-109-  December 4, 2023 Council meeting minutes  TOWN OF ABINGDON COUNCILMEETING  MONDAY, DECEMBER 4, 2023 - 6:30 pm COUNCILCHAMBERS-MUNICIPALBUILDING  The meeting of the Abingdon Town Council was held on Monday, December 4, 2023, at  6:30 pm in the Council Chambers of the Municipal Building.  A. WELCOME - Mayor Pillion B. ROLL CALL Members of Council Present:  Wayne Austin Donna Quetsch Derek Webb Vice Mayor Anderson Mayor Pillion  C.P PLEDGE OF ALLEGIANCE  D. PRAYER  E.A APPROVAL OF AGENDA (VIDEO 5:51-6:39)  On motion of! Mr. Webb, seconded by Vice Mayor Anderson, moved Item M-2, Engineering update regarding flooding on Preston St SW and Hagy St SW by Matthew Lane, The Lane Group, Town of Abingdon Contract Engineer immediately after Item G and approved the  agenda as amended.  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion November 13, 2023  Aye Aye Aye Aye Aye  F.A APPROVAL OF THE. MINUTES (VIDEO 6:39-7:10)  Oni motion of] Mr. Austin, seconded by Mr. Webb, approved the November 13, 2023  minutes as presented.  The roll call vote was as follows:    -110-  December 4, 2023 Council meeting minutes  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor. Anderson Mayor Pillion Eddie Copenhaver  Aye Aye Aye Aye Aye  G.P PUBLIC COMMENTS (VIDEO 7:11-11:47)  Greg Lilly on behalf of the Abingdon Arts Commission  H. PROCLAMATIONS I PUBLICI HEARING  J. RESOLUTIONS Applicant requested item be postponed.  1.1 Resolution approving proposed comprehensive sign at property located at 370 E. Main Street Abingdon, VA, Tax Map 013-1-82 advertising the entryway to the shared parking area of Sweet Bay Brewing Company, al bike shop, an adventure retail store, and The Girl & The  Raven.  K. FIRST READING OF ORDINANCES L. SECOND READING OF ORDINANCES M. CONSIDERATION OF BIDS N. NEW BUSINESS  Presentation of2022/2023 Financial Audit for the Town of Abingdon - Jordan Owens, Brown,  Edwards & Company (VIDEO 25:52-4 40:51)  Jordan Owens presented the Council with the 2022/2023 independent auditor's report, including as of June 30, 2023, the Statement of Net Position, Balance Sheet - Governmental Funds, Statement of Revenues, Expenditures, and changes in the Fund Balance - Budget and Actual General Fund. Mr. Brown stated that it was a good audit and a clean report. 2. Engineering update regarding flooding on Preston St SW and Hagy StSW-  Matthew Lane, The Lane Group, Town ofAbingdon Contract Engineer (VIDEO 12:00-  25:36)  Matthew Lane presented the Council with information regarding two residential homes located along Hagy Street that reported issues with stormwater inundating lawns during significant rainfall events. Mr. Lane described the area that contributes to the runoffa and offered recommendations for reducing the impact of the stormwater, including roof gutters should be connected to a drainage pipe that diverts the stormwater away from the homes and a four-inch asphalt berm constructed from the Country Boy Seed entrance, along Hagy Street, tot the parking area for Eades. Auto Repair, which connects to a drainage swale. He stated that written permission should be obtained from Country Boy Seed and Eades Auto Repair as some of the asphalt curb may require construction  outside the Town's right-of-way.    -111-  December 4, 2023 Council meeting minutes  Mr. Webb asked what percentage oft the issue results from runoff from the roofs. Mr. Lane stated he would guess 50-60% because the water from the roof goes directly into the yard so the yards are saturated when the runoff water gets down Hagy Street to the subject property. Town Manager Mike Cochran asked Mr. Lane ifhe did hydrology as a good part ofhis engineering practice. Mr. Lane stated that he was an experienced consultant engineer to municipalities Mr. Webb questioned whether the town staff could complete or if something needed to farm out toas specialty group. Mr. Cochran stated the Town staff could do the asphalt; however, rights-of- way may be required from property owners. The asphalt would be constructed in front of the homes from the entrance to Country Boy Seed to the entrance of Eades. Auto Repair. Mayor Pillion questioned if that would divert the water onto Hagy Street sO it could continue running further down Hagy Street and keep it out oftheir yards. Mr. Lane affirmed. Mayorl Pillion asked ifit was cost effective thing that wouldn't alter their yards to a large degree. Mr. Lane said Mrs. Quetsch questioned ift the runoff was strictly up to the property owners. Mr. Lane responded Counsel Cameron Bell asked for clarification that the runoff other than what is on the roof comes from other private property; Hagy Street has been there for 100 years longer, and that's not the Urban Pathway that caused it. It's coming offt the hill from private property on Colonial Road and reaching Hagy Street, but Hagy Street isn'tcausing the flooding. Mr. Lane responded that Hagy Mrs. Quetsch commented that a property owner told her it wasn't a problem until the Town did something, questioning Mr. Lane whether the Town did not have anything to do with this situation. Mr. Lane stated that he has seen no indication of anything that the Town has done to either cause  throughout the Southwest Virginia area.  the asphalt curb would be placed on top of the street.  yes.  Street was the conduit that carried the water and referred tol his exhibit.  or worsen this situation. O.OLDI BUSINESS  P.N MISCELLANEOUS BUSINESS AND COMMUNICATIONS FROM TOWN MANAGER 1. Consideration of funding for William King Museum of Art - Mike Cochran, Town Manager  (VIDEO 41:00- - 43:57)  Mr. Cochran requested that the Council consider funding the William King Museum of Art $100,000 to fund operations as he believes the Museum is an anchor in the Town. Mr. Austin said he spoke with several board members, that the Museum contributes to the Town's tourism and is a great asset, and that the Council should fund their request.    -112-  December 4, 2023 Council meeting minutes  Oni motion ofl Mr. Webb, seconded by Mr. Austin, approved funding $100,000 to the  William King Museum of Art from the General Fund reserve.  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye Aye  2. Consideration of dates for Council meetings and retreat for 2024- Mike Cochran, Town Mayor Pillion stated that she was unaware of any items for the tentative meeting on December  Manager (VIDEO 43:58-50:25)  20, 2023, and requested that the meeting be canceled.  Dates were scheduled for the. January - June 2024 Council meetings and retreat.  3. Discussion regarding correcting the Ordinance establishing the Abingdon Arts Commission, specifically, WHEREAS, the Abingdon Arts Commission shall consist of one ex officio Councilmember appointed by the Town Council to serve terms coincident with their terms as members of the Council. The Town Manager will name a Town employee designee as an ex officio member to serve as staff support for the Commission. Town Council will appoint five citizens to serve two-year consecutive terms, beginning July 1 ofthe year ofappointment."- Mayor Pillion stated that the Ordinance doesn't need to be changed. Instead, it says that the Counsel Bell stated when the Commission was formed tol have staggered terms SO members would not go off at the same time, the initial group ofI believe three can serve where it says two-year terms at the beginning but underneath that in the Ordinance it says but the initial appointment of the first group will be for one year from June to June. Then, after that, they will be appointed again. So, It think there's some confusion about how that worked but that's what the Ordinance says. Mr. Bell did not think the Ordinance needed to be changed, but he felt that group hadn't been appointed correctly. Mr. Bell stated that the remedy would be to appoint that group ofthree Mayor Pillion indicated they were appointed in the Commission meeting. Still, they need to be officially appointed by the Council for their two-year term sO their first term was one year, and this will be their second term, which is two years, sO that it could be staggered SO everybody didn't  Mike Cochran, Town Manager (VIDE0S025-5531)  members are going to serve two-year terms.  from June 30, 2023, to. June 30, 2025.  roll off and on at the same time.    -113-  December 4, 2023 Council meeting minutes  Mr. Austin questioned the intent for them tol be able to serve four years, two consecutive. Counsel Bell stated that where the sort of confusion comes in, the general sort of like being the organizers of a corporation, there's a bit different of who the organizers were, sO I think those initial organizers' first term was only one year, but that was to do the different term. He stated that the remedy to that could be when those people come up in 2025, we could weigh that, or the Council could take some other action to give them an extra year at that point but to stay in line with the Ordinance. I think the how we stay in line with how the Ordinance is without amending the Ordinance and going back int time is to appoint them for two years and then in 2025 we can decide whether they want to serve again or not. Iguess depending on how you view the intent they have Mr. Austin questioned whether, ultimately, iti is our intent tol have them be able to serve four years, Counsel Bell stated that it works for the second group to avoid the stagger. He thinks after this first group of three gets through everybody from now on will have two two-year terms, but just because that initial group had only one year to create the stagger then and they had a one-year term Mayor Pillion stated we didn't want everybody to roll off at the same time. Mr. Austin stated he understood. Counsel Bell stated that the group and I don't have that part of the Ordinance on the screen, but it says they'll be appointed from their term will end June 1, 2023, and then sO their initial term was from 2022 to 2023, and then they'll be appointed for a two-year term. Mr. Austin asked Mr. Lilly ifl he understood what we were talking about. Mr. Greg Lilly said yes, iti is okay, and this happened at the same time as the Veterans Advisory Board and they are set up  another year available to them generally.  two two-year terms.  the first term but that'ss specifically stated in the Ordinance.  the exact same.  On motion by Mr. Webb, seconded by Vice Mayor Anderson, appointed Dirk Moore, Ben Jennings, and Matthew Frederick to serve from June 30, 2023 to. June 30, 2025  on the Abingdon Arts Commission. The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye Aye    -115-  December 4, 2023 Council meeting minutes  R. APPOINTMENTS TOI BOARDS AND COMMITTEES (VIDE0194S6-14549, Reappointment of. John Legard, who is eligible to serve an additional term serve: an additional term on the Sinking Spring Cemetery Committee.  1. Sinking Spring Cemetery Committee  On motion of Mr. Austin, seconded by Mrs. Quetsch, reappointed John Legard to  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye Aye  S. CLOSED SESSION  Mayor Pillion declared the meeting adjourned.  Ruou  Mayor Amanda Pillion  ou  "ley mosly  Kimberly Kipgsley,