Onancock Town Council Meeting  AGENDA September 28, 2014 7:00 p.m.  1. Call to Order and Roll Call 2. Pledge of Allegiance 4. Items of Business  3. Consideration and. Approval of Minutes from Regular Meeting of August 24, 2015  a. Auxiliary Police Officers, Chief Eric' Williams Sewer Agreement with Accomack County  b. Unison Proposal  5. Public Comment  6. Planning Commission Report - Fletcher Fosque 7. Marketing Committee Report- - John E. Morgan 8. Personnel Committee Report 9. Waterfront Committee Report-1 T.Lee Byrd 10.Mayor's Report 11. Town Manager's Report  Project Update(s) Delinquent Taxes  12. Mayor and' Town Council Comments 13. Closed Session - Personnel  14. Adjourn    Town of Onancock Town Council Meeting August 24, 2015 7:00PM  Call to Order and Roll Call:  Mayor Jones called the meeting to order at 7:00 PM and roll was called. Mayor Russell Jones and Councilmembers T. Lee Byrd, Catherine Krause, Joshua Bundick and Fletcher Fosque were present. Councilmember John Morgan arrived at 7:02 PM and Councilmember Sandra Fox was absent. A  majority of members were present and a quorum was established.  The Pledge of Allegiance was recited.  Consideration and Approval of the Meeting Minutes from the. July 27#2015:  Mayor. Jones asked if there were any corrections, changes or additions to the meeting minutes from the With none, Councilmember Byrd made a motion to approve the minutes se submitted. Councilmember  July 27",2015 meeting.  Bundick seconded the motion. The motion passed by unanimous voice vote.  Public Business:  A. Pricing methodology for fuel at the wharf:  Mayor. Jones shared that a pricing scheme had been devised for gas at the wharf but had not yet been adopted by Town Council. The methodology is as follows; the customer is charged $.50on Councilmember Byrd made a motion to adopt the methodology, for pricing gas and diesel products at the town wharf as outlined in staff's recommendation in this memorandum. Councilmember Bundick: seconded the motion. The motion passed by unanimous voice vote. Mr. Bobby Isdell, Accomack Community Band, asked Town Council for their approval to hold their annual haunted house this year at the Old Onancock High School. Mr. Isdell explained to Council that this is their request for a variance to Town Ordinance 16-9; Relating to Halloween, which states that Halloween activities may only occur on Halloween, must end by 8 PM, and no one over 13 years of age may participate. Mr. Isdell shared that they have a verbal agreement in place with the Accomack County Sheriff's Department for a deputy to onsite. There will also be volunteers to assist with maintaining crowd control and, in the past, the Onancock Police Department also made it a priority to patrol the area more frequently during the event. Mayor. Jones asked what the average attendance of the event is nightly. Mr. Isdell shared that on average they have 200 people go through the Haunted House and that last year, on the last Mayor. Jones asked if Council grants the variance for the Accomack Community Band so that they may hold their annual Haunted House event at the Old Onancock High School. All were in  top of the cash price and then another 3%1 for credit card purchases.  B. Accomack Community Band:  evening, they had over 400 attendees.  verbal agreement.  1    BZA Appointments:  Mayor. Jones explained that the Town is required to have al Board of Zoning Appeals (BZA) which isa quasi-judicial committee, appointed by the Accomack County Circuit Court. The purpose of the BZA is to hear Landowner appeals to the Town's Zoning Ordinances. Town Council has been asked to get al list of potential names together for the Circuit Court Judge. Mr. Lawton shared that the Board needs to be reconstituted quickly since the Town currently has one request for a Councilmember Krause made a motion to request the appointment of Mr. Caleb Fowler, Ms. Carolyn Richardson, Ms. Maphis Oswald, Mr. Tom Reinerth and Mr. Duke. Shanahan; for aj four year term on the BZA. Councilmember Bundick: seconded the motion. The motion passed by  variance that needs to be heard.  unanimous voice vote.  Public Comment:  Mr. Rick" Turner, Onancock: Street, asked for clarification regarding the rental spaces at the Town Wharf. Mayor. Jones shared that this issue is discussed yearly at the Waterfront Committee Meetings and that the previous revenue from yearly rentals was not int the Town's best interested to continue. Mayor Jones encouraged Mr. Turner to come to the Waterfront Committee Meetings since he is positive that Mrs.J Janet Fosque, Market Street, expressed her concern for landowners allowing short term rentals in Mayor. Jones shared that he was not certain that it isav violation but that the Town Staff and the Planning  Mr. Turner had heard that longt term rentals were no longer available at the wharf.  this issue willl be discussed again for the next season.  Town. Mrs. Fosque feels that it violates Town Code and needs to be corrected.  Commission could looki into thei issue further.  Planning Commission: No Meeting.  Marketing Committee:  Councilmember Morgan shared that the meeting was centered around Mrs. Fosque's presentation on Mrs. Fosque asked Town Council if the purchase of the brackets for the banners could come from another line item in the budget sO that the Christmas Decorations Committee would have more funds available to purchase the skyline that willg go on Market Street and Marshall Street. Also, Mrs. Fosque mentioned that the brackets would be up year-round so the Town will be able to purchase season Town Council agreed to allow the purchase to be taken from another budget line item other than Mrs. Fosque continued on to share that with the Marketing Committee's help they were able to nail  updating the Town's Christmas Decorations.  appropriate banners for times other thant for the Christmas Season.  Christmas Decorations (107068.6015).  down a slogan fort the Holiday Banners, "Season's Greetings".  Personnel Committee: No meeting  2    Waterfront Committee:  Councilmember Byrd shared that the Committee met on August 11h. Councilmember Byrd shared that the gas tanks at the Wharfaret finally up and running and sales have been great. There had been a small issue with the hoses on the tank but they have since been repaired and alli is working as it should. Councilmember Byrd explained that the Town will need to purchase some additional signage for the dingy sock as well as to remind residents and visitors that parking trailers on the grass is not permitted. Councilmember Byrd also shared that Mrs.. Jean DiDanielle has recently become the new Harbormaster Counciimember Bundick asked if there have been any issues with cars parking in the trailer parking designated spots. Councilmember Byrd confirmed that there has been some issues and that the Harbormaster has been working with the Onancock Police Department in correcting that issue. Councilmember Krause thanked Mrs. Fosque for all of her work on the Christmas Decorations Committee. Councilmember Krause also thanked Town Council for allowing the purchase of the brackets to come from another line item in the budget so that they would have the funds needed to  Assistant.  Christmas Committee:  purchase the skyline. Mayor's Report: No report.  Town Manager's Report:  Taxes: Mr. Lawton shared that Town staff has made several attempts to collect on certain tax delinquencies in Town without success although overall collections are up. Mr. Lawton wanted to alert Council to the issue because it may take further more severe action get certain businesses into compliance. Several instances our correspondences: are being ignored. Decal notifications were a Unison: Mr. Lawton shared that this Company would like to purchase the current leases on the water tower and share a portion of any future leases. AT&T, a current leaser, has the option to deescalate the cost of their rent based ona a number factors such as traffic flow. There isa concern that they will do this again in thet future. Unison is offering the Town $268,000 to take over the leases on the water tower. That money can go al long way especially for matches to potential grant monies. Mr. Lawton explained that they see the water tower as the future of telecommunications. Mr. Lawton also suggested that Town Council contact Mr. Wilson Hogan, Unison, for any questions or clarifications they might want. Mayor. Jones further explained that Unison will actively look for others companies who may want to rent space on the water tower and the Town would get 60% fort thel lease but Unison will manage it. Councilmember Fosque mentioned that the Town would be foregoing $30,000 inannual revenue if the Town allowed Unison to take over the water tower leases. Councilmember Fosque is concerned that Mr. Lawton explained that the initial payment of $268,000 from Unison should cover about ten years of  success. Utility collections processes are, in place and working well.  the Town may not be able to cover that loss of annual revenue.  that "lost" revenue.  3    Mayor. Jones explained that the offer from Unison is not on a time constraint and that Council will have Road Issues: Mr. Lawton shared that Town staff recently got quotes for repairing three town owned roads, the cheapest being $40,000. The Town is starting to see more infrastructural issues with Town owned roads. Mr. Lawton further explained that there are also substructure issues with the roads. Mayor Jones asked if the Virginia Department of Transportation (VDOT) will take over roads that have Mr. Lawton shared that it will have to be ofa certain quality for VDOT1 to take it over. Mr. Lawton also shared that the Town roads are deteriorating sO much that vehicles are starting to become damaged on these declining roads. Mr. Lawton explained that concrete would be more of a long-term Band-Aid. Overgrowth in Town: Mr. Lawton shared that recently some landowners in Town were sent notices, requesting that their overgrowth be taken care of before the Town steps in. To date, all who received notices were receptive to fixing the problem. Most called to verify where the issues were in their yards. Watermen Slips: Mr. Lawton shared that through his conversation with Preston Smith that the only concern they have is with how many slips are reserved for transient boaters. According to Preston Smith ifar rental lasts longer than 15 days it is no longer considered transient. The three boat slips reserved for the watermen was actually a Town request when drafting the Boating Infrastructure Grant (BIG). Mr. Lawton explained that the only obligation the Town has to BIG is that 15 slips are reserved for Councilmember Krause shared that she was glad to hear that the overgrown trees and bushes in Town Councilmember Byrd encouraged the audience to attend the next Waterfront Committee. The Committee is open to all ideas on how to proceed with slip rentals in the coming years.  time to review and take action as they see fit within Council's timeframe.  Town staff has started to look into using concrete for patching the roads.  been patched with concrete.  transient boaters.  Mayor and Town Council Comments: will be taken care.  Closed Session, ifnecessary: None required. Adjourn:  Councilmember Byrd made a motion to adjourn. Councilmember Krause seconded the motion. The  motion passed by unanimous voice vote. The meeting adjourned at 8:35 PM.  Russell Jones, Mayor  Lisa Weeks, Deputy Clerk  4    Auxiliary Police Officer-  Willl have to volunteer 24 hours ai month.  A background must be completed as ift the. Auxiliary Officer was going to be a full time Police  Officer.  Auxiliary Officer levels:  1- Virginia certified Police Officer- may act as a full time 2- Limited duties- may carry a firearm ifa all Virginia state  Officer.  requirements are met.  3-  Sworn with limited duties- may be armed with less-than- lethal weapon(s) and has met all training requirements in accordance with Virginia and this department.  This department would have the. Auxiliary Officer at al level 3.  During the six month trial period we would only have one. Auxiliary Officer and he/she would have  tol be a' Virginia certified Police Officer. Insurance: Health- No  Life- No Worker's Compensation-  No, but will be looking into the cost.  Policies: Primary Use:  The Auxiliary Officer will have to follow all ofthe Town and Police Department  Special Events.  When there are no events Auxiliary Officer will be assign to an Officer.  Can do foot patrols and parking enforcement. Can assist Officers with cases and arrest.  Uniform:  Polo shirt, duty style pants, light weight jacket, and traffic vest. May wear the departments current uniform with. Auxiliary printed under the department patch and badge must state. Auxiliary Officer.  Cost:  Approximately $150.00    Lisa Weeks From: Sent: To: Subject: Attachments:  onancockm@gmail.com on behalf of G. Cabell Lawton, IV dawtoneonancockcom, Fwd: FW: 494020 - Unison Program and City of Onancock, VA Cell Tower Site  Tuesday, September 22, 2015 12:43 PM  Lisa Weeks Municipalities.pdr  Pleasees copy the body ofhis email and the proposed agreement for the packet.  Thanks, Cabell  Forwarded message  From: Wilson Hogan whogangunsonsitc.com Date: Thu, Mar 26, 2015 at 11:30 AM  Subject: FW:4 494020 -Unison Program and City of Onancock, VA Cell Tower Site  To: olawton@onaneckcom lawon@onaneckcom  Cabell,  Trying again.  From: Wilson Hogan Sent: Tuesday, March 24, 2015 11:29 AM To: dlawton@onancck.com  Subject: 494020 Unison Program and City of Onancock, VA Cell Tower Site  Cabell,  My apologies for not getting this information to you before now. Iwas out sick yesterday and am now playing catch-up. It was a pleasure speaking with you on Friday about the cell site in Onancock and how the Unison  program can benefit the community. Participating offers several advantages:  1. Lump Sum Payment: We pay a cash lump sum based on the existing lease. Among other things, communities use these funds for capital purchases, to offset budget cuts, or as an alternative to issuing bonds.  1    2. Eliminate Risk: Rent reduction or lease termination is primarily driven by carrier consolidation. For example, when AT&T and Cingular merged, thousands of cell site leases were eliminated and thousands of site owners agreed to rent reductions. We assume this risk when you take part in the Unison program. 3. Additional Ground Lease: 60/40% in your favor rent split from a new lease for additional ground space adjacent to the compound required when co-location occurs. We negotiate the additional ground lease rent.  Based on your monthly rent of $3,000, our initial offer would be $450,000. Our final offer would be contingent  upon a review ofy your current lease and rent confirmation.  Aslmentioned, Iwould like to schedule a time for you to talk with my colleague David. Among other things, he works specifically with municipalities. He'll be able to answer questions you may have about Unison, our program and how we can work together. Let me know when it might be a good time to schedule that call.  Meanwhile, don'thesitate to contact me with any questions.  Best regards,  Wilson  Wilson L. Hogan Wireless Finance Director  ((Unison)) 1531N. Ashland Ave. Chicago, IL 60622 Direct: (312)386-5657 Fax: (312)386-5659 e-mail: whogan@unisonsit.com  2    UINIEOIN  THE UNISON PROGRAM FOR MUNICIPAL ENTITIES  SERVING YOUR COMMUNITY  UNIQUE EXPERIENCE  Unisoni is thet trusted expert for municipal organizations and other governmental entities when it comes to creating! lasting value with cell sitel leases. We have helped municipal and government entities serving! hundreds of communities across the United States real- As thet topi independent cell site manager int the United States, we are wireless lease experts who understand the risks and opportu- nities associated" with cell site leases. We are not affiliated with any one wireless carrier ort tower operator. We arei independent and Carriers and tower operators aret typically concerned with lowering site rent or maximizing net revenue from a given site. The Unison program protects against the impact of lower rent ors site decommissioning: and preserves the economic value oft the site for the  izet thei fullf financial potential oft their cell site leases through carefully customized transactions.  objective. You- the municipality are our customer.  municipal site owner. LOCAL EXPERTS  Unison's local site development professionals understand the communities in which they live. Theyl know! howi important capital is for municipal programs, services and capital mprovements. They respect the challenges of working with dedicated professionals who serve the community and arer responsive to service boards and committees comprising elected officials, volunteer members of the community and outside advisors. They are creative and flexible- not onlyi in designing a transaction or program tor meet specific Your Unison Site Development Officer is your link tol Unison and brings creativity and experience tot tailor the Unison program to your Municipal government entities recognize that the Unison program is a great capital raising alternative toi increasing taxes, borrowing We payt the site owner a cash lump sum based ont the existing lease(s) for a wireless easement (or an alternative financial structure) ont the property. The easementi isf for as specific purpose - the operation of the cell site. We dor not buyt thep property, onlya a wireless communications interest int the property, whiche enables Unison top pay ther maximum value. Municipal and other governmental entities typically are very concerned: about rent reduction and lease termination programs by wire- less carriers because the rent andi inherent value oft the cell site arei important tot the community. Rent reduction orl lease termina- tioni is primarily driven! by carrier consolidation. For example, when AT&T and Cingular merged, thousands of rooftop leases were eliminated: and thousands more: site owners had their rents reduced. Sprint and Nextel's recent merger is now causing further cell Technological change can also quickly reduce the needf for existing sites. We haves seens such change with the growth of distributed antenna systems and the rapid decline oft the pagingi industry which has dramatically reduced the population of paging antennas. Withi in-depth! knowledge oft thel localr market and competitive cell sites, your Unison Site Development Officer can help youa assess Unisoni isf financially strong andi independent. Our financial strength comes from American: Securities and" TowerBrook Capital Partners, L.P. American! Securities has more than $85 billion under management. and are currently investing from their sixth fund. TowerBrook Capital Partnersi isa ap privately owned equityi investment firm with more than $2.5 billion under management.  financial goals - but also ina addressing the concerns ofa all decision makers. goals. We know how to eliminate the risk and createl lasting value for municipal entities. from banks ori issuing municipal bonds. The concepti is simple and straighttorward.  THE UNISON PROGRAM  We assume ther risk ofr rent reduction: andl lease termination.  site decommissioning: and rent reduction for rooftop cell site owners.  these risks toy your cell site leases. BLUE-CHIP FINANCIAL STRENGTH  Experienced, Trusted, Independent, Strong.  We are Unison. Serving community.  UNISON 110 Thomas Johnson Drive . Suile 110 . Frederick, MD 21702 . ebater www.unisonsile: com    UINIOINT  THE UNISON PROGRAM FOR MUNICIPAL ENTITIES  UNISON CLIENT RECOMMENDATIONS  SERVING YOUR COMMUNITY has helped municipal entities serve their communities.  Thel Unison program provides capital for important programs, services or capital improvements. Here are at few oft the ways Unison "The Town will use the lump sum tol help defray the cost ofap project the Town otherwise would have had difficulty funding "Thank, you fory your time anda attention to our tower transaction. We truly do appreciate the advice and knowledge) yous shared "In times of federal budget reductions, housing authorities have to be creative ini finding new methods to enhance our revenue. The easement. andl lease arrangement with Unison was certainlyag great opportunity to addi revenue to our budget."  CREATE CAPITAL and launching."  Robert B. Lowe, Town Administrator, Town of North Smithfield, North Smithfield, RI  about the wireless industry."  -John F Turben, Mayor, Village of Kirkland Hills, OH  - Stephen. J. O'Rourke, Executive Director, Providence Housing Authorities, Providence, RI  ELIMINATE FINANCIAL RIsK  "Youra advice and counsel were very accurate int that we were recently informed that the rental fees wev were charging would be "We became concerned thati industry consolidation would cause our rents to be negotiated downwards. The opportunity tos sell  negotiated downward, sot the opportunity to sell was av very good onet for our City."  George Mans, City Administrator, City of Southgate, Southgate, MI  ourv wireless leases to Unison represented: a gooda andt timely option for the Housing Authority."  Michael W. Siwck, Executive Director, West Haven Housing Authority, West! Haven, RI  CUSTOMIZED SERVICE  "Park City has had several companies contact City government with interest in permanent easement on the new City Halls site. The city was unable to conclude negotiations andi formed the impression that these companies were not willing to workt the City ina addressing the many! legitimate concerns the city had. Unison proved them all wrong. Negotiations were directa and professional "We were very pleased with Unison's professional conduct andi ollow-through, in particular the special attention their legal  and the legalt team was very accommodating." department gave to the specifics of ourt transaction." How TO CONTACT UNISON  -Peter Karlovics, City Attorney, City of Park City, Park City, IL - Kevin A. Breen, Town Administrator, Town of West Greenwich, RI  Please visit our company website at www.unisonsite.com: or call 866-599-SITE (7483).  UNISON 1101 Thomas Johnson Drive a Suile 110 . Frederick, MD . 21702 . vosiRe: www.unisonsle.com    SUGGESTED MOTION:  Mr. Mayor, Imove to approve the proposed Sewer  Agreement between the Town and Accomack County.  AGENDA  TOWN COUNCIL  SEPTEMBER 28, 2015  SUBJECT: Formal Sewage Agreement  RECOMMENDATION:  Approval  DISCUSSION: This agreement was tentatively approved on April 27,2015  pending a final draft. Staff: G. Cabell Lawton, IV Town Manager  Attachment: Copy:    Lowest Town Rate  2015AGREEMENT FOR  CENTRAL/ ACCOMACKI UTILITY SERVICE  THIS AGREEMENT is made, entered into and effective as of this  day of  2015, by and between the TOWN OF ONANCOCK,  VIRGINIA, a municipal corporation (hereinafter referred to as the "Town"), party of the first part, and ACCOMACK COUNTY, VIRGINIA, a political subdivision of the Commonwealth of Virginia, (hereinafter referred to as the "County"), party of the second part, which said parties hereto, desiring to enter into this Agreement concerning the treatment and disposal of  sewage, do hereby agree as follows:  ARTICLEI GENERAL RECITALS  1.1 The Town and the County entered into an Agreement for Sewerage Service on May 17 1979, whereby the Town has treated sewerage delivered by the County from the County's collection and transmission lines into the Town's transmission lines. This Agreement has been modified several times, most recently by effect of a Resolution of the Town Council on August 27, 2012, whereby the treatment capacity afforded to the County by the Town was  increased from 50,000 to 80,000 gallons per day (hereafter "gpd").  1.2 The Town has recently completed a substantial upgrade of the Town's Sewage Treatment Plant, whereby the treatment capacity of the Town Plant was increased from  250,000 to 750,000 gpd.  1.3 The County accepted on October 3, 2012, transfer of the wastewater collection and transmission infrastructure outside of the Town from the County Economic Development Authority (EDA; previously known as the Industrial Development Authority).  1.4 The County has historically provided a substantial volume of treatable waste and 1.5 The Town desires to continue treating waste delivered to the Town by the 1.6 The Town and the County are authorized to make this agreement under $15.2-  payment to the Town for the treatment provided.  County.  1300 and $15.2-2122 ofthe Code of Virginia (1950, as amended).  1    Lowest Town Rate  ARTICLEII DEFINITIONS  2.1 Whenever used in this Agreement, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the  following respective meanings:  County System - the facilities for receiving, transporting and disposing of sewage Town System = the facilities for receiving, transporting, treating and disposing of Promptly - actions agreed to be taken promptly under the provisions of this Agreement  located outside of the boundaries oft the Town of Onancock. sewage located within the boundaries ofthe' Town of Onancock. shall be taken within not more than three (3) business days.  ARTICLEIII GENERAL AGREEMENT  3.1 The Town agrees to receive into the Town System for treatment and disposal any sewage delivered from the County System through metered connections at mutually convenient locations within the Town. The County agrees to maintain the County System to the delivery point and the meter measuring sewage delivered from the County System to the  Town System for treatment.  3.2 The Town acknowledges the County's intent to provide utility service to customers outside of the Town and agrees that any prospective utility customer's situated outside of the Town boundary requesting utility service shall be first directed to the County for connection to the County System as County customers. Upon either (1) the County's written declination to provide sewer service or a particular location or (2) the County's failure to act upon a prospective customer's request for service within two (2) years of such request having been received in writing, the Town shall have the option (but not the obligation) to serve such customer directly. However, in no event shall any such service provided by the Town be offered or asserted as evidence ofTown services in support of an annexation action.  2    Lowest Town Rate  ARTICLEIV QUALITY  4.1 The parties agree to work together in good faith to develop appropriate, professionally guided, pretreatment standards intended to ensure that the waters of Onancock Creek are protected in accordance with valid state permit limits. When finalized, these standards shall be adopted by both parties for enforcement as outlined herein against all system users, including in equal measure both in-town and county systems. These standards are  subject to change, ifmade necessary, by mutual agreement.  4.2 The Town shall continuously operate the Town System in strict compliance with all permits, laws and regulations governing such operations. The Town shall promptly notify (and provide copies to) the County of any notices of non-compliance or violations regarding  such operations issued by state or federal authorities.  4.3 Should the sewage discharged from the County system into the Town System at any time not meet the requirements as to quality developed pursuant to Article IV above, the Town shall notify the County of the deviation from requirements and the County shall cooperate with the Town to correct such deviation. No liability shall attach to the County for  acts ofi its users.  ARTICLEV  METERING AND QUANTITY  5.1 Sewage delivered from the County System into the Town System shall be measured by meters. The County shall furnish, install, operate and maintain standard meters as part of the County System. Such meters and related equipment shall remain the property oft the County; however, the Town and the County shall have access to such meters and equipment at all times for inspection, examination and reading. Calibration and adjustment of such meters shall be accomplished by competent technicians upon request at reasonable intervals by the Town and at the expense of the County. All readings of meters shall be entered upon proper books ofrecord in the Town Offices. Upon written request the County shall have access to said  records at reasonable intervals during reasonable business hours.  5.2 Sewage meeting the requirements of Article IV is to be discharged by the County into Town's system at metered locations including, but not limited to, Manhole No. M- 17, as shown on Sheet 12 of the Plans by Shore Engineering Co., Inc. dated  (Note that this is the County/Town sewage connection point  existing as oft the date ofthis Agreement.)  3    Lowest Town Rate  5.3 The Town shall notify the County when all discharges from all sources reach eighty-five percent (85%) of the total capacity of the Town System. Subject to other rights contained in this Agreement, the Town will continue to guarantee the County at least 150,000 gpd of treatment capacity throughout the life of the sewage system as long as it is permissible by all State and Federal Permits issued to the Town for operation ofthis System.  ARTICLEVI FISCAL PROVISIONS  6.1 The Town shall charge the same and no more than the Town's lowest published rate of general application to any volume of sewage produced by any sewer customer inside the Town. Such rate per 1,000 gallons shall apply to the total metered sewage flow per calendar  month.  6.2 County billings shall be reviewed periodically by the Town for accuracy and any discrepancies found shall be promptly reported to the County. All billings pursuant to this Section shall be payable within thirty (30) days of the date ofbilling with a Ten Percent (10%) penalty for late payment and such penalties shall accrue at 1.5% per month penalty for each  subsequent month the payment is not received. this Agreement shall be charged to the County.  6.3 No rates, fees, or surcharges for sewer service other than those provided for in 6.4 The County shall pay the Town only for the metered volume of sewage that flows from the County System into the Town System at the rates prescribed in this Agreement. Adjustments to such payments shall be made only in accordance with paragraph 6.2 above. 6.5 The Town shall be free to change its rates at any time in accordance with lawful process, but in no event shall the Town over-charge or bill the County any sewer rate other than the lowest rate charged by the Town to any customer within the Town, regardless of flow rate or volume. The Town's lowest adopted sewer rate shall always be charged to the County. 6.6 To provide non-binding benchmarks for future rate adjustments, during the last calendar quarter of each year set forth below, the Town shall cause a sewer rate study to be conducted in five year increments, beginning in the year 2020 and ending in the year 2050, by a competent independent professional and the resulting Town cost data, analysis, and study report shall be made available to the public. For clarification, this anticipates seven studies required over the course of the 40 year agreement. Consistent with the cooperative cost study performed in the summer of 2014, the engineer or firm performing the sewer cost studies  4    Lowest Town Rate  prescribed herein shall be mutually acceptable to the Town and to the County. The County shall  have access to the cost data and shall cooperate in such studies.  ARTICLE VII GENERAL PROVISIONS  7.1 Title to all sewage in the County System shall remain in the County until it is 7.2 The effects of certain types of industrial waste upon sewers and sewage treatment processes are such as to require careful consideration of each industrial connection. This is a matter of concern both to the Town and to the County. Accordingly, the County covenants that it will have in effect and will enforce a binding contractual or regulatory provision(s) regulating the discharge of industrial waste into the County System subject to the general provision that no harm will result from such discharge and subject to the filing by applicant industry of a statement, a copy of which shall be forwarded to the Town, containing the following information: (1) Name and address of applicant; (2) Type of industry; (3) Estimated quantity of plant waste; (4) Typical analysis of the waste; and (5) Type of pre- treatment proposed. His statement shall be forwarded to the Town not less than 60 days prior to the customer's desired date of service. To facilitate inspections and control of industrial waste, the County will, upon request by the Town, require industries to separate industrial waste from sanitary sewage until such industrial waste has passed through an inspection manhole which shall be located sO as to be accessible at all times to inspectors ofthe Town and the County. If inspection indicates that damage might result from the discharge of such industrial waste, permission to make such discharge shall be revoked unless and until the  received into the Town System, whereupon title thereto shall pass to the Town.  industry promptly establishes acceptable remedial measures.  7.3 At regular intervals the Town will make measurements, tests and analyses of the characteristics of waters and wastes discharged into its system, all of which shall be determined ina accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater" published by the American Public Health Association, and shall be determined at the point of discharge or at such other point as the Town may determine or upon suitable samples taken at said points of discharge. Sampling shall be carried out by customarily accepted methods to reflect the limits of concentration, etc., specified in Article IV and the effect of constituents upon the sewerage works and to determine the existence of! hazards to life and property. (The particular analyses involved will determine whether a twenty-four (24)h hour composite is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses shall be obtained from twenty-four (24) hour composites-of all outfalls whereas pH shall be determined from periodic grab samples). Should  5    Lowest Town Rate  any such analysis disclose concentration higher than those permissible, the Town will at once inform the County ofs such violation. It shall be the obligation oft the County, to the extent ofits legal ability, to require the offending originator of said highly concentrated materials to take remedial pre-treatment of its wastes before discharge into the County System or the Town System. In some borderline cases of excessive strength of industrial waste, the originating industry and the County may be desirous, and the Town may be agreeable, to negotiating terms under which the Town will accept and treat any over-strength waste, but the Town makes no  commitment toj perform such service.  7.4 If, by an reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement, then such party shall give notice and full particulars of such Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied on, and the obligation of the party receiving such notice, SO far as it is affected by such Force Majeure, shall be suspended during the continuance oft the inability then claimed, but for no longer period, and any such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein shall mean acts of God, strikes, lockouts or other industrial disturbances, etc., of public enemy, orders of any kind of the government of the United States or the State of Virginia, or any civil or military authority, insurrections, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply and inability on the part of any contracting member to provide water necessary for operation of its water and sewerage system hereunder, or of the Town to receive sewage on account of any other causes not reasonably within the control of the party claiming such inability. Iti is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable to it in the judgment of the party having the difficulty. Force Majeure shall not relieve the County ofits obligation to make payments to the Town as required under Article VI or its obligation with respect to quality of sewage and set  forth in Article IV ofthis Agreement.  7.5 This Agreement shall be subject to all valid rules, regulations and laws applicable hereto passed or promulgated by the United States of America, the Commonwealth of Virginia, or any governmental body or agency having lawful jurisdiction or any authorized representative or agency of any of them. As plant owner and operator, the Town shall be solely and exclusively responsible for the compliance with all such rules, regulations and laws pertaining to the treatment of waste and disposition of the products of waste treatment derived  by operation ofthis Agreement.  7.6 This Agreement and the Town's provision of utility services pursuant hereto shall not be involved as support or justification for any involuntary boundary adjustment  (annexation) by the Town.  6    Lowest Town Rate  7.7 All Town revenue derived from operation of the Town System and providing sewer service shall be accounted for by the Town and expended only for legitimate costs of  operating the Town System and providing sewer service.  7.8 Each of the parties hereto shall do all acts and execute all documents necessary 7.9 This Agreement is made and entered into in the Commonwealth of Virginia and shall be governed by, construed, interpreted, and enforced under the laws of the Commonwealth of Virginia. The parties agree that any dispute arising out of or in connection with this Agreement shall be adjudicated in the Circuit Court of Accomack County.  and reasonably convenient to effectuate the terms and provisions ofthis Agreement.  7.10 The provisions of this Agreement shall be severable. If any phrase, clause, sentence, or provision of this Agreement is ruled invalid or unenforceable by the Circuit Court of Accomack County, the remaining provisions of this Agreement shall nonetheless remain in  full force and effect.  7.11 This Agreement sets forth the final agreement between the County and the Town regarding all matters addressed herein; neither party shall be bound by any terms, conditions,  oral statements, warranties, or representations not herein.  ARTICLEVII  TERM.TERMINATION., AND NOTICES  8.1 The Agreement shall continue in force and effect for forty (40) years from its 8.2 This Agreement may be terminated by either party upon not less than thirty (30) months' notice given in writing to the other party in accordance with this Article. Notwithstanding this notice requirement, any advertisement or public consideration by the Town of any change in sewer rates that could have the effect of imposing a rate on the County higher than the lowest sewer rate imposed upon any sewer customer within the Town shall be deemed justification for termination ofthis Agreement without notice by the County.  effective date.  8.3 All notices or communications provided for herein shall be in writing and shall be delivered or mailed, and, if mailed, shall be sent by certified or registered mail, postage prepaid, to the chief administrative officer of the party or its successor. Correspondence to the Town shall be copied to the Mayor. Correspondence to the County shall be copied to the Chairman of the Board of Supervisors. The address of the Town shall be the Town's municipal office in Onancock, Virginia, and the address of the County shall be its county office in Accomac, Virginia, unless either is notified by the other in writing ofa a change of address.  7    Lowest Town Rate  IN WITNESS WHEREOF, the parties hereto acting under authority of their respective governing bodies have caused this Agreement to be executed in several counterparts, each of  which shall constitute an original, all as of the day and year written below.  TOWN OF ONANCOCK, VIRGINIA  ATTEST:  By:  Mayor  Dated:  Clerk ofTown of Onancock  COUNTY OF ACCOMACK, VIRGINIA  ATTEST:  By: Dated:  Board Chair  Clerk, Accomack County  8    ONANCOCK POLICE DEPARTMENT Summary of Police Activities for  August 2015  Events initiated: August- July- June-  797 903 1,068  Traffic Enforcement:  Number of Summon(s) issued- Number of Warning(s)-  34 14 609  Business /C Citizen-  (Complaints, assist, checks, and special patrols)  Court:  Number of times attended- Amount of fines-  1 $950.00  Criminal Cases:  Reportable Offenses: Motor Vehicle Theft Counterfeit Currency Larceny Vandalism Trespassing Drunk in Pubic Disorderly Conduct Resisting Arrest Drinking While Driving  #of 1 2 1 1 2 2 2 1 1