Town of Onancock Town Council Meeting Monday July 24, 2023  7:00 PM  1) Call to order and Roll Call:  Mayor Fosque called the meeting to order at 7:00 PM and roll was called. Mayor Fletcher Fosque, Councilmembers Brandon Brockmeier, Ray Burger, Cynthia Holdren, Joy Marino, Sarah Nock and Maphis Oswald were present. Town Manager Matt Spuck and Town Clerk  Debbie Caton were also present. 2) The Pledge of Allegiance was recited.  3) Approve minutes from June 26, 2023, meeting-C Councilmember Nock moved to approve the minutes as amended. Councilmember Holdren seconded the motion. Councilmember Oswald and Councilmember Marino requested more comments and clarity onaf few points. The updated minutes will be emailed to the council members for review.  The motion passed with a 6-0 vote. 4) Public Hearings a. None Scheduled 5) Public Presentation a. None Scheduled 6) Council Action:  a) Personnel Policies - Councilmember Holdren reported the personnel policy was reviewed by the former attorney, Rachel Kellam and the current attorney, Hefty, Wiley, and Gore. The personnel committee updated the handbook with the  recommended changes.  Councilmember Oswald asked what source was referenced for thel holiday schedule? Councilmember Holdren stated the holiday schedule came from the Code of Virginia. The two changes included adding Juneteenth because it Councilmember Nock recommended at few grammatical changes. Her other questions were answered via email with Town Manger Spuck before the Councilmember Holdren moved to adopt the personnel policies with the amendments discussed. Councilmember Oswald seconded the motion. The motion  isaf federal holiday, and a staff request for Christmas Eve.  meeting.  passed with a 6-0 vote.  1IPage    Town of Onancock Town Council Meeting Monday July 24, 2023  7:00 PM  7) Council discussion  a) Hill Studios next steps = Town Manager Spuck explained Hill Studios was retained to  design signs, lighting, and parking for the Town.  Signs - The list below indicates the type of sign and the status of each Wayfinding signs- -1 the design is approved. Currently waiting for the specifications for fabrication. Before any signs are bought, Town Entry way sign- the design is not approved. Hill Studios asked Town Manager Spuck for al benchmark or ideas to help with the design Street signs-t the design is approved. The specs were sent over to a vendor so (1) sign can be ordered and installed. The street sign at Market/Ames needs to be replaced and the new sign will go there. Destination signs -1 the design is on hold until the entry way sign is ii. Lighting - The list below indicates the type of lighting and the status Downtown streetlights - the design is approved. The specifications have been approved and Town Manager Spuck is currently shopping Residential streetlights - the design is not approved. Hill Studios is Fixtures in front of Town Hall - Hill Studios is looking for a fixture that will complement the architectural style of the building. Gazebo lights -a new design for landscaping and hardscapes is being created. The fixtures at the gazebo will not work with the downtown streetlights; therefore, Hill Studios is looking for a pole that will complement the downtown streetlights and gazebo. Wharf lighting - this design received the most positive feedback from  phase of the design.  Council will have the final approval.  process.  approved to allow for continuity. of each phase oft the design. vendors for pricing. working on another design.  residents.  2/Page    Town of Onancock Town Council Meeting Monday July 24, 2023 7:00 PM  iii. Parking - It was suggested for College Ave to be nose-in parking. Mayor Fosque suggested a work session to follow up and discuss the  parking study.  8) Public Comment- =  a) Patsy Felthousen - 5 Ames St-N Mrs. Felthousen wished to discuss the omission of Article IXi in the current town code. Haydon Rochester presented Article IXi into the minutes at. June 2023 meeting stating Article IX gave Historic Onancock School (HOS) the zoning status of Cultural, Recreational, and Community Facility. Mrs. Felthousen stated, "within this zoning status, it gave Friends of Onancock School (FOS) the authority to operate and do whatever they want, and Article IX is not part of new codes recodified on. January 25, 2021. Article XIII which is in the town code  designates HOS as Parks and Open Space. "  Mayor Fosque agreed there is a conflict and confusion with the ordinance. After speaking with the town attorney, Article IX was approved in 2008 but never put in the code. Planning Commission will adopt a new: statute for Cultural, Recreational, and Community Facility  orr rewrite it.  b) Dr. Greg Felthousen- - 5 Ames St. -Dr. Felthousen comments are in alignment with what was already discussed in reference to Article IX. Dr. Felthousen's written comments will be part of the approved minutes. He stated, "a Special Use Permit (SUP) is the proper way for this issue to be resolved." - Dr. Felthousen's written Rosemary Paparo - 9H Holly St - Ms. Paparo stated, "despite 16 years of operation, the Friends of Onancock (FOS) have yet to achieve the benchmark under the lease to the town. The town is still helping with expenditures including $7,000 annually for property insurance. This is 40% of what the town allocates to assist the Onancock Volunteer Fire Department which is more important. The town also assists with the sewer/water bill which is pursuant to the lease. Ini the zeal to sustain the school, the town has directed its resources from Market Street and North Street where business owners have substantial personal interest. Other small towns recognize the importance of the downtown district, Onancock is doing the opposite. " d) Greg Temple - 76 Market St- Mr. Temple stated, "everyone should start thinking differently when debating the SUP and Article IX, the future of the school should be a part of the process as well as how to change the relationship between the town e) Norman Haggie - 16 Hall St - Mr. Haggie received an article about seven charming towns in Virginia. Onancock was listed #3. The article emphasized the small knit  comments are attached.  and FOS. "  3Page    Town of Onancock Town Council Meeting Monday July 24, 2023  7:00 PM  f) Mark Sinclair - 19142 Greenway Circle - Mr. Sinclair complimented the new sound system and suggested a microphone for the Town Manager. Mr. Sinclair listed several things he did not understand including Onancock Resident's Group (ORG) not updating their website since March 2023, parliamentary procedures are not followed according to Robert's Rules of Order, he does not understand how a council person can vote on the lease of FOS, the special zoning applied to the FOS grounds, and the construction of a performance pavilion to only say they did not understand what they were voting for. And lastly, he does not understand how the pavilion can make any money if half of the performances will bei free.  9) Committee Reports  Personnel - (Cindy Holdren)- Councilmember Holdren reported the personnel committee met to finalize Town Manager Spuck'se evaluation. The evaluation will be Onancock Main Street-(OMS) (Cindy yHoldren) - Councilmember Holdren updated  delivered in August. ont the following OMS projects:  Gift card promotion - $6,120 was purchased in gift cards. $5,000 was spent downtown. Approximately $1,100 has not been redeemed. Currently, there is $7,000 available for purchase in the bonus cards. Muralist- Curtis Goldstein arrived in town to begin work on the North Street Playhouse mural. The theme of this mural is "History of the Main St' Volunteer hours-f from January 2023 -J June 2023 OMS recorded 1140 hours in volunteer time. Many volunteers do not record all the hours worked; therefore, the volunteer hours are underreported. The Department of Housing and Community Development values the hourly rate at $31.80/hour which totals $36,252 in volunteer time donated to Visitor apps - OMS would like an opportunity to work with Town Manger Grants - In 2022 OMS identified and wrote grants for $73,000 that went tot the Town. The administrative fees for these grants were not reimbursed to OMS. Because the town submitted and will be the recipient of the $1,000,000 grant for the Lilliston Building those administrative fees will be reimbursed to the town. Office space at 38 Market St. - Because the rent is increasing, OMS would like to ask for a commitment from the Town Council to consider  Performing Arts in Onancock."  the Town.  Spuck on the visitor apps that are being created.  4IPage    Town of Onancock Town Council Meeting Monday July 24, 2023  7:00 PM  offering space in the Chandler Building. OMS has a small amount of  money available to help renovate the spaçe.  Council discussion ensued.  Councilmember Marino asked how much space would OMS want or need? Councilmember Holdren responded that OMS needs al locked Councilmember Marino expressed concerns with being asked fora commitment without all the facts or data to make an informed decision. She requested the reference material regarding how other town's budget Councilmember Marino would like a town policy for how the town will help other non-profit organizations particularly with the request for free Councilmember Brockmeier asked if OMS will have an open-door policy and can assist with visitors? Councilmember Holdren responded OMS Councilmember Nock stated whatever policyi is developed, it should be recognized that OMS is in a unique partnership with the town and is not Councilmember Oswald does not want to commit to renting the space until the original project (public bathrooms and welcome center) is  office and access to a conference room.  and/or fund their Main Street programs.  office space in a town building.  could work out a schedule.  any random non-profit.  complete.  Janet Fosque, President of Onancock Main Street asked to speak. (NOTE: this was not during public comments). Mrs. Fosque stated OMS works strictly for the benefit oft the town. Renting office space at the Historic Onancock School (HOS) was a temporary solution and the reason it has come up is because the rent isi increasing. OMS will not ask the town to spend money on their space. They have money to provide furnishings and other things needed. Ift the town develops a policy to help non-profits, you: should think broader than OMS because the town already heavily assists OBCA events with labor, police presence and moving equipment.  5Page    Town of Onancock Town Council Meeting Monday July 24, 2023  7:00 PM  Councilmember Holdren moved that town council offer space for OMS at 38 Market  St. Councilmember Nock seconded the motion. Councilmember Brockmeier nay Councilmember Burger yea Councilmember Holdren yea Councilmember Marino nay Councilmember Nock yea Councilmember Oswald-r nay  Mayor Fosque voted "yea" to break the tie vote. The motion passed. After the motion passed, Councilmember Oswald asked Mayor Fosque if he should have recused himself from the vote because his wife is the President of OMS.  Mayor Fosque responded "no."  Councilmember Marino stated, "there is conflict ofi interest and there is the appearance of conflict of interest. We need to be more aware of the appearance of  conflict of interest. #  Historic Onancock School (HOS) - (Sarah Nock) - the top picks for the upper eastern shore. for the Arts" fundraising events.  a. The Eastern Shore Tourism commission poll voted the HOS galleries as one of b. Despite weather delays, the ice cream social was a successful event. Over three hundred people attended the "Blooms and Brush" and the "Jam d. Youth Works is a volunteer service group working at the school doing outdoor landscaping and other painting tasks. Paul Nolz is holding the annual soccer camp. July 24, 2023, through. July 28, 2023. e. The membership drive kick-off is August 2, 2023, during Wine Wednesday. Planning Commission - (Brandon Brockmeier)- The planning commission did not Waterfront- (Fletcher Fosque) - Mayor Fosque did not attend the Waterfront Committee meeting; therefore, Town Manager Spuck gave the report. The committee discussed the Boating Infrastructure Grant (BIG). The plan is to apply for grant money to assist with handicap accessibility after hours, a newi fuel pump, a new pump-out station, new deck boards and support with advertising dollars. The committee also discussed FY: 23 year-end revenue and expenses.  meet because of the July 4th holiday.  6/Page    Town of Onancock Town Council Meeting Monday July 24, 2023  7:00 PM  10) Mayor's Report-  a)T Town Council will task the planning commission to produce a new: zoning for the HOS. Although, the planning commission meetings are open to the public it operates as an independent advisory board. Their role is to report to the Town Council any b) Because Mayor Fosque does not personally or financially gain from OMS, he did not consider his earlier vote a conflict of interest. OMSworks for the town sO  recommendations for: zoning and ordinances.  the town is the only beneficiary.  11)Town Manager's Report  a) Manager's Report  i. HRSD transition - VDOT has approval for the Jefferson St. project but still waiting for approval from Accomack County. DPW is ready with all the ii. Street repairs - VDOT has scheduled the Holly Street culverts for late iii. Northeast Revitalization Project - Town Manager Spuck has a meeting Tuesday, July 25, 2023. Police Chief Williams asked to pursue brighter lights for Boundary Ave. Part oft the grant allows for new poles with brighter lights. Town Manager Spuck is collaborating with the engineer and ANEC fora iv. OBCA purchased two dog shades for the dog park. They will be installed V. Security cameras - Town Manager Spuck and Police Chief Williams are working with the manufacturer to troubleshoot a few issues. vi. Samuel Outlaw Blacksmith Shop is registered with the National Park Service  necessary supplies to run the water lines.  summer.  solution. soon.  asar national registered listing.  b) Financial Report - See attached report.  12) Town Councilmember comment  a) Councilmember Marino thanked Town Manager Spuck for his detailed monthly reports. She asked when will the Economic Development Authority (EDA) board members will be appointed? Town Manager Spuck responded that after the contract with the Town, EDA, and the developer of the Lilliston Building is complete and  7IPage    Town of Onancock Town Council Meeting Monday July 24, 2023 7:00 PM  approved by the attorney, he can then write the loan documents. When the EDA is in place the money can move. Town Manager Spuck estimates this to happen in 60 days. Town Manager Spuck will post an ad on the website for potential board b) Councilmember Oswald noted the corner of Riley St./ Parker St. and the corner of North/King St has overgrown vegetation and is obstructing the line of vision for ) Councilmember Nock - A few business owners have submitted reimbursements for the Façade Improvement Grant. These business owners have been reimbursed.  members. drivers.  Councilmember Marino moved to a closed session to discuss real estate matters as permitted by 2.2-3711 (A) (3). Councilmember Nock seconded the motion. The motion passed with a 6-0  vote. The closed session opened at 9:01 AM.  13) Closed session  a) Real Property-2.2-3711 (A)(3)  Councilmember Marino moved to reenter public session and with a roll call vote to certify that no matter was discussed other than that mentioned in the motion to enter closed session.  Councilmember Holdren seconded the motion. Councilmember Brockmeier - yes Councilmember Burger - yes Councilmember Holdren - yes Councilmember Marino - yes Councilmember Nock - yes Councilmember Oswald - yes  14) Public session - Action Taken during closed session.  Councilmember Marino moved that we reject the offer to sell the piece of town property along the creek behind 4 Market St. Councilmember Brockmeier seconded the  motion. The motion passed with a 4-2 vote. Councilmember Brockmeier - yea Councilmember Burger - yea Councilmember Holdren - yea Councilmember Marino - yea  8/Page    Town of Onancock Town Council Meeting Monday July 24, 2023  7:00 PM  Councilmember Nock-nay Councilmember Oswald-r nay  15) Adjourn - Councimember Marino moved to adjourn the meeting. Councilmember Brockmeier seconded. The motion passed with a 6-0 vote. The meeting adjourned at 9:31 PM.  Owr Catorn Town Clerk, Debbie Caton  Fletcher  EDN  Mayor,  Fosque  9IPage    Good evening,  lam Greg Felthousen.....5 Ames Street, Onancock. I would appreciate incorporating my comments into the council minutes  infull.  lwould like to further the discussion concerning Article IX that was brought up by a previous speaker and by Mr. Rochester at  the last Town Council meeting.  Iwish to give highlighted copies of Article IXto the council members. Ihave highlighted two important issues. First, the mention of "Community" is written repeatedly. Community" specifically means, the townsfolk of Onancock proper. Secondly, as the Article is written, under permitted uses, Sec. 24-57 b. pertains to commercial events within the structure of the HOS whereas Sec 24-57 C. refers to "Outdoor recreational use" which  are to be temporary".  This being said, it is also very clear that this entire Article IXis NOT in any of the present town codes and can NOT be construed to give the FOS the ability to create a commercial music pavilion. In fact, it is my opinion, based upon legal counsel, that the vote held March of 2022 that allowed the FOS permission to construct the pavilion was granted under misleading circumstances and should be rescinded.  The proper way for this issue to be resolved is clear. Itis is to use  the legal format of a "Special Use Permit".  This allows input from all parties. It requires review by the town' Planning Commission with input from the community via open public hearings. The Planning Commission after further    consideration would then present ecommendations to the Town  Council.  Members of the Town council must then consider these recommendations and modify them as needed, again based upon input from town citizens. The voices of the citizens should  be considered foremost.  There are many issues that rightly concern the citizens of Onancock regarding the Historic Onancock School. Iwill stress again that it is my belief that the FOS has done an outstanding job in keeping the old school standing. That said, I also fully believe that the pavilion is a distraction from the true issue. There isno business plan. Funds to move forward to complete construction are NOT available. The town' cherished sledding hill has been destroyed. The sanctity of wildlife has been and will  continue to be violated.  Itis time for our Town Council to step forward and begin to seriously consider and move forward with a community based solution for the school property. This issue has been kicked down  the road for far too long.