-115- July y1,2019 Regular Meeting Barter Theatre  TOWN OF ABINGDON REGULAR MEETING MONDAY,JULY1,2019-630PM BARTER THEATRE  A regular meeting of the Abingdon Town Council was held on Monday, July 1, 2019 at  6:30 pm at the Barter Theatre. 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, Council. Member  D. PUBLIC COMMENTS - Please place your name on the sign-up sheet provided and comments are. limited to three (3) minutes per person. (VIDE08:53-49:17  Sherry Taylor Joyce Wise Dodd Paul Blaney Richard Macbeth RoffH Hillman Roman Blevins Stephen Spangler John Crigger Cathy Lowe Sidney Vaught Dyer Moss Steve Smith Mary Haviland David Winship Chris Walters Becky Caldwell Kristin Young    -116- July 1,2019 Regular Meeting Barter Theatre  E. APPROVAL OF MINUTES (VIDEO 49:18-49:58)  June 3, 2019 Regular Meeting 2019 minutes as presented.  On motion by Ms. Patterson, seconded by Mr. Webb, Council approved the June 3,  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  F.  RESOLUTION- (VIDE049:59-56.49)  1. Al Resolution of the Council for the Town of Abingdon honoring and recognizing Wayne Miller for his dedication to the Virginia Creeper Trail - Jayne Duehring, Director ofTourism and Lisa Quigley, Executive Director of Virginia Creeper  Trail Conservancy  Jayne Duehring, Director ofTourism read the read the Resolution honoring Wayne Miller for his dedication to the Virginia Creeper Trail. Jayne Duehring and Lisa Quigley presented the frame  Resolution tol Mr. Miller.  On motion by Ms. Patterson, seconded by Mr. Bradley, Council approved the  Resolution as read honoring Wayne Miller. The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Aye Aye Aye Aye Aye  G. CONSIDERATION OF APPEAL - MDE0S6.S-111:45)  1. Consideration of appeal of the Certificate of Appropriateness: (COA) approved by the Planning Commission on May 20, 2019, for Thom Crosby, CroBar LLC regarding Pal's Sudden Service facility filed on behalfo oft the Friends of Abingdon, Inc. -  Cameron Bell, Counsel    -117- July1,2019 Regular Meeting Barter Theatre  Cameron Bell, Counsel summarized the matters set forth ini the appeal ofthe Certificate of Appropriateness filed on behalf of the Friends of Abingdon, Inc. to include violation of Section 18-9-8 (c) 1 and Section 18-9-8 (c) 60 ofthe Entrance Corridor Overlay District; violation of the Special Use Permit application and Declaration of Restrictive Covenants; and that the Planning Commission undertook extensive reviews and evaluations for the Marathon Realty Certificate of Appropriateness application, the Eastman Credit Union Certificate of Appropriateness and Holiday Inn Express and Suites regarding compliance with the requirements of Article 18-9-8 (c) 1t that the material, color and general style of the buildings within a development should be  coordinated.  Mayor Craigi invited a representative ofthe Friends of Abingdon, Inc. toi make a statement. No one spoke on behalfo of the Friends of Abingdon, LLC. Mayor Craigi invited Thom Crosby of CroBar, LLC1 to speak. Mayor Craig invited members ofthel Planning Commission to speak. No  one spoke on behalf of the Planning Commission.  Cameron Bell advised Council that the idea behind an appeal is that a party applying for the Certificate of Appropriateness or also gives an appeal right to a party aggrieved. He further stated that the Friends of Abingdon did not appear inj person apparently toj provide any basis fori its standing toi raise this appeal and the appeal documents did not supply any basis for how the Friends of Abingdon were aggrieved by this decision. Mr. Bell continued with further statements and stated that it does not appear that thel Friends ofAbingdon, Inc. have standing tos support the appeal. Mr. Bell added that the' Town Manager received a document today from the Friends of Abingdon of having and purporting to be an amended appeal however does not appear to be an attempt to file the amended appeal as it was handed out in a discussion meeting with Town representatives. Mr. Bell stated that it appears that the purported amended appeal dated July 1, 2019 is untimely pursuant to having Zoning Ordinance Section 18-9-9 that must be filed within thirty (30) days of the decision of the Planning Commission. Additional discussion by Mr. Bell ensued.  Council member Al Bradley stated that the Planning Commission deliberated on this matter for quite a while and realized that the Zoning Ordinance in this regard is improperly constituted with no guidelines from which the Planning Commission to make ai reasonable decision other than to approve the application. Mr. Bradley stated that revisions have begun to affect future  developments.  On motion by Mr. Webb, seconded by Mrs. Quetsch, Council find that Friends of Abingdon, Inc. ("FOA"), lacks standing to make this appeal because FOA is not a "party aggrieved" by the May 20, 2019 Planning Commission approval of the Certificate of Appropriateness; but notwithstanding the FOA's lack of standing and without waiving that basis; that, Town Council affirm the May 20, 2019 Planning Commission approval of the Certificate of Approval on the basis that the Planning Commission approval was not arbitrary or capricious, but was made after a substantive discussion of the Historic District Entrance Corridor Overlay District Ordinance ("Overlay District"), a September 11, 2015 Special Use Permit which refers to the Overlay District Ordinance and Declaration of Restrictive Covenants    -118- July 1,2019 Regular Meeting Barter Theatre  and Reciprocal Access Easement Agreement ("Restrictive Covenants"). And further that the Planning Commission decision was not arbitrary or capricious as applied to Sections 18-9-8(c)(1), regarding coordination of the buildings in the development, Section (C)(6), regarding trademark buildings, the Special Use Permit which refers to the Overlay District or the Restrictive Covenants; Town Council deny the purported Amended Appeal dated July 1, 2019, as untimely pursuant to Abingdon Zoning Ordinance Section 18-9-9 that must be filed with the Town Manager within thirty (30) days of the decision of the Planning Commission and also that the remedy sought by this purported Amended Appeal is not a proper exercise of Town Council Ms. Patterson thanked everyone for attending and exercising right ofs speech and stated that there were some issues in thej past with some businesses that she felt was not friendly and fair and would share what she could. Ms. Patterson further stated that the Council has recommended to the Planning Commission that some Ordinances be changed sO that it is fair for all businesses to participate in building in the same way that they need toj participate tol be fair to every business. Mayor Craig spoke in favor ofMr. Webb's motion stating that Pal's was not because ofa lot ofr reasons Ms. Patterson brought up, but the Council's role is not to mess with the Planning Commission's business but Council's role is to exercise oversight. Mayor Craig stated that he viewed the action by the Town's Planning Commission and found they discussed this matter very thoroughly, deliberated and took everything very seriously, actingi in a] professional manner. Mayor Craig stated that he supported this because it is beneficial to the Town and he does not think it violates any ordinances and further stated that he has reviewed the Town's Ordinances and the Friends of Abingdon's petition (appeal) finding no evidence whatsoever that the Planning Commission acted in an arbitrary and capricious manner. Mayor Craig thanked the Planning  authority sitting as an appellant body.  Commission for the fine job for serving.  Theroll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig  Abstained Aye Aye Aye Aye  (Voted in favor of] Pal's as amember of the Planning Commission)  H.  PETITIONS, PUBLIC HEARINGS AND FIRST READING OF ORDINANCES- 1. Public Hearing regarding application for a special use permit, pursuant to Section 17- 3 of the Town of Abingdon Zoning Ordinance, proposed construction of automobile  (VIDEO 1:18:08-1 1:20:24)    -119- July 1,2019 Regular Meeting Barter Theatre  repair, reconditioning and body shop, currently zoned M-1 Industrial District, located at 550 Lowry Drive, Tax Map No. 018-20-2. -J Jason Boswell, Director ofPlanning Jason Boswell, Director of Planning presented Council with information for Special Use Permit pursuant to Section 17-3 of the Town of Abingdon Zoning Ordinance and Article 13, Section 13-2-9 of the M-1 Limited Industrial District. Mr. Boswell stated that the applicant is requesting a 4800 square foot, 3-bay auto repair shop for a small local trucking company to be at 550 Lowry Drive. Mr. Boswell stated that the Planning Commission unanimously approved the  application at the May 20, 2019 meeting.  Mayor Craig declared the public hearing open. Hearing no comments, Mayor Craig closed  the public hearing.  Oni motion by Mr. Bradley, seconded by Ms. Patterson, Council recommended that we: follow the recommendations of the Planning Commission.  The roll call vote was as follows:  Mr. Bradley Mrs. Quetsch Mr. Webb Ms. Patterson Mayor Craig SECOND READINGS-None CONSIDERATION OFI BIDS-None K. REPORTS FROM' THE TOWN MANAGER  Aye Aye Aye Aye Aye  I. J.  1.  Presentation by the Virginia Chapter of Overmountain Victory Trail Association Joella Johnson Barbour, President (VIDEO 1:20:31 - 1:20:50)  Mayor Craig stated that the representative could not bej presented and would continue this  matter to another time. 2.  Consideration of work session dates for August - December, 2019. - James  Morani, Town Manager (VIDEO 1:20:51 -1 1:29:45)  After discussion, the following dates were agreed upon for Council meetings and work  sessions:    - 120- July1,2019 Regular Meeting Barter Theatre  August 15, 2019 at 5:00 pm September 3, 2019 at 6:30 pm September 18, 2019 at 2:30j pm October 1,2019 at 6:30j pm October 16, 2019 at 2:30 pm November 4, 2019 at 6:30 pm November 12, 2019 at 2:30 pm December 2, 2019 at 6:30j pm December 19, 2019 at 2:30 pm  L. OLDB BUSINESS - MATTERS NOT ON THE AGENDA  M. COUNCIL MEMBER REPORTS (VIDE01 1:29:56-1:31:48)  Mr. Bradley stated that he attended the Planning Commission and other meetings. Ms. Patterson stated that she attended lots ofmeetings, ribbon cutting and a reception honoring government employees for years of service. Mayor Craig thanked Ms. Patterson for attending  the ribbon cuttings. Mr. Webb stated that he was always busy.  James Morani, Town Manager thanked the Barter and Town staff for their hard work in  moving tonight's meeting.  N. APPOINTMENTS TO BOARDS AND COMMITTEES MDE013148-15515)  1.  Planning Commission -  Appointment to fill the expired term ofH H. Ramsey White, Jr. or reappointment of  H. Ramsey White, Jr. for an additional four year term.  2. Sinking Spring Cemetery Committee-  Appointment to fill expired term of Wayne Miller, who is ineligible to serve an  additional term. 3. Tree Commission -  Reappointment of Cindy Patterson, who is eligible to serve an additional term. IfCouncil SO desires, Closed Session pursuant to the Code of Virginia, 1950, as amended, Section 2.2-3711(A)()) for the purpose of considering applications for appointment for    -121- July1,2019 Regular Meeting Barter Theatre  position on Planning Commission, Sinking Spring Cemetery Committee and/or Tree On motion by Mr. Bradley, seconded by Ms. Quetsch, moved that the (1)pursuant to $2.2-3711(A)7) oft 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 orl briefingi in open meeting would adversely affect thei negotiating or litigating posture of the public body, namely Berry V. Town of Abingdon, et (2) pursuant to the Code of Virginia, 1950, as amended, Section 2.2-3711(A)(1) for the purpose of considering applications for appointment for position on Planning Commission, Sinking Spring Cemetery Committee and/or Tree  Commission.  Abingdon Town Council convene in closed session:  al; and  Commission.  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 Ms. Patterson, seconded by Mr. Bradley, 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. Bradley 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  Iso certify Iso certify    -122- July1,2019 Regular Meeting Barter Theatre  Mr. Webb Ms. Patterson Mayor Craig  Iso certify Iso certify Iso certify  On motion by Ms. Patterson, seconded by Mrs. Quetsch, Council appointed Kirk Sproles to fill the expired term ofH. Ramsey White, Jr. 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  On motion by Mr. Bradley, seconded by Mr. Webb, Council reappointed Cindy Patterson to serve an additional term on 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  0. CLOSED SESSION (VIDE01:31:48-1 15229,05518-15615)  Pursuant to 92.2-3711(A)(7) of the Code of Virginia, 1950, as amended, for the consultation with legal counsel and briefings by staffr 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 Berry V. Town of Abingdon, et al, Case No. 191CLI9000989-00, Washington County, Virginia On motion by Mr. Bradley, seconded by Ms. Quetsch, moved that the (1)pursuant to $2.2-3711(A)(7) oft 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 orl briefing in open meetingwould adversely affect the negotiating  Circuit Court.  Abingdon Town Council convene in closed session:    -123- July1,2019 Regular Meeting Barter Theatre  or litigating posture of thej public body, namely Berry V. Town of Abingdon, et (2) pursuant to the Code of Virginia, 1950, as amended, Section 2.2-3711(A)(1) for the purpose of considering applications for appointment for position on Planning Commission, Sinking Spring Cemetery Committee and/or Tree  al; and  Commission.  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 Ms. Patterson, seconded by Mr. Bradley, 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. Bradley moved that the Town Council certify that, in closed sessionj 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 Iso certify Iso certify Iso certify Iso certify  On motion of Mr. Bradley, seconded by Mr. Webb, Council authorized the Town to enter into the settlement of the matter of Berry VS. Town of Abingdon and others, and to pay $12,155.28 from any appropriate funds, authorize the Town attorney to draft appropriate documents and the' Town Manager to sign  those documents.    - 124- July 1,2019 Regular Meeting Barter Theatre  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.  Saig  %.62o4e Wayne Craig, Mayor  4 4 Kimberly Kingsles Clerk