Town of Onancock Town Council Meeting April 22, 2019 7:00 p.m.  1. Call to Order and Roll Call 2. Pledge of Allegiance  3. Consideration and Approval of the Meeting Minutes from the March 20, 2019 Budget Workshop Meeting and the Meeting Minutes from the March 25, 2019  Regular Town Council Meeting.  4. Public Business  a. Public Hearing: Proposed Budget for FY2 2019-2020  b. Discussion and Approval of Attached vs Detached Ordinance- Town Manager Discussion on the Establishment of an Ad Hoc Committee for Police d. Discussion and Approval of the Adoption ofLong-Term Care Insurance- e. Discussion on the Historic Onancock School's Utility Bill - Town Manager Discussion and. Approval oft the. Adoption ofUtilizing a Consent Agenda-  William Kerbin  Adoption- Town Manager William Kerbin Town Manager William Kerbin William Kerbin  Town Manager William Kerbin  5. Public Comment  6. Planning Commission Report - Councilmember Robert Bloxom 7. Waterfront Committee Report - Councilmember Robert Bloxom 8. Personnel Committee Report - Councilmember Catherine Krause  9. Mayor's Report - Mayor Fletcher Fosque 10.Town Manager's Report - - William Kerbin 11.Council Comments 12. Closed Session-ifneeded 13.Adjourn    Town of Onancock Town Council Budget Workshop Meeting March 20, 2019 6:30 p.m.  Callt to Order and Roll Call!:  Mayor Fosque called the meeting to order at 6:31 p.m. and roll was called. Mayor Fletcher Fosque and Councilmembers Robert Bloxom, Joy Marino, Catherine Krause, Ray Burger and Maphis Oswald were present. Councilmember. Joshua Bundick was absent. A majority of members were present, and a quorum was  established. Public Business:  a. Budget Discussion: Mayor Fosque began with the water and sewer rate discussion.  Councilmember Bloxom explained that due to the loan requirements set forth by the USDA-Rural Development, plant operations must be self-sustaining. The revenues need to cover the expenditures. Councilmember Oswald suggested that capital improvement projects may not need to Council discussion followed. Several council members shared that they believed that the loan document requirements also extend to capital improvements projects. Debate on the water and sewer rates followed. The final consensus was toi increase the utility rates by 4%i int fiscal year 2020. Councilmember Bloxom suggested that they put the trash rate reduction fee back on the table for discussion, stating that the general fund can afford this reduction in revenue. and it would be a significant reduction to the utility bills even with the 4% increase on the water and sewer. Councilmember Oswald asked about Town Manager Kerbin's contract; specifically, what did the town approve regarding increases for him. Councilmember Oswald. suggested that council review the contract to determine whether he is eligible for salary increases like the rest of the employees. Councilmember Bloxom stated that this item should be discussed further during Mr. Kerbin's contract renewal process; although, council should still budget for an increase in case that is whati is Council also discussed the possibility of moving some of the Public Works Directors salary and benefits out of the proprietary fund and into the general fund since he now oversees general fund  come fromi the proprietary fund.  decided on at that time.  activities as well.  Adjourn:  Councilmember Bloxom made a motion to adjourn. Councilmember Krause seconded the motion. The motion  passed by unanimous voice vote. The meeting adjourned at 7:33 p.m.  Fletcher Fosque, Mayor  Lisa Fiege, Deputy Clerk  1    Town of Onancock Town Council Meeting March 25, 2019 7:00p p.m.  Call to Ordera and Roll Call:  Mayor Fosque called the meeting to order and roll was called. Mayor Fletcher Fosque and Councilmembers Robert Bloxom, Joy Marino, Ray Burger, Maphis Oswald and. Joshua Bundick were present. Councilmember Catherine Krause was absent. A majority of members were present, anda  quorum was established. The Pledge of Allegiance was recited.  Consideration and Approval of the Meeting Minutes from the February 25, 2019 Regular Town Council Meeting and the Meeting Minutes from the March 11, 2019 Budget Workshop Meeting: Mayor Fosque asked if there were any edits, changes or corrections to the meeting minutesas With none, Councilmember Bloxom made a motion to approve the meeting minutes as submitted. Councilmember Bundick: seconded the motion. The motion passed by unanimous voice vote.  submitted.  Public Business:  a. Update on the Eastern Shore of Virginia Tourism Commission - Mr. Robie Marsh, Executive Director: Mr. Marsh thanked Onancock fort their continued support of the Tourism Commission. Mr. Marsh shared the process oft the Tourism Commission's current restructuring with council  along with the commission'stop-ten, goals. Council and public comment followed.  b. Update on the Home and Garden Tour- Ms. Lisa Tankard and Ms.. Jenny Barker: Ms. Barker and Ms. Tankard thanked the town for being sO accommodating to them for the upcoming Home and Garden Tour. Ms. Barker shared that the tour will be on Saturday, May 4, 20191 from 9:30 a.m. to 5:00 p.m. They reviewed other preparations that were underway along with their social media outreach efforts. Ms. Barker suggested that town encourage its local businesses to share and tag the Home and Garden Tour int their social media efforts as well as encourage them to have events and specials that will keep the Home and Garden Tour participants in town for the Mr. Robie Marsh: suggested that the town add a special page to its website so that the town can highlight those events and specials. Aone-stop shop, so to speak, for what is going on int town  weekend.  that weekend. Council discussion followed.  Public Comment:  Mr. Adam James, Fire Chief for the Onancock Volunteer Fire Department (OVFD): Mr.. James and Mr. Justin Bizzotto were present to give council an update on the fire department. Mr. James shared that the first full year without the Onley Volunteer Fire Department has concluded, OVFD saw: a huge  1    increase to their calls, completing 1070 EMS calls, 264 engine runs, making them the 2nd busiest department in Accomack County. Mr. James also stressed that they are currently in need of volunteers. Mr. James also shared some changes in vehicles as well as some upcoming fundraising events. Agolf  tournament on. July 5th and the Croaker Classic on August 10th.  Planning Commission: Waterfront Committee:  Councilmember Bloxom shared that the number one priority oft the planning commission is the comprehensive plan revision. The commission hopes to have a proposal to council by September. Councilmember Bloxom reviewed the status of the construction projects at the marina. Councilmember Bloxom shared that in the upcoming April meeting they will be discussing the 2019 boating season rates.  Personnel Committee: Nor report. Mayor's Report:  Mayor Fosque shared that he and Councilmember Oswald attended a clean up day at the Samuel D. Outlaw Building, which was in preparation for the upcoming Home and Garden Tour.  Town Manager's Report:  Mr. Kerbin reviewed the following items with council:  The budget public hearing will be scheduled for the April council meeting, April 22"d. Council The town hired a new Harbormaster, Craig Tanner. Mr. Kerbin suggested that council stop by Mr. Kerbin reminded council that a Freedom of Information Act training will be held Tuesday, Mr. Kerbin thanked Mayor Fosque and Councilmember Oswald for attending the Samuel D. Outlaw Building clean-up efforts. Mr. Kerbin also thanked Councilmember Marino and Ms. Nancy James for their hard work in putting the St. Patrick's Parade and Celtic Festival together Mr. Kerbin also thanked Mr. James for assisting the Samuel D. Outlaw Building with their  will vote on the budget at the May meeting. the marina and welcome Mr. Tanner. March 26th, 2019 in the Council Chambers.  this year. chimneyi inspection. Council Comments: They were none. Closed Session -i ifneeded: None was needed. Adjourn:  Councilmember Bloxom made a motion to adjourn. Councilmember Burger. seconded the motion. The  motion passed by unanimous voice vote.  2    The meeting adjourned at 8:06 p.m.  Fletcher Fosque, Mayor  Lisa Fiege, Deputy Clerk  3        11 - H  -  5  8 00    2 e 0  / N  -  e D  T € 3 8 (o 6 s  o  -  > 0 e de af 3 3  2    - 00 6A    0 CN  S E e  & 8 I  0  @ - 8  8 I  - -  o  E  D D  @ 6    D  o 5 00 3 D @ e 9 E o % @ I M 6 @ e a D U e  D 5 - e e  0 L CN 6A by de S e 0  D   a  4  m , m 8    S  9 3 9 8 C € e a f I- o e 8 € 8  is @ 00  U 9  - e 0  o  D 6  a  e   B C 3  98 a 88      I a e et I 9 8  - 3  - N    8888    A 6 6 $ 6    - Y E S I 0 S S W 8 & A r L                        SUGGESTED MOTION: Mr. Mayor, I move that the Onancock Town Council approve the Attached VS. Detached Structure Zoning change and incorporate these changes into the Town of  Onancock zoning ordinance.  AGENDA  TOWN COUNCIL  April22,2019  SUBJECT: Approval of the Attached VS. Detached Structure Zoning change  RECOMMENDATION: N/A TIMING: Current DISCUSSION:  The Planning Commission reviewed a proposed change to the zoning  ordinance under the definition section at its December 18, 2018 meeting. Atit, January 28, 2019 meeting, the Town Council requested that the ordinance be reviewed by the Town Attorney. This ordinance has been reviewed and approved by the Town Attorney. The proposed language included a new definition of attached structures and additional language to the accessory building definition. The Planning Commission voted to recommend these changes to the Town  Council ati its December meeting. Staff: Bill Kerbin Town Manager  Attachment: Attached VS Detached Structure Zoning change  Copy:    Attached vs Detached Proposed Zoning Amendment Change Town of Onancock Planning Commission Meeting  April22,2019  1. Add in General Provisions (24-1) the following definition:  Attached Structure: For the purpose of this Zoning Code, an Attached Structure is one where a structure is otherwise complete in itselfand depends for structural support or complete enclosure upon a division wall or walls and roofline shared in common with an adjacent structure, such that such attachment is not able to be removed without significant damage to either or both structures. Typically an Attached Structure should open directly unto the rest of the dwelling via  adoorway such that entry between structures is made without going outside. 2. Amend the definition of] Building, Accessory in 24-1 as follows:  Building, Accessory: A subordinate structure customarily incidental to and located upon the same lot occupied by the main structure. No such accessory structure shall be used for residential purposes, (defined as: designed for living and sleeping purposes and having at least one (1)kitchen and one (1) bathroom) unless it meets the definition of an Attached Structure defined in this section. Garages or other accessory structures such as carports, porches, and stoops attached tot the  main building shall be considered as part of the main building.    Staff Report  Regarding: Local Term Care insurance-Adminstered by the Virginia Retirement System  By: Date:  Lisa Fiege, Office Manager April 22, 2019  The Virginia Retirement System (VRS) administers a Commonwealth of Virginia Voluntary Group Long Term Care Insurance Program, whichi is underwritten by Genworth Life Insurance Company. VRS has reopened the employer election to those that previously elected not to participate. Ifthe town elects the program, eligible, actively-at-work employees under the age of 66 may apply for coverage with At no cost to the town, Onancock can offer the benefit to employees who work at least 20-hours a week and their select family members ages 18 through 75. This program can help employees with the cost of long-term care services, such as nursing home care or at-home care assistance (bathing, eating or other activities of dailyl living). Without coverage, the cost of these services can quickly deplete retirement  reduced medical underwriting during a special fall enrollment.  income and savings.  Attached is additional information on the plan specifics.  Since this is no-cost option to the town and the benefit can be an important element in some employees' financial plans, Irecommend that council Adopt the Agreement with VRS, which is included  int the packet, to elect this benefit.    Coverageand Eligibility  Commonwealth ofVirginia Voluntary Group Long Term Care Insurance Program  April 2019  Genworth  %  Underwritten by Genworth Life Insurance Company  GenworthLife  6620 West Broad! Street, Richmond, VA 23230    2/CmmonsandVAGoPi Long Term Carel insurancel Program Plan Selection Summary  Commonwealth of Virginia Employee Options  Coverage Effective Date Situs State Benefit Period Benefit Amount NursingFacility! Maximum (Nursing Facilities and Assisted Living! Facilities) Inflation Protection Coverage Maximum (Total Coverage) Partnership-Qualihed Nonforfeiture Benefit  December 01,2019 Virginia 2Year 3Year 4Year  $3,000 Monthlyl Nursing Facility Maximum $4,500 Monthiy! Nursing! Facility Maximum $6,000 Monthly! Nursing Facility Maximum Future Purchase Option Automatic: 3% Increasei forl Life-Compound Automatic: 5% Increase for Life-Compound $216,000 Coverage Maximum.  The Coverage Maximumi ist thet total coverage, whichisap product oft the Benefit Perioda andt the Benefit Amount. For example: Amonthlyb benefit amount of $6,000x3 36r months (3) Year) Period = This Group PogemiPmeapoaned undert the Virginial Partnershipf for Long Term Care. Thec optional Nonforfeiture! Benefit maintains: some coverage eveni ifthel Insured stops paying premiums. This Benefitr mayb be made available tot thea applicant ata ana additional cost of 12%.  Built-In Benefit Amount Nursing Facility! Maximum Benefit Amount Home and Community CareN Maximum Elimination Period informal Care  100%  50% oft thel Nursing! Facility/Maximum Onet time, 900 Calendar Days Included    CommowAnaVAGppLeNg Term Care! Insurance Program 3  Program & Plan Summary  Key Program Information Tax Benefits for Employees  This plani isi intended tot bea af federally tax-qualified! long term carei insurance contract under Section7702Blb) oft thel Internall Revenue Coded of1 1986. Beneftsreceived for qualifiedi long term cares services arer nott taxable and premiums paidr may! bet tax deductible, under certain conditions. Thei individuals should consultat tax advisor for details. Genworth Life does noti imposea ar minimum partcpatonrequrement beyond the statutory  PanticpationPequiremens  requirements for groupinsurance.  Pre-Existing Conditionsl Limitations NoLinkagel Requirements Fully Portable Payment Options Availability Online! Enroliment  Thereisa ane exclusion for pre-existingo conditions. orderf fora any other eligible family members to apply.  There are nolinkage requirements. The employee does not needt to applyf for coveragei in Ifanl Insured leaves the company or sponsorship oft thep program ends, thosev who are insured are guaranteedi the rightt to continue thes same coverage asl longa as they continuet to The Programi is availablet to eligible classes, based ont the situss state oft the Group Policy. Somes statese extend their governing authority toe employer groupi insurance: soldt tot their residents and may require variations tot the coverage. Coverage undert thisp planis not Thec customized website allowse employees, spouses and otherf family members toe enroll  pay premiums when due. Electronic Funds Transfer (EFT), Direct Billing  available tor residents of Vermont.  online.  Keyl Plan Information Guaranteed Renewable Partnership-Qualined  The coveragei is Guaranteed Renewable, as long: as premiums are paid when due. The Partnership Program isc designed tol helpp provide asset protectioni fort thosev who own longt term carei insurance ands seek toa access Medicaid benefits. Insureds with Partnership- qualihe edc coverager may be ablet too qualifyf for Medicaid whiler retaining morea assetst than would otherwise ber required under their state's! Medicaid eligibility requirements. Inc ordert to qualifya an, insured must buylongt term carei insurance that! has the basich benefitsr required by their resident state'spartnershipi progam-lndudngmlaton protectioni tieredt toc certain Thist benefiti reimburses coverede expenses incurred for care (including rooma and board)  ager ranges.  Nursing Facility and. Assisted Living Facility Benefit  provided byaN Nursing! Facility or an Assisted Living Facility.    41 Commonwealth dVAGowplongTemGareihsurancePogam  Home and Community Care Benefit  Most people prefert tor receive care ath home. Thist benefitr reimburses expensesi incurred fora adult dayo care, nurse and therapists services, homeh health orp personal care services, and Theses servicesreceivedi froma ani independent; provider ora al home healtha agency, can Substantial: assistance with! bathing, dressing, eating, movingi inc or out ofab bed or chair,physical, occupational, respiratory, ors speecht therapy.managingi medications, preparation ofr meals, changing! bedding, washing dishes, mopping, laundry, deaning  incidentall homemaker and chore care services. include, but arer notl limitedt tot thet following:  andl household chores andr repairs.  Benefits Not Subject to the Elimination Period  Home Assistancel Benefit  Thist benefit reimburses thet following expensesi incurred (including tax, installation: and Home Modifications, Assistive Devices and Supportive Equipment  labor costs):  Emergency Medical Response Systems Caregiver Training Covered Expenses must be:  Intended toe enablei the Insured tor remain: safelyi in his or her home Statedi in, andf furnishedi ina accordance with, thel Insured's Plan of Care This benefiti ist not subject tot thel Elimination! Period. Its Coverage Maximum equals 31 times the! MonthlyNursing! Facilityl Maximum. Fore example, the Coverage Maximum based ona $3,000 Monthly Nursing Facility Maximumy would! be $9,000. This benefit reimburses expenses incurredf forl hospice care receivedi inal Hospice, Assisted Living, orl Nursing Facility ori int thel Insured'shome. Inpatient- -Coveredi upt tol Nursing Facility Maximum Outpatient- -Covered up tol Home and Community Care Maximum Manyi individuals whos givet their time ande energyt tot helps someonei inr need of care, eventually find theyr needa ar respite. This benefit reimburses expensesi incurredi for Home and Community Care, Assisted Living Facility care and! Nursing! Facility care whenit provides temporaryr relieff forr regular,unpaid caregivers. The calender yearr maximum equais 1x Monthly! Nursing Facility Maximum. During the often difficult time when carei isr needed, it's ani invaluable asset tol have acare coordinator who can! helpi inr recognizingt thet types ofc caret thata are needed. Genworth's Privileged Care Coordinators arel licensed! health care practitioners, qualified! by training and experience toa assess and coordinate overallo care needs. Theirs services are provided without charge andi withoutr reducing the amount available undert thel Insured's Coverage.  Hospice Care Benefit  Respite Care Benefit  Privileged Care Coordination Services    Commonwatho/VAGoup Long Term Carel Insurance Program 5  Other Important Benefits International Nursing Facility Benefit BedF Reservation! Benefit  This benefitr reimburses expensesi incurred during confinement ina anout-of.country" Nursing Facility (includingr room andl board), upt to7 75% oft the! Nursing Facility Maximum per calendar Thist benefit reimburses expenses tor reserve the Insured's room whenr receiving! benefits for carei ina al Nursing! Facility, Hospice Care Facility or Assisted Living Facility, whent thel Insured's confinement isi interrupted! bya at temporarya absence from thet facilityf for any reasonf for upt to This benefit reimburses longt term care expenses for care, services, devices, ort treatments not otherwise included and allows coverede expensest tob be paidinar manner othert than specified, upon agreement between Genworth Life, the Insured andt the Insured'sp physician. Whiler receiving! benefits for carei inaN Nursing! Facility, Assistedl Living Facility, Home and Community Care, Hospice Care, or under the! Bed Reservation Benefit, thel Insured's Anl Insured mayr return! his orh her Certificate to Genworth Life within3 30 days ofr receipt, if dissatisfied fora any reason. Any premium paid willl ber returned. This benefitp pays for personal care andi maintenance ors supervisioni that helpst the Insuredt to stayi in! his or herh homea andi isf furnished! based on the Insured's Plan of Care, whenreceived froms someone whoi is not witha al Homel Health Agencyo or ani independent provider. This care mayb bep provided by at friend orf family member (other than a personv whor normally residedi int the Insured's homep priort tot thet time thel Insuredk becamee eligible for benefits)to helpy withs simple! health caret tasks, personall hygiene, managing medications or activities of This benefit covers upt to1 1%0 oft thel Monthly Nursing Facility! Maximum per dayf for upt to30 This benefit providesr reduced coverage, ifas substantial premiumi increasey weret toc occur Areduced coverage amounti isp provided withoutf further premium payments, if coverage ends duet tor non-payment ofp premiums after 3) years. Employees cand chooset this optionf for  month, for upt to4 4years.  60 days pery year.  Alternate Care Beneht Waiver of Premium Benefit 30 Day Freel Look Informal Care Benefit  premium will be waived.  dailyliving. days per calendar year. and cause coverage tol lapse.  Contingent Nonforfeiture Benefit Nonforfeiture Benefit  ana additional 12% increase tot thep premium.    Acmmm.AGwPLN Term Carel Insurance Program Eligible Participants  Eligible Persons Eligible Persons Include  Alli individuals associatedi with Commonwealth of Virginiai int ther mannerc described below. Persons musth be 18 or oldera att the timec ofa application, maintaina aj permanent U.S. residence and! have avalid Social Security or Tax Identification Numbert from the US.Government. Therei is no maximum issue agef for the eligible Employee, bute eligible family members musth bel less than  age7 76. Employees  Actively atl Workf full-time orp part-time Commonwealtht of Virginia employees whoy worka atl least 20H hours per week. Actively atl Workf full-time orp part-time employees andf faculty (including adjunct) ofal Virginia Public Institution oft higher Education who Actively at Work full-time, part-time, or othere employees as determined: and definedI by any participating' Virginia schoold division, city,  worka atl least 20 hours per week. county, town, orp political subdivision.  Newly hirede employees who are eligible fora all broadly offered employer sponsored benefits, anda are Actively at Work, Full-time or Part-time and worka atl least 20hours perv week upt to andi including age 65, whoa apply during theiri initial newl hire enrollment period  Modified Guarantee Issue Comprehensive: Ana abbreviated: healtho question form, Height/ weight parameters.  During an open enrollment period mutually agreed upon by both parties, employees whoa are eligiblef for all broadly offerede employer sponsoredt benefits anda are Actively at Work, Full-time or Part-Time, and worka atl least 201 hours per week upt to andi including age 65, whoapply during thei initiale enroliment period  Modified Guarantee Issue Comprehensive: Ana abbreviated! health questioni form, Height/ weight parameters.  Employees who are eligible fora alll broadly offered employer sponsored benefits and are Actively at Work, Full-time or Part-time, and work at least 201 hours per week ages 66 and oldera andr newh hires meeting the  Long Form:  Fulir mediçal underwriting,: at telephonic ori in- personi interview mayl ber requested. In-person interviews mayi indudead cognitive exam and the applicant willl be askedt top provide blooda and  urines samples.  same criteria as above    Commonwealth ofvAGroupLongl Term Carel Insurance Program! 17  Other Eligible Individuais Spouses, Surviving Spouses  Spouse: Aj persont tov whoma ane eligible Employee isj joined by marriage. The eligible Employee ands such person cannot be joinedt toa anyone else: by (a) marriage; or (b)a a relationship legallyr recognized under Statel law. ASpouse does noti include apersonf from whomi the eligible Employeei is divorced orl legallys separated. Surviving Spouse: Ap person whois participatingi inahealth! benefits program or aretirement, plan sponsored byt the Policyholder andy wasas Spouse at the Retirees andt their spouses whol have retired under the Commonwealth: ofVirginia retirement plan, satisfyt the appropriate  time oft the eligible Employee'sd death. Retirees ands Spouses ofF Retirees  plan'sagea ands servicer requirements, and aret former employees of: Thec Commonwealth of Virginia Virginia Publiçinstitutions: ofH Higher Education administered byV VRS Carel Insurancel Program  Anys school, division, city, county, town, orp politicals subdivision that participatesinc one oft the retirement; plans Anys school division, city, county, town, orp political subdivision that does notp participate ina any of the retirement plans administered! by VRS buth hase electedt top participate int the Commonwealth of Virginia) Voluntary GroupLong Term  Parents and Grandparents of Eligible Employees, Spouses grandparent or step-grandparents: ofa an eligible Employee, or Spouse. Adult Children and Siblings of Eligible Employees  Ther natural ora adoptive parent, ors step-parent of ane eligible! Employee or Spouse. Ther enatural grandparent, adoptive Childreni include ar natural, step ora adopted child whol has reachedi fulll legala age, witha attendant rights and responsibilities. Siblings includet thoser related tot the eligible Employee or Spouse, asab brother, sister, step-brother or step-sister. Terminated employees ofa anye employer participating inar retirement plan administered byt the Virginia Retirement Are not activee employees orr retirees ofa any local government or school systemi int the Commonweaith of Virginia  System who:  Havef five orr morey years ofs service Spouses upt to and including age7 75 Allo othere eligible applicants ages 18-75,including late entrantsi intot the plan  Long Form:  Fullr medical underwriting, at telephonic ori in-person interview may! ber requested. In-personi interviewsmay includea a cognitive exam and thea applicant willl be: askedto provide blooda and urines samples.    81 CommonAndVAGopLoy, Term Carelnsurance Program  Elimination! Period  The Elimination Period, basedo on calendar days, ist thet total number of dayst thatt the Insured remainsac Chronically! HI Individual beforeb benefits are payable. The Elimination Period begins ont thet firsto dayt thatt thel Insuredi ist botha a Chronically III Individual: andi incurs coverede expenses. However, thel Insuredisr not required toc continue toincur covered expensest tos satisfyt the Elimination Period. Elimination! Period daysr mayb be accumulated beforet thet filing ofac claimi ifitc can! bee established that the Insuredr met theser requirements We will not payl benefitsi fora any expensesi inçurredi for any Covered Care: For whichr no chargei isr normally madei int the absence ofi insurance. Provided outside the fifty (50) Uniteds States, the District of Columbia anda any territory orp possession oft the United States of America, unless specifically provided for bya Provided by anl Insured's immediate family, unless al benefit: specifically states that amember ofa anl Insured'si immediate family canj provide Covered Care. We willr not consider caret toh havel beenp provided byan member oft thel Insured'si immediate family Hec or shei isar regular employee oft thec organizationt thati isp providing the: services; Such organizationi received payment for thes services; and Hec or sher receives no compensation othert than the normal compensation: for employeest in! his or her job category. Provided by ori ina a Veteran's. Administration: or Federal governmenti facility, unless a valid chargei is madet to ani insured ora an! Insured's estate; Resulting fromi illness, treatment or medical condition: arising out ofa any ofthe Waro or any act ofv war; whether declared orr not; Attempted suicide ora ani intentionally: self-inflictedi injury; Participation: inaf felony;r riot ori insurrection;  beforei the claimv wast filed.  Policy Exclusions and Limitations  Benefit, when: and  following:  Providedi for anl Insured's: alcoholism ora addictiont to drugs orr narcotics (except fora an addiction toaj prescription medication when administeredi ina accordance with the Note: We will payb benefits for Alzheimer's Disease, subjectt tot thes same exclusions, limitations andp provisions otherwise applicable to other Covered Care. We will reduce the amount oft benefits wev will payf for Covered Expenses whent thet total amount payable undert this anda all other groupl Long Term Care Coveragei is greater than the actual Covered Expensei incurredf fori that Covered Care. State variations may Benefits willl be paid onlyf for Covered Care expenses that arei ine excess oft the amount paid Medicare (including amountst that would ber reimbursable, butf fori the applicationo ofa Any other Federal, State or other governmental health carep program or longt term care Any State or Federalv workers' compensation, employer's liability or occupational Statey variations may apply. Pleaser refer to the state specific Certificate of Coverage. Genworth! Life willr not payf for Covered Expenses incurred for any care or confinement that isar result ofaf Pre-Existing Condition. APre-Existing condition means ac condition (illness, disease,i injury, ors symptom) for whichmedical: advice ort treatment was recommended by, or received from, al Health Carel Professional withina a defined period prior tot the initial  advice ofaP Physician).  Coordination of Benefits Non-Duplicationof Benefts  apply. orp payable under:  deductible or coinsurance amount); and program orl law, except Medicaid. diseasel law  Pre-Existing Conditions Limitations  Certificatel Effective Date. Statev variations maya apply.  Benefits andl limitations may vary by state.    CommonwaihdVAVauna, GroupLongl Term Carel Insurance Program I  Rates  Important Information Quotation Summary Monthly Premium Rate Tables    2] CommonwealtholVAVolntaycoplanylamcaemCaehsunarce-ogam  Important Information  Thisi information isf for Commonwealth of Virginia use only. Notf for further distribution.  Rates  Rates arei fori illustrative purposes only anda arel based on case information provided as oft the date oft thisp proposal. Any change int the case data couldr resulti inac changei inr rates, planc design, ori inabilityt to offera ap program. Final ratest tob be agreed upont between Genworthl Lifel Insurance Company: andt thep proposed Group! Policyholder.  Quotation Summary  CommonwealhdlVigna Employee Options  Effective Date Situs State Partnership Qualified Plan(s) Quoted  February01,2019 Virginia Yes 2Year 3Year 4Year  Monthly Benefits Quoted  $3,000 Monthly! Nursing Facility Maximum $4,500 Monthly Nursing Facility Maximum $6,000 Monthly! Nursing Facility/ Maximum  Nonforfeiture Benefit EliminationPeriod Proposal/Offer Valid  The optional Nonforfeiture Benefitr maintains some coverage evenifthel Insured: stops paying premiums. This Benefit may ber made available tot the applicant ata ana additional cost of 12%.  90Calendar Days 90 daysf from date ofproposal  Censusir Information Our premium quotationi is based on the census received from Commonwealth ofVirginia. Wer reserve ther rightt torecakulater rates priort tot the enrollment campaign based on changes tot thec census demographics orp plandesign.    Commonwealtho OfVAV Voluntary GroupLong Term Care Insurance Program 3  Monthly Premium Rate Tables  Commonwealth ofVirginia  Genworth Voluntary Group Long-Term Care Insurance  Monthly Premiums Total Benefit Amount: 2 Years Elimination Period: 90 Calendar Days Situs State: VA Policy Effective Date: 12/1/2019 Monthly Benefit: Inflation: Age 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79  Nonforfeiture: Not Included Informal Care: Included $4,500 5%C 159.75 161.39 163.05 164.68 166.34 169.54 173.86 178.21 182.53 186.87 191.15 193.98 196.82 199.63 202.47 207.18 211.67 216.15 220.66 225.14 237.25 243.24 249.21 255.21 261.18 271.92 281.36 290.79 300.20 309.63 321.43 339.02 356.63 374.22 391.83 400.63 423.75 446.89 470.01 493.15 511.74 577.38 643.04 708.68 774.35 831.46 931.23 1,031.00 1,374.67 1,130.80 1,230.57  50% Home Health Care Reimbursement,  $3,000 FPO 30.25 30.40 30.55 30.71 30.86 31.02 31.65 32.28 32.91 33.55 33.83 34.20 34.56 34.92 35.28 35.65 37.34 39.03 40.71 42.40 44.30 47.17 50.04 52.90 55.77 58.53 63.84 69.16 74.47 79.79 85.44 93.37 101.31 109.24 117.17 126.26 140.62 154.97 169.32 183.68 198.94 221.68 244.40 267.15 289.87 315.47 362.78 410.10 457.42 504.74  $4,500 FPO 45.37 45.60 45.82 46.07 46.30 46.52 47.47 48.42 49.37 50.32 50.74 51.29 51.85 52.38 52.93 53.48 56.01 58.54 61.07 63.60 66.45 70.76 75.06 79.35 83.66 87.79 95.75 103.74 111.70 119.68 128.16 140.06 151.96 163.86 175.76 189.39 210.92 232.45 253.98 275.51 298.41 332.52 366.61 400.72 434.81 473.20 544.17 615.16 686.12 757.11  $6,000 FPO 60.49 60.79 61.10 61.43 61.73 62.03 63.30 64.56 65.83 67.09 67.66 68.39 69.13 69.84 70.57 71.30 74.68 78.05 81.43 84.80 88.60 94.34 100.09 105.80 111.54 117.06 127.67 138.32 148.93 159.58 170.88 186.75 202.61 218.48 234.34 252.53 281.23 309.94 338.65 367.35 397.88 443.36 488.81 534.29 579.74 630.93 725.56 820.21 914.83 1,009.48  $3,000 3%C 66.41 67.04 67.67 68.31 68.95 69.58 71.33 73.08 74.83 76.58 78.31 79.46 80.59 81.73 82.87 84.80 86.57 88.33 90.10 91.87 96.36 98.23 100.10 101.99 103.86 110.09 118.29 126.48 134.67 142.86 149.90 162.15 174.40 186.65 198.90 211.71 225.32 238.92 252.51 266.12 278.49 308.37 338.24 368.14 398.01 423.55 478.61 533.67 588.74 643.80  $4,500 3%C 99.61 100.56 101.50 102.47 103.42 104.37 106.99 109.61 112.24 114.86 117,47 119.19 120.89 122.60 124.30 127.20 129.85 132.50 135.15 137.80 144.53 147.34 150.15 152.98 155.79 165.14 177.43 189.73 202.00 214.29 224.84 243.23 261.61 279.97 298.35 317.57 337.98 358.38 378.77 399.17 417.73 462.55 507.37 552.20 597.02 635.32 717.92 800.51 883.10 965.70  $6,000 3%C 132.81 134.08 135.34 136.63 137.89 139.15 142.65 146.15 149.65 153.15 156.63 158.92 161.18 163.47 165.73 169.61 173.14 176.67 180.20 183.73 192.71 196.46 200.20 203.97 207.71 220.19 236.58 252.97 269.33 285.72 299.79 324.30 348.81 373.29 397.80 423.43 450.64 477.84 505.02 532.23 556.97 616.73 676.49 736.27 796.03 847.10 957.22 1,067.35 1,177.47 1,287.59  $3,000 5%C 106.50 107.59 108.70 109.79 110.89 113.03 115.91 118.80 121.69 124.58 127.43 129.32 131.21 133.09 134.98 138.12 141.11 144.10 147.11 150.10 158.16 162.16 166.14 170.14 174.12 181.28 187.57 193.86 200.13 206.42 214.29 226.01 237.75 249.48 261.22 267.09 282.50 297.93 313.34 328.77 341.16 384.92 428.70 472.46 516.23 554.31 620.82 687.34 753.87 820.38  $6,000 5%C 213.01 215.19 217.40 219.58 221.79 226.05 231.82 237.61 243.37 249.17 254.87 258.65 262.42 266.18 269.95 276.24 282.22 288.20 294.21 300.19 316.33 324.32 332.28 340.28 348.24 362.57 375.14 387.72 400.27 412.84 428.58 452.03 475.51 498.96 522.44 534.18 565.00 595.86 626.68 657.54 682.32 769.84 857.39 944.91 1,032.46 1,108.61 1,241.64 1,507.73 1,640.76  Legend: FuturePurchase Option, Automatic 3%1 Increasef forl Life-Compound, Automatic 5%1 Increase foruife-Compound.    CommmaindvAvaneny Groupl Long7 Term Carel Insurance Program Monthly Premium Rate Tables  Commonwealth ofVirginia Genworth Group Long-Term Care Insurance  Monthly Premiums Total Benefit Amount: 3 Years Elimination Period: 90 Calendar Days Situs State: VA Policy Effective Date: 12/1/2019 Monthly Benefit: Inflation: Age 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79  Nonforfeiture: Not Included Informal Care: Included $4,500 5%C 194.03 195.84 197.67 199.48 201.31 205.92 209.22 212.54 215.84 219.16 223.40 224.97 226.52 228.10 229.65 233.31 237.99 242.67 247.37 252.05 265.03 271.82 278.62 285.41 292.20 305.52 317.71 329.90 342.06 354.25 369.56 397.39 425.21 453.04 480.86 502.22 538.52 574.83 611.12 647.44 671.99 763.56 855.13 946.72 1,038.29 1,115.06 1.248.87 1,382.68 1,843.57 1,516.46 2,021.95 1,650.27 2,200.36  50% Home Health Care Reimbursement,  $3,000 FPO 36.55 36.60 36.64 36.70 36.74 36.80 37.30 37.81 38.31 38.82 39.33 39.52 39.72 39.92 40.12 40.31 42.04 43.78 45.52 47.25 50.41 53.56 56.70 59.86 63.01 68.01 74.05 80.07 86.10 92.12 99.97 111.71 123.44 135.18 146.91 160.78 179.71 198.63 217.56 236.48 254.28 288.08 321.88 355.70 389.50 425.19 488.97 552.74 616.52 680.29  $4,500 FPO 54.82 54.90 54.97 55.05 55.11 55.19 55.96 56.72 57.47 58.23 58.99 59.28 59.57 59.88 60.17 60.46 63.07 65.67 68.27 70.88 75.61 80.33 85.05 89.80 94.52 102.02 111.07 120.10 129.15 138.18 149.96 167.57 185.16 202.77 220.36 241.18 269.56 297.95 326.34 354.72 381.41 432.12 482.82 533.55 584.25 637.78 733.46 829.11 924.78 1,020.44  $6,000 FPO 73.09 73.20 73.29 73.40 73.48 73.59 74.61 75.63 76.62 77.64 78.66 79.05 79.43 79.84 80.23 80.62 84.09 87.56 91.03 94.50 100.82 107.11 113.41 119.73 126.02 136.03 148.09 160.13 172.20 184.24 199.94 223.43 246.88 270.36 293.82 321.57 359.42 397.27 435.11 472.96 508.55 576.16 643.76 711.40 779.00 850.37 977.94 1,105.48 1,233.05 1,360.58  $3,000 3%C 80.68 81.37 82.06 82.75 83.45 84.53 85.59 86.64 87.70 88.74 90.63 90.97 91.32 91.68 92.03 93.23 95.51 97.79 100.06 102.34 107.58 110.19 112.81 115.42 118.04 124.99 133.79 142.57 151.36 160.14 171.23 186.73 202.23 217.73 233.22 249.79 270.67 291.54 312.40 333.28 349.59 392.28 434.96 477.65 520.33 563.02 636.22 709.41 782.59 855.79  $4,500 3%C 121.02 122.05 123.10 124.13 125.17 126.80 128.39 129.96 131.54 133.11 135.94 136.46 136.98 137.52 138.04 139.85 143.27 146.69 150.08 153.50 161.37 165.28 169.21 173.12 177.06 187.49 200.68 213.85 227.04 240.21 256.85 280.10 303.34 326.59 349.84 374.69 406.00 437.32 468.61 499.92 524.39 588.42 652.45 716.47 780.50 844.53 954.32 1,064.12 1,173.89 1,283.69  $6,000 3%C 161.36 162.73 164.13 165.50 166.90 169.06 171.18 173.27 175.39 177.49 181.25 181.95 182.64 183.36 184.06 186.46 191.02 195.58 200.11 204.67 215.16 220.37 225.62 230.83 236.08 249.99 267.58 285.14 302.72 320.29 342.47 373.46 404.46 435.45 466.45 499.59 541.34 583.09 624.81 666.56 699.19 784.56 869.93 955.30 1,040.67 1,126.04 1,272.43 1,418.82 1.565.19 1.711.58  $3,000 5%C 129.35 130.56 131.78 132.98 134.20 137.28 139.48 141.69 143.89 146.11 148.93 149.98 151.02 152.06 153.10 155.54 158.66 161.78 164.91 168.03 176.69 181.21 185.74 190.27 194.80 203.68 211.81 219.93 228.04 236.17 246.37 264.92 283.47 302.03 320.58 334.82 359.01 383.22 407.42 431.63 448.00 509.04 570.09 631.15 692.19 743.37 832.58 921.78 1,010.98 1,100.18  $6,000 5%C 258.70 261.11 263.55 265.97 268.41 274.56 278.96 283.39 287.79 292.21 297.86 299.96 302.03 304.13 306.20 311.08 317.32 323.55 329.82 336.06 353.37 362.43 371.49 380.55 389.60 407.37 423.61 439.86 456.08 472.33 492.75 529.85 566.95 604.05 641.15 669.63 718.02 766.44 814.83 863.25 895.99 1,018.08 1,140.18 1,262.30 1,384.39 1,486.75 1,665.16  Legend: Futurel Purchase Option, Automatic 3961 Increaset forl Life-Compound, Automatic 5%1 Increaset forL Life-Compound.    CommonweaithofvAl Voluntary Groupl Longl TemGaehswanePogam 15  Monthly Premium Rate Tables  Commonwealth ofVirginia  Genworth Voluntary Group Long-Term Care Insurance  Monthly Premiums Total Benefit Amount: 4 Years Elimination Period: 90 Calendar Days Situs State: VA Policy Effective Date: 12/1/2019 Monthly Benefit: Inflation: Age 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79  Nonforfeiture: Not Included Informal Care: Included $4,500 5%C 218.03 220.28 222.52 224.76 227.01 232.42 236.45 240.50 244.53 248.59 255.97 258.04 260.14 262.21 264.31 268.76 274.42 280.09 285.77 291.44 306.77 314.59 322.42 330.23 338.07 353.37 368.01 382.66 397.31 411.96 425.97 454.09 482.19 510.31 538.40 560.81 604.51 648.21 691.91 735.61 766.75 866.70 966.66 1,066.64 1,422.19 1,166.60 1,555.46 1,271.00 1,694.67 1,443.86 1,925.14 1.789.56 2,386.08 1,962.42 2,616.55  50%1 Home Health Care Reimbursement  $3,000 FPO 39.20 39.42 39.66 39.88 40.12 40.53 41.21 41.89 42.55 43.24 43.47 43.80 44.13 44.46 44.79 45.33 47.43 49.51 51.61 53.69 56.32 59.56 62.81 66.06 69.30 73.71 80.32 86.93 93.54 100.15 108.12 119.76 131.38 143.02 154.65 168.50 190.64 212.76 234.89 257.02 275.50 311.12 346.76 382.38 418.02 459.67 533.44 607.22 680.98 754.75  $4,500 FPO 58.81 59.14 59.49 59.82 60.17 60.79 61.81 62.83 63.83 64.85 65.20 65.70 66.19 66.68 67.18 67.99 71.14 74.27 77.41 80.54 84.48 89.35 94.22 99.09 103.96 110.57 120.48 130.40 140.32 150.23 162.18 179.64 197.08 214.54 231.98 252.75 285.95 319.14 352.34 385.53 413.25 466.68 520.14 573.57 627.03 689.50 800.16 910.83 1,021.47 1,132.13  $6,000 FPO 78.41 78.85 79.32 79.76 80.23 81.06 82.42 83.78 85.11 86.47 86.93 87.59 88.25 88.91 89.57 90.66 94.86 99.02 103.22 107.39 112.64 119.13 125.62 132.12 138.61 147.42 160.64 173.87 187.09 200.31 216.24 239.52 262.77 286.05 309.30 337.00 381.27 425.52 469.79 514.04 551.00 622.24 693.52 764.76 836.04 919.33 1,066.88 1,214.43 1,361.96 1,509.51  $3,000 3%C 89.64 90.51 91.39 92.27 93.14 94.46 96.00 97.54 99.07 100.61 103.08 103.83 104.57 105.32 106.06 107.80 109.96 112.13 114.28 116.44 123.11 126.10 129.08 132.07 135.05 143.58 153.79 164.00 174.21 184.42 195.30 212.64 229.98 247.33 264.66 282.00 305.49 329.00 352.49 376.00 394.39 443.16 491.93 540.69 589.46 634.47 725.32 816.18 907.05 997.90  $4,500 3%C 134.46 135.77 137.08 138.41 139.71 141.69 144.00 146.31 148.60 150.91 154.63 155.75 156.86 157.98 159.09 161.70 164.94 168.19 171.42 174.66 184.67 189.16 193.62 198.11 202.57 215.38 230.69 246.00 261.31 276.62 292.96 318.96 344.97 370.99 397.00 423.00 458.24 493.50 528.74 563.99 591.58 664.74 737.89 811.03 884.18 951.70 1,087.99 1,450.65 1,224.27 1,632.36 1,360.57 1,496.85 1,995.80  $6,000 3%C 179.28 181.03 182.77 184.54 186.29 188.92 192.00 195.08 198.13 201.22 206.17 207.67 209.14 210.64 212.12 215.60 219.93 224.25 228.56 232.88 246.23 252.21 258.16 264.14 270.10 287.17 307.58 328.00 348.42 368.83 390.61 425.28 459.95 494.66 529.33 564.00 610.99 658.00 704.98 751.99 788.78 886.32 983.86 1,081.37 1,178.91 1,268.94 1,814.09  $3,000 5%C 145.36 146.85 148.35 149.84 151.34 154.95 157.63 160.33 163.02 165.72 170.65 172.03 173.42 174.81 176.20 179.17 182.95 186.72 190.51 194.29 204.51 209.72 214.95 220.16 225.38 235.58 245.34 255.11 264.87 274.64 283.98 302.73 321.46 340.20 358.93 373.87 403.01 432.14 461.27 490.41 511.16 577.80 644.44 711.09 777.73 847.34 962.57 1,077.81 1,616.71 1,193.04 1,308.28  $6,000 5%C 290.71 293.70 296.69 299.68 302.67 309.89 315.27 320.67 326.04 331.45 341.29 344.06 346.85 349.61 352.41 358.34 365.90 373.45 381.03 388.58 409.03 419.45 429.89 440.31 450.76 471.16 490.69 510.22 529.75 549.28 567.97 605.46 642.92 680.41 717.87 747.74 806.01 864.28 922.55 980.82 1,022.33 1,155.60 1,288.88  2,155.61  Legend: Future Purchase Option, Automatic 3%1 Increase forl Life- Compound, Automatic! 5%1 Increasef forL Life- -Compound.    NOTE: The language in this resolution has been approved by VRS Benefits Counsela and is not subject tor modification.  Virginia Retirement System  VIRGINIA RETIREMENTSYSTEM P.0. Box 2500 Richmond, VA: 23218-2500  Commonwealth of Virginia Voluntary Group Long Term Care Insurance Program  Employer Adoption Agreement  THIS AGREEMENT (the "Agreement"), executed this [insert date] ist by and between [insert Locality, School Division, or Other Political Subdivision]  day of  20  (the "Employer") and the  Virginia Retirement System (the "Plan Sponsor") (hereinafter collectively referred to as the "Parties").  WITNESSETH  WHEREAS, the Commonwealth of Virginia has established, and the Plan Sponsor is responsible for, the Commonwealth of Virginia Voluntary Group Long' Term Care Insurance Program (the "Plan") in which employees of local governments, local officers, and teachers, as defined in $ 51.1-513.3 of the Code of Virginia  (the "Code"), as amended, may participate; and  WHEREAS, pursuant to the same section oft the Code, the Employer desires to enter into this Agreement WHEREAS, the official entering into this Agreement is duly authorized on behalf of the Employer's NOW, THEREFORE, in consideration of the premises herein, the Parties agree as follows: 1) The Plan Sponsor represents and warrants to the Employer that it will comply with all applicable  with the Plan Sponsor to permit participation ini the Plan by its eligible employees; and  governing body.  laws affecting the Plan.  2) The Plan Sponsor represents to the Employer that it will provide sufficient services to administer the 3) The Employer acknowledges and agrees to the terms and conditions established in the Plan. 4) The Employer agrees to provide the Plan Sponsor's selected long term care insurance carrier with a mail file ofall active employees, in the format provided by the insurance carrier.  Plan and to appropriately respond to inquiries by employees and participants.  VRS Resolution- ELECLTC (Rev. 02/19)    VIRGINIA RETIREMENTSYSTEM: P.O. Box 2500 Richmond, VA 23218-2500  Virginia Retirement System  5) When requested by the Plan Sponsor or the insurance carrier, the Employer agrees to permit the Plan Sponsor's selected long term care insurance carrier to conduct group and individual meetings for the purpose ofe explaining the Plan or enrolling employees on the Employer's premises during normal working hours subject to such reasonable restrictions that the Employer communicates in writing to 6) This Agreement may be amended from time to time by written agreement between the Plan Sponsor 7) The term oft this Agreement shall be for three years beginning on the date ofi its execution, and thereafter may be terminated by either party upon 60 days written notice to the other party.  the Plan Sponsor and that are accepted by the Plan Sponsor.  and the Employer.  IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed, intending to be  bound thereby.  Employer By: Title: Date:  Virginia Retirement System  By: Title: Date:  20_  20_  VRS Resolution- ELECLTC (Rev. 02/19)    MEMORANDUM  TO: FROM:  Mayor and Town Council for the Town of Onancock  Bill Kerbin, Town Manager  SUBJECT: Water and Sewer Bill for the Friends of Onancock School  DATE:  April 22, 2019  While reading the water meter in March, 2019, Public Works staff determined that there was a leak at 6 College Avenue which would result in a bill. The total usage was 1,333,520 gallons. Based on an investigation, it was determined that a leaky toilet had caused the large usage. If Based on Section 7 of lease agreement between the Town and FOS, the first 43,100 gallons of water and sewer is not charged. However, the lease states that if FOS uses more than 43,100 gallons, FOS will pay for such excess at the applicable rates. The total gallons billed was 1,290,420 gallons per this lease provision. The maintenance section of the lease states that "after any new improvements have been made to the premises, FOS will maintain the Premises in good Section 21-45 (4) of the Town Code states that "in no case shall the Town Manager approve an adjustment to water or sewer usage charges for abnormal water usage attributable to leaky toilets." The town has denied other resident's 's requests for adjustments to their sewer and water bills for  billed, the total sewer and water bill would be approximately $34,000.  order and repair."  leaky toilets.  Here are some potential options for you to consider:  (1) Forgive the entire amount of the bill since the town is the landlord and ultimate responsibility for the payment of the bill is the landlord under the Town Code. (2) Forgive the sewer portion but the FOS would still pay the remainder of the water portion oft the bill. Provide an opportunity to set up a payment plan toj pay offt the bill. (3) Decide not to provide any forgiveness for any portion of the bill. Provide an opportunity to set up aj payment plan toj pay offthel bill and explore offering assistance with the payment of the bill through a grant or a loan. The total sewer and water bill is approximately  $34,000.    In addition, school staff plans to require tenants to sign a landlord/tenant agreement holding the tenant responsible for negligent water usage in their respective rentals. I would strongly recommend that these agreements be incorporated into the rental agreements between FOS and Ih have attached the lease agreement, the sewer and water adjustment policy, and the applicable  their tenants.  Town Code section for your review.    10. Properties having a private sewage system at present will be permitted to maintain the existing private sewage system, but not to replace same if town sewage is available or will be made available or will be made available to property line by town at town's expense. When replacement  becomes neçessary, property must connect to town sewage system, if available. town's expense, all new: sewage must be connected to town sewage system.  11. Iftown sewage is available at property line or will be made available by the town at 12. No property presently connected to the town sewage system will be permitted to 13. 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 of this section shall be punishable by a fine of not less  disconnect from town sewage to use aj private sewage system.  than $25.00 nor more than $100.00.  14. 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,  said extension and connection at the property owner'sexpense.  15. All subdivisions shall comply with the provisions of the subdivision ordinance of the Town of Onancock with respect to water and sewage facilities as same may be adopted and amended  from time to time.  Sec. 12-46 Water and Sewer Billing Adjustment Policy.  The following, as adopted by the Onancock Town Council in meeting of May 12, 1997, shall apply to adjustment of unusually high water and sewer billings resulting from water leaks or other  circumstances causing abnormally high water usage:  1. cause shown. 2. water: meter. 3.  All requests for adjustment must be made in writing to the Town Manager within ten  (10) days after billing date; a waiver of said ten-day period may be made by Town Manager for good  The Town is responsible for maintenance of water lines only up to and including the In the case of a 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, ina 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 cases  subject to the following conditions having been satisfied:  A.) The request for adjustment is made in writing within (10) days after the billing  date; a waiver of said ten-day period may be made by Town Manager for good cause shown;  159    B.) A licensed plumber has certified in writing that said leak was repaired C.) Such adjustments of water usage shall not exceed one-half the difference  immediately upon detection of abnormal water usage;  between average water usage for the preceding twelve (12) month period and the abnormally high  water usage resulting from the leak;  D.) In no case shall there be more than one (1) such adjustment in any twelve- In no case shall the Town Manager approve an adjustment to water or sewer usage  month period. 4.  charges for abnormal water usage attributable to faulty toilets, leaking faucets, or other interior plumbing facilities (pipes, water heaters, furnaçes, etc.) within the building the water meter serves. Town Manager may adjust the sewer usage charge only, subject to the following conditions:  5.  In the case of abnormal water usage resulting from exterior hose connections, the A.) A written request for such adjustment is made within ten (10) days of the B.) Such written request states the nature of the problem with the outside hose C.) In no case shall there be more than one (1) such adjustment within a twelve- In no case shall the Town Manager approve an adjustment for abnormal water usage  billing date; a waiver of said ten-day period may be made by Town Manager for good cause shown;  connection and certifies that such problems have been corrected;  month period. 6.  which has not, or cannot, be explained.  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 of Onançock. 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  by the Town Manager may be appealed to the Town Council.  160    Prepared by and Return to: Laura R. Lucas, Esquire McGuireWoods LLP 9000 World Trade Center 101 West Main Street Norfolk. Virginia 23510  Tax Map No.0t4240mano0  LEASE AGREEMENT  This Lease Agreement (this "Lease") is made as of August 27 2007 between the TOWN OF ONANCOCK, VIRGINIA (the Town") and FRIENDS OF ONANCOCKSCHOOL, a Virginia non-stock, non-profit corporation ("FOS").  RECITALS  The Town is the owner of the parcel of real property located on College Avenue in the Town, more particularly described on Exhibit A attached hereto (the "Land"). The building known as the Onancock School (the "School"), and other buildings (collectively, the Improyements") are located on the Land. The Land and the  Improvements are referred to as the Premises".  The Town has determined that general community opinion strongly favors the use FOS was formed by a group of concerned citizens to promote the use of the Premises as a community and cultural campus, and desires to undertake the restoration and development oft the Premises so that they may be used for community purposes.  oft the Premises for use as a community and cuitural campus.  The Town and FOS now wish to enter into this Lease whereby the Town will  lease the Premises to FOS.  AGREEMENT  1. 2.  Lease; Term. The Town agrees to lease the Premises to FOS for aj period Rental. FOS agrees to pay rent to the Town in the amount of One Dollar  of forty (40) years, beginning August 27  2007.  ($1.00) per year, payable in full on the date of this Lease.    3.  Use of Premises. FOS will use the Premises for community purposes as a  non-profit community and cultural campus, including bothi indoor and outdoor spaces for educational, social, recreational, artistic, cultural, athletic and other community activities. By way of illustration, and not by way of limitation, portions of the Premises may be used as meeting space for community groups, classrooms, studio and exhibition space for artists, rehearsal space for performing artists, auditorium space for performances, athletic fields and courts, field houses for athletic activities, and facilities to support the activities ofFOS. FOS agrees not to limit the activities on the Premises to one type, but to provide various artistic, athletic, educational and entertainment opportunities. FOS may operate a gift shop on the Premises to raise funds for its programs and activities. FOS may allow Persons who use the Premises to charge for their goods and services; for example, by way of llustration and not limitation, a painter may sell paintings and a ballet teacher may charge for classes. "Person" means an individual, corporation, limited liability company, partnership or other legal entity. FOS will allow members sof the community access to the Premises for legitimate casual activities such as walking, bird watching and similar activities typically associated with residential neighborhood parks, provided that such activities do not interfere with scheduled activities of FOSO on the Premises.  4.  Rehabilitation and Development. FOS will use its best efforts to  rehabilitate and develop the Premises to be used in accordance with the provisions of Section 3 above. The Town agrees that FOS may make such improvements and alterations to the Premises as may be necessary to accomplish its purposes, provided that FOS agrees that it will preserve the architectural and structural integrity of the exterior of the School, and it will not construct or permit construction ofa new building on the Land, without first obtaining the written consent of the Town for the location of such building and the approval of the Town of the appearance of such building. FOS agees to  accomplish the following within the specified timeframe: (a) Before the first anniversary oft this Lease:  (1) Commence stabilization of the School, including, but not limited to, repair where mud incursion has occurred, and repair of the roof,columns and woodwork; (2) Develop a funding plan including grants, capital campaigns, pledge drives, cuitivation events, sales, a schedule of fees and rental charges and an impletation  schedule for the funding plan;  (3) Complete two cultivation events; (4) Complete one. major fund-raising event; (5) Rent space to at least two anchor tenants; and  (6) Apply for and diligently pursue 501(c)(3) status under the Internal  Revenue Code.  2    (b) Before the fifth anniversary oft this Lease:  (1) Have 50% of the available space (interior and exterior) in use; (2) Create two annual special events to be held on an ongoing basis;  (3) Have adaptive rehabilitation inj progress;  (4) Have funding sources in place which are sufficient to pay operating  expenses; and  (5) Maintain ongoing fund-raising efforts. (c) Before the tenth anniversary oft this Lease:  (I) Complete the major adaptive rehabilitation projects;  (2) Have rents, fees and fund-raising proceeds sufficient to support School (3) Have 75% of the available space (interior and exterior) in use; and  aactivities;  (4) Have on-going annual events.  5.  Maintenance. FOS will care for and maintain the School in a condition  as good as that existing on the date of this Lease. FOS will cut the grass and otherwise care for the Premises. After the rehabilitation of the School and any other buildings has been completed, and after any new Improvements have been made to the Premises, FOS  will maintain the Premises in good order and repair.  6.  Insurance.  (a) Hazard Insurance. The Town agrees to insure the Premises against loss or damage by fire, water, wind and all other causes included within the term "extended coverage" as is available from insurance companies licensed to do business in Virginia, in an amount equal to the replacement value of the Improvements, as that may change from time to time. The Town will maintain such hazard insurance until FOS is financially able to pay for it. FOS will use its best efforts to be in a position to pay for hazard insurance by the date that is five years after the date oft this Lease. Ifa at such time, FOSis not able to pay for such hazard insurance, the Town and FOS agree to negotiate in good  faith to determine an equitable allocation of the! hazard insurance cost.  (b) Liability Insurance. FOS shall maintain for its own and the Town's protection, and at its own expense, a comprehensive public liability insurance policy to the extent of at least $2,000,000.00 coverage for bodily injury and at least $500,000.00  3    coverage for property damage, a copy of which policy shall be furnished to the Town,  including evidence of the payment of annual premiums therefor.  (c) No Insurer. FOS and the Town hereby agree that the Town is not an insurer ofF FOS or its property and, except to the extent required by law, the Town shall not be liable to FOS for any bodily injury or for any damage to! FOS's property located on or about the Premises caused by wind, fire, water, vandalism, or other casualty, provided, that nothing in this Section 6(c) shall affect the obligation of the Town to provide  insurance as provided in Section 6(a).  7.  Utilities. The Town will provide FOS withsewer and water up to 43,100  gallons per quarter, at no charge, during the term of this Lease. If FOS uses more than 43,100 gallons of water and sewer in any quarter, FOS will pay for such excess at applicable rates. The Town will provide electricity and heat for the School for one year from the date of execution of this Lease. The Town agrees that FOS may, at its own  expense, have a weil drilled on the Land, for non-potable use only. compliance with applicable laws, regulations and ordinances.  8. 9.  Signs. FOS may erect such signs on the Premises as may be in Taxes. FOS may apply to the Town for tax-exempt status, which  application the Town will diligently consider.  10. Assignment and Subletting. FOS agrees not to assign this Lease in its entirety to any other Person. FOS may sublease portions of the Land and/or the Improvements to other Persons provided that such Persons are subject to the terms of this Lease and either (a) such Persons are non-profit entities, (b) such Persons provide educational, social, recreational, artistic, cultural, athletic and other community services for profit, consistent with Section 3 ofthis Lease, or (c) such Persons provide other goods ors services which would be allowed by the zoning laws applicable to the Premises.  11. Inspection; Reports; Reviews.  (a) Inspection. The Town shall have the right to inspect the Premises at all reasonable times, provided that the Town will not disrupt the legitimate use of the  Premises.  (b) Reports. FOS agrees to deliver a written report to the Town each year outlining the progress ofFOS toward rehabilitation and development of the Premises and ino obtaining financing, and describing generally the activities of FOS during the previous year. FOS will respond within thirty days to requests from the Town for information  about FOS and the Premises.  (c) Reviews. Approximately on each fifth anniversary of the date of this Lease, the Town and FOS will meet to review the progress and activities of FOS. FOS will acti in good faith to correct any legitimate concerns expressed by the Town in such review. The  4    Town and FOS will each act in good faith with respect to such discussions sO that the Premises will be open and available as a community and cultural campus.  12. Quiet Enjoyment. Upon payment of the rent and compliance with the covenants provided herein, FOS shall have the peaceful and quiet possession, use and  enjoyment of the Premises.  13. North Street Playhouse. FOS acknowledges that North Street Playhouse (the Playhouse") and the Town have had discussions about leasing a portion ofthe Land to the Playhouse for the purpose of constructing a theater and related facilities thereon. If the Town and the Playhouse agree to such a lease, FOS agrees that it will release a portion of the Land (the "Playhouse Parce!") from the Lease sO that it may be leased to the Playhouse. The Playhouse Parcel means approximately two acres of Land located at the northeast corner of the Land, and including part of the parking lot. The exact dimensions, exact location and legal description of the Playhouse Parcel will be agreed to by FOS and the Playhouse at the time the Town and the Playhouse enter into al lease. FOS and the Town shall execute such amendments to this Lease or other documents as may be  necessary to evidence such an event. 14. Parking.  (a) Number of Spaces. FOS agrees to provide for a sufficient number of parking spaces on the Premises to comply with applicable parking requirements  contained in the Town'szoning ordinance.  (b) Responsibility. Construction, maintenance and repair of any parking area "(c) Cross-easement. In the event the Town leases the Playhouse Parcel to the Playhouse as described in Section 13 of this Lease, FOS agrees to enter into a shared parking agreement or similar cross-easement agreement with the Playhouse, in form and substance acceptable to FOS and the Playhouse, providing that each of FOS and the Playhouse shall have access to the other's parking area from time to time. the Premises including inside any Improvements or on the grounds.  on the Premises shall be the responsibility of FOS.  15. Non-smoking Facilities. FOS agrees not to allow smoking anywhere on 16. FOS Board of Directors. FOS agrees to provide in its Bylaws that the Town shall designate a member of Town Council and thel Mayor to serve as members of  the Board of Directors ofFOS.  17. Compliance with Governmental Regulations. FOS agrees to comply with all applicable local, state and federal laws, regulations and ordinances, including, without limitation, the Americans with Disabilities Act, the Virginia Fire Safety Regulations, and the Virginia Uniform Statewide Building Code (collectively, the "Laws"). FOS and the Town acknowledge that the Improvements currently may not  5    comply with the Laws, and FOS agrees that it will comply with the Laws in performing renovations and construction, and it will use its best efforts to bring the Improvements  into compliance with the Laws as work on the Premises progresses.  18. Hazardous Materials. FOS agrees that it will not use or store, or permit to be used or stored, on the Premises any hazardous or toxic substances or materials, except for small amounts of household cleaners and solvents used in the ordinary course  ofFOS'sbusiness  19. Leasehold Encumbrances. If FOS encumbers its leasehold interest in the Premises, such encumbrance will at all times be and remain inferior and subordinate to the covenants, conditions and obligations under this Lease and to all ofthe Town's rights under this Lease. Any buyer at a foreclosure sale, including any lender to FOS, shall  become obligated to the Town as the tenant under this Lease.  20. Mechanic's Liens. FOS agrees not to cause or permit any mechanic's or similar lien to be filed against the fee of the Premises or against FOS's leasehold interest in the Premises. Ifsuch a lien is recorded, FOS agrees either to cause it to be removed, or ifFOS in good faith wishes to contest such lien, FOS shall take timely action to do sO at FOS's sole expense. IfFOS contests such lien, FOS shall indemnify the Town and hold it harmless from all loss, cost, liability or expense arising from the lien contest. If FOS loses the lien contest, FOS shall cause such lien to be discharged and removed before any  judgment is executed.  21. Liability and indemnification.  (a) No Liability of Town. The Town shall not be liable to FOS or any other person for any loss or damage suffered during the term of this Lease on account of any defective condition or depreciation of the Premises or any building, structure or equipment on the Premises, and FOS shall assume all risks to persons or property due to  latent or patent defects in the Premises and fixtures thereon.  (b) Indemnification. FOS shall defend, indemnify and hold harmless the Town, its officers and employees from and against all claims, loss, liability, suits and damages, including reasonable attorney's fees, caused by FOS's or its employees' or agents' negligent acts, errors or omissions or willful misconduct related to the use of the Premises, except for any claims, loss, liability, suits oI damages caused by the gross  negligence or willful misconduct of the Town.  22. Default and Remedies. Each of the following shall constitute an "Event (a) Denial of Rights. If FOS denies the Town the exercise of any rights under this Lease or arising by law for a period of thirty (30) days after written notice from the  ofDefault" under this Lease:  Town to FOS;  6    (b) Legal Proceedings. If legal proceedings are commenced against FOS to levy upon or dispose of FOS's leasehold interest in the Premises, and such proceedings  are not dismissed within thirty (30) days after commencement,  (c) Bankruptcy. If a proceeding by or against FOS is commenced with respect to bankruptcy, insolvency, assignment for the benefit of creditors or appointment of a receiver, and such proceeding is not dismissed within thirty (30) days after  commencement,  (d) Illegality. If the Premises are used by FOS, or by others with the knowledge and consent of FOS, for any illegal purpose for a period of thirty (30) days  after written notice from the Town to FOS;  (e) Breach of Covenants. If FOS shall breach any of its covenants or obligations under this Lease other than those breaches set forth in items (a) through (d) above, and such breach shall continue for a period of six months after written notice from the Town to FOS, during which time, FOS and the Town agree to cooperate to try to resolve any differences between them concerning this Lease; the six month period set forth herein shall not apply to the breaches set forth in (a) through (d) above, which shall  be governed by the time periods set forth therein.  If an Event of Default has occurred and remains uncured after the expiration of any applicable cure period, the Town shall have the right to enter the Premises and take possession by any lawful means. In addition, the Town shall have the right to pursue a claim for damages against FOS. If FOS abandons the Premises, the Town may take possession of the Premises by any lawful means. If the Town has to resort to legal process to protect its interests as a result of FOS's breach of this Lease, FOS will be liable to the Town for its costs incurred, including reasonable attomey's fees.  No waiver of any default or forbearance by the Town shall be effective unless in writing and executed by the Town. Any forbearance by the Town in exercising any right or remedy shall not be a waiver or preclude the exercise of any right or remedy available  tot the Town.  23. Termination. Upon termination of this Lease, FOS shall peaceably and quietly deliver to the Town possession of the Premises and the Improvements, including fixtures, which FOS has constructed on the Premises. FOS shall retain its equipment or  other personal property.  24. No Partnership Created. The relationship between the Town and FOSis solely that of lessor and lessee. The Town has no fiduciary relationship with FOS and nothing in this Lease is intended to create any partnership, joint venture, association or similar relationship between the Town and FOS. All agreed contractual duties between the Town and FOS are set forth herein and any other implied covenants or duties are  hereby disclaimed.  7    25. Governmental Immunity. Nothing in this Lease waives any governmental immunity available to the Town under Virginia law, and nothing in this Lease waives any defenses of the parties to claims by third parties under applicable law. 26. Memorandum ofLease. This Lease or an executed Memorandum oft this Lease shall be recorded in the Office of the Clerk of the Circuit Court for Accomack  County, Virginia. The cost or recording shall be paid by FOS.  27. Miscellaneous.  (a) Governing Law. This Lease shall be governed by and interpreted in (b) Amendments: Waivers. This Lease may not be amended orally, but only by a writing signed by the Town and FOS. No provision oft this Lease may be waived by  accordance with the law of Virginia.  the Town except by a writing signed by the Town.  (c) Severability. Any provision of this Lease that is prohibited by or unenforceable under applicable law shall be ineffective only to the extent of such  prohibition without invalidating the remaining provisions of this Lease.  (d) Complete Agreement. There are no oral agreements between the parties regarding this Lease or the Premises. This Lease supersedes any prior agreements or negotiations between the parties and sets forth the entire agreement between the parties  with respect to the subject matter hereof.  (e) Successors and Assigns. This Lease shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective suçcessors and  assigns.  (f) Nonwaiver of Rights. No covenant herein, nor its strict performance, nor any remedy provided for its breach shall be waived or lost by prior acquiescence of the  Town in such breach.  28. Time of thel Essence. Time is of the essence oft this Lease.  29. Notices. All notices required to be given under this Lease shall be in writing, hand-delivered or mailed by United States certified or registered  mail, postage prepaid To the Town at: ToFOS at:  15 North Street, Onancock, VA: 23417 P.O. Box 467, Onancock, VA 23417  8    IN WITNESS WHEREOF, the Town and FOS have executed this Lease under  seal as oft the date first above written.  TOWN OF ONANCOCK) Name: Bruce Paone Title: Mayor  By uc FeIEAD  Attest:  BAS tt  Commonwealth ofVirginia County of Accomack  Icertify that before me appeared this day, Bruce Paone, a person known to me, who after being sworn stated he is Mayor of the Town of Onancock, that said instrument was signed by him, and being informed of the contents thereof, acknowledged execution  of the forgoing instrument on behalf oft the Town of Onancock.  Witness my hand and official seal, this Ar-dapatieptenber 2007.  Public  Notary Seal - RNE 31 3 MATN OF  RR  Karer RSimpsoD My Commission Expires: Decewber 3, 2008  (Printed Name ofNolary)  # (0o114  9    FRIENDS OF ONANCOCK SCHOOL  By: Name: Title:  (SEAL)  Commonwealth of Virginia County of  Icertify that before me appeared this day, Cynthia Serini Downing, a person known to me, who after being sworn stated she is President of Friends of Onancock School, that said instrument was signed by her, and being informed of the contents thereof, acknowledged execution of the forgoing instrument on behalf of the Friends of  Onancock School.  Witness my hand and official seal, this  day of  2007. Notary Public  Notary Seal  (Printed Name ofNotary) My Commission Expires:  10    EXHIBIT A THE LAND  11    36 37 38 5 4 4 39 A 40 41 47 46 See 42 27  33 34 32 31 30// 29 28  387 88  o  J9s 302  390 389 30s 306  65 54  A  het  6o'LGOA  261 262 263  289 86 7 88  269/ 268/ 2677 266 112 113 114  279  25 254 55  3 8I  2  1o  ( 85 we  27  126 125 124 123 122 121  9l08 104 106  89 See95  116 2  A  OEFEACNSCIS  IOI I00 99 98 A  I05 3  A B 119  5  9  24  96  Broncn    Town Manager's Report April22,2019  Harbormaster's Facility Repairs  All interior work has been completed including items from the punch list for the Boating Infrastructure grant. Improvements included new: flooring, and repairs to the rollup door and restrooms.  Wharf] Parking Lot corrected.  Branscome has completed the repairs to the parking lot to address standing water and this issue has been  Neighborhood Revitalization Project  The Accomack Northampton Planning District Commission (ANPDC) Board approved the Northeast Section Neighborhood Revitalization Project. This project may include demolition of vacant homes; creation of new affordable housing; rehabilitation of existing homes and installation of sidewalks. The  ANPDC will provide grant writing and grant administration with this project.  Home and Garden Tour Committee  The Home and Garden Tour checklist is getting completed by Public Works staff. A couple ofi items remain on the list. Ivisited businesses to encourage them to promote this event and other upcoming town events  in2 2019.  Southern Livingarticle  Ireceived a request for photographs for an article to be published in the July, 2019 edition of Southern Living regarding best retirement towns in the South. Onancock is listed as one ofthose towns.  Cellular Tower Progress  The anticipated construction date oft the Verizon cellular toweri is still late April, 2019. Verizon is awaiting approval of their building permit. This is subject to change due to scheduling and weather.  Wharf Interpretive Panel  The wharf interpretive panel should be installed sometime in May, 2019 and not April, 2019. This panel  will include information on wildlife found in Onancock Creek and Town history.  Town Hall meeting Wednesday at 2:30 p.m.  Senator Mark Warner will be holding a' Town Hall meeting at the Eastern Shore Community College this    Town Code Review  Municode has completed its legal review oft the town code. Staffand the Town Attorney are reviewing the suggested changes and reviewing the code for additional changes or corrections. Staff and the town  Attorney will have a conference call on April 291 to discuss next steps.    ONANCOCK POLICE DEPARTMENT Summary of Police Activities for  March 2019  Events initiated Court Traffic  2,107  Number of times attended: Number of summonses issued:  Once 28  Fines:  $968.00  Number of warnings:  22 Number of: 1,669 4 1 9 2 1 1 29 1 5  Number of: 4 2 1 81 1 1 1 122 2 5  Event: Mental Health Welfare Checks Alarms Business Checks Crowd Complaint Animal Complant Littering Residence Checks Business- assist/complaint Suspicious- person/vehicle  Event: Special Patrols Trespassing Firearms- branish Cltizen- assist/complaint Disorderly Conduct Larceny  Assault- on law enforcement Assist- other agency Domestic Assist- motorist