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HomeMy Public PortalAbout2022_tcmin0510 COUNCIL MEETING May 10, 2022 Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor Martinez, Kari Nacy, Neil Steinberg, and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Leesburg Chief of Police Greg Brown, Director of Public Works and Capital Projects Renee LaFollette, Director of Utilities Amy Wyks, Director of Economic Development Russell Seymour, Management and Budget Officer Cole Fazenbaker, Assistant Town Attorney Jessica Arena, Senior Planning Project Manager Chris Murphy, Leesburg Police Officer Jorge Castro, Leesburg Police Officer Austin Kallmayer, Leesburg Police Officer Heather Maupin, Leesburg Police Officer Kyle Wagner and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Nacy. 3. SALUTE TO THE FLAG was led by Council Member Bagdasarian. 4. ROLL CALL 5. MINUTES a. Work Session Minutes of April 25, 2022 MOTION2022-086 On a motion by Council Member Fox, seconded by Council Member Steinberg, the minutes of the Work Session of April 25, 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 April 26, 2022 MOTION2022-087 On a motion by Council Member Fox, seconded by Council Member Nacy, the minutes of the Regular Session of April26, 2022, were moved approval. 1 I Page COUNCIL MEETING May 10, 2022 Council Member Bagdasarian was absent at the April 26, 2022, meeting and abstained from the vote. The motion was approved by the following vote: Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Bagdasarian abstain) 6. ADOPTING THE MEETING AGENDA MOTION2022-088 On a motion by Council Member Steinberg, seconded by Council Member Cummings, 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. Motion to Approve the Proclamation for the 90th Birthday Celebration for Mary Tomlin MOTION2022-089 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: I move that the Proclamation for the 9(1"Birthday Celebration for Mary Tomlin to be presented at the May 10, 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 Mayor Burk read and presented the proclamation to Ms. Tomlin. Ms. Tomlin made a few remarks. b. Kids to Parks Day Mayor Burk read the Kids to Parks Day proclamation and presented it to Mr. Darwin McCray. Mr. McCray made a few remarks. 2 I Page COUNCIL MEETING May 10, 2022 c. Mental Health Awareness Mayor Burk read the Mental Health Awareness proclamation and presented it to Ms. Katrina Cole. Ms. Cole made a few remarks. d. National Public Works Week Mayor Burk read the National Public Works Week proclamation. The proclamation was accepted by the Director of Public Works and Capital Projects Renee LaFollette. Ms. LaFollette made a few remarks. e. National Military Appreciation Month Mayor Burk read the National Military Appreciation proclamation and presented it to Mr. Ray Delpesche. Mr. Delpesche made a few remarks. f. National Police Week Mayor Burk read the National Police Week proclamation and presented it to Valor Award Recipients and Leesburg Police Officers Jorge Castro, Austin Kallmayer, Heather Maupin, and Kyle Wagner. Chief Brown made a few remarks. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section was opened at 7:26 p.m. Derrick Clarke. Read a statement to Council from the Friends of Thomas Balch Library Black History Committee regarding their position on the proposed Black History Mural. The Petitioner's Section was closed at 7:28 p.m. Mayor Burk noted she met with Pastor Michelle Thomas, Ms. Carmen Felder and Ms. Sharon Virts to discuss the Black History Mural project. Mayor Burk stated the NAACP and Ms. Donna Bohannon from the Black History Committee will host a public input session and that all three meeting participants agreed that whatever comes out of the public input session will be presented to the Black History Committee for evaluation. 12. APPROVAL OF THE CONSENT AGENDA Council Member Fox asked a clarifying question regarding the encroachment agreement for 1 North King Street Alley. Mr. Spera responded to Ms. Fox's inquiry. 3 I Page COUNCIL MEETING May 10, 2022 MOTION2022-090 On a motion by Council Member Steinberg, seconded by Council Member Nacy, the following Consent Agenda was proposed: a. Vacation of Existing Sanitary Sewer Easement—Stonewater Lane RESOLUTION2022-053 Authorizing the Vacation of a Portion of Sanitary Sewer Easement Located within Stonewater Lane b. Encroachment Agreement—I North King Street Alley RESOLUTION2022-054 Authorizing the Mayor to Execute an Encroachment Agreement between the Town of Leesburg, Virginia, I North King Street, LC, and PROOF Three—II, LLC c. Annual Street Milling and Resurfacing Contract Award RESOLUTION2022-055 Awarding the Annual Street Milling and Resurfacing Contract to Allan Myers VA, Inc. of Glen Allen, Virginia in the amount of$500,000 and Appropriating$142,251 from Fiscal Year 2021 to Fiscal Year 2022. d. Request to VDOT and CTB for Bridge Maintenance MOTION I move to authorize the Mayor to send a letter to the Virginia Department of Transportation(VDOT)and the Commonwealth Transportation Board(CTB) regarding bridge maintenance in the Town of Leesburg. The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Appointment to the Economic Development Commission Two nominees were submitted for the vacant Economic Development Commission appointment. Ms. Erin Lombardi(nominated by Council Member Fox)— There was no consensus of Council to appoint Ms. Lombardi(Cummings, Fox, Nacy). Ms. Linda McCray (nominated by Mayor Burk)—It was the consensus of Council to appoint Ms. McCray(Bagdasarian, Vice Mayor Martinez, Steinberg and Mayor Burk). 4 I Page COUNCIL MEETING May 10, 2022 MOTION2022-091 On a motion by Mayor Burk, seconded by Council Member Steinberg, the following was prop osed.• RESOLUTION2022-056 Appointing Linda McCray to the Economic Development Commission The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 b. Traffic Study Areas Council Member Nacy abstained from the vote as she was not in attendance at the Work Session when the item was discussed. MOTION2022-092 On a motion by Council Member Steinberg, seconded by Council Member Cummings, the following was proposed: RESOLUTION2022-057 Authorization to Proceed with a Request for Proposal for Traffic Study Areas in Town Traffic Study Areas to include Inside Catoctin Circle Loop and inside the Battlefield Parkway Loop The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Nacy abstain) 14. PUBLIC HEARINGS a. TLOA-2022-0001. Amending Contents of Public Hearing Placard Notice Signs The Public Hearing was opened at 7:34 p.m. Mr. Chris Murphy presented Council with the proposed amendments to the contents of Public Hearing placard notice signs. Council and staff discussed the amendments. Council requested Quick Response (QR) codes to be placed on the placards that link directly to application information online. Public Speakers: There were no speakers wishing to address the public hearing. 5 I Page COUNCIL MEETING May 10, 2022 The public hearing was closed at 7:45 p.m. MOTION On a motion by Council Member Nacy, seconded by Council Member Fox, the following was proposed: I move to approve the proposed Ordinance approving Zoning Ordinance Amendment TLOA- 2022-0001 revising Zoning Ordinance Section 3.1.9.B.2 Contents of Placards as well as adding Quick Response(QR)Codes to the placards on the basis that the amendment furthers the objectives of the Town Plan, as well as serves the public necessity, convenience,general welfare, and good zoning practice. Mayor Burk requested to include the application number and the type of application such as a rezoning or special exception to the placards. The friendly amendment was accepted by Council Member Nacy and Council Member Fox. MOTION 2022-093 On a motion by Council Member Nacy, seconded by Council Member Fox, the following was proposed: I move to approve the proposed Ordinance approving Zoning Ordinance Amendment TLOA- 2022-0001 revising Zoning Ordinance Section 3.1.9.B.2 Contents of Placards as well as adding Quick Response(QR)Codes to the placards and the application number and the type of application on the basis that the amendment furthers the objectives of the Town Plan, as well as serves the public necessity, convenience,general welfare, and good zoning practice. ORDINANCE 2022-0-012 Amending Leesburg Zoning Ordinance Section 3.1.9.B.2 Contents of Placards Revising the Information Provided on Notice of Public Hearing Placard Signs 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. 6 I Page COUNCIL MEETING May 10, 2022 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Fox welcomed Ms. Kara Rodriguez as the new Public Information Officer. Council Member Fox wished the Thomas Balch Library a happy 100th birthday and noted the celebration was a fun but wet event. Council Member Fox congratulated the five Leesburg businesses that won awards at the Leesburg Business Awards. Council Member Cummings thanked Mayor Burk and the Town Staff for hosting his son as Mayor for the Day which is an award he won as part of a Read-a-thon at Catoctin Elementary. Vice Mayor Martinez congratulated the Leesburg Police Officers in attendance who were recognized as Valor Award recipients and as part of Police Week. Council Member Nacy requested a proclamation for International Firefighters' Day to be presented at the May 24, 2022, Council Meeting. It was the consensus of Council to add this to the May 24, 2022, Council agenda. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed she met with Ms. Molly Novotny regarding the Peterson property. Mayor Burk disclosed she met with Pastor Michelle Thomas, Ms. Carmen Felder, and Ms. Sharon Virts in regards to the Black History mural. Mayor Burk welcomed new Town Public Information Officer Kara Rodriguez to the Town staff. Mayor Burk congratulated Ms. Tomlin on her 90th birthday. Mayor Burk thanked the Loudoun County Board of Supervisors for meeting with Council on April 28. Mayor Burk attended Leesburg Elementary's Arbor Day celebration. Mayor Burk welcomed Club Pilates to Leesburg noting they are located off of Battlefield Parkway. Mayor Burk welcomed new car wash business BriteWash to Leesburg. Mayor Burk participated as a greeter in the Smart's Mill Middle School 5K fundraiser. Mayor Burk hosted Mr. Jackson Cummings as Mayor for the Day. Mayor Burk thanked Local Leadership Outcomes for their work with the Chesapeake Bay. Mayor Burk noted she and other Council Members attended the Small Business Week event at 880 Harrison Street. Mayor Burk congratulated the Thomas Balch Library for their 100th year anniversary. Mayor Burk attended the ribbon cutting for pediatric dental center Tooth Clues and welcomed them to Leesburg. Mayor Burk joined the Loudoun Country Day School staff and students to say goodbye to their headmaster, Mr. Hollister, who has been at the school for 35 years. 19. TOWN MANAGER COMMENTS a. None. 7 I Page COUNCIL MEETING May 10, 2022 20. CLOSED SESSION a. Pending Litigation/Annexation and/or a Boundary Line Agreement with respect to the JLMA MOTION2022-094 On a motion by Mayor Burk, seconded by Council Member Fox, the following was proposed: I move pursuant to§2.2-3711(A)(7)and§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 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 7:53 p.m. Council convened in an open session at 9:22 p.m. MOTION2022-095 On a motion by Mayor Burk, the following was proposed: In accordance with Section§2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following roll call vote: Fox—aye, Steinberg—aye, Cummings—aye, Vice Mayor Martinez—aye, Bagdasarian—aye, Nacy—aye, and Mayor Burk—aye. Vote 7-0 8 I Page COUNCIL MEETING May 10, 2022 21. ADJOURNMENT On a motion by Council Member Steinberg, seconded by Council Member Nacy, the meeting was adjourned at 9:22 p.m. Ke y k, Mayor Town of Leesburg ATTEST: 72f.e....6: 2atz.07 Clerk of Council I I 9 I Page May 10, 2022—Leesburg 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.Ieesburgva.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: I would like to call to order tonight's Town Council Meeting of May 10th, 2022. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Nacy will be giving the invocation,followed by the Pledge of Allegiance by Council Member Bagdasarian. Council Member Kari Nacy: Thank you. In honor of International Firefighters' Day and National Police Week during the month of May, please join me in a moment of silence to remember those firefighters and police who have made the ultimate sacrifice and lost their lives in the line of duty. [silence] Council Member Nacy: Thank you. Mayor Burk: All right. Mr. Bagdasarian? [silence] All: --one nation, indivisible,with liberty and justice for all. Mayor Burk:All right. Let the record reflect that all members of Council are here tonight. No one needs to join electronically. Minutes,we have two sets of minutes. The work session minutes of April 25th, 2022. Do I have a motion? Council Member Suzanne Fox: So moved. Council Member Neil Steinberg: Second. Mayor Burk: So moved by Council Member Fox. Seconded by Council Member Steinberg.All in favor? Members: Aye. Mayor Burk: Opposed? Now, everybody was here. Council Member Steinberg: That is seven-zero. Regular session minutes of April 26th, 2022. Do I have a motion? Council Member Fox: So moved. Mayor Burk: Council Member Fox. Second? Council Member Nacy: Second. Mayor Burk: All in favor? Members: Aye. Mayor Burk: Opposed? Everybody was here for that one, right? Council Member Ara Bagdasarian: I was not. Mayor Burk: Okay. Everyone that was here, all in favor say, aye. Page 11May 10, 2022 Members: Aye. Mayor Burk: We have one abstention. It's 7-0-0-1. Council Member Bagdasarian: 6-0-0. Mayor Burk: 6-0-0-1. You don't count? [laughs] Council Member Bagdasarian: I guess she's not here to count. Mayor Burk: Yes,well [laughs]All right. Do I have a motion to adopt the meeting agenda? Council Member Steinberg: So moved. Mayor Burk: So moved by Council Member Steinberg. Council Member Zach Cummings: Second. Mayor Burk: Second by Council Member Cummings. Is there any additions or deletions at this point? All right.All in favor, say aye? Members:Aye. Mayor Burk: Opposed?That passes 7-0.We have a number of proclamations tonight and I need a motion to approve a proclamation to celebrate the 90th birthday for Mary Tomlin. Vice Mayor Fernando"Marty" Martinez: So moved. Mayor Burk: So moved by Vice Mayor Martinez, seconded by Council Member Fox.All in favor? Members:Aye. Mayor Burk: Opposed. Okay. Oh, they're in my binder. Okay. Thank you. The first proclamation, I'll read it so it's in the record, but it says, the 90th birthday celebration for Mary Phillips Tomlin.Whereas Mary Phillips Tomlin was born in Leesburg on May 1932 at the Old Loudoun Hospital.Whereas she started her life in Oatlands, Virginia and attended Mountain Gap School. Whereas she married Cyrus Smith Tomlin on December 13th, 1952, and their lives were filled with joy when their daughter Judy was born. Whereas, Mary Phillips Tomlin started working as a clerk-typist with the Fairfax County and was ultimately promoted to the Chief of Taxpayer Information.Whereas in her role as Chief of the Taxpayer Information, she efficiently supervised a staff of over 50 people.Whereas she retired from Fairfax County after 37 years of dedicated civil service, but decided retirement was not for her and went to work for Microcube in Leesburg for 10 more years. Whereas, she is a thriving 35-year breast cancer survivor who finally remembers watching Westerns at Tally Ho and enjoying an ice cream float at the Bodmer Drug Store. Therefore proclaimed that the Mayor and the Council of the Town of Leesburg Virginia hereby celebrate Mary Philip Tomlin's life achievements and wish her the very best on her 90th birthday. The next proclamation I have is the Kids to Park Day. Whereas on May 21st, 2022, is the 12th Kids to Park Day, organized and launched by the National Park Trust held annually on the third Saturday of May. Whereas Kids to Park Day empowers kids and encourages families to get outdoors and visit local parks, parklands, and waters.Whereas we should encourage children to lead a more active lifestyle to combat the issues of childhood obesity, diabetes, hypertension, and hyper cholesterol. Whereas the Kids to Park Day will broaden children's appreciation for nature and outdoors, and whereas Kids to Park Day will recognize the importance of recreating responsibly while enjoying the benefits of outdoors. Therefore proclaimed that the Mayor and the Council in the Town of Leesburg Page 2IMay 10, 2022 Virginia recognize May 21st in 2022 as Kids to Park Day and encourage all of our residents to celebrate by taking their children in their lives to one of our Town parks or to our County, State or National Parks. We have someone accepting that one. Darwin is going to be accepting that in just a minute.We have Mental Health Awareness Month.Whereas each May,we raise awareness about the importance of mental health and its impact on the well-being of all residents in our community.Whereas after the last two years of pandemic living, many people are realizing that stress, isolation, and uncertainty have taken toll on their well-being. Whereas we stand in solidarity with those who experience mental health conditions, renewing our commitment to providing them with the support they need and deserve. Whereas we also give thanks to the dedicated mental health providers whose service supports improves lives of so many. Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia recognize May 2022 as Mental Health Awareness Month. We encourage residents to take care of themselves, to take care of their loved ones, and talk about mental health. The more you talk about it, the more normalized it becomes. Proclaimed this 10th day. Ms. Cole will be accepting that one. National Public Works Week.Whereas public works services provided in our community is an integral part of our citizens' everyday life and is designed to protect and enhance our human environment. Whereas the support of an informed and understanding citizenry is also vital to the efficient operations of public work systems and programs.Whereas, in 2022 theme for the National Public Works Week is ready and resilient, which gives the voice to the impact of the many facets public work have on modern civilization. Whereas the Town of Leesburg Public Works Department performs essential services, such as maintenance of equipment, reviewing of construction drawings, transportation infrastructure, stormwater management, public buildings, brush and leaf collection, refuge and recycling collection, street maintenance and snow removal.Whereas these critical facilities and services could not be provided without the dedicated efforts of the public work professionals, engineers, managers, and employees,therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia hereby recognize May 15th through May 21st, 2022 as National Public Works Week, and recognize the importance of our Public Works employees while paying tribute to them for their substantial contributions to our quality of life in all hours of the day and all types of weather. We have National Military Appreciation Month. May is a busy month, that's for sure.Whereas each year during the month of May we celebrate Military Appreciation Month. This month,we are reminded of the important role of the United States Armed Forces play in the history and the development of our country. Whereas the sacrifices made by the members of the United States Armed Forces and their families have permitted our nation's citizens to enjoy the liberties guaranteed by the Constitution of the United States. Whereas we owe a great debt of gratitude to those who have sacrificed themselves for our liberty and security of this nation. Whereas through their commitment for freedom, America's armed forces and veterans have made the world more secure and have demonstrated that freedom should be cherished and appreciated. Whereas the Town of Leesburg's military veterans and current enlisted military personnel have served our residents and this country with loyalty and patriotism. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia recognize May 22nd as National Military Appreciation Month and encourage all residents to acknowledge and honor the service, sacrifice, and contributions of the United States Armed Forces. Then we have National Police Week, May 15th to the May 2151. Whereas in 1962, President Kennedy proclaimed May 15th as National Peace Officers Memorial Day in the calendar week in which May 15th falls as the National Police Week.Whereas the members of law enforcement agencies at the Town of Leesburg work tirelessly to protect and serve our residents, enforce our laws, and keep our neighborhoods, our schools, our businesses, and our families safe. Page 3IMay 10, 2022 Whereas it's important that all citizens know and understand the duties and responsibilities of their Police Department and that members of our Police Department recognize their duty to serve the people by safeguarding life and property, protecting them against violence and disorder, and protecting the innocent against deception and the weak against oppression or intimidation.Whereas we reflect upon the selfless dedication and bravery of our local State and public sector police as our safety and well-being is promoted by their devotion to maintaining peace and security in our communities. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia recognize May 15th to the 21St, 2022 as National Peace Week and further extend our congratulations to the Leesburg Police Officers who were recently recognized at the 2022 Valor Awards Ceremony including Jorge Castro, Austin Kallmayer, Heather Maupin, and Kyle Wagner.We appreciate the vital services you perform and the exemplary dedication you provide to the community.All right. We've got them back? Okay. I'm going to come down and present them. Mary Tomlin: Thank you. Mayor Burk: You're first. [laughs] Mary Tomlin: I hope so. Mayor Burk: Yes, so Miss Tomlin,we are so excited that you're here today to celebrate. Mary Tomlin: Thank you. Thank you very much for having me. Mayor Burk: And we're just honored that you took the time to come here and that you allowed us to present this proclamation to you. Mary Tomlin:Well, I really appreciate it, and I love Leesburg. Mayor Burk:We love you. [laughter] Mary Tomlin: Been here all my life. That's fantastic. Mayor Burk: Please accept this proclamation on our behalf. Mary Tomlin: Oh,thank you. Mayor Burk: Enjoy your birthday celebration. I'm sorry that I can't come join you. I wish I could, but I'll be out of town. I know that you'll have a great time and all your family and friends will be there. Mary Tomlin:Well,we hope so.We hope the rain stays away for Saturday afternoon. Mayor Burk: Okay.Well, keep our fingers crossed, everybody. Okay? [chuckles] Mary Tomlin: Okay. Thank you so very much. Mayor Burk: Thank you. Thank you very much for coming. [applause] Mary Tomlin: Thank you. Mayor Burk: Sure. Our next one is the Kids to Park Day, and this is Darwin McCray is accepting this. I know Darwin is someone who loves the parks. You spend a lot of time in the parks, don't you? Darwin McCray: I spend a lot of time. It's really fun. Page 4IMay 10, 2022 Mayor Burk:Would you like to say anything about our great parks that we have here in Leesburg? Darwin McCray: I think they're big, and fun, and good for playing. Mayor Burk: [chuckles]That's exactly what they're there for, right?We are very honored to have you accept this proclamation on behalf of all the kids, and we hope to encourage you and all of your friends to use the parks. They're there for you. They're there for you to use, and they're there for you to enjoy. Darwin McCray: Thank you. Mayor Burk: Thank you. Did you want to say anything else? Darwin McCray: No, thank you. Mayor Burk: Thank you, Darwin. [applause] Mayor Burk: The next one is Mental Health Awareness, and this is Katrina and friends. Katrina, thank you very much for being here today. Katrina Cole: I thought I'd come back. Mayor Burk: I know. Katrina Cole: Since I was here on the wrong night. Mayor Burk: She was here last night.We do appreciate all the work that you do.As the proclamation says,we've learned a lot through COVID and the impact of mental health and how important it is to stay aware and to keep working on it at all times. We really appreciate all the work that you do as head of the coalition there that works with mental health, but I know that you have things you'd like to say. Katrina Cole:Well,first off, let me introduce our Vice President for Friends of Loudoun Mental Health, Tonia Chagnon, and our Secretary Beth Newberry. They helped keep me straight. Tonia is actually the other half of my brain. I probably should have called you last night. It's just that, the proclamation says it all.We have been going through the biggest mental health crisis that this country has ever seen. People who never had issues before are finding that they're now dealing with depression and anxiety. My social anxiety came out when I went out for the first time last year. I was at an event and sat in the parking lot and cried for 15 minutes before I went in,just trying to get the courage. You never know what somebody's dealing with. The biggest part is to be kind and gentle with everybody, but especially yourself. If you see someone struggling, don't be afraid to ask if they need some help.As a commercial,we have our walk this Saturday. It'll kick off around 9:00 AM at Raflo Park. It's an easy one-mile walk. Rain or shine, if it's raining, it's okay. You're going to be walking on pavement and concrete. Think about coming and joining us will be at the gazebo at Raflo Park. Mayor Burk: Tell them what the Friends do. Katrina Cole: Friends of Loudoun Mental Health has been around for almost 67 years.We have several programs, one of which is a Housing Assistance Program, where we help people who are in treatment through the Department of Mental Health, live in Loudoun County and are working on their wellness. They can apply to us for a small stipend, up to$350 a month for up to six months to help pay their rent because we know rent's not cheap in Loudoun County. Page 51May 10, 2022 We also have a sister program called a Helping Hand, and that is a one-time grant for up to$500 to help pay utilities, will even buy a cord of wood if they need it. That's what the money from the walk is going toward is the Helping Hand Program.A Place to Call Home has been around since 1994, and Helping Hand started very shortly thereafter. There are two programs we're very proud of. Thank you. Mayor Burk: Thank you very much. [applause] [laughter] Mayor Burk: National Public Works Week. I think Renee. Oh, there you are. How could I not see you?You're accepting this for your staff and all the people that work within the department. Renee LaFollette:Yes. Mayor Burk: I'm sure you have a couple of things you'd like to say. Renee LaFollette: I do. I would first like to thank the Mayor and the Council for the support of our staff. The campaign this year of Ready and Resilient, we want to let the community know that we are ready to serve our community and we are resilient to pick ourselves up after all of our challenges. As we found out through these last couple of years with COVID,we've had many a challenge. Our staff was resilient through all of it and kept all of our essential services running and operational.We also want to thank the citizenry of Leesburg for staying informed and keeping up with what we need you to do so that we can provide the best service possible. Mayor Burk: Most certainly did. We never had a break of any services at all. Thank you very much and everything that everyone did. Thank you very much. [applause] Mayor Burk: The next one is National Military Appreciation Month. Mr. Ray, [chuckles]we are very excited that you're here tonight. It's always great to see Ray anytime, especially in uniform as you represent veterans in so many different ways.We still appreciate all that you do, how you make your life so much better. It's interesting that it ties to mental health and open space and parks, and all that kind of stuff too.We do really appreciate it, and want to thank you very much. I know you have something to say. Ray Delpesche:Well, on behalf of the veterans of Loudoun County, VFW Post 1177 of Loudoun County, I just like to say that we appreciate your continuous support that we get from you personally, and from the Members of the Council and from the Town of Leesburg. Our post is a small one, but we do a lot for the veterans here in Loudoun County. We assist with their needs when they request it and we try to do our best in providing that kind of service in that support. Saying that, we have Memorial Day that's coming up and Memorial Day weekend,we will be doing Poppy distribution throughout Loudoun County. These donations that we received goes right back to the veterans of Loudoun County when they do need it. It's been very supportive of the community where we collect the donations, and it's been very helpful to the veterans who are receiving it. It's very emotional to talk about the assistance that we provide to these veterans, and it's so comforting that we have the ability and possibility to do for the veterans in their time of need. Thank you again for your support. Mayor Burk: Thank you. Thank you for all you do. Really appreciate it. Thank you, gentlemen,for coming tonight. [applause] Page 6IMay 10, 2022 Mayor Burk: The last thing that is for the National Police Week, and I want to invite the Council Members to come down if you would like to join me in presenting this one. We're very proud of our officers for all the hard work they do on a regular basis every single day. Our safety is reliant on your dedication and your commitment. These individual officers were recognized at the Valor Awards by the Chamber of Commerce for their above and beyond service, and I'll let them talk to you about it. I would like to invite them to come down.We've got Jorge Castro,Austin Kallmayer, and Heather Maupin and Kyle Wagner. Of course, the Chief.We can't forget the Chief. Where is Mr. Markel?Are you taking a picture? Officers, I really want to thank you very much for all you did. I don't know if any of you want to explain why you were recognized the other day at the Valor Awards.Anybody brave? Greg Brown: Well, it is very long. I'll just say this about the Officers here in Leesburg,this department who exercise the utmost restraint and compassion when dealing with the public. I constantly get a lot of positive feedback.We had a few calls this year that, actually, pushed us to honor these individuals to write them up and get them honored by the Loudoun County First Responders Foundation. I'm proud of them across the board, they do an excellent job. I'm constantly looking at what they do. They all know that, and I hope I didn't scare you guys. The feedback that I get from the public,the feedback that I get from business owners, the feedback that I get from our elected officials constantly reflect the utmost in professionalism and honor in this noble profession, and I want to thank them because they make my job easy. They really do. In recognition of that, I appreciate you guys every single day. Mayor Burk: As do we. Is there anything anybody would like to say?You got a chance to go to the mic. Oh, he's shaking his head. Greg Brown: Again, I want to extend my gratitude and thanks to Madam Mayor here and Council Members, for once again, recognizing National Police Week,which actually starts on May 15th this year in honor of the 690 names that will be read next Friday. 690 names. 472 of those occurred within 2020, 147 of those right before the end of 2020, 319 of those were COVID related. This is an important time for us to recognize their ultimate sacrifice that our officers nationwide make on a regular basis and the sacrifices that they make to the community every single day they put the badge on. Thank you once again.Another year of recognizing that's very important week for next week. Definitely, appreciate that. Thank you. Mayor Burk: Everything you do is very important to us, so thank you. May I give you your proclamations and say thank you very much. I can't believe I can't get any of you to talk. I most certainly would like to shake your hands and say thank you.Absolutely. Thank you.Yes, do you ever shake hands?Thank you very much. I'm going to stand out. [pause] All right. Let me get back to my directions. Goodnight. Vice Mayor Martinez:As you all can see,we do love and appreciate our Police Officers. Thank you. Mayor Burk: All right. We do not have a presentation, Visit Loudoun, Beth Erickson is not well. Does anybody have any Regional Commission reports at this point? No one. Our next section is the petitioners. One of the first orders of business is to hear from the public. All members of the public are welcome to address Council on any item matter or issue. Please identify yourself, and if comfortable doing so, give the address for the taped record. Any public speaker will be requested to state their names and spell it for the purpose of closed captioning. In the interest of fairness,we also asked it to observe the five-minute time limit. The green light on the timer will turn yellow at the end of four minutes indicating you have one minute remaining. Page 7IMay 10, 2022 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. There is no one who has signed up to speak tonight. Is there anybody in the audience that didn't get to sign up that would like to speak at this point? Yes sir. Come forward. Please give your name and spell it for the record Derrick Clarke: My name is Derrick D. Clarke. Greetings everyone. My name is Derrick, D-E-R-R-I- C-K, D. Clarke, C-L-A-R-K-E. Shall I proceed? Mayor Burk: Oh, yes. Please do. I'm sorry. Derrick Clarke: I stand before you as a member of the Friends of Thomas Balch Library Black History Committee and we have a statement for you all.We the members of the Friends of Thomas Balch Library did not request a mural display and therefore do not consider this to be a Friends of Thomas Balch Library BAC Project to devote more time than we already have. Number two,the friends of Thomas Balch Library Black History Committee, our position and comments on the mural have been provided in writing to various stakeholders as requested. To reiterate, our position is as follows. Number one, we are opposed to the Harriet Tubman inclusion on a downtown Leesburg mural, and we believe what is required at this point is a Town-led process with identified stakeholders to make a decision on how to proceed. Our desire was to advise and provide our perspective which we have done and we do not see the need to comment further. That is our statement for today. Mayor Burk: Thank you. Thank you very much. I do want to share with you that I did meet with Ms. Felder, Ms. Virts and Pastor Michelle Thomas today. The NAACP and Donna Bohannon from the Black History Committee are going to have an input session, and welcome the public to come and speak towards it.All three agreed that whatever comes out of that input session will come to the Black History Committee, and will be evaluated as to how it looks. Derrick Clarke: Understood, understood. Mayor Burk: All right. Derrick Clarke: Thank you. Mayor Burk: Thank you very much. Is there anybody else in the audience that wanted to have time to speak that did not get a chance to sign up?All right. Then that takes us to our approval of the consent agenda? Chris Spera: Close the—. Mayor Burk: Oh,thank you. Don't say it like that. [laughter] Mayor Burk: I close the petitioner section. I go to the consent agenda. I will read them and ask if anybody wants anything removed after. The first one is Vacating the Existing Sanitary Sewer Easement-Stonewater Lane. B is Encroachment Agreement on 1 North King Street Alley. C is Annual Street Milling and Resurfacing Contract Award. D is request to VDOT and CTB for Bridge Maintenance. Is there any item that anyone wants removed? Ms. Fox? Council Member Fox: I don't want it removed, but just have a question about one of them. I didn't read through it first, but I caught it the second time. In the encroachment agreement, there's a paragraph that says, "The agreement will constitute a covenant running with the land and shall be binding on the parties and their successors." However,the Town may terminate the agreement upon 90 days written notice. I was wondering what would happen if that happened?What would happen with the business? Mayor Burk: Mr. Spera, can you answer that question? Page 8IMay 10, 2022 Chris Spera: Yes. Whatever the business would've constructed within the area in which the encroachment is allowed, that whatever it is,whether it's something that's been constructed,whether it's some other type of use, that would end on 90 days' notice. It would terminate that use. If we withdraw our consent. Council Member Fox:What would be the reasons that we would withdraw? Is there something that they would violate or? Chris Spera: It's generally not penal in nature, it would be more a change in the Town's interest. Say, for example, the area within which the encroachment were allowed, if it's use were to change, let's say,for example, it was not a major throughway or artery for pedestrian traffic, but then things changed and it would become such an artery and then the encroachment might not be appropriate. It's really more driven by changing use, than some sort of punitive measure. Mayor Burk: That's what I need to know. Thank you. All right.Anybody else have any questions?All right. Do I have a motion to approve the consent agenda?So moved by Council Member Steinberg. Second? Council Member Nacy: Second. Mayor Burk: Second by Council Member Nacy.All in favor? Council Member: Aye. Mayor Burk: Opposed? That passes 7-0. That takes us to our resolutions, ordinance and motions. There is an opening for the Economic Development Commission. Erin Lombardi has been nominated by Council Member Fox. I would like to put to forward the name Linda McCray,who has also asked to be considered for this position on the Economic Development Commission. Does anybody have anything they want to say at this point?Okay. Then, the first name was Erin Lombardi. Do we have four people that would like to appoint Erin Lombardi to the Economic Development Commission?We got three that was Ms. Fox, Ms. Nacy and Mr. Cummings. Linda McCray, do we have four people to vote for Economic Development Commission for Linda McCray? That would be Mr. Stein-- Pardon? Mr. Steinberg, Mr. Martinez, myself, and Mr. Bagdasarian.All right. You got to find a replacement for the Diversity Commission. Vice Mayor Martinez:Well, good. Mayor Burk:Well,that's another time. You got to do that next time. Vice Mayor Martinez: I know. Mayor Burk: Okay. [laughs] Chris Spera: [inaudible] Mayor Burk: The motion is to appoint Linda McCray to the Economic Development Commission. I don't have a motion. This is all I have there. Okay. I would move that. Is there a second? Council Member Steinberg: Second. Mayor Burk: Second by Council Member Steinberg. All in favor? Members:Aye. Mayor Burk: Opposed?Okay. That passes 7-0. Traffic study area. This is an authorization to proceed with the request for proposal for traffic study area in the town. Is there a motion? Council Member Steinberg: So moved. Page 91May 10, 2022 Mayor Burk: So moved by Council Member Steinberg?Second? Council Member Cummings: Second. Mayor Burk: Second by Council Member Cummings, this is the discussion we had last night. Is there any other additional questions or comments?All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Council Member Nacy: [inaudible] Mayor Burk: Okay, 6-0-0-1. I keep adding that additional person 6-0-1, okay.All right. Then that takes us to our public hearing. Public hearing. I will call to order this May 10th, 2022 public hearing of the Leesburg Town Council. Unless there's an objection I will dispense with the reading of the advertisement. If you wish to speak,we ask that you sign up on the sheet in the hallway, outside of the Council Chamber, but if you did not get the opportunity to sign up,we will give you that 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 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 their remarks on behalf of the group,the Council will allow a spokesperson a few extra minutes in that instance,we would ask the speaker when you sign up to indicate your status as spokesperson, the group you represent and your 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, then I got to turn the page. Then second, the members of the public that have signed up to speak will be called and given five minutes. The public hearing on the agenda for tonight is TLOA-2022-0001, Amending Contents of the Public Hearing Placard Notice Signs. Chris Murphy: Good evening, Madam Mayor and Members of Council. I'm here this evening to present the staff report for application number TLOA-2022-01,which is the Zoning Ordinance Text Amendment proposing a revision of Zoning Ordinance Section 3.1.9.8.2 relating to the contents of public hearing notice placard signs. This amendment comes to Council with recommendations of approval from the Planning Commission as well as from staff as presented in the draft ordinance included in this evening's agenda packet. In January of this year,the Planning Commission raised concerns relating to the effectiveness of public hearing placard signs. Primarily the signs are almost impossible to read from the public right away as a result of all the information they're required to contain. The Commission raised the question if the amount of required information could be economized, thus making the size more legible. Could this generate more interest by the public to participate in the public hearing process? Thus, on January 6th of 2022, the Planning Commission initiated a Zoning Ordinance Text Amendment to that end. Currently Zoning Ordinance Section 3.1.9.8.2 establishes the contents of public hearing notice placards shall include the time, date, and place of the hearing, a brief description of the matter being heard, identification of the land that is subject to the application, including the property tax identification number,tax map number, and complete address of the property if any, and the assigned case number. • Staff prints that information on an 11 by 17 sheet of paper and affixes that to an 18 by 24 yellow corrugated plastic placard reading public hearing.Although the Code of Virginia Section 15.2.22.04 does not require a public hearing placard notice the majority of Virginia municipalities provide such notice, Leesburg included. Page 10IMay 10, 2022 Research reveals the amount of information on those signs range from the complex, such as the sign we see on the left from Fairfax County to the very simple, the example shown on the right from Franklin County. Leesburg currently finds itself in a happy medium between these two examples, but perhaps this can be made better. The amendment before Council this evening would revise Zoning Ordinance Section 3.19 82 requiring public hearing placards to contain only the date, time, and place of the public hearing, the case file numbers, and then the Town body holding the public hearing. The new placards will be printed with information on how to reach the Department of Planning and Zoning for additional information relating to the application as advertised on the sign. When this amendment is measured against the Zoning Text Amendment approval criteria and Zoning Ordinance Section 3-25, there is no doubt that taking measures to better inform the public of impending land-use decisions is consistent with the Town Plan and the protection of the health, safety, and welfare of the community. Effective public notice is also consistent with good zoning practice. Once more, this amendment comes to Council with the Planning Commissions and staff recommendation of approval. I provided suggested motions here to aid Council moving forward. This concludes my presentation. Thank you for your attention. I'll answer any questions. Mayor Burk: Do you want to have any questions of this? Ms. Nacy? Council Member Nacy: I just have a quick question and maybe this is for future consideration, but would we ever be able to utilize a QR code like a lot of people did like menus during COVID,where they could scan it and it would take them to our Town website and then they could read the whole application. Chris Murphy: The problem we see with the QR code on a public sign on a public street, is someone driving by in a car trying to get it, or stopping their car in the middle of traffic to try to get it. Seeing how Virginia is"a don't use your cell phone in the car", and also we don't want to cause potential traffic hazards,we're not considering adding a QR code just yet. Council Member Nacy: Okay,that makes sense. Thank you. Chris Murphy: Sure. Mayor Burk: Thank you. Mr. Steinberg? Council Member Steinberg: Okay. Same topic, I noticed that the Fairfax County does incorporate a QR code. Do they have a rush of people who are causing traffic accidents trying to read the QR code? I appreciate your sentiment, but it seems like a simple enough thing to do, and since the website can often be rather Levantine,trying to wind your way through getting to the right place for the information, it would seem to me the QR code is a simple enough addition. I'm going to guess that you're not going to have people driving by trying to capture it. Chris Murphy: Loudoun County,what they do is they put the web address to their LOLA, so it's Loudoun.gov/lola. The idea came about of doing LeesburgVA/LIAM,which will take you directly to the LIAM page. However, the only problem with that is the BAR doesn't go on LIAM. Unless we come up with a way of saying maybe on the LIAM page, "If you're looking for a BAR application, please call this number,"and that would get you to the Preservation Planner. That's the only tricky thing we haven't solved yet. Council Member Steinberg: There's no way to go directly to the specific application and the property that it pertains to through the QR code. Chris Murphy: I don't know. It's beyond me in how the technology works. I assume we could, or maybe the QR code would go right to the LIAM page and it's easy to follow on the LIAM page because everything's thereby. The sign would have the TLZM number, the TLOA number, or the TLSE number, that you'll be able to find by just scrolling through LIAM. Page 11 IMay 10, 2022 Council Member Steinberg: I appreciate the desire for brevity, but I think if we can provide just a little more information to make lives easier. People are, actually, interested in studying it, that the QR code is a simple enough thing to do. Thanks. Mayor Burk: Mr. Martinez? Council Member Martinez: Why yellow? Chris Murphy: Pardon me? Mayor Burk:Why yellow? Chris Murphy:Why yellow? Council Member Martinez:Why yellow? Mayor Burk: Because it stands out. Council Member Martinez: Okay, I knew that. I just was curious why you pick yellow because it is the first color in the color spectrum we notice. The other question is, is why not digital? Mayor Burk: Why not what? Council Member Martinez: Digital. Chris Murphy: Digital signs? Mayor Burk: You have to do it this way. Chris Murphy: These are the signs that go on people's property. Council Member Martinez: These signs go on people's property? Chris Murphy: Yes,these are the public hearing advertising signs.You have to go to the BAR,we give you a sign, you put in your yard. It's a major rezoning. These are the signs that'd have to go along all the streets at the front of property. Council Member Martinez:You can't have a transportable sign?The only reason I'm asking is, every time you do one of these signs, you have to create a new one.With the digital one, all you have to do is download what you need on it and it's all there, Q code, Q thing, and everything. Chris Murphy: I think the expense would be a little bit more than just an 11 by 7 sheet of paper adhered to a plastic. These things are going to be one-time-use, $10.You can return if you want, if you don't want to, you don't have to, easy-peasy. Council Member Martinez: Okay. Mayor Burk: Sorry, are you done? Vice Mayor Martinez: Yes. Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: I agree with Ms. Nacy and Martinez. Having a QR code and this is your digital sign right here. QR codes are very easy to generate and will take you directly to the content that you need. I think that when we do make a motion, I think that should it include a QR code because that would be the most efficient way to present the information and really isn't that complicated. Page 121May 10, 2022 Mayor Burk: I'm going to be obstinate here. I don't like this information being brief. I'm one of those people that goes by those signs and reads them. If it says, "Rezoning for this property",then I'd be more inclined to follow up on it, but if I don't know what it entails, is it fixing a porch? Is it making improvements in the driveways? I find that very useful. I would not want to not have it. I would like to have a small, but I know that's what you all are trying to avoid. [laughs] Chris Murphy: Wouldn't your curiosity cause you to call me and say, "Hey,what's going on?" [laughter] Council Member Fox: No. There you go. I'd be like, "No, I'm not doing that." Council Member Nacy: Are you very sure? Mayor Burk: There you go. [laughter] Mayor Burk: I think that that would be okay, but I would have. That's just me, and I know,that's just me, but I love reading these signs. [laughs] I go around town and read them.Anyway, Miss Fox? Council Member Fox: Can we have a small little QR code? Not readable when driving, but just have something small in there so people can follow up? Chris Murphy: If that's the motion,we'll figure it out how to do it. Mayor Burk: Okay. Mr. Cummings. Council Member Cummings: I just agree with the Mayor that I think these are public hearing signs was trying to give information. The more information the better, but I think a great way to do that is the QR code. I would support that. Mayor Burk: Maybe if we could just have one line that says what it is as opposed to-- Vice Mayor Martinez: How about just one huge? Mayor Burk: Does anybody else have any other questions or answers? Okay. Does anybody have a motion on this? Oh,that's right. Gosh. Thank God, you guys are here today. I'm just trying to rush this through. There is nobody signed up for the public comment. Is there anybody in the audience that would like to speak?They do not. There is nobody here that would like to speak at this point so I will close the public hearing and then I will ask for a motion.Anybody have a motion that they would like to-?Yes Miss Nacy. Council Member Nacy: I'll try to cobble one together. Well, I guess I do have a question before I make the motion. Do we need to, since a QR code is going to potentially cost some amount of money to set up, do we need to direct that separately from this action item or can you do it all together? Chris Murphy: I would think you would just, if you want to read the suggested motion and add a QR code on the placards. Council Member Nacy: Okay. I'll do that. I move to approve the proposed ordinance approving Zoning Ordinance Amendment TLOA-2022-0001, revising Zoning Ordinance Section 3.1.9.8.2, contents of placards on the basis—Oh, in addition, I would like to add QR codes to this on the basis that the amendment further the objectives of the Town Plan, as well as serves the public necessity, convenience, general welfare, and good zoning practice. I'm sorry. That was terrible. Mayor Burk: No. Is there a second to this? Council Member Fox: Yes. Page 131May 10, 2022 Mayor Burk: Council Member Fox.Any chance I could get one line? [laughs]Would that be outrageously difficult to just have a one-line stating what it is, but what the application is. Not going into detail or anything like that, but if it's there because they're repairing the porch, porch repair, or rezoning? Chris Murphy: Yes, I mean,that's the thing is we'll have the application number on there.We can do that.We can say rezoning or special exception, and then with the TL number after it.All right, we can do that. Mayor Burk: Is that acceptable? Is that acceptable, Miss Fox? Council Member Fox: Yes. Mayor Burk: Okay.All right.Anybody else? All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed? That passes 7-0. Chris Murphy: Thank you all very much.Appreciate it. Mayor Burk: Thank you. Next we go to Council disclosures and comments. Miss Fox? Council Member Fox: No real disclosures this week I do have a few comments. I'd like to welcome Kara Rodriguez to the team. That was a surprise, a nice surprise. I would like to wish the Thomas Balch Library a 100th birthday, a happy birthday. We had a chance to go ahead and celebrate that which was a lot of fun. Even though it was raining,was a lot of fun. Then, of course, the Leesburg Business Awards, thank you, and then congratulations to the five businesses who won awards that evening. Thank you. Mayor Burk: Mr. Steinberg. Council Member Steinberg: No. Mayor Burk: Mr. Cummings? Council Member Cummings: No disclosures. Just one quick comment. My son from Catoctin Elementary Schools Read-a-Thon won Mayor for the Day. I wanted to just thank Mayor Burk, but also the staff that took him around and let him sit on police motorcycles, and operate the radar gun, and fly an airplane. He still is talking about it. He took the proclamation to school. Thank you to the staff and to the Mayor for letting him live his dream for one day. Mayor Burk: [laughs]The least we could do. Mr. Martinez? Vice Mayor Martinez: Well, I'm not only wanted to thank the police officers recognized tonight, but all of our police force. I really appreciate all you do. Thank you. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian: Nothing, Thank you. Mayor Burk: Great cookies. Miss Nacy? Council Member Nacy: I don't have any disclosures, but I did want to, did we do a proclamation for International Firefighters Day,which was May 4? Mayor Burk: I do not think so. Council Member Nacy: I would like to do one, please. Page 14IMay 10, 2022 Mayor Burk: Okay, for future. Do you know what the date is? Council Member Nacy: It was May 4. If we could do it before the end of May. [chuckles] Mayor Burk: Okay.At the next meeting. Council Member Nacy: Yes. Mayor Burk: Okay. There are four people that are willing to support that.Yes, everybody. Okay. Council Member Nacy: Thank you. Mayor Burk: I have a couple of disclosures. One, I met with Molly Novotny in regard to the Peterson property. I also met with Pastor Michelle, Carmen Felder, and Sharon Virts today in regards to discussing with the mural. I want to welcome also Kara to Town staff. It'll be a really interesting time for her, I'm sure. I want to congratulate Miss Tomlin, 90-years-old, coming in and celebrating her 90th birthday. That's great. I want to thank the Board of Supervisors for meeting with us on the 28th. They were willing to talk about items and issues that we were concerned about, and we're going to follow up with that. On the 29tn I attended Leesburg Elementary Arbor Day,where we planted a tree and the kids were extremely knowledgeable. Their teachers did a great job of making them very aware of what trees are and what they do. I wanted to welcome Club Pilates that opened its doors over near off of Battlefield. I want to also welcome BriteWash,which is a new carwash in Town that uses recycled water. Its quite an innovative and interesting place. I want to stay on the 1st of May, I had Smart's Mill Stallions invited me to participate in the 5K fundraiser. I was a greeter. I was not a runner, and I was fine being a greeter. The second Jackson, as Mr. Cummings said,was Mayor for the Day and did a great job. I loved his response when someone asked him a question and he said, "Give me a little time let me think about it." I thought, "Oh, he's on his way." I'd like to thank the Local Leadership Outcomes. This is a group that's associated with the Chesapeake Bay. They made welcoming remarks. They met here in Leesburg first time in two years. They have some innovative and interesting modules dealing with clean water. I was delighted to be there and it was a great event. On the fourth, many of us attended the Small Business Week at 880 Harrison Street.What a really great place to have a business, to start a business and have a business there. Never mind, I won't go there. I want to congratulate Balch Library for their 100th year anniversary. That's quite an accomplishment. I talked about the fact that it's gone from different things. It started one way and went to another and moved to another and it's adjusted and changed through the years. I want to congratulate Tooth Clues, which is a pediatric dental service that opened and did their ribbon cutting on the seventh. That is the most innovative dentist's office I've ever seen. They had all sorts of different games and different things for the kids to do when they were looking for teeth all over the place. I think I wouldn't mind going to the dentist if I could do that kind of stuff. Then, on the 9th, I joined the Loudoun Country Day School staff and students to say goodbye to their headmaster, Mr. Hollister. He's been at Loudoun Country Day School for 35 years. He is heading off to his next chapter. Mr. Manager? Kaj Dentler: No comment. Mayor Burk: Okay. In that case then,we do have a closed session. That is, I will read it. I move, pursuant to 2.2-3711(A)(7) and 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 the legal counsel and briefing by staff related to multiple pending cases, including the following:the Town of Leesburg et. al. versus Loudoun County et. al., Loudoun County Circuit Court number 19-1768, and Graydon Manor LLC versus the Town of Leesburg,VA; Loudoun County Circuit Court case number CL2143-4323 where such consultation and open session would adversely affect the negotiating or litigating posture of the Town in consultation with legal counsel regarding specific legal matters requiring the provision of legal Page 15IMay 10, 2022 advice by such counsel, and pertaining to the potential annexation and or boundary line adjustment with respect to the JLMA.All right, do I have a second? Council Member Steinberg: Second. Mayor Burk: Second Council Member Steinberg.All in favor?Opposed?That passes. 7-0.All right, we are in closed session. Council went into Closed Session at 7:53 p.m. Council reconvened in Open Session at 9:22 p.m. Mayor Burk: 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 and heard, discussed or considered in the meeting by the Council. Ms. Fox? Council Member Fox:Aye. Mayor Burk: Mr. Steinberg? Council Member Steinberg:Aye. Mayor Burk: Mr. Cummings? Council Member Cummings:Aye. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian: Aye. Mayor Burk: Ms. Nacy? Council Member Nacy:Aye. Mayor Burk: And Ms. Burk, aye. Then is there a motion to adjourn? Council Member Bagdasarian: So moved. Mayor Burk: Second? Council Member Nacy: Second. Mayor Burk: All in favor? Members:Aye. Mayor Burk: Opposed? Stay her by yourself. Page 161May 10, 2022