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HomeMy Public PortalAbout2021_tcmin1012 COUNCIL MEETING October 12, 2021 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor Marty Martinez, Kari Nacy, Neil Steinberg, and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Director of Planning and Zoning Susan Berry Hill, Emergency Management Coordinator Joe Dame, Director of Information Technology Jakub Jedrzejczak, Chief of Police Greg Brown, Public Information Officer Betsy Arnett, Stormwater and Environmental Manager Philip Jones, Transportation Engineer Calvin Grow and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Rabbi David Greenspoon. 3. SALUTE TO THE FLAG was led by Council Member Cummings. 4. ROLL CALL All Council Members present. 5. MINUTES a. Work Session Minutes of September 27, 2021 MOTION 2021-184 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the minutes of the Work Session of September 27, 2021, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 b. Regular Session Minutes of September 28, 2021 MOTION2021-185 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the minutes of the Regular Session of September 28, 2021, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 1 I Page COUNCIL MEETING October 12, 2021 6. ADOPTING THE MEETING AGENDA MOTION2021-186 On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, 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. 8. PRESENTATION OF PROCLAMATIONS a. Domestic Violence Awareness Month (Executive Director of Loudoun Abused Women's Shelter(LAWS) Judy Hanley) Mayor Burk read the proclamation for Domestic Violence Awareness Month. Ms. Judy Hanley, Executive Director of Loudoun Abused Women's Shelter, accepted the proclamation and made a few remarks. b. Polish American Heritage Month(Jakub Jedrzejczak) Mayor Burk read the proclamation for Polish American Heritage Month. Leesburg's Information Technology Director Jakub Jedrzejczak accepted the proclamation and made a few remarks. 9. PRESENTATIONS a. S.T.E.A.M. Culture Centre Mr. Bleu Colquitt and Mr. Benjamin Blakley presented Council with their vision and request for Council support for a multi-purpose Science, Technology, Engineering, Arts and Math(S.T.E.A.M.) Cultural Center and Athletic Training Facility in Leesburg. 10. REGIONAL COMMISSION REPORTS Mayor Burk noted the Virginia Municipal League conference was held in Leesburg and was a great success. 11. PETITIONERS The Petitioner's Section was opened at 7:26 p.m. [A translator was present to interpret comments for the non-English speaking petitioners.] 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. 2 I Page COUNCIL MEETING October 12, 2021 Emily 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. Erin Taylor, 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. Elizabeth Pekin, Purcellville. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and supported the residents' request to Council for assistance. Cesar Frias, 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. Angela Bland. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and supported the residents' request to Council for assistance. Pamela Thomas, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and supported the residents' request to Council for assistance. Erenaro Unknown Last Name, 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. Lourdes Juarez &Rufino Salinas, 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. Xiomara 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. Adela Ugarte, 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. Isamas Ortega, 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 Turcion, 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. 3 I Page COUNCIL MEETING October 12, 2021 Catherine Albarado, 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. Amaerco 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. The Petitioner's Section was closed at 8:04 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2021-187 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following consent agenda was proposed: a. Tree Bank Mitigation Funds for Tree Installation along Childrens Center Road RESOL UTION2021-150 Appropriation of Tree Bank Mitigation Funds in the amount of$15,804 to the Department of Public Works Forestry Services for Childrens Center Road Tree Screening Project b. Tuscarora Creek Trail Phase I Project RESOLUTION2021-151 Approving an Engineering Design Task Order for the Tuscarora Creek Trail Phase I Project to J2 Engineers, Inc.for a not to exceed amount of$211,264 c. Replacement of Hydro,fluorosilicic Acid Storage Tanks at the Water Treatment Plant RESOLUTION2021-152 Approve a Task Order for the Replacement of Two 1,000 Gallon Storage Tanks for the Hydrofluorosilicic Acid Feed System at the Water Treatment Plant to WGK Construction, LLC in the amount of$268,421 d. Motion to Approve Spotted Lanternfly Awareness Proclamation (Sponsor: Council Member Nacy) MOTION I move to approve the Spotted Lanternfly Awareness Proclamation to be presented at the October 26, 2021, Town Council Meeting. 4 I Page COUNCIL MEETING October 12, 2021 The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay.' None Vote: 7-0 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Appointment to the Thomas Balch Library Commission Only one nomination was received to fill the vacancy on the Thomas Balch Library Commission. Council selected Dr. Paul Coyer as their nominee to fill the position. MOTION 2021-188 On a motion by Council Member Fox, seconded by Council Member Nacy, the following was proposed: RESOLUTION2021-153 Appointing Paul Coyer to the Thomas Balch Library Commission The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 b. COVID-19 Vaccination &Testing Program for Town of Leesburg Mr. Dentler reviewed the vaccine testing program options with Council. Council and staff discussed the item. Council Member Fox requested a suspension of the rules for additional time to make a statement. A suspension of the rules must be unanimous. Vice Mayor Martinez was not in support of the suspension of the rules. MOTION On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the following was proposed: To implement a policy that employees and advisory board and commission members be vaccinated or be subject to weekly testing The motion failed by the following vote: Aye: Bagdasarian, Steinberg Nay: Cummings, Fox, Vice Mayor Martinez, Nacy and Mayor Burk Vote: 2-5 Mr. Cummings proposed a vaccine program that requires employees to be vaccinated to work for the Town of Leesburg or use a health or religious exemption. Council Member Steinberg suggested the following parameters to 5 I Page COUNCIL MEETING October 12, 2021 Mr. Cummings' motion: the Town will require that all employees receive a vaccine for COVID 19, with the exceptions made for verifiable medical or religious reasons; those granted an exemption will be tested under a Loudoun County testing program paid for by FEMA through December 31, 2021; after December 31, 2021, employees will be responsible for the 25%payment for testing; all who have verification of vaccine vaccination will be exempt from testing and will run parallel to the continuation of mass mandate; and, the program is subject to change in response to pending OSHA regulations. The amendments were accepted by Council Member Cummings. MOTION On a motion by Council Member Cummings, seconded by Council Member Steinberg, the following was proposed: RESOLUTION COVID-19 Vaccination& Testing Program for Town of Leesburg Employees and Appointed Officials with the following parameters: the Town will require that all employees receive a vaccine for COVID 19, with the exceptions made for verifiable medical or religious reasons;those granted an exemption will be tested under a Loudoun County testing program paid for by FEMA through December 31, 2021; after December 31, 2021, employees will be responsible for the 25%payment for testing;all who have verification of vaccine vaccination will be exempt from testing and will run parallel to the continuation of mass mandate;and, the program is subject to change if the County's program is delayed and in response to pending OSHA regulations The motion passed by the following vote: Aye: Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Bagdasarian, Fox, Nacy Vote: 4-3 Council and staff discussed the timing of the program, the County's testing program and how long the Town Manager needs to implement the program and to allow those employees who wish to get the vaccine adequate time in between shots to get vaccinated in order to comply with the program. Council Member Steinberg requested to add a friendly amendment to the approved motion that a 120-day implementation be inserted into the motion to allow 30 days for the Town Manager to develop the program and 90 days for employees to comply. The amendment was not accepted. Council Member Cummings requested a friendly amendment to allow the Town Manager a total of 90 days to implement the program. The request to amend a motion that was already passed was deemed out of order. A separate motion was made by Mr. Cummings. 6 I Page COUNCIL MEETING October 12, 2021 MOTION On a motion by Council Member Cummings, seconded by Council Member Steinberg, the following was proposed: To allow 90 days for the Town Manager to develop and implement the vaccination and testing program The motion was approved by the following vote: Aye: Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Bagdasarian, Fox, Nacy Vote: 4-3 Clarification requested later in the meeting by Mr. Dentler regarding employees' responsibility for testing costs and ensuing discussion between Council and staff led to the following motion to reconsider the original motion. MOTION2021-189 On a motion by Council Steinberg, seconded by Council Member Cummings, the following was proposed: To reconsider the motion on the vaccination and testing program due to an error regarding employee payments The motion was approved by the following vote: Aye: Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Bagdasarian, Fox, Nacy Vote: 4-3 MOTION 2021-190 On a motion by Council Member Cummings, seconded by Council Member Steinberg, the following was proposed: RESOLUTION2021-154 COVID-19 Vaccination do Testing Program for Town of Leesburg Employees and Appointed Officials with the following parameters:to mandate all employees and appointed officials be vaccinated with exemptions for medical and religious reasons;anyone with those exemptions will need to be tested at the cost to the Town;and, all parties have 90 days to comply. Additionally, if something happens with the County's testing program and it needs to move forward, then the Town's 90 days will move forward with the County's program. The motion was approved by the following vote: Aye: Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Bagdasarian, Fox, Nacy Vote: 4-3 7 I Page COUNCIL MEETING October 12, 2021 14. PUBLIC HEARINGS a. TLAP-2021-0001, Cornerstone Proffer Appeal The Public Hearing was reopened at 8:57 p.m. Ms, Susan Berry Hill provided Council with an overview of the appeal filed by the Cornerstone Chapel Church. Council and staff discussed the appeal. Mr. Kevin Wright, representing Cornerstone Chapel, presented Council with the justification for the appeal. Council, staff and Mr. Wright discussed the appeal. Public Speakers: There were no public speakers wishing to address this public hearing. The public hearing was closed at 9:16 p.m. MOTION2021-191 On a motion by Council Member Nacy, seconded by Council Member Fox, the following was proposed: RESOLUTION2021-155 Cornerstone Chapel Building Elevation Proffer Appeal I move to overturn the Zoning Administrator's interpretation of substantial conformance of the proposed building elevation with the proffered TLZM-2008-0001 building elevations based on the following findings: • The proposed Administration Building satisfies the intent of the proffers by providing consistent architecture with proffered buildings already constructed on the property. • The modifications to the practical construction documents from the conceptual architecture renderings in the 2010 proffer are consistent with modifications that have been approved by the Town of Leesburg in prior construction. • Substantial Conformance allows for modifications so long as those modifications... o Do not change an essential component of the discretionary approval impacting the projects overall design, quality, safety, or function. o That the request represents an upgrade in overall design features and/or materials which maintains or improves upon the project's original compatibility with the surrounding neighborhood. The motion was approved by the following vote: Aye: Cummings, Fox, Vice Mayor Martinez, Nacy Nay: Bagdasarian, Steinberg and Mayor Burk Vote: 4-3 8 I Page COUNCIL MEETING October 12, 2021 c. Second Boundary Line Agreement with Loudoun County for Portions of Compass Creek Pursuant to Code of Virginia 15.2-3106 et seq. The public hearing was opened at 9:19 p.m. Mr. Chris Spera provided Council with an overview of the second boundary line agreement with Loudoun County at Compass Creek. Council and staff discussed the agreement and the process. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 9:27 p.m. MOTION2021-192 On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the following was proposed: RESOLUTION2021-156 Adopting a Second Boundary Line Agreement(BLA)with Loudoun County for Portions of Compass Creek Pursuant to Code of Virginia 15.2-3106 et seq. 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. DISCUSSION a. Standing Residential Traffic Committee (SRTC) Town Manager Kaj Dentler reviewed the current structure, membership and stipend status of the Standing Residential Traffic Committee. Council and staff discussed the item including how the fire and rescue representative is appointed to the Committee and whether or not Committee members should receive a stipend. SRTC Committee Chair Sandy Grossman was in attendance and participated in the discussion. It was the consensus of Council to schedule a public hearing to make changes to the Town Code related to the Standing Residential Traffic Committee. 9 I Page COUNCIL MEETING October 12, 2021 b. Loitering and Other Laws that Might Apply to the Homeless Town Attorney Chris Spera and Chief of Police Greg Brown provided Council with an overview of loitering and other laws that apply to the homeless. Council and staff discussed the item. 18. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Fox finished her prepared statement regarding her opposition of the vaccine mandate. Ms. Fox also followed up on her request for a Work Session discussion on expanding virtual attendance at Council Meetings. Mr. Spera advised that the topic is on the Town's legislative agenda and requires action by the General Assembly but has been discussed with the local State representatives. Based on the information Mr. Spera provided, Ms. Fox was agreeable to removing this item from a future Work Session discussion. Council Member Steinberg requested a discussion on the Town Plan specifically regarding the Crescent Design District to address affordable housing. Mr. Dentler advised that this topic is already scheduled for the October 26.Council Work Session. Vice Mayor Martinez disclosed that he met with the residents, New Virginia Majority representatives and a lawyer representing the Leesburg Mobile Home Park. Council Member Bagdasarian updated Council on the progress of the Murals on Private Buildings. 19. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed that she met with Mr. Wigfield and his son. Mayor Burk said she met with Habitat for Humanity, the New Virginia Majority, and County employees in regard to what services and actions can be done at the trailer park. Mayor Burk noted she attended the Town's job fair held at the Ion Training Center and noted it was well attended. Mayor Burk attended a ribbon cutting on the Harrison Street Project. Mayor Burk welcomed the new health food store the Neighbor Market on South Street. Mayor Burk thanked everyone who came out to her new office open house on October 1st. Mayor Burk attended the Academies of Loudoun Car Show and was asked to pick out her favorite car out of hundreds of cars. Mayor Burk said the Fire Company held a wonderful open house that was very well received and the kids had a great time. Mayor Burk noted the opening of the VML Conference on October 3' and thanked staff for all of their hard work to make the conference a success. Mayor Burk also thanked all the Loudoun Town Mayors who helped her with the welcoming skit at the beginning of the conference. Mayor Burk met and presented a proclamation to a group of women commemorating a walk held 250 years ago where they walked from Pennsylvania to Salem, North Carolina through Leesburg to go to school and where the men of Leesburg were not very welcoming to them. Mayor Burk noted the VFW invited her to meet Sgt. Danny Garcia and his wife. Sergeant Garcia walked around the world for children and peace. Mayor Burk thanked BENEFIT organizers Council Member Bagdasarian and Ms. Amy Bobchek and their volunteers for putting together a successful music festival. Mayor Burk welcomed the Virginia • 10 I Page COUNCIL MEETING October 12, 2021 Montessori Academy that opened on Loudoun Street. Mayor Burk noted the goats are back and encouraged everyone to go see them. 20. TOWN MANAGER COMMENTS Mr. Dentler thanked Town staff for their hard work in supporting the Virginia Municipal League Conference held in Leesburg at the beginning of the month. 21. CLOSED SESSION a. None. 22. ADJOURNMENT On a motion by Council Member Bagdasarian, seconded by Council Member Steinberg, the meeting was adjourned at 10:21 p.m. Kell Bur Mayor Town of Leesburg • ATTEST: 0)0.Q. Clerk of Council 2021_tcmin1012 11 l Page