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May 21st, 2015 Full AgendaA Community of Choice, Committed to Excellence Agenda Board of Supervisors Isle of Wight County May 21, 2015 1. Call to Order (5:00 p.m.) 2. Closed Meeting 3. Invocation – The Honorable Byron B. Bailey/Pledge of Allegiance (6:00 p.m.) 4. Approval of Agenda 5. Consent Agenda A. Resolution - Accept and Appropriate Technology Trust Funds to Automate Land Records and Provide Secure Remote Access to Land Records B. Resolution - Accept and Appropriate Bryne JAG Grant Funds from the Virginia Department of Criminal Justice Services C. Resolution – Accept and Appropriate Stormwater Research Grant Funds D. Resolution – Accept and Appropriate Donated Funds to the County Fair Fund for the Spring Truck and Tractor Pull Event E. Resolution – Recognition of Appreciation for Planning Commissioner Kurt Frischman for his Service A Community of Choice, Committed to Excellence F. Resolution – Dissolution of Events Committee G. March 19, 2015 Regular Meeting Minutes H. April 1, 2015 Special Meeting Minutes I. April 6, 2015 Continued Meeting Minutes J. April 13, 2015 Special Meeting Minutes 6. Regional Reports 7. Appointments 8. Special Presentation/Appearances A. Recognition of Entrepreneur of the Year B. Transportation Matters – Joe Lomax, VDOT Resident Engineer C. Staff Report – TMDL Action Plan Presentation D. Resolution – Recognizing May 2015 as Building Safety Month 9. Citizens’ Comments 10. Public Hearings A. Public Hearing - VDOT FY2016-2021 Secondary Six-Year Improvement Program and Construction Priority List B. Public Hearing - Nike Park Trail Project Condemnation Authorization A Community of Choice, Committed to Excellence C. Public Hearing – Ordinance Amendment – TND Street Lighting Guidelines D. Public Hearing - Voting District Boundary Adjustment E. Public Hearing - Ennisdale Property Sale 11. County Administrator’s Report A. Staff Report – Bond Refunding and Financing Opportunities B. Resolution – Authorizing School’s Categorical Transfer Request to Address Benefit Pay-out for Administrative Personnel and Additional Bus Fuel Expenses for the Remainder of the Fiscal Year C. Staff Report – Newcomers Guide D. Motion – Approve the Directional Farm Signage Program E. Staff Report – Quarterly Financial Report for 3rd Quarter of FY2015 F. Resolution – Personnel Policy Amendments of the Equal Employment Opportunity Policy, Workplace Harassment Policy and Violence in the Workplace Policy G. Motion to Continue the Meeting to June 3, 2015 H. Informational Items a. FYI - Monthly Reports: Tax Levies & Collections as of April 2015; Cash Position; and, Statement of the Treasurer’s Accountability b. FYI - Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015 A Community of Choice, Committed to Excellence c. FYI - Isle of Wight Sheriff’s Monthly Activity Report/April 2015 d. FYI - Isle of Wight Website Statistics/April 2015 e. FYI - Solid Waste Division Litter Pickup f. FYI – COMCAST g. FYI – County Awarded Excellence in Financial Reporting by GFOA h. FYI – WTWA Presentation from April BOS Meeting i. VDOT Route 460 Status Update 12. Unfinished/Old Business 13. New Business 14. Adjournment May 21, 2015/MWT/TTF ISSUE: Resolution to Accept and Appropriate Technology Trust Funds to Automate Land Records and Provide Secure Remote Access to Land Records BACKGROUND: A primary purpose of the Technology Trust Fund (TTF) fee is to generate funds for Clerks of Circuit Court to automate land records and provide secure remote access to land records. The Compensation Board is responsible for allocation of TTF monies and the Clerks of Circuit Court make annual budget requests to the Compensation Board for technology equipment and services. Isle of Wight County has received an allocation amount of $14,102. BUDGETARY IMPACT: Adoption of the attached resolution will increase the revenues and expenditures of the FY 2014-15 General Operating Budget by the amount of $14,102. RECOMMENDATION: Adopt a resolution to accept and appropriate TTF funds for the purpose of automating land records and providing secure remote access to land records. ATTACHMENTS: - Resolution - Virginia Compensation Board Documents RESOLUTION TO ACCEPT AND APPROPRIATE TECHNOLOGY TRUST FUNDS TO AUTOMATE LAND RECORDS AND PROVIDE SECURE REMOTE ACCESS TO LAND RECORDS WHEREAS, the State Compensation Board is responsible for the allocation of Technology Trust Fund (TTF) monies and technology improvements of land records, including the provision of secure remote access of electronic land records is a priority of the Technology Trust Fund; and, WHEREAS, Technology Trust funds in the amount of fourteen thousand one hundred two dollars ($14,102) from the Virginia Compensation Board needs to be accepted and appropriated to the FY2014-15 Operating Budget of the County of Isle of Wight. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that fourteen thousand one hundred two dollars ($14,102) or so much as shall be received from Virginia Compensation Board be appropriated to the FY 2014-15 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 by the Board of Supervisors to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Adopted this 21st day of May, 2015. Rex W. Alphin, Chairman ___________________________ Carey Mills Storm, Clerk Approved as to form: __________________________________ Mark Popovich, County Attorney May 21, 2015/MWT/Byrne Justice Grant-Board Report ISSUE: Resolution to Accept and Appropriate Byrne JAG Grant Funds from the Virginia Department of Criminal Justice Services BACKGROUND: The Byrne Justice Assistance Grant Program (JAG) makes federal funds available through grant allocations to localities to help support efforts to reduce crime and improve public safety. The Isle of Wight County Sheriff’s Office has been awarded $1,856 with a required County match of $206 for a total grant award of $2,062. BUDGETARY IMPACT: Funding in the amount of $206 is available in the Grant Fund Operating Budget to meet the local match requirement. RECOMMENDATION: Adopt a resolution to accept and appropriate grant funds. ATTACHMENTS: . Resolution . Award Letter May 21, 2015/MWT/Byrne Justice Grant-Board Report RESOLUTION TO ACCEPT AND APPROPRIATE BYRNE JAG GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE SERVICES WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has authorized acceptance of a grant allocation from the Virginia Department of Criminal Justice Services; and, WHEREAS, grant funding in the amount of one thousand eight hundred and fifty-six dollars ($1,856) or as shall be received from the Virginia Department of Criminal Justice Services needs to be accepted and appropriated to the FY 2015-16 Grant Fund of Isle of Wight County, Virginia. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that grant funds in the amount of one thousand eight hundred fifty-six dollars ($1,856) or as much as shall be received from the Virginia Department of Criminal Justice Services be appropriated to the appropriate line item in the FY 2015-16 Grant Fund of Isle of Wight County. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Adopted this 21st day of May, 2015. Rex W. Alphin, Chairman Carey Mills-Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney ISSUE: Resolution - Accept and Appropriate Stormwater Research Grant Funds BACKGROUND: In February 2015, the County successfully applied for grant funds and the Department of Environmental Quality (DEQ) has awarded the County a $25,000 grant to offset the costs associated with the research and collection of data for stormwater management facilities constructed in the County’s urban areas. The County will use these funds to complete the mandatory TMDL Action Plan elements to demonstrate how it will comply with mandatory pollutant reduction requirements. Part of this analysis entails providing research and collecting data on existing stormwater management facilities in the County to assess how past stormwater management practices will contribute to the County’s overall action plan. BUDGETARY IMPACT: No matching funds by the County are required; however, acceptance of the grant funds will increase the revenues and expenditures of the Grant Fund Budget by $25,000. RECOMMENDATION: Adopt a resolution to accept and appropriate funding in the amount of $25,000 to the FY14-15 Grant Fund Budget. ATTACHMENTS: - Resolution - DEQ Grant Award Contract May 21, 2015/dnj/Historic BMP Grant - Resolution RESOLUTION TO ACCEPT AND APPROPRIATE STORMWATER REARCH GRANT FUNDS WHEREAS, the Commonwealth of Virginia Department of Environmental Quality recently committed to a grant award to Isle of Wight County in the amount of twenty-five thousand dollars ($25,000); and, WHEREAS, said grant funds will be used for the purpose of research to support the development of the County’s TMDL Action Plan; and, WHEREAS, said grant funds need to be accepted from the Commonwealth of Virginia Department of Environmental Quality and appropriated to the FY14-15 Grant Fund Budget. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of the County of Isle of Wight, Virginia accepts grant funds in the amount of twenty-five thousand dollars ($25,000) from the Commonwealth of Virginia Department of Environmental Quality and appropriates said grant funds to the FY14-15 Grant Fund Budget. BE IT FURTHER RESOLVED, that the County Administrator of Isle of Wight County, Virginia be hereby authorized to make the appropriate accounting adjustments in the budget and do all things necessary to give this resolution effect. Adopted this 21st day of May, 2015. Rex Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney ISSUE: Resolution to Accept and Appropriate Donated Funds to the County Fair Fund for the Spring Truck and Tractor Pull Event BACKGROUND: The Isle of Wight County Fair Committee is holding a Truck and Tractor Pull at the Joel C. Bradshaw Fairgrounds on Saturday, May 30, 2015. The Fair Committee did not have sufficient funds remaining in their budget to the host the event; however, they were able to raise the additional $2,000 necessary to hold the event through the generous sponsorships of local and regional businesses. Those funds will need to be appropriated the County Fair Fund. BUDGETARY IMPACT: Acceptance of the funds will increase the County Fair Fund Budget by $2,000. RECOMMENDATION: Adopt a resolution. ATTACHMENT: Resolution RESOLUTION TO ACCEPT AND APPROPRIATE DONATED FUNDS TO THE COUNTY FAIR FUND FOR THE SPRING TRUCK AND TRACTOR PULL EVENT WHEREAS, the Isle of Wight County Fair Committee desires to hold a Truck and Tractor Pull event at the Joel C. Bradshaw Fairgrounds; and, WHEREAS, the Fair Committee has received funding in the amount of two thousand dollars ($2,000) from local and regional businesses for the purpose of holding the Truck and Tractor Pull event; and, WHEREAS, the contributions received need to be accepted and appropriated to the County Fair Fund budget. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that two thousand dollars ($2,000) or so much as shall be received from local and regional businesses for the purpose of holding a Truck and Tractor Pull be appropriated to the FY 2014-15 County Fair Fund budget. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized by the Board of Supervisors to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Adopted this 21st day of May, 2015. Rex W. Alphin, Chairman ___________________________ Carey Mills Storm, Clerk Approved as to form: __________________________________ Mark Popovich, County Attorney ISSUE: Planning Commission Resolution of Appreciation for Kurt G. Frischmann DESCRIPTION: At its meeting on March 31, 2015, the Planning Commission adopted a Resolution of Appreciation for Kurt G. Frischmann. Mr. Frischmann served on the Planning Commission for four (4) years representing the Newport Election District. STAFF RECOMMENDATION: For the Board’s information. ATTACHMENT: Resolution adopted by the Planning Commission on March 31, 2015 ISSUE: Resolution to Dissolve the Isle of Wight County Events Committee BACKGROUND: At its March 4, 2015 meeting, the Isle of Wight County Events Committee approved a motion to recommend the Committee be dissolved by the Board of Supervisors. The Committee cited the difficulty in recruiting members as their reason and further recommended that the funding be turned over to the Department of Parks and Recreation to continue the planning of their annual events. Currently, the Events Committee is responsible for three events, Volunteer Recognition Month, a Veterans Day Program, and the Wreath Hanging. Many members of the Committee expressed interest in continuing to be involved with the events by volunteering for the Department of Parks and Recreation. BUDGETARY IMPACT: None RECOMMENDATION: Adopt a resolution to dissolve the Isle of Wight County Events Committee. ATTACHMENTS: - Resolution - Event Committee Meeting Notes RESOLUTION TO DISOLVE THE ISLE OF WIGHT COUNTY EVENTS COMMITTEE WHEREAS, the Isle of Wight County Board of Supervisors established the Events Committee in order to coordinate events such as Volunteer Recognition Month activities, the Veterans Day Program, and the Courthouse Wreath Hanging; and, WHEREAS, at its meeting on March 6, 2015, the Isle of Wight County Events Committee adopted a motion to recommend to the Isle of Wight County Board of Supervisors that the Committee be dissolved. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that the Isle of Wight County Events Committee be hereby dissolved and the events previously coordinated by the Events Committee be assigned to the Department of Parks and Recreation. Adopted this 21st day of May, 2015. Rex W. Alphin, Chairman Carey Mills-Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney 1 SUMMARY OF DISCUSSION OF THE ISLE OF WIGHT COUNTY EVENTS COMMITTEE HELD THE SIXTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND FIFTHTEEN PRESENT: Marie Johnson, Chairperson Janet Robertson, Vice Chairperson Debbie Gatti Janice Dale ABSENT: Jane March Barbra Jacobs Hannah Holland Also Attending: Mark Furlo, Director of Parks and Recreation The Events Committee was called to order at 1:00 p.m. in the Nike Park Aerobics Room, 13036 Nike Park Road, Carrollton, Virginia 23314 // A discussion was held on dissolving the Events Committee and turning the planning and coordination of the events over to the Department of Parks and Recreation // A motion was made to recommend to the Board of Supervisors that the Events Committee be dissolved and the events they we responsible be turned over to the Department of Parks and Recreation. The motion was adopted by a 4 – 0 vote. // The Events Committee Meeting was adjourned at 1:25 p.m. 1 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE NINETEENTH DAY OF MARCH IN THE YEAR TWO THOUSAND AND FIFTHTEEN AT 5:00 P.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE 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 At 5:00 p.m., the Chairman called the meeting to order. CLOSED MEETING County Attorney Popovich requested a closed meeting pursuant to Section 2.2-3711(A)(1) of the Code of Virginia concerning the appointment of specific appointees to County board/committees/authorities; pursuant to Section 2.2-3711(A)(3) regarding the disposition of 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)(7) concerning consultation with legal counsel pertaining to probable litigation where such consultation in open meeting would adversely affect the litigating posture of this public body related to the Isle of Wight Volunteer Rescue Squad construction project; pursuant to Section 2.2-3711(A)(3) concerning discussion regarding publicly held real property where discussion in open session would adversely affect the bargaining position or negotiating strategy of the public body related to the Stoop property. 2 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 Jefferson 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. Chairman Alphin 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: Bailey, Darden, Jefferson, Alphin and Casteen NAYS: 0 3 ABSENT DURING VOTE: 0 ABSENT DURING MEETING: 0 The Board took no action following the closed meeting. At 6:00 p.m., Supervisor Darden delivered the invocation. The Pledge of Allegiance to the Flag was conducted. APPROVAL OF AGENDA Supervisor Bailey moved that the agenda be approved, as amended, to add under New Business a request from the Rushmere Volunteer Fire Department regarding relief from having to pay that Department’s water bill for fire protection and training purposes and also under New Business a matter concerning direction to staff to have the proper authorities determine if the land at Bradby Park is a wetland, as requested by Supervisor Jefferson. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. CONSENT AGENDA A. Resolution – Recognition of Volunteer Recognition Week B. Commission on Aging – Newport District Appointment C. Amendments to the Commission on Aging By-Laws D. Carrollton Volunteer Fire Department ALS Interim Solution Update 4 E. Resolution – Accept and Appropriate an Insurance Reimbursement from VACORP Risk Management for Replacement of a 2013 Dodge Charger F. Resolution – Authorize the Conveyance of Real Property to the Virginia Department of Transportation G. March 4, 2014 Special Meeting Minutes H. September 18, 2014 Regular Meeting Minutes I. September 19, 2014 Retreat Minutes J. October 16, 2014 Regular Meeting Minutes K. November 20, 2014 Regular Meeting Minutes L. December 18, 2014 Regular Meeting Minutes Supervisor Casteen moved that the Consent Agenda be adopted. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. REGIONAL REPORTS Supervisor Casteen reported that the next Joint Tourism meeting will be held in the County Administrator’s office on Friday, March 20th. 5 Supervisor Darden reported that only routine matters had been discussed at the most recent meeting of the Hampton Roads Planning District Commission. Chairman Alphin reported that Old Pointe Bank was selected as the Hampton Roads Transportation Accountability Commission’s bank for the deposit of fuel and sales tax deposits. He shared the Commission’s purpose to fund projects chosen by other organizations in the Hampton Roads region and to use such monies solely for new projects on new and existing highways, bridges and tunnels in the localities comprised of District 23 with priority being given to projects which are expected to provide the greatest impact on reducing congestion for the greatest number of citizens. APPOINTMENTS Supervisor Casteen moved that Bruce Cobb be recommended to the Circuit Court Judge representing the Smithfield District on the Board of Equalization. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Russell J. Parrish be reappointed to serve on the HARC representing the Newport District. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Robert F. Lockhart, Jr. be recommended to fill the unexpired term of Ed Easter representing the Newport District on the Board of Zoning Appeals. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and 6 Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Robert F. Lockhart, Jr. be recommended to the Circuit Court Judge representing the Newport District on the Board of Equalization. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden moved that James P. O’Briant be reappointed to serve on the Planning Commission representing the Windsor District. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved that Zenobia Williams be appointed to the Commission on Aging representing the Carrsville District and replacing Ben Rideout on the Commission on Aging. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin moved that Don Rosie be reappointed to serve on the Planning Commission representing the Carrsville District. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Supervisor Darden be appointed to serve as a voting member on the Western Tidewater Water Authority. The motion was adopted by a vote of (5-0) with Supervisors Alphin, 7 Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that Supervisor Casteen be appointed to serve as a voting member on the Western Tidewater Water Authority. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that County Administrator Seward be appointed to serve as a voting member on the Western Tidewater Water Authority. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Bailey moved that County Attorney Popovich be appointed as the Alternate on the Western Tidewater Water Authority. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. SPECIAL PRESENTATION/APPEARANCE An update on the Route 460/Commonwealth project was provided to the Board by Angel Deem, Environmental Division Director, Virginia Department of Transportation. The results of the County’s biennial reassessment of real estate were presented by Steve Wampler, Wampler-Eanes. Gerald H. Gwaltney, Commissioner of the Revenue advised that the assessments would translate into flat revenue. 8 The results and recommendations of the County’s Public Utilities rate study were presented by Amy Santos, Associate Vice President, Arcadis US, Inc. Supervisor Casteen requested that the information presented in the presentation be included in the FYI section of the County Administrator’s report. CITIZENS’ COMMENTS Herb DeGroft of 15411 Mill Swamp Road spoke regarding onerous costs to the County and an associated plan to lower those costs. Anita Phelps formally introduced Patty Frances, the new President of Smart Beginnings. Michael Uzzle of 9471 Central Hill Road cautioned the Board to be careful of adopting new laws before determining if they are going to be helpful or not and to think about the amount of money being spent and how it will be paid back. Pete Green commented that increased population equates to increased needs for services. He spoke on the issue of the Norfolk Water Agreement and suggested the County might have a need for an attorney familiar with the review of contracts, specifically with regard to escape clauses. He presented a request that the County’s taxes and fees be frozen January 1, 2015 levels for a period of three years until the County’s debt is leveled out. T. Dale Scott, Windsor District, reiterated the desire of the Windsor Volunteer Fire Department for the County to sign the revised Facilities Use Agreement prepared by Attorney Crook. 9 Debbie Bales of 115 Arabian Trail encouraged the Board to adopt the revised Facilities Use Agreement prepared by Attorney Crook and restore funding to the Carrollton and Windsor Volunteer Fire Departments. Stan Clark of 21500 Twin Hill Lane addressed the former Board’s rationale behind signing an agreement for water with Norfolk and relayed the need for increased economic development efforts in the County. PUBLIC HEARINGS Chairman Alphin called for a public hearing on the following: A. Sale of Old Isle of Wight Rescue Squad Building to the Town of Smithfield County Attorney Popovich advised that in accordance with an agreement that the County had reached with the Town of Smithfield and which has been recorded in the Clerk of Circuit Court’s office, at such time as that facility ceases to be used for public purposes, the Town of Smithfield was given the option for purchasing the County’s interest in the building, but not the land. He advised the County has come to an agreement with the Town of Smithfield that the County’s interest in the building can be purchased for a total value of $255,000. Chairman Alphin called for persons to speak in favor of or in opposition to the sale of the building. No one appeared and spoke. 10 Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey moved to authorize the Chairman to execute the Deed of Bargain and Sale of the old Isle of Wight Rescue Squad building to the Town of Smithfield. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Chairman Alphin called for a public hearing on the following: B. Ordinance Amending and Reenacting the Isle of Wight County Code By Amending and Reenacting Chapter 15. Taxation. By Enacting Article VII. Appeals of Real Estate Assessments Charles B. Meek, III, Assistant to the County Administrator, represented the proposed amendments related to the timeframe for appeals of real estate assessments to the Board of Equalization. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed Ordinance. Gerald H. Gwaltney, Commissioner of the Revenue, spoke in opposition stating that the General Assembly permits Boards of Equalization to meet for one year; however, the amendment proposed will reduce the time of appeal to thirty days and the appeal deadline is over before the County’s tab bills are mailed out. He suggested that the matter has not been properly advertised and, therefore, cannot be voted on by the Board at this meeting. 11 Chairman Alphin closed the public hearing and called for comments from the Board. Responsive to whether or not the proposed amendments had been properly advertised, County Attorney Popovich advised that the ordinance had been properly advertised. Supervisor Casteen moved that the Ordinance be denied. The motion was adopted by a vote of (4-1) with Supervisors Alphin, Bailey, Casteen and Jefferson voting in favor of the motion and Supervisor Darden voting against the motion. The Board took a recess and reconvened in ten minutes. Supervisor Bailey moved that the public hearings on Item (C), Resolution Amending the Comprehensive Plan through Changes to the Text & Maps in Chapter 4 “Growth Management & Land Use” and Item (D), Ordinance Amending and Reenacting Various County Code Sections (Appendix B, Zoning: Article IV, Zoning & District Boundaries; Article V: Supplementary Use Regulations; Article X – Vehicle Parking Facilities) based on the ISLE 2040 Plan be combined due to their similarity of content. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion. Beverly H. Walkup, Director of Planning and Zoning, provided a PowerPoint presentation on the process undertaken to date on the proposed ISLE 2040 Plan, designed to manage growth, not discourage it. Richard Rudnicki, Assistant Director of Planning and Zoning, provided a PowerPoint presentation on the proposed ISLE 2040 Plan 12 outlining County statistical information on median age, income and household values, acres of land and the results of a citizen survey. He elaborated on the reasons for change; associated water cost and usage; and areas of recommended enhancement and expansion and the results of an independent economic analysis. Ms. Walkup briefed the Board regarding the public meetings held and addressed recurring questions/comments that had been received regarding the Plan. Chairman Alphin called for persons to speak in favor of or in opposition to the proposed matters. Betty Clark of Virginia Beach acknowledged the work of County Planners stating that the County is perceived by many as backward, behind the times and stagnant. She spoke in favor of moving the County progressively forward. Betsy Egan of Smithfield spoke in favor of moderate, managed growth and against excessive growth and overdevelopment. She encouraged the Board to deny the changes to the Comprehensive Plan, the map under discussion and the proposed Zoning Ordinance. She stated that the meetings held by staff do not constitute consultation with the public for the purpose of community planning. She stated that the proposed ISLE 2040 Plan violates the County’s current Comprehensive Plan and that the trust of citizens has been broken. She commented that the Plan piece meals the northeast portion of the County and does not comprehensively address the Town of Windsor and its industrial park. She stated that studies are required by law for changes to the Comp Plan, but have not been shared with the public. 13 Todd Roshenberger of 103 Mariner’s Point Lane in Smithfield, representing the Chamber of Commerce Board of Directors, voiced the Chamber’s support for the ISLE 2040 Plan which will attract younger residents to the County; bring additional businesses in the County; and, expand the residential/commercial property tax base. Victoria Hewlett of Creekside Drive in Smithfield advised that residents in the northern end of the County want a long-term plan that benefits the County at this time, as well as in the future. She stated the rural feel and low tax rate are the reason many people love the County and the residents in the northern end of the County deserve a quality of life that the proposed ISLE 2040 Plan will not provide. Todd Alan of Sunrise Bluff Lane in Smithfield spoke against living in a high density district and he urged the Board to vote against the ISLE 2040 Plan. Lance Large, a design consultant, on behalf of a Route 17 property owner, spoke in favor of the ISLE 2040 Plan because it demonstrates smart growth and preserves open space. Shelly Perry, Hardy District, spoke against the Plan because of its density. She stated County residents stand behind each other, help one another when needed and know each other by name. Branch Lawson, President, East West Partners, spoke in favor of the proposed Plan stating it minimizes sprawl and increases possibilities of commercial and workplace development within the proposed areas and allows the County to capitalize on its diverse strengths. 14 Edmond Easter of Hideaway Lane spoke in support of the proposed Plan and staff’s thorough examination of developing the Plan to ensure proper management of growth. Leah Dempsey of Smithfield spoke in support of the proposed Plan which provides short and long-term financial health and a tool for locating development where it best makes sense. She stated diversity in the tax base is necessary and the proposed plan represents a reasonable approach to preserve the rural nature of the majority of the County, while also providing citizens who choose to live in this district the amenities that bring value to the community. She stated this plan also allows for areas of higher density, allowing for more affordable housing options for those who want to live and work in the County. Erin Millican, a resident of Carrollton, spoke in favor of the growth and amenities offered in that area in the Plan. He stated as a development team member for East West Partners, much care was taken to solicit input from all interested parties. He stated the proposed Plan has been thoughtfully put together to address the many needs of the County while growing it in a way that puts density where it has already been planned for. He stated this Plan minimizes sprawl and utilizes the County’s land assets based on location; places density where it makes sense; and, preserves the rural character of the County. Mark Edwards, a resident of the County, spoke in favor of the Plan stating that he hopes that it will bring the much needed commercial amenities and conveniences to the right areas of the County and help to keep tax and water rates more reasonable. 15 Christine Vacalotoes of Smithfield expressed opposition to the proposed Plan stating that she does not want to live in an area with high density development and its associated traffic, noise and crime. She spoke in favor of seeking a high quality, low-density development with focus on improving County schools and quality of life in the County. Herb DeGroft, Hardy District, showed a petition containing 508 names to the Chairman and noted his opposition to consideration for a special taxing district for the Newport District. He stated there are two new land use designations; however, Weldon Cooper only used urban residential data; and, he requested additional time with citizen input in a town hall meeting. Pat Clark of Carrollton recalled a number of past experiences involving cooperative County spirit. Stan Clark of Smithfield recommended that, in the future, the Board conduct a special meeting when public hearings involving controversial issues is set. He commented that the proposed Plan is flawed in numerous ways and based on incorrect and missing data that should have been included. Bob Swartz of Mill Swamp Road recommended that citizens be prepared to present facts to the Board. Paul Robbins of the Newport District spoke in opposition to the proposed Plan stating that beuracrats who do not live in the County are proposing policies that affects the lives of citizens who reside in the County without their input. 16 Liz Coburn of Carrollton commented that the majority of County residents are not in favor of the proposed Plan. She stated that many of the reasons she originally moved to Carrollton for are already disappearing and many of the new homes being built are located very close to its other. She noted concern with increased traffic lights; conjestion; crime; less open spaces; increased real estate taxes and costly water increases. She commented that high density will not stop at Carrollton and will eventually come afurther into the County to help pay for new infrastructure. Bill Coburn of Carrollton advised that the Isle of Wight Republican Committee unanimously opposes the proposed Plan which was developed as a solution to increased revenue needs resulting from overspending and a water deal based on faulty assumptions. He stated the latest Cooper Weldon estimates only show the County increasing by 2.6% over the last four years. Terry Kelpian of the Newport District spoke in opposition to the proposed Plan because it ignores the Route 258 Corridor and moves all development into the Newport District. He pointed to those citizens in attendance who have spoken against the Plan and noted that only developers have spoken in favor. He urged the Board to not take action on the Plan until further review can be done which includes development across the entire County. He stated the current traffic congestion in the Carrollton area needs to be addressed before adding anything more to that area. Bill Egan of Smithfield spoke against the proposed ISLE 2040 Plan stating that he believes it falls shorts of being a comprehensive plan because it does not consider the basis and the method used relative to the distribution of the population. 17 Mary Cowal of Smithfield spoke in favor of that area remaining undeveloped. She stated soils in that area do not support dense housing and she asked that the rural area be preserved. Bill Hertford of Carrollton spoke in favor of reasonably planned growth based on accurate data. Dr. Garrett Edwards of Nike Park Road commented that the County needs to focus on bringing in new businesses. He stated soils in the Newport District are extremely wet and dense housing in the long term will cause problems. He recommended that a referendum be held on larger matters such as this one. Chairman Alphin closed the public hearing and called for comments from the Board. Supervisor Bailey commented on the wetness of the soil around Nike Park Road and stated he did not think this area is developable. He suggested developing a plan with citizen input and that he cannot vote for the proposed Plan. He recommended that the matter be postponed until additional input is received. Supervisor Darden commented that she has learned to respect and trust staff. She noted three areas of concern for her are is it possible to add green space (conservation areas); can the density be tweaked to allow for commercial growth and expansion of the proposed development service district; and, how can the plan to develop Windsor work in conjunction with the proposed Plan. She commented that other types of housing are needed in the County and the proposed Plan does bring the type of mix needed. She recommended that staff could look at her suggestions and come back to the Board in the near future. 18 Supervisor Jefferson stated that he supports the proposed Plan commenting that the Newport District is a service district and expected to grow. He noted that substantial investments have been made by the County in that district and infrastructure is in place to support this plan and the County has a chance to receive a return on its investments. Supervisor Casteen commented that he is a proponent of managed growth as it occurs. He stated additional input and analysis is needed, as well as additional time to discuss and tweak the proposed Plan so that it can be one that all can agree on. Chairman Alphin commended staff for countless hours working on the proposed Plan. He stated that citizens also have a right to have a voice in what happens in their community. He noted that some of the concerns noted tonight need to be addressed before a vote is taken. Chairman Alphin moved, but withdrew his motion following discussion by the Board, that staff return in 60 days to advise the Board as to the status of their review of the ISLE 2040 Plan in addressing Supervisor Darden’s concerns relative to any additional citizen input staff has received up to that point. Chairman Alphin then moved that staff be directed to provide an update to the Board in 60 days at its regular meeting of May 21, 2015 to provide an update as to staff’s evaluation to address Supervisor Darden’s concerns (inclusion of conservation areas, staff to start on the Windsor plan and, if possible, tweak the density numbers to what the Board wants while still satisfying the number of people needed and additional citizen input) and Supervisor Bailey’s concerns (Nike Park Road and additional citizen input) and any additional citizen input 19 that may be obtained between now and that time). The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. The Board took a five-minute recess. COUNTY ADMINISTRATOR’S REPORT Chairman Alphin moved that a special meeting be set for Wednesday, April 1, 2015 at 9:00 a.m. in the Board Room to present the proposed Operating and Capital Budget and related Ordinance/resolutions and that the following matters contained in the County Administrator’s section of the agenda tonight be moved to that meeting for consideration at that time: Item (A), Resolution to Adopt Chapter 1; Item (B), Legislative Update; Item (D), Resolution to Transfer Available FY 14 Fund Balance Roll Over Funds for One-time Capital Purposes; and, a public hearing associated with the Resolution to Authorize the Conveyance of Property to the VDOT located in Carrsville relative to VDOT’s new bridge construction project which was contained and subsequently adopted under the Consent Agenda tonight. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. The following informational items contained in the agenda were highlighted by County Administrator Seward for the Board’s information: Tax Levies & Collections as of February 2015; Cash Position; Statement of the Treasurer’s Accountability; Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015; Isle of Wight Sheriff’s Monthly Activity Report/February 2015; Isle of Wight Website Statistics/February 2015; Planning 20 Commission 2014 Annual Report; Board of Zoning Appeals 2014 Annual Report; Wetlands Board 2014 Annual Report; Solid Waste Division Litter Pickup; HRPDC Growth Trends in Hampton Roads Presentation; VOPEX 2015 Report; and Board Committee Meetings of the Isle of Wight/Town of Smithfield Intergovernmental Relations Committee Meeting of February 25, 2015, the Parks and Recreation Committee Meeting of March 4, 2015 and the Public Safety Committee Meeting of March 6, 2015. UNFINISHED/OLD BUSINESS There was no unfinished/old business offered for discussion by the Board. NEW BUSINESS At the request of Supervisor Jefferson, County Administrator Seward offered to bring back a report to the Board regarding Rushmere Volunteer Fire Department’s request for relief of water bills (with no negative impact on that Department’s budget) at the Board’s April 16, 2015 regular meeting. At the request of Supervisor Jefferson, County Administrator Seward offered to bring back a report to the Board at its April 16, 2015 regular meeting regarding staff’s efforts to determine if the land identified as Bradby Park is located on wetlands and whether or not it can be used as a park. At the suggestion of Supervisor Darden, County Administrator Seward offered to contact Chris Pomeroy, Esq. regarding his availability to make a special presentation to the Board regarding the Western Tidewater Water Authority’s background at a future meeting of the Board. 21 // At 10:55 p.m., the Chairman declared the meeting adjourned. __________________________ Rex W. Alphin, Chairman _______________________________ Carey Mills Storm, Clerk 1 SPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE FIRST DAY OF APRIL IN THE YEAR TWO THOUSAND AND FIFTHTEEN IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE 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 Chairman Alphin called the special meeting to order at 9:00 a.m. for the purpose of presenting the proposed Operating and Capital Budget and related Ordinance/resolutions and the following matters not considered at the Board’s regular meeting of March 19, 2015 under the County Administrator’s section of the agenda: Item (A), Resolution to Adopt Chapter 1; Item (B), Legislative Update; Item (D), Resolution to Transfer Available FY 14 Fund Balance Roll Over Funds for One-time Capital Purposes; and, a public hearing associated with the Resolution to Authorize the Conveyance of Property to the VDOT located in Carrsville relative to VDOT’s new bridge construction project. APPROVAL OF AGENDA There being no revisions offered, Supervisor Casteen moved that the agenda be adopted. The motion was adopted by a vote of (4-0) with Supervisors Alphin, Bailey, Casteen and Jefferson voting in favor of the motion; Supervisor Darden absent for the vote and no Supervisors voting against the motion. A Resolution to Adopt Chapter 1: Personnel, Article V, Section 5.14 and Amend Chapter 1: Personnel, Article VI, Section 6.4, Chapter 1: Personnel, 2 Article VII and Article VIII of the County Personnel Policy was introduced by Mary Beth Johnson, Director of Human Resources. Supervisor Jefferson moved that the following Resolution be adopted: RESOLUTION TO ADOPT CHAPTER 1: PERSONNEL, ARTICLE V, SECTION 5.14 AND AMEND CHAPTER 1: PERSONNEL, ARTICLE VI, SECTION 6.4, CHAPTER 1: PERSONNEL, ARTICLE VII AND ARTICLE VIII OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding the provision of paid leave types for employees and desires to adopt a new additional employee paid leave type of Recognition Leave under Chapter 1: Personnel, Article V, Section 5.14 of the County Policy Manual; and WHEREAS, the County has established guidelines regarding the provision of the Virginia Retirement System benefit, disciplinary policy and procedures, and grievance policy and procedures under Chapter 1: Personnel, Article VI, Section 6.4, Article VII, and Article VIII of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article VI, Section 6.4, Article VII, and Article VIII of the County Policy Manual to clarify the provisions, guidelines, rules and procedures for the provision of Virginia Retirement System participation, discipline, and grievances; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Section 5.14 is adopted and Chapter 1: Personnel, Article VI, Section 6.4, Article VII, and Article VIII 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, 3 April 5, 2007; October 2, 2008; January 8, 2009; June 19, 2014, October 16, 2014, December 18, 2014, April 1, 2015) Section 5.14 (Adopted April 1, 2015) Recognition Leave All personnel are eligible to receive leave hours for the purpose of such instances as the recognition of service to the County, in conjunction with the promotion of or participation in safety, health, or wellness initiatives, or for any other purpose approved by the County Administrator. Recognition leave is intended to provide employees paid leave separate and apart from his/her other available paid leave types. For the purpose of the recognition of five years of service milestones with the County, the following schedule will apply: Years of Service Number of Recognition Leave Hours Awarded 5 4 10 8 15 12 20 16 25 20 < 30 24 Recognition leave is non-cumulative, must be taken within 90 calendar days of it being granted, and any remaining balance thereof shall be forfeited at the end of the 90 calendar day period. Any recognition leave shall not be paid upon separation of employment, is non-transferrable, and is not compensable in the form of monetary compensation in lieu of paid leave time. Use of recognition leave hours must be scheduled and approved in advance by the employee’s immediate supervisor. Recognition leave shall be granted to an employee for a specific purpose by the Human Resources Department upon approval of the County Administrator or his/her designee. The Human 4 Resources Department shall inform the employee’s department director that such recognition leave has been granted. 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, April 1, 2015) Section 6.4 (Revised December 15, 2005, October 4, 2007, April 1, 2015) Virginia Retirement System The County shall provide membership in the Virginia Retirement System (VRS) in the appropriate state retirement plan for all employees who are eligible under the rules and regulations of the system. Employees are required to contribute to the applicable plan in which they are enrolled and the County pays the employer contribution on behalf of the employee, which varies based on the applicable plan. Provides an employee with retirement benefits if the employee is at least 50 years old and has at least five (5) years of contributions in the VRS. The amount of retirement benefits varies based on factors such as years of covered service, age upon retirement, and salary. The County pays the full cost of the VRS contribution on the employee’s behalf. ARTICLE VII Disciplinary Policy (Revised February 2, 2006, April 1, 2015) Section 7.0 (Revised February 2, 2006, April 1, 2015) Disciplinary Policy There is an exemplary standard of conduct expected of each employee of the 5 County. It is generally interpreted to mean that an employee will conduct himself/herself in a manner compatible with public service. It is also the responsibility of the employee to perform his/her duties to the best of his/her ability and to the standards set forth in the job description. County employees also have the duty and responsibility to be aware of and abide by existing policies, procedures, rules and regulations. No employee shall be disciplined for political or religious reasons or for any other unlawful cause. Where practical, the County's disciplinary procedure shall be progressive in nature. Supervisor Responsibility The immediate supervisor must approach corrective measures in an objective manner. If the employee’s performance of an assigned task is the issue, the supervisor should generally look to see that proper instructions, appropriate orientation, and training have been given and that the employee is aware of job expectations. Not only single incidents, but also patterns of poor performance should be of concern as these are indicative of overall performance. If misconduct is the issue, the supervisor should take steps to insure the employee has been made aware of the County’s policies and regulations regarding the infraction. Disciplinary actions should also include a plan for correction that is clearly communicated with the employee. Section 7.1 Purpose The purpose of this disciplinary policy is to provide supervisors with a fair and objective guide for determining the seriousness of an employee's unsatisfactory work performance or misconduct and selecting the appropriate disciplinary action to correct the unacceptable behavior. Section 7.2 (Revised April 1, 2015) Definitions 6 Verbal Oral Reprimand - A verbal oral reprimand shall be defined as a discussion between the supervisor and the employee where the employee is advised and cautioned about his/her unsatisfactory work performance or misconduct. In order to officially be recorded as an oral reprimand, the oral reprimand shall be documented on the County’s Employee Corrective Action Form and placed in the employee's personnel file. Oral reprimands are not grievable. No oral reprimand shall be given without prior approval by the department of Human Resources. Written Reprimand - A written reprimand shall be defined as a written documentation to the employee from the supervisor wherein the employee is advised and cautioned about his/her work performance or misconduct. The written reprimand shall be documented on the County’s Employee Corrective Action Form and placed in the employee’s personnel file. No written reprimand shall be given without prior approval by the department of Human Resources. Suspension - A suspension shall be defined as the temporary temporarily prohibiting an employee of the employee from performing his/her duties as a result of the employee’s unsatisfactory work performance or misconduct. An employee may be suspended without pay for a period not to exceed 15 workdays with the approval of the department of Human Resources. The suspension period shall be without pay. With the approval of the County Administrator, an employee may be suspended for a longer period. The suspension shall be documented on the County’s Employee Corrective Action Form and placed in the employee’s personnel file. No suspension shall be given without prior approval by the department of Human Resources. Disciplinary Demotion - A disciplinary demotion shall be defined as a reduction of the pay grade of an employee and a change in job duties and responsibilities. The reassignment of an employee to a lower pay grade. An employee who receives a disciplinary demotion shall receive a decrease in salary with the approval of the department of Human Resources. The disciplinary demotion shall be documented on the County’s Employee Corrective Action Form and placed in the employee’s personnel file. No demotion shall be valid without prior approval by the department of Human 7 Resources. Dismissal - A dismissal shall be defined as an involuntary separation from employment initiated by the County employing authority as a result of the employee's unsatisfactory work performance or misconduct. The dismissal shall be documented on the County’s Employee Corrective Action Form or in some other approved written manner and placed in the employee’s personnel file. No dismissal shall be valid without the prior approval by the department of Human Resources. Section 7.3 Applicability All employees within departments which are a part of the classified service shall be covered under this policy. All levels of supervision shall be responsible for the uniform orientation of employees regarding this policy and its fair and equal enforcement. Section 7.4 (Revised April 1, 2015) Policy The County supports the use of progressive discipline to address conduct issues such as poor work performance or misconduct and to encourage employees to become more productive workers and meet County standards and expectations. The County reserves the right to administer appropriate disciplinary action for all forms of disruptive and/or inappropriate behavior. Each situation will be dealt with on an individual basis. The County has established general guidelines to govern the conduct of its employees. No list of rules can include all instances of conduct that can result in discipline and the examples below do not replace sound judgment or common sense behavior. Examples of employee conduct that would lead to discipline and the usual course of 8 disciplinary action have been separated into three groups, according to the severity and impact of the infraction. Violations may warrant differing levels of discipline depending on the level of seriousness. The severity of the discipline chosen by the supervisor must be proportionate to the seriousness of the offense. The County always reserves the right to determine the appropriate level of disciplinary action, including but not limited to disciplinary demotion, oral and written warnings reprimands, suspension, and discharge dismissal. For inadequate or unsatisfactory job performance, the supervisor may, with approval of the County Administrator, place an employee on probationary status. In the event the employee has not achieved satisfactory performance by the end of the probationary period, he/she may be discharged in accordance with the provisions of Section 4.9. Below are some examples of offenses that may lead to disciplinary action. The list is not meant to be all-inclusive or in any way limit the County’s ability to take disciplinary action for offenses not included on this list. First Group Offenses (Examples Only) • Unsatisfactory attendance or tardiness; • Abuse of County time, such as: o Unauthorized time away from work area; or o Failure to notify supervisor promptly of completion of assigned work o Abusing lunch meal periods • Obscene or abusive language; • Contributing to unsanitary or unsafe conditions • Violating the chain of command as described in Article VIII concerning issues arising in the workplace Second Group Offenses (Examples Only) • Failure to follow supervisor's instructions, perform assigned work 9 duties timely, correctly, competently, or at an adequate level of production or otherwise comply with applicable established written policy; • Insubordination; • Incompetency or inefficiency; • Leaving the work area without proper notice to supervisor; • Unauthorized use or misuse of County property or records; • A moving traffic violation while using County vehicles; • Violating safety rules where there is not a threat to life; Third Group Offenses (Examples Only) • Absence or leave in excess of three (3) work days without a satisfactory explanation; • Use of alcohol or unlawful use or possession of controlled substances while on the job, or reporting to work when under the influence of alcohol or controlled substances; • Falsifying any records such as, but not limited to: vouchers, reports, insurance claims, time records, leave records, or other official records; • Willfully or negligently damaging or defacing County records or County or employee property; • Theft or unauthorized removal of County records or County or employee property; • Acts of physical violence or fighting; • Engaging in sexual activities while on the job or on County property; 10 • Violating safety rules where there is a threat to life; • Sleeping during working hours; • Willful dereliction of duty • Participating in any kind of work slowdown, sit down, or similar concerted interference with County operations; • Unauthorized possession or use of firearms, dangerous weapons or explosives; • Threatening or coercing employees or supervisory personnel; • Criminal convictions for acts of conduct occurring on or off the job which are related to job performance or are of such a nature that to continue the employee in the assigned position could constitute negligence in regard to the department's duties to the public or to other County employees; • Violations of the County’s Non-Discrimination and Anti-Harassment Policy; • Demonstrating insubordination, including but not limited to: o Refusal to do an assigned job o Refusal to work overtime when required o Refusal to accept holiday work when assigned o Intentional delay in carrying out an assignment Supervisors may account for mitigating circumstances in determining discipline, but they must document any such mitigating circumstances in writing. All disciplinary actions, with the exception of verbal oral reprimand, are appealable through the grievance procedure. 11 Procedural steps for imposing discipline are set forth on the following pages. The failure of a supervisor to follow these procedural steps will not, of itself, render the discipline invalid or improper. However, the supervisor's failure to follow the procedure may be separately grieved by an employee and may be included in an evaluation of the supervisor's job performance. Section 7.5 (Revised April 1, 2015) Reprimands Reprimands are given for offenses which are less severe in nature but which require correction in the interest of maintaining a productive and well- managed work force. The form of the reprimand may be either verbal oral or written. a. A supervisor should first discuss the offense with the employee and advise him/her of the need for correction. If the situation is not corrected, the employee should be given an Employee Corrective Action Notice designating the reprimand as either an Oral or Written Reprimand and emphasizing the need for correcting his/her behavior. written notice to emphasize the need for correcting his/her behavior. b. No reprimand shall be relied upon as a basis for further disciplinary action unless it is documented in writing and a copy forwarded to the Human Resources Department for inclusion in the employee's official personnel file. c. Once a reprimand is reduced to writing, as provided above, a copy shall be hand delivered and signed “received” by the employee or mailed to the employee by certified mail (return receipt requested) if hand- delivery is not practical. d. Written r Reprimands shall be cumulative in nature and shall remain on file. After three (3) reprimands, the supervisor should suspend the 12 employee. Such suspension shall not exceed three (3) workdays. A fourth written reprimand will normally result in termination. Prior to suspending or dismissing an employee, the department director or supervisor must: a. Meet with the employee to discuss the problem; b. Give the employee a reasonable amount of time to respond; c. Review the employee's responses and any available information regarding the problem; and d. Prepare a written statement of the problem, the employee's response, a summary of findings, action being taken, a warning to what further disciplinary action could result if the situation is not corrected and a statement of the employee's right to appeal (if any) in accordance with the County's grievance policy. Section 7.6 (Revised April 1, 2015) Suspensions Suspensions are given for acts of conduct of a more serious nature, including unsatisfactory work performance or misconduct, which continues after discipline has been imposed. Corrective action for these offenses include a meeting between the employee and the supervisor, if possible, prior to the suspension being imposed, a written notice including the items listed below and suspension without pay. Employees may not be suspended in excess of five fifteen (5 15) work days for an offense of this nature. Prior to suspending or dismissing an employee, the department director or supervisor must: a. Meet with the employee to discuss the problem and provide the 13 employee an opportunity to respond in written form by the close of the next business day; b. Review the employee's responses and any available information regarding the problem; and c. Prepare a written statement of the problem, the employee's response, a summary of findings, action being taken, a warning to what further disciplinary action could result if the situation is not corrected and a statement of the employee's right to appeal (if any) in accordance with the County's grievance policy. A written notice of suspension shall be hand delivered and signed received or mailed certified mail (return receipt requested) to the employee. The items listed below shall be included in the written notice: a. A statement of the reason(s) for the suspension; b. A warning of what further disciplinary action could result, if the situation is not corrected; c. A statement of the employee's response to the reasons for the suspension as indicated in the meeting between the supervisor and the employee; and if a meeting was not possible prior to the suspension being imposed, the reason that a meeting could not take place should be stated in the letter. d. A statement of the employee’s right to appeal (if any) in accordance with the County's grievance procedure. A copy of such written notice shall be forwarded to the Human Resources Department for inclusion in the employee's official personnel file. An additional offense requiring a suspension will normally result in termination. A single suspension coupled with three reprimands in the employee's file will also normally result in termination. 14 Section 7.7 (Revised April 1, 2015) Disciplinary Demotion Disciplinary demotions can occur as an intermediate discipline or as an alternative to termination in second or third group offenses, or in cases of continued commission of first group offenses after discipline has been imposed. a. An effort should be made by the supervisor to meet with the employee prior to imposing the demotion. The employee should be given the opportunity to respond to the reasons for the proposed action. b. A written notice of the demotion shall be hand delivered or mailed to the employee by certified mail (return receipt requested). The items listed below shall be included in the written notice. 1. A statement of reasons for the demotion; 2. In cases where the demotion is not voluntary, a warning of what further disciplinary action could result, if the situation is not corrected; 3. A statement of the employee's response to the reasons for the demotion as indicated in the meeting between the supervisor and the employee; and if a meeting was not possible prior to the demotion, the reason that a meeting could not take place should be stated. 4. A statement of employee's right to appeal (if any) in accordance with the County's grievance policy, unless the demotion is voluntary. c. A copy of such written notice shall be forwarded to the Human Resources Department for 15 inclusion in the employee's official personnel file. d. A demotion shall not be used as a disciplinary action if the employee involved cannot qualify for the lower-ranked position or if the demotion would require the displacement of another employee. Section 7.8 Dismissal An employee is dismissed for acts and behavior of such a serious nature that a first occurrence should normally warrant termination and for unsatisfactory performance or misconduct of a less serious nature which continues after discipline has been imposed for prior poor work performance or misconduct. An effort should be made by the supervisor to meet with the employee prior to the dismissal. The employee should be given the opportunity to respond to the reason(s) for the proposed action. A written notice shall be hand delivered or mailed certified mail (return receipt requested) to the employee if hand-delivery is not practical. The items below shall be included in the written notice. 1. A statement of the reason(s) for dismissal; 2. A statement of the employee's response to the reasons for the dismissal as indicated in the meeting between the supervisor and the employee; and if a meeting was not possible prior to the dismissal, the reason that a meeting could not take place should be stated in the letter; 3. A statement of the employee's right to appeal (if any), in accordance with the County's grievance policy. A copy of such written notice shall be forwarded to the County Administrator's office Human Resources Department for inclusion in the employee's official personnel file. 16 Section 7.9 (Revised April 1, 2015) Additional Non-Disciplinary Suspension Provisions In addition to the suspensions provided for in the preceding pages, suspensions with or without pay may occur for the following reasons, subject to the limitations noted. a. Suspension in Lieu of Dismissal Up to a ten (10) work day suspension may be imposed where mitigating factors support a decision to retain an employee in spite of actions by the employee who would normally warrant dismissal. Provided, however, that an explanation is given for such action in the notice that is provided to the employee. b. Immediate Suspension Nothing in this policy shall prevent the immediate suspension with pay of an employee whose continued presence on the job is deemed to be a substantial and immediate threat to the welfare of the employee's department or to the welfare of the public, or where such continued presence could constitute negligence in regard to the department's duties to the public or to other County employees. Such suspension may be imposed in any of the these following situations with the prior approval of the affected department director or his/her designee, Director of Human Resources or his/her designee and the County Administrator or his/her designee. Where such suspension must be imposed at a time other than normal working hours, the County Administrator shall be notified and consulted at the beginning of the next work day. c. Suspension Pending Court Action or Official Investigation An immediate suspension with pay shall be warranted where there is a 17 criminal prosecution or official investigation involving alleged criminal violations that occur on or off the job and are related to job performance or are of such a nature that to continue the employee in the assigned position could constitute negligence in regard to the department's duties to the public and to other County employees. Upon completion of such court action or official investigation, the employee may be disciplined or removed or may be reinstated. The County Administrator shall not be bound by the outcome of court action or official investigation but may refer to such outcome and the findings in making a final decision. (Official investigation shall be interpreted to include only those investigations conducted by Federal, State or local government law enforcement agencies.) d. Suspension Pending Department Disciplinary Investigation An immediate suspension with pay may be imposed pending completion of a disciplinary investigation into misconduct or violation of established work rules; provided, however, that before such a suspension is imposed the department director must find that the employee's continued presence on the job would present a substantial and immediate threat to the welfare of the department or the public, or that it could constitute negligence on the part of the County in regard to the department's duties to the public or to other County employees. Such suspension shall not exceed ten (10) work days in length. Such suspension may be imposed in any of these situations with the prior approval of the affected department director or his/her designee, Director of Human Resources or his/her designee and the County Administrator or his/her designee. Where such suspension must be imposed at a time other than normal working hours, the County Administrator shall be notified and consulted at the beginning of the next work day. If the employee is cleared of any such alleged violations, the employee shall be reinstated. Where no finding of violation or decision or disciplinary action occurs within ten (10) work days, the employee 18 shall be permitted to return to work pending a final decision. Section 7.10 Mitigating Circumstances Mitigating circumstances include those conditions related to a given offense that would serve to support a reduction or corrective action in the interest of fairness and objectivity. Mitigating circumstances may also include consideration of an employee's length of service with a history of satisfactory work performance. Section 7.11 Not All Inclusive The offenses listed in this policy are not intended to be all-inclusive. Accordingly, conduct which, in the judgment of the department director, although not listed, seriously undermines the effectiveness of the agency's activities or the employee's performance, should be treated consistent with provisions of this policy. A record of such offenses must be filed with the Director of Human Resources and County Administrator. Section 7.12 Right to Grieve Disciplinary Action All regular full-time and regular part-time employees in the classified service, who have completed their probationary period, may grieve disciplinary actions in accordance with the grievance procedure in Article VIII. ARTICLE VIII Grievance Procedure (Revised June 14, 2007, April 1, 2015) Section 8.0 (Revised April 1, 2015) 19 Policy Isle of Wight County desires to resolve employee grievances fairly and promptly. Employees are encouraged to freely discuss their concerns with immediate supervisors and upper management levels when disagreements or dissatisfactions arise. The County shall strive for equitable treatment of all employees and by doing so attempt to alleviate the occurrence of grievances. Most issues may be resolved through discussion, but alternatives are necessary when discussion is not effective. Section 8.1 (Revised April 1, 2015) Purpose The purpose of a the County’s grievance procedure is to establish an objective and fair method of resolving an employee's complaint or dispute concerning his/her employment with the County by allowing employees to bring their concerns to upper levels of management. All problems, complaints or disputes, even of a minor nature, should be resolved with the least amount of delay. It is the County’s intent that this policy comply fully with state law. In cases of conflict, the laws of the Commonwealth of Virginia shall govern. Questions concerning the grievance procedure should be directed to the Human Resources Department. Section 8.2 (Revised April 1, 2015) Applicability Unless otherwise provided by law, all non-probationary local government permanent regular full-time and part-time employees are eligible to file grievances with the following exceptions: a. Appointees of elected groups or officials; 20 b. Officials and employees who by statute, ordinance or other law serve at the will or pleasure of the Board of Supervisors; c. Deputies and executive assistants of the County Administrator; d. Agency, or department heads, or chief executive officers, or Assistant County Attorneys of County operations; e. Employees whose terms of employment are limited by law; f. Temporary, limited term and seasonal employees; g. Law enforcement officers as defined in Chapter 10.0 (Section 2.1- 116.1 et seq.) of Title 2.1 of the Code of Virginia whose grievance is subject to the provisions of Chapter 10.0 and who have elected to proceed pursuant to the provisions in the resolution of their grievance, or any other employee electing to proceed pursuant to any other existing procedure in the resolution of his/her grievance; h. Firefighter and Emergency Medical Technicians who elect to proceed under the Firefighter and Emergency Medical Technicians Procedural Guarantee Act, section 9.1-500 et seq. (sometimes known as the firefighter's bill of rights); i. Members of boards and commissions; j. Volunteers; k. Constitutional Officers; l. Consultants and legal counsel rendering professional services; m. Probationary employees; n. Individuals whose employment with the county has been terminated as a result of resignation, reduction in force, or retirement. 21 Notwithstanding the exceptions set forth above, the County, at its sole discretion, may voluntarily include employees in any of the excepted categories within the coverage of their grievance procedures. Section 8.3 (Revised April 1, 2015) A. Definition of Grievance A grievance shall be defined as a complaint or dispute by an employee relating to his/her employment, but not necessarily limited to the following grievable issues: a. Disciplinary actions, including dismissals (whether resulting from formal discipline or unsatisfactory job performance or an involuntary resignation), demotions and suspensions; b. The application or interpretation of personnel policies, procedures, rules, regulations, and ordinances; c. Acts of retaliation as the result of utilization of the grievance procedure or of participation in the grievance of another County employee; d. Complaints of discrimination on the basis of race, color, creed, political affiliation, age, disability, national origin or sex; e. Acts of retaliation because the employee has complied with any law of the United States, State of Virginia or County of Isle of Wight, has reported any violation of such law to a governmental authority, or has sought any change in law before the Congress of the United States, the General Assembly or the Board of Supervisors. (1) The disciplinary actions of written reprimand, disciplinary demotions, dismissals, and suspensions; 22 (2) Concerns regarding the application, meaning, or interpretation of personnel policies, procedures, rules, and regulations; (3) Discrimination in any employment practice based on the employee's race, color, creed, sex, age, religion, national origin, disability or political affiliation; (4) Acts of retaliation as the result of the use of or participation in the grievance procedure or because the employee has complied with any law of the United States or of the Commonwealth of Virginia, has reported a violation of such law to a governmental authority, has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement. B. Management Responsibilities Management reserves the exclusive right to manage the affairs and operations of County government. Accordingly the following complaints are not grievable under this procedure: a. Establishment and revision of wages or salaries, positions, classifications job titles or general benefits; b. Work activity accepted by the employee as a condition of employment or work activity which may reasonably be expected to be a part of job content; c. Contents of ordinances, statutes or established personnel policies, procedures, rules and regulations; d. Failure to promote except where the employee can show that established promotional policies or procedures were not followed or applied fairly; 23 e. The methods, means and personnel by which work activities are to be carried on; f. Except where such actions affect an employee who has been reinstated within the previous six months as the result of the final determination of a grievance, termination, layoff, demotion, or suspension from duties because of lack of work, reduction in work force or job abolition; Termination, demotion or suspension from duties because of lack of work, reduction in workforce, or job abolition, except where such action affects an employee who has been reinstated within the previous six (6) months as a result of the final determination of a grievance. Such action shall be upheld upon a showing that: (i) there was a valid business reason for the action and (ii) the employee was notified of such reason in writing prior to the effective date of the action; g. The hiring, promotion, transfer, assignment and retention of employees within the County; h. The relief of employees from duties of the County in emergencies. i. Counseling memoranda and manners of providing supervisory directions; j. Performance evaluations; k. Oral reprimands. In any grievance brought under the exception to provision (f) of this subsection, the action shall be upheld upon a showing by the County that: 1. There was a valid business reason for the action; and 2. The employee was notified of the reason in writing prior to the effective date of the action. 24 Section 8.4 (Revised June 14, 2007, April 1, 2015) Grievance Procedure Most employee concerns or complaints can be resolved informally through communications between the employee and his/her supervisor. Accordingly, employees are encouraged to take their complaints to their immediate supervisor and then to upper management levels to seek a solution. Employees are also encouraged to pursue grievable issues through the grievance procedure. Step 1. The employee shall identify the grievance verbally to his/her immediate supervisor in an informal meeting within twenty (20) calendar days after the event of action which is the basis for the grievance. The supervisor shall give a verbal response to the employee within seven (7) calendar days following the meeting. If a resolution is not reached at this point, the employee shall submit in writing to the supervisor the nature of the grievance and the specific relief requested within seven (7) calendar days following the date of receipt of the verbal response. The supervisor, in turn, shall give the employee a written response within seven (7) calendar days following receipt of the grievance. Step 2. If the grievance is not resolved at the first step, the employee shall state in writing his/her desire to have the grievance advanced to the next step within seven (7) calendar days after receipt of the grievance following the supervisor's written response. A meeting to review the grievance shall be held between the employee and the department director within seven (7) calendar days after receipt of the grievance. If the department director is the immediate supervisor, the meeting will be between the employee and the appropriate Assistant County 25 Administrator. The limit between the second step submission and the second step meeting may be extended by mutual agreement. At the second step meeting, the employee may have a witness(es) of his/her choice present. At the second step meeting the supervisor may likewise have witness(es) present if he/she so desires. The department director or Assistant County Administrator shall make a separate inquiry into the complaint and a written reply to the grievant shall be provided to the employee within seven (7) calendar days after the second step meeting. Step 3. If a satisfactory resolution is not reached at the second step, the employee may file a written request for a hearing with the County Administrator within fourteen (14) calendar days after receipt of the department director's reply. A copy of the request for a hearing shall be sent to the employee's department director. Upon receipt of the written request for a hearing and verification that Steps 1 and 2 have been taken, the County Administrator shall schedule the requested hearing within seven (7) calendar days. The time between the third step submission and the third step hearing may be extended by mutual agreement. The County Administrator may decline to hear the grievance and forward the request to a panel hearing in accordance with Section 8.5. If the County Administrator chooses to hear the grievance, the employee and the County Administrator may have a representative(s) of their choice present at the hearing. The County Administrator shall provide the employee with a written reply within seven (7) calendar days after the conclusion of the hearing. A copy of the reply shall be sent to the department director. At Steps 1 and 2 only the grievant, appropriate managerial person (supervisor at Step 1, department director or Assistant County Administrator at Step 2) and appropriate witness(es) may be present. In addition, the County Attorney or his/her designee shall be present for 26 Steps 1 and 2, but only for observation purposes. At Step 3, the grievant may have a representative present and, if the grievant is represented by legal counsel at Step 3, then the County may also be represented by legal counsel at Step 3. (a) The procedure for a grievance includes the following steps: (1) Step 1. An employee who has a complaint shall discuss the problem directly with the employee's immediate supervisor within twenty (20) calendar days of the date the employee should have reasonably gained knowledge of the event giving rise to the complaint. The employee is not required to present the complaint in writing at this step. A verbal reply by the supervisor shall be made within five (5) business days following the meeting. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to initiate a grievance on that issue. (2) Step 2. If the complaint is not resolved after the first step, the employee may submit in writing the complaint to the employee's immediate supervisor within five (5) business days of the supervisor's verbal reply in step 1. The complaint shall be made using the "Grievance/Remedy Form" available from the department of human resources. The immediate supervisor shall reply in writing on the "Grievance/Remedy Form" to the complaint within five (5) business days of the receipt of the written complaint and provide a copy to the department director and the department of human resources. If the County Administrator or the County Administrator’s designee is the immediate supervisor, steps 2, 3 and 4 are consolidated into one step. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to continue a grievance on that issue. 27 (3) Step 3. If the complaint is not resolved in step 2, the employee may appeal the decision of the supervisor to the department director by forwarding the "Grievance/Remedy Form" to the department director within five (5) business days of receipt of the immediate supervisor's written response in step 2. The department director shall reply in writing on the "Grievance/Remedy Form" to the complaint within five (5) business days of the receipt of the written complaint and provide a copy to the department of human resources. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to continue a grievance on that issue. (4) Step 4. If the complaint is not resolved at step 3, the employee may appeal the decision of the department director by forwarding the "Grievance/Remedy Form" to the County Administrator or County Administrator's designee within five (5) business days of the department director's response. Within five (5) business days of its receipt, the County Administrator or County Administrator’s designee shall meet with the grievant and the department director together, to discuss the grievance. The County Administrator or County Administrator's designee shall reply to the grievant on the “Grievance/Remedy Form” within five (5) business days of the discussion and provide a copy to the department of human resources. Failure on the part of the employee to initiate the action required within the time stated herein shall terminate the employee's right to continue a grievance on that issue. (b) With the exception of step 4, the only persons who may be present in the management step meetings are the employee, the employee's immediate supervisor or department director depending on the level at which 28 the grievance is being heard, and appropriate witnesses for each side. Witnesses shall be present only while actually making his or her statement. At step 4, the employee, at his or her option, may have present a representative of his or her choice. If the employee is represented by legal counsel, the county likewise has the option of being represented by counsel. The employee must notify the County Admininistrator and the Human Resources Department of the name of his or her attorney within five (5) calendar days of the scheduled meeting. The presence of attorneys shall not alter the fact that this is an administrative, informal, fact-finding process involving, in step 4, a meeting and discussion between the County Administrator or County Administrator's designee and the employee. Section 8.5 (Revised June 14, 2007, April 1, 2015) Panel Hearing If the grievance is not settled in Step 3, the grievant may proceed to a hearing before an impartial panel. A written request for a panel hearing must be submitted to the County Administrator within ten (10) calendar days of the receipt of the third step reply. The panel shall be selected within ten (10) calendar days after receipt of the written request for a panel hearing. The panel shall consist of three members, one member appointed by the grievant, one member appointed by the County Administrator, or his designee, and the third member selected by the first two. The third person shall be the chairperson of the panel. In the event that agreement cannot be reached as to the final panel member, the chief judge of the circuit court of the jurisdiction wherein the dispute arose shall select the third member. To insure an impartial panel, such panel shall not be composed of any person having direct involvement with the grievance being heard by the panel, or with the complaint or dispute-giving rise to the grievance. Management personnel who are in a direct line of supervision of the grievant, persons 29 residing in the same household as the grievant, and the following relatives of a participant in the grievance process or a participant's spouse are prohibited from serving as panel members: spouse, parent, child, descendants of a child, sibling, niece, nephew, and first cousin. No attorney having direct involvement with the subject matter of the grievance nor a partner, associate, employee, or co-employee of such attorney shall serve as a panel member. Panel members chosen in compliance with these requirements shall be deemed to be impartial. The panel has the responsibility to interpret the application of appropriate County policies and procedures. It does not have the prerogative to formulate or to change policies or procedures. The panel shall set the time for the hearing which shall be held as soon as practical, but not more than ten (10) work days after the panel has been selected and the employee notified. Panel members, either individually or collectively, should not have contact with or hear any discussion of the grievance from any person(s) previously involved in an earlier phase of the grievance until such time as the panel meets. Both the respondent and the grievant may have legal counsel, or representatives of their choice present at the meeting. The conduct of the panel hearing shall be as follows: • The panel shall determine the propriety of attendance at the hearing of persons not having direct interest in the hearing, and, at the request of either party, the hearing shall be private; • The County provides the panel with copies of the grievance record prior to the hearing, and provides the grievant with a list of documents furnished to the panel and the grievant and his attorney, at least ten (10) calendar days prior to the scheduled panel hearing, shall be allowed access to and copies of all relevant files intended to be used in the grievance proceeding; • The panel has the authority to determine the admissibility of evidence 30 without regard to the burden of proof, or the order of presentation of evidence, so long as a full and equal opportunity is afforded to all parties for the presentation of their evidence; • All evidence shall be presented in the presence of the panel and the parties, except by mutual consent of the parties; • Documents, exhibits, and lists of witnesses shall be exchanged between the parties in advance of the hearing; • The majority decision of the panel, acting within the scope of its authority, shall be final, subject to existing policies, procedures and law; • The panel's decision shall be filed in writing by the panel chairperson with the County Administrator not later than ten (10) work days after completion of the hearing. • Copies of the panel's decision shall be transmitted to the employee, the employee's supervisor, the employee's department director and the County Administrator. Request for Hearing If the County Administrator's or the County Administrator's designee's response does not resolve the grievance at step 4, the grievant may request a hearing before a grievance panel. The request for a hearing shall be submitted in writing to the Director of Human Resources within five (5) business days of the response of the County Administrator or the County Administrator's designee. Panel Composition (1) In cases of employee termination or retaliation, the panel shall be made up of three impartial members. Two panel members shall be chosen from employees of the County. One of those panel members shall be appointed by the employee and one shall be appointed by the County Administrator or County Administrator's designee. The third panel member shall be an administrative hearing officer who is appointed by the Executive Secretary of the Supreme Court. The County will pay all costs related to the use of the 31 hearing officer. The administrative hearing officer shall act as panel chairperson. (2) In all other cases, the panel shall be made up of three impartial members chosen from employees of the County, one appointed by the grievant, one appointed by the County Administrator or County Administrator's designee, and a third panel member selected by the first two appointed panelists, who will serve as the panel chairperson. In the event that an agreement cannot be reached as to the third panel member, the chief judge of the circuit court of the County shall select the third panel member. (3) All County employees, as a condition of County employment, shall serve on grievance panels, whether selected by the grievant, management, or by the two appointed panelists to serve as the panel chair. All employees of the Human Resources Department, Office of the County Attorney, and the County Administrator's office shall be excluded from serving on the panel. (4) The panel shall not be composed of any persons having direct involvement with the grievance being heard by the panel, or with the complaint giving rise to the grievance; nor managers who are in a direct line of supervision of the grievant; nor employees in the same department as the grievant; nor persons who are residing or have resided in the same household as the grievant; nor the following relatives of either participant in the grievance process: spouse, parent, grandparent, child, grandchild, sibling, step-sibling, in-law, niece, nephew or first cousin. No attorney having direct involvement with the subject matter of the grievance, nor a partner, associate, employee or co-employee of the attorney shall serve as a panel member. Panel members chosen in compliance with these requirements shall be deemed to be impartial. (5) The County Administrator or County Administrator's designee, the grievant, or the grievant’s department director may challenge the eligibility of the other party's panel member by requesting a determination from the Director of Human Resources of whether the selection has met or violated the eligibility requirements. Such requests must be made in writing no fewer than five (5) business days prior to the date of the scheduled panel hearing. If one member is found to be ineligible, the remaining members are unaffected. If at all possible, an immediate replacement will be impaneled and the hearing conducted as scheduled. Rules for Panel Hearings 32 The conduct of panel hearings as a part of the grievance procedure shall be governed by the following rules: (1) The panel does not have authority to formulate policies or procedures or to alter existing policies or procedures; (2) The panel has the discretion to determine the propriety of attendance at the hearing of persons not having a direct interest in the hearing, and, at the request of either party, the hearing shall be private; (3) The County shall provide the panel with copies of the grievance record prior to the hearing, and provide the grievant with a list of the documents furnished to the panel; (4) The grievant and his or her attorney, at least ten (10) calendar days prior to the scheduled panel hearing, shall be allowed access to and copies of all relevant files intended to be used by the County in the grievance proceeding; (5) The panel shall have the authority to determine the admissibility of evidence without regard to the burden of proof, or the order of presentation of evidence, so long as a full and equal opportunity is afforded to all parties for the presentation of their evidence; (6) All evidence shall be presented in the presence of the panel and the parties, except by mutual consent of the parties; (7) The documents, exhibits and lists of witnesses shall be exchanged between the parties in advance of the hearing; (8) The panel hearing is an administrative process and is not meant to be conducted like proceedings in court. Panels are not bound by rules of evidence and shall take into account all reliable and substantial evidence produced at the hearing. It is within the province of the panel to determine relevancy and materiality. The panel may require either party to demonstrate relevancy and materiality of any evidence and the need for any requested extensions of the hearing panel; (9) The panel shall deal with the grievance before them. Evidence and testimony as to how other employees or situations have been handled in the past are not relevant except in cases of discrimination. Previous applications of the same policy may be relevant. No personnel file or record may be examined by the panel or introduced into evidence, except that of the grievant; 33 (10) The panel has no subpoena power to compel the attendance of witnesses. The panel may, however, at the request of either party, or in its own discretion, request the voluntary appearance of witnesses or the submission of documents. Authority of the Panel Chair The chair, acting on behalf of the panel, has the authority to: (1) Issue requests for witnesses or documents but does not have subpoena power; (2) Administer oaths; (3) Receive documentary evidence and hear testimony, and exclude that which is irrelevant, immaterial, repetitive or confidential by law; (4) Decide on procedural requests; (5) Hold a conference (in person or by telephonic means) to simplify the issues, decide procedural matters, discuss settlement possibilities, and establish the date, time, and place of hearing; and (6) Order the parties to exchange a list of witnesses and documents. Conduct of the Hearing (1) The hearing must be held within 30 calendar days of the selection of the panel in a location convenient to where the employee is or has been employed. The County must arrange a place for the hearing unless the panel chair chooses to make the arrangements. It is the responsibility of the panel chair to notify the parties, either in writing or at a prehearing conference, of the date, time and place of the hearing. (2) When a hearing is scheduled, it is the responsibility of the parties to appear or ask for a postponement. A hearing may proceed in the absence of one of the parties; a hearing so conducted will be decided on the grievance record and the evidence presented at the hearing. The parties may be represented by legal counsel or other representative, or may represent themselves. A hearing may be continued into evenings or weekends. The panel may grant a postponement or extend the 30 calendar day period for good cause. (3) Opening and closing statements may be made by each party. Each party may be represented by an individual of choice. All witnesses, except for the grievant and a representative of the County, shall not be present in the hearing room except when giving testimony. Exhibits may be offered into evidence and be made part of the record. The hearing must be recorded 34 verbatim. The panel chair is responsible for the recording and is to preserve the recorded tapes as a part of the grievance record. Either party may receive a copy of the recording at cost. A court reporter is not required. If either party requests a court reporter, that party is responsible for the costs. If a transcript is made, the other party may request a copy at cost. The panel chair has the authority to determine the propriety of the attendance of all persons not having a direct involvement in the hearing including witnesses and spectators. The hearing shall be closed to the public. Decision (1) The panel's decision must be in writing and contain the findings of fact and the basis for those findings. The panel shall deliver its decision to the Director of Human Resources, the individual who represented the County during the panel hearing and the employee within ten (10) business days of the conclusion of the hearing unless the panel by majority vote extends the time period. If the panel extends the time period for its response, the panel chair shall notify the parties in writing. The majority decision of the panel, acting within the scope of its authority, shall be final, subject to existing policies, procedures and law. (2) The panel shall decide the case on the merits, not on whether there has been compliance with the procedural requirements of this article. The panel does not have the authority to formulate policies or procedures nor to alter existing policies and procedures. The panel shall make its decision within the following standards of review: a. In grievances involving disciplinary action for misconduct, including termination for misconduct, the panel shall uphold the County if the evidence shows that the charge(s) of misconduct and disciplinary action(s) were more likely than not appropriate under the circumstances. If the panel finds that the charge(s) or disciplinary action(s) were not appropriate under the circumstances, then the panel has the same authority and limitations as management to determine the appropriate charge(s) or disciplinary action(s) in accordance with applicable County policy. The panel may not impose a disciplinary action in excess of the original disciplinary action imposed by the County. b. In grievances involving termination for unsatisfactory work performance, failure to meet job standards, unacceptable attendance or 35 other nondisciplinary matters, the panel shall uphold the County's action if it determines that the action was more likely than not appropriate under the circumstances. If the panel finds that the charge(s) or disciplinary action(s) were not appropriate under the circumstances, then the panel has the same authority and limitations as management to determine the appropriate charge(s) or disciplinary action(s) in accordance with applicable County policy. The panel is not empowered to establish or modify job standards, job requirements, or performance standards nor may the panel determine or change an employee's evaluation rating. The panel may not impose a disciplinary action in excess of the original disciplinary action imposed by the County. c. In grievances involving complaints regarding application of policy, discrimination and other nondisciplinary issues, the panel will determine if policies and procedures have been appropriately applied. If the panel finds that the policies and procedures have not been applied appropriately, then the panel, as appropriate relief, may issue an order to create an environment free from discrimination or to take corrective actions necessary to cure the violation and/or minimize its recurrence. The panel is not empowered to promote, assign or transfer employees, to establish salaries nor to take any other action which is in the purview of management rights. d. The panel does not have the authority to consider matters which the grievance procedure makes nongrievable. e. The majority decision of the panel, acting within the scope of its authority, shall be final, subject to existing policies, procedures and law. f. The panel may not award damages or attorney's fees. (3) Within ten (10) business days of the receipt of the panel's decision, the Director of Human Resources will review the decision and may on his or her own action remand a decision which appears to be inconsistent with law and written policy to the panel for further consideration. All parties will be notified if a decision is remanded. (4) The County Administrator shall implement the panel decision to the extent that it is consistent with the provisions of law and written policy. 36 Either party may petition the circuit court of the County for an order requiring implementation of the panel decision. Section 8.6 Determination of Grievability 1. Determining Issues Qualifying for the Management Steps If the first or second step written management response indicates that a given issue is not grievable, an employee may appeal to the County Administrator, or his designee, who is empowered to render a decision on the grievability and on the access of the procedure of issues in the management steps. Neither the County Attorney nor the Commonwealth's Attorney shall be authorized to decide the question of grievability. If the County Administrator finds that the issue is grievable, the grievance may be pursued through the three management steps. However if the County Administrator or his designee, finds that the issue is not grievable, the employee may appeal to the Circuit Court for a hearing on the issues as to whether or not the grievance qualifies for a panel hearing. The appeal procedure shall be in accordance with subsection 2 below. If the issue qualified by the court, the management step process should be completed before proceeding to panel (unless the grievance is otherwise resolved). 2. Determining Issues Qualifying for a Panel Hearing Decisions regarding whether or not a matter qualifies for a panel hearing shall be made by the County Administrator at the request of the department director or grievant and such decisions shall be made within ten (10) calendar days of such request. Such requests shall be made in writing. Such decisions of the County Administrator may be appealed to the Circuit Court for a hearing on the issues as to whether or not the grievance qualifies for a panel hearing. Proceedings for review of the decision of the County Administrator shall be instituted by filing a written notice of appeal with the County 37 Administrator within ten (10) calendar days thereafter, the County Administrator shall transmit to the Clerk of the Circuit Court to which the appeal is taken a copy of the decision of the County Administrator, a copy of the notice of appeal, and the exhibits. A list of the evidence furnished to the Court shall be furnished to the grievant. The failure of the County Administrator to transmit the record within the time allowed shall not prejudice the rights of the grievant. The court on motions of the grievant, may issue a writ of certiorari requiring the County Administrator to transmit the record on or before a certain date. Within thirty (30) calendar days of receipt by the Clerk of such records, the Court sitting without a jury, shall hear the appeal on the record transmitted by the County Administrator and such additional evidence as may be necessary to resolve any controversy as to the correctness of the record, the Court, in its discretion, may receive such other evidence as the ends of justice require. The Court may affirm the decision of the County Administrator or may reverse or modify the decision. The decision of the Court shall be rendered no later than the fifteenth (15th) day from the date of the conclusion of the hearing. The decision of the Court is final and is not appealable. Section 8.7 Following the Procedure After the initial filing of a written grievance, failure of either party to comply with all substantial procedural requirements of the grievance procedure without just cause will result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the noncompliance within five (5) work days of the receipt of written notification by the other party of the compliance violation. Such written notification by the grievant shall be made to the County Administrator. Failure of either party without just cause to comply with all substantial procedural requirements at the panel hearing shall result in a decision in favor of the other party. This procedure is provided as a means for employees to resolve problems and complaints without the cost often associated with legal counsel. However, if 38 any employee using the procedure would feel more comfortable in having such support, the employee shall be responsible for related expenses. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // Don Robertson, Director of Information Resources and Legislative Affairs, reported that the issues of the Transient Occupancy Tax and the adoption deadline of school budgets from May 1st to May 15th have been approved by the General Assembly and signed by the Governor with an effective date of July 1, 2015. He provided a recap of the changes made with regard to ethics legislation pertaining to disclosure forms and gift acceptance. He advised that the consolidation of health departments for Western Tidewater with the City of Chesapeake will not occur in the FY2015-16 budget. He further advised that State employees will receive a 2% salary increase (including Constitutional Officers and their employees, Registrars and Social Services and their full-time employees) and Schools will receive a 1.5% increase (instructional and support positions or those related to standards of quality positions only). A Resolution to Transfer Available FY 14 Fund Balance Roll Over Funds for One-time Capital Purposes was presented for consideration by Tony Wilson, Public Works Administrator. Supervisor Casteen moved that the following Resolution be adopted: RESOLUTION TO TRANSFER AVAILABLE FY 14 FUND BALANCE ROLL OVER FUNDS FOR ONE-TIME CAPITAL PURPOSES WHEREAS, there are several county buildings and facilities with immediate capital repair and improvement needs including roof replacements to the Nike Park Administration Building, Nike Park Seniors Building, and Isle of 39 Wight Museum as well as improvements to address sewer overflows at Nike Park; and, WHEREAS, $352,000 in funding is available for transfer from FY 14 fund balance roll overs to allocate for one-time capital purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Isle of Wight County, Virginia, that the County hereby approves the transfer of $352,000 in FY 14 fund balance roll over dollars to the Capital Projects Fund budget as follows: Nike Park Administration Bldg. Roof Replacement $106,000 Nike Park Seniors Bldg. Roof Replacement 60,000 Isle of Wight Museum Roof Replacement 140,000 Nike Park Sewer Overflow Improvements 46,000 $352,000 BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County, Virginia is authorized to execute the transfer of funds and make such accounting adjustments as necessary to give this resolution effect. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // Chairman Alphin called for a public hearing on the following matter: Sale of Public Property to the Virginia Department of Transportation County Attorney Popovich advised that the request by the Virginia Department of Transportation has been properly advertised for public hearing to convey approximately 31,000 square feet to the Virginia Department of Transportation for purposes of improvement to the bridge near the Carrsville Convenience Center. 40 Chairman Alphin called for persons to speak in favor of or in opposition to the conveyance of property. No one appeared and spoke. Chairman Alphin closed the public hearing and called for comments from the Board. Chairman Alphin moved that any and all documents necessary to effectuate the conveyance of the property to VDOT be executed. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // County Administrator Seward provided a timeline of Board directives associated with the ISLE2040 Comprehensive Plan. Richard Rudnicki, Assistant Director of Planning and Zoning, addressed the recommended next steps associated with the ISLE2040 Comprehensive Plan. Chairman Alphin moved that staff be directed to return the ISLE2040 Plan to the Planning Commission with the following list of deficiencies and that staff further be directed to conduct a public meeting in order to resolve those deficiencies: . Supervisor Darden’s request for inclusion of conservation areas; that staff begin the Windsor plan and, if possible, tweak the density numbers to accomplish what the Board wants while still satisfying the number of people needed; additional citizen input; and, projected economic impacts to the County. . Supervisor Bailey’s concern with Nike Park Road 41 . Chairman Alphin’s request to address any transportation issues which may arise. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // County Administrator Seward reviewed the proposed FY2015-16 Operating and Capital Budget with the Board. Supervisor Darden moved that staff be authorized to advertise the proposed FY2015-16 Operating and Capital Budget for public hearing at the Board’s April 16, 2015 regular meeting. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // Supervisor Darden moved to authorize a public hearing on April 16, 2015 on the proposed FY2015-16 Operating and Capital Budget. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. Supervisor Darden further moved that the meeting be continued until April 6, 2015 at 9:00 a.m. for the purposes of conducting a work session on the proposed FY2015-16 Operating and Capital Budget and to discuss insurance benefits with the County’s health insurance consultants. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // 42 Under Old Business, revisions to the Facility Use Agreement were discussed. Supervisor Casteen moved to deny the request for changes to the Facilities Use Agreement. The motion was adopted by a vote of (4-1) with Supervisors Alphin, Casteen, Darden and Jefferson voting in favor of the motion and Supervisor Bailey voting against the motion. Chairman Alphin moved that the opportunity be extended to the two departments to sign the Facilities Use Agreement for a six-month period of time, at the end of which time, the Agreement will be considered null and void and will revert back to what it was before and that the County and these two agencies will have the capacity to continue that Agreement into perpetuity if they so choose at that time. The motion was adopted by a vote of (5-0) with Supervisors Alphin, Bailey, Casteen, Darden and Jefferson voting in favor of the motion and no Supervisors voting against the motion. // At 11:30 a.m., the meeting was continued to April 6, 2015 at 9:00 a.m. for the purpose of conducting a work session on the proposed FY2015-16 Operating and Capital Budget and to discuss insurance benefits with the County’s health insurance consultants. __________________________ Rex W. Alphin, Chairman _____________________________ Carey Mills Storm, Clerk 1 CONTINUED MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE SIXTH DAY OF APRIL IN THE YEAR TWO THOUSAND AND FIFTHTEEN AT 9:00 A.M. IN THE ROBERT C. CLAUD, SR. BOARD ROOM OF THE ISLE OF WIGHT COUNTY COURTHOUSE 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 Chairman Alphin called the meeting to order at 9:00 a.m. for the purpose of discussing the County’s FY2015-16 Operating and Capital Budget and to receive a presentation from the County’s health insurance consultants. // ISSUE: COUNTY’S HEALTH INSURANCE BENEFITS Mary Beth Johnson, Director of Human Resources, introduced Janet Chrish with USI Insurance Services, who briefed the Board regarding a proposed three-year plan for the County designed to address regulations under the Affordable Care Act coming out January 18, 2018. // ISSUE: FY2015-16 OPERATING AND CAPITAL BUDGET The Board was provided revised funding request amounts by the volunteer fire and rescue organizations by County Administrator Seward. 2 Regarding shared funding commitments between the Towns and the County involving nonprofit organizations, the criteria relative to the application process was reviewed with the Board in response to Supervisor Casteen’s request to include $2,780 in the budget for the Triad Council. It was noted that Triad had submit the required application for funding; however, had done so after the January 15, 2015 deadline established for nonprofit organizations. The need to discuss the proposed budget in further detail, particularly the School’s and the Sheriff’s portion and Supervisor Darden moved that the Board conduct a work session on May 13, 2015 at 9:00 a.m. to further discuss their respective budgets. 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. In an attempt to correct inaccurate information contained in a flyer and distributed by the Carrollton Volunteer Fire Department, Supervisor Bailey offered to write a letter to the Editor of the Smithfield Times. // At 10:20 a.m., Chairman Alphin continued the meeting to April 13, 2015 for the purpose of meeting with the School Division and the Sheriff regarding their respective budgets. __________________________ Rex W. Alphin, Chairman _______________________________ Carey Mills Storm, Clerk Boards/Commissions/Committees Name District Blackwater Regional Library Board Marion Neighbors At-Large Member June 2015 Blackwater Regional Library Board Connie Henderson/Resigned Newport June 2016 Board of Building Appeals Elaine Butler Carrsville July 2015 Board of Building Appeals Michelle Jones Hardy March 2015 Board of Equalization Recommendation to Judge Hardy June 2016 Board of Zoning Appeals Glyn Thomas Willis Windsor May 2015 Paul D. Camp Community College Patricia Sowell June 2014 Commission on Aging Thelma White/RESIGNED Carrsville January 2015 Commission on Aging Debra L. Frank/RESIGNED Smithfield January 2015 Commission on Aging Carey Whitley/RESIGNED Smithfield October 2015 Senior Services of Southeastern Virginia Joseph Spratley, Jr.February 2015 Southeastern Tidewater Opportunity Project Hazel Edwards March 2015 Tidewater Emergency Medical Services Council, Inc.Chris Smith January 2015 Virginia Alcohol Safety Action Program (Southeastern)Kelly Sauber/RESIGNED IOW Representative May 2014 Western Tidewater Disability Services Board Mitchell Hunter/RESIGNED Community Rep. Western Tidewater Disability Services Board Lewis Rawls, Jr.Business Rep.August 2001 Wetlands Board David Moose Hardy June 2015 Term Expires Boards/Commissions/Committees (Appointed by Board Vote) ISSUE: Recognition of Entrepreneur of the Year BACKGROUND: In conjunction with the Commonwealth’s annual Business Appreciation Month Celebration, which takes place during the month of May this year, the Department of Economic Development will announce the County’s 2015 Entrepreneur of the Year. Staff will introduce the recipient and will provide a framed certificate for Chairman Alphin to present. BUDGETARY IMPACT: None RECOMMENDATION: Present the award. ATTACHMENTS: To be provided at the May 21, 2015 meeting. ISSUE: Transportation Update – Joe Lomax, VDOT Resident Engineer BACKGROUND: Joe Lomax, Franklin Residency Administrator, will present maintenance updates for roadways in Isle of Wight County, including paving, mowing, and ditch maintenance. BUGETARY IMPACT: None RECOMMENDATION: For the Board’s information ATTACHMENTS: None ISSUE: Staff Report - TMDL Action Plan Presentation BACKGROUND: The County is required to provide a Total Maximum Daily Load (TMDL) Action Plan to demonstrate how it will comply with mandatory pollutant reduction requirements. This plan is being developed in accordance with State guidelines and provides a summary of the County’s stormwater management facility construction and programmatic approach to meet the State’s pollutant reduction goals. Mr. Bruce Schwenneker, Associate of Whitman, Requardt & Associates, LLP, will present the draft TMDL Action Plan. The State requires an opportunity for public comment that can be incorporated into the final TMDL Action Plan. Staff will provide a link to both the TMDL Action Plan Presentation and the Draft TMDL Action Plan itself for review and public comment on the County’s website. In addition, a broadcast of the Power Point Presentation will be posted on the PEG channel to provide another opportunity to reach a larger audience and receive public comment. BUDGETARY IMPACT: None. Future construction projects required based on the results of the TMDL Action plan present no increase or direct budgetary impact. Construction and programmatic funding will be covered by revenues generated by the stormwater management fee. Construction funding will be offset to the greatest extent possible by using the State’s Stormwater Local Assistance Fund grant program. RECOMMENDATION: Receive the presentation. ATTACHMENT: TMDL Action Plan presentation Isle of Wight County Chesapeake Bay TMDL Action Plan May 2015 Background Chesapeake Bay Agreement 12/15/1987 Chesapeake Bay Preservation Act –1988 County Local Ordinance -November 1990 Chesapeake Bay 2000 Agreement After 25 Years –EPA Determined More Work Needed Chesapeake Bay TMDL –December 2010 Overall Pollution Diet Established Additional Removal Required 25% N | 24% P | 20% SS Background •Watershed Implementation Plans (WIP I – 2010: WIP II completed in March 2012) •MS4’s Assigned Waste Load Allocation •Achieved over 15 years: 3-five year permit cycles Reductions from 2009 levels Agreed to by Commonwealth Phased Approach To Reductions: 5% First Permit Cycle (2018) 35% Second Cycle (2023) 60% Third Cycle (2028) VDEQ Guidance Document Guidance Memo No. 14-2012 –August 2014, revised March 2015 •“Cook Book Approach” –Very prescriptive on submittal requirements •Allows Flexibility in Plan Development and Compliance. 1.Determine Extent of MS4 Regulated Lands, Loads and Required Reductions; 2.Adjustments to Loads 3.Develop Plan to Meet Reductions; 4.Review of MS4 Authority and Implementation Capabilities; 5.Expected Schedule and Costs for meeting the Action Plan; and, 6.PUBLIC INPUT MS4 Urbanized Area Expanded from 1145 –3075 acres based on 2010 Census MS4 Regulated Area Regulated Area – “ A conveyance or system of conveyances designed or used for conveying stormwater. Owned or operated by City, Town, County… with ESC and stormwater authority” MS4 Regulated Area Urbanized Area –3075 Acres Regulated Area –147 Acres Land Use Category Acreage Wetland 5.16 Open Water 0.10 Forested 2.24 Industrial Permitted Lands 0.00 Pervious 97.27 Impervious*42.69 Total Area**147.47 *Includes 16.9 acres VDOT Impervious lands **Includes 28.7 acres of VDOT roadways and right of way MS4 Regulated Area Summary Pollutant Source Total Acres Served by MS4 First Permit Cycle Required Reduction in Loading First Permit Cycle Reduction Required (lbs) First Permit Cycle Total Reduction Required (lbs) Nitrogen Regulated Impervious 42.69 0.04 1.71 3.66Regulated Pervious 97.28 0.02 1.95 Phosphorus Regulated Impervious 42.69 0.01 0.43 0.62Regulated Pervious 97.28 0.002 0.19 Total Suspended Solids Regulated Impervious 42.69 6.67 284.7 328Regulated Pervious 97.28 0.44 42.8 Reductions Required For 1st Permit Cycle Pollutant Required Removal (lbs/year) 1st Permit Cycle 2018 2nd Permit Cycle 2023 3rd Permit Cycle 2028 Total Total Nitrogen (TN)3.66 25.65 43.92 73.2 Total Phosphorus (TP)0.62 4.34 7.44 12.4 Total Suspended Solids (TSS)328 2296 3936 6560 Required Pollutant Removal Carrolton BMP #5 Pollutant Removal (lbs) N-26.87 P-7.17 SS-3047 Loading Reduction and Credit Adjustments •Credit for BMPs constructed after 2009 beyond required capacity -NO •Additional removal required for Grandfathered projects–NO •Credit for stricter development standards -NO •Credit for BMPs constructed from 2006 –2009 if County Reports Historic Data -YES County Loading Reduction Options Evaluated •BMP Review –Existing BMP’s and opportunities for retrofits and conversions; •Focus on County owned parcels inside and outside of Urbanized Area. •Other TMDL watersheds; •Land Use Conversions and Nutrient Management Planning •Credit Exchanges •Future Approved BMPs (Stream Channel Stabilization) Structural BMP’s •Nike Park Bioretention Facility •Windsor High School -6 Bio-retention Facilities •Carrolton Volunteer Fire Department –Wetland Expansion •Poor House Road Facility Land Use Conversion •Rescue Squad Parcel •Landfill Parcel •Nike Park –Buffer Expansion •Windsor Parcel Nutrient Management •Windsor High School •County Court House Complex •Nike Park Potential Projects Project P Removal (lbs)Project Cost Cost/lb P Carrollton Fire Station BMP #7 0.89 $34,358 $38,600 Windsor High School 10.49 $441,000 $42,000 Nike Park Bio-retention 4.26 $160,600 $37,700 Poor House Road BMP 10.45 $313,351 $30,000 Land Use Conversion 33.79 $844,560 $25,000 Nutrient Management Plans 1.53 N/A N/A DEQ Local Assistance Program Provides 50% Funding for Projects < $50,000/lb Proposed DEQ Plan Elements Projects, Costs and “P” Loading Removal Rates Pollutant 1st permit Cycle Required Reductions (Lbs) Windsor High School Nike Park Carrolton BMP #5 Total Removal All Projects Total 2028 Removal Required N 3.66 76.71 18.09 26.87 122 73.2 P 0.62 10.49 4.26 7.17 22 12.4 SS 328 2606 1684 3049 7339 6560 Proposed Plan to VDEQ MS4 Regulated Area Pollutant Area Source Acreage Total Reduction Required (lbs) Total all projects in DEQ Plan Total of All Projects Identified Phosphorus MS4 Regulated Area Impervious 43 12.4 22 69Pervious97 Total Urbanized Area Impervious 368 124 Pervious 1254 Potential P Reductions Required from Total Urbanized Area Future Uncertainties Loading Reductions for Remainder of Urbanized Area Chesapeake Bay Model and Phase II Permit Reductions Future Model Runs and Allocations Growth--Expanded Urbanized Area VDOT--Individual Phase II Permit Non Bay TMDL Action Plans Next Steps The County is seeking public comments on the proposed plan until June 19, 2015. A link to this presentation and the full TMDL Action plan can be found on the County Stormwater Page:http://www.co.isle-of- wight.va.us/engineering/stormwater- management-program/ Written comments can be submitted to: stormwater@iwus.net or via mail at Isle of Wight County ATTN: Stormwater Division PO Box 80 Isle of Wight, VA 23397 ISSUE: Resolution to Recognize May 2015 as Building Safety Month BACKGROUND: The International Code Council, an organization of code enforcement, fire safety and prevention and design professionals and manufacturers, has designated May as Building Safety Month to recognize the work of its members in protecting health and safety in the buildings where our citizens, live, work and play. Adoption of a resolution by the Board of Supervisors to similarly recognize May as Building Safety Month will show the County’s support of this endeavor and the employees who diligently work in the background to ensure the safety, health and welfare of our citizens. BUDGETARY IMPACT: There is no budgetary impact associated with this proposed resolution. RECOMMENDATION: Adopt a resolution to recognize the Month of May, 2015 as Building Safety Month in Isle of Wight County. ATTACHMENT: Resolution RESOLUTION TO RECOGNIZE MAY 2015 AS BUILDING SAFETY MONTH WHEREAS, Isle of Wight County’s continuing efforts to address the critical issues of safety, energy efficiency, water conservation, and resilience in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound; and, WHEREAS, our confidence is achieved through the devotion of vigilant guardians––building safety and fire prevention officials, architects, engineers, builders, tradespeople, laborers and others in the construction industry––who work year-round to ensure the safe construction of buildings; and, WHEREAS, these guardians—dedicated members of the Virginia Building and Code Officials Association and the International Code Council—use a governmental consensus process that brings together local, state and federal officials with expertise in the built environment to create and implement the highest-quality codes to protect our citizens in the buildings where we live, learn, work, worship, play; and, WHEREAS, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. cities, counties and states; these modern building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildland fires, floods and earthquakes; and, WHEREAS, Building Safety Month is sponsored by the International Code Council, to remind the public about the critical role of our communities’ largely unknown guardians of public safety––our local code officials––who assure us of safe, efficient and livable buildings; and, WHEREAS, “Resilient Communities Start with Building Codes” the theme for Building Safety Month 2015, encourages all Americans to raise awareness of the importance of building safe and resilient construction; fire prevention; disaster mitigation, water safety and conservation; energy efficiency and new technologies in the construction industry; and, WHEREAS, Building Safety Month 2015 encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies; and, WHEREAS, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus and federal agencies in protecting lives and property. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of County of Isle of Wight, Virginia recognize the month of May 2015 as Building Safety Month and encourage all citizens to join in the participation of Building Safety Month activities. Adopted this 16th day of April, 2015. Rex W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark Popovich, County Attorney May 21, 2015/jlo/VDOY SSYIP 16-21 ISSUE: Public Hearing – Virginia Department of Transportation (VDOT) FY 2016-2021 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 for FY16 is $134,265. Annual funding is currently projected to continue at approximately $150,000 annually in the subsequent five Plan years. The following projects were added to the SSYIP in FY 12/13, and are currently in Construction phase: • 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: • Morgart’s Beach Road (Route 673), paving 1.1 miles from Blounts Corner Road to Fort Boykin Trail. o Fully-funded in FY 15. • Rattlesnake Trail (Route 646), paving 2.1 miles from Town Drive to Ramsey Road. o Projected to be fully-funded in FY 20. • 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 is not fully-funded within the 6 year timeframe of the plan. May 21, 2015/jlo/VDOY SSYIP 16-21 BUDGET IMPACT: None RECOMMENDATIONS: Adopt a resolution to approve the proposed Virginia Department of Transportation FY 2016-2021 Secondary Six-Year Improvement Program and Construction Priority List. ATTACHMENTS: - Resolution to approve the proposed VDOT FY 2016-2021 SSYIP and Construction Priority List. - Proposed Virginia Department of Transportation (VDOT) FY 2016- 2021 Secondary Six-Year Improvement Program (SSYIP) and Construction Priority List. May 21, 2015/jlo/VDOY SSYIP FY 16-21 resolution 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 2016 THROUGH FY 2021 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, this Board has held a public hearing on the proposed Plan (FY 2016-FY 2021), in accordance with VDOT policies and procedures, on May 21, 2015 and all citizens of the County had the opportunity to make comments and recommendations concerning the proposed Program and Priority List; and, WHEREAS, VDOT Local Program and Residency staff have reviewed and concurred with the proposed SSYIP (FY 2016-FY 2021) and the Construction Priority List. NOW, THEREFORE, BE IT RESOLVED that the Secondary Six-Year Improvement Program and Construction Priority List for FY 2016-2021 are hereby approved, as presented at the public hearing. BE IT FURTHER RESOLVED that Isle of Wight County requests that Rattlesnake Trail (Route 646, UPC 104809) be designated as a Revenue Sharing project with the opportunity to receive surplus Revenue Sharing funds which may become available from completed Revenue Sharing projects for the purpose of advancing construction. 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 21th day of May 2015. Rex W. Alphin, Chairman Carey Mills-Storm, Clerk Approved as to Form: _______________________________ Mark C. Popovich, County Attorney FY2016 FY2021 $49,660 $0 $0 $0 $84,605 $84,605 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $134,265 $84,605 Secondary System Isle of Wight County Construction Program Estimated Allocations Fund FY2017 FY2018 FY2019 FY2020 Total CTB Formula - Unpaved State $60,624 $69,298 $74,685 $71,779 $326,046 Secondary Unpaved Roads $0 $0 $0 $0 $0 TeleFee $84,605 $84,605 $84,605 $84,605 $507,630 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 Total $145,229 $153,903 $159,290 $156,384 $833,676 Anne Seward County Administrator Date Board Approval Date: Joseph E. Lomax Residency Administrator Date Page 1 of 1 Route Previous Additional Traffic Count PPMS ID Funding Funding Scope of Work Accomplishment Required FHWA # Type of Funds SSYP Funding 2016-17 2019-20 Comments Type of Project Other Funding Priority #Ad Date Total $0 ($411,637) MIN PLAN,FED- AID,SECONDARY 0.061 MI. E. INT. ROUTE 637 0001.00 1.4 12/13/2011 $64,000 $2,636,057 Minimum Plan South Hampton County line 0003.00 1.8 2/11/2022 $0 $0 BUDGET ITEMS YEARLY PROJECT FOR ISLE OF WIGHT 9999.01 0.0 4/16/2010 District: Hampton Roads SECONDARY SYSTEM CONSTRUCTION PROGRAM (in dollars) County: Isle of Wight County Board Approval Date: 2016-17 through 2020-21 Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to Project # 2017-18 2018-19 2020-21 complete Description TO FROM 2015-16 1300 14994 0620046249 RW $237,618 Length $0 $0 Rt.0620 BROADWATER ROAD PE $405,145 $0 $0 $1,773,429 $0 $0 $0 $0 $0 $0 Reconstruction w/o Added Capacity RAAP CONTRACT RTE 620 - RECONSTRUCTION CON $2,292,920 $1,573,891 $0 STP 0.031 MI. W. INT. ROUTE 681 Total $2,935,683 $3,347,320 ($411,637)$0 $0 $0 $0 $0 Project complete, currently going through closeout proceediings. Eligible surplus funds will be transferred to UPC 105469 (Broadwater btw Strawberry Ln and S. Hampton Cty line). $0 14004 Rt.0620 Broadwater Road PE $481,500 105469 0620046650 RW $500,000 $171,778 $14,605 $80,890 $80,890 $80,890 $80,890 $64,000 Reconstruction w/o Added Capacity RAAP CONTRACT Rte 620 Reconstruction - Broadwater Road CON $2,228,500 $0 $0 $0 $0 $0 14004 Strawberry Plains (Route 681)Total $3,210,000 $171,778 $3,038,222 $14,605 $80,890 $80,890 $80,890 $80,890 $0 $0 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 - Pear Tree Rd and Rte 643 - Wood Duck Dr) Rt.9999 PE $0 31665 9999046BI RW $0 $174,925 $0 $0 $0 $0 $0 Environmental Only $0 $0 $0 16020 RTE 9999 - BUDGET ITEM CON $204,925 $30,000 $0 $0 $0 $0 $0 S DRAINAGE & SIDEWALK AT WINDSOR Total $204,925 $204,925 $0 STATE FORCES/HIRED EQUIPMENT $0 $0 $0 $0 Rt.4002 PE $0 Page 1 of 6 Route Previous Additional Traffic Count PPMS ID Funding Funding Scope of Work Accomplishment Required FHWA # Type of Funds SSYP Funding 2016-17 2019-20 Comments Type of Project Other Funding Priority #Ad Date Total Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to Project # 2017-18 2018-19 2020-21 complete Description TO FROM 2015-16 Length Rt.0620 BROADWATER ROAD PE $405,145 $0 $0 9999.02 $0 $0 VARIOUS LOCATIONS IN COUNTY 9999.03 3/1/2011 $0 $0 VARIOUS LOCATIONS IN COUNTY 9999.05 3/1/2011 $0 $0 VARIOUS LOCATIONS IN COUNTY RW $0 $0 $0 Rt.4002 PE $0 0 -2892 1204002 $0 $0 $45,099 $0 $0 $0 $0 $0 $0 COUNTYWIDE PIPE & ENTRANCE CON $45,099 $0 $0 VARIOUS LOCATIONS IN COUNTY Total $0 $45,099 $0 $0 $0 $0 $0 $0 INSTALLATION CHARGE FOR PIPES AT PRIVATE ENTRANCES AND OTHER MINOR DRAINAGE IMPROVEMENTS. $0 ____ Rt.4003 PE $0 0 99975 1204003 RW $0 $40,000 $20,000 $0 $0 $0 $0 $0 Reconstruction w/o Added Capacity COUNTYWIDE RURAL ADDITIONS CON $60,000 $0 $0 $0 $0 $0 16004 S VARIOUS LOCATIONS IN COUNTY Total $60,000 $40,000 $20,000 $20,000 $0 $0 $0 $0 $0 $0 RURAL ADDITIONS - SECTION 33.1- 72.1. ROLLOVER OF FUNDS CAN BE FOR FIVE YEARS. Rt.4005 PE $0 0 99976 1204005 RW $0 $56,575 $0 $0 $0 $0 $0 Preliminary Engineering $0 $0 $0 16015 COUNTYWIDE ENGINEERING & SURVEY CON $56,575 $0 $0 $0 $0 $0 $0 S VARIOUS LOCATIONS IN COUNTY Total $56,575 $56,575 $0 RW $0 $0 $0 $0 $0 $0 $0 MINOR SURVEY & PRELIMINARY ENGINEERING FOR BUDGET ITEMS AND INCIDENTAL TYPE WORK. Rt.4006 PE $0 0 100245 1204006 $0 $0 $30,058 $0 $0 $0 $0 $0 $0 Preliminary Engineering COUNTYWIDE FERTILIZATION & SEEDING CON $30,058 $0 $0 S VARIOUS LOCATIONS IN COUNTY Total $30,058 $30,058 $0 $0 $0 $0 $0 $0 FERTILIZATION AND SEEDING TO IMPROVE SLOPE STABILIZATION ON SECONDARY SYSTEM $0 16015 Page 2 of 6 Route Previous Additional Traffic Count PPMS ID Funding Funding Scope of Work Accomplishment Required FHWA # Type of Funds SSYP Funding 2016-17 2019-20 Comments Type of Project Other Funding Priority #Ad Date Total Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to Project # 2017-18 2018-19 2020-21 complete Description TO FROM 2015-16 Length Rt.0620 BROADWATER ROAD PE $405,1459999.06 3/1/2011 $20,605 $0 VARIOUS LOCATIONS IN COUNTY 9999.07 3/1/2011 $0 $0 VARIOUS LOCATIONS IN COUNTY 9999.08 1/30/2011 $0 ($26,686) NO PLAN,SECONDARY ROUTE 682 9999.09 1.2 10/16/2012 FERTILIZATION AND SEEDING TO IMPROVE SLOPE STABILIZATION ON SECONDARY SYSTEM Rt.4007 PE $35,465 0 99765 1204007 RW $0 $47,933 $0 $3,715 $3,715 $3,715 $3,715 $20,605 Safety COUNTYWIDE TRAFFIC SERVICES CON $47,933 $0 $0 $0 $0 $0 16021 S VARIOUS LOCATIONS IN COUNTY Total $83,398 $47,933 $35,465 $0 $3,715 $3,715 $3,715 $3,715 $0 $0 TRAFFIC SERVICES INCLUDE SECONDARY SPEED ZONES, SPEED STUDIES, OTHER NEW SECONDARY SIGNS Rt.4008 PE $0 0 100282 1204008 RW $0 $8,078 $0 $0 $0 $0 $0 Right of Way $0 $0 $0 16016 COUNTYWIDE RIGHT OF WAY ENGR. CON $8,078 $0 $0 $0 $0 $0 $0 S VARIOUS LOCATIONS IN COUNTY Total $8,078 $8,078 $0 RW $0 $0 $0 $0 $0 $0 $0 USE WHEN IMPARTICAL TO OPEN A PROJECT: ATTORNEY FEES and ACQUISITION COST. Rt.0683 Halltown Road PE $15,681 1976 0683046205 $0 $0 $4,592 $0 $0 $0 $0 $0 $0 Resurfacing NON VDOT RTE 683 - RECONSTRUCTION CON $241,589 $279,364 $0 SS/REVSH ROUTE 681 Total $257,270 $283,956 ($26,686)$0 $0 $0 $0 $0 Project complete and currently going through closeout proceedings. The project is funded by Revenue Share Funds and $4,592 of Telefees. Eligible surplus funds will be transferred to UPC 104809 (Rattlesnake Trail). $0 16005 Rt.0647 POPE SWAMP TRAIL PE $23,841 8321 0647046P29 RW $0 $15,036 $0 $0 $0 $0 $0 $0 Resurfacing NON VDOT RTE 647 - RURAL RUSTIC CON $240,930 $350,922 $0 $0 $0 $0$0 $0 Page 3 of 6 Route Previous Additional Traffic Count PPMS ID Funding Funding Scope of Work Accomplishment Required FHWA # Type of Funds SSYP Funding 2016-17 2019-20 Comments Type of Project Other Funding Priority #Ad Date Total Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to Project # 2017-18 2018-19 2020-21 complete Description TO FROM 2015-16 Length Rt.0620 BROADWATER ROAD PE $405,145 $0 ($101,187) NO PLAN,SECONDARY ROUTE 644 9999.09 2.2 10/16/2012 $0 $64,233 Single Hearing 0.017 MI. NORTH OF NUBY RUN 9999.09 10/8/2013 $0 $0 No Plan Dead End 9999.10 0.5 9/5/2014 $0 ($28,808) No Plan Dead End 9999.10 0.3 9/5/2014 NON VDOT RTE 647 - RURAL RUSTIC CON $240,930 $350,922 $0 $0 $0 $0 16005 SS/REVSH ROUTE 645 Total $264,771 $365,958 ($101,187)$0 $0 $0 $0 $0 $0 $0 Project complete and currently going through closeout proceedings. The project is funded by Unpaved road funds in the amount of $15,036 and Revenue Share Funds. Eligible surplus funds will be transferred to UPC 104809 (Rattle Snake Road). Rt.0637 Orbit Road PE $340,789 91168 0637046573 RW $373,718 $128,875 $0 $0 $0 $0 $0 Bridge Replacement w/o Added Capacity$0 $0 $0 16011 Rte 637 Over Nuby Run VA str. 6045 CON $1,126,783 $1,648,182 $0 $0 $0 $0 $0 BROS 0.016 MI. SOUTH OF NUBY RUN Total $1,841,290 $1,777,057 $64,233 RAAP CONTRACT RW $0 $0 $0 $0 $0 $0 $0 Accruing funds for CN Rt.0671 Country Way PE $15,000 103052 0671046629 $0 $0 $161,478 $0 $0 $0 $0 $0 $0 Resurfacing NON VDOT ROUTE 671- RURAL RUSTIC SURFACE TREAT NON- HARDSURFACE ROAD CON $146,478 $0 $0 S Rte. 704 Total $161,478 $161,478 $0 $0 $0 $0 $0 $0 $0 16005 Rt.0667 Twin Hill Lane PE $15,000 103054 0667046630 RW $0 $138,522 $0 $0 $0 $0 $0 $0 Resurfacing NON VDOT ROUTE 667- RURAL RUSTIC SURFACE TREAT NON- HARDSURFACE ROAD CON $94,714 $0 $0 $0 $0 $0 16005 S Rte. 665 Total $109,714 $138,522 ($28,808)$0 $0 $0 $0 $0 $0 $0 Rt.0675 Holly Point Way PE $34,000 Page 4 of 6 Route Previous Additional Traffic Count PPMS ID Funding Funding Scope of Work Accomplishment Required FHWA # Type of Funds SSYP Funding 2016-17 2019-20 Comments Type of Project Other Funding Priority #Ad Date Total Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to Project # 2017-18 2018-19 2020-21 complete Description TO FROM 2015-16 Length Rt.0620 BROADWATER ROAD PE $405,145 $0 ($116,644) No Plan Dead End 9999.10 0.7 9/5/2014 $0 ($60,920) No Plan Rte. 2002 South Shore Drive 9999.10 0.4 9/5/2014 $0 ($12,522) No Plan Hideaway Lane 9999.10 0.7 9/5/2014 $0 $386,565 Minimum Plan Ramsey Road (Route 622) 9999.11 2.1 3/1/2019 103055 0675046631 RW $0 $340,000 $0 $0 $0 $0 $0 Resurfacing $0 $0 $0 16005 ROUTE 675- RURAL RUSTIC SURFACE TREAT NON- HARDSURFACE ROAD CON $189,356 $0 $0 $0 $0 $0 $0 S Rte. 10 Total $223,356 $340,000 ($116,644) NON VDOT RW $0 $0 $0 $0 $0 $0 $0 Rt.2003 Poplar Drive PE $20,000 103056 2003046632 $0 $0 $211,273 $0 $0 $0 $0 $0 $0 Resurfacing NON VDOT ROUTE 2003- Rural Addition Surface Treat Non-Hardsurface RD CON $130,353 $0 $0 S Rte. 2001 Woodmere Lane Total $150,353 $211,273 ($60,920)$0 $0 $0 $0 $0 $0 16005 Rt.0716 Yellow Rock Lane PE $21,000 103057 0716046633 RW $0 $211,274 $0 $0 $0 $0 $0 $0 Resurfacing NON VDOT ROUTE 0716- Rural Addition Surface Treat Non-Hardsurface RD CON $177,752 $0 $0 $0 $0 $0 16005 S Rte. 665 Smithneck Road Total $198,752 $211,274 ($12,522)$0 $0 $0 $0 $0 $0 $0 Rt.0646 Rattlesnake Trail PE $62,000 104809 0646046649 RW $0 $144,207 $99,660 $69,298 $74,685 $71,779 $0 Resurfacing $0 $0 $0 16005 Rural Rustic Paving Project CON $844,818 $0 $0 $60,624 $71,779 $0 $0 S Town Drive (Route 637)Total $906,818 $144,207 $762,611 NON VDOT $99,660 $60,624 $69,298 $74,685 Rt.0673 Morgart Beach Road PE $68,000 Page 5 of 6 Route Previous Additional Traffic Count PPMS ID Funding Funding Scope of Work Accomplishment Required FHWA # Type of Funds SSYP Funding 2016-17 2019-20 Comments Type of Project Other Funding Priority #Ad Date Total Road Name Estimated Cost PROJECTED FISCAL YEAR ALLOCATIONS Balance to Project # 2017-18 2018-19 2020-21 complete Description TO FROM 2015-16 Length Rt.0620 BROADWATER ROAD PE $405,145 $0 ($5,000) No Plan Fort Boykin Trail (Route 705) 9999.12 1.1 12/1/2019 RW $0 $0 $01048060673046653 $0 $0 $5,000 $0 $0 $0 $0 $0 $0 Resurfacing NON VDOT Rural Rustic Project - Resurface (Mogart Beach Road) CON $385,409 $453,409 $0 Blounts Corner Road (Route 674)Total $453,409 $458,409 ($5,000)$0 $0 $0 $0 $0 $0 16005 Page 6 of 6 Isle of Wight County Secondary Six-Year Improvement Program Construction Priority List FY 2016-2021 Secondary Paved Roads Priority Route UPC Road Name From/To Ad Date Cost Estimate 1 620 14994 Broadwater Rd Strawberry Plains to Racetrack Rd $3,365,375 2 637 91168 Orbit Rd Bridge over Great Swamp Branch $975,611 3 620 Broadwater Rd County Line to Strawberry Plains 08/11/2021 $3,210,000 4 603 14991 W. Blackwater Rd Pear Tree Rd to Wood Duck Dr $3,597,545 Unpaved Roads Priority Route UPC Road Name Length (miles) Ad Date Cost Estimate 1 671 103052 Country Way 0.3 07/01/2014 $150,000 2 667 103054 Twin Hill Ln 0.3 07/01/2014 $150,000 3 675 103055 Holly Point Way 0.7 07/01/2014 $340,000 4 2003 103056 Poplar Dr 0.4 07/01/2014 $200,000 5 716 103057 Yellow Rock Ln 0.6 07/01/2014 $210,000 6 673 13964 Morgart Beach Road 1.1 05/01/2016 $453,409 7 646 13878 Rattlesnake Trail 2.1 05/01/2020 $906,818 May 21, 2015/MCP/ Resolution to Initiation Condemnation Action(s) ISSUE: Public Hearing - Nike Park Trail Project Condemnation Authorization BACKGROUND: The Nike Park Trail is a project to construct approximately four (4) miles of multi-use trail, connecting Windsor Castle Park with Nike Park. The Trail will be 8-10 feet wide and paved with asphalt to safely accommodate non-motorized, 2-way bike and pedestrian traffic. The Trail will meet all ADA standards for accommodating users with physical challenges. This project was initiated by the community in 2004-2005, with multiple competitive federal transportation grants received in FY 2007, 2011, and 2013. Construction of the project must move forward in June 2015 to ensure that federal funds are not de- allocated. BUDGETARY IMPACT: Failure to proceed with development of this project will result in the de-allocation of $2.4 to $3.8 million in federal grant funds and will require that the County repay all federal reimbursements received to date. RECOMMENDATION: Adopt a Motion to Approve the Resolution to Authorize the Initiation of Condemnation Action or Actions Related to the Nike Park Trail Project. ATTACHMENT: Resolution RESOLUTION AUTHORIZING THE INITIATION OF CONDEMNATION ACTION OR ACTIONS RELATED TO THE NIKE PARK TRAIL PROJECT WHEREAS, Section 15.2-1903(B) of the Code of Virginia (1950, as amended) requires that prior to the initiation of condemnation proceedings the governing body of a locality must hold a public hearing and adopt a resolution approving the proposed condemnation; and WHEREAS, such a resolution must state the use for which the property being condemned shall be put and the necessity therefor. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors that the County Attorney’s Office is hereby authorized to initiate any and all condemnation action(s), pursuant to Section 25.1-200 et seq. of the Code of Virginia (1950, as amended), to acquire the necessary interest(s) in those properties located along the Nike Park Trail project corridor which are commonly referred to as Tax Map Parcels 21A-01-511, 22-01- 010, 22R-01-000A, 22R-01-000B, 22R-01-000K, 22-01-024C, 22-01-023E, 22-01-023A, 23- 01-016, 22-01-022B, 22-01-022A, 22-01-024, 22-01-023B, 23-01-012, 23-01-012A and 23-01- 011, along with such other parcels as may be deemed necessary to effectuate completion of the Nike Park Trail project; and BE IT FURTHER RESOLVED by the Isle of Wight County Board of Supervisors that such condemnation action is necessary, as a last resort option, should an amicable resolution not be reached with the effected property owner(s), to allow the County to proceed with the development of this trail project to improve the standard of living for all citizens of Isle of Wight County and to provide a safe and useable bicycle and/or pedestrian trail that may be used by the general public. Adopted this 21st day of May, 2015. Rex Alphin, Chairman Isle of Wight County Board of Supervisors Attest: Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich County Attorney May 21, 2015/bhw/Subdivision Ordinance Amendment ISSUE: Public Hearing – Ordinance to Amend - TND Street Lighting Guidelines BACKGROUND: The current Traditional Neighborhood Design (TND) standard requires a street light every 100 feet, which has been brought to staff’s attention as being excessive. The proposed amendment of the Subdivision Ordinance, Section 5.16(B)(7) Guidelines for Lighting, seeks to modify the current TND lighting standard consistent with the County’s separate Street Light Policy governing street light installation in existing subdivisions. The recommended provision will require a light every 300-400 feet. BUDGETARY IMPACT: None RECOMMENDATION: The Planning Commission held a public hearing on the proposed amendment on April 28, 2015 and recommended approval by a vote of 9-0 with one member absent. Staff recommends approval as presented. ATTACHMENTS: - Proposed Ordinance to Amend (clean version) - Memorandum to the Planning Commission - Proposed Ordinance Amendment (with tracked changes) - County Street Lighting Policy (in existing subdivisions) An Ordinance to Amend and Reenact the Isle of Wight County Code by Amending and Reenacting Appendix A, Subdivision, Section 5.16 Traditional Neighborhood Design 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 A, Subdivision, Section 5.16 Traditional Neighborhood Design of the Isle of Wight County Code be amended and reenacted as follows: Section 5.16. - Traditional neighborhood design (TND). The objective of the traditional neighborhood design type is a compact, pedestrian-scaled development incorporating a diverse, mixed range of uses to promote community interaction, convenience, housing options for all income levels, and civic participation. The following regulations are offered to guide this type of development in accordance with design principles compatible with the historic nature of the county, and in harmony with the applicable county ordinances and the comprehensive plan. A. Applicability. ..... These provisions apply to new developments of fifty (50) acres or more, zoned PD-R, PD-MH, and PD-MX. In the case of expanding existing subdivisions of ten (10) lots or more, these guidelines can be applied to any development residentially zoned and proposing at least five (5) additional lots. The following standards do not exempt the applicant from compliance with the other sections of this ordinance which protect the general health, safety, and welfare of residents. B. Development standards. 1. [Location:] ..... All residents should be within approximately one- fourth (¼) mile radius or a five-minute walk from existing or proposed commercial, civic, and open space areas. 2. Open space: ..... At least forty (40) percent of the gross acreage of the traditional neighborhood development must be open space. Open space may include undevelopable areas such as steep slopes and wetlands, and stormwater detention and retention basins. At least fifty (50) percent of the open space must be common open space dedicated to the public for recreation. Additionally, ninety (90) percent of the dwelling units shall be within a one-fourth (¼) mile radius or a five-minute walk from common open space. 3. Stormwater management: ..... The design of the traditional neighborhood development should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water. Natural topography and existing land cover should be maintained/protected to the maximum extent practical. New development shall meet the standards of section 5.8, stormwater management. 4. Lot and block standards: A. Street layouts should provide for blocks that are a minimum of two hundred fifty (250) feet in length and a maximum of five hundred (500) feet in length; however, longer length shall be allowed with mid-block pedestrian pass-throughs every five hundred (500) feet. B. Blocks should be wide enough to allow two (2) tiers of lots at minimum depth as required by the underlying zoning. The subdivision agent may approve a single tier of lots of minimum depth where environmental conditions restrict the lot layout. C. A variety of lot sizes should be provided to facilitate housing diversity and choice and meet the projected requirements of people with different housing needs. C. Circulation standards. ..... The circulation system shall allow for different modes of transportation. The circulation system shall provide functional and visual links within the residential areas, mixed use area, and open space of the community and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (especially off-street bicycle or multi-use paths or bicycle lanes on the streets), control through traffic and promote safe and efficient mobility through the neighborhood. All TND transportation elements should be presented to the locality and VDOT for discussion and approval of unique features. 1. Pedestrian circulation. ..... Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided continuously throughout the TND. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides. The following provisions also apply: 1. Sidewalks in residential areas. ..... Clear and well-lighted sidewalks, five (5) feet in width, shall connect all dwelling entrances to the adjacent public sidewalk. 2. Sidewalks in mixed use areas. ..... Clear and well-lighted walkways shall connect building entrances to the adjacent public sidewalk and to associated parking areas. Such walkways shall be a minimum of five (5) feet in width. 3. Disabled accessibility. ..... Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act and VDOT standards. 4. Crosswalks. ..... Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well lit and clearly marked with contrasting paving materials at the edges or with striping. In addition, curb extensions shall be incorporated where pedestrian facilities intersect higher-volume streets within the development to protect parking areas and reduce pedestrian crossing times. 2. Bicycle circulation. ..... Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle multimodal paths and separate, striped, five-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width should be thirteen (13) feet and the bicycle travel lane shall be located between the vehicular travel lane and parking lane. 3. Public transit access. ..... Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance, and shall be well-lighted. 4. Motor vehicle circulation. ..... Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as "queuing streets," curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds. Arterial streets should not bisect a TND if pedestrian cross-access is not feasible. a. Street hierarchy. ..... Each street within a TND shall be classified according to section 5.9.5 of this ordinance. 5. Street layout. ..... The traditional neighborhood development should maintain the existing street grid, where present, and restore any disrupted street grid where feasible. In addition: i. Intersections shall be at right angles whenever possible, but in no case less than seventy (70) degrees. Low volume streets may form three-way intersections creating an inherent right- of-way assignment (the through street receives precedence) which significantly reduces accidents without the use of traffic controls. ii. Corner radii. The roadway edge at street intersections shall be rounded by a tangential arc with a radius of fifteen (15) feet for local streets where the receiving street is projected to have less than four hundred (400) vehicle trips per day, and twenty-five (25) feet for intersections involving collector or arterial streets. Any reduction or increase in the proposed corner radii shall be subject to the approval of VDOT. The intersection of a local street and an access lane or alley shall be rounded by a tangential arc with a maximum radius of ten (10) feet. iii. Curb cuts for driveways to individual residential lots shall be prohibited along collector and subcollector streets with residential access recommended from alleys only. Additionally, curb cuts shall be limited to intersections with other streets or access drives to parking areas for commercial, civic or multifamily residential uses. Clear sight triangles (twenty-five (25) feet x twenty-five (25) feet) or as approved by VDOT shall be maintained at intersections unless controlled by traffic signal devices. iv. The orientation of streets should enhance the visual impact of common open spaces and prominent buildings create lots that facilitate passive solar design, and minimize street gradients. All streets shall terminate at other streets or at public land, except local streets may terminate in stub streets when such streets act as connections to future phases of the development. Local streets may terminate other than at other streets or public land when there is a connection to the pedestrian and bicycle path network at the terminus. 6. Parking requirements. ..... Parking areas for shared or community use should be encouraged. The number of parking spaces shall be in accordance with the zoning ordinance requirements. In addition: a. In the mixed use area, any parking lot shall be located at the rear or side of a building. b. A parking lot may not be adjacent to or opposite a street intersection. c. A shared parking agreement must be established and approved by the zoning administrator prior to site plan approval. d. Parking lots or garages must provide not less than one (1) bicycle parking space for every ten (10) motor vehicle parking spaces. e. Paving. Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for areas such as remote parking lots and parking areas for periodic uses. 7. Guidelines for lighting. a. Street lighting shall be provided along all streets. Generally more, low-intensity lights, as opposed to fewer, high- intensity lights, should be used. Street lights shall be installed at all street intersections (including alleys), at the end of all cul-de-sac streets, and on both sides of a street, alternating from one side of the street to the other at intervals of three hundred (300) to four hundred (400) feet. Lights shall not exceed ten thousand (10,000) lumens and shall be directed downward and opaquely covered at the top. Regardless of type of fixture and bulb and illumination characteristics, street lighting design shall follow dark sky guidelines and principles. b. Exterior residential lighting shall be shielded and directed downward in order to reduce glare onto adjacent properties. c. All commercial lighting shall be in compliance with article 11 of the zoning ordinance. 8. Landscaping and screening standards. ..... Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas. Plant materials, specifications, installation and maintenance shall be in accordance with the zoning ordinance landscaping requirements. a. Street trees. ..... A minimum of one (1) deciduous canopy tree per forty (40) feet of street frontage per street side, shall be required. Trees can be clustered and do not need to be evenly spaced. Trees should be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. Adopted this 21st day of May, 2015 Rex W. Alphin, Chairman Attest: _________________________________ Carey Mills Storm, Clerk Approved as to Form: _________________________________ Mark Popovich County Attorney May 21, 2015/MCP ISSUE: Public Hearing - Voting District Boundary Adjustment BACKGROUND: The Isle of Wight County Board of Elections submitted a written request to the Board of Supervisors at its regular meeting of April 16, 2015, requesting revisions to the Isle of Wight election and precinct districts in order to alleviate certain anomalies. In order to effectuate the requested changes, the Board of Supervisors must hold a public hearing and officially revise Chapter 5 of the Isle of Wight County Code. BUDGETARY IMPACT: There is no budgetary impact. RECOMMENDATION: Adopt an Ordinance to Amend and Reenact Chapter 5. Elections. Article II. Election Districts, Sections 5-7 and 5-8, and Article III. Precinct, Section 5-12. of the Isle of Wight County Code ATTACHMENT: Proposed Ordinance Page 1 AN ORDINANCE TO AMEND AND REENACT THE ISLE OF WIGHT COUNTY CODE BY AMENDING AND REENACTING CHAPTER 5. ELECTIONS. ARTICLE II. ELECTION DISTRICTS. SECTIONS 5-7 AND 5-8. ARTICLE III. PRECINCTS. SECTION 5-12 WHEREAS, the Isle of Wight County Electoral Board has request certain revisions to the boundaries of Hardy and Carrsville Election Districts, with corresponding changes to the boundaries of the Pons and Zuni precincts therein, to alleviate a split precinct in the 14th and 18th Senatorial Districts; and WHEREAS, the Isle of Wight County Electoral Board has also requested certain revisions to the boundaries of the Windsor and Newport Election Districts, with corresponding changes to the boundaries of the Longview and Carrollton precincts therein, in order to prevent errors by making district lines more easily recognizable; and 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 make the requested changes as recommended by the Electoral Board; NOW, THEREFORE, BE IT ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 5. Elections. Article II. Election Districts, Section 5-7, Enumerated and Section 5-8, Boundaries, of the Isle of Wight County Code be amended and reenacted as follows: Sec. 5-7. - Enumerated. The election districts with populations set forth are as follows: Smithfield Election District 7,314 Newport Election District 7,312393 Hardy Election District 6,772 761 Windsor Election District 7,090009 Carrsville Election District 6,782793 Page 2 Sec. 5-8. - Boundaries. The boundaries of the respective election districts are as set forth below: (a) Carrsville election district. ..... Beginning at the intersection of U.S. Route 58 Business and the Blackwater River, the boundary line between Southampton County and Isle of Wight County; thence in a Southeasterly direction down the Blackwater River, along the boundary line between Southampton County and Isle of Wight County to the intersection of the boundary line with the boundary line of Isle of Wight County and the City of Suffolk; thence in a Northeasterly direction along the boundary line between Isle of Wight County and the City of Suffolk to the intersection of State Route 609 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Northeasterly direction along State Route 603 to the intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657 and the Antioch Swamp; thence in a Easterly direction for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along State Route 606 to the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 644; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and State Route 1301; thence in a Southeasterly direction along said private lane and continuing in Southeasterly direction until intersecting State Route 1302; thence in a Northeasterly direction along State Route 1302 to the intersection of State Route 1302 and State Route 637; thence in a Westerly direction along State Route 637 to the intersection of State Route 637 and State Route 649; thence in a Southwesterly direction along State Route 649 for approximately 0.6 miles to the intersection of State Route 649 and a private lane; thence in a Northwesterly direction along said private lane to the intersection of said private lane and State Route 650; thence in a Easterly direction along State Route 650 to the intersection of State Route 650 and State Route 637; thence in a Northwesterly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Westerly direction along State Route 625 to the intersection of State Route Page 3 625 and the run of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly direction along State Route 621 to the intersection of State Route 621 and State Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680 and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Route 626; thence in a Easterly direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run; thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 1620 to the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in a Southwesterly direction along the boundary line between Isle of Wight County and Surry County to the intersection of the boundary line between Isle of Wight County, Surry County and Southampton County; thence South along the boundary line of Isle of Wight County and Southampton County (Blackwater River) to the intersection of the boundary line of Isle of Wight County and Southampton County and U.S. Route 58 Business, the point of beginning. (b) Windsor election district. ..... Beginning at the intersection of State Route 609 and the boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Northeasterly direction along State Route 603 to the intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657 and Antioch Swamp; thence in a Easterly direction through Antioch Swamp for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along State Route 606 to the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 692; thence in a Easterly direction along State Route 692 to the intersection of State Route 692 and State Route 652; thence in a Northerly direction along State Route 652 to the intersection of State Route Page 4 652 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and Champion Swamp; thence in a Southeasterly direction along Champion Swamp to the intersection of Champion Swamp and State Route 692; thence in a Northeasterly direction along State Route 692 to the intersection of State Route 692 and State Route 654; thence in a Southeasterly direction along State Route 654 to the intersection of State Route 654 and State Route 600; thence in a Easterly direction along State Route 600 for approximately 1.0 miles to the intersection of State Route 600 and a private farm lane; thence in a Northerly direction along said private farm lane for approximately 0.63 miles to the intersection of said private farm lane and electrical transmission lines; thence in a Northwesterly direction along electrical transmission lines for approximately 3.3 miles to an intersection of said electrical transmission lines and a private lane; then in a Northeasterly direction along said private lane to the intersection of said private lane and State Route 620 between 16030 Scott's Factory Road and 16034 Scott's Factory Road; thence in a Southeasterly direction along State Route 620 to the intersection of State Route 620 and State Route 655; thence in a Northerly direction along State Route 655 to the intersection of State Route 655 and the Town of Smithfield corporate limit; thence in a Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and U.S. Route 258; thence in a Northwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and Canteberry Lane; thence in a Easterly direction along Canteberry Lane to its terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate limit of the Town of Smithfield to its intersection with State Route 669; thence in a Southeasterly direction along State Route 669 to the intersection of State Route 669 and Jones Creek; thence in a Northeasterly direction along Jones Creek for approximately 0.4 miles; thence South between 12182 Waterview Trail and 12177 Waterview Trail continuing along Waterview Trail to the intersection of Waterview Trail and State Route 669; thence Southeast along State Route 669 to the intersection of State Route 669 and State Route 668; thence in a Northeasterly direction along State Route 668 to the intersection of State Route 668 and Titus Creek; thence in a Southeasterly direction along Titus Creek for approximately 0.22 miles; thence in a Southwesterly direction between 24 Titus Creek Lane and 23 Titus Creek Lane continuing along State Route 2030 to the intersection of State Route 2030 and State Route 669; thence in a Southerly direction along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and State Route 670; thence in a Southerly direction along State Route 670 to the intersection of State Route 670 and State Route 711; thence in a Southerly direction along State Route 711 to the intersection of State Route 711 and U.S. Route 258; thence in a Easterly direction along U.S. Route 258 for approximately 0.44 miles to electrical transmission lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and said private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55 miles; thence in a Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers Page 5 Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line between Isle of Wight County and the City of Suffolk to the intersection of the boundary line between Isle of Wight County and the City of Suffolk and State Route 609, the point of beginning. (c) Newport election district. ..... Beginning at the intersection of State Route 669 and the corporate limit of the Town of Smithfield; thence in a Southeasterly direction along State Route 669 to the intersection of State Route 669 and Jones Creek; thence in a Northeasterly direction along Jones Creek for approximately 0.4 miles; thence South between 12182 Waterview Trail and 12177 Waterview Trail continuing along Waterview Trail to the intersection of Waterview Trail and State Route 669; thence Southeast along State Route 669 to the intersection of State Route 669 and State Route 668; thence in a Northeasterly direction along State Route 668 to the intersection of State Route 668 and Titus Creek; thence in a Southeasterly direction along Titus Creek for approximately 0.22 miles; thence in a Southwesterly direction between 24 Titus Creek Lane and 23 Titus Creek Lane continuing along State Route 2030 to the intersection of State Route 2030 and State Route 669; thence in a Southerly direction along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and State Route 670; thence in a Southerly direction along State Route 670 to the intersection of State Route 670 and State Route 711; thence in a Southerly direction along State Route 711 to the intersection of State Route 711 and U.S. Route 258; thence in a Easterly direction along U.S. Route 258 for approximately 0.44 miles to electrical transmission lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55 miles; thence in a Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Northeasterly direction along the boundary line of Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and the City of Newport News; thence in a Northwesterly direction along the boundary line of Isle of Wight County and the City of Newport News for approximately 7.6 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Southerly direction to intersect with State Route 1001; thence in a Easterly direction along State Route 1001 to the intersection of State Route 1001 and State Route 704; thence in a Southerly direction along State Route 704 to the intersection of State Route 704 and State Route 669, the point of beginning. (d) Smithfield election district. ..... Beginning at the intersection of the Southern boundary line of the corporate limit of the Town of Smithfield and State Route 10; thence in a Northwesterly direction along State Route 10 to the intersection of State Route 10 and Canteberry Lane; thence in a Easterly direction along Canteberry Lane to its terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with Page 6 the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate limit of the Town of Smithfield to the Northern boundary of the corporate of limit of the Town of Smithfield and State Route 704; thence in a Northerly direction along State Route 704 to the intersection of State Route 704 and State Route 1001; thence in a Northerly direction along State Route 1001 to the center point of the Pagan River; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence Northwesterly along Williams Creek for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said private wood trail and a private paved airfield runway (FAA 31VA); thence in a Northerly direction along said private paved airfield runway (FAA 31VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673; thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route 672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route 674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for approximately 1.03 miles; thence in a Westerly direction between 103 Washington Street and 106 Washington Street to connect with Washington Street to the intersection of Washington Street and North Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in Southwesterly direction along Little Creek to the intersection of Little Creek and the corporate limit of the Town of Smithfield; thence in a Southeasterly and Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and State Route 10, the point of beginning. (e) Hardy election district. ..... Beginning at the intersection of State Route 644 and U.S. Route 258; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and State Route 1301; thence Page 7 in a Southeasterly direction along said private lane and continuing in Southeasterly direction until intersecting State Route 1302; thence in a Northeasterly direction along State Route 1302 to the intersection of State Route 1302 and State Route 637; thence in a Westerly direction along State Route 637 to the intersection of State Route 637 and State Route 649; thence in a Southwesterly direction along State Route 649 for approximately 0.6 miles to the intersection of State Route 649 and a private lane; thence in a Northwesterly direction along said private lane to the intersection of said private lane and State Route 650; thence in a Easterly direction along State Route 650 to the intersection of State Route 650 and State Route 637; thence in a Northwesterly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Northerly direction along State Route 625 to the intersection of State Route 625 and the run of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly direction along State Route 621 to the intersection of State Route 621 and State Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680 and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Route 626; thence in a Easterly direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run; thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 1620 to the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in a Northerly direction along the boundary line of Isle of Wight County and Surry County to the intersection of the boundary line of Isle of Wight County, Surry County, James City County and the City of Newport News; thence in a Southerly direction along the boundary line between Isle of Wight County and the City of Newport News for approximately 11.4 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence Northwesterly along Williams Creek Page 8 for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said private wood trail and a private paved airfield runway (FAA 31VA); thence in a Northerly direction along said private paved airfield runway (FAA 31VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673; thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route 672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route 674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for approximately 1.03 miles; thence in a Westerly direction between 103 Washington Street and 106 Washington Street to connect with Washington Street to the intersection of Washington Street and North Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in Southwesterly direction along Little Creek to the intersection of Little Creek and the corporate limit of the Town of Smithfield; thence in a Southerly direction along the corporate limit of the Town of Smithfield (Great Springs Road) to the intersection of the corporate limit of the Town of Smithfield and State Route 655; thence in a Southerly direction along State Route 655 to the intersection of State Route 655 and State Route 620; in a Northwesterly direction along State Route 620 to the intersection of State Route 620 and State Route 1210; thence in a Southerly direction along a private lane between 16030 Scotts Factory Road and 16034 Scotts Factory Road to the intersection of said private lane and electrical transmission lines; thence in a Southeasterly direction along electrical transmission lines for approximately 3.3 miles to the intersection of said electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 600; thence in a Westerly direction along State Route 600 to the intersection of State Route 600 and State Route 654; thence in a Northwesterly direction along State Route 654 to the intersection of State Route 654 and State Route 692; thence in a Page 9 Southwesterly direction along State Route 692 to the intersection of State Route 692 and the run of Champion Swamp; thence in a Northwesterly direction along the run of Champion Swamp to the intersection of the run and U.S. Route 258; thence in a Southerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 652; thence in a Southeasterly direction along State Route 652 to the intersection of State Route 652 and State Route 692; thence in a Westerly direction along State Route 692 to the intersection of State Route 692 and U.S. Route 258; thence in a Southwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 644, the point of beginning. (6-24-71, § 3; 5-20-81, § 3; 4-25-91, § 3; 5-3-01, § 3; Ord. No. 2011-7-C, 4-21-11.) NOW, THEREFORE, BE IT FURTHER ORDAINED by the Isle of Wight County Board of Supervisors that Chapter 5. Elections. Article III. Precincts, Section 5-12, Boundaries, of the Isle of Wight County Code be amended and reenacted as follows: Sec. 5-12. - Boundaries. The boundaries of the respective precincts are as set forth below: (a) Carrsville election district. (1) Camps Mill precinct. ..... Beginning at the intersection of U.S. Route 58 Business and the Blackwater River, the boundary line between the County of Southampton and the County of Isle of Wight; thence in a Southeasterly direction along the Blackwater River, the boundary line between the County of Isle of Wight and the County of Southampton, to the intersection of the boundary line with the boundary line of the County of Isle of Wight and the City of Suffolk; thence in a Northeasterly direction along the boundary line between the County of Isle of Wight and the City of Suffolk to the intersection of the boundary line of the County of Isle of Wight and the City of Suffolk with State Route 615; thence in a Northerly direction along State Route 615 to the intersection of State Route 615 and U.S. Route 58 Business; thence in a Southwesterly direction along U.S. Route 58 Business to the intersection of U.S. Route 58 Business and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 611; thence in a Westerly direction along State Route 611 to the intersection of State Route 611 and the Blackwater River, the boundary line between the County of Isle of Wight and the County of Southampton; thence in a Southerly direction along the Blackwater River to the intersection of the Blackwater River and U.S. Route 58 Business, the point of beginning. (2) Carrsville precinct. ..... Beginning at the intersection of U.S. Route 258 and U.S. Route 58 Business; thence in a Northeasterly direction along U.S. Route 58 Business to the intersection of U.S. Route 58 Business and State Route 615; thence in a Southerly direction along State Route 615 to the intersection of State Route 615 and the boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northeasterly direction along the boundary line between the County of Isle of Wight and the City of Suffolk to the intersection of the boundary Page 10 line of the County of Isle of Wight and the City of Suffolk and State Route 610; thence in a Northerly direction along State Route 610 to the intersection of State Route 610 and State Route 687; thence in a Southwesterly direction along State Route 687 to the intersection of State Route 687 and State Route 611; thence in a Westerly direction along State Route 611 to the intersection of State Route 611 and U.S. Route 258; thence in a Southerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and U.S. Route 58 Business, the point of beginning. (3) Walters precinct. ..... Beginning at the intersection of State Route 611 and the Blackwater River, at the boundary line between the County of Southampton and the County of Isle of Wight; thence in an Easterly direction along State Route 611 to the intersection of State Route 611 and State Route 687; thence in a Northeasterly direction along State Route 687 to the intersection of State Route 687 and State Route 610; thence in a Southeasterly direction along State Route 610 to the intersection of State Route 610 and the boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northeasterly direction along the boundary line between the County of Isle of Wight and the City of Suffolk to the intersection of the boundary line and State Route 609; thence in a Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Westerly direction along State Route 603 to the intersection of State Route 603 and the Blackwater River, the boundary line between the County of Isle of Wight and the county of Southampton; thence in a Southwesterly direction along the Blackwater River to the intersection of the Blackwater River and State Route 611, the point of beginning. (4) Zuni precinct. ..... Beginning at the intersection of State Route 603 and the Blackwater River, the boundary line between the County of Southampton and the County of Isle of Wight; thence in a Northeasterly direction along State Route 603 to the intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657 and Antioch Swamp; thence in a Easterly direction through Antioch Swamp for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along State Route 606 to the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 644; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and State Route 1301; thence in a Southeasterly direction along said private lane and continuing in Southeasterly direction until intersecting State Route 1302; thence in a Northeasterly direction along State Route 1302 to the intersection of State Route Page 11 1302 and State Route 637; thence in a Westerly direction along State Route 637 to the intersection of State Route 637 and State Route 649; thence in a Southwesterly direction along State Route 649 for approximately 0.6 miles to the intersection of State Route 649 and a private lane; thence in a Northwesterly direction along said private lane to the intersection of said private lane and State Route 650; thence in a Westerly and Southwesterly direction along State Route 650 to the intersection of State Route 650 and State Route 646; thence in a Northwesterly direction along State Route 646 and the intersection of State Route 646 and State Route 620; thence in a Westerly direction to the intersection of State Route 620 and the Blackwater River, thence in a southerly direction along the Blackwater River to the intersection of the Blackwater River with State Route 603, the point of beginning. (5) Raynor precinct. ..... Beginning at the intersection of State Route 620 and the Blackwater River; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and State Route 646; thence in a Southeasterly direction along State Route 646 to the intersection of State Route 646 and State Route 650; thence in a Northeasterly direction along State Route 650, to the intersection of State Route 650 and State Route 637; thence in a Northwesterly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Northerly direction along State Route 625 to the intersection of State Route 625 and the run of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly direction along State Route 621 to the intersection of State Route 621 and State Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680 and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Route 626; thence in a Easterly direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run; thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 1620 to the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Page 12 Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in a Southwesterly direction along the boundary line of Isle of Wight County and Surry County to the intersection of the boundary line of Isle of Wight County, Surry County and Southampton (Blackwater River); thence in Southerly direction along the boundary line of Isle of Wight County and Southampton County to the intersection of the boundary line of Isle of Wight County and Southampton County and State Route 620, the point of beginning. (b) Windsor election district. (1) Windsor precinct. ..... Beginning at the intersection of State Route 609 and the boundary line between the County of Isle of Wight and the City of Suffolk; thence in a Northwesterly direction along State Route 609 to the intersection of State Route 609 and State Route 603; thence in a Northeasterly direction along State Route 603 to the intersection of State Route 603 and State Route 657; thence in a Northerly direction along State Route 657 to the intersection of State Route 657 and Antioch Swamp; thence in a Easterly direction through Antioch Swamp for approximately 0.2 miles to the railroad track; thence in a Southeasterly direction for approximately 1.3 miles along the railroad track to a point between 9572 West Windsor Boulevard and 9608 West Windsor Boulevard; thence in a Northeasterly direction to intersect U.S. Route 460; thence in a Northwesterly direction along U.S. Route 460 to the intersection of U.S. Route 460 and State Route 646; thence in a Northerly direction along State Route 646 to the intersection of State Route 646 and State Route 638; thence in a Northeasterly direction along State Route 638 to the intersection of State Route 638 and State Route 606; thence in a Easterly direction along State Route 606 to the intersection of State Route 606 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line of Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and the City of Suffolk and Route 606, the point of beginning. (2) Courthouse precinct. ..... Beginning at the intersection of State Route 606 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 692; thence in a Easterly direction along State Route 692 to the intersection of State Route 692 and State Route 652; thence in a Northerly direction along State Route 652 to the intersection of State Route 652 and U.S. Route 258; thence in a Northerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and Champion Swamp; thence in a Southeasterly direction along Champion Swamp to the intersection of Champion Swamp and State Route 692; thence in a Northeasterly direction along State Route 692 to the intersection of State Route 692 and State Route 654; thence in a Southeasterly direction along State Route 654 to the intersection of State Route 654 and State Route 600; thence in a Easterly direction on State Route 600 to the intersection of State Route 600 and State Route 602; thence in a Southerly direction along State Route 602 to the intersection of State Route 602 and State Route 600; thence in a Southeasterly direction along State Route 600 to the intersection of State Route 600 Page 13 and State Route 10; thence in a Southerly direction along State Route 10 to the intersection of State Route 10 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line of Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and the City of Suffolk and State Route 606; thence in a Westerly direction along State Route 606 to the intersection of State Route 606 and U.S. Route 258, the point of beginning. (3) Longview precinct. ..... Beginning at the intersection of State Route 10 and the boundary line of Isle of Wight County and the City of Suffolk; thence in a Northerly direction along State Route 10 to the intersection of State Route 10 and State Route 600; thence in a Westerly direction along State Route 600 to the intersection of State Route 600 and State Route 602; thence in a Northerly direction along State Route 602 to the intersection of State Route 602 and State Route 600; thence in a Northwesterly direction along State Route 600 for approximately 0.9 miles to the intersection of State Route 600 and a private farm lane; thence in a Northerly direction along said private farm lane for approximately 0.63 miles to the intersection of said private farm lane and electrical transmission lines; thence in a Northwesterly direction along electrical transmission lines for approximately 3.3 miles to an intersection of said electrical transmission lines and a private lane; then in a Northeasterly direction along said private lane to the intersection of said private lane and State Route 620 between 16030 Scott's Factory Road and 16034 Scott's Factory Road; thence in a Southeasterly direction along State Route 620 to the intersection of State Route 620 and State Route 655; thence in a Northerly direction along State Route 655 to the intersection of State Route 655 and the Town of Smithfield corporate limit; thence in a Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and U.S. Route 258; thence in a Northwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and Canteberry Lane; thence in a Easterly direction along Canteberry Lane to its terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate limit of the Town of Smithfield to its intersection with State Route 669; thence in a Southeasterly direction along State Route 669 to the intersection of State Route 669 and Jones Creek; thence in a Northeasterly direction along Jones Creek for approximately 0.4 miles; thence South between 12182 Waterview Trail and 12177 Waterview Trail continuing along Waterview Trail to the intersection of Waterview Trail and State Route 669; thence Southeast along State Route 669 to the intersection of State Route 669 and State Route 668; thence in a Northeasterly direction along State Route 668 to the intersection of State Route 668 and Titus Creek; thence in a Southeasterly direction along Titus Creek for approximately 0.22 miles; thence in a Southwesterly direction between 24 Titus Creek Lane and 23 Titus Creek Lane continuing along State Route 2030 to the intersection of State Route 2030 and State Route 669; thence in a Southerly direction along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and State Route 670; thence in a Southerly direction along State Route 670 to the Page 14 intersection of State Route 670 and State Route 711; thence in a Southerly direction along State Route 711 to the intersection of State Route 711 and U.S. Route 258; thence in a Easterly direction along U.S. Route 258 for approximately 0.44 miles to electrical transmission lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55 miles; thence in a Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Southwesterly direction along the boundary line between Isle of Wight County and the City of Suffolk to the intersection of the boundary line between Isle of Wight County and the City of Suffolk and State Route 10, the point of beginning. (c) Hardy election district. (1) Pons precinct. ..... Beginning at the intersection of U.S. Route 258 and State Route 644; thence in a Westerly direction along State Route 644 to the intersection of State Route 644 and State Route 647; thence in a Northerly direction along State Route 647 to a private lane at the intersection of State Route 647 and State Route 1301; thence in a Southeasterly direction along said private lane and continuing in Southeasterly direction until intersecting State Route 1302; thence in a Northeasterly direction along State Route 1302 to the intersection of State Route 1302 and State Route 637; thence in a Westerly direction along State Route 637 to the intersection of State Route 637 and State Route 649; thence in a Southwesterly direction along State Route 649 for approximately 0.6 miles to the intersection of State Route 649 and a private lane; thence in a Northwesterly direction along said private lane to the intersection of said private lane and State Route 650; thence in a Easterly direction along State Route 650 to the intersection of State Route 650 and State Route 637; thence in a Northwesterly direction along State Route 637 to the intersection of State Route 637 and State Route 620; thence in a Northeasterly direction along State Route 620 to the intersection of State Route 620 and electrical transmission lines located approximately 0.13 miles Northeast of 10331 Foursquare Road; thence in a Northerly direction along said electrical transmission lines to the intersection of said electrical transmission lines and State Route 682; thence in a Southwesterly direction along State Route 682 to the intersection of State Route 682 and State Route 681; thence in a Northerly direction along State Route 681 to the intersection of State Route 681 and State Route 625; thence in a Westerly direction along State Route 625 to the intersection of State Route 625 and the run of Pouches Swamp; thence in a Northerly direction along the run of Pouches Swamp to the intersection of the run and State Route 621; thence in a Easterly direction along State Route 621 to the intersection of State Route 621 and State Route 680; thence in a Southeasterly direction along State Route 680 to the intersection of State Route 680 and State Route 681; thence in a Northeasterly direction along State Route 681 to the intersection of State Route 681 and State Page 15 Route 626; thence in a Easterly direction along State Route 626 to the intersection of State Route 626 and State Route 678; thence in a Northeasterly direction along State Route 678 to the intersection of State Route 678 and a private lane at 13446 Bethany Church Road; thence in a Southerly direction along said private lane and wood line for approximately 0.35 miles to the intersection of said private lane/wood line and the headwaters of Canal Run; thence in a Southeasterly direction along Canal Run to the intersection of Canal Run and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 0.15 miles to the intersection of said gas pipeline and State Route 1620; thence in a Easterly direction along State Route 1620 to the intersection of State Route 1620 and State Route 677; thence in a Southerly direction along State Route 677 to the intersection of State Route 677 and State Route 626; thence in a Southeasterly direction along State Route 626 and continuing on Carey Street to the over pass of Carey Street and State Route 10; thence in a Southerly direction along State Route 10 to the intersection of State Route 10 and Little Creek; thence in a Southwesterly direction along Little Creek to the intersection of Little Creek and Great Spring Road (State Route 655); thence in a Southeasterly direction along Great Spring Road (State Route 655) to the intersection of Great Spring Road (State Route 655) and State Route 620; thence in a Northwesterly direction along State Route 620 to the intersection of State Route 620 and State Route 1210; thence in a Southerly direction along a private lane between 16030 Scotts Factory Road and 16034 Scotts Factory Road to the intersection of said private lane and electrical transmission lines; thence in a Southeasterly direction along electrical transmission lines for approximately 3.3 miles to the intersection of said electrical transmission lines and a private farm lane; thence in a Southerly direction along said private farm lane to the intersection of the private farm lane and State Route 600; thence in a Westerly direction along State Route 600 to the intersection of State Route 600 and State Route 654; thence in a Northwesterly direction along State Route 654 to the intersection of State Route 654 and State Route 692; thence in a Southwesterly direction along State Route 692 to the intersection of State Route 692 and the run of Champion Swamp; thence in a Northwesterly direction along the run of Champion Swamp to the intersection of the run and U.S. Route 258; thence in a Southerly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 652; thence in a Southeasterly direction along State Route 652 to the intersection of State Route 652 and State Route 692; thence in a Westerly direction along State Route 692 to the intersection of State Route 692 and U.S. Route 258; thence in a Southwesterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and State Route 644, the point of beginning. (2) Rushmere precinct. ..... Beginning at the intersection of State Route 1620 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 673; thence in a Westerly direction along State Route 673 for a distance of approximately 1.1 miles to the intersection of State Route 673 and a gas pipeline; thence in a Northerly direction along said gas pipeline for a distance of approximately 2.6 miles to the intersection of said gas pipeline and the boundary line of Isle of Wight County and Surry County; thence in a Northerly direction along the boundary line of Isle of Wight County and Surry Page 16 County to the intersection of the boundary line of Isle of Wight County, Surry County, James City County and the City of Newport News; thence in a Southerly direction along the boundary line between Isle of Wight County and the City of Newport News for approximately 11.4 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence Northwesterly along Williams Creek for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said private wood trail and a private paved airfield runway (FAA 31VA); thence in a Northerly direction along said private paved airfield runway (FAA 31VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673; thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route 672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route 674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for approximately 1.03 miles; thence in a Westerly direction between 103 Washington Street and 106 Washington Street to connect with Washington Street to the intersection of Washington Street and North Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in a Southwesterly direction along Little Creek to the intersection of Little Creek and State Route 10 Bypass; thence in a Northerly direction along State Route 10 Bypass to the intersection of the State Route 10 Bypass and Carey Street overpass; thence in a Northwesterly direction along Carey Street (State Route 626) to the intersection of State Route 626 and State Route 677; thence in a Northerly direction along State Route 677 to the intersection of State Route 677 and State Route 1620, the point of beginning. Page 17 (d) Smithfield election district. (1) Smithfield precinct. ..... Beginning at the intersection of Battery Park Road and the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate of limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and State Route 704; thence in a Northerly direction along State Route 704 to the intersection of State Route 704 and State Route 1001; thence in a Northerly direction along State Route 1001 to the center point of the Pagan River; thence in a Northwesterly direction along the shoreline to the mouth of Williams Creek; thence Northwesterly along Williams Creek for approximately 0.64 miles; thence in a Northerly direction along a private wood trail to the intersection of said private wood trail and a private paved airfield runway (FAA 31VA); thence in a Northerly direction along said private paved airfield runway (FAA 31VA) for approximately 0.63 miles; thence in a Northwesterly direction along a private road to the intersection of said private road and Farm Road; thence in a Northwesterly direction along Farm Road to the intersection of Farm Road and State Route 673; thence in a Northwesterly direction along State Route 673 to the intersection of State Route 673 and State Route 672; thence in Southerly direction along State Route 672 to the intersection of State Route 672 and State Route 1405; thence in a Westerly direction along State Route 1405 to the intersection of State Route 1405 and the shoreline of Tormentor Lake; thence in a Westerly direction along the shoreline of Tormentor Lake and continuing along the North shoreline of Tormentor Lake for approximately 0.62 miles; thence in an overall Southerly direction along the Western shoreline of Tormentor Lake to intersect with State Route 673; thence in a Westerly direction along State Route 673 to the intersection of State Route 673 and State Route 674; thence in Southerly direction along State Route 674 to the intersection of State Route 674 and State Route 10 (Old Stage Highway); thence in a Southerly direction along State Route 10 (Old Stage Highway) to the intersection of State Route 10 (Old Stage Highway), the corporate limit of the Town of Smithfield and State Route 10 Business; thence in a Southerly direction along State Route 10 Business for approximately 1.03 miles; thence in a Westerly direction between 103 Washington Street and 106 Washington Street to connect with Washington Street to the intersection of Washington Street and North Mason Street; thence in a Southeasterly direction along North Mason Street to the intersection of North Mason Street and U.S. 258 (ALT); thence in a Southwesterly direction along U.S. 258 (ALT) to the intersection of U.S. 258 (ALT) and U.S. 258 Business; thence in a Northeasterly direction along U.S. 258 Business to the intersection of U.S. 258 Business and Underwood Lane; thence in a Southeasterly direction along Underwood Lane to the intersection of Underwood Lane and Cedar Street; thence in a Northeasterly direction along Cedar Street to the intersection of Cedar Street and Drummonds Lane; thence in a Southeasterly direction along Drummonds Lane and continuing to the center point of Little Creek; thence in a Northeasterly direction along Little Creek to the intersection of Little Creek and Cypress Creek; thence in a Northerly direction along Cypress Creek to the intersection of Cypress Creek and South Church Street (U.S. Route 258 Business); thence in Southeasterly direction along South Church Street (U.S. Route 258 Business) to the intersection of South Church Page 18 Street (U.S. Route 258 Business) and Battery Park Road; thence in a Easterly direction along Battery Park Road to the intersection of Battery Park Road and the corporate limit of the Town of Smithfield, the point of beginning. (2) Cypress Creek precinct. ..... Beginning at the intersection of the Southern boundary line of the corporate limit of the Town of Smithfield and State Route 10; thence in a Northwesterly direction along State Route 10 to the intersection of State Route 10 and Canteberry Lane; thence in a Easterly direction along Canteberry Lane to its terminus and continuing between 916 Canteberry Lane and 917 Canteberry Lane to intersect with the corporate limit of the Town of Smithfield; thence in a Northerly direction along the corporate limit of the Town of Smithfield to the Northern boundary of the corporate of limit of the Town of Smithfield and Battery Park Road; thence in a Westerly direction along Battery Park Road to the intersection of Battery Park Road and South Church Street (U.S. Route 258 Business); thence in a Northwesterly direction along South Church Street (U.S. Route 258 Business) to the intersection of South Church Street (U.S. Route 258 Business) and Cypress Creek; thence in a Southerly direction along Cypress Creek for approximately 0.15 miles to the intersection of Cypress Creek and Little Creek; thence in a Southwesterly direction along Little Creek to the intersection of Little Creek and corporate limit of the Town of Smithfield (Great Spring Road); thence in a Southerly and Easterly direction along the corporate limit of the Town of Smithfield to the intersection of the corporate limit of the Town of Smithfield and State Route 10, the point of beginning. (e) Newport election district. (1) Carrollton precinct. ..... Beginning at the intersection of State Route 711 and U.S. Route 258; thence in a Easterly direction along U.S. Route 258 to the intersection of U.S. Route 258 and U.S. Route 17; thence in a Northeasterly direction along U.S. Route 17 to the intersection of U.S. Route 17 and the boundary line between Isle of Wight County and the City of Newport News; thence in a Northwesterly direction along the boundary line between Isle of Wight County and the City of Newport News for approximately 3.7 miles; thence in a Southwesterly direction towards the mouth of the Pagan River for approximately 3.0 miles; thence in a Southerly direction to intersect with State Route 1001; thence in a Easterly direction along State Route 1001 to the intersection of State Route 1001 and State Route 704; thence in a Southerly direction along State Route 704 to the intersection of State Route 704 and State Route 669; thence in a Southeasterly direction along State Route 669 to the intersection of State Route 669 and Jones Creek; thence in a Northeasterly direction along Jones Creek for approximately 0.4 miles; thence South between 12182 Waterview Trail and 12177 Waterview Trail continuing along Waterview Trail to the intersection of Waterview Trail and State Route 669; thence Southeast along State Route 669 to the intersection of State Route 669 and State Route 668; thence in a Northeasterly direction along State Route 668 to the intersection of State Route 668 and Titus Creek; thence in a Southeasterly direction along Titus Creek for approximately 0.22 miles; thence in a Southwesterly direction between 24 Titus Creek Lane and 23 Titus Creek Lane continuing along State Route 2030 to the intersection of State Route 2030 and State Route 669; Page 19 thence in a Southerly direction along State Route 669 to the intersection of State Route 669 and State Route 665; thence in a Westerly direction along State Route 665 to the intersection of State Route 665 and State Route 670; thence in a Southerly direction along State Route 670 to the intersection of State Route 670 and State Route 711; thence in a Southerly direction along State Route 711 to the intersection of State Route 711 and U.S. Route 258, the point of beginning. (2) Bartlett precinct. ..... Beginning at the intersection of U.S. Route 258 and U.S. Route 17; thence in a Westerly direction along U.S. Route 258 for approximately 0.7 miles to the intersection of U.S. Route 258 and electrical transmission lines; thence in a Southwesterly direction along electrical transmission lines for a distance of 1.4 miles to the intersection of the electrical transmission lines and a private farm lane; thence in a Southerly direction along a private farm lane to the intersection of the private farm lane and State Route 620; thence in a Southeasterly direction along State Route 620 for approximately 0.55 miles; thence in a Northeasterly direction along an unnamed/abandoned residential lane to the center point of Brewers Creek; thence in a Easterly direction along Brewers Creek to the boundary line between Isle of Wight County and the City of Suffolk; thence in a Northeasterly direction along the boundary line of Isle of Wight County and the City of Suffolk to the intersection of the boundary line of Isle of Wight County and the City of Newport News; thence in a Northwesterly direction along the boundary line of Isle of Wight County and the City of Newport News for approximately 4.0 miles to the intersection of the boundary line between Isle of Wight County and the City of Newport News and U.S. Route 17; thence in a Southwesterly direction along U.S. Route 17 to the intersection of U.S. Route 17 and U.S. Route 258, the point of beginning. (6-24-71, § 3; 5-20-81, § 3; 12-2-82; 4-25-91, § 3; 8-18-94; 5-13-01, § 3; 12-5-08; Ord. No. 2011-7-C, 4-21-11.) Adopted this 21st day of May, 2015. Rex Alphin, Chairman Attest: Carey Mills Storm, Clerk Approved as to Form: Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0", Don't adjust space between Latin and Asian text Formatted: Superscript Formatted: Indent: Left: 0", First line: 0" Page 20 Mark C. Popovich, County Attorney May 21, 2015/MCP/ Sale of Public Property - Ennisdale ISSUE: Public Hearing – Ennisdale Property Sale BACKGROUND: The County obtained ownership of two (2) parcels of property in the Ennisdale subdivision in 1991 as a result of a Circuit Court action and subsequent order. The property has sat idle and has not been considered viable for any designated public use. In February, 2015, an offer to purchase was received by staff as a result of efforts initiated by the Board of Supervisors to dispose of certain publicly held property for revenue generation purposes. After negotiating the terms of sale, a final purchase price of $55,000 has been agreed to by the prospective buyer. BUDGETARY IMPACT: Sale of this property will result in the generation of an additional $55,000 of revenue. RECOMMENDATION: Following the public hearing, adopt a motion authorizing the Chairman, County Administrator and/or County Attorney to execute any and all documents necessary to effectuate the sale of the property as presented. ATTACHMENT: Proposed Deed of Bargain and Sale DEED OF BARGAIN AND SALE CONSIDERATION: $55,000.00 GRANTEE'S ADDRESS: 14420 Bradbys Lane Smithfield, Virginia 23430 THIS INSTRUMENT PREPARED BY: Mark C. Popovich County Attorney P. O. Box 80 Isle of Wight, VA 23397 Tax Map # 06H-01-032 THIS DEED OF BARGAIN AND SALE, made and entered into this __ day of ________________, 2015, by and between ISLE OF WIGHT COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, party of the first part, Grantor, and JOHN B. HOLT, JR. and MARCY R. HOLT, husband and wife, party of the second part, Grantee, whose principal address is 14420 Bradbys Lane, Smithfield, Virginia 23430. WITNESSETH: WHEREAS, by motion duly adopted by the Board of Supervisors of Isle of Wight County at the regularly scheduled public meeting held on May 21, 2015, following the public hearing duly held on the sale of the hereinafter described tract of land to the Grantee, the Board of Supervisors of Isle of Wight County did approve the sale of the hereinafter described land to the Grantee. NOW, THEREFORE, for and in consideration of the sum of Fifty-Five Thousand Hundred Dollars ($55,000.00) cash in hand paid, the receipt of which is hereby acknowledged by the Grantor, the Grantor does hereby grant, bargain, sell, and convey with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the Grantee, the following described real estate, to-wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. Together with all and singular the buildings and improvements, thereon, the rights and privileges, tenements, hereditaments, easements and appurtenances unto the said land belonging or in anywise appertaining. This conveyance is made subject to any easements, restrictions, and reservations contained in duly recorded deeds, plats and other instruments constituting constructive 2 notice in the chain of title, which have not expired by a time limitation contained therein or have otherwise become ineffective, and to matters visible upon inspection. IN WITNESS WHEREOF, the Board of Supervisors of Isle of Wight County, Virginia, pursuant to a motion duly adopted on May 21, 2015, has caused Rex Alphin, Chairman of the Board of Supervisors to affix his signature and seal hereto: BOARD OF SUPERVISORS ISLE OF WIGHT COUNTY, VIRGINIA Rex Alphin, Chairman STATE OF VIRGINIA, COUNTY OF ISLE OF WIGHT, to-wit: The foregoing instrument was acknowledged before me this _____ day of ________________________, 2015, by Rex Alphin, Chairman, on behalf of the Isle of Wight County Board of Supervisors. My commission expires: __________________. ____________________________________ Notary Public Attest: Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich County Attorney for Isle of Wight County, Virginia 3 EXHIBIT A All of that certain tract, piece or parcel of land situate, lying and being in the Hardy Magisterial District, Isle of Wight County, Virginia, designated as Lots 27, Lot 32 and Lot 34 as shown on that certain plat of survey entitled “ENNISDALE FARMS, HARDY MAGISTERIAL DISTRICT, ISLE OF WIGHT COUNTY, VIRGINIA” made by J. Edward Brown, Certified Land Surveyor, dated March 3, 1978, and recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia, in Plat Book 8, Pages 56 and 57, to which plat reference is here made. It being part of the same property conveyed to COUNTY OF ISLE OF WIGHT, a political subdivision of the Commonwealth of Virginia by deed dated August 22, 1991 from PAUL N. CARRITHERS, INCORPORATED, a Virginia corporation, said deed being recorded in the aforesaid Clerk’s Office on June 29, 1992 in Deed Book 399, Page 612. ISSUE: Staff Report – Bond Refunding and Financing Opportunities BACKGROUND: As a result of the recent decline in interest rates, the County’s financial advisor, Davenport & Company LLC, has recommended that the County explore bond refunding and financing opportunities. James Sanderson with Davenport & Company LLC will provide the Board with a presentation regarding the aforementioned opportunities. BUDGETARY IMPACT: None RECOMMENDATION: Adopt the attached resolution providing for the refunding of general obligation bonds. ATTACHMENTS: Resolution The undersigned Clerk of the Board of Supervisors (the “Board”) of Isle of Wight County, Virginia (the “County”), certifies as follows: 1. A regular meeting of the Board was held on the 21st PRESENT: [Rex Alphin day of May, 2015, at the time and place established by the Board for such meetings in accordance with Section 15.2-1416 of the Code of Virginia of 1950, as amended, at which the following members were present and absent during the voting on the resolution referred to below: Byron B. Bailey Alan E. Casteen Delores M. Darden Rudolph Jefferson] ABSENT: [None] 2. A resolution entitled “Resolution Providing for the Issuance, Sale and Award of General Obligation Public Improvement Refunding Bonds, Series 2015, of Isle of Wight County, Virginia, in a Principal Amount Not to Exceed $18,000,000, Providing for the Form, Details and Payment Thereof, and Providing for the Refunding of Certain General Obligation Bonds of the County” was duly adopted at a regular meeting held on May 21, 2015, by an affirmative roll call vote of a majority of all members of the Board, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER [Rex Alphin ___ VOTE Byron B. Bailey ___ Alan E. Casteen ___ Delores M. Darden ___ Rudolph Jefferson ___] 3. Attached hereto is a true, correct and complete copy of such resolution as adopted at such meeting. 4. The foregoing resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the Board of Supervisors of Isle of Wight County, Virginia, this ____ day of ______, 2015. _________________________________________ (SEAL) Clerk, Board of Supervisors, Isle of Wight County, Virginia RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS, SERIES 2015, OF ISLE OF WIGHT COUNTY, VIRGINIA, IN A PRINCIPAL AMOUNT NOT TO EXCEED $18,000,000, PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF, AND PROVIDING FOR THE REFUNDING OF CERTAIN GENERAL OBLIGATION BONDS OF THE COUNTY WHEREAS, pursuant to Section 10(b) of Article VII of the Constitution of Virginia and Section 15.2-2639 (formerly Section 15.1-227.40) of the Code of Virginia of 1950, as amended, Isle of Wight County, Virginia (the “County”), has elected by affirmative vote of the qualified voters of the County, to be treated as a city for the purpose of issuing its bonds; WHEREAS, on December 16, 2008, the County issued its $25,000,000 General Obligation Public Improvement Bonds, Series 2008B (the “Series 2008 Bonds”), of which $14,505,000 remains outstanding; WHEREAS, the County administration, in consultation with Davenport & Company LLC, the County’s financial advisor (the “Financial Advisor”), has recommended to the Board of Supervisors of the County (the “Board”) that the County authorize the refunding of all or a portion of the outstanding Series 2008 Bonds (the “Refunded Bonds”), and the issuance and sale of a series of general obligation refunding bonds, in order to achieve debt service savings; and WHEREAS, the County administration, in consultation with the Financial Advisor, has recommended to the Board that the County issue and sell a single series of tax-exempt general obligation refunding bonds in a principal amount not to exceed $18,000,000 through one or more of the following methods: (a) a private placement with a banking or other financial institution (a “Private Sale”), (b) a public offering through a competitive sale (a “Competitive Sale”), or (c) a public offering through a negotiated underwriting (a “Negotiated Sale”) (in any of such funding options, the purchaser(s) of the bonds shall be referred to herein as the “Purchaser”); BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA: 1. Issuance of Bonds. There shall be issued and sold, pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991, tax- exempt general obligation refunding bonds of the County in the maximum aggregate principal amount of $18,000,000 (the “Bonds”) to (a) provide funds to refund the Refunded Bonds and (b) pay the costs incurred in connection with issuing the Bonds and refunding the Refunded Bonds. 2. Bond Details. The Bonds may be issued in a single series and shall be designated “General Obligation Public Improvement Refunding Bonds, Series 2015,” or such other designation as shall be determined by the County Administrator, shall be in registered form, shall be dated such date as determined by the County Administrator, shall be in denominations of $5,000 and integral multiples thereof, and shall be numbered R-1 upward. Subject to Section 3, 2 the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the County Administrator; provided, however, that (a) the Bonds shall have a “true” or “Canadian” interest cost not to exceed 4.0%, taking into account any original issue discount or premium thereon, (b) the Bonds shall be sold at a price not less than 98.0% of the original aggregate principal amount thereof (excluding any original issue discount), and (c) the Bonds shall mature or be subject to mandatory sinking fund redemptions in annual installments ending no later than December 31, 2031; and, provided further, that the refunding of the Refunded Bonds in the aggregate shall result in net present value debt service savings to the County of at least 3.0% of the principal amount of the Refunded Bonds. Principal of the Bonds shall be payable annually and interest on the Bonds shall be payable semiannually on dates determined by the County Administrator. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months. Principal and premium, if any, shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the County Administrator (the “Record Date”). Principal, premium, if any, and interest shall be payable in lawful money of the United States of America. 3. Methods of Sale; Award of Bonds. The Bonds shall be sold in one or more sales, whether through a Private Sale, a Competitive Sale, a Negotiated Sale or any combination thereof, as determined by the County Administrator to be in the best interests of the County. (a) If the County Administrator determines that the Bonds (or a portion thereof) shall be sold through a Private Sale, the County Administrator is authorized, on behalf of the County and in collaboration with the Financial Advisor, to solicit bids from banking institutions and other financial firms, to determine which bid (or bids) offers the best terms to the County, and, subject to the limitations set forth in Section 2, to arrange for the issuance and sale of the Bonds to the Purchaser. Following a Private Sale, the County Administrator shall file a certificate with the Board setting forth the final terms of the Bonds. The actions of the County Administrator in selling the Bonds by Private Sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Board. (b) If the County Administrator determines that the Bonds (or a portion thereof) shall be sold through a Competitive Sale, the County Administrator is authorized, on behalf of the County and in collaboration with the Financial Advisor, to take all proper steps to advertise the Bonds for sale, to receive public bids and to award the Bonds to the bidder providing the lowest “true” or “Canadian” interest cost, subject to the limitations set forth in Section 2. Following a Competitive Sale, the County Administrator shall file a certificate with the Board setting forth the final terms of the Bonds. The actions of the County Administrator in selling the Bonds by Competitive Sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Board. (c) If the County Administrator determines that the Bonds (or a portion thereof) shall be sold through a Negotiated Sale, the County Administrator is authorized, on 3 behalf of the County and in collaboration with the Financial Advisor, to choose an investment banking firm to serve as underwriter for the Bonds and to execute and deliver to the underwriter, as Purchaser of the Bonds, a bond purchase agreement reflecting the final terms of the Bonds. The bond purchase agreement shall be in a form approved by the County Administrator, in collaboration with the County Attorney, the Financial Advisor and the County’s bond counsel. The actions of the County Administrator in selling the Bonds by Negotiated Sale shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the Board. (d) Following the determination of which method(s) of sale shall be used, the County Administrator is hereby authorized to (i) determine the principal amount of the Bonds, subject to the limitations set forth in Section 1, (ii) determine the interest rates of the Bonds, the maturity schedules of the Bonds, and the price to be paid for the Bonds by the Purchaser, subject to the limitations set forth in Section 2, (iii) determine the redemption provisions of the Bonds, subject to the limitations set forth in Section 5, and (iv) determine the dated date, the principal and interest payment dates and the Record Date of the Bonds, all as the County Administrator determines to be in the best interests of the County. 4. Securities Depository Provisions for Public Sale. If the Bonds are sold through a Negotiated Sale or a Competitive sale, the following terms shall apply: (a) Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York (“DTC”), or its nominee. The County has heretofore entered into a Blanket Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. “Securities Depository” shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section. (b) In the event that (i) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the County discharges its responsibilities hereunder, or (ii) the County in its sole discretion determines (A) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (B) to select a new Securities Depository, then its chief financial officer shall, at the direction of the County, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 7; provided, however, that such form shall provide for interest on the Bonds to be payable (1) from the date of the Bonds if they are authenticated prior to the first interest payment date, or (2) otherwise from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the chief financial officer shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 9. 4 (c) So long as there is a Securities Depository for the Bonds (i) it or its nominee shall be the registered owner of the Bonds, (ii) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (iii) the Registrar and the County shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (iv) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Bonds and (v) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above- referenced Blanket Letter of Representations such provisions of the Blanket Letter of Representations, except to the extent set forth in this subsection and subsection 4(b), shall control. 5. Redemption Provisions. The Bonds may be subject to redemption prior to maturity at the option of the County at a price and on or after dates, if any, determined by the County Administrator. Any Bonds sold as term bonds may be subject to mandatory sinking fund redemption upon terms determined by the County Administrator. If less than all of the Bonds are called for redemption, the maturities to be redeemed shall be selected by the County’s chief financial officer in such manner as the chief financial officer may determine to be in the best interest of the County. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000. The County shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile or electronic transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner of the Bonds. The County shall not be responsible for sending notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be sent to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, no later than the redemption date or (2) the County retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a “Conditional Redemption”), and such 5 notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption may be rescinded at any time. The County shall give prompt notice of such rescission to the affected Bondholders. Any Bonds subject to Conditional Redemption where redemption has been rescinded shall remain outstanding, and the rescission shall not constitute an event of default. Further, in the case of a Conditional Redemption, the failure of the County to make funds available on or before the redemption date shall not constitute an event of default, and the County shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Bondholders that the redemption did not occur and that the Bonds called for redemption and not so paid remain outstanding. 6. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Chairman or Vice Chairman of the Board, shall be countersigned by the manual or facsimile signature of the Clerk or Deputy Clerk of the Board and the Board’s seal shall be affixed thereto or a facsimile thereof printed thereon; provided, however, that if both of such signatures are facsimiles, no Bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar and the date of authentication noted thereon. 7. Bond Form. The Bonds shall be in substantially the form of Exhibit A 8. Pledge of Full Faith and Credit. The full faith and credit of the County are irrevocably pledged for the payment of principal of and premium, if any, and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the Board shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the County sufficient to pay when due the principal of and premium, if any, and interest on the Bonds. attached hereto, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 9. Registration, Transfer and Owners of Bonds. The County Administrator is hereby authorized and directed to appoint the County Treasurer or a qualified bank or trust company as paying agent and registrar for the Bonds (the “Registrar”). The Registrar shall maintain registration books for the registration and registration of transfers of Bonds. Upon presentation and surrender of any Bonds at the corporate trust office of the Registrar, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the County shall execute and the Registrar shall authenticate, if required by Section 6, and deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the same form and maturity, bearing interest at the same rate, and registered in names as requested by the then registered owner or his duly authorized attorney or legal representative. Any such exchange shall be at the expense of the County, except that the Registrar may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. 6 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the registration books on the Record Date. 10. Preparation and Delivery of Bonds. After the Bonds have been awarded, the Chairman or Vice Chairman and the Clerk or Deputy Clerk of the Board are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the Purchaser thereof upon payment therefor. 11. Escrow Deposit Agreement. The County Administrator is authorized to execute and deliver one or more escrow deposit agreements (collectively, the “Escrow Agreement”) between the County and an escrow agent to be appointed by the County Administrator (the “Escrow Agent”). The Escrow Agreement shall be in the form approved by the County Administrator, in collaboration with the County Attorney and the County’s bond counsel, and shall provide for the deposit and investment of a portion of the Bond proceeds for the defeasance of the Refunded Bonds. The execution of the Escrow Agreement by the County Administrator shall constitute conclusive evidence of such official’s approval of the Escrow Agreement. The Escrow Agreement shall provide for the irrevocable deposit of a portion of the Bond proceeds (the “Refunding Portion”) in an escrow fund that shall be sufficient to provide for payment of principal of and premium, if any, and interest on the Refunded Bonds; provided, however, that the Refunding Portion pertaining to the Bonds shall be invested in such manner that none of the Bonds will be “arbitrage bonds” within the meaning of Section 148 of the Code. 12. Deposit of Bond Proceeds. The County Treasurer and the Director of Budget and Finance or either of them is authorized and directed (a) to provide for the delivery of the Refunding Portion to the Escrow Agent for deposit in the escrow funds established by the Escrow Agreement, in an amount that will be sufficient, together with any other funds deposited with the Escrow Agent and the interest thereon when invested as provided in the Escrow Agreement, (i) to pay when due the interest on the Refunded Bonds to the first date on which they may be redeemed at the option of the County and (ii) to pay upon the earlier of maturity or redemption the principal of the Refunded Bonds, plus any interest accrued and unpaid to such redemption date, plus the applicable redemption premium, and (b) to provide for the deposit of the remaining proceeds of the Bonds in a special account to be used to pay the costs incurred in refunding the Refunded Bonds and issuing the Bonds. The County Treasurer and the Director of Budget and Finance or either of them is further authorized and directed to take all such further action as may be necessary or desirable in connection with the payment and refunding of the Refunded Bonds. 13. Redemption of Refunded Bonds. The County Administrator is authorized and directed to determine which principal maturities (or portions thereof) of the Series 2008 Bonds shall constitute the Refunded Bonds. The County Administrator shall direct that notices of redemption be given to the registered owners of the Refunded Bonds in accordance with the resolution providing for the issuance of the Series 2008 Bonds. 14. Arbitrage Covenants. The County covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be “arbitrage bonds” within 7 the meaning of Section 148 of the Code, or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the County shall comply with any provision of law which may require the County at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the County receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The County shall pay any such required rebate from its legally available funds. 15. Non-Arbitrage Certificate and Elections. Such officers of the County as may be requested are authorized and directed to execute an appropriate certificate setting forth the expected use and investment of the proceeds of the Bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the County. 16. Limitation on Private Use. The County covenants that it shall not permit the proceeds of the Bonds or the facilities refinanced with the proceeds of the Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds or the facilities refinanced with such proceeds being used with respect to any output facility (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or refinance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the County receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the County need not comply with such covenants. 17. Other Actions. All other actions of officers of the County in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are approved and confirmed. The officers of the County are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 18. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 19. Effective Date. This Resolution shall take effect immediately. A-1 Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation (“DTC”), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. Exhibit A REGISTERED REGISTERED No. R-____ $__________ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA ISLE OF WIGHT COUNTY General Obligation Public Improvement Refunding Bond Series 2015 INTEREST RATE MATURITY DATE DATED DATE CUSIP _____% _______, ____ _________, 2015 ______ ___ REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS Isle of Wight County, Virginia (the “County”), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay interest hereon from its date semiannually on each _________ and _____________, beginning ____________, ____, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal, premium, if any, and interest are payable in lawful money of the United States of America by __________________, ______________, ______________, who has been appointed paying agent and registrar for the bonds (the “Registrar”). Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company (“DTC”), and the payment of principal, premium, if any, and interest, the providing of notices and other matters shall be made as described in the County’s Blanket Letter of Representation to DTC. A-2 This bond is one of an issue of $____________ General Obligation Public Improvement Refunding Bonds, Series 2015, of like date and tenor, except as to number, denomination, rate of interest and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Public Finance Act of 1991. This bond has been authorized and issued pursuant to a resolution adopted by the County Board of Supervisors on May 21, 2015, to provide funds to (a) refund a portion of the County’s $_______ General Obligation Public Improvement Bonds, Series 2008B and (b) pay the costs incurred in connection with issuing the bonds. Bonds maturing on or before ____________, ____, are not subject to redemption prior to maturity. Bonds maturing on or after __________, ____, are subject to redemption prior to maturity at the option of the County on or after ____________, ____, in whole or in part (in integrals of $5,000) at any time, upon payment of the following redemption prices (expressed as a percentage of principal amount of bonds to be redeemed) plus interest accrued and unpaid to the redemption date: Period During Which Redeemed Redemption (Both Dates Inclusive) [Bonds maturing on ___________, ____, are required to be redeemed in part before maturity by the County on _________ in the years and amounts set forth below, at a redemption price equal to the principal amount of the bonds to be redeemed, plus interest accrued and unpaid to the redemption date: Price Year Amount Year ] Amount If less than all of the bonds are called for redemption, the maturities of the bonds to be redeemed shall be selected by the County’s chief financial officer in such manner as the chief financial officer may determine to be in the best interest of the County. If less than all the bonds of a particular maturity are called for redemption, the bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting bonds for redemption, each bond shall be considered as representing that number of bonds that is obtained by dividing the principal amount of such bond by $5,000. The County shall cause notice of the call for redemption identifying the bonds or portions thereof to be redeemed to be sent by facsimile or electronic transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to DTC or its nominee as the registered owner hereof. If a portion of this bond is called for A-3 redemption, a new bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The County may give a notice of redemption prior to a deposit of redemption moneys if such notice states that the redemption is to be funded with the proceeds of a refunding bond issue and is conditioned on the deposit of such proceeds. Provided that moneys are deposited on or before the redemption date, such notice shall be effective when given. If such proceeds are not available on the redemption date, such bonds will continue to bear interest until paid at the same rate they would have borne had they not been called for redemption. On presentation and surrender of the bonds called for redemption at the place or places of payment, such bonds shall be paid and redeemed. The full faith and credit of the County are irrevocably pledged for the payment of principal of and premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the County Board of Supervisors shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the County sufficient to pay when due the principal of and premium, if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person exclusively entitled to payment of principal of and premium, if any, and interest on the bond and the exercise of all rights and powers of the owner, except that interest payments shall be made to the person shown as the owner on the registration books on the [first] [fifteenth] day of the month preceding each interest payment date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the County, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-4 IN WITNESS WHEREOF, the Board of Supervisors of Isle of Wight County, Virginia, has caused this bond to be issued in the name of Isle of Wight County, to be signed by its Chairman, to be countersigned by its Clerk, its seal to be affixed hereto, and this bond to be dated the date first above written. COUNTERSIGNED: _______________________________ (SEAL) ____________________________________ Clerk, Board of Supervisors of Chairman, Board of Supervisors of Isle of Wight County, Virginia Isle of Wight County, Virginia A-5 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto ______________________________________________________________________________ (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: _______________________________________________ : : : : the within bond and all rights thereunder, hereby irrevocably constituting and appointing _______________________________________________________________________, Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. : : Dated: ________________ Signature Guaranteed ___________________________________ _______________________________ NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. ISSUE: Resolution Authorizing School’s Categorical Transfer Request to Address Benefit Pay-out for Administrative Personnel and Additional Bus Fuel Expenses for the Remainder of the Fiscal Year BACKGROUND: In an effort to address current expense requirements, Schools request the Board of Supervisors to consider the following: • Transfer operating funds from the instruction ($58,000) and technology ($22,000) categories in the amount of $80,000 to the administration category for administration benefit pay-out; and, • Transfer operating funds from the maintenance ($70,000) category to the transportation category to cover fuel costs for the remainder of the fiscal year. BUDGETARY IMPACT: This action is a transfer of funds within the current FY14-15 operating budget for Schools. RECOMMENDATION: Adopt a resolution. ATTACHMENTS: - Resolution - Schools March 30,2015 Correspondence RESOLUTION TO AUTHORIZE SCHOOLS CATEGORICAL TRANSFER REQUEST TO ADDRESS BENEFIT PAY-OUT FOR ADMINISTRATIVE PERSONNEL AND ADDITIONAL BUS FUEL EXPENSES FOR THE REMAINDER OF THE FISCAL YEAR WHEREAS, the Board of Supervisors of the County of Isle of Wight, Virginia has received and reviewed the Schools May 12, 2015 request for a categorical transfer of funds; and, WHEREAS, the Schools are requesting transfers of operating funds from the Instruction ($58,000) and Technology ($22,000) categories in the amount of $80,000 to the Administration category for administration benefit pay-out: and, WHEREAS, the Schools are also requesting a transfer of operating funds from the Maintenance category in the amount of $70,000 to the Transportation category for additional bus fuel expenses for the remainder of the fiscal year. NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED that the Board of Supervisors of Isle of Wight County, Virginia authorizes the Schools requests for the aforementioned categorical transfers. BE IT FURTHER RESOLVED that the County Administrator of Isle of Wight County is authorized by the Board of Supervisors to make the appropriate accounting adjustments in the budget and to do all things necessary to give this resolution effect. Adopted this 21st day of May, 2015. Rex W. Alphin, Chairman ___________________________ Carey Mills Storm, Clerk Approved as to form: __________________________________ Mark Popovich, County Attorney ISSUE: Staff Report – Newcomers Guide BACKGROUND: The Isle of Wight County Marketing Committee has recently completed an Isle of Wight County Newcomers Guide for new residents moving to the County and also serves as a handy reference for current and long-time residents as well. The guide will be available for download online and hard copies will be available at selected locations throughout Isle of Wight County, including the County Complex (Economic Development, Administration, and Treasurer’s Office), Parks & Recreation Department offices, the Visitor Center, the libraries, and at area realty offices. BUDGETARY IMPACT: No budgetary impact. This document was researched, designed, and executed by staff. RECOMMENDATION: Receive a presentation for informational purposes only. ATTACHMENT: The Isle of Wight County Newcomers Guide Welcome to the Isle! As a new resident, you may have some questions about the County and the many services available to you. The following information is designed to help ease your transition into your new home and life here in Isle of Wight. If you would like additional information about visiting or relocating to Isle of Wight, please stop by our Visitor Center at 319 Main Street or give us a call at 757.357.5182 or toll-free at 800.365.9339. Stay Informed ISLE OF WIGHT COUNTY WEBSITE: iwus.net ISLE OF WIGHT COUNTY SOCIAL MEDIA: iwus.net/Social-Media SIGN UP FOR “VOICES FROM THE ISLE” E-Newsletter: VoicesFromTheIsle.com, voicesfromtheisle@isleofwightus.net ISLE OF WIGHT COUNTY PARKS & RECREATION: 757.357.2291, iwus.net/parks-and-recreation SMITHFIELD & ISLE OF WIGHT TOURISM: 757.357.5182, 1.800.365.9339, VisitSmithfieldVA.com Education ISLE OF WIGHT COUNTY SCHOOLS: 820 Main Street, Smithfield, VA 23430, 757.357.4393, iwcs.k12.va.us ISLE OF WIGHT ACADEMY: (Private School) 1711 Courthouse Hwy., Isle of Wight, VA 23397, 757.357.3866, iwacademy.com Taxes & Licenses COMMISSIONER OF THE REVENUE: 757.365.6222, iwus.net/Commissioner-of-the-Revenue TREASURER: 757.365.6219, iwus.net/Treasurer STATE INCOME TAX: The Commissioner of the Revenue prepares and audits State Income Tax Returns. You must have your completed Federal Income Tax form and your W-2 in order to receive assistance. State Income Taxes are due by May 1st. REAL ESTATE TAX: The real estate tax in Isle of Wight County is assessed by the Commissioner of the Revenue and collected by the Treasurer. The current real estate rate is 85 cents per $100 of the assessed value. Payments should be made to the Treasurer’s Office in two installments due June 5th and December 5th. PERSONAL PROPERTY TAX: The personal property tax is assessed by the Commissioner of the Revenue and collected by the Treasurer. It includes vehicles, motorcycles, motor homes, boats and trailers. The current personal property rate is $4.50 per $100 of the assessed value. Payments should be made to the Treasurer’s Office in two installments due June 5th and December 5th. PET LICENSE: If your pet is more than four months old, it must be vaccinated against rabies and be licensed with the County. This is required by Virginia Law and the Isle of Wight County Code. Pet licenses are available through the Treasurer’s Office and must be renewed annually by February 1st. Courts CIRCUIT COURT: 757.365.6233, iwus.net/clerk-of-the-circuit-court GENERAL DISTRICT COURT: 757.365.6243, iwus.net/general-district-court JUVENILE & DOMESTIC RELATIONS COURT: 757.365.6237, iwus.net/juvenile-and-domestic-relations-court IWUS.net 757.357.3191 MAY2015 Support Services ANIMAL SERVICES: 757.365.6318, iwus.net/animal-services DEPARTMENT OF SOCIAL SERVICES: 757.365.0880, iwus.net/social-services HEALTH DEPARTMENT: 757.357.4177, vdh.state.va.us VOTER REGISTRATION: 757.365.6230, iwus.net/Voter-Registration LIBRARIES: Blackwater Regional Library System, BlackwaterLib.org Carrollton Branch, 14362 New Towne Haven Lane, 757.238.2641 Smithfield Branch, 255 James Street, 757.357.2264 Windsor Branch, 18 Duke Street, 757.242.3046 NEWSPAPERS: Daily Press (Newport News), 757.247.4600, DailyPresss.com Smithfield Times (Smithfield), 757.357.3288, SmithfieldTimes.com Suffolk News-Herald 757.539.3437, SuffolkNewsHerald.com Tidewater News, (Franklin), 757.562.3187, TidewaterNews.com Virginian-Pilot (Norfolk), 757.446.9000, PilotOnline.com PARKS & RECREATION: 757.357.2291, iwus.net/parks-and-recreation Utilities CABLE & SATELLITE TELEVISION: Charter Communications, 888.438.2427, Charter.com Direct TV, 877.966.2973, Directv.com Dish Network, 877.647.7793, Dish.com INTERNET PROVIDERS: Charter Communications, 888.438.2427, Charter.com DSL, 877.665.0730, FIOS.verizon.com HughesNet (Satellite), 866.946.2741, HughesNet.com FIOS, 800.837.4966, FIOS.verizon.com WIRELESS BROADBAND PROVIDERS: AT&T, 888.333.6651, ATT.com Sprint, 866.866.7509, Sprint.com Verizon Wireless, 800.256.4646, verizonwireless.com T-Mobile, 877.353.3615, T-Mobile.com ELECTRICITY: Community Electric Cooperative, 757.242.6181, ComElec.coop Dominion Virginia Power, 888.366.4357, Dom.com NATURAL GAS: Columbia Gas of Virginia, 800.543.8911, ColumbiaGasVA.com Virginia Natural Gas, 866.229.3578, VirginiaNaturalGas.com RECYCLING: Single-Stream Recycling Program, 757.365.6298, iwus.net/Solid-Waste/Recycling-Program SOLID WASTE DISPOSAL: Solid Waste Division, Isle of Wight, 757.365.9572, iwus.net/Solid-Waste TELEPHONE: Verizon, 800.483.4400, Verizon.com TRASH COLLECTION: Bay Disposal, 757.857.9700, WASTEWATER TREATMENT: Hampton Roads Sanitation District (HRSD), 757.460.2261, HRSD.com WATER/SEWER: Public Utilities Division, Isle of Wight County, 757.365.6284, iwus.net/Public-Utilities Town of Smithfield Water Department, 757.365.4254 Town of Windsor Water Department, 757.242.4288 Who do I call if... I need to change my voter registration and/or find my local polling precint? Voter Registrar, 757.365.6230 I need a special garbage pickup? Bay Disposal, 757.857.9700 My neighbor’s dog just won’t stop barking? Animal Control, 757.233.1055 I want to report a pothole? Virginia Department of Transporation (VDOT), 1-800-FOR-ROAD I want to report clogged storm drains? General Services Department, 757.365.1662 I need to contact the sheriff for a non-emergency? Sheriff’s Office, 757.357.2151 I need to contact the Emergency Services - Fire & Rescue Response for a non-emergency? Emergency Services Department, 757.365.6308 I need information about building permits and/or inspections? Building Inspections, 757.365.6215 ISLE OF WIGHT COUNTY • MAY 2015 IWUS.net 757.357.3191 ISLE OF WIGHT COUNTY • MAY 2015 IWUS.net 757.357.3191 CLIP & DISPLAY EMERGENCY SERVICES - FIRE & RESCUE RESPONSE & SHERIFF’S OFFICE: 911 SIGN UP FOR IW•ALERT: Receive instant alerts on severe and unexpected incidents and weather. 757.365.6308, IWAlert.net. EMERGENCY SERVICES: 757.365.6308 ANIMAL SERVICES DIVISION: 757.365.6318 PUBLIC UTILITIES: 757.365.6284 EMERGENCIES Elected Officials andConstitutional Officers BOARD OF SUPERVISORS Rex Alphin (Chairman), Carrsville Delores C. Darden (Vice-Chair), Windsor Rudolph Jefferson, Hardy Byron B. Bailey, Newport Al Casteen, Smithfield CLERK OF THE CIRCUIT COURT Sharon N. Jones COMMISSIONER OF REVENUE Gerald H. Gwaltney COMMONWEALTH’S ATTORNEY Georgette C. Phillips SHERIFF Mark A. Marshall TREASURER Judith C. Wells Contact information at: iwus.net SCHOOL BOARD MEMBERS Denise Tynes (Chair), Smithfield Julia Perkins (Vice-Chair), Windsor Robert Eley, Carrsville Alvin Wilson, Hardy Ed Easter, Newport Contact information at: iwcs.k12.va.us SMITHFIELD TOWN COUNCIL T. Carter Williams (Mayor) Andrew C. Gregory (Vice Mayor) Connie Chapman Michael G. Smith Milton Cook Denise N. Tynes Randy Pack Contact information at: smithfieldva.gov WINDSOR TOWN COUNCIL Carita J. Richardson (Mayor) Durwood V. Scott J. Clinton Bryant Greg Willis N. Macon Edwards, III Patty Flemming Tony Ambrose Contact information at: windsor-va.gov Animal Shelter Convenience Centers Courthouse Complex Fire & Rescue Libraries Parks & Recreation Facilities Police Station Schools Visitor Center Carrsville Hardy Newport Smithfield Windsor ELECTION DISTRICTS Town of Smithfield Town of Windsor 10 10 10 10 10 258 58B 258 258 460 460 17 17 JAMES RIVER JAME S R I V E R B R . TO N E W P O R T NEW S TO S U R R Y TO PORT S M O U T H T O FR A N K L I N TO S U F F O L K TO I V O R & WAKE F I L E D TO S U F F O L K TO S U F F O L K April 6, 2015/rmc/Directional Farm Signage Program ISSUE: Motion to Approve the Directional Farm Signage Program BACKGROUND: Economic Development, in partnership with the departments of Planning & Zoning and Tourism, has worked to create a directional signage program to promote agribusiness and agritourism in the County. The Directional Farm Signage Program is designed to promote Isle of Wight County’s agricultural economy and agritourism by allowing direct marketers of agricultural products to install off-site farm identification/directional signage. This signage would be strictly for the purpose of directing customers to the farms where agritourism opportunities exist, including but not limited to: school farm tours, pick-your-own operations, farm markets, farm stands, etc. In order to be eligible for the Program, the farms must currently be listed in the Visit the Farms brochure. BUDGETARY IMPACT: None RECOMMENDATION: Adopt a motion to approve the program concept and authorize staff to implement ordinance changes as necessary. ATTACHMENT: Directional Farm Signage Program Description Rachel Chieppa, Directional Farm Signage Program 4/3/2015 Directional Farm Signage Program ABOUT THE PROGRAM: The Directional Farm Signage Program is designed to promote Isle of Wight County’s agricultural economy and agritourism by allowing direct marketers of agricultural products to install off-site farm identification/directional signage. This signage would be strictly for the purpose of directing customers to the farms where agritourism opportunities exist, including but not limited to: school farm tours, pick-your-own operations, farm markets, farm stands, etc. In order to be eligible for the Program, the farms must currently be listed in the Visit the Farms brochure. WHY NEEDED: Oftentimes, direct marketing agribusinesses are not located on a primary roadway and are not visible to drive-by/pass-through traffic; therefore, many opportunities are missed for impulse purchases. These businesses are located in rural areas of the county with limited landmarks and street signals to direct customers. This lack of visibility serves as a hindrance to those agribusinesses causing lower sales and un-captured drive-by traffic. Instead, these direct marketers must rely solely on destination traffic. HOW THE PROGRAM WORKS: Agritourism and direct marketing activities are defined in the zoning ordinance. Farm businesses must apply to the County for a zoning permit indicating where their signs will be placed. Each sign will be approved and permitted individually. All signage must be placed outside of the dedicated VDOT Right-of-Way, and it is the responsibility of the business to obtain a notarized letter of authorization from the property owner where the signs are to be located. This documentation must be presented at the time the permit is applied for. A maximum of one sign will be allowed at each intersection on a first-come first-served basis. Businesses may and are encouraged to co-locate on one signage façade. Signage is double sided where appropriate. The sign will be uniform in design with an arrow indicating direction, distance to destination, and farm business name. The county will charge approximately $300 for the sign permit as well as $35 for a zoning permit. The sign permit fee will include a 3’ x 4’ double sided sign and two Rachel Chieppa, Directional Farm Signage Program 4/3/2015 posts. Planning and Zoning staff will coordinate the ordering of the sign from a selected vendor. County staff will coordinate installation of signage. Businesses will be required to renew their permits every five years and pay a $35 renewal fee. Signage will be inspected on a regular basis by County staff. Should any maintenance or replacement be required, the farm business will be responsible for those costs. Farms must demonstrate at least one of the following criteria to qualify for the program: • Business is open to the public a minimum of two days per week for agritourism purposes, • Offers pick-your-own options, • Farm tours, • Farm informational items to visitors, • Operates a farm market or farm stand, • Or other qualified direct marketing activity; AND • Farm business must be listed in the Visit the Farms brochure. SIGNAGE REQUIREMENTS: All signage structures must comply with the following parameters, contained in Section IX “Signs” of the Isle of Wight County Zoning Ordinance and will be printed using a pre-designed template for uniformity: 1. Signs will be installed using double posts with the exception of vertical orientation. 2. The maximum height of sign to be no taller than eight feet. 3. Façade of sign to be no larger than 12 square feet. 4. Sign must include farm business name, directional arrow and distance to destination. 5. Sign façade will be standard designed by county staff. 6. Farm businesses will be encouraged to co-locate wherever feasible. 7. If shared signage is requested by more than one business owner, the maximum façade size permitted is 12 square feet. 8. Signs must be setback 5 feet from the edge of the right-of-way. BENEFITS FOR COUNTY: 1. No administration costs of the program other than issuing zoning/signage permit and coordinating the printing of the signage. 2. Promoting rural economic development and growth in the county. 3. Maintaining rural character. 4. Maintaining consistent branding and quality control. 5. Meeting farm business owners’ needs while controlling sign clutter. Rachel Chieppa, Directional Farm Signage Program 4/3/2015 Qtrly Financial Report 1st Qtr FY15/MT/ B & F ISSUE: Staff Report – Quarterly Financial Report for 3rd Quarter of FY2015 BACKGROUND: Staff has compiled information relative to the County’s financial performance for the 3rd quarter ended of FY 15. A brief presentation will be made on the status and implications of the County’s financial performance. RECOMMENDATION: For the Board’s information. ATTACHMENT: Quarterly Financial Report ISSUE: Resolution – Personnel Policy Amendments of the Equal Employment Opportunity Policy, Workplace Harassment Policy, and Violence in the Workplace Policy BACKGROUND: Chapter 1: Personnel, Article I, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII, Sections 12.0-12.3 needs to be amended to bring the following County policies and objectives up to date: Equal Employment Opportunity Policy, specific objectives of the County’s Personnel Management System, the Non-Discrimination and Anti-Harassment Policy, and the Violence in the Workplace Policy. The policy amendments are necessary to enhance employee guidance with policies and procedures. BUDGETARY IMPACT: There is no budgetary impact of these amendments. RECOMMENDATION: Adopt a resolution to amend Chapter 1: Personnel, Article I, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII, Sections 12.0-12.3 of the County Policy Manual ATTACHMENT: Resolution RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE I, SECTIONS 1.2 AND 1.6, ARTICLE XI, SECTION 11.5, AND ARTICLE XII, SECTIONS 12.0-12.3 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established an Equal Employment Opportunity Policy, along with specific objectives of the County’s Personnel Management System, a Non-Discrimination and Anti-Harassment Policy, and a Violence in the Workplace Policy under Chapter 1: Personnel, Article I, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII, Sections 12.0- 12.3 of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article I, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII, Sections 12.0-12.3 of the County Policy Manual to clarify the provisions, guidelines, rules and procedures of the Equal Employment Opportunity Policy, objectives of the County’s Personnel Management System, the Non-Discrimination and Anti-Harassment Policy, and the Violence in the Workplace Policy; and NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article I, Sections 1.2 and 1.6, Article XI, Section 11.5, and Article XII, Sections 12.0-12.3 of the County Policy Manual is hereby amended as follows: Chapter 1: Personnel ARTICLE I General Provisions (Revised December 15, 2005, Revised May 21, 2015) Section 1.2 (Revised December 15, 2005, Revised May 21, 2015) Equal Employment Opportunity Policy Isle of Wight County shall provide maintains and promotes equal employment opportunity in all phases of employment and personnel administration in accordance with State and Federal laws, executive orders and regulations. No officer or employee of the County shall discriminate against any employee or applicant for employment with regard to recruitment, application, appointment, assignment, performance evaluation, training, working conditions, promotion, demotion, discipline, lay-off, discharge, retirement, or any other aspect of employment on the basis of race, color, sex, creed, religion, national origin, age, or disability, marital status, veteran status, genetic information, sexual orientation, or other non-job related characteristic protected by applicable law. Americans With Disabilities Act (ADA) and Americans with Disabilities Amendments Act (ADAAA) Provisions It is the policy of Isle of Wight County to comply with the Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAAA) prohibiting discrimination against applicants and employees with disabilities and, when needed, to provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position. It is the policy of Isle of Wight County to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is the policy of Isle of Wight County to prohibit discrimination against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. Employees and applicants with disabilities requesting reasonable accommodations to perform essential job functions should request such through the Human Resources Department. No officer or employee of the County shall retaliate against any employee with regard to recruitment, application, appointment, assignment, performance evaluation, training, working conditions, promotion, demotion, discipline, lay-off, discharge, retirement, or any other aspect of employment because the employee has used or has participated in the County's grievance procedure, has complied with any law of the United States, or of the Commonwealth of Virginia, or has reported any violation of such law to a governmental authority, or has sought any change in law before the Congress of the United States or the General Assembly, or has reported an incidence of fraud, abuse, or gross mismanagement to the Board of Supervisors, the County Administrator, the County Attorney, or other governmental authority. Section 1.6 (Revised May 21, 2015) Objectives and Scope The specific objectives of the County's Personnel Management System are: a. to establish and maintain a sound classification and compensation plan which will attract and retain qualified employees b. to assure fair treatment of applicants and employees in all aspects of personnel management without regard to race, color, creed, religion, age, national origin or ancestry, sex, physical handicap or disability or political affiliation, marital status, veteran status, genetic information, sexual orientation, or other non-job related characteristic protected by applicable law c. to maintain the compensation plan in a proper relationship with competitive pay practices in the labor market in which the County competes d. to assure each County employee a performance review at specified intervals e. to provide effective control of salary payments on a uniform basis f. to furnish County management with a consistent and effective means of recognizing improved and outstanding performance g. to recruit, screen, select and advance employees on the basis of their ability, knowledge, and skills h. to determine training needs to insure ensure quality performance and to enable employees to realize their maximum potential. ARTICLE XI Miscellaneous Policies and Regulations (Revised April 7, 2005, November 17, 2005, May 18, 2006, October 16, 2006, Revised September 4, 2008, Revised May 21, 2015) Section 11.5 (Revised April 7, 2005, Revised May 21, 2015) Non-Discrimination and Anti-Harassment Policy Isle of Wight County is committed to providing a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, Isle of Wight County expects that all relationships among persons in the workplace will be business-like and free of bias, prejudice, and harassment. This policy applies to all persons working for and with Isle of Wight County, regardless of employment status. Equal Employment Opportunity It is the policy of Isle of Wight County to be an equal opportunity employer, to maintain a diverse workforce, and to create and maintain a working environment free from discrimination and harassment. Any form of unlawful discrimination, including harassment based on ensure equal employment opportunity without discrimination or harassment on the basis of race, color, national origin, religion, sex, age, disability, marital status, veteran status, genetic information, sexual orientation, or other non-job related or any other characteristic protected by applicable law is strictly prohibited. Any employee found to have engaged in illegal discrimination or harassment in the course of his/her employment will be subject to appropriate disciplinary action, up to and including termination of employment. Isle of Wight County prohibits and will not tolerate any such discrimination or harassment. Definitions Types of Harassment Sexual Harassment - constitutes is a form of discrimination and is illegal under federal, state and local laws. For the purposes of this policy, sexual harassment is defined, consistent with the Equal Employment Opportunity Commission Guidelines, as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when, for example: 1. Accepting or tolerating Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment; or 2. Accepting or rejecting such conduct by an individual is used as a basis for employment decisions affecting that individual an applicant or employee; and/or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance, or creating an intimidating, hostile or offensive work environment. Sexual harassment may include a range of subtle and not so subtle behaviors and may involve individuals of the same or different gender. Depending on the circumstances, these behaviors may include, but are not limited to: unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual’s body, sexual prowess or sexual deficiencies; leering, catcalls or touching; insulting or obscene comments or gestures; display or circulation in the workplace of sexually suggestive objects or pictures (including through e-mail); and other physical, verbal or visual conduct of a sexual nature. Sex-based harassment, harassment not involving sexual activity or language (i.e., male manager yells only at female employees and not males), may also constitute discrimination if it is severe or pervasive and directed at employees because of their sex. Workplace Harassment – includes any unwelcome verbal/physical conduct or written communication that either denigrates or shows hostility or aversion towards a person on the basis of race, color, national origin, religion, sex, age, disability, marital status, veteran status, genetic information, sexual orientation, or other non-job related characteristic protected by applicable law that:  Has the purpose or effect of creating an intimidating, hostile or offensive working environment; or  Has the purpose or effect of unreasonably interfering with an employee’s work performance; or  Affects an employee’s employment opportunities or compensation. Harassing conduct includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating or hostile acts; denigrating jokes and the display or circulation in the workplace of written or graphic material that denigrates or shows hostility or aversion toward an individual or group (including through e-mail). on the basis of any other protected characteristic is also strictly prohibited. Under this policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion to an individual because of his/her race, color, religion, national origin, age, disability, or any other characteristic protected by law or that of his/her relatives, friends or associates, and that: • has the purpose or effect of creating an intimidating, hostile or offensive work environment; • has the purpose or effect of unreasonably interfering with an individual’s work performance; or • otherwise adversely affects an individual’s employment opportunities. Individuals and Conduct Covered These This policies policy apply applies to all applicants and employees, and prohibits harassment, discrimination and retaliation whether engaged in by fellow employees, by a supervisor or manager, or by someone not directly connected to Isle of Wight County (i.e., an outside vendor, consultant, or citizen). Conduct prohibited by these this policies policy is unacceptable in the workplace and in any work-related setting, such as during business trips, business meetings and business-related social events. Retaliation is Prohibited Isle of Wight County expressly prohibits retaliation against any individual who reports discrimination or harassment or participates in an investigation of such reports. However, this policy does not grant license for employees to engage in the unfounded or vindictive accusation of others. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Employee Responsibilities Each employee of the County is responsible for engaging in and promoting workplace behaviors that create and maintain an environment of respect and promote effective teamwork. Employees are also responsible for reporting behaviors that damage the environment. Employees who experience harassment are encouraged to make it clear to the offender, at the time of the occurrence, that such behavior is offensive. Any employee who believes that he or she is being harassed is urged to contact the Director of Human Resources immediately. Management Responsibilities Managers and supervisors have a greater responsibility, not only to model respectful, professional conduct at the workplace, but also to maintain an environment of respect and effective teamwork in their work areas. Managers and supervisors shall:  Ensure his/her employees are aware of the County’s Non-Discrimination and Anti-Harassment Policy and emphasize that harassment will not be tolerated and may result in disciplinary action, up to and including termination; and  Create and maintain a workplace that is free from harassment; and  Monitor the work environment for signs that harassment may be occurring; and  Counsel employees on the procedures for reporting and resolving complaints of harassment; and  Refrain from participating in or encouraging actions that could be perceived as harassment. Managers and supervisors who observe or are made aware of harassment or discrimination taking place in the workplace are required to report the harassment to the Director of Human Resources immediately. All allegations of harassment and discrimination will be investigated by the Human Resources Department as expeditiously as possible. Managers and supervisors who allow harassment or discrimination to continue or fail to take appropriate corrective action upon becoming aware of the harassment or discrimination shall be considered a party to the harassment, even though they may not have engaged in the actual behavior, and shall be subject to disciplinary action. Any questions regarding the County’s Non-Discrimination and Anti- Harassment Policy that a manager or supervisor is unable to answer should be referred to the Director of Human Resources. Complaint Procedure Isle of Wight County requires the reporting of all incidents of discrimination, harassment, or retaliation, regardless of the offender’s identity or position. Individuals who believe they have experienced conduct that they believe is contrary to this policy or who have concerns about such matters should make their complaints with the Director of Human Resources, or in cases of his/her absence, the Assistant County Administrator, County Administrator, County Attorney, or their supervisor before the conduct becomes severe or pervasive. Individuals should not feel obligated to file their complaints with their immediate supervisor first before bringing the matter to the attention of the Director of Human Resources or in cases of his/her absence, one of the other county designated representatives identified above. The Department of Human Resources is responsible for the official investigation of all complaints of discrimination/harassment. Early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Therefore, while no fixed reporting period has been established, Isle of Wight County strongly urges the prompt reporting of complaints or concerns so that rapid and constructive action can be taken. Isle of Wight County will make every effort to stop alleged harassment before it becomes severe or pervasive, but can only do so with the cooperation of its employees. Employees who experience harassment are encouraged to make it clear to the offender, at the time of the occurrence, that such behavior is offensive. If the situation cannot be resolved by the employee or if the offensive behavior is repeated, the employee may make a complaint. Employees should report incidents of harassment as soon as possible after the incident occurs. Other avenues to filing a complaint include the County’s Grievance Procedure to remedy complaints of discrimination in any employment practice based on the employee’s race, color, national origin, religion, sex, age, disability, marital status, veteran status, genetic information, sexual orientation, or other non-job related characteristic protected by applicable law. The eligible employee should contact the Human Resources Department for the Grievance Procedure. The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued. Any supervisor or manager who becomes aware of possible sexual or other unlawful harassment must promptly advise the County Administrator or his/her designee. Managers and supervisors who allow sexual harassment to continue or who fail to respond accordingly to allegations of such harassment will be subject to disciplinary action, up to and including termination of employment. The Investigation Any reported allegations of harassment, discrimination, or retaliation will be investigated promptly, thoroughly and impartially. The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action. Responsive Action Misconduct constituting harassment, discrimination or retaliation will be dealt with promptly and appropriately. Responsive action may include, for example, training, referral to counseling, monitoring of the offender, and/or disciplinary action such as warning, reprimand, reassignment, temporary suspension without pay, or termination, as the County believes is appropriate under the circumstances. The unwelcomeness, frequency, severity of the behavior, statutes, and the County’s Policy determine whether harassment has occurred. Finally, these policies may not be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business or work- related social activities or discussions in order to avoid allegations of harassment. The law and the policies of Isle of Wight County prohibit disparate treatment on the basis of sex or any other protected characteristic, with regard to terms, conditions, privileges and perquisites of employment. The prohibitions against harassment, discrimination and retaliation are intended to complement and further these policies, not to form the basis of an exception to them. Article XII Violence in the Workplace (Adopted November 4, 2004, Revised October 4, 2007, Revised May 21, 2015) Section 12.0 (Revised October 4, 2007, Revised May 21, 2015) Violence in the Workplace Purpose The County of Isle of Wight desires to provide a safe environment for County employees, volunteers, individuals providing temporary services, and citizens who conduct business on County property. The County maintains a zero tolerance policy towards workplace violence and threatening behavior. Employees violating this policy will be subject to disciplinary action, up to and including, involuntary termination. The County has developed this policy to help reduce the risk of violence by establishing a standard procedure for dealing with threatening and/or violent situations in the workplace. When a threat has been reported or management determines that a potential for violence exists, management may require an employee to undergo an assessment to determine the risk of danger. The Employee Assistance Program (EAP) may assist the County by facilitating a referral to an appropriate resource for this assessment. Section 12.1 (Revised October 4, 2007, Revised May 21, 2015) Prohibited Conduct The following acts and behaviors are examples of prohibited conduct. This list is intended to serve as a representative sampling of the kinds of actions the County will consider improper, which means it does not contain all of the possible actions that would be deemed inappropriate under this policy. a. Physical assault. This includes, but is not limited to, any unwanted or hostile physical contact with another person such as hitting, fighting, pushing, shoving, or intentionally throwing objects at or towards another person. b. Threatening to physically assault or harm an individual in any way. A threat is improper regardless of whether the person communicating the threat has the present ability to carry it out and regardless of whether the threat is contingent, conditional, or future. Additionally, a threat is not permissible even if it is expressed in veiled terms. Conduct that constitutes a threat is prohibited regardless of whether it is communicated verbally, in writing, or electronically (such as by e-mail). In addition, a threat is impermissible whether it is communicated directly to the intended victim or communicated in an indirect way (such as to a third party). c. Harassment. This includes, but is not limited to, showing an obsessive interest in another person to the extent a reasonable person would find the behavior frightening or intimidating under all of the circumstances. A few examples of prohibited conduct are stalking and repeated unwanted verbal and/or written references to a grudge or to a romantic interest. d. Intentionally destroying or damaging property owned by the County, or others. e. Possessing weapons, including guns, knives, etc. during work hours without authorization from the County Administrator. Even if the employee has obtained a concealed weapons permit from the Commonwealth of Virginia, County employees are prohibited from carrying guns on County property unless required to do so by their position. f. Engaging in behavior that creates a reasonable fear of injury in another person. g. Committing injurious acts motivated by, or related to, domestic violence or sexual harassment. h. Retaliating against any employee who, in good faith, reports a violation of this policy. The County does not condone acts or behaviors that were supposedly only a joke or not meant to be taken seriously. Any threat or act of violence will be treated as though the instigator was serious. In addition, any conduct that has the purpose of causing psychological harm and/or inducing fear will be treated the same as conduct that has the purpose of causing physical harm. Section 12.2 (Revised October 4, 2007, Revised May 21, 2015) Procedure: Employee Responsibilities In Cases Of Threats Or Violence and Reporting of Convictions of Crimes Against a Person Employees who believe they are being, or have been, subjected to an act or behavior that violates this policy should immediately report the incident to their supervisor. If the supervisor is the party who is engaging in the improper conduct, employees should report the incident to their department director or to the Director of Human Resources (or a designee). If employees are in a situation that constitutes an emergency, they should immediately contact the Sheriff’s Office by dialing 911. To the extent possible, employees should inform their supervisor of the incident at the time it is occurring or to other appropriate parties mentioned above if the supervisor is the perpetrator. In non-emergency situations, if the employee, or the employee’s supervisor, believes the questionable conduct may constitute a criminal offense, the employee or the supervisor should contact the Sheriff’s Office within a reasonable time to report the matter and to determine if the Sheriff will conduct a criminal investigation. An employee who reports information in good faith in accordance with this policy will not be subject to retaliation by the County (including discipline) solely for making the report. Within its ability to do so under all of the circumstances and considering its resources, the County will take reasonable steps to provide safeguards in the workplace if an employee has legitimate, ongoing concerns about potential violence from another individual. Therefore, employees who have obtained a protective order from a court should make their supervisor aware of the existence of the order. Any employee who is convicted of any “crime against the person” as defined in Title 18.2, Chapter 4 of the Code of Virginia, 1950 as amended, shall report the conviction to his or her immediate supervisor within 24 hours of notification of the conviction, or no later than the start of the next business day. The obligation exists regardless of the state in which the employee was convicted. The supervisor shall immediately contact Human Resources for a determination regarding whether the on-duty or off-duty conduct has an adverse impact on the employee’s ability to perform their assigned duties and responsibilities. Failure to report a conviction or the conviction itself may be grounds for the employee’s disciplinary action, up to and including, termination. Section 12.3 (Revised October 4, 2007, Revised May 21, 2015) Procedure: Management Responsibilities In Cases Of Threats Or Violence If supervisors receive information that one of their employees may have or is engaged in conduct that would be a violation of this policy, information should be gathered and documented and the supervisor shall immediately contact the Human Resources Department. The supervisor should take the necessary steps to obtain information about the situation, including interviewing individuals who may have knowledge about the conduct. Supervisors should document the steps they took in their review and the results of the review. The supervisor must make the Department of Human Resources aware of any matter that involves a violation or a potential violation of this policy. After completing their review of a situation, if the Human Resources Department and supervisors determine that an employee has violated this policy, they should recommend appropriate disciplinary action, up to and including dismissal. For other violators of this policy (including volunteers; individuals providing temporary services through an outside agency; and citizens), appropriate action should be taken, taking into account all of the circumstances. In a case that involves a threat of violence, the supervisor should take reasonable steps that may be necessary to provide appropriate safeguards in the workplace. If supervisors receive a complaint or become aware of a situation that involves an employee from another department or a non-employee, they should notify the Director of Human Resources so appropriate action can be taken. If supervisors receive a complaint or become aware of a situation that involves a non-employee, they should initiate an investigation in conjunction with other appropriate County departments and offices and take appropriate action at the conclusion of the investigation. If supervisors become aware of a situation that constitutes an emergency, they should immediately contact the Sheriff’s Office at 911, followed by the County Administrator, then the Director of Human Resources. In non-emergency situations, if the employee, or the employee’s supervisor, believes the questionable conduct constitutes a criminal offense, the employee or the supervisor should contact the Sheriff’s Office within a reasonable time to report the matter and to determine if the Sheriff will conduct a criminal investigation. If the Sheriff’s Office becomes involved in a criminal investigation, supervisors will cooperate with the Sheriff’s investigation. Adopted this 21st day of May, 2015. Rex. W. Alphin, Chairman Carey Mills Storm, Clerk Approved as to form: Mark C. Popovich, County Attorney ISSUE: Motion to Continue the Meeting to June 3, 2015 BACKGROUND: As a follow up to the sessions recently at The Smithfield Center to receive public input relative to ISLE 2040, staff is recommending a joint work session with the Board of Supervisors and the Planning Commission to be held at 6:00 p.m. on June 3, 2015 to discuss the public input and next steps. Dr. Michael Chandler will be in attendance and will facilitate the discussion relative to ISLE 2040. RECOMMENDATION: Adopt a motion to continue the meeting to June 3, 2015 at 6:00 p.m. ATTACHMENTS: None 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 April 2015; Cash Position and Statement of the Treasurer’s Accountability 2. Isle of Wight County Monthly Fire/EMS Call Summary and Other Statistics FY 2014/2015 3. Isle of Wight Sheriff’s Monthly Activity Report/April 2015 4. Isle of Wight Website Statistics/April 2015 5. Solid Waste Division Litter Pickup 6. COMCAST 7. County Awarded Excellence in Financial Reporting by GFOA 8. WTWA Presentation from April Board of Supervisors’ Meeting 9. VDOT Route 460 Status Update TAX YEAR TAX LEVY SUPPLEMENTS PUBLIC SERVICE ADJUSTMENTS & ABATEMENTS TOTAL TAX LEVIES prior 2009 $ 45,023,862.40 2009-2010 22,935,645.20$ 147,245.72$ 1,120,980.11$ (481,545.08)$ 23,722,325.95$ 2010-2011 22,125,331.80$ 102,656.15$ 1,238,933.38$ (543,437.05)$ 22,923,484.28$ 2011-2012 27,790,010.30$ 97,630.01$ 811,545.32$ (397,597.60)$ 28,301,588.03$ 2012-2013 26,525,116.80$ 176,705.49$ 915,993.22$ (497,153.20)$ 27,120,662.31$ 2013-2014 30,047,697.17$ 164,212.78$ 1,034,152.63$ (487,910.52)$ 30,758,152.06$ 2014-2015 17,636,251.11$ 58,472.29$ 1,227,910.28$ (269,659.79)$ 18,652,973.89$ Note June 2015 Billed RE $ 17,475,477.29payments received towards June 2015 $962,726.99 TAX YEAR TAX LEVY SUPPLEMENTS PUBLIC SERVICE ADJUSTMENTS & ABATEMENTS TOTAL TAX LEVIES prior 2008 $ 88,671,261.50 2009 14,179,475.18$ 380,921.58$ 27,190.60$ (602,696.41)$ 13,984,890.95$ LIC. FEE 612,284.00$ 54,644.00$ (122,818.33)$ 544,109.67$ 2010 14,477,918.03$ 497,127.97$ 29,952.42$ (641,109.16)$ 14,363,889.26$ LIC. FEE 602,496.00$ 59,434.00$ (34,879.81)$ 627,050.19$ 2011 9,331,238.47$ 439,311.19$ 30,643.10$ (559,476.08)$ 9,241,716.68$ LIC. FEE 609,590.00$ 40,268.00$ (17,883.10)$ 631,974.90$ 2012 11,332,597.54$ 832,437.56$ 30,972.53$ (896,020.78)$ 11,299,986.85$ LIC. FEE 622,868.00$ 40,934.00$ (26,382.62)$ 637,419.38$ 2013 13,130,414.21$ 448,615.17$ 35,767.54$ (1,115,895.08)$ 12,498,901.84$ LIC. FEE 944,288.00$ 49,300.00$ -$ (39,358.45)$ 954,229.55$ 2014 13,263,208.40$ 375,871.55$ 36,474.99$ (500,561.52)$ 13,174,993.42$ LIC. FEE 1,052,654.00$ 52,041.00$ -$ (37,851.00)$ 1,066,844.00$ Note TO June 2015 Billed PP $ 4,625,711.03 payments received towards June 2015 $485,672.98 TAX LEVIES & COLLECTIONS AS OF REAL ESTATE DELINQUE PERSONAL PROPERTY DELINQUENT P TAX COLLECTED TAX OUTSTDG.% COLLECTED % UNC. 45,022,753.40$ $ 1,109.00 100.00%0.00% 23,720,736.00$ 1,589.95$ 99.99%0.01% 22,918,173.25$ 5,311.03$ 99.98%0.02% 28,287,000.51$ 14,587.52$ 99.95%0.05% 27,083,575.73$ 37,086.58$ 99.86%0.14% 30,564,351.83$ 193,800.23$ 99.37%0.63% 18,356,892.70$ 296,081.19$ 98.41%1.59% $549,565.50 99.72%0.31% TAX COLLECTED TAX OUTSTDG.% COLLECTED % UNC. 88,650,237.63$ $ 21,023.87 99.98%0.02% 13,966,878.43$ 18,012.52$ 99.87%0.13% 537,758.05$ 6,351.62$ 98.83%1.17% 14,331,788.90$ 32,100.36$ 99.78%0.22% 616,240.79$ 10,809.40$ 98.28%1.72% 9,192,047.16$ 49,669.52$ 99.46%0.54% 620,069.78$ 11,905.12$ 98.12%1.88% 11,234,610.90$ 65,375.95$ 99.42%0.58% 622,730.90$ 14,688.48$ 97.70%2.30% 12,373,673.85$ 125,227.99$ 99.00%1.00% 917,019.32$ 37,210.23$ 96.10%3.90% 12,689,784.67$ 485,208.75$ 96.32%3.68% 906,954.14$ 159,889.86$ 85.01%14.99% $1,037,473.67 99.38%0.62% OTAL DELINQUENT=$1,587,039.17 99.56%0.44% APRIL 2015 ENT REAL ESTATE = PERSONAL PROP. = COUNTY OF ISLE OF WIGHT STATEMENT OF THE TREASURER'S ACCOUNTABILITY March 2015 Institution Instrument Rate Term Maturity Balance Cash Petty Cash $2,214.47 SUB TOTAL $2,214.47 Checking Accounts Bank of America General Fund Checking $387,271.16 Bank of America School General Fund Checking $3,260,997.20 Bank of America DSS General Fund Checking $1,800,032.86 Bank of America County Payroll Account $0.00 Bank of America School Payroll Account $480.67 Bank of America DSS Payroll Account $0.00 SUB TOTAL $5,448,781.89 Investments Bank of America Emergency Fund Checking 0.20%$2,550.56 Bank of America Investment Fund 0.20%$16,419,804.89 LGIP General Fund Investment 0.10%$2,575,166.37 SUB TOTAL $18,997,521.82 Restricted Funds Bank of America School Escrow Fund 0.20%$0.00 Bank of America General Recoupment Funds 0.20%$13,244.55 Bank of America Benn's Church Funds 0.20%$22,114.53 Bank of America Special Welfare Funds 0.20%$0.00 Bank of America Special Welfare Donated Funds 0.20%$13,487.68 Bank of America Special Welfare Child Support 0.20%$4.95 Bank of America School's Camp Foundation 0.20%$24,417.57 Bank of America School Food Service Funds 0.20%$821,202.78 BNY Mellon Pace Funds $2,264,648.24 SUB TOTAL $3,159,120.30 Bond Proceeds--Invested in SNAP 2010B Bond $1,077,672.95 2010B Bond Interest 0.14%$33,210.93 2010C Bond $463,360.28 2010C Bond Interest 0.14%$39,637.21 2011A Bond $738,688.20 2011A Bond Interest 0.14%$74,278.83 2011B Bond $1,101,346.00 2011B Bond Interest 0.14%$27,917.63 2011C Bond $124,102.27 2011C Bond Interest 0.14%$45,585.18 2012 Bond $11,633,262.02 2012 Bond Interest 0.14%$72,404.87 SUB TOTAL $15,431,466.37 TOTAL OF ALL FUNDS $43,039,104.85 Is l e o f W i g h t C o u n t y Mo n t h l y F i r e / E M S C a l l S u m m a r y an d O t h e r S t a t i s t i c s Fi s c a l Y e a r 2 0 1 4 / 2 0 1 5 Ma r c h 2 0 1 5 EM S Pa i d S t a f f i n g Vo l u n t e e r De p a r t m e n t Di s p a t c h e d Ev e n t s (1 ) Mi s s i n g S t a t e Re p o r t s (2 ) 10 0 % Pa i d % P a i d 10 0 % Vo l u n t e e r % V o l . M i x e d % M i x . T o t a l M o n t h l y Ma n h o u r s E s t . C o s t (4 ) Ca r r o l l t o n V F D 59 5 18 32 % 23 41 % 15 27 % 56 46 4 11 , 3 6 8 $ Ca r r s v i l l e V F D 34 1 29 85 % 0% 5 15 % 34 1, 4 9 2 36 , 5 5 4 $ IO W R e s c u e 22 2 6 11 7 54 % 25 11 % 76 35 % 21 8 2, 5 3 1 62 , 0 1 0 $ Wi n d s r R e s c u e 76 0 60 73 % 7 9% 15 18 % 82 1, 7 4 9 42 , 8 5 1 $ To t a l E M S 39 1 12 To t a l I n c i d e n t P a t i e n t C a r e R e p o r t s 39 0 6, 2 3 6 15 2 , 7 8 2 $ Fi r e St a f f i n g M i x (U n a b l e t o p r o v i d e t h e m i x e d s t a f f i n g b r e a k d o w n f o r f i r e w i t h c u r r e n t s t a t e re p o r t i n g m e c h a n i s m , p a i d s t a f f p r o v i d e d c a l l c o u n t ) (5 ) Pa i d S t a f f i n g Vo l u n t e e r De p a r t m e n t Di s p a t c h e d Ev e n t s (1 ) Mi s s i n g S t a t e Re p o r t s (2 ) 10 0 % Pa i d % P a i d 10 0 % Vo l u n t e e r % V o l . M i x e d % M i x . T o t a l M o n t h l y Ma n h o u r s E s t . C o s t (4 ) Ca r r o l l t o n V F D 21 21 0% 21 10 0 % 0% 21 - $ Ca r r s v i l l e V F D 24 5 0 % 2 4 1 0 0 % 0 % 2 4 (7 ) - $ Ru s h m e r e V F D 2 0 0% 2 10 0 % 0% 2 - $ Wi n d s o r V F D 18 9 0% 18 10 0 % 0% 18 - $ Sm f d V F D 79 6 0% 71 90 % 8 10 % 79 22 9 5, 6 1 1 $ To t a l F i r e 1 4 4 41 To t a l S u b m i t t e d S t a t e F i r e R e p o r t s (6 ) 14 4 22 9 5 , 6 1 1 $ To t a l F i r e / E M S 53 5 53 To t a l S u b m i t t e d P C R s / F i r e I n c i d e n t s 53 4 6, 4 6 5 15 8 , 3 9 3 $ Se r v i c e / O t h e r A r e a s o f C o n c e r n / O t h e r U p d a t e s In c i d e n t P a t i e n t C a r e S t a f f i n g M i x P e r S t a t e P a t i e n t C a r e R e p o r t s ( P C R ) (R e p r e s e n t s a c t u a l p a t i e n t s s e r v e d - m a y d i f f e r f r o m i n c i d e n t s d i s p a t c h e d ) (3 ) Ca r r o l l t o n V F D a n d W i n d s o r V F D h a v e n o t s i g n e d t h e fa c i l i t y u s e a g r e e m e n t . Vo l u n t e e r a g e n c i e s h a v e n o t f i l e d a l l o f t h e r e q u i r ed S t a t e f i r e / E M S r e p o r t s . Is l e o f W i g h t C o u n t y Mo n t h l y F i r e / E M S C a l l S u m m a r y an d O t h e r S t a t i s t i c s Fi s c a l Y e a r 2 0 1 4 / 2 0 1 5 Fi s c a l Y e a r - T o - D a t e Ca l l S u m m a r y EM S Pa i d S t a f f i n g Vo l u n t e e r De p a r t m e n t Di s p a t c h e d Ev e n t s (1 ) Mi s s i n g S t a t e Re p o r t s (2 ) 10 0 % Pa i d % P a i d 10 0 % Vo l u n t e e r % V o l . M i x e d % M i x . T o t a l M o n t h l y Ma n h o u r s E s t . C o s t (4 ) To t a l F Y Bu d g e t e d Ho u r s % of Budgeted Hours Remaining Ca r r o l l t o n V F D 56 0 72 13 5 27 % 24 1 48 % 13 1 26 % 50 7 37 1 9 91 , 1 1 6 $ 5,440 32% Ca r r s v i l l e V F D 24 8 11 18 2 76 % 2 1% 54 23 % 23 8 13 , 8 2 1 33 8 , 6 1 5 $ 20 , 7 9 2 34% IO W R e s c u e 17 1 2 46 87 7 51 % 21 0 12 % 62 2 36 % 17 0 9 22 , 4 8 9 55 0 , 9 8 1 $ 25 , 9 1 2 13% Wi n d s r R e s c u e 67 2 7 46 4 68 % 10 0 15 % 12 2 18 % 68 6 15 , 9 7 1 39 1 , 2 9 0 $ 20 , 5 1 2 22% To t a l E M S 31 9 2 13 6 To t a l I n c i d e n t P a t i e n t C a r e R e p o r t s 31 4 0 56 , 0 0 0 1, 3 7 2 , 0 0 0 $ 72 , 6 5 6 23% Fi r e St a f f i n g M i x ( U n a b l e to p r o v i d e t h e m i x e d s t a f f i n g b r e a k d o w n f o r f i r e w i th c u r r e n t s t a t e r e p o r t i n g me c h a n i s m - b r e a k d o w n b e g a n w i t h O c t o b e r - h i g h l i g t e d i n f o on l y O c t f o r w a r d n o t Y T D ) (5 ) Pa i d S t a f f i n g Vo l u n t e e r De p a r t m e n t Di s p a t c h e d Ev e n t s (1 ) Mi s s i n g S t a t e Re p o r t s (2 ) 10 0 % Pa i d % P a i d 10 0 % Vo l u n t e e r % V o l . M i x e d % M i x . T o t a l M o n t h l y Ma n h o u r s E s t . C o s t (4 ) T o t a l F Y Bu d g e t e d Ho u r s % of Budgeted Hours Remaining Ca r r o l l t o n V F D 24 1 23 1 0 0% 16 3 96 % 7 4% 17 0 0 - $ - - Ca r r s v i l l e V F D 17 4 8 5 0 0 % 1 1 3 1 0 0 % 0 0 % 1 1 3 (7 ) - $ - - Ru s h m e r e V F D 58 33 0 0% 39 10 0 % 0 0% 39 0 - $ - - Wi n d s o r V F D 20 2 58 0 0% 14 0 10 0 % 0 0% 14 0 0 - $ - - Sm f d V F D 57 8 12 9 0 0% 33 2 81 % 79 19 % 41 1 18 0 8 44 , 2 9 6 $ 2,600 30% To t a l F i r e 1 2 5 3 53 6 To t a l S u b m i t t e d S t a t e F i r e R e p o r t s (6 ) 71 7 1, 8 0 8 4 4 , 2 9 6 $ 2 , 6 0 0 3 0 % To t a l F i r e / E M S 44 4 5 67 2 To t a l S u b m i t t e d P C R s / F i r e I n c i d e n t s 38 5 7 57 , 8 0 8 1, 4 1 6 , 2 9 6 $ 75 , 2 5 6 23% NO T E S : (7 ) P a i d s t a f f i n g s u p p o r t f o r C a r r s v i l l e V F D i n c l u d es f i r e s t a f f i n g c o v e r a g e ( 1 F T E ) , s t a f f i n g h o u r s a n d c o s t s f o r t h i s a r e i n c l u d e d i n t h e E M S p a i d s t a f f in g b l o c k . (1 ) D i s p a t c h e d e v e n t s c o u n t b a s e d o n D i s p a t c h E v e n t Lo g p r o v i d e d b y D i s p a t c h . (2 ) M i s s i n g V o l . D e p t . s t a t e r e p o r t s b a s e d o n i n c id e n t r e p o r t i n g i n f o r m a t i o n s u b m i t t e d t o t h e S t a t e as c o m p a r e d t o t h e C o u n t y d i s p a t c h e d i n c i d e n t c o u n t . T h e s e c o u n t s w i l l b e a d j u s t e d a s mi s s i n g r e p o r t s a r e s u b m i t t e d t o t h e S t a t e . In c i d e n t P a t i e n t C a r e S t a f f i n g M i x P e r S t a t e P a t i e n t C a r e R e p o r t s ( P C R ) (R e p r e s e n t s a c t u a l p a t i e n t s s e r v e d - m a y d i f f e r f r o m i n c i d e n t s d i s p a t c h e d ) (3 ) (6 ) C o u n t r e f l e c t s t o t a l # o f f i r e d i s p a t c h e d e v e n t s l e s s t o t a l # o f m i s s i n g s t a t e r e p o r t s . (3 ) C o u n t s b a s e d o n P C R i n f o r m a t i o n s u b m i t t e d t o t h e S t a t e . C o u n t s w e r e b a s e d o n s t a f f i n g m i x o f d i r e c t p a t i e n t c a r e s e r v i c e s p r o v i d e d ( i n c l u d i n g p a t i e n t r e f u s a l s & s t a n d b y e v e n t s ) . T h e s e co u n t s w i l l b e a d j u s t e d a s m i s s i n g r e p o r t s a r e s u b m it t e d t o t h e S t a t e . (4 ) E s t i m a t e d p a i d s t a f f i n g c o s t i s b a s e d o n a n a v e r ag e w a g e r a t e o f $ 2 4 . 5 0 p e r h o u r a n d i n c l u d e s f r i n g e b e n ef i t c o s t s . (5 ) T h e c u r r e n t S t a t e r e p o r t i n g s y s t e m d o e s n o t p r o v id e a m e c h a n i s m f o r d e t e r m i n i n g t h e s t a f f i n g m i x o f a f i r e i n c i d e n t . A m a n u a l c o u n t o f f i r e c a l l s w i t h p a i d s t a f f i n g s u p p o r t i s b e i n g p u t i n pl a c e . S t a r t i n g w i t h O c t o b e r , s t a f f i n g m i x c o u n t s w il l b e b a s e d o n i n f o r m a t i o n p r o v i d e d b y p a i d f i r e s ta f f a n d D i s p a t c h e d e v e n t s . Is l e o f W i g h t C o u n t y Mo n t h l y F i r e / E M S C a l l S u m m a r y an d O t h e r S t a t i s t i c s Fi s c a l Y e a r 2 0 1 4 / 2 0 1 5 Fi s c a l Y e a r 2 0 1 4 - 2 0 1 5 F i r e & R e s c u e S e r v i c e s B u d g e t Vo l u n t e e r De p a r t m e n t Ca r r o l l t o n V F D Ca r r s v i l l e V F D Ru s h m e r e V F D Wi n d s o r V F D Sm f d V F D IO W R e s c u e Wi n d s r R e s c u e To t a l S t a t i o n Al l o c a t e d Co s t s To t a l F Y 2 0 1 4 - 2 0 1 5 F i r e & R e s c u e R e s p o n s e B u d g e t - - 2, 6 0 0 25 , 9 1 2 20 , 5 1 2 Co n t r i b u t i o n 25 4 , 5 3 6 $ 14 6 , 2 1 4 $ 68 , 8 9 5 $ 12 2 , 9 1 8 $ Es t i m a t e d S t a f f i n g C o s t (4 ) 13 3 , 2 8 0 $ St a t i o n G e n e r a t o r Le a s e / M a i n t e n a n c e 21 , 9 5 6 $ 13 , 4 9 6 $ Bu d g e t e d D i r e c t V o l . Ag e n c y S u p p o r t b y 40 9 , 7 7 2 $ 66 9 , 1 1 4 $ Bu d g e t e d S t a f f i n g Ho u r s 5, 4 4 0 20 , 7 9 2 13 , 4 9 6 $ 11 , 9 5 2 $ 82 , 3 9 1 $ 13 4 , 8 7 0 $ 27 7 , 0 9 8 $ 89 7 , 9 1 1 $ 62 6 , 5 3 6 $ 3, 0 9 7 , 6 9 1 $ 50 9 , 4 0 4 $ - $ - $ 32 5 , 5 3 2 $ 3, 4 2 3 , 2 2 3 $ Ot h e r F i r e & R e s c u e R e s p o n s e B u d g e t I t e m s ( i n c l u d e s : m e d i c a l d i r e c t o r c o s t s , o t h e r s t a f f s a la r i e s n o t d i r e c t l y as s o c i a t e d t o s t a t i o n s t a f f i n g , F o r e s t r y c o n t r i b u t i on , H R P D C d u e s , L i f e P a c k g r a n t m a t c h , f i r e / E M S r e p or t i n g s o f t w a r e co s t s , s t a f f u n i f o r m s , t r a v e l & t r a i n i n g , e t c . ) 71 8 $ 1, 6 1 7 $ 5, 9 5 2 $ 69 , 1 8 6 $ 1, 1 8 4 , 7 3 3 $ 7 5 , 2 5 6 $ 1 , 8 4 3 , 7 7 2 $ 63 , 7 0 0 $ 63 4 , 8 4 4 $ 50 2 , 5 4 4 $ 21 2 , 6 8 0 $ 26 1 , 4 5 0 $ 11 8 , 0 4 0 $ 05 . 0 5 . 1 5 AP R 1 4 JA N F E B M A R AP R 1 5 MA Y J U N J U L A U G S E P O C T N O V D E C 20 1 5 Y T D 2 0 1 4 Y T D % chng Ca l l s f o r S e r v i c e La w E n f o r c e m e n t 3, 5 8 9 3 , 7 6 2 3 , 3 2 3 4 , 1 1 3 3 , 6 6 5 14,86313,17912.78% An i m a l S e r v i c e s 85 9 6 7 6 1 0 2 1 1 6 39034612.72% GR A N D T O T A L 3, 6 7 4 3 , 8 5 8 3 , 3 9 9 4 , 2 1 5 3 , 7 8 1 15,25313,52512.78% Sc h o o l C h e c k s ( n u m ) 68 8 4 5 5 9 1 4 9 2792616.90% Sc h o o l C h e c k s ( t i m e ) 30 : 5 1 2 7 : 4 7 2 1 : 5 9 3 1 : 4 9 1 7 : 1 7 98:53107:34-8.06% Fa l s e A l a r m s 7 1 0 3 0 2 1555-72.73% Es c o r t s 12 1 8 5 8 1 1 4244-4.55% Tr a f f i c Tr a f f i c S t o p s 51 4 3 1 4 1 8 8 4 5 1 4 2 2 1,3751,623-15.28% Tr a f f i c S u m m o n s 29 0 1 6 2 1 0 1 2 6 5 2 5 3 781831-6.02% Tr a f f i c C r a s h e s 71 6 2 9 2 5 9 8 7 3002990.33% Cr i m i n a l P r o c e s s Mis d e m e a n o r C h a r g e s 49 2 7 2 1 5 2 5 1 151170-11.18% Fe l o n y C h a r g e s 33 1 3 1 9 3 4 2 6 92902.22% Un k n o w n C l a s s 0 0 0 0 0 02-100.00% GR A N D T O T A L 82 4 0 4 0 8 6 7 7 243262-7.25% Civ i l P r o c e s s Wri t - L e v y 2 2 2 6 2 1218-33.33% Wr i t - R e p o 4 3 3 2 4 1230-60.00% Ev i c t i o n s 4 1 1 9 7 1 1 383122.58% Al l O t h e r C i v i l 95 3 6 8 3 6 4 2 1 , 2 0 7 1 , 0 0 2 3,5343,3734.77% GR A N D T O T A L 96 3 6 9 9 6 5 6 1 , 2 2 2 1 , 0 1 9 3,5963,4524.17% Pr o p e r t y Re p o r t e d S t o l e n $1 5 , 3 9 1 $ 2 7 , 6 0 4 $ 1 3 , 5 3 4 $ 5 , 6 0 4 $ 2 8 , 9 3 8 $75,679$160,036-52.71% Sto l e n I t e m s 38 5 8 4 5 2 2 6 9 19417510.86% Re p o r t e d R e c o v e r e d $7 0 0 $ 2 , 7 8 0 $ 6 , 8 7 3 $ 1 , 0 0 0 $ 2 8 , 6 6 4 $39,317$67,734-41.95% Re c o v e r e d I t e m s 6 8 1 4 5 2 1 482965.52% Re p o r t e d D a m a g e d $8 , 6 5 6 $ 2 , 4 8 0 $ 5 , 4 2 0 $ 3 , 7 7 1 $ 1 2 , 2 1 6 $23,887$27,960-14.57% Da m a g e d I t e m s 30 9 1 6 1 4 2 5 6489-28.09% Co u r t Fi n e s a n d F e e s Ju r y T r i a l s 0 2 1 0 1 41300.00% Ot h e r Mil e a g e 92 , 7 2 5 78 , 8 9 4 80 , 1 5 6 81 , 1 6 4 86 , 1 2 3 326,337356,356-8.42% Gu n P e r m i t s 88 5 6 5 7 7 3 5 1 237288-17.71% Fin g e r p r i n t s ( n o n c r i m . ) 11 2 1 2 7 3 4 1 4 965768.42% Re p o r t s ( I B R ) 75 5 0 6 4 6 7 7 8 259300-13.67% Re p o r t s ( N o n - I B R ) 13 8 1 0 2 1 0 8 1 3 7 1 4 3 490506-3.16% Cu r r e n c y v a l u e s r o u n d e d t o t h e d o l l a r . RE V I S E D 0 5 . 0 5 . 1 5 To t a l s m a y c h a n g e b e t w e e n r e p o r t i n g p e r i o d s d u e t o o n g o i n g i n v e s t i g a t i o n s , c a s e u p d a t e s , e r r o r c o r r e c t i o n , a n d l a t e r e p o r t i n g . Is l e o f W i g h t C o u n t y S h e r i f f ' s O f f i c e • M o n t h l y A c t iv i t y R e p o r t - A P R 2 0 1 5 ST A T I S T I C A L I N F O Y T D T O L A S T M O N T H C O M P L E T E D - AP R 05 . 0 5 . 1 5 ME A N ( A V G ) ME D I A N HI G H E S T LO W E S T La w E n f o r c e m e n t 3, 7 1 6 3 , 7 1 4 4 , 1 1 3 3 , 3 2 3 An i m a l S e r v i c e s 98 1 0 6 1 1 6 7 6 GR A N D T O T A L 3, 8 1 3 3 , 8 2 0 4 , 2 1 5 3 , 3 9 9 Sc h o o l C h e c k s ( n u m ) 70 6 7 9 1 4 9 Sc h o o l C h e c k s ( t i m e ) 24 : 4 3 2 2 : 3 2 3 1 : 4 9 1 7 : 1 7 Fa l s e A l a r m s 4 6 1 0 0 Es c o r t s 11 1 5 1 8 5 Tr a f f i c S t o p s 34 4 3 6 8 4 5 1 1 8 8 Tr a f f i c S u m m o n s 19 5 2 0 8 2 6 5 1 0 1 Tr a f f i c C r a s h e s 75 7 5 9 2 5 9 Mis d e m e a n o r C h a r g e s 38 3 9 5 2 2 1 Fe l o n y C h a r g e s 23 2 0 3 4 1 3 Un k n o w n C l a s s 0 0 0 0 GR A N D T O T A L 61 5 9 8 6 4 0 Wr i t - L e v y 3 2 6 2 Wr i t - R e p o 3 4 4 2 Ev i c t i o n s 10 1 1 1 1 7 Al l O t h e r C i v i l 88 4 8 4 3 1 , 2 0 7 6 4 2 GR A N D T O T A L 89 9 8 5 9 1 , 2 2 2 6 5 6 Re p o r t e d S t o l e n 18 , 9 2 0 2 8 , 2 7 1 2 8 , 9 3 8 5 , 6 0 4 St o l e n I t e m s 49 6 4 6 9 2 2 Re p o r t e d R e c o v e r e d 9, 8 2 9 1 5 , 7 2 2 2 8 , 6 6 4 1 , 0 0 0 mo n e t a r y 52 % Re c o v e r e d I t e m s 12 1 5 2 1 5 it e m s 25 % Re p o r t e d D a m a g e d 5, 9 7 2 7 , 3 4 8 1 2 , 2 1 6 2 , 4 8 0 Da m a g e d I t e m s 16 1 7 2 5 9 Mil e a g e 81 , 5 8 4 8 2 , 5 0 9 8 6 , 1 2 3 7 8 , 8 9 4 Gu n P e r m i t s 59 5 4 7 3 5 1 Fi n g e r p r i n t s ( n o n c r i m . ) 24 1 8 3 4 1 4 Re p o r t s ( I B R ) 65 6 4 7 8 5 0 Re p o r t s ( N o n - I B R ) 12 3 1 2 3 1 4 3 1 0 2 Mo n e t a r y v a l u e s a r e r o u n d e d to t h e n e a r e s t d o l l a r . T o t a l s ma y c h a n g e b e t w e e n r e p o r t i n g pe r i o d s d u e t o o n g o i n g in v e s t i g a t i o n s , c a s e u p d a t e s , er r o r c o r r e c t i o n , a n d l a t e re p o r t i n g . Pr o p e r t y Ci v i l P r o c e s s Ot h e r Pr o p e r t y R e c o v e r y (f r o m A v e r a g e ) Is l e o f W i g h t C o u n t y S h e r i f f ' s O f f i c e • M o n t h l y A c t iv i t y R e p o r t - 2 0 1 5 Ca l l s f o r S e r v i c e Tr a f f i c Cr i m i n a l P r o c e s s 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 20 1 4 20 1 5 14 TOT15 TOT% Change Ja n u a r y 0 0 0 1 0 0 3 1 3 1 8 16 1 3 0 0 152246.7% Fe b r u a r y 0 0 0 0 0 0 0 1 3 4 16 19 2 1 0 0 212519.0% Ma r c h 0 0 0 1 0 0 1 0 2 1 13 13 1 0 0 1715-11.8% Ap r i l 0 1 0 1 0 1 2 1 5 6 19 17 2 1 0 0 28280.0% Ma y 0 1 0 2 6 18 0 1 280-100.0% Ju n e 0 0 0 1 5 23 2 1 320-100.0% Ju l y 0 0 0 4 2 24 1 0 310-100.0% Au g u s t 0 0 0 2 7 11 1 0 210-100.0% Se p t e m b e r 0 0 1 2 8 12 0 0 230-100.0% Oc t o b e r 0 1 0 3 10 13 0 0 270-100.0% No v e m b e r 0 0 0 0 3 17 0 0 200-100.0% De c e m b e r 0 0 1 1 0 10 1 0 130-100.0% YT D T O T A L 0 1 0 3 0 1 6 3 13 12 56 65 6 5 0 0 819011.1% GR D T O T A L 0 2 2 21 54 18 4 65 5 2 27690 20 1 4 20 1 4 2 0 1 4 6 75 8 1 NO T I C E : T H E D A T A I N T H I S R E P O R T I S D Y N A M I C A N D M A Y C H A N G E A S C A S E S A R E R E C L A S S F I E D , R E C O R D S E X P U N G E D , O R E R R O R S C O R R E C T E D . SO U R C E : I O W S O R M S D A T A A S O F 0 1 . 0 9 . 1 5 F O R A L L 2 0 1 4 D A T A A N D 0 5 . 0 5 . 1 5 F O R 2 0 1 5 D A T A ) IS L E O F W I G H T C O U N T Y S H E R I F F ' S O F F I C E 05.05.15 CR I M E S A G A I N S T P R O P E R T Y 2 0 1 5 Y T D T O T A L 2 0 1 5 Y T D 11.1% 9. 3 % 33 . 3 % Is l e o f W i g h t C o u n t y S h e r i f f ' s O f f i c e 8 Se l e c t G r o u p A O f f e n s e s 2 0 1 5 ( w / 2 0 1 4 c o m p a r i s o n ) Ra p e 11 A Ro b b e r y 12 0 Ag A s s a u l t 13 A Bu r g l a r y 2 2 0 Ho m i c i d e 09 A CR I M E S A G A I N S T P E R S O N S 2 0 1 5 Y T D La r c e n y 23 MV T h e f t 24 0 82 9 0 Ar s o n 20 0 TOTALS SCHOOLCOUNTTIME% COUNT% TIME CARROLLTON ELEMENTARY SCHOOL94:3118.4%26.1% CARRSVILLE ELEMENTARY SCHOOL173:3234.7%20.5% GEORGIE D TYLER MIDDLE SCHOOL42:138.2%12.9% HARDY ELEMENTARY SCHOOL51:3110.2%8.8% ISLE OF WIGHT ACADEMY50:4310.2%4.2% SMITHFIELD HIGH SCHOOL10:232.0%2.3% WESTSIDE ELEMENTARY SCHOOL11:102.0%6.8% WINDSOR ELEMENTARY SCHOOL73:1114.3%18.4% WINDSOR HIGH SCHOOL00:000.0%0.0% Grand Total4917:17100.0%100.0% Note: These times only reflect actions of -NON- SRO Personnel 05.05.15 APR 2015 Isle of Wight County Sheriff's Office • Monthly School Check Report RANKNATURE COUNT% TOTALRANKNATURE COUNT% TOTAL 1 PATROL CHECK 1055 27.90%51JUVENILE PROBLEMS4 0.11% 2 CIVIL PAPER 567 15.00%52IDENTITY THEFT4 0.11% 3 TRAFFIC STOP 422 11.16%53UNCONSCIOUS OR FAINTING3 0.08% 4 BUILDING CHECK 364 9.63%54TRAFFIC CONTROL3 0.08% 5 BUSINESS CHECK 174 4.60%55THREATS 3 0.08% 6 CITIZEN ASSIST 137 3.62%56TEMPORARY DETENTION ORDER3 0.08% 7 ANIMAL COMPLAINT 123 3.25%57EVICTION 3 0.08% 8 PRISONER TRANSPORT 76 2.01%58STRUCTURE FIRE3 0.08% 9 SUSPICIOUS PERS./VEH./ACTIVITY 75 1.98%59STOLEN VEHICLE3 0.08% 10 PAPER SERVICE 62 1.64%60SICK / ILL OR RESCUE3 0.08% 11ACCIDENT NO INJURIES51 1.35%61NEIGHBOR DISPUTE3 0.08% 12SCHOOL CHECK49 1.30%62CHILD ABUSE OR NEGLECT3 0.08% 13DISABLED VEHICLE45 1.19%63OPEN DOOR OR WINDOW3 0.08% 14ASSIST OTHER JURISDICTION39 1.03%64FIRE ALARM 3 0.08% 15ALARM - BURGLARY39 1.03%65OVERDOSE 3 0.08% 16POLICE INVESTIGATIONS31 0.82%66DOMESTIC ASSAULT - IN PROGRESS3 0.08% 17DIRECT PATROL29 0.77%67CIVIL MATTER 3 0.08% 18TRAFFIC HAZARD23 0.61%68POSSIBLE DOA OR FULL ARREST3 0.08% 19HOUSE CHECK22 0.58%69UNAUTHORIZED USE OF AUTOMOBILE2 0.05% 20DOMESTIC - VERBAL ONLY22 0.58%70BURGLARY - RESIDENTIAL2 0.05% 21RECKLESS DRIVING20 0.53%71BITE 2 0.05% 22ACCIDENT UNKNOWN INJURIES18 0.48%72ALARM - MEDICAL2 0.05% 23LARCENY PETIT AND GRAND18 0.48%73DRUNK IN PUBLIC-INTOXICATED2 0.05% 24FRAUD 17 0.45%74BURGLARY - COMMERCIAL2 0.05% 25DRIVING UNDER THE INFLUENCE14 0.37%75DISPUTE (NON-FAMILY)2 0.05% 26ACCIDENT WITH INJURIES13 0.34%76PAIN 2 0.05% 27DISTURBANCE-LOUD NOISE13 0.34%77RECOVER STOLEN PROPERTY2 0.05% 28FINGERPRINTS12 0.32%78SEIZURE 2 0.05% 29POLICE ESCORT11 0.29%79BAD CHECK 1 0.03% 30911 HANG UP 11 0.29%80ATTEMPT SUICIDE1 0.03% 31DESTRUCTION OF PROPERTY11 0.29%81FIGHT IN PROGRESS1 0.03% 32BE ON THE LOOKOUT11 0.29%82REPOSSESSION1 0.03% 33WELFARE CHECK10 0.26%83FORGERY AND/OR UTTERING1 0.03% 34DRUG OFFENSES10 0.26%84SMELL OF GAS INSIDE/OUTSIDE1 0.03% 35SHOTS FIRED/PROMISCUS SHOOTING8 0.21%85LOST PROPERTY1 0.03% 36PROJECT LIFESAVER8 0.21%86STROKE 1 0.03% 37COMMUNITY RELATIONS8 0.21%87CARDIAC OR RESPIRATORY ARREST1 0.03% 38DISORDERLY INDIVIDUAL8 0.21%88EMERGENCY CUSTODY ORDER1 0.03% 39OTHER OR UNKNOWN PROBLEM7 0.19%89CHEST PAIN OR HEART ATTACK1 0.03% 40OFFICER INFORMATION7 0.19%90TEST CALL 1 0.03% 41FOOT/BIKE PATROL7 0.19%91ASSAULT WITH INJURIES1 0.03% 42HIT AND RUN 5 0.13%92PARKING VIOLATION1 0.03% 43FOUND PROPERTY5 0.13%93ALARM - UNK TYPE1 0.03% 44TRESPASS 4 0.11%94DIABETIC PROBLEMS1 0.03% 45ASSAULT NO WEAPONS4 0.11%95EMERGENCY PROTECTIVE ORDER1 0.03% 46SEX OFFENSES RAPE ASSAULT4 0.11%96ALL OTHERS 3 0.08% 47BUSINESS ASSIST4 0.11%0.00% 48BRUSH FIRE 4 0.11%TOTAL 3,781 100% 49PSYCHIATRIC PROBLEMS4 0.11%TOP TEN 3,055 80.80% 50 DOMESTIC ASSAULT - OCCURRED 4 0.11%05.06.15 NOTE: Prisoner transports include twice daily transport of Animal Shelter work release inmates. PRIOR MONTH TOP TEN FOR COMPARISON 2015 YTD FOR COMPARISON RANK NATURE COUNT % TOTAL RANK NATURE COUNT % TOTAL 1 PATROL CHECK 1267 30.06%1 PATROL CHECK 5,070 33.24% 2 CIVIL PAPER 636 15.09%2 CIVIL PAPER 1,991 13.05% 3 TRAFFIC STOP 451 10.70%3 TRAFFIC STOP 1,375 9.02% 4 BUILDING CHECK 378 8.97%4 BUILDING CHECK 1,205 7.90% 5 BUSINESS CHECK 184 4.37%5 BUSINESS CHECK 747 4.90% 6 CITIZEN ASSIST 137 3.25%6 CITIZEN ASSIST 511 3.35% 7 PAPER SERVICE 110 2.61%7 ANIMAL COMPLAINT 403 2.64% 8 ANIMAL COMPLAINT 108 2.56%8 PAPER SERVICE 358 2.35% 9 SCHOOL CHECK 91 2.16%9 SCHOOL CHECK 279 1.83% 10 PRISONER TRANSPORT 75 1.78%10 PRISONER TRANSPORT 276 1.81% T **TOTAL** CALLS (not just top 10)4,215 81.54%T **TOTAL** CALLS YTD (not just top 10)15,252 80.09% CALLS FOR SERVICE • APR 2015 MEMORANDUM TO: Frank Haltom, Director of General Service FROM: Ralph Anderson, Solid Waste Division Manager SUBJECT: Solid Waste Division Litter Pickup DATE: May 11, 2015 Solid Waste Division, with the help of the Western Tidewater Regional Jail Workers, continues to make an effort to keep the County roadways clean. Litter pick-up has been limited during the month of April due to the focus on illegal dumping investigations and the limitation on the available number of Work Release inmates from the Western Tidewater Regional Jail. • The following is a list of roads that were spot checked for litter and serviced due to illegal dumping during the month of April 2015: Poorhouse Rd.: Spot Pick-Up Reynolds Dr.: Spot Pick-Up Old Stage Hwy.: Spot Pick-Up Clydesdale Rd.: Spot Pick-Up and Illegal Dumping Notice Cut Thru Road: Spot Pick-Up Courthouse Hwy.: Courthouse Hwy @ the Courthouse. Poorhouse Rd: From Hwy. 258 to Shop Quarters. Woodland Road: Carroll Bridge to Longview Rd. • The following is a list where litter is scheduled to be picked up during the months of May thru June 2015: Old Stage Hwy: Rte 10 to Berry Hill Rd Holly Run Dr: Courthouse Hwy. to Carrsville Hwy. Berry Hill Rd: Rte 10 to Old Stage Hwy Foursquare Rd: Courthouse Hwy to Ting Rd Titus Creek Rd: Nike Park Rd to Smith`s Neck Rd Scott`s Factory Rd: Courthouse Hwy to Turner Dr Bethel Church Ln: Waterworks Rd to Blair`s Creek Dr Burdette Rd: Walter`s Hwy to Convenience Center Turner Dr: Benns Church Blvd. to Scotts Factory Rd. Sunset Dr: Courthouse Hwy. to Buckhorn Dr. MEMORANDUM DATE: May 12, 2015 TO: Anne F. Seward, County Administrator FROM: Michael W. Terry, Director, Budget and Finance RE: GFOA Award/Certificate of Achievement _____________________________________________________________ For the fourth consecutive year, a Certificate of Achievement for Excellence in Financial Reporting has been awarded to Isle of Wight County by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and reporting, and its attainment represents a significant accomplishment by a government and its management. An Award of Financial Reporting Achievement has also been awarded to the Isle of Wight County Department of Budget and Finance for its role in preparing the award-winning CAFR. The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a constructive “spirit of full disclosure” to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The County’s CAFR received a grade of “Proficient” in 17 different grading categories. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals with offices in Chicago, Illinois and Washington, D. C. MEMORANDUM TO: Anne Seward, County Administrator FROM: Frank Haltom, Director of General Services SUBJECT: Special Presentation on the History of Western Tidewater Water Authority Water Purchase Agreements DATE: May 11, 2015 At its regular meeting in April, 2015, the Board received a special presentation on the History of Western Tidewater Water Authority (WTWA) Water Purchase Agreements. Chris Pomeroy, President, AquaLaw PLC and Counsel for the WTWA, and Al Moor, Public Utility Director for the City of Suffolk, provided a presentation to give the Board the history and background of the WTWA and Norfolk agreements. Attached hereto is a copy of the presentation for the Board’s information. Furthermore, the video of the presentation can be found on the County’s website for viewing by the public at http://isle- of-wight.granicus.com/MediaPlayer.php?view_id=2&clip_id=252. See item 8.A. on the index. . 5/11/2015 1 WTWA WATER SUPPLY BRIEFING ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS APRIL 16, 2015 OUTLINE 1.WTWA Background A.Overview / Purpose B.Accomplishments C.Overview of WTWA Regional Water Agreement 2.Norfolk Raw Water Purchase Agreement A.Overview of the Agreement B.Background on Its Development C.Role of Norfolk Agreement in the Future 5/11/2015 2 WTWA BACKGROUND WTWA OVERVIEW / PURPOSE •Regional Effort Initiated in 1998 •To Meet the Members’ Long-Term Water Demands •By Acquiring, Financing, Constructing, Operating & Maintaining Water Sources & Facilities •Organizational Structure •Governance by 6-Member Board •3 Representatives Each from County & City •No WTWA staff / relies on County & City staff (utility management, finance, etc) •Legal Counsel (contracts, regulatory, etc) 5/11/2015 3 WTWA ACCOMPLISHMENTS 1.Regional Feasibility Study (2000) 2.WTWA Regional Water Agreement (2000) 3.IOW/Suffolk Water Systems Interconnect Trans. Main (2002) 4.Emergency Raw Water Interconnect Trans. Main from Lake Prince to Lake Meade (2003) (Authority Asset) 5.Groundwater Permit (2005) (Authority Asset) 6.Major WTWA Regional Agreement Revisions (2006) 7.Crittenden Well & Pipeline (2009) (Authority Asset) 8.Norfolk/WTWA Raw Water Agreement (2009) 9.Major WTWA Regional Agreement Revisions (2009) 10.Surface Water Supply Projects (In Progress) 11.Groundwater Permit Renewal (In Progress) WESTERN TIDEWATER REGIONAL WATER AGREEMENT PARTIES:WTWA, Suffolk, IOW TERM:July 1, 2009 –June 30, 2048 PURPOSE:Addresses Supplies, Facilities, Costs -2006: GW Permit, Transmission, Treatment -2009: SW Supply, Transmission, Treatment ELEMENTS:Water Supply Allocations (Reserved Safe Yield) -For Suffolk: 75% -For IOW: 25% 5/11/2015 4 WESTERN TIDEWATER AGREEMENT (CONT.) ELEMENTS:WTWA Water System Projects -Crittenden GW Well & Pipeline -Western Branch SW Pipeline -O&M Norfolk Contract -Construction Provisions -Routine Operations -Norfolk Contract Charges Suffolk Water System Projects -Water Plant Expansions (GW & SW) -Other Facilities WESTERN TIDEWATER AGREEMENT (CONT.) ELEMENTS:WTWA Cost Allocations -Projects (75% Suffolk, 25% IOW) -Admin (50% ea.) Charges for Treated Water -Annual Rate Review -Annual True-Up Invoicing Procedures Authorization of Water Re-sale to IOW Towns 5/11/2015 5 NORFOLK AGREEMENT NORFOLK AGREEMENT OVERVIEW PARTIES:WTWA, Suffolk, Isle of Wight, & Norfolk TERM:40 Years (2008 –2048) TAKE Phases from 3 MGD (2014) to 15 MGD (2038) AMOUNT:Increases 1 MGD Every 2 Years (2016-38) WATER RATE:$1.25/1,000 gals. (FY15; annual CPI adj.) RESERV. FEE:Jan. 2011: 20% Water Rate on Reserved MGD Jan. 2014: 25% Water Rate on Reserved MGD ALLOCATION:75% Suffolk, 25% IOW (Water & Cost) 5/11/2015 6 Norfolk Contract Phase-In •Locks in 15 mgd for the long term •Begins with 3 mgd supply (2009) •Eventually Reaches 15 mgd supply (2038) •Rate for Reserved Water is 75% Less WTWA Reserved Safe Yield With Norfolk Supply •Suffolk Lakes •Portsmouth Purchase •WTWA GW Permit •Norfolk Contract 5/11/2015 7 BACKGROUND ON DEVELOPMENT Westward Pattern in Regional Growth 1980s: Virginia Beach, Norfolk 1985-1995: Chesapeake 1995-2008: Suffolk and IOW Rapid Growth in Western Tidewater Isle of Wight County Population Growth 1990-2000: 18.7% 2000-2010: 18.7% Suffolk Population Growth 1990-2000: 22.1% 2000-2010: 33.3% 2002/04 LOCALITY FORECASTS Given growth rates at the time, Localities forecasted a water supply shortage in 2013 absent a new supply 5/11/2015 8 2006 STRATEGY Alternatives Analysis WTWA Board and Locality staff engaged in extensive exploration of alternatives to meet each party’s needs Conclusion Raw water purchase from Norfolk was determined to be the most feasible option to meet 2013 need Negotiations Began in December 2006 with Norfolk Utilities and concluded with September 2009 Agreement BENEFITS OF AGREEMENT Achieved viable solution to forecasted near-term water supply shortage achieved in a timely manner Locked-in long-term supply to meet the needs of the Isle of Wight and Suffolk for decades to come Achieved favorable terms from industry perspective Ex: Phase-In (Ramp-Up) Ex: Water Rate 5/11/2015 9 UNANTICIPATED CHANGES REDUCING NEAR-TERM WATER DEMAND The Great Recession & Very Slow Recovery Growth dropped off markedly after 2008 recession Ex: Population growth 2010-12 ~ 0.3% Drop in Per Capita Consumption Peaked at 96 gallons per capita per day in 2006 25% drop to 72 gallons per capita per day as of 2013 Multiple reasons, e.g., more efficient appliances, fixtures CHANGES POTENTIALLY INCREASING NEED FOR NORFOLK RAW WATER DEQ Initiative to Cut Groundwater Withdrawals DEQ requested 14 largest permitted withdrawers in Eastern Virginia to reduce 57% (average) DEQ’s Request of WTWA Reduce from 8.34 mgd to 3.6–3.9 mgd Under negotiation / study Observations Available supply decreasing, likely to get more costly WTWA well-positioned to manage this supply challenge 5/11/2015 10 LOCALITY WATER SUPPLY CHALLENGES Estimates Locality’s demand forecast inherently uncertain Conservation When will consumption rates level off Growth Time when with growth rates rebound Economic Development Industrial, commercial, residentials users with needs Delivery / Infrastructure Construction Enough water, where it is wanted, when it is wanted