 3:13:29
Totals for 1009 0 4 4 100%0:01:20 0:09:11 1:50:27 8:03:51 2:00:58
1010 ABDOMINAL PAIN 0 3 3 3%0:01:04 0:06:00 0:27:37 1:44:04 0:34:41
ABRASIONS BRUISES ETC 0 1 1 1%0:00:42 0:03:57 0:54:33 0:59:12 0:59:12
ACCIDENT (FATALITY)0 1 1 1%0:01:20 0:02:44 2:38:19 2:42:23 2:42:23
ACCIDENT UNKNOWN INJURIES 1 5 6 7%0:01:09 0:05:15 0:18:16 2:28:04 0:24:41
ACCIDENT WITH INJURIES 1 4 5 6%0:01:07 0:04:48 1:02:46 5:43:30 1:08:42
ALARM - MEDICAL 0 3 3 3%0:02:15 0:06:54 0:52:24 1:24:57 0:28:19
BLEEDING OR HEMORRHAGING 0 3 3 3%0:01:25 0:06:16 0:44:03 2:35:15 0:51:45
CARDIAC ARREST 0 1 1 1%0:00:36 0:04:19 0:29:20 0:34:15 0:34:15
CHEST PAIN 0 9 9 10%0:01:08 0:06:45 0:48:54 8:31:05 0:56:47
DIABETIC PROBLEMS 0 2 2 2%0:00:53 0:05:20 1:18:56 2:50:17 1:25:09
DIFFICULTY BREATHING 0 3 3 3%0:01:38 0:06:22 1:07:32 3:46:40 1:15:33
FALLS AND RELATED INJURIES 0 5 5 6%0:00:59 0:06:56 0:35:21 3:36:23 0:43:17
FRACTURES OR BROKEN BONES 0 1 1 1%0:01:15 0:06:40 0:55:20 1:03:15 1:03:15
HEART PROBLEMS 0 3 3 3%0:01:22 0:06:07 0:52:21 2:59:30 0:59:50
LIFT ASSIST 0 2 2 2%0:01:04 0:13:08 0:06:40 0:41:44 0:20:52
Report Generated: 06/01/2016 07:24:02 | User ID:JTERWILLIGER
Page 1 of 7\\STRATUS\OSSICAD\CAD\rpt\Other_EventsByNatureStatBeat
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
PAIN 0 5 5 6%0:01:40 0:06:50 0:53:50 5:11:44 1:02:21
PSYCHIATRIC PROBLEMS 0 1 1 1%0:00:05 0:07:43 0:51:49 0:59:37 0:59:37
SEIZURE 0 2 2 2%0:01:10 0:04:39 0:37:52 1:27:21 0:43:41
SICK / ILL OR RESCUE 0 11 11 12%0:01:30 0:06:32 1:10:18 14:21:42 1:18:20
STROKE 0 5 5 6%0:01:14 0:09:44 1:01:43 6:03:27 1:12:41
UNCONSCIOUS OR FAINTING 0 2 2 2%0:01:55 0:05:49 1:06:13 2:27:52 1:13:56
WELFARE CHECK 0 1 1 1%0:00:19 0:05:41 0:08:00 0:14:00 0:14:00
Subtotals for EMS 2 73 75 84%0:01:10 0:06:18 0:51:55 72:26:17 0:57:53
ARCING WIRES DOWN POWER LINES 0 1 1 1%0:01:39 0:06:52 1:27:51 1:36:22 1:36:22
CAR FIRE 0 2 2 2%0:01:26 0:03:50 0:33:43 1:17:56 0:38:58
FIRE ALARM 0 8 8 9%0:01:22 0:05:17 0:06:11 1:42:40 0:12:50
FIRE OTHER NOT LISTED 1 0 1 1%0:00:00 0:00:00 0:36:37 0:36:37 0:36:37
SMELL OR ODOR OF SMOKE 0 1 1 1%0:01:27 0:05:59 0:35:30 0:42:56 0:42:56
TRANSFORMER FIRE OR POWER LINE 0 1 1 1%0:04:59 0:06:27 0:01:24 0:12:50 0:12:50
Subtotals for FIRE 1 13 14 16%0:02:11 0:05:41 0:33:33 6:09:21 0:40:06
Totals for 1010 3 86 89 100%0:01:22 0:06:11 0:47:59 78:35:38 0:54:04
2020 ABDOMINAL PAIN 0 1 1 3%0:01:32 0:12:55 0:52:35 1:07:02 1:07:02
ABRASIONS BRUISES ETC 0 1 1 3%0:00:08 0:09:20 0:05:19 0:14:47 0:14:47
ACCIDENT UNKNOWN INJURIES 0 3 3 8%0:01:54 0:08:36 0:30:57 2:04:21 0:41:27
ALARM - MEDICAL 0 3 3 8%0:01:24 0:10:33 0:30:33 2:09:43 0:43:14
CHEST PAIN 0 1 1 3%0:00:53 0:08:58 1:04:57 1:14:48 1:14:48
DIABETIC PROBLEMS 0 3 3 8%0:02:34 0:13:08 0:38:53 2:43:43 0:54:34
DIFFICULTY BREATHING 0 2 2 6%0:01:20 0:13:05 0:32:35 1:34:00 0:47:00
FALLS AND RELATED INJURIES 0 3 3 8%0:01:01 0:07:11 0:30:25 1:55:53 0:38:38
MEDIC STANDBY 0 1 1 3%0:05:00 0:05:18 1:10:13 1:20:31 1:20:31
PAIN 0 2 2 6%0:02:01 0:10:32 0:40:50 1:46:46 0:53:23
Page 2 of 7INCIDENTS BY ZONE
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
POSSIBLE DOA 0 1 1 3%0:02:42 0:07:37 0:24:38 0:34:57 0:34:57
SICK / ILL OR RESCUE 0 4 4 11%0:01:59 0:09:50 1:09:51 5:26:42 1:21:41
STROKE 0 2 2 6%0:01:03 0:10:43 1:14:23 2:52:17 1:26:09
UNCONSCIOUS OR FAINTING 0 2 2 6%0:01:20 0:06:45 1:45:50 3:47:49 1:53:55
WELFARE CHECK 0 1 1 3%0:00:07 0:00:00 0:00:00 0:07:55 0:07:55
Subtotals for EMS 0 30 30 83%0:01:40 0:09:36 0:48:00 29:01:14 0:56:00
FIRE ALARM 0 1 1 3%0:01:02 0:09:10 0:01:32 0:11:44 0:11:44
LANDING ZONE 0 1 1 3%0:00:19 0:00:00 0:00:00 0:08:33 0:08:33
STRUCTURE FIRE 0 2 2 6%0:01:01 0:09:44 0:18:37 0:58:43 0:29:22
TRANSFORMER FIRE OR POWER LINE 0 2 2 6%0:01:47 0:05:49 0:06:40 0:37:08 0:18:34
Subtotals for FIRE 0 6 6 17%0:01:02 0:08:14 0:08:56 1:56:08 0:17:03
Totals for 2020 0 36 36 100%0:01:32 0:09:22 0:41:06 30:57:22 0:47:48
3060 ACCIDENT WITH INJURIES 0 1 1 8%0:01:35 0:05:24 1:15:41 1:22:40 1:22:40
ALARM - MEDICAL 0 1 1 8%0:01:33 0:13:23 1:34:02 1:48:58 1:48:58
ALLERGIC REACTIONS 0 1 1 8%0:01:13 0:14:11 0:13:31 0:28:55 0:28:55
CHEST PAIN 0 2 2 17%0:01:06 0:13:27 1:17:16 3:03:39 1:31:50
DIFFICULTY BREATHING 0 1 1 8%0:01:21 0:49:52 1:42:56 2:34:09 2:34:09
HEART PROBLEMS 0 1 1 8%0:02:01 0:16:33 1:37:19 1:55:53 1:55:53
LIFT ASSIST 0 1 1 8%0:01:31 0:20:58 0:24:05 0:46:34 0:46:34
PAIN 0 2 2 17%0:01:05 0:14:29 1:00:21 2:31:49 1:15:55
SICK / ILL OR RESCUE 0 1 1 8%0:01:05 0:21:52 0:00:26 0:23:23 0:23:23
STROKE 0 1 1 8%0:01:07 0:22:23 1:26:59 1:50:29 1:50:29
Subtotals for EMS 0 12 12 100%0:01:22 0:19:15 1:03:16 16:46:29 1:23:53
Totals for 3060 0 12 12 100%0:01:22 0:19:15 1:03:16 16:46:29 1:23:53
Page 3 of 7INCIDENTS BY ZONE
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
4070 ABDOMINAL PAIN 0 1 1 1%0:04:13 0:26:46 1:12:59 1:43:58 1:43:58
ACCIDENT UNKNOWN INJURIES 2 5 7 8%0:01:18 0:04:56 0:52:41 5:56:35 0:50:56
ACCIDENT WITH INJURIES 0 2 2 2%0:01:19 0:05:55 1:14:16 2:42:59 1:21:30
ALARM - MEDICAL 0 2 2 2%0:01:46 0:00:00 0:00:00 0:27:15 0:13:38
AMPUTATIONS 0 1 1 1%0:00:48 0:05:12 1:03:26 1:09:26 1:09:26
ASSAULT WITH INJURIES 0 1 1 1%0:02:30 0:16:07 0:19:06 0:37:43 0:37:43
ATTEMPT SUICIDE 0 1 1 1%0:00:57 0:06:28 1:13:32 1:20:57 1:20:57
BITE 0 1 1 1%0:01:17 0:14:14 0:46:43 1:02:14 1:02:14
BLEEDING OR HEMORRHAGING 0 3 3 3%0:01:03 0:06:20 1:03:18 3:32:05 1:10:42
CHEST PAIN 1 9 10 11%0:01:05 0:06:45 0:58:36 10:56:36 1:05:40
DIABETIC PROBLEMS 0 2 2 2%0:01:04 0:11:06 1:14:32 2:53:24 1:26:42
DIFFICULTY BREATHING 0 12 12 13%0:01:05 0:09:15 0:46:43 10:39:25 0:53:17
FALLS AND RELATED INJURIES 0 9 9 10%0:01:32 0:08:40 0:48:27 8:47:59 0:58:40
HEART PROBLEMS 0 1 1 1%0:01:58 0:05:49 0:36:23 0:44:10 0:44:10
INGEST POISONS OR TOXINS 0 1 1 1%0:00:56 0:05:49 0:16:08 0:22:53 0:22:53
LIFT ASSIST 0 1 1 1%0:01:29 0:10:54 0:10:07 0:22:30 0:22:30
PAIN 0 4 4 4%0:00:51 0:08:06 0:58:59 4:31:45 1:07:56
SEIZURE 0 3 3 3%0:01:06 0:04:04 0:38:17 2:10:19 0:43:26
SICK / ILL OR RESCUE 0 21 21 23%0:01:31 0:11:06 0:55:00 23:40:17 1:07:38
STROKE 0 1 1 1%0:01:00 0:07:47 1:05:30 1:14:17 1:14:17
UNCONSCIOUS OR FAINTING 0 4 4 4%0:01:19 0:06:42 0:57:21 4:21:27 1:05:22
Subtotals for EMS 3 85 88 95%0:01:26 0:09:06 0:51:36 89:18:14 0:59:13
BURNING COMPLAINT 1 0 1 1%0:01:41 0:10:04 0:04:28 0:16:13 0:16:13
FIRE ALARM 0 3 3 3%0:01:13 0:02:47 0:17:13 0:47:18 0:15:46
FIRE DEPT COMMUNITY RELATIONS 0 1 1 1%0:00:58 0:07:20 0:03:38 0:11:56 0:11:56
Subtotals for FIRE 1 4 5 5%0:01:17 0:06:44 0:08:26 1:15:27 0:14:38
Totals for 4070 4 89 93 100%0:01:25 0:08:47 0:45:58 90:33:41 0:53:39
Page 4 of 7INCIDENTS BY ZONE
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
5060 ABDOMINAL PAIN 0 5 5 3%0:01:16 0:09:14 1:04:04 6:12:53 1:14:35
ABRASIONS BRUISES ETC 0 3 3 2%0:01:16 0:07:51 1:11:57 4:03:14 1:21:05
ACCIDENT UNKNOWN INJURIES 1 11 12 6%0:01:01 0:06:01 0:24:41 5:56:46 0:29:44
ACCIDENT WITH INJURIES 0 3 3 2%0:01:48 0:06:34 1:06:34 3:44:47 1:14:56
ALARM - MEDICAL 0 7 7 4%0:03:03 0:09:42 0:34:01 5:27:23 0:46:46
ALLERGIC REACTIONS 0 1 1 1%0:00:45 0:08:30 0:20:50 0:30:05 0:30:05
ATTEMPT SUICIDE 0 2 2 1%0:03:16 0:13:50 1:00:37 2:35:26 1:17:43
BLEEDING OR HEMORRHAGING 0 3 3 2%0:01:28 0:13:26 1:13:43 4:25:50 1:28:37
CARDIAC ARREST 0 1 1 1%0:02:08 0:04:43 1:28:57 1:35:48 1:35:48
CHEST PAIN 1 20 21 11%0:01:02 0:09:40 1:07:13 26:38:32 1:16:07
CHILD OR ANIMAL LOCKED IN CAR 0 1 1 1%0:00:04 0:09:12 0:04:50 0:14:06 0:14:06
CHOKING 0 1 1 1%0:00:43 0:04:40 1:07:39 1:13:02 1:13:02
DIABETIC PROBLEMS 0 4 4 2%0:01:53 0:09:24 1:02:53 4:56:42 1:14:11
DIFFICULTY BREATHING 1 18 19 10%0:01:03 0:07:53 0:57:16 20:49:16 1:05:45
EYE INJURIES 0 1 1 1%0:01:36 0:14:19 0:21:29 0:37:24 0:37:24
FALLS AND RELATED INJURIES 0 16 16 9%0:01:28 0:08:58 0:57:51 17:12:15 1:04:31
FRACTURES OR BROKEN BONES 0 3 3 2%0:01:27 0:09:33 0:44:55 2:47:45 0:55:55
HEADACHE 0 1 1 1%0:00:28 0:13:48 1:02:05 1:16:21 1:16:21
HEART PROBLEMS 0 6 6 3%0:03:14 0:09:59 1:15:38 8:53:07 1:28:51
LIFT ASSIST 0 5 5 3%0:01:05 0:09:17 0:06:17 1:23:19 0:16:40
OBSTETRICS 0 1 1 1%0:01:40 0:11:54 0:50:10 1:03:44 1:03:44
OVERDOSE 0 1 1 1%0:01:37 0:08:23 1:33:15 1:43:15 1:43:15
PAIN 0 6 6 3%0:01:10 0:07:47 1:15:51 8:28:51 1:24:49
POSSIBLE DOA 0 3 3 2%0:01:24 0:10:22 0:23:58 1:47:11 0:35:44
RESPIRATORY ARREST 0 1 1 1%0:00:50 0:04:22 0:10:18 0:15:30 0:15:30
SEIZURE 0 3 3 2%0:01:22 0:05:46 1:04:37 3:35:15 1:11:45
SHOOTING 0 1 1 1%0:00:06 0:07:38 0:27:02 0:34:46 0:34:46
Page 5 of 7INCIDENTS BY ZONE
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
SICK / ILL OR RESCUE 1 26 27 14%0:01:10 0:10:57 0:50:42 28:16:18 1:02:50
STROKE 0 1 1 1%0:01:00 0:07:05 0:57:20 1:05:25 1:05:25
UNCONSCIOUS OR FAINTING 0 8 8 4%0:00:58 0:08:36 0:47:44 6:46:50 0:50:51
Subtotals for EMS 4 163 167 89%0:01:23 0:08:59 0:51:09 174:11:06 1:01:02
ARCING WIRES DOWN POWER LINES 1 0 1 1%0:00:05 0:06:49 1:26:43 1:33:37 1:33:37
CAR FIRE 0 1 1 1%0:02:15 0:07:00 0:04:53 0:14:08 0:14:08
FIRE ALARM 0 8 8 4%0:01:18 0:04:57 0:16:39 2:50:02 0:21:15
FIRE OTHER NOT LISTED 0 2 2 1%0:00:07 0:07:45 0:09:12 0:34:09 0:17:05
SMELL OF GAS INSIDE/OUTSIDE 0 4 4 2%0:01:05 0:04:57 0:06:34 0:50:22 0:12:36
SMELL OR ODOR OF SMOKE 0 2 2 1%0:01:54 0:17:29 0:20:48 0:44:35 0:22:18
STRUCTURE FIRE 0 1 1 1%0:00:30 0:03:04 0:22:14 0:25:48 0:25:48
TRANSFORMER FIRE OR POWER LINE 0 1 1 1%0:00:40 0:04:28 0:38:23 0:43:31 0:43:31
Subtotals for FIRE 1 19 20 11%0:00:59 0:07:04 0:25:41 7:56:12 0:31:17
Totals for 5060 5 182 187 100%0:01:18 0:08:35 0:45:47 182:07:18 0:54:46
5091 DIFFICULTY BREATHING 0 1 1 100%0:01:31 0:04:52 1:18:39 1:25:02 1:25:02
Subtotals for EMS 0 1 1 100%0:01:31 0:04:52 1:18:39 1:25:02 1:25:02
Totals for 5091 0 1 1 100%0:01:31 0:04:52 1:18:39 1:25:02 1:25:02
SH6 RESCUE MUTUAL AID 0 1 1 100%0:01:20 0:00:00 0:00:00 0:04:21 0:04:21
Subtotals for MUTA 0 1 1 100%0:01:20 0:00:00 0:00:00 0:04:21 0:04:21
Totals for SH6 0 1 1 100%0:01:20 0:00:00 0:00:00 0:04:21 0:04:21
Page 6 of 7INCIDENTS BY ZONE
Station/Beat
Code Nature Code
Self
Init CFS Total % Total
Avg
Disp
Time
Avg
Resp
Time
Avg
Scene
Time
Total
Call
Time
Avg
Call
Time
SH8 SEIZURE 0 1 1 100%0:05:31 0:00:00 0:00:00 0:14:30 0:14:30
Subtotals for EMS 0 1 1 100%0:05:31 0:00:00 0:00:00 0:14:30 0:14:30
Totals for SH8 0 1 1 100%0:05:31 0:00:00 0:00:00 0:14:30 0:14:30
SRY FIRE MUTUAL AID 0 1 1 50%0:01:07 0:00:00 0:00:00 0:03:42 0:03:42
RESCUE MUTUAL AID 0 1 1 50%0:02:37 0:17:52 1:24:59 1:45:28 1:45:28
Subtotals for MUTA 0 2 2 100%0:01:52 0:17:52 1:24:59 1:49:10 0:54:35
Totals for SRY 0 2 2 100%0:01:52 0:17:52 1:24:59 1:49:10 0:54:35
SRYE RESCUE MUTUAL AID 0 3 3 100%0:01:08 0:24:24 1:10:55 3:16:22 1:05:27
Subtotals for MUTA 0 3 3 100%0:01:08 0:24:24 1:10:55 3:16:22 1:05:27
Totals for SRYE 0 3 3 100%0:01:08 0:24:24 1:10:55 3:16:22 1:05:27
Page 7 of 7INCIDENTS BY ZONE
MEMORANDUM
DATE: June 1, 2016 TO: The Honorable Board of Supervisors Sanford B. Wanner, Interim County Administrator
FROM: Don Jennings, Director of Utility Services
RE: Boil Water Notice – Rushmere Water System _____________________________________________________________ Please be advised that the County was recently required to issue a boil water notice for the majority of our Rushmere water system customers. The system was compromised by the work of a private contractor who crushed a valve in the existing main. The majority of the system had to be shut down to replace the valve. The
valve failure itself could have allowed harmful contaminants to enter the system and
the loss of pressure could have allowed backflow from the private customer
connections into the system.
The Boil Water Notice contains standard verbiage provided by the Virginia Department of Health. The notice is intended to protect the health of our customers due to the possibility of contaminants in the system. County staff pulled water samples on back-to-back days and had them analyzed to
confirm no harmful bacteria were present in the water system. Once that
confirmation was made, notices were handed out to the customers to rescind the Boil
Water Notice.
Notice to Customers of Rushmere Waterworks
Este informe contiene información muy importante sobre su agua potable. Tradúzcalo o hable con alguien que lo entienda bien.
BOIL YOUR TAP WATER
Failure to follow this advisory could result in stomach or intestinal illness.
The Virginia Department of Health in conjunction with the Western Tidewater Health Department, and the Isle of Wight County Rushmere Water System are advising residents to use boiled tap water or bottled water for drinking and cooking purposes as a safety precaution. This precaution is necessary because a water line valve was damaged today as a result of contractors working near the system.
DO NOT DRINK TAP WATER WITHOUT BOILING IT FIRST
Boiled or bottled water should be used for drinking, beverage and food preparation, and making ice until further notice. Boiling kills bacteria and other organisms in the water. Boiling is the
preferred method to assure that the tap water is safe to drink. Bring all tap water to a rolling boil, let it boil for one (1) minute, and let it cool before using, or use bottled water.
If you cannot boil your tap water….
• An alternative method of purification for residents that do not have gas or electricity available is to use liquid household bleach to disinfect water. The bleach product should be recently purchased, free of additives and scents, and should contain a hypochlorite solution of at least 5.25%. Public health officials recommend adding 8 drops of bleach (about ¼ teaspoon) to each gallon of water.
The water should be stirred and allowed to stand for at least 30 minutes before use.
• Water purification tablets may also be used by following the manufacturer’s instructions.
• Potable water is available at the following locations: Isle of Wight Volunteer Rescue at 13080 Great Spring Road.
We will inform you when you no longer need to boil your water. To address this problem we are
flushing the system and will be taking bacteria samples after the valve has been repaired. We
anticipate resolving the problem within 60 hours. For more information call: Waterworks contact: Steve Hatcher at 365-1650 or the afterhour on-call technician at 357-2151.
Or send mail to 13048 Poor House Rd. Windsor VA 23487.
Please share this information with all the other people who drink this water, especially those
who may not have received this notice directly (for example, people in apartments, nursing
homes, schools, and businesses). You can do this by posting this notice in a public place or
distributing copies by hand or mail. Date: 5/25/2016
ISSUE:
Business License Rate Increase
BACKGROUND:
At its regular meeting on May 19, 2016, the Board requested that staff provide a report on the recent increase in the rate for business licenses.
The Commissioner of the Revenue has provided information outlining
the timeline of events leading to the rate adjustment and implementation of the same.
The new business license rate, adopted by the Board of Supervisors in
May 2015, reflected the first adjustment to the rate since its original adoption 27 years ago.
It should be noted that the additional revenues were included in the
recently adopted FY2016-17 Operating Budget and any reduction of the rate would have a significant impact on the budget.
BUDGETARY IMPACT: A reduction/reversion of the rate at this time would potentially create a $281,645 revenue shortfall in the FY2016-17 Operating Budget.
RECOMMENDATION:
For the Board’s information.
ATTACHMENTS:
Correspondence from the Commissioner of the Revenue
ISSUE:
Motion to Authorize the Chairman to Execute an Agreement with
Motorola to Install an 800 MHz Public Safety Radio System
BACKGROUND: At its regular meeting on February 18, 2016, the Board authorize the
Interim County Administrator to enter into an agreement with
Engineering Associates, LLC. in an effort to move forward on the design
and engineering work for an 800 MHz public safety radio system.
Staff has been working with the ECC Board and its consultant and it has
identified Motorola as the vendor of choice for the 800 MHz system.
Motorola is extremely experienced in the development and implementation of public safety radio systems and continues to be the
vendor of choice utilized by a predominant number of communities
throughout the Commonwealth.
RECOMMENDATION: Authorize the Chairman to execute an agreement with Motorola to install an 800 MHz Public Safety Radio System.
ATTACHMENTS:
None
June 9, 2016/jlo/ Transportation—Shirley Drive Sidewalk
ISSUE:
Resolution to Utilize the VDOT Local Funds Capital Account to Front-
Fund the Preliminary Design on the Shirley Drive Sidewalk (UPC 31665) Project
BACKGROUND: In March 2014, the Board of Supervisors entered into a Memorandum of
Understanding (MOU) with the Town of Windsor for the Town to utilize
County Secondary Six-Year Improvement Program (SSYIP) funds
remaining from a drainage project to initiate a sidewalk project in the Town. Since 2014 the Town has been unable to dedicate the resources
required to bring the project to completion and the funds are facing
possible deallocation.
The County currently has the staff resources, expertise, and annual
contracts in place to accomplish the Town’s sidewalk design. The
County currently has capital funding available in the VDOT Local Funds
capital account to front-fund the preliminary design costs. The design phase costs will be 100% reimbursed by VDOT through the SSYIP
funding available.
The project is currently scoped to include the development of construction drawings for proposed sidewalk improvements along the
eastern side of Shirley Drive in the Town of Windsor. The proposed
improvements will tie into the existing sidewalk at the northern end of
Shirley Drive and will extend approximately 700 LF to the south along Shirley Drive. The sidewalk will also extend approximately 300 LF to
the east along US Route 460 along the property owned by the County.
Proposed improvements include a concrete sidewalk, construction of
handicap accessible ramps and minor drainage improvements. The design phase of the project is currently anticipated to take 6-12 months.
This project does not include construction phase activities at this time.
BUDGETARY IMPACT:
None. Necessary funds are available in the VDOT Local Funds capital
account to cover the preliminary design costs.
June 9, 2016/jlo/ Transportation—Shirley Drive Sidewalk
RECOMMENDATION:
Adopt a resolution to utilize the VDOT Local Funds capital account to
front-fund the preliminary design on the Shirley Drive Sidewalk (UPC 31665) project.
ATTACHMENTS: Resolution
RESOLUTION TO FUND AND COMPLETE PRELIMINARY
DESIGN OF THE SHIRLEY DRIVE SIDEALK (UPC 31665) PROJECT
WHEREAS, the Isle of Wight County Board of Supervisors desires to
collaborate with the Town of Windsor on priority transportation and
community infrastructure projects which serve local residents; and,
WHEREAS, the County has the staff resources, expertise, and funding
available to initiate and complete preliminary design of the Shirley Drive
sidewalk project; and,
WHEREAS, funding is available in the County’s Secondary Six Year
Improvement Plan (SSYIP) specifically for this project, and one hundred
percent (100%) of preliminary design phase costs will be reimbursed by these SSYIP funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of
Supervisors of Isle of Wight County, Virginia that the VDOT Local Funds capital account be utilized to front-fund the preliminary design on the Shirley
Drive Sidewalk (UPC 31665) project.
BE IT FURTHER RESOLVED that upon receipt of final reimbursement from VDOT, the total of funds expended for the project will be
re-appropriated back to the VDOT Local Funds capital account for future
projects.
BE IT FURTHER RESOLVED that the County Administrator of Isle
of Wight County, Virginia is authorized to execute all project documents and
make such accounting adjustments and execute such agreements, work orders,
contracts and other documents as necessary to give this resolution effect.
Adopted this 9th day of June 2016.
Rex W. Alphin, Chairman
Carey Mills Storm, Clerk
Approved as to Form:
Mark C. Popovich, County Attorney