168-  November 4, 2019 Regular Meeting  TOWN OF ABINGDON REGULAR MEETING  MONDAY, NOVEMBER 4, 2019-6:30PM COUNCIL CHAMBERS-MUNICIPAL BUILDING  Ar regular meeting ofthe Abingdon Town Council was. held on Monday, November4,2019  at 6:30 pm in the Council Chambers, Municipal Building.  A. WELCOME- Mayor Craig  B. ROLL CALL- Kimberly Kingsley, Clerk  Members of Council Present:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  C. PLEDGE OF ALLEGIANCE- = Derek Webb, Councilmember  D. PUBLIC COMMENTS - Please place your name on the sign-up sheet provided and comments are. limited to three (3) minutes per person. (VIDE010:10-19.13)  Billy E. Fullen Samir Patel  E. APPROVAL OF MINUTES (VIDEO 19:26-20:09)  October 1,2019 regular meeting October 16, 2019 work session  On motion by Mr. Bradley, seconded by Mr. Webb, Council approved the October 1,2019 regular meeting and October 16, 2019 work session minutes as presented.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  F.  PROCLAMATION-None    169-  November 4, 2019 Regular Meeting  G. RESOLUTIONS  1.  Resolution regarding the Statewide Virginia's Great Valley-Lewis and Clark Eastern Legacy Trail project - James Morani, Town Manager (VIDEO 20:15-  24:15)  Town Manager Jimmy Morani introduced the Resolution stating that a 2009 grassroots effort to develop and implement a Virginia Great Valley Lewis & Clark Eastern Legacy Trail. Garrett Jackson, Washington County Committee Chair, Virginia's Great Valley-Lewis and Clark Eastern Legacy Trail, presented the history and requested support of the Resolution to be  considered at the General Assembly.  On motion by Mr. Bradley, seconded by Ms. Patterson, Council adopted a Resolution regarding the Statewide Virginia's Great Valley-Lewis and Clark  Eastern Legacy Trail project.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  2.  Resolution accepting Certain Streets into the Town's Street System and Requesting Maintenance Funds from Virginia Department ofTransportation: = James Morani, Town Manager (VIDEO 24:17-26:17)  Town Manager James Morani advised Council that the final inspection was completé and he recommended to accept the public streets in The Meadows, Cook Street Extended and Robertson Road as constructed in accordance with Virginia Department ofTransportation and the  Town's standards.  On motion by Mr. Bradley, seconded by Mr. Webb, Council adopted the Resolution accepting certain streets into the Town's Transportation System  and requesting maintenance funds from VDOT. The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye    170-  November 4, 2019 Regular Meeting  H. PETITIONS, PUBLIC HEARINGS AND FIRST READING OF ORDINANCES- 1. Motion to approve application for a special use permit, pursuant to Section 15-9, Utilization of the flood Hazard district of the Town of Abingdon Zoning Ordinance, proposed construction in the flood hazard district, currently zone B-2 General Business District, located at 322 East Main Street, Abingdon, Virginia, Tax Map No. 013-1-84. Jason Boswell, Director of Planning communicated that the property owner at 322 East Main Street desires to an addition tol his property and after a hydrologic analysis of the impact of an addition to the 1% chance flood elevation under FEMA guidelines as provided by Matt Bundy of Bundy Architecture and Engineering, Inc. Mr. Boswell stated the special use permit was approved by the Planning Commission. Mr. Bradley stated that he was present during this  -Jason Boswell, Director ofPlanning (VIDE076.16-28:59)  Planning Commission.  Mayor Craig declared thej public hearing open for comment. Hearing no comments, Mayor On motion by Mr. Bradley, seconded by Ms. Patterson, Council approved the application for special use permit located at 322 East Main Street as presented.  Craig closed the public hearing.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig SECOND READINGS  Aye Aye Aye Aye Aye  I.  1. Public Hearing - Pursuant to Code of Virginia, 1950, as amended, Section $ 15.2- 2204 and The Code for the Town of Abingdon, Appendix B - Zoning Ordinance, Article 25 - Amendments, Administration and Interpretation, to consider an amendment to Appendix B - Zoning Ordinance, Article 17, Section 17-4, Uses not Cameron Bell, Counsel stated that this matter has been before the Council on several occasions and it basically deletes Section 17-4, Uses not provided for as it is inconsistent with the  providedfor - Cameron Bell, Counsel (VIDEO 29:00 - 30:43)  Town's ordinance and the Virginia code. Craig closed the public hearing.  Mayor Craig declared the public hearing open: for comment. Hearing no comments, Mayor    171-  November 4, 2019 Regular Meeting  On motion by Ms. Patterson, seconded by Mr. Bradley, Council approved the amendment to Zoning Ordinance, Article 17, Section 17-4, Uses not provided  for as presented.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig CONSIDERATION OF BIDS  Aye Aye Aye Aye Aye  J.  1. Authorization to award contracts for on-call engineering services - Tyler Vencill,  Town. Engineer (VIDE030:4-3617,  A. Architectural B. Wastewater  Tyler Vencill, Town Engineer presented information regarding a Request for Proposal for architectural and wastewater treatment and sewage collection engineering. Mr. Vencill requested that Council authorize the Town Manager to enter into competitive negotiation with The Lane Group and Thompson and Litton for architectural services and CHA and Mattern and Craig for  wastewater treatment and sewage collection engineering services.  Mayor Craig announced that his son is a principle with Mattern & Craig and he would On motion by Mr. Webb, seconded by Mrs. Quetsch, authorized the Town Manager to enter into competitive negotiation with The Lane Group for architectural on-call services and execute an agreement: for said services.  abstain from voting.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Abstain    -172- November 4,2019 Regular Meeting  On motion by Mr. Webb, seconded by Ms. Patterson, authorized the Town Manager to enter into competitive negotiation with Thompson & Litton for architectural on-call services and execute an agreement for said services.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Abstain  On motion by Mr. Webb, seconded by Mrs. Quetsch, authorized the Town Manager to enter into competitive negotiation with CHA for wastewater treatment and sewage collection engineering on-call services and execute an  agreement for said services.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Abstain  On motion by Mr. Webb, seconded by Ms. Patterson, authorized the Town Manager to enter into competitive negotiation with Mattern & Craig for wastewater treatment and sewage collection engineering on-call services and  execute an agreement for said services. The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Abstain    - 173-  November 4, 2019 Regular Meeting  K. REPORTS FROM THE TOWN MANAGER/STAFF  1. Confirmation ofJohn Dew, Director of Public Works - James Morani, Town  Manager (VIDEO 36:25-38:39)  Mr. Morani advised Council that subject to the Town's Charter confirmation of a department head and: further stated that Mr. Dew was the most qualified applicant with an excellent  rapport with the staff. Mr. Dew's employment will begin on November 18.  On motion by Mr. Bradley, seconded by Ms. Patterson, confirmed the Town Mamagersappeintment of. John Dew as the Director of] Public Works.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  2. Consideration of] Development Agreement Regarding Extension of Green Spring Road -. James Morani, Town Manager (VIDE038:43-5852) Mr. Morani updated the Council regarding a development agreement regarding extension ofGreen Spring Road withl Marathon Realty regarding possibly funding from Virginia Department ofTransportation should the access and construction eventually become aj publici croad. Discussion ensued between Council, Stephen Spangler with Marathon Realty, Town Engineer Tyler Vencill,  Cameron Bell, Counsel.  Council member Derek Webb declared that he had a personal interest in this transaction pursuant to Code of Virginia, Section 2.2-3112(A)(1), I disqualify myself from participating as Iam employed with K-VA-T Food Stores, Inc.,1 On motion by Mayor Craig, seconded by Mrs. Quetsch, approved the Development Agreement regarding the Extension of Green Spring Road.  Food City Circle, Abingdon, Virginia.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Abstain Aye Aye    174-  November 4, 2019 Regular Meeting  3. Update on' Abingdon Sessions", - James Morani, Town Manager (VIDE058:56- Mr. Morani stated that the agreement has been finalized with the talent procurement and festival coordinator with the artist announcement coming sometime prior to Thanksgiving. Jayne Duehring, Director ofTourism thanked them for the gift to every business in Abingdon and stated  1:03:53)  that she is working to capitalize on the opportunity.  L. OLD BUSINESS MATTERS NOT ON THE. AGENDA  None  M. COUNCIL MEMBER REPORTS (VIDEO 1:04:10-1:10:34)  Mrs. Quetsch stated she attended the grand opening of Food City and attended the first Finance Committee meeting and to become a liaison to the Council. Ms. Patterson announced she attended the Virginia Municipal League educational conference in October and also invited citizens to attend the Veteran's Day Ceremony. Mr. Bradley conveyed that he will be attending the upcoming Capital Improvement Plan meeting on November 7. Mr. Webb stated that he attended the first Finance Committee and hopes to streamline the budget process. Mayor Craig complimented the staff for arranging transportation and signs/banners regarding the election. N. APPOINTMENTS TO BOARDS AND COMMITTEES MIDEO1104S-20223) On motion by Mr. Webb, seconded by Ms. Patterson, moved that the (1) pursuant to the Code of Virginia, 1950, as amended, Section 2.2- 3711(A)(1)1 for the purpose of considering applications for appointment (2) pursuant to $2.2-3711(A)(7) of the Code of Virginia, 1950, as amended, for consultation with legal counsel: and briefings by staffmembers or consultations pertaining to actual or probable litigation where such consultation affect the negotiating or litigation posture oft thej public body, specifically for the purpose (3) pursuant to $2.2-3711(A)(3) of the Code of Virginia, 1950, as amended, for discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or  Abingdon Town Council convene in closed session:  for various committees; and  of discussing Kelly and Icenhour litigation; and  negotiatingstrategy of the public body.    175-  November 4, 2019 Regular Meeting  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  On motion of Mr. Webb, seconded by Ms. Patterson, Council reconvened in open  session.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  Mr. Webb 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. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Iso certify Isoc certify Iso certify Iso certify Iso certify  1. Infrastructure Advisory Committee  Appointment to replace new appointment with term(s) expiring in September 2023, and eligible for reappointment for an additional term  On motion by Mr. Webb, seconded by Ms. Patterson, to appoint Charlene  Truhlik to the Infrastructure Advisory Committee.    1 176-  November 4, 2019 Regular Meeting  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig 2. - Tree Commission  Aye Aye Aye Aye Aye  Appointment to fill the expired term ofNicolas Leidig who isi ineligible to  serve an additional term  On motion by Ms. Patterson, seconded by Mr. Webb, to appoint Muhammad  Hasham to the Tree Commission.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  3. Board of Building Code Appeals  Appointment to fill the expired term ofl Nick Griffith, who isi ineligible to Appointment to fill the expired term of Chris Dye, who isi ineligible to serve  serve an additional term an additional term  On motion by Mr. Webb, seconded by Mrs. Quetsch, to appoint Nathan Berg  and Mike Mason to the Board of Building Code. Appeals.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye    1 177-  November 4, 2019 Regular Meeting  O. Closed Session pursuant to $2.2-3711(A)(7) of the Code of Virginia, 1950, as amended, for consultation with legal counsel and briefings by staff members or consultations pertaining to actual or probable litigation where such consultation affect the negotiating or litigation posture of the public body, specifically for the purpose of discussing Kelly and Closed Session pursuant to $2.2-3711(A)(3) of the Code of Virginia, 1950, as amended, for discussion or consideration oft the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body.  Icenhour litigation.  Mayor Craig adjourned the meeting.  Sey Mayor  Gw Bearh  alas Bbaply