Town of Onancock Town Council Meeting October 26, 2020 at7:00 p.m. Onancock Town Hall, 15 North St., Onancock, VA: 23417 PHYSICAL DISTANCING AND FACE MASKS ARE/ REQUIRED. ATALL TIMES Agenda 1. Call to order and roll call 2. Pledge of Allegiance 4. Public Business: 3. Consideration and approval of meeting minute from: a. September 28, 2020 Town Council meeting a. Town Council Public Hearings: Public hearing regarding Town Code Section 2-28 which would allow' Town Council members to ii. Public hearing regarding Town Code Section 12-1 which allows for the Town of Onancock to attend meetings remotely under certain and limited circumstances ii. Public hearing regarding sale of real property, Tax ID # 85A2-A-158 declare a local state ofe emergency b. Resolution to allow Town Manager authority to proceed with the sale of property Tax ID# #85A2-A-158 with the execution of deeds and instruments to follow Town Code Section 2-3, Execution of deeds and Motion to accept the written bid from Murtech, Inc., which responded to the properly published and executed sealed bid process for the Onancock' Wharf Boat Ramp Renovations project. instruments, signing of checks 5. Council Discussion: a. Police Department: 3-year plan Resolution to state Town intent to apply for loans and grants to purchase two police vehicles using both USDA loan and grant funds 34-176, Water and Sewer Adjustments Discuss Town Code. Article III, Vehicle License d. Discuss Town Code 38-206, Permitted Use of Wharf Facilities b. Discuss Town Code Sections 34-10, Trash collection fee; utility billing; disconnection; private usage, and 6. Public comment 7. Committee Reports: a. HRSD (Bob Bloxom) b. Waterfront (Bob Bloxom) Planning Commission (Bob Bloxom) d. Personnel (Catherine Krause) e. Strategic Planning (Fletcher Fosque) 8. Mayor's report 9. Town Manager's report 10. Council comments 11. Closed session (if required) 12. Adjourn View meeting online by clicking the YouTube icon at the bottom oft the Town's website www.onancock.om. Please note there is a. 30-second delay. Send any questions or comments to MotspldPongncrkcon to be read aloud during the appropriate time on the agenda. Town of Onancock Town Council September 28, 2020 7:00 p.m. Call to Order and Roll Call: Mayor Fosque called the meeting to order at7:00 p.m. and roll was called. Mayor Fletcher Fosque and Councilmembers Robert Bloxom, Joy Marino, Catherine Krause, Ray Burgerand Maphis Oswald were present. All members were present, and a quorum was established. The Pledge of Allegiance was recited. Mayor Fosque shared his cell phone number with those noti in attendance due to the COVID-19 pandemic that way they could still participate int this evening's public hearing. Mayor Fosque also shared that Friday, October 2, 2020 the Accomack County Circuit Court would be hearing Hampton Roads! Sanitation District's petition to allow Accomack County into their service area. Consideration and Approval of the August 24, 2020 Regular Town Council Meeting: Mayor Fosque asked if there were any changes or correction. With none, Councilmember Krause made a motion to approve the minutes as written. Councilmember Oswald: seconded the motion. The motion, passed by unanimous voice vote. Public Business: a. Town Council Public Hearing - Special Use Permit, 7 Ames Street: Mayor Fosque opened the public hearing at 7:02 p.m. Mr. Spuck. shared that the homestay application meets the minimum requirements for approval. At few restrictions have been identified though: maximum ofs six-guests; and, ample driveway parking for upi to three cars. Mr. Kirkpatrick, owner and Mayor Fosque read two letters from adjacent property owners that were unable to attend 1. Brian Steward, 9 Ames Street, stated that the property in its current condition is a blight in an otherwise tidy area of Mt. Prospect. Mr. Steward listed several complaints about Mr. Kirkpatrick's previous long-term renters along with complaints about the unkept yard, the poor condition oft the porch and the birds that reside under the siding. 2. Gregory & Patsy Felthousen, 5 Ames Street, shared their plan to retire to Onancock but their concern over Mr. Kirkpatrick'sp previous long-term renters, citing clothes being strewn about the yard for days on end, the renters "borrowing" other neighbor's lawn furniture when away, mold, and lack ofy yard maintenance. Mr. & Mrs. Felthousen stated that there should be more regulations to bei inj place before allowing Mr. Kirkpatrick to rent this property ona applicant, made no comments. tonight's public hearing. short-term basis. Mayor Fosque opened the floor to public comment. Mr. Robert Roberts, 13 Ames! Street, shared that they have been residents oft town for a year and half. During that time, iti has been obvious that Mr. Kirkpatrick is noti interested ini the maintenance and upkeep of the property. There are frequently too many cars parked on the 1 property and along Ames Street, some of which did not appear to be registered. Mr. Roberts continued to state that while Aribnbs can be great especially since Onancocki is ac cool little town, hei is concerned that Mr. Kirkpatrick is the wrong landlord to be granted approval for this purpose. There would need to be real time supervision oft the property and its renters. Approval of this permit would essentially "stick it" to the neighboring houses and bad short- term renters would be gone before resolutions could bet found. Mr. Roberts stated that he feels Mrs. Patsy Felthousen, 5 Ames! Street, stated that she has no problems with. Airbnbs but feels that there are other businesses located in the town that are better equipped to satisfy those short-term renters needs. Mrs. Flethousen also reiterated the concerns over parking on the lawn at7 Ames Street and the lack of responsible ownership of Mr. Kirkpatrick. Mayor Fosque closed the public hearing at 7:14 p.m. and opened the floor to council comment. Councilmember Marino asked ifa homestay landlord could revert to al long-term landlord. Could the landlord max out their six-person rental allotment in the special use permit and then rent to however many people on al longer basis? Councilmember Marino also expressed concern that the adjacent property owners were not notified of this public hearing like the Town Code requires. Mr. Spuck explained that adjacent property owners were sent notices as Councilmember Krause shared that there appears to be two considerations. One being regulatory, which the applicant does meet the minimum criteria. The other speaks to the integrity of the community. The dwelling is not upi to the community standard and cars are parked all over thei front yard. Allowing this owner, a special use permit for a homestay does Mayor Fosque stated that the parking is a problem. The drivewayi is too narrow and extremely close to the neighbors. Mayor Fosque also explained that the Town Code does not require the Councilmember Oswald stated that the Town Code clearly grants homeowners a right to livei in their homes with peace and quiet. Homeowners should be comfortable in their own homes. Approval of this special use application would interfere with the peace and comfort ofi its neighbors. Councilmember Oswald also expressed concern over the parking oft three vehicles in Councilmember Bloxom agreed with Councilmember Krause'sassessment of the two issues at hand; regulatory and the integrity of the community. Councilmember Bloxom also stressed the fact the neighbors have come out in full force against the approval of this application. Councilmember Krause made a motion to deny the application, for a. Special Use Permit that allows 7Ames Street to be used as a Homestay property. for the reasons detailed in the minutes oftonight'smeting. Councilmember Oswald seconded the motion. Aroll call vote was taken. that homestays should be owner-occupied. prescribed in the Town Code. not seem like something council should approve. ownert to live at the property while using it as a homestay. the driveway. Robert Bloxom YES/NO Maphis Oswald YES/NO Catherine Krause Ray Burger 2 YES/NO YES/NO Joy Marino YES/NO b. Approve Appropriation of Second CARES Act Funding - Matt Spuck, Town Manager: Mr. Spuck explained that the Town is receiving a second allocation of CARES Act funds. Mr. Spuck shared with council his plans to spend the funds at the August council meeting. Mr.Spuck asked that council approve the expenditures as detailed in tonight's Agenda Packet. Mayor Fosque asked ift there were any questions about Mr. Spuck's proposed expenditures. Councilmember Krause asked for clarification on the proposed expenditure for upstairs renovations. Mr. Spuck explained that this is a way for the town to be able to open up that space for community use. The space is large enough for physically distanced learning. The town has reached out to local school system and the community college who both agreed that this space could help them implement their education plans. Primarily this expenditure relates to electrical work that needs to be done to the building so it can handle additional electrical use. Councilmember Marino asked about making the building handicapped accessible. Mr.Spuck explained thati it was his hope that the town could receive FEMA, grant funding ini the future to Councilmember Bloxom made a motion to approve the appropriation oft the second distribution OfCARES Actj funds as detailed in the materials for this evening's regular meeting, item 4b on the agenda. Councilmember Krause seconded the motion. The motion, passed by unanimous voice help pay to make this building ADA Complaint. vote. Council Discussion: a. Consider the process to be used to review and possibly alter Town Code: Mr. Spuck shared a timeline with council for reviewing Town Code. Mr. Spuck explained the process, which will take approximately four months to complete per item reviewed. Councilmember Oswald asked if the expectation was for council to review the entire Code book. Mr. Spuck shared that council would not need to comment/change every code but there are a few codes that keep coming up a lot and revisions and enhancements would be helpful when managing those sections. Mr. Spuck explained that as the town grows, and changes, sO will the Councilmember Oswald asked if council could review the Town Code items in Work Sessions as opposed to Regular Meetings. Mayor Fosque suggested that council attempt to review code in the regular meetings sO that the individual members do not get burned out on several meetings Mr. Spuck shared that Municode has sent the draft code changes to him which he will distribute for council review shortly. Mr. Spuck stated that it would be a great opportunity for council to Mayor Fosque suggested that they attempt to review code during the regular council meetings. code. amonth. select items to review with the full council. 3 b. Consider the water source and cost to Town owned buildings: Mr. Spuck explained that at the previous council meeting there was discussion regarding the plantings that are, going in around the Samuel Outlaw Blacksmith Shop and the water needed to properly care fori them. Through a grant, the town willl be planting 35 bushes/trees on that property. Town staff looked into the cost of digging a well which is in excess of $4,000. Public Works Director, Bryan Horton, uncovered an old water meter that was on the property that had, at one point, serviced al house at that location. The meter works andi is ready for use although it isc currently locked. Mr. Spuck asked council for direction on whether the services would be billed to the Samuel Outlaw Blacksmith Shop 501c3 or would the services remain as a town expense since it is the town's property. Discussion of other town owned properties and their renters ensued. Councilmember Oswald asked how often the water would be used since there are no restroom facilities in the Blacksmith Shop. Mr. Spuck confirmed thati it would only for the plantings and Town Council verbally agreed to allow them to use town water for the plantings at no charge to until they are mature enough to survive on their own. them. Public Comment: Mrs. Priscilla Hart, Market Street, expressed her concern overt the recent flushing of a fire hydrant on Market Street, stating that had she known this activity was going to be happening that day that she would have not been partaking in certain activities that day. Mrs. Hart asked that residents be notified ahead of time in the future. Mr. Spuck explained that this was not a scheduled activity and that there was a seweri issue down by the wharf and one of the methods Public Works uses to correct sewer issues is toj jet water through the line. The other times hydrants are opened is whent the Onancock Volunteer Fire Department uses that water. Mr. Spuck shared that he has already reached out to Fire Chief Adam James asking that the town be alerted in enough time to make the residents aware of potential water issues on those days. Mrs. Hart suggested that during an unscheduled hydrant flush that the surrounding homes be told in person by al Public Works staff member. Mr. Spuck further explained that approximately 200 homes were affected so just knocking on the immediate neighbors' doors is not effective enough. Mr. Spuck continued to share that the town is in the process of creating a robust database of residents' email addresses and/or cell phone numbers sO that when things like this happen Mr. Clinton Strand, Pine Street, thanked council for agreeing to not charge the Samuel Outlaw Blacksmith Shop 501c3 group for their water usage. Mr. Strand also thanked council for their continued the town can reach out to a broad groups of people as quickly as possible. hard work in the Northeast: Section of town. Committee Reports: a. HRSD Report, Councilmember Robert Bloxom: Councilmember Bloxom shared that the committee had their first meeting on September18, 2020. They discussed potential negotiation strategies which will be shared in more detailed during Town Council's closed session tonight. Councilmember Bloxom also shared the names and resumes of the potential law firms that the town could retain to help during the negotiations. The law firm of Pender & Coward in' Virginia Beach have been identified as the potential best match for the town. The committee is also asking that council appropriate 4 $25,0001 to retain Pender & Coward. Mr. Spuck explained that town has amble reserves to cover this expense. Councilmember Bloxom shared that it is the committees hope that as part of the HRSD negotiations that HRSD will cover the cost of legal counsel but in case they do not the Councilmember Bloxom made a motion to engage Pender & Coward for the upcoming negotiations with HRSD and that town appropriate. $25,000 for possible legal fees incurred. Council discussion followed. Councilmember Oswald asked for clarification on the reserve funds that were mentioned as the potential funding source. Councilmember Bloxom explained that the town has reserve funds that are not part of the escrowed funds required as part of our bonds. Mr. Spuck also shared that water revenues are up sO far1 this year and that could help town will need to have funds available. Councilmember Krause. seconded the motion. cover this expense. All members approved the motion by unanimous voice vote. b, Waterfront Report, Councilmember Robert Bloxom: Councilmember Bloxom explained that Town Manager, Matt Spuck, and Harbormaster, Craig Tanner, have drafted language which will allow for local residents to tie up at the wharf fora short time, maximum of four-hours, at no charge. They are required to check in with the wharf staff, staff will then direct them into an empty slip. Any time over four-hours is charged ata a Councilmember Oswald stated that she noticed that the harbor was full this past weekend, was there anything special done to promote the marina for this weekend. Mr. Spuck explained that it was the Urbana Yacht Club which comes to town at least once a season. Mr. Spuck shared that the town is capturing these clubs and their members contact information fori future nominal fee. marketing efforts. Planning Commission Report, Councilmember Robert Bloxom: Councilmember Bloxom shared that at the last Planning Commission meeting the commission discussed the following Town Code items: trash, weeds, overgrown vegetation, and vehicles. Councilmember Bloxom explained that the commission had a robust conversation centered around these topics which unveiled a lot ofi intricacies involved with potential code changes and their enforcement efforts. Councilmember Bloxom shared that Town Manager, Matt Spuck, has been tasked with reaching out to other localities to see how they address these issues. d. Personnel Committee Report, Councilmember Catherine Krause: e. Strategic Planning Report, Mayor Fletcher Fosque: No meeting. Mayor Fosque explained that the committee has not been fully formed. Mr. Spuck explained that he anticipates thati there will be two community members and one business member added to this committee along with the addition of one council member. Mayor Fosque asked for the list of those individuals interested. Mr. Spuck shared that Mrs. Carol Tunstall and Mr. Robert Spoth have expressed their interest in joining this committee. Mr. Spuck declined to share the 5 name of the business owner since they have not yet confirmed their interest. Councilmember Krause suggested that the new council member, Thelma Gillespie, be added to this committee. The council verbally agreed to Mrs. Carol Tunstall, Mr. Robert Spoth and Councilmember Thelma Gillespie, along with Mayor Fosque (committee chairperson). and Matt Spuck, Town Manager serve as the Strategic Planning Committee. Mayor's Report: (Mayor Fosque gave his report before the Committee Reports Section oft the Agenda.) Mayor Fosque shared that the Onancock Main Street Initiative was granted, by the Governor, its full designation. Mayor Fosque congratulated the group: stating that all their hard work paid off. Mayor Fosque shared that he attended the VML Mayor's Institute last week online. Most of1 the conversations centered around the COVID-19 pandemic and that most of the towns are reporting good numbers on meals tax and the like. VML also has another virtual conference coming up soon and Mayor Fosque also shared that Councilmember Shyreka Riley has resigned from her seat. Unfortunately, she did not have the time available to invest in Town Council since she is working on building her new business. Per Town Code, Town Council must appoint a member to the vacant seat who must then run for reelection at the next Town Council general election in 2022. Mayor Fosque shared that there are at fewi individuals interested int the position, Carol Tunstall and Thelma Gillespie. Councilmember Oswald nominated Thelma Gillespie. Councilmember Marino seconded the nomination. council members should attend ifi interested. Councilmember Burger stated that he did not know Ms. Gillespie. four inj favor, Councilmember Burger abstained. The motion passed. Mr. Spuck highlighted the following items of his report: Council voted on the nomination of Thelma Gillespie; Councilmember Bloxom, Krause, Marino & Oswald Town Manager's Report: Oak Tree Project behind the Roseland Theatre willl begin Monday with the cleaning of the Wharf Ramp Project update: Four contractors have requested bid packets and on Thursday there will be a pre-bid meeting at the wharf. Final bids are due back to Town Hall on October 8, 2020 at 4:00 p.m. at which time Mayor Fosque will open the bids for review. The lowest qualified bidder will be selected and then their references will be checked. South Street Pump Station: The generator is failing, and the Public Works Department is doing everything they can to repair it, but it may not be enough. The cost to replace this generatori is substantial and Mr. Spuck wanted council to be aware of the potential expense. Sewer Line Repair at the Wharf: Since the Public Works Department was not able to unclog the line, they rented a camera to scope the line and it was discovered that the old terracotta line has collapsed onto itself. The Public Works Department will be doing this repair in house and all neighboring homeowners have been alerted to the repair. During the repair homeowners will not be able to use water. The plan is to make the repair this Thursday, 10/1/20. canopy. All surrounding neighbors have been alerted to the work. 6 Halloween: The CDC recently released its opinion on Halloween events during the COVID-19 pandemic. They are asking that people not participate in trick-or-treating, hayrides, trunk-o- treats or parties. Mr. Spuck has created al letter to this effect to be distributed to all residents of Onancock. The letter is also asking town residents to sign up to be a part of the town's database. Council discussion ensued. Mr. Spuck explained that thisi is a unique time and if someone chooses to distribute candy there willl be noi fines and no one to enforce the CDC guidelines but that town should maintain a clear position on the holiday. Councilmember Marino asked what the other communities are doing for Halloween. Mr. Spuck shared that they are all doing similar things to Onancock. Council agreed to send the letter but asked Mr. Spuck Resignation oft the Town Attorney, John Custis: Mr. Custis has resigned but has also agreed to stay in place until a new attorney could bei identified. Mr. Spuck shared that there isap prospect, but he wanted to vet thisi individual further before bringing them before council. to better outline the CDC's guidelines. Council Comments: sentiment. Councilmember Krause welcomed Ms. Thelma Gillespie to Town Council. All members mimicked her Closed Session (ifr required): Councilmember Bloxom made a motion to enter into a closed: session of Town Council pursuant to 52.2- 1. To discuss the job performance of the Town Manager as it relates toi the 90-day probation period 2. To discuss the disposition of real property located at 23656 North: Street and 9. Justis Street. Councilmember Krause seconded the motion. The motion passed by unanimous voice vote. Councilmember Bloxom made a motion to end the Closed. Session of this regular meeting of the Onancock Town Council and certify by roll call vote that the items discussed in the closed: session align with the purpose. stated in motion made in public. session. Councilmember Oswald: seconded the motion. 3711 of Virginia Code to discuss two matters: included in the employment agreement; Town Council convened closed session at 8:26 p.m. Roll Call Vote: Robert Bloxom YES/NO Maphis Oswald YES/NO Joy Marino YES/NO Adjourn: Catherine Krause Ray Burger YES/NO YES/NO Councilmember Bloxom made a motion to adjourn the. Councilmember Krause seconded the motion. The motion passed by unanimous voice vote. The meeting adjourned at 9:12 p.m. Fletcher Fosque, Mayor Lisa Fiege, Deputy Clerk 7 Sec. 2-29. Remote Participation. An member of Council may participate electronically if he or she cannot attend due to a temporary or permanent disability, other medical condition, or due to an emergency or personal matterandi the public records (minutes) reflect that fact. The remote location of the council member need not be open to the public. The minutes shall record the reason for the member's absence and the remote location from which the member participated. The remote participant must be heard by all persons at the primary meeting location. The ability to attend meetings remotely is available equally to all members of Council and the Mayor. A member's remote attendance may be disapproved by a vote oft the member's attending the meeting in the physical location if the remote attendance violates this policy in any material way. The disapproval must be noted in the meeting minutes. An individual may participate electronically no more than two meetings per year if the reason is for a personal emergency or personal matter. The body must maintain a physical quorum for the meeting. A member attending electronically may vote but may not be considered int the meeting'sq quorum. All votes made when a member attends electronically must be by individual roll call. $2.2-3708.2 Sec. 12-1: Declaration of a State of Emergency 544-146.21. Declaration ofl local emergency. A. Alocal emergency may be declared by the Town Manager, hereinafter "Local Director of Emergency Management" with the consent of the Town Council of the Town of Onancock. In the event the town council cannot convene due to the disaster or other exigent circumstances, the director, ori in his absence, the Mayor, hereinafter "deputy director," or ini the absence of both the director and deputy director, the Chief of Police may declare the existence ofa a local emergency, subject to confirmation by the Town Council at its next public meeting or ata special meeting within 45 days of the declaration, whichever occurs first. The Town Council, when in its judgment all emergency actions have been taken, shall take appropriate action to end the declared emergency. The declaration and end of declared state of emergency: shall be voted on in public session of a Town Council meeting, whether normally scheduled or special B. A declaration of al local emergency as defined in S 44-146.16 shall activate the local Emergency Operations Plan and authorize the furnishing of aid and assistance thereunder. Whenever: al local emergency has been declared, the director of emergency management of the Town of Onancock or the Mayor of the Town of Onancock in the absence oft the director, ifs SO authorized by the Town Council, may control, restrict, allocate or regulate the use, sale, production and distribution of food, fuel, clothing and other commodities, materials, goods, services and resource systems which fall only within the boundaries oft the jurisdiction and which do noti impact systems affecting adjoining or other political subdivisions, enter into contracts andi incur obligations necessary' to combat such threatened or actual disaster, protect the health and safety of persons and property and provide emergency assistance to the victims ofs such disaster, and proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, and other expenditures of public funds, provided such funds in excess ofappropriations in the current approved budget, unobligated, are available. Whenever the Governor has declared a state of emergency, each political subdivision affected may, under the supervision and control of the Governor or his designated representative, enteri into contracts and incur obligations necessary to combat such threatened or actual disaster beyond the capabilities of local government, protect the health and safety of persons and property and provide emergency assistance to the victims ofs such disaster. In exercising the powers vested under this section, under the supervision and control oft the Governor, the political subdivision may proceed without regard to time-consuming procedures and formalities prescribed by law pertaining to public work, entering into contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, levying of taxes, and appropriation and D. No interjurisdictional agency or official thereof may declare a local emergency. However, an interjurisdictional agency of emergency management shall provide aid and services to the affected political subdivision authorizing such assistance in accordance with the agreement as a None of the provisions of this chapter shall apply to the Emergency Disaster Relief provided by the American Red Cross or other reliefagency solely concerned with the provision of service at session. expenditure of public funds. result of a local or state declaration. no cost to the citizens oft the Commonwealth. 544-146.16. Definitions. As used in this chapter, unless the context requires a different meaning: Communicable disease of public health threat" means an illness of public health: significance, as determined by the State Health Commissioner in accordance with regulations of the Board of Health, caused by a specific or suspected infectious agent that may be reasonably expected or is known to be readily transmitted directly or indirectly from one individual to another and has been found to create a risk ofdeath or significant injury or impairment; this definition shall not, however, be construed to include human immunodeficiency, viruses or tuberculosis, unless used as al bioterrorism weapon. "Individual" shall include any companion animal. Further, whenever "person or persons" is used in Article 3.02 (S 32.1-48.05 et seq.) of Chapter 2 ofTitle 32.1, it shall be deemed, when the context "Cyber incident" means an event occurring on or conducted through a computer network that actually ori imminently jeopardizes the integrity, confidentiality, or availability of computers, information or communications systems or networks, physical or virtual infrastructure controlled by computers or information systems, or information resident thereon. "Cyber incident" includes a vulnerability in information systems, system security procedures, internal controls, or implementations that could be "Disaster" means (i) any man-made disaster, including any condition following an attack by any enemy ori foreign nation upon the United States resulting in substantial damage of property or injury to persons int the United States including by use of bombs, missiles, shell fire, or nuclear, radiological, chemical, or biological means or other weapons or by overt paramilitary actions; terrorism, foreign and domestic; cyber incidents; and any industrial, nuclear, or transportation accident, explosion, conflagration, power failure, resources shortage, or other condition such as sabotage, oil spills, and other injurious environmental contaminations that threaten or cause damage to property, human suffering, hardship, or loss of life and (i) any natural disaster, including any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, drought, fire, communicable disease of public health threat, or other natural catastrophe resulting in damage, hardship, suffering, or possible loss ofl life. "Discharge" means spillage, leakage, pumping, pouring, seepage, emitting, dumping, emptying, "Emergency" means any occurrence, or threat thereof, whether natural or man-made, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property or natural resources and mayi involve governmental action beyond that authorized or contemplated by existing law because governmental inaction fort the period required to amend the law to meet the exigency would work immediate and irrevocable harm upon the citizens or the environment of the "Emergency services" means the preparation for and the carrying out of functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injuryand damage resulting from disasters, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions. These functions include, without limitation, firefighting requires it, to include any individual. exploited by a threat source. injecting, escaping, leaching, fire, explosion, or other releases. Commonwealth or some clearly defined portion or portions thereof. services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical, and other special weapons defense, evacuation of persons from stricken areas, emergency welfare services, emergency transportation, emergency resource management, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection. These functions also include the administration of approved state and federal disaster recovery and assistance programs. "Hazard mitigation" means any action taken to reduce or eliminate the long-term risk to human life and "Hazardous substances" means all materials or substances that now or hereafter: are designated, defined, or characterized as hazardous by law or regulation of the Commonwealth or regulation of the 'Inter/urisdictional agency for emergency management" is any organization established between contiguous political subdivisions to facilitate the cooperation and protection oft the subdivisions in the "Local emergency" means the condition declared by the local governing body when in its judgment the threat or actual occurrence of an emergency or disasteri is or threatens to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship, or suffering threatened or caused thereby, provided, however, that a local emergency arising wholly or substantially out of a resource shortage may be declared only by the Governor, upon petition of the local governing body, when he deems the threat or actual occurrence of such an emergency or disaster to be of sufficient severity and magnitude to warrant coordinated local government action to prevent or alleviate the damage, loss, hardship, or suffering threatened or caused thereby, and provided, however, nothingi in this chapter shall be construed as prohibiting a local governing body from the prudent management of its water supply to prevent or manage a water shortage. "Local emergency management organization" means an organization created in accordance with the provisions of this chapter by local authority to perform local emergency service functions. "Major disaster" means any natural catastrophe, including any: hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought, or regardless of cause, any fire, flood, or explosion, in any part of the United States, which, int the determination oft the President of the United States is, or thereafter determined to be, of sufficient severity and magnitude to warrant major disaster assistance under the Stafford Act (P.L.93- 288 as amended) to supplement the efforts and available resources of states, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby and is "Political subdivision" means any city or county int the Commonwealth and, for the purposes ofthis chapter, the Town of Onancock: and any town of more than 5,000 population that chooses to have an emergency management program separate from that of the county in which such town is located. "Resource shortage" means the absence, unavailability, or reduced. supply of any raw or processed natural resource or any commodities, goods, or services of any kind that bear a substantial relationship to the health, safety, welfare, and economic well-being of the citizens of the Commonwealth. property from natural hazards. United States government. work of disaster prevention, preparedness, response, and recovery. sO declared by him. "State of emergency" means the condition declared by the Governor when in his judgment the threato or actual occurrence ofa an emergency or a disaster in any part oft the Commonwealth is ofs sufficient severity and magnitude to warrant disaster assistance by the Commonwealth to supplement the efforts and available resources of the several localities and relief organizations in preventing or alleviating the damage, loss, hardship, or suffering threatened or caused thereby and is SO declared by him. 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 15 North. Street Onancock, VA23417 757-787-3363 www.Onancock.com TOWN OF ONANCOCK, VA NOTICE OF PUBLIC HEARING ONANCOCK TOWN COUNCIL October 15, 2020 To: Adjacent Property Owners Re: Public Hearing on sale of real property owned by Town of Onancock Dear Sir or Madam: This letter is to notify you that the Town Council for the Town of Onancock will hold aj public hearing on the above referenced item on Monday, October 26, 2020 at 7:00 PMi in the Council Chambers of the Town Hall located at 15 North Street, Onancock, VA 23417. 85A2-A-158 The Town of Onancock owns the real property with the tax map number 85A2-A- 158 located on the east side ofJustis Street immediately. south of numbers 5 and 7. Currently, the Town uses this property to house old and rarely used fixtures and equipment. The Town would like to. sell this propertyforr residential development with the condition that easements are given at no cost to immediate neighbors at numbers 5 and 7 for the shared driveway as well as an easement for a small portion of the east end of the propertyfor use by 7Justis. Without this sale, the Town will likely need to use the property for additional storage of vehicles, equipment, and fixtures. The Town wishes to preserve the residential character of the neighborhood, which this A copy of the zoning map and staff report are available for review upon request. Questions or comments may be directed to Matt Spuck, Town Manager, at 757-787-3363, or email at Should you have any questions about this notice, feel free to contact me at your convenience. sale would ensure. Matt.Spuck@Onancock.com. Sincerely, Matt Spuck Town Manager RESOLUTION OF TOWN COUNCIL 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 BE IT HEREBY RESOLVED that the Town of Onancock intends to investigate the possibility of disposing real property owned by the Town of Onancock (Tax ID # 85A2-A-158) in accordance with Code of Virginia $15.2-1800, and BE IT FURTHER RESOLVED that the Town Manager of the Town of Onancock be authorized to proceed on behalf of the Town Council, the above-referenced transaction, in accordance with Town Code Section 2-3, Execution of deeds and instruments, signing of checks. This Resolution is hereby entered into the permanent minutes oft the meetings ofthis Town Council. TOWN OF ONACOCK [ENTITY NAME] [SIGNATURE AND TITLE] By: Attest: [SIGNATURE AND1 TITLE] CERTIRICATION 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 Code of Virginia Title 15.2. Counties, Cities and' Towns Chapter 18. Buildings, Monuments and Lands Generally S - 15.2-1800. Purchase, sale, use, etc., ofr real property A.AI locality may acquire by purchase, gift, devise, bequest, exchange, lease as lessee, or otherwise, title to, or any interests in, any real property, whetheri improved or unimproved, within its jurisdiction, for any public use.. Acquisition of any interest ini real property by condemnation is governed by Chapter 19 (S 15.2-1901 et seq.). The acquisition of a leasehold or otherinterest in a telecommunications tower, owned by a nongovernmental source, for the operation of a locality'swireless: radio communications systems shall be governed by this B. Subject to any applicable requirements of Article VII, Section 9 oft the Constitution, any locality may sell, at public or private sale, exchange, lease as lessor, mortgage, pledge, subordinate interest in or otherwise dispose ofi its real property, which includes the superjacent airspace (except airspace provided fori in $ 15.2-2030) which may be subdivided and conveyed separate from the subjacent land surface, provided that no such real property, whetheri improved oru unimproved, shall be disposed of until the governing body has held a public hearing concerning such disposal. However, thel holding ofa a public hearing shall not apply to (i) the leasing of real property to another public body, political subdivision or authority oft the Commonwealth or (ii) conveyance ofs site development easements, or utility easements related to transportation projects, across public property, including, but not limited to, easements for ingress, egress, utilities, cable, telecommunications, storm water: management, and other similar conveyances, that are consistent with the local capital improvement program, involving improvement of property owned by the locality. The provisions of this section shall not apply to the vacation of public interests ini real property under the provisions of Articles 6(S 15.2-2240 et C.A city or town may also acquire real property for a public use outside its boundaries; a county may acquire real property for a public use outside its boundaries when expressly a authorized by D.Al locality may construct, insure, and equip buildings, structures and other improvements on E.. A locality may operate, maintain, and regulate the use ofi its real property or may contract with Notwithstanding any contrary provision ofl law, general or special, no locality providing access and opportunity to use its real property, whether improved or unimproved, may deny equal access or a fair opportunity to use: such real property to, or otherwise discriminate against, the Boy Scouts of America or the Girl Scouts of thel USA. Nothing in this paragraph shall be construed to1 require any locality to sponsor the Boy Scouts of America or the Girl Scouts oft the USA, or to exempt any such groups from local policies governing access to and use of a locality'sreal property. The provisions ofthis paragraph applicable to a locality shall also apply equally to any F.This section shall not be construed to deprive the resident judge orj judges oft the right to chapter. seq.) and' 7 (S 15.2-2280 et seq.) of Chapter 22. law. real property owned orl leased by it. other persons to do SO. local governmental entity, including a department, agency, or authority. 10/19/2020 control the use ofthe courthouse. G. "Public use" as used in this section shall have the same meaning as in $1-219.1. Code 1950, $ 15-692; 1962, C. 623, S 15.1-262; 1968, C. 418; 1974, C. 282; 1977,c.2 269; 1979, C. 431; 1980, CC. 212, 559; 1984, C. 241; 1986, CC. 477, 573; 1990, C. 813;1997, c. 587;1998, C. 696; The chapters of the acts of assembly referenced in the historical citation at the end ofthis section may: not constitute a comprehensive list of such chapters and may exclude chapters whose 2005, C. 822;2006, C. 57;2007, Cc. 882, 901, 926;2017, C. 401. provisions have expired. 2 10/19/2020 Sec. 2-3. Execution of deeds and instruments; signing of checks. All deeds for the conveyance or exchange ofthe property ofthe town and all agreements or other instruments requiring the seal of the town tol be affixed thereto shall, when authorized by the mayor and council, be signed in the name oft the town by the mayor, with the seal oft the town affixed thereto, and attested by the town clerk. All checks shall be countersigned by the mayor and the town manager, or, ini the absence oft the mayor, by the vice- mayor or ai member oft the town council, and the town manager, or, in the absence of both the town manager and the mayor, by two authorized members oft the town council. (Code 1989, $2-3) J.W.SALM ENGINEERING, INC. P.O. Box 397 9842 Main Street, Suite 3 Berlin, MD 21811 October 15, 2020 Mathew Spuck Town Manger Town of Onancock 151 North St. Onancock, VA 23417 phone: 410.641.0126 e-mail: comments@)wse.com Re: Bid Report- Onancock Wharf Boat Ramp Revisions, Town of Onancock, Accomack County, Virginia Dear Mr. Spuck, Bids have been received by Town of Onancock for the Onancock Wharf Boat Ramp Project. One bid was received. This bid has been reviewed by. J. W. Salm Engineering, Inc. The Bid price is $221,464 with the contingency items but without the performance bond. This Bid was The bid was reviewed and it was determined that it was responsive to the requirements in the Scope of Work. Murtech, Inc. has recently constructed several projects for Accomack County that were designed by. JWSE. Additionally, JWSE contacted some of the additional provided references, all were freely offered and were highly favorable. Based upon this reference check Based on our review and findings, JWSE recommends award ofthis work to Murtech, Inc. JWSE remains available to respond to any comments or to answer any question on this matter. submitted by Murtech, Inc., Salisbury, Maryland. JWSE believes that Murtech Marine Division is a responsible bidder. Very truly yours, .w. SALM ENGINEERING, INC. By: John AL. Salm, 399 John W. Salm, III, P.E. President 10/15/20 www.jwse.com Town Council: Bob Bloxom Ray. Burger Catherine Krause Joy Marino Maphis Oswald Mayor: Fletcher Fosque Town Manager: Matt Spuck ONANCOCK Livg it Love it VIRGINIA FOUNDED1680 15N North Street Onancock, VA 23417 757-787-3363 www.Onancock.com Onancock Wharf Boat Ramp Renovations IFB #: 2020-09 AluezuZa 424 Mue SREET SASBNAy, mDaiso! Matt Spuck, Town Manager, Onancock, VA 9/18/20 Contained herein are Bid Forms, General Terms and Conditions, and instructions to Bidders Town Council: Bob Bloxom Ray Burger Catherine Krause Joy Marino Maphis Oswald Mayor: Fletcher Fosque Town Manager: Matt. Spuck ONANÇOCK Live it Love it VIRGINIA FOUNDED1680 Town of Onancock 15NorthSireet Onancock, VA23417 757-787-3363 www.Onancock.com 15 North Street, Onancock, Virginia 23417 Telephone: (757) 787-3363 fax: (757)787-3309 FB#202003-Omencoc: Wharf Boat Ramp Renovations The Town of Onancock is seeking sealed bids from renovations to the Onançock Wharf Boat Ramp located at qualified the Work shall include the demolition of an existing boat ramp and package, and as shown on the drawings prepared Wharf Boat Ramp" dated: August 2020. Virginia licensed contractors for end of Market Street near King Street. 61-foot long, 1-foot clear width, boat ramp and a new 63.5-foot bulkhead, the construction ofar new facing of up to. 105 linear feet of existing bulkhead. All work is long bulkhead along with the re- detailed and described in the bid byJ.W. Salm Engineering, Inc., titled: "Onancock *Work shall be completed 180 days after award of contract. Sealed bidsr must be delivered tot the Onancock Town Hall Office, bids received by the due date and time willl be publicly or may be mailed to same before Friday, October 8: at 3:00 PM. 15 NorthStreet, Onancock, VA234171 at 151 North Street, Onancock, VA. Bids received after the opened and read aloud in the Council Chambers Immediately thereafter at 4:00P PM, all due date and time willl be returned unopened. Proiect Contact Information: Matt Spuck, Town Manager, Town of Onancock 757-787-3363; Matispuaeonancockcom John Salm, President- -J.W. Salm Engineering 410-251-4066; isalm@iwse.com 2 Town Council: Bob Bloxom Ray Burger Catherine Krause Joy Marino Maphis Oswald Mayor: Fletcher. Fosque Town Manager: Matt Spuck ONANCOCK Live it Love.it VIRGINIA AFOUNDED1680 BID SCHEDULE Base Project Unit Qty. L.S. L.S EA. L.F. EA. LF. LF. 15NorthStreet Onancock, VA. 23417 757-787-3363 www.Onancock.com ltem Unit Cost 35,000 72,984 9 S00 130 14.52 9 205 64 765 56 870 Total Cost 25,000 79284 7300 4885 1845 48460 49 840 1 Demolition and Disposal 2 Construct New Boat Ramp 3 Timber Bukhead Plle Tiel Rod (w Couplers) Platipus or Manta Ray Anchors Bukhead/Whaler, Timber Walkway Re-face Existing! Bukhead Sub-Total, Base Project: 214 714 Add for Performance Bondi for Base Project: 2/9990 Base Proiect-Contingency ltem Unit S.Y. Qty. Unit Cost 25 270 Total Cost ,750 C-1 Pavement Repair & Striping Sub-Total, Base Project + Contingency: 22/464 Add for Performance Bondt for Base Project + Contingency: 227.000 Add/Alt. for West facing Wharf ktem Unit L.F. L.S. Qty, Unit Cost 50 4450 1 6500 Total Cost 73500 6,500 79000 86,975 A-1 Re-face Existing Bulkhead A-2 Timber Walkway Repair Sub-Total, Add/Alt. for West facing Wharf: Add for Performance Bond for Add/Alt for West facing Wharf: Base Project Total: 3/9290, (Numbers) (Words) (Numbers) (Words) (includes Performanca Bond for Base Project) IuaHuigeh MNEZENTae ANE NOREZ Base Project + Add/Alt. for Re-facing West facing Wharf Total: IHPEE HwoREA7Aaste NINE HINDRED. ANv MMETLMLAS N%oe 300,9658 (includes Performance Bond for North and' WestWhar) AN SrAWEAs 3 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Murtech, Inc. 820 Cromwell Park (Here Insert fulln name anda address orl legalt title of Contractor) (Herei insertf full name and address orl legalt tite of Surety) Drive, Ste. J, Glen Burnie, MD: 21061 as Principal, hereinafter called the Principal, and The Ohio Casualty insurance Company 13830 Ballantyne Corporate Place, Charlotte, NC 28277 ac corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto Town of Onancock, 15 North St., Onancock, VA: 23417 as Obligee, hereinafter called the Obligee, in the sum of (Herei insertt fullr name anda address ork legalt title of Owner) Five Percent of Amount bid these presents. Dollars($ 5% for the payment of which sum well and truly to be made, the said Principal and the said ofbid bind ), ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, Surety, firmly by WHEREAS, the Principal has submitted al bid for IFB#2020-09- Onancock Wharf Boat Ramp Renovations (Here Insert full name, address and description ofp project) NOW, with the THEREFORE, in if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract Contract Obligee Documents accordance with the terms of such bid, and give such bond orb bonds as may be specified int the bidding of labor and material with furnished good and in sufficient surety for thet faithful performance ofs such Contract and for the prompt payment or Contract and give such! bond or bonds, the ifthe prosecution thereof, or in the event of the failure of the Principal to enter such between the amount specified in said bid and Principal such larger shall pay amount to the for Obligee which the the difference not to exceed the penalty hereof another party to perform the Work covered by said bid, then this obligation shall be Obligee null and may void, in otherwise good faith remain contract with force and effect. Signed and sealed this to in full 2020 8th day of October - (Principal) (Title) Murtech, Inc. A (Witness) (Seal) teE PoshENT The Ohio Casualty Insurance Company Lee R. Stevens, Attorey-In-Fact Ae Nick Stevens (Seal) (Witness) This bond form complies with ther requirements of American Institute of Architects form AIA document. A310 This Power ofA Attomey limits the acts oft thoser named herein, and they! haver noa authorityto bindt the Company excepti Int ther mannera andt tot thee extent hereins stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Liberty Mutual. SURETY Certificate No: 8202432-969130 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Liberty Mutual Insurance Company Isa corporation duly organizedu under the laws oft the Company of isac corporation duly organized under the laws oft the State of New Hampshire, that undert thel laws oft the Stateo ofl Indiana (hereino collectively caliedi the" Companies"), pursuantt State toandb Massachusetts, and West/ American Insurance Companyi isac corporation duly organized execute, seal, acknowledges and deliver, fora and oni its behalf ass surety anda as ltsa acta and deed, individuallyi all ifthere ber moret than oner named, itst true and lawfula attomey-in-lactt tomake, oft these presents ands shall be as binding upon the Companles asi ifthey have been dulys signed anya and undertakings, bonds, recognizances and others surety obligations, inp pursuance Stevens; Mark A. Congdon; Nicholas J. Stevens by authorily hereins setf forth, does! hereby name, constitute and appoint, LeeR. allofthec clyof persons. Sykesville stateo of MD eachi byt the presidenta and attested by the secretary oft the Companies int their own proper or official oft the Companies andt the corporates seals oft the Companles have been affixed INV WITNESS WHEREOF, this Power of Attomey has been subscribed by ana authorized officer theretot this 25th dayof_ October 2019 NSUR 1912 Liberty Mutuall Insurance Company The Ohio Casuattyl Insurance Company WestAmerican Insurance Company AEnE DavidN M. Carey, Assistant Secretary INSU 1991 NDIANE 1919 By: State ofF PENNSYLVANIA County OfM MONTGOMERY SS Ont this 25th dayo of October 2019 beforer mep personally appeared David M. Carey, who therein containedbys signingo onb behalfo ofthec corporations byh himself asaduly authorizedo officer. Company, The Ohlo Casualty Company, and West American Insurance Company, andi that he, as such, acknowledged authorized himself tob bet the Assistant Secretary ofL Liberty! Mutuall Insurance IN WITNESS WHEREOF, havel hereunto subscribed my name ande afixedr my notarials seal atk Kingo ofP Prussia, Pennsylvanla, ont thec daya andy yearf first above written. being sot toc do, execute the foregoing Instrument fort the purposes PAS Vsy: COMMONWEALTH OFF PENNSYLVANIA Notarisl Seal Teresa Pastella, Notary Public Upper Merion Twp., Monigomery County By: Commission! My Expires March2 28,2021 batll Prew TeresaP Pastella, Public Notary AHY PUDy Member, Pennsylvanla Associationa afNolaries Thls Power of Attomey Is made and executed pursuant to and by authortty of the following By-aws and Authorizations Any officer or other oficial of the Corporation authorlzed for that purpose in writing by the Chairman ort the Presldent, and any ande all undertakings, bonds, recognizances ando other surely obligations. Such attoreys-in-fact, have full power to bindt the Corporation by their signature and execution of any such instruments and subjectt to attach ARTICLE) XII- -E Execution of Contracts: Section5 5. SuretyE Bonds andl Undertakings. Insurance Company, and West Americanl Insurance Company whlchr resolutions arer nowi inf fullf force ande effect reading asf follows: of The Ohlo Casually Insurance Company, Liberty Mutuals Presidentr may prescribe, shall appoints such attomeys-in-fact, asr may ber necessary to act! In! behalf oft the Corporationi tor make, subjectt to such Ilmitation as the Chalrman ort the Instruments shall be as binding asi fs signedt by the Presldent anda attestedt tot by the Secretary. Any power or authority theretot thes seal to oft the Corporation. When so executed, such provisions oft this articler may ber revoked atanyti time byt the Board, the Chaiman, the Presidentorb byt the officer oro oficers granted granting suchp any representative or or attomey-In-act under the E shall appoint such attomeys-in-fect es: may ber nocessary toa acti in behalf oft the Company tor make, execute, subject seal, acknowledge ast and the deliver chairman ort thep president may prescribe, Company byt thelr signature and execution of any such! Instruments andt to attacht theretot the seal of the Company. When s0 powers executed such attomey, instruments shall! havet shall full power tob bindt the facta as may be necessary toa act on behalfo oft the Company to make, execute, seal, acknowledge ando deliver ass surely any ande M. all Carey, Assistant Secretary tos appoints sucha attorneys-in- ARTICLENV-OFFICERS: Section 12. Power of Attomey. tot tnel limitations execute, seai, acknowiedge and deliver as ssurety! set forth Int their respective powers ofa attomey, shall de power authority. Any oflicer oft the Companye authorizedf fort thatp purpose iny writing! by the chairman or thep presldent, ands tos such limitations bonds, recognizances and other surety obligations. Sucha attomeys-In-facts subjectt tot thell Imitations setf forthi int their respective Certificate ofD Designation- TheF Presidento oft the Company, acting pursuantt tot thet Bylaws ofthe Company, authorizes DavidN Authorization- By unanimous consent oft the Company's Board of Directors, the Company consents thatf facsimlle orr mechanically reproduced Company, wherever appearing upon a certified copy of any power ofa attomey issuedb byt the Company inc connection with 1, Renee C. Lewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance hereby certifyt that thec original power of attomey ofw which thef foregolng Isaf full, true and correct copyo oft thei Powerc ofA INTESTIMONY WHEREOF, Thavel hereuntos setr my handa anda affixedt thes seals ofsald Companiest this 8th dayof October 2020 of as surety any and alll undertakings, signedb byt thep presidenta anda attested! byt thes secretary. be as binding asif obligations. undertakings, bonds, recognlzances and other surety shall bev signature valid ofa any assistants secretary oft the surety bonds, and! binding upon the Company with and Americar executed Company, West insurance Company do Attomeye by sald Companles, isnf fulFforce ande effecta and thes samef force ande effect ast thoughr manually affixed. hasr notb beenr revoked. NSUR 1912 INSUR 1991 1919 By:, Bay Renee C.L Llewellyn, Assistant Secretary LMS-12873LMIC OCICV WAICN Muillo Co_062018 Town Council: Bob Bloxom Ray Burger Catherine Krause Joy Marino Maphis Oswald Mayor: Fletcher Fosque Town Manager: Matt, Spuck ONANCOCK Livg it Love it VIRGINIA FOUNDED1680 15North Street Onancock, VA23417 757-787-3363 www.Onancock.com BiditemDeseriptions Prices bid for unit cost items (excluding lump sum items), include and these shall be provided by the Contractor constructionto-SOkor: for the unit reserves the right toa adjust actual quantities ofc Item No. 1: Demolition and Disposal Unit = Lump Sum (L.S.) estimated quantities. The Owner +50%0 ofthe estimated quantities price costs bid. Work: shall include demolition, full removal, and proper disposal site that are to be discarded as part of the planned construction. ofany: to: timber piles, sheet piles, concrete, blocks, asphalt Contractor's sole responsibility to identify and Item No. 2: Construct New Concrete Boat Ramp and all materials from the project Materials include, but are not limited pavement, soil spoils, etc. lfencountered, it is the properly dispose of any hazardous materials found on site during construction. Unit = Lump Sum (L.S.) Work shall include preparation and construction of the new reinforced concrete specified and detailed on the drawings, including all; mobilization, up, cofferdamming, de-watering, positioning, forming, boat ramp as shown, transportation, materials, tools, set- curing, clean-up, adjustment and all appurtenances and hardware, finishing, concrete placement and incidentals, for a complete installation. Item No. 3: Furnish and Install: New 12-inch Diameter, Timber Bulkhead Piles Unit = Each (EA.) Work shall include furnishing and installing: new, 12-inch diameter, treated timber bulkhead shown, specified and detailed on the drawings, including all; mobilization, tools, set-up, hammer or vibratory driving, positioning, hardware, trimming, transportation, materials, allappurtenances: and incidentals, for a complete installation. piles as clean-up, adjustment and 4 Town Council: Bob Bloxom Ray Burger Catherine Krause Joy Marino Maphis Oswald Mayor: Fletcher Fosque Town. Manager: Matt Spuck 15North Street Onancock, VA23417 757-787-3363 www.Onancock.com ONANCOCK Live it Love it VIRGINIA FOUNDED.1680 Item No, 4: Furnish and Install: New, Galvanized, All thread Tie-rod Unit =4 Linear feet (L.F.)-/ Maximum pay length 20 linear feet! foreach tie-rod and when required. including Couplers as applicable installation. Work: shall include furnishing and Installing: new, hot-dip as shown, specified and detailed on the drawings, tools, drilling through existing bulkheads, acomplete installation. Unit = Each (EA.) galvanized steel, all-thread, continuous tie rod, including all; mobilization, transportation, materials, load testing, record-keeping, trimming, set-up, pulling, couplers if and as required, hardware, proof- clean-up, adjustment and all appurtenances andi incidentals, for Item No. 5: Furnish and Install: New, Galvanized, Manta Ray or Platipus Anchors Work: shall include furnishing and installing: new, hot-dip galvanized oft the size required for the specified load, determined by steel, Manta Ray or Platipusanchors detailed on the drawings, including all; mobilization, on-site proof testing, as shown, specified and testing drilling, pulling, couplers if and as required, load-locking, transportation, materials, tools, set-up, proof clean-up, and all appurtenances and incidentals, foracomplete proof-load testing, record-keeping, installation. Item No. 6: Furnish and Install; New Bulkhead, Whaler, Backer Board Unit = Linear feet (L.F.) and Timber System. Work: shalli include furnishing andi installing: new, synthetic: sheet pile and treated all; mobilization, transportation, materials, tools, set-up, backfill, hardware, clean-up and alla appurtenances and incidentals, for a Item No. 7: Furnish and Install: Bulkhead Re-facing clamp boards, timberv walkway, and blocking, as shown, specified and detailed on timberwhalers, backer the drawings, including compaction, temporary shoring, complete installation. Unit = Linear Feet(L.F.) Work shal! include furnishing andi installing: new, Denso Fiber Form and re-using or furnishing new treated timber whalers, backer transportation, materials, toois, set-up, cofferdamming, compaction, temporary shoring, hardware, jackets, Denso Series 500 Grout fill, drawings, including all; mobilization, existing buikhead if and when required, backfill, clean-up and all appurtenances and incidentals, for a and all hardware, as shown, specified and detailed on the clamp boards, timber walkway, blocking, required, drilling through existing bulkheads, cut-off of de-watering, pulling of existing pilings, where complete installation. 5 Town Council: Bob Bloxom Ray Burger Catherine. Krause Joy Marino Maphis Oswald Item No. C-1: Pavement Unit: =S Square Yard (S.Y.) Mayor: Fletcher Fosque Town Manager: Matt Spuck ONANCOCK Live it Love it VIRGINIA FOUNDED1680 151 North Street Onancock, VA 23417 757-787-3363 www.Omancock.com Works shalli include furnishing and installing: new, full-depth pavement repair and solid white pavement placement and compaction, clean-up and all appurtenances and backfill, tools, set-up, kind, where required, including all; mobilization, transportation, striping, in- materials, installation. incidentals, for a complete Item No. A-1: Re-face Existing Bulkhead Unit =L Linear Feet (L.F.) Work: shall include furnishing and installing: new, Denso Fiber Form jackets, Denso and re-using or furnishing new treated timberwhalers, backer as shown, specified and detailed on the drawings, Series 500 Grout fill, clamp boards, blocking, and alll hardware, tools, set-up, cofferdamming, including all; mobilization, transportation, materials, de-watering, pulling of existing pilings, if and when required, throughexisting bukeadk,citoffofestin: bulkhead where required, backfill, compaction, drilling shoring, hardware, clean-up and alla appurtenances and incidentals, for a complete installation. temporary Item No. A-2: Timber Walkway Repair Unit = Lump Sum (L.S.) Work shall include furnishing and installing: new, timber walkway, as shown, specified and the drawings, including all; mobilization, transportation, materials, tools, set-up, shoring, hardware, clean-up and all appurtenances and incidentals, for a complete compaction, installation. temporary detailed on Town Council: Bob Bloxom Ray Burger Catherine. Krause Joy Marino Maphis Oswald Mayor: Fletcher Fosque Town. Manager: Matt Spuck ONANCOCK Live it Love it VIRGINIA FOUNDED1680 BID FORM REFERENCE LIST 15 North Street Onancock, VA 23417 757-787-3363 www.Omancock.com The bidder is required to state, in detail, in the space provided below, work similar she has performed, to give referencesand: such other detailed an accurate assessment oft the bider'sresponsivenes: ini nature that he or information to enable the Towntor make and responsibility contractors inexperienced in this particular type of work will not be considered. regarding this bid. Bids from PACNE EE 7 Murtech, Inc 424 Mill St Salisbury, MD 21801 MURTECH MARINE DIVISION Murtech, Inc - Reference List Company Name: Type of Work: Address: Contact Person: Date of Service: Email: Company Name: Type of Work: Address: Contact Person: Date of Service: Email: Company Name: Type of Work: Address: Contact Person: Date of Service: Email: Cape Charles Yacht Center Company Name: Town of Ocean City New Build - Marina PO Box 395 Dan Brown 2014 Type of Work: Address: Town, State, Zip Code: Ocean Contact Person: Telephone Number: 4433591489 Date of Service: 64th St. Boat Ramp/Parking Lot 301 N. Baltimore Ave. Paul Mauser City, 2016 Town, State, Zip Code: Eastville, VA 23347 Telephone Number: 757-6950265 MD 21842 Danbrownvagmal.com Emall: Worcester County Big Mill Pond Bridge 6113 Timmons RD Frank Adkins 2017 adenseco.worcester.md. Emall: us Somerset County Shelltown Boat Ramp Type of Work: 8981 Signpost Rd. Woody Barnes 2017 Company Name: City of Crisfield Type of Work: Address: Town, State, Zip Code: Crisfleld, MD 21817 Contact Person: Telephone Number: 4109681333 Date of Service: Company Name: Address: Contact Person: Date of Service: Town Depot - Steel Bulkhead 319 W. Main St. Rick Pollitt, Jr. 2015 Town, State, Zip Code: Snow Hill, MD 21863 Telephone Number: 410-632-2244 Rpalr@cisfedciyhslcom Town of Cambridge Long Wharf Park 410 Academy St. Brent Jett 2015 Town, State, Zip Code: Westover, MD 21871 Telephone Number: 410-651-1930 Town, State, Zip Code:Cambridge, MD 21613 Telephone Number: 443-880-2719 WDamesesomersetmdus Email: Betecioscambrdgpecom 1,05.2032 7A Town Council: Bob Bloxom Ray Burger Catherine Krause Joy Marino Maphis Oswald Mayor: Fletcher Fosque Town. Manager: Matt Spuck ONANCOCK Live it Love it VIRGINIA FOUNDED1680 BID FORM 15 North Street Onancock, VA. 23417 757-787-3363 www.Unancock.com It is the intention of the Town of Onancock to make every reasonable effort to of Small Business and Supplier Diversity and like agencies. The Onancock are non- discriminatory and promote federal and: state laws, orders, and regulations and to promote the interests of comply with relevant the Virginia Department procurement practices of the Town of equality of opportunity for all qualified businesses. PLEASE INDICATETHE FOLLOWING JNFORMATION RELEVANTTOYOURI FIRM. IE ANY: DESIGNATIONS: (Please refer to the definitions provided by the Virginia Business and Supplier Diversity.) Department of Small Micro Business Small Business Women-Owned Business Minority Business Service Disabled Veteran Yes Yes Yes Yes Yes No No No No No The above information is requested for statistical purposes only. All firms will receive equal consideration for award. CONTACT FOR ADMINISTRATION tendering responses Name: Office Address: HARLES M BEY #24Mu STREET SALISBuRY, MO 2180/ Office Phone Number: #0,766.5355 X3002 8 Town Council: Bob Bloxom Ray Burger Catherine. Krause Joy Marino Maphis Oswald Mayor: Fletcher. Fosque Town Manager: Matt Spuck ONANÇOCK Live it Love it VIRGINIA FOUNDED1680 BIDFORM 15NonthStreet Onancock, VA2 23417 757-787-3363 www.Omancock.com: VENDOR ELIGIBILITYO CERTIFICATION This is to certify that this person/firm/corporation has neither been barred from by any agency of the Commonwealth of Virginia, nor is this bidding on contracts firm/corporation that has been barred from bidding on contracts erson/lirm/corporation a part of any ofVirginia. byanya agency oft the Commonwealth LHARLES ADUEREY Name of Official MURTEZA Tive. Name of Company Bid Prepared By: CAARIES (Name printed) Signature: Vhce PRBAENT Title HDay RISA Date:_ 20.07.2020 Current Licenses if Applicable: VIRGINIA CONTRACTOR'S LICENSE#: 705753727 (please attach copy) ONANÇOCK BUSINESS LICENSE#: EXPIRATION DATE: 1.31,.2020 EXPIRATON DATE: (please attach copy- -1 those without a current license are required tos secure at time of award) By signing this form, bidder or offeror certifies, acknowledges, understands, and agrees to be bound by the conditions. setj forth in this IFB and the General Terms, Conditions and Instructions to Bidders/Offerors herein. 9 COMMONWEALTH of VIRGINIA Department of] Professional and Occupational Regulation 9960M Maylanid Drive, Suite 400, Richmond, VA,23233 Telephone: (804)367-8500 BOARD. FOR CONTRACTORS CLASS ACONTRACTOR CLASSIFICATIONS MCC EXPIRES ON 12-31-2020 NUMBER 2705153997 MURTECH INC 424 MILL ST SALISBURY, MD: 21801 DPR a Status can be verlfieda at tpwdponviyhager (SEE REVERSE 24 CLASS AE BOARD FOR CONTRACTORS CONTRACTOR CLASSFICATONS'MCC NUMBER: 2705153997 EXPIRES: 12-31-2920 MURTECH: INC 4241 MILLST SALISBURY, MD2 21801 Davclos DPOR-LIC (02/2017) (DETACHHERE) S- SIDE FORI PRIVILEGES ANDI INSTRUCTIONS) COMMOAWEALTE of YIRGIA DA: Depatratuf lofessionin lOccupationall Regulation Status canb bev pMs-ssNae. DPOR-PC (02/2017) Town Council: Bob. Bloxom Ray Burger Catherine Krause Joy Marino Maphis Oswald Mayor: Fletcher Town Manager: Matt Fosque Spuck ONANÇOCK Live it Love it VIRGINIA FOUNDED1680 15A North Street Onancock, VA 23417 757-787-3363 www.Onancock.com PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA THIS FORM MUST BE SUBMITTED WITH YOUR RESULTIN REJECTION OF YOUR PROPOSAL/BID, PROPOSAL/BID. FAILURE TOI INCLUDE THIS FORM MAY Pursuant to Virginia Code 52.2-4311.2, an Offeror/Bidder inthe Commonwealth pursuant to Title 13.1 proposal/bid the identification number issued to it by the State Offeror/ Bidder that is not required to be authorized to law shall include in its proposal/bid a be sO authorized. Any Offeror/ Bidder described shall not receive an award unless procedures established to implement this section is Ifthiso quote for goodsorservicesi is that the requirements oft the Code of Virginia Section 2.2-4311.2 Please complete the following by checking the appropriate line organized or authorized to transact business Virginia shall include in its Corporation Commission ("SCC"). .Any code of Virginia or as otherwise required Offeror/ Bidder is not required to herein that fails to provide the required information administrative policies and granted by the Town Administrator as applicable. Virginia, the undersignedagrees or Title 50 of the code of foreign business entity under Title 13.1 or Title 50 of the transact business in the Commonwealth as a statement describing why the a waiver of this requirement and the accepted byt the TownofOnancock; by have been met. information. A. good standing. that applies and providing the requested Offeror/Bidder is a Virginia business entity organized and authorized in Virginia by the SCC and such vendor's Identification B. Vofero/Bidderi is and out-of-state (foreign) business business in Virginia by the SCC and such vendor's to transact business Number issued to it by the SCC is_ _andi isi in entity that is authorized to transact identification Number issued to it byt thescCis. C. reason(s): Offeror/Bidder does not have an Identification Numberi issued to vendori is not required to be authorized to transact business it by the SCC and such in Virginia by the SCC for the following Maezce INe. Legal Name of Company (as listed on' W-9) 10.07.2020 MuerH INc Legal Name of Offeror/Bidder 3 Authorized Signature - Date 10 S 1 u S 5 S S 1 3 66868 u 5 S RESOLUTION OF GOVERNING BODY OF TOWN OF ONANCOCK The Town Council oft the Town of Onancock, Va, consisting of members, in a 2020, at which a quorum duly was called meeting held on the present RESOLVED as follows: day of BE IT HEREBY RESOLVED that in order to facilitate obtaining financial assistance from the United States of America, United States Department of Agriculture, Rural Development (the Government) in the purchase of police vehicles and equipment, the Governing Body does hereby adopt and abide by all covenants contained in the agreements, documents, and forms required by the Government to be executed. BE IT FURTHER RESOLVED that the Town Manager of the Town of Onancock be authorized to execute on behalf of the Town Council, the above-referenced agreements, documents, and forms and to execute such other documents including, but not limited to, debt instruments, ecurityinstruments, and/or grant agreements as may be requiredinobtaining: the said financial assistance. Council. This Resolution is hereby entered into the permanent minutes oft the meetings oft this Town TOWN OF ONACOCK [ENTITY NAME] [SIGNATURE AND TITLE] By: Attest: [SIGNATURE ANDTITLE CERTIRICATION 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 Revised 08/23/2018 CURRENT CODE Sec. 34-10. Trash collection fee; utility billing; disconnection; private sewage. (a). All trash collections fees are billed along with the water and sewer services. This service is not elective and will be billed in the amount as provided for in the fee schedule on file in the (b) Thej property owner shall be considered the customer in every case and shall be billed bi- monthly. The property owner may allow ai tenant to become the responsible party for the bi- monthly billing only after a landlord/renter agreement has been signed by both parties and returned to the town manager's office. Should ai tenant refuse or neglect toj pay the town utility bill and it remains unpaid for a period oft time in excess of 30 days, the landlord shall be responsible and hereby agrees to pay the delinquent utility bill and any interest and penalty which accrued. Ifthe landlord refuses or neglects to pay the outstanding bill within ten days of notification oft tenant's failure to do so, then the town shall proceed to record and enforce al lien town clerk's office against the real property described above without further notice to any party. (Section intentionally left blank) CURRENT CODE (c) Water meters shall be read bi-monthly. Utility bills shall be mailed within the first seven oft the newi month, and shall be delinquent 31 days after the day the bill was printed. When bills days are delinquent, the town manager's office shall mail a notice of pending service disconnection to the last known post office address as shown on the town's records. Customers shall have 14 from the date ofthe notice to appear before the town manager to present reasons should not be terminated on the date ofs stop service. Appeal from an adverse decision why by the town manager will be made to the water committee oft the town by filing in writing with the town manager oft the customer's intention to appeal at least 24 hours prior to the date oftermination, in which case service shall not be terminated until after al hearing and decision by the water committee. The date of termination of service shall be 14 days after the mailing of said notice. No service involuntarily disconnected shall be reconnected without the payment of delinquent bills plus ai reconnection fee in the amount as provided for in the fee schedule on file in the town clerk's office. Appeal from an adverse decision of the water committee shall be to the circuit court ofthe county, which appeal shall be filed within 30 days after: notice of decision is given (d) Properties having aj private primary water supply at present will be permitted to maintain the existing primary water supply but not replace same iftown water is available or will be made available to property line by town at town's expense. When replacement becomes necessary, (e) Iftown water is available atj property line or will be made available by the town at town's expense, all new primary water supply must be connected to town water system. (f) Noj property presently supplied town water will be permitted to disconnect from town water to (g) Properties having a private sewage system at present will be permitted to maintain the existing private sewage system, but not to: replace same iftown sewage is available or will be made available or will be made available to property line by the town at town's expense. When replacement becomes necessary, property must connect to town sewage system, ifavailable. (h) Iftown sewage is available at property line or will be made available by the town at town's (i). No property presently connected to the town sewage system will be permitted to disconnect G) Cross-connections between the town water system and other systems containing water or other substances are prohibited; likewise, cross-connections between the town sewage system and other systems containing sewage or other substances are prohibited. Only authorized town employees shall make any connections or disconnections with the main or distribution pipes of the town's water and sewage systems. Violation ofthis section shall be punishable by a fine of (k) Any property containing four or more apartments either hereafter erected or converted must have public water service and public sewage service extended to said property and connected, service days by the town water committee. property must connect to town water system, ifavailable. use aj private water system. expense, all new sewage must be connected to town sewage system. from town sewage to use aj private sewage system. not less than $25.00 nor more than $100.00. said extension and connection at the property owner's expense. CURRENT CODE (I)-Alls subdivisions shall comply with the provisions oft the subdivision ordinance oft the town with respect to water and sewage facilities as same may be adopted and amended from time to time. (Code 1989, $21-45; Ord. eff. 11-1-1985; Ord. of6-27-2016) PROPOSED CODE 10-26-20 Sec. 34-10. Trash collection fee; utility billing; disconnection; private sewage. (a) All trash collections fees are billed along with the water and sewer services. This service is not elective and will be billed in the amount as provided fori in the fee schedule on file int the WHh-ppyeaerwwwawrinwwya--awiekIlN- A---NE "llyaiw-ly, parties-and ---y --r-w -------y Mhchase-FlelaalwPhlgNwdyse lsflwwtai.wahwwwalien eatppydaeN4-.--wwrewwpew town clerk's office b)L.Customers: monthly. a. The property owner is considered the customer in every case and shall be billed bi- b. The customer is responsible for all costs incurred for water and sewer charges for the C. The customer may temporarily transfer financial responsibility oft the water and sewer charges for the property only aftera) Landlord & Tenant Agreement is signed by the property property and agrees to all terms and conditions set forth herein. tenant. property owner. and the Onancock Town Manager. iInt the event an account with a Landlord & Tenant Agreement in place becomes delinquent according to the terms defined herein. the Landlord will receive acopy ofthe Delinquency Notice as a courtesy to inform them oft the status ofthe account as the terms ofthe Agreement transfer all financial responsibility to1 the property owner. including all penalties. late fees and interest. 2. Rates: a. Standard Rates (as adopted by (Onancock Town Council): Water (see published table) ii. Sewer (see published table) b. Incremental Rate: i. Incremental rates are used for extraordinary and planned water use. such as filling ofas swimming pool. as well as for billing adjustments as defined herein. ii. Water: $0.0002 per gallon i. Sewer: N/A PROPOSED CODE 10-26-20 C. Supported Senioror Disabled Rate Supported Senior or Disabled Rate is 25% oft the Standard Rate il Supported Seniorior Disabled Rate is available to any customer who applies and receives Accomack County Senior or disabled Tax ReliefProgram. 1Accomack County notifies the Town of all participants in the Senior or Disabled Tax Relief Program. Only those the County provides will receive this discounted rate. d. First Responder Rate Onancock Volunteer Fire Department and the Armory located on the corner of Kerr and Pine Streets both receive the first responder rate of $0.0001 per gallon. 3.7 Terms a. Onancock makes every reasonable effort to physically read cach water meter prior to b. Int the event a physical readinga of the meter is not performed. an estimate oft the ofthe preparing the bill use is made and this average is used for the billing period. i.The average use is calculated by extracting the most recent 24-month billed volume. excluding the highest and lowest readings. and calculating a simple average. 1. Ifthe account has not been in place for 24-months. the average will use the entire account history and exclude the highest and lowest) periods. a. Accounts with less than six-months of activity will not excluder the high-low readings. C. Payment Terms iUtility bills shall be mailed. by USPS.or emailed (depending on customer's choice)to the calendar month. date printed on the bill. Onancock Customers during the first seven (7) business daysof ii.F Payment is due in the office ofTown Hall no later than the "Bill Due Date" L.P Post marks are not considered for timeliness of payment. Payment must be received in the office of the Town Hall by the "Bill Due Date" 2.1 Ifpayment is not received in the office ofthe Town Hall by the "Bill Due Date" date listed on the bill. the account is considered Delinquent and a10% penalty is added to the account and will not be waived date PROPOSED CODE 10-26-20 a. When an account becomes delinquent. Delinquent Notices are prepared and mailed via USPS to the customer or emailed based on b. Delinquency Notices provide the amount now due, which C. Delinquency Notices provide the "Date ofStop Service" that indicates the date by which thes services willl be disconnected by 3. Should a customer be unable to pay fors water-sewer services for good cause. Onancock allows for payment arrangements to be made througha the customer's choice. includes the penalty the Town for non-payment formal Payment Plan made with the Town. a. Payment Plans Payment Plans must be in place with all terms fullymet prior to the "Bill Due By" date printed on the bill for which apayment plan is requested in order to avoid an additional late fee. 1.Ifthe payment plan is established after the"Bill Due By" date listed on the bill: the late fee is added to the amount due for calculation ofthe payment plan i. Down Payments must be made according to the following schedule. or other arrangements pre-approved by the Town Manger or designee. 1. Past Due Balances: a. $0.00--$200.99: 50% due in order to establish payment plan b.$ 5201.00-5400.99: 35% due in order to establish payment plan C. Greater than $401.00: 25% due in order to establish aj payment plan ii. All subsequent bills must remain current in order for the payment plan to remain in place. 1.I Ifac current balance becomes delinquent during the term ofaj payment plan. the payment plan is cancelled and the entire balance on the account is due in full PROPOSED CODE 10-26-20 iv. AIl payments on payment plans must be received in the office ofTown Hall by 4:00 PM on the date indicated on V. Ifthe customer fails to make payments on thes payment plan, or communicate with the Onancock Town Manager, or designee. prior to the due date oft the payment. water the payment plan services will be disconnected 1.1 Ifwater services aren disconnected fornon- payment. the entire balance on the account must be paid in full in order to reconnect the water service 2.Twaters services are disconnected fornon- payment. an additional amount is added to the balance due for the reconnection fee of$50.00. This amount is required to be paid in full. as well as the entire account balance. in order to) reconnect a. During a Stateof Emergency declared by the Governor ofVirginia. Onancock will not disconnect water services. but all charges. penalties and late fees accumulate and are due immediately when the State of Emergency is rescinded by the water services Governor. -- - - - - - - - - - - - - - - - - - againstthe-real #-.wwy PROPOSED CODE 10-26-20 --k-- without the ymemroPdelnguens --E -A--- - (d) Properties having a private primary water supply at present will bej permitted to maintain the existing primary water supply but not replace same iftown water is available or will be made available to property line by town at town's expense. When replacement becomes necessary, (e) Iftown water is available at property line or will be made available by the town at town's expense, all new primary water supply must be connected to town water system. (f) Noj property presently supplied town water will be permitted to disconnect from town water to (g) Properties having a private sewage system at present will be permitted to maintain the existing private sewage system, but not to replace same iftown sewage is available or will be made available or will be made available to property line by the town at town's expense. When replacement becomes necessary, property. must connect to town sewage system, ifavailable. (h). Iftown sewage is available at property line or will be made available by the town at town's (i) No property presently connected to the town sewage system will bej permitted to disconnect OCros-comnections between the town water system and other systems containing water or other substances are prohibited; likewise, cross-connections between the town sewage system and other systems containing sewage or other substances are prohibited. Only authorized town employees shall make any connections or disconnections with the main or distribution pipes of the town's water and sewage systems. Violation of this section shall be punishable by a fine of (k), Any property containing four or more apartments either hereafter erected or converted must have public water service and public sewage service extended to said property and connected, ()AIl subdivisions shall comply with the provisions oft the subdivision ordinance oft the town with respect to water and sewage facilities as same may be adopted and amended from time to y-the-tewn-waercommilee property must connect to town water system, ifavailable. use aj private water system. expense, all new: sewage must be connected to town sewage system. from town sewage to use aj private sewage system. not less than $25.00 nor more than $100.00. said extension and connection at the property owner's expense. time. (Code 1989, $21-45; Ord. eff. 11-1-1985; Ord. of6-27-2016) Secs. 34-11--34-20. Reserved., CURRENT CODE Sec. 34-176. Water and sewer billing adjustment policy. The following shall apply to adjustment of unusually high water and sewer billings resulting from water leaks or other circumstances causing abnormally high-water usage: (1)A All requests for adjustment must be made in writing to the town manager within ten days after billing date; a waiver ofs said ten-day period may be made by town manager for good cause (2)7 The town is responsible for maintenance of water lines only up to and including the water (3) In the case ofal leak occurring in the service line between the water meter and the building the meter serves, the town manager may approve adjustment of the sewer usage charge if, in addition to the following conditions, it has been demonstrated the leaking water has not entered the sewer system. The town manager may approve adjustment of the water usage charge in such a. The request for adjustment is made in writing within ten days after the billing date; a waiver ofs said ten-day period may be made by town manager for good cause shown; b. A licensed plumber has certified in writing that said leak was repaired immediately c.Such adjustments of water usage shall not exceed one-half the difference between d. Ini no case shall there be more than one such adjustment in any 12-month period. a. A written request for such adjustment is made within ten days oft the billing date; a waiver of said ten-day period may be made by town manager for good cause shown; b. Such written request states the nature oft the problem with the outside hose connection c.Ini no case shall there be more than one such adjustment within a 12-month period. usage for the preceding 12-month period and the abnormally high water usage resulting (4) In no case shall the town manager approve an adjustment to water or sewer usage charges for abnormal water usage attributable to faulty toilets, leaking faucets, or other interior plumbing facilities (pipes, water heaters, furnaces, etc.) within the building the water meter serves. (5) In the case of abnormal water usage resulting from exterior hose connections, the town manager may adjust the sewer usage charge only, subject to the following conditions: (6) In no case shall the town manager approve an adjustment for abnormal water usage which (7) The implicit burden of proof for adjustment of water and/or sewer usage charges resulting from abnormal water usage pursuant to these policies rests with the consumer, not the town. Failure to act in accordance with these policies or to meet the conditions as stated herein will result in ai refusal by the town manager of an adjustment. However, any decision made by the shown. meter. cases subject to the following conditions having been satisfied: upon detection of abnormal water usage; average water and certifies that such problems have been corrected; from the leak; has not, or cannot, be explained. town manager may be appealed to the town council. (Code 1989, $21-46; Ord. eff. 11-1-1985; Mo. of5-12-1997) CURRENTCODE CURRENIPROPOSED CODE 10-26-20 Sec. 34-176. Water and sewer billing adjustment policy. The following shall apply to adjustment of unusually high water and sewer billings resulting from water leaks or other circumstances causing abnormally high-water usage: Definitions: Water Leaks: Unusually High Water: Two-times the average water use as defined in section 3.b)) of Section 34-10 Accessible: Water used in accessible plumbing such as toilets, sinks. appliances. ors accessible interior Hidden or Inaccessible: Water in pipes behind walls. underground on the structure sides oft thes water plumbing that discharge into the public sewers system meter. or under thes structure (1).All requests for adjustment must be made in writing to the town manager within ten days after billing-datethe Date ofBill; a waiver of said ten-day period may be made by town manager (2) The town is responsible for maintenance of water lines only up to and including the water for good cause shown. meter. (3) 1) Billing adjustment for Unusually High-Water: use: a) Onancock will help the customer to determine if there is a leak Onancock: staff will monitor the meter while no one int the structure is using water (1) Ift the meter continues to indicate water use when the property owner ensures that no water is being used inside the structure, this indicates a leak (a) Ifa leak is suspected, the customer is responsible to discover and repair the leak () Ift the customer wants the water to remain on during the inspection, all water usei is charged at the published rate. No adjustment forwater or sewer will be (i) Ift the customer wants the water tor remain off during the inspection period,the Town will waive the reconnection fee when the service restoréd after the repair (b) Ifthere is no leak suspected, the customer is fully responsible for all water rand 0 The Town will monitor the meter for water use to determine if the unusually high use remains. This service is for information only and has no bearingon made. ismade sewer charges water or sewer charges. Leak detected in accessible plumbing (1) Each of these leaks is under the sole control of the customer and the customer must act to avoid these leaks through proper repair, maintenance, and forethought. (a) No adjustment to water or sewer charges will be made for leaks in accessible plumbing. CURRENTEPROPOSED CODE 10-26-20 CURRENTEPROPOSED CODE 10-26-20 ii) Leaki detected in hidden ori inaccessible plumbing (1)Acopy of the paid repair bill for the plumber making the repair, which must include an exact date and description of the work performed, must be presented to the Town (2) Upon approval of the Town Manager or designee, the following adjustments may be (b) Add Incremental water rate on gallons used over twice the 24-month average; Manager considered: (a) Reduce the sewer bill to twice the 24-month average use; () The incremental water rate is $0.002 per gallon (c) Waive any disconnection or reconnection: fees: (d) Prorate late fees on incremental gallons. (3) No more than two (2) adjustments will be made in a 24-month period b) Waive Late Fees In the last 12-months if a customer has paid the bill on time, the Town Manager mays waive late fees if requested by the customer and the account is made current within 10-days of The water and sewer bill will be prorated on calendar days for accounts being disconnected during a billing cycle the billing.period. The pricing for actual gallons used during this the Delinquency Notice c) Proration of Services prorated cycle uses the published rates. seafelaukwwuilwwwww eersenes-letowPweawifin sileallaingewth.kwem.l cetwwwypeinawh eypetradsew.w-dy-r A--------- SahasdsmesaFuwwwaene .w-----ia AMicsesA-h-wilip-danawww ywtiwylrigaiwlaww -Such-wilter-requessieshe-eaflhepiuhem-weawsilekauwese-cemneetion-and ks-N eri-pwasigilww CH-HNew--wwerapesdwpeRr erieaNANyAagh-rinerierplamhine eHeS-Ppes-watePhnste-lumae-die-wANRehuaimglhe-wuermelerserves: SHintheeaseefabnsemawserusgeresulingfumeNerierhauesemneetions-the-own AeFINYANeedNeeytNwingewilie: ssHbeHDAR-aNlwN.aNlise: lywitwylemeArplw-wws -- water certifiest AEsuePIeBemNaNehencwrecke: leak: CURRENTPROPOSED CODE 10-26-20 CURAENEPAOPOSEDCODE 10-26-20 (6) In no case shall the town manager approve an adjustment for abnormal water usage which (7)The implicit burden of proof for adjustment of water and/or sewer usage charges from abnormal water usage pursuant to these. policies rests with the consumer, not the resulting town. Failure to act in accordance with these policies or to meet the conditions as stated herein will result in a refusal by the town manager of an adjustment. However, any decision made the has not, or cannot, be explained. town manager may be appealed to the town council. (Code 1989, $21-46; Ord. eff. 11-1-1985; Mo. of5-12-1997) by CURRENEPROPOSED CODE10-26-20 CURRENT CODE ARTICLE III. VEHICLELICENSE *State law reference-Town. motor vehicle liçenses generally, Code of Virginia, $S 46.2-752, 46.2-755. Sec. 26-71. License tax imposed; amount. (a) Pursuant to Code of Virginia, $ 46.2-752, an annual license fee and taxi int the amount as provided for int the fee schedule on file in thet town clerk's office is hereby levied upon each motor vehicle, trailer, and semi-trailer which is normally garaged, parked or stored in the town, with the exception ofany such motor vehicle specifically exempted from the imposition ofs such tax or license fee by the provisions of Code ofVirginia, $ 46.2-755. The town council exempts vehicles owned or leased by active members of the volunteer fire department, and volunteer rescue squads are permitted one free decal per household. (b) The town council may deny the issuance oft the decal to any owner who has failed to timely pay (c) The amount of the license fee or tax imposed by the town on any motor vehicle, trailer or semi-trailer shall not be greater than the amount oft the license tax imposed by the state on the motor vehicle, trailer or personal property taxes due with respect to the vehicle. semi- trailer. (Code 1989, 13-15; Ord. of3-15-1988) Sec. 26-72. License year; when tax payable; proration oft tax. For the purpose oft this article, the license year shall be from March 1 to March 14 oft the next succeeding calendar year. The license fee and tax levied hereunder shall be paid not later than April 15 in each license year, except that the license fee and tax on each motor vehicle, trailer, and semi-trailer acquired after October 1 in any license year shall be one-halfo of the amount oft the annual license fee and tax levied hereunder, and the license fee and tax on any such motor vehicle acquired after January 15 in any license year shall be $3.25. (Code 1989, $ 13-16; Ord. of3-15-1988) Sec. 26-73. Transfer; duplicates. The license acquired pursuant to this article shall not be transferable to a motor vehicle, trailer, or semi- trailer other than the motor vehicle, trailer, or semi-trailer for which the license was purchased (Code 1989, $ 13-17; Ord. of3-15-1988) Sec. 26-74. Display. The windshield sticker license tag issued under this article shall be affixed on the inside of the windshield oft the motor vehicle. It shall be placed adjacent to the state inspection sticker and no higher than three inches from the bottom of the windshield, or at such other location as may be prescribed by state law. (Code 1989, S 13-18; Ord. of3-15-1988; Ord. of4-23-2018) Page 121 of 228 CURRENT CODE Sec. 26-75. Disposition of revenue. purposes and credited to the general revenue fund. (Code 1989, $ 13-19; Ord. 013-15-1988) Revenue derived from the license fee and tax levied under this article shall be used for the general Sec. 26-76. Payment of personal property taxes prerequisite to issuance. No motor vehicle, trailer, or semi-trailer required to be licensed under the provisions oft this article shall be issued ai town license, unless or until the applicant for such license shall have produced satisfactory evidence that allj personal property taxes upon such motor vehicle to be licensed, which have been properly assessed or are assessable against the applicant by the town, havel been paid. (Code 1989, $ 13-20; Ord. of3-15-1988) Sec. 26-77. Grace period for purchasers. (Code 1989, $ 13-21; Ord. of3-15-1988) Sec. 26-78. Penalty. Purchasers ofnew or used motor vehicles shall be allowed ai ten day grace period, beginning with the date ofpurchase, during which to pay the license fee and display the license required by this article. Any person who shall fail or refuse toj purchase ai town license as provided by this article or who shall fail or refuse to display the same as required by this article, or who displays any such required license after its expiration date, shall be deemed guilty ofai misdemeanor and, upon conviction thereof, shall be subject to penalty as provided fori in section 1-14. Violation ofthis article by the registered owner oft the vehicle may not be discharged by payment ofai fine except upon presentation ofs satisfactory evidence that the required license has been obtained. (Code 1989, $ 13-22; Ord. of3-15-1988) Secs. 26-79--26-99. Reserved. CURRENTO CODE ARTICLE III. VEHICLELICENSE* *State law - -462-752.462-755. ----- - AMOMREAEPvAdPIFAN - - F- E- - - persenal -- : ---- - semi-tailer (Cede- SOMGHHONA : Forthe --- E- 5- - - yewFshall-be-s3.25. Ca4-195943-16:0n4-af3-1-1088) Mfamindlaws - traileretherthans : esewmpwshad R0-wA See-26-74-Display. - - - -AA CURRENTCODE -ifrewe .Se (Code 1989-443-19.Omd-0F3-15-19887 Revenne-derived -wahawkeiRweye See-26-76-Payments frm-tpwiwpepehiwi-www -----wa -- -yX-- - C0de19893-20:0:Ond-af3-1S-1988) .6-P-Creeperinlerpurhaser. C04E1494910R40F3-15-19889 See-26-78-Pemally. --lww--w-smpihedae -Py-. -l-e-iiyamieh-wan wty4-hpiwliwwwleriw ldwww---iee yiaww-aewaw - required-ieense-nasbeen-obiained: C84e19894322-0m4-aF3-15-1988) Sec. 26-71.- Definition. residence: inthet town. As used in this article. thes word" resident" shall mean and include anv person having a place of abode in outside oft the town at some future date. and any corporation or firm having an oflices or place oft business (a) Every resident oft the town who has in his/her custody on under his/her control. a motor vehicleor motorcycle which is normally garaged. stored or parked in this town shall pay an annual town license (b) This section shall not apply to any person who is exempt. under the provisions of the lawsc softhestate. the town for more than. 30 days. irrespective of any intention on the part of the person [o return to or establisha Sec. 26-72. Required: exceptions: vehicle tax for such motor vehicle ori motorcycle. from payment oft the tax imposed by this article. State Law Reference - Exemptions firom local tax: Code eofVirginia $46.2-755. Sec.26-73. = License Year. The license year under they provisions oft this article shall begin on January 1 and shall expire on thes next following December 31 of the same vear. Notwi ithstanding any other provisions of this article. for the license calendar vear 2021 only, the tax imposed under this article shall be prorated monthly for 2021 license yearr running from April 15 through December 31 ifa 20203 vehicle decal was obtained. CURRENTCODE Sec.26-74. -Tax Imposed. On each motor vehicle and motorcycle required to be licensed under this article there shall be a license tax of$27.00. The assessment of this tax will be billed ont the town's personal property tax bill on motor vehicles and motorcveles in November:. due December oft that year. State Law Reference Authority for above tax: Code of Virginia. $46.2-752. Sec. 26-75. Tax exemption for Members of) Volunteer Fire Department. Any resident whoi is an active member of the Onancock Volunteer Fire Department shall be exempt from paving the license lce-imposed section 26-74 forar maximum of one motor vehicle or motorcycle. providing the Irshall be the duty of the Onancock Volunteer Fire Department to provide the Town Treasurer with an annual list ofe eligible members in the fire company on the forms specified by the Treasurer and by the dates required resident satisfies the requirements oft this section. by the Treasurer. no later than October 1. Sec. 26-76. Proration. The annual license fees paid on motor vehicles that acquires situs within the town during the tax year shall be prorated monthly Any period or greater than one-half of one month shall be charged as a whole month. There willl be no refunds or proration of months owned when a motor vehicle is being removed firom the Noi motor vehicle shall be licensed under this article unless and until the applicant fors such license shall have produced. before the Town Treasurer or his agent. satisfactory evidence that all personal property taxes upon the motor vehicle to be licensed. which personal property taxes have been assessed or at assessable against such applicant. have been paid and satisfactory evidence that any delinquent motor vehicle personal property taxes owing lown limits for any reason whatsoever, Sec. 26-77. Payment of Vehicle Personal Property Taxes Prerequisite tol Licensing. have been paid which have been properly assessed or are assessable against the applicant. State Law Reference Authority for above section. Code ofVirginia. $46:2-752(c) Sec. 26-78. - Disposition of Revenue Received Under Article. The revenue derived under this article shall be paid into the general fund oft the lown. Sec. 26-79. Debt Collection Efforts. Ifthe laxpaver fails to pay thet town-imposed vehicle license tax the town willy places a DMV Stopon the individual taxpayer until thes outstanding debt is resolved. State Law Reference- Authority for above tax collection efforts: Code ofVirginia. $46.2-752, Secs. 26-79--26-99. Reserved. CURRENT CODE Sec. 38-206. Principal permitted uses and structures. The following uses and structures shall bj permitted by right in the Business-Waterfront District (B-W) (1)Marinas and yacht clubs, and servicing facilities for the same, including boat storage, fueling and subject to the provisions herein: repair of watercraft. (2) Marine sales and services. conducted by local waterman. (3) Retail shops and outlets in seafood; marine related equipment and repairs. (4). Facilities for the landing, storage and shipment of seafood and shellfish. Specifically, those activities (6) Waterborne commerce, including docks and areas for the receipt, temporary storage, trans-shipment (7) Recreational activities primarily conducted on a waterfront provided that such uses shall be (5) Boat ramps, dock, piers and related facilities. and freighting of waterborne commerce. contiguous to a waterfront. (8) Bulk storage and freighting of petroleum. (9) Signs, as permitted in article XI oft this chapter. (10) Public utilities. Poles, lines, transformers, pipes, meters and similar facilities; water and sewer distribution lines. (Code 1989,5:24-46; Ord.eft.65-1962,0rd.of3-24-1997; Amd. of7-14-1997) URAENECODIPAOPOSED CODE 10-26-20 Sec. 38-206. Principal permitted uses and structures. The following uses and structures shall bj permitted by right int the Business-Waterfront District (B-W) (1)Marinas and yacht clubs, and servicing facilities for the same, including boat storage, fueling and subject to thej provisions herein: repair of watercraft. (2) Marine sales and services. conducted by local waterman. (3) Retail shops and outlets in seafood; marine related equipment and repairs. (4) Facilities for the landing, storage and shipment of seafood and shellfish. Specifically, those activities (5) Boat ramps, dock, piers and related facilities. Onancock Creek and recreational boating are an integral aspect of living in or around the Town of Onancock and while the primary purpose of the bulkhead and floating docks are for transient boaters to visit Onancock, these resources are available for use by local boaters with the following stipulations: The slip or bulkhead must not have been reserved bya transient boater; The use of any slip or bulkhead is limited to four (4) hours; Upon arrival, the local boater must check in with the Harbormaster and provide the following information; Name of primary contact, Current cell phone number; Current and valid credit card listing the primary contact, Ifthe Onancock Wharf building is closed, there is no need to check in, but the time Local boaters do not have access or permission to use the Wharf laundry or shower limit off four hours remains; facilities; There is no overnight use permitted; Ifthe boat remains overnight, the current transient slip rental rates apply and will be charged by the Harbormaster when the Wharf opens: After 4-hours, the credit card on file will be charged $5.00 per hour for slip rental; Ift the local boater occupies a slip or bulkhead reserved byat transient guest, the boater will be charged the full transient rental rate; No boater may tie up in such à manner as to obstruct the fuel area; Any boater who ties up and restricts the ability for any othervessel to purchase fuel will be charged the full transient rental rate; In the event a boater occupies as slip without checking in with the Harbormaster and/or does not provide the information required herein, and the slip had been previously reserved (which would preclude the Town of Onancock to fulfill its contractual: obligation to the transient customer), the Harbormaster may; Charge the local boater the full transient rental fee, Make note of the vessel's registration number and disallow future slip use, CURRENTCODEPROPOSEDCODE 10-26-20 Upon multiple violations oft this policy, begin proceedings allowed under state code $43-32 (b) to place a lien on said vessel for the amount of unpaid rental up to the maximum allowed bys state code. Definitions: "boater" or "local boater" are terms used for anyv vessel not reserving a slip or bulkhead "transient" refers to any vessel that reserved space at the wharf through the Onancock "slip" and "floating dock" are interchangeable terms and refer to any floating dock, dock "bulkhead" refers to the west-facing side of the wharf property (in front oft the wharf building and/or the space adacent to the parking area between the ramp and the building through the Onancock Wharf reservation system Wharf standard reservation system space, or bulkhead under the control of the Town of Onancock currently housing "Mallard's restaurant." (6) Waterborne commerce, including docks and areas for the receipt, temporary storage, trans-shipment (7) Recreational activities primarily conducted on a waterfront provided that such uses shall be and freighting of waterborne commerce. contiguous to a waterfront. (8) Bulk storage and freighting of petroleum. (9) Signs, as permitted in article XI oft this chapter. (10) Public utilities. Poles, lines, transformers, pipes, meters and similar facilities; water and sewer distribution lines. (Code 1989, 52 24-46; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd.of7-14-1997) 9o 00 988 9e - 3 6 00 9 m 16:e 9990 88998 3439934935 38,98889 - 989955 955 s 35833333 s 99,9.899 88599 9889888889888 388888883 899985 889999 of e 009,9,99 es TOWN OF, ONANÇOCK ONANCOCK Live it Love it VIRGINIA FOUNDED1680 15 North Street Onancock, VA 23417 Town Manager Report to Onancock Town Council Period ending October 26, 2020 Town Manager White Oak and Blacksmith Planting Projects: Both projects are well underway. HRSD Metwith Counsel and also leadership with HRSD1 to begin discussions on contract Murtech submitted the low bid and they meet the criteria required for contractors. Onancock is presenting before the County' Wetlands Committee to secure their approval Onancock was awarded the CDBG COVID-19 Small Business grant. This allows for 510,00ofren/mortgage support and upi to $5,0001 for retooling and technology costs. We have up to $450,000 to distribute to small businesses and we receive up to $45,000 to administer the grant, which will be shared with Onancock Main Street Initiative, FEMA COVID-19 funding is limited to reimbursement for expenditures incurred during the period of March 12 - Sept. 14. An application has been filed and no formal response We are pursuing funding opportunities for stormwater management and a generator for the police department. We are also looking into the possibility of demolition of the large building behind the! School. No action will be taken without substantial involvement from HOS leadership. We are simply researching possibilities. There isag grant for which we may qualify relating to the protection of Town clean negotiations Ramp project update: tor move forward with other agency permits DHCD: Small Business Grant: based on level of effort. FEMA COVID-19 Relief Funds has been given. VDEM Grants: Clean Water Grant drinking water. Our contract with Davis Disposal is up and we have negotiated a new rate. Attended Planning Commission, Waterfront, OBCA, Tree Board, County Supervisors, OMSI, and HRSD meetings Department of Public Works The generator: ati the South St pump station is failing and we are receiving quotes to The sewer blockage in the line on Market St near the Wharf was repaired by Town staff. repair/replace There is a water repair under Market St Uptown. TOWN OF, ONANÇOCK ONANCOCK Live it Love it VIRGINIA FOUNDED,1680 15 North Street Onancock, VA 23417 Paving repairs to the pavement cuts will be made (weather and asphalt availability) as soon as Responded to over a dozen Miss Utility calls, performed several water meter and courtesy leak the repair to Uptowni is complete. checks Wharf Begin preparing the work to complete projects associated with BIG grant of $40,034 Maintenance projects for off-season is being compiled. Police Department We prepared a 3-year plan using compensation comparison with other agencies on the Shore, The Department was busy with calls to support other agencies, minor COVID complaints, local disturbances, assaults, group fights, auto accidents, theft, and domestic complaints. and also looked at a vehicle replacement strategy.