9  Onancock Town Council Meeting  AGENDA OCTOBER 29, 2015 7:00 p.m.  1. Call to Order and Roll Call 2. Pledge of Allegiance 2015. 4. Public Business  3. Consideration and Approval ofl Minutes from the Regular Meetings on August 24,  a. Parking Regulations, Eric Williams, Police Chief  b. BZA. Appointment Supplemental Appropriation i.Highway Safety Funds  ii.  DCJS Grant Funds  d. Auxiliary Police Officers, EricV Williams, Police Chief Unison Proposal, G. Cabell Lawton IV  5. Public Comment  6. Planning Commission Report-E Fletcher Fosque 7. Marketing Committee Report-J John E. Morgan 8. Personnel Committee Report 9. Waterfront Committee Report-T.Leel Byrd 10.Christmas Committee, Catherine Krause 11. Mayor's Report 12. Town Manager's Report 13. Mayor and Town Council Comments 14 Closed Session (ifneeded)  15. Adjourn    Town of Onancock Town Council Meeting August 24, 2015 7:00PM  31  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 T. Lee Byrd, Catherine Krause, Joshua Bundick and Fletcher Fosque were present. Councilmember. John Morgan arrived at7 7:02 PM and Councilmember Sandra Fox was absent. A  majority of members were present and a quorum was established.  The Pledge of Allegiance was recited.  Consideration and Approval of the Meeting Minutes from the July 27th 2015:  Mayor. Jones asked if there were any corrections, changes or additions to the meeting minutes fromi the With none, Councilmember Byrd made a motion to approve the minutes se. submitted. Councilmember  July27", 2015 meeting.  Bundick seconded the motion. The motion passed by unanimous voice vote.  Public Business:  A. Pricingmethodology fort fuel at the wharf:  Mayor. Jones shared that a pricing scheme had been devised for gas at the wharf but had not yet been adopted by Town Council. The methodology is as follows; the customer is charged $.50 on Councilmember Byrd made a motion to adopt the methodology) for pricing gas and diesel products at the town wharf as outlined in stoffsrecommendation in this memorandum. Councilmember Bundick: seconded the motion. The motion passed by unanimous voice vote. Mr. Bobby Isdell, Accomack Community Band, asked" Town Council for their approval to hold their annual haunted house this yearat the Old Onancock High School. Mr. Isdell explained to Council that this is their request for av variance to Town Ordinance 16-9; Relating to Halloween, which states that Halloween activities may only occur on Halloween, must end by 81 PM, and no one over: 13 years of age may participate. Mr. Isdell: shared that they have a verbal agreement in place with the Accomack County Sheriff's Department for a deputy to onsite. There will also be volunteers to assist with maintaining crowd control and, int the past, the Onancock Police Department also made it a priority to patrol the area more frequently during the event. Mayor. Jones asked what the average attendance of the event is nightly. Mr. Isdell shared that on average they have 200 people go through the Haunted House and that last year, on the last Mayor. Jones asked if Council grants the variance for the Accomack Community Band so that they may hold their annual Haunted House event at the Old Onancock High School. All werei in  top of the cash price and then another. 3%1 for credit card purchases.  B. Accomack Community Band:  evening, theyl had over 400 attendees.  verbal agreement.  1    3.2  BZA Appointments:  Mayor. Jones explained that the Town isr required tol have al Board of Zoning Appeals (BZA) which isac quasi-judicial committee, appointed by the Accomack County Circuit Court. The purpose of the BZAi is to hear Landowner appeals to the Town's Zoning Ordinances. Town Council has been asked to getal list of potential names together for the Circuit Court. Judge. Mr. Lawton shared that the Board needs to be reconstituted quickly since the Town currently has one request for a Councilmember Krause made a motion to request the appointment of Mr. Caleb Fowler, Ms. Carolyn Richardson, Ms. Maphis Oswald, Mr. Tom Reinerth and Mr. Duke. Shanahan for aj four year term on the BZA. Councilmember Bundick: seconded the motion. The motion passed by  variance that needs to be heard.  unanimous voice vote.  Public Comment:  Mr. Rick Turner, Onancock: Street, asked for clarification regarding the rental spaces at the Town Wharf. Mayor. Jones shared that this issue is discussed yearly at the Waterfront Committee Meetings and that the previous revenue from yearly rentals was noti in the Town's best interested to continue. Mayor Jones encouraged Mr. Turner to come to the Waterfront Committee Meetings since hei is positive that Mrs.. Janet Fosque, Market Street, expressed her concern for landowners allowing short term rentals in Mayor. Jones shared that he was not certain that iti isav violation but that the Town Staff and the Planning  Mr. Turner had heard that long term rentals were no longer available at the wharf.  thisi issue willl be discussed again for the next season.  Town. Mrs. Fosque feels that ity violates Town Code and needs to be corrected.  Commission could looki into thei issue further.  Planning Commission: No Meeting. Marketing Committee:  Councilmember Morgan shared that the meeting was centered around Mrs. Fosque'spresentation: on Mrs. Fosque asked' Town Council if the purchase of the brackets for the banners could come from another line item in the budget so that the Christmas Decorations Committee would have more funds available to purchase the skyline that will go on Market Street and Marshall Street. Also, Mrs. Fosque mentioned that the brackets would be up year-round so the Town will be able to purchase season Town Council agreed to allow the purchase to be taken from another budget linei item other than Mrs. Fosque continued on to share that with the Marketing Committee's help they were able to nail  updating the Town's Christmas Decorations.  appropriate banners for times other than for the Christmas Season.  Christmas Decorations (107068.6015).  down a slogan for the Holiday Banners, "Season's Greetings".  Personnel Committee: No meeting  2    3.3  Waterfront Committee:  Councilmember Byrd shared that the Committee met on August 11th. Councilmember Byrd shared that the gas tanks at the Wharf are finally up and running and sales have been great. There had been a small issue with the hoses on the tank but they have since been repaired and all is working as it should. Councilmember Byrd explained that the Town will need to purchase some additional signage for the dingy sock as well as to remind residents and visitors that parking trailers on the grass is not permitted. Councilmember Byrd also shared that Mrs.. Jean DiDanielle has recently become the new Harbormaster Councilmember Bundick asked if there have been any issues with cars parking in the trailer parking designated spots. Councilmember Byrd confirmed that there has been some issues and that the Harbormaster has been working with the Onancock Police Department in correcting that issue. Councilmember Krause thanked Mrs. Fosque for all of her work on the Christmas Decorations Committee. Councilmember Krause also thanked Town Council for allowing the purchase oft the brackets to come from another line item in the budget so that they would have the funds needed to  Assistant.  Christmas Committee:  purchase the skyline. Mayor's Report: No report.  Town Manager's Report:  Taxes: Mr. Lawton shared that Town staff has made several attempts to collect on certain tax delinquencies in Town without success although overall collections are up. Mr. Lawton wanted to alert Council to the issue because it may take further more severe action get certain businesses into compliance. Several instances our correspondences are being ignored. Decal notifications werea Unison: Mr. Lawton shared that this Company would like to purchase the current leases on the water tower and share a portion of any future leases. AT&T, a current leaser, has the option to deescalate the cost of their rent based on a number factors such as traffic flow. There is a concern that they will do this again in the future. Unison is offering the Town $268,000 to take over the leases on the water tower. That money can go al long way especially for matches to potential grant monies. Mr. Lawton explained that they see the water tower as the future of telecommunications. Mr. Lawton also suggested that Town Council contact Mr. Wilson Hogan, Unison, for any questions or clarifications they might want. Mayor Jones further explained that Unison will actively look for others companies who may want to rent space on the water tower and the Town would get 60%1 fori the lease but Unison will manage it. Councilmember Fosque mentioned that the Town would be foregoing $30,000 in annual revenue if the Town allowed Unison to take over the water tower leases. Councilmember Fosque is concerned that Mr. Lawton explained that the initial payment of $268,000 from Unison should cover about ten years of  success. Utility collections processes are in place and working well.  the Town may not be able to cover that loss of annual revenue.  that "lost" revenue.  3    3M  Mayor Jones explained that the offeri from Unison is not on a time constraint and that Council willl have Road Issues: Mr. Lawton shared that Town staff recently got quotes for repairing three town owned roads, the cheapest being $40,000. The Town is starting to see more infrastructural issues with Town owned roads. Mr. Lawton further explained that there are also substructure issues with the roads. Mayor. Jones asked if the Virginia Department of Transportation (VDOT) will take over roads that have Mr. Lawton shared that it will have to be of a certain quality for VDOT to take it over. Mr. Lawton also shared that the Town roads are deteriorating sO much that vehicles are starting to become damaged on these declining roads. Mr. Lawton explained that concrete would be more ofal long-term Band-Aid. Overgrowth in Town: Mr. Lawton shared that recently some landowners in Town were sent notices, requesting that their overgrowth bei taken care of before the Town steps in. To date, all who received notices were receptive to fixing the problem. Most called to verify where the issues were in their yards. Watermen Slips: Mr. Lawton shared that through his conversation with Preston Smith that the only concern they havei is with how many: slips are reserved fort transient boaters. According to Preston Smithi ifar rental lasts longer than 15 days iti is no longer considered transient. The three boat slips reserved for the watermen was actually a Town request when drafting the Boating Infrastructure Grant (BIG). Mr. Lawton explained that the only obligation the Town has to BIG is that 15 slips are reserved for  time to review and take action as they see fit within Council's timeframe.  Town: staff has started to looki into using concrete for patching the roads.  been patched with concrete.  transient boaters.  Mayor and Town Council Comments: willl be taken care.  Councilmember Krause shared that she was glad to hear that the overgrown trees and bushes in Town Councilmember Byrd encouraged the audience to attend the next Waterfront Committee. The Committee is open to all ideas on how to proceed with slip rentals in the coming years.  Closed Session, ifnecessary: None required. Adiourn:  Councilmember Byrd made a motion to adjourn. Councilmember Krause: seconded: the motion. The  motion passed by unanimous voice vote. The meeting adjourned at 8:35 PM.  Russell. Jones, Mayor  Lisa Weeks, Deputy Clerk  4    4A  Vehicles parking over the allowed time limit in the down town area. 1- There are no signs for enforcement of the two hour parking.  2- Currently we have 11 signs that state 1 Whours parking and no signs for 2 hour parking. 3- The current area for thisi is on Market Street from Queen Street - West Street and on  North Street from King Street- - Market Street.  Recommendations:  1. Keep the same areas but purchase more signs. In this area there are approximately 43  parking spots, each spot would require a sign. 2. Make the area smaller this would require less signs.  3. Remove all the current signs and turn the down town area into general parking. Purchase larger parking signs that directs vehicles to the Queen Street parking lot. The 21 hour parking is very difficult to enforce. The officer has to prove beyond any  Note:  doubt that the vehicle did not move.  P-1    Vehicles, trailers. and campers parked on the streets and parking lots forar number of days. In the past the police department has received complaints about vehicles being left in the town parking lots and on the streets for days at a time. The town currently has no ordinance  against this. Recommendations: and parking lots. Example:  Irequest an ordinance making it illegal for vehicles to be left unattended on the town streets  No vehicle, trailer, or camper shall be parked on any street or parking lot in the Town of No trailer shall be left on any town property for a period greater than 24 hours without No vehicle shall be park on any town/state owned street, highway, or parking lot without displaying valid/current state license plate, state inspection, and municipality sticker. State inspection and municipality stickers only ifrequired by registration locality.  Onancock for a period greater than 48 hours. being properly attached to a vehicle.  (FINE AMOUNT) officer as designated.  Enforcement of this ordinance shall be carried out by the Chief ofPolice or by another  P-2  Z    The current town ordinance for parking ticket fines.  Sec. 13-12. Violations and penalties; payment of uncontested parking citations;  contested citations.  (a) It shall be unlawful for any person to violate or fail to comply with any of the provisions of this article or of any rule or regulation promulgated pursuant thereto. (b) Any person who violates the provisions of this article shall be punished with a (c) Any parking citation issued by an officer of the town pursuant to this article may be satisfied by payment to the town manager ofthe sum offifteen dollars at any time during regular office hours at the town office ini the Municipal Building within fifteen days  fine of fwenty-five ($25.00) dollars. (Amended 05/22/00).  of the date oft the citation.  Recommendations:  A. Irequest that 13-12(b) and 13-12(c) have the same fine amount.  B. Ialso request that a fine $100.00 - $500.00 be added to the ordinance for a non-  handicap vehicle parking in a handicap spot.  State Code  $46.2-1242. Parking in. spaces reserved for persons with disabilities; local ordinances; penalty. Parking a vehicle in as space reserved for persons with disabilities in violation ofthis section shall be punishable by afine ofnot less than $100 nor more than $500  P-3  3    Inoperable vehicles  The police department has received complaints about the number of inoperable vehicles located in town. Currently there is no ordinance to stop this from happening unless the property owner  has five or more inoperable vehicles.  Recommendations:  An ordinance that would make have an inoperable vehicle illegal.  Example: Definitions.  The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them ini this section, except where the context clearly indicates a different meaning:  Inoperable motor vehicle, trailer or semi-trailer means:  any motor vehicle, trailer or semi-trailer which is not in operating condition; or which for aj period of sixty (60) days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, ifapplicable, or other essential parts required for operation oft the vehicle; or, ifapplicable, on which there are displayed neither valid  license plates nor a valid inspection sticker.  Motor vehicle means:  every vehicle as defined in $ 46.2-100 oft the Code of Virginia, which is self-propelled or designed for self-propulsion except as otherwise provided in Title 46.2. Any structure designed, used or maintained primarily to be loaded on or affixed to a motor vehicle to provide ai mobile dwelling, sleeping place, office, or commercial spaçe, shall be considered a part ofa motor vehicle. For the purposes of this article any device defined under $ 46.2-100 as a bicycle or a moped shall be deemed not to be a motor vehicle. any person, firm, partnership, association, corporation, company or entity of any kind, and being the owner, tenant, lessee or otherwise in possession or control of any private or  Person means:  public real property. Private real property means:  any area which is not owned by the federal, state or local government or any  instrumentality, agency or political subdivision thereof.  Shielded or screened means:  completely precluding visibility of the subject motor vehicle, trailer, or semi-trailer, from view by a solid, rigid, opaque fence or by a landscaped arrangement of no deciduous  P-4a  44    plantings, sufficient in height, spacing, density and circumference. Non-rigid covers specifically manufactured and designed for use on aj particular make and model ofa motor vehicle, trailer or semi-trailer are permitted for use as a screen. Such fitted covers  shall be in non-deteriorated or otherwise acceptable state.  Draped tarpaulins, or other non-fitted, non-rigid type covers are specifically prohibited as *State law reference--Authority oft town to restrict keeping ofinoperable motor vehicles, etc., Methods ofs screening inoperable vehicles. All fencing shall comply with current town zoning.  on residential or commercial property, Code of Virginia, $ 15.2-904.  Semi-trailer means:  every vehicle of the trailer type SO designed and used in conjunction with a motor vehicle that some part ofi its own weight and that ofi its own load rests on ori is carried by another  vehicle. Trailer means:  every vehicle without motor power designed for carrying property or passengers only on its own structure and for being drawn by a motor vehicle. This definition does not include any mobile home for which there exists a valid zoning permit.  Purpose.  (P) The purpose of this article is to prevent the accumulation ofi inoperable motor vehicles or parts thereof, in unapproved and inappropriate locations throughout the incorporated territory of the town, inasmuch as they constitute an unsightly, obnoxious and unsanitary condition within such territory. The presence ofs such inoperable motor vehicles increases the danger oft the spread of certain communicable diseases by providing a breeding place for rats, mice and other known disease carriers and otherwise constitutes a condition detrimental to the mental and general well-being of the town citizens and is declared a (ii) Itis, therefore, determined and council so finds, that it isi imperative for the preservation of health, safety, peace and the general public welfare that these provisions concerning inoperable motor vehicles be adopted requiring property owners, tenants, lessees or persons otherwise in control or possession of real estate to remove such inoperable motor vehicles from their  public nuisance.  premises.  Restrictions; exemptions; removal and cost.  (i)It shall be unlawful for any person, except as expressly provided herein, to keep on any real property within the town zoned for residential, commercial or agricultural purposes, any inoperable motor vehicle. A person may keep any number ofi inoperable motor vehicles within a fully enclosed building or structure, or may keep up to a maximum oftwo (2) motor vehicles outside a fully enclosed building or structure, but which are shielded or screened  from view as provided for herein.  P-4b    (ii)The keeping and/or use ofinoperable trailers or semi-trailers shall be regulated by applicable provisions oft the town zoning provisions and inoperable trailers or semi-trailers (ii)Any such person shall have ten (10) days to remove any such inoperable motor vehicle (iv)This article VII shall not apply to al lawfully licensed and zoned business which is regularly engaged in business as an automotive dealer, salvage dealer, scrap processor, or (v)The owner of any such real property on which any such inoperable motor vehicle is located contrary to the provisions of this article, shall be notified ofs such violation by registered or certified mail, return receipt requested, mailed to the last known address of such owner as shown on the current real estate tax books oft the town. If, after fifteen (15) days from the date ofa actual receipt ofs such notice by the owner of said real property, or twenty (20) days after the date of mailing, whichever shall first occur, the owner of such real property has failed to remove said inoperable motor vehicle, the town, acting through its agents or employees, may enter onto such real property and remove such inoperable motor (vi)After removal of any such inoperable motor vehicle pursuant to subsection (v) hereof, the town through its agents or employees may dispose of such inoperable motor vehicle, after giving a further notice as provided in subsection (v) hereof to the owner of such inoperable motor vehicle, and the failure of the owner to pay all costs attributable to such removal within five (5) days of the completion of such notice. Ifthe owner ofthe inoperable motor vehicle cannot be determined by investigation through the State Department ofl Motor Vehicles or the comparable state agency in which said inoperable motor vehicle is registered, ors such cannot be reasonably ascertained from the inoperable motor vehicle, or from the owner ofs said property from which it was removed, no such additional notice to the owner of (vii)The cost of any such removal and disposal shall be chargeable to the owner of thereal property from which removed, and/or the owner oft the inoperable motor vehicle, and may be collected by the town as taxes and levies are collected. Any amount which may be realized by the town from the sale of any such inoperable motor vehicle shall be applied to such costs. (vii)Every cost authorized by this section with which the owner of the premises from which ani inoperable motor vehicle is removed shall be assessed, shall constitute a lien against the property from which the inoperable motor vehicle was removed, such lien to continue until  are: not regulated hereunder.  after it becomes inoperable as provided forl herein.  commercial garage.  vehicle and dispose of same as hereinafter provided.  the inoperable motor vehicle shall be required.  actual payment of such costs have been made to the town.  P-4c  6    Penalty.  Any person violating the provisions of this article shall, upon conviction, be guilty ofa class 4 misdemeanor and be punished by a fine of not more than Two Hundred and Fifty Dollars  ($250.00). Each day in violation shall constitute a separate offense.  Enabling authority.  This article is enacted pursuant to the provisions of $ 15.2-904 of the Code of Virginia of 1950, as amended. In the event of any conflict between the terms and provisions hereof and $ 15.2-  904, the provisions ofs 15.2-904 shall control  P-4d    Powers ofTown Manager and Chiefo of Police  Currently in the town ordinance there is no exceptions for parking enforcement. Soi in cases of  construction or other special events, parking cannot be allowed.  Recommendations:  Irequest an ordinance making it legal for the Town Manager or Chief of Police to make  exceptions to the parking ordinances.  Example:  Notwithstanding any provisions oft this Chapter, the Town Manager or Chiefo of Police is hereby authorized, when in theirj judgement iti is in the public interest sO to do, to set apart on any oft the streets oft the town spaces for loading and unloading merchandise, bus stop, and other places in which no general parking shall be permitted, and he is further authorized to set aside spaces in which parking time shall not be effective, unless signs or other markings are present, within or near such spaces, sO as toj prohibitions or regulations. It shall be unlawful for any person to fail to comply with the requirements of signs or other markings.  The Town Manager or Chief of Police may adopt and put into effect regulations designating the time, place and manner vehicles may be allowed toj park on the town streets and may make and enforce such additional rules and regulations as parking conditions may require. It  shall be unlawful for any person to violate such rules and regulations.  P-5  C    Wharfparking  Currently at the wharf wel have 18 vehicle parking spaces, 7reserved for trailer parking Saturday and Sunday 6am-6pm, and 61 reserved for trailer parking. This can be confusing and frustrating  to people trying to find a place toj park.  Recommendations:  1st. Make all trailer parking the same. Iftrailer parking was 6am-6pm, this would  allow vehicles to use these spaces in the evening.  2nd. Redo the parking lines in the wharf.  a. Trailer parking spots are approximately 9 feet wide and are at a 110 degree angle. Ifthese where changed to 11 feet wide and at a 120 degree angle you b. Eliminate two oft the four parking spots by Mt. Prospect Ave. and make the Ifaand b are done we could add more parking to the south side bulkhead. This would give the wharf approximately 20 vehicle parking spots during the  would lose two spots but, parking would be less difficult. remaining two spots for kayak parking 6am-6pm.  day and 33 in the evening.  Attachments:  1. Current wharf parking diagram. 2. Proposed wharf parking diagram. 3. Parking signs 4. Examples of sign heights.  P-6  9    Corrent.  Case Number NIA Scale 1"=39.08'  PD Onancock  Wharf 10/9/2015 Onancock Wharf  Drawn By Williams  Date Drawn 10/9/2015  Incident Date: Location:  Parking Spots: 13 Trailer 18 Vehicle 1Handicapped  Market Street  32F!  Angle 110  9Ft    Fropased  Case Number N/A Scale 1"=39.08'  PD Onancock  Modified Wharf 10/9/2015 Onancock Wharf  Drawn By Williams  Date Drawn 10/9/2015  Incident Date: Location:  Parking Spots: 11 Trailer 22 Vehicle 1Handicapped  Market Street  32Ft  Angle 120  11Ft    0  Time Limit Parking Sign: 2 Hour Parking - Monday Thru Friday 8AM-5PM  HOUR PARKING MONDAY THRU FRIDAY 8AM- - 5PM  Five or more signs $16.95 each  Wharf Boat Trailers Parking  RESERVED PARKING FOR VEHICLES TOWING BOAT TRAILERS 6AM UNITL 6PM  Four or more signs $23.95 each  Wharf Parking for Kayakers  RESERVED PARKING KAYAKERS 6AM-6PM  Two signs $31.45 each  (2    Virginia Supplement tot the 20091 MUTCD  Page 2-9  Figure 2A-2(VA). Examples of Heights and Lateral Locations  of Sign Installations  A-F ROADSIDE: SIGN INRURALAREA  B-ROADSIDES SIGN INI RURALAREA  STOP MIN  2 Shoulderv widert than6ft  C-ROADSIDE: SIGN INBUSINESS, COMMERCIAL,OR RESIDENTALAREA  D-WARNING: SIGN WITHADVISORY SPEED PLAQUE IN RURALAREA  MIN.  : Mhempanngerpadeastiann movementsa arelikelytoocur E-F ROADSIDE ASSEMBLY INRURALA AREA  F-SIGN ONN NOSE OFMEDIAN  H-C OVERHEAD: SIGN  EXIT 44 56 Metropolis Utopia 2 MILES L IL  G-FREEWAY ORE EXPRESSWAY: SIGNI WITHS SECONDARY: SIGN  Strathmore Sheffield Park EXIT V2 MILE NEXT EXIT 6 MILES 5ft MIN.  12RMIN.  17R6inW  191021"W MIN.  Shoulder  mI 6 Shoulder  Nole:  Sees Section2 2A1 19f forre reducedI laterald ofiseto distancest thatn mayb beu usedi ina areasv wherel laterald offsets arel limited, andi inbusiness, commercial, orn residential areasy wheres sidewalky widthis isli limitedo orv wheree existingp poles are close tothes curb. Minimumr requiredo cearancet tob bottom ofsign, sign bridge, orl luminaire assembly. (See Section 2A18) W 19t021f feelofv verticald clearancet tobottom ofk lowestn mounted signp panels should! bep provided. (Sees section2A18)W  May 2011  Chapter 2A  13    9  4b  SUGGESTED MOTION: Mr. Mayor, Imove to request the appointment of( ) for a four year term on the BZA by the Accomack County Circuit Court Judge. The  term of appointment shall be four years.  AGENDA  TOWN COUNCIL  OCTOBER: 29, 2015  SUBJECT: Recommendation of appointment of a new member of the Board of  Zoning Appeals  RECOMMENDATION:  None  TIMING: Staffreceived ai resignation letter from Mr. Reinerth that was dated October 6, 2015. There are enoughremaining members of the BZA to conduct  business.  DISCUSSION: None. Staff: G. Cabell Lawton, IV Town Manager  Attachment: Letter, Mr. Reinerth  Copy:    48.b.  Tom Rienerth 121 King Street Onancock, VA 23417 October 6, 2015 Mayor Russell Jones 151 North Street Onancock, VA 23417 Dear Mayor Jones,  Please accept this letter as my resignation from the Board ofZoning Appeals. Irealizel was just recently re-appointed but due to unforeseen personal issues, Iam unable to fulfill  my duties as a member oft this Board.  Please feel free to contact me: ifyou have any questions.  Sincerely,  FE  Tom Rienerth    4.1  SUGGESTED MOTION:  Mr. Mayor, Imove to approve a supplemental appropriation for this FY, Police budget in the amount of$5,628.00 in order to expend Highway  Safety grant funding.  AGENDA SUBJECT:  TOWN COUNCIL  October 29, 2015  Appropriation of grant award from Virginia Staffrecommends approval of the proposed  Highway Safety Office.  RECOMMENDATION:  amendment.  TIMING:  This needs to be completed by November 1, 2015. funds will come from fuel cost for the grant period. Grant period Oct. 1, 2015 - Sept. 30, 2015  FISCALIMPLICATIONS: There is a 50% match on this grant. The matching  POLICY IMPLICATIONS: This action is consistent with fiscal policies.  DISCUSSION:  Grant funds are in the following areas: $5,628.00 in overtime for traffic enforcement.  Staff:  Eric Williams ChiefofPolice  Attachment: Copy:    www.dmvNow. .com Virginia Department of! Motor Vehicles Post Richmond, Olice Virginia Box 27412 23269-0001 Purpose:  Virginia's Highway Safety Program Sub Recipients use this form to certify and assure that they will initial the subsequent pages, and return all pages to the Department of Motor Vehicles.  fully comply with all terms of the Highway Safety Grant Agreement.  Instructions: Sub Recipients must read the contract, complete all applicable information on the first and last page, This Highway Safety Grant Agreement is entered into between the Virginia Department of Motor Vehicles (hereinafter  "Department), 2300' West Broad Street, Richmond, Virginia 23220, and the following:  Sub Recipient: Project Title: Project Number-CFDA Number: Grant Award Amount  Onancock Town  Selective Enforcment = Occupant Protection OP-2016-56062-6262-20.600  $5,628.00 Administration  Source of funds obligated to this award: U.S. Department of Transportation, National Highway Traffic Safety  Period of Performance for this project (hereinafter "Grant Period"):  From October 1,2 2015, or the date the Highway Safety Grant Agreement is signed by the Director, Virginia Highway Safety Office (whichever is later) through September 30, 2016. Allow 21 days for the Department to complete its review and signature. FINAL VOUCHER IS DUE ON ORI BEFORE  NOVEMBER 5, 2016.  In performing its responsibilities under this Highway Safety Grant Agreement, the Sub Recipient certifies and assures Applicable Department regulations and policies and state and federal laws, regulations, and policies Statement of Work and Special Conditions and an Approved Budget, included with this Highway Safety Grant General Terms and Conditions, also included with this Highway Safety Grant Agreement Sub Recipient's signature below indicates that the Sub Recipient has read, understands and agrees to fully comply with all terms and conditions of this Highway Safety Grant Agreement without alteration. This Highway Safety Grant Agreement (hereinafter "Grant Agreement"), consisting of this certification; the attached Statement of Work and Special Conditions; the attached General Terms and Conditions; the attached Project Budget; the Sub Recipient's proposal; and the letter awarding the grant to the Sub Recipient constitutes the entire agreement between the Department and the Sub Recipient, supersedes any prior oral or written agreement between the parties and may not be modified except by written agreement as provided herein. Where any conflict arises between terms, the following is the order of governance of one term over another: (1)applicable Department regulations and policies, except where superseded by federal laws, regulations, or policies (2) applicable state laws, regulations, and policies, except where superseded by federal laws, regulations, or policies; (3) applicable federal laws, regulations, and policies; (4) Statement of Work and Special Conditions; (5) General Terms and Conditions; (6) Project Budget; (7) Sub Recipient's proposal; and (8)  thati it will fully comply with the following:  Agreement  arant nainrd lottar    462  SUGGESTED MOTION:  Mr. Mayor, Imove to approve a supplemental appropriation for this FY, Police budget in the amount of$1,341.00 in order to expend equipment  grant funding. TOWN COUNCIL  AGENDA SUBJECT:  October 29,2015  Appropriation of grant award from Virginia Department Criminal Justice Services/(JAG). Staffrecommends approval of the proposed  RECOMMENDATION:  amendment.  TIMING:  This needs to be completed by November 1, 2015. police equipment. The town is responsible for a  FISCAL IMPLICATIONS: These funds are to be used to purchase non budget  10% match.  POLICY IMPLICATIONS: This action is consistent with fiscal policies.  DISCUSSION: Staff:  Eric Williams Chief ofPolice  Attachment: Copy:    COMMONWEALTE of VIRGINIA  Department  Services  1100 Bank Street Richmond, Virginia 23219 (804)786-4000 TDD (804)386-8732  Francine C. Ecker Director  ofritpPbisstice  Mr. G. Cabell Lawton Town Manager Town of Onancock 151 North Street Onancock, VA 23417 Dear Mr. Lawton:  Title: Byrne Justice Assistance Grant, 15-Q1069L014  The Byrne Justice Assistance Grant Program (JAG) makes federal funds available to localities to help support their efforts to reduce crime and improve public safety. The Department of Criminal Justice Services has been designated to administer a portion of the. JAG funds reserved for Virginia and to make those funds available to local units ofg government. Iam pleased to advise you that we are awarding your locality$1,207.00 in federal funds. With Enclosed you will find a Statement of Gran! Award and a Statement of Gran! Award Special Conditions. To indicate your acceptance of the award and conditions, please complete and sign the award acceptance and retum it_to Janice Waddy, General Administration Manager II, Office of Grants Management, at the Department of Criminal Justice Services (DCJS). Please review the conditions carefully; as they include specific requirements about how the grant funds must be managed once you receive them. We are required to provide the entire federal portion of your award in one distribution. Please refer to the enclosed "Post Award Instructions and Reporting Requirements" for details on how to request funds using our online Grants Management Information System In order to complete the award acceptance, you must also provide information on how your locality will use We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. Ifyou have any questions, please contact Shelia Anderson at (804)786-9469 or by email at  the required local cash matching funds of$134.00, your total award is $1,341.00.  (GMIS). Allj financial reports and requestforfunds must be submitted through GMIS.  the awarded federal funds. Instructions are attached.  shelia.anderson@des.virginiagoy.  Sincerely,  P 6E  Francine C. Ecker  Enclosures  cc: Chief Eric O. Williams, ChiefofPolice Ms. Shelia Anderson, DCJS Monitor  Criminal Justice Service Board Committee on Training Advisory Commitlee on. Juvenile Justice Advisory Committee to Court/ Appointed Special Advocate and Children's Justice Act Programs Private Security Services Advisory Board Criminal Justice iInformation Systems Committee  www.dgs.wirgniagov    Auxiliary Police Officer-  4d  Will have to volunteer 241 hours a month.  A background must be completed asi ift the Auxiliary Officer was going to be a full time Police  Officer.  Auxiliary Officer levels:  1- Virginia certified Police Officer- may act as ai full time 2- Limited duties- may carry a firearm ifa all Virginia state  Officer.  requirements are met.  3-  Sworn with limited duties- may be armed with less-than- lethal weapon(s) and has met all training requirements in accordance with Virginia and this department.  This department would have the Auxiliary Officer at al level 3.  During the six month trial period we would only have one. Auxiliary Officer and he/she would have  tol be a Virginia certified Police Officer. Insurance: Health- No  Life- No  Worker'sCompensation: No, but will be looking into the cost. The. Auxiliary Officer will have to follow all ofthe Town and Police Department  Policies: Primary Use:  Special Events.  When there are no events Auxiliary Officer will be assign to an Officer.  Can do: foot patrols and parking enforcement. Can assist Officers with cases and arrest.  Uniform:  Polo shirt, duty style pants, light weight jacket, and traffic vest. May wear the departments current uniform with Auxiliary printed under the department patch and badge must state. Auxiliary Officer.  Cost:  Approximately $150.00    4ge  SUGGESTED MOTION:  Mr. Mayor, Ir move to direct staff to formalize an  agreement between Unisom, Inc. and the Town of Onancock. The terms ofthe deal  shall not be less than $168,000 for a 40 year lease.  AGENDA  TOWN COUNCIL  OCTOBER 29, 2015  SUBJECT: Unisom Proposal to lease the water tower  RECOMMENDATION:  There are several large capital projects that will need  significant matching funds in order to significantly advance them. These may include major improvements to the Onancock Wharf and the Historic Onancock School. Without a dedicated source ofrevenue, these projects are unlikely to  proceed.  TIMING: The sooner an agreement is reached, the agreement will solidify our financial compensation amidst changing conditions with our current leaseholder. DISCUSSION: This issue was brought before Town Council on two separate occasions. The terms have not changed since they were last brought before the  Council in August  Staff: G. Cabell Lawton, IV Town Manager  Attachment: Proposed Agreement  Copy:    Lisa Weeks From: Sent: To: Subject: Attachments:  4e  onancocm@gmail.com on behalf of G. Cabell Lawton, IV dawtoneonancockcom, Fwd: FW: 494020 - Unison Program and City of Onancock, VA Cell Tower Site  Tuesday, September 22, 2015 12:43 PM  Lisa Weeks Municipalities.pdt:  Pleasees copy the body ofhis email and the proposed agreement for the packet.  Thanks, Cabell  Forwarded message  From: Wilson Hogan wpogangunsnsic.cn Date: Thu, Mar 26, 2015at 11:30A AM  Subject: FW: 494020-Unison Program and City ofOnancock, VA Cell Tower Site  To: Cawion@onanck.com awon@onancckcom  Cabell,  Trying again.  From: Wilson Hogan Sent: Tuesday, March 24, 2015 11:29 AM To: dawtoneonancock.com  Subject: 494020 - Unison Program and City of Onancock, VA Cell Tower Site  Cabell,  My apologies for not getting this information to you before now. Iwas out sick yesterday and am now playing catch-up. It was a pleasure speaking with you on Friday about the cell site in Onancock and how the Unison  program can benefit the community. Participating offers several advantages:  1. Lump Sum Payment: Wej pay a cash lump sum based on the existing lease. Among other things, communities use these funds for capital purchases, to offset budget cuts, or as an alternative to issuing bonds.  1    Ve  2. Eliminate Risk: Rent reduction or lease termination is primarily driven by carrier consolidation. For example, when AT&T and Cingular merged, thousands of cell site leases were eliminated and thousands of site owners agreed to rent reductions. We assume this risk when you take part in the Unison program. 3. Additional Ground Lease: 60/40% in your favor rent split from ai new lease for additional ground space adjacent to the compound required when co-location occurs. We negotiate the additional ground lease rent.  Based on your monthly rent of $3,000, our initial offer would be $450,000. Our final offer would be contingent  upon ai review of your current lease and rent confirmation.  AsImentioned, I would like to schedule a time for you to talk with my colleague David. Among other things, he works specifically with municipalities. He'll be able to answer questions you may have about Unison, our program and how we can work together. Let me know when it might be a good time to schedule that call.  Meanwhile, don't I hesitate to contact me with any questions.  Best regards,  Wilson  Wilson L. Hogan Wireless Finance Director  ((Unison)) 1531 N. Ashland Ave. Chicago, IL 60622 Direct: (312)386-5657 Fax: (312)386-5659 e-mail: hogan@unsonsle.con  2    Le  UNIOIN  THE UNISON PROGRAM FOR MUNICIPAL ENTITIES  SERVING YOUR COMMUNITY  UNIQUE EXPERIENCE  Unison is thet trusted expert for municipal organizations and other governmental entities wheni it comes to creating lasting value with cell site leases. We have helped municipal and government entities serving hundreds of communities across the United States real- As thet top independent cell site manager int the United States, we are wireless lease experts who understand the risks and opportu- nities associated with cell site leases. We are not affiliated with any one wireless carrier or tower operator. We are independent and Carriers and tower operators are typically concerned with lowering site rent or maximizing net revenue from a given site. The Unison program protects against the impact of lower rent or site decommissioning and preserves the economic value of the site for the  izet the full financial potential oft their cell site leases through carefully customized transactions.  objective. You- the municipality - are our customer.  municipal site owner. LOCAL EXPERTS  Unison's local site development professionals understand the communities in which they live. They know how important capital is for municipal programs, services and capital improvements. They respect the challenges of working with dedicated professionals who serve the community and are responsive tos service boards and committees comprising elected officials, volunteer members of the community and outside advisors. They are creative and flexible not onlyi in designing a transaction or program to meet specific Your Unison Site Development Officer is your linkt to Unison and brings creativity and experience tot tailor the Unison program toy your Municipal government entities recognize that the Unison program is a great capital raising alternative toi increasing taxes, borrowing We payt the site owner a cash lump sum based ont the existing lease(s) for a wireless easement (or an alternative financial structure) ont the property. The easement isf for as specific purpose - the operation of the cell site. We donot! buyt thep property, only ay wireless communications interesti int the property, whiche enables Unisont top payt the maximum value. Municipal and other governmental entities typically are very concerned about rent reduction and lease termination programs by wire- less carriers because the rent and inherent value oft the cell site are important tot the community. Rent reduction orl lease termina- tion is primarily driven by carrier consolidation. For example, when AT&T and Cingular merged, thousands of rooftop leases were eliminated and thousands more: site owners had their rents reduced. Sprint and Nextel's recent merger is now causing further cell Technological change can also quickly reduce the need for existing sites. We have seen such change with the growth of distributed antenna systems and the rapid decline oft the paging industry which has dramatically reduced the population of paging antennas. With in-depth knowledge of the local market and competitive cell sites, your Unison Site Development Officer can help you assess  financial goals - but also in addressing the concerns of all decision makers. goals. We know! how to eliminate the risk and create lasting valuet for municipal entities. from banks ori issuing municipal bonds. The concept is simple and straightforward.  THE UNISON PROGRAM  We assume the risk ofr rent reduction and lease termination.  site decommissioning and rent reduction for rooftop cell site owners.  these risks toy your cell site leases. BLUE-CHIP FINANCIAL STRENGTH  Unison is financially strong andi independent. Our financial strength comes from American Securities and' TowerBrook Capital Partners, L.P. American! Securities has more than $8 billion under management and are currently investing from their sixth fund. TowerBrook Capital Partners is a privately owned equityi investment firm with morei than $2.5 billion under management.  Experienced, Trusted, Independent, Strong.  We are Unison. Serving community.  UNISON 110 Thomas Jobnson Drive . Suile 110 . Frederick, MD 21702 . veste www.unsonsile: com    4e  UNIOIN  THE UNISON PROGRAM FOR MUNICIPAL ENTITIES  UNISON CLIENT RECOMMENDATIONS  SERVING YOUR COMMUNITY has helped municipal entities serve their communities.  The Unison program provides capital for important programs, services or capital improvements. Here are a few of the ways Unison "The Town will use the lump sum to help defray the cost ofa project the Town otherwise would have had difficulty funding "Thank you for) your time and attention to our tower transaction. We truly do appreciate the advice and knowledge you shared "In times oft federal budget reductions, housing authorities have to be creative ini finding new methods to enhance our revenue. The easement. and lease arrangement with Unison was certainly a great opportunity to add revenue to our budget."  CREATE CAPITAL and launching."  Robert B. Lowe, Town Administrator, Town of North Smithfield, North Smithfield, RI  about the wireless industry."  -John F Turben, Mayor, Village of Kirkland Hills, OH  -S Stephen J. O'Rourke, Executive Director, Providence Housing Authorities, Providence, RI  ELIMINATE FINANCIAL RISK  "Youra advice and counsel were very accurate int that we were recently informed that the rental fees we were charging would be "We became concerned that industry consolidation would cause our rents to be negotiated downwards. The opportunity to sell  negotiated downward, so the opportunity to sell was av very good one for our City."  George Mans, City Administrator, City of Southgate, Southgate, MI  our wireless leases to Unison represented: a good and timely option for the Housing Authority."  Michael W. Siwck, Executive Director, West Haven Housing Authority, West Haven, RI  CUSTOMIZED SERVICE  "Park City has had: several companies contact City government with interest in permanent easement on the new City Hall site. The city was unable to conclude negotiations andi formed the impression that these companies were not willing to work the City ina addressing the many legitimate concerns the city had. Unison proved them all wrong. Negotiations were direct and professional "We were very pleased with Unison's professional conduct and ollow-through, in particular the special attention their legal  and the legal team was very accommodating." department gave to the specifics of our transaction." HOW TO CONTACT UNISON  Peter Karlovics, City Attorney, City of Park City, Park City, IL Kevin A. Breen, Town Administrator, Town of West Greenwich, RI  Please visit our company website at www.unisonste.com or call 866-599-SITE (7483).  UNISON 110Thomas Johnson Drive . Suite 110 . Frederick, MD 21702 . vyopsier www.unlsonsle.com