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HomeMy WebLinkAboutSeptember 14, 1983 Regular Meeting226 A Regular Meeting of the Frederick County Board of Supervisors was held on September 14, 1983, at 7:00 P.M., in the Board of Supervisor's Meeting Room, 9 Court Square, Winchester, Virginia. PRESENT S. Roger Koontz, Chairman; Will L. Owings, Vice- Chairman; William H. Baker; Rhoda W. Maddox; David L. Smith and Kenneth Y. Stiles. CALL TO ORDER The Chairman called the meeting to order. INVOCATION The invocation was delivered by the Reverend James R. Jackson of the First Presbyterian Church. ADOPTION OF AGENDA Mr. Baker requested that item number 5 under "County Officials" be moved to item number 1 under "County Officials" and that an Executive Session be held at the end of the meeting relative to a Personnel matter. Mr. Owings requested time under "County Officials." Mr. Stiles requested time under "County Officials" and an update on the County Tire Home. Upon motion made by Will L. Owings, seconded by Kenneth Y. Stiles and passed unanimously, the agenda was approved as amended. APPROVAL OF MINUTES Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the minutes of the Regular Meeting of July 13, 1983 were approved as submitted. COUNTY OFFICIALS DISASTER RELIEF FOR THE COUNTY REQUESTED BY THE BOARD OF SUPERVISORS Mr. Baker presented the following resolution requesting disaster relief from the State for the County of Frederick: WHEREAS, Frederick County, Virginia has received insufficient rainfall during the months of July and August, 1983; and, WHEREAS, the dry weather has reduced corn, grain and silage yields and devastated late cuttings of hay; and, WHEREAS, the pasture situation has deterioated rapidly, forcing many livestock producers to begin supplement feeding a month to six weeks early. NOW, THEREFORE BE IT RESOLVED, that the Board of Supervisors formally request the Governor of the Commonwealth of Virginia to officially declare Frederick County, Virginia a drought disaster area. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Frederick County Board of Supervisors this 14th day of September, 1983. 227 Upon motion made by William H. Baker and seconded by Rhoda W. Maddox, the above resolution was passed by the following recorded vote: Aye - S. Roger Koontz, Will L. Owings, William H. Baker and Rhoda W. Maddox. Mr. Stiles abstained from voting inasmuch as he may be applying for this assistance. Mr. Smith was not present at this time. Dr. Gary DeOms, Extension Agent, appeared before the Board with reference to the drought situation within the County and also to appraise the Board of the problem within the County dealing with Johnson grass. He further stated that the problem was spreading very rapidly within the County and stated he would like for the Board to authorize him to set up the Committee to look into this problem. Dr. DeOms further stated that he hoped to get back to the Board by the first of next year with an update on the status of this problem. The Board concurred with Dr. DeOms' request and authorized him to set up such a Committee. DOROTHY KECKLEY, COUNTY TREASURER, APPOINTED AS LOCAL CO- ORDINATOR FOR SET -OFF DEBT COLLECTION - APPROVED Mr. Riley stated that he was requesting the Board to appoint Mrs. Keckley, County Treasurer, as the Local Coordinator for Set -Off Debt Collection. He stated that he was requesting the Board to appoint Mrs. Keckley as the Local Coordinator as provided by the Set -Off Debt Collection Act, and further that the provisions of the Act would enable County Govern- ment to place a lein on individual State Income Tax Returns in order to satisfy delinquent payments due local governments. Mr. Baker stated that the County had been trying for two years to collect delinquent taxes and stated he would like to know how this would help the County. Mr. Riley stated that if a match was made when records were compared then the money would come back to the County instead of going to the individual. Mr. Baker stated that he did not feel the County should employ any additional staff in order to get this done. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, Dorothy Keckley, County Treasurer, was appointed as Local Coordinator for Set -Off Debt Collection. APPOINTMENTS TO SHENANDOAH AREA AGENCY ON AGING - TABLED 228 Mr. Stiles stated that there was only one applicant for this appoint- ment and that citizens were under the impression that this was a paid position. He further stated that he felt Dr. Spencer needed to be informed that it was not for an Agency to suggest persons for these Board appoint- ments, and further that he felt this should be readvertised and voted upon by the Board at the meeting of September 28, 1983. Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, it was decided that the two appointments to the Shenandoah Area Agency on Aging be readvertised and heard by the Board at their meeting on September 28, 1983. REQUEST FROM THE INTERNATIONAL STREET FESTIVAL FOR USE OF COURTHOUSE SQUARE - APPROVED Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, the request, as presented by Ms. Sally L. Ebert, for use of the Courthouse Square for September 24, 1983, from 10:00 A.M. until 4:00 P.M., for the International Street Fesitval, was approved. REQUEST FROM CITY OF VIRGINIA BEACH WITH REFERENCE TO ABC PROFITS - APPROVED The Board discussed the request of the City of Virginia Beach for the County of Frederick to request its State Legislators to amend the State Code to allow the distribution of ABC profits to localities based upon annual Tayloe Murphy estimates. After discussion the Board felt that such a request should be made of the State Legislators on behalf of the County of Frederick. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, that a letter be sent to the State Legislators request- ing that they amend the State Code in order to allow the distribution of ABC profits to localities based upon the annual Tayloe Murphy estimates. Mr. Owings stated that he had been contacted by Mrs. Phoebe Seaman requesting that she be replaced on the Chapter 10 Board. The Board felt that this should be advertised and that they would vote on this at the meeting of September 28, 1983. BOARD DISCUSSED CURRENT SITUATION OF TIRES ON PAUL RHINEHART PROPERTY Mr. Stiles requested Mr. Ambrogi to give the Board an update on the current status of the tires at the Paul Rhinehart property. Mr. Ambrogi stated that the Board needed to give him some direction on this matter. 229 The agreement that had been agreed upon by Mr. Rhinehart and the Board was discussed. Upon motion made by Kenneth Y. Stiles, seconded by William H. Baker and passed unanimously, authorization was given to Mr. Ambrogi, Commonwealth's Attorney, to proceed with the necessary legal steps in order to carry out the steps as outlined in the agreement with Mr. Rhinehart, his Attorney and the Board of Supervisors earlier this year. CERTIFICATION OF BLUEMONT CONCERT SERIES - TABLED Mr. Peter Dunning, Director of the Bluemont Concert Series, appeared before the Board and presented a status report on the Concert Series and requested the Board to give their committment to participate in the Series for the next fiscal year. Mr. Stiles stated that it was his understanding that there would be no cost to the County for the Concert Series that was held this past Summer. Mr. Owings stated that it was his understanding that the Bluemont Concert Series would give the County $2,000 and $2,000 would be coming from a Grant. Mr. Cheely stated that the first $2,000 was for Contractural Services and this was within the Parks and Recreation budget. Mr. Stiles stated that he was not sure but he thought what the Board had directed not be spent had been spent. Mr. Baker requested that Mr. Dunning submit in writing just exactly what he was requesting of the Board, and further that according to statistics, attendance at the various concerts held in the County had better attendance at the County Courthouse than those held at either one of the County Parks. The Board requested that Mr. Dunning meet with the Finance Committee at their next meeting in order that he might discuss with them this request for next year with reference to the County and their participation for 1984 -85. SITE LOCATION OF PROPOSED SWIMMING POOL FOR THE COUNTY DISCUSSED Mr. Cheely, Parks and Recreation Director, appeared before the Board and stated that at this time the only thing he needed to know from the Board was whether or not they wanted a pool. (It was requested by Mr. Koontz that the following discussion on the pool be recorded verbatim in the minutes.) 230 Mr. Stiles - Tell me in simple language what the memo says about the prospects for a swimming pool at Clearbrook Park. Mr. Cheely - I think the prospects are just as good at one location as they are the other. I think the decision has got to be made as to which location the pool is going. Mr. Stiles - You are saying that the prospects for obtaining the Grant are as good if the pool is to be constructed at Clearbrook as if it is to be constructed at Sherando? Mr. Cheely - From an official nature, Mr. Stiles, the only comment that would be contradictory to that would be that the gentlemen, who represented the State Agency, that we met with did say that in some cases, and of course this is not to be construed as definitely, that the Agency would prefer to work in a Park where they had funded phase development before. I think the statement in the letter clearly states that they would prefer to phase a development of the Park rather than fund just a facility, such as a baseball field or tennis court or swimming pool. So that is why the recommendation was made primarily for our two highest ranking Capital Improvement Projects, that we submitted, which was a pool and a tennis court, to go together regardless of where they are located, at Clearbrook or Sherando, those facilities are needed at both of those Parks. Mr. Koontz - The best that COR will do is 50 %? Mr. Cheely - That is correct. Mr. Koontz - Ned, I think that we would have to take a long look at our financial picture, at our long range financial picture, before we could really address that problem. Mr. Cheely - The only reason I bring this to you is because we did, at the Board's request, submit a preliminary application, and they have notified us that it does look like there will be money available at the next biannual, which will be October, and in discussing this with Mr. Riley, because of the time frame, we did want to at least bring it before the Board to give you an opportunity to... Mr. Stiles - Starting with October? Mr. Cheely - Yes. Mr. Owings - Do you have a dollar figure? Mr. Cheely - It would have to be based upon which location it would go at, because obviously we are going to have more landscaping and excavation costs if it is located at Clearbrook, Mr. Owings, but the facility we are �3 talking about is an approximate figure of around $600,000 for the amenities. Mr. Owings - That is the total? Mr. Cheely - Yes sir. Mr. Owings - The $600 figure is at Sherando or is that $600 at Clearbrook? Mr. Cheely - I am saying that that is an approximate cost for the facilities that we have recommended. That cost is going to vary, based upon which location it goes at, because there is going to be certain site expenses that are going to take place at one location, that will not be incurred at the other. Mr. Smith - How much will it vary? Mr. Cheely - Primarily that is dynamiting and excavation, rock excavation that is going to take place, much more so at Clearbrook. Mr. Stiles - Of that general $600,000 how much of that is swimming pool how much is tennis courts, bathhouses and things like that? Mr. Cheely - We are talking about approximately within the mmendation the amphitheater would be a nominal, that would be done. Mr. Stiles - What amphitheater? Mr. Cheely - In here it states, if I am not mistaken, I think there is mention of a amphitheater, and primarily the reason I have not said a lot about it is because we feel like that is just a facility that we are going to do with local manpower, $120,000 for the tennis courts and approximate $400,000 for the swimming and the rest would be for your utilities, landscaping, etc. Mr. Stiles - How much of the $400,000 is in the bathhouse and that sort of thing that perhaps can be tightened up a little bit? Mr. Cheely - We have not bid out a plan at this time and I can only go from the one that we did before with the regular Z shaped pool, which is a much less sophisticated pool than before. We had a 75 x 28 bathhouse before and it was as about as simple as it could possibly get. I think we are going to be talking about somewhere in the nature of about $150,000 and that is with no lockers or anything, just bathroom facilities and shower facilities. Mr. Stiles - Good grief Ned. Mr. Cheely - I am going only from the bids that came in, Mr. Stiles. 232 Mr. Koontz - We are not in the position to discuss cost. The Board did ask you to see if the monies were available, you have said they were. We would have to take a long look at the overall budget. Thank you and we appreciate... Mr. Stiles - Just a minute, Mr. Chairman. Mr. Koontz - There is no use in sitting up here and trying to argue cost. Mr. Stiles - When would the Board anticipate doing something on this? Mr. Koontz - Whenever the Finance Committee can see a couple hundred thousand dollars it does not need. Mr. Stiles - The point remains, what year was the pool closed at Clearbrook? Mr. Cheely - I believe, Mr. Stiles, that it was closed in 1979. Mr. Stiles - Okay then that is four years that they have been without a pool in Frederick County and people that used that pool were led to believe at that time that when the pool was closed, that there would be a replacement pool put in there. Mr. Koontz - 1 do not recall that. Mr. Stiles - Yes you do and that it would be done fairly shortly. Mr. Koontz - Mr. Stiles, this Board cannot afford a $400,000 swimming pool. Mr. Stiles - Of course we can't, but that doesn't mean that every swimming pool you build has got to cost $400,000. Mr. Cheely - If I could... Mr. Koontz - We did ask you and you have fulfilled what we asked you to do. Mr. Cheely - Might I just mention one thing, in no way has the Recreation Department come to the Board tonight and asked for the Board to advocate... Mr. Koontz - I realize that, I appreciate that, you did what you were asked to do. Thank you for following up on it. Mrs. Maddox - It is always nice when you can get matching money from I the State and I think it is a shame if we have to let an opportunity go by where there is Grant money that is going to become available, but I really have a problem with the State saying well even though the swimming pool is our priority, that they want us to obligate ourselves for more sophisticated expenditure in the way of a whole planned development at whichever Park or whatever location in the County. I think that we all have felt over these last four years that the swimming pool is a big priority and 1 think we all have probably gotten phone calls about it. You come to a point where if the County is not going to have the money and it looks like we are going to face another summer without a County swimming pool, could the Parks and Recreation approach private contributions from the standpoint that private contributions be used to apply for the matching Grant? Is that a possibility that the public could come forward and help us meet a demand from the State? Mr. Cheely - With all due respect, what 1 was trying to say before I was thanked was that there are funds available and that the Commission is very much interested in getting donations from private organizations in the County and soliciting corporate donations. 1 have already been contacted by the Jaycees and some individuals from private industry. All we are asking for is do you want a pool or not? We are not asking for money. Mr. Smith - 1 don't think there is any question, that the next priority that we have in the Parks and Recreation Department is a pool, as far as a capital investment. Mr. Stiles - Could I suggest that we authorize the Recreation Commission and Department to at least continue to explore possibilities on this? What we have left it at now is that we ain't going to do anything. Mr. Koontz - Let's go back, what are you talking about when you say explore possibilities? Mr. Stiles - I think the first approach would be for private contributions and also some perhaps tightening up some of the cost. If you want to build a swimming pool 1 don't think it necessarily follows, well gee, we might as well stick in a couple tennis courts, an amphitheater and and this and that too. If we want to build a swimming pool let's do what we have to do to build a swimming pool. Mr. Cheely - Maybe it was misrepresented in the memorandum. In no way has the State said to us we have to apply for those other amenities, all that they have said is that in their philosophy of funding, that they prefer to fund a phased development. They are not going to hold our feet to the fire. If we want to apply just for the swimming pool then we can apply just for the swimming pool. There is nothing that stipulates that we must apply for more than that, all that they indicated to us was that rather than coming, just because we need a bathhouse, we come to them, they are in the 234 business of developing parks not building a ballfield, building a swimming pool and that was what we were trying to say in the memo. Mr. Smith - Has any projections been made on what would be brought in on the swimming pool in a years time? Mr. Cheely - In answer to your questions, the first thing that has to be decided is where is the pool going to go. First and foremost we need some direction from the Board as to how to go about that. Mr. Smith - Have you done any projections, what they would be if it is based in Clearbrook and projections for Sherando? Mr. Cheely - Regardless of where it is built there is no doubt that it will be used to capacity. I think in their best year, including concession operations and pool, I thought it was around $38,000. Mr. Stiles - I would move right now that this Board go on record as saying that the application for the pool should be located at Clearbrook. That is a motion. Mr. Smith seconded this motion. Mr. Horne stated that he thought the Parks and Recreation Commission might have some ideas on this and that there might be some planning related information that they could give them on population projections, etc., that might help before the Board made a decision on this. Mr. Smith asked Mr. Horne if he could meet with the Parks and Recreation Commission on this. Mr. Horne replied sure. Mr. Stiles - With all due respect to Mr. Horne, we are still going to have to make up our minds, one Park or the other. Mr. Koontz - Yes, but I do have to agree with Mr. Horne there is a great deal of information that needs to be accumulated both from citizens and staff on a decision of this magnatude. Mr. Smith - There is still a motion and second on the floor. Mr. Baker - Would you repeat the motion? Mr. Stiles - The motion is that this Board go on record as saying that any proposed swimming pool to be located in Frederick County first should go to Clearbrook Park. The vote on the above mentioned was as follows: Aye - Kenneth Y. Stiles and David L. Smith, Nay - Will L. Owings, Rhoda W. Maddox, William H. Baker and S. Roger Koontz. PLANNING COMMISSION BUSINESS f f3 10 UEST FOR BOARD APPROVAL OF INDUSTRIAL DEVELOPMENT AUTHORI DS FOR DAWSON. HOLLAND AND COMPANY - APPROVED Mr. Horne presented this request on behalf of the Industrial Develop- ment Authority stating that this Bond request was for $200,000. Mr. Dawson appeared before the Board on behalf of this request stating that the funds would be used for the construction of a 21,000 foot building expansion at the VDO -Argo in the Stine Industrial Park. Upon motion made by Kenneth Y. Stiles, seconded by Will L. Owings and passed unanimously, the following resolution was approved: WHEREAS, the Industrial Development Authority of the County of Frederick, Virginia (the "Authority "), has considered the application of Dawson, Holland S Company (the "Company ") requesting the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $300,000 (the "Bonds ") to assist in the financing of the Company's acquisition, construction and equipping of a warehouse facility (the "Project ") to be located in the County of Frederick, Virginia, and has held a public hearing thereon on September 7, 1983; and WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the County of Frederick, Virginia (the "County "); the Project is to be located in the County and the Board of Supervisors of the County of Frederick, Virginia (the "Board ") constitutes the highest elected governmental unit of the County; and WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing, and a Fiscal Impact Statement have been filed with the Board; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF FREDERICK, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 103(k) and Section 15.1 - 1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Company. 3. This Resolution shall take effect immediately upon its adoption. REQUEST FOR BOARD APPROVAL OF INDUSTRIAL DEVELOPMENT BONDS FOR INTERSTATE PROPERTIES - APPROVED Mr. Horne presented this request on behalf of the Industrial Develop- ment Authority and stated that this Bond request was for $8,000,000. Mr. Tucker White, Partner of Interstate Properties, appeared before the Board and explained where this project was located and what would be at the 236 site once the project was completed. He further stated that this would be a definite assest to the County. Mr. Don Vaden, Owner - Operator of Lee Jackson Restaurant and Motel, appeared before the Board and stated that he was opposed to this bonding as he felt the Government should not enter into financing such a project as this and that he was awaiting an opinion from the Virginia Supreme Court on this matter which had been appealed from the local Courts. Mr. Smith stated that sometime ago Mr. Owings had stated that he did not understand why the County had to approve these bonds when the County no financial interest in them, and further that he hoped somewhere down the road these bonds would not come back to the Board if a default in payment was made. Upon motion made by David L. Smith, seconded by Will L. Owings and passed unanimously, the following resolution was approved: WHEREAS, the Industrial Development Authority of the County of Frederick, Virginia (the "Authority "), has considered the application of Interstate Properties Limited Partnership (the "Company ") requesting the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $8,000,000 (the "Bonds ") to assist in the financing of the Company's acquisition, construction and equipping of a motel and office complex (the "Project ") to be located in the County of Frederick, Virginia, and has held a public hearing thereon on September 7, 1983; and WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the County of Frederick, Virginia (the "County "); the Project is to be located in the County and the Board of Supervisors of the County of Frederick, Virginia (the "Board ") constitutes the highest elected governmental unit of the County; and WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing, and a Fiscal Impact Statement have been filed with the Board; BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF OF FREDERICK, VIRGINIA: 1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 103(k) and Section 15.1- 1378.1 of the Virginia Code, to permit the Authority to assist in the financing of the Project. Z, The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Company. 3. This Resolution shall take effect immediately upon its adoption. OPEQUON REGIONAL WASTEWATER TREATMENT PLANT AGREEMENT - APPROVED 237 Mr. Riley presented this Agreement to the Board. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, the following Inter Municipal Agreement, with reference to the Opequon Regional Wastewater Treatment Plant, was approved: THIS AGREEMENT, made as of the 12th day of September, 1983, by and between the CITY OF WINCHESTER, a municipal corporation (the CITY), the BOARD OF SUPERVISORS OF FREDERICK COUNTY, acting for and on behalf of Frederick County (the COUNTY), and FREDERICK COUNTY SANITATION AUTHORITY, a public body politic and corporate organized and existing under the provisions of the Virginia Water and Sewer Authorities Act, Section 15.1 -1239, et seq., Code of Virginia, 1950, as amended, (the SANITATION AUTHORITY) and the FREDERICK- WINCHESTER SERVICE AUTHORITY, a public body politic and corporate organized and existing under the provisions of the Virginia Water and Sewer Authorities Act, Section 15.1 -1239, et seq., Code of Virginia, 1950, as amended, (FREDERICK- WINCHESTER) provides that: WHEREAS, the CITY owns and operates wastewater treatment facilities which provide wastewater treatment for all of the City and certain outlying areas in the County, and the SANITATION AUTHORITY owns and operates wastewater treatment facilities which provide wastewater treatment for certain areas of the County; and WHEREAS, in the interest of efficient water quality manage ment for the Opequon Creek drainage basin and other basins within the confines of Frederick County, the CITY and the COUNTY caused FREDERICK - WINCHESTER to be formed by Concurrent Resolution adopted by the County on January 24, 1974 and by the City on February 12, 1974 and by a certificate of incorporation issued by the State Corporation Commission of Virginia on March 8, 1974; and WHEREAS, the CITY and the COUNTY subsequently revised the purposes for which FREDERICK - WINCHESTER was formed by the passage of Addendum #2 to the Concurrent Resolution on April 12, 1983 and April 13, 1983, respectively; such purposes are to provide the following services: (1) To acquire, finance, construct, operate and maintain facilities for the abatement of pollution by the treatment of sewage collected from the CITY and the COUNTY, including treatment plants, trunks or inter- ceptors and pumping stations, together with all appurtenant equipment and appliances and properties, rights, easements and franchises related thereto or deemed necessary or convenient by FREDERICK - WINCHESTER for their operation, but not including sewage collection facilities. (2) To acquire, finance, construct, operate and maintain garbage and refuse disposal facilities for the CITY and the COUNTY, including landfills, incineration and other disposal facilities, together with all appurtenant equipment and appliances and properties, rights, easements and franchises related thereto or deemed necessary or convenient by FREDERICK - WINCHESTER for their operation, but not including garbage and refuse collection facilities. WHEREAS, the parties desire to enter into this Agreement to provide for the construction of new wastewater treatment facilities and the financing, operation and maintenance of all such facilities and recognize that this Agreement will be used to facilitate the obtaining of Federal Step III Construction Grant Funds, interim financing, and /or the issuance of revenue bonds by FREDERICK- WINCHESTER to finance the cost of such construction; NOW, THEREFORE, in consideration of the premises and the mutual convenants and agreements hereinafter contained, the parties agree as follows: ARTICLE I Definitions and Warranties SECTION 1.1. DEFINITIONS. The following words as used in 233 this Agreement shall have the following meanings: "Act" shall mean the Virginia Water and Sewer Authorities Act (Chapter 28, Title 15.1, Code of Virginia of 1950, as amended). "Bonds" shall mean the revenue bonds issued by FREDERICK - WINCHESTER to obtain funds, together with other available funds, to pay a portion of the cost of the Project and shall include any notes or other obligations issued for such purpose. "CITY" shall mean the CITY OF tion of the Commonwealth of Virginia, as its governing body. WINCHESTER, a municipal corpora - and shall include the Common Council "Cost ", when used with respect to the Project, shall have the meaning specified in Sections 15.1 - 1240 (m) and (n) of the Act. "COUNTY" shall mean FREDERICK COUNTY, a County of the Commonwealth of Virginia, and shall include the County Board of Supervisors as its governing body. "Points of Delivery" shall mean such points as FREDERICK - WINCHESTER may establish from time to time for receipt of wastewater from the CITY and the SANITATION AUTHORITY. "Political Subdivision" shall mean the CITY, the COUNTY and the SANITATION AUTHORITY. "Project" shall mean the facilities to be constructed by FREDERICK - WINCHESTER pursuant to Article 111, whether by purchase, lease or otherwise, and the facilities to be provided by FREDERICK - WINCHESTER pursuant to Article IV, as the same may from time to time exist. "FREDERICK- WINCHESTER" shall mean FREDERICK- WINCHESTER SERVICE AUTHORITY, a public body politic and corporate and organized and existing under the provisions of the Act. "SANITATION AUTHORITY" shall AUTHORITY, a public body politic and the provisions of the Act. nean FREDERICK COUNTY SANITATION corporate organized an existing under "Trustee" shall mean the trustee under the resolution or indenture authorizing or securing the Bonds. SECTION 1.2. REPRESENTATIONS AND WARRANTIES Each of the parties represents and warrants that it has full power and authority to enter into and perform this Agreement. ARTICLE 11 Term of Agreement SECTION 2.1. INITIAL TERM This agreement shall be in full force and effect from the date of its execution until June 30, 2008; provided, however, that if on such date the Bonds have not been paid or provisions made for their payment the term of this agreement shall continue until the Bonds shall have been paid or provisions made for their payment. SECTION 2.2. CONTINUATION OF AGREEMENT This agreement shall continue in effect beyond June 30, 2008 (or such later date as provided above), until terminated by the CITY, the COUNTY, the SANITATION AUTHORITY or FREDERICK - WINCHESTER. No such termina- tion shall become effective until two years after written notice thereof shall have been given to each of the other parties hereto. ARTICLE 111 Construction of Facilities SECTION 3.1. PROJECT FREDERICK - WINCHESTER will provide the wastewater facilities described in Exhibit I attached hereto, constituting the Project, as the same may be modified to meet requirements of appropriate regulatory bodies. FREDERICK - WINCHESTER may 239 also undertake the provisions of such additional facilities as may be agreed upon from time to time by the CITY, the COUNTY, the SANITATION AUTHORITY and FREDERICK - WINCHESTER. SECTION 3.2. PAYMENT FOR FACILITIES The obligation of FREDERICK - WINCHESTER to provide the facilities described in Section 3.1 is limited to the funds available to it from time to time for such purpose. FREDERICK - WINCHESTER shall be under no obliga- tion to provide funds for such purpose except in accordance with Section 4.1. SECTION 3.3. ADDITIONAL FACILITIES In the event that the CITY, the COUNTY, or the SANITATION AUTHORITY determines the need for additional wastewater interceptors or treatment facilities that have not been agreed upon by each of the CITY, the COUNTY, the SANITATION AUTHORITY and FREDERICK - WINCHESTER, FREDERICK - WINCHESTER shall provide the requested facilities at the sole cost of the CITY, the COUNTY, or the SANITATION AUTHORITY as the case may be. ARTICLE IV Obligations of Authority SECTION 4.1. SALE OF BONDS FREDERICK - WINCHESTER shall, as soon as may be practicable and with all reasonable dispatch, issue and sell the Bonds pursuant to the Act in an amount, together with other available funds, which will be sufficient to pay the cost of constructing and placing the Project in operation; provided, however, that nothing contained in this Agreement shall require FREDERICK - WINCHESTER to issue the Bonds except upon terms deemed reasonable by it. SECTION 4.2. ACQUISITION AND CONSTRUCTION OF PROJECT FREDERICK - WINCHESTER shall, as soon as may be practicable and with all reasonable dispatch after the necessary funds are made available to it, acquire, construct and place the Project in operation. SECTION 4.3. ACCEPTANCE AND TREATMENT OF WASTEWATER FREDERICK - WINCHESTER shall accept and treat all sewage delivered by the CITY, and SANITATION AUTHORITY at Point of Delivery up to their respective allocated plant capacities, presently projected as 4.1 million gallons per day for the City and 0.9 million gallons per day for the Sanitation Authority, in accordance with rules and regulations adopted by FREDERICK - WINCHESTER from time to time. FREDERICK - WINCHESTER shall be under no obligation to treat wastewater delivered by the CITY or the SANITATION AUTHORITY in excess of their allocated daily plant capacities. SECTION 4.4. OPERATION OF PROJECT The CITY, by contract- ual agreement with FREDERICK - WINCHESTER, shall operate and main- tain the Project in an efficient and economical manner, making all necessary and proper repairs, replacements and renewals, consistant with good business and operating practices for comparable facilities and in accordance with applicable standards of regulatory bodies. Treatment of wastewater shall meet or exceed all applicable standards of regulatory bodies. SECTION 4.5. ADOPTION AND ENFORCEMENT OF RULES AND REGULA TIONS FREDERICK - WINCHESTER shall adopt and enforce such reason- able rules and regulations as may be necessary or desirable to ensure the efficient operation and maintenance of its facilities and the compliance with applicable regulations and orders of regulatory bodies. ARTICLE V Obligation of Political Subdivisions SECTION 5.1. FREDERICK - WINCHESTER TO TREAT ALL WASTEWATER All publicly owned wastewater treatment facilities except septic tank tile field systems owned by the COUNTY or the SANITATION AUTHORITY shall be operated by FREDERICK - WINCHESTER under this Agreement. The CITY and the SANITATION AUTHORITY shall deliver to FREDERICK - WINCHESTER at Points of Delivery all wastewater collected by them which will drain or can be economically pumped to FREDERICK- 240 WINCHESTER and shall not permit or provide for the treatment of wastewater collected by them in any other manner. SECTION 5.2. LIMITATION ON PLANT CAPACITY The Political Subdivisions recognize that the capacity of FREDERICK - WINCHESTER'S proposed advanced wastewater treatment plant will be regulated by the State Water Control Board and that allocations of plant capacity may have to be made in order to avoid overloading. The CITY and the SANITATION AUTHORITY each covenants and agrees not to exceed its plant capacity as allocated from time to time. The CITY and the SANITATION AUTHORITY have the primary responsiblilty for the necessary action to ensure that their wastewater flows remain within their allocations. At such time as the CITY and the SANITATION AUTHORITY are advised by FREDERICK - WINCHESTER that the average flow of the CITY or the SANITATION AUTHORITY, as the case may be, for any three consecutive months has reached 95% of its allocated daily plant capacity, the CITY or the COUNTY as the case may be, shall suspend the issuance of permits which allow start of construction of projects in the affected area until capacity is increased by reason of reallocation or it is advised by FREDERICK - WINCHESTER that additional wastewater may be delivered to FREDERICK - WINCHESTER. SECTION 5.3. PAYMENT OF CHARGES The CITY and the SANITA- TION AUTHORITY each covenants and agrees to pay promptly when due the charges of FREDERICK - WINCHESTER as determined pursuant to Article VI and billed to it from time to time; provided, however, that the CITY and the SANITATION AUTHORITY shall not be obligated to pay such charges except from revenues received by the CITY and the SANITATION AUTHORITY, respectively, from the charges to be paid by the users of its sewerage systems and available to them for such purposes, including availability, connection, consumption and service charges or fees and other revenues of such systems. FREDERICK - WINCHESTER shall provide the CITY and the SANITATION AUTHORITY with information as to the minimum charges necessary for their respective required payments. SECTION 5.4. OBSERVANCE OF REGULATIONS The Political Sub- divisions each convenant and agree to observe all reasonable rules and regulations respecting the use of and services furnished by the Project in accordance with Section 4.5 or legally required by any other authorized regulatory body. ARTICLE VI Rates and Charges SECTION 6.1. RATES IN GENERAL FREDERICK - WINCHESTER shall fix and determine from time to time rates for wastewater delivered by the CITY and the SANITATION AUTHORITY. Such rates shall be estab- lished by FREDERICK - WINCHESTER at such levels as may be neces- sary to provide funds, together with other funds that may be available, sufficient at all times to pay (a) the cost of operation and maintenance of the Project,(b) reserves for purposes such as replacements and improvements to the Project, and (c) the principal of, premium, if any, and interest on the Bonds, as the same become due, and reserves therefor. SECTION 6.2 RATES FREDERICK - WINCHESTER shall establish a wholesale rate based on flows to the Project for recovery of capital, operational, and reserve costs. FREDERICK- WINCHESTER agrees to charge both the CITY and the SANITATION AUTHORITY the same wholesale rate. SECTION 6.3. RATES CHARGED B Y CITY AND SANITATION AUTHORITY TO ITS RETAIL CUSTOMERS The CITY and the SANITATION AUTHORITY shall establish retail sewer rates; said rates to be independent and at the sole discretion of the CITY and the SANITATION AUTHORITY. The rates established shall recover the wholesale rate charged by FREDERICK - WINCHESTER and capital and operational costs and reserves needed to operate and maintain the respective sewerage collection systems. The CITY agrees that the retail sewer rate established by it shall be the rate charged both CITY customers and COUNTY customers on the CITY sewer system. 241 SECTION 6.4. DETERMINATION OF CHARGES FREDERICK- WIN- CHESTER shall determine wastewater treatment charges by applying the rates determined pursuant to Section 6.2 to the total amount of wastewater received from the CITY and the SANITATION AUTHORITY, as obtained by their respective wholesale meter readings. SECTION 6.5. PAYMENT OF CHARGES FREDERICK - WINCHESTER may present charges based on budget estimates, subject to adjustment on the basis of an independent audit at the end of each fiscal year. All charges of FREDERICK- WINCHESTER shall be billed and shall be payable upon presentation. In the event the CITY or the SANITATION AUTHORITY shall fail to make payment in full within thirty (30) days after presentation, interest on such unpaid amounts shall occur at the highest rate of interest payable by FREDERICK - WINCHESTER on any of the Bonds then outstanding. FREDERICK- WINCHESTER shall bill the CITY and the SANITATION AUTHORITY, and no one else, for wastewater treated. ARTICLE VII Miscellaneous SECTION 7.1. AMENDMENTS It is recognized by the parties hereto that this Agreement will constitute an essential part of the FREDERICK - WINCHESTER financing plan and that, after the Bonds have been sold, the Agreement cannot be amended, modified, or otherwise altered in any manner that will impair or adversely affect the security afforded hereby for the payment of the principal of, premium, if any, and interest on the Bonds, but that this Agreement can be modified or amended only with the consent of the Political Suddivisions, FREDERICK - WINCHESTER and the Trustee given in accordance with the resolution or indenture under which it has been designated. SECTION 7.2. BOOKS AND RECORDS FREDERICK - WINCHESTER shall keep proper books and records in accordance with accepted accounting practice which shall be available for inspection at all reasonable times by the Political Subdivisions through their duly authorized agents. FREDERICK - WINCHESTER shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing bodies of the Political Subdivisions. SECTION 7.3. WATER AGREEMENT The CITY agrees to extend the existing wholesale water purchase agreement with the SANITA- TION AUTHORITY until the year 2000. The CITY agrees that those COUNTY customers purchasing water directly from the CITY shall not be charged a rate greater than 1500 of the CITY rate and the COUNTY agrees that the CITY may continue to charge this differential rate. SECTION 7.4. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. SECTION 7.5. SEVERABILITY If any provision of this Agreement shall be held invalid or unenforceable by any court of compentent jurisdiction, such holding shall not affect any other provision hereof. SECTION 7.6. COUNTERPARTS This Agreement shall be exe- cuted in several counterparts, any of which shall be regarded for all purposes as one original. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and their seals to be affixed and attested by their duly authorized officers, all as of the date first above written. CITY OF WINCHESTER (SEAL) BY /s/ William M. Mote WILLIAM M. MOTE President of Council 242 ATTEST: /s/ Patricia B. Ashby PATRICIA BE. ASBHY Clerk of Council BOARD OF SUPERVISORS OF FREDERICK COUNTY (SEAL) BY /s/ S. Roger Koontz S. ROGER KOONTZ Chairman ATTEST: /s/ John R. Riley, Jr. JOHN R. RILEY, JR. County Administrator FREDERICK COUNTY SANITATION AUTHORITY (SEAL) BY /s/ Donald R. Hodgson DONALD R. HODGSON Chairman ATTEST: /s/ G. W. Borden G. W. BORDEN Secretary- Treasurer FREDERICK - WINCHESTER SERVICE AUTHORITY (SEAL) BY /s/ C. Robert SOLENBERGER C. ROBERT SOLENBERGER Chairman ATTEST: /s/ Wellington H. Jones WELLINGTON H. JONES Secretary- Treasurer SEWER EXTENSION - MERRIMANS LANE - MAIN SIZE TO BE EXTENDED FROM 15 INCHES TO 18 INCES - APPROVED Mr. Horne presented this and stated that the Planning Commission, at their meeting on September 7, 1983, voted not to increase the main size for this extension of sewer from 15 inches to 18 inches. He further stated that the Board must decide on this as to whether they want to increase the size from 15 inches to 18 inches at a cost estimate of $50,000 to $82,000. He stated that funds for this would come from unallocated surplus, and further that the method of recovery of the funds would be through the Sanitation Authority on a master meter wholesale agreement. The Board discussed the land around this proposed sewer line and how it would affect the future growth in the County. They also discussed that if the County did not hook on at this time it would be terribly expensive in the future. Mr. Ralph Poe appeared before the Board and stated that as a resident of this area he felt the Board should go with the larger size line inasmuch as there would be development in the area in the future, and the 18 inch line would be much better to accommodate that development. Mr. Koontz stated that his problem with this was that tomorrow was coming and if the County opened this area for development it could mean low cost housing, etc. and it also would mean the County paying for more Schools, Parks and Recreation, etc., which all goes along with development. Mr. Horne stated that the County was not just talking about a gas station and mobile home sales at this location, but in fact, talking about enough capacity for significant community development around the interchange which in the staff's opinion, was the only development the County would ever see tax revenue from. Mr. Horne stated that the rest of this was an area that would be a constant drain on the tax revenue. Mr. Baker stated that he had been contacted by a number of people in that area, as well as the Round Hill area, and they had indicated a specific interest in having the opportunity at some point in time to have sewer service extended to the Round Hill area. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, the main size for sewer extension planned for Merrimans Lane was increased from 15 inches to 18 inches. This project will be offered for bid on a 15 inch line and an 18 inch line and the difference in these bids is what the County will pay. Mr. Stiles stated that as part of Mr. Baker's motion it would be contingent on that the County would pay as he had outlined, which would be as the cost are incurred, and secondly, the Sanitation Authority proceeds to develop a means by which the land owners could contribute up front their costs. Mr. Koontz stated that he had some problem with that. -- I Mr. Stiles stated that he felt at least this should be considered and a recommendation given to the Board, that this might not be the best way but stated that it should be examined. The Board requested that a memorandum of understanding be drawn up on this and brought back to the Board at their meeting of September 28, 1983. AMENDMENTS TO ZONING AND SUBDIVISION ORDINANCE 244 Mr. Horne stated that this was for information only and to be voted on at the Board meeting of September 28, 1983. PUBLIC HEARINGS REZONING PETITION #013 -83 - WILLIAM R. WARD, JR. - STO MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commission recommended approval. ALL Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, rezoning petition #013 -83 of William R. Ward, Jr., P. O. Box 2071, Winchester, Virginia, to rezone 6 acres from R -6 (Multi- Family- Residential) to R -3 (Residential - General) was approved. This property is designated as Parcel Number 95 on Tax Map Number 54 in the Stonewall Magisterial District. REZONING PETITION #014 -83 - ARCADIA MOBILE HOME PARK, INC. - STONEWALL MAGISTERIAL DISTRICT - APPROVED Mr. Horne presented this request and stated that the Planning Commission recommended approval. Upon motion made by Kenneth Y. Stiles, seconded by David L. Smith and passed unanimously, rezoning petition #014 -83 of Arcadia Mobile Home Park, Inc., 1426 Baker Lane, Winchester, Virginia, to rezone 33.471 acres from A -2 (Agricultural - General) to MH -1 (Mobile Home Community) was approved. This property is designated as Parcel Number 91 on Tax Map Number 54(A) in the Stonewall Magisterial District. REZONING PETITION #015 -83 - CANDY HILL FARM - BACK CREEK MAGISTERIAL DISTRICT - DENIED Mr. Horne presented this rezoning request and stated that the Planning Commission and staff had recommended denial. Mr. Ralph Poe appeared before the Board on behalf of his request and stated that he was reducing the amount of the original request in acreage from 12.5 acres to 8 acres, and he would be using this for the storage of used cars. Mr. Stiles stated that some of the information that Mr. Poe was telling the Board this evening was not the same information that was given at the Planning Commission meeting when this request was presented. Mr. Baker asked Mr. Poe if a "For Sale" sign was posted on the property he requested to be rezoned. Mr. Poe replied yes, that if the price was right, everything he had was for sale. The following persons, neighbors of Mr. Poe's, appeared before the Board in opposition to this request: Mr. Irwin Williams, Mrs. Maxine Godlove, Mr. Hottle, Mrs. Armetha Wolford, Mr. Terry Wolford, Mrs. Lucille Patton, Mr. Cecil Gray and Mrs. Hodson. Mr. Poe stated that one of the persons that had appeared before the Board that was opposed to his request stated that he wanted this rezoning in order that he erect a garage for Mr. Ted Saville of S E S Oldsmobile and this in fact was not true. Upon motion made by William H. Baker, seconded by Kenneth Y. Stiles and passed unanimously, rezoning petition #015 -83 of Candy Hill Farm, Route 4, Box 123, Winchester, Virginia, to rezone 12.5 acres now zoned A -2 (Agricul- tural- General) to B -2 (Business- General) was denied. This property is designated as Parcel Numbers 81, 82 and 86 on Tax Map Number 53 in the Back Back Creek Magisterial District. FIRE AND RESCUE COMMITTEE REPORT Mr. Smith, Chairman of the Fire and Rescue Committee, presented the following report: The Fire and Rescue Committee met on August 22, 1983, at 7:30 P.M., in the Gainesboro Fire Company facility. The following Companies were represented: Greenwood, Stephens City, Roundhill, Gainesboro, Middletown, Star Tannery and Clearbrook. Also present were Rhoda Maddox and John Riley. The following items were discussed: A. The form for recording monthly data was accepted on a 90 day trial basis. The form is attached. There was no action taken. B. The Companies requested population data for their respective first responders' area of responsibilities. There was no action taken. C. The responsible Companies requested the floor plans of the new Travel Lodge Motel and Westminster /Canterbury /Winchester. The Travel Lodge plans are available and will be provided. The plans for Westminster/ Canterbury are not available at this time but will be provided at a later date. There was no action taken. CODE AND ENGINEERING COMMITTEE REPORT 246 Mr. Owings, Chairman of the Code and Engineering Committee, presented the following report: The Code and Engineering Committee met on August 31, 1983, at 10:00 A.M., with all members present. Also present were Bob Bartley, Chairman of the Downtown Development Board; Jim Shipp, Assistant City Manager; John Riley; Eddie Wright and Bob Harriman. The Committee makes the following report and recommendations: A. During the August Committee meeting, a letter from the Chairman of the Downtown Development Board (attached), requesting approval of a "gathering area" to be constructed at no cost to the County, was discussed. A number of concerns were expessed and it was agreed to invite Bob Bartley to the September meeting. Mr. Bartley appeared before the Committee and the following concerns were addressed: mall activities, lighting expense, maintenance, loss of County parking spaces, etc. Mr. Bartley agreed to develop a contractual agreement with the City and the County to be submitted for Board and Council review. There was no action taken. B. Discussed the need to overhaul the Caterpillar D -8 Bulldozer. Presented the two bids and discussed options. It was recommended to accept the Carter Equipment Company bid with modifications. The total bid was approximately $68,000, with an additional $6,000 for equipment rental. It was recommended the Board be contacted to reach concensus to expedite the matter. It is recommended the Board officially accept the bid and approve transfer of the funds from the Contingency Line to the Repair Line. Upon motion made by Will L. Owings, seconded by Rhoda W. Maddox and passed unanimously, the above recommendation was approved. In the event this should happen in the future, Mr. Harriman was given Board permission to act promptly on getting bids for repair on this equipment at which time he would be able to take these bids directly to the Code and Engineering Committee, and not have to wait to get their permission in order to get bids. PERSONNEL COMMITTEE - EVALUATIONS Upon motion made by William H. Baker, seconded by David L. Smith and passed unanimously, that the evaluations of Information Services Director, Mrs. Helen Locke and Personnel Director, Mrs. Ann Kelican were approved as presented. BOARD RETIRED INTO EXECUTIVE SESSION �I Upon motion made by William H. Baker, seconded Rhoda W. Maddox and passed unanimously, the Board retired into Executive Session in accordance with Virginia Code (1950) Section 2.1 -344, Subsection A (1) to discuss Personnel matters. BOARD WITHDREW FROM EXECUTIVE SESSION Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the Board withdrew from Executive Session. BOARD RECONVENED INTO REGULAR SESSION Upon motion made by Rhoda W. Maddox, seconded by Kenneth Y. Stiles and passed unanimously, the Board reconvened into Regular Session. UPON MOTION DULY MADE, SECONDED AND PASSED UNANIMOUSLY, IT WAS ORDERED THAT THE BOARD OF SUPERVISORS ADJOURN. c . Boar of Super isors