10-18-1990 Regular Meeting~aor, 14 r~.::~:~
REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS
HELD THE EIGHTEENTH DAY OF OCTOBER IN THE YEAR NINETEEN HUNDRED
NINETY
PRESENT: Henry H. Bradby, Chairman
Joel C. Bradshaw, Vice Chairman
.Steve W. Edwards (Arrived at 7:10 P.M.j
Thomas L. Ross
Richard L. Turner
Also Attending: H. Woodrow Crook, Jr., County Attorney`
Myles E. Standish, County Administrator '
W. Douglas Caskey, Assistant County
Administrator/Community Development
Garey H. Mills, Assistant Clerk
The Chairman called. the meeting to order at 2:00 P.M. The
invocation was delivered by Reverend Duell as requested by
Supervisor Turner.
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Chairman Bradby called for a public hearing on the following:
The request of the. Smithfield Church of God to hold a
"Fall Festival" at the Smithfield-Plaza Shopping Center
which is located on Route 258 & 10 in Newport Magisterial
District; on Saturday, October 27, 1990 from 9:00 A.M..
until 3:00 P.M.
Reverend Duell of the Church of God appeared representing the
applicant and asked for the Board's favorable consideration..
Chairman Bradby called for citizens in favor.
No one appeared.
Chairman Bradby called for citizens in opposition.
No one appeared.
Supervisor Ross moved the Board approve the request of the
Smithfield. Church of God to hold a "Fall Festival" at the
Smithfield Plaza Shopping Center on Saturday, October 27, 199.0 from
9:00 A.M. to 3:00 P.M. The motion passed by unanimous vote (4-0)
of those members present. Supervisor Edwards was not present for
the vote.
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Chairman Bradby called for Citizens Comments.
Thomas Fenderson of the Newport District appeared stating he
was appearing on behalf of James Brown of the School Board who
could not be at the Board meeting due to a conflict in his
schedule. Mr. Fenderson presented a brief report on the public
school population estimates and stated that the County need only
to construct two schools rather than four.
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• Chairman Bradby called for the Community Development report.
W. Douglas Caskey, Assistant to the County
Administrator/Community Development presented the following
application. for the Board's approval:
The application of Michael S. Huffman for a Conditional
Use Permit to extend. mobile home approval for an
additional thirty-six (36~ months while residence is
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under construction, in Hardy Magisterial District.
Chairman Bradby called for citizens in favor.-
Michael S. .Huffman. appeared and asked for the Board's
approval.
Chairman Bradby called for citizens in opposition..
No one appeared.
Supervisor Turner moved the Board approve the request of
Michael S. Huffman to extend mobile home approval for an additional
two years. The motion passed by unanimous vote (5-0).
W. Douglas Caskey, Assistant to the County
Administrator/Community Development presented the following plat
for the. Board's approval:
Subdivision plat showing property. of Samuel H. Warren
being conveyed to David W. Epperley and Sheila B. -
Epperley, located on Route 621, between Route 627 and
Route i0, in Hardy Magisterial District.
Chairman Bradby called for citizens in favor.
No one appeared.
Chairman Bradby called for citizens. in opposition.
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No one appeared.
Supervisor Turner moved the Board approve the subdivision plat
of property of Samuel H. Warren being conveyed to David W. Epperley
and Sheila B. Epperley. The motion passed by unanimous vote (5-
0) .
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Supervisor Turner moved the Board amend the agenda to present
a resolution to .Mrs. James C. Sprigg,. Jr. The motion passed by
unanimous vote (5-0).
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A. L. Jones,. attorney, appeared stating he was present at the
request of Mrs. .James C. Sprigg, Jr. who .wanted to make a
presentation to the County in .honor of her late husband, James C.
Sprigg, Jr. Mr. Jones presented a cheek from Mrs. Sprigg to
Chairman Bradby for $50,000 for the stated purpose of expanding and
enhancing the Isle of Wight County Museum in memory of .James C.
Sprigg, Jr., deceased.
Chairman Bradby read the following resolutions
RESOLUTION ACCENTING A MOST GRACIOUS AND GENEROUS BEQUEST
FROM MRS. JAMES C. SPRIGG, JR.
FOR THE PURPOSE OF
EXPANDING AND ENHANCING THE ISLE OF WIGHT COUNTY MUSEUM ~
IN MEMORY OF MR.. JAMES C. SPRIGG, JR.
WHEREAS, Mrs. James C. Sprigg, Jr. has most graciously offered
a contribution of $100,000 to expand and `enhance the Isle of Wight
County Museum in .memory of Mr. James C. Sprigg, Jr.; and,
WHEREAS; this most generous-offer is gratefully acknowledged.
and received by Isle of Wight County on behalf of the Museum for
the purposes of enhancing the historical and cultural-aspects of
this community;:'and,
WHEREAS, Mrs. James C. Sprigg, Jr. .has requested such funds
be received in the amount of $50,000 during the 1990-91 fiscal year
and $50,000 during the 1991-92 fiscal year, with said funds
allocated equally between acquisition and improvements to the
Museum; and,
WHEREAS, the County of Isle of Wight can match said funds for
acquisition over the next several fiscal years as may be
appropriate.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors
of Isle of Wight County does gratefully accept the donation and
does hereby extend its most sincere appreciation to Mrs. James C.
Sprigg, Jr. on the occasion of her most generous contribution to
the community for the enhancement of this County's .historical,.
recreational and cultural opportunities..
Supervisor Turner moved the Board adopt said resolution. The
motion passed by unanimous vote (5-0).
Alan Nogiec, Director of Parks & Recreation, appeared stating
he wanted to extend his appreciation on behalf of the Parks
Recreational Facilities Authority to"Mrs. Sprigg for said gift..
County Administrator Standish stated that there would be a
resolution at the-next meeting to formally accept and appropriate
the donation.
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Chairman Bradby called for the County Attorney's report.
County Attorney Crook stated he had a revised Western
Tidewater Regional Jail Authority agreement and bylaws forwarded
to the County by the Western Tidewater Regional Jail Authority fore.
the Board's consideration. County Attorney Crook explained that
the bylaws are basically what was approved for the Western
Tidewater Regional Jail Board and the reason they needed to be.
approved again is because the Board is now an Authority.
Supervisor Edwards moved .the Board approve the following
agreement and revised bylaws for the Western Tidewater Regional
Jail Authority:
AGREEMENT
THIS. AGREEMENT, made and entered into this lst day. of
November, 1990, among the CITY OF SUFFOLK, VIRGINIA, the COUNTY OF
.ISLE OF WIGHT, VIRGINLA, and the CITY OF FRANKLIN, VIRGINIA,'
WITNESSETH:
WHEREAS, the Western Tidewater Regional Jail Authority,
.hereinafter. referred to as "Regional Authority", has been
established (pursuant to the Code of. Virginia, 1950, as amended)
among the Cities of Suffolk and Franklin and the County of Isle of
Wight, Virginia; and,
WHEREAS, the initial members of the Regional Authority have
been appointed by their respective appointing authorities; and,
NOW, THEF.EFORE, the parties covenant and agree to develop,
construct, operate and maintain the regional. jail known as the
Western Tidewater Regional Jail, and pursuant to this commitment,.
the parties mutually covenant and agree as follows:
A. AUTHORITY POWERS
The Regional Authority shall have the power to .provide and be
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responsible for the following:
(1) Development and formalization of plans .for
.construction of the Western Tidewater Regional
Jail., hereinafter referred to as "Jail".
(2)~ Development of a financial plan for the. funding
of the construction, operation and maintenance
of the.-Jail, including both local and .state
contributions.
(3) Development of rules, regulations, policies and
guidelines for the operation and maintenance
of the Jail, not inconsistent with standards
of the Board of Corrections of the Commonwealth
of Virginia, and the necessary funding
associated with such maintenance and operation.
(4) Acquisition of land. for the .Jail for ,ownership
by the~Authority.
(5) Provide for all necessary stock, equipment and
structures for the Jail within the budget
approved therefor by the Authority.
(6) Said Regional Authority shall submit annually
to the participating political subdivisions a
report showing its activities and a budget by
January. 31, of each year which shall include
all revenues, expenditures and employee
compensation schedules and other .similar data.
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(7) The Regional Authority. shall obtain insurance
adequate to ..protect the interests of the
Authority. This provision in no way
constitutes a waiver of any defense of
sovereign immunity which may be available in
the event of legal action against .the Regional
.Authority and jurisdictions.
(8) The Regional, Authority .shall. appoint such
officers and employees as it deems necessary
with salaries and benefits as determined by
the Regional Authority.
(9) 'Said Regional Authority shall consist of nine
(9) representatives and no more than nine (9)
alternates from the City of Suffolk, the County
of Isle of Wight and the City of Franklin, with
the governing body of each jurisdiction
appointing three (3) representatives and no
more than three (3) alternates, to serve at the
will of the governing body, with each
representative or alternate having one vote on
said Authority. Alternates shall only vote at
Authority meetings when a representative from
that jurisdiction is unable to be present.
(10) The Board of Supervisors of Southampton County
shall appoint not more than three (3) nonvoting
ex officio members to attend the Regional
Authority meetings as requested by the parties
.hereto.
B. CONSTRUCTION
-The. Regional Authority shall be authorized to act as
collective agent for the aforesaid jurisdictions in proceeding with
the construction of the Jail in accordance with the design and
plans as formally approved by the Regional Authority.
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C. DISTRIBUTION OF COST
1. The cost of construe ion of the Sail, including, but not
limited to, the planning, design and all preliminary expenses of
construction, shall be financed by the Authority, or divided among
the. aforesaid. jurisdictions as follows:
The City of Suffolk's cost shall be fifty-nine and three-
tenths percent (59.30 ;
The County of Isle of Wight's cost shall be thirty-three
and nine-.tenths percent (33.9~j;
The City of Franklin's cost shall be six and eight-
tenths percent (6.8~).
Each city and county, if requested by the Authority, shall
independently provide. their pro-rata share of the funds for the
construction cost of the Jail.
2. The City of Suffolk shall convey twenty (20) acres of the
146.564 acres of property it owns off Route 10 at Ele.phant's Fork
in Suffolk, Virginia, with necessary easements, as-the jail site.
This property shall be titled in the name of the Authority. The
City of Suffolk shall convey the new portion of the existing
Suffolk City Jail to the Western Tidewater Regional Jail Authority
within thirty (30} days after the Western Tidewater Regional Jail
is in operation.
3. The City of Suffolk and the County of Isle of Wight shall
be entitled to their preliminary jail construction costs incurred
prior to-the effective date of this agreement.
D. OPERATION AND MAINTENANCE
1. The total net cost of operation and maintenance for ~ a
given period shall be that sum in excess of revenue from sources
other than. the parties hereto.
2. The total net cost of operation and maintenance shall be
borne ratably by the parties. hereto on a prisoner day basis,
meaning that the cost -each party will bear will be in the
proportion that the aggregate number of days spent in the Regional
Jail by persons committed from each jurisdiction bears to the total
aggregate number of days spent. in the Regional Jail by all persons
confined therein.
3. The three jurisdictions will advance to the .Regional
Authority funds based on the percentages stated in Paragraph C(1)
above, for a period of at least three (3) months in order to
initiate the construction, operation and maintenance of the
Regional Jail.
E. REVENUE FROM .OTHER JURISDICTIONS
1. Within the limits allowed by law, the Regional Authority
will establish a schedule of charges per diem or for other period
for the care, maintenance and subsistence of persons confined in
the Regional Jail for ,jurisdictions other than the parties hereto;
meaning. thereby that such schedule of charges shall not apply to
persons confined in the Regional Jail for the State of Virginia
from the. jurisdictions hereto or .for any party hereto. ~In
establishing the schedule of charges, the Regional Authority will
take into consideration the per diem variable-costs and fair and
reasonable proportion of .the fixed a.nd capital costs.
2. All revenues shall be due and payable by the last day of
the month .next following the month in which the obligation was
incurred; provided, however, that this provision shall not apply
in instances where the State law prescribes some other due date.
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F. ADMINISTRATION
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1. That, upon the approval of the Board of Corrections and
Compensation Board, the Regional Authority shall appoint a
superintendent for said regional jail pursuant to Section 53.1-
95.7 et seq. of-the Code of Virginia, as amended, who shall have
the supervision, control and authority over the prisoners and
.employees therein.
2. The Superintendent shall be the administrative officer
for -the Regional Jail and shall be directly responsible to the
Regional Authority. He shall serve at the pleasure of the
Authority. He will comply .with all. State regulations and
requirements and he shall employ, on behalf of the Regional
Authority, such persons as may. be necessary, from time to time, and..
shall purchase or contract for the furnishing of, all foodstuffs
and other provisions used in the .preparation of foods and the
feeding of inmates and such clothing and medicines as may be
necessary, and such supplies as are necessary for the proper
operation of the Regional Jail and such other things as may be
required by law or the joint order of the parties hereto, which
shall be purchased or contracted pursuant to the Virginia Public
Procurement Act, as amended.
3. The City of Franklin, Virginia, is .hereby appointed
fiscal agent for the Regional Jail to serve at the .will of the
Regional Authority, and all records of accounts and all revenues
and disbursements shall be maintained in a separate account known.
as the Jail Fund. This provision shall not be construed to in any
way alter, amend or conflict with the requirements as are now. or
hereafter prescribed. by the Code of Virginia, 1950, as amended, in.
connection with record-keeping and reporting by the Superintendent.
.All books of account and records in connection therewith shall at
all times within business hours be available. to inspection by any
party hereto.
4. All revenue owing hereunder by law shall be in the
custody of the fiscal agent. The fiscal agent shall be responsible
for depositing all funds .received for the Regional Jail and shall
issue all checks for disbursements on vouchers of the
administrative officer. The fiscal agent shall keep proper records
of .all funds received, deposited and disbursed, which records
shall, at all times during business hours, be available for
inspection by any party hereto.
5. The accounts and records pertaining to the operation and
maintenance of the Regional Jail will be audited by an independent
auditor appoi-need by the Authority. The cost of the audit shall
be deemed a fixed cost.
6. Not less than thirty days prior to the beginning of each
quarter, the superintendent or fiscal agent shall prepare an
estimate .of the fixed and variable .costs for construction,
operation and maintenance of the Regional Jail for that quarter. and
forward same to each of the parties. -The proportionate share of
each of the parties of the cost shall be paid to the fiscal agent.
on or before the first day of the quarter. Any such funds not
expended for the construction, operation and maintenance of the
Jail during that quarter. shall be applied. for construction or
operation of the Jail for the succeeding quarter.. Within thirty
days after the effective date of this agreement, the fiscal agent
shall prepare and submit to each party a statement for all costs
payable during the period preceding the effective date of this
agreement and his estimate of the cost for construction, operation
and maintenance of the Jail for the remainder of the initial
quarter. Each party shall ..pay its proportionate share of the
statement within thirty days of receipt of the statement.
7. .For the .services .performed as fiscal agent for the
Regional Jail, the fiscal agent shall be paid a fee set. by the
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Regional Authority to be drawn from the Jail Fund and deemed a
fixed cost. The fiscal agent shall be bonded for the faithful
performance of its duties in an amount set. by the Regional
Authority. The premium of the bond shall be deemed a fixed cost..
G. WITHDRAWAL
1. In consideration of the significant commitment being made
by each of the parties hereto, and further in consideration of the
reliance each party has upon the others as participants in this
joint venture, and in recognition of the fact that the withdrawal
of even one party prior or the final construction of the Jail and.
final payment for such construction shall cause irreparable
financial hardship upon the remaining. parties, now therefore, it
is agreed that no party to this agreement may withdraw from this
agreement, except by unanimous vote of all memYaers of the
Authority.
2. Any withdrawing party. hereby agrees to execute any
documents necessary to release and relinquish all rights, title and
interests in the Regional Jail upon request of the remaining
parties.. The withdrawing party shall not be liable or responsible
for any costs of operation or maintenance or for any claims of
whatever nature accruing after the effective date of withdrawal.
H, ADDITIONAL PARTIES
Southampton County, Virginia, shall be allowed to later join
the membership of this venture.
In the event. Southampton County, Virginia, shall later join
the membership of this venture, then such new member must pay the
other members as compensation and reimbursement its proportionate
share of the initial costs to the parties hereto and any later
costs for planning, design, construction and other capital outlay
and purchase of tangible personal property, plus an additional sum
as represented and determined by the inflation factor based upon
the Consumer Price Index.
I. OTHER PROVISIONS
1. Qualified employees of any of the parties hereto, their
Constitutional. Officers, or any employees of their constitutional
officers shall be given preferred consideration for employment at
the Western Tidewater Regional Jail in categories with a rate of
pay and benefits equivalent to their present categories, rate of
pay. and benefits... The determination of employment of such
employees shall be made by the Superintendent of the Regional Jail.
Wages for employees accepting employment by the Regional Jail shall
be determined by .the Regional Jail Authority and the fringe
benefits for such employees shall be the same as those enjoyed. by
new employees of the Regional Jail.
2. This contract shall be subject to all laws of the State
of Virginia in such cases made and provided. If any provision of
.this contract is found to be in conflict with -any present or
subsequently enacted State law, such provision in this contract
shall be deemed amended to conform to such law, and upon request
of any party, a memorandum indicating the amendment shall be
executed by all parties and affixed to and made a part of this
contract.
3. The Regional Authority shall adopt. a set of by-laws which
are consistent with law.
4. .Excluding prisoners from Southampton County, Virginia,
which may later join the membership of this venture, no more than
seven hundred (7.00) prisoners will be permitted to be incarcerated R
in the regional jail at any one time without the prior written .
approval of all the parties hereto.
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5. The Commonwealth of Virginia shall be required to remove
prisoners from the regional jail sentenced to confinement in-the
State Penitentiary System, in the same manner as said prisoners are
presently removed from city jails of the Commonwealth of Virginia.
BYLAWS
WESTERN TIDEWATER`REGIONAL JAIL AUTHORITY
Article I - Authority
Section 1. Agreement
The Western Tidewater .Regional Jail Authority was
organized and. exists pursuant to an Agreement dated
November 1, 1990, by and between the C-hies of Suffolk
and Franklin, and the County of Isle of Wight, which are
in the State of Virginia, which Agreement implements
Article 3.1, of Chapter 3, of Title 53.1 of the Code of
.Virginia.
Article II - Definitions
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Section 1. Terms
Terms used in these Bylaws shall be defined as follows.
(a) "Agreement. means the Regional Jail Agreement dated
November 1, 1990, by and between the governmental
subdivisions set forth above, as the same, may from time
to time be amended.
(b) "Participating Jurisdiction" means any of the
governmental subdivisions being parties to the Agreement..
(c) "Regional Authority" means the Western Tidewater Regional
Jail Authority.
{d) "Circuit" means all that area lying within the
geographical boundaries of the Fifth Judicial Circuit,
as designated by the Commonwealth of Virginia.
(e) "Year" means, unless otherwise noted, a one year period
beginning July 1, and ending the following June 30, and
the fiscal year of the Regional Authority shall be such.
year.
Article III - Powers
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Section 1. Powers And Duties
The Regional Authority shall have all. of the rights, powers
and duties, and be subject to the limitations and restrictions, set
forth in the Agreement and in Article 3.1, of Chapter 3, of Title
53.1 of the Code of Virginia-and any Acts amendatory thereof.
Article IV - Membership
Section 1. Authority Members
Members of the Regional Authority shall be appointed by the
participating jurisdictions to serve at will. At least one member
of the Authority from each jurisdiction shall be an elected
official of that jurisdiction. Members may serve consecutive
terms.- Members of the Regional Authority shall be entitled to
.necessary expenses and an allowance for their activities on behalf
of the Authority.
Section 2. Alternate Members
Alternate members of the Regional Authority shall be appointed
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by the participating jurisdictions to serve at will, and shal l
attend meetings and vote only at such .times as .the regular
Authority members are"unable to be present..
Article V - Meetings.
Section 1. Regular Meetings
Regular monthly meetings of the Regional Authority shall be
held at such time, date and place as established by the Regional
Authority. The Regional Authority may adjourn any meeting from
time to time or to another place. The July meeting of each year
shall be the annual meeting of the Regional Authority.
Section 2. Special Meetings
Special meetings may be called by the Chairman at his
discretion or by any two (2) members of the Regional Authority upon.
forty-eight (48) hours notice to all members in writing of the
time, place and purpose of the special meeting. Only matters
listed in the notice may be considered and/or acted upon at Special
Meetings. The Secretary shall notify the public by notice in at
least one local newspaper at least twenty-four (24) hours in
advance of such special meeting.
Section 3. Quorum
Two-thirds (2/3) of the Regional Authority shall constitute
a quorum.
Section 4. Voting
Each member of the Regional Authority, except ex officio
members, shall be entitled to one (1) vote on matters before the
Regional Authority. All actions of the Regional Authority may be
taken by a majority vote of all members present and voting. No
vote by any members of the Regional Authority shall constitute or
be construed as an official. or unofficial commitment of the
participating jurisdiction represented by such member.
Section 5. Agendas
Agendas .for Regular Meetings shall be prepared and mailed to
all members at least five (5) days prior to the meetings. Agendas
for Special Meetings shall be prepared and mailed to all members
at least forty-eight (48) hours prior to the meetings.
Article VI -Officers and Duties
Section 1. Officers
The Officers of the Regional Authority shall consist of a
Chairman, a Vice-Chairman, and a Secretary, and such subordinate
officers as may from time to time be elected or appointed by .the
Regional Authority.
Section 2. Terms. of Office
All officers shall be elected at the annual meeting of the
Regional Authority to serve for a term of one (i) year, unless
sooner removed by the Authority or their respective jurisdiction,
or until his or her successor be elected and qualified. No member
of the Regional Authority shall hold the .same office more than two
(2) full terms consecutively. Any vacancy occurring in an office
shall be filled for the unexpired term by the Regional Authority
at the next regular monthly meeting following the occurrence of
such vacancy or at a special meeting called for the purpose. Any
member who serves a partial term shall not be considered as serving
a full term. If the vacancy occurs in the office .of the Secretary,.
an acting officer shall'be appointed by the Chairman pending such
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election.
Section 3. Election
The Authority shall, at the regular monthly meeting preceding
the annual meeting, appoint a Nominating Committee, consisting of
one member from-each participating jurisdiction. The Nominating..
Committee shall, at the following meeting, submit the name or names.
of one or more persons for each office to be filled. Further
nominations may be made by any member at the meeting at which the
election is held. Election of officers shall be by voice vote,
unless changed by majority vote. of those present.
Section 4. Chairman
The .Chairman shall preside at all :meetings of the Regional
Authority at which he is present, and shall vote as any other
member. He shall be responsible for the implementation of the
policies.. established and the actions taken by the .Regional
Authority; shall have all of the powers and duties customarily
pertaining to the office of Chairman of the Regional Authority; and
shall perform such further duties as may be assigned to him by the
Regional Authority.
Section 5. vice-Chairman
The Vice-Chairman shall, in the event of the death or absence
of the Chairman, or his inability to perform any of the duties of
his office or to exercise any of his powers, perform such duties
and possess such powers as are conferred .upon the Chairman, and
shall perform such other duties as-may from time to time be
assigned to him by the Chairman or by the Regional Authority.
Section 6. Secretary
The Secretary shall give to the members notice of all regular
.and special meetings of the Regional Authority, and should attend
all .such meetings and keep a record of their ,proceedings, which
shall be a public record, and copies of which shall be mailed with
the notice of the. next succeeding regular meeting of the Regional
Authority. In general, he shall perform all of the duties incident
to the office of the Secretary and such other duties as may from
time to time be assigned to him by the Chairman or by the Regional
Authority. The Secretary may, with the permission of the Regiona l
Authority, delegate certain of his duties and responsibilities to
the. staff of the Regional Authority.
Article VII - Committees
Section 1. Committees
The Regional Authority may establish such special and standing
committees, advisory, technical or otherwise, as it shall deem
desirable for the transaction of its affairs.
Article VIII - Administration
Section 1. Staff
The Regional Authority shall employ a Staff of qualified
professional and other persons, pay to them such compensation as
it shall deem necessary and advisable to carry out its duties and
implement its projects, programs and other functions..
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Section 2. Superintendent.
The Chief executive officer of the Staff shall be the Western
Tidewater. Regional Jail Superintendent, who shall have direct
supervision of all the other employees of the Western Tidewater
Regional Jail, except the Fiscal Agent and Attorney, and direct
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control,: subject to the authority of the Regional Authority, of the
management of'the affairs of the Western Tidewater Regional Jail.
Section 3. Duties of Superintendent
The Superintendent shall have duties as provided by Article
3.1, of Chapter 3, of Title 53.1 of the Code of Virginia, and such
other duties as established by the Regional Authority.
Section 4. Execution of Instruments
The Superintendent, upon specific authorization by the
Regional Authority, shall have power to sign in its behalf any
agreement or other instrument to be executed by the Regional
Authority. Unless otherwise provided, he shall sign or countersign
checks and vouchers in .payment of obligations of the Regional
Authority.
Article IX - Finances
Section 1. Duties of Fiscal Agent
The Fiscal Agent, as defined in the Agreement, shall act .as
disbursing officer, and shall be responsible for the payment of all
bills or of all warrants or requisitions, after payment thereof is
authorized by the Regional Authority. He shall be responsible for
..keeping a record of all monies paid out and received, and of
receipts or vouchers to cover each expenditure.
Section 2. Finances And Payments
The monies of the Regional Authority shall be deposited in
such bank as the Regional Authority shall designate, and all
payments (with the exception of those from petty cash) shall, so
far as practicable, be made by checks. Checks and drafts shall be
signed in the name of the Regional Authority by the Fiscal Agent,
when authorized by the Regional Authority.
Section 3. Audits
The Regional Authority, at least once a year, shall cause an
audit to be made by an independent certified public accountant of
the general funds of the Regional Authority and any special project
funds wtrich are not audited. by the Federal or State government or
by other. independent accountants.
Section 4. Bonds
The Regional Authority shall cause fidelity bonds to be issued
covering each of its employees who receive or disburse its funds
in amounts deemed by it to be adequate.
Article X. Attorney
Section 1. Duties of Attorney
The. Western Tidewater Regional Jail Authority attorney shall
be the chief legal advisor of the Regional Authority, Fiscal Agent
and Superintendent in all matters affecting the Western Tidewater
Regional Jail, and shall serve at the pleasure of the Authority.
The Western Tidewater Regional Jail Attorney shall represent the
Regional Authority in all civil proceedings, and shall institute..
and defend :all legal proceedings which he shall deem necessary and
proper to protect the interests of the Western Tidewater Regional
Authority.
Article XI - Regional Authority Seal
Section i. Seal
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The Seal of the Regional-Authority shall be an impression in
the form of a circle and shall contain the words "Western Tidewater
Regional Jail Authority" around the outer circumference, and a map
of the Circuit in the. center.
Article XI - Amendments
Section 1. Amendment
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Any proposed amendment, repeal or alteration, in whole or in
part, of these Bylaws shall be presented in writing and read for
a first time at a regular meeting of the Regional Authority. Such
proposal may be considered and amended at such meeting, but shall
not be acted upon by the Regional Authority until a subsequent
regular meeting or a special meeting called for the purpose. At
such subsequent meeting such proposal shall be read a second time,
shall be subject to further consideration and amendment germane to
the section or sections affected by such proposal, and shall
thereafter be acted upon.
Article XII - Procedures
Section 1. Parliamentary Procedure
In all matters of parliamentary procedure not specifically
governed by these Bylaws, Robert's Rules of Order shall .obtain.
The motion passed by unanimous vote (5-O).
1
County Attorney Grook stated that under the .original
agreement, the site for the jail was to be deeded to the three
jurisdictions; the City. of. Suffolk, County of Isle of Wight. and the
City of Franklin, which has been completed. County Attorney Crook
continued that the Western Tidewater Regional Jail Authority is now
requesting the three jurisdictions to convey the property to the
Western Tidewater Regional Jail Authority. County Attorney Crook
stated the deed has been prepared and sent- to him, which he
reviewed,-and now recommends that the Board approve the. conveyance
of the property to the Western Tidewater Regional Jail Authority.
Supervisor Turner moved the Board approve the deed and
authorize Chairman Bradby sign it on .behalf of the County. The
motion passed by unanimous vote (5-0).
County Attorney Crook stated at the last meeting he was
directed to prepare an amendment to the Business License Tax.
Ordinance to make the taxes more uniform and equitable. County
Attorney Crook commented that he had met with the Commissioner of
Revenue who suggested that hauling contractors be taken out of
"Other" and put under "Contractors". County .Attorney Croo"c
continued he would .like authorization to publish the amendment t~~
the Ordinance for a public hearing.
Supervisor Turner moved the Board authorize County Attorney
Crook. advertise the ordinance for a public hearing. The motion.
passed (4-0-1) with Supervisor Edwards abstaining.
County Administrator Standish recommended that when the Board
considers the Ordinance they not make it effective in the middle
of the current fiscal year.
County Attorney Crook stated he may need to request an
Executive Session later in the meeting.
//
Chairman Bradby called for the County. Administrator's report.
Supervisor Turner moved. the Board adopt the following
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resolution:
RESOLUTION TO APPROPRIATE FIVE HUNDRED SIX THOUSAND THREE HUNDRED
DOLLARS FROM THE COMMONWEALTH OF VIRGINIA FOR THE CHAPTER I PROGRAM
WHEREAS, the School Board of the County of Isle of Wight has
received a grant for the Chapter I Program;. and
WHEREAS, the funds in the amount of five hundred six thousand
three hundred dollars ($506,300) need to be appropriated to the
School grant fund in the 1990-91 budget of the County of Isle of
Wight, .Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of .the County of Isle. of Wight, Virginia that five
hundred six thousand three hundred dollars ($506,300) be
appropriated to line item Chapter I Program in the 1990-91 budget
of the County of Isle of Wight, Virginia.
BE IT ,FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized to make the
appropriate accounting adjustments in the budget and to do all the
things necessary to give this resolution effect.
The motion to adopt said resolution passed by unanimous vote
(5-0).
Chairman Bradby moved the -Board adopt the following
resolution:
RESOLUTION TO APPROPRIATE ONE THOUSAND FIVE HUNDRED DOLLARS FROM
THE FEDERAL GOVERNMENT FOR THE NUTRITION EDUCATION & TRAINING
PROGRAM
WHEREAS, the School Board of the County of Isle of Wight has
received a grant for the Nutrition Education & Training. Program;
and,
WHEREAS, the funds in the amount of one thousand Five hundred
dollars ($1,500) need to be appropriated to the School grant fund
in the 1990-91 budget of the County of Isle of Wight, Virginia.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Board
of Supervisors of the County of Isle of Wight, Virginia that one
thousand five hundred dollars ($1,500) be appropriated to line item
Nutrition Education & Training Program in the 1990-91 budget of the
County of Isle of Wight, Virginia.
BE IT FURTHER RESOLVED that the County Administrator of the
County of Isle of Wight, Virginia is authorized. to .make the
appropriate accounting adjustments in the budget and to do all the
things necessary to give this resolution effect.
-The motion to adopt said resolution passed by unanimous vote
(5-O) .
County Administrator Standish stated enclosed in the agenda
was a brief report on the activities of the Equalization Board from
the Commissioner of Revenue and recommended the Board allocate
$5,000 to cover costs...
Supervisor Bradshaw moved the Board allocate~$5,000 to cover
costs for. the Equalization Board of which $2,500 is already
appropriated and $2,.500 will be allocated via a transfer. The
motion passed by unanimous vote (5-0).
Supervisor Ross moved the Board -adopt the following
resolution:
RESOLUTION ESTABLISHING OCTOBER
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AS DOMESTIC VIOLENCE AWARENESS MONTH
WHEREAS, many women are victims of domestic violence each year
and Isle of Wight County is committed to the right of freedom from.
fear in ones own home; and,
WHEREAS, the problems of domestic violence are not confined
to any group or groups of people, but cross all economic, racial
and soeial barriers; and,.
WHEREAS, in the quest to impose .sanctions on those who break
the law by perpetrating violence, there are also the needs of
battered women and their children who often suffer financial,
physical, and psychological lasses; and,
WHEREAS, the crime of domestic violence violates• an '
individual's privacy, dignity, and security,. often leaving an
imprint of fear and hostility; and,
WHEREAS, the impact of domestic violence is wide ranging,
affecting society as a whole.
NOW, .THEREFORE, BE IT RESOLVED, that the Board of Supervisors
of Isle of Wight County does hereby establish the month of October,
1990 as Domestic Violence Awareness Month and urges all citizens
to actively. participate in the .scheduled activities and programs
sponsored by the Genitive Shelter to work toward the elimination of
violence against women.
The motion to adopt said resolution passed by unanimous vote
(5--0) .
Helen Wylie, Coordinator for the Genitive Shelter appeared and
thanked the Board for acknowledging domestic violence in Isle of
Wight County.
County Administrator Standish recommended that the Board add
to the legislative portfolio the request that the General Assembly
amend Sections 53.1-95.4 and 59.1-106 to add appropriate sections
to the State Code.
Supervisor Turner moved the Board amend the legislative
portfolio being sent to the General Assembly to include Sections
53.1-95.4 and 53.1-106 which would add appropriate sections to the
State Code which .would. allow appointments of governing bodies'
members to Regional .Jail Authorities. The motion passed by
unanimous vote (5-0).
County Administrator Standish handed out a proposal regarding
training for the computer system for the Treasurer's office and
recommended the Board approve the proposal at.a cost not to exceed
$3,655 for training with funds from the contingency account.
Supervisor Turner. moved the Board approve the proposal at a
cost. not. to exceed $3,655 for. training with funds from the
contingency account on the .computer system in the Treasurer's
office. The motion passed by unanimous vote (5-0j.
County Administrator Standish. stated that at the last meeting
the Board set November 1, 1990 as a public hearing date for the
Comprehensive Land Use. Plan. County Administrator Standish
continued that the consultant has a conflict with that .date .and
recommended that the Board consider rescheduling setting the public
hearing date for the November 15, 1990 meeting. i
Supervisor Ross moved the Board approve setting the public
hearing date for the Comprehensive Land Use. Plan for November 15,
1990.. The motion passed by unanimous vote (5-0).
County Administrator Standish distributed material prepared
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by the Regional Economist on the state of the local economy, It
was noted that the economy is in a recession, with most of the
indicators showing a down turn for about the next two years. Th.e
County Administrator noted it will be important to-watch the
economy and local revenues and expenditures closely, and that the
Board may consider future deferrals on capital projects, freezing
of vacant positions and the potential reduction of services in
future budgets.
County Administrator Standish asked for the Board°s favorable
consideration to initiate a rezoning for the Poor House Farm
property owned by the County.
Supervisor Turner moved the Board comply with the request of
County Administrator Standish to initiate a rezoning for the Poor
House Farm property. The motion passed by unanimous vote (5-0).
//
Chairman Bradby. called for New Business.
Supervisor Turner asked for the status on the underground
utilities hookup amendments to the Zoning and Subdivision
Ordinances.
County Attorney Crook replied that the matter was being
advertised for a public hearing on November. 13, 1990 for the
Planning Commission.
Supervisor Turner suggested that citizens who needed utility
hookups now go before the Board of Zoning Appeals.
//
Chairman Bradby called for Old Business..
Supervisor Edwards stated that he had heard. from citizens that
the utility companies were charging an additional tax for
additional meters at residences which seemed to be prohibited by
the. Utility Tax Ordinance and he requested County Attorney Crook
review the Ordinance and give his opinion concerning the situation
at the November 1, 1990 meeting of the Board.
Supervisor Bradshaw stated that the Windsor District needed
a representative for the Electoral Board appointment and requested
County Attorney Crook to talk with the Judge.
County Attorney Crook replied that representation on the
Electoral Board was. by political parties and not geographic
.representation of the County. He stated that the vacancy on the
Electoral Board was due to the death of Melvin Powell, the
Republican Party representative. He further stated that the Board
of Supervisors had recommended to the Circuit Court Judges
appointment of a Republican from the Carrsville Election District;
however,. the Republican Party of Isle of Wight County may have
recommended someone else to the Judges and under the statutes
consideration of the nominee of the Republican Party would take
preference over a recommended nominee of the Board of Supervisors.
He stated further that he would check to see who was appointed and
whether the person .appointed .was the nominee of the Republican
Party.
//
Chairman Bradby called for Appointments.
Supervisor Edwards moved the Board-accept the resignation of
Fred Thompson and appoint David Joyner to fill his unexpired term
on the Planning Commission. The motion carried by unanimous vote
(5-0).
i
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Chairman Bradby called for approval of the September 20, 1990
minutes.
On recommendation of County Attorney Crook, Supervisor Turner
.moved the Board approve the September 20, 1990 minutes of the Board
of Supervisors. The motion passed by unanimous vote (5-0).
//
At 8:05 P.M., Supervisor Ross moved the Hoard adjourn. .The
motion passed by unanimous vote (5-0).
my . radby, Chairm n
Myles E Standish,. Clerk
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