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COUNCIL MEETING February 25, 2020
Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Burk presiding.
Council Members Present: Ron Campbell, Thomas Dunn, Suzanne Fox, Vice Mayor
Marty Martinez, Neil Steinberg, Joshua Thiel and Mayor Kelly Burk.
Council Members Absent: None.
Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Interim
Town Attorney Martin Crim, Director of Public Works and Capital Projects Renee
LaFollette, Director of Utilities Amy Wyks, Director Economic Development Russell
Seymour, Director of Plan Review Bill Adman, Senior Planning Project Manager Chris
Murphy, Assistant Public Information Officer Leah Kosin and Clerk of Council Eileen
Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Gladys Burke.
3. SALUTE TO THE FLAG was led by Nathanael Pampaloni from Boy Scout Troop
39.
4. ROLL CALL
a. Electronic Participation for Council Member Thiel
Mayor Burk advised Council that Council Member Thiel requested to
participate electronically as he was out of Town on business in North Carolina.
MOTION2020-049
On a motion by Council Member Fox, seconded by Council Member Campbell, the
following was proposed:
To allow Council Member Thiel to electronically participate in the February 25, 2020,
Council Meeting.
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)
5. MINUTES
a. Work Session Minutes of February 10, 2020
MOTION 2020-050
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the
minutes of the Work Session of February 10, 2020, were approved by a vote 7-0.
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COUNCIL MEETING February 25, 2020
b. Regular Session Minutes of February 11, 2020
MOTION 2020-051
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
minutes of the Regular Session of February 11, 2020, were approved by a vote 6-0-1 (Thiel
abstain).
6. ADOPTING THE MEETING AGENDA(AMENDMENTS AND DELETIONS)
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the meeting
agenda was moved for approval.
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
7. CERTIFICATES OF RECOGNITION
a. Certificates of Recognition: None.
8. PROCLAMATIONS
a. Proclamations: None.
9. PRESENTATIONS
a. Presentation: 2019 John W. Tolbert Jr. Environmental Achievement Award-
Tycho Svoboda
Environmental Advisory Commission Chair Jennifer Chu presented
Riverside High School Junior Tycho Svoboda with the 2019 John W. Tolbert Jr.
Environmental Achievement Award for his volunteer work with the Virginia Save
Our Streams Program as a Certified Stream Monitor, for among other things
developing an app to use in collecting samples at several stream sites in Leesburg
including Tuscarora Creek and Goose Creek. Mayor Burk joined EAC Chair Chu in
presenting the award. Mr. Svoboda made a few remarks.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioners section was opened at 7:10 p.m.
Nathanael Pampaloni. Spoke to Council about the upcoming Scouting for Bricks
Event to be held April 25-26 at Woodgrove High School in Purcellville. Mr. Pampaloni
requested Town of Leesburg sponsorship in the form of cash donations, a listing on the
Leesburg Town Web site, a "shout out" on the Town of Leesburg Facebook page and
permission to place signs at three strategic locations in Town.
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COUNCIL MEETING February 25, 2020
Jenny Wolfe, 222Alpine Drive. Spoke to Council against approving the proposed
reclamation of floodplain for developmental purposes.
The Petitioners section was closed at 7:18 p.m.
12. APPROVAL OF THE CONSENT AGENDA
Council Member Fox requested item 12.a. —ECHO Development Project—Town
Completion of Punch List Items be removed from the Consent Agenda for discussion.
Council Member Dunn requested item 12.b—Purchase of a Ford F-550 Super Duty
Truck using Capital Asset Replacement Funds be removed from the Consent Agenda for
discussion.
MOTION2020-052
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following
Consent Agenda was proposed:
a. Installation of Programmable Logic Controllers and Remote Terminal Units
RESOLUTION2020-031
Approving a Task Order for Installation of Programmable Logic Controllers and
Remote Terminal Units at Seven Wastewater Pump Stations to M.C. Dean in the
amount of$473,788
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
b. ECHO Development Project—Town Completion of Punch List Items
Council Member Fox asked where the funds are allocated within the budget
and if the Town was certain the bidder understood the scope of the work. Ms.
LaFollette explained where the funds are within the budget and that the bidder was
contacted to ensure that they understood the scope of the work and noted that they
also attended the pre-bid meeting.
MOTION2020-053
On a motion by Council Member Fox, seconded by Council Member Campbell, the
following was proposed:
RESOLUTION2020-032
Amending the Fiscal Year 2020 General Fund Budget to Authorize a
Supplemental Appropriation in the amount of$38,000 from the Proceeds of Letters
of Credit and Awarding a Construction Contract to Total Development Solutions,
LLC in the Amount of$29,665 to Complete the ECHO Development Project
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COUNCIL MEETING February 25, 2020
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. Purchase of a Ford F-550 Super Duty Dump Truck Using Capital Asset
Replacement Funds
Council Member Dunn asked Ms. LaFollette if any other options besides a
purchase were considered. Ms. LaFollette said the Town receives the most
competitive pricing from the state contract that is available for localities to purchase
fleet vehicles. She noted that in the past the Town has looked at leasing vehicles and
for vehicles of this size, it is not feasible to go through a lease program and that it is
better for the Town to purchase the vehicles and maintain them in the Town's fleet.
MOTION 2020-054
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
RESOLUTION2020-033
Authorizing the Purchase of a 2020 Ford F-550 Super Duty Truck Using Capital
Asset Replacement Funds
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: Dunn
Vote: 6-1
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Arts & Cultural District Rebranding and New Logo Design
MOTION2020-055
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
RESOLUTION 2020-034
Approving a New Logo for the Arts and Cultural District as part of the Rebranding
Efforts of the Commission on Public Art
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor
Burk
Nay: None
Vote: 7-0
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COUNCIL MEETING February 25, 2020
b. TLSE-2019-0004, Leesburg South Floodplain Alteration/Reclamation
A public hearing was opened and closed on the Special Exception
Application on February 11. Council requested discussion on the proposed
resolution be continued to the current meeting to allow additional time to understand
resident concerns. Council asked questions to staff members Mr. Chris Murphy and
Mr. Bill Ackman regarding the application.
MOTION
On a motion by Council Member Steinberg, seconded by Council Member Campbell,
the following was proposed:
RESOLUTION
Approving Special Exception TLSE-2019-0004, Leesburg South Floodplain
Alteration/Reclamation to Allow the Alteration of the Floodplain Boundaries on the
Property in the Northeast Quadrant of the Intersection of South King Street and
Evergreen Mill Road
Council Member Dunn asked questions about community outreach.
Mr. Murphy stated that the community held a meeting at a resident's home
and that staff, the engineers, the Applicant, Mayor Burk and Council Member
Campbell attended. It was Mr. Murphy's and Mr. Ackman's understanding
that the residents' objections had been addressed. Several residents in the
audience did not agree. Council Member Campbell noted that the Applicant
and staff answered all of the questions that were asked and that while the
residents may not have liked the responses, the engineering questions were
answered. Mayor Burk noted that some residents were concerned with the
removal of some of the scrub trees as it would affect their view shed. After
discussion with the Applicant, Applicant's engineer, staff and Council,
approval was proposed with the condition that within one year of completing
the fill, buffer trees will be planted and inspected prior to the Town submitting
the Letter of Map Revision (LOMR) to FEMA for their final approval and
remapping of the floodplain on this property. A friendly amendment to the
motion was accepted by Mr. Steinberg to add the condition.
MOTION2020-056
On a motion by Council Member Steinberg, seconded by Council Member Campbell,
the following was proposed:
RESOLUTION2020-035
Approving Special Exception TLSE-2019-0004, Leesburg South Floodplain
Alteration/Reclamation to Allow the Alteration of the Floodplain Boundaries on the
Property in the Northeast Quadrant of the Intersection of South King Street and
Evergreen Mill Road with the condition that within one year of completing the fill,
buffer trees will be planted and inspected prior to the Town submitting the Letter of
Map Revision(LOMR)to FEIVIA for their final approval and remapping of the
floodplain on this property
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COUNCIL MEETING February 25, 2020
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: Dunn
Vote: 6-1
d. Zoning Text Amendments for Doggie Day Care and Cattery
MOTION 2020-057
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
RESOLUTION2020-036
Initiation to Amend Zoning Ordinance Articles 6, 9 and 18 to Establish Use Standards
and Definition for Overnight Doggie Day Care, and to Amend Use Standards and
Definition for a Cattery
The motion was approved by the following vote:
Aye: Campbell, Dunn, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: Fox
Vote: 6-1
e. Motion to Approve the Women's History Month Proclamation
MOTION2020-058
On a motion by Mayor Burk, seconded by Council Member Fox, the following was
proposed:
I move to approve the Women's History Month Proclamation to be presented at the
March 24, 2020, 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)
14. PUBLIC BEARINGS
a. None.
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
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COUNCIL MEETING February 25, 2020
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Fox disclosed she had an email exchange with Mr. Cody
Francis of Graydon Manor and a meeting with the Allman Property Development
Group.
• Council Member Campbell thanked all of the groups and programs that
celebrated Black History Month specifically the Ashburn Colored School, the
Douglas School renovation update, The Friends of Thomas Balch Library Black
History Committee, Second Mount Olive Baptist Church and Voices of History. Mr.
Campbell noted that he was pleased that the Loudoun County School Board did a
good thing in naming the new elementary school in Aldie in honor of Elaine
Thompson who was a long time Loudoun County resident, a Douglas School
alumnus, as well as one of the founding members of the Friends of Thomas Balch
Library Black History Committee and a former President of the Loudoun County
NAACP.
Vice Mayor Martinez disclosed that he met with Mr. Hansen and the CVS
property developers and their lawyers at Walsh, Colucci, Lubeley and Walsh.
Council Member Dunn disclosed he had a conference call with the
representatives of the Allman tract dealing with CVS. He was not certain but
believes it was with Mr. Matthew Lewis and three other people on the call. Mr.
Dunn said that he believes he also received and email on the same topic. He stated
Laissez les bons temps rouler and told everyone to enjoy the rest of Mardi Gras.
Council Member Thiel wished everyone a happy Mardi Gras and Happy Fat
Tuesday and a great week. Mr. Thiel said he was looking forward to coming home.
18. MAYOR DISCLOSURES AND COMMENTS /ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed that she met with the Allman Property Group. Mayor Burk
congratulated Ketterman Jewelers on their new beautiful location and noted what a huge
investment it is in Leesburg. She met with the Tuscarora High School students that are
working on that Youth Summit for the environment. Mayor Burk said she met with Ms.
Stephanie Sams and her neighbors regarding the Leesburg South Floodplain Alteration
Application. On February 18, Mayor Burk held office hours at 880 Harrison Street and
noted that the facility is phenomenal and that they have a waiting list for space. She noted
that she spoke to the first graders at Creighton Corners Elementary School and said that she
was impressed by how engaged they were by asking insightful questions. Mayor Burk
congratulated the New Pantry for opening at the Crossroads Church property off of
Edwards Ferry Road. She noted it was created by Mr. Peter Burnett and is for people to take
what they need and when they do the pantry is replenished. Mayor Burk attended the
annual Ball's Bluff Remembrance Dinner where the former Director of Harpers Ferry Park
was a speaker and she sat with the former Director of the Civil Engineers—Lakes and Parks
Program and commented on the things she learned at the dinner. Mayor Burk reminded
everybody of the Job Fair to be held on March 7 and advised that that 70 businesses have
signed up to participate.
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COUNCIL MEETING February 25, 2020
19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. None.
21. Adjournment
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting
was adjourned at 8:10 p.m.
aoratdC
Kell : Mayor
Town of Leesburg
ATTEST:
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Clerk of Council
2020_tcmin0225
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February 25,2020—Leesburg Town Council Meeting
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate.For greater accuracy,we encourage you to review the video of the
meeting that is on the Town's Web site—www.leesburqva.qov or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: I would like to welcome everybody to tonight's Leesburg Town Council meeting,
February 25th,2020. If anybody in the room needs hearing assistance, please see the Clerk.Tonight's
invocation will be done by Gladys Burke, and it will be followed by the salute to flag which Nathanael
from Boy Scout Troop 39,will be doing the Pledge of Allegiance. Gladys,would you lead us?
Gladys Burke: Good evening and thank you for the opportunity. As we go to the Lord, I would like to
do a prayer of thanksgiving. Lord,we thank you always for the blessings that you bestow upon us day
in, and day out. Today dear Lord, I'd like to ask for a blessing for each and every one of the Council
Members that's on the dais tonight, that you give them loving kindness and peace and cooperation
toward each other, as they go about deciding, Lord,for the citizens here in Leesburg. Lord, I thank you
for such a beautiful place that we live in. Lord, we ask you that our Council Members respect each
other,that as people come before them with concerns and problems that they respect the leaders that
are before them. In Jesus'name Lord, I pray for this Council.Amen.
Mayor Burk: Thank you. Nathanael,would you like to come forward? Everyone, please stand.
Nathanael Pampaloni: Please join me in the Pledge of Allegiance.
Members: We pledge allegiance to the Flag of the United States of America, and to the Republic for
which it stands, one nation under God, indivisible,with liberty and justice for all.
Mayor Burk:Thank you. Nathanael, I have something for you,for being kind enough to do the pledge
for us today.Thank you. Gladys,you don't get the Boy Scout patch, sorry.
[laughter]
Mayor Burk:We have a Council Member that would like to participate electronically. Do I have a motion
to allow Council Member Thiel to participate in the February 25th, 2020 Town Council meeting
electronically? It was moved by Council Member Fox, seconded by Council Member Campbell. All in
favor?
Members:Aye.
Mayor Burk: Opposed?That's six zero one.
Eileen Boeing: Can you say why?
Mayor Burk: I'm sorry. I need to state why. He is not here because he's attending training for work in
North Carolina. Let the roll call reflect that everyone is present now, with Mr. Thiel participating
electronically. I have minutes for the work session, February 10th,2020. Do I have a motion?
Council Member Neil Steinberg: So moved.
Mayor Burk: So move by Council Member Steinberg. Second?
Vice Mayor Fernando"Marty" Martinez: Second.
Mayor Burk: By Vice Mayor Martinez.All in favor?
Members:Aye.
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Mayor Burk: Opposed?That's seven zero.Josh, I assume you said-is he on?
Council Member Joshua Thiel:Yes.
Mayor Burk: Regular session meetings of February 11th. Do I have a motion?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved, by Vice Mayor Martinez. Seconded?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg.All in favor?
Council Members:Aye.
•
Mayor Burk: Opposed?
Council Member Thiel: I'm going to abstain,for I wasn't there.
Mayor Burk: Okay, 6-0-1.All right, do I have a motion to adopt the meeting agenda?
Council Member Steinberg: So moved.
Vice Mayor Martinez: Seconded.
Mayor Burk: So moved by Council Member Steinberg, seconded by Vice Mayor Martinez.All in favor?
Council Members:Aye.
Mayor Burk: Opposed? That's seven zero. We have no certificates of recognition or proclamations,
but we do have a presentation tonight. It is the 2019 John W.Tolbert Jr. Environmental Achievement
Award.Are you Jennifer?
Jennifer Chu: Yes.
Mayor Burk: Do you want to introduce yourself, and what you're doing.
Jennifer Chu:Hi.Good evening everyone.My name is Jennifer Chu,the Chair of the Town of Leesburg
Environmental Advisory Commission.Good evening Madam Mayor,and members of the Town Council.
On behalf of the Environmental Advisory Commission, I would like to thank you for the opportunity to
present the 2019 John W. Tolbert Jr. Environmental Achievement Award. The Tolbert Award is an
annual award given by the EAC to recognize students,community groups,and individuals,who conduct
or participate in activities that benefit the Town's environment.
The recipient of the 2019 Tolbert Environmental Achievement Award is Tycho Svoboda. A junior at
Riverside High School and the Academies of Loudoun. From a young age,Tycho has volunteered with
the Virginia Save Our Streams Program as a Certified Stream Monitor, collecting samples as several
stream sites in Leesburg including Tuscarora Creek and Goose Creek. He also conducts regular
training for other volunteers who are interested in becoming certified stream monitors.
In 2019, as part of a high school project, Tycho, developed a mobile app to automatically analyze the
water quality data and to streamline data collection and data entry into the Statewide database, making
stream monitoring easier,quicker and more accurate. For his app,Tycho,won the 2019 Congressional
App Challenge representing the State of Virginia. How cool is that?
The EAC recognizes Tycho for his long term service and impactful work in protecting water quality in
Leesburg, and Virginia. He has donated countless hours and technological expertise to enhance and
improve the stream monitoring program.Thank you Tycho for all that you do to protect our environment.
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For making it easier for other volunteers to help out and above all for setting such a wonderful example
for all of us to do a little more.With that,I would like to welcome Tycho Svoboda up to the front to accept
the 2019 John W.Tolbert,Jr. Environmental Achievement Award. Mayor Burk,would you please come
down to the front to help me present the award.
Mayor Burk: Congratulations. That's fantastic. Would you mind turning around to face the cameras?
Well, this is quite an accomplishment and keeping our streams clean and knowing what's in them is
very important. The fact that you are taking the time to do that is tremendously significant. We really
appreciate the fact that you've done it for Leesburg's creeks and streams.What kind of shape are they
in?
Tycho Svoboda: If we go like up north a little bit, it's definitely a lot cleaner. As we go towards the
Chesapeake Bay Area, it's not looking too hot.
Mayor Burk:Would you like to say a few words?
Tycho Svoboda:Yes, actually, I would.
Mayor Burk:Turn around and face the audience.
Tycho Svoboda: I'm Tycho Svoboda, I'm an 11th grader at Riverside High School and the Academies
of Loudoun. Honestly,for as long as I can remember, I've been going to the streams behind my house,
and just playing there, playing with crawfish, doing whatever. Then in around eighth grade, I started
stream monitoring which basically where I monitor the health of local streams. I became a Certified
Stream Monitor then,which is when I realized how arduous and error prone collecting data to determine
how healthy a stream is.
Then in 9th and 10th, I started taking computer science courses in school. I decided, I have the
knowledge to create an app,.right?And I see an issue in the field. I might as well seize the opportunity
and create a mobile app. Then in the future, I'm hoping to implement machine learning into this apps
where you can take a picture of a bug and or a macrobiotic invertebrate and it'll automatically identify
it, which will make the whole process even easier. Then also, I'm piloting it this spring with Certified
Stream Monitors across the State.I hope to branch it out to the rest of the State officially in the upcoming
fall of stream monitors.
[applause]
Mayor Burk:Well,that's--too bad to know too much. My gosh,that's phenomenal.There's a group of
high school kids from Tuscarora High School that are doing a Youth Summit on the environment on
May 31st. I believe you might want to look into that. I think so. I think you should be one of speakers.
Thank you very much for all you do. We really appreciate it.
Tycho Svoboda:Thank you.
Mayor Burk: Thank you Jennifer, for all you and the members of the EAC do, a great opportunity.
Thank you. Bye-bye.
[applause]
Mayor Burk:All right. Do we have any Regional Commission reports at this point?
Council Member Dunn: I understand there was some meetings with the Supervisors from Council
Members,would they be able to report on that?
Mayor Burk: Have they had their meetings yet?Ms.Fox,have you had the meeting?They haven't had
the meeting.
Council Member Thomas Dunn: I thought they already have.All right.Thank you.
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Mayor Burk:All right.We have the Petitioners'section and--Our first Petitioner is Nathanael Pampaloni
Did I say it right?
Nathanael Pampaloni: All right, good evening. My name is Nathaniel Pampaloni. I am a Member of
Troop 39. On behalf of Scouting for Bricks, I'm going to speak about this event before you tonight.
Scouting for Bricks is an event that is our troop's yearly fundraiser. Basically, it's our only event so we
try to make it as big as we can. I'm just going to basically go through a little bit about this evening about
what the event is. I'll describe some other things to you. I'm also going to ask if the Town Council would
sponsor Troop 39's event"Scouting for Bricks" but I'll get into that a little later. I'm going to go ahead
and go through this PowerPoint first.
A little information about it is that it is, of course, going to be at Woodgrove in Purcellville. Our troop
does meet in Purcellville so it's nice to have it at the location in that area.The nice thing is it's an activity.
If you see pictures,it has a lot of kids in the picture because it's a very family fun event,and very family-
friendly event. Lots of children will come to see huge Lego exhibits. That leads me to my next point.
Lots of Lego exhibits come and people can show large exhibits of huge Lego creations. For example,
trains,cities and even this year,we have a Lego master on the recently show Lego Masters, Mel Brown.
He's going to come and give his displays of Lego. He'll even have his own table to set up to play with
the kids. That's going to thankfully attract a lot of people to this event. It's also going to increase our
popularity because it's very nice to,have people like Mel Brown come. Like I said,this is another family
or another part where the kids can come and explore. It also attracts a lot of people from around the
community.We've had people come from out the State.The people have come in and said that"I came
away from Maryland or West Virginia." It's nice to have that too.
This is a picture of our previous Scouting for Bricks. It's at Woodgrove as well.That is in the main gym.
Those are just some of the exhibits. Sorry,the pictures are blurry but those are just some of the exhibits
that we have. It's really interesting when you come. Some of the pictures there you see several places
you can go.You can buy actual Lego creations.For example,a Lego bow tie is something you can buy.
It's something I personally have.Then the rest of Lego exhibits.
Troop 39, as I've mentioned, this is our only fundraiser so we rely for everything that we do: hiking,
camping, backpacking. It's really important that we do well in this fundraiser.
It's also good publicity for troop membership. Even this year,we're going to have a sheet of paper that
includes a list where you can put your name, your email and your parent's information about to join
Troop 39. This is good to get our troop out there. People who would like to join the Boy Scouts. Now,
"How does this event benefit Leesburg?"I'm sure you're thinking, "Okay, how is this going to benefit us
at all?" It's attractive from outside of Town.
As you know, people, West Virginia,they can come and if they need to stay the night since it's a two-
day event,they can come and they can go to hotels,they can go to restaurants so it's very good publicity
for people who are coming outside of Town. Also, if the Town were to sponsor Troop 39, it would be
good press. It would also show the public that the Town of Leesburg is supporting events or supporting
groups like the Boy Scouts. It also is a family-friendly event.This is good for the Town of Leesburg.Our
troop has done a lot for the community. It would also be good to see that Troop 39 is being supported
by the Town of Leesburg.
This is another picture of the same gym.This is just an example of somebody who brought this.This is
one person just on that table there on the right. One person who brought his whole exhibit, he made it
a home, brought it and it's just a train set that goes around the entire table there. You'll see plenty of
times where people come with a lot of exhibits.
For the sponsorship,finally, the Town of Leesburg,we're asking that we receive a cash donation. This
donation would only go toward putting signs at strategic locations which I'll get to you in a second around
the Town of Leesburg.The second thing is that we receive a listing, and that it goes on as a listing on
the Town of Leesburg website.
That way, it's as part of the agenda on the Town of Leesburg website.Also, on the social media that it
is given a shout out. I know I'm sure a lot of people are following the Town of Leesburg on Facebook,
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and Instagram and such. It would be good publicity for people to see that. Then finally,for permission
to place those signs at those three places. Not only, of course, if we received the money, we'd like
permission to actually place them because in the past years, we've only had- certain locations we've
been restricted to put it.This is the first location. It would be at the when you're coming into Downtown
Leesburg.This is going in. I'm sorry I'm out of time.
Mayor Burk: Can you finish it up quickly?
Nathanael Pampaloni: This is the first location. It's coming into the Town Leesburg. There would be
one sign there.Second location is exiting the Town of Leesburg, headed toward Purcellville.This would
be one sign there.This is in the middle by the Chick-Fil-A and where the old Wal-Mart used to be.We
would just prefer one sign would be in that area.Two would be nice, but we're going to go for one.This
is just a picture of the troop with the float.We had that at Christmas parade, we're receiving an award
for one year.And that is the end.Thank you very much.
Mayor Burk:All right.Thank you very much.
Vice Mayor Martinez: Could I ask what is the Facebook page and the Web site?
Nathanael Pampaloni: Of our troop?
Vice Mayor Martinez:You mentioned a Web site and a Facebook page. Do you have their-?
Nathanael Pampaloni: Our troop personally does not.
Mayor Burk: He wants it on the Town.
Nathanael Pampaloni: I was referring to the Town of Leesburg's pages.
Vice Mayor Martinez: Ok.Thank you.
Mayor Burk:Thank you very much.We'll get back to you.
Nathanael Pampaloni:Thank you.
Mayor Burk:We'll get back to you.Jennifer Wolfe is the next speaker.
Jenny Wolfe:Hello again. I'm Jenny Wolfe and I live at 222 Alpine Drive and I'm here again this evening
to express my concern about the reclamation of floodplain for developmental purposes. I am an
Environmental Science teacher in the County and we're currently in our land use and urbanization unit.
Just the other day we had a discussion about the resource conservation ethic. In case you aren't
familiar, it is the idea that our policymakers such as yourselves consider the resource not just for the
monetary value, but the value of nature.
Traditionally, much attention has been focused on the hazards associated with flooding. Less attention
has been directed toward the natural, biological and cultural resources of floodplains. Please consider
all of these and all of the development that our area is experiencing and will continue to experience in
the next few decades when making your decision.
We are seeing increasing precipitation due to climate change and less permeable land for our runoff to
infiltrate. This impervious surface will increase right next to the floodplain across the street from the
floodplain and upstream from the flood plain just west of us. Please consider the health of our local
waterway and green space for our children to play.With all due respect, Vice Mayor, it's more than just
we're scared.Choose the preservation of the floodplain for everyone over profit for the developer.Thank
you.
Mayor Burk:Thank you, Miss Wolfe. Is there anybody that wanted to speak that didn't get a chance to
sign up?All right.In that case, no one has come forward, so I will close the Petitioners' section at this
point.That takes us then to the Consent.
5
At the Consent Agenda, I will read out the items and then when I'm finished, I will ask if anyone wants
anything removed from the Consent Agenda.12A is the Eco-Development Project,the Town completion
of the punch list items, amending the Fiscal Year 2020 General Fund budget to authorize a
supplemental appropriation in the amount of $38,000 from the proceeds of the letters of credit in
awarding the construction contract to the Total Development Solutions LLC in the amount of$29,665
to complete the Eco-Development Project.
B is the purchase of the Ford F550 super duty dump truck using capital assessment replacement funds
and authorizing the purchase of the truck using those funds. C is the installation of a programmable
logic controller and remote terminal units approving the task order for the installation of the
programmable logic controllers and remote terminal units at seven wastewater pump stations to M.C.
Dean in the amount of$473,788. Is there anything anybody wishes to have removed?
Council Member Dunn: B.
Mayor Burk: B?
Council Member Suzanne Fox: Madam Mayor, letter A as well.
Mayor Burk: Letter A. All right, so that means that we are just dealing with 12C: installation of the
programmable logical controller and remote terminal units. Is there a motion?
Vice Mayor Martinez: So moved.
Council Member Steinberg: Seconded.
Mayor Burk: Moved by Vice Mayor Martinez, seconded by Council Member Steinberg.All in favor?
Members:Aye.
Mayor Burk: Opposed?That is seven zero. All right, Miss Fox, you asked for the Eco Development
Project to be taken off.
Council Member Fox:Yes, I just had a few questions and these are mainly for staff. I read the report.
I understand it.What I don't understand is it sounds like we were given-- I guess we recalled $75,000
back in 2018.Was that put into our budget back in that time?Where is it in the budget?Where does
this show up?
Renee LaFollette: It shows up in a revenue account for the Streets Division in the Inspection section.
Council Member Fox: Is that up in our current budget?
Renee LaFollette:When it was called it was brought into the revenue account. It's sitting in an account
for us to move in to do this work.
Council Member Fox: Okay. I've taken a look at all the bids, you anticipate the bid we see here and
are adding a little bit more on just in case there's some additional costs.
Renee LaFollette: Correct. It's just a contingency in case we run into worse soil conditions than we're
anticipating.
Council Member Fox: I see a huge disparity in bids. I was a little concerned that maybe we could
actually reach point of the bid which is actually more than what we have called.
Renee LaFollette:This bidder was contacted. I had a discussion with them to make sure that they were
comfortable with their bid pricing. They did attend the prebid meeting and they were comfortable with
their pricing.
Council Member Fox: Okay.Thanks.
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Mayor Burk: Would you like to make a motion? Council Member Fox made the motion. Is there a
second?Seconded by Council Member Campbell.All in favor?
Members:Aye.
Mayor Burk: Opposed? Mr.Thiel
Council Member Thiel:Aye.
Mayor Burk:That's seven zero.The next one Mr. Dunn you asked for removal--
Council Member Dunn: Just a question on this. Were there other options to making this purchase of
buying a brand new vehicle?
Renee LaFollette:The truck that we are replacing if you were to go down to the shop and actually look
at the vehicle.
Council Member Dunn: I read the report about the old one. I'm asking if there were other options in a
purchase of another vehicle other than the price that you have for this one is pretty high.
Renee LaFollette: The price that we have is the most competitive State contract that is available for
localities to go to to purchase fleet vehicles. We have looked in the past at leasing vehicles, and for
vehicles of this size, it is not feasible to go through a lease program. It's better for us to purchase the
vehicles and maintain them in our fleet.
Council Member Dunn:All right.Thank you.
Mayor Burk: Mr. Dunn,would you like to make a motion?
Council Member Dunn: No.
Mayor Burk: Anybody like to make a motion on this? Vice Mayor Martinez. Seconded by Council
Member Steinberg. All in favor of the purchase of the Ford F550 Super Duty dump truck using capital
assessment replacement funds say, "Aye".
Members:Aye.
Mayor Burk: Opposed?
Council Member Dunn: Nay.
Mayor Burk: That is six one. All right. Resolutions and Ordinances. The first one we have is the Arts
and Cultural District rebranding and new logo design. Approving a new logo for the Arts and Cultural
District as part of the rebranding effort of the Commission of Public Art. Do I have a motion for that?
Vice Mayor Martinez: So moved.
Mayor Burk: Vice Mayor Martinez. Is there a second? Council Member Steinberg? Is there any
discussion on this?All in favor indicate by saying,"Aye".
Members:Aye.
Mayor Burk: Opposed. All right. That passes seven zero. The TLSE-2019-004 Leesburg South
Floodplain Alteration Reclamation. This is to approve a Special Exception TLSE. Russ, could you ask
Nathan,the cost of what he's talking about and when the date is? He didn't tell us the date. Sorry to do
that. Approving a Special Exception TLSE-2019-004 Leesburg South Floodplain Alteration and
Reclamation to allow the alteration of the floodplain boundaries on the property in the northeast
quadrant of the intersection of South King Street and Evergreen Mill Road. Is there a presentation of
any sort on this one?No presentation.
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Kaj Dentler: No. Only if the Council has questions.
Mayor Burk:All right. Does Council have questions? Mr. Dunn?
Council Member Dunn:Thank you.
Mayor Burk: Did we not move it? I'm sorry. I need a motion.
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg.
Council Member Ron Campbell: Second.
Mayor Burk:Seconded by Council Member Campbell. Now we may discuss.Thank you, Mr. Martinez.
Vice Mayor Martinez:There are couple procedural questions. Did we close the public hearing on this?
Chris Murphy:Yes,we did.
Mayor Burk:Yes.
Council Member Dunn:Also,was there any additional during the interim of our last meeting was there
any type of community outreach or community meeting on this? If there was, can you tell me what
happened there?
Bill Ackman: Yes, there was a community meeting. The floodplain alteration was explained to the
residents to their satisfaction. Council Member Campbell was there, Mayor Burk was there.When we
left, I don't believe they had any further questions or objections.
Mayor Burk:Well,that's not true.There were people there that that still have objections.
Audience Member:Absolutely not true.
Mayor Burk: Right.There were people that had objections, yes.
Council Member Dunn: If you're not aware of maybe the Council Members when they have their time
to speak can speak to those objections if they so choose. Is staff aware of the objections as been
mentioned by the audience? Did they voice those objections?
Bill Ackman:They may have voiced some objections to the approval of it,yes.There were no questions
to--my understanding is all of the engineering questions had been addressed in that meeting.
Council Member Dunn: Okay, and when the folks were here last, it seemed that their concerns were,
and I'm afraid to try and speak for people but to my understanding that their concerns were that they
didn't feel that the actions that were being taken were going to be adequate enough and there were
those concerns that altering of the flood plain could affect flooding in their area would be my assumption,
am I going on the right path? Unfortunately, he can't speak but-
Audience Member: [unintelligible 00:29:52]
Mayor Burk: Excuse me, excuse me, it's not appropriate for you to speak at this point. Mr. Dunn, this
is your turn.
Council Member Dunn: I'm asking the question during my time, but you can give me a head nod then,
sign language or whatever. There were concerns. It sounds like there's still concerns but you're not
sure what those concerns are other than what was just said that why would you build on a floodplain?
8
Bill Ackman: Right, during the community meeting, we addressed the floodplain issues and we
explained that it meets all of FEMA's floodplain regulations and all the Town's regulations and by
meeting those, those houses that were upstream, would not be in any further danger than,they are
today.That that was explained. I can't tell you how the residents felt about those answers.
Council Member Dunn: Initially you've come to the meeting tonight feeling that they did not have
concerns as you've originally stated but some Council Members have said they think there were some
concerns stated. Some folks in the audience are still in that position, but anyway. How about at the
meeting was there any input from the property owner?The Applicant?
Bill Ackman:Yes,they did the majority of the presentation.They are here tonight if you have questions
for them as well.
Council Member Dunn: Okay.Where did the meeting take place?
Bill Ackman: It took place at one of the resident's homes.
Council Member Dunn:All right. Great.Thank you.
Mayor Burk: Mr. Campbell.
Council Member Campbell: Yes, I was at the meeting. My understanding of the extension of Council
approve was to get Council questions answered. I really didn't have any questions I needed answered
but I wanted to hear what the community had to say. They had an engineer, the Applicant was there,
questions were asked about floodplain concerns and I can't tell you that everybody was necessarily
satisfied with the answers. I was satisfied with the process, that every question that was asked was
answered.
There were comments made about the land owners and whether or not it's just a money deal versus
the environmental concerns and some of these things we hear we always can't answer that an Applicant
should forgo their financial investment. I mean, these are the things that we have to take into
consideration as a Town by having Applicants come before us. We know it's a financial investment,
what's the best use of land?What's the best use of the space? What I wanted to hear and I heard it
from the Town staff that day. I heard it from the Applicant.
Was there an investment in this particular piece of property, was it all going to be commercial, but it
also had an environmental impact as much as you can. That there were other outside government
agencies going to oversee some of the quality of work and the impact.And the question was, "Is there
an absolute no-flood chance ever?"And no one can answer that ever given the world we live in and the
types of climate things that are happening where it never supposed to happen.
To the satisfaction of meeting government standards, State standards, environmental standards, they
could meet those standards. I came away from the meeting understanding, at least every question that
was asked that night from a group of residents that were there, were answered. Were they answered
satisfactory? I don't know. I didn't ask that particular question. I know they were answered. The
Applicant did not evade or avoid any questions that was put before them.
Mayor Burk:Thank you. Ms. Fox.
Council Member Fox: Thank you. Just a couple of questions for staff. This Special Exception,
whenever I hear Special Exception, I think that there's some sort of land use change or something like
that connected with it.Some sort of building,anything like this.If I understand correctly,this is a different
Special Exception just to allow a property owner to even talk to FEMA. Is this what I'm understanding?
Chris Murphy: The Special Exception is established in the Zoning Ordinance for other activities in the
floodplain and due to the fact that the property owner is proposing to do regrading on the property in
order to reclaim a property out of the floodplain.The Zoning Administrator made the determination that
that does qualify as other activities and would require a Special Exception.That there is no development
that is tied with this. It's simply the act of doing the floodplain alteration. Yes. Step one would be to go
through Town Council for the Special Exception approval, and that would allow them to make the
9
applications to submit to a Department of Plan Review, make their submissions to FEMA. Yes, your
step one is Town Council.
Council Member Fox: The submissions to FEMA is what I'm stuck on here because without this
Special Exception?
Chris Murphy:We would not accept any further applications.
Council Member Fox: Because of FEMA, you have no FEMA input?
Chris Murphy:Well, I guess the first step is Special Exception approval and then the next step is you
have to go through the Department of Plan Review for the site plans as part of that review process,and
Bill can explain the ins and outs of that. You have to get FEMA's approval too. Bill's group wouldn't be
able to accept the application to begin that process unless or until you get the Special Exception as
approved first.
Council Member Fox: In reality,we're talking about two different Special Exceptions.
Chris Murphy: I'm sorry.You're not?
Bill Ackman: No. Let me try.What happens is, the way the Zoning Ordinance is set up is there was a
provision put in the Zoning Ordinance with the last batch of floodplain updates. The ordinance was
updated to say if there were environmental-- Let me back up. If there is to be fill in the floodplain, the
environmental aspects should be looked at and because of that, you need a Special Exception. The
Special Exception process as was envisioned by staff when that was put in the ordinance is to make
sure that any fill put it in the floodplain considers the environmental aspect of such things as wetlands.
By avoiding the wetlands, you're keeping the most productive portion of the flood plain intact.
Coming to this body, as it was originally envisioned,was to make sure that the Applicant had conditions
to ensure that those environmentally sensitive portions of the floodplain were preserved. Had that
ordinance not been put in to require the Special Exception,the only thing that would have happened is
the Applicant would have come to staff and staff would've looked at all of the engineering issues only,
in accordance with the FEMA regulations,to say,"Does that fill in the floodplain cause the water surface
to rise on any adjacent property?"
The Town's ordinance says there's a zero rise. You can't even raise the water surface that much in
accordance with the accepted engineering practices and computer models that are used to designate
100-year floodplain limits. After staff would've reviewed that, we would've sent it to FEMA. FEMA
would've verified that what staff with the Applicant had submitted to us was correct. Then we would
have finalized the approval, FEMA would have adjusted their maps and that would be the new FEMA
limits under the old process.
Council Member Fox: Ok.
Bill Ackman: Under the new process,we did not want to go all the way down the road through FEMA,
because in our opinion, that would have been a substantial Government Act. By doing so, that would
have tied your hands. In my opinion, I would probably look the legal for that, but once there's a
substantial Government Act, it's really hard for this body to turn around and say no, because then if it
ends up in court,we're left hanging out there, because staff said it's okay and then you said no.Then it
just creates a situation we were trying to avoid.
In order to do that,to protect this body, and to protect the Town as a whole, the process is they come
to you to get the right to be able to fill in the floodplain within the limits shown that would preserve certain
environmentally sensitive portions of the floodplain.
If they get that acceptance,then they can come to us and they can complete their engineering drawings
that show that there is no rise, and that gets sent to FEMA and then FEMA blesses it. We're still not
done, because the maps actually don't change. I got a little ahead of myself before.The maps actually
don't change until the Applicant-- What they have now is a right from FEMA to change those limits.
Those plans are very specific as to those limits.They cannot change those limits.
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The way we ensure that happens is once the floodplain alteration study is approved by staff and by
FEMA, then the Applicant has to do a grading plan for the Town. That grading plan has to match
everything that was shown in the FEMA study.Then they go out and they put, place that fill.They place
that fill.using structural fill, which means once it's placed and compacted, the odds of it eroding away
become much less.The idea is when you have compacted fill and you stabilize it properly,it won't erode
away.
Then, the Applicant is required to go out and as-built the ground, and that as-built topo of the
surrounding area is then submitted to staff as an as-built and the model is rerun with the exact contours
that are out there.Once again,they have to show they have not exceeded the limits of the floodplain or
raised it even a fraction of an inch.Then we send it back to FEMA, and they approve it and then FEMA
changes their map. It's a long process to make sure it's right.There's lots of checks and balances along
the way. This application is for them to have the right to have the ability to submit a plan to us, the
process through the Town and FEMA.
Council Member Fox:All right.
Chris Murphy: If I can add in addition to that,the whole reason why we're here, the floodplain overlay
district was established partially for that, but also to allow you as Council to have a check on not to stop
floodplain alterations. It's not the intention of the FEMA's regulations as well as the floodplain overlay
but it was to establish another layer of review by Town Council to in those instances where there might
be floodplains. There might be where there's the stream corridors for you as Town Council to apply
conditions to avoid those wetlands, to avoid those stream corridors with those floodplain alteration so
as not to degrade the Town's environmental condition.
The Special Exception is basically your check that if there's anything on the ground that you would like
to see additional preservation for, you can apply conditions to that approval.Then it also is a check on
being able to proceed in the process.That review that Bill just went through.
Council Member Fox: Okay. I'm not very familiar. I understand that there are some concerns and I
don't blame folks who surround the area. I'm not really familiar with the topography, but if I'm seeing
this correctly in my head,this floodplain is lower than the homes above.Tell me how this would possibly
affect the homes or the property?
Bill Ackman: If I could, I would suggest that the Applicant address that. I know they had sent over
some drawings that may explain it better than I can if that's okay.
Mayor Burk:Would you please introduce yourself?
B.T. Rivas: Yes. Good evening, everyone. My name is B.T. Rivas. I'm the engineer working on this
floodplain study. [unintelligible 00:42:39]question,the closest solution is the Evergreen Meadows that
you can see on the top of the page here. If we can move to the next page,we had this exhibit during
the homeowner's meeting last week. Basically,the closest house to this floodplain property is vertically
like 22 feet higher than the water surface elevation, it's a vertical 22 feet higher and horizontally right
now, it's 292 feet away from the limits of the floodplain.
When a 100 year event happens right now, it's like 292 feet away from the limits of the water.With this
proposed well that we are trying to reclaim,we are going to push the floodplain limits further away from
these houses, and the closest house will be like 533 feet away from the limits of the water. Because of
what we are doing,there is no impact to these houses whatsoever.
Council Member Fox: I see an egress for water,which way does that flow?Where does that flow?
B.T. Rivas: Yes, the water flows from South King Street towards the Route 7 bypass culverts
underneath Route 7.The stream channel that you see is in the northwest corner of the property, it is in
the corner of the property. That's all the water fills.
Mayor Burk: Okay. All right. Thank you. Council Member Steinberg? Vice Mayor? I have a couple
questions for you.Well,first off,are we approving any sort of development?Are we approving any sort
of project development at all?
11
Chris Murphy: No, not at all, ma'am.
Mayor Burk: Whatever gets built there has to come back to us. If something were to be there, which
I'm sure they're investing for that purpose, but we're not looking at that now that will be something we
would have to look at in the future.
Chris Murphy: If it's not by-right development, now, the property is zoned R1, which would allow
development of single family detached dwellings. If the property were to be developed that way, then
you would not see it again. However, if they chose to rezone the property or try to develop it with a
Special Exception, yes, you would see it.
Mayor Burk: Okay, so it'd be right, there would be about I believe the developer said 20, 21 homes or
so, but that would all have to be determined. It could be commercial if there was a flip of property on
the other side.
Chris Murphy: If they wanted to develop it commercially they have to rezone it and come back to you
to do that.
Mayor Burk: In all likelihood,they would have to come back-
Chris Murphy: Correct.-
Mayor Burk:-one way or the other. Have the environmental impacts been considered?We're changing
the floodplain by doing this. Are we preserving the wetlands? Is there anything there that we're
disturbing beyond the floodplain itself?
Chris Murphy: If you seethe illustration up here actually-- Can you go back one? I'll try to use the
pointer here. Is it working? I can't really see it, unfortunately. What's that?Well, it's not on here. Give
me a second please, I'll put the panel.All right. If you see this green line, you see this dashed line right
here, all this area that I'm highlighting in red and I'm outlining in red. Those are the existing wetlands
on the property. As you can see, what the Applicant is proposing-- Let me finish this outline.What the
Applicant proposing is [inaudible 00:47:06].
What I'm drawing in green around the red is the edge of the grading that the Applicant is proposing with
this application. As you can see, he's being diligent and not affecting any of those floodplain or the
wetlands it's there. Highlighted in orange in this illustration is where the water will flow, channel with
flow, but inside of that, its 100 feet, 50?With the Creek Valley Buffer?There's a Creek Valley Buffer
that is measured from the center line of the Tuscarora Creek 150 feet away from that,basically like that,
they're avoiding that. They're not affecting the Creek Valley Buffer, not affecting the wetlands on the
property. Those instances they are taking great care not to affect or alter the stream channel and not
to alter the existing wetlands on the property.
Mayor Burk: All right. There will be a loss of trees that are out there. They're not the most attractive
trees. They're scrub trees, but there is a whole section of trees. Can we make a condition that there
would have to be, trees would need to be replaced as a buffer between the development that's there
now and whatever they're doing in that piece of property?
Chris Murphy: That's one of the conditions you as the Town Council having a Special Exception
approval, you could condition the trees be untouched, trees be replaced. Certainly, if the property is
developed, if and when it is developed, how it is developed will determine what type of buffer and
landscape would be required into Zoning Ordinance. Of course, if it's developed, let's say for sake of
this discussion, as single-family detached,there would be a smaller buffer than if it were to come in as
a rezoning to be developed as commercial.
Then, of course, the buffer would be wider and more opaque and that would be part of the review
process for that. As of right now, under your Special Exception review authority, you could put a
condition on the approval that some sort of buffering be put in place in the interim.
Mayor Burk:That is one thing I heard the residents talk about that they would like some of those trees
replaced.Their view shed is going to be altered and changed,and so they were hoping that there could
12
be planted now, so that by the time the Applicant did come back,those trees might have some depth
and some height to them. I don't know how would we go about putting that in there?
Chris Murphy: That's something we'd have to think about. I don't know how to come up with that right
now.What you'd want to do?What the concern is, what you're trying to screen, where do you want to
put these trees not knowing how the property would be developed?Would those trees be planted, and
then only be ripped up when the time comes to develop the property?
Mayor Burk: I would hope not. [laughs]
Chris Murphy:Well, that's the thing, is where do we put them in order to assure that they're not going
to be removed if when the property is developed and how it's developed?
Mayor Burk: If we put that condition in,would this postpone us voting on this tonight?Would it or would
you--
Chris Murphy: Unless you know how you want the condition to be done, I don't see how it would delay
your vote. Unless you wanted us to work with the developer to figure out where that might be.
Mayor Burk: Well, I most certainly would want you to work with the developer to figure out where it
would go. I think the point that the residents made was that to delineate a separation between their
property and the property that we know at some point will be developed
Chris Murphy: Or if you make the condition that approval with condition that staff and the Applicant
devise a landscaping plan to address the concerns of the impacts on view shed of the adjoining property
owners. Can we come up with something?
Mayor Burk: Do I have any head nods in the back? Yes, that would be good. That would be a fair
condition. Does the Applicant have any issue with that?Is that a possibility?Is that--
Peter Kalaris:We understand what [inaudible 00:52:24] along Stowers Lane? Is that[unintelligible
00:52:28].
Mayor Burk: Not Stowers Lane so much as between the property--For instance,where we were.
Peter Kalaris: [inaudible 00:52:38] on Stowers Lane.
Mayor Burk: Okay,then yes.
Peter Kalaris: [inaudible 00:52:42]
Chris Murphy:Yes, give him the mic.You sit right there.Yes.
Peter Kalaris:Yes. If I understand correctly,they want some kind of a buffer to protect their view shed,
which by the way, is not going to change with this fill. It will look the same.
Mayor Burk: No,we understand that.
Peter Kalaris:We could do a buffer, but again we'd have to know what they're talking about.
Mayor Burk: Okay.Are you writing that down, is that what you're doing?
Chris Murphy: I'm coming up with something.
Mayor Burk: Okay.
Bill Ackman: I think we need something that's fairly substantial for the Zoning Administrator to be able
to enforce as well. I think that Mike sitting here with me and if we could maybe identify the type of buffer
and generally where it goes, I think that would be wise.
13
Mayor Burk:You're asking us tonight to identify,we on Council, identify where it would go?
Peter Kalaris:Could I interject?Our fill operations are not proposing to change any of the existing trees
along Stowers Lane.Chris,we're not proposing to change any of the existing trees along Stowers Lane.
That wouldn't change anything. It's just going to be fills, which is slight-- It's still going to look like a
meadow out there,which is what it looks like now. I think there's an interesting [unintelligible 00:54:24]
kind of buffer that would be more appropriate,the time we actually come in with a use for this property.
Mayor Burk: I think if I'm speaking for the residents,their issue is that they would like to have the buffer
in place, so it grows and preserves that idea of the--
Peter Kalaris:We don't have an objection providing some trees. I was just pointing out that if you look
up along Stowers Lane,those little curvy lines,those are existing trees there,so adding to those existing
trees I guess.
Mayor Burk: Well, you taking out there in the swale part of it, you're taking out all of the--you'll have
to take out all of those trees.They're losing all of that.
Peter Kalaris:That's a drainage swale. I'm not sure that--
Mayor Burk: I understand that. Can you work with staff to--?
Peter Kalaris:Yes,we can work with staff.
Mayor Burk: Okay. We can, say, work together, come back in two weeks or we can approve it
conditionally tonight. Do you want to come back in two weeks after you've--?
Peter Kalaris:Well,we'd prefer that you approve the condition tonight and we'll work with staff.We've
got no problem with trees. We'll plant a lot of trees.
Chris Murphy: Madam Mayor,we're looking at work with staff to develop the landscaping 25-foot wide
S1 type screen in those areas of disturbance on the property. Anywhere where there's proposed--
essentially,where there's grading and trees removed as part of that grading, then the 25 S1 would be
installed along the perimeter of the property.That is consistent with if the property were to be developed
by-right for single-family detached that's the same type of buffer yard that would be required as part of
that development.We're not considering anything more than what would be required by-right if it were
to be developed. In those areas of disturbance, so where the existing trees are, the existing trees
remain. It's only in those areas where trees might be removed that this landscape would go.We would
certainly work with the Applicant to determine where those areas would be and have a drawing that the
Zoning Administrator would be able to interpret.
Mayor Burk:All right. That's at least one of the conditions that they asked for.
Chris Murphy: Okay.
Mayor Burk: Okay.Thank you.All right,thank you very much.
Chris Murphy:You're welcome.
Mayor Burk:Anyone else have any questions at this point?Then is there a motion?
Vice Mayor Martinez: I thought we did one.
Mayor Burk: Oh, you did? You're right. Thank you. Council Member Steinberg made the motion.
Council Member Campbell seconded. This is approving a Special Exception for TLSE 2019-001,
Leesburg's floodplain alteration reclamation to allow the alteration of the floodplain boundaries on the
property in the northeast quadrant of the intersection of South King Street and Evergreen Mill Road.
14
Vice Mayor Martinez: You're also asking for a friendly amendment that the developer work with his
staff and present him any trees that are taken down will be replaced or to improve the buffer.
Mayor Burk:With the conditions stated.
Vice Mayor Martinez: Okay.
Mayor Burk:All right.
Martin Grim: Madam Mayor, could I interject just for a moment?I think I'm on.We do need a time limit
for these trees to be installed, because otherwise the law implies a reasonable time, and I'm not sure
that we would agree what a reasonable time is.
Mayor Burk:When do we anticipate the--
Vice Mayor Martinez: Would we be requesting it three months after completion to have all the trees
replaced or put in?Would that be reasonable?
Mayor Burk:They're talking.
Chris Murphy:We're working, Madam Mayor. [pause 00:58:34]
Council Member Dunn: Madam Mayor,when they're done, I had a question about that too,about the
trees. [pause 00:58:50]
Mayor Burk:All right. Can--
[silence]
[laughs]What?
Chris Murphy:Yes. It's tricky.
Mayor Burk:Yes, I take it that. [laughs]
Chris Murphy: It's tricky. [pause 00:59:34]
Peter Kalaris: Can we make an offer?Can we just say within one year of the--
Mayor Burk:You have to come up and speak in the mic. I'm sorry, sir. It's for the official record here.
Peter Kalaris: Sorry, I don't know what you guys were trying to discuss. You have to have a time limit
starting at some point, so maybe the clock starts ticking when we get approval from FEMA. If we get
approval from FEMA, we could do it within a certain time after we get approval from FEMA. Actually,
then we have to go back to the Town to get a site plan approval. There's so many processes that are
involved here.We don't know where to start the clock, but we're willing to do it within a reasonable time
after we get approval to do what we want to do.
Mayor Burk:After you get the FEMA approval-
Vice Mayor Martinez:After site Town approval,Town says it's okay-
Peter Kalaris:Then we can do it, yes.
Vice Mayor Martinez:Then from that time,the clock starts, and you'll have it done.
Peter Kalaris:We'll have planted trees within whatever time.We have no problem planting trees.
Vice Mayor Martinez: Three months, six months,what's--?
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Peter Kalaris: In terms of having a time, if we want to plant at the right time of the year,we'd probably
like a little bit more room to-- Six months, we don't want to plant them and have them die. We'll plant
them as fast as we can.We just don't want to plant them at the wrong time.
[crosstalk]
Chris Murphy:We've got something.
Mayor Burk: Okay. Let us hear it. We have a motion. We have a second. We want to hear what the
condition is.
Bill Ackman: My recommendation would be within one year of completing the fill, but we will not
approve any LOMR, which is the second approval to FEMA, which means they can't use that land for
anything other than fill until those trees are planted, so if they did come back by right, they would not
have the letter of map revision, which we affectionately refer to as a LOMR, that we would not even
send that to FEMA for final approval until those trees are planted and inspected.
Mayor Burk:All right. Okay, so--
Council Member Dunn: Point of inquiry.
Mayor Burk:The time for discussion is over.You already had you opportunity, Mr. Dunn.
Council Member Dunn: Point of inquiry.
Mayor Burk: So--
Council Member Dunn: Point of inquiry.
Mayor Burk:What, Mr. Dunn?
Council Member Dunn: My question is, are we setting a president in approving a, whatever you call
this, a resolution?
Chris Murphy: It's a resolution, yes.
Council Member Dunn: A reclaiming of a floodplain alteration and placing a condition on it for
anticipated future development, is that setting any type of precedent with this type of application?It just
seems awkward that we're asking for trees and buffers for a floodplain alteration.
Chris Murphy: Unless Mr. Crim has a different opinion, I don't think you're anticipating future
development.You're anticipating the development that's-
Mayor Burk:That's already there?
Chris Murphy: - being approved by the Special Exception would be that grading right there. The
condition would be to landscape those areas where there's land disturbance resulting from what you're
seeing before you, so we're not anticipating a future development,we're anticipating that development
and we're landscaping to mitigate any impacts from that development that's on the Special Exception
plot.
Council Member Dunn:You're saying that you need the trees to help you with the grading?
Chris Murphy: No,we're saying that the condition is, Council sees the justification to mitigate impacts
to adjacent properties created by that grading and use landscaping to screen. It's specifically tied to this
development that is on the Special Exception plot.
Council Member Dunn: So it's a visual impact?
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Chris Murphy:Visual impact.
Council Member Dunn: Okay.All right.Thank you.
Chris Murphy:All right.
Mayor Burk: All right. We have a motion and a second.We've got the condition in place. All in favor,
indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed?
Council Member Dunn: Nay.
Mayor Burk:All right.Who was the nay? Mr. Dunn. Mr.Thiel, did you vote?
Council Member Thiel:Aye.Yes, I voted aye.
Mayor Burk: Okay,that's 6-1.All right.Thank you very much.
Chris Murphy: Thank you.
Mayor Burk:Thank you residents for coming out.The next resolution is for the text amendment for the
doggie daycare and a cattery.
Vice Mayor Martinez: So moved.
Mayor Burk: Moved by Vice Mayor Martinez. Second by?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg. Any questions or comments at this point?This is initiating.
Mr.Thiel, do you have anything, any question?
Council Member Thiel: No, ma'am.
Mayor Burk:All right, all in favor, indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed.
Council Member Fox: Nay.
Mayor Burk: That is 6-1 with Ms. Fox opposed. All right. The next one is the motion to approve the
Women's History Month Proclamation. I'll move it[laughs].Second by Council Member Fox.All in favor.
Council Members:Aye.
Mayor Burk: Opposed?
Council Members Dunn: Abstain.
Mayor Burk: That's 6-0-1. All right. We have no public hearing, no unfinished business. Council
disclosures. Mr. Steinberg?What.
Council Member Steinberg: I thought we had something else on the agenda that we had forgotten
about. Okay,apparently not.Disclosure, I had a meeting with the Allman Property Development Group.
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Mayor Burk:All right.
Council Member Steinberg: That's it.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: Yes, I had a meeting with--. Let me go back to my calendar and I'll bring it up.
Mayor Burk: Do you want me to come back to you?
Vice Mayor Martinez: Go come back again.
Mayor Burk: Ms. Fox.
Council Member Fox: I have two disclosures, I also had an email exchange with Cody Francis or
Graydon Manor and I had a meeting with the Allman Property Development Group.
Mayor Burk: Mr. Campbell.
Council Member Campbell: I have no disclosures. I do want to just celebrate all the programs and all
the people for Black History Month who took the time to advertise the programs, put programs on,
attend programs throughout the County, significant impact I think on Leesburg residents even from the
Ashburn Colored School,the Douglas School renovation update.The Friends of Thomas Balch Library
Black History Committee put on two programs,there was the program last Sunday at the Second Mount
Olive Baptist Church,Voices of History where a lot of good history from citizens as old as 98, as young
as 92, a personal recollections of their time in civil rights movement,their time in Loudoun County and
their history. I think as it still impacts the church and schools today.
Loudoun County School Board did a good thing in naming the new elementary school in Aldie in honor
of Elaine Thompson, who was a long time Loudoun County resident, a Douglas School alumnus, as
well as one of the founding members of the Friends of Thomas Balch Library Black History Committee,
and a former president Loudoun County NAACP. While we're at the end of this particular month,
hopefully,we're not the end of programs and participation and the events that make a community what
it is.Thank you.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez:Yes, I met with the CVS property developers and their lawyers at Walsh,Colucci,
Lubeley and Walsh.That was on February 16th--no, February 13th.Anyway, its all down on the sheet
and with Mr. Hansen.That is all.
Mayor Burk: Mr. Dunn.
Council Member Dunn:Thank you. I had also a conference call with folks over the Allman tract dealing
with CVS. I think the person I met or spoke with might have been Matthew Lewis. There were three
people on the call. I don't remember who they are. If you all need more detail than that, I'll be happy to
provide it to you. I think they sent me an email. That was dealing again with the CVS Allman tract.
Hopefully,that's an acceptable disclosure.The only other thing is Laissez les bons temps rouler. Enjoy
the rest of your Mardi Gras.
Mayor Burk:Thank you, Mr. Dunn. I have one disclosure,which on February 18th I met with the Allman
Property. Mr.Thiel, I'm sorry. They reminded me I forgot you.
Council Member Thiel: It's okay. No worries. I have no disclosures and happy Mardi Gras and Happy
Fat Tuesday. Have a great week, everyone.
Mayor Burk:Well,thank you. Enjoy your work after work.
Council Member Thiel:Thank you, I'll be looking forward to coming home after this.
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Mayor Burk: All right. I do have one disclosure. I met February 18th with the Allman Property Group
also. They had a busy week. I want to congratulate Ketterman Jewelers for their new location.What a
beautiful new location.What a huge investment they made in Leesburg. I want to thank them for that.
On February 17th, I met with the Tuscarora students that are working on that Youth Summit for the
environment.What an impressive group of kids. I think this is going to be a wonderful event that they're
putting together.
February 18th, I met with Stephanie Sams and her neighbors. She held that community meeting at her
house in regard to the--What we just talked about, not the landfill, the floodplain. It was a very useful
meeting and I think I appreciate the developer being willing to meet with them.On February 18th, I also
held office hours at 880 Harrison Street. If you have not had a chance to see that building, you should
go to it. It is just phenomenal what they've done. What a neat idea it is. They have so many new
businesses that have started there. It's awful at this point, but they have a waiting list, but it's a
phenomenal building.
What they've done is truly unique and different. On February 20th, I spoke to the first graders about
Creighton Corners,the role of the Town and the Town Council and the Mayor.To my shock,they were
absolutely enthralled. They asked some of the most insightful questions. I was so amazed. Little first
graders that are so interested in Town government.
February 21st was a ribbon-cutting for the new pantry. If you haven't seen this pantry, it is down the
Crossroads Church property off of Edwards Ferry Road. It was created by Peter Burnett and the church.
It has solar lights, it's very convenient.
It's a wonderful asset for the people that live there. People have been taking things from it and they
have been filling it back up. The church is very excited that it's there. The community is very, very
appreciative. On the 23rd, I attended the annual Ball's Bluff Remembrance Dinner. It was a very
interesting night.The former Director of Harpers Ferry Park was a speaker.
At my table was the former Director of the Civil Engineers—Lakes and Parks Program. I never knew
the civil engineers actually had control over of 2,000 lakes and over 3,000 parks.It was a very interesting
evening and I appreciate the invitation to join them. I want to remind everybody that March 7th is the
Job Fair. If you have the opportunity, stop by. They have over 70 businesses that are looking to hire
and the kids are already beginning to sign up. If you have the opportunity, please come and join us. Mr.
Town Manager.
Kaj Dentler: No comments.
Mayor Burk: Is there a motion?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Mr. Martinez.
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg.All in favor?
Council Members:Aye.
Mayor Burk: Opposed?That passes.7-0-1.Well, is Mr.Thiel still on?
Council Member Thiel:Yes.
Mayor Burk: Okay, 7-0-1. Good night.
Council Member Thiel:Yes. Have a good one.
Mayor Burk:You too.
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