HomeMy Public PortalAbout2020_tcmin1208COUNCIL MEETING December 8, 2020
Council Chamber, 25 West Market Street, 7:05 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, Town Attorney Christopher Spera, Deputy
Town Manager Keith Markel, Finance and Administrative Services Director Clark Case,
Director of Public Works Renee LaFollette, Director of Utilities Amy Wyks, Director of
Information Technology Jakub Jedrzejczak, Zoning Administrator Michael Watkins,
Capital Projects Senior Engineer Anne Geiger, Preservation Planner Lauren Murphy and
Executive Associate Corina Alvarez.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Mayor Burk.
3. SALUTE TO THE FLAG was led by Council Member Steinberg.
4. ROLL CALL
a. Remote Participation
Vice Mayor Martinez and Council Member Dunn requested to electronically
participate in the December 8, 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 2020-277
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 December 8, 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, Dunn abstain)
5. MINUTES
a. Work Session Minutes of November 23, 2020
MOTION 2020-278
On a motion by Council Member Steinberg, seconded by Council Member Campbell,
the minutes of the Work Session of November 23, 2020, were moved for approval.
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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 November 24, 2020
MOTION 2020-279
On a motion by Council Member Steinberg, seconded by Council Member Campbell,
the minutes of the Regular Session of November 24, 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
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: 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 the Electoral Board
Mayor Burk read a proclamation recognizing the Electoral Board for their
work on the recent election and noted that the proclamation would be mailed to
Loudoun County General Registrar Judy Brown to share with her staff.
b. Recognition of Leesburg Police Citizens Support Team
Mayor Burk read a proclamation recognizing the Leesburg Police Citizens
Support Team for furthering the Leesburg Police Department's community
policing goals and noted that the proclamation would be mailed to them.
c. Recognition of Public Service of Town Employees Retiring in the Year 2020
Mayor Burk read a proclamation recognizing Public Service of Town
Employees Retiring in the Year 2020. Retirees include: Roger Hall, Utilities (31
years of service); Scott Lincoln, Public Works (31 years of service); Lisa Smith,
Finance and Administrative Services (31 years of service); Melvin Doster, Parks
and Recreation (30 years of service); Mike Buracker, Police Department (29
years of service); Steven Pebler, Police Depailuient (29 years of service);
Matthew Bennett, Police Department (24 years of service); Sherry Bodine,
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Police Department (21 years of service); Brenda Norton, Clerk of Council's
Office (20 years of service); Mirsad Gusinac, Parks and Recreation (19 years of
service); Cary Stephens, Public Works (18 years of service); Michelle Parker,
Finance and Administrative Services (15 years of service); and, Yordan
Shishkov, Parks and Recreation (13 years of service). Mayor Burk noted that a
proclamation would be mailed to each recipient.
9. PRESENTATIONS
a. Annual Report — Technology and Communications Commission
Technology and Communications Commission Chair Peter Hill gave the
Commission's Annual Commission report to Council. Mr. Hill gave an overview of
the Commission's involvement with the following IT initiatives: Police Department
support of call handling equipment and CAD / RMS; Internet Service Provider and
security; colocation of the Town's servers / systems relocation to professional data
center; COVID IT response and use of CARES Act funds; IT budget priorities
including new initiatives such as 0365, IT Business Analysis; IT Operations - Cloud
direction on 0365, Laserfiche, Phone System, GIS Services, Verizon Franchise
Agreement, Reviewed Memo of Understanding, Cybersecurity and LMIS. Council
thanked Mr. Hill and the Commission for their contributions. Council also noted
that their professional input on these item has saved the Town a lot of money and
the advantages of using data severs is that the Town does not have to pay for
disaster preparedness as the external data servers have built-in redundancies.
b. Fiscal Year 2020 Comprehensive Annual Financial Report
Ms. Ann Genova with BrownEdwards and Finance and Administrative Services
Director Clark Case presented Council with the 2020 Comprehensive Annual
Financial Review (CAFR). Ms. Genova shared how they assist with the
preparation of the Town's financial statements. Ms. Genova noted that the CAFR
is more than financial statements in that it includes a letter of transmittal and a
statistical section, and the Town files a CAFR with the Government Finance
Officers Association (GFAO) for their Certificate of Achievement for Excellence in
Financial Reporting. Ms. Genova noted that the Town received that Certificate for
the fiscal year 2019. She added that her firm issues an opinion on the financial
statement and was pleased to report that they issued an unmodified opinion which
is the best opinion a locality can receive. Ms. Genova also advised Council that her
firm's role also included issuing a report on internal controls and while they do not
express an opinion, they do describe certain deficiencies and recommend ways to
improve internal controls; issuing a report on the Town compliance with the
requirements related to Federal award programs where they had no findings related
to Federal award programs; and a financial analysis report which provides a high
level summary of financial information in a comparative graphic form. Ms. Genova
reviewed the graphs with Council. Council, Mr. Case and Ms. Genova discussed
the Government Financial Accounting Standards Board (GASB) and if they were
used to help evaluate the Town's situation as a result of COVID; the GFOA's
guidance the Town uses; what material correctness means in the auditor's report;
how the auditors assist the Town if there are any errors on the financial statement;
what level of unassigned balance needs to be maintained to keep the Town's triple -
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A bond rating; Council's policy regarding the level of the unassigned fund balance;
and, utility revenue trends versus expenses. Mr. Case thanked the Finance team for
their efforts to support the audit.
c. Service Plaque for Council Members Ron Campbell and Tom Dunn
Mayor Burk presented Council Member Campbell and Council Member Dunn
with service plaques for their service on the Town Council. Council Member Fox
made a few remarks.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioners section was opened at 7:51 p.m.
Gabriela Santos, 301 Riding Trail Court. Spoke to Council in support of the Town
of Leesburg creating a civilian Police Oversight Board and requested Council to create one.
The Petitioners section was closed at 7:55 p.m.
12. APPROVAL OF THE CONSENT AGENDA
Council Member Steinberg requested item 12.e. — Utility Easement Encroachment
Agreement with Loudoun County and DC Sports Facilities Entertainment, LLC, be
removed for discussion. Prior to the vote, Council Member Fox received clarification from
Ms. Renee LaFollette on Item 12.d. — Requesting the Virginia Department of
Transportation to Accept Certain Streets. Ms. LaFollette explained that these were new
streets being added to the VDOT urban road network that the Town would maintain with
maintenance funds from VDOT.
MOTION 2020-280
On a motion by Council Member Fox, seconded by Council Member Steinberg, the following
consent agenda was proposed:
a. Wirt Street Waterline Improvements
RESOLUTION 2020-118
Awarding the Construction Contract for the Wirt Street Waterline
Replacement
b. Supplemental Appropriation of Virginia Risk Sharin
RESOLUTION 2020-119
Amending the Fiscal Year 2021 General Fund Operating Budget and Making
a Supplemental Appropriation in the Amount of $46,989.02 received from
Insurance Payments from Virginia Risk Sharing Association (VRSA) for the
Repair of Town Traffic Signal Equipment
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c. Veterans Park at Balls BluffProject
RESOLUTION2020-120
Awarding a Design Contract for the Veterans Park at Balls Bluff Project to
Alpha Corporation for a Not to Exceed Amount of $376,923.22
d. Requesting the Virginia Department of Transportation to Accept Certain
Streets
RESOLUTION 2020-121
Requesting the Virginia Department of Transportation to Accept Certain
Streets
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
e. Utility Easement Encroachment Agreement with Loudoun County
and DC Sports Facilities Entertainment, LLC
Utilities Director Amy Wyks answered questions as to how it was
possible that power lines could encroach on the Town's water lines. Ms.
Wyks explained that the electric utility lines were not shown on the plans the
Town reviewed. She gave an overview of proposed encroachment
agreement with Loudoun County that identifies the County's responsibility
to uncover and cover the Town's water lines at their expense whenever work
is performed on the Town's utility lines.
MOTION2020-281
On a motion by Council Member Steinberg, seconded by Council Member
Campbell, the following was proposed.:
RESOLUTION2020-122
Authorization to Enter into Utility Easement Encroachment Agreement with
Loudoun County and DC Sports Facilities Entertainment, LLC
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor
Burk
Nay: None
Vote: 6-0
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13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Public Art Exhibit by Toni Plazibat
MOTION2020-282
On a motion by Council Member Fox, seconded by Council Member Steinberg, the
following was proposed:
RESOLUTION 2020-123
Approval of a Public Art Exhibit at Town Hall by Toni Plazibat
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
14. PUBLIC HEARINGS
a. TLOA-2020-0008 Vending Kiosk Zoning Text Amendment
The public hearing was opened at 8:02 p.m.
Michael Watkins gave a presentation on the proposed Zoning Ordinance text
amendment for vending kiosks. Mr. Watkins noted that after Council previously
reviewed the item, it was remanded back to the Planning Commission to review
three questions: should there be a maximum number of vending kiosks; should
there be a minimum amount of existing building square footage; and, where should
kiosks be located? Mr. Watkins reviewed the Planning Commission's
recommendation for a maximum of five vending kiosks per site; the site has an
existing development that includes 500,000 square feet; and, vending kiosks should
be prohibited from parking facilities. Mr. Watkins advised Council that the
Planning Commission added two additional recommendations: vending kiosks be
no taller than 10 feet in height; and, signage be limited to 9 square feet.
Council and Mr. Watkins discussed the existing square footage of the Outlet
Mall; the number of kiosks that would be allowed with new development; how
many kiosks currently exist at the Outlet Mall; if a special exception is the best way
to handle additional kiosks above the established number; why the Planning
Commission recommended the sign height to be nine feet versus 12 feet;
grandfathering existing kiosks; the number of kiosks the Outlet Mall would be
seeking with its rezoning application in January; costs associated with a special
exception; potential ratio of building square footage to the number of kiosks
allowed; if staff was aware of any ADA or Fire Marshal issues that would limit the
number of kiosks; kiosks not being allowed in parking lots; and, that the Outlet Mall
owner would have to remove three kiosks if only five were permitted. Mr. Watkins
reviewed the 11 proposed performance standards in the draft ordinance: total
number allowed; size; prohibition of their location, so not in parking facilities;
maintain a pedestrian path of six feet around the kiosk; kiosk only operates during
normal business hours; cannot be connected to public water and sewer; they obtain
necessary Health Department permits; have the written consent of the shopping
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center management or property owner; zoning permit shall include a scale drawing
of their location; kiosk's permitted signage no greater than nine square feet; and,
that they not include additional light or sound amplification.
Public speakers:
John Dionis. Spoke to Council as a representative of the Outlet Mall. Mr.
Dionis asked if Council approved the text amendment if it would give them
approval for a certain number of kiosks. Mr. Watkins advised it was a parallel
process that was separate from the action at the current meeting. Mr. Dionis
explained that they will be returning in January with a rezoning application for the
Outlet Mall that will include a request for 10 kiosks. He intends to show Council at
that time that 10 kiosks will not overwhelm the center. Mr. Dionis explained the
benefits of having kiosks at the Outlet Mall.
The public hearing was closed at 8:27 p.m.
Council discussed the Planning Commission's recommendation for future
development; the text amendment affects properties with 500,000 square foot or
more; and, consideration of allowing a certain number of kiosks per 25,000 or
50,000 square feet with a maximum number allowed.
MOTION
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the
following was proposed:
Approval of the proposed Zoning Ordinance Amendment TLOA-2020-0008 with the
following amendments based on the findings that the amendments further the
objectives of the Town Plan and that the proposal would serve the public necessity,
convenience, gender welfare, and good zoning practice.
ORDINANCE
Amending the Town of Leesburg Zoning Ordinance Articles 9 and 18 to Add Use
Standards for Kiosks
Vice Mayor Martinez asked for a friendly amendment to add if the applicant
wants more than five kiosks that they can be requested through the special exception
process. Mr. Steinberg accepted the amendment. The modified motion is as
follows:
MOTION
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the
following was proposed:
Approval of the proposed Zoning Ordinance Amendment TLOA-2020-0008 with the
following amendments to allow requests greater than five kiosks be allowed by special
exception and based on the findings that the amendments further the objectives of the
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Town Plan and that the proposal would serve the public necessity, convenience, gender
welfare, and good zoning practice.
ORDINANCE
Amending the Town of Leesburg Zoning Ordinance Articles 9 and 18 to Add Use
Standards for Kiosks with the proposed amendment to allow for requests greater than
five to be through special exception
Council discussed the fact that there are already eight kiosks at the Outlet
Mall and the costs of doing a special exception for an additional three if only five
are approved.
Council Member Fox asked Council Member Steinberg for a friendly
amendment to increase the number allowed to eight and anything above eight
would be through special exception. Council Member Steinberg did not agree to the
amendment. Council Member Fox made a separate motion.
MOTION 2020-283
On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the
following was proposed:
Approval of the proposed Zoning Ordinance Amendment TLOA-2020-0008 with the
following amendments to allow requests greater than eight kiosks be allowed by special
exception and based on the findings that the amendments further the objectives of the
Town Plan and that the proposal would serve the public necessity, convenience, gender
welfare, and good zoning practice.
ORDINANCE 2020-0-017
Amending the Town of Leesburg Zoning Ordinance Articles 9 and 18 to Add Use
Standards for Kiosks with the proposed amendment to allow for requests greater than
eight to be through special exception
Council discussed how the kiosks were allowed if not previously a permitted
use; if Council was willing to allow the Outlet Mall owner to do a special exception
to apply for the desired 10 kiosks in January then why not save the owner the
expense of doing a special exception application for two additional kiosks by
approving 10; the ratio of square footage to the allowable number of kiosks; and,
that if the text amendment is not approved, all of the kiosks need to be removed.
Council Member Dunn requested a friendly amendment to allow for 10
kiosks instead of eight. Council Member Fox did not accept the amendment.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez and Mayor Burk
Nay: Steinberg
Vote: 4-1-1 (Dunn abstain)
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b. TLOA-2020-0007 Gateway District Design Guidelines
The public hearing was opened at 8:43 p.m.
Ms. Lauren Murphy gave a presentation on the proposed Gateway District
Design Guidelines. She said the Gateway District will be incorporated into the
Zoning Ordinance as a historic corridor district. The guidelines will be primarily
used by the Board of Architectural Review, the Preservation Planner, and applicants
who are submitting Certificates of Appropriateness for review by the Town. Ms.
Murphy noted that the Town will continue to have the H-2 District Guidelines for
use with applications where they were proffered to be a part of the H-2 District. The
H-2 Guidelines will be used for those applications unless they proffer to be in the
new Gateway District. Ms. Murphy provided a broad overview of each section in
the guidelines. Once adopted, Ms. Murphy said additional reconciliations in the
Zoning Ordinance would be needed to update references to the old H-2 Guidelines
and include the Gateway District references. Ms. Murphy added that there were
some requests made by the Planning Commission for future amendments. Special
thanks were given to the H-2 Workgroup including BAR Chair Teresa Minchew,
BAR Members Dale Goodson and Richard Koochagian and Planning
Commissioner Gigi Robinson, for their hard work developing the Gateway District
Design Guidelines.
Council discussed what authority is provided to each the BAR and the
Planning Commission with the guidelines; areas where the H-2 guidelines would be
used versus the Gateway District Design Guidelines; and, a desire for a more
streamlined regulatory approval with form -based code.
Public speakers:
There were no members of the public wishing to speak at the public hearing.
The public hearing was closed at 8:59 p.m.
MOTION 2020-284
On a motion by Council Member Steinberg, seconded by Council Member Dunn, the
following was proposed:
To approve the proposed ordinances to incorporate the Gateway District Design
Guidelines into the Zoning Ordinance by reference in Section 7.12.4 and I further
move to approve the proposed resolution to initiate changes to Article 10, 12, and 15 of
the Zoning Ordinance that are related to the incorporation of the Gateway Guidelines
into the Zoning Ordinance. And I further move to direct staff to begin work on -site
design guidelines to be used for the review of the rezoning and special exception
application and that these guidelines will be incorporated into the Town Plan at a
later date when the Legacy Leesburg Town Plan draft is advertised for public hearing.
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COUNCIL MEETING December 8, 2020
ORDINANCE 2020-0-018
Approving TLOA-2020-0007 to Amend Article 7 of the Leesburg Zoning Ordinance to
Incorporate by Reference the Gateway District Design Guidelines
and
RESOLUTION 2020-124
Initiating Zoning Ordinance Text Amendments to Article 15 to Incorporate the
Gateway District Design Guidelines; to Initiate Zoning Ordinance Text Amendments
to Articles 10 and12 to Strengthen Open Space Requirements for New Development;
and to Direct Staff to Develop Site Design Guidelines for Incorporation into the Town
Plan
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Steinberg wished everyone a safe and happy holiday. He wished
everyone safe travels if they were going anywhere and good health.
Vice Mayor Martinez said at times he, Mr. Campbell and Mr. Dunn, have been at
odds but he does give them the respect as elected officials to put themselves out there and
that deserves recognition. Mr. Martinez said he believes that while they may have been at
odds, he truly believes their intentions were honorable. Vice Mayor Martinez said he
hopes their next endeavors will be as satisfying as their time on the Town Council.
Council Member Fox thanked both Council Member Campbell and Council
Member Dunn. Ms. Fox noted that Leesburg has a very diverse population and that
Council represents that well from one end of the political spectrum to the other and also for
people who think the same thing. Ms. Fox said she feels these two Council Members have
been exemplary in their service and in representing their constituency. Council Member
Fox said she will miss both of them and wished them well and noted she would be calling
them regularly for advice.
Council Member Campbell thanked Ann Robinson for introducing him to this
process of speaking before Council and her courage to speak her voice and sharing her
philosophy that people matter over politics. Mr. Campbell thanked the residents of
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Leesburg and all of his family and friends. He thanked his wife for serving along with him
as she served as his special advisor and confidante. Council Member Campbell thanked the
Town Manager and the Town staff and noted that he would be thanking them individually
at another time. Mr. Campbell said their dedication and hard work and all of the things he
put them through made everyone better. Mr. Campbell said that the four years spent on
Council have been a good four years and good work despite all of the challenges to make
that work happen. Council Member Campbell gave special thanks to Council Member and
friend Suzanne Fox for her integrity and friendship. Mr. Campbell said her integrity
allowed both of them to speak their minds, be who they were, and never ask each other to
vote in any particular way, but to vote their conscious. He said that level of integrity meant
the world to him in terms of being able to have honest dialogue and true transparency.
Council Member Campbell noted he was wearing a few ribbons at the meeting. He said he
has worn them before in honor of Mr. Fitz Alexander Campbell Thomas who was a young
warrior gone too soon, but stood by his side and his family's side during many battles. Mr.
Campbell said he wore an orange ribbon for the Orange Ribbon Campaign and good
friends Mr. JJ and Ms. LeAnne McNamara. Mr. Campbell said there is work that is being
left behind but hopes that the next Council will take up the issues with more transparency,
more consideration of the financial impacts to the Town and community and the human
impacts to the community. He asked for more consideration for law enforcement
accountability to the citizens, more accountability and consideration for affordable housing
and jobs. Mr. Campbell said he will continue to work in the community. He said it has
been an honor to serve but that his responsibility doesn't end because his term on Council
ends. He said he wanted to say that how we speak to our citizens does matter, how we hear
their voices does matter and makes a difference. He added that how we hear our own
through whatever divisive discourse that they may be, the reality is we're only here to do
one thing and that's not to serve each other, at the end of the day, it's to serve the people.
Mr. Campbell concluded his remarks with a quote from Dr. Martin Luther King, "The
time is always right to do what is right."
Council Member Dunn thanked the people who hired him by voting to put him to
work. Mr. Dunn said that is how he has always viewed his time on Council. He noted his
Town Council service plus seven or nine years working on Town Commissions that he has
served for almost 21 years nonstop. Mr. Dunn said that he has always looked at it as a job
to do and felt he did the job as best he could. Council Member Dunn thanked those people
who helped him along the way both inside the Town staff and the Council. Mr. Dunn said
that that there's one thing that he has always kept with him in serving on Council and on
Commissions is the vast majority of citizens in Leesburg and that number is growing all the
time. Mr. Dunn said when he first moved to Town, the Town was in the 20,000s and now
it's in the 50,000s. He noted that the vast majority of citizens have no idea who Council is
and they don't know Council's names or know what Council does but they have all
experienced what Council does. Mr. Dunn said he has always looked at his job as
representing those people who just want to go along day-to-day and provide for their
family, have a safe place to live, a nice place to raise their families, and have safe and clean
streets. Mr. Dunn said he can't say that he's represented any special interests and noted
he's always tried to put even his own interests to the side. For that reason, he said he did
not have a lot of flowery things to say in a big, long farewell speech, but just to say that he
viewed this as the citizens hired him to do a job and he did his job.
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COUNCIL MEETING December 8, 2020
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed that she spoke with Mr. John Dionis about the Outlet
Mall kiosks. Mayor Burk thanked Grandmaster Choi and sister city Samcheok,
Korea, for another donation of 10,000 masks. She thanked Grandmaster Choi for
coordinating the event. Mayor Burk thanks Karen Mohammed for and her Muslim
Ladies organization in Chantilly for donating 25 cloth masks to the Town and if
anyone is in need, they are available in the Town Hall lobby. Mayor Burk noted
that the holiday tree lighting was a scaled -down version this year but thanked the
Town staff for putting the ceremony together. She thanked Council Member Fox
and Council Member Steinberg for joining her for the event and noted it was also
streamed on Facebook. Mayor Burk encourage everyone to come downtown and
see the wonderful light display and enjoy the opportunity to have outdoor dining
under the stars and the heaters. Mayor Burk thanked Mr. Ara Bagdasarian and
other members of the BENEFIT group for supporting non -profits with their virtual
Christmas concert on December 19'x. All the proceeds from this event will go to the
various charities in the area. Mayor Burk shared that on December 5th, she did the
bell ringing for the Salvation Army noting it was cold but great fun. She thanked
Vice Mayor Martinez, Council Member Steinberg and Council Members -elect
Cummings and Nacy for participating and noted there was a challenge between
them to see who could raise the most donations in their Red Kettles. The results of
who won are pending. Mayor Burk said the Fine Arts Festival at Freedom Park
was very well done and was surprised to see so many vendors and shoppers
participate. She thanked staff for organizing. Mayor Burk thanked the George
Marshall International Center for allowing her to help light the trees noting that
they have 17 trees on display representing 17 countries that benefitted from the
Marshall Plan. She said it is very pretty and encouraged everyone to walk the path
at night. Mayor Burk said goodbye to her colleagues and wished them the very best
of luck in the future with all their endeavors.
19. TOWN MANAGER COMMENTS
Mr. Dentler complimented Ms. Kate Trask and the Parks & Recreation staff
for the holiday lighting. He noted that the Ms. Trask worked with the County on the
Courthouse lights project. The County paid for the project but it was her efforts and
coordination with the Town contractor that made the project possible. Mr. Dentler
shared some great financial news in that the bond sale that Council approved was
completed and the interest rate was 0.41%. Mr. Dentler said it is a compliment to
the financial status and leadership for the Town that helped make it happen. Mr.
Dentler shared the unfortunate news that the annual Christmas parade would be
canceled due to lack of interest noting that there were only a few groups that were
willing to do a static parade at Freedom Park. The static parade was an alternative
to the traditional parade that could not be held due to the COVID restrictions. Mr.
Dentler thanked and congratulated Mr. Dunn and Mr. Campbell for their service to
the community. He said it was a pleasure working with both of them and wished
them the best of luck. Mr. Dentler wished everyone a happy holiday season.
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20. CLOSED SESSION
a. None.
21. ADJOURNMENT
On a motion by Council Member Campbell, seconded by Council Member Fox, the meeting
was adjourned at 9:14 p.m.
Kelly B&frk, A4tyor
Town of Leesburg
ATTEST:
Clerk of Council
2020 temin1208
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December 8, 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 December 8'h, 2020 Town Council meeting. If
anybody in the room needs hearing assistance, please see the Clerk. I will be doing the invocation
tonight, followed by Council Member Steinberg with the Pledge of Allegiance. This year marks the 79'h
anniversary of commemorating the attack on Pearl Harbor, December 7'h, 1941, and the subsequent
entry of the United States into World War II.
This attack killed 2,403 US personnel, including 68 civilians. Let us remember, it is with grace and
dignity that one finds peace at the end of the road. Let us take a moment of silence to remember their
lives and attempt to emulate their trust in the American dream.
[pause]
Mr. Steinberg, would you like to lead us in the Pledge?
Speakers: 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.
Mayor Burk: All right. We need a motion to allow Vice Mayor Martinez and Council Member Dunn to
electronically participate in the December 8th, 2020 Council meeting.
Council Member Neil Steinberg: So moved.
Mayor Burk: Moved by Council Member Steinberg.
Council Member Ron Campbell: Second.
Mayor Burk: Seconded by Council Member Campbell. All in favor, indicate by saying aye. Opposed?
All right. That, and then two are absent from the vote. At this point, they are now members of the
meeting. I need a motion for Work Session minutes of November 23rd, 2020.
Council Member Steinberg: So moved.
Mayor Burk: Moved by Council Member Steinberg.
Council Member Campbell: Second.
Mayor Burk: Second by Council Member Campbell. All in favor, indicate by saying aye. Opposed? I
have not heard from the two gentlemen virtually.
[silence]
Vice Mayor Fernando "Marty" Martinez: I am an aye.
Mayor Burk: Mr. Dunn?
Council Member Tom Dunn: I'm on my phone. Can you hear me?
Mayor Burk: Yes, we can. Are you an aye to the Work Session minutes of November 231x?
Page 11 December 8, 2020
Council Member Dunn: Yes. Aye.
Mayor Burt That's a 6-0. I need a motion to adopt the regular session minutes of November 24, 2020.
Do I have a motion?
Council Member Steinberg: So moved.
Mayor Burk: Moved by Council Member Steinberg.
Council Member Campbell: Second.
Mayor Burk: Second by Council Member Campbell. You have a pattern going, gentlemen. All in favor,
indicate by saying aye.
Council Members: Aye.
Mayor Burk: Mr. Martinez? Opposed?
Vice Mayor Martinez: It was an aye.
Mayor Burk: Thank you. All right. I need a motion to adopt the meeting agenda.
Council Member Steinberg: So moved.
Vice Mayor Martinez: So moved.
Mayor Burk: We'll do the Vice Mayor Martinez, seconded by Council Member Steinberg. All in favor,
indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? All right. That's 6-0. Certificates of recognition, we have none tonight. We do
have three presentations tonight. The individuals are not here to accept them. I will read them into the
record. The first one is a proclamation recognizing the public service of Town employees retiring in the
year 2020, December 8th, 2020.
Whereas, Town employees make a significant contribution to the well-being and the quality of life for
the residents of Leesburg. Whereas, dedicated Town employees endeavor to perform their jobs with
professionalism and integrity, to make government more accessible and effective. Whereas, retirement
marks the end of their public service careers in the beginning of a new chapter in their lives.
Therefore proclaim that the Mayor and the Council of the Town of Leesburg and Virginia, hereby
congratulate the following 2020 retirees on their retirement and extend the best wishes in all future
endeavors. Roger Hall from Utilities has 31 years of service. Scott Lincoln from Public Works has 31
years of service. Lisa Smith, Finance and Administrative Services, 31 years. Melvin Doster, Parks and
Rec, 30 years. Mike Buracker, Police Department, he's got 29 years. Steven Pebler, Police Department,
29 years. Mathew Bennett, Police Department, 24 years. Sherry Bodine, Police Department, 21 years.
Brenda Norton, Clerk of the Council's Office, 20 years. Mirsad Gusinac, Parks and Rec, 19 years. Cary
Stephens, Public Works, 18 years. Michelle Parker, Finance and Administrative Services, 15 years.
Yordan Shishkov, Parks and Rec, 13 years. If I messed up your name, I'm sorry for that one. This was
proclaimed the 8th day of December 2020.
Next one is the recognition of Leesburg Police Citizens Support Team, December 20. Whereas,
Leesburg Police Citizens Support Team was formed in April 1996 as a non-profit volunteer organization
of Leesburg residents who work closely with the Leesburg Police Department to further the
department's community policing goals. Whereas, over the years, team members have contributed
Page 21 December 8, 2020
thousands of hours of volunteer service through the activities, such as distributing DNA identification
kits and Child Safety Awareness materials, community patrols, seatbelt surveys, street light surveys,
and assisting the traffic and crowd control during special events.
Whereas, the team has raised thousands of dollars in donations and dedicated many hours of volunteer
time for the annual INMED/Mother Dinner and Holidays with the Cops Program. Whereas, the
INMED/Mother Dinner provided hundreds of Leesburg residents with their traditional Thanksgiving
dinner each year. The Holiday with the Cops program has provided nearly 150 Leesburg children with
the opportunity to buy holiday presents for themselves and their families, and both programs strengthen
relationships between the community members and the Leesburg Police officers.
Whereas, this year in partnership with the Leesburg Police Department, the team has found creative
ways to continue these two programs despite the COVID-19 pandemic, including the delivery of dinners
to more than 200 families. Therefore, I proclaim that the Mayor and the Council of the Town of Leesburg
in Virginia hereby thank the members of the Leesburg Police Citizens Support Team for their dedication
and contributions to the Town of Leesburg and its residents, particularly during the holiday season.
Proclaimed this 8oh day of December 2020.
The last one is to our Electoral Board. They most certainly had a busy couple of months here. This is
in recognition of the Electoral Board, December 8th, 2020. Whereas, the responsibilities of the Electoral
Board include running elections in the County and the Town, appointing the Director of Elections and
General Registrar, approving polling places, approving the appointment of poll workers, organizing
election procedures and policies, overseeing the printing of ballots for each election, and overseeing
the canvass and the certifying the results after each election.
Whereas, in the 2020 election, a record number of 79.93% of Loudoun and Leesburg registered voters
cast their votes. Whereas, early voting was at 55.5%, yet there was rarely a line and never were there
long wait times to enter the facility to vote. Whereas, during 2020 election, the County along with
Loudoun and Leesburg were experiencing a pandemic due to the COVID-19. Whereas, because of the
pandemic new procedures and protocols for safety of the staff, volunteers and voters were instituted.
Whereas, the Electoral Board's public education campaign and outreach efforts to keep the public
informed were effective and vital to a successful voting process.
Therefore proclaimed that the Mayor and the Council of the Town's Leesburg and Virginia hereby
recognize Loudoun County Register Judy Brown, her staff, and her volunteers for their successful
efforts to ensure a safe, efficient, and accurate voting process that Leesburg and Loudoun County can
be proud of while ensuring that every vote was counted. Proclaimed this 8th day of December 2020.
These will go to the recipients by mail. We will send them all. All right, that takes us to our presentations.
Tonight we have a couple of presentations. The first one is the annual report on the Technology and
Communications Commission. This is Chair Peter Hill will be speaking to us.
Peter Hill: Do we start now?
Mayor Burk: Just one second.
Peter Hill: Okay.
Mayor Burk: Are you ready for him to start? Okay, you may begin, Mr. Hill.
Peter Hill: Do we have my presentation up?
Mayor Burk: Yes.
Peter Hill: I don't actually see it, but I'll work it from-- Here we go. We broadly covered a number of
areas over the last year, year and a half. This slide talks about the broad areas, and the subsequent
slide talks about the specifics of those areas. We addressed IT requirements for the Police Department.
We addressed the internet service provider process that we had with the County. We addressed
Page 31 December 8, 2020
colocation of the Town servers, responded to the COVID responses, the COVID requirements, the IT
budget, IT operations. When I say, we, we provided the advice and counsel, but the hard work was
done by the IT department.
For the IT Police Department activities, all the handling equipment was upgraded. There was a new
recording system installed, a new computer -aided dispatch system was installed. This was kind of neat,
because there was some discussion a while back about how the Town's dispatch would work with the
County. What resulted, because of this is where in the past the County had to audibly identify the
address information, this system now electronically passes the information from the County directly to
the dispatch people for the Police Department for the Town, and the records management system was
also upgraded. A number of years ago now, the County said to the Town that they wanted us to move
off of their internet service provider activities. That was a significant project that was taken to completion
this year.
A couple of significant things came, because of that. Our connection to the Internet through the County
was 100 megabits. Our connection to the internet now is we have two, one gigabit connections which
can be used concurrently to provide two gigabits of connection, but they're two separate connections.
We have redundancies that the Town never had before. The company that provides that Internet service
for the Town also provides security, because they are actually hosting that activity. They're providing
security in a way that allows the Town to leverage their staff in the fact that the Town now gets 24 hour
service for things like hosted firewalls, edge protection, unlimited VPN connections, web content
filtering, real-time filtering, intrusion protection. Things that make this IT system for the panel much more
secure than they were before.
The other direction that we recommended that the Town has moved well along on, is colocation of the
Town's servers. Colocation means that the Town is actually putting their servers in a professional data
center where the company hosts servers from multiple organizations. The benefit of that is that company
provides infrastructure that the Town has not been able to afford to provide in that there are battery
backups for the servers. There are generators, so that if utilities or if the local utility loses power, the
servers are still operational. In addition to that, this facility is much more secure than the data centers
for the Town were.
COVID's required significant changes and activities on the part of the IT department. Frankly, I think
they've done a tremendous job of reacting to the COVID requirements. That included things like
providing teleworking support for many of the staff in the Town doing procurement, in a way that wasn't
done before and in a fire drill mode for some things.
Providing IT coverage remotely so that the people who were working remotely also had the same kind
of support that they had when they were working locally. Providing for remote meetings for many of the
meetings that the Town had, both the public meetings and the meetings within the Town staff. Then the
IT projects that were addressed initially as part of the plan and then the new ones that came off as a
result of the COVID requirements.
Then the CARES Act provided some funding, but also required work for teleworking support, for video
conferencing equipment, and remote applications. As part of the IT budget recommendations that we
made, we suggested improvements in cyber security, which had been happening over the last couple
of years. The Police Department projects, which we talked about a little bit earlier. Enterprise application
support and the IT infrastructure. We recommended some new initiatives relating to Microsoft Office
365 and an IT Business Analyst, which were included in the current budget. We were also
recommending a Cisco Cloud -based solution. The IT fiber infrastructure that we talked about earlier,
the land management system, the GIS portal separation from the County.
As I said earlier, the addition of a Senior Systems Analyst. The IT operations stuff that came from that,
the Cloud direction thing that I talked about is really a very powerful thing for us, in that those are
activities that the Town needs. The Microsoft Office 365 means that Microsoft now provides a Cloud
solution for that, Laserfiche has provided us a Cloud solution.
Page 41 December 8, 2020
The phone system is provided through Cisco with a Cloud solution. GIS is a cloud solution. What Cloud
solution means is the company that's actually providing that service provides the software and the
hardware in the data centers that they provide, that has the same kinds of support that our colocation
data center has. Except in addition to the power backup and those kinds of things, they also provide all
of the servers that we need and the ability to grow the servers without us doing anything except requiring
additional facilities. We are in the process of working on the Verizon franchise agreement, which is up
for renewal. We worked with the Town staff and the County on reviewing the Memo of Understanding
with the County, the land management system replacement, and the IT training and collaboration.
That's a brief quick go -through. Any questions?
Mayor Burk: My goodness. It's a shame you didn't do anything during this whole time. Wow. That's
quite impressive, Mr. Hill. Please extend our gratitude to all the members of your committee for all the
hard work they've done and the impact they've had for us here at the Town level.
Peter Hill: I have to say in the time that I've been on the Commission, I think the Town's IT infrastructure
and the work of the staff has improved significantly. What I know of the members of the Commission,
we have gotten some very valuable advice from people who would-- If we had to pay for it, it would cost
us a lot of money.
Mayor Burk: I would agree with you. You're probably correct on that. [laughs] I agree so much. I'll say
it again. Does anybody else have any questions at this point? All right, Mr. Campbell?
Council Member Campbell: Peter, thank you. This is Ron Campbell. It says it twice, because it's so
nice.
Peter Hill: We appreciate the compliment.
Council Member Campbell: When I first joined Technology Commission in 2011, it's light years away
from what challenges you've had to accept. I know the heavy lifting of volunteer work, so thank you.
Please extend my thanks to all the members of the commission.
Mayor Burk: Ms. Fox.
Council Member Suzanne Fox: I'll keep it short. Thank you very much for all the work you've done. It
shows and it really does help the Council. You've been advisory and you've been active, and we really
appreciate it. Thank you.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: No questions. But, I do sit on this Commission as a Council liaison and I
continued to be impressed by the level of professionalism and expertise of the various members of this
Commission and the total professionalism of the staff that supports both the Commission and the Town
IT departments. Thanks to everybody, and a good holiday to everybody. Thanks.
Mayor Burk: Anyone else?
Vice Mayor Martinez: Yes, if I might.
Peter Hill: Mr. Steinberg has been a very helpful addition advisor to the Commission.
Mayor Burk: Thank you. Mr. Martinez.
Vice Mayor Martinez: Peter, one of the things that you've mentioned about putting our- using data
servers, one of the advantages is we don't have to pay for disaster preparedness plan for our servers
and that we have a built-in redundancy that helps us. Then you mentioned about the power. Essentially,
we're talking about making sure that our whole operation is not based on one power grid. That if one
grid goes off, we have another one to keep our servers and stuff up. That in itself, the time, work, and
Page 51 December 8, 2020
cost savings really makes this really advantageous for our Town and cost-effective. I also want to say
that knowing about your IT Commission, if I was standing up an IT Department with cybersecurity issues
and all that, I'd probably go to your group first and see if I can get them all on board. Thank you.
Peter Hill: You're welcome.
Mayor Burk: All right. Okay, thank you very much. Appreciate it.
Jakub Jedrzejczak: Thank you for your support. Thank you.
Mayor Burk: All right. Our next report is the Fiscal Year 2020 Comprehensive Annual Financial Report.
I assume that is virtual also.
Clark Case: Good evening, Mayor, the Council Members. I'm Clark Case. I'm the Director of Finance
and Administrative Services for the Town. The presentation tonight is going to be given my Ann Genova.
She is the Manager for the Town's audit from BrownEdwards. I'll let her do the presentation and I'll drive
the slides.
[silence]
Ann?
Mayor Burk: Are you there?
Clark Case: Are you online?
Ann Genova: Can you hear me?
Clark Case: I can now. Thank you.
Ann Genova: Thank you, Town Council for the opportunity to present on the audit this evening and for
the opportunity to serve the Town, [inaudible]. I'd love to give a special thanks to the Finance
Department, especially Clark Case, Lisa Stillman and Bill Felegie for their cooperation and hard work
[inaudible].
Mayor Burk: It's very difficult to understand what you're saying.
Clark Case: I think we're getting an echo, Ann. Can you mute your speaker?
Ann Genova: If you'll go to slide three.
Mayor Burk: [chuckles] I don't think she heard us. She said to go to slide three.
Ann Genova: [inaudible]
Clark Case: I think your speaker is on on your PC, and it's echoing here. If you would mute your speaker
and just talk, it should take care of the echo.
[pause]
Ann Genova: [inaudible]
Clark Case: We're still getting a really significant echo here.
Mayor Burk: It's not an echo as much as it's just a cut out. We're not hearing --
Page 61 December 8, 2020
Clark Case: It sounds like it's just chopped up.
Mayor Burk: Is it something that you could give the report?
Clark Case: Yes. Ann, is it all right if I go ahead?
Ann Genova: Okay, let me try-- Yes, that would be [inaudible].
Mayor Burk: [chuckles]
Clark Case: Ann, try logging out and logging back in. When you get back in, let us know that you're in.
I'll take the presentation until you get back, and then you can take it over when you're able to get on.
Keith Markel: Mr. Case, can I try one thing here? Maybe if she turns off her video feed and see if that
frees up some bandwidth for the audio.
Clark Case: Could you hear that, Ann?
Ann Genova: Okay, I've turned off the speaker. Is that helpful?
Clark Case: That sounds better.
Keith Markel: Sounds good on our end.
Clark Case: Try that.
Ann Genova: Okay. [inaudible] There are several components of an audit. We assist the Town in
preparing the financial statements, which is the report that takes the accounting information and
presents it in a readable accessible format for users. The Town's Comprehensive Annual Financial
Report goes above and beyond just a basic financial statement. It includes a letter of transmittal and a
statistical section, and the Town files a CAFR with the Government Finance Officers Association for
their Certificate of Achievement for Excellence in Financial Reporting. The Town received that
Certificate for the fiscal year 2019.
Slide four - we also issue an opinion on the financial statement. I'm happy to report that we issued an
unmodified opinion on the financial statement, which is the best opinion a locality can receive. It says
that the financial statements are correct in all material respects. We also issued a report on internal
controls, which should be considered along with the financial statement. We do not express an opinion,
but do describe certain deficiencies and recommend ways to improve internal control.
We also issue a report on the Town compliance with the requirements related to Federal award
programs. We tested the Town's highway plan and construction major award. We are happy to report
that we had no findings related to Federal award programs. We also provide an additional report called
a financial analysis, which provides a high level summary of financial information in a comparative
graphic form. I'd like to look at a few of these graphs tonight with you. Let's go to slide seven.
[silence]
Slide seven looks at level of budgetary fund balance. It poses the question, how does our budgetary
carryover position look? Slide seven.
Clark Case: Slide seven. I'm sorry, you got it.
Ann Genova: GFOA recommend that at a minimum, the general purpose government, regardless of
size, maintain unrestricted budgetary fund balance in the general fund of no less than two months of
regular general fund, operating revenues or operating expenditures. The Town has three months
Page 71 December 8, 2020
unassigned fund balance covered, and that can be seen in the chart that is labeled months of
expenditures in general fund unassigned fund balance.
Let's go to slide 10. This slide talks about the condition of capital assets. In other words, the asset's
useful life. This chart compares the cost to accumulated depreciation to determine the useful life
remaining by asset type. Useful life is estimated by the Town based on the experience of assets. Assets
could last longer or shorter than estimated. As the assets age, the percent decreases. It can indicate
potential areas in which capital assets need to be replaced or acquired within two to three years.
Slide 16. Business -Type Activities Self -Sufficiency. Did the current year business -type activity pay for
themselves? It looks at the level at which Town's utilities are covering their costs with current year
revenues. It's simply revenue over expenses, so the Town revenue is greater than expenses by 35%
this year. Slide 18.
Clark Case: Which one is that? Could you give me the title of the slide, because the slides I'm showing
here don't have numbers on them.
Ann Genova: Sure. This is the last one. This chart per capita ratio ask the question, how much do our
current services cost per capita? Current services by general fund per capita chart breaks down
services by function. As you can see, public works and public safety are the largest, which is typical for
municipality. Slide 20. The last slide.
Clark Case: That's the last slide I have is per capita ratios.
Ann Genova: Okay. I just wanted to show you a couple of slides in the financial analysis packet that
has a lot of useful charts and graphs and information in addition to the CAFR for your review. That
wraps up my presentation.
Mayor Burk: All right. Mr. Clark, do you have anything more to add at this point?
Clark Case: I just wanted to thank the Town accounting staff and a lot of other people who contribute
to the information that goes into the CAFR. Especially Lisa Stillman, who is working as a consulting
controller with us. She is the- was the incumbent controller. Her health has caused her to withdraw from
the position full-time, but she has continued to work with us after the end of the year on a part-time
basis. Robert Frye, who is the interim controller. Both of them are working part-time. Between the two
of them, we had enough resources to get through the audit.
Bill Felegie is the Accounting Manager for the Town. He has worked extremely hard to have his direct
reports Carrie and Emily and Debbie. That team has worked very, very hard and really coped with the
adversity of trying to do all the COVID payments and prepare the CAFR and supply information for us
on the refinancing all at the same time. The team has really worked through adversity and they produce
a very high quality book.
My thanks go out to them, and to everybody else on the Finance team and the people who contributed
to those efforts. Perfectly willing to answer any questions you may have about the CAFR itself.
Mayor Burk: All right. Mr. Martinez.
Vice Mayor Martinez: Well, I'm really surprised at how brief and not as detailed as I would've liked, but
I do appreciate your work and everything you're doing. Maybe you and I could sit down and go over
some of the slides and talk a little bit more about the charts, but thank you.
Mayor Burk: Mr. Dunn.
Council Member Dunn: No questions.
Mayor Burk: Mr. Campbell.
Page 81 December 8, 2020
Council Member Campbell: Clark, I can honestly say it has been a pleasure working with you and
your staff. I certainly appreciate your ability to openly and honestly answer questions as well as spend
time that we've had in many meetings off the dais. The question I have relates to the GASB standards.
Have they been adjusted at all to look at this unique situation we're in called COVID-19? I only asked
that question, because some of the comparisons might be skewed as to looking at our performance,
and I know this isn't a performance -based audit as much as an audit of our practices.
That's why I'm asking the standards question. Because if we look simply at how we had to manage our
financial difficulty with layoffs, reduction in spending, it may on some cases, look like we're doing the
same or better. When in reality, one of the other charts will show we haven't taken as much revenue,
because taxes have declined. I'm just wondering if they issued any kind of a statement about how we
look at this unusual financial year.
Clark Case: Well, their statements are usually long-term defining rules about how we go about
preparing statements. Most of the guidance has actually come from the Government Finance Officers
Association, which is able to make recommendations much more quickly. There's been a lot of work
done in recent years about sustainability and setting aside money for the rainy day, the downturn.
There's been a lot of education done about it. They've come out with a long series of best practices for
how to build resiliency and sustainability in local government. Most of that work's been coming out of
the Government Finance Officers Association, rather than the GASB.
The GASB is looking more at how the accounting models work and how we prepare and present certain
things. They're going to be looking at things more like how are we accounting for our health and our
retiree health insurance benefits, and how we're accounting for pensions. They do have a lot of projects
coming out about changing our accounting model. What those will look like is still an exposure draft
form.
We expect releases on that. They will change how we do business, but how that will happen, we're not
sure right now. They've come out with multiple statements in the last year or so. Ann, would you like to
talk a little bit about where they're going with it? I know a lot of it is aimed at lease financing. They're
wanting more information put into the book about lease financing. Those are the sorts of things GASB
really looks at. Dealing with how we manage the business, how we report that beyond the GASB
standard is usually where GFOA provides leadership. Ann, are you still on?
Ann Genova: lam.
Clark Case: Would you like to speak to where GASB is going with it? You're certainly more of an expert
on that than I am.
Ann Genova: Well, the biggest one that's coming is related to new leases. Historically, operating leases
for example, if you have a fleet of Police vehicles that you're leasing from a fleet management system.
That lease will now be put on the balance sheet and appear, where it wouldn't have before. The only
thing you would see is the lease expense every month, every year. That's going to be one of the biggest
changes that's coming.
It's not just about capital leases, the Police vehicles that you buy and you own, and you're going to use
until there's no life left. It's also going to be about operating leases. I think that's the biggest one that's
going to maybe make a change for the Town.
Council Member Campbell: Ok, thank you.
Mayor Burk: Ms. Fox.
Council Member Fox: Just a few questions. Thanks. Clark, I haven't thumbed through the CAFR yet,
but I have some- a couple of questions on the auditor's report. Is that okay? All right. The material
correctness of the financial statements, materially correct is pretty much underlined. Could you expound
on that? What exactly is material correctness?
Page 91 December 8, 2020
Clark Case: A material correction is something that was found during the audit that if left uncorrected
would be a significant error in the financial statements. As they go through their audit we go through it
with them. If we identify something that was a transactional error during the audit, we may submit it to
them and they'll give us advice about how to correct it. Some of these errors we found and we sent to
the auditors, they looked at it and said here's what you need to do to correct it.
They've listed those things there. In addition to that, they may find things that they say well, this
transaction wasn't processed correctly. It's usually in things where, for example, an invoice might show
up in September that related to something that was delivered, for example, in May. For whatever
reason, something was being contested, it got put on somebody's desk. It didn't get paid. When it got
paid, it got paid in September, but it really should've been paid back in June.
That's the thing that they're looking for. If they find it, they'll include it in their report to you, and they're
required to. This is things we worked through with them. We try to identify all of those, and we sent out
multiple emails to the departments asking them to make sure they get all of those in, but sometimes
they don't.
Council Member Fox: Well, that emphasis on material, it just made me wonder if there was something
different that we weren't getting right. That's all.
Clark Case: No. The material just usually means it's a large dollar amount relative to the overall
statements. That's what it means.
Council Member Fox: The three months of unassigned fund balance coverage that we have, could
you remind me what we're supposed to have to maintain triple-A rating and all that good stuff?
Clark Case: We need to maintain, by Council policy, 20%. That is the level at which, once we crossed
over 20%, we got our third triple-A rating. The rating agencies don't tell you, you have to have X. They
just don't get you a better rating unless you have what they feel is sufficient, but they don't tell you what
that is.
Council Member Fox: Is three months then a 25% or there's no correlation there whatsoever?
Clark Case: 25% is three months. What we maintain right now is really two and a half months, and is
about what the rating agencies would regard as a minimum for Town our size. They don't have a
standard they publish, but it depends on how big you are, because an unforeseen item to Leesburg that
would be material would not be material Loudoun County. Their percentage can be lower, but their
dollar amount's a lot larger. It just depends on the size of the unit, which is why they don't put out a
guideline. GFOA does put out a guideline, and their guideline is that they recommend an absolute
minimum of 15%. Two months. That's 16.67%. They recommend a minimum of two months, we have
two and a half months.
Council Member Fox: Third question. Last question, actually. I was taking a look at the BTA Self -
Sufficiency for our utilities' revenues, and year over year we've grown for expenses, our revenues
versus expenses relationship. It says we are 35% better than what we're spending. I expect that's a lot
of budgetary restraint and things like that, but at the same time we've got increases in utility money
built-in over the next probably four years now. I'm just wondering, as our savings rise like this, are these
increases in utility funds necessary?
Clark Case: Well, I think that there's two different distinctions here. That's your total coverage and that
includes your availability fees. Here, your availability fees are big lump sums. When Microsoft accesses
water, they send $7.8 million in their access fee.
Council Member Fox: That's a big chunk we got.
Clark Case: That's a huge amount of money. That kicks that up very significantly. You'll probably not
see that in the next year. Although having a good coverage ratio is important to maintain your ratings
Page 101 December 8, 2020
and maintaining the financial wherewithal to expand the system. If we want to bring in other large
commercial customers into the utility system and into the Town, we need to have that availability fee
money set aside. That's what we do, is we put it into the capital fund for the utilities.
Council Member Fox: I just see the year over year trend just keep doing better. Which is not
necessarily a bad thing, but at the same time, we're still raising those rates on consumers. That's a
concern for me.
Clark Case: Some of it is just getting the capital projects completed and getting the money spent to get
all of the Utilities' capital completed. It's a very challenging work plan for the Utilities' division. They're
adding people to try to catch that up. The cash looks better than it would if they had completed all of
their projects.
Council Member Fox: Okay, thanks.
Mayor Burk: All right. Mr. Steinberg?
Council Member Steinberg: No questions, thanks.
Mayor Burk: Well, thank you. Appreciate the information. I'm sure we will all be going through these
books in the next couple of weeks and have any more questions for you at that point. Having just got
this right now, I know I need a little time to review it. Thank you very much. I appreciate. Ann. Thank
you very much for your presentation. I look forward to having continued conversations on this.
Clark Case: Thank you. I just want to add that our team will stand ready to answer your questions at
any time by email, by phone. We'll be glad to set up meetings offline. We love it when you ask questions
about what we do on the CAFR, because we think it's important, but we also spend a lot of time
preparing it. If you've read it and you ask questions, we're very happy to answer.
Mayor Burk: All right, thank you.
Clark Case: Thank you.
Mayor Burk: All right. That moves on to the service plaques for Council Member Ron Campbell, who
is at your desk at this point. Mr. Dunn, do you wish to have your plaque sent to Fredericksburg? Where's
the address that you would like to have yours sent to?
Council Member Dunn: I can pick it up at Town Hall.
Mayor Burk: All right. It will be waiting for you at Town Hall. Does anybody have anything they'd like to
say at this point? Ms. Fox?
Council Member Fox: I just want to extend my thanks to both Council Members Dunn and Council
Member Campbell who have been a source of information and have been a source of comradery with
me over the past four years. I'm going to be sad to see them leave. I feel like when Council Member
Campbell came on the Council four years ago, we really didn't see eye to eye politically.
A lot of us just don't up here, but we did see eye to eye in the fact that we knew we needed to work
together in order to set a good example about how things can be bipartisan on this Council. We worked
at that, and I think we achieved that. I want to thank him. I want to thank Council Member Dunn for
being a good mentor to me as well. I wish them both well. I'm sure I'll be calling you in the future.
Mayor Burt Anyone else at this point? All right. That takes us to our regional commission reports.
Does anyone have any today? No. Okay. We have petitioner section, I'm sorry. The petitioner section
is one of the first orders of business to hear from the public. All members of the public are welcome to
address Council on any item, matter, or issue.
Page 111 December 8, 2020
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 members of the public on the phone or Webex. The first name in
our list is Gabriela Santos. Is Gabriela here? Hello, and welcome.
Gabriela Santos: Thank you. My name is Gabriela Santos. My address is 301 Riding Trail Court,
Leesburg, Virginia.
Mayor Burk: Would you spell your name for the record for the hearing?
Gabriela: G -A -B -R -I -E -L -A, last name Santos, S -A -N -T -O -S.
Mayor Burk: Thank you.
Gabriela Santos: I'm here to discuss the civilian oversight board for the Town of Leesburg. We can no
longer ignore the acts of injustice occurring within our country. We need to start taking actions in our
community to address them. Civilian oversight boards are a small step in the right direction. A civilian
oversight board will help to build trust between the community and law enforcement, allowing citizens
to bring their issues with or recommendations for law enforcement into the light.
If it is known that when justified, Police use of force is necessary in our community, then it also must be
necessary that there is some form of oversight ensuring that the power to use force is not abused, and
that the community is never threatened by any abuse of power.
If Leesburg takes the time and puts in the effort to implement a civilian oversight board, then a safer,
stronger community -Police relationship will flourish, potentially reducing the number of complaints and
increasing community trust in the Police.
Transparency is key. A big part of the lack of trust within the community is due to the lack of
transparency within law enforcement. An oversight board will help to bridge the gap and absolve the
mistrust that exists. Statistics from community -oriented policing services show that there are average
11.9 complaints for 100 officers in communities with a civilian oversight board.
On the other hand, in cities without a board, they're only average of 6.6 complaints per 100 officers.
This shows that community oversight boards help to bridge the gap between the community and the
department, enabling citizens to feel more comfortable reporting issues, further building trust. It cannot
be stressed enough that we cannot wait until a tragic incident occurs in our Town to implement a review
board.
These boards have a purpose of preventing unjustified violence, not just responding to it. I understand
that Leesburg law enforcement, fortunately, does not have many cases of misconduct. However, to
prevent possible negative outcomes, like that of George Floyd or Breonna Taylor, and to ensure that
the citizens of our Town feel safe and feel that they can trust their law enforcement officers, a civilian
oversight board is imperative. Thank you for your time.
Mayor Burk: Thank you very much. Do we have anybody that is remotely who would like to speak?
Keith Markel: Madam Mayor, we don't have anyone signed up to speak as a petitioner this evening.
Page 121 December 8, 2020
Mayor Burk: We don't? Okay. Is there anybody else in the room that didn't get a chance to sign up that
would like to speak at this point? All right. Then I will close the petitioner section and we will move on
to the approval of the consent agenda. I will read the items. The first one is the Wirt Street waterline
improvement, awarding a construction contract for the Wirt Street waterline replacement.
12(b) is a supplemental appropriation of Virginia Risk Sharing Association payments fora traffic signal,
amending the fiscal year 2021 general fund operating budget and making a supplemental appropriation
in the amount of $46,989.02 received from the insurance payments at the Virginia Risk Sharing
Association for the repair of the Town's traffic signal equipment.
C is Veterans Park at Balls Bluff project, awarding a design contract for the Veterans Park at Balls Bluff
project to Alpha Corporation for a not to exceed amount of $376,923.22. D is requesting the Virginia
Department of Transportation to accept certain streets. Requesting the Virginia Department of
Transportation to accept certain streets.
E is a utility easement encroachment agreement with the Loudoun County and the DC Sports Facility
Entertainment LLC authorization to enter into a utility easement encroachment agreement with Loudoun
County and DC Sports Facility, LLC. Are there any items that anybody wishes to remove?
Council Member Steinberg: Yes, item E, please.
Mayor Burk: Item E. Ms. Fox?
Council Member Fox: I don't wish to remove item D, but I do have a question.
Mayor Burk: Sure.
Council Member Fox: It has to do with why these certain streets are going to be under VDOT and not
in Leesburg. It looks like they're all Town streets to me.
Renee LaFollette: It's not for the streets to be under VDOT control. We have to request that VDOT
accept these streets into the urban system so that we receive our maintenance payments from VDOT.
Council Member Fox: Because they're newer streets?
Renee LaFollette: They're newer streets that are just coming off of born, so a developer built them.
Council Member Fox: Got you. Thank you.
Mayor Burk: All right. Do I have a motion to approve 12A, 12B, 12C, 12D? So moved by Council
Member Fox, second by Council Member Steinberg. All in favor, indicate by saying aye. Mr. Martinez,
Mr. Dunn?
Council Members: Aye.
Vice Mayor Martinez: Aye.
Council Member Dunn: Aye.
Mayor Burk: Okay, that's 6, 0. Utility easement encroachment. Do you have an issue with this, Mr.
Steinberg?
Council Member Steinberg: I don't have an issue, I just have some questions. It's just informational.
My first question, and I understand it's not the Town's fault, I'm just curious as to how what should be a
fairly straightforward process in the construction in the direction of these power lines, in proximity to our
Page 131 December 8, 2020
waterlines, how the construction missed the mark so badly, that we're now in this position where anytime
we need to work on our waterlines, this is an issue.
Amy Wyks: Unfortunately, the plans that we approved and looked at related to our water and sewer
infrastructure, those lines were not shown on there, until they began construction. At that point, when
all that was being constructed over the Towns' utilities that we would be accepting at the completion is
when we brought it to legal's attention.
They will be private utility lines. They're within the complex, so they're not Dominion or NOVEC-related.
In the event of when Miss Utility is called, those lines will not be marked, which is why we had concern
that in the event of a water break, we won't know where those lines are and no one's going to mark
them.
Council Member Steinberg: I recognize the concerns. What I'm curious about is, why is it that in the
construction, if this is best practice, they didn't understand what they were doing when they laid these
lines in such close proximity to our water lines? You may not have the answer to that but it's just --
Amy Wyks: We questioned it and we did a stop order with them and are trying to resolve it in that
manner.
Council Member Steinberg: Then the question for us I have is, what does this mean for us down the
road? How complex an issue does this present to us in future maintenance of our water lines in such
close proximity to electric lines? I can only assume that the private property owner has to bear the cost
of that price?
Amy Wyks: Correct. We are working with Chris' office as it relates to the items that would go into the
encroachment agreement. The way that we're talking with Loudoun County is in the event of an
emergency and/or even routine that we would work with the County and they would be responsible for
putting what we call shovel in the ground so they would move all the dirt. When they get to the waterline,
we would fix what is ours, and then they would be responsible for the rest.
Council Member Steinberg: They would be responsible. Then that's a better approach than obviously
going back and redoing the whole thing?
Amy Wyks: Correct.
Council Member Steinberg: All right. Okay, thank you.
Mayor Burt Anyone else have any questions at this point? Do I have a motion?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg to authorize to enter into a utility easement
encroachment agreement with Loudoun County and DC Sports Facility Entertainment, LLC. Is there a
second?
Council Member Campbell: Second.
Mayor Burk: Council Member Campbell, second. All in favor indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed?
Vice Mayor Martinez: Aye.
Page 141 December 8, 2020
Mayor Burk: Thank you. All right. That takes us to resolutions and ordinances. This is a public art
exhibit. This is approval of a public art exhibit at Town Hall by Toni Plazibat. I probably said that
incorrectly. Is there a motion?
Council Member Fox: So moved.
Mayor Burk: So moved by Council Member Fox. Second?
Council Member Steinberg: Second.
Mayor Burk: By Council Member Steinberg. Any questions or concerns at this point? All in favor
indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? Passes six zero. We have a December 8th public hearing on 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 at the sheet in the hallway outside of the Council chamber.
If you did not get the opportunity to sign up, we will give you the opportunity to speak.
We also will provide remote public participation for callers on the phone or on Webex. In all cases,
please identify yourself, and if comfortable, give your address for the taped record. Please spell your
name for closed captioning. In the interest of fairness, we ask that you observe the five-minute time
limit. For those participating in person and on Webex, the green light in front of you 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 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 the group, the Council will
allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers when
they sign up to indicate their status as a spokesperson and the group they represent and the request
for additional time.
Our procedure for the public hearing is as follows. First, there's a brief presentation by staff about the
item before us. Second, members of the public 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 for TLOA-2020-
0008 Vending Kiosks Zoning Text Amendment. All right. Do we have someone from staff?
Mike Watkins: Madam Mayor, Members of Council, good evening. Before you is a continuation of the
Vending Kiosks Text Amendment. Vending kiosks. The Council remanded this amendment back to the
Planning Commission on October 27. The effect of the amendment will define the vending kiosk as an
accessory structure, and it also creates use standards that address size, location, number, hours of
operation, and maintaining adequate pedestrian circulation.
The Planning Commission was charged with answering three questions from Council. Should there be
a maximum number of vending kiosks? Should there be a minimum amount of existing building square
footage? Then lastly, where should kiosks be located?
At their meeting on November 19th, the Planning Commission made the following recommendations.
The Planning Commission recommended a maximum of five vending kiosks per site. That the site has
an existing development that includes 500,000 square feet. Vending kiosks should be prohibited from
parking facilities.
Page 151 December 8, 2020
Then they added two more recommendations. One that the vending kiosks be no taller than 10 feet in
their height and that signage be limited to 9 square feet. I've included a motion for you for your
consideration. I'm happy to answer any questions that you may have.
Mayor Burk: All right. Mr. Campbell, do you have any questions?
Council Member Campbell: Yes, just one. The question was, should be a minimum amount of existing
building square footage? The recommendation was existing development must include 500,000 square
feet. What if it's a new development and it's only 200,000 square feet? Could the number of kiosks be
lower?
Mike Watkins: We want to apply what the comprehensive plan for the unified site development plan
included as its maximum density. That site plan would have had to have approved for a minimum of
500,000 square feet.
Council Member Campbell: Okay, thank you.
Mayor Burt Ms. Fox?
Council Member Fox: That was my question, too. Anything is 500,000 square feet or more is what
we're talking about. I agree with the five kiosks. I think I agree with what the Planning Commission has
recommended. Thank you.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Yes. At the outlet mall now, are there not six kiosks?
Mike Watkins: There are.
Council Member Steinberg: Okay, how do we deal with that?
Mike Watkins: If the ordinance is approved as drafted, then they would have to reduce the number of
kiosks, or Council would need to amend the draft text that's before you this evening.
Council Member Steinberg: The questions I'm going to ask you are basically if you can glean what
was the Planning Commission's reasoning, five versus six would be one. Since the kiosks are within
the confines of the outlet mall, which is the only qualifying development as yet, I'm wondering how they
came to the 9 square feet for the signage versus 12 and the height of the kiosks. Then finally, what's
the difference between a stall versus a kiosk? We have signage, height, and definition.
Mike Watkins: Right. I think in terms of the signage, they wanted to minimize the amount of signage
generally. The recommendation was to reduce it from 9 to 12. In terms of the height, I think they were,
again, trying to minimize the appearance and presence of the kiosks. I actually went out to the outlet
mall and measured them myself, and all of them would comply with that height limitation. In terms of --
you asked three questions.
Council Member Steinberg: Kiosk versus stall.
Mike Watkins: Okay. Kiosk versus stall. They're one and the same. Any kind of accessory structure
that's not a principal structure that's vending selling goods would be considered a vending kiosk.
Council Member Steinberg: In reading the report, it said a few of the Commissioners thought we
needed specific, lang-- you should change language from kiosk to stall. I was just wondering what the
reasoning was there.
Page 161 December 8, 2020
Mike Watkins: When the Planning Commission makes a corporate decision that's communicated to
Council and then, in some instances, where there's a minority of Council Members meaning more than
one, we include their recommendations as well. I think the one suggestion was redefining the term
vending kiosks to something else. It wasn't necessarily creating a dual or separate definition. It was
looking at the definition and calling it something different than vending kiosk.
Council Member Steinberg: Then finally, in this case, the property owner of the outlet mall, did they
have any comments or insights in terms of square footage of signage and the height of the kiosks? Did
they offer any input there?
Mike Watkins: Good question. The text amendment was duly advertised. The property management
for that mall is keenly aware and has participated in the process, but because they are not the applicant
in this application, they're fully aware of what's before Council this evening.
Council Member Steinberg: I see. Okay, thank you.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: What was the vote on the Planning Commission?
Mike Watkins: It was a unanimous decision, sir.
Council Member Fox: It says six -one.
Vice Mayor Martinez: Would it be okay to grandfather in the outlet mall since they have six versus
five? I don't like the idea of forcing somebody to abide by new regulations when they, in good faith, had
done what they did. I would not comfortable having the outlet mall take away one of their kiosks just
because of this new regulation.
Mike Watkins: Council Member Martinez, I would recommend that you increase the minimum number
or maximum number of permitted structures. Codifying or including an exception with the text
amendment isn't the normal practice. However, it is your discretion to include that in the ordinance. I
would recommend that if you're concerned about the number of permitted vending kiosks that currently
exist, that you amend the ordinance to include the number that you wish to permit.
Vice Mayor Martinez: Thank you.
Mayor Burk: Mr. Dunn?
Council Member Dunn: I was under the impression that the outlet mall was looking to expand the
number of kiosks. Is that correct?
Mike Watkins: They currently are. It's a separate application, so working in tandem is a text amendment
to permit this type of structure. Then a separate application as a rezoning application to amend the
square footage of the building limitation that currently exists for the outlet mall. That's a separate
application.
Council Member Dunn: Do you know what the number of kiosks they're looking to expand to?
Mike Watkins: I believe their desire is 10 kiosks.
Council Member Dunn: 10, okay. I thought that's what it was. I'm also a little concerned about arbitrary
limiting number of kiosks, especially when we were talking about, basically, an enclosed mall. This
ordinance is not suggesting that kiosks are going to be out by the side of the road or that kiosks are
going to be allowed in the parking lot.
Page 171 December 8, 2020
I would think that this is something that the market should determine how effective the kiosks are for
the property owner, and their current renters, meaning retailers in most cases, would communicate to
the property owner whether they are accepting of the number of kiosks. I find it amazing that we have
so many talented people on the Planning Commission that are now aware of all mall design standards
and the effects of marketing within malls.
I think that just coming up with an arbitrary number because they think five sounds good or opposed to
six, and definitely going to be opposed 10. I just don't think that's right for us to be imposing such a
restriction that really the market will pose the restrictions on it. They'll either accept the fact that they
like kiosks in their shopping experience or don't like kiosks in their shopping experience.
I can't support the five or the six. I think that 10 is reasonable, but frankly, unless staff has a better
suggestion on what the number could be as a by -right, and then allow for a special exception for other
numbers. How do any of us know what an acceptable number of kiosks are inside a mall?
That is just so much opinion being thrown out there. Unless there is a safety issue and the staff has
whatever the Fire Marshal determines would be adequate access, or if there's ADA compliance or
issues where there is restrictions on ADA due to kiosks, I would rather hear that be the limiting factors
rather than us just saying, hey, we think it should be five.
Just because we like to restrict things. If staff has any comments based on the comments I made, as
far as Fire Marshal or ADA compliancy, and if they did any analysis as to that when the numbers were
formulated as to the limits of kiosk.
Mike Watkins: Council Member Dunn, in response, the only site analysis that we did was to ensure
that we maintain pedestrian access around the kiosk. To answer your question, no, we didn't go parcel
by parcel or look at all developments in Town that have 500,000 square feet or more. That's all I have
in response to that.
Council Member Dunn: Did we specify that the kiosks are not in the parking lot or they cannot be
fronting on road? Is that in there?
Mike Watkins: Yes, sir. The ordinance was amended so that it prohibits vending kiosks within parking
facilities.
Council Member Dunn: Okay, thank you. I would rather see us allow for more kiosks. It seems like a
lot of square footage. I would like to see more kiosks added to this resolution, otherwise, I can't support
it just limiting it to five or six. Thank you.
Mayor Burk: Thank you, Mr. Dunn. I have a couple of questions to clarify. I'm confused. On page two,
it says there's currently eight kiosks at the Leesburg Premium outlet mall. I thought we said there were
six.
Mike Watkins: There's actually eight. Two of them are unoccupied, meaning that they're there, but I'm
not so sure that they're being used. How do I describe it? It's not the shed light structures that are out
there. They're more of the kiosks that have things that hang and you close shutters to enclose the kiosk.
Mayor Burk: But they have eight of them? What are we trying to decide now?
Mike Watkins: The maximum number.
Mayor Burk: Of kiosks?
Mike Watkins: Correct. Regardless of what's actually out at the outlet mall, the ordinance was drafted
because we did not cater the ordinance to any specific site in Town. These were general regulations
that would be applied across the board. The number that was initially proposed was five given the
Page 181 December 8, 2020
context of where we know that they are at. The question was remanded back to the Planning
Commission and the Planning Commission reaffirmed their position and a recommendation of five.
Mayor Burk: Will they have to take three down?
Mike Watkins: If Council approves the ordinance as drafted, yes, ma'am, or you have to change the
ordinance this evening to increase the maximum number of permitted kiosks, which you can still do.
Mayor Burk: Right. It makes no sense for us. They're there, whether they're being used or not be there.
We're going to say, no, you have to take them down? Gosh, I don't know. All right. I'll think about that a
little bit more. We're doing the numbers, the height, and the square footage? I'm sorry to be obtuse
about this.
Mike Watkins: That's all right. The ordinance includes 11 performance standards. Would you like me
to go through each of those real quick?
Mayor Burk: If you could do it quickly, yes.
Mike Watkins: Yes, ma'am. Number one is the total number. Number two is the size. Number three is
a prohibition of their location, so not in parking facilities. Number four is that they maintain a pedestrian
path of six feet around the kiosk. That kiosk only operate during normal business hours. That they
cannot be connected to public water and sewer.
That they obtain necessary Health Department permits. Have the written consent of the shopping center
management or property owner. That the zoning permit shall include a scale drawing of their location.
The kiosk be permitted signage no greater than nine square feet, and that they not include additional
light or sound amplification.
Mayor Burk: All right. It makes no sense to me. I'm sorry. I don't get why you would possibly make
them take three down. That seems so arbitrary.
Mike Watkins: Yes, I get it. It's just a staff recommendation.
Mayor Burk: All right. Anyone else have any additional questions at this point? Yes. Ms. Fox.
[crosstalk).
Council Member Fox: [inaudible] you have temporarily sometimes in parking facilities around Town.
How is this different?
Mike Watkins: They're actually defined differently in these Zoning Ordinance. There are firework stands
that are defined in the ordinance.
Council Member Fox: Stands. Words matter.
Mike Watkins: Yes, ma'am.
Council Member Fox: All right. I have to agree. You're saying all eight of these kiosks are not in use,
just six of them are, and they're still asking for more, correct?
Mike Watkins: Correct.
Council Member Fox: Thank you.
Mayor Burk: But they have been used in the past?
Mike Watkins: Yes, ma'am.
Page 191 December 8, 2020
Mayor Burk: Yes, right now, they're just not. Yes, Mr. Steinberg.
Council Member Steinberg: Did the Planning Commission differentiate between the different types of
kiosks the more permanent type structure versus the one you just described?
Mike Watkins: No, sir. The way the ordinance was drafted is that you have the ability to purchase
something that may have been pre -manufactured. I wish I had a picture to show you or what's most
common out there at the outlet mall today are the prefabricated sheds. We did not specifically craft a
style or type of vending kiosk that you can install, other than the square footage and the size.
Council Member Steinberg: While I agree, we don't want to micromanage. We still have to start
somewhere or we have to have some kind of standards. Let's say, for argument's sake, we pass an
ordinance tonight or amendment tonight that says six, but we have an existing situation. Can that
existing situation be grandfathered in? It cannot.
Mike Watkins: No, sir.
Council Member Steinberg: How would then the outlet mall deal with? They would have to either
remove three, or is a special exception possible? I don't want to put them in the position of an expense,
of course --
Mike Watkins: Per the suggestion Council Member Dunn, Council could incorporate a provision that
gives a certain number by right and anything more than that would be a special exception. That can
certainly be incorporated in the ordinance.
Council Member Steinberg: Well, fine. In that case, since we have an existing situation of eight, I'm
not quite sure how at this stage we can ask the outlet mall to tear things down or put them in a position
where they have to somehow make the three legal. Since everything is within the confines, in all cases,
it seems to me of a given development, then I would suggest we amend to eight to cover this particular
situation. Thanks.
Mayor Burk: No one else at this point. All right. We need to hear from the public. Is there anybody that
signed up? No one from the public has signed up to speak. Is there anybody online or--?
Keith Markel: Mayor Burk we do have one gentleman on the phone here to speak with you this evening.
John Dionis is online. I'm going to unmute you and you'll have five minutes to make your comments.
John Dionis: Good evening, everyone. Thank you for addressing this. I did have the opportunity to
speak the last time it came in front of you. I think I do have a question though, to start with briefly in
conversation with Scott Parker. Is it my understanding that this evening we are creating the opportunity
for us to come in for approval or will this give approval for the unit?
Mayor Burk: This will be giving the approval, right? Am I correct on that? We will set the standard at
this point.
Mike Watkins: Parallel tracks. The issue today is the fact that the kiosks were erected without
permission and without the performance standard. The outlet mall has limitation on building square
footage. The one to approach is let's create the text amendment phrase, the opportunity to ask the
refinement of the proffered conditions for the outlet mall is the separate application that Mr. Parker is
the project manager for.
Mayor Burk: Right. We're not talking about that tonight?
Mike Watkins: No, ma'am.
Mayor Burk: We talking about the text amendment and setting the standards?
Page 201 December 8, 2020
Mike Watkins: Correct. It would be applied uniformly in the Town.
Mayor Burk: Right, okay.
John Dionis: Thank you. That means that we would and plan to bring our application on January 26th
and request the 10 kiosks. As you've stated, six have been operating for at least --
Mayor Burk: Wait a minute. Excuse me. Was his statement just correct, that he will be coming back in
January to ask for the 10?
Mike Watkins: Again, the rezoning application has been in process. The Planning Commission has
made their recommendation and the public hearing I believe is scheduled for that item in January.
Mayor Burk: Let me make sure everybody understands. We are talking about doing the text
amendment right now that sets the standards, but they're going to come in and ask for whatever number
they want in January.
Mike Watkins: Yes, ma'am.
Mayor Burk: Sorry, Mr. Dionis, I didn't mean to interrupt you on that, clarify that.
John Dionis: No, no [crosstalk]. That's very important because tonight I just want to be able to create
the opportunity for us to come in for our requests of 10. It is not given to you this evening that are
approved. That's very important because I want to be able to present the case that 10 is not
overwhelming the center.
We have, obviously, if you've been to the center recently, completed a comprehensive common area
renovation where there's a fire pit in one vein court. We have a pergola and seating area in another
court in front of Nike. There's a playground we created. There's an excellent outdoor eating space that
we've created in another space.
It's a very long center. I've explained this to some and the Mayor that it's food opportunities that are
apart from the food court for just casual rest as people do their shopping, create a great gathering place
in some areas. It's a very long center, it can easily support that. Obviously, with the six operating for so
long, I don't see that have been any adverse reactions to the current situation.
I think that it also provides the small business opportunity for an individual to try a business or a product
because it's a low -investment threshold in an environment that offers opportunity with customers. I
would love the opportunity to make my case on January 26th for all 10. That's what I'd like to request
this evening.
I can show you with pictures and with diagrams that it is a big center. It is a center that we put a major
investment in. I think this will provide for an experience that is commensurate with the expectation of
being at our outlet center. I thank you very much for your consideration this evening.
Mayor Burk: All right. Thank you. Is there anybody else in the audience that didn't sign up that would
like to speak at this point? All right. Then I will close this public hearing. Is there any additional questions
or does Council desire to make a motion at this point? Yes, Mr. Steinberg.
Council Member Steinberg: Yes, just a comment. Based on what staff just said in the presentation in
the public hearing, I would basically reverse what I just said. I'll bow deference to the Planning
Commission's recommendations given that basically this application is coming to us to remedy the
outlet mall's position. Anyway, and I think this is the Planning Commission's recommendations then,
represent a good baseline for future development.
Mayor Burk: All right. Anyone else? Mr. Campbell.
Page 211 December 8, 2020
Council Member Campbell: If we don't change the recommendation from five, coming forward in
January is a moot point.
Mayor Burk: Right.
Mike Watkins: Thank you for asking the question. Again, tonight, you're establishing the standards.
The application in January is the rezoning application that is intended to address a limitation on building
square footage. Tonight, you're going to establish the maximum number of kiosks committed on any
property in Town, regardless of the separate application that's coming to you in January.
Mayor Burt It has to have a certain square footage, right?
Mike Watkins: Correct. Any property that has --
Mayor Burk: It's not any property in Town. It's any property with --
Mike Watkins: Yes, Ma'am. That has the 500,000 square feet.
Council Member Campbell: The number could always be less than 10, obviously?
Mike Watkins: Yes, sir.
Council Member Campbell: The only thing that we can do tonight is either accept the five or modify
the recommendation to be 10?
Mike Watkins: Yes, sir.
Council Member Campbell: Of which I would be in favor of modifying.
Mayor Burk: Did you actually make a motion?
Council Member Steinberg: No.
Mayor Burk: Okay, good.
Council Member Dunn: Madam Mayor?
Mayor Burk: Yes.
Council Member Dunn: Could I offer one suggestion before we put a motion forward? One kiosk for
100,000 square feet seems like a small number. I think to just come up with a number, we're going to
have a number of requests coming to us. I would recommend that we consider setting the kiosk
proportional to a square footage that is smaller of the whole. For example, one kiosk for every 50,000
square feet or 25,000 square feet.
Then that way, and if we want to, we can say with a maximum of 20 kiosks or 15 kiosks, if we're
concerned about too many kiosks. Again, I think the square footage would be a better measurement
than just saying a building or a property of 500,000 square feet gets five. That would be my
recommendation is determining the square footage of say either 25,000 or 30,000 or 50,000 square
feet per one kiosk.
Mayor Burk: All right. Does anybody have a motion they would like to make at this point, Mr. Steinberg?
Council Member Steinberg: I don't have the motion in front of me.
Mayor Burk: Well, let's see.
Page 22] December 8, 2020
Council Member Steinberg: We have it from the board. We'll start with this. I move to approval of the
proposed Zoning Ordinance Amendment TLOA-2020-0008 with the following amendments based on
the findings that the amendments further the objectives of the Town Plan and that the proposal would
serve the public necessity, convenience, general welfare, and good zoning practice.
Mayor Burk: Is there a second?
Vice Mayor Martinez: May I? I'll second but then I may offer a friendly amendment.
Mayor Burk: All right. You are seconding. Sorry, I am looking through all the different papers I have. It
was moved by Mr. Steinberg, seconded by Vice Mayor Martinez. Mr. Martinez, you had an amendment
you wanted to add to it?
Vice Mayor Martinez: Right. I would go along with that resolution except with the clause that if they
need more than five kiosks, that it'd be done through special exception.
Mayor Burk: All right. Anyone else at this point?
Council Member Fox: I think I have a question.
Mayor Burk: Yes.
Council Member Fox: Just a quick question.
Vice Mayor Martinez: Did Neil accept it?
Mayor Burt Did you accept it?
Council Member Steinberg: As long as it's doable, I accept it, yes.
Mayor Burk: Go ahead.
Council Member Fox: Would the following amendments-- I don't see any following amendments. Are
those the 10 points? Should those be written out?
Mike Watkins: I had a premonition that you all we're going to change the ordinance as drafted. That's
what you're discussing right now are the amendments?
Council Member Fox: I can't remember them all. I was just wondering if --
Mike Watkins: The amendments would be any friendly or --
Mayor Burk: Addition to the kiosks.
Council Member Fox: Oh, gotcha.
Mike Watkins: [crosstalk] amendments, the draft text. Yes, Ma'am.
Mayor Burk: The other thing [crosstalk].
Council Member Fox: I agree with having a baseline and then the rest special exception as well. I'm
hearing that they already have eight though, but they have to ask for a special exception on three the
ones they already have. Okay, that's my question. Thanks.
Mayor Burk: Anyone else? Mr. Campbell.
Page 231 December 8, 2020
Council Member Campbell: I guess just a couple of points. One is, I wasn't hoping to just get this deep
tonight, but this is a business. It's an operating business and not just a residential, or just a blank
commercial landscape that we're dealing with. It's not measured in success of a business in square
footage is measured in how well they're able to use their space to create revenue, to create amenities,
and to create opportunities.
Again, if you have been by there recently, even to refresh. This is the first big refreshment I've seen of
that outlet mall in almost 20 years. Those are, I think, strategic business plans. Tonight, I don't know
that we're ready to move on this if we're not willing to accept what the Planning Commission has
recommended and believed that other insights need to be engaged.
Everything can't be monitored through a special exception when we're being asked to approve a rule
and not exceptions within a rule. I don't feel that this Council is very prepared to make this decision
tonight under these kinds of circumstances.
Mayor Burk: To some extent, I agree with Mr. Campbell in that a business isn't about the square
footage, it's what it produces and how it works. I think it's unreasonable to expect a business that has
eight kiosks now would have to do a special exception, which is a very expensive endeavor to get back
their three kiosks that they've had for 20 -some years or however long they've had them.
I don't know how long they've had them. That just doesn't seem reasonable to me. The other thing is
this only applies to this one piece of property. We don't have a large mall anywhere else. It applies to
this one piece of property.
You're limiting this rather large piece of property to five, I don't know why we're being so arbitrary about
it, and so I couldn't support limiting it to five and do it as special exception. I think you're making a very
arbitrary decision on someone's business plan that already has the structures there, and I don't think
that's fair. I can't support this at this point.
Council Member Fox: Madam Mayor.
Mayor Burk: Yes.
Council Member Fox: Could we --
Council Member Dunn: Madam Mayor.
Mayor Burk: Just a moment, Mr. Dunn, Ms. Fox is speaking.
Council Member Fox: Could we change and amend it to the eight because it's existing? In essence,
we'd be grandfathering anything above eight special exception.
Mayor Burk: You could do that.
Council Member Fox: I would like to make that motion then.
Mayor Burk: Would you accept eight?
Council Member Steinberg: I have a comment first before I accept anything. I have a comment and a
question. I think since it's my motion, I would be entitled to that at this point.
Mayor Burk: I'm just asking, not at this point. You have to say to me, will you accept it a friendly
amendment?
Council Member Steinberg: No, I will not.
Page 241 December 8, 2020
Mayor Burk: You can make your motion. You can make a motion.
Council Member Steinberg: Separate motion.
Mayor Burk: Pardon me?
Council Member Fox: I'd like to go ahead and make that motion then. I agree after seeing this, that if
there's already eight there, it would be counterproductive to-- [crosstalk]
Mayor Burk: You're making a motion? I'm sorry. I don't mean to interrupt you, but I'm just trying to
clarify. You're making a motion to support all of the standards, with the exception of changing from five
to 10, the number of kiosks?
Council Member Fox: Five to eight.
Mayor Burk: Five to eight?
Council Member Fox: Then anything above eight, special exception.
Vice Mayor Martinez: I'll second.
Mayor Burk: Council Member Fox made that motion, seconded by Vice Mayor Martinez. Do you have
anything more you want to say on it? Mr. Martinez, do you want to say anything on this?
Vice Mayor Martinez: No, I think that's reasonable with the grandfathering in.
Mayor Burk: Mr. Steinberg, you now may say.
Council Member Steinberg: Question and comment. One question for staff. The kiosks that are
currently in existence came about under what process?
Mike Watkins: One of the kiosk owners came in to get a business license. During the process of
confirming a business license, we make sure that there's the zoning approval for that use. That's where
we discovered that with the installation of the kiosks, because we don't have anything defined for that
use, they were generally accepted as additional building square footage and therefore conflicted with
the proffered limitation of building square footage for the outlet mall. That's how it was discovered.
Council Member Steinberg: Is that a shortcoming of the Town or the mall owner?
Mike Watkins: The Town was never contacted prior to the installation of the kiosks.
Council Member Steinberg: To a certain extent, this is indeed the responsibility of the mall owner in
the first place. The only comment I would make, I would take some issue with Councilman Dunn's math,
in terms of square footage. It may be a 500 -square foot mall, but we're talking about space that is not
enclosed within enclosed rentable spaces. This is open space. Is that not correct?
If they wanted to put kiosks inside of every store, they could do so, correct? This is space exterior to
the usual retail spaces. It's an auxiliary use, so I think it's faulty to apply the math of one kiosk per
100,000 square feet, because there are not that many open square feet inside the mall. Thanks.
Mayor Burt All right, so we have a motion, and it's seconded by --
Council Member Dunn: Madam Mayor?
Mayor Burk: Yes. Mr. Dunn.
Page 251 December 8, 2020
Council Member Dunn: I can speak to the motion?
Mayor Burk: Yes.
Council Member Dunn: I mentioned earlier, Neil, a square footage as throwing out an example. As
you know going to malls, there's a square footage of the mall and then there's store frontage and size,
and then there's hallways and corridors and open areas. That's where the kiosks generally go.
Again, with this area, I think that we need to ask ourselves before we decide on this, and I would ask
you to consider, Suzanne, if you are willing to go ahead and let them go to 10 with a special exception
coming in. They're still going to experience that expense. Why not go ahead and just make it 10 now,
save them the hassle coming in, unless this Council is planning on denying the other two?
If you're going to accept the eight, why not accept the 10 that they're looking for, and then just make it
as 10 is the number for a 500,000 -square foot operation? Then you don't have to deal with, as Neil put,
making it one per 50,000, just is 10 per 500,000. Then you could maybe say to this business owner,
which is a very good partner with the Town of Leesburg and give him the give them the opportunity to
move forward and start doing business right away.
The other question I have for staff is that, should we not pass this resolution tonight, this ordinance
tonight, does that make all their kiosks out of order over the five that they originally were granted, I
guess when they first opened? Does it make the other one or three out of compliance?
Mike Watkins: It makes all of them out of compliance, because we do not have this type of use and
structure defined in the ordinance currently.
Council Member Dunn: If we do not pass this tonight, all of their kiosks are out of compliance?
Mike Watkins: Yes, sir.
Council Member Dunn: Obviously, we need to pass something tonight, unless we are willing to
sacrifice this business over a regulatory issue. I would ask Suzanne to consider the 10, which they're
going to be coming back and asking for that. Unless of course, Council does not want to grant them the
other two. The expense will be there if they're adding one or 20, they will still have to go through the
cost of a special exception, if we don't just go ahead and say 10 tonight. Thank you.
Mayor Burk: Do you accept that as a friendly amendment?
Council Member Fox: I don't think so. I think with the eight that they already have, I feel like that that's
fair. With the Planning Commission's recommendation of five, I felt like there was good, it was a good
baseline, but the eight that are there, we don't penalize them for that. I think that's a good baseline and
special exceptions from there on out.
Mayor Burk: Then we have a motion to accept the changes to the Zoning Ordinance. The text
amendment to the zoning, but amending it to accept eight. After that, they go to a special exception,
correct?
Council Member Fox: Yes.
Mayor Burk: All in favor, indicate by saying, Aye.
Council Members: Aye.
Madam Mayor: Mr. Campbell, Ms. Fox, Ms. Burk, Mr. Martinez. Opposed?
Council Member Steinberg: Nay.
Page 261 December 8, 2020
Mayor Burk: Mr. Steinberg. Mr. Dunn, how are you voting?
Council Member Dunn: Abstain.
Mayor Burk: Four, one, one and the four were Mr. Campbell, Ms. Fox, Ms. Burk and Mr. Martinez.
Abstaining was Mr. Dunn, and oppose was Mr. Steinberg. Thank you.
The next one, we have another public hearing. I call to order this December 8th, 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'll give you the opportunity to
speak.
We will also provide remote public participation for callers on the phone or on WebEx. In all cases,
please identify yourself, and if comfortable, give your address for the taped record. In the interest of
fairness, we ask that you observe the five-minute time limit for those participating in person or on the
WebEx. The green light in front of you 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 has expired. Under the rules
or the orders adopted by this Council, the five-minute time limit applies to all citizens. However, rather
than have numerous citizens present remarks on behalf of the Council or group, the Council will allow
a spokesperson for the group a few extra minutes. In that instance, we would ask speakers when they
sign up to indicate their status as spokesperson, the group they represent and a request for additional
time.
Our procedure for the public hearing will be as follows. First, there's a brief presentation by staff about
the items. Second, members of the public that signed up to speak will be called to get five minutes for
their comments. The public hearing on this item on the agenda tonight is TLOA 2020-0007 Gateway
District Design Guidelines. Hello?
Lauren Murphy: Thank you. Good evening. Madam Mayor, and Members of the Town Council. I am
Lauren Murphy, the preservation planner for the Town of Leesburg. As the Mayor has indicated, we are
here tonight to give you a brief overview of TLOA 2020-0007 Gateway District Design Guidelines.
As a brief reminder, we have been before you several times in recent years, regarding the Gateway
Districts. Most recently, the Council did adopt in the fall of this year, the Streetscape Plan. Earlier in the
summer of this year, the Zoning Ordinance amendments to begin implementing the Gateway District.
This is the final piece of that plan to implement the Gateway District Design Guidelines and the
ordinance amendment you're considering tonight is to incorporate them by reference into the Zoning
Ordinance.
A brief background on the design guidelines. The Town has given the statutory authority under 15.2-
2306 of the Code of Virginia to create historic districts, which include historic corridor districts, which
the Gateway District would be classified as. The Zoning Ordinance, which as I mentioned, you adopted
in the summer of 2020, I believe it was July, is Zoning Ordinance section 7.12. The guidelines are
specifically referenced in section 7.12.4 of the ordinance. As of right now, the ordinance references, the
previous H-2 corridor design guidelines, and this ordinance amendment would then also insert the new
Gateway District Design Guidelines, which are in front of you tonight.
As far as the usage of these guidelines will be primarily used by the Board of Architectural Review, the
Preservation Planner, and our applicants, which are submitting Certificates of Appropriateness for
review by the Town. We also, as I mentioned, still continue to have the H-2 District Guidelines. Those
will be continued in use for applications where they were proffered to be a part of the H-2 district unless
than until those applications proffer to be in the new Gateway District. We will still have the H-2
guidelines. We will continue to use them for a small subset of parcels in the Gateway Districts.
Page 271 December 8, 2020
As a reminder, this is the Gateway District. You see the old and historic district in yellow on this map
and the revised Gateway Districts outlined in red, the original H-2 Districts in blue. As I mentioned at
the start, this is incorporating these design guidelines by reference into the Leesburg Zoning Ordinance.
This is an old cover, but it does give you a feel for the different subject areas that the guidelines cover.
I'll go over them briefly. There's a lot to soak in from these guidelines. They're quite a large document,
so I won't go over everything tonight, but it's broken down into essentially five chapters. The first one
being the introduction, it speaks to the overall intent of the Gateway districts, why it was created by the
Town, and the importance of these corridors leading into the old and historic district. Additionally, it
gives the background of the district, including the previous H-2 and how the two are different. It also
offers a how to use the guidelines.
From the introduction we move into the site design section. It includes things like pedestrian connectivity
between building sites, building siting and location, the appropriate site designed for parking lots and
public spaces. Some guidance regarding screening and landscaping and then other design details like
utilities and lighting.
For the building design chapter as you may have noticed if you've flipped through it, this is the bulk of
the document. It includes pretty much everything that we could think of. It does have a small section on
how to treat existing structures, including making smaller updates to them when a full-scale
rehabilitation isn't possible. It includes a very large section on new construction, which is how to do
appropriate massing and articulation for new buildings, which will be located within the Gateway district.
Then it also includes special sections for some subsets of new construction, such as corporate or
trademark designs and of course, single-family.
The last chapter that really contains the guidelines in this document are the sign guidelines, this included
new guidelines for placement, shape, design. Special sections, again, for corporate logos, and then
guidelines for materials, color, lighting, etc. Then the final chapter, which I didn't give you a slide on is
the ever -exciting glossary. There really isn't much to say about that other than it helps define the terms.
Prior to this Council review the H-2 working group, which was appointed by the Council, worked
tirelessly on the draft text and reviewing subsequent edits from BAR members and Planning
Commissioners. There are several of the H-2 working group members here with me tonight. I would
take a brief minute to just thank them for their service, because they met for very many hours in very
many meetings in the middle of a pandemic to get this text in front of you tonight. Thanks to them.
The BAR has also reviewed the document and we'll see a final formatted version tomorrow at their
meeting. The Planning Commission endorsed this document with a recommendation for approval at
their meeting on November 19.
The Zoning Ordinance approval criteria are contained in section 3.2.5 of the ordinance, first is to
implement the goals of the Town plan, which we believe this does. Then it's to also include the design
requirements in the Zoning Ordinance. That's specifically noted in the Town plan. That's what we're
hoping to achieve.
As I noted the Planning Commission and the H-2 working group have recommended approval.
Following the Council hearing, tonight, it would be eventual adoption of the ordinance approving this
ordinance amendment. There are some reconciliations of other chapters of the Zoning Ordinance,
which would need to follow. References to the old H-2 Guidelines would need to be updated, for
example, to include the Gateway District Guidelines as well.
There are also some potential future amendments that have been requested by the Planning
Commission, for example, to include open space design criteria in the Gateway District ordinance. Then
also a potential direction from the Council to Town staff to include some site design policies in the Town
plan update, which is, of course, ongoing. There are draft motions in your packet, they're summarized
here on the screen for you. That is all I have and happy to answer any questions.
Page 281 December 8, 2020
Mayor Burk: All right. Thank you. Mr. Campbell, you have any questions? Ms. Fox?
Council Member Fox: Sure. A couple of questions. I remember, with my time as liaison to BAR, there
are some times things in the H-2 came across the BARs desk and they opined on them, if I remember
correctly, please, correct me if I'm wrong. They said that they can opine on them, but there's no purview
for them in the H-2. Is that correct or no?
Lauren Murphy: They do have the same authority to review alterations to structures in the H-2. There
are some things such as landscaping or smaller building alterations, which are not specifically listed in
the Zoning Ordinance as requiring review in the H-2. Whereas, in the H-1, we looked at everything,
including sidewalks and walkways and fences and gates. Those things might not necessarily require
an overview in the H-2. They will require a review in the Gateway. [crosstalk]
Council Member Fox: This expands the BAR's purview into the H-2 basically?
Lauren Murphy: I would say it expands the certificate of appropriateness review for the Gateway
District, but the new ordinance which was adopted again back in the summer provides a lot more
opportunity for the Preservation Planner and my office to look at things. I wouldn't necessarily say it's
expanding BAR review. Sometimes things might go to the BAR that hadn't before, but now we'll also
have the ability to approve things administratively that we don't currently have the ability to approve
today.
Council Member Fox: Where does the Planning Commission fit into all this?
Lauren Murphy: Same as it is today, the Certificates of Appropriateness would only be reviewed either
by the Preservation Planner or by the Board of Architectural Review, and they would come to the
Council on appeal.
Council Member Fox: The Planning Commission has no purview over the--? [crosstalk]
Lauren Murphy: No, over Certificates of Appropriateness. They did recommend approval of the
ordinance amendments, to incorporate this by reference in the ordinance, just like any ordinance
amendment required a review by the Planning Commission. They did recommend approval of the
document in that fashion, but they won't actually use the document to approve Certificates of
Appropriateness in any way.
Council Member Fox: Okay, thanks.
Mayor Burk: Mr. Steinberg?
Chris Spera: [inaudible] Am I on? Can you hear me okay?
Mayor Burk: I can hear you.
Chris Spera: To directly answer your question, the Planning Commission is essentially the custodian
of the Zoning Ordinance. Because we're making a change to the Zoning Ordinance, they had to bless,
endorse, choose your term, the change, but then their role ends. From a regulatory perspective, their
job is to make sure that the Zoning Ordinance is only amended in a manner that they recommend
approval for. That was their role. They don't have an ongoing role with respect to oversight a regulation.
I just didn't [crosstalk] [unintelligible] and staff.
Mayor Burt Mr. Steinberg?
Council Member Steinberg: Yes, Lauren, thanks for the presentation. You mentioned there are some
areas where the H-2 will still apply. Can you explain that?
Page 29] December 8, 2020
Lauren Murphy: Yes. There are some instances where property are specifically proffered to be part of
the H-2 Historic Corridor, Overlay District. They are, therefore, allowed and entitled to keep that set of
district guidelines, so we will continue to review those. Brian, I don't know if you know, off the top of
your head, how many, but-- [crosstalk]
Council Member Steinberg: That's okay, but something like Oaklawn or areas like that.
Lauren Murphy: Exactly. Anybody who had proffered specifically to be part of the H-2, would remain
in the H-2, unless and until they amend their proffers to then proffer to the Gateway District.
Council Member Steinberg: Not likely, we'd have situations of overlap that have a Gateway and an
H-2?
Lauren Murphy: Correct, yes. You would be one or the other.
Council Member Steinberg: All right. Thank you.
Mayor Burt Mr. Dunn?
Council Member Dunn: Yes, thank you. I think that this is a good start. Like many of our regulations,
we have to work on them. I think that this still needs work, but I'm not suggesting this for tonight and
I'm willing to pass this for tonight.
If we're going to see true success in this area, you need to remove the BAR and this extra process of
having to go through review by the BAR. I think that and I'll mention without saying his name, but I'll
mention his position as the Vice Mayor, I know that he and I have been pushing for design standards
and a form -based code type of standard for a long time. We have that opportunity before us now to
make that our regulatory process, not a special review that applicants have to go to. It just needs to be
part of the system that when they comply with it, and they bring forth their applications that the Planning
Commission is doing a review of that and not the BAR.
We have had issues with the BAR reviewing H-2 forever. They were designed to work within the
constraints of the Historic District, I think that's where they do their job best. For those who have been
around a while, there was even an attempt at one point to have a BAR for the Historic District and a
BAR for the H-2.
My recommendation in the long run. I'm not saying hold this up by any means now, but everywhere
where you see BAR review in this document, it needs to be replaced with the Planning Commission
and that this just becomes the standard by which we look at all of our applications. Not that this requires
some special certificate that the BAR has signed off on, which just makes for another step for an
applicant to go through.
The idea through form -based code is that the applicant is being awarded by giving us the designs and
the beauty that we want to see as a community in exchange for a reduced and streamlined regulatory
process. If we want this to fail, just like the Crescent District failed, where we've created a huge
regulatory morass and design guidelines, then that's what this has been set up for.
I recommend for the next Council or Councils that you take the document as of tonight, but then
immediately go into working on removing the BAR from the review within the H-2. Have them focus on
the Historic District and make these design standards part of our normal regulatory process of awarding
those businesses, and property owners and developers who want to bring us the Town that we want to
see and allow them to go through a smoother regulatory process. Thank you.
Mayor Burk: Mr. Martinez?
Page 301 December 8, 2020
Vice Mayor Martinez: Even though I do agree that I would love to see form -based code implemented
throughout the Town, and I think there are ways we can do that, I don't necessarily agree with the
previous speaker on his feeling about the BAR, but I am going to support it. Thank you, Lauren.
Mayor Burk: Yes, and I would just like to say thank you to the H-2 group. Wow, I think this is a great
document. There's a lot in it, but I think it's really come a long way. I'm very pleased and excited that
we're at this point. Thank you all very much for all of your hard work on it. I can see that there's a couple-
- would you like to introduce the members that are here tonight?
Lauren Murphy: Yes, they put in many midnight hours on it.
Mayor Burk: They did.
Lauren Murphy: I'd love to give them some recognition. Tonight, we have Richard Koochagian and
Teresa Minchew from the Board of Architectural Review. Also from the BAR, with Dale Goodson but he
wasn't able to be here tonight. Then from the Planning Commission is Gigi Robinson.
Mayor Burk: Thank you. Thank you all very much for all this hard work. This is great, you should be
very proud. Do we have a motion? Would you like to make the motion, Mr. Steinberg?
Council Member Steinberg: We need both of [inaudible].
Mayor Burk: On page 114 is a draft motion.
Chis Spera: Madam Mayor?
Mayor Burk: Yes.
Chris Spera: Madam Mayor, you opened the public hearing. I don't think you closed it. [crosstalk] You
didn't ask if there were any speakers.
Mayor Burk: I haven't closed, you're right, thank you. I didn't ask for the public to speak. I got ahead
of myself. I was so excited. Is there anybody from the public that would like to speak to this at this point?
Is there anybody on the WebEx? Nobody's there either. Then I will close this public hearing. I will ask
for a motion at this point.
Council Member Steinberg: Okay, we'll vote. [inaudible] The draft motions are right here. Yes, the
ordinance approval and resolution approval. We need them both read?
Brian Boucher: [laughs] Madam Mayor, I want to explain something here. Susan Berry -Hill can't be
here tonight, so we were putting this together and you have in her draft report some motions.
Mayor Burk: I'll read it and you decide. [crosstalk]
Council Member Steinberg: No problem.
Brian Boucher: These we put up here because one motion is really an ordinance approval and then
the other one is initiating various things. There's one resolution that initiate several actions. There would
be two votes, essentially, one on the ordinance and one on the resolution, and that's what's up there.
Mayor Burk: The motion that you're making says, I move to approve the proposed ordinances to
incorporate the Gateway District Design Guidelines into the Zoning Ordinance by reference in Section
7.12.4 and I further move to approve the proposed resolution to initiate changes to Article 10, 12, and
15 of the Zoning Ordinance that are related to the incorporation of the Gateway Guidelines into the
Zoning Ordinance. And I further move to direct staff to begin work on -site design guidelines to be used
for the review of the rezoning and special exception application and that these guidelines will be
Page 311 December 8, 2020
incorporated into the Town Plan at a later date when the Legacy Leesburg Town Plan draft is advertised
for public hearing. Mr. Steinberg made that motion is there a second?
Council Member Dunn: Second.
Mayor Burk: Council Member Steinberg, seconded by Council Member Dunn, any additional
comments at this point?
Council Member Fox: I didn't see the Legacy. Is that [unintelligible]?
Mayor Burk: It's on page 114. [crosstalk] It just says, at a later date when the Legacy Leesburg Town
Plan draft is advertised for public hearing. All in favor indicate by saying, Aye.
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Dunn: Aye.
Vice Mayor Martinez: Aye.
Mayor Burk: That passes six zero. Now he needs to do this motion.
Brian Boucher: You did two [unintelligible].
Mayor Burt Oh, okay, so she did-- [crosstalk]
Brian Boucher: [unintelligible]
Mayor Burk: So, we're good.
Brian Boucher: [unintelligible]
Mayor Burk: That takes us to the Council disclosures and comments, future meetings, Mr. Steinberg.
Council Member Steinberg: I have no disclosures. I just want to wish everybody a happy holiday, safe
and happy holiday, as we close out the remainder of this year, and wish everybody safe travel if they're
going anywhere and good health. Thank you.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: I have nothing really for the next meeting but I do have a comment. I know that
at times, Mr. Campbell and Mr. Dunn, and I have been at odds but I do have to give them the respect
as elected officials to put themselves out there, and that anybody who out there deserves some
recognition. We may have been at odds at times, I truly believe that their intentions were honorable. I
want to say to them, hopefully, your next endeavors will be as satisfying as your time on the Town
Council. Thank you.
Mayor Burk: Ms. Fox.
Council Member Fox: No disclosures, and I want to reiterate my feelings about both Council Members
who will be leaving us. We have a very, very diverse population in this Town and this Council represents
that well, in my opinion, from one end of the political spectrum to the other and also for people who
come together and think the same thing sometimes. I feel like these two Council Members have been
exemplary in their service and in representing their constituency. Again, I will miss them, and I wish
them well, and I will be calling them regularly for advice.
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Mayor Burk: Mr. Campbell.
Council Member Campbell: Thank you. I have a lot of thank you's tonight, and I hope I can get a
couple extra minutes. I want to thank Ann Robinson for introducing me to this process of speaking
before Council and her courage to speak her voice and sharing her philosophy that people matter over
politics.
I want to thank the residents of Leesburg and all my family and friends. Certainly, I want to thank my
wife for they all served along with me and she served beside me as my special advisor and confidante.
I want to thank the Town Manager and the Town staff and I will thank them individually at another time.
I really believe that their dedication and hard work and all of the things I put them through made us all
better, and I really do believe that four years that we've spent here have been good four years and good
work despite all of the challenges to make that work happen.
I want to give a special thank you for her integrity and my friend Suzanne Fox. Her integrity allowed
both of us to speak our minds, be who we were, never asked each other to vote in any particular way,
but to vote our conscious. Having that level of integrity and support meant the world to me in terms of
being able to have honest dialogue and true transparency.
I wear a couple of ribbons tonight and I've worn them before in honor of Fitz Alexander Campbell
Thomas. He was also a young warrior gone too soon, but stood by my side and my family's side during
many battles. Also, wear the orange ribbon for the Orange Ribbon Campaign and our good friends JJ
and LeAnne McNamara.
There's work that we leave behind. I hope that the next Council does take up the issue of more
transparency, more consideration of the financial impacts on this Town and the community, particularly
the human side of the community. More consideration for law enforcement accountability to the citizens,
more accountability and consideration for affordable housing and jobs. I will continue to be working in
our community, which I'm very proud.
The opportunity to serve has been an honor, a very great honor, but the responsibility doesn't end
because my term on Council ends. I want to say that how we speak to our citizens does matter, how
we hear their voices does matter and make a difference. How we hear our own through whatever
divisive discourse that they may be the reality is we're only here to do one thing and that's not to serve
each other, at the end of the day, it's to serve the people.
In closing, I have one quote that I always like from Dr. Martin Luther King, "The time is always right to
do what is right." Thank you.
Mayor Burk: Mr. Dunn.
Council Member Dunn: Thank you. I want to thank the folks who hired me by voting for me to put me
to work, and that's really how I always viewed my time on Council. Frankly, prior to that, seven or nine
years working on Commissions for the Town for almost 21 years nonstop. I've looked at it as a job, I
had a job to do. I did my job as I felt I could do best.
I want to thank those people who helped me along the way both inside the Town staff and the Council.
I would say that there's one thing that I've always kept with me in serving on Council and on
Commissions is the vast, vast majority of our citizens and that number is growing all the time. When I
first moved to Town, we were in the 20,000s and now we're in the 50,000s. The vast majority of citizens
have no idea who we are and they don't know our names. They don't know what we do, but they all
experienced what we do.
I've always looked at my job as representing those people who just want to go along day-to-day and
provide for their family, and have a safe place to live and a nice place to raise their families, and have
safe and clean streets. I can't say that I've represented any special interests, even my own interests
I've always tried to put to the side. For that reason, I don't have a lot of flowery things to say in a big,
Page 331 December 8, 2020
long farewell speech, but just to say that I viewed this as the citizens hired me to do a job. I did my job
and goodbye.
Mayor Burk: I do have one disclosure and that was, I met with Mr. Dionis today to talk about the outlet
kiosk situation. I want to thank Grandmaster Choi and sister city, Samcheok, Korea for another 10,000
masks that they have donated to us. Thanks to Grandmaster Choi for coordinating this event. On
December 3rd, Karen Mohamad also donated 25 cloth masks at her ladies organization. It's a Muslim
organization of ladies in Chantilly, and they donated 25 masks with the commitment to continue to fill
that basket. If anybody needs any masks or wants any masks, make sure that you go to the Town Hall
lobby.
That holiday tree lighting was a scaled -down version, but thanks to Town staff for putting the ceremony
together. Thanks to Council Member Fox and Steinberg for joining me. It was streamed on Facebook.
I have to say the whole Town looks so festive and happy with all the lights. It's great to come down. I
want to encourage everybody to come downtown and see the wonderful light display and enjoy the
opportunity to have outdoor dining under the stars and the heaters.
I want to thank Ara Bagdasarian and other members of the BENEFIT group they're supporting the non-
profits with their virtual Christmas concert on December 19th. All the proceeds from this, will go to their
various charities in the area. I was very honored to do the introduction. On December 5th, I did the bell
ringing for the Salvation Army. It was cold but great fun.
I want to thank Kari Nacy and Marty Martinez, Zach Cummings, and Neil Steinberg, for participating in
the challenge to see who could get the most people to put money in Red Kettle. It's a great help for a
great organization. We don't know who won yet. I'm betting, well, we'll see who won.
Fine Arts Festival at Freedom Park was very well done. I was surprised to see so many vendors and
so many shoppers. It was cold, but that didn't stop people from coming out and buying for Christmas
and the holidays. Staff did a great job organizing it and it really went well.
Then I'd finally like to thank George Marshall International Center for allowing me to help light the trees.
They have 17 trees decorated to represent the 17 countries that benefited from the Marshall Plan. It
really is very pretty to walk this path at night. If you get the opportunity to do so. I would like to say
goodbye to my colleagues and wish them the very best of luck in the future with all their endeavors. Mr.
Town Manager?
Kaj Dentler: Just a few quick comments. First, some good news. As you've alluded to, I want to
compliment Kate Trask and the Parks & Recreation staff for the lighting that they did. If you haven't
seen the courthouse lights yet, please do. She was able to coordinate with the County and get them to
pay for those lights and improvements but coordinate with our contractor. Kate and her team ran that
show, but the County paid for those funds. That was all her efforts behind the scenes.
Also, some really great financial news, today, was our bond sale that you approved to proceed with.
The interest rate that we had, I think we all would like to have this to buy a home or property was 0.41.
Mayor Burk: Wow, yay.
Kaj Dentler: That is a compliment to the financial status and your leadership for the Town to help make
those things happen. Some not so good news, tomorrow, I will issue or the staff will issue official press
release that our annual Christmas parade will be canceled due to lack of interest. We only have a few
groups that are willing to do it. As you know, we cannot do the normal parade due to COVID, obviously.
We tried to do the static parade out of Freedom Park and we've struggled to get that, Purcellville also
tried the same thing and have had to cancel. That officially will go out tomorrow. Then I just want to
thank and congratulate Mr. Dunn and Mr. Campbell for your service. Thank you for your service to your
community. It's a pleasure working with you. I wish both of you the best, and to all of you I wish you the
best of happy holiday season. Thank you.
Page 341 December 8, 2020
Mayor Burk: Do I have a motion to adjourn?
Council Member Campbell: So moved.
Mayor Burk: Seconded by?
Council Member Fox: Second.
Mayor Burk: By Ms. Fox. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? We're adjourned.
Page 351 December 8, 2020