-73-  September 5, 2023 Council meeting minutes  TOWN OF ABINGDON COUNCIL: MEETING  TUESDAY, SEPTEMBER: 5, 2023-6:30 pm COUNCILCHAMBERS-I MUNICIFALBUILDING  The meeting of the. Abingdon Town Council was held on Tuesday, September 5, 2023, at  6:30 pm in the Council Chambers oft the Municipal Building.  A. WELCOME - Mayor Pillion B. ROLL CALL Members of Council Present:  Wayne Austin Donna Quetsch Derek Webb Vice Mayor Anderson Mayor Pillion  C. PLEDGE OF ALLEGIANCE  D. PRAYER  E. APPROVAL OF AGENDA (VIDE03:15-5:02)  On motion of Mr. Austin, seconded by Mrs. Quetsch, modified Section S to add a closed session pursuant to Code of Virginia, Section 2.2-3711(A)(8) for consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provisions of legal advice by such counsel, in addition to Section 2.2-3711(A)(1) for the purposeofconsideringapplications for appointment: for positions on Economic Development Authority,Sustain. Abingdon and/or Sinking Spring Cemetery Committee, and approved the  agenda as amended.  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye Aye  F. APPROVAL OF THE MINUTES (VIDE05:02-5:46)  August 7, 2023  On motion of Mr. Austin, seconded by Mr. Webb, approved the August 7, 2023, minutes as  presented.    - 74-  September 5, 2023 Council meeting minutes  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye  Abstained (was not present for meeting)  G.F PUBLICCOMMENTS (VIDE0547-11:0)  Buch Hutchins David Wallace  H. PROCLAMATIONS (VIDE011:0-143) asl National Suicide Prevention Week  I.  1.1 Proclamation on behalf oft the Veterans Advisory Boar recognizing September 10-1 16, 2023  Mr. Austin read the Proclamation into record. Mayor Pillion presented members of the  Abingdon Veterans Advisory Board with a framed proclamation.  J. PUBLIC HEARING  1.1 Propose special use permit for two comprehensive sign programs. (VIDE014:2-26:0) Located at 238 W. Main St. Abingdon, VA, Tax Map 012-1-127. Five signs will be added to the property illustrating the name of the marketplace and the presence and location of tenants. One sign will go above the main entryway on W. Main St. Another sign will go on the ground level pedestrian entrance on W. Main St. Two signs for tenants will go on the wall facing the Visitor Center closer to Remsburg, and one sign will be Assistant Town Manager and Director ofCommunity Development Mayana Ricej provided Council with information pertaining to a comprehensive sign at "Abingdon Commons" 238 West Main Street. Mrs. Rice advised the Planning Commission unanimously approved the application with a conditional final light plan be submitted into the Community Development Department  located at the entrance from Remsburg.  before approving ofa Sign Permit Application.  Mayor Pillion opened the public hearing. Nathan Burg spoke on behalf of the applicant. Discussion ensued. Hearing no additional comments, Mayor Pillion closed the public hearing. Located at 370 E. Main St. Abingdon, VA, Tax Map 013-1-82. Comprehensive sign at the property of3 370. E. Main St. advertising the entryway to the shared parking area of    -75-  September 5, 2023 Council meeting minutes  Sweet Bay Brewing Company, al bike shop, an adventure retail store, and The Girl & The Assistant Town Manager and Director of Community Development Mayana Rice provided the Council with information about a comprehensive sign at' "East Village" 370 East Main Street. Mrs. Rice advised the Planning Commission to unanimously approved the application with the  Raven. (VIDEO 26:01 -51:51)  following conditions:  Submit for review to the Community Development Department and applicant record a permanent 15 ft. wide easement that links parcels (prior to the approval ofthe sign permit,013-1-82; 0141-9,014-1-24,014-1-25,014-1-24C; ;013-1-143 Submit for review to the Community Development Department and record a permanent easement located between the existing engineering building and the The permanent easement must identify that this area is for vehicular andj pedestrian movement (not only on the recorded document but also on the physical site) The permanent easement must consist of a pavement, concrete or gravel surface The permanent easement documentation must be signed by all property owners The permanent easement documentation will identify the maintenance plan for Submit internal directional signage for traffic flow that includes design, materials, and dimensions to be added to the comprehensive sign package and site plan with Remove The Girl & The Raven open sign and the breakfast, lunch, and pastries signs on 380 E. Main Stret to eliminate sign clutter on E. Main Street prior to Remove the previous signposts located at 370 E. Main Street prior to the approval Submit aj parking plan for spaces for all businesses located int the East Village prior The driveway for 370 E. Main Street shall have angled parking which will Dumpster(s) either existing or new: for all businesses must be fully enclosed and relocated ifi found obstructing an easement prior to approval of the sign permit; A1 final lighting plan be submitted into the Community Development Department An additional easement must be established across parcels 014-1-25 and 014-1-  existing building exiting onto Deadmore Street  and be maintained in perpetuity by the owners; and recorded with each parcel;  easement and the responsible parties for each parcel; the submittal of the Sign Permit Application;  approval of the sign permit; oft the sign permit; to approval of the sign permit;  distinguish this route as a one-way entrance;  prior to the approval ofas sign permit application; and  24B  Mayor Pillion opened the public hearing. Nathan Burg spoke on behalf of the applicant. Discussion ensued. Hearing no additional comments, Mayor Pillion closed the public hearing.    76-  September 5, 2023 Council meeting minutes  2. Proposed Zoning Text Amendment (VIDEO 51:52-1:09:47)  Chapter 44. Article 6. Section 6-1-1-6-1-5  Special Limitations for Specific Uses. The following uses shall be subject to the limitations as Recreational Substances, Retail. Recreational Substances uses (both Retail, Off-Site and Retail,  specified:  On-Site) shall be subject to the following limitations and requirements:  a. b. C. d. f. g. h.  Must be located at least 2,000 linear feet from the property line of any public or Must be located at least 2,000 linear feet from the property line of an existing Recreational Substances use (both Retail, Off-Site and Retail, On-Site); Hours of operation shall be limited to 8am to 8pm, Monday through Sunday; Are not allowed in the Old & Historic District or Entrance Corridor; May be permitted as a special use in parcels zoned B-2 unless visible from the Entrance Corridor road segments of Main Street and Cummings; Are permitted by right in M-1 (Limited Industrial) zones; and This does not apply to grocery stores, gas stations or pharmacies where greater than 75% of sales are: non-recreational substances.  private school (pre-K through Grade 12);  Recreational Substances: Recreational Substances includes the following:  Any product made of tobacco including cigarettes, cigars, smokeless tobacco, and pipe Any noncombustible product containing nicotine or vaping fluid that employs a heating element, power source, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from a solution or other form. Any product, including any raw: materials from hemp that are used for or added to a food or beverage product, that contains hemp and has completed all stages ofp processing needed Kratom, and any product including any raw materials from Kratom that are used for or added to a food or beverage product, that contains Kratom and has completed all stages of Any pipe, vaporizer, other type of device, wrappings, or accessories associated with the consumption or inhalation of the abovementioned substances and materials.  tobacco.  for the product.  processing needed for the product.  Recreational Substances, Retail, Off-Site Use: Any establishment, facility, or location whose business operation involves (i) the retail sale of Recreational Substances and (ii) includes Recreational Substances as 25% or more ofi its total inventory or 15% or more ofi its total display Recreational Substances, Retail, On-Site Use:Any establishment, facility, or location whose  shelfarea,  business operation allows the on-site use of Recreational Substances.    -77-  September 5, 2023 Council meeting minutes  Mayana Rice, Assistant Town Manager and Director of Community Development, conveyed to Council that as Virginia's laws have continued to shift, there has been a proliferation of weed/emplebd/dela 8/mariuanalcannabis vape" shops. She further stated that while the regulation governing these facilities lie in the Code of Virginia allowing for a variety of recreational substances to be sold, sO does the regulation governing Zoning. She advised that the Town currently has not specifically permitted a single cannabis shop and the selling, gifting of cannabis on a commercial platform is illegal. However, a variety of stores which have opened under the guise ofother types ofbusinesses. She said to ensure that the Town's Entrance Corridor is protected from these uses as well, the proposed Zoning Text Amendment limits their locations. Mayor Pillion opened the public hearing. Discussion ensued. Hearing no comments, Mayor Pillion  Discussion ensued. closed the public hearing. J. RESOLUTIONS  1. Resolution approving proposed for two comprehensive sign programs. (VIDEO 1:09:51 Located at 238 W. Main St. Abingdon, VA, Tax Map 012-1-127. Five signs will be added to the property illustrating the name oft the marketplace and the presence and location of tenants. One sign will go above the main entryway on W. Main St. Another sign will go on the ground level pedestrian entrance on W. Main St. Two signs for tenants will go on the wall facing the Visitor Center closer to Remsburg, and one: sign will be Councilman Austin requested that the two comprehensive sign programs be considered On motion of Mr. Webb, seconded by Mr. Austin, approved thel Resolution regarding 238 W. Main Street, subject the Planning Commission  I 1:11:17)  located at the entrance from Remsburg.  separately.  requirements.  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye Aye  Located at 370 E. Main St. Abingdon, VA, Tax Map 013-1-82. Comprehensive sign at the property of370 E. Main St. advertising the entryway to the shared parking area of    78-  September 5, 2023 Council meeting minutes  Sweet Bay Brewing Company, a bike shop, an adventure retail store, and The Girl & The Discussion continued regarding additional easement and a solution to address the Park Ar motion moved by Mr. Webb regarding the approval of the proposed Resolution for 370 E. Main Street, subject to thel Planning Commission On motion of] Mr. Austin, seconded by Vice Mayor Anderson, to table the matter for additional consideration, as it is a great concept, in hopes of viable  Raven. (VIDEO 1:11:18-1 1:34:28)  and Deadmore Streets traffic.  restrictions. The motion did not receive a second.  alternates.  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye Aye  2. Resolution supporting the application for Transportation Alternative Funds for the Park Street Improvements, Phase 2 Project - Michael Surrett, Director ofPublic Works  MDE013423-13602)  Michael Surrett, Director of Public Works requested the Council approve this Resolution as it  wasi required for the application for Transportation Alternative Funds.  On motion of] Mrs. Quetsch, seconded by Mr. Webb, to adopt the Resolution  as presented.  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye Aye  3. Resolution supporting the application for Highway Safety Improvement Program Funds for Safety Initiative Projects - Michael Surrett, Director ofi Public Works (VIDE01:36:03  -1:36:55)    - 79-  September 5, 2023 Council meeting minutes  Michael Surrett, Director of Public Works requested the Council approve this Resolution as it was required for the application for Highway Safety Improvement Program Funds for Safety  Initiative Projects, for either crosswalks or road diet projects.  On motion of Mr. Webb, seconded by Vice Mayor Anderson, to adopt the  Resolution as presented. The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor. Anderson Mayor Pillion  Aye Aye Aye Aye Aye  K. FIRST READING OF ORDINANCES MDE0136:36-13739,  1. Consideration of proposed zoning test amendment to Chapter 44. Article 6. Section 6-1-1 through 6-1-5- Mayana Rice, Asst. Town Manager and Director ofCommunity Development Special Limitations for Specific Uses. The following uses shall be subject to the limitations as Recreational Substances, Retail. Recreational Substances uses (both Retail, Off-Site and Retail,  specified:  On-Site) shall be subject to the following limitations and requirements:  a. b. C. d. f. g. h.  Must be located at least 2,000 linear feet from the property line of any public or Must be located at least 2,000 linear feet from the property line of an existing Recreational Substances use (both Retail, Off-Site and Retail, On-Site); Hours of operation shall be limited to 8am to 8pm, Monday through Sunday; Are not allowed in the Old & Historic District or Entrance Corridor; May be permitted as a special use in parcels zoned B-2 unless visible from the Entrance Corridor road segments of Main Street and Cummings; Are permitted by right in M-1 (Limited Industrial) zones; and This does not apply to grocery stores, gass stations or pharmacies where greater than 75% of sales are non-recreational substances.  private school (pre-K through Grade 12);  Recreational Substances: Recreational Substances includes the following:  Any product made of tobacco including cigarettes, cigars, smokeless tobacco, and pipe Any noncombustible product containing nicotine or vaping fluid that employs a heating element, power source, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used toj produce vapor from a solution or other form.  tobacco.    80-  September 5, 2023 Council meeting minutes  Any product, including any raw materials from hemp that are used for or added to a food orl beverage product, that contains hemp and has completed all stages of processing needed Kratom, and any product including any raw materials from Kratom that are used for or added to ai food or beverage product, that contains Kratom and has completed all stages of Any pipe, vaporizer, other type of device, wrappings, or accessories associated with the consumption ori inhalation ofthe abovementioned substances and materials.  for the product.  processing needed for the product.  Recreational Substances, Retail, Off-Site Use: Any establishment, facility, or location whose business operation involves (i) the retail sale of Recreational Substances and (ii) includes Recreational Substances as 25% or more ofi its total inventory or 15% or more ofi its total display Recreational Substances, Retail, On-Site Use: Any establishment, facility, or location whose  shelfarea.  business operation allows the on-site use of Recreational Substances.  Mayor Pillion questioned shall the proposal bei rejected. The matter was moved to as second  reading.  L. SECOND READING OF ORDINANCES (VIDEO 1:37:38-1 1:52:12)  1. Consideration of proposed amendment to the Town of Abingdon Code of Ordinances, Chapter 58 Solid Waste - Mayana Rice, Asst. Town Manager and Director ofCommunity  Development  Mayana Rice, Asst. Town Manager and Director of Community conveyed the purchasers now own the trash container, and ift the Town damages it, it is the Town's responsibility to replace or repair it. It also provides specifical thresholds for commercial services toi require a commercial dumpster. Also, if the business had multiple cans being grandfathered in, those will remain the same. The brush and bulk trash fee will be two key services the Town provides weekly and a part oft the solid waste fee. The reference to the bi-annual fee was removed. Mr. Austin conveyed that he felt any fees should be determined by the Town Council as they answer the residents.  Discussion ensued.  On motion of Mr. Austin, seconded by Mrs. Quetsch, adopt as amendments to Section 58-45(a) Collection Charges that previously provided that the fees were to be established by the' Town Council that was proposed to be changed that it was to be the Town Manager or designee, be that it referred to the Town Council instead ofTown Manager or designee to set those rates in the  future.    81-  September 5, 2023 Council meeting minutes  Mr. Austin further stated I make this clear, I'm not at all critical about the need for the increase, it was well founded Mr. Cochran does a good job and I commend him for that, and I  know it was necessary.  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye Aye  M. CONSIDERATION OF BIDS N. NEW BUSINESS O. OLD BUSINESS  P. MISCELLANEOUS BUSINESS AND COMMUNICATIONS FROM TOWN MANAGER  (VIDE01:52:19-1 1:56:11)  Town Manager Mike Cochran addressed a public comment and will communicate to the Virginia Department of Transportation regarding the debris concern at Exit 17. Mr. Cochran conveyed that Exit 14 (Main and Old Jonesboro Road) traffic flow was handled by the Virginia State Police and the intersection now functions better. Also, the crane has been removed from the Washington County Courthouse construction and he thanked Chief Holbrook and Director of Public Works Michael Surrett for their assistance. Also, the Town's website has been updated to  show the status of ongoing projects.  Q.COUNCIL MIEMBER REPORTS (VIDEO 1:56:12-1:57:23)  Mayor Pillion announced a volunteer Washington County Day of Service for October 14th and encouraged everyone to get involved. She said more information would be available soon. R. APPOINTMENTS TO BOARDS AND COMMITTEES (VIDEO 1:57:24-2:33:10)  1. Economic Development Authority 2. Sustain Abingdon  4 Appointment to fill the unexpired term of] Nate Burg 4 Appointment to fill the unexpired term of Robin Raines -Appointment to fill the unexpired term of Richard Morgan  3. Sinking Spring Cemetery Committee  On motion of Mr. Austin, seconded by Mrs. Quetsch, to convene in closed session as permitted by Virginia Code Section 2.2-3711(A)(8), for consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the    82-  September 5,2023 Council meeting minutes  provisions of legal advice by such counsel, and pursuant to Section 2.2-3711(A)(1) for the purpose of considering applications for appointment for positions on the Economic Development Authority, Sustain Abingdon and/or Sinking Spring Cemetery Committee.  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor. Anderson Mayor Pillion  Aye Aye Aye Aye Aye  On motion of Mr. Austin, seconded by Mrs. Quetsch to reconvene in open session.  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye Aye  Mr: Austin moved that the Town Council certify that in closed session just concluded, nothing was discussed except the matter or matters specifically identified in the motion to convene in closed. session and lawfullypermited, to be discussed under the provision ofthe  Virginia. Freedom of Information. Act cited in that motion.  The roll call vote was as follows:  Mr. Austin Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Iso certify Iso certify Iso certify Iso certify Iso certify  On motion of Mrs. Quetsch, seconded by Vice Mayor Anderson, appointed Allison Mays to the Economic Development Authority, and Jacob King to the Sustain Abingdon  committee.  The roll call vote was as follows:  Mr. Austin  Aye    - 83-  September 5, 2023 Council meeting minutes  Mrs. Quetsch Mr. Webb Vice Mayor Anderson Mayor Pillion  Aye Aye Aye Aye  Council: requested that position for Sinking Spring Cemetery be readvertised.  S. CLOSED SESSION (see Item R)  Mayor Pillion declared the meeting adjourned.  Aghud CRline  Mayor. Amanda Pillion  mbulut Kimberly Kipgsley,  oslwr