HomeMy Public PortalAbout2021_tcmin0427COUNCIL MEETING April 27, 2021
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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, Chief of Police Greg Brown, Director of Human Resources
Josh Didawick, Deputy Director of Utilities Patrick Moore, Deputy Town Attorney
Christine Newton, and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Pastor Drew Clyde, HEADWAY Church.
3. SALUTE TO THE FLAG was led by Council Member Cummings.
4. ROLL CALL
MOTION 2021-081
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the
following was proposed:
To allow Council Member Fox to electronically participate in the April 27, 2021, Town
Council Meeting.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Fox abstain)
5. MINUTES
a. Work Session Minutes of April 12, 2021
MOTION2021-082
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
minutes of the Work Session of Apri112, 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
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COUNCIL MEETING
April 27, 2021
b. Regular Session Minutes of April 13, 2021
MOTION 2021-083
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the
minutes of the Regular Session of April 13, 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
MOTION 2021-084
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting
agenda was moved for approval.
Mayor Burk requested item 13.f. — Motion to approve the proclamation for Fair
Housing Month be moved to section 8 — Proclamations as item 8.d. There were no
objections.
The motion was approved by the following vote with the motion for the Fair Housing Month
Proclamation moved forward:
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
d. Motion to Approve the Fair Housing Month Proclamation
MOTION 2021-085
On a motion by Council Member Steinberg, seconded by Council Member Cummings,
the following was proposed:
To approve the Proclamation for Fair Housing Month to be proclaimed at the April
27, 2021, Town Council Meeting.
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
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b. National Day of Prayer
Mayor Burk read the proclamation for National Day of Prayer.
a. National Drinking Water Week
Mayor Burk read the proclamation for National Drinking Water Week.
c. World Ovarian Cancer Day
Mayor Burk read the proclamation for World Ovarian Cancer Day.
d. Fair Housing Month
Mayor Burk read the proclamation for Fair Housing Month.
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioner's Section was opened at 7:13 p.m.
There were no Petitioners wishing to speak.
The Petitioner's Section was closed at 7:17 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION2021-086
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the
following consent agenda was proposed:
a. World Ovarian Cancer Dav
Motion to Approve Illumination of the Town Parking Garage on Saturday,
May 8, 2021, for World Ovarian Cancer Day
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b. Authorization to Enter into Utility Easement Encroachment Agreement with
Loudoun County Board of Supervisors for the Loudoun Animal Services
Facility
RESOLUTION 2021-057
Authorization to Enter into Utility Easement Encroachment Agreement with
Loudoun County Board of Supervisors for the Loudoun County Animal
Services Facility
c. Authorization to Enter into Encroachment Agreement with Kettler Goose
Creek Commercial LLC and Goose Creek Club Homeowners Association, Inc.
RESOLUTION 2021-058
Authorization to Enter into Utility Easement Encroachment Agreement with
Kettler Goose Creek Commercial LLC and Goose Creek Club Homeowners
Association, Inc.
d. Initiation of Amendments to the Zoning Ordinance to Define and Create Use
Standards for Donation Boxes
RESOLUTION 2021-059
Initiation of Amendments to Articles 9 and 18 of the Zoning Ordinance to
Define and Create Use Standards for Donation Boxes
e. Initiation of Amendments to Town Documents to Incorporate Disclosure of
Potential Adverse Impacts during the Land Development Approval Process
RESOLUTION 2021-060
Initiation of Amendments to the Town Code, Zoning Ordinance, Design
Construction Standards Manual, and Subdivision Land Development
Regulations to Incorporate Disclosure of Potential Adverse Impacts during the
Land Development Approval Process
f Motion to Approve Fee Waiver for Young Kings Movement Event on
Saturday, May 1, 2021
Motion to approve a fee waiver for the Young Kings Movement Food Truck
Fundraiser and Car Show Event on Saturday, May 1, 2021 for police services
estimated at $325.
The Consent Agenda was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg, and
Mayor Burk
Nay: None
Vote: 7-0
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13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Water and Sanitary Sewer Service Extension Approval to Cattail Run
MOTION 2021-087
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed:
RESOLUTION 2021-061
Conditional Approval of Water and Sanitary Extensions to Cattail Run
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. Douglass High School Commemorative Committee
Council Member Steinberg made the motion with Ms. Mary
Randolph as the Council's appointed representative on the Committee.
MOTION 2021-088
On a motion by Council Member Steinberg, seconded by Council Member
Cummings, the following was proposed:
RESOLUTION 2021-062
Appoint a Representative to the Douglass High School Commemorative
Committee that has Been Established by the Loudoun County Public School
Board
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
c. Collective Bargaining
Mr. Chris Spera presented Council with an overview of the proposed
resolution setting forth the Town policy on collective bargaining with eligible
Town employees. Council and staff discussed the item.
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COUNCIL MEETING
April 27, 2021
MOTION 2021-089
On a motion by Council Member Cummings, seconded by Vice Mayor
Martinez, the following was proposed:
RESOLUTION 2021-063
Setting Forth Town Policy on Collective Bargaining with Eligible Town
Employees
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Fox, Nacy
Vote: 5-2
d. Motion to Approve National Public Works Week Proclamation
MOTION 2021-090
On a motion by Mayor Burk, seconded by Council Member Steinberg, the
following was proposed:
I move to approve the National Public Works Week proclamation to be
proclaimed at the May 11, 2021, Town Council Meeting.
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
e. Motion to Approve the National Preservation Month Proclamation
MOTION 2021-091
On a motion by Council Member Cummings, seconded by Council Member
Bagdasarian, the following was proposed:
I move to approve the National Preservation Month proclamation to be
proclaimed at the May 11, 2021, Town Council Meeting.
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
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14. PUBLIC HEARINGS
a. Initiating and Establishing a Process for Soliciting Proposals and Granting
Non -Exclusive Telecommunications Facility Franchises
The Public Hearing was opened at 7:39 p.m.
Ms. Christine Newton presented Council with the proposed process for
soliciting proposals and granting non-exclusive telecommunications facility
franchises. Council and staff discussed the proposed process.
Public Speakers:
Josh Schakola. Spoke to Council as a representative of Verizon in support of
the proposed process.
The public hearing was closed at 7:57 p.m.
MOTION 2021-092
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the
following was proposed:
ORDINANCE 2021-0-010
Initiating and Establishing a Process for Soliciting Proposals and Granting Non -
Exclusive Telecommunications Facility Franchises
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg, and Mayor
Burk
Nay: Fox
Vote: 6-1
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Bagdasarian noted the Economic Development Commission
hosted a Small Business Forum and solicited ideas from the business community. Mr.
Bagdasarian added that the Commission on Public Art has been working on a lot of
projects and collaborating with other Commissions. He added that there will be a
presentation on a Black History mural in May and commended the Commission and the
co -Chairs for all the work that has been going on lately.
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Council Member Fox agreed with Mayor Burk that there shouldn't be laws that
affect their citizens that haven't been discussed with the local government lawmakers first.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk added a Regional Commission Report that the Virginia
Municipal League held a Town Hall meeting on legislative issues and noted the
importance of the General Assembly collaborating with local leaders before laws are
passed. Mayor Burk stated that she and Supervisor Umstattd visited the Goddard
Preschool where they presented the Week of the Young Child Proclamation to the
teachers who were grateful for the recognition. Mayor Burk joined the volunteers of
the Ampersand Project recognizing them for their hard work for giving out over
90,000 meals. Mayor Burk said that she and Council Member Cummings walked
the Sycolin Creek Cemetery property. Mayor Burk congratulated the Parks and
Recreation staff for an amazing Flower and Garden Show where she said she
accepted the Tree City proclamation for the Town. Mayor Burk noted that Morven
Park hosted the point-to-point race that was formerly held at the Oatlands
Plantation. Mayor Burk joined a Cub Scout Troop to answer questions about being
a Mayor that helped them towards achieving a scout badge. Mayor Burk said that
she, Council Member Cummings and Council Member Steinberg attended a ribbon
cutting event for a new exhibit at the George C. Marshall Center honoring Mrs.
Marshall. Mayor Burk also noted the Economic Development Commission's Small
Business Forum and that it was a great event and thanked all the businesses that
participated. Mayor Burk thanked all of the Council Members for participating in
the Council Retreat. Mayor Burk said goodbye to Mr. Don Chapman who was a
former member of the EDC noting that he and Council Member Bagdasarian were
strong advocates for music and art in Leesburg. Mayor Burk noted she joined
Frances Hazel Reid Elementary School Principal Jochems for the dedication of
their new playground.
Mayor Burk requested a Work Session discussion on TLZO Section 3.3 - the
density intensity development standard for the B1 district in regard to amending the
multifamily lot size to less than 10,000 square feet and a discussion on the TLZO
Section 9.13, reducing or eliminating the on -site open site space and recreational
space for multifamily projects in the B1 district.
It was the consensus of Council to add this item to a future Work Session.
19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. None.
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COUNCIL MEETING
April 27, 2021
21. ADJOURNMENT
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the
meeting was adjourned at 8:•06 p.m.
ATTEST:
Clerk of Council
2021_tcmin0427
Kel y .irk, / ' or
Town of Leesburg
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(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: 1 would like to call to order today's April 27th, 2021 Town Council meeting. If anyone
in the room needs hearing assistance, please see the Clerk. Please, I want to remind everybody on
Council to speak into your microphones with the masks on. We're somewhat difficult to hear us at times.
Tonight we have the honor of having Pastor Drew Clyde from HEADWAY Church do the invocation,
followed by the salute to the flag by Council Member Cummings. Would you please join Pastor Clyde
at this point in the invocation?
Drew Clyde: All right. Thank you so much for having me. Let's bow our heads. Dear heavenly Father,
we just come before you humbly. God, we do acknowledge you first and foremost, and we ask that you
just be a part of this meeting. God, I thank you for each of the Council Members here, God, and just for
their willingness to serve, to serve others, to serve our community. God, thank you for their sacrifice
and the time and energy that they give. God, I know it goes unnoticed so often and we thank you for
that commitment that they've given.
Lord, we just pray that we would just-- There's a difficult job that needs to be done here, God, and I just
pray for wisdom. We pray for guidance for the Council Members. God, they have to have tough
decisions and tough conversations, and I pray that they would not label one another, but listen to one
another. God, we do thank you for just- it's been a tough year and there's a lot of things that we could
focus on that are negative but God, we thank you for the many blessings and provisions that you have
given us. Help us to focus on those things as well, and then the challenges ahead that, again, you'd
give us the wisdom and everything necessary to make good wise decisions that serve the common
good in our community.
God, we seek to see everyone flourish and there's many in need, especially now, God, mentally,
physically, spiritually circumstances and so, Lord, help this group make wise decisions that serve
everyone in the common good as best as possible. God, I thank you that we acknowledge that when
we are put in positions of power, God, it's because you've placed us there. I thank you for each of these
Council Members and that you've placed them here for this time and for a purpose and that they would
steward that influence well.
God, again, we thank you for this time. We pray that this meeting would be productive and all that we
seek to accomplish would be accomplished. It's in the name of Jesus we pray. Amen.
Mayor Burk: Thank you. Mr. Cummings.
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: Thank you Pastor Clyde for being here today. I now need a motion to allow Council
Member Fox to electronically participate in the April 27th, 2021 Town Council meeting.
Vice Mayor Fernando "Marty" Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Second?
Council Member Zach Cummings: Second.
Mayor Burk: Seconded by Council Member [chuckles] Cummings. All in favor, indicate by saying aye.
Council Members: Aye.
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Mayor Burk: Opposed? That is 6-0-1. Now Ms. Fox you are part of the meeting. I need a motion to, for
the work session minutes of April 12th, 2021.
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Second?
Council Member Neil Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? Council Member Fox?
Council Member Fox: Yes.
Mayor Burk: Okay, then that is 7-0. Regular session minutes of April 13th, 2021, Vice Mayor Martinez,
seconded by Council Member Bagdasarian. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed.
Council Member Fox: Aye.
Mayor Burk: Opposed. Okay. All right, so that's 7-0 too. Adopting the minutes meeting agenda.
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. Before we vote on this, I am going to ask that
we move 12 --
Chris Spera: It's 13D Madam Mayor.
Council Member Cummings: Is it 12 or 13?
Mayor Burk: 13F I believe it is.
Chris Spera: Yes, I was not close. 13F.
Mayor Burk: We are moving 13F to the motions. This is the 13F is the motion to approve Fair Housing
Month proclamation that Mr. Cummings put on the agenda for tonight. If no one has any objections, I
will add that under the proclamation section. I hear no issues with that. We have a motion and a second
motion by Mr. Martinez, seconded by Council Member Steinberg, with the Fair Housing proclamation
move forward. If all in favor, indicate by saying aye.
Council Members: Aye.
Council Member Fox: Aye.
Mayor Burk: Opposed? It's 7-0. We have no certificates of recognition, but we do have these four, now,
proclamations. Do I have the fourth one? I think somebody has it that hasn't signed it. Okay. Thank you.
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I do need a motion- to make sure I'm doing this correctly, Mr. Spera. We've already voted on the other
proclamations but I need a motion to vote on the Fair Housing Proclamation.
Christopher Spera: That's correct. You can take that motion up when you reach that proclamation as
the fourth one. You can ask for the motion at that time if you wanted the other three first.
Mayor Burk: Can I ask for it now?
Christopher Spera: You can ask for it now.
Mayor Burk: Okay, I'm asking for it now. [chuckles] Who made the motion? Council Member Steinberg.
Second? Second by Vice Mayor Martinez. Oh Zach. Sorry. Council Member Cummings. All in favor of
the Fair Housing Proclamation, indicate by saying aye.
Council Member Fox: Aye.
Mayor Burk: Opposed? That's 7-0. For the record, we have the National Day of Prayer and I will read
this. The National Day of Prayer May 6th, 2021 whereas each year in accordance with the Public Law
100-307, the President of the United States proclaims the first Thursday in May as the National Day of
Prayer. Whereas prayer plays a powerful role in the lives of all people, of all cultures, religions, and
backgrounds.
Prayer serves as a source for moral and spiritual guidance for millions throughout the Commonwealth
of Virginia and the nation. Whereas in America, our nation is stronger because we welcome and respect
people of all faiths, because we protect the fundamental right of all people to practice their faith, how
they choose to change their faith, or to practice no faith at all, or to do so free from discrimination.
Whereas in the face of tremendous challenges, prayer is a powerful force of peace, justice, and a
brighter tomorrow. Therefore be it proclaimed that the Mayor and the Council of the Town of Leesburg,
Virginia, hereby recognize May 6'", 2021 as the National Day of Prayer. We encourage our residents to
participate in the National Day of Prayer in the manner that most appropriate to their own religious and
spiritual beliefs, proclaimed this day, 27'h day of April 2021.
Next one is the National Drinking Water Week, May 2nd to the 8th. Whereas water is our most valuable
natural resource, and whereas only tap water delivers public health protection, fire protection, support
of our economy, and the quality of the lives that we enjoy, and whereas any measure of a successful
society, such as a low mortality rate, economic growth, diversity and productivity, and public safety are
all, in some way, related to access to safe water. Whereas we are all stewards of the water infrastructure
upon which future generations depend, and whereas each citizen of our Town is called upon to help
protect our source waters from pollution, to practice water conservation, and to get involved in the local
water issues by getting to know their water, and whereas water professionals work around the clock to
ensure tap water is there when you need it. Therefore be it proclaimed that the Mayor and the Council
of the Town of Leesburg in Virginia hereby recognize May 2nd to the 8th 2021 as Drinking Water Week
in Leesburg, proclaimed this 27'h day of April 2021.
The next one is the World Ovarian Cancer Day and this is a World Ovarian Cancer Day. May 8'n
Whereas established in 2013 by a group of leaders from the ovarian cancer advocacy organizations
around the world, May 8'h world ovarian cancer day is the day of the year we globally raise our voices
in solidarity in the fight against ovarian cancer. Whereas ovarian cancer as the most lethal of all the
female cancers for which there is no reliable screening test and every woman is at risk. Whereas on
this day ovarian cancer awareness organizations from around the world will aim to have a singular focus
and message for ovarian cancer and its symptoms and will unite to educate their communities.
Therefore for the women living with this disease and their families and friends this day will build a sense
of unity in the fight against the disease. Whereas the Leesburg Town Council recognizes LeAnn Moore
as a survivor and an advocate for the World Ovarian Cancer Day. Therefore be it proclaimed that the
Mayor and the Council of the Town of Leesburg, Virginia recognize May 8th, 2021 as World Ovarian
Cancer Day and ask the community to raise our voices to fight against this disease, proclaimed this 27'h
day of April 2021.
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The last one we have tonight is the Fair Housing Month, April of 2021. Whereas Fair Housing Act
enacted on April 11th, 1968 enshrined in the Federal law, the goal of eliminating racial segregation and
ending housing discrimination in the United States. Whereas the Fair Housing Act prohibits
discrimination in the housing based on race, color, religion, sex, familial status, national origin, or
disability and commits recipients of Federal funding to affirmatively further fair housing in their
communities. Whereas the Town of Leesburg is committed to its mission and the intent of Congress to
provide fair and equal housing opportunities for all.
Whereas our social fabric, the economy, health, and environment are strengthened in diverse and
inclusive communities. Whereas in more than 50 years after the passage of the Fair Housing Act
discrimination persists and many communities remain segregated. Whereas acts of housing
discrimination and various equal housing opportunities are unacceptable through a common sense of
decency and fairness. Therefore, be it proclaimed that the Mayor and the Council of the Town of
Leesburg, Virginia recognize April 2021 as Fair Housing Month and that we are committed to fair
housing and to promoting appropriate activities for private and public entities to provide an advocate for
equal housing opportunities for all residents and prospective residents of the Town of Leesburg,
proclaimed this 27'h day April 2021.
All of these will be mailed to the individuals that have asked for them. Thank you. All right. That takes
us to presentations, of which we do not have any tonight, and regional commission reports. Does
anybody have a regional commission report? Nobody at this point. Sorry. I'm looking for a piece of
paper but I'll find it later. Petitioners, this is-- Let me turn the page here. Excuse me. One of the first
orders of business is to hear from the public and all members of the public are welcome to address the
Council on any item, matter or issue. Please identify yourself and if comfortable doing so, give your
address for the taped record. Any public speaker will be requested to state their name and spell it for
the purpose of closed captioning. In the interest of fairness, we also ask that you observe the five-
minute time limit.
For those participating in person or on WebEx, the green light on the timer will turn yellow at the end of
four minutes indicating that you have one minute remaining. At that time, we would appreciate you
summing up and yield in the floor when bell indicates your time has expired. For those participating on
the phone, you will hear a bell when your time is up. Under the rules of order adopted by this Council
the five-minute time limit applies to all. Council is now able to hear from members of the public remotely.
Once we have heard from everyone present in the room, we will hear from the members of the public
on the phone or WebEx.
We have nobody signed up at this point to speak as a petitioner. Is there anybody on WebEx that would
like to speak?
Keith Markel: Madam Mayor, we have three callers on the line. I'll start with caller number one and I
will unmute you now. Your five minutes will begin when you hear the beep. Caller, you're unmuted. We
can go on to the next caller. Caller number two, I'll unmute you now. You're unmuted.
Mayor Burk: Are we sure that they can hear us?
Keith Markel: It appears everything is working on our end. I don't see anything that looks like is amiss.
Mayor Burk: All right. The third speaker?
Keith Markel: We have our third speaker, Ms. Fiona Hiyler and you are showing up as not being able
to unmute. Okay, if you can hear us, you can begin speaking now.
Mayor Burk: I think, Mr. Markel, there must be some issue with the unmuting.
Keith Markel: Unmute these callers again just to double-check. If either of you now, caller one or caller
two, are unmuted if you could speak.
Joshua Schakola: This is Josh Schakola on behalf of Verizon Wireless.
Page 41 April 27, 2021
Keith Markel: Thank you, Josh.
Mayor Burk: Josh, I only get your first name. Could you please state your name and spell it for the
record?
Joshua Schakola: Yes, this is Joshua Schakola, last name S -C -H -A -K -O -L -A, on behalf of Verizon
Wireless for the initiation of the franchise agreement.
Mayor Burk: Are you speaking at this point?
Joshua Schakola: No, thank you.
Mayor Burk: All right.
Eileen Boeing: Madam Mayor, there is a public hearing that's scheduled later in the meeting and he's
probably signed up for that.
Mayor Burk: Ms. Hilyer, can you hear us? Can you speak? No, Ms. --
Fiona Hilyer: Hi. Can you hear me?
Mayor Burk: We can hear you now. Would you spell your name for the record?
Fiona Hilyer: Hi, there. I'm sorry. Fiona Hilyer from Verizon Wireless. I actually hadn't signed up to
speak this evening. I had just registered to listen in to the meeting. I don't have a prepared presentation.
We just wanted to listen in, but certainly, if you'd like us to make a presentation at a later meeting, we
can do that. Thank you.
Mayor Burk: All right. Is there anyone else on the line?
Keith Markel: Just that one additional caller, please, if you can hear us and you'd like to share any
comments from the- now would be the time. Okay, with that we have no additional callers on the line.
Mayor Burk: All right, then I will go back to the audience here. Is there anybody in the audience that
did not sign up to speak that would like to have the opportunity to speak in the petitioner section right
now? No? Then I will close this petitioner section and we will move on to the consent agenda. The first
item on the consent agenda is World Ovarian Cancer Day. This is a motion to approve the illumination
of the Town parking garage on Saturday, May 8, 2021, for World Ovarian Cancer Day.
B is an Authorization to Enter into the Utility Easement Encroachment Agreement with Loudoun County
Board of Supervisors for the Loudoun Animal Service Facility. C is the Authorization to Enter into the
Encroachment Agreement with Kettler Goose Creek Commercial LLC and Goose Creek Club
Homeowners Association. The next one is to Initiate Amendments to the Zoning Ordinance to Define
and Create the Use Standards for Donation Boxes.
The next item is the Initiation of the Amendment to the Town Documents to Incorporate Disclosures of
Potential Adverse Impacts during Land Development Approval Process. F is the motion to Approve Fee
Waiver for Young Kings Movement event on Saturday, May 1, 2021. That is it. Do I have a motion to
accept the consent agenda?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Second?
Council Member Cummings: Second.
Mayor Burk: Seconded by Council Member --
Page 51 April 27, 2021
Vice Mayor Martinez: [inaudible]
Mayor Burk: Are you saying-- What, pardon me?
Vice Mayor Martinez: [inaudible]
Mayor Burk: Right, we already voted on that. [chuckles] Mr. Martinez has moved it, and seconded by
Council Member Cummings. Anybody want anything moved off or on? All in favor indicate by saying
aye.
Council Members: Aye.
Council Member Fox: Aye.
Mayor Burk: Opposed? 7-0. All right. That takes us to our resolutions. Do I have a motion-- the first
resolution is the Water and Sanitary Sewer Service Extension Approval to Cattail Run. So moved by
Vice Mayor Martinez. Second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. Do we have some sort of presentation on this?
Council Member Steinberg: Only if you wish for Mr. Moore to present and if you have questions.
Mayor Burk: All right, does anybody have any questions on this particular item? Okay. This motion that
you just approved was a Conditional Approval of Water and Sanitary Extension to Cattail Run. Is that
what you intended? Is that what you intended? All right. All in favor of the Water and Sanitary Sewer
Service Extension Approval for Cattail Run indicate by saying aye.
Council Members: Aye.
Council Member Fox: Aye.
Mayor Burk: Opposed? All right, that passes 7-0. Douglass High School Commemorative Committee.
This is to appoint a representative to the Douglass High School Commemorative Committee that has
been established by Loudoun County Public Schools. Council Member Steinberg, did you want to move
this?
Council Member Steinberg: Yes. I'd like to put Mary Randolph's name forward as the representative
for the Town Council on this Committee.
Mayor Burk: All right. Is there a second?
Council Member Cummings: Second
Mayor Burk: Seconded by Council Member Cummings. Mr. Steinberg, would you like to say anything
in regard to this?
Council Member Steinberg: Ms. Randolph is a long-standing member of the community. She went to
Douglass School. She has immense knowledge of the history of the Town of Leesburg and I think she'd
be an excellent choice in that being part of the renovation of the Douglass School.
Mayor Burk: All right. Anyone else have anything?
Council Member Nacy: Does she know we're putting her name forward? Okay.
[laughter]
Page 61 April 27, 2021
Mayor Burk: Surprise. I have to agree, Ms. Randolph went to Douglass and is very, very committed
to the Douglass High School so she would be excellent in this position. All in favor indicate by saying
aye.
Council Members: Aye.
Council Member Fox: Aye.
Mayor Burk: Opposed? That passes 7-0. I need a motion to Authorize Collective Bargaining with the
Eligible Town Employees.
Council Member Cummings: So moved.
Mayor Burk: So moved by Council Member Cummings. Second?
Vice Mayor Martinez: Second.
Mayor Burk: By Vice Mayor Martinez. On this one, Mr. Spera, are you?
Christopher Spera: You get to hear from me again this evening. Based on our conversation last night
I prepared a resolution, which I believe is both consistent with the direction that you gave us last night,
as well as the requirements of the State code. It's a little bit longer than you might have expected
because of those State code requirements. The State code requires that you're enabling resolution set
forth not with ultimate specificity but with some specificity, certification, decertification procedures so
the resolution that you've got today was a little bit longer than you may have otherwise expected. We
have no screens. We need Keith to come back in and move the screens up and down here.
And we're back. All right, so as we have discussed previously, the General Assembly enacted the
changes that we've talked about to allow employees of local governments to organize and collectively
bargain. That's effective May 1st. There is, as we talked about last night, a prohibition against going on
strike even though they can organize. You gave me direction, basically, doing what I've referred to as
the table setting resolution, that basically defines who we'll talk to and what we'll talk about.
As I alluded to earlier, the State code requires certain things be in your enabling resolution of most
particularly the certification and decertification procedures how you get elected as an exclusive
bargaining agent or how you can become, for lack of a better term, unelected. Basically, you've got this
10 -paragraph enabling resolution. Paragraph 1, as is required by the State code, is the section whereby
you specifically authorize the employees to organize and bargain. Paragraph 2, authorizes the Town to
negotiate with their employees. Paragraph 3, we define the 3 bargaining groups that we've talked about
at each stage of this process, as we've talked about before. The police is, first, all sworn uniformed
employees of the Leesburg Police Department with applicable exceptions. We'll talk about those
exceptions in a minute. The second bargaining unit we propose is labor and trades. That is employees
associated with maintenance and skilled crafts, including job classes of workers performing duties that
result directly in the comfort and convenience of the general public or contribute to the maintenance of
capital assets, land and infrastructure of the Town, again, applicable exceptions that we'll talk about in
a minute.
Then the third bargaining unit that we propose is the professional administrative staff, basically all other
towns, general government employees, subject to the list of exceptions that you'll see in Paragraph 4.
By law, the exceptions generally apply to management and supervisory employees, as well as
employees with access to financial data or HR data. Here's the laundry list but basically that's the list
of employees that are not eligible to participate as members of a bargaining unit. Paragraph 5 talks
about certification of a bargaining agent. There's two ways you can do it. A proposed bargaining agent,
a union could come in and say, "We'd like to have an election," or they can come in with a petition if
they can demonstrate numerosity that would make an election moved.
For example, if you had 100 workers in a particular bargaining unit and the union came in and said,
"I've got 70 members of your bargaining unit. They are members of my union. We'd like to be certified
Page 71 April 27, 2021
as their bargaining agent." You don't need to hold an election if they can demonstrate that a majority of
your bargaining unit are members of their union. You can certify them without an election.
If on the other hand you go through the election process, then basically the union would have to come
in and show that they'd got 30% of the proposed bargaining unit that's willing to engage them as their
bargaining representative or bargaining agent. If they reached the 30% threshold, then that would
trigger an election. If you have the election, they have to get a simple majority in order to qualify.
One thing that I want to remind you before I go on. Virginia is a right-to-work State. As such, there is no
such thing in Virginia as a union shop. Belonging to the union is not a term and condition and cannot
be in a right-to-work State a term and condition of employment. However, a non-union member is
basically bound by whatever a certified bargaining unit bargains on their behalf. Does that make sense
to everyone? Essentially, if --
Mayor Burk: Yes. It makes perfect sense.
Christopher Spera: Everyone is comfortable with that. Paragraph 6 gets into some of the details of the
election procedures. Paragraph 7, so if you're not having an election every couple of months, basically,
once an election happens, whether it's a successful election for a proposed agent or an unsuccessful
election, the results of that election lock you in for a year. You can't have another election for that
bargaining unit for a 12 -month period.
Then decertification is a process by which the bargaining unit represents to the employer, essentially,
that they've lost confidence. Essentially, it's the same math that if a majority of the members of the
bargaining unit come to the Town and say, "We no longer want our bargaining agent to be our
bargaining agent. We want somebody else." You can decertify them and that would potentially set up
a new bargaining agent, a new election process but statutorily these things are required to be in your
enabling legislation so they are in there.
Paragraph 9 is the paragraph that is consistent with the instructions that you gave us last night, limiting
the scope of bargaining to wages and benefits. Then paragraph 10 directs and authorizes staff to take
such additional steps as maybe necessary to develop policies, procedures, and otherwise, comply with
that applicable law and develop best labor negotiation practices. The idea is that after you've passed
the resolution, then it would be our job to develop essentially a manual set of regulations and procedures
that go into a little bit more detail than we put in the resolution.
With that, I'm happy to answer any questions, but basically, my mission once you guys finished your
instructions yesterday evening, was to incorporate the instructions you gave me while at the same time
meeting the elements of the State code, and I believe we have done that with what is before you this
evening.
Mayor Burk: All right. Does anyone have any questions at this point?
Council Member Bagdasarian: A very quick question. I just want to verify, so the unit covers all
employees in the unit regardless of whether or not they wish to participate, correct?
Christopher Spera: That's correct. Let's use our example from before if you have 100 -member
bargaining unit, 70 are union members, 30 are not, whatever is bargained in terms of wages and
benefits would apply to all 100, whether they're union members or not. That's correct.
Mayor Burk: All right. Anyone else, Ms. Nacy?
Council Member Fox: Yes, I do.
Mayor Burk: Could we have Ms. Nacy first, and then we'll come back to you, Ms. Fox?
Council Member Fox: Absolutely.
Page 81 April 27, 2021
Council Member Kari Nacy: Thank you. I don't have a question so much as- just a comment on why
I won't be supporting this resolution going through. I believe that as Council Members, we have a
responsibility to our citizens to permit a lot of things, but especially in keeping taxes low. I believe this
will put an additional fiscal burden on the shoulders of our taxpayers, especially since we are double -
taxed as Leesburg residents by the County and the Town, and the County just pass the same similar
resolution. I would hope that instead of unionizing and relying on a third party, we hold ourselves our
managerial staff, human resources accountable to ensuring that we're fairly compensating our Town
staff at market value, as well as offering competitive benefits to avoid turnover or the need for
bargaining. That's just my opinion. All that being said is why I won't be supporting.
Mayor Burk: All right, thank you very much. Ms. Fox.
Council Member Fox: Yes, I'd like to say a few things as well. No questions. I got my questions
answered last night. After reading the staff report last night asking my questions, in my opinion, I feel
like this is more of a solution in search of a problem. What's being suggested right now is a fundamental
change in the way we interact with our employees and we manage the Town. We just got finished,
letting our Manager know that we think he's done a great job managing the Town. I'm not going to
marginalize labor movements but they played an important partner in the history of the country, but
basically when there's been a reaction for intolerable working conditions, and by a broken economic
system, I just don't see evidence that we have that, or that our Town employees and our staff are
somehow incapable of negotiating the terms of their employment. I think we're living in Northern Virginia,
and in a time and a place, that we have had very low unemployment even through the pandemic.
That said, I feel like a change this significant probably shouldn't be taken lightly without some degree
of consensus. I do believe there's some probably very partisan consensus on the Council so I get that,
but I don't believe that there is consensus among residents and taxpayers. I don't even think most of
them know about this. We haven't really put it out there to them. Most significantly, after going some
things last night reading the staff report, under 25% of our Town employees are for this or even care
about it. Well, that's not really insignificant. That's definitely not a preponderance, in my opinion, and I
feel like that it's our job to try and execute the public well, and not, as suggested last night, educate the
rest of the Town employees that they'll accept our rather ideological agenda, honestly. I'm trying to
figure out, I don't think we should be making fundamental changes without being able to point to a
serious problem, number one, or overwhelming public demand, number two, pushing forward on this
because I just don't see the employees wanting it after we did this survey, but we want it for them. I feel
like that's the very definition of ideological, most of us want it for them. I don't think it's right that we're
doing this this way.
It seems to be, I don't know, the results of ideological commitment and, heaven forbid, any sort of quid
pro quo payback for campaign donations made to any of us by the unions, rather than a groundswell of
public opinion. We're just not seeing that. Again, most people had no idea this was going on tonight. I
just don't believe this is the way we should be making policy. Thanks for listening.
Mayor Burk: All right, anyone else at this point? Mr. Cummings.
Council Member Cummings: Thank you. I just wanted to make a few quick comments. For me, this
is personal. I sit here as someone that has directly benefited from collective bargaining throughout my
childhood. I come from a strong union household. My father was a steelworker, my grandfather a
steelworker, my great grandfather a coal miner at the age of 14. Those folks fought for the right to
collectively bargain and it was especially important for them on pay and benefits. I went to college, I
had meals paid for by the union's ability to collectively bargain. Really, this is not a human resource
issue, this is an issue of freedom.
President Ronald Reagan said in 1980 on Labor Day that the ability to collectively bargain is all about
freedom. It's giving workers the freedom to make a choice and push for equality and access to better
wages and benefits. I would just urge my fellow members of Council here tonight to vote for this, it's
just about freedom. It's about giving our workers the ability to collectively bargain for their wages and
benefits. Really, it's the right thing to do. Thanks.
Page 91 April 27, 2021
Mayor Burk: Anyone else at this point? I would just add that this is an opportunity. We represent the
Town, but we also represent the workers within our buildings. I, too, have benefited from the opportunity
to be involved in a bargaining situation as the head of a teacher's union or association, and it was a
good thing, it wasn't a bad thing. I don't really believe this is collective bargaining because as with the
Teachers Association, there was no ability to strike, it was more of a negotiation and it was a discussion
and we came up with some really good things out of those discussions.
It created a relationship with the administration that was good and positive and we got things
accomplished, and so that's what I'm looking forward to. This has nothing to do with ideologies as much
as it does a belief system that this is something that I believe in and I'm willing to support, and I think it
will make us better and stronger, so I'm delighted to be able to support this tonight. That being the case,
I will ask for a vote, all in favor indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed.
Council Member Nacy: Nay.
Council Member Fox: Nay.
Mayor Burk: All right, that is five -two. All right, thank you very much. We move on to a proclamation
for the National Public Works Week to be proclaimed at May 11th meeting. Mr. Cummings, did you want
to move this? This is your proclamation, is it not? No, this one's mine, sorry. I'll move it. This is for
National Public Works, so I will move this one, is there a second?
Council Member Steinberg: Yes.
Mayor Burk: Seconded by Council Member Steinberg, all in favor?
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Fox: Aye.
Mayor Burk: 7-0. Mr. Cummings, would you like to move the motion to approve the National
Preservation Month proclamation?
Council Member Cummings: So moved.
Mayor Burk: So moved by Council Member Cummings. Second?
Council Member Ara Bagdasarian: I'll second.
Mayor Burk: Council Member Bagdasarian. All in favor.
Council Members: Aye.
Council Member Fox: Aye.
Mayor Burk: Opposed? That's 7-0. F was moved to the proclamations, so we are at the public hearing.
Let me get this out here. I call to order this April 27th, 2021 public hearing of the Leesburg Town Council.
Unless there's an objection, I will dispense with the reading of the advertisement. If you wish to speak,
we ask that you to either sign up on the sheet in the hallway outside of Council Chambers, but if you
did not get the opportunity to sign up, we will give you an opportunity to speak. We will also provide
remote public participation for callers on the phone or on WebEx.
Page 101 April 27, 2021
In all cases, please identify yourself, give your address for the taped record if possible, if comfortable,
and please spell your name for closed captioning. In the interest of fairness, we ask that you observe
the five-minute time limit. For those participating in person or 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 the bell when your time has expired.
Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens.
However, rather than having numerous citizens present remarks on behalf of a group, the Council will
allow a spokesperson for the group a few extra minutes. In this instance, we would ask speakers 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 for tonight is as follows. First, there's a brief
presentation by staff about the item before us. Second, the members of the public that have signed up
to speak will be called and given five minutes.
Public hearing item on this agenda tonight is for initiating and establishing a process for soliciting
proposals and granting non-exclusive telecommunications facility franchises. We have a presentation.
Christopher Spera: Madam Mayor, our Deputy City Attorney, Tina Newton, has worked very closely
with our outside counsel, Matt Ames, on this. She has done an excellent job and it is my pleasure to
ask her to do the presentation this evening.
Mayor Burk: All right.
Christine Newton: All right, so I just have a brief presentation for you all to highlight the high points of
the item that's in your package. As many of you will be familiar with because you have seen repeated
license agreement applications in front of you, in 2017, the General Assembly enacted some new laws
governing how localities can regulate the installation of wireless and small cell facilities in the public
rights of way. In 2017 and 2018, we had some additional legislation adopting a set of rules about the
local zoning of wireless facilities. Then in this area, we also have a lot of Federal law, Federal regulation,
and also orders of the FCC.
Together, those rules establish some limits on our permissible application processing time. When we
get these applications in, there's a complex set of rules about figuring out how long do we have to
process this. That's known as the shock clock, you might hear that bandied about. The enactment of
these new laws as you will remember if you've been on, even for you new Council Members, you've
already seen one of these license agreements and we are seeing more and more of them because they
are a technology that is assisting the wireless carriers with getting coverage in spaces that otherwise
they're having trouble with.
To date, we've been using five-year license agreements, and that is because the State code requires
us to go through a bidding process anytime we want to award a franchise or lease that for a term of
longer than five years. Up until now, we've been using these five-year license agreements and you've
approved seven of them previously. There is one other application that is currently pending which may
come back to you before the end of this process, and we'll get to that in a couple of weeks. Two wireless
carriers currently have multiple outstanding license agreements with us; that's Cellco, the Verizon
wireless affiliate, and Cingular, the AT&T affiliate, and then we have one agreement with Mobility.
As Mr. Spera mentioned, the Town Attorney's office has worked with our outside counsel, Matt Ames.
We were lucky enough to already be working with Matt on other telecommunications issues, and he
has experience assisting the City of Alexandria with a similar franchise agreement structure for their
small cell facilities. Under the terms of the proposed franchise agreement, which he's helped us to
prepare, the facilities that are already installed under an existing license agreement will become subject
to the franchise agreement structure. They'll be subsumed into it, so we don't have multiple agreements
floating around with the same carrier. Federal and State laws require that the Town addresses these
applications fairly quickly which places a premium on efficient review and processing. Before anyone
can install anything in the public right of way, including these small cell facilities, the applicant has to
have an authorization to utilize the right of way. In this case, they also needed a zoning permit. The
Page 111 April 27, 2021
zoning permit requirements are not going to change when we move from a license agreement to a
franchise agreement.
What changes is the structure for permitting them to use the public right of way. Under current State
law, many of these applications have to be processed within 60 days of submission of a complete
application, and the Town or other localities are not allowed to make the small cell facility application a
special exception. The proposed franchise that we have drafted would have a 10 -year term and three
actually automatic renewals of five years each unless the franchisee indicates that they do not want to
renew, so a total of 25 years. The individual application process is going to get more streamlined
because we will not need to come to Council every time someone wants to do a small cell installation.
You're not going to see seven more applications in the next two years, what you will have is an existing
authorization to use the right of way if certain conditions are met, and the existing rules governing the
zoning permits and the permit requirements for the right of way permits will remain the same, or as we
evolve and they apply generally to everyone. The other benefit here is that the protections that are
afforded to the Town such as our insurance requirements and our surety bond requirement are all going
to be contained in one single document for each carrier.
We're recommending that the Town utilize this franchise agreement structure as opposed to a license
agreement structure and that we'll replace these short-term license agreements and assist us with
efficient processing of these applications. To initiate this process, we're recommending adoption of the
proposed ordinance that you have in front of you. It's fairly complicated because what you're going to
have is the public bidding process that's required by the State code. I will be back before you a couple
more times because the next step would be there will be an advertisement for inviting bids and for the
public opening of those bids. We'll have the public opening as required by State code.
The Town Manager's office will have some time to evaluate the applications, the bids, and then we'll be
back in front of you hopefully at the end of June for award of however many franchise agreements are
appropriate. We expect there to be at least two carriers bidding on this non-exclusive franchise. That's
it.
Mayor Burk: All right, is there any questions?
Council Member Steinberg: Yes.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Thanks, Christine, for your presentation. I assume the franchise method
is a more streamlined and efficient way to go because you're not having to deal with the agreements
as often as you do with the licensing agreement. That would be correct?
Christine Newton: That is correct.
Council Member Steinberg: How is the Town protected over a 25 year period then as technology
changes or if the franchisee desires to increase the level of equipment in whatever area is described?
Christine Newton: The proposed franchise agreement the idea is that there will be a menu of pre -
approved structures to the facilities, if you will. If that menu of items is going to be increased or altered,
that would mean an amendment to the franchise agreement to do that. I'm sure that in the 25 year
period, you are absolutely correct that maybe we're going to go, who knows whether it's 6G or it's called
something else.
Council Member Steinberg: Exactly.
Christine Newton: In which case, I know that the carriers will be the first to come to us and say, 'We
have a new design for this and we would like to add that to the exhibit of pre -approved designs for the
polls." We'll have to talk about it and make sure that it matches the State code requirements and the
Federal rules as they are applicable at the time. Certainly, the Planning and Zoning Department will be
taking a lead in that as well.
Page 121 April 27, 2021
Council Member Steinberg: Are you saying the Planning and Zoning Department is part of the process
of designing the agreement and what may be defined as the massing of the particular installation? Let's
say a given installation has a footprint of so many square feet and the franchisee over the 25 year
period wants to increase that footprint, they would have to come back and renegotiate with the Town,
or would they be able to increase it under the existing agreement?
Christine Newton: There are existing limits to the size of these things that are dictated by State code,
and that is the definition that we have adopted in the proposed franchise agreement. If the State code
were to change, certainly, they could ask us to consider a change to the franchise agreement, but
there's a definition of small cell facilities that limits the size of the facilities. The pre -approved menu
designs is not exclusive, so they can ask for an individual pole design, there's nothing to stop them from
doing that. The process will not be as streamlined if they are looking for something special and out of
the ordinary, however, the limits that apply in the State code we'll still obtain here. They can't call
something a small cell facility that doesn't meet the definition in the State code.
Council Member Steinberg: Then finally, let's say it's not outside the realm of possibility that the
customer service of a given franchisee just tanks and suddenly you have a Town full of very unhappy
people because the service is so poor, what avenues of redress does the Town have in a situation like
that?
Christine Newton: That's not going to be a topic that's covered by this agreement. The reason is
because when the small cell carriers make an application to the Town under the current law, there are
very few bases on which the Town can deny that application. This does not change the basis for
approving or denying an application from the zoning perspective, if you will. It also doesn't change
applicable BAR review for Certificate of Occupancy if the pole is going to be in the historic district. It
does not change generally applicable provisions that apply to everyone using the right of way, or that
apply to all small cell carriers. All it does essentially is it cuts out a lot of work for the Town Council to
consider repetitive license agreements.
Council Member Steinberg: What you're indicating is, to a great extent by virtue of State and Federal
regulations, our hands are somewhat tied in this process.
Christine Newton: That is correct.
Council Member Steinberg: Okay, thank you.
Mayor Burk: Anyone else have any questions at this point?
Council Member Fox: I just have one quick one, sorry about that.
Mayor Burk: Yes, it's all right.
Council Member Fox: I'm sitting here and Council Member Steinberg makes an excellent point. One
of those was about the 25 -year, I had a question about that, but also pre -approved structures and the
Town rights of way. The downtown came up about, if I'm not mistaken, back in 2015, 2016, we had a
small cell application coming our way and we saw what it could look like if we approved that. We ended
up approving that, but now that I'm hearing that we won't have any sort of input, I'm a little worried about
this application.
Christine Newton: I'm sorry, I didn't hear the question. If there's a question, I didn't catch it.
Council Member Fox: My questions actually have been answered, so I just wanted to make a comment
there. I'm sorry about that.
Christine Newton: Okay, I'm sorry.
Mayor Burk: All right, any other questions at this point? All right, is there anyone in the public that
would like to speak? We do not have anybody that signed up. Is there anybody on the WebEx that
would like to speak?
Page 131 April 27, 2021
Keith Markel: Mayor, we still have two representatives from [unintelligible] company, so I can unmute
them and see if they have any comments for you.
Joshua Schakola: Yes, thank you. It's Joshua Schakola on behalf of Verizon Wireless. I just want to
thank staff and the attorney Matt Ames for working with us to draft the first agreement. We have supplied
the Town with a deck of design options that we've been utilizing and it's for the Virginia market. This
second design options also does give the Zoning Administrator as well as the Historic Preservation
Board options to be flexible on different designs and different camouflaging criteria which we have been
using. I've personally been working with the Board of Architectural Review and the Zoning Administrator
for probably about five years now on the designs and technologies and developing, so we look forward
to continuing to do so. We're going to be good faith neighbors in deploying this technology. That's all I
have to say. Thank you.
Mayor Burk: Thank you. Is there any additional speakers?
[silence]
Is there another speaker on the line?
Keith Markel: I have everyone unmuted. I'm not hearing any other comments, so I will close the remote
participation.
Mayor Burk: All right. We have asked our questions, Mr. Bagdasarian.
Council Member Bagdasarian: I saved one question for clarification. Thank you very much, it's very
clear. In the current process, is there a process of public hearing for every single application or it does
not even go to that level?
Christine Newton: No. It does come before Council, but it's generally not a public hearing because the
license agreement is for a term of five years. If it was for a term of longer than five years, it would have
to have a public hearing and that's why we are here for a franchise agreement.
Council Member Bagdasarian: Got it. All right, thank you.
Christine Newton: Sure.
Mayor Burk: All right, is there anybody in the audience that would like to speak? Seeing no one, I will
close this public hearing. Do I have a motion from anyone in the dais here? You need to make a motion
to approve, to initiate, and establish the process for soliciting proposals and granting non-exclusive
telecommunications facilities franchise.
Council Member Steinberg: So move.
Mayor Burk: Okay, Mr. Steinberg moved the proposed ordinance, is there a second?
Vice Mayor Martinez: Second.
Mayor Burk: Seconded by Vice Mayor Martinez. All in favor indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Fox: Nay.
Mayor Burk: Ms. Fox, you are opposed?
Council Member Fox: Yes.
Page 141 April 27, 2021
Mayor Burk: Okay, thank you. That passes six -one. There's no new business. We have Council
disclosures and comments. Mr. Steinberg, do you have anything?
Council Member Steinberg: No, Mayor, thank you.
Mayor Burk: Mr. Cummings?
Council Member Cummings: No, thanks.
Mayor Burk: Ms. Nacy?
Council Member Nacy: Nothing.
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian: Just a few things. Just a couple of commission updates. The EDC
hosted a small business forum last week online and solicited ideas from the business community. Some
good discussions from that. Once we got the conversation going, I thought they did a great job. The
staff and EDC chair and the EDC in general did a great job of that. Secondly, COPA, there's a lot of
activity. Like Vice Mayor Martinez mentioned last night, COPA is really firing all cylinders right now.
Really, I want to say a model commission really collaborating with other commissions to work on
different projects.
Some of those will be coming to Council soon. You probably noticed there's several mural projects in
the works right now including the bridge near the W&OD, which I encourage you to stop by and take a
look at that as it's in process. It's fascinating to watch that in process. Another on Harrison Street is in
also process. We'll be having the next one meetings, a presentation on a Black History mural that will
be coming forth to us as well. Plus working on the arts and cultural district relaunch, so there's a lot
going on with COPA and really give them a lot of credit for all the work the commission is doing and the
co-chairs.
They've got co-chairs because there's such a workload, but really appreciate all the work they're doing,
and you'll see the visible results shortly in the Town.
Mayor Burk: All right, thank you. Mr. Martinez.
Vice Mayor Martinez: I'm done.
Mayor Burk: All right, during the regional comments, I forgot to mention that VML on May 14th had a
Town Hall on legislative issues. One of the things that really stood out was the lack of understanding of
the impact to local government when the General Assembly makes laws and VML was running all over
the place trying to get the message to the legislatures on a number of different pieces of legislation and
with COVID and all the different locations they were located, it was very difficult to get that message
out.
Our legislators that represent us did a better job than the others, but we still have to carry that message
that local governments are the closest to the people, so don't make laws, Richmond, that impact us
without asking us and collaborating with us. May 15'h, the Goddard Preschool invited Supervisor
Umstattd and myself to present our week of the young child proclamation that we passed up here on
the diocese. We gave it directly to the teachers. It was wonderful to see all those dedicated teachers
that are so excited to have the kids back. They were very grateful for the recognition. The most important
years of a child's learning is zero through five.
Preschool is not a babysitting pursuit, it is a purposeful effort to teach young minds, and the Goddard
School is just one example of the many terrific preschools that we have here in Leesburg. On May 16th
I joined the volunteers of Ampersand recognize that they have given out over 90,000 meals. We
recognized the volunteers for all of their hard work. It was a terrific opportunity to say thank you to this
group that has been tireless, and now they are already past 93,000. On May 16'h, Council Member
Cummings and I walked the Sycolin Creek Cemetery.
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On May 17th, I want to congratulate parks and rec staff for the amazing Flower and Garden Show. It
was in a new location, and logistically, I'm sure it was a little more difficult, but, boy, it was a very good
event and very well received. I also accepted the tree city proclamation for the Town. May 18th, Morven
Park hosted the point-to-point races. It used to be at Oatlands. This is almost an historic event that they
have every year, and so to move it to Oatlands was a unique opportunity and it was a very well done.
On May 19'h, Boy Scout troop with leader Kate Ackers, they are working on a badge and they invited
me to come so they could ask questions about what it was to be Mayor.
Some of the questions were really hard and it was very interesting. I want to thank the young boys that
were there and wished them all the luck as they move on. It was actually a Cub Scout troop and they're
moving onto Boy Scouts. On the 20th of ribbon cutting for George C Marshall, Council Member
Cummings and Steinberg were at this, and this is actually for Mrs. Marshall. It was a brand new exhibit
they had and very, very interesting if you get the opportunity to see it. As Council Member Bagdasarian
mentioned it, the EAC, the Economic Advisory Commission had a great event, a forum. It was a
business forum and I want to thank all the businesses that participated.
There was a lot of discussion, a lot of interesting ideas and I know that the Economic Development
Department appreciated it, gave them a lot of new things to think about and things to do, so we'll be
doing that on the future. I want to thank all the Council Members for participating in the retreat this
weekend. I think that was very useful and a good thing to do. I wanted to say goodbye to Don Chapman.
He was one of the members of the EDC that really recognized that Leesburg could be a place where
music and art would be a real drive. It was a fight because not everybody agreed and Don and Mr.
Bagdasarian were leaders in this and really made a difference to Leesburg.
Then I want to thank Frances Hazel Reid, Mrs. Jochems, the principal there. We did a dedication to
their new playground and if you haven't had a chance to see it, go see it because it's very tempting to
climb the spider web. I behaved myself and didn't, but there were others that probably would've liked to
have seen that. For future additions, I would like to have a discussion on the initiating the TLZO Section
3.3 - the density intensity development standard for the B1 district in regard to amending the multifamily
lot size to less than 10,000 square feet and have a discussion on the TLZO Section 9.13, reducing or
eliminating the on -site open site space and recreational space for multifamily projects in the B1 district.
I do need four people that would be interested and willing to put that on for a future discussion. Are
there four people that would be willing to do that? Mr. Steinberg, Mr. Cummings, Mr. Bagdasarian, and
Ms. Nacy, and of course myself. I think I had forgotten Ms. Fox, did I not? Did I ask Ms. Fox?
Council Member Fox: No, but that's okay. I just keep listening to everything else. The only thing I have
is I feel like I have to agree with you, I don't think we should be making laws without discussing it with
our citizens, especially if it's going to greatly affect them, but that's all I've got. Thanks.
Mayor Burk: All right. Town manager?
Kaj Dentler: No comments.
Mayor Burk: All right, do I have a motion to adjourn?
Vice Mayor Martinez: Moved.
Mayor Burk: Move by Vice Mayor Martinez. Second.
Council Member Bagdasarian: Second.
Mayor Burk: Seconded by Council Member Bagdasarian, all in favor.
Council Members: Aye.
Mayor Burk: Opposed? All right, we are done.
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