ONANCOCK 1680 VIROINIA'S EASTERN SHORE  Town Council: Ray Burger, Thelma Gillespie, Cynthia Holdren, Joy Marino, Sarah Nock and Maphis Oswald  Mayor: Fletcher Fosque I Town Manager: Matt Spuck  Town of Onancock Town Council Meeting September 26, 2022, at 7:00 p.m.  Agenda  1. Call to order and roll call 2. Pledge of Allegiance 5. Public Hearings a. None scheduled 6. Council discussion:  3. Motion to approve meeting minutes- - August 22, 2022, Town Council meeting  4. Police Chief Report (new agenda item, once each quarter)  a. "Save our School" campaign discussion b. Grants for which Onancock can apply (VDOT, BRIC)  Town Attorney  7. Public Comment 8. Committee Reports  a. Personnel (Joy Marino) b. Planning Commission (Fletcher Fosque) Waterfront (Fletcher Fosque)  9. Mayor's Report 10. Town Manager's Report a. Manager's Report b. Financial Report Project Updates 11. Town Councilmember comment  12. Adjourn  15 North Street I Onancock, Virginia 23417 I 757,787.3363 - onancock.com    Town of Onancock Town Council Meeting Monday, August 22, 2022  7:00 PM  1) Call to order and Roll Call:  Mayor Fletcher Fosque called the meeting to order at 7:00 PM and roll was called. Mayor Fletcher Fosque and Councilmembers Thelma Gillespie, Cynthia Holdren, Joy Marino, Sarah Nock and Maphis Oswald were, present. Councilmember Ray Burger was not present. Town Manager Matt Spuck and Town Clerk Debbie Caton were also present. A quorum was  established.  2) The Pledge of Allegiance was recited.  3) Consideration and Approval of. July 25,2022 Meeting Minutes: the motion. The motion was passed with a! 5-0 vote.  Councilmember Holdren moved to approve the minutes. Councilmember Oswald seconded  4) Public Business:  a) Public Hearing - Homestay application - 43 North St.  Town Manager Spuck spoke with the applicant explaining the Homestay property must be able to serves as homeowner's primary residence per Section 38-77 (3)d. The applicant has withdrawn the application with plans to apply at a different property address.  5) Council discussion:  a) Marshall St. extension - (this agenda item was added after distribution of Town Council packet) Town Manager Spuck spoke with the owners of the parcels about the development of houses at the end of Marshall St. There are three parcels. One has building plans completed and the other two have been surveyed. Manager Spuck asked Town Council too consider a two-year project to extend the road. Phase one will add a crushed concrete base while phase two will be the tar and chipping. The road extension will be designed to current b) Financial report format - Councilmember Holdren presented samples of financial reports. (The samples will be posted with approved minutes.) After Town Council discussion,  VDOT specifications.  several ideas were presented. Town Manager Spuck will revise the format.  6) Public Comments  a) Tom Hines - Accomac Town Council - Mr. Hines asked for assistance in the "Save our School" campaign. The Accomack County School Board has priced the cost of renovating the school or building a new structure. It was reported the cost to renovate would only be slightly more than new construction. He urged former school attendees to reach out to the Board of Supervisors to ask for the preservation of the school's historic aesthetic appeal. b) Brandon Brockmeier- 12 King St-E Brandon spoke on behalf of Peaches Dodge thanking the Town Council for expediting the last payment of $50,000 for Eastern Shore  Coalition Against Domestic Violence (ESCADV) from ARPA funds.  1/Page    Town of Onancock Town Council Meeting Monday, August 22, 2022  7:00 PM  7) Committee Reports  a) Personnel- Councilmember Marino reported the Employee Handbook is ready for review by the new Town lawyer. The town office has been in contact with three firms. b) Planning Commission - Mayor Fosque reported the B-2 district was reviewed. The  next meeting is Monday, October 3, 2022. 6) Mayor's Report -no comments. 7) Town Manager's Report  c) Waterfront-Waterfront committee did not meet in August.  Jackson St paving started. A sewer line was crushed but HRSD repaired the damage. Holly St drainage - The Town was charged by' VDOT to install culverts and clear overgrowth on drainage easement before they begin their work. VDOT will manage the Historic Onancock School - survey of school property is required for a grant application and potential funding. The quote from Shoreline Survey is $3,900. The school director, Joani Donahoe asked for the Town's help with this expense. She plans to reimburse the Town Plan update -1 the RFP was emailed to five firms. The deadline for proposal submission is September 9, 2022. An amendment to change the work completion date from December 31,2022 to March 31, 2023 was sent to all firms.  storm water drainage.  town if the grant funding is approved.  8) Adjourn motion. 9) Closed Session  The regular meeting adjourned at 8:17 PM. Councilmember Marino moved for Town Council to have a closed session to discuss real estate matters. Councilmember Holdren seconded the  Mayor Fosque called the closed session to order at 8:31 PM. Nock seconded. The vote passed with 5-0 vote.  The motion to decline the offert for Lot 9V was moved by Councilmember Oswald. Councilmember Councilmember Marino moved to adjourn closed session and certify by individual vote that we only discussed the matter described in the motion to enter closed session. Councilmember  Holdren seconded the motion. All present rounclmembersvoted yes.  The meeting adjourned at 8:48 PM.  2Page    Town of Onancock Town Council Meeting Monday, August 22, 2022  7:00 PM  Mayor, Fletcher Fosque  Town Clerk, Debbie Caton  3IPage    Two Grant Opportunities  1. VDOTsTransportation Alternative Program  a. VDOT is excited to provide a pilot grant program designed to assist Virginia's smaller population local partners in identifying, evaluating, and reportingachievable, affordable, and targeted non-motorized improvements. If selected for funding, a consultant-led team will assist <50,000 population communities to prepare for their potential FY25-26 Transportation Alternatives application (next round begins in Spring 2023). These project evaluations will provide the preliminary information needed to apply for federal Transportation Alternatives funding. Eligibility is limited to non-MPO communities with a 2020 census population of 50,000Application deadline: Friday, October 21, 2022. ward announcements are expected November 4, 2022. b. Project being considered: sidewalk on north side of King St. from the east side of the Chaney property down to the west side of the  Chaney truck entrance.  i. Considerations include obtaining a permanent easement from Chaney and possibly moving sections of fencing.  2. Building Resilient Infrastructure and Community  a. The Building Resilient Infrastructure and Communities (BRIC) grant program makes federal funds available to states, U.S. territories, federally recognized Tribal governments, and local governments for hazard mitigation activities. It does so with a recognition of the growing hazards associated with climate change, and of the need for natural hazard risk mitigation activities that promote climate adaptation and resilience with respect to those hazards. These include both acute extreme weather events and chronic stressors which have been observed. Awards made under this NOFO will be funded, in whole or in part, with funds appropriated by the Infrastructure Investment and Jobs Act, also more commonly known as the Bipartisan Infrastructure Law (BIL). The BIL is a once-in-a- generation investment in infrastructure, which will grow a more sustainable, resilient, and equitable economy by enhancing U.S.    competitiveness, driving the creation of good-paying jobs with the free and fair choice to join a union, and ensuring stronger access to economic and environmental benefits for disadvantaged communities. The BILa appropriates billions of dollars to FEMA to promote resilient infrastructure, respond to the impacts of climate change, and equip our nation with the resources to combat its most pressing threats. FEMA will provide financial assistance to eligible BRIC applicants for the following activities: (1) Capability- and Capacity-Building (C&CB) activities, which enhance the knowledge, skills, expertise, etc., of the current workforce to expand or improve the administration of mitigation assistance. This includes activities in the following sub-categories: building codes activities, partnerships, project scoping, hazard mitigation planning and planning related activities, and other activities; (2) Hazard Mitigation Projects comstncton-cosefective projects designed to increase resilience and public safety; reduce injuries and loss of life; and reduce damage and destruction to property, critical. services, facilities, and infrastructure (including natural systemsfrom a multitude of natural hazards and the effects of climate change; and (3) Management Costs-1 financial assistance to reimburse the recipient and subrecipient for eligible and reasonable indirect costs, direct administrative costs, and other administrative expenses associated with a specific mitigation measure or project in an amount up to 15 percent of the total amount of the grant award, of which not more than 10 percent of the total award amount may be used by the recipient and 5 percent by the subrecipient for such costs generally. b. Projects can include a host of items such as training our emergency responders and emergency response team, better equipping our emergency response center, working with other community organizations to develop pre-disaster mitigation plans and building codes, evaluate utilities for disaster preparedness and move below ground what can be moved, create a plan for sea rise, and increase . Considerations include defining specific projects and going  awareness to our community.  through the FEMA cost adjustment basis.    HEFTY WILEY & GORE, P.C.  Firm Profile  Hefty Wiley & Gore, P.C. has served as general counsel for Virginia localities and political subdivisions for over 25 years, with approximately 100 years of combined experience in all  aspects ofs state and local government law and policy matters.  Experience and qualifications  Hefty, Wiley & Gore, P.C. was formed over 25 years ago and is focused on representing Virginia local governments and political subdivisions. We are general counsel to numerous local and regional public entities across the Commonwealth, including several counties and towns, regional jail and detention authorities, planning district commissions, regional solid waste authorities, and economic development authorities, among others. Many of our clients have been with the firm for many years and we believe our responsiveness, expertise, and reasonable fees Due to our focus on representing governmental entities, our attorneys have extensive experience dealing with legal issues unique to this arena. We advise our clients on legislative and transactional matters; boardroom procedure and the Virginia Freedom of Information Act; contract drafting and negotiation; the Virginia Public Procurement Act; planning, zoning and community development; employment and personnel matters; water, wastewater, and utilities; and, the State and Local Government Conflict of Interests Act; among other matters. In addition, we often represent our clients before state agencies concerning administrative and regulatory matters and before the General Assembly on legislative matters. We are confident that our knowledge and experience would be ofvaluable service to Essex County.  have much to do with these successful, long-term relationships.  Delivery of services  Wej provide general counsel services largely concerning transactional, policy, and administrative legal matters. Our model is to help our clients navigate actual and potential legal issues and resolve conflicts to resolution and before matters become intractable, thereby avoiding unnecessary and costly disputes or litigation. We pride ourselves on being responsive to our clients' needs and will strive to develop strong working relationships with your key staff and Due to the collaborative nature of our practice, the services of our entire firm are generally at the disposal of all of our clients, allowing them to draw upon our collective knowledge and  officials to better understand those needs that may be unique to Essex County.  experience. Attached for your reference are briefbios ofc our attorneys.  Fees and terms of engagement  Wel have a unique model in that we have a monthly, flat-fee arrangement with most of the firm's clients. In our experience, a monthly flat-fee fosters better and more open communications with our clients sO that board members and staff are not concerned about incurring additional legal costs that often result from bill-by-the-hour fee arrangements. Another advantage of a predictable, flat-fee arrangement is that it provides certainty to the annual budgeting process, 100 West Franklin Street, Suite 300 . Richmond, VA 23220 . (804) 780-3143 . www.beflywiley.com    avoiding unexpected spikes or fluctuations in fees. Fee ranges vary, depending on the size oft the entity, its needs, and the expected scope of work. We are always open to discussing our fee arrangements and customizing our representation to fit our clients' needs. Our monthly fixed-fee  amount would be subject to adjustment on an annual basis.  Typical scope of work  Our lawyers typically attend all regular meetings of our clients' governing bodies and special meetings, as necessary. We also attend meetings of committees, other appointed bodies, and meetings with officials and staff, as necessary. We advise the governing body, chief executive officer, and staff, including constitutional officers, if necessary or desired, and where consultation with constitutional officers does not conflict with the interests or policies of the board of supervisors. Our usual scope of work includes contract preparation and review, leases, easements, deeds, and other legal instruments; preparing ordinances, resolutions, and other routine legal documents; and, assisting staff in the administration and compliance with public procurement and public finance, human resources and personnel-related matters. We support staff in the interpretation and implementation of state and local laws, zoning and subdivision ordinançes. We will keep the governing body and senior staff apprised of changes to state and federal law, which may: potentially impact our clients, its administration, or policies. We represent our clients in all other general counsel legal matters that may arise, subject to the following limitations: we do not include the provision of legal services for social services, unless desired; for complex litigation and other projects requiring specialized legal services, we would assist our clients in retaining appropriate counsel and manage those services on their behalf. Our office has good relations with a network of specialized law firms, including bond  counsel and environmental law experts, ifs such needs arise.    HEFTY WILEY & GORE,P.C.  September 6, 2022 Ms. Debbie Caton Director of Administration Town ofOnancock 151 North Street Onancock, Virginia 23417  Re: Legal Services/Town Attorney Engagement  Dear Ms. Caton:  Thank you for contacting Hefty, Wiley & Gore, P.C. (HWG) concerning the' Town of Onancock's need: for town attorney services. Formed over 30 years ago, HWG focuses oni representing Virginia local and regional governmental entities. Our client relationship model is based upon open and regular communications and a monthly flat-fee arrangement. In our experience, this facilitates  better service and efficient resolution of issues, with more predictable costs.  Scope of Work/Delivery of services  Under this agreement, I will be the Town' 's primary contact and the lead attorney. However, due to the collaborative nature ofc our practice, the services ofour entire firm would be at your disposal, allowing the Town to draw upon our collective knowledge and experience working with Virginia As discussed, duet to the distances involved, Iwill not attend regular meetings ofthe Town Council. Iwill be available, however, to the Mayor, Council Members, the Town Manager, and staff to provide legal advice and counsel on matters as they arise. To the extent necessary, participating inp public meetings couldl be arranged via telephonic or electronic means. Regular communications with members of Council would be via telephonic or electronic means. HWG would prepare or review (as applicable) all Council resolutions, ordinances, contracts, lease agreements, deeds and other legal documents, as well as provide guidance to staff on public procurement, personnel, finance, contracts, planning, zoning, and land use matters; utility issues; economic development matters; state: regulatory matters, and Freedom ofInformation Act compliance. HWG will advise Council and staff on public meeting procedures and policies and provide annual training to Town elected officials and staff on) FOIA and other relevant state laws, as appropriate. HWG can manage typical litigation and code enforcement matters, as necessary. In addition, HWG will advise the Mayor, Town Council, Town Manager, and staff on developments and changes to state and federal  localities and political subdivisions.  law which may impact the' Town. Fee Arrangement  For serving as Town Attorney and providing the general legal counsel services outlined in this letter, HWG proposes a monthly flat-fee of $2,000. This would include representing the Town of Onancock in legal matters that may arise, subject to the following limitations: For complex litigation and other matters requiring specialized legal needs, such as bond transactions,  100 West Franklin Street, Suite 300 . Richmond, VA 23220 . (804) 780-3143 . www.hetywley.com    Debbie Caton, Director of Administration  September 6, 2022 Page-2-  matters iny which the' Town is covered by insurançe, and tax orutility revenue collections, we would assist the Town in retaining appropriate counsel or work with appointed legal counsel on the More information about our firm is enclosed. Should you have any questions concerning this proposal or our firm, please contact me. Ifthis proposal is acceptable,! please sign below andi return an original copy to me. We would be glad to meet with you, the Mayor, and Town Council to discuss our proposal and services. Thank you for this opportunity and wel look forward to working  Town's behalf.  with you and the Town ofOnancock, Virginia.  Very truly yours,  CCA. gugovy Eric. A. Gregory  Attachments: 1. Attorney Profiles  2. Firm profile 3. References  By signing below and returning a signed copy to us, the Town Council oft the Town ofOnancock, Virginia, agrees to retain Hefty, Wiley & Gore, P.C. as Town Attorney to provide general legal  counsel, pursuant to the terms set forth herein.  Approved and accepted, as authorized, on behalf oft the Town Council by:  By: Name: Position:  Date  D    ONANCOCK 1680 VIRGINIA'S EASTERN SHORE  Town Council: Ray Burger, Thelma Gillespie, Cynthia Holdren, Joy Marino, Sarah Nock and Maphis Oswald  Mayor: Fletcher Fosque I Town. Manager: Matt Spuck  Town Manager Report - September 26,2022  Planning Commission Street Repairs  PCiso considering an ordinance for Signs, and Vegetation and Overgrowth. Likely to be Signs first. Holly Street repair of the stormwater easement is beginning. We have the culverts and the owner's We are making a concerted effort to clean the storm drains on Onancock managed streets to limit Ihave to write the scope of work for the work on Marshall! Street Extension, as approved by Council. We were able to locate the street valves that isolates the Town Hall. The repair was made to isolate the We will schedule the meter replacement at the Verizon building and will schedule this work sO that we can shut off the water to the Verizon building and not affect the service at the dialysis center. The required deposit was paid to the surveyor. The schedule of work is forthcoming.  Jackson Street complete! We need to complete the sign package.  approval for the work. flooding.  Water Department  water shut off for Town Hall.  Historic Onancock: School Survey  Bulkhead  Project planning is underway and the contractor is making requests of the architect for clarifying design and construction requirements. We are: scheduling a meeting for start and completion dates. We received 4 responses to our RFP. They have been distributed to Council electronically andi in hard  Town Plan  copy format. Northeast Revitalization Project  A-NPDC and DHCD have completed the pre-contract checklist. At this point we need to have the contract  negotiation meeting, which confirms areas of responsibility and timelines.  ARPA Project Updates Police Generator GIS Water System  No activity until police department renovation  Ihave gone through the self-guided training to get the maps and scanned drawings oft the water distribution system into the software. The system (asi it was drawn on the most recent  15 North Street I Onancock, Virginia 23417 I 757.787.3363 I onancock.com    architecturals) is updated and we are ready fori the GPS locator to confirm locations of system  component. Police Department Renovation Welcome Center and Public Restrooms  o We have "as-is" drawings. Waiting for first-pass architectural design.  We have "as-is" drawings and ai team of local people are developing design ideas. Waiting for Most exiting! Bob and Tori Bloxom made a generous gift toward the dog park of $2,500 and we  Council design.  Dog Park  received the items their donation purchased. Thei fence is delayed with no date in confirmed yet. Once the fence is installed, we will get the water spigots installed  Northeast Park  The unsafe equipment has been removed and wel have installed replacement swings. We have also cleared some of the unmanaged brush where garbage is often dumped. We are trying to fix Ihave researched playground equipment companies and received that information from ESCADV. Once I get options, Iwill reach out to community leaders for them to select the best equipment We have obtained pole numbers fora all poles related to this project. We will need confirmation The equipment has been ordered and the SIM cards required fori internet access in areas we  the fence where is has fallen or bent.  for them. Security Cameras  from A&N as well as the electrician. don't have service or buildings.  Air Conditioning upstairs No activity Matching Grants for Business Facades  Forming the group to define and administer the grant. Debbie is coordinating this group.  Sunset Park No activity Touchless Fixtures atl LL Drainage Ditch Cleanout Water Valve Isolation No activity Duckbill at' Wharf  Waiting for Billy to return from his work travel to coordinate.  Determining which Onancock maintained streets have drainage ditches to create al list  Waiting for Murtech Bulkhead Project, hopefully we can add to the order they will place all the  duckbills at the Wharf. Dredging under floating docks  We received our Virginia Marine Resource Commission In the meantime, we need to prepare the old dump as a spill site.  Now we wait for the Army corps. Downtown Visual Improvements Waiting until Town Plani is complete Town Square Repairs No Activity = waiting for Town Plan Walking Path at Little League Complex No activity yet ESCADVS Support  Page 2of3    AlI $100,000 has been disbursed Stormwater Management No activity yet  Page 2of3        L  o d& de de 0e de *  2  0 o o o o    X  o    32XX  o 0  o :0 o1 0  16 0 0 92 D6    o o o o  C  o oo 80  o  o o o  0 o -  o o 0 o o 9  e e 41 o 0 o 0 0  of 8    0 o  > 8  o oojo o o  oo o o  o 0 e o ooo o o 0 0o o    1 0  o  o 0 0 0  o  2  %  o 0  o  o o o  0 o o  0  8  a    0  8  o  8    o  08 d& de 8  0 0 0  o o  o o to o 9  o 0o o o  o o 0 0o  o o 60 oooo   9  o 0 o oooo  ?    3  9  &  ooo]o 9    41556131545 858    6  KR  44936154445 bo 416.415.6.661646416655 E  Ee  DE    o o 80  o 08  0  8 d8 8 & o lo o o  df 88  555158  o  ooo 0    ) o  9 o o o o o De  B  %  0  o 3 sn 5 o o o D6  o o 8  00 6        Revenue- Budget2023 Police, 80,000,3%  Wharf, 204,600,7%  Administration, 1,407,914, 47%  Sewer,8 847,440,28%  Water,4 455,000,15%  Expenditure- Budget 2023  Police, 541,190,18%  Blda and Streets, 163,391,6%  Parks&land., 126,339,4% Council, 125,323,4%  Wharf, 225,878,8%  Administration, 510,393, 17%  Sewer,847A40,28%  Water, 455,000,15%    Expenditures- Actual 2023  Police 17%  Bldands Streets 7%  Parks& Council Land. 1% 5%  Wharf 17%  Administration 18%  Sewer 1015  Water 25%  3D      ww-lw-lw  ajuejuen  -       3 un  8