Onancock Town Council Meeting  AGENDA July 27, ,2015 7:00 p.m.  1. Call to Order and Roll Call 2. Pledge of Allegiance 4. Public Business  3. Consideration and Approval of Minutes from the Regular. Meetings on May 28, 2015 and June 22, 2105 as well as the emergency meeting on June 30, 2015  a. Historic Onancock School Lease Carry Forwards 1. Gas Pump Project 2. Building Maintenance d. BZA. Appointments  b. Supplemental Appropriation; Tree Board $1,235  5. Public Comment  6. Planning Commission Report- Fletcher Fosque 7. Marketing Committee Report-J John E. Morgan 8. Personnel Committee Report 9. Waterfront Committee Report - T.I Lee Byrd 10. Christmas Committee, Catherine Krause 11. Mayor's Report 12. Town Manager's Report 13. Mayor and' Town Council Comments  14 Closed Session (Contract Negotiation and Potential Litigation))  15. Adjourn    Town of Onancock Town Council May 28, 2015 7:00PM  Call to Order and Roll Call:  Mayor. Jones called the meeting to order at 7:06 PM and roll was called. Mayor Russell Jones and Councilmembers T. Lee Byrd, Sandra Fox, Joshua Bundick, and Fletcher Fosque were present. Four  councilmen were present and a quorum was established.  The Pledge of Allegiance was recited.  Consideration and Approval of Minutes from the Regular Meeting on April 27,2015: Mayor. Jones asked With none, Councilmember Bryd made a motion to approve the April 27th, 2015 meeting minutes as submitted. Councilmember Fosque seconded the motion. The motion passed by unanimous voice vote.  ift there were any corrections, changes, or additions to the April 27, 2015 meeting.  Public Business:  A. Proposed Fiscal Year 16 Annual Operating Budget:  Mayor. Jones opened the floor for comments. Town Manager Lawton explained that the budget will be approved on June 21t. Councilmember Fox then asked about the parade fund. She questioned if the parade fund was just for the Christmas Parade or ifit was for the St. Patrick's Day Parade as well. Town Manager Lawton confirmed that the fund is only for the Christmas Parade. Councilmember Fosque inquires about the left over funds from the 2014 Christmas Parade fund. Town Manager Lawton says that the left over funds will be added to the 2015 Parade Fund. Councilmember Bundick questions if the Town employees will receive the 2% raise which had been discussed. Town Manager Lawton confirmed that this is still happening. No other questions were asked regarding the 2016 Fiscal year Proposed  budget. Mayor. Jones closed the first public hearing.  B. Proposed Increase in Sewer Rates Effective July 1, 2015:  Mr. Lawton explained that the proposal is acceptable although not perfect. Mr. Lawton shared that Accomack County sent three spate proposals to the Town and that Council voted to approve the proposal titled, "The Lowest Town Rate". Mr. Lawton explained that there have been ai few changes to the initially agreed upon proposal. The County has asked for an increase in flow from 100,000 gallons to 150,000 gallons. Also, the Agreement would be in play for 40 years and the County would have to provide the Town with a 30 month notice prior to cancellation. The Town has also expressed an interest in creating a method of monitoring what types of elements are being placed in to the system from the County. The concern being that if the Town is fined from the Department of Environmental Quality for high levels of elements, such as copper the Town would be able to identify the source and work towards Councimember Bundick made a motion to approve the sewer agreement with Accomack County. for the lowest town rate for sewer. Councilmember Byrd: seconded the motion. The motion passed by  fostering an appropriate solution to the issue.  unanimous voice vote.  1    C.S Supplemental. Appropriation, St. Patrick's Day Parade Revenue:  Mr. Lawton explained that the supplemental appropriation is to cover the expenses that were incurred for the event. These monies were received through donations to the Town for the St. Patrick's Day Councilmember Fosque made a motion to approve a supplemental appropriation to the FY15 Budget to Fund. 10 Revenue - Parade Revenue and Fund 10 Expense- - Parade, both int the amount of $6,750.00 Councilmember Fox seconded the motion. The motion passed by unanimous voice vote.  Parade.  Public Comment:  A. Mrs. Peaches Dodge of 12 Meadville wanted to bring the Town Managera and  Councilmembers up to date on1 the ESCADEV building on Market Street which was hit by a car earlier this year. They are redoing thei front oft the building to accommodate their needs and to form al better traffic pattern when entering and exiting the parking lot from Pennewell, Avenue. Councilmember Byrd expresses his concern about ESCADEV clearing the timber behind their building. Mrs. Dodge explains that they have had volunteers offer to helpl bush hog and landscape the lot. She says some oft the trees will stay but the bigger ones will have to go. Once the lot has been cleared the ESCADEV has plans to build another shelter on that lot. Mrs. Dodge makes the comment that she feels very supported by the  Town of Onancock, and the Police officers of Onancock.  B. Mr. Allen Silverman comments that while driving down Market Street his came up on what turned out to be a road block and license check. Mr. Silverman expresses his concern that thet town Police car lights were making it difficult to see, which made it hard for him to telle exactly what he was  coming up on. Planning Commission: No Comment. Marketing Commission: committee. Onancock.  M. Lawton shared that Mrs. Nancy. James made a presentation on the St. Patrick's Day parade to the Mr. Lawton explained that the committee will be working on making an old mapi to explain the history of Ms. Ann Nock shared that there is a map from 1912 int the Town Office which should assist the  committee in their efforts. Personnel Commission: No Meeting. Waterfront Committee:  The committee held a meeting on May 12", 2015. Councilmember Byrd explained that slip reservations are upi from last year and that comments have been very positive. Mid-Atlantic Petroleum will pour concrete tomorrow so that the gas tanks can bei installed. Councilmember Byrd shared that the hope is to have the gas tank fully operational within three weeks. Councilmember Byrd also shared that the  next' Waterfront Committee meeting will be held. June 9t,2015.  2    Mayor's Report: No report.  Town Manager's Report: local match will have to aswell.  Mr. Lawton explained that the Virginia Port Authority has agreed to extend the Wharf Gas Tank grant monies through the next fiscal year. The cost oft the project has increased $22,000 and therefore the Mr. Lawton shared that the bank reconciliations have been balanced and that the Town is in good financial shape. Mr. Lawton mentioned that the Police funds will have to be added to, covering that were not originally budgeted for such as training and the increased cost of ammunition.  Mayor and' Town Council Comments:  Councilmember Byrd thanked Councilmember Bundick again for his interest in getting Town residents Councilmember Bundick expressed his interest in having Town Staff notify those in Town who are delinquent inj purchasing their Town Decals. There was some discussion of possibly putting the notice Mrs. Dodge expressed an interest in a fine being assessed for those who are delinquent in purchasing Councilmember Bundick asked Mr. Lawton to report at the next meeting where the Town stands on this  into compliance with the vehicle decal requirements.  on the utility bills or through a mailing of sorts.  their vehicle decals. delinquency. Adjourn:  Councilmember Bundick made a motion to adjourn. Councilmember Fosque seconded the motion. The  passed by unanimous voice vote. The meeting adjourned at 8:14 PM.  C.Hot Allison Hart, Deputy Clerk  Russell Jones, Mayor  3    Town of Onancock Town Council June 22, 2015 7:00PM  Call to Order and Roll Call:  Mayor. Jones called the meeting to order at 7:01 PM and roll was called. Mayor Russell. Jones and Councilmembers T. Lee Byrd, Catherine Krause, John Morgan, Joshua Bundick and Fletcher Fosque were present. Councilmember Sandra Fox was absent. Amajority of members were present and a quorum  was established.  The Pledge of Allegiance was recited.  Consideration and Approval of the Meeting Minutes from May 28",2015:  Mayor. Jones explained that the minutes from the May 28", 2015 meeting were not completed to date. FY16 Budget = Resolution to approve the FY1 16 Budget, tax rates and increased sewer rates: Mayor. Jones explained that this willl be the fourth time the proposed FY16 Budget has been heard Town Manager Lawton explained that there have been no changes to the original proposed FY16 Budget that was presented to Council at few months ago. Mr. Lawton also explained that the proposed new sewer rates will goi into effect. July 1 but that those meters that get billed in. July will be billed according to the current rate structure since their consumption was during the current fiscal year. Mayor. Jones explained that even with the proposed increase int the Town's sewer rates, the Town of Mayor Jones asked if there were any questions regarding this issue from either Council or from the With none, Councilmember Bundick made a motion to approve the following Resolution: The foregoing Resolution R-01-2015 was approved at a Regular Meeting of the Town Council of the Town of Onancock, Virginia, conducted on. June. 22, 2015, upon the following recorded voice vote: Councilmember Byrd seconded the motion. The motion passed by unanimous voice vote.  publicly.  Onancock is still one-third of the cost of sewer fees in the Town of Cape Charles.  public.  T. Lee Byrd Sandra Fox John Morgan Public Business:  YegNo Absent GSNo  Fletcher Fosque Joshua Bundick Catherine Krause  GYegNo GesNo GESNo  a. Sewer Agreement with Accomack County: Mr. Lawton shared that the Town sent one area of concern regarding the proposed Agreement back to Accomack County; it was regarding the County's desire to have the Town conduct an analysis of sewer expenditures every ten years. The Town was not expecting them to amend the Agreement. The Townj just wanted to make the County aware of its concerns. Mr. Lawton shared that the County had not realized that  1    language was in the document, they actually had wanted it to be every five years. Accomack Countyi is making the necessary amendments. The County feels that the change is small enough not to warrant it going backi in front of each respective board. Mr. Lawton expressed his desire to have a signing ceremony with Accomack County over this Agreement being finalized. Mr. Lawton also shared that that the Town would be financially responsible for the analysis of Councilmember Bundick asked Mr. Lawton what the projected cost of the expenditure study  the sewer expenditures.  will be sO that in the future Council could budget for it.  Mr. Lawton feels that the study will probably cost the Town around $5,000.  Mayor. Jones asked Council to verbally approve the change int the Agreement from ten years to b. Supplemental Appropriation, for Police Grant: Mr. Lawton explained that the Department of Motor' Vehicles (DMV)gives the Town Police Department monies for scheduled highway safety traffic stops along Town roads. These, grant monies pay the over-time for the Officers that participate int these stops. These over-time monies were not budgeted. Mr. Lawton shared that the funds have already been received from DMV. Mr. Lawton recommended that Council Councilmember Krause made a motion to budget and appropriate as supplement of $765.30to revenue line 103221.0401 (Law Enforcement Funds) and expenditure line 105524.1200 (Overtime/for funds received by the Department of Motor Vehicles for the Highway. Safety Program. Councilmember Bundick seconded the motion. The motion passed by unanimous voice  five years. All members in attendance were in agreement.  approve this Supplemental Budget request.  vote. Public Comment:  Richard Pearsall, 3 Market Street, shared a concern that was brought to his attention byl local Watermen. The Town of Onancock is not honoring annual slip fees this year for them. Mr. Pearsall shared that the Town Code does not appear to reflect the grant proposal that was drafted for the Town to get Boating Infrastructure Grant (BIG) monies. Mr. Pearsall explained that the Town was coached by Mr. Preston. Smith inl how to word the grant proposal so that the Town would be sure to get those dollars awarded toi it. Ini the proposal the Town stated that it would guarantee three berths for the Watermen. Mr. Pearsall is asking the Town to do its due diligence to verify what the 2011 Agreement with the Boating Infrastructure Grant states for guaranteed berths for the Watermen. Mayor. Jones asked Mr. Pearsall if he has a definition for what constitutes a Waterman. Mr. Pearsall Mr. Lawton shared that there is a meeting scheduled with Mr. Preston Smith with the Virginia Department of Health and that he would discuss this issue with him at that time.  stated that he did not.  Planning Commission: No meeting.  2    Marketing Committee:  Mr. Lawton shared that the committee discussed holding another town event such as Harborfest. The event would be a community wide event sometime in the Fall. Mr. Lawton asked Council and the attendees to come forth with any suggestions for an event. Mr. Lawton also stressed that a town event  would require assistance from volunteers.  Personnel Committee: No report. Waterfront Committee: No report. Christmas Committee:  Councimember Krause explained that new funds have been identified for the next fiscal year budget and that the committee was taking its time to put together a plan that could be unfolded in stages due to limited funds. The committee has no formal plans yet but are focused on setting goals for which items should be purchased and when. Councimember Krause shared that the committee hopes to have  new decorations in place by 2017. Mayor's Report:  Mayor Jones addressed a concern that had been discussed recently regarding electronic media. A reference had been made to the Town of Cape Charles doing a better job of reaching potential visitors than the Town of Onancock. Mayor Jones stated that the Town of Cape Charles does have some things that Onancock does not such as a beach but they also have a number of empty store fronts. Mayor Jones explained that an "apples to apples" comparison between the two Towns is not an appropriate practice. Mayor Jones believes that the Town of Onancock has a lot to offer tourists.  Town Manager Report:  1. Mr. Lawton wanted to make council aware that the Town has been approached by ai firm out Chicago to control anyl leases on the Town's Water Tower. Currently, the Town has two companies that lease space on the water tower, Eastern Shore Communications. and AT&T. The company would take over the management of those leases and any future leases. The Town would be compensated 60%1 for any new leases on the tower and the initial compensation for this deal would bring in $278,000. That would be a substantial cash infusion into the general revenue which could assist the Town for capital improvement projects. Mr. Lawton shared that he has attempted to contact other firms in the same field for a comparison on rates but none have responded. The contract with AT&T allows them to reevaluate their rent and lower it as they see fit, which has happened once already and they can opt out earlier than the lease term. Eastern Shore Communication pays no rent to the Town based on their contract, currently their Mayor Jones explained that $287,000 additional in the general revenue fund could go a long way with helping the Town secure matching grant funding for capital improvement projects. 2. Mr. Lawton thanked the Town Staff especially the Police Department for their efforts with the collapsed building on King Street. Police Chief Eric Williams did an exceptional job ensuring  compensation to the Town is two free connections.  public safety during the event.  3    3. Mr. Lawton shared that the Town received a warning letter from the Department of Environmental Quality (DEQ) for slightly higher levels of ammonia int the Town's water supply. Town staff was aware of this issue. The plant wasi not operating efficiently but the repairs have 4. Mr. Lawton shared that the estimate for the Town Gazebo repairs came inl higher than  been made since that sample went out.  expected. The material cost is high for cedar shakers.  5. Mr. Lawton shared that the delinquent collection efforts are still int full swing. The Town will be sending out a postcard to delinquent residents for vehicle decals and personal property taxes. Mr. Lawton explained that the Town. Attorney, John Cusits, gave the Town a detailing on how to touch base with ABC regarding restaurants with ABC liquor licenses in Town that have Mr. Custis is also continuing with his collection efforts for the Town's back real estate taxes. 6. Mr. Lawton shared that the concrete has been poured fori the Wharf Gas Tank and it will need to rest for seven days before the tank can be installed. The Town is hoping that the tank will be  delinquencies with the Town.  onsite shortly.  Mayor and' Town Council Comments:  Councilmember Bundick wanted to publicly thank Mr. Craig Savage fora all of his years of service as the Councilmember Bundick also asked Mr. Lawtoni if he was able to locate the Virginia Code specifict to Mr. Lawton stated that hel has been looking into whether or noti it is lawful to place the vehicle decal fee directly on1 the Town's tax bill. Mr. Lawton shared that he believes it is worth looking into and that he knows that some other towns are contemplating adding the vehicle decal fee directly to the Town's tax bills as well. Mr. Lawton shared that part of the challengei is that the Town does not generate its own tax bills and that the County Treasurer would need to be on board with the Town's policy change. Councilmember Bundick made a motion to adjourn. Councilmember Morgan seconded the motion. The  Town's mailman. Mr. Savage recently passed away.  vehicle decals.  Adjourn:  passed by unanimous voice vote. The meeting ended at 8:06 PM.  Russell. Jones, Mayor  Lisa Weeks, Deputy Clerk  4    Town of Onancock Town Council June 30, 2015 5:00PM  Call to Order and Roll Call:  Vice Mayor Fosque called the meeting to order at 5:00 PM and roll was called. Vice Mayor Fletcher Fosque and Councilmembers' T. Lee Byrd, Catherine Krause, John Morgan and Sandra Fox were present. Mayor Russell Jones and Councilmember Joshua Bundick were absent. A majority ofr members were  present and a quorum was established. The Pledge of Allegiance was recited.  Items of Business:  a. Virginia Retirement System Resolution: Vice Mayor Fosque explained that this Resolutioni is required by the Virginia Retirement System to clarify member contributions in the system. This is the same Resolution Council has adopted everyyear for the last three years. Councilmember Byrd made a motion to adopt the Resolution entitled Member Contributions by Salary Reduction for Counties, Cities, Towns and Other Political Subdivisions. Councilmember Krause seconded the motion. The motion passed by unanimous voice vote.  Adjourn:  Councilmember Fox made a motion to adjourn. Councilmember Krause seconded the motion. The  passed by unanimous voice vote. The meeting ended at 5:01 PM.  Fletcher Fosque, Vice-Mayor  Lisa Weeks, Deputy Clerk    Member Contributions by Salary Reduction for Counties, Cities,  Towns, and Other Political Subdivisions  (In accordance with Chapter 822 ofthe 2012 Acts of Assembly (SB497))  Resolution  WHEREAS, the' Town of Onancock,55391, employees who are Virginia Retirement System members who commence or recommence employment on or after. July 1,2012, shall be required to contribute five percent oftheir creditable compensation by salary reduction pursuant to Internal Revenue Code $4 414(h) on a pre-tax basis upon  commencing or recommencing employment; and  WHEREAS, the Town of Onancock employees who are Virginia Retirement System members and in service on. June 30, 2012, shall be required to contribute five percent oft their creditable compensation by salary reduction  pursuant to Internal Revenue Code $ 414(h) on aj pre-tax basis no later than July 1,2016;a and  WHEREAS, such employees in service on June 30, 2012, shall contribute ai minimum of an additional one percent oftheir creditable compensation beginning on each Julylof2012, 2013, 2014, 2015, and 2016, or until the  employees' contributions equal five percent of creditable compensation; and  WHEREAS, the Town of Onancock may elect to require such employees in service on. June 30, 2012, to contribute more than an additional one percent each year, in whole percentages, until the employees' contributions  equal five percent of creditable compensation; and  WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB497) requires an increase in total creditable compensation, effective July 1,2015, to each such employee in service on June 30,2015, to offset the cost of the member contributions, suchi increase in total creditable compensation to be equal to the percentage increase oft the member contribution paid by such pursuant to this resolution. (For example, ifthe member contribution paid by the employee increases from two to three percent pursuant to this resolution, the  employee must receive a one percent increase in creditable compensation.)  BEI IT THEREFORE RESOLVED, that the Town of Onancock does hereby certify to the Virginia Retirement System Board ofTrustees that its shall effect the implementation ofthe member contribution requirements of Chapter 822 ofthe 2012 Acts of Assembly (SB497) according to the following schedule for the  fiscal year beginning July 1,2015:  PLAN2 Employer Paid Member Contribution Employee Paid Member Contribution Total  Percent 1% 4% 5%  PLANI Employer Paid Member Contribution Employee Paid Member Contribution Total  Percent 1% 4% 5%  (Note: Each column must add up to 5 percent.); and  BEITI FURTHER RESOLVED, that such contributions, although designated as member contributions, are to  be made by the Town of Onancock in lieu ofmember contributions; and    BEI ITI FURTHER RESOLVED, that pick up member contributions shall be paid from the same source of BEI IT FURTHER RESOLVED, that member contributions made by the Town of Onancock under the pick up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement;  funds as used inj paying the wages to affected employees; and  and  BEI ITI FURTHER RESOLVED, that nothing herein shall be construed SO as to permit or extend an option to  VRS members to receive the pick up contributions made by the Town of Onancock  directly instead ofhaving them paid to VRS; and  BEI ITI FURTHER: RESOLVED, that notwithstanding any contractual or other provisions, the wages ofeach member ofVRS who is an employee ofthe Town of Onancock shall be reduced by the amount of member contributions picked up by the Town of Onancock on behalfofs such employee pursuant to the foregoing resolutions;  and  BEITFURTHER RESOLVED, that no salary increases provided solely to offset the cost of required member contributions to the Virginia Retirement System under $ 51.1-144 ofthe Code of Virginia will be used to certify that  any salary increases required by the Appropriation Act have been provided.  NOW, THEREFORE, the officers are hereby authorized and directed in the name of the Town of Onancock to carry out the provisions ofthis resolution, and said officers are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to pajd by the Town of Onancopk for this purpose.  Mltit  Governing Body  177  CERTIBICATE  SAWRKS pA Cokrie.eg. .Clerk, Secretary] ofthe  TODHOMNINL WOF OnAnInck DAyLOL Virginia at and seal oft the 30th day of Jure  [Political Subdivision Name), certify that the [Political Subdivision Name] held at  foregoing isat true, and correct copy ofar resolution passed at a lawfully organized meeting ofthe  o'clock on Junu  3h,2 2015. Given under my hand [Political Subdivision Name] this  TOY 0F OAVNK  2015.  y  This resolution must be passed prior to July 1, 2015 and received by VRS no later than July 10, 2015.    SUGGESTED MOTION: Mr. Mayor, Imove to approve a supplemental appropriation for the Tree Board (Misc. Revenue 103189.0401/Tree Board  Expenditures 104001.5804) in the amount of$1,234,00,  AGENDA  TOWN COUNCIL  JU;Y27,2015  SUBJECT: Appropriation ofFunds from the proceeds of a canoe raffle appropriation since these are funds raised by the Tree Board to assist in the  RECOMMENDATION: completion of their projects. TIMING: Routine DISCUSSION: None  Staffrecommends approval of the supplemental  Staff: G. Cabell Lawton, IV Town Manager  Attachment: Copy:    SUGGESTED MOTION:  Mr. Mayor, Imove to carry forward funds from FY  15tol FY16in the amount of $82,000 to complete the gas tank and pump project at  the wharf. AGENDA  TOWN COUNCIL  JULY27,2015  SUBJECT: Carry Forward of funds for a specific project  RECOMMENDATION: project moving forwad.  Staffrecommends approval oft the proposed action.  TIMING: This will enable stafft to continue to approve invoices and keep the  DISCUSSION: This project has been approved through a contract and therefore the Town is obligated to pay for invoices charged under the contract.  Staff:G. Cabell Lawton, IV Town Manager  Attachment: Copy:    SUGGESTED MOTION: on the gazebo in Town Park.  Mr. Mayor, Imove to carry forward funds from FY  151 to FY16 in the amount of $5,000 from line item 10-6034-6027 to complete repairs  AGENDA  TOWN COUNCIL  JULY27,2015  SUBJECT: Carry Forward of funds for a specific project  RECOMMENDATION:  Staff recommends approval ofthe proposed action.  TIMING: This will enable staff to have sufficient funds to complete the project DISCUSSION: This project has not been previously approved by Council  and hopefully secure additional funding from the OBCA. although it has been discussed on several occasions.  Staff: G. Cabell Lawton, IV Town Manager  Attachment: Copy:    SUGGESTED MOTION: Mr. Mayor, ,Imove to request the appointment ofMr. Caleb Fowler, Ms. Carolyn Richardson, Ms. Maphis Oswald, Mr. Tom Reinerth, and (VACANT) for a four year term on the BZA. The term ofa appointment shall begin on  August 1,2015. AGENDA  TOWN COUNCIL  JULY27,2015  SUBJECT: Appointment of members ofthe Board ofZoning Appeals  REÇOMMENDATION: reappointed.  Staffrecommends appointing those members who  have served on the BZA in the past. All four members have agreed to be  Ms. Oswald reported that Mr. Shelton Askew was once appointed to the BZA as well TIMING: There is a pending request for a Variance SO a properly appointed BZA  but Idor not have his contact information.  needs to be installed.  DISCUSSION: There may be a second variance request as well.  Staff: G. Cabell Lawton, IV Town Manager  Attachment: Copy:    ONANCOCK POLICE DEPARTMENT Summary of Police Activities for  June 2015  Events initiated: June- May- April-  1,068 947 838  Traffic Enforcement:  Number of Summon(s) issued- Number of Warning(s)-  63 5 763  Business / Citizen-  (Complaints, assist, checks, and special patrols)  Court:  Number of times attended- Amount of fines-  2 $788.00  Criminal Cases  Number Iinltlated/investigated-  13  Offense: Disorderly Intimidation Assault Verbal Domestic Theft/L Larceny Vandalism  #of 1 1 2 1 5 1 1 1  Theft Vehicle Registration Stolen ATM Code