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HomeMy Public PortalAbout2021_tcmin0727COUNCIL MEETING July 27, 2021 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor Marty Martinez, Kari Nacy, Neil Steinberg and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Leesburg Chief of Police Greg Brown, Director of Public Works and Capital Projects Renee LaFollette, Director of Finance and Administrative Services Clark Case, Management and Budget Officer Jason Cournoyer and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Cummings. 3. SALUTE TO THE FLAG was led by Council Member Bagdasarian. 4. ROLL CALL All Council Members present. 5. MINUTES a. Work Session Minutes of July 12, 2021 MOTION2021-138 On a motion by Council Member Fox, seconded by Council Member Steinberg, the minutes of the Work Session of July 12, 2021, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy,. Steinberg and Mayor Burk Nay: None Vote: 7-0 b. Regular Session Minutes of July 13, 2021 MOTION2021-139 On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the minutes of the Regular Session of July 13, 2021, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 1 ! Page COUNCIL MEETING July 27, 2021 6. ADOPTING THE MEETING AGENDA MOTION2021-140 On a motion by Council Member Steinberg, seconded by Council Member Fox, the meeting agenda was moved for approval. Mayor Burk requested item 14.a. — Award of Non-exclusive Telecommunication Facility Franchises (Small Cell) Public Hearing be continued to August 10, 2021, due to procedural issues. MOTION2021-141 On a motion by Council Member Fox, seconded by Council Member Nacy, the following was proposed: To continue the Public Hearing for Award of Non-exclusive Telecommunication Facility Franchises (Small Cell) to August 10, 2021 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 The original motion to adopt the meeting agenda with item 14.a. continued to August 10 was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Steinberg, Vice Mayor Martinez, Nacy and Mayor Burk Nay: None Vote: 7-0 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. None. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS Mayor Burk reported that all of the rooms for the VML Conference at the Lansdowne Resort have been reserved for VML members and that the conference should be well attended. 11. PETITIONERS The Petitioner's Section was opened at 7:03 p.m. There were no Petitioners wishing to speak. 2 1,Page COUNCIL MEETING July .27, 2021 The Petitioner's Section was closed at 7:04 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2021-142 On a motion by Council Member Cummings, seconded by Council Member Nacy, the following consent agenda was proposed:: a. Storm Drainage Encroachment Agreement — 202 Oakcrest Manor Drive RESOLUTION2021-104 Authorizing the Mayor to Execute a Storm Drainage Encroachment Agreement between the Town of Leesburg, Virginia and Jodi Lynn Hooper of Residential Property Located at 202 Oakcrest Manor Drive NE b. Town Attorney's Employment Contract Motion to Approve a.3 % Pay Increase for the Town Attorney Effective August 17, 2021, as Additional Compensation in Accordance with the Town Attorney's Contract c. Appointment to the Environmental Advisory Commission RESOLUTION 2021-105 Appointing Bill Replogle to the Environmental Advisory Commission The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Amending the Town Council Rules of Procedure — Time Limits for Work Sessions MOTION2021-143 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the following was proposed:: RESOLUTION 2021-106 Amending the Town Council Rules of Procedure — Time Limits for Work Sessions 3 1 Page COUNCIL MEETING July 27, 2021 The motion was approved by the following vote: . Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote:' 7-0 b. Citizen Task Force to Evaluate the Establishment of a Police Advisory Commission MOTION2021-144 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the e following was proposed: RESOLUTION2021-107 Creation of a Citizen Task Force to Evaluate the Establishment of a Police Advisory Commission Council Member Nacy disclosed that her husband is currently employed with the Leesburg Police Department and attending the Police Academy but felt she could fairly and impartially vote on this item. Council and staff discussed the item. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg Nay: Fox, Nacy and Mayor Burk Vote: 4-3 c. Approve a Donation to the Loudoun Freedom Center MOTION2021-145 On a motion by Council Member Fox, seconded by Council Member Cummings, the following was proposed: To approve a one-time donation to the Loudoun Freedom Center in the amount of $25,740 to support preservation of the Sycolin.Cemetery with the stipulation that the funds cannot be used for any revenue producing activities at the site Council discussed the item. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy Nay: Steinberg and Mayor Burk Vote: 5-2 41 Page COUNCIL MEETING July 27, 2021 14. PUBLIC HEARINGS. a. Award of Non-exclusive Telecommunications Facility Franchises (Small Cell) The public hearing was continued. to August 10, 2021. b. Appropriation of School Proffers — North Star School and Loudoun. County High School Navy Junior Reserves Officer Training Corps Facility The Public Hearing was opened at 7:13 p.m. Mr. Clark Case presented Council with a request for an appropriation of school proffers for the North Star School and Loudoun County High School Navy Junior Reserves Officer Training Corps Facility. Council and staff discussed the item. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing wasclosed at 7:20 p.m. MOTION2021-146 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed. I move to approve the supplemental appropriation of Town collected proffered contributions totaling $1,755,000 for reimbursement of eligible project expenses for the expansion of the Loudoun County High .School Navy Junior Reserve Officers Corps Facility and the partial funding of the preliminary design and engineering costs of the North Star School.. RESOLUTION2021-108 Supplemental Appropriation of Proffers in the amount of $1,755,000 for Fiscal Year 2022 and Amendment to the Fiscal Year 2022-2027 Capital Improvements Program The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 5 1 Page COUNCIL MEETING July 27, 202.1 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Nacy disclosed she met with Ms. Molly Novotny, Mr. Charlie Kieler. and Mr. Kyle Crosby regarding their plans for the parcels across from the Villages at Leesburg. Council Member Nacy requested a joint meeting with the Planning Commission regarding this current progress of the Legacy Leesburg Town Plan draft. It was the consensus of Council to hold a joint meeting with the Planning Commission to receive the current status of the draft plan. Council Member Fox disclosed she met with Ms. Molly Novotny, Mr. Charlie Kieler- and Mr. Kyle Crosby regarding their plans for the parcels across from the Villages at Leesburg. Council Member Cummings disclosed he met with Mr. Truett Young with Stanley Martin Homes to discuss Tuscarora Crossing and Crescent Park. Mr. Cummings disclosed he met with Mr. Greg Wigfield regarding his development at Greenway Manor and Pastor Michelle Thomas with the Loudoun Freedom Center regarding the Sycolin Cemetery. Council Member Cummings requested:a mailing to all residents in the Old & .Historic District reminding them that their home is in the historic district and subject to specific guidelines and that they need to come to the Town and the Board of Architectural Review when they wish to make updates or additions to their home or property. It was the consensus of Council to send a reminder to residents in the Old & Historic District. Vice Mayor Martinez disclosed he met with Mr. Greg Wigfield and Mr. Ryan Wigfield to discuss the Greenway Manor development. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk requested a Work Session discussion on the new redistricting requirements to allow Council to establish a position on the topic to determine if Council believes Leesburg should stay in the redistricting as one entity or that it is okay if it were broken up into two districts. It was the consensus of Council to add this item to a future Work Session discussion. Mayor Burk requested the Sycolin Cemetery funds approved earlier on the agenda be submitted for reimbursement prior to payment. There was no Council support to suspend the rules to discuss at the current meeting, nor was there a consensus to discuss the request at a future work session. 19. TOWN MANAGER COMMENTS a. None. 61 Page COUNCIL MEETING July 27, 2021 20. CLOSED SESSION a. None. 21. ADJOURNMENT On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the meeting was adjourned at 7::35 p.m. K�lly k, Mayor Town of Leesburg ATTEST: Clerk of Council 2021_tcmin0727 7 1 Page July 27, 2021 — Town Council Meeting (Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It may not be entirely accurate. For greater accuracy, we encourage you to review the video of the meeting that is on the Town's Web site - www.leesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: The call to order tonight's July 27th, 2021 meeting of Leesburg Town Council. Anyone in the room needs hearing assistance, please see the Clerk. Council Member Cummings will be giving the invocation, followed by the salute to the flag. Council Member Bagdasarian will be doing that. The order is not quite right on the agenda, so we're going to do the invocation first and then the salute. Council Members? Cummings? Council Member Zach Cummings: Thank you. Bow your heads. Wise and loving one, bless our agenda to be fruitful and for the common good. Grant that we have ears to listen to the people we serve and the wisdom to act for justice. Amen. Mayor Burk: Let us all stand for the pledge. All right, let the record reflect that all members of Council are present. We have two sets of minutes. Do I have a motion for the work session minutes of July 12th, 2021? So moved by Council Member Fox. Second? Seconded by Council Member Steinberg. All in favor? Council Members: Aye. Mayor Burk: Opposed? Everybody was there. Regular session minutes of July 13tH Council Member Ara Bagdasarian: So moved. Mayor Burk: Council Member Bagdasarian, second? Council Member Kari Nacy: Second. Mayor Burk: Council Member Nacy. All in favor? Council Members: Aye. Mayor Burk: Opposed? 7-0. All right. We do not have any presentations. Does anyone have any Regional Commission Reports? Oh, I'm sorry. I missed that. Thank you. We need to adopt the meeting agenda. Do I have a motion? Council Member Neil Steinberg: So moved. Mayor Burk: [chuckles] Moved by Mr. Steinberg, seconded by Council Member Fox. All in favor? Council Members: Aye. Mayor Burk: I read that now? About the hearing? Christopher Spera: It's part of the agenda. Mayor Burk: Oh, okay. Council Member Steinberg made the motion seconded by Council Member Fox and I need to read that we need to address some procedural issues, the Town Attorney has advised me that we need to address some procedural . issues with respect to . the public hearing on the telecommunications infrastructure franchise. Accordingly, I need a motion to hold the public hearing open until the Town Council meeting on August 10th, 2021. Do I have a motion? Page 11 July 27, 2021 Council Member Suzanne Fox: So moved. Mayor Burk: So moved by Council Member Fox. Council Member Nacy: Second. Mayor Burk: Seconded by Council Member Nacy. All in favor? Council Members: Aye. Mayor Burk: Opposed? That's 7-0. That will come back August 10tH Christopher Spera: Thank you, Madam Mayor. Mayor Burk: All right. Is there any other amendments or deletions to the agenda at this point? All in favor then, indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? That's 7-0. All right. Now we have certificates of recognition and proclamations and presentations. Does anybody have a Regional Commission report? The only thing I would report on at this point is that the VML conference, all the rooms at Lansdowne have been reserved for VML members. The conference should be well attended. Petitioners, do we have any petitioners tonight? All right. Let me read this section on the petitioners here. One of the first orders of business is to hear from the public. All members of the public are welcome to address the Council on any item, matter, or issue. Please identify yourself, and if comfortable, give your address for the taped record. Any public speakers will be requested to state their name and spell it for the purpose of closed captioning. In the interest of fairness, we also ask that you observe the five-minute time limit. The green light on the timer will turn yellow at the end of four minutes indicating that you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of order adopted by this Council, the five-minute time limit will apply to all and there is nobody on the petitioners' signup, is there anybody in the audience that didn't get a chance to sign up that would like to speak? All right. Then, since there's no one speaking, I will close the petitioner section. That takes us to the approval of the consent agenda. I will read the items and then ask if anyone wants anything pulled at this point. The first one is a Storm Drainage Encroachment Agreement at 202 Oakcrest Manor Drive. B is the Town Attorney's Employment Contract. C is the Appointment to the Environmental Advisory Commission of Bill Replogle. Is there anything that anybody wants removed? Do I have a motion to accept the approval of the consent agenda? Council Member Cummings: So moved. Mayor Burk: Moved by Council Member Cummings, Second? Council Member Nacy: Second. Mayor Burk: By Council Member Nacy. All in favor? Council Members: Aye. Page 21 July 27, 2021 Mayor Burk: Opposed? This passes 7-0. All right, that takes us to our resolutions. The first resolution we have is amending the Town Council Rules of Procedure, time limits for work sessions, do I have a motion? Vice Mayor Fernando "Marty" Martinez: So moved. Mayor Burk: Vice Mayor Martinez. Second? Council Member Cummings: Second. Mayor Burk: Second by Council Member Cummings. Is there any discussion at this point? All in favor, indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? 7-0. All right. Number B is the citizen's task force to evaluate the establishment of a police advisory commission. Do I have a motion? Vice Mayor Martinez: So moved. Mayor Burk: By Vice Mayor Martinez. Council Member Steinberg: Second. Mayor Burk: By Council Member Steinberg. Is there any discussion of this item? Yes, Ms. Fox? Council Member Fox: I have a few comments I'd like to make on this one. I've said a lot already, but I received a few emails or more than a few emails, and I want to reiterate that I feel like this is another solution in search of a problem. I really feel like we're actually creating one, and that's due respect to my Council Members who may feel differently than me. I wanted to read a little excerpt here that, "We have an excellent Police Department in Leesburg and such a commission would interfere with the professional leadership of the department. We have a Chief of Police with a trained and experienced command staff, fully capable of dealing fairly and competently with any allegations of misconduct or abuse of patterns and practices. They are, in turn, supervised by the Town Manager and the Town Council who are accountable. That's what I wanted to reiterate. We're the ones, it stops with us, we're accountable. They have the advice and support of the Town Attorney and the Human Resources Department as well as the State's agencies. Another level of supervision or review, particularly by unaccountable nonprofessionals is unnecessary and will serve to reduce accountability." I did get a follow-up text from somebody who's concerned about this saying, "Neither the task force nor the commission would be accountable to me," and she has a problem with that. I just want to put that on the record, thank you. Mayor Burk: All right. Ms. Nacy? Council Member Nacy: Yes, I just have a disclosure to make before we vote on this, which is my husband is a Leesburg Police Officer in the Police Academy right now. I have consulted with our Town Attorney and believe that I can still vote fairly and impartially on this. Thank you. Mayor Burk: All right, Mr. Bagdasarian? Council Member Bagdasarian: It was my understanding or it is my understanding that this task force is not tasked with establishing a supervisory and review of the Police Department, but if possible, I'd like to have Chief Brown, if you wouldn't mind sharing from your perspective what you would consider the Page 31 July 27, 2021 downside to having increased engagement with the community. Because we don't even have the ability to have an oversight board in Leesburg. Mayor Burk: I will give permission for you to come up and speak now. Council Member Bagdasarian: Okay. [laughter] Chief Gregory Brown: Thank you, Madam Mayor. Can you repeat your question? Council Member Bagdasarian: From your perspective, what would the downside of embarking on such a task force be to look at opportunities to increase engagement with Police and the community, and vice versa? Gregory Brown: As Council knows, I've stayed steadfast on my belief that the Leesburg Police Department does an excellent job in delivering quality services to the community of Leesburg. I know that because of things that we've seen throughout the nation, that many seem to think that we need to get ahead of a problem before one exists. I understand that concept, but I do think there are other avenues in pursuing community engagement which, again, Leesburg does a very good job. I think those face to face contacts, I think the relationships, partnerships, and identifying particular stakeholders and leadership within our community can help us get to where we need to be at, which I think we're already there, but there's nothing wrong with further engagement to ensure that our community continues to have trust in the Leesburg Police Department serving them. I understand the environment which we are in as a nation, but as I've said from the beginning, we have to be very careful and use caution to ensure that what we are doing actually fits and is tailored to the needs of our community. Council Member Bagdasarian: Exactly. All right, thank you. Mayor Burk: Anyone else at this point? I have made my feelings very clear on this. I think that our Council Members are trying to be very proactive and they have only the very best intentions and I don't believe anybody on this dais wants to hurt the Police Department in any way, and I believe that everybody up here has high regard for you and for the Police Department, but that being said, I do feel very strongly that this is not the right time to be doing this, and that we have to be very careful what we do and how we do it so that we are not trying to give the impression that there's anything wrong because there is nothing wrong at this point that we're aware of with the Leesburg Police Department. If this helps with the community, and if that makes engagement possible, then maybe the education part of it could be useful, but because of the Town right now, I'm not very comfortable with voting for it, so I will not be supporting it. I want to make sure that it's very clear that nobody up here has any intention of doing anything to hurt the Police Department. They only want to make it better. That being the case, may I have a motion to accept the citizens' task force? Christopher Spera: Motion was made. Mayor Burk: Oh, you're right, Vice Mayor. Thank you guys for keeping-- Vice Mayor made the motion and Council Member Steinberg second. All in favor of the Citizen Task Force to Evaluate the Establishment of a Police Advisory Commission, please indicate by saying aye? Council Members: Aye. Mayor Burk: Opposed? Council Members: Nay. Page 41 July 27, 2021 Mayor Burk: That is Mr. Steinberg. Mr. Cummings, Mr. Martinez, and Mr. Bagdasarian in favor. Ms. Nacy, Ms. Fox, and Mayor Burk opposed. All right. Our next one is the Approval of a Donation to the Loudoun Freedom Center. Do I have a motion for that? Council Member Fox: So moved. Mayor Burk: Moved by Council Member Fox. Second? Council Member Cummings: Second. Mayor Burk: Second by Council Member Cummings. Was that Council Member Cummings? Okay. All right. I know you weren't fast enough. Is there any discussion on this at this point? All right. I will just say that I will not be supporting this. I feel very strongly that we made a honest commitment to the Loudoun Freedom Center to move forward and to give them the cemetery. We have spent the taxpayer's money, a great deal of taxpayer's money to get to this point. We now have it ready for them. I think that 25,000, although I understand how Ms. Fox got to it. I don't think that's the way that we should go at this point and I don't think it will be the last time we'll be hearing in regard to this so I'm uncomfortable using taxpayer's money to support the cemetery at this point. That being the case, Mr. Steinberg. Council Member Steinberg: Okay, thanks. Thank you, Mayor Burk. I came after you. To your point, I believe that the formula that was used to arrive at this amount is not accurate, doesn't accurately reflect the money that the Town spends in maintenance and will continue to spend. I don't believe there are extra dollars that are available with the giving of the cemetery to the Loudoun Freedom Center. We will still be maintaining the perimeter and incurring the exact same expense that we incur now. Thanks. Mayor Burk: All right. All in favor of this motion indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? Council Members: Nay. Mayor Burk: Nay. That makes Ms. Fox. Mr. Cummings, Vice Mayor Martinez, Mr. Bagdasarian, and Ms. Nacy in favor, and Mr. Steinberg and Mayor Burk opposed. All right, this next one, the public hearing, we'll not be doing that one. The next one is the Appropriation of School Proffers, North Star School, and Loudoun County High School, Navy Junior Reserve Officers Training Corps facility. Clark Case: Good evening, Mayor Burk, Vice Mayor Martinez, members of Town Council, and members of public. My name is Clark Case. I'm the Director of Finance and Administrative Services for the Town and I'm here to introduce the public hearing for our contribution reimbursement to the Loudoun County Public Schools for the Navy Junior ROTC and the North Star School. In 2005, the Council approved collection of school proffers from developers on behalf of the Loudoun County Public Schools. The Town has continued to collect proffers since then. The proffers are contributed by developers in order to offset the additional cost of additional children to educate and are restricted for school capital expansion purposes. The proffer money are restricted by State statute and cannot be used for any Town purpose. In November 2014, the Loudoun County Public Schools requested the use of Town school proffers in the amount of $3.13 million for the expansion of the Naval Reserve Officer's Training Corps facility and $1.75 million for preliminary design costs at the North Star School. To date, the Town has already appropriated $3.125 million for the NJROTC Facility, $2.18 million was paid over in 2015. In 2017, the Town appropriated another $945,000 for that facility. To date, the Town's not actually appropriated North Star School money, although the request has been with the Town for a long time. Page 51 July 27, 2021 In June of 2021, Loudoun County public schools requested reimbursement for the project expenses that they've actually now paid for $2.7 million, comprised of $950,000 for the NJROTC Facility, which was the original request for $3.13 million, less the 2.18 we've already forwarded to them. In addition to that, they're asking for $1,750,000 for North Star School design and engineering costs, all of these funds are actually been spent by the schools. They have provided us with acceptable documentation of their spend. They're now asking that we reimburse them from the proffer monies that's Town has already collected. The Town Zoning Administrator looks at each proffer and determines whether the spend that's been requested is eligible to be reimbursed from those proffers. That determination has been made that these are appropriate expenditures. After this reimbursement, there will be $1.7 million remaining for use for other projects by the schools. This is the proposed motion we're asking you to approve. The only reason we are having a public hearing on this, rather than putting it on a consent agenda type item is that it's in excess of 1% of the Town's annual budget. By state statute, we must conduct a public hearing in order to appropriate the money. The money is in-house and available. That's the end of my presentation. I'll entertain any questions if you have any. Mayor Burk: Are there any questions at this point? Ms. Fox. Council Member Fox: Just one quick question. You brought up the annual budget, and these proffers have stayed in our annual budget year over year, over year. This is always part of that? It's not just held aside in a different account? Clark Case: No, it's actually set aside in reserve account, it was not budgeted. That's why we're here. If it had been included in the original budget, we wouldn't be here. What happens is we collect the money and we put it in a reserve account. It goes directly to the reserve because it's not Town money, but it's collected on behalf of the schools by the Town, and we do all the administrative work for that program. Then when the schools want it, they request it from the Town and the Town then appropriates it at that time. A number of these have been requested for a number of years, but the capital projects can take 2, 3, 4 years sometimes, to roll down the county's CIP, and then get spent. Construction projects can take 2-3 years. We give it to them on a reimbursement basis. When they've spent the money, they supply us with the documentation that they spent it on those purposes, and then we ask Council to appropriate the funds and then we forward the funds. Council Member Fox: This is for appropriating this money into the budget and it's an excess of 1% and that's why we're here? Clark Case: Correct. Council Member Fox: Okay. Thank you. That's just a clarification I needed. Clark Case: No problem. Mayor Burk: Anyone else has a question at this point? The only thing I want to point out is that this money comes from the developers and it is exclusively for Leesburg schools. The school system determines what they want it for. We do not have anything to do with determining how the money is used, that comes through from a request from the school system. Clark Case: Well, we do have the responsibility to determine that the use of the money that the schools have done are within the restrictions that the developer stipulated when they gave the proffer. That's the ruling the Zoning Administrator makes, is he certifies that, "Yes, this is appropriate within the pledge." Mayor Burk: That being the case, do I have a motion to approve the -- Page 61 July 27, 2021 Christopher Spera: Madam Mayor, it's a public hearing. Mayor Burk: It's a public hearing? Gosh. At this point, is there anybody from the school system that would like to speak? Nobody from the school system? Is there anybody from the public that would like to speak? No one has signed up, but if anybody in the audience would like to speak that did not get a chance, all right, then I will close this public hearing and I will ask for a motion. Vice Mayor Martinez: So moved. Mayor Burk: Does the motion need to be read or is it okay? There you go, it's up on the board. It's up on the screen. Vice Mayor Martinez: [unintelligible] proffered contributions totaling, $1,755,000 for reimbursement of eligible project expenses for the expansion of the Loudoun County High School Navy Junior Reserve Officers Corps Facility and the partial funding of the preliminary design and engineering costs of the North Star School. Mayor Burk: Seconded by Council Member Steinberg. All in favor, indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? That's 7-0. All right, we are now at future meetings and agenda topics. Ms. Nacy, do you have anything you want to add for a future agenda? Council Member Nacy: Yes, and this might be more of a four head nod thing, but I was wondering if Council - Mayor Burk: It would have to be. [chuckles] Council Member Nacy: -would be willing to set up another co -meeting with the Planning Commission? As a just check -in, versus what I had proposed a little bit ago, which was, send us what you've got so far on Legacy Leesburg. Instead of that, maybe just a check -in with both bodies and make sure that if they have any questions, we can answer for them and vice versa. Mayor Burk: Okay, is there four people that are interested in adding that to the agenda? Ms. Fox, Mr. Cummings, Mr. Bagdasarian, and Ms. Nacy. That passes, that goes on. Anything else? Okay, Mr. Bagdasarian? Council Member Bagdasarian: Not at this time, thank you. Mayor Burk: Ms. Fox? Council Member Fox: [unintelligible] I can't remember, the other day, it was this past week, I'll get the exact date, with Molly Novotny, Charlie Kieler, and Kyle Crosby, for discussion of the parcels across from Village at Leesburg there just right across by Luck Stone. Mayor Burk: Luck Stone? Council Member Fox: Yes. It's across the street from Luck Stone. It's two parcels right there in Town, right across from Villages at Leesburg [unintelligible]. Mayor Burk: Okay, I'm sorry. I thought you said Virginia Village, so I was confused. Village at Leesburg. Okay. Council Member Nacy: I'm sorry, Madam Mayor, I have that same disclosure to make, [chuckles] I forgot. Page 71 July 27, 2021 Mayor Burk: All right, remember to fill out the form too. Mr. Steinberg? Mr. Cummings? Council Member Cummings: I have a couple of disclosures. I met with Truett Young with Stanley Martin Homes to discuss Tuscarora Crossing and Crescent Park. I met with Mr. Greg Wigfield to discuss his development at Greenway Manor. I had a phone conversation with Pastor Michelle Thomas at the Loudoun Freedom Center yesterday to discuss Sycolin Cemetery. I would ask for staff to prepare a mailing to all of the property owners in the old and historic district. I know this is something that has been done in the past, but this is a way to remind folks that own property in the district that they are in a historic district, and being owners of a property in a historic district, they need to follow certain guidelines. This is to help ensure folks remember that when they want to make updates or additions to their homes or their properties, that they need to come to the Town and to the BAR to make sure that they're doing that properly. Mayor Burk: So are there four people — I guess does this need to come to a discussion, or can we--? Okay. That would like the Planning Department to send letters to everyone in the historic district, reminding them that they are in the historic district and that there are certain rules they need to follow. Correct? If I got that right. Four people that would be interested in doing that? Do we know the cost that would be associated with that? Kaj Dentler: I don't know the exact cost, but it's minimal. Mayor Burk: All right, again, I'm sorry how many people are interested in doing that? Okay, everyone. All right, Mr. Martinez? Vice Mayor Martinez: I have one disclosure. I also met with Greg Wigfield and Ryan Wigfield on the Greenway Manor development. That is all. Mayor Burk: I have no disclosures, but I do have two things I would like to have a discussion on at a future meeting. One of them is, we are going to be impacted by redistricting this year or next, depending on how it all goes. Some people have indicated that Leesburg's numbers don't equate evenly and that there's a possibility that we could be split up. They've asked me, I'm sure some of them have asked you what is your opinion on it? What do you think?" As a Council, we should really take a position if we want to. If we want to say that as a Council, we think Leesburg should stay in the redistricting as one entity or that we are okay if it were broken up into two. I think we should have at least that discussion to find out what would be the pros and cons of either way. I was looking to see if four people would be willing to have that discussion at a future work session. All right, everybody? Okay. The next one is a holdover because I would like to have a discussion on the possibility of the Sycolin Cemetery that the funds that we just approved would be reimbursements so that the work would be done and then the Freedom Center would give us the information and the receipt and then we would reimburse them for the money rather than give them-- I'd like to have that discussion as to how would that work and would that be a good idea. I don't know if there are four people that would be willing to do that in a future discussion. Ms. Fox, Mr. Steinberg. Yes, sir? Council Member Cummings: I have a point of clarification, didn't we just pass a resolution providing a one-time donation to the Loudoun Freedom Center for the Sycolin Cemetery? Mayor Burk: Well, we are still providing them the one-time donation, we are just saying that as you do the work, you give us a receipt for it. Council Member Cummings: I guess in my opinion though, if that's what we're going to do, we should have amended the resolution to add that into it. We passed a resolution saying, "We're giving you a one - Page 81 July 27, 2021 time donation," but now we're also saying, "Hold on, we want to see receipts for that." I'm just curious with the Town Attorney what we're discussing here. Christopher Spera: I am flipping through my book to see what was written up, because that will be instructive. Why am I having a hard time finding this? Because it's not in mine, that's why. Mayor Burk: The reason that I just brought it forward is just, I think that's a good accounting for the taxpayer's money, that's all. Christopher Spera: The Clerk's going to put it up on the screen for us, or you can email it to me, whichever one you're doing, yes. Mayor Burk: The motion was on the Sycolin Cemetery? Christopher Spera: Yes, so what is written here on the agenda says, "I move to approve a one-time donation to the Loudoun Freedom Center in the amount 25 and change to support preservation of the Sycolin Cemetery with the stipulation that the funds cannot be used for any revenue -producing activities at the site." That is the motion that was in your agenda. The question really is what the Mayor is proposing, is that a way to effectuate the language here, the stipulation that the funds cannot be used for any revenue - producing activities at the site. Reimbursement would be one way to do that. Ms. Fox, it was your motion. Council Member Fox: Is it an administrative thing or do we have to vote whether it's going to be a reimbursement? Do we have to vote for those words or is it something administrative? Because an accounting is not a bad thing. Christopher Spera: The fact that we're reimbursing them doesn't mean it's not a donation. Those words are not mutually exclusive, it's still a donation. Whether you give it to them in advance or you give it to them after the fact, it's still a donation. The use of the word donation, to me, is not dispositive one way or the other. Council Member Cummings: I guess my only question would be- Sorry, to jump in here. Are we just asking them to give an accounting back to us of what they spent the 25,740 on, or in order to get the 25,740, you'd like to see the receipts first? Mayor Burk: Well, that would be part of what the discussion would have been, but as for me, accounting to the taxpayer is not a bad thing to do and if we're donating this money, I don't think it's unreasonable to ask them to do the work and then get reimbursed for the work. That's what this -- Council Member Cummings: I don't have any problem with the accountability, I just, in my opinion, that could have been an amendment to the motion that we made earlier in the meeting. That's all. Do we need to rescind that motion? Mayor Burk: No, no. There's no rescinding the motion. [laughs] Mr. Cummings has concerns about the procedure of it. Is it -- Christopher Spera: You have acted. There was a vote, 5-2. The motion carried. Mayor Burk: Correct. Christopher Spera: Mayor Burk, what you've proposed is that the Council have a subsequent discussion regarding how you effectuate this donation. There's a couple of ways to do it. Procedurally, somebody could make a motion to suspend the rules and you could have that discussion tonight. You can add it right now if you move to suspend the rules, and you can clarify it this evening, exactly what you want to do, or if you get four votes, you can add it or four head nods, you can get it added to a subsequent agenda and deal with it at that time. Page 91 July 27, 2021 Mayor Burk: Now, Ms. Fox's question was, this isn't something that could just be administratively done. Do we actually have to vote? Does it have to be a vote on it? Christopher Spera: Given that there's this disagreement between the two of you, whichever way Mr. Dentler and I chose to do it - Mayor Burk: One of us would be able-- [laughs] Christopher Spera: -one of you would be unhappy. I would very much prefer from the staffs perspective that you decide. Mayor Burk: All right. That makes sense. Right. [crosstalk] Christopher Spera: Whichever way you want to do it, we'll do it. We will administer it in the manner that you prescribe. Mayor Burk: You gave us two options, then we could suspend the rules tonight and discuss it tonight, and someone will have to make that motion, or we would bring it up at another work session. Christopher Spera: Correct. Mayor Burk: Is there anyone that-- Yes, Mr. Martinez? Vice Mayor Martinez: Well, my only concern is that we already gave the donation without any stipulations. We've done that in the past. The other resolutions where we made donations and we did want an accounting for it, we included in the resolution. My feeling is for $25,000 and it's a grant to do what they need to do to the cemetery. I think it'd be misusing staff time to have to sit there and verify their spending. Mayor Burk: Mr. Steinberg? Council Member Steinberg: I'm just curious, in the resolution, did we even stipulate that the money has to be spent on Sycolin cemetery? Council Member Fox: Yes, we did. Council Member Steinberg: Is that wording there? Council Member Fox: It's right here. Christopher Spera: The motion in the agenda reads with the stipulation that the funds cannot be used for any revenue -producing activities at the site. Council Member Steinberg: We had a discussion earlier for a much larger amount of money where the Loudoun Freedom Center would contract for work to be done, and present the Town with the bill and we would pay for it, so if that's what we're talking about then -- Mayor Burk: It is. Council Member Steinberg: Okay. Mayor Burk: Ms. Fox. Council Member Fox: This discussion just brings to the surface something that Council Member Steinberg brought up a few meetings ago about we have to normalize our process with this. I think that's the discussion we need to have is that something I think we all voted to have that discussion. I think we should be-- What's Page 101 July 27, 2021 the word for it? We should be consistent with how we do these things from here, and to Vice Mayor Martinez's point, we have done things like this in the past. When we have our discussion, I think we have an opportunity to figure out the process for this. Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: The way that it has been framed over the past several meetings is really, it's an infrastructure grant to address the drainage issues. I don't think that we need to continue this discussion further. This has been going on for quite a while. If we're going to have a discussion, I think we should have it tonight, and get this wrapped up, and then move forward. That's all. Mayor Burk: If that were the case, then someone would have to make a motion to suspend the rules and you would have to have a second, and so nobody's doing that. [chuckles] So, then, are there four votes to discuss at a future work session to discuss the idea of reimbursement? I'm being specific to this right now because that's what I brought up. Council Member Fox: Got it. It wouldn't be in combination with what we're going to discuss. Mayor Burk: That would be separate. We would need another motion to do that. Are there four people that would be interested in doing that discussion? Myself, Ms. Fox, Ms. Nacy. That will not pass then. We will not discuss that and I'll let that go at that point then. Town Manager, is there anything you have to add? Kaj Dentler: No comment. Mayor Burk: Okay. Do I have a motion to adjourn? Council Member Steinberg: So moved. Mayor Burk: Second? Council Member Bagdasarian: Second. Mayor Burk: All in favor? Council Members: Aye. Mayor Burk: Opposed? All right. We have a closed session? No, we don't have. Page 11 I July 27, 2021