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HomeMy Public PortalAbout2020_tcmin1110COUNCIL MEETING November 10, 2020 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Burk presiding. Council Members Present: Thomas Dunn, Suzanne Fox, Vice Mayor Marty Martinez, Neil Steinberg, and Mayor Kelly Burk. Council Members Absent: Ron Campbell. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Director of Public Works and Capital Projects Renee LaFollette, Director of Economic Development Russell Seymour, Director of Plan Review Bill Ackman, Zoning Administrator Mike Watkins (via WebEx), and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Mayor Burk. 3. SALUTE TO THE FLAG was led by Council Member Dunn. 4. ROLL CALL a. Remote Participation Council Member Dunn requested to electronically participate in the November 10, 2020, Council Meeting due to the health and safety concerns associated with the Coronavirus. Mayor Burk, Vice Mayor Martinez, Council Member Fox, and Council Member Steinberg were physically present at the meeting. MOTION2020-258 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: To allow Council Member Dunn to electronically participate in the November 10, 2020, Council Meeting The motion was approved by the following vote: Aye: Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 4-1-1 (Dunn abstain, Campbell absent) 5. MINUTES a. Work Session Minutes of October 26.2020 MOTION 2020-259 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the minutes of the Work Session of October 26, 2020, were moved for approval. 1IPage COUNCIL MEETING November 10, 2020 The motion was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk Nay: None Vote: 5-0-1 (Campbell absent) b. Regular Session Minutes of October 27. 2020 MOTION 2020-260 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the minutes of the Regular Session of October 27, 2020, were moved for approval. The motion was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk Nay: None Vote: 5-0-1 (Campbell absent) 6. ADOPTING THE MEETING AGENDA On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk Nay: None Vote: 5-0-1 (Campbell absent) 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Veterans Day Mayor Burk proclaimed the Veterans Day proclamation and presented it to VFW Post 1177 Commander Ray Delpesche. Commander Delpesche was accompanied by several members of Post 1177 and made a few remarks. b. National Native American Heritage Month Mayor Burk read a proclamation for National Native American Heritage Month and noted that the proclamation would be mailed to recipient Mr. Don Chapman. c. Friends of Loudoun Mental Health — Celebrating 65 Years of Serving Loudoun Mayor Burk read a proclamation in recognition of Friends of Loudoun Mental Health celebrating 65 years serving Loudoun County. Mayor Burk noted that the proclamation would be mailed to Mr. Rusty Foster and the Friends of Loudoun Mental Health Board of Directors. 21 Page COUNCIL MEETING November 10, 2020 d. Domestic Violence Awareness Month Mayor Burk read a proclamation for Domestic Violence Awareness Month. Mayor Burk stated that the proclamation would be mailed to Ms. Judy Hanley who is the Executive Director of the Loudoun Abused Women's Shelter (LAWS). e. Small Business Saturday Mayor Burk read a proclamation for Small Business Saturday and noted that the proclamation would be given to proclamation recipient Mr. Timo Winkel, owner of Defier Bistro. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS b. None. 11. PETITIONERS The Petitioners section was opened at 7:15 p.m. There were no members of the public wishing to speak. The Petitioners section was closed at 7:16 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2020-261 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: a. 2020 Tree Citv USA Application RESOLUTION2020-112 Authorize the Mayor or Her Designee of the Town of Leesburg to Sign the 2020 Tree City USA Application for the Arbor Day Foundation The Consent Agenda was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 5-0-1 (Campbell absent) 31 Page COUNCIL MEETING November 10, 2020 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Appointment to Board of Zoning Appeals MOTION 2020-262 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: RESOLUTION2020-113 Recommending Board of Zoning Appeals Appointee to the Circuit Court The motion was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 5-0-1 (Campbell absent) 14. PUBLIC HEARINGS a. TLSE-2019-0009 Loudoun County Public School Catoctin Elementary School Expansion The Public Hearing was called to order at 7:18 p.m. Mr. Chris Murphy reviewed the Special Exception application TLSE 2019- 0009 for the Catoctin Elementary School Expansion located at 311 Catoctin Circle SW. The application proposes the addition of a 6,000 square foot addition to the rear of the building on the south side of the school. That addition is being made to accommodate projected future capacity at Catoctin Elementary by adding three classrooms, a resource room, office space, and storage space. Other improvements include safety and security enhancements, enhancements to existing landscaping areas, and street trees along the front. Mr. Murphy discussed the concerns on the neighboring residents relating to stormwater runoff and old overgrown damaged trees causing harm to the neighbor's properties. He noted that these issues were not associated or exacerbated with the planned expansion but Loudoun County Public Schools agreed to delay the Planning Commission's review in order to have time to address them. Mr. Murphy noted that the improvements to correct the runoff and tree removal issues are included in the Special Exception Plat and are a guaranteed through the substantial conformance condition of approval in the draft resolution. Mr. Murphy reviewed staff's and the Planning Commission's recommendation for approval. Council and Mr. Murphy discussed the mitigation efforts by the County. They discussed some of the neighbors lingering concerns with the grading and the size of the berm; DCSM regulations regarding the slope of the berm; landscaping maintenance of the berm; and, that the Special Exception Plan will have to conform to all regulations that will successfully mitigate the water runoff in the area. Ms. Sara Howard -O'Brien, Land Management Supervisor for Loudoun County Public Schools Planning Services, spoke to Council as the applicant. Ms. 4IPage COUNCIL MEETING November 10, 2020 Howard -O'Brien noted that they exceeded the notification requirements. The County was only required to notify 33 residents and ultimately sent over 400 notices via first-class mail to the surrounding neighborhoods. Ms. Howard -O'Brien noted that a year ago they held a community information session but due to COVID they were unable to hold additional community meetings. She said they send update letters and worked with the neighbors to resolve any lingering issues that were identified at the Planning Commission Public Hearing. Council and Ms. Howard O'Brien discussed the timing of the removal of the trees on the property; the traffic impact from the 6,000 ft. expansion; no need for additional parking because there was sufficient parking already onsite; the projected future capacity of students at the school; pick-up and drop-off traffic especially with the high school down the street; different alternate pick-up and drop-off locations at the school; LCPS' Congestion Must Go program; and, promoting walking, biking and carpooling to school. Public Speakers: Doug Fultz, 509 Valley View Avenue. Spoke to Council about the cramped conditions at Catoctin Elementary School. He noted that they have a water issue that effectively makes his yard a swamp most of the summer months and fall months and added that he has been working with Ms. Howard -O -Brien to mitigate the issues. He also expressed concerns with the berm and the ability to maintain it. Mr. Fultz stated that the kiss -and -ride area is a hazard and suggested that perhaps the fire lane could be better utilized. He added that the traffic congestion in the area is also a problem. He does not believe the LCPS Congestion Must Go program is working very well. Mr. Fultz would like to see more Police presence in the morning and the afternoon because when they are present everyone behaves themselves. Tim Nichols, 507 Valley View Avenue. Spoke to Council as a long-term resident in the area. He said when the gymnasium was added it increased the water flow on his property. He commended Mr. Murphy and Ms. Howard -O'Brien on their efforts to help the residents mitigate these concerns. Mr. Nichols also expressed concerns for trees that need to be removed from the site. He told Council that one limb hit his house earlier this year damaging his home. Mr. Nichols also spoke about the berm and the need for a drain to be installed to keep the height of the berm as low as possible not only for aesthetics but for maintenance and water mitigation. Mr. Nichols noted that there are large tree stumps that are upending the retaining was and expressed a desire to have all of the foliage debris removed so that it doesn't rot and create a sinkhole in the berm to weaken it in the future. He added that if his concerns were addressed he was not opposed to what the County was recommending. Kirsten Shabanowitz, 124 Cedargrove Place. Spoke to Council as a parent of a Catoctin Elementary School student and as the former PTA president. She noted that two years ago when the expansion was being discussed that she and many parents and the PTA strongly advocated for an expansion to the oldest elementary 51 Page COUNCIL MEETING November 10, 2020 school in Leesburg. Ms. Shabanowitz described the crowded conditions where the teachers are utilizing every ounce of available space despite the limitations in a 54 - year old school. She asked Council to grant the expansion. Peter Fedders, 318 Maples Drive SW. Spoke to Council as the current PTA president at Catoctin Elementary School. Mr. Fedders stressed the need for the construction to take place in a timely manner as the construction is very much needed at the school. He noted that the security vestibule is vitally needed at the school to increase safety at the school's entrance and added that there's no direct line of sight from the office to the front entrance. He stated that the three classroom expansion will help alleviate issues that affect the students and teachers on a daily basis and that the construction includes office space, teachers' much -needed storage, and additional classrooms. Mr. Fedders said that the Catoctin community worked hard in 2018 and 2019 to encourage the LCPS School Board to approve the funds for this construction and encouraged Council to approve the construction. The public hearing was closed at 7:50 p.m. MOTION 2020-263 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: 1 move that special exception application TLSE 2019-0009 LCPS Catoctin Elementary School expansion be approved on the basis that the approved criteria of Zoning Ordinance section 3.4.1.2 have been satisfied and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice. RESOLUTION2020-114 Approving Special Exception TLSE-2019-0009 Loudoun County Public Schools Catoctin Elementary School Expansion to Allow the Expansion of a School, Public Use in the R-4 Single -Family Residential Zoning District Council Member Dunn asked if the County was working with the residents to mitigate their concerns with water runoff. Ms. Howard -O'Brien said the County will continue to work with the neighbors to keep them appraised of the process as they move through the site plan approval and that they will be working with Town staff to make sure that they build the stormwater management improvement to meet Town regulations. The motion was approved by the following vote: Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 5-0-1 (Campbell absent) 15. UNFINISHED BUSINESS a. None. 6IPage COUNCIL MEETING November 10, 2020 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Dunn reminded everyone about the importance of Veterans Day and remembering all of the Veterans and service members who are currently serving. Mr. Dunn said it was especially important for him in that this is the year his son received an Army ROTC scholarship and that he has already committed to four years of active duty service once out of college. Mr. Dunn said service members swear and protect the Constitution and that it is always there and doesn't change. Mr. Dunn said how the words of the Constitution are heard and administered generally stays about the same. Mr. Dunn said Veterans Day hits closer to home this year. Mr. Dunn thanked all our veterans who have served and those who continue to serve. Council Member Dunn requested an update on the Boundary Line Adjustment (BLA) at a future Council meeting. There was no consensus to add this item to a future meeting. Mr. Dunn expressed his disappointment that Council could not support his request to add this item and shared his comments on the revenue sharing agreement with the County and his concerns with giving up control in the JLMA. Council Member Fox extended best wishes to Council Member Campbell's wife who had emergency surgery earlier in the day. Ms. Fox noted that a friend of hers was involved in an accident on Route 7 west towards Purcellville just outside of Leesburg. She complimented the Leesburg Police Officer at the scene and said he was a calming presence. Ms. Fox said that her friend noted some issues with the 911 response that Ms. Fox intends to bring up separately for discussion. Ms. Fox also commented on a grotesque display of hate speech in Town and reminded everyone on the importance of treating one another with respect, kindness and tolerance and the need to do better moving forward. Vice Mayor Martinez congratulated Council Members -elect Bagdasarian, Cummings and Nacy on being elected to the Town Council and looked forward to working with each of them and the rest of Council. Mr. Martinez said that as veteran himself, he honors the veterans for everything they have done. He noted that his grandson is a Marine and is in his second enlistment. They recently received news that he has been diagnosed with cancer and will be undergoing surgery. Mr. Martinez asked that everyone's prayers be sent his way. Council Member Steinberg congratulated the new Council Members -elect Bagdasarian, Cummings and Nacy on their election to Town Council and to Mayor Burk for being reelected Mayor. Mr. Steinberg said he was looking forward to working with everyone in January. 7IPage COUNCIL MEETING November 10, 2020 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk thanked everyone for voting on or before November 3. Mayor Burk said to those who voted for her that she is honored and humbled to be their Mayor and for those that did not that she is honored and humbled to be their Mayor also. Mayor Burk congratulated Council Members -elect Bagdasarian, Cummings and Nacy in sharing her election victory. Mayor Burk noted she will work every day for Leesburg and that her door is open to anyone who has an idea, concern or just wants to talk 19. TOWN MANAGER COMMENTS Mr. Dentler noted that there are two free COVID testing sites planned by Loudoun County for Saturday, November 14, at Tuscarora High School and Simpson Middle School from 1:00 p.m. — 4:00 p.m. 20. CLOSED SESSION a. None. 21. ADJOURNMENT On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was adjourned at 8:04 p.m. Kelly Bllrlt/Mayor Town of Leesburg AI 1EST: Clerk of Council 2020 tcmin1110 81 Page November 10, 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.leesburova.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: This is December 10th, 2020, Town — Council Member Neil Steinberg: November. Mayor Burk: Oh, did I say December? I'm pushing things. November 10th, 2020 meeting of the Leesburg Town Council. If anyone in the room needs hearing assistance, please see the Clerk. I will be doing the invocation that will followed by Council Member Dunn leading us in the Pledge of Allegiance. Let me see where my papers are, okay. Tomorrow is Veterans Day. It is our responsibility as citizens to honor and respect our service members for the sacrifice they and their families make to us to preserve our freedom. It's a cliche to say that freedom is not free, but it's also true. It is our military that is protecting our freedom every day. As the daughter of a Navy vet and the wife of an Army vet and the sister of a Marine vet, I gladly honor those who have paid the price of freedom with their lives, for the risks that you take and the sacrifices you make, all members of our military and all branches, past and present, living and dead, please accept the thanks of this Town Council. Mr. Dunn. Please stand and join us for the Pledge of Allegiance. I pledge allegiance. Council Members: To the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. Mayor Burk: All right, I need a motion to allow Vice Mayor Martinez and Council— oops, no, Vice, you're here— to allow Council Member Dunn to electronically participate in the November 10th, 2020 Town Council meeting moved by Vice Mayor Martinez. Second? Council Member Neil Steinberg: Second. Mayor Burk: Seconded by Council Member Steinberg. All in favor, indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? That's four -zero -one. Eileen Boeing: Four -zero -two. Mayor Burk: Four -zero -two. Okay, there we go. Okay. Four -zero -two. All right. The work session minutes of October 26th, 2020. Do I have a motion? Vice Mayor Fernando "Marty" Martinez: So moved. Mayor Burk: So moved by Vice Mayor Martinez. Second? Council Member Steinberg: Second. Mayor Burk: By Council Member Steinberg. All in favor, indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? That would be five -zero -one. Regular session minutes of - Page 11 November 10, 2020 Vice Mayor Martinez: So moved. Mayor Burk: -October 22nd, moved by Vice Mayor Martinez. Council Member Steinberg: Second. Mayor Burk: Seconded by Council Member Steinberg. All in favor indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? Five -zero -one. Do I have a motion to adopt the meeting agenda? Vice Mayor Martinez: So moved. Mayor Burk: So moved by Vice Mayor Martinez. Council Member Steinberg: Second. Mayor Burk: Seconded by Council Member Steinberg. All in favor, indicate by saying aye. Council Members: Aye Mayor Burk: Opposed? Five -zero -one. I'm not hearing Mr. Dunn. Council Member Dunn: Aye. Mayor Burk: Okay. We do not have any certificate of recognition, but we do have some proclamations today. Actually, we have five of them. The Friends of Loudoun Mental Health, they are not here today, but we'll read into the record. The proclamation of Friends of Loudoun Mental Health celebrating 65 years of serving Loudoun. Whereas established in 1955, The Friends of Loudoun Mental Health, an all - volunteer Leesburg based non-profit organization celebrates 25 years of serving the Loudoun community in 2020. Whereas the Friends of Loudoun Mental Health help those disabled by mental illness to better their lives by providing assistance for living arrangements, advocating on their behalf for improved care and resources and promoting recovery and community awareness. Whereas, Friends of Loudoun Mental Health have been an invaluable lifeline to countless members of the community in the greatest time of need. Whereas the Friends of Loudoun Mental Health commit to educating the community about the causes and conditions of mental illness, and about the individuals in their families affected by mental illness, and about the social implications of community mental health. Whereas the mental health must always be defined as an attribute of a community's well-being, as a matter of social justice, and as a responsibility that members of a caring society pledged to each other. Whereas we recognize Rusty Foster, members of the Friends of Loudoun Mental Health Board of Directors to receive this proclamation. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg, Virginia recognize Friends of Loudoun Mental Health for acting as an advocate and educator and a service provider to our community for 65 years, and wish for continued success for their organization. Proclaimed this 10th day of November 2020, and this will be mailed to them. The next one is National Native American Heritage Month, November 2020. Whereas Native American Indian Heritage Month is celebrated every year to recognize the rich and diverse cultural traditions and history of the Native Americans and to acknowledge how Native Americans have helped shape the future of our nation to every turn of our history. Whereas Native American contributions are woven deeply into our nation's rich tapestry, and we honor and celebrate the first Americans in order to recognize their contributions and sacrifices. Whereas the national American Indian Heritage Month is an opportune time to educate the community about tribes, to raise general awareness about the unique challenges native people have faced, both historically and in the present and the ways in which tribal citizens have worked to overcome these Page 21 November 10, 2020 challenges. Excuse me, whereas the influence of Native Americans have enhanced the freedom, prosperity, and greatness of America today, and whereas we welcome Leesburg resident Don Chapman, a member of the Mohegan Tribe to receive this proclamation on behalf of the National American Indian Heritage Month. Therefore, the Mayor and the Town Council of Leesburg, Virginia do hereby proclaim November 2020 as national American Indian Heritage Month in the Town of Leesburg and urge the residents of Leesburg as well as all community organizations to team more about history, culture, contribution and achievements of the Native Americans throughout our nation, proclaim this 10th day of November 2020. Mr. Chapman could not be here today, but he asked these remarks to be included. "On behalf of my brothers and sisters across the Indian country in the great State of Virginia, we are eternally grateful for the recognition of Native Americans, our culture, and heritage by my hometown, the Town of Leesburg. My deepest sincerest thanks to Mayor Burk and the Town Council for their continued recognition of my people and our historic contribution to society. Respectfully, Don Chapman." The next one we have is for Domestic Violence Awareness Month, October 2020. Whereas in 1989, the United States Congress passed Public Law 101-112 designating October as the year of the National Domestic Violence Awareness Month, and such legislation is passed every year since with the National Coalition providing key leadership. Whereas domestic violence is a serious problem that occurs in all cultures and does not discriminate by age, gender, social class, ethnicity, or sexual orientation. Whereas domestic violence victims and domestic violence service providers, domestic violence first responders, and other individuals across the nation recognize October as National Domestic Violence Awareness Month. Whereas during the National Domestic Violence Awareness Month, the community will shine a fight on this violation of basic human rights to be free from violence and abuse, pledged to ensure every victim of domestic violence is not alone and foster support of communities that helps survivors seek justice and enjoy full and healthy lives. Whereas we recognize the Executive Director of LAWS, Judy Hanley, to accept the proclamation for National Domestic Violence Awareness Month. Therefore, proclaimed by the Mayor and the Council of the Town of Leesburg in Virginia that October 2020 is National Domestic Violence Awareness Month, and Council calls on all residents to speak out against domestic violence and to support local efforts to assist victims of these crimes and finding the help and healing they need. Proclaimed this 10th day of November 2020. That will go also to Judy, we will send that in the mail. We have Small Business Saturday. This Small Business Saturday, November 28th, 2020, whereas the Town of Leesburg celebrates our local small businesses and the contributions they make to our local economy and community. According to the United States Small Business Administration, there are 30 million small businesses in the United States. They represent 99.7 of all the firms with paid employees in the United States and were responsible for 64.9% of the net new jobs created from 2000 to 2018. Whereas small businesses employed 47% of the employees in the private sector in the United States, 62% of all US business reported that they need to see consumer spending returned to the pre-COVID levels by the end of 2020 in order to stay in business. 65% of the US Small business owners said it would be the most helpful to their businesses to have their regulars return and start making purchases again. Three-quarters of US consumers are currently looking for ways to shop small and support their communities. Whereas 96% of consumers who shop on Small Business Saturday agree that shopping at small independent owned businesses supports their commitment to making purchases to have a positive social, economic, and environmental impact. 97% of the consumers who shopped on Small Business Saturday agree that small businesses are essential to their community. Whereas 95% of the consumers who shop on Small Business Saturday report the day makes the want to shop or eat at small independent owned businesses all year long, not just during the holiday season. Whereas Leesburg supports all our local business that create jobs, boost our local economy, and preserves our communities. Whereas as advocacy groups as well as public and private organizations Page 31 November 10, 2020 across the County have endorsed Saturday after thanksgiving as Small Business Saturday. Whereas we recognize, Timo Winkel who is the owner of the Diner Bistro, which is a small business that has been located in Leesburg for over a decade. The Diner Bistro is known for their October celebration, their robust German beer selection and serving a Diner Turkish style food. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia proclaim November 28th, 2020 a Small Business Saturday and urged the residents of our community and the communities across the country to support small businesses and merchants on Small Business Saturday and throughout the year. Proclaimed this 10th day of November, 2020. The last one is for Veterans Day. This says, "Proclaim Veterans Day November 11th, 2020: Whereas on November 11th, 1918 World War I ended. Whereas in 1919, President Woodrow Wilson proclaimed November 11th as Armistice Day to honor and memorialize the more than 100,000 American Service Members killed in the war and sacrifices made by countless others. Whereas in the 101 years since the end of World War 1, the United States has been involved in many other military conflicts including World War II, the Korean War, the Vietnam War, the ongoing war on terror and the numerous small conflicts which have added millions of veterans living and dead to the honor roll of our nation. Whereas in 1938, the Congress designated Armistice Day as a national holiday, and then in 1954, re- designated November 11th as Veterans Day in order that a grateful nation may pay homage to the veterans of all its wars. Whereas the Town of Leesburg is proud to count many veterans among its citizens. Whereas Navy veteran, Ray Delpesche, is a current commander of VFW Post 1177 located in Leesburg, and we are honored and thank him for his service. Therefore, the Mayor and the Town Council of Leesburg, Virginia do hereby call upon all citizens of the Town of Leesburg to observe Wednesday, November 11th, 2020 as a day to solemnly remember the sacrifices of our veterans who selfishly served to ensure our nations' heritage of freedom, proclaimed this 10th day of November, 2020. Ray is here today. I'm going to go down and present this to him and his colleagues that are here with us today. Thank you, Ray, for joining us today. Is this on? Thank you very much for joining us today. We're very honored to have you and the other gentlemen that are here tonight. First, I want to thank you for your service and all that you've done for our freedoms that we are able to be here tonight. We're very honored that you're here to accept this proclamation. Would you like to say a few words on behalf of the VFW? Ray Delpesche: Yes. Thank you again for this opportunity. It's always a pleasure to be here and to be recognized along with my comrades of the VFW and to support all the veterans at Loudoun County. It's a great privilege and honor to accept this proclamation. I will continue to do my best to service the veterans of Loudoun County and the veterans of VFW Post 1177. Thank you. Mayor Burk: Thank you, and on behalf of the Town Council, we truly want to thank all of you- [inaudible 00:16:02] Thank you. [applause] Attendee: [inaudible 00:16:14] [laughter] Mayor Burk: Thank you. Thank you all. Thank you guys for coming. Thank you all, and thanks for the poppies. Ray Delpesche: Thank you very much, Madam Mayor. Mayor Burk: Thank you. All right. Do we have any presentations today? Excuse me. We had the proclamations. We don't have any presentations. Anyone have a regional commission report at this point? Nope. You, Mr. -- Vice Mayor Martinez: No. Page 41 November 10, 2020 Mayor Burk: Okay, your mic is on. All right, so that takes us to the petitioner section. Now, petitioner section is very important because it's 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 you summing up and yielding the floor when the bell indicates your time has expired. For those participating on phone, you will hear a bell when your time is up. Under the rules of order adopted by this Council, a five-minute time limit applies to all. Council was now able to hear from members of the public remotely. Once we've heard from anyone present in the room, we will hear from members of the public on the phone or the WebEx. We have nobody that is signed up to speak during the petitioners' section at this point. Do we have anybody that is online? Keith Markel: Madam Mayor, we don't have anyone participating online for the petitioner section. Mayor Burk: All right, we don't have anybody online. Is there anybody in the audience that didn't sign up that would like the opportunity to speak at this point? All right. In that case, then I will close the petitioner section and that moves us to approval of the consent agenda and we only have one item, which is a 12A, 2020 Tree City USA Application authorizing the Mayor or her designee of the Town of Leesburg to sign the 2020 Tree City USA Application for the Arbor Day Foundation. Do I have a motion to accept that? Vice Mayor Martinez. Second? Somebody's got to second. Council Member Steinberg: Second. Mayor Burk: Seconded by Council Member Steinberg. All in favor of this one item on the consent agenda, indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed — Council Member Steinberg: Aye. Mayor Burk: That is five -zero -one. Okay. The next one is a resolution. This is the Appointment to the Board of Zoning Appeals. It's the recommending the Board of Zoning Appeals Appointee to the Circuit Court. Do I have a motion? Council Member Steinberg: So moved. Mayor Burk: So moved by Council Member Steinberg. Second? Seconded by somebody? Vice Mayor Martinez: Second. Mayor Burk: Council Member Martinez. Council Member Dunn: Second. Mayor Burk: Is there any discussion? Anybody want to talk about this one? All in favor, indicate by saying aye. Council Members: Aye. Page 51 November 10, 2020 Mayor Burk: Opposed? That passes five -zero -one. Oh, we do have a public hearing tonight. All right, I called to order this November 10th, 2020 public hearing of the Leesburg Town Council, unless there's an objection, I will dispense with the reading of the advertisement. If you wish to speak, we ask that you either sign up on the sheet in the hallway, outside the Council Chamber, but if you did not get the opportunity to sign up, we will give you the opportunity to speak. We will also provide remote public participation for callers on phone or on the WebEx. In all cases, please identify yourself and if comfortable, give your address for the taped record. 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 in front of you will tum yellow at the end of four minutes, indicating that you have one minute remaining. At that time, we would appreciate you summing up and yielding the floor when the bell indicates your time has expired. For those participating on phone, you will hear a bell when your time has expired. Under the rules of order adopted by this Council, the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of a group, the Council will allow a spokesperson for the group a few extra minutes. In that instance, we would ask the speaker when they sign up to indicate their status as spokesperson, the group they represent, and their request for additional time. Our procedure for the public hearing is as follows. First, there's a brief presentation by staff about the item. Second, there is a brief presentation by the applicant. Third, members of the public will have that have signed up to speak will be called and given five minutes to make their comments. The public hearing item on the agenda tonight is TLSE-2019-09. Loudoun County Public School Catoctin Elementary School Expansion. Mr. Murphy, hello. Chris Murphy: Good evening, Madam Mayor, Members of Council. I am here to present the staff report for special exception application TLSE 2019-09, Catoctin Elementary School Expansion. Tonight, Council is being asked to render its decision to approve or deny said application sought by Loudoun County Public Schools. This application comes to Council with Planning Commission and staff's recommendation of approval. The Catoctin Elementary School at 311 Catoctin Circle Southwest sits on 17.53 acres Zoned R-4 single-family residential. I have no record of the size of the school when it first opened in 1966, but today the school measures 76,800 square feet in a one story building. Starting in early 1970s, Crestwood Hamlet and Prospect Hills residential neighborhoods surrounding the school began to be developed. New residential development has begun on the former Rogers property to the south and that's known as White Oak. The current application proposes the addition of 6,000 square foot addition to the rear of the building, and 111 circle here in the red pen. This is on the south side of the school. That addition is being made to accommodate projected future capacity at Catoctin by adding three classrooms, a resource room, office space, and storage space. Other improvements include safety and security enhancements, and enhancements to existing landscaping areas, street trees along the front. During the Planning Commission Public Hearing, neighbors in Crestwood Hamlet to the east side of the school raised issues of concem, excuse me, relating to stormwater runoff and old overgrown damaged trees causing harm on the neighbor's properties. Although these issues are not directly related to nor will be exacerbated by the planned expansion, Loudoun County Public Schools agreed to delay the Planning Commission's review and vote in order to have the time to address these issues with the neighbors. Those improvements to correct the runoff and tree removal issues are included on the special exception plat and are thereby guaranteed through the substantial conformance condition of approval in your draft resolution. The architecture and design of the planned expansion continues the existing one-story brick design of the school today, the location of his building edition is positioned 355 to 420 feet away from the nearest neighbors. Thus, it will have minimal to no visual impact on adjacent properties. Page 61 November 10, 2020 Pursuant the Zoning Ordinance Section 3.4.12. The Planning Commission and staff have found the application will not present adverse impacts on surrounding uses, is consistent with applicable Town plan goals and objectives relating to major institutional uses, complies with all applicable regulations of the R-4 District, and will allow the school to continue to serve the public necessity, convenience, general welfare, and good zoning practice. With that, I conclude my presentation with the slide offering suggested motions for Council's convenience. Again, staff and the Planning Commission recommend approval of this application. Thank you very much. Mayor Burk: Thank you. Does anyone have any questions on this item, Mr. Steinberg? Council Member Steinberg: I just want to be sure I understand. The neighbors were satisfied with the County's proposal, staff are satisfied with the stormwater runoff mitigation? Chris Murphy: We understand at the Planning Commission post public hearing, neighbors did come out and did praise Loudoun County Public Schools for the work that they did. They did express some concems with the grading and the size of the berm and whatnot, but in meetings and sidebar meetings after the meeting with engineers, it was explained to the neighbors that the design of the engineering right now is preliminary, so the ultimate heights of the berms and the slope of the berms is not finalized. However, under DCSM regulations, regardless of the height of the berms, the slope will not exceed a three to one, so the three -to -one slope can be mowed. The concems of the neighbors that the berm would be too high and too steep in order to mow and will become overgrown and problematic will be handled by the DCSM minimum regulations that say that it can't exceed a three -to -one slope. Final engineering is yet to still be done, but the conditions are in place that the ultimate development will be substantial conforming to the special exception plan. It will follow our regulations through our site plan process and meet all engineering standards from the Town. If something happens where the design is completely different from the special exception plat you have before you, then they would have to return in order to amend that special exception plat to jive with those designs. I think our engineers will tell you that they feel confident that the ultimate designs will be in substantial conformance with the special exception plat that you see. Council Member Steinberg: Okay, and then successfully mitigate the water runoff that are the neighbors' concems now? Chris Murphy: Right. Council Member Steinberg: Okay. All right. Thank you. Mayor Burk: Anyone else have any questions? All right, hearing none. Thank you, Mr. Murphy. Chris Murphy: You're welcome, ma'am. Mayor Burk: Ms. O'Brien? Sara Howard -O'Brien: Yes, good evening. For the record, my name is Sara Howard -O'Brien. Just very briefly, I want to state for the record that the notices were done in accord with the Town and State regulations. Further, it is the practice and policy of Loudoun County Public Schools that beyond the certified notice, we also notified the neighborhoods. There are about 33, to give you a comparison, about 33 notices that are required in terrns of the certified notices, we sent out over 400 notices, first class mail to the surrounding neighborhoods. In terms of outreach, when we first filed the application, we held a community information meeting back in, actually, November, almost a year ago now of '19. Unfortunately, COVID came along and we were no longer able to hold community meetings, but we did send out update letters to the neighborhood and held several meetings, as Mr. Murphy has cited in terms of working with the neighbors on the issues that were identified at the Planning Commission public hearing. Page 71 November 10, 2020 We are pleased to come before you with a recommendation from both the staff and the Council. We believe that we have addressed the neighbors' concems not only with stormwater, but with some tree issues, landscaping issues, as well as some onsite circulation for pedestrians. If you have any questions, I'm here, thank you very much. We'd appreciate your support. Mayor Burk: All right. Are there any questions for Ms. O'Brien? I do need to state that, this is my neighborhood and my kids went to Catoctin School and I've been in the school many times. I can tell you that it desperately needs to be expanded. That's for sure. There's no question about that. I mean, those poor kids are in the hallway, in the closets and everywhere besides the classroom because there's no more room. I appreciate the fact that you've worked with the neighbors, that you are willing to listen to them and try to solve whatever the issues were. I do appreciate that. Anybody else, Mr. Steinberg? Council Member Steinberg: Okay, 1'll go first. This is a minor point. I'm just curious. I noticed in the report, the two tree, you mentioned the trees. County determined that one tree is fine and can wait till spring, but one tree should come down immediately. It's just curiosity, why wouldn't I just go ahead and take both trees down right away? Sara Howard -O'Brien: The reason for that is an economic reason. It is very expensive to take down trees individually. When you put trees to be removed as a part of a construction contract, the price drops by more than half. That one tree was removed today, the tree that was determined that needed to be removed was removed. We did remove another tree, that's the reason this tree had to be removed actually, the tree beside it was removed earlier this year, and it was a community tree. They were dependent on each other. The neighbor pointed out to us that the tree had more of a lean. We sent someone back out and they determined that, yes, it should be removed, and it was actually removed today. Council Member Steinberg: Okay, so you're saying the other tree is simply part of the overall project? Sara Howard -O'Brien: It is, but there will be several other trees removed in order to build the stormwater management mechanism to improve that. We'll remove all those at one time. Council Member Steinberg: Okay. Thank you. Sara Howard -O'Brien: We anticipate doing that early next year Mayor Burk: Ms. Fox? Council Member Suzanne Fox: Yes, just one quick question. Thank you. I have the staff report in front of me and it mentions the impact of the traffic. Did the staff do the traffic study? Did the LCPS do the traffic study? Just wondering. Sara Howard -O'Brien: We did submit a traffic study as a part of our application which was reviewed by the Town staff. Council Member Fox: Okay, so LCPS did, how they come up with 17 road trips with 6,000 square feet of building. Sara Howard -O'Brien: Well, 6,000 square feet is a very small addition. The way it's focused is it's focused on the arrival and dismissal period. It's tied to the number of students that are associated with those classrooms. The classrooms, one of the classrooms is not increasing the capacity, isn't included in the capacity increase. We're really talking about 46 students overall. Council Member Fox: Okay, and then you said, it says here there is more parking, and do I get that right? Are you increasing the parking as well in the parking lots? Lets see. I'm taking a look here, existing whatever — Sara Howard -O'Brien: No, the parking still complies because there was a sufficient parking for the addition. Page 81 November 10, 2020 Council Member Fox: Okay, more capacity for vehicles on site. Maybe that's not parking, it's just flow? Sara Howard -O'Brien: It could be flow. Council Member Fox: Okay, I just wanted that clarification. Okay. Thank you. Sara Howard -O'Brien: Thank you. Mayor Burk: Anyone else? Have any question, Mr. Martinez? Vice Mayor Martinez: 743 students at Catoctin's quite a bit. Is this anticipated or is this already what they're at today? Sara Howard -O'Brien: I'm sorry, I didn't quite hear you. Mr. Martinez, could you repeat that? Vice Mayor Martinez: I said 743 students is quite a bit for an elementary school. 1 was just wondering, was that 743 today or is it anticipated? Sara Howard -O'Brien: Yes. It's anticipated, it's a projected growth. We anticipate that the three rooms that are being constructed are actually for the special programs that Mayor Burk refers to, we're having a difficult time finding a place to put those children, and so these classrooms will allow for that. No, we don't anticipate a much larger growth, and just so you know, our current elementary school design is about a thousand now. Vice Mayor Martinez: You were just mentioning three-story elementary. Boy. My other question about Catoctin is, I atso had grandchildren go to Catoctin, so I'm familiar with it. One of my biggest concerns, especially when you're adding students is the pickup and our drop-off and pickups, and how that impacts the traffic around there, especially with Loudoun County right down the street. Do you find that there's any way we can help mitigate that and keep our parents and students safe? Sara Howard -O'Brien: I'm so glad you asked that question. Actually, as a part— this came up at the Planning Commission public hearing, and we evaluated what we call the kiss -and -ride or kiss -and -drop, pickup aisles, and have implemented an onsite improvement to allow that to flow better. I think perhaps that graphic may have been provided as a part of the backup material. The other thing that we're doing as Loudoun County Public Schools is we have started the campaign called Congestion Must Go. We've been set back a little bit by COVID because everybody's calm right now, but - Mayor Burk: [laughs) Sara Howard -O'Brien: -we're a grand success. What can I say? But no, what we're doing is we're going into the schools, and we're working with the staff, and we're working with the communities, we're working with the surrounding neighborhoods and the HOAs. When it's safe to do so, we're promoting the walking, we're promoting riding bicycles, we're promoting carpooling, and we're promoting what's called the walking school bus, where there are parent designees that take a whole block of children and go. We've been out in full force at various schools throughout the County with this program. We are seeing some success in it. We meet with the parent -teacher organizations, we meet with student Councils in high school to brainstorm ways to decrease the amount of cars that are coming to our sites. We, unfortunately, are painfully aware of the traffic that is generated by our schools. We had to hit the pause button right now. Vice Mayor Martinez: What I was hoping that somewhere down the line, the solution would we find, we could find was to move the drop off to the outside and to the altemative west side of the school, I think it's West, and to be able to just drive straight through to the new development, and then make a right turn out. That way, you don't have to worry about left turns, and traffic, and all that. It'd just be a straight through with the right turnout. Page 91 November 10, 2020 Sara Howard -O'Brien: That's a great idea. Unfortunately, most neighborhoods aren't really excited about that kind of a cut -through design. We do have a pedestrian connection with the development to our [unintelligible 00:35:36] I'm not sure which direction it is, but we have that as a part of our proposal, and that, actually, they're going to build the connection when they build theft pedestrian system onsite, they'll create a gate at the fence and connect to our existing onsite trail, so they're backing and they can walk in. Where we can, we try to implement things that will help. The other thing is I will mention is that we've started a bike program so that we have taken donations of bikes and went to local businesses in Town, Maverick has helped us, and they take the bikes, and improve, and make sure that they're safe. Then, we find homes for those bikes in our schools where students might not be able to have a bike, were able to provide that as a part of this whole Congestion Must Go project. Vice Mayor Martinez: Now, you're not just talking Catoctin, you're talking about all our elementary schools? Sara Howard -O'Brien: Yes, I'm sorry. Can you — Vice Mayor Martinez: You're not just talking about Catoctin right now, but for — Sara Howard -O'Brien: Correct. I'm talking about— the Congestion Must Go is a district -wide program. Obviously, we can't take on every school all at once. We have some 90 schools, but we started our first year, and do our second year, and so we choose a number of schools based on our experience with where were seeing those that have a congestion and difficulties. Our newer schools tend to have What I want to say, the design is improved. Our older schools sometimes don't quite have all the parking that's needed on the side of the design and the circulation may not work as well as some of our new schools, but we look at all of them. Vice Mayor Martinez: It's likely Leesburg Elementary School did not have enough parking for bikes so that that really limited their ability to do that. My other concem is making sure we have safe bike trails to all the schools. Sara Howard -O'Brien: Absolutely. Vice Mayor Martinez: That's all I got. Thank you. Sara Howard -O'Brien: Thank you very much. Mayor Burk: Mr. Dunn, did you have any questions? Not completely done yet. Wait a minute. Council Member Dunn: No questions. Mayor Burk: No questions. Thank you. I do have to disclaim my neighbor is the crossing guard and I can tell you no car gets beyond her. Believe me. [chuckles] All right. Now it's time to hear from the public. We have two people that have signed up to speak. First one is Doug Fultz, will be followed by Tim Nichols. Doug Fultz: Good evening. My name is Doug Fultz. I live at 509 Valley View Avenue. We are just at the east of Catoctin Elementary. Mayor Burk: Would you spell your name, please? Doug Fultz: D -O -U -G F -U -L -T -Z. Mayor Burk: Thank you. Page 101 November 10, 2020 Doug Fultz: Initially, my son went to the Catoctin for two years for kindergarten to first grade. Given that we're right by the school, we walk. When the expansion came up, it was pretty important for us, given the condition of the school, as well as the cramped capacity of the school as it was. Being on the eastem side, we also have this water issue that effectively makes our yard swamps pretty much most of the summer months and fall months. We went to the meetings and get this addressed and worked with Sara who has been great to work with us on this. I also brought up the walking that she talked about, Mr. Martinez, and who's the other? There's one more. Yes, we have the water, the walking, and kiss & ride. The school district and Town engineers who really work with us to come up with an improvement to the plan. Our concems like Mr. Murphy said, are really simply rooted in how the implementation of the plan works out. So long as the school is able to contain them out easily, obviously, it means crews are going to get off the tractor in order to mow it. I'm concemed about the height of the berm because we're right there by the school. In fact, our gate opens up to the school, as part of the reason why we purchased the property by the schools is because we knew no one was going to be behind us, safe and have that for our use. For the kiss & ride, it's definitely a hazard. My wife was on the PTA for two years and the Congestion Must Go thing, it's good that they have a plan. While we were there, it doesn't seem to be quite panning out. The real concern that we've had, as far as the street congestion really is when we have Town Police up there, everything's fine. People behave themselves. My wife pushing a stroller up to bring my son to school has almost been hit a few times, we have people parking on the crosswalk, which makes it a hazard to walk around out onto the road. However, like I said, when Town Police is there, everyone behaves, everything's fine. TheyII write a few citations maybe because they don't exactly like to write citations for whatever reason; if you're breaking the traffic law, you're breaking the traffic law in all honesty. They stopped bringing citations, they stopped being visible. They go away. The problem comes back. Part of when I brought this up about the expansion was I was asking for an improvement to the kiss & ride, whether that meant utilizing the fire lane that runs around the school to use there for the kiss & ride. We're expanding that fire lane and that doesn't seem to be included in this, which hopefully the next time. Piggybacking on that, if we can get Town Council to ask for the Leesburg Police Department to have a better presence. It's disheartening that we can see that there's a Police presence at some of the larger churches nearby over by the Leesburg Airport every Sunday like clockwork, but we can't have Leesburg Police come to Catoctin Elementary for 45 minutes in the morning and 45 minutes in the evening. I don't know what whether the church is reimbursing the Police Department for that service or what have you. As a resident, it's disheartening to see that we can provide multiple Police vehicles every week but we can't provide one Police vehicle, Police presence twice a day for a total of an hour over the course of the day. I want to thank the Planning Commission for all the work that they've done and the concern and the effort that they've put into this, as well as Mr. Murphy, Sara, as well as Town engineers. We're understanding that this is the initial planning, the usual concepts but it really comes down to what the final engineering is going to be. As long as I'm making my voice heard here at Town Council, as well as the Planning Commissions, we'll continue to monitor that and raise any concerns that we might have. I rest here. I yield my time. Thank you. Mayor Burk: Thank you, Mr. Fultz. Mr. Nichols? Tim Nichols: How are you folks doing this evening? My name is Tim Nichols. I live at 507 Valley View Avenue. My name is spelled T -I -M N -I -C -H -O -L -S. I would also like to echo Mr. Fultz's sentiments on just my commendation for what Mr. O'Brien and Mr. Murphy have accomplished in their planning process, in terms of the berm and mitigating the problem. My family has owned this property since 1989. We've lived in this house and I purchased it from my father. We've lived there for some time. Page 111 November 10, 2020 We have seen the progression of life at the school. We've seen the addition of the gymnasium, which increased the water flow on our property, almost double every year. When the microburst storm started coming in, I've video recorded two of them this year, flooding our property, the retaining wall that we have in the backyard. Ms. Murphy has gone above and beyond to make sure that the trees were mitigated. One of them, a large limb that was wider than my foot, as long, fell out of the tree earlier this year, hit the house. We just had the roof loaded today with shingles to have the roof repaired through the insurance claim. As well as the other tree, the secondary tree that was damaged in the process of removing the first tree plus they were together in some senses, was removed today and which has taken a large burden off of my mind because in that windstorm we had the other day, I just watched the thing. Literally, it looks like it was getting ready to hit the house. It would've hit Mr. Fultz's house as well if it had gone over. I'm very gracious and grateful for what they've done there, not to mention that's all cleaned up and gone, which with the first tree that didn't quite happen that way. I'm very grateful for all of that. My main concern with the repairs. Again, as we've seen the progression of things over 30 -some odd years of living in this property, the screening and stuff has taken over for harborage for animals. I understand that when the new berm goes in, I've requested that there be no foliage behind my property whatsoever because I have enough trees out front that it's never-ending, and not to mention the neighbor's tree. My main concern was that the berm that is projected behind my property was to be spoken to be 4 to 5 foot tall. My yard is about 2 to 3 feet lower than the school property is currently, where that berm is supposed to start. My main concern was that I don't lose, in the interest of, I have no foliage, but yet I have a mountain of dirt behind my house. As Mr. Murphy has said, a 3:1 ratio is maintainable. That's my main concern, not to mention my request was at the Planning Commission. How low can we go with the drain that's supposed to be out in the school before we start building the berm up? That's the main concern. Can we keep it at the lowest point that we can get it so the berm can stay as low? Otherwise, what's the point of planting grass back there if you're seeing a mountain of dirt out your back window. I have a large bay window and a large picture door, window door that's right next to that and my office faces that school. I literally am sitting at my computer screen all day long, looking out that back window so it will affect my view of sorts. My main concem would be that it's kept within margin. I understand that there's certain things that have to go in the play here. They were taking into account the 100 -year storm overtopping the berm. Currently, all the water makes its way onto my property. I don't care in the fact of event that a 100 -year storm, overtops the berm, even a 50 -year storm, even a 20 -year storm. I'm concerned about the five to six storms a year that pour onto my property being mitigated on that side. As long as the berm is low enough that it's aesthetically pleasing and still maintainable, that was my main concem due to the final site plan reflecting what their recommendation was. Again, once all that stuffs taken out, I know they're going to be in there with front-end loaders tearing everything up. There's also two huge large stumps that go well into my property. My retaining wall has been upended because of the roots from the one tree that was cut down earlier this year. My desire's that that foliage debris be removed so that it doesn't rot and create a sinkhole in the berm to weaken that in the future. As long as those two concems of mine are mitigated in this process, I don't have any issue with what they've recommended. (crosstalk] Mayor Burk: Thank you, Mr. Nichols. Appreciate it. Tim Nichols: Thank you. Mayor Burk: All right. Is there anybody else in the audience that would like to speak that didn't sign up? All right, no one else has spoken. Is there anybody in the Webex? Keith Markel: Madam Mayor, we have two members of the public that have joined this evening for the public hearing. Callers, I'm going to unmute you one by one and allow you to speak; when you're Page 121 November 10, 2020 unmuted, you will hear a tone and that will be your sign to make your remarks. You will have five minutes each. I'm going to start with Ms. Shabanowitz. As soon as you hear the tone, please state and spell your name for the record and for closed captioning. I am unmuting you now. Kirsten Shabanowitz: Good evening. My name is Kirsten Shabanowitz. I live at 124 Cedargrove Place Southwest. K -I -R -S -T -E -N S -H -A -B -A -N -O -W -I -T -Z for the record. Thank you so much for the opportunity to speak tonight. I'm a parent of a Catoctin Elementary School student and the former PTA president of Catoctin. Two years ago when Loudoun County Public Schools was preparing to adopt the 2020 to 2025 capital improvement plan, many parents including myself and the PTA strongly advocated for an expansion to the oldest elementary school in Leesburg. In a normal school year, teachers at Catoctin are utilizing every ounce of available space to provide the best educational experience possible to area Leesburg students given the abundant limitations of our aging school. As Mayor Burk pointed out, we have no extra closets to store chairs or additional classroom materials. We have 27 students in our kindergarten classes, we have no extra rooms to convert to make our spaces, student lounge, or even a faculty lounge as other elementary schools in Leesburg do. Our students cannot share in these enhanced educational experiences due to an extreme lack of space. While we know this expansion will not rectify every concem that accompanies a 54 -year -old school, I feel this is a step in the right direction in acknowledging that disproportionate learning environment at Catoctin compared to other schools in Leesburg. It is a solution that can be adopted in the foreseeable future to provide relief to an already over -utilized facility. In a report written by the Harvard School of Public Health, it is stated that "By the time a student graduates high school, they will have spent 15,000 hours in school, which is the second-largest indoor exposure time after their home." It is imperative that we strive as a community to provide the best environment we can to our children. Investing in school buildings is an investment in our collective future. I ask that your decision regarding the approval of this expansion be timely and granted this evening. Thank you so much for your time. Mayor Burk: Thank you, Ms. Shabanowitz. Do you have another speaker? Call Moderator: I do. 1'11 un-mute here, Mr. Fetters. Your five minutes begins right now. Peter Fedders: Thank you Mayor and Town Council for the opportunity to speak tonight. My name is Peter Fetters. P -E -T -E -R F- as in Frank E -D -D -E -R -S. I'm the current PTA president at Catoctin Elementary School. I live at 318 Nickels Drive Southwest. I appreciate everyone's work on addressing the issues from our neighbors near Catoctin, but I do want to also stress the need for the construction to take place in a timely manner. As the Mayor said, this construction is very much needed at the school. The security vestibule, in particular, is vitally needed at the school to increase safety at the school's entrance. I know there's no direct line of sight from the office to the front entrance. The security vestibule will increase the building safety for our students and teachers at Catoctin. As many of you know, Catoctin has a very unique layout which presents unique challenges, the three classroom expansion will help alleviate issues that affect our students and teachers on a daily basis at the school. The construction includes office space, teachers' much -needed storage, and additional classroom. Catoctin community worked hard in 2018 and 2019 to encourage LCPS school board to approve the funds for this construction. We encourage the Town to approve the construction in a timely manner. Thank you for the opportunity to speak tonight. Mayor Burk: Thank you, Mr. Fedders, Is there anyone else? Keith Markel: That's all our speakers this evening. Mayor Burk: All right, then I will at this point close the public hearing. Are there any additional questions from Council? At this point, does anybody have a motion? Page 131 November 10, 2020 Vice Mayor Martinez: [inaudible] I move that special exception application TLSE 2019-0009 LCPS Catoctin Elementary School expansion be approved on the basis that the approved criteria of Zoning Ordinance section 3.4.1.2 have been satisfied and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice. Mayor Burk: Second? Okay, that was moved by. Mr. Martinez- Sorry, I'm looking for my agenda. Moved by Mr. Martinez seconded by Council Member Fox. Council Member Dunn: Madam Mayor. Mayor Burk: Yes, Mr. Dunn, you have three minutes. Council Member Dunn: A quick question. Forgive me, I could not hear the gentleman who spoke earlier about the some concerns he had with the improvements and the building that's going on in the proximity to his home. I would ask the applicant, are there any additional measures we can take either the Town directing or really the applicant doing to mitigate some of the concerns of your neighbor? Mayor Burk: Can either of you answer that question? I think you were talking about that you're mitigating them, but can you repeat what you said? One of you previously. Sara Howard -O'Brien: Certainly. I'm Sara Howard -O'Brien for the record. In terms of mitigating concerns of the neighbors. Yes, we will continue to work them with the neighbors to keep them appraised of the process as we move through site plan, and we will be working with Town staff to make sure that we build the stormwater management improvement to meet Town regulations. Things like the stumps that are in the ground all those kinds of things are going to be reviewed by the engineers. They ultimately approve the site plan. Yes, I know we will continue to work with them and address their concerns. Thank you. Mayor Burk: Thank you. Council Member Dunn: Thank you. Yes, that sound like the biggest concern was and it's always an issue that water runoff, water is going to go where water is going to go. It seems like the best -laid plans of mice and men don't always seem to be able to control it. Hopefully, as you're working with the gentleman who spoke and any other neighbors in the area that especially with water runoff and potential- I don't know if there's flooding going on, but if there is that those are really at the top of the list for you look into to make sure these your neighbors are taken care of. That's all I have. Thank you very much. Mayor Burk: Thank you. All right, we have a motion made by Mr. Martinez, seconded by Council Member Fox. All in favor indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? That's 5-0-1. You got your marching orders, and you know that the Town Council is concemed about the neighbors. You'll continue to work with them. Thank you, Ms. O'Brien. That takes us to Council Member's disclosures and comments. Mr. Dunn. Mr. Dunn, are you still there? Council Member Dunn: Oh, I'm still here. You caught me stepping only just a second. I stepped two steps away from the table. Yes, I just wanted to again remind us all about Veterans Day and the importance of remembering all of our Veterans and those service members who are currently serving. It's especially important for me today in that this is the year my son received a ROTC Army scholarship and he's already committing four years of active duty once he gets out of college. Especially in the times that we have going on in our nation where there's a lot of divide, it's important that we remember that our service members are not serving the nation. The nation is made up of people, and we are people that can be divided. The service members swear and protect the Constitution. The Constitution is always there. It doesn't change. The words are there. How we hear them and administer them generally stays about the same. He wanted to do this, but I Page 141 November 10, 2020 feel like I [inaudible 00:57:43] bring him to the country and the country to be able to live up to him and the standards that he has moving forward. It does hit home a little bit more this year with that, keeping that in mind as he advances through his career. Again, thank you to our veterans who have served and those who continue to serve. I did want to ask for one addition to future meetings and that is to request an update at our next meeting for the BLA, that's going on with the County. Mayor Burk: Are there four people that are interested in an update on the BLA progress at this point? Ms. Fox and Mr. Dunn. Council Member Dunn: Yes. Mayor Burk: It does not pass. Sorry, Mr. Dunn. Council Member Dunn: It's getting very disappointing that this was the sixth time that- and very recently, that Council has been asking for an update on the BLA. I'm not sure why certain Council Members continue to not vote for wanting to be informed about the BLA. The only thing I can really think of is that the fact that really we're getting to the point where this isn't even a BLA anymore. It's really just a potential revenue share, where the County is holding all the cards. I think that it'll sell better to the public when we finally decide to actually go upfront in -person and disclose to the public, that we can go to them however small the money ends up being in the end, because it actually keeps getting less and less every time the County conies back to us. Our ability to control our future gets less and less as the County keeps coming back to us. There really is no legal action that the Town ever intends to take against the County. Our negotiations in this have been basically agreeing with whatever the County puts forward because were pretty much just looking at the money. The revenue share is in the County's hands. The only reason I can think of that Council Members don't want to actually disclose to the public what we're doing to progress to this point is we can just show them, "Hey, as little money as it is, we got this for the Town." The unfortunate thing, though, is it seems like no matter how much the money ends up being, and we've gone down from what I know, about 52 to really $3.5 million from where we started as a potential revenue share. It may end up going less, who knows, again, because I can't get an update from the rest of the Council Members directing staff to provide Council with that. The unfortunate part about this is that however much money that County ends up getting, Town staff has determined that only a small fraction of that money will actually go to the public as a possible tax rate reduction. The rest of it, I guess, will just go to increase the size of the Town govemment, which is unfortunate because the Town citizens could be seeking or could be receiving as much as 5 C to 6 C or even 7 C tax rate deduction, based on what we know as the revenue today. In doing all this, we also are giving up so much control of our JLMA. There really is going to be no boundary line adjustment. Nobody's signing on to come into the Town. The County is dictating who's going to be even coming into Town and who isn't as far as our business partners. They want to maintain control over multiple water options in that area that takes away Leesburg's ability possibility to be in full control. Even if is they were right and who's [inaudible 01:01:46] potentially [unintelligible 01:01:48] It really needs to be something we come forward with [crosstalk]. Mayor Burk: Thank you, Mr. Dunn. Council Member Dunn: Thank you Mayor Burk: Ms. Fox. Page 151 November 10, 2020 Council Member Fox: A few things. I want to extend my best wishes to Council Member Campbell's wife, she had an emergency surgery today. That's probably why he's not with us. Another thing is, I had a really good friend on Saturday involved in a collision on Route 7 West, going west toward Purcellville, just right outside of Leesburg. She couldn't say enough about our Leesburg Police Department response to that. She showed me some things and did have some issues with some 911 responses. That's probably something we might want to look into as we go forward with 911 as well, but she wanted me to forward that publicly to our Policemen. She did not get his name, but he was very, very calming to her. I did want to say one quick thing about a display of free speech that we have seen this week, I doubt if any laws were broken but 1 was very disappointed to hear and see a pretty much grotesque display of hate speech again in our Town. This is not the first time, we've had some flyers around our Town before. Every time I see something like this, I'm reminded how important it is to treat one another with respect and kindness and tolerance. I really do hope we can go and do better going forward. Thanks. Mayor Burk: Thank you, Mr. Martinez. Vice Mayor Martinez: I want to say congratulations to the new Council Members we got elected. I'm really looking forward to work with Ara Bagdasarian, Zach Cummings, and Kari Nacy. Congratulations. I look forward to working with you all and the rest of this Council. I also want to say for the veterans out there, that being a veteran, that I really honor what you've done. I have a grandson that's a Marine. He's in a second enlistment. We got some bad news about him. He has cancer, and he's going to be doing surgery next month. I just asked that if you have any prayers, extra ones, please send them his way. Thank you. Mayor Burk: Thank you. Mr. Steinberg? Council Member Steinberg: I have no disclosures. I would like to echo Vice Mayor Martinez. Congratulations on our Council Members -elect and to our Mayor who also was reelected. I'm looking forward to serving with everybody come January. Thank you. Mayor Burk: All right. I would like to thank everyone that came out to vote on or before November 3rd. What a great country we live in, where the citizens have the privilege and the responsibility to cast votes for people that they want to serve. To the over 16,732 people that voted for my reelection as Mayor, thank you. I'm honored and humbled to be your Mayor. To the others who chose to vote otherwise, I'm honored and humbled to be your Mayor too. I will work every day to represent Leesburg. It's a wonderful place to call home, a terrific place to work or own a business, and a welcoming place to come play. My door is literally open to anyone who has an idea, a concern or just wants to talk. I'm excited to continue to work with a fantastic staff here in Leesburg. I'm very excited to share my election victory with Ara Bagdasarian, Zach Cummings, and Kari Nacy. We're set to move forward and make this Town rock. We'II have some significant challenges ahead, but with the help of Vice Mayor Martinez and Council Member Fox and Council Member Steinberg and the new members, we're up for the challenge. Thank you again, everyone, for all your kind wishes and your generous support. On to 2021. Thank you very much. Town Manager, do you have any reports? Kaj Dentler: Just one report for you that this Saturday, from 1:00 to 4:00 there are two free COVID testing operations going on. One at Tuscarora High School and one at Simpson Middle School, free, open to the public. You'd asked about such opportunities and the County is making those happen. Mayor Burk: Great. All right. Is there a motion to adjoum? Vice Mayor Martinez: So moved. Mayor Burk: Moved by Mr. Martinez. Seconded by Council Member Steinberg. All in favor indicate by saying aye. Page 161 November 10, 2020 Council Members: Aye. Mayor Burk: Opposed? 5-0-1. Thank you Page 171 November 10, 2020