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HomeMy Public PortalAbout2021_tcmin0223 COUNCIL MEETING February 23, 2021 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor Marty Martinez, Kari Nacy, 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, Director of Utilities Amy Wyks, Director of Public Works and Capital Projects Renee LaFollette, Director of Economic Development Russell Seymour, Land Acquisition Manager Keith Wilson and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Cummings. 3. SALUTE TO THE FLAG was led by Council Member Nacy. 4. ROLL CALL a. Remote Participation Vice Mayor Martinez requested to electronically participate in the February 23, 2021, Council Meeting due to the health and safety concerns associated with the Coronavirus. Mayor Burk, Council Member Bagdasarian, Council Member Cummings, Council Member Fox, Council Member Nacy and Council Member Steinberg were physically present at the meeting. MOTION 2021-040 On a motion by Council Member Cummings, seconded by Council Member Bagdasarian, the following was proposed: To allow Vice Mayor Martinez to electronically participate in the February 23, 2021, Council Meeting The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez abstain) 5. MINUTES a. Work Session Minutes of February 8, 2021 MOTION2021-041 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the minutes of the Work Session of February 8, 2021, were moved for approval. 1 I Page COUNCIL MEETING February 23, 2021 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 b. Regular Session Minutes of February 9. 2021 MOTION2021-042 On a motion by Council Member Cummings, seconded by Council Member Nacy, the minutes of the Regular Session of February 9, 2021, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 6. ADOPTING THE MEETING AGENDA MOTION2021-043 On a motion by Council Member Cummings, seconded by Council Member Nacy, the meeting agenda was moved for approval. Council Member Cummings asked for a suspension of the rules to add under New Business item 16.a. -Amendments to the Pandemic Relief Assistance Resolution 2021-025. MOTION 2021-044 On a motion by Council Member Cummings, seconded by Vice Mayor Martinez, the following was proposed(a suspension of the rules must be unanimous): To suspend the rules to allow New Business, item 16.a. -Amendments to the Pandemic Relief Assistance Resolution 2021-025 to be added to the meeting agenda The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: None Vote: 7-0 The motion to adopt the meeting agenda with New Business item 16.a. -Amendments to the Pandemic Relief Assistance Resolution 2021-025 added was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 2 I Page COUNCIL MEETING February 23, 2021 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. None. 9. PRESENTATIONS a. ' None. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section was opened at 7:04 p.m. Pam Schoppert, 704 Brigadier Court. Spoke to Council regarding the CIP project for Lawson Road, including flooding and safety issues with the crossing and the desire to move it up on the CIP schedule. Jessica Huff, 125 Lawson Road. Spoke to Council regarding the CIP project for Lawson Road, including accessibility and safety issues with the crossing and the desire to move it up on the CIP schedule. Mike Gaige, 701 Brigadier Court. Spoke to Council regarding the CIP project for Lawson Road, including issues with the crossing, safety issues, lost access to businesses and employers on the other side and the desire to move it up on the CIP schedule. Mr. Gaige also read a statement from his neighbor Ms. Jaime Steinberg who could not attend but also shared her concerns and frustrations regarding the creek crossing and timing of the project as well as access to businesses and employers on the other side of the crossing. Sandra Dudley, 619 Beauregard Drive. Spoke to Council regarding the CIP project for Lawson Road, including significant flooding and the desire to move it up on the CIP schedule. John Drury, 621 Beauregard Drive - Spoke to Council regarding the CIP project for Lawson Road including the long history of the project and the desire to move the schedule up on the CIP schedule. Anjali Kumar, 206 Lawson Road— Spoke to Council to let them know that as a resident of Lawson Road, she supported her neighbors' comments at the meeting and that she was an intern with the CJ3 Foundation and participating to learn more about what is going on in the Town. Elizabeth Baker, Monroe Street- Spoke to Council regarding flooding and safety issues in the Monroe Street and Town Branch area and requested the Town to address it. 3 I Page COUNCIL MEETING February 23, 2021 Eric Thomas, 301 Shiloh Place - Spoke to Council about the CJ3 Foundation and their recent activities in Iowa and Wisconsin and awarding a service dog to the first female veteran. Mr. Thomas also noted that Ms. Kumar is an intern with the CJ3 Foundation. Jim Malloy, 617 Beauregard Drive - Spoke to Council regarding the CIP project for Lawson Road, including W&OD Trail access, safety issues with the crossing and the desire to move it up on the CIP schedule. Rebecca Dame, 705 Brigadier Court- Spoke to Council regarding the CIP project for Lawson Road, including flooding and the desire to move it up on the CIP schedule. William Weisberg, 122 Lawson Road- Spoke to Council regarding the CIP project for Lawson Road, including safety issues with the crossing and the desire to move it up on the CIP schedule. The Petitioner's Section was closed at 7:44 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2021-045 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following consent agenda was proposed: a. Cornwall Street Waterline Replacement RESOLUTION2021-032 Awarding the Construction Contract for the Cornwall Street Waterline Replacement to A&M Concrete Corporation in the Amount of$763,065 b. Sole Source for Biosolids Mixer Replacement at the Water Pollution Control Facility RESOLUTION2021-033 Authorizing the Execution of a Contract between the Town of Leesburg and Andritz Separation Inc for$142,838 for Replacement of Biosolids Mixer at the Water Pollution Control Facility;and Authorizing a Sole Source Procurement and Authorizing the Town Manager to Procure the Contract c. Sewage Sludge Stabilization and Disposal Service RESOLUTION2021-034 Awarding a Task Order and Change Order for the Sewage Sludge Stabilization and Disposal Services to Synagro Central LLC for a Total Amount of$730,000 4 I Page COUNCIL MEETING February 23, 2021 d. Dryer Building Fire Panel Replacement at Water Pollution Control Facility RESOLUTION2021-035 Approving a Task Order for the Replacement of Dryer Building Fire Alarm Panel at the Water Pollution Control Facility to M.C. Dean in the Amount of $166,056 e. Sanitary Sewer Lining and Rehabilitation RESOLUTION2021-036 Award the Construction Contract for the Sanitary Sewer Lining and Rehabilitation to Prism Contractors and Engineers, Inc. in the amount of $582,567 f Edwards Ferry Road NE Sidewalk Improvements Project—Acquisition of Right of Way Dedications and Easements RESOLUTION2021-037 Authorizing the Acquisition of Right of Way Dedications and Easements for the Edwards Ferry Road NE Sidewalk Improvements Project g. Morven Park Road Sidewalk Improvements Project—Acquisition of Right of Way Dedications and Easements RESOLUTION2021-038 Authorizing the Acquisition of Right of Way Dedications and Easements for the Morven Park Road Sidewalk Improvements Project h. Westpark Property—Letter of Support for Acquisition and Public Use RESOLUTION2021-039 Authorizing the Mayor to Send a Letter to the County of Loudoun Board of Supervisors in Support of County Efforts to Acquire the Westpark Property and to Express Support for Future Use of the Property as a Passive Park by the Public Appointment Robert Sproul to the Standing Residential Traffic Committee RESOLUTION2021-040 Appointing Robert Sproul to the Standing Residential Traffic Committee The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: None Vote: 7-0 5 I Page COUNCIL MEETING February 23, 2021 13. RESOLUTIONS /ORDINANCES / MOTIONS a. None. 14. PUBLIC HEARINGS a. Noise Ordinance Amending Subsection 4(d) of Town Code Section 24-182 The Public Hearing was opened at 7:48 p.m. Town Attorney Chris Spera explained the proposed changes to the Noise Ordinance to address amplified sound on government properties. Public Speakers: There were no public speakers wishing to address Council on this item. The public hearing was closed at 7:55 p.m. MOTION2021-046 On a motion by Council Member Bagdasarian, seconded by Vice Mayor Martinez, the following was proposed: ORDINANCE 2021-0-006 Amend Town Code Chapter 24(Offenses and Miscellaneous Provisions), Article V (Offenses Against Public Peace and Order), Section 24-182(Noise Ordinance) Regarding Noise Generated by Governmental Activities on Public Property The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: None Vote: 7-0 15. UNFINISHED BUSINESS a. Amendment to Resolution 2021-025 Pandemic Business Assistance and Recovery Plan Council discussed raising the amount for the Business Grant Program not to exceed$1,000,000 from$500,000 due to the volume of requests received. MOTION 2021-047 On a Motion made by Council Member Cummings, Seconded by Council Member Nacy, the following was proposed: Approving the amendment to Resolution 2021-025 Pandemic Business Assistance and Recovery Plan 6 I Page COUNCIL MEETING February 23, 2021 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 16. NEW BUSINESS • a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Nacy thanked the Police Department for the outstanding work they did relative to the press release issued earlier that day. Council Member Steinberg disclosed he met with Mr. Shye Gilad with ProJet. Council Member Fox requested a memo on double parked trucks in the roadway, if it is allowed and what can be done if they are not allowed. Vice Mayor Martinez asked for and received clarification from the Town Attorney on disclosures. Mr. Martinez specifically inquired about his discussions regarding the Ad Hoc Airport Committee. Mr. Spera noted that if Mr. Martinez's communication with others was collecting information in his capacity as Chair of the Ad Hoc Committee that it did not require a disclosure if they are not asking Mr. Martinez for anything. Mr. Martinez said he was receiving his second vaccine shot and was hopeful to return in person starting with the first March meeting. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed that she had a conversation with Mr. Gilad and a text exchange with Mr. Chuck Kuhn. Mayor Burk welcomed Hammer and Nails, a male grooming location to the Villages at Leesburg. Mayor Burk presented the Town proclamation to Reverend Deborah Parsons at her going away ceremony. 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION a. Potential Acquisition of Real Properties MOTION2021-048 On a motion by Mayor Burk, seconded by Council Member Steinberg, the following was proposed: 7 I Page COUNCIL MEETING February 23, 2021 I move pursuant to Section§2.2-3711(A)(3)of the Code of Virginia, that the Leesburg Town Council convene in a dosed meeting for the purpose of discussion and receiving information regarding the potential acquisition of real properties for a public purpose. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Council went into a Closed Session at 8:13 p.m. Council reconvened into an Open Session at 8:57 p.m. MOTION 2021-049 On a motion made by Mayor Burk, the following was proposed: In accordance with Section§2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. (ROLL CALL VOTE) The motion was approved by the following roll call vote: Council Member Fox—aye, Council Member Steinberg—aye, Council Member Cummings—aye, Council Member Bagdasarian—aye, Council Member Nacy— aye, Vice Mayor Martinez—aye and Mayor Burk—aye Vote: 7-0 21. ADJOURNMENT On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the meeting was adjourned at 8::58 p.m. Kell Bur ayor Town of Leesburg ATTEST: (Xee.e.e.c... 7.„6422..ei? Clerk of Council 2021 tcmin0223 I 8 I Page February 23,2021 —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.uov 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: Let me call to order tonight's February 23rd, 2021 meeting of the Leesburg Town Council. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Cummings will be giving the Invocation tonight,followed by Council Member Nacy will do the Pledge of Allegiance. Council Member Cummings. Council Member Zach Cummings: Thank you. Earlier this week,we surpassed 500,000 deaths from COVID-19. Tonight, I'm just going to ask all of us to observe a moment of silence to honor those that we've lost to COVID-19, and also their family and friends. [silence] Council Member Cummings: Thank you. Mayor Burk:Thank you. Please stand for the Pledge of Allegiance. [silence] Mayor Burk: All right. I do have to say that tonight it's very exciting to actually see people in the audience.We haven't seen anybody for like a year. This is very exciting for us. Members of the public can now participate in the Council meetings electronically. Any member of the public that wishes to participate in the public portion of the meeting should log in to the Webex or call into the telephone number listed at the top of the published agenda. I do need a motion tonight to allow Vice Mayor Martinez to participate electronically in the February 23rd, 2021 Town Council meeting. Council Member Cummings: So moved. Mayor Burk: So moved by Council Member Cummings. Second? Mayor Burk: Seconded by Council Member Bagdasarian.All in favor indicate by saying, "Aye." Council Members: Aye Mayor Burk: Opposed? That's 6-0-1. Mr. Martinez, you are now part of the meeting. I need a motion to accept work session minutes of February 8th, 2021. Council Member Neil Steinberg: So moved. Vice Mayor Fernando"Marty" Martinez: So moved. Mayor Burk: So moved by Council Member Steinberg, seconded by Vice Mayor Martinez.All in favor, indicate by saying, "Aye." Council Members:Aye. Mayor Burk: Opposed?7-0. Regular session meeting of February 9th, 2021. I need a motion. Council Member Cummings: So moved. Mayor Burk: So moved by Council Member Cummings. Second? Second by Council Member Nacy. All in favor, indicate by saying, "Aye." Page 11 February 23, 2021 Council Members:Aye. Mayor Burk: Opposed?7-0. I need a motion to adopt the meeting agenda. Council Member Cummings: Madam Mayor, point of order. Mayor Burk: Can I have the motion first? Council Member Cummings: So moved. Mayor Burk: Move the first? Okay. Second? Okay, Council Member Nacy second. Council Member Cummings. Council Member Cummings: Madam Mayor, I ask that we suspend the rules tonight to discuss amending resolution 2021-025, the Pandemic Business Assistance and Recovery Plan. Mayor Burk: All right. Mr. Cummings would like to amend the adopting the meeting agenda by suspending the rules. Vice Mayor Martinez: Second. Mayor Burk: Pardon me? Oh, seconded by Council Member-- No, okay. Council Member Cummings, seconded by Vice Mayor Martinez, to suspend the rules, so any discussion at this point. All in favor indicate by saying, "Aye." Council Members:Aye. Mayor Burk: Opposed?That's 7-0.Your item will move to 16A. Do I have that right?Yes, 16A.All right, in the meantime,we have a motion to adopt the meeting agenda with this one altercation, one change. All in favor. This was moved by Council Member Cummings and seconded by Council Member Nacy. All in favor indicate by saying, "Aye." Council Members:Aye. Mayor Burk: Opposed? That's 7-0. All right, we have no certificates or presentations tonight. Does anybody have any regional commission reports? Not at this point, okay. That takes us to our petitioner section. Our first order of business is to hear from the public.All our members of the public are welcome to address this Council on any item, matter, or issue. Please identify yourself and, if comfortable doing so, give your address for the taped record. Any public speaker will be requested to state their names 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 in Webex,the green light on the timer will turn yellow at the end of four minutes indicating that you have one minute remaining. At that time, we would appreciate you summing up and yielding the floor when the bell indicates that your time has expired. For those participating on the phone, you will hear a bell when your time is up. Under the rules of order adopted by this Council, a five-minute time limit applies to all. Council is now able to hear from members of the public remotely. Once we have heard from anyone present in the room, we will hear from the members of the public on the phone or Webex. We have a couple of speakers in the room tonight. The first one is Pam Schoppert, followed by Jessica Huff. Right to the middle. Pam Schoppert: Thank you, Town Council. It's so great to be here tonight. Thank you. My name is Pam Schoppert. My last name is spelled S-C-H-O-P-P-E-R-T and I've been a resident of Leesburg since 1995, living in the Beauregard Estates community since 1997. Can you hear me okay? Mayor Burk:We can. Page 21 February 23, 2021 Pam Schoppert: Great, thank you. I'm here with my husband Brett and all my fellow Leesburg neighbors to express concern about the planned Capital Improvements Projects budget item regarding Lawson Road stream crossing which abuts Beauregard Estates. In November of 2020, the Town of Leesburg conducted a virtual meeting to status this project which addressed history background, existing conditions which are worsening even today, study results, recommendations, next steps, and schedules.We would like to thank Kaj Dentler,we just met in person tonight, Phil Jones and other Town staff,who have been responsive and have kept Town residents, especially our neighborhood, informed about this project.Thank you for that. Here's what we know.We understand that the project,which will correct issues, is planned to be added to the fiscal year'22 to'27 CIP budget with a plan start date of 2026, that's five years from now, and a completion date of 2029. We also understand that the total cost, which would include both the permanent waterway crossing as well as stream bank erosion you'll hear about tonight, is estimated at $655,000. Tonight we come to you as concerned Town residents and neighbors, many who have enjoyed living in this community, in this small Town, since for over 20 years.Tonight, myself and others will provide data,we'll talk about significant issues with delaying the start of the project yet another five years.There are major safety,health and wellness,employment,and property concerns that you'll hear about. Let me give you some of the key points and a little bit of history of the crossing from a neighborhood resident. In 2008, a Town Council resolution closed Lawson Road, a public road that runs right through our neighborhood, when the construction of Battlefield was open. At that time, a verbal promise, you'll see plans that other neighbors have that were involved in that time,a verbal promise was made that by opening Battlefield, closing Lawson, the Town would create a footpath crossing at this place, at the stream, at Tuscarora Creek, which is in our backyards. It's now 12 years later and the impact and inherent risk of the crossing remains extreme. From our perspective, here's more data. The Town could have installed safe crossing at this waterway properly in 2008 but did not. Flooding erosions problems have escalated due to temporary fixes by the Town.The situation has deteriorated by what the Town thought was the right thing to do but it was not. They filled the space with debris, rocks, large sediment to try to make a crossing for many years. That has ultimately washed downstream in my own backyard causing more flooding, eroding our neighbors' homes and backyards themselves. The flooding is getting worse. We have more torrential downpours in Leesburg than we have. They happen it seems multiple times a year versus multiple times every 10 years. The permanent solution has been continuously kicked down the road from our perspective. The crossing has been continually degraded, first, like I mentioned with debris, then these five large pipes were placed that we would go across--we would just press first to get across. In August of last year, August of 2020, during the pandemic when we needed recreational access the most, because if you know where Beauregard Estate lives,if you know where this waterway crossing is,you know what's on the other side.That's the W&OD Trail.When we needed to be able to access that trail for recreational access, there was a huge storm, pipes were moved downstream, and ultimately the Town, for safety reasons, removed those and now we have a couple pipes, some are crooked, still some rocks to get across. That's where we find you. My part of tonight was to give you a little bit of background of things, you'll hear other people their comments. Before I go, before I yield my last 48 seconds,you have to hear from my mother's heart about the need to resolve this issue. The bridge, what's left of it at this point, is a critical safety concern to those most vulnerable. My husband Brett and I have a child with Down Syndrome, who all throughout her life we've lived in this location would go to the stream, she would throw rocks in that Creek, we would go across to the other side which we call the beach, because it's flatter on that side, and throw rocks. For the past year, we were able to do this. We would even go across those pipes. My husband or I would have to hold her hand when she would meet her friends down there during the pandemic for outdoor recreational activities. Well, now half the pipes are removed, they washed downstream. My daughter is independent. She is stubborn and she has elopement issues. If you're a parent of a special needs child you know what that means. That means I fear one day she will go out there and she will try to cross and she will be hurt. Thank you for hearing our petitions tonight and thank you for listening to us. Page 31 February 23, 2021 Mayor Burk:Thank you. Thank you very much. Pam Schoppert:You're welcome. Mayor Burk:Jessica Huff followed by Mike Gaige. Jessica Huff: Good evening. Thank you for your time. My name is Jessica Huff, H-U-F-F. I've been born and raised in Loudoun County and I've lived on Lawson Road for five years and in the Town for 10 years. Like my neighbors, I'm very concerned that the Town has not kept its promise to open a footbridge at the Lawson Road stream crossing, a promise made over 12 years ago. The Town contributed to this erosion problem along the Creek for years, by filling the stream crossing with temporary debris instead of investing in a permanent fix sooner. We ask you all to take responsibility and correct this problem. We've had a nice first step by developing the plan, but the decision on when to fund this project comes before you in March with the approval of the budget. We, your constituents, implore you to protect the safety and wellbeing of our neighbors and friends especially the most vulnerable. This crossing is essential to our community, providing access for our residents to businesses, their employers,and physical and mental wellness activities on the W&OD.Other nearby communities,such as Tavistock, Kincaid and Stratford also use this crossing to access the trail and more.The current state of this crossing is a safety issue. I have two young children who are no longer allowed to play near the creek for fear that they'll get literally smashed and drowned by these giant tubes that are just dislodged. Nor are they able to ride their bikes to their friends' houses who live in neighborhoods otherwise connected by the trail. I don't feel comfortable with them crossing Battlefield Parkway alone,trail access was the safest way. With or without a bridge, people are crossing or at least attempting to cross, and people are getting hurt. We've all witnessed multiple falls and injuries at this crossing location, our friends, family, and strangers alike. Individuals with disabilities are also affected by a lack of access to the trail and the current state of this crossing. There is no ADA accessible crossing here and the next closest trail entrance has a significantly steep grade that makes it nearly impossible for wheelchair or anyone with physical limitations to cross this trail safely. Additionally, right before this meeting, I received an email about the plans for the upcoming Loudoun County linear parks and trails push. I think that's great. Again, we all see that the goal of an interconnected parks and trails and valuing health and wellness is awesome but I can't even be bothered because we can't even access the trail in our own neighborhood. Another issue is employment and commercial use. A few of us moved to this community specifically because of their ability to walk to work. Some workplaces are located immediately across the creek crossing and there's others who walk or ride farther down the trail west to jobs in Town or to Eastern Loudoun and Fairfax. Some of those include an essential employee who works at the FAA Leesburg tower and another who works at the US Postal Service Sorting Facility across the way. Additionally, there's other businesses that are less accessible now, due to the closure of the crossing. I want to reiterate that we are not asking for anything drastically new today as this is already a planned project. Instead, we'd like to ensure that proper attention to the safety, health, and wellbeing, and investments of our neighbors is not unnecessarily delayed any longer. We've waited patiently as we were told that studies and analysis were required, all of which were completed last year. We've been waiting for a promise to be fulfilled for over a decade. Again, we know this has been approved and the funding seems to be minimal in comparison to the much larger draft budget to be approved next month. We urge you to reprioritize this stream crossing to start this year. 13 years have passed,why must it wait eight more?Enough is enough.The Leesburg I know is more forward-leaning and dragging its heels for 21 years to complete a simple bridge is unacceptable. This should be an easy win with significant community impact. Please begin the project this year. Waiting 21 years for an adequate crossing is unacceptable. In fact, for some, it's a lifetime.Just to show you how important it is for me, I am missing the Penguins-Capitals Page 41 February 23, 2021 game right now which I'm sure you guys are dying to watch, I'm a big Pengs fan, sorry. Also, my husband is the defensive coordinator for Heritage High School football and their first game is tonight as well. Thank you so much for your time and consideration. I would really hope you keep your promise. Mayor Burk: Thank you, Ms. Huff. Mike Gaige followed by Sandra Dudley. Mike Gaige: Thank you. Oh, I appreciate it. Before I begin,well, let me introduce myself. My name is Mike Gaige. It's M-I-K-E G-A-I-G-E. I just like to thank all of you.A lot of us here have come out today, and I'm going to echo a lot of what they said. Before I do that, I want to do two things. One, I want to provide some photos for you. I'm not sure if I can. [crosstalk] This way, you guys can actually see some of what we experience pretty much every single year for the past decade that I've been here. I've lived in Leesburg since 2012. All right,we moved here. My wife and I moved here to start a family here, raise our family.We have two awesome kids. I love them. They're six, and they're four years old. They're going to be going to Heritage High School one day, and we plan to live here indefinitely until they go, "Get out, man." I know some of you guys have kids as well. It's very sad. When we moved here, the reason where I moved and I live at 701 Brigadier Court, my house literally backs up to that creek. When we first moved in, we were there every summer, every single summer, we have been there, and every single spring when it comes out and everything comes out. It's they go out and they enjoy it.We can't do that anymore. All right, we're not able to do that. It's very sad to tell your kids,"Yes, unfortunately,we cannot go,we can't access that way anymore,"when literally all they have to do is walk out the door and just go down the street and it's right there. It's very, very sad to tell my kids, "Unfortunately, you cannot go out and go play down there,"where they used to do that when we first moved in. That being said, I do want to also provide,and read to you one of our other neighbors who was not able to be here today and I know that I only have a few minutes, so I want to make sure that you hear from her as well. Her name is Jamie Steinberg, and she said, "To whom it may concern. As a member of Beauregard Estates, I wanted to express some concerns and frustrations with the continued outage of the creek crossing at Lawson Road for the W&OD Trail. One of the primary reasons for selecting a home within Beauregard Estates subdivision is the ability to walk to work at the FAA,which is just north of the W&OD Trail. My job and my job capacity, I am deemed essential unexpected to work regardless of the weather conditions,which is why I saw the house I could easily walk from. I'm sure I'm not the only person who has lost access to the building's/businesses on the other side of the trail, such as the[unintelligible]and Old Mill. I'm glad to see that there's progress being made, but the lack of priority in this project is frustrating.At the current rate of the project, I may be eligible to retire by the time that this is completed." She's asking that you please consider moving the timeline of this project up, sincerely. Again,that's Jamie Steinberg,who is unable to make it tonight. As you can see many of us moved here and moved into Leesburg and moved into this specific location for access to that W&OD Trail.We are unable to do things like take our dogs to Old Mill,which we used to be able to do so we're no longer able to do that. It's unsafe.As Jessica mentioned, my brother in law who lives with me works at the Post Office which is right across, right there. He used to be able to walk there. Now, he's unable to do that. It affects us in many multiple ways. I'm going to yield the remainder of my time, but I just urge you to please listen to everyone here tonight. We all have our own individual reasons for being here.Again,this was a promise that was made.We're just asking that you speed up the timeline of it. Thank you. Mayor Burk: Thank you. Thank you, Mr. Gaige. Ms. Dudley followed by Mr. John Drury. Sandy Dudley: Hello, my name is Sandy Dudley, D-U-D-L-E-Y, and I've lived at 619 Beauregard Drive for over 20 years, I've lived there with my husband Reed, and my two daughters, one is currently at the US Naval Academy and one is at Heritage High School.Our property backs right up to Tuscarora Creek. Page 51 February 23, 2021 We are one house above the Lawson Road crossing, right in the crook of the creek, right where the brunt of all of the damage is happening. I'm going to read my statement just to stay on track. We had been voicing our concern for over 10 years regarding the significant erosion being caused on the creek bank along our back property. The damage is due to the frequent and recurring flooding on our property caused by the temporary and inadequate fixes over the years to the previous Lawson Bridge,the one crossing Tuscarora Creek. During heavy rains, the bridge material would simply wash away, pipes would become blocked, and creating a dam that just caused high creek water to literally crash into our backyard eroding the creek bank and causing ongoing damage to our property. Just some points of reference that we've dealt with. Approximately 8 to 10 feet of creek bank has eroded, not along the creek,into our property.We have lost almost 10 feet of yard.We've lost a physical fence that we built earlier on when we were there. It basically--after so much flooding,we had to remove it due to the back section of the fence just collapsed. The ground under it eroded. We've lost an underground pet security fence in the backyard because it continued to erode inside where the physical fence was and wire was exposed along the creek. We've had to bring in topsoil and reseat our backyard several times due to the erosion from the continuous flooding.We've tried to actually re-sod our backyard twice at a huge expense,huge personal expense, and just to simply watch it wash away from the continuing flooding.We've lost lawn furniture, landscaping, flower pots, and other items from our backyard that simply just wash away because the bridge dams up,the water creates a lake in our backyard, and then it floats down the creek. About five years ago,after excessive flooding and ongoing poor drainage became such a more frequent and recurring problem, the Town Public Works Department began to visit our property to evaluate the increasing issues in erosion after several calls and pleas. A senior engineer from the Department of Public Works and Capital Projects confirmed that modifications were needed to the drainage ditches running along our property. He also evaluated the creek bank along our back property and acknowledged the erosion issues and resulting damage to our property. He commented that not only was the erosion caused by the blockage created from the design of the temporary creek crossing over the years,but also from the increased amount of stormwater flowing into Tuscarora Creek from the expanded development in Northeast Leesburg. The creek simply could not handle all the water and runoff during heavy rain, especially with the design of the bridge and the drainage outlets as they were designed. Unfortunately, the bottleneck culminates right in our backyard and results in severe erosion and increasing property damage. We were surprised that ongoing development was approved and continued over the years that created these escalating problems and flooding issues to our property and other properties within our neighborhood. Having the issue resolved has been a long-time quest for us.We've been appealing to the Town Council for years, making several phone calls and sending multiple emails. In February of 2017,that's 14 years ago, my husband actually attended a floodplain hearing here to address the erosion issue in person. The Council was very receptive to our concerns and acknowledge the issues. At the suggestion of the Town Council, we formally requested a stream restoration study to be conducted along our back property. We assumed that this meant that a solution would be imminent especially since the erosion is so severe and that there was acknowledgment that the issues were predominantly caused by the previous Town-constructed crossing, increased development creating excessive water drainage into the creek, and years and years of neglect. Since then, we have sent several more emails to the Town Council requesting updates and providing additional photos and videos, even videos of the recurring flooding. We are extremely disappointed to hear that four years later, we are finally being presented with a plan that is scheduled to not even start or to be completed for another eight or nine years. The erosion and environmental damage to our back property and surrounding area will only continue and in fact, is occurring at an even more intensified rate. The problem has been acknowledged, a solution has been presented and there are significant risk of further damage guaranteed that this project is delayed longer. We urge you to consider this creek restoration project as a priority and expedite the timing of the work. I invite all of you to come visit our property. I will show you the damage. You will be appalled at how much has been eroded.We just thank you for your time and consideration.Thank you. Page 61 February 23, 2021 Mayor Burk:Thank you, Ms. Dudley. Mr. Drury.Wow, Mr. Drury, it's been a while. John Drury: It's been a decade at least, has it? Mayor Burk: Yes,wow. John Drury: I know you and Marty is not here. I don't know any of these other people and they already started the clock on me. Darn it. All right. John Drury, 621 Beauregard Drive, last name, D-R-U-R-Y. I have been in my house since December of 2000. I am right next to the--Yes, December 2000. I'm right next to the bridge. I'm between the bridge and my neighbors. I've also had some erosion on my property. My line's a little bit different.Theirs is much more severe,but I want to give you a little bit of a background because I keep folders on all the stuff I've been doing over the years. For those that don't know, I was involved with the coalition to complete Battlefield Parkway which has been significantly successful. At the time we moved in, most of Battlefield Parkway didn't exist. I partnered with other people and we got that road built so that this bridge could be closed. I want to read you a couple of things that have come in over the years. I do not have a date for this. I want to say it's probably about 2005 or 2006. It's a presentation I gave before this Council at the time. I'll read a piece of it. It says,"The Town of Leesburg Capital Improvements Program for the 2005-2009 contains a project to erect a pedestrian and bicycle bridge over the creek once the road is closed." This is project number 45. It is worth quoting the goal address section in its entirety."The Town plan has recommended closure of the Lawson Road crossing of Tuscarora Creek since 1985. The existing Tuscarora Creek crossing is tolerated in the system only as a pre-existing crossing and does not meet current VDOT standards. The Town Council adopted Resolution Number 96-222 recommending that the crossing at Lawson Road to Tuscarora Creek remain open at this time subject closure to a future date." This was a one- lane dirt road that had two-way traffic over it. That CIP was actually a study done on the crossing. Here's the report dated February of 2009, it's substantial. I suggest that you read it if you get a chance. Executives summary, there are a number of points as to why this was done. I will read you three of the significant issues that are listed in this report. One,the crossing does not provide a safe bicycle-pedestrian and facility meeting current trail and ADA requirements. Two, the existing culvert does not provide a waterway opening necessary to accommodate the stream flows resulting in frequent roadway flooding and potential flooding increases upstream. Three, the surface is unpaved which results in significant erosion and degradation of the stream. Now,this report gives a number of options and then gives a preferred alternative. There's even a nice little sheet, beautiful colored printouts of the area. Discussions of the preferred alternative. Then there was a memorandum released on March the 9th of 2009.Thomas Brandon,Assistant Director of Capital Projects, CC to the Mayor and Council, John Wells, Town Manager. Kaj Dentler, Acting Director. Your name comes up all frequently obviously. [background conversations] • John Drury: I know and same with us, right? Paul Webster, senior engineer. Construction of the Battlefield Parkway between Kincaid, Boulevard and East Market Street is scheduled to be completed in fall 2009, which it was. When this roadway is open to traffic, the unpaved low water roadway that connects the two Lawson road cul-de-sacs will be permanently closed. The Town has been preparing a feasibility study to determine the most appropriate way to provide pedestrian and bicycle access between the residential neighborhoods and W&OD trail after the low water crossing is closed. In November, the Town held a neighborhood meeting to provide input for the study and has been completed and considered to comments. Then this is the executive summary. There's one more thing which I had marked. This is in the actual report background. This project has been identified in several Town reports including the Town of Leesburg comprehensive 20-year, parks, recreation, open space trails and greenways master plan dated November 2002, which provides a broad perspective of the Town-wide trail connections and greenways, including the crossing of Tuscarora Creek and the general vicinity of Lawson Road. In 2007, The Center for Watershed Page 71 February 23, 2021 Protection completed a study for the Town entitled Protecting Human Health and Water Quality in the Town of Leesburg and its Watersheds. Within the study was ranked as a high priority for removal and replacement. I simply wanted to say to you this has been a long time coming, more than 20 years. It is a danger crossing, it was dangerous when cars would drive through the floods. It's dangerous now when people try to cross and it needs to be fixed sooner rather than later. It was promised to be done 12 years ago, the cans kicked down the road long enough. Mayor Burk: Thank you, Mr. Drury. John Drury: Thank you. Mayor Burk: Very nice to see you. [chuckles] [background conversations] Mayor Burk: Do we have anybody virtually? On Webex? Vice Mayor Martinez: Madam Mayor? Mayor Burk: Excuse me.We have additional speakers, Mr. Martinez. Vice Mayor Martinez: I just wanted to tell John that I'm watching. Mayor Burk: Okay. [chuckles] Keith Markel: Madam Mayor,we do have six participants from the public who have joined this evening through the Webex. Mayor Burk:All right. Keith Markel: Callers, I'm going unmute you one by one to allow you to speak. When I unmute you, you'll hear the tone, and that will be your signal to make your remarks. You'll have five minutes each. I'm going to start with Ms. Kumar.As soon as you hear the tone please state your name and spell it for the record with your address, and I will unmute you now. Anjali Kumar:All right. Hello? Mayor Burk:Thank you. Welcome. Anjali Kumar: Hi. My name is Anjali Kumar.A-N-J-A-L-I, and Kumar, K-U-M-A-R. I live in 206 Lawson Road South East, Leesburg, Virginia. I just want to say for the speakers who are also talking about what's happened at the Lawson Road, that is absolutely incredible that everybody is coming out. We just moved in about a year ago, so I am very new to this area; however, I did notice that, so I just want to say, I appreciate for everybody who's speaking. Also, I am an intern at the CJ3 Foundation. I was here before attending a meeting with the Founder and Director of the CJ3 Foundation,so I am just attending to get a little more information about what's going on and stay connected. [chuckles] Mayor Burk: Well,thank you very much. Next one. Keith Markel:All right. Madam Mayor, our next speaker is Ms. Baker. Ms. Baker, can you hear us? Elizabeth Baker:Oh,yes. I apologize. I didn't realize I was unmuted. I am here to talk about the Monroe Street and Town Branch flooding actually. Good evening Council Members,fellow neighbors. My name is Elizabeth Baker. E-L-I-Z-A-B-E-T-H B-A-K-E-R. I would like to bring to the attention of the Council that the flooding on Town Branch in Monroe Street is increasingly dangerous. Our home is the last Page 81 February 23, 2021 home on the street bearing the brunt and worst of the flooding right before it jumped over Raflo Park in Harrison Street. Basically,the stream becomes a 3 foot to 5 foot raging river through our backyard with any significant rain event, and it's only gotten worse due to the new development on King Street that went in last year or started going in last year. We've lost so much personal property, our fence, our shed's been destroyed. Last year, it started entering our home.We know that there's an impact study pending, but an impact study isn't needed to see that this is creating very dangerous conditions for residents, kids, pets, homeowners. Currently,we are just urging you to help do something that will correct the flooding situation and move it forward in the budget and planning, especially since so many new developments in and around our property are being approved, and that almost certainly affects the flooding. This all while our property values are being increased by the tax assessor's office along with our taxes yet we're not getting a whole lot of help from the Town despite repeated requests. We know for a fact, the previous owner, J B Anderson tried for years to get this issue addressed as the original owner of the home. I'll yield the rest of my time back to the next participant but we just urge you to review the Monroe Street, Town Branch Project as well and reprioritize it if possible. Mayor Burk:Thank you, Ms. Baker.All right. Next speaker. Keith Markel: Our next speaker is Mr. Thomas. Mr. Thomas, I'll unmute you. Eric Thomas: All right. Good evening. Can you hear me alright? Mayor Burk:Yes,we can. Eric Thomas: All right. Good evening. Eric Thomas. E-R-I-C T-H-O-M-A-S. I'm in Leesburg at 301 Shiloh Place SE, Leesburg, Virginia over in Beauregard Estates. Mayor and Council Members, I would like to, first of all, thank you, Mayor, for the video you did for our disabled recipient. We've spent the past week, four days in Iowa doing mental health and wellness therapy with the terminally-ill disabled veterans. Then, we spent another four days in Wisconsin training her with the service dog that we awarded her, our first female that we've given a service dog to.We had a very productive week where we're basically averaging a veteran a month to go through the mental health and wellness and the service dog aspect of what we do. As a charity foundation here in Leesburg, I appreciate the support of the Town Council and Mayor,your video along with some of the other videos that the recipient received, she was very grateful and in awe. Thank you for doing that. As stated,we do about one service dog a month. Then Ms. Kumar was on earlier. Just for background on that, another way that we've tried to engage the community, George Mason University was struggling to find internships for individuals in our area until we were able to formalize an internship with the school for her to be able to do a formal internship with our Foundation, which is why she is sitting in here because I think it's important to also show her how the government process works at the local,State and Federal government level.She accompanies me to a lot of our meetings. Thank you for allowing us to participate. Thank you for all the support we get out of this community. Also, just a reminder, on 1 March, we will be at Vino Bistro doing a charity event to raise for our next recipient. We would love to see you all there. It's a great venue. It's supporting a restaurant during COVID as well as supporting our charity. Thank you much. Have a good evening. Mayor Burk: Thank you, Mr. Thomas, and thank you for what you do for our veterans. It's very important. Next speaker. Keith Markel: Our next speaker is Mr. Malloy. Mr. Malloy, you're unmuted. Jim Malloy: Good evening. My name is Jim Malloy, M-A-L-L-O-Y. I live at 617 Beauregard Drive. You've already heard from many of my neighbors, so I'm not going to repeat the things that they've been talking about.When I moved into this neighborhood 20 years ago,one of the reasons I did so was this specifically for the trail access. It allows me to be active. I ride my bike. I walk. For many years, I've Page 91 February 23, 2021 been carrying my bike across the creek because the bridge is in this state that has been described as, and that's no longer possible and that's very frustrating to me. I know I'm not alone on that. Many of our neighbors. Many neighbors who could not be here tonight, also picked this neighborhood,this location, picked Leesburg for the trail-friendly environment.This has been very frustrating to me. The way the trail is right now is, as many of my neighbors have pointed out, it is almost possible to cross the creek. I know on some days I make that leap. I know many of my neighbors do as well. I know people have missed which at the very least gets you wet to the very worst gets you hurt.All the things you've already heard. This was promised a long time ago and we did not complain until it became completely untenable. It is untenable. I'll stop there. I'm very frustrated.We've waited a long time and I really don't relish the idea of waiting another decade for this to be put in place. Thank you. Mayor Burk: Thank you, Mr. Malloy, followed by? Keith Markel: Ms. Dame. Ms. Dame, I'm unmuting you now. Rebecca Dame: Thank you. Good evening. My last name is Dame, D-A-M-E. I live at 705 Brigadier Court, South East Leesburg in the Beauregard neighborhood. I won't repeat a lot of what my neighbors have said but I agree with everything they've said. This was promised a long time ago. I think we all had significant hopes that it was going to be resolved when we found out about the study and the work the Town was doing. However,to hear it's another almost 10 years is so disheartening for all of us who have worked so hard to live here and stay here and enjoy this community. The only other point that I'd make to you all is that we talked about the properties that are upstream from the crossing, flooding. Some of us downstream are also getting significant flooding. Part of our property is in a 100-year floodplain and now it's flooding at least once a year if not twice a year. Our neighbor's property is significantly worse. If you think about that, a 100-year flood plain should not be flooding every year, so significant damage, significant issues that we have here. So thank you for your time. Mayor Burk: Excuse me. Could you give us your name again and spell it? I didn't get it. Rebecca Dame: Sorry, it's Rebecca Dame, D-A-M-E. Mayor Burk: Thank you.And our next speaker? Keith Markel:Our final speaker this evening is William Weisberg. Mr.Weisberg, I'm unmuting you now. William Weisberg: Thank you. I guess it's an honor just to bring up the rear. [Laughter] My wife, Jennifer[inaudible] name is W-E-I-S-E-R-G. My wife, Jennifer and I are relative newcomers, I'm sorry 122 Lawson Road-- Mayor Burk:What is your first name, I'm sorry? William Weisberg:William. Mayor Burk:William, thankyou. William Weisberg:We're relative newcomers.We're coming up on two years in April in our time here. I'll just summarize a few points which our neighbors have very, have made in a very articulate manner. When we're talking about this being a bridge, bridge doesn't really do it justice.What we're talking about were five,24-inch diameter, corrugated iron drainage pipe laid in parallel,if you saw one of those ESPN log rolling specials, that was pretty much what it was like except it did not extend from one end to the Page 101 February 23,2021 other. Since we've been here. two of those have washed down the stream. What people are trying to cross on now, it's not a bridge. It's more of a Navy Seal Army Ranger obstacle course. That leads into the second point, and by the way my wife and I have grown children so we don't have the same perspective of younger ones trying to cross here, but in going down to the creek,walking our dog,jumping like one of my neighbors occasionally with my bike, it's clear that this is a kid magnet. Kids being defined as people from age five to on up and as a kid magnet, as bad as it's gotten now and as bad as it's going to get in the short term,it's not going to stop people,again children,from trying to cross it and there are going to be accidents.There have been accidents, everyone on the street has seen the ambulances. They're going to be more and it's going to get worse. That leads into my point as to why[unintelligible]asking to move up the queue in this six-year capital, capital project. Part of it is it's an immediate health and safety issue, part of it is as a couple of our neighbors have articulated, came to the concept of time served. It's a six-year capital improvement sequence. Well, this has been promised to the neighborhood and promised to the community for depending on how you count 5, 10, 12,or 20 years,and it seems reasonable to prioritize this is a project when you combine all of these things together. The last point is not only is this attraction for people crossing or a crossing for people going from our side, Beauregard estate, over to the W&OD Trail, the people are coming in both directions. There's drivability access. We all see cars parked on the other side of the Lawson cul-de-sac. People are crossing both directions and that's only going to increase as[unintelligible]develops more as property on that side continues to be developed. The longer this remains an obstacle course, the more dangerous it can become and we're one slip and fall away from a real tragedy, and with that, I'll close and thank you all for your consideration. Mayor Burk:Thank you, Mr.Weisberg. Is there anybody else on the line? Keith Markel: That was our last speaker, Madam Mayor. Mayor Burk:All right. Thank you. Is there anybody in the audience that did not sign up that would like to have the opportunity to speak at this point?All right, seeing none, I will close the petitioner section, but I do want to assure you that I can almost guarantee you we will be having this discussion during our budget process.Thank you for coming out and making sure that reminding us.You did a great job and it's always great to see people that are involved in their community. Thank you very much. All right, that takes us to the approval of the consent agenda. I will read the items and ask if anybody wants anything removed. The first one is Cornwall Street Water Line Replacement, Awarding a Construction contract for Cornwall Street Water Line Replacement to A&E Concrete Corporation for the amount of$7,6365.Wait a minute, $763.65. No, it's not cents. Eileen Boeing: [inaudible] - Mayor Burk: It's$763,065. Thank you. Okay. Sole source for Biosolid Mixer Replacement for the Water Pollution Control Facility Authorizing the Execution of a Contract between the Town of Leesburg and Andritz Separation Inc.for 142,838 for a Replacement of Biosolid Mixer at the Water Pollution Control Facility and Authorizing a Sole Source Procurement and Authorizing the Town Manager to Procure the Contract. C is the Sewage Sludge Stability and Disposal Service, say that fast,Awarding a Task Order and Change Order for the Sewage Sludge Sanitation and Disposal Service to Synagro Central, LLC for a Total Amount of$730,000. D is a Dryer Building Fire Panel Replacement for the Water Control Facility Approving a Task Order for the Replacement of the Dryer Building Fire Alarm Panel at the Water Pollution Control Facility to MC Dean in the amount of $166,056 and a Sanitary Sewer Line Rehab Awarding the Contract to the Sanitary Sewer Lining and Rehab to the Prism Contractors and Engineering Inc in the amount of 582,567. F is Edwards Ferry Road NE Sidewalk Improvement Project,the Acquisition of Right-of-Way Dedication and Easement Authorizing the Acquisition of the Right-of-Way Dedication and Easement for the Page 111 February 23, 2021 Edwards Ferry Sidewalk Improvement. G is Morven Park Sidewalk Improvement Project Authorizing the Acquisition of the Right-of-Way Dedication and Easement for Morven Park Sidewalk Improvement Project. G is Westpark Property Authorizing Letter of Support for Acquisition and Public use Authorizing the Mayor to Send a Letter to the County of Loudoun Board of Supervisors in Support of the County's Effort to Acquire the Westpark Property and to Express Support for Future Use of the Property as a Passive Park in the Public and L is Appointing Roberts Sproul to the Standing Residential Traffic Committee. Is there any item anyone would like to have removed? In that case, do I have a motion? Council Member Steinberg: So moved. Vice Mayor Martinez: So moved. Mayor Burk: Okay, moved by Council Member Steinberg, seconded by Council Member, I mean Vice Mayor Martinez. All in favor, indicate by saying, "Aye." Council Members:Aye. Mayor Burk: Opposed?That passes 7-0.All right. That then takes us to the public hearing. I will need ' to call to order this February 23, 2021, public hearing of Leesburg Town Council. Unless there is an objection, I will dispense with the reading of the advertisement. If you wish to speak, we ask that you either sign up on the sheet in the hallway outside the Council Chamber but if you did not get the opportunity to sign up, we will give you the opportunity to speak. We will also provide remote public participation for callers on the phone or on Webex. In all cases, please identify yourself and if comfortable give you give your address for the taped record. In the interest of fairness,we also ask that you observe the five-minute time limit. For those participating in person or on 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 is expired. For those participating on the phone, you will hear a bell when your time has expired. Under the rules 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 the speaker,when they sign up, to indicate their status as spokesperson, the group they represent and their request for additional time. Our procedure for the public hearing is as follows: First, there is a brief presentation from staff about the item. Second, members of the public that have signed up to speak will be called and given five minutes for their comments. The public hearing item on the agenda tonight is for the Noise Ordinance Amendment Section 4(d) of the Town Code section 24-182. Mr. Spera. Christopher Spera: Madam Mayor, Members of Council, thank you.We spoke about this a little while ago.We got a very brief presentation tonight to remind you what we talked about from the work session. In our current Noise Ordinance, which this Council adopted back in March of 2020, certain types of noise-generating activity, primarily those associated with emergency activity or government activity is exempted from certain types of noise regulation, primarily having to get an amplified noise permit. One of those exceptions, as I explained in our work session, I believe it's rather poorly written and it has a loophole in it.The ordinance is currently set forth,is up there for you,subsection 4(d). My concern is that the way our ordinance is currently drafted, it could be interpreted that it is the nature of the property as public property versus the nature of the activity as governmental which provides the basis for the exemption.As you may recall,the last time we spoke about this the First Amendment guarantees everyone the right to freedom of speech. It does not guarantee everyone the right to amplification, and that is what we're trying to address. Other jurisdictions typically focus on the governmental nature of the activity rather than the governmental nature of the property as the basis for an exemption. These exemptions are fairly Page 121 February 23, 2021 common. I'll give you examples from Virginia Beach and from Loudoun County itself. Our fix is relatively simple,adding this phrase at the end so that the exemption applies to activities on or in municipal county state, United States or school athletic facilities or on, or in publicly owned property and facilities in our new language conducted by the Town or any other governmental entity or institution. All of you likely remember some of the demonstrations that were taking place down Loudoun Street near the County office building.Those demonstrators during the fall were acutely aware of this loophole. In fact,- relied upon it to use amplified sound while demonstrating on the sidewalk. That was very disruptive to some of the businesses and restaurants that are located in that area. I believe this change fixes that loophole, and that is what I propose that you do. That's my very brief presentation. I'm sure Mr. Dentler was watching the clock to see if my time prediction earlier today was accurate or not. I think I was under. I think I was under. If you have any questions, I'm happy to answer them.We spoke about this a couple of weeks ago at the work session. That's all I've got for you this evening on this. Thank you. Mayor Burk:Would you entertain questions at this point? Christopher Spera: Certainly. Mayor Burk: Is there anyone who has any questions? Christopher Spera: If there are no speakers I can answer questions now.Whatever you prefer. Council Member Kari Nacy:Just out of curiosity. If we make this amendment and then someone does this against the Code,what happens to them?What's the punishment? Christopher Spera: There's a citation. It allows the Police to issue a citation which was our issue with the demonstrators in the fall.We really couldn't do anything. Council Member Nacy:Are they usually asked to disperse? Christopher Spera: [unintelligible] asked to disperse, to cease the amplified conduct. Again, as an amplification, as long as they're not obstructing the right of way, First Amendment that's allowed assembly. Its the amplification issue that leads to the need for regulation. Councilmember Nacy: Thank you. Mayor Burk:Anyone else? Ms. Fox? Council Member Suzanne Fox: Thank you. I'd like to know, if somebody did something on the Town Green. It wasn't sponsored by the Town, they would have to get a permit in order to amplify or how does that work? Christopher Spera: My understanding is that there will be two types of permits. I think,to get the Town Green, you have to get a separate permit to use it. Then secondly, you'd have to get a noise permit to have amplified sound. Council Member Fox: Thanks. Mayor Burk:Anyone else at this point?Do we have any member of the public that would like to speak? Is anyone signed up? Is there anyone in the audience that would like to speak that didn't get a chance to sign up?Since there is-- Is there anybody on Webex that would like to speak? Keith Markel: Madam Mayor, we have four of the citizens who spoke in the Petitioner's Section who have remained on Webex, so I can invite them to speak now and see if they have any comments that they'd like to share in this public hearing. Mayor Burk:All right. Page 131 February 23, 2021 Keith Markel: Ms. Kumar, I'll start with you.You're unmuted. Anjali Kumar: No comment. Thank you though. Keith Markel: Thank you. Ms. Baker, I will unmute you if you have any comments. Elizabeth Baker: I do not at this time. Thank you. Keith Markel: All right. Thank you. Mr. Thomas, if you have any comments. We have no other participants online, Madam Mayor. Mayor Burk: All right. In that case, then I will close this public hearing. Does anyone have a motion that they would like to make at this point? No.Yes, Mr. Bagdasarian. Council Member Bagdasarian: I move to approve the proposed ordinance amending subsection 4(d) of Leesburg Town Code Section 24-182. Mayor Burk:All right. Mr. Bagdasarian has made the motion. Is there a second? Vice Mayor Martinez: Second. Mayor Burk: Second by I think Vice Mayor Martinez.All in favor indicate by saying, "Aye." Council Members:Aye. Mayor Burk:Opposed?That passes 7-0.New business.We have a new business item.Mr.Cummings, you asked for this to be discussed at this point? Council Member Cummings: Yes, thank you. I wanted to discuss amending resolution 2021-025 which is the Pandemic Business Assistance and Recovery Plan that we passed earlier this year. As I think we all are aware,and I believe Mr. Seymour is here to answer any questions if folks have specific questions where we had an incredible response to the Leesburg Business Grant, and we had allocated $500,000 to those grants. We're now close to$860,000, is what I've heard, of the grants. I'd like us as a Council to amend the amount for the grants to a total of not more than a million dollars. I don't think we should open the grants back up. I think I just don't want to have to come back here if it is over$860,000.We have some language that the staff put together in front of us for the amendment. In addition to that, there is other items in the Pandemic Business Assistance and Recovery Plan that we had talked about allocating some money to those we would not be considering those any longer at this point. We would just be using the funds to fund the rest of these Leesburg business grants for qualified folks who applied before we exceeded our allocated money. I'm happy to answer any questions. I think Mr. Seymour may if you have anything for Mr. Dentler if you have anything. Mayor Burk: Do you have-- I'm sorry, I didn't mean to interrupt you. Council Member Cummings: That's okay. Mayor Burk: Did you make the amendment motion for the amendment? [crosstalk] [unintelligible] motion the amendment. Sorry. Council Member Cummings: Yes. I move to amend the resolution 2021-025. The amendments can be found in our blue folders for the specific but specifically to increase the funding for the Leesburg business grants not to exceed a million dollars. Mayor Burk:All right. I have to get a second amendment. Is there a second on this amendment? Council Member Nacy: I'll second it. Mayor Burk: Ms. Nacy. Is there any additional questions at this point, Ms. Fox? Page 141 February 23, 2021 Council Member Fox: Yes. Should this amendment include what Council Member Cummings talked about where this just goes to businesses and not to any of the things that we were'discussing before? Should that be part of this motion? Mayor Burk: I'm going to defer to you, Mr. Spera, on that one. Christopher Spera: The way that this ordinance is drafted, in my understanding, what was requested was that we were simply changing the amount in Section 2(b)from $500,000 to a million and we were leaving the outdoor street closure program funding of$25,000 and leave which is in subsection 2(a) and also leaving subsection 2(c),the$50,000 to fund some communication projects within Russ's office. That was our understanding as staff. Mr. Cummings, are we getting rid of the 25 and the 50 or we're leaving those as is? Council Member Cummings: No, thank you for bringing that up. Those will stay. It was three, the additional in the recovery plan that I mean, and I apologize for not being clear. We won't be looking to do anything else at this point with the Recovery Fund or any kind of funding to help at this point in addition to this. Christopher Spera:That's how we've prepared it?We've deleted subsection three which was basically let's wait and see. Essentially, we're doing what subsection three called for in the prior amendment if that's correct? Does that answer your question, Ms. Fox? Mayor Burk: Does that need to be a part of the amendment that he just read? Council Member Fox: That was my question. Exactly what the Mayor just said. Christopher Spera: The revisions that are in your folder, what Mr. Cummings has just described, do not change the outdoor dining of 25,000. They do not change the support for the Economic Development Department at 50,000. All that's changed is your $500,000 allocation to the Business Grant Program goes from 500 to a million. Is that your[crosstalk] Mayor Burk: 500 what? Christopher Spera: From 500,000 to 1 million. Mayor Burk: He had additional things in there. If I remember $25,000 for the Small Business Administration and-- Christopher Spera: $25,000 for the Outdoor Dining Program. 50 for the Economic Development Department. Those do not change. Those remain. Mayor Burk: Right, but there were additional things that were on there. Council Member Fox: The SPDC. I think there was-- I don't remember. Christopher Spera: That was integrated with-- Council Member Cummings:We never agreed to those in the initial resolution..[crosstalk] Council Member Fox: I see. Christopher Spera: Only those three things. Council Member Fox: Okay. There you go. Christopher Spera: There was discussion of the other things, but only those three were in the resolution as adopted. Mayor Burk:All right, thank you. Does that take care of that? Page 151 February 23, 2021 Council Member Fox: Yes. Mayor Burk: Mr. Bagdasarian. Christopher Spera: I'm sorry. I was not clear. That's my fault. Council Member Bagdasarian: Mr.Seymour, is there any chance that the grant amount would exceed 900K if it's worth 860 right now? Russell Seymour: I can tell you as of five minutes ago,we are still processing the applications that are coming in. We are now at a confirmed 620,000. As of whenever we were putting this together, that's how many we know were actually approved and have been through our system.We anticipate it going up to about 890,000. So at this point, we do not see an opportunity where it's going to go above that. Could drop a little bit lower as we're continuing to evaluate the applications. That is where we are and that's the best snapshot I can give you at this time. Council Member Bagdasarian:Would it make sense because the way this was structured,that there was the immediate aid and then there were recovery efforts. The Town always had some sort of cash to support that effort.Would it make sense to raise the amount from 500 to 900, and have 100,000 for recovery funds that the EDC would direct? Russell Seymour: The only concern I think as was brought up this evening by Council is that, if we do indeed, for some reason--One of the examples is when we did the CARES Act funding,we had gone through this similar process, we had everything laid out. Then, in going back again, there were some businesses that actually came back and said, "Wait a minute, we're appealing this." There was some fluctuation, not much, but there was some. I think at this point we are very concerned.We absolutely do not want to go anywhere near that million- dollar limit. That is our maximum ceiling for this. I think if we were able to have some flexibility, fortunately, we will come in underneath that and then we can come back and do something with the others. Council Member Bagdasarian: Okay. Sorry, last thing. Have we heard anything about additional Federal funding coming down for aid in the upcoming months? Russell Seymour: Nothing specific. There are rumors out there based on the PPP focus and on other programs. Been in talking with some of the other Economic Development Directors. There's been nothing that's been looked at coming down to our level at this point. Council Member Bagdasarian: Okay. Thank you. Mayor Burk: Mr. Steinberg. Council Member Steinberg: I guess this is a question for the Town Manager. When we considered initially this program,we did so very carefully in terms of the amounts at which we arrived.The 500 plus thousand that we arrived at for the Assistance Program was a fairly careful figure. We wanted to be sure we-- in this tight budget we didn't overextend. I'm just asking, are we comfortable increasing this 300 and somewhat thousand dollars or$400,000? Are we on safe-ground or given, for example, the petitioners that we heard tonight in other situations, is this one of the, I don't want to appear heartless to the businesses I know, but we have harsh realities here so I want to be sure we're on solid ground if we were to approve this. Kaj Dentler: I'm comfortable with us taking the approach that's proposed in front of you which is a maximum of a million dollars in business relief, plus we have the other two items that total 75,000. The maximum exposure we're talking is $1,075,000. I'm comfortable with that because if you recall, I was not comfortable over a million, this is obviously 75,000 over but I think we can handle that. I don't know that we'll fulfill the full million dollars as Mr. Seymour just said, indicated, it might be closer to 900,000. I'm okay with how that plays out. I would not be comfortable with it going beyond$1 million Page 161 February 23, 2021 of business grant relief. If that is what you're looking for, and I think I heard you, I'm okay with what is proposed in front of you. Council Member Steinberg: Okay. Thank you. Mayor Burk: Ms. Fox. Council Member Fox: Oh, I actually, I do.When did the applications close? Russell Seymour: The applications opened up on Friday the 12th and we closed them on Monday afternoon, actually Monday evening on the 15th. Council Member Fox: Okay, nothing else will be accepted from that point? Russell Seymour: That is correct. We closed them because at that point, we had already gone over the original limit in the process. Council Member Fox: Okay. Thanks. Mayor Burk:All right. Mr. Martinez, I don't want to forget you. Vice Mayor Martinez:Well, I [unintelligible] because I'm not there in color.What I did want to ask is you just made a comment that you cut off the applications when you cross the threshold. Are you now going to accept applications and up to what threshold are you going to accept them? Russell Seymour: No, sir. Mr. Martinez, we have exceeded the original threshold that was set. Once we knew that was our approach,we shut it down as quickly as we possibly could.The applications that we have received and that are currently being reviewed by staff will more than meet that requirement and come in just under that million dollar mark.We will not be opening it back up. Vice Mayor Martinez: Thank you. That's all the questions I have. Mayor Burk:Thank you.All right,we've got the amendment made by Mr. Cummings and seconded by Ms. Nacy. Let's vote on that all in favor, indicate by saying, "Aye." Council Members:Aye. Mayor Burk: Opposed? That passes 7-0. All right. That takes us to disclosures and comments and additions to any future meeting. Ms. Nacy,we'll start with you. Council Member Nacy: I don't have any disclosures and my only comment was just on the press release today from the police department and just the outstanding job that they're doing to make sure that our community is safe and as crazy as it was. [laughs]Thank you. Mayor Burk:Thank you, Mr. Bagdasarian. Council Member Bagdasarian: No disclosures. Mayor Burk: Mr. Cummings. Council Member Cummings: No disclosures, no comments. Mayor Burk: Mr. Steinberg. Council Member Steinberg: One disclosure, a phone call meeting with Shye Gilad with Projet and I have no comments. Thanks. Mayor Burk: Ms. Fox. Page 171 February 23, 2021 Council Member Fox:Yes, I do. I would hope to get some memo or something. I've been riding around Town and have been stuck behind trucks that have been double-parked for a long time. I just wanted to find out what our ordinance is for that. They seem to be delivery trucks and they seem to be just sitting there with their flashers on for a heck of a long time kind of blocking a full lane of traffic. I'm wondering is that something that's permissible or something that's a problem? I.think it's a problem with some drivers but do we allow that in Town?That's it. Mayor Burk:All right. Myself, I just have two disclosures. I had a conversation with Mr.Gilad and a text with Mr. Chuck Kuhn and I want to welcome Hammer and Nails to the village of Leesburg. They had their opening last week,that's a male man's grooming location. It's lovely, and it was a lot of fun, Chair Randall also attended. I want to welcome them as a new business opening during the pandemic.What an amazing, proud, and very brave group of people to do so, congratulations to them. I also was honored to do a presentation of our proclamation that we passed to Pastor Parsons from the Leesburg Presbyterian Church at her going away ceremony. Texas is really getting a treasure to really getting their treasure and Virginia is losing one. Ms. Parsons is just a wonderful religious leader and her church members will miss her terribly.We were very lucky to have her while we were here. That is all I have. Mr.-- Vice Mayor Martinez: Madam Mayor? Mayor Burk: Oh, I forgot you. I'm sorry, Mr. Martinez. It's hard to[crosstalk] Vice Mayor Martinez: It's quite all right. I would like a clarification with the Town Attorney. When it comes to disclosures, my impression was that disclosures were only for when we were talking to applicants, developers or anybody who is doing actual business with the Town, not a discussion of something with a business owner. Christopher Spera: I think it's a little broader than that. It could be actual or potential. If they were coming to you to talk about something that they wanted you to do in your capacity as a government official, I think the best practice is to disclose. Vice Mayor Martinez: Okay, the reason I'm asking is I've had a lot of discussions with people about the Ad Hoc Airport Committee, and I did not think it warranted disclosures because they were not about business with the Town.Just about the committee and its intent. Christopher Spera: You were the chair of that committee. To the extent that you're having those discussions in your capacity as the chair or their organizational discussions, then I don't believe those are necessary for disclosure. If they're not asking you anything--If you're reaching out to them collecting information in your capacity as chair of that ad hoc committee then I think you're fine. Vice Mayor Martinez: Okay. I just wanted to make sure that I understand that because then I'd have to fill up about 10 disclosure forms.Anyway,what I also would like to say is I'm getting my second shot on Thursday, and hopefully, I'll be recovered enough to attend the next meeting in person. I'm looking forward to that. Thank you. Mayor Burk: It's about time.We'll be happy to have you back, Mr. Martinez. Vice Mayor Martinez: I don't think so. You keep forgetting me so this is my way of saying you can't. Mayor Burk:That's right. It'll be a lot harder.All right. We have a closed session.Are we going to do it in here? Okay. Let me see what the wording for the closed session. Okay, I move pursuant to Section 2.2-3711(A)(3) at the Code of Virginia. I move that the Leesburg Town Council convened in a closed meeting for the purpose of discussion and receiving information regarding the potential acquisition of real properties for a public purpose. Is there a second? Council Member Steinberg:Aye. Mayor Burk: Second by Mr. Steinberg.All in favor?Opposed?All right.We will go into closed session at this point. Page 181 February 23, 2021 [Council convened in a Closed Session from 8:13 p.m.to 8:57 p.m.] Mayor Burk: Are we on?All right. In accordance with section 2.2-3712 of the Code of Virginia I move that the Council certified to the best of each members knowledge only public business matters lawfully exempted from an open meeting requirement under Virginia Freedom of Information Act, and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed and considered in the meeting by Council. Council Member Fox. Council Member Fox: Aye. Mayor Burk: Council Member Steinberg. Council Member Steinberg:Aye. Mayor Burk: Council Member Cummings. Councilmember Cummings:Aye. Mayor Burk: Council Member Bagdasarian. Councilmember Bagdasarian:Aye. Mayor Burk: Council Member Nacy. Council Member Nacy:Aye. Mayor Burk: Vice Mayor Martinez. Vice Mayor Martinez:Aye. Mayor Burk:And Mayor Burk.Aye. Do I have a motion to-- Vice Mayor Martinez: [crosstalk] Motion to adjourn. Mayor Burk:Thank you. Second. Council Member Cummings: Second. Mayor Burk: Second by Mr. Cummings.All in favor indicate by saying Aye. All:Aye. Mayor Burk: Opposed?All right. Everybody have a nice week. Page 191 February 23, 2021