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TOWN OF LEESBURG Town Hall, 25 West Market Street AGENDA Town Council Meeting June 28, 2022 7:00 PM Council Chamber 1. CALL TO ORDER 2. INVOCATION a. Council Member Cummings 3. SALUTE TO THE FLAG a. Vice Mayor Martinez 4. ROLL CALL MOTION I move to electronically allow Council Member Nacy to electronically participate in the June 28, 2022, Town Council meeting. 5. MINUTES a. Work Session Minutes of June 13, 2022 b. Regular Session Minutes of June 14, 2022 6. ADOPTING THE MEETING AGENDA (AMENDMENTS AND DELETIONS) 7. CERTIFICATES OF RECOGNITION 8. PROCLAMATIONS a. Motion to Approve the Proclamation to Recognize Local Foster Parents Ashley and Richard Harper (Sponsor: Council Member Fox) MOTION I move to approve the Proclamation to Recognize Local Foster Parents Ashley and Richard Harper to be presented at the July 12, 2022, Town Council Meeting. 9. PRESENTATIONS a. Public Input Session - Police Citizen Task Force 10. REGIONAL COMMISSION REPORTS 11. PETITIONERS 1 -2- 12. APPROVAL OF THE CONSENT AGENDA a. Agreements with The Evergreene Companies, LLC to Facilitate Installation of Stormwater Infrastructure Associated with Residential Development RESOLUTION Approving Encroachment Agreement with The Evergreene Companies, LLC and RESOLUTION Approving Offsite Stormwater Infrastructure Installation Agreement with The Evergreene Companies, LLC b. Pavement Marking Services Contract Award RESOLUTION Awarding the Pavement Marking Continuing Services Contract for Town Roads and Streets and for the Leesburg Executive Airport to Mullen’s Markings, Inc. of Culpeper, Virginia in the amount of $126,849 and Appropriating $29,849 from the Fiscal Year 2022 Pavement Marking Program to the Fiscal Year 2023 Budget c. Airport North Apron Paving – Hangars C & D Rehabilitation RESOLUTION Approve a Supplemental Appropriation in the amount of $30,000 and Authorize a Virginia Department of Aviation Grant Agreement in the amount of $104,000 for the North Apron Paving Hangars C & D Rehabilitation Project d. Appointment to the Technology and Communications Commission RESOLUTION Appointing Chris Grandjean to the Technology and Communications Commission 13. RESOLUTIONS / ORDINANCES / MOTIONS a. Special Event Fee Waiver for Artistic Fuel: Ties That Bind Benefit for Uvalde RESOLUTION Waiving Special Event Fees for the Artistic Fuel: Ties That Bind Benefit for Uvalde to be Held on August 27, 2022, with a rain date of August 28, 2022 b. Crescent District Master Plan Update RESOLUTION Crescent District Master Plan Update c. Black History Mural Proposal MOTION I move to authorize Carmen Felder to proceed with the proposed Black History Mural project on the east facing wall of the Loudoun Museum building. 2 -3- d. Removal of Commission on Public Art Member Minu Beijan MOTION I move to remove Minu Beijan from the Commission on Public Art effective June 28, 2022. e. Removal of Commission on Public Art Member James Garofalo MOTION I move to remove James Garofalo from the Commission on Public Art effective June 28, 2022. f. Removal of Commission on Public Art Member Kareem McCullough MOTION I move to remove Kareem McCullough from the Commission on Public Art effective June 28, 2022. 14. PUBLIC HEARINGS a. Expansion of the Golf Cart Service Area ORDINANCE Amending Town Code Sections 22-121, -122 and -123 regarding the use of Golf Carts on Town Streets 15. UNFINISHED BUSINESS 16. NEW BUSINESS 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS a. Future Council Meetings and Agenda Topics 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS 19. TOWN MANAGER COMMENTS 20. CLOSED SESSION 21. ADJOURNMENT ASSISTIVE LISTENING SYSTEM Qualified individuals with a disability who require a reasonable accommodation to attend and/or participate in this meeting should contact the Clerk of Council at eboeing@leesburgva.gov or 703-771-2733 to request the accommodation. Three days advance notice is requested. Meetings are broadcast live on the Town’s local government access cable TV channel (Comcast 67 and Verizon 35) and streamed live on the website at www.leesburgva.gov/webcasts. All Town Council, Board and Commission meetings are recorded and can be found on the Town’s Web site at www.leesburgva.gov. 3 -4- REGULARLY SCHEDULED COUNCIL MEETINGS Citizens are invited to attend and participate in Town Council meetings. The petitioner’s portion of the meeting and scheduled public hearings offer the public two opportunities to present its views to the Council during its meeting. Petitioners The petitioners’ portion of the Council agenda is the first item addressed by the Council following proclamations, certificates of appreciation, regional commission reports and presentations. This part of the meeting gives individuals the opportunity to address the Council on any matter not scheduled for a public hearing. Prior to the meeting, citizens wishing to speak should sign up on the Town’s Web site at https://www.leesburgva.gov/government/mayor- council/current-council-agenda by 4:00 p.m. the day of the meeting or on the signup sheet in the hallway outside of the Council Chamber the night of the meeting. The Mayor will give anyone the opportunity to speak that did not get a chance to sign up. Petitioners’ comments are limited to between three and five minutes at the Mayor’s discretion. Public Hearings Certain Town business items can only be conducted after the Town Council holds an advertised public hearing. Certain major issues affecting the Town’s government can also be scheduled for public hearing at Council’s discretion. Adoption of the Town budget, rezonings, special exceptions and amendments to the Town’s subdivision and zoning ordinances all require a public hearing. Prior to the meeting, citizens wishing to speak at a public hearing may sign up on the Town’s Web site at https://www.leesburgva.gov/government/mayor-council/current-council-agenda by 4:00 p.m. the day of the meeting or on the signup sheet in the hallway outside of the Council Chamber the night of the meeting. The Mayor will give anyone the opportunity to speak who did not get a chance to sign up. Public hearing comments should be limited to the topic of the public hearing and speakers will be given between three and five minutes at the Mayor’s discretion. If you wish to speak at more than one public hearing, you must sign up for each hearing separately. Decorum A person addressing the Council as a petitioner, or during a public hearing, should advance to the podium when recognized by the Mayor and state and spell his or her name for the purpose of closed captioning. If comfortable doing so, speakers should provide their address for the record. Persons should also indicate whether they are representing anyone other than themselves. Decorum will be maintained. Statements, which are demeaning or defamatory to members of the public, the staff or the Council, are inappropriate and out of order. OTHER COUNCIL MEETINGS Work Sessions Council meets twice per month, or more often as necessary, to discuss items that are placed on the agenda at the desire of the majority of Council present. Items are typically discussed at a meeting at least two weeks into the future but items may be added in a shorter time frame in accordance with Council’s adopted rules and procedures. Closed Sessions Under certain circumstances, the Virginia Freedom of Information Act permits the Town Council to meet in a session where the public is excluded. This may be a discussion of personnel matters, legal matters, the acquisition or sale of property and other selected topics. The Council can only go into closed session to discuss topics specifically exempted from the open meeting requirements and all closed sessions must be properly noticed and appropriate Code sections cited as to the specific statutory authority to go into closed session. The notice must also include the general topics to be discussed. Only those matters in the adopted motion to go into closed session can be discussed and members in attendance must certify that only those topics were discussed when they return to an open session. TOWN COUNCIL AGENDA MATERIALS Council agenda materials are available to citizens by end of day Wednesday immediately preceding the set of Council Meetings. Council agenda materials are posted to the Town Web site at https://www.leesburgva.gov/government/mayor-council/current-council-agenda. Meeting agenda packets are available for public inspection in the lobby of Town Hall on Wednesdays prior to the scheduled meeting. Council agendas can also be viewed on the Town’s Web site at https://www.leesburgva.gov/government/mayor- council/current-council-agenda. 4 Council Work Session June 13, 2022 1 | P a g e 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, Deputy Town Manager Keith Markel, Town Attorney Christopher Spera, Director of Public Works and Capital Projects Renee LaFollette, Public Works and Capital Projects Assistant Director of Operations Chris Kohr, and Clerk of Council Eileen Boeing. Minutes prepared by Deputy Clerk of Council Corina Alvarez. AGENDA ITEMS 1. Items for Discussion a. Town Code Related to Property Lines and Use of Town ROW/Utility Strip Ms. Renee LaFollette gave a presentation on Town Code Section 28-32, property boundaries, and utility strip landscaping. Council and staff discussed the item. There was no Council consensus to continue discussions on this item. b. Electric Vehicles for Town Fleet Mr. Chris Kohr gave a presentation on staff’s research regarding electric vehicles, the Town’s current fleet evaluation, cost comparisons based on vehicle type, asset replacement costs, charging stations, training, and other considerations. Council and staff discussed the item. It was the consensus of Council to continue future discussions on this item. 2. Additions to Future Council Meetings Council Member Bagdasarian requested to add steps for non-Town initiated art projects to the Town’s Public Art Guidelines. There was no consensus to add this item. Council Member Steinberg requested a future Work Session discussion on a Pilot Electric Vehicle Program. There was consensus to add this to a future Work Session for discussion. 5 Item a. Council Work Session June 13, 2022 2 | P a g e Vice Mayor Martinez requested a motion be added to the next Council agenda to remove Public Art Commissioner Minu Beijan. No consensus needed to add a Motion. This item will be added to the June 28, 2022, Council agenda. Vice Mayor Martinez noted Loudoun County Public Schools (LCPS) would not have a food distribution site in Leesburg for the Summer Meal Program. No further action required for this item. Vice Mayor Martinez requested Council discuss what action can be taken at the intersection of Plaza Street and Battlefield Parkway. Staff clarified with the Vice Mayor, after the meeting, that he intended to state the intersection of Catoctin Circle and Battlefield Plaza. It was the consensus of Council to add this to a future Work Session for discussion. Council Member Steinberg requested a motion to be added to the next Council agenda to remove Public Art Commissioner James Garofalo. No consensus needed to add a Motion. This item to be added to the June 28, 2022, Council agenda. Council Member Fox requested a Work Session discussion to add a right-turn lane on Catoctin Circle onto W. Market Street near the church. It was the consensus of Council to add this item to a future Work Session for discussion. Mayor Burk requested a proclamation be added to the June 14 Council agenda for the 248th Commemoration of the Loudoun County Resolves. It was the consensus of Council to add this item to the June 14, 2022, Council meeting. Mayor Burk requested a vote on the Black History Mural at the June 28, 2022, Council meeting. It was the consensus of Council to add this to the June 28, 2022, Council Meeting. 3. Adjournment On a motion by Council Member Bagdasarian, seconded by Council Member Cummings, the meeting was adjourned at 7:50 p.m. Clerk of Council 2022_tcwsmin0613 6 Item a. Page 1| June 13, 2022 June 13, 2022 – Town Council Work Session (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: Let us start our Leesburg Town Council work session of June 13. Our first item for discussion tonight is Town Code Related to Property Lines and the Use of the Right of Way in Utility Strips. Renee LaFollette: Madam Mayor, Members of Town Council. Tonight, we will be discussion exactly that, Code Related to Property Lanes and Use of Town Right of Way or the Utility Strip. We’ll start with talking about Town Code Section 28.32 which is about the points of collection for our trash toters. What constitutes a property boundaries, the front and side property boundaries. A few utility strip examples, our staff recommendation and then our discussion. So, Town Code Section 28-32 was amended by ordinance in June of 2019 right before we did the new contract with Patriot and started the toters. To be more specific about where the toters were to be placed which the highlighted section for single- family detached homes all refuse and garbage should be place in either the front of the home or along the side boundary of the home. The intent of this was for the collection to be in front of the property not necessarily the home. So, if we look at this here, we are taking the property boundaries and extending them to the street. So, the homeowner should be placing their toters somewhere between those property lines extended to the street. Where we are getting to a little bit of a challenge sometimes is where you see this parking space, right here, if the property owner is placing their toters, in this example to the right side or left side of their driveway, you’re facing a driveway you shrink that parking space. We have a number of services in Town where we have to place things at the street for collection. Not only trash and recycling but brush collection or fall bulk leaf collection, all of which is a minimal amount of time that things are on the street. So, for this particular example if we have somebody crowding a driveway for example, the car is parking too close their neighbor’s driveway that resident may put their toters at the end of their driveway to keep their neighbor from crowding their driveway, so they have easier access in and out of their driveway. For our trash toters we do have a separate section in the Town Code, 28-33 for timing of placement, not out before 4:00 PM, and to be collected within 12 hours of the trash collection. We're talking about a real short period of time. When we talk about side boundaries to the property, we're talking about a corner property. You have the front of the house, which is what their address point is, and then the side boundary is the side that's on the other road. This property owner could put their trash toters anywhere along that frontage. They have a little bit longer area that they can utilize for collection. A few examples going around Town in the utility strip for example, the utility strip in the sidewalk in most areas in Town are within the public right of way. The property line stops at the backside of the property. Town Code and the Design and Construction Standards Manual and the SLDR are silent about landscaping within the utility strip. When driving around Town in these particular examples, you can see, we have utility poles in this narrow strip. We have bushes, we have flowers around mailboxes, we have light poles. There are examples like that all around Town. It's staff's opinion that this isn't an issue for points of collection throughout Town. We have one, maybe two residents that complain on a regular basis about these points of collection, but we have to define somehow where these points of collection are going to be. The toters are numbered and they're assigned to specific addresses. The utility strips, we have a number of areas in Town where we have street trees planted in the utility strips and in those neighborhoods, we get no complaints about people not being able to park or being able to get in and out of their vehicles. With the Town Code being silent on the landscaping in the utility strip, the DCSM also, which is our standards that we follow when we're designing new roads, staff doesn't feel that there is a need at this time to do anything with either points of collection or the utility strip section of the Code. With that, I'll open it up to any questions. 7 Item a. Page 2| June 13, 2022 Mayor Burk: My first question is why are we looking at this? Why is this an issue? Renee LaFollette: I will get into that if you think I should get into that. Christopher Spera: Well, why don't you let me address that, Renee. Renee LaFollette: Okay. Christopher Spera: Madam Mayor, you may recall we had a resident come in the petitioners section one evening, perhaps two months ago, and that resident raised this issue. The resident was urging us to change the Town Code. If we go back to Renee's initial drawing, to confine the placement of the toters based on an extension of the borders of the structure, as opposed to the borders of the property. To address that parking issue that Renee circled in the diagram. This was something that was proposed by a citizen, and after the citizen spoke to that, there was a request that we put it on for a work session. Mayor Burk: Let me understand this. There was a request because this one resident puts out their toters and the other resident doesn't feel there's a place for them to park on the street? Renee LaFollette: In essence, this resident here, places their toters just to the right side of their driveway- Mayor Burk: Which is what the regulation says. Renee LaFollette: - because their neighbor crowds their driveway when they park in that spot. They believe that that is their parking spot on a public street. Mayor Burk: Are the toters there 24 hours a day? Renee LaFollette: No, they're placed out on trash day and pulled back in. There were two instances where the resident put one toter on each side of the vehicle, she was sent a certified letter, and that issue has been resolved. Mayor Burk: Oh, okay. I think that's something we all deal with that live in neighborhoods like this. You end up putting them on the side and your brush and that sort of thing. All right. Any other questions on this. Mr. Martinez? No. No. Yes, Ms. Fox. Council Member Suzanne Fox: Just a real quick question. As I understand it, there's no restriction to who can park anywhere in front. Correct? Renee LaFollette: Correct. It is a public street, there is no assigned parking on a public street. Anyone could park there. Even when you do residential permit parking, there's no assigned parking spot. Council Member Fox: Except they have their driveway, they have their garage. Renee LaFollette: They have their driveway, they have their garage. These particular houses have two-car garages and two-car spaces or more within their driveway. Council Member Fox: Mr. Spera, has this been communicated to the resident? Christopher Spera: Multiple times, yes, ma'am. There's been communication multiple times from our office once in 2019, once in 2021. Council Member Fox: All right, thank you. Mayor Burk: I think I need to correct you. From the picture, it looks like they have one car garage, not two. Renee LaFollette: They're both actually two-car garages. No? 8 Item a. Page 3| June 13, 2022 Mayor Burk: No. Renee LaFollette: Okay. The one on the green has a single car. The one on the other side is a two- car garage. She has two cars in front and two in the driveway. Mayor Burk: I don't think that's two. I think it's one. Renee LaFollette: Okay. She had two cars in her garage. Mayor Burk: They must be little cars. Renee LaFollette: She has space in her garage, in her driveway, and is insisting on parking only in that space. Mayor Burk: Okay. All right. Mr. Martinez? Vice Mayor Fernando “Marty” Martinez: The utility strip belongs to the Town, and we can govern what goes on a utility strip other than grass. Renee LaFollette: Yes. Vice Mayor Martinez: The Post Office uses the utility strip for their mailboxes. Renee LaFollette: Yes. That's the only thing pulled out in the DCSM for the utility strip specific. Vice Mayor Martinez: Is there any issues with plants around the mailbox? Renee LaFollette: As I said, the Town Code and the DCSM are silent on landscaping within the utility strip. Vice Mayor Martinez: Would it be advantageous for the Town to do something about that, saying you can't put this kind of plants and stuff? The only reason I'm asking is I know there's been several times I've parked in front of friends' houses, and they got bushes in front of it and other things, and you have to walk around to get to the walkway. Then, I heard that somebody planted rose bushes on the utility strip. I just wondered if it'd be advantageous for us to say something like you can't plant anything that obstructs a person's ability to cross it. Renee LaFollette: It comes down to enforcement. I don't have the staff to go out and enforce any addition to the Town Code about restrictions or telling people they can or cannot plant in the utility strip. As long as the ADA width of the sidewalk is not blocked, that's the primary concern. Vice Mayor Martinez: Okay. I was just asking. I doubt if there ever will be a problem in the Town, but I do know that there's some plants, flowers that the bees love around the post office box, and some of our post office people get really angry when they get a couple of bee stings, so I just thought I'd ask. Mayor Burk: Yes, Mr…? Council Member Neil Steinberg: I have to assume most of these events would be complaint driven. For example, I saw in one of your illustrations what looked like a boxwood or something, and it was definitely growing into the pedestrian right of way regarding the sidewalk. Obviously, we're not going to drive around looking for things like that, but if it were complaint-driven, then that would take care of it. I believe the Code does say if the property owner plants within the right of way and for whatever reason, the Town has to remove those plantings, then that's on the property owner. Is that not correct? However, I assume some trees might actually cause disruption, say, for example, to the sidewalk. Are we going to just wait for that to happen and not worry about it at this particular time then? Should it happen, that's all. 9 Item a. Page 4| June 13, 2022 Christopher Spera: I think our responsibility particularly with respect to trees because trees can block vision, and they can create potentially, like if a tree is at a corner or near a corner and you can't see when you're driving around the corner kind of thing. Council Member Steinberg: I was actually thinking more in terms of root systems actually lifting the sidewalk. That's all. Christopher Spera: Then if that disrupted the sidewalk going to a hazardous condition, whether it be obstruction of vision or impairing pedestrian access through a crack caused by the roots, then we're a property owner, and we if we have notice of the hazardous condition, we have to repair it. Council Member Steinberg: Okay. Out of curiosity, in the actual manual, are there illustrations included that demonstrate where the trash receptacles and whatnot are supposed to be placed? The only reason I ask is the language is just a little tough to parse sometimes and without illustrations may be harder to understand. I don't know if it would be helpful to the residents if we included a few illustrations in this case. Just a thought. Renee LaFollette: There are no illustrations in the DCSM or there's no illustrations in the Town Code that I'm aware of. Council Member Steinberg: Okay. Is there a reason for that or we just don't do it? Renee LaFollette: In the 22 years that I've been on Town staff, this is an issue that hasn't come up on a regular basis. This is one of those I'll call a one-off issue that one person has a particular issue with and is trying to push for changes. Council Member Steinberg: Okay. All right. Thanks. Mayor Burk: Mr. Martinez? Vice Mayor Martinez: It's complaint-driven, and this is strictly a staff administrative action. Doesn't come before the Council, but the reason we're addressing this is because a petitioner brought it up? Renee LaFollette: Yes. Vice Mayor Martinez: Okay. Just want to make that clear. Thank you. Mayor Burk: All right. I guess that's it. It doesn't appear that there's any action that is deemed necessary at this point. Thank you very much, appreciate the report. Our next item is the Electric Vehicles for Town Fleet. You don't look like Renee. Chris Kohr: Good evening, Mayor. Mayor Burk: It says Renee here. Renee LaFollette: Well, I'll introduce. Chris Kohr is the Assistant Director of Operations, so Streets, Fleets, and Buildings report to him, and he's a little closer to this issue than I am, so I've asked him to do the presentation. Mayor Burk: Fair enough. Chris Kohr: Good evening, it's good to be here. As you read, this is about electric vehicles in the Town fleet. Mr. Cummings approached us or asked in a previous session for this to be investigated at least preliminarily. We did some preliminary work and bring some data to you so you can discuss about this further. Some of the things that we've done since Mr. Cummings reached out to us, we did a preliminary fleet classification. We took the entire fleet asset database and assigned each asset a classification that kind of correlates with the literature so it's a little bit easier to talk apples and apples. We did take the DRVE Tool that was brought to our attention through the Electrification Coalition. 10 Item a. Page 5| June 13, 2022 I applied that tool to our fleet database this weekend just to get some preliminary information. We updated our charging station costs. We two years ago I think did a brief study on adding charging stations to Ida Lee, the parking garage, and before Liberty Street was the third location. Then, we reached out to both Dominion Power and other jurisdictions to get information on what they do, some hurdles they've run into, and what their recommendations were for moving forward. We also reached out to Manassas to talk to them about they have a couple hybrid vehicles in their police fleet. Lieutenant Thompson was gracious enough to reach out to the Prince William racetrack or the training track that police use to test-drive vehicles and train recruits. He's working on scheduling a test drive with Leesburg PD of hybrid vehicles. They have two hybrid vehicles at their track that they're going to test out. This is a breakdown of the fleet as it stands today. I'm not going to go into the details here. The big takeaway though is that of the vehicles that are available on the market today, there's about 130 vehicles in our fleet that we could go out and actually purchase today. Not all of those vehicles though are really suitable for an electric application. We did a take-off of any police vehicles, any vehicles that would be engaged in an emergency situation where we wouldn't be able to stop in a 24-hour operation. We came up with approximately 22 vehicles that realistically could be electrified today. It's about 4.6% of the fleet. This is one of the outputs of the Electrification Coalition's DRVE Tool, and it actually by no plan of mine came out with 131 vehicles, which is what matched our assessment. You can see here in what I'm highlighting here is the vehicles that that tool projects as being more cost-effective in an electric format over the life cycle of that vehicle. I am not familiar with the data that they use in the background, I'm not familiar with the modeling calculations that they use to come to these conclusions, but these are the vehicle types that in our database, in our fleet, they recommended as possibly saving the Town money over the course of the life of that asset. Our fleet superintendent and supervisors went out and priced those assets, both through Sourcewell, Virginia Sheriff's Association are two contracts that we use a lot in Town for procurement of vehicles. I'm not going to bore you with all of this but generally hybrid vehicles on average are about 24% more expensive than the standard gasoline or diesel model. Full electric are almost double depending on the model of vehicle that you would look to get. One of the concerns that we have and this chart illustrates this, we're currently replacing about 17 fleet assets a year, and with 468 assets, it would take us about 20-some years to replace the full fleet. Adding electric vehicles to that Capital Asset Replacement list every year puts us into a bit of a bind. Because of the nature of the batteries and those vehicles, you do have to replace them before those vehicles go out of warranty. That's what a lot of jurisdictions are doing because the batteries are very expensive to replace. They're very expensive to dispose of. Loudoun County Landfill will not take those batteries because they're considered hazardous waste. It would be advantageous for us at the time at least to offload those vehicles before the battery replacement is necessary. Then if you look at just the light-duty fleet, you can see we're replacing anywhere from about 3 to 12. If we would convert those 130 light-duty vehicles to full electric, you're really looking at replacing about 26 vehicles per year on a five to seven-year replacement schedule. We're nowhere near that right now. It's just a heads up to you all that if we would go this route, there'd be some impacts to the Capital Asset Replacement Budget to stay on top of this. This is just a rough figure to show the age of our fleet as it stands today. The average age of the fleet is around seven years old but we have equipment that goes back to at least 1984. There are some assets that are in need of replacement before we even consider going electric. Some considerations after talking to some towns, we did some research on what training we could get for our staff. We're not currently trained up to maintain a fleet that is electric or hybrid. We recently found ATG is a company out of San Diego that will actually come to the facility and train your staff with the actual asset. We can do that for about $10K for the first year. Staff tools. We looked at what tools other jurisdictions have purchased from battery maintenance tools to tools that protect the employees when they're working on the electric vehicles which are hazardous in certain situations. The cost of those tools would be about $20K for the first year, and we expect about a $4K tool replacement going forward. We talked about warranties already, battery replacement and disposal. Cold-weather impacts is something that we'll have to think about for these vehicles. There's about a 11 Item a. Page 6| June 13, 2022 30% reduction in the battery capacity during very cold weather, and they also charge more slowly. It was one of the things that came out of I think the Iowa White Paper. Another consideration, charging infrastructure. This really gets a little bit complex because after talking with Dominion, there's a lot of unknowns both from what charger you choose. There's Level II, there's Level III, there's all different types of chargers that can basically charge the vehicle over the course of the day or can charge within 15 minutes. Some of the fastest chargers can charge pretty quickly. It depends on your application, which chargers you get, and how many obviously you need will depend on any electric vehicles that you actually have on the fleet. Once you determine those variables, you have to basically get a load letter from an electrician and they will back into a capacity for the transformer for either that site or that building, and there may be a cost associated with that. Typically, Dominion does an analysis to figure out how much money they're going to get out of implementing that transformer, and then there's a cost-sharing that the Town would have to incur. Backup power is something to think about if the Town would lose power. For the at least emergency response vehicles, you'd have to have some way to keep those cars running. Grants and rebates are something we would recommend looking into because I'm sure there's State and Federal grants that might help facilitate the cost of some of this stuff. Excuse me. That was it just under 10 minutes. Not quite 10 minutes, sorry. Mayor Burk: Thank you- Chris Kohr: Yes, ma'am. Mayor Burk: -very much. Is there any questions on this report? Any questions around this side? Any questions. Mr. Cummings? Council Member Zach Cummings: Yes. Thank you. Thank you for putting this all together. I just had some questions a little bit on the fleet focused mainly on the, and I think it's what you focused on as well after you went into the Electrification Coalition, with our light-duty cars, SUVs, and some of the trucks and I think the vans. Do we know what's the average mileage driven by those vehicles? Chris Kohr: Yes. We didn't have time to do a full average across each fleet class, but I did take before I came here this afternoon a rough sample. A PD interceptor, about 18K miles a year, and it's going to range a lot depending on what that officer's car is doing, whether it's an admin vehicle, or whether it's an on-the-street vehicle, a marked vehicle, and running 24 hours a day. A utilities ranger, which is the smaller duty truck, everything else is around 7K miles. Council Member Cummings: Okay, and then, the light-duty vehicles, are they housed typically here on Town property or at the PD, or do they take them home at night? How are we housing our fleet? Chris Kohr: The vast majority of the fleet remains on site. There's a handful of vehicles that are considered take-home vehicles. The Chief, I think the Mayor. Mayor Burk: Not the Mayor. Chris Kohr: I'm sorry, excuse me. The Chief and Major. Thank you. The Emergency Manager and there's a couple in utilities because they have 24-hour response. The vast majority now stays on Town property. Council Member Cummings: Then, I know, in the fiscal year '23, we budgeted $1.576M for the fleet maintenance. Do we know how much of that is for those light-duty, the cars, SUVs? Is that broken down? Chris Kohr: It's not because the budget varies so wildly through each year depending on what vehicles need the maintenance at that given time. I went back through the current fiscal year, and about 40% of our work order cost is associated with the light-duty, and then 60% is everything else. That's the best I could give you for tonight. 12 Item a. Page 7| June 13, 2022 Council Member Cummings: Then, I guess my final question it's a general question. Where do we budget gasoline purchase? Chris Kohr: Within fleet. Council Member Cummings: It's within that $1.576M for [inaudible]? Chris Kohr: Yes, we budgeted I think $325K in FY23, because of the increase in gas cost this year, we're probably going to be around $370K by the end of the fiscal year. I have a feeling that next year, we're going to also have to add to that line item. Council Member Cummings: It's not getting any cheaper. Okay. I just appreciate your presentation and all the information. I know it's a lot of cars there in the fleet. I brought this item up and I believe it's important for us to start the process. I won't say I think. I was very ambitious saying 10 years. It'd be 10 years to even get a plan together probably. Mayor Burk: I thought you said five. Council Member Cummings: Well, no. Ten. I wasn't that ambitious. Having read through some of the White Papers provided by the Electrification Coalition and Sourcewell and then there's a few others that I found online as well, I think it not only saves us money, but 90% of carbon emissions are from the cities, and a lot of those are fleet cars that are-- Every government has multiple cars that they use. I think we as a town moving forward and 30 years, maybe 50 years I'll even allow, we can I think begin the process of not only electrifying our fleet but also looking at ways to provide private electrification for our residents as far as with charging. One of the things that you see some of these communities doing is looking at some sort of franchise agreement with these charging companies out there that are charging, that-- You can pull up pay to do a fast charge like you were talking about where it charges a full charge in an hour, or not even an hour, 30 minutes, or 15. What I would like to see us do is engage this Electrification Coalition because they seem to be pretty active with towns and cities, and just have them assess our fleet and begin that process. Beyond that, then I'd also like to see us look because there's not a cost to it today, but as we're discussing the new police station, public works, any expansion that utilities plans, is what we do is we try to look for at least a pencil in charging stations and things again for the future that we can be ready for that as we move forward. Then, the big-ticket thing, as you talked about if something happened with power outages or anything, is looking at also ways to produce our own energy to charge our car. Solar or a battery system where we have solar that then goes into a battery. Again, not in five years, not in 10 years, and maybe 30 or 50 years, we can save our taxpayers' dollars by not paying for gasoline that's going to only get more and more volatile in pricing. Also, we can do our part to cut down on greenhouse gas emissions and just keep pushing towards the future. Those are the things that I'd like to see us do from this. Maybe before my time, I can drive around in a hybrid or an electric Town fleet car. Mayor Burk: Mr. Steinberg? Council Member Steinberg: Thank you, Mayor Burk, whom I believe parks her car in her new office, by the way, so I'm sure it's a Town car. Yes, this is a very important topic. I have to say, I find this report to be a little bit on the negative side. I realize we are in an exploratory stage and I appreciate Councilman Cummings comments, but in my opinion, the future is right now. I read both the White Papers from Des Moines and Charlotte, they're pretty quick reads. They are admittedly much larger municipalities than we are I think populations of 750K, 800K respectively, and fleets that run into the 1Ks. I think Des Moines have begun their project in 2009, so they have a lot to build on and they are certainly further along than we are. There's some very interesting comments in those reports. Before I get to that, looking at your slide about the existing Town fleet, why are we including the attachments and the accessories as part of this equation? We're going to need those whether they're electric vehicles or not. How do these attachments and accessories figure into this? 13 Item a. Page 8| June 13, 2022 Chris Kohr: They don't. We track anything basically over $5K that fleets maintains as part of our database. That's just listed as part of our database. If we want to look at just vehicles, I can break that out too. Council Member Steinberg: Well, no. It just skews the percentages, that's all. Obviously, the figures remain the same. We know this is likely to begin with the passenger vehicles versus some of these heavier vehicles. Now these White Papers, you mentioned cold weather, these White Papers, one of them, for example, pointed out that Norway, which certainly has experience in cold weather and has a lot more of it and more snow than we do, and yet 7% of their new vehicle registration in 2020 was electric. They are figuring out how these things work in all kinds of weather, so to speak, is there still a general tax credit for EV purchase by the way? I saw that listed as $7,5K or something from the Federal government, is that still available? Do we know? It's in our staff reports or it's in one of those White Papers, but we're not aware of that. Chris Kohr: I'm not aware. Council Member Steinberg: You mentioned grants. Chris Kohr: Something to explore, yes, sir. Council Member Steinberg: That's a potential, so that could certainly help to offset. The consensus seems to be that the electric vehicles outperform the internal combustion engines in total cost of ownership altogether and that the all-electric vehicles are by far preferable to the hybrids overall in terms of maintenance because they require a lot less maintenance. Hybrids, obviously, with the engine battery combination simply require more maintenance. Aren't the batteries recyclable? I have to assume these auto batteries are not winding up in landfills all over the country. Surely, with the materials involved in them, especially with these lithium batteries, they have to be recycled. I recognize an expense, but weighed against fossil fuel, it's certainly something that's part of that equation. I guess we don't really know yet in terms of snow removal, and stuff, the types of electric vehicles that will be available. Are they on the market now? No, nothing on the market now. Okay. Even in very cold weather countries, they're still relying on internal combustion engines, and that makes sense. Out of curiosity, with the police cruisers, I assume an officer doesn't take the cruiser home necessarily, or do they? Those vehicles are in constant rotation. How do police departments deal with the fact that one officer gets out and one officer gets in? Do you have an idea of how that works? Chris Kohr: The jurisdictions we spoke to were only using a hybrid, so still gasoline and electric combined. Council Member Steinberg: For police? Chris Kohr: Yes, sir. Council Member Steinberg: Okay. Chris Kohr: Yes, no fully electric that we are aware of. Council Member Steinberg: Okay. What kind of staff training is there for internal combustion engines other than the more complex equipment that needs to be operated? Chris Kohr: There's a lot of training. For example [crosstalk]-- Council Member Steinberg: Well, let me phrase it another way. We have passenger vehicles, so we have a new employee, and you say, here's your car. What kind of training does that employee get for that car? Chris Kohr: Currently, it's limited. 14 Item a. Page 9| June 13, 2022 Council Member Steinberg: Okay. My point being that the more and more we have more and more electric vehicles, the more familiar people are going to get, and so I have to believe that training for electric vehicles is going to be a diminished issue and that the heavier more complex equipment will always require training, which we do now. I'm not sure that rightfully belongs in the equation overall over a long period of time unless you have something to say? Renee LaFollette: I would disagree with you because the staff training that we're talking about is the staff training for our mechanics that have never worked on electric vehicles. Council Member Steinberg: I understand exactly what you're saying. That is today, but what I would offer is over a period of time, the more commonplace electric vehicles become, and they will, the more conversant all the mechanics are going to be on electric vehicles, and maybe actually, less so in internal combustion engines. I realize it's an issue now. Renee LaFollette: As technology changes, that training need is going to stay. I don't see training being a diminishing number as we get more and more familiar with electric vehicles. I see it being more like the computers where every year something is changing in the computers, and if you don't stay on top of it, you're not going to be able to maintain your fleet. Council Member Steinberg: I concur but don't we have that same situation now as internal combustion engines have become more and more expensive over a period of time with computers and so on that you have an ongoing training program? Renee LaFollette: Not to the same extent. Council Member Steinberg: No? Okay. Renee LaFollette: Not to the same extent because an internal combustion engine runs the same. Your computer is more on the diagnostic side than it is on how the vehicle actually runs. That combustion engine is the same, but they still have to stay current on their Automotive Service Excellence, their ASE certifications for all of the different components. Council Member Steinberg: Okay. With electric vehicles, you have actually fewer moving parts, you have motors and batteries, and sometimes you have a motor on each wheel often actually, so it might be a wash in the end. All right, so that's in my questions. I think as Council, this is something for most of us we strongly would like to push forward with. I know it's not tomorrow, but it's definitely a conversation we want to continue because in the end, it's somewhere we have to get to, there's no question. Both in our fleet, and in the ability to recharge, and we'll have to figure out all the infrastructure for that, can't just be the occasional charger here and there. Obviously, we're going to have to have a property yard of some with charging stations I would assume, but it's an important discussion, and I know this Council, in general, is committed to a more environmentally strong posture, and this is absolutely going to be part of it. Not only by desire but of necessity based on the way the world is going. Thanks for your presentation. I know this will be a continuing discussion. Thanks. Mayor Burk: Ms. Fox? Council Member Fox: Thank you. Just wanted to follow up on a few things. A lot of questions were actually answered, so thank you. As far as maintenance, I was just listening to the conversation here, realistically, for an all-electric fleet, we're only tooled for the internal combustion engine, correct? What would we have to do in order to-- not just the training, but what else would we need for the maintenance part of it besides the training, and did you figure those costs into these assumptions? Chris Kohr: Yes. The numbers that we gave you were actual tool estimates from our fleet staff who spoke with other jurisdictions. A lot of the tools that we use would be similar, but you would have to have insulated tools to keep the guys safe while they're working on the vehicle. The electric shock is a big concern with the electric vehicles and the capacity that the batteries hold. There are battery assessing equipment, scanning equipment that they would need, there's battery deloading to basically unload those batteries so that the vehicles can be safe to work on in certain maintenance tasks. The 15 Item a. Page 10| June 13, 2022 rest of the vehicle, the brakes, the rotors, the axles, all that maintenance would be similar to a combustion engine vehicle. Council Member Fox: Okay. The other thing, you mentioned the batteries too with the landfills. Right now, the landfills take the batteries for the combustion engine. They take those now on a case-by-case basis I suppose. You're saying the landfills won't take any [crosstalk]-- Chris Kohr: The lithium-ions, I was told this morning by a representative from the Loudoun County Landfill that they will not take those batteries. Council Member Fox: Do you think they'd change that policy if we started moving toward [crosstalk]-- Chris Kohr: I could not guess that. Council Member Fox: You couldn't guess, okay. The other thing is, and Renee made a good point about as technology changes, and we're seeing this in our Technology Department right now, things are changing fast and they're changing not just rapidly, but we're having more intense issues that are coming up and we're having to supplement the department because of that and the cost. I don't think we've even covered everything. We haven't even gotten there. It's changing faster than we're able to keep up with it. That's a good point and that's a concern of mine too. I think we all should probably realize that electricity capacity here in Virginia derives from coal. When we talk about environment and taking care of the environment, we have a choice between coal- powered and gas-powered. Chris Kohr: We did look that up, about 70% of the electricity in Virginia is from fossil fuel. Council Member Fox: Okay. I've been hearing rumors, and I'm not saying this is going to be happening all throughout history, but I lived in California when they had those rolling blackouts and they're starting to have some rolling blackouts again. It seems like every couple of decades there's an issue with that. I'm hearing rumors about that here. That's another thing I'm worried about, would we be contributing to the decrease in our energy supply? We have to have a major national infrastructure overhaul in order for that not to happen. That's something else we should take into consideration too. Thank you. Mayor Burk: Anyone else at this point? All right. Well, I think we've made it clear that we most certainly are interested, and we would like to progress on this as we can. If you would keep us informed and we'll continue this discussion because it's important. Chris Kohr: Thank you. Mayor Burk: Thank you. Is there anybody who has Additions to Future Meetings? Ms. Nacy? Mr. Bagdasarian? Council Member Ara Bagdasarian: I have one item. I'd like to get a discussion on updating the Town of Leesburg Public Art Guidelines Section Five to include specific steps for non-Town initiated public art projects to specify the process for non-Town initiated public art projects. Mayor Burk: Wouldn't COPA do that and bring it forward? Isn't that what COPA would do? No. Christopher Spera: The guidelines were promulgated by the Council as I understand it, so the guidelines give direction to COPA. I think that we could ask COPA for some comments, but ultimately the guidelines come from you to them. It's part of your direction to the commission. Mayor Burk: Okay. Are there four people that would be interested in-- say it again, sorry? Council Member Bagdasarian: Updating the Public Art guidelines to include specific steps for non- Town initiated public art projects because it does specify Town-initiated projects but not non-Town- initiated. 16 Item a. Page 11| June 13, 2022 Mayor Burk: All right. Are there four people that would be interested in doing that? Mr. Steinberg, myself, Mr. Bagdasarian. Nobody else? Okay. Anything else? Okay. Ms. Fox? Mr. Steinberg? Council Member Steinberg: Yes, I'd like an item on a future meeting to discuss what a pilot electric vehicle program might look like for the Town of Leesburg. Mayor Burk: Are there four votes that want to have that discussion at this point? Mr. Bagdasarian, Mr. Cummings, Mr. Steinberg. Vice Mayor Martinez: I’ll go ahead. Mayor Burk: Mr. Martinez. I'm not sure how that discussion goes, but okay. Okay, [unintelligible]. Mr. Cummings? Mr. Martinez? Vice Mayor Martinez: Yes. The first thing I'd like to do is, on our next meeting, have an agenda item to remove my appointee from the Commission of Public Arts. Mayor Burk: You have asked your appointee to resign, and it hasn't gone anywhere so you are now asking for them to be removed- Vice Mayor Martinez: Right. Correct. Mayor Burk: -from the Commission of Public Art. Are there four people that are willing to do that? Christopher Spera: Madam Mayor, if I might interject, that is something under your rules that a single member of Council can initiate because it doesn't require a memorandum or any staff presentation. It's not tomorrow, but it would be two weeks from tomorrow. An individual member of Council can ask that such a motion be placed on the agenda. It does not require four head nods. Mayor Burk: Okay, forget it. You don't need four votes. Vice Mayor Martinez: Also, something that's already been discussed but I wanted to bring up was the Loudoun County Public School System has done a feed the kids program with no distribution center in Leesburg. I understand they're addressing that tomorrow. Hopefully, we'll see something for that. Then, I sent a text to Calvin Grow, Kai, and the Mayor about an accident on Plaza and Battlefield. The question is, I know it needs to go to SRTC to be looked at, but the resident who took the pictures is concerned because that's been a few accidents on that corner. She lives right there on the corner, has witnessed them. I would like to have that looked at by the SRTC and then maybe bring forward to Council for a remedy. Mayor Burk: All right. Are there four people that want that to go forward? Not a problem there. Are you done? Vice Mayor Martinez: Yes, that's all the notes I got but I can make something up. Mayor Burk: That's okay. It's not a problem. Council Member Steinberg: Madam Mayor? Mayor Burk: I see lights back on over here. Council Member Steinberg: I apologize. I forgot. I also want to place an agenda item, a motion to remove my COPA Commissioner. Mayor Burk: All right. That does not need four, so okay. Ms. Fox? 17 Item a. Page 12| June 13, 2022 Council Member Fox: Thank you. The SRTC thing reminded me of something, so thank you. I'm wondering if we could just explore what it would take to put in a right-turn lane at the intersection of Catoctin Circle turning right onto Market Street. Mayor Burk: Let me visualize it. Wait a minute. Market Street. Council Member Fox: If you turn left, you'll go to the highway, if you turn right, you go to Market Street, so coming from the high school. Mayor Burk: Coming from the high school, you're going down and you go down to the light at Market Street. Not, King Street, excuse me. I'm at King Street, so that's my problem. Council Member Fox: Market. Mayor Burk: You want it down to Market Street? Council Member Fox: Yes. You could turn left and go to the highway, turn right and you're headed down Market toward town. I was wondering if we can explore a right-hand turn lane there. Yes, by the church. Mayor Burk: Okay, now I am confused, by the church [crosstalk]-- Council Member Kari Nacy: She's talking about [inaudible] and you come all the way to that and the church is right there on the corner. Vice Mayor Martinez: [inaudible]. Council Member Nacy: Yes, Yes. Right. Mayor Burk: Oh, so it's the Lutheran church. Council Member Fox: Yes. Council Member Nacy: Yes. Mayor Burk: Oh, okay. I was going totally the other way. Council Member Fox: No, no, no. Turning toward Town, yes. Council Member Nacy: [crosstalk] [inaudible] in my head. Council Member Fox: Right turn. Mayor Burk: Okay, thank you because I was way down at the other end. Are there four people that would want to explore that possibility at the right location? I think everybody's on that one. Council Member Steinberg: May I ask a question? Is this something that generally would go to the Residential Traffic Commission, or is this something we can just decide? Mayor Burk: The thing you need to remember is the Residential Traffic Commission is supposed to be dealing with neighborhood traffic. This, to me, wouldn't go to them directly because it's not residential traffic. Council Member Steinberg: Alright. Mayor Burk: I have two requests. The first one is I got a request from the Sergeant Major John Champe Chapter of the Sons of the American Revolution who are commemorating the 248th year since 50 freeholders and other inhabitants of Loudoun County gathered on the 14 of June, 1774, to sign six resolutions expressing outrage against taxation without representation in solidarity with their brethren 18 Item a. Page 13| June 13, 2022 in Boston. They are going to commemorate this on June 18th. They have asked if there could be a proclamation. We don't have time to do it in the two-week schedule. This would have to be something that would go on the agenda for tomorrow for a vote. Does anybody have any problem if we do that for tomorrow? All right. The next one is that I would like to have the Black History Mural come forward to Council for a vote at the next Town Council meeting. Do I have four people that would be willing to support that? Okay. That'd be Mr. Steinberg, Mr. Cummings, Ms. Burk, and Mr. Martinez. That will come, not tomorrow, but the next one. Is there a motion to adjourn? Council Member Steinberg: So, moved. Mayor Burk: Second? Council Member Bagdasarian: Second. Mayor Burk: All in favor? Members: Aye. Mayor Burk: Opposed? Okay. 19 Item a. COUNCIL MEETING June 14, 2022 1 | P a g e 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, Director of Economic Development Russell Seymour, Director of Parks and Recreation Rich Williams, Director of Utilities Amy Wyks, Deputy Town Attorney Christine Newton, Senior Project Planning Manager Chris Murphy, Land Acquisition Manager Keith Wilson and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Fox. 3. SALUTE TO THE FLAG was led by Mayor Burk. 4. ROLL CALL 5. MINUTES a. Work Session Minutes of May 23, 2022 MOTION 2022-107 On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the minutes of the Work Session of May 23, 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 May 24, 2022 MOTION 2022-108 On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the minutes of the Regular Session of May 24, 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 20 Item b. COUNCIL MEETING June 14, 2022 2 | P a g e 6. ADOPTING THE MEETING AGENDA MOTION 2022-109 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, 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. Juneteenth Mayor Burk read the Juneteenth proclamation and presented it to Mr. Irvin Greene, President of the “BURG” Family Reunion Club and to Mr. Steve Williams, President of the National Juneteenth Independence Day. Both recipients made a few remarks. b. LGBTQ Pride Month Mayor Burk read the LGBTQ Pride Month proclamation and presented it to Mr. Todd Cimino-Johnson. Equality Loudoun President Cris Candice Tuck made a few remarks. c. Master Gardeners MOTION 2022-110 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: I move to approve the Proclamation for Master Gardeners be presented at the June 14, 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 the proclamation and will present it at a future event. 21 Item b. COUNCIL MEETING June 14, 2022 3 | P a g e d. Taxation without Representation MOTION 2022-111 On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following was proposed: I move to approve the Proclamation for Taxation without Representation to be presented at the June 14, 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 the proclamation and will present it to the Sergeant Major John Champe Chapter of the Virginia Sons of the American Revolution at the 248th Commemoration of the Loudoun County Resolves event on June 18, 2022. 9. PRESENTATIONS a. Visit Loudoun Update Visit Loudoun President and CEO Beth Erickson presented Council with a summary of the Visit Loudoun’s Strategic Plan for the Town and surrounding areas, travel trends and hotel occupancy in Leesburg, survey results broken down by Leesburg and other areas and the status of the pandemic recovery. Council and Ms. Erickson discussed her presentation. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section was opened at 7:34 p.m. James Garofalo, Kristen Court, SE. Spoke to Council about his actions at the last Commission on Public Art (COPA) meeting and the actions surrounding the proposed Black History Mural leading up to him and two other members leaving the COPA meeting before it concluded. Jisun Bae, Horsepen Woods Lane, Oak Hill. Spoke to Council regarding the Chinese Communist Republic harvesting human organs from political prisoners to sell to organ recipients. Ms. Bae asked Council to adopt a resolution or proclamation condemning this action like many local jurisdictions have already done to bring awareness to the community. Tiny Tang, Stone Hollow Drive. Spoke to Council regarding the Chinese Communist Republic harvesting human organs from political prisoners to sell to 22 Item b. COUNCIL MEETING June 14, 2022 4 | P a g e organ recipients. Ms. Bae asked Council to adopt a resolution or proclamation condemning this action like many local jurisdictions have already done to bring awareness to the community and to show that Chinese people and the Chinese Communist Party are not one and the same. The Petitioner's Section was closed at 7:44 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION 2022-112 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the following Consent Agenda was proposed: a. Replacement of the SCADA System at the Water and Wastewater Treatment Facilities – Design Services RESOLUTION 2022-066 Awarding a Task Order in the amount of $426,896 to Stantec Consulting Services Inc for Necessary Design Services Associated with Replacement of the SCADA Systems at the Water and Wastewater Treatment Facilities b. Replacement of Raw Water Variable Frequency Drives at Water Treatment Plant RESOLUTION 2022-067 Approving a Task Order for the Replacement of Raw Water Pump Variable Frequency Drives at the Water Treatment Plant to M.C. Dean, Inc. in the amount of $235,989 c. Extending Cable Franchise with Verizon Virginia LLC for a Period of One (1) Year RESOLUTION 2022-068 Authorizing an Extension of the Cable Franchise Between Verizon Virginia LLC and the Town for a Period of One (1) Year d. Donating Surplus Police Equipment to Ukraine RESOLUTION 2022-069 Authorizing the Donation of Surplus Safety Equipment from the Leesburg Police Department to Ukraine as a Humanitarian Effort e. Juneteenth March and Celebration Fee Waiver RESOLUTION 2022-070 Waiving Special Event Fees for the Juneteenth March and Celebration to be Held on June 20, 2022 23 Item b. COUNCIL MEETING June 14, 2022 5 | P a g e f. Appointment to the Technology and Communications Commission RESOLUTION 2022-071 Appointing Ben Taylor to the Technology and Communications 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. None. 14. PUBLIC HEARINGS a. Conveyance of Real Property The Public Hearing was opened at 7:46 p.m. Land Acquisition Manager Keith Wilson identified for Council the two parcels of land proposed for conveyance to the Virginia Department of Transportation (VDOT) and the Commonwealth Transportation Board (CTB) with VDOT and the CTB receiving the smaller parcel and the abutting land owner receiving the larger parcel. The smaller parcel is 0.95746-acre parcel being a strip of land approximately 50’ feet wide and 840’ feet in length providing a connection for the larger 29.0423-acre parcel to East Market Street (Route 7). Council and staff discussed the properties and why they are no longer needed by the Town. Public Speakers: There were no speakers wishing to address the public hearing. The public hearing was closed at 7:52 p.m. MOTION 2022-113 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed: RESOLUTION 2022-072 Authorizing the Conveyance of Real Property to the Commonwealth of Virginia Department of Transportation for Roadway Purposes and RESOLUTION 2022-073 Authorizing the Conveyance of Real Property to the Abutting Landowner for Economic Development Purposes 24 Item b. COUNCIL MEETING June 14, 2022 6 | P a g e 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. TLOA-2021-0013 Mobile Food Unit Parking and Storage Associated with a Commercial Kitchen The Public Hearing was opened at 7:54 p.m. Senior Planning Project Manager Chris Murphy presented Council with the proposed Zoning Ordinance text amendment to Sec. 9.5.4 – Standards for Temporary Uses establishing use standards for the parking/storage of mobile food units associated with commercial kitchens. Council and staff discussed the proposed amendment. Public Speakers: There were no speakers wishing to address the public hearing. The public hearing was closed at 8:00 p.m. MOTION 2022-114 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the following was proposed: I move that Zoning Ordinance Amendment TLOA-2021-0013 revising Leesburg Zoning Ordinance Sec. 9.5.4 Standards for Temporary Uses, be approved, on the basis that the amendment furthers objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. ORDINANCE 2022-O-016 Amending Zoning Ordinance Section 9.5.4 Standards for Temporary Uses to Establish New Use Standards Authorizing the Temporary Parking and Storage of Mobile Food Units Associates with Commercial Kitchen Uses 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. TLOA-2022-0003 Floodplain Overlay District & Creek Valley Buffer Amendments The Public Hearing was opened at 8:01 p.m. 25 Item b. COUNCIL MEETING June 14, 2022 7 | P a g e Senior Planning Project Manager Chris Murphy presented Council and staff with the proposed revisions to Zoning Ordinance Article 7 (Floodplain Overlay) and Article 14 (Creek Valley Buffer) to establish Capital Improvement Projects as by- right and eligible for buffer width modifications. Council and staff discussed the revisions. Public Speakers: There were no speakers wishing to address the public hearing. The public hearing was closed at 8:13 p.m. MOTION 2022-115 On a motion by Council Member Fox, seconded by Council Member Steinberg, the following was proposed: I move to approve the proposed Ordinance TLOA-2022-0003 revising various sections of TLZO Article 7 (Floodplain Overlay) and Article 14 (Creek Valley Buffer) to establish Capital Improvement Projects as by-right, and eligible for buffer width modifications on the basis that the amendments further objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. ORDINANCE 2022-O-017 Amending Zoning Ordinance Section 7.11 Floodplain Overlay District and Zoning Ordinance Section 14.2 Buffer Setbacks Relating to the Review of and Modifications for Capital Improvement Projects The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 d. Amending Council Pay The Public Hearing was opened at 8:15 p.m. Town Attorney Chris Spera presented Council with the proposed Town Code amendments to allow Council to annually receive the same Cost of Living Adjustment (COLA) increase that is approved in the budget for staff. Council and staff discussed the amendment. Public Speakers: There were no speakers wishing to address the public hearing. The public hearing was closed at 8:18 p.m. 26 Item b. COUNCIL MEETING June 14, 2022 8 | P a g e MOTION 2022-116 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: I move to approve the proposed Ordinance to Amend Town Code Section 2-197 Compensation for the Mayor and Members of the Town Council. ORDINANCE 2022-O-018 Amending Town Code Section 2-197 Compensation for the Mayor and Members of the Town Council The motion was approved by the following vote: Aye: Bagdasarian, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Cummings, Fox, Nacy Vote: 4-3 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Fox requested a proclamation at the next business meeting for Town residents and Loudoun County Foster Parents of the Year Ashley and Richard Harper. It was the consensus of Council to add this to the June 28, 2022, Council Meeting. Council Member Steinberg requested a Work Session discussion on the Verizon agreement to address streaming services in addition to dealing with Verizon only as a cable provider. It was the consensus of Council to add this to a future Work Session for discussion. Council Member Steinberg requested a Work Session discussion to determine if the Town wishes to have a proclamation or resolution addressing the Chinese Communist Republic’s harvesting human organs from political prisoners in response to the Petitioners’ requests. It was the consensus of Council to add this to a future Work Session for discussion. 27 Item b. COUNCIL MEETING June 14, 2022 9 | P a g e Council Member Cummings made a statement regarding the role of Board and Commission Members and requested a motion be added to the next business meeting to remove COPA Commissioner Kareem McCullough. No consensus is required. This item to be added to the June 28, 2022, Council Meeting. Council Member Bagdasarian advised Council that he would not be in attendance at the June 27-28 Council meetings as he was going to be out of Town for business. Council Member Bagdasarian requested a Work Session discussion to provide input to the Town Attorney so the Public Art Guidelines can be updated to include guidelines for unsolicited non-Town projects. It was the consensus of Council to add this to a future Work Session discussion. Vice Mayor Martinez noted he attended the opening of Tap in Golf and enjoyed the cartoon screens they have for young golfers. Vice Mayor Martinez noted he and Mr. Asa Rusk rode around Town to evaluate potential new routes for his golf cart business and the feedback from the residents on the streets was very positive. Vice Mayor Martinez participated in the March with Moms Demand Action for Gun Sense and against Gun Violence. Vice Mayor Martinez requested the Town Manager to share stroke awareness information with the staff and Council. Mr. Dentler agree to provide the information. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk requested a Work Session discussion on scooters in the Town. It was the consensus of Council to add this to a future Work Session discussion. Mayor Burk joined Congresswoman Wexton in dedicating the post office on Market Street to Mr. Norman Duncan who was a World War II veteran, father, husband and community activist. Mayor Burk thanked 880 Harrison Street for allowing her to host her Meet the Mayor at their location. Mayor Burk welcomed Tap in Golf and Deborah Morbeto's Art Gallery on Loudoun Street to Leesburg. Mayor Burk participated in the Sons of the American Revolution for Wayne's Crossing on the Courthouse lawn to commemorate this important point in the Revolutionary War involving Leesburg. Mayor Burk said that Council Member Fox was also in attendance. Mayor Burk attended the Moms against Gun Violence March and participated in giving cake and ice cream to the cancer survivors at the Relay for Life event. Mayor Burk attended the George Marshall International Foundation’s commemoration of the 75th Anniversary of the Marshall Plan. The British Ambassador was present as well as Deputies from Finland and Sweden. Mayor Burk attended the Juneteenth flag raising ceremony on the Town Green and attended the Juneteenth celebration at Ida Lee. Mayor Burk noted that it was mentioned earlier in the meeting that there will also be an upcoming Juneteenth event on June 19th at Claude Moore Park. Mayor Burk attended the funeral of Town Arborist Tyler Wright and expressed her sympathies to his family and that she enjoyed working with him. Mayor Burk thanked SimplyBe Coffee for allowing her to host the Meet the Mayor at their location. Mayor Burk noted her next event would be 28 Item b. COUNCIL MEETING June 14, 2022 10 | P a g e later in the week at Dairy Queen from 10:00 a.m. to noon and encouraged residents to stop by to meet her. 19. TOWN MANAGER COMMENTS Mr. Dentler thanked Town Arborist Tyler Wright for the service he provided to the Leesburg community over the last three to four years and thanked Council for their support given to his family. Mr. Dentler added that Leesburg lost another family member and shared that a long-term member of the Town’s Police Department since 2003, Ms. Sherry Riley, passed away over the weekend. Mr. Dentler noted that she was also a member of the Leesburg Volunteer Fire and Rescue Squad. He shared the details for her funeral service and thanked for her years of work with the Town. 20. CLOSED SESSION a. None. 21. ADJOURNMENT On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the meeting was adjourned at 8:32 p.m. __________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: _______________________ Clerk of Council 2022_tcmin0614 29 Item b. Page 1 | June 14, 2022 June 14, 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: Please, I would like to call to order tonight's Town Council meeting of June 14th, 2022. Council Member Fox will be giving the invocation and I will do the salute to the flag. Council Member Fox? Council Member Suzanne Fox: Thank you. Please join me. We gather and ask you, Heavenly Father, today for your guidance, your wisdom, your support. As we begin this meeting, help us to engage in meaningful discussion and help us to work as a unified team, combining different ideas for a great outcome. Please help us to work as a whole, rather than as individuals trying to promote our own ideas. May we have the spirit of camaraderie in this room as we work together for our shared mission to serve the people of Leesburg. Amen. Mayor Burk: All right, please rise and join me for the pledge. I pledge allegiance. All: To the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Mayor Burk: All right. If anyone needs hearing assistance, please see the Clerk. Let the record reflect that all members of Town Council are here tonight. We have two sets of minutes, the working session minutes of May 23rd, 2020. Do I have a motion to accept them? Vice Mayor Fernando “Marty” Martinez: So moved. Mayor Burk: Vice Mayor Martinez. Second? Council Member Kari Nacy: Second. Mayor Burk: Seconded by Council Member Nacy. All in favor? Members: Aye. Mayor Burk: Opposed? Everybody was here, so everyone can vote. 7-0. Regular session meetings of May 24th, 2022. Vice Mayor Martinez: So moved. Mayor Burk: Vice Mayor Martinez. Second? Council Member Nacy: Second. Mayor Burk: Seconded by Council Member Nacy. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That's 7-0. Do I have a motion to adopt the meeting agenda? Vice Mayor Martinez: So moved. Mayor Burk: Vice Mayor Martinez is busy tonight. 30 Item b. Page 2 | June 14, 2022 Council Member Fox: Second. Mayor Burk: Uh-oh. Council Member Fox: We're on a roll. Mayor Burk: Hey, Council Member Fox got that one. All in favor of adopting the mee-- Is there anything anybody would like removed or added? Okay. Adopting the meeting agenda say aye. Members: Aye. Mayor Burk: Opposed? All right, that passes 7-0. We have no certificates of recognition, but we do have a couple of proclamations. I will read them and then go down to the floor to present them. I will need motions on two of them, but the first one is for Juneteenth. This is a proclamation whereas President Abraham Lincoln signed the Emancipation Proclamation on January 1st, 1863, declaring the slaves in the Confederate territory free and paving the way for the passing of the 13th amendment, which formally abolished slavery in the United States of America. Whereas news about the signing of the Emancipation Proclamation was delayed some two and a half years to June 19th, 1865 in reaching authorities and the African Americans in the south and southwest in United States. Whereas June 19th has a special meaning for African Americans, and it's called Juneteenth, combining the words June and nineteen, and has been celebrated by the African American community for over 150 years. Whereas this year, 2022, marks the 403rd anniversary of the arrival to the Jamestown settlement of the first Africans, where they were enslaved, marking the beginning of a nearly 250 years of slavery in the British colonies and in the new nation, which would become the United States. Whereas today Juneteenth celebrates African American freedom and achievements while encouraging continuous self- development and respect for all cultures, that it takes on a more national symbolic and even global perspective to ensure the events of 1865 are never forgotten. Whereas the Leesburg Town Council recognizes the following organization, The "BURG" Family Reunion and its president, Irvin Greene, for their efforts to encourage residents to become more aware of the significance of this celebration in the African American history and preserving the memories of Black descendants, and the National Juneteenth Observance Foundation and its president, Steve Williams, for their efforts towards the passage of the Juneteenth Independence Day legislation and for the coordination and organization of the Juneteenth flag-raising event held here on June 6th, 2022. Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia hereby declare that Monday, June 20th, will be observed as Juneteenth in the Town of Leesburg, Virginia. We urge all citizens to recognize the importance of the remembrance of all the lives lost during this tragic period of slavery, proclaimed as 14th day. The other one that I need to read is the proclamation for Lesbian, Gay, Bisexual, Transgender, and Queer Pride Month, June, 2020. Whereas the Town of Leesburg is a diverse community that embraces people of all ethnicities, backgrounds, sexual orientations, and gender identities. Whereas the month of June was designated as pride month to commemorate the Stonewall riots that occurred in June, 1969 and are generally recognized as the catalyst of the lesbian, gay, bisexual, transgender, and queer identification rights movement. Whereas every June communities across the nations celebrate the contributions of the LGBTQ+ people to commemorate those individuals who fought for secure equality, experienced discrimination and have historically been disenfranchised by the rights afforded to the other Americans. Whereas the Town of Leesburg remains committed to protect the rights of the LGBTQ+ community and invites everyone to respect, honor, and celebrate our diverse community and continues building a culture of inclusiveness and acceptance for the LGBTQ+ community. Therefore, I proclaim that the 31 Item b. Page 3 | June 14, 2022 Mayor and the Council of the Town of Leesburg in Virginia hereby proclaim June 22 as LGBTQ Pride Month. As such, we recognize Todd Cimino-Johnson as the LGBTQ+ activist in our community, and we call upon all residents to recognize the achievement of this community to celebrate the great diversity of the American people and actively promote the principles of equity and liberty. The next one, I will need a motion. It is for the 30th anniversary of the Master Gardeners Demonstration Garden. Do I have a motion? Vice Mayor Martinez: So moved. Mayor Burk: Moved by Mr. Martinez. Council Member Neil Steinberg: Second. Mayor Burk: Seconded by Mr. Steinberg. I will read it and then ask for a vote. Whereas in December, 1992, the Virginia Cooperative Extension Loudoun, VCE Loudoun Master Gardeners, have educated the public on gardening methods with the Demonstration Gardens at Ida Lee Park. Whereas the VCE Loudoun Master Gardeners are dedicated and knowledgeable volunteers who look forward to answering any horticultural questions from the public. Whereas the VCE Loudoun Master Gardeners have proved through agricultural experimentation that organic gardening is possible in Loudoun County. Whereas the VCE Loudoun Master Gardeners have been recognized with the Community Improvement Award, the John W. Tolbert Award, and the signatures of Loudoun Design Excellence Awards for public landscapes. Whereas the VCE Loudoun Master Gardeners have donated between 1,000 and 2,000 pounds of fresh produce to Loudoun Hunger Relief annually. Therefore I proclaim that the mayor and the Council of the Town of Leesburg hereby recognize the VCE Loudoun Master Gardeners dedication and continued effort and applaud the group on their 30th anniversary of its Demonstration Garden at Ida Lee. Do I have a motion? I mean, I made a motion. I got a motion from Mr. Martinez, seconded by Mr. Steinberg. All in favor? Members: Aye. Mayor Burk: Opposed? That passes. Our last one, I also need a motion for, and this is the 258th commemoration of the Loudoun County Resolves. Do I have a motion for this one? Then I'll read that one when we're finished. Council Member Fox: So moved. Mayor Burk: So moved by Council Member Fox. Second? Vice Mayor Martinez: Second. Mayor Burk: Seconded by Vice Mayor Martinez. The 248th commemoration of the Loudoun County Resolves, whereas in June, 1774, Leesburg and Loudoun freeholders met in the County Courthouse lawn to discuss the protection of people's rights and liberties in North America. Whereas, at this meeting, Loudoun County residents discussed the best way to support their fellow Bostonians from the oppression and tyranny of the act of the British Parliament. Whereas participants of this meeting drew up the resolution which were sent to the Continental Congress in Philadelphia, as well as to London. Whereas these resolution resolved that freemen should not be submitted to taxes, other than those enacted by representatives of their own choosing. Whereas is absolutely repugnant to the fundamental laws of justice to punish persons without a trial. Whereas enforcing the act of parliament by military power would lead to a civil war and support of the suffering brethren of the Boston and any oppressed parts of North America. 32 Item b. Page 4 | June 14, 2022 Therefore, proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia, hereby recognize the Sergeant Major John Champe Chapter of the Virginia Sons of the American Revolution, for its efforts towards commemorating the 248 years at the Loudoun County Courthouse on June 18th, and remembrance of this important day in the county's history. All right, I will go to those, go there, and I will take these down. Chris Spera: You still need to vote on. Mayor Burk: Oh, I needed a vote on second one. Thank you. We have a motion by Council Fox, seconded by Mr. Martinez. All in favor? Members: Aye. Mayor Burk: Opposed? Thank you. Okay, now it's legal. Our first proclamations are for Mr. Greene and Mr. Williams. I want to give these to you to just commemorate the fact of all the hard work that both you gentlemen have done to recognize and make everyone aware of the importance of Juneteenth. I tell the story of many, many years ago when I was first on Council, where there was a woman from Texas that asked me about Juneteenth and were we going to celebrate it and I knew nothing about it. She said in Texas, it's a big deal. To see this coming to fruition now, it's just really great and we're very excited to be part of it and we really appreciate the fact that both of you have recognized that Leesburg is a place that wants to recognize it and wants to be part of it. We want to really thank you. I know that you would love to talk about your event on Saturday, and I know you would like to talk about our event the other day, so I'm going to hand it to you first. Irvin Greene: Okay. Thank you. I truly appreciate this award, this proclamation, excuse me, given to The "BURG" Family Reunion Club on behalf of the town of Leesburg. This Saturday, we will be having our second annual Juneteenth out at Ida Lee Park. Of course, we always plug the Chuck Brown Band as our headliner. I always say that Juneteenth isn't just for our community. I welcome in and everyone from all walks of life to come and have a good time at the park with us. We're going to kick off at 12:00 noon, and we'll finish up at 6:00. Gates open at 11:15. It's a $15 entry fee. We'll have food vendors, different performers. We have two church groups this year, which is an exciting feat in itself because we're very excited about having them there as well. We do have some kid-- it's a kid-friendly event as well, so come on out, enjoy and have a good time. Mayor Burk: Thank you. Thank you very much. [applause] Mayor Burk: I know you want to share. Steve Williams: Well, yes, we had the flag raising here the 6th, but on the 19th, Sunday, we will be in Claude Moore Park for Juneteenth celebration. There's no admission at the door. We got Johnny Rawls, Bobby Rush, and Michael Hampton from Parliament Funkadelic. We've got a lot of vendors that will be there. Plus the Buffalo Soldiers will be performing a flag raising at 3:00 PM in their full regalia. Come on out on Father's Day, which is the first Juneteenth-- The first Father's Day was on Juneteenth in 1910, and the first legal holiday for Juneteenth, which is this year, last year was an executive order is on Father's Day. Across the nation, we honor the Juneteenth fathers of freedom. We have a group here that will be with us in DC on a march from the African American Civil War Museum to Howard University, where Miss Opal Lee will be here joining me along with Lou Gossett, Jr. and Bobby Seale and some other national activists. Stay tuned, go to Juneteenth Loudoun, there’s a link on there to tell you about the stuff that we're doing. 33 Item b. Page 5 | June 14, 2022 I've been a longtime resident of Leesburg. I started back in 2000. Most of you have been here probably know my mom. She was here since 198-- something. I'm really happy to be able to bring Juneteenth to the Loudoun County. This would be our third year I'm doing it. Dr. Myers is the father, the mother, of Juneteenth movement, my mentor. Yet one of the things he said before he left us was, "Steve, take her home." [laughs] Mayor Burk: Thank you. Thank you all very much. Steve Williams: Thank you. Mayor Burk: On the 18th, you can go here in Leesburg, and on the 19th, in Loudoun County. The next one we have is for the Pride Month. Mr. Cimino-Johnson is coming up for this one. I love all the support you're getting, yay. Todd Cimino-Johnson: [unintelligible] an entourage. Mayor Burk: Yes. This is very exciting for us to present to you today. I called Equity Loudoun and I said, "Send us somebody to accept this," and boy, you sure did. Thank you very much. I think, Todd, you're going to be accepting it and saying a few words about the whole. Todd Cimino-Johnson: Or let Cris [unintelligible]. Cris Candice Tuck: Oh, no, I got to talk? I did this last year; I didn't do so well. Loudoun Pride is going to be the first inaugural Pride festival here in Loudoun County. It is going to be absolutely amazing. We actually just sold our thousand ticket this afternoon. We expect to sell out by the end of next week. It is going to be over 100 businesses from all over Loudoun County in the region, amazing food, alcohol vendors. We've got dozens of family-friendly activities, and a seven-hour music festival with award- winning artists from all over the region. It is going to be absolutely amazing. The proceeds will be donated to the Equality in Education Scholarship Program and the legal defense fund here in Loudoun County. It's going to be an amazing day for everybody. Mayor Burk: Okay. What's the day? Cris Candice Tuck: Oh, that's a great thing. I might want to mention that. Sunday, June 26th, 1:00 to 8:00 PM- Mayor Burk: 1:00 to 8:00 PM. Cris Candice Tuck: -at Claude Moore Park. I have all of them here. They know way more than-- Mayor Burk: You can go to Juneteenth on the 19th and the next weekend, you can go to the Pride Festival. Cris Candice Tuck: Absolutely. Mayor Burk: Thank you all very much. We really appreciate you being here. Cris Candice Tuck: Thank you. Mayor Burk: Thank you. [applause] Mayor Burk: Oh, they want a picture. [silence] 34 Item b. Page 6 | June 14, 2022 Vice Mayor Martinez: I don't think they saw it, but that's okay. Take a look. Mayor Burk: The other two proclamations, I will take to the recipients. All right. That takes us to our presentation. We have a presentation today from Visit Loudoun. Beth Erickson: Good evening, I will say with great pride that as of three weeks, I am one of the newest Leesburg residents. Mayor Burk: Yay. Yes. Beth Erickson: Very excited to be here. All right. We have a-- No. Still using the stylus? Thank you. My update tonight, I've got a copy of this, which I will give you afterwards because it's a little bit of an eye chart, is to talk to you about where we are in our strategic planning process. Visit Loudoun does a strategic plan every three years. I'm really excited to share with you the data that we pulled in the development of our plan for this strategic plan. Before I do, I just wanted to hit a couple of highlights out of our last strategic plan. First of all, I was really looking at bridging that gap between East and West and really focusing on our towns. Very excited about our towns and places video series called Share What You Love, and the Leesburg video is outstanding. I hope you've all seen it. Thus far, those are hitting nearly a million views. We're really excited about how that's turned out. We are most excited and thrilled about the launch of our arts and culture page, which really highlights and spotlights Leesburg as our one and only arts and culture district. We launched our certified Tourism Ambassador program, and to date, have about 200 ambassadors. As we look at the next strategic plan, which will take us from FY23 through FY25, more than or close to 1,500 people will have put their fingerprints on our plan. This is probably one of the best deep dives as to how tourism is viewed in the county and within our towns. As I go through, I'm going to talk to you about aggregate, and then I'm going to dive straight down to what your residents say. As we look at it, there are going to be five core principles that we will still make sure that we are attuned to, one of which is, of course, providing relevant content. On any given day, we speak to more than 100,000 visitors and potential visitors about Leesburg and about Loudoun County. As we really continue to come post-pandemic, we're looking at the fact that, and with rising gas prices, regional travel is going to be key. People are looking for those domestic destinations. They're willing to pay additional for those experiences. We know that Leesburg and Loudoun County are uniquely positioned to really leverage that. One of the things that is a positive outcome of what we've just gone through is the development of self-care and really taking a look at continuing some of those good habits that many of us picked up during the pandemic, like biking and hiking, and more and more visitors, travelers are going to be looking for these types of experiences, whether they're on trails, the W&OD trails, equestrian, what have you. Recreation, as we move out of that discussion about the biking and the hiking, is the evolution of something called silent sports, which is a really exciting movement in terms of visitors, but when we look at what Leesburg has to offer when we talk about Ion, are the development of "right-sized" athletic event facilities, where people feel really comfortable when they come in, and they're going to continue to look for those experiences. Business travel, while I can tell you that what we're seeing in the recovery, and I've got some data slides at the very end of my presentation, really has been driven by leisure, has been driven by weddings, has been driven by sports tournaments. The business traveler is lagging, as is international. We hope to start seeing that really come back. For the first time, we saw pre-pandemic numbers hit in March and April, so we feel very, very positive about that. One of the interesting things is the statistics tell us that 70% of Americans have traveled to a destination to sample craft beverages. Of equal interest, the fact that females for the first time are beginning to match males in their interest in craft beverages. I'm going to go through some of those statistics as we go through. Visitors, our first one is really taking a look at some of the visitors, we're seeing that the darker line is what they've done 35 Item b. Page 7 | June 14, 2022 in the previous three years, the lighter colors what they're interested in. I'm going to draw your attention to a couple of things. Of course, vineyards, historic sights, shopping and dining will always remain very high. Look at the difference in music from 40% to a 56% increase that people want to experience live music when they travel, it creates a sense of place. That's very exciting. Spa and wellness doubled between 17% to 32%. People want to be outdoors. They want to continue those positive habits. We know that when they come in, they're really hitting a lot of what Loudoun County is positioned to do, and a lot of what we really push. This is one of my favorite slides. I'm going to draw your attention to the right-hand side. Of our visitors, 82% of those visitors are likely to come again, 81% are likely to recommend Loudoun County and our destinations as a great place to visit. When we talk about what they'd like to see as an improvement to Loudoun, 30% said, "Nothing. We had a great experience," which is what you want to hear, but we also take a look at things like more accommodations, which we'll talk about, the proximity between destinations, and dining continues to be tracing up. Business owners, when we polled 144 business owners in Loudoun County, where they're going to conduct a lot of their business, restaurants, wineries, breweries, event venues, but really when we take a look at meeting spaces, business-focused hotels, conference rooms, you see that if we had more of that product, I believe that would be higher on the list. That is a great opportunity for us. Residents, we had 1,114 residents respond from Loudoun County. They were equally dispersed between Western, Eastern, and the transition policy area. 70% had been here for more than 11 years. We had the right people engaged. 16% of all those survey respondents live in Leesburg. The first is the fact that 70% overwhelmingly supported tourism. When we look at what Leesburg says, 82% would recommend that others visit Leesburg in Loudoun County, 71% support tourism, so a little bit higher than the general population. Residents want more outdoor activities, parks, vineyards, dining. Leesburg residents want more breweries, equestrian activities, cycling, and art. Again, you've got a copy of this and you can take a look at the content a little bit deeper, but I think that there are some great opportunities here from an economic development standpoint. 53% of the residents think Loudoun should be known for wine county, followed by history, agritourism, which the Leesburg residents followed suit. This is an important one. The darker mid-teal is east, the lighter color is west, the darker color is transition policy area. 43% of residents viewed loss of open space as a potential threat to the continued development of Loudoun as a visitor destination. 17% of those who responded from Leesburg felt this as well. Also looking at awareness at 19%, that's what Visit Loudoun does. Also taking a look at infrastructure and some of the affordability issues, which we'll talk about. I put in the last bit of my slide and my presentations, I wanted to tell you a little bit about what we're seeing about Leesburg hotels, looking at that as but one indicator of the health of our industry. Again, the lines that you're looking at, the scary green line that drops really low, was 2020. The red line is 2019. The dotted line is what our forecast was. The light blue line is where we're tracking. That's exactly where we want to see. We are beginning, as I mentioned, for the first time in April and March, we're beginning to start hitting those pre-pandemic numbers. Average daily rate, which is the average rate that our guests will pay at hotels, again, we are well above forecast and trending in a good direction above where we were 2019. For Leesburg, one of the things I just want to call out, the top bar on the right with the red arrow is what Leesburg is seeing. The blue arrow is what the rest of the county is seeing. I want to point out that you were almost neck and neck when we take a look at occupancy levels for year-to-date 58% versus 58.2%. What's important as we look at this, is that we are lagging behind in Leesburg in rate. The red number at 105.2 is Leesburg average daily rate, and it breaks down to 118, was what we paid or what was paid in the most recent month. Looking at really where we're seeing 130 coming in from the last month for the County. There's some opportunity for us to bridge that gap. I think a lot of that could be driven by a product that is here from a hotel standpoint. We know that more people want to 36 Item b. Page 8 | June 14, 2022 look at those conference hotels to have facilities full-service dining and I think that we are ready for that. I have 20 seconds left. Mayor Burk: You're amazing. Beth Erickson: Are there any questions? I did bring for everybody our most recent visitor guide and you will see right tipped into the Leesburg spread information on the strategic plan at a glance that I showed you on the first slide. I'm happy to answer any questions. Mayor Burk: Thank you. Thank you very much. We appreciate that. I do have one question for you myself. Beth Erickson: Please. Mayor Burk: You mentioned that a lot of the travel now will be local or short trips rather than long. Beth Erickson: Regional. Mayor Burk: What do you think the gas implications are with the increase? Beth Erickson: Actually, I think it's a unique opportunity, because where people may have made the choice to go to the beach destination or go to further, they're going to be looking to stay more local and more regional. One of the things-- Thank you so much, Russ. Yes, that's perfect. One of the things that I think is also a really exciting opportunity is that Loudoun County has 400,000 residents, we are our own really well-made target audience. I think that the more that we can engage for that backyard, that staycation, I think we're going to see some great uptick. I will tell you, walking around Leesburg on the weekends, especially this past weekend, it was packed. We know that people are looking for those walkable opportunities. They love what Leesburg has to offer, and we're really excited to help make sure that that is shown and highlighted. Mayor Burk: Thank you. Thank you very much. Does anybody else have short brief question? Yes, Ms. Fox. Council Member Steinberg: Thanks-- Oh, I'm sorry. Go ahead. Council Member Fox: Forgive me [unintelligible]. Mayor Burk: You got to keep him on his toes. Council Member Fox: You just alluded a little bit to affordability. Were you talking about housing affordability or affordability of the product we have as far as econ-- Beth Erickson: Thank you for that, Council Member Fox. There is a larger-- I edited my slides right before I came in because I know that the Mayor is very serious about that time limit. There is a slide in your deck that talks about housing affordability for workers in our industry are ticking up as one of the biggest concerns. I think that there's also-- From our perspective, when we talk about affordability, a lot of it is our businesses are still struggling on workforce. Their people cannot live here. I also think we saw a large flight from the industry during the pandemic and we're trying to reclaim some of that ground. I think you see it with a few of the businesses in Leesburg, they're not fully staffed still- Council Member Fox: Right. 37 Item b. Page 9 | June 14, 2022 Beth Erickson: -and that is a challenge. Anything we can do to help breed and ensure that local talent can be here, is going to be a benefit. Housing is a top concern for us. Council Member Fox: I know that the staffing is widespread. I do know that. Beth Erickson: It is. Council Member Fox: Do you find that a meals tax scares people back into the County or something like that? How do we stand there? Beth Erickson: I'm sorry, ma'am. Council Member Fox: Meals tax. Beth Erickson: A meals tax? Council Member Fox: Yes. Beth Erickson: We've not really taken a whole lot of information or studied that. I know that we take a look at it from an indication of how restaurants are doing. It is one indication to see how that tax comes in, but from our perspective, we have not asked whether or not that is a deterrent and it did not come up at any time during the strategic planning process. That's a good indication. Council Member Fox: That's a good indicator. Thank you. Mayor Burk: Mr. Steinberg. Beth Erickson: Yes, sir. Council Member Steinberg: Thank you. Thanks for the presentation. On the question of loss of open space, was there a deeper dive into that question? Beth Erickson: Where it fell in the part of the discussion, I think you can look at it from a couple of different perspectives, one of which is it could be that very localized level. It could be that where as a resident, where I could be seeing something within my immediate location or neighborhood change. That could be a very localized, but I will tell you that the way that the question followed in the survey, and I also want to thank-- the Mayor did push that out, so that Leesburg residents having 16%, I thought was a great response. When you take a look at it as it was following, I truly believe that it is loss of open space of what people think of when they think about DC's Wine Country. It is having that ability to walk to see rolling hills to really have biking vineyards. Some of the outdoor attractions really comprise what I believe most residents were thinking about when they were thinking of open space in answering that question. Council Member Steinberg: Was it your indication that people express a preference for unspoiled open space as opposed to open space with facilities? I'm thinking, for example, the discussion that took place in Eastern Loudoun with-- was it Owen Park whatever? It was a small piece of land and the County decided to put infrastructure onto the land and a lot of people said, "Why don't you just leave it the way it is." I was wondering if there was an indication of preference. Beth Erickson: Sure. I think, from what I could ascertain from the data, the discussion about wanting to see more parks, wanting to have more outdoor recreation trails, would also help to direct me to what people are thinking of when they're thinking about open space. People are going to answer what is local and what is most pressing to them. Again, I think having the respondents equally dispersed from amongst the County was a really, really positive outcome of this survey. I think there's some good meaty information that we can continue to build on. 38 Item b. Page 10 | June 14, 2022 Council Member Steinberg: Okay, thanks. Beth Erickson: Certainly. Mayor Burk: Thank you. Mr. Bagdasarian? Council Member Ara Bagdasarian: Thank you, Beth. I appreciate it. Beth Erickson: Sure. Council Member Bagdasarian: Obviously, I'm very pleased to see the leverage music as a growth driver in the strategic plan review. What are some of the tactics or approaches that you plan on implementing? Beth Erickson: That was in our last strategic plan, and we're continuing that through this strategic plan. I think we looked at this as an evolution rather than a revolution of our plan. We have a vibrant committee that has been formed, that's really taking a look at what we can do to support the growth of Loudoun and Leesburg in our towns as a music destination. We're following very closely what Visit Loudoun did when we put together the Loudoun Wineries Association, the Craft Brewers Association, the Bed & Breakfast Guild. Again, we're looking at it from a very holistic, whether it is needing to have resources, needing to have access to venues to play, taking a look at what we need from a greater variety of venues to play. That's been clearly identified within the strategic plan. While we've got a lot of opportunity, we need to help to define that, and we also need to help give that voice and we're really excited to do that. Council Member Bagdasarian: I know you've explained it to me once before, but the TOT tax from the County, how much of that is used to fuel new programs with music and arts and drive [unintelligible]? Beth Erickson: Sure. The transient occupancy tax that Visit Loudoun receives from the County comprises about 98% of our budget. That really goes to support all of our programs, as does the funding that the Town of Leesburg provides. We are very, very grateful for those MOUs with the County and the MOA with the Town. I think that we've really done a great job over the last several years of defining some of those core projects that Visit Loudoun can work on very closely with the Town. A great output on that was really taking a look at the Arts and Culture page, looking to help support the arts and culture district, and we've seen great responses from that with the interactive map and we can track how many people are really engaging in those assets on the website. Council Member Bagdasarian: Great. Thank you. Appreciate it. Beth Erickson: Certainly. Mayor Burk: All right. Thank you as always and welcome to Leesburg. We're delighted it's your new residence. Beth Erickson: Thank you. I'm excited. This has been great. Thank you all so much. Mayor Burk: Thank you. Now, we are at our petitioner section, and one of the first orders of business is to hear from the public. All members of the public are welcome to address the Council on any other, any item, matter, or issue. Please identify yourself, and if comfortable doing so, give your address for the taped record. Any public speaker will be requested to state their name and spell it for the purpose of closed captioning. In the interest of fairness, we ask that you observe the three-minute time limit. The green light on the timer will turn yellow at the end of two minutes, indicating that you have one minute remaining. 39 Item b. Page 11 | June 14, 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 Order adopted by this Council, the three-minute time limit applies to all. The first person that signed up is James Garofalo, followed by, I'm going to mess this up, Jisun Bae. James is going to speak first and then you. All right. James? James Garofalo: My name is James Garofalo. I live at 601 Kristin Court. My name is spelled-- First and last, correct? Mayor Burk: Would you just spell them? Yes, for the closed ca-- James Garofalo: J-A-M-E-S G-A-R-O-F-A-L-O. Good evening, Council Members. My name is James Garofalo. I've been a sitting member of COPA since September, 2021. Earlier this month, I was one of three members to walk out in disrupt form. I'm here to explain my actions and contest the request for my resignation. Knowing what I do now about Robert's Rules, I would've stayed in the room, and so will apologize for the abruptness of our actions that interrupted the later agenda items. I'm 30 years old and have worked as a professional graphic designer for the last seven years and I graduated with a BFA from Bradford University. The vote we interrupted was on a proposed Black History Mural and foremost need to say that I have no issue with a Black History Mural being in Leesburg. My issue is with the artistic quality of the proposed mural as submitted to COPA. I'm on this committee because art is important to me and I saw things in the proposed design that are not accurate and break the fundamental principle of scale. This mural will be in our community for a long time and I'd like to be sure that my concerns are listened to and addressed before the project moves to approval. How we got here, it all was-- we thought our input was being minimized and ignored when we raised our concerns in the meeting. For example, in the composition submitted, the figure of Bazil Newman is in the wrong position to operate a rowboat, and while I understand he is facing that way because no one knows what he looks like, I invite you to Google how to row a rowboat. We suggested the project lead contact us after the meeting to discuss alternative compositional elements. We were never contacted. We were never contacted and the project lead then went directly to Council and misrepresented COPA's input. Furthermore, when Kareem had a private meeting with Councilman Ara, the project lead and the head of Loudoun's NAACP chapter, he was insulted and dismissed. The combination of these experiences led us to feel we were being strong-armed and we felt our best option was to walk out of the meeting to let things cool down until the next meeting. Again, I apologize for disrupting the other business from that evening. Even though I was threatened that I would never work in this Town again, I believe I can still participate as a member of COPA to bring a valuable perspective to the Commission. Thank you for your time. Mayor Burk: Thank you. Ms. Bae is followed by Ms. Tang. Will you give your name and spell it for the closed captioning? Jisun Bae: Good evening. My name is Jisun Bae. I am originally from South Korea, and I-- Mayor Burk: Excuse me for interrupting you, but would you spell your name so they have it for the closed captioning? Spell it. Jisun Bae: My name? Mayor Burk: Yes. Jisun Bae: Okay. My name is Jisun Bae, J-I-S-U-N B-A-E. Mayor Burk: Thank you. 40 Item b. Page 12 | June 14, 2022 Jisun Bae: I'm originally from South Korea and now I'm an American living in the Fairfax County. For cultural reasons, Chinese people believe that a person's body should remain intact after death. As a result, people in China do not want to donate their organs. Yet, suddenly, in the early 2000s, Chinese hospitals began advertising short wait times for organ transplants, where did all these organs come from? Extensive and credible reports have revealed that the Chinese Communist Party, CCP, has been killing prisoners of conscience, most of them Falun Gong practitioners, in order to sell their organs. A prominent international human rights organization recently stated, "Forced organ harvesting has been committed for years throughout China on a significant scale, and the Falun Gong practitioners that have been one and probably the main source of organ supply." You may find additional documentation in the handouts we provided. China has become a major international center for organ transplants, and many American patients travel there for this purpose. In fact, a Northern Virginia resident recently received an offer from China of a kidney transplant for $50,000. This issue should concern us here in Leesburg because members of our community who need an organ might consider traveling to China for a transplant. Here in the US, the wait time for a matching kidney or liver can take several years, but in China, they can supply a match in a matter of weeks. July 20th will mark the 23rd year of the persecution of Falun Gong practitioners in China, and the forced organ harvesting continues to this day. Please consider passing a resolution to alert Leesburg residents about the danger of traveling to China for an organ transplant and to stand in solidarity with the Falun Gong practitioners into a peaceful resistance to the Chinese Communist regime's crimes against humanity. Thank you. Mayor Burk: Than you. Thank you very much. Ms. Tang? Would you spell your name for the closed captioning? Tiny Tang: Good evening, Mayor. Good evening, Council Member. My name is Tiny Tang, T-I-N-Y, last name Tang, T-A-N-G. I'm originally from China, and I'm now a US citizen, living in Fairfax County. I would like to offer additional comments on the topic Jisun raised. Falun Gong is a spiritual practice involve gentle exercises, meditation, and the virtues of truthfulness, compassion, and tolerance. It has benefited the holistic health of over 100 million people around the world. Because of Falun Gong's immense popularity and its emphasis on spirituality, the Chinese Communist Party, CCP, consider it a threat. As a result, the head of CCP launched the persecution of Falun Gong in July, 1999. Numerous practitioners have been tortured, killed, or disappeared to this day. Shortly after persecution began, the number of organs available for transplant suddenly increased in China. Standing with me is Chunyan Wang, a survivor of the persecution. She spent seven years in prison for telling people about Falun Gong. The police in China killed her husband for protecting her. Ms. Wang was forced to do slave labor, working long hours make jackets, like she's holding now. She was also blood tested, which is one of the tests used to determine the compatibility of organs for potential transplant. The Chinese regime's persecution of Falun Gong and the practice of forced organ harvesting have been underreported in the US media. In response, the Virginia House of Delegates, and the 27 local government, including Loudoun County and the Town of Herndon, recently passed the resolution to educate their residents about the practice. Today, I ask you to do the same. Local people signed petition to support us and also invite us back to the independent parade upcoming July 4, USCS. Your action will help prevent the citizens of Leesburg from becoming unwitting accomplices to the murder of innocent people. It will also help educate our citizens that the Chinese people and the Chinese Communist Party are not one and the same. Thank you very much. 41 Item b. Page 13 | June 14, 2022 Mayor Burk: Thank you. Thank you very much for bringing this to our attention. I'm sure that this will be a topic that we will bring forward. Thank you. Tiny Tang: Thank you. Mayor Burk: All right. Is there anybody in the audience that did not sign up to speak that would like to speak at this time? Okay, nobody has come forward, so I will close this petitioners section and that takes us to the approval of the consent agenda. I will read the items and then I will ask if Council has any items they want removed. The first one is 12(a), the Replacement of the SCADA System at the Water and Wastewater Treatment Facility Design Services; (b) is Replacement of the Raw Water Variable Frequency Drive at the Water Treatment Plant (c) is Extending Cable Franchise with Verizon Virginia LLC for a Period of One Year; (d) is Donating Surplus Police Equipment to the Ukraine; (e) is Juneteenth March and Celebration Fee Waiver; (f) is the Appointment to the Technology and Communications Commission of Ben Taylor. Is there any item that anyone wants removed? Okay, then do I have a motion to accept this? Vice Mayor Martinez: So moved. Mayor Burk: Mr. Martinez accepts, makes the motion. Second? Council Member Bagdasarian: Second. Mayor Burk: Seconded by Council Member Bagdasarian. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That passes 7-0. All right. We have no resolutions tonight. We do have a couple of public hearings though, so let me begin. Okay, the first one, I will call to order the June 14th, 2022 Public Hearing of the Leesburg Town Council, unless, there is an objection, I will dispense with the reading of the advertisement. If you wish to speak, we ask you to either sign up on the sheet in the hallway outside of the Council Chamber, but if you did not get the opportunity to sign up, we will give you the opportunity to speak. In the interest of fairness, we also ask that you observe the five-minute time element. 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 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 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 a spokesperson, the group they represent, and the request for additional time. Our procedure for the public hearing is as follows. [coughs] Excuse me. First, there's a brief presentation by staff. Second, the members of the public that have signed up to speak will be called and given five minutes. The public hearing on the item for tonight is a Conveyance of Real Property. Is there any staff presentation? Hello? Keith Wilson: Hello. Good evening, Madam Mayor and Council Members. My name is Keith Wilson, I'm the Land Acquisition Manager here for the Town of Leesburg. A background on the property that we're looking at tonight is the Town by deed dated August 1967, acquired two tracts or parcels of land containing 29, a little bit more, 29 acres of land and a parcel containing 0.9576 acres. This property was for the relocation of the wastewater treatment plant from Catoctin Circle to its present location. The smaller strip, 0.95-acre tract of land being approximately 50 feet in width and 850 feet in length was providing a connection to Route 7 East Market Street to a larger parcel where the sanitary or the wastewater treatment plant was being constructed. By deed of boundary line adjustment in 2002 by 42 Item b. Page 14 | June 14, 2022 and between the Town of Leesburg and Leegate Corporation, the property of Leegate conveyed some additional land to the town, creating a 54-acre tract of parcel of land known as Parcel 22A-1. The area outlined in yellow is the 54-acre parcel of land with the narrow strip of land being approximately 50 feet in width and 840 feet in length connecting to Route 7 and the ultimate property connecting with Battlefield Parkway to be constructed in the future. Access to the plant or to the town Shop and the wastewater treatment plant prior to 2017 was by this 50-foot strip of land. With the opening of Russell Branch Parkway, access to the Town shop and wastewater treatment plant was by Russell Branch Parkway which connected to Battlefield Parkway. With the construction of Russell Branch Parkway, because of the steep terrain, there is no access to this narrow 50-foot strip, and with the construction of the Battlefield interchange along Route 7 East Market Street, this roadway was designated a limited access facility by the Commonwealth Transportation Board so there will be no access to the narrow strip of land from East Market Street. The location of the limited access line for the Battlefield interchange project is shown in blue on the aerial exhibit. There's a 0.08-acre portion of the property that's located within the limited access line in East Market Street that is proposed to be conveyed to the Commonwealth of Virginia's Department of Transportation. This leaves a residue of 0.80 acres of land for conveyance to the abutting landowner. Conveyance of the abutting landowner would be reserving a permanent water line easement that crosses the property, property being the title in the name of the budding landowner, property lines to be vacated and combined into a single parcel of land, and the landowner or the abutting landowner would need to begin development of the property within a specified period of time. Benefits of the conveyance or sale of the property relieves the town of the maintenance cost and responsibilities for the residue lot, returns the property back to the tax roll, possible commercial development, and reduces liability. The narrow strip of land is no longer used for access to the Town shop and wastewater treatment plant. With the parcels and narrow width and configuration, the property could not be independently developed in the areas considered surplus with the town having no foreseeable use or need for the property. It’s staff’s recommendation that the Town Council approved the conveyance of the 0.08-acre portion of the property located within the proposed right of way and Route 7 right of way to the Commonwealth of Virginia and declaring the remaining 0.80-acre portion of land surplus and authorizing the conveyance of the land to the abutting landowner. That's my presentation if you have comments. Mayor Burk: Before we have some people from the audience come up, does anybody have any questions on this? Mr. Steinberg? Council Member Steinberg: There are two abutting properties. That's not really all that relevant, but which property is it? Keith Wilson: When Lowe's was constructed there was a pole line running along the current Lowe's Home Center. They had no desire for the property so it would be to the vacant parcel to the less between the Lowe's Home Center and the Village of Leesburg. Council Member Steinberg: That's the one that we're anticipating a potential hotel? Keith Wilson: Yes. Council Member Steinberg: Okay, thanks. Mayor Burk: All right. Is there anybody in the audience that would like to speak? There's nobody signed up. Is there anybody in the audience that would like to speak? All right. Since nobody has come up to speak, I will close this public hearing and I will ask if there is a motion. 43 Item b. Page 15 | June 14, 2022 Council Member Steinberg: I'd like to make a motion. Mayor Burk: Yes, sir. Council Member Steinberg: I move to approve the proposed resolution to convey the portion of town land located within the area of proposed right of way in limited access line for Route 7 state highway project 007-253-109RW201 to the Commonwealth of Virginia. Do we need both at the same time? I also move to declare the land surplus and authorize Town Manager and Town Attorney offices to negotiate a purchase and sales agreement for the conveyance of the land to the abutting landowner. Mayor Burk: Is there a second? Council Member Fox, any questions or comments at this point? All in favor indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? That passes 7-0. Thank you. Next one. Did I miss something? Christopher Spera: [inaudible] Mayor Burk: Correct. Christopher Spera: Just wanted to state that for the record. Mayor Burk: Okay. [coughs] Christopher Spera: Which is okay. Mayor Burk: [coughs] Excuse me. The public hearing. Our next pub public hearing is number-- No, I skipped one. I'm on number three. I might need to be on number two. The next one is TLOA-2021- 0013, Mobile Food Unit Parking and Storage Associated with a Commercial Kitchen. I called to order this June 14th, 2022 Public Hearing on the Leesburg Town Council. Unless there's an objection, I will dispense with the reading of the advertisement. If you wish to speak, we asked that you either sign up on the sheet in the hallway outside of Council Chambers, but if you did not get the opportunity to sign up, we will give you the opportunity to speak. In the interest of fairness, we also asked 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 that you have one minute remaining. At that time, we would appreciate you summing up and yielding the floor when the bell indicates your time has expired. [coughs] 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 or the group they represent in their request for additional time. Our procedure will be as follows. First, there will be a brief presentation by staff and then members of the public that have signed up to speak will be called and given five minutes. The public hearing item on the agenda tonight is TLOA-2021-0013 Mobile Food Unit Parking and Storage Associated with the Commercial Kitchen. Hello. Chris Murphy: Good evening, Madam Mayor and Members of Council. I am here this evening to present the staff report for TLOA-2021-13, which is a Zoning Ordinance Text Amendment Authorizing Parking and Storage for Mobile Food Units Associated with Commercial Kitchens. This text amendment comes to council with the planning commission's and unanimous recommendation of approval and 44 Item b. Page 16 | June 14, 2022 staff's recommendation of approval as presented in the draft ordinance included with this evening's agenda packet. Recognizing that food trucks can be a beneficial segment of the local economy, Council adopted regulations authorizing mobile food units as temporary accessory uses within the I1, B2, B3, B4, CDC, and CDCC zoning districts. Along with these use regulations, Council also adopted use standards. One such use standard restricts overnight parking of mobile food units. Recently, Zoning staff have become aware of a situation where the owner of a commercial kitchen is offering parking and leases to the mobile food unit proprietors who are utilizing the commercial kitchen for food preparation. It's common for mobile food units to rely on commercial kitchens for food preparation when certain menu items cannot be prepared in a truck's kitchen alone. In an effort to continue support for this segment of the local economy, Town Council initiated this amendment being considered this evening back in November of 2021. The proposed amendment will add paragraph number 9 to Zoning Ordinance Section 9.5.F. Paragraph 9 authorizes the parking and storage of mobile food units associated with commercial kitchen uses and establishes minimum use standards for parking and storage that include the owner of a commercial kitchen must demonstrate to the Zoning Administrator there are surplus parking spaces on the subject property. Mobile food units may only be parked in those surplus parking spaces so designated by the Zoning Administrator. Mobile food units, when not in use, shall be stored in a property and parked within striped parking spaces. No inoperable mobile food units shall be permitted to be parked or stored in our commercial kitchen property. In other words, they must maintain all their valid permits, vehicle registration, et cetera. The town lease for temporary use permits shall be required prior to establishing a mobile food unit parking and storage, and mobile food units shall not create any nuisances when parked or stored. When measuring the amendment to the Zoning Ordinance, amendment approval criteria found in Zoning Ordinance Section 325, we find the continued support for mobile food unit operations is consistent with the Town Plan and continues to benefit the health, safety, and welfare of the Town. Once more, this amendment comes to Council with the recommendation of approval from the Planning Commission and staff. In order to aid Council moving forward this evening, I provided suggested motions on this slide for Council to use. This concludes my presentation. Mayor Burk: Thank you. Chris Murphy: Thanks for your attention. Mayor Burk: Thank you very much. Is there anybody in the audience that would like to speak? No one has signed up so I don't see anybody in the audience unless Mr. Markel chooses who he'd like to take. No? Okay. All right then are there any questions of Mr. Murphy at this point? Mr. Steinberg? Council Member Steinberg: [laughs] I'm trying to put Vice Mayor Martinez to sleep. Just, out of curiosity, if you have a commercial kitchen that is a tenant within a larger entity, meaning they don't own the property, who's responsible then for applying for the permit? The property owner or the tenant who's supplying the commercial kitchen? Chris Murphy: It's my understanding it would be the commercial kitchen owner who is leasing property to the mobile food units. Council Member Steinberg: No. Let's say for argument's sake, well, you have ChefScape, commercial kitchen. Conceivably, a food truck could make use of that facility. Now, they don't own the property. They lease the space. Is it Rappaport that has to apply for the permit or is it the tenant that applies for the permit and then the food truck also has to have the appropriate--? 45 Item b. Page 17 | June 14, 2022 Chris Murphy: For this ordinance right here, the way I understand it with-- I don't know the arrangement between ChefScape and Rappaport who's the manager of the property. I do know that the food trucks are leasing from ChefScape and ChefScape's offering leases that have parking spaces in there. Somehow, they've worked out an arrangement and so in this instance, in order to deal with that, the owner of ChefScape would apply to the Zoning Administrator for we've got surplus parking in this area. They would designate it on a drawing where these parking spaces are. They would secure the temporary use permit for the parking storage or mobile food units. They would have a designated number of spaces in this particular location that can be used by their tenants. Council Member Steinberg: Okay. Thank you. Chris Murphy: Certainly. Mayor Burk: Any other questions at this point? All right. Seeing that there's nobody that's come forward to speak, I will close this public hearing. Is there a motion anybody would like to make at this point? Yes, Council Member Nacy. Council Member Nacy: I move that Zoning Ordinance Amendment TLOA 2021-0013 Revising Leesburg Zoning Ordinance Section 9.5.4, Standards for Temporary Uses, be approved on the basis that the amendment furthers objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice. Mayor Burk: Do we have a second? Council Member Bagdasarian: I'll second. Mayor Burk: Seconded Council Member Bagdasarian. I'll let that side of the room get it this time. All in favor, indicate by saying aye. Council Members: Aye. Mayor Burk: Opposed? That passes 7-0. Chris Murphy: Thank you. Mayor Burk: Thank you, Mr. Murphy. The next public hearing we have is, I call to order this June 14th 2020 public hearing on Leesburg Town Council. Unless there's an objection, I'll 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 chamber or if you did not get the opportunity to sign up, we'll give you the opportunity to speak. In the interest of fairness, we also ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes indicating you have one minute remaining. At that time we would appreciate your summing up and yielding on the floor when the bell indicates your time is expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all. However, rather than have numerous citizens present remarks on behalf of 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 off to indicate their status as spokesperson, the group they represent, and their request for additional time. Our procedure for the hearing will be, first, there's a brief presentation by staff, and then second, members of the public who will have signed up to speak. The public hearing on the item on the agenda tonight is TLOA-2022-0003, Flood plain overlay district and Creek Valley Buffer amendments. Oh, and you're still here. 46 Item b. Page 18 | June 14, 2022 Chris Murphy: I'm still here. Good evening. Madam Mayor, members of Council. I'm here again, except this time it's for the staff report for TLOA-2020-03 which is a Zoning Ordinance Text Amendment proposing revisions to the review of Capital Improvement Projects within the Flood Plain Overlay in the Creek Valley Buffer Overlay Districts. This amendment comes to Council with the unanimous recommendation of approval from the Planning Commission as well as staff recommendation of approval as presented in the draft ordinance included in this evening's packet. Zoning Ordinance section is 7.11.8 establishes permitted uses within the Flood Plain Overlay District. Many of these uses include typical public improvement-type projects. In other words, rec facilities, trails, road utility crossings, and stormwater management improvements. However, Section 7.11.8.B also establishes a proviso disqualifying such uses as by-right if when such a project requires structures or fill. The Creek Valley Buffer was established to protect riparian areas and water quality by requiring buildings, structures, parking facilities, and other impervious services, to be set back a minimum of 150 to 250 feet from specific waterways in order to allow certain improvements and developments called for in the Town Plan or when lot configurations or in consideration of reduced setbacks, Zoning Ordinance section 14.2.2 was established. However, no reduction is applied to the 250-foot setback on the Potomac River. Some projects in the adopted Capital Improvement Plan could be impacted by provisions of the floodplain overlay in Creek Valley Buffer. Capital Improvement Projects are established to meet public needs in the goals of the Town Plan. Public scrutiny is applied through the capital improvement planning process, and individual projects are designed in-house pursuant to the Town's own regulations in the Design and Construction Standards Manual, the DCSM, the SLDR, the Subdivision Land Development Regulations, and the Zoning Ordinance. Any special exception review to this only reapplies the same minimum standards from the DCSM, the SLDR, and the Zoning Ordinance. In the Town Plan, when evaluating the design against the standards for a special exception found in Zoning Ordinance section 7.11.10. In order to consider whether additional special exception review of Capital Improvement Projects is extraneous, this amendment was initiated through the adoption of Resolution 2021-191. Post text amendment in the Flood Plain Overlay District. The amendment to section 7.11.2 establishes a definition for Capital Improvement Project, and it does include public improvements by all levels of government. Revisions to Section 7.11.7 do not change the substance of the existing regulation. The changes only make the section easier to read and to understand. The amendment to section 7.11.8 establishes Capital Improvement Projects by right in both major and minor floodplains, as well as adds Capital Improvement Projects as being exempted from special exception review when any such project requires fill in a major floodplain. In the Creek Valley Buffer. Paragraph C will be added to Section 14.2.2 establishing a conditional reduction of the 250-foot setback along the Potomac River to 50 feet minimum when full compliance with the DCSM stormwater quality requirements is demonstrated in the project design. Finally, revision to Section 14.6 clarifies that the DCSM is the ordinance to refer to for the definition of land-disturbing activities. When weighted against the Zoning Ordinance amendment approval criteria established in Zoning Ordinance section 3.2.5, staff finds that because Capital Improvement Projects are established to address specific public needs, they're scrutinized through the Capital Improvement planning process and then designed in-house by applying the town's own development standards that were themselves established to assure the protection of the health, safety, and welfare of the community. The by-right review of Capital Improvement Projects under such scrutiny will not jeopardize the community if special exception review is no longer required. In order to aid Council moving forward, I provided suggested motions for you here. Again, this amendment comes to Council with 47 Item b. Page 19 | June 14, 2022 recommendations for approval from the Planning Commission and from staff. This concludes my presentation. Mayor Burk: Okay, thank you. Does anybody have any questions? I do have a couple of small ones. You're saying that this really is to change the language so that it's clear and I can see that on a couple of them. Actually, I can see it on all of them now that look at it. Does this change anything? I know you said something about special exception that I didn't completely get. Does this change anything in the process? Chris Murphy: You mean for the by-right review? Well, in those instances where you would want to build and make an improvement that requires fill or a structure. The process right now would dictate that you'd have to process a special exception if it's within a floodplain area. This right here would exempt Capital Improvement Projects from the special exception review. The feeling is, and as I did in my summary, that because it's a Capital Improvement Project, it goes through this body, goes through a public process there, and then we design it in-house. Our own engineers working with consulting engineers. Use the DCSM, the Subdivision Land Development regulations for the Zoning Ordinance. Even FEMA regulations, et cetera. We use all those regulations as a minimum standard to design these projects. It seems extraneous that we have to go through a special exception review only to look at the same standards that we've already held the application to. We're just trying to-- Mayor Burk: Even though it goes from a 250-foot setback to a 50? Chris Murphy: Oh, that's under the Creek Valley Buffer? Yes, but the standard for that, it's a conditional reduction 250 to 50, so long as you provide for the stormwater management requirements are met to the letter of the law. Now, there are reductions permitted for every other stream that qualifies under Creek Valley Buffer, but there's not one for the Potomac River. You have a capital improvement project on your approved Capital Improvement Plan for a boat launch or at Veterans Park. Under the Creek Valley Buffer regulations, you wouldn't be able to build that where it's planned to be built so this would provide a means for reduction of that buffer from 250 to 50 to help make that work. Mayor Burk: Okay. You said the Planning Commission accepted this? Chris Murphy: They did. Mayor Burk: It was unanimously. Chris Murphy: Unanimously. Mayor Burk: All right. Any questions from this side? Mr. Bagdasarian? Council Member Bagdasarian: I did have a question, but you more or less answered it. Just for clarification, is that what was in mind with this modification more than other projects or other areas along the creek that would be implicated by this? Chris Murphy: Yes, there's a number of projects in the Capital Improvement Plan that would have to go through special exception reviews in order to get their final approvals. The Veterans Park is one. There's the crossing at Tuscarora Creek that would have to go through that, either to repair that at the crossing there. Slipping my mind right now, but yes, there are a number of projects in the approved Capital Improvement Plan that would need to go through special exception to get final approval. Mayor Burk: Mr. Steinberg? 48 Item b. Page 20 | June 14, 2022 Council Member Steinberg: Thanks, Chris. For all intents and purposes, I'm comfortable with this process. Any Capital Improvement Project, before it ever gets to this stage, obviously, has to come before this body under careful consideration to decide if it's worthwhile. From a technical standpoint, my question is how was the 250-foot buffer arrived at in the first place and how is it we're just catching up to your proposal now? Chris Murphy: Truthfully, I can't tell you how we came up with 250 feet. Council Member Steinberg: Would that not have come from another agency of some sort, Federal or State, that would have dictated? Chris Murphy: To tell you the truth, I don't. I can't answer that. I can find out for you but I don't know offhand. I do know that the Creek Valley Buffer, when it was developed, it's at the time when we had an Environmental Planner on staff prior to his retirement. Did he look at certain standards for repair of riparian areas to assure that there was adequate tree cover to maintain the water temperatures, to maintain the quality of water, to filter stormwater before it enters the natural streams? Perhaps it was felt in some standard then that 250 feet was the most appropriate for some streams versus others. Council Member Steinberg: Okay, so then circling back, why now, I guess then, would be the final question? What is it that caused this thing to bubble up so that we need to deal with it? Chris Murphy: It's my guess, it's my speculation, that Veterans Park. Wanting to build the boat ramp there. I guess we've avoided it maybe because of the water treatment facility. I don't know if it's actually within Town limits, the water treatment facility, or there's not been a project requiring getting closer or not. The water intake. Not the water treatment facility. Getting close to the Potomac River there. Council Member Steinberg: Basically, we've waited until by necessity we had to deal with the situation. Chris Murphy: It probably wasn't realized until now. Council Member Steinberg: Okay, thanks. Chris Murphy: Sure. Mayor Burk: Ms. Fox? Council Member Fox: Just one quick question. A couple of slides back you referenced trailer parks and I wanted to get a sense of how it affects that. I just didn't grasp that. Chris Murphy: It wouldn't affect trailer parks. Basically, it says if there's a trailer park within a floodplain area, it's allowed to stay but you can't [coughing]. Council Member Fox: Okay, so it's grandfathered by that. Chris Murphy: Right. Council Member Fox: Okay, that's what I thought, but I wasn't sure. I wanted to clarify. Chris Murphy: Just so you know the existing trailer park that we have here is on top of a hill so it's not as high. If it floods, we're all in trouble. Council Member Fox: Yes, you're all in trouble. Thanks. [laughs] Mayor Burk: All right. Is there anybody that we have signed up to speak? Is there anybody in the audience that would like to speak on this topic? There being no one, I will close this public hearing. Is there a motion? 49 Item b. Page 21 | June 14, 2022 Council Member Fox: Do I have to [crosstalk] Mayor Burk: Yes, you have to read it. Council Member Fox: Okay. [inaudible] further objectives of the Town Plan, and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice. Mayor Burk: Is there a second? Mayor Burk: Seconded by Council Member Steinberg. All in favor. Members: Aye. Mayor Burk: Opposed? That passes 7-0. Chris Murphy: Thank you all very much. Mayor Burk: You too. You're released. [chuckles] Chris Murphy: Thank you. Mayor Burk: Our next public hearing-- Chris Murphy: I'll see you next month. Mayor Burk: I call to order this June 14th, 2022 public hearing of the Town of Leesburg. 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 at the sheet in the hallway outside of the Chamber, or if you did not get the opportunity to sign up, we'll give you the opportunity to speak. In the interest of fairness, we ask you to observe the two-minute time limit. The green light in front of you will turn yellow at the end of one minute 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 two-minute time limit applies to all. However, rather than have numerous citizens present remarks on behalf of the group, the Council will allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers, when they sign up, to indicate their status as spokesperson, the group they represent, and the request for additional time. Our procedure for the hearing is as follows. First, there's a brief presentation from staff, then the members of the public that have signed up to speak will be called and given their time to speak. The public hearing on tonight's agenda is the amending the council pay. Mr. Spera. Christopher Spera: Good evening, Madam Mayor, Members of Council. I regret I was unsuccessful in getting Mr. Murphy to stay to do this one as well. That was a joke. Back in March, you instructed us to prepare an amendment to the Town Code so that without further action of the Council, Council pay would move up incrementally with any COLA that was adopted by you for the Town staff. All we have before you tonight is a very simple amendment to Town Code Section 2-197. Here's your existing ordinance. Then we simply added the bold underscored language to Sub A. It would become effective with the COLA that you already approved that would go into effect on the first of July. Relatively simple amendment. Language speaks for itself. It is not particularly complicated and I believe it effectuates the change that you asked us to make. Very simple suggestion [crosstalk] Mayor Burk: Any questions on this? Ms. Fox? Oh, I'm sorry. Were you finished? Sorry. 50 Item b. Page 22 | June 14, 2022 Christopher Spera: Yes, ma'am. Mayor Burk: No? Council Member Fox: This is automatic, right? Every single time. Christopher Spera: Yes, ma'am. The intent here is that this would not require any further action of the council. If you choose to implement a COLA for the staff, Mayor and Council pay gets the same COLA. You have to take no additional action. Council Member Fox: Okay, thank you. Mayor Burk: Any questions? Council Member Nacy: I have a follow-up to that question. If there were a Council that implemented a COLA but said they wanted to take away Council and Mayor pay attached to that, would then we be back here to amend it again? Christopher Spera: They could. They would then seek to amend it. That's correct. Mayor Burk: All right. Any other questions? Anybody in the public have a great desire to speak to this topic? Nobody has signed up? All right, that being the case, I will close the public hearing. Is there a motion? Council Member Steinberg: I'll read the-- Go ahead. Vice Mayor Martinez: [inaudible] for the Mayor. The mic is on. It's not my problem you can't hear. I'll start all over again. I move to approve the proposed ordinance to amend the Town Code Section 2-197, Compensation for the Mayor and Members of the Town Council. Council Member Steinberg second. Mayor Burk: Seconded by Council Member Steinberg. All in favor? Council Member Steinberg: Aye. Vice Mayor Martinez: Aye. Council Member Bagdasarian: Aye. Mayor Burk: Opposed? Council Member Zach Cummings: Nay. Council Member Nacy: Nay. Council Member Fox: Nay. Mayor Burk: Okay, I've got to get names then. Okay, in favor, Mr. Steinberg, Mr. Martinez, Ms. Burk, Mr. Bagdasarian. Opposed, Ms. Nacy, Mr. Cummings, and Ms. Fox. It does pass. Christopher Spera: Thank you, all. Mayor Burk: Okay. All right, let us move forward then. That takes us to Council disclosures and comments. Does Ms. Fox have anything for tonight? Council Member Fox: I do. I don't have any disclosures but I would like to add something for consideration. Rich and Ashley Harper are Town residents and they were just honored by the County 51 Item b. Page 23 | June 14, 2022 because they are this year's Foster Parents of the Year, and because they're Town residents, I would love to ask us to consider a proclamation for them as well. Mayor Burk: You would like a proclamation and you have their names. You know who they are. Council Member Fox: Yes, Richard and Ashley Harper. Mayor Burk: Richard and Ashley Harper. Do we vote on that tonight? Is that something we--? No. Do I have the four votes or does everybody vote on it? Okay, four- Chris Spera: Four [inaudible] Mayor Burk: Yes, I need to know. Council Member Fox: I'm sorry? Chris Spera: At which meeting? Council Member Fox: As soon as possible. They were just recognized so the closer the-- I guess the next business meeting if that's okay. Yes. Mayor Burk: Okay, so you have four people that are willing to do that? Yes. I think that's everybody. Okay? Council Member Fox: Thank you. Mayor Burk: Mr. Steinberg? Council Member Steinberg: Yes. No disclosures. I'd like to offer two items for future meetings. One- [coughs] excuse me—we voted for the Verizon agreement in tonight's Consent Agenda. In looking at the renewal of this agreement, the residents were asked about certain questions regarding their experience with Verizon, and one of the biggest returns that came from that survey had to do with internet service. The point is, the agreement with Verizon has a lot more to do with cable which people are using less and less so I'd like an agenda item that actually discusses how we might bring this agreement more into the 21st century since more people are using streaming services and this agreement doesn't exactly address that issue in terms of service to the residents. That's one. Mayor Burk: This isn't something that the Technology Commission should talk about first? Council Member Steinberg: The Technology Commission has talked about this. Mayor Burk: All right. Are there four people that want to talk about streaming service with Verizon? Okay. [unintelligible]. Council Member Steinberg: The second one, we have some heartfelt petitioners here. I wouldn't suggest that we issue a proclamation without due diligence, but I would like if people are going to do their own research, then I would like to bring that forward and see if at the right moment that we'd be willing to do a proclamation for it. Maybe that should be a topic of discussion. Mayor Burk: This is a proclamation-- Council Member Steinberg: In support of the request that two of our petitioners made. Mayor Burk: Okay, and they gave us a whole folder on it and it does have proclamations from- Council Member Steinberg: Correct. Other jurisdictions in the State. 52 Item b. Page 24 | June 14, 2022 Mayor Burk: -and Loudoun, yes. Council Member Steinberg: I thought people might be more comfortable if they had a chance to read through it first before we consider. Mayor Burk: Are there four people that want to talk about this at a future work session? Okay. Everybody? Council Member Steinberg: That's it. Thanks. Mayor Burk: Okay. Mr. Cummings? Council Member Cummings: No disclosures but a brief statement. As Council Members, we appoint members of the community to our advisory boards and commissions to represent the Council and Town. These boards and commissions act in an advisory capacity to us the Council. A commission like the Commission on Public Art has a history of helping create our small-town charm. Over the course of the last few COPA meetings, there's been an overall disruptive, disrespectful, and hostile atmosphere. This came to our head when three members decided to shut down a meeting rather than listen to a presentation by a visitor. I don't believe we can allow anyone associated with the Town of Leesburg to treat people in a hostile disrespectful way. This is not about being in support or opposition of any proposal. It's about representing the town of Leesburg in a respectful dignified manner. Tonight I want to ask that we remove Kareem McCullough from the Commission on Public Art in order to help restore our commission to a working professional commission. Council Member Steinberg: Did you ask the [inaudible]. Mayor Burk: I'll put it on a future agenda. Are there four people that would be willing to put this--? Oh, that's right. You told us last night you have the [crosstalk] Christopher Spera: This is 14, sub 3. Mr. Cummings can add that. We will simply add it with the other two that were requested last night. All three of them would be on the 28th. Mayor Burk: All right. Thank you very much. I'll try to remember these things. Mr. Steinberg, you've got your light on. Are you done? Council Member Steinberg: Yes. Mayor Burk: Ms. Nacy? Council Member Nacy: No disclosures, no. Mayor Burk: Okay. Mr. Bagdasarian? Council Member Bagdasarian: No disclosures. I just regret that I will not be here for the 27th and 28th Work Session and Council meetings. I'll be in a Campus Law Enforcement Conference in Las Vegas but wish you the best. Mayor Burk: Mr. Bagdasarian, didn't you want to bring something up that you talked about at the last meeting? Yesterday's meeting? Council Member Bagdasarian: Oh, yes. Thank you very much for the reminder. Yes, I would like to ask the Town Attorney, to update the Public Art Guidelines to include language that addresses unsolicited art projects to the Town. Currently, it specifies Town-initiated projects, but we don't have 53 Item b. Page 25 | June 14, 2022 non-Town-initiated projects. This would recommend that it spells out that it follows the same process as Town-initiated projects because it's currently a grey area. Mayor Burk: All right. Are there four people that would be willing to support that? Council Member Steinberg: I just wanted to clarify. We're not directing that. We need to have the discussion before the Town Attorney does that, yes? Okay. Mayor Burk: All right. There's everybody. I have no disclosures. That's not true. I should say I don't have any disclo-- The one thing I did want to bring forward was I would like to have a discussion on scooters. I'm adamantly opposed to having scooters and I think we need to have that discussion. [laughter] Council Member Nacy: Yes. Mayor Burk: Do you need Ms. Fox, Mr. Steinberg, myself, Mr. Bagdasarian and Ms. Nacy. I would like to thank-- On June 1st, I joined Congresswoman Wexton in dedicating the post office on Market Street to Norman Duncan. He was a World War II veteran, father, husband and community activist, and he spoke to the Lansdowne community at many of the Board of Supervisors meetings. He will be missed but he will live on in the post office naming. He was quite a character if you had ever had the opportunity to meet him. I want to thank 880 Harrison Street for allowing me to have a Meet the Mayor. That's a great shared office space. I also want to welcome Tap in Golf. This is a new business that allows people to golf indoors, but also shows all the stats on the swing, on the speeds, the angles, the hit spot, your shoulder movements. It's a great place to meet and have fun and become a better golfer. I want to welcome Deborah Morbeto's Art Gallery on Loudoun Street. It's a really fun gallery that has lots of different artists on display for purchase. June 4th, I participated in the Sons of the American Revolution for Wayne's Crossing on the Courthouse lawn. I believe Miss Fox joined us also. I'm glad to commemorate this important point in our Revolutionary War that Leesburg was involved in. I also attended Moms against Gun Violence and participated in giving cake and ice cream to the cancer survivors at the Relay for Life. It's good to see so many people that have fought the fight and made it. On June 5th, the George Marshall International Foundation held a commemoration of the 75th anniversary of the Marshall Plan. The British Ambassador was present as well as deputies from Finland and Sweden. June 6th, we raised a Juneteenth flag in a ceremony on the Town Green. June 18th will be the celebration at Ida Lee and you heard that June 19th will be a celebration at Claude Moore. On June 10th, we said goodbye to our Arborist at his funeral. We will miss Tyler. His presence most certainly was important, and I most certainly was honored to have gotten to work with him. All my sympathies go to his family. Finally, I want to thank SimplyBe for allowing me to do the Meet the Mayor today. It's a great coffee shop which has a unique model and it's very much worth visiting. My next Meet the Mayor will be at Dairy Queen, 10:00 to 12:00 on Thursday so stop by. Anybody have a motion to adjourn? Oh, wait a minute. Got to ask the Town Manager. Chris Spera: Well, I didn't [crosstalk] Mayor Burk: I missed you again. See, I'm already sending you off. I know. Yes, sir. Vice Mayor Martinez: First off I got no disclosures, but a couple of comments on Stroke Awareness. I have recently known three people that have had strokes. Thank God, they were aware of what was going on. Unfortunately, one was very serious, but the other two managed to get to the hospital in time to have it taken care of. The question I have for Town Staff is, do we have any kind of training or any 54 Item b. Page 26 | June 14, 2022 discussion with staff and maybe even Council on what to look for on a stroke warning, on the signs of strokes? Kaj Dentler: I do not think so. Vice Mayor Martinez: Do you think it's appropriate that maybe we put something out there to let people know? Okay, well I appreciate that. Also, one of the things the Mayor didn't mention about Tap in Golf, which I was there, was they had this phenomenal screen for kids. That they get to swing the ball and all these cartoon characters come up. It's really a lot of fun and I enjoyed being there. Mayor Burk: That's where he spent all his time. Vice Mayor Martinez: Yes, I did and I'm proud of it. I love cartoons. Then, Asa, I want to thank him for giving me a ride. The funny part is everywhere we went, people were asking, "Oh, are you coming here now? I want to get picked up." We were driving by and I asked him to pull over to a driveway party where all the neighbors in the community were there. I pulled up and told them who I was and the first thing out of their mouth is, "Is he coming to pick us up now?" They were just all kinds of excited. I think that Asa's taxi cart is going to be very well received within the community. There are a lot of people right now expecting it because of me and him driving around Town and telling people that this is coming or this could be coming. I wanted to make a note on that. I was also with the moms on Sunday doing the marches. By the way, it was a really long march. I'm still recovering but I appreciate them allowing me to be with them. FYI, no elected officials were allowed to speak at their event so I just sat there and walked in support of gun sense and against violence using guns and all of the other stuff that has been going on lately. I don't know how we as a Council can work with that but I would love to see, maybe, some kind of initiative or motion or proclamation, whatever, supporting the Moms Demand Action and now their march. Madam Mayor, I know you're trying to get me out here a little earlier but I want to stay till December and I'm going to remind you that I'm here. Mayor Burk: Okay. Fair enough. Vice Mayor Martinez: Okay, thank you. Motion to adjourn. Mayor Burk: Town Manager. See, you're forgetting him. Aha. [laughter] Kaj Dentler: I feel the love. Don't worry. Very quickly, I also want to publicly thank the service that Tyler Wright provided to our community over the last three to four years and I want to thank the Council for your support to his family. Thank you for that. Unfortunately, our Leesburg family also lost another team member. Long-term serving member of our Police Department since '03, and even much further back to our community in the Volunteer Fire Department and Rescue Squad. Sherry Riley passed away over the weekend, as you know. Her services are on Wednesday of next week. I've sent you the information so if you wish to visit the family, et cetera, you have all the information to do that. Just wanted to recognize that and thank her for her service. Mayor Burk: All right. Is there a motion to adjourn? Second? Miss Nacy, all in favor. Opposed? We're done. 55 Item b. PROCLAMATION Recognition of Foster Parents Ashley and Richard Harper WHEREAS, foster care is essential as it provides a secure environment for a child who is separated from parents or relatives; and WHEREAS, separation from parents and relatives is sometimes necessary to avoid continued abuse, neglect, abandonment, or instances that endanger a child’s wellbeing; and WHEREAS, foster parents provide a safe haven for children that are scared, angry, or confused; and WHEREAS, children in foster care range in age from birth to 21 years; and WHEREAS, foster parents provide a safe haven for children in crisis by helping them develop a sense of belonging in the foster home; and WHEREAS, foster parents welcome into their homes children of all ethnicities, religions, gender identities, or cultures; and WHEREAS, foster parents are dedicated community members who many times place the foster child’s needs ahead of their own. THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg in Virginia recognize Ashley and Richard Harper for their love, dedication, and exceptional commitment as foster parents and for helping 13 children of our community over the past 7 years. PROCLAIMED this 12th day of July, 2022. ____________________________________ Kelly Burk, Mayor ____________________________________ Fernando “Marty” Martinez, Vice Mayor ____________________________________ Ara H. Bagdasarian ____________________________________ Suzanne D. Fox ____________________________________ Zach Cummings ____________________________________ Kari Nacy ____________________________________ Neil Steinberg 56 Item a. Council Meeting Date: June 28, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Public Input Session - Police Citizen Task Force Staff Contact: Kaj H. Dentler, Town Manager Gregory C. Brown, Chief of Police Council Action Requested: At their Work Session on April 25, 2022, Council requested a Public Input Session regarding the Final Report submitted by the Police Citizen Task Force. Staff Recommendation: Not applicable. Commission Recommendation: Not applicable. Fiscal Impact: None. Work Plan Impact: None. Town Plan Impact: Not Applicable. Executive Summary: In July 2021, Council approved Resolution No. 2021-107 for the formation of a citizen task force to evaluate the potential establishment of a police advisory commission. See Attachment #1. The Task Force held its first meeting in October 2021 and held eight additional meetings to complete their final report which was presented to Council on April 11, 2022. See Attachment #2 The Task Force found that the Leesburg Police Department is motivated to police itself against any office complaints or alleged wrongdoing; is committed to professionalism in public interactions; is committed to transparency to the public; and is committed to forging positive community relationships. As a result, the Task Force did not recommend the establishment of a police advisory commission for the Leesburg Police Department. Background: At their July 27, 2021 meeting, Council approved Resolution No. 2021-107 to create a citizen task force that would evalute the potential establishment of a police advisory commission. See Attachment #1. The purpose of the proposed task force was to review polices and procedures of the Leesburg Police Department; evaluate educational outreach and citizen engagement efforts; and to review police reform measures. The Task Force started meeting in October 2021, and presented their final report to Council for consideration on April 11, 2022. See Attachment #2. The effort of Council to create a citizen task force on this topic was associated with the Governor’s action in July 2021 that approved Virginia Assembly Senate Bill 5035 that authorizes, but does not require, certain local governments to create civilian oversight bodies to have direct oversight over 57 Item a. Public Input Session - Police Citizen Task Force June 28, 2022 Page 2 certain law enforcement entities. Note however that the respective legislation does not authorize towns to create civilian oversight bodies per Virginia Code §9.1-601(A)(1) which defines a “locality” authorized to create a civilian oversight body but excludes towns: ‘"Locality" shall be construed to mean a county or city as the context may require.’ At the direction of Council, the Town Attorney requested an Advisory Opinion from the Attorney General’s Office regarding the Town’s interpretation of the respective State Law. The Attorney General's Office Opinion's Division responded to the Town Attorney by telephone on July 20, 2021, indicating that it agreed with the Town's interpretation of the state code as currently written in that towns are not empowered to create civilian oversight bodies. Attachments: 1. Resolution No. 2021-107 2. Final Report – Citizen Task Force 2022/01 58 Item a. PRESENTED: July 27, 2021 RESOLUTION NO. 2021-107 ADOPTED: July 27, 2021 A RESOLUTION : CREATION OF A CITIZEN TASK FORCE TO EVALUATE THE ESTABLISHMENT OF A POLICE ADVISORY COMMISSION WHEREAS, in October 2020, the Governor signed into law Virginia Assembly Senate Bill 5035 which becomes effective July 1, 2021 that authorizes, but does not require, certain local governments to create civilian oversight bodies to have direct oversight over certain law enforcement entities; and WHEREAS, the legislation however does not authorize towns to create civilian oversight bodies per Virginia Code §9.1-601(A)(1) which defines a “locality” authorized to create a civilian oversight body, but excludes towns: ‘"Locality" shall be construed to mean a county or city as the context may require; and WHEREAS, absent an amendment to the law, the Town cannot create an oversight body with the powers enumerated above as only a county or city can do that; and WHEREAS, at its July 12, 2021 Work Session, Council discussed the formation of a citizen task force to evaluate a police advisory commission since the Town does not currently have the authority to establish an oversight board. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1.The Town hereby creates a Citizen Task Force to evaluate the establishment of a police advisory commission for the purpose of enhancing public trust, increasing public communication and transparency, and promoting public education on police procedures to ensure the fair and equal treatment of all citizens by the Leesburg Police Department. 2.The Citizen Task Force will include, but not be limited to, a review of the policies, procedures, and protocols of the Leesburg Police Department; police training guidelines; educational outreach and citizen engagement programs; and police reform measures. 59 Item a. 2- A RESOLUTION: CREATION OF A CITIZEN TASK FORCE TO EVALUATE THE ESTABLISHMENT OF A POLICE ADVISORY COMMISSION 3. The Citizen Task Force shall have no involvement or responsibilities associated with human resources and personnel matters ofthe Leesburg Police Department. 4. Each Town Council member will make an appointment to the Citizen Task Force. 5. Appointments to the Citizen Task Force must be residents of the Town of Leesburg with experience and/or familiarity with police policies, procedures, law enforcement operations, and/or a legal background. 6. Town staff, including,but not limited to, representatives from the Police Department, Town Manager's Office, and Town Attorney's Office will provide administrative support to the Citizen Task Force. 7. The Citizen Task Force shall convene for an initial meeting at a date, location, and time set by the Town Manager with subsequent meetings determined by the members of the Citizen Task Force. 8. The Citizen Task Force shall operate for a period of no more than 6 months starting with its first official meeting, and will present a formal written report to Town Council on its recommendations. PASSED this 27th day of July, 2021. P"'-°Kelly : 41 ayor Town of Leesburg ATTEST: Clerk of Council 60 Item a. 4/8/2022 1 TownofLeesburgResolution2021-107CitizenTaskForce FINAL REPORT TO TOWN COUNCIL AMY M. HARBERTASK FORCE CHAIR APRIL 11, 2022 TownResolutionNo.2021-107 Adopted July 27, 2021 Adopted in response to Va. Code Section 9.1-601’s exclusion of towns from the governmentorganizations authorized to create lawenforcement civilian oversightbody Purpose of Task Force: ◦Evaluate establishment of police advisory commission to ensure fair & equal treatment of all citizensby Leesburg Police Department (LPD) w/ focus on: ◦Enhancing public trust ◦Increasing public communication transparency ◦Promoting public education on police procedures Specifies thatTask Force shall have “no involvementor responsibilities” related to LPD’sHR/personnel matters Section9.1-601Responsibilities Dutiesset forth in Section 9.1-601(C)(1-8) Sections (C)(1), (C)(2), (C)(3), and (C)(5) deal w/ body’s involvementin complaints& personnelissues Specific duties considered by Leesburg Task Force: ◦(C)(4)– Investigate policies, procedures, & practices of law enforcement agencies & makerecommendations for changes ◦(C)(6)– Request reports of annual expenditures & make budgetary recommendations to governmententity re: future appropriations ◦(C)(7)– Make public reports on Task Force activities ◦(C)(8)– Undertake other duties “as necessary” to effectuate its purpose 1 2 3 4 Item a. 61 Item a. 4/8/2022 2 Town’sTaskForceMembership First meeting held October 20, 2021 w/ 7 members◦One initial member moved out of town after 1stmeeting & consequently had to resign ◦Replacement member joined meetings in December 2021 ◦5 of 7 members attended at least 75% of meetings Met 8 times between October 20, 2021 – March 9, 2021 Reviewed LPD General Orders w/ Town consent Heard presentations from LPD personnel on topics including:◦Departmental overview ◦FOIA & Transparency ◦Community Outreach◦Recruitment/retention◦Officer Training LPD & Town Staff available to members for additional questions TaskForceFindings Task Force as a whole found that LPD& officers are: ◦Motivated to police itself against any officer complaints or wrongdoing ◦Committed to professionalism in public interactions ◦Committed to transparency to the public ◦Committed to forging positive community relationships By a voteof 6-0**, the Task ForceDOESNOTrecommend the establishment of a police advisorycommission for LPD as there is no data or anecdotal evidenceto suggestthe need for it. Vote takenonFebruary9, 2022; onememberabsentfrommeeting. TaskForceRationaleforRecommendation LPD only had 15 IA complaints in 2020 & ½ internally reported◦Civilians can report via town web site, e-mail, via direct report w/ supervision LPD undergoes independent accreditation process every 4yrs◦Process involves meeting 190+ separate standards LPD sponsors multiple community events & initiatives◦Fiesta Latina, Shop-with-a-Cop, Coffee w/ a Cop, National Night Out, etc.◦Designated officers for each HOA◦Active on multiple social media networks (Facebook, Instagram, LinkedIn) Personnel already participate in existing Town boards & commissions◦Staff regularly attend Residential Traffic, Diversity commission meetings◦Staff can be asked to attend additional pertinent existing groups if needed Personnel are involved in numerous multidisciplinary committees related to public safety, victimservices, & criminal justice both locally & statewide◦Examples: DART, CAC, CIT, Involuntary Commitment Committee, etc. 4 5 6 5 Item a. 62 Item a. 4/8/2022 3 TaskForceRecommendationstoCouncil SignificantDepartmental Funding Needs: ◦Additional FOIA/transparency staffsupport ◦Dedicated LPD Training Budget ◦LE-specific grant coordinator/analyst Vacancysavings should be returned to Dept.budgetfor use for the abovefunding needs Additional Recommendations: ◦Separate compensation/pay band for swornpersonnel v. town employees ◦Recruitment effortswould benefit from: ◦Financial incentive to participate in Police Explorer/Cadet program (scholarships, hiring bonus, etc.) ◦Local advocacy for better retirement benefits at state level (Ex. – Higher VRS multiplier, Applying leave hrs to VRS service credit) 7 6 Item a. 63 Item a. Council Meeting Date: June 28, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Agreements with The Evergreene Companies, LLC to Facilitate Installation of Stormwater Infrastructure Associated with Residential Development Staff Contact: Christine Newton, Deputy Town Attorney William R. Ackman, P.E., Director, Department of Plan Review Keith Wilson, Land Acquisition Manager Council Action Requested: The Evergreene Companies, LLC (“Evergreene”) seeks Council approval of two agreements necessary to facilitate development of its property located at 107 Morven Park Road: an encroachment agreement, and an agreement for the use of Town property and Town stormwater easements (titled “Offsite Stormwater Infrastructure Installation Agreement”). Staff Recommendation: Staff is able to support Evergreene’s requests to encroach upon Town property and to use Town property and Town stormwater easements for installation of certain stormwater infrastructure, in accordance with the terms and conditions incorporated into the two proposed agreements as written. Commission Recommendation: Not applicable. Fiscal Impact: Approval of the proposed encroachment agreement will have no fiscal impact. Approval of the agreement for use of Town property and Town easements will facilitate Evergreene’s replacement of certain existing Town-owned storm drainage infrastructure with newer and higher-capacity infrastructure, thereby extending the useful life and improving the efficiency of the Town storm drainage system at no cost to the Town or to the owners of the neighboring properties. Work Plan Impact: Monitoring Evergreene’s compliance with the proposed Offsite Stormwater Infrastructure Installation Agreement will require time of administrative staff in the Department of Plan Review. Town Plan Impact: None. Executive Summary: To meet applicable stormwater infrastructure requirements associated with their site development located at 107 Morven Park Road, Evergreene Homes has requested Town consent to encroach on Town property and to make improvements to storm pipe within Town- owned easements. Evergreene intends to upgrade Town-owned storm drainage infrastructure with newer and higher-capacity infrastructure. The upgraded infrastructure will extend the useful life and improve the efficiency of the Town storm drainage system within a portion of this drainage shed at no cost to the Town or to the owners of the neighboring properties. 64 Item a. Agreements with The Evergreene Companies, LLC to Facilitate Installation of Stormwater Infrastructure Associated with Residential Development June 28, 2022 Page 2 Background: The Evergreene Companies, LLC (“Evergreene”) is the owner of certain real property within the Town, known as 107 Morven Park Road (the “Evergreene Parcel”). The Town owns the unimproved real property adjacent to the western boundary of the Evergreene Parcel (the “Town Parcel”). See Attachment #3. Evergreene has submitted a by-right land development application on the Evergreene Parcel for the development of a residential subdivision. In order to meet applicable storm drainage requirements on the property, Evergreene has proposed certain storm drainage improvements and facilities, including the construction of: a stormwater detention basin on the Evergreene Parcel, which will necessitate certain grading of the Town Parcel. See Attachment #7; a permanent access road for maintenance of the detention basin, which access road is proposed to be partially located on the Town Parcel. See Attachment #5; and certain offsite stormwater infrastructure improvements within certain stormwater drainage easements previously granted to the Town (“Town Easements”), and within certain Town rights-of-way. See Attachment #8. An encroachment agreement is necessary to authorize the location of any permanent structure on or over Town Property. Town Staff has negotiated the proposed encroachment agreement per Attachment #4, which provides that Evergreene will be responsible for maintenance and replacement of the access road as necessary; that the access road may not be expanded or relocated without the consent of the Town; and that Evergreene shall bear all liability associated with the encroachment and shall hold harmless and indemnify the Town for any and all damages and costs arising out of the encroachment. The Town’s Land Acquisition Manager has determined that the proposed grading of the Town Parcel and the location of a portion of the permanent access road on the Town Parcel will not negatively impact the value of the Town Parcel. The size and shape of the lot would not allow for its development as a stand-alone residential lot. The parcel is encumbered by storm drainage, sanitary sewer, and waterline easements, which will be unaffected by the proposed grading. Evergreene has proposed to install new and upgraded stormwater piping and infrastructure along portions of the stormwater outfall running from the Evergreene Parcel to Morven Park Road. The proposed improvements would replace existing Town infrastructure within existing stormwater easements across several private properties located on William Street and Morven Park Road. Evergreene’s installation and dedication to the Town of the proposed newer and higher-capacity infrastructure, would extend the useful life and improve the efficiency of the Town storm drainage system at no cost to the Town or to the owners of the neighboring properties. A license agreement is necessary to permit Evergreene to temporarily access the Town Easements for construction and installation of the proposed stormwater infrastructure improvements. Town Staff has negotiated the proposed Offisite Stormwater Infrastructure Installation Agreement per Attachment #6, which imposes extensive requirements on Evergreene designed to minimize 65 Item a. Agreements with The Evergreene Companies, LLC to Facilitate Installation of Stormwater Infrastructure Associated with Residential Development June 28, 2022 Page 3 inconvenience to or damage to the property of neighboring land owners, and to minimize risk to the Town, as a result of Evergreene’s use of the Town Easements. These requirements include: notification to the Town and affected property owners prior to entry onto any affected property, and again prior to construction on affected properties; pre-construction documentation of the existing condition of the properties subject to the Town Easements (including existing landscaping conditions); offering a structural evaluation of any home situated on an affected property and, where requested by the owner, conducting such evaluations at Evergreene’s cost prior to construction activities; use of excavation minimization techniques during construction, to minimize disturbance and vibration damage to affected properties; Evergreene’s compliance with all requirements imposed on the Town by the terms of the Town Easements; and restoration of affected properties (including landscaping) as nearly as possible to their existing condition. This agreement addresses all temporary rights required by Evergreene for completion of the project, including the right to grade the Town Parcel to achieve compliance with engineering requirements for the stormwater detention basin, and the right to access the Town Parcel for purposes of constructing the permanent access road that is the subject of the encroachment agreement. The proposed agreement also addresses liability concerns and provides that Evergreene shall be responsible for, shall bear all liability associated with, and shall hold harmless and indemnify the Town for, any and all damages and costs arising out of Evergreene’s work on the Town Parcel and within the Town Easements. Proposed Legislation: RESOLUTION #1 Approving Encroachment Agreement with The Evergreene Companies, LLC Draft Motions: 1. I move to approve the proposed Resolution Approving Encroachment Agreement with The Evergreene Companies, LLC. 2. I move to deny the proposed Resolution Approving Encroachment Agreement with The Evergreene Companies, LLC. OR 3. I move an alternate motion. 66 Item a. Agreements with The Evergreene Companies, LLC to Facilitate Installation of Stormwater Infrastructure Associated with Residential Development June 28, 2022 Page 4 RESOLUTION #2 Approving Offsite Stormwater Infrastructure Installation Agreement with The Evergreene Companies, LLC Draft Motions: 1. I move to approve the proposed Resolution Approving Offsite Stormwater Infrastructure Installation Agreement with The Evergreene Companies, LLC. 2. I move to deny the proposed Resolution Approving Offsite Stormwater Infrastructure Installation Agreement with The Evergreene Companies, LLC. OR 3. I move an alternate motion. Attachments: 1. Resolution #1 – Approving Encroachment Agreement 2. Resolution #2 – Approving Offsite Stormwater Infrastructure Installation Agreement 3. Map Showing Evergreene Parcel and Town Parcel 4. Proposed Encroachment Agreement 5. Exhibit A to Proposed Encroachment Agreement (depicting location of permanent access road) 6. Proposed Offsite Stormwater Infrastructure Installation Agreement 7. Exhibit A to Proposed Offsite Stormwater Infrastructure Installation Agreement (depicting area of grading on the Town Parcel) 8. Exhibit C to Proposed Offsite Stormwater Infrastructure Installation Agreement (depicting area of Outfall Improvements within Town Easements) 2022/03 67 Item a. PRESENTED: June 28, 2022 RESOLUTION NO. 2022- ADOPTED: ____________ A RESOLUTION : APPROVING ENCROACHMENT AGREEMENT WITH THE EVERGREENE COMPANIES, LLC WHEREAS, The Evergreene Companies, LLC (“Evergreene”) is the owner of certain real property within the Town identified as Loudoun County PIN No. 230-15-4779 and addressed as 107 Morven Park Road (the “Evergreene Parcel”); and WHEREAS, the Town is the owner of an adjacent parcel of unimproved real property identified as Loudoun County PIN No. 230-15-1394, which lies to the west of the Evergreene Parcel (the “Town Parcel”); and WHEREAS, the Evergreene Parcel is the subject of application TLCD 2017-0002 -- “107 Morven Park Road” (the “Application”) for development of a residential subdivision; and WHEREAS, the plans associated with the Application propose a stormwater detention basin located on the Evergreene Parcel, which is to be accessed for maintenance by a permanent access road and, as depicted on such plans, a portion of such permanent access road is proposed to be located on the Town Parcel; and WHEREAS, Evergreene seeks to enter into an agreement to permit such portion of the access road to encroach on the Town Parcel; and WHEREAS, the proposed encroachment on the Town Parcel will have no negative impact on the value of the Town Parcel; and WHEREAS, the best interests of the Town will be served by entering into an encroachment agreement with Evergreene, to define the rights and obligations of the parties with respect to the encroaching portion of the access road; and 68 Item a. A RESOLUTION: APPROVING ENCROACHMENT AGREEMENT WITH THE EVERGREENE COMPANIES, LLC -2- 2022/01 WHEREAS, the proposed encroachment agreement provides that: Evergreene will be responsible for maintenance and replacement of the access road as necessary; that the access road may not be expanded or relocated without the consent of the Town; and that Evergreene shall bear all liability associated with the encroachment and shall hold harmless and indemnify the Town for any and all damages and costs arising out of the encroachment. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Mayor is hereby authorized to execute the proposed encroachment agreement in a form to be approved by the Town Attorney. 2. The Mayor, the Town Manager, and the Town Attorney are hereby authorized to take such actions and execute such additional documents as may be necessary and desirable to effecuate this Resolution. PASSED this 28th day of June, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 69 Item a. PRESENTED: June 28, 2022 RESOLUTION NO. 2022- ADOPTED: ____________ A RESOLUTION : APPROVING OFFSITE STORMWATER INFRASTRUCTURE INSTALLATION AGREEMENT WITH THE EVERGREENE COMPANIES, LLC WHEREAS, The Evergreene Companies, LLC (“Evergreene”) is the owner of certain real property within the Town identified as Loudoun County PIN No. 230-15-4779 and addressed as 107 Morven Park Road (the “Evergreene Parcel”); and WHEREAS, the Evergreene Parcel is the subject of application TLCD 2017-0002 -- “107 Morven Park Road” (the “Application”) for development of a residential subdivision (the “Project”); and WHEREAS, the Town is the owner of an adjacent parcel of unimproved real property identified as Loudoun County PIN No. 230-15-1394, which lies to the west of the Evergreene Parcel (the “Town Parcel”), and WHEREAS, certain stormwater easements have previously been granted to the Town across neighboring parcels, providing for stormwater drainage to Morven Park Road (the “Town Easements”); and WHEREAS, the Project will require certain storm drainage improvements and facilities, including the construction of: a stormwater detention basin on the Evergreene Parcel; a permanent access road across both the Evergreene Parcel and the Town Parcel for maintenance of the detention basin; and certain offsite stormwater outfall improvements within Town rights-of-way and the Town Easements; and 70 Item a. A RESOLUTION: APPROVING OFFSITE STORMWATER INFRASTRUCTURE INSTALLATION AGREEMENT WITH THE EVERGREENE COMPANIES, LLC -2- WHEREAS, construction of the detention basin in compliance with applicable regulations will require certain grading modifications to the Town Parcel, which grading modifications will not negatively impact the value of the Town Parcel; and WHEREAS, on this date, the Town Council has also approved an encroachment agreement allowing Evergreene to construct the permanent access road across a portion of the Town Parcel (“Encroachment Agreement”); and WHEREAS, in addition to the permanent encroachment separately authorized by the Encroachment Agreement, construction of the permanent access road will require temporary access to the Town Parcel; and WHEREAS, in connection with the Project, Evergreene has proposed to replace and upgrade certain existing, Town-owned stormwater drainage pipes and infrastructure located within the Town Easements (the “Outfall Improvements”); and WHEREAS, Evergreene proposes to construct and install the Outfall Improvements, and dedicate the Outfall Improvements to the Town, at Evergreene’s cost; and WHEREAS, Evergreene seeks to enter into and utilize the Town Easements as the agent of the Town for the purpose of constructing and installing the Outfall Improvements; and WHEREAS, the Outfall Improvements will benefit the Town and neighboring properties by replacing existing storm drainage infrastructure with newer and higher-capacity infrastructure, thereby extending the useful life and improving the efficiency of the storm drainage system at no cost to the Town or to the owners of such neighboring properties; and WHEREAS, the best interests of the Town will be served by entering into an agreement with Evergreene defining the rights and obligations of the parties with respect to Evergreene’s 71 Item a. A RESOLUTION: APPROVING OFFSITE STORMWATER INFRASTRUCTURE INSTALLATION AGREEMENT WITH THE EVERGREENE COMPANIES, LLC -3- entry onto and grading of the Town Parcel, and installation of the Outfall Improvements within the Town Easements; and WHEREAS, Town staff has negotiated a proposed Offsite Stormwater Infrastructure Installation Agreement (the “Agreement”), which permits Evergreene, under the terms and conditions defined in the agreement, to: enter onto the Town Parcel for purposes of constructing the permanent access road authorized by the Encroachment Agreement; (b) make certain grading modifications to the Town Parcel; and (c) enter into and utilize defined portions of the Town Easements for the purpose of installing the Outfall Improvements; and WHEREAS, the proposed Agreement imposes extensive requirements on Evergreene designed to minimize inconvenience to or damage to the property of neighboring land owners as a result of Evergreene’s use of the Town Easements, including requirements to: notify the Town and affected property owners prior to entry onto any affected property, and again prior to construction on affected properties; document the existing condition of the property subject to the Town Easements (including existing landscaping conditions); and restore affected properties as nearly as possible to their existing condition. WHEREAS, the proposed Agreement provides that Evergreene shall be responsible for, shall bear all liability associated with, and shall hold harmless and indemnify the Town for, any and all damages and costs arising out of Evergreene’s entry onto and work within the Town Parcel and within the Town Easements. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 72 Item a. A RESOLUTION: APPROVING OFFSITE STORMWATER INFRASTRUCTURE INSTALLATION AGREEMENT WITH THE EVERGREENE COMPANIES, LLC -4- 2022/01 1. The Mayor is hereby authorized to execute the proposed Offsite Stormwater Infrastructure Installation Agreement in a form to be approved by the Town Attorney. 2. The Mayor, the Town Manager, and the Town Attorney are hereby authorized to take such actions and execute such additional documents as may be necessary and desirable to effecuate this Resolution. PASSED this 28th day of June, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 73 Item a. 74 Item a. 75 Item a. 1 Prepared by: Christine M. Newton Deputy Town Attorney Town of Leesburg, Virginia 25 W. Market St. Leesburg, VA 20176 Property Identification No.: 230-15-1394 Tax Map No.: /48/C/4/////A/ ENCROACHMENT AGREEMENT This Encroachment Agreement (“Agreement”) is entered into this ____ day of _______________, 2022, by and between the TOWN OF LEESBURG, VIRGINIA (“Town”), a municipal corporation (to be indexed as “Grantor”), and THE EVERGREENE COMPANIES, LLC (“Evergreene”), a Virginia limited liability company (to be indexed as “Grantee”). The Town and the Evergreene are collectively referred to as the “Parties” hereafter. WHEREAS, the Town is the fee owner of certain unimproved real property described as “Parcel A” on a plat of Sections 1 and 2, Andover Meadow Subdivision, and identified as Loudoun County PIN No. 230-15-1394 (the “Town Parcel”), having acquired the property by Deed of Gift dated October 5, 1979 and recorded in Deed Book 743 Page 546 among the land records of Loudoun County, Virginia (the “Land Records”); and WHEREAS, Evergreene is a Virginia limited liability company, with its principal place of business located at 3684 Centerview Dr., Suite 120, Chantilly, VA 20151, and is the owner of certain real property adjacent to the Town Parcel, commonly known as 107 Morven Park Road, Leesburg, Virginia, and identified as Loudoun County PIN No. 230-15-4779 (the “Evergreene Parcel”), having acquired the property by deed recorded as instrument number 20211101-0111115 among the Land Records; and WHEREAS, the Evergreene Parcel is the subject of a Town land development application for a residential subdivision (the “Project”) identified as TLCD 2017-0002 – “107 Morven Park Road” (the “Application”), and associated plans prepared by Bowman Consulting Group, Ltd., dated September 20, 2017 and last revised July 10, 2020 (the “Plans”); and, WHEREAS, the Project will require a stormwater detention basin, as depicted on Grading Plan Sheet 8 of 32 of the Plans (“Detention Basin”); and WHEREAS, a permanent access road (“Access Road”) is required for maintenance of the Detention Basin, and the Access Road as proposed and depicted on the Plans will encroach upon the Town Parcel in the area shown as “Area of Permanent Access Road Encroachment” on Exhibit A, attached hereto and made a part hereof (the “Encroachments”); and WHEREAS, the Parties enter into this Agreement to set forth the terms and conditions upon which Evergreene will be permitted to construct, install and/or place the Encroachments upon the Town Parcel, and to maintain such Encroachments. 76 Item a. 2 NOW THEREFORE, in consideration of the above recitals, the mutual undertakings of the Parties as contained herein, and other good and valuable consideration, the Parties hereby agree as follows: 1. Recitals. The Recitals set forth at the outset of this Agreement are incorporated herein and made a part of this Agreement. 2. Encroachments. 2.1. Installation. Following approval of the Application and the Plans in accordance with all applicable Town development requirements, the Town hereby agrees to permit Evergreene to install the Encroachments on the Town Parcel, in the location generally depicted on Exhibit A, and in accordance with the Application, the Plans as finally approved by the Town, and all development requirements imposed or applicable in connection therewith. At the Town’s request, Evergreene shall provide the Town with “as-built” plans depicting the location of the Encroachments. 2.2. Alteration, Removal or Disturbance by Town. The Town hereby agrees that, following construction of the Encroachments as permitted by Section 2.1, the Town shall not alter, remove, or disturb the Encroachments except as specifically provided in this Agreement. 2.3. Maintenance, Replacement, Expansion, or Relocation of Encroachments. Following construction of the Encroachments as permitted by Section 2.1, Evergreene, and its successors and assigns with respect to Evergreene Parcel and the Encroachments, may perform maintenance on the Encroachments as necessary, including replacement of any damaged, destroyed, or outdated portion of the Encroachments. However, prior to expansion or relocation of the Encroachments, Evergreene shall obtain the written consent of the Town, which may be granted, conditioned, or withheld in the Town’s sole discretion. The Town may request any information or documentation it deems necessary to evaluate the impact of the requested expansion or relocation action. In addition to any substantive conditions imposed by the Town, Town approval of any expansion or relocation may be conditioned upon an amendment to this Agreement. 3. Access by Town. The Town shall have access to the Encroachments at all times, and Evergreene shall have no right to construct any fence or other structure, or to install landscaping or other screening upon the Town Parcel, except as shown in the approved Plans. 4. Indemnification. 4.1. Responsibility for Costs, Repairs or Replacement. Evergreene hereby assumes responsibility for all costs, repairs or replacement of the Encroachments, and agrees to defend, hold harmless and indemnify the Town, its employees and agents from any and all claims by Evergreene or any third party which may occur as a result of the Encroachments upon the Town Parcel. 4.2. No Town Liability for Damages or Injuries. The Town accepts no responsibility for damages or injuries incurred by Evergreene or any third party involving the 77 Item a. 3 Encroachments. Evergreene hereby assumes all responsibility for such damages or injuries, and agrees to defend, hold harmless and indemnify the Town, its employees and agents from any and all claims by Evergreene or any third party which may occur as a result of the Encroachments upon the Town Parcel. 5. Rights and Obligations to Run with the Land: This Agreement shall be recorded among the Land Records of the Clerk of the Circuit Court of Loudoun County. The rights and obligations set forth herein shall run with the land and shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors, assigns and beneficiaries. Any conveyance of title to any part of the Evergreene Parcel is, except as otherwise set forth herein, subject to the provisions of this Agreement, and any transferee of any interest in the Evergreene Parcel is deemed to have agreed, by acceptance of such interest, to be bound by all of the provisions of this Agreement. It is expressly agreed that the terms of this Agreement shall be binding upon and inure to the benefit of any property owners association (formed under Virginia Nonstock Corporation Act, Section 13.1-801, et seq. of the Code of Virginia, and in accordance with the Virginia Property Owners’ Association Act, Section 55.1-1801 et seq. of the Code of Virginia) that shall acquire by any means (including but not limited to deed or declaration of covenants), any ownership interest or maintenance duty with respect to the Encroachments, regardless of whether the Encroachments are defined as a common element, common area, or otherwise. 6. Notices: Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be made by hand delivery, or overnight courier service or by certified mail, postage prepaid, return receipt requested, addressed to each respective party at the address set forth below, and shall be considered to have been effectively given as of the date of hand delivery, as of the date specified for delivery if by overnight courier, or as of three (3) business days after the date of mailing by certified mail, as the case may be. The Parties shall have the right to designate a different recipient and address for the receipt of notices, in accordance with this Section 6. Any notice to the Evergreene shall be sent to: Mark Giganti, Chief Operating Officer Evergreene Homes 3684 Centerview Drive, Suite 120 Chantilly, VA 20151 With a copy to: Gregory Lynn Oxley, Esq. General Counsel The Evergreene Companies, LLC 3684 Centerview Drive, Suite 120 Chantilly, VA 20151 GOxley@TheEvergreeneCompanies, LLC Any notice to the Town of Leesburg shall be sent to: 78 Item a. 4 Kaj H. Dentler, Town Manager Town of Leesburg, Virginia 25 W. Market Street Leesburg, VA 20176 With a copy to: Christopher S. Spera, Town Attorney Town of Leesburg, Virginia 25 W. Market Street Leesburg, VA 20176 7. Termination by Town. The Town may unilaterally terminate this Agreement as follows: 7.1. Upon 60 days’ written notice if: (a) the Application is deemed inactive or terminated in accordance with Section 3.02 of the Town of Leesburg Subdivision and Land Development Regulations (SLDR); (b) the Application is revised by Evergreene such that the Encroachments are no longer necessary; or (c) final site plan approval, if granted by the Town, expires or becomes null and void in accordance with Section 3.03 of the SLDR prior to completion of the Encroachments. 7.2. The Town shall have the power and authority to execute and record a written instrument evidencing termination under this Section without the signature or consent of Evergreene. 8. Reservation of Town Rights. This Agreement is not a development approval, and nothing in this Agreement shall: (a) confer any approval of the Application, the Plans, or any component thereof; or (b) impose upon the Town, or alter or relieve Evergreene from its obligations in connection with the construction of the Project pursuant to the Application including those obligations set forth in associated bonding documents to be submitted by Evergreene. Evergreene acknowledges that if final Town development approvals result in any material change in the location of the Encroachments, an amendment to this Agreement will be required. 9. General Provisions: 9.1. Term. This Agreement shall remain in full force and effect so long as the Encroachments, or any portion thereof, remain in the locations depicted on Exhibit A, as it may be amended from time to time. 9.2. Amendment. This Agreement may be terminated in accordance with Section 7 hereof, but may be amended only by an instrument in writing executed by both Parties, or their successors with respect to the Town Parcel, the Evergreene Parcel, and the Encroachments. 9.3. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and shall be binding upon the Parties and 79 Item a. 5 their respective successors and/or assigns. The Parties further agree that any dispute that may occur as a result of the terms of this Agreement will be resolved in the Loudoun County Circuit Court or the Loudoun County General District Court. In the event of such dispute, each party shall be responsible for its own attorney’s fees and costs incurred as a result of such dispute. 9.4. No Waiver of Sovereign Immunity. Notwithstanding any other provision of this Agreement to the contrary, nothing in this Agreement, nor any action taken by the Town pursuant to this Agreement, nor any document that arises out of this Agreement shall constitute or be construed as a waiver of either the sovereign immunity or governmental immunity of the Town, or of its elected and appointed officers and officials, employees, contractors and agents. 9.5. Authority. The signatories of this Agreement affirm that they have the authority to execute this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 80 Item a. 6 THE EVERGREENE COMPANIES, LLC: By: __________________________________________ Name: Title: COMMONWEALTH OF VIRGINIA: COUNTY OF LOUDOUN: to-wit I, the undersigned Notary Public in and for the county and state aforesaid, do hereby certify that __________________, __________ of THE EVERGREENE COMPANIES, LLC, whose name is signed to the foregoing Agreement bearing the date of the ______ day of _______________, 2022, has acknowledged the same before me in my county aforesaid. Given under my hand this ______ day of _____________________, 2022. _________________________________________ Notary Public My Commission Expires: ____________________ Notary Reg. No.: ___________________________ [Signatures Continue Next Page] 81 Item a. 7 Approved as to Form: TOWN OF LEESBURG By: ____________________________ By:_________________________________ Town Attorney Kelly Burk, Mayor COMMONWEALTH OF VIRGINIA: COUNTY OF LOUDOUN: to-wit I, the undersigned Notary Public in and for the county and state aforesaid, do hereby certify that Kelly Burk, Mayor whose name is signed to the foregoing Agreement bearing the date of the ______ day of _______________, 2022, has acknowledged the same before me in my county aforesaid. Given under my hand this ______ day of _____________________, 2022. _________________________________________ Notary Public My Commission Expires: ____________________ Notary Reg. No.: ___________________________ 82 Item a. EXHIBIT A Area of Permanent Access Road Encroachment 83 Item a. 84 Item a. Page 1 of 17 OFFSITE STORMWATER INFRASTRUCTURE INSTALLATION AGREEMENT This Offsite Stormwater Infrastructure Installation Agreement (“Agreement”) is entered into effective this ____ day of _______________, 2022 (the “Effective Date”), by and between THE EVERGREENE COMPANIES, LLC (“Evergreene”), and the TOWN OF LEESBURG, VIRGINIA (“Town”), a municipal corporation, each individually a “Party” and collectively the “Parties.” WHEREAS, Evergreene is the owner of certain real property identified as Loudoun County PIN No. 230-15-4779 (the “Evergreene Parcel”), having acquired the Evergreene Parcel by deed recorded as Instrument Number 20211101-0111115 among the land records of Loudoun County, Virginia (“Land Records”); and WHEREAS, the Town is the fee owner of certain unimproved real property described as “Parcel A” on a plat of Sections 1 and 2, Andover Meadow Subdivision, and identified as Loudoun County PIN No. 230-15-1394 (the “Town Parcel”), having acquired the property by Deed of Gift dated October 5, 1979 and recorded in Deed Book 743 Page 546 among the Land Records; and WHEREAS, the Evergreene Parcel is the subject of a Town land development application for a residential subdivision (the “Project”) identified as TLCD 2017-0002 – “107 Morven Park Road” (the “Application”), and associated plans prepared by Bowman Consulting Group, Ltd., dated September 20, 2017 and last revised ________ ___, ________ (as submitted, the “Plans;” such Plans as revised and finally approved by the Town (if so approved), the “Approved Plans”); and WHEREAS, the Project will require certain storm drainage improvements and facilities, including the construction of a stormwater detention basin, as depicted on Grading Plan Sheet ___ of ____ of the Plans (“Detention Basin”), a permanent access road for maintenance of the Detention Basin, as depicted on Sheet ___ of ___ of the Plans (“Access Road”), and certain offsite stormwater outfall improvements as described below; and WHEREAS, construction of the Detention Basin in compliance with applicable regulations will require grading modifications to portions of the adjacent Town Parcel, as indicated on Sheet(s) ___ of ___ the Plans, in the area generally depicted on Exhibit A, attached hereto and made a part hereof (the “Town Parcel Grading”); and WHEREAS, the value of the Town Parcel will not be negatively impacted by the Town Parcel Grading as depicted in the Plans; and WHEREAS, a portion of the Access Road required for maintenance of the Detention Basin will be constructed by Evergreene on the Town Parcel, as authorized by that certain Encroachment Agreement between the Town and Evergreene [of even date herewith][dated ___________ ___, 2022] (the “Encroachment Agreement”); and 85 Item a. Page 2 of 17 WHEREAS, certain stormwater easements (collectively, the “Town Stormwater Easements”) have previously been granted to the Town by the following instruments, recorded among the Land Records and attached hereto as Exhibit B: (a) Deed Book 717, Page 314 and Plat Cabinet C, Slot 639, Page 6; (b) Deed Book 743, Page 547; (c) Deed Book 816, Page 1131 and Plat Cabinet C, Slot 741, Page 1; and (d) Deed Book 1094, Page 311 and Plat Cabinet A, Slot 151, Pages 9 and 10; and WHEREAS, the Town is the owner of certain existing storm drainage pipes and infrastructure (the “Town Storm Drainage Infrastructure”) located within the Town Stormwater Easements; and WHEREAS, Sheet(s) ___ of ____ of the Plans depict stormwater outfall improvements (“Outfall Improvements”) including upgrades to certain components of the Town Storm Drainage Infrastructure located within portions of the Town Stormwater Easements, in the locations generally depicted on Exhibit C; and WHEREAS, the Outfall Improvements are necessary for approval of the Plans; and WHEREAS, Evergreene has agreed to dedicate the Outfall Improvements to the Town; and WHEREAS, the Outfall Improvements will benefit the Town and neighboring properties by replacing existing storm drainage infrastructure with newer and higher-capacity infrastructure, thereby extending the useful life and improving the efficiency of the storm drainage system at no cost to the Town or to the owners of such neighboring properties. NOW THEREFORE, in consideration of the above recitals, the mutual undertakings of the Parties as contained herein, and other good and valuable consideration, the Parties hereby agree as follows: 1. Recitals. The Recitals set forth at the outset of this Agreement are incorporated herein and made a part of this Agreement. 2. Bonding. Prior to entry onto the Town Parcel or into the Town Stormwater Easements pursuant to this Agreement, Evergreene shall furnish the Town with a labor and materials payment bond, securing prompt payment for all labor and materials associated with the Town Parcel Grading, the construction of the Access Road, and the installation and construction of the Outfall Improvements, in a form acceptable to the Town Attorney (“Payment Bond”). Evergreene shall also comply with generally applicable Town requirements for bonding the faithful performance of the construction of the Project in accordance with the Plans and all applicable Town regulations, consistent with this Agreement and generally applicable Town requirements for the construction of public infrastructure (“Performance Bond”). Evergreene acknowledges and agrees that the Project subject to the Performance Bond includes the Town Parcel Grading, the Access Road and the Outfall Improvements as shown on the Plans. 86 Item a. Page 3 of 17 3. License to Enter Town Parcel (“Parcel License”). 3.1. The Town hereby grants unto Evergreene and its agents, contractors and subcontractors, for the term and upon the conditions, covenants and agreements set forth herein, permission to enter and use the Town Parcel for the following purposes (the “Authorized Parcel Activities”): (A) performing the Town Parcel Grading, in accordance with the Approved Plans as finally approved by the Town and the requirements of this Agreement and the Performance Bond; (B) installing, constructing, operating, maintaining, repairing, and/or replacing the Access Road, in accordance with the Approved Plans and the requirements of this Agreement, the Performance Bond, and the Encroachment Agreement; and (C) performing any other obligation required by this Agreement to be performed by Evergreene upon the Town Parcel. 3.2. The foregoing permission is subject to the following terms and conditions: A. Access. Evergreene may access the Town Parcel from the adjoining Evergreene Parcel; the common boundary between the Town Parcel and the Evergreene Parcel must be used for all construction traffic. B. Use. Evergreene shall have full and free use of the Town Parcel for the purpose of conducting the Authorized Parcel Activities, and shall have all rights and privileges reasonably necessary to the exercise of the rights granted in this Parcel License, provided however: 1) Without the written permission of the Town Manager or designee, Evergreene shall not use the Town Parcel as a construction staging or materials storage area. 2) Prior to performing any of the Authorized Parcel Activities on the Town Parcel, Evergreene shall locate and mark all underground utilities on the Town Parcel through the use of a third-party independent locating company (such as Virginia 811); and shall provide notification to third party utility line operators, if any, as and to the extent required by the Underground Utility Damage Prevention Act, Virginia Code §56-265.14 et seq. 3) Evergreene may access the Town Parcel only during periods of actual Authorized Parcel Activities, and then only to the minimum extent necessary for such Authorized Parcel Activities. Evergreene shall provide the Town with reasonable advance notice of its schedule for entry onto the Town Parcel, and shall update the Town on any schedule revisions, by email to Brian Lloyd, Inspections Supervisor at BLloyd@leesburgva.gov 4) This right shall not be construed to allow Evergreene to erect any building or structure of a permanent nature on any portion of the Town Parcel except as authorized by the Encroachment Agreement and depicted on the Approved Plans. 87 Item a. Page 4 of 17 5) The Town may temporarily suspend this Parcel License for any period during which the Town determines that, due to an emergency situation or immediate public need, the Authorized Parcel Activities would interfere with necessary public operations of the Town or any department of the Town. Any such suspension shall be communicated to Evergreene by electronic mail and telephone to: mgiganti@evergreenehomes.com, 240- 380-0175. C. Vegetation; Restoration. Evergreene shall have the right to trim, cut, remove and replace trees, shrubbery, and other vegetation, in accordance with the Approved Plans, or as specifically authorized in writing by the Town Manager or designee; provided, however that, except as otherwise depicted on the Approved Plans, Evergreene, at its own expense, shall restore as nearly as possible to their original state all land or premises which are disturbed in any manner by the Authorized Parcel Activities. Such restoration shall include the backfilling of trenches, the replacement of fences, shrubbery, and trees, the reseeding or resodding of lawns or pasture areas, and the replacement of structures and other facilities. D. Use by Town. The Town reserves the right to make use of the Town Parcel for all necessary public purposes, provided however that, except where the Town has suspended this Parcel License in accordance with Section 3.2(B)(5), the Town shall use reasonable efforts to minimize any interference with Evergreene’s exercise of the rights herein granted. E. Term. The term of this Parcel License shall commence on the Effective Date and continue until all obligations of Evergreene under this Agreement and under the Performance Bond (including the maintenance period specified therein) have been satisfied, and shall automatically terminate upon satisfaction of all such obligations. 4. License to Enter Town Stormwater Easements (“Easement License”). 4.1. The Town hereby grants unto Evergreene and its agents, contractors and subcontractors, for the term and upon the conditions, covenants and agreements hereinafter set forth, permission to enter and use the portions of the Town Stormwater Easements depicted on Exhibit D (the “Licensed Area”), for the following purposes (“Authorized Easement Activities”): (A) installing, constructing, operating, maintaining, repairing, and/or replacing the Outfall Improvements, in accordance with the Approved Plans and the requirements of this Agreement and the Performance Bond; and (B) performing any other obligation required by this Agreement to be performed by Evergreene within the Town Stormwater Easements. 4.2. The foregoing permission is subject to the Construction Work terms and conditions set forth in Section 5, and the following terms and conditions: 88 Item a. Page 5 of 17 A. Evergreene Assumption of Town Obligations. With respect to all entry into the Licensed Area and all work to be performed by or on behalf of Evergreene within the Licensed Area, Evergreene hereby accepts and assumes all obligations imposed upon the Town under the Town Stormwater Easements. B. Maintenance of Licensed Area. Evergreene shall at all times maintain the Licensed Area in a safe manner satisfactory to the Town and in compliance with all applicable law and the terms of the Town Stormwater Easements. Where any existing fencing is removed by Evergreene during construction, Evergreene shall install temporary re-enclosure fencing until restoration of such existing fencing is completed in accordance with this Agreement. C. Rights of Town and Others. This Easement License is subject to the rights or interests held by others in and to the Licensed Area, including the rights of the fee owners, and the rights of the Town and any other agents of the Town to continue to enter and use the Licensed Area on behalf of the Town. The Town makes no representations or warranties express or implied, concerning the extent of such rights held by others and shall have no responsibility for conflicts with others as a result of this Agreement. The Town makes no representations or warranties express or implied with respect to the condition of the Licensed Area. The rights granted herein shall in no event be construed to be greater than any rights granted to the Town under the Town Stormwater Easements. D. Term. The term of this Easement License shall commence on the Effective Date and continue until all obligations of Evergreene with respect to the Outfall Improvements, under this Agreement and under the Performance Bond (including the maintenance period specified therein), have been satisfied; this Easement License shall automatically terminate upon satisfaction of all such obligations. E. Suspension or Revocation of Easement License. The Town may in its discretion suspend or revoke the permission herein granted by providing written notice of such suspension or revocation to Evergreene in accordance with Section 10 hereof, effective on and for the date or dates specified in such notice. The Town may also immediately suspend the permission herein granted in the case of an emergency which, in the Town’s discretion, requires immediate Town access to the Licensed Area and suspension of access by Evergreene; in such case, the Town will notify Evergreene by telephone and email to: Mark Giganti at 240-380-0175 and mgiganti@evergreenehomes.com. F. Pre-entry Obligations. Prior to entering the Licensed Area, Evergreene shall, at Evergreene’s expense: (1) Provide the following information to the Town: the name of the firm to perform the work and the foreman assigned to the work, contact information for the firm and foreman, and an anticipated schedule for work within the Licensed Area (including the schedule for restoration as required 89 Item a. Page 6 of 17 by this Agreement). Evergreene shall provide updated work schedules on such regular basis as may be required by the Town, and as otherwise necessary to keep the Town informed of Evergreene’s use of the Licensed Area. (2) Provide notice of the following to all fee simple owners of properties on which the Licensed Area is located (“Affected Property Owners”): the name of the firm to perform the work and the foreman assigned to the work; contact information for the firm and foreman and for a representative of Evergreene who will be available during business hours for the duration of the Easement License to answer any questions of the Affected Property Owners; and an anticipated schedule for work within the Licensed Area. Such notification shall be in writing and shall be provided to such owners by first class United States mail or personal delivery, at the addresses identified in the current tax records for delivery of real property tax assessments (and any additional or updated addresses provided by the Town) and shall be postmarked or personally delivered no later than fourteen (14) days prior to the date of first entry onto such property. Such notice shall enclose a copy of correspondence from the Town (to be attached hereto as Exhibit E). Evergreene shall provide to the Town copies of all such notification letters and evidence of mailing or delivery. (3) Provide all Affected Property Owners with an opportunity to have their property and existing structures evaluated, if they elect to, at Evergreene’s expense, by an independent third-party professional selected by Evergreene and reasonably acceptable to the Town, for the following purposes: assessing and documenting existing conditions (including any pre-existing damage), and determining appropriate protective measures, if any, required during construction (“Professional Structural Assessment”). Such offer shall be made in writing and provided to the owners in the manner required by Section 4.2(F)(2), and may accompany the notice required in that section. Evergreene shall provide to the Town copies of such offer letters and evidence of mailing or delivery. (4) If requested by the Town, Evergreene will offer a preconstruction informational meeting for Affected Property Owners. G. Pre-construction Obligations. Prior to commencing any work within the Licensed Area, Evergreene shall, at Evergreene’s expense: (1) Following the notice required by Section 4.2(F)(3), complete all Professional Structural Assessments authorized by the Affected Property Owners and provide copies of all such Professional Structural Assessments to the Town and to the respective Affected Property Owners. 90 Item a. Page 7 of 17 (2) Prepare a tree preservation plan (including a tree management report), consistent with the requirements of Town of Leesburg Zoning Ordinance (“TLZO”) Section 12.2.4, for all trees located within twenty-five feet (25’) of anticipated land disturbance in connection with the Authorized Easement Activities, and submit same to the Town Department of Plan Review for approval with the final plans for the Project; and notify each Affected Property Owner of the impact of the Project on any existing tree of such owner. (3) Photographically document existing landscaping conditions (to include shrubbery, gardens, trees, and moveable landscaping ornamentation or structures) within the Licensed Area and any Adjacent Area (as defined in this section) that is expected to be affected by the Authorized Easement Activities, and provide copies of all such documentation to the Town and to the respective Affected Property Owners. (4) Prepare a professional engineer’s drawing/exhibit documenting any and all encroachments of permanent structures within the Licensed Area and provide same to the Town. (5) Locate and mark all underground utilities on the affected properties (within the Licensed Area and any Adjacent Area to be affected by the Authorized Easement Activities) through the use of a third-party independent locating company (such as Virginia 811); and provide notification to third party utility line operators, if any, as and to the extent required by the Underground Utility Damage Prevention Act, Virginia Code §56-265.14 et seq. For purposes of this Section 3.2, an “Adjacent Area” means any land adjacent to and abutting the Licensed Area, for which the terms of the Town Stormwater Easements authorize entry, use, or disturbance for the purposes described in this Agreement as Authorized Easement Activities. H. Restoration. (1) Notwithstanding any lesser restoration standard which may be set forth in the respective Town Stormwater Easements, Evergreene shall, at Evergreene’s expense and as soon as practicable following completion of the Authorized Easement Activities, restore as nearly as possible to their original state all land or premises which are disturbed in any manner by the Authorized Easement Activities, which restoration shall include the following, at a minimum: (a) Within the Licensed Area: (i) backfilling of trenches, replacement of shrubbery, reseeding and resodding of lawns or pasture areas, replacement of gardens; and (ii) unless otherwise directed by the 91 Item a. Page 8 of 17 Town Manager or designee, replacement of all trees, fences, structures and other facilities; and (b) Within the Adjacent Area: replacement of all trees, fences, structures and other facilities. For purposes of this subsection, all replacement trees shall meet the requirements of TLZO Section 12.9. Evergreene shall warrant replacement trees for a period of two (2) years and replace such trees during such warranty period, as determined necessary by the Town Arborist. At the request of any Affected Property Owner or the Town made within two years of completion of the Project, Evergreene shall remove at Evergreene’s expense, any mature tree located within twenty-five feet (25’) of land disturbance incident to the Authorized Easement Activities, if such tree is determined by the Town Arborist to be in failing health. (2) In addition to documenting pre-existing conditions in accordance with Section 4.2(G), Evergreene shall prepare and provide to the Town photographic documentation of restored conditions within the Licensed Area and any affected Adjacent Area. (3) If Evergreene’s construction of the Project results in any net loss in tree canopy coverage within the Licensed Area or Adjacent Area, as determined by the Town, Evergreene shall make a prorated contribution to the Town’s Tree Canopy Fund in an amount to be calculated in accordance with the standards set forth in TLZO 12.3.3. For purposes of this provision, excess tree canopy coverage on the Evergreene Parcel shall not be credited to offset any net reduction in tree canopy coverage within the Licensed Area or Adjacent Area. I. All documentation to be provided to the Town as required by Sections 4.2(F), 4.2(G), or 4.2(H) shall be submitted to: _______________________ [CONTACT INFORMATION to be inserted following Council approval]. 5. Construction Work. 5.1. Upon final approval of the Plans Evergreene shall, at Evergreene’s expense, perform the Town Parcel Grading and construct the Access Road and Outfall Improvements, all in accordance with and as required by the Approved Plans, this Agreement, the Encroachment Agreement and the Performance Bond (performance of all work associated with such Town Parcel Grading and construction of the Access Road and Outfall Improvements, the “Construction Work”). 5.2. All Construction Work shall be subject to the following terms and conditions: 92 Item a. Page 9 of 17 A. Evergreene hereby assumes the risk of loss or damage to all of the Construction Work prior to completion thereof, and the risk of loss to all property of the Town or of any third party arising out of or in connection with the performance of the Construction Work. In the event of such loss or damage, Evergreene shall forthwith repair, replace, and make good the Construction Work and the property of the Town or of any third party without cost or expense to the Town. B. Evergreene shall itself, and shall also require its contractors to, indemnify and hold the Town harmless from and against all claims, demands, and causes of action, just or unjust, of Evergreene or of third persons (including employees, officers, and agents of the Town) arising or alleged to arise out of the planning or performance of the Construction Work and for all expenses, including reasonable attorney’s and other professional fees (whether or not such claims, demands, or causes of action are made or asserted before or after termination or expiration of this Agreement) incurred by the Town in the defense, settlement or satisfaction thereof, including without limitation, claims and demands for death, personal injury, property damage, breach of warranty, worker's compensation, and any materialmen’s and mechanic’s liens. For purposes of this provision, references to the “Town” shall include its officers, agents, employees, and elected and appointed officials. C. Evergreene shall furnish a project manager during the construction period, with whom the Town may communicate at all times. Evergreene shall also provide the Town with the name and Business, Professional and Occupational License (BPOL) number of Evergreene’s contractor. D. In addition to all rights of the Town under the Performance Bond, the Town shall have the right, through its duly designated representatives, to inspect the Construction Work and the plans and specifications thereof, at any and all reasonable times during the progress thereof and from time to time, in its discretion, and to take samples and perform testing on any part of the Construction Work, provided that the taking of samples and testing shall be conducted so as to minimize interference with the Construction Work. E. Evergreene shall deliver to the Town “as-built” drawings of the Access Road and the Outfall Improvements (in a form acceptable to the Town and capable of being reproduced, to include pdf electronic format) and shall during the term of this Agreement keep said drawings current showing thereon any changes or modifications which may be made. F. Evergreene shall pay or cause to be paid all claims lawfully made against it by its contractors, subcontractors, materialmen and workmen, and all claims lawfully made against it by other third persons arising out of or in connection with or because of the performance of the Construction Work, and shall cause its contractors and subcontractors to pay all such claims lawfully made against them, provided, however, that nothing herein contained shall be construed to limit the right of Evergreene to contest any claim of a contractor, subcontractor, 93 Item a. Page 10 of 17 materialman, workman and/or other person and no such claim shall be considered to be an obligation of Evergreene within the meaning of this provision unless and until the same shall have been finally adjudicated. Evergreene shall use its best efforts to resolve any such claims and shall keep the Town fully informed of its actions with respect thereto. G. Evergreene shall not allow the Construction Work or any portion thereof to be subjected to any mechanic’s, materialmen’s, or other liens or encumbrances arising out of Evergreene’s planning or construction of the Construction Work. H. All obligations of Evergreene to the Town, as set forth in the Performance Bond, including without limitation, the obligation to provide and maintain adequate insurance, are hereby incorporated into, and shall apply to this Agreement as if fully set forth herein. In addition to all insurance required by the Performance Bond, Evergreene shall procure and maintain or cause to be procured and maintained a policy of builder’s risk completed value insurance covering the Construction Work during the performance thereof, including material delivered to the construction site but not attached to the realty, in an amount and form satisfactory to the Town. Such insurance shall name the Town, Evergreene and its contractors and subcontractors as additional insureds, and such policy shall provide that the loss shall be adjusted with and payable to Evergreene. Such proceeds shall be used by Evergreene for the repair, replacement or rebuilding of the Construction Work. The policies or certificates representing this insurance shall be delivered by Evergreene to the Town prior to the commencement of construction and each policy or certificate delivered shall bear the endorsement of or be accompanied by evidence of payment of the premium thereon and, also, a valid provision obligating the insurance company to furnish the Town fifteen (15) days’ written advance notice of the cancellation, termination, change or modification of the insurance evidenced by said policy or certificate. I. Nothing contained herein shall grant or be deemed to grant any contractor, architect, supplier, subcontractor or any other person engaged by Evergreene or any of its contractors in the performance of any part of the Construction Work any right of action or claim against the Town, its officers, agents and employees with respect to any work any of them may do in connection with the Construction Work. J. Nothing contained herein shall create or be deemed to create any relationship between the Town and any such contractor, architect, supplier, subcontractor or any other person engaged by Evergreene or any of its contractors in the performance of any part of the Construction Work and the Town shall not be responsible to any of the foregoing for any payments due or alleged to be due thereto for any work performed or materials purchased in connection with the Construction Work. K. Evergreene shall perform the Construction Work in accordance with all applicable federal, state, county and Town laws, orders, rules and regulations existing on the date of this Agreement or enacted thereafter. Nothing contained in this Agreement 94 Item a. Page 11 of 17 shall be deemed to waive the requirements of any applicable code, ordinance, regulation, resolutions, or statute regarding permits, fees to be paid, or manner of construction, installation, maintenance, or use of any component of the Construction Work. 5.3. Notwithstanding the duration of any applicable development approval or bond, Evergreene shall actively pursue the Construction Work, and shall complete all Construction Work associated with the Outfall Improvements located within the Licensed Area of the Town Stormwater Easements substantially in accordance with the schedule provided to Affected Property Owners as required by Section 4.2(F)(2) hereof. Upon Evergreene’s request, including a statement of justification and any documentation reasonably requested by the Town, the Town may approve a reasonable extension of time. Where an extension of time is approved, Evergreene shall promptly notify all Affected Property Owners of the extension and the revised construction schedule, utilizing the notice process set forth in Section 4.2(F)(2) hereof. 5.4. With respect to all Construction Work associated with the Outfall Improvements located within the Town Stormwater Easements, the following additional conditions shall apply: A. Evergreene shall utilize excavation minimization techniques, such as (but not limited to) trench boxes, to minimize disturbance and vibration damage to the property of Affected Property Owners. B. The limits of disturbance shall not exceed the described bounds of the Licensed Area of the Town Stormwater Easements and shall not occur in any Adjacent Area unless Evergreene has: obtained a temporary construction easement from the Affected Property Owner(s) authorizing such use of the Adjacent Area; and has accurately depicted the limits of disturbance on the Approved Plans. C. Unless depicted on the Approved Plans, Evergreene shall not remove any tree from any Adjacent Area unless Evergreene has obtained the express written permission of the Affected Property Owner. D. No storage of overburden shall be permitted within any Adjacent Area unless Evergreene has obtained a temporary construction easement from the Affected Property Owner(s) authorizing such use of the Adjacent Area. E. No staging or storage of construction materials shall be permitted within the Licensed Area or any Adjacent Area. F. Following Evergreene’s completion of the Pre-entry Obligations and Pre- construction Obligations set forth in Sections 4.2(F) and 4.2(G) above, the Town shall have the right to require Evergreene to obtain additional property damage liability insurance, in an amount not more than $2,000,000 over and above the requirements set forth in the Performance Bond (“Additional Insurance”). If 95 Item a. Page 12 of 17 required by the Town, such Additional Insurance shall meet the requirements set forth in Section 5.2(H), and shall remain in effect until completion of the portion of the Construction Work associated with the Outfall Improvements located within the Town Stormwater Easements. 5.5. Evergreene agrees to convey in fee simple or dedicate to the Town of Leesburg, at Evergreene’s cost, all completed Outfall Improvements. 6. Rights and Obligations to Run with the Land: This Agreement shall be recorded among the Land Records. The rights and obligations set forth herein shall run with the land and shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors, assigns and beneficiaries. Any conveyance of title to any part of the Evergreene Parcel is, except as otherwise set forth herein, subject to the provisions of this Agreement, and any transferee of any interest in the Evergreene Parcel is deemed to have agreed, by acceptance of such interest, to be bound by all of the provisions of this Agreement. 7. Relationship of Parties. Nothing contained in this Agreement shall be deemed or construed by the Parties or by any third person to create a partnership, or joint venture between Evergreene and the Town. 8. Reservation of Town Rights. This Agreement is not a development approval, and nothing in this Agreement shall: (a) confer any approval of the Application, the Plans, or any component thereof; or (b) alter or relieve Evergreene from Evergreene’s obligations in connection with the construction of the Project pursuant to the Application, including those obligations set forth in associated bonding documents to be submitted by Evergreene. Evergreene acknowledges that if final Town development approvals result in any material change in Town Parcel Grading, the Access Road, or the Outfall Improvements, an amendment to this Agreement may be required. 9. Termination by Town. The Town may terminate this Agreement and all permissions granted hereunder upon sixty (60) days’ written notice if: (a) the Application is deemed inactive or terminated in accordance with Section 3.02 of the Town of Leesburg Subdivision and Land Development Regulations (“SLDR”); or (b) final site plan approval, if granted by the Town, expires or becomes null and void as set forth in Section 3.03 of the SLDR. The Town may also terminate this Agreement and all permissions granted hereunder if Evergreene is in material breach of any provision hereof and fails to cure such breach within fourteen (14) days of receipt of written notice from the Town. Termination under this Section 9 shall not relieve Evergreene of any responsibility or obligation incurred under this Agreement prior to such termination; such obligations shall survive termination. EVERGREENE HEREBY AUTHORIZES THE TOWN TO ACT AS ITS ATTORNEY-IN-FACT TO EXECUTE AND RECORD A WRITTEN INSTRUMENT EVIDENCING TERMINATION UNDER THIS SECTION 9, WITHOUT THE SIGNATURE OR FURTHER CONSENT OR AUTHORIZATION OF EVERGREENE. 10. Limitation of Town Liability; Indemnification by Evergreene. 96 Item a. Page 13 of 17 10.1. Absent willful misconduct by the Town, the Town shall not be liable to Evergreene or any agent, employee, or other person claiming through Evergreene, for injury or damage to persons or property (including death), or other damage or loss of any kind or nature, as a result of Evergreene’s entry into and use of the Town Parcel or the Licensed Area, or as a result of the Town’s suspension or revocation of the permission granted herein. 10.2. Evergreene shall indemnify and hold the Town, its elected and appointed officials, officers, agents, and employees, harmless from and against: (A) all claims, losses, expenses, or suits for damage or injury to persons or property (including death), or other damage or loss of any kind or nature, arising out of Evergreene’s acts or omissions with respect to the use of the permissions granted herein, including but not limited to Evergreene’s entry into and activities within the Town Parcel, the Licensed Area, or the Adjacent Area; and (B) all claims by any property owner for breach of or failure to comply with the terms of the Town Stormwater Easements, which claims arise from Evergreene’s acts or omissions with respect to use of the permissions granted herein. Such shall include all costs incurred by the Town, including reasonable attorney’s fees. 10.3. This Section 10 shall survive the expiration or earlier termination of this Agreement or any license granted hereunder. 11. Notices: Except as otherwise provided herein, any notice or other communication required or permitted to be given to a Party under this Agreement shall be in writing and shall be made by hand delivery, or overnight courier service or by certified mail, postage prepaid, return receipt requested, addressed to each respective party at the address set forth below, and shall be considered to have been effectively given as of the date of hand delivery, as of the date specified for delivery if by overnight courier, or as of three (3) business days after the date of mailing by certified mail, as the case may be. The Parties shall have the right to designate a different recipient and address for the receipt of notices, in accordance with this Section. Any notice to Evergreene shall be sent to: Mark Giganti, Chief Operating Officer Evergreene Homes 3684 Centerview Drive, Suite 120 Chantilly, VA 20151 With a copy to: Gregory Lynn Oxley, Esq. General Counsel The Evergreene Companies, LLC 3684 Centerview Drive, Suite 120 Chantilly, VA 20151 GOxley@TheEvergreeneCompanies, LLC 97 Item a. Page 14 of 17 Any notice to the Town of Leesburg shall be sent to: Kaj H. Dentler, Town Manager Town of Leesburg, Virginia 25 W. Market Street Leesburg, VA 20176 With a copy to: Christopher S. Spera, Town Attorney Town of Leesburg, Virginia 25 W. Market Street Leesburg, VA 20176 12. General Provisions: 12.1. Amendment; Termination. This Agreement may only be amended by an instrument in writing executed by the Parties hereto, or their successors with respect to the Town Parcel, the Town Stormwater Easements, and the Evergreene Parcel. This Agreement may be terminated by the Town in accordance with Section 9 hereof. Termination or expiration of the Parcel License or the Easement License in accordance with the terms of this Agreement shall not terminate this Agreement as a whole, and shall not relieve or release Evergreene from any liability or obligation incurred or assumed by Evergreene prior to such termination or expiration. 12.2. Integration. This Agreement embodies the entire agreement between the Town and Evergreene with respect to the grant of permission to enter the Town Parcel and the Licensed Area as set forth herein, but does not alter or amend the terms of the Performance Bond, the Payment Bond, the Encroachment Agreement, or any development approval required for the Project. 12.3. Assignment. Evergreene may not assign this Agreement or any rights hereunder without the prior written consent of the Town. 12.4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and shall be binding upon the Parties and their respective successors and/or assigns. The Parties further agree that any dispute that may occur as a result of the terms of this Agreement will be resolved in the Loudoun County Circuit Court. In the event of such dispute, each party shall be responsible for its own attorney’s fees and costs incurred as a result of such dispute. If any provision of this Agreement is determined to be invalid, it shall be considered deleted herefrom and shall not invalidate the remaining provisions. 12.5. No Waiver of Sovereign Immunity. Notwithstanding any other provision of this Agreement to the contrary, nothing in this Agreement, nor any action taken by the Town pursuant to this Agreement, nor any document that arises out of this Agreement 98 Item a. Page 15 of 17 shall constitute or be construed as a waiver of either the sovereign immunity or governmental immunity of the Town, or of their respective elected and appointed officers and officials, employees, contractors and agents. 12.6. No Third Party Beneficiaries. No provision of this Agreement shall create in the public or in any person or entity not a Party hereto rights as a third party beneficiary hereunder. 12.7. Authority. The signatories of this Agreement affirm that they have the authority to execute this Agreement. 12.8. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 99 Item a. Page 16 of 17 THE EVERGREENE COMPANIES, LLC: By: __________________________________________ Name: Title: COMMONWEALTH OF VIRGINIA: COUNTY OF LOUDOUN: to-wit I, the undersigned Notary Public in and for the county and state aforesaid, do hereby certify that __________________, __________ of THE EVERGREENE COMPANIES, LLC, whose name is signed to the foregoing Offsite Stormwater Infrastructure Installation Agreement bearing the date of the ______ day of _______________, 2022, has acknowledged the same before me in my county aforesaid. Given under my hand this ______ day of _____________________, 2022. _________________________________________ Notary Public My Commission Expires: ____________________ Notary Reg. No.: ___________________________ [Signatures Continue Next Page] 100 Item a. Page 17 of 17 Approved as to Form: TOWN OF LEESBURG By: ________________________________ By: _________________________________ Christopher P. Spera, Town Attorney Kelly Burk, Mayor COMMONWEALTH OF VIRGINIA, COUNTY OF LOUDOUN: to-wit I, the undersigned Notary Public in and for the county and state aforesaid, do hereby certify that Kelly Burk, Mayor whose name is signed to the foregoing Offsite Stormwater Infrastructure Installation Agreement bearing the date of the ______ day of _______________, 20____, has acknowledged the same before me in my county aforesaid. Given under my hand this ______ day of _____________________, 20____. _________________________________________ Notary Public My Commission Expires: ____________________ Notary Reg. No.: ___________________________ 101 Item a. 102 Item a. 103 Item a. Council Meeting Date: June 28, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Pavement Marking Services Contract Award Staff Contact: Renée M. LaFollette, Public Works & Capital Projects Director Scott Coffman, Airport Director Octavia Andrew, Chief Procurement Officer, Finance and Administrative Services Council Action Requested: Award the Pavement Marking continuing services contract for Town Roads and Streets and the Leesburg Executive Airport to Mullen’s Markings, Inc. of Culpeper, Virginia in the amount of $126,849. Also, appropriate $29,849 from the Fiscal Year 2022 pavement marking program to the Fiscal Year 2023 budget. Staff Recommendation: Award the Pavement Marking continuing services contract for Town Roads and Streets and the Leesburg Executive Airport to Mullen’s Markings, Inc. of Culpeper, Virginia in the amount of $126,849. Also, staff recommends Council appropriate $29,849 from the Fiscal Year 2022 pavement marking program to the Fiscal Year 2023 budget. Mullen’s Marking Inc. is a licensed Virginia Class A contractor based in Culpeper, Virginia, and has been in business since 2003. They have recently completed multiple municipal pavement marking and line striping projects for the County of Prince William and the City of Alexandria. Commission Recommendation: Not applicable. Fiscal Impact: No additional funding is needed. The contract in the amount of $126,849 is comprised of $95,000 from the Department of Public Works & Capital Projects street milling and resurfacing program budget for Fiscal Year 2023, $2,000 from the Airport program budget for runway and taxiway restriping for Fiscal Year 2023, and $29,849 in unspent Fiscal Year 2022 funds. There are currently two open Fiscal Year 2022 purchase orders issued under the expiring contract totaling $29,849 that were unspent due to not receiving the required bonding documents as a result of acquisition of the contractor by another company. Those encumbered funds need to be carried over and reappropriated into Fiscal Year 2023 to complete pavement marking work not able to be assigned to the previous contractor. The total dollar amount that will be spent on this contract in any one year will vary and will depend on the Town Council approved budgeted amount for that fiscal year. The contract will be awarded for the initial one-year contract period in the amount of $126,849. This contract can be renewed for up to four additional consecutive one-year periods. If all renewal periods are executed, the total value of this contract is estimated at $514,849, dependent upon annual approved budgeted amounts. 104 Item b. Pavement Marking Services Contract Award June 28, 2022 Page 2 Work Plan Impact: This contract is part of the current work plan for the Department of Public Works & Capital Projects and the Airport. Town Plan Impact: None. Executive Summary: The pavement marking program is part of the annual street maintenance performed by the Department of Public Works & Capital Projects. The locations to be completed by this contract are determined based on the current condition of the roadway line striping and is coordinated with the street milling and resurfacing program. This contract also includes striping needs for the Leesburg Executive Airport runway, taxiways, and parking lots. The current contract for this work expires in July 2022, and a new contract must be awarded to continue with these services. The contract will be awarded for the initial one-year contract period in the amount of $126,849. This contract can be renewed for up to four additional consecutive one- year periods. If all renewal periods are executed, the total value of this contract is estimated at $514,849, dependent upon annual approved budgeted amounts. Since the total contract value exceeds $200,000, Town Council approval is required. Background: The annual street maintenance program for the pavement marking program includes lane lines, stop bars, crosswalks, arrows, and other line striping as needed. There are currently two open Fiscal Year 2022 purchase orders issued under the expiring pavement marking contract totaling $29,849 that were unspent due to not receiving the required bonding documents as a result of acquisition of the contractor by another company. Those funds need to be appropriated into Fiscal Year 2023 to complete pavement marking work not able to be assigned to the previous contractor. In response to a public solicitation for bids, the Town received the following three bids on June 7, 2022: Midlantic Marking Inc. $ 227,530.00 Mullen’s Markings, Inc. $ 529,893.41 Corporate Maintenance Group $1,366,925.00 The bids were evaluated by the Director of Public Works & Capital Projects and the Chief Procurement Officer in accordance with the Town’s Procurement Policy. Midlantic Marking Inc. and Corporate Maintenance Group were deemed nonresponsive. Mullen’s Markings, Inc. of Culpeper, Virginia was determined to be the lowest responsive and responsible bidder. This is a unit price contract and the quantities used for bid comparison are estimates. The contract will be awarded in the amount of the funding available for the project, totaling $126,849. The locations to be completed by this contract are determined based on the current condition of the roadway line striping in Town and is coordinated with the street milling and resurfacing program. This contract also includes striping needs for the Leesburg Executive Airport runway, taxiways, and parking lots. 105 Item b. Pavement Marking Services Contract Award June 28, 2022 Page 3 Proposed Legislation: RESOLUTION Awarding the Pavement Marking Continuing Services Contract for Town Roads and Streets and for the Leesburg Executive Airport to Mullen’s Markings, Inc. of Culpeper, Virginia in the Amount of $126,849 and Appropriating $29,849 from the Fiscal Year 2022 Pavement Marking Program to the Fiscal Year 2023 Budget Draft Motions: 1. I move to approve the proposed resolution to award the Pavement Marking continuing services contract for Town Roads and Streets and the Leesburg Executive Airport to Mullen’s Markings, Inc. of Culpeper, Virginia in the amount of $126,849 and appropriate $29,849 from the Fiscal Year 2022 pavement marking program to the Fiscal Year 2023 budget. 2. I move to deny the proposed resolution to award the Pavement Marking continuing services contract for Town Roads and Streets and the Leesburg Executive Airport to Mullen’s Markings, Inc. of Culpeper, Virginia in the amount of $126,849 and appropriate $29,849 from the Fiscal Year 2022 pavement marking program to the Fiscal Year 2023 budget. OR 3. I move an alternate motion. Attachment: Draft resolution 2022/03 106 Item b. PRESENTED: June 28, 2022 RESOLUTION NO. 2022- ADOPTED: ____________ A RESOLUTION : AWARDING THE PAVEMENT MARKING CONTINUING SERVICES CONTRACT FOR TOWN ROADS AND STREETS AND FOR THE LEESBURG EXECUTIVE AIRPORT TO MULLEN’S MARKINGS, INC. OF CULPEPER, VIRGINIA IN THE AMOUNT OF $126,849 AND APPROPRIATING $29,849 FROM THE FISCAL YEAR 2022 PAVEMENT MARKING PROGRAM TO THE FISCAL YEAR 2023 BUDGET WHEREAS, the pavement marking program is part of the annual street maintenance program performed by the Department of Public Works and Capital Projects; and WHEREAS, the locations to be completed by this contract are determined based on the current condition of the roadway line striping, and is coordinated with the street milling and resurfacing program; and WHEREAS, this contract also includes striping needs for the Leesburg Executive Airport runway, taxiways, and parking lots; and WHEREAS, in response to a public solicitation for bids for this Pavement Marking Services for Town Roads and Streets and Leesburg Executive Airport contract, the Town received three bids on June 7, 2022 from the following firms: Midlantic Markings Inc. $ 227,530.00 Mullen’s Markings, Inc. $ 529,893.41 Corporate Maintenance Group $1,366,925.00 WHEREAS, the bids were evaluated by the Director of Public Works and Capital Projects and the Chief Procurement Officer in accordance with the Town’s Procurement Policy; and WHEREAS, the bids from Midlantic Marking Inc. and Corporate Maintenance Group were deemed nonresponsive; and 107 Item b. A RESOLUTION: AWARDING THE PAVEMENT MARKING CONTINUING SERVICES CONTRACT FOR TOWN ROADS AND STREETS AND FOR THE LEESBURG EXECUTIVE AIRPORT TO MULLEN’S MARKINGS, INC. OF CULPEPER, VIRGINIA IN THE AMOUNT OF $126,849 AND APPROPRIATING $29,849 FROM THE FISCAL YEAR 2022 PAVEMENT MARKING PROGRAM TO THE FISCAL YEAR 2023 BUDGET -2- WHEREAS, Mullen’s Markings, Inc. of Culpeper, Virginia was determined to be the lowest responsive and responsible bidder; and WHEREAS, this is a unit price contract and the quantities used for bid comparison are estimates; and WHEREAS, the Town Council approved street maintenance program includes funding in the amount of $95,000 for pavement marking services for Fiscal Year 2023 as part of the operations and maintenance budget for the Department of Public Works & Capital Projects; and WHEREAS, the Town Council approved Airport operating budget includes funding in the amount of $2,000 for Fiscal Year 2023 for runway and taxiway restriping; and WHEREAS, the Town Council approved Fiscal Year 2022 operations and maintenance budget for the Department of Public Works & Capital Projects includes $29,849 in unspent pavement marking funds to be appropriated to Fiscal Year 2023; and WHEREAS, the contract will be awarded in the amount of $126,849, inclusive of the pavement marking program’s adopted Fiscal Year 2023 budget appropriation of $95,000 in the Department of Public Works & Capital Projects, the Airport’s runway and restriping program’s adopted Fiscal Year 2023 operating budget appropriation of $2,000, and Department of Public Works & Capital Projects Fiscal Year 2022 unspent funds in the amount of $29,849; and WHEREAS, this contract will be for an initial period of one year, and renewable up to four additional consecutive one-year periods; and 108 Item b. A RESOLUTION: AWARDING THE PAVEMENT MARKING CONTINUING SERVICES CONTRACT FOR TOWN ROADS AND STREETS AND FOR THE LEESBURG EXECUTIVE AIRPORT TO MULLEN’S MARKINGS, INC. OF CULPEPER, VIRGINIA IN THE AMOUNT OF $126,849 AND APPROPRIATING $29,849 FROM THE FISCAL YEAR 2022 PAVEMENT MARKING PROGRAM TO THE FISCAL YEAR 2023 BUDGET -3- WHEREAS, if all renewal periods are executed, the total value of this contract is estimated at $514,849, dependent upon annual approved budgeted amounts; and WHEREAS, The Director of Public Works & Capital Projects recommends award of the Pavement Marking Services for Town Roads and Streets and Leesburg Executive Airport contract to Mullen’s Markings, Inc.; and WHEREAS, unused Fiscal Year 2022 funding in the amount of $29,849 for pavement marking services is available and is requested to be appropriated to Fiscal Year 2023 to ensure completion of our programmed pavement marking program for Fiscal Year 2023. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Town Manager is authorized to execute this contract in the amount of $126,849 to Mullen’s Markings, Inc. of Culpeper, Virginia for Pavement Marking Services for Town Roads and Streets and Leesburg Executive Airport. 2. A supplemental appropriation of $29,849 to the Fiscal Year 2023 General Fund budget beginning July 1, 2022 ending June 30, 2023 using Fiscal Year 2022 unspent pavement marking services program funding. PASSED this 28th day of June, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 109 Item b. Council Meeting Date: June 28, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Airport North Apron Paving – Hangars C & D Rehabilitation Staff Contact: Renée M. LaFollette, P.E., Director, Public Works & Capital Projects Scott Coffman, Airport Director Phil Jones, P.E. Assistant Director of Capital Projects Karin Franklin, P.E. Project Manager, Public Works & Capital Projects Council Action Requested: (1) Approve a supplemental appropriation of $24,000 from a Virginia Department of Aviation grant award and $6,000 in Town General Obligation bonds to fund the design and engineering work necessary for the North Apron Paving – Hangars C & D Rehabilitation Capital Improvement Project in Fiscal Year 2023; and (2) Authorize execution of a grant agreement with the Virginia Department of Aviation for the engineering design services necessary for the North Apron Paving – Hangars C & D Rehabilitation Capital Improvement Project in the amount of $104,000. (1) Staff Recommendation: Approve funding and a grant agreement with the Virginia Department of Aviation for staff to proceed with the necessary design and engineering work for the North Apron Paving – Hangars C & D Rehabilitation Capital Improvement Project in Fiscal Year 2023. Commission Recommendation: The Airport Commission recommends completion of the Airport North Apron Paving project as a part of the Town’s Capital Improvement Program. Fiscal Impact: The North Apron Paving – Hangars C & D Rehabilitation project is an approved project in the Fiscal Year 2023-2028 Capital Improvements Program (CIP). An appropriation of additional Virginia Department of Aviation (DOAV) grant funds in the amount of $24,000 and Town General Obligation Bond funding in the amount of $6,000 are required to approve the proposed task order contract. The design task order exceeds the budgeted amount of $80,000 shown in the approved Fiscal Year 2023-2028 CIP and the additional appropriation of DOAV and Town funds cover the cost of the task order with a contingency. The DOAV grant will provide funding in the amount of $104,000 which is 80% of the total design costs. The design services will be provided by Talbert & Bright in the amount of $127,989.63 as a task order utilizing their on-call contract with the Town. Work Plan Impact: This contract is part of the current work plan for the Department of Public Works and Capital Projects and the Airport. 110 Item c. Airport North Apron Paving – Hangars C & D Rehabilitation June 28, 2022 Page 2 Town Plan Impact: Strategy 4.3.4 of the Legacy Leesburg Town Plan states “Continue Planning for the Future of the Leesburg Airport” by following the Airport Master Plan. The Airport Master Plan that was completed in 2018 identified the Airport North Apron area as being in the poor condition and requiring a possible combination of re-pavement and possible reconstruction within the next five years. Executive Summary: The Airport North Apron Paving – Hangars C & D Rehabilitation project is an approved project in the Fiscal Year 2023-2028 Capital Improvements Program (CIP). These aprons are exhibiting cracking and stresses and the latest Pavement Management Plan, prepared by the Virginia Department of Aviation (DOAV) in May 2022, has identified a Pavement Condition Index below the acceptable score for the pavement around Hangars A through D. A DOAV Grant will fund 80% of the costs associated with this design Task Order. Background: The Leesburg Executive Airport Master Plan dated December 2018, forecasted a Pavement Condition Index below an acceptable level. A study including geotechnical testing was completed in 2021 for the apron areas around Hangars C & D and recommended full rehabilitation of these aprons within the next two to three years. The Pavement Management Plan released by the Virginia Department of Aviation (DOAV) in May 2022 has identified that the entirety of the North Apron around Hangars A through D including the entrances to the taxiway also have a Pavement Condition Index below the acceptable score. Based on the results of this new Pavement Management Plan, the proposed design scope has been expanded to complete additional geotechnical testing in the additional areas around Hangars A and B and for the entrances to the taxiway and provide a comprehensive design for paving of the entire North Apron area. Additional funds are proposed to be added to the Capital Improvement Project design budget to cover the expanded design effort. The design work will provide an updated construction cost for this project which will be updated as part of the Fiscal Year 2024-2029 CIP development. This task order has been reviewed by DOAV and Town staff and found to be acceptable and in conformance with the on-call contract. The DOAV grant was approved by the Virginia Aviation Board and will cover 80% of the project cost for design and a future DOAV grant is expected to cover 80% of the construction cost. The design work on this project is anticipated to begin in the summer of 2022 with the goal to bid the paving work in the spring of 2023 so paving will be completed in Fiscal Year 2024. DOAV Pavement Management Plan 111 Item c. Airport North Apron Paving – Hangars C & D Rehabilitation June 28, 2022 Page 3 Proposed Legislation: RESOLUTION Approve a Supplemental Appropriation in the amount of $30,000 and Authorize a Virginia Department of Aviation Grant Agreement in the amount of $104,000 for the North Apron Paving Hangars C & D Rehabilitation Project Draft Motions: 1. I move to approve the proposed resolution to: (1) Approve a supplemental appropriation of $24,000 of Virginia Department of Aviation grant award funding and $6000 of Town GO bonds to fund the Airport North Apron Paving – Hangars C & D Rehabilitation project. (2) Authorize execution of a grant agreement with the Virginia Department of Aviation for the engineering design services for the Airport North Apron Paving – Hangars C & D Rehabilitation project in the amount of $104,000. OR 2. I move to deny the proposed resolutions to: (1) Approve a supplemental appropriation of $24,000 of Virginia Department of Aviation grant award funding and $6,000 of Town GO bonds to fund the Airport North Apron Paving – Hangars C&D project. (2) Authorize execution of a grant agreement with the Virginia Department of Aviation for the engineering design services for the Airport North Apron Paving – Hangars C & D Rehabilitation project in the amount of $104,000. OR 3. I move an alternate motion. Attachments: 1. Draft resolution: Supplemental Appropriation, and Grant Agreement Authorization 2. 2023-2028 Current CIP Airport North Apron Paving - Hangars C & D Rehabilitation project 3. 2023-2028 Revised/Proposed CIP Airport North Apron Paving – Hangars C & D Rehabilitation project 112 Item c. PRESENTED: June 28, 2022 RESOLUTION NO. 2022- ADOPTED: ____________ A RESOLUTION : APPROVE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $30,000 AND AUTHORIZE A VIRGINIA DEPARTMENT OF AVIATION GRANT AGREEMENT IN THE AMOUNT OF $104,000 FOR THE NORTH APRON PAVING HANGARS C & D REHABILITATION PROJECT WHEREAS, the Airport North Apron Paving Hangars C & D Rehabilitation project is included in the Fiscal Year 2023-2028 Capital Improvements Program; and WHEREAS, the latest Pavement Management Plan prepared by the Virginia Department of Aviation in 2021 identified the entirety of the North Apron around Hangars A through D as below acceptable score and therefore the design scope has been expanded to include this additional area; and WHEREAS, Talbert & Bright has provided a task order proposal totaling $127,989.63 for design services for the Airport North Apron Paving Hangars C & D Rehabilitation project which includes the expanded areas around Hangars A & B; and WHEREAS, the Virginia Department of Aviation has approved grant funding in the amount of $104,000 towards funding the design cost for this project; and WHEREAS, a supplemental appropriation of the Virginia Department of Aviation grant award funding of $24,000 and Town General Obligation bonds of $6,000, in excess of the currently budgeted $100,000 is required to award the proposed task order contract. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Fiscal Year 2023-2028 Capital Improvements Program is hereby amended, and a supplemental appropriation of $24,000 of Virginia Department of Aviation grant 113 Item c. A RESOLUTION: APPROVE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $30,000, AND AUTHORIZE A VIRGINIA DEPARTMENT OF AVIATION GRANT AGREEMENT IN THE AMOUNT OF $104,000 FOR THE NORTH APRON PAVING – HANGARS C & D REHABILITATION PROJECT -2- 2022/01 award funding and $6,000 of Town General Obligation bond funding is hereby made to the Airport North Apron Paving Hangars C & D Rehabilitation project for the fiscal year beginning July 1, 2022 and ending June 30, 2023. 2. The Town Manager is hereby authorized to execute any and all paperwork associated with the grant agreement for $104,000 through the Virginia Department of Aviation for partial funding for the design services for the Airport North Apron Paving Hangars C & D Rehabilitation project once in a form acceptable to the Town Attorney; and PASSED this 28th day of June, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 114 Item c. 115 Item c. Capital Improvements Program TITLE: Airport North Apron Paving -Hangars C & D Rehabilitation (23004) STATUS: New LOCATION: Leesburg Executive Airport PROGRAM DESCRIPTION: Rehabilitate the existing aircraft aprons located around Hangars C and D. These aprons are exhibiting cracking and stresses, and the latest Pavement Management Plan, prepared by the Virginia Department of Aviation and published in 2015, forecasted a Pavement Condition Index below the acceptable score. A study including geotechnical testing was completed in 2021 and recommends full rehabilitation of these aprons within the next two to three years. Funding participation is anticipated from the Virginia Department of Aviation (DOA V) for this project. OPERATING IMPACT: Minimal. GOAL ADDRESSED: 2012 Town Plan• Transportation Objective 6 calls for the promotion and protection of the Leesburg Executive Airport as a primary reliever airport within the regional air transportation system. Significant Dates PROJECT ESTIMATED START COMPLETION Summer 2022 Summer 2024 Funding Sources Total Required Funded Project through Sources Funding 6/30/22 2023 2024 GO Bonds $217,200 $176,200 State-DOAV 748,800 644,800 Total Sources $966,000 $- - $41,000 104,000$145,000 $821,000 Planned Uses Total Expended Project through Uses Cost 6/30/22 2023 2024 Project $30,000 -$15,000 $15,000 Management Design/ 130,000 Engineering -130,000 -Facility Repair/ 806,000 Renovation --806,000 Total Uses $966,000 $-$145,000 $821,000 Operating Impact Operating/Maintenance 2023 2024 N/A $-$-Total Impact - -2025 - - $-2025 - - - $-2025 $--FY 2023 Adopted Budget -226 -Airport Future Total for Funds 2026 2027 2028 6 Yr CIP Required - -$217,200 - - -748,800 - $- $- $-$966,000 $-Future Total for6 Project 2026 2027 2028 Yr CIP Cost - -$30,000 - --130,000 - --806,000 - $- $- $-$966,000 $-2026 2027 2028 $- $- $-- - -Town of Leesburg, VA 116 Item c. Council Meeting Date: June 28, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Appointment to the Technology and Communications Commission Staff Contact: Eileen M. Boeing, CMC, Clerk of Council Council Action Requested: Consideration of an appointment of Chris Grandjean to the Technology and Communications Commission. Staff Recommendation: Not applicable. Commission Recommendation: Not applicable. Fiscal Impact: Section 2-197 of the Town Code provides for annual compensation of $1,350 for the Chair of the Technology and Communications Commission and $1,200 for Technology and Communications Commission members. Funds are available within the current Fiscal Year 2022 general fund budget. Work Plan Impact: None. Town Plan Impact: None. Executive Summary: One vacancy currently exists on the Technology and Communications Commission after the resignation of Daoud Ahmed. This appointment belongs to Council Member Neil Steinberg. Background: The terms of office for Commissioners correspond to the term of the Council Member who appointed them. The appointment of Chris Grandjean is effective through December 2022. Membership on the Technology and Communications Commission may consist of Town residents or Town business owners and at least four members shall be town residents. Mr. Grandjean is a Town resident. Proposed Legislation: RESOLUTION Appointing Chris Grandjean to the Technology and Communications Commission Draft Motions: 1. I move to approve the proposed Resolution. 2. I move to deny the proposed Resolution. 117 Item d. Appointment to the Technology and Communications Commission June 28, 2022 Page 2 OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Statement of Interest – C. Grandjean 3. Resume – C. Grandjean 2022/03 118 Item d. 07/30/2021 PRESENTED: June 28, 2022 RESOLUTION NO. 2022- ADOPTED: ____________ A RESOLUTION : APPOINTING CHRIS GRANDJEAN TO THE TECHNOLOGY AND COMMUNICATIONS COMMISSION WHEREAS, participation by public-spirited citizens on town boards, commissions and committees is vital to the success of town government and the democratic process; and WHEREAS, boards, commissions and committees serve an indispensable role in providing recommendations concerning town policy and programs; and WHEREAS, Council desires to appoint effective individuals to serve at its will and pleasure on these advisory boards; and WHEREAS, terms of Boards and Commissions members correspond to the term of the Council Member that nominated them; and WHEREAS, membership on the Technology and Communications Commission shall consist of town residents or town business owners. Mr. Grandjean is a resident. THEREFORE, RESOLVED, that the Council of the Town of Leesburg in Virginia hereby appoints Chris Grandjean to the Technology and Communications Commission to a term ending December 31, 2022. PASSED this 28th day of June, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 119 Item d. Council Member Steinberg, I'd like to submit myself as an applicant for the Leesburg Technology and Communications Commission. I'm interested in serving my local community and would like to apply some of my professional skills in a volunteer position. Aaron Nadler informed me of an opportunity to volunteer for this commission and I would appreciate the opportunity to be considered to fill one of the open spots. Please see my attached resume. Thank you for your time and consideration, Chris Grandjean 120 Item d. Mr. Chris Grandjean Summary of Experience and Professional Highlights Over 20 years of test, systems engineering and project management experience in software development and sustainment lifecycle within the Intelligence Community, including requirements development and system test, security vulnerability test, forensic analysis, internal and customer demonstrations, release/version transition, lessons learned review and incorporation, and operational problem resolution review and testing. Education BS, Integrated Science and Technology, James Madison University, 2001 Experience Software Engineering Manager, BlackHorse Solutions 01/2019 – Present Project Manager Led team of 15 people through the transition, continued development, sustainment, and operational support of an operationally used cyber framework to Team BlackHorse. Led the integration of the framework with several other cyber systems. Led team of vulnerability researchers to identify and utilize findings within framework. Transitioned team to more structured agile methodologies to facilitate project integration into a larger Scaled Agile Framework. Cyber Systems Engineer Cyber system integration and test. Direct customer support for advanced cyber solutions. Subject Matter Expert for mobile communications solutions and managed attribution systems vulnerability analysis. Alternative IP based communications solutions design, implementation, integration, and test. Sr. System Engineer, Centauri (formerly Integrity Applications Inc), 01/2015 – 01/2019 Led and participated in Vulnerability Assessments to document identifying characteristics, weaknesses and vulnerabilities of potential cyber based special communications solutions. Led and participated in Technical Characterizations to identify communications footprints and signatures of potential cyber-based special communications solutions. Formally demonstrated potential cyber-based special communications solutions and presented findings of Vulnerability and Technical Assessments of said solutions to customers. Performed forensic analysis of mobile devices (Android and iOS), and other electronic devices. Assessed mobile, cloud infrastructure, and web-based applications for vulnerabilities, privacy and user attribution. Reviewed and updated customer requirements for cyber-based special communications solutions. 121 Item d. Selected and vetted vendor submissions for cyber-based special communications solutions. Identified and supported vendor solutions to showcase and integrate at annual Trident Spectre event. Collaborated with all source analysts to develop Technical Threat Assessments, combining analyst threat information with cyber vulnerabilities and characterizations for proposed special communications plans. System and Test Engineer, KEYW Corp, 03/2008 – 01/2015 System and Test Engineer Composed Test and Evaluation Master Plan (TEMP), detailing the path for interoperability, security and user testing of Service Providers integrating into a shared Intelligence Community (IC) cloud-based computing environment to promote information discovery and integration. Orchestrated and led biweekly Integration and Verification Testing (I&VT) working group, involving all 17 IC elements, to discuss integration and testing activities. Authored Technical Interoperability Requirements, Use Cases, Test Plans, Test Procedures, and Test Reports to verify interoperability between IC Service Providers. Systems engineering activities included specializing in the technical aspects of the cloud and data integration. Evaluated and updated the yearly Statements of Work for Service Provider contributions to the IC cloud computing environment. Test Engineer Participated in all aspects of agile development cycle methodology to include daily scrums, sprint planning, user story demonstration to customer, and retrospectives. Composed and executed test cases to verify that the system meets all customer acceptance criteria for regular and mobile applications. Composed System Verification Plan and document test results. Created and maintained regression test plans; performed regression tests on new versions of the software to ensure previously existing software functionality has not been compromised. Test Engineer at FASI (Acquired by KEYW Corp) Led four-person team to identify, modify, integrate, and run COTS test tools to meet Factory Acceptance Test (FAT) and Performance Testing requirements. Composed FAT plans and User Interface Response Time test procedures; conducted testing to include problem isolation and identification. Provided assistance to problem resolution during test conduct and test reporting. Interfaced with product development and maintenance as well as requirements engineers to define proposed software modifications/additions. Mentored new employees on standard operating procedures and the system System Engineer, Apogee Integrations, 07/2007 – 03/2008 Researched and evaluated technology solutions to assist teams of analysts directly supporting the warfighter. 122 Item d. Evaluated software for ability to meet the needs of users; interacted with software/hardware representatives to determine optimal configurations. Escorted new software/hardware through the Engineering Review Board and Configuration Control Board; maintained expertise about multiple technologies throughout these processes. Researched and resolved concerns pertaining to technologies in question. Routinely presented briefings highlighting new technological solutions to users. Coordinated vendor demonstrations and vendor training for users. Participated in review process of proposals for new technologies to assist other organizations working toward similar goals. Systems Integration and Test Engineer, Lockheed Martin, 07/2001 – 07/2007 Served as Verifications Demo lead for six-person project team during more than 35 external multi-segment coordinated demos; tasks included problem isolation and identification, assistance to problem resolution, and test reporting with other external interface programs. Represented Verifications Engineering (VE) team at internal and external customer technical exchange and coordination meetings. Acted as VE point of contact for system transition rehearsals. Composed Product Integration Test and Integration Test plans, test procedures, and demo test plans. Reviewed and provided comments on Software Requirements Specification and System/Segment Design Document requirements and assigned requirements to test cases. Periodically audited/ensured VE group compliance to International Organization for Standardization 9001 and Capability Maturity Model Index Level 5 Standards in a Waterfall software development lifecycle. Reviewed and updated internal program Standard Operating Procedures. Acted as temporary Verification Group Manager, Version Team Lead, Demo Team Lead, Transition Team Lead, and Ops Maintenance Team Lead while serving as backup. Certifications/Training/Awards SAFe 5 Agilist, Scaled Agile Inc, 2020 SEC401: Security Essentials Boot Camp Style, SANS, 2017 SEC575: Mobile Device Security and Ethical Hacking, SANS, 2016 FOR585: Advanced Smartphone Forensics, SANS, 2015 DOMEX: Intro to Device and Media Exploitation, DIA/NMEC, 2015 Skills Project Management Mobile and Web App Characterization and Vulnerability Assessment Mobile Forensics and Analysis Managed Attribution System Characterization and Vulnerability Assessment Special Communications solutions Characterization and Vulnerability Analysis Systems Test and Evaluation 123 Item d. Web/Desktop Software MS Suite Security Testing Tool Suites: Kali Linux, Santoku, Wireshark, NowSecure workstation, MobSF Forensic Analysis: Cellebrite, XRY, ADB, FTK, Encase Operating Systems: Linux, Windows, OS X, DOS, IBM Mainframe, Android, iOS, BlackBerry 124 Item d. Council Meeting Date: June 28, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Special Event Fee Waiver for Artistic Fuel: Ties That Bind Benefit for Uvalde Staff Contact: Kate Trask, Deputy Director of Parks and Recreation Council Action Requested: Approval by Council is needed to waive the special event fees associated with the Artistic Fuel: Ties That Bind Benefit for Uvalde on August 27, 2022 with a rain date of August 28, 2022. Staff Recommendation: Approval by Town Council to waive the special event fees up to $2,400. Commission Recommendation: Not applicable. Fiscal Impact: The special event fees for the Artistic Fuel: Ties That Bind Benefit for Uvalde are for Ida Lee Park Festival Field rental fees and actual time worked by Town staff from the Police Department and the Parks and Recreation Department. The estimated total special event cost is $2,375 which includes $875 for staff and $1,500 for the field rental. The event costs are approximate and could increase or decrease depending on needs that arise on the day of the event. The staff costs for this event are not accounted for in the operating budgets of the associated departments providing staff for the event. Funding is required from the Town Council line item for an internal transfer of funds in order to cover staffing costs. The Festival Field rental fee is a revenue line item for the Parks and Recreation Department. Work Plan Impact: The Artistic Fuel: Ties That Bind Benefit for Uvalde is being held on Saturday, August 27, 2022 with a rain date of August 28, 2022. The workload of both the Police Department and the Parks and Recreation Department will be affected. Staff will need to be identified to work outside normal work hours at overtime rates. Town Plan Impact: None. Executive Summary: The event organizers for the Artistic Fuel: Ties That Bind Benefit for Uvalde have requested that the Town fees associated with the event be waived. See Attachment #2. The Town adopted a special event fee waiver policy in November 2021 which allows Town Council to waive fees or issue fee reductions for qualifying events. See Attachment #3. The funding for fee waivers or reductions is budgeted annually in Town Council’s operating budget. Upon submission of a Special Event Proposal application, an event organizer can request a special event fee waiver. A review by the staff on the Community Events Committee (CEC) is conducted and a recommendation is proposed. Based on the criteria for special event fee waivers, the Artistic Fuel: Ties That Bind Benefit for Uvalde meets the requirements and is eligible for the fee waiver. Background: The Artistic Fuel: Ties That Bind Benefit for Uvalde event is being proposed by the Artistic Fuel Foundation as a fundraiser to support the Uvalde, Texas community in the aftermath of the 125 Item a. Special Event Fee Waiver for Artistic Fuel: Ties That Bind Benefit for Uvalde June 28, 2022 Page 2 May 24, 2022 mass shooting at the Robb Elementary School. The Artistic Fuel Foundation is a non- profit organization whose mission is to “strive[s] to help people ignite or rediscover the fire of creativity and imagination that exists within them. We share tools and resources to sustain a healthy creative life.” The Foundation is intending to raise a minimum of $100,000 for the creation of an arts therapy program for Uvalde, Texas. The funds would support an arts therapist and materials for one year of service with continuation of the program a possibility. The event is open to the public with no entrance fee. Donations will be requested throughout the event, as well as via pre-event marketing. Leesburg is the first location for this fundraising event and if successful, the Foundation intends to consider holding this event at various locations around the country to support communities impacted by gun violence. In addition to the fundraising goal, the Foundation plans to include a ‘richer dialogue around the issue of gun safety’. At the proposed event being planned at the Ida Lee Park Festival Field there will be live music by The Frayed Knots, food trucks (no alcohol), a panel of speakers from VTVCare, and a showing of the film MASS. VTVCare is a non-profit movement started by the survivors and family members of the victims of the Virginia Tech shooting. Their sole purpose is “to help fund the long-term physical and psychological trauma-related care expenses of mass shooting survivors nationwide.” The film MASS by Fran Kranz is a 2-hour drama about two grieving couples who meet years after a high school shooting that involved their sons. The film premiered at the 2021 Sundance Film Festival. It can be viewed through various streaming services. Here is a link: https://news.sky.com/story/mass-the-film-exploring-forgiveness-in-the-aftermath-of-a-us-school- shooting-massacre-12505691. Proposed Legislation: RESOLUTION Waiving Special Event Fees for the Artistic Fuel: Ties That Bind Benefit for Uvalde to be Held on August 27, 2022, with a rain date of August 28, 2022 Draft Motions: 1. I move to approve the proposed Resolution. 2. I move to deny the proposed Resolution. OR 3. I move an alternate motion. Attachments: 1. Draft resolution 2. Fee Waiver/Reduction Request Form for Artistic Fuel: Ties That Bind Benefit for Uvalde 3. Special Event Fee Waiver Policy – November 2021 2022/03 126 Item a. PRESENTED: June 28, 2022 RESOLUTION NO. 2022- ADOPTED: ____________ A RESOLUTION : WAIVING SPECIAL EVENT FEES FOR ARTISTIC FUEL: TIES THAT BIND BENEFIT FOR UVALDE TEXAS TO BE HELD ON AUGUST 27, 2022, WITH A RAINDATE OF AUGUST 28, 2022 WHEREAS, the Artistic Fuel Foundation has applied to hold a benefit fundraiser at Ida Lee Park to raise funds for an arts therapy program for Uvalde, Texas; and WHEREAS, the benefit event has associated special event fees in the approximate amount of $2,400; and WHEREAS, the Artistic Fuel Foundation has requested that the Town Council waive the special event fees associated with the benefit event; and WHEREAS, the Town Council has determined that granting the requested fee waiver is appropriate and in the public interest; and WHEREAS, staff has advised that there are adequate funds available in the appropriate budget cost center to cover the waived fees. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The special event fees in the approximate amount of $2,400 associated with the Artistic Fuel: Ties that Bind Benefit for Uvalde Texas event scheduled for August 27, 2022 with a rain date of August 28, 2022 are hereby waived. 2. Staff is directed to assess the actual costs incurred against the Town Council line item in the budget for the current fiscal year, and to take all such additional steps as may be necessary to properly document the waiver and recover such costs by an internal transfer of funds. 127 Item a. A RESOLUTION: WAIVING SPECIAL EVENT FEES FOR ARTISTIC FUEL: TIES THAT BIND BENEFIT FOR UVALDE TO BE HELD ON AUGUST 27, 2022, WITH A RAINDATE OF AUGUST 28, 2022 -2- 2022/01 PASSED this 28th day of June, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 128 Item a. TOWN OF LEESBURG PARKS & RECREATION DEPARTMENT FEE WAIVER/REDUCTION REQUEST FORM Important: This form is to be completed by staff. Please complete this entire form and attach applicable backup (i.e. additional applicant information, facility request information, event information, etc.). APPLICANT INFORMATION Event Name: _________________________________________________________________________________ Event Organizer(s) Name: ______________________________________________________________________ Location of Event: ____________________________________________________________________________ Date(s) and Time: _____________________________________________________________________________ Is Organization a 501(c) (___)? YES ____ NO ____ Must attach proof of Organization’s designation. Number of anticipated attendees: #______________________________________________________________ Amount requested in waived/reduced fees: $ ______________________________________________________ Town costs: rental fee $ ______________________________ staffing cost $ _____________________________ Will in-kind support be greater or equal to the fee waiver/reduction provided? YES _____ NO _____ N/A_____ Is the event open to the public? YES ____ NO ____ Is a fee being charged to participants? YES ____ NO ____ If yes, attach fees/rates. Has a permit been previously issued for this event? YES ____ NO ____ If yes, year(s) _____________ Has a fee waiver/reduction been previously issued for this event? YES ____ NO ____ If yes, year(s) ______________________ Will event be annual or one-time? _____________________ Proposed event: Provide general explanation of event and justification for recommendation selected. Submit form with information, memo, and resolution. Town Council Meeting Date: _________________ Final Recommendation: Approved ______ Denied _______ Resolution # _________ Artistic Fuel: Ties That Bind Benefit for Uvalde Kaeley Boyle - The Artistic Fuel Foundation Ida Lee Park Festival Field Saturday, Aug. 27, 2022 6pm-10pm; rain date Aug. 28, 2022 1000 2,375 1,500.00 875.00 X X X X Unsure A one night film screening, on a 40 ft. inflatable screen, opening panel discussion, an hour long live music set, and 10 food trucks. Fee will not be charged for attending but will be accepting donations. The box office proceeds will go directly towards funding the cost and materials of an art therapist in Uvalde, TX. Staff recommends approval of the fee waiver for the rental cost of Ida Lee Park Festival Field and staff costs associated with event. June 28, 2022 x 129 Item a. 130 Item a. 131 Item a. 132 Item a. Council Meeting Date: June 27, 2022 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Crescent District Master Plan Update Staff Contact: Rich Klusek, Senior Planner, Department of Planning and Zoning Keith Markel, Deputy Town Manager Council Action Requested: Work session discussion. Council direction is needed if it wishes to modify the existing Crescent District Master Plan. If modifications are desired, specific areas should be identified for potential change so staff is able to develop an accurate scope of work for consideration. Staff Recommendation: Provide direction and guidance regarding the elements to be considered in a scope of work for updating the Crescent District Master Plan should Council desire to pursue. In order to clarify next steps, staff has developed a list of potential elements that could be included in a review of the existing Plan (Attachment #2). If there is Council support to review the current Crescent Design District Master Plan, staff recommends that Council take straw votes regarding potential elements of review so that the scope and work plan can be focused and refined. Any significant review of the existing plan would require outside consulting support to achieve the desired results in a realistic timeframe. Commission Recommendation: The Planning Commission discussed the Crescent District during development of Legacy Leesburg and at their meeting on March 3, 2022 but no formal positions have been identified. Points of discussion included density, parking, the size of the district, architecture, and urban design. Fiscal Impact: The fiscal impact of any Council action will depend on the scope of work desired by Town Council. Once direction is confirmed, staff will determine the estimated costs for future approval by Council before proceeding further. Work Plan Impact: The work plan impact will depend on the scope of work desired by Council. Planning Department staff currently have multiple projects that will need to be prioritized based on the direction and schedule requested by Council. Town Plan Impact: Updating the Crescent District Master Plan is consistent with the Town Plan. Legacy Leesburg includes specific recommendations to update the Crescent District Master Plan on pages 86 – 87 (Attachment 2) and in Strategy 1.1.6a (Attachment 3). Executive Summary: Town Council continued its discussion of potential updates to the Crescent District Master Plan at its May 9, 2022 Work Session. During that meeting, Councilmembers discussed several potential efforts and approaches for updating the Crescent District Master Plan, but no corporate direction was provided on a path forward. While some Councilmembers appeared 133 Item b. Crescent District Master Plan Update June 27, 2022 Page 2 to be looking for a major revision to the Crescent District Master Plan and vision, others indicated that minimal effort or revisions were needed. Council requested a follow up work session to continue the discussion. Background: Detailed information regarding the background of the Crescent District Master Plan and previous revision efforts was provided in the May 9, 2022 Town Council Work Session Staff Report. At that meeting, Councilmembers noted various Master Plan topics that should be reviewed or reconsidered as well as range of ideas for moving forward with updates to the Master Plan. The identified topics and process elements are listed and described in Attachment #1. Proposed Legislation: RESOLUTION Crescent District Master Plan Update Draft Motions: 1. I move to approve the proposed Resolution. 2. I move to deny the proposed Resolution. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Potential Crescent District Master Plan Scope Elements 3. Legacy Leesburg - Crescent District Update 4. Legacy Leesburg Strategy 1.1.6a 2022/03 134 Item b. PRESENTED: June 28, 2022 RESOLUTION NO. 2022- ADOPTED: ____________ A RESOLUTION : CRESCENT DISTRICT MASTER PLAN UPDATE WHEREAS, the Crescent District Master Plan was adopted by the Town Council on June 27, 2006; and WHEREAS, the Master Plan provides specific planning and zoning guidance for approximately 225 acres of land located to the south and east of the core downtown area; and WHEREAS, subsequent Zoning Ordinance amendments and Form Based Codes provide specific development criteria for parcels located with the District; and WHEREAS, since adoption of the Plan 16 years ago there have been significant development projects in and around the Crescent District as well major shifts in the Town’s economy; and WHEREAS, Town Council believes that a review of the existing Plan is necessary to ensure that the document reflects the current needs of the community to promote a thriving, sustainable, and desirable mixed use district; and WHEREAS, the Town Council discussed various areas of review to determine the extent of the Plan update effort; and WHEREAS, Town Council supports the use of outside consultant support to update the Plan in a timely and efficient manor. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 135 Item b. A RESOLUTION: CRESCENT DISTRICT MASTER PLAN UPDATE -2- 2022/01 1. Staff is directed to develop a Scope of Work based on the consensus provided by the Town Council to be used in a contract with outside consultant support to evaluate the current Cresent District Master Plan. 2. Staff shall return to Council with a detailed Scope of Work, funding request, and proposed timeline for final Council action. PASSED this 28th day of June, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 136 Item b. Yes No Maybe 1 Guiding Principles 2 Density / Form / Heights 3 Transportation/Street Network 4 Proposed Land Uses 5 Affordable Housing Requirements 6 Zoning Mechanism 7 Public Investment 8 Boundaries and Sub-Areas 9 Parking Crescent Design District Focus Area Scope To assist staff in developing a scope of work that reflects the intent of the Town Council, guidance should be provided to determine which of the following plan elements Council wishes to revisit and whether the process should include certain studies. Are the proposed street network, road designs, and road cross sections still appropriate? Should the Vision and Guiding Principles for the Crescent District be reconsidered? What should new development look like? How big? How tall? How much development should be allowed? How much development can existing infrastructure support? Should the Town consider making public investments to realize elements of the Crescent District? This could include streetscape improvements, utility relocation/burial, signage improvements, landscaping, parks, public parking, public buildings. Should the current off-street parking requirements that apply to the district be revisited? Has the desired mix of land uses changes? Retail, Office, Flex, Residential, or Mixed Use? Should development in the Crescent District be subject to specific affordable housing requirements? Should there be a different zoning approach? Example: removing the form based code component of the District? Should the Boundaries of the CDD be updated? Should there be new sub-areas that further refine the land use vision/heights/densities in specific parts of the CDD? 137 Item b. 10 Public Input/ Outreach 11 Graphics/Sketches/Illustrations/Visuals 12 Feasibility Analysis 13 Fiscal Analysis Should consultants prepare an unbiased, third-party evaluation of land values and construction costs to develop estimates of how much development or building area is needed see a reasonable return on investment for potential developers? New development will result in increased tax revenues but also require new Town services. Should a Fiscal analysis be developed to help the Town identify development scenarios that result in desired fiscal outcomes for the Town? Should there be public engagement with community residents and stakeholders? This could include surveys, focus groups, community meetings, interviews with developers and ld Should new visuals be included in the Master Plan to help communicate the desired look and feel of development? 138 Item b. 86 Town of Leesburg, Virginia Legacy Leesburg 87 The Crescent Area The Crescent Design District is a zoning district that was established to implement the Crescent District Master Plan. The purpose of the district is to (1) expand the business footprint of the downtown and thereby reduce development pressure in the downtown, (2) to provide additional housing opportunities in a mixed use format which will provide a ‘built-in’ customer base for restaurants, retail and services downtown, and (3) to provide an opportunity to redevelop aging strip retail into a form-based, walkable development format. The Master Plan, was adopted in 2006 and the Town’s zoning ordinance and zoning map were later amended in 2013. Legacy Leesburg refers more generally to the Crescent District and some surrounding areas as the "Crescent Area". The Crescent Area provides opportunities to create new mixed-use development that takes advantage of changing demographic and economic trends. However, the Crescent District Master Plan and Zoning, which guide development in this area, are now over 15 years old and recent development interest in the Crescent District warrants an update to ensure that current community values are accurately represented in the Master Plan. Concerns raised about the Crescent District during the development Legacy Leesburg included density, character, and development capacity. This Master Plan update should affirm or change the intent and provide further guidance on how to achieve that intent. The Master Plan should further detail exactly how the Town will achieve the desired development pattern in terms of architecture and form. It should also better quantify development capacity and the impacts new development will have on infrastructure and services related to build-out. Finally, the Master Plan should define the Town's role in redevelopment of the Crescent District and describe any public investments that should be considered. Once the Master Plan is updated, changes to the zoning that implements Legacy Leesburg and the Master Plan will also likely be needed. An update to the Crescent District Master Plan and Zoning should begin with (1) a public engagement process that includes property owners, stakeholders, and the general public and (2) development of a briefing document that summarizes staff concerns, lessons learned, and results of the Form Based Code Institute's recent study of the Crescent District. Specific items to consider during the Master Plan update are shown on the following page. Once these tasks are complete, the Town should determine the scope of changes necessary to the Master Plan and amend the document accordingly. Depending on the desired changes, it may be beneficial to consider consultant resources, particularly to graphically depict the Towns vision. Finally, once the Master Plan is updated, the Zoning Ordinance should be revised to implement the Master Plan. Crescent District Master Plan Update Process and Next Steps East M a r k e t S t r e e t East M a r k e t S t r e e t Catoctin C i r c l e Catoctin C i r c l e So u t h K i n g S t r e e t So u t h K i n g S t r e e t Fort Evan s R o a d Fort Evan s R o a d Leesburg Byp a s s Leesburg Byp a s s 1 Boundaries The Master Plan update should reconsider the boundaries of the Crescent District and determine if additions or deletions should be made. Character Enhancing community character is the cornerstone of Legacy Leesburg. The desired character for the community as a whole is described but it is subjective and the proximity of the Crescent District to the Downtown warrants a refinement of the appropriate character. One question that has been debated over recent years it whether the character of Crescent District should match the character of the Downtown or compliment it. What exactly is complimentary character? 3 Redevelopment Parameters When revisiting the Master Plan, the amounts, types, and locations of new development that may be desired needs to be considered. This analysis might also include the number of new employees and residents that new development will attract. Finally, the form of the development including appropriate building heights and densities, should be described. 4 Development Capacity The capacity of infrastructure, community services, and roadways to accommodate new development is ever changing and should be monitored. Much has changed since the Master Plan was first developed in 2006. An update to the Master Plan should establish a new baseline for development capacity and adjust guidance for new development accordingly. 5 Streetscape Planning The Master Plan update should consider the potential benefits of incorporating Catoctin Circle into the Town’s streetscape plan and development of a comprehensive streetscape plan for this corridor to help define the public realm in the Crescent District. 7 Affordable Housing With the creation of new housing in the Crescent District comes opportunities to create new affordable housing. The Master Plan update should evaluate opportunities for new affordable housing as well as requirements for developers. 8 Fiscal Impacts Redevelopment of the Crescent District will result in fiscal impacts and benefits as the costs of services and sources of revenues change. The Master Plan should be adjusted as necessary to ensure the vision helps the Town achieve its fiscal goals. 9 Implementation Tools There are a wide range of tools that will be used to implement the vision of the Crescent District. Zoning is just one of these tools and there are numerous zoning options that can be considered. The Town currently relies on a hybrid form based code. Future efforts should confirm whether this is still the best zoning tool. 6 Public Investments Public investments in things like streetscape improvements, community facilities, or parking garages are one key way the Town can partner with developers and private property owners to achieve the desired vision. Public investments were not envisioned as part of the 2006 Master Plan. The Town should consider whether new public investments may be appropriate given changes that have taken place since the Master Plan was first developed. 2 139 Item b. 102 Town of Leesburg, Virginia Legacy Leesburg 103 PRINCIPLE 1: TOWN CHARACTER & AUTHENTICITY and strategies for the Town’s existing parking fund. This parking strategy should also consider future transportation needs and the potential for autonomous vehicles and micromobility to affect parking needs. In general, places to enhance will not see significant changes with respect to parking. The Town will remain cognizant of individual parking issues in residential neighborhoods and work to address those issues on a case by case basis. The Town will actively promote shared parking (for example, used primarily by office/innovation uses during the day, housing in the evening). To minimize investment in structured parking facilities that may become redundant within a decade due to increased parking efficiencies associated with connected vehicles and reduced parking requirements associated with shared mobility. The Town will discourage parking facing directly onto the public realm consisting of public streets, public spaces, and pathways and greenways connecting public spaces. If necessary, parking facilities should be lined with housing or active uses facing the public realm. Where existing parking structures do face the street, the Town will encourage or provide incentives for owners to convert the edge facing the public realm to retail or other uses that animate the public realm (for example, in Lakewood CO , a mixed-use development or a former shopping center (Belmar) converted the parking facing a public street into artists work/sell spaces, which today attract thousands of visitors for gallery walks who also patronize nearby by shops and restaurants. The Town will continue to study and explore appropriate parking ratios and will consider implementation of maximum parking requirements. 1.1.5c Reduce Auto Dependence To enhance quality of life, promote a healthy environment, improve ease of movement, and increase affordability, the Town and the development community will work to improve pedestrian and bicycle infrastructure (including bike lanes and bike parking), promote local transit, micromobility, Mobility as a Service, and other mobility options that reduce auto-dependence (See Guiding Principle 4). Strategy 1.1.6 Update Supporting Policy Documents Legacy Leesburg serves as the umbrella document for all other planning and regulatory efforts in the Town. Supporting policy documents and regulatory documents identified in Chapter 2 should be regularly updated to ensure that those documents provide guidance that is consistent with the goals of this Plan and up to date in terms of best practices, trends, and technologies. As a rule of thumb, the Town will strive to ensure documents are updated every 5 years. An update may result in minor changes, a significant overhaul, or anything in between. Strategy 1.1.6a Update the Crescent District Master Plan and Zoning The Crescent Area provides opportunities to replace aging strip retail development with new walkable, mixed-use development that takes advantage of changing demographic and economic trends. However, the Crescent District Master Plan, which guides development in this area, is now over 15 years old. The Master Plan should be updated to ensure that that community values expressed in Legacy Leesburg are also represented in the Master Plan. The Master Plan update process should reconsider the desired character, the amounts and locations of development, density, and infrastructure capacity in light of changes that have taken place since the Master Plan was first drafted. In addition, the process should also consider the potential incorporation of Catoctin Circle into the Town’s streetscape plan, the potential development of a comprehensive streetscape plan for this corridor, and any public investments in the Crescent Area that may be deemed appropriate. While the Master Plan is being updated, the strategies and evaluation criteria in Legacy Leesburg will play an important role in shaping and evaluating any forthcoming land development application. GOAL 1.2 MANAGE GROWTH & CHANGE TO PRESERVE & ENHANCE COMMUNITY Market demand and the investment it generates represents a powerful tool for the Town to continually preserve what the community values about its character and promote positive change that meets constantly emerging needs and aspirations. Strategy 1.2.1 Preserve and Enhance the Historic Core of Leesburg Accommodate appropriately scaled infill development in the Old and Historic District that strengthens its existing historic character. Outside of the Old and Historic District, particularly in the Crescent District, the Town will encourage appropriately scaled and designed redevelopment that builds on the Old and Historic District’s character and contributes to its ability to attract people, jobs, and investment to all of Leesburg. Downtown offers limited, but important appropriately designed opportunities to attract jobs, innovation and investment to Leesburg. E T 140 Item b. Council Meeting Date: June 28, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Black History Mural Proposal Staff Contact: Leah Kosin, Staff Liaison, Commission on Public Art Council Action Requested: Council has requested consideration of a motion to approve the proposed Black History Mural at the time of discussion on this topic. Staff Recommendation: None. Commission Recommendation: None. The Commission on Public Art did not have a quorum at their June 6, 2022 meeting. Fiscal Impact: No funding from the Town is being requested. Work Plan Impact: The project will require minimal staff time from the Department of Public Works and Capital Projects to prepare the walls for the mural art. After the mural is complete, Town maintenance may include some touching up of the mural if needed, and will include painting over the mural at the end of its effective life. Town Plan Impact: The Legacy Leesburg Town Plan makes multiple references to the creation of public art: Section 1.3.1 Seek Out Opportunities to Expand Public Art states that “the Legacy Leesburg planning process identified the community’s strong appreciation for public art. The Town will continue to develop, refine, and follow its Public Art Vision and work with appropriate entities to introduce new art. Consideration will also be given to interactive and digital public art across the Town’s public realm to tell the stories of Leesburg’s diverse communities, promote informal interaction, and provide the Town’s arts community with an active voice for bring.” Section 1.1.1c Identify and Pursue Town Led Preservation and Strengthening Efforts states “Given the range of opportunities, the Town should consider developing an Old and Historic District Preservation and Enhancement Plan…. This Plan could include topics such as: approaches and programs to address maintenance and encourage rehabilitation; support of a non-profit, third-party preservation organization; identifying appropriate locations and/or highlighting historic content for public art in the Historic District.” Finally, Strategy 3.3.3 Create Public Places That Promote a Sense of Community for an Increasingly Diverse Population: Tell everyone’s stories. It is critical to program spaces with public art that tells the diverse stories of people who live in a neighborhood, so everyone feels public space is about them. Executive Summary: On June 6, 2022, the Commission on Public Art (COPA) met for their monthly meeting at Town Hall. All members were with the exception of one were initially in attendance. 141 Item c. Black History Mural June 28, 2022 Page 2 Carmen Felder representing 21 Ways to Give was on the agenda to present an updated Black History mural which she previously presented to COPA on January 10, 2022. At that time, some COPA members expressed their concerns about the mural including a lack of historical reference and certain artistic elements. As such, Ms. Felder was asked to return to COPA once an updated design became available. As the June 6, 2022 meeting was called to order and Ms. Felder was introduced, three COPA members left the meeting. It was assumed that the three members actions were in protest of the revised Black History mural. Due to their absence, there was no longer a quorum at the meeting and the commission was unable to take a formal vote on whether or not to endorse the new mural. Background: Carmen Felder, President of 89 Ways to Give, presented a Black History mural proposal to the Commission on Public Art (COPA) in April 2021. The proposed mural depicted notable figures such as Leonard A. Grimes, Brazil Newman, and Harriet Tubman. Stakeholders included the Loudoun Chapter of the NAACP, Loudoun Museum B, Leesburg Diversity Commission, Black History Committee, Board of Architectural Review, and COPA. The mural is proposed to be painted by local artist Shawn Perkins on the east facing wall of the Loudoun Museum building. The original goal of Ms. Felder was to have the mural completed by June 19, 2021 in time for the Juneteenth holiday celebration. Proposed Legislation: MOTION I move to authorize Carmen Felder to proceed with the proposed Black History Mural project on the east facing wall of the Loudoun Museum building. Draft Motions: 1. I move to approve a Motion to authorize Carmen Felder to proceed with the proposed Black History Mural project on the east facing of the Loudoun Museum building. 2. I move to deny a Motion to authorize Carmen Felder to proceed with the proposed Black History Mural project on the east facing of the Loudoun Museum building. OR 3. I move an alternate motion. Attachment: 1. Revised Mural 2022/03 142 Item c. 143 Item c. Council Meeting Date: June 28, 2022 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Expansion of the Golf Cart Service Area Staff Contact: Calvin Grow, Transportation Engineer, Public Works and Capital Projects Renee M. LaFollette, P.E., Director, Public Works and Capital Projects Chris Spera, Town Attorney Sergeant E. Ryan Martin, Leesburg Police Department Council Action Requested: Conduct a public hearing to consider an expansion of the current golf cart service program in the downtown area. See Attachment #2 for the current area of service. Should Council decide to expand the Golf Cart Service Area, it must designate the additional areas where golf carts would be permitted and post signs on those streets. The area proposed expanded service areas would generally include all of NW with no operation on West Market Street; south on Dry Mill to but not on Catoctin Circle to include Prospect Hills; east on Edwards Ferry to Mayfair to include the shopping center and north to Battlefield Parkway but not on Battlefield Parkway to include a portion of Exeter and the Paxton campus. See Attachment #3. Council may also increase the number of carts a shuttle service may operate. Cartwheels currently operates two carts and is requesting to increase the number of carts to four carts at any one-time. Staff Recommendation: Although preferring to wait for a full year of operation from the COVID- 19 pandemic before considering an expansion, Public Works staff supports the current request as it involves a limited area and a relatively modest number of additional carts in operation. The Leesburg Police Department does not support an expansion of the service area due to public safety concerns. The Leesburg Police Department’s concerns continue to be centered around the fact that the golf carts are not designed to withstand a crash as a motor vehicle would. The Insurance Institute of Highway Safety (IIHS) conducted tests of low-speed vehicles. These tests were completed at 31 Miles Per Hour (MPH) and it demonstrated that in every crash resulted in injuries that were serious or life threatening. See Attachment #4. The Police Department is concerned that by expanding the area of the golf cart footprint, that the Town is increasing the chances that a crash will occur. Commission Recommendation: Not applicable. Fiscal Impact: The existing commercial golf cart Ordinance includes a mandatory permit process for golf cart shuttle services with an annual fee of $500. The expanded service area will require approximately 30 additional signs at a total estimated cost of $2,000. 144 Item a. Expansion of Golf Cart Service Area June 28, 2022 Page 2 Additionally, the operation of a golf cart shuttle service is already included as a personal service occupation for which a Business, Professional, and Occupational License (BPOL) tax is collected. Work Plan Impact: Amendments to the Town Code fall within the ordinary work plan of Town staff. If approved, there will be a minimal impact to the staff workplan to install approximately 30 additional signs in the expanded service areas. Town Plan Impact: None. Executive Summary: On May 23, 2022, Town Council requested a public hearing to amend Town Code Section 22-121, 22-122, and 22-123 to expand the Golf Cart Shuttle Service Area and the number of golf cart shuttles allowed on the street at the same time. The operator of the golf cart shuttle service, Cartwheels, has requested that his area of operation be expanded as shown on the attached map. See Attachment #3. The reasoning behind the request is based on increased calls for service the company is receiving in areas of Town that he was not permitted to operate. Staff from Public Works and Economic Development met several times with Cartwheels to determine the service area that was the most beneficial for the shuttle service and least impactful to traffic operations in Town. The Town Council also requested staff to prepare draft amendments of the Town Code for their consideration related to expanding the service area permitted for the operation of the golf cart shuttles. Background: The Code of Virginia defines “golf cart” as a “self-propelled vehicle that is designed to transport persons playing golf and their equipment on a golf course”. In Virginia, golf carts are prohibited from operating in the public right of way unless a locality enacts an ordinance permitting their use on certain streets. The Leesburg golf cart ordinance was passed in November of 2018 and expanded in October 2019. The current ordinance allows a golf cart shuttle service to operate no more than two carts on Town streets. The current hours of operation are seven days a week from 9:00 a.m. to 12:00 a.m. except for weekdays between 8:00 a.m. to 9:00 a.m. and 5:00 p.m. to 6:00 p.m. which is the busiest hours of vehicle traffic in the downtown. Cartwheels, currently the only permitted cart service provider, has reported that the busiest times for their golf cart shuttle service is Friday and Saturday nights between 6:00 p.m. and 12:00 a.m. Cartwheels has reported an increasing demand for their services on Sunday afternoons between 12:00 p.m. and 7:00 p.m. To date, there have been no crashes involving the golf cart service reported to the Leesburg Police Department, and no summonses have been issued to any of the cart operators. Staff has not observed the golf carts having a negative impact on the flow of traffic in the downtown. The Leesburg Police Department compiled the following 2021 accident list of crashes in the proposed extended golf cart area, as requested by Council at the Work Session discussion: Dry Mill Rd SW / Loudoun St SW – 3 crashes 145 Item a. Expansion of Golf Cart Service Area June 28, 2022 Page 3 Catoctin Cir NE / Edwards Ferry Rd NE – 6 crashes W Market St / Memorial Dr NW – 2 crashes Leesburg Police also collected the accident data within the current footprint of the golf cart area, and those were: South St SE / Harrison St SE – 2 crashes E Market St / N King St – 2 crashes S King St / Fairfax St SE – 2 crashes N King St / North St NE – 2 crashes Wirt St SW / W Market St – 2 crashes The accident data compiled includes calls for service of crashes with injury, property damage, and hit and runs. This was compiled to demonstrate the number of vehicular accidents that occur within the expanded and existing footprint of the golf cart service area. None of the crashes listed above involved one of the golf carts. The following restrictions are included in the existing ordinance to ensure the operation of golf carts in the downtown area does not negatively impact the flow of traffic and operates safely: Pick-up and drop-off of passengers to occur in designated loading and unloading zones, open, on-street parking spaces, Lassiter Way, and public or private parking lots. Golf carts must be equipped with safety equipment such as seat belts, reflectors, warning lights, headlights and taillights, horns, brakes, windshield wipers, and a slow-moving vehicle emblem. Golf carts must have passed an annual safety inspection by a certified inspection station. The Town Manager is able to restrict or prohibit the operation of golf cart shuttle services during Town-sponsored events or during special events when the public streets are closed, when a snow emergency is declared, or during the milling and paving, maintenance, or construction on Town streets. Golf cart shuttle service operators must carry liability insurance and name the Town as an additional insured. Golf cart shuttle service operators must carry the required Town-issued permit in the golf cart. Proposed Legislation: ORDINANCE Amending Town Code Sections 22-121, -122 and -123 regarding the use of Golf Carts on Town Streets 146 Item a. Expansion of Golf Cart Service Area June 28, 2022 Page 4 Draft Motions: 1. I move to approve the proposed Ordinance to increase the golf cart shuttle service areas. 2. I move to deny the proposed Ordinance to increase the golf cart shuttle service area. OR 3. I move an alternate motion. Attachments: 1. Proposed Ordinance 2. Current Golf Cart Service area map 3. Proposed map of Golf Cart Service Area Expansion 4. Insurance Institute of Highway Safety Article 2022/03 147 Item a. PRESENTED: June 28, 2022 ORDINANCE NO. 2022- ADOPTED: ____________ AN ORDINANCE : AMENDING TOWN CODE SECTIONS 22-121, -122 and -123 REGARDING THE USE OF GOLF CARTS ON TOWN STREETS WHEREAS, Town Code Section 32-121, et seq regulates the use of golf carts on the Town’s public streets; and WHEREAS, the Town Council believes it would further the public interest to allow the expansion of the use of golf carts for shuttle services to Leesburg restaurants and businesses within an expanded area from that currently permitted. THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That Section 32-121, -122 and -123 of the Town Code of Leesburg, Virginia, is hereby amended to read as follows: Sec. 32-121. Golf carts. For purposes of this article, the following words and phrases shall have the following meanings ascribed to them: Golf cart means a self-propelled vehicle that is designed to transport persons playing golf and their equipment on a golf course. Golf cart shuttle service means the transporting of passengers on designated public streets, in any public parking lots, and any private parking lots with permission of the owner and in accordance with the provisions of this article. No golf cart shuttle service shall operate more than two four golf carts on town streets. Owner means any individual, corporation or entity which is the owner of a golf cart utilized in a golf cart shuttle service. Operator means any individual who operates a golf cart utilized in a golf cart shuttle service on a town street. Street means public avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto, and all other public thoroughfares in the town, and shall mean the entire width thereof between abutting property lines. 148 Item a. AN ORDINANCE: AMENDING TOWN CODE SECTIONS 32-121, -122 AND -123 REGARDING THE USE OF GOLF CARTS ON TOWN STREETS -2- Sec. 32-122. Designation of public streets in the town for golf cart operation; posting of signs; picking up and dropping off passengers; payment for signage. (a) It shall be unlawful for any person to operate a golf cart on or over any street in the town except when operating a golf cart shuttle service on the following streets demarked in the Town Of Leesburg Golf Cart Shuttle Service Area Map as promulgated by staff and approved by the Town Council. A copy of the current approved map shall be carried in all golf carts operated by a golf cart shuttle service.in accordance with the provisions of this article: (1) South King Street, blocks 0-451 (2) North King Street, blocks 0-200 (3) E. Market Street, blocks 0-300 (4) W. Market Street, blocks 0-200 (5) Loudoun Street SE, blocks 0-300 (6) Loudoun Street SW, blocks 0-300 (7) Royal Street SE, blocks 0-100 (8) Royal Street SW, blocks 0-200 (9) South Street SE, blocks 0-200 (10) Wirt Street SW, blocks 0-300 (11) Church Street SE, blocks 0-300 (12) Church Street NE, blocks 0-200 (13) Harrison Street SE, blocks 0-462 (14) North Street NE, blocks 0-200 (15) Lassiter Alley SW, blocks 0-100 (16) Liberty Street SW, blocks 0-300 (17) Cornwall Street NW, blocks 0-200 (18) North Street NW, blocks 0-200 (19) Wirt Street NW, blocks 0-200 (20) Liberty Street NW, blocks 0-200 (21) Cornwall Street NE, blocks 0-200 (22) Slack Lane NE, Blocks 0-100 (23) Harrison Street NE, blocks 0-200 (24) Edwards Ferry Road NE, blocks 0-300 149 Item a. AN ORDINANCE: AMENDING TOWN CODE SECTIONS 32-121, -122 AND -123 REGARDING THE USE OF GOLF CARTS ON TOWN STREETS -3- (25) South Street NW, blocks 0-100 (26) Old Waterford Road NW, Blocks 0-200 (27) Gibson Street NW, Blocks 0-100 (b) It shall be unlawful to pick up or drop off passengers in any public street other than in: (1) A designated golf cart loading and unloading zone; or (2) An open on street parking space; or (3) A public parking lot: or (4) A private parking lot so long as the owner of the private parking lot has granted permission to the golf cart shuttle service. Sec. 32-123. Limitations. Golf cart shuttle service operations on designated public streets in the town shall be in accordance with the following limitations: (1) No golf cart shall be operated on any street where the posted speed limit is more than 25 miles per hour. (2) No golf cart shall cross an intersection where the street being crossed has a posted speed limit of more than 35 miles per hour. (3) No person shall operate any golf cart on any designated street unless they are in possession of a valid driver's license. (4) No person shall operate a golf cart on any designated street between sunset and sunrise, unless the golf cart is equipped with lights as required in Code of Virginia § 46.2-1010 et seq. (5) No person shall operate a golf cart on any street between the hours of 7:00 a.m. and 9:00 a.m. and between the hours of 5:00 p.m. and 6:00 p.m. (6) No person shall operate a golf cart on any designated street unless it is equipped with the following safety equipment: a. Seat belts for both driver and all passengers; b. Either an unobstructed rear-view mirror and left side mirror, right and left rear view mirror, or a wide angle cross bar rear view mirror; c. Reflectors; d. Whip antenna with a reflective flag mounted on the golf cart with a minimum of six feet in height above the street; e. Flashing or rotating yellow warning light(s) visible 360 degrees; f. Headlights, tail lights and turn signals; g. Horn; h. Adequate steering gear; i. Brakes, emergency or parking brake; 150 Item a. AN ORDINANCE: AMENDING TOWN CODE SECTIONS 32-121, -122 AND -123 REGARDING THE USE OF GOLF CARTS ON TOWN STREETS -4- j. Rubber or equivalent tires; k. Speed governor, if gasoline powered; l. Any and all factory installed safety features or mechanical systems in good working order; m. Slow moving vehicle emblem in conformity with Code of Virginia § 46.2- 1081. n. Windshield wipers. o. A copy of the current Town Of Leesburg Golf Cart Shuttle Service Area Map. (7) The town manager reserves the right to restrict or prohibit the operation of golf cart shuttle services during town-sponsored special events or during other special events when public streets are closed. (8) The town manager reserves the right to restrict or prohibit the operation of golf cart shuttle services when a snow emergency is declared. (9) The town manager reserves the right to restrict or prohibit the operation of golf cart shuttle services during the milling and paving, maintenance of, or construction on town streets. SECTION II. This ordinance shall be in effect upon its passage. PASSED this 28th day of June, 2022. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 151 Item a. DAVISCT S E TOLEESBURGBYP W B H A NCOCK PLNE PLAZA ST NE H E R I TA GE WAY NE CHERRYLN N E L E E S B U R G B Y P P R O SPERITYAVESE CATOCTIN CIR NE DAVIS AVE SW E MARKET STCATOCTIN CIR SE HAU P T SQSE PLAZA ST SE HARRY BYRD HWY WILDMAN ST NE TOLEESBURGBYPEB FOXRIDGE D R S W EDWARDS FERRY RD NE LOUDOUN ST SW W MARKET ST ROCKBRID GEDRSE LIPIZZAN DR SW BANKERDRSW WINGATE PL SW HAR R IS ON S T SE PROSPECT DR SW CHURCH ST SE MAYFAIR DR NE WIRT ST SW WIRT ST NW FIEL D S T O N E DRNE CORNWALL ST NW C RESTWOODST SW O A K C R E S T M A N O R D R NE WASHINGTON ST NE S KING ST ST O N E L E DGEPLN E WOODBERRY RD NE BRIDGETTEPLNE NEWHALL PL SW CATTAIL LN NE C A T O C TI N C I R S W WILSON AVE NW LONGFELL O W D R NE MARSHALL DR NE SOUTH ST SE ROANOKE DR SE LAKE VIEW WAY NW MEMORIALDRNW BELMONTDRSW MONROESTSE O L D W A T E R F O R D R D N W FAIRVIEW ST NW FOXTROTWAYNW LOUDOUN ST SE AP P L E T R E E DR NE QUEEN ST NE ANNE STSW DEERPAT H A V E SW E M A R K E T ST WB NEWINGTONPL NE ASHTON DR SW CLA R KC T N E BIRCH ST NE N ATHAN PLNE AYRLEE AVE NW MORVEN PARK RD NW NORTH ST NE ARIELDRNE W H I T N E Y P L N E FORTEVANSRDSE PRINCE ST NE E M A R K E T S T E BSHENANDOAHSTSE BELLVIEW C T N E LEE AVE SW N KING ST B A T T L E F IE L D P K W Y N E VALLEYVIEWAVE SW A Y RSTNW WAGE DR SW D O D D D R N W DRY MILL RD S W TO W MARKET ST EB SYCOLINRD SE PARKERCTSE MOSBYDRSW PERSHING AVE NW F O R T E V A N S R D N E IDALEEDR N W D R Y H O L L O W R D CLUBHOUSEDRSW £¤15 £¤15 £¤15 ¬«7 ¬«7 ¬«7 ¬«7 IDA LEE PARK ROBINSONPARK Proposed Golf Cart Service Area Town Limit Line Major Road Road Centerlilne Park Area Golf Cart Service Area Building ´ 0 750 1,500375 Feet 152 Item a. DAVISCT S E TOLEESBURGBYP W B H A NCOCK PLNE PLAZA ST NE H E R I TA GE WAY NE CHERRYLN N E L E E S B U R G B Y P P R O SPERITYAVESE CATOCTIN CIR NE DAVIS AVE SW E MARKET STCATOCTIN CIR SE HAU P T SQSE PLAZA ST SE HARRY BYRD HWY WILDMAN ST NE TOLEESBURGBYPEB FOXRIDGE D R S W EDWARDS FERRY RD NE LOUDOUN ST SW W MARKET ST ROCKBRID GEDRSE LIPIZZAN DR SW BANKERDRSW WINGATE PL SW HAR R IS ON S T SE PROSPECT DR SW CHURCH ST SE MAYFAIR DR NE WIRT ST SW WIRT ST NW FIEL D S T O N E DRNE CORNWALL ST NW C RESTWOODST SW O A K C R E S T M A N O R D R NE WASHINGTON ST NE S KING ST ST O N E L E DGEPLN E WOODBERRY RD NE BRIDGETTEPLNE NEWHALL PL SW CATTAIL LN NE C A T O C TI N C I R S W WILSON AVE NW LONGFELL O W D R NE MARSHALL DR NE SOUTH ST SE ROANOKE DR SE LAKE VIEW WAY NW MEMORIALDRNW BELMONTDRSW MONROESTSE O L D W A T E R F O R D R D N W FAIRVIEW ST NW FOXTROTWAYNW LOUDOUN ST SE AP P L E T R E E DR NE QUEEN ST NE ANNE STSW DEERPAT H A V E SW E M A R K E T ST WB NEWINGTONPL NE ASHTON DR SW CLA R KC T N E BIRCH ST NE N ATHAN PLNE AYRLEE AVE NW MORVEN PARK RD NW NORTH ST NE ARIELDRNE W H I T N E Y P L N E FORTEVANSRDSE PRINCE ST NE E M A R K E T S T E BSHENANDOAHSTSE BELLVIEW C T N E LEE AVE SW N KING ST B A T T L E F IE L D P K W Y N E VALLEYVIEWAVE SW A Y RSTNW WAGE DR SW D O D D D R N W DRY MILL RD S W TO W MARKET ST EB SYCOLINRD SE PARKERCTSE MOSBYDRSW PERSHING AVE NW F O R T E V A N S R D N E IDALEEDR N W D R Y H O L L O W R D CLUBHOUSEDRSW £¤15 £¤15 £¤15 ¬«7 ¬«7 ¬«7 ¬«7 IDA LEE PARK ROBINSONPARK Proposed Golf Cart Service Area Town Limit Line Major Road Road Centerlilne Park Area Golf Cart Service Area Building ´ 0 750 1,500375 Feet 153 Item a. 6/21/22, 9:12 AM Low-speed vehicles and minitrucks shouldn't share busy public roads with regular traffic https://www.iihs.org/news/detail/low-speed-vehicles-and-minitrucks-shouldnt-share-busy-public-roads-with-regular-traffic 1/4 Home /News /Selected archive /Low-speed vehicles shouldn't mix with regular traffic Low-speed vehicles and minitrucks shouldn't share busy public roads with regular traffic May 20, 2010 More states are allowing a relatively new breed of vehicle on public roads, but crash tests by the Insurance Institute for Highway Safety show why the mix of low-speed vehicles (LSVs) or minitrucks and regular traffic is a deadly combination. LSVs are designed for tooling around residential neighborhoods, and minitrucks are for hauling cargo off-road. While these vehicles have a lot of appeal as a way to reduce emissions and cut fuel use, they don't have to meet the basic safety standards that cars and pickups do, and they aren't designed to protect their occupants in crashes. "By allowing LSVs and minitrucks on more and more kinds of roads, states are carving out exceptions to 40 years of auto safety regulations that save lives," says David Zuby, the Institute's chief research officer. "It's a troubling trend that flies in the face of the work insurers, automakers, and the federal government have done to reduce crash risk." Practically every state allows LSVs, also called neighborhood electric vehicles, on certain roads, mostly with 35 mph or lower speed limits. Eight years ago just over a dozen states permitted them. Now 46 do. The National Highway Traffic Safety Administration (NHTSA) defines appropriate performance and safety standards but has no say in where LSVs are driven. The same goes for minitrucks, which are legal to operate on some roads in 16 states, even though they weren't designed to meet U.S. safety or emission standards. The trend to grant minitrucks access to regular roads began in 2007 and is growing at a quick pace. "On one hand you have NHTSA saying these vehicles were meant for low-risk, controlled environments or farm use, and on the other hand states are pushing them out onto the highways," Zuby points out. LSVs are essentially souped-up golf carts that were envisioned as a low-cost, eco-friendly way to tool around gated communities in the Sun Belt where they would have little interaction with larger vehicles. NHTSA doesn't require LSVs to have airbags or other safety features beyond belts since they're intended for low-risk driving. Most minitrucks in the United States are used right- hand-drive vehicles imported from Japan, where they can operate on roads as long as they pass inspection every 2 years. Vehicles that fail often end up exported to North America. Also known as Kei-class vehicles, minitrucks are smaller than conventional pickups and weigh about 1,500 pounds. They must be imported with governors to limit speeds to 25 mph or less to be exempt from Clean Air Act provisions but can go much faster. NHTSA in 1998 established safety standards for LSVs to be used on "short trips for shopping, social, and recreational purposes primarily within retirement or other planned communities with golf courses." They must be able to go at least 20 mph but no faster than 25 mph. Basic features are required: headlights, taillights, stoplights, turn signals, reflectors, parking brakes, rearview mirrors, windshields, safety belts, and vehicle identification numbers. Minitrucks weren't an issue when NHTSA wrote LSV rules. The agency in 2006 amended the standards to include vehicles with gross vehicle weight ratings up to 3,000 pounds, and now 4 states require minitrucks to meet LSV standards. Still, NHTSA believes minitrucks should keep off the road. In a July 2009 letter of interpretation, the agency said that because "these vehicles are not manufactured to meet U.S. safety standards, NHTSA cannot endorse their use on public highways." The Energy Department estimates there are 45,000 LSVs on U.S. roads. New LSVs qualify for up to a $2,500 tax credit under the American Recovery and Reinvestment Act of 2009. Many states also offer tax incentives.154 Item a. 6/21/22, 9:12 AM Low-speed vehicles and minitrucks shouldn't share busy public roads with regular traffic https://www.iihs.org/news/detail/low-speed-vehicles-and-minitrucks-shouldnt-share-busy-public-roads-with-regular-traffic 2/4 "Lost amid the talk about so-called sustainable transportation is any regard for the safety of people who ride in LSVs and minitrucks," Zuby says. "We're all for green vehicles that don't trade safety for fuel efficiency." For eco-minded consumers, a better choice for regular traffic is a crashworthy hybrid like the Toyota Prius or another fuel- efficient car. Also worth a look are the Nissan Leaf and Chevrolet Volt, two battery-powered cars slated for delivery later this year. A GEM e2 electric vehicle is struck by a Smart Fortwo in a side test. The GEM dummy had injury measures indicating serious or fatal injury for real occupants in a similar crash. A Changan Tiger Star minitruck shows significant damage after colliding with a Ford Ranger XL pickup in a frontal offset test. In a real crash, a driver in the Tiger would be at risk of serious neck and leg injuries. Crash tests demonstrate risks To show that LSVs and minitrucks are no match for even the smallest of regular cars and pickups, Institute researchers tested two GEM e2 electric vehicles and a Changan Tiger Star minitruck. The GEMs were in side tests, one using a moving deformable barrier and the other using a Smart Fortwo as the striking vehicle. The Smart is the smallest passenger vehicle on U.S. roads that meets crashworthiness standards. The Tiger struck a Ford Ranger XL regular cab pickup in a frontal offset test. The Ranger is one of the least pricey small pickups on the market. It earns an acceptable rating in the Institute's frontal crashworthiness test, the lowest rating in its vehicle class. The test dummies in the GEMs and the Tiger recorded indications of seriously debilitating or fatal injury to drivers in real-world crashes. In contrast, the Smart performed well and the Ranger reasonably so in similar crash tests. "There's a world of difference between vehicles that meet crashworthiness standards and those that don't," Zuby says. "It may be time for Congress to step in to extend federal passenger vehicle safety standards to LSVs or else restrict them to the low-risk traffic environments they were designed to navigate." GEM side tests The first GEM test was a side test in which a moving barrier representing a pickup or SUV crashes into the test vehicle at 31 mph. It's the most demanding test the Institute runs. Dummy measures suggest severe or fatal injury to a real person. In contrast, the Smart's airbags and safety cage protected the dummy from serious injury in an earlier side barrier test. To show that the injury risk isn't only due to the aggressive barrier, a second test was run with a Smart crashing into a stationary GEM at 31 mph. The Smart's front intruded into the GEM's side so much that the belted dummy's head came close to hitting the Smart's windshield. The GEM dummy had injury measures indicating serious or fatal injury for real occupants. 155 Item a. 6/21/22, 9:12 AM Low-speed vehicles and minitrucks shouldn't share busy public roads with regular traffic https://www.iihs.org/news/detail/low-speed-vehicles-and-minitrucks-shouldnt-share-busy-public-roads-with-regular-traffic 3/4 "Watch the test footage, and it's obvious how devastating the side crash is to the GEM. It doesn't resist the crash forces at all," Zuby says. "GEMs and other LSVs weren't designed to protect people in a crash with a microcar like the Smart Fortwo, let alone larger cars, SUVs, and pickups in everyday traffic." People in GEMs are protected by little more than safety belts and thermoplastic body panels. Doors are optional, though the crash-tested models had them. GEM e2 prices start at $7,395. They're made by Chrysler Group Global Electric Motorcars, the largest producer of low-speed electric vehicles. The company notes that its vehicles comply with LSV standards limiting maximum speeds to 25 mph and says customers typically drive GEMs on roads with speeds of 35 mph or less. It "recommends the operation of GEM vehicles within the standards set forth by NHTSA." Frontal test of Tiger The Institute conducted a frontal offset test between a 2008 Tiger Star minitruck going 25 mph and a 2010 Ranger going 35 mph. The Ranger has standard front and side airbags and electronic stability control. The Tiger has safety belts but no airbags. Without airbags, the Tiger driver dummy's head hit the steering wheel hard. Measures indicate the likelihood of serious neck injuries. In contrast, the Ranger dummy emerged unscathed. The Tiger's outdated cab-forward design put the dummy's legs into the crush zone, resulting in severe injuries. The left leg and right foot were trapped by the clutch pedal and intruding structure. It's the kind of damage the Institute routinely saw when it began offset tests in 1995. Unlike most minitrucks, Tiger Trucks are assembled with U.S. and foreign parts in Oklahoma. The company says its vehicles aren't intended for use on public roads and notes that some models meet LSV and emission standards. Minitrucks are fuel- efficient but not necessarily environmentally friendly since their classification as off-road vehicles exempts them from emission requirements. They run on gasoline, diesel, gasoline/ethanol blends, or battery power, depending on the model. Prices typically start at about $7,000-$8,000 and can go much higher. For on-road driving, Zuby recommends consumers bypass minitrucks and spend more on a standard pickup to get crash protection and a vehicle that's OK to drive on all roads. Media contact ✉ Joe Young Director of Media Relations office +1 434 985 9244 mobile +1 504 641 0491 For more information, visit our press room. Get news directly to your inbox Email address Subscribe The Insurance Institute for Highway Safety (IIHS) is an independent, nonprofit scientific and educational organization dedicated to reducing deaths, injuries and property damage from motor vehicle crashes through research and evaluation and through education of consumers, policymakers and safety professionals. The Highway Loss Data Institute (HLDI) shares and supports this mission through scientific studies of insurance data representing the human and economic losses resulting from the ownership and operation of different types of vehicles and by publishing insurance loss results by vehicle make and model. Both organizations are wholly supported by these auto insurers and insurance associations. 156 Item a. 6/21/22, 9:12 AM Low-speed vehicles and minitrucks shouldn't share busy public roads with regular traffic https://www.iihs.org/news/detail/low-speed-vehicles-and-minitrucks-shouldnt-share-busy-public-roads-with-regular-traffic 4/4 ©1996- 2022, Insurance Institute for Highway Safety, Highway Loss Data Institute, 501(c)(3) organizations | Copyright information and privacy policy 157 Item a. COUNCIL ACTIONS CALENDARTentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 06/27/2022 Town Council Work Session DISCUSSION: Approval of Crescent Design District Master Plan Workplan (P)Klusek, Richard DISCUSSION: Dockless Mobility Operations (Scooters)Smith, Carmen INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen 06/28/2022 Town Council Meeting CONSENT: Appointment to the Technology & Communications Commission (Council Member Steinberg) (NP)Boeing, Eileen CONSENT: Approving Encroachment Agreement and Offsite Stormwater Infrastructure Installation Agreement with The Evergreene Compa Smith, Carmen CONSENT: North Apron Paving Rehabilitation - Hangars C&D (NP)Southerland, Danielle CONSENT: Pavement Marking Services Contract Award (NP)Southerland, Danielle MOTION: Removal of COPA Member James Garofalo Boeing, Eileen MOTION: Removal of COPA Member Minu Beijan Boeing, Eileen MOTION: Black History Mural Kosin, Leah MOTION: Proclamation in Recognition of Local Foster Parents Ashley and Richard Harper Alvarez, Corina MOTION: Removal of COPA Member Kareem McCullough Kosin, Leah PUBLIC HEARING: Town Code amendment for golf cart services (P)Smith, Carmen PUBLIC INPUT SESSION: Police Citizen Task Force Report (P)Belote, Tara RESOLUTION: Approval of Crescent Design District Master Plan Workplan (Placeholder) (P)Klusek, Richard RESOLUTION: Special Event Fee Waiver for Fuel Fest Film Screening Trask, Kate 07/11/2022 Town Council Work Session DISCUSSION: Potter’s Field Gravesite (P)Belote, Tara DISCUSSION: Public Art Guidelines regarding non-Town projects Kosin, Leah DISCUSSION: Request for Proclamation Related to Oppression in China Belote, Tara DISCUSSION: Time Capsule for Douglass High School Kosin, Leah INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 07/12/2022 Town Council Meeting CONSENT: Police Station Expansion - Design Task Order Approval to use RK&K for Construction Management (NP)Southerland, Danielle PROCLAMATION: Recognition of Local Foster Parents Ashley and Richard Harper Alvarez, Corina PUBLIC HEARING: Scooter Permit Schellhase, Holland PUBLIC HEARING: TLOA-2021-0006 Outdoor Dining (P)Cicalese, Karen PUBLIC HEARING: TLOA-2022-0011 Signs: Awning and Rear Facade (P)Cicalese, Karen RESOLUTION: Church Street Lease Turney, Elaine RESOLUTION: Approval of Private Property Mural Location and Design Kosin, Leah RESOLUTION: Potter’s Field Gravesite (Placeholder)Belote, Tara RESOLUTION: Private Property Mural Project Kosin, Leah RESOLUTION: Time Capsule for Douglass High School Kosin, Leah 07/25/2022 Town Council Work Session DISCUSSION: Town Facility Security Enhancements and Gun Restrictions (Tentative)Belote, Tara 6/22/202211:56 AM 158 Item a. COUNCIL ACTIONS CALENDARTentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 07/25/2022 Town Council Work Session DISCUSSION: Tree Bank Mitigation Fund Encumbrance and Usage (P)Southerland, Danielle DISCUSSION: Verizon Franchise Agreement – Streaming Services (P)Smith, Carmen INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen INFORMATION MEMO: Battlefield Parkway / Route 15 Bypass Interchange - Design Alternatives Evaluation and Selection (P)Southerland, Danielle 07/26/2022 Town Council Meeting CLOSED SESSION: JLMA Discussion Belote, Tara CONSENT: Award contract for Water Treatment Plant Process Control, Equipment and Instrumentation (NP)McClaughry, Lesley CONSENT: Award Contract for WPCF Structure Rehabilitation (NP)McClaughry, Lesley CONSENT: Contract Award for Asset Management Plan for Utilities (NP)McClaughry, Lesley CONSENT: Town Branch Stream Channel Improvements at Mosby Drive-Catoctin Circle to Morven Park Road (NP)Southerland, Danielle CONSENT: Award Task order for Lawson Rd Route 15 Bypass Watermain Relocation (NP)McClaughry, Lesley CONSENT: Evergreen Mill Road Widening Design Change Order Approval (NP)Southerland, Danielle PUBLIC HEARING: TLOA-2021-0012 Homestay Amendments (P)Cicalese, Karen PUBLIC HEARING: TLOA-2022-0004 Fiscal Impact Analysis(P)Cicalese, Karen RESOLUTION: Battlefield Parkway / Route 15 Bypass Interchange - Design Alternatives Evaluation and Selection (NP)Southerland, Danielle RESOLUTION: Edwards Ferry Sidewalk - Land Acquisition Condemnation Authorization (NP)Southerland, Danielle 08/08/2022 Town Council Work Session DISCUSSION: Liberty Lot Parking Lot Redevelopment - Analysis of Proposals (P)Turney, Elaine DISCUSSION: Affordable Housing Task Force (P)Cicalese, Karen DISCUSSION: Design Standards for Data Centers (P)Cicalese, Karen DISCUSSION: Zoning Classification for Data Centers (P)Cicalese, Karen INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen INFORMATION MEMO: Thomas Balch Library Advisory Commission Annual Report Frye, Mary INFORMATION MEMO: Utilities Semi Annual Plant Update McClaughry, Lesley INFORMATION MEMO: Quarterly Budget Update Schellhase, Holland INFORMATION MEMO: Quarterly Parking Update Schellhase, Holland INFORMATION MEMO: Update on Procurement Policy Revision Andrew, Octavia INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 08/09/2022 Town Council Meeting CONSENT: Award Contract for Sludge Hauling & Disposal Services (NP)McClaughry, Lesley ORDINANCE: Town Code Edits to Chapter 34 (Water and Sewer)Wyks, Amy PROCLAMATION: International Overdose Awareness Day Belote, Tara PROCLAMATION: National Payroll Week Belote, Tara PROCLAMATION: World Suicide Prevention Day Belote, Tara 09/13/2022 Town Council Meeting PROCLAMATION: Childhood Cancer Awareness Month Belote, Tara PROCLAMATION: Constitution Week Belote, Tara PROCLAMATION: National Hispanic Heritage Month Belote, Tara 6/22/202211:56 AM 159 Item a. COUNCIL ACTIONS CALENDARTentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 09/13/2022 Town Council Meeting PROCLAMATION: Relay for Life Belote, Tara RESOLUTION: Approval for Phase I Compass Creek Extension of Services (P)Wyks, Amy RESOLUTION: Police Station Expansion - Construction Contract Award (NP)Southerland, Danielle RESOLUTION: Police Station Expansion - Dewberry Design Change Order Approval for Construction Administration Services (NP)Southerland, Danielle 09/26/2022 Town Council Work Session DISCUSSION: Hybrid Electric Fleet Vehicles (P)Southerland, Danielle DISCUSSION: Intersection of Battlefield Parkway and Catoctin Circle (P)Southerland, Danielle DISCUSSION: Intersection of West Market and Catoctin Circle - Right Turn Lane from Catoctin (P)Southerland, Danielle INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 09/27/2022 Town Council Meeting CONSENT: Award contract for Water Treatment Plant Filter Underdrain and Media Replacement (NP)McClaughry, Lesley CONSENT: Award Contract for WPCF Process Control System (NP)McClaughry, Lesley PROCLAMATION: National Polish American Heritage Month Belote, Tara PROCLAMATIONS: National Arts and Humanities Month Belote, Tara RESOLUTION: Northern Virginia Regional Hazard Mitigation Plan Dame, Joe RESOLUTION: Traffic Study Areas - Award of Contract (P)Southerland, Danielle 10/11/2022 Town Council Meeting: Regular + Work Session INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara 10/24/2022 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 10/25/2022 Town Council Meeting CONSENT: Award Contract for Industrial Coatings Application for Utilities (NP)Wyks, Amy 11/14/2022 Town Council Work Session INFORMATION MEMO- Quarterly Budget Update Schellhase, Holland INFORMATION MEMO- Quarterly Parking Update Schellhase, Holland PLACEHOLDER: Parks and Recreation Advisory Commission Annual Report Eagle, Tabitha 11/15/2022 Town Council Meeting PROCLAMATION: Small Business Saturday Turney, Elaine PROCLAMATION: Diabetes Awareness Month Belote, Tara PROCLAMATION: National Veterans and Military Families Month Belote, Tara 11/28/2022 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 11/29/2022 Town Council Meeting CLOSED SESSION: Town Manager’s Performance Review Belote, Tara CONSENT: Award Contract for Odor & Grease Eliminator (NP)McClaughry, Lesley RESOLUTION: Town Council Meeting Calendar for Year 2023 Boeing, Eileen 12/12/2022 Town Council Work Session INFORMATION MEMO: 2022 Economic Development Commission Annual Report Turney, Elaine INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine 6/22/202211:56 AM 160 Item a. COUNCIL ACTIONS CALENDARTentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 12/13/2022 Town Council Meeting MOTION: Town Manager’s Compensation – Performance Review Belote, Tara 6/22/202211:56 AM 161 Item a.