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HomeMy Public PortalAbout2021_tcmin0914 COUNCIL MEETING September 14, 2021 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Zach Cummings, Suzanne Fox, Vice Mayor Marty Martinez, Kari Nacy, Neil Steinberg, Ara Bagdasarian and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Director of Public Works and Capital Projects Renee LaFollette, Director of Planning and Zoning Susan Berry Hill, Emergency Management Coordinator Joe Dame, Zoning Administrator Michael Watkins, Senior Planning Project Manager Chris Murphy, Clerk of Council Eileen Boeing and Deputy Clerk of Council Choi "Ck" Chan. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Steinberg. 3. SALUTE TO THE FLAG was led by Mayor Burk. 4. ROLL CALL a. Electronic Participation Council Member Kari Nacy requested to electronically participate in the September 14, 2021, Council Meeting. MOTION2021-160 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: To allow Council Member Nacy to electronically participate in the September 14, 2021, Council Meeting The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: None Vote: 6-0-1(Nacy abstain) 5. MINUTES a. Work Session Minutes of August 9, 2021 MOTION2021-161 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the minutes of the Work Session of August 9, 2021, were moved for approval. 1 I Page COUNCIL MEETING September 14, 2021 The motion was approved by the following vote: Aye.• Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1(Bagdasarian abstain) b. Regular Session Minutes of August 10, 2021 MOTION2021-162 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the minutes of the Regular Session of August 10, 2021, were moved for approval. The motion was approved by the following vote: Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1(Bagdasarian abstain) c. Work Session Minutes of August 16, 2021 MOTION 2021-163 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the minutes of the Work Session of August 16, 2021, were moved for approval. 111 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 6. ADOPTING THE MEETING AGENDA MOTION2021-164 On a motion by Council Member Cummings, seconded by Council Member Bagdasarian, the meeting agenda was 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 7. CERTIFICATES OF RECOGNITION a. None. 2 I Page COUNCIL MEETING September 14, 2021 8. PRESENTATION OF PROCLAMATIONS a. National Hispanic Heritage Month Mayor Burk read the proclamation for National Hispanic Heritage Month. Diversity Commission Chair Linda McCray accepted the proclamation and made a few remarks. b. Childhood Cancer Awareness Month Mayor Burk read the proclamation for Childhood Cancer Awareness Month. Team Mathias Foundation Founders Chris and Roya Giordano accepted the proclamation and Mrs. Giordano made a few remarks. c. Constitution Week Mayor Burk read the proclamation for Constitution Week. Ms. Joan Whitener with the Ketoctin Chapter of the Daughters of the American Revolution(DAR), accepted the proclamation and made a few remarks. d. National Preparedness Month Mayor Burk read the proclamation for National Preparedness Month. Emergency Management Coordinator Joe Dame accepted the proclamation and made a few remarks. e. American Cancer Society's Loudoun County Relay for Life MOTION 2021-165 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: I move to approve the Relay for Life Proclamation to be presented at the September 14, 2021, Town Council Meeting. 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 Mayor Burk ready the proclamation for the American Cancer Society's Loudoun County Relay for life. Mr. Ron Petrella accepted the proclamation and made a few remarks. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS Mayor Burk distributed the regional report from the County's Economic Development Meeting to Council and noted that at the Northern Virginia Transportation Authority meeting 3 I Page COUNCIL MEETING September 14, 2021 it was announced that Leesburg had received funding for the overpasses in response to the Town's request. 11. PETITIONERS The Petitioner's Section was opened at 7:24 p.m. [A translator was present to interpret comments for the non-English speaking petitioners.] Maria Garcia, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Evelin Garrido, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Adele Vgarte, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Jose Monroy, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Jose Mario Turcios, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Abby Rivas, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Katherine Escobar, Leesburg. Spoke to Council on behalf of her grandmother and herself regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Emma Ortiz, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Americo Lopez, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. 4 I Page COUNCIL MEETING September 14, 2021 Beatriz Perez, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Heidy Perez, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Genaro Echverria, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and requested Council assistance in doing anything within their power to avoid being evicted from their home. Sophia Fayed, New Virginia Majority. Spoke to Council on behalf of the Leesburg Mobile Home Park residents and requested Council assistance in doing anything within their power to avoid residents being displaced from their homes. Ms. Fayed provided some available options. The Petitioner's Section was closed at 7:54 p.m. 12. APPROVAL OF THE CONSENT AGENDA Council Member Steinberg requested item 12.c. —Sycolin Cemetery—Modifications to Existing Agreement for Donation of Real Estate be removed from the Consent Agenda for discussion. Council Member Fox requested item 12.j. —Loudoun County Referral—Village at Clear Springs be removed for discussion. The motion to approve the Relay for Life proclamation was moved to item 8.e. under Proclamations. MOTION2021-166 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following consent agenda with items 12.c. —Sycolin Cemetery—Modifications to Existing Agreement for Donation of Real Estate and 12 j. —Loudoun County Referral— Village at Clear Springs removed was proposed: a. Appointing Enrique Gonzalez to the Police Citizen Task Force RESOLUTION2021-127 Appointing Enrique Gonzalez to the Police Citizen Task Force b. Appoint a Technology and Communications Commission Member RESOLUTION2021-128 Appointing Daoud Ahmed to the Technology and Communications Commission d Loudoun Freedom Center Donation—Supplemental Appropriation RESOLUTION2021-129 Approve a Supplemental Appropriation in the amount of$25,740 to Execute a Donation to the Loudoun Freedom Center to Support the Preservation of the Sycolin Cemetery in accordance with Motion 2021-145 5 I Page COUNCIL MEETING September 14, 2021 e. Morven Park Road Sidewalk Project— Waterline Improvements Construction Contract Award RESOLUTION2021-130 Awarding a Waterline Improvements Contract for the Morven Park Road Sidewalk Project to Madigan Construction Incorporated in the amount of$893,610 f. Virginia Department of Transportation Fiscal Years 2023 and 2024 Revenue Sharing Program Funding RESOLUTION2021-131 Endorsing the Application for the Virginia Department of Transportation Fiscal Year 2023 and Fiscal Year 2024 Revenue Sharing Program Funding for the Route 15 Bypass/Edwards Ferry Road Interchange Project and RESOLUTION2021-132 Endorsing the Application for the Virginia Department of Transportation Fiscal Year 2023 and Fiscal Year 2024 Revenue Sharing Program Funding for the Ayr Street NW Sidewalk Improvements Project and RESOLUTION2021-133 Endorsing the Application for the Virginia Department of Transportation Fiscal Year 2023 and Fiscal Year 2024 Revenue Sharing Program Funding for the Church Street, South Street, Harrison Street Improvements Project and RESOLUTION2021-134 Endorsing the Application for the Virginia Department of Transportation Fiscal Year 2023 and Fiscal Year 2024 Revenue Sharing Program Funding for the King Street Improvements(Market Street to North Street)Project and RESOLUTION2021-135 Endorsing the Application for the Virginia Department of Transportation Fiscal Year 2023 and Fiscal Year 2024 Revenue Sharing Program Funding for the South King Street Improvements(Royal Street to South Street)Project and 6 I Page COUNCIL MEETING September 14, 2021 RESOLUTION2021-136 Endorsing the Application for the Virginia Department of Transportation Fiscal Year 2023 and Fiscal Year 2024 Revenue Sharing Program Funding for Milling and Resurfacing Certain Streets Within the Town g. Virginia Department of Transportation Fiscal Years 2023 and 2024 Transportation Alternatives Program(TAP)Funding RESOLUTION2021-137 Endorsing the Application for the Virginia Department of Transportation Fiscal Year 2023 and Fiscal Year 2024 Transportation Alternatives Program(TAP) Funding for the Catoctin Circle Trail Project and RESOLUTION2021-138 Endorsing the Application for the Virginia Department of Transportation Fiscal Year 2023 and Fiscal Year 2024 Transportation Alternatives Program(TAP) Funding for the Plaza Street Sidewalk Project h. Emergency Operations Plan and Preparedness RESOLUTION2021-139 Adopting the 2021 Town of Leesburg Emergency Operations Plan Updating Council's Ethics Policy RESOLUTION2021-140 Amending Town Council's Ethics Policy k. Motion to Approve the National Arts and Humanities Month Proclamation MOTION Mayor Burk moved to approve the Arts and Humanities Month Proclamation to be presented at the September 28, 2021, Town Council Meeting. The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg, and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) c. Sycolin Cemetery—Modifications to Existing Agreement for Donation of Real Estate Council Member Steinberg clarified statements made in the paper and commented that the Town will continue to have recurring maintenance expenses around the cemetery. • 7 I Page COUNCIL MEETING September 14, 2021 MOTION2021-167 On a motion by Council Member Cummings, seconded by Council Member Fox, the following was proposed.' RESOLUTION2021-141 Approving Modifications to the Existing Agreement for the Donation of Real Estate between the Town of Leesburg and the Loudoun Freedom Center for the Sycolin Cemetery The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy Nay: Steinberg and Mayor Burk Vote: 5-2 j. Loudoun County Referral— Village at Clear Springs Council Member Fox disclosed that she had a conversation with Mr. Hobie Mitchell regarding this project. Ms. Fox asked Council to separate any staff comments regarding denial of the project since this is only the first submission. Council and staff discussed the consolidated comment letter. Council Member Fox a motion to separate the staff recommendation for denial from the rest of the comment letter. MOTION On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following was proposed: To remove the staff recommendation for denial from the Consolidated Comment Letter to the County regarding the Village at Clear Spring application The motion failed by the following vote: Aye: Fox, Vice Mayor Martinez, Nacy Nay: Bagdasarian, Cummings, Steinberg and Mayor Burk Vote: 3-4 MOTION2021-168 On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the following was proposed: RESOL UTION2021-142 Endorsement of the Consolidated Comment Letter for ZMAP 2021-0008, Village at Clear Springs, First Submission The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Fox, Nacy Vote: 5-2 8JPage COUNCIL MEETING September 14, 2021 13. RESOLUTIONS /ORDINANCES /MOTIONS a. Designating a Voting Member for the 2021 Virginia Municipal League (VML)Business Session Council Member Steinberg nominated Vice Mayor Martinez to be the Town's delegate at the VML Annual Business Meeting. Mr. Martinez accepted the nomination. MOTION2021-169 On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the following was proposed: RESOLUTION2021-143 Designating a Voting Member for the 2021 Virginia Municipal League(VML) Business Session with Vice Mayor Martinez as the Town's delegate 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 Mayor Burk nominated Council Member Steinberg as the alternate delegate at the VML Annual Business Meeting. Mr. Steinberg accepted the nomination. MOTION2021-170 On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the following was proposed: RESOLUTION2021-143 Designating a Voting Member for the 2021 Virginia Municipal League(VML) Business Session with Council Member Steinberg as the alternate delegate 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 14. PUBLIC HEARINGS a. TLOA-2021-0001 Crescent Design District Zoning Text Amendment The Public Hearing was reopened at 8:10 p.m. Mr. Michael Watkins provided Council with an overview of the proposed Crescent Design District Zoning Text Amendments which include the following proposed amendments to the Zoning Ordinance: 9 I Page COUNCIL MEETING September 14, 2021 • Clarification of the regulations in the Crescent Design District • Incorporation of the Gateway Design Guidelines for signs • Adding three sections that reflect the dimensions in the corresponding tables • Correcting a disconnect between the streets section standards and the table and the Zoning Ordinance • Correcting a disconnect between a design construction standards manual dimension for the setback of a structure from an alley • Adding a table that reflects the yard requirements and in regard to parking on the lot versus no parking • Including streetscape standards so the dimensioning of the section corresponds with the tables and is properly reflected on the streetscape graphics in the Zoning Ordinance • Updating the Town Plan process as required by the General Assembly regarding approval of a comprehensive plan amendment which stipulates timeframes of which the Planning Commission and Council are to act based on the number of parcels • Including sections in Article 15 signs to reflect the Gateway District design standards Council and staff discussed the proposed amendments. Public Speakers: There were no public speakers wishing to speak at the public hearing. The public hearing was closed at 8:21 p.m. MOTION2021-171 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: ORDINANCE 2021-0-019 Amending Zoning Ordinance Articles 3, 7 and 15 to Clarify Certain Sections and Incorporate Changes to the Virginia Code The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg Nay: Fox and Mayor Burk Vote: 5-2 b. Zoning Ordinance Text Amendment Application TLOA-2020-0004 Revising Use Regulations, Density/Intensity, and Dimensional Standards in the GC— Government Center Zoning District c. TLOA-2021-0007 Revising the H-1 Overlay District to include the entirety of the 20 Union Street NW Property 10 I Page COUNCIL MEETING September 14, 2021 d. TLZM-2020-0005: 20 Union Street NW H-1, Overlay. Old and Historic District Zoning Map Amendment and TLZM-2021-0001: 20 Union Street NW GC— Government Center Zoning Map Amendment. All three public hearings (items 14.b., 14.c., and 14.d.) were opened at 8:24 p.m. Mr. Chris Murphy provided an overview of the project addressing the Zoning Ordinance, text amendments, and rezoning applications related to 20 Union Street NW noting that the subject property recently transferred ownership from Loudoun County Public Schools to the Loudoun County Board of Supervisors. The property is split zone R-HD with H-1 Overlay and R-6 with the Gateway District Overlay. Council and staff discussed the project. Mr. Chris Stephenson with the engineering firm Gordon gave a presentation to Council on the proposed concept plan for the property. Mr. Stephenson and Mr. Artie Wright with Loudoun County General Services discussed the project with Council. Public Speakers: Eugene Scheel. Spoke to Council in support of the proposed amendments and historic overlay designation. The public hearing was closed at 8:48 p.m. MOTION2021-172 On a motion by Council Member Bagdasarian, seconded by Council Member Fox, the following was proposed: I move that Zoning Ordinance Amendment TLOA 2020-0004 revising the Use Regulations, Density/Intensity and Dimensional Standards in the GC—Government Center Zoning District be approved on the basis that the amendments further the objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. ORDINANCE 2021-0-020 Amending Zoning Ordinance Text Amendment Application TLOA-2020-0004 Revising Use Regulations, Density/Intensity, and Dimensional Standards in the GC—Government Center Zoning District 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 11 I Page COUNCIL MEETING September 14, 2021 MOTION2021-173 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the following was proposed: I move that Zoning Ordinance Amendment TLOA 2021-0007 revising the boundary description of the H-1 Overlay District in Zoning Ordinance Sec. 7.5.3 Historic District Created, Established be approved on the basis that the amendment furthers the objectives of the Town Plan and that the proposal would serve the public necessity, convenience,general welfare and good zoning practice. ORDINANCE 2021-0-021 Approving Zoning Ordinance Text Amendment Application TLOA-2021-0007 Revising Zoning Ordinance Section 7.5.3 Historic District Created, Established to Incorporate the Entirety of 20 Union Street NW 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 MOTION2021-174 On a motion by Council Member Cummings, seconded by Council Member Steinberg, the following was proposed: I move that rezoning application TLZM-2021-0001, 20 Union Street NW GC— Government Center Zoning Map Amendment, be approved on the basis that the rezoning meets the Approval Criteria of TLZO Section 3.3.15, and the proposal will serve the public necessity, convenience,general welfare and good planning practice, on the condition that all subsequent development shall be in substantial conformance with the Concept Plan dated July 30, 2021 prepared by Gordon Associates, Inc. ORDINANCE 2021-0-023 Approving TLZM-2021-0001 Rezoning 20 Union Street to GC, Government Center Zoning District 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 12 I Page COUNCIL MEETING September 14, 2021 MOTION2021-175 On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was proposed.. I move that rezoning application TLZM-2020-0005 20 Union Street NW H-1, Overlay, Old and Historic District Zoning Map Amendment be approved on the basis that the rezoning meets the Approval Criteria of TLZO Section 3.3.15, and the proposal will serve the public necessity, convenience,general welfare and good planning practice, on the condition that all subsequent development shall be in substantial conformance with the Concept Plan dated July 30, 2021 prepared by Gordon Associates, Inc. ORDINANCE 2021-0-022 Approving TLZM-2020-0005 Rezoning 20 Union Street NW to H-1 Overlay, Old and Historic District 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. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Vice Mayor Martinez requested to have Town staff research options for the Leesburg Mobile Home Park to protect the residents from being evicted from their homes. It was the consensus of Council to have staff research options and report their findings to Council. Vice Mayor Martinez asked about disclosure requirements. Council Member Fox requested a proclamation for Polish Heritage Month in October. It was the consensus of Council to add this proclamation for presentation in October. Council Member Fox noted she disclosed her discussion with Mr. Hobie Mitchell during discussion of the item. Council Member Bagdasarian noted that the committee for murals on private buildings held its first meeting and that he intends to give Council and update in a few months regarding their progress. 13 I Page COUNCIL MEETING September 14, 2021 (Council Member Bagdasarian's remarks and additional remarks by Vice Mayor Martinez and Council Member Fox were delivered after the closed session.) 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk welcomed Dunkin' Donuts. Mayor Burk congratulated the Town on another successful Taste of Leesburg event. Mayor Burk congratulated Mr. William Murphy on • achieving the rank of Eagle Scout. Mayor Burk noted she attended the VML Executive Committee and that she attended the Freedom Ride on the 20th where motorcycles ride by on their way to the 9-11 event at the Pentagon. Mayor Burk congratulated Ms. Kaley Boyles for her mural on the bridge at the creek. Mayor Burk welcomed the Muslim Community Center and was invited by Mr. Amir Sahib to participate in the ribbon cutting. Mayor Burk participated in the ribbon cutting for the New Energy Chiropractors and welcomed them to Town. Mayor Burk remarked on the International Overdose Awareness Month ceremony held at the Town garage where the garage was illuminated for awareness as part of the event. Mayor Burk congratulated Parks and Rec for their dog swim. Mayor Burk noted she and Council Member Cummings attended the ribbon cutting ceremony of the Loudoun Islamic Learning Center. Mayor Burk thanked the Tuscarora High School field hockey girls for asking her to give them a speech before their first game. (Mayor Burk's comments were delivered after the closed session.) 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION a. Pending Litigation/Annexation and/or a Boundary Line Agreement with respect to the JLMA MOTION2021-176 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the following was proposed: I move pursuant to§sr 2.2-3711(A)(7)and 2.2-3711(A)(8)of the Code of Virginia that the Leesburg Town Council convene in a dosed meeting for the purpose of discussion and receiving information regarding consultation with legal counsel and briefings by staff members pertaining to the pending litigation of Town of Leesburg et al v. Loudoun County et al, Loudoun County Circuit Court No. 19-1768 where such consultation in open session would adversely affect the negotiating or litigating posture of the Town;and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, and pertaining to a potential annexation and/or boundary line agreement with respect to the JLMA. 14 I Page COUNCIL MEETING September 14, 2021 1 1 1 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 Council convened in a closed session at 8:55 p.m. Council reconvened in an open session at 9:30 p.m. MOTION2021-177 On a motion by Mayor Burk, the following was proposed: In accordance with Section § 2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following roll call vote: Council Member Bagdasarian — aye, Vice Mayor Martinez — aye, Council Member Cummings — aye, Council Member Steinberg — aye, Council Member Fox — aye, Council Member Nacy — aye and Mayor Burk — aye. Vote: 7-0 21. ADJOURNMENT On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was adjourned at 9:36 p.m. ATTEST: Clerk of Council 2021 tcmin0914 Kell/ Burk, ayor Town of Leesburg 15 I Page September 14,2021 —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: Good evening. Forgive me if I mess this up. Bien. I'm trying to say welcome in Spanish, bienvenidos. [laughs]Thank you.Welcome, everyone, for being here today. I would like to call to order this meeting of the Leesburg Town Council. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Steinberg will be giving the invocation followed by a pledge of allegiance by myself. Council Member Steinberg. Council Member Neil Steinberg: Thank you.A moment of silence, please as we reflect on the work we have to do here this evening. [pause] Thank you, everyone. Mayor Burk: Let the record reflect that all members of Council are here with the exception of Kari Nacy. I need a motion to allow her to participate electronically. So moved by Council Member Steinberg, second by Vice Mayor Martinez.All in favor indicate by saying aye. Council Members:Aye. Mayor Burk: Opposed?All right,that passes. I need to let her know that she's participating. Ms. Nacy, I just wanted to let you know that you are now participating. Council Member Kari Nacy: Thank you. Mayor Burk:All right.Would you please rise and join me in the Pledge of Allegiance? All: I pledge allegiance to the Flag of the United States of America [inaudible]. Mayor Burk:We have three sets of minutes. The first set is for the regular work session minutes of August 9th, 2021 moved by Vice Mayor Martinez. Second? Council Member Zach Cummings: Second. Mayor Burk: Second by Council Member Cummings. All in favor, indicate by saying aye. Council Members:Aye. Mayor Burk: Opposed?That's seven-zero. Regular session minutes of August 10th. Moved by Mr. Martinez. Second? Council Member Suzanne Fox: Second. Mayor Burk: Second by Council Member Fox.All in favor indicate by saying aye. Council Members:Aye. Mayor Burk: Opposed? Page 11 September 14,2021 Council Member Ara Bagdasarian: I need to abstain. I wasn't at either meeting. Mayor Burk: Okay,then our vote is actually 6-0-1. Is that correct?6-0-1 and 6-0-1 for the August 10th. The work session meetings of August 16th. Is there a motion? Moved by Mr. Martinez, seconded by Council Member Steinberg.All in favor indicate by saying aye. Council Members:Aye. Mayor Burk: Opposed?You were there for that one? Correct. Council Member Bagdasarian:Yes. Mayor Burk: Okay. May I have a motion to adopt the meeting agenda? Council Member Cummings: So moved. Mayor Burk: So moved by Council Member Cummings. Second? Council Member Bagdasarian: Second. Mayor Burk: Seconded by Council Member Bagdasarian. Is there any amendments or deletions at this point? Okay.All in favor indicate by saying aye. Council Members: Aye. Mayor Burk: Nay?That passes 7-0.We have no certificates of recognitions, but we do have four proclamations. Our first proclamation is-- Let me get down. I will read them up here and then I will come down to present them to certain individuals. The first one is the National Hispanic Heritage Month. September 15th through October 15th, 2021 is National Hispanic Heritage Month,whereas September 15th through October 15th is a National Hispanic Heritage Month.We celebrate the many ways the Hispanic-Americans have helped shape our communities. Throughout the Hispanic Heritage Month,was created to showcase and highlight the Hispanic contributions throughout our nation. Whereas the National Hispanic Heritage Month 2021 observance theme is Esperanza, the Celebration of Hispanic Heritage and Hope. The theme invites us to celebrate Hispanic Heritage and to reflect on how great our tomorrow can be if we hold on to our resilient hope, and whereas it encourages us to reflect on all the contributions Hispanics have made in the past and will continue to make in the future. It is also a reminder that we are stronger together.Whereas the Town of Leesburg, Leesburg's growing Hispanic population is strong and vibrant and a key part of the fabric of our community. Whereas the Hispanic population has a profound and positive influence on our communities throughout their strong commitment to family,faith, hard work, service, and whereas we welcome Linda McCray, the Chair of the Diversity Commission as accepting this proclamation on behalf of the Hispanic community, and therefore,the Mayor and the Council of the Town of Leesburg, Virginia, hereby proclaim September 15 to October 15 as 2021 as Hispanic Heritage Month and encourage all residents to join in recognizing and preserving the influences made by Hispanic Americans. Proclaimed this 14th day of September.We have a second one that is Childhood Cancer Awareness and that's this one. Childhood Cancer Awareness Month, September 20, 2021.Whereas childhood cancer is a leading cause of death by disease in children.Whereas 1 in 285 children in the United States will be diagnosed by their 20th birthday with an average age of diagnosis being six years old, and whereas two-thirds of the childhood cancer patients will have chronic health conditions, as a result,their treatment toxicity with one quarter being classified as severe to life-threatening. Whereas approximately one-half of the childhood cancer family rates associated financial toxicity due to the out-of-pocket expenses as considerable to severe. Page 21 September 14, 2021 - I Whereas the last 20 years, only four new drugs have been approved by FDA to specifically treat childhood cancer.Whereas the National Cancer Institute recognizes the unique research needs of childhood cancer and the associated needs for increasing funding to carry this out.Whereas hundreds of nonprofit organizations at the local and national level, including the American Child Cancer Organization, are helping children with cancer and helping their families cope through educational, emotional, and financial support.Whereas researchers and healthcare professionals work diligently dedicated their expertise to treat and cure our children with cancer. Whereas too many children are affected by this deadly disease and more must be done to raise awareness and find a cure.Whereas we welcome Team Mathias foundation to accept this proclamation. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia recognizes September 21st as Childhood Cancer Awareness Month and encourages all residents to observe Childhood Cancer Awareness Month and to support this cause that so deeply impacts families in every community across our country. Proclaimed this 14th day. Our next one is Constitution Week. That one is September 17th to the 23rd.Whereas It is a privilege and the duty of the American people to commemorate the anniversary of drafting the Constitution of the United States of America with appropriate ceremonies and activities.Whereas the United States Constitution stands as a testament to the tenacity of Americans throughout history to maintain their liberties, freedoms, and inalienable rights.Whereas it is fitting and proper to accord official recognition of this magnificent document and this memorial anniversary into the patriotic celebrations which will commemorate it. Whereas we recognize the Catoctin Chapter of the Daughters of the American Revolution as accepting this proclamation, and whereas the tradition of celebrating the Constitution was started many years ago by the Nations Society Daughters of the American Revolution. In 1955,the Daughters petitioned Congress to set aside September 17th to the 23rd annually for the observance of the Constitution Week. Congress later adopted a resolution to do so in the Public Law 915 was signed into law on August 2nd, 1956, by President Dwight D Eisenhower. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg, Virginia, do hereby proclaim the week of 17th to the 23rd of September as Constitution Week in the Town of Leesburg and urge all citizens to study the Constitution and reflect on the privilege of being an American with all the rights and responsibilities that privilege involves. Proclaimed this 14th day.We've got National Preparedness Month. That one says,whereas National Preparedness Month is recognized annually in September and serves at a time when communities across the nation prepare for all types of emergencies and disasters which can occur often with little notice. Whereas this year's theme is Prepare to Protect as preparing for disasters is protecting everyone you love.Whereas during the emergency, every second counts. Emergency Preparedness Programs educate individuals, families, and organizations, how to prepare before, during, and after a disaster. Whereas the Town has an emergency management program that envisions Leesburg as a prepared and resilient community. Whereas the office of Emergency Management leads efforts to promote all-hands, all-hazard approach to emergency preparedness by providing ongoing services, to include public outreach, planning, training, and incident coordination. Whereas emergency preparedness is the responsibility of the whole community and all residents, organizations, and businesses are urged to make preparation a priority and to work together as a team to ensure our communities are prepared for disasters and emergencies.Whereas all Town residents, organizations, and businesses are encouraged to participate in three preparedness activities, developing a plan, planning a kit, and staying informed. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg, Virginia do hereby recognized September 21st as National Preparedness Month and encourage all Town residents, organizations, and businesses to undertake preparations, preparedness activities that foster a prepared and resilient community. Proclaimed this 14th day of September. We have one more, that I have lost. Oh, here it is.We have the American Cancer Society Loudoun County Relay for Life. September 19th, 2021,whereas Relay for Life is a signature activity of the Page 31 September 14, 2021 American Cancer Society and celebrates cancer survivors and caregivers, remember loved ones who lost to the disease and empowered individuals and communities to fight against cancer.Whereas money raised during the Relay for Life supports the American Cancer Society's mission of saving lives, celebrating lives, and leading the fight for a world without cancer. Whereas the Relay for Life of Loudoun County's being held on Saturday, September 19th, 2021 at the Village of Leesburg in the Town of Leesburg.Whereas through the funds raised by the Relay for Life movement, the American Cancer Society is able to invest in cancer research, provide free information, support for people facing the disease today, and educate people about how to reduce the risk of cancer or it is detected early when it's easiest to treat. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg, Virginia hereby recognize Ron Petrella and all the volunteers, organizers, and participants in the Relay for Life of Loudoun County. We encourage every citizen in the Town of Leesburg to support the American Cancer Society. Proclaimed this 14th day of September. Those are all of them, and I am going to go down on the floor and present these to the individuals mentioned, and hopefully, I will not lose my voice by then. Kaj Dentler: Madam Mayor? Mayor Burk: Yes. Kaj Dentler: You should take a vote for the Relay for Life proclamation to make it official. Mayor Burk: Oh,that's right. That was added on. Do I have a motion for that proclamation?Vice Mayor Martinez made the motion. Is there a second? Council Member Fox. All in favor? Council Members:Aye. Mayor Burk: That passes.All right. Oh, sure. That'd be great. Thank you. The Relay for Life is good. Is this on? Ron,would you mind coming please and accepting this. Ron has been doing the Relay for Life for how many years? Ron Petrella: 30 Mayor Burk: Only 30 years. Is that right?Would you like to tell us what it's all about and what it may to everyone? Ron Petrella: Sure. Relay For Life has started in late 1980s by a doctor on the west coast to try and raise awareness for cancer. It became viable in Loudoun County in 1989 and has been amazing since then. We've raised a little over$3 million in that time. We will have our Relay for Life this Sunday at the Village of Leesburg in the middle of the Plaza. This will be an eight-hour event where we do as Kelly, thank you very much for the Town support, as they've always given us to do a celebration of life. We'll be highlighting that with at six o'clock with a birthday party for all of our caregivers and survivors in Loudoun County and we're blessed to have some public servants who have volunteered to actually put their work where their mouth is. They will be actually serving the cake and ice cream to our survivors and we're just really pleased. I do want to thank everyone on the Town Council. They've always been familiar faces and friends that have always helped us out. Kelly, especially over the years has always been a big help to our event.We want to thank you all for that. It's really not about the money, even though that does help with a lot of the programs we have in Loudoun County, but it's all about giving back and showing the support and being there for someone your time is more valuable with the hearts and minds of those caregivers and survivors than you'll ever know.We thank you very, very much. Mayor Burk: Thank you for all you do. Truly appreciate it. Page 41 September 14,2021 [applause] Constitution Week is the next one. I think we have somebody here from DAR to accept it. How are you today? Joan Whitener: I'm well, thank you. I was going to make a few comments, but you covered everything so thoroughly in your proclamation. Mayor Burk: I think you still could say a few things about what does it mean and what are we doing for. Joan Whitener:Well,we are doing it because the Constitution is the basis for our government, for our society, for our life, and I will encourage every one of you to get a copy of the Constitution and read it. I will like to tell you that down at Montpelier, the Virginia DAR State region, has worked with the Constitution Institute down there,that has people from all over the world that come to learn about our Constitution.We have furnished a room there with all the most modern technology so these people can learn about our Constitution. Mayor Burk: Wonderful. Would you explain what the DAR is? Joan Whitener: The DAR is an organization of volunteer women in all countries around the world. We're all volunteers, and our main focus is God, home, and country. Right now, Constitution Hall is being refurbished and many of you have had been to concerts there, but of course,with COVID, it's closed. That has been the main focus during these couple of years. In addition to all of our work, we have not let this COVID stop us from doing all the fine work that we do in our communities. Any woman who has the ancestry can join the DAR. If you're interested, you can let me know and I would be happy to help you with that. Mayor Burk:Wonderful, thank you very much. Joan Whitener: Thank you so much. Mayor Burk: Thank you for all you do. Joan Whitener: Have a good [inaudible]. Mayor Burk: Okay. Thank you very much. [applause] The next one is Childhood Cancer Awareness Month. Your work speaks for yourself. Would you please explain what your organization is and why we're recognizing you today? Roya Giordano: Sure. Thank you for having us. My name is Roya Giordano.This is my husband, Chris Giordano. The day before our son became a cancer patient, he was a soccer player. He was happy playing soccer out on the soccer field. The day after he was diagnosed with cancer, our lives changed forever. He passed away in December of 2014, and in his loving memory,we have a foundation called Team Mathias. Mathias was his name. Team Mathias, and we help support newly diagnosed pediatric cancer patients throughout the country. You covered everything so beautifully as far as all the numbers and everything, but it's important to say, every day, 46 kids are diagnosed with cancer.Actually, every two minutes, a child is diagnosed with cancer, and every day,46 kids in the US are diagnosed with cancer. Every day, seven families have to kiss their kids goodbye because they die because of outdated treatments.We do what we Page 51 September 14, 2021 can to keep his legacy alive and help support newly diagnosed families. That's pretty much all we do. It's a nonprofit, it's 100% volunteer base. Every penny that comes into our foundation goes back out to support the families because of the medical bills,the transport, gas, lodging, hotels, you name it,we cover everything. We're located here in Leesburg because we live here, and the gold ribbons that you see in downtown Leesburg on the meters are something that we have put up with your permission.We're so thankful just to raise awareness,just to let people know. Everybody knows the pink ribbon is for breast cancer. Nobody knows that the gold ribbon is for childhood cancer. It's important to keep his legacy alive and fight for our kids because our kids are our future. Please join us in the fight when you can. If you ever need us, we're here for you. Mayor Burk: Thank you. The work you do is wonderful. Thank you very much. [applause]This is National Preparedness Month. This is Joe that's accepting this one. Hello, Joe. Would you like to explain what this is all about? Joe Dame: Sure. As everyone has felt the last year, obviously with the pandemic, it is key for us to prepare all the time. There are lots of families-here. Having a plan is so crucial in taking the time to prepare, make a kit of emergency supplies, and have ways to receive information so that you know when something is happening are really so important. That's why we take time each September to focus on taking those easy five minutes to prepare and it will definitely pay dividends in the end. I'm excited to be able to talk to everyone about preparedness. We've added information to our website of how to prepare and what the hazards are that are out there so please take time this September to think about being prepared and if you need any help, please, I'm always available. Mayor Burk: When he says he's excited to talk about it, he's serious. He's excited to talk about it. Thank you very much for all that you do to make sure that we are prepared. Joe Dame:Appreciate it. Mayor Burk: Thank you. [applause] Christopher Spera: There's one in English and in Spanish. Mayor Burk: Okay. The next one is National Hispanic Heritage Month, and I have both an English version and a Hispanic version, but Linda is our Diversity Commission Chair, and it's really appropriate to give this proclamation to you.You have worked so hard to make people aware of how diverse Leesburg is and how accepting and how willing all the residents are, and that we all work together to make this a great place but would you like to talk a little bit about the commission and what you're doing? Linda McCray: Definitely. First of all, thank you, Mayor. Thank you to every member sitting behind us. I wanted to thank you for the recognition and to encourage you to continue to recognize Hispanics and the contributions that we make to this Town because we are the largest minority growing in our Town. The Diversity Commission, it's in assistance, designed to bridge the gap that exists between government and the people of Leesburg.We're trying to do so we're trying to engage our community. We're trying to find out exactly what the needs are and figure out a way to be there for them to communicate more than anything we need to educate. We need to engage and we need to celebrate our community. It's a big task, but we're going to take it one step at a time, and more than anything, muchas gracias. [unintelligible]. Page 61 September 14, 2021 Mayor Burk: De nada. Thank you. Thank you all.All right. There's my glasses. I'm wondering where they were. Okay. The regional reports, I gave you the regional report from the County EDC meeting and we had at the Northern Virginia Transportation Authority,we had a request for some funding for the overpasses and we did receive it at the meeting. Does anybody else have any reports? Okay, so the petitioners are one of our first businesses is to hear from the public.All members of the public are welcome to address any item matter or issue. Please identify yourself if comfortable doing so, give your address for the taped record. Any public speaker will be requested to state their name and spell it for the purpose of closed captioning. In the interest of fairness,we also ask that you observe the five-minute time limit. We are actually going to change it to three tonight because there are so many people here tonight. If you could keep your comments to three minutes, that would be very helpful. The green light on the timer will turn yellow at the end of two 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 is expired. Under the rules of orders adopted by this Council, the three-minute time limit applies to all. We will start with Maria Garcia who will be followed by Evelin Garrido and we are aware that there will be a translator joining if needed.Welcome. Maria Garcia: [Spanish language] English Translator: My name is Maria Garcia, I have lived in the Leesburg Mobile Park for 19 years. It is an injustice that they want to evict us.We are responsible people in the payment of rent and in the payment of County taxes. It would harm our children to change school, especially since in these pandemic times, children have only just started attending school again.We are living in a mobile home because it is accessible rent for us. I would not be able to afford to rent another place because, in this County, there are no affordable homes within our reach. The credit is very high, the prices are uncontrollable. Rent goes up for everything while the minimum wage stays low. Now is the time to think about our families and realize that working-class families exist. You might think that we all live like you. I hope that as our elected officials, you can help defend our mobile home community. Thank you. Mayor Burk: Thank you. Gracias. Evelin Garrido will be followed by Adela Vgarte. Forgive me if I'm mispronouncing these names. Evelin Garrido: It's a Spanish last name. Good evening, my name is Evelin Garrido and I live in Leesburg Mobile Park. I have been a resident of Leesburg since 2004. We live with my husband in the Fields of Leesburg for six years until our two children came and we got tired of the bedbug infestation in those apartments and dumped everything to move to a better place. We lived for three years in the Fieldstone apartments. Now, deployed but the expensive rent has a burden and we saw an opportunity to improve our lives by moving to Leesburg Mobile Park. My husband and I have always worked two jobs and we put all of our savings together in the purchase of a new trailer,which we saw in the park four years ago. My children love their home. Our children are active school members, in church, and also they play sports in the County. My husband owns a landscaping company and I do house cleaning in the Town too. Our lives will completely change if you move the Leesburg Mobile Park. Our neighborhood is safe. This is our community.We do not see ourselves living elsewhere because this is our home. This park is beautiful. There is no pool or many games in the park but our children are happy. Please, it is fair and is a necessity to pay their housing for working families like those living in Leesburg Mobile Park. Thank you. Mayor Burk: Thank you.Adela Vgarte followed by Jose Monroy. I got a feeling I really messed that one up. Sorry. Page 71 September 14, 2021 Adela Vgarte: Good afternoon. Mayor Burk: Could you step a little bit closer so we can hear you in the mics? Adela Vgarte: Good afternoon, everybody. My name is Adela Vgarte. [Spanish language] Mayor Burk: Thank you. Gracias. English Translator: My name is Adela Vgarte, I have lived in the trailer park for 23 years. This is practically the home I have known since I came here. The news that we have to move and leave my home after 23 years have affected my health a lot. I haven't stopped worrying about the pandemic and now I'm thinking day and night about being evicted from my home where I raised my children. Emotionally, it's affecting me. What am I going to do in another place? How can I start from zero at my age? I can't imagine starting to look for another job. Here, there's no decent housing that we can afford according to our budget. The prices are out of reach for the families with scarce resources. These homes are the only ones that we can afford. As elected officials, you should help us,we're your responsibility,where are you going to leave us? No to the displacement of families at Leesburg Mobile Park, thank you. Mayor Burk: Thank you. Jose-- I'm sorry, I can't read your last name. Jose Monroy: Monroy. Mayor Burk: Monroy? Jose Monroy: Yes. Mayor Burk: I wasn't too far off. Jose Monroy: Thank you for the opportunity to speak. I have been living over 23 in Leesburg Mobile Home Park.We have formed a family,we have formed young people who today serve the country, society, and their communities.You as a government already know about the sale of our homes. There is a draft of the map where Leesburg Mobile Home Parks cease to exist.What were you planning to do with our families?Where are you going to relocate us? Do you already have a plan? I call my leaders because they are also our leaders so must ensure that they will bank of all the people regardless of race, of color, or social status, or immigration status. It is you who must protect us as a people and not to be in favor of the business community that only wants to fill their bags of money through the displacement of our families. Housing is a human right but where is the right here? Are the right is protected here?These rights are protected here? In this County, there are no available housing opportunities. Leesburg Mobile Home Parks are the only ones and it is the responsibility of the government and the authorities to prevail the Leesburg Mobile Home Park. Thank you. Mayor Burk: Thank you very much. Jose Mario Turcios,followed by Abby Rivas. Jose Mario Turcios: Good evening, ladies and gentlemen. My name is Jose Mario Turcios. I'm going to do my best for you to understand my reading, my testimony. Mayor Burk: Thank you. Jose Mario Turcios: My name is Jose Mario Turcios. My wife and I have two daughters.We have been being residents of the City of Leesburg for more than 10 years. We own a mobile home located in Leesburg Mobile Home Park which is within our budget. We are happy that a mobile home is our Page 81 September 14, 2021 roof. Two years ago,we invested the little that we have saved to make improvement on our mobile home.Approximately, $30,000 so that our girls live more comfortable.We bought this trailer with the hope that it would be our home for the rest of our days.We dreamed of seeing our grandchildrens growing up like any family like you who live in a more comfortable home. Upon receiving the letter that this property will be sold,we are filled with sadness. I made an energetic call to my leader who must ensure the welfare of all the people regardless of race, color, or social status, or immigration status. It is you who must protect us as people rather than being in favor of the business community that only wants to fill their bags of money through the displacement of these family. Evicting us would be a great crisis for all the families who have nowhere to go.We want to stay in our homes because they are the ones that are within our economic reach. Our community is safe place for our children. It is a place without crime. Thank you for listening. Mayor Burk: Thank you very much.Abby Rivas, followed by Katherine Escobar. Rivas. Abby Rivas: Yes, that be fine. Mayor Burk: Right? [laughs] Abby Rivas: I'm 15 and I've lived here for 14 years. I feel like this is a really conjoined community, they all come together when they need each other. Unlike other neighborhoods that if they need help, they'll just stay inside. They just come together when they need each other.All the time, if you drive by, you'll see the little kids playing at the park, having fun, and just having a great time. I feel like if this is a community just tear down, everybody's going to go separate ways, never talk to each other. It's never going to be a community how it was in the first place. This is weird. [laughs] My grandma lives here and we've lived here forever. I remember learning how to ride a bike there and that's where I started playing sports. I played basketball and soccer. It was a pretty great time. Thank you. Mayor Burk: Thank you very much,Abby, for coming out. Katherine Escobar, followed by Emma Ortiz. Katherine Escobar:All right, good evening. My name is Katherine Escobar.Would you like me to spell it out? I don't know if I have to spell my name Katherine. Mayor Burk: It's helpful if you help for the closed captioning. Katherine Escobar: Yes. K-A-T-H-E-R-I-N-E. Today, I'll be speaking my grandma's testimony because she can't herself, "My name is Blanca [unintelligible], I'm 56 years old. I have been a resident of Loudoun County for 25 years, and I have been living in the trailer park for 17 years. Seeing my three daughters grow up and my grandchildren born in the park means a lot for our families. Giving at 25 years ago,we went through great difficulties without the opportunity to buy our own home.25 years later,we continue in the same situation. Without having this opportunity because, in this County,there's no low-cost housing that can be paid for according to our budget. The salaries are low that it is not enough to build a good credit. Even with the little that we earn,we are up to date with our taxes, and what the County requires that we have to pay. 17 years ago, I had the opportunity to buy a trailer.The dream of a mother to have a home and give a safe place for her daughters. This is what these trailers mean to me and to all the families who live here. It's a very peaceful place, there is no delinquency, it is a healthy area of humble and hardworking people and we live on what little we have. Many of us seniors,we cannot live elsewhere. Our incomes are not enough to strip us of the only thing that we have. It would be an injustice for our communities. This is a call to you as our elected officials. You should preserve the only place that it's accessible Page 91 September 14, 2021 and affordable for the working-class families. The displacement of the families that live in the trailer would be an inhumane act. Leesburg Mobile park is my home. Thank you." Mayor Burk: Thank you. Katherine Escobar: I would also like to speak my own part. I lived at the trailers my whole life, practically 18 years at this point. The area used to be a place with dezoning, so you couldn't build anything, it was only for residential use. Now, someone wants to come in and take that down and make money or make profit out of it,which I find is something very inhumane because these people can't do the jobs that a lot of other people can do because you require, at this point, not in any disrespectful way, of age, the age gap. Elderly people can't do these jobs. They can't make as much as people who can do them. This place has provided a home for them that they can afford. My grandparents have lived there since the day I was born. I've lived with them. My grandma's my second mom and I would not like to see her being evicted from her home because of an economic situation when there's something that can be done. As our elected officials, I would • really appreciate if something could be done for this. [unintelligible].Thank you. Mayor Burk: Thank you. Thank you very much for coming out and speaking. Emma Ortiz is followed by-- I can't read the first name but the last name is Lopez. Emma Ortiz: [Spanish language] Mayor Burk: Gracias. English Translator: Hello, my name is Emma Ortiz. I have been living in Leesburg for 11 years, the only city in which I have lived. I have a seven-year-old son and I have lived in Leesburg Mobile Park for one year and a half month. I have fought for several years to be accepted in this community. For me, it has been difficult to get my house, yes, my house because that is what it is for me and for my son. The most worrying thing for me is to tell my son that they want to evict us,that we will have to return to the room. That instead of moving forward,we are going backwards. I was supposed to start saving for college now. I'm not able to do this because we have to come back to apartments. No, I don't want that. I want that my son have a better future. That's why I ask you as government to please help us,to please preserve Leesburg Mobile Park.Thank you so much. Mayor Burk: Thank you. Mr. Lopez, followed by Beatric Perez. Americo Lopez: Hi, good afternoon, Council Members.We want to'thank you for listening every single one of our testimonies today. Thank you for your patience. The reason why we're here today is because we received a letter from our owner, Leesburg Mobile Park, saying that they got an offer of $11 million to buy the park. Unless the mobile homeowners should come up with an offer of the same amount or more, this will be solved.We're low-income families.We have seniors, kids, special kids in our neighborhood.We work hard to provide food and pay our utilities. We all have two questions for all of you. The question is since when money is more important than families?Why we're putting money before families?We want all your question or answer this question, please. If there's something you can do to help us, please do it for the love of these families,for the love of the kids. They are the future of Leesburg, in USA, and God Bless America. Thank you very much. Mayor Burk: Thank you. Thank you very much, Mr. Lopez. Beatriz Perez, followed by Heidy Perez. Beatriz Perez: Hi, good afternoon. I'm sorry for presenting this time, but I've come back to work right now. I try to help--well, my daughter is supposed to read this one, but she's a little scared for that. I try to do that in English. I hope you understand me. Hello, good afternoon. My name is Beatriz Perez. I have 18 years living in the County of Loudoun. Being a single mother of three girls and paying up to Page 101 September 14, 2021 $1,800 an apartment, I have to work a lot cleaning houses, but I have no rest for a day or time for my girls. Until I have the blessing of finding this community of trailers and with a loan from my brother, I was able to buy this trailer. That is where is now my home and my girls. It's a very quiet place.We all know and support each other and our children's love each other as a family. They are very worried and sad to think that they want to evict. Sorry,this word, I don't know how pronunciation..that they want to evict us. I asked you to please help us so that we can continue living here as a community of trailers. God bless you and thank you so much, everybody. Mayor Burk: Thank you. Thank you very much. Heidy Perez: Good afternoon. My name is Heidy Perez. I am daughter of Beatriz Perez. My sister and I are very worried about my mom. If they ask us that we have to evict,we know that my mother will have to work more to pay rent. She already works a lot cleaning houses, a very hard job. My sister and I went for two weeks to work with her and we learn how tired her day is ending. Her hands already hurt a lot from working so much. I don't want to imagine how she is going to pay a lot elsewhere, more expensive and not be calm if we live with more people because we are girls and we are in danger living with other people. I ask you to please help us to preserve our community of trailers, where our family and friends are in Christ. Thank you very much. Mayor Burk: Thank you very much. Heidy's followed by Genaro Echverria. I probably messed that one up terribly. I apologize. Genaro Echverria: [Spanish language]. Mayor Burk: Gracias. Genaro Echverria: Thank you. English Translator: Good evening, my name is Genaro Echverria. I had been a resident of Loudoun County for over 15 years. Paying rent of$1,800 for an apartment as a parent, it was very difficult for me to make ends. We cannot afford to do saving or to enjoy as a family. They are no options to buy a house that it is like for a budget. There is not option for affordable houses here in Loudoun County and living in Leesburg. Leesburg Mobile Home Park is the only option we have for affordable housing at fair prices with payments meeting our reach. We ask you as our authorities to help us to keep this part of affordable housing. Thank you. Mayor Burk: Thank you. Is there anybody in the audience that did not sign up to speak that would like the opportunity to speak at this point? Yes, ma'am. Sophia Fayed: Good evening. My name is Sophia Fayed. I've been in touch with many of you. I wanted to speak on behalf of New Virginia Majority and myself. Well, so I'm an organizer with New Virginia Majority and, since 2018,we've been working with the local Latin American community. Here in Leesburg as well as in Sterling advocating for affordable housing tenants' rights and driver's licenses for all. - Since the mobile homeowners received the notice of the sale last month,we've been working closely with them to help make their voices heard and figure out what options they have to be able to stay in their homes in the area where they currently live. We appreciate the opportunity to address you today, and we appreciate all the work that many of you have already been doing to figure out a solution for the mobile home owners. We know that mobile homes are one of the few options for working-class families to live with some independence and stability, especially in such a high-cost County as we have here. Page 111 September 14, 2021 If the mobile home owners were displaced, many would have nowhere to go, and providing similarly cost of rental housing is really not a solution here because of the sense of ownership that the current debt and the community that the residents currently have wouldn't be replaced by rental housing. Additionally, rental housing isn't stable. Rent prices go up frequently.There are poor building conditions. It's really not a one-to-one replacement.We're really hoping that we can find a solution that includes ownership and or preservation of the existing community. That's why the State understands the value of mobile home communities that the opportunity that provides for working-class families for ownership, and that's the State legislation recently passed HB 2175,which requires localities to incorporate manufactured housing into their comprehensive plan. We understand that the Town government can't interfere with the private sale, but we believe that there are steps that the Town can take to ensure the preservation of this community. The first has to do with zoning. Currently, the Leesburg Mobile Home Park is in the Crescent Design District,which isn't zoned as high-density residential. The Town could include a mobile home park or add mobile home park to the list of permitted uses for the Crescent Design District. It could commit to no more upzoning of this land. The second opportunity lies in the draft Town Plan, the Legacy Leesburg Town Plan. In the current draft,the Crescent District is designated for transformation and the mobile park no longer exists in the draft plan. It's replaced by condos and Townhomes. If you are truly committed to supporting the families who are here today, and the many more who couldn't be here, then I strongly encourage you to amend the Town Plan to include the preservation of the community and to avoid the displacement of the families that we have here today. There's a lot of ways and options to make this possible. There's community land trust,there's resident owned cooperatives,there are nonprofits that can come in and help. I hope that you will take action. Thank you. Mayor Burk: Thank you very much. Is there anybody else that did not get the opportunity to sign up that would like to speak at this point?All right,then I will close the petitioner section. I would like to thank you all very much for coming out here and speaking today. Right before I came into the meeting, I did receive a copy of a letter that all the residents are going to be receiving. In that letter, the developer said that he is hoping to reach out, he's looking forward to reaching out to the community. He said that there is nothing going to be done for at least a year. There is some time to try to work on things. I can assure you that this Council will most certainly be looking at what we can do to try to help. Thank you all very much. That takes us to our next item, which is the consent agenda. The Council will now consider the approval of the consent agenda. I will read each title. Any Council Member who wants to remove an item from consent, I will ask at that point. The first item on the consent agenda is approving Enrique Gonzalez to the Police Citizen Task Force. There is appointment of Technology and Communications Commissioner Member Mr. Steinberg,which is to Daoud Ahmed. Sycolin Cemetery Modifications to Existing Agreement for Donation of Real Estate, Loudoun Freedom Center Donation-Supplemental Appropriation, Morven Park Road Sidewalk Project, Waterline Improvement Construction Contract Award, Virginia Department of Transportation Fiscal Year 2023/24 Revenue Sharing Program Funding. There will be a resolution Endorsing the Application for this Revenue Sharing Program. G is the Virginia Department of Transportation Fiscal Year 2023 Transportation Alternative. H is Emergency Operation Plan Preparedness. I is updating the Council ethics Policy. I is the Loudoun County Referral, the Village of Clear Springs. K is the motion to Approve the National Arts and Humanity Month Proclamation. I is the motion to approve what we did tonight.We approved the Relay for Life. That's it. Is there any item that anyone wishes to remove? Council Member Fox: I would. Page 121 September 14, 2021 Mayor Burk: Ms. Fox. Council Member Fox: Letter J, please. Mayor Burk: Loudoun County Referral, Village of Clear Springs?That one? Council Member Fox:Yes. Mayor Burk: Ok. Mister-- Council Member Steinberg: Item C. Mayor Burk: Item C, Sycolin Cemetery modifications. It's C that you want? Council Member Steinberg:Yes. Mayor Burk: Do I have a motion to accept all the others? Council Member Steinberg: So moved. Mayor Burk: Moved by Council Member Cummings. Second? Council Member Fox: Mr. Steinberg here. Mayor Burk: Oh, Mr. Steinberg did it? Council Member Steinberg. Second? Council Member Fox.All in favor, indicate by saying aye. Council Members:Aye. Mayor Burk: Opposed?That is 6-0-1 with Mr. Martinez not here. Resolutions. Let me turn the pages here. Our first-- Kaj Dentler: Madam Mayor, the two items that were pulled. Mayor Burk: I'm sorry. Kaj Dentler: The two items that were pulled off consent. Mayor Burk: Oh that were pulled. That's right. I'm sorry. I was going to totally ignore you. Too bad. The first one is C, Sycolin Cemetery Modifications to Existing Agreement for Donations of Real Estate. Mr. Steinberg, would you like to--? Council Member Steinberg: Yes,thank you, Madam Mayor. I recognize this item is going to pass. I have no doubt about that, but I just wanted to clarify one more time, primarily for the public,that in my opinion, the way we came about the money was misrepresented. It was certainly misrepresented in an article in the paper. This will not be a one-time event and then the savings to the Town, regardless of whether or not we grant this to Loudoun Freedom Center, and I know we will, the Town will still continue to be incurring the expense for maintenance around the cemetery. That's as it should be. I just wanted to bring that point up one more time. Thank you. Mayor Burk: Somebody wants to make a motion in regard to the modification--? Council Member Cummings: Point of order, Madam Mayor. I'd like to ask for a brief recess to allow Vice Mayor Martinez to return to his chair. Page 131 September 14,2021 Mayor Burk: Well, I'm sorry, but Mr. Martinez has decided to not be here, so I will proceed as we move forward. Council Member Cummings: Here he comes, Madam Mayor. Mayor Burk: The Sycolin Cemetery Modifications of Existing Agreements. All in favor? Oh,wait. There's a motion that needs to be made. Mr. Steinberg, you took it off, so somebody else needs to make a motion to put it back to accept it. Council Member Cummings: I move to accept it. Council Member Fox: Second. Mayor Burk: Council Member Cummings, Council Member Fox.Any more discussion?All in favor, indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed?That is one, two, three, four, five. That's five,two and ayes of myself and Mr. Steinberg. The next one was Loudoun County Referral for Village at Clear Springs. Council Member Fox: That was me. I just wanted to get some clarifications. Before I do that, I want to disclose that I had a phone call with Hobie Mitchell today and an email which I think we all got from Mike Wilkins as well on the Evergreen Farms which is this project. I want to get a clarification, the Endorsement of the Consolidated Comment Letter. These are the comments that we want to bring, correct? Mayor Burk:Who is answering this? Council Member Fox: Then on top of it, is this letter going to include a denial resolution? I don't know if these two are joined or we're going to do something else later on. Susan Berry Hill: No. The resolution is Endorsing the Consolidated Comment Letter drafted by staff to be sent to Loudoun County staff to be incorporated in their review of the Village at Clear Springs application. This is the first submission, a response to the first submission referral request from the County. Council Member Fox: If I read it wrong, could you correct me if I'm wrong? I felt like when I read the staff report that included the denial resolution, but so it doesn't. Susan Berry Hill: The title of the resolution is Endorsement of the Consolidated Comment Letter for ZMAP-2021-0008 Village at Clear Springs, first submission. Council Member Fox:What I'd like to know[crosstalk]-- Mayor Burk: I thought wasn't there a resolution that we also voted for that Ms. Fox is asking about? Susan Berry Hill: This is the resolution endorsing the comment letter, the comment letter within that is recommending denial. Mayor Burk:All right. Council Member Fox: I learned a few other things after I got this email and this call. I feel like because it is the first submission which I guess is my bad that I didn't realize that last night, but I feel like maybe we should divide this into comment and denial. I feel like we might be a little premature Page 141 September 14, 2021 with a denial since there's been no public comment or any the other comment for that matter.That's why I wanted to pull this to see if we can divide those two things. Susan Berry Hill:You could have the letter revised, staff would revise it to remove any recommendation.We could just- Council Member Fox: At this point. Susan Berry Hill: -express our concerns in the comment letter. If we can do that. Mayor Burk: You would need to make a motion. Council Member Fox: I would like to make a motion to divide the comments with the denial and put the denial on the background until we learn more. Susan Berry Hill:Yes. We can remove any recommendation of denial. Mayor Burk: Is there a second for that? Council Member Martinez. Is there any additional discussion? Mr. Cummings, your lights on? Council Member Bagdasarian: I do have a question. Is the process to have a public hearing or have public input on this project? Mayor Burk: Eventually. Susan Berry Hill: The County will definitely have a public hearing at the Planning Commission and at the Board of Supervisors for the application. There's nothing that is required for the Town of Leesburg to have a public hearing on this. It's not in our jurisdiction. The County is just asking us in this case for a referral to them on the application. Mayor Burk:All right. We have a motion to divide the comments from the denial request. It was made by Ms. Fox, seconded by Mr. Martinez. All in favor indicate by saying aye. Council Member Fox:Aye. Mayor Burk: Ms. Fox and Mr. Martinez. Opposed? Council Member Cummings: Nay. Mayor Burk: Mr. Cummings? Council Member Cummings: Honestly I have no clue. Mayor Burk: You have no clue? Council Member Cummings: I'm confused on the dividing. Council Member Fox: It's just last night we discussed this at the work session.We said, "Yes,we're going to send in our comments," but in the same conversation,we said we're going to deny--We would request denial of this application. My concern after learning a little bit more about this was, this was the first submission,there has been absolutely no public comment on this whatsoever. I just don't think there's enough information to, quote-unquote, deny yet. Mayor Burk: Help us, Mr. Steinberg. Page 151 September 14, 2021 Council Member Steinberg: Thank you. My opinion is we're basing this decision on the information at hand, and so with the information at hand, I think the recommendation for a denial is warranted. Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: Part of the motion Council Member Fox, would follow-ups be to schedule that public input session? Mayor Burk:We don't do it. This is an application at the County. The County would be the one that would do the public hearing on it. Council Member Fox: I don't know who got this, but there was an email put out there today. I've got to pull it up. I don't know if I have it still. It was a letter.A lot of the concerns that I had have been addressed. That's fine. Mayor Burk: I didn't get anything myself. I don't know if that answers your questions, clarifies it.We have Ms. Fox and Vice Mayor Martinez voting in favor of division. I didn't get an opposed yet.All opposed to dividing the question, please indicate by saying nay. That would be Mr. Bagdasarian, myself, Mr. Steinberg, and Mr. Cummings. I don't know where Kacey is. I did Nacy and Kari. Nacy, where are you? Council Member Nacy: I was an aye for dividing. Mayor Burk: It still doesn't pass at this point. Thank you. That takes us back to the original. Do we have a motion to Endorse the Consolidated Comment Letter for the Village at Clear Springs for submissions? Council Member Steinberg: So moved. Mayor Burk: So moved by Council Member Steinberg. Second? Council Member Bagdasarian: I second. Mayor Burk: Council Member Bagdasarian.All in favor, indicate by saying aye. Council Members:Aye. Mayor Burk: That's Mr. Steinberg, Mr. Bagdasarian, Ms. Burk, Mr. Cummings. Nay? Council Member Fox: Nay. Mayor Burk: Ms. Fox. Mr. Martinez, how did you vote? I'm sorry, I didn't see. Vice Mayor Martinez: I'm going to vote aye. Mayor Burk: Oh, you're voting aye? Ms. Nacy? Council Member Nacy: I was a nay. Mayor Burk:All right, so that moves forward. Those were the only things that were taken off of resolution.We have our first resolution. I need a motion to Designate a Voting Member of the 2021 Virginia Municipal League Business Session. Council Member Steinberg: Madam Mayor, I'd like to nominate Vice Mayor Martinez to the position, please. Page 161 September 14, 2021 Mayor Burk: Mr. Martinez. Is there a second? Council Member Bagdasarian. This is the voting member of the business meeting,which is the last meeting of the conference.We will have to do an alternative too.All in favor of designating--Oh, Mr. Martinez,would you accept this? Vice Mayor Martinez: Yes. Mayor Burk: As indicated. Putting Mr. Martinez's name forward as the voting member of the business section for the VML League Conference. Indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? That's unanimous.We do need an alternative. Do we have anyone that would like to put their name forward to be the alternate in case Mr. Martinez decides he can't make it? Mr. Steinberg, would you like to be the alternative?The alternate? I keep saying alternative. Council Member Steinberg: [inaudible] Mayor Burk: The alternate. Is there a second to Mr. Steinberg? Second, Council Member Fox. All in favor indicate by saying aye. Council Members:Aye. Mayor Burk: Opposed?That passes unanimously. That takes us to our public hearings. I didn't see this.We have something here. I'm sorry. Mr. Martinez. Sorry. Public hearing. [background conversation] Mayor Burk: I'm sorry. The resolutions. [background conversation] Mayor Burk: Those are all done. [background conversation] Mayor Burk: Trying to confuse me further. I'm getting to the public hearing,just a minute here. The first one is the Crescent Design District Zone Text Amendment. I call to order the September 14'n 2021 public hearing of the Leesburg Town Council. Unless there's an objection. I will dispense with the reading of the advertisement. If you wish to speak we ask that you either sign up at the sheet in the hallway, out of Council chamber, but if you did not get the opportunity to sign up,we will give you the opportunity to speak. In the interest of fairness,we ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes, indicating that you have one minute remaining. At that time,we would appreciate you summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by the Council, the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow spokesperson for the group a few extra minutes. In that instance,we would ask speakers when they sign up to indicate their status as spokesperson,the group they represent in the request for additional time. Our procedure for this public hearing is as follows. First,there's a brief presentation for staff about the item before us. Second, members of the public that have signed up to speak will be called and given five minutes. The public hearing item on the agenda tonight is for TLOA-2021-0001 Crescent Design District Zoning Text Amendment. Mr. Murphy, Watkins sorry. It's been a long night already. Page 171 September 14,2021 Michael Watkins: Good evening. Madam Mayor, Members of Council. Good evening, before you this evening are several, I'm going to call them housekeeping items for the Zoning Ordinance. These were initiated by the Planning Commission on February 4th and there are three primary components to these text amendments. First is clarification of the regulations in the Crescent Design District. The second is to fully incorporate the Gateway Design Guidelines for signs. Then lastly, our updates based on legislative changes down in Richmond. The first, again, these are housekeeping in nature. We've got three sections that you're going to see in a minute. This is a table that reflects the dimensions in those tables and what we discovered in the review of applications in the Crescent Design District is that there is a disconnect between the streets section standards and this table and the Zoning Ordinance. Secondly, in an applicant trying to apply the regulations of the Crescent Design District,there was a disconnect between a design construction standards manual dimension for the setback of a structure from an alley. This text amendment marries those two regulations together. Then lastly for the Crescent Design District is a table that reflects the yard requirements and in regard to parking on the lot versus no parking,what this allows is a reduction of the rear yard setback when you do provide the onsite parking. Our standard requirement for on-lot parking spaces, a 20-foot pad, or you can do a modification, allows you to get credit for interior units. So instead of requiring that extra paving per se,for parking that's inside of a unit, it allows reduction in that rear yard setback. Then lastly for those streetscape standards, again, this is dimensioning of the section, so that corresponds with those tables and is properly reflected on the streetscape graphics in the Zoning Ordinance. Say that five times fast. Then we've got a Town Plan process updates. These are required by the General Assembly and the first was to require approval of a comprehensive plan amendment. This action must be posted on the Town's Web page. It stipulates timeframes of which the Planning Commission and Council are to act based on the number of parcels. The first for parcels 25 or less, the Town Council has 90 days to act on a Planning Commission recommendation. Then for 26 parcels or more, that timeframe has expanded to 150 days. We're going to include sections in Article 15, our signs to reflect the Gateway District design standards. Then lastly is just a summation. The Planning Commission had the public hearings on March 18th and work sessions on April 1st and July 15th, 2021, no members of the public spoke at these meetings. The Planning Commission recommended approval for the amendments by votes 6-0- 1. Then the last group of recommendations received a 5-0-2 vote from the Planning Commission. Staff recommends approval of these amendments and we're here to answer any questions that you may have. Mayor Burk:All right.Are there any questions? Mr. Cummings? Council Member Cummings: Just one quick question, on Article 15,the signs. I just want to make sure I'm clear.We're bringing the Crescent District Design for signage into line with the Gateway District guidelines. Did I hear that correctly? Michael Watkins: The title of the action tonight had Crescent District in it. The Crescent District is a standalone area,we've got the overlay for the Gateway. It's primarily out east Market Street, little portions of South King and North King and West Market and essentially what didn't happen previously, were references to this in Article 15. This is housekeeping to make sure that we have those references. Council Member Cummings: Just wanted to make sure I did hear that. Mayor Burk: Ms. Fox? Council Member Fox: Yes, everything that you have highlighted here in yellow are the changes, correct? Michael Watkins: Yes, ma'am. • Page 181 September 14, 2021 Council Member Fox: Okay, and I'm seeing increased parking footage, and minimum setback footage increases as well, is that correct? Michael Watkins: Yes to further explain just a little bit. If you were to look at this graphic, there is dimension string from left to right or right to left. The nature of these amendments is just to marry these dimensions to the table. Sometimes all we do is make references to the different sections of the Ordinance. Some people are more graphically based,whereas others are technically based. This is an effort just to marry those two dimensions strings up. Council Member Fox: Okay, it seems like it's been this way foi•a while, Crescent Design District was devised a while ago. How did the discrepancies come about? How do we figure this out? Michael Watkins: We've had a handful of applications come forward, some are still in the review process. Some of them started and then went away. During the application of the Ordinance requirements, we found practical difficulties and/or anomalies like that are mentioned string not being properly mathed, to speak. Council Member Fox: I see. Okay, and one last question is it's a silly one but how would this increase? I looked at the fiscal impact, how would it increase BPOL taxes? Michael Watkins: For BPOL, I don't know why--? Council Member Fox: It says here in the executive summary. Oh, never mind. Michael Watkins: It could have an effective further development in Town. Council Member Fox: Okay. It does say in there. I just lost it though but okay just wanted to figure out why. Thanks. Mayor Burk: Mr. Steinberg? Council Member Steinberg: Mike, in naming the entrances, the Town, the gateway, you omitted Edwards Ferry? Is there some reason why this wouldn't cover Edwards Ferry? Michael Watkins: It would, in trying to generally cover where the Gateway Overlay District is my omission. That's all. Council Member Steinberg: Okay. Thanks. Mayor Burk: Then my question is, I always get nervous when I see changes and setbacks and maybe I just don't understand it but I always remember the Townhouses that they had a waiver of change to their setbacks and then years later,they wanted to build decks, and they couldn't, because it was too small.We're not doing something of that nature in this application are we? Michael Watkins: For you,just quickly, if you were to look at a string of Townhouses, right?What we've seen as a modern approach in urban development is instead of having the car or the vehicle parked outside,which requires a 20 foot space, you can actually and my proportions in the drawing are horribly wrong but my apologies.What the current trend is, is that you actually parked the vehicle inside the structure. Instead of requiring this area,which could be used for open space, per se,what we're saying is if you provide the parking inside the structure,this 25 foot setback, 20 foot is for a parking space, but the setback in the ordinance is 25 is that that can be further reduced, I'll use a different color. Again, this area in here is less impervious area,which could be used for green space elsewhere on site. Mayor Burk: Could it be used for additional building? Page 191 September 14, 2021 Michael Watkins: It could be. Mayor Burk: I got to ask as I'm famous for knocking on doors,trying to get reelected, and I'm always amazed how many people use their garages for storage, and they don't park their cars in them. You're saying that they would have to park their cars in their garage? Michael Watkins: In order to get the modification for the park, the tandem parking spaces, it has to be reviewed by staff and typically it's through legislative application that comes before Council. Mayor Burk: By doing this, the developer could move and have Townhouses that much closer to the other Townhouses? Michael Watkins: Possibly, if you were to look at, say Crescent Place. Crescent Place is an example of where they benefited this because it was a planned development district, but we're essentially incorporating that type of environment into the ordinance and again, it's this type of arrangement is typically included in a legislative application that the Council ultimately approves. Mayor Burk:Any other questions at this point? Kari, I've been neglecting you. I'm sorry. Do you have any questions? Council Member Nacy: No worries. I'm good, thank you. Mayor Burk: Then is there anybody in the public?There's nobody who has signed up to speak. Is there anybody in the public that would like to speak that hasn't signed up? Being that there's nobody I will close this public hearing. Does Council desire to make a motion on this ordinance change? Is there a motion?All right. Do we have an example of the motion for them to read? Council Member Steinberg:We accept the Crescent District Design [unintelligible] changes to include the Gateway, sign changes as well. Does that cover everything in here? Mayor Burk: Does that cover it all Mike? Michael Watkins: I think if you move the draft ordinance as well,that would cover everything. Mayor Burk: Where's the draft ordinance?Where is that draft ordinance? Michael Watkins: The ordinance was attached, it's part of the Council packet. I apologize I did not prepare the item. My apologies for not giving a draft motion. Eileen Boeing: If Mr. Steinberg just wants to move the draft ordinance. Council Member Steinberg: I'll just move the draft motion in the packet, in favor of, yes. Mayor Burk: Is there a second? Vice Mayor Martinez: Second. Mayor Burk: Vice Mayor Martinez, any additional discussion?All in favor indicate by saying aye. Council Members:Aye. Mayor Burk: Nay,that's me. I don't like that garage thing. That's six, one.All right. Thank you. Oh. You voted against it? Gosh, I can't hear tonight. I'm sorry. Five, two. Suzanne and I voted no.All right, the next public hearing. This one's a little more complicated.All right. This is a public hearing approving the zoning-- I'm going to fix that, approving the Zoning Ordinance Text Amendment Application TLOA-2020-0004, Revising the Use Regulations Density, Intensity, and Dimensional Page 201 September 14, 2021 Standards in the GC Government Centers Zoning District TLOA-2021-0007 Revising the H-1 Overlay District to include the Entirety of the 20 Union Street Northwest Property and the TLZM-2020-0005, 20 Union Street Northwest H-1 Overlay, Old and Historic District Zoning Map Amendment and TLZM 2021-0001,20 Union Street Northwest GC Government Centers Zoning Map Amendment. I call to order the September 14th public hearing. Unless there's an objection I will dispense with the reading of the advertisement. If you wish to speak at any of these three hearings,we ask that you either sign up on one of the sheets in the hallway outside the Council Chamber. But if you did not get the opportunity to sign up, we will give you the opportunity to speak. In the interest of fairness,we also ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes indicating you have one minute remaining.At that time we would appreciate you 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 applies to all, however, rather than having numerous citizens' present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent, and their request for additional time. Our procedure for the public hearing is as follows. First, there's a brief presentation by staff about all three items before us. Then there's a brief presentation by the applicant and third, members of the public that have signed up to speak will be called and given five minutes to make their comments. The public hearing item on tonight's agenda are for, Approved Zoning Ordinance Text Amendment TLOA-2020-004 Revising Use Regulations Density, Intensity and Dimensional Standards and the GH Government Center Zoning District. TLOA- 2021-0007 revising the H-1 Overlay District to Include the Entirety of 20 Union Street Northwest Property, and TLZM-2020-0005 Union Street Northwest H-1 Overlay Old Historic Districts, Zoning Map Amendment and the TLZM-2021-0001, 20 Union Street Northwest. Government Center Zoning Map Amendment.Whew. [chuckles] Christopher Murphy: Good evening, Madam Mayor, Members of Council. I'm here this evening to present these staff reports, addressing Zoning Ordinance,text amendments, and rezoning applications related to 20 Union Street Northwest. The subject property recently transferred ownership from Loudoun County Public Schools to the Loudoun County Board of Supervisors. The property is split zone R-HD with H-1 Overlay and R-6 with the Gateway District Overlay. Is developed with an office building in continuous use since 1964 for LCPS administrative functions and a circa 1880's former African-American school known as the Leesburg Training School, later the Frederick Douglass School, taken out of school use in 1958,that is presently vacant. This image illustrates a split zoning of the property. R-HD/H-1 extends on the southern most 55 feet incorporating approximately 8,000 square feet. The R6 with the Gateway District Overlay covers the remaining 28,000 square feet of the property. Now, that Loudoun County owns the property, the Board of Supervisors wish to make use of it, and also assure the preservation of the buildings there. That intention was expressed through the correspondence from Loudoun County Department of General Services to the Town Manager, requesting consolidation of zoning into one district that allows a museum with cultural center and office use on the property. In conjunction with Loudoun County staff, Town staff suggests that using the GC Government Center Zoning District with the H-1 Overlay is the most effective means for achieving the aims of the Board of Supervisors. Doing minor text amendments are proposed to the use of dimensional standards of the GC District Regulations, and the H-1 Overlay district boundary description needs to be amended. With that, let's begin with Zoning Ordinance Text Amendment TLOA-2020-04 that proposes to revise use regulations, density, intensity and dimensional standards into Government Centers Zoning district. This amendment comes to Council with the Planning Commission's and staffs recommendations of approval as presented in the draft ordinance attached to this corresponding report. For reference, this map shows the existing GC Districts established in Town. Page 211 September 14,2021 They include the Pennington Lot, Loudoun County Courthouse, the Courthouse Expansion, and Loudoun County Government Center. 20 Union Street, if approved would be the fifth such district in Town. As drafted,the amendment to TLZO or Zoning Ordinance Section 731 and 732, had language that would allow a government entity to cede administration of museum uses to non-governmental public or private entities within the GC Districts. In other words, establish resident curators. The amendment to Section 733 will add clarifying note number three, establishing authorization for Council,to modify or wave minimum lot width and minimum district area when found to promote harmonious and compatible use of the property. Please note that the GC District has a special purpose district that acts very much like a planned development district. That design standards can be established as part of rezoning application that are appropriate to a particular property and its surroundings. Moving on. This takes us to Zoning Ordinance Amendment TLOA-2021-07,that proposes to amend the H-1 Overlay District boundary description to include the 20 Union Street Northwest property. This amendment comes to Council with the Planning Commission and staffs recommendation of approval as presented in the draft ordinance attached to this corresponding staff report.We've come to understand the Board of Supervisors intends to protect and preserve the existing buildings on the property for the long-term. The H-1 overlay is the most effective zoning tool to protect heritage resources from demolition by neglect and ensures any architectural changes are contextually and historically sensitive. For this reason, the Board of Supervisors is making the application to include the property in the H-1, via Zoning Ordinance Section 7510 B-2, as part of the BAR referral review of this application. The BAR unanimously supported the extending the H-1 Overlay, commenting that no property is more deserving of H-1 than 20 Union Street. The Text Amendment involves nothing more than adding the subject property to the description of the H-1's boundaries and Zoning Ordinance Section 753. Curiously, the H-1 is the only zoning district with a written description of its boundaries in the Zoning Ordinance.We've been doing this since the spring with the rezoning applications, TLZM-2020-05 and 2021-01 that intend to revise the zoning map to consolidate the zoning on the property under the GC district with the H-1 Overlay for the intended purposes of establishing a museum/cultural center and continuation of administrative options in the existing buildings on site and to provide for the long term protection and preservation of the same. These applications come to Council with Planning Commission and staffs recommendation of approval as presented in the draft ordinances attached to the corresponding staff report. The subject property measures 0.84 acre. It's improved with a'total of 7,700 square feet, 7,770 square feet in two buildings,the former Douglass School and the LCPS administrative office building with the paved parking lot. The concept plan shows a potential two story edition on the north side of the former school that will accommodate the main accessible entrance to the future museum/cultural center. In addition, the concept plan shows new parking improvements,the dumpster enclosure, screening fence, and buffer enhancements.Adjacent to the property is Union Cemetery to the north and west and single family detached dwellings to the east south and west. Zoning is either R-6 or R-HD. The Town Plan's Land Use Policy designations include downtown or major institutional as noted in the table here. From a Town Plan compliance perspective,the rezonings comply with applicable land use and heritage resources policy objectives to promote institutional uses, tourism opportunities, and the protection of heritage resources within the fine grain mixed use downtown policy area. Due to existing conditions on the property, and existing or proposed zoning requirements at the time of the application, numerous modification requests were submitted relating to site design element the property could not fully accommodate because of lot size, configuration, existing building placement or other improvements on site.As the associated hardships are not of the owners doing, and as the modifications are not intended to maximize development density on the property, and adequate Page 221 September 14, 2021 mitigation measures are proposed on the concept plan. The Planning Commission and staff support granting those requests through the approval of the associated concept plan, as presented. Zoning Ordinance section 33.15 establishes basic criteria. Rezoning applications are to be measured by during the review process. First, the consistency with the Town Plan has been established earlier in this presentation. Second, there are no binding agreements with Loudoun County or other local or regional entities here. The third, the transportation impact analysis estimates a weekly total of 42 vehicle trips with no adverse impacts anticipated on adjacent roadways. Fourth, with improvements of site circulation, parking, landscaping, screening, and waste disposal, staff does not foresee compatibility issues by this rezoning. Finally number five,the property is adequately served by public utilities. Every property being considered for the H-1 Old and Historic Overlay must be found to be one or more of the selection criteria provided in Zoning Ordinance section 7510 B-1. Staff finds all three are met through, the former school may be the oldest school existing in the Town of Leesburg. This school represents the effects of the 1870 law banning integrated schools in Virginia and the disparities of segregated schools leading to the United States Supreme Court's ruling in Brown versus the Board of Education that struck down segregation as Unconstitutional. The heritage resources chapter to Town Plan specifically identifies the property as an appropriate candidate for inclusion in the H-1.With the previous, staff finds the rezoning to GC complies with the goals and objectives of applicable provisions of the Town Plan. It complies with the rezoning criteria of Zoning Ordinance 315, and it complies with the purpose of the GC zoning district. In regards to the rezoning to H-1, staff finds the application complies with applicable provisions of the Town Plan. It complies with rezoning approval criteria of Zoning Ordinance section 3315, meets one or more of the H-1 selection criteria of Zoning Ordinance section 7510E-1, and is consistent with the purpose of the H-1 overlay district. With this, I conclude my presentation, excuse me. In order to assist Council, I put suggested motions for each separate application on the following slides. Thank you for your attention. Staff and the applicant are here to answer any questions you may have. Mayor Burk: All right. Does the applicant have a presentation? Do you want to do one of the motions? Hello. Chris Stephenson: Good evening, Madam Mayor and Members of Town Council. My name is Chris Stephenson. I'm a planner with the civil engineering firm Gordon, here representing the applicant which is Loudoun County. With me this evening is Mr. Artie Wright with the Department of General Services.We'll keep a real brief presentation, Mr. Murphy and staff have done an excellent job guiding us through the application here. He provided all the great details and we just want to highlight a couple of aspects here this evening.We've already kind of went over what the property currently is zoned and what we're looking to do is just consolidate the parcel to one zoning district, and within the H-1 Overlay districtas well. This just gives a really quick overview of the proximity of the property in the surrounding communities where you can see the Union Street Cemetery, and the adjacent residents along Union Street and Wirt Street in close vicinity. Going a little bit closer, you can see the existing [unintelligible] office building right up there on Union Street has the frontage with a sidewalk in front of it and existing parking and with the Douglass school located in the back of the property.We'll show you next is the concept where we're looking to expand here and we just wanted to highlight to help give you a clearer picture and this is our concept and what we want to pursue and move forward with is to show the building addition to the back of the school,which would provide access to the Douglass school itself Page 231 September 14,2021 that would provide an accessible route, for patrons to use and to access the facility, there would be a one way travel way circulating around the back of the building. We're adding approximately about nine spaces back through here into this as compact of a layout as we can possibly achieve. We work with staff to address and mitigate impacts to the adjacent ownerships. To the east side,the buffer,we also have a brick and peer screen fence to help shield what the proposed development is. That will tie down with some additional landscaping to help shield that the proposed dumpster pad is located in the very back of the site, again,further from any view sheds from the Union Street and from the adjacent public into mitigating noise as well. This was what we felt was the best way to accommodate circulation movements and providing access without all together. That is really the highlight, of the concept that we have here this evening.We went through quite a bit of a design aspects to address into to mitigate the modifications that we requested and I think the only one thing we just want to point out not related to the design is the intended for the future use of the facility. That the County really has no plans to divest the property, it will be enrolled in the resident curator program once it's rezoned and permitted. • This will allow the County to maintain ownership of the property while allowing a public private partnership through a lease agreement. To date, nothing has been formally established.We are trying to get through this process through here so if there's any questions that myself or Mr.Wright can do, we'll be happy to take them this evening. Mayor Burk: Thank you. Thank you very much. Are there any questions on this item? Mr. Steinberg? Council Member Steinberg: Thank you, this may be more for our staff as opposed to the County, in looking at the allowable uses in this rezoning. Three of them stand out. One is eating establishment, the other is retail establishment and the third is parking structure. Now, I recognize this is a pretty tight spot. I can't imagine the parking structure there. I'm wondering under what or within what context would an eating establishment or a retail establishment work in a situation like this? For example,the museum would have a-- It's a small building but possibly a café or a gift shop and those might be the applicable uses as opposed to a standalone eating establishment on a site like this. Christopher Murphy: Exactly. Council Member Steinberg:All right,that's what I thought. Let's look at the office building for a second, this is not a contributing structure, I assume. Christopher Murphy: Actually, the 1964 office building, due to its age because it is over 50 years old now, it could possibly be. It's eligible now because of its age for a study to see if it is a contributing structure. Now we have some in the BAR that did mention that it is a prime example of mid-century office building, and something that we don't see much of around Town. It's quite possible that a survey could determine that it is indeed a contributing structure. Council Member Steinberg: Okay,well, quite possible, that's an interesting phrase. I guess the question is how do we assure since this is now going to be an H-1 Overlay,that it is, as opposed to quite possible, so that we wouldn't have to face, maybe not this Council but somewhere down the road, substantial changes to that building. Christopher Murphy: You're right,there's a process that once it becomes part of the H-1, if it does, that can go into effect, and the proper surveys are required in order to determine the property is contributing, proper surveys can be done in order to make that official. Council Member Steinberg: Okay, since this is in a neighborhood, looking at the site plan and everything, I noticed the landscaping and all, I realize it's preliminary. There wasn't a lighting plan. I assume whatever comes out will be very sensitive to the neighborhood and obviously, has to meet Town and H-1 design guidelines, I presume, as well. Is that correct? Page 241 September 14, 2021 Christopher Murphy: Of course, correct. Council Member Steinberg: Okay. Now, this is a work in progress. I know this building has been stabilized at least the exterior, I know the interior has decided issues. Long term now until some renovation project takes place,who is responsible for this building?You are? Okay. [chuckles] It's that guy, okay. Artie Wright: Thank you. Artie Wright with Loudoun County Government, Department of General Services.Yes, our department is responsible for maintaining and mothballing the building. Council Member Steinberg: Okay, thank you. I believe that's all I have,thanks. Mayor Burk: Ms. Fox? Council Member Fox: Thanks.A couple of questions. I can't remember,this is for staff, is Miller Drive part of this district,the GC district? Christopher Murphy: It is not. Council Member Fox: It is not, okay. I couldn't remember. If we rezone this,will the Town be responsible for the modifications that you listed up there? Christopher Murphy: Will the Town be responsible for modification of the GC district?Yes, if you approve the ordinance amendments before you, then you are approving a Zoning Ordinance text amendment to the GC district. Council Member Fox: Okay. All the modifications that you listed up there, I can't remember which slide it was,for four-foot sidewalk or the things that need to be modified-- Christopher Murphy: Well, those things are all shown on the concept plan. If you approve the concept plan, remember, I noted that the GC district is much like a planned district, but for government uses. Under the GC district, certain modifications and certain design standards can be established as part of an application. In effect, if you approve the concept plan in front of you this evening,then you will effectively be doing that. Council Member Fox: Okay. The last question, I suppose this was for the gentleman from Loudoun County.Would you be maintaining ownership of this or do you foresee it going into private ownership, at some point? Artie Wright: No, Loudoun County Government will maintain ownership of the property. Council Member Fox: Okay, thank you. Mayor Burk:All right, yes? Council Member Bagdasarian: Just a quick question, are there any plan uses for the facilities, currently? Artie Wright: The Child Find Center with Loudoun County Public Schools, is still under a lease agreement with Loudoun County Government. I don't know of any plans to, at least right now. That's out of my nature of work, but from what I know,that's still under contract.As far as the building,we would like to turn it into a museum. Council Member Bagdasarian: I'm sorry. Artie Wright:We would like to turn the old 1880s building into a-- 1800s building into a museum. Page 251 September 14, 2021 Council Member Bagdasarian: Okay, great. Thank you. Artie Wright: Yes, sir. Mayor Burk: All right, we have one person from the public that has signed up to speak, Eugene Scheel. [pause] Mayor Burk: Hello Mr. Scheel. Eugene Scheel: Hi, Eugene Scheel, I am an adjacent property owner. I also have a strong educational interest in that my classes of Loudoun County Public School teachers have visited that building since 1973. The last time we were in it,was about 2010 or'11.At that time,the School Board thought that the floor was not stable enough for 40 or so teachers to be walking upon it, and so we had to confine our visits to the exterior of the building. It's an extremely important building. I'm all for its preservation. It's one of the few old African American high schools that's still in pristine condition in Virginia. It was once known as Loudoun County High School among the black community because it was their High School. I also might add, that the baseball field was really at a very integral part of that school complex,which was in front of the building. There was also a well right on the street. I remember that. There's more to the building than one can see the eye. Thank you very much. Mayor Burk: Thank you. Thank you, Mr. Scheel. I must disclose that I was one of those teachers that attended many of his classes, so thank you very much.At this point, is there anybody in the audience that would like to speak? If you haven't signed up, you are welcome to come forward. Being the case that there is nobody here that wants to come forward. I will close this public hearing.All of the public hearings. Thank you. I will ask Mr. Bagdasarian, do you have a motion you want to make? Council Member Bagdasarian: I do. Turn on the microphone. I move that Zoning Ordinance Amendment TLOA-2020-0004 Revising the Use Regulations, Density, Intensity and Dimensional Standards and the GC Government Centers Zoning District be approved on the basis that the amendments further the objectives of the Town Plan and that the proposal would serve the public notice necessity, convenience, general welfare, and good zoning practice. Council Member Fox: Second. Mayor Burk: Seconded by Council Member Fox. Any questions at this point?All in favor indicate by saying aye. Council Members: Aye. Mayor Burk: That's seven-zero. Mr. Vice Mayor Martinez, do you have a motion? Vice Mayor Martinez: I sure do, but first I want to thank Chris for an exciting presentation. I move that the Zoning Ordinance Amendment TLOA-2021-007 Revising the Boundary Description of the H-1 Overlay District and Zoning Ordinance Section 7.5.3 Historic District created established be approved on the basis that the amendment furthers the objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice. Mayor Burk: Is there a second? Council Member Cummings: Second. Mayor Burk: Second by Council Member Cummings. All in favor? Page 261 September 14, 2021 Council Members: Aye. Mayor Burk: Opposed?That passes. Ms. Nacy? Council Member Nacy: I'm an aye. Sorry. Mayor Burk: Okay, that passes 7-0. Mr. Cummings, do you have a motion? Council Member Cummings:Yes, I move that the Rezoning Application TLZM-2021-0001 20 Union Street North West GC Government Center Zoning Map Amendment be approved on the basis that the rezoning meets the approval criteria of TLZO section 3.3.15 and the proposal will serve the public necessity, convenience, general welfare, and good planning practice on the condition that all subsequent development shall be in substantial conformance with the concept plan dated July 30th, 2021, prepared by Gordon Associates Incorporated. Council Member Steinberg: Seconded. Mayor Burk: Seconded by Council Member Steinberg, all in favor, indicate by saying aye. Council Members:Aye. Mayor Burk: Opposed, that's 7-0. The last one is that I move that the rezoning application TLZM- 2020-0005, 20 Union Street North West H-1 Overlay and Old Historic District Zoning Map Amendment be approved on the basis that the rezoning meets the approved criteria of TLZO section 3.3.15. The proposal will serve the public necessity convenience, general welfare, good planning, and practice on the condition that all subsequent development shall be in substantial conformance with the concept plan dated July 30th, 2021, prepared by the Gordon Associates Inc. I need a second. Vice Mayor Martinez: Seconded. Mayor Burk: Seconded by Vice Mayor Martinez.All in favor. Council Members:Aye. Mayor Burk: Opposed?That passes, 7-0.All right gentlemen, thank you very much for being here tonight. Christopher Murphy: Thank you. Mayor Burk: Is there any future Council meeting agenda topics?Yes, oh, yes, Vice Mayor? Vice Mayor Martinez: I would like for us to-- I'll give you an example of what am asking. Back, several years ago, the Paxton trustees were looking for demolition permit to destroy the Carlheim Mansion on Paxton property. Not only that,the daycare center, and other activities there were going away. I brought forward to Council a motion to make the Paxton Campus a historic overlay which delayed the demolition a year, and we managed to have some great organizations that house the Paxton campus.What I'm going to ask Council to have staff do, is to look in to see what text amendment, historic overlay, re-zoning,whatever we can do to protect the residents of the trailer park. I would like for them to go in and try to find anything that we can do to protect those residents, and so I'm asking for support for that. Mayor Burk: Are there four people that are interested in having staff look into tax amendment or rezoning, or--? Vice Mayor Martinez:Whatever they can. Page 271 September 14, 2021 Mayor Burk:Whatever they can to--What do you mean by protect? Vice Mayor Martinez: To protect, to give the residents some confidence that they're not going to be kicked out of their home. Mayor Burk: Okay, give residents--All right. Are there four people that are interested in doing that? Alright. Ms. Nacy. Council Member Nacy: Sure. Mayor Burk: Okay. Vice Mayor Martinez: Thank you. Mayor Burk: That's unanimous then,we'll see what they bring back. Vice Mayor Martinez: Great. Mayor Burk:And no one else? Council Member Fox: Here. Mayor Burk: Ms. Fox. Council Member Fox: That brought up a good question and I actually wanted to see what-- I don't know how to word this, but I'd like to know what our limitations are as well. I guess what can be done, but what are the limitations as well that we need to be aware of. Mayor Burk: That will be part of their research. Council Member Fox: Okay, I just wanted to make sure that was included, and I would like to put one more thing forward. October is Polish Heritage Month, I'd like to ask for a proclamation for that. Mayor Burk: Hey, Polish Heritage Month.Alright, are there four people that would be interested in doing that? Ms. Nacy?All right,that passes unanimously. Town Manager, you have any comments? We have a closed session scheduled, and it is on pending litigation and annexation, and/or a bounty line adjustment with respect to the JLMA. Do I have a motion to go into closed session? Vice Mayor Martinez: So moved. Mayor Burk: So moved by Vice Mayor Martinez, second. Council Member Bagdasarian: I second. Mayor Burk: Council Member Bagdasarian, all in favor indicate by saying aye. Council Members:Aye. Mayor Burk: Opposed. That passes 7-0. Are we going to do it in here? Okay. [Council went into Closed Session from 8:55 p.m.to 9:30 p.m.] Keith Markel: We are on. Mayor Burk: Ok,we are live. In accordance with—Am I reading the first motion or the second one. Page 281 September 14,2021 Chris Spera: The second one. Mayor Burk: Ok. In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge that only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed and considered in this meeting by Council. Mr. Bagdasarian? Council Member Bagdasarian: Aye. Mayor Burk: Mr. Martinez? Vice Mayor Martinez:Aye. Mayor Burk: Mr. Cummings? Council Member Cummings: Yes. Mayor Burk: Mr. Steinberg? Council Member Steinberg: Yes. Mayor Burk: Ms. Fox? Council Member Fox:Aye. Mayor Burk: Ms. Nacy? Council Member Nacy: Aye. Mayor Burk:And Ms. Burk is aye. Alright, that takes us then to our disclosures. No we didn't. We didn't do disclosures. Council Member Bagdasarian: Just additional items. Council Member Fox: That's all under the same item. Mayor Burk: Anybody have any disclosures? Council Member Fox: I actually said mine during Consent. Council Member Bagdasarian: I just want to give an update that we had the first meeting for murals on private buildings committee last week and that process has started. We are going to update in a few months to Council where that is. Mayor Burk: Great. Vice Mayor Martinez: Quick question. Since Suzanne talked to Hobie Mitchell about a County application does that really matter? On the County as a disclosure? Chris Spera: I mean they are an applicant but she made her disclosure in the earlier context. Vice Mayor Martinez: I am just wondering if it is required because it has nothing to do with the Town or what we are doing in the Town. Council Member Fox: Well the matter was before us so I thought it was appropriate. Page 291 September 14, 2021 Vice Mayor Martinez: Ok so. In case we do something in the future like that whether we have to disclose it. Mayor Burk: I want to welcome Dunkin' Donuts. We did a ribbon cutting there early in the month. I want to congratulate the Town. The Taste of Leesburg was a phenomenal event. It was very well run and each year it just gets better and better. I want to congratulate William Murphy who got his Eagle Scout. I attended the VML Executive Committee on the 19'h. The Freedom Ride on the 201h is always breathtaking. It's well worth the effort to come downtown and watch all those motorcycles ride by heading off to the Pentagon.Also I want to congratulate Kaley Boyles for her mural on the bridge over the creek. It most certainly is a delight and it is one of the best ones that I have seen in a long, long time. I want to welcome the Muslim Community Center. Amir Sahib invited me to participate in the ribbon cutting for their community center and that was really great. We had a ribbon cutting for the new energy chiropractors and I want to welcome them. The National Overdose Awareness, the International Overdose Awareness Month we lit up the Town garage and it was a truly beautiful ceremony and it was very touching and I appreciate the fact that we are able to do that and make a difference and make it known that there's something going on and people walked by and joined us. It was very beautiful. A woman from [inaudible] has lost her son to overdose just a couple months ago and her remarks were truly inspiring. I wish we had recorded them so that everybody could see them. I want to congratulate Parks and Rec for their dog swim. That is a hysterical event. I don't have dogs by to me it is a bunch of teenagers,and kids running around disobeying their parents and not listening to a thing. Sunday, Council Member Cummings and I attended the Loudoun Islamic Learning Center opening. We did a ribbon cutting for that and I just want to thank the field hockey girls asking me to come over and give them a rah, rah speech before their first game and go Huskies! So if I have a motion to adjourn? Vice Mayor Martinez: So moved. Mayor Burk: Second. Council Member Steinberg: Second. Mayor Burk: Second.All in favor. Council Members: Aye. Mayor Burk: Opposed. Alright. Page 301 September 14, 2021