HomeMy Public PortalAbout2020_tcmin1027 COUNCIL MEETING October 27, 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, and Mayor Kelly Burk.
Council Members Absent: None.
Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Town
Attorney Christopher Spera, Finance and Administrative Services Director Clark Case
Director of Public Works and Capital Projects Renee LaFollette, Director of Utilities Amy
Wyks, Director of Economic Development Russell Seymour, Airport Director Scott
Co1T'uian, Deputy Director and Treasurer of Finance and Administration Lisa Haley(via
WebEx), Zoning Administrator Mike Watkins, Senior Planning Project Manager Scott
Parker(via WebEx), Management&Budget Officer Jason Cournoyer, Senior
Management Analyst Cole Fazenbaker(via WebEx) and Executive Associate Corina
Alvarez.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Campbell.
3. SALUTE TO THE FLAG was led by Mayor Burk.
4. ROLL CALL
a. Remote Participation
Vice Mayor Martinez and Council Member Dunn requested to electronically
participate in the October 27, 2020, Council Meeting due to the health and safety
concerns associated with the Coronavirus. Mayor Burk, Council Member
Campbell, Council Member Fox, and Council Member Steinberg were physically
present at the meeting.
MOTION 2020 240
On a motion by Council Member Steinberg, seconded by Council Member Campbell,
the following was proposed:
To allow Vice Mayor Martinez and Council Member Dunn to electronically
participate in the October 27, 2020, Council Meeting
The motion was approved by the following vote:
Aye: Campbell, Fox, Steinberg and Mayor Burk
Nay: None
Vote: 4-0-2(Vice Mayor Martinez and Dunn absent)
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COUNCIL MEETING October 27, 2020
5. MINUTES
a. Work Session Minutes of October 5, 2020
MOTION2020-241
On a motion by Council Member Campbell, seconded by Council Member Steinberg,
the minutes of the Work Session of October 5, 2020, were moved for approval.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: None
Vote: 6-0
b. Regular Session Minutes of October 6, 2020
MOTION2020-242
On a motion by Council Member Steinberg, seconded by Council Member Campbell,
the minutes of the Regular Session of October 6, 2020, were moved for approval.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: None
Vote: 6-0
6. ADOPTING THE MEETING AGENDA
Council Member Dunn requested that items 13.a. —Northern Virginia Transportation
Authority Funding Request and 13.d. Visit Loudoun Memorandum of Agreement for Fiscal
Year 2021 be moved to the Consent Agenda. Council Member Campbell objected to
moving item 13.d. Visit Loudoun Memorandum of Agreement for Fiscal Year 2021 to the
Consent Agenda. Only item 13.a. was moved to the Consent Agenda becoming item 12.e.
On a motion by Vice Mayor Martinez, seconded by Council Member Dunn, the meeting
agenda was moved for approval.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. Recognition of Jason Mills
Mayor Burk presented a proclamation to Boy Scout Jason Mills for his Eagle
Scout project supporting the Ampersand Pantry Project. Mr. Mills made a few
remarks.
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COUNCIL MEETING October 27, 2020
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
Mayor Burk reported on the Coalition of Loudoun Towns (COLT)meeting.
She stated that Loudoun County asked if the Towns would get involved with the
changes needed to the zoning amendments resulting from changes to the plan.
Mayor Burk noted that Middleburg Mayor Bridge Littleton would be representing
COLT and the Towns on the commission.
11. PETITIONERS
The Petitioners section was opened at 7:11 p.m.
Tom Saxon. Spoke to Council representing the pilots and hangar techs in over 260
Leesburg-based aircrafts at the Leesburg Executive Airport to thank Council for its support
and in particular, to recognize Airport Manager Scott Coffman for his leadership, his
responsiveness to them, his fairness to all, and his many contributions to the airport over
the last eight years. Mr. Saxon stated that the group was particularly pleased with the LED
runway lights replacement project that they wanted to do something in appreciation for
Mr. Coffman. Mr. Saxon presented Mr. Coffman with a plaque made from one of the old
runway lights that the group converted it into a plaque that is also a working light. Mr.
Saxon also presented Mr. Coffman with a Certificate of Appreciation from the Aircraft
Owners and Pilots Association in appreciation for Mr. Coffman's innovations and
accomplishments. Mr. Coffman thanked the group and made a few remarks.
John Dionis, 60 Columbia Road, Morristown. New Jersey. Spoke to Council as a
representative of Simon Premium Outlets in support of the Batch Zoning Ordinance
Amendments specifically section 9.4.9 addressing vending kiosks. Mr. Dionis spoke to
Council about the benefits of allowing ten kiosks for a center that has over 500,000 square
feet of space or larger.
The Petitioners section was closed at 7:23 p.m.
12. APPROVAL OF THE CONSENT AGENDA
During the adoption of the meeting agenda, item 13.a. -Northern Virginia
Transportation Authority Funding Request was moved to the Consent Agenda thus
becoming item 12.e. Mr. Campbell requested that item 12.d-Financial Update and
Strategic Debt Refunding/Restructuring be removed from the Consent Agenda.
MOTION2020-243
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following
was proposed with item 13.a. -Northern Virginia Transportation Authority Funding Request moved
to the Consent Agenda as item 12.e and item 12.d. -Financial Update and Strategic Debt
Refunding/Restructuring removed for discussion.
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COUNCIL MEETING October 27, 2020
a. Supplemental Appropriation of Tree Bank Funding
RESOLUTION2020-103
Approving a Supplemental Appropriation in the amount of$4,400 to the
Fiscal Year 2021 General Fund from the Tree Bank Mitigation Fund
b. Purchase of Replacement Vehicle for Utility System Pump and Haul
RESOLUTION2020-104
Authorizing Purchase of Replacement Vehicle in the amount of$281,945 from
Maryland Industrial Trucks for Utility System Pump and Haul Operations
c. Route 15(South King Street) Widening Phase II Landscape Contract Award
RESOLUTION2020-105
Approval of a Landscape Contract Award for Route 15(South King Street)
Widening Phase II to Environmental Quality Resources, LLC in the amount
of$175,063.50
e. Northern Virginia Transportation Authority Funding Request
RESOLUTION2020-106
Endorsing a Request for Regional Surface Transportation Program/Congestion
Mitigation Air Quality Funding from the Northern Virginia Transportation
Authority for Fiscal Year 2027 for the Route 15 Bypass Interchange at Edwards Ferry
Road and Fort Evans Road Project
The Consent Agenda was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
d. Financial Update and Strategic Debt Refunding/Restructuring
Mr. Dentler recapped the Work Session discussion on the four-year
outlook from Fiscal Year 2020 through Fiscal Year 2023 that he, the Town's
Finance Budget team, and the Town's financial advisor, David Rose with
Davenport presented to Council. Mr. Dentler recapped the actions taken to
reduce the FY20 deficit impacts resulting in an anticipated$1M surplus. He
noted those actions were mostly achieved by management reductions and
freezing 18 staff vacancies. He reviewed the current FY21 budget and
strategies for managing FY22 and FY23. Council and staff also discussed
the impacts to the Utilities Funds and how the CARES Act funds can assist
residents pay their utility bills through the assistance of non-profit
organizations receiving those funds. Council also discussed the restructuring
of the debt and the advantages to the Town and if further cuts are needed
whether they should be made to services or to operational/staffing costs.
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COUNCIL MEETING October 27, 2020
MOTION2020-244
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the
following was proposed:
RESOLUTION2020-107
Approval of the Refunding of the Town's 2011A General Obligation Bond
Issuance Series and Approval of the Debt Restructuring of General Obligation
Bond Issuances from 2014, 2015, and 2019
The motion was approved by the following vote:
Aye.' Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
13. RESOLUTIONS /ORDINANCES / MOTIONS
b. CARES Act—Tent and Heater Grant Program
Mr. Keith Markel presented Council with a proposal for a tent and
heater grant program. Council and staff discussed the need for outdoor
dining options during the pandemic that would include heaters and sides for
tents as the weather gets colder and where the use of tents would be
permitted. The previous approval of tents for outdoor dining did not include
sides on tents. Council was asked to consider transferring$200,000 of the
Town's CARES Act dollars to the EDA who in turn would make those
payments to the business to be used to purchase/rent heaters and tents for
outside dining. Council was requested to modify the previously adopted
resolution modify tent regulations and other standards which includes the
use of sides on tents.
MOTION2020-245
On a motion by Council Member Steinberg, seconded by Vice Mayor
Martinez, the following was proposed:
RESOLUTION2020-108
Implementation of a Tent and Heater Business Grant Program using CARES
Act of 2020 Funding to Support Leesburg Business with Outdoor Dining
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
MOTION2020-246
On a motion by Council Member Campbell, seconded by Council Member
Steinberg, the following was proposed:
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COUNCIL MEETING October 27, 2020
RESOLUTION2020-111
Adoption of a Memorandum of Agreement between Visit Loudoun and the
Town of Leesburg for Fiscal Year 2021 and Authorization for the Town
Manager to Disburse the Annual Contribution of$95,000
Mr. Russell Seymour advised Council that existing Memorandum of
Agreement with Visit Loudoun expires on June 30, 2020, but that the Town
purposely waited to present a new MOA for Council approval until Council
had a better view of current and future financial conditions resulting from the
pandemic. Council, staff and Ms. Beth Erickson from Visit Loudoun
discussed the proposed MOA which includes new measures and goals
including supporting the 2021 Virginia Municipal League's Annual
Conference to be held in Leesburg in October 2021 and what if any support
the Town can provide to Visit Loudoun or the tourism industry through
CARES Act funding.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
e. TLOA-2017-0006. Zoning Ordinance Batch Amendments
MOTION
On a motion by Council Member Steinberg, seconded by Mayor Burk, the
following was proposed:
ORDINANCE
Amending the Town of Leesburg Zoning Ordinance Articles 2, 3, 5, 6, 7, 9,
10, 11, 15, and 18 as Part of the 2017Annual "Batch"Amendments
Mr. Mike Watkins presented Council with the proposed Zoning
Ordinance Batch Amendments noting the amendments are typically based
on State Code changes, changes and uses, interpretations made by the
Zoning Administrator, correcting errors, and responding to requests by
businesses and citizens. Mr. Watkins noted that the bulk of the Zoning
Ordinance Batch Amendments were approved after a Public Hearing in
January 2020, but there were three items that were removed for additional
Council discussion—requirements for Board of Architectural Review
members, homestay regulations and allowing kiosks at retail centers.
Council and staff discussed each of these items.
Vice Mayor Martinez requested that the kiosk item be removed from
the Ordinance and be remanded to the Planning Commission for additional
discussion. Council Member Steinberg and Mayor Burk agreed to the
amendment. Council Member Dunn asked that the Planning Commission
consider language that kiosks are not allowed in parking lots or take up
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COUNCIL MEETING October 27, 2020
parking spaces. Council Member Fox requested that the 500,000 minimum
square foot threshold be included. Council Member Steinberg and Mayor
Burk accepted the friendly amendments. Council Member Steinberg noted
that he would like the Planning Commission to consider allowing ten kiosks
versus five. The motion was amended as follows.
MOTION
On a motion by Council Member Steinberg, seconded by Mayor Burk, the
following was proposed:
ORDINANCE
Amending the Town of Leesburg Zoning Ordinance Articles 2, 3, 5, 6, 7, 9,
10, 11, 15, and 18 as Part of the 2017 Annual "Batch"Amendments with the
Kiosks item removed and remanded to the Planning Commission for
additional discussion
Council Member Dunn asked that the question be divided to address
all three topics separately—BAR membership requirements, homestay
regulations and kiosks.
MOTION2020-249
On a motion by Council Member Steinberg, seconded by Council Member
Campbell, the following was proposed:
ORDINANCE 2020-0-016
To accept the amendments to Town of Leesburg Zoning Ordinance Article 2.3
regarding the BAR member requirements.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Dunn
Vote: 5-1
MOTION
On a motion by Council Member Steinberg, seconded by Council Member
Campbell, the following was proposed:
ORDINANCE
To accept the amendments to Town of Leesburg Zoning Ordinance Article
Section 9.3 of the Zoning Ordinance to create the homestay regulation
Council Member Dunn asked to make a separate motion to make this
a non-allowable use in residential areas.
MOTION
On a motion by Council Member Dunn, seconded by Council Member Fox,
the following was proposed:
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COUNCIL MEETING October 27, 2020
ORDINANCE
To accept the amendments to Town of Leesburg Zoning Ordinance Article
Section 9.4.3D of the Zoning Ordinance to prohibit homestay regulation
under home occupations
The motion failed by the following vote:
Aye: Dunn, Fox, Steinberg
Nay: Campbell, Vice Mayor Martinez and Mayor Burk
Vote: 3-3
Mayor Burk took a vote on the original motion.
MOTION2020-250
On a motion by Council Member Steinberg, seconded by Council Member
Campbell, the following was proposed:
ORDINANCE 2020-0-016
To accept the amendments to Town of Leesburg Zoning Ordinance Article
Section 9.3 of the Zoning Ordinance to create the homestay regulation
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Dunn
Vote: 5-1
MOTION2020-251
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
To remand discussion of amending the Zoning Ordinance regarding kiosks to the
Planning Commission to include not allowing kiosks in parking spaces, the size of the
kiosks, health and safety requirements within the kiosks, allowing this to apply to a
shopping mall with a minimum of 500,000 square feet of space, and the total number
of kiosks allowed
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
f. Motion to Approve the Proclamation for Domestic Violence
Awareness Month
MOTION2020-252
On a motion by Mayor Burk, seconded by Council Member Fox, the following
was proposed:
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COUNCIL MEETING October 27, 2020
I move to approve the proclamation for Domestic Violence Awareness Month
to be proclaimed at the November 10, 2020 Town Council meeting.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote.' 5-0-1 (Dunn abstain)
g. Motion to Approve the Proclamation for National Native American
Heritage Month
MOTION2020-253
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed.'
I move to approve the proclamation for National Native American Heritage
Month to be proclaimed at the November 10, 2020 Town Council meeting.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1 (Dunn abstain)
h. Motion to Approve the Proclamation for Veterans Day
MOTION2020-254
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the
following was proposed..
I move to approve the proclamation for Veterans Day to be proclaimed at the
November 10, 2020 Town Council meeting.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1(Dunn abstain)
Motion to Approve the Proclamation for Friends of Loudoun Mental
Health
MOTION2020-255
On a motion by Mayor Burk, seconded by Council Member Fox, the following
was proposed:
I move to approve the proclamation for Friends of Loudoun Mental Health to
be proclaimed at the November 10, 2020 Town Council meeting.
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COUNCIL MEETING October 27, 2020
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1 (Dunn abstain)
j. Motion to Approve the Proclamation for Small Business Saturday
MOTION 2020-256
On a motion by Mayor Burk, seconded by Council Member Steinberg, the
following was proposed:
I move to approve the proclamation for Small Business Saturday to be
proclaimed at the November 10, 2020 Town Council meeting.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1 (Dunn abstain)
14. PUBLIC HEARINGS
a. None.
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Dunn requested an update at a future meeting on the Boundary
Line Adjustment(BLA) and a discussion on the Town's position to confirm that Council's
position that has been sent forward to the County is still what Council wants presented to
the County.
There was no consensus to add this item to a future meeting for discussion (Campbell, Dunn,
Fox).
Mr. Dunn reminded residents to get out and vote and be safe when doing so. He
said that regardless of the outcome that he hopes they are able to have a kinder, gentle
society and be able to work with each other.
Council Member Campbell stated in regard to the Boundary Line Adjustment
(BLA) and the County that it is important for the public to understand that the future
financial health of Leesburg is contingent upon what may or may not happen with the
agreement with the County. Mr. Campbell said that while the conditions may not be able
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COUNCIL MEETING October 27, 2020
to be released, there are conditions that the Town may not be able to yield. He said it is
overdue to have the discussion at a Work Session to review those conditions. Mr.
Campbell requested a Work Session discussion in November to review the BLA status.
There was no consensus to add this item to a future meeting for discussion(Campbell, Dunn,
Fox).
Council Member Campbell stated that a citizens group met with Leesburg Police
Chief Greg Brown to talk about law enforcement and the use of force policy and things that
could be explored as a community. Mr. Campbell requested a Work Session discussion in
November to consider creating a Law Enforcement Citizens Committee to review law
enforcement strategies and tactics within the Town of Leesburg.
There was no consensus to add this item to a future meeting for discussion (Campbell, Fox,
Steinberg).
Council Member Fox requested information on creating a restaurant certificate of
about$50 in value that could be given to each Leesburg household using CARES Act
funds that could be used at Leesburg restaurants. Ms. Fox said it would be a win-win for
families and restaurants.
It was the consensus of Council to have staffgather information on this item and providing it
to Council at a future meeting(Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk).
18. MAYOR DISCLOSURES AND COMMENTS /ADDITIONS TO FUTURE
MEETINGS
Mayor Burk acknowledged that VML held their annual conference virtually
on October 7 and 8. Mayor Burk expressed her sympathies to the Walker family on
the passing of former Lovettsville Mayor Elaine Walker noting that they held a
memorial ceremony for her over the weekend. Mayor Burk attended the ribbon
cutting for Mocatinas which is a new dessert shop in Leesburg. She welcomed
Sharp Practices Solution that does billing for medical services who relocated their
headquarters from New Mexico to Leesburg. Mayor Burk said she did a taped
video to congratulate Loudoun Wildlife Conservancy for their 20 years of service in
Leesburg. She thanked the Police Department for hosting the Take Back the Pills
event. She welcomed Raymond James to their new location in the old Guesthouse
Furniture store on Loudoun Street. Mayor Burk said she was looking forward to
the Halloween parade and wished everyone a happy and safe Halloween. She
reminded everyone to be sure to get out and vote.
19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. None.
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COUNCIL MEETING October 27, 2020
21. ADJOURNMENT
On a motion by Council Member Fox, seconded by Council Member Steinberg, the meeting
was adjourned at 9:20 p.m.
Kelly B , r
Town of Leesburg
ATTEST:
•
( 4)
Clerk of Council
2020_tcmin1027
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Page 1| October 27, 2020
October 27, 2020 – 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.leesburgva.gov 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 call to order the October 27th, 2020 meeting of the Leesburg Town
Council. If anyone in the room needs hearing assistance, please see the Clerk. Council Member
Campbell will be giving the invocation. I will be following with the Pledge of Allegiance. Council Member
Campbell?
Council Member Ron Campbell: Thank you. I'll ask you to take a moment in whatever your tradition
is as we pray. Lord God, we ask you tonight to come before us as we remember our country. We
remember the times that we live in. We remember the lives that we've lost. We remember your servants.
We ask you to continue to lead us, guide us, to help us heal, to help us create opportunity for growth,
rebound from depression, and to live a celebratory life. We ask these things in your precious nam e,
Amen.
Mayor Burk: Please join me for the pledge. I 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. I need a motion to allow Vice Mayor Martinez and Council Member Dunn to electronically
participate in the October 27th, 2020 Town Council meeting.
Council Member Neil Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg, second?
Council Member Campbell: Second.
Mayor Burk: Council Member Campbell. All in favor indicate by saying, aye.
Council Members: Aye.
Mayor Burk: Opposed? That's 4-0-2. Let the record show that all members are present. We've got two
work session minutes, the work session minute from October 5th, 2020, do I have a motion?
Council Member Campbell: So moved.
Mayor Burk: So moved by Council Member Campbell, seconded by Council Member Steinberg. All in
favor indicate by saying, aye.
Council Members: Aye.
Mayor Burk: Opposed? Though I'm going to say that's 6-0. Regular session minutes of October 6th,
2020, do I have a motion?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second?
Council Member Campbell: Second.
Mayor Burk: Council Member Campbell. All in favor indicate by saying, aye.
Council Members: Aye.
Page 2| October 27, 2020
Mayor Burk: Opposed? 6-0. Gentlemen, I'm supposing if I don't hear from you that that's an affirmation
of yes. Adopting the meeting minutes. I’m sorry, the meeting agenda? That's moved by Vice Mayor
Martinez. Second?
Council Member Thomas Dunn: Madam Mayor?
Mayor Burk: Yes.
Council Member Dunn: Could I make a request that we move 13A to consent agenda item E, and 13D
to consent agenda item F?
Mayor Burk: Can I credit you with making the second on the motion?
Council Member Dunn: Sure, that'd be fine.
Mayor Burk: Council Member Dunn. You want to move which--
Council Member Dunn: 13A and D to the consent agenda.
Mayor Burk: 13A and B?
Council Member Dunn: F as in Frank. I'm sorry. Alpha and delta.
Mayor Burk: D. Sorry. It was just a little hard to hear. Does anybody have an objection to moving 13A
and 13D, as in dog, to the consent agenda?
Council Member Campbell: Yes. I have an objection to moving D.
Mayor Burk: We will move resolution A to the consent agenda. I have a motion to adopt the meeting
agenda with the one change of 13A going to consent. It was moved by Vice Mayor Martinez, seconded
by Council Member Dunn. All in favor indicate by saying, aye.
Council Members: Aye.
Mayor Burk: Opposed? 6-0. We have no certificates of recognition. We do have a presentation tonight
in recognition of Jason Mills. Let me read it up here on the dais and then I will come down and present
it to Jason. This proclamation is in recognition of Jason Mills. Whereas, Mr. Jason Mills joined the
Leesburg Boy Scout Troop 998 in May 2015 and has provided community service to the Town of
Leesburg for the past five years, including scouting for food and clean up at Izaak Walton Park. Whereas
Jason has served in various positions in the troop, most recently in 2019 when he was the senior patrol
leader, and in 2018 when he became a member of the Order of the Arrow.
Whereas when COVID-19 began, Mr. Mills was inspired by Mr. Peter Burnett's desire to help feed the
community through the Ampersand Pantry project. Whereas that gave Mr. Mills the idea to complete
his Eagle Scout project by building a community donation box for the Ampersand Pantry project.
Whereas the community donation box is located on Catoctin Circle and is a place that neighbors can
pick up or leave donations of food, daily staples of life, and other important supplies for those in need.
Whereas Mr. Mills also raised $7,500 and donated it to the Ampersand Pantry Project, as well as
volunteers many hours to distribute food at different locations.
Whereas Jason has proven that setting goals, working hard, and being committed to your family, friends
and fellow Boy Scouts are characteristics that make for a positive leader and a role model within the
community. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg congratulate
Mr. Jason Mills on his accomplishments and are optimistic that he will continue to be successful and
thoughtful leader throughout his life. Proclaimed this 27th day of October 2020. Jason, would you like
to come and join me and your family if they like? Right here. Don't worry about that.
If you want to come over here for just a minute. I want to present this to you and say thank you very
much for all your work that you've done with the Ampersand project. Would you mind telling the group
Page 3| October 27, 2020
and the television cameras what exactly it is that you've done and why did you get involved in doing
this. Because it's quite a big job that you took on.
Jason Mills: I was inspired by Mr. Peter Burnett and his role. He was doing a food drive of free food
from about 11:00 to until the supplies run out every day. I decided to get in touch with him to see if I
could do anything to help him. Then he gave me the option to build a food pantry box, which is staffed
every Saturday to hand out a bunch of supplies like diapers, baby wipes and other products.
Mayor Burk: Did you make that by yourself?
Jason Mills: I had the help of a bunch of peers, including Mr. Greg Phillips and his brother-in-law, Mr.
Tommy Hackney one of my neighbors and my stepdad here, Mr. Bob Gordon.
Mayor Burk: That's great. We really appreciate the fact that you took the time to do this and that your
efforts are really helping out. Have you been reminded to acknowledge somebody else?
Jason Mills: Yes. I would like to also thank my mom for her input on a lot of things and her wonderful
guidance to help me get through and just power through it.
Mayor Burk: Well, thank you very much. We really appreciate it and know that we're going to hear from
you again. Thank you.
[applause] [background noise][pause]
Where's my glasses? Here they are. We are now at the regional commission reports. Is there any
reports anyone has at this point? The only one I have is the Coalition of Loudoun Town met last
Wednesday. The County has asked if we would get involved in the changes to the zoning amendment.
Amendments that have come because of the change in the plan. They want one of the Mayors of the
towns to represent the towns. Bridge Littleton from Middleburg will be our representative that will be on
that commission. That takes us to our petitioners section. One of the first orders of business is to hear
from the public.
All members of the public are welcome to address the Council on any item, matter or issue. Please
identify yourself and if comfortable doing so, give your address for the taped record. Any public speaker
will be requested to state their name and spell it for the purpose of closed captioning. In the interest of
fairness, we also ask that you observe the five-minute time limit. For those participating in person or on
WebEx, the green light on the timer will turn yellow at the end of four minutes, indicating that you have
one minute remaining. At that time, we would appreciate your summing up and yielding the floor when
the bell indicates your time has expired.
For those participating on the phone, you will hear a bell when your time is up. Under the rules of orders
adopted by this Council, the five-minute time limit applies to all. Council is now able to hear from
members of the public remotely. Once we have heard from everyone present in the room, we will hear
from the members of the public on the WebEx. The first name on our petitioners section is Tom Saxon,
who has an unofficial presentation. Tom?
Tom Saxon: Mayor Burk, Members of the Town Council, and Townspeople of Leesburg, my name is
Tom Saxon. I stand before you this evening representing the pilots and hangar techs in over 260
Leesburg-based aircrafts to thank you for your support and in particular, to recognize your Airport
Manager, Scott Coffman for his leadership, his responsiveness to us, his fairness to all, and his many
contributions to the airport over the last eight years. Federal and State funding notwithstanding, it is
through your efforts, along with the Airport Commission and under the leadership of Scott Coffman and
his Airport crew that the airport is further down the path to greatness.
With a second FBO opening in the near future, eventual self-serve fuel pumps, much needed additional
hangars, and most recently, our new runway and taxiway LED lighting system. The importance of the
Airport lighting system cannot be understated. This million-dollar project was completed in record time,
saving the Town real money with a 70% reduction in lighting cost, reducing the carbon footprint, but
most importantly, providing a more robust, much brighter and safer runway environment for local and
transient general aviation, corporate, and business pilots. Scott, if you join us, please.
Page 4| October 27, 2020
As a token of our appreciation, we present you with this fully functional taxiway light that was resurrected
from the dump or the discard pile at the Leesburg Airport, rebuilt by us. We hope it reminds you of our
gratitude for your hard work. We thank you for all you do for us, for the Airport, and for the Town of
Leesburg. Thank you.
Mayor Burk: Thank you. That's great.
[applause]
Tom Saxon: I have one more thing as well. In addition to that, the Aircraft Owners and Pilots
Association and national organization has presented a certificate of appreciation to Scott Coffman. This
is very rare for this to come to someone in this Airport, for all of his innovations and accomplishments
today. They thank you and we thank you.
Mayor Burk: We all know how hard it is to please pilots. Good job.
[background conversation]
Thank you all very much. Would you like to say a few words in regard to all of this? M y gosh, this is
quite an honor.
Scott Coffman: I'll just say a real quick thank you to the pilot community. They're really what makes
Leesburg Airport a special place to be. Some of these folks are there almost every day, some of them.
Some of them are building airplanes and have built airplanes. It's really a unique group. They're really
the success behind the airport, and the whole Airport team and the Council and everybody that makes
everything happen at the Airport. Thank you.
Mayor Burk: On behalf of the Council, let me say that we're very proud of you for your accomplishments
and what you're doing at the Airport. Are we good? Thank you.
[applause]
Are there any petitioners that are online, Corina?
Keith Markel: Madam Mayor, we do have one participant online this evening participating by WebEx.
John Dionis is ready to speak. When I unmute you, Mr. Dionis, you'll have five minutes to make your
comments. You may proceed.
John Dionis: Thank you very much. My name is John Dionis. I'm with Simon Premium Outlets. My
address is 60 Columbia Road, Building B, third floor in Morristown, New Jersey. I'm speaking on behalf
of Leesburg Premium Outlets. More specifically this evening I'd like to address the zoning amendments,
the annual batch amendments, which specifically ordinance TLOA-2017-006. Within that batch
amendment is specifically in Section 9.4.9 addresses vending kiosks. There is a section that calls out
the ability to add five kiosks for a center of 500,000 square feet or larger of which we are and we're the
only one, so that was put in place for us, I believe.
Coincidentally, we are actually looking to amend our proffers currently and have an application in that
is requesting 10 kiosks. Now, to give you a little background, we have historically operated kiosks on
site since 2005 and we have been recently asked to formalize the approval. Generally, we had four to
six kiosks on site over the course of those years at a time. It was an opportunity to create in the common
areas a place for people to grab a beverage or a snack or maybe a small clothing item. I think it's an
opportunity and has been for small businesses to try new investments.
I think it's a great amenity to the center. It dovetails with our recent renovation that is wrapping up in the
next couple of months. It was put on hold due to COVID for a number of months this year, but we'd
started it last year. The investment has been put forth to upgrade the center to keep it competitive in an
extremely competitive retail landscape, especially with online situation where we want to attract
customers and people to our center for the environment. The areas that we touched in the center with
our investments include a new play area. We created an outdoor plaza to serve food and beverages
from what we expected to be and expect to be a kiosk in the area.
Page 5| October 27, 2020
We've added a beautiful fire pit in another area. In another common area altogether we added a pergola
with Adirondack seating around a turf area, which we found in other markets that it's really an enjoyable
place to sit or kids to play. We’ve upgraded a lot of the walkways, added some pavers, added some
ADA compliance walkways. It really looks beautiful. If you haven't seen it, it’s coming along very well.
We believe for those amenities to really leverage them to give the customer a feeling of comfort and
just an enjoyable atmosphere that these kiosks really contribute to the feel of the center and leverage
our investment to allow customers to really get a full experience and stay and shop.
I do appreciate you allowing me to speak this evening. I would request that with the five kiosks on the
bill here for the zoning amendment that it be increased to 10. 10 is what we have in our application. We
have four or five large common areas. To accommodate 10 is something that we feel at peak is the
number that we'd love to have and are working to put in place with our application. Given the
circumstances tonight, I do really appreciate the time for you to consider what I've had to say. I look
forward to your comments. Thank you very much. We would look forward to a favorable outcome for
kiosk addition. Thank you Town Council for your time.
Mayor Burk: Could you please spell your last name for us?
John Dionis: Sure. It’s D-I-O-N-I-S.
Mayor Burk: Thank you.
John Dionis: Thank you.
Mayor Burk: Is there anybody else in the room that would like to speak that didn't sign up? There's
nobody left on WebEx, so I will close the petitioner section at this point. That takes us to the approval
of the consent agenda. I will read them aloud. 12A is approving a supplemental appropriation in the
amount of $4,400 to the fiscal year 2021 general fund from the Tree Bank Mitigation Fund. B is a
resolution authorizing purchase of replacement vehicle in the amount of $281,945 from the Maryland
Industrial Trucks for Utility System Pump and Haul Operations.
C is the approval of the landscape contract award for Route 15 South King Street widening Phase II to
Environmental Quality Resources, LLC, in the amount of $175,063.50. D is the approving the refunding
of the Town's 2011A general obligation bond issuance series and approval of the debt restructuring of
general obligation bonds from 2014, 2015, and 2019 and the addition of the Northern Virginia
Transportation Authority funding request endorsing the request for Regional Surface Transportation
Program/Congestion Mitigation Air Quality Funding from the Northern Virginia Transportation Authority
for fiscal year 2027 for the Route 15 bypass interchange at Edwards Ferry Road and Fort Evans Road
Project. Is there anything that anyone wants removed from that?
Council Member Campbell: Yes.
Mayor Burk: Yes?
Council Member Campbell: Item D.
Mayor Burk: We have 12 A, B, C, and D, do I have a motion to accept those on Consent?
Council Member Campbell: No. Item D.
Vice Mayor Fernando “Marty” Martinez: So moved.
Mayor Burk: D is removed? I'm sorry. A, B, C and then--
Christopher Spera: 13A.
Mayor Burk: I guess it would be E. We moved 13A to consent. Did I hear Mr. Martinez move that?
Vice Mayor Martinez: Yes, you did.
Page 6| October 27, 2020
Mayor Burk: Is there a second?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg. All in favor indicate by saying, aye.
Council Members: Aye.
Mayor Burk: Opposed? That's 6-0. The first one is the financial update and strategic debt refunding
structuring. Mr. Campbell, you removed it?
Council Member Campbell: Mr. Town Manager, if you please, I think it's important for our community
to understand what this item is about because it's not self-explanatory as to what you explained briefly
last night as to what the Town's financial status is currently and projected for FY21 and what the
strategic debt refunding will do for us. You can do it briefly, but I think it's important for people to hear.
Kaj Dentler: Sure. Last night, myself, and the Finance Budget team, and the Town's financial advisor,
David Rose with Davenport presented to you basically a four-year outlook starting in FY20, FY21, which
we're currently in, '22 and '23. In '20, which we closed here on June 30th, we identified that we anticipate
about a $1 million surplus, but that is mainly driven because of the management reductions and freezing
of positions which are 18 at this time in order to achieve those additional funds. The audit will be
presented to you in December. If that number holds any surplus dollars goes immediately into FY21. In
FY21 we were originally looking at about a $7.5 million to $8 million deficit.
We're now looking at about a $5.5 million deficit mainly because although some revenues are higher
than was anticipated, the management reductions and the freezing of 18 positions continues. That puts
us in a position at which we can manage that. Most of that 5.5 million is because of the loss of revenue
at the Ida Lee Park Recreation Center because they're not open full time and many programs and
services have been cut. However, we will close that gap. In FY21, we anticipate there will be some
CARES fund money. There's about $9 million that was presented to the Town from the Federal
government through the State to the County to us.
If that money is not all distributed within the community because it has to be not only distributed but
spent by the end of the calendar year, we will then be able to use that money to fund our various eligible
costs in the Police Department in FY21. That then will give us additional revenue that should carry over,
we hope, into '22. Specific to this action before you tonight is a refunding and restructuring opportunities
that creates cash worth about $3.7 million but it doesn't extend the term, the note, or anything. We still
pay, as you heard Mr. Rose say, the Town pays about 85% of our debt off of a 20-year note in 10 years.
We'll continue to meet those expectations, but that will free up cash, which will then help us through '22
and then to '23. The short story of all that is it positions us as a Town to try to weather the storm. We're
taking advantage of every opportunity that we have, creating every tool that we need in our toolbox to
manage through this unprecedented situation. Also, we're hoping that the economy will begin to show
some optimism in recovery. We know there are some signs, but we're certainly not out of the woods.
We have to prepare for the worst, and that's what we're doing.
If we don't take these measures, including the restructuring item which is before you at this very
moment, then we're just going to position ourselves in a place that if things go south, we have very little
places to go. That's the short story. We are looking at things from a four-year outlook. This particular
restructuring and refunding gives us an opportunity to take advantage of historically low-interest rates
that are only to our advantage in order to create additional savings and opportunities for us which will
then allow us finally to create a revenue stabilization fund which the Council would approve. It will
certainly be a part of your future discussions in the new year, but that again, creates a revenue
stabilization fund.
The purpose of that is to put funds aside so that if we do have unexpected turbulence or difficult
economic times, such as the COVID pandemic, we will be in a better financial position to manage
through that. It's a little bit of a long answer. I hope I've hit most of your points. If I haven't, please let
me know.
Page 7| October 27, 2020
Council Member Campbell: No, thank you, sir. That's exactly what I wanted. Just a couple of follow-
up questions. One, what's described as a $1 million surplus was really a management action that you
took to not spend for maintenance and to freeze positions versus we had all this extra revenue coming
in.
Kaj Dentler: That's correct.
Council Member Campbell: W e're still managing by looking at cuts and efficiencies that you as the
Town Manager have instructed the staff to take, and that's the same for FY21.
Kaj Dentler: That's correct. These are the same approaches for managing FY20 or what we're doing
in '21. We have about a $1.3/ $1.4 million capital asset replacement program that, in essence, we've
obliterated for '21. We have 18 frozen positions across the organization in the general fund. Those
actions aren't sustainable for long-term, but these are the measures that are prudent at this time. You'll
see that I will bring in a very lean budget for FY22 when I present to you in February. One of the goals
is to maintain a stable tax rate, but that's in order to maintain current operations. Any new things will
require additional revenue of some sort wherever that source may come from. We'll have those
discussions down the road.
Council Member Campbell: Thank you, sir. Obviously far from out of the woods. We still are facing a
potential further revenue impact if COVID-19 should affect our Town and County even worse. To that
point, I want to talk about one thing we didn't talk about last night as a question. This is the utilities fund
that has been identified $600,000 in deficiencies. The moratorium was lifted October 5th and we now
are in the process of sending letters. My question is, with those deficiencies, and I'm not sure how much
is in the utilities fund, but I believe a little bit more than $600,000, is that eligible for CARES Act? Now
again, in the staff report, we talk about the County and nonprofits having assistance programs.
My question is what can we do knowing that we have excess CARES Act funding potentially? What can
we do to help our own residents rather than just send them to County and nonprofits?
Kaj Dentler: What we did was our staff communicated with Loudoun the challenge. We brainstorm
ideas on utility bills to help people that are delinquent in their accounts that may need financial
assistance based on how COVID may have impacted them. Keith and Jason worked with the County
to develop an idea. The County now has established a systems program using CARES Act funding.
Our residents as well as any other County residents can apply directly to that. That source is now
available if people need that help. Though we don't personally need to do anything with our existing
funds because the County is not using their funds, their CARES Act share to cover that need.
If we discover that the need is greater than what they have, then we certainly can adjust to that. Based
on the information we've received, we're confident that that problem now has a solution to it if you were
in need of that help.
Council Member Campbell: We don't believe that we will have a $600,000 delinquency in that fund?
Kaj Dentler: We will work to collect that. We will work with our customers on payment plans if they
need it. If they need assistance from the County, they can go to that source as well. We anticipate that
$600,000 will be dealt with because, as you know, the utility fund is an enterprise operation, and it must
operate as a business. It cannot be in the hole. We cannot absorb that cost long term.
Council Member Campbell: Worst-case scenario, at some point we will be cutting people's utilities off.
Kaj Dentler: If it gets to that point, yes, we will deal with that. That is our normal policy if residents or
account holders don't pay their bills in time. We'll work to reach out to them and make sure that we're
there to work out a payment plan to help them in their situation, et cetera, so we don't get to that
disconnection point which is the absolute last thing we want to do. Ultimately, if that's what it's going to
take to get the customer's attention, then that's what we will do. We've been very effective in avoiding
that case. We've not, as you know, and you actually said that we've suspended that process through
COVID, but now that the moratorium has been lifted by the SCC--
Page 8| October 27, 2020
Now if I'm correct, we complied with that, although we did not have to comply. We did that because we
felt that was right. We have now, and we're working with any customers. The key is to work with us and
we'll work with you.
Council Member Campbell: If we didn't have to comply, can we still extend the moratorium?
Kaj Dentler: Well, if Council wants to do that, then I would say that you need to give me that direction.
I as the Town Manager would not agree with that because you are running a business and eventually
you have got to collect. Allowing us to work with our customers, create assistance programs, which we
have done with the County, we can avoid any situation where someone has to be cut off. Again, that's
the last thing we want to do, but if a customer or an account holder isn't going to work with us,
communicate with us, make any effort, ultimately a decision has to be made. If Council wants to direct
a moratorium on cutoffs to continue, then that is your decision.
Council Member Campbell: I'm just exploring the legal parameters of the policies and what tools that
we have given I'm not sure how many people that $600,000 represents, but if we have a growing
population and we're in a deeper hole, rather than wait on legislative action that you said we had the
opportunity to adhere to, or not adhere to. I'm just trying to explore looking if we get into a situation
where that need grows further than what it is today.
Kaj Dentler: What I would try to do is to relay to you with confidence, that we are very sensitive to that.
It's not like we're some corporation in New York or LA, and we have no care or concern or compassion.
These are our neighbors, just like you are my neighbors, and we will work with everyone. As long as
we can get your attention to work with us, we usually take care of all of those problems so that it doesn't
become an issue. We do have the backup now with the County relief assistance, which I thought if my
memory is correct we initiated and they jumped on because it's a good thing to do for everyone. We
think we've got that covered. There'd be very few times that we would have to go all the way to a
disconnection.
Council Member Campbell: No, again, I just think these are important issues for the public to hear,
know about what we're facing, rather than just we're restructuring debt. There's a critical purpose behind
it. We're in a critical need time. We're far from out of the woods, and it's only the measures that you've
taken that have allowed us to continue as well as we have without other drastic measures. Thank you.
Kaj Dentler: I would agree. You're welcome. Thank you.
Mayor Burk: Anyone else?
Council Member Dunn: Madam Mayor.
Mayor Burk: Yes. Mr. Dunn.
Council Member Dunn: Thank you. I had a quick question, Kaj. You mentioned a moratorium. I think
that's a Federal moratorium, is that correct?
Christopher Spera: That's incorrect. Mr. Dunn. That's a State moratorium that was imposed by the
Virginia State Corporation Commission on the regulated utilities under its jurisdiction, which are
primarily electric power generators.
Council Member Dunn: Unfortunately, I didn't hear any of that. Could you try that again, please? Thank
you.
Christopher Spera: I'll try again. The moratorium that Mr. Dentler referenced was a moratorium that
was put in place by the the Virginia State Corporation Commission. The Virginia State Corporation
Commission, among its other duties, regulates the electric power generators within the State. That
moratorium that he alluded to was in effect from April until early October when it was lifted. The Town
utility voluntarily complied with that moratorium even though our water and sewer service is not
regulated or otherwise governed by the State Corporation Commission.
Page 9| October 27, 2020
Council Member Dunn: Thank you. Is there anything that the Governor has put out in any of his
positions that would allow us to still help these citizens who may not be able to pay their utility bill?
Kaj Dentler: Do you know?
Amy Wyks: The State when they were doing their special session last month, there were some
amendments that were brought to the House as well as the Senate. None of them left the House or
Senate. It's possible that the Governor may have something in his budget that's related to payment
plans for utilities, but there's nothing that has come out of the State legislation at this time. We continue
to monitor it on a daily, weekly basis on updates through VML, as well as the webpage.
Council Member Dunn: Thank you. On the restructuring, there's nothing unusual about this. Kaj, I
would venture to guess that with the interest rates being as low as they are, even without the current
crisis, if you can call it that, that we're in, this is something we probably would have looked to do to take
advantage of the lower rates anyway. Would you agree with that?
Kaj Dentler: Yes, sir. It's a prudent financial decision to make.
Council Member Dunn: Thank you. The only other comment I would make towards this is that in my
view if we have 18 frozen positions now, that just shows that we can do without those 18 positions later.
When we talk about a lean budget, we hear that every year, but obviously the budget is heavy enough
to have extra employees that when the good times are happening, we say these are absolutely definitely
needed, and we're showing that we are able to get by many months without those positions. I would
hope that Council would take that in consideration as they look towards the budget next year.
I also would hope that the Town staff and the Town Manager who when looking at should we not do
this, we would consider cutting other things. All the items that he mentioned were those that were
directly related to the citizens. We always go to brush, Ida Lee, and the Balch Library. Those are directly
citizen interactive services that we have. There are so many other things that citizens have no clue on
what's going on down at the Town Hall, and activities and personnel that I would encourage-- Since I
won't be on Council when that time comes, if I were I would be directing staff not to be cutting any
services that are directly related to the consumer or citizens.
Let us all be reminded that government doesn't produce anything. Everything we in government gets
come from the citizenry, whether it be property owners, business owners. When we help those people
go about doing their daily lives, our budgets are balanced as a result. The better we can help our
businesses, the better we can help our taxpayers, the better we can help those in need, gets us back
to the financial goals, and sure footing that we're looking for. Any manager can do a great job with
unlimited resources. It's the true test when we can manage through limited resources, and that's the
times that we're in. This is one step that I'm glad we're taking to help us manage through that process.
Thank you.
Mayor Burk: Is there anyone else at this point? Do I have a motion to approve the approval of the
refunding of the Town's 2011A general obligation bond issuance series and approval of the debt
restructuring general obligation bond issuance from 2014, '15, and '19?
Vice Mayor Martinez: So moved.
Mayor Burk: Moved by Vice Mayor Martinez.
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox. All in favor indicate by saying, aye.
Council Members: Aye.
Mayor Burk: Opposed? That passes 6-0. The next resolution is the CARES Act, Tent, and Heater
Grant Program. Implementation of a Tent and Heater Business Grant Program using CARES Act of
2020 funding to support Leesburg businesses with outdoor dining.
Page 10| October 27, 2020
Keith Markel: Good evening, Madam Mayor and Council. I have before you this evening a grant
concept for your consideration. As the Mayor discussed in the topic here is for Tent and Heater Grant
Program. What we're proposing here is a reimbursement grant program to support businesses who are
now providing outdoor dining because of COVID restrictions and the need for greater social distancing.
What we have before you tonight is considering the reimbursement grant program. They're using
outdoor tents and heaters to support their customers during the pandemic. As we've seen throughout
the community, this has been in place now throughout the summer.
Now that the cooler weather is coming in, heaters are becoming a factor as well. Also, this evening
we're asking for you to consider an amendment to a resolution that was passed earlier this summer to
modify tent regulations and other standards. I won't bore you with the details, but in the earlier resolution
it had tents with no sides. Now that we're going into the winter months, sides are becoming more and
more important. We would ask that along with a few other specifications be added into that resolution
as an amendment. The details here, dining and drinking establishments still must adhere to the
Governor's order.
They do have to provide that social distancing. We do have limited seating capacity inside of
restaurants. As you've seen in the downtown especially, and then a few out in their parking lots have
provided tents. We've been doing the outdoor dining on the sidewalk expanded program on those
Saturday afternoons, Friday afternoons, and then Sunday during the day. This cooler weather does
present these challenges for these businesses and looking at ways that we can use CARE funds to
support them as we go into the winter. This is one way that we might be able to use some of the funding
that is available. Here are just a few photos showing examples of what we're seeing throughout the
Town.
Here are examples from Blue Ridge Grill, YummyPig, Black Hoof Brewing Company, among others.
The details of the proposal. This will be a one-time grant on a reimbursement basis. The business would
expend the money purchase the tents or rent the tents, purchase or rent the heaters and then apply
online to the Town for a reimbursement up to $5,000 for tents, $2,500 for the portable heaters. All of
this will be reviewed and approved by Town staff, but the funding mechanism would be through the
Loudoun County Economic Development Authority. That's just State Code. They have to be the
distributors of the funds.
We would transfer the Town's CARES dollars to the EDA, and they would make those payments to the
business. It is fully funded by the CARES Act, so there will be no local funding involved in this. We are
estimating conservatively that this could cost up to $200,000. Honestly, we don't know what the
participation level would be. We know that we've had 16 permits during COVID for the special tents to
be used. We don't know how many heaters might be of interest to these businesses. We'd set aside
roughly $200,000 and see where that takes us. With that, the recommendation for you this evening to
consider is to approve the grant resolution and the tent modification resolution. Both those were in your
packet.
The reimbursement grant could be available as early as this week online. We would look to get those
monies distributed as soon as possible, accepting grants through the end of November. That would
give us time to clean up all of our accounting so that we can report back to the County. They're requiring
us to share our information in early December. Here are the two actions here. Action one, the grant
program option, and then we have action two, the tent modification program. I'm happy to answer any
questions. We also have Russell Seymour, Economic Development here this evening to answer any
questions as well.
Mayor Burk: Mr. Steinberg, do you have anything?
Council Member Steinberg: Thanks for the presentation, Keith. Will the changes to the tent regulations
be permanent, or will they be tied in some way to emergency situations?
Keith Markel: These are just related to the emergency tent provisions that were established during that
special resolution that was approved for COVID tents essentially.
Council Member Steinberg: Then are the tents and heaters being offered in different areas of Town,
or is this just for the King Street block?
Page 11| October 27, 2020
Keith Markel: Anywhere in Town. There'll be no limit as we're proposing it. Any establishment that's a
food and beverage establishment that would be providing outdoor dining because of the COVID
requirements would be eligible.
Council Member Steinberg: They would make a request and we would try to fulfill it.
Keith Markel: Correct. It could go out to the Village. It could be out in the bypass. All of our restaurants
are using this [crosstalk].
Council Member Steinberg: I see. Thank you.
Mayor Burk: Ms. Fox.
Council Member Fox: Thanks. How long will this stay in effect? Until the weather turns warm again?
Keith Markel: The grant program?
Council Member Fox: No. I understand the grant program has to be through November. How long are
we okaying the change in ordinance's needs for--
Keith Markel: The special resolution to allow the tent under these COVID restrictions I believe it's tied
to the emergency order, so that would run through the emergency declaration.
Council Member Fox: Okay, that's it. Thanks.
Mayor Burk: Mr. Dunn, Mr. Martinez, anybody have anymore-- Mr. Campbell, anymore additional
questions, Mr. Campbell?
Council Member Dunn: Just a couple of questions. This would be allowed anywhere in Town, is it just
in certain business districts or is it allowed in residential areas?
Keith Markel: This would be for eating, drinking, dining establishment, so it'd have to be a functioning
restaurant that is in business today, so it'd be a commercially zoned or B1 zoning.
Council Member Dunn: You said in business today, what if a business opened up, would it be eligible
also?
Keith Markel: If they open up within the next month and through the window of the grant application
process which we would look to take through the end of November.
Council Member Dunn: What if a business wanted to take advantage of the tent for expanded
customers but did not have to apply for the grant? Would they be able to take advantage of the relaxed
regulations?
Keith Markel: Yes, and they currently have had that opportunity throughout the summer.
Council Member Dunn: Okay, and you're saying that this will be in effect through the end of any
restrictions placed on us from Richmond, but we don't know the date that that ends.
Keith Markel: We do not, no.
Council Member Dunn: Could I offer a suggestion or I'd love to hear staff's feedback on, would there
be a benefit to allow, say, a 30 day beyond the restrictions being lifted to allow those businesses to still
have the tents as a way to help them possibly recoup tremendous business losses that had been the
result of during the restrictions.
Keith Markel: I'm looking here. I know the Town Attorney's got that or the resolution as well, as far as
the sunset of that resolution here.
Page 12| October 27, 2020
Christopher Spera: My immediate concern with your suggestion, Vice Mayor Martinez, and I
understand where it comes from and appreciate very much the notion behind it. The problem is that
many of these tents are located in parking and when the restaurant goes back to being allowed to
operate at full capacity, if we allow this additional outdoor space, they don't comply with parking, that's
my immediate reaction. I don't know if that works, I suppose there would be a way if it didn't impact the
parking directly, but many of these tents, as I understand it, are erected in parking spaces that are part
of the restaurant property, so that's the immediate problem that occurs to me.
Council Member Dunn: That was Councilman Dunn by the way, no problem.
Christopher Spera: I apologize, Mr. Dunn.
Council Member Dunn: That's okay. Well, would that not be the restaurant's parking spaces and that
would be them to determine whether there was a benefit to reducing parking versus allowing for more
patrons. In other words, it's not on public parking, correct?
Christopher Spera: Correct, it's not on public parking, but there are generally parking requirements as
part of the Zoning Ordinance that the restaurant would have as a business.
Council Member Dunn: Well, again, I'll just offer it up that, should Council think that it's warranted that
maybe consider extending past the restriction time to allow businesses to recover, to allow for relaxation
of certain regulations per se, 30 days after the restrictions are lifted that that may help them financially,
especially since we're giving them a 30-day relaxation and they've been dealing with what currently is
about an 8 month, 10 month really tough time. Anyway, I'll leave that up to Council they want to entertain
that, but that's all the questions I have. Thank you.
Mayor Burk: All right, Mr. Campbell.
Council Member Campbell: Thank you. A couple of points, but let me quickly follow up, I guess, on
Mr. Dunn's last point. Part of the situation that we're in now in any regulation changes are about
emergency order of which I would expect would be lifted the restrictions on indoor seating. I think we
have to really look carefully at what we're extending in terms of tents and ordinances, when those
conditions no longer apply. I know there'll be a time to talk about that, so my question is on the other
16 previous applications that currently exist, are they retroactive to be able to receive this money?
Keith Markel: Yes.
Council Member Campbell: Okay, because that's a strong point and for them that encourages them
to do more and then the budget ceiling, we said, I know we don't know exactly that is $200,000, but I
would propose that it's always better to go higher and then if you don't spend, so if you want to adjust
that to 300, I have no problem with that, but what we don't want to do is having to come back because
we expended the $200,000 and we may find out there's a greater creative experience for everybody all
over Town to do some wonderful things. My suggestion in making an amendment to this motion is that
we changed that number to $300,000.
Mayor Burk: Mr. Campbell, we haven't actually made the motion yet, so when I asked for that, if you
want to add it on at that point, if you want to make the motion itself. Okay?
Council Member Campbell: Yes, just stating my suggestion.
Keith Markel: We haven't capped to the $200,000, that was just a ballpark estimate that we had. There
are more than sufficient funds available in the grant program that haven't been expended to the
business community. Staff wouldn't recommend that we cap it at this point, that we would allow to spend
whatever the need is.
Council Member Campbell: As long as you don't have to come back to a Council and you fulfill a
need, then you're in good shape. You don't want to go through this again and we have a short period
of time to operate. Thank you.
Mayor Burk: All right, Mr. Martinez?
Page 13| October 27, 2020
Vice Mayor Martinez: I'm here. Thank you, Keith. I appreciate it. It is Keith, isn't it?
Keith Markel: Right, it is, yes.
Vice Mayor Martinez: Okay. I appreciate your input and I can be supportive of anything to help out our
small businesses in Town. Thank you.
Mayor Burk: I just want to say that I think this is a great idea. I think this will help these businesses
stay in business a little bit longer and maybe pull us all the way through. I'm really excited that we came
up with this. Thank you very much. Do I have a motion to--
Council Member Fox: Madam Mayor, I just have one more question that occurred to me. With this 200
whatever, how much do we have left in the CARES fund to help our citizens and businesses out with?
How much is left?
Keith Markel: We have several million dollars. I know Jason's with us here, so he can probably give
you the finer point, but to date, we've spent 2.4, roughly, million on business grants and we've spent $1
million on the non-profit grant so far in this evening. Our next item will be to distribute additional funds
from round two, so we still have millions of dollars available.
Council Member Fox: That we might have to give back?
Keith Markel: Or you could reallocate to other Town purposes.
Council Member Fox: Okay. Thank you.
Mayor Burk: All right, do I have a motion?
Council Member Steinberg: So moved.
Vice Mayor Martinez: So moved.
Mayor Burk: By Council Member Steinberg, seconded by Vice Mayor Martinez. All in favor, indicate by
saying aye.
Council Members: Aye.
Mayor Burk: Opposed?
Council Members: Aye.
Mayor Burk: That passes, six-zero. All right.
Keith Markel: The second action here is the tent modification resolution, if we could have action on
that as well?
Mayor Burk: Okay. Do I have a motion for that?
Council Member Campbell: So moved.
Mayor Burk: So moved by Council Member Campbell. Seconded?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. We've already had the discussion on this. All in
favor, indicate by saying aye.
Council Members: Aye.
Page 14| October 27, 2020
Mayor Burk: Opposed? That passes, six-zero. All right, Cares Act Second Round Non-Profit Grant
Awards. Are you doing that one too? Well, a move by Vice Mayor Martinez. Second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. Are you handling the discussion on this one on
the Cares Act Second Round--
Keith Markel: Certainly, yes. We have a non-profit, I'm happy to go through presentation if you'd like
to hear any of the details, the second round of non-profit applications. As you know, we did receive the
second round of funding from the County and you all directed us to set aside another million dollars
towards nonprofits support for the second round. Again, the grants were put out for the application with
a $50,000 cap. In the first round, we distributed that full million dollars to 26 non-profits and the CARES
Team developed that second round non-profit grant program based essentially, as we did on that first
round program, that grant round was opened between September 18th and October 2nd, so just
recently.
We received 14 grants, totaling just shy of $500,000 rather. We reviewed those grants and three,
unfortunately, were removed because they did not meet the minimum requirements of the CARES
guidelines and the requirements from the Federal government. We have, before you this evening, 11
non-profit organizations with the total funding request of $373,030 to be used for a variety of different
purposes, very similar to the first round, so we're looking at housing, utility assistance, food assistance,
distance learning, legal services to support those who are facing eviction and other COVID-related legal
issues, cleaning and personal protective equipment for non-profits to help keep their staff safe. We have
a resolution there for you this evening for your consideration for, again, distributing these funds.
Mayor Burk: All right. We have a motion by Vice Mayor Martinez, seconded by Council Member
Steinberger. Anybody have any questions on this?
Council Member Campbell: Yes.
Mayor Burk: Mr. Campbell.
Council Member Campbell: I know you've been in communication with all of non-profits, the only thing
I worry about is too little too late. I know they're all assured that they can spend the money. The question
is, again, on the ceiling, we set the ceiling at $50,000. That was just our number. We have almost
$670,000 left over. I know it'll probably be hard to go back and ask like we did with the first round. Can
they use more and can they spend more?
I know we have some plans of our own to do some spending and some other supplemental spending.
Again, this goes back to the human need. I'm hoping that they're all able to spend it, but I don't know if
there's any process like we did the first time and say, is a little bit more helpful. Do you think there's any
opportunity for that or no?
Keith Markel: Of the 14 that applied and the 11 that were recommended to go forward to you, I think
only 4 of them asked for the maximum. I did talk with a few of them. I think everybody's facing the same
issues that you bring up is that the end of the year is approaching very quickly. As much need as is out
there, they have hit bandwidth restrictions themselves because they don't have the volunteer base.
They weren't scaled for this kind of needs.
Just the throughput of getting that money out into the community is a challenge for a lot of these non-
profits. That's, I think, why we've seen that diminished number of application because there are lots of
groups doing lots of wonderful things in the community, but they just don't have the time and the
resources to distribute this money. That's the unfortunate thing about still being held to this end of
December timeframe. In the New Year, things may be different. There may be a third round of CARES
funding that comes out. There's all sorts of thoughts out there what may be, but right now, I think they're
all being realistic and what they reasonably can accommodate to get distributed in time to meet the
deadlines.
Council Member Campbell: Thank you. I just had to raise the point. I appreciate it.
Page 15| October 27, 2020
Keith Markel: Good point.
Mayor Burk: Anyone else have any questions? Okay, this has been moved by Vice Mayor Martinez,
seconded by Council Member Steinberg. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? That passes, six-zero. Next one is the adoption of the Memorandum of
Agreement between Visit Loudoun and the Town of Leesburg for fiscal year 2021, and authorization of
Town Manager to disperse the annual contribution of $95,000. Mr. Seymour?
Russell Seymour: Good evening, Madam Mayor, members of Council. Before you this evening is--
Mayor Burk: Can I interrupt you for just a second? Vice Mayor Martinez moved it, so I'd like to get a
second. Seconded by Council Member Steinberg.
Vice Mayor Martinez: I believe that was Dunn that moved it.
Mayor Burk: Oh, Mr. Dunn?
Council Member Dunn: Yes, Council Member Dunn.
Mayor Burk: Council Member Dunn moved it and its Council Member Steinberg second. All right. Now
you may proceed.
Russel Seymour: Thank you. Before you this evening is the proposed Visit Loudoun Memorandum of
Agreement for FY-21. This document serves as the primary outline services and responsibilities to be
addressed by Visit Loudoun during the upcoming year. As such, it requires annual review and approval
by this Council. The current agreement for FY-20 expired on June 30 of this year. The MOA was
intentionally delayed in presenting this to Council until the Town had a better financial picture of both
current and future revenues.
During this time, however, I think it's important to note that Visit Loudoun continued to work closely with
Town staff on all the work and without any break in service related to our tourism industry. The noted
changes in the document before you this evening are minor and include removal of accomplished items
that were accomplished in this past fiscal year, adding new measures such as support for the actual
2021 VML conference which will be held in Leesburg coming up and are also in line with Visit Loudoun
strategic plan. Staff recommends approval of the proposed MOA as presented before you this evening.
Both myself and Ms. Beth Erickson from Visit Loudoun are here to answer any questions you may have.
Mayor Burk: All right. Thank you. Any questions, Mr. Steinberg?
Council Member Steinberg: What was the future at this stage of the VML Conference? Do we have
any feeling yet where we're going to be? That's next year, is it not?
Russell Seymour: It is. We are moving forward, full speed. All of the planning, the securing of spaces,
the marketing has already started for you. You've seen that in the latest VML magazine that came out.
We are under every assumption that it is going to happen and we are planning accordingly.
Council Member Steinberg: This is scheduled for next October then?
Russell Seymour: Yes, sir.
Council Member Steinberg: Okay. I assume with the planning of actual attendance and actual spaces,
there's also contingency planning should other circumstances be present?
Russell Seymour: Yes, sir. We will have a contingency plan in place. Very similar to what they did I
believe in the Hampton roads area this year, but that is something that we hope we do not have to
address, but we will be ready for in any case.
Page 16| October 27, 2020
Council Member Steinberg: Out of curiosity, if it becomes a virtual situation, again, like we had this
year, how does that affect the outlay of monies as we host a situation like that?
Russell Seymour: I don't know if that's -- I'm going to start out by saying that most of that is done on
the reimbursement for a lot of the expenditures, so it will be-- Beth, do you want to speak up?
Beth Erickson: Thank you. I will agree with that. I think we'll be working on a budget and working very
closely with VML as they monitor the situation. I will agree with Mr. Seymour that at this point, it is all
systems go, but I think we've all gotten much smarter over the past year to make sure that we have
everything set for every scenario.
Council Member Steinberg: Okay. All right. Thank you.
Beth Erickson: Certainly.
Mayor Burk: Anyone else? Mr. Campbell?
Council Member Campbell: Ms. Erickson? Please. One, I always enjoy hearing from you and I will
always give you the stage every chance that I get. One, because I believe this relationship is so
important and we obviously get more out of it than we give. If you could give us an idea, again, in your
experience, and what you've seen with the industry and the impact of COVID-19, should there be other
investments that we should be making? Should there be other things that we should be doing, again,
to be a partner in the enterprise so it isn't just the $95,000? Are there other ways that we can use our
CARES Act funding from your experience and what you see in the industry, but could you just give us
that overview of how the industry has been affected?
Beth Erickson: Certainly, thank you so much for that opportunity. I will say that I am incredibly pleased
by the actions that the Council took this evening to support our restaurant. That to me is very, very
important. Thank you very much for always thinking about ensuring that those cash registers can
continue to ring and that our employees can be gainfully employed. I will say that as we look for
opportunities, we will always work very closely with Town staff to identify those that are key that can be
brought forward for action. We are working very closely and continue to do so.
We have our board meeting tomorrow, and so Russ is a really strong partner in ensuring that we have
that opportunity to bring ideas forward and back. I think that the MOA before you reflects a lot of that
discussion, whether it was supporting last year with the arts and cultural district this year, VML, I think
that the working relationship and the communication has never been better to look for opportunities to
support.
Council Member Campbell: How has the industry been affected? At least as we look at the broader
Loudoun County and not just Leesburg, there's been, obviously, an impact to financial [crosstalk]
Beth Erickson: It has, indeed, and I think that it was reported two weeks ago to the Council Leesburg
is faring better than Loudoun County. As a whole, Loudoun County is faring better than the Northern
Virginia region as a whole, but we have a long way to go. We are off, easily, 37% from prior year in
occupancy in our hotels. Our restaurants are saying if they're in good shape that they are off by 30%. I
know that retail, brick-and-mortar retail are also having mixed results. Some are doing very well, some
are struggling.
I think that it is going to continue to be a ripple effect that will have prolong and lasting impacts to a very
vital part of our industry. The more that we can promote, the more that we can make sure that Leesburg
is top of mind, the more we can showcase what we have that is unique and special, the better off we're
going to be for recovery.
Council Member Campbell: Obviously, the airport industry is down significantly. It makes your job that
much harder when people just physically can't get here. I'm hoping as we all are that VML Conference
does take place, but the reality is we have to have that contingency plan. Thank you very much for the
partnership. Appreciate it. Speaking on behalf of Mr. Seymour, I know he appreciates it as well.
Beth Erickson: My pleasure. Thank you.
Page 17| October 27, 2020
Council Member Campbell: Take care.
Mayor Burk: So anyone else has any questions? All right. I have a motion by Council Member Dunn,
seconded by Council Member Steinberg. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? That passes, six-zero. I do want to commend you for continuing to work on the
VML conference before we actually gave you the money towards it.
Beth Erickson: We're very excited. Thank you.
Mayor Burk: Thank you.
Beth Erickson: Thank you all much.
Mayor Burk: All right. The next one is the Zoning Ordinance batch amendments. Amending Town
Zoning Ordinance articles 2, 3, 5, 6, 7, 9, 10, 11, 15 and 18 as part of the 2017 annual batch
amendments. Do I have a motion?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second? By Mayor Burk. All right.
Michael Watkins: Madam Mayor, members of Council. Good evening. Before you this evening are the
remainder of the 2017 batch amendments. Again, just as a refresher, the batch amendment process is
the annual--
[background noise]
It does not like me.
Mayor Burk: [laughs]
Michael Watkins: The annual review and/or amendment of the Zoning Ordinance for the purpose of
keeping the ordinance current, relevant, comprehensive for all users. Our amendments are typically
based on State Code changes, changes and uses, interpretations made by the Zoning Administrator,
correcting errors, and responding to requests by businesses and citizens.
The Planning Commission did hold two public hearings on this item on September 5th and December
19th. They also held a work session. There were no public speakers through that process. The
recommendation was made with a seven-zero vote. Council did hold its public hearing on these batch
amendments in January of this year. It should say 2020. My apologies. The original batch consisted of
31 items. However, Council pulled three items and that's what we're discussing this evening. One is the
qualification for the BAR members. The second are vending kiosks and then lastly is the homestay or
Airbnb regulations.
Quickly, the BAR qualifications, the Preservation Planner typically reviews our ordinances to maintain
our status as a certified local government. This recommendation was initiated by that person, and our
Zoning Ordinance members are restricted to residents only. The recommendation moving forward is to
be consistent with the Town Code, which says that boards and commission members can be residents
and/or business owners. Again, the effect would be to be consistent with our Town Code, clarify the
qualifications of non-resident property owners and then this also maintains Council's discretionary
authority. Even with these qualifications, Council's discretionary authority does not change.
Secondly is the vending kiosks. Again, this was the result of a proffer limitation for the Outlet Mall. You
heard from a representative of the Outlet Mall earlier this evening, whereupon they had erected kiosks
without zoning permits. Right now, the Zoning Ordinance does not permit these types of structures. The
effect of this amendment will define kiosk as an accessory structure. It creates use standards that
Page 18| October 27, 2020
address size, location, number, hours of operation, and maintaining adequate pedestrian circulation in
the environment in which they're placed.
Then, lastly, the homestay or short-term residential rentals. The ordinance currently does not permit or
exempt short-term residential rentals. I've had numerous requests from residents who would like to
achieve a valid zoning permit. I've had an equal number of folks who have called to complain about
these. The effect of this ordinance will create a new permitted homestay use. It requires registration
through a home occupation permit. It requires a Town of Leesburg Business License, and the ordinance
as drafted includes a standards that require resident owners, a local authorized agent, maximum
number of lodgers, required onsite parking spaces, and required annual inspections. I included a few
motions for you, and I'm happy to answer any questions you may have.
Mayor Burk: All right, Mr. Martinez, you have any questions?
Vice Mayor Martinez: Maybe, but I do have a couple of comments. I got some input back on the kiosk.
I think that needs to be discussed a little more than just as a part of a batch zoning amendments, the
idea of kiosks now being allowable. I think there's size concerns. What kind of business? What are they
going to be doing with those kiosks? The only comment I have is that that might need to be pulled out
of the batch amendments and have a little more thorough discussion on the appropriateness of it. Thank
you.
Mayor Burk: Mr. Martinez, are you making a friendly amendment to take that one out?
Vice Mayor Martinez: For further discussion, yes.
Mayor Burk: At a later time or a further discussion now?
Vice Mayor Martinez: Well, what I would like to do is I would like to hear the Planning Commission's
feedback on it as a standalone item, not as part of a batch amendment.
Mayor Burk: At a later time, all right. Council Member Steinberg, do you take that as a friendly
amendment?
Council Member Steinberg: I would like to wait until afterwards [inaudible 01:17:21]
Mayor Burk: Okay. All right. Mr. Dunn, do you have any questions?
Council Member Dunn: There we go. Yes, thank you. Let's see. On the BAR allowing non-residents
to be members of the BAR, which would be inclusive of property owners, I'm a little bit concerned about
that. Suzanne, forgive me, but it's like having the fox in the henhouse. That if you allow, basically,
developers downtown to be members of the BAR, it seems like some of our issues that we've had with
other than some general things with individual properties, but our biggest issues have been with builders
coming in who are property owners and looking at building larger projects, and to now have them to be
able to sit on the BAR, I just see a relaxation of our BAR guidelines. I would strongly encourage that we
keep the BAR to residents of the Town, and not just the property owners.
The next one is the stay at home. Questions for staff. Are there any limits to the locations where these
can be? When I read it, it looks like it allowed pretty much any residential area, is that correct?
Michael Watkins: Correct.
Council Member Dunn: That's correct? Okay. I would have concerns about that along the same lines
that I have about any of our regulations that deal with expanding of businesses within residential areas.
Folks generally buy their homes knowing that they're going to have a neighbor next door, not multiple
neighbors coming and going with multiple cars, and not know who's staying from one day to the next.
I think that that could be a little nerve-racking for folks, not knowing whether, hey, somebody's got a
rental facility next door to me, where people can come and go every two or three days. I would not be
in favor of that unless it is limited to maybe certain areas of Town, but then again, why should one area
of residences be held out over other residences? I'm a little hesitant to want to approve the homestay.
Page 19| October 27, 2020
As far as the kiosks go, I'm okay with discussing that this evening. I think that while, and I talked to my
Planning Commissioner about this, and much to her chagrin, I was in disagreement with her position.
The reason why is I think this is really a market-dictated issue. There are kiosks already at the Outlet
Mall. They may be looking to increase the size or increase the services provided. It really is a decision
that I think that the property owner working with their tenants, if they think they can manage this process
and their tenants can be happy with the increased competition and sometimes competition can draw
more business to the other competing businesses.
If it's something that the public just can't handle doing or accepting, they won't shop there and then the
business owner will decide, this was not a good idea, we're going to start limiting the kiosk. Especially
in this age, and I would not say that this is just a COVID issue, because I don't want to keep saying
everything is, we'll do everything we can because of COVID. With the businesses having a tough time
out there, if this helps bring more customers to the Outlet Mall, I think that would be a good thing. If it
doesn't, the Outlet Mall would recognize that and if there's issues with the tenant, the tenants will
recognize that and share those opinions with the property manager.
I really think that there should be a market-driven activity and not having government going in and start
deciding what makes for good retail businesses or not. I don't think we should be picking winners and
losers on that. I'm okay with the kiosks, not okay with residents on the BAR, not okay with the homestay.
I think that is it. Thank you.
Michael Watkins: Mayor Burk?
Mayor Burk: All right. Anyone else? Ms. Fox.
Council Member Fox: Go ahead.
Michael Watkins: I just wanted to respond to one thing that Council Member Dunn brought up. That's
with the homestay. Right now, it's not in the ordinance. If the Council has concerns with creating a
regulation to prohibit that, they would need to do so this evening, otherwise it would continue
unregulated and no enforcement.
Mayor Burk: All right. Ms. Fox.
Council Member Fox: That's good to know. That was one of my questions, actually. Kiosks, I happen
to agree that you let the market decide, let them do what they need to do, this is a business and we
should be supporting them. Residents only on the BAR. I have to agree. I think it should be residents. I
think that's the way it should be on I guess all of our commissions and committees as well. Can you tell
me on that issue, the Town Code versus what we're trying to pull two things into compliance once the
Town Code-- What's the other thing that allows just residents only? I know Town Code allows residents
and business owners. What was the instrument that allowed just residents only?
Michael Watkins: The general qualifications for boards and commissions irrespective of the
individuals. The general qualifications are business owners and residents, the Zoning Ordinance limits
the qualifications for BAR members to residents only currently.
Council Member Fox: Okay. Which one of those is more current? Newer, which came about first,
second?
Michael Watkins: I don't know the answer to that. Sorry.
Council Member Fox: All right. Thank you. Then the Airbnb, I thought I would be against that, but I do
think there needs to be some type of regulation on Airbnb, but I'm not sure what. I don't have a
suggestion as to that, but now that you said it would just keep going unregulated, I don't think that's a
good idea, because it could get out of hand as well. I understand that. That's where I stand on this.
Mayor Burk: Mr. Steinberg have you spoken?
Council Member Steinberg: Not on this issue.
Page 20| October 27, 2020
Mayor Burk: Not on this? Okay. Mr. Campbell, then you.
Council Member Campbell: Thank you, sir. I'll try to speak to these real quickly. Does the BAR have
any concerns about allowing a non-resident property owner?
Michael Watkins: The BAR currently has a business owner appointee who's also a qualified architect.
Other qualifications for the BAR to maintain their certified local government status, there needs to be a
qualified architect, and right now the non-resident is the architect.
Council Member Campbell: We do have a resident who is an architect on the BAR? We just happened
to be fortunate to have an architect and who wants to serve, we have a non-resident. To meet our
standards, we have to have an architect and that condition makes sense to me that we have an
architect, otherwise, we don't meet the standard. That doesn't seem to be arbitrary to me, that has to
be.
The kiosk, again, I think it's getting down in the weeds. My question is about the five that the gentleman
from the Simon Outlet Mall seemed to think that was permissible and wanting that number to go to 10.
Is there--
Michael Watkins: No staff objection. The ordinance was drafted so that these types of structures
remain accessory or complimentary to the principal structures. In the instance of the Outlet Mall, is 10
kiosks going to overwhelm the Outlet Mall? I don't think so.
Council Member Campbell: To that point, again, given the business practice of Outlet Mall, and like I
said, most of us, we go to outlet malls. We don't play at outlet malls, and the traffic and the services
and we get a financial benefit from these structures. I'm supportive of the vending kiosk. The homestay,
if anything, while I'm supportive of it, again, just may not have enough vetting, by at least this Council
or now at this point, the next Council, but certainly it's been out there before us before that we haven't
taken action on and it's an industry that's not going away, and it's not going to just be in the shadows in
our community. I believe it is prudent to have standards and conditions that these types of business
opportunities for residents be regulated. I don't know, the harm in delay, at the same time it just can't
be put off forever. Thank you.
Mayor Burk: All right. Mr. Steinberg.
Council Member Steinberg: Thanks, Mike. First of all, full disclosure, the one non-resident of the BAR
is my appointment. Apparently, that was done in a certain amount of confusion. He is an architect, has
been a business owner in the downtown area for a long time and he's an excellent member of the
Commission. This is one of the most difficult positions I think of all of our important Commission's to fill
in terms of coming up with qualified individuals.
It seems to me it's up to the Council Member who's going to make the appointment to feel comfortable
that the person they're appointing is not going to work actively against the Town or in their own self-
interest, that they will actually represent the Town. I think I would certainly entrust that appointment to
the Council Member. If I'm not mistaken, only one of the members, as this was written can be a non-
resident.
Michael Watkins: Yes, sir.
Council Member Steinberg: That's correct. I think we have a similar situation on the Economic
Development Commission as well.
Michael Watkins: I'll trust you on that.
Council Member Steinberg: Okay, fine. I would have no issue at all with a single qualified member on
the BAR being a non-resident. I think that could definitely work to our advantage. Now with the kiosks,
the Planning Commission approved 7-0. Do me a favor, can you identify some of the 100,000 to 500,000
square foot situations in Town that might be impacted?
Page 21| October 27, 2020
Michael Watkins: Most of our shopping centers, if you think in context like Leesburg Plaza, Bellewood
Commons would not qualify. To try to draw a distinction at Fort Evans Plaza, those are all 100,000 and
above. Again, primarily this issue came up because of the Outlet Mall, and it was trying to address
bringing them into compliance instead of saying no, affording those alternate business opportunities
throughout Town. In terms of a design approach to it, I purposely did not put a whole lot into the
ordinance. Again, trying to address the specific needs of the Outlet Mall.
Council Member Steinberg: Well, let's talk about them just for a second since they're the main driver
here. All of their kiosks currently are within the confines of the building footprint, are they not?
Michael Watkins: Yes, sir.
Council Member Steinberg: Of course, that's an enclosed space and the kiosks are barely visible
outside the mall. Are we entertaining the idea that we would allow the kiosks to be outside the building
footprint? Now obviously with the outlet mall, that is they actually have the option, but there are
situations where they do not. Are we considering kiosks, say within parking areas are much more visible
situations throughout the Town?
Michael Watkins: That specific performance standard or prohibition is not in the ordinance.
Council Member Steinberg: The answer is, yes, they could indeed be visible?
Michael Watkins: Yes.
Council Member Steinberg: Would they have similar provisions that would distance from lot lines and
so on?
Michael Watkins: As accessory structures, yes, they would still have to comply with all applicable
building restrictions.
Council Member Steinberg: Okay. The Planning Commission was aware of that potential when they
approved this 7-0?
Michael Watkins: I do not believe that the rezoning application was on the Planning Commission's
agenda or radar strain when this batch came through.
Council Member Steinberg: Okay. How would a situation like Leesburg Plaza would have you erect
a physical structure in their parking area without jeopardizing their parking requirements?
Michael Watkins: There is a park-- Well, back up a second. These would not require a building permit.
With the kiosks that you see at the Outlet Mall, these are essentially temporary structures and the
ordinance was drafted as such, so that you're not required to go and get a building permit, which is then
reviewed by Loudoun County and subject to all those other regulations. This is primarily intended for
you to be able to bring this portable structure in, put it in an appropriate location and then conduct your
business.
Council Member Steinberg: Okay. No, I understand that. I'm asking, in reality, how could they provide
or create such a structure in most of these situations without jeopardizing their parking requirements?
Michael Watkins: We would not approve a permit that is not a conformance with the applicable parking
standards. The shopping center in total would have to have a surplus of parking spaces in order to
examine the opportunity for these accessory kiosks.
Council Member Steinberg: I see. Okay. Thanks. Now with the homestay, how did we arrive at the
180 plus one day for resident’s requirement?
Michael Watkins: It was an effort to ensure that we have a resident owner occupied unit and not a unit
that somebody may own and not live there. The purpose there was more than 50% of the year, the
resident actually resides at that building.
Page 22| October 27, 2020
Council Member Steinberg: We're aware that we have, we certainly have residents. We have one
right across the street from us who basically occupied their home in the summer months and then they
go to say Florida for the winter months. In fact, their residence is empty for six months of the year, give
or take. Are we concerned about that in any way for such a long absence period that then allows for
greater use of space inside used by a greater number of people?
Michael Watkins: The ordinance has in it a use standard that requires you to provide appropriate
documentation that says that you are the owner resident and then subject to that, we would be
complaint-driven enforcement. If a neighbor or someone else were to call and complain, our
enforcement inspectors would go out and conduct an investigation to ensure or determine the length of
residency that the resident owners there.
Council Member Steinberg: Is the assumption that the individual of contact would be the one to whom
the Town would turn in the event of complaints and so on, as opposed to necessarily the resident?
Michael Watkins: As drafted, we have a required localized authorized agent. We would contact that
person first. That person is supposed to be onsite so that if we do have an issue or a complaint, we can
contact that person first. We've gotten established line of communication instead of a resident who may
move to another location or vacation for extended period of time and we're unable to contact them, the
ordinance does require that we've got a local authorized agent.
Council Member Steinberg: Okay, and that agent would be authorized to act? Okay.
Michael Watkins: Yes, sir.
Council Member Steinberg: Out of curiosity, we have situations where you have developments that
they have private streets. Would the streets themselves become the-- would they fulfill the parking
requirements since in many of these situations, the individual structures do not have a lot parking
situation? How would that work?
Michael Watkins: Good question. When developments are served by public streets or private streets,
those are typically called residential common parking courts or travel ways, and the dwelling unit is still
located on its own individual lot, say, for instance, a townhouse. The parking requirements that we have
in the ordinance today for residential units requires that onsite parking space, at least two of them. In
townhouse communities, the parking ratio requirement's two and a half spaces. Usually that half space
is provided elsewhere in the development, but as drafted, the ordinance requires that you provide the
minimum required parking on the premises and not off-premises. To answer your question, no, private
streets would not be able to facilitate the parking requirement.
Council Member Steinberg: Within a situation like that, the HOA could certainly come into play. They
may decide what may or may not occur there.
Michael Watkins: There could. Usually, they lean on us to help, but yes, that the HOA could, of course.
Council Member Steinberg: Okay. Thanks. Well, I have no problem with the BAR. I think we should
indeed do something about getting the homestay legislation or resolution passed. I think we need to
have something in place. I'm sure we'll be revisiting it maybe sooner rather than later. If Vice Mayor
Martinez wants to entertain a motion to pull the-- Was it the kiosks?
Mayor Burk: Yes.
Council Member Steinberg: Then I have no problem with that.
Mayor Burk: Let me finish making my comments and then we'll get back to you. The seven-zero vote,
I'm a little confused by that. The Planning Commission voted on these seven-zero? I thought there was
some controversy about the kiosks and it went back and forth and it wasn't approved and it--
Michael Watkins: When the batch went through, there was discussion, but the corporate vote from the
Commission was seven-zero for the entire batch.
Page 23| October 27, 2020
Mayor Burk: Oh, that's interesting. The homestays, what keeps a place from-- if they can stay 180
days, that's almost a boarding house kind of situation. Some people are buying these houses. They're
buying them simply to be Airbnb’s. Right now, we have nothing to stop them from doing that because
they don't have to live in there. There's a number of them that are-- there's no resident ever there and
the people are coming in and out at a constant basis. What you had proposed would put an end to that
because they would have to be a resident there for at least 180 days.
Michael Watkins: Yes, ma'am.
Mayor Burk: That would have some--
Michael Watkins: Some teeth.
Mayor Burk: Yes, some help to it. The complaints that I get on a regular basis is that people are renting
out their particular rooms. They might have four bedrooms and use one themselves and they run out
three rooms and the parking then becomes a nightmare in the neighborhood. Then you've got people
coming and going and you don't know who they are and there's parties going on. Does this address
that issue at all?
Michael Watkins: It's a separate issue and that has to deal with our definition of family that allows up
to four unrelated persons. It's funny that you should mention that, I got a laundry list of complaints today
from a community for us, for zoning staff to take a peek at. The main issue becomes one where they've
actually sequestered the basement unit. They've made a physical change to the dwelling unit to create
a multifamily dwelling unit. That's where we're most successful in being able to make the problem go
away, so to speak.
When the physical changes haven't been made to sequester the basement unit as a separate dwelling
unit, then the comings and goings of the resident, basically the basement dwellers, not to use
derogatory term, but I can't think of a good one. It would be primarily those that involves illegal parking
or trespass of that nature of which I can't do, the Town can't do a whole lot. We do look into all the
complaints that come in, but where we're most successful is being able to alleviate that condition, is
where if we can determine the basement's been converted to a different dwelling unit is making that go
away.
Mayor Burk: Yes, that's a tough one. That's really tough to be able to manage that if they're renting out
rooms.
Michael Watkins: It takes an inordinate amount of effort to get to conclusion on those cases.
Mayor Burk: I bet it does. I agree with Council Member Fox and the others that have said that this may
not be perfect, but we've got standards that we can put in place at this point. I think that's important
component to it. You're going to laugh at me, but--
Michael Watkins: I promise not to laugh.
Mayor Burk: Yes, you will. You're calling them vending kiosks?
Michael Watkins: Yes.
Mayor Burk: As a former English teacher, you're making an item that's not alive appear to be alive
because they're vending, it would be better to name it. Something like outdoor kiosk sales or something
like that.
Michael Watkins: We can actually change the name.
Mayor Burk: [laughs] I told you you'd laugh. The one thing that do concern me when I was listening to
the gentleman that was speaking is he talked about having kiosks that would have serve wine or food.
Now, these things don't have plumbing in them, do they?
Page 24| October 27, 2020
Michael Watkins: No, ma'am. Actually, the ordinance as drafted restricts them from attaching to our
public utilities. The reason being there is that for any accessories-type structure, it's not going to have
a permanent foundation or permanent plumbing connections. That would require additional site plan
review and possibly trade permit review by Loudoun County, which could trigger building permits. We
try to keep it simple.
Mayor Burk: Yes, but what about the food? If they have nowhere to wash their hands, nowhere to
clean up, they're going to be serving food?
Michael Watkins: They're actually subject to the health department regulation. The health department
has specific health standards for this type of vending. I can personally speak to this, I used to scoop ice
cream for Lucketts Elementary School when we still did ice cream up there. We had an inspector come
up and check, this was at the fair, Luckett’s Fair. They did a pre-cursory check. We had a jug of hot
water and a cleaning station. There's sanitizing going on.
Mayor Burk: I don't know. One of the things I'm concerned about is the increase in size. Now I haven't
been to the mall in a long time, but when they did put up the other ones, they do consume a lot of space.
For making them even bigger, they have to meet the ADA requirements, don't they?
Michael Watkins: In the ordinance, we specified as a performance standard a few things. One, is that
they've got to meet ADA and then, two, maintain an appropriate pedestrian environment around those
facilities. When they come in with their zoning permit for the kiosk, we will look at all those factors.
Mayor Burk: Where else would this go? This isn't going to just impact the Outlet Mall, where else could
kiosks start coming up? Especially if they can be in parking lots as opposed to in the building.
Michael Watkins: So far, nobody other than the Outlet Mall has asked.
Mayor Burk: Right, but where else could it go if they find out about it and they're like, "Oh, okay, let's
put some kiosks out in the parking"?
Michael Watkins: It could be in all the shopping centers. If that was a concern of Council, then the
ordinance that I drafted, you can eliminate the lower threshold. Where I put 100,000 to 500,000 square
feet, you can just eliminate that performance standard and only permit it for shopping centers that have
500,000 square feet or more.
Mayor Burk: Okay. The BAR, if we've had developers on there that live in Town, so that doesn't stop
a developer from coming on the BAR. I don't see it as a major issue. Someone that has a business in
Town, does the business have to be in a historic district?
Michael Watkins: Yes, ma'am.
Mayor Burk: Okay. Then I don't have a problem with the BAR stuff. Now, we've got Council Member
Steinberg made a motion and Mayor Burk seconded it and then Mr. Martinez wanted to move the kiosk
discussion to another meeting. Is that correct, Mr. Martinez?
Vice Mayor Martinez: Yes, ma'am.
Michael Watkins: Madam Mayor. If I understand Council Member Martinez, I think his motion was to
essentially remand the item back down to the Planning Commission. I think if you were to finish this
motion, I would suggest that the language include a remand back to the Planning Commission instead
of just discussion at a subsequent meeting, if the intent was to solicit the Planning Commission's
additional input.
Mayor Burk: Was that your intent Mr. Martinez?
Vice Mayor Martinez: Yes, it was.
Mayor Burk: Okay. Is that a friendly amendment?
Page 25| October 27, 2020
Council Member Steinberg: I accept.
Mayor Burk: All right. I'll accept it too.
Council Member Dunn: Point of inquiry.
Mayor Burk: Yes, sir.
Council Member Dunn: Are we going to send this back to the Planning Commission without any
feedback of what we'd like them to consider? My other question is, can it be written in that the kiosks
are not allowed to be in parking lots or take up parking spaces? I guess that's for staff.
Mayor Burk: Okay. Is that something that can be written into it?
Michael Watkins: We can definitely put in a performance standard that restricts or does not permit the
kiosk to be locating in a parking facility.
Mayor Burk: Okay. Yes, that can be, Mr. Dunn. That can be put in there.
Council Member Fox: Madam Mayor?
Mayor Burk: Yes.
Council Member Fox: I'd like to know-- I'm sorry.
Council Member Dunn: My other question was, are we going to [unintelligible 01:45:54]
Mayor Burk: Are we what? Sorry, we couldn't hear you, Mr.--
Council Member Dunn: My first inquiry was, are we going to give-- if we are sending it back to planning,
are we giving them anything to work on from our meeting? Otherwise, they may just rehash what they've
already done. Thank you.
Mayor Burk: Okay. It's a good point. Ms. Fox.
Council Member Fox: I don't know if this needs a friendly amendment or if this would just go back to
them, but I would go ahead and say the 500,000 square foot threshold should be included.
Mayor Burk: Okay, would you accept that as a friendly amendment?
Michael Watkins: Well, it's nice to have friends, so yes, I will accept that.
Mayor Burk: Okay. I will, too. We've got additions to the motion to remand it back to the Planning
Commission. Mr. Dunn has asked that we include some standards that we want them to look at. We're
already talking about putting in that they can't put it in the parking lot. What else would we want them
to look at in regard to it?
Council Member Steinberg: We might want them--
Council Member Dunn: Size.
Mayor Burk: Size?
Vice Mayor Martinez: As far as health and safety.
Mayor Burk: Health and safety issues?
Council Member Dunn: Madam Mayor?
Page 26| October 27, 2020
Mayor Burk: Yes, sir?
Council Member Dunn: Did you call on me? No?
Mayor Burk: [laughs] Yes, Mr. Dunn.
Council Member Dunn: Oh, thank you. I'm not sure if we're getting at this. Since it came up from the
caller today and it may be what Suzanne is trying to do, too. Do we want to make limitations on the
number of kiosks based on the size of the location? Because right now, I'm not sure what the number
of kiosks is. The limit is. Maybe staff can answer that. If it's not a limit, then I think we ought to put it in
there. Thank you.
Mayor Burk: The limit is five.
Michael Watkins: As drafted, the limit would be five, the representative from the Outlet Mall would like
that increased to 10.
Council Member Steinberg: I have a question about that.
Mayor Burk: Yes.
Council Member Steinberg: Why five?
Michael Watkins: Honestly, I pulled a number that would ensure that they're subordinate to the
[crosstalk]
Council Member Steinberg: The comment I would make is I would have to assume that the
management of the Outlet Mall is not going to jeopardize their own situation, and so they would
adequately control that the kiosks, so 5 versus 10, that's something I think we might ask the Planning
Commission to also look at. Then one final thing, I just want to clarify, the BAR non-resident must also
be a property owner, is that not correct in Town? Okay, even though they're not a resident, Okay, thank
you.
Mayor Burk: All right. I'm not sure how we're going to word this. This is going to be a tough one here,
because it says amending the Town of Leesburg Zoning Ordinance Article 2, 3, 5, 6, 7, 9, 10, 11, 15,
18 as part of the 2017 batch amendments, but they want to remand back the out the kiosk discussion
to the Planning Commission, asking them to look at not allowing them in parking spaces, look at their
size, and health and safety issues.
Michael Watkins: I would suggest that you separate the question. You could entertain a motion
whereby you remand kiosks back to the Planning Commission with your specific directions. Then your
motion would be to move approval of Section 2.3 Board of Architectural Review in Section 9.3, use
standards for homestay.
Mayor Burk: Okay. Mr. Martinez just made a motion, a friendly amendment. Do we need to remove
that and make it separate?
Christopher Spera: I believe what I heard was that Mr. Steinberg accepted Mr. Martinez's friendly
amendment to essentially remove the kiosks from his motion to approve. What I would propose is that
you make a motion on the two that are still Mr. Steinberg has moved for approval and then make a
separate motion directing the remand back to the Planning Commission with respect to the kiosks.
Mayor Burk: Okay, so we need to vote on the motion that-
Christopher Spera: Mr. Steinberg made.
Mayor Burk: -Mr. Steinberg made.
Christopher Spera: As amended-
Page 27| October 27, 2020
Mayor Burk: By Mr. Martinez.
Christopher Spera: By the friendly amendment by Mr. Martinez, which essentially removes the kiosks
and basically tees up a second motion with respect to the remand of the kiosks.
Mayor Burk: All right. All in favor of the motion with the friendly amendment by Mr. Martinez, indicate
by saying aye.
Council Members: Aye.
Christopher Spera: Madam Mayor, you're considering Mr. Martinez's friendly amendment as the
second, just so we're clear for the record.
Mayor Burk: I'm sorry?
Christopher Spera: You're considering Mr. Martinez's friendly amendment as the second to the motion.
Mayor Burk: Okay, because I was the second.
Christopher Spera: Oh, you were the one who seconded? I'm sorry. I missed that then. Never mind. I
withdraw that comment. I'm sorry.
Mayor Burk: Do we have a motion from anybody concerning we've now removed the kiosks from the
discussion? We've sent it back to the Planning Commission.
Council Member Dunn: Point of order?
Mayor Burk: Yes, sir.
Council Member Dunn: I got lost there and I did not vote on the last. You did not ask for nays. I actually
wasn't sure what we were voting on with the discussion that was going back and forth. Right now, you
have a certain number of ayes, but I wasn't sure what we were voting on. I did not vote because I didn't
know what it was.
Mayor Burk: All right. How do you want to record your vote?
Council Member Dunn: Again, I'll repeat. I'm not sure what we are voting on.
Mayor Burk: [crosstalk] I'm sorry, Mr. Dunn. We voted on the motion that Council Member Steinberg
brought forth that had a friendly amendment from Mr. Martinez to move the kiosk discussion to remand
it back to the Planning Commission.
Christopher Spera: And approve the other two.
Council Member Dunn: Does that mean that we're voting on the whole batch amendment minus the
remanding back to the Planning.
Mayor Burk: Yes, that's what we are voting on, as I understand it. Am I correct, Mr. Spera?
Christopher Spera: Correct. You're voting on the proposed changes to Section 2.3 of the Zoning
Ordinance which deals with the--
Mayor Burk: Which is the homestead.
Christopher Spera: Which is the board of architectural review, and then you are voting to approve-
Mayor Burk: BAR.
Page 28| October 27, 2020
Christopher Spera: -the changes to Section 9.-- I'm sorry, the 2.3 is the BAR. Then you're also voting
to approve Section 9.3, which is the homestay component of the Zoning Ordinance. You've removed
the Section 9.4 of the discussion of the kiosk and you're remanding that back to the Planning
Commission with all the elements you've discussed.
Mayor Burk: All right. We have removed the kiosks from the motion. W e are voting on the other two,
the homestead and the BAR. We had a vote--
Council Member Dunn: I could divide the question.
Mayor Burk: You wanted to vote on all of them separately?
Council Member Dunn: I would be, because I do have another question about the homestay. If I could
ask you a quick--
Mayor Burk: If it's quick, Mr. Dunn.
Council Member Dunn: Would we be able to just make that use, a non-allowable use, on homestay?
Michael Watkins: You can define the use and then make it prohibited.
Mayor Burk: You could, yes.
Council Member Dunn: That would satisfy the regulatory issue. I would appreciate being able to divide
the question if we could. Thank you.
Mayor Burk: Okay, by dividing the question then, we are going to vote on Section 2.3, which is the
BAR allowing a member that is not a resident but has a property in Town. Is it a business or a property?
Michael Watkins: It's property, sorry.
Mayor Burk: Property, and it has to be in the historic district? What?
Council Member Steinberg: I don't know if [inaudible 01:55:29]
Christopher Spera: Mike, did you hear his question?
Michael Watkins: Yes. I heard the question, and bear with me just a second just so that I don't quote
something that's incorrect. They have to be property owners. Non-resident property owner provided
that the said member owns at least a parcel of land in the old and historic district. Yes on both accounts.
Mayor Burk: All right, so do I have a motion to accept the changes to the BAR requirements 2.3?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second?
Council Member Campbell: Second.
Mayor Burk: Seconded by Council Member Campbell. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Dunn: Aye. Nay.
Mayor Burk: All right, that's five-one. That moves forward. The next one is a motion to make the
changes to the homestead--
Page 29| October 27, 2020
Council Member Steinberg: Homestay.
Council Member Fox: Homestay.
Mayor Burk: The homestead.
Christopher Spera: Madam Mayor, the changes to Section 9.3 of the Zoning Ordinance to create the
homestay regulation.
Mayor Burk: Okay, to create the homestay regulation and standards, I would assume. Regulations.
Okay. Is there a motion for that?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second?
Council Member Campbell: Second.
Mayor Burk: Seconded by Council Member Campbell. Is there any additional discussion on that one?
Council Member Dunn: I want to make a motion to amend that we make this a non-allowable use in
the residential area so that instead of these regulation we're passing which provide for the use, we
would be voting to make it a non-allowable use, and that homestays would not be allowed in Leesburg,
thereby regulating the process. Thank you.
Council Member Steinberg: Mr. Steinberg, [crosstalk]
Council Member Fox: Point of clarification, just the residential areas of Leesburg, correct?
Mayor Burk: Okay. That's what he said, residential. Okay. Do you accept that as a friendly
amendment? Council Member Campbell, do you accept it as a friendly amendment? No. That fails.
Council Member Fox: That is a separate motion. [unintelligible 01:57:51]
Mayor Burk: Oh, you want it to be--
Council Member Dunn: I actually made that as-
Mayor Burk: A separate motion?
Council Member Dunn: -a motion to amend.
Mayor Burk: Oh.
Council Member Fox: I'll second it.
Mayor Burk: Okay. [chuckles]
Council Member Dunn: It wasn't offered as a friendly.
Mayor Burk: Oh, okay. I'm sorry. I misunderstood, Mr. Dunn, and Council Member Fox seconded it,
and that is to deny homestays in the residential areas of Town.
Council Member Fox: Make it a prohibited use in residential areas.
Michael Watkins: Madam Mayor. We would amend article 9.4.3D which is where home occupations
are, subparagraph D is prohibited home occupations.
Page 30| October 27, 2020
Mayor Burk: All right. Okay, we have a motion by Mr. Dunn, seconded by Council Member Fox, All in
favor, indicate by saying aye.
Council Member Fox: Aye.
Council Member Steinberg: Aye.
Council Member Dunn: Aye.
Mayor Burk: All right, that was Mr. Dunn, Ms. Fox and Mr. Steinberg. Opposed?
Council Member Campbell: Nay.
Mayor Burk: Mr. Campbell. I'm a nay. Mr. Martinez?
Vice Mayor Martinez: Nay.
Mayor Burk: That doesn't move forward. That takes us back to the original, which was moved by
Council Member Steinberg and seconded by Council Member Campbell to develop regulations in
regard to homestay regulations. All right. All in favor of that, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Dunn: Nay.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: Aye.
Mayor Burk: All right, so that is five-one. That moves forward too. Then we got the BAR. We've sent
the motion back. Yes, sir?
Christopher Spera: You still have to do a motion on that one. I don't think you had a vote on the kiosks
yet, did you?
Mayor Burk: Yes, we did, we did it five-one.
Christopher Spera: That was the BAR.
Mayor Burk: No. I thought we did do the kiosks.
Council Member Dunn: Actually, we did not.
Mayor Burk: Okay. Because I have the BAR as five-one. I have that Council Member Steinberg made
the motion and I seconded about sending it to the Planning Commission.
Christopher Spera: Before that vote, Mr. Dunn had divided the questions, so you we're taking each
section up individually. The first one you did was on 2.3, which was the BAR change and that was five-
one, as you recall. Then this one you just voted on with the amendment, and then the amendment didn't
succeed. You did five-one on the original motion as proposed by Mr. Steinberg. That still leaves the
kiosks.
Council Member Dunn: Point of inquiry.
Mayor Burk: Yes, Mr. Dunn.
Page 31| October 27, 2020
Council Member Dunn: Just so we're straight. I believe there's other parts of the batch amendment
than these three main issues. If you're looking to vote on the other parts of the amendment, then do we
need to divide those two or do you want to include those with this one dealing with the kiosk? I think
they're unrelated.
Mayor Burk: It's my understanding that we're only dealing with these three issues.
Michael Watkins: Yes ma'am.
Mayor Burk: Yes, we're only dealing with these three issues.
Christopher Spera: That's correct, Madam Mayor. The other elements of the batch amendments were
already passed, these were the three that were removed from the prior batch.
Mayor Burk: Okay. All right. We have a motion to remand the kiosk issue to the Planning Commission.
I assume, Mr. Martinez, you want to make that motion?
Vice Mayor Martinez: So moved.
Mayor Burk: Is there a second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. We are going to include in that, that they need
to look at not allowing kiosks in parking spaces, the size of the kiosks, and the health and safety
requirements within the kiosks.
Council Member Fox: What about the [inaudible 02:02:00]
Mayor Burk: That's what I was calling out, so it's a 500,000 square feet.
Council Member Steinberg: [unintelligible 02:02:08] allowed.
Mayor Burk: Wait a minute. Square feet. That would do what? It would only apply to a shopping mall
of 500,000 square feet. You want them to look at the number. All right. Is there any question on this?
Any discussion? Okay. All in favor, indicate by saying aye.
Council Members: Aye.
Council Member Dunn: Aye.
Vice Mayor Martinez: Aye.
Mayor Burk: Opposed? That's six-zero. Okay?
Michael Watkins: Thank you, Madam Mayor.
Mayor Burk: You know what you have to do here. All right. Next one is I make a motion to proclaim to
approve the proclamation for the National Native-- No, this is Mr. Martinez. I'm sorry. Mr. Martinez, did
you want to make a motion to-- Okay. I'll move to approve a proclamation for Domestic Violence
Awareness Month to be proclaimed November 10th, 2020 at the Town Council meeting. Is there a
second?
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox. All in favor, indicate by saying aye.
Council Members: Aye.
Page 32| October 27, 2020
Vice Mayor Martinez: Aye.
Mayor Burk: Opposed? Abstain?
Council Member Dunn: Abstain.
Mayor Burk: Five-zero-one. Mr. Martinez, do you want to move?
Vice Mayor Martinez: So moved?
Mayor Burk: Move the proclamation for National Native American Heritage Month to be proclaimed on
the 10th of November 2020. Is there a second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? Abstain?
Council Member Dunn: Abstain.
Mayor Burk: Mr. Martinez, did you want to do a motion to proclaim Veterans Day to be proclaimed
November 10th at the Town Council meeting 2020?
Vice Mayor Martinez: So moved.
Mayor Burk: Vice Mayor Martinez moved it. Second?
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? Five-zero-one. I move to approve the proclamation for friends of Loudoun
mental health be proclaimed at November 10th, 2020 Town Council meeting.
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? Abstain?
Council Member Dunn: Abstain.
Mayor Burk: All right. I move the proclamation for Small Business Saturday to be proclaimed November
10th, 2020. Is there a second?
Council Member Steinberg: Second.
Mayor Burk: Second by Council Member Steinberg. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? Abstain?
Page 33| October 27, 2020
Council Member Dunn: Abstain.
Mayor Burk: Five-zero-one. All right. That takes us to our Council disclosures and comments. Mr.
Dunn?
Council Member Dunn: I don't have any disclosures. I would ask for an addition to future meetings for
a update on the BLA and where our position is and also confirm that our position that we've sent forward
is still a position that we want to have to present it to the County.
Mayor Burk: All right. We have brought this similar item up last time and we didn't move it forward, but
let's try it again if you like. An update on the BLA and our position statement within that. All in favor,
indicate by saying aye. Oh, wait a minute. No, wait a minute. This is where I have to find out if four
people want to do it. Sorry. Are there four people that want to do this? Mr. Steinberg, Ms. Fox.
Council Member Dunn: Yes.
Mayor Burk: Mr. Dunn. Opposed? Mr. Steinberg is opposed, Ms. Burk. Mr. Martinez, how are you
voting?
Vice Mayor Martinez: Opposed
Mayor Burk: All right. In favor was Ms. Fox, Mr. Campbell and Mr. Dunn, so that does not go anywhere.
All right. Anything else, Mr. Dunn?
Council Member Dunn: No, just to remind folks to get out and vote and be safe when you do it. That
no matter the results of the election, I'm hoping that we have a kinder, gentler society in which we can
get away from our tribal zone and our disputes and name-calling. As I said, just be a little bit more kinder
and gentler out there. The country [unintelligible 02:06:49] the division that's been coming out of
Washington for the last 12 plus years has really set this country apart and we need to get back to looking
for and working for each other. That's all I have and thank you. Have a good evening.
Mayor Burk: Thank you. Mr. Martinez?
Vice Mayor Martinez: No comments. Thank you.
Mayor Burk: All right, Mr. Campbell,
Council Member Campbell: I have no disclosures. I do have two items I want to bring back for
consideration of future meetings, but I want to make some comments before I do. On this BLA with the
County, I think it's important for the public to understand-- This was presented to us last night, at least
in the staff report, but we didn't talk about it. Some of the future expectations of the financial health of
this community are contingent upon what may or may not happen with this agreement with the County.
While the conditions of that agreement may not be able to be released, the idea is that there are
conditions that the Town has to yield to. I used the word yield in order to make this happen.
If the only thing that's at stake is what we look like as a future of a Town, but yet we're refusing among
ourselves, not among the public, among ourselves to have a work session on where we stand, have
those conditions change, should give everyone in our community pause about what we might sell out
for, or what conditions we might be willing to compromise in order to achieve some level of financial
gain.
It's not that those conditions might be unreasonable, but that conversation is long overdue for this
Council. I believe the last conversation we had about it was back in August. We allowed a period of
time to pass. We've recently received information that the County had our last document at October
5th. Now, we have information that they won't deliver any information back to us till sometime in
November.
If this is just a stall tactic, this is just a delay in terms of being able to strong-arm us even more and
make our financial position more untenable, and we refused as a Council to talk about it, that's
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unconscionable to me. I want to bring it back up as a future work session item that we talk about and
bring it back for a work session in November.
Mayor Burk: All right. Are there four votes to bring the discussion back about the BLA at this point, Mr.
Campbell, Ms. Fox, Mr. Dunn? That's it. That moves. That doesn't go anywhere.
Council Member Campbell: Good. Now, I have another one to bring it back up again. Citizens Group
met over a week and a half ago with Chief Greg Brown, and it was a good meeting to talk about law
enforcement, talk about the use of force policy, and to talk about things that we could explore together
as a community and talk about what's right for this community, without any expectations of outcome,
demand, designs or anything, period, as to what may change and no expectations of promises, only
expectations that we move forward as a community.
I think, respectfully, the community wanted to engage this Council and get feedback from this Council.
It doesn't mean that citizens still can't move forward and that the Chief still can't look at reasonable
ways of which to engage with community groups and organizations. I go back to the original MOU that
the Chief and the Police force have with the Loudoun County branch of the NAACP. We brought it
forward to this Council because it was important for this Council to consider what that particular law
enforcement branch was doing with the community. It wasn't, I say, always encouraged that the Chief
had to do that. We felt strongly enough that this community, called the Town Council, should have a
partnership role in that.
Again, for this Council, not to be willing to have a conversation, to understand what its community is
thinking and saying in light of such a key and critical national issue, again, is unconscionable. I bring it
back for consideration of a future work session, hopefully to take place in November, for this Council to
consider creating a law enforcement citizens committee to review law enforcement strategies and
tactics within the Town of Leesburg.
Mayor Burk: All right. Are there four votes that would like to do that?
Council Member Steinberg: Yes.
Mayor Burk: Mr. Steinberg, Miss Fox, Mr. Campbell, Mr. Dunn? All right, no’s? There's no. Is there any
fourth one?
Council Member Dunn: No.
Mayor Burk: All right, that doesn't move forward either.
Council Member Campbell: Well, again, I think things and conditions don't happen because we
choose to stick our heads in the sand, and just remember when you do that, what is exposed, and this
Town is exposed. Thank you.
Mayor Burk: All right. Ms. Fox?
Council Member Fox: Thanks. I have no disclosures. I didn't have anything until I was listening to Keith
tonight make his representation of the funds, the CARES funds. It occurred to me when he said we had
some extra funds available in multi millions, I thought to myself, I'm going to bring up something I
brought up before, it got turned down, but in order to-- I'm thinking maybe we can do some sort of
program before the end of the year to actually help our restaurants downtown or in the rest of the area
and do a certificate per family for a meal in one of the restaurants in the area. I think it's a win-win for
families and I think it's a win-win for restaurants, and I'd like to consider that.
Mayor Burk: May I ask Mr. Dentler? Sorry. Could we do something like that? How would we go about
doing something like that? Is that something you want to do on a work?
Council Member Fox: Well, if I may, I haven't thought about that much, but I've been thinking about it
a little bit. I don't know how many families we have. I would just if there's a family or an entity, not a
business that pays utilities here in Leesburg, we use that number, send a $50 certificate and call it a
day, that kind of thing. I would propose an idea a little bit now. I would propose, I don't know how many
Page 35| October 27, 2020
families we have, but I estimated about 12,500. If we did a $50 gift certificate, that’s $625,000. If we
allocated a million, that would take care of printing and mailing, and I think that would be a good use.
Council Member Steinberg: Can we actually do that?
Kaj Dentler: If I understood, you want to provide a gift certificate, gift card of a certain value-
Council Member Fox: Right, even a card. It doesn't even [crosstalk]
Kaj Dentler: -just to families and what the criteria for that is and--
Council Member Fox: Like I say, spend it in Leesburg. [crosstalk]
Kaj Dentler: Right. The only concern I have, I mean it's certainly very admirable. The concern I have
is the audit process-
Mayor Burk: They have to spend it by December.
Kaj Dentler: -were not far from the end of this time--
Council Member Fox: Oh, It expires December 30th or whatever. It has to be used by then, it would
expire by then.
Kaj Dentler: It has to be used but that money is--
Council Member Fox: It would be too tough to audit?
Kaj Dentler: I just going to like express the concern if the Town is exposed for how we're going to be
able to track and audit that. Anyway, we can talk about it. We can look into it. That's the point of-
Council Member Fox: I guess that would be a decision that the Council would make, would we want
to even talk about it.
Kaj Dentler: -where you are tonight, not to debate it. If you have four people who want to look into it,
let us look into it and come back.
Mayor Burk: Okay. Are there four people that would be interested in looking into it? Mr. Campbell, Ms.
Fox, Ms. Burk, Mr. Steinberg?
Vice Mayor Martinez: Mr. Martinez.
Mayor Burk: Mr. Martinez? All right, so you'll come back with information and we can--
Kaj Dentler: I’ll come back and then we'll see what we--
Mayor Burk: Okay.
Council Member Fox: That's it. Thanks.
Mayor Burk: All right. Have I hit everybody? Did I--
Council Member Steinberg: Not me, but I have no disclosures and no comments.
Mayor Burk: Okay. I just have a couple of things I want to acknowledge the VML had their conference
on October 7th and 8th virtually. While it was not nearly as dramatic and interesting as having it in-
person and, most certainly, they had a lot of really good symposiums and it was very worthwhile. I want
to send my sympathies to Mayor Walker's family. They had a lovely ceremony for her last weekend.
She was most certainly a very unique individual, lived and breathed her community in Lovettsville, and
is definitely being very much missed. She was a tremendous advocate for the Town.
Page 36| October 27, 2020
On October 16th, we had a ribbon-cutting at Mocatinas. Unlike its name, it's not actually a coffee shop,
it's a dessert shop. Let me tell you, the desserts in there are unbelievable. A lot of people forego the
desserts and the restaurants now to go over there and get desserts after they've eaten, but it's a lovely
shop and they have rooms to rent upstairs. It's a great place for kids' parties or gathering. It's beautifully
designed. They did a great job.
On October 21st, Sharp Practices Solution opened up here in Leesburg and they are new and they're
from New Mexico. We actually got them from New Mexico, and their CEO happens to be Brady Burke,
not a relative, but, again, another great new business. It's a business that does billing for medical
facilities. It's great that they moved their headquarters here to Leesburg.
I did a taped video to congratulate the Loudoun Wildlife Conservancy for their 20 years of service here
in Leesburg. I want to thank the Police for holding their Take Back the Pills this weekend. I was not able
to get over there. I hope it was successful, but it most certainly is something that's very needed. We
need to clean out our medicine cabinets when we're done with our medicines. It's a great way to make
sure that things were safe.
We had attended a ribbon-cutting for Raymond James, again, another wonderful business that's
expanded here. It was here in Leesburg and it continues to be here, it is expanded. It's the old
Guesthouse, I think it was Guesthouse Furniture store there on Loudoun Street. They've just done a
beautiful job of fixing it up and making it such an interesting place. They're very conscious of making
sure that all the safety precautions are in place, so all of the room, the doors at the rooms, and the
different offices are all six feet apart, hallways are six feet apart. They do the social distancing and the
mask-wearing, they take it very seriously.
I'm looking forward to the Halloween parade next weekend, and I want to wish everybody a happy
Halloween. Actually, it's this weekend, it's not next weekend. It's this weekend. Please be careful and
be safe. Please go out and vote if you have not. I've been to the polling place just about every day and
it is amazing, they expect that 65% of the people in Leesburg will have voted early by the time that
Election Day comes around. That is all I have. Mr. Town Manager?
Kaj Dentler: No comments.
Mayor Burk: No comments. Do I have a motion to adjourn?
Council Member Fox: So moved.
Mayor Burk: Ms. Fox made the motion. Second?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg. All in favor?
Council Members: Aye.
Mayor Burk: Opposed. That passes, six-zero. All right. Happy Halloween, everyone.