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HomeMy WebLinkAbout2010-8-11Tentative BOARD OF SUPERVISORS T E N T A T I V E AUGUST 11, 2010 COUNTY OFFICE BUILDING 4:00 P.M. – Room 241 1. Call to Order. 2. Work Session: Budget Funding Allocations. 3. Recess. 6:00 P.M. , REGULAR NIGHT MEETING – LANE AUDITORIUM 4. Call to Order. 5. Pledge of Allegiance. 6. Moment of Silence. 7. Recognition: a. Proclamation Recognizing the 90th Anniversary of Women Obtaining the Right to Vote and Recognizing August 26, 2010 as Women's Equality Day. 8. From the Board: Matters Not Listed on the Agenda. 9. From the Public: Matters Not Listed for Public Hearing on the Agenda. 10. Consent Agenda (on next sheet). 11. Public Hearing to receive comments on an ordinance to amend Chapter 6, Fire Protection, Article I, In General, of the Albemarle County Code. The ordinance would establish a coordinated fire and rescue system, encompassing the County’s volunteer and career memberships, under the direction of a fire and rescue chief. Section 6- 100 regarding the office of the fire marshal and section 6-102 regarding the Junior Firefighters Program would be renumbered and updated to further clarify their responsibilities and to conform with State Code. Section 6-101 regarding precautions to prevent the spread of fire and related penalties would be repealed because this provision is set forth in Virginia Code § 10.1-1142, which may be enforced by the Fire Marshal without an ordinance. 12. From the Board: Matters Not Listed on the Agenda. 13. Adjourn. C O N S E N T A G E N D A FOR APPROVAL: 10.1 Approval of Minutes: May 5, 2010. file:////coba-webapp01/BOSForms/Agenda/2010Files/Migration/20100811/00_Agenda.htm (1 of 2) [10/1/2020 1:40:29 PM] Tentative 10.2 Resolution: Proposed Plan of Financing for Martha Jefferson Hospital and MJH Foundation. Return to Top of Agenda Return to Board of Supervisors Home Page Return to County Home Page file:////coba-webapp01/BOSForms/Agenda/2010Files/Migration/20100811/00_Agenda.htm (2 of 2) [10/1/2020 1:40:29 PM] August 10, 2010 Board of Supervisors County of Albemarle, Virginia 401 McIntire Road Charlottesville, Virginia 22902 Economic Development Authority of Albemarle County, Virginia Proposed Plan of Financing for Martha Jefferson Hospital and MJH Foundation Martha Jefferson Hospital and its affiliates (collectively, "Martha Jefferson Hospital") have requested that the Economic Development Authority of Albemarle County, Virginia ("Authority") approve the deemed reissuance of allocable bonds (the "Deemed Reissuance") on account of the proposed sale of Martha Jefferson Hospital's existing acute care hospital facility in the City of Charlottesville. The allocable bonds are up to $7,000,000 aggregate face amount of the Authority's Hospital Revenue Bonds (Martha Jefferson Hospital), Series 2002 and 2003. The proceeds from the sale will be used to finance costs associated with the acquisition, construction, equipping and furnishing of an approximately 456,358 square foot, five-story replacement acute care hospital facility consisting of approximately 176 beds currently under construction at the Peter Jefferson Place business office park near the intersection of Willis Drive and Peter Jefferson Parkway in Albemarle County, Virginia. As set forth in the resolution of the Authority attached hereto ("Resolution"), the Authority has agreed to approve the Deemed Reissuance as requested. The Authority has conducted a public hearing and has recommended that you approve the Deemed Reissuance as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 15.2 - 4906 of the Code of Virginia of 1950, as amended. Attached hereto is (1) a certificate evidencing the conduct of the public hearing and the action taken by the Authority, (2) the Fiscal Impact Statement required pursuant to Virginia Code Section l5.2-4907, and (3) the form of resolution suggested by counsel to evidence your approval. __________________________________________ Chairman, Economic Development Authority of Albemarle County, Virginia Return to consent agenda Return to regular agenda \13030023.2 CERTIFICATE The undersigned Chairman of the Economic Development Authority of Albemarle County, Virginia ("Authority") certifies as follows: 1. A meeting of the Authority was duly called and held on August 10, 2010 at 4:00 o'clock p.m. in the Fourth Floor Conference Room, at 401 McIntire Road, in Charlottesville, Virginia, pursuant to proper notice given to each Director of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chairman announced (a) the commencement of a public hearing on the request of Martha Jefferson Hospital and its affiliates (collectively, "Martha Jefferson Hospital") for the Authority to approve the application of the proceeds from the sale of the existing Martha Jefferson Hospital site in the City of Charlottesville to project costs associated with the new Martha Jefferson Hospital site on Pantops Mountain and (b) that a notice of the hearing was published once a week for two successive weeks in a newspaper having general circulation in the County of Albemarle ("Notice"), with the second publication appearing not less than seven days nor more than twenty-one days prior to the hearing date. A copy of the Notice has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of a resolution ("Resolution") adopted at such meeting of the Authority by a majority of the Directors present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on this date. -2- WITNESS my hand and the seal of the Authority, this 10th day of August, 2010. ____________________________________ [SEAL] Secretary, Economic Development Authority of Albemarle County, Virginia Exhibits: A - Copy of Certified Notice from Newspaper B - Summary of Statements C - Public Hearing Resolution \13030023.2 EXHIBIT B Summary of Statements Representatives of Martha Jefferson Hospital appeared before the Authority to explain the proposed plan for the application of the proceeds from the sale of its existing hospital in the City of Charlottesville to project costs associated with its new hospital currently under construction on Pantops Mountain. No one appeared in opposition. \13030023.2 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA AUTHORIZING THE DEEMED REISSUANCE OF UP TO $7,000,000 REVENUE BONDS FOR THE BENEFIT OF MARTHA JEFFERSON HOSPITAL AND ITS AFFILIATES WHEREAS, the Economic Development Authority of Albemarle County, Virginia, a political subdivision of the Commonwealth of Virginia ("Authority"), is empowered by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended ("Act"), to issue its revenue bonds to protect and promote the health and welfare of the inhabitants of the Commonwealth of Virginia by assisting in the acquisition, construction, equipping, expansion, enlargement and improvement of medical facilities in order to provide modern and efficient medical services to the inhabitants of the Commonwealth of Virginia. WHEREAS, the Authority has received a request from Martha Jefferson Hospital and its affiliates (collectively, "Martha Jefferson Hospital"), requesting the Authority to approve the deemed reissuance of allocable bonds (the "Deemed Reissuance") on account of the proposed sale of Martha Jefferson Hospital's existing acute care hospital facility in the City of Charlottesville. The allocable bonds are up to $7,000,000 aggregate face amount of the Authority's Hospital Revenue Bonds (Martha Jefferson Hospital), Series 2002 and 2003. The proceeds from the sale will be used to finance costs associated with the acquisition, construction, equipping and furnishing of an approximately 456,358 square foot, five-story replacement acute care hospital facility consisting of approximately 176 beds currently under construction at the Peter Jefferson Place business office park near the intersection of Willis Drive and Peter Jefferson Parkway in Albemarle County, Virginia. WHEREAS, such assistance will benefit the inhabitants of Albemarle County, Virginia and the Commonwealth of Virginia. WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended ("Code"), and Section 15.2-4906 of the Act. WHEREAS, no member of the Board of Directors of the Authority is an officer or employee of Albemarle County, Virginia; each member has, before entering upon his duties during his or her present term of office, taken and subscribed to the oath prescribed by Section 49-1 of the Code of Virginia of 1950, as amended; and at the time of their appointments and at all times thereafter, including the date hereof, all of the members of the Board of Directors of the Authority have satisfied the residency requirements of the Act. WHEREAS, no member of the Board of Directors of the Authority has any personal interest or business interest in Martha Jefferson Hospital, or any of the transactions contemplated herein or has otherwise engaged in conduct prohibited under the Conflict of Interests Act, Chapter 40.1, Title 2.1 of the Code of Virginia of 1950, as amended in connection with this resolution or any other official action of the Authority in connection therewith. -2- NOW, THEREFORE, IT IS RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF ALBEMARLE COUNTY, VIRGINIA: 1. It is hereby found and determined that the Deemed Reissuance will be in the public interest and will promote the health and welfare of the Commonwealth of Virginia, the County of Albemarle, and their citizens. 2. The Authority hereby approves the Deemed Reissuance. 3. All costs and expenses in connection with the Deemed Reissuance, including the fees and expenses of Bond Counsel and Authority Counsel, shall be paid by Martha Jefferson Hospital. If for any reason the Deemed Reissuance does not occur, it is understood that all such expenses shall be paid by Martha Jefferson Hospital and that the Authority shall have no responsibility therefor. 4. By presenting this resolution to the Authority, Martha Jefferson Hospital agrees to indemnify and save harmless the Authority, its officers, directors, employees and agents from and against all liabilities, obligations, claims, damages, penalties, losses, costs and expenses in any way connected with the Deemed Reissuance, so long as such liabilities, obligations, claims, damages, penalties, losses, costs and expenses do not result from the Authority's gross negligence or its willful, wrongful acts. 5. The Authority recommends that the Board of Supervisors of Albemarle County, Virginia, approve the Deemed Reissuance. The Deemed Reissuance may not be finalized until such time as it has been approved by such Board of Supervisors. 6. This resolution shall take effect immediately upon its adoption. -3- CERTIFICATE The undersigned Secretary of the Economic Development Authority of Albemarle County, Virginia ("Authority") certifies that the foregoing is a true, correct and complete copy of a resolution adopted by a majority of the Directors of the Authority present and voting at a meeting duly called and held on August 10, 2010, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on this date. WITNESS the following signature and seal of the Authority, this 10th day of August, 2010. _________________________________________ Secretary, Economic Development Authority of Albemarle County, Virginia [SEAL] Go to next attachment Return to letter of request FISCAL IMPACT STATEMENT FOR PROPOSED BOND FINANCING Date: August 10, 2010 To the Board of Supervisors of Albemarle County, Virginia Applicant: Martha Jefferson Hospital and Affiliates Facility: A replacement acute care hospital facility in Albemarle County 1. Maximum amount of financing sought. $7,000,000 2. Estimated taxable value of the facility's real property to be constructed in the locality. N/A 3. Estimated real property tax per year using present tax rates. N/A 4. Estimated personal property tax per year using present tax rates. N/A 5. Estimated merchants' capital tax per year using present tax rates. N/A 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality. $3,185,586 (b) Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality. $32,374,104 (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality. $19,197,639 (d) Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality. $46,501,572 7. Estimated number of regular employees on year round basis. 1,288 8. Average annual salary per employee. $60,128 _________________________________________ Chairman, Economic Development Authority of Albemarle County, Virginia Go to next attachment Return to letter of request At a regular meeting of the Board of Supervisors of Albemarle County, Virginia, held on the 11th day of August, 2010, the following members were recorded as present: PRESENT: On motion by _____________________, seconded by ___________________________, the attached Resolution was adopted by a majority of the members of the Board of Supervisors of Albemarle County, Virginia by a roll call vote, the votes being recorded as follows: MEMBER VOTE RESOLUTION OF THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA WHEREAS, the Economic Development Authority of Albemarle County, Virginia ("Authority") has considered the request of Martha Jefferson Hospital and its affiliates (collectively, "Martha Jefferson Hospital") requesting the Authority to approve the deemed reissuance of allocable bonds (the "Deemed Reissuance") on account of the proposed sale of Martha Jefferson Hospital's existing acute care hospital facility in the City of Charlottesville. The allocable bonds are up to $7,000,000 aggregate face amount of the Authority's Hospital Revenue Bonds (Martha Jefferson Hospital), Series 2002 and 2003. The proceeds from the sale will be used to finance costs associated with the acquisition, construction, equipping and furnishing of an approximately 456,358 square foot, five-story replacement acute care hospital facility (the "Replacement Hospital") consisting of approximately 176 beds currently under construction at the Peter Jefferson Place business office park near the intersection of Willis Drive and Peter Jefferson Parkway in Albemarle County, Virginia. WHEREAS, the Authority held a public hearing on August 10, 2010 as required by Section 147(f) of the Internal Revenue Code of 1986, as amended ("Code") and Section 15.2 - 4906 of the Code of Virginia of 1950, as amended ("Virginia Code"). WHEREAS, Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. WHEREAS, the Authority issues its bonds on behalf of Albemarle County, Virginia ("County"); the Project is to be located in the County; and the Board of Supervisors of Albemarle County, Virginia ("Board") constitutes the highest elected governmental unit of the County. WHEREAS, the Authority has recommended that the Board approve the Deemed Reissuance. WHEREAS, a copy of the Authority's resolution approving the Deemed Reissuance, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Board. NOW, THEREFORE, IT IS RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: 1. The Board approves the Deemed Reissuance, as required by Section 147(f) of the Code and Section l5.2-4906 of the Virginia Code. 2. This resolution shall take effect immediately upon its adoption. Adopted by the Board of Supervisors of Albemarle County, Virginia this 11th day of August, 2010. _________________________________________ Clerk, Board of Supervisors of Albemarle County, Virginia [SEAL] Return to letter of request COUNTY OF ALBEMARLE EXECUTIVE SUMMARY AGENDA TITLE: Fire Rescue Ordinance SUBJECT/PROPOSAL/REQUEST: Public hearing to consider a proposed ordinance to amend County Code Chapter 6, Fire Protection, to better clarify roles, responsibilities, and authority for managing the County’s coordinated fire & rescue system. STAFF CONTACT(S): Messrs. Tucker, Elliott, Davis, Eggleston; and Ms. Kim LEGAL REVIEW: Yes AGENDA DATE: August 11, 2010 ACTION: X INFORMATION: CONSENT AGENDA: ACTION: INFORMATION: ATTACHMENTS: Yes REVIEWED BY: BACKGROUND: Board Direction for the Ordinance On October 22, 2008, the Board held a work session to examine the organizational structure of the County’s fire and rescue system. Career chiefs from Hanover and Stafford Counties, as well as the retired Hanover County Administrator, presented information about their recent experiences in creating, by ordinance, clear organizational structures for their combination fire and rescue systems. Hanover adopted an ordinance codifying its unified system structure in 2000; Stafford adopted a similar ordinance and structure in 2005. Specifically, the following, relevant facts about the two systems were shared: Both Hanover and Stafford were concerned that creating unified systems would lead to decreased membership in their volunteer companies, departments and squads, many of which had existed decades before their career departments. The two boards of supervisors were—and remain—committed to maintaining a true combination system that relies heavily upon a robust and thriving volunteer base. Both localities experienced increases in volunteer membership after the passage of their ordinances. Stafford’s volunteer base increased from 350 to 550 members. Hanover’s volunteer base increased by 2%, bringing their current total to over 1,000 volunteers. Stafford employs 98 career personnel, while Hanover employs 162 career personnel. Both combined systems depend upon the creation of a strong, collaborative relationship between the volunteer and career memberships. However, both ordinances place ultimate responsibility for their systems on the career chief and grant him the authority to execute board goals for their systems. Following the Hanover and Stafford presentations, the Board considered the comments and questions raised by various volunteer chiefs. Among the many concerns expressed, several chiefs stated that more time was needed for the Albemarle County Fire and Rescue Advisory Board (―ACFRAB‖) to consider different ordinances and organizational structures, and to provide their input to the Board regarding the creation of a unified system. Recognizing these concerns, the Board resolved that an ordinance should be developed over the next six months for its consideration in April, 2009, and further directed staff to work collaboratively with the ACFRAB membership to research other ordinances and work with the County Attorney’s Office to prepare a draft ordinance. The minutes of this work session are provided in Attachment C. At the its October 24, 2008 Strategic Planning retreat, the Board directed, by motion, that the County Executive form a committee consisting of two Board members, two ACFRAB members, and two staff members, one consisting of Chief Dan Eggleston. The Board charged the committee to develop a strong fire chief structure that values and respects the volunteer fire and rescue system. The retreat minutes excerpted in Attachment D contain the full text of the motion. Collaborative Development of the Ordinance The County Executive appointed to the ordinance committee supervisors Ken Boyd and Ann Mallek; ACFRAB members Chief Doug Smythers and Chief Dayton Haugh; Assistant County Executive Bryan Elliott; and Chief Dan Eggleston. Senior Assistant County Attorney Annie Kim also worked with the committee to provide leg al information AGENDA TITLE: Fire Rescue Ordinance August 11, 2010 Page 2 and to prepare ordinance language. The committee met 8 times, beginning on November 18, 2008, with Supervisor Ken Boyd serving as chair. Using a website created by Chief Smythers, committee-reviewed drafts of the ordinance and roughly 80 pages of detailed m inutes for each meeting were published on a timely basis in order to give volunteers an accurate understanding of the committee’s work. See: http://sites.google.com/site/albemarlevolunteers/ At Mr. Boyd’s request, Ambassador Nathaniel Howell, who also serves on the board of the Stony Point Volunteer Fire Company, attended the majority of the meetings as the committee’s facilitator. Since the initial draft ordinance in January 2009, major revisions have been made over the course of 6 drafts, including a significant number of changes authored by Ambassador Howell. The committee presented its first official draft to the ACFRAB at its February 26, 2009 meeting. Nearly all of the recommended rev isions from ACFRAB were incorporated into a second official draft. The committee presented its second draft at the ACFRAB’s March 25, 2009 meeting for further comment. A few minor revisions suggested by ACFRAB on that date were added to the draft ordinance. Shortly thereafter, the Board decided to delay holding a public hearing on the draft ordinance in order to focus its efforts on implementing an EMS Cost Recovery program . In April 2010, the Board asked that the ordinance committee be reconvened to again review the final draft ordinance and to provide ACFRAB an opportunity to provide additional comments and suggestions. The committee met on June 23 and, while in general the volunteers remain opposed to the final draft ordinance, additional feedback wa s received and further revisions to the ordinance were made. See minutes of committee meeting (Attachment E). The final revision includes further revisions to § 6-104 to clarify the role of the fire chief and to specifically require the fire chief to first consult with the volunteer executive committee before making significant decisions affecting the coordinated system. In order to give the Board a sense for how the ordinance has changed throughout this collaborative proces s, a document redlining all revisions since the initial committee draft is being provided as Attachment B. It should be noted that while the ACFRAB representatives worked diligently in their committee roles throughout this process—and in many instances proposed the revisions reflected in the ordinance—they continue to oppose the creation of a fire chief organizational structure and the establishment of the proposed ordinance. Notwithstanding that fundamental difference in opinion, the ACFRAB representatives have stated that the ordinance represents the committee’s best effort to craft an ordinance within the confines of the Board’s charge. Chiefs Haugh and Smythers and alternate members, Chiefs Ron Williams and George Stephens, should be commended for the many hours they devoted to improving the ordinance and facilitating communication between the committee and the larger ACFRAB membership. On July 7, the Board directed staff to bring the ordinance forward for a public hearing and Board consideration. The ordinance was advertised for an August 11, 2010 public hearing. DISCUSSION: Overview of the Current System Fire, rescue and emergency services in Albemarle County are provided through a combination of 7 independent volunteer fire departments, 3 independent volunteer rescue squads, 2 County-owned/operated fire rescue stations, and the City of Charlottesville (through a fire service contract). Approximately 700 volunteers, consisting of both operational and administrative personnel, and 79 County career staff comprise this system. The County provides career staffing to 4 of the volunteer fire departments and 2 of the volunteer rescue squads from 6 a.m. to 6 p.m., Monday through Friday. The County also staffs the two County owned/operated stations 24 hour s a day, 7 days a week with career and volunteer staff. In addition, the County employs 19 uniformed and non -uniformed staff assigned to various duties: administration, operations, training, investigations, code enforcement, and prevention. For FY11, the Board adopted a $9,213,501 Operating Budget to support the County’s fire and rescue system as more specifically described below:  $5,265,029 for salary, benefits, and equipment for career staff that are stationed at 6 volunteer fire and rescue stations, at their request, as well as the 2 county owned/operated stations  $1,369,447 for volunteer/career training, prevention, recruitment & retention, and administration AGENDA TITLE: Fire Rescue Ordinance August 11, 2010 Page 3  $1,727,026 to volunteer fire and rescue departments for basic operational funding, insurance, and tax credits  $764,647 for the City fire contract  $42,852 for other supporting agencies (Thomas Jefferson EMS Council, Department of Forestry)  $44,500 for fees and expenses related to EMS Cost Recovery In addition, the Board has programmed $9,899,000 for the total capital budget of the fire and rescue system in FY11- 15 allocated to apparatus acquisition and replacement throughout the system . Currently, the system lacks a legally binding, enforceable process for developing and implementing system -wide policies, although a few policies have been created with ACFRAB consent and the understanding that member agencies will follow them. Nothing mandates that the Fire and Rescu e Chief collaborate with the volunteer organizations on matters of system-wide importance. As the ACFRAB members recognized when addressing the Board in October 2008, the current system needs improved communications and trust between the volunteer and career elements, as well as greater clarity about the roles and responsibilities of the ACFRAB, volunteer organizations, and the Albemarle County Department of Fire and Rescue. The Expected Benefits of the Ordinance Given the growing demand for services and their increasingly complex nature, localities throughout Virginia and the country have formalized their governing structures to ensure well-coordinated and integrated public safety programs. Albemarle County needs a solid framework for partnership in or der to harness the significant system changes that have occurred in the last decade: increased urbanization and population; creation of a County department and two County stations; operation of blended stations staffed by career and volunteer personnel; an d the decision to commit increased County funds toward the operational and capital costs of the volunteer agencies. Under the proposed ordinance, the coordinated fire and rescue system will: Institute system -wide coordination, accountability and oversight. Specifically, the coordinated system will: o Define responsibilities for each member of the system and hold the Fire and Rescue Chief ultimately responsible to the County Executive and to the Board. o Permit the Board’s strategic plans to be effectively and efficiently executed. o Maximize the use of limited County resources to achieve the Board’s strategic plans and secure the welfare of County citizens. o Ensure that every emergency fire and rescue call in the County receives a consistent, predictable, high-quality response. Through collaboratively developed policies, create and enforce necessary standards throughout the system while preserving volunteer autonomy at the station level. Increase collaboration and trust between the volunteer and career com ponents of the system through mandated collaborative practices and the creation of checks and balances. Critical Components of the Ordinance Over the course of 6 drafts, the committee has prepared an ordinance tailored to the unique needs and character of our system. While the committee discussed ordinances from many jurisdictions, including Prince William, Loudoun, Montgomery County (MD), Hanover, Stafford and Spotsylvania, none of these ordinances incorporated the collaboration and checks and balances as desired. In nearly all respects, the proposed ordinance exceeds the required collaborative procedures found in other jurisdictions with a centralized fire chie f organization. Highlights of the ordinance follow: AGENDA TITLE: Fire Rescue Ordinance August 11, 2010 Page 4 Name of the System (§ 6-102). After much discussion, a majority of the committee recommended the name ―coordinated fire and rescue system‖ over ―unified department,‖ due to the perceived loss of identity that would result from volunteer organizations becoming part of a ―department.‖ Volunteer Autonomy (§ 6-105). The ordinance enumerates all the areas in which the volunteer agencies will continue to exercise management and control as they do today, subject to applicable state and County laws, and duly adopted system policies. Volunteer agencies will still be responsible for station-level operations, management, discipline of volunteers, budgets, facilities and apparatus, among other things. Advisory Board Role & Expansion (§§ 6-106, 6-107, 6-108). The advisory board will maintain its current membership structure, except that the Fire and Rescue Chief will not be a member of the bo ard. The advisory board will be a mandated, collaborative partner with the chief, providing its advice and input, as well as reviewing and voting on all system policies. The advisory board will also be a recognized part of the selection process for the hiring of the Fire and Rescue Chief. Importantly, as well, the advisory board will select an Executive Committee of the advisory board that will work to initiate, review and evaluate all policies at the development stage, and serve as an advisory body to the Fire and Rescue Chief on other matters as needed. Finally, the advisory board will appoint committees to review system -wide issues concerning incident management, quality assurance, and non-conformance with system policies. Policy Development (§ 6-109). Section 6-104 mandates 9 areas in which system policies will be developed, based on their importance to the system. Section 6-109 outlines the procedures by which system policies will be developed, evaluated, and appealed. This section provides that any member of the system—volunteer or career staff—may recommend new policies or policy changes. From that point forward, the ordinance creates a structured process by which the Fire and Rescue Chief and Executive Committee must collaborate to draft and revise policies, with subsequent steps for review and direction by the full advisory board. In order to protect the volunteer agencies from unnecessary or burdensome policies, the committee created stringent requirements for their development, justification, and appeal. Under the ordinance, any system policy may be appealed by the advisory board to the County Executive and, ultimately, to the Board. While the ordinance provides a highly structured and formal process for both the development and appeal of policies, it also allows the chief and advisory board to deviate from that process upon mutual agreement. Fire & Rescue Chief (§ 6-104). At its early meetings, the committee recognized that the term ―strong fire chief‖ created significant concerns for volunteers and did not need to be included in the ordinance. (12/1/08 Meeting Summary, pp. 8-9, ¶ 14; 2/2/09 Meeting Summary, p. 3, ¶ 4(q)-(s)). Committee members also observed that the fire chief model created by the ordinance departs from the ―strong fir e chief‖ models found in other jurisdictions’ ordinances. Therefore, while this section reflects the Board’s directives that the Fire and Rescue Chief exercise system -level responsibilities and be ultimately accountable to the County Executive and the Board, it requires the chief to work more collaboratively with the volunteer agencies than do the ordinances of localities such as Hanover and Stafford. The ordinance recognizes, as do all Virginia ordinances built on a fire chief structure, the chief’s ro le in the general oversight and management of the system. It requires him, however, to develop policies in accordance with the collaborative procedures of §6-109. In addition, the Fire and Rescue Chief will exercise the powers as chief authorized by state law, and assume responsibility in mutual aid scenarios and in disasters. Importantly, as well, the ordinance creates a check against the power of the Fire and Rescue Chief in matters affecting individual volunteers. While the ordinance provides that vo lunteer agencies are responsible for the discipline of their members, it also recognizes that in highly unusual or emergency situations, the chief might need to act in a manner that affects an individual volunteer. This section requires the chief to develop a broadly supported policy that will permit the chief of an individual volunteer aggrieved by such actions to appeal the Fire and Rescue Chief’s decision to the County Executive. Finally, this section codifies the County’s practice of including ACFRAB in the chief selection process. In addition, sections of the ordinance relating to the fire marshal’s office and junior firefighters were updated to further clarify their responsibilities and conform with State Code. Section 6-101 is recommended for repeal because it repeats existing language in Virginia Code §10.1-1142, which may be enforced by the Fire Marshal without an ordinance. AGENDA TITLE: Fire Rescue Ordinance August 11, 2010 Page 5 BUDGET IMPACT: Although there is no immediate budget impact associated with the proposed fire rescue structure, the amount of staff time to support the ACFRAB and the new ACFRAB Executive Committee will need to be evaluated over time to determine if a sustained amount of support can be provided with existing staff. RECOMMENDATIONS: After the public hearing, staff recommends that the Board adopt the proposed ordinance (Attachment A). ATTACHMENTS A – Proposed Ordinance B – Proposed Ordinance Showing Revisions Made by Committee C – Minutes of the October 22, 2008 Board Work Session D – Excerpted minutes of the October 24, 2008 Board Retreat E – Minutes of the June 23, 2010 Fire Rescue Ordinance Committee Meeting F – Frequently Asked Questions on the Proposed Fire and Rescue Ordinance Return to regular agenda Draft: July 21, 2010 1 ORDINANCE NO. 10-6(1) AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6, FIRE PROTECTION, ARTICLE I, IN GENERAL, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA. BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 6, Fire Protection, Article I, In General, of the Code of the County of Albemarle, is hereby amended and reordained as follows: By Amending and Renumbering: Sec. 6-100 Office of the fire marshal created; appointment, oath and powers of the fire marshal and his duties to Sec. 6-110 Office of the Fire Marshal Sec. 6-102 Junior Firefighter Programs to Sec. 6-111 Junior Firefighters Program By Adding: Sec. 6-100 Purpose Sec. 6-101 Definitions Sec. 6-102 Establishment and composition of the coordinated fire and rescue system Sec. 6-103 Responsibilities of the coordinated fire and rescue system Sec. 6-104 Fire and Rescue Chief Sec. 6-105 Volunteer fire companies and rescue squads; volunteer chiefs Sec. 6-106 Establishment and composition of advisory board Sec. 6-107 Responsibilities of the advisory board Sec. 6-108 Executive committee of the advisory board Sec. 6-109 Procedure for developing policies of the coordinated fire and rescue system By Deleting: Sec. 6-101 General precautions to prevent spread of fire; penalties ARTICLE I. IN GENERAL ARTICLE I. COORDINATED FIRE AND RESCUE SYSTEM DIVISION I. IN GENERAL Sec. 6-100. Purpose. The board of supervisors, determined to provide for the public safety, health and welfare of Albemarle County citizens and communities, hereby establishes a coordinated and integrated fire and emergency medical service system currently composed of the following, volunteer fire companies, volunteer rescue squads and the Albemarle County Department of Fire and Rescue: Charlottesville-Albemarle Rescue Squad Crozet Volunteer Fire Department Earlysville Volunteer Fire Company East Rivanna Volunteer Fire Company North Garden Volunteer Fire Company Scottsville Volunteer Fire Department Scottsville Volunteer Rescue Squad Seminole Trail Volunteer Fire Department Stony Point Volunteer Fire Company Western Albemarle Rescue Squad In taking this measure to assure the most efficient and effective service possible and to meet the challenges of the growth and development of the jurisdiction, the board of supervisors specifically Draft: July 21, 2010 2 recognizes the essential and historical contributions of volunteers and the necessity of continuing and expanding volunteer participation, without which the county could not discharge its responsibilities. The coordinated fire and rescue system shall work to develop an integrated and seamless systems approach to the provision of emergency services; promote the interests and welfare of County citizenry and communities; perform with maximum cost-effectiveness consistent with safety objectives; account for service delivery and resource utilization; and communicate and consider all views regarding the system. Sec. 6-101. Definitions. For the purposes of this article and, unless otherwise required by the context, the following words and terms shall have the meanings respectively ascribed to them by this section: Advisory Board means the Albemarle County Fire and Rescue Advisory Board. Albemarle County Department of Fire and Rescue means the county agency responsible for delivering fire, rescue and emergency medical services in partnership with the volunteer organizations within the coordinated fire and rescue system. Board or board of supervisors means the Board of Supervisors of Albemarle County. Company means a volunteer fire company or department located in Albemarle County. Each individual fire-fighting organization within the county shall be defined as a ―fire company,‖ as provided in Virginia Code §27-8.1. County employees or County staff means employees of the Albemarle County Department of Fire and Rescue who provide fire, rescue, and emergency medical services as members of the coordinated fire and rescue system. County volunteers mean volunteers of the Albemarle County Department of Fire and Rescue who provide fire, rescue and emergency medical services as members of the coordinated fire and rescue system. County volunteers are not members of incorporated fire companies or rescue squads. Executive Committee means a committee of the advisory board as provided in section 6-108. Fire and rescue chief or chief means the director of the Albemarle County Coordinated Fire and Rescue System, as established in section 6-104. Policies mean the rules and regulations of the coordinated fire and rescue system, including standard operating guidelines and standard administrative procedures. Rescue squad means a volunteer rescue squad or emergency medical services organization, as described by Virginia Code §32.1-111.1 et seq, that is located in Albemarle County, as well as the Charlottesville-Albemarle Rescue Squad, which has its principal place of business in the City of Charlottesville. State law reference—Definitions, Virginia Code § 32.1-111.1 DIVISION II. ESTABLISHMENT OF THE COORDINATED FIRE AND RESCUE SYSTEM Sec. 6-102. Establishment and composition of the coordinated fire and rescue system. (a) The Albemarle County Coordinated Fire and Rescue System (―the system‖ or ―the coordinated fire and rescue system‖) is hereby established pursuant to Virginia Code §27-6.1. The Draft: July 21, 2010 3 coordinated fire and rescue system shall provide comprehensive fire, rescue, and emergency medical services throughout the county in accordance with state laws, county ordinances, and duly adopted policies issued by the system. (b) The coordinated fire and rescue system shall be a combined force of non-employee volunteer members of the several fire companies and rescue squads, county employees, and county volunteers of the Albemarle County Department of Fire and Rescue. The following volunteer fire companies and rescue squads, and any others that may be duly established in the future, along with county volunteers, constitute an indispensable part of the public safety program for the county: Charlottesville-Albemarle Rescue Squad, Crozet Volunteer Fire Department, Earlysville Volunteer Fire Company, East Rivanna Volunteer Fire Company, North Garden Volunteer Fire Company, Scottsville Volunteer Fire Department, Scottsville Volunteer Rescue Squad, Seminole Trail Volunteer Fire Department, Stony Point Volunteer Fire Company, and Western Albemarle Rescue Squad. State law reference – Virginia Code §§27-6.1, 27-8.1 Sec. 6-103. Responsibilities of the coordinated fire and rescue system. The coordinated fire and rescue system shall: (1) Manage the delivery of prehospital emergency patient care and services through policy development and implementation consistent with state emergency medical services regulations and the guidance of each organization’s operational medical director. (2) Manage the provision of system-wide fire prevention, protection, investigation, suppression, education and rescue services, and services relating to hazardous materials and other hazards posing a threat to life and property, through policy development and implementation. (3) Provide any additional, related, system-wide services that are essential for the provision of high-quality fire and emergency medical services. (4) Perform and deliver services consistent with state laws, county ordinances, and duly adopted policies of the coordinated fire and rescue system. State law reference – Virginia Code §§27-7, 27-14, and 32.1-111.14 Sec. 6-104. Fire and Rescue Chief. The director of the coordinated fire and rescue system shall be known as the fire and rescue chief, who shall be appointed by the board of supervisors upon recommendation by the county executive following a selection process that includes representation from the Albemarle County Fire and Rescue Advisory Board. The fire and rescue chief shall: (1) Provide general oversight and management of the system’s functions by: a. Developing, in collaboration with the advisory board, strategies for the retention and expansion of the volunteer base within the system. b. Developing, in collaboration with the advisory board, system-wide policies that are essential to the effective and equitable provision of high-quality, countywide fire and rescue services, and overseeing the implementation of those system-level policies. All policies of the coordinated fire and rescue system shall be developed through the Draft: July 21, 2010 4 collaborative policy procedures established by section 6-109 and shall include, but not be limited to: i. Standard operating guidelines for the system’s delivery of fire, rescue, and emergency medical services; ii. System performance standards, such as minimum staffing and response goals; iii. A seamless command structure and incident command system that complies with federal and state incident management standards; iv. Minimum personnel, training, licensure, and reporting requirements for the welfare of county and volunteer personnel and the delivery of high-quality fire and rescue services; v. System fleet size, deployment, and functions; vi. Minimum standards regarding apparatus and equipment; vii. System funding by the County and system budget matters; and viii. A process for setting and maintaining first due areas, response districts and apparatus response orders. (2) Make day-to-day operational decisions necessary for the coordinated system on matters not specifically addressed by system-wide policies. Prior to any significant decision affecting the coordinated system, however, the fire and rescue chief shall consult with the executive committee and consider all reasonable recommendations from the executive committee to the maximum extent possible. If exigent circumstances do not permit such prior consultation with the executive committee, the fire and rescue chief shall advise the executive committee as soon as practicable after the decision is made and seek its recommendations for future actions. (3) Provide general management, planning, preparation, response and recovery for any disaster relating to fires, hazardous materials, rescues or emergency medical services that may occur in the county. (4) Assume responsibility, under the authority of the county executive, for actions necessary to implement and carry out agreements for mutual aid, disaster preparedness and the provision of services related to hazardous materials, rescues, fire suppression, investigation, medical services or other emergency response services deemed necessary in the judgment of the fire and rescue chief in events exceeding the capabilities of an individual locality or government agency. (5) Develop a broadly supported procedure for chiefs of volunteer organizations to contest decisions of the fire and rescue chief to the county executive or his designee in matters affecting individual volunteers, who are not employees of the County. The general management and discipline of volunteers shall be a station level responsibility, as provided in section 6-105(b)(6). (6) Exercise all powers authorized by state law as necessary for the provision of fire and emergency medical services. State law reference – Virginia Code §§27-6.1, 27-7. Draft: July 21, 2010 5 Sec. 6-105. Volunteer fire companies and rescue squads; volunteer chiefs. (a) General; authority to create by-laws. Volunteer fire companies and rescue squads may be formed, named and dissolved in accordance with state law and board approval. They shall operate in conformity with state laws, county ordinances, and the duly adopted policies of the coordinated fire and rescue system. Boards and governing authorities of volunteer companies and squads shall have full authority to adopt policies, guidelines and protocols for the governance of their stations, except where specifically constrained by state law, county ordinances, or policies of the coordinated fire and rescue system as they are duly adopted. Nothing in this article is intended, nor shall it be construed, to make any member of a volunteer company or squad an employee of the county. (b) Responsibilities. Volunteer fire companies and rescue squads shall have all the powers and duties granted to them by state law. They shall also execute the following responsibilities in conformity with their respective organizational by-laws, chains of command, and the duly adopted policies of the coordinated fire and rescue system: 1. Managing performance by the company or squad, including directing station activity and operations as needed; 2. Assuming or delegating the role of incident commander within the system’s integrated incident command structure; 3. Providing management of response districts and apparatus response orders; 4. Selecting and promoting officers and other personnel; 5. Recruiting, retaining and advocating on behalf of volunteer members; 6. Managing officers and personnel, including disciplining, training, and keeping records; 7. Preparing their annual budgets for submission to the county, and managing their budgets; 8. Fundraising and managing all funds and assets that derive from private or non- County sources; 9. Collecting and forwarding to the fire and rescue chief such data, statistics and other information as may be necessary to assure the efficient and economical operation of the coordinated fire and rescue system; 10. Caring for and maintaining station facilities, apparatus and equipment; and 11. Managing station procurement of supplies and coordinating station procurement and stewardship of county-supported apparatus, equipment, and tools. (c) Chiefs. The operational head of each volunteer fire company and rescue squad within the coordinated fire and rescue system shall be selected according to the by-laws of the company or squad and shall be known as the chief. Volunteer chiefs shall exercise the authority granted to them by state law and the by-laws of their organizations, so long as their actions do not conflict with the provisions of this article or the duly adopted policies of the coordinated fire and rescue system. State law reference – Virginia Code §§15.2-955, 27-9, 27-10, and 32.1-111.14 Draft: July 21, 2010 6 Sec. 6-106. Establishment and composition of advisory board. (a) The Albemarle County Fire and Rescue Advisory Board (―advisory board‖) is hereby established to accomplish the following: 1. Collaborate with the fire and rescue chief concerning the delivery of fire, rescue and emergency medical services as representatives of the volunteer companies and squads and as described by this article; 2. Facilitate communication and collaboration between the volunteer and county- employed members of the coordinated fire and rescue system; and 3. Communicate issues of importance to the fire and rescue chief concerning individual volunteer organizations or the coordinated fire and rescue system. Nothing in this article abridges the First Amendment rights of private citizens to communicate directly with the county executive or the board of supervisors. (b) The advisory board shall be composed of the highest ranking operational leader of each of the volunteer organizations listed in section 6-102 of this article. The fire and rescue chief shall attend meetings of the advisory board, but shall not be a member of the advisory board. Nothing in this section shall be construed to prevent the advisory board from adopting by-laws concerning voting rights and the delegation of duties. Sec. 6-107. Responsibilities of the advisory board. The advisory board shall perform the following duties: (1) Adopt by-laws for its operation consistent with this article, including, but not limited to, by-laws concerning the voting rights of members and the delegation of member responsibilities. (2) Review all proposed policies affecting the coordinated fire and rescue system and provide comments and advice to the fire and rescue chief through the collaborative procedures established in section 6-109. (3) Appoint a committee or committees to meet regularly with the fire and rescue chief, county staff and, if appropriate, county volunteers, in order to consider concerns and provide input regarding: a. Incident management; b. Non-conformance with duly adopted system policies; and c. Assurance of quality in the delivery of emergency services. (4) Appoint such additional committees as may be useful to facilitate communication regarding matters of importance to the coordinated fire and rescue system in the performance of its essential mission, including county staff and county volunteers in such committees, as appropriate. (5) Appoint an executive committee to perform the responsibilities outlined in section 6-108. (6) Review and provide input and recommendations to the fire and rescue chief regarding new initiatives for the system’s operating and capital improvement budgets. Draft: July 21, 2010 7 (7) Meet on a regular basis in order to perform its responsibilities under this section, and present a report at least annually to the board of supervisors regarding the health and welfare of the volunteer system. Sec. 6-108. Executive committee of the advisory board. (a) Composition. The executive committee of the advisory board shall be composed of at least three members of the advisory board who are selected by the advisory board in accordance with its by- laws, and with the goal of providing equal representation for the fire companies and rescue squads. Executive committee members must be active members in good standing with their respective volunteer companies and squads. (b) Terms of service. The advisory board shall determine the terms of service for committee members, who shall serve at the pleasure of the advisory board. (c) Responsibilities. The executive committee shall advise the fire and rescue chief in a timely manner on all proposed policies of the coordinated fire and rescue system and on any other system matter for which the fire and rescue chief requests input and advice. The executive committee shall meet as frequently as needed to discharge these responsibilities. Sec. 6-109. Procedure for developing policies of the coordinated fire and rescue system. (a) Purpose. In adopting this ordinance the board of supervisors recognizes that, to have full effect, policies must be developed through a collaborative process and enjoy the support of a majority of the elements of the coordinated fire and rescue system. The procedures in this section are intended to assist the fire and rescue chief, the advisory board, and the executive committee in the collaborative and careful development of policies for the system. These procedures may be changed at any time by agreement of the fire and rescue chief and the advisory board by a majority vote. In addition, the fire and rescue chief may at any time seek more input and advice from the executive committee or advisory board than this section requires. (b) Initiative and Drafting. Any member of the coordinated fire and rescue system may suggest new policies or policy amendments to the fire and rescue chief and the advisory board through the member’s chain of command. In cooperation with the executive committee, the fire and rescue chief shall oversee the preparation of new system-level policies and the review of all existing system-level policies. Policies that affect only county employees or county volunteers will not be considered by the executive committee. Draft policies, prepared by the fire and rescue chief, shall be submitted to the executive committee for joint consideration and collaborative development. The draft will be accompanied by a written report summarizing the rationale for the policy and the impacts, if any, on volunteer budgets and volunteer members’ time. (c) Executive Committee Role in Policy Development. The executive committee shall review and evaluate all draft policies proposed by the fire and rescue chief or others in light of the following standard: whether the policy is essential to the effective and equitable provision of high-quality, countywide fire and rescue services (hereinafter, ―system policy standard‖). Within thirty (30) calendar days of receiving the initial draft policy, barring unforeseen circumstances, the executive committee shall review the draft and decide to: support the policy as worded; support the policy with specific revisions; or decline to support the policy. The committee may accompany its decision with a written explanation of its position, although it must provide a written explanation in the event it declines to support the policy. The fire and rescue chief shall consider the comments and recommendations of the executive committee and shall incorporate such recommendations for revision which, in his judgment, meet the system policy standard. The fire and rescue chief shall then re-submit the draft, with any revisions, to the executive committee for additional review and comment, repeating this process until he is satisfied that Draft: July 21, 2010 8 the resulting draft meets the system policy standard and addresses the reasonable concerns of the executive committee. Should the chief decline to accept any material recommendation for revision from the executive committee, he shall provide a written explanation of his decision to the executive committee and attempt to reach a consensus with the committee prior to submitting the proposed policy to the advisory board. During the collaborative process described above, the executive committee shall brief other members of the advisory board on the progress of its work with the fire and rescue chief and solicit from the advisory board any questions, concerns and suggestions for introduction to the chief. (d) Advisory Board Deliberations. After completing collaborative consultations with the executive committee as described above, the fire and rescue chief shall submit the proposed policy, along with any annotations he considers necessary, to the full advisory board for its review. Provided that the proposed policy is submitted to the advisory board at least fourteen (14) calendar days before any monthly meeting, the advisory board shall take action on the policy at that meeting. After considering the draft policy in light of the system policy standard defined in §6-109(c), the advisory board shall take one of the following actions by majority vote: 1. Accept the draft policy as worded, following which the policy shall be considered adopted. 2. Support the policy in principle, but with specific revisions. 3. Decline to accept the policy. If the advisory board votes to oppose the policy, it must provide a clear explanation for its vote at the meeting, and may, at its discretion, follow with a written explanation of the reasons for its opposition. The fire and rescue chief shall reconsider the draft policy in light of the system policy standard defined in §6-109(c) and incorporate such revisions from the advisory board which, in his judgment, meet that standard. The chief shall then submit any revised draft policy to the advisory board or the executive committee for additional review and consider any further recommendations, repeating this process until he is satisfied that the resulting draft policy meets the system policy standard and addresses the reasonable concerns of the advisory board. The chief shall submit his final draft policy to the advisory board at least fourteen (14) calendar days before their next meeting for final consideration. (e) Adoption of Policies. The fire and rescue chief shall be authorized to adopt and issue a policy of the coordinated fire and rescue system immediately after a vote by the advisory board to support the policy as worded. Should the advisory board vote to support the policy with revisions, or to oppose the policy, the chief may nonetheless notify the advisory board that he intends to issue the proposed policy as submitted. In that event, the proposed policy will take effect the day after the next advisory board meeting, unless otherwise specified within the policy, or unless the advisory board votes to contest the policy at that meeting. Informal Contest of Policies. Should the advisory board vote to contest the policy, written statements from the fire and rescue chief and the advisory board, explaining their positions for and against the policy, shall be submitted to the county executive no later than fourteen (14) calendar days from the date of the meeting. The county executive or his designee shall either: (1) refer the policy back to the parties for further consideration and collaboration; or (2) determine that the policy meets the system policy standard as defined in §6-109(c). Following the county executive’s decision, the advisory board shall vote at its next meeting regarding whether to file a formal appeal of the policy. (f) Appeals of Policies. Appeals of proposed policies will be taken in accordance with this section. Within seven (7) calendar days of any vote to appeal, the chairman of the advisory board shall submit a written notice of appeal, including a statement of the basis for the appeal, to the county executive. Draft: July 21, 2010 9 Within ten (10) calendar days of receiving the notice of appeal, the county executive or his designee shall provide a written decision to the advisory board and the fire and rescue chief. Decisions shall be based on whether the proposed policy meets the system policy standard as defined in §6-109(c). A decision that the appeal has merit may also provide guidance to the fire and rescue chief and the executive committee regarding further work to be undertaken on the disputed policy. A decision that the appeal is without merit may be appealed to the board of supervisors by a majority vote of the advisory board at its next meeting. Within seven (7) calendar days of the vote to appeal to the board of supervisors, the chairman of the advisory board shall submit a written notice of appeal, including a statement of the basis for the appeal, to the clerk of the board of supervisors. The written notice of appeal will be accompanied by a packet, compiled by county staff, containing a copy of the following: all documents submitted by the advisory board, fire and rescue chief, and the County Executive as part of the informal contest and appeal processes; the proposed policy; and the minutes, if any, reflecting advisory board deliberations on the proposed policy. Any party may include such other documents it believes would be helpful for the board of supervisors to consider by providing them to the clerk of the board of supervisors prior to the expiration of the seven (7) calendar days described above. The board of supervisors shall consider the appeal at a subsequent meeting and issue a decision that the appeal should be sustained or not sustained, in whole or in part. The basis for the decision shall be whether the proposed policy meets the system policy standard as defined by §6-109(c). Sec. 6-100 110 Office of the Fire Marshal fire marshal created; appointment, oath and powers of the fire marshal and his duties. A.(a) Pursuant to Virginia Code § 27-30, the Office of the County Fire Marshal is hereby established. The board of supervisors shall appoint the fire marshal and such assistant fire marshals as the board deems necessary. B.(b) The fire marshal and his assistants shall, before entering upon their duties, take an oath, before any officer authorized to administer oaths, to faithfully discharge the duties of their offices. C.(c) The fire marshal and his assistants, in addition to such other duties as may be prescribed by law, shall be authorized to exercise all of the powers granted pursuant to enumerated in Virginia Code §§ 27-34.2:1., 27-34.3, and 27-37.1. D. While any fire department or fire company is in the process of answering an alarm or operating at an emergency incident where there is imminent danger or the actual occurrence of fire or explosion, or the uncontrolled release of hazardous materials that threaten life or property, or in other emergency situations, the fire marshal and his assistants, or other officer in charge of such fire department or company at that time, shall have the authority to: 1. maintain order at such emergency incident or in its vicinity; 2. notwithstanding the provisions of Virginia Code § 46.2-890, keep bystanders or other persons at a safe distance from the incident and emergency equipment; 3. facilitate the speedy movement and operation of emergency equipment and firefighters; 4. cause an investigation to be made into the origin and cause of the incident; and 5. until the arrival of a police officer, direct and control traffic, in person or by deputy, and facilitate the movement of traffic. Draft: July 21, 2010 10 The fire marshal or other officer in charge shall display his firefighter’s badge or other prope r means of identification. E. Notwithstanding any other provision of law, the authority granted by this section shall extend to the activation of traffic control signals designed to facilitate the safe egress and ingress of emergency equipment at a fire station. F. Any person refusing to obey the orders of the fire marshal or his assistants, or other officer in charge at that time, shall be guilty of a class 4 misdemeanor. The fire marshal and his assistants, or other officer in charge, shall have the authority to make arrests for violation of the provisions of this section. G.(d) The authority granted under the provisions of this section may not be exercised to inhibit or obstruct members of law-enforcement agencies or rescue squads from performing their normal duties when operating at such emergency incident. Personnel from the news media, when engaged in news - gathering activities, may enter at their own risk into the incident area only when the officer in charge has deemed the area safe and only into those areas of the incident that do not, in the opinion of the fire marshal or his assistants, or other officer in charge, interfere with the fire department’s ability to manage the emergency or rescue workers dealing with such emergencies, in which case the The fire marshal, or his assistants, or other officer in charge, may order such persons who are violating the provisions of this section from the scene of the emergency incident. (Code 1988, § 9-1; Ord. 98-A(1), 8-5-98) State law reference – Virginia Code §§27-30, et seq. Sec. 6-102 111 Junior Firefighters Programs. Persons sixteen years of age or older are authorized to participate in a volunteer fire company duly authorized to operate within the County of Albemarle under the following conditions. Any person sixteen years of age or older may work with or is authorized to participate fully in all activities of a voluntary volunteer fire company duly authorized to operate in the county after he or she, provided that, if such person is less than eighteen years of age, such person shall first: (a) Becomes a member of the volunteer fire company; A.(b) Supply Supplies to the chief fire officer of the volunteer fire company written confirmation that such person is a resident of the Commonwealth of Virginia and has parental or guardian approval; and B.(c) Attain Attains certification under National Fire Protection Association 1001, level one, fire fighter standards as administered by the Department of Fire Programs. (Ord. 01-6(2), 12-05-01) State law reference -- Virginia Code § 40.1-79.1. Sec. 6-101 General precautions to prevent spread of fire; penalties. A. It shall be unlawful for any owner or lessee of land to set fire to, or to procure another to set fire to, any woods, brush, logs, leaves, grass, debris or other inflammable material upon such land unless he previously shall have taken all reasonable care and precaution, by having cut and piled the same or carefully cleared around the same, to prevent the spread of such fire to land othe r than those owned or Draft: July 21, 2010 11 leased by him. It shall be unlawful for any employee, agent, representative or licensee of any such owner or lessee of land to set fire to or to procure another to set fire to any woods, brush, logs, leaves, grass, debris or other inflammable material upon such land unless he shall have taken similar precautions to prevent the spread of such fire to any other land. B. During the period beginning February 15 and ending April 30 of each year, even though the precautions required by this section have been taken, it shall be unlawful for any person to set fire to, or to procure another to set fire to, any brush, leaves, grass, debris or field containing dry grass or other inflammable material capable of spreading fire, located in or within five hundred (500) feet of any woodland, brushland or field containing dry grass or other flammable material, except between the hours of 4:00 p.m. and 12.00 midnight. C. The provisions of this section shall not apply to fires which may be set within the corporate limits of any incorporated town, nor to fires set on rights -of-way of railroad companies by their duly authorized employees. D. Any person violating any provisions of this section shall be guilty of a class 3 misdemeanor for each separate offense. In addition, such person shall be liable for the full amount of all expenses incurred in fighting the fire. (Code 1988, § 9-2; Ord. 98-A(1), 8-5-98) State law reference--For similar state law, see Va. Code § 10.1-1142. Go to next attachment Return to exec summary 73/16/8/1009 Draft for Discussion PurposesOrdinance ARTICLE I. DEPARTMENT OFCOORDINATED FIRE AND RESCUE SYSTEM DIVISION I. IN GENERAL Sec. 6-100. Purpose. The board seeksof supervisors, determined to provide for the public safety, health and welfare of its Albemarle County citizens through anand communities, hereby establishes a coordinated and integrated fire and emergency medical services service system that is efficiently delivered and equitably administered by a unified departmentcurrently composed of highly competent and trainedthe following, volunteer fire companies, volunteer rescue squads, and county staff. In so doing, the board recognizes the vast contributions of volunteers over many decades that have protected life and property and vigorously supports the continuation and expansion of volunteer participation, without which the county cannot accomplish its mission.the Albemarle County Department of Fire and Rescue: Charlottesville-Albemarle Rescue Squad Crozet Volunteer Fire Department Earlysville Volunteer Fire Company East Rivanna Volunteer Fire Company North Garden Volunteer Fire Company Scottsville Volunteer Fire Department Scottsville Volunteer Rescue Squad Seminole Trail Volunteer Fire Department Stony Point Volunteer Fire Company Western Albemarle Rescue Squad In taking this measure to assure the most efficient and effective service possible and to meet the challenges of the growth and development of the jurisdiction, the board of supervisors specifically recognizes the essential and historical contributions of volunteers and the necessity of continuing and expanding volunteer participation, without which the county could not discharge its responsibilities. The unified departmentcoordinated fire and rescue system shall seek to: employ awork to develop an integrated and seamless systems approach to providingthe provision of emergency services while preserving volunteer traditions and autonomy to the greatest extent possible; promote the interests and needs of county citizenswelfare of County citizenry and communities; perform with maximum cost-effectiveness consistent with safety objectives; account for service delivery and resource utilization; and fairly communicate and consider all views regarding these services.1 the system. 1 Section taken largely from Montgomery County, MD. Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Indent: First line: 0" Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font color: Black Formatted: Font: Not Bold, Font color: Black 73/16/8/1009 Draft for Discussion Purposes Ordinance 2 Formatted: Centered Sec. 6-101. Definitions. For the purposes of this article and, unless otherwise required by the context, the following words and terms shall have the meanings respectively ascribed to them by this section: Advisory Board means the Albemarle County Fire and Rescue Advisory Board. Ambulance means any vehicle, vessel or aircraft which holds a valid permit issued by the Office of Emergency Medical Services, that is specially constructed, equipped, maintained and operated, and is intended to be used for emergency medical care and the transportation of patients who are sick, injured, wounded, or otherwise incapacitated or helpless. The word "ambulance" may not appear on any vehicle, vessel or aircraft that does not hold a valid permit. Albemarle County Department of Fire and Rescue means the county agency responsible for delivering fire, rescue and emergency medical services in partnership with the volunteer organizations within the coordinated fire and rescue system. Board or board of supervisors means the Board of Supervisors of Albemarle County. Company means a volunteer fire company or department located in, or responding to firefighting calls within, Albemarle County. Each individual fire-fighting organization within the county shall be defined as a ―fire company,‖ as provided in Virginia Code §27-8.1. Emergency medical services vehicle means any vehicle, vessel, aircraft, or ambulance that holds a valid emergency medical services vehicle permit issued by the Office of Emergency Medical Services that is equipped, maintained or operated to provide emergency medical care or transportation of patients who are sick, injured, wounded, or otherwise incapacitated or helpless. County employees or County staff means employees of the Albemarle County Department of Fire and Rescue who provide fire, rescue, and emergency medical services as members of the coordinated fire and rescue system. County volunteers mean volunteers of the Albemarle County Department of Fire and Rescue who provide fire, rescue and emergency medical services as members of the coordinated fire and rescue system. County volunteers are not members of incorporated fire companies or rescue squads. Executive Committee means a committee of the advisory board as provided in section 6- 107108. 73/16/8/1009 Draft for Discussion Purposes Ordinance 3 Formatted: Centered Fire and rescue chief or chief means the headdirector of the Albemarle County Unified Department ofCoordinated Fire and Rescue System, as established in section 6-104. Policies mean the rules and regulations of the unified departmentcoordinated fire and rescue system, including standard operating guidelines and standard administrative procedures. Volunteer rescue Rescue squad means a volunteer rescue squad or emergency medical services organization located in, or responding to emergency medical services calls within, Albemarle County pursuant to , as described by Virginia Code §32.1-111.1 et seq, that is located in Albemarle County, as well as the Charlottesville-Albemarle Rescue Squad, which has its principal place of business in the City of Charlottesville. State law reference—Definitions, Virginia Code § 32.1-111.1 DIVISION II. ESTABLISHMENT OF THE UNIFIED DEPARTMENT OFCOORDINATED FIRE AND RESCUE SYSTEM Sec. 6-102. Establishment and composition of the unified department.coordinated fire and rescue system. (a) The Albemarle County Unified Department ofCoordinated Fire and Rescue ("System (―the unified department")system‖ or ―the coordinated fire and rescue system‖) is hereby established pursuant to Virginia Code §27-6.1. The unified departmentcoordinated fire and rescue system shall provide allcomprehensive fire, rescue, and emergency medical services throughout the county in accordance with state laws, county ordinances, and theduly adopted policies issued by the unified departmentsystem. (b) The unified departmentcoordinated fire and rescue system shall be a combined force of non-employee volunteer and paid personnel that includesmembers of the several fire companies and rescue squads, county staff employed byemployees, and county volunteers of the department and the Albemarle County Department of Fire and Rescue. The following volunteer fire companies and rescue squads, whichand any others that may be duly established in the future, along with county volunteers, constitute an integralindispensable part of the public safety program for the county: Charlottesville- Albemarle Rescue Squad, Crozet Volunteer Fire CompanyDepartment, Earlysville Volunteer Fire Company, East Rivanna Volunteer Fire Company, North Garden Volunteer Fire Company, Scottsville Volunteer Fire CompanyDepartment, Scottsville Volunteer Rescue Squad, Seminole Trail Volunteer Fire CompanyDepartment, Stony Point Volunteer Fire Company, and Western Albemarle Rescue Squad. Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0.5" 73/16/8/1009 Draft for Discussion Purposes Ordinance 4 Formatted: Centered State law reference – Virginia Code §§27-6.1, 27-8.1 Sec. 6-103. Responsibilities of the unified departmentcoordinated fire and rescue system. The unified department shall be responsible forThe coordinated fire and rescue system shall: (1) Regulating and managingManage the provisiondelivery of all prehospital emergency patient care and services, through policy development and regulating both providers of implementation consistent with state emergency medical services regulations and providers operating private emergencythe guidance of each organization’s operational medical services vehicles for non- emergency transportationdirector. (2) Regulating and managingManage the provision of system-wide fire prevention, protection, investigation, suppression, education and rescue services, and those services relating to hazardous materials and other hazards which poseposing a threat to life and property, through policy development and implementation. (3) AnyProvide any additional, related, system-wide services that are necessaryessential for the provision of high-quality fire and emergency medical services. (4) Performing and delivering services in accordanceconsistent with state laws, county ordinances, and theduly adopted policies of the unified departmentcoordinated fire and rescue system. State law reference – Virginia Code §§27-7, 27-14, and 32.1-111.14 Sec. 6-104. Fire and Rescue Chief. The operational and administrative headdirector of the unified departmentcoordinated fire and rescue system shall be known as the fire and rescue chief, who shall be appointed by the board of supervisors upon recommendation by the county executive following a selection process that includes representation from the Albemarle County Fire and Rescue Advisory Board. The fire and rescue chief shall: 73/16/8/1009 Draft for Discussion Purposes Ordinance 5 Formatted: Centered (1) Provide general oversight and management of the unified department’ssystem’s functions and delegate authority to other officials and staff of the department as needed.by, including but not limited to: (2)a. Develop strategies Developing, in collaboration with the advisory board that seek to retain, strategies for the retention and increase expansion of the volunteer membershipbase within the unified departmentsystem. (3)b. Establish and enforce departmental policies for all necessary purposes in accordance with this article.Developing, in collaboration with the advisory board, system-wide policies that are essential to the effective and equitable provision of high-quality, countywide fire and rescue services, and overseeing the implementation of those system-level policies. All policies of the unified departmentcoordinated fire and rescue system shall be developed through the collaborative policy procedures established by section 6-109 and shall include, but not be limited to: a.i. Standard operating guidelines for the system’s delivery of fire, rescue, and emergency medical services; b.ii. System performance standards, such as minimum staffing and response goals; An integrated c.iii. A seamless command structure and incident command system that complies with federal and state incident management standards; d. Fleet size, deployment, and functions; e. Minimum personnel standards for all members of the unified department, including training, licensure, rank, and physical fitness; iv. Minimum personnel, training, licensure, and reporting requirements for the welfare of county and volunteer personnel and the delivery of high- quality fire and rescue services; v. System fleet size, deployment, and functions; f.vi. Minimum standards regarding apparatus and equipment; A procedure for volunteer chiefs to grieve decisions g. System funding by the fireCounty and rescue chief that affect the status of individual volunteers to the county executive or his designee; h.vii. Funding andsystem budget matters; and i.viii. A process for setting and maintaining first due areas, response districts and apparatus response orders. Formatted Formatted Formatted Formatted Formatted Formatted Formatted Formatted 73/16/8/1009 Draft for Discussion Purposes Ordinance 6 Formatted: Centered (4)(2) Make day-to-day operational decisions necessary for the coordinated system on matters not specifically addressed by system-wide policies. Prior to any significant decision affecting the coordinated system, however, the fire and rescue chief shall consult with the executive committee and consider all reasonable recommendations from the executive committee to the maximum extent possible. If exigent circumstances do not permit such prior consultation with the executive committee, the fire and rescue chief shall advise the executive committee as soon as practicable after the decision is made and seek its recommendations for future actions. (2)(3) Provide general management, planning, preparation, response and recovery for any disaster relating to fires, hazardous materials, rescues or emergency medical services that may occur in the county. (3)(4) Take all actions on behalfAssume responsibility, under the authority of the county executive, for actions necessary to implement and carry out agreements for mutual aid, disaster preparedness and the provision of services related to hazardous materials, rescues, fire suppression, investigation, medical services or other emergency response services deemed necessary in the judgment of the fire and rescue chief in events exceeding the capabilities of an individual locality or government agency. (5) Develop a broadly supported procedure for chiefs of volunteer organizations to contest decisions of the fire and rescue chief to the county executive or his designee in matters affecting individual volunteers, who are not employees of the County. The general management and discipline of volunteers shall be a station level responsibility, as provided in section 6-105(b)(6). (5)(6) Exercise all powers authorized by state law as necessary for the provision of fire and emergency medical services. State law reference – Virginia Code §§27-6.1, 27-7. Sec. 6-105. Volunteer fire companies and rescue squads; volunteer chiefs. (a) General; authority to create by-laws. Volunteer fire companies and rescue squads may be formed, named and dissolved in accordance with state law and board approval. They shall operate in complianceconformity with state laws, county ordinances, and the policies issued by the unified department. Volunteer fire companies and rescue squads may also make policies governing their stations that are consistent with state laws, county ordinances, and the duly adopted policies of the unified department. Nothing in this article prohibits or restricts a member company or squad from organizing or managing its affairs and personnel Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Bullets and Numbering Formatted: Indent: Left: 0.5" Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Indent: First line: 0" 73/16/8/1009 Draft for Discussion Purposes Ordinance 7 Formatted: Centered according to company or squad by-laws which are consistent with state laws, county ordinances, and the policies of the unified department.2coordinated fire and rescue system. Boards and governing authorities of volunteer companies and squads shall have full authority to adopt policies, guidelines and protocols for the governance of their stations, except where specifically constrained by state law, county ordinances, or policies of the coordinated fire and rescue system as they are duly adopted. Nothing in this article is intended, nor shall it be construed, to make any member of a volunteer company or squad an employee of the county.3 (b) (b) Responsibilities. Volunteer fire companies and rescue squads shall have all the powers and duties granted to them by state law. They shall also execute the following responsibilities in accordanceconformity with their respective organizational by-laws, chains of command, and the duly adopted policies of the unified departmentcoordinated fire and rescue system: 1. Managing performance by the company or squad, including directing station activity and operations as needed; 2. Providing daily operational command and control of fire and EMS incidents;Assuming or delegating the role of incident commander within the system’s integrated incident command structure; 3. Providing management of response districts and apparatus response orders; 4. Selecting and promoting officers and other personnel; 5. Recruiting and , retaining and advocating on behalf of volunteer members; 6. Managing officers and personnel, including disciplining, training, and keeping records; 7. Preparing budget submittalstheir annual budgets for submission to the county, and managing the budgettheir budgets; 8. Fundraising and managing all funds and assets that derive from private, non-County sources; 2 This paragraph comes partly from Prince William County and partly from state code. 3 This sentence comes from Prince William County. Formatted: Indent: First line: 0.5", No bullets or numbering 73/16/8/1009 Draft for Discussion Purposes Ordinance 8 Formatted: Centered 9. Collecting and forwarding to the fire and rescue chief such data, statistics and other information as may be necessary to assure the efficient and economical operation of the coordinated fire and rescue system; 9.10. Caring for and maintaining station facilities, apparatus and equipment; and 10.11. Managing station procurement of supplies and coordinating station procurement and stewardship of county-supported apparatus, equipment, and tools. (c) Chiefs. The operational head of each volunteer fire company and rescue squad within the unified departmentcoordinated fire and rescue system shall be selected according to the by-laws of the company or squad and shall be known as the chief. Volunteer chiefs shall exercise the authority granted to them by state law and the by-laws of their organizations, so long as their actions do not conflict with the provisions of this article or the duly adopted policies of the unified departmentcoordinated fire and rescue system. State law reference – Virginia Code §§15.2-955, 27-9, 27-10, and 32.1-111.14 Sec. 6-106. Establishment and composition of advisory board. (a) The Albemarle County Fire and Rescue Advisory Board (―advisory board‖) is hereby established in order to accomplish the following: 1. Enable representatives of departmental volunteer companies and squads to advise Collaborate with the fire and rescue chief onconcerning the delivery of fire, rescue and emergency medical services in accordance with as representatives of the volunteer companies and squads and as described by this article; 2. Facilitate communication and collaboration between the volunteer and county-employed members of the unified departmentcoordinated fire and rescue system; and 3. Communicate issues of importance to the fire and rescue chief concerning individual volunteer organizations or the unified departmentcoordinated fire and rescue system. Nothing in this article abridges the First Amendment rights of private citizens to communicate directly with the county executive or the board of supervisors. (b) The advisory board shall be composed of the highest ranking operational leader of each of the volunteer organizations listed in section 6-103102 of this article. The Formatted: Indent: Hanging: 0.5" Formatted: Indent: Left: 0.75", Hanging: 0.5" Formatted: Indent: Hanging: 0.5" Formatted: Indent: Hanging: 0.5" Formatted: Indent: Left: 0.75", Hanging: 0.5" 73/16/8/1009 Draft for Discussion Purposes Ordinance 9 Formatted: Centered fire and rescue chief shall attend all meetings of the advisory board as the chief executive officer for the unified department, but shall not be a member of the advisory board. Sec. 6-107. Responsibilities of the advisory board. The advisory board shall perform the following duties in light of the mission of the unified department to best serve the community:: (1) EstablishAdopt by-laws for its operation consistent with this article. (2) Review all proposed policies affecting the unified departmentcoordinated fire and rescue system and provide recommendationscomments and advice to the fire and rescue chief in accordance withthrough the collaborative procedures established in section 6-109. (3) Appoint a committee or committees to meet regularly with the fire and rescue chief and , county staff and, if appropriate, county volunteers, in order to discussconsider concerns, and advise the fire and rescue chief, and provide input regarding: a. Incident management; b. Continuing failure of a volunteer company, volunteer squad, or county staff to correct a violation of unified department policy; and b. Quality assurance for the Non-conformance with duly adopted system policies; and c. Assurance of quality in the delivery of emergency services. (4) EstablishAppoint such otheradditional committees as may be needed to advise the fire and rescue chief on useful to facilitate communication regarding matters of importance to the unified department. coordinated fire and rescue system in the performance of its essential mission, including county staff and county volunteers in such committees, as appropriate. (5) ProvideAppoint an executive committee to perform the responsibilities outlined in section 6-108. (5)(6) Review and provide input and recommendations to the fire and rescue chief for regarding new initiatives regarding thefor the system’s operating and capital improvement budgets of the unified department. (6)(7) Meet on a monthlyregular basis in order to perform its responsibilities under this section, and present an annual a report at least annually to the board of supervisors regarding the health and welfare of the volunteer system. Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5", First line: 0" Formatted: Normal 73/16/8/1009 Draft for Discussion Purposes Ordinance 10 Formatted: Centered Sec. 6-108. Executive committee of the advisory board. (a) Composition. The executive committee of the advisory board shall be composed of two (2) volunteer fire company members and two (2) volunteer rescue squadat least three members of the advisory board who are selected by the advisory board in accordance with its by-laws, and with the goal of providing equal representation for the fire companies and rescue squads. Executive committee members must be active members in good standing with their respective volunteer companies and squads. (b) Terms of service. The advisory board shall select members to serve two-year determine the terms on the of service for committee. Terms should be staggered to allow continuity and ensure that at least one fire company and one rescue squad member members, who served in the previous year remain on the committee. Individuals may serve no more than two (2), consecutive, two-year terms. Members may be removed from committee service by a majority voteshall serve at the pleasure of the advisory board or by the fire and rescue chief, after consultation with the advisory board, for failure to discharge their duties under this article or inability to serve as an active member with his or her volunteer organization. (c) Responsibilities. The executive committee shall advise the fire and rescue chief in a timely manner on all proposed policies of the unified department coordinated fire and rescue system and on any other departmental system matter for which the fire and rescue chief requests input and advice. The executive committee shall meet as frequently as needed to discharge these responsibilities. Sec. 6-109. Procedure for developing policies of the unified department.coordinated fire and rescue system. (a) Purpose. In adopting this ordinance the board of supervisors recognizes that, to have full effect, policies must be developed through a collaborative process and enjoy the support of a majority of the elements of the coordinated fire and rescue system. The procedures in this section are established in orderintended to assist the fire and rescue chief, the advisory board, and the executive committee, and advisory board in carefully considering and collaboratively developing in the collaborative and careful development of policies for the unified department. Policies that affect only county employees will not be considered by the executive committee. system. These procedures may be changed at any time by agreement of the fire and rescue chief and the advisory board and chief.by a majority vote. In addition, the fire and rescue chief may at any time seek more input and advice from the executive committee or advisory board than as required by this section requires. Formatted: Indent: First line: 0.5" 73/16/8/1009 Draft for Discussion Purposes Ordinance 11 Formatted: Centered (b) Initiative and Drafting. Any member of the unified department may recommendcoordinated fire and rescue system may suggest new policies or policy amendments to the fire and rescue chief by utilizingand the advisory board through the member’s chain of command. With input fromIn cooperation with the executive committee, the fire and rescue chief shall prioritizeoversee the preparation of new system - level policies or and the review of all existing draft system -level policies. Such draftPolicies that affect only county employees or county volunteers will not be considered by the executive committee. Draft policies, prepared by the fire and rescue chief, shall be submitted to the executive committee for joint consideration and collaborative development. The draft will be accompanied by a written report summarizing the rationale for the policy and the impacts, if any, on volunteer budgets and volunteer members’ time. (c) Executive committee collaboration.Committee Role in Policy Development. The executive committee shall review and evaluate all draft policies proposed by the fire and rescue chief or others in light of the mission of the unified department to best serve the community.following standard: whether the policy is essential to the effective and equitable provision of high-quality, countywide fire and rescue services (hereinafter, ―system policy standard‖). Within thirty (30) calendar days of receiving the initial draft policy, barring exceptionalunforeseen circumstances, the executive committee shall review the draft and decide to: support the policy as worded; support the policy with specific, recommended revisions; or decline to support the policy. If the committee decides to decline to support the policy, it must give a clear, written explanation of the reasons for its decisionThe committee may accompany its decision with a written explanation of its position, although it must provide a written explanation in the event it declines to support the policy. The fire and rescue chief shall consider the comments and recommendations of the executive committee in light of the mission of the unified department and shall incorporate such recommendations for revision which, in his judgment, will best serve the community.meet the system policy standard. The fire and rescue chief shall then re-submit any revised draft policythe draft, with any revisions, to the executive committee for additional review and consider any additional recommendations for revisioncomment, repeating this process until he is satisfied that he has prepared a draft policy that best serves the communitythe resulting draft meets the system policy standard and addresses the reasonable concerns of the executive committee. Should the fire and rescue chief decline to accept any material recommendation for revision from the executive committee, he shall provide a written explanation of the facts and reasons for his decision to the executive committee and seekattempt to reach a mutual agreementconsensus with the committee on the disputed issues prior to submitting the proposed policy to the advisory board. During the collaborative process described above, the executive committee shall brief other members of the advisory board on the progress of their its work with the fire and rescue chief and raise any questions and concerns expressed by solicit from the advisory board members to the fire and rescueany questions, concerns and suggestions for introduction to the chief. 73/16/8/1009 Draft for Discussion Purposes Ordinance 12 Formatted: Centered (d) Advisory board collaboration. Advisory Board Deliberations. After completing the collaborative work with theconsultations with the executive committee provided by this sectionas described above, the fire and rescue chief shall submit the proposed policy, along with any annotations he considers necessary, to the full advisory board for its review. Provided that the proposed policy is submitted to the advisory board at least seven (7)fourteen (14) calendar days before any monthly meeting, the advisory board shall acttake action on the policy at that meeting. After considering the draft policy in light of the mission of the unified department to best serve the communitysystem policy standard defined in §6-109(c), the advisory board shall vote to: support the policy as worded; support the policy with specific, recommended revisions; or decline to supporttake one of the following actions by majority vote: 1. Accept the draft policy as worded, following which the policy shall be considered adopted. 2. Support the policy in principle, but with specific revisions. 3. Decline to accept the policy. If the advisory board votes to decline to supportoppose the policy, it must giveprovide a clear explanation of the reasons for its vote at the same meeting. , and may, at its discretion, follow with a written explanation of the reasons for its opposition. The fire and rescue chief shall consider any recommendations for revisionreconsider the draft policy in light of the mission of the unified departmentsystem policy standard defined in §6-109(c) and incorporate such revisions from the advisory board which, in his judgment, best serve the community.meet that standard. The chief shall then submit any revised draft policy to the advisory board or the executive committee for additional review and consider any additionalfurther recommendations for revision, repeating this process until he is satisfied that he has prepared a draft policy that best serves the communitythe resulting draft policy meets the system policy standard and addresses the reasonable concerns of the advisory board. The chief shall submit the revisedhis final draft policy to the advisory board within seven (7)at least fourteen (14) calendar days before their next meeting for final consideration. (e) Adoption of policies.Policies. The fire and rescue chief shall be authorized to adopt and issue a policy of the unified departmentcoordinated fire and rescue system immediately after a vote by the advisory board to support the policy as worded. Should the advisory board vote otherwise (to support the policy with recommended revisions, or decline), the fire and rescue to oppose the policy, the chief may nonetheless notify the advisory board that he nonetheless intends to issue the proposed policy as worded.submitted. In that event, the proposed policy will take effect the day after the next advisory board meeting, unless otherwise specified within the policy, or unless the advisory board votes to appeal contest the policy at that meeting. If the advisory board votes to appeal, the proposed policy will Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.58" + Tab after: 0.83" + Indent at: 0.83" Formatted: Underline Formatted: Underline 73/16/8/1009 Draft for Discussion Purposes Ordinance 13 Formatted: Centered not take effect until and unless the county executive or his designee renders an opinion that the appeal is unfounded. (f) Appeals. Appeals of proposed policies may be taken in accordance with this subsection. The advisory board may vote to appeal either at the meeting in which the fire and rescue chief provides notification that he intends to issue a proposed policy, or at the next advisory board meeting, but no later.Informal Contest of Policies. Should the advisory board vote to contest the policy, written statements from the fire and rescue chief and the advisory board, explaining their positions for and against the policy, shall be submitted to the county executive no later than fourteen (14) calendar days from the date of the meeting. The county executive or his designee shall either: (1) refer the policy back to the parties for further consideration and collaboration; or (2) determine that the policy meets the system policy standard as defined in §6-109(c). Following the county executive’s decision, the advisory board shall vote at its next meeting regarding whether to file a formal appeal of the policy. (f) Appeals of Policies. Appeals of proposed policies will be taken in accordance with this section. Within seven (7) calendar days of any vote to appeal, the chairman of the advisory board shall submit a written notice of appeal, including a statement of the basis for the appeal, to the county executive. Within ten (10) calendar days of receiving the notice of appeal, the county executive or his designee shall provide a written decision to the advisory board and the fire and rescue chief concluding that the appeal is either founded or unfounded. Decisions shall be based on whether the proposed policy advances the mission of the unified department to best serve the community. A founded decisionmeets the system policy standard as defined in §6- 109(c). A decision that the appeal has merit may also provide guidance to the fire and rescue chief and the executive committee regarding further work to be undertaken regardingon the disputed matter. An unfoundedpolicy. A decision that the appeal is without merit may be appealed to the board of supervisors by a majority vote of the advisory board at its next meeting. Within seven (7) calendar days of the vote to appeal to the board of supervisors, the chairman of the advisory board shall submit a written notice of appeal, including a statement of the basis for the appeal, to the clerk of the board of supervisors. The written notice of appeal will be accompanied by a packet, compiled by county staff, containing a copy of the following: all documents submitted by the advisory board, fire and rescue chief, and the County Executive as part of the informal contest and appeal processes; the proposed policy; and the minutes, if any, reflecting advisory board deliberations on the proposed policy. Any party may include such other documents it believes would be helpful for the board of supervisors to consider by providing them to the clerk of the board of supervisors prior to the expiration of the seven (7) calendar days described above. The board of supervisors shall consider the appeal at its nexta subsequent meeting and issue a decision that the appeal is founded or unfounded.should be sustained or not sustained, in whole or in part. The Formatted: Indent: First line: 0.5" 73/16/8/1009 Draft for Discussion Purposes Ordinance 14 Formatted: Centered basis for the decision shall be whether the proposed policy advances the mission of the unified department to best serve the communitymeets the system policy standard as defined by §6-109(c). Sec. 6-110. Office of the Fire Marshal. (a) Pursuant to Virginia Code §27-30, the Office of the County Fire Marshal is hereby established. The board shall appoint the fire marshal and such assistant fire marshals as the board deems necessary. (b) The fire marshal and his assistants shall, before entering upon their duties, take an oath, before any officer authorized to administer oaths, to faithfully discharge the duties of their offices. (c) The fire marshal and his assistants shall be authorized to exercise all of the powers authorized by Title 27, Chapter 3 of the Virginia Code, including the powers enumerated in Virginia Code §§27-34.2, 27-34.3, and 27-37.1.4 (d) The authority granted under this section may not be exercised to inhibit or obstruct members of law-enforcement agencies or rescue squads from performing their normal duties when operating at such emergency incident. Personnel from the news media, when engaged in news-gathering activities, may enter at their own risk into the incident area only when the officer in charge has deemed the area safe and only into those areas of the incident that do not, in the opinion of the fire marshal or his assistants, or other officer in charge, interfere with the department’s ability to manage the emergency. The fire marshal, his assistants, or other officer in charge may order persons who are violating the provisions of this section from the scene of the emergency incident. State law reference – Virginia Code §§27-30, et seq. Sec. 6-111. Junior Firefighters Program. Persons Any person sixteen years of age or older are is authorized to participate fully in all activities of a volunteer fire company duly authorized to operate in the county under the following conditionsafter he or she: 4 I replaced existing section D with new section C because many of the provisions were outdated and failed to reflect the fire marshal’s actual role in fire suppression management. The citation to chapter 3 should make it clear that the fire marshal has all the powers provided under state law. The new code citations give express authority to make entry at haz mat scenes and clarify that the marshal may enforce the statewide fire prevention code. Formatted: Indent: First line: 0.5" 73/16/8/1009 Draft for Discussion Purposes Ordinance 15 Formatted: Centered (a) SupplyBecomes a member of the volunteer fire company; (a)(b) Supplies to the chief fire officer of the volunteer fire company written confirmation that such person is a resident of the Commonwealth of Virginia 5and has parental or guardian approval; and (b)(c) AttainAttains certification under National Fire Protection Association 1001, level one, firefighter standards as administered by the Department of Fire Programs. State law reference – Virginia Code §40.1-79.1. Go to next attachment Return to exec summary 5 I added this Commonwealth requirement because it comes from Va. Code 40.1-79.1. Formatted: Font: Not Bold October 22, 2008 (Adjourned Meeting) (Page 1) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on October 22, 2008, for purposes of a joint meeting with the Albemarle County Fire and Rescue Advisory Board (ACFRAB), at 7:00 p.m., Lane Auditorium, County Office Building, McIntire Road, Charlottesville, Virginia. This meeting was adjourned from October 8, 2008. PRESENT: Mr. Kenneth C. Boyd, Mr. Lindsay G. Dorrier, Jr., Ms. Ann H. Mallek, Mr. Dennis S. Rooker, and Ms. Sally H. Thomas. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W . Tucker, Jr., County Attorney, Larry W . Davis, and Clerk, Ella W . Jordan. Agenda Item No. 1. The meeting was called to order at 7:01 p.m., by the Chairman, Mr. Boyd. _________________ Agenda Item No. 2. Introductions and Purpose. Mr. Boyd thanked everyone for joining the Board’s work session on the organizational structure of a fire and rescue system. He expressed appreciation for the attendance of all fire chiefs that were present. Mr. Boyd said that during the first two meetings of the ACFRAB strategic planning process it became increasingly clear that the Board of Supervisors and all fire/rescue stakeholders could benefit from a better understanding of how other peer Virginia localities have formally structured their organizations for a combination of fire and rescue systems. He stated that inviting representatives to provide an overview of their system and structure, and their evolution as a combination system including establishment and ordinances of their respective governing bodies would be beneficial and informative for everyone. Mr. Boyd commented that several emails suggest that what is in play is an attempt to replace the volunteer system with a paid staff, and the entire Board agrees that nothing could be further from the truth. He emphasized that they greatly value volunteer stations and are striving to come up with a system that is not only inclusive of volunteers but thrives because they are a part of it. Mr. Boyd added that the Board is ultimately responsible for public safety of its citizens and has employed a director to be held accountable for the Board’s vision for provision of those services. Albemarle County is committed to, and places a very high value, on the use of a combined system using both public and volunteer resources to deliver the critical services and to provide the maximum cost-effective performance, promote the County-wide public interest, be accountable for the service levels and resources like other programs provided to our citizens, fairly communicate and consider all views regarding these services, and consider past and present for projected growth and development of the County and its public safety requirements. He noted that the system has undergone some significant changes in the past several years and is poised to further change in the future – including the hiring of paid personnel, the creation of blended paid and volunteer stations, and the commitment of increased County funding for volunteer operational and CIP needs – which have created a need to examine the organizational structure and ensure it is keeping pace with the needs of the evolving system in our community. Mr. Boyd said he believes their strategic planning process has been thwarted because of a lack of clear and formalized direction from the Board of Supervisors regarding governance of our system. He added that the system has operated under a loosely-defined organizational structure with no policy directives in place and it is time to reassess this in light of the current and future needs of the community. Mr. Boyd said that roles and responsibilities need clear definition and should be reflected in adopted policy and County Code to ensure that all involved understand the structure and can respond and interact appropriately. Mr. Boyd said clarity about the organizational structure is critical to ensuring that every emergency fire and rescue call in Albemarle County receives a consistent, predictable, high quality of response that reflects the emphasis on citizens’ safety and quality of life. He added that collaboration among units and the community as well as regional, state, and federal partners is paramount to emergency situations. He emphasized that it is important to utilize limited County resources as efficiently as possible toward the achievement of the strategic plan and the Comprehensive Plan goals. It is also important to respect and value the unique contributions of the components of this system towards achieving these inherent goals. Mr. Boyd added that he hoped tonight would provide some examples of how this organizational structure has been addressed in similar communities. He then welcomed Albemarle County fire and rescue officials and personnel to provide input as well. Mr. Boyd said several representatives from like-size jurisdictions have been invited to make presentations and inform Board members about their fire and rescue systems and corresponding organizational structures. At the conclusion of their remarks, the Board has set aside a time for a question and answer period from the Board and from ACFRAB. The Board’s intent is to conclude with guidance from the Board regarding how to move forward on this issue so that all parties have a clear and formalized direction regarding governance of the County’s system. Mr. Boyd then recognized Chief Rob Brown of Stafford County Fire and Rescue, Chief Fred Crosby of Hanover County Fire and Rescue, and Richard Johnson – retired County Administrator of Hanover County. __________________ October 22, 2008 (Adjourned Meeting) (Page 2) Agenda Item No. 3. Presentation: Stafford Fire Rescue. Chief Rob Brown addressed the Board, stating that they adopted the motto of “one department, one mission, and many partners” as their Board’s intent is not to eliminate volunteer companies but form a partnership and in the future grow together to provide the best services possible for Stafford County. He reported that that County’s Fire and Rescue Department is comprised of 15 stations – some of which are combination fire and rescue stations, some are rescue only, and some are fire only. Chief Brown said that they have 640 fire and rescue professionals, with 550 of those being volunteers and the remainder being career staff. He stated that the system currently answers about 22,700 emergency calls and provides ambulance transportation, which they bill for. He reported that the Stafford County Fire and Rescue Department was formally formed in September 20, 2005 and that is when the ordinance that created it, and the position of County Fire Chief, was passed. Chief Brown said that at that time they decided to go with a system where one person had total authority over the department. He added that so far, they have been able to work together to build the system rather than have one strong authoritative figure that dictates what will be done. Chief Brown said that they have brought about consensus before decisions have been made, even unpopular ones. He indicated that they have stayed focused on their mission – getting to citizens in eight minutes or less, 90% of the time, county-wide – the “bronze standard.” He explained that their standards for urban and suburban areas are higher, and every time they make a change in the system it relates to how to achieve those goals. Chief Brown said he works for the County Administrator and receives his policy direction from the Board of Supervisors, but when he makes decisions the first people he thinks about are the citizens and the people in the community. The department and personnel come second to that. He also said that they have many partners – all volunteer fire and rescue companies and the Stafford County Professional Firefighters (career personnel represented by the International Association of Firefighters). Chief Brown stated that the opportunities for them in implementing their plan were enhanced levels of service, enhanced safety, economies of scale, accountability, and helping with ISO issues. He further explained that they were able to integrate their system where the emotions of career versus volunteer were able to be set aside so that a scientific approach could be taken to providing the best levels of service. Chief Brown reported that there is an association that acts as an advisory board to him, and the ordinance specifically states they are advisory only. He said that the department has four assistant chiefs, three of whom are career and one of whom is a volunteer. Chief Brown stated that the volunteer now oversees the entire operations division and reports directly to him – and they are evaluated by the personnel system. He explained that their tactics have enhanced their level of service, and by consolidating into the Northern Virginia policies they have regional inter-operational capability. Chief Brown said that they have minimum staffing standards, and they have standardized both training and apparatus – and an operations group works to decide what is going to be carried on County apparatus. He explained that prior to his arrival, Stafford County had decided that they would purchase and own all of the apparatus and equipment. Chief Brown mentioned a photograph of one of their new stations that will be operated by a volunteer rescue company that will vacate their building and a volunteer fire company that will vacate their building. These companies will come together in one building and operate fire and rescue out of the station. He emphasized that accountability has been important to his board and to him, and that rests with him – the County Fire Chief. Chief Brown said that they have a county-wide class nine rating, which is established by blending the rate of all resources. Chief Brown said the challenges have been authority, individuality and understanding the ordinance. Chief Brown reiterated that the authority needs to be vested in one person where the buck stops. There has to be someone who is ultimately accountable for the system. The ordinance allows the County Fire Chief a lot of opportunity to be a dictator in some areas, but that is not the way it is used. The ordinance is only there for that critical time that decisions have to be made that cannot be made. Other than that, it is about building relationships. Individuality has been an interesting choice. The Board made the decision that any apparatus purchased by the taxpayers of the County will be painted and marked as Stafford County vehicles. If volunteer funds purchase it then there is no say over that as long as it meets basic County specifications. Chief Brown said that they operate 26 ambulances that are all the same. Lastly, Chief Brown said he is always encouraging his staff to stick to the facts and stay away from rumors. Most of his time is spent trying to dissuade personnel from listening to rumors. Chief Brown said they have had a lot of success in their system. He stated that in 2005, 41 percent of all calls were in less than eight minutes; today they are at 69 percent and more progress is being made every day. Mr. Rooker asked how many volunteers were in the system when they made the change in September 2005. Chief Brown replied that they had about 350 volunteers and 25 career people. They now have 550 volunteers and 98 career people. He noted that every volunteer has to go through an FBI background check, just like a career person, and some of those volunteers might have already been in the system. Chief Brown confirmed that the volunteer corps has not diminished at all since the system was implemented. __________________ Presentation: Hanover Fire and EMS. Chief Fred Crosby, Chief of Fire and EMS for Hanover County, addressed the Board. He said that they have been a combination system since 1990. In1897 a group of volunteers banded in the town of Ashland to start their own fire company. In 2008, they celebrated their 101 year anniversary and they are still all volunteers. Chief Crosby said that tonight their retired County Administrator is here because years ago he helped steer Hanover to improve the system, which is similar to what Albemarle is facing October 22, 2008 (Adjourned Meeting) (Page 3) right now. Chief Crosby noted that Hanover is a lot like Albemarle – it is 512 square miles with the Town of Ashland being 40 square miles – with a population of 110,000 and a mix of suburban and rural. He said that in the 1960’s, the volunteer fire companies came together and created a federation; it changed over the years as the fire chiefs’ roles changed. The latest ordinance happened in 2000 when it became time to change the organizational model. Chief Crosby stated that originally there were 12 fire stations – all independent companies – and four independent rescue squads. In 2000, he said, they decided to merge all that and that yielded the current system. His main message is that “it works”; a structure works and it does not cut the volunteers. He said that Hanover has 162 employees and over 1,000 volunteers; the fire department board made volunteering a priority to help engage the community. Chief Crosby explained that he helped write the ordinance for Hanover, and he has ultimate responsibility more so than ultimate authority. They have a grievance process for their volunteers if they feel the fire chief is out of line. He emphasized the importance of having checks and balances in the organizational structure, adding that volunteers and personnel all play on an equal playing field. Chief Crosby said that they are a mission-centric organization, with everybody on board wanting to do a good job. He said that four years ago they set goals of having the same service across the district, and they met them in September of this year. Chief Crosby stated that they have no 24-hour stations with career people, but staff when the volunteers are least able to staff them; four stations work a 16/24 hour with two platoons; four stations work a 40-hour week; one station – Ashland – has no career coverage at all and that is the busiest company. By doing that, he said, they are able to leverage what the groups can do for each other into a good system. Currently they are redistricting boundary lines for response stations. Growth has changed some things for them. W ith that they are giving each rescue squad a fire district. Chief Crosby emphasized that not one volunteer has called a Board member as they feel they have a voice in the process. His issues today are with the paid people, with 80 percent of administrative time being spent on human resources. They do not face those same challenges with volunteers. Chief Crosby said they run about 20,000 calls per year. They run volunteer crew and mixed career crews; they run all career crews; they run all volunteer crews. They make no differentiation on whether the individual is paid or volunteer. He informed the Board that recently he made every employee’s job performance involve measures to improve volunteerism at their station. It worked and they met all of their goals. Chief Crosby said that they have a “values-based leadership” and a very open “bottom-up” process that encourages “tactical equality.” Chief Crosby said they defined standards of acceptable performance. They started with the mission, and then defined what it takes to be a lieutenant, captain, etc. The volunteers helped to define that process. They grandfathered time. The classes and training needed were offered and everyone came into compliance. He explained that they use a merit- based system that rewards performance, but volunteers fear being replaced, as they are hugely invested in what they do. Chief Crosby said the transition can be difficult for leadership and elected officials. It requires a certain amount of focus and drive. He reiterated that it is a change process. Chief Crosby said they found that communication was the key. Mr. Johnson addressed the Board, stating that he supervised the Fire & EMS Department in Hanover from 1988 to 2004, when he retired, and before that he was Finance Director. He reported that during that time there were difficulties but the important thing is that it worked. There were no wholesale closings of volunteer departments and no catastrophes. From his perspective, it reduced the tensions that had just been around for years by finally making a decision, getting this department on the road, giving it direction; those tensions went away in very little time. He added that their long term financial and strategic planning process opened up in a way that was not able to be done before. It opened options that they were able to address more directly such as putting a fire truck in a rescue squad building. He believes the volunteer system is stronger now than when the ordinance was adopted. Mr. Johnson said that they have a “seamless system county-wide,” and that has greatly improved consistency in the levels of service for all parts of the county. Mr. Dorrier asked what incentives they offer to get people to volunteer. Chief Crosby responded that Hanover realized they had to invest in volunteers and there is a full- time recruiter who handles about 180 applications per year. They actively and aggressively recruit. He said that the volunteers get free tags, a reduction on personal property taxes, free uniforms, turnout gear, and all the tools they would give a career person. Chief Crosby noted that they tried a retirement program where the department would match contributions, but that went nowhere. They found that the volunteers are not doing it for the incentive but they sure like to be told they are appreciated. Mr. Boyd asked if the details and policies came after adoption of the ordinance. Chief Crosby said the ordinance set in place that structure and the ground rules. It made them one department instead of 16 departments. The ordinance set the stage for all the work that has to be done. They also have volunteer chiefs at the individual companies. He cannot implement any policy in Hanover County without the advice of the chief staff. The chief staff does have the ability, if they disagree with him, to make a report to the Board of Supervisors on what they believe. He meets monthly with the chiefs. The only time he can put anything in effect without discussion with the chiefs, by law, is if it is an extreme emergency. Chief Crosby reiterated that their ordinance sets the structure and sets in place processes, and guarantees for the volunteers and the career staff. He added that it has to be a collaborative process if it is going to work. October 22, 2008 (Adjourned Meeting) (Page 4) Chief Brown said Stafford’s ordinance is much the same as Hanover’s. W hen their Board embarked on this process, they visited numerous communities over Northern Virginia, including Hanover, and Richmond communities. Their County Administrator had the Board tell him what they wanted out of a fire chief, fire department, etc. He then went out to find the best of those ordinances and then created their own ordinance. Their ordinance looks a lot like Hanover’s and has a lot of Fairfax in it. The ordinance is essentially a shell establishing the department. It delineates the authorities and it sets out by ordinance the grievance procedure. He mentioned that all volunteers become de-facto county employees and are thus bound by HR regulations with the same rights and responsibilities as other employees. Mr. Dorrier asked if the volunteers receive retirement benefits. Chief Brown said that they have a retirement program called LOSAP. They anticipate about 550 people enrolling in the retirement program that includes some pay after retirement, larger life insurance policies, and some “buy back” of time put in. They also offer most of the same benefits as Hanover. He mentioned that all budgets in Stafford are covered by County government, but fire stations can fundraise for special projects and equipment if they so choose. Mr. Boyd suggested that the group take a brief break, then come back and have Albemarle’s Fire Chief staff address the Board and the guest fire chiefs. __________________ (At 7:59 p.m. the Board recessed and then reconvened at 8:10 p.m.) __________________ Agenda Item No. 4. Questions/Comments. Chief George Stephens, Chairman of the Fire and Rescue Advisory Board and the Chief at North Garden Fire Company, addressed the Board. He thanked the visiting chiefs and the representatives from Hanover and Stafford. Chief Stephens then asked the Board what they hoped to accomplish from this meeting. W hat was their goal? Is this an informational session? W hen does the Board anticipate making a decision? Mr. Boyd responded that the Board is concerned that the fire and rescue strategic planning does not seem to be moving forward. It is the Board’s responsibility to provide emergency services to the County. Once we get through listening to everybody’s input then the Board will discuss it and decide on what they want to take as the next step. He added that establishing an ordinance is a process unto itself, but that initiative is a step that could be taken tonight. Ms. Thomas commented that the point of tonight is not so much to make decisions on definitive items, but to establish what the next steps are. Chief Stephens said the concern of the Advisory Board is the next steps. There should be some additional meetings and some other areas, departments, and jurisdictions looked at. Having some volunteers from those areas would have been beneficial rather than just looking at two systems. He added that he has not had the opportunity to do that kind of research. Ms. Mallek said that there is a commission in Spotsylvania and an association in Prince W illiam that have also been successful in collaboration and working on good systems. Chief Stephens indicated that he would like other chiefs to ask a few questions. Mr. Slutzky stated that while they are here, he’d like to hear from the volunteers about their apprehensions, priorities, and general direct feedback. In response to Mr. Slutzky, Chief Stephens said some of his volunteer members laid the brick for the North Garden Fire Station and that is a great value. Community members donated the property and their time to doing “more things than fighting fire,” and the company has been in service since 1970. They have about 35 members and over 500 combined years of service. He then asked the average years of service of the Hanover and Stafford volunteers. That is a huge value in Albemarle; volunteers who have made a lifelong career of being a volunteer. They were volunteers before incentives were given. Chief Brown said that their Board is buying back years of service for their retirement program, as their average volunteer has about 15 years of service in Stafford County. His Assistant Chief has over 35 years of service in Stafford. He added that they have people who are very proud of their stations and the County has done as much as possible to help support them. It is all about partnerships, and it is about building that trust. Chief Crosby reported that national average for volunteers is five to seven years; Hanover’s average is 12 years and he has six firefighters with 50 years of service. They lost some of their older members through generational changes, not through these changes. Mr. Boyd asked why they chose these models for running their fire stations. Chief Crosby said one of the problems when talking about combination systems, which is a legitimate fear for volunteers, is that a lot of people use them as an excuse for a transition period between volunteer and all career. They wanted a model that included volunteers forever. He added that he created his own problem by changing the ordinance and not giving enough time for volunteers to be a part October 22, 2008 (Adjourned Meeting) (Page 5) of that. He thinks it is hugely important that the volunteers are part of the process of writing that ordinance. Mr. Dorrier asked if the volunteers have input in the type of equipment they receive. Chief Crosby said that they have a committee that routinely reviews decisions, with fire companies given some latitude to make additions/minor modifications. They do have a standard fire truck purchased by the County. They also transfer trucks between companies. They encourage pride in their companies and that kind of thing. Mr. Boyd said he heard mention of a commission model and asked if that was looked at. Chief Crosby said they did look at commissions, but they decided that some stand alone commissions are authorities within government. He explained commission sometimes creates another layer that goes in a different direction than the county. They decided to funnel this process like other County departments where it ultimately answered to the Board of Supervisors. Their Board wanted to retain that control that they would be the final arbiters of what fire and EMS was in Hanover. Chief Brown reported that Stafford had a fire commission but the Board decided that was not what they wanted so they went with an ordinance that appointed a fire chief and an association – made up of two members from each volunteer company, two members from the career service that are appointed by the fire chief; he appoints the union president and the operations chief. He said that the night the ordinance was presented no one spoke in opposition to it because the work had been done with the volunteers. Chief Stephens said that if they go down a path without being regional and including the City, they are putting at risk a great deal of additional cost to the taxpayers because at different times they need different resources. He also added that in Albemarle there are urban areas and rural areas, and it becomes quite expensive to keep the response times down in the urban ring. There are opportunities for both jurisdictions to be able to take advantage of. Chief Scott Goss, Chief of East Rivanna Fire, addressed the Board, stating that he has over 30 years of service. Chief Goss commented that the Fourth Floor has staff working on ideas and developing a concept, which fire and rescue “gets bits and pieces of.” He encouraged them to share those ideas to help inform the County chiefs and departments. He does not know if they necessarily understand what the Fourth Floor is doing. It makes sense for the Fourth Floor to share their goals and long range ideas more frequently with the volunteers to see if they coincide with the things they are thinking about. Often times, the volunteers wonder where County staff gets its information. At that point the communication lines may greatly improve. Mr. Rooker noted that the departments that presented today each have boards comprised, in part, of fire chiefs, and asked Chief Goss if he felt this type of structure would be beneficial. Chief Goss said he was talking specifically about what they currently are involved. He thinks that the chiefs understand what they are doing but not necessarily what the Fourth Floor is doing. He thinks open communication would enhance all the things they want and the things they are doing. Mr. Slutzky agreed that communication is a critical component of any success in an organizational structure. He commented that it is important for Albemarle’s firefighters to share what they have talked about in their own meetings as well. He is hoping to get out of tonight as much feedback and input as possible. He is also hoping for opportunities to share with Board members, the firefighters’ apprehen- sions, if any, about going into a system like what they are doing in Hanover and Stafford. Are there things in these systems that Albemarle firefighters would value? Chief Goss emphasized the need for open lines of communication. If that communication breaks down they have lost the essence of what they are trying to achieve. Mr. Boyd reiterated that the Board wants the best quality, most efficient emergency system possible in this county, and want it measured by response times but are open to considering other ways of measurement. The Board had hoped that the strategic planning process was going to provide it with some of that feedback and he is afraid they are not getting it. He added that the Board felt that perhaps some additional structure, such as the ordinances other localities have, might help to that end. He wants to move this process forward whether it means studies of other systems or use the information that has been provided. He does not think the Board can let this go on much longer. The Board really has got to get a direction and start heading in that direction. He is hoping to get direction from this meeting in establishing an ordinance. He believes that goal needs to be established. Ms. Thomas asked Chief Goss to comment on what he had heard thus far tonight. Chief Goss responded that the people in his company are “immensely independent and fiercely defensive of their territory.” He said that all chief officers, regardless of whether they think a type of system is appropriate or not, agree that it is imperative to serve the public with adequate response times. They have an obligation to maintain a high level of service to the public. Chief Stephens said that Albemarle is using some of the same incentives as other localities – tax breaks, issuance of the county tags, turnout gear, training, access to parks. He added that they have come up with some standards for the engines, the brush units, the tankers, etc., and the County has agreed to make payment for those although they are not exactly alike between companies. Chief Stephens said he took issue with the trucks all being the same color, and operationally the system does a October 22, 2008 (Adjourned Meeting) (Page 6) very good job; citizen surveys confirm this. They don’t want to fix the portion that is not broke. He also said that they started strategic planning but there were some issues there. Mr. Dorrier asked if they were embarking on separate plans, or integrating them with the County’s strategic plan. Chief Stephens responded that they cannot work independent from the Board, but recognized that there were some issues at hand when they began their own planning processes. They cannot lose sight of the fact that they are still doing a very good job of providing service to the citizens. Each department is independently operated and run within the organization. He added that there is some sense of rivalry between departments and that is a good thing. Chief Stephens also mentioned that the apparatus is designated with both the local company and the County information. He added that they want to be well- educated as they go through this change process. Mr. Boyd asked Chief Stephens if he thinks the County needs to strive for a centralized fire and rescue system. Chief Stephens responded that when the volunteer chiefs take a position on an issue that is in opposition to County staff’s position, it is problematic. W hen they are together on an issue, you do not know they have a problem. Mr. Slutzky asked what he felt the most effective way to deal with issues would be. Chief Stephens replied that when there is a disagreement, the membership of his company has ultimate authority. He explained that on fire calls, the ranking officer on the scene has authority. Chief Stephens emphasized that his membership votes on items whether it is budgeted or not, including administrative and operational, but they always keep the taxpayer in mind. He added that he has a very conservative membership that scrutinizes all expenditures. Mr. Dorrier asked if he felt Albemarle is getting good bang for the buck on fire and rescue expenditures. Chief Stephens responded that it definitely is. He also said that a study done two years ago on merging County and City resources showed the difference between what those localities spend and Albemarle is doing well in that regard. Chief Tim Cersley, Fire Chief of Scottsville Volunteer Fire Department, addressed the Board. Chief Cersley said that the unique situation with his station is that they respond to three different counties, so if they move into one system the other counties might suffer. He asked if they are still going to answer calls that they have mutual agreements with and with those chiefs that will respond into those areas when they call for, on an automatic basis. That is something that is a big concern to his department and they need to know the answer. He also stated that everyone needs to be on the same page, and the lack of that is what causes problems when they do sit down to talk. He reiterated previous comments that one of the main issues is communication. Mr. Boyd again said the Board has not established the structure for how it wants to build the fire and rescue system. The Board expects to have tremendous input from the fire stations. He stated that there is no reason to change agreements in how the department runs calls to Buckingham County or Fluvanna County. That is not something this Board wants to get involved in. The Board does have to determine how the system will work countywide and the kind of organizational structure. This Board also has differences of opinions. Unless it comes up with an ordinance that is brought forward through the proper channels and is voted on, there is not going to be any system-wide structure. Chief Cersley said that is the same direction they are trying to work, but they are not on that page. He does not know how everyone will get to that page and he does not think the Board will get that answer tonight. Chief Fred Huckstep, Chief of Earlysville Volunteer Fire Company, addressed the Board. He asked the visiting fire representatives if their ordinances came from problems or from the volunteer base. Chief Brown answered that the Board initiated the process, in response to concerns from citizens over long response times, and financial issues that became very public in some of the volunteer companies. He said that a lot of that involved purchase of equipment without using the County’s purchasing policies, and they ended up with about $2 million in debt that had not been approved by the Board. The situation ended up leading to litigation that had the County returning the trucks to the seller. The companies then sued the County for the price of trucks and the Courts upheld the County. Chief Crosby addressed the Board, stating that Hanover had no crisis. He talked to people who were there in the 1960’s who said that the volunteers were the catalyst because they felt a united voice would bring them the ability to deal more effectively with the County. He said that Hanover wanted to be proactive so they did not end up like Henrico and Chesterfield where the volunteers “kind of go away.” Mr. Rooker asked Chief Crosby if he has heard anything tonight that is different than when they went through the process. Chief Crosby said he has not heard anything unique. He thinks the concerns are totally legitimate. Chief Crosby stated that they built a strong relationship and trust with the volunteers and eventually no October 22, 2008 (Adjourned Meeting) (Page 7) one cared about the color of the fire trucks, which were eventually changed because he won a poker game. Chief Huckstep commented that there is a strong fire and rescue service in Albemarle, largely supported by volunteers. He thinks the crux of the problem is that several years ago an Advisory Board was formed; it states in their bylaws that they are an advisory board to the Board of Supervisors and they went along thinking that was reality. They are slowly finding out that that is not really how the Advisory Board is working with the Board and it has caused a lot of friction and problems administratively. The concept of the Advisory Board has eroded to a point where it does not do what it was set up to do. Mr. Boyd commented that that was also one of his concerns. Chief Doug Smythers, Chief of Seminole Trail Volunteer Fire Department, addressed the Board. He said that without trust a lot of this stuff cannot happen. Chief Smythers said he appreciates hearing about these systems, but he wants to know more. He also wants to hear from some of the volunteers. He also wants to hear about some of the negatives. He does not think the Advisory Board felt the sense of urgency that is being expressed tonight. He would like to look at other models as well as those presented tonight. There was discussion tonight about service level standards. He does not think any of the chiefs are opposed to establishing those standards. Mr. Boyd asked what he thinks the next steps should be. Chief Smythers responded that some of the suggestions presented tonight sound very good but some sound very scary. Most of the members of the Advisory Board realize some things are going to change. He reiterated that they were not aware of the urgency until tonight. They need an opportunity to step back, collect data and hopefully identify the problems they want to overcome. Mr. Dorrier asked if the chiefs set up the strategic plan for the Advisory Board. Chief Smythers said they have not done strategic planning which was identified a couple of months ago. They knew that they needed direction from the County and they then would work towards doing strategic planning for the upcoming years. He added that there was some disfunctionality in their collective group that they needed to work through before the strategic planning process. Mr. Rooker asked how that can be done without having a recognized structure in place. Chief Smythers agreed that is what has been necessary in other counties. Until tonight the Advisory Board was not aware the Board of Supervisors felt the urgency they did in fixing this problem. That had not been communicated to them. Mr. Bob Larsen, President of Monticello Fire Rescue Volunteers, said he was speaking for himself. He said they have already lost some good people and there is the chance they may lose some more with changes in the system, but the Board cannot go without making a decision fairly soon. He said that he also wants to make sure the community can afford these changes. Chief Kostas Alibertis, Chief of the W estern Albemarle Rescue Squad asked if the individuals present have separate functioning fire departments inside their County, similar to the City of Charlottesville. Chief Crosby said they do not. They do have an incorporated town within their county. They have some mutual aid agreements similar to the ones previously mentioned. Chief Brown said they do not. They are a countywide system that has no municipalities inside the borders of Stafford. They do run automatic aid with the City of Fredericksburg all day. Since they are part of Northern Virginia Fire Chiefs Alliance they participate in an agreement where they all operate off of the same SOPs. Chief Alibertis said they cannot disregard the fact that they have a fully functioning fire department and ALS response service in the City of Charlottesville that does provide service to the County. He mentioned an email that Dayton Haugh sent out regarding the closest response vs. the closest County response which is greatly different and what is affordable. It is going to be difficult if they allow a line between the City and County to prevent someone from getting service. That needs to be taken into consideration when looking at responses and how decisions are going to be made. He believes it would be a failure to the citizens not to have the City of Charlottesville be a part of these discussions. The City provides a valuable and cost-effective service to the citizens of the County. He commented that the chiefs did not have time to prep for this meeting today as they did not know it was going to be this type forum. In fairness, this is a great first meeting. He added that there are different models that function well. Both of these models seem to be the same and to make a decision you cannot just listen to one side. He said that trust and communication within the entire County system have been broken, and they cannot really do what the Board expects without those things. Chief Alibertis stated that he would applaud the adoption of some metrics, because if the standard was known the departments could try to achieve it. Chief Alibertis added that it is a difference when folks are doing something because they care as opposed to doing something because it is their job. The Board needs to remember that none of the volunteers have to be there and that should not be taken for granted. Mr. Larry Claytor, President of the Charlottesville Albemarle Rescue Squad, addressed the Board, stating that he does feel they are a countywide system of professionals. He offered some suggestions on October 22, 2008 (Adjourned Meeting) (Page 8) where to go from here, stating that he feels they need to get together and work towards communication and work towards rebuilding the trust. Mr. Claytor commented that there is a huge need to bring everybody back together at the same table, noting that there has been a disconnect at meetings. He also said that in a focus group about six to eight months ago, many problems were brought to light but nothing happened. Mr. Dorrier asked if he thought a strategic planning session was needed. Mr. Claytor replied that he thinks there is a need to set some rules and guidelines. Mr. Rooker said that in any collection of operating units, there has to be a structure in place within which the communication can take place. It has to be a structure that everybody recognizes and everybody abides by. It is apparent that that structure is not currently in place. Mr. Claytor responded that they just went through a system in the City where they have to justify response times. They have a standard, they meet it and they exceed it. He thinks that there may be a need to set up some kind of response time strategy in the County. Chief Jack Mellott, Assistant Chief at Stony Point Volunteer Fire Department, addressed the Board. He said that operationally, the entire fire department is very strong. The service the customer receives is excellent. Chief Mellott commented that the friction seems to occur at the administrative level, and the only way to evaluate the future is by looking at the past. Trust has been broken and that has to be fixed before they can do anything else. He added that right now when a volunteer agency has an administrative issue, there is no mechanism to address it. They should not have two budgets that get recommended. If they are really a unified combination system, they should have one budget. The system they have is not being used properly. Ms. Camille Miller addressed the Board, stating that she has been facilitating the ACFRAB retreats that have led to this point. She commented that ACFRAB is a phenomenal group of folks, both volunteer and paid, and agreed that operationally the service is absolutely seamless. She added that the current system is designed for the results that they are getting. Ms. Miller reiterated that the point that their needs to be complete and full trust, complete and full communication, straight and open talk with respect, consensus and collaboration, and active solicitation and input from all individual members. She mentioned her surprise that the County organizational chart shows all of the volunteer stations as entities of the County that report directly to the Albemarle Fire and Rescue Chief. She does not believe that any of the volunteers agreed to be put in that lineup. It makes perfect sense to her the disconnect and surprise she is seeing. Ms. Miller said this is critical but she urged the Board to not put a sense of urgency that it appears to have. There needs to be more exploration and input. She emphasized that everyone here is here with the best interest of the citizens in mind. __________________ Agenda Item No. 5. Next Steps. Ms. Mallek noted her appreciation for everyone weighing in tonight. As a liaison to the Advisory Board she has found it difficult to convey to other Board members what she is seeing and hearing. She expressed her confidence in the strategic planning process and that it needs to continue moving forward. Mr. Boyd said that he is not giving up on the strategic planning process, but there needs to be some structure put in place to work towards a central system. He commented that setting up an ordinance is the first step in that effort. The Board needs to invite members of ACFRAB, paid staff, County staff and the County Attorney to help develop the ordinance. He agrees that everyone needs to be involved in the process; it cannot be done in a vacuum. Mr. Slutzky stated that there is a lot of pride among the volunteers, and they would not have the incredibly good fire and public safety protections that it does without the dependence on the volunteers. He added that the career staff additions are also important, and as the County continues to urbanize the collaboration between volunteer and career is imperative. Mr. Slutzky said the conversation continues to get hung up on trust and there seems to be some confusion on where the decisions are made, the chain of command and who has the ultimate decision-making ability. It was helpful to him to bring in the individuals from Hanover and Stafford. This was his opportunity to listen to folks who had been through the transition. He does not think anyone on this Board is interested in losing the volunteer system. He thinks the Board has to take leadership prerogative and make a decision. To him it sounds like a lot of the distrust is ambiguity. This Board has not given a clear signal as to what kind of structure for governance it wants. The Board does perhaps communicate more directly with staff on its payroll as opposed to the volunteers. Mr. Slutzky said that staff should be directed to develop a proposed ordinance in collaboration with the Advisory Board and input from the volunteers as quickly as possible and bring it back to this Board. He reiterated that he is not interested in undermining the volunteer system, but there needs to be clarity in an attempt to get beyond some of the uncertainty and confusion. Mr. Dorrier commented that the County has come a long way in developing a program where they support the departments administratively, but there is still a problem with trust and communication. He said that Prince W illiam should also be consulted, and more homework needs to be done internally before the ordinance is developed. Mr. Boyd said that the Board needs to establish that they are going to craft an ordinance, not decide what is going to be in that ordinance or how it will be done. October 22, 2008 (Adjourned Meeting) (Page 9) Mr. Rooker emphasized that every successful organization must have a defined chain of command, and within that you need to provide for a flow of information up and down and it needs to be formalized. A lot of what he is hearing today is because of a lack of having that system in place. He added when the Board hired the Fire Chief for the County the intent was to make him the Board’s representative in dealing with the fire system. Mr. Rooker said that a system needs to be put in place that enables the best possible service for the County. The current system does not provide for productive communication because no one understands what their role is. Ms. Mallek commented that the system has not been enforced the way it is written. The bylaws state that ACFRAB advises the Board of Supervisors. Ms. Mallek said there is some protection for the volunteers that she sees as an outcome of this discussion. She thinks the strategic planning session could serve to carry the ordinance forward, but should also involve resolution of issues that have been brought up at prior sessions. Ms. Thomas said that the Board really values the volunteer system and she does not want to send a lack of trust message out by stating that after the meeting tonight an ordinance will be in the works. She agreed that moving towards an ordinance is a positive step, and perhaps setting a time frame of six months, by April 2009, to have one brought forward would be a better initial approach. She agrees there needs to be a better structure. Mr. Boyd said he thinks there has to be a mechanism set up for drafting the ordinance. He does not think it should just be developed by ACFRAB. An ordinance needs to be developed by a committee set up by Mr. Tucker or the Board with representatives from ACFRAB, County staff, the County Attorney, etc. Mr. Slutzky said that perhaps Chief Eggleston should set up the timeline as to when an ordinance could be crafted, with him bringing forward something that has support. Mr. Rooker commented that Albemarle should look at various structures from around the state, and should move forward with a timeframe. He thinks it would be helpful to set a time schedule by which it has a goal to achieve. He is not opposed to setting April 2009 as that date to accomplish the goal. He said they are not reinventing the wheel here; there are not a thousand options to look at. Mr. Rooker stated that it is important to develop inter-operability, recognized chain of command, and consistency in training of volunteers and employees, and the ordinance should lead to that. He added that sometimes the longer you put things off the worse they get, and not every decision is going to be popular with everybody. He suggested that staff define three or four structures that could be worked with, and recommend those to the chiefs, the Advisory Board and the Board. Mr. Slutzky suggested asking staff to report back to the Board in two months. Ms. Thomas said that no one has seen the Hanover and Stafford County codes. Ms. Mallek reiterated that having this on the agenda of next month’s ACFRAB meeting is the best way to start because the chiefs have indicated they have resources from other areas. Mr. Boyd stated that he is not ready to leave tonight without a vote that there is a commitment to establishing an ordinance for a fire and rescue structure. He thinks the details of the ordinance should be a collaborative effort, but if the Board does not establish the fact that it will do this, then it will languish around and not get done. Mr. Rooker said it is a question of the best way to go about the process. He thinks there needs to be some potential structures laid out to discuss when the meeting takes place. He does not think it should be a free forum discussion without structure. Mr. Boyd reiterated that he wants everyone to understand that this Board is going to move forward with establishing an ordinance which establishes a structure for fire and rescue, and the Board wants the departments to be part of that process. The Board wants their input, knowledge and experience to make it the best to serve this community. Mr. Slutzky added that there will be a clear chain of command and it will be understood how the continued operation of the volunteers will relate to the Fire Chief and to the Board of Supervisors. Mr. Rooker pointed out that there is no one on this Board that has fire and rescue expertise, and there must be some reliance on the professionals that are on staff. The Board has to have a reasonable structure for it to get feedback. The Board has to have a reasonable structure through which decisions are made. Mr. Tucker clarified that several Board members mentioned a six-month timeframe, but it would be helpful for the committee understand that there an existing timeframe in which they are working. Mr. Slutzky and Mr. Boyd agreed that two months would be a reasonable timeframe for an initial draft report. Ms. Thomas also suggested a six-month timeframe for a draft ordinance. Mr. Rooker agreed. Mr. Davis said he could pull together some sample ordinances. October 22, 2008 (Adjourned Meeting) (Page 10) Ms. Thomas thanked the attendees. Mr. Tucker clarified that an update would be provided in two month along with information from other localities. Chief Stephens commented that the fire departments want to be extremely involved in how this is designed and developed. Chief Dan Eggleston said this has been a very useful conversation tonight. To clarify, he heard that Mr. Davis will provide them with several different models that he will engage with the Advisory Board to get their input. This is not a continuation of their strategic planning process but a subgroup with staff working with the Advisory Board to look at the various models. Mr. Boyd said that is basically what they want done. __________________ Agenda Item No. 6. Adjourn. At 10:08 p.m., with no further business to come before the Board, motion was offered by Ms. Thomas, seconded by Mr. Dorrier, to adjourn to October 24, 2008 at 9:00 a.m. at the Department of Forestry. Roll was called and the motion carried by the following recorded vote: AYES: Mr. Rooker, Mr. Slutzky, Ms. Thomas, Mr. Boyd, Mr. Dorrier and Ms. Mallek. NAYS: None. ________________________________________ Chairman Approved by Board Date: 12/03/2008 Initials: EW J October 24, 2008 (Adjourned Meeting) (Page 1) An adjourned meeting of the Board of Supervisors of Albemarle County, Virginia, was held on October 24, 2008, beginning at 9:00 a.m., at the Virginia Department of Forestry Building, Fontaine Research Park, 900 Natural Resources Drive, Charlottesville, Virginia, for purposes of holding a Strategic Planning Retreat. The meeting was adjourned from October 22, 2008. PRESENT: Mr. Kenneth C. Boyd, Mr. Lindsay G. Dorrier, Jr., Mr. Dennis S. Rooker, Mr. David Slutzky, Ms. Sally H. Thomas and Ms. Ann Mallek. ABSENT: None. OFFICERS PRESENT: County Executive, Robert W. Tucker, Jr., Assistant County Executive, Thomas Foley, Assistant County Executive, Bryan Elliott, County Attorney, Larry W. Davis, Clerk, Ella W. Jordan, Senior Deputy Clerk, Meagan Hoy, Strategic Management Coordinator, Lori Allshouse and Community Relations Director, Lee Catlin. _______________ Welcome At 9:12 a.m., Mr. Boyd called the meeting to order and thanked everyone for their attendance. Mr. Boyd said before beginning the Strategic Planning Retreat, he thinks the Board needs to follow-up on its discussion from Wednesday on the direction the Board is heading with Fire and Rescue services. He thinks it is incumbent upon the Board to step up to the plate and set some defined definitions on how it wants to move forward with the Fire and Rescue structure. Board members have received a number of e-mails and there has been information put on the website with different methodologies for establishing a fire organization. He thought this Board was committed to a Fire Chief structure as opposed to a committee structure for Fire and Rescue services. He thinks this is a decision that is paramount that the Board of Supervisors make at the beginning and this Board needs to step up to the plate. If the Board does not make that decision there will be a lot of discussions over the next couple months on that single point, and there will be disagreements on which way to go. Mr. Rooker said there are a number of structures within a structure. For example, there can be a Fire Chief with a number of structures below it. The same applies to the committee structure. He agrees that it is a basic decision that needs to be made. Otherwise the Board will be sending people off to look at options that ultimately it would not consider. Mr. Slutzky agreed with Mr. Rooker. If there is agreement that the Board wants Dan Eggleston to be Fire Chief and in charge then it would be a useful signal to state that and keep people from going down a wasteful path. Ms. Mallek said she thinks all the plans that are being considered include a chief; it is how that position will function is the difference. She thinks that no decision should be made until all the options have been looked at. Mr. Slutzky commented that the Board has been looking at this for a long time. Mr. Boyd said this is a management decision of the Board. He thought the Board had already reached a consensus to have a Fire Chief structure and not a committee structure. He has a lot of knowledge about organizational structures and how they work, and how decisions are made. It is not going to change his mind to read any more about a committee structure. Ms. Mallek said how the volunteers are brought into the system and how they function is a lot different from a corporate structure. She does not understand why this diversion is necessary because no one said there would not be a Fire Chief. Mr. Dorrier said the Board of Supervisors are the ones that need to make the decision . Mr. Slutzky said he agrees with the Chairman that there needs to be clarity or direction given to the committee in terms of how they will be moving forward in the next couple of months. It is also important that part of the clarification is that if the Board is in agreement that we make it clear that our expected structure of governance consists of the Board of Supervisors, Fire Chief and then whatever organizational structure the committee agrees to collaboratively, and supported by this Board. Ms. Mallek said she does not understand why this discussion is going on today after what happened last night and especially when people were present to hear the discussion. Mr. Boyd said the discussion is occurring today because he can foresee that in the next c ouple of months there are going to be two separate groups on differing sides, and the volunteer firefighters are going to want a committee approach with the Fire Chief being a member of the committee, with no authority, and the committee making the decisions. He thinks this Board needs to make the decision before the battle lines are drawn too far. He is convinced that the type of structure will come back to the Board. Ms. Mallek said she thinks everyone went away hearing the Board direct the staff to work with the volunteers and that is all being negated now. Mr. Rooker said he does not agree with that. Ms. Thomas agreed that it is also being negated. Ms. Mallek said she thinks it would be a big mistake to countermine what occurred last night. There is a tremendous urgency on everyone’s side to make this function. Mr. Rooker said the Board has to be sensitive to the fact that you can create and exacerbate the situation by not making a decision. He agrees with the approach that was taken the other day. I n his opinion the Board hired a Fire Chief to be their representative to work with the volunteers. He is in charge below the Board. There is a multitude of processes that can be set up. He noticed in some of the e-mails that have been going around did not even copy Dan Eggleston. He thinks the point needs to be made that the Fire Chief is the Board’s representative that deals with the fire system. He is not talking about how the structure underneath that ultimately comes out. He does not want to end up with something with two months of people working to exclude the Fire Chief from important decisions regarding the fire system. In his opinion any organization needs a place where the buck stops. Mr. Dorrier said Ms. Mallek has a point. Communication and trust are an issue. Mr. Boyd expressed agreement but said this Board needs to provide leadership. He firmly believes the Fire Chief structure is the way to go. He does not think the Fire Chief should report to a committee and that is one structure that should be taken off the table. Ms. Thomas suggested the Board make a motion that states just in case it was not clear at this week’s meeting, that by hiring a Fire Chief several years ago and working within the Board of Supervisors’ support of a strong Fire Chief structure, the Board wants to work out a situation that respects and facilitates the volunteer fire and rescue system within a strong Fire Chief structure. Mr. Slutzky said he would add to that motion that the expected structure would include the volunteers working closely with the Chief who in turn reports to the Board and the Board expects the Chief to be its conduit. Ms. Mallek said the advisory boards for the two people who came to speak to the Board are involved in policy changes and both structures involve a Chief and policy. She added that that sort of clarity is a great step in the right direction. Ms. Thomas said she would not go any stronger with language than what she stated because this Board was just told by a room full of people that there is a lack of trust. She believes that Dan Eggleston did a great job at the end of the meeting by standing up and summarizing what he thought this Board did, and this Board agreed with him. She does not think this Board should be giving any further direction at this time. Mr. Boyd said he thinks we need a structured mechanism for coming up with this ordinance. He thinks the Board should establish a committee with equal representation from both groups including a representative of the Board of Supervisors and staff. That will allow input by everyone. He wants this to be a collaborative effort with direction and leadership from this Board. Ms. Mallek said she expected that Mr. Boyd and herself as liaisons would be involved in all the meetings. Mr. Rooker said he also supports Ms. Thomas recommended motion. Mr. Boyd said he and Ms. Mallek were involved in their strategic planning sessions and there were lines of allegiance drawn; one said there should be a committee that runs the Fire Department, with Dan Eggleston reporting to the committee, and the committee reporting to the Board of Supervisors. Again, he does not think that is an option he is willing to consider. There needs to be a strong Fire Chief that works collaboratively with the volunteers. Ms. Mallek commented that it was not fair to take individual comments made at a strategic planning session and say that it is a threat to our current organization. That was a discussion by people who finally had a chance to say what was on their minds. Mr. Slutzky said if it is not an option the Board will consider then it should be made clear now so that no one goes down that path. Mr. Rooker said it is clear that the consensus of the Board is to have a strong Fire Chief, and that he work collaboratively with the volunteers and the paid staff to create a system that functions with a strong emphasis on maintaining and improving the volunteers and professionalism of the entire operation. He does not know that the Board needs to make a motion or pass a resolution. He does think it is necessary to create a committee to move forward with this process and bring a recommendation back to the Board. Mr. Boyd suggested a committee of six: two Supervisors, two staff and two volunteers. Ms. Mallek and Mr. Rooker agreed. Mr. Tucker suggested he ask the Chairman and Vice-Chairman of the Albemarle County Fire and Rescue Advisory Committee (ACFRAC) to recommend two members to the committee. Mr. Eggleston said he understands the message from the Board, but he thinks it is important that it sets out clarifying responsibilities. He believes there needs to be written communication from this Board to the volunteer leaders. That is the clarity needed to move forward. Mr. Tucker reiterated that the message from today’s discussion needs to come from this Board. Motion was then offered by Ms. Thomas that just in case it was not clear at this week’s meeting, that by hiring a Fire Chief and working with him, the Board of Supervisors’ supports a strong Fire Chief structure, and wants to work out a structure that respects and facilitates the volunteer fire and rescue system. Further, the Board directs Mr. Tucker to form a committee consisting of two Board of Supervisors’ members, two members from ACFRAC, and two staff members, one consisting of Mr. Eggleston. Mr. Slutzky seconded the motion. Roll was then called and the motion carried by the following recorded vote: AYES: Mr. Rooker, Mr. Slutzky, Ms. Thomas, Mr. Boyd, Mr. Dorrier and Ms. Mallek. NAYS: None. Go to next attachment Return to exec summary Fire Rescue Ordinance Advisory Committee Meeting Summary Date: June 23, 2010 Attendees: Ken Boyd, Rodney Thomas, Chief Doug Smythers, Chief Dayton Haugh, Chief Kostas Alibertis, Bryan Elliott, Chief Dan Eggleston, Chief Doug Smythers, Annie Kim, Ambassador Nat Howell, Chief Tim Kersley, Chief Moore (East Rivanna), Chief George Stephens, Chief Mac McDonald, Ron White, and other volunteer chiefs. Summary of Meeting: 1. Ken opened by saying that he wanted to clarify that there had been some misunderstanding about the outcome of the ordinance last year: the ordinance was suspended, but not forever. The Board of Supervisors’ (BoS) f ocus was on revenue recovery. He had asked the BoS to allow the committee to reconvene to go over the ordinance again, rather than simply bringing it back without further comment. 2. Ken summarized the work of the committee last year: it held 8 meetings, generated 80 pages of notes, 5 drafts of the ordinance that were each presented to the ACFRAB twice – first time we got input, made tweaks, and then we went back a second time. The draft was finalized in April 2009. Ken had sent the draft Executive Summary (ES) for the BoS to everyone; that was tweaked as well, based on the volunteers’ input. 3. Bryan passed out the draft ES. Ken said he understood that there was concern about the ordinance and ACFRAB voted against it, but the BoS still believe it would be best to move forward. Based on growth and urbanization in the County, we’re a changing community, and we have needs that require us to come up with a system. The Board believes in that. 4. Ken discussed the draft ES: on page 2, we have over $9 million in operating costs. CIP has $20 million. These are significant amounts in these times and the BoS wants to make sure that we have a collaborative system to be good stewards of that money. a. Ken explained we know that the volunteers are concerned about the loss of autonomy. If you have concerns about the loss of autonomy, we need to know where that is. b. To explain how we started last year, we got off on the wrong foot by tal king about a strong fire chief model. We realized our error and went toward a fully collaborative system. Discipline would be done by individual stations, although there might be instances where we have needs for system level intervention. c. Appeal process: we went to great lengths to address concerns about the appeal process and put in timeframes so problems wouldn’t linger. We hope that the need for appeal to the BoS would be rare, but want that process there in case it’s needed. d. We looked at several different ordinances. We didn’t like Hanover or Stafford’s ordinances because they were not collaborative enough. Individual stations run their own stations. 2 e. There have been communication problems in the past; we think this ordinance will help with communications since it requires communications between the County and the volunteers. Right now Dan is not required to check with volunteers on major issues, although he should, but the ordinance would require that. Nobody here thinks we could survive in the County without volunteers; it would be disastrous. Volunteers are the lifeblood of the community, but we also need some structure. f. Ken said then that he’s open to any questions, thoughts, and ideas that volunteers want to bring forward. 5. Volunteers’ Concerns About Moving Forward with an Ordinance: a. Doug said that it was his understanding that at the time the ordinance got canceled there weren’t enough votes to pass the ordinance. He doesn’t know whether a straw poll was done or if that would even be legal. b. Ken said that was not discussed. Ken can’t say how the Board would vote on anything. No straw poll was done. c. Rodney said this was one of the first things he heard about as a new Board member; that it was still alive and the board’s charge was to move it along until the board would vote differently. The Board has voted to pursue this collaboratively. Volunteers will not lose identity; they will be independent stations. The chief will not be running individual stations. If anything, it might give the station chiefs a little more say so in the overall operations of the system and more authority in their own stations. d. Ken said that he would not be here if he did not have the consensus of the Board. e. Rodney said that there were still some loopholes that had to be closed. He’s glad that the committee is back together so we can work through this more. f. Alibertis said it sounds like this is just to tell us where things are going, not to work through more of this. g. Dayto said we’ve been through this all before. Nothing has changed since the vote of the advisory board. You can move forward with it if you have the votes. It won’t be a collaborative effort. h. Rodney said he doesn’t like the word “collaborative,” but he wants to work together. He asked the volunteers to explain what is wrong with the ordinance. i. Dayton said that the entire process is wrong. This isn’t the way you run a business by imposing a solution. He is tired of this process and cooking up minor problems. Businesses look at potential problems and then try to come up with solutions. j. Ken said that you have to have a business plan to implement and work on problems. k. Dayton said you have an advisory board that you don’t support. Someone said something about the Board using closed session discussions. l. Ken said that there were no closed sessions that we were not authorized to have. We’re here to hear from you. 3 m. Doug said that the fallacy in this is that the Board decided there would be an ordinance. His guess would be that staff came up with the idea of having an ordinance. We asked from the beginning what is the purpose of what we’re doing. We were charged with creating a strong fire chief ordinance; you shut off any inquiries into why. Today you said we need the best stewardship of dollars, to prepare for the future, and we need structure: then why didn’t we create an ordinance that went around them? n. Ken said I think I said those things from the very beginning. We don’t want to get down into the weeds. We need an ordinance and the Board feels there is a need. o. Annie said that the October 2008 work session before the ordinance was passed provides detailed minutes about the board members’ statements. p. Doug said that some of the data is outdated in the ES. 6. Comments on a Draft Executive Summary for the Ordinance: a. Dayton asked what would be the deadline for getting comments on the ES? b. Annie and Bryan replied how about mid-July if we are talking about an August meeting. Then the committee discussed Thursday, July 15th. c. Doug said that Hanover says now that they have about 500 volunteers. He’s going by their website. It may be that their volunteer number went down. Under the expected benefits section of the ES we speak to the decision to commit increased County funds. However, the spirit of the County taking over providing more operational funding was so that volunteers would spend more time training and providing service, rather than spending more time on fundraising. It’s inaccurate to say that because we give you money we can control you. d. Ken said we certainly didn’t intend it that way. 7. Rodney asked something of Dayton and he said that they have 2 administrative staff and about 200 something volunteers currently. 8. Ken asked if there were any other comments or questions? a. Alibertis said it’s disappointing that you’d go forward with something that no one from the advisory board agrees with. b. Rodney asked is there anything you’d want to change? c. Dayton said that he would need to look at the minutes. d. Ken said there were philosophical differences, such as wanting a committee to run the system as opposed to a fire chief. e. Alibertis asked are you confident that the Board now feels this way? f. Ken said that he can’t speak for his other Board members, but knows that they want to move forward with this ordinance. 4 g. Alibertis said he just wanted to know that it was the same ordinance. h. Ken said yes, this is the same ordinance and asked if there was any minor final tweaking that would be needed. i. Rodney said he would like to know specifically what is problematic with the ordinance. He just keeps hearing “I don’t like it.” j. Kersley said we have said it 400 times before. We have a system that we believe works. You all think it’s dysfunctional, but that doesn’t reflect what we are about to do tonight. Some months are better than others. We have a system in place that we try to make work that’s a collaborative effort. He keeps hearing “collaborative effort” but what he sees is a strong fire chief. Put teeth to ACFRAB and let it work. This is not listening to us. k. Ken asked can you show me where in the ordinance it says “strong fire chief” or no collaborative effort? l. Alibertis points to the “shall include but not be limited to…” in the fire chief section. m. Annie said that if that was the only section, the concern would be right, but there are many other provisions in the ordinance that limit the fire chief’s authority. 9. Further Comments from Volunteers About the Impact of an Ordinance: a. Dayton said that committees can sit down and help develop policies but there may be things outside of policy. Example: City/County consolidation; city fire contract. Is that something ACFRAB would be involved in reviewing? i. Rodney said that they invited volunteers – they were not available or [explained something else]. ii. Dayton said that he thinks that we still wouldn’t have input. iii. Rodney said that he doesn’t think the BoS will move toward consolidation. iv. Ken said that negotiations normally need to be done sensitively, with staff/attorneys, etc. v. Bryan said for the original City/County fire contract – Doug was there. vi. Doug said that Jay Swett, City reps, County Fire/EMS, Fred, Lannie, Karl, etc. were there. That was a good contract. vii. Ken said that he doesn’t think the ordinance changes how that type of matter would be handled now. b. Doug said that the whole ordinance was started without the knowledge of volunteers. The presentation at the work session – volunteers did not see that coming. If you create this ordinance, will it be more collaborative? i. Ken said that he sees it as requiring more input. ii. Doug said that you could codify the advisory board’s role without an ordinance. iii. Rodney said that the door is open for you now – we want comments back. c. Doug asked if the ordinance is passed, would it be legally binding on the BoS to include volunteers for input on matters. 5 i. Annie said she can’t say that would be the case when the question is stated so broadly, but that all the duties of the advisory board, the chief, and others would be binding on the BoS, staff and volunteers unless the BoS changed the ordinance. ii. Doug asked if someone violated the ordinance, would there be an action in a court of law, or would someone go to jail? 1. Annie said that no one is going to jail. d. Alibertis asked is the deadline for comments on the ordinance, too? i. Rodney said yes, we’re open to that. ii. Someone then asked about revenue recovery. 1. Bryan said that the Board would have to adopt a fire district. iii. Doug said something about motor vehicle accidents. e. Ron said that quite a few comments have been made on ordinance. People are saying that they have detailed comments more than just “we don’t like.” i. Ken said that the BoS wants this structure. ii. Ron asked you do understand the volunteers are opposed to this. f. George said that going back to history; the advisory board voted 10-1 or whatever; from that point on to bringing it onto the agenda, individually, many of the volunteer chiefs met with board representatives and explained their positions and why they didn’t support it. Over that course we received acknowledgments from Board members. As the numbers changed, for whatever reason, it was pulled from the agenda. The perception was that if we don’t have enough votes we’re not going to have it on the agenda. Then we had an election and with new members who haven’t been privy to that conversation. It seem s questionable. i. Ken said that individual conversations aren’t the same as discussions in public – that they can be misconstrued. I didn’t want to bring the ordinance back directly to the board. ii. Ron said that he is having a hard time understanding how you say you’re in favor of the volunteers if you want to move toward something that all the volunteers oppose. g. Alibertis asked what about contracts for each station? To provide individual service to the Board. This was discussed previously. i. Rodney asked would you use the ordinance for the contract? ii. Annie responded that we talked about this before; we think the Board disfavors it. Individual negotiation and individual terms for each station would not amount to a system. iii. Ron said that he remembers Ken saying something like that before. Ron said the BoS can have authority to stop them from serving, but can’t compel them to serve. iv. Alibertis said that Page County had this situation. h. Ron said that the ES says that there is no immediate budget impact. If volunteers pull out, that could lead to higher taxes. Ron said that if we think there’s something destructive to the organization and harmful to the City, we’d have to take actions. 6 i. Ken asked what is destructive to the organization? ii. Ron responded handing over control to a fire chief. You could say that a Fire/Rescue chief cannot force rescue squads to start billing, but does the ordinance allow him to do so? 1. Annie said that this ordinance does not allow that. 10. Nat said that as you approach this, if you determine to adopt an ordinance, why don’t you adopt it for a specific period of time and it would lapse if it doesn’t work? a. Annie said we discussed this before. This could be done legally if the Board wants it. b. Ken said that he would not want to invite disaster knowing that it has a suns et provision. c. Doug said that if this doesn’t work, you will have to deal with the problem anyway. d. Kostas said that no one is going to sabotage anything; there’s no personal gain here. e. Ken said he just wants to know what this ordinance does that doesn’t do what you want to do. f. Dayton said that it just rewards you for the fallacious step that you have taken to do this ordinance. 11. Annie recapped the two major things that didn’t make it into the ordinance. Otherwise, all other input from the volunteers was incorporated somehow or another. The first is the request for an impartial arbitration panel, which would be either at the first step of the appeal or at the end. We couldn’t do that as the first step because the County Executive needs to part of the process under the County Executive form of government we have, and we couldn’t do that as the last step because the Board needs to have the final authority. Also, there were thoughts that an outside panel wasn’t needed. The second piece was the “shall include, but not limited to” language that the advisory board wanted removed. This was language she proposed because under the draft section the committee had taken Dayton’s suggestion to put all the powers of th e fire chief under the categories of policy-making. There could be situations, though, when the chief might need to act in the best interests of the system, but that action wouldn’t be part of some existing policy. That loophole needed to be closed, even though probably 90% or more of the chief’s decisions would be based on policy. a. Dayton said we started out in the box that the County created; we gave our comments on the ordinance based on the charge we got to draft an ordinance, so it is not as if we were happy with the ordinance as drafted. b. Annie agreed that they started out within those confines. FAQ’s: Frequently Asked Questions on the Proposed Fire and Rescue Ordinance Why is the County passing an ordinance? An ordinance is a law enacted by a local governing body. Localities often pass ordinances in order to establish fire/rescue departments and combined systems and define the system’s governing structure. What’s the purpose of the ordinance? The ordinance will create a coordinated fire and rescue system with defined responsibilities for all members: career chief, volunteer chiefs, volunteer agencies, advisory board, executive committee and other advisory board committees. The system will ensure that all fire/rescue calls in the County receive consistent, predictable, high-quality responses by: Creating system-wide coordination, accountability and oversight; Collaboratively developing policies for the system; and Making the Fire and Rescue Chief accountable to the Board of Supervisors and its goals. The County is considering important issues in this ordinance. What opportunities have volunteers and staff had to consider these issues? Initial discussion on the need to create a coordinated system began in April 2007; efforts to define a coordinated system through volunteer/career joint strategic planning began in April 2008; and work on the ordinance began in October 2008. The ordinance committee included volunteer and career staff, met 8 times over 6 months, produced roughly 80 pages of detailed minutes, and created 5 drafts of the ordinance. How was the larger ACFRAB membership involved in the ordinance development process? Before working on the initial draft of the ordinance, the volunteer and County committee members presented to the full committee written statements of concerns they had collected from volunteer and career staff. The 12/1/08 statement provided by the volunteer chiefs, called “Albemarle County Volunteer Constituent Concerns,” contains six pages of concerns, all or most of which were addressed in the ordinance. See http://sites.google.com/site/albemarlevolunteers/ In addition, the committee updated the advisory board at three of its meetings (February, March and April, 2009), answered questions, and made changes based on board comments. How does this ordinance address the concern that the fire chief will have too much authority? Just as volunteer chiefs currently have the power to make good and bad decisions for their individual agencies, so will the chief of the coordinated system. And just as volunteer chiefs have the checks and balances of their constituents, peers, and respective boards, the Fire and Rescue Chief will have accountability to the County Executive’s Office and Board of Supervisors, and be restricted by the checks and balances written into the ordinance. What are some of those checks and balances built into the ordinance? The ordinance creates safeguards for volunteers by regulating the primary way in which the chief oversees the system—policymaking. Specifically, the ordinance: Limits the chief to making system-level policies that are “essential to the effective and equitable provision of high-quality, countywide fire and rescue services.” This prevents the chief from making trivial policies or selectively targeted policies (§6-104(1)(b)). Requires the chief to collaborate closely with the advisory board and executive committee to develop, review and revise policies (§§6-104(1)(b) & 6-109). Gives the advisory board the power to veto policies proposed by the chief (§6-109(d)); & Gives the advisory board an effective route of appeal to the County Executive and Board of Supervisors, which can reverse or modify the chief’s actions (§6-109(e), (f)). In a strong chief model, don’t the volunteers lose their ability to govern themselves? This ordinance does not create a true “strong chief” system. In addition, the ordinance keeps intact individual agency autonomy and self-management. Unlike the Hanover and Stafford ordinances, the proposed ordinance contains multiple sections that identify and support the agencies’ rights to self-govern (§§6-105, 106, 107, 108, 109). Each agency would function much like a school within a school division—each would have a strong principal, unique identity, and local rules and management, but still operate under the coordination of one superintendent. Does the fire chief have the authority to decide who can be a volunteer? No. Volunteer agencies will keep the authority to select, promote, manage, discipline and train volunteers. However, the advisory board, together with the fire rescue chief, would develop policies setting minimum standards for all system personnel. Such policies could not set unnecessarily high standards because all proposed policies must be essential to a high-quality system. Can this ordinance be amended after it is adopted if it doesn’t produce the desired results? Yes. Ordinances are brought forward and amended at almost every meeting of the Board of Supervisors. This ordinance also requires that at least once a year the ACFRAB submit a report to the Board about the health of the volunteer system. At anytime, moreover, a volunteer agency or community member may request that the Board review the ordinance. What’s wrong with the current system? Why make a change? Over the last several years and particularly during last year’s advisory board’s strategic planning process, both the volunteer and career members of the system have expressed concern about the lack of clarity and Board direction regarding their roles and responsibilities within the system. Without a clear governing structure, neither the advisory board nor the career chief has been able to develop system-wide policies, procedures, and standards that can be implemented effectively across all agencies. The fire and rescue system cannot evolve productively without a clear statement by the Board about its intent for how the system should be governed. Return to exec summary