Town of Onancock Town Council Meeting October 22, 2018 7:00 p.m.  1. Call to Order and Roll Call 2. Pledge of Allegiance September 24, 2018 Meeting. 4. Public Business  3. Consideration and Approval of the Regular Town Council Minutes from the  a. Public Hearing: Condemnation Ordinance Town Manager William Kerbin b. Presentation by Robert Bridgham, Eastern Shore Broadband Authority Procurement Policy Approval - Town Manager William Kerbin d. Resolution: Grant Approval Allowing the Town to Obtain Financial Assistance from the USDA-Rural Development For a New Police Vehicle - Town e. Update on Year-Round Bathroom Access at the Wharf-1 Town Manager  Manager William Kerbin William Kerbin  5. Public Comment  6. Planning Commission Report- Councilmember Robert Bloxom 7. Waterfront Committee Report- Councilmember Robert Bloxom 8. Personnel Committee Report- Councilmember Catherine Krause  9. Holiday Committee Report- 10.M Mayor's Report - Mayor Fletcher Fosque 11.Town Manager's Report - Mr. William Kerbin 12. Council Comments 13. Closed Session-i ifneeded 14.Adjourn    Town of Onançock Town Council Meeting September 24, 2018 7:00 p.m.  Callt to Order and Roll Call:  Mayor Fosque called the meeting to ordera and roll was called. Mayor Fletcher Fosque and Counciimembers Robert Bloxom, Joy Marino, Ray Burger, Maphis Oswald and. Joshua Bundick were present. Councilmember Catherine Krause was absent. A majority of members were present and a quorum was established.  The Pledge of Allegiance was recited.  Consideration and Approval oft the Regular Town Council Minutes from the August 27,2018 Meeting and the  September 10, 2018 Town Council Work Session Meeting:  Mayor Fosque asked for any corrections or edits to the minutes as submitted.  Councilmember Bloxom asked that the Mayor's name on page one of the August 27, 2018 minutes be corrected and that the word deed on page one oft the September 10, 2018 minutes be replaced with the Councilmember Bloxom made a motion to approve the minutes as amended. Councilmember Oswald Mayor Fosque announced that the Town will have a booth at the Parksley Golden Spike Railroad Festival which is to bel held on October 6, 2018. Mayor Fosque also shared that the Onancock Main Street Initiative group willl bel having a kick-off event on October 22, 2018 at the Historic Onancock School from 4 p.m.- 7j p.m. Lastly, Mayor Fosque shared that the CBES bike tour which begins and ends in Onancock willl be held on October 27, 2018. The Historic Onancock: School willl be holding an event directly following the race.  word plat.  seconded the motion. The motion passed by unanimous voice vote.  Public Business:  a. Amended Resolution in Opposition to Offshore Drilling off the Coast of the Eastern Shore of Virginia Mayor Fosque explained that the amendment to the Resolution was to include the Town's Councilmember Bloxom made a motion to approve the amended Resolution. Councilmember Marino seconded the motion. The motion passed by unanimous voice vote.  - Mayor Fletcher Fosque opposition to seismic testing.  Councilmember Bundick abstained.  b. Approval of the Wharf Parking Lot Paving Contract- - Mayor Fletcher Fosque Mayor fosque explained the contract to Council, sharing that the Town willl be reimbursed 75% of the project costs  due to designated grant funds.  Councilmember Bundick suggested that the project bei inspected upon completion.  Ms. Ann Nock, suggested that the Town take the opportunity toi insulate the water pipes under the parking lot during the repaving so that the restrooms at the wharf can remain open year-round.  1    Council discussion followed.  Councilmember Bloxom. made a motion to approve the proposal from Paving Contractor, LLCI in the amount of $48,000 to resurface the wharf parking lot. Councilmember Burgers seconded the motion.  The motion passed by unanimous voice vote.  Capital Improvement Projects Plan - Mayor Fletcher Fosque already completed were removed from the plan while others were added.  Mayor Fosque reviewed the capital improvement projects plan with Council. Some items that were  Council discussion followed. projects plan.  Mayor Fosque suggested that the Planning Commission also review the revised capital improvement  d. Queen Street Improvements- - Mayor Fletcher Fosque  Mayor Fosque asked Council if they should table this discussion untila a more comprehensive plan is put together. Councilmember Bloxom agreed although expressed interest in eliminating the five parking spots by the old Charter Communications building sooner rather than later.  Council discussion followed.  Att the conclusion of the discussion, Mayor Fosque stated that he would direct the Town Manager to get in touch with the Virginian Department of Transportation about eliminating those five parking Addition, Stephen. Johnsen, Presentation re: Regional Sewer Project (this item was not listed on the original agenda): Mayor Fosque shared that Mr.. Johnsen was here to update Council on the Regional Sewer Project. Mr.. Johnsen reviewed the potential financial impact this project would have on the Town. Mr. Johnsen stated that the next stepi in making this project a reality would be to have an engineering: study done. This study would help identify the timeline and cost of the project. Itis projected that the study will cost anywhere from $75,000 to $95,000. Mr.. Johnsen explained that they are asking allt the affected localities to contribute $10,000 to help fund the study. Council discussion followed. Mayor Fosque asked Council to give this request at tentative okay until Councilmember Oswald made a motion to appropriate $10,000 for the study, pending that the funds can be found within the current year's budget. Councilmember Marino seconded the motion. The  spots.  the budget can be reviewed.  motion passed by unanimous voice vote.  Public Comment:  Mr. Greg Smith, Parker Street, asked Councili to reevaluate the Town's current nuisance ordinance so that it  can include the removal of unlicensed recreational vehicles from properties.  Council discussion followed.  2    MayorFosque suggested that the Planning Commission review this issue at their next meeting. Councilmember Bloxom shared that the Town Manager has a draft nuisance ordinance that willl be presented  tot the Planning Commission next month. Planning Commission Report: No meeting. Waterfront Committee Report: Nor meeting. Personnel Committee Report: No meeting. Holiday Committee Report: No meeting. Mayor's Report:  Mayor Fosque shared that an ad hoc committee for the purpose of town beautification has beeni formed. Their purpose is to prepare for the Garden Tour which willl bel held in Town on May 4, 2019. The committee consists of Councilmember, Joy Marino, Mrs. Barbara. Johnsen, Mrs. Beth Temple, Mrs. Kathy Boyd, Ms. Ann  Nock and Ms. Shannon Gordon. Town ManagersReport: Council Comments:  No report due to Town Manager's, William Kerbin, absence.  Councilmember Oswald shared how much she enjoyed the National Guard Band concert at the beginning of the month. Councilmember Oswald also thanked Mr. Kerbin and Mrs. Fiege for their assistance with the  preparations for the Golden Spike Railroad Festival photo booth.  Closed Session, ifr needed: None.  Mayor Fosque shared that Mr. Rupert Gonzalez has been hired has the Town's newest street crew member. Councilmember Bloxom made a motion to adjourn. Councilmember Bundick: seconded the motion. The  Adjourn:  motion passed by unanimous voice vote. The meeting adjourned at 8:23 p.m.  Fletcher Fosque, Mayor  Lisa Fiege, Deputy Clerk 3    SUGGESTED MOTION: Mr. Mayor, I move that the Onancock Town Council approve the attached condemnation ordinance and adopt the ordinance as part of the Town of Onancock  Code. AGENDA  TOWN COUNCIL  October 22, 2018  SUBJECT: Approval and adoption ofa condemnation ordinance  RECOMMENDATION: Staff recommends approval and adoption of the condemnation  ordinance TIMING: Current  DISCUSSION: To follow-up from previous Town Council discussions regarding vacant and dilapidated structures, staff has attached a condemnation ordinance for your review and approval. The ordinance would grant the Town authority to remove unsafe structures and to charge expenses for that removal to the owner of the property. The Town would only act after the property owner has been provided adequate notice and opportunity to address the unsafe structure. Based on consultation with the Town Attorney, this ordinance does not need to be  reviewed by the Planning Commission.  Staff: Bill Kerbin Town Manager  Attachment: Condemnation ordinance  Copy:    ANORDINANCE TO CREATE SECTION 15-11 ARTICLE IIIC OF THE ONANCOCK TOWN CODE IN ORDERTO ESTABLISHED AF PRECEDENT FOR THE REMOVAL, REPAIR OR SECURING OF BUILDINGS AND OTHER  STRUCTURES BY1 THE TOWN. SEC. 15-11ARTICLE III. UNSAFE BUILDINGS  Removal,repair or securing of buildings and other structures.  (a) The owners of propertyint the town shall, at such time as the town council may prescrie.remove. repair or secure any building, wall or any other structure which might endanger the public health or (b) The town, through its own agents or employees, may remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other town residents if the owner and lien holder of such property, after reasonable notice and a reasonable time to dos so, have failed to remove, repair or secure the building, wall or other structure. For purposes of this section, repair mayi include maintenance work to the exterior of al building to prevent deterioration of the building or adjacent buildings. For purposes of this section, reasonable notice includes a written notice (mailed by certified or registered mail, return receipt requested, sent to the last known address oft the property owner and (ii) published once a week for two successive weeks inar newspaper having general circulation in the locality. No action shall be taken by the town to remove, repair or secure any building, wall or other structure for at least 30 days following the later of the return of the receipt or newspaper (c/Ifthet town, through its own agents or employees, removes, repairs or secures any building, wall or anyother structure after complying with the notice given under this section, the cost or expenses thereof shall be chargeable to and paid by the owner of such property and may be collected by the town (d) Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property ranking onap paritywith liens for unpaid local taxes and enforceable in the same manner as provided in Code of Virginia, 555 58.1- 3940€ et seq. and 58.1-3965 et seg. The town may waive such lien in order to facilitate the sale oft the property. Such lien may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal  safety of other town residents.  publication.  int the manner taxes are collected.  obligation of the owner oft the property at the time the liens were imposed.    APPROVED:  Robert Bloxom, Vice-Mayor  ATTEST:  Lisa Fiege, Deputy Clerk  The foregoing Ordinance was approved at the Regular Meeting oft the Town Council of the Town of Onancock, Virginia, conducted of October 22,2018, upon the following recorded vote:  Robert Bloxom Joy Marino Catherine Krause  Yes/No Yes/No Yes/No  Ray Burger Maphis Oswald Joshua Bundick  Yes/No Yes/No Yes/No  AP Public Hearing on the above Ordinance was held on October 22, 2018, having been advertised in the  Eastern. Shore News on  2018. The Ordinance was enacted at the Regular  Meeting of the Town Council held October 22, 2018.    PUBLIC HEARING TOWN COUNCIL TOWN OF ONANCOCK, VA OCTOBER 22, 2018  The Town Council for the Town of Onancock, VA will conduct a public hearing on Monday October 22, 2018 at 7:00 p.m., in the Town Council Chambers located at 15 North Street, Onancock, VA 23417, to consider an amendment to the Town Code of  Onancock for the following:  Sec 15-10 ARTICLE III. UNSAFE BUILDINGS* Removal, repair or securing of buildings and other structures.  (a) The owners of property in the town shall, at such time as the town council may prescribe, remove, repair or secure any building, wall or any other structure which might endanger the (b) The town, through its own agents or employees, may remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other town residents ift the owner and lien holder of such property, after reasonable notice and a reasonable time to do so, have failed to remove, repair or secure the building, wall or other structure. For purposes ofthis section, repair may include maintenance work to the exterior ofal building to prevent deterioration oft the building or adjacent buildings. For purposes oft this section, reasonable notice includes a written notice (i) mailed by certified or registered mail, return receipt requested, sent to the last known address ofthe property owner and (ii) published once a week for two successive weeks in a newspaper having general circulation in the locality. No action shall be taken by the town to remove, repair or secure any building, wall or other structure for at least 30 days following the later of the return of the receipt or newspaper publication. (c)Ift the town, through its own agents or employees, removes, repairs or secures any building, wall or any other structure after complying with the notice given under this section, the cost or expenses thereof shall be chargeable to and paid by the owner ofs such property and may be (d) Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute al lien against such property ranking on a parity with liens for unpaid local taxes and enforçeable int the same manner as provided in Code ofVirginia, SS 58.1-3940 et seq. and 58.1-3965 et seq. The town may waive such lien in order to facilitate the sale of the property. Such lien may be waived only as to aj purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation oft the owner of the property at the time the liens  public health or safety of other town residents.  collected by the town in the manner taxes are collected.  were imposed.  Copies of the above application and site plan are available for review at the Town Office located at 15 North Street, Onancock, VA 23417 during normal business hours. The public is invited to attend these hearings and comment or participate in the proceedings.    Questions or comments may be directed to Mr. Bill Kerbin, Town Manager, at 757-787- 3363, or email at kethin@onancck.som. or at the work address above.  TO: Eastern Shore Post  Advertise on the following date: October 13, 2018 Authorized by: Town Manager, Town of Onancock  Bill to:  Town of Onancock, VA 15 North Street, Onancock, VA 23417    SUGGESTED MOTION: Mr. Mayor, I move that the Onancock Town Council approve the attached procurement policy effective January 1,2019 subject to review oft the town attorney.  AGENDA  TOWN COUNCIL  October 22, 2018  SUBJECT: Approval and adoption oft the procurement policy.  RECOMMENDATION: Staffrecommends: approval oft the procurement policy  TIMING: Current  DISCUSSION: The Town currently does not have aj procurement policy. Based on state law, the town is not required to have a policy since our population is under 3500 residents. This policy would provide the following benefits to procuring goods, services and contracts: 1) ensure that the Town is securing the best price for goods and services; and 2) removes potential for appearance of political favoritism. Ihave attached aj procurement policy for your review and approval. Ifapproved, I will submit the policy for review by the Town attorney.  Staff: Bill Kerbin Town Manager  Attachment: Procurement policy  Copy:    PROCUREMENI POLICY  CHAPTER1- GENERAL PROVISIONS  Section 1-7 Title  This document shall be known as the Town of Onancock Procurement Policy.  Section 2- Organization  The Town Manager supervises all day-to-day operations for the Town ofOnancock. The Town  Manager supervises all procurement operations.  Section 3 - Responsibility  The Town Manager is responsible for managing all Town procurement activity and implementing this Procurement Policy. The Town Manager shall utilize modern procurement and supply management techniques and ensure all procurement activity complies with applicable laws and  generally accepted professional standards.  Section 4-1 Duties  The Town Manager shall adhere to and comply with the rules and regulations consistent with this Policy and the laws of the Commonwealth ofVirginia, ifa applicable, governing the operations of Town Procurement. The Town Manager shall propose amendments to this Procurement Policy The Town Manager shall coordinate procurement procedures among departments by becoming acquainted with the needs of each, assisting in the preparation of specifications, locating the sourcesofneeded, products or services andj providing follow-up after delivery. Procurement shall review the quality, quantity, and kind of goods and services requested and recommend The Town Manager shall act as the Town's representative on matters pertaining to procurement as The Town Manager shall ensure procurement actions are properly documented and maintain all The Town Manager shall pursue the implementation of a fully automated and integrated procurement system, including use ofelectronic media for vendor communications, solicitation,  from time to time as needed.  alternatives, ifappropriate. defined within this Policy. related records.  distribution, and e-commerce activities. Section 5- Cooperative Procurement  The Town may participate in, sponsor, conduct, or administer a cooperative procurement    agreement with one or more public bodies or agencies of the United States for the purpose of combining requirements to increase efficiency or reduce administrative expenses. Nothing herein shall prohibit the assessment or payment by direct or indirect means of any administrative fee that  shall allow for participation in any such arrangement.  Section 6- Definitions  Best Value means the overall combination of quality, price, and various elements of required goods and services that in total are optimal relative to the Town's needs. Procurement shall use best value bid evaluation when procuring certain goods and nonprofessional services when iti isin the best interests of the Town to allow factors other than price to be considered in making an award. The factors to be used in making the award and the numerical weighting for each factor are predetermined in a solicitation. Best value bid evaluation factors may include any of the  following or other factors determined to be relevant by the Town Manager. Operational costs incurred by the Town if the bid is accepted; Reliability ofc delivery and implementation: schedules;  ( Quality of the good or service; Life-cycle costing; return policy; - Vendor financial stability;  Maximum facilitation of data exchange and systems integration; warranties, guarantees,and Consistency of proposed solution with Town's planning documents and strategic direction;  Quality and effectiveness ofthe business solution and approach; Vendor expertise with projects of similar scope and complexity; Consideration of potential product acceptance by all user groups; Proven development methodologies and tools; and - Innovative use of current technologies and quality results.  Industry and program experience; - Prior record ofvendor performance;  Competitive Sealed Bidding is a formal method of selecting the lowest responsive and responsible bidder. It includes the issuance of a written Invitation for Bid (IFB), public notice, a public bid opening, and evaluation based on the requirements set forth in the IFB. The Town Manager may elect for prequalification of bidders or include a statement of any requisite qualifications ofp potential contractors in the IFB. Multiple awards may be made when sO specified int the IFB. An IFB may bei issued to vendors electronically. Bids may be submitted electronically Competitive Negotiation is a formal method of selecting the top-rated offeror. It includes the issuance ofal Request for Proposals (RFP), public notice, evaluation based on the criteria set forth in the RFP and allows negotiation with the top-rated offeror. Any unique capabilities or qualifications required of the contractor shall be set forth in the RFP. An RFP may be issued to vendors electronically. Offers may be submitted electronically if specifically authorized in the Construction shall mean building, altering, repairing, improving, or demolishing any  ifs specifically authorized in the IFB.  RFP.  2    structure, building, road, drainage or sanitary facility, and any draining, dredging, excavation, Construction Management contract shall mean a contract in which a party is retained bythe 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 theowner. Design-build contract shall mean 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, Emergency shall be deemed to exist when a breakdown in machinery and/or a threatened termination of essential services or a dangerous condition develops, or when any unforeseen Firm shall mean any individual, partnership, corporation, association, or other legal entity permitted by law to practice in the Commonwealth of Virginia; or any other individual, firm partnership, corporation, association, or other legal entity qualified toj perform professional services. Goods shall mean all material, equipment, supplies, printing, and automated data processing Informality shall mean a minor defect or variation of a bid or proposal from the exact requirements oft the IFB or RFP which does not affect the price, quality, quantity, or delivery Nonprotessional services shall mean any service not specifically identified below as a 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 contracts, and all phases of contract administration. Professional or consultant services shall mean work performed by an independent contractor within the practice of accounting, actuarial services, architecture, land surveying, landscape architecture, law, dentistry, medicine, optometry, pharmacy, or professional engineering. Public body shall mean any legislative, executive, or judicial body, agency, office, department, authority, post, commission, committee, institution, board, or political subdivision created by law to exercise some sovereign power or to perform some governmental duty and empowered by law to undertake the activities described in this policy. Public body shall include any metropolitan planning organization or planning district commission which operates exclusively within the Public contract shall mean an agreement between a public body and a nongovermental  grading, or similar work upon real property.  roadway or other item specified in the contract.  circumstances arise causing curtailment or diminution ofe essential services.  hardware and software.  schedule for the goods, services, or construction being procured.  professional or consultant service.  Professional services shall be procured by competitive negotiation.  Commonwealth of Virginia.  3    source that is enforceable in a court oflaw.  Public or Town employee shall mean any person employed by the Town, including elected Responsible bidder or Responsible offeror shall mean an individual, company, firm, corporation, partnership, or other organization whol has the capabilityi in all respects to perform fully the contract requirements and the moral and business integrity and reliability which will assure Responsive bidder shall mean an individual, company, firm, corporation, partnership, or other organization who has submitted a bid which conforms in all material respects to the Services shall mean any work performed by an independent contractor wherein the services rendered do not consist primarily of acquisition of equipment or materials or the rental of Surplus property shall mean any property that exceeds the requirements ofthe entire Town. Targeted business shall mean businesses that are small, locally-owned, locally-operated, or Virginia Public Procurement Act shall mean those portions of the Code of Virginia, 1950,  officials or appointed members of governing bodies.  good faith performance and who has been prequalified ifr required.  Invitation for Bids.  equipment, materials, and supplies.  owned by a woman or minority.  as amended designated as the Virginia Public Procurement Act. CHAPTER: 2. - PROCUREMENT POLICIES  Section 1- Compliance  All Town of Onancock procurement transactions shall comply with the Code of Virginia, if  applicable, and the Town of Onancock Town Procurement Policy.  Section 2 - Procurement Methods  1-Use of Competitive Sealed Bidding or Competitive Negotiation  Unless otherwise authorized by law or provided for in this Policy, all Town contracts with nongovernmental contractors for the purchase or lease of goods, or for the purchases of services, insurance or construction shall be awarded after competitive sealed bidding or competitive  negotiation.  2-Competitive Sealed Bidding and Competitive Negotiation  Whenever the Town seeks to procure a good or service estimated to cost more than $50,000, an Invitation to Bid or a Request for Proposals shall be issued. Best value concepts may not be  4    considered when procuring construction or professional services. Purchases shall not be split to avoid the $50,000 limit. An Invitation to Bid shall either be advertised in a newspaper of general circulation or posted in a designated public area at least ten working days prior to the date bids are due. Al Request for Proposals shall be advertised oncei in ai newspaper of general circulation atl least ten days prior to the date proposals are due. Responses to Formal Sealed Bids and Proposals are The Town Manager shall have the authority to waive informalities in bids/proposals, reject all bids/proposals, or parts ofa all bids/proposals, when in the Town Manager's judgment, the public interest is not served. The Town Manager shall determine the responsibility ofa bid or proposal 3- Construction Management/Design Build Services Procurement Method A. In addition to competitive bidding and competitive negotiations, the Town may enter into a contract for construction on a fixed price or not-to-exceed price design-build or construction  secured unopened until the date and time specified in the advertisement.  and responsiveness of a bid.  management basis consistent with this policy and law.  B. Competitive Negotiation - Construction Management / Design Build Services  .Determination  a. The Town may enter into a contract for construction on a fixed price or not-to-exceed price design- build or construction management basis in accordance with the Virginia Public $2.2-4308. Prior to issuing a Request for Proposals for any design-build or construction management project, the Town Manager will document that a) the design-build or construction management contract is more advantageous than a competitive sealed bid construction contract, b) there is a benefit to the Town by using a design-build or construction management contract,  Procurement Act(VPPA)  and c) competitive sealed bidding is not practical or fiscally advantageous.  2. Evaluation Committee  a. The Town Manager shall appoint an Evaluation Committee which will include a licensed professional engineer or architect with professional competence appropriate to the proposed project. The licensed professional engineer or architect shall advise the Town regarding the use of design-build or a construction management project and will assist with the preparation oft the Request for Proposals consistent with this Policy for competitive negotiation ofnon-professional services and will assist in the evaluation of proposals. The licensed professional engineer or architect services may be provided under aj professional services contract by a qualified person or 3. Selection, Evaluation and Award of Construction Management or Design- Build Contracts. a) Design Requirements. The Request for Proposals shall include and define the criteria of the construction project in the areas such as site plans; floor plans; exterior elevations; basic building  firm.  5    envelope materials; fire protection information plans; structural, mechanical (HVAC), and electrical systems; special elecommunications; and may define such other requirements as the b)s Selection, Evaluation and Award Factors. Proposal evaluation factors and other source selection criteria shall be included in the Request for Proposals for the specific design-build c)S Selection shall be made of two or more offerors deemed to be fully qualified and best suited among those submitting proposals, based on the factors involved in the Request for Proposals, including price ifs so stated in the Request for Proposal. Negotiations shall then be conducted with each of the offerors sO selected. After negotiations have been conducted with each offeror sO selected, the Town shall select the fully qualified offeror which, in its opinion, has made the best value proposal in response to the Request for Proposals, and shall award the contract to that offeror. When the terms and conditions of multiple awards are sO stated in the RFP, awards may be made to more than one offeror. Should the Town determine in writing andi ini its sole discretion that only one offeror is fully qualified, or that one offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that offeror. Trade secrets or proprietary information provided by an offeror in response to a request for qualifiçations or a 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 $ 2.2-4342(F). d)The Town Manager may promulgate such additional procedures, not inconsistent with the provisions of this section and consistent with the procedures for the procurement of nonprofessional services through competitive negotiations, as deemed necessary and appropriate to effect the selectionand evaluation of offerors and the award of design-build and construction  Town determines appropriate for the construction project.  or construction management project.  management contracts. 4-Sole Source  Sole source procurement is authorized when there is only one source practicably available for the required goods or services. Competition is not available in a sole source situation; thus, distinguishing it from a situation where the product required is restricted to the manufacturer@stpulates, but is sold through distributors and competition between them can be obtained. Sole source justification based solely on a single vendor's capability to deliver in the least amountof time is not appropriate since availability alone is not a valid basis for determining a sole source procurement. All sole source procurement requires Town Manager approval.  5-Emergency  Inc case ofan emergency, as defined! herein, a contract may be awarded without competitive sealed bidding or competitive negotiation; however, such procurement shall be made with such competition as is practical under the circumstances. Except as provided below, approval by the Town Manager shall be required for all emergency purchases. Ifan emergency occurs at a time other than regular Town business hours, the Department Manager may purchase the required goods or services in an amount not to exceed $50,000. Emergency procurements over  6    $50,000 shall be approved by the Town Manager or designee. The Department Manager shall, not later than the next business day, submit a requisition, tabulation of bids received (if any),  delivery record, and a briefexplanation of the emergency.  6-Small Purchases  Any procurement not expected to exceed $50,000 in expenditure of public funds, from any source, may be made in accordance with the following small purchase limits. Procurements from $500 - $2,500 may be made upon receipt of one written or verbal quote or proposal. Solicitation ofthree quotes or proposals are required for purchases of $2,501 - $50,000. This requirement may be Award shall be made to the lowest responsive and responsible vendor that supplies a quote or to the offeror which made the best proposal. Procurement requirements shall not be artificially divided SO as to constitute a small purchase under this policy. Similar items or services may be  waived ift the purchase involves a state contract.  combined for formal competition at the Town Manager'sdiseretion.  7-Best Value Bid  The Town reserves the right under very limited circumstances to use best value bidding when procuring certain goods and nonprofessional services when it is in the best interests of the Town toa allow factors other than price to be considered in making an award. The factors to be used in making the award and the numerical weighting for each factor are predetermined in a solicitation. Best value bid evaluation factors may include any of the following or other factors determined to  be relevant by the Town Manager. Quality oft the good or service; Life-cycle costing; return policy; - Vendor financial stability;  Operational costs incurred by the Town ift the bid isa accepted; Reliability of delivery and implementation schedules;  - Maximum facilitation of data exchange and systems integration; warranties, guarantees, and Consistency of proposed solution with Town's planning documents and strategic direction;  Quality and effectiveness of the business solution and approach; Vendor expertise with projects of similar scope and complexity; Consideration of potential product acceptance by all user groups; Proven development methodologies and tools; and Innovative use of current technologies and quality results.  Industry and program experience; Prior record of vendor performance;  Section 3- Prequalification  Prospective contractors may be prequalified for particular types of goods, services, insurance or construction and consideration of bids or proposals limited to prequalified contractors. Any prequalification procedures shall be established in writing and sufficiently in advance of their  7    implementation to allow potential contractors a fair opportunity to complete the process. The Town Manager may deny prequalification to any contractor only upon finding one oft the a) The contractor does not have sufficient finançial ability to perform the contract that would result from such procurement. Ifa 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 Town shall be sufficient to establish the financial ability of such contractor toj perform the contract resulting from b) The contractor does not have appropriate experience toj perform the construction projectin c)The contractor or any officer, director or owner thereof has had judgments entered against him within the past ten years for the breach of contracts for governmental or nongovernmental construction, including, but not limited to, design-build or construction management. d) The contractor has been in substantial noncompliance with the terms and conditions of prior construction contracts with the Town without good cause. Ift the Town has not contractedwith: a contractor in any prior construction contracts, the Town 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 Town may not utilize this provision to deny prequalification unless the facts underlying such substantial noncomplance were documented in writing in the prior construction project file and such information relating e) The contractor or any officer, director, owner, project manager, procurement manager ord chief financial officer thereof has been convicted within the past ten years of a crime related to governmental or nongovernmental. construction or contracting, including, but not limited to, a violation of (i) Article 6 (S 2.2-4367 et seq.) of the Virginia Public Procurement Act, (ii) the Virginia Governmental Frauds Act (Virginia Code $ 18.2-498.1 et seq.), (ii) Chapter 4.2(8 59.1- 68.6ets seq.)ofTitle 59.1 oft the Virginia Code, or (iv) any substantially similar law of the United fThe 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 g) The contractor failed to provide to the Town in a timely manner any information requested  following:  such procurement. question.  thereto given to the contractor at that time, with the opportunity torespond.  States or another state.  another state or agency of the federal government. by the Town relevant to items a) through f) above. Section 4- Contract Approval Authority  Authorization by the Town Manager shall be required for the award of all contracts less than $50,000. Authorization by the Town Council shall be required for the award of all contracts over  8    $50,000.  Section 5- Authority to Amend or Terminate a Contract  Any Town of Onancock contract that includes provisions for modification of the contract during performance may be amended by the Town Manager. Any single or cumulative increase toa fixed price contract that would result in a new contract amount over $50,000 requires approval of the Town Council. The Town Manager may terminate any contract for convenience, cause, or non- appropriation off funds in accordance with the contract terms and conditions after consultation with  the Office of the Town Attorney. Section 6- Preferences and Tie Bids  In accordance with the Code of Virginia, Town of Onancock does not grant preferences or set- asides except in the case oftie bids. Ifall bids are for the same total amount or unit price (including authorized discounts and delivery times) and ift the public interest will not permit the delay ofre- advertisement for bids, the Town Manager shall be authorized to award the contract to the resident oft the Town of Onancock, a tie bidder whose firm has its principal place of business in the Town, or ift there be none, to the resident Virginia tie bidder, or if there be none, to the most qualified  bidder based on past work experience. Section 7- Vendor Outreach  The Town Manager is the Town's main contact point with vendors. As such, the Town Manager will pursue outreach activities that may include developing specialized publications and  encouraging vendor visits with Office staff. Section 8- Anti-diserimination  The Town of Onançock conforms, as applicable, to the provisions oft the Federal Civil Rights Act of 1964, as amended; the Virginia Fair Employment Contracting Act of 1975, as amended; the Virginians withl Disabilities Act; the Americans With Disabilities Act, and Sections 2.2-4310 and 2.2-4311 ofthe Virginia Public Procurement Act. All bidders/offerors who submit bids/proposals to the Town are required to certify they conform to these same anti-discrimination requirements.  Section 9- Debarment or Suspension  Debarment is the Town's exclusion of certain individuals or firms from contracting with the Town for a specified period oft time. The Town Manager may debar a person or company from consideration for awards or contraçts upon a finding of cause that the vendor has engaged in any 1. Unsatisfactory performance on a contract with the town of Onancock or another public body, including but not limited to, failure to comply with contract terms and conditions or to 2. Offering any gift, gratuity, favor, or advantage to any Town employee who exercises  ofthe following activities.  meet specification/scope ofservices requirements.  9    official responsibility for procurement transactions.  3. Failing to disclose a condition constituting a conflict ofinterest by any officer, director, owner, or partner of the vendor in a contract or purchase order awarded by the 4. Conviction of any officer, director, owner, partner, or agent of the vendor of any 5. Court judgment finding a violation of Federal or State antitrust laws.  Town.  criminal offense involving public contracting.  6. Conviction of any criminal offense, or a judgment in civil litigation, which indicates a 7. Abandonment of performance or termination for default on any other Town of 8. Default on any surety bond or written guaranty on which the Town of Onancock is an 9. The filing ofal bankruptcy petition, by, against, or regarding the contractor.  lack of moral or business integrity. Onancock Town project.  obligee.  10. Any other cause that the Town Manager determines to be sO serious and compelling as to affect responsibility as a contractor, such as debarment by another governmental entity for any The Town Manager may suspend a person or company from consideration for an awardor contracts for a period up to three months upon a finding of probable cause that might lead to In debarring or suspending any individual or firm from contracting with the Town, the Town  cause listed herein, or prior reprimands.  debarment.  Manager shall follow all applicable procedures outlined herein.  Section 11- Excess and Surplus Property The Town Manager shall be responsible for:  1.F Redistribution of serviceable excess personal property.  2. Disposal of surplus Town personal property through sealed bid, auction, trade-in, or fixed price sales. Some personal property may also be disposed ofbyj junking, sale as scrap metal, or 3. Disposal of unclaimed property in the custody of the Police Department in accordance with Surplus Town property may be donated to charitable and other non-Town activities where  cannibalization.  the Code of Virginia Sections 15.2-1719, 15.2-1720 and 15.2-1721.  10    appropriate. The Town Manager shall evaluate the request for donation and first determine whether the requested item is needed by any Town agency. Other factors to be considered in the evaluation are availability oft the requested item, serviceability, compatibility to the intended use  and potential benefits to the Town, including public relations and goodwill.  Section 12- Public Procurement Ethics  All Town of Onancock Town procurement is subject to and will be conducted in accordance with the State and Local Conflict of Interests Act and the Governmental Frauds Act.  11    RESOLUTION OF TOWN COUNCIL THE TOWN OF ONANCOCK  The Town Council ofthe Town of Onancock consisting of  members, ina a duly called at which a quorum was  meeting held on the present RESOLVED as follows:  day of  20  BE IT HEREBY RESOLVED that in order to facilitate obtaining financial assistance from the United States of America, United States Department of Agriculture, Rural Development (the Government) in the purchase ofal Police Vehicle and Equipment to serve the community, the Town Council does hereby adopt and abide by all covenants contained in the agreements,  documents, and forms required by the Government to be executed.  BE IT FURTHER RESOLVED that the Mayor and Town Manager of the Town of Onancock be authorized to execute on behalf of Town of Onancock the above-referenced agreements, documents, and forms and to execute such other documents including, but not limited to, debtinstruments, security instruments, and/or grant agreements as may be required in obtaining  the said financial assistance.  This Resolution is hereby entered into the permanent minutes of the meetings of this  Council.  Town ofOnancock [ENTITY NAME] [SIGNATURE ANDTITLE)  By:  Attest:  SIGNATURE AND TITLE]  CERTIFICATION  Ihereby certify that the above Resolution was duly adopted by the Town Council of the  TownofOnancock in a duly assembled meeting on the  day of  20  Secretary/Clerk  Revised 08/23/2018            Town Manager's Report October 22, 2018  ICMA Conference  Ia attended the ICMA conference from September 231d- 26th in Baltimore. The conference hosts city managers, county administrators, department heads and student interns from throughout the world. I attended sessions on succession planning, implementing successful regulations for airbnbs, business  retention, and practices for selling your community to retailers.  Transfer of Streets to VDOT  Shoreline surveyors will be surveying East and Waples Streets to that the town can transfer these streets to VDOT. Once the surveys are complete, I will reach back out to VDOT to determine: I)the streets meet the criteria to be transferred; and ifso, 2) the remaining requirements needed to transfer these streets over to  VDOT.  Northeast Neighborhood Revitalization Project  Iam setting up a meeting with Clinton Strand and some other residents int thel Northeast Section community  to discuss the project and hope to hold this meeting in November.  Home and Garden Tour Preparations  The Garden Tour Committee has been meeting to discuss goals to prepare for the Home and Garden Tour scheduled for May 4, 2019. The goals include improvements to the restrooms at Town Hall, plantings in gardens around Town including the Welcome Sign, Custis Park and Town Hall; and edging sidewalks and street sweeping on Market Street. VDOT is planning to edge sidewalks in Spring, 2019 along Market  Street and also schedule street sweeping prior to the tour.  Wharf Interpretive Panel  The mayor andI Ir met with Shannon Alexander regarding the content for an interpretive panel to bei installed at the wharf. The panel will include information on wildlife and history of Onancock as well as a map. A  grant is funding the panel. The panel is planned to be installed in Spring, 2019.  VDOT Projects  VDOT engineering is reviewing the Town's request to remove 5 parking spaçes in front of the Charter building and to install crosswalks around Town. The parking spaces should be eliminated sometime in the Winter or Spring of2019. The crosswalks for. Jackson and Market Streets, and North and Market Streets are planned to be installed in the Summer of2 2019; and the crosswalks for King and North Streets, and  Ames and Market Streets are planned to bei installed at a later date to be determined.        -  3    00 10                888 E iy  :    N:e  00    i  10    ONANCOCK POLICE DEPARTMENT Summary of Police Activities for  September 2018  Events initiated  1,522  Court:  Number of times attended Amount of fines  Three $5,196.00  Traffic:  Number of summons issued Number of warnings  30 20  Event Type ALARM ACTIVATION ASSAULT- simple ASSIST- other agency BUSINESS- check CITIZEN- assist/complaint CITIZEN- welfare check DISORDERLY CONDUCT DOMESTIC- verbal INVESTIGATION MINOR- curfew violation RESIDENCE CHECK  #of 1 1 18 90 17 2 3 1 8 1 26  Event Type ANIMAL COMPLAINT ASSIST- motorist BUSINESS- assist/complaint BUSINESS- found unsecured 1 CITIZEN- fraud DEATH- unattended/other DOMESTIC- assault DRUNK IN PUBLIC MENTAL HEALTH- problems TRESPASSING SPECIAL PATROLS  #of 2 4 8 1 1 2 1 1 1 1,131