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