Town of Onancock Town Council Meeting January 28, 2019 7:00 p.m.  1. Call to Order and Roll Call 2. Pledge of Allegiance 4. Public Business  3. Consideration and Approval of the Meeting Minutes from the December1 17,2018 Regular Town Council Meeting and the January 14, 2019 Work Session Meeting. a. Public Hearing: Text Amendments to Town Code Section 24-1 (New Definition of"Attached Structure" and Amendment to "Building, Accessory" Definition) - Councilmember Robert Bloxom b. Update on Broadband Service - Councilmember Joy Marino Resolution in Support ofratification by Virginia of the Equal Rights Amendment to the United States Constitution - Councilmember Joy Marino d. Approval of Partnering with Accomack County to Utilize the Code Red System 2. Approval oft the Town Council Meeting Schedule for Calendar Year 2019- Discussion on' Wharf Operations - Councilmember Robert Bloxom Update of 2018 Goals and Objectives - Town Manager William Kerbin h. State oft the Town Report- - Town Manager William Kerbin 2019 Goals and Objectives- - Town Manager William Kerbin  Town Manager 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- No report 11.Council Comments 12. Closed Session- ifneeded 13. Adjourn    Town of Onancock Town Council Meeting December 17, 2018 7:00 p.m.  Call to Orderand Roll Call:  Mayor Fosque called the meeting to order at 7:00 p.m. and roll was called. Mayor Fletcher Fosque and Councilmembers Robert Bloxom, Catherine Krause, Joy Marino, Ray Burger, Maphis Oswald and Joshua  Bundick were present. All members we present, and a quorum was established.  The Pledge of Allegiance was recited.  Consideration and Approval of the Meeting Minutes from the November 26, 2018 Regular Town Council Meeting: Mayor Fosque asked Council if there were any corrections to the November 26, 2018 With none, Councilmember Bundick made a motion to approve the minutes. Councilmember Krause  meeting minutes as presented.  seconded the motion. The motion passed by unanimous voice vote.  Public Business:  a. Consideration of the Accomack County Sewer Credit = Mayor Fletcher Fosque: Mayor Fosque shared the timeline of events for Accomack County'srequest for al billing adjustment. Council discussion followed. Counciimember Maphis expressed her concern for the County's delay in asking the Town for the adjustment as well as why their original request was for Mayor Fosque explained that their request for an adjustment comes from their faulty meter which the Town reads monthly. Their faulty meter led to some extremely high sewer bills from the Town. They! have since put in a new meter and those readings are on par with their actual Councilmember Bloxom stated that the Town did collect $89,000 more than it should have received due to those readings. That money' was collected for sewage the Town did not treat. Several members of the public spoke in both favor of the adjustment and against. Those that were against the Town crediting the County cited concerns over the fact that the meter was the County'sr responsibility and they had been told by the Town that the meter was having issues, concerns that this credit will negatively impact their future utility bills with the Town, as well as concerns over there being a lack of effective Town Management. Those that spoke in favor of the credit listed the following reasons: the Town needs to be more forward thinking ini its role of partnering with the County in the future; the fact that the Town should not have received the additional revenue since the Town did not treat the sewage; this credit is a sound business decision for Town; and, that the County'sr request for an adjustmenti is being treated like all other adjustment requests the Town receives (fair & equitable).  $157,000 adjustment nowi iti is only $88,000.  consumption.  1    Council discussion followed.  Councilmember Bloxom made a motion to credit the County back. $44,472.00 in equal monthly installments over 22-months contingent upon their agreement to revisit the contract in a timely fashion. Councilmember Krause seconded the motion. Aroll call vote was called.  Robert Bloxom Joy Marino Catherine Krause The motion, passed, four to two.  GYESNO YESANOD GESINO  Ray Burger Maphis Oswald Joshua Bundick  GYESINO YESANO) GYESNO  b. Approval of the Ed Weber Contract for the Replacement oft the Harbormaster Building Floor- William Kerbin, Town Manager: Mr. Kerbin shared the proposal with Council. Council discussion Mr. Lawrence Frey, Justis Street, stressed that the Town should have gone through the competitive bid process even though the Town is not bound by those rules due to its size. Council further discussed holding off on approving Mr. Weber's proposal in an effort to take the Councilmember Bundick made a motion to make agood faith effort to receive more bids for this project and that all bids need to be in no later than. January. 2, 2019. Councilmember Bloxom  centered around the timing, cost and quality oft the scope of work.  Councilmembers Marino & Bundick agreed. time to receive more bid proposals.  seconded the motion. The motion passed by unanimous voice vote.  Public Comment: None. Planning Commission Report: No meeting. Waterfront Committee Report: No meeting. Personnel Committee Report: No meeting. Mayor's Report: No official report was given. Town Manager's Report: Wharf Paving Project depending on the weather.  Mr. Kerbin reported on the following items:  The wharf paving project began on December 13 and was scheduled to be complete by December 15  2    Christmasa and Holiday preparations  Public works staff have been putting up Christmas decorations overt thel last month.  Northeast Neighborhood Revitalization Project  The mayor and Mr. Kerbin met with residents from the Northeast Section and Bobbie Wert, Housing Director for the Accomack Northampton Planning District Commission on December 12 to discuss a potentialr neighborhood revitalization project. The next stepi is to pursue a Community Development Block Grant Planning Grant to determine the specific needs of this neighborhood. Some oft the potential needs may include demolition of dilapidated structures and construction of new housing, rehabilitation of  exiting housing and installation of new sidewalks. Emergency Notification System  Mr. Kerbin has had discussions with C. Ray Pruitt, the Accomack County Director of Public Safety, regarding participating in the County's emergency notification system. He will provide a presentation on the County'ss system at the. January Town Council work session scheduled for January 14.  Council Comments:  Councilmember Krause wished everyone al happy holiday.  Counciimember Bundick thanked the town staff for all their hard work with making the town look sO  festive. Closed Session, if needed: None. Adjourn:  Councilmember Krause made a motion to adjourn. Councilmember Marino seconded the motion. The  motion passed by unanimous voice vote. The meeting adjourned at 8:57 p.m.  Fletcher Fosque, Mayor  Lisa Fiege, Deputy Clerk  3    Town of Onancock Town Council - Work Session Meeting January 14, 2019 6:30 p.m.  Call to Order and Roll Call:  Mayor Fosque called the meeting to order at 6:33 p.m. and roll was called. Mayor Fletcher Fosque and Councilmembers. Joy Marino, Ray Burger, Maphis Oswald and. Joshua Bundick were present. Councimembers Robert Bloxom and Catherine Krause were absent. A majority of members were  present, and a quorum was established. Pledge of Allegiance was recited. Items of Business:  a. Presentation of the Code Red System - C. Ray Pruitt, Accomack County Director of Public Safety: Mr. Pruitt, Director of Accomack County Public Safety, presented the Code Red notification system that the County has been using. Mr. Kerbin reached out to Mr. Pruitt about the Town partnering with the County to utilize the Code Red system as well. The County has agreed to the partnership with the Town at no cost to the Town. Mr. Pruitt explained that this system is geography based and only those in affected areas will receive the notice. Mr. Pruitt also gave some examples of scenarios in which the Town would be able to use the system; storms, fires, missing person, and criminal activity. This system reaches out to landlines automatically, those with cellphones would need to register their number at www.oaccomackvaus under Public Council discussion followed. Council expressed theiri interest in partnering with Accomack b. Review of Proposed Condemnation Ordinance -1 Town Manager William Kerbin: Mr. Kerbin explained that some changes have been made from the original document that Council was presented with in November. In the November Work-Session Meeting, Council indiçated thata a definition ofunsafe/derelict building needed to be added to this proposed Ordinance along with some changes to the prescribed timing for the Town Council and Town Manager to move Council discussed followed. There was a question of who would inspect these properties. A comment was also made that the Town's current Nuisance Ordinance has more teeth then this proposal. Council discussion continued, and it was decided that the Town Manager refer this item back to the Town Attorney for review of the current ordinance and how that matches up Discussion of the Proposed Procurement Policy - Town Manager William Kerbin: Mr. Kerbin reviewed both proposed policies. The first one had tighter requirements while the second one  Safety Department.  County to utilize this service.  forward with condemning a property.  with the new proposal.  was less stringent.  1    Council discussion followed. Discussion centered around the different dollar thresholds, best value versus lowest bid, how to best proceed with emergency purchases, and at what point d. Discussion of the Bids received for Landscaping Services in Town - Town Manager Kerbin: Council reviewed the proposal from Browder Hite for landscaping services. This proposal would Councilmember Marino expressed her concern that the Town had not reached out to enough people and felt that others should also have the opportunity to submit a proposal.  Council would be pulled in for official approval.  include all of the plantings and mulching on certain Town properties.  Review of the Proposed Rental of Town Parks/Facilities Application - Town Manager Kerbin: Council discussion followed. Some items discussed were the possibility of waiving the application fee for groups of certain size and the possibility of allowing these applicants to have  Mr. Kerbin reviewed the proposed rental application with Council.  alcohol at their event with an approved ABC event license.  Adjourn:  Prior to adjournment Mr. Kerbin briefed Council on the transfer of some of the Town streets. Mayor Fosque also mentioned that there is an upcoming class being hosted by VML in Richmond which will review the Freedom of Information. Act and the Open Meetings Act. Mayor Fosque invited other Councilmember Bundick made a motion to adjourn. Council Burger seconded the motion. The motion  members to attend ift they had the availability. passed by unanimous voice vote. The meeting adjourned at 8:39 p.m.  Fletcher Fosque, Mayor  Lisa Fiege, Deputy Clerk  2    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  January 28, 2019  SUBJECT: Approval ofthe 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. 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 at this 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  January 28, 2019  1. Add in General Provisions (24-1) the following definition:  Attached Structure: For the purpose oft this Zoning Code, an Attached Structure is one where a structure is otherwise complete ini itself and 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 ac doorway such that entry between structures is made without going outside. 2. Amend the definition ofl 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 housekeeping purposes 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 to  the main building shall be considered as part oft the main building.    PUBLIC HEARING TOWN COUNCIL TOWN OF ONANCOCK, VA JANUARY: 28, 2019  The Town Council for the Town of Onancock, VA will conduct a public hearing on Monday January 28, 2019 at 7:00 p.m., in the Town Council Chambers located at 15 North Street, Onancock, VA 23417, to consider one (1) text amendment to the Onancock Town code to include Onancock Town Code Sec. 24-1 Attached Structure: An Attached Structure is one where a structure is otherwise complete in itself and depends for structural support or complete enclosure upon a division wall or walls and roofline shared in common with an adja- cent structure, such that such attachment is not able to be removed without significant damage to either or both struc- tures. Typically an Attached: Structure should open directly onto the rest of the dwelling via a doorway such that entry between structures is made without going outside. Onancock Town Code Sec. 24-1 Building, Accessory: A subordinate structure customarily incidental to and located upon the same lot occupied the main structure. No such accessory structure shall & used for housekeeping purposes unless it meets the def- nition of an. Attached Structure defined in this sec- tion, Garages or other accessory structures such as car ports, porches, and stoops attached. to the main building shall be considered as part of the main building. Copies ofthe above application ands site plan are available for review att the Town Office located at 151 North Street, Onancock, VA 23417 duringr normal business hours. Thel public is invited to attend these hearings and comment or participatei in the proceedings. Questions or comments may, be directed to Mr. Bill Kerbin, Town Manager, at 757-787-3363, or email at wherhinSananeckcom. or at  the following:  the work address above.    TOWN OF ONANCOCK  -  ONANCOCK Live it Love it VIRGINIA FOUNDED 1680  15 North Street Onancock, VA 23417  Town of Onancock  Resolution in Support of Ratification by Virginia of the Equal Rights Amendment WHEREAS, equality under the law is a fundamental value of Americans and the people oft the WHEREAS, legislation and court decisions have increased women's access to education, WHEREAS, that same legislation can be repealed and the Supreme Court may strike  To the United States Constitution  Town of Onancock; and  employment, and public service; and  legislation or retreat from its own precedent, thereby eliminating or abridging legal rights currently enjoyed by women, girls, and their families; and  WHEREAS, Americans value the continued participation of women in education, the military, WHEREAS, inclusion oft the Equal Rights Amendment in the Constitution would require  public service, and other spheres of our society; and  courts to apply the same strict level of scrutiny it applies to test the constitutionality of government action based on race, religion, or national origin;  and  WHEREAS, an overwhelming majority of Americans reported in a 2015 poll that they support  an amendment to the United States Constitution to guarantee equal rights for both  men and women; and  WHEREAS, the Equal Rights Amendment was passed in 1972 by Congress, which imposed a WHEREAS, the Constitution does not expressly authorize Congress to impose ratification  seven-year ratification deadline on states, later extended to ten years; and  deadlines on the states, and, moreover, if Congress does have such power, then it  also has the power to extend or eliminate its deadlines; and  WHEREAS, the American Bar Association reaffirmed its support for ratification of the Equal WHEREAS, well after the 1982 deadline set by Congress, Nevada in 2017 and Illinois in 2018  Rights Amendment in 2016; and  ratified the Equal Rights Amendment, bringing the total number of states that have ratified the amendment to 37,j just one shy oft the 38 needed to satisfy the Constitutional requirement that an amendment be ratified by three-fourths of the  states to become valid; and  (757) 787-3363 Phone  (757) 787-3309 Fax  www.onancock.com Website    WHEREAS, the Equal Rights Amendment states:  Section 1. Equality of rights under the law shall not be denied or abridged by the Section 2. The Congress shall have the power to enforce, by appropriate Section 3. This amendment shall take effect two years after the date of  United States or by any State on account of sex. legislation, the provisions oft this article.  ratification.  NOW, THEREFORE, BE IT RESOLVED that we, the Town of Onancock, support the BEITI FURTHER RESOLVED, that we, the Town of Onancock, urge the General Assembly  ratification oft the Equal Rights Amendment; and  ofthe Commonwealth of Virginia to ratify the Equal Rights Amendment to the U.S. Constitution, as proposed by Congress on March 22, 1972, during the 2019  legislative session. day of  Signed this  2018.  Fletcher D. Fosque Mayor Town of Onancock  Resolution Equal Rights Amendment, page 2    SUGGESTED MOTION: Mr. Mayor, I move that the Town of Onancock participate in the County emergency notification system, otherwise known as the Code Red system, and that the Onancock Town Council instruct the Town Manager along with the Police Chief to coordinate with the Accomack County Director of Public Safety to establish a protocol for sending  emergency messages to the County.  AGENDA Code Red system Red system. TIMING: Current DISCUSSION:  TOWN COUNCIL  January 28, 2019  SUBJECT: Approval of the Participation of the Town of Onancock in the Accomack County RECOMMENDATION: Staff recommends the approval of participation in the County's Code  In response to the fox incidents in October, the town staff has been  investigating potential communication venues to reach Onançock citizens during emergencies. Staff reached out to the Accomack County Director of Public Safety for information on their Code Red system. The Director ofl Public Safety provided a presentation on the county's system at the January 14, 2019 Town Council work session. The system is already set to send emergency messages to all residences with landlines. Cell phone users will need to go to wwwcoaccomackvaus to register. The system will not broadcast nonemergency messages, only emergency messages. Emergencies may include road closures, boil water notices, criminal  activity, fires, floods and missing person cases.  Staff: Bill Kerbin Town Manager Attachment: Copy:    Town Council Meeting Schedule for Calendar Year 2019  The Onancock Town Council will holdi its regularly scheduled meeting on the fourth Monday of the month, except dates that may conflict with holidays, and have the following Thursday of that month as an alternate date. The following dates are proposed for calendar year 2019.  Monday, February 25, 2019 Monday, March 25, 2019 Monday, April 22, 2019 Monday, June 24, 2019 Monday, July 22, 2019 Monday, August 26, 2019 Monday, September 23, 2019 Monday, October 28, 2019 Monday, November 25, 2019  Monday, May 20, 2019 (4th Monday conflicts with Memorial Day)  Monday, December 16, 2019 (4th Monday is the day for Christmas Eve)            3    u        is  6        Town of Onancock 2018 State oft the Town Report January 28, 2019  An infrastructure summit was held in April 20181 toi investigate comprehensive infrastructure projects on the Eastern shore. From this summit, planning began on a sewer expansion project, involving various local stakeholders, to extend wastewater services from Nassawadox to Onancock. A preliminary engineering study has begun to determine the feasibility oft this project. Ag group of interested citizens started the Onancock Main Street Initiative to determine the steps necessary to make Onancock a designated Main Street community. The steps have included an informational session in March, 2018, and business and community wide surveys conducted in The Town worked with Verizon Wireless to improve wireless capability. Construction ofar new cellular tower is planned for Spring, 2019 and should include a 2-mile radius. Municode was selected as the vendor to review the Town Code. The entire review should take The' Town began preparations for the 2019 Home and Garden' Tour that willl be held on May 4, The Town has been working with the Accomack Northampton Planning District Commission regarding an interpretive panel for the wharf. The panel will be installed in front of the fuel tank in Spring 2019. The contents of the panel will include information on wildlife found in and along The Town has had discussions with the Accomack Northampton Planning District Commission regarding neighborhood revitalization project for the Northeast section. A planning grant will be applied for by the ANPDC to determine specific needs for the neighborhood. Some oft the possible improvements may include, demolition of dilapidated homes and construction of affordable homes; rehabilitation of existing homes; and installation of sidewalks. The Town received approximately $53,000 in funding from the Boating Infrastructure Grant to make repairs to the harbormaster's facility including new flooring. The Town also received approximately $153,000 from the Virginia Port Authority for wharf parking lot resurfacing, electrical upgrades and ramp improvements. The wharf parking lot was  Fall,2018.  approximately 2 years.  2019. An ad hoc committee was formed to formulate a plan for the event.  Onancock Creek, and history of the town.  resurfaced inl December, 2018.  The Town upgraded its billing software package.  The police department received the following grant funding: $2000 from VML: for amber warning lights; $15,000 from USDA fora a vehicle; $36,694 for general salaries; $5,887.44 for overtime and highway safety enforcement; and $1,258.55 for body armor.                    0 9  d0    2 f  a 8 3  00    d0  00 80    7 5  d0 0 & 8A   0 00 00  00 3    8 e 48  -    4      f    1 D8  3 f  &  d0 0 0 6  D0    a 8  8 8 E    Onancock Police Department  ONANCOCK VA FOUNDED1680  2018 Summary of Department Activities    Incident Case Totals ONANCOCK POLICE DEPARTMENT  Offense  2016 2017 2018  Homicides/Deadly! Force  Murder/Non-neglgent Manslaughter Murder Attempt Shoot into Dwelling Shoot into Vehicle Negligent Manslaughter Justifiable Homicide Deadly Force Against an Officer  0 0 0 2 1 1 2 8 0 1 3 1 0 0 0 0 0 0 0 1 0 5 13 2 3 2 4 0 1 0 2 0 0 0 0 0 0 1 1 2 2 1 2 0 2 1 0 0 6 5 3 0 0 1 6 1 24 14 12 1 1 2 1 0 0 27 21 15 13 14 27 6 9 4  Total  Unattended Death Sex Offenses  Rape Sodomy Fondling  Sexual Assault with an object  Total  Robbery Home Invasion Weapon Law Violations Peeping Tom Assault  Aggravated Assault Simple Assault Intimidation Officer Assault  Total  Domestic  Burglary/Breaking & Entering  Data not tracked    Incident Case Totals ONANCOCK POLICE DEPARTMENT  Offense Larceny/Theft  2016 2017 2018  Shoplifting Theft Motor Vehicle Parts Theft from Motor' Vehicle Theft from Coin Machine Theft from Building All Other Larceny  1 0 4 1 0 0 0 0 5 0 0 0 3 0 4 12 18 18 17 18 31 3 2 2 3 0 0 2 0 6 0 0 3 0 0 1 2 0 10 5 2 2 21 28 21  Total  Motor Vehicle Theft Counterfeting/Forgery Fraud  False Pretenses Credit Card Fraud Impersonation  Total  Bad Checks Destruction of Property Drug/Narcotic Offenses  Drug/Narcotic Violations Drug Equipment Violations  1 9 2 0 0 1 1 9 3 9 17 18 0 1 0 25 13 24 19 14 29 10 6 4 8 16 19  Total  Disorderly Conduct Prostitution Mental Health Trespassing Missing Person Welfare Check  Yearly Total 187 187 234    Activity Summary Totals ONANCOCK POLICE DEPARTMENT  Event  2016 2017 2018  911 hang-up Abandoned Vehicle Accident Alarm Activation Animal Complaint Assist- motorist Assist- Social Services Brandish Firearm Business- assist Business- checks Business- complaint Business- found unsecured Citizen- assist Citizen- complaint Court Crowd Complaint Evade /E Elude police officer Funeral Escort Hit & Run Hospital- related event Investigation Noise Complaint Rescue. Assist Residence- check Residence- found unsecured Special detail Special Patrol Suspicious- aciwity/person/vencle Traffic- detail Traffic- hazard Training Trespass- notice served Wharf Check Unclassified  8 1 12 60 13 49 128 2 1 38 515 1,200 6 10 24 85 24 2 o 4 4 A 44 2 67 653 46 37 A 27 19 7 23  11 3 14 33 20 42 236 1 2 64 1 8 29 91 271 4 1 6 8 641 85 1 36 725] 1 23 37 8 3 19 8  6 1 22 28 24 67 314 0 3 53 820 9 12 29 94 27 4 0 0 5 963 108 13 32 479 1 45 39 5 2 16 17  Assist- other law enforcement agency/officer  8,693 8,849 10,238  1,390 1,180 1,140 1,173 3,114 1,399 13,167 15,890 16,015  Yearly Totals  Information tracked half a year. A Information not tracked.