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HomeMy Public PortalAbout2019_tcmin1126COUNCIL MEETING November 26, 2019 Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Burk presiding. Council Members Present: Ron Campbell, Thomas Dunn (arrived at 7:18 p.m.), Suzanne Fox, Vice Mayor Marty Martinez (arrived at 7:08 p.m.), Neil Steinberg, Joshua Thiel, and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Barbara Notar, Deputy Town Manager Keith Markel, Finance and Administrative Services Director Clark Case, Director of Planning and Zoning Susan Berry Hill, Director of Plan Review Bill Adman, Director Parks and Recreation Rich Williams, Director of Public Works Renee LaFollette, Airport Director Scott Coffman, Economic Development Director Russell Seymour, Information Technology Director Jakub Jedrzejczak, Leesburg Police Chief Greg Brown, Deputy Director of Planning & Zoning Brian Boucher, Information Technology Deputy Director John Callahan, Deputy Director and Treasurer of Finance and Administrative Services Lisa Haley, Deputy Director of Utilities Patrick Moore, Capital Projects Senior Engineer Anne Geiger, Zoning Administrator Michael Watkins, Land Acquisition Manager Keith Wilson, Information Technology Senior Systems Architect - Enterprise Systems & Infrastructure Bill McIntyre, and Clerk of Council Eileen Boeing. AGENDA 1. CALL TO ORDER 2. INVOCATION was given by Council Member Thiel. ITEMS 3. SALUTE TO THE FLAG was led by Council Member Campbell and his three and a half -year old granddaughter Miss Riley Christine Campbell (visiting from Pigeon Forge, TN, with her parents Mr. and Mrs. Joshua and Pam Campbell). 4. ROLL CALL Vice Mayor Martinez arrived at 7:08 p.m. and Council Member Dunn arrived at 7:18 p.m. 5. MINUTES a. Regular Session Minutes of October 22, 2019 MOTION2019-224 On a motion by Council Member Steinberg, seconded by Council Member Thiel, the minutes of the Regular Session of October 22, 2019, were approved by a vote of 5-0-2 (Dunn, Martinez absent). b. Regular Session Minutes of November 12, 2019 MOTION2019-225 On a motion by Council Member Campbell, seconded by Council Member Fox, the minutes of the Regular Session of November 12, 2019, were approved by a vote of 5-0-2 (Dunn, Martinez absent). 1 1 Page COUNCIL MEETING November 26, 2019 6. ADOPTING THE MEETING AGENDA (AMENDMENTS AND DELETIONS) On a motion by Council Member Steinberg, seconded by Council Member Thiel, the meeting agenda was moved for approval. Council Comment: Council Member Steinberg requested the following items be added to the Consent Agenda: items 13.a. - Sanitary Sewer Service Extension Request to 42740 Edwards Ferry Road; 13.b. - Town Council Meeting Calendar for Year 2020; 13.d. — Water and Sanitary Sewer Service Extension Approval to Microsoft Phase I Project; 13.h. — Emergency Communications Center. Council Member Campbell asked if it was appropriate to be adding items to the Consent Agenda at this point in the meeting. Mayor Burk confirmed that it was appropriate to add items to Consent when adopting the meeting agenda. Council Member Fox requested item 13.b. — Town Council Meeting Calendar for Year 2020 not be included on the Consent Agenda. Ms. Fox said that typically Council has a discussion on the calendar. MOTION2019-226 On a motion by Council Member Steinberg, seconded by Council Member Thiel, the following was proposed: To add the following items to the Consent Agenda -13. a. - Sanitary Sewer Service Extension Request to 42740 Edwards Ferry Road; 13. d. — Water and Sanitary Sewer Service Extension Approval to Microsoft Phase I Project; and, 13. h. — Emergency Communications Center to the Consent Agenda. The motion was approved by the following vote: Aye: Campbell, Fox, Steinberg, Thiel and Mayor Burk Nay: None Vote: 5-0-2 (Dunn, Martinez absent) The meeting agenda was adopted by a vote of 5-0-2 (Dunn, Martinez absent). 7. CERTIFICATES OF RECOGNITION a. None. S. PRESENTATION OF PROCLAMATIONS APPROVED AT THE 11 / 12/2019 REGULAR MEETING a. Proclamation: James Robert "Jimmy" Dorsey. Jr. Mrs. Elaine Dorsey accepted the proclamation in her husband's honor and made a few remarks. 2 I Page COUNCIL MEETING November 26, 2019 b. Proclamation: Small Business Saturday Angela Mitchell, owner of ARM Consulting LLC; David Mercado, owner of Art Sweet Art; and, Jason Miller, owner of The Wine Kitchen each accepted a proclamation and made a few remarks. 9. PRESENTATIONS a. Presentation: Commission on Public Art: Bloomberg Asphalt Art Grant Opportunity Commission on Public Art (COPA) Chair Donna Torraca made a presentation to Council on the Bloomberg Asphalt Art Grant Opportunity. Ms. Torraca said that the Commission would require a Council recommendation by December 12 to meet the grant application deadline. Council Comment: Council Member Thiel said that Council discussed the bridge at the W&OD crossing on South King Street. He asked if that has been considered as a project of this magnitude. Ms. Torraca said the King Street bridge mural was already approved by Council and should be installed in the spring of 2020. Council Member Campbell asked what the process will be for engaging artists if the grant is received and if the artwork will come back to Council so that Council can get a good look at it. Ms. Torraca said that if the Town is granted $25,000, a call to artists would be issued and the Commission on Public Art would review it and potentially refer it to an Arts Panel that the Commission has used in the past. She said that the artwork would come back to Council for final approval. Mr. Campbell asked if it would be at that point that they would know which of the sites or two would be used. Ms. Torraca said that once approval is received from Council to have staff put the application together and submit it as it has to be submitted by Town staff that they will have a better understanding of what the budget is and how much money will be available and how many projects they can do. Mr. Campbell asked those that enforce the speed limit if this will be a distraction to drivers. He asked if they will go through that process as well. Ms. Torraca said that they have talked to staff about the project and if Council is in support, they are in support also. Council Member Dunn confirmed with Ms. Torraca that in order to meet the December 12 deadline if they preferred to get Council support sooner than the December 10 meeting. Ms. Torraca said it would be nice to hear sooner so that they can hit the button on the application that says they have Town approval. She said no one wants to hit that button until official Town approval is received. Ms. Torraca said that if approval is not received until December 10 then they only have two days to complete and finalize the package. Mr. Dunn confirmed that there is no funding outlay by the Town other than staff time. Ms. Torraca said that was correct. Mr. Dunn expressed his desire to have Council suspend its rules to allow for a resolution at the current meeting to allow additional time to compile and submit the grant application package. 3 I Page COUNCIL MEETING November 26, 2019 MOTION2019-227 On a motion by Council Member Dunn, seconded by Council Member Thiel, the following was proposed: To suspend the rules to add approving a resolution for Council to endorse the Bloomberg Art Grant to the current meeting agenda. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 MOTION2019-228 On a motion by Council Member Dunn, seconded by Council Member Steinberg, the following was proposed: To approve the Resolution authorizing staff to proceed with the Bloomberg Philanthropies Asphalt Art Grant The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioners section was opened at 7:27 p.m. Dave Culbert. He wished everyone a happy and safe Thanksgiving. Mr. Culbert provided a handout to Council with an opinion of the Loudoun County Circuit Court regarding the improper denial of utility service to property outside jurisdictional boundaries of an incorporated Town. Mr. Culbert said the Town in the handout is the Town of Round Hill. He said the case is Stoneleigh Group Inc. v. Town of Round Hill, 50 Virginia Circuit 42 (1999). Mr. Culbert said the protagonist in the Stoneleigh case was the late Mr. Bruce Brownell, the developer of Market Station and Brown's Meadow and a number of other well-known Leesburg and Loudoun communities. Mr. Culbert said as the opinion mentions, the Town of Round Hill wanted to provide utilities to certain people it found deserving, individual lot owners, but not to the developer. Mr. Culbert said apparently no one likes developers. He said in another day and jurisdiction, the homeowners may have well been data center developers and even the best of them developers as far as many are concerned. Mr. Culbert said like the Constitution, sewer does not draw a distinction regarding race, religion or other irrelevant characteristics of 4 I Page COUNCIL MEETING November 26, 2019 the person flushing the toilet. He said when it comes to what goes in or what come out as the case may be, homeowners, data center operators and developers all seem to share similar qualities. Mr. Culbert said in the Stoneleigh case, the Town of Round Hill made a distinction. He said apparently homeowners could use the sewage system while developers could not. Mr. Culbert asked who other than the Mayor and the Town's Utilities Department thinks that is right. Mr. Culbert said that when you read the Stoneleigh case there is something called the "Holding Out Doctrine" and it is alive and well in Loudoun County. He added that there is something called equal protection and when it comes to sewer service beyond the bounds of St. Louis and Willisville that it is also alive and well in Loudoun. Mr. Culbert said the "Holding Out Doctrine" applies when the Town holds itself out as the provider of utilities in areas around its boundaries or that it actually provides utility service to an area or parcel outside its jurisdiction. Mr. Culbert said the Town of Leesburg actually provides sewer service to Graydon Manor and has for nearly three score years. He said that in these instances, the only reason to deny utility service to an appropriate party such as an existing customer is one that is founded upon a legitimate utility -based reason. Mr. Culbert said an example would be if the system did not have the capacity. He said any other reason such as we don't like what you are planning to do or we really don't like your lawyer doesn't work. Mr. Culbert said that is all Council really needs to know. He said it's simple. Don't discriminate, be thoughtful, be fair and be honest. Mr. Culbert said that the Town doesn't have to like them, but it does need to be honest. Rene Dennis. Thanked Council for considering the sewer extension to Sage Hill Farm that is on the agenda. The Petitioners section was closed at 7:32 p.m. 12. APPROVAL OF THE CONSENT AGENDA Mayor Burk noted that the following items were added to the Consent Agenda: 13.a. - Sanitary Sewer Service Extension Request to 42740 Edwards Ferry Road; 13.d. — Water and Sanitary Sewer Service Extension Approval to Microsoft Phase I Project; and, 13.h. — Emergency Communications Center when the meeting agenda was adopted. Council Member Campbell asked for item 13.d. — Water and Sanitary Sewer Service Extension Approval to Microsoft Phase I Project be removed from the Consent Agenda. Council Member Campbell asked for item 13.h. — Emergency Communications Center be removed from the Consent Agenda. Council Member Dunn asked for item 13.a. — Sanitary Sewer Service Extension Request to 42740 Edwards Ferry Road be removed from the Consent Agenda. Council Member Fox asked about the proffer distribution and if there was a condition that they have to ask for it. Mayor Burk said this Consent Item is for the Leesburg Volunteer Fire Department and that they have requested the proffer disbursement. Council Member Dunn asked if item 13.c. — Information Technology Infrastructure and Architecture Plan — Update could be added to the Consent Agenda. 5 I Page COUNCIL MEETING November 26, 2019 Mayor Burk said there was an earlier request for this item not to be included on Consent. MOTION2019-229 On a motion by Council Member Fox, seconded by Council Member Campbell, the following consent agenda was proposed: a. Battlefield Parkway Trail Across the Route 15 Bypass Project RESOLUTION2019-174 Making a Supplemental Appropriation of $170,000 for the Battlefield Parkway Trail Across the Route 15 Bypass Project and Awarding the Contract to M&F Concrete Inc. b. Proffer Distribution to Leesburg Volunteer Fire Company RESOLUTION2019-175 Approving a Supplemental Appropriation in the amount of $70,090 from Existing Proffered Contributions to be Disbursed to the Leesburg Volunteer Fire Company per the Town Council's Adopted Proffer Disbursement Policy c. Washington Gas Service Easement to Hangar Site `B" at Leesburg Executive Airport RESOLUTION2019-176 Authorizing the Conveyance of an Easement to Washington Gas Light Company for a Gas Service Line on Town Property to Hangar Pad Site "B" Leased to SKAviation LLC The Consent Agenda was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Sanitary Sewer Service Extension Request to 42740 Edwards Ferry Road Council Comment: Council Member Dunn noted that the staff recommends and the Applicant agree in writing to an annexation/boundary line agreement and asked if the intention of the Town is to annex or ask for a boundary line agreement into the Town. Ms. Notar said that is the standard language that is in the resolutions when Council considers extensions outside of Town. She said that when the Council is ready that the property owner should expect to be incorporated into the Town. She added that it is an expectation by the property owner. Mr. Dunn 6 I Page COUNCIL MEETING November 26, 2019 said it would be his concern with spot annexation of this noting that he was more in favor of annexing the whole area that is within the JLMA but this particular property and the area that is in between where the Town line is and the subject property is prone to flooding and often the road is closed in that area. His concern is if they extend water to this area and the next step is annexation that he would like to know what the Town's anticipated cost will be for mitigating the flooding in that area and managing the road closure processes. Mr. Dentler said that if Council was interested in annexing or bringing those properties into Town, then the Town would do that analysis. He noted that staff has not done that analysis because Council has not directed staff to consider it. Mr. Dentler said that the addition of this language sets the stage so that if Council in the future wishes to bring these properties into the Town, then the owner of the property is aware of it and understands that it is the Town's expectation. Mr. Dentler said that is all that this does is set the stage to meet the County's requirement to receive consent in the future. He added that it is not a requirement but is clearly an expectation in the future should Council wish to move in that direction. Mr. Dunn confirmed that this area is within the current JLMA where the Town provides the water and sewer in the JLMA. Mr. Dunn reiterated that he wants to be cautious in this area because there are a lot of flooding issues and it seems like the first step to the Town having to take over those issues versus the County dealing with them. Mr. Dentler said that Council would be able to make that decision in the future should they wish to have that conversation at all. Mr. Dentler confirmed that this is not a decision that had to be made as part of the current agenda item. Council Member Campbell said he did not have a problem with this particular request. He said he has a problem with Council continuing to talk about annexation in an area where the County has just passed the Comprehensive Plan that says that the Town is not the first choice as a service provider. Mr. Campbell said that if the Town is giving notice that at some point the Town may ask for an annexation of which the Applicant can still deny, that he is not sure the strength of Council's words or what it is that Council says it is doing that they are trying to manage a Joint Land Management Area that has never been jointly managed. He said it order to make a move which the Town is doing now but have not served it is that the Town has to make a legal move which is not certain and is certainly not timely. Mr. Campbell asked Council to act in a way that faces the reality of the current situation and gives their partners that they may want to extend water to a realistic idea of things that can and cannot happen because right now the Town is in serious flux. Mr. Campbell said that despite the fact that this may have been the language that the Town uses in its policy that it is certainly not the policy of the County in how the Town may either acquire or not acquire rights in this area. He said he was not sure the strength of any language the Town has in any document other than to grant rights for sewer extension and keep it just that plain and simple. Mayor Burk asked Ms. Notar if the language comes from the County saying that the Town has to have if it ever considers annexation to have approval from the property owners. Ms. Notar said that was correct. Mayor Burk said that in this case, the 7 I Page COUNCIL MEETING November 26, 2019 Town is just saying to the property owners that if in the future the Town wishes to bring you into the Town, that the Town is not thinking about it now, but in the future that they will need to realize that they would be coming into the Town and giving the Town permission. Mr. Campbell noted that this does not bind the property owner to whatever the Town puts in writing. Ms. Notar said it does not. Council Member Steinberg pointed out that the JLMA is a much larger conversation for another time and believes that this property is well aware of the potential for coming into the Town. Mr. Steinberg said he believes that they have consented to that and that he believed that the Council should be able to pass this easily. MOTION2019-230 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: RESOLUTION2019-177 Conditional Approval of Sanitary Sewer Extension to Sage Hill Farm The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 b. Town Council Meeting Calendar for Year 2020 Council Comment: Council Member Fox stated that she wanted to be sure Council had the conversation and noted that there was a lot of conversation when setting the 2019 calendar. She wanted to make sure that Council was taking into account spring break which looks as if the schedule does accommodate it. Ms. Fox said she just wanted to be sure that everyone was good with what was being proposed. Council Member Dunn suggested moving the first set of meetings in August to later in the month. Mr. Dunn said presently Council holds the first set of meetings and not the second set. He asked Council if there was any desire to move the August set of meetings to the second set of dates and reserve the earlier time in the month to allow for time off at the beginning of the month. Mr. Dunn said normally at the end of the month is when school starts again and most people cannot take off whereas at the beginning at the month it is still summer. Council Member Thiel noted that the current proposed August dates are August 10 and 11. Mayor Burk said she had no problem leaving it the way it is now. She said that if others feel strongly about moving the August dates that the dates can be changed. Council Member Fox said to leave it as is. 8 I Page COUNCIL MEETING November 26, 2019 Mayor Burk asked if there were four Council Members that would like to move the August meeting dates to the second meeting dates of the month. There was no consensus to change the August meeting dates. (Campbell, Dunn, Steinberg) MOTION2019-231 On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following was proposed: RESOLUTION2019-178 Setting the Calendar Year 2020 Town Council Meeting Schedule and Fixing the Day or Days to which a Regular Meeting Shall be Continued in the Event of Inclement Weather The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 c. Information Technology Infrastructure and Architecture Plan — Update Mr. Jedrzejczak gave an update to Council regarding the Information Technology Infrastructure and Architecture Plan. He also addressed the deficiencies in the IT Strategic Plan. Council Comment: Council Member Thiel asked Mr. Jedrzejczak what the $11K had been spent on out of the $200K. Mr. Jedrzejczak said that no funds have been spent from the $200K. Mr. Thiel asked if the Town was expecting to use $188,900 of the $200K to implement Phase 1. Mr. Jedrzejczak said that was correct and that the money was for the three services and that he is trying to utilize the money that Council appropriated for the research to actually do the work. Mr. Thiel asked if that includes the expansion of hardware or if this is all software implementation. Mr. Jedrzejczak said it addresses colocation so there is a little bit of the networking equipment that has to be rebuilt in different location so that would be new hardware. He added that the software does include components of the software when they are talking about the security. He said there is some filtering that is currently being done by the County but tomorrow they will get the filtering from the Town's own Internet service provider and similar services like firewalls, routers, etc. Mr. Thiel asked if anything has to happen first and if the Town needs to get an ISP first before it can start to manage network services. Mr. Jedrzejczak said that all of these items are very dependent but that he does not have a networking services expert. Mr. Thiel asked if the study would show which ones would need to be 9 ( Page COUNCIL MEETING November 26, 2019 implemented first. Mr. Jedrzejczak said that the Town has the list of the items and from the list of the nine items he has identified three that have to be implemented together to work. He said that not only are they dependent upon each other but as well are dependent on the call handling system that the Town is implementing for public safety for the Police Department. Council Member Campbell thanked Mr. Jedrzejczak for all of their hard work. He said that it was probably a year ago in January that the Council dedicated about $300K to begin the study. Mr. Campbell said that there is probably no money left from that effort. Mr. Jedrzejczak said that all of the $200K that was allocated is left. He said that $200K is available. Mr. Campbell said that Council is only seeing a small piece of what they have talked about earlier on in that this is an ongoing process and this is an investment in a greater future that the Town has not invested in appropriately over the last ten to fifteen years. He said technology is an expense that they don't stop giving too such as upgrades, software, training, personnel and he is hoping at some point in the budget process he would like to see the big numbers. He said then he can work with the Finance team as all of Council will do to determine how to get there. Mr. Campbell said that the Town can't turn back and that this is something that can't be underfunded because Council no longer wants to fund it. He said they are now going separate from the County on their own and they have to invest in this direction in order to get there. Mr. Campbell said that the Town has severe weaknesses in security and technology infrastructure services and personnel. He said he wanted to emphasize how important the situation is but also how urgent the situation is. Mr. Campbell said at some point it is Council's responsibility to share with the citizens how deep a hole this is. He said this is not a $188K hole. He said it is a multi -million dollar hole and that it is going to take the Town time to figure out how to finance it. Council Member Fox asked about the managed service of network equipment. She asked if this is in lieu of hiring somebody because they cannot find someone with the skillset. She asked if this was an Artificial Intelligence (AI) type of situation. Mr. Jedrzejczak said that it was a specific type of engineer and the difficult part is that it is not one type of equipment and there are 65 devices. He said hypothetically if he had to hire somebody that they would have to study this type of equipment. He said that it is not only to support the IT infrastructure but also the phones. Mr. Jedrzejczak said it is cost-effective to hire a company that has this expertise to focus on this specific networking service. Ms. Fox said that when she looks at the ongoing costs vs. one-time costs she wants to know what the ongoing costs are going to be. She asked if it is a subscription to the proposed company. Mr. Jedrzejczak said the ongoing costs include patches that have to be applied and framework that is updated every month. He said there are special updates that have to happen quarterly and from time to time they have to replace the system because it is no 10IPage COUNCIL MEETING November 26, 2019 longer compatible. He said this is ongoing and the service includes reporting that he would get monthly regarding the status of the Town's framework and said honestly this is something that the Town has not been doing. Ms. Fox confirmed that this is 24/7/365. Mr. Jedrzejczak said that was correct. He added that there is also a cost of $29K because the Town is so far behind on the updates that when it comes to this equipment that the Town will have to pay to get the equipment to the place where he can start upgrading. He noted that this was a $29K one-time cost. Vice Mayor Martinez said after they implement these items if there are any other costs that the Town would have to the County for any other services related to IT. Mr. Martinez clarified that he was asking if this means that the Town can totally divorce itself from the County and its infrastructure especially when the Town has its own ISP connection. Mr. Jedrzejczak said this is Phase I. He said that they will not be drastic and that they will implement this in phases. He gave the Internet Service Provider as an example noting that there would be two separate connections to make it redundant but for a while can still keep County as a third one. He said after that he will disconnect the filtering, manage firewalls, manage routers, etc. He said the connection to the County will always stay but for public safety reasons only. Mr. Jedrzejczak said the network he is disconnecting is for everything else and the Internet Service Provider. He said he would refer to his staff for any other components that they can think of. Mr. Martinez said that right now once this is implemented they will always have the County as a back-up system or a redundant system for public safety. He said his concern is what does that cost. Mr. Jedrzejczak said that it is not a backup but rather how the call handling system works. Mr. Martinez said this is going to be the component of the call handling service that the Town is working with the Sherriffs Office and it will be a part of that. Mr. Martinez asked how the Town saves money with a single ISP rather than connecting to the County. Mr. Jedrzejczak said that the Town will have control over its Internet Service Provider. He added that simple things like IP addresses that the Town does not have any. He said the County has the Town's IP addresses. Mr. Jedrzejczak said that with the proposed model the Town will be getting its own. Mr. Martinez said that Mr. Jedrzejczak also talked about the occasion for efficiency by going to a single ISP. He said one of the things he could think about is the Town's mail servers and that they will finally have control of their own mail servers and it will allow the Town to hookup without dealing with the County's firewalls. Mr. Jedrzejczak said that the Town is going to rely on the external connection for the Town's own ISP. He said in order for the mail to work the Town has to have an ISP and a redundant ISP. Mr. Martinez asked if this takes away the connection to the County where the Town will have its own access to the Internet. Mr. Jedrzejczak confirmed that was correct. Mr. Martinez said the Town will have its own firewall in place to dictate what can be let in or let out. Mr. Jedrzejczak said that was correct. Mr. 11 I Page COUNCIL MEETING November 26, 2019 Martinez asked about the rest of the application efficiencies and if MUNIS, Lucity and the others would be able to use it. Mr. Callahan said that Lucity, MUNIS, GIS and others the Town would have control over ports in the firewalls where the Town would otherwise have had to rely on the County to do those. Mr. Martinez said that is part of the efficiency that staff is talking about where the Town can manage it so that the Town does not need to depend on the County and if there is an issue they don't have to go to the County to fix. The Town can fix it directly. Mr. Callahan said that or they would contact the Town's Internet Service Provider to fix it. Mr. Martinez said that in the report the Town states that it would be removing a single point of failure. Mr. Jedrzejczak showed Council a chart depicting the connections that currently exist showing that they rely on the Internet connection that comes from Loudoun County. He said in the future the Town will have two connections, one from Ashburn and the other from Chicago coming in and supplying the Town with Internet. Mr. Martinez asked if there were any latency issues with this. Mr. Jedrzejczak said he did not expect any latencies and there will be a very fast connection. He said this is planned for 1GB so they are increasing the Town's speed drastically. Mr. Martinez asked about virtual networks and will this make it easier to set them up if needed. Mr. Jedrzejczak said it will and said that all online services that are utilized today will have a better performance. Mr. Martinez said that Mr. Jedrzejczak mentioned that the Town is not dependent on a cloud architecture but asked if the Town will have any cloud connections. Mr. Martinez said personally he does not like the cloud and thinks that it is too easy to bypass security. Mr. Jedrzejczak said that there is no one way and they will have some access to AWS or Azure or some other software as a service solution. He said that the Town's ERP system in MUNIS is one of those. Mr. Jedrzejczak said that they will have a combination. He said the plan addresses the colocation so it is something in between cloud and being in- house. Mr. Martinez asked if the Town is using AWS for its services. Mr. Jedrzejczak said for some but not for all. Mr. Callahan said they do for SaaS. Mr. Martinez asked how valuable the Information Technology Commission has been in this process. He said the reason he asks is that because he thinks they work really hard to give the staff quality consultant services that would cost a lot more if the Town had to go outside to get it. Mr. Jedrzejczak said that is absolutely correct and noted that they spend hours at their meetings discussing these items. He said he gets nervous sometimes because he has only five to ten minutes to present and then they spend three hours talking about one of those components. Mr. Martinez said that the IT Commission has had an impact on how this is done and how it has been presented. Mr. Martinez said his concern is that the Town is implementing these services and that he has concerns about what type of hardware is being used. He asked if staff is incorporating this into the plan or if staff needs to address this. Mr. Jedrzejczak showed Council a graph of where the Town is today on this item and where they 12 1 Page COUNCIL MEETING November 26, 2019 need to be. He said he is not presently addressing the need for hardware with the current plan but he will be addressing this in the future. Mr. Martinez confirmed that staff is looking at upgrades of the actual connections to the Internet to make it even more efficient. He said he remembers when he first started working that he was hooking up to an amber terminal on an IBM mainframe. He said now they are back to the terminal stage but looking at a different type of virtual network. Mr. Martinez said he thinks it is ironic how they have gone 360°back to a single terminal access. He said he appreciates staff's effort and looks forward to sitting down and talking with Mr. Jedrzejczak some more on the hardware side. Council Member Dunn asked about the dollar amount listed in the presentation for funding amounts and asked if the $151K was expected to be the ongoing amount indefinitely and if Mr. Jedrzejczak had any ideas on when that may go up. Mr. Jedrzejczak said that two of the contracts they are looking at are five years and another is three years. He said it is a static number and will not change. Mr. Dunn said on the same chart there is approximately $177K listed as ongoing in 2020. He asked if that is the prorated amount of the corresponding line. Mr. Jedrzejczak asked for clarification from Mr. Dunn. Mr. Dunn said that as an example for colocation services that says $21,450 which is different than the $51,750 for ongoing services in future years. He asked if that was just the prorated amount. Mr. Jedrzejczak said it is for six months because they are starting everything in January which is half way through FY20. MOTION2019-232 On a motion by Council Member Steinberg, seconded by Council Member Thiel, the following was proposed: RESOLUTION2019-179 Appropriation and Approval of Reserve Funding of $188,900 to Accelerate the Implementation of a New Town Internet Service Provider The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Martinez absent) d. Water and Sanitary Sewer Service Extension Approval to Microsoft Phase I Project Council Comment: Council Member Campbell said he wanted to state that it is important for the public to know how this project serves the best interest of the Town by giving Microsoft water and sanitary sewer services. He said he does not see a financial number included in the item as a value and a benefit to the Town. Mr. Campbell said approving a direction to him also proves there's an expectation that there is 13 I Page COUNCIL MEETING November 26, 2019 some financial value. He said he knows Council has seen the numbers before but that they are not with this agenda item and that the feels like those numbers need to be a part of what Council approves. Mr. Campbell said the second item is water capacity and part of the presentation they heard before is that they have enough water and sewer capacity for Phase I but that Phase II is on a fast track. He said if Phase II is approved then the Town would be out of capacity and up against the wall. Mr. Campbell noted that they may not be out but there would be a limitation on other projects the Town thinks it can do. Mr. Campbell said that if the Town moves forward on Phase I what is to stop the Town from moving forward for Phase II. He added that they also talked about an extension for the Town's own capacity and how they build that infrastructure. Mr. Campbell said before the Town runs with this he wants to be sure, like they said with the previous discussion on the Internet and other types of obligations that the Town is committing to, that they are committed to following through and not at a disadvantage to other projects and other things in the Town but that it is as an added value and benefit to the Town. He said if it is just a monetary issue at the stake of something else which can have unintended consequences down the road, then he wants to be clear that the Council is making these decisions knowing all of that upfront. He said that is the information that is not in front of him at this time. Mr. Campbell asked if the information was available or does this item need to be moved. Ms. Notar said there was a presentation by Mr. Moore. She asked if Council wanted to hear the presentation. Mayor Burk told Mr. Moore to proceed. Mr. Moore made a presentation to Council on the request for water and sanitary sewer service for Microsoft Phase I Project. Council Comment: Council Member Campbell thanked Mr. Moore for his presentation but asked again what the financial value is to the Town and if there is a financial value is that value going to go back and pay now for infrastructure that was approved in 2015 when the extensions were done for Compass Creek or is it a value that comes back to Council to be able to use in its budget process to be able to pay for things like technology. Mr. Campbell said he needs a number. Ms. Notar said that the number is available. Mr. Thiel had it readily available and shared with Council that the fiscal impact for the design and construction costs of the extension of the utility infrastructure and connection will be paid by Microsoft. He added that Microsoft will pay all applicable connection fees including approximately $2.4M in availability fees and $4.8M in water and sewer pro rata after connection and utility accounts will be charged a quarterly utility based on established out of Town rates. Mr. Campbell said that was correct and that the information was given to Council in a prior meeting and it needs to be a part of the resolution if that is Council's expectation. He said otherwise it is just a report. Ms. Notar said it is part of the resolution. Mr. Campbell said it is not written as part of the paperwork in front of Council. Ms. Notar said that in the resolution it states that the Applicant must pay all amounts on the Public 14 I Page COUNCIL MEETING November 26, 2019 Facilities Permit (PFP). Mr. Campbell said all he was looking for was a dollar amount in the resolution not that they are going to pay all availability fees. He asked what the expectation will be of those fees. Mr. Campbell said he already had the information that Mr. Thiel read but it is not in the resolution. He said he was not sure what was not clear. Ms. Notar said that this is the normal Town process because those PFP fees change every thirty days and there is interest involved. She said that the approval resolutions state that the Applicant must pay the PFPs. She said she can get the most recent PFPs and send them to Mr. Campbell. Mr. Campbell said it is just helpful to know as they make decisions what Council's expectations are financially. He said that Council discussed this at the Work Session that their expectations as far as revenue and to be able to budget and use it is really important. Ms. Notar said that this is the Utilities Fund. Mr. Campbell said he was only looking for a number. Ms. Notar said that she needs to correct a few things. She said that this is only Phase I and not Phase II. She said the expedited process is only Phase I and Phase II has not been submitted to the Town yet. Mr. Campbell said he understands this but if staff listens to him he was saying that they were given a staff report where Phase II was going to be expedited and it was coming. He said that is what the staff told Council. Mr. Campbell said he did not say Phase II was a part of this. Ms. Notar apologized if she misunderstood Mr. Campbell. Ms. Notar said the second item she wanted to clarify is that the pro rata payment by Microsoft is the full pro rata that was due on the agreement. She said part of the stranded section that the Town was worried about will be paid by Microsoft if the extension for Phase I is approved. Vice Mayor Martinez asked how time critical is the project. Mr. Moore said that Microsoft is looking for this extension approval at the current meeting if Council is comfortable approving their request. Mr. Martinez said the only reason he asked is that Microsoft is part of the whole JLMA discussion. He said as far as he knows the Planning Commission has not seen or been involved in any of this discussion. He said that at least his appointee is concerned that they would like to have some visibility of what is going on. Mr. Martinez said that if it is time critical and Council cannot do that, he would like to bring them into the discussion in the future to let them know what they are doing so that they are not left in the dark on any planning or rezoning or BLAs. Mr. Dentler said that staff can update the Planning Commission but that their involvement in this discussion has not been required as part of the normal process. He said they certainly can update them as needed. Mr. Martinez said that he understands this but as a matter of courtesy when they are talking about bringing in new properties to the Town and changing the zonings that at least a courtesy update of what is going on and letting them know would be good. Mr. Martinez said he was not looking for a poke on what anybody is doing. He was just saying that since this is time critical he was not going to push the issue. Mr. Dentler said that this is a critical moment that there are much larger revenues at stake here long-term for the Town and a delay is going to send a signal that Leesburg is not really interested in Microsoft. He added that if the Town is able to accommodate their ultimate build out based on what they have told the Town with the focus of the 15IPage COUNCIL MEETING November 26, 2019 current discussion on Phase I and that they are not bringing it into the Town yet but that if they wish to bring Phase I and ultimately Phase II into the Town which will then generate significant revenue to the Town for the General Fund which is he believes is where Mr. Campbell is going in some of his concerns, then Council needs to approve this and send it to Microsoft. Mr. Dentler said otherwise the Town may lose this opportunity that will have long-term impacts to the Town. Mr. Moore added that part of the reason they don't put a dollar certain value on the fiscal impact is that because they are working with Microsoft to get plan approval and the process is that they don't issue permits until after those plans are approved. He said to not know exactly when they will have plan approval, although he noted they are moving very quickly, that they are issuing the permit based on the current value of money and not based on three months prior. He said that was the concern for staff to have that in the resolution. Mayor Burk said that makes sense. Council Member Dunn said that Mr. Moore quoted two paragraphs in his presentation and in paragraph two: "The Town and the County should only honor requests for the extension of sewer and/or water services outside the Town's corporate limits, within the designated Joint Land Management Area provided that the beneficiaries of such service prepare written acknowledgement of the right of the Town Council to annex the subject properties. If the Town should desire, this written acknowledgement shall include the beneficiaries' written agreement with the Town in a joint annexation petition," Mr. Dunn noted that this language was not in the resolution. He said the only thing that is close to it would be paragraph 11 in the draft resolution where it talks about holding out. Mr. Dunn said his concern is the language here sounds like the Town is a willing participant in the County's takeover of water service in the JLMA. Mr. Dunn did not want to give the hint thereof. He said he understands that this could be part of a negotiation process but that he would not want this to be something that commits the Town to going along with the County and sharing the water service with Loudoun Water. Mr. Dunn said that it would be the goal at some time through negotiation or through a suit to get back sole service within the JLMA. Mr. Moore said that was understood but that the only intent of the slide was to refer Council to Section I, item 10, of the conditions in the resolution which speaks to the annexation and the possibility for future annexation. He noted that the quote comes from Loudoun County's revised Comprehensive Plan. Mr. Moore said the intent is not to put it in the resolution as Mr. Dunn mentioned. Mr. Dunn said that his only hope is that after the new Board is seated that the Town can get a County -wide Plan amendment to get rid of that language. Council Member Fox asked if staff's position is that the Utilities Department can service this area even if the entire JLMA was built out. She asked if it would still service this are well. Mr. Moore said for Phase I that was accurate. Ms. Fox said this is part of the JLMA and not something that was anticipated for this parcel. She asked what was anticipated for this parcel. Mr. Moore said that the previous zoning prior to June was residential/commercial with some office space. He said the quantities for water are stretching the limits a 16 I Page COUNCIL MEETING November 26, 2019 little bit but the sewer is much less than anticipated because of how data center cooling works. MOTION2019-233 On a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the following was proposed: RESOLUTION2019-180 Conditional Approval of Water and Sanitary Sewer Extensions to Serve a Portion of the Property of Microsoft Corporation (Microsoft Phase I) The motion was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Campbell Vote.• 6-1 e. Recognition of Public Service of Town Employees Retiring in the Year 2019 Proclamation (Sponsor: Mayor Burk) MOTION2019-234 On a motion by Mayor Burk, seconded by Council Member Thiel, the following was proposed: I move to approve the Proclamation for Recognition of Public Service of Town Employees Retiring in the Year 2019 to be presented at the December 10, 2019, Town Council Meeting. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn abstain) f. December 2019 Holiday Celebrations Proclamation (Sponsor: Council Member Steinberg) MOTION2019-235 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: I move to approve the December 2019 Holiday Celebrations Proclamation to be presented at the December 10, 2019, Town Council Meeting. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn abstain) 17IPage COUNCIL MEETING November 26, 2019 g. The Loudoun Sketch Club Celebrates its 75th Year Proclamation MOTION2019-236 On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was proposed: I move to approve The Loudoun Sketch Club Celebrates its 75th Year Proclamation to be presented at the December 10, 2019, Council Meeting. The motion was approved by the following vote: Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 6-0-1 (Dunn abstain) h. Emergency Communications Center Council Comment: Council Member Campbell said that Council decided to move forward with its own emergency call center. He said this is basically 911 which is currently disjointed and connected with the County at this point. Mr. Campbell said this is another significant investment that will have to be funded and financed and may impact taxes but it primarily supports citizens and safety. He said this will be a direct line to the Leesburg Police Department when citizens call. He noted that there is not a direct line currently in that it goes into the Emergency Call Center with no identification of the location or even the person. The call is transferred to the Leesburg Police Department and they have to get the information all over again. He said there are temporary delays while life is at stake so Council has agreed that the Town needs to go out on the Town's own and develop an Emergency Communications Center rather than join the County system. Mr. Campbell said this is the main reason why he pulled it from the Consent Agenda. He said not in disagreement but to allow for the opportunity to be spoken to and entered into the record. He said he was in support of the overall direction but that it still needed to be talked about. MOTION2019-237 On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following was proposed: RESOLUTION2019-181 Maintaining an Independent Emergency Communications Center at the Leesburg Police Station and Amending the Fiscal Year 2020 Capital Improvements Program to Upgrade the Computer Aided Dispatch System and the Records Management System The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Thiel absent) 18 I Page COUNCIL MEETING November 26, 2019 14. PUBLIC HEARING a. TLZM-2018-0004, Westpark The public hearing was opened at 8:28 p.m. Mr. Klusek gave a brief presentation on the proposed rezoning application submitted by U.S. Home Corporation (dba Lennar) for a proposed 96 unit, single-family attached residential development. Council Comments: Council Member Thiel noted that Mr. Klusek said that they were not allowed to do any proffers. He asked why this is the case. Mr. Klusek said the current Zoning Ordinance restricts discussion of proffers. Mr. Boucher said that this was previously discussed with Council but this would be considered a non- exempt area. He said that is because it is an area that would be subject to the criteria of the 2016 State Code changes with regard to what the Town can ask for for proffers. He said back in 2017 the Town acted to say that in non-exempt areas like this the Town would not accept proffers. Mr. Boucher said that staff has not discussed any proffers with them and they have not negotiated any proffers with them and that is the reason. Mr. Thiel said that Mr. Klusek noted that this was not applicable for ADUs. Mr. Klusek said the ADU requirements are exempt essentially because the application does not exceed one dwelling unit per acre. He said that is because the Town is looking at a much larger site. Mr. Klusek said that the Applicant is only proposing developing on 12 of the 140 acres. Mr. Thiel asked what some of the by -right uses would be for the property. He said he recalled 27 homes at one point. Mr. Klusek said that within the R-E Zoning District one dwelling unit for every three acres is permitted by -right. He said within the B-3 it is a range of business B-3 uses but noted that there was a previous rezoning on this site that actually calls for a hotel. He added that with one dwelling unit for three acres that theoretically it is 27 units and given the actual floodplain it probably would be substantially less. Mr. Thiel asked if most of the R-E and part of the B-3 is in part of the floodplain and would require floodplain mitigation as part of the NOAA study that was done last year or the year before. He asked if this is in the floodplain. Mr. Klusek said that the floodplain is shown on the map. Mr. Thiel said it appears to be covering most of R-E and part of B-3. Mr. Boucher said that he did not believe any of the B-3 area is in the floodplain areas. He said that he believed that it was all in the R-E. Mr. Klusek added one caveat which is the shape of the B-3 District and that in looking at the floodplain it may overlap slightly. Vice Mayor Martinez said that he understands that the Planning Commission was 7-0 in denying the rezoning. Mr. Martinez asked Mr. Klusek what staff's initial recommendation was on the rezoning. Mr. Klusek said that staff was unable to support this application because of the land use conflict that existed. He said the project is not consistent with the Town Plan but noted in saying that the staff does realize that there are some areas of the proposal that are consistent with other policies. Mr. Martinez said he is asking this because the 19 1 Page COUNCIL MEETING November 26, 2019 Planning Commission has been very vocal, or at least his appointee, in that they have not had a chance to review all of the iterations of this plan and that they would like an opportunity to do so. He asked if there was time to push this back to the Planning Commission and have them review it again. Mr. Klusek said that the changes that were made were relatively minor in nature and said that the Planning Commission had more issues from a big picture standpoint. Mr. Martinez asked if the current application addresses those comments. Mr. Klusek said that the current application addresses the vast majority of approximately 25 issues that were presented at the Planning Commission. He said they were addressed with the submission to the Town Council. Mr. Martinez asked other than the issues mentioned such as the noise if all of the other issues have been addressed. He asked if the Planning Commission has been told this to let them know of the progress that has been made. Mr. Klusek said no that they have not informed the Planning Commission of the progress. He said the Planning Commission recommended denial and the next step was the Town Council Public Hearing and is why the application is now before Council. Mr. Martinez asked if staff could send information back to the Planning Commission on where this application is in the process and the current status. Mr. Klusek said that staff will update the Planning Commission. Council Member Fox said Mr. Thiel brought up some good questions about the proffers. She asked if any proffers were submitted by the Applicant to the Town. Mr. Klusek said there were not. Ms. Notar said there were no proffers submitted. Ms. Fox confirmed that Council has seen everything and that they have all of the information in front of them that they need. Ms. Notar said that is correct. Ms. Fox asked about the traffic impacts noting that the staff report says that it meets criteria but asked if something by -right was built there if that would be something more impactful that the townhomes or less. Mr. Klusek said the Applicant did submit a traffic study at the beginning stages of the project. He said from a trip generation standpoint it did demonstrate that there would be more traffic associated with a by -right application. He said particularly on the B- 3 site with a hotel. Ms. Fox asked if it would still be only one way in and one way out. She confirmed that if there was a hotel built on the site by -right it would produce more traffic than these townhomes. Mr. Klusek confirmed that was correct. Ms. Fox asked about the 96 townhomes and how the 55 students were calculated for impact. Mr. Klusek said that with every application, referrals are sent to Loudoun County Public Schools and the number provided is the estimate that was sent back to the Town of the number of students based on standard multipliers that they use. Ms. Fox asked that if 17 students were generated from this application that it would put it at capacity and if it goes over 17 it goes over capacity. Mr. Boucher said that the School Board estimates that there would be 55 students that would impact the various schools. He said that there is currently room to absorb 38 of these students so only 17 would be excess capacity. Ms. Fox asked about adequate public facilities and asked about the golf course part of this application and why is it not considered open space. Mr. Klusek said that it is. Ms. Fox asked why staff feels like there is not enough facilities or open space. Mr. Klusek said the applicant is not directly providing 20 I Page COUNCIL MEETING November 26, 2019 facilities to the Town. He said that they are not providing things that would typically be provided to mitigate impacts. He noted that there is a potential for significant open space. He added that they are not addressing Fire and Rescue or schools or things of that nature. Ms. Fox asked about the Fiscal Impact statement and said she sees a huge disconnect between what the Applicant provided and what the Town provided. She asked if Mr. Klusek can tell Council what the spinoff in direct offsite benefits that the Applicant is talking about. Mr. Klusek said that if he recalled correctly he estimated that there was $1M of spending per household and staff thought that was a little inflated. Council Member Campbell said that Council has heard a lot of conversation on this topic but that there were a few things in the staff report that helps him see a direction and maybe for the Applicant to see part of their conversation. He said one of them is priority of goals. Mr. Campbell said when this land was first rezoned or zoned originally, none of what is being talked about now regarding housing or open space was a consideration. He said that is why it was zoned the way it was. Mr. Campbell asked Mr. Klusek in his estimation based on what he has seen and he has heard and compliance with the Town Plan only as it relates to the open space section, if the current application has done anything to shift Council's goals or priorities for this land. Mr. Campbell said the priorities are still as it is zoned. Mr. Klusek said he believes that this is a better question for the Applicant to answer. Mr. Campbell said what they have seen so far and what the Planning Commission has seen, even if they haven't seen the revisions, that nothing in their mind would also change the Town's Comprehensive Plan goals. Mr. Campbell said that another big area of concern for him is the workforce housing, the affordable housing and somehow if the Town can't get what it needs then why should they settle for less than what they want. He said again not just to satisfy the developer, it doesn't satisfy the Town's plans or goals. Mr. Campbell said even entertaining this rezoning has caused the community great concern. He said to be able to justify why they would be causing this much concern there would have to be a compelling reason to move forward versus denial. Mr. Campbell said that for as much time as they have talked about this that from the Applicant point of view or a public point of view that they are either going to hear something new or learn something different but the compelling case for him is that it has to serve the best interest of the Town no matter which direction they go. He said he is sure he has heard that yet so he wanted to know the fiscal impact. Mr. Campbell said that they have been talking fiscal impact all night and that the Town needing to pay money to support residential projects does not make sense to him. He said the residential projects have a financial value to the Town and the infrastructure makes sense to him. He asked how this financially, according to the calculations of the Applicant's impact statement, makes sense for the Town to absorb additional expenses. Mr. Campbell said he was trying to clarify the major points staff was trying to make and read and has heard before. He said that these are unanswered questions including the housing diversity because if it is not affordable dwelling units then it certainly has to be different price points. Mr. Campbell said looking for what a unit would sell for. He asked when that number usually comes forward. Mr. 21 I Page COUNCIL MEETING November 26, 2019 Klusek said that the number did come up in the fiscal impact analysis and without digging through the data to get an exact number, he could say that the home prices were definitely in excess of $500K. Mr. Campbell said basically based on square footage that they are all similarly priced. Mr. Klusek said he would imagine that was correct. Mr. Campbell said that is what they are fighting right now in the community is the high cost of living, jobs, wages and the ability to live in Leesburg is not becoming an affordable factor as the Town moves forward. He said this is a concern. Mr. Campbell said that he believes Mr. Klusek phrased it in a good way in that they have competing interests and there has to be some rationale for Council to have to compromise on the current Town Plan. Council Member Steinberg said for the purpose of the ADU discussion asked under the current ownership and the properties current configuration if it is considered a single property. Mr. Klusek said that it is. Mr. Steinberg asked under a new configuration with the various rezonings if it still remains a single property and that is why the entire acreage can be considered in the equation. Mr. Klusek said that was correct at least in the short term. He said that the Applicant in theory has the option to only rezone a small portion but that would then rezone the remaining portion to open space. He added that the application as it is configured now takes away that by -right zoning potential. Mr. Steinberg asked that the fact that so much of the acreage is in floodplain does not affect the overall equation at all. Mr. Klusek said it does not. Council Member Dunn asked if this property is within the boundaries of the H-2. Mr. Boucher said none of the property is in the H-2. Mr. Dunn asked if staff knew how far outside of the H-2 the property is located. Mr. Boucher said it would be some distance because the H-2 runs along the Route 15 corridor and then 300 feet on either side. He said it does not run down the bypass. Mr. Dunn asked Mr. Boucher about the discussion at the last meeting regarding students and being able to supply the needs for students and being able to negotiate discussions about students and school needs. He asked what the numbers were that were given in the East Market Street example. Mr. Dunn said that under the old system that they would only be able to negotiate for this many students but under the new flexible system that they would be able to negotiate. Mr. Dunn asked what the difference was in the number of students. Mr. Boucher said it depends. He said previously he was only trying to give examples. He said that what he was trying to get at last time is that the new rules say that you can only negotiate for excess capacity as the starting point for reasonable. He said that it can be proved that the schools will be filled up by a certain number of students created by the application. Mr. Boucher said he gave one example which was River Creek that created 36 students and they were able to negotiate for the proffers and they were able to get the full amount which is $11K+ per townhouse for that development which ended up being $700K+ in that case. He noted that if they were under the 2016 rule and couldn't negotiate, they would have to supply $0. Mr. Boucher said it varies on where they are located. Mr. Dunn asked Mr. Boucher if he recalled roughly what the number was as he did not have the notes that Mr. Boucher provided. Mr. Boucher said he does not know exactly 22 I Page COUNCIL MEETING November 26, 2019 which number Mr. Dunn is asking for. Mr. Dunn said there was a number that they could only negotiate for under the old system if they were to repeal it but under the new system it gave them more flexibility and would yield that much more. Mr. Boucher said that if they took the case of townhouses it is negotiating $11K per townhouse unit. He said it was in the resolution that was adopted by the Council using the County's Capital Intensity Factors for Schools. Mr. Boucher said the problem with the 2016 rules is that the Town must demonstrate excess capacity versus before 2016 they did not have to demonstrate excess capacity when they negotiated so that they could try to get essentially additional money for the schools. He said the 2016 legislation limited that. Mr. Boucher said that created different areas in Town. He noted exempt areas where they can negotiate like the 2016 rules never happened and the non-exempt areas that are subject to the 2016 means that they are limited by that figure. He said he gave some examples and he was not sure what they are. Mr. Dunn asked for this excess what the number would have been. Mr. Boucher said that 55 students of which 17 are excess capacity where the total figure would have been over $1M but because of the excess capacity it would be somewhere over $300K that could be negotiated for schools. Mr. Boucher said that it would be the difference of about $700K. Mr. Dunn asked what the Town would normally have received for Parks and Rec for a project like this. Mr. Boucher said that even when they do negotiate this that it is not an automatic fee. It is a negotiation. He said that in a negotiation the Applicant would argue that they are giving the Town all of the open space land. Mr. Boucher asked if Council would then forgo getting anything else for these folks even if there is not a lot of recreation on site. Mr. Boucher reminded Council that the idea was proposed for open space offsite. He noted that they have made the argument that the Town has to take it in total. He said in the past they have asked for $500 or even $1,000 per residential unit depending on the circumstances and again not wanting to put words in the Applicant's mouth but said he thinks it has been discussed before that they would argue that the area of the open space's value is greater than anything they would get. Mr. Dunn asked about Fire and Rescue. Mr. Boucher said that typically the Town would get $100 a dwelling. Mr. Dunn said they were just talking about Fire and Rescue proffers at the Work Session so it is interesting to mention that. Mr. Dunn asked why if a proffer is a gift that the Town officially doesn't negotiate but that they unofficially negotiate. Mr. Boucher said it is voluntary. Mr. Dunn asked then why would the gift not be a proffer other than just calling it that. He asked why couldn't the applicant turn around and say because the whole proffer legislation is about unacceptable or harsh negotiations in gifting. He said there is nothing that would stop any Applicant from deciding, Richmond legislation or not, from bringing suit against the Town if they decided something was unjust. Mr. Dunn asked what really makes the gifting of the golf course any different from a proffer. Mr. Boucher said because it is not part of the rezoning. He said it is something that is happening outside of the zoning process so it is not considered a proffer. He said it is a separate document that would be created outside of this action. Mr. Dunn said the real answer is that there's votes up on Council tied to this gift. Mr. Boucher said he could not speak for anyone on 23 I Page COUNCIL MEETING November 26, 2019 Council but said that this is the process of the Applicant that has been agreed could be the process to be followed in this case if they want to gift it. Mr. Dunn said it is being brought up throughout and is the biggest discussion about everything that is going on and is almost like the 90 townhomes are a side issue. He said while they are important it seems like the issue of the gift is more important. Ms. Notar addressed the question regarding the difference between a gift and a proffer. She said there is a legal distinction in the Virginia State Code between a gift and a proffer. She said this gift would be to the Town and not to individual Council Members so the Conflict of Interest Act is not triggered. She said a proffer is a voluntary effort conditioned to mitigate an impact. She said those are two distinct things under the Code. Ms. Notar added that the gift now that they are talking about has changed and staff will get to that. She said the gift isn't to the Town anymore. She said the gift would be to the HOA or to a company that runs a Wetland Mitigation Bank. Mr. Dunn asked whose idea it was when they started thinking about this a few years ago to come up with the gifting of the course. He asked if it was the Applicant's idea or the staff's idea. He asked if it was Council's idea. Ms. Notar said it was the Applicant. Mr. Dunn said that staff has not addressed the new options coming forward regarding the gift. Mr. Dunn assumed the Applicant would do that. Mr. Boucher said a few of these events are just happening now. He said he would assume the Applicant would address this. Mr. Dunn asked how much discussion has staff had with the Applicant related to the back of the townhouses. Mr. Klusek said that the renderings were received with the fourth submission so that was the beginning of October. He said staff did its review and noted that they are letting the Council know at this time that they have the rear elevations for the first time and that staff thought there could be some additional articulation of the rear facade in particular and also that they don't have any information about the materials which is something that is typically provided by this time. Mr. Dunn asked how much as a governing body they can dictate sales price. Mr. Klusek said he did not believe they could at all. Mr. John Foote, with Walsh Colucci, representing the Applicant made a presentation on their proposal for the site. Mr. Foote noted that a draft proffer statement was provided to Ms. Notar on November 4 that he believes was not circulated to Council because it was in anticipation of Council's consideration of the readoption of the proffer system. Council did not do so and consequently the proffer statement was never formalized. Ms. Notar said she answered the question asked earlier in the meeting in response to whether a formal proffer statement was submitted which one was not. Mr. Foote was joined by Mr. Dave Rettew with Lennar who is the contract purchaser, Mr. Brian Prater with Walsh Colucci, Mr. Jeff Gilliland who is the engineer with J2 Engineers, Mr. Larry Beerman who has been working on the project, and Mr. Mike Rolband with Wetlands Studies and Solutions Inc. (WSSI). 24 I Page COUNCIL MEETING November 26, 2019 Council Comment: Council Member Dunn asked the Applicant to explain what the Wetlands plan is. Mr. Rolband said what his company proposes to do is create a mitigation bank. He said they will create wetlands and restore streams and reinforce areas and create pollinator meadows for the purposes of also providing nutrient credits. Mr. Rolband shared a rendering of a Concept Plan of forests and wetlands and restored streams and water bodies that they would like to put in the proposed area. He said the way they fund it is selling the credits to people like Towns that build roads and schools and Loudoun County, Metropolitan Washington Airport who is their largest client ever is the way they fund this project. He said they have done this since 1991. Mr. Rolband said they have created some really cool parks that are not publically funded but are privately funded. He said he has given them to different entities and that he has a non-profit also that can own them. He said basically what they would do is improve the water quality and flood control and improve the environment and natural habitats of this area and provide passive recreational facilities for the people. Mr. Rolband shared a picture of the existing stream and golf course and showed a rendering of the space after they have restored the stream and created more amenities for passive recreation, wetlands in the floodplain, and created a park. He said he has done this in Prince William County, and a wetlands bank off of Exit 5 on the Toll Road by the Harris Teeter. He noted there is a boardwalk that goes through the Wetlands system. He said what they would do is create these facilities and pay for them with their own money and sell the rights to different entities in the public and private sector groups that impact streams and wetlands and stormwater and dedicate it to either a non-profit or public entity for long-term maintenance. He said the Army Corps of Engineers and DEQ will require a fund to be created for perpetual maintenance so that it is regulated at the Federal and State level. Mr. Dunn noted that they are beautifying the flood area and not mitigating the flood area. Mr. Rolband said that the process of working in the flood area is they attenuate the flood so they do floodplain studies and typically wetland studies and typically wetlands reduce the flood peaks by acting like sponges like kidneys for the earth. They remove pollutants but also absorb flow rates. Mr. Dunn said by its nature the name wetlands denotes that the area will be constantly wet. Mr. Dunn said that the gifts keep on flowing on this. Mr. Dunn asked why Mr. Rolband would want to do all this work and then just give it away. Mr. Dunn said he thought he heard that they sell it or get credit for it. Mr. Rolband said that the 2008 regulations from the Army Corps of Engineers and EPA that say they have to in the end preserve and maintain it in perpetuity. He said typically they give it to a nonprofit or a government agency. He said he has his own nonprofit and also funds wetlands and stream research and is also a part-time professor of wetland stream administration for Cornell University and so he likes doing it. He said the goal for the government is to preserve these areas in perpetuity so they have to donate it to someone. He said this particular one in Prince William County was a 200+ acre park that he gave them. Mr. Dunn asked who maintains the park after it is donated. Mr. Rolband said usually the entity they give the park to be funded with an endowment so for example they are 25 1 Page COUNCIL MEETING November 26, 2019 working on one in Prince William where they have developed and endowment where they have all the costs estimated. They then meet with the agencies to agree on the costs and they look at the return on investment and the inflation projections and then they capitalize that by doing a sinking fund formula and then create a net present value and capitalize that project with that fund. He said Camp Snyder which is a Boy Scout Camp in Haymarket was created and he gave them $500K to cover the maintenance. He said that is their fund and the earnings off of the fund cover the maintenance. Mr. Dunn said based on what Mr. Rolband knows of the area so far since flooding is such a big issue in a number of areas, how much flood reduction would they see from their efforts versus an actual flood mitigation process. Mr. Rolband said what is interesting is that there are a lot of Army Corps Flood Mitigation processes like you see in Arkansas and along the Mississippi River do the same thing. He said it reduces the flood downstream because you are slowing down the water and trapping and absorbing it. He said now a lot of new projects instead of doing levees on the rivers they are breaking the levees and creating wetlands in those floodplains to slow the water down. Mr. Dunn asked the other Applicant team members if the intention at this point is that the open space of the golf course would be part of the HOA of the townhomes. Mr. Foote said there are two options that are proposed. The first would be to give it to the HOA with the option of the Town to request it and option two is that it would initially be given to WSSI after this and would go to the park immediately and not go to the HOA. Mr. Dunn said the first option would be to give it to the HOA with anticipation that it would go to the Town. Mr. Foote said it could go to the Town. He said the option would be for the Town to have a two-year option for the Town to consider taking it. He said if the Town chose not to take it, it would stay with the HOA and be subjected to a conservation easement so that it could never be developed. Mr. Dunn asked why the Town has to be involved with this private transaction. Mr. Foote said it does not have to be involved with the private transaction at all. He said that is why it is option two. Mr. Dunn asked who they anticipate would be acquiring the wetlands after two years. Mr. Foote said after two years there would be no wetlands at all. He said in option one there would be no wetlands mitigation bank and it would simply go to the HOA. Mr. Foote said for option two which is a separate option altogether would be for it to become a wetlands mitigation banking and the HOA is not involved and the Town's not involved except to the extent that it can reflect some real estate tax and collects BPOL on very expensive wetland credits. Mr. Dunn asked Mr. Rolband the timeframe for his project. Mr. Rolband said it typically takes one to two years to go through the approval process, then they build it and monitor it and maintain it for a minimum of ten years to meet all of the Army Corps of Engineers and DEQ requirements. At that point they can turn it over for perpetual maintenance. He said sometimes he has several projects where they are doing long-term research so he has them for 20 years. He said that is what he is doing right now in Reston. Mr. Dunn asked at that point if it can go to any non-profit. Mr. Rolband said it has to be a non-profit that is qualified to manage the open space and meets the criteria of DEQ and Army Corps of Engineers. Mr. Dunn confirmed that there 26 I Page COUNCIL MEETING November 26, 2019 are no costs at that point. Mr. Rolband said that all of the costs have to be borne by him and he has to set up financial assurance and a perpetual endowment. Mr. Foote said there is no contingent liability on the Town at any time. He said this process remains private. Mr. Dunn asked if the only process that involves the Town is if the land goes without wetlands improvement or any flood mitigation unless the Town makes that a requirement of the application although Mr. Dunn thinks at this point that would be considered a proffer. Ms. Notar said that the Town could not force that condition upon the Applicant. Mr. Dunn confirmed that option one is the ownership with the HOA with the right of the Town to have an option but the Town does not have to have an option because technically the Town or some other entity could decide to be the purchaser of this land sometime in the future. Mr. Foote said that it would at any time be subject to a conservation easement so there couldn't be development. Mr. Dunn asked if that would be put in place as a result of this transaction or if it was already in place. Mr. Foote said that it would be in place but is not there today. Mr. Dunn asked how many of the staff that are with him were involved from the beginning. He said he knows there have been different developers with this project. Mr. Foote said Mr. Gililand and Mr. Rettew. Mr. Dunn said to hang in there. Council Member Fox said that they said that the credits that would be sold to finance the mitigation bank would be sold to entities such as the Town. Ms. Fox asked how much a credit would cost. Mr. Rolband said it depends on the market and at this point there is an extreme demand in Loudoun County because of the data centers and wetland credits have been sold for as much as $500K per credit. He said the long-term average cost is more in the $125K range but right now the major conservancies are selling credits for $250K. Ms. Fox said that could be a cost to the Town should the Town buy credits. Mr. Rolband said that if the Town builds a project that destroys a stream or wetland, the Town has to buy a stream credit or a wetland credit. He said that if you can't meet stormwater management requirements that you have to buy a nutrient credit. He said it is the Federal government and the State government that is requiring them to do that. He said it is the cost of the project and the Town can buy it from anybody. Ms. Fox said that they said this is a private property and it is not going to be public. She asked if there would be an easement for a park. Mr. Rolband said what he has done in the past in several places is allow the public to use it. Ms. Fox asked how that works if it is private property that is maintained by him and every other private property she knows provides security. She asked Mr. Rolband if he provides security or anything like that. Mr. Rolband says what he has done in the past is put signage up along the trails and the security is done by the people that use it and if there is a problem they call the Police. He said what he has seen is mostly bird watchers and dog watchers. Ms. Fox asked if there was an issue that it would be Town Police that respond. Mr. Rolband said that was correct that it would be like any other private property. Ms. Fox asked about the taxes. She said it was stated earlier that he would offload it to a nonprofit or to a government agency at that point. She noted that both of those are pretty much tax free. She said the municipality would not garner any taxes but asked if up until then the Town would collect BPOL. Mr. Rolband said that typically it is 27 I Page COUNCIL MEETING November 26, 2019 taxed as open space anyway which is not that high and then he pays a BPOL tax when he sells the credits. Mr. Rolband said there are a lot of other taxes because they design it and hire contractors to build it and spend tens of millions of dollars so that there are all sorts of other taxes associated fueled with payroll and such. He said it is commerce. Ms. Fox said piggy backing off of Council Member Steinberg's question earlier about this being one big parcel. She asked if for some reason this didn't happen and they wanted to develop by -right and 27 houses would be built, what would be done with the commercial property since it is all one big parcel. Mr. Foote said if the rezoning is granted there would be no commercial parcel remaining. He said if the rezoning is granted it would be the only circumstance under which this would occur. Ms. Fox asked what if the rezoning wasn't granted and whomever decided to build by -right. Mr. Foote said he couldn't say because if the property is not rezoned then in all likelihood Lennar would likely drop the project and it will be up to the Dittmar Company to do what they want to do with it. Ms. Fox asked the staff that since this is one big parcel if there is a scenario in which by -right housing could be built and the commercial property portion sold. Mr. Klusek said yes that is possible. Council Member Thiel asked how the Army G2 was tied to this project. Mr. Rolband said it was the Army Corps of Engineers not the Army G2. Council Member Steinberg asked if any Applicant wished to come forward and want to develop by -right, what the responsibilities and obligations would be for mitigating all of the issues that they are talking about. Mr. Rolband said that there are no impacts to the stream and wetlands for the project right now. Mr. Steinberg asked in what way they would have to protect the sites that are not affected by development. Mr. Rolband said there would not be any requirement from a permitting standpoint. Mr. Steinberg asked if they were saying they could go in and build 27 houses without any concern for the streams and so on. Mr. Gililand said the development of the parcel would have to meet the Town regulations for the development of infrastructure of single family homes. He said anywhere there is a crossing of a stream they would have to design culverts. If there were impacts to wetlands, there would be a requirement to buy mitigation credits or to provide mitigation onsite or somewhere else. Mr. Steinberg said the same types of credits that would come at some considerable expense. Mr. Steinberg asked staff what their estimation is of the number of units that they think would be realistically accomplished under by -right. Mr. Klusek said that is a very difficult question to answer based on the very preliminary work that he has done but he estimated somewhere around 17-19 homes. Vice Mayor Martinez asked what the potential uses would be for the hotel/commercial property if it does go back and if so what the uses would be. Mr. Klusek said the B-3 Zoning District has a pretty extensive list of potential uses; however, there is a proffered rezoning on the site that dates back to the 1980s that specifically calls for a hotel. Mr. Martinez said if the current implications go away and it is sold as a commercial property that it has to be sold as a hotel. Mr. Klusek said alternatively it would have to come in for a different application. Mr. Martinez said that if it did come in as a hotel what would be 28 I Page COUNCIL MEETING November 26, 2019 the approximate size that would be allowed. Mr. Boucher said he believed it to be about 240 rooms. Public Speakers: Dan Williams, 1119 Bradfield Drive. Said he is a resident of Country Club and raised his two daughters there. He said he worked for 32 years for Community Design Land Planning engineering firm so he is familiar with this. He said on the side he does artwork and had studio space in downtown Leesburg. He said Leesburg has been his home and a special place for them. He said that Council has understandably been talking about all of the mechanics of what could happen and that Council has the duty of taking all of the factors into account. Mr. Williams wanted to underscore the open space. He said he does not front on the golf course. He said he took a tax map out and counted about 172 homes that back right up to the open space that is between Country Club which doesn't have an HOA and Woodlea Manor that does. He said then there are folks like himself that sit back one or two streets. He said they all cherish the open space. He said it has been a golf course and that it hasn't been theirs and they know that. Mr. Williams said that their daughters spent a lot of time between Greenway Farms in the stream through there. He said taking a step back to the 30,000 foot level that there seems to be an opportunity in front of Council to find a way to put a facility in the SW quadrant of Leesburg that doesn't exist today. He said the new idea of using the private sector to help fund this project not to simplify seems to be a no brainer because it is not that simple. He said he would urge the Council to spend the time to listen to the folks in attendance that appreciate the value of the quasi -public space. He said if it goes to the 27 lots that the space is going to be divided up amongst those home owners and that accessibility is going to be gone. He added that the golf course provides a visual amenity. He said these facilities are wonderful. Teresa Ferland, 1229 Bradfield Drive. Said she is a resident of Woodlea Manor. She said that this project also affects Woodlea Manor and she said she knows that the Country Clun neighborhood is greatly affected as well. She said that she is worried about the Woodlea Manor part. She said it is the little skinny part and is worried that it is going to get completely forgotten and who knows what is going to happen to it. She said she is not sure if the wetlands goes all the way through. Ms. Ferland said this is the first time she has heard about the HOA option one and it scares her to death. She said she does not know what that means, how much it is going to cost and if they will be able to use it. She said that option two is intriguing and sounds like it is done with mirrors. Ms. Ferland said that to her this is a math issue because if they are going to say that these units are going to be $500K and there's 90 of them that they are looking at $45M. She said if they have 18 lots that they can build those houses have to be $2.5M to recoup the amount. She said they will never sell for that amount in that area. She said that she is worried that this is going to go on and on and on. She said that it is not what is needed in that area. There is already so much residential 29 I Page COUNCIL MEETING November 26, 2019 already impacting them. She said that corner is a nightmare and asked if any of the Council members live in that sector. She said it is a nightmare morning noon and night. Ms. Ferland said she doesn't see where any of the plan mitigates any of the traffic. She added that 55 students to the schools for 90 homes is suspect and she would like to see the math. She said they are going to have a lot of kids. Ms. Ferland said to her the numbers are as clear as mud. She said every time she goes to the meetings it is a moving target. She said as soon as they see something it moves. Personally, she said, she would like to see Lennar walk away. She said there are others and she thinks that there is a better use for this land. Ms. Ferland said she would not vote for this. Lee Pantas, 1312 Hawling Place SW. Said he and his wife moved to Leesburg 10 years ago because it was charming. He said the last few years it is starting to lose some of that charm. Mr. Pantas said that the project feels rushed and that there is a lot of fear mongering. He said he is attending this Council meeting because he received a registered letter because the other parties had outside counsel involved. He said that in and of itself seems a little suspicious. He said the previous speaker spoke about the traffic and how getting in and out of the development is now a project. He said to go across the Town to Ida Lee at certain times of the day can take 30-40 minutes. He said he did not want to see Leesburg become Manassas. He wants to keep it Leesburg. Lois Powers, 132 Governors Drive SW. Showed Council a headline from the local paper. She said it says "Supervisors to buy 106 acres for Western Loudoun Superpark." Ms. Powers said if they can do it, why can't the Town. She said she lives very close to the golf course and remembers seeing the regular guys coming through and having a wonderful time. She said there were a lot of blue collar workers that can't afford to go to the higher priced courses. She said to take that away makes her feel really bad. Ms. Powers said she misses hearing them laughing and having a good time. She said the prospects don't look very good to her but she is hoping that each one of them will really consider what this means as an opportunity and hopes that Council will take it. Kari Nacy, 1118 Franklin Court SW. Spoke to Council as a private citizen of Leesburg and not representing anything else. She said on the surface the land outside of the 96 townhomes seems really valuable but that she has come to believe in her short 36 years that if something sounds too good to be true then it usually is. She asked Council to keep this is mind with the strings that come attached with that gift of land. Ms. Nacy said that when it comes down to it that there are thousands of planned developments that have already been approved in Leesburg that are going to be built over the next several years. She asked if they really need 96 more townhomes and is the question that they should ask themselves. She asked if they are willing to give up what little commercial property is left in Leesburg for residential. Ms. Nacy said it comes down to whether or not Council is willing to rezone commercial property that can be anything. She said maybe there's another buyer out there that wants to build a 30 I Page COUNCIL MEETING November 26, 2019 gold course or a buyer that wants to build a hotel and have a community pool or build a recreation center. She said Council should ask themselves if they are willing to rezone commercial property to residential if they really need it. She said the mitigation for traffic as someone mentioned earlier for that side of Town is miserable morning, noon and night. She said the thought of 96 more townhomes and the people that brings even if it is just two per household is at least two cars per house at the very least. She said if 96 of those townhomes had two kids each would send them to Catoctin Elementary which is already overcrowded with classes in the hallway and Meadowbrook with 400 more homes and Evergreen is going to be full. She said she just didn't see how the numbers work out for schools, traffic or just the general need in Town for 96 more townhomes. Carol Mack, 1106 Norris Court. Said she has been a Leesburg resident for decades. She said she has been working on her life in Leesburg for decades and appreciates Council for working for months on this project but she has been working for years to create the community that is Leesburg. She thanked Council for their consideration and acknowledgement of the impact it can have on their community. She said the pie in the sky kind of development that she sees and nothing really coming to the table that looks promising to the residents that are there. Ms. Mack said she hasn't seen anything yet. She said that they know there is going to be change and thanked Council for their time and thoughtfulness for considering what might work. Brian McAfee, 204 Lawnhill Court. Spoke to Council as a resident of Greenway Farms which is right around the corner. He said some Council members have already replied to his email so Council is aware which side he stands on. Mr. McAfee said there are a number of reasons that this should be denied. He said this goes against the Town Plan for starters and removes the available commercial zoning which the Town's Economic Development staff has repeatedly said the Town needs more of. He said no offense to the traffic study but 90+ homes at $500K+ that these homes will be bringing in two cars per family and is a lot of traffic as it has already been pointed out is that there is only one way in and out. He said that it is right at the entry to the Route 15 entry to the Route 7 bypass. Mr. McAfee said he went onto the public records and learned that the only intersection with more traffic accidents was Battlefield and Route 7. He said this intersection is an accident prone area and that is the only entry and exit into this location. He said in talking about schools, he would be curious to know how focused that research was on the number of students because as it has been brought up, that Meadowbrook community which is less than 25% done is going to be over 400 homes. He said Rogers Farm which hasn't even begun yet is close to 150 homes. He said all of these three different properties are less than 1.5 miles away from each other. Mr. McAfee said that all three different developments are within a mile and a half all going to the same schools. He said think about that in terms of school overcrowding. He said that being said unfortunately the conversation that has monopolized this evening is an 31 I Page COUNCIL MEETING November 26, 2019 ethically questionable loophole of a quid pro quo where the gift of land is contingent upon zoning approval. He said that it is unfortunate that this has been the bulk of the conversation. Mr. McAfee said the first four reasons should be reason enough to deny this application. He said the application presented at the last public hearing, Town staff as well as all seven members unanimously recommended denial so his request is to respectfully go ahead and follow suit and recommend denial of this application. He thanked Council for their time and service to the Town. Jim Bonfils, 22009 Crested Quail Drive, Ashburn. Spoke to Council as a resident of Ashburn. He said he was very attracted to this application because of his experience with trails and parks, sports and youth going back to when he moved to the County in 1988. He said changing this golf course into these kind of usable trails and amenities is very attractive. He said he knows there are a lot of other impacts on the community to putting in the townhouses and changing of the real estate but the amenity of over 100 acres would be an incredible balance on the south side of Town for open space to the incredible park that is on the north side of Town where his daughter and her husband and his grandson live near Ida Lee in Exeter. He said this would be a great amenity in the southern part of Leesburg. Mr. Bonfils said the conversation has been interesting and thanked Mayor Burk for her support of the non-profit over the weekend. Virginia Davies, Country Club. Spoke to Council and said she shared the many concerns of the residents in Country Club and Woodlea and the surrounding area in that community. She said she has been coming to these meetings since this first began. Ms. Davies said that some on Council may have seen her face before. She said that she cannot stress that she really feels that there are better things out there. She said she did not like the idea of high density housing and said that they are already managing with high traffic and noted that they have the Greenway now letting off at Compass Creek and traffic is flooding onto Battlefield which is now going down Evergreen Mill Road and onto Route 15. She said now with the potential of these 96 townhomes that there is so much and it is overwhelming. Ms. Davies said she can't tell them how many kids almost get hit trying to get across the road even with the signals and crosswalks. She said people don't take in mind how much traffic there is coming into the neighborhood. Some are just coming into the neighborhood to make a U-turn just so they don't have to wait at the light. She said she does not believe the numbers for the schools as factual. Ms. Davies said that Catoctin Elementary was at almost 96% last year. She said that Evergreen Mills will be hugely growing. She said she didn't even want to talk about Loudoun County High School. Ms. Davies said there is already a major parking situation there and they are looking at a huge influx of kids at the schools. She said they have to take into account the things that are just for the community not just the golden ticket out there that is open space. She said she would love to have open space in their backyard. She said she lives on the second hole of the golf course with a beautiful green area behind her house. She said it is beautiful. She does not want it 32 I Page COUNCIL MEETING November 26, 2019 jeopardized but would rather see it by -right developed than to put all of the multi- family homes that are going to create even more traffic. She said they are saying by -right will create more traffic but she sees the same amount of cars going into a townhouse that she does going into a home. She said they might only be giving them two slots but that doesn't mean that they aren't going to have cars going all the way up on that side of Country Club Drive because people won't have parking spots. She said that is another issue that the Town will have to deal with at a later event. Ms. Davies said she lives in a townhouse community and there is never ample enough parking. She said there are people that have two teenagers and now you are looking at four cars. She asked where they would park. Mayor Burk noted that a number of residents had contacted Council and because of the Thanksgiving holiday could not attend the meeting to speak. She asked Council if there was any objection to continuing the Public Hearing to December 10, 2019. MOTION2019-238 On a motion by Council Member Thiel, seconded by Council Member Steinberg, the following was proposed: To defer the Hearing for Westpark to the December 10, 2019, Council Meeting. Council Comment: Council Member Dunn said that staff had suggested a Work Session. He said he was not sure if Council feels like they want to go to a Work Session on this. Mayor Burk said that Council can hear what people have to say on December 10 before making that decision. Council Member Campbell said the reason he does not support extending this is that it also gives the developer more time so no voting doesn't take any pressure off of Council to make a decision. He said it puts more pressure in an untimely way. Mr. Campbell said while there may be more comments, that the comments that matter the most at the end of the day are based on how they vote. He added that if there is additional information that Council wants to get in the next two weeks, he encourages Council Members to get it and not sit back and wait for additional residents to comment. The motion was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Campbell Vote: 6-1 b. Award of Lease for Airport Office Suite #3 The public hearing was opened at 9:57 p.m. Mr. Co man gave a brief presentation on the proposed lease for Leesburg Executive Airport Office Suite #3 to JYO Aviation dba OpenAir Flight Training. 33 I Page COUNCIL MEETING November 26, 2019 Council Comment: Council Member Fox asked who was leasing the space previously. Mr. Coffman said Av Ed Flight School was renting the space. Ms. Fox asked if the Town is seeing an increase in rent for this space. Mr. Coffman said that was correct. There were no citizens wishing to address this public hearing. The public hearing was closed at 10:01 p.m. MOTION 2019-239 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: ORDINANCE 2019-0-019 Awarding a Lease between the Town of Leesburg, Virginia and JYO Aviation D/B/A Openair Flight Training for Office Suite #3 Located at the Leesburg Executive Airport Terminal The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 c. Public Hearing for Amendments to the Business, Professional and Occupational License Tax Provisions of Town Code for State Code Compliance The public hearing was opened at 10:01 p.m. Ms. Haley gave a brief presentation on the proposed Town Code amendments to the Business, Professional and Occupational License Tax Provisions for State Code Compliance. Council Comments: Council Member Dunn said that in some of the language it says that this is required by the State. He asked Ms. Haley if she means that the State allows it to be an option. Ms. Haley said that the Town has the authorization to impose BPOL from § 58.1. She said in order to comply when the Town reaches 50,000 people the Town has to change the threshold. Mr. Dunn confirmed that this means change the threshold from 50,000 to 100,000. Ms. Haley said that correct. Mr. Dunn said that the Town is still using estimates on population. He said that the Town does not know the actual population unless the Town has done some type of census in the interim of the last census. Ms. Haley said they are anticipating that the census to be updated in 34 I Page COUNCIL MEETING November 26, 2019 the near term and BPOL filing is an annual calendar year filing. She said they were wanting to get it in place ahead of time so that people do not have to go back and refile when the actual census comes through. Mr. Dunn said that Richmond raised it to 100,000 so that the advantage of doing a flat rate could be used by small businesses who are making less than $100,000 so they would not have to be taxed on their gross receipts between $50,000 and $100,000. Mr. Dunn said that it was an advantage to small businesses to raise it to $100,000 so that those that are most in need would not have to pay more taxes. He said that the Town is changing that by saying those that are most in need that their flat rate is going to be doubled. He said that these are the people who weren't making $50,000 last year. Mr. Dunn noted that Mr. Steinberg was a small business person in Town but didn't know if anyone else on Council is. He noted that he was. He said he doesn't have gross receipts over $50,000. He said now that his gross receipts are not increasing the Town wants to take even more money from him for not doing any more business. He said this was not an opportunity for communities to go after and get more funds. He said it was designed to help small businesses only have to pay a flat rate instead of the gross percentages between $50,000 and $100,000. He said it is improper to go after those people who are in most need and double the Town's taxation on them otherwise the Town is going to be coming up with a $25,000 shortfall in a $130M budget. Mr. Case said what Mr. Dunn is saying is not accurate. He noted that up to $50,000 a flat fee of $20 is paid. He said that if your gross receipts were in excess of $50,000 a percentage was paid and that the percentage averaged out to the $40 net revenue. Mr. Case said what the Town is doing is adjusting the flat rate to generate the same amount of tax for that same user base. He said while the rate is going to go up for those people who are under $50,000 it is in effect less than what people between $50,000 and $100,000 are making. He said it is a shift within that group. Mr. Dunn said that he may not have said it the same way as Mr. Case said it but he is saying the same thing. Mr. Dunn said the Town is affecting and taking the people who are below $50,000 and raising their flat rate up to compensate for what the perceived loss is from the $50,000 to $100,000. Mr. Case said the State legislature chose to structure it this way and all the Town is doing is keeping it revenue neutral for the Town. He said the taxpayers within those brackets are paying the Town the same amount of revenue and it is not a thing where the Town is taking a tax revenue increase. Mr. Case said this is revenue neutral to the Town. He added that there are winners and losers because of the change. Mr. Dunn said there doesn't have to be. He said what Mr. Case is saying to be sure that they are clear is that if a business was like his with less than $50,000 in gross receipts you pay $20. Now the Town wants $40 from him. Mr. Case said that is correct and that people between $50,000 to $100,000 in gross receipts will be paying less. Mr. Dunn said while $40 may not seem like a lot. He said for him for a business like his, he is basically paying for a business license. That is about it because his business is not doing a whole lot of anything. Mr. Dunn said this just adds onto an additional fee that he has to pay for not doing or getting back from the Town 35 I Page COUNCIL MEETING November 26, 2019 anything more than the Town wanting to make up for a shortfall of $25,000 from the $50,000 to the $100,000 block. He said to keep in mind that a business making $100,000 is not a top of the line business just raking in the money. He said he would not be supporting this and said it is a shame that the Town is looking to hit those who are in need the most. Mr. Case said staff did not institute the change. Staff is just trying to comply with the statute. Council Member Steinberg said he had to slightly disagree with Council Member Dunn's assessment. He said he read the Code and spoke with several members of staff and no one seems to understand why the State has decided to go this route. He said it has nothing to do with the goodness of their heart for lower income earning businesses. Mr. Steinberg said it seems to him that they arbitrarily decided to change the threshold when the population gets to a certain level and in this case is 50,000. He said it does not take into account the type of business in Town. Mr. Steinberg asked what if your dollars are flowing out of Town to the Internet as an example. He said whatever the rationale is for the State is beyond him as several other people said. He said it is prudent given the budget pressures Council will be seeing in a few months that the $40 flat rate is a good way to go just to keep this as a revenue neutral situation given the State's unexplainable decision. Council Member Campbell said every year the Town sends information to ask the State not to pass legislation that is an unfunded mandate. He said in this case the State is actually making money for the Town to move into a different category as a population. Ms. Haley said this is not a new Code change. He said as the State anticipates that the population in certain areas grow that they are going to get more BPOL tax. He said that is the logic as to why they have the escalator clause in the first place and noted that he has seen them in other states as well. He said that the Town talks about being small business friendly and that they talk about an attitude and a culture versus just compliance. Mr. Campbell said he has heard it too many times noting that just because they have a right to do something doesn't necessarily make it right. He asked what message the Town wants to send to the business community and are they going to send that message every time the State places a burden on the Town and means that they have to get it back from somebody because it means a loss in revenue for the Town and they get their additional revenue back from the businesses. He said he used a phrase at the Work Session — airline baggage fees. He said at some point there's a value at which they don't want to go past and a burden that they don't want to put and is it worth the $25,000 to double the flat fee from $20 to $40. He said he did not think it was a bad thing to do or a significantly bad message and if it starts a trend that they are only going to follow a path of what Richmond sets and the lobbying efforts aren't successful then they are always going to get it back from one of three sources —either the revenue from the residents from property taxes or additional nuisance taxes or the businesses. Mr. Campbell asked Council to carefully consider the vote on this item. 36 I Page COUNCIL MEETING November 26, 2019 There were no citizens wishing to address this public hearing. The public hearing was closed at 10:15 p.m. MOTION On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: ORDINANCE Leesburg Town Code Chapter 20 (Licenses, Taxation and Miscellaneous Regulations), Article IX (Business, Professional and Occupational License Tax) Leesburg Town Code Appendix B — Fee Schedule, Section 20-242 (Business, Professional and Occupational License Tax Issuance Fee) The motion failed by the following vote: Aye: Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Campbell, Dunn, Fox, Thiel Vote: 3-4 Ms. Notar said that Council does have the option to reduce the flat fee. She said the threshold is mandated by the State Code. Council Comment: Council Member Dunn said that it was clear to him and noted that he was going to make it as a suggestion that if the mandated part is the $100K threshold; however, it is still an estimate and if Council is going off of an estimate that they may very well surpass but right now he did not think it is a requirement because they cannot point to anything unless staff can tell him otherwise that the Town's population is definitely over 50,000 people. Ms. Haley said that the Town does not have a census to confirm that the Town is over 50,000. Mr. Dunn asked if the Town has to do it if it can't prove that the Town is over 50,000 people which will be some time next year. Ms. Haley said that was correct but that the filing for the calendar year starts January 1, 2020, so anyone who files prior the confirmation that the Town is over 50,000 people would have to go back and amend their return. Mr. Dunn confirmed that the Town does not know when those numbers will come out in 2020. Ms. Haley said her recollection is around July but staff does not know for sure when the numbers will be released from the census. Mr. Dunn asked if the Town does go with this that the Town could do the $100K threshold but not raise the flat fee and keep it at $20. Mr. Case said that they could keep it at $20 which would be an option. Mr. Dunn said that would be something he would be willing to do. Mr. Case and Ms. Haley said that is Council's option. 37 I Page COUNCIL MEETING November 26, 2019 Mayor Burk asked for an alternate motion. MOTION2019-240 On a motion by Council Member Dunn, seconded by Council Member Thiel, the following was proposed: ORDINANCE 2019-0-020 Approving the Ordinance to change the threshold for the flat fee to be compliant with Richmond's $100, 000 threshold but keep the flat fee at the current $20. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Thiel Nay: Steinberg and Mayor Burk Vote: 5-2 d. TLOA-2019-0007, Creating Two (2) New Zoning Districts: Planned Development -Commercial Center -Small Regional Center PD-CC-SC, and Planned Development -Industrial Park (PD-IP) The public hearing was opened at 10:19 p.m. Mr. Watkins gave a brief presentation on the proposed amendments to create two (2) new Zoning Districts: Planned Development -Commercial Center - Small Regional Center PD-CC-SC, and Planned Development -Industrial Park (PD-IP). Council Comments: Council Member Steinberg said in the list of uses in included monopoles, antennas, cell installations, etc. He asked to what degree the Town obtains control of those types of uses. Mr. Watkins said that if it was a permitted use approved under the County's PD-CC-SC then it would get incorporated into the Town's Ordinance. He said the direction Town staff received was to continue those Loudoun County development approvals. He said if those uses require Special Exceptions in the County, then they would be required to go through a Special Exception process in the Town as well. Mr. Steinberg said even though those uses were included in these two new Zoning Districts the Town would still maintain the approval process. Mr. Watkins said that was correct. Mr. Steinberg said that he also noticed landscaping and lighting. He asked if the Town also maintains control in the same way they would for any other property within the Town limits. Mr. Watkins said that for the landscaping requirement what they did was reflect the County's Ordinance which essentially creates a perimeter buffer yard around the property and the interior landscaping standards aren't as stringent but if they were to come through a different process outside of this text amendment to rezone the property they would relook at those development standards. He said the text amendment reflects the Loudoun County standards and for landscaping it would be street trees and essentially a perimeter buffer yard around the 38 1 Page COUNCIL MEETING November 26, 2019 property. Mr. Steinberg asked if the same holds true for the lighting design. Mr. Watkins said lighting in the County and the Town are pretty much the same standards as far as light trespass but neither have a specific lighting standard. Mr. Watkins said it is his understanding that Mr. Steinberg requested lighting standards which can be included in a future Batch Amendments but for the current text amendment, it will reflect their Ordinance today which is light trespass at the property line. Mr. Steinberg asked about signage. Mr. Watkins said the applicant has comprehensive sign plan that was approved by Loudoun County that is incorporated by reference in the text amendment. Mr. Steinberg asked if it mirrors the regulations in the Town. Mr. Watkins said it mirrors it but an Applicant can propose a comprehensive sign plan that creates different allowances. He said it allows staff to review it for static elements. Council Member Fox said that this zoning is for specific parcels. She asked if it will ever extend to other parcels. Mr. Watkins said they would have to go through another text amendment to extend it to other properties. Council Member Campbell said to confirm along with Council Member's Steinberg's line of thinking is that the Town really doesn't have control. He said this was done as a part of the conditional agreements that the Town would honor the County Zoning and then rezone accordingly. Mr. Campbell said that this wasn't about whether they met the Town's standards but it was about meeting the County standards. Mr. Watkins said that was correct. Council Member Dunn asked if this is based on the current Zoning standards of the County or if the County Zoning standards could change would the Town be subject to those changes. Mr. Watkins said what the Town is doing with this text amendment is a snapshot in time and they are freezing the current development standards that are reflected in the current County Ordinance and incorporating them into the Town's Ordinance. Mr. Dunn asked if the Applicant should desire or lease out a portion of their property to put up some kind of communication pole are they required to do that or would there be a safety net since this is right next to the Airport. Mr. Watkins said no matter what structure is constructed in proximity to the Airport, the structure would have to go through the FAA certification process so as far as heights are concerned and they would protect the Airport. Mr. Watkins said regarding the telecommunications facilities themselves, a monopole requires a Special Exception review. He said the small cells and the smaller type telecommunications facilities, would be permitted by right but a monopole requires a Special Exception. Mr. Dunn asked if they are using the Town Special Exception policy or the County's. Mr. Watkins said that they would be using the Town's. Mr. Dunn asked if there was a difference. He said that this does not go into effect until the BLA is improved; however, this has been a moving target that they have been dealing with especially with this Applicant. He asked what would happen if something else comes up that they come back to the Town with a "what if" or an "oh by the way." Mr. Watkins said the "oh by the way" would come with the last agenda item for Council. He said there is always the option of going 39 1 Page COUNCIL MEETING November 26, 2019 back and amending the Ordinance. Mr. Dunn said that Council could also rescind too. Mr. Watkins confirmed that was correct. Mr. Dunn asked Ms. Notar if Council can only rescind as long as action hasn't taken place under that legislation has not occurred. Ms. Notar said it is a vested right question that Mr. Dunn is asking and that he is probably right. Mr. Dunn said that if Council takes action on it in some form, that Council could not rescind if their action was a result of passing this legislation. Ms. Notar said that is probably correct but told Council to keep in mind that they only become effective when Council approves the BLA. She reminded Council that they do not have to approve the BLA. She said they cannot go to the Court who ultimately must approve the BLA unless the property owners consent and everything is done according to their conditions. Mr. Dunn asked if she meant the whole BLA or just a portion. Ms. Notar said this is only applicable to the Peterson BLA. There were no citizens wishing to address this public hearing. The public hearing was closed at 10:31 p.m. MOTION2019-241 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: ORDINANCE 2019-0-021 I move approval of Zoning Ordinance Amendment TLOA-2019-0007, Addition of County Districts, PD-CC-SC and PD-IP, to the Town of Leesburg Zoning Ordinance, on the basis that the amendments further the objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 e. TLZM 2019-0002, Compass Creek Properties The public hearing was opened at 10:33 p.m. Mr. Watkins advised Council that the next step is the mapping exercise. He said that this is related to the Boundary Line Adjustment. He said part of the process is to map or designate these properties. Council Comments: Council Member Fox said she understands what the Town is trying to do but said it feels a little like spot zoning. She asked if that is what the Town is 40 I Page COUNCIL MEETING November 26, 2019 doing here. Mr. Watkins said no it is not spot zoning. He said the reason he says that is that for this district that is being designated is similar to what is adjacent to it. He said Freedom Park is adjacent to this parcel. He said an extension for the zoning of Freedom Park is logical. He said for the Peterson tracts, because of where Ion sits, it is currently Town zoned I-1. He said the PD-IP is equivalent to the County's Zoning District so there's an equivalency there. Mr. Watkins said it is the same thing for the PD-CC-SC has a variety of uses to it and outside of the Town P District the only planned P District the Town has is PRC which has a residential component. He said they are not considering residential uses. He said PEC is the other planned Town employment development districts. Mr. Watkins said that B-3 has the equivalency to what it was previously zoned. He said it is the same thing for the Walmart and the At Home properties and obviously for the Airport the Town is designating it with the Airport Zoning of MA. Ms. Fox said it seems like there are so many different designations for one teeny small area which is why she was wondering about it. Mr. Watkins said they are not spot zoning. Council Member Campbell said about a month ago the Town saw some Concept Plans. He said the Peterson Companies wants these designations to do certain things. He said he did not know if they have all of those concepts again but he did recall that there was some debate and not necessarily consensus over what they are proposing to develop and build in these spaces and the impact to the Town. Mr. Campbell said at the time Council was told don't worry about the impact just take the money which he believes is a foolish thing to do. He said the Town should only take the money if it makes sense. He said he wonders again if staff has those Concept Plans. He said he could go back and look in the record but he would like to be reminded. Mr. Watkins said that with the REP it is going to stay parkland. He said where the Ion facility is now the plan for that is to do an expansion to the north and potentially because the area to the north of the building is parking then a different portion of the property on an interim basis would provide the necessary parking on that site. He said that for another piece there is a hotel/retail/restaurant development that is a sketch plan presently. Mr. Watkins said Walmart is developed and At Home is a hair shy of getting all of their permits to start construction. Mr. Watkins said there is nothing proposed on the Airport property at this time except for Master Plan hangar expansions in the future. Mr. Campbell said he thought he heard about drive-thru restaurants and fast food. Mr. Watkins said what is pending and staff has accepted and is reviewing now is the application for fast food eating establishments. Mr. Campbell said that this is the application in front of the County. Mr. Watkins said that this property is currently in the Town boundaries and is currently zoned I-1. He said the proposal is to switch it to a B-3 Zoning District so that application has been accepted and is in for review. He said the Planning Commission's Public Hearing is scheduled for December 19 with Council action in January. Mr. Campbell asked if that is the only parcel currently in the Town. Mr. Watkins said that was correct. Mr. Campbell asked if the other planned uses are concepts of applications that have been submitted to the County so the advantage is other than the one parcel they are talking about changing I-1 to B-3 41 I Page COUNCIL MEETING November 26, 2019 is financial because they can basically have approval to do these things anyway for the County. Mr. Watkins said that was correct and that they do have approval. Council Member Dunn said that Mr. Watkins was pointing out individual parcels. He said that the Town is still planning to do a BLA for Area 1A. Mr. Watkins said that was correct and that it is the next item on the agenda. He said Ms. Notar will take Council through that process. There were no citizens wishing to address this public hearing. The public hearing was closed at 10:43 p.m. MOTION2019-242 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: ORDINANCE 2019-0-022 I move to approve rezoning application TLZM-2019-0002, Compass Creek Properties, based on the Finding for Approval as stated in the November 26, 2019 staff report and on the basis that the Approval Criteria of Zoning Ordinance Sections 3.3.15 have been satisfied and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. The motion was approved by the following vote: Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: None Vote: 7-0 f. Adopting a Boundary Line Agreement (BLA) for Portions of Compass Creek The public hearing was opened at 10:45 p.m. Ms. Notar gave a brief presentation on the proposed Boundary Line Agreement. She noted that both the Town and the County have to hold Public Hearings on this Agreement. Council Comments: Council Member Steinberg confirmed that the B-3 rezoning goes into effect only if the BLA goes through. Ms. Notar said that was correct. Council Member Dunn said that Ms. Notar mentioned that the BLA is just the dotted line parcels. Ms. Notar said that the line that was depicted was the Boundary Line adjustment area. She showed Council what would be the new boundary if approved. Mr. Dunn asked if the buildings not included were At Home and Walmart. Ms. Notar said that was correct but is not part of the current BLA. She said that Walmart did not give consent in time. She added 42 I Page COUNCIL MEETING November 26, 2019 that they have just recently received At Home's consent but it was not received in time to be included in what they are calling the Peterson BLA. Ms. Notar said those properties are still in the County. Ms. Notar noted on the map the area where the large Peterson parcel is located where they are planning a hotel. Mr. Dunn asked what was happening to the other parcels to the south of Compass Creek Road. Ms. Notar said that was Compass Creek Parkway and the parcel in question is Microsoft. Mr. Dunn said that the Town does not have At Home or Walmart and asked who own the properties on either side of the ramp coming off of the Greenway. She said that is owned by Peterson but is not part of the current BLA. Mr. Dunn asked why not. Ms. Notar said that Peterson has not told them officially but she believes they want to market it for a data center. She said it is very desirable to be in the Town even though you have to pay Town taxes for personal property and real estate as the utility fees are reduced because you get in -Town rates. Ms. Notar said that for these uses like hotels, offices, retail, it is less expensive to be in Town but that is not the case for data centers because the personal property is assessed at such a high value. She said the Peterson Companies did not give consent for this parcel or the 25-acre portion of their parcel because they want to keep the option open for a data center. Mr. Dunn asked when Council was made aware of this. Ms. Notar said that it was known from the very beginning and that this acreage was never in play. Mr. Dunn said that he must be the only one in a complete disconnect on this because he was under the impression that they were moving forward in this process to do a BLA in Area 1A. Mr. Dunn said that it was his understanding that they needed to get all of the players involved in order to do this with the County and that they have to get smiley faces on everybody's homework with all of these people such as Microsoft, At Home, Walmart, Peterson and Ion. He said there may be others. Mr. Dunn said he did not think he was the only one that missed this but asked when the Town backed away from this parcel. Ms. Notar said that the Town never backed away from it. She said that the Town can contemplate whether it pursues the parcel for a future BLA and yes it will but part of the Town's efforts as the County has conditioned any BLA on consent that they will try to do as many BLAs as they can. She said the BLA on the agenda tonight is the first BLA to occur and will hopefully set the stage for further BLAs as soon as they get consent. Mr. Dunn said in his view, this greatly hampers the Town's ability to get other future BLAs because the Town has shown that it is now willing to take a partial slice of the pie and that they are going to have to be nickeling and diming for every chunk of land. He said he understood the concept because he heard the consultant last time he was here that the Peterson BLA is going to be the benchmark of how to do this. Mr. Dunn said this doesn't look like the benchmark with Peterson that he wants to go forward with with applicants dealing with BLAs or rezonings and so forth. He said the applicant Peterson are holding all the cards in this situation and the Town is just saying yes ma'am and yes sir. Mr. Dunn said now he is hearing for the first time and has tried to pay pretty close attention that what he thought they were doing was trying to get agreements with everybody to do a BLA of this whole chunk. Now he said he sees that the Town is doing bits and pieces and that there's no prospect 43 I Page COUNCIL MEETING November 26, 2019 that the Town will get the other properties including Microsoft. Mr. Dunn said the best prospect they have with Microsoft is that the Town just agreed to give them some water. Ms. Notar said that they had a discussion on that as well. Mr. Dunn asked staff to tell him at what meeting he would have seen this broken up like this. He said he did not believe it was the last Closed Session he sat out of because he was tired of Closed Sessions on this. Mr. Dunn said he did not recall this being broken up like this ever before that the intention was that they are doing a BLA in this area and that they had to get agreements with everybody. Mr. Dunn said he did not know when it was decided that they had to go down a different road and do this piecemeal route. Mr. Dentler said he could not recall the specific date where they have had the specific question but did say that he could assure Council that this has been discussed multiple times in public and in private that this is not new information and there is a whole slew of staff here and others and they have been providing this information to Council. He said it is impossible for the Town to get all of the parcels on consent in order to move forward with one BLA the way the rules are being played by the County. He said they can't get it so the Town has been advising Council that staff is going about it in piecemeal fashion and they are making significant progress. Mr. Dentler said he stood right at the podium and said that the Town was making significant progress. He said the Town is doing that. Mr. Dentler said At Home has agreed and that will be another BLA that Council will have to deal with. He said that staff is confident that they will be able to bring Walmart into the Town. He said that they are confident that Peterson and the 25-acre parcel will come in. Mr. Dentler said that Microsoft is a different discussion point and that has been known from day one as well. He said everyone is entitled to their opinion and he is not disputing that but he can assure Council from a staff level that they have informed and educated Council that this is the process that they are following and this is not new information. Mr. Dentler said that it may have been understood it to be different information but from staff's perspective and what they have been relaying, this is not new information. Mr. Dunn said he could understand staff's approach but the measure that was placed before the Town by the County was unobtainable. He said that the Town is not going to get everyone happy. He said he would have rather than broken this up, sought the County's approval to consider other terms in which they would be willing to do the BLA. Mr. Dunn said that is what he would have done because in the end there really is no difference then that they are going to have to go out and get everyone happy but now it is individual happy. Mr. Dunn said he would have felt it would have been better saying hey we have these people on board and the Town is trying to get to a certain point and it can almost help negotiations rather than the piecemeal approach but that is him. Council Member Campbell said in response to what Council Member Dunn said it was a reality that the Town could not get it all. He said he was not sure if it was a strategy change much less a reality check. Mr. Campbell said his concerns are about these conditions. He said he did not know if At Home has any conditions and certainly the fact is that the Town is open as a store for conditions. He said that is what part of this template is. He said this is not the 44 I Page COUNCIL MEETING November 26, 2019 last time the Town will be asked to do something inside or outside or where those conditions may fall. He said his fear is not about meeting conditions but his fear is about if the chase is only economic and not about what the benefit is for the Town. Mr. Campbell said it has to be greater than just the economics then they may as well just give everybody every condition they want tonight and just step back and wait for the next one. He said once the Town goes down this road it will be hard to say no given what the Town thinks it wants to achieve. He said if it is all of Area 1A or of its Area 2 and whatever then all it comes down to is a matter of what the conditions are. Mr. Campbell said that once the Town starts because you can't say to one that you can't have it and then already know you gave it to the next one next to them. He said it is a slippery slope. Mr. Campbell said that he is not saying the conditions that people are asking for are bad conditions or unattainable conditions, but he does remember turning down four drive-thru's somewhere else recently. He said they just have to be careful about what messages they send and who they send it for regardless of the conditions and regardless of whether or not it is in a residential complex or not but just asked Council to be thoughtful before it keeps rushing into these things. Council Member Fox said that Mr. Dentler mentioned that Peterson wanted to keep their options open for that parcel just south of Ion there. She said that she also said that the Town is confident that they would come in. Ms. Fox said she didn't understand this as it seems like they are diametrically opposed Mr. Dentler said that he was personally confident that the Town will get all of the parcels in Compass Creek with the exception of the unknown of Microsoft because that is going to come down to a tax. He said if you look at everything above Microsoft it is all landlocked and it is only a matter of time that the Town is going to be able to achieve what it wants to achieve of having those in the Town. He said that is just his personal view that it is going to happen. Mr. Dentler said what happens between now and that moment is the part of history to be written. Ms. Fox asked how much it costs each time the Town goes for a BLA. Ms. Notar said that it is a very hard question to answer but that she can say that outside counsel fees are close to $100K. Ms. Fox asked if that was for the BLA. Ms. Notar said it was for the BLA, the text amendments, the financial analysis that he has assisted with. She said that she would say to Ms. Fox that it is an investment in this BLA and future BLAs. Ms. Notar said that she hopes that the Town won't need him for future BLAs but the Town staff and Council have made a significant investment in this. Ms. Fox said to Council Member Dunn's point that in the Area 1A that Council did not anticipate multiple BLAs in one section. She said this is why she is asking that question. She said the BLA was originally going to be Area lA and that was one BLA. Ms. Fox said now at this point it looks like it could be two, three maybe four BLAs. Ms. Notar said that was possible. She added that the County has asked the Town to try to consolidate the BLAs when they can. Ms. Fox said that the County should then give up some of its stringent requirements. She said that while they would want to abide by that, the consent for At Home has been given. She said that the other parcel is Peterson and she is sure they would give consent but that it is not adjacent to the boundary so they couldn't. Ms. Notar said that once At Home 45 I Page COUNCIL MEETING November 26, 2019 comes in, they would be able to get consent for the Peterson 1.5 acre commercial parcel because they were going to give consent previously. She said in response to Mr. Campbell's point of will they want a condition she doesn't know. They may and it is always up to Council to decide if they cannot live with those conditions. It is Council's legislative discretion. Ms. Fox asked if it will be part of the budget discussion then anticipating where BLAs be something that they will bring into the budget discussion. Mr. Dentler said that the revenue that it is anticipated that these businesses will bring in is important. He said the sooner they can get them in the Town, the better the Town can count on that revenue. He said that he also views this as part of his confidence is a domino effect. Mr. Dentler said that once one parcel comes in it won't make logical sense to look at the board and ask if they are in the Town or not in the Town and are the Police going to respond to my facility or not, plow the snow or not plow the snow. He said it is a domino effect that is just going to take time. He said that Council has leverage whether or not it wants to accept these conditions because the board is starting to shrink. He said with At Home coming on and that he is confident that they will get Walmart, this is a much smaller playing field. Mr. Dentler said that Microsoft is a different beast all its own but the Town will deal with that. Vice Mayor Martinez asked for every BLA that they are going to do next, is the Town going to have to go back through the Zoning districts or is the remapping done for all of that so they don't have to do this again. Ms. Notar said that was correct. Mr. Martinez said that it will then only be for the BLAs. Mr. Martinez said for the Peterson 25 acres the Town has not committed to give them anything right now. He said when they come in the odds are that they are going to want a rezoning. Mr. Martinez said that they are going to have to do something for the Town to get that rezoning. He said that is his impression because they are not going to be able to complement the rest of what's there with what the current zoning is. Ms. Berry Hill said that they have Zoning under the County but that it is staffs understanding that they don't really want to build what they have zoned in the County. Mr. Martinez said that if they want to come into the Town and they want the Town's water and sewer they are going to have to negotiate with the Town to get what it wants. Ms. Berry Hill said that was correct. Mr. Martinez said that is why the Town is in the driver's seat with that part. He said that is why he has no fear for that. Mr. Martinez said that for Microsoft they will fall in line also so he is not worried about Microsoft. He said he understands about the At Home and the Walmart and that they will have the BLA. Mr. Martinez also wanted to point out that the $100K Ms. Notar mentioned is not an ongoing cost. He said it is a cost that the Town has already allocated and that staff is using it not to exceed a certain amount. Mr. Martinez said that is something that has already been budgeted so it is not something that has to be budgeted next year. Mr. Martinez said the only thing they are going to have to worry about as Council Member Fox said is what the cost is going to be for the Town to implement a new BLA every time the Town needs to. He said that can be done by staff to keep the costs minimal. Ms. Notar said that the $100K was also for the filing of the litigation for many things that will not be repeated. She said that the Town has a template now and staff will be able to do 46 1 Page COUNCIL MEETING November 26, 2019 this. The Zoning Ordinance text amendments have occurred and they have a template now for the future and they will not be spending that kind of money. Mr. Martinez said he is confident that by doing the BLA at the current meeting and they have it in place, they have a precedent to go ahead and bring these other properties in. He said the thing the Town has to remember especially with the undeveloped properties such as Microsoft and Peterson is that they still have to get the Town's water and sewer and they are going to have to comply somewhat with what the Town wants. He added that the other variable is the new Board of Supervisors. He said that he could guarantee that he will be talking to them on a one-on-one basis on how the Town and County can work together and work out a JLMA contract on how the Town will provide water and sewer. Mr. Martinez said he believes that should be the next step on continuing to moving forward to have a contract in place to have be the primary provider of water and sewer in the JLMA since the Town is the only ones there now and will be the only ones that will be there for a long time. Council Member Thiel said he remembers seeing the map a month ago and long story short is that the map is subject to change potentially as companies want to come into the Town. Ms. Notar said that was correct. He asked if before the Town goes to the County and asks for the BLA adjustment, the map could change. Ms. Notar said no that it cannot change. She said the current map has been advertised with the advertisement and a plat will be substituted for the map but it will have the exact same boundary lines. She said this is a requirement and will not change. Mr. Thiel asked if moving forward this won't change but if At Home and Walmart decide and all of the others consent, the Town will have to do a separate BLA. Ms. Notar said that was correct. Council Member Steinberg asked what the process is if a property owner comes to the Town and says they want to come into the Town. He asked how that changes the calculus of the situation. Mr. Steinberg said that presently the Town is negotiating with Walmart but they have not agreed to anything. He asked at what point does it become them asking the Town opposed to the Town asking them or does it. Ms. Notar said it would be up to the Council. She said if it is in the JLMA they would consider it. She said that property owners have come to the Town Manager and asked to be annexed into the Town that are not in the JLMA. Mr. Steinberg asked how it changes the process or the procedure of bringing them into the Town. Ms. Notar said it would not change at all because the Town is going under the State Code and Board of Supervisor's policy is they need consent. She said that Council would initiate the Boundary Line Adjustment and the Town would write to the County and ask for BLA and the process would be exactly the same. Mr. Steinberg asked if the expenses would be considerably less in a case like that. Ms. Notar said they would definitely be less. Mr. Steinberg said that Ms. Notar said At Home has given the Town consent but it was too late for this meeting. Ms. Notar said that was correct. He asked if the Town knows what the timeframe is there. Ms. Notar said that it was submitted last week and staff has not had the time to analyze it. She noted they have sent a consent letter and staff is analyzing it now so she cannot tell Council when that will occur. Ms. Notar said that she thinks they will consider whether the Town 47 I Page COUNCIL MEETING November 26, 2019 should wait for Walmart so they don't have all of these BLAs but they may not. She said staff is discussing this internally now and will revisit this with Council. Mr. Steinberg asked if staff is analyzing it for conditions. Ms. Notar said that there were conditions from At Home but that there is no rezoning in the Town or anything like that. She said after a cursory review that she was not concerned but that staff is looking at them now. Mayor Burk said that what Council approves tonight as far as she is concerned is very reasonable. She said if someone is a business and they have a piece of property they have the expectation that they are going to build it a certain way. She said there is a change within the two governments and the Town wants to bring them in but they have committed to building that building in that particular Zoning. She said she did not think it was unreasonable to ask the Town to change that Zoning. She said she thinks that it is something to be expected. Mayor Burk said that by taking care of all of that at this meeting, they won't have to look at it or change anything again unless there is a rezoning. She said she is not as confident about Microsoft as some of Council is. She noted that Council was told by Mr. Markel repeatedly that by not putting the language that said that when the Town is ready to ask them to come into the Town that they will come into the Town that Council chose not to put that wording in there. Mayor Burk said that the Town is providing them water and thinks that the Town did a detriment to themselves and it is going to be harder, and maybe they will still come in, but it is going to be much harder because they did not put that language in there. Mayor Burk said she thought that the Town would have come across as much stronger and have a much stronger position and Mr. Markel tried to tell Council that repeatedly but Council chose to go the other way. Mayor Burk said that in the end she hopes Council does not regret that because she believes having Microsoft in Town is one of the things they really want to accomplish before Council is done here. She added having multiple BLAs is not ideal but that she has put it back on the Board of Supervisors as this is the policy they put in place. Mayor Burk said that when the Town talked to them about how the Town felt it was not very practical both Supervisor Umstattd and Chair Randall were adamant that they were not willing to change it and this is what they were going to do and is what the Town had to follow. Mayor Burk said the staff has been working and working and working to get that. She said the permission that they have gotten and the letters that they have gotten says a lot about the commitment and the time and effort that has gone into it. Mayor Burk thanked staff for those efforts. She said this is an exciting opportunity for the Town and that it is just the beginning. She said that they will be carrying it further and continue on with this. There were no citizens wishing to address this public hearing. The public hearing was closed at 11:16 p.m. 48 1 Page COUNCIL MEETING November 26, 2019 MOTION2019-243 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: RESOLUTION2019-182 Adopting a Boundary Line Agreement with Loudoun County for Portions of Compass Creek Pursuant to Code of Virginia § 15.2-3106 et seq. Council Comment: Council Member Dunn said he would be voting against the motion. He said this was not what the Board of Supervisors, the Leesburg Supervisor and the Chair, both of whom represent Leesburg, put forward. Mr. Dunn said that they said get an agreement from everybody before they will agree to go forward with a BLA. Mr. Dunn said he never heard anyone say as they come online with agreement they will approve them incrementally. He said that was never said. He said additionally he thinks this is the poorest negotiating that he has ever seen. Mr. Dunn said that Council approved at the current meeting, every single request that Peterson requested. He said that Council also gave them the right to have no strings attached to the rest of the property within the JLMA. Mr. Dunn said that if the Town wanted them to have flexibility in that area, then the Town should have said you will get that and bring it into the JLMA and the Town will discuss what the future needs are and they will get their properties this way with the multiple drive-thrus and everything else they want. Mr. Dunn said they have no negotiation ability with them at this point. He said there is no hook into the steel at this point. Mr. Dunn said that with Microsoft that they are right that there is no guarantee that Microsoft is coming into the Town no matter what language the Town gave to them. Mr. Dunn said that the only thing that the Town does have is what Vice Mayor Martinez mentioned and that Mr. Dunn intends to bring up as a future Council Member item is that the Town needs to get this issued turned around about having Loudoun Water having the ability to negotiate water in the JLMA. Mr. Dunn said that is up to the County to change the Comprehensive Plan to amend it to have Leesburg only serve water in that area. He said this is very frustrating as far as the BLA process goes and with the BLAs dragging on now month after month that the clock is ticking with Loudoun Water getting closer and closer to being able to provide water in that area. He said at this point the only thing is different language as he suggested before. Mr. Dunn said it was not changing how the Town negotiated with them. It changed the way the Town spoke to them with a different sales pitch. He said it wasn't changing the fact that they have to come into Town and he is referring to Microsoft. Mr. Dunn said right now and at the time he brought it up is that the most they have with Microsoft is being able to provide water to them before Loudoun Water comes onto the scene. Mr. Dunn said his suggestion is that they get with the County to make a proffer amendment to get Loudoun Water out of the JLMA. Mr. Dunn said this is not what he expected and he would not have voted for the other concessions to Peterson in other areas within this JLMA which they are now calling the BLA. Mr. Dunn said that the Town is giving 49 I Page COUNCIL MEETING November 26, 2019 them everything and the Town is getting nothing. He said the only thing the Town got is the assumption that the Town is going to gain some water and sewer sales from Microsoft until Loudoun Water can come in and negotiate a better deal with them. He said all the Town has right now is that and hopes. Mr. Dunn said this has been a bad deal all the way along and has thought that the Town should have gone a parallel path and gone with annexation and let them know that the Town is going to forcefully pursue annexation and BLA and whichever gets the Town to the ends that benefit the citizens of Leesburg so much the better. Mr. Dunn said that he did not think that this was doing the best for their citizens. He said he would be voting no against the motion. Council Member Campbell said he would also be voting no on this item. He said that he feels that it is a rush to judgement. Mr. Campbell said that Council does not need to make a decision tonight. Additionally he said that Council was going to get Leesburg back in charge of the water for an area that they are trying to do a BLA with. He said it doesn't make sense. Mr. Campbell said if the whole area is a Boundary Line Adjustment then it is the Town's water. He said that the Town has to vote which path it wants to go down. Mr. Campbell said that he was against the path of filing a suit that was never served for annexation. He said somehow that was supposed to be a sledgehammer that the Town never got to use because if the Town uses it, then no one will talk to them. He asked why go down that road in the first place. Mr. Campbell said that they have had a series and it doesn't seem like to him all the time that staff listens. He said they are given direction and they go with it. They have a legal consultant and they go with it. Mr. Campbell said that anything Council says just comes back as if somehow Council doesn't know what they are talking about or that they have never done this work before or ever seen it. Mr. Campbell said they don't have to be right, but what they have to be is somewhat in aligned agreement that if they open a door about conditions that these things won't come with conditions. Mr. Campbell said then Council has to decide on all of the conditions, not just the BLAs at various times, but the reality is the Town is willing to do anything to get these properties just because they think it would be financially it would be good for the Town. He asked when do they step back and consider what it does to the Town. He said it doesn't put all the money into the Town's pockets for the stop gap measures for all the expenses that they have. Mr. Campbell said to be clear the Town is only going down this road for financial reasons. He said there is no other purposeful reason other than financial gain where they are pursuing this. Mr. Campbell said they didn't even know Microsoft was at the table until later. He said that if this was an area of serious concern to this Town it would have acted on it a long time ago and the Town didn't even have a policy that allowed the Town to work with the County in development of any business opportunities in the JLMA. He said it was never joint. He said now there is an opportunity to make that word real. He asked how they do it with the County and the business partners that are currently there and the opportunities that they say that they want that are actually not in the Town Comprehensive Plan. He said all of this is new business and if they rush to judgement he can guarantee one thing and that is as much as other people 50 I Page COUNCIL MEETING November 26, 2019 guarantee us whatever else may come down the road that there will be unintended consequences and only asks for patience to look at all the facts and not rush to just where they want to go. He said they can still get to the same point and the same place but the current action is a complete rush to judgement. Mayor Burk said that she believes it is terribly unfair to suggest that staff has not followed Council direction. She said that this is an unfair assessment of what the staff has been doing. Mayor Burk said at times, this Council has got to be one of the most obscure group of people. She said she has no idea how any staff knows what Council wants to do at times. She said Council talks in ways that are so pedantic and so lecturing and superior to the idea that they are trying to get across here. Mayor Burk said it is hard to understand even sitting on the dais what people want so she can't imagine what staff ends up doing trying to figure it out at times. Mayor Burk cautioned Council to be careful when it is criticizing that if Council is not perfectly clear what it wants then staff has to work around that. She said she thinks that staff is very good about coming to Council to ask questions and tries to figure out what it is that Council wants. She said she is not willing to accept that criticism at this point. The motion was approved by the following vote: Aye: Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk Nay: Campbell, Dunn Vote: 5-2 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Steinberg disclosed that he had a phone call with Mr. Bob Sevila to discuss the Washington Gas easement for Hangar B at the Leesburg Executive Airport. Council Member Thiel disclosed he had a phone call with Mr. Larry Beerman for the Westpark property. He wished everyone a wonderful Thanksgiving and said he was very thankful for everyone on the dais and Town staff for everything they do for the Town and is happy to call everyone colleagues. Council Member Fox thanked Council Member Thiel and wished him a Happy Thanksgiving also. Ms. Fox disclosed that she spoke with Ms. Molly Novotny and Mr. Alex Vespoli of Johnson Development Associates regarding the Aldi property behind Dick's Sporting Goods. She said she had a meeting 51 I Page COUNCIL MEETING November 26, 2019 with Mr. John Foote and Mr. Dave Rettew from Lennar on the Westpark property. Ms. Fox wished everyone a Happy Thanksgiving. Council Member Campbell wished everyone a Happy Thanksgiving. Mr. Campbell disclosed an email with Mr. John Foote with Walsh, Colucci and Walsh and a telephone conversation with Mr. Larry Beerman on behalf of Westpark and Lennar. Mr. Campbell said he sent the Town Manager a comment on the following comment that he thinks it is unfortunate that the conversation about the NAACP has been moved to March. He said it had originally been scheduled in September for a Work Session on November 25. Mr. Campbell inquired as to why this conversation was moved. He said that again it is unfortunate that due to the lack of information and lack of discussion there's an unfortunate assumption that somehow they are waiting on a response from the NAACP. Mr. Campbell said that clearly in the packet of information that went out, although it was information that they had already seen, that there is displeasure with this Council in some regards and how could such displeasure be offered and then simply say that the Town is waiting on a response when they were waiting on a meeting that was supposed to happen in September. Mr. Campbell said now they are going to move it into next year sends a poor message and is a poor reflection of how they want to treat this whole issue. Mr. Campbell said that Council may have already been communicated on it. He requested to have a Work Session discussion not only on the MOU but on what happened at the August meeting so that it is clear as to the context of what may be Council's will because there was nothing expressed at the meeting, noting that he was at the meeting, that Council had voted on to be extended or to be expected other than to bring a report back to Council. Council Member Dunn disclosed that he had a phone conversation with Mr. Larry Beerman about Westpark. Mr. Dunn wished everyone a Happy Thanksgiving. He said the interesting thing about Thanksgiving is that it is not completely unique to America that it is one of those holidays that many nations on this planet do not have celebrations thereof. He said it is something special with this country that they set that day aside for giving thanks for the things that they have been blessed with. Mr. Dunn said it is an important day not just another shopping day. Council Member Dunn requested a letter to be discussed at a future Work Session for action. The letter would be from Council to the new Loudoun Board of Supervisors asking them to consider changing the Comprehensive Plan regarding the water provider identified in the Plan for the Joint Land Management Area (JLMA). He would like for Leesburg to be re -designated as the provider of water and sewer in the JLMA. It was the consensus of Council to discuss this item at a future Work Session. (Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk) 52 I Page COUNCIL MEETING November 26, 2019 Council Member Dunn requested a discussion with the County to reconsider the terms under which they are willing to accept the Town's Boundary Line Adjustments. He noted the current requirement is 100% satisfaction from all parties. He said he would like to have a discussion with the Board of Supervisors to come off of those terms as the bar is set too high. Mr. Dunn said that they have had discussions about this but thinks it may be incumbent upon Council to send that message to the new Board so that they are hearing directly from Council about Council's concerns on this process. Mayor Burk noted to Mr. Dunn that Council will be having a reception with the Board Members in late -January, early -February. She asked Mr. Dunn if that would be acceptable to discuss it with the Board then. Mr. Dunn asked if the format was going to be more than just a reception or if would policy also be discussed. Mayor Burk said that most certainly policy would be discussed. Mr. Dunn was agreeable that this would be an appropriate item to add to the reception agenda. Vice Mayor Martinez disclosed that he had a phone conversation with Mr. Larry Beerman on the Westpark project. Mr. Martinez also wanted to make sure that the resolution for COPA was taken care of and they had everything they needed. Mayor Burk said they had everything they needed. Mr. Martinez wished everyone a Happy Thanksgiving and noted that he had his family and his in-laws in Town for the holiday. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Thanked the George Marshall International Foundation for their Veterans Day program. She thanked the Council Members that also attended. She thanked the legislators that came to Town Hall and listened to the Town's legislative agenda. Mayor Burk thanked Del. Reid, Del. Gooditis, Del. LaRock, and Sen. Boysko for attending and to Council Member Steinberg for joining her. Mayor Burk said she and Mr. Santana Moss opened the first Salvation Army Kettle and said she hoped every Council Member would go back and do it again this year. She noted that some of them had a competition last year. Mayor Burk said she thought she won but that doesn't mean that Council cannot try again. She met with the restaurants, residents and musicians that expressed concerns about the Noise Ordinance and sent a summary of the meeting to Council. Mayor Burk said she attended an Information Meeting on the County Courthouse plans and warned everyone that the next two years it is going to be a mess in the area. She thanked Hometown Dentist as a new dental service in Town and said she spoke to the Board about the Walmart site and the issue of the County purchasing commercial buildings. She said that she spoke as the Mayor and that Council had not formally discussed this and they did decide not to purchase the site. Mayor Burk attended a reception at the George Marshall House to honor Gen. George Marshall for his years as the Red Cross President. She thanked the Airport staff. She said they had luncheon there for Thanksgiving. Mayor Burk said that she spoke with the Police Dispatchers and said that she was very impressed and that they are a wonderful group of people 53 I Page COUNCIL MEETING November 26, 2019 and are dedicated to the Town. She said the Village at Leesburg had their tree lighting and it was a wonderful event. Mayor Burk said that Mr. Ara Bagdasarian and Ms. Amy Bobchek each had a benefit for non -profits that was very successful. Mayor Burk said she got her pie from Loudoun County High School so she is ready for Thanksgiving. She wished everyone a Happy Holiday and that the Town will be having its tree lighting on December 6 and hoped everyone would be there. 19. TOWN MANAGER COMMENTS Mr. Dentler wished everyone a Happy Thanksgiving. 20. CLOSED SESSION a. None. 21. Adjournment On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was adjourned at 11: 37 p.m. Town of Leesburg ATTEST: • Clerk of Council 2019 tcmin1126 54 I Page