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02-19-2015 Regular MeetingI.KEGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF FEBRUARY THE YEAR TWO THOUSAND AND FIFTHTEEN AT 5:00 P.M. IN TH411, V'-,-OBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHi COUNTY COURTHOUSE I PRESENT: Byron B. Bailey Rex W. Alphin Delores C. Darden Alan E. Casteen Rudolph Jefferson Also Attending: Mark C. Popovich, County Attorney Anne F. Seward, County Administrator Carey Mills Storm, Clerk County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning a discussion regarding the appointees to County boards/committees or authorities; pursuant to Section 2.2-3711(A)(3) concerning a discussion on publicly held real property where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body related to the Ennisdale property; pursuant to Section 2.2-3711(A)(3) concerning a discussion on publicly held real property where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the public body related to the Stoup property; pursuant to Section 2.2-3711(A)(7) related to consultation with legal counsel employed by this public body regarding specific legal matters requiring the provision of legal advice by such counsel related to annexation by the Town of Smithfield; and, pursuant to Section 2.2- 3711(A)(7) .2 - 3711(A)(7) concerning consultation with legal counsel pertaining to actual litigation where such consultation in open meeting would adversely affect the litigating posture of this public body relating to the discrimination and defamation of character suit filed by the former Economic Development Director. Supervisor Bailey moved that the Board enter the closed meeting for the reasons stated. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the Board return to open meeting. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that the following Resolution be adopted: 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. AYES: Bailey, Darden, Jefferson, Alphin and Casteen The Board took no action following the closed meeting. H At 6:00 p.m., Chairman Alphin delivered the invocation and led the Pledge of Allegiance to the Flag. H County Attorney Popovich requested the following changes to the agenda: Under Public Hearings, remove Item (B.), Appeal by VA Timberline Related to Request for a Bond Reduction; under the County Administrator's report, remove Item (A.), Bond Refunding and Financing Opportunities; under New Business, add a discussion on the Windsor Volunteer Fire Department; and, following New Business, add a closed meeting. 2 Supervisor Darden moved that the agenda be adopted, as amended. T ' motion was adopted by a vote of (5-0) with Supervisors Alphin, Baile Casteen, Darden and Jefferson voting in favor of the motion and I Supervisors voting against the motion. A. Resolution - Accept and Appropriate a Stormwater Local Assistance Fund (SLAF) Grant C. Resolution - Accept and Appropriate DMV Animal Friendly License Plate Program Funding D. Motion — Deny a Request for Funding for the Fort Bee Highway Historical Marker E. Staff Report: Update on Carrollton Volunteer Fire Department Compliance with OMD Requirements Supervisor Casteen moved that Item (D), Deny Request for Funding for the Fort Bee Highway Historical Marker, be removed and that the remainder of the Consent Agenda be approved. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Regarding Item (D), Deny Request for Funding for the Fort Bee Highway Historical Marker, County Administrator Seward advised that responsive to budget amendments which were occurring routinely, a policy was established outlining a process by which all non-profit organizations which provided criteria could be evaluated. She stated that while this request would meet the criteria contained in the policy, in order to be fair, it should go through the same process as the other non-profit organizations. Chairman Alphin commented that while it is important to follow established policies and guidelines, he sees this as a unique situation which does not involve a great deal of money Supervisor Bailey moved to fund the Fort Bee Highway Marker in the amount of $875.00. The motion was defeated by a vote of (3-2) with Supervisors Darden, Jefferson and Casteen voting against the motion and Supervisors Bailey and Alphin voting in favor of the motion. I Supervisor Jefferson reported that the Western Tidewater Regional Jail continues to be operated within budget and with no maintenance issues. He advised that medical expenses continue to increase, but inmates have provided 503.5 hours of labor, for a savings in labor cost to the County of $5,035. He advised that the Jail has signed an MOU for a formal energy audit and it is committed to its inmates by offering a host of programs so that they may successfully return to the community. Supervisor Casteen reported that only routine matters had been discussed at the most recent meeting of the Western Tidewater Water Authority. ills %1$- 0 1 -0 6 - I - I J110JI's ININ. We. XVA;KqjL9jAIIrVWW§jII 1 0 1 ^ - 11080-111061611011EMINUM 0 0 Chairman Alphin reported that staff had recently met with Green Mountain representatives and looks forward to a continued relationship with them in the future. Chairman Alphin reported that the Hampton Roads Transportation Accountability Committee is giving consideration to adding two lanes each way at Bowers Hill Road over the high rise bridge. Supervisor Jefferson moved that Lee Duncan be reappointed to represent the Hardy District on the Historical Architectural Review Committee. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that Janet Robertson be reappointed to represent the Hardy District on the Commission on Aging. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and Supervisors voting against the motion. Supervisor Jefferson moved that Pete Farmer be reappointed to represent the Hardy District on the Commission on Aging. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Jefferson moved that Bobby Bowser be appointed to represent the Hardy District on the Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. M Supervisor Bailey moved that Robert Lockhart be appointed to represent the Newport District on the Commission on Aging. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Richard Gillerlain be appointed to represent the Newport District on the Planning Commission, replacing Kurt Frischmann. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Casteen moved that Ron Spivey be reappointed to represent the Smithfield District on the Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Jeffery Terwilliger, the County's new Chief of Emergency Services, was formally introduced to the Board and public. Greg Grootendorst, Chief Economist, Hampton Roads Planning District Commission, presented economic and population projections for the region and the potential impact on the County. Mark W. Furlo, Director of Parks and Recreation, provided an overview of the Spring/Summer recreation and leisure classes and programs offered by the Department of Parks and Recreation as contained in the Leisure Guide. Supervisor Casteen requested that Mr. informational items in the next agenda. CITIZENS' COMMENTS Furlo's presentation be included in the Betsy Egan, Smithfield District, spoke in opposition to the ISLE 2040 Plan. She requested that no changes be made to the 2008 Comprehensive Plan and official land use maps without countywide scenario based planning. She spoke in favor of well planned growth, but spoke against where the excess growth is being promoted. Bill Egan, Smithfield District, identified flaws in the proposed ISLE 2047 Plan and recommended a countywide transportation plan be developed I, MEEMOM Shelley Perry, Hardy District, spoke against growth and increased taxes. I Herb DeGroft,, Hardy District, spoke regarding growth inaccuracies. Dale Scott, member of the Windsor Volunteer Fire Department, requested the Board to adopt the revised Facilities Use Agreement and restore funding to all stations. Fred Mitchell, member of the Carrollton Volunteer Fire Department, requested that funding be restored to that agency. Richard Cratch, 15355 Carrollton Boulevard, requested that churches be exempt from taxes; that the Board favorably consider the revised Facilities Use Agreement; and, that growth in the County be well planned. A. Resolution to Adopt the FY 2016-2025 Capital Improvements Plan Charles Meek, Assistant to the County Administrator, provided a recap of the proposed FY2016-2025 Capital Improvement Plan PowerPoint presentation which was provided to the Board at its January 22, 2015 meeting. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Capital Improvements Plan. Vope Boykin of Walters Highway noted that the County just experienced a 33% tax increase and any projects approved in the CIP should be paid for with increasing taxes or the County having to borrow the funds to do it. Shelley Perry of Melissa Drive stated do not spend what the County does not have and keep the County on a budget. Herb DeGroft of Mill Swamp Road requested that items be allocated correctly, such as roof and bus replacements which should be in the CIP and not in the Operating Budget. Jim Henderson of Doggett Lane stated he would like to see if half of the Plan contains bond issues and is it a net increase in debt or does it reduce debt. He stated he would also like to see a payback plan or return on investment plan included in the Plan. Ed Easter of Hideaway Lane concurred that the best method of funding the school system is to include funding for roof and bus replacements in CIP and not in the Operating Budget. Fred Mitchell of Sugar Hill Road commented that the fund for the proposed projects in the CIP could be more wisely spent elsewhere. He requested that the Board protect what the County has and be realistic with funding. I Chairman Alphin closed the public hearing and called for comments from the Board. County Administrator Seward clarified that the Capital Improvement Plan is simply a plan developed to take advantage of grants should they arise. She explained that a CIP is intended to look at what is needed for the future of our community and future generations and a budget is a one-year snapshot of how we are going to pay the bills for the next twelve months. She stated the CIP is also the document used by the Planning Commission when the development community comes before the Commission with what they want to build. She advised that funds will be allocated for this year's Capital Budget with the adoption of Operating and Capital Budget which is to occur before June 30", 2015. Chairman Alphin requested County Administrator Seward to elaborate on the County's newly adopted "Pay as You go" policy. County Administrator Seward explained that the "Pay as You Go" plan is one of the seven key best financial management practices which every good local government has and is a concept that 100% of what a government does is not financed. She advised that the County should be taking in some revenues annually and allocating them in the CIP. She stated 3% of revenues generated should be going towards infrastructure and capital improvements. She stated that the County puts its 3% in a capital maintenance pot which is funds for projects over $50,000 but doen't lend themselves to long-term borrowing. Supervisor Jefferson moved that the following be adopted: A RESOLUTION TO ADOPT THE FY 2016-2025 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 2016-2025 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 2016- 2025 Capital Improvements Plan. N The motion was adopted by a vote of (4-1) with Supervisors Bailey, Alphin, Darden and Jefferson voting in favor of the motion and Supervisor Casteen voting against the motion. Following a ten-minute break, the Board returned to open session. %I B. Amend Conditional Zoning of 4.33 acres located at 14214 Carrollton Boulevard Richard Rudnicki, Assistant Director of Planning and Zoning, provided a PowerPoint presentation on the background of the application noting that the Planning Commission voted to recommend approval as presented. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Capital Improvements Plan. • • `.•�- - • r• Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey moved to approve the waiver request. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. D. Ordinance — Amend and Reenact Chapter 2, Administration, Article III, Industrial Development Authority to Officially Change the Name of the Industrial Development Authority to the Economic Development Authority County Attorney Popovich advised that this revision to the ordinance will effectuate a name change from the Industrial Development Authority to the Economic Development Authority to better capture the scope of work that is to be performed by that body. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Capital Improvements Plan. Chairman Alphin closed the public hearing and called for comments from the Board. M Supervisor Casteen moved to approve the proposed revisions to Chapter 2, Article 111, Economic Development Authority, as presented: AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 2. ADMINISTRATION. ARTICLE 111. INDUSTRIAL DEVELOPMENT AUTHORITY WHEREAS, the Board of Supervisors of Isle of Wight County, Virginia, has deemed it to be in the best interest of Isle of Wight County to change the official name of the Industrial Development Authority of the County of Isle of Wight to the Economic Development Authority of Isle of Wight County, as such change more accurately reflects the intended objectives of said body; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 2. Administration. Article 111. Industrial Development Authority of the Isle of Wight County Code be amended and reenacted as follows: Article 111. Economic Development Authority. For state law as to authority of county to create economic development authority, see Code of Va., § 15.2-4903. As to powers of economic development authority, see Code of Va., § 15.2-4905. Sec. 2-12. Political subdivision—Created. There is hereby created a political subdivision of the commonwealth with such public and corporate powers as are set forth in the Industrial Development and Revenue Bond Act (Chapter 49, Title 15.2, §§ 15.2-4900 et seq.), including such powers as may hereafter be set forth from time to time in such Act. (12-5-68, § L; 2-19-15) Sec. 2-13. Same—Name. The name of the political subdivision of the commonwealth created by this article shall be the "Economic Development Authority of Isle of Wight County." (12-5-68, § 2.; 2-19-15). The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. County Administrator Seward mentioned that the issue of the bond refunding and financing opportunities was removed from the agenda under Approval of 7 the Agenda. She advised that bids were solicited; however, it did not materialize as a financial option. Jamie Oliver, Planner, briefed the Board on VDOT's new recommended preferred alternative 460 alignment route announced on January 12, 2015 and adopted by the Commonwealth Transportation Board on February 18, 2015. Chairman Alphin mentioned that the entire new proposed route is outside the Town of Windsor town limits and all this traffic will now be bypassing the Town of Windsor and it will have a long-term adverse effort on the Town's dining establishments which will affect the Town revenues substantially. Beverly H. Walkup, Director of Planning and Zoning, provided an update on improvements with the following major development projects: Benns Church intersection, Benns Grant residential, St. Lukes Village, Brewer's Station, the Crossings, Eagle Harbor Tract 8, Archer's Meade and Bridgepoint Commons. Mary Beth Johnson, Director of Human Resources, briefed the Board regarding proposed amendments to Chapter 1: Personnel, Article V, Sections 5.8, 5.9 and 5.11 and Chapter 1: Personnel, Article VI, Section 6.2 and Amend and Re -adopt Chapter 7: Miscellaneous - Employee Related, Article 11 of the County Policy Manual. Supervisor Darden moved that the following Resolution be adopted: RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V, SECTIONS 5.8, .. 5.11 AND CHAPTER 1: PERSONNEL, ARTICLE VI, SECTION 6.2 AND AMEND AND RE -ADOPT • 7: MISCELLANEOUS — EMPLOYEE RELATED,, • 11 OF THE COUNTY •! MANUAL WHEREAS, the County has established guidelines regarding the provision of Military Leave, Court Leave, Unauthorized Leave, the Tuition Reimbursement Program, and Emergency Conditions and Unexpected Closings under Chapter 1: Personnel, Article V, Sections 5.8, 5.9 and 5.11, Article VI, Section 6.2, and Chapter 7: Miscellaneous — Employee Related, Article II of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article V, Sections 5.8, 5.9 and 5.11 and Article VI, Section 6.2 and to amend and re -adopt Chapter 7: Miscellaneous — Employee Related, Article 11 of the County Policy Manual to afford for enhanced employee guidance by clarifying guidelines regarding military leave provisions and the associated employee and employer rights and responsibilities, court leave utilization, unauthorized leave, the Tuition Reimbursement Program, and the handling of Emergency Conditions and Unexpected Closings; and 10 NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Sections 5.8, 5.9 and 5.11 and Article VI, Section 6.2 of the County Policy Manual is hereby amended as follows: Chapter 1: Personnel ARTICLE V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014, December 18, 2014, February 19, 2015) Section 5.8 (Revised February 2, 2006, February 19, 2015) Military Leave An empleyee who is a member- of the United States 9 9 9 9 Guafd, National -Guard, -Resefves, ^r Publie uealth-Serviee- Any employee who is or may become a member of any reserve component of the armed forces of the United States shall be will be granted an unpaid leave of absence for- litai-y-aero^®, --n- from °°^—n-from his/her respective duty without loss of time, regular leave, accrued leave, impairment of employee evaluation, or any other rights or benefits to which he is otherwise entitled, for all periods of military service of the state or the United States, under competent orders, in accordance with applicable law. Employees will also be granted time off for military training. Employees should advise their supervisor and/or department head of their training schedule and/or other related obligations as far in advance as possible. Employees on military leave may substitute their accrued paid leave time for unpaid leave. Continuation of Health Benefits During a military leave of less than 31 days, an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work. For military leaves of more than 30 days, an employee may elect to continue his/her health coverage for up to24 months of uniformed service, but will be required to pay all of the premium for the continuation of coverage, calculated in the same manner as that required by COBRA. Requests for Active or Reserve Duty Upon receipt of orders for active or reserve duty, an employee should shall notify his/her supervisor, as well as Human Resources, as soon as possible, and submit a copy of the military orders to his/her supervisor and the Human Resources Department. Reinstatement Upon return from military service, an employee may be reinstated into the employment of Isle ofwight County in accordance with the provisions of Title 38, Sections 4312, 4313 and 4316 of the United States Code of Section 44-93.3 of the Code of Virginia (1950, as amended), as such sections may be amended from time to time and as may be applicable to the type of military service performed by the employee. The County is committed to fully complying with the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, and all other laws granting rights to employees based on past, present, or future service in the United States Armed Forces, all of which laws shall control over any conflicting provisions in the County Policy. Section 5.9 (Revised February 19, 2015) Court Leave An employee's absence from work for jury duty or for attending court as a witness shall be defined as court leave. Before court leave is granted, the employee must submit a copy of the official summons for jury duty or witness service to the County Ad—n—m-1S offlee Human Resources Department prior to the beginning date of such service. Any employee appearing in court either as a defendant or plaintiff in a case shall not be eligible for court leave. An employee having been granted court leave shall be compensated at the their regular rate of pay during court appearances. Any compensation for jury duty as well as #., witness service maybe retained by the employee. Employees summoned by a court for the purpose of qualifying for jury duty are entitled to court leave for the actual period of absence, whether or not they are selected to serve. If the employee's presence is required for less than a ftill work day, the employee is required to contact his/her department concerning return to work. Any employee who fails to contact his/her department risks the loss of pay for that day. Any employee taking court leave shall be credited with having worked for the duration of the leave. The employee shall be allowed to accumulate all other eligible benefits. Section 5.11 (Revised February 19, 2015) 4 �M M Unauthorized leave shall be defined as an absence from the job during a scheduled work period without the approval of the employee's supervisor or department director. Also, the failure to report to work at the expiration of an authorized leave without the approval of an extension of time, shall be considered an absenee witheut lea unauthorized leave. An unauthorized absencefrom duty during required hours of attendance shall be treated as an absenee witheut pa5 unauthorized leave. The employee shall be subject to disciplinary action in accordance with the provisions of the disciplinary policy. ARTICLE VI Benefits (Revised January 17, 2002, September 1, 2005, December 15, 2005, October 16, 2006, October 4, 2007, November 15, 2007, July 1, 2008, December 4, 2008, November 20, 2014, December 18, 2014, February 19, 2015) Section 6.2 (Revised September 1, 2005; November 15, 2007; August 22, 2013; February 19, 2015) - go 0 - airz] 14 It is the intention of the Board of Supervisors to recognize, develop, and extend the skills of 4S the County's workforce. It is the policy of the Board to encourage employees to enroll in college/university coursework that will lead to their professional growth, expansion of skills, and increased job competence. The Tuition Reimbursement Program provides reimbursement for successful completion of college/university coursework. Rennatw-PA Regular full-time employees of the County who have successfully completed their initial probationary period are eligible to apply for tuition assistance. Such assistance is limited to six (6) semester hours per fiscal year (July I through June 30). Reimbursement is dependent upon the availability of funds. Coursework must be directly related to the assignment of the employee and must be approved by the Department Director prior to submission to Human Resources for approval. Application for tuition assistance must be made to Human Resources for approval prior to registering or enrollingin coursework. Course approval will not be granted after the first class session. Coursework approval is nontransferable; each course requires a separate application. Employees may be reimbursed for tuition costs only, at an accredited college or university, upon successful completion of the course. Reimbursement will be a maximum of $300 per credit hour for no more than six (6) credit hours per fiscal year; thus, the maximum tuition reimbursement an employee will receive in any given fiscal year will be $1,800. Successful completion shall mean the attainment of a minimum of a "C" or its equivalent for undergraduate -level coursework, ora minimum of a "B" or its equivalent for graduate -level coursework. rpm.• 0 A 0 - Tuition assistance will be provided only when the coursework is directly related to ti 34 employee's current position, or is a requirement for an Associate's, Bachelor's, or Masteri fegree in a field directly related to the employee's present job or promotional objective. NPIMIPITOW Classes should not be taken during an employee's work hours unless the employee has obtained permission from the Department Director to use earned annual leave or compensatory time. Requirements for Reimbursement This benefit is a reimbursement program. The employee must pay the full tuition to the institution upon registering for coursework. • Requests for reimbursement must be submitted along with an official transcript within thirty (30) days of completion of the course. • Reimbursement for coursework will only be made to the employee upon receipt of an official transcript and verification of payment in full to the college or university. As a condition of receiving tuition reimbursement, an employee will be required to sign an agreement whereby, in the event the employee separates from the County's employ within one (1) year after receipt of tuition assistance, he/she will be required to repay all funds expended by the County within sixty (60) days. If the former employee fails to do so, the County will pursue collection in the same manrier and by the same means as it would collect other debts and deem the former employee ineligible for rehire. III I MOVIE IIIIIII I 1111111lig 1 1 BE IT FURTHER RESOLVED THAT, the Board of Supervisors desires 9mend and re -adopt Chapter 7: Miscellaneous — Employee Related, Article II follows: I MEMO M&MAIM-W IMMMJZTMA ARTICLE 11 -r C_ v,r : 411 ffff4."WAMr JTA . . 1K �l .. .. . • . . .. .. , .WIN : ... .. �l feasible,e. When empleyeesvquaa eu to aepva«vr wor-k or- to remain at wer-k shall r-elieved for- a per-ied of time se they ean assur-e the safety ef their- families aiid secure t pr-epefty. &r Emergency Conditions and Unexpected Closings (Adopted February 19, 201 S) Section 2.0 (Adopted February 19, 201 S) Purpose This policy sets forth procedures to provide services and to protect employee safety during emergency conditions such as severe weather or during unexpected closings of one or more County facilities due to such causes as physical plant problems. Isle of Wight County is committed to public service and employee safety. Many County services become even more important to our citizens during emergencies such as severe weather or natural disaster. At the same time, for safety purposes, we do not wish employees to perform nonessential functions which may be a safety risk during severe weather. Similarly, loss of power or other physical plant problems may cause conditions which make it unsafe for citizens and employees to remain in one or more County facilities. Section 2.1 (Adopted February 19, 201 S) Policy As a general rule, all County departments will remain open and operational during emergency conditions. Liberal leave may be approved for employees who areunable nable to report to work or who wish to leave work early or come to work late because of safety considerations. There may be times, however, when conditions are so severe that County facilities are closed. All employees may be required to report to serve our customers during emergency conditions. While some will perform their regular duties, others may be assigned to report at a different time and location and to perform different duties from their regular jobs. Those employees who are not required to work will not be charged leave for the time the County offices are closed. Definitions Emergency Conditions — Emergency conditions shall include, but not be limited to, conditions such as severe weather, or extensive power outages. Such conditions may require a declaration of a local state of emergency by the County Administrator or Board of Supervisors. Liberal Leave — Supervisors are encouraged to approve leave requests made by employees who feel it would be unsafe to report to or to stay at work because of severe weather or other emergency condition provided minimal staffing is maintained. 15 Supervisors may grant the use of accrued annual leave or compensatory leave by employees to cover any absence designated as liberal leave. Severe Weather — Severe weather conditions shall include, but not be limited to, natural weather conditions such as snow storms, hurricanes, tornadoes, floods, and/or anticipated occurrence of such conditions. Unexpected Closings — The closing of one or more County facilities during regularly - scheduled operating hours to include delayed openings and early closings. Section 2.2 (Adopted February 19, 2015) Operations When County Facilities Are Open During Emergency Conditions All employees are expected to report to work as usual. However, employees may be asked to report at a different time and to perform emergency -related duties at a different site for all or a portion of their work hours. Supervisors may grant the use of accrued annual leave, compensatory leave or leave without pay more liberally than usual to employees who feel that reporting to work for the entire day or for a portion of the day, or remaining at work until the end of the day, would compromise their safety. Where appropriate, minimal staffing may be maintained. Supervisors shall ensure that employees perform their work under safe conditions. Particular care should be directed to whether travel by employees is necessary during severe weather. In any case, employees who feel their personal safety is endangered should identify their concerns to their supervisor or department manager who shall address those concerns, including consideration of whether deferring the activity is appropriate. If employees have been exposed to severe weather or other emergency conditions for extended periods of time, supervisors should ensure sufficient rest breaks and use judgment regarding return to regular duties. Section 2.3 (Adopted February 19, 2015) Operations When County Facilities Are Closed During Emergency Or Unexpected Conditions Employees Required to Work When County Facilities Are Closed Twenty-four hour employees, including Fire, Emergency Medical Services, Sheriff's Office, and Emergency Dispatch, report to work regardless of facility closings and emergency conditions. There is an increased need for their services during emergencies and thus are exempt from this policy. Some employees who work in General Services and Parks and Recreation also report to work on a regular schedule or as instructed by their supervisor, unless their supervisor instructs them not to report. Employees who are assigned to emergency response teams shall report as instructed or scheduled if triggering events occur such as the opening of shelters. Please reference the Emergency Response and Sheltering Policy, Chapter 7, Article III of the County Policy Manual. No other employees are expected to report to work unless they are instructed to do so by their supervisor. Employees Who Do Not Report to Work When County Facilities Are Closed When an employee has been notified to report to work during an emergency situation, reporting is mandatory unless the absence has prior approval by his/her supervisor or department director. Those employees refusing to report to work will be subject to disciplinary action up to and including termination. Please reference the Emergency Response and Sheltering Policy, Chapter 7, Article III of the County Policy Manual for a listing of exemptions from any or all emergency response duty. Section 2.4 (Adopted February 19, 2015) 16 Compensation When County Facilities Are Closed Durinq Emergency or Unexpected Conditions Employees in temporary and on call positions will be paid only for hours actually worked. Employees in regular part-time (those regularly scheduled for 20-29 hours per week) and full- time positions who are not required to report to work will not be charged leave for the time the County facility or facilities are closed, and will be paid for the number of hours they were scheduled to work. Employees who are on approved sick, annual leave or compensatory leave will not be charged leave for the time the facility they would have reported to is unexpectedly closed. Non-exempt employees who are required to work when a County facility or facilities are unexpectedly closed will receive time and one half rate for the day/time of the closure. Time and one half rate will apply for those hours regardless of other leave/holiday hours taken or hours scheduled during the week. Exempt employees who are required to work when a County facility or facilities are unexpectedly closed will receive compensatory time off equal to the hours worked to be taken at another time. Any compensatory time earned by an exempt employee required to work when a County facility or facilities are unexpectedly closed shall be used within 90 days and should be utilized prior to any other types of paid leave. If not utilized within 90 days, the compensatory leave is not available for utilization or payment. Section 2.5 (Adopted February 19, 201 S) Decisions Regarding Closings The County Administrator or his/her designee shall decide what the County position on closing or delayed opening shall be after conferring with the applicable staff. The County Administrator or his/her designee, in consultation with the affected Department Director, shall decide whether to close or delay opening an individual County facility in cases where conditions such as loss of power affect one or a limited number of sites. Section 2.6 (Adopted February 19, 201 S) Notifications Of Closings All Day Closin sg /Delayed Openings If it is determined that, due to severe weather conditions, offices should be closed or operating hours should be adjusted, the media listed below will be notified so that public announcements may be made. In addition, a message shall be recorded on the voice mail line and notification will be sent via the IWAIert system. The Inclement Weather Hotline, (757) 365-6304, is the most reliable source for accessing information about closings, delayed openings, or adjusting hours of operation due to severe weather conditions. Employees may receive instructions concerning reporting to work from the following media sources: TV: CBS — Channel 3 WTKR NBC —Channel 10 WAVY ABC —Channel 13 WVEC Mobile/Other: IWAIert System 17 The delayed opening time is intended to allow employees sufficient time to travel safely to work and to permit time for snow removal operations. For the safety of employees, employees shall not report prior to the delayed opening time, unless instructed by their supervisor to do so in order to carry out an essential function related to the emergency conditions. Early Closings The announced early closing time is the earliest time at which an employee may leave work without being charged leave. It is intended to allow employees sufficient time to travel home safely. Employees who stay at work later than the early closing time shall not receive additional pay or time off. The provisions of this Chapter 7, Article II shall be effective as of February 16, 2015. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Donald T. Robertson, Director of Information Resources and Legislative Affairs, provided an update on some of the more critical legislative issues under consideration by the members of the General Assembly. County Administrator Seward highlighted the following information items contained in the agenda: Monthly Reports/Tax Levies & Collections as of January 2015, Cash Position and Statement of Treasurer's Accountability; Fire and Rescue Activity Report; Sheriff's Activity Report; IT Website Statistics; Litter Pickup Schedule; Quarterly Financial Report Detail from January 22, 2015 Meeting; and, a reception for the Chief of Emergency Services. NEW BUSINESS Supervisor Casteen shared a request from a citizen seeking relief from the County and the Town of Smithfield for a reduced boat tax and he recommended waiting until the Town responds to this request before the County considered it. County Administrator Seward shared with the Board that the County already provides some relief in that it has a much lower rate for larger boats over five tons. In an attempt to have a signed Facilities Use Agreement with all seven of the County's volunteer fire and rescue organizations, Supervisor Darden recommended that the Chief of Emergency Services work with the Carrollton and Windsor volunteer fire departments and moved to request that the Carrollton and Windsor Volunteer Fire Departments sign the existing Facilities Use Agreement, their funding will immediately be restored by the County and their contract term will expire on September 30, 2015. The motion was adopted by a vote of (5-0) with Supervisors Bailey, Alphin, IN Casteen, Darden and Jefferson voting in favor of the motion and Supervisors voting against the motion. Supervisor Casteen recommended that the results of the analysis on the Norfolk Water Agreement be shared with the public. Supervisor Darden commented that she would like 30 days to review any document prepared by the County Attorney so that she knows exactly what she is voting on, Supervisor Casteen moved that the County Attorney disclose to anyone his legal opinions on the Norfolk Water Agreement. The motion was defeated by a vote of (3-2) with Supervisors Alphin, Darden and Jefferson voting against the motion and Supervisors Bailey and Casteen voting in favor of the 11#' •1. H At 9:30 p.m., the Chairman declared the meetin ore. I" A ;r1k C W" /kAji A- R(U �V. Alphin, qgair man 66ern— Carey Ws StorA+, Clerk 19