Town Council: Bob Bloxom Ray Burger Thelma Gillespie Catherine Krause Joy Marino Maphis Oswald  Mayor: Fletcher Fosque Town Manager: Matt Spuck  ONANCOCK Live it Love it VIRGINIA FOUNDED 1680 Town of Onancock Town Council Meeting December. 21, 2020at7:00p p.m.  15 North. Street Onancock, VA23417 757-787-3363 www.Ononcock.com  THIS ISA VIRTUAL MEETING = NO IN-PERSON. ATTENDANCE  Topic: Town Council - Dec. 21, 2020  Time: Dec 21, 2020 07:00 PM Eastern Time (US and Canada)  Join Zoom Meeting  ntps//USUweb.zoomus/85876470289PWd-SORPNNFDZA3MAZNaWUyalhleuZzdz09  Meeting ID: 85876470289 Passcode: 037409 Or by Telephone at  1-301-715-8592 Meeting ID 858 7647 0289# Passcode 037409#  Agenda  1. Call to order and roll call 2. Pledge of Allegiance  3. Consideration and approval of meeting minute from: a. November 23, 2020 Town Council meeting b. November 30, 2020 Public Hearing a. Resolution to name town attorney b. Resolution to accept donation of real property  4. Public Business: 5. Public comment 6. Committee Reports: a. HRSD (Bob Bloxom) b. Waterfront (Bob Bloxom) Planning Commission (Bob Bloxom) d. Personnel (Catherine Krause) e. Strategic Planning (Fletcher Fosque)  JAsVIs  7. Mayor'sreport 8. Town Managersreport 9. Council comments 10. Closed session (if required) 11. Adjourn    RESOLUTION OF GOVERNING BODY OF  TOWN OF ONANCOCK  The Town Council oft the Town of Onancock, Va, consisting of  members, in a duly 2020, at which a quorum was  called meeting held on the present RESOLVED as follows:  day of  WHEREAS the Town of Onancock is required to retain a town attorney by state code The Town Council shall appoint a town attorney, who shall have been admitted to the practice in the courts of the state. The town attorney shall also serve at the pleasure of, and shall be removable at any time by, the town council, and WHEREAS Mr. John Custis, Esq. was previously appointed by town council to serve as town attorney and has served the Town of Onancock faithfully and professionally for over a WHEREAS Mr. John Custis requested in writing on September 23, 2020 to resign his role WHEREAS Ms. Rachel Kellem, Esq. has expressed interest in serving the Town of WHEREAS Ms. Rachel Kellem, was interviewed by the town manager and mayor to determine qualifications, discuss any potential conflicts ofi interest, and share town requirements  $1989, $2-26 and by Onancock Town Code Sec. 2 - 197 which reads:  decade, and as town attorney, and  Onancock in the capacity as town attorney, and  and expectations.  NOWTHEREFORE BEI ITI HEREBY RESOLVED the TownofOnancock accepts the resignation of Mr. John Custis, Esq. as town attorney with deep gratitude for his years of service  and wishes him success in all his future endeavors, and  BEITFURTHER RESOLVED that the Town of Onancock appoints Ms. Rachel Kellem, Esq. as Town Attorney and agrees to the terms outlined ini the Engagement Letter dated December  18, 2020 and attached hereto.  This Resolution is hereby entered into the permanent minutes oft the meetings of this Town  Council.  TOWN OF ONACOCK  By:  [SIGNATURE AND TITLE]  Attest:  [SIGNATURE AND TITLE]  CERTIFICATION  Ihereby certify that the above Resolution was duly adopted by the Town Council of the  Town of Onancock in a duly assembled meeting on the  day of  2020.  Secretary/Clerk  Page 1of1    CUSTIS, DIX, LEWIS & CUSTIS, L.L.P.  ATTORNEYS ATLAW ACCAWMACKE OFFICE CENTER 23345 COUNSEL DRIVE P.O.Box577 ACCOMAC, VIRGINIA: 23301 E-Mail: achel@rkelemlaw.com  HENRYP. CUSTIS,JR. THOMASB. DIX,JR, LYNWOOD' W. LEWIS, JR. JOHNP, CUSTIS RACHELC. KELLAM  TELEPHONE 757-787-2770 TELECOPIER 757-787-2352  December 18, 2020  Town of Onancock 15N North Street Onancock, Virginia 23417  RE: Custis, Dix, Lewis & Custis LLP Engagement Letter Rachel C. Kellam, Esq. - Principal Attorney Assigned  Dear Mr. Mayor and Councilmen :  Iam pleased that our firm has been engaged to represent the Town of Onancock, (the "Clienf"), in connection with various general legal matters arising from time to time, including, but not limited tor municipal, real estate, litigation and other civil matters. This engagement letter clarifies what ise expected ofboth of us while working together. Italso covers questions you may have about our billing practices. A clear understanding of these terms is essential to building a long-term relationship based on trust and to realizing fully the value that comes from continuity. Iagree to provide the Client with legal services, as requested by the Client from time to time, which in my professional judgment are reasonably necessary and appropriate in connection with any requested services. In all matters in whichI I represent the Client, I will provide services ofa strictly legal nature. Iwill, from time to time, send you: a statement offees and expenses associated with my work as the worki is completed. Payment is due upon receipt. Icharge Two Hundred and 00/00 Dollars ($200.00) per hour for legal work in most types of matters. That amount will, of course, bej prorated to the minute(s) of service Ij provide (i.e. $3.34 per minute). Should there ever be a question of fees, please never hesitate to call and discuss this with me. No deposit is required Solving legal problems often requires me to incur expenses on your behalf. Expenses such as routine telephone charges, normal copying charges and postage are absorbed by me and will be of no cost to the Client. Larger expenses such as court costs, filing fees, and overnight courier fees For my: relationship with the Client to succeed, it is essential for the Client toj provide me with all factual information reasonably relevant and material to the subject matter of the issue at hand. A  at the time you return a signed copy oft this letter.  are billed separately on your statement.    Town of Onancock December 18, 2020 Page 2  lawyer has an ethical obligation to preserve the confidences and secrets of a client. That duty is oneIregard with the utmost seriousness. Ihave no doubt that you will cooperate fully andj provide Iencourage you to keep detailed notes of questions that may arise and ofa any new information or other important matters that come to your attention. If there is any change in your address or Ifat any time you become dissatisfied with my handling of any matter, you should not hesitate to tell mei immediately so Ic can resolve the problem and maintain a good relationship with you. You may terminate my representation at any time. In the event of termination, you will be responsible for payment of any fees earned or expenses incurred that are not in dispute. I may terminate this representation only as permitted or required by laws and regulations. Failure to pay fees or Iwill use: my best efforts in representing the Client in all matters, but you acknowledge that Ic can give no assurances as to the final outcome ofa any matters prosecuted on your behalf. Ift the foregoing terms are acceptable, please sign and return one, original copy oft this letter to me by mail. Ilook forward to working with you going forward and building a long and prosperous  me all thei information I need to assist you.  telephone number, please notify me immediately.  expenses when due will be cause. for such termination.  professional relationship for what I hope willl be many years to come.  Sincerely yours,  Custis, Dix, Lewis & Custis, L.L.P. m - Raçhelc. Kellam, Esq.  I, on behalf oft the Town of Onancock, understand and accept the terms of this agreement.  Town of Onancock  By: Name: Title:  Date:    CUSTIS, DIX, LEWIS & CUSTIS, L.L.P.  ATTORNEYS ATLAW ACCAWMACKE OFFICE CENTER 23345 COUNSELDRIVE P.O.Box577 ACCOMAC, VIRGINIA2 23301 757-787-2770 FAX 757-787-2352 E-Mail: john@eustlislavoliee. com September 23, 2020  HENRYP. CUSTIS, JR, THOMASB. DIX,JR, LYNWOODW. LEWIS,JR. JOHNP. CUSTIS RACHELL, KELLAM Associate  ONLEYOFFICE 25020 Shore Parkway Suite 2A Onley, VA23418 757-302-4131  Dr. Fletcher Fosque, Mayor Town Council ofOnancock Mr. Matthew Spuck, Town Manager Re: Resignation as Town Attorney Mr. Mayor, Town Council, and Mr. Spuck:  Over the course oft the past ten years, Ihave had the honor and the privilege to be engaged by the Town of Onancock as its" Town Attorney. Onancock is a tremendous place, one that has been a source of individual pride for me as Itravel through life. Itis with great pleasure that each dayl I brag about my hometown to anybody and everybody that will listen in my practice ofl law. Iam an Onancockian through and through, and will be until the day I die, A sinçere thank you to Over the past few years, my life has presented me with a plethora of opportunities in my professional capacity. While practicing law and serving my clients on the Shore will always be my full-time profession, I am now involved in a number of exciting economic development ventures on both Maryland and Virginia's Eastern Shore that are at various stages of completion. Over the past year or so, Ihave had several partners wish to explore the greater Onancock area in hopes ofs seeking such opportunities. Iam excited to be aj part ofand lead the charge on some of That all being said, I have always taken my ethical duties as an attorney very seriously. Asr my professional life presents various opportunities of which I wish to be a part, I can only acknowledge that the Town of Onancock deserves to have counsel that serves in a capacity that is free from not only actual conflicts ofi interest, but any and all perceived conflicts as well. The residents of Onancock, their government, and the public deserve this level of transparency. In order to be involved in these opportunities, I can only come to the conclusion, regretfully so, that Imust step down from my role as Town Attorney 5O that there is absolutely no perceived conflict of interest on any future endeavors within the Town limits. Is sincerely believe that I can contribute morc to the Town in the long run on thc private side of the practice law than Ic can Iremain ready, willing and able to serve until a replacement is found. That being said, I am excited to say that the reason for doing sO is to be even more involved with the Town than  each of you for your exemplary service in governing our amazing Town.  these ventures that are being planned for the near future,  serving in my role as part-time Town Attorney.    before. Again, I thank you for your confidence in me over the past decade and look forward to  years off fruitful growth within the Town limits. Thank you again.  RE    RESOLUTION OF GOVERNING BODY OF  TOWN OF ONANCOCK  The Town Council of the Town of Onancock, Va, consisting of  members, in a duly  called meeting held on the present RESOLVED as follows:  day of  2020, at which a quorum was  WHEREAS the Town of Onancock is required to retain a town attorney by state code The Town Council shall appoint a town attorney, who shall have been admitted to the practice in the courts of the state. The town attorney shall also serve at the pleasure of, and shall be removable at any time by, the town council, and WHEREAS Mr. John Custis was previously appointed by town council to serve as town  $1989, $2-26 and by Onancock Town Code Sec. 2 - 197 which reads:  attorney has served the Town of Onancock faithfully and professionally has requested :  Tax parcel ID 085-A2-09-00-0028-0 and Tax parcel ID 85-A4-AD-0-00S-D., WHEREAS such donation is made without consideration whatsoever of the Town of Onancock now or in the future and the donor shall complete all necessary transactions and filings to formally transfer ownership of the real property to the Town of Onançock at no cost to the  approximately 6.123 acres as described on the attached Deed of Gift, and  Town, and  WHEREAS such the Town of Onancock has not or will not assign a value oft the donation for the purposes of the donor and the Town may use the donated real property for any use  determined by the Town of Onancock Town Council, and  NOW THEREFORE BE IT HEREBY RESOLVED the gift of real property from Carnival Grounds Development, LLCi is gratefully received by the TownofOnancock, and. BE IT FURTHER RESOLVED that the Town Manager of the Town of Onancock be authorized to execute the Deed of Gift on behalfofthe' Town Council, and any documents for the  above-referenced transactions  This Resolution is hereby entered into the permanent minutes ofthe meetings ofthis" Town  Council.  TOWN OF ONACOCK  By:  [SIGNATURE AND TITLE]  Attest:  [SIGNATURE AND TITLE]  CERTIFICATION  Ihereby certify that the above Resolution was duly adopted by the Town Council of the  Town ofOnancock in a duly assembled meeting on the  day of  2020.  Secretary/Clerk  Page 1of1    The existence of title insurance is unknown to the Preparer. Tax Map #: 085-A2-09-00-0025-0 and 85-A4-A0-00-0008-00  THIS DEED OF GIFT is made this 22nd day of December, 2020, by CARNIVAL GROUNDS DEVELOPMENT, LLC,a' Virginia limited liability company, ("Grantor"),and, TOWN OF ONANCOCK, a political subdivision of the Commonwealth of Virginia,  ("Grantee"), of15 North Street, Onancock, VA 23417.  INCOASIDERATIONAfpa4 and valuable consideration, inl hand paid before the delivery oft this deed, the receipt of which is acknowledged, the Grantor does hereby give, grant and convey unto the Grantee with General Warranty and English Covenants oftitle, the following lots or parçels  ofreal estate:  DESCRIPTION: All those two certain lots or parcelsofland: situate int the' Town ofOnancock, Accomack County, Virginia, designated as (i) "Lot 28",and (ii) "Part of Tax Parcel #85A4-A-8 Area = 266,720 sf or 6.123 ac", both as shown on a certain plat of survey entitled, "Boundary Survey ofLot 1 & Lot 2 William K. Beauchamp Estate (Plat Book 12, Page 76) Lots 8 - 28 Johnson Heights (Plat Book 7, Page 21) and Lands of the George T. Johnson Estate Tax Parcels #085A210000001, #085A21000000200, #085A20900000800 THROUGH 085A209000002800 & #085A4A00000800 TOWN OF ONANCOCK ACCOMACK COUNTY, VIRGINIA for Port Scarborogh, LLC", dated October 17, 2018, made by Shoreline Surveyors, said plat being attached to and recorded with a certain deed recorded in the Clerk's Office for the Circuit Court of Accomack County, Virginia, with a deed into Grantor prior hereto. BEING a portion of the same property conveyed to the Grantor by Deed dated December 15, 2020, and recorded as aforesaid in the Clerk's Office for the Circuit Court of Accomack  County, Virginia, as Instrument #200005379. This document was prepared by: JOHNF P. CUSTIS, whoi isar member oft the VIRGINIA STATEI BAR,# #77861 Onley, Virginia 23418    TOGETHER WITH all rights, easements, buildings, privileges and appurtenances  thereunto belonging ori in anywise appertaining.  SUBJECT TO valid recorded easements, covenants, reservations and restrictions in the chain of title to the property hereby conveyed, which have not expired or otherwise become  ineffective.  Possession of the herein conveyed property is to be given immediately upon the signing,  sealing and delivery oft this deed and taxes shall be pro-rated as oft the date of settlement.  This deed is exempt from taxation, pursuant to Va. Code Ann. $58.1-811(D) (2020 Cum  Supp.).  In compliance with the provisions ofVa. Code Ann. $15.2-1803, this Deed is acceptable in form by John P. Custis, Town Attorney. Matt Spuck, Town Manager, on behalf of the Town of Onancock, has been authorized to so act on behalf ofs said Town by ai resolution duly adopted by the  Town Council of Onancock at a meeting held on December 21, 2020.  [Signature Page to Follow]  This document was prepared by: JOHNP. CUSTIS, whoi isan member oft the VIRGINIA! STATEI BAR, #77861 Onley, Virginia 23418  2    WITNESS the following signature and seal:  CARNIVAL GROUNDS DEVELOPMENT, LLC,  av Virginia limited liability company  By:  (SEAL)  Authorized Signatory  Commonwealth of Virginia, County of Accomack, to-wit:  The foregoing instrument was acknowledged before me this 22nd day of December, 2020, by Gregory DiNardo, Authorized Signatory for Carnival Grounds Development, LLC, on behalf  oft the limited liability company.  Notary Public  My Commission expires:  This document was prepared by: JOHNP. CUSTIS, who isan member oft the VIRGINIA! STATEE BAR, #77861 Onley, Virginia 23418  3    WITNESS the following signature and seal:  TOWN OF ONANCOCK  apolitical subdivision oft the Commonwealth of Virginia  By:  (SEAL)  Matt Spuck, Town Manager  Commonwealth ofVirginia, County of Accomack, to-wit:  The foregoing instrument was acknowledged before me this 22nd day of December, 2020,  by Matt Spuck, Town Manager of the Town of Onancock, on behalf of said Town.  Notary Public  My Commission expires:  Approved as toi form pursuant to Va. Code $15.2-1083.  (SEAL)  John) P. Custis, Esq. Town. Attorney  This document was prepared by; JOHNP. CUSTIS, whoi isar member oft the VIRGINIA STATEI BAR, #77861 Onley, Virginia 23418  4