Onancock Town Council Meeting  AGENDA February 27, 2017 7:00 p.m.  1. Call to Order and Roll Call 2. Pledge of Allegiance 4. Public Business  3. Consideration and Approval oft the Regular Meeting on January 23, 2017 and the  Special Meeting on February 16, 2017.  a. Public Hearing, Special Use Permit - Mr. and Mrs. Edwin Butterfield, 49 King b. Public Hearing, Special Use Permit- - Eastern Shore Enterprises, 51 Market Tourism Commission Presentation - Ms. Kerry Allison d. Friends of Onancock School Annual Report- Ms. Joani Donohoe Onancock School Lease. Agreement Addendum - Mr. William Kerbin Proposed Homestays Regulations - Mr. William Kerbin Free Little Library - Ms. Kathy Carmody and Mrs. Janet Rochester h. Request to Change Business License from Gross Receipts to Taxable Income -  Street Street  Ms. Terris Kennedy  5. Public Comment  6. Planning Commission Report - Fletcher Fosque 7. Waterfront Committee Report-1 T.Lee Byrd 8. Personnel Committee Report 9. Holiday Committee Report- Catherine Krause 10. Mayor's Report 11.Town Manager's Report 12. Closed Session (ifneeded) 13.Adjourn    Town of Onancock Town Council Meeting January 23, 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, Catherine Krause, T. Lee Byrd, Ray Burger,Joshua Bundick and Fletcher Fosque were present. All members were present and a quorum was established.  The Pledge of Allegiance was recited.  Consideration oft the Meeting Minutes from the November 28, 2016 Meeting: Byrds seconded the motion. The motion, passed by unanimous voice vote.  Mayor. Jones asked if there were any additions, changes or corrections to the minutes as submitted. With none, Councilmember Krause made a motion to adopt the minutes as submitted. Councilmember  Public Business: aquorum.)  (*Please note: item C. was discussed first due to the fact that the Planning Commission did not yet have a. Joint Public Hearing, Planning Commission and Town Council: Homestays Proposed Town Code Councilmember Fosque acknowledged that Planning Commission members. Judith Grier, Scott Councilmember Fosque read the proposed Planning Commission's Homestay Regulations aloud. Homestays must apply for a town business license and are subject to quarterly transient Owner must apply for aspecial use permit and provide proof of permanent residence of the The number of overnight guests will be determined by the zoning administrator and will be Homestays shall comply with applicable town, county, state and federal statutes, Mr. Alan Silverman, Parker Street, explained that to establish one's permanent residence the owner must live at the dwelling for 185 days a year. Councilmember Krause confirmed that statement. Commissioner Grier also explained that it would be the residence in which the Councilmember Krause asked for clarification on the owner-occupied rule. Councilmember Krause asked if youl live at a residence for half of they year but you are not registered to vote there you would bei ineligible, by this regulation, to rent your home as al Homestay in town. Mayor Jones statedi if they are not registered to vote in town then it would preclude them from  Restrictions: Mayor Jones opened the joint public hearing at 7:26 PM. Schreiber, and Ridgeway Dunton were present in addition to himself.  The following are the proposed requirements: occupancy tax submissions.  dwelling.  Applicant musti identify responsible party.  based on the number of bedrooms, size of house and lot size.  regulations and ordinances.  owner is allowed to vote.  1    renting out their home on a short-term basis. Councilmember Fosque confirmed that they would not be eligible to rent out the home on a short-term rental basis. Mayor. Jones asked how council would be able to enforce the 185-day policy. Councilmember Fosque stated that it Councilmember Krause asked if the owner had to be present while renting the Homestay. Councilmember Fosque explained that the owner would not need to be present. Councilmember Fosque continued on to state that the owner-occupied provision isagray area. Mayor. Jones asked for Councilmember Fosque to explain the Planning Commission's rationale for the owner-occupied provision. Councilmember Fosque explained that the Planning Commission is concerned about absentee landlords buying up properties in town. Concerned about protecting the rights of those in the residential districts. This language would circumvent outside investors from buying up properties in town for this purpose. Councilmember Fosque clarified that those currently operating a Homestay int town would not be subject to these regulations but would be grandfathered in. Counciimember Burger asked whyi it was bad for investors to buy property. Councilmember Fosque stated thati it would decrease property value in town. Councilmember Burger stated that he feels that if property was being purchased ata a higher rate, that it would in turn automatically increase property values. Councilmember Byrd stated that residents in town want real people buying property in town. Councilmember Fosque stated that the Planning Commission wants permanent residents buying the property. Councilmember Fosque expressed his concern about the town potentially turning into Cape Charles, VA. He also explained that during the winter months no one is around because the homes are mostly used as summer vacation rentals. Commissioner Grier is concerned that this itemi is a sticking point, foreshadowing that certain parts of town may not be happy to learn that the house next to them nowl has different types of people rotating in and out. Commissioner Grier feels that the owner-occupied provision is a necessary component to the regulation, giving Mr. Alan Silverman, Parker Street, shared that while the issue is valid what type of provisions are there in the code fore enforcing the regulations on the violators. Councilmember Fosque agreed that enforcement in town has not been as rigid was he would like, stating that it would mostly Councilmember Bundick shared that the onlyi item in the proposed language he is concerned about is the owner- occupied provision. Could council further empower the zoning administrator to review the variance? Councilmember Fosque stated that the town needs residents. Councilmember Bundick suggested that council move forward with regulating Homestays in smaller steps, stating that they could make further restrictions down the road. Mayor. Jones read aloud some discussion points that were given to him by a neighbor that currently operates al Homestayi in town but was unable to be present. Mayor. Jones shared that the neighbor purchased their home in Onancock as a second home, a future retirement home, they rent as a Homestay to assist them with the financial upkeep of a second home. Mayor Jones shared that since his neighbor has been doing these short-term rentals hel has had no problems or concerns about the people his neighbor rents to. Those renters eat in town, shop int town, and spend their money in town. Councilmember Fosque asked why they were not  would be up to the zoning administrator.  the town a modicum of control over these rentals.  be based on neighbor complaints.  present to have their issues with the proposed language heard.  2    Ms. Ann Nock, Market Street, expressed her concern that council and the zoningadministrator Mr.. John Morrison, Mallard's at the Wharf, spoke on behalf of Mr. and Mrs. Scott Williams on King Street that also operate a Homestay. They were unable to attend the public hearing since they do not live int town full time. The Williams divide their time between Onancock. and Woodbridge since they are still working full- time. They purchased their home on King Street aftera al huge fire in 2000 and then spent approximately eight years restoring the home to its original integrity and style. A few years ago the Williams' decided to rent their home out ona short-term basis to assist with the financial burden of owning two homes. Since the King Street home is where the Williams' plan on retiring to, they are extra cautious as to who they rent their home to. Theyacknowledge the town's need for some regulations in regards to Homestays in town, but not sure that what they are doing differs much from the town renting boat slips to transient boaters. The Williams' stated that to date they have yet to have one complaint froma Mrs.. Janet Fosque, Market Street, is concerned when: she hears council say, "there has not been any problems to date." Stating that thisi is a poor excuse for not being proactive with regulating the Homestays, Mrs. Fosque feels that there is no way to enforce all future Homestays to be Councilmember Fosque explained that council does not need to vote on this issue at this time. Commissioner Dunton shared that this issue has been growing across the county and has created a lot of issues for other localities, and in some cases taking viable housing options away Councilmember Fosque asked if council was interested in taking out the owner-occupied Mr. Rick Turner, Onancock Street, expressed his desire for council to adopt the regulationasit Councilmember Bloxom acknowledged that there are some very reasonable second home owners but that there is no guarantee that they willl be cautious landlords; council runs the risk of being arbitrary with the passage oft this language. Councilmember Bloxom suggested one Councilmember Burger feels that there may be times when one person with more than one Councilmember Fosque asked council for directives to take back to Planning Commission. Is Councilmember Bloxom suggested that the language acknowledge the rights of second homeowners. Councilmember Krause agreed that second home owner's rights are an important  will not be able to enforce their own regulations.  neighbor about their Homestay guests.  exemplary without these types of provisions.  from long-term renters or owners.  language. stands.  owner one special use permit.  home ini town would want more than one permit. council okay with the proposed language minus item two?  aspect of our community, an aspect we should want to maintain.  3    Mayor Jones closed the public hearing at 8:25 PM.  b. Public Hearing, Wharf Restroom Policy: Mayor. Jones opened the public hearing at 8:26 PM. Mr. Kerbin explained that this is a housekeeping item. Back in September, council adopted a wharf restroom policy for the town wharf. The public hearing this evening is to adopt the policyi into Mayor Jones asked council and the public if there was any discussion on the topic. Mr. Rick Turner, Onancock: Street, asked Councilmember Byrd to read the policy aloud since he did not have time to read it before the meeting. Councilmember Byrd read the policy aloud.  the Town Code.  Mayor. Jones closed the public hearing at 8:32 PM.  Councilmember Byrd made a motion to adopt thej following ordinance for the wharf bathroom and: shower use: Bathrooms are open to the public during hours that the Harbormaster, facility is  open but not. showers:  The Harbormaster will adhere to the following protoco!:  a. Designate up to two bathrooms for a particular event group, hence retaining separate bath houses for transient guests throughout the function. Signage will be used to segregate units. Showers will be closed andi noj fee will be charged for bathroom usage. b. Inc cases that the event planner chooses to have. showers available, for their participants (kayak races for instance), prior to the event, the organizers and the Harbormaster will determine the fee charged each person on the number total entries as well as how many Councilmember Krause seconded the motion. The motion passed by unanimous voice vote. Samuel Outlaw Building Project: Mr. Kerbin introduced Mr. Gerald Boyd, the Executive Director of Eastern. Shore Training and Consulting Inc. Which is located in Exmore, Virginia. Mr. Boyd is working on creating a 501c3 organization that will assist the town with restoring the Samuel Outlaw Building as well as making it a historical destination on the Eastern Shore of Virginia. Mr. Boyd shared that Mr. Outlaw passed in: 1994 at which point the progress to convert the old buildingi into a museum stalled out. Now with Mr. Boyd's leadership and several other volunteers the project is back up and running. Accomack County Building and Zoning has assessed the building's structural integrity. Mr. Boyd is pleased to announce that the building is ing good condition. Currently, volunteers are working on cataloging the contents of the building. Mayor Jones asked for council's approval to appropriate. $1,000.00 from council's discretionary fund so that the Samuel Outlaw project can apply for the 501c3 distinction. Councilmember Byrd expressed his support for the project. Councilmember Bloxom feels that this would be a great drawing cardj for the town. Mayor. Jones asked for a voice consensus. All agreed. d. 2016 Annual Police Department Report: Police Chief, Eric Williams, reviewed the Annual Police Department Report for council, stating that 2016 was a difficult year for the police department  showers to be designated.  4    with four people being shot and 13,186 total event initiated over the year. Events include foot patrols, house and business checks as well as dispatched calls. Traffic summons declined last year. Chief Williams also shared that there has been an increase ofgang activity in town over the past year. The department has worked to curtail some of those activities in town via additional drive-bys as well as more light poles being activated in those areas. Councilmember Burger asked why the "events initiated" increased sO much over the past year. Chief Williams explained that previously only the chief logged calls that came in and now Councilmember Byrd thanked Chief Williams and his staff for their hard work over the past year Councilmember Bioxom asked if the gang activity is originating outside oft town or inside. Chief Williams explained that iti is both. Councilmember Bloxom asked if the offenders are mostly Mrs. Nancy. James, Blarney Stone Pub, thanked Chief Williams and his staff for all their hard Ms. Terris Kennedy, Blarney Stone Pub, shared that from a business prospective it is great to see the note on their door stating that an officer had been by and the building was secured. Councilmember Bundick shared that he has noticed more light poles int town in working condition. Chief Williams explained that light poles are checked every Sunday and al list of pole outages is given over to Mrs. Fiege sO that a call can be placed into ANEC to repair the light. e. Proposed. Jackson Street Opened for One-Way" Traffic Only: Mr. Kerbin shared that this plan was initially discussed in the November Council Meeting. Mr. Kerbin explained that the purpose of making Jackson Street one-way' was to reduce the amount oft traffic on the road which should Councilmember Bundick asked how much the news signage will cost. ChiefWilliams estimated Chief Williams also suggested that council amend the current motion in front of them, asking that this change begin in 60 days. The delay will give the police department time to notify all affected parties as well as give the town's street crew time to obtain the new signage. Councilmember Fosque made a motion to make Jackson. Street one-way from Market. Street to Kerr Street andi require traffic enter from Market Street and exit onto Kerr Street. Councilmember Bloxom seconded the motion. The motion passed by unanimous voice vote. Proposed Queen Street Opened for One- Way Traffic Only: Mr., Kerbin shared that this issue was also discussed in the November Council Meeting. Mr. Kerbin shared that several individuals expressed concerns about making Queen Street one-way at that meeting. One of the concerns was about the accessibility of driveways where larger vehicles are concerned.  everything gets logged except radar.  especially the additional wharf patrols that they conducted.  juveniles. Chief Williams shared that it is mostly adults.  work helping to make the St. Patrick's Day Parade a successful event.  help slow down the road's rate of deterioration. thati it would cost a couple hundred dollars.  5    Councilmember Fosque expressed: some concern oft the parking lot's accessibility during the Mayor. Jones wants traffic to be directed to that parking lot. Mayor. Jones also shared that there are currently three different proposals for how to best structure this proposed change. Mayor Jones explained that the Queen Street exit/entrance is the only place on Market Street where there is parking on both sides oft the street. Stating that this change would eliminate vehiçles 2016 State of the Town: Mr. Kerbin highlighted some items ofi interest that the town initiated in Awarded $200,000.00 from the Virginia Port Authority to assist the town with replacing the Utilized grant funds from the Boating Infrastructure Grant and Virginia Port Authority to Utilized grant funds from the Boating Infrastructure Grant to complete as study on the future Utilized grant funds from the Boating Infrastructure Grant to advertise the town's wharf through different boating magazines and boating resources such as the Waterway Guide. Secured a grant from the Virginia Commission of Arts for the Local Challenge Grant which allows the town to donate funds to local groups sucha as The Orchestra of the Eastern Shore  Onancock Farmer's Market on Saturdays.  entering Market Street at that location.  over 2016.  fixed finger piers with floating docks. replace the bulkhead cap at the wharf. of the wharf area in town.  and the Accomack Community Band. Water: and Sewer billing moved to bi-monthly. Active Facebook page.  Welcomed new town manager as well as two new councilmembers.  Eliminated: a department head position which saved the town approximately $64,000.00. Real Estate taxes were increased. $.02/$100.00 to cover the revenue short fall that was Delinquent real estate taxes were turned over to Mr. James Elliott for final collection. Partnered with Mr. Gerald Boyd to rehabilitate the Samuel Outlaw building. Holiday Committee implemented its decoration plan to bring a new Christmas tree to Custis Mr. Kerbin thanked Mrs. Fiege for assistance with compiling the list of town achievements. h. Town Council Meeting Schedule for CY2017: Mr. Kerbin explained that this is a yearly housekeeping item. This will set the meeting schedule for council for the current year. All council meetings will be on the fourth Monday of the month. Mr. Kerbin pointed out that the December meeting will need to be moved to the week before since Christmas will fall in the Mayor Jones reminded council the "rain date" for a council meeting will be Thursday following Councilmember Bundick made a motion to approve the 2017 calendar year meeting schedule with the acknowledgement of the Thursday "rain date". Councilmember Bloxom. seconded the  anticipated by the lowered assessments.  Park.  fourth Monday in December this year. the fourth Monday of the month.  motion.  6    2017 Department Goals & Objectives: Mr. Kerbin shared that al list of the department goals for 2017 is included in the council's agenda packet. Mr. Kerbin asked if council had any questions about the goals. Mr. Kerbin shared that the goals were brought forth from the department heads. Mr. Kerbin shared that great things are outlined for the coming year.  Public Comment: None.  Planning Commission Report:  Councilmember Fosque shared that the Planning Commissions next meeting would be Tuesday, January  24,2017.  Waterfront Committee Report: No meeting. Personnel Committee Report: No meeting. Holiday Committee Report:  Councilmember Krause shared that through donations the expenditures did not exceed the original budgeted amount of $8,000.00. Councilmember Krause thanked council's financial support as well as thanked town staff and volunteers that assisted with getting the decorations ready for the season. Councilmember Fosque shared that some electrical work will need to be addressed for next season.  Mayor's Report: No report.  Town Manager's Report:  Mr. Kerbin updated council on the following:  Discussed thei idea of the town holding a "Waterfront Festival" in spring 2018. Spoke with Mr. Chris Isdell with the Virginia Department of Transportation about the town Contacted' Verizon regarding possible upgrades to the Town Hall phone system. Thanked the street crew team, Mr. Bruce Tapman and Mr. Terry Sargent, for their hard work  transferring some roads over to them.  plowing and shoveling the sidewalks after the winter storm.  Closed Session, ifneeded: None. Adjourn:  7    Councilmember Bundick made a motion to adjourn. Councilmember Byrd seconded the motion. The  motion passed by unanimous voice vote. The meeting was adjourned at 8:57 PM.  Russell Jones, Mayor  Lisa Fiege, Deputy Clerk  8    Town of Onancock Town Council February 16, 2017 5:30PM  Call to Order and Roll Call:  Mayor. Jones called the meeting to order at 5:30 PM and roll was called. Mayor Russell. Jones and Councilmembers Robert Bloxom, Catherine Krause, T. Lee Byrd, Ray Burger and Fletcher Fosque were present. Councilmember. Joshua Bundick was absent. A majority ofn members were present and a  quorum was established. Public Business:  Mayor. Jones explained that the purpose of this meeting was for council to pass two Resolutions which are required for the town to be able to close on its vehicle loan with USDA-Rural Development. a. USDA-RD Resolution of Governing Body of Town of Onancock, Mr. Kerbin: Mr. Kerbin explained that thei first Resolution acknowledges council's authority to obtain a loan through USDA-RD for Councilmember Byrd made a motion to pass the Resolution titled, "Resolution of Governing Body of Town of Onancock". Councilmember Fosque seconded the motion. The motion passed by b. USDA-RD Loan Resolution, Mr. Kerbin: Mr. Kerbin explained that the purpose of this Resolution is for council to acknowledge the amount of the loan the town is acquiring from USDA-RD: as well as the terms and requirements set forth by USDA-RD for the loan repayment. Councilmember Bloxom made a motion to pass the Resolution titled, "Loan Resolution". Councilmember Burger seconded the motion. The motion passed by unanimous voice vote.  the purposes of acquiring al loan for a police vehicle.  unanimous voice vote.  Public Comment: None. Adiourn:  Councilmember Byrd made a motion to adjourn. Councilmember Krause seconded the motion. The  motion passed by unanimous voice vote. The meeting adjourned at! 5:30 PM.  Russell. Jones, Mayor  Lisa Fiege, Deputy Clerk    STAFF REPORT  To: Town Council Case Number: SUP01:17 Tax Map: 85-A2-A0-024  Date: February 27, 2017 From: William H. Kerbin Jr.  Generallnformation Applicant Owner ofRecord Requested. Action  Edwin and Rori Butterfield Edwin and Rori Butterfield  Proposed use of tax map parcels 85-A2-A-024 and 85-A2-A0-025 is to convert the second story into two separate apartments currently zoned Business, The parcel is located on the west side ofNorth Street north ofi its intersection with King Street. The total acreage oft the parcels is 0.17 acres. The parcel is currently used for the operation ofa restaurant and retail shop on the first floor oft the existing building on the parcel. The surrounding properties are designated R-1A Residential, R-1B Residential and Business  Downtown, B-1.  Location Parcel Area Existing Land Use  Adjacent Land Use  Downtown B1. None  Submitted Proffers  Analysis  Ine evaluating this application staff considered the Statement of Intent oft the Downtown Business District B-1. The Statement of Intent for the Downtown Business District, B-1 states the following; "The Downtown Business District, B-1 is intended to provide for the conduct of limited business which provide convenience, goods and services to town residents and those people living in close proximity to the town." The Downtown District Business B-1 Zoning District ordinance also states: "The following uses shall be permitted in the B-1, Downtown Business District subject to all the other requirements oft this ordinance, only upon the obtaining    ofa Special Use Permit, as defined in Article XV, from the Town Council: Apartments on floors  above the ground floor with occupants to use off-street parking."  Conclusion  Itiss staff's opinion that the application is consistent with the statement ofintent found within the Zoning Ordinance and meets the special exception language set forth in the Zoning Ordinance.  Suggested Motion  Mr. Chairman, Imove to approve SUP 01:17 with the following condition:  Occupants oft the apartments must use off street parking.  2    TOWN OF ONANCOK 15 NORTH STREET ONANCOCK, VIRGINIA 23417 SPECIAL USE PERMIT APPLICATION  Applicant's Name: Edwin Butterfield & Rori Butterfield Address: PO Box 17, Montauk, NY: 11954 Telephone: 631-668-0006  PAE   LECK3089  Date: January27,2017  Location & Legal Description of Property Proposed: 49 King Street, Onancock, VA. All that certain tract or parcel of land situate at the intersection of the northeaster side of North Street int the Town of Onancock, in Lee Magisterial District, Accomack County, Virginia, and formerly known as the "Glick Storehouse." Said tract or parcel is bounded as follows: On the Northeast, by the land of the Town of Onançock; on the Southeast, by North Street; on the Southwest, by King Street; and on the Northwest by the land of the Town of Onancock  Parcel Number: 085AZA0000Q2400amd 085-A2-A0-00-025-00  Zoning Classification:  Description of Proposed Use: convert second storyl into two separate rental apartments. See annexed plans. Douglas Small is authorized to take any and all actions and necessary: and  proper tot further this application. Dated: Montauk, New York January: 27,2017  0A3A2A000002400 GSA3A,00000S00  (757)787-3363 Phone  (757)787-3309 Fax  www.onancock.com Website    STAFF REPORT  To: Town Council Case Number: SUP02:17 Tax Map: 85-A2-A0-058  Date: February 27,2017 From: William H. Kerbin Jr.  General Information Applicant Owner of Record Requested. Action Location Parcel. Area Existing Land Use Adjacent Land Use Submitted Proffers  Eastern Shore Enterprises Eastern Shore Enterprises  Proposed use oft tax map parcels 85-A2-A-058 is to convert the second story into one apartment currently zoned Business, Downtown, B-1. The parcel is located on the west side ofNorth Street north ofi its intersection with Market Street. The total acreage oft the parcel is 0.04 acres. The parcel is currently not being used for commercial or residential purposes. The surrounding properties are designated Business Downtown B-1.  None  Analysis  In evaluating this application staff considered the Statement ofIntent of the Business, Downtown District B-1. The Statement of Intent for Business, Downtown District B-Istates the following; "The B-1 Business, Downtown District is intended to provide for the conduct of limited business which provide convenience, goods and services to town residents and those people living in close proximity to the town." The Business, Downtown District B-1 Zoning District ordinance also states: The following uses shall be permitted in the B-1 Business, Downtown District, subject to all the other requirements of this ordinance, only upon the obtaining ofa a Special Use Permit, as defined in Article XV, from the Town Council: Apartments on floors above the  ground floor with occupants to use off-street parking."    Conclusion  Itiss staff'so opinion that the application is consistent with the statement ofintent found within the Zoning Ordinance and meets the special exception language set forth in the Zoning Ordinance.  Suggested Motion  Mr. Chairman, Ir move to approve SUP 02:17 with the following condition:  Occupants of the apartments must use off street parking.  2    TOWN OF ONANCOK 15 NORTH STREET ONANCOCK, VIRGINIA! 23417 USE PERMIT APPLICATION  SPECIAL  PAIZ BY.ECEH00  Applicant's Name: EAstern shore Exterprises, LLC  Address: 2453 Sand H:II Da Cape Charles, VA 2 23310  Telephone: 757-236-4850  Date: 216/17  Location & Legal Description of Property Proposed: sie atckel "EXhA"  TAx Map AelAskGEsA Tah-k-kaaet  Brick Store  MHENLS (51 markt Strut)  Parcel Number:. SA2482C544 Zoning Classification:, Commerciel  Descriptionc of Proposed Use:  Buslakeg wlll de rengudel  6k house a 30 sutrefnat  7set whe bun ber/oh Mhe f Secml Hoor will be oaneloperabr aferhef /hedlrom ) Owners ak Den ancltuke  PElip  of Eastern Shone  Exfpasy .    (757) 787-3363 Phone  (757) 787-3309 Fax  www.onancock.com Website    EXHIBIT. A  All that certain lot or parcel of land situate in the Town of Onancock, Accomack County, Virginia, containing forty-one thousandths of an acre (0.041 A) and described as follows: Beginning at the corner of North and Market Streets in said Town and thence running North 27° 20' East along the West side of said North Street a distance of fifty-five feet ten inches (55f. 10 in.); thence North 63.25° W a distance of forty-four feet two and one-half inches (44 ft. .2%in.); thence running S 40 West a distance of sixty-five feet eight inches (65 ft. 8 in.) to the North side of Market Street; and thence running South 78.5° East along the North side of Market Street a distance ofe eighteen feet five and three-quarter inches (18A.5%in.) to the point ofb beginning. BEING the same lot or parcel of land conveyed to the Grantor by deed from Hazel K. Wise, by. John R. Wise, et als, her attorneys in-fact, dated September 26, 2009, and recorded in the Clerk's Office for the Circuit Court of Accomack County, Virginia, as Instrument #200904292.  INSTRUMENT #160004187 RECORDED IN THE CLERK'S OFFICE OF ACCOMACK COUNTY ON 24, 2016 AT 12:56PM REQUIRED $100.00 BY GRANTOR TAX WAS PAID AS SEC 58.1-802 OF THE VA. CODE $50.00 LOCAL: SAMUEL H. COOPER, CLERK RECORDED BY: NJR  This document was preparedby: JOHNP. CUSTIS, whoi isan membero ofd the VIRGINIA: STATE BAR,#77861 Accomac, Virginia 23301-0577  OCTOBER STATE:.  4  $50.00    ALIERATION TO 5IMARKET STREET FRST AND SECOND FLOOR PLANS    Onancock Town Council Friends of Onancock School Lease Agreement Addendum  Preliminary 10-year Evaluation and Recommendation  Date: February 2017  To: Friends of Onancock School Board of! Directors From: Onancock Town Manager and Council  Introduction Signed August 27, 2007  Friends of Onancock School (FOS) Lease. Agreement with the Town ofOnancock.  Thel lease agreement includes but is not limited to, the following;  40-year lease with aj prepaid one-time rental charge of $40.00, which covers the lease term. Town water and sewage (up to 43,100 gallons per quarter) provided by the Town at no charge. Hazard insurance including, fire, water: and wind provided by the Town ati no charge.  By signing this lease the FOS was given full use of premises.  By signing this lease the FOS also agreed to accomplish: specific goals, outlined in Section 4(a)(b) and (c).  Those goals included the following 1 year, 5 year and 10 year requirements.  Before the first anniversary oft this lease, the FOS: shall occurred, and patrafemaicdlummsamd woodwork.  1. Commemcsalsatmnatmefhechual.malwdighut. not limited to, repair where mud incursion has 2. NaENaNOMMENNE drives. cultivation events.sales.a schedule off feesandr rental charges.andani implementation. schedule for the fundingplan.  a. Complete two cultivation events b. Complete one major fundraising event Rent space to at least two anchor tenants  d. Apply for and diligently pursue 501(c)(3) status under the IRS code  Before the fifth anniversary oft this lease, the FOS: shall 1. Have 50% of the available space; internal and external, in use 2. Complete two annual special events tol bel held on an ongoing basis 3. Haveadaptive rehabilitation! in progress 4. Have fundingsources in place which aresufficient to payoperating expenses 5. Maintain ongoing fundraising efforts Before the tenth anniversary ofthis lease (2017), the FOS: shall 1. Complete the majoradaptive rehabilitation projects 2. Have rents.feesand fundraising procerisauficentiosupnerischolactiylies 3. Have 75% of the available space (interiorand exterior) in use  4. Have ongoing annual events Agreement and conditions.  Evaluation  2017 Town Council 10-year preliminary evaluation of the FOS Board Compliance with the Lease 1. In2 2011 the FOS obtained a structural assessment of the building. This was done by the Beckerand Morgan architectural firm. This assessment: included high priority items that addressed building stability and safety. The FOS BOD has used this report to guide building repairs. However, there is opportunity to take anotherl look at the engineering recommendations to identify those repairs that are still pending  and toj put aj plani inj place to address them. 2. Therei is a need to define the term Adaptive Rehabilitation.  1    Onancock Town Council Friends of Onancock School Lease Agreement Addendum  Preliminary 10-year Evaluation and Recommendation  3. The' Town of Onancock has not fulfilled the lease requirement that a town council: member attend FOS 4. Based upon the progress that the FOS have made the Town of Onancock would like to offer thanks and  BOD meetings.  pledge to become a more active partneri in this relationship. 5. Implement fundraising strategies to supportoperations of school:  a. Develop fundraising campaign to solicit donations from school alumni, the community: and b. Investigate and pursue grants from federal, state and private funding sources.  supporters ofs school.  2    SUGGESTED MOTION: Mr. Mayor, I move to adopt the revised homestay ordinance and incorporate this ordinance into the Town of Onancock Code as Section 24-16(c).  AGENDA  TOWNG COUNCIL  February 27,2017  SUBJECT: Adoption of revised homestay ordinance  RECOMMENDATION: Staffrecommends approval of the adoption of the ordinance  TIMING: Current  DISCUSSION: These regulations were discussed at the January 23, 2017 meeting. Several Council members requested a change to the permanent residence requirement. This requirement has now been changed and the new language states that an owner is limited to one (1)h homestay.  Staff: Bill Kerbin Town Manager  Attachment: Revised homestay ordinance  Copy:    Revised Proposed Homestay Regulations  February27,2017  Section 24-16(c) Definitions:  Homestay. Homestay means a home occupation in which an individual owns a dwelling and also provides lodging in a portion erefprimporaypriai: oft times not to exceed. 3 weeks. 1. An owner ofa Homestay residence must applyfora business license and is subject to the 2. The owner shall only be permitted one (1) homestay in the Town of Onancock.  transient occupancy tax.  3. The applicant must provide contact information, for a responsible, party, ifthe owner" is not the responsible party, the owner must identify a responsible party who will be available 24 hours a day, 7 days a week, to respond to, and resolve issues and complaints that arise during a period in which the dwelling is being used for transient occupancy. 4. The number ofovernight guests will be determined by the zoning administrator in consultation with the homeowner based on the number of bedrooms, size oft the house and  size of the lot subject to approval of the Town Council.  5. The Homestay shall comply with all applicable Town, county, state and federal statutes,  regulations and ordinances.  6. The Town reserves the right to inspect the residence based on complaints to verify that the Homestay is being operated inc accordance with the regulations. set forth within this section. 7. The special use permit may be revoked by the zoning administrator () in the event that three (3) or more substantiated complaints are received by the Town in a calendar year, or (ii), failure to maintain compliance with any of the regulations. set) forth in this section.    Town Manager's Report February 27,2017  Community Development Projects  Imet with the Accomack Northampton Planning District Commission staff on February 7 to discuss assistance with potential projects including a housing project in the Northeast section, a streetscape project and renovations for the Onancock School. Ialso discussed these projects with the Virginia Department of Housing and Community Development staff at a meeting held on  February 13. Town Audit  The accounting firm of Robinson, Farmer, Cox and Associates has completed their annual audit of the town's finances. A final report shall be forthcoming in a couple of weeks.  Telephone Upgrade  Representatives from Inacom and' Telewire have visited the town office and will be providing price  quotes for upgrades for our telephone system including voicemail.  Sewer Extensions for Town ofOnley  The Mayor, Councilmember Byrd and I attended the Onley town council meeting on February 6 to discuss extending sewer services to the town. Further discussions are ongoing with both the  town and the county regarding the proposal. St. Patrick's Day Parade/Celtic Festival  The St. Patrick's Day Parade and Celtic Festival will be held on Sunday March 12. The parade will begin at 2:00 p.m. and the Festival is from 10:00 a.m. to 5:00 p.m. Town staff met on  Thursday to discuss logistical support for the parade committee.  Personnel Manual  Departments heads and the Town Manager are reviewing the personnel manual for potential revisions and updates. This review should be complete by late March. We plan to make a  recommendation to the Personnel Committee in early April.  New Employee  The Town would like to welcome Mariellen Mearsheimer to our team in the Administrative Assistant position. Mariellen lives here in Onancock. She will begin her employment with the  Town on March 1.    ONANCOCK POLICE DEPARTMENT Summary of Police Activities for  January 2017  Events initiated  1,193  Court:  Number of times attended Amount of fines  Once $1,877.00  Calls for Service-  Bad Checks Disorderly Conduct Drunkenness Domestic Assault  Destruction of Property Missing Person Larceny DUI Mental Health Drug Offenses Trespassing  Under Age Possession of Alcohol    Activity Log Event Summary (Cumulative Totals)  ONANCOCK POLICE DEPARTMENT 01012017-01312017,  102.Verbal Waming 107. BUSINESS- Assist 111. Driving with noHeadights on 114. TRAINING 118. Fail To Secure A Child Under 16 YOA 12. Assist Fire and Rescue 132. Wharf Check 142. SPECIAL PATROLAREA 148. Welfare Check 150. HEADLIGHTS- Driver failed to dim 2. Alarm Activation 23. BUSINESS- Found Open After Hours 25. CITIZEN- Complaint 29. Defective Equipment 38. Fail To Stop For Stop Sign 50. Investigation 54. Missing Person  28 106.Arrest  2 16 2 7 2 3 3 10 128 7 2 2 1 25 11  5 11.Assist Another Onancock Police Officer 113. Domestic (verbal only) 3 115, REGISTRATION- noti inj possession 119. Evade and Elude 13. Assist Motorist 75 134. TOW ABANDONED VEHICLE 671 145. ISSUEDNOTICE OF SUSPENSION 2 15. Assist State Police 8 18. Assisted Onley Police Department 5 22. BUSINESS- Check 3 24. CITIZEN- Assist 4 27. Court 3 30. Destruction of property 49. REGISTRATION- improper 3 51.Larceny 57. NOL Liability insurance 2 60. No or Expired Inspection Sticker 4 62. REGISTATION- none ore expired 71.Possession of Marijuana 80. Residence Check 7 86. Special Detail 18 89. Speeding 20 and above Limit 5 91.DRIVERLICENSE suspended or revoked 94. SUSPICIOUS- Vehiçle 2 99.7 Trespassing  59. DRIVER LICENSE- noti inj possession 61. DRIVERI LICENSE-I none ore expired 63. No or Expired Town Sticker 70. Possession ofA Alcohoi Underage 77. Reckless Driving Speeding 82. Seat Belt 88. Speeding 10-19N MPHoverLimit 9. Assist ACSD 92. SUSPICIOUS- Activity 96. Tinted Windows  3 7. Assault  98 2 3 2