HomeMy Public PortalAbout2021_tcmin0608 COUNCIL MEETING June 8, 2021
Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding.
Council Members Present: Ara Bagdasarian, Suzanne Fox, Vice Mayor Marty Martinez,
Kari Nacy, Neil Steinberg and Mayor Kelly Burk.
Council Members Absent: Zach Cummings.
Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy
Town Manager Keith Markel, Director of Public Works and Capital Projects Renee
LaFollette, Zoning Administrator Mike Watkins, Management and Budget Officer Jason
Cournoyer and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Steinberg.
3. SALUTE TO THE FLAG was led by Vice Mayor Martinez.
4. ROLL CALL Council Member Cummings absent.
a. Electronic Participation for Council Member Bagdasarian and Council Member
Fox
Council Member Bagdasarian and Council Member Fox requested to
participate electronically in the Council Meeting. Mayor Burk, Vice Mayor
Martinez, Council Member Nacy and Council Member Steinberg were physically
present at the meeting.
MOTION2021-111
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
To allow Council Member Bagdasari an and Council Member Fox to electronically
participate in the June 8, 2021, Town Council Work Session.
The motion was approved by the following vote:
Aye: Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 4-0-1-2(Cummings absent, Bagdasarian and Fox abstain)
5. MINUTES
a. Work Session Minutes of May 24, 2021
MOTION2021-112
On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the
minutes of the Work Session of May 24, 2021, were moved for approval.
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COUNCIL MEETING June 8, 2021
The motion was approved by the following vote:
Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Cummings absent)
b. Regular Session Minutes of May 25, 2021
MOTION 2021-113
On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the
minutes of the Regular Session of May 25, 2021, were moved for approval.
Council Member Fox abstained from the vote as she was not present at the
May 25, 2021, Council meeting.
The motion was approved by the following vote:
Aye: Bagdasarian, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1-1(Cummings absent, Fox abstain)
6. ADOPTING THE MEETING AGENDA
MOTION2021-114
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting
agenda was moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Fox, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk
Nay: None
Vote: 6-0-1(Cummings absent)
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. Juneteenth
Mayor Burk read the proclamation for Juneteenth. Mayor Burk noted she
would be taking it with her to present at a celebration on June 19t.
b. LGBTO Pride Month
Mayor Burk read the proclamation for LGBTQ Pride Month. Cris Candice
Tuck, Vice President on the Board of Directors of Equality Loudoun accepted the
proclamation and made a few remarks.
9. PRESENTATIONS
a. None.
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COUNCIL MEETING June 8, 2021
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioner's Section was opened at 7:10 p.m.
There were no petitioner's wishing to speak during the Petitioner's Section.
The Petitioner's Section was closed at 7:12 p.m.
12. APPROVAL OF THE CONSENT AGENDA
Council Member Fox requested item 12.b. —Dominion Energy Electric Vehicle
Charging Grant Application be removed from the Consent Agenda for discussion.
MOTION2021-115
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following
consent agenda was proposed with item 12.b. —Dominion Energy Electric Vehicle Charging Grant
Application removed:
a. Award of Contract for Land Management Information System
RESOLUTION2021-080
Award of Contract to Central Square in the amount of$281,600 for Land
Management Information System Services
c. Approving the Standard Project Agreement with the Northern Virginia
Transportation Authority for the Interchange Improvements at Route 15
Leesburg Bypass and Edwards Ferry Road
RESOLUTION2021-081
Authorizing the Town Manager to Execute a Standard Project Agreement
(SPA)for Fiscal Year 2018-23 Program with Northern Virginia
Transportation Authority(NVTA)Regional 70%Funds for the Interchange
Improvements at Route 15 Leesburg Bypass and Edwards Ferry Road Project
d. Ida Lee Park Recreation Center—Indoor Pool Roof Rehabilitation Project
RESOLUTION2021-082
Awarding a Contract for the Ida Lee Park Recreation Center Indoor Pool Roof
Rehabilitation Project to Alonzo Ours Construction, Inc. in the Amount of
$1,093,666
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COUNCIL MEETING June 8, 2021
e. Flexible Pavement Maintenance Continuing Services Change Order
RESOLUTION2021-083
Authorizing a Change Order to the Flexible Pavement Maintenance
Continuing Services Contract with Finley Asphalt and Paving Company in
the Amount of$95,000
f. Supplemental Appropriation for Fiscal Year 2021 Snow Storm Costs
RESOLUTION2021-084
Approval of a Supplemental Appropriation of$933,811 in the General Fund
from Fiscal Year 2020 Unassigned General Fund Balance for Reimbursement
of Snow Removal Operational Requirements for Fiscal Year 2021
g. Waive Fees for Loudoun NAACP&Loudoun Freedom Center Juneteenth
March
RESOLUTION2021-085
Waiving Special Event Fees for Juneteenth March to be held on June 19, 2021
The Consent Agenda was approved by the following vote:
Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Cummings absent)
h. Dominion Energy Electric Vehicle Charging Grant Application
Council Member Fox asked who would pay for the electricity, who
will be able to use it and will commuters who come through Town be able to
use it. Council and staff discussed the item.
MOTION2021-116
On a motion by Council Member Steinberg, seconded by Vice Mayor
Martinez, the following was proposed:
RESOLUTION2021-086
Authorization to Submit an Electric Vehide Charging Station Grant
Application
The motion was approved by the following vote:
Aye: Bagdasarian, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk
Nay: Fox
Vote: 5-1-1 (Cummings absent)
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Potential Zoning Ordinance Amendments for Temporary Uses Post
COVID
Mr. Mike Watkins gave a presentation to Council on potential text
amendments to the Zoning Ordinance focused on three areas: outdoor
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COUNCIL MEETING June 8, 2021
dining, temporary uses for things like carnivals, festivals, and fairs; and,
business special events. Council and staff discussed the proposed
amendments and how they are related to the soon to expire Continuity of
Government Ordinance.
MOTION2021-117
On a motion by Vice Mayor Martinez, seconded by Council Member Nacy,
the following was proposed:
I move to approve the proposed resolution to initiate amendments to Articles 9,
11, and 18 of the Zoning Ordinance which address Outdoor Dining,
Temporary Uses, and Business Special events.
RESOLUTION2021-087
Initiate Amendments to the Zoning Ordinance to Create Temporary Outdoor
Dining as a Temporary Use, and Amend Other Temporary Use and Business
Special Event Regulations
The motion was approved by the following vote:
Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Cummings absent)
b. Updating Council's Ethics Policy
Mayor Burk requested this item be postponed until the July 13
Council meeting when all Council Members would be in attendance.
MOTION2021-118
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the
following was proposed:
To postpone the Updating Council's Ethics Policy discussion to July 13, 2021
The motion was approved by the following vote:
Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Cummings absent)
14. PUBLIC HEARINGS
a. None.
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
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COUNCIL MEETING June 8, 2021
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Vice Mayor Martinez thanked Mayor Burk for having a previous commitment that
allowed him to attend Destiny School's first fifth grade graduation.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk said she read a bedtime story to the students at Balls Bluff
Elementary School and thanked the PTA President Pam Retnya for a wonderful
experience. Mayor Burk thanked staff for organizing a wonderful Memorial Day
ceremony. Mayor Burk added that Col. Phil Rusciolelli did a phenomenal job as the
guest speaker. Mayor Burk met with Ms. Michelle Gowdy with VML concerning
the Federal funding issue. Mayor Buk also met with Mr. Chris Anderson about his
idea for Westpark that he later found out he couldn't do but noted it was interesting
to hear his idea. Mayor Burk thanked Vice Mayor Martinez for covering the
Destiny School graduation on her behalf. Mayor Burk welcomed Bender's Bagels to
King Street in Leesburg. Mayor Burk noted it is a unique idea of a bagel venue in
the morning and a speakeasy at night. Mayor Burk said she was joined by Council
Members Cummings, Steinberg and Nacy for the ribbon cutting. Mayor Burk
thanked the Sons of the American Revolution who for the last five years have held a
ceremony on the Courthouse grounds in front of the American Revolution Statue
for Wayne's Crossing. Mayor Burk displayed a plaque they gave to her to hang in
her new office. Mayor Burk thanked staff for starting this year's Acoustics on the
Green program. She noted she was not able to attend the first concert but hopes to
be at the next one.
Mayor Burk requested a Work Session discussion on banning guns on Town-
owned properties.
It was the consensus of Council to add this to a future Work Session.
19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. None.
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COUNCIL MEETING June 8, 2021
21. ADJOURNMENT
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting
was adjourned at 7:37p.m.
Ke Bur ayor
Town of Leesburg
ATTEST:
(Zieeee:2,a52.4ep
Clerk of Council
2021_tcmin0608
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June 8, 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: I would like to call to order the June 8th meeting of the Leesburg Town Council. If anyone
in the room needs hearing assistance, please see the Clerk. Council Member Steinberg will be giving the
Invocation and Vice Mayor Martinez will be doing the Salute to the Flag. Members of the public can now
participate in the Council Meetings electronically. Any member of the public that wishes to participate in the
public portion of the meeting should log onto WebEx or call in to the telephone number listed on the top of
the published agenda. Council Member Steinberg.
Council Member Neil Steinberg: Thank you. Today June 8th is two days past the 74th anniversary of the
offensive we know as D-Day. I'd like to ask for a moment of silence for all of those individuals who
participated in that day.
[pause]
Council Member Steinberg: Thank you.
Mayor Burk: All right. Vice Mayor Martinez.
Vice Mayor Fernando "Marty" Martinez: Please, join me for the [inaudible]. I pledge allegiance to the
flag --
Council Members: Of the United States of America, and to the Republic for which it stands, one nation,
under God, indivisible, with liberty and justice for all.
Mayor Burk: All right. I do need a motion to allow Council Member Bagdasarian and Council Member Fox
to electronically participate in tonight's meeting. Moved by Vice Mayor Martinez. Second by Council
Members Steinberg. All in favor indicate by saying, "Aye".
Council Members: Aye.
Mayor Burk: Okay. That's one, two, three, four. Four-zero, three. Mr. Cummings is not here--
Chris Spera: Four-zero—
Mayor Burk:Two abstain and one absence.4-0-2-1.Thank you, Eileen. Council Member Bagdasarian and
Council Member Fox, you are now part of the meeting, and Council Member Cummings is not here tonight.
Do I have a motion for the work session minutes of May 24th, 2021?
Vice Mayor Martinez: So moved.
Mayor Burk: Vice Mayor Martinez. Second?
Council Member Kari Nacy: Aye.
Mayor Burk: Council Member Nacy. All in favor indicate by saying, "Aye".
Page 11 June 8, 2021
Council Members: Aye.
Council Member Suzanne Fox:Abstain. I wasn't present.
Mayor Burk: Okay. That would be five-zero, one-one. Then the regular session meeting's in May 25tn
2021.
Vice Mayor Martinez: So moved.
Mayor Burk: Moved by Vice Mayor Martinez. Second?
Vice Mayor Martinez: Second.
Mayor Burk: Council Member Nacy. All in favor indicate by saying, "Aye".
Council Member: Aye.
Mayor Burk: I'm sorry. Ms. Fox, are you abstaining?
Council Member Fox: That's the regular minutes for the Tuesday meeting. Am I correct about that?
Mayor Burk: That is correct. Would you-?
Council Member Fox: I'm sorry. I have to abstain from the Tuesday meeting. I was there for the Monday
meeting.
Mayor Burk: That's what I thought. That would be a five-zero, one-one. The work session would be six-
zero, one.
Council Member Fox: Thank you.
Mayor Burk: All right. That's correct. Adopting the meeting agenda, do I have a motion for that first off?
Vice Mayor Martinez: So moved.
Mayor Burk: Council Member Martinez. Second?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg. Is there any changes to the meeting agenda at this point? All
right. All in favor indicate by saying, "Aye".
Council Members:Aye.
Mayor Burk: Opposed? That's six-zero, one. We have no certificates of recognition but we do have two
proclamations tonight. The first proclamation is for Juneteenth, and I will be taking that to the celebration
on June 19th but it is a proclamation. "Whereas President Abraham Lincoln signed the Emancipation
Proclamation on January 1st, 1863 declaring the state slaves in the Confederate territory free, and paving
the way for the passing of the 13th Amendment, which formally abolished slavery in the United States of
America".
"Whereas worried about the signing of Emancipation Proclamation was delayed some two and a half years,
to June 19th, 1865, in reaching authorities and the African Americans in the south and southwest United
Page 21 June 8, 2021
States, and whereas June 19th, has a special meaning to the African Americans, and it is called Juneteenth
combining the words June and 19th and has been celebrated by the African American community for over
a hundred and fifty years. Whereas, the year 2021 marks the 402nd anniversary of the arrival to the
Jamestown settlement of the first Africans that were enslaved, marking the beginning of nearly 250 years
of slavery in the British colonies and in the new nation, which would become the United States".
'Whereas today, Juneteenth celebrates African American freedom and achievements while encouraging
continuous self-development and respect for all cultures as it takes on a more national, symbolic, and even
global perspective to ensure the events of 1865 are not forgotten. Whereas the Leesburg Town Council
recognizes Irvin Greene and the Burg Family Reunion for their efforts to encourage residents to become
more aware of the significance of the celebration of African American History".
"Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia, hereby declare
that Saturday, June 19th, 2021, will be recognized as Juneteenth in the Town of Leesburg, Virginia. We
urge all citizens to recognize the importance of remembrance of all the lives lost during this tragic period of
slavery, proclaimed as the 8th day of June 2021." Like I said, I will take with me to that celebration.
The next one, we have people here today to accept our proclamation for lesbian, gay, bisexual,
transgender, and queer Pride Month of June 2021. "Whereas the Town of Leesburg is a diverse community
that embraces people of all races, backgrounds, sexual orientation, and gender identities. Whereas the
month of June was designated Pride Month to commemorate the Stonewall riots, which occurred June
1969, and are generally recognized as the catalyst of the lesbian, gay, bisexual, transgender, and queer-
identified rights movements".
'Whereas every June communities across the nation celebrate the contributions of the LGBTQ+ people to
commemorate those individuals who fight to secure equality, who experienced discrimination and have
historically been disenfranchised of the rights afforded to other Americans.Whereas the Town of Leesburg
remains committed to protect the rights of the LGBTQ community and invites everyone to respect, honor,
and celebrate our diverse community and to continue to build a culture of inclusiveness and acceptance for
the community".
"Therefore, be it proclaimed that the Mayor and the Council of the Town of Leesburg, Virginia, do hereby
proclaim June 20th, as LGBTQ Pride Month. As such, we recognize Chris Candice Tuck as the LGBTQ
activist in our community, and we call upon all residents to recognize the achievement of the community to
celebrate the great diversity of the American people, and to actively promote the principles of equality and
liberty proclaimed this 8th day of June 2021." I'm going to go down and present this to Chris at this point.
[silence]
Mayor Burk: Thank you. Sure, Chris.We want to thank you very much for coming today and for being part
of this celebration. We really value the fact that Leesburg is a very diverse community and welcoming, and
we want everybody to feel that they're part of the community. It's really important that you're here today and
accepting it, on behalf of the community at large. Thank you very much for being here. Would you like to
say a few words about your group?
Chris Candace Tuck: Sure. Equality Loudoun was founded originally in 2003. We've been fighting for
equal rights since then. I'm very happy to be joined by our Member-At-Large, Nick Gothard and our
Treasurer, Catie Cotes, Erin and Charlotte couldn't be here tonight, but we could not be more pleased.
Some of us just came from the School Board Meeting where the response from the community is not nearly
as supportive. This motion of support from the Leesburg Town Council means the world to us, and we
greatly appreciate it.
Mayor Burk: Everybody is with you.
Page 31 June 8, 2021
Chris Candace Tuck: Thank you all so very much. Thank you very much.
Chris Candace Tuck: Thank you, Mayor.
Mayor Burk: Thank you for being here.
[silence]
Mayor Burk:All right. The next thing we have is presentations, and we have no presentations at this point.
Does anybody have a Regional Commission report? All right. Our petitioners' section is next. "One of the
first orders of business is to hear from the public. All members of the public are welcome to address the
Council on any item, matter, or issue. Please identify yourself and if comfortable doing so, give your address
for the taped record. Any public speaker will be requested to state your name and spell it for the purpose
of closed captioning."Thank you.
"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 on the timer will turn yellow at the end of four minutes, indicating that
you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor
when the bell indicates your time has expired. For those participating on the phone, you will hear a bell
when your time is up. Under the rules of orders adopted by this Council. The five-minute time limit applies
to all".
"Council is now able to hear from the members of the public remotely. Once we have heard from everyone
present in the room, we will hear from members of the public on the phone."The first name on the list is--
there is no first name on our list. There's nobody in the room at this point that would like to speak. Is there
anybody on WebEx that would like to speak?
Keith Markel: Madam Mayor we do not have anyone participating this evening.
Mayor Burk: All right. Then I will ask, is there anybody else in the audience at this point that would like to
speak?Since there is nobody, I will close the petitioner section at this point. I am going to read the consent
agenda. Excuse me, here we go. May I have a motion first before we remove anything or put anything on?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Second? Seconded by Council Member Steinberg. All
right. Before I asked your vote, I'm going to read them all and if there's any that anybody would like to have
removed, please just identify it. "12. A is the Award of Contract for Land Management Information System.
B is the Dominion Energy Electric Vehicle Charging Grant Application. C is Approving the Standard Project
Agreement with the Northern Virginia Transportation Authority for the Interchange Improvements at Route
15 Leesburg Bypass and Edwards Ferry Road".
"D is Ida Lee Park Rec Center, the Indoor Pool Rehabilitation Project. E is the Flexible Pavement
Maintenance Continuing Services Change Order. F is a Supplemental Appropriation for Fiscal Year 2021
Snow Storm Costs, and G is the Waiver Fee for Loudoun NAACP & Loudoun Freedom Center Juneteenth
March." Is there any item that anyone would like to have removed?
Council Member Fox: Yes, Madam Mayor.
Mayor Burk: Yes?
Council Member Fox: I'd like to remove item 12. b.
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Mayor Burk: All right. Anyone else at this point?All right. Then we are now voting on 12. a, c, d, e, f, and
g. All in favor indicate by saying, "Aye".
Council Members:Aye.
Mayor Burk: All right. That's six-zero, one. Miss Fox, do you want to Dominion Energy Electric Vehicle
Charging Grant Application removed? Did you have-?
Council Member Fox: Yes. I have questions about that, yes.
Mayor Burk: Please, go ahead.
Council Member Fox: I took a look at the staff report. I think I understand the purpose of asking for the
grant, which I really don't disagree with. What I don't understand, though, is if we do go ahead, apply for
the grant and ultimately get some electric fueling stations on Town property. I'd like to know how, who will
be paying for the electricity for that and, and doing the actual cost. Who will be able to use that? Will
commuters who come through Town be able to use that? I've just tried to capture the scope of this.
Mayor Burk: All right. Mr. Markel, can you answer those questions for Miss Fox?
Keith Markel: Happy to. Yes, ma'am. The short answer is the Town is able to establish its own charging
rate structure. You can charge by the hour, you can buy charge by the charge, you can set the dollar
amount, Dominion does not care how much you charge or how you charge the mechanism. That's totally
at the discretion of locality to do that. They do require that the chargers be available to the public.
We can't have these behind the fence for any internal charging operations, for any fleet vehicles we may
purchase in the future. Using the public parking garage, Ida Lee, the airport, all those locations would be
publicly accessible locations for public charging.
Council Member Fox: Okay. The option is there then to charge for it. Is there an option for the Council to
not charge for it or any future Council to not charge for it?
Keith Markel: Technically, yes. Staff won't recommend that. I think you're not going to make money on
these typically, but you hope to at least cover your electrical charge, your maintenance costs on, there are
some annual maintenance costs to these. But yes, you'd be able to raise or decrease your charging in the
future. You could also make it so that you charged for the public's use but you can make it free for fleet
vehicles. If we had our own vehicles that we wanted to have charged that were Town-owned, you could
have QR readers on these devices so you could do free charging for Town vehicles.
Council Member Fox: Okay. I guess one of my major concerns or something that gives me pause about
this is that I believe for any taxpayers, there's a chance if we went this way, that at some point, they might
subsidize people who are filling up their tanks. What I'm worried about is, especially with the commuting
that comes through the area, that would get to be a costly endeavor. I guess that is a future discussion.Am
I correct about that?
Keith Markel: Yes. What we're recommending this evening -it's totally your choice, obviously- if you do
want to move forward, if this is something that you all would to pursue, we recommend applying for the
grant and locking in your position with Dominion Energy, and then putting together a more detailed analysis
costs to come back to you. Locations, costs, recommended fee, structures, all of those things for your
approval at a later point.
Council Member Fox: Okay. I expect that most of Council Members would want to do this. It gives me a
little bit of pause because I'm a little bit worried about voting to, but even to expose down the road, the
Page 51 June 8, 2021
taxpayers to the possibility that they would pick up the tab for somebody else to run their vehicles,especially
I keep thinking of the commuters that come through Town.
That is something at this point, I don't think it's a good idea. I always feel like this thing should be left up to
the private sector. That's why I pulled it. I just wanted to get some clarity on that and to see what our options
would be. Thank you.
Mayor Burk: All right. Since it has been pulled, it needs to be a separate motion. Do I have a motion to
move the Dominion Energy Electric Vehicle Charging Grant Application?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second?
Vice Mayor Martinez: Second.
Mayor Burk: Vice Mayor Martinez. Any additional questions, Mr. Martinez?
Vice Mayor Martinez: I'm looking at this, and the average charge seems to be about$9. How much time
does it take to do a full charge? Do you have those data?
Keith Markel:What we would be applying for is a level two charger. Roughly it's about an eight-hour charge
for a vehicle that's fairly depleted. What I understand from the electric vehicle community that we've talked
to, and the vendors on this is that folks tend to charge before they get to a low battery level. People would
come in, be shopping Downtown, for example, plug in for an hour or two and put several hours of charge
on their vehicle, and then leave.
Vice Mayor Martinez: The only reason I bring this up is when we talking about charging stations, my
concern is that being public and for the Town, the amount of time to Town we'll have an opportunity to
charge if they need to do it. I think one of the things I would like to see is a priority set up that if the Town
cars need to be charged, that they get priority to the chargers, and how we do that it's going to be a
challenge. I'm looking--You're saying it takes eight hours?
Keith Markel: For a full charge.
Vice Mayor Martinez: For a full charge at$9 an hour. How many stations are we looking to put in?
Keith Markel: That seems awfully high, that$9 an hour, number.
Vice Mayor Martinez: Or$9 a charge. Charge$9 a charge from an empty battery depleted battery to a full
battery. I looked it up, an average charge is $9. If it takes 8 hours to do, that really limits the availability of
those charging cords. I guess when you come back to us, those are metrics or things that we need to talk
about.
Keith Markel: We all know this is an evolving industry and adoption is changing rapidly here. What we're
recommending is starting. If you do want to go the electric charging route with at least two chargers at each
of these three locations we identified, and as you see and we build an expansion capacity for that. We'd
make a larger panel to accept future connections, expand the conduit.We have everything in place so that
as the years progress here we're able to add in additional chargers as demand increases.
Vice Mayor Martinez: I imagine the next 5 years we're going to have 25%of the garage on electric vehicles
because they are coming online pretty quick. Thank you.
Page 61 June 8, 2021
Mayor Burk: All right. Okay. We have a motion by Council Member Steinberg seconded by Vice Mayor
Martinez. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Fox: Nay.
Mayor Burk: That's five-one-one. Okay. All right. That takes us to our resolutions. We have a potential
Zoning Ordinance amendment for temporary use post-COVID. Mr. Watkins, are you doing this one? You
can begin, you can do it without that. You have it memorized I'm sure.
Michael Watkins: Madam Mayor, members of Council, good evening. As stated, this is a potential
amendment to the Zoning Ordinance, and the purpose of the text amendments are to focus on three areas.
The first being temporary outdoor dining, the second being temporary uses, things like carnivals, festivals,
and fairs, and then lastly, business special events. Again, the purpose of this is to look at constraints and
opportunities.
The first is the temporary suspension of the zoning requirements to expire with the continuity of government
ordinance. You all are looking at that later on this month. Secondly is a response to conditions created
because of COVID-19 and then lastly opportunities to improve existing regulations. Pre COVID-19 outdoor
dining isn't permitted accessory use. The permitted use is not allowed in parking spaces. The first 20 seats
are credited against you or against the parking requirements for a diminutive provision, meaning that the
first 20 seats don't count against your parking requirements. Above that, the ratio is one per four seats.
Lastly, the use of tents and shade structures are permitted only in the downtown properties. During COVID
Council approved amendments to the temporary suspension of the zoning requirements. During COVID,
the suspension was because of your continuity of the government's ordinance. The use required an
application, a permit drawing,the calculation of fees were waived.Again,this was to promote use of existing
facilities constrained because of the indoor dining restrictions.
Temporary outdoor dining was permitted in parking lots and then lastly, the temporary outdoor dining was
permitted in all commercial zoning districts. Post COVI D-19, there's a few considerations that staff is asking
the Council to consider with this text amendment. First is the need, is there a need for this use to continue.
Indoor capacity restrictions will be lifted. Secondly, it's already an established use. Outdoor dining is already
a permitted use in the Ordinance.
There are site constraints that affect certain properties in the downtown, or not downtown, but Town-wide.
Those constraints could be that the site is already developed or doesn't have sufficient parking.Then overall
the concern that we have with this is parking in general. This would potentially lead to parking shortages
and/or review procedures for shared parking agreements. The potential amendments could include some
or all of the following changes. You could make no changes to the Ordinance. You can reevaluate parking
ratios or staff can create new temporary outdoor dining use in the Zoning Ordinance.
The second item was temporary uses. Right now, the Zoning Ordinance has three districts for temporary
uses. They're categorized generally in residential commercial and industrial districts. Temporary uses
include things such as Christmas tree sales. The most popular that we have is this category, carnival,
circus,festival and fair, farmer's markets,fireworks stands, rallies, seasonal weather enclosures.Again, the
reason why this is being brought forward to you is some of these uses were affected during COVID-19.
The constraints with our current ordinance requirements is that there's a fee of $250 for this application
type, and the most common complaint that I get is the fee is contrary to fundraising opportunities. Limited
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frequency and duration. Right now, the ordinance limits this use to no more than 10 consecutive days in
the six month period.Then the application must be submitted 10 days in advance of the event.The common
occurrence with this is that we're getting applications to the last minute and the 10 days is built in the
ordinance so that we're able to collaborate with various departments. Public Works, Fire Rescue, even the
County Health Department.
The opportunities that you have before you would be to consider a potential reduction in fees, increase the
permitted frequency of these events and include interpretations that have been made by Zoning
Administrators, reevaluate temporary uses in the respective districts. Looking at it comprehensively. Then
lastly, our business special events.Again, this category is primarily intended to address two specific things.
First is grand openings, and then secondly are special sales events. Again, these uses are subject to an
application fee supporting documentation and an application form. Right now the constraints that are in the
ordinance. Again, they're limited to two specific things, grand openings and special sales events. Then the
duration, you only get three consecutive days and then three times a year. The opportunity presented to
Council would be to consider expanding permitted event types and increasing the frequency of these
events.
This evening, staff is looking for direction from Council. Should staff be directed to initiate amendments
revising outdoor dining standards? Should staff be directed to initiate amendments revising temporary
outdoor standards, use standards? And, should staff be directed to initiate amendments to add more
flexibility for business special events?There is a motion that you can consider and I'm happy to answer any
questions that you may have.
Mayor Burk: All right, Mr. Bagdasarian, do you have any questions?
[silence]
Mayor Burk: I'll come back to Mr. Bagdasarian. Miss Fox, do you have any questions?
Council Member Fox: Just one quick question. If we went ahead and did some sort of change with the
fees, how much revenue are we talking about is being lost?
Michael Watkins: We have not performed a financial impact. I would say on average, the fee itself$250.
The impact of our general revenue would be de minimis, I don't know that it will have a significant impact,
but when we come back, if this is initiated, we'll definitely have that information for you.
Council Member Fox: Okay, thanks.
Mayor Burk: All right, Mr. Martinez.
Vice Mayor Martinez: We have a 10 day period every six months. Is there any way we could maybe
consider a 20 day period over a year, and let them determine if they want to use 15 days for one event and
five days for another?
Michael Watkins: I anticipate if this is initiated, we're going to come back with a matrix of different options
for Council to consider.
Vice Mayor Martinez: Okay, because I know, for example, the Paxton School, they like to have in October
a longer period of time, then they have another fundraise in February so if we gave them the 30 days, or
20 days, they can use it in two different ways they need it instead of just having to come back and reapply
every six months. Thank you.
Mayor Burk: Mr. Steinberg.
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Council Member Steinberg: Well, since Vice Mayor Martinez brought that up, Paxton is private property,
or how do they fall under this?
Michael Watkins: All of these events affect private property when it's a Town-sponsored event on Town
property, a business, the temporary use permits not required if there are items such as stages or large tents
and whatnot, then a Zoning permit's required, but if it's on Town property, these applications do not affect
those events.
Council Member Steinberg:Okay, but otherwise, on private property,they fall under the same constraints.
Michael Watkins: Yes, sir.
Council Member Steinberg: Prior to COVID, I have to assume that the Ordinance as it stood was fairly
carefully thought out. As we move out of the Continuity of Government state of emergency, what has staff
seen in the experience of the last year and a half or so that they feel would speak to why we should create
changes to the current Ordinance?
Michael Watkins: No complaints. I've not received any complaints during this time period. Again, I think
the biggest driver here was the fact that 100%of the indoor capacity wasn't in effect. It was a good balancing
act that the Council considered in temporarily suspending the regulations. With post COVID it was just an
opportunity to present this to Council and to consider potential opportunities and constraints. Again, the
biggest one that staff sees right now is just the impact on parking.
Council Member Steinberg: Exactly. Basically, you're looking to us to ask you to review it and come back
with recommendations.
Michael Watkins: Yes, sir.
Council Member Steinberg: Obviously, the effect on parking there'd be a lot of input on that, fees and
other things notwithstanding. Okay, a review process, but we're not answering anything in stone just yet.
Michael Watkins: Not tonight.
Council Member Steinberg: All right. Thank you.
Mayor Burk: Anyone else at this point?All right. I just want to reiterate what Mr. Steinberg just pointed, he
was just making this is to initiate amendments, it's not to approve them at this point. You bring back much
more information at a later date. That being the case, Mr. Martinez, could you read the motion, please?
Vice Mayor Martinez: I move to approve the proposed resolution to initiate amendments to Articles 9, 11,
and 18 of the Zoning Ordinance which address Outdoor Dining, Temporary Uses, and Business Special
events.
Mayor Burk: Is there a second?
Council Member Nacy: Aye.
Mayor Burk: Seconded by Council Member Nacy. I heard you first. Any other comments at this point?All
in favor indicate by-- Is Mr. Bagdasarian still on?All in favor indicate by saying aye?
Council Members: Aye.
Mayor Burk: Opposed? I didn't hear Mr. Bagdasarian vote.
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Eileen Boeing: I see him online.
Mayor Burk: [laughs] Should I make that assumption that he's in favor of it?
Chris Spera: Hearing no objection I think. He didn't say no either.
Mayor Burk: He didn't say no either. That's six-zero-one. The next item is updating the county's Ethics
Policy. We had talked about this at our retreat, and we stated at that time that we felt it was very important
that everybody be part of the discussion. We have a member that's not here tonight. Possibly, I don't know
if you found out your status for the next meeting.
Council Member Nacy: Yes. I won't be here.
Vice Mayor Martinez: I move to table or to postpone the motion until our first meeting in July.
Mayor Burk: Ms. Nacy won't be here for that first meeting in July.
Council Member Nacy: No. It's the last meeting in June.
Mayor Burk: It's the first meeting, okay. The first meeting in July, if everybody is present. Mr. Martinez.
Council Member Fox: Second.
Mayor Burk: Ms. Fox seconded that. All in favor indicate by saying aye?
Council Members:Aye.
Mayor Burk: Opposed?That takes us down to Council disclosures and comments.Are there any additions
to future meetings or any disclosures. Mr. Steinberg?
Council Member Steinberg: I don't have any.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: I wanted to thank the Mayor for having a previous commitment that allowed me to
attend Destiny's first fifth-grade graduation. It was good to see the students out there. I'm really impressed
with Destiny school's curriculum. It's a Performing Arts and I managed to get a nice painting by a fifth-
grader. I was going to bring it along but I forgot to bring it with me tonight. I will make a point to bring it with
me so I can show you guys the talent that Destiny School has. Other than that, thank you Madam Mayor.
Mayor Burk: I think it was for me.
[laughter]
Vice Mayor Martinez: Too late.
Mayor Burk: Too late. No problem. Thank you. Ms. Fox?
Council Member Fox: No, thank you.
Mayor Burk: Mr. Bagdasarian?
Council Member Ara Bagdasarian: No, thank you. I think that was good. Thank you very much.
Page 101 June 8, 2021
Mayor Burk: Ms. Nacy?
Council Member Nacy: No, ma'am.
Mayor Burk: I do have a couple of things I need to disclose. May 27th, I read the bedtime story to the kids
at Balls Bluff Elementary School. I want to thank the PTA president, Pam. I think her name is Retnya. It
was a wonderful experience and the kids were just delightful. It was wonderful and I really appreciate the
opportunity to do that. Memorial Day ceremony, I want to thank staff for what a wonderfully organized event.
Paul [unintelligible]did a phenomenal job as the speaker. It was just a great event and it's so many people
that it was very inspiring.
On June first, I met with Michelle Gowdy with VML concerning the Federal funding, and on June 2nd, Chris
Anderson, about his idea about Westpark that he found out he couldn't do, but it was interesting to hear his
idea. Thanks to Mr. Martinez, Vice Mayor for covering the Destiny School. You are right. It is a very unique
school and what a great opportunity. Thank you for doing such a great job. I want to welcome Bender's
Bagels and Speakeasy that we did a ribbon cutting for. It's right there on King Street. It's a really unique
idea. Mr. Cummings and Mr. Steinberg both attended and it's an interesting concept of having a little bagel
shop that actually turns into-- Ms. Nacy was there too. It turns into a speakeasy. It's a great new concept,
a new idea and it's wonderful.
I want to thank the Sons of the American Revolution. They have, for the last five years, held a ceremony
on the Courthouse grounds in front of the American Revolutions Statue, for Wayne's Crossing, and they
were kind enough, they're always very generous with their gratitude. They gave me a plaque to hang in my
new office, they--gives me the bronze-gold citizenship medal. Next year, I'm working on the silver. I want
to thank them very much,thank them for remembering this particular incident within the Revolutionary War.
Although I was not able to attend, I do want to thank staff for starting the Acoustics on the Green. I hope it
went well. I hope to be at the next one, but that was wonderful. Mr. Town Manager do you have any-
Council Member Steinberg: Madam Mayor.
Mayor Burk: Yes.
Council Member Steinberg: You had mentioned something to me today about an item you wanted to
bring up for the next meeting.
Mayor Burk: Thank you. I do want to bring up, [chuckles]thank you for reminding me, for a future Council
meeting I would like to have a discussion concerning the banning of guns in Town government property or
buildings. Not property, but buildings. Are there for people that would be willing to do that? Have that
discussion? Mr. Steinberg, Mr. Martinez, myself. Mr. Bagdasarian?
Council Member Bagdasarian: Yes.
Mayor Burk: All right. There's four votes right there. All right. That will be for a future discussion item. Mr.
Town Manager?
Kaj Dentler: No comments.
Mayor Burk: Do I have a motion to adjourn?
Vice Mayor Martinez: Yes.
Council Member Steinberg: Second.
Page 111 June 8, 2021
Mayor Burk: I think this is a record. Mr. Martinez, seconded by Mr. Steinberg,All in favor indicate by saying
aye.
Council Members: Aye.
Mayor Burk: That's 6-0-1. Looking at our agendas for the next meetings, do not expect them to be like
tonight. [chuckles]. Thank you all very much. Have a great weekend.
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