Loading...
09-21-1989 Regular Meeting9a~~ 14 ;h4.4?8 REGULAR MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD THE TWENTY FIRST DAY OF SEPTEMBER IN THE YEAR NINETEEN HUNDRED EIGHTY NINE PRESENT: Henry H. Bradby, Chairman Joel C. Bradshaw, Jr., Vice Chairman Steven W. Edwards (arrived 7:01 P.M.) 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 Kenneth L. Chandler, Assistant to the County Administrator Charles W. Phelps, Sheriff David J. Murphy, Public Utilities Director Betty Scott, Assistant Clerk Chairman Bradby called the meeting to order at 6:50 P.M. The invocation was delivered by Supervisor Turner. // The Chairman called for a public hearing on the following ordinances: a. An Ordinance To Amend The Isle of Wight County Code, Chapter 11, Motor Vehicles and Traffic, To Increase The License Tax Fees For Motor Vehicles No one appeared in favor or in apposition. On motion of Supervisor Bradshaw, the Board members present unanimously (4-O) approved the following "Ordinance To Amend The Isle of Wight County Code, Chapter 11, Motor Vehicles and Traffic, To Increase The License Tax Fees For Motor Vehicles". Supervisor Edwards was absent when the vote was taken. AN ORDINANCE TO AMEND THE ISLE OF WIGHT COUNTY CODE, CHAPTER 11, MOTOR VEHICLES AND TRAFFIC, TO INCREASE THE LICENSE TAX FEES FOR MOTOR VEHICLES BE IT AND IT IS Supervisors of Isle Isle of Wight County and Traffic, Article Section 11-6, Amount follows: HEREBY ORDAINED by the Board of ~f Wight County, Virginia, that the Code, Chapter 11, Motor Vehicles II, Motor Vehicle Licenses, of Tax, be amended to read as Sec. it-6. Amount of tax -- Generally. A license tax of eighteen dollars for each license tax year, as hereinafter provided for, is hereby imposed on each and every motorcycle, motor scooter, ~- ~I~ r 1+ 1 u 1 ~~~K 14 r~._:4?~ motorbike or other motor vehicle of like design or similar thereto to which this article is applicable, and a license tax of twenty dollars for each license tax year, as hereinafter provided for, is hereby imposed on each and every other kind and type of motor vehicle to which this article is applicable. :~ b. An Ordinance To Amend The Isle of Wight County Code To Provide For Adoption Of Hunting Dogs No one appeared in favor or in opposition. Supervisor Turner moved the Board adop~ MOrdinance To Amend The Isle of Wight County For Adoption Of Hunting Dogs". The vote unanimous (5-0). AN ORDINANCE TO AMEND THE ISLE OF WIGHT PROVIDE FOR ADOPTION OF HUNTING t the following Code To Provide in favor was COUNTY CODE TO DOGS BE IT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that Chapter 3, Article II, Division 3 of the Isle of Wight County Code be amended by adding thereto the following provisions regarding adoption of hunting dogs: Section 3-27. Adoption of Hunting Dogs• 1 In addition to the foregoing provisions of Section 3-26 of this Code, a person who wishes to adopt a dog of hunting breed extraction may do so for the same fees required under Section 3-26, provided, they agree to retain the dog for at least twenty-one (21) days, putting a collar and name tag on the dog immediately; and provided that during the twenty-one (21) days they may test the dog to determine if said dog will "hunt" and if said dog will not "hunt" they may return the dog to the County dog pound for a full refund; and provided further, that during the twenty-one (21) days trial period said person agrees to be fully legally responsible for any damage said dog might do including killing or injuring of livestock and/or fowl; and provided further, that said person must agree not to sell the dog for a period of one (1) ear and that during the one (1) year period if the person finds that the dog does not meet his/her needs, the person shall return the dog to the County dog pound but after the initial twenty-one (21) days, will not be entitled to any refund for monies paid to the County. // On motion of Supervisor Ross, the Board voted unanimously (5-0) to amend the agenda to consider Item 3, an amendment to the Zoning Ordinance of Isle of Wight County to add the classification of Historic District H Zoning, under Old Business. ~~ ~~, ao~K 14 :~.:~ ~~30 Chairman Bradby called' for consideration of the following ordinance: An amendment to the Zoning Ordinance of Isle of Wight County to add the classification of Historic District H Zoning to the following described property, which shall be an addition to the present zoning of said property: Beginning at a point on the center line of Route 258, 450'+/-, southwest of the intersection of Route 258/692 and running northwesterly perpendicular to Route 258 a distance of 1,025 feet from the center line of Route 258 to a point in an open field; then southwesterly parallel to Route 258 a distance of 1,000 feet to a pin located 949.97 feet off Route 258 (being respectively, the northwestern and rear B-1 zoning district lines of land now or formerly owned by Katherine B. Walls and George F. Walls); then S 48 degrees 34' 44" W, 32.31 feet to a pin; then S 28 degree 19' 48" W, 295.01 feet to a pin; then S 23 degrees 37' 25" W, 166.64 feet to a pin; then S 23 degrees 37' 25" W, to the center of the run of Cooke Swamp; then southerly along the center of the run of Cooke Swamp to the center line of Route 258; then continuing southerly along the center of the run of Cooke Swamp to a point 800 feet off the eastern side of Route 258; then northeasterly along a parallel line to Route 258 located 800 feet off Route 258 for a distance of 2,000 feet+/- to a point directly opposite the point of beginning on Route 258; then northwesterly a distance of 825 feet to the center line of Route 258, the point of beginning. Supervisor Turner suggested the Board hear comments from the Board prior to hearing public comment because he felt maybe the Board would answer some oP the questions the citizens may have. Supervisor Edwards moved the Board open the floor for public comment. the motion passed unanimously (5-0). No one appeared in favor or in opposition. Supervisor Ross inquired of County Attorney Crook i! the Board could simply re-zone the west side of Highway 258 under the advertised ordinance. County Attorney Crook stated they could as long as they stayed within the area on the west side advertised. County Attorney Crook advised that he had re-worded the ordinance amendment to accomplish that purpose since the Board had indicated that preference at their prior Board meeting. On motion of Supervisor Ross, the Board voted unanimously (5-Oj to adopt the following .ordinance: AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF ISLE OF WIGHT COUNTY TO ADD THE COURTHOUSE HISTORIC DISTRICT H ZONING 1 1 1 . eooK 14 r~:~431 1 BE ZT AND IT IS HEREBY ORDAINED by the Board of Supervisors of Isle of Wight County, Virginia, that the Zoning Ordinance of Isle of Wight County, Virginia, be amended to add the classification of Historic District H zoning to the following described property: Beginning at a point on the center line of Route 250, 450 feet +/- southwest of the intersection of Routes 258 and 692 and running northwesterly perpendicular to Route 258 a distance of 1025 feet from the center line of Route 258 to a point in an open field on the west side of Route 258; then southwesterly parallel to Route 258 (being respectively, the northwestern and rear B-1 zoning district lines of land now or formerly owned by Katherine B. Walls and George F. Walls); then S 48 degrees 34' 44" W, 32.31 feet to a pin; then S 28 degrees 19' 48" W, 295.01 feet to a pin; then S 23 degrees 37' 25" W, 166.64 feet to a pin; then S 23 degrees 37' 25" W, to the center of the run of Cooke Swamp; then southerly along the center of the run of Cooke Swamp to the center line of Route 258; thence down the center line of Route 258 in an easterly direction to the point of beginning. // On motion of Supervisor Turner, the Board voted unanimously (5-0) to direct County Administrator Standish to contact the Virginia Department of Transportation's Resident Engineer relative to conducting a speed study on Route 669, the cut through from Route 704 to Route 17. Jeff Farres, County resident on Route 626, expressed concern regarding the removal of the dumpsters originally located at the old Smithfield High School. Mr. Farres asked the Board to located dumpsters nearer Route 626. 1 J. L. Dixon, resident on Route 626, also expressed concern rec~ardinc~ the dumpster sites being removed from the old Smithfield High School site, and asked the Board to find a more convenient location for disposal of their trash. Freddie Walls, County resident, expressed concern regarding the Board's decision relative to the amendment to the zoning ordinance to add the classification of Historic District H zoning to property on the west side of Route 258 in the Isle of Wight Courthouse vicinity. Mr. Walls stated he feels there are other alternatives and it is hypocrisy on the Board's part. Mr. Walls also expressed concern regarding the trash collection system in the County. He feels there is apparently a hidden design by the County to advance the idea of developing a house-to-house collection service rather than continuing the dumpster system. Mr. Walls encouraged the Board to consider the motives involved. Mr. Walls further questioned thR status of the street naming process in the County stating it was a very essential aid to the fire and rescue squads. eoa~ 14 ~h~r43 // W. Douglas Caskey, Assistant County Administrator/Community Development, presented the following conditional use permit applications for the Board's consideration: 1. The application of the Isle of Wight County Educational Foundation to locate an identification sign seven feet from the right-of-way of Route 258, in Newport Magisterial District. No one appeared in favor or fn opposition. The Planning Commission recommended approval by unanimous vote, said Mr. Caskey. On motion of Supervisor Turner, the Board voted unanimously (5-0) to approve the application of the Isle of Wight County Educational Foundation to locate an identification sign seven feet from the right-of-way of Route 258, in Newport Magisterial District. 2. The application of H. W. Roberson Company, Inc., owner, and Contel of Virginia, Inc., lessee, to construct a twenty four by thirty four feet unmanned telephone switching facility on .65 acre of land located on Canteberry Lane proposed off Route 10, between Routes 32 and 258 and the Smithfield Corporate Limits, in Newport Magisterial District. No one appeared in favor or in opposition. The Planning Commission recommended approval by unanimous voted, stated Mr. Caskey. Supervisor Ross moved the Board approve the application of H. W. Roberson Company, .Inc., owner, and Contel of Virginia, Inc., lessee, to construct a twenty four by thirty four feet unmanned telephone switching facility on .65 acre of land located on Canteberry Lane proposed off Route 10, between Routes 32 and 258 in Smithfield Corporate Limits, in Newport Magisterial District. The motion carried unanimously (5-0). // County Attorney Crook advised the Board he had two matters to be discussed during Executive Session. County Attorney Crook stated he had a matter for response to the Board. Mr. Crook stated that at the meeting before last, Supervisor Edwards raised the question of possibly enacting an ordinance to require County Administrator and Department Heads to reside in the County. Not being prepared for it, I had some question about legality of it, being aware there were some cases which had been litigated where firemen and policemen were required to ~i 1 .~ ~o~K 14:;;~~433 1 live in the municipality or the County. I've done some research, it is not as thorough as I would like, but I have done some and it seems that County ordinances requiring County employees to live in the County are challenged under equal protection laws and the .constitutional right to travel, in other words to live where you want to live. But, where's there. is an overriding governmental need for the person to be in the locality they have been upheld, particularly in the case of policemen and firemen. Although, they are usually upheld on the basis that they live in the County or within a few miles of the County, ten miles of the locality is what is most often used. And, they have been generally not held valid as to those persons who are residing outside of the County at the time of the adoption of the ordinance. The adoption of the ordinance would not apply to those presently employed living outside of the County. However, in the case of the County Administrator we have a State statute which defines the County Administrator, sets the qualifications and provides that he shall be appointed according to merit only and need not be a resident of the County at the time of his appointment, but he must become a bona fide resident of the County in due course. Mr. Crook stated he was not sure what the difference is between an actual resident and a bona fide resident. So, in the case of the County Administrator we have a State statute, but in the case of other employees, the ordinance would have to be the result of a governmental need for them to be in the County and if so, it should be in the County or within ten miles of the County, such as firemen or policemen. Now, when you go to all employees having to reside in the County, then it becomes very questionable if it will uphold the Constitutional challenges. // 1 County Administrator Standish introduced David J. Murphy, Public Utilities Director, who presented a status report to the Board members regarding the Hampton Roads Sanitation District (HRSD) interceptor extension to the Town of Windsor. Following discussion, action relative to the HRSD interceptor extension to the Town oP Windsor was deferred until such time negotiations are completed. On motion of Supervisor Ross, the Board voted unanimously (5-O) to authorize the Count Administrator to execute a contract, in the amount of ~y39,000 with Rose Brothers under the State low bid, to pave the driveways, parking areas and establishment of handicap parking areas with the funds to be taken from the Courthouse improvements funds. Supervisor Bradshaw moved the Board authorize County Administrator Standish to have published in the local newspapers information relative to the Enhanced E911 charge 1 BOOK ~~ -„`~•J~ on monthly telephone bills 'and to work with Contel in providing additional information on the telephone bill to explain the $1.00 monthly charge. The motion passed by unanimous (5-O) vote of the Board. Supervisor Turner moved the Board authorize County Administrator Standish to obtain a full design for the sign to be erected at the County library in Smithfield and report back to the Board on October 5, 1989. The motion carried unanimously (5-0). County Administrator Standish informed the Board members that preparations were being made for Hurricane Hugo and that Smithfield High School and Windsor Elementary School were the designated shelters if needed. // Sheriff C. W. Phelps stated he did not have a monthly activity report at this time. // On motion of Supervisor Bradshaw, the Board voted unanimously (5-O) to direct County Administrator Standish to contact representatives of the old Seaboard/Airline Railroad relative to cleaning out the ditches in front of the Airway Shopping Center and the Best Western Inn on Route 58. // Chairman Bradby called for consideration o! the following rezoning application which was tabled at a previous Board meeting: The application of Baffley Enterprises, Inc. .for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-1, Conditional Residential Limited, 30.5 acres of land located on the north side of Route 620, between Routes 258 and 655, in Newport Magisterial District. The purpose of the application is for no more than 25 single family building lots. (Tabled August 17, 1989). Rodham T. Delk, Jr., attorney, appeared to represent the applicant and stated they appeared before the Board August 3, 1989 and presented the application. No one appeared in opposition, but there were a couple of letters. The Board voted a tie on a motion to deny the rezoning and that is when it was tabled until August 17th and the tie breaker then acted. County Administrator stated at that meeting the proffers needed some discussion. This has been done and Bailey Enterprises has made a commitment to Isle of Wight County to make a donation to the County equivalent to $1200 per single family building lot to be paid at the rate of $1200 per lot upon sale of each lot. This coauaitment has C ., BOCK ~4 ~~:~'31J been made in writing and Piled with the County, said Mr. Delk. Mr. Delk asked the Board to ,kindly consider the application tonight since this is an application to complete an existing development fn the County previously approved. Supervisor Turner asked County Attorney Crook if the proffers as presented are enforceable. County Attorney Crook stated he had not met with Mr. Delk or Mr. Standish to discuss the proffers. Mr. Crook stated he was concerned about the application date, which is an application prior to July 1, 1989 and in order to make the proffers legally enforceable, we may need a waiver of that exemption which has been provided by the General Assembly for applications submitted prior to July 1, 1989. There are some other matters involved in these proffers that I would like the opportunity to discuss with Mr. Delk and Mr. Standish prior to the Board taking action. On motion of Supervisor Turner, the Board voted unanimously (5-0) to table action on the application of Baily Enterprises, Inc. for a change in zoning classification from A-1, Agricultural Limited, to Conditional R-1, Conditional Residential Limited, 30.5 acres of land located on the north side of Route 620, between Routes 258 and 655, in Newport Magisterial District in order to allow the County Attorney, County Administrator, Attorney Delk and the applicants to further review and study the proffers and the possibility of a waiver of the filing date exemption. Supervisor Turner moved the Board table action, at the request of the Director of the Social Services Department, on the proposed Social Services Board resolution until the resolution has been adopted by the Social Services Board. The vote in favor was unanimous (5-0). C~ The Chairman called for consideration of the following rezoning application which was tabled at the August 3, 1989 and September 7, 1989 Board meetings: The application of Olde Town Real Estate, Inc. for a criange in zoning classification from A-1, Agricultural Limited, to Conditional R-3, Conditional Townhouse Residence District, approximately 255 acres of land located on the east side of Route 704, between Route 704 and Jones Creek, in Newport Magisterial District. The purpose of the application is for no more than 290 single family residences and community recreational facilities. Rodham T. Delk, Jr., attorney, representingg the applicants appeared, and stated the only difference in the proffers was that the applicant has committed to the County to donate $1200 for each single family building lot. I~ ao~M 1~ ,„-r4:~r County Attorney Crook stated he has a problem with the application being filed prior to July 1, 1989 because of-the new State statutes on proffers not being effective prior to July 1, 1989. Mr. Crook stated that he and Mr. Delk had met and reached an agreement between them to be submitted to the governing body as to how the proffers would be enforced and we came upon an agreement concerning a promissory note and a deed of trust. The County would hold a deed of trust, and would not release the deed of trust until the money was paid. Mr. Crook continued stating that he feels that is an excellent wad of enforcing it and commended Mr. Delk for the offer from his client, but he is still having trouble with the act from the General Assembly that exempts anything filed prior to July 1, 1989, and if you exempt the application then you fall back on the Statute we had last fall in the Keusal case, which is in court and which I have to deal with on a daily basis. I know it disheartening to the applicants and alarming to those. people and I feel for them, but I can't sit here and say go ahead you have my blessing and then I have to go to court and the County loses and I'm sorry. My recommendation is that it be tabled until the Board's next meeting so that Mr. Delk, Mr. Standish, the applicants and I can work out the problem. On motion of Supervisor Bradshaw the Board voted to table action on the application of Olde Town Real Estate, Inc. for a change in Zoning classification from A-1, Agricultural Limited, to Conditional R-3, Conditional Townhouse Residence District, approximately 255 acres of land located on the east side of Route 704, between Route 704 and Jones Creek, in Newport Magisterial District in order to allow the County Attorney, County Administrator, Attorney Delk and the applicants to further review and study the proffers and the possibility of a waiver. The vote in favor was unanimous (5-0). // On recommendation of County Attorney Crook and motion of Supervisor Ross, the Board voted unanimously (5-0) to adopt the August 17, 1989 Board of Supervisors minutes. // County Attorney Crook stated we need a motion to go into executive session under Section 2.1-344, subparagraphs A 3, discussion on use and acquisition of public property and 7 for consultation of legal counsel and staff members pertaining to actual and probable litigation and other specific matters requiring legal advice. On motion of Supervisor Bradshaw, the Board voted unanimously (5-0) to go into executive session for the purposes as stated by County Attorney Crook. // 1 1 1 .~ ?OWN 14 ; -4~7 fl Upon returning to open session, Supervisor Turner moved for adoption of the following resolution. The vote in favor was unanimous (5-0). CERTIFICATION OF EXECUTIVE MEETING WHEREAS, the Isle of Wight County Board of Supervisors has convened an executive meeting on this date pursuant to an affirmative recorded vote and fn accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by this Board of Supervisors that such executive meeting was conducted in conformity with Virginia law; NOW, THEREFORE, BE IT RESOLVED that the Isle of Wight County Board of Supervisors hereby certifies that, to the best of each member's knowledge,. (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the executive meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the executive meeting were heard, discussed or considered by the Board of Supervisors. Supervisor Ross moved the Board approve the following Regional Jail agreement. The vote in favor was unanimous (5-0) . ~~ THZS AGREEMENT, made and entered into this day of , 1989, among the CITY OF SUFFOLK, VIRGINIA, a COUNTY OF ISLE OF WIGHT, VIRGINIA, and the CITY OF FRANKLIN, VIRGINIA, WITNESSETH: WHEREAS, the Western Tidewater Regional Jail Board, hereinafter referred to as "Regional Board", 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 Board have been appointed by their respective appointing authorities; and NOW, THEREFORE, 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 OF BOARD i~ ~~~a 14 ~~:~ 43 The Regional Board shall have the power to provide and be responsible for the following: (1) Development and formalization of plans for construction of the Western Tidewater Regional Jail, hereinafter referred to as "Jai 1 ~~ . (2j 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 joint ownership by the parties hereto. (5) Provide for all necessary stock, equipment and structures for the Jail within the budget approved therefor by the governing bodies hereto. (6) Said Regional Board shall submit annually to the participating political subdivisions a report showing its activities and a budget by January 31, of each Xear which shall include all revenues, expenditures and employee compensation schedules and other similar data. (7) The Regional Board shall obtain insurance adec}uate to protect the interests of the jurisdictions. 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 Board and jurisdictions. (8) The Regional Board shall appoint such officers and employees as it deems necessary with salaries and benefits as determined by the Regional Board. (9j Said Regional Board 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) 1 J r~ ao~~ 14.-N~r43~ alternates to serve at the will of the governing body, with each representative or alternate having one vote on said Board. Alternates shall only vote at Board 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 official members to attend the Regional Board meetings as requested by the parties hereto. B. CONSTRUCTION The Regional Board 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 Board. C. DISTRIBUTION OF COST 1. The cost of construction of the Jail, including, but not limited to, the planning, design and all preliminary expenses of construction, shall be divided among the aforesaid jurisdictions as follows: The Cfty 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$); The City of Franklin's cost shall be six and eight-tenths percent (6.8~). D Each city and county 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 Elephant's Fork in Suffolk, Virginia, with necessary easements, as the jail site, upon acceptance of this agreement by all three jurisdictions. This roperty shall be titled in the name of the jurisdictions, with each jurisdiction having the same percentage of ownership thereof as stated in Paragraph C (1) above. The City of Suffolk shall convey the new portion of the existing Suffolk City Jail to the Western Tidewater Regional Jail Board within thirty (30) days after the Western Tidewater Regional Jail is n operation. 3. The City of Suffolk and the County of Isle of Wight shall be entitled to their preliminary jail L~ ~Q~K 14 ~h:~440 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 Board funds based on the percentages stated fn 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 Board 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 Board will take into consideration the der diem variable costs and fair and reasonable proportion of the fixed and capital costs. 2. All revenues shall be due and payable by the last daX 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. F. ADMINISTRATION 1. That, upon the approval of the Board of Corrections and Compensation Board, the Regional Board shall appoint a superintendent for said regional jail pursuant to Section 53.1-106 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 0 E~~K ~.~ -h~r441 1 officer for the Regional Jail and shall be directly responsible to the Regional Board. He shall serve at the pleasure of the Board. He will comply with all State regulations and requirements and he shall employ, on behalf of the Regional Board, such persons as may be necessary, from time to time, and shall purchase or contract for the furnishings 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 Board, and all records of accounts and all revenue and disbursements shall be maintained in a separate account known as the Jail Fund. This provision shall not be construed°'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 aitd 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 Board will be audited by an independent auditor appointed by the Board. 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 tha 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 1 ~~~~n 14 r~.:~442 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 pa 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 Regional Board 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 Board. 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 to 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 and joint venture for a period of ten (10) years after ten (10) days have passed after the Governor has approved and signed the appropriations bill passed by the General Assembly in the 1990 .session, as required by Section 53.1-82 of the Code of Virginia, as amended. 2. In the event any party hereto wishes to withdraw from this agreement at the end of the ten (10) years mentioned in Paragraph G(1) above, it may do so after written notice to the other parties is given at least one year prior to the effective date of such withdrawal. 3. Any withdrawing party will only be entitled to a reimbursement of its pro rata share of the actual construction and equipment costs of this Regional Jail, without interest, including, but not limited to, capital improvements, real estate and tangible personal property, and will not be entitled to any compensation for any vested interests in this venture. The 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 1 eooK 14.;.,:443 of operation or maintenance or for any claims of whatever nature accruing after the effective date oP withdrawal. H. ADDITIONAL PARTIES 1 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 pa 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. 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 Board and the fringe benefits for such employees shall be the same as those enjoyed by new employees of the Regional Jail. 2. This agreement shall be subject to the approval of the Department of Corrections of the Commonwealth of Virginia. 1 3. 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. 4. The Regional Board shall adapt a set of by-laws which are consistent with law. 5. Excluding prisoners from Southampton County, Virginia, which may later join the membership of this venture, no more than seven hundred (700) prisoners will be permitted to be incarcerated in the regional jail at any one time without the prior written approval of all of the parties hereto. 1 a~~K 14 ~h,~444 6: 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. 7. The Regional Jail Board shall study the possibility of presenting legislation to the Virginia General Assembly to amend the Code of Virginia to permit the creation of a Regional Jail Authority to operate the Western Tidewater Regional Jail, with all the powers generally provided to such authorities by the Code of Virginia. IN WITNESS WHEREOF the parties have hereunto set their hands and seals by the officers shown below pursuant to due authority as evidenced by a certified copy of a resolution from each governing body hereto attached: Supervisor Turner moved the Board approve payment to Robinson, Farmer, Cox Associates as requested in their statement of July 13, 1989. The motion carried unanimously (5-0). // At 9:05 P.M. Supervisor Ross moved the meeting be adjourned, which passed unanimously (5-O). Henry H. Bra y, C a rm 1 1