ONANCOCK 1630 VIRGINIA'S EASTERN SHORE Town Council: Lisa Fiege, Omar Grubb, Cynthia Holdren, Joy Marino, Sarah Nock Mayor: Fletcher Fosque - Town Manager: Matt Spuck Town Council Meeting June 23, 2025, 7:00 p.m. Agenda 1. Call to order and roll call. 2. Pledge of Allegiance 3. Vote on the meeting minutes from May 19, 2025. 4. Public Hearing a. Article IX: Meals Tax 16-340 to 16-377 b. Article IV: Transient Occupancy Tax 30-251 to 30-280 5. Public Presentation: a. A&A Air Services, Chris Allen b. United Roofing Inc., Tim Brooks C. Tree Board, Bill Burham 6. Council Action a. Vote on Meals and Transient Occupancy Tax ordinances. b. Vote to change overtime policy for Police Department. 7. Council discussion: a. None scheduled 8. Committee Reports a. Planning Commission (Cindy Holdren) b. Economic Development Authority (Lisa Fiege) 9. Community Reports a. Onancock Main Street (Lisa Fiege) b. Historic Onancock School (Sarah Nock) 10. Public Comment 11. Mayor's Report 12. Town Manager's Report a. Financial Report b. Manager's Report C. Police report 13. Town Councilmember comments 14. Closed session. a. None scheduled. 15. Adjourn 15 North Street I Onancock, Virginia 23417 - 757.787,3363 onancock.com Town of Onancock Town Council Meeting Monday, May 19, 2025 7:00 PM 1) Call to order and roll call. - Mayor Fosque called the meeting to order at 7:00 PM and roll was called. Councilmembers Lisa Fiege, Omar Grubb, Cindy Holdren, Joy Marino via Zoom, Sarah Nock, Maphis Oswald and Mayor Fletcher Fosque were present. Town Manager Matt Spuck and Town Clerk Debbie Caton were also present. 2) Pledge of Allegiance 3) Vote on meeting minutes from April 14, 2025 - Councilmember Fiege moved to approve the meeting minutes from April 14, 2025. Councilmember Oswald seconded the motion. The motion passed with a 6-0 vote. 4) Vote on meeting minutes from April 28, 2025 - Councilmember Oswald moved to approve the meeting minutes from April 28, 2025. Councilmember Fiege seconded the motion. The motion passed with a 6-0 vote. Councilmember Fiege moved to add a closed session for personnel and real property matters to the agenda. Councilmember Holdren seconded the motion. The motion passed with a 6-0 vote. 5) Joint Public Hearing - Special Use Permit (SUP) = Farmer's Market - The public hearing opened at 7:03 PM. The roll was called to open the Planning Commission meeting. Commissioners Jeff Adler, Jim Labadie, John McGowan, Cindy Holdren, Paul Weitzel and Chairperson Kasey Grier were present. The following public comments were recorded. a. Beth Temple - Ms. Temple supports the SUP as written for the location of the Farmer's Market in the Queen Street parking lot. b. Lise Geduldig Ms. Geduldig expressed concern for the Onancock Farmer's Market lease which has a proposed term of 20 years. Also, there are inadequate insurance provisions that does not account fori fire or spill where civil penalty could amount to $50,000. The proposal is missing two important pieces. The first is anything having to do with a change in circumstances along with reporting obligations. The Town of Onancock carries significant custodial and fiduciary obligations that are not fulfilled by the proposal in its current form. - See full statement attached. The public hearing closed at 7:07 PM. 1Page - Town of Onancock Town Council Meeting Monday, May 19, 2025 7:00 PM Commissioner Labadie moved to approve the special use permit as submitted with the following conditions. The open-air farmers and artisans' market operating Saturday morning 6:30 AM to 1:00 PM from May through November, overseen by a paid market manager and assisted by volunteers. The market will be limited to the designated area marked on the map included in the application. The vendors will use a designated trash receptacle for the refuse and will leave the lot as they found it. Management will instruct vendors who do not keep their vehicles with them to park on Ames Street rather than in the lot. The special use permit is valid if the open-air market is overseen by the 501c3 registered as Onancock Farmer's and Artisan Market, Inc. and the organization is in good standing with the IRS and State Corporation Commission. Commissioner Weitzel seconded the motion. Chairperson Krier expressed concerns that a government agency should not lease assets for the period of twenty years. The planning commission voted 6-0 to recommend approval of the SUP. The Planning Commission adjourned at 7:13 PM. Councilmember Holdren moved to accept the Planning Commission's motion as they expressed with the conditions and that the SUP is valid up to twenty years and will follow the terms of the lease. Councilmember Fiege seconded the motion. A roll call vote was taken: Councilmember Fiege -aye Councilmember Grubb - aye Councilmember Holdren -aye Councilmember Marino - aye Councilmember Nock - aye Councilmember Oswald - nay The motion carries with a 5-1 vote. 6) Public Presentation a. None scheduled. 2/Page 3 Town of Onancock Town Council Meeting Monday, May 19, 2025 7:00 PM 7) Council Action a. Resolution for 2026 Budget, 2025 Tax Rates, 2026-2030 Capital Improvements Plan Town Manager Spuck explained the first pass of the budget was presented on March 24, 2025. A special meeting was held April 14, 2025, where budget adjustments were made. A public hearing was held on April 28, 2025, to review the budget and the tax rates. Councilmember Fiege read the resolution (see full resolution in the town council packet.) Councilmember Fiege moved to accept the resolution. Councilmember Nock seconded the motion. A roll call vote was taken: Councilmember Fiege - aye Councilmember Grubb -aye Councilmember Holdren - aye Councilmember Marino -aye Councilmember Nock - aye Councilmember Oswald - aye The motion carries with a 6-0 vote. b. Appoint a commissioner to fill an opening on the Planning Commission- Councilmember Fiege moved to appoint Greg Temple to the Planning Commission effective immediately. Council member Holdren seconded the motion. The motion passed with a 6-0 vote. Councilmember Holdren suggested to schedule a Special Meeting in June to discuss ongoing projects and other matters on Monday, June 9, 2025, at 6:00 PM. 8) Council Discussion: a. Lease of Queen Street Land to Onancock Farmer's Market - The lease will be discussed in more detail at the Public Hearing. b. Option to fund a project at HOS - Town Manager Spuck explained he was asked to produce options for how the town could help or at least raise the funds for the repairs at the Historic Onancock School (HOS). i. Councilmember Oswald commented the school's lease states they are responsible for the repairs on the building. ii. Councilmember Fiege suggested the possibility of a hybrid solution. Council agreed to continue to discuss potential funding streams in a future meeting. 3IPage Town of Onancock Town Council Meeting Monday, May 19, 2025 7:00 PM 9) Committee Reports: a. Planning Commission (Cindy Holdren) - Councilmember Holdren reported the Planning Commission met in May and adopted the by-laws. They also discussed the comprehensive plan process and assigned tasks required to move forward with the plan. b. Economic Development Authority (EDA) (Lisa Fiege) = Councilmember Fiege reported the EDA has a scheduled meeting Wednesday, June 18, 2025, at 6:00 PM. 10) Community Reports: a. Onancock Main Street (OMS) (Lisa Fiege) - Councilmember Fiege reported that Maggie Grant, Program Director attended a meeting in Gloucester, VA along with several other Virginia Main Street affiliates. OMS is meeting with downtown businesses to introduce or reintroduce them to the OMS mission by inviting them to a networking event at the Blarney Stone. OMS is restructuring their social media to strategically promote the Town of Onancock. OMS is working with the Eastern Shore Tourism to help direct riders and their guest during the Tour De Shore ride. The two uptown muralists are under contract to begin the mural project. Both murals should be complete by the middle of November. b. Historic Onancock School (HOS) (Sarah Nock) - Councilmember Nock reported the work on the pavilion is close to completion. The Field Day Fiesta event held on Saturday, May 3, 2025, had over sixty people in attendance. The Blooms and Brushes walking tour is being held Saturday, May 31,2025 featuring local artist. The gallery will be featured at the Wine Wednesday reception on Wednesday, June 4, 2025. The annual ice cream social is scheduled for Thursday, July 3, 2025. 11) Public Comments a. Margie Labadie - Mrs. Labadie, Vice President of Friends of Onancock School (FOS), asked for Town Council's support or a plan to help FOS. See full statement attached. b. Kasey Grier - Ms. Grier stated she review the FY 2026 budget and attended the budget hearing but finds several mysteries in the budget. Ms. Grier stated the town council should not move forward with support of HOS until there is a budget of the repairs and/or upgrades without a full engineering report. She also stated the EDA needs to meet more than once a quarter. 4IPage 5 Town of Onancock Town Council Meeting Monday, May 19, 2025 7:00 PM C. John Morrison Mr. Morrison stated the gravel being dropped from Chaney Enterprises' trucks should be their responsibility to clean up. He stated it is not only an eye sore, but it is turning into a safety issue. d. Rosemary Paparo - Ms. Paparo echoes Ms. Grier's comments regarding HOS and requiring a full engineering report before deciding to help assist with any financial support. All repairs should be bid out to professional contractors. e. Tiara Tracy - Ms. Tracy has conçerns about the times for mosquito spraying and how effective the spraying is for the town. She asked who is monitoring the weather and wind. She thinks more education for the town and for the residents would be beneficial. f. Beth Temple - Ms. Temple would like to add the Samual Outlaw Blacksmith building repairs to the agenda at the Special Meeting scheduled for June 9, 2025. g. Clinton Strand - Mr. Strand asked when the repairs to the basketball court in the Northeast district will begin. He also stated the grass at the Armory is extremely high and the Samual Outlaw Blacksmith building needs repairs. h. Dana Simson - Ms. Simson stated the gravel trucks from Chaney Enterprises travel at an excessive speed. Ms. Simson has concerns about the mosquito spraying and how it impacts the natural predators. Ms. Simson stated the concept of HOS is fantastic but funding the repairs is a conundrum and the concept at the school could be moved to one of the empty buildings on Market Street. i. Priscilla Hart - Ms. Hart thinks different ideas for the HOS should be considered. Ms. Hart has questions about the budget item for credit card fees. Ms. Hart would like more support for the Onancock Volunteer Fire Department. j. Greg Felthousen - Mr. Felthousen is happy that certain comments came forward about the real concerns residents have about our community. He is hopeful this type of dialogue will continue. Mr. Felthousen would like to see a plan from FOS with how they plan to fund the repairs at the school. k. Mark Sinclair - Mr. Sinclair thinks we should use the engineering report already paid for by HOS as opposed to paying for another one at the cost of around $50,000. I. Judith Grier --Ms. Grier wanted to bring attention to traffic on North Street and the lack of enforcement. The distracted drivers make it dangerous for everyone. See full statement attached. 5Page o Town of Onancock Town Council Meeting Monday, May 19, 2025 7:00 PM m. Paul Weitzel - Mr. Weitzel thanked everyone for the discussion about the placement and topic of the uptown murals. He asked town council to use its moral persuasion with OMS for the placement of the murals. 12) Mayor's Report - Mayor Fosque reminded everyone of the Music on the Lawn event being hosted at Ker Place on Friday, May 23, 2025. He also stated Town Clerk, Debbie Caton will be attending a press release in Norfolk with Governor Youngkin to the one year kick off to VA Sail 250 being held in Onancock June 12th - June 14th, 2026. 13) Town Manager's Report a. Financial - see full report in the Town Council packet. b. Manager's Report - Town Manager Spuck gave updates on the following projects: The 3-Hour Parking signs have arrived and will be installed hopefully this week. A volunteer with FOS called DEQ for a field measurement to verify that a deck being installed would be outside the RPA. DEQ measured and the survey was accurate. The deck will be installed outside the RPA. The open job positions were filled. Morgan Rose was hired to fill the vacancy in the Department of Public Works and Hannah Ayres was hired to fill the Administrative Assistant position. Ready, Set, Go grant provides free engineering for eight crosswalks from Hill Street to downtown. Town Manager Spuck is actively working on this project. 14) Town Councilmember comments - a. Councilmember Fiege - Councilmember Fiege stated that she was sorry to hear Councilmember Oswald has decided to step down from the Town Council. b. Councilmember Grubb no comments. C. Councilmember Holdren - no comments. d. Councilmember Marino -Councilmember Marino stated she too will miss Councilmember Oswald. Councilmember Marino expressed concern over the mosquito spraying and asked for Town Council to put that as a discussion item on a future agenda. She also echoed Mr. Strand's concern about the Northeast Park basketball court. e. Councilmember Nock = Councilmember Nock noted several yards have not been mowed and are overgrown. 6IPage Town of Onancock Town Council Meeting Monday, May 19, 2025 7:00 PM f. Councilmember Oswald - Councilmember Oswald resigned as a town council member and vice-mayor. Her full resignation letter is attached. 15) Closed Session - Councilmember Fiege moved to enter closed session to discuss personnel matters as allowed by state code section 2.237 11A1 and real estate matters as allowed by state code section 2.237 11A3. Councilmember Holdren seconded the motion. The motion passed with a 5-0 vote. Closed session started at 9:09 PM. Councilmember Fiege moved to exit closed session of this regular meeting of the Onancock Town Council and certify by roll call vote that the item discussed in Closed Session align with the purpose stated in the motion made in Open Session. Councilmember Holdren seconded the motion. A roll call vote was taken: Councilmember Fiege aye Councilmember Grubb - aye Councilmember Holdren - aye Councilmember Marino = aye Councilmember Nock aye Mayor Fosque aye Closed session adjourned at 9:50 PM. 16) Adjourn - Councilmember Holdren moved to adjourn the meeting. Councilmember Fiege seconded the motion. The motion passed with a 5-0 vote. The meeting adjourned at 9:50 PM. Fletcher Fosque, Mayor Debbie Caton, Town Clerk 7/Page 0 Lise Geduldig 6 Queen Street Onancock, VA 23417 May 19, 2025 Onancock Town Council Attn: Honorable Mayor and Council Members Town Hall 15 North Street Onancock, VA 23417 Subject: Special Use.Permit: - Queen Street Parkiog Lot Dear Mayor Fosque and Members of the Town Councit, The "Commercial Land Use Agreement" contained in the Town Council packet has several deficiencies to be addressed before it receives final approval. Lease.term of 20.years - No provisions authorizing the Lessor to terminate the lease for cause or for any reason, placing undue burden on the Town of Onancock, nearby property owners, and Onancock taxpayers. Inadequate insurance provisions - Paragraph 6c does not account for the possibility of a fire or spill, where the total civil penalty coutd amount to $50,000, not including any additional repairs or disposal that may be required. Missing.change in cirçumstances The Lease does not properly or adequately anticipate a change in Circumstances where the Lessor may wish to repurpose or temporarily suspend occupancy of the Queen Street Lot, nor does it set forth procedures that will be followed in those circumstances. It assumes that current tax and economic policy will continue for a generation. Missing reporting obligations Despite repeated claims that the Lessee's presence IS an 'economic driver' for Onancock, generating thousands of visitors who support local C commerce, there are no reporting obligations on the use of the property. Without basic reporting it will be impossible to objectively measure economic impact. Further, we strongly ençourage following recommended best practices for consideration of a Special Use Permit in Virginia, including 1. Imposing reasonable conditions in the permit (restricted hours of operation) with clear documentation and conduct thorough impact studies and incorporating those findings into the approval to demonstrate due diligence by the proposed Lessor. 2) Documenting findings that the SUP application is consistent with the comprehensive plan (and zoning ordinance). The Town of Onancock carries significant custodial and fiduciary obligations that are not fulfilled by the proposal. The businesses, residents and taxpayers deserve more rigorous management and oversight of Town assets. Sincerely, Lise Geduldig 0 Margie Labadie VP Friends of Onancock School I would like to ask Town Council to support a plan that helps the Friends of Onancock School continue its mission to connect, inspire and embrace our diverse community through artistic, educational, social & recreational means to sustain our legacy for future generations. You know, as we do, that we must find a solution and work together. We'd like to know that Town Council is with us in helping to bring forth ideas for our success in the future. We do not wish to be at odds with any Town Council member, let alone any member of the Onancock Community. We have quite a few new members of our Board of Directors and we'd like to think they have brought a new outlook to our future. Our Executive Director, Corey Kavulich, is actively making improvements daily to increase communication and make more information available to the public about the activities and amenities at the Historic Onancock School. Our trails, our playground, our disc golf course and more continue to be open daily, for free, to all. We will be opening the Pavilion this season. It will be a place for all - as are our grounds - and a place for all families and friends. We invite everyone to our events! The sand spurs have been beaten back into submission and sO we look forward to having you all out in the sunshine to hear some good music. Please help support the Historic Onancock School and support our efforts not just with your kind words, but with concrete ideas and the accompanying financial support needed to make our future successful. Thank you. - ask this be included in the Minutes of tonight's meeting. Town Council Meeting Monday, May 19, 2025 Mayor Fosque, Council Members, Town Manager Spuck and residents, I am here tonight to bring attention to an issue that has been troubling me for some time and that is traffic issues. Particularly on North Street but certainly not limited to it! We have owned our home, 28 North Street, since 1997 and have lived here full time since 2005. During the course of these 28 years, we've seen lots of changes in Onancock and in the traflic patterns, driving speed and courtesy of those behind the wheel. These days North Street is not only extremely busy but it is the speed, careless and distracted driving that is making it increasingly dangerous for residents, pedestrians, pets and wildlife. Plus, there appears to be a lack of enforcement that accompanies this danger. routinely walk around town and have noticed that in certain locations the mechanical speed reading sign for "speed limits"i is posted but not on North Street. Additionally, we are the recipients of the daily rush to work and post work "gotta get home" from the Commonwealth. Let's not forget the school bus, farm vehicles and assorted motorcycles! And, when the season picks up, golf carts enter the mix as well. So, what should we do? For a start, l'd like the town to please start enforcing speed limits that are already on the books and focusing on distracted and careless driving. Going forward I'd like to ask the Town of Onancock to invest in traffic calming devices for North Street. No they aren't popular, but neither is getting hit by a vehicle. Something has got to be done. Additionally, as I study the traffic in Town, I'd like to also bring to the Council's attention several other areas that should be examined, Crockett St. is also in need to some focus. The egress on to Market Street is routinely approached by vehicles that seem to be unaware that pedestrians are walking on the sidewalk; on several occasions while walking the dog l've nearly been creamed. But the Crockett St. exit onto North (near the Blamey Stone) also needs attention. Drivers routinely pull out too quickly and pedestrians are often at risk as it is difificult for both drivers and walkers to adequately see each other; this includes patrons of the DMV. Perhaps better signage or enforcement? And, last but not least, u-turns on Riley Street. Again, drivers routinely overshoot the shopping area and make a headfirst onto Riley and back out onto North! There have been some close calls. 12 Thank you for your time and attention to this matter. I look forward to seeing these issues addressed and please feel free to contact me if you need additional information Judith Grier, 28 North Street, Onancock, VA 23417 Phone: 757.787.1590 13 Ican no longer tolerate being associated with an ethically bankrupt administration. Therefore 1 will officially resign as councilmember! Vice Mayor, as of Tuesday, May 20th at 11:30 a.m. That will give me time to turn over to the Town of Onancock all of my council related notes and documents to be shredded or just further ignored. thank those who voted for me in the latest election and - apologize for not sticking it out to the term end. But when anyone looks back, wondering what happened to Onancock in the 20's, they'Il find only data to tell the story Who failed the people of this Town will go nameless, as only vote numbers will show and not the sham. Hopefully I've sown a few seeds of caution along the way. Last bit of advice, be careful of what grows in your garden. Goodnight and good luck. - 5 2 6o 3 - - 4 18 5 19 o - 20 7 21 8 22 9 23 1 24 ONANCOCK Town of Onancock ACCOMMODATIONS PROVIDER ANNUAL 757-787-3363 amanaengeamsaacon ATTESTATION 1680 Name of Accommodations: Provider (Host): Telephone: Email: SECTION 1 Business Structure: Sole Proprietorship Business License Account Number (if known) Partnership Business Legal Name Limited Liability Company (LLC) Corporation Trade Name Other EIN or SSN Business Start Date in the Town Accommodation Address Mailing Address (if different) List all rental platforms (online or otherwise) on which you advertise this property (AirBnB, Expedia, VRBO, Booking, Virginia Guesthouses, etc.): Will all rentals be booked SOLELY through an accommodation's intermediary? (See the reverse of this form for the Code of Virginia's definition of accommodations intermediary.) YES - Complete SECTION 2 NO - Complete SECTION 3 SECTION 2 Ihereby attest and affirm the following: For the next twelve months, accommodations provided by me at the property indicated above will be facilitated by an accommodation intermediary, as defined in S 58.1-3818.8 and S 58.1-3602 of the Code of Virginia. As such, I am not required to file a monthly transient occupancy tax report with the Town Manager. Iti is my responsibility to file this attestation with the Town Manager annually by April 30 or on the first business day of May (if May 1 falls on a weekend or holiday). It is my responsibility to secure an annual business license and file and pay tangible business personal property tax on furnishings and fixtures located in the rental property. Signature of Accommodations Provider Print Date SECTION 3 acknowledge that I am required to file a monthly report with the Town Manager detailing all transient occupancy taxes collected by me or on my behalf for accommodations at the above-indicated property. For any and all accommodations NOT facilitated by an accommodations intermediary, I am responsible for collecting, reporting and remitting transient occupancy tax to the Town of Onancock per Article IV (Sec. 16-73 et seq) of the Onancock Town Code. I understand that the failure to collect, file, and remit in such an instance would be subject to criminal penalties. Itis my responsibility to secure an annual business license, Special Use permit (where applicable), and pay tangible business personal property tax on furnishings and fixtures located in the rental property. Signature of Accommodations: Provider (Host) Print Date 25 Who will be responsible for filing and payment of monthly transient occupancy tax remittances (if someone other than the accommodations provider)? Name of Responsible Party Telephone: Email: Accommodations intermediary" means any person other than an accommodations provider that (i) facilitates the sale of an accommodation and (i) either (a) charges a room charge to the customer, and charges an accommodations: fee to the customer, which fee it retains as compensation for facilitating the sale; (b) collects a room charge from the customer; or (c) charges a fee, other than an accommodations fee, to the customer, which fee it retains as compensation for facilitating the sale. For this definition, "facilitates the sale" includes brokering, coordinating, or arranging in any other way for the purchase of the right to use accommodations via a transaction directly, including via one or more payment processors, between a customer and an accommodations provider. Accommodations intermediary" does not include a person: 1. Ift the accommodations are provided by an accommodation provider operating under a trademark, trade name, or service mark belonging to such person. 2. Who facilitates the sale of an accommodation if (i) the price paid by the customer to such person is equal to the price paid by such person to the accommodations provider for the use of the accommodations and (ii) the only compensation received by such person for facilitating the sale of the accommodation is a commission paid from the accommodation's provider to such person; or 3. Who is licensed as a real estate licensee under Article 1 (S 54. 1-2100 et seq.) of Chapter 21 of Title 54.1, when acting within the scope of such license? Accommodations provider" means any person who furnishes accommodations to the public for a fee or other compensation. The term 'furnishes" includes the sale, use, or possession, or the sale of the right to use or possess. 26 CODE Chapter 30 TAXATION ARTICLE IX. TRANSIENT OCCUPANCY TAX ARTICLE IX. TRANSIENT OCCUPANCY TAX Sec. 30-251. Violations of the article. Any person violating or failing to comply with any of the provisions of this article shall be guilty of a Class 3 misdemeanor. Conviction of such violation shall not relieve any person from the payment, collection, or remittance of the tax provided for in this article. (Code 1976, 5 10-69; Ord. No. 0-21-138, 10-4- 21; Ord. No. 0-22-136, S 1, 10-27-22) Cross referencels)-Penaly for Class 3 misdemeanor, S 1-11. Sec. 30-252. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: "Accommodations " shall mean, any room or space for which taxi is imposed on the retail sale pursuant to this Chapter and includes buti is not limited to, any public or private hotel, inn, apartment hostelry, tourist home or house.motel, rooming house, or other lodging place within the town of Staunton offering lodging, and the owner and operator thereof,. who for compensation. furnishes lodging to aoy transients as hereinafter defined. "Accommodations: fee" shall mean the room charge less than the discount room charge, if any; provided, the accommodations fee shall not be less than $0.00. "Accommodations intermediary" shall mean any person other than an accommodations provider that ( facilitates the sale of an accommodation and () either (a) charges a room charge to the customer, and charges an accommodations fee to the customer, which fee it retains as compensation forf facilitating the sale; (b) collects ar room charge from the customer:or (cicharges a fee, other than an accommodationsi fee, toi the customer, whichf feei itr retains as compensation for facilitating the sale. For purposes of this definition, "facilitates the sale" includes brokering, coordinating, or in any other way arranging for the purchase of the right to use accommodations via a transaction directly, including via one or more payment processors, between a customer and an accommodations provider. "Accommodationsl intermediary" does not include a person: I. If the accommodations are provided by an accommodations provider operating under a trademark, trade name, or service mark belonging to such person; 'Cross reference(s)-1 The CammseMwoDmaDusET ofrevenuete-beis the administrator of tax imposed by this article, 511-371%. Charlottesville, Virginia, Code of Ordinances Created: 2025-84-25 11:21:06 [EST] (Supp. No. 61, Update 2) Page 1 of 8 27 2. Who facilitatesi the sale of an accommodation if() the price paid byt the customer to such person is equal to the price paid by such person to the accommodations provider for the use of the accommodations and (ii) the only compensationrereived by such person for facilitating the sale of the accommodation is a commission paid from the accommodations provider to such person: or 3. Who is licensed as a real estate licensee pursuant to Article 1(S 54.1-2100 et seq.) of Chapter 21 of Title 54.1, when acting within the scope of such license. "Accommodations provider" shall meanany person who furnishes accommodations to the general public for compensation. The term "furnishes" includes the sale, use.or possession. or the sale of the right to use or possess. "Town manager" shall mean the town manager of Onancock. Virginia, or any duly authorized deputies or agents. "Person" shall mean, but is not limited to, individuals, firms, partnerships, associations. corporations. persons acting in representative capacity, and combinations of individuals of whatever formand character. "Retail sale" shall mean the sale or charges for any room or rooms, lodgings, or accommodations furnished to transients for less than 90 continuous days by any hotel, motel, inn, tourist camp, tourist cabin, camping grounds, club, or any other place in which rooms, lodging, space, or accommodations are regulariy furnished to transients for a consideration. "Room charge" shall mean the full retail price charged to the transient for the use of the accommodations. before taxes. "Room charge" includes any fee charged to the customer and retained as compensation for facilitating the sale, whether described as an accommodations fee, facilitation fee, or any other name. Any additional charges made in connection with the rental of accommodations are deemed to be a part of the charge for the room and are subiect to the tax. For example, additional charges for movies, local telephone calls and similar services are subject to the tax. "Transient" shall mean any person who, for any period of fewer than 30 consecutive days, either at his own expense or at the expense of another, obtains the use or possession of a room or space occupied for lodging in any accommodations as hereinabove defined, for which lodging or use of space a price is charged. Treasurer" shall mean the treasurer of the town of insert, Virginia, or any of his authorized deputies or agents. helolswinewerdytermsamdphases, when-usedin-thisaieleshalthavethemesmingsasesaseribedtethem hisetiem,eeePeesontedurindeesa-diferemtmesnine: Accommedetion-menSaRYPMBEOorPrwate-hotel-ia,hestelnyshoreeMameNelorroomine: boardingorlodginghoEHOUeMIMAeesyownellenglo4geinadinshssetlon-oremPensasiompteany tansientas-delined-inshissestien: 28 PseOuREeePtherge-meamsthethelulameuntchorgedbytheledelodgingprovidertotheledgingintermedhary,er aeeree-wlaEe Hote-meansanystwvelreorgrowpelreHPFeNsere-Nrethtspimayeptised,maintiained, dvertised,orheldwttothepublcasopiscewhewhereseep-ngsesemmedatomsare-cleredtelransientsin-Fetur fercempensation. edg-gmegAStheRe-em-OHOOOPleanyiamsentercompensato,namaceommedation-as definedinthi-sestiele-yalaeePrevidererledging ntermediaroHestpanyetachehoomorspscely such-transient tedgingee-meanSthereemchargelessthediseountroomcharge,fanv-Providedthathelesgingfee-sha" metbeless-thamsere-delas-50.09: todyingintermedionypersonterhamsiaEsgingprewidertht B-Foeltesthesaleofansctemmedationand (2) Either: - Charges-a-oomchorgetothecustome,andehargesalodginglee-tethecustomef,which-feeit elainsascompensationforiacltattingthesalerer b: alReasedgelauemeeN Chargesaee,etherthama-edensglee,te-thecustomef,whichfeeitrelainsaster-fer faeilitatingthe-sale OrPrPeseseHSdelaabn-Ste-these-neteaardinating-eFinany HherwayaaneinglerhepuRMedHs e commedationsviasviaa-ransacetion eetwinddigwseyormores psymentprosessersetwenstusemerandaledging Previder-lheterm-odgngintermesisy-doesmetincludes-persent 1. Whoprovides-lodgingwhieoperatinunderatrademark,trade-rameserservice-mark belsmgngleswehpetsen: Whe-selstesthesaleofledging nepikepsetyhecse erte-such-persen-s-equa-e-tneprieepad-by-sueh perser-te-the-ledgingprovidertortheuse-ofthelodgingr-ond the-onlycompensatien-reselvedbysuehpersen-OF9GHBHiREthesaleefthe odeingisa-commissmpaitomthelodengprowideriesuchpersen: 3. WhoislkensedasereslesstecenseepwsuanteViwphisCaeaae1-5541-2100 etseg-elChapterA1eFTHeS41WReRaeinEwiHheseepeeisweh-license: ledgingprevidermesanypetsentNvmhesassommedlionstethegenematpuhiefercompensation: etem-ehernatw--eaereMotywww Reemchargemesns-the-ulretaly Pricecnarged-teetFansenHeFRewSeOFRe-aEeemmedtIOR-Reem afge-neldes-any-eecnagedte-thee Momeranerelanes aseemmpensationeHSREHNesale-whether desetbedasaledgineisaatonlee,oranyothes ame-AySeHGRaH hargesmadein.cennestion-with-the eAtareFaecommedatens-ared emedtobeopartehechmgelshersomamdsresssubyecte-thetsk-for CMamPie,aSBeaeNargeslormove, parking-lecaHtelephephonesalsamdsmseMsesareswbjectetheta: Fellehargerferiong-dslanceieephome-allaremotsaljectHe-thetaw: Created: 2025-04-25 11:21:06 [EST] (Supp. No. 61, Update 2) Page 3 of 8 29 ShortHermenteimenswyhane-wawwkaiNeseauiNgihesamemaline déres,thotisused,orkimendedtosevsdasereesrhomelerenereneermerepersensawlable-ler mererheletan. ronsientmeansonypesenwha,toraperodoleweweHhsm-h-yB0kenseeulvedayyelNown ewpense-orattheewpensestameinepebiainsiedeinglerwhichadhargelsmadeateatonaccommodatiedation,as-delined in-this-seetion C0de-1976,410-69,97244Hd-No.021-188,1042100rd-No-0-4-196,41,10-27 22 Cressrelereneel-Peiatensamdresdconswtongemeraly41 Sec. 30-253. Levied. In addition to all other taxes of every kind now or hereafter imposed by law, there is hereby imposed and levied, to fund the general operation of the town government, a tax equivalent to five and one-half percent of the total room charge paid by the transient for the use or possession of a room or space occupied for lodging by or for anys such transient to any accommodations. hereis-herebyimposeameeuPoeveViansensientobisnngisEnEMAMNesyOtown-im-adekion ealiotheriswesandsamdiesokewey.ladnowimpsastylawaienseiePpeseteentehetotalsoom charge-paidHertheeodengbythetrmsenekeronthetensients-behalt, Cede1976,410-6519944*:4141949:41:41216,41-#71164119040k#7-1-19,01d-No.0- 1138,10-421,0:4-M0:022-13644,1027-22006-Ne-0-4057,4015-6-24, Siotelow-relerenselAvtnontyokalvowp*eimpsetsHoAamseNtreeN/CedeslVipinia,$58. 3819. Sec. 30-254. Exemptions. No tax shall be payable hereunder on room charges paid to any hospital, medical clinic, convalescent home,or home for the aged. Also,no tax shall be paid on space rental for any travelcampground. Neohalepytleundersoaides on-anycharge-lerlsdggama4GreeFteeatmmentipany hospitaymedieaktinMgOrsONvhomeeendHhMelsaHASAsteNlumorsaniterium, homeferheaged,inphama,eddhabie,eralhe-elsallyeinanydermerathaHermisdelined dhapi4-etonat0m3#12990H-Case. Code1976,41064:616-14,0d-21-138,10421,06-Ne-022-136,41,10-27-22,0d-Ne.0-23-082,6 5-23) Sec. 30-255. Collection. (I)(a) For any retail sale of accommodations not facilitated by an accommodations intermediary, the accommodations provider shall collect the tax imposed pursuant to this chapter, computed on the total price paid for the use or possession of the accommodations, and shall remit the same to the town and shall be liable for the same. Created: 2025-04-25 11:21:06 [EST] (Supp. No. 61, Update 2) Page 4 of 8 30 (2) For any retail sale of accommodations facilitated by an accommodations intermediary, the accommodations intermediary shall be deemed under this chapter as a facility making a retail sale of an accommodation. The accommodations intermediary shall collect the tax imposed pursuant to this chapter, computed on the room charge and shall remit the same to the Town and shall be liable for the same. (3) For any transaction for the retail sale of accommodations involving two or more parties that meet the definition of accommodations intermediary, nothing in this section shall prohibit such parties from making an agreement regarding which party shall be responsible for collecting and remitting the tax, sO long as the party SO responsible is registered as a dealer with the locality. In such event, the party agreeing to collect and remit the tax shall be the sole partyliable for the tax, and the other parties to such agreement shall not be liable for such tax. (4) For any retail sale of accommodations facilitated by an accommodations intermediary, nothing herein shall relieve the accommodations provider from liability for retail sales and use taxes on any amounts charged directly to the customer by the accommodations provider that are not collected by the accommodations intermediary. (5) In any retail sale of any accommodations in which an accommodations intermediary does not facilitate the sale of the accommodations. the accommodations provider shall separately state the amount of the tax in the bill, invoice, or similar documentation and shall add the tax to the total price paid for the use or possession of the accommodations. In any retail sale of anya accommodations in which an accommodations intermediary facilitates the sale of the accommodation, the accommodations intermediary shall separately state the amount of the tax on the bill, invoice, or similar documentation and shall add the tax to the room charge; thereafter, such tax shall be a debt from the customer to the accommodations intermediary, recoverable at law in the same manner as other debts. All taxes collected pursuant to this chapter are deemed in be held in trust for the town. eramyaieeneHsNwmwtlerteia-lwisepuswant atisaridelomtelnawwmiheeyumpwnelerhelre-te--ahpeymentforihe ledging'smade,compueSomRe9talpikepsidtorineuseorposesionafhelaeine-ond-shallemit ReSametethecVIONivowpans-hBelsblelorthesame. Foranylodginglacisestyaloengintermeda-heloeenginermediryshalhedeeemedto-have-made aretalisale-eltheledgngandrespomsilieersallestingthetsrleMederthe-adeingem-thetronsientor the-persenpayinglorthelodeing-aHhe-time-thatpaymentfert telsdeesmse.empueenhercom chargeandshalremtesmeleeswpamdasseisablelerthesame: fe) foranytransactionierneresisaleofattemmostiensweweormoreparteesthatmeetthe dehinitonoflodeingineitetateestom-mahingan agreementregardinApayshshsserespensielerolectingondremitingthetow,selongasthe parlyse-respensieisregisteredasedealerwiheloeiy-lasucheventtheparlyagreeingte-collestand Created: 2025-04-25 11:21:06 [EST) (Supp. No. 61, Update 2) Page 5 of 8 31 remitthetaishalibethesaleparyiabielerhetoyandheotherpartiestesuchagrementshallmetbe Hable-fersuch-taw Feranyretallsaleollodgings fsclotebyaledeinde-cneredsrnwg previderfrom-iabillorretsislesonduselsesonamanyamewnischargeediresyleiheustomerby-the odgingproviderthatarenorcellectectesibyheodgnngintermediant (el -any-retairsaleerany1048ICH haHodgingintermessnydeesmetseeeFthelodging-the odgimEprowisershaseparsiesiate RPAMOVREOHRER thebi, invoicerer-simiardecumentation andshaladethetareHheots-pepaiderthewseer: possessieneHthele10EnG-Ranyretailsaleeany odgingin-whicha-eingintermedsyseHesthesaleeHhelsdene-helsgineintermediaryshal separatelystotetheooREGHReLeNilyinveke, eF-similardeeumentation-and-shaade-thetaw-te herpomchgetherereaaesdebtom:w MecusemertelneleelodeneisemedanA recoverableaHawinsamemsanerraS-etherdebis. hetewesellestedbyanypesonshalbedemedetehensterhesvowpWyiheperson-requiredte OHeEHheM,RAe/hsvebenrePemeHetheeOWDEPeMedn-hisaricle: C04e1976,5106,0m-N003118.041:0Aa.022136,41,102729) Siotelswrelereneelee-sopechmsentis.CAdedlVgnia,#58.13826. Sec. 30-256. Reports and remittances generally. (1)The person collecting any such tax shall make out a report upon such forms and setting forth such information as the town manager of the revenue may prescribe and require, showing the total room charge paid by the customer for the use or possession of a room or space occupied for lodging by or for a transient and the tax required to be collected. The report shall be submitted to the town manager of the revenue. 2) The town manager of the revenue shall determine whether the report is in proper form and upon such determination shall cause a copy to be delivered to the treasurer. (3)1 The person collectinga any such tax shall remit the taxt to the treasurer. (4)Said reports and remittances shall be made on or before the twentieth day of the month following each month and covering the amount of tax collected during the preceding month. (5)An accommodations intermediary shall submit to the Town manager of the Revenue the property addresses and gross receipts for all accommodations facilitated by the accommodations intermediary in the Town. Such information shail be submitted monthly. (6)An accommodations provider shall not be required to submit a report to the Town manager of the Revenue if () all retail sales of accommodations owned by the accommodations provider are facilitated by an accommodations intermediary: and (i the accommodations provider attests to the locality that all such sales are facilitated by an accommodations intermediary. Such attestation shall be effective for 12 months beginning with Created: 2025-84-25 11:21:06 (EST) (Supp. No. 61, Update 2) Page 6 of 8 32 the month in which the attestation is made. Thereafter, such attestation shall be due annually on a date determined by the Town manager of the Revenue, on suchforms and in such manner as the Town manager of the Revenue mays prescribe and require. However, such an accommodation provider shall make out and submit a report in accordance with this subsection for the retail sale of any accommodations not facilitated by an accommodation intermediaryand shall remit such tax as otherwise required by this article. Everypesonsale-tnesAAsNImsewarpAtswehomsand settingforthsuehiniemaeAstesecemmisienewtown. managereFtherevereveseePeseribeandrequire, showingthe-totaeemchargepaldbythecustememerandtheamowmOUREOHONreRedte-becolectes-thereom,and shaldeliverthesameeRecOmiSSienerIown! manager-tegetheFwAha-einseolsuchtawmade.payablete hecylown-tressureapesRnevangs-odgnginteedsyseletineisestexerombehafet, muliple-aecommeaemSAthereperepeihalasebesufigentteidentiyhetelakchargesandiaowedonledging ateschindividualassemmesdatiempineludingtheseacemmedalion'saedress-Suehreperisandremitances-shal-be modeomorbeloreth-wentethaesehmeMytvene3mOUREGHEHDKceHee-VRecedineg month-todgingprowidersshalbeqeHeHe-mmonthyrepertse-comamsionertown. manager-eve-in heeventno-towisdveamdregadesetherihyeysellectedtheiawerwasdemeen-theirhehalllya ledgingintermediaryrAlemismseseeeeMedundeFNSHidebytheesemmisionertownmanager-halbe prompiiyivneoverte-heiressurer Cede1976,410-62,4-10124 4 eff. 113,0Fd-Ne.0.0-21138,104 21,0d-No.0-22-136,41,10-27 23 Sec. 30-257. Collector's records. It shall be the duty of every lodging provider or lodging intermediary liable for taxes under this article or for the collection and remittance of any tax imposed by this article, to keep and preserve for the current year and the three (3) prior years such suitable records as may be necessary to determine the amounts paid for lodging, and tax thereon for which that lodging provider or lodging intermediary may have been responsible for collecting and paying to the eitytown. Lodging providers who have the taxes owed on their accommodation collected by a third partyswehasoioseingintemmeslow.such. as oldyingintermedlan. are also obligated to keep records under this section on the amounts that were collected on their behalf by said third party. All records kept under this section should be sufficient to identify each individual accommodation for which the lodging charges were collected, and the tax owed for transient stays at that accommodation, including the accommodation's address. The commisionertown. manager of the revenue shall have the right to inspect all such records at any reasonable time. (Code 1976, $ 10-65; 9-7-21(1), $ 2; Ord. No. 0-21-138, 10-4-21; Ord. No. 0-22-136, $ 1, 10-27-22) Sec. 30-258. Duty of collector going out of business. Whenever any person required to collect and remit to the citytown any tax imposed by this article shall cease to operate or otherwise dispose of their business, such tax shall immediately become due and payable, and such person shall forthwith make a report and remittance thereof. (Code 1976, $ 10-66; 9-7-21(1), 5 2; Ord. No. 0-21-138, 10-4-21; Ord. No. 0-22-136, $ 1, 10-27-22) Sec. 30-259. Penalty for late remittance. Ifa any person, whose duty it is to do sO, shall fail or refuse to make a report and remit the tax as required by this article within the time and in the amount required, there shall be added to such tax by the cemmissienertown manager of the revenue a penalty in the amount effive (5of 10 (ten) percent of such tax, or a minimum of two dollars ($2.00), if such failure is for not more than thirty (30) days in duration. Created: 2025-04-25 11:21:06 (EST] (Supp. No. 61, Update 2) Page 7 of 8 33 (Code 1976, 5 10-63; 11-7-05(1), $ 5; Ord. No. 0-21-138, 10-4-21; Ord. No. 0-22-136, S 1, 10-27-22) Sec. 30-260. Procedure upon failure to collect, report, etc. (a) Ifa any person, whose duty it is to do sO, shall fail or refuse to collect the tax imposed under this article and make timely report and remittance thereof, the commisionertown: manager of the revenue shall proceed in such manner as is practicable to obtain facts and information on which to base an estimate of the tax due. As soon as the commisionertownt manager has procured such facts and information as may be obtainable, upon which to base the assessment of any tax payable by any person who has failed to collect, report or remit such tax, the commissionertown manager shall proceed to determine and assess against such person the tax, penalty and interest provided in this article, and shall notify such person by certified or registered mail sent to their last known address, of the amount of such tax, penalty and interest, and the total amount thereof shall be payable within ten (10) days from the date such notice is sent. (b) It shall be the duty of the e9isionetown! manager of the revenue to ascertain the name of every lodging provider and lodging intermediary providing lodging in the eitytown, liable for the collection of the tax imposed by this article, who fails, refuses or neglects to collect such tax or to make the reports and remittances required by this article. The commissionertown. manager may have issued a summons for such person, which summons may be served upon such person by any eitytown police officer in the manner provided by law, and one (1) return of the original thereof shall be made to the general district court for the citytown. (Code 1976, S5 10-64, 10-68; 9-7-21(1), S 2; Ord. No. 0-21-138, 10-4-21; Ord. No. 0-22-136, S 1, 10-27-22) Sec. 30-261. Reserved. Editor's note(s)-An ordinance adopted Nov. 15, 2004, 5 6, repealed S 30-261, which pertained to application of correction. See also the Code Comparative Table. Secs. 30-262--30-280. Reserved. Created: 2025-84-25 11:21:06 (EST) (Supp. No. 61, Update 2) Page 8 of 8 34 PART II CODE OF ORDINANCES Chapter 16 FINANCE AND TAXATION ARTICLE IX. MEAL TAX ARTICLE IX. MEAL TAXI Sec. 16-340. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Caterer means a person who furnishes meals on the premises of another for compensation. Collector means the town manager of the town. Meal means any prepared food and drink, including alcoholic beverages, offered or held out for sale by a restaurant or caterer. orthepurposeokbeofheingonsmabyanindwaastorgoupolindwaalsatonetimete altisy-theappete: All such food and drink shall be included, whether intended to be consumed on the seller's emiseserelkewherere-Aelherdssgnseds:brsbanadeaer-pPerO-bysomegIeanamepand-wihou egardiothemsnner.timepremises or elsewhere, whether designated as breakfast, lunch.dinner, supper or by some other name, and without regard to the manner time, or place of service. The term "meal" does not include groceries, dadhwewSad beverages cthoshvemdnsmaine. and alcoholic beverages sold in sealed containers for off- premises consumption. Purchaser means any person who purchases a meal. Restaurant means any place or thing in the town from which or in which meals are sold, including, but not limited to, places of business known as bars, cafes, cafeterias, coffee shops, bakeries, clubs, delicatessens, diners, dining rooms, eateries, grills, lunch counters, restaurants, snack bars, grocery stores and convenience stores. The term 'restaurant" also includes push carts or other mobile facilities from which meals are sold or furnished. The term restaurant" does not include vending machines. Seller means any person who sells a meal and any caterer. (Code 1989, S 9-41(2)) Sec. 16-341. Regulations for administration and enforcement of article. The town manager may issue regulations and forms for the administration and enforcement of this article. (Code 1989, 5 9-42(2)) Sec. 16-342. Tax levied; amount. In addition to all other taxes and fees of any kind imposed by law, an excise tax is hereby levied and imposed on the purchaser of every meal served, sold, or delivered in the town by a restaurant or caterer. The rate of this tax shall be five and one-half percent of the amount paid for the meal. There shall be no tax if the total amount paid is $0.50 or less. On larger amounts, a fractional çsent of tax due shall be rounded up to the next highest cent. iState law eferencel)-Munidpal excise tax on meals, Code of Virginia, 55 58.1-3700, 58.1-3833, 58.1-3840 et seq. Onancock, Virginia, Code of Ordinances Created: 2025 04- 08 13:33:02 [EST) (Supp. No.7 7) Page 1 of 5 35 (Code 1989, 5 9-43(2)) State law referencelg)-Authonty to adopt this tax, Code of Virginia, 5 58.1-3840, Sec. 16-343. Exemptions. The following classes of transactions involving meals shall not be subject to tax under this article: (1) Food and beverages sold through vending machines. (2) Factory-prepackaged candy, gum, nuts and other items of essentially the same nature. (3) Food sold in-bulkfor wholesale. For the purpose of this subsection, the term "bulk-wholesale" means the sale of anyi item that woul-eweeedthemorma,customaryand-usua PeeIcronpnse censumpHonfes-wholesahe,sealeon-ice-cresmhs to be resold. The term bulk-wholesale" does not include any food or beverage that-is-catered or delivered by a food establishment for off-premises consumption. (4) Meals furnished by a blind person operating a vending stand or other business enterprise under the jurisdiction of the department Department of the visually handicapped and located on property acquired and used by the United States for any military or naval purpose. (5) Alcoholic and non-alcoholic beverages sold in factory-sealed containers. (6) Any food or food product purchased with food coupons issued by the United States Department of Agriculture under the food stamp program or drafts issued through the state special supplemental food program for women, infants, and children. (7) A grocery store, supermarket, or convenience store,or bakery shall not be subject to the tax except for any portion or section therein designated as a delicatessen or designated or actually-used for the sale of prepared food and beverages le.g. a whole cake,or a gallon ofice cream). (8) Food and beverages furnished by food establishments to employees as Pitelhercompensation when no charge is made to the employee. (9) Food or beverages sold by day care centers, public or private elementary or secondary schools or food sold by any college or university to its students or employees. (10) Food and beverages for use or consumption an-wcharepaidiordredybyinesiate,anypolteal MMendeAkEhat are paid for directly byt the state, any political subdivision of the state, or the United States. (11) Food and beverages furnished by a hospital, medical clinic, convalescent home, nursing homes, home for the aged, infirm, handicapped, battered women, narcotic addicts or alcoholics, or other extended care facility to patients or residents thereof. (12) Food and beverages furnished by a public or private local nonprofit charitable organization or establishmentorbyoprhateesabishenEAECONRSSEWiAheSpproprioteageneyencyofthestatete ermsisatconesesanaprsesoderriale-blas,0r bya private establishment that contracts witht the appropriate agencyofthe: state to offer meals at concession prices to elderly, infirm, blind, or needy persons in their homes or at central locations. (13) Food or beverages sold on 08easi9na-BaS6-byaoeHRoRPdNeswNoA/thaeerbenevelent orgaminaten-churehan occasional basis, byal local nonprofit education, charitable, or benevolent organization.church, or religious body as a fundraising activity, the gross proceeds of which are to be used by such organization exclusively for nonprofit educational, charitable, or religious purposes. (14) Any exemption required by Code of Virginia, $ 58.1-3840. Created: 2025-84-08 13:33:01 (EST) (Supp. No. 7) Page 2 of 5 36o (Code 1989, S 9-44(2)) State law elereneety-taempton, Code of Virginia, S 58.1-3840. Sec. 16-344. Application of tax to tips and service charges. No tax levied by the provisions of this article shall be imposed upon: (1) That portion of the amount paid by the purchaser as a discretionary gratuity in addition to the sales price of the meal; or (2) That portion of the amount paid by the purchaser as a mandatory gratuity or service charge added by the restaurant in addition to the sales price of the meal, but only to the extent that such mandatory gratuity or service charge does not exceed 20 percent of the sales price. (Code 1989, 5 9-45(2)) State law eferencels)-Gratulty exception, Code of Virginia, S 58.1- 3840. Sec. 16-345. Payment and collection of tax. (a) In every case, the tax levied by this article shall be collected by the seller and paid by the purchaser at the time the charge for the meal becomes due and payable, whether payment is to be made in cash or on credit bymeans-ofusing a credit card or otherwise. The seller shall add the tax to the amount charged for the meal and shall-pay thei tax collected to the town as provided in this article. (b) All amounts collected as taxes under this article shall be deemed to be held in trust by the seller collecting them for the benefit of the town until remitted to the town as provided in this article. (Code 1989, $ 9-46) Sec. 16-346. Registration of sellers; reports and remittances of tax. The town manager may require all prospective sellers of meals licensed to do business in the town to register for the collection oft the tax imposed by this article. Every seller shall make a report to the town for each calendar month, showing the amount of charges collected for meals and the amount of tax required to be collected. The monthly reports shall be made on forms prescribed by the town manager and Shal-be-signed by the seller. Such reports shall be delivered to the town manager on or before the 20th day; ormalledandpostmatesenthe29HA day, of the calendar month following the month being reported. Each report shall be accompanied by a remittance of the amount of the tax due, made payable to the town. Payments not received by the town by the 20th of the subsequent month are subiect to a 10%p penalty and a loss of any commission allowed byt the Town. (Code 1989, 5 9-47) Sec. 16-347. Compensation for collection. For the purpose of compensating sellers for the collection of the tax imposed by this article, every seller shall be allowed five percent of the amount of the tax dueas a commission and accounted for in the form of a deduction on the seller's monthly meals tax return, provided that the amount dueowingis not delinquent at the time of payment. No such deduction shall be allowed for any month for which payment is past due or any subsequent month while any prior month's tax remains delinquent. (Code 1989, $ 9-48) Created: 2025-84-08 13:33:01 [EST] (Supp. No. 7) Page 3 of 5 37 Sec. 16-348. Seller's records. It shall be the duty of every seller liable for collection and remittance of the taxes imposed by this article to preserve for aperiedeftwo years records showing all purchases taxable under this article, the amount charged to the purchaser for each such purchase, the sate thereof, the taxes collected thereon and the amount of the tax requirement to be collected pursuant to this article. The town manager shall have the power to examine and copy such records at reasonable times and without unreasonable interference with the business of such seller forthe pdssaawegePOeSONSSHNSRO administer. and enforce this article's provisions. (Code 1989, S 9-49) Sec. 16-349. Duty of the seller going out of business. Whenever any person required to collect and remit to the town any tax imposed by this article shall cease to operate or otherwise dispose ofi its business, any unpaid tax shall immediately become due and payable, and such person shall immediately make a report of the taxes due and shall remit such taxes to the town. (Code 1989, 5 9-50) Sec. 16-350. Penalty and interest for late remittance; violation of the article. (a) If any person whose duty it is to collect and remit taxes hereunder shall fail or refuse to make the reports or remit thet taxes required by this article within the time and in the amount requirednecessary, there shall be added to the tax by the town manager a penalty in the amount of ten percent of the tax, as well as interest on the delinquent amount at the rate of ten percent per annum, which interest shall be computed on the tax and penalty from the date on which they were due and payable. (b) Any person violating or failing to comply with any of the provisions of this article shall be guilty of a Class 3 misdemeanor. Conviction shall not relieve any person from the payment, collection, or remittance of the tax or any penalty and interest as provided in this article. Each violation or failure shall constitute a separate offense. (Code 1989, $ 9-51) Sec. 16-351. Procedure upon failure to collect, report, etc. (a) If any person whose duty it is to do 5o shall fail or refuse to collect the tax imposed under this article and make timely report and remittance thereof, the town manager shall proceed in such a manner as is practicable to obtain facts and information on which to base as estimate of the tax due. As soon as the town manager has procured whatever facts and information may be obtainable upon which the base the assessment of the tax payable by a person who has failed to collect, report or remit such tax, the town manager shall proceed to determine and assess against such person the tax, penalty and interest provided in this article and shall notify the person by registered mail sent to his last known address of the amount of such tax, penalty and interest. The total amount thereof shall be payable within ten days after the date such notice was sent. (b) It shall be the duty of the town manager to ascertain the name of every seller in the town liable for the collection ofthe tax imposed by this article who fails, refuses or neglects to collect such tax and to make the reports and remittances required by this article. The town manager may seek a criminal conviction and/or civil remedy, including injunction, against such person. Created: 2025- 04- 08 13:33:01 (EST) (Supp. No. 7) Page 4 of 5 38 (c) If the purchaser of any meal refuses to pay the tax imposed by this article, the seller may call upon any properly authorized person or officer for assistance, and the investigating officer may, when probable cause exists, issue the purchaser a summons returnable to the county general district court as provided by law. (Code 1989, 5 9-52) Sec. 16-352. Advertising payment or absorption of tax is prohibited. No seller shall advertise or hold out to the public in any manner, directly to indirectly, that all or any part of the tax imposed by this article will be paid or absorbed by the seller or anyone else, or that the seller or anyone else will relieve any purchaser of the payment of all and any portion of the of the tax. (Code 1989, S 9-53) Secs. 16-353--16-377. Reserved. Created: 2025-84-08 13:33:02 EEST) (Supp. No. 7) Page 5 of 5 39 ONANCOCK 1630 VIRGINIA'S EASTERN SHORE Town Council: Lisa Fiege, Omar Grubb, Cynthia Holdren, Joy Marino, Sarah Nock Mayor: Fletcher Fosque / Town Manager: Matt Spuck Date: June 23, 2025 To: Onancock Town Council From: Matt Spuck, Town Manager Re: Highway Safety Grant The town has received a grant from the Department of Motor Vehicles for many years, which we refer to as the "Highway Safety Grant." n The purpose of this grant is to reimburse local law enforcement agencies that support the overall goals of the State Highway Safety Plan. The grant's goals include reducing unrestrained passenger fatalities, reducing speed-related fatalities, and can consist of DUI checkpoints on specific days, and participating in the "click-it-or- ticket." The grant reimburses for overtime pay when the hours worked align with these stated goals. DMV states, "This process ensures that funds are allocated appropriately and that agencies are compensated for the overtime costs associated with these targeted enforcement efforts. I have attached the Statement of Work fori the grant for your reference (page 2, #2 shares the program goals)." The Police are a department of the town and follow the town's employment policies. On July 24, 2023, the town council adopted the following overtime policy for the police (copy included): "The Police Department will be paid at the rate of time and a half for hours worked above eighty (80) hours in the same bi-weekly pay cycle. Unless authorized to do SO beforehand, employees should not work over eighty (80) hours during a bi-weekly pay period." According to Dwight Jenkins, DMV Grant Program Manager, "Onancock Town needs to follow their written policy for overtime and provide proof of payment to support the request for reimbursement applied to DMV grant project(s)." On July 1, 2022, Onancock Police Chief Williams provided the Onancock Police Department with General Order Policy number 7.4, "Traffic Enforcement Over- time," effective January 1, 2021, which outlines the guidelines for actions and compensation. have attached a copy of Police Policy Number 7.4, Traffic Enforcement Overtime. This policy references the word "overtime" four times. 15 North Street I Onancock, Virginia 23417 - 757.787.3363 - onancock.com - 0 What the Chief is looking to do is use the DMV reimbursement for hours worked under eighty. This would pay time and a half for straight-time hours. The Town follows FLSA (Fair Labor Standards Act) for overtime compensation. The FLSA requires time-and-a-halr pay for hours over 40 in a week. It allows you to pay overtime for hours under 40 if you choose. Examples of organizations that pay overtime (O.T.) under 40 hours include a bonus, a shift, or a day differential (such as time and a half on Sundays, for example). Looking online (and putting this in front of our attorney), paying an overtime rate for straight-time hours may become an enforceable, binding contract, depending on how it is written. - believe that if we seek reimbursement of time-and-a-half wages when we have not met our own overtime policy criteria, we expose the town to DMV for past dollars and risk future grants. We are looking for clarity from the Town Council. Do you want to change the number of hours at which the police officers qualify for overtime? Do you want to leave the policy as it is and require grant hours to be worked after the officer has worked 80 hours? Both options qualify for reimbursement. Page 2 of 2 - TSS 012H-PT (07/01/2024) Page 3 Subrecipient Name: Project #: STATEMENT OF WORK AND SPECIAL CONDITIONS 1. Goals and Specific Program Elements. The goals and specific program elements of the subrecipient's proposal are incorporated as the first item in this Statement of Work and Special Conditions. a. List Specific Program Elements: For October 1, 2024 through December 31, 2024 Estimated number of overtime hours to be used Estimated number of checkpoints Estimated number of saturation/individual patrols Estimated number of community/public engagement hours (requires approved CE budget line) For January 1, 2025 through March 31, 2025 Estimated number of overtime hours to be used Estimated number of checkpoints Estimated number of saturation/individual patrols Estimated number of community/public engagement hours (requires approved CE budget line) For April 1, 2025 through June 30, 2025 Estimated number of overtime hours to be used Estimated number of checkpoints Estimated number of saturation/individual patrols Estimated number of community/public engagement hours (requires approved CE budget line) For July 1, 2025 through September 30, 2025 Estimated number of overtime hours to be used Estimated number of checkpoints Estimated number of saturation/ndividual patrols Estimated number of community/public engagement hours (requires approved CE budget line) b. To conduct a minimum of checkpoints and/or saturation/individual patrols during each of the mandatory national Click It or Ticket Campaign period in November 2024 and May 2025. Pre and post survey will be required. Campaign summons data must be entered into TREDS (Traffic Records Electronic Data System). Project Director Initial Date 42 TSS 012H-PT (07/01/2024) Page 3.1 Subrecipient Name: Project #: C. To conduct a minimum of checkpoints and/or saturation/individual patrols for each of the mandatory national Drive Sober or Get Pulled Over (DSOGPO) Campaigns for Super Bowl, St. Patrick's Day, Fourth of July, December 2024, and August 2025, and National Distracted Driving campaign Put the Phone Away or Pay in April, 2025. Campaign summons data must be entered into TREDS. d. To have (number) of sworn officers attend (number) DMV approved traffic safety related training events (e.g., Virginia Highway Safety Summit, Radar Certification Schools, Small Agency Symposium, and other speed/occupant protection focus safety related training (DMV Program Manager approval required). The funding must be approved in accordance with the grant budget. e. Increase number of speed measurement (RADAR and LIDAR, only) devices in active use from to (lf approved, all units must be ordered by December 31, 2024, and put in service by March 31, 2025). The funding must be approved in accordance with the grant budget. 2. The subrecipient must contribute to the overall State Highway Safety Planigoals a. POLICE TRAFFIC SERVICES STATEWIDE GOAL: Reduce unrestrained passenger vehicle occupant fatalities in all seating positions 2 percent from 332 to 325 by December 31, 2025. Reduce speed-related fatalities by 3 percent from 280 to 272 by December 31, 2025. AGENCY GOAL: Check the box or boxes that apply for your agency goal and complete. To reduce unrestrained passenger vehicle occupant fatalities by 2 percent from to by December 31, 2025. (Please use whole numbers.) OTo reduce speed-related fatalities by 3 percent from to by December 31, 2025. (Please use whole numbers.) OTo maintain 0 highway safety related fatalities. To assist (county/city) in reducing overall highway safety related fatalities. (To be used by towns that do not have any fatalities.) b. Subrecipient must participate in mandatory national Drive Sober or Get Puiled Over (DSOGPO) Campaigns for Super Bowl, St. Patrick's Day, Fourth of July, December 2024 and August 2025, and National Distracted Driving campaign Put the Phone Away or Pay in April 2025. Campaign summons data must be entered into TREDS within timeframes specified. C. Subrecipient must participate in the national Click It or Ticket (CIOT) campaign activities (November 2024 and May 2025) to include completion of the pre and post seatbelt surveys and submit selective enforcement and survey data electronically through TREDS within timeframes specified. Project Director Initial Date 43 TSS 012H-PT (07/01/2024) Page 3.2 Subrecipient Name: Project #: d. BASED ON ALL HIGHWAY SAFETY RELATED CRASH DATA (using crash data from VAHSO or other approved local crash information): percent of highway safety related selective enforcement activities are to be conducted between the hours of with special emphasis on the following days of the week: The remaining percent of selective enforcement hours may be scheduled during other DMV approved identified high-crash time periods. e. Monitor agency goal and statewide goal quarterly to determine if project efforts are being effective or if adjustments are needed. If adjustments are needed to address the current needs, contact assigned Project Monitor. f. Enforcement is to be conducted using data-identifying problem locations. g. Grant-funded equipment must be ordered by December 31, 2024 and put in service by March 31, 2025. Documentation concerning use must be maintained. h. Reimbursement vouchers will be submitted monthly or quarterly. Only check one option and this option will be effective for the entire FY2025 grant year. i. Subrecipient is encouraged to conduct community collaborative events within their local communities. The purpose of the community collaborative events is to expand the highway safety message and engage the community on highway safety initiatives. There are numerous ways to achieve this, to include but not limited to, community events such as Coffee with Cop, National Night Out, social media events, etc. These events are designed to build the community and are effective ways to share highway safety information, distribute educational materials and to obtain feedback from the community. Data identification of the highway safety problem (who, what, where, and why) should be utilized as community collaborative events are established. The community collaborative events must actively engage the audience identified in the data analysis. Document the number of events, contacts made, indicate if follow-up is required, and if feedback was received. A description of the event, results what type of data collected and how the data was utilized must be documented on the grantee progress and monitoring report (TSS 14A). At least one community collaborative event is encouraged to be completed by September 30, 2025. j. Any community/ public engagement (CE) hours in the approved grant budget must be utilized to conduct community collaborative events (written plan must be submitted to DMV Program Manager). k. To assist with educational highway safety messaging with posting at least highway safety message(s) per quarter on social media platform(s), agency website, local business, community organizations, etc. I. Subrecipient must submit a completed monitoring report (TSS 14-A) to their DMV Project Monitor by specific assigned quarterly dates of January 31, April 30, July 31, and November 5, 2025. m. Subrecipient must attend all mandatory DMV grant-related trainings. Project Director Initial Date 44 Onancock Police Department General Orders Page 1 of 1 Subject Policy Number: Traffic EnforcementOver-Time 7.4 Effective Date: CALEA: Jan. 1, 2021 By the Authority of the Chief of Police: Chief of Police: Eric Williams 7.4-1 POLICY It is the policy of this agency to maximize public safety through traffic enforcement. 7.4-2 HIGHWAY SAFETY GRANT Grant funds obtained from the state and/or federal government to strictly enforce all traffic laws. 7.4-3 GRANT DUTY a All grant overtime must be pre-approved by the Chief of Police. b Officers may work grant overtime without another Officer on duty. C When an Officer is to stop being paid by grant overtime: 1 When answering a call for service, but once the call has been completed the Officer will return to grant enforcement duties. 2 When witnessing a criminal act that will exceed the allowed grant approved time 3 When a traffic stop leads to the investigation of an existing criminal case, if the time required exceeds 1 hour. 7.4-4 OFFICERS DUTIES a Enforce all traffic laws. b Conduct checkpoints. C Complete all paperwork related to the grant enforcement. 7.4-5 PAY RATE a Officers will be paidat ar rate ofonea andhalfsimesitheirnormalsalary, TRAFFIC ENFORCEMENT OVER-TIME 5 fformance Increases he Town promotes excellence in its workforce. Salary or hourly wage increases within budget constraints may be given to that end. Each employee's performance will be reviewed annually in April and based on satisfactory performance and contributions to the organization, pay increases may be given. Pay increases are not automatic or guaranteed. Overtime Employees who are not exempt under the Fair Labor Standards Act (non-exempt) will be paid at the rate of time and a half for hours worked above forty (40) hours in a work week. Unless authorized by a department head or the Town Manager, employees should not work over forty (40) hours during a workweek. The Police Department will be paid at the rate of timeand. a half for hours worked above eighty (80) hoursinthesame bi-wèekly the payicycle. Unlessauthorized to.dosolbeforehand, employees should) notiwork overeighty/(80) hours during a biweeMlypayperiod: Retirement The Town participates in the Virginia Retirement System (VRS) for all employees eligible for retirement benefits pursuant to the rules and policies of VRS. HOLIDAYS AND LEAVE Holidays The following holidays are observed by the Town. Full-time and part-time salaried employees shall be granted time off for these days without charging the time against leave balances: New Year's Day January 1 Martin Luther King Jr Day Third Monday in January Presidents' Day Third Monday in February Memorial Day Last Monday in May Juneteenth June 19 Independence Day July 4 Labor Day 1st Monday in September Indigenous Person's Day 2nd Monday in October Election Day Tuesday after 1st Monday in November Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Eve December 24 Christmas Day December 25 When an employee is required to work on one of these holidays, flexible scheduling may be allowed with the same pay cycle. Employees who are not exempt under the Fair Labor Standards Act (non- 12Page 46 47 48 4 3 51 2 53 54 / / 5ls > f a 0 o o e 0 57 S8 59 00 Col N * 3 62 5 a A A 3s A a a v w vl v s s V w a 3 a V 3 3 3 s a a V 63 ONANCOCK 1680 VIRGINIA'S EASTERN SHORE Town Council: Lisa Fiege, Omar Grubb, Cynthia Holdren, Joy Marino, Sarah Nock, Maphis Oswald Mayor: Fletcher Fosque / Town Manager: Matt Spuck Town Manager Report - June 23, 2025 Street signs have been delivered, and many have been installed. We needed to order a few longer poles and finials for a handful more, and then we will wrap up that project. VDOT has provided us with helpful information about a successful wayfinding program. The group is meeting this evening (6/16) to discuss. The paving on Liberty Street is complete, as is the boat ramp parking lot and the patch in front of Lilliston. We will seek an additional judgment against Charlotte for unpaid TOT and Meals Tax. The 3-hour parking signs have been ordered, and the poles have been received. DPW staff will install ASAP. The design for the renovated planting areas at Town Square is being discussed at the Tree Board on 6/17. The goal is to complete the design by the end of the June Tree board meeting, to the point where we can install the irrigation system in June or July. The electrician will trench for the streetlights, and once positioned, the DPW will install them. The grass will be restored after these projects, which are expected to be completed in July or August. We will likely plant it in the fall or spring, based on the plant. By the same time next year, we will have completed it. The entry sign is underway. Due to the constant wind, the sign company installed an additional reinforced pole. The electricity is run for the sign and the spotlights. The mason is scheduled to begin his work on June 23, 2025. VDOT is reviewing the ReadySetGo! Grant application for eight crosswalks. We are moving ahead with the stormwater engineering for the Queen Street project. We should have a timeline in a week or sO. I met with VDOT about the tree in the sidewalk in front of the Lilliston building. Honestly, VDOT is not supportive and will not let us plant in their right-of-way. That pushes the tree up to the next section of sidewalk and I am not sure there is enough room for a tree canopy. I will approach the Tree Board on the 17th. had lunch with my Town Manager group and met Rick, the new Town Manager in Cape Charles. Ireceived confirmation that I have completed the Graduate Certificate in Public Administration and Policy. This investment should serve Onancock for years. la also received confirmation that I passed the legal and technical sections of the Virginia Association of Zoning Officials, which makes me a Certified Zoning Official in VA. The water meter project still has a substantial completion date of August 4. When I have more firm start dates, - will use the Manager Minute to update everyone on what they will experience. The pump-out station at the marina is out of service. applied for a grant from the VDH for 75% of the cost. should learn about that grant imminently. lattended all town meetings as well as the ESVA Tourism Commission and the A-N EDA meeting. 15 North Street I Onancock, Virginia 23417 - - 757.787.3363 onancock.com 64 Event Summary for May 2025 ONANCOCK POLICE DEPARTMENT Incidents April May May 2025 2025 2024 911-Inquiry 4 1 4 Alarm 1 3 Arson 1 Assault 2 Assault- Aggravated 1 Assault- On Police Officer 1 Breaking & Entering 1 Death- Unattended 1 Destruction of Property 1 Disorderly Conduct 2 5 4 Domestic 1 1 Firearm- Brandish 1 Firearm- Unlawful Discharge 1 Hit & Run 1 1 2 Kidnapping 1 Larceny- Firearm 0 1 Larceny- of Vehicle 1 Missing Juvenile 1 0 1 Missing Person 1 Overdose 1 Rape- Statutory 1 Stalking 1 Trespassing 5 3 7 Unauthorized Fire 1 Unclassified- 0 1 Welfare Check 1 1 1 (5 Event Summary for May 2025 ONANCOCK POLICE DEPARTMENT Traffic Enforcement April May May 2025 2025 2024 Allow Unlicensed Person to Drive 1 Animal- Dog at Large 0 0 2 Drinking While Driving 1 Driver License Offense 3 2 6 Equipment Offense 1 Fail to Obey Highway Sign 1 5 2 Failure to Cover Load 1 Inspection Offense 9 12 19 Reckless Offense 1 1 Registration Offense 4 2 4 Seatbelt 1 1 Speeding 11 13 52 Use Handheld Device 2 1 1 Totals 31 41 87 Warning 15 17 18 Go Event Summary for May 2025 ONANCOCK POLICE DEPARTMENT Patrol Activities Assist Other Agency 19 Business Check 92 Business Assist/Complaint 3 Citizen Assist/Complaint 8 Special Patrols 930 Assist Other Agency: Anytime an officer assist any government agency within and out of town. Business Checks: Officer checks all windows and doors of a business. Business Assist/Complaint: When a business request an officer, but the event is not a crime and the officer can at best offer advised. Citizen Assist/Complaint: When a citizen request an officer, but the event is not a crime and the officer can at best offer advised. Special Patrol: Normally an area of town I feel that is being overlook by officers patrolling. Along with this we give additional attention to citizens and businesses that have valid concerns. Special patrols are not part of business and house checks. 67