- 79- August 8, 2022 Council meeting minutes TOWN OF ABINGDON COUNCIL MEETING MONDAY, AUGUST 8, 2022-6:30 pm COUNCIL CHAMBERS-MUNICIPAL BUILDING The meeting ofthe Abingdon Town Council was held on Monday, August 8, 2022a at 6:30 pm ini 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.P PRAYER E.A APPROVAL OF AGENDA (VIDE07:36-8:04) On motion ofl Mrs. Quetsch, seconded by Mr. Anderson, approved the agenda as presented. The roll call vote was as follows: Mr. Anderson Mr. Owens Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye F. PUBLIC COMMENTS (VIDEO 8:05-10:18) G.A APPROVAL OF MINUTES (VIDEO 10:20-1 10:45) Katie Brown, Barter Theater July 11, 2022 meeting minutes as presented. Thei roll call vote was as follows: Mr. Anderson Mr. Owens Oni motion of Mr. Owens, seconded by Mrs. Pillion, approved the. July11,2022 Aye Aye 80- August 8, 2022 Council meeting minutes Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye H. PROCLAMATIONS (10:46-24:15) Mayor Webb thanked the parents for the sacrifice made throughout the past years and was incredibly proud of your children'sa accomplishments, asi itisac dynasty at this point. He conveyed that recognizing the youth is one of the most incredible honors as a seated Council. He further stated the team members were assimilating many talents, determination, and grit that would not be Mayor Webb then recognized the Coaches for the long days and hours of sacrifices of tournaments and money invested. He also recognized Coach Francisco for winning "Coach ofthe Year." Mayor Webb thanked Coach Francisco's recent comments in an article regarding the 1.1 Proclamation honoring the Abingdon High School Class 3A VHSL as runner-up in the State possible without their parents. players' GPA of3.8. Baseball Champion with ai framed Proclamation. Mr. Anderson read the proclamation into the record, and Council presented the members 2. Proclamation honoring Abingdon High School Class 3 Tennis Doubles State runner-up Mrs. Pillion read the proclamation into the record, and Council presented Dillon McReynolds and Tristan Hicks with ai framed Proclamation. PUBLIC HEARING- Please place your name on the sign-up sheet provided; comments are 1. Public hearing - proposed special use permit, Owner Evans Properties, Inc., to build a single family dwelling as is required for action within the designated flood hazard area per Section 15-9 oft the Zoning Ordinance in the AE Flood Hazard District. Tax Map ID 013-7-1 at 190 Blacks Fort Lane and South Court Street. (VIDE024:38-3 30:42) Mayana Rice, Director of Community Development, advised Council that the proposed structure is not in the flood plain as it would be on the corner of the parcel. The Planning Commission approved the proposal as presented with a five-to-one motion of the affirmative to allow a single-family residence tol be constructed on a parcel encumbered by the AE FEMA flood designation. Mrs. Rice said one in opposition, Mr. Wilson, stated FEMA has a 0.00 increase regulation concerning a regulatory floodway. The study did show that the minimal increase is lower than a foot, should there be an increase. FEMA leaves the decision of allowing a minimal increase to the flood plain to the governing body. Mr. Wilson said he voted against it because he limited to five (5) minutes per person. could not support additional structure in the floodway as an engineer. - 81- August 8, 2022 Council meeting minutes Mrs. Rice stated that the structure was to proposed on piers, not a solid foundation. Town Engineer, Tyler Vencill, reviewed the plans and determined requirement ofa special use permit. The Planning Commission and Mr. Vencill recommended approval of the requested special use permit with the condition that submittal of all building permits to the Community Development department to ensure compliance with the Virginia USBC for both constructions permitting and the required floodproofing. Thel building permit has additional standards unrelated tot the requested special use permit. The flood plain study was a very minimal increase, with the base flood elevation being 2039.0, with the flood elevation at the property approximately 2038.6. Mrs. Rice stated Planning Commission discussed the whether the Town should purchase the property, however the Town does not have a plan that indicating the property should be purchased Councilmember Mike Owens questioned the height, stating he noticed it was approximatelya foot change. Debbie Evans addressed the question, saying about two and one-half feet; however, as the flood study work has been completed. she suggested three feet tol be safe. Mayor Webb opened the public hearing. Hearing no comments, Mayor Webb closed the 2. Public Hearing proposed special use permit, Owners David Brown of HFBG Properties, LLCand Representative Matt Bundy, Bundy Architecture and Engineering, Inc. for conversion of second-floor space to multifamily use. Tax Map ID 013-1-40: at 155E Gabe Cristofari, Planner and GIS Specialist, presented that the special use permit is to convert aj portion of the southern corner of the second floor to multifamily use. The property is zoned Office and Institutional. A variety of1 businesses currently utilize the structure as office space. Mr. Cristofari advised the Planning Commission approved the special use) permit unanimously. Thec conly change to the footprint ofthe building will bet two elevated balconies located on the South Mayor Webb opened the public hearing. Hearing no comments, Mayor Webb closed the public hearing. Valley Street (VIDE030.2-34.11) facing elevation. Two goals in the' Town's Comprehensive Plan. public hearing. J. RESOLUTIONS 1. Resolution approving special use permit to build a single-family dwelling asi is required for action within the designated flood hazard area per Section 15-9 of the Zoning Ordinance in the AEI Flood Hazard District. Tax Map ID 013-7-1 at 190 Blacks Fort Lane (VIDE034:13-3622) : 82- August 8, 2022 Council meeting minutes On motion of Mr. Owens, seconded by Mrs. Pillion, approved the Resolution for a special use permit to build a single-family dwelling as is required for action within the designated flood hazard area per Section 15-9 of the Zoning Ordinance in the AE Flood Hazard District, Tax Map 013-7-1 at 190 Blacks Counsel Cameron Bell questioned if the proposed Resolution incorporates your additional building permit requirements. Mrs. Rice stated the specific language was not included in the FortLane as presented. Resolution; however, the building code requires it. The roll call vote was as follows: Mr. Anderson Mr. Owens Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye 2. Resolution approving special use permit, Owners David Brown ofHFBG Properties, LLC, and Representative Matt Bundy, Bundy Architecture and Engineering, Inc. for consideration of second-floor space into multifamily use. Tax Map ID 012-1-40 at 155 On motion of Mrs. Quetsch, seconded by Mr. Anderson, approved the Resolution for a special use permit for consideration ofsecond-floor: spacei into multifamily use, Tax Map 012-1-40 at 155 E. Valley Street as presented. E. Valley Street. (VIDEO: 36:23-37:32) The roll call vote was as follows: Mr. Anderson Mr. Owens Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Abstained (direct neighbor to that property) K. FIRST READING OF ORDINANCES 1. Consideration ofamendment to FY2022-2023 Budget Ordinance pursuant to Code of Virginia, 1950, as amended, Section 58.1-3830 to correct cigarette tax rate of$0.40 per pack. Steve Trotman, Director of! Finance, advised Council during the budget process and adoption of the Ordinance that there was ai modest increase in the cigarette tax to $0.45 per pack. (VIDE037:32-4 40:06) -83- August 8, 2022 Council meeting minutes Since then, the Treasurer was notified that the tax violated the Code of Virginia. This amendment will correct the cigarette tax to the maximum allowed amount of $0.40 per pack, with an impact ofa $26,000 decrease or 0.14% of the total operating budget. The Treasurer has issued one refund to correct the overpayment. On motion ofl Mr. Owens, seconded by Mrs. Pillion, approved the amendment to FY2022-2023 Budget Ordinance pursuant to Code of Virginia, 1950, as amended, Section 58.1-3830 to correct cigarette tax rate of$0.40 per pack, and waive the second reading of the Ordinance. The roll call vote was as follows: Mr. Anderson Mr. Owens Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye L. SECOND READING OF ORDINANCES M. CONSIDERATION OF BIDS N. NEW BUSINESS 1. Presentation regarding Emory & Henry College campus and project updates (VIDEO 40:17-57:34) President John Wells and Allison Mays, Senior Advancement Officer for Major Gifts and Planning Giving, provided Council with campus and project updates on Emory & Henry College. 2. Doug's Super Wash (Per Section 18-7-10)appeal to the Town Council regarding a decision made by the Planning Commission (Jun 27, 2022) to not allow the exterior painting of the Doug's Super Wash to be Benjamin Moore "Red" 2000-10 as it does not comply with the Entrance Corridor standards outlined in Section 18-9-11(d) Design review guidelines (8) Mayor Webb conveyed a representative of Doug's Super Wash wished to have this matter On motion of Mrs. Quetsch, seconded by Mrs. Pillion, tabled this matter for façade colors. (VIDE05734-5818) tabled until the next meeting. the August 18, 2022 meeting. The roll call vote was as follows: Mr. Anderson Mr. Owens Mrs. Pillion Mrs. Quetsch Aye Aye Aye Aye - 84- August 8, 2022 Council meeting minutes Mayor Webb Aye 3. Consideration of professional services to perform engineering design, construction, and cost analysis for East Main Street Flood Mitigation. (VIDE0S819-1:02.01) Michael Surrett, Director of Public Works advised a Request for Proposal with a return date of. June 3, 2022, to consolidate some professional services for the flood mitigation on East Main Street. Upon review of several responses, the selection committee recommended AMT. Councilmember Mike Owens questioned the timetable once the project was awarded. Mr. Surrett replied the project had a very aggressive schedule, completed with ARPA funding, with Councilmember Amanda Pillion questioned the length of time for road closures. Mr. Surrett responded there would be delays; however, roads will not be closed without accessibility to businesses with periods to install the new culvert across Main and Tanner Streets and replace Counsel Cameron Bell conveyed that the preliminary plani is to raise Main Street, and you can't raise it ify you don't close. Mr. Surrett clarified that all the businesses in that area would remain full construction by the end of 2024. culverts downstream. accessible. It will be a complex operation around it. On motion of Mrs. Quetsch, seconded by Mr. Owens, to authorize Michael Surrett to negotiate a contract with AMT. The roll call vote was as follows: Mr. Anderson Mr. Owens Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye 4. Consideration of solid waste disposal services (VDE0142.83-193) Michael Surrett, Director of Public Works advised Council that the Bristol Virginia landfill will close on September 9, 2022. The Public Works department has been working diligently for the past eight months to relocate solid waste, brush, and other items we collect for the citizens. The Town entered into al Memorandum of Agreement with Washington County for our solid waste to the transfer station; however, it would not accept brush. The Town issued a Request for Bids restricting the radius and single trip drive to thirty miles to be cost prohibitive on wear/tear on Mr. Surrett said the Town received one response, Waste Management in Blountville, vehicles, maintenance, and fuel. Tennessee, for $40 per ton delivered for brush only. -85- August 8, 2022 Council meeting minutes On motion of Mrs. Pillion, seconded by Mr. Anderson, to accept quote by Waste Management for solid waste disposal services. The roll call vote was as follows: Mr. Anderson Mr. Owens Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye 0.OLD BUSINESS P. MISCELLANEOUS BUSINESS AND COMMUNICATIONS FROM TOWN MANAGER 1. Consideration ofal lease agreement for aj portion of The Train Station, 306 Depot Square Tonya Triplett, Director of Economic Development and Tourism, recalled the Council of establishing The Train Station as an incubator in April 2022. She advised that a business on Main Street has lost its lease and may have to close and reopen later. After discussion with the business owner, she presented aj partnership that may work, including a year lease with an option to renew, with an out option should an additional location become available. This lease would and adjacent space. (VIDEO 1:04:36- - 1:07:05) be the same terms as the space at 304 Depot Square. On motion of Mrs. Quetsch, seconded by Mr. Anderson, to authorize the negotiation of a lease for The Train Station, 306 Depot Square and adjacent space. The roll call vote was as follows: Mr. Anderson Mr. Owens Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye (IDE0147.85-11039) Town Manager Mike Cochran provided Council announced the expanded hours for the Coomes Recreation Center due to shifting personnel allowing additional operating hours starting September 12. Mr. Cochran advised during a recent Infrastructure Advisory Committee included discussion regarding traffic calming and speed studies for Valley Street. The Town engaged an engineer to survey for traffic calming. The result oft two different speed studies conducted ini two- 86- August 8, 2022 Council meeting minutes week periods, April 21 and August 21, totaling 79,000 cars traveled ata an average speedo oftwenty- eight miles per hour, which is a high compliance rate. Mr. Cochran announced that Chief Holbrook secured a School Resource Officer grant through the Commonwealth, allowing us to have a second SRO at Abingdon High School, which includes 100% of the salary and benefits. Mr. Cochran added more engagements with the youth, provided safety and a role model, and thanked ChiefHolbrook for applying. Mr. Cochran communicated that Michael Surrett, Director of Public Works, secured an additional $1.12 million from the Virginia Department of Transportation for the Good Roads Repair Program for the East and West Main Streets and Jonesboro Road. He also announced Washington County is working with the contractor for a target date of September 17 to switch the traffic pattern and is obtaining additional material to protect the closure. C COUNCIL MEMBER REPORTS (VIDEO 1:10:59-1:12:13) Mayor Webb conveyed that the public hearing on the pump track concept was well attended and received positive feedback and the community has a strong interest ini moving forward. S. APPOINTMENTS TO BOARDS AND COMMITTEES (VIDEO 1:12:14-1 1:58:09) On motion of Mr. Owens, seconded by Mrs. Quetsch, to convene in closed session pursuant to CodeofVirginia, 1950, as amended, Section 2.2-3711(A)(1) for the purpose of considering applications for appointment for position(s) on Virginia Highlands Small Business Incubator and Sinking Spring Cemetery Committee; and pursuant to Code of Virginia, 1950, as amended, Section 2.2- 3711(A)(1), a personnel matter involving demotion, discipline, or resignation ofa specific employee(s). The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye On motion by Mrs. Quetsch, seconded by Mr. Anderson, reconvened in open session. (VIDE01:58:09- - 1:59:01) The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Aye Aye Aye Aye - 87- August 8, 2022 Council meeting minutes Mayor Webb Aye Mr. Owens moved that the Town Council certify that, in closed session just concluded, nothing was discussed except the matter or matters (1) specifically identified in the motion to convene in closed session and (2) lawfully permitted to be discussed under the provisions of the Virginia Freedom ofl Information Act cited in the motion. The certification was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Iso certify Iso certify Iso certify Iso certify Iso certify (VIDEO 1:59:01 -2:00:29) 1. Virginia Highlands Small Business Incubator Reappointment of] Kent Peterson, who is eligible to serve an additional term Reappointment of Sylvia Robbins, who is eligible to serve an additional term Reappointment ofMichael A. Spiegler, who is eligible to serve an additional term Reappointment of Doris Clendenen Shuman, who is eligible to serve an additional term On motion by Mr. Owens, seconded by Mr. Anderson, reappointed Kent Peterson, Sylvia Robbins, and Michael A. Spiegler to serve an additional term and Pamela Stone to serve a term on the Virginia Highlands Small Business Incubator board. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye 2. Sinking Spring Cemetery Committee relatives or ancestors buried in the cemetery Appointment to fill the vacancy for one of whom is related to or descended from family On motion by Mr. Owens, seconded by Mr. Anderson, appointed Albert Bradley to serve one term on the Sinking Spring Cemetery Committee. The roll call vote was as follows: Mr. Owens Aye 88- August 8, 2022 Council meeting minutes Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye S. CLOSED SESSION 1.Closed Session pursuant to Code of Virginia, 1950, as amended, Section 2.2-3711(A)(),a personnel matter involving demotion, discipline, or resignation ofa specific employee(s). (VIDEO 1:12:14- -1 1:58:09). (IDEO1SS.09-13.01) Mayor Webb declared the meeting adjourned. Kibulups Kimberly Clerk an Kingéey,