- 108- November 7,2022 Council meeting minutes TOWN OF ABINGDON COUNCIL MEETING MONDAYNOVEMBER 7, 2022 - 6:30 pm COUNCIL CHAMBERS - MUNICIPAL BUILDING The meeting of the Abingdon Town Council was held on Monday, November 7, 2022 at 6:30 pm in the Council Chambers of the Municipal Building. A. WELCOME- Mayor Webb B. ROLL CALL Members of Council Present: Dwyane Anderson Mike Owens Amanda Pillion Donna Quetsch, Vice Mayor Derek Webb, Mayor C.P PLEDGE OF ALLEGIANCE D. PRAYER E. APPROVAL OF AGENDA (VIDEO 6:33-6:58) On motion ofl Mr. Owens, seconded by Mr. Anderson, approved the agenda as presented. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye F. PUBLIC COMMENTS- - None G. APPROVAL OF MINUTES (VIDEO 7:09-8:13) September 29, 2022 Joint meeting October 3, 2022 meeting October 20, 2022 meeting On motion of Mrs. Pillion, seconded by Mrs. Quetsch, approved the September 29, 2022, October 3, 2022 and October 20, 2022 minutes as presented. -109- November 7,2022 Council meeting minutes The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Abstained from 09/29/2022- - Absent Aye (10/3/22 and 10/20/202) Aye Aye Aye Aye H. PROCLAMATIONS PUBLIC HEARING- Please place your name on the sign-up sheet provided; comments are limited to five (5) minutes per person. 1. Public Hearing - pursuant to Virginia Code Section 15.2-980 and the Code of Virginia for the Town of Abingdon, amendment to Chapter 30 - Environment, Article II. a Noise, Sections 30-30 through 30-36. (VIDEO 8:20-25:29) Police ChiefHolbrook conveyed to Council that several residents have expressed concerns regarding the current noise ordinance, specifically the excessively barking dogs during the daytime, which has become a quality of life issue. Chief Holbrook advised that the current ordinance concerning noise only addresses barking between 11:00 pm and 7:00 am. Chief Holbrook presented an amended Ordinance that would address the specific prohibitions of noise in 24-hour a day; barking five minutes within a ten minute period. An additional minor change for commercial establishments located in an area zoned for mixed use recommending 7 am to 11 pm. ChiefHolbrook introduced a new Section 30-34, temporary use permits for special events exhibitions, festivals, concerts, parade permits must set forth the reasons why that permit should be issued. Also, Section 30-35 (B) for enforcement and penalties for the standards established allowing the officer to use judgment in determining if a particular noise is sufficiently loud or otherwise sO offensive to be unreasonable disturb a person of ordinary sensibilities in the vicinity. spoke during the public hearing: Discussion ensued. Mayor Webb opened the public hearing. The following individuals Robert Jones, President of the Smart View Homeowners Association John Brenner, 364 B Street Hearing no further comments, Mayor Webb closed the public hearing. 2. Public Hearing pursuant to Virginia Code Sections 15.2-1425 and 46.2-1220 and the Code of Virginia for the Town of Abingdon, amendment to Chapter 70 = Traffic and Vehicles, Article V. - Stopping, standing and parking, Division 1.- Generally (VIDEO 25:31-32:32) -110- November 7,2022 Council meeting minutes Police Chief Holbrook requested Council create Section 70-142.1, Parking in Fire Lanes. He conveyed that vehicles parking in a designated fire lane creates a public safety hazard duringa fire, or other emergencies. He advised that adopting this code would allow the police department toe enforce any violation and provide authority to remove a violating vehicle if needed. Abingdon Fire Chief Estes added that it was needed to establish safe egress and access to the front door. ChiefEstes conveyed that time would be required to educate the public and enforce compliance. Discussion ensued. Mayor Webb opened the public hearing. Hearing no comments, Mayor Webb closed the public hearing. J. RESOLUTIONS 1. Resolution petitioning the Department ofTransportation for maintenance payments for certain streets ini the Urban Maintenance Inventory System - Michael Surrett, Director of Public Works MIDE03232-3615) Mr. Surrett conveyed the Virginia Department of Transportation provides payments to municipalities for the maintenance of qualifying highways. The Department procedures require that municipalities requesting lane mileage and deletions for payments as approved by the local government by way of said Resolution. Discussion ensued. On motion of Mrs. Quetsch, seconded by Mr. Anderson, approved the Resolution as presented. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye K. FIRST READING OF ORDINANCES 1. Consideration ofamendment to Chapter 30 Environment, Article II. -Noise, Sections 30- 301 through 30-36. - ChiefJon. Holbrook, APD (VIDEO 36:17-37:40) Counsel Cameron Bell conveyed to Council this proposed Ordinance dealing with public safety could be adopted tonight if they wished to dispense with the second reading. -111- November 7,2022 Council meeting minutes On motion of Mr. Anderson, seconded by Mrs. Pillion, adopted the Ordinance as presented, and dispelled with the second reading. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye 2. Consideration of amendment to Chapter 70 - Traffic and vehicles, Article V. - Stopping, standing and parking, Division 1. - Generally - ChiefJon Holbrook, APD and ChiefTim Counsel Cameron Bell conveyed to Council this proposed Ordinance dealing with public safety could be adopted tonight if they wished to dispense with the second reading. On motion of Mr. Owens, seconded by Mr. Anderson, adopted the Ordinance Estes, AFD( (VIDE03742-38.38) as presented, and dispelled with the second reading. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye L. SECOND READING OF ORDINANCES M. CONSIDERATION OF BIDS N. NEW BUSINESS 1. Consideration and acceptance of permanent easement and right-of-way of4 49,541.4 sq. ft., from Gregory and Ruth Case, Tax Map No. 127-A-8A, for site improvement (bridge construction) relating to Virginia Creeper Trail Trestle 4 Rehabilitation Project. - Mike Mr. Cochran conveyed this permanent easement and right-of-way was a part of the Virginia Creeper Trail rehabilitation. Mr. Cochran further advised that additional final details were needed for the permanent bridge construction. Mr. Bell said the approval of the easement could be considered, giving the Town Manager and Town Attorney authority to negotiate details Cochran, Town Manager (VIDEO 38:51 -41:47) and authorization to sign. -112- November 7,2022 Council meeting minutes On motion of Mr. Anderson, seconded by Mrs. Pillion, obtained a permanent easement and right-of-way from Gregory and Ruth Case forsite improvement relating to the Virginia Creeper Trail Trestle 4 Rehabilitation project, and authorizes the Town Attorney to negotiate the details and prepare paperwork as necessary. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye 0. OLD BUSINESS P. MISCELLANEOUS BUSINESS AND COMMUNICATIONS FROM TOWN MANAGER 1.1 Presentation by Tourism Advisory Committee Tonya Triplett, Director ofTourism and Economic Development (VIDEO 41:51-57:57) Tonya Triplett provided Council with an update regarding Tourism and Economic Development in the Town of Abingdon. Marketing Coordinator Chad Thompson also provided 2. Presentation from Abingdon Fiddlers Convention - Jennifer Blankenship, Chair (VIDEO ar report. 57:58-1:18:27) Chair Jennifer Blankenship provided Council with an update regarding the successful Abingdon Fiddlers Convention and requested the Council consider supporting next year's event. Request to adopt Resolution naming Fire ChiefTim Estes as Coordinator of Emergency Management - Mike Cochran, Town Manager MIDE011834-12110, Town Manager Mike Cochran requested Council name Fire ChiefTim Estes as Coordinator of Emergency Management. Mr. Cochran conveyed that Police ChiefHolbrook was named before his arrival, which is typically a role that is handled by the Fire Chief. Chief Estes has extensive knowledge and experience and is willing to serve as the Coordinator. On motion of Mrs. Quetsch, seconded by Mr. Anderson, adopted the Resolution as presented. The roll call vote was as follows: -113- November 7,2022 Council meeting minutes Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye Announcement of Mayana Rice named as Assistant Town Manager (VIDE01:2:11- 1:23:43) Town Manager Mike Cochran announced effective immediately Mayana Rice will serve as Assistant Town Manager. . COUNCIL MEMBER REPORTS MIDE0123:55-12501) Mayor Webb reminded the citizens that elections would be held tomorrow and that it has beena R. APPOINTMENIS TO BOARDS AND COMMITTEES (VIDEO 1:25:00 -1 1:26:49) pleasure to serve as the Mayor. 1. Sustain Abingdon Reappointment ofLaura Pennington, who is eligible to serve an additional term Appointment to fill expired term of Ricky Bray Appointment to fill unexpired term of Sydney deBriel Economic Development Authority Tree Commission 2. 3. Reappointment of Don Adams, who is eligible to serve an additional term Reappointment of Muhammad Hasham, who is eligible to serve an additional term On motion of Mr. Owens, seconded by Mr. Anderson, reappointed Laura Pennington to serve: an additional term on Sustain Abingdon; reappointed Don Adams to serve an additional term on the Economic Development Authority, and reappointed Muhammad Hasham to serve an additional term on the Tree Commission. The two appointments to Sustain Abingdon will be tabled until new applications are received for consideration. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye -114- November 7, 2022 Council meeting minutes S. CLOSED SESSION Mayor Webb reminded everyone regarding the Special Ceremony at Veterans Memorial Park on November 11, 2022 at 11:00 am (VIDE01:26:49, 1:28:30) Mayor Webb declared the meeting Kimberly Kingslgy, lerk L