Town of Onancock Town Council Meeting September 25, 2017 7:00 p.m.  1. Call to Order and Roll Call 2. Pledge of Allegiance 28, 2017 meeting. 4. Public Business  3. Consideration and Approval of the Regular Town Council Minutes from the August  a. United Way Presentation - Mrs. Karen Emerson  b. Hazardous Duty Enhanced Retirement Benefit- Town Manager William Memo Regarding Nonconforming Uses and the Homestay Ordinance - Town  Kerbin  Manager William Kerbin  d. National Guard Partnership - Town Manager William Kerbin 6. Planning Commission Report- Councilmember Fletcher Fosque 7. Waterfront Committee Report - Councilmember T. Lee Byrd 8. Personnel Committee Report - Councilmember Catherine Krause 9. Holiday Committee Report- Councilmember Catherine Krause  5. Public Comment  10. Mayor's Report - Mayor Russell Jones 11. Town Manager's Report- Mr. William Kerbin 12.Closed Session- if needed 13.Adjourn    Town of Onancock Town Council Meeting August 28, 2017 7:00PM  Call to Order and Roll Call:  Mayor. Jones called the meeting to order at 7:00 PM and roll was called. Mayor Russell. Jones and Councilmembers Robert Bloxom, T. Lee Byrd, Ray Burger and Fletcher Fosque were present. Councilmembers Catherine Krause and. Joshua Bundick were absent. A majority of members were  present and a quorum was established. The Pledge of Allegiance was recited.  *Please note that Councilmember T. Lee Byrd left the meeting at 7:35 PM. Consideration and Approval oft the Regular Town Council Meeting from. July24,2017: Mayor. Jones asked for any changes, additions or corrections to the minutes as submitted. With none, Councilmember Bloxom made a motion to approve the minutes as. submitted. Councilmember Burger seconded the motion. The motion passed by unanimous voice vote.  Public Business:  a. Special Use Permit Application, 04:17 - Clancy Herr and Tannis McLaughlin, 26 Ames Street- - Mr. Kerbin explained that the special use permit is a request to operate al homestay: at 26 Ames Street. Mr. Kerbin recommended approval oft the permit. Mayor. Jones asked if council had any Councilmember Byrd asked about off-street parking at that location. Mr. Gil York spoke on behalf of the applicants and shared that the driveway has plenty of room for guests to park. Mr. York also stated that the owners are aware oft the off-street parking stipulation. Councilmember Fosque explained that this item of business needs to be heard in a public hearing. Mayor Jones explained that they were currently in the public hearing section oft this meeting. Mr. Kerbin shared that the special use permit was noticed in the Eastern Shore Post. Mr. York shared that Mr. Herr, one of the applicants, owns other property on the Eastern Shore ofVirginia. Mr. Herr is already familiar with the area and lovesi it. Mr. York continued stating that Mr. Herr plans on utilizing the property for himself as well as an Airbnb rental. Mayor. Jones asked if the public had any comment on1 the matter. Ms. Nancy Arnold, Ames Street, shared that she is not against this use at that location but wants to make: sure that the property will be managed. Stating that there is 25-feet between the properties and since she works from home wants to make sure that the owners are being responsible. Councilmember Fosque explained that there are certain controls outlined in the town code, one of which there must be a number on file at Town Hall for the responsible party that is accessible 24-hoursa day. The applicants can also lose their permit if there are complaints made about their short-  comment.  term renters.  1    Councilmember Byrd made a motion to approve: special use permit 04:17. Councilmember Bloxom. seconded the motion. The motion passed by unanimous voice vote. Councilmember Fosque asked Mr. Kerbin if there is a comprehensive list ofa all of the homestays in town which includes the pertinent contact numbers. Mr. Kerbin said that he would look into b. Hazardous Duty Enhanced Retirement Benefit -Town Manager, William Kerbin- Mr. Kerbin explained to council that they approved the Hazardous Duty expenditure for the current budget year. Part oft the process to obtain the Hazardous Dutyl benefit is for the town to complete an actuarial study through the Virginia Retirement System (VRS). Mr. Kerbin asked Mrs. Fiege to Mrs. Fiege reviewed the summary presented to council in the agenda packet. The current year expenditure will increase the town's retirement contribution $52,898.22 if adopted in the September council meeting. Council budgeted $42,000. Mrs. Fiege explained that every year VRS reviews employer accounts and acknowledges rate changes. While this happens annually, the rates are only changed every other year. The study assumed a current baseline rate of 8.77% which would have only been an initial increase the town's current retirement payout of $42,0001 but since the town was not in a rate setting year our actual current baseline is only at the! 5.29% rate. This means more money will be required to jump to the 17.04% rate than was presented in the study. Next yeari is a rate: setting year for the town and the town's rate will be increasing with or without the Hazardous Duty benefit but with the Hazardous Duty benefiti it will raise the town's annual retirement payout to just over $102,000 (this amount is based on the town's current payroll numbers). The reason for the town's significant increase in the employer ratei is largely due to the immediate increase oft the town's unfunded liability. Currently the town is 92% funded ini its VRS account but once the Hazardous Duty benefit is Councilmember Fosque expressed his concern that these high retirement payouts are sinking Councilmember Bloxom asked if other towns on the Eastern Shore of Virginia have this benefit. Mayor Jones stated that Onancock was the last locality on the Shore without the benefit. Councilmember Byrd stated that the town needs to adopt this benefit so that it can remain Councilmember Fosque suggested that council consider dropping the fifth member oft the Police Department and then pay the remaining four officers more which should help make the town a more attractive employer. Better pay should also help with retention efforts. Mayor. Jones stated that council will need to find the additional $12,000 needed to fund the  that.  explain the study results further.  adopted the town's account drops to only 84%1 funded.  localities everywhere.  competitive with other employers in the area.  benefit so thati it can adopted at the next council meeting.  2    Public Comment: None.  Planning Commission Report: Nor meeting. Waterfront Committee Report:  Councilmember Byrd shared that the next meeting will be held September 12, 2017. Councilmember Byrd, Mayor. Jones and Town Manager Kerbin recently reviewed the prints for the floating dock improvement project. Some adjustments were addressed and it will go out to bid shortly. Councilmember Byrd shared that the Onancock' Volunteer Fire Department's First Annual Croaker Tournament was a success. Councilmember Byrd also shared that the kayak race willl bei in September and Bill and Mary Burnham plan on hiring someone to assist with bathroom clean-up.  Personnel Committee Report: No meeting. Holiday Committee Report:  No meeting. Councimember Fosque did update council on the historical banners which are currently at the printers. Ms. Eliza Askew was the artist and she did a tremendous job. Councilmember Fosque shared that committee has also purchased lights for the poles that are on Market Street going out of town. These lights will be LED. Councilmember Fosque asked that Mr. Kerbin, get a letter of  appreciation together for Ms. Eliza Askew.  Mayor'sReport  Mayor. Jones shared that the Bagwell Bridge will be under construction this November. Mayor. Jones stated that this a Virginia Department of Transportation (VDOT) project and they are unsure of an end date. Mayor. Jones also encouraged everyone to check out thet town's new website. It has come a long way. Website visitors can now pay online and have the use of fillable forms. Mayor Jones continued to state that the homepage has a recent picture of Town Hall which is need ofs some maintenance. Mayor Jones thanked Mrs. Lisa Fiege and Mr. Bill Kerbin for their hard work on this project. Councilmember Bloxom expressed his disappointment that the online bill pay had a convenience fee attached toi it. Mrs. Fiege mentioned that there also a credit card fee when using the credit card machine in Town Hall and the convenience fee for the online bill pay was less than the fee to swipe your  card at Town Hall. Town Manager's Report:  Mr. Kerbin reported to council the following:  Mr. Kerbin submitted a formal request to the National Guard to assist with various projects in town. Ifapproved, the National Guard will provide assist with the labor. It could take up to 90- Mr. Kerbin is continuing to reach out to businesses in town for the purposes of gathering information for at town business directory. This directory will be also be utilized by the Davis, Bowen & Friedel, Inc. is in the process of finalizing the specifications for the floating dock  days before the town! has been granted approval.  Christmas Homes Tour. improvement project.  3    The town has applied for a risk management grant from the VML Insurance Program for gun safes for the Police Department. Ifawarded the town will receive $2,000 for this initiative. As part of the application process, the town has developed risk management policies which could Police Chief Williams, Public Director Horton and Mr. Kerbin are in the process of drafting an The town has applied for a Tier 1 Boating Infrastructure Grant (BIG) to assist with the repair of the bathhouse, office and laundry room floors as well as to reseat and replace the roll-up door. The estimated cost of this project is approximately $63,000. The town is requesting $43,000 from BIG and the town match would be about $16,500. The town will not find out if the grant proposal has been approved until March 2018 and construction on the floors will not start until  help to lower the town's insurance premiums. Emergency Management Plan for the town.  the end oft the 2018 boating season.  Closed Session, if needed: None needed. Adjourn:  Councilmember Fosque asked if the town was still spraying for mosquitos. Councilmember Bloxom Councilmember Bloxom made a motion to adjourn. Councilmember Fosque seconded the motion. The  confirmed that he sees the fogger frequently first thingi in the morning.  motion, passed by unanimous voice vote. The meeting was adjourned at 7:39 PM.  Russell. Jones, Mayor  Lisa Fiege, Deputy Clerk  4    SUGGESTED MOTION: Mr. Mayor, I move to adopt the VRS-Hazardous Duty Benefit for the Town ofOnancock's police department employees effective October 1, 2017.  AGENDA  TOWN COUNCIL  September 25, 2017  SUBJECT: Adoption of the VRS-Hazardous Duty Benefit  RECOMMENDATION: Staffrecommends: approval ofthe adoption ofthe benefit.  TIMING: Current  DISCUSSION: An updated summary is attached.  Staff: Bill Kerbin Town Manager  Attachment: Resolution for Adoption ofVRS-Hazardous Duty Enhanced Benefit  Updated Summary  Copy:    VRS-Hazardous Duty Enhanced Benefit Updated Summary September: 19, 2017  Inar recent conversation with VRS it was explained that thei initial employer rate increase will only be 8.07% not the initial 17.04% (an increase of 11.75% to the town's current 5.29% rate) that was discussed in the August Town Council Meeting. Council budgeted $42,0001 for this expenditure but based on the town's current payroll the 8.07% rate increase will only require $36,268.11 increase to the  current year's retirement payout.  The 17.04% employer will become effective July 1, 2018 ift the benefit is adopted.    CM  LEO  Cavanaugh Macdonald CONSULTING.LLC The experience and dedication you deserve  June 6, 2017 Mr. William H. Kerbin, Jr. Town Manager Town of Onancock 15North Street Onancock, VA 23417 Positions with 1.70% Dear Mr. Kerbin:  E  Town of Onancock (55391)- Cost Study for Enhanced Benefits for Hazardous Duty  As requested, we have evaluated the impact of providing benefits to full-time law enforcement officers of the Town of Onancock participating in the Virginia Retirement System under the enhanced hazardous duty benefit provisions for law enforcement officers (LEO) of Subsection B of $ 51.1-138 of the Code of Virginia with a 1.70% Int the attached exhibit, we present a summary comparing the current benefits. Members hired prior to July 1, 2010 and vested prior to January 1, 2013 are in Plan 1, while members hired after July 1, 2010 or not vested as of January I, 2013 are in Plan 2. Members with non-hazardous duty benefits employed on or after January 1, 2014 are in Our study is based on the data and actuarial assumptions and methods used in the June 30, 2016 actuarial valuation for Town of Onancock. VRS provided us with data identifying 5 employees eligible for the proposed benefits. One of these employees was not in the June 30, 2016 actuarial valuation but was included in the study based on the study data provided by VRS. In the table below, we present a summary of the data used  benefit multiplier.  the Hybrid Plan.  toe estimate the impact of providing enhanced hazardous duty benefits:  35501 Busbec Pkwy. Suitc 250. RenesIw.GA 30144 he6yNIB-I7WD Fax (678),3XX-1730 MXANIAXKMNANRXtNN Oilices in ImpbwswiC-Kumsn (i Bclicvuc. NE    CM  Mr. William H. Kerbin, Jr. June 6, 2017 Page 2  LEO  Dasummary Daa Summary  6/30/2016 Valuation  with Study Data 5 3 1 4 1 14  Active Members Plan I General Members Plan 2 General Members Hybrid General Members Plan 11 LEO Members Plan 21 LEO Members Total Active Members  8 3 2 0 0 13  Int the table below we present the estimated cost to provide the proposed benefits outlined on the previous page for all eligible employees. The Estimated First Year Employer Cost in columns (2) and (3) represents the total cost of adding one new general employee and the total cost of granting enhanced benefits to the 5 eligible employees with a 1.70% benefit multiplier, respectively. The increases in contribution rates and estimated dollar contribution amounts in column (3) are in comparison to the cost in column (2) of the  current plan, including the one additional member.    CM  Mr. William H. Kerbin, Jr. June 6,2017 Page 4  LEO  The undersigned is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial  opinion contained herein.  Please let us know ifyou have any questions. Dene  Jose I. Fernandez ASA, FCA, MAAA, EA Principal and Consulting Actuary Copies to: ZaeAnne Allen (VRS)  Sincerely,  Rory Badura (VRS) Cynthia Wilkinson (VRS) Andrew Feagans (VRS)  S:2017Vrginial Retirements SyslemslStudies- Locals/Omancock, Towne of- LEOs nsTeipDowooamea, LEOBenefis.doc        TOWN OF, ONANCOCK  ONANCOCK Live it Love it VIRGINIA FOUNDED 1680  15 North Street Onancock, VA 23417  Town of Onancock VRS-Hazardous Duty Benefit Resolution  Be it hereby resolved that the Town of Onancock, Virginia, a political subdivision currently participating ini the Virginia Retirement System under Title 51.1, Chapter 1, Article 5 oft the Code ofVirginia, as amended, acting by and through its Town Council does hereby elect to have such employees oft the Town of Onancock who are employed in positions as full time salaried Police Officers and whose tenure is not restricted as to temporary or provisional appointment, to become eligible, effective October 1, 2017, to be provided benefits ini the Virginia Retirement System equivalent to those provided for State police officers of the Department of State Police, as set out in Section 51.1-138 of the Code of Virginia, in lieu of the benefits that would otherwise be provided as such code has been or may be amended from time to time, and the Town of Onancock agrees to pay the employer cost for providing such employees such benefits. Be it further resolved that Mr. William Kerbin, Jr., and Mrs. Lisa Fiege, Deputy-Clerk, are hereby authorized and directed in the name of the Town of Onancock to execute any required contract in order that the above described employees of the Town of Onancock may become entitled to retirement benefits equivalent to those provided for State police officers of the Department of State Police. In execution of any contract which may be required the seal of the Town of Onancock shall be affixed and attested by the Clerk and, said officers of the Town of Onancock are hereby authorized and directed to do any other thing, or things, incident and necessary in the lawful conclusion of this matter. The Treasurer of the Town of Onancock be and is hereby authorized and directed and pay over to the Treasurer of Virginia from time to time such sums as are to be paid by the Town of Onancock and its employees for this purpose.  (757) 787-3363 Phone  (757) 787-3309 Fax  www.onancock.com Website    CERTIFICATE  Clerk of the Town of Onancock of  Virginia,  certify that the foregoing is a true and correct copy of the resolution passed at al lawfully  organized meeting of the Town of Onancock Town Council held at  Virginia, at  o'clock p.m. on  20_ Given under my hand and seal  oft the Clerk oft the Town of Onancock this  day of  20  Clerk    CUSTIS, DIX, LEWIS & CUSTIS, L.L.P.  ATTORNEYS ATLAW ACCAWMACKE OFFICE CENTER 23345 COUNSEL: DRIVE P.O.) Box577 ACCOMAC, VIRGINIA2 23301 757-787-2770 FAX 757-787-2352 E-Mail: johngeustislawefics.om September 20, 2017  HENRYP.CUSTIS, JR. THOMASB. DIX, JR. LYNWOODI W. LEWIS,JR, JOHNP. CUSTIS RACHELL. KELLAM Associate  ONLEY OFFICE 25020 Shore Parkway Suite 2A Onley, VA23418 757-302-4131  Mr. Bill Kerbin  BYEMAIL  Town Manager, Town of Onancock RE: Existing Homestay/AirBnb Regulation  Dear Bill:  You have asked for our legal opinion regarding the regulation of properties in the Town of Onancock that were renting out rooms for short term rentals (i.e. AirBnb, HomeStay, etc...)prior to the passing of an Ordinance regulating such short-term rentals. Specifically, the Town recently passed an Ordinance permitting such in a residential neighborhood only after obtaining When the Town adopts or amends its zoning ordinance, the land within the Town is already subject to certain regulations and the land is already being used for uses that may not conform to the new zoning regulations. It is well established under Virginia law that "as to an existing use, absent condemnation and payment ofj just compensation, the landowner has the right to continue that use even after a change in the applicable zoning classification causes the use to become nonconforming. See Hale V. Board of Zoning Appeals for the Town of Blacksburg, 277 Va. 250, 271, 673 S.E.2d 170, 180 (2009); Board of Supervisors of Fairfax County V. Board of A nonconforming use is a lawful use that exists on the effective date of the zoning regulation and continues from that date in non-conformance to the ordinance. Virginia Code $ 15.2-2307 provides statutory protections for these uses, in the form of vesting certain rights in the landowner, specifically the right to continue the use under certain conditions, such as () the nonconformity must continue, and (ii) the nonconformity may not be enlarged on the property, or You have specifically asked whether the Town has the right to require those uses to now go and obtain a special use permit. It is our legal opinion that the answer to that question is no, sO long as such a use is considered a nonconforming use. Iami more than happy to discuss in more detail or to answer any additional questions you may have regarding this matter. Thank you to you and  as special use permit.  ZoningAppeals of Fairfax County, 271 Va. 336, 626 S.E.2d374 (2006).  else it will lose its nonconforming status.  to the Council for all you do for our Town.    JohnP P. Custis, Esq. ID    Town ofOnancock Public Notice  The Town ofOnancock intends to solicit assistance from the Department ofDefense's) Innovative Readiness Training Program. The assistance will include resurfacing streets, renovating the Samuel Outlaw building, clearing a lot for a firing range, repairing sidewalks, replacing pedestals at the wharf, installing an electric line and painting curbs in order to provide general support for various public works and community development projects. Contractors, labor unions, or private individuals who have questions or wish to voice opposition to military assistance for this project may contact Bill Kerbin, Town Manager at 757-787-3363 or at wkctoin@onansk.con no later than October 30, 2017.Persons not filing comments within the time frame noted will be considered  to have waived their objections to military assistance for these projects.    Town Manager's Report September 25, 2017  Business Directory/Christmas Homes Tour  Ihave finalized the business directory; however, Ia am still missing some information from some businesses. Since this is an ongoing process, Iv will continue to reach out to these businesses to  achieve a goal of100% participation. Wharf floating docks by September 29. Police Department Grants  A pre-bid meeting was held for interested bidders on the project on September 14. Bids are due  The police department has been awarded 2 grants: $2,000 for gun locks for the police cars and  $6,500 for overtime for seat belt checks. Emergency Management Plan  The Police Chief, Director of Public Works and I are continuing to draft an Emergency  Management Plan for the town to address manmade and natural disasters.  Meeting with State delegation  The mayor and I will be meeting with Delegate Rob Bloxom and Senator Lynwood Lewis on September 28 to discuss assistance with regulatory streamlining and potential funding  opportunities.  VML and ICMA Conferences  Iwill be attending the VML conference in Williamsburg from October 1 through October 3 and  the ICMA conference in San Antonio from October 23 through October 27.    ONANCOCK POLICE DEPARTMENT Summary of Police Activities for  August 2017  Events initiated  1,207  Court:  Number of times attended Amount of fines  Twice $2,436.00  Calls for Service-  Call Type Trespass Disorderly Road Rage Assault Domestic Larceny  Number of Times 2 3 1 1 1 1  Display pornography to child 1    Activity Log Event Summary (Cumulative Totals)  ONANCOCK POLICE DEPARTMENT 08012017-08512017  <No Event Type Specified> 102. WARNING 11.ASSIST- another Onancock offiçer 115. REGISTRATION- not inp possession 125. IMPROPER CONTROL- falluret tor maintain pr 13.ASSIST- motorist 141.ASSAULT-sexua) 145. SUSPENSION- notice served 148. WELFARE CHECK 156. INSPECTION- expired 158. REGISTRATION- expired 2.ALARM 23. BUSINESS- found unsecured 25. CITIZEN- Complaint 28. CROWD COMPLAINT 32. ASSAULT- domestic 42. ESCORT- funeral 49. REGISTRATION- improper 50. INVESTIGATION 56. REGISTRATION- frontt tag not displayed 60. INSPECTION- not displayed 66. OPEN AIRI BURNING 77. RECKLESS DRIVING-bys speed 82. SEATBELT- person over 16) yoa 89. SPEEDING- 20 mph and above 91. OPERATOR! LCENSE-PAndaNs 94.S SUSPICIOUS- vehicle Total Number Of Events: 1,106  1 1.AÇCIDENT 12 107. BUSINESS-Assist 18 114. TRAINING 12.. ASSIST-rescue 128. MENTAL HEALTHPROBLEMS 5 132. WHARF CHECK 142. SPECIAL PATROL- area/check 2 146.A ASSIST- assisted by outslde agency L 152. WRONG WAY- Wrong' Way on a One Way $ 2 157. OPERATOR LICENSE- explred 18. ASSIST- Onley Police 22. BUSINESS- check 24. CITIZEN-, Assist 14 27.COURT 29. EQUIPMENT- defective 38. STOP SIGN-1 fallure to stop for 45. 911- hang up call 5. ANIMAL COMLPLAINT 51. LARCENY 2 57. INSURANCE- none expired 61. OPERATOR LICENSE- not valid 7.ASSAULT 80. RESIDENCE CHECK 88. SPEEDING- 10 thru 19 mph 9.ASSIST- ACSO 2 92. SUSPICIOUS- activity 2 98. TRAFFIC-hazard  8 2 8 3 100 721 7  92 2 2  2 30 8 10 4