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).
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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)
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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)
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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
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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
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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.
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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
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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
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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).
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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)
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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
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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
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