140- -  September 3, 2019 Regular Meeting  TOWN OF ABINGDON REGULAR MEETING  TUESDAY,SEPTEMBER: 3, 2019. - 6:30PM COUNCIL CHAMBERS-A MUNICIPAL BUILDING  Ar regular meeting ofthe Abingdon Town Council was held on' Tuesday, September3,2019  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- Al Bradley, Councilmember  D. PUBLIC COMMENTS - Please place your name on the sign-up sheet provided and comments are limited to three (3) minutes per person. (VIDE06:50-11:24)  Byrum Geisler  E. APPROVAL OF MINUTES (VIDEO 11:26-12:04)  August 5, 2019 regular meeting August 15, 2019 work session  On motion by Mr. Bradley, seconded by Ms. Patterson, Councilapproved the August 5,2019 regular meeting and August 15, 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    -141- September 3, 2019 Regular Meeting  F. PROCLAMATION  1. Celebration oft the Constitution started by Daughters oft the American Revolution- Cindy Patterson, Vice Mayor read the Proclamation for the record and presentation was made Lila Thurmond, to Daughter oft the American Revolution member and Cheryl Carter,  Cindy Patterson, Vice. Mayor (VIDE012:06-1533)  regent of] District IV local chapter.  2. World Duchenne Awareness Day September 7, 2019 - Derek Webb, Council  Member (VIDEO 15:35-17:26)  Council member Derek Webb read the Proclamation for the record.  G. RESOLUTION-(VIDE01728-22.52)  1. Resolution oft the Council for the Town of Abingdon regarding the Washington 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 in Agenda Item G-1"A Resolution of the Council for the Town of Abingdon regarding the Washington County Courthouse" I am employed, as well as my wife, with K-VA-T Food Stores, Inc., 1 Food City Circle, Abingdon, Virginia, which is an affiliated company of the applicant, and our salaries derived from said employment may reasonably be expected Mayor Craig read thel Resolution setting forth that the' Town Council of Abingdon, Virginia opposes the relocation of the Washington County Courthouse to the former Kmart site and supports renovation and expansion of the existing courthouse facilities. Discussion ensued. Oni motion by Mr. Bradley,seconded by Ms. Patterson, to adopt thel Resolution  County Courthouse - Mayor Wayne Craig  to exceed $5,000.  as read.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Abstain Aye Aye    -142- September 3,2019 Regular Meeting  H. PETITIONS, PUBLIC HEARINGS AND FIRST READING OF ORDINANCES-  1. Public Hearing - First Reading ofOrdinance- - Pursuant to Code of Virginia, 1950, as amended, Section 15.2-2204, consideration of an Ordinance of the Council oft the Town of Abingdon, Virginia to enact an Infrastructure Advisory Committee, Chapter 62, Streets, Sidewalks and Other Public Places, Article VI, Section 62-108 - Cameron Cameron Bell, Counsel stated that there has been an informal committee and it was discussed at work sessions numerous time to formalize that committee in this Ordinance. Mayor Craig declared the public hearing open for comment. Hearing no comments, Mayor Mr. Bell stated that since this was not an emergency that a second reading of the Ordinance was necessary. Mayor Craig stated the second reading would be held at the next regular meeting.  Bell, Counsel (VIDE022:56-24:5-)  Craig closed the public hearing.  Counsel had no questions regarding the Ordinance.  2. Public Hearing - First Reading of Ordinance- 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 consideration of an Ordinance of the Council oft the Town of Abingdon, Virginia to amend Zoning Ordinance, Article 18, Site Plan Review; Section 18-91 Historic District Entrance Corridor Overlay District - Cameron Bell, Counsel (VIDEO 24:31 -27:57) Cameron Bell, Counsel stated that Council has discussed this matter several times and was referred to the Planning Commission, where it was discussed at several meetings, and informally discussed at the last work session meeting. This proposed Ordinance is a result of all those discussions primarily as it eliminates some oft the roadways previously indicated as entry corridors ini the overlay district that did not apply as to the statute and allow more detail for use by staff and also applicants to understand tol have an overarching and consistent application ofrules. Mr. Bell suggested one amendment to the proposed Ordinance, Section 18-9-9 to amend as "design review  guidelines".  Mayor Craig declared the public hearing open for comment. Hearing no comments, Mayor Mayor Craig asked if the proposed amendment as Mr. Bell suggested was acceptable.  Craig closed the public hearing.  Mayor Craig stated the second reading would bel held at the next regular meeting.  I.  SECOND READINGS - None    -143- September 3,2019 Regular Meeting  J.  CONSIDERATION OF BIDS  1. Consideration of award of contract for Creeper Trail Trestle Study Derick. Lester, Kevin Worley, Director ofOutdoor Parks and Recreation, presented al Request for] Proposal for Professional Services for Trestle Engineering Study to perform structural engineering studies on six bridges along the Virginia CreeperTrail. Mr. Worley stated that after a selection committee evaluated/scored proposals and interviewed the three highest ranking firms, it was deemed that Mattern & Craig was the most qualified and advantageous for the Town's desired services. Trust was earmarked to complete this study and would mature in January, 2020.  Engineering Tech. - Public Works (VIDE028:00-3 35:04)  Mr. Worley stated that a certificate of deposit in the amount of $32,000 with First Bank & Mr. Worley requested that Council authorize the Town Manager to execute any and all documents to enter into a contract with Mattern & Craig in the amount of $31,500 to perform  structural studies beginning mid-October.  Mr. Bradley requested that Mayor Craig explain his relationship with Mattern & Craig. Mayor Craig stated that he had no relationship with Mattern & Craig except that his son is a principle in Mattern & Craig. Mr. Craig stated that his son does not live withl him and hel has no financial interest inl Mattern & Craig or any other operations. Mr. Craig stated that he has social  talk with his son and declared that he would abstain from the vote.  On motion by Mr. Bradley, seconded by Ms. Patterson, to authorize the' Town Manager to enter into a contract in the amount of $31,500 with Mattern & Craig for professional services to perform structural engineering studies on  six bridges along the Virginia Creeper Trail. The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Abstain  K. REPORTS FROM THE TOWN MANAGER/STAFF  1. Presentation regarding "The Way to. Play" Premiere - Jayne Duehring, Director of Jayne Duehring, Director ofTourism announced that Amanda Livingston has been named Assistant Director of Tourism and will be managing the staff. Mrs. Duehring also introduced  Tourism (VIDE035:08- -4 48:02)    -144- September 3,2019 Regular Meeting  Jackie Johnson as the new Senior Advancement Manager and Director of External Affairs for  Barter Theatre.  Mrs. Duehring also revealed redesigned marketing material for the Town's Tourism 2. Approval of the application for Certificate of Appropriateness; Marathon Realty Corp. P.O. Box 1158, Abingdon, VA 24212: Owner. COA for approval of the Final Plat to subdivide the property into two parcels, 1) containing 1.221t acres, 2) containing 1.461t acres. Located att the Meadows development-Lot: 9, Parcel 9A and 9B. Tax Map ID 021-8-9. - Jason Boswell, Director ofPlanning (VIDEO 48:07-50:45) Council member Derek Webb declared that he had a personal interest in this transaction pursuant to Code of Virginia, Section 2.2-3112(A)(), I disqualify myself from participating in Agenda Item J-2"Approval of the application for CmifaiafAppplatae: Marathon Realty Corp.for: approval ofthe Final Plat to subdivide property into two parcels, located at The Meadows development - Lot9". Iam employed, as well as my wife, with K-VA-T Food Stores, Inc., 1 Food City Circle, Abingdon, Virginia, which is an affiliated company oft the applicant, and our salaries derived from said employment may  Department. Discussion ensued regarding tourism revenue.  reasonably be expected to exceed $5,000.  Jason Boswell, Director of Planning advised Council that Marathon Realty Corp. Application for Certificate of Appropriateness for approval ofthe Final Plat to subdivide property into two parcels, (1) containing 1.221 acres and (2) containing 1.461t acres, located in The Meadows development, Lot 9, Parcel 9A and 9B, tax mapi number 021-8-9. Mr. Boswell stated that the Planning Commission unanimously approved the final plat as presented at the. August 26, 2019 meeting and referred to the Town Council for approval with staff recommending approval  for ai minor subdivision.  On motion by Mr. Bradley, seconded by Mrs. Quetsch, to approve the final  plat for Marathon Realty.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Abstain Aye Aye    -145- September: 3,2019 Regular Meeting  3. Report on the Town's response to Washington County regarding the zoning determination of a "Courthouse" in B-2 General Business District -. Jason Boswell, Jason Boswell, Director of Planning stated that as his capacity as an administrator for the Town that he responded to the County administrators' letter dated August 14 concerning the zoning determination regarding the county'sinterpretation ofcourthouse being defined as aj public office and thus being aj permitted use by right in the B-2 General Business. Mr. Boswell further stated that in his response, I noted that the Town Council included courthouses, a specific use permitted use in a specific zoning Old and Historic while including public offices as a separate permitted use in a specific separate zoning districts office and institutional B-1General Business District and B-2 General Business. Mr. Boswell's interpretation is that courthouse and public offices have separate use and distinct meanings and that the courthouse is only a permitted use within sub-district four of the Old and Historic District and not a permitted use within the two general business districts. Discussion ensued regarding the sub-districts of the Old and Historic  Director ofPlanning (VIDEO 50:49-54:15)  District.  4. Motion to refer proposal approved by Planning Commission to remove Section 17-4. Uses not provided for from the Town of Abingdon Zoning Code - James Morani, James Morani, Town Manager updated Council with regard to Planning Commission recommendation to refer a zoning text amendment, specifically to remove Town of Abingdon Zoning Code, Section 17-4 Uses not provided. for. Mr. Morani stated that the Town's code is inconsistent with state statute. Mr. Morani stated that he would recommend the Council refer the  Town. Manager (VIDEO: 54:19-57:38)  proposed amendment back to the Planning Commission for consideration.  On motion by Mr. Bradley, seconded by Ms. Patterson, to refer the matter to  the Planning Commission  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  5. Update on Sports Complex - James Morani, Town Manager VIDE057.38-59.10) Jimmy Morani, Town Manager advised Council there has been al lot ofwork completed on site preparation and within the next 10 - 12 weeks fill will continue to be placed once the final grade is established that information can be included in the final bid documents. Mr. Morani also stated that Davenport & Associates has issued the Request for Proposals regarding the bond issue  and the responses are due on September 11,2019.    1 146- September 3, 2019 Regular Meeting  L. OLD BUSINESS - MATTERS NOT ONTHE. AGENDA M. COUNCIL MEMBER REPORTS MVIDE0S918-10151)  Mr. Bradley reported that he continued to attend his usual meetings and Council work this past month. Mrs. Quetsch was thankful to be allowed to serve. Ms. Patterson stated that has attended lots ofmeetings and ribbon cuttings and continues to conduct day-to-day business for the Town Council, including matters pertaining tot the Courthouse. Mr. Webbs stated that was involved in the selection of the engineering firm and was very excited about the Virginia Creeper Trail. N. APPOINTMENTS TO BOARDS AND COMMITTEES (VIDEO 1:01:55-  Mayor Craigjoked that he was busy reporting to Joe Tennis.  On motion by Mr. Webb, seconded by Mr. Bradley, moved that the. Abingdon (1) pursuant to the Code of Virginia, 1950, as amended, Section 2.2- 3711(A)(1) for the purpose of considering applications for appointment for various (2) pursuant to $2.2-3711(A)(7) of the Code of Virginia, 1950, as amended, for the consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, namely Kelly and. Icenhour V. Town ofAbingdon.  Town Council convene in closed session:  committees; and  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  On motion ofl Mr. Bradley, 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    -147- September 3, 2019 Regular Meeting  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 ofInformation Act cited in the motion. The certification was as follows: Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Iso certify Iso certify Iso certify Iso certify Iso certify  On motion by Ms. Patterson, seconded by Mr. Webb, Council appointed Wayne Austin to fill the expired term ofl Matthew T. Bundy; and reappoint John P. Kelly and Richard Macbeth for an additional term to the Board of Zoning Appeals.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  On motion by Mr. Bradley, seconded by Ms. Patterson, Council appointed Joel Hortenstine to fill the expired term of Wayne Miller; and reappoint Mike Farris and Sigrid Phillips for an additional term to the Sinking Springs Cemetery  Committee.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  On motion by Mr. Webb, seconded by Mrs. Quetsch, Council appointed Ashby Dickerson to fill a vacant position with the term expired in January 2021 to the  Sustain Abingdon committee.    148 -  September: 3, 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 by Mr. Webb, seconded by Mrs. Quetsch, Council appointed David Childress and Amanda Pillion to fill the expired terms of Scott Wilson and  Jennifer Ramseyer to the Recreation Advisory Committee.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  Mayor Craig adjourned the meeting.  Bsee  Kimberly Kingsley