HomeMy Public PortalAbout2021_tcmin0622 COUNCIL MEETING June 22, 2021
Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding.
Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor
Marty Martinez, Neil Steinberg and Mayor Kelly Burk.
Council Members Absent: Kari Nacy.
Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town
Manager Keith Markel, Director of Finance and Administrative Services Clark Case, Director
of Economic Development Russell Seymour, Deputy Town Attorney Christine Newton,
Deputy Director and Treasurer of Finance and Administrative Services Lisa Haley and
Executive Associate Corina Alvarez.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Fox.
3. SALUTE TO THE FLAG was led by Council Member Steinberg.
4. ROLL CALL Council Member Nacy absent.
5. MINUTES
a. Work Session Minutes of June 7, 2021
MOTION 2021-120
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the
minutes of the Work Session of June 7, 2021, were moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Nacy absent)
b. Regular Session Minutes of June 8, 2021
MOTION2021-121
On a motion by Council Member Steinberg, seconded by Council Member Cummings, the
minutes of the Regular Session of June 8, 2021, were moved for approval.
Council Member Fox abstained from the vote as she was not present at the June
8, 2021, Council meeting.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1-1 (Nacy absent, Fox abstain)
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COUNCIL MEETING June 22, 2021
6. ADOPTING THE MEETING AGENDA
MOTION 2021-122
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the meeting
agenda was moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Steinberg, Vice Mayor Martinez and Mayor Burk
Nay: None
Vote: 6-0-1 (Nacy absent)
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. None.
9. PRESENTATIONS
a. Annual Report of the Tree Commission
Tree Commission Chair Earl Hower presented Council with the annual report of
the Tree Commission.
10. REGIONAL COMMISSION REPORTS
Mayor Burk gave a report of the Northern Virginia Transportation Authority meeting on
June 10 and the Northern Virginia Regional Commission meeting on June 21.
11. PETITIONERS
The Petitioner's Section was opened at 7:12 p.m.
Mike McLister. Spoke to Council about ways to develop uses in the Zoning
Ordinance for Live/Work options that will accommodate a diverse group of incomes
and age groups.
The Petitioner's Section was closed at 7:18 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION2021-123
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following consent
agenda was proposed:
a. Continue Public Hearing to Award Small Cell Franchise to July 27. 2021
I move to continue the public hearing on Award of Franchise to July 27, 2021.
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COUNCIL MEETING June 22, 2021
b. Supplemental Appropriation for Fiscal Year 2021 of Federal Aviation Agency-
CARES Act Airport Grant Program Funding Award
RESOLUTION2021-088
Approval of a Supplemental Appropriation in the amount of$69,000 for Funding
Awarded to the Leesburg Executive Airport through the Federal Aviation Agency's
CARES Act Airport Gran'Program
c. Authorizing Encroachment Agreement with Exeter Homeowners Association
RESOLUTION2021-089
Authorizing an Encroachment Agreement with Exeter Homeowners Association
d. Amendment to the Comm pity Development Block Grant(CDBG) Cooperation
Agreement with Loudoun County
RESOLUTION2021-090
Approving the Amendment to the Community Development Block Grant(CDBG)
Cooperation Agreement and Authorizing the,Mayor to Execute the Agreement with
Loudoun County
e. Town Green Renovation Project—Construction Contract Award
RESOL UTION2021-091
Awarding a Construction Contract for the Town Green Renovations Project to
Sagres Construction Cooperation in the Amount of$174,725
f. Terminating Declaration of Local Emergency Enacted During COVID-19
Pandemic
RESOLUTION2021-092
Terminating Resolution No. 2020-061 that Declared a Local Emergency Related to
the COVID-10 Pandemic
g. Repealing Continuity of Government Ordinance Enacted During COVID-19
Pandemic
ORDINANCE 2021-0-013
Repealing Ordinance No. 2 021-0-002 Enacted to ensure the Continuity of
Government during the State of Emergency Caused by the COVID-19 Pandemic
h. Administrative Review of COAs
RESOLUTION2021-093
To Initiate Amendments io Articles 3 and 7 of the Zoning Ordinance to Expand
Administrative Review of Certificates of Appropriateness
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COUNCIL MEETING June 22, 2021
The Consent Agenda was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Nacy absent)
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. None.
14. PUBLIC HEARINGS
a. TLZM-2020-0002, Floor and Decor
The Public Hearing was opened at 7:20 p.m.
Mr. Scott Parker presented Council with the request for a rezoning application
for Floor and Decor at the former Walmart site located at 950 Edwards Ferry Road to
allow lumber and building materials sales currently prohibited by proffer. Council and
Mr. Parker discussed the application.
Mr. Brad Lauth with CenterPoint Integrated Solutions spoke to Council on
behalf of the applicant Floor and Decor regarding the type of business and employment
opportunities Floor and Decor brings to Leesburg as well as the need for the rezoning
application. Council, Mr. Lauth and Ms. Julie Starzynski, Floor and Decor Director of
Construction Design and Entitlements discussed the application.
Public Speakers:
There were no speakers wishing to address this public hearing.
The public hearing was closed at 7:50 p.m.
MOTION 2021-124
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
Rezoning application TLZM-2020-002, Floor and Decor,.be approved on the base that the
rezoning meets the approval criteria of TLZO Section 3.3.15, and the proposal will serve
the public necessity, convenience,general welfare, and good planning practice.
ORDINANCE 2021-0-014
Approving TLZM-2020-0002, Floor and Decor Concept Plan and Proffer Amendment to
Allow Lumber and Building Materials Sales and Additional Uses Prohibited by Existing
Proffers
111 The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Nacy absent)
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COUNCIL MEETING June 22, 2021
b. Batch Amendments to the Town Code
The Public Hearing was opened at 7:52 p.m.
Ms. Christine Newton and Ms. Lisa Haley presented Council with proposed
batch amendments to the Leesburg Town Code to conform the Code to the current state
of the law, to update procedures to conform to current policies, conform the Town Code
to other Town ordinances and regulations, clarify and refine business processes, and.
correct errors or unclear sections for staff and the public. Amendments include
amending the reporting and due dates for Meals Taxes effective January 2022 from
quarterly to monthly; amending the reporting and due dates for Business, Professional
and Occupational License (BPOL)from May 1 to March 1 each year effective January
1, 2022; proposing a revision clarifying that Homestay providers are required to obtain a
Town business license; changing the language for how streets are named in the future
since the Planning Commission no longer reviews subdivision plats or street names and
to make it consistent with the Subdivision and Land Development Regulations (SLDR);
and, repealing Section 32-142 due to recent Federal case law and to ensure
Constitutional validity, eliminating a prohibition on parking a vehicle on any street
within the limits of the Town for the purpose of advertising a vehicle for sale. Council,
Ms. Newton and Ms. Haley discussed the proposed amendments.
Public Speakers:
There were no speakers wishing to address this public hearing.
The public hearing was closed at 8:18 p.m.
MOTION2021-125
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the
following was proposed:
ORDINANCE 2021-0-015
Amending
Town Code Chapter 20(Licenses, Taxation and Miscellaneous Regulations),Article V
(Meals Tax), Section 20-110(Report of Taxes Collected;Remittance Preservation of
Records); Section 20-111 (Discount)
Town Code Chapter 20(Licenses, Taxation and Miscellaneous Regulations), Article IX
(Business, Professional and Occupational License Tax), Section 20-233(License
Requirement)and Section 20-251 (Hotels, Motels, Motor Lodges,Auto Courts, Tourist
Courts, Lodginghouses, Roominghouses and Boardinghouses)
Town Code Chapter 30(Streets, Sidewalks and Other Public Places),Article IV(Street
Names), Section 30-89(Streets Named In Future)and Section 30-91 (Ordinance Required
for Change of Street Name)
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COUNCIL MEETING June 22, 2021
Town Code Chapter 32(Traffic and Vehicles), Article V(Stopping, Standing and
Parking), Division 1 (Generally), Section 32-142(Prohibited for Certain Purposes)
Vice Mayor Martinez requested staff to get back to Council with answers to the
questions regarding the length of time for putting an unattended car on a public right of
way.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: None
Vote: 6-0-1 (Nacy absent)
c. Extending the Existing Cable Franchise with Verizon Virginia LLC
The Public Hearing was opened at 8:19 p.m.
There was no presentation for this item.
Public Speakers:
There were no speakers wishing to address this public hearing.
Council and Ms. Newton discussed the proposed extension.
The public hearing was closed at 8:25 p.m.
MOTION2021-126
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the
following was proposed:
ORDINANCE 2021-0-016
Approving and Authorizing an Extension of the Cable Franchise with Verizon Virginia
LLC for a Period of One(1) Year
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: None
Vote: 6-0-1 (Nacy absent)
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
111 a. None.
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COUNCIL MEETING June 22, 2021
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Bagdasarian noted that he attended the Chamber of Affordable
Housing Public Policy Forum where he spoke with a number of bankers at the event that
seemed interested in lending opportunities for the C-PACE program. Mr. Bagdasarian stated
July 4th is the kickoff for the Town's Arts & Cultural District and COPA will host several
activities including an art mobile at the Virginia Village Farmer's Market. Mr. Bagdasarian
encouraged everyone to come out to experience and celebrate the arts and culture Leesburg has
to offer.
Council Member Cummings thanked the Town, the Loudoun Freedom Center and the
Loudoun NAACP for a great Juneteenth celebration. He noted he was out of Town and unable
to attend but saw lots of pictures and it looked like a great event. Council Member Cummings
wished everyone a happy and safe Fourth of July and that it was nice to be getting back to
normal with the parade and fireworks. Mr. Cummings commented that it has been six months
since he took office and feels as though Council has worked well together and shared his
comments regarding the Council's working relationship.
Council Member Steinberg disclosed that he had a meeting with Mr. Brian Cullen and
his team to discuss the Virginia Village project. Council Member Steinberg said he attended the
Burg Family's Juneteenth celebration at Ida Lee and while it was a small event, he envisions as
the years go by it will become a big event for the Town of Leesburg.
Council Member Fox shared her regrets that she had to miss the Juneteenth celebration
but she was at a wedding. Council Member Fox disclosed that she met with Mr. Greg Whitfield
about the Greenway Manor project in the Allman tract. Ms. Fox wished everyone a happy
Independence Day.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed that she and Council Member Steinberg met with Mr.
Brian Cullen and his team regarding the Virginia Village development. Mayor Burk
shared that she welcomed Abaco Strategy to Leesburg. She said it is a woman-owned
business in the HUBZone which hires primarily women who provide innovation
solutions for partnerships with customers. Mayor Burk attended a picnic hosted by
Equity Loudoun at Foxridge and thanked Chris Tuck for putting it together. Mayor
Burk stated she has spoken with Delegates Reid and Gooditis about Leesburg's funding
deficiencies. Mayor Burk noted she had a meeting with VML's Executive Director
Michelle Gowdy to discuss the upcoming VML convention plans noting that the
October VML convention will be held in Leesburg. Mayor Burk congratulated the Burg
Family Reunion Club and its President Irvin Greene for the fantastic Juneteenth
celebration and noted Council Members Bagdasarian and Steinberg also attended.
Mayor Burk stated she met new Loudoun Times Editor Mr. Cullen and noted she looks
forward to working with him to make sure all of Loudoun is aware of all of the events
happening in Leesburg. Mayor Burk wished everyone a happy Fourth of July and
hoped to see everyone at the parade.
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COUNCIL MEETING June 22, 2021
19. TOWN MANAGER COMMENTS
Mr. Dentler noted the end of the local emergency and repeal of the Continuity of
Government Ordinance which marks the end of a very long period since the pandemic
started in March 2020 dealing with COVID. Mr. Dentler complimented Council for its
leadership and thanked Town staff for doing a phenomenal job to deliver the services
that are expected on a day-to-day basis. Mr. Dentler said staff had to learn and evolve
and do things it never thought it would have to do. Mr. Dentler noted a positive that
came from COVID identified by the Interim Town Attorney and approved by Council at
tonight's Public Hearing was to collect the Meal's Tax on a.monthly basis versus a
quarterly basis. Mr. Dentler said the Town continues to learn from COVID. Mr.
Dentler noted he is also excited to see the Fourth of July activities return and reminisced
about how painful the decision was to cancel them a year ago. He thanked Council for
its continued support. Mayor Burk inquired about whether Boards and Commissions
could continue to meet virtually. Mr. Dentler and Mr. Spera said with the end of the
Emergency Declaration, Boards and Commissions will need to have a physical quorum
to meet and that the changes resulting from the end of the declaration would be
communicated to the Board and Commission members.
Council took a recess from 8:35 p.m. to 8:39 p.m.
20. CLOSED SESSION
a. Land Acquisition and Pending Litigation/Annexation and/or a Boundary Line
Agreement with respect to the JLMA
MOTION2021-127
On a motion by Council Member Fox, seconded by Council Member Steinberg, the following
was proposed::
I move pursuant to§§2.2-3711(A)(3), 2.2-3711(A)(7)and 2.2-3711(A)(8)of the Code of
Virginia that the Leesburg Town Council convene in a dosed meeting for the purpose of
discussion and receiving information regarding the potential acquisition of real properties for a
public purpose and consultation with legal counsel and briefings by staff members pertaining to
the pending litigation of Town of Leesburg et al v. Loudoun County et al, Loudoun County
Circuit Court No. 19-1768 where such consultation in open session would adversely affect the
negotiating or litigating posture of the Town;and consultation with legal counsel regarding
specific legal matters requiring the provision of legal advice by such counsel, and pertaining to
a potential annexation and/or boundary line agreement with respect to the JLMA.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Nacy absent)
Council went into Closed Session from 8:40 p.m. to 9:37 p.m.
Council reconvened in Open Session at 9:37 p.m.
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COUNCIL MEETING June 22, 2021
MOTION 2021-128
On a motion by Mayor Burk, the following was proposed:
In accordance with Section§2.2-3712 of the Code of Virginia, I move that Council certify to
the best of each member's knowledge, only public business matters lawfully exempted from
open meeting requirements under Virginia Freedom of Information Act and such public
business matters for the purpose identified in the motion by which the closed meeting was
convened were heard, discussed or considered in the meeting by Council. (ROLL CALL
VOTE)
The motion was approved by the following roll call vote:
Fox—aye; Steinberg—aye; Cummings—aye; Vice Mayor Martinez—aye;Bagdasarian—
aye;Mayor Burk—aye
Vote: 6-0-1(Nacy absent)
21. ADJOURNMENT
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the meeting was
adjourned at 9:38 p.m.
Kelly u ayor
Town of Leesburg
ATTEST:
.sCl ,
Clerk of Council
2021_tcmin0622
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June 22, 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.Ieesburctva.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 22nd, 2021 meeting of the Leesburg Town Council.
If anyone in the room needs hearing assistance please see the Clerk. Council Member Fox will lead the
invocation and Council Member Steinberg will lead us in the Pledge of Allegiance. Council Member Fox?
Council Member Suzanne Fox: Thank you. Father, we're grateful and we thank you for the ability to
assemble here tonight as a Council. We are also thankful for the rainfall and the moisture we've received
as most of our country is experiencing a severe drought.We're also thankful for the freedoms that we enjoy
and the constitutional protections we enjoy as Independence Day draws near. We enjoy these as US
citizens. Please bless us here on the dais with the wisdom to govern amid the conflicting interests and
issues of our times and a sense of the welfare and the true needs of our Leesburg citizenry. In confidence
in what is good and fitting for our Town and the ability to work together in harmony even when there is
honest disagreement.We ask these things in thy name.Amen.
Mayor Burk:All right, Mr. Steinberg.
Council Member Neil Steinberg: 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: Let the roll call reflect that all members are present with the exception of Council Member
Nacy.We have work session minutes from June 7th, 2021. Do I have a motion?
Vice Mayor Fernando "Marty" Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Second?
Council Member Ara Bagdasarian: Second.
Mayor Burk: Seconded by Council Member Bagdasarian. All in favor indicate by saying, aye.
Council Members:Aye.
Mayor Burk: Opposed?That is six, zero, one. Regular session minutes of June 8th. Do I have a motion?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second?
Council Member Zach Cummings: Second.
Mayor Burk: Council Member Cummings.All in favor indicate by saying, aye.
Council Members: Aye.
Mayor Burk: Opposed?That's six,zero, one.
Council Member Fox: Madam Mayor, I need to abstain. I was absent from that meeting.
Mayor Burk: Oh, okay. That's 5-0-1-1.All right.
Christopher Spera: [unintelligible].
• Page 11 June 22, 2021
Mayor Burk: We have one absent and one abstain. Okay. Adopting the meeting agenda, do I have a
motion?
Vice Mayor Martinez: So moved.
Mayor Burk:Vice Mayor Martinez. Second?
Council Member Bagdasarian: Second.
Mayor Burk: Second? Okay, Council Member Bagdasarian.All in favor indicate by saying, aye.
Council Members:Aye.
Mayor Burk:Opposed?That passes 6-0-1.We have no certificates of recognition or proclamations tonight,
but we do have an annual report from the Tree Commission. I believe Mr. Hower is here.
Earl Hower:Thank you. Good evening, Madam Mayor and members of the Council and noted staff.Again,
thank you for this opportunity to report the work that the Tree Commission performed during 2020, excuse
me. First I'd like to recognize those members of the Commission who are not here tonight, but particularly
we have new members Elizabeth Welch, Phillip Marshall, Tom Adams. Also, long-standing member John
Groothuis, Patricia Hatfield, and Ron Platt.What am I doing here? Help me out, Kaj.
Kaj Dentler: The red.
Earl Hower: Okay. I knew you'd help me. For those new members of the Council, the Tree Commission
was established and approved by the Council in 1995 to provide leadership and advice on obvious matters
related to trees including, of course, the enhancement, expansion, and preservation of the tree canopy. I
could assure you that those members of the Commission are dedicated to tree preservation and planting
with the intent to provide healthy diverse tree canopy and that so the trees in our community can provide
and continue to provide the many benefits to enhance the quality of life for those who reside, visit, shop
and travel through Leesburg.
As was the case for so many of us during the pandemic, our lives and the way we govern were totally
disrupted. For the Tree Commission, our ability to meet in person was initially limited.There was no Flower
and Garden Festival which meant no tailing event to educate the public and tree giveaways and related
public service announcements that we do annually. Likewise, the disruption of the public schools meant
that no local 4th Grade Forester Program nor the annual tree planting, the Arbor Day Tree in school was
conducted.
However,there were a few limited numbers of completed tasks that the Commission was able to complete.
We revised and reprinted the new Tree Walk of Historic Leesburg brochure. The reason for the revision
was due to two losses of trees on the tour,that we were able to successfully find nearby replacements and
revise and reprint. This tree walk tour will soon become part of and found on the Tour Leesburg app.
On a small footnote, we lost another tree since then due to the infamous tornado of February 2020.
However, we're working with the landowners to replace this very unique tree specimen. As I mentioned
before,we were not able to conduct the annual Arbor Day Tree planting at a local school. However,we did
plant a tree and dedicated the tree to 2020 Arbor Day Tree at Raflo Park. I'd like to also further recognize
Tyler Wright, our Urban Forester because his innovative efforts to get funding and transplanting many of
the large street trees that were from the Battlefield overpass construction project, saving many of them
from destruction to various sites in Town.
This included this particular one tree, this large white oak that we planted at Raflo Park. As you'll notice,
all members of the Commission are six foot apart and wearing their masks.
Finally, it's been 30 years plus in the making.We are now displaying Leesburg's Tree City USA recognition
signs at several gateway locations. Thanks again to the Town Street Division sign crew for their nifty
customization of these signs, and there'll be more to come in the near future.
Page 21 June 22,2021
During the latter months of 2019 and utilizing the Virginia Code to guide this effort, the Tree Commission
managed several meetings and worked weekends to review current development recommendations for
amendments to the Planning and Zoning Ordinance Article 12. In early 2020, prior to the pandemic
shutdown, these recommendations were submitted to Town staff. We are awaiting their thoughts and
considerations. More to follow on this and hopefully soon.
Also started early pre-pandemic 2020 and motivated by recent changes of large tracts of forested land
within the Town limits, we began a major research project. A Ten-Year Tree Canopy Health Assessment
Report, as we would like to call it, will highlight the statistical analyses, aerial maps, and other details
highlighting the changes over the course of a decade, both losses and gains. It will be further an extension
of the Commission's previously Council-approved Urban Forestry Management Plan with updated
recommendations to manage and mitigate losses.
Also note that we're very fortunate through Tyler Wright and his connections at the Loudoun Academy,the
GIS program that the school are assisting us in this effort, and we'll be able to utilize young talent there in
developing this report. With the Council's continued support and funding tree-related efforts, staff, and
protection of trees in the Town and with the existence of the tree-governing board, known as the Tree
Commission, and with staff again gathering the necessary information, the Town of Leesburg again
qualified for a continued 31st annual recognition of Designated Tree City USA.
Lastly, on a side note, as part of the Tree Commission's members'community service,the Commissioners
volunteer their time and in some cases their personal funds,to maintain the raised gardens located in the
prominent Adopt-A-Spot at the junction of East Market and Loudoun streets. Recently the Town upgraded
and enhanced the lower level and the Commission is now taking on the dryscapes that are found at this
location for all to enjoy.
As the Tree Commission continues our work from now and into the future, we thank you again for the
opportunity to serve the Town of Leesburg.
Mayor Burk:Well,thank you. Thank you very much for your report and thank you for all the work that you
do. The Tree Commission is the kind of an unsung quiet group, but when you look every month, we get a
report of all the commissions and what they're doing and it's always amazing what the Tree Commission
accomplishes in the month. It's a very active and very involved Commission and we really appreciate all of
your hard work and thank you very much.
Earl Hower:Also if I may, I meant to introduce Tyler Wright again. He's been our staff liaison. He's got an
amazing background and been very helpful for all of us, as you probably already know, and we appreciate
his hard work as well. Thank you.
Mayor Burk:Thank you.
Earl Hower: Thank you.
Mayor Burk:Thank you very much.All right,that takes us to our regional reports. Does anybody have any
regional reports at this point? I just have two short ones. The NVTA met on June 10th and Chair Randall,
explained that there was a lot of approvals on the agenda so to keep everyone's comments short, and all
the items concerned for funding from other local projects other than Loudoun and Leesburg so the meeting
was very short. Congratulations to her, that doesn't happen very often.
NVRC,the Northern Virginia Regional Commission met on June 21 S'.We have a phone call with the mayors
and chairs every Monday.The one yesterday had the Health Department leaders from the Northern Virginia
area. The vaccination rate in Virginia is over 70%. Most of the localities in Northern Virginia have gotten to
a vaccine rate of 60% or better, and Loudoun has a rate of 75.4 for one shots. All the directors expressed
concern with a new variant coming out into the region. It's very contagious, and they expressed concern
for those who not vaccinated.
They also said that the vaccines are protecting the vaccinated from this new strain. They are still working
to get people vaccinated and stated that there might need to be a booster shot sometime in the future, but
as of right now,all the research indicates that people that are vaccinated are safe and continue to be safe.
Page 3I June 22, 2021
The bottom line is, please get vaccinated as soon as you can to protect yourself and others. They also
stated that the summer is a time when the virus becomes a little less contagious, and a bit dormant, but
that when fall comes, it comes roaring back but everybody's been indoors and there's a big uptick in cases.
If we can get people vaccinated before the fall, it would benefit all of us.
All right, then that leads us to our Petitioners' section. 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 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 and
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. The Council is now able to hear from
members of the public remotely. Once we have heard from everyone who is present in the room, we will
hear from the members of the public on the phone or WebEx. The first name on our sheet that will come
up to the mic to speak is Mr. Mike McLister.
Mike McLister: I could've used the Tree Commission guy. I fell out of a tree and broke my shoulder.
Mayor Burk: You didn't fall out of a tree. Did you really?
Mike McLister: Yes. What we do for our kids when they move back into town. I just wanted to come by
and clarify last night. I know there was some communication issues last night for the public to watch and
that happens. That came from me and zoning,talking about ways not to try and fill vacant office spaces or
whatnot, but it's a way to try and capture the phenomenon that is happening that COVID has taught us that
is going to continue and that's called Live/Work space.
We really have two designations in our zoning ordinances. Those were written in the 60s and 70s when
we had 3,700 people or 4,000 people and now we have high 50's. Because there's no zoning ordinance
for live/work,there has to beat the fall under either commercial or residential. If we wanted to try and create
live/work space,we fell under residential. As we know that there's very blurry lines today between live and
work, but that's why those zoning ordinances were proposed to be changed.
The intention wasn't to create multi families and whatnot. It was to create and capture the phenomenon
that's upon us for our Town going forward. As many believe, it's not going away. It also provides a place
for a diversity of incomes to live and work.A diversity of ages to live and work amongst us. I would suggest
that as we go through the Legacy Plan, as we look at our current Town Plan,that we should probably take
a look at an ordinance called live/work, that there should be something in there that says these are the
requirements for that area because it's not going away.
I think it's going to be even more popular. B-1 has always had a mix of uses. It is today. It is tomorrow.
What we were talking about was multi-use, will be multi-use and it gets a lot of the things that we've all
talked about that we want. Certainly, it brings the Town more revenue. Certainly, it brings more
professionals in Town, but it also gets us green.
Any time you're going to do a rehabilitation project or a re-purposing project or a re-investment project, it's
going to be green. I heard last night before the communication went out a lot about the PACE program. It's
very good. It's very good and our plans have to do with water conservation, better HVAC, both heating and
cooling, better dry walls, noise cancellation. It's all there.The PACE program is more of a financial vehicle.
A loan type of vehicle. But the concept of going green, it would be tremendous that our Town can tell
Frederick or Herndon or Fairfax or anybody look what we're doing. We're capturing and we're moving in
the direction of live/work space. To clarify, that's why those zoning ordinances written in the 60s and 70s
had to be cleaned up. It wasn't intended for multifamily types of things. It was for live/work, and there just
is no zoning ordinance for that.
Mayor Burk: Thank you.
Page 41 June 22, 2021
Mike McLister: Anybody who has any questions I'll give some cards up here and feel free to give me a
call. Thank you for your time.
Mayor Burk: All right. Thank you, Mr. McLister. There was nobody else signed up on the list. Is there
anybody on the phone or on WebEx?
Keith Markel: Madam Mayor we do have one member of the public who's called in this evening.
Mayor Burk:All right.
Keith Markel: Caller, I will unmute you and you will have five minutes to speak, and when you hear the
beep, if you would state your name and address for the record.You are unmuted.
Caller: I have no comments. Thank you.
Keith Markel: Thank you.
Mayor Burk: All right. Is there anybody in the audience that would like to speak that didn't have a chance
to speak previously?That being the case,then I will close the Petitioners' section at this point, and we will
move on to the Consent Agenda. We have a number of items on the Consent Agenda. Let me read them
and then I will ask for a motion. I'll ask if anybody wants anything removed and then I will ask for a motion.
The first one is 12.a.which is a Continuing Public Hearing to Award Small Cell Franchise to July 27th,2021.
B is the Supplemental Appropriation for Fiscal Year 2021 of Federal Aviation Agency CARES Act Airport
Grant Program Funding Award.
C is the Authorization Encroachment Agreement with the Exeter Homeowners Association. D is the
Amendment to the Community Development Block Grant Cooperative Agreement with the Loudoun
County. E is the Town Green Renovation Project Construction. F is Terminating Declaration of Local
Emergency Enacted during COVID-19 Pandemic. G is Repealing the Continuity-- Well, how do you say
that word? Continuity. Thank you-of Government Ordinance Enacted during COVID 19 Pandemic and H
is the Administrative Review of COAs and that was what we talked about last night.
Is there any item that anyone wants taken off the Consent Agenda?All right. Do I have a motion to accept
the--
Council Member Martinez: So moved.
Mayor Burk: So moved by Council Member Martinez. Seconded by? Council Member Fox. All in favor,
indicate by saying aye?
Council Members:Aye.
Mayor Burk: Opposed? That's 6-0-1. That takes us to our public hearings. Our first public hearing. I call
to order this June 22nd, 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 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 the opportunity to speak.
We will also provide remote public participation for callers on the phone or on WebEx. In all cases, please
identify yourself and if comfortable, give your address for the taped record and please spell your name for
closed captioning. In the interest of fairness, we also ask that you observe the five-minute time limit. For
those participating in person and on WebEx,the green light in front of you will turn yellow at the end of four
minutes, indicating that you have one minute remaining. At that time, we would appreciate you summing
up and yielding the floor when the bell indicates that your time is expired.
For those participating on the phone, you will hear a bell when your time has expired. Under the rules of
order adopted by the Council,the five-minute time limit applies to all citizens. However, rather than having
numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the
Page 5J June 22,2021
group a few extra minutes. In that instance, we would ask speakers when they sign up to indicate their
status as spokesperson, the group they represent, and a request for additional time.
Our procedure for the first public hearing is as follows. First, there's a brief presentation by staff about the
item before us. Second, there will be a brief presentation by the applicant and third, members of the public
that have signed up to speak will be called and given five minutes for their comments.The hearing item on
tonight's agenda is for TLZM-2020-0002 Floor and Decor and this is Mr. Parker.
Scott Parker: Good evening, Madam Mayor, Members of Council. Scott Parker from the Planning staff.
Get the glasses on, and let's get going. I can see the screen. All right, tonight we have TLZM-2020-0002.
This is Floor and Decor and this application is at 950 Edwards Ferry Road. This is the old Walmart site.
This is the site that we're all familiar with in this part of Town. This is another look at the site and it shows
all the different uses that we have here at this location,which includes various retail shops,fast food shops,
as well as the County-owned Shenandoah office building.
The application this evening is 5 acres of their 11-acre site. What we have here shows the limits of the
rezoning,which is the five acres.The balance of the site,white here is the balance of the 12-acre site. This
rezoning, which is a proffer amendment and a concept plan amendment only applies to the five-acre site
as outlined on this particular sheet. Take you through a quick tour of what we've already seen in the past
before this is the front of the Walmart, building from the front. On the left is another angle.
On the right is the garden center,which is going to be removed and have a customer service area placed
there,that will be depicted a little bit later in this presentation. This particular view is facing Edwards Ferry
Road from the parking lot,that kind of a death-race 2000 type of ingress-egress that they have there.Then
this is the other view is from 15. Yes, I was stopped in traffic when I took it. I did not take this while I was
driving.
This is the Heritage Way frontage. There is a retaining wall and a lot of mature trees along the Heritage
Road frontage.You can't see the site really from Heritage Way, and there is a truck access to the site from
Heritage Way in the back of the trucks traditionally have gone in and out, with a widened driveway in the
back and you can see the garden center up to the right, which is going to be removed. There is going to
be pedestrian access built by the applicant from this customer service area down to Heritage Way to
provide more pedestrian access.
This is the view behind the old Walmart site up against Fox Chase. This is a rear buffer that exists there
between a fence, landscaping, and then the distance between the old Walmart site. This is a buffer on
Route 15 that I will mention a little bit later when I refer to modifications for the site. Again, this is more of
a close up of the location. You can see the distance between Fox Chase to the rear as well as it relates to
the Walmart building. Of interest, to the lower right, you will see a red square around the retail that is
attached to this building. Because of the age of this particular property,we don't do this anymore, but that
is its own parcel.
It does not have its own parking on this part. It is part of a private agreement where parking for that parcel
is provided by the Walmart site. A parking agreement, a shared-parking agreement is part of this
application this evening, although it's approved by the LDL, I will get to that in a moment. Again, another
picture of a Route 15 buffer.With the existing zoning, this site is zoned B-3. It's already zoned B-3, except
for the portion that the County owns,which is zone 0-1.This was zoned B-3 in 1990 with a comprehensive
rezoning.
It's one of the only B 3's that's considered in the Downtown.The proposed area is B-3. It's community retail
commercial. It's within the Gateway District, so all improvements that are being made to the facade of the
building will be approved and subject to BAR approval.
This particular site is subject to proffers from 1981. It's a former B-2 zoning on this site.As I stated, it was
rezoned to B-3 in 1990. Although the B-3 allows lumber and building material sales, it is specifically
proffered out of this and it was allowed in the B-2 as well, but it was proffered out of this site in 1991.
Basically, it's allowed, but proffers prohibit it.
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The proposal this evening is to remove the proffer prohibition on lumber and building materials sales, allow
B-3 uses either permitted or special exception. The applicant is also proffering out,which means excludes,
uses that include a funeral home, outdoor storage, the temporary that's a telecommunications testing
locations for cell sites, clubs, and commuter parking lots. There are two modification requests for this
evening. The first one is related to buffer yards adjacent to limited-access highways and the second is
related to the number of off-street loading spaces.
With the buffer yard adjacent to limited access request,there's a 75-foot buffer required under the current
ordinance. This site complied with the existing ordinance in effect when it was approved, but there is
physically no room for 75 feet under our B-3 ordinance. The applicant is committing to 5 evergreen trees
and 10 shrubs via proffer to enhance this.This is that location I was referring to there.This particular buffer
will be enhanced for the building,with the evergreens and the canopy trees.We've worked with landscaping
and our landscape folks to ensure survivability.
The second is about loading spaces. There are five required for a building of this size. There are two
existing now. Staff believes that addition of two more or three more would be very disruptive to this site.
There's really no physical room. We do have proffer commitments from the applicant related to delivery
hours. They will not be delivering overnight. They can only have deliveries from 6:00 AM to 10:00 PM.
They're also proffering that they are going to have their trucks sent to the site by a central distribution facility
and that to prevent stacking and to try to help with the number of trucks, although it is anticipated, there
will probably be less trucks required than Walmart had. The applicant can go over that further when they
give their presentation.
This is a picture of the loading docks that currently exist for the site now. Staff has recommended approval
of this for this particular use. We had some waivers that were granted for the submission. They included
traffic impact analysis, grading. They both exist on the site. The building elevations and the lighting plan
were subsequently submitted as we reviewed. They are part of the package now. That was just for
submission.
Again, with the proffers, they allow building materials sales, permissible B-3 rights by special exception
and by-right, they're eliminating specific uses. The proffers will be applicable to the entire 11-acre site.
There has been an offsite proffer exhibit included.As I stated before, they're eliminating specific uses and
they are committing to various site improvements.
Site improvements is our stop signs where Taco Bell and IHOP meet Edwards Ferry. Four landscape
islands. It's going to better define the ingress-egress where it got very confusing in there sometimes. It's
going to improve safety and traffic flow and enhance the area. There are three missing trees on Heritage
Way that are being replaced. There are 9 canopy trees and 92 shrubs that will be provided between the
parking lot and Route 15. That's in addition to the trees that I just mentioned as part of the modification
requests.
This is the proffer exhibit that I'm referring to. This has full effect and isn't enforceable and it is included
with the proffers although this area is not included in the request for the rezoning. It's been a long
application.There was a lot of negotiations between the applicant and the owner of the particular property
but we find ourselves here now. The planned land use is a mixed-use neighborhood and is zoned in the
Downtown. It's in the central planning area, Gateway District. The application does comply with the Town
Plan.
The creation of a new customer service pickup area is in the vicinity where the garden center is. They are
amending the parking lot and removing the cart return areas.There's an ADA connection to Heritage Way,
amending landscaping.They're also building a masonry and wood fence screen for the dumpster enclosure
east of the site in the area of the modification. There'll also be paint and facade improvements. There are
262 parking spaces required for this application.
Two hundred and eighteen for Floor and Decor,44 for that attached retail I stated. There are 576 provided
on-site. There's a shared-parking agreement that is proposed for the attached retail. That agreement is
instituted by the land development official subsequent to Town Council approval of this application. There
is adequate parking on the site to accommodate this. These are the elevations that the applicant is
Page 71 June 22, 2021
proposing. They'll be paint some facade improvements, the BAR will have to look at. This is a design
access where trucks ingress and egress the site from various areas.
Typically,they will come along Heritage,come around the back, back into the docks and go out to the other
way. The only--where the garden center was is the CPU loading area. That means customer pickup area.
That is a perspective of what that's going to look like,as well as the dumpster enclosure,the dock elevation,
et cetera. All the criteria of a rezoning approval have been met with this application. There are no
outstanding issues and staff recommends approval.The Planning Commission recommended approval on
a unanimous vote of 6-0-1 June 3rd, 2021. The findings are in compliance with the Town Plan, et cetera.
Here are the suggested motions. That concludes my presentation.
Mayor Burk: 17 minutes, seconds I don't know. Thank you, Mr. Parker. That was a lot of information in a
very short period of time. Thank you.
Scott Parker: I think I got it all too.
Mayor Burk: Are there any questions from Council members? Mr. Steinberg?
Council Member Steinberg: Scott, the screening as mentioned in the staff report, and you showed the
fencing and the buffering along the rear, is that board on board fence going to remain or is it being
replaced?
Scott Parker: The board on board fence will remain.
Council Member Steinberg: All right. You also mentioned in your report the Gateway. How do you see
this as being relevant or fitting into the Gateway?The Edward's Ferry Gateway?
Scott Parker: This was an existing site that was added into the Gateway District and basically what that's
going to do is put BAR oversight to the facade improvements for this particular application. This is the
primary.
Council Member Steinberg: All right. Fine. Then you also mentioned the lighting plan. Are you saying
that the lighting will come more in conformance with current lighting standards? Is there going to be a
substantial change in the lighting in the lot?
Scott Parker: They are adding some lights--Let me start by saying that the lighting that they do have there
they are using the existing lighting poles,and they're fixing broken ones,et cetera. It does mean it complies
with our ordinance as it exists today.
Council Member Steinberg: As exists today?
Scott Parker: Correct.
Council Member Steinberg: Thank you.
Mayor Burk: Miss Fox?
Council Member Fox: Thanks.Just a couple of questions.The design standards, it is Gateway. I've seen
pictures of different Floor and Decor buildings in different areas. Does this mean the design standards
would be different in those buildings?
Scott Parker: I would presume that would be up to the BAR. What has been submitted is a typical Floor
and Decor design that they have for the building signage is included in that as well. All signage with this
application is not applicable, that has to meet a separate ordinance. I am going to presume that the BAR
that's in their purview as to how the different corporate aspect of the colors assigned et cetera is addressed.
Page 81 June 22, 2021
Council Member Fox: Okay. The other question, I really didn't have many I thought this was a pretty tight
application, but the loading spaces modification, I do have one question on that. I read through Section D
on page 171. It seems to me that if this space needed five bays for loading and unloading, but Walmart
didn't have them did they get some exception when they had the store?
Scott Parker: I do believe that that was not a requirement at the time that this particular building was built.
Council Member Fox: I see.
Scott Parker:We have a significant number of modifications for loading space numbers with the different
applications that we have for.We did an analysis of what retail trucks for Walmart would have as compared
with this, but based on the applicant's information, the distribution that they have of sending out the trucks
from a facility to mitigate stacking as well as not anticipating as many as Walmart typically had combined
with the proffer commitment to not have overnight deliveries was satisfactory for recommendation of
approval.
Council Member Fox: It does sound satisfactory. I just was looking through the statement of justification
and it said something about granting a waiver for loading space requirement when the use does not require
the goods, merchandise or equipment routinely delivered or shipped to or from the subject use by either
an American Association of State Highway Transportation Officials. That sounds an organization to me. Is
that some sort of union agreement?
Scott Parker: I don't know the answer to that question.
Council Member Fox: I'll ask them.All right, that's my questions. Thank you.
Mayor Burk: All right.Anyone else at this point? Thank you, Mr. Parker.Appreciate it.
Scott Parker: I'd have made it if I hadn't drunk water.
Mayor Burk: Sure. Keep working on it, honey. There'll be a brief presentation by the applicant.
Brad Lauth: Hi, good evening. Madam Mayor, members of the Council. My name is Brad Lauth. I'm with
CenterPoint Integrated Solutions.We work with Floor and Decor very closely on their nationwide program
around the country, and very excited to bring the next one to the Town of Leesburg. One of the things Scott
for his presentation was very thorough and positive, so I appreciate that, Scott. A little bit of background
on Floor and Decor. The first store opened in 2000 and as at 2021, there are 140 stores in the United
States across 32 Metro Markets. The closest stores to the Town of Leesburg,there's one in Gaithersburg,
Maryland, and Alexandria, Virginia.
You heard Scott mention the distribution center. The closest one here is Baltimore, so about an hour and
a half,which helps out a lot with the truck deliveries. Each Floor and Decor store typically stocks about 1 M
square feet of products. It's a store where you can walk in with a project in mind and feel competent that
you can pick up the entire material for that project in one trip. They typically generate between 50 and 60
employees with 70%of those being full-time employment.Also,they generate approximately 70%of sales
from homeowners and 30% of sales from professionals.
It's a store where the everyday homeowner can come in and pick up a small bathroom remodel or a kitchen
remodel project, but also where a small residential contractor can come up and pick up the entire project
that they need. Looking at a different site aerial view, again, 950 Edwards Ferry Road, the old Walmart
building. These are just a couple additional shots. The existing entrance for Walmart, it's going to remain
in the same location, but it will be enhanced and upgraded to a more modern look and in line with the Floor
and Decor brand. On the bottom right picture is the old garden center.
That's going to be demolished and I will go through the elevations with you it in a moment to show you that
the customer pickup area is going to be in place of that garden center.These photos are at the back of the
building. The one on the left is the back drive lane. That will be the main truck delivery route. It's going to
be the same path that the Walmart truck deliveries followed. Coming off of Heritage Way, around the back
Page 91 June 22,2021
of the building and into the two existing loading docks. Scott had touched on truck deliveries and he is
correct, and that this will be a much less in the quantity of trucks that are going to be seen on site per day.
Typically, Floor and Decor delivers between five and six days a week, and anywhere between four and
eight trucks a day maximum. It's not going to be a constant in and out of trucks and that's based on the
store needs and the production and peak times and things like that.Again,with the close distribution center
being only an hour and a half, they're able to schedule these trucks to where they're set up on a schedule
during that particular day to where they're not stacking out on to Heritage or Edwards Ferry or any of that.
These are a few pictures of the interior. It does need a lot of work.What Floor and Decor is excited about
is the new shop-in-shop concept. It's going to be a more enhanced design studio. It's going to be where
you can meet with a consultant and really go through a lot of details on your project and get some good
advice. They're excited about that new concept. This is the proposed site plan. This shows both the"off-
site improvements"that are not part of the zoning application and also,what is part of being rezoned. Scott
had mentioned the ADA access,which is in the bottom left. That's going to provide a pedestrian accessible
way to get to the front of the store.
The garden center again is being taken down and you can see the upgraded parking in that area. Then
the other site improvements are going to be the landscape islands that we'd talked about making a more
accessible route for traffic flow and things like that. This is the front and rear elevation. The front again,the
entrance is staying in the same location and being upgraded to a more modern look. The rear elevation is
staying the same, except we are having to add some egress points for fire access.
I did hear a question about how this fits in to the Gateway. We have gone through initial reviews with the
Architectural Review Board.They did make one request that we remove the red coping that was proposed
on the top of the building. We have complied with that and submitted revised elevations and our hearing
with them is tomorrow evening. This is the two side elevations. The biggest item to note here is the CPU,
which is customer pickup loading area.
We created these perspective views to show you exactly what that's going to look like because it is a
partially recessed area. This is an area where if more of a professional or a larger order does need to be
picked up,they can back their vehicle to this area and it's forklift accessible, and all of that material can be
loaded directly into their vehicle. It's partially weather enclosed and things like that. It's been upgraded
through the years of the Floor and Decor operations with this new partially recessed model.
This is a general floor plan. I know it's hard to see what's going on here. Up on the top right is that design
studio the shop and shop concept. Other than that, the Floor and Decor store, if you have not been in one
are very open concept.There's a lot of room to walk up and down the aisles and all of the product is stocked
on the sales floor. In the back, which is the top left is a small office package for the employees. With that,
that's my presentation.We have a full design team and development team here for any questions.
Mayor Burk: Thank you. Thank you very much. Did you state your name for the record?
Brad Lauth: I believe I did. My name is Brad Lauth with CenterPoint Integrated Solutions.
Mayor Burk: I couldn't remember. I just want to make sure we had it.Are there any questions? Ms. Fox?
Council Member Fox: Yes,just a follow-up question on the loading docks. The waiver that you're asking
for, is that permitted?Because if you use a certain vehicle design or vehicle drivers--I'm just trying to figure
out if any of this could change and you would actually have to add the docks.
Brad Lauth: Like I had mentioned at the beginning, Floor and Decor has 140 stores at this point around
the market, and they're very in tune with how many loading docks they need, and how many trucks are
coming in per day and throughout the week.They typically don't even see more than one occupied at one
time. They really could, most of the time get away with one. The only reason they wouldn't need two is if
there was an overlap on the unloading-loading of two trucks, but they're typically only going to be using
one of those.
Page 101 June 22, 2021
Council Member Fox: I understand that but what I'm reading here is there's some sort of, I guess,
requirement in place. I understand what you would need and not need but it seems like there's a different
standard out there for that requirement.
Brad Lauth: [crosstalk] used-based item and how many would be required for a retail use in the B-3
requires based on square footage a number of loading docks.
Council Member Fox: It has nothing to do with the trucks whatsoever then coming in.
Brad Lauth: No.
Council Member Fox: That's what I understand but thank you.
Brad Lauth: It's just a zoning ordinance requirement.
Council Member Fox: All right. Thanks for clarifying that. I appreciate it.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez:Thank you for being here and your presentation. First thing I want to talk about was,
you mentioned going in front of the BAR and about signs and the color and stuff. Could you expound a
little more on that, what are you going to be doing?
Brad Lauth: Signs are actually going to be part of a different application, so we are really just going in
front of the BAR for the facade changes tomorrow evening.
Vice Mayor Martinez:The colors,or the first slide you showed of your building,that's going to be a different
facade?
Brad Lauth: No. This is what the main entrance will look like on this particular project. The item that the
BAR did have a question about is what you can actually see in this picture, is the red coping at the very
top of the building runs along. They did they did not want that and so we have since changed,that it's just
not updated in this picture.
Vice Mayor Martinez: That's your typical franchise signage?
Brad Lauth: That is what a typical Floor and Decor would look like.
Vice Mayor Martinez:This store,where does it the rank in the typical sizing of your stores as far as square
feet? Is this a medium-sized store, large?
Brad Lauth:This is a bit larger than if we were going to build it from the ground up. Ground up the building
would be about 80K square feet and this is about 97K.
Vice Mayor Martinez: It's larger than what you typically do then?
Brad Lauth: Correct,which I believe is one of the reasons why we were able to do this new shop-in-shop
concept and test it out in a larger format.
Vice Mayor Martinez: Where's the distribution center from?
Brad Lauth: There closest one to here is in Baltimore.
Vice Mayor Martinez: In Baltimore.
Brad Lauth: But they have multiple distribution centers around the country to service the different markets.
Page 11 l June 22, 2021
Vice Mayor Martinez: Great.You showed a loading where the customers can come by and where is that
actually? Is that on the side of the building or?
Brad Lauth: Yes. That is down the bottom left.Where the old garden center is, it's going to be removed,
and that area is going to be reconfigured into the customer pickup area.
Vice Mayor Martinez: Okay, but you won't see the loading area, you'd have to drive around into it?
Brad Lauth:You would see this side of the building, and you would see that side if you were on Heritage,
but again,the Heritage Way has a lot of mature trees that will blocked that view.
Vice Mayor Martinez: The loading is going to face Heritage Way, not the parking lot?
Brad Lauth: It is.
Vice Mayor Martinez: Okay.
Brad Lauth: This is a smaller loading. It's not really a loading. There's not going to be big tractor-trailers
back there. It's going to be pickup trucks and things like that.
Vice Mayor Martinez: Right. I just wanted to make sure that because I know that we won't go into that. I
want to thank you for your presentation. I see you went through the Planning Commission so far. Thank
you. I look forward to supporting it.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg:Just one. Does Floor and Decor itself offer a delivery service for its customers
or do the customers themselves come and pick up?
Julie Starzynski: Hi, Julie Starzynski. J-U-L-I-E S-T-A-R-Z-Y-N-S-K-I.
Mayor Burk: Thank you.
Julie Starzynski: I am Director of Construction Design and Entitlements at Floor and Decor. Right now
nationally, we are looking to do that. Each individual Floor and Decor location does have an opportunity to
go out and find a delivery service in their local area but we're trying to nationalize it just to leverage our
buying power and our usage.We are looking towards that. Yes.
Council Member Steinberg: When we consider that, would that delivery service then be using the
customer pickup service as opposed to loading docks and then the traffic that generates would be in the
form of smaller vehicles, I presume as opposed to your--?
Julie Starzynski: Yes, it would either be coming directly from a store, depending on the quantity. Other
than that, it might actually be coming from the distribution center. It would come from the distribution center
to the person's home itself.
Council Member Steinberg: I see. Ok. Thank you.
Julie Starzynski: You are welcome.
Mayor Burk:All right.Anyone else at this point?Okay.Are there any speakers in the audience that would
like to address us at this point? No. Is there anybody online that would or on the phone?
Keith Markel: Madam Mayor we have one caller on the line here and I will unmute you now. You'll have
five minutes to make your comments.
Caller: Thank you. I have no comments.
•
•
•
Page 121 June 22, 2021
Keith Markel: Thank you.
Mayor Burk:All right. Then, if there's nobody from the audience that would like to speak at this point,then
I will close this public hearing. Is there any additional questions from anybody? Mr. Martinez?
Vice Mayor Martinez:Well, I'm just ready to move the motion.
Mayor Burk: I just wanted to make the comment that it is--while ideally we recognize that that area really
needs a food store, we can't dictate that. We are delighted that this project is going in there that it will no
longer be an abandoned site and that, as we know, those sites, they're dark and things can happen back
there.We're glad that you're moving in there. Mr. Martinez, do you have a motion you would like to make?
Vice Mayor Martinez: I move that the rezoning application TLZM-2020-002, Floor and Decor,be approved
on the base that the rezoning meets the approval criteria of TLZO Section 3.3.15, and the proposal will
serve the public necessity, convenience, general welfare, and good planning practice.
Mayor Burk: Is there a second? Second, Council Member Steinberg. Any comments at this point? Mr.
Cummings?
Council Member Cummings: Yes, thanks. Just a quick comment to echo what the Mayor said. I'm going
to be supportive of this tonight but I am concerned for that area of the Town becoming a food desert. The
closest grocery store is about a mile away, walking about 20 minutes, a worst-case scenario, someone
tries to pass over the bypass to get to another grocery store there that's over a mile away.
While I'm supportive of Floor and Decor, and I know it will provide a lot of great benefit for the residents, I
would hope that in the future we will see someone come forward trying to bring some groceries to the
residents in that neighborhood to help eliminate that food desert. Thank you.
Mayor Burk: All right. There's a motion and a second. All in favor, indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed?That passes 6-0-1. Congratulations and welcome to Leesburg.All right.We have
a second public hearing. Our second public hearing-- Excuse me. I will call to order, our June 22nd, 2021
public hearing of the Leesburg Town Council. Unless there is an objection, I will dispense with the reading
of the advertisement. If you wish to speak, we ask that you to either sign up on the sheet in the hallway
outside Council Chambers or if you did not get the opportunity to sign up,we will give you the opportunity
to speak.
We also provide remote public participation for callers on the phone in the WebEx. In all cases, please
identify yourself, if comfortable, give your address for the taped record, and please spell your name for
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 in front of you will turn yellow at the end of four
minutes, indicating that you have one minute remaining, at that time, we would appreciate your summing
up and yielding the floor when the bell indicates your time has expired.
For those participating on the phone, you will hear a bell when your time has expired. Under the rules of
orders adopted by this Council, the five-minute time limit applies to all. Rather than having numerous
citizens present remarks on behalf of a group,the Council will allow a spokesperson for a group a few extra
minutes. In that instance, we would ask speakers when they sign up to indicate their status as
spokesperson,the group they represent, and their request for additional time.
Our procedure for the public hearing is as follows. There is a brief presentation by staff about the item
before us.Second,members of the public that have signed up to speak will be called and given five minutes
to make their comments. The public hearing on the agenda tonight is for Batch Amendments to the Town
Code. Who is doing this presentation? Oh, hello.
Christine Newton: Hello. I'm going to split this presentation with Lisa Haley. Let's see. We're going to do
the easy ones first. Generally, purposes of the batch amendments to conform the Town Code to the current
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state of the law,to update procedures to conform to current policies, conform the Town Code to other Town
ordinances and regulations, clarify and refine business processes, and correct errors or unclear sections
for staff and the public. Our first one is related to the Homestay Airbnb that you all adopted back in October
of 2020.
There are use standards for homestays and one of them is a requirement that the homestay provider obtain
and maintain a business license. Unfortunately, in our BPOL portion of the Town Code, the definition of
hotel, motel, motor lodges, we listed almost everything we could think of back in the day but the definition
of homestay doesn't neatly fit into that other group of uses. So this proposed amendment will make it clear
that homestay providers are required to obtain a Town business license so that the BPOL provisions of the
Town Code are consistent with this homestay provision in the zoning ordinance.
On street names, back in 2004, we changed the Subdivision and Land Development Regulations, so the
Planning Commission is no longer required to review subdivision plats or street names. At that time, the
corresponding street naming provisions in the Town Code didn't get updated to remove references to the
Planning Commission.
This is a cleanup which will amend two sections, section 30-89, actually, that one will add a reference to
the Director of Planning and Zoning or designee instead of naming the Planning Commission, and then in
section 30-91,we're going to remove a reference to the Planning Commission later changing street names
because that is not how it works anymore. This will conform the SLDR in the Town code.
Finally, we have in the Town Code a prohibition on parking vehicles on Town streets for the purpose of
advertising the vehicle for sale. That appears in Town code section 32-142.Actually,we have some case
law back in 2015 that our new Town Attorney was involved with in his previous life as the Deputy City
Attorney for Alexandria. He was quick to let us know when he came here that we ought to get rid of this
provision because this Federal case law certainly calls into question whether that is a constitutional
provision, so we are looking to just repeal that section.
Christopher Spera: [unintelligible]
Mayor Burk: You're saying that this will make it so that you can sell cars on the street?
Christopher Spera: It's the signage that is a protected first amendment[unintelligible].
Mayor Burk: What will it allow a car owner to do?
Christine Newton: Park your car on the street--
Christopher Spera: You can park the vehicle for sale with a sign saying for sale. That was the prohibited
practice in Alexandria. There was a first amendment advocacy group that, it was my belief, paid someone
to display their vehicle for sale. The person did not get cited, but then he claimed he took his sign down
because he was afraid of being cited,then the advocacy group sued us and we had to pay their attorney's
fees.
Mayor Burk:This means that there could be multiple cars on your street that are for sale.That people can
come and put their cars on your street and your street could become a used car lot?
Christopher Spera: That was the exact rationale for why the Alexandria statute was what it was.
Mayor Burk: Now we're saying that this will allow that to happen.
Christopher Spera: The first amendment says that, not you. My advice and the reason Ms. Newton
prepared this change is because of my direct experience with an almost identical piece of legislation in
Alexandria where we were sued and lost in Federal court.
Mayor Burk: I get that, but is there not some other vehicle that we can use to prevent this from happening?
Because I can see streets that are going to be just used car lots.
Page 141 June 22, 2021
Christine Newton:We do have some other provisions in the Town Code that might address some of those
concerns. If we had inoperable vehicles, if we have problems with inoperable vehicles, we have section
32-147.
Mayor Burk: Is that for sale? I'm sorry.
Christine Newton: If we have unattended vehicles on public property for more than 10 days, we have
Town Code section 32-149.
Mayor Burk: None of those are going to address this issue.
Christine Newton:You're right that we cannot tell people that they can't put a for sale sign in a parked car
and we really can't tell the public what street they can park on either. In theory, you are correct.
Mayor Burk:All right.Anyone else have questions up to this? Because now we're going to switch to Lisa.
Council Member Steinberg: I do.
Mayor Burk: Yes.
Council Member Steinberg:What about commercial ventures putting cars on the street with for sale signs
on them?
Christine Newton: I think that, and Chris, you can point me, but I think the zoning ordinance is going to
have something to say about what a business is doing outside of its--I will have to take a look at what the
zoning ordinance is going to say about that. I think, depending on whether the--We would have to look at
the different car dealerships that are in Town.
Christopher Spera:Typically,commercial speech is not protected in the same manner as private speech.
That was a key element of the decision that Judge Cacheris made in the case we had in Alexandria was
that this was a private citizen attempting to sell their vehicle. Even though it was a for sale activity and it
was technically commercial activity because it was a private sale, it was not a sale by a business.
He tried to distinguish commercial speech, which is more like what I think Mr. Steinberg you're talking
about, a business putting its vehicles for sale. Let's say a used car dealer displaying his vehicles in the
street, I think we would have the ability to potentially enforce that. As Tina alluded to, that's probably a
violation of the zoning ordinance.A business displaying its wares for sale in the public right of way without
obtaining a permit.
Council Member Steinberg:Well,that's something we'd want to be sure the ordinance is pretty clear on,
obviously. The vehicles that are for sale on public streets have to be appropriately tagged and registered.
I presume that's[unintelligible].
Christopher Spera: This does not suspend any of the other laws that Tina alluded to. You can't double
park, you can't create a hazard or somebody couldn't double park to go look at a vehicle that's for sale.
They'd be violating the law. If a vehicle was inoperable or was not properly tagged or licensed, didn't have
a State inspection, all those laws still apply. It's a separate citation. But to be able to cite under this code
section and say, even though you have a valid license plate, you have a valid inspection, displaying your
vehicle for sale is a violation of Town Code. That's exactly what we had in Alexandria.
Council Member Steinberg: Understood. Well, as long as we're certain about the commercial aspect.
Thanks.
Mayor Burk: Ms. Fox?
Christine Newton: If I can throw in one more response to that, I think if a commercial entity was using too
much of the on-street parking in a residential area, the residents would have the ability to ask for permit
parking.There are a number of ways to deal with a commercial entity trying to take advantage of something
that is meant to protect a private individual in their first amendment rights.
Page 151 June 22, 2021
Council Member Steinberg:As long as they understand that as well. Thanks.
Mayor Burk: Ms. Fox?
Council Member Fox: Thank you. Mr. Spera, this is just a follow-up to what Council Member Steinberg
just said. In our--Oh, gosh, I can't even think what this is.What it says here on our staff report. There we
go. It says here, recent Federal case law has cast doubt on the constitutional validity of this restriction on
commercial speech. Now, you just said commercial speech is protected differently than personal speech.
I didn't see that distinction. You said it's different, but here it's saying this is what this is protecting is
commercial.
Christopher Spera: Right. It was commercial speech by a private individual as opposed to commercial
speech by a business. That was the distinction that Judge Cacheris made in his opinion. I think that would
be where we hang our hat if it was a business in the hypothetical that Mr. Steinberg came up with. If it was
a business,we'd go to them and say, "You're now using the right of way for the commercial sale of goods."
They'd have to have a permit to do that.
Council Member Fox: That was clarified in this McLean v. City of Alexandria finding?
Christopher Spera: That was one of the elements that the judge used to differentiate our argument from
the argument of the plaintiff.
Council Member Fox: Okay. Thanks.
Mayor Burk:Anybody else at this point? Mr. Martinez?
Vice Mayor Martinez: Tina,you answered my question about the permit parking. If we really wanted to go
to the extreme,we'd just make the Town of Leesburg a permit parking Town and you had a registered one.
I know that's unreasonable. The other question I had is, you say we have 10 days for a car parked in a
resident not being moved.
Christine Newton: I'm saying that we have a Town Code section that says an unattended vehicle parked
for more than 10 days on public property-
Mayor Burk: On public property, okay.
Christine Newton: -can be removed.
Vice Mayor Martinez: Isn't there also, if you don't move your car,within a day or two, you can get ticketed
on public streets? Because I know there's been times I've had my car parked in front of my yard and I was
told that I had to move it and repark it, because it couldn't stay in front of my house for that long.
Christine Newton: I don't have that one on the top of my head.
Vice Mayor Martinez: I was just wondering if the 10 days restriction, especially if I have a car parked in
front of my house,and it's been there for two days or longer,then it's actually blocking my freedom to have
friends and everybody come over and park in that spot. I just wondered if there was any way we could
maybe change that 10 days to a shorter time period and at least, broadcast or advertise it a little bit that
you can do this, but only for a certain amount of time.
Christine Newton:We certainly could consider an amendment to that Town Code section 32-149.
Vice Mayor Martinez: Okay. That way, it's not 10 days, it's a couple maybe, or something. Anyway, that
was one of my concerns.What about if somebody does park in front of my house and the limit is two days
and it's three days,what kind of enforcement and penalties can we assess that person?
Page 161 June 22, 2021
Christine Newton:We're going to have to look at your proposal and then we can give you the answer to
how do we enforce as well. At the same time, as we give you some information about how many days we
would recommend you change it to.
Vice Mayor Martinez: Okay.
Mayor Burk: With Mr. Martinez's questions, should we postpone dealing with this particular section, this
repeal of Town Code 32-142 until you come back with the other?
Christine Newton: I think that you could treat that as a separate question because he's really raising a
separate issue about how long can I leave my car parked in one space somewhere in Town.
Mayor Burk: Someone who has a car for sale would be limited to the 10 days right now?
Christine Newton:As would anyone else really, as long as it's public property.
Vice Mayor Martinez: My concern is having somebody park their car in front of somebody else's home,
and they have limited parking, and now this has taken a parking space, and I can see a day or two, but
you take a long weekend, that's really intrusion on somebody's right of way or the curb in front of their
house. I just wanted to see if we could figure out a way to minimize that.
Looking at it, I'd be interested in hearing your response to that. The other question has to do with
commercial. I'm assuming that every used car sales lot has temporary tags. Is that true that they would
have temporary tags or no tags?Would you know that?
Christine Newton: It's on their lot?
Vice Mayor Martinez: Yeah.
Christine Newton: I don't know the answer to whether they're required to have-- I don't know[crosstalk]
Christopher Spera: My understanding, Mr. Martinez, is that when the vehicles are parked on the lot,they
do not have tags and they typically will have a tag when a vehicle is taken out for a test drive, there's
typically temporary tags they put on for the test drive.
Vice Mayor Martinez: The question then goes, if they're trying to do that and use temporary tags, we
should be able to find that right away if somebody files a complaint. Thank you.
Mayor Burk:Anyone else have any other questions at this point?
Christine Newton: I do need to turn over the rest of this presentation to Miss Haley to do the meals tax
and BPOL tax items.
Lisa Haley: Thank you, Christine. Good evening Madam Mayor, Members of Council. My name is Lisa
Haley. I'm the Deputy Director for Finance and the Town's Treasurer and I will be covering meals tax and
business, professional, occupation license code changes. Say that three times real fast. These are self-
reported taxes. Oops, my apologies, and we're recommending an effective date of January 1, 2022.They
represent approximately $8M in annual revenue. The proposal is to streamline reporting, collection and
remittance of the tax. These taxes are key business indicators for us,for the Town.
One of the main lessons learned from the pandemic is that the trust tax that the businesses manage on
behalf of the Town is a bit burdensome. It is due the month following the quarter, so there's a period of
time that they have to manage this trust tax on our behalf. Moving to a monthly meals tax format would
reduce that burden and afford the opportunity for the 5%discount for filing timely,so that's an improvement
for the businesses. It would also alleviate the back end loaded revenues that we collect in May and June,
it would streamline that a bit.
Page 171 June 22, 2021
It would provide us more timely information and reporting for you, as well as supporting any decisions that
you would need to make in a given fiscal year. Finally, it really helps the staff support businesses, one that
might struggle in a moment. It gives us more time to help them to get them on a payment plan. Also, it
would reduce the amount of what they would have to file in any given time versus accumulating a large
amount.
The trust tax is for businesses that sell meals in the Town, they would be eligible for the 5% discount for
timely filing. The Code sections that we are proposing changes to are 20-110 and 20-111, and again, the
due dates would be moving to monthly effective January 1, 2022. This is just the Code section with the
edits from quarter to month for meals. For BPOL, it's an annual tax based on gross receipts of the business.
The Code section is 20-233,and again,we're looking to move the filing date from May 1 to March 1 effective
January 1, 2022.
Again, the Code sections changing from May to March. Lastly, this is just a comparison of what some of
our neighbors are doing in terms of filing. The Town proposal that we are presenting tonight is in the green
at the top. You'll note that all of the towns that have meals tax have a monthly filing timeline and all BPOL
in the local towns, as well as the County, are March 15t, except for one town.We are happy to answer any
questions you might have. Thank you.
Mayor Burk: Thank you. Now, the meals tax is not a tax on the restaurants. A meals and beverage tax is
what the customer pays.
Lisa Haley: Yes, mam.
Mayor Burk: That is actually a flow-through. It's not intended to be part of the restaurant's business
budgets or anything of that nature. It is intended to be collected at the restaurant and turned over to the
Town.
Lisa Haley: Yes.We refer to that as a trust tax. They are collecting that on behalf of the Town. It is not for
the business, it is not part of their operations. That's why they get the compensation for administering that
on our behalf. Yes.
Mayor Burk: They do get compensation for that from the State?
Lisa Haley: Yes.
Mayor Burk:Any other questions? Ms. Fox?
Council Member Fox: Just one question, one observation basically. I totally agree with the quarterly to
monthly meals tax. I think that is good. The one thing that it gives me pause is the May to March 1st, only
because tax filing deadline is April 15th and a lot of people really don't know. They have a sense, but they
don't know exactly their numbers yet because everybody puts it off. Even if they're doing business taxes
quarterly, they still put it off.
It makes sense to me, just for the BPOL to keep it at May 1st because you have that information, it's
concrete and they can just report it instead of having to guess, that's just me. I would say, you said there
was really no fiscal impact for that and just having that one thing stay May 1st, I would advocate for that.
Lisa Haley: If I might, originally the Town requested additional documents to be submitted with the BPOL
filing. Established businesses have an idea of what their sales are, and so the need for the attachments to
the return are not--we changed our process so that if a question came up and we needed to see them,
then we can request them. That's why we've looked to move it back and not necessarily have the
requirement of having the actual tax return in hand [unintelligible].
Council Member Fox: Okay, [unintelligible] assumption that it would make it easier, but that makes
sense too. Thanks.
Mayor Burk: Mr. Cummings?
Page 181 June 22, 2021
Council Member Cummings: Thank you. I'm very supportive of moving to a monthly collection of the
meals tax and I appreciate the pushing it out to January to give folks time.What is the plan to advertise the
change from a quarterly to a monthly collection?
Lisa Haley: Provided the Council approves, we will be doing an outreach with all of our businesses. We
have contact information and we will be walking through what that looks like. That is the plan and the next
step.
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian: Yes, thank you.
Clark Case: [unintelligible].
Lisa Haley: Yes. Yes.
Council Member Bagdasarian: Plenty of time. Just two things for clarification. To be clear, moving the
BPOL to March,we're eliminating the requirement to submit the financial documents, correct?
Lisa Haley: Unless we found that there was a huge discrepancy with the data that we have, yes.
Council Member Bagdasarian: Right. Okay. I think that's very useful. Secondly, as far as reporting on
the meals tax, is that done on a manual basis by the restaurant owner? How does that work?
Lisa Haley: Most of the businesses that do meals tax, they actually program it into their system, and now
they can file it online with us. We have an automated process and it's less burdensome for them.You can
actually print a register that tells you what it is, and it's a simple filing form.
Council Member Bagdasarian: Okay, great. Thank you.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Thanks. Thanks for the presentation. This may piggyback on Councilman
Bagdasarian's question.The Town administers the meals tax program entirely.This is not one of the things
we look to the County for?
Lisa Haley: In fact, the County does not have a meals tax, so yes, this is ours, but we do remit it to the
State.
Council Member Steinberg: I understand that, okay, but we're administering this program?
Lisa Haley: Yes.
Council Member Steinberg: Okay, thanks.
Mayor Burk:All right.Then,at this point,what is it that--Let's hear from the public first, if we have no more
questions. Is there anybody in the audience that would like to speak at this point? Nobody's rushing to the
mic. Is there anybody that was signed up to speak and is there anybody on WebEx or the phone?
Keith Markel: Madam Mayor,we have one member online here. I will unmute that person now.
Caller: I have no comment. Thank you.
Mayor Burk:All right. Then I will close this public hearing. Is there a motion or anything that we would like
to do at this point?
Vice Mayor Martinez: Madam Mayor?
Page 191 June 22, 2021
Mayor Burk: Yes.
Vice Mayor Martinez: I would like us to go ahead and allow the staff to move forward with these
amendments and to get back to us on the questions I had about the length of time for putting an unattended
car on a public right of way.
Mayor Burk: Unattended car. Is there a second?
Council Member Bagdasarian: [unintelligible].
Mayor Burk: Mr. Bagdasarian, did you second that?
Council Member Bagdasarian: Yes.
Mayor Burk:All right. All in favor, indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed? That passes 6-0-1. All right. We have our third public hearing for tonight. This
public hearing item is-- Okay, I got to go through the whole thing again. I now open the public hearing for
the ordinance Approving and Authorizing Extension of the Existing Cable Franchise with Verizon Virginia
LLC for a period of one year. Pursuant to Virginia Code Section 15.2-2108.20,40 USC 546 and Leesburg
Town Code Section 9-5A, I call to order this June 22nd,2021, although it says 2001,the public hearing as
a Leesburg Town Council.
Unless there's an objection, I will dispense with the reading of the advertisement.All members of the public
are welcome to address the Council on any item before us tonight. If you wish to speak, we ask that you
sign up on the sheet in the hallway outside of the Council Chambers. If you did not get the opportunity to
sign up we will give you an opportunity to speak. We will also provide an opportunity for remote public
participation for callers on the phone or by WebEx.
In all cases, please identify yourself, and if comfortable, give your address for the record. In the interest of
fairness,we ask that you observe the five-minute time limit. For those participating in person or by 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 appreciate you summing up and yielding the floor when the bell indicates your
time has expired. For those participating on phone, you'll hear a bell when your time has expired.
Under the rules of orders adopted by this Council, the five-minute time limit applies to all. However, rather
than have numerous citizens present remarks on behalf of the group, if any speaker is representing the
group, the council will allow a spokesperson for the group a few extra minutes. In that instance,we would
ask speakers when they sign up to indicate their status as spokesperson and the group they represent in
their request for additional time.
The public hearing agenda for tonight is the ordinance approving and authorizing an extension of the
existing cable franchise with Verizon Virginia LLC for a period of one year.As there is no presentation on
this item, members of the public who have signed up to speak will be called and given five minutes to make
their comments. Is there anybody from the public that would like to speak? Okay, nobody online.
Keith Markel:We still have the same caller online. I will unmute him now.
Caller: Thank you. I have no comment.
Mayor Burk:All right.At any time Council members are allowed to ask any questions.There's nobody that
wants to speak after the citizen said something. Does anybody have any questions that they would like to
ask at this point? Miss Fox?
Council Member Fox: There's just one observation. This franchise became effective on 2006, expires
soon, 15 years, but we need a year extension. I asked Keith a little bit ago why and he said they need
some time for the provider to provide a revised exhibit to the Town. Just saying.
Page 201 June 22, 2021
Christine Newton: I'm sorry. I think when I talked to Mr. Markel about that, I think he thought we were
referring to the Verizon or to the small cell franchise on the consent agenda and not to this item.
Council Member Fox:Why then after 15 years we need another year?
Christine Newton: We are working with outside telecommunications counsel on this one as well, same
counsel. He is seeing Verizon extending their deadlines with everyone and I think the issue is you'd
normally don't start the renewal. This renewal process is dictated by the process in Federal law, 47 USC
section 546. There's a rather lengthy process that is dictated by the statute and you normally don't start it
until about a year before the franchise is going to run out, and they've just been delayed by COVID. The
County also extended their franchise recently, May, I believe, and Verizon is just behind schedule in all of
its renewals, is my understanding.
Council Member Fox: Does this affect us at all in any way, if we push it out a year?
Christine Newton: It keeps us from being without a franchise agreement,which our outside counsel does
not recommend.
Council Member Fox: All right. Thanks.
Mayor Burk: Anyone else have a question at this point? The one question I have is that the other towns
piggyback on the County's agreement. Have we ever looked at doing that?Would that save us any money
or give us better service?
Christine Newton: I have not even looked at the County's agreement, so I guess I'm not prepared to
answer that. I do know that our IT department has a little bit of a wish list in terms of the renewal of this
agreement, and I think we would just need to--First of all, I would need to confirm that that process would
be available to us and that it wouldn't be detrimental in terms of what we've already negotiated and what
we're hoping to include in the renewal..
Council Member Steinberg: Madam Mayor?
Council Member Fox: It might be something to at least look at.
Mayor Burk: Yes.
Council Member Steinberg: I'm not sure how it works with the other towns as they piggyback with the
County, but I do know that Leesburg,we have our separate agreement, and because of that,we receive a
fee from Verizon. Now, I also know these fees are going to be substantially reduced probably nationwide,
but we still do receive monies from Verizon. I'm assuming, based on the fact that we have our own
agreement with them.
Mayor Burk: No, the towns also get money. That might be something you'll check into.
Christine Newton:We can certainly look into it.
Council Member Steinberg: Okay. Thanks.
Mayor Burk:They had indicated that they do.All right. Where am I? Do we have a motion to Approve and
Authorize the Extension of the Cable Franchise with Verizon Virginia LLC for a period of one year?
Vice Mayor Martinez: Madam Mayor?
Mayor Burk: Yes.
Vice Mayor Martinez: I would like to make a motion [inaudible].
Page 211 June 22, 2021
Mayor Burk: Oh. Thank you, sir. I lost my place. Yes, I need to close public hearing. Now, you're making
that motion?
Vice Mayor Martinez: Yes.
Mayor Burk: Okay. Is there a second?
Council Member Bagdasarian: I second.
Mayor Burk: Seconded by Council Member Bagdasarian. My pen's out of ink. All in favor indicate by
saying aye.
Council Members:Aye.
Mayor Burk: Opposed? Okay. That passes 6-0-1. Oh, I like that pen. Now, that takes us to our Council
Meeting Disclosures and Additions to Future Meetings. Mr. Bagdasarian?
Council Member Bagdasarian: I mentioned earlier, I attended the Chamber of Affordable Housing, Public
Policy Forum this morning. It was very interesting, a lot of different topics were discussed. I did have an
opportunity to speak to a number of bankers. Based on our conversation last night about C-PACE, there
seemed to be interest in having a conversation with the Town to learn more about the C-PACE program
and how they can participate on the lending side. That was it. Thank you.
Mayor Burk: Thank you. Mr. Martinez? Mr. Cummings?
Council Member Cummings:Thank you. I just wanted to take a minute to applaud the Town,the Loudoun
Freedom Center and the Loudoun NAACP for the great Juneteenth celebration. I was out of Town, but I
saw a lot of great pictures. It looks like folks enjoyed celebrating that for really the first time publicly this
year. I want to just want to wish everybody, Council members and the public, a happy and safe 4th of July.
It's going to be a bit back to normal this year with the parade and the fireworks. I'm excited to see everybody
out at Ida Lee that evening.
Then, finally, I just want to say it's been six months as a Council, it's been a great first six months, and I
feel like we've worked together really well. I enjoy listening to the Broadway musical 1776 around the 4th
of July.You hear a lot of back and forth, back and forth that happened there as we were forming our nation.
I think as a Council, we've done a really good job of living in their shadow and for those goals of working
together, disagreeing but not being disagreeable. I just look forward to continuing to work with you all
through the rest of the year, and years to come, and just wish everybody a happy 4th of July.
Mayor Burk: All right. Thank you. Mr. Steinberg?
Council Member Steinberg: Thank you. One disclosure, I had a meeting that involved Brian Cullen and
his team and we discussed the Virginia Village project. That was very interesting. I did actually attend the
Juneteenth celebration, Saturday, and it was a wonderful event, as was the Burg Family celebration that
took place at Ida Lee. It started out small, but I'm sure as the years go by, it will become a big event for the
Town of Leesburg. Thanks.
Mayor Burk: Ms. Fox?
Council Member Fox: Thank you. I regret that I had to miss the Juneteenth celebration. I would have
loved to be there, but I had a wedding, so I was there all day. I want to go ahead and do one disclosure. I
had a June 14th meeting with Mr. Greg Whitfield about the Greenway Manor project in the Allman tract. I
just want to wish everybody a happy Independence Day coming up. That's it. Thanks.
Mayor Burk: All right. I also need to disclose that I met with Mr. Steinberg, and Mr. Cullen, and his team
about the Virginia Village development on June 16th.On June 11th, I welcomed Abaco Strategy to Leesburg.
It is a company that provides innovation solutions for partnerships with customers. It is a woman-owned
business in the HUBZone and hires primarily women. It was very interesting to see what they've done and
what they've accomplished, even during the pandemic.
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Again,we're here we are still opening businesses in one of the most difficult times to open a business, so
congratulations to them. June 13th, Equity Loudoun held a picnic at Foxridge. I was invited to attend and it
was a great success.Thanks to Chris Tuck for putting that together. June 14th, I spoke with Delegate Reid
and Gooditis about our funding deficiencies for the Town. June 15th, we had a meeting with VML Michelle
Gowdy to discuss the convention plans. The October convention will be here in Leesburg for the VML and
it's very exciting.
We really do have some really fun things planned for that convention. I hope everyone will sign up. June
19th, I want to congratulate the Burg Family Reunion Club and its president, Irvin Greene, for the fantastic
Juneteenth celebration. It was so uplifting and I enjoyed every single minute of it, even though I lost my
watch somewhere in the grass, but it was wonderful and it was a great event.
I know Mr. Bagdasarian was there and Mr. Steinberg were also there. I met with Mr. Cullen,the new editor
of the Loudoun Times on June 21 St. I look forward to working with the paper to make sure that everyone in
Loudoun County can read all about the great things that are going on in Leesburg. I want to wish everybody
a happy Fourth of July, and I hope to see everybody at the parade. That is all I have.
Council Member Bagdasarian: Mayor Burk, I have one more [unintelligible] of course, [unintelligible]
this one now.
Mayor Burk: Yes, Mr. Bagdasarian.
Council Member Bagdasarian: I failed to mention the weekend of the 4th is the kickoff for the Arts &
Cultural District and COPA will be having several activities, including an art mobile at Virginia Village. It will
be there during the farmers market, which should be something really special. So I encourage people to
come out and experience that and celebrate the arts and culture that we have in the Town of Leesburg on
this Independence Day weekend.
Mayor Burk: I just want to clarify one thing. It is not in the Virginia Village, it's the Village of Leesburg,
right?
Speaker: [unintelligible 01:33:46]
Mayor Burk: Never mind.
Council Member Bagdasarian: Yes.
Mayor Burk: I was incorrect. Good thing because I'd show up at the wrong place. Thank you for bringing
that up. All right. Mr. Town Manager.
Kaj Dentler: Just very briefly, I want to— some of you've alluded to that, tonight, as you know, you lifted
the local emergency and the repealing the continuity of government ordinance effective at the end of this
month. That's been a long time since we've been dealing with this COVID issue back to March of'20. I
want to compliment your leadership.You've helped guide us,given us steady ways to look at things.You've
given us your perspectives.
I certainly want to compliment our staff who have done a phenomenal job to deliver the services that you
expect to be delivered on a day-to-day basis. Then things that we had to learn and evolve, and that we
never would have thought of, type of thing. Earlier in my career, when we dealt with the blizzard that we
got about two feet of snow in what, 24 hours,type of thing, I would have thought that would have been one
of the biggest challenges that we would have ever dealt with. COVID was never on our radar.
I think all of us working together in a positive fashion,we had our debates on certain things that we had to
do and liked and didn't like, but we got through it and it's made us better. One of the actions that you took
tonight, ironically of moving the meals tax from quarterly to monthly, is really a compliment to our Interim
Town Attorney Martin Crim when he identified that. He said immediately that needs to be changed for a
variety of reasons, all of which you've recognized tonight.We are continuing to learn from COVID.
Page 231 June 22, 2021
We will be a better organization and a better community as a result of it. I want to just compliment you as
well as our staff.As you have also mentioned, lastly, very excited to see our July 4t11 activities come back.
As an old parks recreation guy,to cancel the event last year was painful,and we certainly had some debate
about getting rid of our fireworks etc., but the good news is that's in our past,we're moving forward. I think
we all will celebrate and enjoy this July 4th a little more special than what we normally do. Thank you for all
of your support, look forward to the activities here in Town on July 4th.
Mayor Burk: Thank you. With this change that we just made tonight, does that mean that our boards and
commissions can no longer meet totally virtually?They must have--
Christopher Spera: It goes back to the pre-pandemic way of doing business until and unless the General
Assembly gives us some dispensation.
Mayor Burk: Does that mean that there can be a quorum and four people here and three there, or does it
mean that everybody has to be at the meeting?The boards are confused by that.
Christopher Spera: Whatever the electronic participation rules were before, my understanding was that
there were limited instances where electronic participation was allowed and there was a limit to the number
of them,and so those are the rules that would apply,but you still you have to have physical quorum present
to have a valid meeting for all the boards and commissions.
Kaj Dentler: We will be communicating to all the commissions and boards on what the process will be
effective July 1.
Mayor Burk: Okay. Send it to us too.
Kaj Dentler:We will make sure you're straight.
Mayor Burk: Thank you. We do have a closed session scheduled, but I would like to take a five-minute
break, and I mean, five minutes. I will see you back in [unintelligible].
[Council took a recess from 8:35 p.m.to 8:39 p.m.]
Mayor Burk: I move pursuant to 2.2-3711(A)(3) and 2.2-3711(A)(7) and 2.2-3711(A)(8) of the Code of
Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of discussion and
receiving information regarding the potential acquisition of real properties for public purpose and a
consultation with legal counsel and a briefing by staff members pertaining to the pending litigation of the
Town of Leesburg et al v. Loudoun County et al, Loudoun County Circuit Court No. 19-1768 where such
consultation in open session would adversely affect the negotiations or litigating posture of the Town, in
consultation with the legal counsel regarding specific legal matters requiring the provision of legal advice
by such counsel, and pertaining to the potential annexation and/or boundary line agreement with respect
to the JLMA. Do I have a motion?
Council Member Fox: [inaudible] I'll move it then.
Mayor Burk: Okay. Council Member Fox, second?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg.All in favor, indicate by saying"Aye".
Council Members: Aye.
Mayor Burk: Opposed?That passes 6-0-1. We are in closed session. Let us know when we-
[Council convened in a CLOSED SESSION from 8:40 p.m.to 9:37 p.m.]
Page 241 June 22, 2021
Mayor Burk: Are we on? Excuse me. We are back on. So, in accordance with Section 2.2-3712 of the
Code of Virginia, I move that the Council certify to the best of each member's knowledge, only public
business matters lawfully exempted from open meeting requirements under Virginia Freedom of
Information Act and such public business matters for the purpose identified in the motion by which this
closed meeting was convened and were heard, discussed and considered by the meeting by the Council.
Ms. Fox?
Council Member Fox:Aye.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg:Aye.
Mayor Burk: Mr. Cummings?
Council Member Cummings:Yes.
Mayor Burk: Vice Mayor Martinez?
Vice Mayor Martinez: Yes.
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian: Aye.
Mayor Burk: Myself, aye. Ms. Nacy is not here tonight.Absent.All right. Do I have a motion to adjourn?
Vice Mayor Martinez: So moved.
Mayor Burk: Moved by Vice Mayor. Second?
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox. All in favor?
Council Members:Aye.
Mayor Burk: Passed 6-0-1.
Page 251 June 22, 2021