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HomeMy Public PortalAbout2022_tcmin0524 COUNCIL MEETING May 24, 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, Zoning Administrator Mike Watkins, Assistant Town Attorney Jessica Arena and Executive Assistant to the Town Manager Tara Belote. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Steinberg. 3. SALUTE TO THE FLAG was led by Council Member Cummings. 4. ROLL CALL 5. MINUTES a. Work Session Minutes of May 9, 2022 MOTION 2022-096 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the minutes of the Work Session of May 9, 2022, were moved for approval. Council Member Nacy was absent at the May 9, 2022, meeting and abstained from the vote. 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) b. Regular Session Minutes of May 10, 2022 MOTION2022-097 On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the minutes of the Regular Session of May 10, 2022, were moved for approval. 1 I Page COUNCIL MEETING May 24, 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 MOTION2022-098 On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Wayne's Crossing Day Mayor Burk read the Wayne's Crossing Day proclamation and noted it would be presented at a later event. b. International Firefighters' Day MOTION2022-099 On a motion by Council Member Nacy, seconded by Vice Mayor Martinez, the following was proposed: I move to approve the Proclamation for International Firefighters'Day be presented at the May 24, 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 proclamations to Loudoun County Combined Fire and Rescue System Chief Keith H. Johnson&Loudoun Volunteer Fire Company 111 Chief Chris Krueger. 21 Page COUNCIL MEETING May 24, 2022 c. National Gun Violence Awareness Day Mayor Burk read the National Gun Violence Awareness Day proclamation and presented it to Ms. Julia Holcomb who made a few remarks. 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section was opened at 7:15 p.m. There were no petitioners. The Petitioner's Section was closed at 7:15 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2022-100 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following Consent Agenda was proposed: a. Vacation of Existing Utility Easements— Tuscarora Crossing Landbay 2 RESOLUTION2022-058 Authorizing the Vacation of Existing Utility Easements within the Tuscarora Crossing Subdivision Public Street Dedications b. Water Alerting and Reporting System Upgrade RESOLUTION2022-059 Approving a Change Order in the amount of$64,870 to RDA Company LLC to Upgrade the Water Alerting and Reporting System c. Right of Way License Agreement with OLoop Inc. RESOLUTION2022-060 Authorizing the Town Manager to Execute a License Agreement with QLoop, Inc for Telecommunication Facilities within the Town's Rights-of-Way d. Supplemental Appropriation of a Donation from the Friends of the Thomas Balch Library RESOL UTION2022-061 Authorizing the Town Manager to Execute a License Agreement with QLoop, Inc for Telecommunication Facilities within the Town's Rights-ofWay 3 I Page. COUNCIL MEETING May 24, 2022 e. Replacement of Utility Vactor Truck RESOLUTION2022-062 Contract Award for Fiscal Year 2023 Replacement of Vactor Truck for Cleaning Sewer Mains to GapVax, Inc in the amount of$593,505 f. Appointment to the Diversity Commission RESOLUTION2022-063 Appointing Enrique Gonzalez to the Diversity Commission 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. Town Hall Art Exhibit by Abigail Ryan MOTION2022-101 On a motion by Council Member Bagdasarian, seconded by Council Member Steinberg, the following was proposed: RESOLUTION2022-064 Approval of Town Hall Art Exhibit by Abigail Ryan 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. Accessory Dwelling Units Zoning Text Amendments Zoning Administrator Mike Watkins presented Council with the proposed Zoning Ordinance text amendments for accessory dwelling units. Council and staff discussed the amendments. MOTION2022-102 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: RESOLUTION2022-065 Initiating Amendments to the Zoning Ordinance Relating to Accessory Dwelling Units 4 I Page COUNCIL MEETING May 24, 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 c. Illumination of Town Garage for Gun Violence Awareness MOTION2022-103 On a motion by Council Member Steinberg, seconded by Council Member Steinberg, the following was proposed: MOTION I move to approve illumination of the Town Garage for Gun Violence Awareness from June 3 to June 5, 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 14. PUBLIC HEARINGS a. TLOA-2021-0010, Mural Definition The Public Hearing was opened at 7:39 p.m. Zoning Administrator Mike Watkins presented Council with the proposed Mural definition. Council and staff discussed the definition. Public Speakers: There were no speakers wishing to address the public hearing. The public hearing was closed at 7:46 p.m. MOTION2022-104 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasari an, the following was proposed: ORDINANCE 2022-0-013 Amending Zoning Ordinance Section 15.3 and 18.1.110.1 to Add and Redefine the Term Mural 5 I Page COUNCIL MEETING May 24, 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 b. Clutter Ordinance The Public Hearing was opened at 7:47 p.m. Assistant Town Attorney Jessica Arena presented Council with the proposed Clutter Ordinance. Council and staff discussed the ordinance. Public Speakers: There were no speakers wishing to address the public hearing. The public hearing was closed at 7:58 p.m. MOTION2022-105 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed: ORDINANCE 2022-0-014 Amending Town Code Chapter 22 to Adopt a Prohibition on Clutter Council asked if there was a review period included in the proposed ordinance. Mr. Spera indicated there was not but that staff could review the efficacy and impact of the ordinance after a year or so without modifications to the proposed 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 c. Amending Town Code Section 24-204 Regarding Loitering The Public Hearing was opened at 7:59 p.m. Town Attorney Chris Spera reviewed the proposed amendments to the Town Code regarding loitering. Council and staff discussed the amendments. Public Speakers: There were no speakers wishing to address the public hearing. 6 I Page COUNCIL MEETING May 24, 2022 The public hearing was closed at 8:06 p.m. MOTION 2022-106 On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the following was proposed: ORDINANCE 2022-0-015 Amending Town Code Section 24-204 Regarding Loitering 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 Steinberg commented on recent questions from a resident related to the Leesburg Mobile Home Park. He shared that while it is no longer an issue before Council, it is frustrating that there are still no viable solutions for affordable housing in Leesburg. Mr. Steinberg added that the Loudoun County Board of Supervisors is entertaining a plan to bus workers into Town as a proposed solution for affordable housing. Council Member Cummins requested a work session discussion on creating a zoning classification for data centers within the Town. It was the consensus of Council to add this to a future work session for discussion. Vice Mayor Martinez requested a security assessment at the Airport and Town facilities. Mr. Dentler advised that an assessment is already underway and includes the Airport. Mr. Spera added that the Airport Director recently issued Delegation Letters to the FBOs to give them the authority to help defend the Airport against trespassers. Council Member Bagdasarian commented on the recent shootings in his hometown of Buffalo, New York, and the tragic mass shooting that occurred at an elementary school earlier in the day. He commented on the rising statistics regarding mass shootings and noted that something has to be done to make it stop. 7 I Page COUNCIL MEETING May 24, 2022 Council Member Nacy shared that she left bracelets for Council Members at their dais seats. Each bracelet has a thin red line and a thin blue line in support of Firefighters and Police Officers. She asked Council to wear them in support of Police Week and International Firefighters Day. 18. MAYOR DISCLOSURES AND COMMENTS /ADDITIONS TO FUTURE MEETINGS Mayor Burk thanked Council Member Nacy for the bracelets. Mayor Burk participated in the Roy Rogers reopening ceremony. Mayor Burk shared that on May 18, both Leesburg Chick-fil-A restaurants honored veterans in Leesburg by providing them with a free dinner for themselves and their families. Mayor Burk thanked the NAACP for their vigil on May 20 to honor and remember the victims of the Buffalo shooting. Mayor Burk celebrated Kids to Parks Day and thanked the Parks and Rec staff for their efforts. Mayor Burk thanked Mr. Paul Sheaffer for joining her and some children to plant a garden to beautify Ida Lee near the old farmhouse. Mayor Burk said Loudoun County held a successful Latino Festival on May 22. Mayor Burk joined the DAR at Morven Park in dedicating the swamp white oak tree that was planted there in 2003 but was identified incorrectly and noted it was one of the trees from Mount Vernon. Mayor Burk concluded her remarks by expressing her despair at the actions of another mass shooting. 19. TOWN MANAGER COMMENTS Mr. Dentler recognized the Public Works staff on receiving an Honorable Mention at the American Public Works Association conference for the West Market Street Sidewalk project. Mr. Dentler added that the Public Works staff was awarded the Engineering Excellence Award for the Route 7 and Battlefield Parkway Interchange Project. He noted that this recognizes the hard work of staff and the consultants but Mr. Dentler also thanked Council for the vision and commitment to pass the funding for these projects and providing inputs along the way. 20. CLOSED SESSION a. None. 21. ADJOURNMENT On a motion by Council Member Bagdasarian, seconded by Council Member Steinberg, the meeting was adjourned at 8:17 p.m. Ke y urk,67-ayor Town of Leesburg ATTEST: . xasi_c:67 Clerk of Council 2022 tcmin0524 8 I Page May 24, 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.leesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: Tonight's Town Council meeting of May 24th, 2022 to order. If anyone in the room needs hearing assistance, please see the Clerk.Council Member Steinberg will be giving the invocation followed by the pledge of the, salute to the flag by Council Member Cummings. Council Member Steinberg. Council Member Neil Steinberg: Thank you, Mayor Burk. I originally thought to offer a moment of silence for the lives lost in Buffalo, New York a couple of weeks ago, but after the news today, we can add another 14 lives to that very sad list. It seems that the lessons of Virginia Tech and Sandy Hook over the last 15 years plus others have taught us very little.As a nation,we have failed to deal with the drastic situation that continues and often seems to get worse during the day. It's ironic that we're offering a proclamation this evening for gun violence. You often hear thoughts and prayers, it seems to ring awfully hollow these days. I'm not sure in the end what it's supposed to mean anymore. In another few seconds,we're going to recite the pledge of allegiance with liberty and justice for all, but not apparently for the 14 lives lost today or the 10 in Buffalo and all those before that. Thank you. Mayor Burk: Council Member Cummings. Council Member Zach Cummings: I pledge allegiance— Mayor Burk: Let the record reflect that all members of Council are here tonight. We have two sets of minutes, the Work Session minutes of May 9th, 2022. Do I have a motion? So moved by Vice Mayor Martinez, seconded by Council Member Steinberg. All in favor? Members:Aye. Mayor Burk: Okay. Yes, thank you. That's 6 and Ms. Nacy is abstaining since she was absent from the meeting. The regular session minutes of May 10th, do I have a motion? Moved by Vice Mayor Martinez. Second? Seconded by Council Member Nacy. All in favor indicate by saying aye. Members:Aye. Mayor Burk: Opposed? Everybody was there for that meeting. Adoption of the meeting agenda, do I have a motion? Moved by Vice Mayor Martinez. Second? Council Member Nacy. Are there any amendments or deletions?All in favor indicate by saying aye. Members:Aye. Mayor Burk: Opposed? We have no certificates. We have a couple of proclamations today. The first one that we have is Wayne's Crossing. I need to read it into the record. It says this proclamation is for Wayne's Crossing Day, whereas General George Washington ordered Brigadier General Anthony Wayne and his brigade of Pennsylvania troops into Virginia in the spring of 1781 to reinforce Major General Marquis de-- I just messed it up. General Marquis de-- Unidentified Speaker: Lafayette. Mayor Burk:Thank you. [laughs] I had to hear it again.Thank you. Lafayette armies during the Virginia campaign of the Revolutionary War. • Page 1 1 May 24, 2022 General Wayne crossed the Potomac River with his brigade of 700 troops on May 31st, 1781, at Noland's Landing in Loudoun County, and marched through Leesburg on June 3rd, 1781. General Wayne's troops provided critical reinforcement for Lafayette's army in Virginia,which had been in retreat from the larger British Army of General Charles Cornwallis prior to his arrival. Whereas General Wayne, leading the advanced forces of Lafayette's army and augmented by 200 Virginia riflemen, engaged Cornwallis in the Battle of Green Springs on July 6th, 1781, in the largest infantry engagement to occur in Virginia during the war, resulting with the withdrawal of Cornwallis and his army across the James River into Yorktown,where the war ended a few months later. Whereas Wayne's Crossing was a significant Revolutionary War event in Loudoun County's history as commemorated by the historical marker at Lucketts Community Park, about three miles from where General Wayne's army crossed the Potomac River, and whereas we recognize the sons of the American Revolution and the daughters of the American Revolution for commemorating this event. Therefore, proclaimed, that the Mayor and the Council of the Town of Leesburg, Virginia, hereby recognize June 4th as Wayne's Crossing Day in Leesburg,Virginia. Proclaimed this 24th day, May 2020. I will be giving this at the ceremony this weekend. We have another proclamation here, and I need a motion. I will read it and then ask for a motion. This is a proclamation for International Firefighters Day. Whereas the International Firefighters Day was established in 1999 to remember those firefighters worldwide lost in the line of duty protecting the safety of all our citizens, and whereas the International Firefighters Day recognize those firefighters who have served their communities and dedicated their lives to the protection of lives and property, that commitment is in the form of countless volunteer hours and selfless years of working in the industry. Whereas this is a time where the world can recognize and honor the sacrifices that the firefighters make to ensure their communities and their environment are safe as possible. Hailing from all walks of life, they are our family members, friends, and neighbors. They protect us without wanting of recognition or reward. They are the essence of the true meaning of community. Whereas International Firefighters Day is observed each year and where we remember the past firefighters who have died while serving our community or dedicated their lives to protecting the safety of us all and show our support and appreciation to the firefighters worldwide.Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg, Virginia do hereby encourage all citizens to recognize, not only our local firefighters but those worldwide for their courage, selfless service, and sacrifice. Proclaimed this 24th day. May I have a motion?Would you like to make it, Kari? Council Member Nacy: Yes. Mayor Burk: Moved by Kari, seconded by Vice Mayor Martinez. All in favor? Members: Aye. Mayor Burk: Opposed? That passes, 7-0. The last one is for National Gun Violence Day. They're not going to get it.All right,this is a long one. How appropriate?This is a National Gun Violence Awareness Day. Whereas every day more than 110 Americans are killed by gun violence, along more than 200 who are shot and wounded, and on average,there are nearly 16,000 gun homicides each year. Whereas Americans are 26 times more likely to die by gun homicide than people in other high-income countries, and whereas protecting public safety in the community is the highest responsibility, elected officials and law enforcement officers know their communities best, are most familiar with local crime activities and how to address it and are best positioned to understand how to keep their residents safe. Whereas gun violence prevention is more important than ever, and the COVID-19 pandemic continues to exasperate the gun violence that more than two years of increased gun sales, increased calls of suicide and domestic violence hotlines, and an increase in the city gun violence. Whereas in January 2013, Hadiya Pendleton was tragically shot and killed at the age of 15 and on June 3rd, 2022 to Page 2 I May 24, 2022 recognize the 25th birthday of Hadiya Pendleton born on June 2nd, 1997, people across the United States will recognize National Gun Violence Awareness Day and wear orange in tribute to Hadiya Pendleton and other victims of gun violence along with loved ones of those victims. Whereas the idea was inspired by a group of Hadiya's friends who asked their classmates to commemorate her life by wearing orange. They chose his color because hunters wear orange to announce themselves to other hunters when they're out in the woods and orange is a color that symbolizes the value of human life. Whereas by wearing, on June 3rd, 2022, Americans will raise awareness about gun violence in honor of the lives of gun violence victims and survivors. Whereas we renew our commitment to reduce gun violence and pledge to do all we can to keep firearms out of the wrong hands and encourage responsible gun ownership to help keep our children safe, therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia recognize the first Friday in June to be National Gun Violence Awareness Day. I encourage all citizens to support the effort of local communities to prevent the tragic effect of gun violence and to honor and value human lives, proclaimed this 24th day of May 2020.We already passed that one. We don't need one on that one. I am going to go down to the floor and I'm going to ask Ms. Nacy if she would like to join me in presenting the firefighters. Thank you. Hello. Thank you for being here today. I'm going to go over here.Are you going to join us? Unidentified Speaker: No, ma'am. Mayor Burk: You sure? Unidentified speaker: I'm just taking photos. [laughter] Mayor Burk:All right, because we have three for you today. Sometimes it seems like a really trite thing to say, but the thing that always amazes me when you see it on TV or it's in your neighborhood,there's a fire, everyone is running away from it except you guys and you're running to it. We don't often think about that, but it most certainly is really important to recognize our firefighters, volunteers and career, what they've done, and what they've accomplished, and how they keep us safe and our property safe. We don't say thank you often enough. I want to thank Ms. Nacy for reminding us that this was an important thing that we needed to do tonight. I would like to present these to you. Chief Krueger and Chief Johnson. President Mason wasn't able to come, but would you share that with him? I know that you would like to say something in regards to this. Keith Johnson:Thank you, Mayor Burk, and thank you Town Council and staff.We don't really do this for recognition as you know,but it's nice to be recognized by both County and towns and so forth.Today just a reminder, I think Council Member Steinberg just realizes it's not just about fire and EMS, right? It's all the other things that we have to do. We had our own tragic start this morning in Loudoun County, if you read the news this morning, with two tragic traumatic deaths this morning. It really is our folks. It's more about the mental health of our folks now. We know the hazards of the job, the cancers, and the other injuries that can occur, but nowadays, it's more about the health and wellness of all of us that we try and really support each other because the mental health side of it is really challenging in today's times. Folks that had to respond to that school and deal with that tragic death. Thank you for the recognition and appreciate it. Mayor Burk: Would you like to say anything additional?Well, please extend our gratitude and thanks to all of the volunteers and career employees. Page 3 I May 24, 2022 Keith Johnson: Thank you. Mayor Burk: Thank you very much. [applause] Mayor Burk:All right. The next one is for the National Gun Violence Awareness Day. Please come up. Please come join us. I was commenting on I don't think I have an orange shirt. I might have to be visiting the store. Who do I give this to? Unidentified Speaker: Julia. Mayor Burk: Thank you very much for what you do and what an appropriate day for you to be here. Sad but very appropriate day. We're very delighted to be able to assist you with doing such a small thing as lighting the municipal building so that it's a reminder as people go by. Julia Holcomb: Thank you.We're trying to light things up. Mayor Burk: Yes. Julia Holcomb: Thank you very much. Mayor Burk: Would you like to say a few words? Julia Holcomb:Yes, I would, and I wouldn't mind if you hold the mic for me.This proclamation isn't an empty gesture. This proclamation isn't have a nice day, drive safe, take care. This is Uvalde, Texas today joining the communities torn apart by gun violence.This is calling on elected officials, people with a sworn duty to keep citizens safe to stop mouthing fossil flippant slogans which declare that guns don't kill people, that people kill people.Yes, people kill people. Guns are efficient at killing people. All of our job as members of our community is to learn how to make days like today less frequent and less fatal. That means knowing what will limit gun violence and acting on that knowledge. This isn't about a week. It isn't about a month. This is about the future. We can go on seeing body counts and headlines or we can take action.What will you do?Thank you very much. Mayor Burk:Very good question. Thank you, ladies. Thank you very much for all that you do. [applause] Mayor Burk: Does anybody have any regional commission reports at this point?Yes, Mr. Martinez. Vice Mayor Fernando "Marty" Martinez: No. Mayor Burk: Okay. Oh, I'm sorry. Petitioners. Do we have any petitioners?There's nobody signed up on the list. Well, I'll wait till she comes back. Nobody's on it? Then I will close the petitioner section at this point. I didn't believe it. Approval of the consent agenda. I won't read the petitioner section since we have no petitioners. Approval of the consent agenda. We will now consider the approval of the consent agenda. Do any members want to remove any item from the agenda? Do I have a motion then to accept the consent agenda? Well, let me read them first to the public. I always forget one step. 12A is the Vacation of Existing Utility Easement, Tuscarora Crossing Land Bay 2. B is Water Alerting and Reporting System Upgrade. C is the Right of Way License Agreement with the Q Loop Inc. D is the Supplemental Appropriation of a Donation from the Friends of Thomas Balch Library. Page 4 I May 24, 2022 E is the Replacement of the Utility Vector Truck. F is the Appointment to the Diversity Commission of Enrique Gonzalez. May I have a motion? Vice Mayor Martinez: So moved. Mayor Burk: So moved by Vice Mayor, seconded by Council Member Steinberg.All in favor? Members:Aye. Mayor Burk: Opposed? That passes, 7-0. We have three resolutions. The first one is the Town Hall Art Exhibit by Abigail Ryan. Do I have a motion to accept that? Council Member Ara Bagdasarian: So moved. Mayor Burk: Council Member Bagdasarian, seconded by Council Member Steinberg. All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed?That's 7-0.We have an Accessory Dwelling unit Text Amendment.We do have a presentation, a short presentation for Mr.-- Kaj Dentler: Yes. Mayor Burk: I would like to see the presentation. Unidentified speaker: Your lucky day. Mike Watkins: Good evening. I'm here to present the [unintelligible] dwelling units. Mayor Burk: They have 10 minutes. Mike Watkins: The purpose of the item for you this evening is an initiation of Zoning Ordinance amendments. On March 21st of this year, Council directed staff to initiate amendments to the Zoning Ordinance regarding accessory dwelling units and accessory structures. Background, this topic is not new to you. You discussed it April 2021, October of'21, January of'22, and then lastly, March of this year. The slide, you've seen it before. Previous Planning Director Susan Berry-Hill showed you examples of what accessory dwelling units can look like. They can be detached from the structure.They can be attached to the structure.They can be integrated within the structure. They can be on the upper level and the basement, and then above a garage or in a garage conversion.There are two definitions that I wanted to make you aware of. First is the definition for an accessory dwelling unit. Again, this is defined as a dwelling or an apartment within or detached from the principal dwelling of no more than 900 square feet. The use of which is associated with and subordinate to the principal dwelling and which is located upon the same lot as the principal dwelling. We also have something called an extended family residence. An extended family residence, again, is similar. It's within a single-family residence or within a conforming accessory structure, a living area designed to provide independence and privacy, allowing a separate bedroom, bathroom, dining area, and kitchen for a family member. The first one could be anybody. The latter,the extended family residence is actually a family member.What are the differences between an ADU and an extended family residence? The first, as I've just referenced, is the residency requirement.An ADU,there is no residency requirement.Whereas, an extended family residence, that Page 5 May 24, 2022 has to be owner-occupied. The principal structure has to be owner-occupied. There is an occupancy requirement with an accessory dwelling unit. It's determined with a special exception. There's nothing codified with the number of persons within that structure, or unit, I should say. Then the ordinance does currently define limitation for the extended family residence, and that's no more than two persons. There are development standards that are unique to each of the dwelling units. For an accessory dwelling unit, the structure itself must be located 2-foot minimum from a setback or from a property line.Again, that would be an accessory structure. The principal structure, again, would have to conform to the underlying zoning district standards. The extended family residence,you have to abide by the underlying zoning district setbacks,so the required side and yard setbacks.Then there's an additional development standard regarding lot coverage.That's just the amount of the lot that's occupied by the structure. For an accessory dwelling unit, that number is 70%, and for an extended family residence, there isn't one. I did a quick sketch just to show you an illustration of what the difference is and how they look like on the lot. The graphic on the left is an accessory dwelling unit. It's a single-family structure.What I've tried to highlight for you is the fact that the accessory dwelling unit can be integrated.Again,this could be in the basement, for instance. It can be attached to the principal structure in addition to your home, or it can be in a detached accessory structure. For an extended family residence, you can see, as I've illustrated, all of the requirements have to fit inside the building restriction line. One of the things that we get asked as staff a lot, and has been identified as a constraint, is the size of the accessory structure,whether it's an accessory dwelling unit or not. In this instance,what I'm trying to illustrate here is the fact that the ordinance has a 900-square foot limitation or 50% of the footprint of the structure. Not the multiple stories,the combined gross floor area, but just the footprint.What we've found is if you want to build a garage with a room above it, the 900-square feet is very limiting. What do I mean by that? The graphic on the left is an illustration of the structures on the lot. The graphic on the right illustrates a hypothetical accessory structure that's 24-feet deep,30-feet wide,would accommodate two vehicles. The box below it would be the resulting square footage above, almost not worth it. If you do proceed with the accessory dwelling unit text amendments, there are compatibility tests that staff would apply to the ordinance. First, it deals with nuisances. It could be noise, mobile activity. It could be the viewshed. I couldn't think of a better word, but more or less, the appearance and the subordinate nature of that structure on the lot and the adjoining parcels. Parking, parking is always a concern. Lot coverage, and here it's just the amount of green area that's left available on the lot. Lastly, unintended consequences, and this is primarily ownership versus rental. Considerations, if you were to move forward,again,some of the things that Council could direct staff to do would be to increase the size of accessory structures.We could look at ADUs during the phased approach.What do I mean by that?Well,we can start off with one or two zoning districts at first.We could look at an internal ADU by right instead of by special exception. We could look at the separation requirements from the property lines or adjacent structures. We can look at required onsite parking. We can look at reduced or modified parking requirements. We can create lot coverage limitations, and we can look at the opportunity to require integrated structures. Again, the example I showed you earlier, and that is the unit over the garage. Lastly, we can look at review procedures. Maybe it could be a minor special exception. There is a suggested motion for you to move forward with the proposed resolution, and I'm here to answer any questions that you may have. Mayor Burk:All right. Ms. Fox, do you have any questions? Council Member Suzanne Fox: Just a couple. Thanks. The extended family residence, you said no more than two persons are allowed in that particular dwelling? Page 6 I May 24, 2022 Mike Watkins: By ordinance today, the extended family residence is limited to two persons. Council Member Fox: What if there are more than two people in there? How do we deal with that? Just a complaint basis? Mike Watkins:Yes, ma'am.The extended family residence, if we received a complaint,we would verify that they actually complied with the permit first and examine the occupancy of the structure. Council Member Fox: Then at the top here, under your recommendations, you are talking about the increase in size of the accessory. What would you say would be the max increase? You said it's 900 feet or 50% right now.What are you proposing? Mike Watkins: I think what we would like to do is come back with a recommendation. If you're looking for a range, I would say probably in the range of 1,500 square feet potentially. Council Member Fox:We're talking about detached for ADUs, correct? Mike Watkins: ADUs can be a lot of different things. That's what I tried to illustrate on this slide, was on the left it can be in a detached structure, it can be an addition to your home that meets the building restriction lines, or it can be integrated, a room on the second story or in your basement perhaps. Council Member Fox: The reason I ask, we had, not that long ago, somebody who let us know via email that they weren't able to legally have something as an ADU because it was detached. Maybe I'm missing the point. I thought that we didn't allow detached before. Mike Watkins: Got you.There could be many circumstances as why they were told no. Happy to follow up offline or discuss that with the person who made the complaint, but no, the ordinance does allow it as an accessory structure. Council Member Fox: Okay.All right. Thank you. That's all I have. Mayor Burk: Mr. Steinberg. Council Member Steinberg: I guess I'm wondering why we're bothering to make a distinction of a separate family residence when that is likely to be a temporary situation oftentimes. As soon as the property sells, then what becomes of that space? If you've got a buyer or a new owner who doesn't have two people, they've got a complete space, but they don't have family members who are going to occupy it,why wouldn't they just then rent it out to non-family members? Mike Watkins: The accessory dwelling unit is primarily only permitted by special exception. If you can meet performance standards, the extended family residence is permitted by right, so no legislative action required. That could explain why it was put in the ordinance. I apologize. I did not go back to examine when and why we put the extended family residence in there. If we proceed forward,obviously, that will be incorporated into your staff report.As far as the limitation on the number and how it's either leased or temporary in nature, again, I think it was an inclusion in the ordinance to have that as a permissible option. Council Member Steinberg: 1,500 feet seems, in my mind, anyways, as an accessory dwelling unit, seems somewhat large. That's a 50-by-30-foot structure on an existing property. How did you arrive at the 1,500 square feet? Mike Watkins: I threw a number out there for comparison purposes. Obviously, when we bring an ordinance before you, we would do some additional research. We do survey of similar-situated structures within Town existing today. In terms of the subordinate nature of the structure, any ordinance that we would bring forward would have that accessory structure subordinate nature to the principal dwelling. Page 7 I May 24, 2022 Council Member Steinberg:All right, okay. Thank you. Mayor Burk: Mr. Cummings. Mr. Martinez. Vice Mayor Martinez: My first criticism is I wish we could have a better name than accessory dwelling unit because they get so confused with affordable dwelling units and other things. If there's a way you can work out that and give us a new acronym. The other one is am I right in that these cannot be used as an Airbnb? Mike Watkins: There's a text amendment that's pending before Council today. It's soon to come to the Planning Commission. I'm actually working on it now. What Council asked us to do is look at the residency requirement and the location of where the ADU can be or the homes they can be. As the ordinance is written currently, a homestay cannot be in a detached structure. Vice Mayor Martinez: Then the other question is, you're talking about a minimum length or size, a square foot. I would not like to see an accessory dwelling unit be larger than the ground floor of a house. Is there a way we can do a percentage? 1,800 square feet, make it 90% or 75% of that principal unit, but then again, have exceptions when you're putting it over a garage and limited to the size of the garage square footage. Mike Watkins:Absolutely.We can prepare the ordinance that has different options for you to consider. Vice Mayor Martinez: Okay. That's where I would be more-- I'm trying to say 900 square feet when 'you have a ground floor of 2,400 square feet, I just think that the sizing could be a little better. Then the other question I have is, this is just hypothetical. I have a deck, let's say I want to build an accessory dwelling unit that's attached over the deck. There are people out there that probably do that. I don't think it's a good use. Those are things that I would like to see us consider that we not include,that there are limitations to what you can put attached and that it can be a structure that's on top of a deck. It has to be on top of an existing structure or just attached at the ground level. Thanks. Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: No questions. Mayor Burk: Ms. Nacy. Council Member Nacy: Thank you.Just a quick question. Is this text amendment just to be--What are we doing now? It's unenforceable, right? If somebody is already doing this, they're just doing it. Is this to help us be able to enforce it or--? Mike Watkins: Good question. It's not directly in response to an enforcement issue. The background on this one was looking at opportunities for housing choice and just different forms of affordable housing. As Council Member Martinez suggested, the acronym and looking at this under the lens of affordability, that's one component of this. The other is just opportunities for housing choice, and that's what's for consideration with this text amendment. Council Member Nacy: Okay. Thank you. Mayor Burk: Let me start with this right here. The ADU you have that it doesn't have to stay within the setbacks of the house requirements. That is right on someone's backyard. To your next-door neighbor, you now have a house that is right up against your property line. There's no separation, there's no-- Mike Watkins: Two feet. Page 8 I May 24, 2022 Mayor Burk: That's it. You've moved into this neighborhood. There's no detached house next to the next house. Now you've moved in, you've been there for 30 years, and now someone builds a detached house right up on your backyard. Mike Watkins:That's why we put in one of the considerations is to look at the proximity of the structure to, not only the property line, but to other structures.We would formulate some kind of a regulation that would at least look at that and make an evaluation and then place that in the ordinance for your consideration.Today it's two feet.Your concern is in the future,what happens?We would construct the ordinance to address compatibility. That's how the accessory dwelling unit is located on the line. Mayor Burk: That sounds pretty subjective.Are you going to be able to make it objective? Mike Watkins: We can certainly put a dimension on it. Mayor Burk: Well, I'll tell you that would cause me a great deal of concern. My issue with this also centers around the fact that it seems like a good idea. It has some value to it until you get into the details, and then you've got some real problems. One of the things is that this is going to impact older neighborhoods, neighborhoods without HOAs. A lot of those neighborhoods, the houses are smaller, Some of those, the houses aren't 1,500 square feet. Now you're going to allow an accessory dwelling in the back that's going to be 15,000 square feet or 100, and it's bigger than the original house. That's a problem. Mike Watkins: It could be. Mayor Burk: I'm not comfortable increasing the size of the structures. Some lots are pretty small, and now you could conceivably have a house with another house behind it without much separation there and without much yard space left. That doesn't add to the attractiveness of a neighborhood. It most certainly would have an impact. The number of people that can stay in a unit,we limit it to--The ADUs we have no limit, but the other one is two people. That means you're increasing the number of people in the neighborhood. Now, you're increasing the number of people that could be using schools, but you're most certainly using-- You're creating a parking issue. A lot of these older neighborhoods don't have nice long driveways. They have very short, tiny, little driveways that one car can park in if you're lucky. If you've got two cars, you're parking one on the street. Now, you're going to be parking four or five on the street of an already crowded street that has issues with parking. I think you're asking for trouble there.The limiting the zoning by districts, I guess you could try that and see what the impact is. The separation from the property lines is really-- that's a real thing for me. Parking is a huge thing. That's one of the major complaints I hear in these older neighborhoods is the parking. We do need to require some sort of on-site parking to accommodate them. If you're going to have more cars there, you're going to have to be able to park them, and the whole coverage. That would be horrifying if you lived in-- and you bought this house and you had the house and the neighbor next door to you build this house that's bigger than your house. I've got some real problems with all of those issues. Those are my concerns. Mike Watkins: Duly noted. Mayor Burk: Pardon? Duly noted. Yes. I think I gave you a list before anyway. Anybody else have anything other?What do you need from us tonight? Mike Watkins: I was purposeful in this slide. I think sometimes when text amendments are initiated, there's a little bit of ambiguity in terms of what staff is tasked with doing. In this slide what I tried to do and in the staff report is solicit direction from Council. Some of the strategies that staff had included in the staff report was, one, outside of the ADUs,just looking at the accessory structure size. Page 9 I May 24, 2022 Then ADU-specific was, do you want staff to look at options that limit it to certain zoning districts? Don't hold me to this. The R4, which is a fairly larger lot standard in Town, do we limit it to that sub-district? Do we look at ADUs in a by-right scenario versus a special exception, or like I said, a minor special exception? I was purposeful in this slide to see where Council wanted to direct staff, if at all. Obviously, we're going to go and create ordinance, and it'll be vetted through the Planning Commission,but if there was anything specific that you wanted to direct staff to look at or not to include, this would be a good time to tell us. Mayor Burk: I think I just did. [laughs] I think others did say a few things in regard to size and stuff. Do you need more-- I mean,you don't want me to go down the list and-- Mike Watkins: I think if it's not to speak for you, Madam Mayor, but if others on Council agree with what you're saying, I think we've got pretty good direction. Mayor Burk:All right. Council Member Nacy: I would just add if I may, I don't know if anybody mentioned it, sorry if I'm repeating this, but the idea of special exception so that it always has to come through Planning Commission, I think would be important. Mayor Burk: Mr. Steinberg. Council Member Steinberg: That was it. Mayor Burk: Okay. Ms. Fox. Council Member Fox: I agree with Madam Mayor about the footprint, something up to 1500 square feet would be excessive I think. I would love to see it kind of reigned in a little bit. Thanks. Mayor Burk:All right. Mike Watkins: Great. There is a resolution for your consideration this evening. Vice Mayor Martinez: To initiate it. Mayor Burk: Okay. To initiate it, do we have the wording? Can he do so moved or does he have to read out to-- Mike Watkins: Just, you can move the resolution. Mayor Burk: Move the resolution. Mr. Martinez moves the resolution. Is there a second? Council Member Fox: Second. Mayor Burk: Seconded by Ms. Fox.All in favor? Members: Aye. Mayor Burk: Opposed. All right. Thank you. Okay, wait a minute. That was Vice Mayor, Council Member Fox 7-0.This takes us to Illumination of the Town Garage for Gun Violence Awareness. I need a motion to move. Council Member Steinberg: Second. Mayor Burk: Moved, Vice Mayor Martinez, seconded by,who seconded? Council Member Steinberg. Any discussion?All in favor indicate by saying aye. Page 10 1 May 24, 2022 Members:Aye. Mayor Burk: Opposed? That passed 7-0. Okay, all right. Public hearing. The first public hearing. Let me get to that.All right.This is the TLOA-2021-0010 Mural Definition. I call to order this May 24th public hearing of the Leesburg Town Council. Unless there is an objection, I will dispense with the reading of the advertisement. No objection. If you wish to speak,we ask that you either sign up in the sheet of the hallway outside of Council Chambers, but if you did not get the opportunity to sign up,we'll give you the opportunity. In the interest of fairness, we also ask that you observed 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 sum up and yield in the floor when the bell indicates your time is expired. Under the rules of orders adopted by this Council that 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 tonight is first, there will be a brief presentation by staff about the item before us. Second, members of the public that have signed up to speak will be called and given five minutes. The public on the agenda tonight is TLOA-2021-0010 Mural Definitions, again. Mike Watkins: Long time no see. Before you this evening, I'm going to try to keep this real quick. It's a simple change to the Zoning Ordinance. The purpose of the text amendment is to implement the mural art on private property guidelines. The constraints today, again, the definition for mural limits it to public buildings and public buildings only. Murals on public buildings are administered by the Commission on Public Art. Council initiated an adopted resolution in July of 2021. It established the Private Property Mural--Private Property Mural Pilot Programs, say that five times fast, created a committee to establish the guidelines, and excluded the H1 district. With resolution 22-030, you adopted the pilot program. You initiated the amendment for the Zoning Ordinance to redefine mural and to reevaluate the pilot program in one year. Quite simply, the graphic on the top includes the current definition. I've highlighted the pertinent parts of the amendment. Again, we're going to strike public and insert public building or wall. With the Planning Commission's help, there was an amendment to part of the definition and that was to install on an exterior of a privately owned building administered through the guidelines for mural art on private property. We wanted to include a reference in article 15. Again, when I'm asked questions regarding murals, people typically go to the sign section of the Zoning Ordinance. We're including a reference to the definition there, and I have a suggested motion for your consideration. Mayor Burk: Right. Does anyone have any questions on this, Mr. Steinberg? I do. I want to just clarify this is to give the definition for a mural that will also include a public building or wall but the pilot program can't be done until this wording is changed, is that correct? Mike Watkins: This effectuates the ability of the committee to go ahead and execute the private property mural program. Council's already adopted the guidelines. The committee has met, and we've done the call for walls where they call the artists. The definition change would allow the community to go ahead and execute the program that you've initiated under its limited duration. Mayor Burk: Okay, for the pilot program. Okay, that's all. I just needed that. All right. Council Member Steinberg: Madam Mayor, I have a question. It's installed on an exterior of a privately owned building, it doesn't limit it to commercial buildings, as opposed to residential? Page 11 I May 24, 2022 Mike Watkins: The ordinance does have commercial in it. I did not put commercial in here, but the ordinance does. Good catch. Thank you. Chris Spera: Mr. Steinberg, as do the guidelines. Council Member Steinberg: Okay. Thanks. Mayor Burk: Oh, Ms. Fox? Council Member Fox: Just a quick question, you were talking about limited duration. This would only apply to the limited duration or what a carry if it would carry? Mike Watkins: Good question. Again, if the Council does not continue the Private Property Pilot Program, essentially, there will be no opportunity for anybody to execute it on private property. Even though that's included in the definition, the pilot program goes away. In effect, there's no need to go back and reamend the definition. The provision just doesn't apply. Council Member Fox: Okay. Thank you. Mayor Burk: I need clarification on that. If that's the case, is it always a pilot program then? Mike Watkins: Eventually, the pilot program will go away, and the normal guidelines will be in effect. Mayor Burk: Okay. All right. Do we need or have any wording regarding decommissioning these murals? What happens when they are, and this might be in the guidelines, what happens when someone new buys the building and doesn't want the mural there? How do you decommission that mural? Mike Watkins: That would be handled through the guidelines and not-- Christopher Spera: Madam Mayor,that is all in the guidelines that Mr. Bagdasarian and the committee worked on very diligently. Mayor Burk: Okay. Thank you. Do I have a motion?Would you like to second? Council Member Bagdasarian: I will second. [inaudible] Mayor Burk: Okay. This one is moved by Vice Mayor Martinez. Seconded by Council Member Bagdasarian.All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Oh, I'm sorry. Christopher Spera: Mayor it's a public hearing, so we have to-- Mayor Burk: I'm sorry. There's nobody on the list. I went over it. Is there anybody that would like to speak to the mural definition? There's nobody signed up. We will assume that-- No-- I know, I'm not there yet. You're always worried. Okay. Did you want to speak to it? Okay.You stood up, so I thought- - Okay. Is there anybody in the audience that did not get the chance that we'd like to speak to it? No. All right. There's nobody here that wants to speak to it. In that case, I will close the public session and ask for a motion. Vice Mayor Martinez: [inaudible] Page 12 I May 24, 2022 Mayor Burk: Okay, that was Vice Mayor Martinez, Council Member Bagdasarian, all in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed, that passes 7-0. All right. The next one. Clutter Ordinance. That's what you're here for. Let me read this one.All right.Again, I have to read all this, I'm sorry, but I call it the order this May 24th public hearing of Leesburg Town Council. Unless there was an objection, I will dispense with the reading of the advertisement. If you wish to speak we ask you to either sign up on the sheet in the hallway outside of the Council Chamber 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 that you have one minute remaining. At that time,we would appreciate your summing up and yielding the floor when the bell indicates your time has 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 a group a few extra minutes. In that instance, we would ask the speakers when they sign up to indicate their status as a spokesperson,the group they represent in the request for additional time. Our procedure for the public hearing will be, first, there's a brief presentation by staff about the item. Second, the members of the public who have signed up to speak will be called and given five minutes. The public hearing item for the agenda tonight is Town Code Amendment to Adopt a Prohibition on Clutter.Yes. Jessica Arena: Good evening, Mayor and Council Members. Just like we discussed in the Work Sessions of— Mayor Burk: Could you introduce yourself? Jessica Arena: I am— Mayor Burk: Would you pull down the mics because you're soft-spoken. Jessica Arena: Can you hear me now? Mayor Burk: That's much better. Jessica Arena: All right. My name is Jessica Arena and I'm the Assistant Town Attorney. I am presenting the PowerPoint presentation for Amending Town Code section-- Chapter 22 to adopt a Clutter Ordinance and it will be coded as section 22-12. Like previously stated, the authority for the Town to enact a statute comes from Virginia Code Section 15.2-901 and this Code section derives from local need to regulate clutter. As presented previously,we had some examples of clutter that was within the Town,and also examples that were used in the City of Hampton, which made them or I guess incentivize them to pass their own ordinance on the matter. Our proposed amendment would have the definition of clutter, an extended period in addition to a clarifying sentence in the definition of clutter. Then it goes on to state that it will be unlawful for owners of property to permit clutter on their property, with certain exceptions for agriculture and closed structures or opaque fences. This will be enforced by the Zoning Administrator and there will be a 30-day period to remove clutter with an appeals process and the Town will also have the option of self-help. Lastly, there are civil penalties involved if the property owner or tenant does not clean up the clutter. If the violation continues, there are also criminal penalties involved. The additional definition that we included includes a State Code definition and also just a clarifying sentence that says that clutter just Page 13 I May 24, 2022 means that things are not designed, built, or manufactured for outdoor use. This usually will eliminate matters that may be considered aesthetic or something a couch versus outdoor couch, those kinds of distinctions. Since the extended period is not defined it within the State Code,we've looked through other sections of the State Code and also the other localities that have this ordinance and came up with a 60 day period,which we believe is sufficient for property owner or renter to clear the materials from the property. Also, Hampton gives 30 days, Blacksburg gives 30 days. Then this will be enforced by the Zoning Administration. The same process as with inoperable vehicles with section just on self-help, depending on whether or not the owner/resident is willing to cooperate with us. There's also an appeals process if the owner of the property decides that or deems that what they have on their lawn is not actually clutter, they have the opportunity to appeal to the Town Manager's office, and still within that 30-day window so that there's no delay in enforcement. The first penalty is$50 and subsequent violations increase the penalties and then if there was just no adherence to the ordinance, there's also a misdemeanor section of the ordinance. This is my suggested motion, I move to approve the proposed ordinance to amend Chapter 22 of the Town Code to regulate clutter on private property. Mayor Burk: Thank you, appreciate that. Does anybody have any questions on this? Mr. Steinberg? Council Member Steinberg: I don't have any questions. I just wonder did we include a review period after a year or something on this particular just to see how it's working? That's something we would typically do. Jessica Arena: Not to my knowledge. Council Member Steinberg: Not to your knowledge. Christopher Spera: Mr. Steinberg, there's no sunset period included in the ordinance. Council Member Steinberg: No, I'm not looking for a review. I'm not looking for a sunset clause. Christopher Spera:Just something that we would docket as staff to come back and review the efficacy and impact of this after a year or so. Council Member Steinberg: That may be something we need to add subsequently as opposed to as we vote on this or do we want to add that now? Christopher Spera: I think we can accept that instruction without changing what's before you. Council Member Steinberg: Thank you. Mayor Burk: Ms. Nacy. Council Member Nacy: I just have a quick question. I just want to walk through the process.We get a complaint, the Town goes out and investigates it and they determine it is clutter. That person has 30 days to remove it? I'm confused by the 30 and 60 days. Jessica Arena: Before an actual violation notice goes out,the Zoning Administration staff goes out and discusses it with the property owner, gives them 60 days to clean up the clutter not official notice but a warning, and then once we have the actual violation, that's what triggers the 30 days. Council Member Nacy: Okay. Then if they don't clean it up in 30 days,that's when the fine comes into play. Jessica Arena: Correct. Page 14 I May 24, 2022 Council Member Nacy: They really have almost 90 days to clean it up. I would like to suggest than raising the penalty from$50 initially a little higher if Council agrees, if they've gotten 90 days essentially to clean it up, I don't think$50 is going to make them move any faster if they still haven't cleaned it. Jessica Arena: Unfortunately, the penalty is set by statute. Council Member Nacy: It is, okay. Jessica Arena:We cannot increase it. $50 is not enough, but there's also an abatement clause within- - If this actually has to go to civil penalties and I would have to go to court to enforce that, I actually add on the abatement as well. If they don't clean it up, it is also a contempt of court at that point which we hope is incentive enough. Council Member Nacy: Okay. I guess it is what it is then. Thank you. Mayor Burk: Nobody on this side. I have two questions. City of Hampton and Blacksburg, both have put this in place or something similar. Have they been challenged? Jessica Arena: There hasn't been one in Blacksburg that I know of, but in Hampton, they've had a handful of enforcement cases where violation letters did go out. They've only had one trial of it so far. The case was regarding a lot of gardening and farming equipment laid out all around the front yard and Hampton prevailed in that case. Basically,what they did was they allowed the resident even more time to get it cleaned up. They set it for a review within six months. The resident had another six months before it gets back to the court for a review on whether or not they complied with the order. Mayor Burk: Thank you. What if you run a salvage business in your backyard that spills over into the front. Is the backyard business-- Jessica Arena: It will depend on if the backyard's covered or not. If they have opaque fencing all the way around, that's perfectly fine. If it leaks into the front yard, it can be considered clutter at that point. We would probably just encourage the resident just to move it into the back, cover it with a structure, something to just clear it from the front view of the property. Mayor Burk: You guys are going to have fun. All right, any other questions. Do I have a motion?Wait a minute. No, I got to ask if there's anybody that wants to speak and I don't think I have that one. Do I? All three of them are down here. I do need to acknowledge that Cindy Boyce did originally want to come and speak to this ordinance. She did send us an email concerning it but work has kept her from being here tonight. I just want to make sure that everybody realizes they have an email on it. All right. We have nobody. Anybody in the audience that would like to speak. Nobody, then I will close the public hearing. Is there any questions or motions at this point, Mr. Steinberg? Council Member Steinberg: I make the motion. I move to approve the proposed ordinance to Amend Chapter 22 of the Town Code to Regulate Clutter on Private Property. Mayor Burk: Seconded by Council Member Nacy, all in favor. Members:Aye. Mayor Burk: Opposed?That passes, 7-0. Thank you. Jessica Arena: Thank you. Mayor Burk: You have an amending Town Code Section 24-204 Regarding Loitering. Page 15 I May 24,2022 Christopher Spera:The Chief and I are back before you, Madam Mayor, and Members of Council with our proposed changes to the Loitering Ordinance based upon the work that we did at the work session, I know you're familiar with the topic.Again, the idea here is to have an enforcement tool for you. Mayor Burk: I need to read the directions first. [laughter] Christopher Spera: I should have known that. That was bad by me. Mayor Burk: Hey,well-- Christopher Spera: You're going to give me 10 minutes. That doesn't count against my 10 minutes. Mayor Burk: I call to order this May 24th,2022 public 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. If you did not get the opportunity to sign up,we will give you an opportunity to speak. In the interest of fairness,we ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes indicating you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes. In that instance,we would ask speakers when they sign up to indicate their status as spokesperson and the group they represent in the request for additional time. Our procedure for the hearing will be, first, there will be a brief presentation from staff, then members of the public will be asked that have signed up will be asked to speak.The public hearing agenda for tonight is Town Code Amendments to Section 24 204 regarding Loitering. Now you may go. Christopher Spera: Duly chastened I will start over. Once again, the Chief and I are before you revisit the amendment to our Loitering ordinance.As you'll recall from the work session,what we are trying to deal with is providing law enforcement and as well as private property owners through complaints to law enforcement with an additional tool addressing people who regularly occupy the same piece of public property. This is Section 24-204, sections A and B of the existing ordinance remain unchanged. Taking into account Mayor Burk and Vice Mayor Martinez some of the comments that you made during the work session, I tried to break this out into sections. The first section of Subsection C deals specifically with obstructing the right of way. It allows us to enforce that as loitering in addition to a right of way violation, which is in a separate part of the Code. Then subsection 2, deals with the conduct that I just touched upon where you have an individual who regularly occupies the same location within the public property so as to unreasonably interfere with the use of that property by the general public. Then in sections 3 and 4, what I tried to do was make it clear how enforcement can happen. I know Mayor Burk,that was one of the concerns that you had with the prior language in our original proposed draft. What I tried to do in 3 was make it clear that a private property owner could give instruction like it-- For example, if a person was blocking a sidewalk or driveway that accesses their property, the private property owner could give instruction. If the person refused to comply with that instruction that would give them the ability to call the police and have something that was actionable. Which was a problem that we encountered previously, in trying to enforce the way that the State Code is drafted. Page 16 I May 24, 2022 Then the fourth section makes it clear that if a person refuses to comply with an order given to them by a Police Officer, it's also a violation. I tried to make it a little bit clear by breaking it out into separate sections. Then as we discussed the last time we were here it's a civil penalty. I'm sorry, it's a class 3 misdemeanor which is fine, but if there are three citations within a 12-month period, it goes up to a flash two misdemeanor which is punishable potentially by time in jail. It gives us an additional tool for a recidivist more than just a fine. Those were the changes that we made. Both the Chief and I are here. If you have any questions regarding the proposed changes. Otherwise, I have a proposed motion for you. Mayor Burk:Well, I do have questions.Where in this new section does it prevent someone from staying in the same location and not moving for 24-hour periods? Christopher Spera: In subsection 2, it shall be unlawful for any person to regularly occupy or camp upon. It's not 24 hours. It's just to unreasonably interfere with the general public's use and enjoyment. We didn't want to define it as 24 hours. We tried to make it a standard that would vary depending on the location. Sitting in a park, for example, for two hours is one thing, sitting on the sidewalk for two hours is another in a busy section of Town. I think it potentially could vary depending upon the circumstance and the particular nature of the public property that was being occupied. Mayor Burk:All right. Anyone else have any questions. Mr. Steinberg. Council Member Steinberg: Should we be asked by residents in passing this, are we likely to see any immediate visual impact changes in the passing of this ordinance? Christopher Spera: As soon as we pass it, it will give both property owners and the Police an immediate tool to use in the event this conduct occurs. Council Member Steinberg: Thanks. Mayor Burk: Ms. Fox. Council Member Fox: Thanks.When you mentioned subsection 2, I understood it and you mentioned also if somebody's sitting in the park for two hours, that's a different scenario than in a public right of way. What if somebody's encamped in a park or encamped in a drainage somewhere that's public property? Christopher Spera: The other sections of the Code have not changed. Those types of things remain unlawful.This does not make anything that was previously unlawful lawful.What it does is it makes this type of conduct clearly unlawful. I think there was a gap that we're trying to close with respect to a particular type of conduct. Council Member Fox: Thanks. Mayor Burk: All right. Any other questions. Christopher Spera: Chief, did I miss anything or anything else you want to add? Mayor Burk: Do I have a motion?Who moved it? Mr. Martinez. Council Member Martinez: [unintelligible] motion. Mayor Burk: Proposed a motion to adopt. I move we adopted proposed hearing.Vice Mayor Martinez. Oh, shoot. Chris Spera: The public hearing part. Page 17 I May 24, 2022 Mayor Burk: Is there anybody in the public-- No one has signed up to speak. Is there anybody in the public that would like to speak to this? No.All right. I close the public hearing. I tried. Christopher Spera: I'm not in a position to criticize you after I started speaking too soon. Mayor Burk: All right. I close the public hearing. Vice Mayor Martinez, you're making the motion. Is there a second? Council Member Nacy: Second. Mayor Burk: Seconded by Council Member Nacy. All in favor. Members:Aye. Mayor Burk: Opposed. That passes 7-0. Thank you. Christopher Spera: Thank you. Mayor Burk: All right. That takes us to future Council Member meetings agenda topics. Ms. Fox, do you have anything? Council Member Fox: No. Mayor Burk: Do you have any remarks, disclosures? No. You're still no. Mr. Steinberg. Council Member Steinberg: Actually, I have some remarks for a change. The other evening, I was asked by a resident, weren't we as a Council really happy by the fact that we were no longer dealing with the political hot potato of the Leesburg Mobile Home Park. I said, Well, you know, actually we're not so happy. It wasn't that we were unhappy to have to deal with it. What we tend to be unhappy with is the fact that we can't come up with a viable solution for affordable housing. Then curiously enough, almost the next day, in the paper, we see that the Board of Supervisors is entertaining what I consider a very interesting option of busing people from faraway places to work in the Town,which strikes me as a fail policy from the beginning. The only comment I would make is it's still an issue that requires our attention.We have to work much harder on it and we need to succeed in being able to work out a solution for affordable dwelling within the Town of Leesburg. Thank you. Mayor Burk: Mr. Cummings. Council Member Cummings: Thanks. No comments. Just one future meeting topic. I'd like to see if I can get four head nods for discussion on creating a zoning classification for data centers within the Town. Mayor Burk: All right. You want a discussion on actually creating the zoning because right now we cannot do zoning for data centers at a future meeting. Are there four people that would be interested in doing that? Everybody's in favor of that one. Mr. Martinez, I'm not going to forget you. Do you have anything? It's on? Vice Mayor Martinez: [inaudible] It's always been on I just wasn't talking to it. Mayor Burk: Okay. Just tell us about the project. Vice Mayor Martinez:You are so obtuse.Anyway, security at the airport. He's concerned that there is real no perimeter fencing that's going to stop somebody from walking on the tarmac and stealing a plane or hijacking a plane or doing anything in the lobby. Also, at that same vein security at Council Page 18 I May 24, 2022 with all these shootings going on and stuff, those things are real and I just wanted to know if there's some way we can get discussions on those in the future. Kaj Dentler: I can very quickly Council's already directed staff to do a security assessment with a security consultant and Mr. Markel is working on that and will be reporting back to Council. Vice Mayor Martinez: Does that include the airport? Kaj Dentler:Yes, sir. There is that concern. Noted. Vice Mayor Martinez: I know we're doing some security assessment but-- Kaj Dentler: It's underway now as we speak. Christopher Spera: Then also Mr. Martinez at the airport one of the gaps we were seeking to close, we actually did have an incident at the airport where there was trespassing and the judge declined to prosecute it. Declined to convict the gentleman and it was a pretty technical interpretation by the judge that basically this happened very early in the morning when only our FBO staff-- Basically,a third-party contractor was present at the facility.What we've done is we created a delegation letter from the Airport Director to the FBOs to allow them to enforce the posted signage for trespassing so that a conviction could be had based upon the refusal to obey an order from the FBO.That's a step that we've taken that doesn't really go to the physical measures for security but it does help us have additional eyes that would help us enforce the posted signage. Vice Mayor Martinez: I also want to make sure that on the other side of the runway not just on the terminal side but on the other side of the runway, that we also have those security protections on that side too. Thank you. Mayor Burk: Not to interrupt but I will tell you the director Julia Obrien was very grateful for having that delegation letter. She said please let everybody know they were delighted, Mr. Bagdasarian. Council Member Bagdasarian: Yes. Just a few comments nothing to add just a few hours away we had another mass shooting last week in my hometown in Buffalo there was another mass shooting.The crazy thing is that just yesterday the FBI released their annual report on active shooter incidents and just last year alone they went up 50%and this year it's also we're breaking every single record. Pardon my French but this crap means to stop. There's not just a"silver bullet." There are so many aspects to this thing but I hate saying my thoughts and prayers go out to the folks at Robb Elementary School but we're going to reach out to them because I know the families of Virginia Tech that lost their children, they're equipped to help families of school mass shootings other places. We thought that was the last one but obviously, it's going to continue to happen and it will happen again unless action happens.We got to get to zero. Thank you. Mayor Burk: Nacy. Council Member Nacy: Thank you. I don't have any disclosures or additions to future meetings. I just wanted to tell everyone, I'm the one that laid the little bracelet. It's a thin red line and a thin blue line. I got them for us to wear during the month of May and just kept forgetting to bring them.You get to wear it for Police Week and International Firefighter Day for six days for me. [laughs]. Mayor Burk: We appreciate that thank you. On May 17, I participated in Roy Rogers reopening. They have done renovations to their facility and the staff is ready and willing to serve you. It's a very lovely improvement that they made and we appreciate them investing in Leesburg. On the 18th Chick-fil-A honored our veterans in Leesburg by providing them with free dinner for themselves and their families in both locations. Page 19 I May 24, 2022 I want to thank staff of Chick-fil-A for doing that. On May 20th, I want to thank the NAACP for their vigil to honor and remember the victims of Buffalo shooting. It seems like this should be simply a weekly thing right now since we seem to value guns more than people and we're willing to allow our children to be killed, our residents to be gunned down and our church leaders to be slaughtered. There are just too many to even mention them all. On May 21st,was Kids to Parks Day and thanks to the Park and Rec staff. Thanks to Paul Sheaffer for joining me and some children that helped plant a garden to beautify Ida Lee. It's right by the old farmhouse. It's really beautiful. It was a lot of fun. May 22nd the County held a successful Latino Festival. I hear rumors that there were individuals dancing around but I'm sure that's not true.There were loads of people there and lots of information. It was a very successful event and very useful. Today I joined the DAR at Morven Park in dedicating the swamp white oak tree that was planted there in 2003 but was identified incorrectly. It is from the Mount Vernon and from one of the trees at Mount Vernon. They were all very excited to have the correct identification for this tree. I cannot end without expressing my despair at the actions of yet another shooter. [pause] Kaj Dentler:Very briefly,different topic. I want to recognize the Public Works Department. We received at the American Public Works Association Conference in Virginia Beach last week. For 2022, for projects that are 5 million to 25 million, the Town received an honorable mention award for the West Market Sidewalk Project.There's another opportunity for the future.Then for the Route 7 and Battlefield Parkway Interchange Project, an Engineering Excellence Award was presented to the Town. Obviously, this recognizes the hard work of the staff and our consultants. Also want to compliment the Council because you have to have had the vision first, and the commitment to pass the funding for these projects. Certainly, the West Market Project, if you go back in time, you had to make a difficult decision that allowed us to close the street. That's part of the excellence award. That's unusual for communities to do. Painful for a little while but it was important. On the Interchange Project, a lot of you and previous Council Members were greatly involved with the lobbying and the effort to continue to drive home the message to the County and NBTA, and VDOT that funding was needed for that interchange because it would not have happened if Council did not step forward.Although staff are the ones that designed it etc., I do recognize that the Council was a big part of making sure that this is a project you wanted. Compliments to our staff and to the Council for these two excellent projects that will be part of our infrastructure for a long time. Mayor Burk: Motion to adjourn. Second by Mr. Steinberg, all in favor. Members: Aye. Mayor Burk: Opposed?We're done. Page 20 I May 24,2022