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December 18th, 2014 Full AgendaA Community of Choice, Committed to Excellence Agenda Board of Supervisors Isle of Wight County December 18, 2014 1. Call to Order (5:00 p.m.) 2. Closed Meeting 3. Invocation – The Honorable Al Casteen/Pledge of Allegiance (6:00 p.m.) 4. Approval of Agenda 5. Consent Agenda A. Resolution to Appropriate Contra Revenue to Return State Aid to the Commonwealth of Virginia B. Resolution to Accept and Appropriate Funds for the Nike Park Skate Park C. Motion to Approve the Isle of Wight County Fair Executive Board D. Motion to Authorize Execution of the Vehicle Lease Agreement with the Smithfield Volunteer Fire Department, as well as any further vehicle lease agreements with other respective volunteer fire or rescue departments as the need may arise 6. Regional Reports A Community of Choice, Committed to Excellence 7. Appointments 8. Special Presentation/Appearances Animal Control Adoption Program 9. Citizens’ Comments 10. Public Hearings A. Motion – Amendment of Various Sections (Articles III, IV, V, VI, VII, VIII) of the Zoning Ordinance B. Motion – Authorize the Sale of Public Property to Joel C. Bradshaw, III 11. County Attorney Report A. Annual Review of By-Laws and Rules of Procedure B. Resolution to Amend Chapter 8: Miscellaneous – General (Non- Employee) of the Isle of Wight County Policy Manual by Adopting Article VI, Public Notice 12. County Administrator’s Report A. Staff Report - Legislative Update B. Staff Report – Stoup Property Use Options A Community of Choice, Committed to Excellence C. Staff Report – Emergency Communications Center (ECC) Board Chairman Advisement of 911 System Replacement Needs D. Staff Report – ALS Coverage Solution for Carrollton Service District E. Resolution – Amendment to Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and Chapter 1: Personnel, Article VI, Section 6.3 of the County Policy Manual F. Request from Smithfield Town Council to Schedule an Intergovernmental Meeting G. Motion – Authorizing a Pro-Rata Share Policy for Utility System Construction H. Motion – Authorizing an Organizational Meeting of the Board of Supervisors to be Held on January 5, 2015 I. Motion – Authorizing a Proposed Joint Industrial Development Authority and Board of Supervisors Work Session on Tuesday, January 13, 2015 13. Unfinished/Old Business 14. New Business 15. Informational Items A. Monthly Reports: Tax Levies & Collections as of November 2014; Cash Position; and, Statement of the Treasurer’s Accountability A Community of Choice, Committed to Excellence B. Health Department Renovation and Ribbon Cutting C. Fire and Rescue Activity Report D. County Website Statistics –November 2014 E. Charter Price Adjustment Notice F. Quarterly Financial Report Detail from November 20, 2014 Meeting G. Isle of Wight Volunteer Rescue Squad Ribbon Cutting H. Litter Pickup Schedule I. FY2015-16 Budget Calendar 16. Adjournment Consent – Resolution to Appropriate Contra Revenue State Aid Return; CBM; 12-18-2014 ISSUE: Resolution to Appropriate Contra Revenue to Return State Aid to the Commonwealth of Virginia BACKGROUND: On November 10, 2014, the General Assembly passed HB 5010 which amends Chapter 2, 2014 Acts of Assembly, Special Session I, to include Item 471.30 requiring that state aid to local governments be reduced by $30M in FY2014-2015. As part of this legislation, the County is required to return $35,303 to the State through one of the following options: 1) Designate that reductions be withheld from the payments for one or more state-aid-to-local-government programs identified by the State; 2) Reimburse the State for the full reduction amount; or 3) Choose a combination of program reductions and a reimbursement payment to the State. Staff recommends Option 2 to reimburse the State for the full reduction amount as this method will not impact any one program or service area provided by the County. The full amount of the reimbursement must be paid to the State prior to December 31, 2014. Funding is available in the FY2014-2015 General Fund budget to provide for the full reduction amount of $35,303. BUDGETARY IMPACT: The budgetary impact will be a $35,303 decrease in General Fund revenue. RECOMMENDATION: Adopt a resolution to return state aid to the Commonwealth of Virginia. ATTACHMENTS: - Resolution - Memorandum from Commonwealth of Virginia RESOLUTION TO APPROPRIATE CONTRA REVENUE TO RETURN STATE AID TO THE COMMONWEALTH OF VIRGINIA WHEREAS, the General Assembly passed HB 5010 amending Chapter 2, 2014 Acts of Assembly, Special Session I, to include Item 471.30 requiring state aid to local governments be reduced by $30 million in Fiscal Year 2014-2015; and, WHEREAS, the Virginia Department of Planning and Budget has notified the County that its portion of the reduction amount is $35,303 for Fiscal Year 2014-2015; and, WHEREAS, HB 5010 provides localities with three options to reduce or return state aid to the Commonwealth of Virginia, including Option 1: designating the reductions be withheld from the payments for one or more programs identified by the Virginia Department of Planning and Budget, Option 2: reimbursing the Commonwealth of Virginia for the full amount of the locality’s reduction, or Option 3: choosing a combination of program reductions and a reimbursement payment; and, WHEREAS, the Board of Supervisors of Isle of Wight County desires to address the County’s $35,303 reduction through Option 2 to reimburse the Commonwealth of Virginia for the full reduction amount. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of the County of Isle of Wight, Virginia that $35,303 in Contra Revenue be appropriated for payment to the Commonwealth of Virginia. BE IT FURTHER RESOLVED that the County Administrator of the County of Isle of Wight is authorized to make the appropriate accounting adjustments and to do all things necessary to give this resolution effect. Adopted this 18th day of December, 2014. Byron B. Bailey, Chairman Carey Mills Storm, Clerk Approved as to form: Mark Popovich, County Attorney ISSUE: Resolution to Accept and Appropriate Funds for the Nike Park Skate Park BACKGROUND: The Friends of Nike Park Skate Park is donating $7,516.73 to the County of Isle Wight for the renovation of the Nike Park Skate Park. This generous donation has allowed us to leverage funds from the state. BUDGETARY IMPACT: The funds will increase revenues in the FY 2014-2015 Capital Budget by the amount appropriated. RECOMMENDATION: Adopt a resolution to accept and appropriate funds donated by the Friends of Nike Park Skate Park. ATTACHMENTS:   Resolution Meeting 12.18.2014 RESOLUTION TO ACCEPT AND APPROPRIATE FUNDS FOR THE NIKE PARK SKATE PARK WHEREAS, the Friends of Nike Park Skate Park have donated seven thousand five hundred sixteen dollars and seventy three cents ($7,516.73) for the purpose of renovating the Nike Park Skate Park; and, WHEREAS, the amount of seven thousand five hundred sixteen dollars and seventy three cents ($7,516.73) received from the Friends of Nike Park Skate Park needs to be accepted and appropriated. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board of Supervisors of Isle of Wight County that a donation in the amount of seven thousand five hundred sixteen dollars and seventy three cents ($7,516.73) received from the Friends of Nike Park Skate Park be appropriated to the Nike Park Skate Park line item in the FY2014-15 Capital Budget. 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 18th day of December, 2014. Byron B. Bailey, Chairman Carey Mills-Storm, Clerk Approved as to form: Mark Popovich, County Attorney ISSUE: Motion to Approve the Isle of Wight County Fair Executive Board BACKGROUND: At the October 25, 2014 meeting of the Isle of Wight County Fair Committee, the following slate of officers was recommended for a two-year term on the Fair Executive Board: Chairman: Danny Byrum First Vice Chairman: Michelle Billups Second Vice Chairman: Allen Brown Treasurer: Debbie Braswell Secretary: Debbie Braswell BUDGETARY IMPACT: None RECOMMENDATION: Adopt a motion to approve the recommended slate of officers for a two-year term beginning January 1, 2015. ATTACHMENTS: None ISSUE: Motion to Authorize Execution of the Vehicle Lease Agreement with the Smithfield Volunteer Fire Department, as well as any further Vehicle Lease Agreements with other Respective Volunteer Fire or Rescue Departments as the need may arise BACKGROUND: At the Board of Supervisors’ regular meeting in July 2014, the Board adopted a motion directing staff to retain title to any emergency vehicles purchased by the County on behalf of the volunteer fire and rescue departments. Further, the Board directed that an appropriate Vehicle Lease Agreement allowing for the use of such vehicles by the recipient fire and rescue departments be entered into based upon those provisions previously presented to the Board. A new pumper vehicle has been purchased by the County for use by the Smithfield Volunteer Fire Department. The Department has executed the aforementioned Vehicle Lease Agreement. BUDGETARY IMPACT: None RECOMMENDATION: Adopt a motion to authorize the Chairman and/or County Administrator to execute the Vehicle Lease Agreement with the Smithfield Volunteer Fire Department, as well as any further vehicle lease agreements with other respective volunteer fire or rescue departments as the need may arise. ATTACHMENT: Vehicle Lease Agreement   ISSUE:     Regional Reports    BACKGROUND:     The Board of Supervisors has previously directed that an opportunity be  provided for monthly status briefings from Board members who serve as  representatives to the various regional committees and authorities on behalf  of the County.    RECOMMENDATION:     Receive an oral report.    ATTACHMENT:     Listing of regional committees/authorities and Board representation     2014 REGIONAL MEETINGS     Chamber of Commerce      Supervisor Casteen            (Liaison/Ex‐Officio)     Franklin Intergovernmental Relations Committee   Supervisor Alphin            Supervisor Darden               Hampton Roads Economic Development Alliance   Chairman Bailey     Hampton Roads Transportation Planning Organization  Supervisor Darden            Chairman Bailey (Alternate)               Hampton Roads Military and Federal Facilities Alliance  Supervisor Darden     Hampton Roads Partnership       Chairman Bailey     Hampton Roads Planning District Commission    Supervisor Darden     Joint Tourism Committee      Chairman Bailey            Supervisor Darden     Mayors and Chairs Caucus       Chairman Bailey     Smithfield Intergovernmental Relations Committee   Chairman Bailey            Supervisor Casteen            Supervisor Darden     Social Services Board       Supervisor Casteen     Solid Waste Committee      Supervisor Alphin            Supervisor Darden     Southeastern Public Service Authority     Anne F. Seward            Mark C. Popovich     Southside Mayors and Chairs      Chairman Bailey     Western Tidewater Regional Jail Authority     Supervisor Alphin            Supervisor Jefferson     Western Tidewater Water Authority      Supervisor Darden            Supervisor Casteen     Windsor Intergovernmental Relations Committee   Supervisor Alphin            Supervisor Darden  ISSUE:     Special Presentation – Animal Control Adoption Program    BACKGROUND:     Staff will provide a brief display of animals which are  currently available for adoption at the County’s animal  shelter.    RECOMMENDATION:     Receive presentation.    ATTACHMENTS:     None  December 18, 2014/RDR/Zoning Ordinance Amendments     ISSUE: Motion – Amendment of Various Sections (Articles III, IV, V, VI, VII, VIII) of the Zoning Ordinance BACKGROUND: Planning staff is presenting a series of revisions to the County’s Zoning Ordinance, including required changes due to State legislative updates, as well as, revisions proposed by staff to clarify language and make the ordinance more user and business friendly. A more complete explanation of each change can be found in the attached Planning Commission Staff Report. RECOMMENDATION: At its November 25, 2014 meeting, the Planning Commission recommended approval of the revisions to the Zoning Ordinance by a vote of 10-0. Staff recommends the approval of the revisions to the Zoning Ordinance. ATTACHMENTS: - Ordinance - Planning Commission Staff Report - Redlined Zoning Ordinance Sections   November 20, 2014/MCP ISSUE: Motion – Authorize the Sale of Public Property to Mr. Joel C. Bradshaw, III BACKGROUND: Mr. Joel C. Bradshaw, III, has made an offer to purchase a portion of the property currently owned by Isle of Wight County (Tax Map Parcel 66-01-065). Mr. Bradshaw proposes to purchase approximately 16.95 acres of the property for $33,900.00 or $2,000/acre. BUDGETARY IMPACT: Increase revenues by $33,900.00 RECOMMENDATION: Authorize the sale of property to Mr. Joel C. Bradshaw, III, as presented, and authorize the Chairman to execute any and all documents necessary to effectuate the sale. ATTACHMENTS: - Real Estate Purchase Agreement - Proposed Deed of Bargain and Sale - Plat of Survey DEED OF BARGAIN AND SALE This deed is exempt from the recordation taxes imposed by §§ 58.1-801 and 58.1-803 of the Code of Virginia (1950), as amended, pursuant to § 58.1-811. CONSIDERATION: $33,900.00 GRANTEE'S ADDRESS: _________________________ _________________________ THIS INSTRUMENT PREPARED BY: Mark C. Popovich County Attorney P. O. Box 80 Isle of Wight, VA 23397 Tax Map # 66-01-065 (portion of) THIS DEED OF BARGAIN AND SALE, made and entered into this __ day of ________________, 2014, by and between ISLE OF WIGHT COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, party of the first part, Grantor, and JOEL C. BRADSHAW, III, an individual, party of the second part, Grantee, whose principal address is __________________________________________. WITNESSETH: WHEREAS, by motion duly adopted by the Board of Supervisors of Isle of Wight County at the regularly scheduled public meeting held on _________________, 2014, 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 Thirty-Three Thousand Nine Hundred Dollars ($33,900.00) 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. 2 This conveyance is made subject to any easements, restrictions, and reservations contained in duly recorded deeds, plats and other instruments constituting constructive 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 _____________________, 2014, has caused Byron B. Bailey, Chairman of the Board of Supervisors to affix his signature and seal hereto: BOARD OF SUPERVISORS ISLE OF WIGHT COUNTY, VIRGINIA Byron B. Bailey, Chairman STATE OF VIRGINIA, COUNTY OF ISLE OF WIGHT, to-wit: The foregoing instrument was acknowledged before me this _____ day of ________________________, 2014, by Byron B. Bailey, 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 Windsor Magisterial District, Isle of Wight County, Virginia, designated as “Parcel 1” containing 16.95 acres, more or less by survey as shown on that certain plat of survey entitled “PLAT SHOWING SUBDIVISION PROPERTY OF BOARD OF SUPERVISORS OF ISLE OF WIGHT COUNTY, VIRGINIA, LOCATED ON CARRSVILLE HIGHWAY, WINDSOR MAGISTERIAL DISTRICCT, ISLE OF WIGHT COUNTY, VIRGINIA, SCALE 1”=150’, OCTOBER 15, 2014” made by Canada Land and Marine Surveying, a copy of which plat of survey is recorded in the Clerk’s Office of the Circuit Court of Isle of Wight County, Virginia, as Plat Reference Number _______________, reference to which plat is here made for a complete metes and bound description of the property herein conveyed. December 18, 2014/MCP ISSUE: Annual Review of By-Laws and Rules of Procedure BACKGROUND: As required by the Board of Supervisors’ By-Laws and Rules of Procedure, the Board is to begin considering any proposed changes or revisions to its by-laws and rules at this time. At the Board’s prior meeting, the initial draft revision of this document was presented in order to begin the review process. A request was made to revise the rules to ensure that the time limitations were the same for both the Citizen’s Comment and Public Hearing sections of the meeting. In addition, a provision was also added to allow the Chairman the discretion to allow for citizens to continue speaking beyond the time limitation for a reasonable period, not to exceed one (1) minute. In addition, an additional section related to the option for holding electronic meetings has been added in accordance with the requirements set forth in Sections 2.2-3708, 2.2-3708.1 and 2.2- 3710 of the Code of Virginia (1950, as amended). It is recommended that such language be included to ensure the Board has the legal authority to conduct such a meeting should the need arise. RECOMMENDATION: Review and provide any suggested revisions to the By-Laws and Rules of Procedure the Board deems appropriate. ATTACHMENT: Proposed revisions to the 2014 By-Laws and Rules of Procedure ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS BY-LAWS AND RULES OF PROCEDURE Revised and Adopted April 17, 2014 Revised and Adopted by the Board of Supervisors April 17, 2014 Page 2 ARTICLE 1 – PURPOSE AND BASIC PRINCIPLES SEC. 1-1. PURPOSE OF BY-LAWS AND RULES OF PROCEDURE A. To enable County government to transact business expeditiously and efficiently affording every opportunity to citizens to witness and participate in the operation of government; B. To protect the rights of each individual Board Member; C. To preserve the spirit of cooperation among Board members; and D. To determine the will of the Board on all matters. SEC. 1-2. FIVE BASIC PRINCIPLES UNDERLYING BY-LAWS AND RULES OF PROCEDURE A. Only one subject may claim the attention of the Board at one time; B. Each item presented for consideration is entitled to full and free discussion; C. Every member has rights equal to every other member; D. The will of the majority must be carried out, and the rights of the minority must be preserved; and E. The desires of each member should be merged into the larger unit of the Isle of Wight County Board of Supervisors. ARTICLE 2 – MEETINGS SEC. 2-1. WHEN AND WHERE REGULAR MEETINGS HELD A. The time and place of regular meetings and work sessions of the Board of Supervisors (hereinafter referred to as “the Board”) shall be established at each annual organizational meeting. Such regular meetings shall be held in the Robert C. Claud, Sr. Board Room on the third (3rd) Thursday of the month. Such meetings shall begin at 5:00 p.m. for closed session purposes only, with all other matters to be heard and considered at 6:00 p.m. Should the Board subsequently change the date, time or place of a regular meeting, it shall comply with the requirements of Section 15.2-1416 of the Code of Virginia (1950, as amended). B. Work session meetings shall be held at the same place as regular meetings at such time(s) as may be determined by the Board. SEC. 2-2. CONTINUED MEETINGS A regular or work session meeting shall be continued to the immediately following regular meeting date, time and place, unless otherwise set, if the Chair, or Vice Chair if the Chair is unable Revised and Adopted by the Board of Supervisors April 17, 2014 Page 3 to act, finds and declares that weather or other conditions are such that it is hazardous for members to attend the regular meeting. Such finding shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement is required. SEC. 2-3. MEETING TERMINATION Meetings of the Board shall terminate not later than 11:00 p.m.; provided, however, with majority consent of those members present and voting, a meeting may be extended. SEC. 2-4. SPECIAL OR EMERGENCY MEETINGS A. The Board may hold such special or emergency meetings, as deemed necessary, at such date, time and place as it may find convenient; and it may adjourn from time to time. A special or emergency meeting of the Board shall be called pursuant to Sections 15.2-1417 and 15.2-1418 of the Code of Virginia (1950, as amended). B. Special or emergency meetings may be called by the Chairman or any two (2) members in writing to the County Administrator for any purpose stated in the notice of the special or emergency meeting pursuant to Section 15.2-1418 of the Code of Virginia (1950, as amended). Only matters specified in the notice shall be considered unless all of the members of the Board are present. C. Notice, reasonable under the circumstances, to the public and press of any special or emergency meeting shall be given contemporaneously with the notice provided the members of the Board and the County Attorney. SEC. 2-5. LEGAL HOLIDAY When a regularly scheduled meeting falls on a legal holiday, the meeting shall be held on the following business day unless the meeting is canceled by a majority of the Board. SEC. 2-6. ANNUAL ORGANIZATIONAL MEETING A. The Board shall meet on the first (1st) Thursday of January of each year which shall be known as the annual organizational meeting. The County Administrator shall preside during the annual organizational meeting pending the election of the Chair of the Board. B. The Chair shall be elected at the annual meeting for a term of one year, ending at the commencement of the organizational meeting the following year. C. Following the election of the Chair, he or she shall assume the Chair and conduct the election of the Vice Chair for the same term. D. Following the election of the Vice Chair, the Board shall: Revised and Adopted by the Board of Supervisors April 17, 2014 Page 4 1. Appoint the Clerk of the Board (as set forth herein); 2. Establish dates, times and places for its regular meetings; 3. Adopt its By-Laws and Rules of Procedure; and 4. Appoint Board members to standing and ad hoc committee. SEC. 2-7. PROCEDURE FOR ELECTION OF OFFICERS A. The following procedures shall be followed to elect the Chair and Vice Chair: 1. The presiding officer shall call for nominations from the membership. 2. Any member, after being recognized by the presiding officer, may place one or more names in nomination and discuss his or her opinions on the qualifications of the nominee(s). 3. When all nominations have been made, the presiding officer shall close the nominating process and call for the vote. 4. Each member may cast one vote for any one nominee. 5. A majority of those voting shall be required to elect the officer. B. Officers shall serve until replaced. SEC. 2-8. SEATING ARRANGEMENT The Board Chair shall occupy the center seat on the dias with the Vice Chair occupying the seat at his or her immediate left. The remaining members of the Board shall determine their seating arrangement by seniority with the most senior member selecting his or her seat first and the remaining members selecting their respective seats in seniority order based on years served on the Board. In the event that two or more Board members have equal seniority, the selection of seating for those members shall be by alphabetical order. SEC. 2-9. QUORUM AND METHOD OF VOTING A. At any meeting, a majority of the Board shall constitute a quorum. B. All actions authorized by the Board shall be pursuant to a roll call vote which shall be taken by the Clerk or Deputy Clerk of the Board. The Clerk or Deputy Clerk shall call the name of each member and receive in reply the vote of such member as either “Yes” or “No” on the measure being considered. At the beginning of any meeting, the Clerk shall conduct a silent roll call of members present and absent. Revised and Adopted by the Board of Supervisors April 17, 2014 Page 5 C. The order of voting shall be as called by the Clerk of the Board, with the Chair voting last. D. If there is an abstention, it shall be the responsibility of the Chair to note the abstention for the record and to request that the member abstaining state his or her reason for abstaining for the record. E. A tie vote fails. F. A motion to approve which fails shall be deemed a denial of the question on the floor. SEC. 2-10. CLOSED MEETING A. Closed meetings should only be used when the matter to be discussed is too sensitive for discussion in public. B. No meeting shall become a closed meeting until the Board takes an affirmative recorded vote in open session. Any member dissenting in such vote shall state the reason for the dissent. 1. The motion to move to closed session shall state specifically the purpose or purposes which are the subject of the closed meeting and reasonably identify the substance of the matters to be discussed. The motion shall make specific reference to the applicable exemption(s) under the Freedom of Information Act, which authorizes the closed meeting. 2. The County Attorney shall assist the members in formulating the proper motion to move to closed session in accordance with the requirements of the Freedom of Information Act. C. No resolution(s), ordinance(s), rule(s), contract(s), regulation(s) or motion(s) considered in a closed meeting shall become effective until the Board reconvenes in an open meeting and takes a vote of the membership on such resolution(s), ordinance(s), rule(s), contract(s), regulation(s) or motion(s) which shall have its substance reasonably identified in the open meeting. D. At the conclusion of a closed meeting, the Board shall reconvene in open session immediately thereafter and shall cast a vote certifying that to the best of each member’s knowledge: 1. Only public business matters lawfully exempted from open meeting requirements were discussed; and 2. Only public business matters identified in the motion convening the closed meeting were heard, discussed or considered. Revised and Adopted by the Board of Supervisors April 17, 2014 Page 6 Any member who believes that there was a departure from the above requirements shall so state prior to the Chair’s call for the vote, indicating the substance of the departure that, in his or her judgment, has taken place. E. The failure of the certification to receive the affirmative vote of the majority of the members present during the closed meeting shall not affect the validity or confidentiality of the closed meeting with respect to matters considered therein in compliance with the Freedom of Information Act. F. The Board may permit non-members to attend a closed meeting if their presence will reasonably aid the Board in its consideration of an issue. SEC. 2-11. ELECTRONIC MEETINGS Except as provided for in this Section 2-11, the Board shall not conduct any meeting wherein the public business is discussed or transacted through telephonic, video, electronic or other communication means where the members are not physically assembled. A. Quorum Physically Assembled – a Board member may participate in a meeting through electronic communication means from a remote location that is not open to the public if: 1. on or before the day of a meeting, the Board member notifies the Chair of the Board that he or she is unable to attend the meeting due to an emergency or personal matter and identifies with specificity the nature of the emergency or personal matter, and the Board (a) approves the member’s participation by a majority vote of the members present at a meeting and (b) the Board records in its minutes the specific nature of the emergency or personal matter and the remote location from which the member participated. In deciding whether or not to approve a Board member’s request to participate from a remote location, the Board shall not consider the identity of the member making the request or the matters that will be considered or voted on at the meeting. If a Board member’s participation from a remote location is disapproved, such disapproval will be recorded in the minutes with specificity. Such participation by a Board member shall be limited each calendar year to two meetings or twenty-five percent (25%) of the meetings of the Board, whichever is fewer; or 2. a Board member notifies the Chair that he or she is unable to attend a meeting due to a temporary or permanent disability or other medical condition that prevents the member’s physical attendance and the Board records this fact and the remote location from which the member participated in the minutes. A Board member may participate in a meeting by electronic means pursuant to this subsection A only when a quorum of the Board is physically assembled at the primary or central meeting location and the Board makes arrangements for the voice of the remote participant to be heard by all persons at the primary or central meeting location. B. Quorum Not Physically Assembled – the Board may meet by electronic communication means without a quorum physically assembled at one location when the Governor Formatted: Font: Times New Roman Bold, Bold, Underline,Small caps Formatted: Font: Times New Roman Bold, Bold, Underline, Small caps Revised and Adopted by the Board of Supervisors April 17, 2014 Page 7 of the Commonwealth of Virginia has declared a state of emergency in accordance with Section 44-146.17 of the Code of Virginia (1950, as amended), provided that: 1. the catastrophic nature of the declared emergency makes it impracticable or unsafe to assemble a quorum in a single location, and 2. the purpose of the meeting is to address the emergency. If it holds a meeting pursuant to this subsection B, the Board shall: 1. give public notice using the best available method given the nature of the emergency contemporaneously with the notice provided members of the Board; 2. make arrangements for public access to the meeting; 3. make available to the public, at the time of the meeting, agenda packets and all materials, unless exempt, that will be distributed to members of the Board in sufficient time for duplication and forwarding, as best as practicable given the emergency, to all locations at which public access will be provided; 4. record minutes of the meeting; and 5. record in the minutes votes taken by name in roll-call fashion. The nature of the emergency, the fact that the meeting was held by electronic communication means and the type of electronic communication means by which the meeting was held shall be stated in the minutes of the meeting. C. Reporting – if a Board meeting is held by electronic communication means, the Board shall: 1. make a written report of the following to the Virginia Freedom of Information Advisory Council and the Joint Commission on Technology and Science by December 1 of each calendar year: a. the total number of electronic communication meetings held that year; b. the dates and purposes of the meetings; c. a copy of the agenda for each meeting; d. the number of sites for each meeting; e. the types of electronic communication means by which the meetings where held; f. the number of participants, including members of the public, at each meeting location; g. the identity of the members of the Board recorded as absent and those recorded as present at each meeting location; Formatted: List Paragraph, Numbered + Level: 1 +Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +Aligned at: 1.5" + Indent at: 1.75" Revised and Adopted by the Board of Supervisors April 17, 2014 Page 8 h. a summary of any public comment received about the electronic communication meetings; and i. a summary of the Board’s experience using electronic communication meetings, including its logistical and technical experience. 2. make copies of the public comment form prepared by the Virginia Freedom of Information Advisory Council available to the public. ARTICLE 3 – OFFICERS SEC. 3-1. CHAIR AND VICE CHAIR The Chair shall preside over all meetings of the Board. The Vice Chair serves in the absence of the Chair. In the absence from any meeting of both the Chair and Vice Chair, the members present shall choose one of their members as temporary chair. The Chair shall make all appointments to standing or ad hoc Board Committees. Substitutes or alternates to Board Committees may participate only if so authorized by the Chair. SEC. 3-2. CLERK The Clerk of the Board shall be appointed by the Board at its annual organizational meeting, and the duties and responsibilities of the Clerk shall be as set out in Sections 15.2-1538 and 15.2-1539 of the Code of Virginia (1950, as amended). The Board may also designate a Deputy Clerk, and at the discretion of the Board, any County employee can be designated as Temporary Clerk. SEC. 3-3. PARLIAMENTARIAN The County Attorney, or his or her designee, shall serve as the Parliamentarian for the purpose of interpreting these By-Laws and Rules of Procedure, Robert’s Rules of Order and the Code of Virginia, as may be directed by the Chair, or as required as a result of a point of order raised by any one or more Board member. If the County Attorney, or his or her designee, is unavailable, the County Administrator shall serve as the Parliamentarian. SEC. 3-4. PRESERVATION OF ORDER A. At meetings of the Board, the presiding officer shall preserve order and decorum. B. Board members shall not speak until recognized by the Chair. Board members shall address the Chair or address other members through the Chair. After being recognized by the Chair, a Board member shall not be interrupted, except when a point of order is called or when requested to yield the floor by another member. SECTION 4 – CONDUCT OF BUSINESS SEC. 4-1. ORDER OF BUSINESS Revised and Adopted by the Board of Supervisors April 17, 2014 Page 9 A. At regular meetings of the Board on the third (3rd) Thursday of the month, the order of business shall generally be as follows: 1. Closed Meeting (if necessary) (commencing at 5 p.m.) 2. Call to Order - Silent Roll Call of Members (commencing at 6 p.m.) 3. Invocation - Pledge of Allegiance 4. Approval of Agenda 5. Consent Agenda 6. Regional Reports 7. Appointments (if necessary) 8. Special Presentations 9. Citizens’ Comments 10. Public Hearings (if necessary) 11. County Attorney’s Report (if necessary) 12. County Administrator’s Report 13. Unfinished/Old Business 14. New Business 15. Information Items 16.15. Adjournment B. The above order of business may be modified by the County Administrator to facilitate the business of the Board. C. Regional reports and special presentations are limited to five (5) minutes per speaker. This time may be extended at the discretion of the Chair. D. Citizens’ Comments shall be governed by the following rules: Revised and Adopted by the Board of Supervisors April 17, 2014 Page 10 1. Citizens’ Comments shall be for the limited purpose of allowing members of the public to present any matter, which, in their opinion, deserves the attention of the Board. They shall not serve as a forum for debate with the Board or individual members of the Board. 2. Board members shall not discuss issues raised by the public except by consent of a majority of the Board members present. 3. Citizens wishing to speak during the Citizens’ Comments portion of the agenda shall sign the registration form, identifying, with reasonable certainty, the subject matter of his or her comments prior to the commencement of the Citizens’ Comments portion of the agenda. Citizens who do not sign the registration form prior to the commencement of Citizens’ Comments may address the Board at the end of the meeting. 4. Remarks shall be addressed directly to the Board and not to staff, the audience or the media. 5. The Chair shall open Citizens’ Comments. 6. The Parliamentarian will explain the Citizens’ Comments policy prior to the commencement of the first citizen’s comment(s) being received by the Board. 7. The Chair will call on each speaker who has signed the registration form in the order upon which their name shall appear on the registration form. 8. Each speaker shall clearly state their name and address and/or election district of residence, and shall be subject to a three (3) minute time limitation. The Parliamentarian shall be responsible for noting the expiration of time limits, and the Chair shall be responsible for enforcing it., to be kept and enforced by the Parliamentarian. If the speaker represents a group of individuals in attendance at a particular meeting, there shall be a time limit of five (5) minutes.If a speaker represents a group, there shall be time limit of five (5) minutes. For purposes of this section, a “group” shall constitute ten (10) or more individuals. No speaker shall address the Board more than once during Citizens’ Comments at any single Board meeting and citizens shall not donate their unused speaking time to another speaker. Notwithstanding the time limitations stated herein, the Chairman may, at his or her discretion, allow any citizen to speak beyond the designated time limitation for a reasonable period of time, not to exceed an additional one (1) minute. 9. There shall be no comment during Citizens’ Comments on a matter for which a public hearing is scheduled during the same meeting. 10. There shall be no comment during Citizens’ Comments on a matter which has already been the subject of a previous public hearing where no final vote has been taken by the Board. 11. Any issue raised by the public which the Board wishes to consider may be put on the agenda for the next Board meeting by a majority vote. Revised and Adopted by the Board of Supervisors April 17, 2014 Page 11 12. Public comment shall be germane to policies, affairs and services of the county government. Public comment shall not be used to make political campaign speeches, private advertisements or personal attacks. 13. The above rules notwithstanding, members of the public may present written comments to the Board or to individual Board members at any time during the meeting. Such written comments shall be submitted through the Clerk and shall become a part of the record. SEC. 4-2. CONSENT AGENDA A. The Consent Agenda shall be introduced by a motion “to approve”, and shall be considered by the Board as a single item. B. Upon the request of any Board member, an item may be removed from the Consent Agenda for consideration after approval of the remaining items on the consent agenda. SEC. 4-3. CONDUCT OF MEETINGS When two or more members of the Board wish to speak at the same time, the Chair shall name the one to speak. The Chair may call a brief recess at any time. The Chair may order the expulsion of a disorderly member of the public, subject to appeal to the full Board. The Chair may automatically adjourn, without benefit of any motion or debate, any meeting of the Board. SEC. 4-4. FORM OF PETITIONS, ETC. Every petition, communication or address to the Board shall be in respectful language and is encouraged to be in writing. SEC. 4-5. MOTIONS A. Members are required to obtain the floor before making motions or speaking, which they can do while seated. B. Motions need not be seconded. C. Informal discussion of a subject is permitted while no motion is pending. D. A substitute motion shall be allowed to any motion properly on the floor; it shall have precedence over an existing motion and may be discussed prior to being voted on. If the substitute motion fails, the former motion can then be voted upon. If the substitute motion passes, the substitute motion shall be deemed the main motion and shall stand as having been passed by such vote. If a substitute motion fails, a second substitute motion may be made. No more than two (2) substitute motions may be made. Revised and Adopted by the Board of Supervisors April 17, 2014 Page 12 E. When a motion is under debate, no motion shall be received unless it be one to amend, substitute, commit or refer for study, postpone, call for the previous question, lay on the table, or to adjourn. F. The Chair need not rise while putting questions to vote. G. The Chair can speak in discussion without rising or leaving the chair; and, can make motions and vote on all questions. H. A motion to call for the question is not in order until every member of the Board has had an opportunity to speak. I. When a vote upon any motion has been announced, it may be reconsidered on the motion of any member who voted with the prevailing side provided that such motion shall be made at the session of the Board at which it was decided. Such motion for reconsideration shall be decided by a majority of the votes of the members present. A member present at the meeting but temporarily absent during a vote may move for reconsideration. J. A motion to rescind shall not be in order for a land use decision involving a rezoning or a conditional use permit. K. A motion to adjourn shall always be in order. SEC. 4-6. DECISIONS ON POINTS OF ORDER The Chair, when presiding at a meeting of the Board, without vacating the chair, shall refer any point of order to the Parliamentarian. The Parliamentarian shall advise the Chair who shall then make a ruling on the point of order. A Board member may appeal the ruling of the Chair to the full Board which shall decide the matter by majority decision. SEC. 4-7. SUSPENDING RULES One or more of these By-Laws and Rules of Procedure may be temporarily suspended by a two-thirds (2/3) vote of the members present, or by unanimous consent. SEC. 4-8. ROBERT’S RULES OF ORDER The proceedings of the Board, except as otherwise provided in these By-Laws and Rules of Procedure and by applicable state law, shall be governed by Robert’s Rules of Order. ARTICLE V – PUBLIC HEARINGS SEC. 5-1. PUBLIC HEARING AUTHORIZATION Revised and Adopted by the Board of Supervisors April 17, 2014 Page 13 The County Administrator, or his/her designee, shall be authorized to set public hearings for such regular meetings as are appropriate in order to effectuate the timely consideration of matters requiring Board consideration . SEC. 5-2. FORMAT FOR PUBLIC HEARINGS A. The following format shall be followed for all Public Hearings conducted before the Board: 1. The Chair will make a brief statement identifying the matter to be heard and verify that all legal notification requirements have been met. 2. The Chair will call upon the appropriate county staff member to present the item to be heard. Staff presentations should be concise. 3. The applicant may appear on his own behalf, or be represented by counsel or an agent. The applicant, or his counsel or agents, shall have a combined total of ten (10) minutes to speak to the application. 4. The Chair will open the floor to public comment, if any, after the applicant, or his counsel or agent, has spoken. Any private citizen may speak for or against the issue. The Clerk shall prepare a registration form for citizens to sign their name, address and/or election district of residence. The Chair shall call each speaker in the order that their name appears on the registration form. Each speaker shall clearly state his or her name, address and/or election district of residence for the record. Citizen comments are limited to three (3) minutes per citizen speaker. If the speaker represents a group of individuals in attendance at a particular meeting, there shall be a time limit of five (5) minutes. For purposes of this section, a “group” shall constitute ten (10) or more individuals. The applicant, or his counsel or agent, shall be given the opportunity for rebuttal, which shall last for no more than five (5) minutes. Notwithstanding the time limitations stated herein, the Chairman may, at his or her discretion, allow any citizen to speak beyond the designated time limitation for a reasonable period of time, not to exceed an additional one (1) minute. 5. Speakers will be given a warning one (1) minute prior to the expiration of their presentation time. 6. The Parliamentarian shall be responsible for noting the expiration of time limits, and the Chair shall be responsible for enforcing it. 7. Upon the conclusion of public comments or the applicant’s rebuttal, the Chair shall close the public hearing. B. When a public hearing shall have been closed by order of the Chair, no further public comments shall be received by the Board. However, any Board member may ask a question of any person who spoke during the public hearing after being recognized by the Chair to do so. Revised and Adopted by the Board of Supervisors April 17, 2014 Page 14 C. Following the close of the public hearing, the Chair may entertain a motion to dispose of the issue and the Board may debate the merits of the issue. ARTICLE 6 – AGENDA SEC. 6-1. PREPARATION A. The Clerk shall prepare an agenda, at the direction of the County Administrator, for the regularly scheduled meetings conforming to the order of business specified in Section 4-1 entitled “Order of Business”. B. All items which are requested to be placed on the agenda which have not been submitted within the prescribed deadline, as set by the County Administrator, shall be placed on the next regular agenda for consideration. C. Nothing herein shall prohibit the Board from adding items to the agenda, provided that such a request is in the form of a motion, voted upon by a majority of the Board. Members must use discretion in requesting the addition of items to the agenda. It is considered desirable to have items listed on the published agenda. SEC. 6-2. DELIVERY OF AGENDA The Board agenda and related materials shall be received by each member of the Board and the County Attorney on the Friday before the scheduled regular meeting. The Clerk of the Board may request an adjustment to the delivery schedule due to special circumstances. SEC. 6-3. COPIES The Clerk shall prepare or cause to be prepared extra copies of the agenda and shall make the same available to the public and the press in the Office of the County Administrator and on the County website. The Clerk shall also have at least one hard copy available at each regular meeting. SEC. 6-4. COMMENTS, QUERIES OF BOARD MEMBERS Board members are to observe the following rules during the discussion of agenda items: 1. The Chair shall ensure that Board comments are constructive and contain no personal attacks of staff or other Board members. 2. The Chair shall keep discussion germane to the subject. Points of clarification shall be limited to questions only. The Chair shall rule other comments out of order. 3. Board members may address questions to the County Administrator or staff member presenting at the meeting. Staff members should be at the podium when addressing Board members’ questions. All legal questions should be addressed to the County Attorney. Revised and Adopted by the Board of Supervisors April 17, 2014 Page 15 ARTICLE 7 – BOARD, AUTHORITIES, COMMISSIONS AND COMMITTEES SEC. 7-1. APPOINTMENTS TO BOARDS, AUTHORITIES, COMMISSIONS & COMMITTEES Members of boards, authorities, commissions and committees shall be appointed by a majority of the Board after review of qualifications and discussion in Closed Meeting. Proposed appointments shall be voted upon under the Appointments section of the Agenda. Appointees’ terms shall run in accordance with the applicable by-laws of such boards, authorities, commission or committees to which the appointee is appointed, unless a shorter term is specified by the Board. Subject to any state law provisions to the contrary, all appointees to boards, commissions and committees serve and may be removed, with or without cause, at the pleasure of the Board. SEC. 7-2. ATTENDANCE Members of any standing or ad hoc board, authority, committee or commission of the Board, or of any committee to which the Board appoints a member, shall be expected to attend every scheduled meeting of the body to which they have been appointed. It shall be the duty of the chairman of any Board of Supervisors’ appointed committee to annually report to the Board, but in no event later than the Board’s regular meeting in March, the level of attendance of members for that particular body for the prior calendar year. Any member of an appointed body who fails to attend a minimum of seventy-five percent (75%) of the scheduled meetings of that particular body in any given calendar year may, at the discretion of the Board, be deemed to have forfeited his or her membership on that body. In the event that the Board determines that an appointee has forfeited his or her appointment pursuant to this section, the Clerk of the Board shall notify, in writing, the appointee of his or her removal from that body based upon his or her failure to attend there required percentage of scheduled meetings and shall thank the appointee for his or her service to the community. Upon the appointment of any appointee, the Clerk of the Board shall forward to the member a copy of this section. SEC. 7-3. PLANNING COMMISSION MEMBERS ATTENDANCE Notwithstanding the foregoing provision, a member of the Planning Commission may be removed from office by the Board without limitation in the event that the commission member is absent from any three (3) consecutive meetings of the commission, or is absent from any four (4) meetings of the commission within any twelve (12) month period. In either such event, a successor shall be appointed by the Board for the unexpired portion of the term of the member who has been removed. SEC. 7-4. BY-LAWS AND RULES OF PROCEDURE OF BOARDS, AUTHORITIES, COMMISSIONS AND COMMITTEES The By-Laws and Rules of Procedure of any board, authority, commission or committee not established by state law shall be submitted to the Board for approval prior to becoming effective. SEC. 7-5. ROLE OF STANDING OR AD HOC BOARD COMMITTEES Revised and Adopted by the Board of Supervisors April 17, 2014 Page 16 The role of any standing or ad hoc committee(s) of the Board, as they may be created from time to time, shall be to review and consider all matters properly placed before them by motion of the Board. After review and consideration of such matters, the standing or ad hoc committee shall provide the Board with its formal recommendation for action through such report as may be determined appropriate by the County Administrator in the Board’s regular agenda as set forth herein. ARTICLE 8 – GENERAL OPERATING POLICY SEC. 8-1. ACTIONS BY INDIVIDUAL MEMBERS OF THE BOARD It shall be the policy of the Board that no member(s) shall exert individual action or direct any county employee or initiate any action or assert their individual preference(s) in a manner that would require a county employee to perform any action contrary to the laws, ordinances or policies of Isle of Wight County or which would require the expenditure of public funds in any amount without the approval of the Board. Further, no member of the Board shall seek nor accept more favorable treatment from county officers or employees than would be given to other members of the Board, nor attempt to influence the decisions or recommendations of county appointees, officers or employees. Notwithstanding the foregoing, each Board member may, and is encouraged, to share information with county appointees, officers and employees. SEC. 8-2. NUMBERING AND INDEXING OF RESOLUTIONS, ORDINANCES AND PROCLAMATIONS It shall be the responsibility of the Clerk to number and index all resolutions, ordinances and proclamations of the Board. Resolutions and proclamations shall be numbered consecutively and use the last two digits of the calendar year. For example, for the first resolution in January, 2014, the resolution number would be shown as: Resolution No. 14-01. SEC. 8-3. MINUTES OF THE BOARD The minutes of the Board meeting shall reflect the official acts of the Board and names of the public commenting during public hearings and citizen comments, as well as a summary of the Board’s proceedings at each meeting. They shall reflect the issues discussed and Board comments in summary form. SEC. 8-4. AMENDING BY-LAWS These by-laws may be amended with the concurrence of two-thirds (2/3) of the members present at any meeting subsequent to the introduction of a suggested by-laws amendment. SEC. 8-6. ENACTMENT OF BY-LAWS AND RULES OF PROCEDURE No later than December 1st of each year, the County Attorney shall deliver a copy of the most recently enacted By-Laws and Rules of Procedure to each member and member-elect of the Revised and Adopted by the Board of Supervisors April 17, 2014 Page 17 Board, soliciting any proposed changes to the same. The County Attorney shall prepare proposed amendments based on any such Board comments as directed by passage of a motion and include them in the Agenda for consideration at the Organizational Meeting. November 20, 2014/MCP ISSUE: Resolution to Amend Chapter 8: Miscellaneous - General (Non- Employee) of the Isle of Wight County Policy Manual by Adopting Article VI, Public Notice BACKGROUND: At its regular meeting on November 20, 2014, the Board directed the County Attorney to develop an official policy related to the issuance of public notices. The policy was to be based upon the presentation provided to the Board by the County Attorney, providing for official publications to be made in The Daily Press, with informational notices placed in The Smithfield Times and The Tidewater News. BUDGETARY IMPACT: Implementation of the recommended policy will limit the cost of placing official notices in all three local newspapers. RECOMMENDATION: Adopt a resolution to approve the policy as presented. ATTACHMENT: Proposed Resolution RESOLUTION TO AMEND CHAPTER 8: MISCELLANEOUS – GENERAL (NON-EMPLOYEE) OF THE ISLE OF WIGHT COUNTY POLICY MANUAL BY ADOPTING ARTICLE VI, PUBLIC NOTICE WHEREAS, it is the Isle of Wight County Board of Supervisors intent to ensure that the citizens of Isle of Wight County, Virginia, are, to the greatest extent practicable, kept fully informed of their government’s actions; and, WHEREAS, the Board of Supervisors is cognizant of the statutory public notice requirements necessary to properly perform its functions while also keeping in mind their obligation, to the greatest extent possible, to properly make use of taxpayer dollars; and, WHEREAS, the Board of Supervisors desires to ensure that a standard, uniform policy is put in place to ensure proper compliance with the Board of Supervisors’ wishes as it relates to the issuance of public notices. NOW, THEREFORE, BE IT RESOLVED that Chapter 8: Miscellaneous – General (Non-Personnel) of the Isle of Wight County Policy Manual is hereby amended by adding Article VI, Public Notice as follows: Chapter 8: Miscellaneous – General (Non-Employee) ARTICLE VI Public Notice Section 6.0 Purpose (Adopted December 18, 2014) In order to properly comply with the public notice requirements, as set forth in the relevant sections of the Code of Virginia (1950, as amended), public notices are required to be published in a newspaper having general circulation in Isle of Wight County, Virginia. As such, this policy is intended to ensure proper legal notice of upcoming legislative acts are placed in such a manner as to comply with the provisions of the Code of Virginia (1950, as amended), while providing flexibility and additional notice, above and beyond what is legally required, to as many citizens of Isle of Wight County as possible. Section 6.1 Responsibility (Adopted December 18, 2014) It shall be the responsibility of the Isle of Wight County Attorney’s Office to ensure compliance with this policy. In that regard, all public notices required by the Code of Virginia (1950, as amended) shall be handled exclusively by the Isle of Wight County Attorney’s Office for proper dissemination to the media and payment. Section 6.2 Newspaper of General Circulation (Adopted December 18, 2014) The Isle of Wight County Board of Supervisors does hereby designate The Daily Press as a newspaper of general circulation which shall be the official media outlet for the issuance of public notices in accordance with the Code of Virginia (1950, as amended). Section 6.3 Distribution (Adopted December 18, 2014) All official public notices shall be sent to The Daily Press for publication in order to meet all applicable legal requirements for public notice. In addition, a summary version of the official public notice shall be sent to The Smithfield Times and The Tidewater News for publication so as to provide additional public notice to a larger number of citizens within Isle of Wight County. Such summary notices shall be published one week before the relevant meeting date at which the legislative action is to occur. Adopted this 18th day of December, 2014. _______________________________ Byron B. Bailey, Chairman __________________________ Carey Mills Storm, Clerk Approved as to Form: ___________________________ Mark C. Popovich, County Attorney ISSUE: Staff Report – Legislative Update BACKGROUND: As a part of the County’s ongoing legislative program, staff has reached out to all of the members of the County’s Legislative Delegation to discuss the Board’s Legislative Priorities. To date, staff has met with Senator L. Louise Lucas, Delegate Roslyn D. Tyler and the staff of Senator Thomas K. Norment. Senator Lucas and Delegate Tyler have agreed to patron legislation to address the following:  Taxing Powers – Admissions Tax, Meals Tax, Transient Occupancy Tax, Tobacco Tax  Inequities in Authority Provided to Cities and Towns vs. Counties – Public Notices for Ordinance Amendments, Adoption Deadline for School Budgets  HRTAC – Chief Elected Officer or his/her designee RECOMMENDATION: For the Board’s information. ATTACHMENTS: None December 18, 2014/fah/Stoup Property Options ISSUE: Staff Report – Stoup Property Use Options BACKGROUND: In 2008, the Board purchased the Stoup Property as a means to control the gateway into County. In 2012, staff was directed to put the property on the market for sale. The County has received no viable offers for the property since it has been on the market. Therefore, the County Administrator directed staff to determine the highest and best use of the property to provide the Board with further options for the best interest of the County. Staff will provide a presentation to the Board with the results of its findings. BUDGET IMPACT: None RECOMMENDATION: Motion to authorize staff to make application for a Planning Grant from the Department of Housing and Community Development. ATTACHMENT: None Staff Report: 911 System Replacement; CBM; 12-18-2014 ISSUE: Staff Report: Emergency Communications Center (ECC) Board Chairman Advisement of 911 System Replacement Needs BACKGROUND: Sheriff Mark Marshall, Chairman of the Isle of Wight County ECC Board, Lieutenant Ron Bryan of the Isle of Wight Sheriff’s Department, and Terry Hall, Director of the Peninsula Regional Communications Center will provide the Board of Supervisors with a report on the County’s 911 system infrastructure and the need for replacement. BUDGETARY IMPACT: There is no budget impact at this time. RECOMMENDATION: For the Board’s information. ATTACHMENT: Isle of Wight Public Safety Radio Communications Review   Isle of Wight County, Virginia Public Safety Radio Communications Review August 21, 2014 Engineering Associates, Inc. Communications Engineering and Consulting Since 1954 1220 Old Alpharetta Road, Suite 390 Alpharetta, GA 30005 Phone (678) 455-7266  Fax (678) 455-9223 www.engineeringassociates.com Isle of Wight County Radio Communications Review 1 | Page    Overview Isle of Wight County is in need of improvements to their Public Safety radio communication systems to protect the lives and property of their citizens, employees and visitors. The County should take immediate steps to improve their communications so their Public Safety operations are not compromised by the communication limitations of their existing radio systems. In this report we identify the needs of the County’s Public Safety departments, review the existing assets and operations, provide an overview of the frequency conditions within the County and discuss short-term and long-term recommendations in preparation for working with the County on a specific strategic plan. This information was gathered through interviews with County and town personnel, through interviews with radio service organizations and by conducting site walks and documentation reviews of your current radio system. From this information we have both short-term and long-term system and organizational changes that we have identified. Isle of Wight’s current system and components are beyond manufacturers’ end of life and relies on used parts, it is plagued with noise and interference that are common to VHF systems and does not provide the in-building potable radio coverage that is required to meet public safety operational needs. The County has fundamentally four options: Option 1: Do nothing. The County can choose not to invest in public safety, and ultimately citizens’ safety with this option. The radio infrastructure at the tower sites and in dispatch will continue to decline and fail putting Public Safety lives at risk, increasing 911 call response times and wasting resources as departments compensate for lack of communication. Option 2: Rebuild the existing VHF system. The advantage to this is that the system and subscribers, portable and mobile radios, would be new but the design would still not support public safety operations. The design issues are lack of in-building portable radio coverage, VHF frequencies that are plagued with interference and extremely difficult to expand to new sites to meet FCC regulations fundamental equipment and continued isolation from the Hampton Roads Region 800 MHz systems for mutual aid. While VHF equipment is slightly less expensive than other equipment in the marketplace, the VHF spectrum is not a good foundational platform in Isle of Wight for a VHF system investment. Isle of Wight County Radio Communications Review 2 | Page    Option 3: Move your Public Safety operations to an 700/800 MHz radio platform in a stand- alone design. The advantage of this clear radio communication for your public safety personnel as the FCC provides better protections of the 700/800 MHz spectrum thereby reducing interference today and in the future. This will reduce stress and frustration in your 911 dispatch center and with the field personnel caused by poor radio communications. This new design will be built to public safety standards for 95% of locations and 95% of time coverage, reliability and provide additional safety features to users including emergency alerts, encryption and network management. The current expected life of an 700/800 MHz platform is 15-25 years. This means that it is a good long-term investment in citizen safety and employee safety. A tower site and shelter investment typically will have a 50 year expected life with proper maintenance. The equipment typically has a 10-20 year expected life, prolonged by periodic investments in hardware and software. Our budgetary estimate of probable investment by the County in a stand- alone 700/800 MHz system is $11,875,200. Option 4: Join an existing 700/800 MHz regional radio system. This improves the ability of Isle of Wight to give and receive mutual aid with the Hampton Roads municipalities which is significant in the sharing of public safety resources of all types and significant improvement in Isle of Wight’s ability to respond to significant events such as hurricanes. This also puts Isle of Wight in a position to receive DHS grant funds for regional communications systems. This option has all of the advantages of option 3 while fundamentally reducing the total investment by Isle of Wight. Our preliminary estimate of savings on just the radio system is $1M+. The opportunities for savings in a regional radio system are from sharing switches and network equipment, tower sites and coverage, system management and support responsibilities and overall purchasing power. These advantages ultimately multiply as communities share 911 resources and technologies, ultimately providing a greater level of service to their citizens. When comparing stand alone-solutions to regional radio systems, Isle of Wight should consider their public safety operations, the governance of the system, the technology requirements and the financial requirements. Needs Assessment Coverage Needs: The Public Safety community throughout Isle of Wight County requires a radio system that provides industry standard 95% coverage reliability with portable radios from inside vehicles and buildings throughout the County. This high level of coverage reliability in a radio system is required for mission-critical voice communications. Today all users cannot effectively Isle of Wight County Radio Communications Review 3 | Page    communicate using the existing infrastructure due to large areas of marginal or no portable radio communications. Isle of Wight County currently owns, operates and maintains standalone radio systems that were originally designed for mobile radio communications and are being used for portable radio operations. Operationally an officer can’t count on going back to the mobile radio in the vehicle to call for help. This operational change drives the need for radio systems to have portable radio coverage throughout the County. As Public Safety personnel spend 80-90% of their time in vehicles or in buildings, this also drives the design requirements for coverage. While we have used law enforcement as the example, other areas of government (Fire and EMS, Public Works, etc.) are doing more with fewer people and portable radio communications are required to effectively support this change. Portable in-building coverage is required in the populated areas throughout the County. As Isle of Wight County is mostly rural and residential, the overall in-building coverage specifications should be for residential type structures in populated areas and the specification should become more stringent in areas with concentrations of larger structures – primarily in towns, business districts and in industrial areas such as local plants. System Availability: The Public Safety community needs a radio communication system that supports their operations during critical incidents including extreme weather conditions, high- risk rescues and intense law enforcement operations. The availability of the system should approach 99.999% which puts the down time on the system in seconds or minutes a year. Availability is based on reliability and the reliability of a radio system is based on three factors: components, sites and networks. Isle of Wight needs equipment components manufactured to meet Public Safety standards. These components should use current standards that relate to their design and operation, including but not limited to ANSI, TIA, APCO, NFPA, IEEE, NTIA and other relevant standards. Reliable equipment is the foundation to building reliable systems. An appropriate level of spare parts is also instrumental in keeping the system operational in the event of failure. In addition to component reliability, Isle of Wight needs a radio system designed and built with site reliability in mind. Tower sites and equipment should be installed following current industry recognized guidelines (i.e., Harris Site Grounding and Lightning Protection Guidelines AE/LZT 123 4618/1, Motorola R56 Standards and Guidelines for Communications Sites, or equivalent.) This includes the use of generators, UPSs, surge protectors, HVAC, grounding standards, electrical standards, redundant equipment and fault-tolerant equipment. These considerations Isle of Wight County Radio Communications Review 4 | Page    should be apparent in the radio systems, interconnection systems and any subsystem that supports the County infrastructure. In addition, the condition of the sites should be monitored via an alarm and control system that allows remote diagnostics of each site. Finally, the network must be designed and built to high-reliability standards. When referring to the network, we mean the equipment used to connect the individual sites to make them function properly as a group. The network should have fault-tolerance and redundancy designed into its operation. It should come with a network management-and-diagnostic system that allows for easy management and interrogation (diagnostics) of network components. Capacity Needs: Isle of Wight County needs countywide radio channels for operations and more tactical channels for local incidents. This is based on two factors: the 480+ radios in operation and the current number of operational channels (Sheriff, Tac 1, Tac 2, Fire Dispatch, Police) supporting Public Safety operations throughout the County, as well as schools. Our estimates would be for 5 clean frequency pairs, or 10 frequencies, that could be licensed and used throughout the County for mission critical portable radio communications on repeaters for the countywide requirements with mobile only (simplex) tactical frequencies. This is based on the FCC guidelines of 100 units per channel. These channels represent the minimum need for capacity assuming that all departments could share them. A trunking system would allow for the most efficient sharing of frequencies and channels. Radio frequencies are diminishing in their availability and Isle of Wight needs to focus on acquiring licenses quickly to support any system design changes. Obtaining frequencies, discussed later in this report, may be difficult in the Isle of Wight and Hampton Roads spectrum-deficient area. Radio Features: The radio users are in need of an Emergency alert on their portable and mobile radios that sends accurate user information to Dispatch. In addition, the Sheriff and Police organizations, at a minimum, would like to encrypt their radio communications. The encryption feature was also requested by Fire Departments to prevent the broadcast of sensitive information. The Fire Department needs ruggedized radios that can handle water, heat and reduce the impact of background noise in the operating environment. The Fire Department also needs a paging system to activate their tone and voice pagers used by volunteers. Additionally, all users need the ability to disable a radio when it is lost or stolen or due to a stuck microphone. Organizational Needs: Isle of Wight needs to make improvements in radio communications a priority within the County. This begins with assigning the role of radio systems manager to a Isle of Wight County Radio Communications Review 5 | Page    specific department or person so the County can address its communications needs across all departments. In our interviews with users, we discovered that there are several different radio systems and sites that serve the Sheriff, Police, Fire, EMS and other government departments throughout the County. There needs to be one organization or body that is responsible for all radio communications throughout the County. This could be either the 911 Board with representatives from all groups, or the Sheriff’s office that has 911 communications and responsibility for Public Safety throughout the County, or a different group entirely. A strong, influential group needs to make improved radio communications a priority. This has traditionally been a weakness within Isle of Wight and it is reflected in the state of the radio communications systems. This group needs to be given the power, resources and funding to address the shortcomings of the current radio system in both the short term and long term. An additional organizational need is the ability to communicate with neighboring jurisdictions via radios. This requirement is driven by the need to receive and provide mutual aid. Per SAFECOM guidelines, the most effective way to meet this need is to have a common core of system infrastructure that is shared on a regional basis. The Hampton Roads Region is predominantly moving towards 700/800 MHz radio platforms. Service Needs: In addition to having a single lead department or individual addressing the communications of the County, the County needs to have a single service organization support both the radio infrastructure and subscribers. We define radio infrastructure as the radio tower sites, antennas, lines, electronics, backhaul circuits, power, radio consoles, etc., that are fixed, and support public radio safety communications. We define subscribers as the portable radios on users’ belts and the mobile radios in vehicles that are used by Public Safety organizations within the County to communicate with Dispatch and field resources. In Isle of Wight today, one service organization supports the radio infrastructure and another supports the subscribers. With this service and support arrangement, overall radio system integrity is compromised due to the fact that changes in subscribers can impact system performance and vice versa. A single service organization, focused on radio system integrity, would improve overall radio system performance, which should translate into improvement in services to citizens. Training Needs: A training program in the proper use of the radio system should be implemented for all county personnel operating within the system. Sheriff, Police, Fire and EMS responders regularly conduct training with the tools used daily in law enforcement operations, fire ground operations and patient care. Training in the use of radio communications equipment is just as important. The radio communications equipment is a critical tool that enhances responder safety Isle of Wight County Radio Communications Review 6 | Page    and is vital to providing law enforcement, fire and EMS services effectively to the public. It is imperative that responders understand radio functionality as well as how the radio system is configured. This is particularly important when implementing technical or operational changes. Funding Needs: While Isle of Wight needs to be a good steward of the taxes they collect, they also have an obligation to provide for public safety in an efficient and effective manner. Reliable communications is a cornerstone for providing Public Safety services to the community and a mission-critical radio system is required to support Public Safety operations. In consideration of the investment a County the size of Isle of Wight needs to make in the radio infrastructure, the County needs to work diligently to apply for grant funds for radios and investigate thoroughly regional cost-sharing strategies for capital and operational expenses. Current VHF System Assets No radio infrastructure is providing radio coverage to support Public Safety’s countywide operations. The current VHF repeaters at Monette, Poorhouse and Walters, supplemented by two (2) satellite receivers at Carrollton Water tank and Holland Water tank, are not providing sufficient portable radio coverage for Public Safety operations. From our interviews with users, portable radios can communicate outdoors only 40-50% of the time in Isle of Wight and they are almost non- operational in any type of building whether residential or commercial structure. The Public Safety standards are for portable radios to operate greater than 95% of the time, in 95% of the locations, in-building or in-vehicle, throughout the Public Safety service area. These standards are based on the fact that Public Safety personnel are in buildings or in vehicles for more than 80% of their shifts. One of the reasons for the recent focus on radio communications in Isle of Wight and other parts of the United States is the 2013 FCC Narrowbanding Mandate. This unfunded mandated from the FCC required that all radio users move from wideband (25 kHz) operation to narrowband (12.5 kHz) operation by January 1, 2013. The operational impact of narrowbanding is a reduction in coverage by 10-25%. In Isle of Wight’s case, this took a radio system that was already marginal in providing in-building portable communications to support public safety operations, and made it worse. Isle of Wight County Radio Communications Review 7 | Page    One of the biggest concerns with the lack of in-building coverage is schools, courts and public buildings. Using the schools as an example, currently dispatch and officers in the field have to contact the school resource officers (SROs) via cell phones to communicate as radios are not operational. This is an officer safety issue for the SROs and also should be a concern for the public if there was an active incident involving fire or law enforcement in the schools. Typically schools are used as shelters during hurricane evacuations making these major incidents dangerous for public safety due to lack of radio communications. The same issues are valid for the other public structures. While poor coverage is the primary problem with the current system, system reliability is also a problem. The radio system failed three times in the month of May due to power failures at the Monette tower site leaving Law Enforcement and Emergency Services without the means to respond to calls from citizens. The loss of commercial power to the repeaters caused the site to switch to the backup generator. The generator kept the power alive at the site until it ran out of fuel. No one in the County was aware that the site was on generator power and that the fuel was low. This is due to the fact that there is no alarm notification to anyone that the power is out at a tower site and a generator is running. When power was restored, the RF repeaters went into a failure mode due to the surge in electricity. Service was called and replacement parts had to be ordered and installed. The fundamental causes of the system and site outage were single points of failure in the system design and supporting systems such as electrical power, generators and then aged equipment. In addition, this outage was compounded due to the fact that Isle of Wight currently does not have any spares for their equipment. The radio infrastructure at the tower sites, the console equipment in dispatch, and the subscriber radios in the field have all exceeded end of life. End of life is an industry term used to describe the situation when a vendor no longer supports the equipment in the field. This forces the local radio service shops to find used parts to support end of life equipment. The impact of the end of life equipment on your public safety operations is extended outages when equipment or components fail. Radio system failures typically occur during weather related events or high traffic events, increasing the stress and frustration on employees in dispatch and the field. In this case we are also using end of life to describe the condition of the mobile and portable radios as most of your fleet is over 10 years old and in the harsh operating environment of public safety, these devices are considered end of life and need to be replaced. While equipment end of life is an issue, the fundamental system design is not supporting public safety operations. Isle of Wight County Radio Communications Review 8 | Page    We have identified that the current system does not provide the coverage for portable radios that operate within buildings throughout the county, and that system failures and system integrity are current issues; Isle of Wight County is also in need of additional channel capacity to more efficiently use channels between departments. From our interviews with Dispatch and field personnel we learned that channel congestion is an issue with the current channels. Channel congestion occurs when there are multiple incidents, or a large incident, that requires many units from one department to respond. The congestion comes from the users all trying to talk at the same time on a single channel or limited channels. The current system does not have enough channels to support current Public Safety operations. From our discussions and understanding of the requirements, Law Enforcement needs additional channels to separate administrative matters from operational and tactical operations while Fire and EMS needs additional channels to handle fire ground operations and to reduce congestion on the primary dispatch channel. The choices the County faces are to either get additional channels in the current VHF frequency spectrum or to deploy a technology that is more efficient at sharing radio channels. As will be explored later in reviewing frequencies technologies, it is extremely unlikely that Isle of Wight County would be successful in obtaining clean VHF frequency spectrum, that could be used countywide, to expand your existing channels. The second way to expand channel capacity is to use a technology that is more efficient at sharing channels than conventional analog. The choices are to use trunked technology, where users share a group of channels dynamically in response to real-time demand, or to use TDMA which in effect provides for two conversations in each traditional channel. TDMA provides for split channels but does not allocate them more effectively the way a trunking system does. The interference on the current VHF system is disrupting public safety operations and therefore Isle of Wight should move off of the VHF spectrum with any long-term mission critical radio project. In our discussions with users, they complained of static and noise on the current VHF channels. The cause of these disruptions to Public Safety channels in the VHF band is frequency interference. Frequency interference is a broad term that covers anything from valid licensed users on the same frequencies communicating simultaneously with the Isle of Wight frequency to unlicensed users intentionally disrupting communications, to interference caused by high voltage lines. No matter what the source, the interference on the existing VHF Public Safety channels is impacting operations. Frequency interference is a common issue with radio users in a frequency dense area such as the Hampton Roads area of Virginia. The possible solutions include: investigating the source, which is often difficult as VHF signals can travel great distances and the interference can come from multiple sources and be intermittent; changing the Isle of Wight VHF frequencies within the band, which may solve the current interference Isle of Wight County Radio Communications Review 9 | Page    problem but may also bring in new VHF interferers and will require you to reprogram all of your repeaters and subscriber radios or change frequency bands to one with tighter FCC regulations. This last choice can seem costly but provides a solid platform for clear, efficient communications for the next 10 to 20 years. The benefit of clean radio communication is invaluable to your employees’ and your citizens’ safety. Early in discussions about radio with Isle of Wight it became apparent there were audio quality issues with the existing system. In addition, through discussions it was determined that neither the infrastructure nor subscribers had recent preventative maintenance. In order to improve the existing system without modifying the design we met with the existing service providers, Atlantic Communications and Gately Communications, in late April of 2014. Both of these companies were eager to help improve radio communications for Isle of Wight. With each group we discussed system and support history, design and short-term recommendations. In early May both entities began a process of evaluation and tuning in an attempt to bring the radio system and subscribers to their optimal performance within the current system design. The user interviews we conducted as part of this needs assessment were in late May so they were in the middle of the system tuning and optimization process. Some of the findings from the discussions with service providers include: 1. The Rushmere site was constructed but never completely activated within the system due to AM radio interference from WNIS. This radio site sits within the AM radio constellation of this 5000 Watt station; 2. Preventative Maintenance had not been requested on the system or subscribers for many years; 3. The repeaters and microwave sub-systems are at the end of life. The service provider is having difficulty sourcing parts; 4. A good number of the portable and mobile radios were out of tune, out of specifications. There were a number of issues that needed to be addressed, water in cables, etc. 5. There are no system spares leading to extended outages. Tower site assets The existing tower sites within Isle of Wight County are a combination of either water tanks or traditional tower sites. In general, these tower sites are not installed following current industry recognized guidelines (i.e., Harris Site Grounding and Lightning Protection Guidelines AE/LZT 123 4618/1, Motorola R56 Standards and Guidelines for Communications Sites, or equivalent.) Isle of Wight County Radio Communications Review 10 | Page    From our investigations, the infrastructure equipment at these sites was installed in 2004 and is therefore ten years old. It has exceeded its life expectancy. The typical lifecycle of infrastructure equipment is approximately 10 years if it is operating in a continuous duty cycle which is how Isle of Wight’s equipment is operating. One of the critical factors in the life cycle evaluation is the operating environment, including environmental conditions. Citing the failure of the repeaters at the Monette tower site as a recent example of the state of equipment, this equipment has exceeded its useful life and Isle of Wight should make immediate plans to fund and implement a replacement system. Individually the tower structures should be inspected, mapped and evaluated by a Virginia licensed professional structural engineer to determine each tower’s capacity to handle any changes in equipment as would be required with any system change. The location of the Monette tower on the Pagan River waterfront is a disadvantage to this site as a valid site in any redesign of the Isle of Wight radio system. From an RF design perspective, most of the coverage from this site is leaving the County over water. The Poor House site is centrally located in the County, which is potentially good from an RF coverage perspective, but this tower has a significant load of antennas and lines so, as mentioned above, any modifications to this site must be carefully reviewed for the impact on the tower’s structural integrity. The equipment shelter at the Poor House site requires a significant investment to be brought up to industry standards for power, grounding, security, etc., and at this time it would be appropriate to budget for a replacement shelter and tower in any new design. The Walters tower, similar to Poor House is located in the middle of the County, which is again potentially good from a coverage perspective, but this site must be investigated in more detail with regards to tower loading. We reviewed the current Rushmere site and its history. This site is currently not active on the system due to AM radio station interference from WNIS. This tower site is not a viable asset to the County in the current system or in any new design. The Carrollton Water Tank and the Holland Water Tank are both good tower sites for the Receive-only VHF designs, even if the current VHF system is not meeting the Public Safety coverage requirements. These water tank sites are too low to be feasible and would require significant modifications if they were to be used in any future transmit/receive repeater-based system. This is due to the fact that LMR RF designs prefer to have antennas separated vertically and this can only be accomplished on a tank that has a tower structure constructed on the top. Modifications of these water tanks would require investments of approximately $100k. The Isle of Wight County Radio Communications Review 11 | Page    construction of taller self-supporting towers would be a better investment and the new towers would have much greater versatility. Isle of Wight County Sheriff’s Office (S.O.) The Isle of Wight County Sheriff’s Office (S.O.) law enforcement operations are hampered by the current radio system as it does not provide portable radio coverage of the County and is subject to noise, interference and system outages. In our interviews with deputies, the number one issue we discussed was poor portable radio coverage throughout the County and specifically in buildings. Poor radio coverage puts deputies at risk when they are making traffic stops, serving warrants or responding to calls in residences and businesses throughout the County. They have marginal portable radio communications from within buildings and only have 40-50% coverage with portable radios outdoors (est. DAQ 3.0). When inside buildings, portable radio coverage drops to 20% or less. Mobile radios work at about 80% coverage reliability throughout the County. The deputies complain of not being able to hear Dispatch more often than dispatchers are unable to hear them. This is a huge officer safety issue. The solution is to change the system design to improve coverage and the reliability of the system. The Isle of Wight County Sheriff’s Office (S.O.) has 50 sworn deputies that work throughout the 316 square miles of the County. They are organized by job function: Patrol, Investigations, School Resource Officer (SRO), etc. They have responsibility for law enforcement in all areas of the County and work with the Town of Smithfield PD and the Town of Windsor PD. They utilize three simulcast VHF repeated channels (Sheriff Dispatch, Tac 1 and Tac 2) and one tactical frequency (simplex on Admin/Tac 3) for their day-to-day communications. All of these channels are available to everyone else in the County with a radio. The Tac channels are shared with Fire, EMS, Schools, Animal Control and other agencies and are assigned by Dispatch for major events. The repeated channels are recorded on a logging recorder. The S.O. uses a combination of HT1250 portables and CDM750/1250 mobiles to support their sworn deputies and staff. There are about 120 radios evenly divided between portables and mobiles. The S.O. is also in charge of staffing Emergency Communications Center (ECC) Dispatch where they have 4 Motorola Gold Elite consoles with portable radios for backup. Ear pieces and speaker microphones are available to all deputies, but the use of these typically leaves the Isle of Wight County Radio Communications Review 12 | Page    portable radios at hip level, reducing the effectiveness of the radio. The County policy should be for deputies to communicate with the portable at head level, as much as practical, because this increases the quality of the communications by getting the radio away from the body. The SWAT team has headsets to assist with communicating in their unique operating environments. These headsets do not work well with the radios, possibly for the same reason as the earpieces and speaker microphones. Radios are the prime means of communications for the Isle of Wight County Sheriff’s Office and they are utilized for communications in the field and with Dispatch. Radio communications is also used for communications with Fire EMS with all of the S.O. portables and mobiles having the fire dispatch channel. Fire officials have all channels in their radios so they can communicate directly with law enforcement. Fire personnel having Sheriff Dispatch in all of the fire radios is an officer safety concern for the Sheriff’s office as a lost/stolen fire radio gives direct access to law enforcement operations. There is little to no control over lost or stolen radios. Currently there is no encryption on any of the channels in the system but encryption is a feature they would like to have on any future system. It was estimated that 25% of the Isle of Wight households have radio scanners so in many cases the deputies are tracked by the public and expected when serving warrants or performing other law enforcement duties. The S.O. provides mutual aid to the towns within the County and works occasionally with Surry County and Southampton County. They have the School transit channel in their radios but rarely communicate with them. They also have VSP, VMRC and the state game warden in their radios for mutual aid. The Deputies don’t communicate with the regional jail in Suffolk via radio. They routinely talk on Tidewater Mutual Aid simplex to communicate with the Nightingale helicopter. Other surrounding jurisdictions are on 700/800 MHz systems so direct communications with VHF radios is not possible. The S.O. currently has two multi-band (800/VHF) radios to allow them to communicate with neighbors and on the ORION system. One of their stated needs is the ability to have direct communication with all neighboring law enforcement agencies. As was mentioned above in general, the deputies are able to communicate with Dispatch in only about 80% of the locations throughout the County on the mobile radios. Portable radios are less reliable throughout the County in that they provide successful communications in only about 40- 50% of the locations. Specific areas of poor or no coverage were Rushmere, Carrollton, Eagle Harbor, Tylers Beach, Windsor on the 460 corridor, in schools and restaurants. They also had no communications on portable radios while in buildings. This was highlighted during the Isle of Wight County Radio Communications Review 13 | Page    interviews by an officer that said on their last three search warrants they had no comms in the houses. This forced them to use extra manpower having an officer stand by the truck to relay messages to and from Dispatch. Many times Deputies described the ability to communicate better on the radio from Virginia Beach and other distant locations, than from within the County. Portions of the VHF site infrastructure go down about once a month. The most recent was during May when the Monette site was down three times in two weeks due to the fact that they lost commercial power. No one within the County had knowledge of the loss of critical power via any type of alarm system, and within a day or so the site generator ran out of diesel fuel and the site shut down stopping all radio communications, disrupting Public Safety operations thereby risking the lives of deputies, firefighters, EMTs and ultimately citizens. Not only were lives at risk when the site when off air due to power, but this loss of the Monette radio site caused further damage when the power was restored as the RF equipment went into failure mode due to the sudden power surge. Radio equipment repairs were then required, further delaying the disruption to Public Safety operations from the outage. The Sheriff’s Office uses Verizon cell phones and air cards for communications. The coverage of the Verizon system is the best of the wireless carriers in Isle of Wight County. All texts from Dispatch are sent to cell phones. The S.O. is not using any pagers. Specific Short-Term Recommendations for Sheriff’s Office: 1) S.O. should immediately mandate that all portable radios be equipped with ½ wave antennas (approximately 5 inches long) versus the ¼ wave “stubby” antennas being used. This change would immediately improve the area of operation of portable radios. Unfortunately, this change alone won’t come close to overcoming the poor coverage in the current system design. 2) S.O. should make a policy to procure only Public Safety grade portable and mobile radios. 3) The S.O. should work on the administrative task of coordinating the Emergency Alert ID so that dispatchers have an accurate record of who is communicating on a specific radio. This could be done by marking in during each shift for deputies. 4) Deputies should be encouraged to communicate on their radios from the head level versus using the shoulder mic with the radio on their belt. While there are times that this may not be practical, this practice would increase the communication performance of portable radios. Isle of Wight County Radio Communications Review 14 | Page    Isle of Wight County Dispatch The Isle of Wight County Dispatch Center is part of the Sheriff’s Department. There are four dispatch positions with Motorola Gold Elite Communications Consoles. These positions are primarily assigned as follows: S.O., Fire and EMS, P.D. and a call-taker position. The Motorola Gold Elite Communications Consoles are at the end of their useful life. Motorola announced a 2015 end of support date on this equipment. In addition, this console platform is circuit based and cannot easily interface directly with the current IP technology based radio systems. From the dispatchers’ perspective all of the radio channels sound very similar. The channels were characterized as having lots of noise and static and the dispatchers have to strain to listen to the officers communicate through the static. Deputies and Firefighters have to repeat their traffic multiple times for the dispatcher to understand. One dispatcher complained that there always seemed to be something that they are missing and they were scared. As with field units, Dispatch stated they were able to communicate with mobile radios about 95% of the time however, with portable radios this fell to 50%. Specific areas of poor or no coverage were in the South end of the County towards Zuni. In Rushmere, the dispatchers can hear the mobiles but the mobiles can’t hear the dispatchers. From a service perspective, Smithfield PD channel goes out and the dispatchers must flip a switch in another room to communicate. This fundamentally means the telephone line to the Smithfield repeater fails and the dispatchers must go into the back room to switch to RF control stations to continue to communicate on the Smithfield repeater. As with other users, the dispatchers expressed their frustration with the Monette site losing power. The dispatchers were happy with the improvements in the processes and procedures that took place throughout May 2014. They were not particularly happy with the service work that was going on with the infrastructure as channels were off the air but understood that preventative maintenance was required. Over time the S.O. channel just continues to get worse. Unsure if this is from congestion, interference or audio quality. Isle of Wight County Radio Communications Review 15 | Page    The dispatchers are frustrated by incorrect information being associated with Emergency alerts. This forces the dispatchers to do a roll call in the middle of the emergency to confirm who is in distress. This is a huge safety issue for the field and extremely stressful for the dispatchers. Windsor Police Department The Windsor Police Department has 6 full time officers and 5 auxiliary. They use 8 Motorola HT1250s and 2 Kenwood Portable radios while 8 mobile radios are used in their vehicles to communicate. Most of their portables have the longer ½ wave antennas. They share the Isle of Wight County Sheriff’s Office (S.O.) dispatch channel and other tactical channels with everyone else in the County. From Windsor PD’s perspective, traffic volume is horrible on the primary dispatch channel and they have not found an easy way to share the channel between operational dispatch and the administrative issues of auto tag, driver’s license and NCIC inquiry traffic. They are attempting to use their MDTs to handle the administrative traffic. Radio traffic is particularly bad when civil papers are served. The PD is rarely called on for Mutual Aid with anyone besides Isle of Wight S.O. Ear pieces and speaker microphones are available to all police officers. The history of the radio system is that Public Safety radio has never been a topic, much less a priority within the County and the infrastructure sites are horrific. The mobiles are only effective in 75% of the locations and with portables it is 40-50%. There is almost no in-building coverage. This is a huge concern in an active shooter situation. With their current radio system not having in-building radio coverage, they have to call the School Resource Officer (SRO) on the cell phone. Specific areas of poor or no coverage were 460 in the dip in the road between Windsor and Lovers Lane. Windsor PD uses Verizon cell phones and air cards for communications. They also use Pagenet to send Computer Aided Dispatch (CAD) text messages to cell phones. The Windsor PD is in the process of signing a contract with Atlantic Communications to perform PM on their subscribers. This contract did not begin until July 1, 2014. Isle of Wight County Radio Communications Review 16 | Page    Specific Short-Term Actions are similar to S.O. Smithfield Police Department The Smithfield Police Department has 22 sworn officers and 5 civilians. They use Motorola HT1250 portable radios and Motorola mobile radios in their vehicles to communicate. These radios are at least 10 years old. Most of their portables have the longer ½ wave antennas. They use the Smithfield PD channel for communications 95% of the time or for 95% of operations. The Smithfield PD then shares the other channels with the rest of the radio users within Isle of Wight County. From Smithfield PD’s perspective, traffic volume is not bad on their channel with 22 officers. Their radios have an emergency button that provides some level of identification for officers in trouble. In a manner similar to the Winsor PD, Smithfield PD is rarely called on for Mutual Aid with anyone besides Isle of Wight S.O. Ear pieces and speaker microphones are available to all police officers. The radio coverage of Smithfield is reportedly good as mobile radios are effective in 95% of the locations and with portables it is also 95%. There is however, poor portable coverage around Jersey Park near West Main and Lakeside where Route 10 and Business 10 intersect. These are two high-risk areas for crime and this was reported as a huge issue for officer safety. Additionally there is poor radio coverage in the Smithfield plant area. The Smithfield PD uses Gately Communications to perform their service. Specific Short Term Actions are similar to S.O. Isle of Wight County Fire and EMS As with the Law Enforcement operations, the Isle of Wight County Fire and EMS operations are hampered by the current radio system that does not provide portable radio coverage of the County and is subject to noise, interference and system outages. In our interviews with the volunteer fire departments, the number one issue was poor portable radio coverage throughout the County. Poor radio coverage puts fire personnel at risk when providing basic and advanced life support and when they enter burning structures. The firefighters have spotty coverage with portable radios when inside buildings. Mobile radios work at about 80% coverage reliability Isle of Wight County Radio Communications Review 17 | Page    throughout the County. The firefighters complained of not being able to hear Dispatch more often than dispatchers are unable to hear them. Besides being a firefighter safety issue, poor radio communications throughout the County is forcing Dispatch to send additional Fire and EMS resources, which is wasting these resources including equipment, fuel and human assets. The Isle of Wight County Fire and EMS is comprised of five volunteer fire departments and two EMS squads. They have over 200 portable radios and 100 mobile radios for their volunteers and apparatus. They utilize three simulcast VHF repeated channels (Fire Dispatch, Tac 1 and Tac 2) with 80% of their operations staying on the primary dispatch channel and the remaining 20% being assigned to Tacs once they have a working incident. All of these channels are available to everyone else in the County with a radio. The Tac channels are shared with Sheriff, PD, Schools, Animal Control and other agencies and are assigned by Dispatch for major events. The repeated channels are recorded on a logging recorder. Fire and EMS use a combination of HT1250 and PR1500 portables and CDM750/1250 and Kenwood mobiles to support their operations. They typically put 2 mobile radios in the medic units because that is cheaper than purchasing dual-control head radios. Their radio equipment is approximately 10-12 years old. They have speaker microphones for their portable radios. Fire and EMS would like to be able to communicate with neighboring Fire and EMS organizations for Mutual Aid. They also have to communicate multiple times a week to the Nightingale Life Flight helicopter. In the opinion of Fire and EMS the current radio system is “consistently crappy”. They recently added a vehicular repeater to a Chief’s car to try to improve radio coverage and operations. They are getting interference from the high-voltage lines that go across the County. As with other departments, radios are the prime means of communications for the Isle of Wight County Fire and EMS personnel and they are utilized for communications on-scene and with Dispatch. Radio communications is also used for communications with Law Enforcement with all portables and mobiles having the S.O. channel and a limited number having Smithfield P.D. As was stated earlier, there is little to no control over lost or stolen radios. The Fire and EMS personnel would like to have a ruggedized radio that is designed to work in the known harshness of fire operations. This typically includes oversized knobs that can be turned with gloves, water resistance, noise-canceling features, etc. This would be a significant improvement from the “mall security guard” radios they are carrying today. Isle of Wight County Radio Communications Review 18 | Page    Fire and EMS are able to communicate with Dispatch in only about 80% of the locations throughout the County on the mobile radios. Mobile radio communications improves as one travels towards the center of the County. Portable radios are “hit or miss” throughout the County in that they provide successful communications in only about 40-50% of the locations. Specific areas of poor or no coverage were the West and South parts of the County. Portions of the VHF site infrastructure go down about once a month on the Law Enforcement side, while the Fire infrastructure is down about 5% of the time. Fire and EMS rely heavily on their Minitor IV and V pagers. Cellular phones provide a back-up to the paging function. Active 911 is an application (app) used on the cellular phones by a majority of the volunteers. Pagenet is used to send Computer Aided Dispatch (CAD) messages via texts to cell phone. IamResponding is a paid service for staffing and alerting volunteer fire and EMS personnel. In the last 30 days the long squelch tail went away. Audio has decreased on the pager. Specific Short-Term Recommendations for Fire and EMS: 1) Fire and EMS should immediately mandate that all portable radios be equipped with ½ wave antennas (approximately 5 inches long) versus the ¼ wave “stubby” antennas being used. This change would immediately improve the area of operation of portable radios. Unfortunately, this change alone won’t come close to overcoming the poor coverage in the current system design. 2) Fire and EMS should make a policy to procure only Public Safety grade portable and mobile radios. 3) Administratively Fire and EMS should work on consistency of operations and communications protocols. 4) Fire and EMS personnel should be encouraged to communicate on their radios from the head level versus using the shoulder mic with the radio on their belt. While there are times that this may not be practical, this practice would increase the communication performance of portable radios. 5) Going forward Fire and EMS need tactical channels that are separate from S.O. and others. There should be more of these tactical channels that provide wide-area communications. Isle of Wight County Radio Communications Review 19 | Page    Frequency Evaluations Isle of Wight County needs frequencies from the FCC and tower sites to complete any design. The first priority for Isle of Wight County is to find clean frequencies that can be licensed and used countywide to improve their radio communications. The current VHF frequencies in the simulcast design are plagued with static, noise and interference. Expanding the current VHF simulcast system would probably increase these disruptions to Public Safety operations. The following bullets summarize the considerations of frequency bands:  Low-Band frequencies (30 MHz) are subject to environmental noise and skip and are not a good platform upon which to build a radio communications network for public safety. There are no Low-Band portable radios on the market, so Low-Band does not meet Isle of Wight County’s requirements.  High-Band frequencies (150 MHz) are a more common platform for Public Safety radio communications. Frequencies in this band travel a good distance, so provide good radio coverage, but are subject to interference from Public Safety and non-Public Safety users. The VHF frequency band is not recommended for Isle of Wight due to interference issues today from High Voltage lines and from other VHF users and not recommended for the future due to the lack of frequencies available in the band for wide-area solutions. The Commonwealth of Virginia uses VHF frequencies as part of their statewide communications system. The challenge Isle of Wight County will face is to find enough of these frequencies, with little-or- no interference, that could be licensed as repeaters at multiple tower sites throughout the County, to provide radio coverage of the County. It does not help that Isle of Wight County is in competition with the Commonwealth of Virginia, and others, for VHF frequencies.  UHF-Band frequencies (450 MHz) are similar to the High-Band frequencies in that the UHF- Band is a common platform for two-way radio communications throughout the United States. This is not a good band for Isle of Wight due to limited mutual aid as there are few Public Safety users on UHF in Virginia. This reduces the ability to give and receive mutual aid.  700/800 MHz frequencies have been the basis for many of the new Public Safety radio systems in populated areas throughout the Commonwealth of Virginia. These frequencies are currently in use by many of the cities and counties in the Hampton Road Region. The primary reason for using 700/800 MHz frequencies as the basis for a radio system is FCC protections. When licensed properly, the licensor of a 700/800 MHz frequency has exclusive use of this frequency within their operating boundary. This exclusivity maximizes the availability of the frequency by minimizing the potential for interference from other users. This is the recommended long-term frequency band for Isle of Wight County. Isle of Wight County Radio Communications Review 20 | Page    Isle of Wight should work with a frequency coordination body, such as APCO International AFC to identify frequencies that could be used to build a radio system. Short‐Term Improvements To identify and correct radio system issues that plague the current system several entities representing Isle of Wight have been meeting with the service organizations that are responsible for both the infrastructure and subscribers. We met with the service organization for the infrastructure, Atlantic Communications, and requested that they review the antenna, lines and electronics at each of the tower sites within Isle of Wight. Atlantic agreed to review this equipment, perform preventative maintenance and optimization, and provide us reports of their findings. The antenna sweeps are attached in Appendix A. From the review of the infrastructure equipment, Atlantic determined that several of the radio repeaters were out of tune and they provided the services to retune the equipment. In addition, they found faults in some of the antennas and lines and have corrected those. In summary, Atlantic Communications has addressed the infrastructure issues in April and May of 2014 that could be addressed with the existing system and existing design. In a similar fashion we met with Gately Communications and asked them to perform preventative maintenance on the portable and mobile radios. As of late June, Gately Communications has inspected about 80% of the radios within the County, correctly tuned these devices and replaced antennas and lines as required, bringing the existing subscriber equipment up to specifications. Addressing the performance of both the infrastructure and subscribers was a critical step in improving communications using current equipment and today’s radio system design. In our interviews with radio users, three items were identified that could be addressed in the short term with the existing system technology. The items were the lack of spare parts, the lack of radio coverage in the Rushmere community and the lack of system or site monitoring capability. The lack of spare parts could be rectified quickly by the County allocating the funds for the purchase of these parts. This should be discussed with the single service organization that is going to serve the entire system. The lack of coverage in the Rushmere community was identified as a critical issue in our reviews. To improve coverage in the Rushmere community the County has the option of adding a tower site and equipment in this area. Our estimate of probable costs to construct a 150 foot tower in Rushmere are $350k to $550k, depending on frequency availability, existing government owned land for the tower site, and typical radio infrastructure equipment costs. We Isle of Wight County Radio Communications Review 21 | Page    estimate the implementation of this tower solution would take between 6 months and 1 year from funding being approved by the County. This estimate of time and costs are based on typical projects with no findings of significant impacts from FCC, FAA, environmental, historic, construction, zoning or other permissions to construct and implement tower and radio equipment. From our review of tower sites and discussions with service organizations, we found that there is an existing Rushmere site that was constructed about 8-10 years ago that has never been successfully integrated in to the current radio system. The reason the existing Rushmere site was never implemented is that there is radio interference and this caused the radio equipment to never work properly. This interference comes from AM broadcast station WNIS. In our visit to the existing Rushmere site we confirmed that the Isle of Wight equipment is on a commercial tower from Crown Castle in the middle of an AM broadcasting tower array. We believe that this existing structure will never be a viable location for the County’s VHF equipment. We also recommend that the County distance themselves from this AM broadcast tower array when identifying property for a new tower. If the County decides to construct and implement a new tower in the Rushmere community they should have a qualified service organization review the existing equipment and determine if it is financially advantageous to move the old equipment or to purchase new. At this time we are unaware of the condition of the equipment at this old site. See APPENDIX B for existing VHF coverage with the impact of a possible new Rushmere site. The third item that could be addressed with the current VHF system and technology is the lack of system or site-monitoring capability. Several recent radio system failures could have been avoided if the County had the ability to monitor the commercial power and generator fuel status remotely. A solution to this problem is to invest in an alarm system that monitors the health and status of the radios and supporting systems at each tower site. Public Safety recommendations for tower sites include hardened shelters that can withstand threats from natural and man-made threats, environmental controls for temperature and humidity, backup generators and surge suppression technology, and an alarm-and-monitoring system that can remotely provide indications of issues. Our estimate of probable cost for an alarm system for all of the County sites is $200k to $400k, depending on current system capabilities. For example, at this time we are not aware of your power generators ability to output system status and alarm connections nor the capacity of your telephone circuits to transport these alarms. Long‐Term Solutions Fundamentally a new, improved system design is needed to improve radio coverage and reliability of the system throughout Isle of Wight County. The funding for this system needs to Isle of Wight County Radio Communications Review 22 | Page    be addressed in the short term as a priority within the County. The actual implementation of a new radio system design typically requires between 18 and 30 months so it is a longer term issue. An improved radio system design will drastically improve the ability of public safety to respond to citizens’, businesses’ and visitors’ calls for help. The fundamental benefits to your community will be improved Public Safety response times to 911 calls, reduced stress on your Public Safety organizations from clear, clean radio communications, improvements in the operations and efficiency of your Public Safety organizations and, most importantly, reduced risk for your employees in life-threatening incidents. In the longer term, as a priority within the County, the Public Safety communications systems should be expanded to a multi-site system that can provide portable radio-based communications throughout the County in vehicles and in residences at a 95% or greater reliability. In addition, the long-term plan should be to implement a system that is compliant with the Association of Public Safety Communications Officers (APCO) Project 25 standards. This will ensure that Isle of Wight County is meeting Public Safety communications standards and has the ability to interoperate with other organizations using the APCO Project 25 open standards and compatible frequencies. The long-term, multi-site solution should include 5 channels to allow for sufficient wide-area communications for both primary and tactical operations for Sheriff, Police, Fire and EMS. The citizens of Isle of Wight County will receive improved public safety and public services by investing in a common communications platform that serves government operations throughout the County. Finally, the most effective and efficient way to implement this multi-site, five-channel system is using APCO Project 25 simulcast trunked technology. This provides the largest number of safety features that can be shared effectively by different operations while maintaining group-level communications. Calls from citizens for Public Safety assistance continue to increase across the country and locally in Isle of Wight County. This increase in call volume, with the current radio system that is not providing coverage of the entire County, is straining radio communications operations including dispatching staff and field personnel. The strain comes from poor coverage, channel congestion and interference on the existing systems which can be addressed by improving the design and clarity of the communications by moving to a Project 25digital platform. Standalone System versus Regional Radio System: Isle of Wight County currently owns, operates and maintains VHF standalone radio systems for their Public Safety communications. Our recommended long-term plan for Isle of Wight is to Isle of Wight County Radio Communications Review 23 | Page    move into the 700/800 MHz frequency band where the County has more FCC protections on their radio spectrum. In order to do this the County can build their own system and stand alone, or work with other municipalities to create/join a regional radio system. The fundamental advantage of the County having a standalone radio system is control. Isle of Wight County can look at their operational needs, their financial resources for capital construction and operational expenses, and use their existing organizations to govern the development and deployment of new radio technology. As Isle of Wight County wants to make radio system changes, the existing government can fund and make these changes. In contrast to standalone systems, we are seeing more governments choose regional radio systems for two fundamental reasons: 1) Public Safety operations do not stop at the county line so communications must extend into other jurisdictions and 2) the investments in new radio systems is high because the scarcity of frequencies drives multi-site designs for portable radio coverage. Regional radio systems allow governments to share the expenses of a radio system and other assets saving all parties money. Recent natural and man-made disasters have highlighted the need to have communication systems that can serve local operations while allowing support from outside agencies. In operational terms this is called mutual aid and in radio technology this is called interoperability. Isle of Wight County’s Public Safety personnel work with surrounding agencies on a daily basis and they support others during critical events, both emergency events (hurricane evacuations) and planned events (fairs, football games, etc.). The best way to effectively operate in an emergency is to use the radios you use every day to communicate with others within your own County and with others from mutual aid organizations. A common radio communications platform that serves a regional area is one of the most effective ways to operate. In other terms, direct radio-to-radio interoperability is a top priority for public safety, both between Law Enforcement and Fire/EMS within a county and with other agencies in a region. The investment in a new radio system is significant, both the initial investment and the ongoing costs of maintenance and support. Regional radio systems offer municipalities the opportunity to reduce their own investment by sharing the costs with others. Typically the master controller or switch can be shared, tower sites can be located to serve adjoining jurisdictions and maintenance costs can be shared, all reducing the burden on any one entity. In addition, recent grant funding has been allocated first to regional radio systems while VDEM and Department of Homeland Security (DHS) grants are only currently available for Project 25 technology. Finally, regional radio system partners benefit from their shared purchasing power, consolidating other Isle of Wight County Radio Communications Review 24 | Page    technologies in 911 center operations and leveraging other specialized assets between organizations such as SWAT teams, HAZMAT teams and equipment and PSAP operations. We have outlined below the fundamental investment for Isle of Wight in a stand-alone radio system with 5 channels and an estimated 7 tower sites. These are estimates only of the number of sites and the probable cost of the system and subscribers. As we work with the County to develop a strategic plan we will assist in refining this estimate as appropriate. At this time, our estimates of capital savings from joining a neighboring regional radio system are $1M+ with additional savings coming from shared operational expenses. Isle of Wight has a couple of opportunities for potential regional partners. The closest opportunity is with the City of Suffolk with others being York/James City/Gloucester and Newport News. Isle of Wight County should do their due diligence before committing to a regional radio system. This includes understanding the operational issues, governance, financial commitments and technical requirements of any radio system partnership. Possible New System Design: Standalone Alternative Our design recommendation for Public Safety is for portable radios to operate throughout the County in residential-type buildings and vehicles at a minimum, and in larger structures to meet operational needs. In addition, Isle of Wight County should acquire a minimum of five frequency pairs for countywide operations. This is based on two factors: the 480+ radios in operation and the current number of operational channels (Sheriff, TAC1, TAC2, Fire & EMS, Police) supporting all Public Safety departments and Schools. While more frequency pairs would be ideal, so that all operations could stand alone, five wide-area frequency pairs supported by mobile-only talk-around frequencies would be a minimum in Isle of Wight’s spectrum-deficient area. Finally, any new system implemented should comply with APCO Project 25 standards for communication. Project 25 standards will put Isle of Wight County in the best position to receive grants as the federal and state grant plans in place today mandate Project 25. Isle of Wight County Radio Communications Review 25 | Page    Estimate of Probable Capital Cost for Seven‐Site, Five‐Channel System   QtyUnit Price Extended Site Acquisition 7 11,000 77,000 Land Procurement 7 40,000 280,000 Professional Services Procurement Process 1 250,000 250,000 FAA & FCC Applications 1 77,000 77,000 Raw Land / New Tower Site A&E Services 7 27,500 192,500 Site Preparation, Fencing, and Crushed Stone 7 85,000 595,000 Equipment Shelter with HVAC 7 110,000 770,000 LP Generator and Automatic Transfer Switch 7 117,350 821,450 Install Electrical Utility Service and Meter Pedestal 7 2,750 19,250 Tower (300 ft.) and Site Grounding 7 245,000 1,715,000 P25 Master/Core Equipment 1 1,200,000 1,200,000 5-Channel 700/800 P25 Simulcast Equipment 7 267,000 1,869,000 5-Channel Combiner /Multicoupler /Antenna /Coax System 7 150,000 1,050,000 Microwave Point-to-Point Equipment Loop Configuration 7 55,000 385,000 P25 Consoles and Logging Recorder Interfaces 5 110,000 550,000 Professional Services Implementation, Testing & Cutover 1 200,000 200,000 Portable Subscribers 2403,500 840,000 Mobile Subscribers 2404,100 984,000 7-Site Total 11,875,200 Project Budget Contingency – We recommend that the project budget for the 7-site system include an additional 10% for unknown issues that may arise. Possible New System Design Region Alternative We have outlined above the fundamental investment for Isle of Wight in a standalone radio system with 5 channels and an estimated 7 tower sites. As we mentioned above these are estimates only of the number of sites and the probable cost of the system and subscribers. As we work with the County to develop a strategic plan we will assist in refining this estimate as Isle of Wight County Radio Communications Review 26 | Page    appropriate. At this time, our estimates of capital savings from joining a neighboring regional radio system are $1M+ with additional savings coming from shared operational expenses. Regional System 7-Site Total 10,875,200 As was mentioned above, Isle of Wight has a couple of opportunities for potential regional partners. The closest opportunity is with the City of Suffolk with others being York/James City/Gloucester and Newport News. Isle of Wight County should do their due diligence before committing to a regional radio system. This includes understanding the operational issues, governance, financial commitments and technical requirements. Exploration of Funding Opportunities At the federal level, the purchase of Project 25 systems and subscriber equipment has been mandated as a qualification for federal grant dollars. In addition, grant funding for base station equipment situated at the 911 Center for Isle of Wight to access the interoperability talk-groups of neighboring county systems could also be available. While grant funding has recently been limited, several Federal Interoperable Communications Programs that have been successfully used for communications equipment in Virginia are: • Homeland Security Program (DHS) • Interoperable Emergency Communications Grant Program (IECGP) • The Fireman’s Fund • Federal Appropriations • Assistance to Firefighters Grant EAI recommends that Isle of Wight work within their region to apply for a VDEM grant for communications. These applications are typically due in the June timeframe and the grant funds need to be spent within 18 months of award. Levels of Interoperability The term interoperable communications can mean different things to different people. SAFECOM has developed an interoperability continuum that starts with basic radio to radio communications as a way to communicate on one extreme and fully shared radio infrastructure on the other end. The idea is to move along the continuum. In a similar way we are depicting the Isle of Wight County Radio Communications Review 27 | Page    different levels of interoperability in the graphic below with the ultimate goal of moving up levels to Level 6 Interoperability. Conclusions As was mentioned above, Isle of Wight County is in urgent need of improvements to their Public Safety communication systems to protect the lives and property of their citizens, employees and visitors. The County should take immediate steps to improve their communications so their Public Safety operations are not compromised by the communication limitations of their existing systems. Specifically in the short term, Isle of Wight County should improve their radio system coverage by improving communications in the Rushmere community. Additionally, the County should Isle of Wight County Radio Communications Review 28 | Page investigate system management opportunities for the current system and sites that would notify key personnel of site conditions through alarms. In the longer term, as a priority within the County, the Public Safety communications systems should be expanded to a multi-site system that can provide portable radio-based communications throughout the County in vehicles and in residences at a 95% or greater reliability. In addition, the long-term plan should be to implement a system that is compliant with the Association of Public Safety Communications Officers (APCO) Project 25 standards. This will ensure that Isle of Wight County is meeting Public Safety communications standards and has the ability to interoperate with other organizations using the APCO Project 25 open standards and compatible frequencies. A 700/800 MHz simulcast system is the best platform for a new communication system due to frequency availability and frequency protections from the FCC. Expansion of the VHF would be extremely difficult due to lack of frequencies, interference issues common to the VHF band and the expense of procuring a new system on a poor frequency platform. While poor coverage is the primary problem with the current system, the radio system’s Monette site completely failed in the May-to-June timeframe leaving Law Enforcement, Fire and EMS with limited means to respond to calls from citizens. The fundamental cause of the system crashes are single points of failure in the system design and supporting systems such as electrical power. The long-term, multi-site solution should include five channels to allow for sufficient wide-area communications for both primary and tactical operations for Emergency Services and Law Enforcement and to allow communications for other potential County organizations including Public Works and the Board of Education. The citizens of Isle of Wight County will receive improved Public Safety and public services by investing in a common communications platform that serves government operations throughout the County. Finally, the most effective and efficient way to implement this multi-site, five-channel system is using APCO Project 25 simulcast trunked technology. This provides the largest number of safety features that can be shared effectively by different operations while maintaining group-level communications. Appendix A EDX SignalPro®®: VA-IsleOfWightCounty150MHz(2014-06-5)v00 Prop. model 2: Longley-Rice v1.2.2 Time: 95.0% Loc.: 95.0%Prediction Confidence Margin: 0.0dB Climate: Continental Temperate Land use (clutter): EDX .GCV format Atmospheric Abs.: none K Factor: 1.333 Sites Site: Carrolton Water Tank N36°56'34.14" W76°32'41.20" 19.7 ft CWT-Omni Tx.Ht.AGL: 150.0 ft Total ERP: 49.95 W Model: 2 Use file-vertical/0.0° 150.0000 MHz Site: Holland Water Tank N36°48'02.70" W76°43'00.10" 70.5 ft HWT-OMNI Tx.Ht.AGL: 150.0 ft Total ERP: 49.95 W Model: 2 Use file-vertical/0.0° 150.0000 MHz Site: Monette Tower N37°00'28.60" W76°36'10.10" 8.2 ft MTS-Omni Tx.Ht.AGL: 199.0 ft Total ERP: 48.40 W Model: 2 Use file-vertical/0.0° 150.0000 MHz Site: Poor House N36°54'32.10" W76°42'13.30" 75.2 ft PHT-Omni Tx.Ht.AGL: 400.0 ft Total ERP: 42.52 W Model: 2 Use file-vertical/0.0° 150.0000 MHz Site: Rushmere Proposed Site N37°04'42.80" W76°41'31.10" 22.3 ft RTS-Omni Tx.Ht.AGL: 150.0 ft Total ERP: 49.95 W Model: 2 Use file-vertical/0.0° 150.0000 MHz Site: Walters Tower N36°45'11.70" W76°51'19.70" 78.4 ft WTS-Omni Tx.Ht.AGL: 300.0 ft Total ERP: 45.35 W Model: 2 Use file-vertical/0.0° 150.0000 MHz Counties VA-Streets Received power at best base from remote > -77.0dBmWIn-Building Covergae -87.0 to -77.0dBmWIn-Building Heavy Obstruction -97.0 to -87.0dBmWIn-Building Light Obstruction < -97.0dBmWRadio Threshold Region (Outdoor Coverage) Display threshold level: -107.0 dBmW RX Antenna - Type: ISOTROPIC Height: 3.3 ft AGL Gain: -2.25 dBd Notes HT1250 Motorola Portable w/ 1/4 Wave Antenna Prediction Radius 50 Miles (20 Mile Region) From Site 50 W TX at Site These plots are for planning and illustrative purposes only and do not imply any guaranteed level of system performance.MILES -104 Isle of Wight County Virginia 150 MHz Portable Coverage Talk-Back (Portable to Tower)In-Building Portable Ap p e n d i x B Staff Report: ALS Coverage Solution; CBM; 12-18-2014 ISSUE: Staff Report: ALS Coverage Solution for Carrollton Service District BACKGROUND: At the request of the Carrollton Volunteer Fire Department, the Board of Supervisors, at its November 20, 2014 meeting, directed the County Administrator to develop solutions for providing Advanced Life Support (ALS) coverage in the Carrollton Service District. Staff has developed an interim solution to address the immediate need for ALS coverage in the Carrollton Service District through a partnership with the Isle of Wight Rescue Squad. A long term solution, however, is still under development. Staff has been working to get a clear statement from Dr. Joel Michael, the Operating Medical Director for the County’s fire and rescue agencies, with regard to his concerns, requirements, and deadlines for corrective action by the Carrollton Volunteer Fire Department. Staff has not received the required information from Dr. Michael at the time of agenda development. Staff will provide the Board with an update on the interim solution at the December 18, 2014 meeting. BUDGETARY IMPACT: There is no budget impact at this time. RECOMMENDATION: Adopt a motion to authorize the interim solution for ALS coverage as recommended and request staff to provide an update at the January 2015 Board meeting. ATTACHMENT(S): No Attachments ISSUE: Resolution – Amendment to Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and Chapter 1: Personnel, Article VI, Section 6.3 of the County Policy Manual BACKGROUND: Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 currently establish provisions regarding notification for the need to utilize sick leave, leave under the Family Medical Leave Act (FMLA), holidays observed by the County and payment for such holidays. Amendments of the policies’ wording are necessary in order to clarify guidelines regarding the utilization of sick leave, federal FMLA provisions and the associated employee and employer rights and responsibilities, and holiday pay. BUDGETARY IMPACT: The exact anticipated budgetary impact of these amendments is unknown at this time but is limited in scope given that the majority of employees are not required to work on County-observed holidays. RECOMMENDATION: Adopt a Resolution to Amend Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and Chapter 1: Personnel, Article VI, Section 6.3 of the County Policy Manual ATTACHMENT: Resolution RESOLUTION TO AMEND CHAPTER 1: PERSONNEL, ARTICLE V, SECTIONS 5.4 AND 5.12 AND CHAPTER 1: PERSONNEL, ARTICLE VI, SECTION 6.3 OF THE COUNTY POLICY MANUAL WHEREAS, the County has established guidelines regarding notification for need to utilize sick leave, leave under the Family Medical Leave Act (FMLA), Holidays observed by the County and payment for such holidays, under Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 of the County Policy Manual; and WHEREAS, the Board of Supervisors desires to amend Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 of the County Policy Manual to afford for enhanced employee guidance by clarifying guidelines regarding the utilization of sick leave, federal FMLA provisions and the associated employee and employer rights and responsibilities, and holiday pay. NOW, THEREFORE, BE IT RESOLVED that Chapter 1: Personnel, Article V, Sections 5.4 and 5.12 and Article VI, Section 6.3 of the County Policy Manual is hereby amended as follows: Chapter 1: Personnel ARTICLE V Leave Provisions (Revised September 1, 2005, December 15, 2005, February 2, 2006, April 5, 2007, October 2, 2008, January 8, 2009, June 19, 2014, October 16, 2014, December 18, 2014) Section 5.4 (Revised December 18, 2014) Notification So that accurate records can be kept, an employee (or his/her representative) shall notify his/her department director, supervisor, or whomever designated by the employee’s department, promptly by telephone or, messenger, or other such means designated by the employee’s department, no later than one-half hour after reporting time, if physically possible. Departments may designate a more specific time period required for advanced notification of the need to utilize sick leave as needed for effective business operations. Where in the interest of public safety a specified number of personnel are required to be present, department directors may require employees (or their representative) to notify the department one hour before reporting to work, if physically possible. Abuse of this policy may result in disciplinary action. Once sick leave has been exhausted, other leave policies may apply (e.g., annual leave, leave without pay, etc.). Absence for a job-related injury shall be recorded as injury leave in accordance with Article VI, Section 6.6 Workers’ Compensation. Regular employees on approved sick leave shall be paid their prevailing wage based on the prevailing scheduled workweek not to exceed forty (40) hours per week. Leave will be charged to the nearest half-hour in quarter-hour increments. Section 5.12 (Revised April 7, 2005, January 8, 2009, December 18, 2014) Leave Under the Family and Medical Leave Act (“FMLA”) The County complies with the Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 workweeks (or up to 26 weeks of military caregiver leave to care for a covered servicemember with a serious injury or illness) during a 12-month period. The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. of unpaid leave for certain family and medical reasons during a 12 month period. Eligible employees who are family members of covered service members will be able to take up to 26 workweeks of leave in a single twelve (12) month period. During this leave, an eligible employee is entitled to continued group health plan coverage. At the conclusion of the leave, subject to some exceptions, an employee generally has a right to return to the same or equivalent position. The function of this policy is to provide employees with a general description of their FMLA rights. In the event of any conflict between this policy and the applicable law, employees will be afforded all rights required by law. Employee Eligibility Criteria To be eligible for FMLA leave, an employee must have been employed by Isle of Wight County:  for at least 12 months (which need not be consecutive). Separate periods of employment will be counted, provided the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week.;  for at least 1,250 hours during the 12 month period immediately before the date when the leave is requested to commence. preceding the commencement of the leave The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave shall not be counted in determining the 1,250 hours eligibility test for an employee under FMLA; and  at a worksite (a) with 50 or more employees; or (b) where 50 or more employees are located employed by the County within 75 miles of the that office or worksite. The distance is to be calculated by using available transportation by the most direct route. Events Which May Entitle an Employee to FMLA Leave Types of Leave Covered FMLA leave may be taken for any To qualify as FMLA leave under this policy, the employee must be taking leave for one or more of the following reasons: a. The birth of a child and in order to care for that child; the employee’s child or to care for the newborn child; b. The placement of a child with the employee for adoption or foster care, and/or to care for the newly placed child; c. To care for the employee’s spouse, child, or parent (but not in-law) with a serious health condition (described below); d. The employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of his or her job. e. Because of a qualifying exigency arising out of the fact that the employee’s spouse, son or daughter, or parent is on active duty or called to covered active duty status in support of contingency operations as a member of the National Guard or Reserves (described below); and/or, f. Because the employee’s spouse, son or daughter, parent, or next of kin of a covered service member or veteran requires care due to a with a serious injury or illness (described below). A “serious health condition” is defined as a condition that requires an injury, illness, impairment, or physical or mental condition that involves: inpatient care in at a hospital, hospice, or residential medical facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition that requires or continuing treatment by a licensed health care provider. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Employees with questions about what illnesses are covered under the FMLA policy or under the County’s sick leave policy are encouraged to consult with the County’s Human Resources Department. Leave taken under a “qualifying exigency” is defined as leave, up to 12 weeks in duration, taken by families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty and must be for one of the following: short-notice deployment, military events and activities, child care and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities, and additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of leave. The leave may commence as soon as the individual receives the call-up notice. Eligible employees are entitled to FMLA leave to care for a current member of the Armed Forces, including a member of the National Guard or Reserves, or a member of the Armed Forces, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy; or otherwise in out-patient status; or otherwise on the temporary disability retired list. Eligible employees may not take leave under this provision to care for former members of the Armed Forces, former members of the National Guard or Reserves, and members of the permanent disability retired list. This type of leave would be counted towards the employee’s 12-week maximum of FMLA leave in a 12-month period. Leave taken to care for an injured or ill servicemember or veteran, up to 26 weeks in duration, who was injured or incurred an illness in the line of duty while on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces). FMLA leave already taken for other reasons will be deducted from the total of 26 weeks available. Limits on FMLA Leave Leave to care for a newborn or for a newly placed child must conclude within 12 months after the birth or placement of the child. When both spouses are employed by Isle of Wight County, they are together entitled to a combined total of 12 workweeks of FMLA leave within the designated 12 month period for the birth, adoption, or foster care placement of a child with the employees; for aftercare of the newborn or newly placed child; and to care for a parent (but not in-law) with a serious health condition. Each spouse may be entitled to additional FMLA leave for other FMLA qualifying reasons. For example, if each spouse took 6 weeks of leave to care for a healthy newborn child, each could later use an additional 6 weeks due to his/her own serious health condition or to care for a spouse, child, or parent with a serious health condition. When both spouses are employed by Isle of Wight County and each wishes to take leave to care for a covered injured or ill servicemember, each spouse may only take a combined total of 26 weeks of leave. Intermittent or Reduced Work Schedule Leave “Intermittent leave” is leave taken in separate blocks of time due to a single qualifying reason. “Reduced work schedule leave” is leave that reduces an employee’s usual number of hours per workweek or hours per workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill servicemember or veteran over a 12-month period). Leave to care for a newborn or a newly placed child must be taken all at once, and may not be taken intermittently or on a reduced work schedule. Leave taken because of an employee’s own serious health condition, or to care for an employee’s spouse, child, or parent with a serious health condition, may be taken all at once or, where medically necessary, intermittently or on a reduced work schedule. If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the County’s operations. When an employee takes intermittent or reduced work schedule leave for the employee or employee’s family member and for foreseeable planned medical treatment, the County may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring the intermittent or reduced work schedule periods of leave. Requests for FMLA Leave All employees requesting FMLA leave must provide verbal or written notice of the need for the leave to the Human Resources Department. Within five business days after the employee has provided this notice, the Human Resources Department will complete and provide the employee with the Department of Labor Notice of Eligibility and Rights. The employee will be provided the An employee should request FMLA leave by completing the Request for Family/Medical Leave form and submitting it to the Director of Human Resources Human Resources Department. When leave is foreseeable for childbirth, placement of a child or planned medical treatment for the employee’s or family member’s serious health condition, the employee must provide the County with at least 30 days advance notice, or such shorter notice as is practicable (i.e., within 1 or 2 business days of learning of the need for the leave). When the timing of the leave is not foreseeable, the employee must provide the County with notice of the need for leave as soon as practicable (i.e., within 1 or 2 business days of learning of the need for leave). comply with the County’s usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances. Required Documentation When leave is taken to care for a family member, the County may require the employee to provide documentation or statement of family relationship (e.g., birth certificate or court document). An employee may shall be required to submit medical certification from a health care provider to support a request for FMLA leave for the employee’s or a family member’s serious health condition. Medical certification forms (Department of Labor Certification of Health Care Provider for Employee’s Serious Health Condition form) are available in the Human Resources Department. The employee must respond to such a request for medical certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. During FMLA leave, the County may request that the employee provide recertification of a serious health condition at intervals in accordance with the FMLA. In addition, during FMLA leave, the employee must provide the County with periodic reports regarding the employee’s status and intent to return to work. The County may provide the employee’s health care provider with the employee’s attendance records and ask whether the need for leave is consistent with the employee’s serious health condition. If the employee’s anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the County with reasonable advance notice (i.e., within 4 business days) of the employee’s changed circumstances and new return to work date. If the employee gives the County notice of intent not to return to work, the employee will be considered to have voluntarily resigned. Before the employee returns to work from FMLA leave for the employee’s own serious health condition, the employee may be required to submit a fitness for duty certification from the employee’s health care provider, with respect to the condition for which the leave was taken, stating that the employee is able to resume work. The County has the right to ask for a second opinion if it has reason to doubt the certification. The County will pay for any such second opinion necessary. To certify a qualifying exigency for military FMLA leave, the County will require certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Qualifying exigency forms (Department of Labor Certification of Qualifying Exigency for Military Leave form) are available in the Human Resources Department. To certify a serious injury or illness of the covered servicemember or veteran, the County will require certification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Certification forms (Department of Labor Certification for Serious Injury or Illness of Covered Servicemember form) are available in the Human Resources Department. FMLA leave or return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment. Use of Paid or Unpaid Leave FMLA provides eligible employees with up to 12 (or 26) workweeks of unpaid leave. If the employee has accrued paid leave (e.g., annual or sick leave), however, Therefore, FMLA leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and the employee’s accrued paid leave available. An employee who is taking FMLA leave because of the employee’s own serious health condition or the serious health condition of a family memberThe employee must use any qualifying paid leave first prior to being eligible for unpaid leave. Qualifying paid leave is leave that would otherwise be available to the employee for the purpose for which the FMLA leave is taken. The remainder of the 12 (or 26) workweeks of leave, if any, will be unpaid FMLA leave. Any paid leave used for an FMLA qualifying reason will be charged against an employee’s entitlement to FMLA leave. The substitution of paid leave for unpaid leave does not extend the 12 (or 26) workweek leave period. An employee who is taking leave for the adoption or foster care of a child must use all paid annual and personal leave prior to being eligible for unpaid leave. An employee who is using military FMLA leave for a qualifying exigency must use all paid annual and personal leave prior to being eligible for unpaid leave. Designation of Leave Within five business days after the employee has submitted the appropriate certification form, the Human Resources Department will notify provide the employee with a written response to the employee’s request for FMLA leave (using the Department of Labor Designation Notice). that leave has been designated as FMLA leave. The County may provisionally designate the employee’s leave as FMLA leave if the County has not received medical certification or has not otherwise been able to confirm that the employee’s leave qualifies as FMLA leave. Sick leave may be run concurrently with FMLA leave if the reason for the FMLA leave is covered by the established policy. Leave for the birth of a child and for an employee’s serious health condition, including workers’ compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA. If the employee has leave to be counted as FMLA leave, the employee must notify the Director of Human Resources Human Resources Department within 2 business days of the employee’s return to work that the leave was for an FMLA reason. If an employee takes paid leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the County may designate all or some portion of related leave taken as FMLA leave, to the extent that the earlier leave meets the necessary qualifications. Maintenance of Health Insurance Benefits and other Benefits During FMLA leave, an employee is entitled to continued group health plan coverage at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than a continued serious health condition of the employee or the employee’s family member or a circumstance beyond the employee’s control, the County will require the employee to reimburse the County the amount it paid for the employee’s health insurance premium during the leave period. To the extent that an employee’s FMLA leave is paid, the employee’s portion of health insurance premiums will be payroll-deducted from the employee’s salary paycheck. While on unpaid leave, the employee must continue to make this payment, either in person or by mail. For the portion of FMLA leave that is unpaid, the employee’s portion of health insurance premiums may be paid at the same time as if made by payroll deduction. If the employee’s payment of health insurance premiums is more than 30 days late, the County may discontinue health insurance coverage for the duration of the leave upon at least 15 days’ notice to the employee prior to the employee’s loss of coverage. If the employee contributes to a life insurance plan, disability plan, or any other voluntary contributions to benefit plans, the County will continue making payroll deductions while the employee is on paid FMLA leave. While the employee is on unpaid FMLA leave, the County will discontinue coverage during the FMLA leave. Upon the employee’s return from FMLA leave, payroll deductions will recommence. Return to Work From Approved Leave Upon the return to work from approved FMLA leave that was twelve (12) workweeks or less in duration, the employee will be restored to the position of employment held by the employee when the leave commenced or restored to an equivalent position with equivalent status, benefits, pay, and other terms and conditions of employment. An employee that takes FMLA leave that was twelve (12) workweeks or less in duration may be required to provide a fitness for duty clearance from the health care provider stating that the employee is able to resume work and/or if there are any limitations. This requirement will be included in the employer’s response to the FMLA request. An employee’s return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment. Limitations on Reinstatement An employee is entitled to reinstatement only if he/she would have continued to be employed had FMLA not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction in force, or other reason, the employee would not be employed at the time job restoration is sought. The County reserves the right to deny reinstatement to salaried, eligible employees who are among the highest paid ten (10) percent of the County’s employees employed within 75 miles of the worksite (“key employees”) if such denial is necessary to prevent substantial and grievous economic injury to the County’s operations. Failure to Return to Work Following FMLA Leave If the employee does not return to work following the conclusion of FMLA leave, the employee will be considered to have voluntarily resigned. The County may recover health insurance premiums that were paid in on behalf of the employee during an unpaid FMLA leave except that the County’s share of such premiums may not be recovered if the employee fails to return to work because of other circumstances beyond the employee’s control. In such cases, the County may require the employee to provide medical certification of the employee’s or family member’s serious health condition. Additional Information For further information or clarification about FMLA leave, please contact the Human Resources Department.   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) Section 6.3 Holidays (Revised October 4, 2007, July 1, 2008, December 18, 2014) Isle of Wight County shall observe the following holidays and other such holidays as may be prescribed by the Board of Supervisors or by the Governor of the Commonwealth of Virginia: New Year’s Day First day of January Lee/Jackson Day Friday preceding Third Monday in January King Day Third Monday in January Washington’s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day Fourth day of July Labor Day First Monday in September Columbus Day Second Monday in October Veteran’s Day Eleventh day of November Thanksgiving Day Fourth Thursday in November and the day after Thanksgiving Day Christmas Day Twenty-fifth day of December and the day before or after Christmas Day If any holiday falls on Saturday, then the Friday preceding the holiday shall be observed. If the holiday falls on Sunday, the following Monday shall be observed. The Board of Supervisors may adjust the schedule to accommodate special circumstances. If a regular employee is required to work on a holiday, he/she shall receive regular pay plus compensatory time off. All regular full-time employees shall be entitled to holiday benefits equal to the employee’s regularly scheduled hours of work. All regular part-time employees shall be entitled to a paid holiday of four (4) hours. If a part-time employee is required to work on a holiday, he/she shall receive regular pay plus compensatory time off equal to one-half of the employee’s scheduled work hours for the holiday. An employee who has an unexcused absence for any part of the workday preceding or following a holiday shall not receive holiday pay. All regular full-time employees shall be entitled to holiday time off with pay equal to the employee’s regularly scheduled hours of work. All regular part-time employees (those regularly scheduled for 20-29 hours per week) shall be entitled to time off with pay equal to four (4) hours. An employee forfeits eligibility to be compensated for the holidays observed by the County unless the employee works the last scheduled work day before the holiday and the first scheduled work day after the holiday or is on approved leave with pay. If a regular non-exempt full-time employee is required to work on a holiday, he/she shall receive his/her regular rate of pay for all hours worked plus compensatory time off. If an exempt employee is required to work on a holiday, he/she shall receive compensatory time off equal to the hours worked to be taken another time. If any part-time employee is required to work on a holiday, regardless of his/her status, he/she shall receive pay at the rate of time and a half for all hours worked on the holiday. Assignments for work on a holiday must be approved in advance by the department head or his/her designated representative. Given that the County recognizes the preceding Friday or following Monday but an eligible employee may be required to work on the actual holiday, the employee will be eligible for holiday pay in accordance with this holiday for any hours worked on both the day the County recognizes the holiday and for any work on the actual holiday. An employee who has an unexcused absence for any part of the workday preceding or following a holiday shall not receive holiday pay. An employee who is on approved leave with pay during a period in which a holiday falls, shall not be charged leave for the observed holiday. An employee who is on military leave with pay during a period in which a holiday falls, shall not receive any additional pay or compensatory leave for the holiday. An employee on Workers’ Compensation Leave will not receive holiday pay. In the case of an employee who terminates employment and the last day actually worked is the last work day before a holiday, the employee is not eligible for holiday pay unless the holiday is the last day of the pay period and the employee has been on active status for the full pay period. For Religious or other National Holidays, with leave approved by the supervisor, an employee may request authorized leave with pay as follows:  Request charged to compensation time off (if applicable)  Request charged to annual or personal leave Adopted this 18th day of December, 2014. _________________________ Byron B. Bailey, Chairman __________________________ Carey Mills Storm, Clerk Approved as to Form: Mark C. Popovich, County Attorney Intergov’t Meeting Request – Smithfield Town Council; CBM; 12/18/2014 ISSUE: Request from Smithfield Town Council to Schedule an Intergovernmental Meeting BACKGROUND: The Smithfield Town Council has expressed its desire to hold an Intergovernmental Committee meeting with the County in January or February of 2015. Potential topics of discussion as noted by the Town of Smithfield may include the previous boundary line adjustment agreement, the status of the Farmer’s Market, and the five-year water and sewer agreements which are up for review/adjustment/renegotiation in 2015. Should the Board of Supervisors desire to schedule a meeting, a motion directing staff to schedule an intergovernmental meeting with the Smithfield Town Council will be needed along with the topics for discussion. BUDGETARY IMPACT: None RECOMMENDATION: For the Board’s discussion and consideration. ATTACHMENTS: None December 18, 2014/fah/Pro-Rata Share Policy ISSUE: Motion – Approving the Pro-Rata Share Policy for Utility System Construction BACKGROUND: In an effort to implement the Public Utilities Division’s utility systems in a master plan approach, it is necessary to periodically coordinate long term utility improvements with private development initiatives. Public Utilities regularly requires private developers to install additional capacity and/or improvements within their utility improvements to serve off-site parcels or correct existing facility deficiencies in accordance with the County’s Water and Sewer Master Plan or as determined by Public Utilities. Staff has developed a Pro-Rata Share Policy that establishes general standards and procedures by which a private developer may be reimbursed for their costs associated with the design and construction of on-site and/or off-site water and/or sewer (utility) improvements required to provide the requested additional capacity and/or improvements. BUDGET IMPACT: None RECOMMENDATION: Adopt a motion to approve the Pro-Rata Share Policy. ATTACHMENTS: - Pro Rata Share Policy - Pro-Rata Share Procedures - Sample Pro-Rata Share Agreement 1 ISLE OF WIGHT COUNTY PUBLIC UTILITIES PRO-RATA SHARE POLICY 2 ISLE OF WIGHT COUNTY PUBLIC UTILITIES PRO-RATA SHARE POLICY TABLE OF CONTENTS PAGE I. PURPOSE 3 II. DEFINITIONS 3 III. APPLICATION OF POLICY 5 IV. COST PARTICIPATION DETERMINATION 5 V. SUBSEQUENT DEVELOPER COST ALLOCATION 6 VI. REIMBURSEMENT 6 VII. AGREEMENT 7 VIII. BONDS 7 IX. INSURANCE 7 X. AUTHORIZATION 7 XI. TERM OF PRO – RATA SHARE AGREEMENTS 8 XII. COUNTY CONNECTION AND AVAILABILITY CHARGES 8 XIII. OTHER REGIONAL UTILITY IMPROVEMENT AGREEMENTS 8 XIV. UNIQUE AND NON-CONFORMING SITUATIONS 8 EXHIBIT A: PRO-RATA SHARE PROCEDURES 3 ISLE OF WIGHT COUNTY PUBLIC UTILITIES PRO-RATA SHARE POLICY I. PURPOSE To implement the Department of General Services/Public Utilities Division (PU) utility systems in a master plan approach, it is periodically necessary to coordinate long term Utility Improvements with private development initiatives. PU may require a private developer to install within their Utility Improvements additional capacity and/or Betterment Improvements to serve off-site parcels of land or correct existing facility deficiencies in accordance with the County’s Water and Sewer Master Plan, or as determined by PU. The Public Utilities’ Pro-Rata Share Policy establishes general standards and procedures by which a private developer may be reimbursed for their costs associated with the design and construction of on-site and/or off-site water and/or sewer (utility) improvements required to provide the requested additional capacity and/or Betterment Improvements. A developer may be eligible for reimbursement when the cost exceeds the developer’s obligations in accordance with the procedures established in Exhibit A, Public Utilities Pro-Rata Share Procedures, and as determined by PU. II. DEFINITIONS For the purpose of this PU Pro-Rata Share Policy, the following terms are defined as follows: A. BETTERMENT IMPROVEMENTS: Utility Improvements to correct deficiencies and/or additional work as directed by the PU beyond the First Developer’s (defined below) project requirements as specified in the PU Pro-Rata Share Procedures. Any betterment work shall be related to the facilities to be installed and/or facilities rehabilitated by the First Developer. B. DEVELOPMENT PLAN: A site plan, subdivision plan, and/or engineering plans submitted to the County for approval. The plan or plans must contain the proposed water and/or sewer improvements required to serve the Developer’s project. C. EXISTING DEVELOPMENT: A parcel of land that meets all of the conditions 1 through 3 or is designated as condition 4 below and does not exceed the installation of greater than five (5) sewer laterals and/or five (5) water services or a flow greater than ten (10) percent of the total Utility Service Area (defined below) flows: 1. The parcel of land is within the Utility Service Area of those Utility Improvements designed and installed by the First Developer; and 4 2. Physical improvements have been constructed upon the parcel of land or Development Plan(s) for physical improvements have been approved by the County and remain valid (physical improvements do not include parking lots, temporary or out buildings, fences, landscaping, etc.); and 3. The construction of the physical improvements or the approval of Development Plan(s) have been obtained prior to acceptance by PU of the First Developer’s Utility Improvements. 4. A parcel of land is undeveloped and cannot be subdivided nor developed for any use other than for (1) single family residence shall be considered an Existing Development. The determination of Existing Developments is made by PU through the review of Real Estate files, Development Plan approval dates, and/or any other County records that establishes an Existing Development. This information will be reviewed for all parcels of land which may lie within the Utility Service Area. D. FIRST DEVELOPER: A subdivider, developer, individual land owner or Government department or agency that is required to design and install certain Utility Improvements providing additional capacity and/or Betterment Improvements in accordance with the County’s Water and Sewer Master Plan or as directed by PU. E. MASTER PROJECT PLAN: A proposed site plan and/or a subdivision plan which shows, as a minimum, street alignment, proposed land uses, and water and/or sewer improvements. This plan must be for the entire proposed project area, not individual sections, and must be in compliance with the County’s Water and Sewer Master Plan, or as directed by the PU. F. ON-SITE PARCELS: The parcel(s) of land subdivided or developed by the First Developer. G. OFF-SITE PARCELS: All parcels of land within the Utility Service Area of the Utility Improvements made by the First Developer that are beyond the boundaries of the First Developer’s parcel(s) of land. H. PRO-RATA SHARE PERCENTAGE: The proportionate impact each development’s calculated flows will have upon the total flow of water and/or sewage to be transported by the Utility Improvements installed by the First Developer. Said proportionate impact is to be expressed as a percentage of the total flow. I. PRO-RATA SHARE REIMBURSEMENT: The Pro-Rata Share due to the First Developer by any Subsequent Developer paid into an Agency Fund Account to be released by the County to the First Developer. 5 J. PRO-RATA SHARE: The proportionate cost of the Utility Improvements made by the First Developer for which the First Developer and each Subsequent Developer within the Utility Service Area of such improvements receive a service benefit. Said proportionate cost is to be determined by applying the Pro-Rata Share Percentage to the total cost of the improvements made by the First Developer. K. SUBSEQUENT DEVELOPER: A subdivider, developer or government department or agency, including the County, who’s succeeding development is within the Utility Service Area of those Utility Improvements designed and installed by the First Developer and will benefit from any additional capacity and/or Betterment Improvements installed by the First Developer. L. UTILITY SERVICE AREA: On-site and Off-site parcels of land and/or portions of parcels of land to be served or intended to be served by the Utility Improvements proposed by the First Developer within the County’s Water and Sewer Master Plan, or as directed by PU. M. UTILITY IMPROVEMENT(S): Water and/or sanitary sewer improvements designed and constructed in accordance with the County’s Water and Sewer Master Plan and/or as approved by the PU, which is to be dedicated to the County and owned and operated by the County. For other definitions pertaining to Subdivision and Developments, refer to the County’s Subdivision and/or Zoning Ordinance. III. APPLICATION OF POLICY A. GENERAL: PU may direct a developer to install additional capacity or Betterment Improvements within their proposed Utility Improvements to serve both On-site and Off-site parcels of land. Each Subsequent Developer whose development is within the Utility Service Area of the Utility Improvements, made by the First Developer, shall pay into an Agency Fund Account their Pro-Rata Share of the cost of such improvements on the specific utility capacity installed, which shall be disbursed to the First Developer upon written release by the County from the Agency Fund Account. IV. COST PARTICIPATION DETERMINATION: As part of the Development Plan review process and as specified in the PU Pro-Rata Share Procedures, attached hereto as Exhibit A and incorporated by reference herein, PU will implement the following steps in the determination of any potential cost participation agreements: 6 A. Determination of Utility Service Area(s); B. Pro-Rata Share eligibility determination; C. Utility Improvements and Betterment Improvements estimated cost calculations; and D. Utility Service Area Pro-Rata Share(s) calculation. The above procedures will establish the utility requirements of the First Developer and any Subsequent Developer cost participation. V. SUBSEQUENT DEVELOPER COST ALLOCATION Subsequent Developer(s) shall be required as a condition of their subdivision or Development Plan approval to pay their Pro-Rata Share costs of the Utility Improvements installed by the First Developer. The Subsequent Developer will be notified of their cost obligations subsequent to a pre-development meeting with PU, a zoning reclassification application review by PU, or any other indication of development of a parcel of land by which a Pro-Rata Share can be determined by PU. PU shall provide a formal notification of the Subsequent Developer’s Pro-Rata Share obligations, stating the amount due, via email and/or letter with copies to the General Services Director, the Department of Planning and Zoning, and the Department of Inspections as part of the plan review process. The County will not issue a Development Plan approval or issue a land disturbing permit, whichever is first, to a Subsequent Developer until such time that an Agency Fund Account has been established with their Pro-Rata Share, or estimated Pro-Rata Share, for the Utility Improvements and deposit made into the account. The Agency Fund Account established shall name the First Developer as the beneficiary and provide the provision for naming the County as the authority to release the Agency Fund Account funds to the First Developer. PU will notify the Departments of Planning and Zoning and Inspections once the Subsequent Developer has fulfilled its Pro-Rata Share obligations. VI. REIMBURSEMENT The First Developer may receive reimbursement after all of the following conditions have been met: A. The Utility Improvements have been installed by the First Developer in accordance with approved Development Plans. B. The First Developer has dedicated and recorded all easements and/or parcels to the County for the County’s operation and maintenance of the Utility Improvements C. PU has accepted the improvements into the County’s utility system. 7 D. The First Developer has submitted to PU certified documents, which serve to verify the total cost expended in designing and installing the Utility Improvements. E. The Subsequent Developer’s Development Plan has been submitted to the County for approval within fifteen (15) years of PU’s acceptance of those Utility Improvements installed by First Developer into the County’s utility systems. F. The Subsequent Developer has submitted to the County a Development Plan for review in accordance with the County’s Subdivision and/or Zoning Ordinance, and the County’s Water and Sewer Master Plan or as directed by PU and has deposited its Pro-Rata Share into the Agency Fund Account. VII. AGREEMENT All improvements by the First Developer that provide for additional capacity or Betterment Improvements as directed by PU and set forth in this PU Pro-Rata Share Policy shall require the execution of a cost participation agreement (Betterment Improvements), Pro- Rata Share agreement, or other type of agreement as required by the County specifying the required improvements, cost allocations, service area, agreement term, and other necessary terms, which shall be executed by the First Developer and the County. VIII. BONDS/SURETY A performance and payment surety shall be provided by the First Developer, in a form and amount acceptable to the County prior to commencing any Utility Improvements by the First Developer within or on facilities currently owned and operated by the County. All improvements to be installed or performed by the Developer within their development and currently not owned and/or operated by the County shall be bonded in accordance with the procedures set forth in the applicable County’s Ordinance. IX. INSURANCE The First Developer shall purchase and maintain the appropriate insurance coverage, as stipulated in the agreement, prior to initiating any work within or on facilities currently owned and/or operated by the County and shall name the County as an additional insured. X. AUTHORIZATION Each party signing an agreement pursuant to Section VII of this PU Pro-Rata Share Policy represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver the agreement and agrees to provide evidence of such authority and legal 8 capacity upon the other party’s request. Each party represents and warrants to the other that the execution and delivery of the agreement and the performance of such party’s obligations hereunder have been duly authorized and that the agreement is a valid and legally binding on such party and enforceable in accordance with its terms. By adoption of the PU Pro-Rata Share Policy by the County’s Board of Supervisors, the County Administrator shall have authorization to execute any agreement on behalf of the County that does not require the expenditure of County funds or where County funds were previously adopted within a County Capital Improvement Budget for the specified type of improvements provided in the agreement. Where County funds were not previously adopted in a Capital Improvement Budget and are required to be appropriated for the County’s participation in any Utility Improvements set forth in an agreement, action by the County Board of Supervisors will be required. XI. TERM OF PRO-RATA SHARE AGREEMENTS Each Pro-Rata Share Agreement shall have a term of fifteen (15) years or until such time the First Developer is fully reimbursed per the procedures provided within this policy, whichever is the earliest date. At no time shall a Pro-Rata Share Agreement extend beyond fifteen (15) years of the County’s acceptance of those utilities installed by the First Developer into the County’s systems. XII. COUNTY CONNECTION AND AVAILABILITY CHARGES All County utility connection and availability charges remain in effect in accordance with the County’s Code of Ordinances and as provided in the County’s Operating Budget Fee Schedule, as adopted by the County’s Board of Supervisors, and on file in the County Administration Office. No abatement or reimbursement of connection and/or availability charges will be considered under this PU Pro-Rata Share Policy. XIII. OTHER REGIONAL UTILITY IMPROVEMENT AGREEMENTS The County reserves the rights to enter into other forms of agreements, which are beneficial to the County for the purpose of constructing regional Utility Improvements and/or to promote economic development initiatives. XIV. UNIQUE AND NON-CONFORMING SITUATIONS In the administration and enforcement of this PU Pro-Rata Share Policy, PU shall have the discretion to apply the general principles expressed herein and/or if necessary develop procedures which would address any unique, non-conforming situation which may arise. EXHIBIT A ISLE OF WIGHT COUNTY PUBLIC UTILTIES PRO-RATA SHARE PROCEDURES 2 ISLE OF WIGHT COUNTY PUBLIC UTILITIES PRO-RATA SHARE PROCEDURES I. GENERAL: In support of the County’s adopted Public Utilities Pro-Rata Share Policy, the following establishes the standard procedures for: A. Determination of Utility Service Area(s); B. Pro-Rata Share eligibility determination; C. Utility Improvements and Betterment Improvements cost calculations; D. Utility Service Area Pro-Rata Share(s) calculation; E. Agreement; F. Final determination of Utility Improvement costs; G. Collection of allocated cost shares from Subsequent Developers; H. Reimbursement of allocated costs shares from Subsequent Developers to First Developer; and I. Unique and non-conforming situations. One (1) or more types of water and/or sewer (utility) improvements may qualify the First Developer to receive Pro-Rata Share reimbursements or reimbursements for requested Betterment Improvements. These procedures, and any subsequent amendments thereto, are hereby incorporated into the PU Pro-Rata Share Policy as if fully set forth therein. II. DETERMINATION OF UTILTY SERVICE AREA (S) The First Developer shall meet with representatives of the County’s PU in the pre- development process to discuss their Master Project Plans Utility Improvements and to determine whether the proposed Utility Improvements comply with the County’s Water and Sewer Master Plan, or other requirements by PU. The County may require the First Developer to provide Utility Improvements in accordance with the County’s Water and Sewer Master Plan which may serve both on-site and off-site parcels of land and provide additional capacity and/or Betterment Improvements. Based on the pre-development meeting(s), the First Developer shall submit final development Master Project Plans delineating a Utility Service Area for each Utility Improvement. The approved service 3 areas shall include all parcels of land intended to be served by each respective utility. Should PU require the Utility Improvements to provide additional capacity for off-site parcels, the service area maps for each Utility Improvement providing additional capacity will be the basis for the Pro-Rata Share estimated cost calculations. III. PRO-RATA SHARE ELIGIBILITY DETERMINATION Utility Improvements requiring additional capacity to serve subsequent developments beyond the First Developer’s capacity requirements will be considered as eligible for a Pro- Rata Share Reimbursement to the First Developer. Should any Utility Improvement not provide additional capacity or not require an increase in facility size beyond that required by the First Developer, the Utility Improvement will not be considered for any Pro-Rata Share Reimbursement. If a Utility Improvement does not require an increase in facility size but may be installed at a deeper depth to serve off-site parcels, such as gravity sewer mains for example, the Utility Improvement will be considered for a Pro-Rata Share Reimbursement. The County’s PU may require the First Developer to install utility services/laterals from their facilities to Existing Development along the First Developer utility corridor. The First Developer shall install such services/laterals without a Pro-Rata Share Reimbursement if the number of services does not exceed five (5) sewer laterals and/or five (5) water services. The First Developer shall not be eligible for Pro-Rata Share Reimbursement if the Existing Development does not create the need to upsize any of the First Developer’s proposed facilities to transport Existing Development. In addition, PU may require the First Developer to provide Betterment Improvements within a facility beyond what would normally be required to meet the First Developer’s capacity requirements or be required by regulatory and/or County standards. If the Betterment Improvements would not be normally installed within the First Developer’s Utility Improvements’ installation or rehabilitation, the Betterment Improvement would be considered for a direct reimbursement from the County. Available funding within the County’s Utility Fund Capital Budget shall be required for any direct reimbursement upon the completion of the work. Examples of a Betterment Improvements beyond the First Developer’s requirement would be the replacement of a fixture within a sanitary sewer pump station which is not in the necessary upgrades to meet the First Developer’s needs and/or the installation of additional water and/or sewer improvements for Existing Development beyond the requirements stated above. IV. UTILITY IMPROVEMENTS AND BETTERMENT IMPROVEMENTS COST CALCULATIONS Upon the determination of Utility Improvements eligibility for a Pro-Rata Share Reimbursement, the First Developer shall submit to PU preliminary estimated costs for each eligible Utility Improvement, a separate estimated cost for any required Betterment Improvement, and a separate estimated cost for any utility service/lateral beyond the first 4 five (5) water and/or five (5) sewer services/laterals. PU will review the submitted cost estimates and provide written notification to the First Developer, via email and/or letter, providing the County’s acceptance or comments on the submitted calculations. The First Developer may request to meet with representatives of PU to discuss any concerns with the County’s final calculations. Upon agreement, the submitted cost estimates will serve as the initial basis for determining the Pro-Rata Share calculations. The following incidental costs may be included as part of the cost calculations:  Bonds and permits  County plan review fees  County inspection charges  Finance charges The following specific costs that are not reimbursable include, but are not limited to:  Other miscellaneous fees (e.g. Attorney fees, recordation fees).  Utility Improvements proffered to the County through a Land Use Application.  County Utility Connection and Availability Charges.  All costs associated with the installation of the first five (5) water services and/or first five (5) sewer laterals. V. UTILITY SERVICE AREA PRO-RATA SHARE (S) CALCULATION The following will provide for the determination of Pro-Rata Share for each specific Utility Improvement: A. Sanitary Sewer Pump Station, Sewer Force Mains, and Gravity Sewer System: Should the County require the First Developer to install additional capacity within 1) their sanitary sewer pump station, 2) upgrades to existing County sewer pump stations, 3) sewer force mains, and/or 4) within portions of their gravity sewer system beyond the capacity required by the First Developer, a Pro-Rata Share of the facilities costs will be determined for each Subsequent Developer benefitting from the installed additional capacity. The First Developer and each Subsequent Development’s Pro-Rata Share shall be determined based on the proportionate impact each development’s flows will have upon the total flow of sewage from the entire Utility Service Area through the Utility Improvements. Flows will be calculated in accordance with County Standards. The degree of impact the First Developer’s and each Subsequent Developer’s flows will have upon the total flow shall be expressed as a percentage of the total flow. This percentage shall be applied to the estimated and final costs of designing and installing the Utility Improvements, facility upgrades, and Betterment Improvements (as appropriate). 5 In the event, an existing pump station(s) capacity are expanded, only the costs associated with the expansion shall be utilized and applied to Subsequent Developers benefitting. No allocation of the expanded capacity costs shall be allocated to Existing Development previously served prior to the pump station expansion. B. Water Mains: Should the County require the First Developer to install capacity within their water system, beyond the capacity required by the First Developer, a Pro-Rata Share will be determined for each Subsequent Developer whose property/properties/development abuts and benefits from the Utility Improvements installed. The First Developer and each Subsequent Development’s Pro-Rata Share shall be determined based on the proportionate impact each development will have upon the total flow from the entire Utility Service Area through the Utility Improvements made by the First Developer. The degree of impact each Subsequent Development will have upon the total flow shall be expressed as a percentage of the total flow through those Utility Improvements made by the First Developer. For water mains, the percentage shall be calculated based on the amount of flow (domestic and fire flow) each developer contributes to the total flow. The degree of impact the First Developer’s and each Subsequent Developer’s flows will have upon the total flow shall be expressed as a percentage of the total flow through those water improvements made by the First Developer. This percentage shall be applied to the estimated and final costs of designing and installing the Utility Improvements (as appropriate). PU will establish the standard operating parameters for the water system improvements to determine the Pro-Rata Share Percentages. C. Vacant Off-Site Parcels Flow Estimates: Flow estimates for vacant off-site parcels of land will be determined on the basis of usable acreage; maximum density permitted under the County’s Comprehensive Land Use Plan, Ordinance, and recognized rates of flow provided within this section for the use of the parcel of land, or as directed by PU. VI. AGREEMENT An Agreement specifying the required improvements, estimated cost allocations, Utility Improvement(s) service area, agreement term, and other necessary terms will be developed by the PU, reviewed by the County Attorney Office, and forwarded to the First Developer for execution. Upon receipt of the executed Agreement by the County from the First Developer, PU will coordinate the appropriate actions necessary for the County’s execution of the Agreement. Copies of the executed Agreement shall be provided to PU, Department of Planning and Zoning and the Department of Inspections. 6 VII. FINAL DETERMINATION OF UTILITY IMPROVEMENT COSTS Once the First Developer has installed the Utility Improvements in accordance with the approved Development Plans and after acceptance of the same by PU into the County’s utility systems, the First Developer shall submit appropriate documents certified by the First Developer to PU which reflect the actual costs of the installed Utility Improvements. PU will review the certified cost documents in conjunction with the construction record drawings and field inspection logs to verify that the construction costs are reasonable and in accordance with fair market costs at the time the Utility Improvements were installed and accepted by the County. This will be done by comparing the submitted costs with recent County projects of like or similar nature and/or by contacting local contractors to obtain current market costs. If the submitted costs are deemed unreasonable, then the costs which best reflect current fair market costs will be used. The construction, design and land costs directly related to the design and installation of the Utility Improvement are considered for reimbursement eligibility. Land costs will be determined based on the First Developer’s documented land acquisition costs. Upon approval of the project’s costs, PU will determine the final Pro-Rata Shares in accordance with the Pro-Rata Share Percentages. Any Betterment Improvements shall be calculated separately and reimbursed by the County within sixty (60) days of the County’s acceptance of the improvements. In the event the First Developer fails to complete the installation of their Utility Improvements, or portions thereof, resulting in the failure for a Subsequent Developer to receive any benefit, the Subsequent Developer shall not be responsible for their Pro-Rata Share until such time benefit is received. VIII. COLLECTION OF ALLOCATED COST SHARES FROM SUBSEQUENT DEVELOPERS Within fifteen (15) years of acceptance by the County of Utility Improvements installed by a First Developer in accordance with the PU Pro-Rata Share Policy and applicable local law, a Subsequent Developer whose project was intended to be served by such Utility Improvements installed by the First Developer will be required to pay their Pro-Rata Share in accordance with the procedures stated herein. Formal notification of the Subsequent Developer’s Pro-Rata Share obligations, stating the amount due, will be via email and/or letter with copies to PU and the Department of Planning and Zoning. Formal notification shall be provided to a Subsequent Developer after PU has held a pre-development meeting with the Subsequent Developer and the Subsequent Developer has provided sufficient information for PU’s determination of their Pro-Rata Share. 7 The Subsequent Developer shall deposit their Pro-Rata Share in to an Agency Fund Account prior to the issuance of a land disturbance permit by the Department of General Services. The Agency Fund Account shall name the First Developer as the beneficiary and provide the County as the release agent. Once the Pro-Rata Share has been deposited within an approved Agency Fund Account, PU will notify the Departments of Planning and Zoning and Inspections that the Subsequent Developer has fulfilled their Pro-Rata Share obligations. In the event the First Developer has not fully installed the Utility Improvements and final determination of the Utility Improvements costs has not been completed, the Subsequent Developer’s Pro-Rata Share will be based on the initial estimated Utility Improvements cost. Should the deposited Pro-Rata Share by the Subsequent Developer prove to be less than the final determination of the Pro-Rata Share, the Subsequent Developer shall deposit the remaining balance into the Agency Fund Account prior to the acceptance of the Subsequent Developer’s utility infrastructure improvements or the issuance of any certificate of occupancy, whichever is first. In the event the deposited estimated Pro-Rata Share is greater than the final calculated Pro-Rata Share, the County shall only authorize the release of the final Pro-Rata Share amount to the First Developer and the remaining balance shall be returned to the Subsequent Developer. IX. REIMBURSEMENT OF ALLOCATED COST SHARES FROM SUBSEQUENT DEVELOPERS TO FIRST DEVELOPER The County shall release the Subsequent Developer’s Pro-Rata Share to the First Developer within sixty (60) calendar days of the Subsequent Developer’s deposit of their Pro-Rata Share into their Agency Fund Account and any necessary subsequent deposits, upon the completion of the following conditions: A. The Utility Improvements have been installed by the First Developer in accordance with approved Development Plans. B. The First Developer has dedicated and recorded all easements and/or parcels to the County for the County’s operation and maintenance of the Utility Improvements. C. PU has accepted the improvements into the County’s utility system. D. The First Developer has submitted certified documents to PU which serve to verify the total cost expended in designing and installing the Utility Improvements. E. The Subsequent Developer’s Development Plan has been submitted to the County for approval within fifteen (15) years of PU’s acceptance of those Utility Improvements installed by First Developer into the County’s utility systems. F. The Subsequent Developer has submitted a Development Plan to the County for review in accordance with the County’s Subdivision and/or Zoning Ordinance, and 8 the County’s Water and Sewer Master Plan, or as directed by PU, and has deposited its Pro-Rata Share into the Agency Fund Account. X. UNIQUE AND NON-CONFORMING SITUATIONS In the administration and enforcement of the policy and procedures, PU shall have the discretion to apply the general principles expressed herein and/or if necessary develop procedures which would address any unique, non-conforming situation which may arise. Certain special or unique conditions that do not follow the above procedures are addressed below: A. A Subsequent Developer desires to complete the First Developer’s Utility Improvements on an advanced schedule. If feasible, the Subsequent Developer may request an assignment of the First Developer’s Agreement. B. A sewer pump station service area is requested to be expanded to include a development not originally included in the original Pro-Rata Share calculations and also not included in any other pump station service area. These situations will be reviewed to determine if sufficient capacity is available beyond what had previously been planned. C. If Utility Improvements installed by the First Developer were designed to serve subsequent developments, and such developments could have used the improvements, but chose not to, the Pro-Rata Share is owed by the Subsequent Developer, regardless of whether or not the improvements are used by the Subsequent Developer. DRAFT 12-8-14 1 SAMPLE PRO-RATA SHARE AGREEMENT THIS AGREEMENT, made this ____day of _________, 20__ by and between ISLE OF WIGHT COUNTY, a municipal corporation of the Commonwealth of Virginia, hereinafter called the “County”, party of the first part; and ________________________________, hereinafter called “Developer”, party of the second part. WITNESSETH: WHEREAS, Developer recognizes that it is essential to have adequate County water and/or sanitary sewer service to their development (Tax Map & Parcel No. __________) located at _______________________ in ________________, Virginia to meet their proposed development’s potable water and/or sanitary sewer demands; and WHEREAS, the County desires additional capacity within the proposed water and sanitary sewer improvements to be designed and constructed by the Developer, hereinafter referred to as the “Project”, to meet the County’s long-range water and sanitary sewer systems needs and to service future developments; and WHEREAS, the County’s Public Utilities Pro-Rata Share Policy (the “Policy”) sets forth the method and process the Developer shall be reimbursed for their design and construction of the Project; and WHEREAS, the Developer is willing to construct the Project, as approved by the Public Utilities Division, and the County is willing to accept the Project into its water and sanitary sewer systems upon the conditions hereinafter set forth. NOW THEREFORE, this AGREEMENT, by the parties here to-wit: 1. Developer covenants and agrees that the Project will be designed by a registered professional engineer licensed by the State of Virginia, and constructed, by a Contractor licensed by the State of Virginia. The Project will be designed and constructed as approved by the County’s Public Utilities Division (PU), and shall meet the County’s current design and construction standards. In addition, the Developer, or their engineer, shall obtain approvals from the Virginia Department of Health and Department of Environmental Quality for the construction of the Project. DRAFT 12-8-14 2 The Developer will also obtain all other necessary permits and approvals for construction. 2. The Project is identified as: [PROJECT FACILITIES WILL BE UNIQUELY SPECIFIED IN EACH AGREEMENT] 3. Developer will acquire all necessary properties, permanent utility and/or construction easements, which will be conveyed to the County for the operation and maintenance of the Project. All portions of the Project owned and/or installed by the Developer will be delivered free and clear of all liens or encumbrances. The Developer will warrant and provide surety in an amount of ten (10) percent of the cost of installation of all improvements. Warranty and surety shall be maintained for a period of one (1) year after acceptance by the County. 4. The Project’s facilities shall be designed and constructed to provide [INSERT APPLICABLE EXHIBIT(S)] 5. Pro-Rata Share Reimbursement: In accordance with the Policy, the Developer will be eligible for reimbursement from subsequent developers benefitting from the Project as stipulated below: [INSERT APPLICABLE EXHIBIT(S) AND CONDITIONS] 6. Developer agrees to pay all utility fees associated with connection of the Developer’s property to the County’s systems. 7. Term: The term of this Agreement shall be a period of fifteen (15) years from the date the County accepts the utility improvements into its system or until the Developer is fully reimbursed for their costs identified above. Whichever date occurs first. 8. Default: In the event that the Developer shall for any reason or through any cause be in default of the terms of this Agreement, the County may give the Developer written notice of such default. DRAFT 12-8-14 3 Unless otherwise provided, Developer shall then have Thirty (30) days from the date such notice is received to cure the default. Upon failure of the Developer to cure the default, the County may immediately cancel and terminate this Agreement as of the date of the default notice and shall be entitled to pursue all other remedies available by law. In the event of violations of law, safety or health standards and regulations, this Agreement may be immediately canceled and terminated by the County and provisions herein with respect to opportunity to cure default shall not be applicable. 9. Virginia Contract: This Agreement shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all questions arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. The Developer shall comply with all applicable federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the performance of their respective obligations set forth herein. The Developer represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this Agreement prior to the initiation of work. Developer further represents that it is a company in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of this Agreement. The Developer shall at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of their respective obligations set forth herein. 10. Venue: Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement shall be maintained in the appropriate court of competent jurisdiction in Isle of Wight County, Virginia. 11. Name of Project Contact: DRAFT 12-8-14 4 Any notice given hereunder may be mailed, delivered or faxed to the named project contact at the address provided below: If to County: ____________________________ ____________________________ ____________________________ If to Developer: ____________________________ ____________________________ ____________________________ 12. Non Assignment: The Developer shall not assign its respective rights and duties under this Agreement without the prior written consent of the County, which consent shall not be unreasonably withheld. 13. Compliance with Federal Immigration Law: The Developer, including its contractors, subcontractors, and authorized agents do not, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien as defined in the Federal Immigration Reform and Control Act of 1986. 14. Modification: There may be no modification of this Agreement, except in writing, executed by the authorized representatives of the Parties. 15. Successors and Assigns: This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns. 16. Severability: DRAFT 12-8-14 5 If any part, term, or provision of this Agreement, shall be found by a court of competent jurisdiction to be legally invalid or unenforceable, then such provision or portion thereof, shall be performed in accordance with applicable laws. The invalidity or unenforceability of any provision or portion of the Agreement shall not affect the validity of any other provision or portion of the Agreement. 17. Waivers: The failure of any party to insist upon strict performance of any obligation in this Agreement shall not constitute a waiver of said party’s right to demand strict compliance therewith in the future. 18. Authority to Sign: The undersigned representative of the Developer represents and warrants that he/she is authorized to execute this Agreement on behalf of the Developer and that the execution and delivery of this Agreement has been duly authorized by all appropriate and necessary action. 19. Counterparts: This Agreement may be executed in counterparts, and any number of counterparts signed in the aggregate by the parties will constitute a single, original instrument. 20. Non-Appropriation: [USE ONLY WHERE COUNTY FUNDS ARE INVOLVED] It is understood and agreed between the parties hereto that the County shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this Agreement. In the event funds are not appropriated and budgeted in any fiscal year for payments due under this Agreement, the County shall immediately notify the Developer of such occurrence and this Agreement shall terminate on the last day of the fiscal year for which the appropriation was made without penalty or expense to the County of any kinds whatsoever. 21. No Delay for Litigation: DRAFT 12-8-14 6 The Developer shall not cause a delay in services because of the pending or during litigation proceedings, except with the express, written consent of the County or written instruction/order from the Court. 22. Indemnification/Hold Harmless: [APPLIES ONLY WHERE COUNTY FUNDING AND/OR A COUNTY FACILITY IS INVOLVED] The Developer shall, during the term of the contract, indemnify and hold harmless the County from and against any and all losses, damages, claims, fines, penalties, suits and costs, including bodily injury or death of any person(s), or loss or damage to property, as well as fines, assessments and penalties imposed by any authority which may arise out of any violations of law by, and all acts and omissions of the Developer, the Developer’s agents, employees occurring in connection with the products, completed operations, and other services covered herein. 23. Insurance: [APPLIES ONLY WHERE COUNTY FUNDING AND/OR A COUNTY FACILITY IS INVOLVED] Developer shall purchase and maintain the following insurance coverage: A. Workers Compensation As statutorily required by the Commonwealth of Virginia. Employers Liability: $1,000,000. B. Commercial General Liability Minimum Limits General Liability: $1,000,000 General Aggregate Limit $1,000,000 Products & Completed Operations $1,000,000 Personal and Advertising Injury $1,000,000 Each Occurrence Limit $ 50,000 Fire Damage Limit $ 5,000 Medical Expense Limit C. Auto Liability Insurance Coverage sufficient to cover all vehicles owned, used, or hired by the Contractor, his agents, representatives, employees or subcontractors. DRAFT 12-8-14 7 Minimum Limits Automobile Liability: $1,000,000 Combined Single Limit D. Should the Developer lease his equipment, it shall be the Developer’s responsibility to obtain any necessary additional insurance, at Developer’s expense. E. A certificate evidencing the above insurance coverage shall be provided by the Developer to the County prior to the commencing work. The County shall be named as an additional insured; endorsements of same shall be submitted with certificate. It shall be the Developer’s responsibility to keep the required insurance coverages in full force, and without lapse, during the entire term of this agreement. Notices of cancellation or any changes to insurance shall be provided to the County thirty (30) days prior to the effective date of such change or cancellation. F. All insurance shall be placed with insurers maintaining an A.M. best rating of no less than A:Vll. 24. Non-discrimination: [APPLIES ONLY WHERE COUNTY FUNDING AND/OR A COUNTY FACILITY IS INVOLVED] A. During the performance of this contract, the Developer agrees as follows: 1.) The Developer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, service disabled veterans or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Developer. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2.) The Developer, in all solicitations or advertisements for employees placed by or on behalf of the Developer, will state that such Developer is an equal opportunity employer. DRAFT 12-8-14 8 3.) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting these requirements. B. The Developer will include the provisions of the foregoing clause (1), (2), and (3) in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. 25. Drug-Free Workplace: [APPLIES ONLY WHERE COUNTY FUNDING AND/OR A COUNTY FACILITY IS INVOLVED] During the performance of this contract, the Developer agrees to (1) provide a drug- free workplace for the Developer's employees; (2) post in conspicuous place, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Developer's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (3) state in all solicitation or advertisement for employees placed by or on behalf of the Developer that the Developer maintains a drug-free workplace; and (4) include the provisions of the foregoing clauses (1), (2), and (3) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a Developer, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. 26. Responsibility of Developer [APPLIES ONLY WHERE COUNTY FUNDING AND/OR A COUNTY FACILITY IS INVOLVED] The Developer shall, without additional costs or fee to the County, correct or revise any errors or deficiencies in his performance. Neither the County’s review, approval or acceptance of, nor payment for any of the services required under this Agreement shall be deemed a waiver of rights by the County, and the Developer shall remain liable to the County for all costs which are incurred by the County as a result of the Developer’s negligent performance of any of the services furnished under this DRAFT 12-8-14 9 Agreement. 27. Payment to Subcontractor [APPLIES ONLY WHERE COUNTY FUNDING AND/OR A COUNTY FACILITY IS INVOLVED] Payments to subcontractor shall be made in accordance with § 2.2-4354 of Code of Virginia (1950), as amended. Unless otherwise specified in this Agreement, interest shall accrue at the rate of one percent (1%) per month. 28. Requirement of FIN/SSN: [APPLIES ONLY WHERE COUNTY FUNDING AND/OR A COUNTY FACILITY IS INVOLVED] For payment purposes, individual Developers shall provide their social security numbers, and proprietorships, partnerships, and corporations shall provide their federal employer identification number. DRAFT 12-8-14 10 In witness whereof, the parties hereto have caused the same to be signed as of the date above and by their duly authorized officers. ISLE OF WIGHT COUNTY, VIRGINIA By_______________________________ ATTEST: _______________________________ Approved As To Form: _______________________________ DEVELOPER: _______________________________ By: Title: ATTEST: _______________________________ Motion to Authorize Organizational Meeting of BOS; CBM; 12/18/2014 ISSUE: Motion – Authorizing an Organizational Meeting of the Board of Supervisors to be Held on January 5, 2015 BACKGROUND: At the beginning of each calendar year, the Board of Supervisors holds an Organizational Meeting to select its Chairman and Vice Chairman. Since New Year’s Day falls on the first Thursday of January 2015, it is recommended that the Board of Supervisors convene its annual Organizational Meeting on Monday, January 5, 2015. BUDGETARY IMPACT: None RECOMMENDATION: Adopt a motion to authorize an Organizational Meeting of the Board of Supervisors to be held on January 5, 2015 at _______ time. ATTACHMENTS: None Board of Supervisors Meeting December 18, 2014   ISSUE: Motion to Authorize a Proposed Joint Industrial Development Authority and Board of Supervisors Worksession on Tuesday, January 13, 2015 BACKGROUND: At its regular meeting in August 2014, the County’s Industrial Development Authority (IDA) requested Economic Development staff to research the differences between an Industrial Development Authority and an Economic Development Authority (EDA). The members of the IDA also asked staff to survey other localities who made the transition from an IDA to an EDA to determine what, if any, impacts they experienced. In addition, on November 19, 2014, staff discussed the survey of other localities with members of the Board of Supervisors’ Community Development Committee. The Committee members suggested that the Board of Supervisors together with the IDA begin a dialogue on the concept of a name change from an IDA to an EDA. The County Attorney surveyed other Virginia localities and received responses from a number of communities from Floyd County to Loudoun County, with each indicating no operational changes resulting from the name change. From a legal standpoint, both an IDA and an EDA are the product of the same statute in the Code of Virginia. Operationally, a name change would most likely result in an increased involvement in community development rather than a sole focus on industrial development. The Board may wish to schedule a joint work session with the IDA to discuss the following: 1. Potential transition of the County’s IDA to an EDA with a presentation by Sandy McNinch, General Counsel with the Virginia Economic Development Partnership (VEDP), Board of Supervisors Meeting December 18, 2014   2. How to best position the Shirley T. Holland Intermodal Park to encourage port-related economic activity including a presentation by Russell Held of the Port of Virginia, and 3. Future infrastructure improvements to the Shirley T. Holland Intermodal Park. RECOMMENDATION: Authorize a joint work session with the IDA on Tuesday, January 13, 2015 at ______ time. ATTACHMENTS: None ISSUE: Matters for the Board’s Information BACKGROUND: The matters attached to this Board report are included as 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 November 2014, Cash Position, and Treasurer’s Accountability 2. Health Department Renovation and Ribbon Cutting 3. Fire and Rescue Activity Report 4. County Website Statistics – November 2014 5. Charter Price Adjustment Notice 6. Quarterly Financial Report Detail from 11-20-14 Meeting 7. Isle of Wight Volunteer Rescue Squad Ribbon Cutting 8. Litter Pickup Schedule 9. FY2015-16 Budget Calendar COUNTY OF ISLE OF WIGHT STATEMENT OF THE TREASURER'S ACCOUNTABILITY October 2014 Institution Instrument Rate Term Maturity Balance Cash Petty Cash $1,749.44 SUB TOTAL $1,749.44 Checking Accounts Bank of America General Fund Checking $1,586,513.30 Bank of America School General Fund Checking $3,964,215.29 Bank of America DSS General Fund Checking $1,756,488.06 Bank of America County Payroll Account $127.78 Bank of America School Payroll Account $0.00 Bank of America DSS Payroll Account $0.00 SUB TOTAL $7,307,344.43 Investments Bank of America Emergency Fund Checking 0.20%$2,548.46 Bank of America Investment Fund 0.20%$1,186,585.15 LGIP General Fund Investment 0.10%$2,573,998.32 SUB TOTAL $3,763,131.93 Restricted Funds Bank of America School Escrow Fund 0.20%$5,991.79 Bank of America General Recoupment Funds 0.20%$8,803.98 Bank of America Benn's Church Funds 0.20%$22,096.25 Bank of America Special Welfare Funds 0.20%$0.00 Bank of America Special Welfare Donated Funds 0.20%$11,709.75 Bank of America Special Welfare Child Support 0.20%$0.00 Bank of America School's Camp Foundation 0.20%$24,397.37 Bank of America School Food Service Funds 0.20%$444,174.56 BNY Mellon Pace Funds $1,958,210.10 SUB TOTAL $2,475,383.80 Bond Proceeds--Invested in SNAP 2010B Bond $1,140,714.88 2010B Bond Interest 0.14%$32,526.30 2010C Bond $495,196.17 2010C Bond Interest 0.14%$30,325.76 2011A Bond $922,187.26 2011A Bond Interest 0.14%$73,717.59 2011B Bond $1,110,424.05 2011B Bond Interest 0.14%$27,245.78 2011C Bond $124,102.27 2011C Bond Interest 0.14%$45,484.81 2012 Bond $13,269,925.14 2012 Bond Interest 0.14%$64,764.47 SUB TOTAL $17,336,614.48 TOTAL OF ALL FUNDS$30,884,224.08 MEMORANDUM    TO:  Anne F. Seward, County Administrator    FROM: Don Robertson, Director of Information Resources &  Legislative Affairs     SUBJECT: Health Department Renovation and Ribbon Cutting    DATE: December 9, 2014  The County’s renovation of the Isle of Wight Health Department (formerly the Smithfield Medical Clinic) is substantially complete and the building has been turned over to the Health Department for occupancy. This is a long-awaited project that will greatly improve the accommodations of the staff and customers at the Health Department. The updated facility and increased square footage will allow the County to receive an increase in the rental amount paid by the Commonwealth of Virginia. Staff is in the process of coordinating with the Health Department to schedule a date and time for a ribbon cutting and tour of the facility. Additionally, staff will be evaluating the remaining portion of the building (previously occupied by the Health Department) to determine it suitability for occupancy by another agency. MEMORANDUM   TO: Anne Seward, County Administrator FROM: Frank Haltom, General Services Director SUBJECT: Isle of Wight Rescue Squad Ribbon Cutting Ceremony DATE: December 8, 2014 The Isle of Wight Rescue Squad facility has reached substantial completion as of October 31, 2014. The final Certificate of Occupancy was issued on December 1, 2014. The Isle of Wight Rescue Squad will have the ability to begin operations from the new facility in the first week of January 2015. A ribbon cutting ceremony has been tentatively scheduled for January 23, 2015. MEMORANDUM   TO: Anne Seward, County Administrator FROM: Ralph Anderson, Solid Waste Division Manager SUBJECT: Solid Waste Division Contact Form and Litter Pick-up Update DATE: December 5, 2014 I. The Solid Waste Division of General Services has implemented a Contact Form on the Division’s main webpage http://www.co.isle-of-wight.va.us/solid-waste/. The Solid Waste Division is committed to providing excellent service and quality to the residents of Isle of Wight County. One way to ensure this goal is being effectively achieved is to create an environment where contact and constructive feedback is encouraged and complaints are effectively addressed. The online Contact Form provides another mechanism that allows residents to reach the Solid Waste Division to ask questions regarding convenient center, solid waste and recycling matters, request general information, report a complaint or concern, report a litter violation, or make a general comment. The resident can submit anonymously or provide contact information if they would like a response to their submission. The Solid Waste Division also maintains a Division-wide “drop-box” phone number and email address, which is also provided on the webpage. These digital “drop-boxes” allow anyone in the Solid Waste Division to check voicemails and respond to emails submitted by residents. II. 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 months of September thru November due to the focus on improving the recycling programs, illegal dumping investigation and the limitation on the available number of Work Release inmates from the Western Tidewater Regional Jail.  The following is a list of roads where litter was picked up during the months of August and September 2014: Central Hill Rd: Courthouse Hwy to Route 620. Nike Park Rd: Battery Park Rd to Reynolds Dr.  The following is a list where litter is scheduled to be picked up during the months of December 2014 and January 2015: Route 10: Courthouse Hwy to Ft Huger Dr. Old Stage Hwy: Route 10 to Berry Hill Rd. Berry Hill Rd: Route 10 to Old Stage Hwy. Foursquare Rd: Courthouse Hwy to Ting Rd. Waterworks Rd: Courthouse Hwy to Mt Holly Creek Ln Nike Park Rd: Battery Park Rd to Reynolds Dr. Titus Creek Rd: Nike Park Rd to Smiths Neck Rd. Reynolds Dr.: Brewers Neck Blvd to Smiths Neck Rd. Scott`s Factory Rd: Courthouse Hwy to Turner Dr. Bethel Church Ln: Waterworks Rd to Blairs Creek Dr. December 19, 2014 Budget Packages Distributed to Departments / Agencies / Local Organizations Local Organization Application Notices & Web Posting January 15, 2015 Departmental & Agency Budget Requests Due January 15, 2015 Local Organization Application Request Deadline April 1, 2015 County Administrator's Proposed Budget Presented to Board of Supervisors & Motion for Public Hearing on April 16, 2015 April 6 - 7, 2015 Public Hearing Advertisement for Proposed Budget & Resolutions April 9, 2015 Board of Supervisors Budget Work Session #1 Proposed Budget Public Information Meeting April 16, 2015 Board of Supervisors Budget Work Session #2 Board of Supervisors Public Hearing on Proposed Budget & Resolutions April 20, 2015 Budget Adoption Ordinance Public Notice #1 April 23, 2015 Board of Supervisors Budget Work Session #3 April 27, 2015 Budget Adoption Ordinance Public Notice #2 May 1, 2015 Adoption of County Budget & Ordinances Isle of Wight Budget Development Calendar - FY 15-16