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HomeMy Public PortalAbout2021_08_09_Work_Session_Agenda_Packet TOWN OF LEESBURG Town Hall, 25 West Market Street AGENDA Town Council Work Session August 09, 2021 7:00 PM Council Chamber 1. CALL TO ORDER 2. REMOTE PARTICIPATION MOTION I move to allow _________________ to electronically participate in the August 9, 2021, Town Council Work Session. 3. ITEMS FOR DISCUSSION a. Additional Community Events (Kate Trask) b. Plastic Bag Tax Ordinance (Renee LaFollette) c. Liberty Lot Property - Potential Public Private Partnership Project (Chris Spera) d. Restriction on Firearms in Town Buildings and Other Town Property (Chris Spera) 4. ADDITIONS TO FUTURE MEETINGS a. Future Council Meetings and Agenda Topics 5. ADJOURNMENT 6. INFORMATION MEMORANDUM a. Thomas Balch Library Advisory Commission Annual Report b. Visit Loudoun Monthly Report c. Monthly Board and Commission Report – Activity and Attendance 7. UPCOMING EVENTS August 14 – TASTE Leesburg, Downtown, 5 – 10 p.m. August 19 – Serving a Diverse Society, Northern Virginia Criminal Justice Training Academy, 8 a.m.–12 p.m. August 20 – Movies Under the Stars: Onward, Loudoun County Courthouse, 7:45 – 10 p.m. August 21 – Acoustic on the Green with Julia Kasdorf, Town Green, 7 – 8:30 p.m. August 28 – Acoustic on the Green with Todd Wright, Town Green, 7 – 8:30 p.m. September 6 – Town Offices Closed for Labor Day ASSISTIVE LISTENING SYSTEM Qualified individuals with a disability who require a reasonable accommodation to attend and/or participate in this meeting should contact the Clerk of Council at eboeing@leesburgva.gov or 703-771-2733 to request the accommodation. Three days advance notice is requested. Meetings are broadcast live on the Town’s local government access cable TV channel (Comcast 67 and Verizon 35) and streamed live on the website at www.leesburgva.gov/webcasts. All Town Council, Board and Commission meetings are recorded and can be found on the Town’s Web site at www.leesburgva.gov. 1 -2- REGULARLY SHEDULED COUNCIL MEETINGS Citizens are invited to attend and participate in Town Council meetings. The petitioner’s portion of the meeting and scheduled public hearings offer the public two opportunities to present their views to the Council during its meeting. Petitioners The petitioners’ portion of the Council agenda is the first item taken up by the Council following proclamations and certificates of appreciation. This part of the meeting affords individuals the opportunity to address the Council on any matter not scheduled for a public hearing. Prior to the meeting, those citizens wishing to speak should sign the Clerk’s Register on the podium at the front of the Chambers. The Mayor will announce the availability of the sign- up sheet at the beginning of all regular meetings. Petitioners’ presentations should be limited to five minutes. Public Hearings Certain items of Town business can only be conducted after the Town Council conducts an advertised public hearing. Certain major issues affecting the town’s government can also be scheduled for public hearing at the option of the Council. Adoption of the town budget, rezonings, special exceptions and amendments to the Town’s subdivision and zoning ordinances all require a public hearing. Decorum A person addressing the Council as a petitioner, or during a public hearing, should advance to the podium when recognized by the Mayor and state his or her name and address. Persons should also indicate whether they are representing anyone other than themselves. After the presentation or comments, the Mayor or members of Council may have questions of the petitioner. Decorum will be maintained. Statements, which are demeaning or defamatory to members of the public, the staff or the Council, are inappropriate and out of order. OTHER COUNCIL MEETINGS Work Sessions/Committee of the Whole Council may elect to place an item on the Tuesday night meeting agenda for action. Items will only be added to the agenda if agreed to by a majority of Council present. Closed Sessions Under certain circumstances, the Virginia Freedom of Information Act permits the Town Council to meet in a session where the public is excluded. This may be a discussion of personnel matters, legal matters, the acquisition or sale of property and other selected topics. The Council can only go into closed session from a public session and the notice must cite the specific statutory authority to go into closed session and also indicate the general topic to be discussed. Only those matters in the adopted motion to go into closed session can be discussed at that time. TOWN COUNCIL AGENDA MATERIALS Generally, all items on the regular Council agenda have been first considered at the Council Committee of the Whole. Individual council members, however, can request full Council action on an item considered, but not reported out of committee. Materials previously distributed to the Council on Wednesday are available to citizens on request from the Clerk’s Office. Citizens may also provide the Clerk of Council with an e-mail address or self-addressed, stamped envelopes and Council agendas will be provided to the citizens without further charge. For more information, call the Clerk’s Office at (703) 771-2733 during normal business hours or e-mail at clerk@leesburgva.gov. Meeting agenda packets are available for public inspection in the lobby of Town Hall on Wednesdays prior to the scheduled meeting. Council agendas can also be viewed on the town’s World Wide Web site at http://www.leesburgva.gov. 2 Date of Council Meeting: August 9, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Additional Community Events Staff Contact: Kate Trask, Deputy Director of Parks and Recreation Council Action Requested: Work Session discussion regarding the potential for additional community events as requested by Council during the April 2021 planning retreat. Staff Recommendation: None at this time. It should be noted however that staff resources are not available to support additional community events. Commission Recommendation: Not applicable at this time. Fiscal Impact: Depending on the logistical and safety needs of additional community events, an increase in personnel costs will be needed for the departments of Public Works and Capital Projects, Police, and Parks and Recreation. Any additional events produced by the Town will also need additional funding for logistic supplies, marketing, entertainment, and contract vendors. In general, the additional cost will range from $10,000 for a concert series to $150,000 or more for a large festival style event. Work Plan Impact: Adding community events would significantly impact the existing work plan for the Department of Parks and Recreation which produces Town events as well as oversees the permitting and rental process of non-Town produces events. Staffing schedules and work duties will be impacted by additional events for all four departments that support events: Parks and Recreation, Public Works and Capital Projects, Planning and Zoning, and Police. Executive Summary: Town Council held a retreat in April 2021 in which a future discussion topic was created known as “Events – explore creating and supporting community events for residents and to attract visitors”. This discussion topic was placed under the category of Economic Development at Council’s request. There are three types of events that the Town’s Special Event Policy references. A Town-produced event is planned and implemented by Town staff. A Town-permitted event is one that requires a Town permit and goes through the event permit application process. A Town-sponsored event has received support, such as waived fees or in-kind services from the Town. A sponsored event requires a special event permit. As seen on the Annual Leesburg Event flyer (Attachment #1) and the 2021 Event Listing (Attachment #2), there are times during the year that are less event heavy than others. The winter 3 Item a. Additional Community Events August 9, 2021 Page 2 months are vacant compared to the packed seasons of spring through fall. Weekends are busier than weekdays. In 2021, two annual events were added to the annual schedule: the Juneteenth March and the Burg Family Reunion Club’s Juneteenth Celebration. Inquiries from event organizers have been received for music festivals and a Pride Month event. Event staff are waiting for more details. Additional community events might originate from private event organizations, local non-profits or be produced by the Town. Ideally, coproduction of an event would help to reduce staff costs and lessen impact on workloads. Coproduction could be defined as the Town and an event organizer equally sharing in the planning and implementation of an event. Most permitted or town-produced community events are held at the following locations: Historic Downtown, Ida Lee Park, Loudoun County Courthouse, and Town Green. With its access to the W&OD Trail, Raflo Park has seen an increase in event rentals. Other Town parks get occasional use for events: Robinson, Freedom, and Mervin Jackson. Overuse of a particular site as a host for events can lead to several negative impacts. Excessive traffic both to and around events impacts neighborhoods and effects the quality of life for residents. Seasonal or regularly occurring programs and services at potential event sites are disrupted. For example, using Ida Lee Park Festival Field can impact use of the soccer and flag football fields, as well as access to the recreation center or outdoor pool or tennis courts. Wear and tear on turf and park amenities must be accounted for and addressed with regular maintenance. A challenge that event organizers face when using Town sites is a lack of infrastructure. Staff has been asked for staging, lighting, sound systems, tents, bathrooms, parking, and accessible routes. The cost of renting logistic items has been a hardship on some events; these are usually smaller non-profits with limited support and ability to coordinate sponsorships and donations. Large, professional event planners are better able to manage logistics and manpower. Seeking these planners could be an alternative means to bring events to Leesburg. Adding community events to Leesburg’s schedule will require research, community input, and time. When TASTE was added to the annual schedule it took over 2 years to come to fruition – from loose concept to street party. Leesburg’s community is diverse in age, income, culture and interests. Our Town is unique in its history and ethos. Our events should reflect this. Background: The Town of Leesburg has a long history of hosting and producing community events. It is well recognized that events serve as economic drivers for the Town by bringing in both local and regional tourists to support our businesses. Events also help to build Leesburg’s community pride and a sense of belonging. In order to serve the varied interests of the residents, there are a wide variety of community events offered to the public. These events can be free or require a ticket; annual or one-time only; family friendly or adult only; on public property or in a private venue; political or educational; athletic or artistic; or just for fun. 4 Item a. Additional Community Events August 9, 2021 Page 3 Some events in Town are long standing traditions like our signature Flower & Garden Festival that has run for 30 years or Kiwanians Club’s Halloween Parade which is the longest running Halloween parade east of the Mississippi River. Other events may fade from the schedule as community’s interest changes or logistics become too challenging. In order to achieve a goal of providing opportunities for community events, the Town established the Community Events Committee (CEC) in 2002 as an intradepartmental group to review public event applications, and to coordinate resources for all events – permitted and produced by the Town. The participating departments are Police, Public Works and Capital Projects, Parks and Recreation, Planning and Zoning, Public Information Office, and Emergency Management. The Events Manager for the Department of Parks and Recreation coordinates the CEC. This position is also responsible for the Town’s Special Event Permit Application process, which is guided by the Town’s Special Event Policy. The objective of the CEC is to simplify the event permitting process for the public by providing a single point of contact (the Events Manager).The CEC reviews a wide variety of community event applications, as well as filming applications from production companies. Special event permits are required for any event that uses public property or services. These events are referred to as Town-permitted events and could be races, carnivals, car shows, festivals, marches, parades, protests, music concerts, church services, art shows, haunted houses, charity walks, or rallies. If an event needs to close a street/sidewalk or have staff support or requires security or uses a park, then it needs a permit. It should be noted that not every permit issued is a special event permit. Business Special Event zoning permits are issued to private businesses holding an event that is not identified as their primary business purpose. For example, the Winter Ice Fest at the Village at Leesburg requires a zoning permit because events are not part of the intended purpose for the development. Depending on the needs of the event, additional permits might be required from certain Loudoun County departments including the Health Department, Fire Marshal, Building Inspections, or Sheriff. The Town’s Events Manager guides applicants through this process. There are countless hours spent by the event staff in providing customer service to potential organizers. Currently, the Town does not charge any fees for onsite logistical meetings, reviewing maps and emergency plans, providing contact information for vendors, or other support items. A successful community event requires a significant amount of advanced planning and resources from Town staff in order for the permitted event to be successful. In a typical calendar year, the CEC will receive 43 special event permit applications, four film permits, and 41 special event zoning applications. Not all applications or phone inquiries conclude in an event being held. An active live music scene at our restaurants and bars supplements the special event landscape and often requires Amplified Sound Permits. In addition to the 80 permitted events, the Town produces 28 events each year including the major five: Flower & Garden Festival, Independence Day Celebration, TASTE Leesburg, Leesburg Airshow, and Holidays in Leesburg. 5 Item a. Additional Community Events August 9, 2021 Page 4 Attachments: 1. Annual Leesburg Events 2. 2021 Event Listing 27/2021 6 Item a. JANUARY Martin Luther King March Winter Ice Fest FEBRUARY My Bloody Valentine MARCH Spring Bling Arts & Crafts First Friday Leesburg Egg Hunt APRIL First Friday Flower & Garden Festival MAY First Friday Bike to Work Day Memorial Day Observance JUNE First Friday Acoustic on the Green Juneteenth Events Movies Under the Stars JULY First Friday July 4 Parade & Fireworks Acoustic on the Green Movies Under the Stars ANNUAL LEESBURG EVENTS Just some of the annual events held throughout the Town of Leesburg events in italic are produced by Town of Leesburg AUGUST First Friday Leesburg Annual 20K/5K 9/11 Ride TASTE Leesburg Acoustic on the Green Movies Under the Stars SEPTEMBER First Friday Annual Dog Swim Sept 11 Ceremony Crossroads Music Festival Leesburg Airshow Classic Car Show OCTOBER First Friday Beer, Bourbon, & BBQ Halloween Parade Shocktober NOVEMBER First Friday Freeze Your Gizzard Races Veterans Day Observance DECEMBER First Friday Holiday Arts & Crafts Holiday Parade Tree Lighting Jingle Jam Concerts 7 Item a. March: LCHS Cross Country Meets Youth Career Expo April: Keep Leesburg Beautiful Easter Sunrise Outdoor Worship Beer Fest May: Cinco de Mayo Celebration Music at the Manor Walk with Hope DPW/Utilities Open House Loudoun County Charity Bike Ride Great Strides NOVA Leesburg Business Awards Dinner on the Rooftop Walk Like MADD Flags for Heroes Latino Festival June: Tour de Cure NOVA HS Graduations Pipe Hitter Bike Wash July: Young Adults Night of Worship Annual Summer Block Party Star Wars Night August: Loudoun’s Battle of the Bands Concert Series Love Crushes Cancer K2M Company Picnic National Night Out World Heritage Festival Reston Century Bicycle Ride Immune Deficiency Walk Bike MS: Nation’s Capital Overdose Awareness September: CF Cycle for Life Annual Pet Festival AFSP Walk International Festival October: LCHS Cross Country Meets Lime Connect Century Ride Ladies Board Rummage Sale Monster Mash Paws for your Heart 5K QOC Orienteering Meet NOVA Athletic Club XC Invitational November: Red Kettle Kickoff—Salvation Army Thanksgiving Midnight Madness December: Young Adults Night of Worship A lot is happening in the Town of Leesburg! Adding to the noted annual events, here’s a list of public, private, or ticketed events in the works or on the calendar for 2021. 8 Item a. Date of Council Meeting: August 9, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Plastic Bag Tax Ordinance Staff Contact: Renee M. LaFollette, P.E., Director of Public Works and Capital Projects Chris Spera, Town Attorney Council Action Requested: Work Session discussion. Staff Recommendation: None at this time. Commission Recommendation: The Environmental Advisory Commission has discussed this topic but no formal recommendation has been provided. Fiscal Impact: Unknown at this time. Work Plan Impact: None. Executive Summary: Virginia House Bill 534 and Virginia Senate Bill 11 were enacted during the Regular Session of the 2020 General Assembly to allow any county or city to adopt an ordinance imposing a 5 cent disposable plastic bag tax. See Attachment #1. They are codified at Va. Code § 58.1-1745. This tax would apply to disposable plastic bags that are provided to the customers in grocery stores, convenience stores, and drug stores in the locality. The tax would be administered by the Virginia Department of Taxation. Since Leesburg is a town, it cannot enact a disposable plastic bag tax. However, Loudoun County has the authority to adopt the tax that would apply within the seven incorporated towns. The County Finance staff briefed the County Board of Supervisors on July 13, 2021, as part of its Fiscal Year 2023 Budget Development: Economic Outlook and Budget Issues agenda item. See Attachment #2, page 7. Background: At the April 24, 2021 Planning Retreat, Town Council requested a Work Session discussion to consider potential adoption of a plastic bag ordinance. During the Regular Session of the 2020 General Assembly, Virginia House Bill 534 and Virginia Senate Bill 11 were enacted to allow any county or city to adopt by ordinance the Disposable Plastic Bag Tax. One jurisdiction, the City of Roanoke, has adopted an ordinance but has not begun collecting the tax. Only counties and cities have been given the authority to implement a local disposable plastic bag tax. To date, very little guidance has been provided by the Virginia Department of Taxation on how jurisdictions (counties and cities) are to draft their ordinances or how the tax will be distributed to those localities that enact the tax. The Northern Virginia Regional Commission Waste Management Board has been following this issue and has sent letters and questions to the Department of Taxation requesting clarification of this new law. See Attachment #3. 9 Item b. Plastic Bag Tax Ordinance August 9, 2021 Page 2 County staff has briefed the Board of Supervisors on this tax and based on the attached staff memo, the earliest that Loudoun County would be able to assess the tax is April 1, 2022, however the County Board of Supervisors have not provided that direction. The Department of Taxation draft guidelines indicate that the tax will be administered similarly to the Retail Sales and Use Tax. Attachments: 1. Virginia House Bill 534 and Senate Bill 11 2. July 13, 2021 Loudoun County Board of Supervisors Agenda Item 3. Northern Virginia Regional Commission Waste Management Board communication with Virginia Department of Taxation Rev. 05/27/2021 10 Item b. 2020 SESSION ENROLLED 1 VIRGINIA ACTS OF ASSEMBLY ––CHAPTER 2 An Act to amend the Code of Virginia by adding in Chapter 17 of Title 58.1 an article numbered 12, 3 consisting of sections numbered 58.1-1745 through 58.1-1748,relating to a local disposable plastic 4 bag tax. 5 [H 534] 6 Approved 7 Be it enacted by the General Assembly of Virginia: 8 1.That the Code of Virginia is amended by adding in Chapter 17 of Title 58.1 an article 9 numbered 12,consisting of sections numbered 58.1-1745 through 58.1-1748,as follows: 10 Article 12. 11 Disposable Plastic Bag Tax. 12 §58.1-1745.Disposable plastic bag tax. 13 A.Any county or city may,by duly adopted ordinance,impose a tax in the amount of five cents 14 ($0.05)for each disposable plastic bag provided,whether or not provided free of charge,to a consumer 15 of tangible personal property by retailers in grocery stores,convenience stores,or drugstores. 16 B.Any tax imposed under this section shall be collected by the retailer,along with the purchase 17 price and all other fees and taxes,at the time the consumer pays for such personal property.All 18 revenue accruing to the county or city from a tax imposed under the provisions of this article shall be 19 appropriated for the purposes of environmental cleanup,providing education programs designed to 20 reduce environmental waste,mitigating pollution and litter,or providing reusable bags to recipients of 21 Supplemental Nutrition Assistance Program (SNAP)or Women,Infants,and Children Program (WIC) 22 benefits. 23 C.Each local ordinance imposing the tax shall provide for the tax to become effective on the first 24 day of any calendar quarter;however,in no event shall any tax imposed pursuant to this article become 25 effective before January 1,2021.The county or city shall,at least three months prior to the date the tax 26 is to become effective,provide a certified copy of such ordinance to the Tax Commissioner. 27 §58.1-1746.Exemptions. 28 Any tax imposed pursuant to the provisions of this article shall not apply to the following: 29 1.Durable plastic bags with handles that are specifically designed and manufactured for multiple 30 reuse and that are at least four mils thick; 31 2.Plastic bags that are solely used to wrap,contain,or package ice cream,meat,fish,poultry, 32 produce,unwrapped bulk food items,or perishable food items in order to avoid damage or 33 contamination; 34 3.Plastic bags used to carry dry cleaning or prescription drugs;and 35 4.Multiple plastic bags sold in packages and intended for use as garbage,pet waste,or leaf 36 removal bags. 37 §58.1-1747.Retailer discount. 38 A.Beginning January 1,2021,and ending January 1,2023,every retailer that collects a tax 39 imposed by a county or city under this article shall be allowed to retain two cents ($0.02)from the tax 40 collected on each disposable plastic bag. 41 B.Beginning January 1,2023,every retailer that collects a tax imposed by a county or city under 42 this article shall be allowed to retain one cent ($0.01)from the tax collected on each disposable plastic 43 bag. 44 C.Any retailer that retains a discount pursuant to this section shall account for it in the form of a 45 deduction when submitting its tax return and paying the amount due in a timely manner. 46 §58.1-1748.Administration. 47 The Tax Commissioner shall collect,administer,and enforce this tax in the same manner that he 48 collects,administers,and enforces the retail sales and use tax under Chapter 6 (§58.1-600 et seq.), 49 mutatis mutandis.However,the dealer discount provided under §58.1-622 shall not be allowed and the 50 revenues from the tax authorized under this section,after reimbursement of direct costs incurred by the 51 Department in administering,enforcing,and collecting this tax,shall be distributed by the Comptroller 52 to the respective county or city imposing the tax as soon as practicable after the end of each month for 53 which the tax is remitted.The Tax Commissioner shall develop and make publicly available guidelines 54 implementing the provisions of this article.Such guidelines shall be exempt from the provisions of the 55 Administrative Process Act (§2.2-4000 et seq.).ENROLLEDHB534ER11 Item b. Date of Meeting: July 13, 2021 # 8 BOARD OF SUPERVISORS FINANCE/GOVERNMENT OPERATIONS AND ECONOMIC DEVELOPMENT COMMITTEE INFORMATION ITEM SUBJECT: FY 2023 Budget Development: Economic Outlook and Budget Overview ELECTION DISTRICT: Countywide STAFF CONTACTS: Tim Hemstreet, County Administrator Caleb Weitz, Finance and Budget Megan Bourke, Finance and Budget Janet Romanchyk, Finance and Budget PURPOSE: The purpose of this item is to begin the planning process for and discussions of the FY 2023 Budget. This item is the first in a series of items that will be coming before the Finance/Government Operations and Economic Development Committee (FGOEDC) and the Board of Supervisors (Board) throughout the budget development process. This item provides an overview of the budget process, a brief economic forecast overview, and preliminary issues for FY 2023, notably regarding the tax rate. BACKGROUND: In July of each year, the FGOEDC begins a discussion of priorities and areas of focus for the annual budget development process that staff will consider during the summer and fall. Staff will then engage the FGOEDC to gain further direction and guidance, which generally includes tax rate guidance and identification of Board priorities. The FGOEDC and the Board provide preliminary budget guidance in October based on initial revenue and expenditure estimates. Final budget guidance is provided by the FGOEDC and the Board in December/January. This timing allows the Board to consider final budget guidance with the benefit of an up-to-date economic information and an expenditure estimate informed by refined department and Loudoun County Public Schools (LCPS) requests. ISSUES: This following outlook for the FY 2023 budget is divided into two sections. Section 1 highlights specific issues for Committee discussion and guidance. Section 2 provides a detailed overview of preliminary revenue forecasts and expenditure pressures for FY 2023. Information contained in this item is preliminary and based on staff’s current best understanding of the significant issues for budget development. This understanding will be refined through the FY 2023 budget development process. 12 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 2 SECTION 1: Issues for Committee Guidance The preliminary revenue outlook and expenditure forecasts for FY 2023 indicate a greater reliance on the real property tax rate than in recent years and expenditure priorities that could be out of balance with available revenues at the current rate of $0.980 per $100 of value. The details and assumptions that support staff’s preliminary analysis can be found in Section 2 of this item, but the framework of budget development for FY 2023 appears to – in terms of order of magnitude – reflect the high-level figures in Table 1 below. Table 1. FY 2023 Preliminary Revenue and Expenditure Variance from FY 20221 Estimated Variance Estimated Range (in millions) New Revenue at $0.980 $75 -110 New Expenditure Forecast $160-225 While this item is meant to relay planning level fiscal analysis, staff’s goal is to assist the FGOEDC and Board through a discussion of expenditure priorities and understanding of revenue availability as both forecasts become clearer during the development process. Table 1 demonstrates that at the current real property tax rate, available revenue and expenditure priorities do not balance for FY 2023. Even at the revenue upside of $110 million of new revenue, there is still a gap between expected revenues and forecasted expenditures. Figure 1 visually represents this issue. Figure 1. Comparison of FY 2023 Revenue and Expenditure Increase Estimates Typically, staff develops the budget proposal by applying new local tax funding first to any increases required for debt service payments and capital budget expenditures, and the remaining new local tax funding is then split between the County Government and LCPS, with 34 percent allocated to the County Government budget and 66 percent allocated to LCPS. For the County Government, the budget is developed with the following categories addressed prior to adding new 1 Table 1 summarizes detailed information found in Section 2 of this item and more specifically in Tables 2 and 4. 13 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 3 resources: compensation, opening new capital facilities, and base budget operating and maintenance increases. While staff is not yet requesting formal guidance from the FGOEDC on a specific tax rate for budget preparation, the FGOEDC could keep in mind the following questions as it considers the whole of this item and during its discussion: • Given the order of magnitude gap between revenue and expenditure forecasts, is the FGOEDC inclined to solve the gap with a revenue solution (e.g., increase to the real property tax rate), an expenditure solution (e.g., reduce or scale back expenditure priorities), or a combination of both? • Does the FGOEDC recommend changes in the prioritization for new expenditures in the FY 2023 budget compared with the traditional development methodology described above? • What issue area(s) and/or need(s) does the FGOEDC recommend be prioritized with new and/or additional resources in FY 2023? • Are there any specific policy or program proposals that the FGOEDC recommends staff develop for the fall budget development discussions? Budget Development Topics: Staff has developed a list of potential topics for the FGOEDC’s FY 2023 budget development process in the fall. This list includes staff’s understanding of potential Board priorities, preliminary information on organizational needs, and issues related to the refinement of the revenue outlook and is intended as a starting point for the FGOEDC’s discussion. Given the finite capacity staff will have to prepare items, guidance from the FGOEDC at this time will assist staff in identifying issues for discussion in the fall FY 2023 budget development process: • Revenue Projections for Computer Equipment Taxes & Personal Property Tax Policy • Collective Bargaining Administration • Unmet Housing Needs Strategic Plan Funding and Staffing • Local Administration of the Health Department • Purchase of Development Rights Program (study returning to the Board in fall 2021) • Department of Family Services Internal Operations and Intake Unit • Non-Profits – Competitive Process Update and Core Services • Development of an Indoor Sports Facility Capital Project Staff is requesting direction from the FGEODC on which topics listed above, in addition to any topics not listed, that should be prepared as FY 2023 budget development items for the FGOEDC’s fall discussions. These service level topics are indicative of how staff understands the Board’s FY 2023 budget priorities. 14 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 4 SECTION 2: Preliminary Overview of FY 2023 Budget Issues Budget Development Process While this item is the start of the FY 2023 budget development process with the Board, planning for the annual budget process is a year-round activity. Figure 2 provides a graphical representation of Loudoun’s budget cycle and the relative specificity of available forecasts and guidance, including internal staff processes and the development process with the Board. Figure 2. Loudoun’s Budget Development Process Early input from the Board ensures the Board’s priorities are appropriately addressed in the Proposed Budget. At the start of the budget process, the ability to influence options to address community and organizational needs is at its widest. As needs and resources to address those needs are refined through the budget development process in the fall, the overall budget picture becomes clearer. The Proposed Budget is the culmination of the year-long development process. Significant strategic direction shifts, new initiatives, or programs are difficult for the Board to address in the March work session process if they are not already included as an option for consideration in the budget proposal. Planning for FY 2023 Staff anticipates providing the first set of estimated available FY 2023 revenue forecasts to the FGOEDC at its October meeting and to the full Board at the second business meeting in October. At that time, the County and LCPS will be anticipating guidance from the Board on financial and policy parameters, including real property tax rate scenarios, as well as priorities that will inform the FY 2023 budget proposal. 15 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 5 The FY 2022 Adopted Budget provides the starting point for the development of the FY 2023 budget. The FY 2022 Adopted Budget addressed many departmental resource needs attributable to the County’s continued population growth, which has created pressure on both the operating and capital budgets. To address the current and growing service level needs of the County, the Board added 155.14 full-time equivalent (FTE) positions at a cost of $19.3 million. These new positions and funding allow for the opening of new capital facilities and address acute workload and staffing issues in 20 of the County’s 30 departments. Economic Outlook for FY 2023: Staff believes the overall economic outlook for Loudoun County to be more positive than the one on which the FY 2022 Adopted Budget was based. Staff monitors and evaluates several economic factors and forecasts to better understand how the economic outlook will affect the County’s budget. These factors include but are not limited to: gross domestic product (GDP), employment, inflation including consumer price index (CPI) and producer price index (PPI), and mortgage interest rates. These forecasts provide indicators for the County’s overall outlook, both on the revenue and expenditure sides of the budget. At a high level, the Loudon economy was not as negatively impacted by the pandemic as the U.S., Virginia (VA), or the Washington D.C. Metropolitan Statistical Area (MSA). Further, the Loudoun economy is expected to continue to outperform these geographies in the coming years. Consumer spending remains strong as business capacity restrictions are lifted. More information on the economic outlook, including forecasts and the status of the state and local economies can be found in Attachment 1. Residential home prices continue to appreciate due to strong demand and low interest rates. The real property sales report for activity for the first five months of 2019, 2020, and 2021 is included in Attachment 2. Overview of Preliminary Issues for FY 2023 Revenue To understand how to build a balanced budget for FY 2023, an understanding of the anticipated increases (or decreases) in revenue is critical, notably in real property and BPPT. The current real property tax rate is $0.98. Staff anticipates positive growth in revaluation. Additionally, staff anticipates growth in BBPT on computer equipment in data centers (the main driver of that tax revenue growth), however, the growth rate is anticipated to slow in the middle to later part of this decade as the data center market continues to mature. Other personal property, other local tax funding, and non-local tax funding are also expected see growth over FY 2022. Based on the current outlook, staff anticipates a greater reliance upon growth in the real property tax revenue to support expenditure increases. Table 2 provides a summary of preliminary ranges of potential revenue growth assuming an equalized real property tax rate and the current real property tax rate. 16 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 6 Table 2. Summary of Preliminary Ranges of Potential Local Tax Funding Revenue Growth Over FY 2022 Budget Category Estimated @ Equalized Tax Rate Estimated @ Current Tax Rate Total Revenue $45 - $75 M $70 - $110 M BPPT on Computer Equipment in Data Centers: The FY 2023 budget will likely need to be more reliant on growth of real property taxes than the past three budgets due to volatility and unpredictability in the growth rate of BPPT on computer equipment. Item 7 on the agenda explains in detail staff’s updated forecast for this revenue source compared with the FY 2022 budget. Staff will continue to refine the forecast in the coming months and believes growth is likely, although likely slower than traditional growth rates. Staff anticipates taking a more conservative approach to budgeting this revenue, given the typical challenges with forecasting this revenue and the unanticipated impacts of the pandemic on computer refreshment and outfit schedules. Table 3 displays the historical annual change in the budget for computer equipment taxes compared to real property taxes. More information will be shared with the Board in the fall as part of the FY 2023 budget development process. Table 3. Annual Change Computer Equipment Tax and Real Property Tax Budgets (in millions) Computer Equipment Taxes Real Property Taxes Fiscal Year Adopted Budget Annual Change Adopted Budget Annual Change 2017 $114.9 $31.5 $799.8 $25.9 2018 154.9 40.0 833.4 33.6 2019 209.6 54.7 866.4 33.0 2020 313.5 103.9 892.4 26.0 2021 394.5 81.1 951.8 59.4 2022 563.4 168.9 962.1 10.3 2022 Update 503.4 108.9 n/a n/a Due to the $60 million lower forecast for FY 2022 computer equipment tax revenue compared with budgeted revenue, as shown in Table 3 and detailed in DFB’s past quarterly update2, the first $60 million in forecast growth in this revenue source for FY 2023 will be used to simply reach base revenue. For example, if computer equipment tax revenue is forecast to grow by $90 million in FY 2023, the first $60 million would reach FY 2022 budgeted revenue levels, leaving only $30 million in new revenue for FY 2023 on a budget-to-budget basis. Real Property Tax Rate: Due to the slower growth in BBPT on computer equipment in data centers, the FY 2023 budget will be more reliant than in past years on real property tax revenue to 2 Item 3, Quarterly Report/FY 2021 Third Quarter Financial Update, Cash Proffer, and Debt Report, May 11, 2021 17 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 7 support growing expenditure needs. Based on the current tax rate of $0.980, the County can expect to add in a range of $40 to $70 million in this revenue. Actual amounts will depend on revaluation rates and new construction. Given the positive trajectory of the residential market (more information in Attachment 2), staff anticipates positive revaluation or tax year 2022. Assuming four percent appreciation and the current tax rate of $0.980, the average homeowner tax bill would increase by $218 to $5,660. Assuming appreciation is more consistent with TY 2021 appreciation rates (6.3 percent), the average homeowner tax bill would increase by $348 to $5,790. New Taxing Authority: In November 2020, the Board directed staff to pursue implementation of a cigarette tax and a disposable plastic bag tax. The draft ordinance for the cigarette tax is on the Board’s July 14, 2021, Public Hearing agenda, and would establish an excise tax of 40 cents per pack of 20 cigarettes, should it be approved by the Board. Staff has notified the Northern Virginia Cigarette Tax Board (NVCTB) of the County’s intent to adopt a cigarette tax and the desire for NVCTB to administer the tax. Given the lead time necessary for NVCTB to conduct outreach and register/bond wholesalers that provide cigarette products in Loudoun County, the effective date of the tax is November 1, 2021. Cigarette tax revenues were not included in the FY 2022 Adopted Budget and would represent new unrestricted General Fund revenues for FY 2023. In its November 2020 direction, the Board advised that the disposable plastic bag tax should not become effective until after January 1, 2022. Upon implementation, this tax is administered, collected, and enforced by the Virginia Department of Taxation. Staff anticipates implementation guidelines, to potentially include a draft ordinance, to be disseminated by the Virginia Department of Taxation over the summer and finalization to occur as soon as the end of 2021. The Code of Virginia § 58.1-1745 requires localities to a) adopt the tax with an effective date of the first day of a quarter and b) to provide a certified copy of the ordinance to the Virginia Department of Taxation at least three months prior to the effective date. Given these requirements and the timeline for implementation guidelines from the State, staff anticipates that the earliest such a tax could become effective in Loudoun County is April 1, 2022. In accordance with the Code of Virginia, revenues generated by the tax are restricted for specific programs including environmental cleanup, providing education programs designed to reduce environmental waste, mitigating pollution or litter, and providing reusable bags to recipients of Supplemental Nutrition Assistance Program (SNAP) or Women Infants, and Children (WIC) benefits. Overview of Preliminary Issues for FY 2023 Expenditures Development of the expenditure budget for FY 2023 will begin with the base budget established by the FY 2022 Adopted Budget, then look to increases in debt service and capital budget needs, compensation increases, base budget adjustments, the LCPS request, Board priorities, current service level needs, and remaining department requests. A major component of the operating budget includes personnel costs and market and merit increases, which drive year-over-year increases in personnel expenditures. The fiscal impact of these components of the operating budget are being refined by staff and will be included in the FY 2023 Proposed Budget. Base budget 18 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 8 adjustments include yearly cost increases such as contractual or lease increases. As the County’s population continues to grow, demand for services continues to increase, including new expenditure pressures for LCPS and current service level needs for the County. The County’s Capital Improvement Program (CIP) and debt service needs continue to grow to meet the Board and School Board’s priorities. Strategic areas of focus for the Board affect budget development. For FY 2023, these areas of focus include collective bargaining, affordable housing, and equitable access to capital facilities, among others. Additionally, throughout the early part of the budget development process, staff will bring issues which may benefit from feedback from the FGOEDC and allow staff sufficient time to prepare resource requests for inclusion in the proposed budget and consideration by the Board. Table 4 provides estimated ranges in year-over-year increases for the expenditure categories introduced above for FY 2023, generally based on historical increase levels. Table 4. Summary of Preliminary Estimates of New Local Tax Funding Expenditure Needs (in millions) Category Estimated Increase Compensation $10-18 Base budget adjustments 10-12 LCPS 85-1253 Debt and CIP 30-40 Affordable Housing 5 Other Board Priorities 5 Other Resource Requests 15-20 Total Estimated Increase $160-225 FY 2023 Operating Budget Employee Compensation: In September 2017, the Board adopted a new compensation philosophy that targets delivering employee compensation within a range of 95 to 105 percent of the competitive market. The County’s competitive market was defined as Arlington, Fairfax, and Prince William Counties and the City of Alexandria. To maintain the County’s market position, the County Administrator may recommend merit increases for the general workforce, step increases for public safety personnel, and/or adjustments to the salary ranges for each grade in the County’s classification system as part of the Proposed Budget. To inform any recommended adjustments to employee pay, staff evaluates a variety of factors, including surveying the County’s four official comparators for any pay increases they may be considering. A comparison of Loudoun’s pay increases over the last two fiscal years to other jurisdictions in the competitive market is shown in Table 5. While it is too early to have insight 3 This is a preliminary planning number subject to refinement. In the past three fiscal years, the local tax funding transfer increase has been in a range of approximately $65-80 million. 19 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 9 into potential increases in the competitive market for FY 2023, it is possible that Loudoun’s comparators will provide larger salary increases in their FY 2023 budgets than in FY 2021 or FY 2022, due to the post-COVID economic recovery and to compensate for two years with minimal or no compensation increases. Table 5. Recent Salary Increases in the Competitive Market4 FY 2021 FY 2022 Loudoun County 3.5% Merit (general workforce), Step increase (public safety) 3.0% Merit (general workforce), Step increase (public safety) Arlington County None 1% Merit (general workforce and public safety) City of Alexandria None 2.3% to 5% Merit increase Fairfax County None 1% Merit (general workforce and public safety) Prince William County None 3% Merit (general workforce and public safety) For FY 2023, in addition to evaluating whether to recommend any merit/step increases, staff will also have to evaluate whether to recommend adjustments to salary ranges. The current salary ranges have not been adjusted since they were implemented in FY 2020 following the second phase of the Classification and Compensation study. For the general workforce, adjusting salary ranges has a minimal fiscal impact. Only employees whose salaries would fall below the new range minimum would receive a salary increase to the new minimum of the range. However, for the public safety grade and step plans, employee pay is set equal to the value of each step. Salary range adjustments would increase the value of each step, resulting in an increase to employee pay. If a salary range adjustment is approved in addition to a step increase, these increases would have a cumulative effect, i.e., a public safety employee receiving a two percent range adjustment and a 3 percent step increase would see a cumulative pay increase of just over five percent. The total increase to public safety pay may need to be considered in relation to the merit increase recommended for the general workforce if it is desired to provide all employees with pay increases of a similar magnitude. As employee compensation is one of the largest expenses in the County’s operating budget, pay increases can significantly impact the overall budgetary picture. Table 6 below summarizes the estimated fiscal impact of providing different types of compensation increases for FY 2023. Table 6. Estimated Costs of Compensation Increases for FY 2023 4 These figures reflect any increases to base salaries. Some jurisdictions, including Prince William County in FY 2021, and Arlington County and the City of Alexandria in FY 2022, approved one-time bonuses that did not increase base pay rates. 20 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 10 Type of Increase Increase Amount Estimated Cost for FY 2023 Merit Increase (General Workforce) Per percentage point (each 1% increase) $2.3 million Step Increase (Public Safety) One step (3% increase for most personnel) $3.1 million Salary Range Adjustment (Public Safety) Per percentage point (each 1% increase) $1.2 million Collective Bargaining: With changes to the Code of Virginia effective May 1, 2021, localities now have the option to pass a local ordinance or resolution providing for collective bargaining with labor unions or employee associations. On April 20, 2021, the Board voted (6-3: Supervisors Buffington, Kershner and Letourneau opposed) to direct staff to return to the Board with options for a local ordinance authorizing the traditional model of collective bargaining. Staff is currently working with Board leadership to refine the desired options for an ordinance to bring to a future business meeting. For FY 2023, staff is continuing to analyze and plan for the anticipated impacts of implementing collective bargaining, though at present, staff anticipates requesting four new positions. Depending on the nature of the ordinance adopted by the Board, support needs could be greater. An ordinance providing for bargaining over more complex topics such as working conditions, grievances, and discipline could require additional staffing needs to support areas such as employee relations and legal services. These anticipated workload demands will primarily impact the Office of the County Attorney and the Departments of Human Resources and Finance and Budget (DFB). To date, a total of 8.00 FTE has been added for collective bargaining support: three positions were added at FY 2021 mid-year, and five positions were added in the FY 2022 Adopted Budget. Based on the provisions of the adopted ordinance, and any bargaining units that obtain bargaining rights, staff will anticipate and analyze potential fiscal and operational impacts that could result from negotiated bargaining agreements. Staff anticipates that due to current timing, the first budget development cycle that could incorporate a full traditional collective bargaining process would likely be FY 2024. Currently, no local ordinance providing for collective bargaining has been adopted, and no labor union or employee association has petitioned for bargaining rights, so there is insufficient time to negotiate formal agreements as part of the FY 2023 budget development process. However, staff is currently examining the possibility of holding an informal consultation process to engage labor unions/employee associations already active within the County for FY 2023 budget development. This would keep labor unions/employee associations involved in discussions on compensation and any recommended increases to employee pay in the FY 2023 Proposed Budget. Further, these discussions may raise other employment-related issues that could be studied or otherwise addressed prior to the full implementation of collective bargaining. Board Priorities: The FY 2022 budget marked the first complete budget development process for the current Board. Board priorities include items such as changes to identified service levels and modification and/or expansion of programs or new initiatives. Board initiatives from the FY 2022 21 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 11 budget impacting the operating budget included expansion of the Adult Drug Court, expansion of body-worn cameras, collective bargaining, a communications team, a trail crew, and expansion of the Youth After School program. For FY 2023, in addition to the continuation of many FY 2022 Board priorities, staff anticipates significant focus on affordable housing and linear parks and trails. Affordable Housing: During the FY 2022 budget process the Board forwarded consideration of $5 million in funding for affordable housing to the FY 2021 General Fund balance allocation process in December 2021. Staff anticipates that sufficient fund balance will be available for this allocation. For FY 2023, the Board could consider dedicating a half cent of revenue from the real property tax rate to address affordable housing needs. This would equate to approximately $5 million in annual reoccurring funding. FY 2023 Capital Budget The FY 2023 budget process will include the development of the FY 2023 through FY 2028 CIP. The FY 2023 budget process represents the first opportunity of the current Board to contribute to the development of a full six-year CIP. At the October 13, 2020 FGOEDC meeting,5 staff presented an overview of how the Board might choose to prioritize and add projects to the CIP. Staff reviewed historic funding decisions of past Boards and the patterns that have emerged of the relative priority of County (non-Transportation) projects, Transportation projects, and Schools projects. Generally, the Board has allocated funding on average 30 percent, 40 percent, and 30 percent respectively to those three categories since FY 2011. When local tax funding (LTF) and debt are isolated, funding allocations for those two sources are, on average, dedicated to County projects at 35 percent, Transportation at 25 percent, and Schools at 40 percent, as shown in Table 7 below. Table 7. Historic CIP Funding Ratios County Transportation Schools Overall Funding Split 30% 40% 30% Split of LTF and Debt 35% 25% 40% The six-year period of the CIP (especially Years 4 through 6) are purposefully over programmed, both in terms of the number of projects and, though to a lesser degree, each project’s budget. Projects in the latter part of the CIP move to the front of the CIP at different speeds, depending upon relative complexities of the project or its budget. Even if a project entered the six-year period in Year 6, it could remain in Year 6 for one or two iterations of subsequent CIPs as its scope is refined, funding sources are identified, other projects are prioritized, and staff resources are secured for its execution. Over programming the number of projects is important to absorb the 5 Item 19, FY 2022 Budget Development: Prioritizing Future Fiscal Year Projects of the Capital Improvement Program, October 13, 2020 22 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 12 capacity created by projects advancing at different speeds. Further, initial project estimates are developed with high levels of contingencies and allowances. Cost estimates of construction during the planning and early design phases can range from 200 percent low to 50 percent high, and such high variability is managed by contingencies that are right sized at each design milestone. Unlike the operating budget, which can be relatively quickly re-focused on Board priorities as they evolve year-over-year, the capital budget is a product of past Boards’ priorities and must cycle through multiple budget development processes before different priorities can be heavily featured (without canceling or delaying existing projects). Furthermore, in quickly developing localities such as Loudoun, the nature of the CIP will benefit the portions of the County that continue to experience growth, especially greenfield growth where no facilities exist. As more areas of the County become “built out,” resource needs should shift between new facility construction and maintaining and renovating existing facilities, which is why the Board has continued to prioritize funding for both the County and LCPS’ Capital Asset Preservation Programs and their renovation and renewal programs. The internal budget process of building the CIP utilizes many sets of criteria and priorities and sources for potential projects. The current Board has indicated its interest in prioritizing CIP funding for recurring projects, including the Intersection Improvement Program and the Sidewalk and Trails Program; recurring projects consume approximately 25 percent of all CIP funding. In addition, the Board has also indicated its interest in evaluating the addition of projects to the CIP through the Board’s strategic focus area of building equitable communities and creating geographic equities for services and facilities throughout the County, as well as an interest in understanding which facilities are called for according to the County’s facility planning documents, including the Capital Facility Standards and Capital Needs Assessment (CNA). The following list is the typical criteria staff utilize during CIP budget development: • Program new projects in the latter part of the CIP six-year period, unless there is a compelling reason to do otherwise; • Maximize and leverage the use of non-local source revenues, especially for Transportation projects; • Fully incorporate enrollment-driven facility needs from the School Board’s adopted CIP; • Adequately fund CIP contingencies and land acquisition accounts to support existing CIP projects; • Adequately fund capital renovation and renewal programs to maintain existing capital facilities for their long-term use and viability; • Align budgets of recurring projects with Board direction and priorities; • Address scope and funding adjustments of existing projects before adding new projects; 23 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 13 • Accommodate Board-requested projects as funding capacity exists, or request offsets of existing capital projects to accommodate them; and • Fund Town requests only if County projects and Board priority projects will not be impacted. There are multiple sources that serve as a basis for identifying projects to introduce to the capital budget process, including the CNA, Countywide Transportation Plan (CTP), the Missing Links Study, and various departmental master facility planning documents. DFB is currently working to update the CNA for the FY 2029 through FY 2038 time period. The CTP was updated as part of the 2019 Comprehensive Plan process. The Missing Links Study was completed by staff in 2013; staff would like to discuss the potential update of this study as part of the FY 2023 budget process to inform the FY 2024 or FY 2025 capital budget process. Recent Board discussions, including those about the Parks, Recreation and Community Services Master Plan, Linear Parks and Trails study, and the Transit and Transportation Summits, will play a significant role in informing how staff constructs the budget proposal and adds specific projects to the capital budget. Projects that have already been prioritized by past and current Boards, which appeared in the FY 2022 CIP as Projects Identified for Future Development or were referred to the FY 2023 budget for further prioritization, provide additional sources for prioritization. Below is the table from the FY 2022 Adopted Budget section Projects Identified for Future Development. This list of projects, while not exhaustive, will serve as a guide for how staff prepares the FY 2023 through FY 2028 CIP, focusing especially on Years 5 and 6. Staff would ask Board members to advise if this list is deficient in project areas or specific improvements and will work with Board offices to ensure priorities are clarified during the early stages of budget development. Finally, departments identify their own needs to either confirm what is called for in facility planning documents or justify why additional projects are necessary to continue the departments’ ability to deliver services. These discussions occur in conjunction with the development of the operating budget and will be initiated by DFB in the next month. Table 8. Projects Identified for Future Development (FY 2022 CIP) Project Functional Area Southern Services Center General Government Adolescent Independent Living Residence Health and Welfare Goose Creek Stream Valley Linear Park Parks, Recreation, and Culture Purcellville Library Parks, Recreation, and Culture STEM Library Parks, Recreation, and Culture Teen Center Parks, Recreation, and Culture Courts Evidence Storage Facility Public Safety 24 Item b. Item 8, FY 2023 Budget Development: Economic Outlook and Budget Issues Finance/Government Operations and Economic Development Committee July 13, 2021 Page 14 Project Functional Area Fire and Rescue - Station #05/#17 - Hamilton Station Replacement Public Safety Fire and Rescue - Station #29 - Old Ox Road (Route 606) Station Public Safety Fire and Rescue Training Tower Public Safety Juvenile Detention Center – Phase II Public Safety Belmont Ridge Road – Arcola Mills Drive to Shreveport Drive* Roads Braddock Road, Segment 2B – Loudoun Cunty Parkway to Bull Run Post Office Road Roads Braddock Road, Segment 3 – Bull Run Post Office Rd to Fairfax County Line Roads Davis Drive Bridge Roads Dulles Greenway Interchange at Loudoun County Parkway Improvements Roads Route 7 Improvements, Phase 3: Route 9 to Dulles Greenway, Segment 3 Roads Route 7 Improvements, Phase 4 – Route 9 to Route 704 Roads Route 7 Improvements, Phase 5 – Route 704 to Route 287 Roads Route 7 Improvements, Phase 6 – Route 287 to Route 690 Roads Route 50 / Loudoun County Parkway Interchange Roads Route 50 Widening from Loudoun County Parkway to Tall Cedars Parkway Roads Ashburn Road Improvements Sidewalks, Signals, and Traffic Calming Traffic Signal Storage Facility Sidewalks, Signals, and Traffic Calming ATTACHMENTS: 1. FY 2023 Economic Forecast 2.Real Property Residential Sales Report 25 Item b. FY 2023 Economic Outlook July 2021 The Economy (Broadly) Staff monitors and evaluates several economic factors and forecasts to better understand how the economic outlook will affect the County’s budget. These factors include but are not limited to gross domestic product (GDP), employment, consumer price index (CPI), producer price index (PPI), and mortgage interest rates. These forecasts provide indicators for the County’s overall outlook, both on the revenue and expenditure sides of the budget. Gross Domestic Product: GDP is often a focus of economic discussions as it provides information on the size of the economy and how the economy is performing. The GDP growth rate often is used as an indicator of the general health of the economy. The COVID-19 pandemic caused an across-the-board decline in GDP, plunging the economy into a recession in the second quarter of 2020. This recession was unique, as business re-openings over the summer of 2020 spurred the start of recovery just one quarter after the recession. Figure 1 displays the May 2021 baseline forecasts1 from Moody’s Analytics for the annual change in GDP for the United States (U.S.), Virginia (VA), the Washington, D.C. Metropolitan Statistical Area (MSA), and Loudoun. As shown, the U.S. was more negatively impacted by the pandemic compared to Loudoun, and Loudoun is anticipated to recover at a more significant rate. Figure 1. Annual Change in GDP Figure 2 better illustrates the trend in GDP for the four geographies using 2017 as a base year. This chart further illustrates the more optimistic trajectory for Loudoun compared to the other geographies. 1 By definition, the probability that the economy will perform better than the baseline forecast is equal to 50 percent, the same probability that it will perform worse. 5.3%3.8%-2.1%9.4%6.9%4.5%-6.0% -4.0% -2.0% 0.0% 2.0% 4.0% 6.0% 8.0% 10.0% 12.0% 2018 Actual 2019 Actual 2020 Actual 2021 Forecast 2022 Forecast 2023 Forecast US VA MSA Loudoun Attachment 1 26 Item b. FY 2023 Economic Outlook – Page 2 Attachment 1 Figure 2. GDP Trend The GDP forecast does not reveal that an uneven recovery is taking place. Given the variety of impacts of the COVID-19 pandemic, each business sector was affected differently. For example, some sectors continued to perform or were boosted by the increased use of virtual environments, whereas the hospitality and retail sectors experienced significant declines in business activity. In considering the FY 2023 outlook, staff will consider how different sectors were affected by the pandemic and how quickly they are anticipated to recover. This will be particularly relevant in forecasts of commercial real property values and business tax revenues. Employment: Like GDP, Loudoun’s employment has performed better than national employment. Figure 3 illustrates the year-over-year change in employment of the U.S., VA, MSA, and Loudoun. As shown, the U.S. is forecasted to see more significant employment growth in 2021 than the other geographies. This is, at least in part, due to the stricter COVID-19 restrictions on businesses in the region, as compared to other areas across the country. Figure 3. Annual Change in Employment 0.80 0.90 1.00 1.10 1.20 1.30 1.40 2017 Actual 2018 Actual 2019 Actual 2020 Actual 2021 Forecast 2022 Forecast 2023 Forecast US VA MSA Loudoun 3.1%3.7%-5.3%1.1%4.3%3.1%-8.0% -6.0% -4.0% -2.0% 0.0% 2.0% 4.0% 6.0% 2018 Actual 2019 Actual 2020 Actual 2021 Forecast 2022 Forecast 2023 Forecast US VA MSA Loudoun 27 Item b. FY 2023 Economic Outlook – Page 3 Attachment 1 As Figure 3 indicates, the U.S. is forecasted to experience stronger growth in employment for 2021 than Loudoun, while Loudoun’s outlook for 2022 and 2023 shows more growth. Despite the less optimistic growth rate for Loudoun in 2021, Loudoun’s overall employment trend is still more positive than other geographies. Figure 4. Employment Trend Inflation: Inflation can be interpreted through the analysis of CPI and PPI. CPI measures the average cost changes of goods and services for consumers, whereas PPI measures the average cost changes of goods and services over time based on the selling prices from the producers’ perspective. Forecasts indicate an increase to the CPI for the MSA, which could create expenditure pressures for the FY 2023 budget due to higher costs of goods and services. In recent years, growth in the CPI for the U.S. has been greater than the CPI for the MSA. However, Moody’s has forecasted that as the economy recovers, the increase in the CPI for the MSA will be greater than that for the U.S. in 2021 through 2023, as shown in Figure 5. A larger CPI increase will cause a higher increase to the cost of goods locally than to costs nationally. Figure 5. CPI 0.90 0.95 1.00 1.05 1.10 1.15 2017 Actual 2018 Actual 2019 Actual 2020 Actual 2021 Forecast 2022 Forecast 2023 Forecast US VA MSA Loudoun 2.4% 1.8% 1.2% 2.7%2.4%2.3% 1.9% 1.3% 0.8% 3.2%3.0% 2.5% 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 2018 Actual 2019 Actual 2020 Actual 2021 Forecast 2022 Forecast 2023 Forecast US MSA 28 Item b. FY 2023 Economic Outlook – Page 4 Attachment 1 Staff has also been tracking inflation as it relates to construction materials for capital projects, as shown in Figure 6, which displays the U.S. Bureau of Labor Statistics’ PPI. As shown, the cost of construction materials since April 2020 has been significant. Accordingly, staff is monitoring construction bids as they are received to understand the impact of the cost of materials on the County’s capital projects. More information on this topic can be found in the Department of Transportation and Capital Infrastructure (DTCI)’s quarterly capital projects report, also on the July 13, 2021, FGOEDC agenda. Figure 6. Producer Price Index, Cost Changes of Construction Materials since April 2020 Mortgage Interest Rates: Mortgage interest rates are valuable indicators to monitor due to their influence on the housing market and, therefore, anticipated revenues. Most recently, low interest rates have led to increased refinancing activity which in turn has boosted recordation tax revenue. Low interest rates can also drive demand for housing as first-time buyers seek to take advantage of low rates. While mortgage rates are expected to increase in the future, Moody’s forecasts that levels in 2023 will be similar to 2018, as shown in Figure 7. Mortgage interest rates also reflect efforts by the Federal Reserve to respond to the economic impact of the COVID-19 pandemic by purchasing mortgage-backed securities. 127% 121% 57% 115% 67% -40% -20% 0% 20% 40% 60% 80% 100% 120% 140% 160% Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 Feb-21 Mar-21 Apr-21PPI Percent Changes (%)No. 2 Diesel Fuel Softwood Lumber Prefabricated Structural Members Softwood Veneer and Plywood Steel Mill Products 29 Item b. FY 2023 Economic Outlook – Page 5 Attachment 1 Figure 7. Mortgage Interest Rates Forecast Risks: While the current forecasts are optimistic about the future, Moody’s Analytics has identified risks to the May 2021 baseline forecast. Downside risks include tightening in financial market conditions and labor supply constraints, while upside risks include herd resilience to the COVID-19 virus being achieved sooner than expected (65+ percent of U.S. adults vaccinated by July 17, 2021) and a greater level of savings leading to greater consumer spending. State Revenue Outlook The month of May is typically a significant month for state revenue collections. The state reported in June 2021 that on a fiscal year-to-date basis, total revenue collections advanced 17.8 percent, above the annual forecast of 2.7 percent growth. Much of this advancement has been attributed to a return to normal filing deadlines (deadlines were extended last year). Much of the state revenue comes from payroll withholdings, but the June 2021 release noted that sales and use tax collections were up 11.1 percent on a fiscal year-to-date basis, ahead of the annual forecast of 4.7 percent growth. Similar to the trends seen in Loudoun, the state reported year-over-year declines in interest income attributed to record low interest rates and significant growth in revenue from wills, suits, deeds, and contracts, which are up 41.1 percent fiscal year-to-date. The Virginia Secretary of Finance traditionally presents a financial and economic review of State General Fund revenues as well as a preliminary economic outlook for the nation and the state in August. Loudoun’s Economy Consistent with the normal budget process, many assumptions for the FY 2022 budget were prepared in the fall of 2020. However, uncertainty remained about the trajectory of the economy and its recovery, as the number of COVID-19 cases around the globe continued to increase during preparation of the FY 2022 budget. Staff’s conservative approach was consistent with the uncertainty at the time and the deliberate approaches typically taken to produce $40 million in fund balance from a combination of revenue over performance and expenditure savings were 4.5% 3.9% 3.1%3.4% 4.1%4.4% 0.0%0.5% 1.0% 1.5%2.0% 2.5%3.0% 3.5% 4.0%4.5% 5.0% 2018 Actual 2019 Actual 2020 Actual 2021 Forecast 2022 Forecast 2023 Forecast U.S. Mortgage Rates: 30 year fixed 30 Item b. FY 2023 Economic Outlook – Page 6 Attachment 1 accomplished in an effort to isolate the uncertain FY 2021 revenue picture and to avoid negative impacts to the FY 2023 development process.2 Staff believes there is strong upside potential in FY 2023 compared to FY 2022’s Adopted Budget, similar to the improvements seen in the FY 2021 forecast over FY 2022 relating to business activity, above average refinancing activity, and increased consumer spending. Upside examples include sales and use taxes; vehicle taxes; and business, professional, and occupational license (BPOL) taxes, which have all outperformed earlier forecasts. Sales and use tax is forecasted to end FY 2021 with double digit growth compared to FY 2020. Some of this growth is likely isolated , as families and individuals received stimulus payments or spent money locally that would have otherwise been spent on recreation and travel outside of Loudoun during the COVID-19 pandemic. Similarly, judging from 2021 business tax filings overall, businesses that provide services to other businesses experienced a significant amount of growth in FY 2021 (over 20 percent) compared to FY 2020. This is likely due to the increased cleaning services provided to businesses during the pandemic. Used vehicle values have not declined as anticipated, in large part due to the limited supply of new vehicles, as factories slowed production in 2020 because of the pandemic and in 2021 due to microchip supply shortages. Staff will continue to engage members of the Revenue Committee over the next few months to understand the improved performance in calendar year 2020 and what that means for the FY 2023 outlook. Residential Real Estate Market: Home values appreciated at a higher-than-normal rate during 2020, which led to residential revaluation rates of 6.33 percent. Sales of existing homes continue to trend positively despite the pandemic, while new construction appears to have been hampered by the pandemic and supply chain constraints. While it is likely that home values will continue to appreciate, the level of appreciation is somewhat uncertain. Loudoun has struggled with home affordability, an issue that will only be exacerbated if homes continue to appreciate at higher-than-normal rates. Monthly data reported from Bright Multiple Listing Service (MLS) indicate existing home sales for April and May 2021 were more consistent with levels typically seen over the summer months. Between January and May 2021, there were over 3,100 existing homes sold, much more than is typical (2,294 sales in 2020 and 2,391 in 2019 January through May). The average monthly median price is $587,614, up 13.3 percent compared to the same period in 2020. Strong prices reflect increased demand, while supply remains constrained. Homes were only on the market an average of 7 days in May 2021. Figure 8 illustrates existing residential units sold by month. 2 The budget development strategy typically utilized to plan for and prepare the Capital Improvement Program (CIP) includes leveraging year-end fund balance for one-time purposes in the capital budget. In the past, the Board has programmed up to $40 million of prior year fund balance into the upcoming budget. 31 Item b. FY 2023 Economic Outlook – Page 7 Attachment 1 Figure 8. Existing Residential Units Sold by Month (2017-2021) Building permits for new residential units slowed in 2020, a trend which has continued in 2021 likely due to supply constraints. Residential permit activity is down 13 percent through May 2021, with single-family detached down three percent, single-family attached up 16 percent, and multi-family down 38 percent. Figure 9 displays just how constrained residential permit activity has been in 2021. The higher activity reported in May 2021 reflects the permitting of 118 multi-family units. Figure 9. Residential Permit Activity The Real Property Sales Report3 (Attachment 2) combines the existing home market and the new construction market (deliveries, not permits). There have been fewer distressed sales in 2021 as demand remains strong. Consistent with the permit trends, sales from new construction are down overall, but are mixed by type, with single-family new construction sales up 20.9 percent from 2020 and duplex, townhome, and condominium sales down 46.6 percent compared to 2020. 3 The Real Property Sales report is prepared using County real property transaction records omitting those transactions that do not appear to have been at arms-length or were not market sales. - 100 200 300 400 500 600 700 800 900 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec 2021 2020 2019 2018 2017 - 100 200 300 400 500 600 700 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec 2017 2018 2019 2020 2021 5-Year Avg 32 Item b. FY 2023 Economic Outlook – Page 8 Attachment 1 The FY 2022 budget assumed residential revaluation of 2.25 percent for January 1, 2022, values. The data presented here suggest the portfolio will perform better than forecasted. For each percentage of improvement above the adopted budget assumptions, staff estimates additional revenue of $3.5 million for FY 2022. Commercial Property Market: The COVID-19 pandemic resulted in overall declines in the value of the commercial and industrial real property portfolio. While not all property types were negatively affected, and actual revaluation rates varied greatly between sectors, overall values declined 5.68 percent for commercial/industrial. Staff believes the January 1, 2021, assessed values likely represented the bottom of the pandemic and that overall, the commercial and industrial portfolio will see some growth during 2021. The size of the growth depends on how quickly businesses can rehire and train workers to deliver pre-pandemic levels of service. Attaining pre-pandemic levels of service will take longer in some sectors, particularly retail and hospitality. Multi-family properties did not experience a decline in values last year, but revaluation was lower than normal – 1.9 percent compared to 3.45 percent in the prior year. Staff anticipates multi-family values to remain stable for January 1, 2022. While the composition has shifted, commercial permit activity through May 2021 is consistent with the same period in 2020, but well below the significant level of investment seen in 2019. Figure 10 displays the permitted square feet by category through May for 2019, 2020, and 2021. Data centers are included in the flex category. Figure 10. New Commercial Building Permit Activity (square feet) - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 Office Flex Industrial Retail CY 2021 CY 2020 CY 2019 33 Item b. Real Property Residential Sales Report (January – May) July 2021 Attachment 2 REAL PROPERTY RESIDENTIAL SALES REPORT (JANUARY – MAY) July 2021 All Residential Types Distressed Sales New Construction Pending Sales Valid Sales Total Sales Number Avg. Price Number Avg. Price Number Avg. Price Number Avg. Price Number Avg. Price 2019 64 $441,637 816 $681,725 2196 $518,819 3076 $560,429 Jan 11 $416,131 137 $723,458 259 $510,486 407 $579,625 Feb 16 $411,379 128 $681,391 261 $502,465 405 $555,416 Mar 10 $419,137 178 $664,673 461 $514,291 649 $554,070 Apr 14 $529,744 182 $683,682 508 $519,402 704 $562,078 May 13 $422,883 191 $666,042 707 $530,441 911 $557,336 2020 32 $528,273 823 $692,873 2004 $558,824 2859 $597,070 Jan 10 $651,459 138 $676,305 244 $509,517 392 $571,854 Feb 5 $450,620 162 $686,802 264 $547,191 431 $598,546 Mar 7 $449,669 168 $705,055 478 $555,487 653 $592,832 Apr 7 $552,057 171 $707,981 529 $577,741 707 $608,987 May 3 $374,986 184 $685,482 489 $572,505 676 $602,380 2021 13 $518,523 643 $827,065 172 $689,430 2759 $637,986 3587 $673,914 Jan 4 $372,450 116 $767,289 8 $396,363 369 $597,072 497 $631,762 Feb 4 $620,500 139 $773,378 362 $604,875 505 $651,379 Mar 2 $465,500 165 $824,446 2 $546,000 596 $634,927 765 $675,128 Apr 3 $612,667 127 $873,821 18 $643,953 745 $650,564 893 $682,055 May 96 $919,674 144 $713,388 687 $666,424 927 $699,946 Change from 2020 -59.4% -1.8% -21.9% 19.4% n/a n/a 37.7% 14.2% 25.5% 12.9% Change from 2019 -29.7% -2.2% -22.1% 19.7% n/a n/a 34.4% 15.3% 23.7% 13.7% 34 Item b. Real Property Residential Sales Report (January – May) July 2021 Attachment 2 Single-Family Homes Distressed Sales New Construction Pending Sales Valid Sales Total Sales Number Avg. Price Number Avg. Price Number Avg. Price Number Avg. Price Number Avg. Price 2019 36 $560,175 359 $843,736 980 $653,106 1375 $700,445 Jan 6 $562,574 73 $846,180 116 $652,936 195 $722,498 Feb 8 $526,820 53 $827,493 113 $641,039 174 $692,581 Mar 5 $577,553 78 $822,560 194 $654,983 277 $700,773 Apr 10 $594,241 79 $854,172 219 $651,155 308 $701,380 May 7 $535,160 76 $863,599 338 $657,386 421 $692,580 2020 19 $648,897 301 $885,112 993 $687,587 1313 $732,309 Jan 7 $795,592 52 $860,106 110 $645,636 169 $717,838 Feb 3 $577,667 61 $878,661 128 $686,640 192 $745,944 Mar 4 $535,013 61 $872,548 240 $674,120 305 $711,981 Apr 4 $616,100 63 $909,576 275 $701,268 342 $738,645 May 1 $422,450 64 $899,470 240 $705,111 305 $744,968 2021 10 $518,380 364 $998,804 63 $872,209 1278 $808,315 1715 $849,402 Jan 3 $353,267 62 $939,879 179 $755,979 244 $797,756 Feb 3 $700,000 67 $964,922 160 $787,755 230 $838,220 Mar 2 $465,500 93 $985,647 267 $806,112 362 $850,354 Apr 2 $546,500 76 $1,052,842 4 $716,964 330 $838,784 412 $875,669 May 66 $1,044,868 59 $882,734 342 $817,647 467 $857,983 Change from 2020 -47.4% -20.1% 20.9% 12.8% n/a n/a 28.7% 17.6% 30.6% 16.0% Change from 2019 -25.0% -23.3% 17.5% 13.5% n/a n/a 29.1% 18.5% 29.2% 16.7% 35 Item b. Real Property Residential Sales Report (January – May) July 2021 Attachment 2 Duplex, Townhome, and Condominium Sales Distressed Sales New Construction Pending Sales Valid Sales Total Sales Number Avg. Price Number Avg. Price Number Avg. Price Number Avg. Price Number Avg. Price 2019 28 $289,231 457 $554,457 1216 $410,594 1701 $447,247 Jan 5 $240,400 64 $583,480 143 $394,933 212 $448,208 Feb 8 $295,938 75 $578,145 148 $396,662 231 $452,097 Mar 5 $260,720 100 $541,522 267 $412,066 372 $444,832 Apr 4 $368,500 103 $552,918 289 $419,562 396 $453,732 May 6 $291,893 115 $535,482 369 $414,162 490 $441,138 2020 13 $351,976 522 $582,023 1011 $432,353 1546 $482,213 Jan 3 $315,150 86 $565,170 134 $397,776 223 $461,220 Feb 2 $260,050 101 $570,927 136 $415,945 239 $480,135 Mar 3 $335,878 107 $609,568 238 $435,857 348 $488,406 Apr 3 $466,667 108 $590,384 254 $444,001 365 $487,500 May 2 $351,255 120 $571,356 249 $444,693 371 $485,158 2021 3 $519,000 279 $603,003 109 $583,786 1481 $491,004 1872 $513,143 Jan 1 $430,000 54 $569,129 8 $396,363 190 $447,366 253 $471,673 Feb 1 $382,000 72 $595,136 202 $460,020 275 $495,112 Mar 72 $616,228 2 $546,000 329 $496,001 403 $517,729 Apr 1 $745,000 51 $607,043 14 $623,092 415 $500,895 481 $516,214 May 30 $644,247 85 $595,841 345 $516,515 460 $539,503 Change from 2020 -76.9% 47.5% -46.6% 3.6% n/a n/a 46.5% 13.6% 21.1% 6.4% Change from 2019 -35.7% 57.7% -53.2% 3.8% n/a n/a 38.7% 14.3% 19.2% 6.9% 36 Item b. 37Item b. 38Item b. Date of Council Meeting: August 9, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Liberty Lot Property - Potential Public Private Partnership Project Staff Contact: Russell Seymour, Economic Development Director Christopher P. Spera, Town Attorney Council Action Requested: Provide direction to staff regarding the type of public private partnership that might be pursued on the Liberty Lot property. Staff Recommendation: No staff recommendation at this time. Commission Recommendation: None at this time. Fiscal Impact: None at this time. Dependent upon on Council direction. Work Plan Impact: None at this time. Dependent upon Council direction. Executive Summary: At their May 10, 2021 Work Session, Council discussed redevelopment interest in the Liberty Street parking lot. At the conclusion of discussion, it was the consensus of Council for staff to proceed with issuing a Request for Proposals (RFP) for a potential public private partnership for the property (PPP). See Attachment #1. In order to move forward, Council also requested a follow up work session to confirm parameters for redevelopment, and how a PPP might be pursued for the property which is approximately 2 acres in size. For the purposes of discussion at the August 9, 2021 Work Session, three different local examples of PPP projects are provided in this report for Council consideration. See Attachments #2, #3, and #4. The respective examples demonstrate that PPP projects can be specifically solicited for a particular property; type of project or public use; or the Town can make it known that it will consider unsolicited proposals where a developer proposes a public use of its choosing. The decision at this point is whether Council wants to decide on a particular public use it desires to see at the Liberty Lot location such as, but not limited to, a conference center, performing arts center, public parking structure or, if it wants to proceed more generally, either through a more general RFP or simply waiting on unsolicited proposals. Background: At their May 10, 2021 Work Session, Council discussed redevelopment interest in the Liberty Street parking lot. At the conclusion of discussion, it was the consensus of Council for staff to proceed with issuing a Request for Proposals (RFP) for a potential public private partnership for the property (PPP). 39 Item c. Liberty Lot Property - Potential Public Private Partnership Project August 9, 2021 Page 2 The following are recent examples of PPP projects that were in response to solicitations (RFP’s) issued by the respective local governments for a particular parcel or project: Herndon Downtown Redevelopment Project: The Town of Herndon issued an RFP in 2015 for the redevelopment of just under five acres of land owned by the Town. The project will include redevelopment of Town-owned land to a mixed use project with 273 apartments and approximately 17,000 square feet of retail space which will be privately owned and operated; a 16,265-square feet Arts Center which will be owned by the Town; and a 726-space parking garage which will include spaces owned by the Town to support the Arts Center as well as privately owned spaces to support the residential and retail operations. The land was recently conveyed to the successful PPP partner, and the project has started site work. See Attachment #2. Loudoun County Silver Line Ashburn North Parking Garage: In furtherance of a 2013 RFP for a public private partnership, the developer entered into an agreement with Loudoun County whereby the developer acquired and conveyed the necessary real property to the County government, and is leasing it back over a 40-year term. The developer will build and operate a parking garage adjacent to the Metro Silver Line with approximately 1,500 parking spaces when complete. There is also a ground floor retail component. The structure has been built, and is awaiting commencement of Silver Line operations. See Attachment #3. Fairfax Peak Indoor Winter Sports Complex: Fairfax County received an unsolicited proposal from a company to develop a closed portion of a County-owned landfill into a recreational facility. The specific project is for an indoor winter sports complex with man-made snow that is open year round. See, Attachment #4. This project is in the relatively early stages of review and potential approval. One of the key differences between RFP-type proposals and unsolicited ones is that once an unsolicited proposal is received and the jurisdiction has an interest in moving forward, the jurisdiction must hold an open process for other proposed uses for the same site which Fairfax has commenced. Attachments: 1. May 10, 2021 Work Session Staff Report 2. Materials related to Herndon Project 3. Materials related to Loudoun County Silver Line parking project 4. Materials related to Fairfax Peak project Rev. 05/27/2021 40 Item c. Date of Council Meeting: May 10, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Liberty Lot Redevelopment Staff Contact: Russell Seymour, Director of Economic Development Christopher Spera, Town Attorney Council Action Requested: Provide direction regarding Council’s interest in pursuing redevelopment of the Liberty Lot, and in utilizing a public-private partnership, or similar mechanism, for such redevelopment. Staff Recommendation: Staff recommends Council pursue a public-private partnership, or similar mechanism, in the development of this site in a manner consistent with expanding the expanding the economic/tourism opportunities in Downtown Leesburg. Commission Recommendation: During their May 5, 2021 meeting, the Leesburg Economic Development Commission expressed support for exploring opportunities for the redevelopment of the Liberty Street lot and recommended that the Town move forward in determining the best and highest use of the property for the Town. Fiscal Impact: The Town may impose review fees for solicited proposals. Unsolicited proposals and competing proposals are subject to review fees set by the existing Town guidelines described below, including an initial fee of not less than $2,000 nor more than $25,000. Work Plan Impact: Staff time would be required to prepare an appropriate solicitation for proposals if Council chooses to pursue a solicited public-private partnership. Town public-private partnership guidelines and applicable law provide for proposal review by outside professionals (with associated costs reimbursable to the Town). Executive Summary: There is currently significant interest from the private sector in the development of a 2.03 acre parcel located at 204 Liberty Street in Downtown Leesburg. As this parcel is owned by the Town, the opportunity exists for the use of a public-private partnership, or similar mechanism, to ensure this parcel is developed in manner consistent with the Town’s needs. Background: Liberty Lot, located at 204 Liberty Street, consists of a 2.03 acre site, zoned B1- Community (Downtown) Business District. The B1 designation was established in recognition of this area serving as the center of Leesburg’s employment, tourism and specialty commercial activity. Currently, the site contains a 90(+) space asphalt parking lot and a 1,513sf facility that serves the Town’s Department of Public Works. Downtown Leesburg remains a very desirable location for development, as is evident by the number of projects currently in progress. As such, this parcel has the capability of serving as a significant economic development opportunity for Downtown. A site owned by the Town in this 11 Item b. 41 Item c. Liberty Lot Redevelopment May 10, 2021 Page 2 location provides Council with the opportunity to direct, not only the type of development on this particular site, but also potentially influence several adjacent parcels. Over the past 12 months, the Town has received several inquiries regarding this site. As such, staff is requesting Council to provide direction regarding interest in pursuing redevelopment of the Liberty Lot, and in utilizing a public-private partnership, or similar mechanism, for such redevelopment. Public-Private Partnerships. Two types of Public-Private Partnerships (PPPs) are authorized by Virginia Code: the Public-Private Transportation Act (PPTA) adopted in 1995 and codified in Va. Code § 33.2-1800, et seq.; and the Public-Private Education Facilities and Infrastructure Act (PPEA) adopted in 2002 and codified in Va. Code § 56-575.1 et seq. These statutory schemes are intended to facilitate timely and cost-effective acquisition, design and construction of certain defined types of public infrastructure and government facilities, by permitting investment by private entities and allowing localities to use procurement methods outside the Virginia Public Procurement Act (VPPA). Based on the current focus on the Liberty Lot redevelopment, this memorandum will focus on the PPEA, rather than the PPTA. A PPP may be used only for a “qualifying project,” defined under the PPEA to include: ˜ “any building or facility that meets a public purpose and is developed or operated by or for any public entity;” ˜ “any improvements, together with equipment, necessary to enhance public safety and security of building to be principally used by a public entity;” ˜ “a recreational facility;” ˜ “any improvements necessary or desirable to any unimproved locally- or state-owned real estate;” and ˜ several categories of technology and school-related projects. In November of 2017, the ad hoc Economic Development Steering Committee issued a report to Council containing a recommendation that the Town adopt model public/private partnership guidelines. By Resolution 2018-163, the Town Council amended its existing guidelines, adopting the “Town of Leesburg, Virginia Guidelines for Implementation of the Public-Private Education Facilities and Infrastructure Act of 2002, as amended, dated December 11, 2018” (the “PPP Guidelines”) (Attachment 1). The PPP Guidelines establish a detailed roadmap for Town public-private partnerships in accordance with the PPEA.1 PPPs may be initiated by a locality (solicited proposals) through a request for proposal or competition negotiation, or a private entity may submit a proposal to a locality on its own initiative (unsolicited proposals). The PPP Guidelines provide for both types of proposals. The process in both cases is detailed, involves several levels of public notice and comment, and requires a significant investment of time. In both cases, competition is emphasized. In the unsolicited proposal scenario, the Town may choose to “accept” or not accept any formal unsolicited proposal. If the Town chooses to accept an unsolicited proposal, this would initiate a 1 There have been no modifications to the PPEA since the Town’s adoption of the PPP Guidelines in 2018; Staff is not aware of any update to the PPP Guidelines that would be required at this time. 12 Item b. 42 Item c. Liberty Lot Redevelopment May 10, 2021 Page 3 process for notifying the public and soliciting competing proposals. Accompanying fees are set forth in the PPP Guidelines, and are intended to compensate the Town for the cost of review and analysis of the proposals. In the solicited proposal scenario, the Town would create a solicitation document, similar to other public procurement documents, outlining the required project specifications, the required contents of any proposal, and the required fees. Required contents for all proposals, including unsolicited proposals, are set forth in detail by the PPP Guidelines; the Town Manager may impose additional requirements. The evaluation process is laid out in the PPP Guidelines; generally, an evaluation committee is designated, and various components of the proposals would be reviewed by relevant professional consultants. At the initial stage, proposals are conceptual and, once evaluated, the Town may choose to: reject all proposals, continue discussions regarding multiple proposals, or continue discussions regarding only one proposal if required findings are made. Where the Town chooses to move forward, a second “detailed-proposal” submission is required. Following evaluation of the detailed proposal, the Town may proceed to enter into an agreement with a partner if the Town is able to make a determination that the project serves a public purpose as defined in Va. Code § 56-575.4(C).2 General time tables for both the unsolicited proposal and the solicited proposal scenario are detailed in Appendix A of the PPP Guidelines. The solicited proposal process is estimated to require 280 days, plus the initial time to develop the invitation for proposals; the unsolicited proposal process is estimated to require 350 days. Proposed Legislation: None, pending Council direction Attachments: 1. Town of Leesburg, Virginia Guidelines for Implementation of the Public-Private Education Facilities and Infrastructure Act of 2002, as amended, dated December 11, 2018 2. EDC Recommendation 2 “The responsible public entity may grant approval of the development or operation of the … public infrastructure or government facility needed by a public entity as a qualifying project, or the design or equipping of a qualifying project so developed or operated, if the responsible public entity determines that the project serves the public purpose of this chapter. The responsible public entity may determine that the development or operation of the qualifying project as a qualifying project serves such public purpose if: 1. There is a public need for or benefit derived from the qualifying project of the type the private entity proposes as a qualifying project; 2. The estimated cost of the qualifying project is reasonable in relation to similar facilities; and 3. The private entity's plans will result in the timely development or operation of the qualifying project. In evaluating any request, the responsible public entity may rely upon internal staff reports prepared by personnel familiar with the operation of similar facilities or the advice of outside advisors or consultants having relevant experience.” (Va. 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Date of Council Meeting: August 9, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION INFORMATION MEMORANDUM Subject: Restriction on Firearms in Town Buildings and Other Town Property Staff Contact: Christopher P. Spera, Town Attorney Council Action Requested: A Work Session discussion. No action is required by Council at this time. Staff Recommendation: No staff recommendation at this time. Commission Recommendation: Not applicable. Fiscal Impact: None at this time. Dependent upon Council direction. Work Plan Impact: None at this time. Dependent upon Council direction. Executive Summary: At their June 8, 2021 meeting, Council requested a Work Session discussion regarding the restriction of firearms in Town buildings and other Town properties. Background: Local governments’ authority to restrict individuals carrying firearms on municipal property is expressly conferred by Virginia Code §15.2-915, and is subject to the limitations and conditions therein. See Attachment #1. The City of Alexandria, Fairfax County, Arlington County, and Loudoun County have all enacted ordinances restricting firearms on municipal property. See Attachments #2-5. Specifically, a locality may adopt an ordinance that prohibits the possession, carrying, or transportation of any firearms, ammunition, or components, or combination thereof in any of the following places: (i) in any building, or part thereof, owned or used by the locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes; (ii) in any public park owned or operated by the locality, or by any authority or local governmental entity created or controlled by the locality; (iii) in any recreation or community center facility operated by the locality, or by any authority or local governmental entity created or controlled by the locality; or (iv) in any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit. 99 Item d. Restriction on Firearms in Town Buildings and Other Town Property August 9, 2021 Page 2 In cases of space rented or otherwise occupied in property that is not owned by a locality, the restrictions imposed by the ordinance shall apply only to the part of the property that is being used for a governmental purpose, and when that property is being used for a governmental purpose. The locality may also impose security measures designed to reasonably prevent violations of the firearms restrictions, such as the use of metal detectors and increased use of security personnel. The activities of ROTC training or collegiate shooting teams is exempt from regulation, as are firearms carried by a variety of law enforcement, security or military personnel and certain other government sponsored or sanctioned activities. Attachments: 1. Va. Code §15.2-915 2. Loudoun County Code §§681.001 and .004 3. Alexandria City Code §2-3-5 4. Arlington County Code §13-14 5. Fairfax County Code §6-2-1 Rev. 05/27/2021 100 Item d. Code of Virginia Title 15.2. Counties, Cities and Towns Subtitle II. Powers of Local Government Chapter 9. General Powers of Local Governments Article 1. Public Health and Safety; Nuisances § 15.2-915. Control of firearms; applicability to authorities andlocal governmental agencies A. No locality shall adopt or enforce any ordinance, resolution, or motion, as permitted by § 15.2- 1425, and no agent of such locality shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage, or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by statute. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof shall not be construed to provide express authorization. Nothing in this section shall prohibit a locality from adopting workplace rules relating to terms and conditions of employment of the workforce. However, no locality shall adopt any workplace rule, other than for the purposes of a community services board or behavioral health authority as defined in § 37.2-100, that prevents an employee of that locality from storing at that locality's workplace a lawfully possessed firearm and ammunition in a locked private motor vehicle. Nothing in this section shall prohibit a law-enforcement officer, as defined in § 9.1-101, from acting within the scope of his duties. The provisions of this section applicable to a locality shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail, juvenile detention facility, or state-governed entity, department, or agency. B. Any local ordinance, resolution, or motion adopted prior to July 1, 2004, governing the purchase, possession, transfer, ownership, carrying, or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid. C. In addition to any other relief provided, the court may award reasonable attorney fees, expenses, and court costs to any person, group, or entity that prevails in an action challenging (i) an ordinance, resolution, or motion as being in conflict with this section or (ii) an administrative action taken in bad faith as being in conflict with this section. D. For purposes of this section, "workplace" means "workplace of the locality." E. Notwithstanding the provisions of this section, a locality may adopt an ordinance that prohibits the possession, carrying, or transportation of any firearms, ammunition, or components or combination thereof (i) in any building, or part thereof, owned or used by such locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes; (ii) in any public park owned or operated by the locality, or by any authority or local governmental entity created or controlled by the locality; (iii) in any recreation or community center facility operated by the locality, or by any authority or local governmental entity created or controlled by the locality; or (iv) in any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit. In buildings that are not owned by a locality, or by any authority or local governmental entity 1 7/30/2021 12:00:00 AM101 Item d. created or controlled by the locality, such ordinance shall apply only to the part of the building that is being used for a governmental purpose and when such building, or part thereof, is being used for a governmental purpose. Any such ordinance may include security measures that are designed to reasonably prevent the unauthorized access of such buildings, parks, recreation or community center facilities, or public streets, roads, alleys, or sidewalks or public rights-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit by a person with any firearms, ammunition, or components or combination thereof, such as the use of metal detectors and increased use of security personnel. The provisions of this subsection shall not apply to the activities of (i) a Senior Reserve Officers' Training Corps program operated at a public or private institution of higher education in accordance with the provisions of 10 U.S.C. § 2101 et seq. or (ii) any intercollegiate athletics program operated by a public or private institution of higher education and governed by the National Collegiate Athletic Association or any club sports team recognized by a public or private institution of higher education where the sport engaged in by such program or team involves the use of a firearm. Such activities shall follow strict guidelines developed by such institutions for these activities and shall be conducted under the supervision of staff officials of such institutions. F. Notice of any ordinance adopted pursuant to subsection E shall be posted (i) at all entrances of any building, or part thereof, owned or used by the locality, or by any authority or local governmental entity created or controlled by the locality, for governmental purposes; (ii) at all entrances of any public park owned or operated by the locality, or by any authority or local governmental entity created or controlled by the locality; (iii) at all entrances of any recreation or community center facilities operated by the locality, or by any authority or local governmental entity created or controlled by the locality; and (iv) at all entrances or other appropriate places of ingress and egress to any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit. 1987, c. 629, § 15.1-29.15; 1988, c. 392; 1997, cc. 550, 587;2002, c. 484;2003, c. 943;2004, cc. 837, 923;2009, cc. 735, 772;2012, c. 757;2020, cc. 1205, 1247. The chapters of the acts of assembly referenced in the historical citation at the end of this section(s) may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired. 2 7/30/2021 12:00:00 AM102 Item d. 684.001 DEFINITIONS. As used in this chapter, unless the context clearly requires a different meaning: (a) “Sheriff” means the Sheriff of the County or his or her designee. (b) “Firearm” means any weapon which will, is designed to or may be readily converted to expel a projectile by the action of an explosive, provided that stud nailing guns, rivet guns and similar construction equipment, neither designed or intended as weapons, shall not be deemed firearms. (c) “Gun” means and includes any rifle, shotgun, pistol or other firearm, and also includes any air gun, air rifle, pneumatic gun or other similar device designed and intended to expel a projectile through a gun barrel of any length by means of explosive, expansion or release of compressed gas or compressed air. (d) “Parcel” means any lot or other contiguous area of land in one ownership or in which all of the owners have joined in a written acknowledgment of the rights of all of them to shoot on all of such land, which constitutes, when combined, an area of not less than twenty acres. (e) “Pistol” means a gun having a barrel of less than sixteen inches in length. (f) “Recreational shooting” means the discharge of firearms or weapons, except bows and arrows, at fixed or moveable artificial targets. (g) “Rifle” means a gun designed, made and intended to be fired from the shoulder and designed and made to use the energy of an explosive or compressed gas or compressed air to expel a single projectile through a rifled barrel for each pull of the trigger. (h) “Shotgun” means a weapon designed, made and intended to be fired from the shoulder and designed and made to use the energy of an explosive in a shotgun shell to fire through a smooth bore one or a number of balls shot for each pull of the trigger. (i) “Starting pistol” means any device which is designed or functions to simulate the firing of a weapon by means of a primer or other explosive charge, but which cannot be readily converted for use as a firearm. (j) “Ammunition” means a cartridge, pellet, ball, missile or projectile adapted for use in a firearm. (Ord. 85-03. Passed 1-22-85; Ord. 05-04. Passed 5-10-05; Ord. 06-05. Passed 3-14-06; Ord. 21-02. Passed 3-2-21.) 684.04 POSSESSION OF FIREARMS ON COUNTY PROPERTY. (a) The possession, carrying, or transportation of any firearms or ammunition is prohibited in: (1) Any building, or part thereof, owned or used by the County, or by any authority or local governmental entity created or controlled by the County, for governmental purposes; (2) Any public park owned or operated by the County, or by any authority or local governmental entity created or controlled by the County; (3) Any recreation or community center operated by the County, or by any authority or local governmental entity created or controlled by the County; and (4) Those parts of any building, not owned by the County or by any authority or local governmental entity created or controlled by the locality, being used for a governmental purpose; this section shall apply only to that part of such building actually being used for a governmental purpose. (b) Pursuant to this section, the County may implement security measures that are designed to reasonably prevent the unauthorized access of such buildings, parks, recreation or community centers by a person with any firearms or ammunition, such as the use of metal detectors and increased use of security personnel. (c) Notice of the prohibitions contained in this section shall be posted: (i) at all entrances of any building, or part thereof, owned or used by the County, or by any authority or local governmental entity created or controlled by the County, for governmental purposes; (ii) at all entrances of any public park owned or operated by the locality, or by any authority or local governmental entity created or controlled by the County; and (iii) at all entrances of any recreation or community center facilities operated by the County, or by any authority or local governmental entity created or controlled by the County. (d) The prohibitions listed in this section shall not apply to: (1) Sworn law enforcement personnel; (2) Private security personnel employed or contracted by the County, or an authority or other governmental entity created or controlled by the County, when such personnel are working in or at any location listed in subparagraph (a) above, and who are authorized to carry firearms as part of their duties; (3) Security personnel at permitted special events engaged by private entities conducting the special event and approved by the County through the special event permit application process; (4) Active duty military personnel acting within the scope of their official duties;103 Item d. (5) Activities of (i) a Senior Reserve Officers’ Training Corps program operated at a public or private institution of higher education in accordance with the provisions of 10 U.S.C. § 2101 et seq. or (ii) any intercollegiate athletics program operated by a public or private institution of higher education and governed by the National Collegiate Athletic Association or any club sports team recognized by a public or private institution of higher education where the sport engaged in by such program or team involves the use of a firearm. Such activities shall follow strict guidelines developed by such institutions for these activities and shall be conducted under the supervision of staff officials of such institutions; (6) Educational programs and events, including historical reenactments, which are conducted or permitted by the County or any authority or local governmental entity created or controlled by the County, when such educational programs or events involve the use or display of firearms that are incapable of discharging a projectile; (7) Individuals participating in managed deer hunts and other wildlife management events conducted by the County, or by any authority or local governmental entity created or controlled by the County, the Commonwealth of Virginia or the United States government; (8) Individuals who are authorized to carry a concealed weapon pursuant to the Law Enforcement Officers Safety Act, 18 U.S.C. §§ 926B and 926C, as amended; or (9) An otherwise lawfully possessed firearm or ammunition that is stored out of sight in a locked private vehicle lawfully parked on County property. (e) In public parks owned or operated by the County, or by any authority or local governmental entity created or controlled by the County, individuals who possess a valid concealed handgun permit may conceal carry firearms pursuant to such permit, but in no case may they carry a semiautomatic center-fire rifle or pistol that expels single or multiple projectiles by action of an explosion of a combustible material with a magazine that will hold more than 20 rounds of ammunition or is designed by the manufacturer to accommodate a silencer or equipped with a folding stock, or a shotgun with a magazine that will hold more than seven rounds of the longest ammunition for which it is chambered. (Ord. 21-02. Passed 3-12-21) 104 Item d. (1) (2) (3) (4) (5) (6) Sec. 2-3-5 - Prohibition of rearms on city property. The possession, carrying or transportation of firearms, ammunition or components or combinations thereof (a) in any building, or part thereof, owned or used, by the city, or by any authority or local governmental entity created or controlled by the city, for governmental purposes; or (b) in parks owned or operated by the city, or by any authority or local governmental entity created or controlled by the city (c) in any recreational or community center facility operated by the locality, or by any authority or local governmental entity created or controlled by the city and (d) in any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit, is prohibited. The possession, carrying, storage or transportation of firearms by city employees, agents or volunteers in workplaces owned, operated or managed by the city is prohibited. Pursuant to this section, the city may implement security measures that are designed to reasonably prevent the unauthorized access of such buildings, parks, recreation or community center facilities, or public streets, roads, alleys, or sidewalks or public rights-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit by a person with any firearms, ammunition, or components or combination thereof, such as the use of metal detectors and increased use of security personnel. This section shall not apply to (a) military personnel when acting within the scope of their official duties, (b) sworn law enforcement officers, (c) private security personnel hired by the city, when any of them are present in buildings owned, leased or operated by the city or in parks and in any recreational or community facility that is owned or used by the city; (d) museums displaying firearms and the personnel and volunteers of museums or living history re-enactors and interpreters, who possess firearms that are not loaded with projectiles, when such persons are participating in, or traveling to or from, historical interpretive events that involve the display or demonstration of such firearms, and (e) activities of (i) a Senior Reserve Officers' Training Corps program operated at a public or private institution of higher education in accordance with the provisions of 10 U.S.C. § 2101 et seq. or (ii) any intercollegiate athletics program operated by a public or private institution of higher education and governed by the National Collegiate Athletic Association or any club sports team recognized by a public or private institution of higher education where the sport engaged in by such program or team involves the use of a firearm. Such activities in (e) above shall follow strict guidelines developed by such institutions for these activities and shall be conducted under the supervision of staff officials of such institutions. Notice of the restrictions imposed by this ordinance shall be posted (i) at all entrances of any building, or part thereof, owned or used by the city, or by any authority or local governmental entity created or controlled by the city, for governmental purposes; (ii) at all entrances of any public park owned or operated by the city, or by any authority or local governmental entity created or controlled by the city; (iii) at all entrances of any recreation or community center facilities operated by the city, or by any authority or local governmental entity created or controlled by the city; and (iv) at all entrances or other appropriate places of ingress and egress to any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit. Any person violating subsection 2-3-5(1) shall be guilty of a Class 1 misdemeanor. (Ord. No. 5282, 6/20/20, Sec. 1) 105 Item d. 106 Item d. 107 Item d. A. 1. 2. 3. 4. 5. 6. B. C. 1. 2. 3. 4. 5. 6. 7. 8. 9. Section 6-2-1. - Firearms, ammunition, or components or combination thereof prohibited in certain areas. The possession, carrying, or transportation of any firearms, ammunition, or components or combination thereof is prohibited in the following areas: In any building, or part thereof, owned or used by the County, or by any authority or local government entity created or controlled by the County, for governmental purposes. In any public park owned or operated by the County, or by any authority or local government entity created or controlled by the County. In any recreation or community center facility operated by the County, or by any authority or local government entity created or controlled by the County. In any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a County-permitted event or an event that would otherwise require a County permit. For the purposes of this Section, County-permitted event and event that would otherwise require a County permit include events permitted by an authority or local government entity created or controlled by the County in whole or in part. In buildings not owned by the County, or by any authority or local government entity created or controlled by the County, this Section shall apply only to the part of the building used for a governmental purpose and when such building, or part thereof, is being used for a governmental purpose. In parks located in the County that are owned or operated by a park authority that was created or is controlled by the County in conjunction with one or more other localities, provided that all participating localities enact an ordinance containing a prohibition substantially similar to that imposed by Paragraph A(2) above and the governing body of the park authority passes a resolution or other measure agreeing to the application of each such ordinance within the parks located in each such locality. Pursuant to this Section, the County may implement security measures that are designed to reasonably prevent the unauthorized access of such buildings, parks, recreation or community center facilities, or public streets, roads, alleys, or sidewalks or public rights-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit by a person with any firearms, ammunition, or components or combination thereof, such as the use of metal detectors and increased use of security personnel. The provisions of this Section shall not apply to the following: The activities of (i) a Senior Reserve Officers' Training Corps program operated at a public or private institution of higher education in accordance with the provisions of 10 U.S.C. § 2101 et seq., or (ii) any intercollegiate athletics program operated by a public or private institution of higher education and governed by the National Collegiate Athletic Association or any club sports team recognized by a public or private institution of higher education where the sport engaged in by such program or team involves the use of a firearm. Such activities shall follow strict guidelines developed by such institutions for these activities and shall be conducted under the supervision of staff officials of such institutions. Sworn law enforcement personnel. Security personnel hired as employees or contracted by the County, or an authority or other local government entity created or controlled by the County in whole or in part, when such personnel are present and working in any building or other location set forth in Paragraph A and who are authorized to carry firearms as part of their duties. The activities of educational programs and events, including static displays and historical reenactments, conducted or permitted by the County or any authority or local government entity created or controlled by the County, when such educational programs and events involve the use or display of firearms that are not loaded with projectiles. The activities of the County's Deer Management Program and other wildlife management events conducted by the County, by any authority or local government entity created or controlled by the County in whole or in part, by the Commonwealth of Virginia, or by the federal government. The Bull Run Public Shooting Center. Individuals who are authorized to carry a concealed firearm pursuant to the Law Enforcement Officers Safety Act, 18 U.S.C. §§ 926B and 926C, as amended. Active duty military personnel acting within the scope of their official duties. The possession and carrying of weapons in the courthouse shall be governed by the provisions of Virginia Code § 18.2-283.1, as amended.108 Item d. 10. 11. D. 1. 2. E. An otherwise lawfully possessed firearm, ammunition, components or combination thereof that is stored out of sight in a locked private mo that is lawfully parked on County property or a public street. Private security officers licensed by the Virginia Department of Criminal Justice Services providing security for a County-permitted event. Notice of ordinance. Notice of this ordinance shall be posted (i) at all entrances of any building, or part thereof, owned or used by the County, or by any authority or local governmental entity created or controlled by the County, for governmental purposes; (ii) at all entrances of any public park owned or operated by the County, or by any authority or local governmental entity created or controlled by the County; (iii) at all entrances of any recreation or community center facilities operated by the County, or by any authority or local governmental entity created or controlled by the County; and (iv) at all entrances or other appropriate places of ingress and egress to any public street, road, alley, or sidewalk or public right-of-way or any other place of whatever nature that is open to the public and is being used by or is adjacent to a permitted event or an event that would otherwise require a permit. Notice of this ordinance shall be posted at all entrances of any public park owned or operated by a park authority that was created or is controlled by the County in conjunction with one or more other localities, provided that all participating localities have enacted an ordinance containing a prohibition substantially similar to that imposed by Paragraph A(2) above and the governing body of the park authority has passed a resolution or other measure agreeing to the application of each such ordinance within the parks located in each such locality. Violations of Section 6-2-1(A) shall constitute a Class 1 misdemeanor. ( 23-20-6 ) 109 Item d. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change 8/4/20213:59 PM MeetingDate MeetingType Name SubmittedBy 08/09/2021 Town Council Work Session DISCUSSION: Additional Community Events (P)Trask, Kate DISCUSSION: Adoption of Plastic Bag Tax Ordinance (P)Southerland, Danielle DISCUSSION: Banning of Guns in Town Buildings/Facilities (P)Smith, Carmen DISCUSSION: Liberty Lot RFP (P)Smith, Carmen INFORMATION MEMO: Board and Commission Report - July Boeing, Eileen INFORMATION MEMO: Thomas Balch Library Advisory Commission Annual Report Summers, Victoria INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 08/10/2021 Town Council Meeting CONSENT: Appointment of Town Council Representative to Thomas Balch Library Endowment Foundation (NP)Gressitt, Alexandra CONSENT: Appointment to Police Citizen Task Force (Bagdasarian)Boeing, Eileen CONSENT: Appointment to Police Citizen Task Force (Burk)Boeing, Eileen CONSENT: Appointment to Police Citizen Task Force (Fox)Boeing, Eileen CONSENT: Appointment to Police Citizen Task Force (Nacy)Boeing, Eileen CONSENT: Airport Apron Paving – Design Contract & Grant Funding Authorization (NP)Steyer, Cindy CONSENT: Award Task Order to Dewberry for design of Utility Maintenance Storage Facility (NP)McClaughry, Lesley CONSENT: Ida Lee Recreation Center Poolpak 2 Replacement - Construction Contract Award (NP)Steyer, Cindy CONSENT: Lawson Road Pedestrian Crossing of Tuscarora Creek Project – Supplemental Appropriation & Design Task Order Approval (P)Steyer, Cindy CONSENT: Morven Park Rd Sidewalk – Design Change Order Approval Steyer, Cindy CONSENT: Snow and Ice Removal Services Contract Award (NP)Steyer, Cindy MOTION: National Preparedness Month (Sponsor: Mayor Burk)Belote, Tara PROCLAMATION: National Payroll Week Belote, Tara PROCLAMATION: World Suicide Prevention Day Belote, Tara PUBLIC HEARING - TLOA-2020-0004 GC Government Center Text Amendment (P)Murphy, Christopher PUBLIC HEARING - TLOA-2021-0007 H-1, Overlay, Old and Historic District Text Amendment (P)Murphy, Christopher PUBLIC HEARING: Award of Franchise (P)Belote, Tara PUBLIC HEARING: TLZM-2020-0005 and TLZM-2021-0001 20 Union Street NW Rezoning (P)Murphy, Christopher RESOLUTION: Airport North Hangars - Grant Authorization and Construction Contract Awards (P)Steyer, Cindy RESOLUTION: Legislative Program - 2022 (P)Boeing, Eileen RESOLUTION: Liberty Lot RFP (Dependent Upon Council Direction) (P)Smith, Carmen RESOLUTION: Town Hall Art Exhibit by Larry Roeder (NP)Kosin, Leah 09/13/2021 Town Council Work Session DISCUSSION: Black History Mural Kosin, Leah DISCUSSION: Emergency Management Preparedness (Council Retreat Work Plan Item)Dame, Joe DISCUSSION: Ethics Policy Smith, Carmen DISCUSSION: Fee Waiver Policy Trask, Kate 110 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change 8/4/20213:59 PM MeetingDate MeetingType Name SubmittedBy 09/13/2021 Town Council Work Session DISCUSSION: Loudoun County Referral - Village at Clear Springs (P)BerryHill, Susan DISCUSSION: Redistricting Plan for County of Loudoun BOS (P)Belote, Tara INFORMATION MEMO: Semi Annual Utilities Plant Capacity McClaughry, Lesley INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara 09/14/2021 Town Council Meeting CONSENT: Appointment to Police Citizen Task Force (Cummings)Boeing, Eileen CONSENT: Appointment to Police Citizen Task Force (Martinez)Boeing, Eileen CONSENT: Appointment to Police Citizen Task Force (Steinberg)Boeing, Eileen CONSENT: Appointment to the Thomas Balch Library Commission (Fox) - Tentative Boeing, Eileen CONSENT: VDOT TAP/Revenue Sharing Application Steyer, Cindy PROCLAMATION: Childhood Cancer Awareness Month Belote, Tara PROCLAMATION: Constitution Week Belote, Tara PROCLAMATION: Hispanic Heritage Month Belote, Tara PROCLAMATION: National Preparedness Month Belote, Tara PUBLIC HEARING: Crescent Design District Zoning Ordinance Amendments Cicalese, Karen RESOLUTION: 2021 Emergency Operations Plan Update Dame, Joe RESOLUTION: Black History Mural (Dependent Upon Council Direction)Kosin, Leah RESOLUTION: General Hauling Continuing Services Contract Award Steyer, Cindy RESOLUTION: Morven Park Road Sidewalk Waterline Construction Contract Award Steyer, Cindy RESOLUTION: Third Renewal of License Agreement with AT&T Southerland, Danielle 09/27/2021 Town Council Work Session DISCUSSION: Economic Development Strategic Plan Turney, Elaine DISCUSSION: Promotion of Leesburg Arts/Cultural and History (P)Turney, Elaine DISCUSSION: Town Recycling Program Southerland, Danielle DISCUSSION: Economic Development Authority Turney, Elaine DISCUSSION: Main Street Seymour, Russell DISCUSSION: Proposed Clutter Ordinance Smith, Carmen DISCUSSION: Review of IT Commission (Technology Ideas, Propose Priorities)Callahan, John DISCUSSION: Town Code Batch Amendments Smith, Carmen INFORMATION MEMO: Board and Commission Report - August Boeing, Eileen 09/28/2021 Town Council Meeting PRESENTATION: Tree Commission Presentation to Town Council - Spotted Lanternfly Southerland, Danielle PUBLIC HEARING: At Home and Walmart BLA at Compass Creek (Tentative)Smith, Carmen RESOLUTION: Airport Maintenance Facility Construction Change Order Approval Steyer, Cindy 10/12/2021 Town Council Meeting: Regular + Work Session INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 111 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change 8/4/20213:59 PM MeetingDate MeetingType Name SubmittedBy 10/12/2021 Town Council Meeting: Regular + Work Session PROCLAMATION: Bullying Prevention Month Belote, Tara PROCLAMATION: Domestic Violence Awareness Month Belote, Tara PROCLAMATION: Dysautonomia Awareness Month Belote, Tara PUBLIC HEARING: Cornerstone Proffer Interpretation Watkins, Michael RESOLUTION: Market St/King St Intersection - Construction Contract Award Steyer, Cindy 10/25/2021 Town Council Work Session DISCUSSION: Affordable Dwellings and Accessory Housing Cicalese, Karen DISCUSSION: MEC Lease/Memorandum of Understanding (MOU)/Future Direction Turney, Elaine DISCUSSION: Quarterly Budget and CIP Update Fazenbaker, Cole DISCUSSION: Town Plan/Legacy Leesburg Cicalese, Karen INFORMATION MEMO: Board and Commission Report - September Boeing, Eileen 10/26/2021 Town Council Meeting CONSENT: Award Contract for Industrial Coatings Application for Utilities Wyks, Amy POTENTIAL CLOSED SESSION: Strategic Property Acquisitions Belote, Tara PUBLIC HEARING: Legacy Leesburg Town Plan Cicalese, Karen PUBLIC HEARING: Proposed Clutter Ordinance Smith, Carmen PUBLIC HEARING: Town Code Batch Amendments (Tentative)Smith, Carmen 11/08/2021 Town Council Work Session DISCUSSION: Legacy Leesburg Town Plan Cicalese, Karen DISCUSSION: Strategic Property Acquisitions Belote, Tara INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 11/09/2021 Town Council Meeting PROCLAMATION: Diabetes Awareness Month Belote, Tara PROCLAMATION: National American Indian Heritage Month Belote, Tara PROCLAMATION: Small Business Saturday Belote, Tara PROCLAMATION: Veterans Day Belote, Tara 11/22/2021 Town Council Work Session INFORMATION MEMO: Board and Commission Report - October Boeing, Eileen 11/23/2021 Town Council Meeting PUBLIC HEARING: Virginia Village (Tentative)Cicalese, Karen RESOLUTION: Town Council Meeting Calendar for Year 2022 Boeing, Eileen 12/13/2021 Town Council Work Session INFORMATION MEMO: Board and Commission Report - November Boeing, Eileen INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 12/14/2021 Town Council Meeting PROCLAMATION: Recognition of Public Service of Town Employees Retiring Belote, Tara RESOLUTION: Approval of Legacy Leesburg Town Plan Cicalese, Karen RESOLUTION: Authorization of Zoning Ordinance Update Cicalese, Karen 112 Item a. Date of Council Meeting: August 9, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION INFORMATION MEMORANDUM Subject: Thomas Balch Library Advisory Commission Annual Report Staff Contact: Alexandra S. Gressitt, Staff Liaison to the Thomas Balch Library Advisory Commission Council Action Requested: Information memo only. No action is required by Council at this time. Staff Recommendation: Information memo only. No staff recommendation at this time. Commission Recommendation: None at this time. Fiscal Impact: Not applicable Work Plan Impact: Not applicable Executive Summary: Section 2-195(d) of the Leesburg Town Code specifies that all board and commissions shall provide an annual report to the Town Council. The written report is include in the Town Council’s packet. Background: In Fiscal Year 2021, Thomas Balch Library (TBL) Advisory Commission held 8 meetings, maintained communication with Town Council, and interacted with Friends of the TBL, Black History Committee of Friends of the TBL, TBL Endowment Foundation, and continued working with the Commission on Public Art to recognize Leesburg’s Potters Field. Due to the COVID-19 Pandemic, 3 meetings were cancelled along with the annual Loudoun History Awards. Attachment: (1) Thomas Balch Library Advisory Commission Annual Report Rev. 05/27/2021 113 Item a. Thomas Balch Library Advisory Commission: Annual Report, 2021 It has become a cliché to say that the past year—the pandemic year—was a year like no other. For the Balch Library and the Advisory Commission, nevertheless, the description certainly fits. The library was forced by health restrictions to curtail sharply its public access, eventually limiting it to patrons on a restricted appointment-only basis. Its entire flextime staff was furloughed. The library’s highly valued series of classes and talks could not be held on-site. Faced with these daunting obstacles, the library director and the few remaining staff, by responding to a flood of phone and online reference questions and producing virtual classes and talks, maintained Balch’s record of service to the community during the lockdown period. The Advisory Commission, too, faced challenges. Initially, following existing guidelines, we held a meeting fully masked and socially distanced, but subsequent guidelines led us to cancel some meetings. Fairly quickly, with help from library staff, we adapted to virtual meetings, all hybrid with a few members present at the library. Health restrictions on public gatherings forced the commission, reluctantly, to cancel its chief annual public event, the Loudoun History Awards. It was only the second time, in the more than quarter century of holding the ceremony, that the event was not held (when the building was under renovation in 2000 was the other occasion when it was cancelled). The commission, through it all, was able to carry out its advisory mission for library operations and concern for the library’s future needs as well as its interaction with the Town and the community. Throughout the year, despite the interruptions, the commission has kept up a good working liaison with Town Council and the town government and with the library’s support organizations: The Friends of Thomas Balch Library; The Thomas Balch Library Foundation; and the Black History Committee. Among the commission’s major activities, projects, and concerns over the past year are the following:  The commission considers the Re-cataloguing Project as an essential need for the library going forward. It supports full funding for the project and for the staffing needed to accomplish it.  The commission finds that Balch has a pressing need, one that is growing ever more pressing, for additional space to store and process its growing (and valuable) archival collections.  The commission believes that a reinstatement of all flextime staff and the addition of another permanent staffer be made as the library returns to regular hours and operations in FY22. 114 Item a. �� After reading the draft copy of the Legacy Leesburg Town Plan, the commission felt that Balch had not received the attention that it merited as a major feature of the town s Historic District. A highly constructive session with town planning director Susan Berryhill at the commission s April meeting fully addressed those concerns and ensured that Balch had the place it deserves in the coming Town Plan. �� The commission retains a continuing interest in obtaining an appropriate marker for the grave site of the Potter s Field reinternment. It has done so in cooperation with the Commission on Public Art (COPA) and looks forward to continuing that relationship and to the fulfillment of this long-delayed, most worthy project. Respectfully submitted, James H. Hershman, Jr. Chair, Thomas Balch Library Advisory Commission Town of Leesburg, Virginia 115 Item a. Date of Council Meeting: August 9, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION INFORMATION MEMORANDUM Subject: Visit Loudoun Monthly Report Staff Contact: Russell Seymour, Director of Economic Development Council Action Requested: Information memo only. No action is required by Council at this time. Staff Recommendation: Information memo only. No staff recommendation at this time. Commission Recommendation: None. Fiscal Impact: None. Work Plan Impact: None. The partnership and associated coordination with Visit Loudoun is part of the Department of Economic Development’s current work plan. Executive Summary: Visit Loudoun’s Travel Pulse Monthly Report for the month of June 2021. Background: As part of a Memorandum of Agreement with the Town, Visit Loudoun provides monthly reports on information pertaining to hotel occupancy that includes both Town and County hotels along with relevant Visitor Center data. Attachment: Monthly Report for June 2021 116 Item b. Travel Pulse Please find monthly indicators below for Loudoun County in June 2021. Performance continues to improve over previous months. Visit Loudoun has purchased a custom forecast report from STR, Inc. that features projected occupancy, ADR and RevPar for 18 months out. Monthly projections have been included in each metric below, as the dotted lines on the graphs. This forecast was last updated in February 2021 Loudoun County Hotel Occupancy Occupancy in June 2021 was 64.0%, a 97.2% increase from June 2020 and a 18.2% decrease from June 2019 . This performance is ahead of Northern Virginia as a whole whose June occupancy was 56.2%. The greater DC region had an occupancy of 50.8%. Source: STR Inc. 117 Item b. Loudoun County Average Daily Room Rate (ADR) ADR for June 2021 in Loudoun County was $125.81, a 42.5% increase from June 2020 and a 5.8% decrease from June 2019. Source: STR Inc. Loudoun County Revenue Per Available Room (RevPAR) RevPAR for Loudoun County in June 2021 was $80.56, a 181% increase from June 2020 and a 22.9% decrease from June 2019. Source: STR Inc. 118 Item b. Dulles Airport Passenger Traffic 878,101 passengers passed through the gates of Dulles in April 2021, a 802% increase from April 2020 and a 57% decrease from April 2019. Additional insights from MWAA can be found in the link below. May & June statistics have not been released yet. Source: Metropolitan Washington Airports Authority 119 Item b. Visitors Center There were 266 walk-in visitors in June 2021. This is a 5.6% increase from May 2021 and a 58% decrease from June 2019. The visitor’s center was closed in June 2020. 67 visitors completed our survey:  18% Loudoun county residents (12)  52% day trips (35) o 71% of day trips are visitors from outside the county (25)  39% stayed overnight in paid accommodations (26) There was a much higher percentage of visitors from outside the county and percentage of visitors staying overnight in paid accommodations compared to previous months. Top Interests in Loudoun County: 1. History 2. Dining 3. Wineries 4. General Inquiry 5. Breweries 120 Item b. Leesburg Figures for June 2021 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 50.0%56.8%63.6%74.4%85.6%84.3%75.9%72.5%73.7%80.8%65.6%49.3% 2020 49.7%51.7%37.2%27.8%23.5%31.3%41.1%46.2%47.3%52.3%36.8%30.6% 2021 35.9%35.7%38.2%52.4%59.0%60.4% 20% 30% 40% 50% 60% 70% 80% 90%Leesburg Occupancy: 60.4% Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 $95.8 $96.8 $100.$107.$116.$116.$112.$115.$116.$119.$112.$99.4 2020 $95.5 $101.$100.$86.0 $84.0 $90.0 $92.7 $95.2 $98.0 $104.$97.9 $90.7 2021 $93.8 $89.6 $93.8 $103.$113.$121. $80 $85 $90 $95 $100 $105 $110 $115 $120 $125 $130 Leesburg Average Daily Rate (ADR): $121.31 121 Item b. Date of Council Meeting: August 9, 2021 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION INFORMATION MEMORANDUM Subject: Monthly Board and Commission Report – Activity and Attendance Staff Contact: Eileen M. Boeing, CMC, Clerk of Council Council Action Requested: None. Information memo only. Staff Recommendation: None. Information memo only. Commission Recommendation: Not applicable. Fiscal Impact: No impact. Executive Summary: Town Code requires a monthly report to Council listing key events/actions from each meeting. Additionally, attendance issues are to be reported to Council. Specifically in terms of attendance, if a member misses more than three consecutive meetings or four meetings in a 12-month period, Council may require a member to resign. Attendance reports are provided for Council’s awareness. A listing of all Board and Commission vacancies is also included for Council’s reference. Background: Town Code Section 2-195(h) requires Board and Commission chairs or their designee to provide key events/actions from each meeting in summary format to Council on a monthly basis. Additionally, Town Code Section 2-195(b) requires the chair to report any attendance problems to the Town Council which has the authority to require a member to resign. Attendance problems include, but are not limited to, if the member is absent from three consecutive meetings or four missed meetings in a 12-month period. A year-to-date monthly attendance report for calendar year 2021 and a calendar year 2020 attendance report are attached. Current Board and Commission Vacancy: Thomas Balch Library Commission (Council Member Fox) Attachments: 1. Monthly Board and Commission Report 2. Attendance Report – July 2021 3. Attendance Report – Calendar Year 2020 Rev. 05/27/2021 122 Item c. BOARD & COMMISSION REPORT July 2021 Airport Commission • The Airport Commission discussed a hangar lease transition when the existing condo hangar land lease ends in 2022 and the units revert to town ownership. Board of Architectural Review July 7, 2021 Site Visit The BAR held a site visit at 14 Cornwall Street NE to view existing conditions relative to application TLHP-2021-0075, replacement of siding, windows and door. July 7, 2021 Work Session Continued Cases in the H-1 Overlay Old & Historic District a. TLHP-2021-0075, 14 Cornwall Street NE Exterior Alterations – replacement of siding, windows and front door The applicant withdrew their request to replace their siding and windows. The BAR granted approval for the replacement of the front door. b. TLHP-2021-0044, 250 Loudoun Street SW Exterior Alterations – retroactive approval request This application was approved. c. TLHP-2021-0053, 106A South Street (Wild Hare) Exterior Alterations – installation of a covered seating area This application was approved. Continued Cases in the H-2 Historic Corridor Overlay District a. TLHP-2021-0052, 524 Trimble Plaza SE (Sonic) New Construction of a restaurant This application was approved. July 19, 2021 Business Meeting Cases for Approval by Consent a. TLHP-2021-0080, 304 Kelly’s Ford Plaza SE (Chick-fil-A) Amendment to a previous COA – extension of canopy on the west elevation b. TLHP-2021-0090, 246 West Market Street (Reflections Senior Living) Installation of a new sign c. TLHP-2021-0091, 26 North King Street (The Corner Store) Exterior Alteration – removal of an awning d. TLHP-2021-0089, 1200 Edwards Ferry Road NE (Target) Exterior Alteration – installation of a new service door All cases listed above were approved by consent. New Cases in the H-1 Overlay, Old & Historic District 123 Item c. a. TLHP-2021-0087, 310 Loudoun Street SW New Addition – rear screened porch This application was approved. b. TLHP-2021-0088, 210 North King Street New Rear Addition This application was approved. Board of Zoning Appeals • The Board of Zoning Appeals did not meet in July. Diversity Commission • A recap of the Juneteenth celebration at Ida Lee Park • The success of the first joint Diversity Commission/EDC outreach to minority businesses. Chair McCray and EDC Commissioner Neal visited 8 businesses in the Plaza St area. They plan to meet monthly with the goal of visiting 8 to 10 businesses and will be accompanied by Business Development & Retention Manager Melanie Scoggins. The main purpose for the visits is to gather contact information to ensure businesses will receive information from the Town about business services and opportunities. • Approval of the final version of the We Are Leesburg video. Staff will issue a news release and promote the video on the Town’s social media sites. Due to a scheduling conflict, the commission moved the August meeting to the first Wednesday of the month, which is August 4. Economic Development Commission • Staff shared information to the EDC regarding the current study being conducted on Downtown Loading Zone Management. Cambridge Systematics is the firm conducting the study. • Staff informed the EDC that staff is currently working on the development of a Technology Zone incentive program. Currently 34 localities across the state have such zones. This type of program would assist in the attracting one of the Town’s targeted industry segments. • Staff presented to the EDC thoughts on developing a Tourism Zone. This Zone would tie in with the state’s program. The current Art’s and Cultural District, which has seen very little use, would be rolled into the new initiative. • The EDC discussed downtown street closings. The Commission supports maintain the current 3-day schedule. • The EDC discussed the current Tent and Delivery/Drop-Off program. The Commission supports continuing the current initiative. Environmental Advisory Commission • Recycling, including glass recycling and the Purple Bin program • Upcoming webinar on Biophilic City program • Updates to EAC Portal and google analytics data • Discussion of EAC Strategic Plan 124 Item c. Parks & Recreation Commission • New Business o Commission Meetings – The Commission was briefed of meeting formats going forward. With the Emergency Declaration lifted the meeting format is going back to pre- Covid requirements. Two remote participations per year if voted by an onsite quorum of four Commissioners. o Veterans Park – The Commission was briefed on the design work conducted to date at Veterans Park. o Departmental Information – General departmental information was shared with the Commission. • Old Business o Joint Meeting with Loudoun County – The Commission discussed future joint meeting with Loudoun County, potential formats, and frequency. Planning Commission July 1, 2021 Legacy Leesburg Town Plan Discussion: a. Boards/Commissioners and Director Comment Matrix Draft 5/13/21 Review: The Planning Commission continued their review of the Legacy Leesburg Town Plan Update Al Barney replaced Davie Miles as the Vice Chair and Brian McAfee was voted in as Parliamentarian July 15, 2021 TLZM-2021-0001, TLOA-2021-0004, TLOA-2021-0007, and TLZM-2020-0005 20 Union Street Public Hearing: The Planning Commission voted to send a recommendation of approval to Council by a vote of 5-0-2. TLOA-2021-0001 Winter Zoning Ordinance Batch Amendments Work Session: The Planning Commission voted to send a recommendation of approval by a vote of 5- 0-2. Legacy Leesburg Town Plan Discussion: a. Planning Commission Punch List Review: The Planning Commission continued their review of the Legacy Leesburg Town Plan Update Public Art Commission July 6 Meeting • The Commission reviewed the Arts & Cultural District soft launch and the VMFA visit, participation by the Commission in the parade, etc. Everyone felt it was a great success for the weekend. • Elizabeth provided an update on the Black History Mural. Carmen and the artist continue to work with Sharon Virts and the Loudoun Museum to develop a new mural proposal that would 125 Item c. include more local figures and feel. They visited the site, River Creek Development, where Edwards Ferry was actually located, and the artist continues to design the mural. • An update on current murals was provided. Kim will be sketching the "Grow" wall for Sagetopia in the next week and then will send out an email so folks can sign-up to help with the painting. James continues to make progress on Harrison Street. Kaeley has completed side one of the King Street Bridge Mural. The scaffolding will be moved to the other side on Thursday, but she has begun the base coat in preparation of starting on the other side. • Rita provided a FOLPA report regarding meetings with Parks & Rec for the Taste of Leesburg and FOLPA/COPA participation in that. • The Alley Niche Call to Artist will end on July 15th. The Art Advisory Panel for the call was discussed and five people were chosen for consideration: KD Kidder, Rusty Boyle, Jill Perla, Patricia Meyer, and Jeremiah Lorrig. Should we need an alternate, Robert Merhaut and Donald Depuydt were selected. Donna will reach out to everyone to ensure they are available and willing to serve. • There was only a brief discussion on the Arts & Cultural District larger launch due to time constraints with the room reservation. The September 18th music festival was chosen as a good date to do a launch and work with those putting on the festival. There was discussion about an art walk like previous COPA discussions regarding a type of scavenger hunt and suggestions by Jasmine with the Diversity Commission. A planning meeting was set for July 21st at 5:45pm. Economic Development Commission and Diversity Commission will be invited also. July 21 Special Meeting • Kareem suggested COPA partner with BENEFIT/Crossroads Festival, which is organized by Ara Bagdasarian. The event will take place in downtown Leesburg on Saturday, September 18 from 5 to 10 p.m. • There will be 22 bands performing at eight locations in downtown Leesburg. King Street, between Market and Loudoun streets, will be closed off for pedestrians. The outdoor dining program will coincide. Special drinks and specials may be provided by local businesses to promote the event. Kareem will provide an update on August 2. • COPA discussed ways to participate via displays set up along King Street or in front of the Loudoun County Courthouse. Ideas included a table promoting COPA/FOLPA, rock art, selfie station, art video (like the “We Are Leesburg” video from Flower & Garden). • COPA could work with local businesses to provide a discount to anyone who comes in wearing an Arts & Cultural District sticker. • It was suggested that COPA create a map indicating popular art destinations in Leesburg. This can include the current exhibits at Thomas Balch Library, Town Hall, murals, sculptures, and businesses who display or sell art. • A BINGO card, like Economic Development’s Locally Leesburg BINGO, could be created and distributed at the event. This would encourage visitors to complete challenges that will enter them to win Leesburg swag later. Leah will follow-up with Melanie for more details. • A “formal” ceremony could take place at one of the main stages where COPA would thank the council, staff, FOLPA, and local artists for all they’ve done to help us promote art in the Town of Leesburg. It was discussed that COPA could do this at MacDowell’s prior to Ara’s band, The Frayed Knots, performance. A formal invite would go out. • Kareem made a motion to partner with the Crossroads Festival as the official launch of the Arts & Cultural District on Saturday, September 18. Minu seconded. The motion passed unanimously. • A news release and social media promotion would take place to promote the event. Visit Loudoun and Economic Development will be provided with an update. 126 Item c. Standing Residential Traffic Committee • Public Comments: Karen Pearson had some speeding concerns on Phillips and Normandy Drive and residents not stopping for existing stop signs. • Dan Baker requested all way stop installation at four intersections. Old Waterford Road at Morven Park Road, Ayrlee Ave and Ayr Street including all way stop sign installation at Arylee and Ayr NW. hoping that cars would slow down. Town staff informed the committee that stop signs are one of our most valuable and effective control devices when used under the right conditions. It is intended to help drivers and pedestrians at an intersection decide who has the right-of-way. One common misuse of stop signs is the interruption of through traffic, either by causing it to stop, or by causing such an inconvenience as to force the traffic to use other routes. Where stop signs are installed as “speed control", there is a high incidence of intentional violation. In those locations where vehicles do stop, the speed reduction is effective only in the immediate vicinity of the stop sign, and frequently speeds are actually higher between intersections. For these reasons, it should not be used as a speed control device. Sandy Grossman informed the committee that Dan Baker’s request for all way stops had been forwarded to the SRTC at the September 10, 2018, meeting and the study did not “trigger” any intervention. Also, that all way stops were not warranted per the Manual on Uniform Traffic Control Devices (MUTCD) which describes warrants for installing multi-way stop signs. Committee requested Town staff to conduct the traffic studies again at these locations and report back at the August 9, 2021, SRTC meeting. • The traffic committee recommend that the next SRTC meeting be on August 9, 2021 due to four (4) members that would be on vacation for the August 2, 2021 meeting. On motion by Sandy Grossman, seconded by Jeff Phillips, the Committee approved moving the August meeting until the second Monday in August. Technology/Communications Commission • Town GIS Presentation on the status of GIS in the Town of Leesburg • Discussion of Commission Technology ideas for Town Council Meeting. Thomas Balch Library Commission • Received the library director’s report—the library is open on a limited hours basis until September—some flextime staff is working and interviews are scheduled for more—volunteers are returning—a bid has been made for a new fire alarm system—the library has held 13 virtual events, drawing 479 registrations from at least 30 states and DC—Talks and other programs this fall will be virtual due to earlier scheduling, with in person programs resuming in spring 2022—some reconfiguring of the electronic equipment in the meeting room is necessary for those future presentations • Don Cooper, President of the Friends, presented the Friends report—their board is meeting at Balch at 9:30AM, 20 July to finalize plans for the in-person September fundraiser—they are also planning their January annual meeting, to be held at Balch—the Friends newsletter will be mailed after the fall fundraiser. • Alexandra Gressitt presented the TBL Foundation report—a transfer of funds into the endowment had been approved and business and tax issues were resolved at the last meeting—the next board meeting is at noon 20 July at Balch • Under Old Business—Commissioner Pellicano discussed her recent talk with the members of COPA about the Potter’s Field marker—an agreement has been initially reached on the place and scale of the marker-- the library director and commission chair discussed the progress on 127 Item c. the Transition binder and invited commissioners to offer ideas for further inclusions—there was discussion of ideas regarding celebration of Balch’s centennial in 2022—there was consensus on the commission that the revised draft of the Leesburg Legacy Town Plan addressed their concerns about Balch and was a marked improvement in the regard over the first draft—after some discussion, the commission voted to move forward with the 2022 History Awards planned to be held in person at Balch in early November • Under New Business the chair brought up the Town’s proposal for a Boards and Commissions social event on 2 October at 8 a.m.—the commission suggested that an afternoon time or another day might be more suitable • Commissioners’ comments followed—Commissioner Mary Pellicano announced that she was moving from Leesburg to Easton, MD and would be leaving the commission after this meeting—the commission members and library director expressed their appreciation for her service to the library and the town Tree Commission • Tree Commission will continue to educate the Home Owner’s Association with Town of Leesburg on the importance of tree planting and tree care. Also, there will be an emphasis on invasive species which could harm trees and the canopy in the Town and installing the Right Tree in the Right Place. • Tree Commissioners has updated the Tree Walk of the Historic District in Town of Leesburg and is transitioning to the TourLeesburg app. • Tree Commission has a schedule for maintenance at the Adopt a Spot. • Tree Commission will reach out to HOA’s in town to see if a virtual tree walk can be made to educate residents about the trees in their neighborhood. • Tree Commission has scheduled a Work Session for 23 August to discuss the Town Council Report for Tree Canopy Health. • Tree Commissioners Hower and Marshall will design and build a new enclosure at the Liberty Street storage area. Reports compiled by Ann Smith. 128 Item c. Date: 7/23/2021Page 1 of 2 Town of Leesburg Legend: Boards & Commisssions Attendance Present No Quorum Calendar Year 2021 E = Present via Electronic Participation E P = No Quorum but Member was present P Absent Recused from Meeting No Meeting Emeritus Status Not on / No Longer on Commission R = Rescheduled R Airport Commission Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecArrington, LindsayBoykin, DennisMiller, SybilleDuenkel, Daniel EForsythe, HughToth, Tom Ede Haan, Raymond E E Thomas Balch Library Commission Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecWoolard, Russ E E E EHershman, JamesPellicano, MaryMattina, Adrian E E ESchonberger, Martha E E E EKinne, Mandy E E EJewell, Tom Commission on Public Art Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecWard, Jeanette E E E E E EBeijan, Minu E E E E EMcCullough, Kareem EKim, Kim P.ETorraca, DonnaRansom, Elizabeth E EKreingold, Linda Diversity Commission Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecRandolph, MaryMcCray, LindaMaddox, Vanessa E E E E ECarter, Devon E E E E EPoisson, Jean-Joseph E E EKunzelman, Dana E E E E E EMartinez-Harris, Jasmin E E E Economic Development Commission Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecYoukers, Brittany E E E E EByrd, Eric E E E EEdwards, Marantha E E E E ENeel, Britta E E EAllred, Curtis E EChoi, James E E E E EMiller, Jason EWilliams, PatrickBoardman, AndrewMcCarter, NickArbogast, Kevin Environmental Advisory Commission Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecChu, JenniferJones, Martha E E EBrafford, KohlerBolthouse, Julie E ESheafer, PaulBergheim, Maria E EKelemen, Gabe Parks & Recreation Commission Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecCimino-Johnson, Todd E EFulcer, Rob EMcCray, Brody E EShabanowitz, Kirsten EDrupa, David E EHart, Rachel E EBurke, Laurie E E 129 Item c. Date: 7/23/2021Page 2 of 2Standing Residential Traffic Committee Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecGrossman, Sandy ECaney, Brian C.EJones, RaymondSproul, Robert J.EPhillips, Jeff EVella, MichaelPatel, Deepan EBurnham, John ESisson, Julie Technology and Communications Commission Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecHill, Peter E EBinkley, John ENadler, Aaron E EJohnson, Katherine E ECurtis, John (Jack)Jackson, Richard ECheema, Ahmad EKolas, Mark Tree Commission Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov DecWelch, ElizabethGroothuis, JohnMarshall, PhilipAdams, Thomas E EHatfield, Pat E EHower, EarlPlatt, Ron E Board of Architectural Review Jan Feb Feb Mar Mar Apr Apr MayMay Jun Jun Jul Jul Aug Aug Sep Sep Oct Oct Nov Nov Dec DecPastor, JulieReimers, PaulScheuerman, DonaldNicholson, ErinMinchew, TeresaAikman, Helen E EO'Neil, TomGoodson, DaleKoochagian, RichardSkinner, Stacy Planning Commission Jan Jan Feb Feb Mar Mar Apr Apr May May Jun Jun Jul Jul Aug Aug Sep Sep Oct Oct Nov Nov Dec DecBarnes, AdRobinson, GigiHoovler, Earl C.McAfee, Brian L.Reeve, KeithBarney, AlLanham, RickMiles, David Board of Zoning Appeals Jan Feb Mar Apr MayJun Jul Aug Sep Oct Nov DecCarter, JosephMoffett, SusanSemmes, Martha MasonGutierrez, GregoryVanderloo, Peter L. 130 Item c. Date: 2/11/2021Page 1 of 2Town of Leesburg Legend: Boards & Commisssions Attendance Present No Quorum Calendar Year 2020 E = Present via Electronic Participation E P = No Quorum but Member was present P Absent Recused from Meeting No Meeting Emeritus Status Not on / No Longer on Commission R = Rescheduled R Airport Commission Jan FebMarAprMayJun Jul AugSeptOct Nov DecBoykin, DennisForsythe, HughAllex, Vaughn E E E E E E E EArrington, LindsayRogerson, Garyde Haan, Raymond EToth, Tom EHarper, Mary Thomas Balch Library Commission Jan FebMarAprMayJun Jul AugSeptOct Nov DecBohanon, DonnaHershman, Jr., JamesJewell, ThomasKinne, MandyPellicano, MarySchonberger, MarthaWoolard, Russ Commission on Public Art Jan FebMarAprMayJun Jul AugSeptOct Nov DecBeijan, MinuKidder, KDKreingold, LindaLorrig, JeremiahRansom, Elizabeth E E E EToracca, DonnaWard, Jeanette E E E E Diversity Commission Jan FebMarAprMayJun Jul AugSeptOct Nov DecButler, Pamela EGonzalez, Enrique PMartinez-Harris, JasminMcCray, Linda PPeters, Jr., Oliver PPoisson, Jean-Joseph ERandolph, Mary E Economic Development Commission Jan FebMarAprMayJun Jul AugSeptOct NovDecAllred, Curtis EArbogast, Kevin PBoardman, Andrew E E EByrd, Eric P P PChoi, James PMcCarter, NickYoukers, Brittany E Environmental Advisory Commission Jan FebMarAprMayJun Jul AugSeptOct Nov DecBergheim, Maria EChu, JenniferBrafford, KohlerKelemen, GabriellaSheaffer, PaulElliott, BobbiYeager, Sarah Parks & Recreation Commission Jan FebMarAprMayJun Jul AugSeptOct Nov DecBurke, LaurieDrupa, DavidFulcer, RobHart, RachelMcCray, BrodyTyree, PeggieWalker, Clint 131 Item c. Date: 2/11/2021Page 2 of 2 Standing Residential Traffic Committee Jan FebMarAprMayJun Jul AugSeptOct Nov DecCaney, BrianPhillips, JeffBurnham, JohnPatel, DeepanGrossman, SandySisson, JulieSmart, Suzanne Technology and Communications Commission Jan FebMarAprMayJun Jul AugSeptOct Nov DecBinkley, JohnNadler, AaronBingaman, Adam ECurtis, John (Jack)Cheema, Ahmad E EHill, Peter EKolas, Mark E Tree Commission Jan FebMarAprMayJun Jul AugSeptOct Nov DecHatfield, Pat P E E E EGroothuis, John PPlatt, RonHower, EarlAnderson, FlintButler, David PSmart, Jason E Board of Architectural Review Jan Jan Feb Feb MarMarApr Apr Apr MayMayMayJun Jun Jul Jul Aug Aug Sep Sep Oct Oct Nov Nov Dec DecGoodson, Dale E EKoochagian, Richard E EMinchew, Teresa EO'Neil, Tom EPastor, Julie E E E E E E EReimers, Paul ESkinner, Stacy E E E E E E E E E E E E Planning Commission Jan Jan Feb Feb MarMarApr Apr Apr MayMayJun Jun Jul Jul AugAug Sep Sep Oct Oct Nov Nov Dec DecBarnes, AdBarney, Al E ENacy, KariRobinson, Gigi EFaliskie, DavidClemente, Nicholas E EHarper, Mary E EWalker, JoAnnLanham, Rick Board of Zoning Appeals Jan Feb MarApr MayJun Jul AugSeptOct NovDecMoffett, SusanVanderloo, PeterSemmes, Martha MasonCarter, JosephGutierrez, Gregory 132 Item c.