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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) 1 I Page 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. 2 I Page 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 3 j Page 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) 4 j Page 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) 5 j Page 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. 6 I Page 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. 7 I Page 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. 8 I Page 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 9 Page 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. Page 61 June 22, 2021 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 Page 131 June 22, 2021 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. Page 221 June 22, 2021 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