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HomeMy Public PortalAbout2022_tcmin0322 COUNCIL MEETING March 22, 2022 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 Marry 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 Finance and Administration Services Clark Case, Director of Planning and Zoning Susan Berry Hill, Director of Parks and Recreation Rich Williams, Director of Plan Review Bill Ackman, Director of Information Technology Jakub Jedrzejczak, Director of Utilities Amy Wyks, Economic Development Director Russell Seymour, Director of Public Works and Capital Projects Renee LaFollette, Director of the Thomas Balch Library Alexandra Gressitt, Airport Director Scott Coffman, Chief of Police Gregory Brown, Deputy Director and Treasurer of Finance and Administrative Services Lisa Haley, Management and Budget Officer Cole Fazenbaker, Senior Management Budget Analyst Holland Schellhase, Zoning Administrator Mike Watkins, Senior Planning Project Manager Scott Parker, Senior Planner Rich Klusek, Planning and Zoning Analyst Debi Parry, and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Fox. 3. SALUTE TO THE FLAG was led by Council Member Steinberg. 4. ROLL CALL a. All Council Members present. 5. MINUTES a. Budget Work Session Minutes of March 7, 2022 MOTION2022-052 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the minutes of the Budget Work Session of March 7, 2022, 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 March 8, 2022 MOTION2022-053 On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the minutes of the Regular Session of March 8, 2022, were moved for approval. 1 I Page COUNCIL MEETING March 22, 2022 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 MOTION 2022-054 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 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Recognition of Caroline Green and Michael Parsons Mayor Burk read the proclamation in recognition of Caroline Green and Michael Parsons and noted the proclamations would be given to them at a scheduled event. b. Keep Leesburg Beautiful Mayor Burk read the Keep Leesburg Beautiful proclamation and recognized Environmental Advisory Commission Chair Paul Sheaffer to accept the proclamation. Mr. Sheaffer made a few remarks. c. Medical Laboratory Professionals Week MOTION2022-055 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: I move that the Proclamation for Medical Laboratory Professionals Week be presented at the April 12, 2022, Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 2 j Page COUNCIL MEETING March 22, 2022 d. Child Abuse Prevention Month MOTION2022-056 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: I move that the Proclamation for Child Abuse Prevention Month be presented at the April 12, 2022, Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 9. PRESENTATIONS a. Environmental Advisory Commission 2021 Annual Report Environmental Advisory Commission Chair Paul Sheaffer delivered the Environmental Advisory Commission Annual Report. b. Board of Architectural Review—2021 Annual Report Immediate Past Chair of the Board of Architectural Review Teresa Minchew delivered the Board of Architectural Review Annual Report. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section was opened at 7:18 p.m. There were no Petitioners wishing to address Council. The Petitioner's Section was closed at 7:19 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2022-057 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the following consent agenda was proposed: a. 2022 Creative Community Partnership Grant RESOL UTION2022-032 Authorization to Apply for the Creative Community Partnership Grant through the Virginia Commission for the Arts and Providing for the Distribution of the Grant Funding and Town Matching Funds to Certain Independent Art Organizations 3 I Page COUNCIL MEETING March 22, 2022 b. Awarding the Audit Services Contract RESOLUTION2022-033 Awarding a Contract for Audit Services to Brown Edwards&Co., LLP c. Amendment to Hospital Tank Antenna Lease Agreement with Verizon Wireless RESOLUTION2022-034 Authorizing an Amendment to the Lease Agreement with Verizon Wireless for Telecommunication Antennas on the Town Hospital Tank 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. PUBLIC HEARINGS a. Amendments to the Department of Planning and Zoning Fee Schedule The Public Hearing was opened at 7:20 p.m. Zoning Administrator Michael Watkins presented proposed amendments to the Planning and Zoning fees listed in the Zoning Ordinance. Council and staff discussed the proposed amendments. The proposed fee amendments include: Minor Special Exceptions, Administrative Amendments to Special Exceptions, Public Hearing Signs, Proffer Determinations, Zoning Permits, Sign Permits, Temporary Use Permits, Home Occupations, Crescent District Review Fees and Zoning Modifications. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 7:28 p.m. MOTION2022-058 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed: ORDINANCE 2022-0-009 Amending and Readopting the Department of Planning and Zoning Fee Schedule 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 4 I Page COUNCIL MEETING March 22, 2022 b. 2022 Tax Rate and Fees Ordinance Adoption The Public Hearing was opened at 7:28 p.m. Management and Budget Officer Cole Fazenbaker presented to Council the proposed tax rate and fees for 2022. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 7:33 p.m. MOTION2022-059 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: ORDINANCE 2022-0-010 Setting the Real Taxable Property Rate and the Tax Rate for Certain Personal Property for Tax Year 2022;Amending Appendix B—Fee Schedule, Section 20-22 The motion set the tax rate at 17.74. The motion was approved by the following roll call vote(super majority): Fox—nay, Steinberg—aye, Cummings—aye, Vice Mayor Martinez—aye, Bagdasarian—aye, Nacy—aye, and Mayor Burk—aye Vote: 6-1 14. RESOLUTIONS /ORDINANCES / MOTIONS a. Fiscal Year 2023-2028 Capital Improvements Program MOTION2022-060 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: RESOLUTION2022-035 Adopting the Fiscal Year 2023-2028 Capital Improvements Program in the amount of $228,961,990 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 5 I Page COUNCIL MEETING March 22, 2022 b. Fiscal Year 2023 Budget Adoption MOTION2022-061 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: ORDINANCE 2022-0-011 Adopting the Budget for Fiscal Year 2023;Making Appropriations for Fiscal Year 2023 for the General Fund, Utilities Fund, and Capital Projects Fund;Establishing a Cost-of-Living Adjustment for Mayor and Town Council Compensation Equal to the Cost-of-Living Adjustment for Employees;Establishing a Capital Reserve in the amount of$2 Million from Fiscal Year 2021 Unassigned Fund Balance;Amending Council Approved Fiscal Policy to Exclude Revenue Generating Airport Projects from the 15% General Fund Expenditures Debt Limit;Authorizing Amendments to the Budget and Supplemental Appropriations by Council Resolution;and Authorizing and Directing the Town Manager to Take All Steps Necessary and Prudent to Effectuate the Implementation of the Ordinance The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 111 c. Legacy Leesburg Town Plan, TLTA-2021-0001 Mr. Rich Klusek advised Council that all requested changes are incorporated into the final draft of the Legacy Leesburg Town Plan. Council and staff discussed the Plan. MOTION2022-062 On a motion by Council Member Bagdasari an, seconded by Council Member Nacy, the following was proposed: RESOLUTION2022-036 Adopting TLTA-2021-0001, Legacy Leesburg Town Plan 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 d. Authorization of Zoning Ordinance Rewrite MOTION2022-063 On a motion by Council Member Cummings, seconded by Council Member Nacy, the following was proposed: 6 I Page COUNCIL MEETING March 22, 2022 RESOLUTION2022-037 Authorization to Direct Staff to Proceed with Work on the Zoning Ordinance Rewrite and to Prepare a Request for Proposals for Consulting Services 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 e. 2022 ArtsPARKs Sculptures at Raflo Park MOTION2022-064 On a motion by Council Member Cummings, seconded by Council Member Bagdasarian, the following was proposed: RESOLUTION2022-038 Approval of 2022 ArtsPARKs Sculptures at Raflo Park 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 Council Member Cummings disclosed he met with Mr. Peter Kalaris to discuss the Meadowbrook Farm commercial space. Council Member Steinberg disclosed he met with Mr. David Gregory to discuss the Graydon Manor proposal. Council Member Fox disclosed she met with Mr. David Gregory to discuss Graydon Manor. Vice Mayor Martinez disclosed he met with Ms. Molly Novotny to discuss the Lidl project. 71 Page COUNCIL MEETING March 22, 2022 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk requested a Work Session discussion regarding Mr. Asa Rusk's Golf Cart business and potentially expanding his service area. It was the consensus of Council to discuss this item at a future Work Session. Mayor Burk disclosed she met with Mr. David Gregory regarding his plans for Graydon Manor and with Ms. Molly Novotny regarding the Lidl project. Mayor Burk noted she had a Google Meet with the Tolbert Elementary third graders to talk about being the Mayor. Mayor Burk attended the swearing in ceremony and dinner for the new officers of the Loudoun County Rescue Squad. Mayor Burk attended the Bed and Breakfast Guild meeting at the Manor at Airmont where one of the topics was how Airbnb's impact their business and how to incorporate them into future planning. Mayor Burk participated in the ribbon cutting for the County's Workforce Center at its new location on Market Street. Mayor Burk toured the Douglas Community Center. Mayor Burk met with the residents of Spring Arbor where she was introduced by former State Senator Charlie Waddell. Mayor Burk thanked everyone who attended the Town's Ukrainian Vigil that was held on the Town Green. Mayor Burk added that she also attended the Ukrainian fundraiser hosted by the Rotary Club and noted that several other Council Members were in attendance. Mayor Burk added that she introduced the Frayed Knots and noted they are the best band on King Street. Mayor Burk attended the ribbon cutting for Initiative to Fitness and Plum Organics which are two businesses that expanded their businesses in Leesburg at Crescent Place. 19. TOWN MANAGER COMMENTS Mr. Dentler noted it was good to be back on the dais after such a long period at the staff table. Mr. Dentler congratulated Council on effectively and efficiently approving the budget which includes many long range and strategic items. He added that the passing of the Legacy Leesburg Town Plan and the rewrite of the Zoning Ordinance are also long range and strategic action and noted there is a lot of work ahead for staff as a result of these key approvals. Mr. Dentler thanked the Directors and staff for their work on the budget and especially noted the efforts of Mr. Fazenbaker in his first budget as the new budget officer. Mr. Dentler also publically recognized Ms. Susan Berry Hill for her years of service to the Town as she is retiring at the end of March. He noted the process to fill her position is well underway and anticipates a replacement to be named in the next 30 days. 20. CLOSED SESSION a. Pending Litigation/Annexation and/or a Boundary Line Agreement with respect to the JLMA MOTION 2022-065 On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was proposed: I move pursuant to sr 2.2-3711(A)(7)and sr 2.2-3711(A)(8)of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefings by staff members related to multiple pending cases including the following: Town of Leesburg et al v. Loudoun County et al, Loudoun County Circuit Court No. 19-1768 8 I Page COUNCIL MEETING March 22, 2022 and Graydon Manor, LLC. v. The Town of Leesburg, VA, Loudoun County Circuit Court Case No. CL21-4323 where such consultation in open session would adversely affect the negotiating or litigating posture of the Town;and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, and pertaining to a potential annexation and/or boundary line agreement with respect to the JLMA. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Council convened in a closed session at 8:02 p.m. Council convened in an open session at 9:39 p.m. MOTION2022-066 On a motion by Mayor Burk, the following was proposed: In accordance with Section§2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the Motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. (ROLL CALL VOTE) Fox—aye, Steinberg—aye, Cummings—aye, Vice Mayor Martinez—aye, Bagdasarian—aye, Nacy—aye, Mayor Burk—aye. Vote 7-0 21. ADJOURNMENT On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the meeting was adjourned at 9:40 p.m. Ke u ayor Town of Leesburg ATTEST: )0402.67 Clerk of Council 2022 tcmin0322 9 I Page March 22,2022—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.leesburqva.qov 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: I would like to call to order tonight's Council Meeting of March 22nd,2022. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Fox will be giving the Invocation, followed by the Pledge of Allegiance by Council Member Steinberg. Council Member Fox? Council Member Suzanne Fox: Thank you. Today as we gather, we think about those around the world, those in Ukraine and in neighboring countries and those in our own country who are needlessly suffering and we ask for stability, comfort, and peace for them. We're thankful for the freedoms we enjoy, so that we may pursue life as we choose. Please bless those who work to protect and defend those freedoms. We're also thankful for the many years of dedicated service of our friend Susan Berry Hill. Please help us to realize that our decisions have consequences and our stewardship as Council Members is that of service. We ask that you guide this body's decision-making process and please guide the manner and tone of tonight's meeting as we deliberate and make impactful decisions that affect us all.We say these things in thy name, Amen. Mayor Burk: Please join us for the pledge. All: I pledge allegiance, to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible,with liberty and justice for all. Mayor Burk:All right, let the record reflect that all members of Council are here this evening. We have two sets of minutes. The work session minutes of March 7th, do I have a motion? Moved by Vice Mayor Martinez, seconded by Council Member Steinberg.All in favor? Members:Aye. Mayor Burk: Opposed? Okay, regular session minutes of March 8th, 2022. So moved by Vice Mayor Martinez. Second? Council Member Zach Cummings: Second. Mayor Burk: Seconded by Council Member Cummings.All in favor? Members:Aye. Mayor Burk: Opposed? That passes 7-0. Adopting the meeting agenda. Is there any amendments or deletions?All right, do I have a motion to adopt the meeting agenda? Vice Mayor Fernando"Marty" Martinez: So moved. Mayor Burk: So moved by Vice Mayor Martinez, seconded by Council Member Bagdasarian. All in favor indicate by saying aye. Members:Aye. Page 1 I March 22, 2022 Mayor Burk: Opposed? That passes 7-0. We have no certificates of recognition but we do have a couple of proclamations tonight. We have a proclamation for Caroline Green and Michael Pearson. Caroline Green and Michael Parsons, excuse me. Whereas Caroline Green and Michael Parsons are competitive ice dancers that train at the Ion International Training Center in Leesburg,Virginia,whereas Green and Parsons are in their third season together, and the future is seemingly bright for this duo, and whereas Caroline Green and Michael Parsons earned a spot as the first alternate on the Team USA in the 2022 Winter Olympics in Beijing, and whereas most recently Green and Parsons gave a strong performance at the Four Continents Championship in Estonia earning them a championship title, and whereas the Leesburg Town Council recognizes Caroline Green and Michael Parsons for representing Leesburg,Virginia internationally,we wish them continued success on their ice dancing career. • Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia congratulate Caroline Green and Michael Parsons and wish them all the best in their future endeavors. Proclaimed this 22nd day. Eileen, do I need a motion on this? No. We've already approved this. I was reading this into the record. This will be given out to them at Ion at their open house. Then I have a proclamation for Keep Leesburg Beautiful. We do have somebody to accept this one. I see Paul in the audience here. Whereas the Town of Leesburg,Virginia is committed to the environmental stewardship and maintaining the aesthetic appearance of the Town's road corridors and public places,whereas each April volunteers collect trash from roadsides, stream areas, and common areas throughout the Town, whereas these volunteers put an emphasis on improving the community's environment by focusing on areas of litter prevention, waste reduction, recycling, and beautification, and whereas the Town Council appreciates the outstanding job of the Town staff to keep the Town's roadways, right of ways and parks clean and attractive all year round, therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia recognize April of 2022 as Keep Leesburg Beautiful month and welcome Paul Sheaffer,Chair of the Leesburg Environmental Advisory Commission to accept this proclamation and encourage all residents, businesses, youth groups, churches and service organizations to participate in keeping Leesburg beautiful during April 2022 by organizing cleanups and beautification activities, proclaimed this 22nd day. I'm going to go down and present this to Paul and have him explain what the EAC is planning for Keep Leesburg beautiful. [silence] Paul, this is very near and dear to me because many years ago a Council Member, Susan Horn, and I started this here in Leesburg. During COVID things fell apart.We weren't able to take care of it. I'm so glad to see that we're starting it again and I know all of you have been driven around Town and seen all the litter all over the place and it's going to be really exciting to see all of these different groups come forward and start helping to clean up and I'm very excited.Would you give us details of what you have planned? Paul Sheaffer: Yes. We have a litter pickup event planned for April 2nd at 10:00 AM at Raflo Park. It'd be great for scout troops,for high school students to get volunteer credits,things like that. Please come join us. Mayor Burk: It would be great for adults to feel better. [laughs] Please accept our thanks for the EAC for taking this over. Most certainly I imagine most of us will be there on April 2nd to join the cleanup. Thank you. All right, I do need to motion to approve the proclamation for the Medical Laboratory Professional week to be presented April 12th, 2022 at the Council Meeting. So moved by Council Member Steinberg, seconded by Vice Mayor Martinez.All in favor? Members:Aye. Page 2 I March 22,2022 Mayor Burk: Opposed? That's 7-0. Next one is Child Abuse Prevention Month. I need someone to move to proclaim the Child Abuse Prevention Month to be presented April 12th, 2020 at a Council meeting. Vice Mayor Martinez: Moved. Mayor Burk:Vice Mayor Martinez. Second? Council Member Fox: Second. Mayor Burk: Council Member Fox. All in favor? Members:Aye. Mayor Burk: Opposed? That passes 7-0. Okay, we have two presentations tonight and, Paul, we're going to ask you to come back up again. You have the annual report for the Environmental Advisory Commission. Paul Sheaffer: Thanks for giving the Environmental Advisory Commission the opportunity to present our 2021 annual report. Also, thanks for supporting the Energy Manager position during yesterday's budget discussions. I'm going to talk about our 2021 accomplishments and 2022 plans. Most of what is on this slide is actually from the Town's bylaws showing the EAC's role. For me, the EAC is really all about improving the quality of life for the residents of Leesburg. This is my musings on 2021. It was, basically, another year with all of the problems associated with the pandemic and I think we all did our best to cope with that. I'm going to talk about two main events the EAC is involved with. We have a table at the Flower and Garden Show and we focus on things like recycling, contamination,the Town's water pledge, sustainable landscaping, things like that. We plan on doing the same this year. Please stop by and join us at our table.We talked a little bit about Keep Leesburg Beautiful.The EAC is now doing two of these events each year.We do one in the spring and one in the fall. For the spring one,we coordinate with the Town Council and Town staff, obviously. Like I said, it's on April 2nd which is a week from this Saturday. If you all could please help us with outreach for the event, maybe put something on your Facebook page on it, inviting folks to come help us on April 2nd. Earlier this month we presented the Tolbert Award. We are hoping to work with Lexi in the future on various initiatives and topics, and she's actually doing something organizing an event around Earth Day out in Purcellville. Unfortunately, it's on the same weekend as the Flower and Garden Show on April 23rd but if you have a chance go out and see what Lexi's doing there. One of the things we did at the end of last year is a lot of the EACs effort is around environmental awareness.We recently did an ad campaign focusing on what is recyclable and what's not,and we've helped drop the contamination rate substantially and saved the Town quite a bit of money over the last couple of years with this outreach campaign. Moving forward for 2022,we're going to continue to focus on recycling.We talked about the two litter pickup events. It's great that we now may have a person responsible for managing energy and the EAC is here to help this new person to continue to work with Town staff on car charging stations, sustainable landscaping. We're working with the Tree Commission on a major tree planting initiative and also keeping an eye on water and air quality, promoting rain barrels and the sewer markings as well. These are the seven Commissioners. We'd also like to thank Mayor Burk who is our Town Council liaison, and also Rich Klusek who does a wonderful job as our Town staff liaison. That's all I have. Mayor Burk: Thank you, Paul. Would you mind explaining just a little bit more about the recycling campaign?You said that we're down to 5% contamination at this point,what was it previously? Do you know? Page 3 I March 22, 2022 Paul Sheaffer: It was 20%. Mayor Burk: 20%? Paul Sheaffer:Yes. Mayor Burk: When a trash pickup is contaminated, then it just goes to the landfill. It doesn't get recycled. Paul Sheaffer:Well,first it goes to the recycling center and then they reject it and then they put it back on another truck and then it goes to the landfill. Mayor Burk: Thank you. I have to say as the liaison, this commission is very active and very involved and you can see significant outcomes of what you all are doing so thank you all very much.Appreciate it. We have another presentation from Ms. Teresa Minchew who's chair of the BAR. This is also an annual report. Teresa Minchew: I've never actually moved slides on here so, hopefully, I can figure this out. Debi,just push. I'm not going to take a chance. I'm not used to being on this side. Mayor Burk: You might want to pull down the microphones a little bit towards you too. Teresa Minchew:There we go.Well,thank you for having me here and I'm actually the immediate past chairman of BAR. I'm thrilled to actually, Helen, would you stand up, introduce you to our new BAR chair, Helen Aikman, very excited about her taking that role and you'll see more of her as things go on. You do have, I think, a nice beautiful report that Debi Parry has put so much work into for us, but I'll just do a quick little summary. We met 30 times in 2021, second year of COVID. Didn't really miss any of our meetings again.A number of site visits as well. Our applications were actually increased about 4% over 2022. The increase in the BAR applications was only about 1%, but the increase in administrative applications was up 7%,which I think is significant as we've been trying to move a few more things to administrative review. I wonder if that doesn't isn't reflected there a little bit. The vast majority of these cases were in the H1 rather than the H2 or Gateway Overlay, although we did have a few in those areas as well. There are more details in your report. I'll touch on a couple notable cases.The much neglected building at 210 North King Street in the Old and Historic District was purchased and is getting a thorough and well thought out renovation, a new addition, some demolition of some dangerous parts. It's going to be a beautiful project, which will be a tremendous addition to our our downtown. On the other end of the spectrum, after you all approved, I think, it was a special exception for Floor and Decor to come in in the old Walmart.We approved pretty quickly. I would credit it to our new design guidelines for the Gateway District, but we were able to pretty quickly approve some significant alterations there, but that will help incrementally implement our goals for the Gateway District so we are happy to do that. There's some more in your handout, but those were two that illustrate the different things we've done. We also spent some time on outreach projects with your help. I do want to thank you all for all the help you gave us, particularly our liaison, Zach Cummings,who's a very active member of our team and we appreciate it.We have that very successful postcard mailing.We did a pretty in-depth applicant survey, which you will be getting a full report on in a few weeks. Helen will be the one doing that for you. Look forward to hearing more about that. For 2022, our goals are to continue to enhance the outreach efforts in the Old & Historic District. I'm happy to report one of our hopes is already happening. We are going to resurrect the awards program that we did for so many years. First, we did it just for Leesburg and then for a while we did it with much of the County.We're going to be partnering with Loudoun County again,just the two of us.That should be up and running. Hopefully, we'll have some awards in September. We'll keep you updated on that. We all still believe it's really important to find a way to update our architectural surveys.They're very old. It's hard to make decisions Page 4 I March 22, 2022 without that baseline of information updated.We'll be, I' sure, talking to you about ways to do that as the year goes on. Similarly, but I think after we get the s rvey updated,we're going to be looking at how to update our guidelines,which believe it or not were la t updated in 2009. It feels like I just did that but it's time to do it again.You'l be hearing more about those things.Then we need to update our bylaws and rules of procedure just to make sure we're in compliance with everything that you all have done over the last few years to make s re we're not missing anything. Other than that, I really just did want to thank you all for your support o the preservation goals and all the associated things that go along with that and look forward to anothe good year. I'm happy to answer any questions if there are any. Mayor Burk: Thank you, Ms. Minchew. Appreciate it. 'ecently we were both at a function where two architects from another area came and looked at our H storic District and complimented you as Chair of the BAR for maintaining such a terrific Historic Distric.Again, thank you. Teresa Minchew: Thank you. That was lovely. It was ice to have the recognition of the whole Town for putting so much of their effort in the Old Historic Dist ict. It was nice to hear that. Thank you. Mayor Burk: Thank you. Does anybody have any rem ional commission reports? All right, our next section is the petitioner's section. One of the first ord-rs of business is to hear from the public. All members of the public are welcome to address the Cou cil on any item, matter or issue. Please identify yourself and if comfortable doing so give your address r the taped record.Any public speaker will be requested to state their names and spell it for the pirpose of closed captioning. In the interest of fairness, we ask that you also observe the five-minute time limit. The green light on the timer will turn yellow at the end of four minutes indicating that you ha one minute remaining. At that time,we would appreciate your summing up an yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by his Council, the five-minute time limit apply to all. There is nobody who has signed up to speak tonig t. Is there anybody in the audience that didn't get to sign up that would like to speak at this point?Well then I will close the petitioner's section and we will move on. That takes us to the approval of the consent agenda. W- have three items on the consent agenda. It is 12A which is 2022 Creative Community Partnership Gr-nts, which is the Virginia Commission of Arts providing funding. B is the Awarding of the Audit Service Contract and C is Amending the Hospital Tank Antenna Lease Agreement with Verizon Wireless. I there any item anyone would like to have removed? Seeing none, do I have a motion to accept th- approval of the consent agenda? Vice Mayor Martinez: So moved. Mayor Burk: So moved by Mr. Martinez. Second? Council Member Ara Bagdasarian: Second. Mayor Burk: Seconded by Council Member Bagdasari-n.All in favor? Members:Aye. Mayor Burk: Opposed? That passes 7-0. That takes Gs to our first public hearing. I will call to order this March 22nd, 2022 public hearing of the Leesburg T wn Council. Unless there is an objection I will dispense with the reading of the advertisement. If you ish to speak,we ask that you either sign up on the sheet in the hallway outside of the count Council C amber, but if you did not get the opportunity to sign up, we will give you the opportunity to speak. In th interest of fairness we also have request that you observe the five-minute time limit. The green light i front of you will turn yellow at the end of four minutes, indicating you have one minute remaining. Page 5 I March 22, 2022 At that time,we would appreciate your summing up and yielding the floor when the bell indicates your time is expired under the rules of order adopted by this Council, the five-minute time limit applies to all citizens. However, rather than having numerous citizens present remarks on behalf of a group, the Council will allow a spokesperson for a group a few extra minutes. In that instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent, and their request additional time. Our procedure for this public hearing will be,first, there will be a very brief presentation by staff on the item. Then members of the public that have signed up to speak will be called and given five minutes. The public hearing on the item on the agenda for tonight is the Amendment to the Department of Planning and Zoning Fee Schedule.Who is doing this one? Mr.Watkins. Michael Watkins: Madam Mayor and Members of the Council, I draw the short stick tonight. Good evening. Before you this evening is a request. The request is to look at our department fee schedule. The Council actions this evening, you have three options. You can do nothing, leave the fees alone, you can adopt the proposed fee schedule proposed by staff, or you can make your amendments to the proposed fee schedule. Just to give you some background about the ordinance provisions, land development review fees are authorized by State Code. The Zoning Ordinance has a section relating to application fees. There are required application fees. There are exemptions for certain organizations, and the ordinance states that fees are non-refundable. Again, there are sections of the State Code that require a public hearing in order for you to pass these fees. The last time we did a comprehensive amendment, which included the zoning permits was in 2006. Then recently, in January 2019 we did a select few amendments and these were focused on special but legislative applications, primarily special exceptions, concept plans, proffer amendments, commission permits to plan amendments, zoning modifications, and waivers. Again, that was in 2019. In the packet is provided the revised fee schedule. The focus areas are concentrated on minor special exceptions. Here there isn't a review fee for this type of function.Administrative amendments to special exceptions.Again,we don't currently have a fee for this. We changed the deposit requirements for public hearing signs. That's no longer a deposit, it's a required fee. Proffer determinations, this is a function that I do more and more often based on the aged proffers that we have, and new development proposals. Zoning permits. Again, this is a comprehensive update to all those fees. Sign permits,temporary use permits, home occupations.Then there are two fees that were included, Crescent District design fees. This is based primarily on the additional architectural review that we need to. Zoning modifications. Again, this was to clarify that even in the Crescent District, if you're requesting a zoning modification, there is a fee for that. I've got two suggested motions.One is to move the adoption of the draft ordinance, then second is in the case that you make amendments to the fee schedule. I'm happy to answer any questions for you. Just by way of background, I didn't put a slide in here, but in your packet was a comparison that we did with like jurisdictions. It's a little bit complicated in as far as the Town is a larger, almost a city compared to some of the other jurisdictions that I looked at.Then, additionally, the function of the zoning permit in a lot of jurisdictions that function is combined with the building permit. It was hard to differentiate and create a unique fee for just the zoning permit, and then the building permit. With that, I'm happy to answer any questions you have. Mayor Burk:All right, Ms. Nacy, anybody who's down this way? Mr. Bagdasarian? Council Member Bagdasarian: I do have a quick question. Thank you, sir. Just going to the purpose and the gap that we're filling, is it a delta that we're filling as far as the costs that are associated with plans? Michael Watkins:We don't do a full recovery, so this is just an effort to offset the tax burden. Page 6 I March 22, 2022 Council Member Bagdasarian: Okay, thank you. Mayor Burk: Ms. Fox? Council Member Fox: Could you go back one more? Michael Watkins:Absolutely. Council Member Fox: The public hearing signs, I don't have a problem with having to pay a fee for them, but you went from deposit to a fee. Can you say why?We require them, I'm just wondering. Michael Watkins: Most often we did not get the signs back and then quite frequently, nobody ever bothered to come back and get the deposit either. Council Member Fox: Okay,turned into a fee then. Okay,thanks. Mayor Burk: Mr. Steinberg? Council Member Neil Steinberg: Yes. Out of curiosity, why have we let so much time lapse before reviewing our fee schedules? Michael Watkins:That's a good question.We did attempt to do it in years past.When we tried to cycle it with the budget, it makes sense to cycle it with the budget. This was an instance that it occurred to us to catch up from last year to bring it forward to this year. There's no regular schedule. Obviously, we can do that on a more frequent basis but there's no regular schedule for analyzing our fees. Council Member Steinberg: I see. A long question, can you explain what aging proffers and restrictions are?What does that mean? Michael Watkins: For instance, take a Potomac Station, which has gone through a series of plan amendments, that initial rezoning application was done prior to 2014. In that period of time, we've received several requests for different uses that weren't previously included.When we have those dated or older proffers that may not have included particular uses that are more prevalent today,or antiquated ordinances,it's difficult to provide a favorable opinion in some instances.That analysis to get the request to development plans requires, in some instances, extensive review time. Council Member Steinberg: Okay, thanks. Mayor Burk:Any additional questions? None, Mr. Bagdasarian?Okay, [chuckles]all right, do we have a motion? That's right. I'm sorry. Thank you. Do we have anybody from the public who signed up? No, we do not. Is there anybody in the audience that would like to come forward that didn't get a chance to sign up?We do not.All right,at this point,then I will close the hearing. Is there a motion?Mr.Steinberg? Council Member Steinberg:Yes, I move adoption of the draft ordinance amending the Department of Planning and Zoning fee schedule. No changes. Mayor Burk: Is there a second. Council Member Fox: I second. Mayor Burk: Okay, Council Member Steinberg, seconded by Council Member Fox.All in favor? Members:Aye. Mayor Burk: Opposed? That passes 7-0. All right, that takes us to our second public hearing. Thank you, Mr. Watkins. Takes us to our second public hearing. I call to order this March 22nd, 2020, public Page 7 I March 22, 2022 hearing of Leesburg Town Council. Unless there's an objection I will dispense with the reading of the advertisement. If you wish to speak we ask that you either sign up on the sheet in the hallway outside of Council Chambers but if you did not get the opportunity to sign up, we will give you an opportunity to speak. In the interest of fairness, we also ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes indicating you have one minute remaining.At that time,we would appreciate your summing up and yielding the floor when the bell indicates your time is expired. Under the rules of order adopted by this Council,the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of a group, the Council will allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent and their request for additional time. Our procedure for the public hearing is as follows. First, there's a brief presentation by staff. Then all members of the public that have signed up to speak will be called and given five minutes. The public hearing item for tonight is the 2022 Tax Rate and Fee Ordinance Adoption. Lisa. Lisa Haley: Hello, good evening. Madam Mayor, Members of the Council, good evening, and to the members of the public watching online. My name is Lisa Haley. I'm the Deputy Director and Treasurer for the Department of Finance and Administrative Services. I'll be doing a brief presentation on the tax rate and fees for 2022 in support of the Fiscal Year 2023 proposed budget. The proposed real estate tax rate is 17.6 cents down from 18.4 cents per $100 of assessed value. After a Council's markup session, the real estate rate is at 17.74 cents. The equalized rate is 16.6 cents, and each penny is valued at approximately$1 million for the Fiscal Year 2023. The real estate investment portfolio for the Town includes both commercial and residential. Residential makes at about 77%, commercial 23%. A little statistics on where we are in 2022. The residential properties had a year over year increase of 15.5%. Of that, 13%were existing properties. Similarly,the commercial properties had a total increase of 6.1%. Of that 4.7%were existing commercial properties and all total, our portfolio was up 13.2% year over year. The assessed values are a key component to the tax bill. The average tax bill for existing properties at 17.6 cents would be increasing$68 annually or$5.67 per month. Looking at the 17.74 cents rate,the annual increase would be$75 or$6.25 a month. 16.6 versus the 17.74 is a difference of$7.28 annually or 61 cents per month. Tax dollars are delivered from the tax revenue. 76 cents of each tax dollar goes to direct services such as Police, Public Works, Capital Projects, Parks and Rec and Thomas Balch Library.With that,we're finished. Mayor Burk: You're done.Wow. 7 minutes and 40. That's good. Does anybody have any questions at this point?Yes, Ms. Fox. Council Member Fox: I know Ms. Nacy asked last night, I just want to go back and understand the chart what the increase was in dollars. Lisa Haley: I'm trying to think what's your left. On the left-hand side is the 2021 assessment data.You see the blue at the bottom, that's the average residential tax rate. The annual bill was about$840. For 2022, the annual bill would be approximately $915. Now each taxpayer is going to have a different situation for their tax type. Let me get back one more. The variance year over year was$68 annually or $5.67 a month.When we moved to this chart,we included the 17.74 the highlighted columns,the$7.28 annually is the difference between the 17.6 and the 17.74. Council Member Fox: Thank you. Mayor Burk: Is there anyone else who has any questions? There is nobody who has signed up to speak. Is there anybody that didn't get the chance to sign up that would like to have an opportunity to Page 8 I March 22, 2022 speak to this issue? No one comes forward so I will close this public hearing. Is there a motion on this one? Nobody?Want to read it?Yes. Vice Mayor Martinez: I move to Approve the Setting of the Real Taxable Property Rate and the Tax Rate for Certain Personal Property for Tax Year 2022 and Amending Appendix B Schedule Section 20- 22 as proposed. Council Member Steinberg: Second. Mayor Burk: That was moved by Vice Mayor Martinez, seconded by Council Member Steinberg. Any additional questions at this point? Council Member Fox:Are we doing comments too? Mayor Burk: Yes. Council Member Fox: I do have a few comments. Thank you so much. Pardon me. This tax rate is a very reasonable tax rate but in context, we need to be clear that this is a tax hike and not a tax cut, even though the rate's a little lower. I think we have this because of the high rates in property assessments. It still amounts to a tax increase and that tax increase caps off two years of hardship as Leesburg families faced shutdowns and layoffs and hardships and closes in business. It's a tax increase in the face of historic inflation, with food, gas prices, housing, other necessities at all-time highs. Supporting this tax rate would be very tough for me. We have been informed tonight that the residential property increase will be about an average of$75 per home. Some people are fine with that, other people aren't. In the grand scheme of things, it doesn't seem like much but we are asking families to tighten their belts just a little bit more. Instead we're looking at spending a little bit more and I'm having a hard time with that one. I don't wish to prioritize what we've had up there. Some of those things are actually great things, but I don't want to prioritize them over taxpayers' pocketbooks. I just feel like families are suffering, they're facing their own budget crunches and we know that there are some expenses coming down the pike with the passage of the Town's collective bargaining resolution, we have that coming up. We have the County's impending deficit spending, if I understood that correctly,which will surely affect the Town because what happens in the County always affects the Town. I feel like we should be proactively preparing instead of spending. As this is my eighth budget process as a Council Member, never in eight years have we managed an equalized rate.We just didn't do it.That means every year,year after year,we've asked every taxpayer in Leesburg to pay just a little bit more than they paid the previous year. This year, I think we could and should give families of Leesburg a break. I think they deserve it. This year, while I would rather have kept the tax rates steady, and maybe offered some rebate back to the taxpayers, we found out that it's not very possible. I'd like to go ahead and keep things steady at an equalized rate and maybe concentrate on exploring new sources of revenue. Thank you. Mayor Burk: Is there anyone else? Mr. Steinberg? Council Member Steinberg: Yes,thanks. First of all, I want to thank the staff for all the work that they put into presenting this budget and the manner in which they presented it making it very clear and concise in terms of understanding why we're doing what we're doing and how we're getting where we're getting and what we might expect for the future. I'm happy to support this budget. I don't think it's extravagant in any way, I think it is necessary to allow us to maintain, in my opinion,the level of service for which the residents of Leesburg expect, and therefore, while it may be difficult for some I think for the most part, it's a level at which our residents are willing to pay in order to enjoy the quality of life that we enjoy in the Town. Thanks. Page 9 I March 22, 2022 Mayor Burk: Mr. Martinez?Anyone else at this point? I would just like to say that I too can support this this year. I have to say this is the first year that I have not gotten one single email or phone call in regard to this budget.There's been no objection from the public that I've heard from,there's been no one who has stopped me in the grocery store and told me that it's a bad budget. I think that the public is aware that we're going through this budget process, and feels that it is a budget that meets the expectation for the services. Leesburg is a very desirable place to come to live and work and part of that is because of the services that we provide. I think the Leesburg public realizes that there is a cost associated with those services,and they're willing to move forward on them. I do want to thank staff for all of your hard work. This probably was the the most interesting budget and had the most information I've been able to really gather and understand so I really appreciate all that information. I know it's been a long process for you all to put it all together, but I do thank you very much for doing that. I think that we're moving in a way that is reasonable and cautious,yet still taking care of our residents and our residents'expectations. On that we have a motion from Mr. Martinez seconded by Council Member Steinberg and I need to call this as a roll call vote. Christopher Spera: Madam Mayor, if I might interrupt before you go on. Mayor Burk: Have I missed something? Christopher Spera: No, you did not. I just want to be certain with this proposed ordinance when it says in the motion made by the Vice Mayor. Setting the rate as proposed. I want to be clear we're talking about as proposed because what was proposed was 17.6, as adjusted by you the add-delete was 17.74. I would just ask the maker of the motion to be more clear as to what Mr. Martinez meant when he said as proposed so there's clear direction to staff as add/delete. Cole Fazenbaker: 17.74. Vice Mayor Martinez: 17.74? Christopher Spera: Correct, as proposed after the add-delete session. Thank you. Mayor Burk:Are you okay with that, Mr. Steinberg?All right, okay, all in favor? Oh, sorry. Nacy? Council Member Kari Nacy:Aye. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian:Aye. Mayor Burk: Mr. Martinez? Vice Mayor Martinez: Aye. Mayor Burk: Mr. Cummings? Council Member Cummings:Aye. Mayor Burk: Mr. Steinberg? Council Member Steinberg:Aye. Mayor Burk: Ms. Fox? Council Member Fox: Nay. Page 10 I March 22, 2022 Mayor Burk: Ms. Burk? Yes, aye, so that does pass. All right, thank you very much. That takes us to our Fiscal Year 2023-2028 Capital Improvement Program. You guys are-- Did I miss something? Vice Mayor Martinez: Just so you know, this is my 21st year passing a tax rate for the Town. My 21st tax rate. I'm waiting for the balloons to fall. Speaker: [inaudible]. Vice Mayor Martinez: It wasn't in the budget. Mayor Burk: The Fiscal Year 2023-2028 Capital Improvement. Is there a presentation for that one or not? No, okay. I do have a question in regard to it. We recently got a notice from Congresswoman Wexton that she was able to attain over$900,000 for the Lawson Road Project. That was most of, if not all of the cost of that project. Did we move that money out of this budget and into something else or have we adjusted that? Cole Fazenbaker:We'll use the grant money instead of the GO fund,so we don't have to borrow money anymore. That was the plan. Mayor Burk: Okay,that prevented us from having to borrow money. Cole Fazenbaker: Exactly. Mayor Burk: Thank you, Congresswoman Wexton. Thank you. That's great. Vice Mayor Martinez: Madam Mayor, I move to approve and adopting the Fiscal Year 2023 through 2028 Capital Improvements Program in the amount of$228,961,990. Council Member Fox: Second. Mayor Burk: Seconded by Council Member Fox, any questions at this point? Vice Mayor Martinez: Town Attorney, did I miss anything this time? Christopher Spera: No, sir. Vice Mayor Martinez: Thank you. Mayor Burk:All right, any comments at this point? Ms. Fox, Mr. Martinez? Vice Mayor Martinez: No. Mayor Burk:All right, then all in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed? That passes 7-0. Fiscal Year 2023 Budget Adoption. On this one, we are adopting the budget for 2023.Who's going to read that one? [laughs] Vice Mayor Martinez: I'll do it. I move to approve the budget for Fiscal Year 2023, making appropriations for the general fund,utilities fund,and capital projects fund,establishing a capital reserve in the amount of$2 million from Fiscal Year 2021 unassigned fund balance. Mayor and Town Council compensation will include a cost of living adjustment COLA percentage, the same as full-time and regular part-time employees. Page 11 I March 22, 2022 Amending Council approved fiscal policy to exclude airport projects that generate sufficient revenue to be self-supporting around the 15% of general fund expenditures debt limit, authorizing amendments and supplemental appropriations by Council resolution, and authorizing and directing the Town Manager to take all steps necessary and prudent to effectuate the implementation of the ordinance. Mayor Burk: Is there a second?Council Member Steinberg.Any questions at this point?Any comments and questions at this point?All right, all in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed? That's six-one. All right, next, that takes us to Legacy Leesburg Town Plan, TLTA-2021-0001. Thank you, again. You made it through your first budget. Good job. Vice Mayor Martinez: I made it through my last. Mayor Burk: Legacy Leesburg, questions on Legacy Leesburg. Rich Klusek: Madam Mayor, we don't have a presentation this evening. The changes that you all requested have been made.You may also notice some additional modifications with pagination mainly due to formatting, but otherwise we're happy to answer any questions you might have. Mayor Burk:All right. Is there anyone who has any questions about legacy?Yes. Council Member Nacy: I do. I have a question, sir. Is this a living document that will be updated as necessary if something changes that requires it to be changed? Or is this something that we have to wait another five years for the Planning Commission to update by code? Rich Klusek: State Code requires us to look at it at least every five years, but we would certainly hope that if anything changes that warrants a revisiting of Legacy Leesburg, that would in fact happen. Council Member Nacy: Okay,thank you. Mayor Burk:Anyone else have any questions? Ms. Fox. Council Member Fox: Just a quick question. I know when we went over this, you said that there was a proviso in Legacy Leesburg that gave the Council an out, if you will, if we didn't like what was coming through in an application. There wasn't any basis,just that we didn't feel it was the right thing. Is that still in there? Rich Klusek: Well, it's not so much that if Council didn't simply feel it was the right thing. If that's grounded within the Town Plan policy, that is in there. Just to simply say, "I'm not sure I really like it," that would not be as legally defensible as using the actual Town Plan policies. When we look at the criteria for measuring positive growth and change, there are things like compatibility, a desirable character, economic benefit. Your reasons for denying an application should be grounded in those Town Plan policies. Council Member Fox: Okay, I don't want to put it this way, is there any way that we can prevent--? I just want applicants to come and say, "I trust process." I don't want to be able to have Council move the goal posts.That's all I'm having a hard time with this,and with this plan,that's what I thought I heard. Rich Klusek: I'm sorry. I'm not following. Council Member Fox: If an applicant came forward and they went through all the process and it got to Council and the Council says, "Well, when you presented, that's what I thought I heard," but you're saying there's no basis for that whatsoever. Page 12 March 22, 2022 Rich Klusek: The strategies throughout the plan essentially dictate what the Town is looking for from an application. At the same time, there's a recognition of the fact that not every applicant on every application is expected to meet every single one of strategies to the latter. It's ensuring that the applications, essentially, collectively help to better achieve the Town's vision. Council Member Fox: Okay, thanks. Mayor Burk: I have a couple of questions. One of them is about the fiscal impact statement. Is this fiscal impact analysis requirement going to be waived by the development official until you do your model? Rich Klusek:What fiscal impacts requirement are you referring to? Mayor Burk: This is an email response from our PIO Officer Betsy Arnett, "Our intention is to amend the Zoning Ordinance to eliminate the requirement for applicants to submit a fiscal impact analysis and submit only the inputs we need for our model. In this interim, the land development official can waive the financial impact analysis requirement." Rich Klusek: That is a Zoning Ordinance requirement separate from-- Mayor Burk: I'm in a different category. Okay, so I'm asking the wrong person. Susan Berry Hill: I will just add to what Rich said.You will have in your packet, I believe, for the next meeting an initiation of intent to amend the Zoning Ordinance, to amend the provision in the Zoning Ordinance that requires a fiscal impact analysis from the applicant.We're not requiring that they do the analysis.We're going to be doing our own analysis through the new fiscal impact model that Betsy and Cole manage, but what we will be requiring from the applicant are inputs to feed into that model. Mayor Burk: The last sentence, "In the interim, the land development official can waiver the fiscal impact analysis requirement." If something comes in before-- Susan Berry Hill: What that means is that we'll be asking the applicant to provide those inputs in lieu of an analysis. Until we get the ordinance changed,that is what we will be doing. It assures consistent application of the fiscal impact model going forward. Mayor Burk: Okay, but you're not doing away with having that analysis. Susan Berry Hill: No, not at all. Mayor Burk: Each applicant, even though we're in the process of doing the-- Susan Berry Hill: Each application would be analyzed according to the fiscal impact model that the Town manages. Mayor Burk: This is another zoning question. If we pass this, we will still be looking at the Crescent District Plan and redoing that, revamping that. [unintelligible] Susan Berry Hill: We have put into the draft before you tonight a two-page spread talking about the different things that you all discussed regarding the Crescent District Master Plan and things that you would like to have addressed. Those are all in this plan. They set the stage for your next step, which would be to initiate work on that Crescent District Master Plan. Mayor Burk: Anything you might have to say at this point? Do I have a motion to accept the Legacy Leesburg Town Plan? Council Member Bagdasarian: So moved. Page 13 I March 22, 2022 Mayor Burk: Council Member Bagdasarian. Second? Council Member Nacy: Second. Council Member Steinberg: Second. Mayor Burk: Seconded by Council Member Nacy.All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed? That passes 7-0. Thank you. Next one is Authorizing the Zoning Ordinance Rewrite. This is to authorize the direct staff to proceed with work on the Zoning Ordinance rewrite and to prepare a requests for proposal for consulting services. Do I have a motion for that one? Council Member Cummings: So moved. Mayor Burk: Council Member Cummings. Second? Council Member Nacy. Is there any discussion on this one?You don't want to discuss it?All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed? That's 7-0. Next one, 2022 ArtsPARK Sculpture at Raflo Park. Is there a motion? Council Member Cummings: So moved. Council Member Bagdasarian: So moved. Mayor Burk: So moved by Council Member Cummings. Seconded by Council Member Steinberg. No. Council Member Bagdasarian. I'll give it to you. Any questions on this one? All in favor, indicate by saying aye. Members:Aye. Mayor Burk: That's seven-z7-0ero. Do we have any Unfinished. No. New business, Council disclosures. Mr. Bagdasarian, we'll start with you. Any disclosures? Council Member Bagdasarian: No disclosures. Thank you. Mayor Burk:All right, Mr. Martinez? Vice Mayor Martinez: No. Mayor Burk: Alright. Mr. Cummings? Council Member Cummings: Just one disclosure. I had a meeting with Mr. Peter Kalaris on the Meadowbrook Farm commercial space. Mayor Burk:All right, also future items. I automatically included that. Mr. Steinberg? Council Member Steinberg: One disclosure, a meeting with David Gregory on the 9th to discuss the Graydon Manor proposal. No future additions to the agenda. Thank you very much. Mayor Burk: Ms. Fox? Page 14 I March 22, 2022 Council Member Fox:Just one disclosure. I did have a phone call just today with David Gregory about Graydon Manor. Mayor Burk:All right, Ms. Nacy? Council Member Nacy: No disclosures. Mayor Burk:Any future items? Council Member Nacy: No. Mayor Burk: Okay, I have one future item that-- Vice Mayor Martinez: I forgot a disclosure. I met with Molly about the- Mayor Burk: Lidl Vice Mayor Martinez: Lidl. I've already, yes. Thank you. Mayor Burk: Okay, I do have one request and it's from Mr. Rusk, Mr.Asa Rusk,who does the golf cart program here in Town. He wondered if we would consider having a discussion about widening his routes. Do I have four people that would be willing to have that discussion at a future meeting? Council Member Fox: I thought we had this discussion. Mayor Burk: We did last year or the year before. We said we would come back after a year and look at it again.There was some legislation that was passed in another Town. Doesn't really apply to us.We have four people that would be interested in doing that just about everybody. Suzanne, were you in favor of--?Okay,everybody is in favor with. I do have to disclose that I met with Mr. Gregory concerning his plans for Graydon Manor. I met with Ms. Novotny and the representative from Lidl. On March 10th, I had a Google Meetup with the third graders at Tolbert Elementary.We talked about all of the Mayor. I still will be grateful when we can get back to actually meeting with people in person. That was very awkward, having a Google meeting with 50 third graders. On the 12th I attended the Rescue Squad swearing in dinner. I'm want to congratulate the new officers of the Loudoun County Rescue Squad, a very important group of people that volunteer their time and give so much to our community that we truly need to be grateful. On the 15th, I attended a very, very interesting meeting at the Bed and Breakfast Guild. It was held at The Manor at Airmont. It was a very interesting meeting about the ins and outs of the bed and breakfast world and the impact to Loudoun County, and the discussion about how the Airbnb has impacted bed and breakfasts, and how they're trying to incorporate them more into their guild and try to make some changes. It's very, very interesting. March 16th, participated in the Workforce Resource ribbon-cutting on Market Street. The County has moved their workforce resource building. It was in the Shenandoah Building, and they've moved it over now to Market Street. Great setup. If anybody's looking for a job, that is a great place to go to connect people to jobs. Also took a tour of the Douglas Community Center, which is right beside it. They had to move the community center because of all the renovations that's going on at the school, and it's amazing what they were able to do. They even have a little beach in there. They got sand, and the sound of waves in the background, and the kids just they really enjoy the whole beach concept. It is a community center room where they have lots of community activities for the kids, lots of games, lots of stuff to go on. They have meeting rooms, and of course, a wonderful preschool program. On the 18th, I met with the residents of Spring Arbor. Former Senator Charlie Waddell did the intro, and I think that was really the highlight of the whole meeting, was Charlie and his intro. It was great to see him and all the residents. March 18th also, the Town held the Ukrainian vigil. I want to say thanks to all Page 15 I March 22, 2022 that attended. It was very well attended by the population and very moving. Staff did a wonderful job organizing it and I just want to thank everybody for attending and for reaching out. March 19th, I attended the Rotary Club Ukrainian fundraiser with a number of other people on this dais I saw there. It was great to introduce the best band on King Street, the Frayed Knots. Does that mean another$100? Council Member Bagdasarian: No. Mayor Burk: [laughs] I challenged him that if I said that publicly from the mic, that he would donate $100. It was great, great fun and great cause, and what a great organizing you did. Then March 21St the ribbon cutting for Initiative to Fitness and Plum Organics that was in the Crescent Place, two longtime businesses that expanded. Rather than leave Leesburg, they expanded to a new location in Leesburg and they're sharing their space. Congratulations to them. Mr. Manager? Kaj Dentler: Madam Mayor, Council, it's a pleasure to be back on the dais after almost- Mayor Burk: That's not what Kari said— Kaj Dentler: -at least a year and a half. I know Kari is not happy with me right now, but I'm here to try to keep Kari out of trouble,while also staying awake, Mr. Cummings. Had I known that my presence at the dais would move this meeting along so fast, I would have been back up here long ago. Remember that in my evaluation. Two serious things. First, congratulations on approving the budget. I want to compliment your efforts, I think,which some of the things that you've approved are really far- ranging and long strategic, when you look at the Town Plan that you just approved, of course, also a rewrite of the Zoning Ordinance which has been many, many, many years. There's a lot of work left for staff to do here. This is just the very beginning for us, but I want to congratulate you on getting through the budget very efficiently and effectively. I also want to compliment all the staff, all the directors, the administrative associates, everyone that's behind the scenes that you never see. One that I do want to compliment in the public, though, is Cole Fazenbaker, who's our new budget director. His first budget as the lead, I think, he's done a fantastic job. I know the hours he put in are way beyond what is normally expected. Then,finally, I just wanted to congratulate Susan Berry Hill publicly.This is her last official meeting.She will be retiring at the end of the month after, basically, 14 years with the Town, a long distinguished career, and she will be greatly missed. We are deep in the process now for interviews of the next Planning and Zoning Director. Hopefully, we'll have an announcement for you probably in about 30 days.With that, thank you for the indulgence to give you a few comments. Mayor Burk: Okay,we have a closed session, and are we doing it, Mr. Town Manager?Are we doing it here or--Okay, do we want to do a five-minute break? Okay, let's do five minutes. I have to make the motion first to go into a closed session. Okay, wait Neil, could you wait a second? I move pursuant to 2.2-3711(A)(7) and 2.2-3711(A)(8) of the Code of Virginia that Leesburg Town Council convene in a closed meeting for the purpose of consultation with a legal counsel and briefing by staff members related to multiple pending cases including the following.The Town of Leesburg et al v.Loudoun County et al Loudoun County. Circuit Court number 19-1768 and the Graydon Manor LLC v. The Town of Leesburg, VA, Loudoun County Circuit Court Case Number CL 214323. Where such consultation in an open session would adversely affect the negotiations or litigation posture of the Town in the consultation with the legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel and pertaining to the potential annexation and the boundary line agreement with respect to the JLMA. Do I have a second? Council Member Cummings: Second. Mayor Burk: Seconded by Council Member Cummings.All in favor? Page 16 I March 22, 2022 Members:Aye. Mayor Burk: Opposed? That passes 7-0. We're not going into closed session yet. Okay, everybody can take a five-minute break. Okay. Council convened in a Closed Session from 8:02 p.m.to 9:39 p.m. Mayor Burk:Are we back on? In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge,only public business matters lawfully exempted from the open meeting requirement under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened, or heard, discussed, and considered in the meeting by Council. Mr. Steinberg. Council Member Steinberg: Yes. Mayor Burk: Ms. Fox. Council Member Fox:Yes. Major Burk: Mr. Cummings. Council Member Cummings: Yes. Mayor Burk: Mr. Martinez. Vice Mayor Martinez: Yes. Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian:Yes. Mayor Burk: Miss Nacy. Council Member Nacy: Yes. Mayor Burk: Ms. Burk, yes. Vice Mayor Martinez: Motion to adjourn. Mayor Burk: Is there a second? Council Member Bagdasarian: Second. Mayor Burk:All in favor? Members:Aye. Mayor Burk: Opposed. Page 17 I March 22, 2022