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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. // 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. // 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. // • 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 1 f~ 1 1 it 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. i 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) . // 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). // 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. // 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 1 1 1 3 rt ~~rK ~.4 ~a;:~~~~ II 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. 1 (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. 1 4 i f s ~' r Bonn ~ ~, %~`~ ~~ ANC= ~F.i F.r 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. 5 1 1 1 .. F~~~ 14 ~H~:-7?3 F. ADMINISTRATION u n 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 6 ~! ~~ ~ooK 24.x,. (,~~ ~, 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. 7 1 .. T~• t, UO~d ~ .,;;,, ~}~l'~ 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 1 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 u 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 8 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 1 '~ J 1 9 ~~~~ 14 ,~,;.7~~7 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.. 1 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 10 w 1 /'~ ~~~~~~ ~14 ri::::'~;W 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 1 1 1 11 ... ~~~~ 1.4.;... ,~~ 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 1 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 12 WOQK ~_~ ~i~~;. ~ :SO 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 13 u ;;3r1; 14 ~;:~C~%J~ 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 14 w eo~K 14 ~~~:7~? 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 15 r ~~~K_ ~.~ {Hl;r~~~ _ ~~ 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 i I 1 } { s r ~. w 16 ,, s. 1 w