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HomeMy Public PortalAbout2021_tcmin1026COUNCIL MEETING October 26, 2021 1 1 1 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 Public Works and Capital Projects Renee LaFollette, Director of Economic Development Russell Seymour, Deputy Director Parks and Recreation Kate Trask, Deputy Town Attorney Christine Newton, Zoning Administrator Michael Watkins, Leesburg Police Lieutenant Jaime Sanford, Urban Forester Tyler Wright, and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Cummings. 3. SALUTE TO THE FLAG was led by Council Member Nacy. 4. ROLL CALL All Council Members present. 5. MINUTES a. Regular Session Minutes of October 12, 2021 MOTION2021-193 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the minutes of the Regular Session of October 12, 2021, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 6. ADOPTING THE MEETING AGENDA MOTION2021-194 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 1 1 Page COUNCIL MEETING October 26, 2021 1 1 1 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Spotted Lanternfly Awareness (Tree Commissioner Elizabeth Welch) Mayor Burk read the proclamation for Spotted Lanternfly Awareness. Tree Commissioner Elizabeth Welch accepted the proclamation and made a few remarks. 9. PRESENTATIONS a. Leesburg Mobile Home Park Ms. Erin Taylor, a resident and spokesperson of the Leesburg Mobile Home Park, gave Council a presentation regarding the impacts to her community as a result of a sale of the Leesburg Mobile Home Park to a private developer. Ms. Taylor asked a number of questions. A response will be coordinated with Ms. Taylor and representatives of the community through the Town's Public Information Officer Betsy Arnett. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section was opened at 7:15 p.m. [A translator was present to interpret comments for the non-English speaking petitioners.] Vincente Gonzalez. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town staff to establish a form of communication with the residents to help facilitate answers to their questions. Jose Monroy. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town staff to work on incorporating mobile home communities into the Town Plan. Adela Ugarte. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town staff questions regarding if any other properties in the Crescent District received similar letters regarding potential purchases of their properties. Ms. Ugarte also asked questions about how the value of the property was evaluated. Mirna Echeverrya. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town staff for information regarding the process for home and property inspections. Maria Garcia. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town staff about whether communications should come from a prospective property owner or the current property manager. 2 I Page COUNCIL MEETING October 26, 2021 1 1 1 Vincente Lopez. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town if it was appropriate that a potential purchaser had a list of property owners' names and addresses. Cesar Frias. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town staff about the history of the zoning on the property and why the Leesburg Mobile Home Park was never zoned for such use. Mr. Frias also asked about the connection between DSP Real Estate Capital and Crescent Mobile Partners. Isamar Ortega. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town staff for clarification on how communication will be handled with the residents to help facilitate answers to their questions. Julie Bolthouse. Spoke to Council regarding the sale of the Leesburg Mobile Home Park, the need for affordable housing in Leesburg, the developer's options for by -right development, zoning options and the need to designate mobile home park zoning in Leesburg. Angie Kolman. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town staff to consider the impact such a sale will have on the children and families in the community. Americo Lopez. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town about the pre -application meeting with the developer on October 28 and whether it was open to the public to attend. Gem Bingol, 1508 Shields Terrace, Leesburg. Spoke to Council regarding the sale of the Leesburg Mobile Home Park and asked Council and Town staff to consider the impact such a sale will have on the community and discussed the need for affordable housing options in Leesburg and some of the areas where this can be achieved. The Petitioner's Section was closed at 7:45 p.m. 12. APPROVAL OF THE CONSENT AGENDA Council Member Steinberg requested item 12.a. — Hosting Agreement with Earth Networks, Inc., be removed from the Consent Agenda for discussion. MOTION2021-195 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following consent agenda was proposed with item 12.a. - Hosting Agreement with Earth Networks, Inc., removed: b. Sponsorship Coordinator Contract Award RESOLUTION2021-157 Award a Sponsorship Coordinator Contract to Jennifer E. Goldman, LLC 3 1 Page COUNCIL MEETING October 26, 2021 1 1 1 c. Town Shop Expansion and Refurbishment Capital Improvement Project RESOLUTION 2021-158 Approving an Engineering Design Task Order for a Space Needs Study for the Town Shop Expansion and Refurbishment Capital Improvement Project in the amount of $195,208 to Christopher Consultants LTD d. Airport Maintenance/Storage Facility RESOLUTION 2021-159 Approving a Supplemental Appropriation in the Amount of $66,600 to the Capital Projects Fund for the Airport Maintenance/Storage Facility in the Approved Capital Improvement Program e. Approve Purchase of 16 Wirt Street RESOLUTION 2021-160 Approving a Contract for the Purchase of 16 Wirt Street, SW and Appropriating Funds for the Purchase f Appointing James Garofalo to the Commission on Public Art RESOLUTION2021-161 Appointing James Garofalo to the Commission on Public Art Motion to Approve the Mason Enterprise Center (Leesburg) 10th Anniversary Proclamation MOTION I move to approve the Mason Enterprise Center (Leesburg) 10`h Anniversary Proclamation g. 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 h. Hosting Agreement with Earth Networks, Inc. Mr. Russell Seymour made a brief presentation on the proposed weather station on the roof of Town Hall. Council and staff discussed the item. MOTION2021-196 On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the following was proposed: RESOLUTION 2021-162 Approving a Hosting Agreement between the Town of Leesburg and Earth Networks, Inc., for the Placement of a Weather Station on the Roof of Town Hall 4 I Page COUNCIL MEETING October 26, 2021 1 1 1 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: Fox Vote: 6-1 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Lassiter Way Alley Niche Murals MOTION2021-197 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the following was proposed: RESOLUTION 2021-163 Approval of Lassiter Way Alley Niche Murals Designed by Local Artist Kim P. Kim for Installation on the Town Hall Parking Garage The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Fox abstain) b. Initiate Zoning Ordinance Amendments for Homestays Mr. Michael Watkins reviewed the proposed Zoning Ordinance Amendments for Homestays. MOTION On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the following was proposed: RESOLUTION Initiation of Amendments to Articles 9 and 18 of the Zoning Ordinance to Define and Amend Use Regulations for Homestays Council Member Cummings requested a friendly amendment to remove the 180 days of staying in a home as a Homestay and to cap the number of Homestay licenses at 25. The amendments were accepted by Council Members Bagdasarian and Nacy. Vice Mayor Martinez requested a friendly amendment to include a requirement that neighbors within a block of a Homestay be notified and that the notification include contact information for the owner of the home. The amendments were accepted by Council Members Bagdasarian and Nacy., MOTION2021-198 On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the following was proposed: 5 I Page COUNCIL MEETING October 26, 2021 1 1 1 RESOLUTION 2021-164 Initiation of Amendments to Articles 9 and 18 of the Zoning Ordinance to Define and Amend Use Regulations for Homestays with amendments The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez and Nacy Nay: Steinberg and Mayor Burk Vote: 5-2 14. PUBLIC HEARINGS a. Batch Amendments to the Town Code The Public Hearing was opened at 7:55 p.m. Ms. Christine Newton reviewed the proposed Town Code Batch Amendments for Public Works, Leesburg Police Department and Planning and Zoning. Council and staff discussed the amendments. Public Speakers: There were no public speakers wishing to address this public hearing. The public hearing was closed at 8:08 p.m. MOTION2021-199 On a motion by Council Member Nacy, seconded by Vice Mayor Martinez, the following was proposed: ORDINANCE 2021-0-024 Amending Town Code 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 staff to review the options for moving forward with the Science, Technology, Engineering, Arts and Math (S.T.E.A.M.) Cultural Center and Athletic 6 I Page COUNCIL MEETING October 26, 2021 1 1 Training Facility in Leesburg as presented to Council on October 12 by Mr. Bleu Colquitt and Mr. Benjamin Blakley. There was no consensus to move forward with this item. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk attended a ribbon cutting ceremony welcoming Reflections Senior Care on Market Street. Mayor Burk attended the Town of Leesburg Employee Service Awards along with Council Members Cummings and Nacy and thanked staff for their hard work. Mayor Burk, along with Vice Mayor Martinez, Council Member Cummings and Council Member Steinberg attended a community meeting at the Leesburg Trailer Park and met with the residents to provide them with any information they had regarding the sale. Mayor Burk noted she attended the Cool Springs Elementary Kindness Event. Mayor Burk welcomed Race Car Driver Mario Andretti to Leesburg at the ribbon cutting for the new Virginia Tire & Auto Store. Mayor Burk stated that Grand Master Choi held his Kick Cancer Out of the World fundraiser. Mayor Burk said she was honored to participate in the traditional Tap the Keg for the Oktoberfest at the Doner Bistro where every year she here in Leesburg and the Mayor of Munich in Germany open the celebrations for the traditional German Oktoberfest. Mayor Burk noted that Cub Scout Troop 982 came to the Town Hall to participate in a mock Council Meeting to earn their community badge. Mayor Burk said she joined Council Member Cummings at the Coldwell Bankers Realtors Heart Walk to raise money for the American Heart Association. Mayor Burk said she joined School Board Vice -Chair Atoosa Reaser and the other elected in -school people to do the ribbon -cutting at the North Star School. Mayor Burk wished everyone a happy and safe Halloween and reminded everyone of the downtown events over the weekend. 19. TOWN MANAGER COMMENTS Mr. Dentler noted that Public Information Officer Betsy Arnett has been identified as the Town staff member that will serve as the information conduit to the Leesburg Mobile Park residents. Mr. Dentler reminded Council that the Boards and Commissions Networking Event was scheduled for October 27 at Ida Lee Park from 6-8 p.m. 20. CLOSED SESSION a. None. 21. ADJOURNMENT On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was adjourned at 8:•17 p.m. ATTEST: Clerk of Council 2021 tcmin1026 Kell l Burk�Vlayor Town of Leesburg 71 Page October 26, 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: Welcome to tonight's Town Council meeting of October 26th, 2021. I would like to call to order this meeting. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Cummings will be giving the invocation followed by the pledge of allegiance being led by Council Member Nacy. Council Member Cummings. Council Member Zach Cummings: Thank you. Please bow your heads. Dear wise and loving Father, thank you. Thank you on behalf of all who are gathered here today, thank you for your many and abundant blessings. Thank you for life itself, for the measure of health. We need to fulfill our callings for sustenance and for our friendship. Thank you for guiding us tonight as we do the work of the Town of Leesburg. Amen. Mayor Burk: Ms. Nacy? Council Member Kari Nacy: Please join me in the Pledge of Allegiance. Members: I pledge allegiance to the flag of the United States of America, [unintelligible] one nation under God, indivisible, with liberty and justice for all. Mayor Burk: Thank you. Let the record reflect that all members of Council are present. [unintelligible] minutes we have, let me see where my agenda went to. We have one session of regular session minutes of October 12th. Do I have a motion? So moved by Vice Mayor Martinez. Second? Council Member Neil Steinberg: Second. Mayor Burk: Council Member Steinberg. All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Anybody abstain? That's 7-0. Adopting the meeting agenda. Do I have a motion? Vice Mayor Fernando "Marty" Martinez: [unintelligible] Mayor Burk: So moved by Vice Mayor Martinez. Second? Council Member Ara Bagdasarian: I second. Mayor Burk: Council Member Bagdasarian. Is there anything that anyone wants removed from the agenda? All in favor as is indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That's 7-0. We have a presentation of the Spotted Lantern Awareness and Tree Commissioner Elizabeth Welch is going to accept this proclamation. Council Member Nacy is going to join me down on the floor. [pause] Page 11 October 26, 2021 Hello, how are you today? Thank you very much for coming and for your presentation the other day. [inaudible] gave a great presentation. I want to thank you very much for doing that. Council Member Nacy asked that we bring this forward as a proclamation today. I was supposed to read it up there and I got ahead of myself so I'm going to read it now. It's going to say, the proclamation is the Spotted Lanternfly Awareness. Whereas the Tree Commission for the Town of Leesburg has identified a need for the awareness of the invasive insect known as the spotted lanternfly, whereas the spotted lanternfly is a non-invasive insect to the United States, it has the capability of feeding on and killing many different types of trees, shrubs, and agricultural commodities. Whereas Loudoun County and the Town of Leesburg do not currently have an active infestation of this insect, but the insect is located in counties, towns, and cities adjacent to Loudoun and Leesburg. Whereas tourists, residents, employees, and travelers move, work, and visit Loudoun County and the Town of Leesburg on a daily basis and could potentially spread this insect in the area. Whereas the County and the Town have the invested interest in the agritourism industry, that includes wineries, breweries, and farmers' market in this vicinity. Whereas an awareness campaign by the Town of Leesburg through the use of social media, the website, and other resources for residents, visitors, and employees is needed to recognize the signs of the insect, so it can be identified easily and reported to the County and State officials. Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia, make the last week of October 2021 to be Spotted Lanternfly Awareness Week to educate residents on the insect and how to identify and alert officials to its presence as well as to learn how to slow the spread of this insect and to destroy the insect when identified. Thank you very much for doing this. Would you like to say a few things about this lovely little bug? Elizabeth Welch: Yes, if you see it, please destroy it on sight and report it to the proper authorities. Thank you so much. We're very appreciative speaking on behalf of the Tree Commission. Thank you very much. Mayor Burk: Kari, would you like to say a few words? Council Member Nacy: Just thank you very much for your very informational presentation to us a few weeks ago making us aware of this and showing us pictures. We appreciate and now keeping an eye out for it. Mayor Burk: All right, thank you. Keep doing the good work. [laughs] Elizabeth Welch: Thank you. [applause] Mayor Burk: Okay. Anyone at this point have regional reports? Anybody who's been to any of the Regional Commission meetings? There is a presentation? Oh, yes, there is. We have a presentation from Erin Taylor, a 10 -minute -presentation. Erin Taylor: Thank you, Council Members for your time, and for allowing us to present in front of you tonight. I will try to be quick because I know we only have 10 minutes. We'd like you just to think for a moment. Just imagine for us, with us. Where do you think your housekeeper lives or the person who mows your grass? Your children or your grandchildren's daycare worker or nanny? When you go out to dinner, what about your waiter or waitress or the person who cooks your food in the kitchen? The man who painted your house or built your deck or repaired your air conditioner? When you have to call a plumber, electrician, where do you think those people live? What about the lady who cares for your aging parents in their retirement home or their home nurse? When you need an oil change for your car or a repair, what about that mechanic? What about the guy who plows your street when it snows or the retired person next to you in line at the grocery store? Page 2 1 October 26, 2021 These are important jobs held by important people and many are represented by the residents of Leesburg Mobile Park. I so wish that I could tell you each individual person's story because everyone is very important. However, I want to highlight just two special people right now tonight. Katie is a junior at Loudoun County High School. She started this year at the Academies of Loudoun Pharmacy program. She got a part time job over the summer to help save money for college because she wants to be a doctor. If her family is forced to move, it's going to put her future in jeopardy and destroy what she has worked so hard for. Gema graduated in 2020 with an advanced diploma from Loudoun County High School, she also went to Loudoun's Academy of Engineering and Technology. Due to the financial stress of COVID, she had to do her freshman year at NOVA at home. She is now a sophomore at Tech full time. She's doing a work-study program as an engineering lab assistant. If her family is forced to move, they will not be able to afford her college education. We have many concerns, but they boil down to two main points. The first is that Crescent Mobile Partners' plans and Leesburg Town Plan neither include nor protect Leesburg Mobile Park. The second is that the residents have not received clear and timely information regarding the sale. At the October 13 neighborhood meeting, Mayor Burk started by giving a context and background for the sale. She said, "One of the partners was a schoolmate of my son's and I reached out to talk to him about their plans. It became very apparent that his plans were not compatible with our plans." What exactly are Crescent Mobile Partners' Plans and what are the Town of Leesburg's plans? According to the Loudoun Times-Mirror in an October 5th article, Mayor Burk said, "I would guess he's not going to keep it as a trailer park." We learned at the Town Council Work Session last night that the purchaser has requested a pre -application meeting through a Department of Plan Review meeting, which indicates an interest in redevelopment under by -right zoning scenario. There's also been some controversy as to whether or not that meeting is open to the public. The Legacy Leesburg Town Plan shows a redevelopment concept sketch of the Crescent Design District and in place of our homes it shows townhomes and two over two buildings. The Code of Virginia 15.2-2223.5 also known as House Bill 2175 says that a locality shall corporate into its comprehensive plan strategies to promote manufactured housing as a source of affordable housing. Such strategies may include the preservation of existing manufactured housing communities or the creation of new manufactured housing, manufactured home communities or subdivisions. There's proposed language to the Leesburg Town Plan to address this law, however it is insufficient. It says, "The Town seeks to have affordable housing lost as a result of redevelopment activities replaced with other affordable housing serving comparable price points. Manufactured housing can also be considered in other locations in the Town." However, this is not correct. Per phone conversations and emails and information from the Department of Planning and Zoning, there is no zoning option for mobile home anywhere in the Leesburg Town Ordinance. Leesburg Mobile Park is a legal nonconformity and there is nowhere else in Leesburg for us to live in our homes legally. The Crescent Design lists four approved residential uses on the top right there. None of those four include a mobile home. We also learned last night at the Town Council Work Session, the Staff report said, "For the residents of the Mobile Home Park, housing affordability may well be below the base minimum 30% AMI that the ordinance requires. The Zoning Ordinance does not require that the deeper affordability needs of the residents of the mobile home park be addressed. This is unsatisfactory. Any solution that would involve redevelopment would cause massive direct disruption to the community and heavy financial losses as most of our homes have been paid for in full." How can we or anyone else find affordable housing if the Town of Leesburg will not address our needs? We have not received clear and timely information regarding the sale. I sent an email to the Town Council and received the following reply from Mayor Burk on September 8th. She said, "I've spoken in detail with the purchaser and he recognizes the need to provide affordable housing and whatever the project looks like. He also stated that he does not intend to do anything for the next two to three years." Page 31 October 26, 2021 We'd like to know what exactly is that project. What is appropriate development there that has an affordable component? We learned last night how the Town of Leesburg defines affordable or rather how the County defines affordable as 30% to 70% of AMI, but we'd like to know how the perspective purchaser defines affordable. What guarantee if any do we have that the new developer will not do anything for two to three years? A resident received the following reply from Council Member Cummings on the September 21st. He said he is speaking with affordable housing developers on potential solutions to this issue. Why would Council Member Cummings need to speak with affordable housing developers unless there was a plan to displace the residents? At the end of the petitioner section at the September 14th Town Council meeting Mayor Burk said, "Right before I came into the meeting I received a letter, a copy of the letter that all the residents are going to be receiving." That letter was also quoted in the September 15th article from Loudoun Now. However, we the homeowners did not receive it until September 20th. Why was there such a delay before we received that information? Crescent Mobile Partners has not been promoting open communication. The return address is a P.O. Box, they did not provide a contact phone number, their email address wasn't working for several weeks. They have not responded to any of our emails or a letter that we mailed to them. A Google search does not show any results for a company with that name and no one besides Town or County officials have been able to contact them. At the October 13th neighborhood meeting when asked about the non -working email address Mayor Burk said, "It has been corrected. Let me know if it doesn't work and I 'll let him know." It doesn't feel like clear communication if we have to go through someone else to contact Crescent Mobile Partners. The letter that we received from Leesburg Mobile Park dated August 3rd and was dated August 3rd yet Crescent Mobile Partners from their LLC on September 8th. Is it normal for a business to enter in a contract with a company that does not officially exist? On September 23rd and 24th, we noticed people in our neighborhood for several hours. There were two men with what appeared to be survey equipment and two ladies, one was writing information on a clipboard, the other was taking pictures on her phone. You can see here she's several feet into the residence driveway right next to their car. It is extremely disconcerting to know that there are strangers walking in our driveways taking pictures of our homes. Is this standard business practice? Is this legal? When asked what they were doing, the women told the resident that the owner of this land sent them. We'd like an explanation. There's been lots of media coverage and a lot of attention as to the situation in Leesburg Mobile Park. Our additional question is in the letter that we received from the current owner it said that we had 60 days from receipt of that notice to provide a counter offer. That includes 25% or more of the current residents. If we are able to raise that money, can that 60 day deadline be extended? If so, how? To be clear, our goals are to stay in the homes that we own on the current property with no increase in rent or significant changes to the current lease terms. We'd also like a promise of no future redevelopment of Leesburg Mobile Park. Our objectives and what we are asking the Town Council tonight is to make a text amendment to the Leesburg Zoning Ordinance to allow manufactured homes as a permitted use in the Crescent District. We'd also like a commitment from the Town to preserve Leesburg Mobile Park by no future rezoning. We'd also ask that you would amend the Town plan to include Leesburg Mobile Park. In conclusion a company would not spend $11 million unless they had a clear business plan and concrete detailed intentions. It's obvious that the Town of Leesburg and Crescent Mobile Partners have plans to redevelop the land that we live on but we would like to stay in our homes. We are not asking you to interfere or to stop a private sale, we're asking you to prevent redevelopment that would have severe long-lasting adverse effects on your constituents and to protect a vulnerable working class community in need. Page 4 1 October 26, 2021 Mayor Burk's own website says that she will ensure that any development will benefit the taxpayers as well as promote transparent and honest local government. We are asking you to keep these promises and to help us with our neighborhood. Thank you for your time. Mayor Burk: Thank you very much Ms. Taylor. Any questions from anybody? [applause] Mayor Burk: The next item on our agenda is the petitioner section. One of the first orders of business is to hear from the public. All members of the public are welcome to address the Council on any item matter or issue. Please identify yourself and if comfortable doing so, give your address for the taped record. It is important that you spell your names for the closed captioning, so please be sure to state your name and spell it for the purpose of closed captioning. In the interest of fairness we also ask that you observe three minute time limit. The a green light on the timer will turn yellow at the end of two minutes indicating you have one minute remaining. At that time we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council, the three -minute time limit applies to all. The first person that signed up to speak is Vicente Gonzalez followed by Jose Monroe. Vicente Gonzales: My name is Vicente Gonzales, V -I -C -E -N -T -E G -O -N -Z -A -L -E -Z. It's good seeing you guys again. I want to thank you guys for the few of you guys that they came to the park and had a conversation with us. I also thank you for all the things you guys brought up last night. I came here a couple of weeks back asking you guys to fight for us. Thank you for at least putting the intention into it. I appreciate that. Today we'll be presenting a couple of questions that my community has for you guys. If you don't mind writing them down and maybe finding out the answer for us. The question that I'm presenting is the Crescent Mobile Partners is an intriguing name. Is it simply a coincidence that it has the same name as the Crescent District? Also, does the word mobile mean they are only dealing with mobile home parks? Partners is a plural word that implies more than one person, likely several people, who are they? As of now we only know one of the owners of the company. If you guys could find out for us it'd be awesome. As I mentioned I also want to say thank you, the steps from the beginning till now shows that you guys are trying. Also last night I think we came to the agreement you guys will try to set up a form of communication for information. If you guys could pressure on that. Lastly, when you guys came to the park I asked if you could pressure the potential buyer to meet with us. If you guys could continue to pressure him for that, I think it would be very important if we at least saw who are the people in the mobile homes. To him I'm sure it's just a number. He sees what a number, how much he can make and that's all it is to him, but obviously, it's families. If you could pressure him to at least come out to the park or sit down with a couple of us who are on the directiva, which is like a committee. Thank you for your time and hopefully we find out more information. Mayor Burk: Thank you Mr. Gonzalez. Jose Monroy followed by Adela Ugarte. Jose Monroy: Hi, my name is Jose Monroy. Jose, J -O -S -E. Monroy. M -O -N -R -O -Y. I'm just going to say, the Virginia code 15.22223.5 cite, during an amendment of localities compressive plan after July 1S', 2021 the localities should incorporate into its comprehensive plan the strategies to promote manufactured housing as a source of affordable housing. Such strategies may include the preservation of existing manufactured housing communities. Second, the creation of new manufactured home communities entail the creation of new manufactured home subdivisions. My first question. How will the Town of Leesburg preserve Leesburg Mobile Park and existing manufactured housing communities? Second, will the Town of Leesburg create new manufactured house communities or subdivisions? Thank you for your time. Page 51 October 26, 2021 Mayor Burk: Thank you. Adela Ugarte followed by Mirna. I'm going to mess this one up, Echeverrya. Was that close? Adela Ugarte: Yes. Mayor Burk: Okay. Adela Ugarte: Goodnight, everybody. Mayor Burk: Could you get closer to the microphone? Adela Ugarte: Okay. Good afternoon or whatever it is. It's day or night wherever. Okay. I want to ask you some questions. Has any other residents or business owners in the Crescent District received any similar letter from Crescent Mobile Partners or another company attempting to purchase the property? Or is Leesburg Mobile Park the only one? [silence] [inaudible] [Spanish language] Translator: The question is what Leesburg's Mobile Park actual current real estate market value? Has it been assessed by a neutral, unbiased third party? If so, when and by whom? That was another one. I'm going to say it in Spanish. Adela Ugarte: [Spanish language] Translator: She's going to read it in Spanish, the other question that I just said in English. Adela Ugarte: [Spanish language] Translator: The first question was what is Leesburg Mobile Park actual current real estate market value? Has it been assessed by a neutral, unbiased third party? If so, when and by whom? Has any other resident or business owner in the Crescent District received a similar letter from Crescent Mobile Partners or another company attempting to purchase their property or Leesburg Mobile Park is the only one? Adela Ugarte: Thank you. Mayor Burk: Thank you. Mirna is followed by Maria Garcia. Mirna Echeverrya: [Spanish language] Translator: Good evening. My name is Mirna Echeverria, last name is spelled E -C -H -E -V -E -R -R -Y -A. Mirna Echeverrya: [Spanish language] Translator: The third paragraph of the Crescent Mobile Park says- Mirna Echeverrya: [Spanish language] Translator: We are in the process-- [Spanish language] Mirna Echeverrya: [Spanish language] Translator: [Spanish language] Page 6 October 26, 2021 Mirna Echeverrya: [Spanish language] Translator: Thank you. Okay. Now, we are still in the process of conducting our due diligence in inspections- Mirna Echeverrya: [Spanish language] Translator: -of reviewing proper documentation and we determine our eventual intentions for the mobile home park. Mirna Echeverrya: [Spanish language] Translator: What do these inspections involve? Mirna Echeverrya: [Spanish language] Translator: Where will be inspecting houses, yards, or the common areas of the property? Mirna Echeverrya: [Spanish language] Translator: Where will these inspections occur? Mirna Echeverrya: [Spanish language] Translator: What proper documentation are they referring to? Mirna Echeverrya: [Spanish language] Translator: What are the possible intentions? Mirna Echeverrya: Gracias. Thank you. Mayor Burk: Gracias. Maria is followed by-- No Maria's next, Garcia followed by Vicente Lopez. [background conversation] Maria Garcia: [Spanish language] Translator: The first paragraph of the letter from Crescent Mobile Partner states, should you have any questions concerning either the notice from the current owner or this letter, please contact the undersigned. My question is, is this legal and/or normal that we should direct all communications to a prospective purchaser or not through the current property manager? Maria Garcia: [Spanish language] Translator: Thank you for listening to me. Mayor Burk: Gracias. Vincente Lopez followed by Cesar Frias. Vincente Gonzalez: [Spanish language] Vincente Gonzalez [Spanish language] Translator: Good evening. My name is Vincente Gonzalez, G -O -N -Z -A -L -E -Z. The letter from the prospective purchaser was addressed with our names and addresses on the envelope. No simple owner or tenant and the address. The label is identical to the one from the letter from Ashby Gap Property Management. How did the Crescent Mobile Partners obtain our names? Is it legal and/or normal for a potential buyer to have that information? Page 7 1 October 26, 2021 Vincent Gonzalez: [Spanish language] Translator: Thank you for listening and God bless [unintelligible]. Mayor Burk: Gracias. Cesar followed by Isamar Ortega. Cesar Frias: Good evening. My name is Cesar Frias, C -E -S -A -R F -R -I -A -S. I got two questions. Leesburg Mobile Park has a history of unique zoning, but has never actually been zoned for mobile homes. Per the October 25 Town Council Work Session Staff Report, Leesburg Mobile Park has always been a legal nonconformity. Why was it never zoned correctly? When the property was changed from B2 business corridor commercial district to its current zoning Crescent Design District residency [unintelligible] in 2013, why weren't homeowners notified? According to Virginia State Corporation Commission Clerks Information System website cis.sec.virginia.gov the address for Crescent Mobile Partners is 44345 Premier Plaza, Suite 120, Ashburn. This is the same address as DSP Real Estate Capital. How is the DSP Real Estate Capital connected to Crescent Mobile Partners? Thank you. Mayor Burk: Thank you. Ms. Ortega followed by Jose Coca. Isamar Ortega: [Spanish language] Translator: At the Town Council Work Session last night, the staff recommendation was for the Town to be contacted for information for the residents of Leesburg Mobile Park. The Town Attorney even said, "The highest and best role of the Town is to be the central source of information." Does this mean residents will be receiving information about Leesburg Mobile Park directly from the Town instead of the property owner? Could you please clarify this? Mayor Burk: Thank you. Jose Coca followed by Julie Bolthouse. Jose Coca: My name is Jose [unintelligible 00:33:28] My question has already - Mayor Burk: I need you to come to the microphone. I'm sorry. It's so that we can get you on the record. Jose Coca: Good evening. My name is Jose Coca but my question has already read with Mirna Echeverrya so I pass. Mayor Burk: Oh, thank you. Thank you very much. Julie Bolthouse followed by Isabel Gonzalez. Julie Bolthouse: Good evening, my name is Julie Bolthouse, J -U -L -I -E B -O -L -T -H -O -U -S -E. First, I want to thank you for all that you have done and continue to try to do to rectify the situation. I understand there's no easy answer and that no one is happy about what's going on. Over the last couple of decades, working-class families moved into this mobile home park as one of the few affordable housing options in Town. Arguably, these families have enhanced the assets within the community by making repairs and adding additions, decks, and landscaping. Unfortunately, these are the very same things that have made it so difficult for these homes to be moved. The good condition of the community makes it all that much more absurd to see it demolished. Although I agree with the members of the Council that the Town should prepare for the worst and not breed false hope, I do want to point out a few things. The Crescent Design District is a complicated form based code. By -right development within the Crescent Design District must meet site requirement, building type specifications, building material requirements, and streetscape requirements. Modifications to these requirements require a special exception. The use area allows townhouses multifamily, with a maximum density of 12 units per acre and maximum height of three stories. Additional uses, types, heights and density may be approved through a rezoning. My point in all of that is that it is Page 8 I October 26, 2021 unlikely the applicant will choose to develop the site by -right without any modification requests. If the applicant does decide not to pursue the development, the Town should consider a mobile home park zoning on this land or some other zoning that would allow for nonprofits to own and manage the site. For the Town to do that though, they must change the comprehensive plan to be consistent with that. Spot zoning is rather complicated, but one of the key considerations is if the zoning is consistent with the comprehensive plan and if the change results in a genuine benefit to the public interest. The alternative option of moving the community to a new location within Leesburg would at least help to keep the community together and the children in the home school Catoctin where my children attend as well. This would require a significant investment from the Town/County nonprofits though as the trailers cannot be easily moved and new houses would probably have to be built. I understood from the discussion last night that the staff had some trepidation about the solution conflicting with the existing zoning and the consolidation of poverty. I understand why the Town has zoning language that prohibits consolidation of new affordable housing. However, this is a different scenario where residents have located in the community by choice. The area has not been plagued with crime or drug use and the houses are not in substandard condition. It is a community that has formed cultural ties and friendships. I continue to encourage you to pursue all options and integrate into our comprehensive plan a clear plan for maintaining and enhancing affordable housing stock including the Leesburg Mobile Home Park. Thank you. Mayor Burk: Thank you. Thank you, Ms. Bolthouse. Isabel Gonzalez followed by Angie Kollman. Is Isabel Gonzalez here? Is Isabel here? Am I saying the last name wrong? We'll come back to that. Angie Kollman followed by Americo Lopez. Angie Kollman: Okay. That's a hard one to follow. I don't have all the facts. Thanks for having me. My name is Angie Kollman, A -N -G -I -E K -O -L -L -M -A -N. I live in the Town of Leesburg. I also have two children that go to Catoctin Elementary. I'm on the PTA board there, and I'm also a fourth -grade teacher at a small private school in Leesburg. I'm here today to speak in support of the residents of the Leesburg Mobile Park. Many parents and staff at Catoctin are concerned about the families of Leesburg Mobile Park and the negative impact losing the park will have on their children. As I said, I'm a teacher, so I'm speaking personally here. It's hard for students to be successful at school when they are dealing with stress at home. It affects their ability to focus, learn, and form important relationships with friends and teachers. The uncertainty of losing a home and a whole community can have a long-lasting impact on a child's social, emotional, and academic development. Many of the mobile park's children are also English language learners and adding the threat of home insecurity widens the gap in their ability to have academic success in school. I think that's important to keep in mind. Also, dislocating the residents by allowing the buyer to redevelop the property sets a bad example for our own kids and the future of our Town. When I brought my son with me to the Q&A at the Leesburg Mobile Park, he found a bunch of friends he was running around and playing with. He asked me afterwards, "Why would they take, I'll say A's, home away?" I explained that someone bought the property who may want to build something new there. He said, "How can they do that? That's just not right." I think we forget sometimes what is important in life and the unfairness of it all until we see it through the eyes of a child. We get carried away with ideas of growth, progress, development, property values, wanting more and more bigger, better, and we lose sight of what we should really value. We forget that these are actual families here, they're not numbers on paper. The decisions and the actions that we take today will impact how future generations participate in the world around them. I love Leesburg and I know that we were better than this. Last, I'd like you to consider your plans for relocating families to other affordable housing units in Leesburg. I don't believe that this is a acceptable solution. Moving families to other affordable housing units does not replace their community. It's not just about the individual homes here that are at stake. Page 9 1 October 26, 2021 It's about the community as a whole. If we allow Leesburg Mobile Park to be redeveloped, these families will be displaced. The park provides a place where families of low income can have dignified lives, supporting themselves through hard work and cooperation with neighbors and friends. Not only will we lose valuable members of our workforce, we will lose an entire community. Mayor Burk: Thank you, Ms. Kollman. I appreciate it. Thank you very much. Americo Lopez. Americo Lopez: Good evening. Before I start, I just want to thank you, everybody. I know we've been giving you a hard time, but I'm pretty sure there's going to be a solution for all this. We are going to be having better times. My name is Americo Lopez, A -M -E -R -I -C -O L -O -P -E -Z. Mayor Burk: Thank you. Americo Lopez: We have a question for you because the Town Council shared last night at the work session that there is a pre -application meeting scheduled for October 28 with the Department of Plan Review and the purchaser. There has been confusion as to whether or not it will in fact be open to the public. Who exactly is scheduled to attend to this meeting? If one of the Council Members is going to be attending, would that count as a public official? Why it's not being public this meeting since we are actually here? Could some of us attend? Because as the last night we remember-- no, I don't remember her name. I think it was Susan. She was asked two times and she said any of us can attend and she said yes but we have just received a letter, which says that I don't think it's going to be open to the public. As a member of this community and a member of this Leesburg Mobile Home Park, I think we've got to be informed very well to what's going on. What's the purpose? I don't think there's nothing to hide over here. Any of the plans that are coming up, eventually we will know from one way or another. What we're asking is I think we got to be very clear over here in what they want and what we got to deal with this. That's why we always ask your help over here. If there's a way that we know what's going on. If there's no one can attend to this meeting, there's a way that somebody can put us all the information [unintelligible] we can go, that's going to be televised or anything like that. We are going to be waiting for that answer, please. Thank you very much for all your help. Mayor Burk: Thank you, Mr. Lopez. Is there anybody in the audience that did not sign up that would like to have the opportunity to speak at this point? Yes, ma'am. Hello, Ms. Bingol, it's been a long time. Gem Bingol: Yes, it sure has. Good evening, Mayor Burk, and Members of the Council. My name is Gem Bingol, and I work for the Piedmont Environmental Council. I live in the Town of Leesburg at 1508 Shields Terrace. I have to say, it's very obvious the residents of the Leesburg Mobile Home Park are in crisis, and this is a very difficult situation for everyone. The impending sale appears destined to dissolve an affordable neighborhood where residents have established a strong sense of community, have invested in their homes, and it's rendering those investments largely worthless. From a larger policy perspective, the residents' crisis presents a critical issue for the Town of Leesburg and the County. What and how can local governments and our zoning do to protect existing affordable housing as an element of the responsibility you have to protect public health, safety and welfare, and what can be done to ensure that more affordable housing is developed? As affordable housing policies have been inadequate for too long, we all need to invest the time and effort to better understand Town plan policy strengths and weaknesses, past failures, and potential solutions that may lie ahead. I speak to you tonight to urge you to consider what Leesburg must do to ensure that we maintain an existing, affordable housing stock and ensure that a larger percentage of our housing is affordable going forward. Affordable housing doesn't just happen as part of the development process. It takes partnerships and community investment and the will to make it happen. Leesburg and Sterling have a higher percentage of affordable housing than most areas of the County, so the preservation here is critical, and the loss of this neighborhood is a significant blow to that inventory. Page 10 October 26, 2021 The Town should look to partner with existing landowners who would be amenable to adding an affordable housing component on their property. There could be opportunities to partner during the development process to reserve a portion of development sites as a proffer, to permit an affordable housing component controlled by the Town with a plan for how to use it spelled out in Town policies. The towns, Leesburg and others, are actually great locations for affordable housing because they have the infrastructure to support those affordable communities. There are small tracks of land in Town where zoning might be considered to allow small footprint, tiny homes, which are probably not very different from the size of the homes in the Leesburg Mobile Home Park, but that's the new name for it. Mayor Burk: Ms. Bingol, can you -- Gem Bingol: Yes, I will wrap up. I think there's more you can do than to just spot zone this. There are plenty of places to consider this type of zoning. I hope you will think creatively to see what Leesburg can do to encourage more affordable housing with the new Town policies and updates to the zoning ordinance. Thank you. Mayor Burk: Thank you. Is there anyone else that didn't sign up that would like to have the opportunity to speak at this point? If not, I will close the public hearing. Pardon me? Christopher Spera: Not a public hearing. Mayor Burk: Petitioner section. Thank you. Mr. Town Manager, I think this is going to be our first challenge of communications. We've been asked a number of questions and the residents would like some answers, so we need to figure out a way to make this work, that we can get the information back to them. All right? Okay. Thank you all very much. We will continue on trying to work with this. As we talked about yesterday, this is most certainly a high priority that we're trying to do all that we can to help the situation that you're in right now. Thank you all very much for coming out. Thank you for being so polite and respectful. Our next item is approval of the consent agenda. I'm going to read the items on the consent agenda and then ask for a motion and a second, and if anybody wants anything removed. Do I have a motion to approve? Vice Mayor Martinez, second? Seconded by Council Member Steinberg. The items are Hosting Agreement with Earth Networks, Inc. 12 B is Sponsoring Coordinating Contracts Award. C is Town Shop Expansion and Refurbishing Capital Improvement Project. D is the Airport Maintenance Storage Facility. E is the Approved Purchase of 16 Wirt Street. F is appointing James Garofalo to the Commission on Public Arts. G is the motion to Approve the Mason Enterprise Center 10th Anniversary Proclamation. We've got any items that anybody wants removed at this point? Council Member Steinberg: [inaudible] Mayor Burk: All right. Any other item? Okay. All in favor of B, C, D, E, F, and G indicate by saying aye. Members: Aye. Mayor Burk: Opposed? All right. Mr. Steinberg, you had a problem? Council Member Steinberg: No, ma'am. I don't have a problem. Why would you ask me that? No. Item A is a very interesting item. I know Mr. Seymour has an interesting perspective on it. It's an opportunity for the Town. I did have a technical question. He has a very brief presentation, which I think would be good for the public and so we'll let him go. Mayor Burk: Do other members want to have a presentation from Mr. Seymour? All right, Mr. Seymour. Russell Seymour: Well, good evening, Madam Mayor, Members of Council. I promise it's three slides. You're looking at the first, so we're okay. Just to answer some questions, this is the actual hosting agreement. We're talking about putting it on an existing pole that is right off where we are sitting here this evening on the top floor of our building. You can see that with the diamond or the star indicates the Page 11 1 October 26, 2021 approximate location up by our air conditioning handling units on the roof. The other two pictures to the right of that show the actual antenna, where this facility or where this camera would go. The last picture I have, these are the types of cameras that we're looking at. To give you an idea, if you look at the picture on the right, it has that upside-down U that comes down with a 360 -degree camera. I'm told it's very lightweight, you can hold it in your hand. It is something that would attach to that existing poll. IT has met with us several times. I know there was a question with regards to capacity. That was answered about 15 minutes ago. Everything is settled, it is not going to be an issue. The County and the Town, I should say in this case, has a one -gigabyte line that services this area that we're capable of. At most, the maximum is when they actually go to video, and you're looking at a five -megabyte usage in that case. Otherwise, we're talking kilobytes, that would be for normal time. It won't be an issue for that. I think, Mr. Steinberg, those are your questions if I'm correct. Council Member Steinberg: They were indeed, yes. I'd just like to say as Mr. Seymour presented to me this afternoon, it is an opportunity for the Town to get its name mentioned from time to time on television, as we get to look at pretty pictures of the sky and the weather forecasting. I have absolutely no problem with the contract. I just had the one technical question. Thanks. Mayor Burk: Ms. Fox. Council Member Suzanne Fox: Thanks. I just want to know, is the camera solely for weather? Russell Seymour: Actually, the Town will have access to any of the live feeds. They will film it on a continuous basis. I'm sorry, they will take photographs on a continuous basis. If we needed to have it, say if we wanted to have shots of a particular event if it was capable. We really won't know a lot of that until it actually gets set up, but the Town will have access to all video feeds at our disposal. Council Member Fox: Okay. Thanks. Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: Mr. Seymour, just a quick question. Is Earth Networks, was that formerly known as WeatherBug? Do you recall that? Russell Seymour: That I don't know. I know this is a company that is a very large company that works with ABC News, and that's who's going to be putting this up. Council Member Bagdasarian: Okay. Thank you. Mayor Burk: Mr. Steinberg, would you like to make a motion? Council Member Steinberg: Yes, I move that we accept item A that was on the consent agenda and approve it. Mayor Burk: Second? Council Member Bagdasarian: Second. Mayor Burk: Council Member Bagdasarian. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Council Member Fox: Nay. Page 12 I October 26, 2021 Mayor Burk: That is 6-1. The next thing is resolutions Lassiter Way Alley Niche Murals. Moved by Vice Mayor Martinez. Second? Council Member Cummings: Second. Mayor Burk: Seconded by Council Member Cummings. Is there any discussion on this? All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Council Member Fox: Abstain. Mayor Burk: 6-0-1. Initiating a Zoning Ordinance Amendment for Homestays. This is to initiate it. It's to initiate. Do I have a motion? Council Member Bagdasarian: So moved. Mayor Burk: Moved by Council Member Bagdasarian. Second? Council Member Nacy: Second. Mayor Burk: By Council Member Nacy. All in favor, indicate by saying aye. Oh, did you have a question? Council Member Cummings: I just had a -- Mayor Burk: I'm sorry. Council Member Cummings: That's all right. Mayor Burk: Go ahead. Council Member Cummings: I wanted to see if I can add two minor amendments to the amendments. Mayor Burk: Well, we're not approving the amendments right now. Council Member Cummings: Let's go forward to the -- Mayor Burk: You want to have the consideration because there's other things that I think others of us are going to put forward also. You may most certainly go ahead and put forward what you like. Council Member Cummings: Okay. Thank you. I'd like to add to this, the initiation of these amendments to eliminate the requirement of the 180 days of staying in a home at a homestay. Then also cap the number of homestay license given to 25 in the Town of Leesburg. Mayor Burk: Mr. Bagdasarian, you made the motion. Do you consider this a friendly — Council Member Bagdasarian: Yes. Mayor Burk: Ms. Nacy. Sorry. Council Member Nacy: Yes. Mayor Burk: All in favor? Yes, sir. Page 13 I October 26, 2021 Council Member Steinberg: I wonder if Mr. Cummings could explain the rationale for the 25 number, the cap of 25. Mayor Burk: Go ahead. Council Member Cummings: Thank you. Well, in doing some of my own research, I saw other communities that are struggling with this issue and trying to both balance neighborhoods and residents' concerns versus the business angle because, in my opinion, it's not a zoning issue, it's a business issue. We've had 4 I think folks apply to date and as we promote this more and loosen some of the zoning regulations that are in place while keeping the zoning regulations to protect our residents, I think 25 at this point is a good number to have. Again, we're only talking about Historic District, non-HOA areas because HOA ruling rules across Virginia limit homestay availability for their owners. Council Member Steinberg: I guess what I'm trying to say is if you cap it, are you saying after the 25th that there would be no more permissible homestay situations allowed? Mayor Burk: Well, that's what will end up being discussed. He is asking for it to be added to it, staff will bring it all back, and we will have that discussion when they bring it back. Mr. Martinez? Vice Mayor Martinez: Well, I would also like consideration be done that with every homestay application or every homestay permit, that part of the requirements would be to notify all neighbors within say a block of the homestay resident and that as they notify them, they pass out information, contact information for the owner of the property and somebody from Town that they can contact in case there are issues with the homestay application or with the homestay. Mayor Burk: Do you accept that? Council Member Bagdasarian: Yes. Mayor Burk: Nacy? All right. Anybody else at this point? All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Members: Nay. Mayor Burk: That is 5-2, with Mr. Steinberg and myself opposing. We have a public hearing. Let me get my public hearing page open. I call to order this October 261h Public Hearing of Leesburg Town Council. Unless there is an objection, I will dispense with the reading of the advertisement. If you wish to speak, we ask you to either sign up on the sheet in the hallway outside of Council Chamber, but if you don't get the opportunity to sign up, we'll give you the opportunity to speak. In the interest of fairness, we also ask you to 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 your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all. However, rather than have numerous citizens present remarks on behalf of the group, 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 the 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 the item before us. Second, members of the public that have signed up to speak will be called and given five minutes to make their comments. The public hearing item on the agenda is the Town Code "Batch" Amendments. [silence] Page 14 I October 26, 2021 Christine Newton: Good evening, Madam Mayor, Members of the Council. Mayor Burk: Good evening. Christine Newton: I'm Christine Newton, the Deputy Town Attorney. I'm going to be presenting the batch amendments this evening, and I'm going to quickly run through a high-level view here, but I do have our subject matter staff for further details if you have additional questions. As you all know, the Town undertakes batch amendments periodically. The focus of this batch is the majority concerns addressing issues that were identified by staff and we have some significant number of conforming and clarifying amendments. The affected chapters are Chapter 22 dealing with nuisances, Chapter 28 for solid waste collection, Chapter 32 for traffic and parking violations, and Chapter 30 for real property addressing. I'll be covering these by department, starting with Public Works. Public Works amendments fall into three categories, nuisance vegetation, trash collection, and dumping. We have a single amendment for Chapter 22, that's a substantive change to the Town's notice requirements for violations of the nuisance vegetation provisions in Section 22-11B. What this would provide for is a single notification for repeated Town abatement efforts during a single growing season and that's authorized specifically by the State Code. We have multiple amendments to Chapter 28. These are generally clarifying and conforming changes. We are clarifying who is responsible for violations, particularly in common areas. We are clarifying that all non-residential properties are treated in like manner. We're cross-referencing in noise ordinance provision where it's necessary for consistency. We're making a number of clarifications on logistical collection issues such as container requirements, brush collection rules, and scheduling and placement for bulk collection. The final amendment for the Department of Public Works is to Section 28-, that's actually 38. This is the dumping provision. This is a substantive change to comply with a new State Code amendment to raise the minimum fine for violation from $250 to $500. Moving on to the Police Department, we have three groups of amendments. Some housekeeping amendments to the general penalty provisions, two, propose new traffic violations, three, new parking violations, and some adjustments to existing parking rules. On sections 32-12 and 32-63, that was prescribed default categorizations for violations and they make the default misdemeanor unless it's otherwise prescribed. For consistency with State Code, we are proposing an amendment that would set all violations as traffic infractions unless they're otherwise specified. We have two new traffic violations addressing areas that are not currently covered by the Town Code. The first one is a proposed amendment to create a new section 32-118. Operator to give full time and attention to driving. This would give officers an appropriate charge for improper driving behavior that does not rise to the level of reckless driving, and it would specifically be useful on the prosecution side of enforcement for the new State Code section that prohibits the use of handheld devices while driving. Our second proposed traffic violation would create a new proposed section 32-135 prohibiting blocking intersections and crosswalks. This would allow for more specific enforcement under a Town ordinance as opposed to relying on the general section of the State Code as the police currently do. Then moving on to parking, we have three proposed new parking violations, all would be new subsections to section 32-141. These would prohibit parking in front of someone else's mailbox, nose in parking where the parking is supposed to be parallel, and parking too far from the curb. Then we have two sets of adjustments to current parking violations. Both are in Section 32-143, subsection A would change the length of time for certain private vehicles to be parked on Town streets from 7 days to 10 days. The affected vehicles are listed here, they're watercraft, boat trailers, motorhomes, and camping trailers. The purpose of this amendment would be to provide a consistent timeframe for towing vehicles to lend clarity and predictability to that process for the public because currently, we have some vehicles that can be towed after seven days, some that can't be towed until 10 days. Then the amendments to subsection B. Would change the manner of regulating parking for certain commercial vehicles. This only affects vehicles that are parked in areas that abut residential districts. Page 15 I October 26, 2021 Currently, we have a four-hour limitation and we would be changing that to a functional limitation so that the parking of these vehicles is prohibited unless they are in use for taking on or discharging passengers, or loading or unloading goods, or when the drivers are engaged in active performance of services at the property where the vehicle is parked. Some examples of the affected vehicles. This is a longer list, it's not exhaustive here, but examples are limousines, landscaping vehicles, tractor -trailers, heavy construction equipment. The goal here is to support enforcement because the current four-hour limitation has been hard to enforce. It's easy to circumvent by moving the vehicle slightly every four hours. Finally, for parking violations, we are reinstating a constitutionally permissible portion of the Town Code section that was repealed back in the summer. This would prohibit parking a vehicle from which merchandise is being sold, and it does contain an exception for food trucks, where they are permitted under the Zoning Ordinance. Moving on to Planning and Zoning. We have a lot of amendments to Chapter 30. The main purpose of these amendments is to introduce a secondary addressing system, and we also are in the process, doing some updating and reorganization, and providing a process for obtaining the addressing. The Town does not currently have a secondary addressing system for interior units in multi -unit buildings. Staff is recommending a codified system consistent with the Loudoun County system to achieve two broad goals, assisting public safety agencies in responding to emergency calls and reducing potential conflicts and difficulties for tenants or other unit owners when the building owner develops an unofficial internal addressing system. With that, ready for discussion or questions. Mayor Burk: You were prepared today. Christine Newton: Yes, ma'am. Mayor Burk: Are there any questions? Mr. Vice Mayor. Vice Mayor Martinez: On the Police changes for the intersection and crosswalk blockings, I'm assuming that applies for every road in the Town of Leesburg no matter who owns it. In other words, if VDOT owns a major highway or bypass, if VDOT owns it, as long as it's in the Leesburg, we have no problem enforcing it. Jaime Sanford: Yes, sir, we'll be able to enforce it in the Town of Leesburg. Vice Mayor Martinez: Thank you. That's all I have. Mayor Burk: Ms. Fox. Council Member Fox: I do have one, it's under the traffic violations full-time and attention. If I remember correctly when we discussed this before, you were talking about absolutely nothing can distract the driver, no texting, anything like that. You also went as far as food and drink. Is it true that you can't take a sip of water from a water bottle or can be an infraction? Jaime Sanford: This violation would be used to cite for traffic crashes that occur that basically, the driver was doing anything other than driving. Council Member Fox: Including. Jaime Sanford: It could be eating. It could be doing their makeup, as we've all probably seen on our commutes, reading a book, anything like that. Where maybe inexperience or the age of the driver, it doesn't raise to a level of reckless driving, that's currently the only thing that we can charge them with is reckless, and then ask the Judge to amend it when we get there. Council Member Fox: It's just basically for a follow-up to an accident. It's not if you see somebody in their car taking a sip of water. I wanted to make sure. Thank you. Page 16 1 October 26, 2021 Jaime Sanford: Thank you. Mayor Burk: Anyone else? All right. Yes. Council Member Steinberg: Thanks for the presentation, Christine. Affecting commercial vehicles abutting land that is zoned commercial. For example, I know Cardinal Park Drive, a lot of commercial vehicles park up along there and the perpendicular street, but the property directly abutting it has now become residential. How will that apply in that situation? Does that mean they will no longer be permitted to park commercial vehicles along Cardinal Park Drive as it abuts the residential? Christine Newton: I don't know that-- I am going to have to take a look at whether Cardinal Park itself is the boundary with the residential area as opposed to the residential area just a little bit further behind the commercial properties. Maybe our-- [unintelligible] Jaime Sanford: We'll have to consider how it's zoned right now and then we work with the Town Manager's office to address zoning issues where maybe the zoning needs to be reclassified. I know we just had to deal with this with a property where we implemented eight -hour parking only to eliminate them constantly parking commercial vehicles on the roadway in a residential area and not allowing for any residential traffic in the roadway basically. Council Member Steinberg: The point being that it's a fluid situation. Obviously, it could change things and the commercial drivers would have to be made aware. Jaime Sanford: Yes, sir. We would do that and work with the Town's office to ensure that that happens. Council Member Steinberg: Thank you. Mayor Burk: Questions? All right. Nobody has signed up for the public hearing. Is there anybody in the audience that would love to come up and speak on this issue? No? Okay. Then I will close this public hearing. Is there anything that we need to do in regard to this? Do you need a motion? Christine Newton: Yes, ma'am. We need a motion to approve the proposed ordinance or not. Vice Mayor Martinez: So moved. Council Member Nacy: I'll make a motion to approve the proposed ordinance. Vice Mayor Martinez: So moved to pass the proposed changes. Mayor Burk: Moved by Council Member Nacy and seconded by Vice Mayor Martinez. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That passes 7-0. Thank you very much. Christine Newton: Thank you. Mayor Burk: Council disclosures and comments. Let's start with Ms. Nacy. Council Member Nacy: No disclosures and no comments. Thank you. Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: Nothing. Thank you. Mayor Burk: Mr. Martinez. Page 17 I October 26, 2021 Vice Mayor Martinez: Yes, I would like to. We had a presentation last week or two weeks ago, about a multicultural type community center that was proposed by Coach Blue. I was wondering if I had enough people on Council to ask staff to look into some other options or proposed solutions on getting this done, or are you already working on it? Kaj Dentler: You just stated everything. Vice Mayor Martinez: On the presentation two weeks ago, about building a community center of sorts in the Town of Leesburg by Coach Blue, at the end, there were things that they wanted us to help them with. Kaj Dentler: Oh, I remember. I'm just trying to think of which presentation it was. I apologize. Vice Mayor Martinez: I'm just asking Council to have staff look into those options and what impact it would have on the Town. Kaj Dentler: I've taken no action at this time. Mayor Burk: The applicant has moved their consideration to the County, have they not? Kaj Dentler: I do not know. I've not had any communications with the presenter. Vice Mayor Martinez: I know they're taking the presentation to the County and asking the County too, but I just wanted to see what impact it would have on the Town. Mayor Burk: Are you asking for four votes to -- Vice Mayor Martinez: To have staff move it forward or at least look into it. Mayor Burk: Are there four votes that want to move forward from the presentation that was given to us the other day? Council Member Bagdasarian: I'd be interested in exploring the options, certainly, Marty, if that's what you're stating. Council Member Steinberg: It was an interesting presentation, but it's so broad and there were so many holes in it. I'm not even sure I understand where staff would begin without a lot more specific detail and having this whole proposal fleshed out. It seems to me that has to come from the applicant first before we direct staff to start exploring something that is such a broad proposal. Mayor Burk: Well, are there four votes to have staff go and research this further? There's two but not yet. Mr. Cummings, Mr. Steinberg, Ms. Fox. All right. I will start by welcoming the Reflections Senior Care on Market Street. It's a new senior housing for independent living and hospice care. We did a ribbon -cutting there, and the Patels are dedicated to providing services for some of our most needy residents. October 13th, I attended a service awards, congratulations to all the employees who were honored for their years of service. Ms. Nacy, and Council Member Mr. Cummings was also in attendance. In reality, we on Council should thank all the employees for the work they do day in and day out. They make us look good with their professionalism, their courtesy, and their expertise to solve problems. I want to thank all the employees and recognize the service awards in particular. On the 13th, I attended the community member meeting of the Leesburg Trailer Park and thanks to the Council Members Cummings, Steinberg, and Vice Mayor Martinez, for taking the time to attend this important meeting. We all tried to be honest and offer the residents the information that we had. This is not an ideal situation, and the solutions to the towns are difficult and few. Page 18 J October 26, 2021 Anyone's saying that we can change the zoning immediately to allow the park to stay, as I've seen written in the newspapers, does not know what they're talking about. We do not have the ability to do that. We're going to be reaching out to the County to get them involved in the housing issues and try to connect the programs that are in the County to help residents. While we all want to help the situation, we need to recognize that we are limited by State law as to what we can do. However, we are going to continue to help as many ways as we can. On October 14th, we went to Cool Springs Elementary to participate in their Kindness Event. What a great school with so many supportive parents and exciting young students who love their teachers and the administration in that school. On the 15th, we welcomed Mario Andretti to Leesburg. He was at the ribbon -cutting for the Virginia Tire & Auto Store. It was great fun talking to someone who lives and breathes cars. Marty, you would have just died with the cars that were there. I think there was one that was just like your father's. He was truly a delight, and the owners of the Virginia Tire & Auto were so welcoming and very excited to open their newest store in Leesburg. Grand Master Choi held his Kick Cancer Out of the World fundraiser. While I was not able to attend, I heard that it was a wonderful event. Grand Master Choi has been doing this for close to 30 years. I want to thank him for all this concern and his efforts. The same day, I was honored to participate in the traditional Tap the Keg for the Oktoberfest at the Doner Bistro. Every year, the Mayor of Munich and I open the celebrations for the traditional German Oktoberfest. The Mayor of Munich in Germany and I here in Leesburg. It's a long tradition and I'm proud that Timo and Nicole Winkler invite me to participate every year. On the 20th, Cub Scout Troop 982 came to the Town Hall for their community badge. We talked about the Mayor and the Council and what we do. Then we held a mock Town Council meeting and they replaced you and they did a great job. Everyone represented-- It was a very nice group of kids, very, very bright, interested young men. I want to thank Mr. Gerrity, their leader, for bringing them over. I joined Council Member Cummings at the Coldwell Bankers Realtors Heart Walk to raise money for the American Heart Association, and I owe you $20, I haven't forgotten. It was a fun group of people, including the Council Member, and it was very impressive the effort they made to raise this money. I also joined Vice -Chair Atoosa Reaser and the other elected in -school people to do the ribbon -cutting at the North Star School. Without a doubt, this is an impressive facility with very impressive administrative and staff. I wish everybody a very happy and safe Halloween. There are two downtown events for the kids. On October 30th, at 2:00 to 4:00, kids have been invited to come downtown with their parents and trick or treat. Over 60 businesses that are in downtown will have surprises for the kids. Of course, October 30th is the Halloween Parade. It starts at six o'clock, streets closes at 5:30. I hope everybody will come out and enjoy the festivities. Thank you all very much. Do you have any additional information? Kaj Dentler: I just have two comments. One is in reference to the earlier conversation about the Trailer Park or Mobile Home Park. You saw my email earlier today that I've already assigned Betsy Arnett, our Public Information Officer to serve as the conduit of information. We'll be reaching out immediately with the identified leaders of the community to get the conversation going, we've already been doing that, and then of course loop in the County with that. This second thing is tomorrow night, you have your Boards and Commissions Networking Event at Ida Lee in the lower level, starting at 6:00. Each commission chair in essence or spokesperson is given about three to five minutes to give an update on what they're doing. I hope that you're able to make it and see your boards and commission members. That's all I have. Thank you. Mayor Burk: Thank you. Do I have a motion to adjourn? Vice Mayor Martinez: So moved. Page 19 I October 26, 2021 Council Member Steinberg: Second. Mayor Burk: Moved by Vice Mayor, seconded by Council Member Steinberg. All in favor? Members: Aye. Mayor Burk: Opposed? Nobody's ever opposed. Okay. Thank you. Have a nice Halloween. Page 20 1 October 26, 2021