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HomeMy Public PortalAbout2021_tcmin0309 COUNCIL MEETING March 9, 2021 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly 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 Finance and Administration Clark Case, Director of Utilities Amy Wyks, Director of Public Works and Capital Projects Renee LaFollette, Director of Human Resources Josh Didawick, Director of Plan Review Bill Ackman, Director of Economic Development Russell Seymour, Land Acquisition Manager Keith Wilson, Management and Budget Officer Jason Cournoyer, Senior Management Analyst Cole Fazenbaker and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Nacy. 3. SALUTE TO THE FLAG was led by Mayor Burk. 4. MINUTES a. Work Session Minutes of February 22, 2021 MOTION2021-050 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the minutes of the Work Session of February 22, 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 b. Regular Session Minutes of February 23, 2021 MOTION 2021-051 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the minutes of the Regular Session of February 23, 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 1 i Page COUNCIL MEETING March 9, 2021 6. ADOPTING THE MEETING AGENDA MOTION2021-052 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the meeting agenda was moved for approval. 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 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Women's History Month Mayor Burk read the proclamation for Women's History Month and noted that it would be mailed to Ms. Doode Summers who created a program called the Young Kings Movement. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS Vice Mayor Martinez reported on the Northern Virginia Regional Transportation(NVTA)meetings. Mayor Burk reported on the Northern Virginia Regional Commission meetings. 11. PETITIONERS The Petitioner's Section was opened at 7:10 p.m. William Weisberg, 122 Lawson Road. Spoke to Council regarding the Lawson Road project and thanked Council for considering their request to move it up on the Capital Improvements Project schedule. Pam Schoppert. Spoke to Council regarding the Lawson Road project and thanked Council for considering their request to move it up on the Capital Improvements Project schedule. Christine Dean. Spoke to Council regarding the Lawson Road project and asked for their support to move it up on the Capital Improvements Project schedule. 2 I Page COUNCIL MEETING March 9, 2021 The Petitioner's Section was closed at 7:17 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2021-053 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the following consent agenda was proposed: a. Occupational Health Services Contract with Concentra Medical Centers RESOLUTION2021-041 Award an Occupational Health Services Contract to Concentra Medical Centers b. Donation of a Surplus Police Vehicle to the Leesburg Police Citizens Support Team RESOLUTION2021-042 Donation of a Town of Leesburg Surplus Police Vehicle to the Leesburg Police Citizens Support Team c. Enhanced Multi Barrier Treatment Technology Evaluation and Design Implementation at Water Treatment Plant RESOLUTION2021-043 Approving a Task Order for Enhanced Multi-Barrier Treatment Technology Evaluation and Design Implementation to Hazen and Sawyer in the Amount of$147,338.39 d. Paving at the Water Pollution Control Facility RESOLUTION2021-044 Awarding the Contract for the Water Pollution Control Facility Paving to Tibbs Paving, Inc. in the Amount of$160,820.98 e. Authorizing Letter to Washington Metropolitan Area Transit Authority (WMATA) RESOLUTION2021-045 Authorizing the Mayor to Send a Letter to the Washington Metropolitan Area Transit Authority(WMATA)Supporting Their Efforts in Providing Cleaner Forms of Public Transportation and to Encourage WMATA to Accelerate the Scheduled Implementation of Electric Fleet Buses 3 I Page COUNCIL MEETING March 9, 2021 f. Amending Resolution 2021-030 to Remove the March 20, 2021, Budget Work Session RESOLUTION2021-030 Fiscal Year 2022 Budget Review and Adoption Schedule(as amended) 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 13. RESOLUTIONS /ORDINANCES /MOTIONS a. Ethics Policy Mayor Burk requested this item be tabled to the first meeting in June. MOTION2021-054 On a motion by Mayor Burk, seconded by Council Member Steinberg, the following was proposed: To table the Ethics Policy discussion to June 8, 2021 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: Fox Vote: 6-1 14. PUBLIC HEARINGS a. Public Hearing—Fiscal Year 2022 Proposed Budget The Public Hearing was opened at 7:20 p.m. Mr. Jason Cournoyer presented an overview of the Town Manager's Proposed Fiscal Year 2022 Budget. Public Speakers: James Robberstad. Spoke to Council regarding the Town Branch erosion project and requested Council consider moving it forward on the Capital Improvements Program schedule. Martha Vedder, 401 Mosby Drive. Spoke to Council regarding the Town Branch flooding issues and requested Council consider moving it forward on the Capital Improvements Program schedule. The public hearing was closed at 7:38 p.m. 4 I Page COUNCIL MEETING March 9, 2021 Council and staff discussed the proposed budget and Capital Improvement Projects. 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS /ADDITIONS TO FUTURE MEETINGS Council Member Nacy disclosed that she discussed the Royal Street project with Mr. Mike McLister. Council Member Bagdasarian reported that representatives from the Commission on Public Art(COPA) and Economic Development Commission(EDC)met to discuss relaunching the Arts and Cultural District in downtown Leesburg. Council Member Steinberg noted that when Council meets for its retreat that he would like to see some IT goals discussed to create a more secure IT system for the Town. Mr. Steinberg requested a Work Session discussion on affordable housing and workforce housing and how those terms are defined and addressed in the Legacy Leesburg Plan currently under review. It was the consensus of Council to add this discussion to a future Work Session discussion. Vice Mayor Martinez noted that he has been fully vaccinated and is now comfortable attending Council Meetings in person. Mr. Martinez said he is also looking forward to baseball season. Council Member Cummings thanked the members of the public who spoke to Council to provide their comments regarding the Capital Improvement Projects. 18. MAYOR DISCLOSURES AND COMMENTS /ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed that she met with Mr. McLister regarding his request for a Zoning amendment/text changes. Mayor Burk thanked the Loudoun Country Day School for inviting her to participate in the "If I Were a Mayor" program. Mayor Burk shared the contents of a book prepared for her by the pre-kindergarten students. Mayor Burk noted that she received a phone call from a student named Amelia from Tuscarora High School who told her she started an anti-bullying club. The Mayor shared some of the issues facing students and Amelia's efforts to stop it. Mayor Burk participated in Leadership Loudoun's Lobby Day and shared with attendees how the Mayor and the Council operate. The Mayor attended a dinner in support of the Young Kings Movement run by Ms. Doode Summers which is an 5 I Page COUNCIL MEETING March 9, 2021 afterschool club for young men of color. Mayor Burk noted that she attended the Spring Fling that was held at Freedom Park. Mayor Burk wished everyone a Happy St. Patrick's Day. 19. TOWN MANAGER COMMENTS Mr. Dentler shared with Council that the Town would be holding a Community Severe Weather Preparedness event in cooperation with the National Weather Service. Mr. Dentler said he would check on the times and platforms available and share with Council. 20. CLOSED SESSION a. Potential Acquisition of Real Properties MOTION2021-055 On a motion by Mayor Burk, seconded by Council Member Cummings, the following was proposed: 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 7:54 p.m. Council reconvened into an Open Session at 8:06 p.m. MOTION2021-056 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, Vice Mayor Martinez—aye, Council Member Bagdasarian— aye, Council Member Nacy—aye, and Mayor Burk—aye Vote: 7-0 6 I Page COUNCIL MEETING March 9, 2021 21. ADJOURNMENT On a motion by Council Member Bagdasarian, seconded by Vice Mayor Martinez, the meeting was adjourned at 8:07p.m. Kelly B yor Town of Leesburg ATTEST: Clerk of Council 2021 tcmin0309 7 I Page March 9,2021 —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.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: Before we begin the meeting, I would like to remind everybody to please speak into your microphone.Get as close as you can and speak into the microphone with our masks.Staff is really struggling to understand us. I would like to call tonight's meeting of the March 9th, 2021 Meeting of the Town Council. If anyone in the room needs hearing assistance, please see the Clerk.Council Member Nacy will give the invocation,followed by Mayor Burk with the flag. Council Member Kari Nacy: Thank you. I'm going to read a prayer that I found. Father, we come to you this hour, asking for your blessing and help as we are gathered together.We pray for guidance in the matters at hand, and ask that you would clearly show us how to conduct our work with the spirit of joy, enthusiasm, and fairness. Give us the desire to find ways to excel in our work, help us to work together,and encourage each other to excellence.We ask that we would challenge each other to reach higher and further to be the best we can be. In your name,we pray.Amen. Mayor Burk: Please, stand and join me for the Pledge. All: 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: Members of the public can now participate in Council meetings electronically. Any member of the public that wishes to participate in the public portion of the meeting should log on to Webex, or call in to the telephone number listed on the top of the published agenda. Our roll call today should reflect that all members of Town Council are here tonight.I have minutes from the February 22nd work session, do I have a motion to accept them?Vice Mayor Martinez. Second? Council Member Zach Cummings: Second. Mayor Burk: Seconded by Council Member Cummings.All in favor, indicate by saying,Aye. Council Members:Aye. Mayor Burk: Opposed?That's 7-0. Regular session minutes of February 23rd? Vice Mayor Fernando"Marty" Martinez: So moved. Mayor Burk: So moved by Vice Mayor Martinez. Second? Council Member Ara Bagdasarian:Aye. Mayor Burk: Seconded by Council Member Bagdasarian.All in favor? Council Members:Aye. Mayor Burk: Opposed?That passes 7-0. Do I have a motion to adopt the meeting agenda? Vice Mayor Martinez: So moved. Mayor Burk: Moved by Vice Mayor Martinez. Second? Council Member Cummings: Second. Page 1 I March 9, 2021 Mayor Burk: Seconded by Council Member Cummings. All in favor. Does anybody want anything deleted or added?All right, all in favor, indicate by saying,Aye. Council Members:Aye. Mayor Burk: Opposed?That passes.All right.We do not have any certificates of recognition, but we do have a proclamation for Womens' History Month. This proclamation I will read for the record, but it will be mailed to Doode Summers, who has created a program called the Young Kings Movement, helping young men of color to reach an attainable goal with the leadership of other African-Americans and Hispanic leaders. Women's History Month.Whereas,our nation's history is rich with amazing stories of American women of every race,class,and ethnic background,that are strong,courageous and brilliant,who have played an integral part in the contribution to the growth and strength of our nation,whilst simultaneously raising generations of vibrant children, and providing leadership to local communities. Whereas, during Womens' History Month, we play tribute to the remarkable women who prevail over our enormous barriers, paving the way for women of today, not only to participate in but lead and shape every facet of our community and economic,cultural and social roles. Whereas, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which created a more fair and just society for all.Whereas, despite these contributions, the role of the American woman in history has been constantly overlooked and undervalued in literature, teaching, and the study of American history. Therefore, proclaimed by the Mayor and the Council of the Town of Leesburg in Virginia, hereby proclaim the month of March of the year 2021 as Womens'History Month in the Town of Leesburg,and urge the citizens of Leesburg to join in recognizing the contributions and the accomplishments of women throughout the history of our nation, proclaimed this 9th day of March 2021.This will be mailed to Miss Summers tomorrow. Okay,we have any regional reports.Anybody?Yes, Mr.Vice Mayor Martinez. Vice Mayor Martinez: Hi. I attended a couple of meetings with the NTVA,the National Transportation Board,and we talked about--One, I had an introductory to what they're trying to do.Also,one thing that I wanted to bring forward was they're doing a planning, a vision statement, or a plan process that is linkage to funding programs. This transaction plan is updated every five years. It's a basis for subsequent funding program updates and they're doing that this year. I just want to give you an idea, the phase one, identification, need, priorities, will be from March to October this year.Phase two,analysis of corridor segment packages,will be worked on from November to April of next year,and report, review,and finalization of the plan will be May 2022 to November 2022. In the discussion we had, we talked about everything from roads, transportation, different modes of transportation, expanding bike paths, walking corridors for people who want to move back and forth. I know we mentioned earlier about a letter about electric buses, and all that and that is definitely in their plan to do this. What I plan on doing, as I go through these different segments, is to talk with you all about what's going on and how it's going to impact us as a Town. One of the big things in transportation is digital and electric cars, and trying to implement those strategies. We talked about also having to have strategies about cars that have no drivers or cargo trucks that drive by themselves and they're loaded, and how are we going to implement this.We talked about embedded road systems and how we're going to do all that.These were just things we touched on. If you want the copy of the presentation that we went through at that last meeting or an agenda of what we went through our last meeting, I'll be glad to send it to you. I also have a really draft copy of the strategies and how we're going to implement that. They're also talking about artificial intelligence that can also be part of that. It's the Transportation Technology Strategic Plan and that is what we're going to be working on. For me,being on this committee and being part of the discussion, I'm really excited about and if some of you are interested in reading some of the Page 21 March 9, 2021 material, or want to put forth your ideas and advocate for some of the different changes, I'd be more than willing to share them with the committee. One of the things that has always been a big thing-- I'm also on the Transit Advisory Board for the County. One of the things that I always envisioned is, I can remember when I was a kid in East LA, being able to take a bus from point A to point B and making a couple of transfers, but the transportation system was pretty simple, and they didn't take a whole lot to do, and we don't have that here. I would love for us to be able to say that you could be in Purcellville,take a bus, and get to Sterling in less than an hour using a bus system at a pretty, affordable cost. Those are things that I'm really trying to push forward, both on the NVTA and in the Transit Advisory Board.That is my report. I will be having another meeting towards the end of this month, and I'll make sure that as I gather information,to be bringing it forward to this Council. Mayor Burk: Thank you, Mr. Martinez. Is there anyone else who has a report at this point? I still am continuing to meet with the Northern Virginia Regional Commission Mayors and chairs every Monday to talk about two things. The COVID, what's going on with COVID, and vaccines. I share with you all that information that I receive and the second one is the Loudoun Mayors and the Chair meet every other week on a Thursday, and a lot of the discussion deals with COVID, but I've also shared all of that information with you. Please,feel free to share it with the public. We are now at the petitioners section. One of the first orders of business is to hear from the public.All members of the public are welcome to address Council on any item matter or issue. Please identify yourself and in 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 ask that you observed 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 you have one minute remaining. At that time, we would appreciate your summing up and yield in the floor when the bell indicates your time has expired. For those participating on phone, you will hear a bell when your time is up. Under the rules 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've heard from anyone present in the room,we will hear from the members of the public on the phone or Webex.The first name on the petitioners is not there.There's no one signed up at this point.We will go to the Webex and then I'll come back and see if there's anybody in the room that would like to speak that hasn't signed up. Is there anybody on? Keith Markel: Madam Mayor. Mayor Burk:Yes. Keith Markel: We do. We have one member of the public participating on Webex this evening, Mr. Weisberg is on Webex. When I unmute you, Mr. Weisberg, you'll have five minutes to make your comments. William Weisberg:Thank you very much. [clears throat] Excuse me.William Weisberg. Our address, my wife,Jennifer and I live at 122 Lawson Road here in Leesburg. Mayor Burk: Could you spell your name for the record, Mr. Lawson? I'm sorry. William Weisberg:Sure,certainly.W-E-I-S-B-E-R-G.First name,William.Address, 122 Lawson Road. Mayor Burk:Thank you. William Weisberg: Fortunately,it won't take five minutes to say thank you to the Mayor and the Council. Our neighborhood has been following and advocating for the footpath bridge at the Tuscarora Creek down here at Lawson Road. It appears that that will be proceeding more quickly than any of us could Page 31 March 9, 2021 have hoped given both the safety and other issues involved.This was just an opportunity to say thank you to all of you. Having had some experience with public service, its a thankless job,especially at the State and local level. It was pleasantly astonishing to us the degree of interest and time that all of you put into this on relatively short notice.Again,a heartfelt thanks from relatively large neighborhood that is seeing one of its better features finally being repaired, or at least the prospect of it. I'll sign off now, but again, thank you. Mayor Burk:Well,you have three more minutes if you want to continue thanking us that would be fine. [laughter] Mayor Burk: No[laughs].Thank you very much, Mr.Weisberg. Is there anybody else? Keith Markel: No, madam Mayor.That is our only participant online. Mayor Burk:All right. Is there anybody in the audience that would like to speak? Pam Schoppert: I'm going to sign my name on both of the sheets. Mayor Burk:That's all right.You're just fine. Pam Schoppert: Hi, my name is Pam Schoppert. My last name is spelled S-C-H-O-P-P-E-R-T and I'm also speaking on the Tuscarora Creek Lawson Road Crossing. Thank you, Mayor Burk, thank you, Town Council Members. When our neighbors from Beauregard Estates and beyond brought you our concerns about the footbridge crossing of Tuscarora Creek at Lawson Road, you did several things. First,you listened,you gave us ample time at the last Board meeting that was in person here to express concerns about property destruction, environmental erosion, waiting 12 years for this project to begin, and most importantly, safety. The concerns of our family, our friends, and most importantly, our children, you took to heart. Second thing you did,you came and you looked.Thank you for visiting the site.You came to our neighborhood, you met with us to see with your own eyes, the destruction damage, and inherent risk. Thank you. It was nice to get to know many of you better in that way, and we appreciate your time. Third,you responded.Thank you for the unanimous vote last night to move this project up as soon as possible.Whether it was through press or email all day-to-day, neighbors came out to meet each other on the road,we shared emails just in thanks for prioritizing this project.A couple more words of thanks, thank you to Town Manager Kaj Dentler for planning and prioritizing. We realized that things had to move and we're very grateful for that.Thank you in advance for the team that will implement this project, and that's what I want to take the next moment to talk about. For us, the project we know could start as soon as July, but the safety risks, the damage control, and the recreational benefit for our neighborhood isn't done until the project is complete. I have here the plans from the October studies and what's going to happen with the plans. It says that the project is going to take three years. It says that it will take months to procure the engineer. It will take another year and a half for design permits, and then another year after that for construction. I'm a project manager myself, I know that things take time and I know there are things that need to be crossed off first, but the safety risks and these things for us are not realized until the project is completed. Please don't take your eye off the ball. Please don't forget us. Please make sure you look for every opportunity to crash the schedule and escalate and prioritize. Thank you, Mayor Burk, for being a connector of people.We look forward to the opportunity tomorrow to talk to Ms.[unintelligible]to speak to her,and show her the site.That's all I have to say.We're very much appreciative. I will say one other thing,there were going to be a lot more people that we're going to speak tonight. I think only a few of us now because everybody's celebrating this evening.Thank you. Mayor Burk: [laughs] Thank you very much for coming out. Is there anybody else that would like to speak that didn't sign up at this point? Page 41 March 9, 2021 Keith Markel: Madam Mayor Burk, we do have a new participant online. I can call that person now. Ms. Dean, I'm going to unmute you,you'll have five minutes. Christine Dean: Just to talk about what Pam had said, we were very much, in the neighborhood as well,we cross that bridge all the time. It's just been a big issue. The erosion,the safety concerns.We have five kids and they go down there all the time.They cross the bridge.They go to the W&OD.They talk about going to the trail and to the dog kennel. Everything, it's just something that we need to address. It's been on the agenda for so long, and it's something we would really appreciate if we can get taken care of sooner than later.Thank you. Mayor Burk:Thank you. Is there anyone else? Keith Markel:We have no additional callers online. Mayor Burk:All right. Is there anybody in the audience that would like to speak at this point? I will close the petitioner section. I'm sorry.We have approval of the consent agenda. I will read the items and then ask for a motion and if anybody wishes to remove anything. 12A is the Award of Occupational Health Services Contract to Concentra Medical Centers. B is the Donation of a Town of Leesburg Surplus Police Vehicle to the Leesburg Police Citizens Support Team. C is approval Task Order for Enhanced Multi-Barrier Treatment Technology Evaluation and Design Implementation to Hazen and Sawyer in the amount of a hundred and forty-seven thousand three hundred and eighty-eight dollars and thirty-nine cents, and D is awarding the Contract for the Water Pollution Control Facility Paving to Tibbs Paving, Inc. in the amount of a hundred and sixty thousand eight hundred and twenty dollars and ninety-eight cents. Authorizing the Mayor to send a letter to the Washington Metropolitan Area Transit Authority supporting their efforts in providing cleaner form of public transportation and encourage WMATA to accelerate the scheduling implementation of electrical fleet buses. And F is amending the resolution 2021-030 to remove the March 20th, 2021 budget work session. Do I have any items that would anybody wishes to remove? Is there a motion to accept the consent agenda? Vice Mayor Martinez: So moved. Mayor Burk: So moved by Mr. Martinez. Seconded by Mr. Cummings.All in favor indicate by saying, Aye. Council Members:Aye. Mayor Burk: Opposed? That passes 7-0. The next item on our agenda is the resolution item for the Ethics Policy. I would like to make a motion to table this policy until the first meeting in June.This is not debatable. It's just a yes or no vote. I'm making the motion. Do I have a second?[inaudible]Again,this is just a yes or no vote.All in favor indicate by saying,Aye. Council Members:Aye. Mayor Burk:Opposed?It was Mr. Martinez, Mr.Cummings,Mr.Bagdasarian, Mr.Steinberg, Ms.Burk. Council Member Nacy, I couldn't hear you. Council Member Nacy: [laughs]Yes. Mayor Burk:And Ms. Fox, no. Correct? Eileen Boeing: Excuse me, ma'am. [crosstalk] Mayor Burk:That will come back up for future discussion on the- Eileen Boeing: Ma'am,who was the second on that? I'm sorry, I didn't get that.Who's-? Page 51 March 9,2021 Mayor Burk: Council Member Steinberg. Eileen Boeing:Thank you. Mayor Burk:We have a public hearing on the Fiscal Year 2022 Proposed Budget. Let me get to that one. I have to read that one too. I call to order this March 9th, 2021 public hearing on 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'll give you the opportunity to speak. We will also provide remote public participation for callers on the phone or the Webex. In all cases, please identify yourself,and if comfortable,give your address for the taped record and please spell your name for the 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. However, rather than have numerous citizens present remarks on behalf of a group, the Council will ask a spokesperson for a 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 their requests for additional time. First,there is a brief presentation from staff about the item,and second members of the public that have signed up to speak will be called and given their five minutes to make their comments. The public hearing item on the agenda tonight is for Fiscal Year 2022 Proposed Budget.Jason. Jason Cournoyer: Yes, ma'am. Thank you. Good evening. My name is Jason Cournoyer. I'm the Management Budget Officer here for the Town of Leesburg. This evening's public hearing is on the Fiscal Year'22 Proposed Budget the Town Manager presented on February 9th.Good evening Madam Mayor Burk,the Council Members,and those watching from home.It's a brief presentation to go through some of the budget highlights has pointed out on Kaj's initial presentation on February 9th. We are still dealing with the remnants of our current pandemic conditions and economic impacts coming from that, so the'22 budget approaches that with a recovering economy, however, remaining cautious in its approach for the future.As part of the response,we,the Town,develop a multi-year financial plan for FY 2022 through 2024 that used the strategic reserves placed by restructuring debt earlier this year, and that is included in the'22 budget.As part of that process,we did restructure some existing debt in December 2020, at that time, all three bond rating agencies reaffirmed our triple triple-A rating, which is the highest awarded for each. The 2022 budget also maintains the current real estate tax rates that is 18.4 cents per a hundred dollars of assessed value.This chart here is by our major funds. Our operating funds are the general fund that utilities fund,the capital improvements program,includes some part of the utilities fund,but also capital projects fund and NVTA fund. Overall, all funds included, the total amount is 137,579,803, which is a decrease compared to the current adopted budget. This chart is an exhibit to show where your local tax funding dollars go.Then, you can see 77 cents of each tax dollar collected by the Town goes towards a major quality of life issues and public safety agencies where you would want it to go. Including Police, Parks & Recreation, the Balch Library, our Capital Infrastructure program & Public Works. This serves as exhibit. This is one that we've shown many times to you. This far on the fiscal year 2022 revenues, these are some of the notable larger revenues and the increase or decrease compared to the current adopted budget. You can see the recreation center, as well as the investment income are by far our largest decreases, which we've discussed in the past. It is offset by a strong reassessment in real estate, so there's a increase at the 18 4 tax rate for real estate taxes, as well as a strong rebound in the sales and use tax, primarily due to internet sales here in the Town. There are some notable adjustments in the - expenditures, the largest being the debt service, that is a result of our robust CIP, which I'll address in Page 61 March 9, 2021 a moment, as well some of that debt restructuring that we've done to strategically create reserves for the next two years. Also, keeping up with our computer replacements. We have grown more dependent on technology during the pandemic conditions,so we are keeping up with the pace of having a replacement program that sufficiently addresses our technology.As well as recycling contract increases, built one on CPI,but also on the new houses where we're expecting over 250 new residential units in the upcoming year. As well as continuing of our personnel expenses with merit pay-for-performance increases included in FY'22 budget, as well as the workers' comp and unemployment insurance as a result of the current conditions out there, primarily with unemployment as well, but the worker's comp dealing primarily with public safety employees. Something that was not included in '21's budget, but is a result of a pooled unemployment insurance of the state as a whole. With the R3 enhancements in the general fund that were included in the proposed FY'22 budget, one being the continuance of the downtown outdoor dining, where King Street is closed between Loudoun and Market Street on the weekends. It's from 4:00 PM to 10:00 PM on Friday and Saturday, and then 10:00 AM to 6:00 PM on Sundays.Office space for staff and/or the Mayor and Town Council at$60,000, as well as $300,000 to help fund or add additional resources for emergency inclement weather response. The chart here just shows some of the good years and some of the more difficult years,where this one being many small storms where we are expected to spend over$1.2 million. This $300,000 increase would increase our total budget for snow response to$600,000.The overall increase year-over-year is $2.85 million.The column on the left,I just walked through some of those notable increases.The column on the right is the revenues and how we balance our budget. The budget is heavily reliant on the use of those strategic reserves.A lot of that is coming from the lack of growth due to the pandemic conditions or the decrease in some notable spaces. One notable thing is a new tennis air structure. If approved by Council and gone in revenue service this fall, that can produce a yield up to$500,000 to offset those expenditures.The proposed real estate tax rate remains at 18.4. Each penny has increased to a value of$881,250. The overall equalized rate for those is the existing parcels of last year's rules, having a tax bill at the same rate. 17.80 cents is the total overall equalized real estate rate. If we were to adopt equalized rate FY 2022, it does impact both fiscal year'21 and '22, because it is collected on a calendar year basis. FY'22 budget as proposed would have to decrease 530,000, as well as we would have to identify further reductions in FY'21 of$262,000. Due to reassessments that are existing, homes should on average,this is just an average.This shows a median of a$62 increase, which is just over$5 monthly over all residential types. Individual's home is reassessed, so this is just an overall metric or example. Moving forward to the Capital Improvements Program, the CIP remains robust. There are 13 new projects added, eight of them within general government and then five within utilities.The utilities have significantly grown due to their need for reinvestment in their infrastructure. It is covered by the water and sewer user rates. The total being for FY'22, which is the first of the six-year program, is 47,016 and$100.There are 33 projects either under design or construction for FY 22. The utilities fund remains completely covered by the recurring revenue from water and sewer user rates. It's$43.6 million for FY'22. It does include four positions as previously approved as part of the water and sewer rate study. I believe it was in November of 2019.With that, as a summary, the Town does remain cautiously optimistic, going into FY'22. Remains among the fiscally highest rated jurisdictions in the country.We are able using those strategic reserves to propose a budget at the current real estate property tax rate.With that, Madam Mayor, all of my presentation is over. Mayor Burk:All right,thank you.We do have two speakers for tonight.James Robberstad. Excuse me if I mispronounced your name. James Robberstad: No, it's good.Actually, that was pretty good. Page 71 March 9,2021 Mayor Burk: Okay. Come on. James Robberstad: All right. Okay, good evening, Mayor Burk. Good evening, Town Council Members. I appreciate the time, and I'm here to speak and be an advocate for a certain CIP project, which I guess has been dubbed the Town Branch erosion project. I've reached out to many of the Town Council Members to give them a summary of what I've seen as a Town resident and the process that's happened so far, starting back with a January, mid-January meeting,which was hosted by Phil Jones, who's part of the Town staff.Then he summarized a presentation that had been put together by a third- party engineering company. I guess the one key point of this project really is I've been a Town resident for three years and I've really seen an acceleration of the erosion issues in this section of Town Branch,which I'm right in-the middle of. I would say it's the deepest part of the erosion, it's the steepest banks and so forth. I'm here as an advocate for many of my neighbors, which were unfortunately not able to attend tonight. A couple of my neighbors have joined me,and so forth to be an advocate for this project.We fully appreciate there's many great and valuable and productive projects that are on the CIP list, but this project is of personal interest to us because of the impact on our personal properties. I would ask you, as you review all the information that has been presented to you by both.the Town staff and in the message of mine that I've sent out to many of the Town Council Members, I would ask you to consider accelerating this program because just is going to last six months, we have seen a really negative impact of erosion going back to maybe the August storm from last--I think it was part of a hurricane or something like that, that really had a negative impact, and it's encroaching on our personal property now. It's just not in the general floodplain of the Town anymore, it's on people's personal property. I appreciate your time and appreciate your consideration to accelerate this project wherever you can. Mayor Burk:Thank you.Thank you very much.James is followed by Martha Vedder,and then Martha is followed by Pam Schoppert but I think she left. I think she spoke previously[chuckles]. Martha Vedder: Jamie is a tough act to follow[chuckles]. I'm his neighbor down the other end of the street. He's at one end of Mosby's drive, I'm at the other, and I'm sorry I didn't spell my name,V-E-D- D-E-R. Mayor Burk:Thank you. Martha Vedder: I'm at 401 Mosby Drive. I have to read my comments. I've lived at 401 Mosby Drive for over 50 years. Flooding has long been a problem. I've been involved with saving the creek in its original state since 1989. My home has been flooded by Town Branch several times in the past,and as recently as Jamie just said, this past August 2020. My husband and I had to carry up buckets and buckets of water out of the basement areaway to prevent flooding. The Town of Leesburg has taken responsibility for my home and has compensated us for damages sustained by flooding from Town Branch in the past. I have seen the creek change and evolve over the last 53 years. The situation is getting worse and we are generally•concerned. I know there are a lot of needs, but this is especially important to us. I respectfully request advancing this project in any way possible to alleviate this extremely distressing problem and that of my neighbors. I do not believe any of us want my home to be flooded by Town Branch again. Thank you for your service to our community and helping us with this serious problem, and I have a show and tell. Leesburg Today, July 1989. Town Branch of Mosby Drive was in the paper. These are my neighbors who are not here now,but I am.The Leesburg Town Council and its Planning Commission held an unusual July 6th inspection to get a personal view of concerns raised by citizens in SW Leesburg, Mosby Drive,that the proposed development of a residential subdivision may spur flooding of existing homes along Town Branch. Indeed, it did. Normally a placid stream running south of the homes along Mosby Drive,Town Branch has a history of becoming a raging torrent during and after heavy rains. I can attest to that. The history of this little stream it flows from the mountains,comes down through Leesburg behind our houses to the other end Page 81 March 9, 2021 of Leesburg. It used to be the water for the Town of Leesburg a hundred years ago,so it deserves some recognition.Thank you for your service and thank you for your time. Mayor Burk:Thank you very much for coming out and speaking tonight. I appreciate it. Martha Vedder:Thank you. Mayor Burk: Is there anybody else on Webex that would like to speak at this point? Do we have anybody online? Keith Markel: Mr.Weisberg is still online. I don't know if he wishes to speak for the budget, but I can unmute you and see if you have any comments. William Weisberg:Thank you no, I'm just enjoying the meeting. Keith Markel:Very good,thanks. Mayor Burk: All right. Is there anybody in the audience that would like to speak who didn't have the opportunity?All right,that being the case,then I will close this public hearing.There is no action that is required at this time.Thank you all.That takes us to our future Council meetings. Does anybody have any additional information they want- Vice Mayor Martinez: [inaudible] Mayor Burk: I'm sorry I didn't ask if anybody had any questions on this-on the budget presentation. We talked about it at length last night,but if anybody has any more questions,you're more than welcome to ask.Anybody? Ms. Fox? Council Member Fox: Yes,thank you.We've just heard from Ms.Vedder and I got an email from her earlier. She said she had spoken previously with the Town and that they would be unable to commit to reduce flooding elevations on her property. I was just wondering, what will happen if we do go ahead with this project, whenever it is going to happen, what kind of relief would they work on for flooding mitigation, not just erosion mitigation? Renee LaFollette: This project will be a smaller scale stream restoration project to what we did at Tuscarora Creek.It will address both erosion and flooding concerns of the area.We can't do one without doing the other. Council Member Fox:.Okay, so there will probably be some definitive relief here for this property? Renee LaFollette: The goal of the project will be what's called zero rise.Wherever the hundred-year floodplain limit is now,we will not bring the water any higher than what the FEMA floodplain allows it to be.We don't know what that line is, if that line is close to the house then obviously, we will have other things that we need to do to push that line away from the house.The intent,similar again to Tuscarora Creek,we had eight townhomes along that stretch that used to get water in their basements before we did our project. It will be very similar.We'll do all of the survey work and talk with Ms.Vedder,find out the seriousness, how often it happens so we can try and figure out which level of storm we'll be dealing with in our design calculations Council Member Fox: Okay,thank you. Mayor Burk: Mr. Martinez? Vice Mayor Martinez: Yes, Jason, I was not going to let you off the hook [chuckles]. In the previous slide, in one of the slides you had, you had said 39% of Fiscal Year 2022 funding is utility funds. I'm assuming that that is strictly the water and sewer funding projects, or are there other? Page 91 March 9, 2021 Jason Cournoyer: Yes. 39% of the Fiscal Year 22. Year one of our proposed CIP is utilities funded. It's funded with their revenues and it's funded with- Vice Mayor Martinez: That's 39%of the 47 million? Jason Cournoyer: Yes, sir. Vice Mayor Martinez: Okay, and also the utility fund is out of their own enterprise fund? It is not taken away from the Town, or is that part of our debt? Jason Cournoyer: No, it is general obligation bonds that are covered by their revenue- Vice Mayor Martinez: By the utility funds revenue? Jason Cournoyer: Yes, there is a connection with the general government, but there's sufficient revenues to support the CIP and the planned debt service that goes with that. Vice Mayor Martinez: Right. I just wanted to make sure we all understood how it was broken out and that the 39%is of the 47 million.The 39% is paid for by the utility fund revenues,not from our tax.Well, from our general fund. Jason Cournoyer: Exactly. Vice Mayor Martinez: Okay.Thank you.That's all I got. Mayor Burk: Anyone else?All right.Thank you. I will close this public hearing.That takes us to future Council meetings and agenda topics. Does anybody have any additions from last night?All right, then disclosures, Kari, do we want to start with you? Council Member Nacy: I have one from February 25. It was a Zoom meeting with Mike McLister regarding his Royal Street property. Mayor Burk:All right. Mr. Bagdasarian? Council Member Bagdasarian: No disclosure, but just an update with COPA and EDC, both are working very diligently. 10 years ago, yesterday, I was sitting on the other side when Town Council approved the Arts and Cultural District in downtown Leesburg. Both the COPA and the Economic Development Commission are working to almost relaunch that and really help generate a lot of activity and public art, especially part of the recovery as we move into the spring and summer. To report that as part of the commissions right now.That's it. Mayor Burk: Great,wonderful. Ms. Fox. Mr. Steinberg. Council Member Neil Steinberg: Yes, thank you. A couple of things. One, in our upcoming retreat, the IT department has asked if they'd be able to provide us with some information regarding goals for creating tighter security in our entire IT system. I know when we expressed our goals, this probably didn't occur to a lot of us, including myself,since you often don't think of some of the very basic things. Hopefully, they're going to be putting together a packet at the next meeting. We'll be getting that information for our retreat. I don't have any disclosures. I do have one item for a future meeting. Since we've been approached by Mr. McLister, and I assume everybody saw the email we got that today from the Town Manager, I think we need a serious discussion, overall, about this concept that we're looking at, and towards which we're being asked to make changes, basically, to our Zoning Ordinance. If you saw the email I sent, since we're in the process of reviewing the Town Plan, and the Planning Commission, I think should be involved. I'm not sure where we should be yet in creating a firm decision, but I think a discussion is definitely warranted on this whole idea of what we're looking at for the Town and what we're calling workforce or affordable housing. Page 101 March 9, 2021 Mayor Burk:You want a discussion on workforce housing? Council Member Steinberg: The concept of workforce housing and affordable housing and how it is going to affect our general our Legacy Leesburg. Excuse me,yes. Mayor Burk: All right. Thank you. Is there four people that are interested in having a work session on defining and beginning to understand what workforce housing/affordable housing/live work play housing is all about? Okay. I think that's everybody[laughs]. All right. Mr. Martinez, did you have something? No? Vice Mayor Martinez: Yes. Mayor Burk: Go ahead. Vice Mayor Martinez:Well, I'm glad to be back.For those you don't know, I've only attended one Town Council session for the last year because of COVID-19. I've got my two shots and it's pretty liberating knowing that I'm a little bit protected against it. I encourage everybody who can to go out and get the shots. Hopefully we can recover a lot sooner than people are guessing. The other thing that I'm really grateful for, and I think our Town Attorney would appreciate this, spring season's back and we're watching baseball again. I am so excited. I can hardly wait to get out to the National field and watch the Nationals take their World Series back. Other than that, I'm really excited with this new Council and I'm excited to be back and working with you all in person and not just a voice in the atmosphere.Thank you. Mayor Burk:All right, Council Member Cummings. Council Member Cummings: Thank you. Just a quick comment. I wanted to thank the members of the public for coming out and expressing their concerns and support for a project in the CIP. I look forward to having more conversations with staff on that project and many others. Mayor Burk: All right. I do have a disclosure today. I spoke today with Mr. McLister about his zoning and text amendment changes. I would like to thank the Loudoun Country Day School for inviting me to participate in If I Were the Mayor Program.This is a pre-kindergarten class that learns about local and community government.They are so delightful,they're so cute. Miss Cross is such a great teacher.She had all the students all set to share their ideas with the Mayor. They suggested things like making sure there's no kicking or hitting in Leesburg, they suggested that everyone help everyone else and that we need to make lots more playgrounds and no one should work on Monday.They had lots of great ideas.Again, I want to thank the students and Mrs. Cross, and the principal,for allowing me to come join the students.They do a booklet every year and not only do they make their suggestions, but they do pictures of me. I think they're pretty accurate, if not scary, but very, very cute and very darling. I appreciate the invitation. I was-- Vice Mayor Martinez: Can we all see it? Mayor Burk:Yes,you may. I received a phone call from a student from Tuscarora High School,Amelia who is an amazing person but has started an anti-bullying club. Listening to her stories and what these kids go through with the social media and the anonymous things that people say, and how uninclusive and how horribly debilitating the bullying that goes on in these schools. She had the courage to stand up and say enough. She has started this anti-bullying club and her stories were just so moving. I'm so proud of her and I want the world to know that Amelia is working hard at Tuscarora High School to make sure that bullying is not accepted and that everyone feels welcome and no one is afraid. On March 4th, I spoke to the Leadership Loudoun's newest class. I am an alumnus. I was there many, many years ago. It was their lobby day and they, of course,couldn't go to Richmond.They had elected people come to them and they asked me to come and talk about what the Mayor and the Council does. I think there might be some future leaders there on the Town Council.They were very interested and it was a great event and I was delighted to be invited. March 6th, I attended the Young Kings Movement Page 111 March 9, 2021 dinner, and this is an afterschool club for young men of color to learn how to become better, to learn how to be even better than they are. Ms. Doode Summers has created this program all on her own and its amazing success already. It's only been in place for a couple of years. People like Asa Rust helped provide transportation. He provided limos for the guys. People provided suits so the guys were dressed all in suits. Hampton Inn provided dinner.They all had provided how to attend a dinner and had to act during a dinner.All these parents and volunteers were there and it was just so inspiring. I want to congratulate Ms. Summers for all of our hard work and those lucky guys that are part of her program. March 6th also was Spring Fling.The Town put on, it was outside this year. It's usually at Ida Lee, but it was outside. It was a little chilly, but it certainly was a lot of fun and I spent a lot of money. Vendors were glad to see me. It was held at Freedom Park and the staff did a great job organizing it and making it a success. I just want to wish everybody a very happy St. Patrick's Day, in case you hadn't noticed [chuckles]. That will take us to-- Has everybody-- Yes, everybody has spoken. Okay. The Town Manager, you have anything to add? Kaj Dentler:Just one comment.Next week,you may have seen the press release from our Emergency Management Coordinator Joe Dame regarding community preparedness for different events. We're participating in the National Weather Service and the State Emergency Plan. Each day focuses on a different type of potential disaster, and you can follow our Facebook page and listen to Joe and get other information. I encourage you to do that. This is part of our campaign that we intended to do when we hired our first-ever Emergency Management Coordinator. Of course, none of us knew COVID was going to hit and it certainly derailed us, but I hope you will watch and give us some feedback on what see you see is beneficial to the communities.That's all. Mayor Burk:Thank you. Council Member Steinberg: Mr.Town Manager is that entirely on the Facebook platform? Kaj Dentler: I don't see a time listed, but I'll check for you. Council Member Steinberg: Thank you. Mayor Burk:All right.That takes us to a closed session. I move pursuant to Section 2.2-3711(A)(3)of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of discussing and receiving information regarding the potential acquisition of real property for the public purpose. Do I have a second? Council Member Cummings: Second. Mayor Burk: Second by Council Member Cummings. All in favor in going into this closed session for this purpose, indicate by-? Council Members:Aye. Mayor Burk: Opposed?All right. At this point, we are going to have to clear the room.Thank you all for coming. [Council convened in a Closed Session from 7:54 p.m.to 8:06 p.m.] Mayor Kelly Burk: We're back. In accordance with section 2.2-3712 of the Code of Virginia, I move the Council certified to the best of each member's knowledge.Only public business matters are lawfully exempted from opening needing 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. Page 121 March 9, 2021 Council Member Fox:Aye. Mayor Kelly Burk: Council Member Steinberg. Council Member Steinberg:Aye. Mayor Kelly Burk: Council Member Cummings. Council Member Cummings:Aye. Mayor Kelly Burk:Vice Mayor Martinez Vice Mayor Martinez:Aye. Mayor Kelly Burk: Council Member Bagdasarian. Council Member Bagdasarian:Aye. Mayor Kelly Burk: Council Member Nacy. Council Member Nacy:Aye. Mayor Kelly Burk:Mayor Burk,aye.All right.Do I have a motion to adjourn?Moved by Council Member Bagdasarian, seconded by Vice Mayor Martinez.All in favor?Opposed?You are welcome to take the beads and the cookies and the hats home with you. Page 131 March 9, 2021