78- August 3, 2020 Regular Meeting TOWN OF ABINGDON REGULAR COUNCIL MEETING MONDAY, AUGUST 3, 2020 - 6:30 PM COUNCIL CHAMBERS - MUNICIPAL BUILDING A regular meeting of the Abingdon Town Council was held on Monday, August 3, 2020 at 6:30 pm in the Council Chamber oft the Municipal Building. A. WELCOME - Mayor Webb B. APPOINTMENT OF NEW COUNCIL MEMBER - Mayor Webb (VIDEO 10:24- 11:07) On motion of Mrs. Quetsch, seconded by Mr. Anderson, Council nominated Charles Michael Owens for appointment to fill the vacancy on the Town Council. The roll call vote was as follows: Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Mayor Webb welcomed Mr. Owens stating that it was an exciting time for the. Abingdon Town Council. C. OATH OF OFFICE FOR NEWLY APPOINTED COUNCIL MEMBER - Kim Kingsley, Clerk (VIDE01124-135-48) Oath ofOffice was administered by Kim Kingsley, Clerk at which time, Mr. Owens joined Council at dais. Mr. Owens thanked the Council for hisa appointment, stating that he looks forward to working together. Mayor Webb asked Mr. Owens to lead the Council in the Pledge of Allegiance. D. APPROVAL OF AGENDA - Mayor Webb (VIDEO 13:53-14:37) On motion of Mrs. Pillion, seconded by Mrs. Quetsch, Council approved agenda as presented. The roll call vote was as follows: Mr. Owens Mr. Anderson Aye Aye 79- August 3, 2020 Regular Meeting Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye E. PUBLIC COMMENTS Please place your name on the sign-up sheet provided and comments are. limited to three (3) minutes per person. Nop public comments F.A APPROVAL OF MINUTES (VIDEO 14:53-1 15:39) July 1, 2020 Organizational/Regular Meeting July 16, 2020 Work Session Applicants for Town Council vacancy July 22, 2020 Meeting including Closed Session for purpose of Interviewing On motion of Mr. Anderson, seconded by Mrs. Pillion, Council approved the July 1, 2020 Organizational/Regular meeting; July 16, 2020 work session and July 22, 2020 meeting including Closed Session for purpose ofinterviewing applicants for Town Council vacancy minutes as presented. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Abstained Aye Ayes Aye Aye (not a Councilmember until August 3, 2020) G. PROCLAMATIONS H. PETITION(S) AND PUBLIC HEARINGS 1. Public Hearing - Proposed Zoning Text Amendment, Part II - Code. Appendix B - Zoning Ordinance; Article 21. - Signs. - Jason Boswell, Director of Planning Jason Boswell, Director of Planning advised Council that this process began in October 2019 through a contract with The Berkley Group to review the ordinance and provide an update. The Planning Commission on June 22, 2020 unanimously approved the proposed zoning text amendment for Article 21 - Signs. Mr. Boswell stated that the revisions should clarify and streamline the existing code providing additional flexibility in the industrial and commercial districts, ensuring a content neutral ordinance according to the Supreme Court decision in Reed Vs. (VIDE015.48-22.41) 80- August 3, 2020 Regular Meeting Town of Gilbert; which determined that localities cannot regulate content; provide enhanced consistency and application of the various permitted sign types, modernize and update definitions sign permit requirements, and review authority and other sections sO the proposed sign ordinance to be restricted into nine (9) sections and provided a brief update for each section. Discussion Mayor Webb declared the public hearing open. Hearing no additional comments, Mayor Webb declared the public hearing closed. Mayor Webb questioned whether the proposal should ensued. ber rejected. 2. Public Hearing - Proposed lease agreement for an athletic field by and between Commonwealth of Virginia, Virginia Highlands Community College on behalfofState Board for Community Colleges and the Town of Abingdon. - James Morani, Town Town Manager. James Morani advised Council that conversations regarding this agreement began prior to 2018 and has been reviewed by all parties, including the Attorney General Office, which lease allows for use ofextra fields for practice and playing fields. Discussion ensued. Mayor Webb declared the public hearing open. Hearing no additional comments, Mayor On motion of Mrs. Quetsch, seconded by Mr. Anderson, Council agreed to enter into the lease agreement for an athletic field with Virginia Highlands Community College on behalf of the State Board for Community Colleges as presented. Manager (VIDE022:43-27.11) Webb declared the public hearing closed. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye RESOLUTIONS 1. Consideration of Resolution determining property located at 130 Wall Street, Commonly known as "The Abingdon Mercantile", for redevelopment pursuant to Section 36-55.30:2B, Code ofVirginia, 1950 as amended - Tonya Triplett, Economic Tonya' Triplett, Economic Development Coordinator reminded Council that this matter was discussed at the July 16, 2020 work session. Mrs. Triplett stated that developer interested in' The Abingdon Mercantile building working with Virginia Department Housing Authority would allow Development Coordinator (VIDEO 27:16-29:57) more resources if this Resolution is passed. Discussion ensued. 81- August 3, 2020 Regular Meeting On motion of Mrs. Quetsch, seconded by Mr. Owens, Council pass 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 J. FIRST READING OF ORDINANCES 1. Proposed Zoning Text Amendment, Part II- Code. Appendix B - Zoning Ordinance; Article 21. - Signs. - Jason Boswell, Director of Planning (VIDEO 30:00-3 30:59) Town Manager James Morani advised Council that he considered the first reading of the Ordinance was conducted under Section H-1 as part oft the Public Hearing and that no action will be taken at this time. K. SECOND READING OF ORDINANCES L. CONSIDERATION OF ANY BIDS M. OLD BUSINESS N. MISCELLANEOUS BUSINESS AND COMMUNICATIONS FROM TOWN MANAGER (VIDE031:12-34:0) Town Manager James Morani advised Council that the Town's strong credit rating remained the same with Moody's and the S&P rating should be forthcoming next week. Mr. Morani also updated Council on1 the Town's meals and lodging taxes. 0. COUNCIL MEMBER REPORTS (VIDEO 34:05-34:26) Mayor Webb stated that everyone has been busy and the Town is making progress. P. APPOINTMENTS TO BOARDS AND COMMITTEES (VIDEO 34:28-1:50:32) On motion by Mrs. Quetsch, seconded by Mrs. Pillion, to goi into closed session Imove that the Abingdon Town Council convene in closed session to discuss the following as permitted by Virginia Code $ 2.2-3711(A)(), for consideration of application for pelntmatreappalatment to serve on the Planning Commission, Historic Preservation Review Board; Tourism Advisory Committee; Virginia Highlands Small Business Incubator; Economic Development Authority and/or Sustain Abingdon and as permitted by Virginia Code $2.2-3711(A)), consultation with legal counsel, about the pending cases of Icenhour and Kelly EEOC matters; and probable future litigation. The: roll call vote was as follows: -82- August 3, 2020 Regular Meeting Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye On motion by Mr. Owens, seconded by Mr. Anderson, to reconvene in open session. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye Mrs. Quetsch 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 of 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 Q. APPOINTMENTS TO BOARDS AND COMMITTEES 1. Planning Commission Appointment to: fill a vacancy as ai result ofTown Manager no longer serving Appointment to fill a vacancy of. James Anderson, who was appointed as a Council representative On motion by Mr. Anderson, seconded by Mrs. Pillion, Council appointed Chad Pennington and Michael Weaver to fill the vacancies for' Town Manager who is no longer serving and Mr. Anderson who was appointed as a Council representative. The roll call vote was as follows: Mr. Owens Mr. Anderson Aye Aye -83- August 3, 2020 Regular Meeting Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye 2. Historic Preservation Review Board (Sec. 4.12 Town Charter - currently Derek Webb - term expires. July 2022) On motion by Mrs. Quetsch, seconded by Mr. Anderson, Council appointed Mike Owens toi fill the Council seat on thel Historicl Preservation Review Board. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb 3. Tree Commission Aye Aye Aye Aye Aye (Sec. 4.12 Town Charter - previously Cindy Patterson/Council representative to Veterans Memorial Park Committee) On motion by Mrs. Quetsch, seconded by Mr. Anderson, Council appointed Mrs. Pillion to fill the Council seat on the' Tree Commission. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye 4. Sinking Springs Cemetery Committee (Sec. 4.12Town Charter - previously. Al Bradley) On motion by Mrs. Pillion, seconded by Mrs. Quetsch, Council appointed Mike Owens to fill the Council seat on the Sinking Springs Cemetery Committee. Theroll call vote was as follows: Mr. Owens Mr.Anderson Mrs. Pillion Mrs. Quetsch Aye Aye Aye Aye -84- August 3, 2020 Regular Meeting Mayor Webb Aye 5. Tourism Advisory Committee restaurant establishment William King - Arts & Culture Appointment to fill expired term of Joel Jerkins, serving as representative for Appointment to fill unexpired term of Callie Hietala, serving as representative for On motion by Mr.Anderson, seconded by Mr. Owens, Council appointed. Jack Barrow for the representative for the restaurant establishment and Nikki Hicks to fill the unexpired term of Callie Hietala, serving as representative for William King - Arts & Culture. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye 6. Virginia Highlands Small Business Incubator Appointment to: fill expired term ofl Mike Spiegler Appointment to fill expired term of Gary Lester Appointment to fill expired term of] Donna Bailey Appointment to fill expired term of] Ben Able. On motion by Mr. Owens, seconded by Mr. Anderson, Council reappointed Mike Spiegler to serve an additional term; and appointed Kent Petterson, Sylvia Robbins and Doris Shuman to fill the expired terms of Gary Lester, Donna Bailey and Ben Able. The roll call vote was as follows: Mr. Owens Mr.A Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye 7. Economic Development Authority Appointment to fill unexpired term of Richard Morgan Council tabled the appointment for the Economic Development Authority. 85- August 3, 2020 Regular Meeting 8. Sustain Abingdon Appointment to fill unexpired term of Missy Kalb Appointment to fill the position ofTown Manager On motion by Mrs. Pillion, seconded by Mr. Owens, Council appointed Robyn Raines to the Sustain Abingdon Committee. The roll call vote was as follows: Mr. Owens Mr. Anderson Mrs. Pillion Mrs. Quetsch Mayor Webb Aye Aye Aye Aye Aye Mayor Webb declared the meeting adjourned Webb 7AA Kim Kingsley, Glerk