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HomeMy Public PortalAbout2022_tcmin0712 COUNCIL MEETING July 12, 2022 Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Kari Nacy, Neil Steinberg, and Mayor Kelly Burk. Council Members Absent: Vice Mayor Martinez. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Director of Planning and Zoning James David, Deputy Town Attorney Christine Newton, Land Acquisition Manager Keith Wilson, Parks and Recreation Events and Community Outreach Manager Linda Fountain, Parks and Recreation Events Coordinator Lesley Green and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Bagdasarian. 3. SALUTE TO THE FLAG was led by Council Member Steinberg. 4. ROLL CALL 5. MINUTES a. Work Session Minutes of June 27, 2022 Council Member Bagdasarian and Council Member Nacy were absent at the June 27, 2022, Work Session and abstained from the vote. MOTION2022-130 On a motion by Council Member Steinberg, seconded by Council Member Fox, the minutes of the Work Session of June 27, 2022, were moved for approval. The motion was approved by the following vote: Aye: Cummings, Fox, Steinberg and Mayor Burk Nay: None Vote: 4-0-1-2(Vice Mayor Martinez absent, Bagdasarian and Nacy abstain) b. Regular Session Minutes of June 28, 2022 Council Member Bagdasarian was absent at the June 28, 2022, Council Meeting and abstained from the vote. MOTION2022-131 On a motion by Council Member Fox, seconded by Council Member Nacy, the minutes of the Regular Session of June 28, 2022, were moved for approval. 1 I Page COUNCIL MEETING July 12, 2022 The motion was approved by the following vote: Aye: Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 5-0-1-1 (Vice Mayor Martinez absent, Bagdasarian abstain) 6. ADOPTING THE MEETING AGENDA MOTION2022-132 On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1(Vice Mayor Martinez absent) 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Recognition of Local Foster Parents Ashley and Richard Harper Mayor Burk read and presented the proclamation recognizing Leesburg residents Mr. and Mrs. Richard and Ashley Harper for being named Loudoun County Foster Parents of the Year. Mr. Harper made a few remarks. b. Oppression in China MOTION2022-133 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed: I move to approve the Proclamation Condemning Oppression in China to be proclaimed at the July 12, 2022, Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Vice Martinez absent) Mayor Burk read and presented the proclamation regarding Oppression in China to Ms. Tiny Tang, Ms. Jisan Pae and Ms. Wang Chunyan. Ms. Tang made a few remarks. 111 9. PRESENTATIONS a. Independence Day Parade Patriot Cup Winners —Primal Axe (Pete and Rachel Pao) 2 I Page COUNCIL MEETING July 12, 2022 Mayor Burk presented Mr. and Mrs. Pete and Rachel Pao of Primal Axe with a certificate for being the Patriot Day Cup winners in the 2022 Independence Day Parade. Mr. Pao made a few remarks. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section was opened at 7:16 p.m. Ron Campbell, Fort Macleod Terrace. Spoke to Council regarding his concerns with the process for approving the Black History Mural. Mr. Campbell also commented on the removal of the three COPA members in the process. Mr. Campbell asked Council to reconsider the votes on both topics. Teresa Minchew, W. Market Street. Spoke to Council regarding her concerns with the Black History Mural in the historic downtown. Sharon Virts, N. King Street. Spoke to Council as a representative of the Loudoun Museum and as a resident regarding her concerns with the Black History Mural on the side of the Museum building and the removal of the three COPA members in the process. Ms. Virts asked Council to consider other alternatives to the mural and reconsider their position on removing the COPA members. The Petitioner's Section was closed at 7:24 p.m. 12. APPROVAL OF THE CONSENT AGENDA Council Member Fox requested item 12.d. —Appointment of Kirsten Ponticelli to the Commission on Public Art, item 12.e. —Appointment of Deborah Morbeto to the Commission on Public Art and item 12.f. —Appointment of Huyen MacMichael to the Commission on Public Art be removed for discussion. Prior to the vote Town Manager Kaj Dentler clarified the costs associated with item 12.a. —Police Station Expansion Project—Construction Management and Inspection Services. MOTION2022-134 On a motion by Council Member Steinberg, seconded by Council Member Nacy, the following Consent Agenda was proposed with item 12.d. -Appointment of Kirsten Ponticelli to the Commission on Public, item 12.e. —Appointment of Deborah Morbeto to the Commission on Public Art and item 12.f—Appointment of Huyen MacMichael to the Commission on Public Art removed: a. Police Station Expansion Project—Construction Management and Inspection Services RESOLUTION2022-081 Authorize a Construction Management and Inspections Services Task Order to Rummel, Klepper&Kahl, LLPfor the Police Station Expansion Project in the Amount of$751,146.44 3IPage COUNCIL MEETING July 12, 2022 b. Vacation of Existing Sanitary Sewer and Waterline Easements-Crosstrail Boulevard and Kincaid Boulevard RESOLUTION2022-082 Authorizing the Vacation of Portions of Sanitary Sewer and Waterline Easements Located within Crosstrail Boulevard and Kincaid Boulevard c. Time Capsule for Douglass High School RESOLUTION2022-083 Authorizing Participation in the Douglass High School Commemorative Time Capsule The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1(Vice Mayor Martinez absent) f. Appointment to the Commission on Public Art—Kirsten Ponticelli g. Appointment to the Commission on Public Art—Deborah Morbeto h. Appointment to the Commission on Public Art—Huyen MacMichael Council Member Fox questioned whether the appointments for the three new COPA members should wait until all issues surrounding the Black History Mural were resolved. MOTION2022-135 On a motion by Council Member Steinberg, seconded by Council Member Cummings, the following was proposed: RESOLUTION2022-084 Appointing Kirsten Ponticelli to the Commission on Public Art RESOLUTION2022-085 Appointing Deborah Morbeto to the Commission on Public Art RESOLUTION2022-086 Appointing Huyen MacMichael to the Commission on Public Art The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Steinberg and Mayor Burk Nay: Fox and Nacy Vote: 4-2-1 (Vice Mayor Martinez absent) 13. RESOLUTIONS /ORDINANCES / MOTIONS a. None. 4 I Page COUNCIL MEETING July 12, 2022 14. PUBLIC HEARINGS a. TLOA-2021-0011 Limited Sign Amendments The Public Hearing was opened at 7:28 p.m. Deputy Planning and Zoning Director Brian Boucher gave Council an overview of the proposed amendments to various sections of Zoning Ordinance, Article 15 to: ■ Permit signage on the slope of an awning ■ Establish an additional sign called a secondary wall sign for certain business ■ Permit curbside pick-up signs with corporate information Council and staff discussed the proposed amendments. Public Speakers: There were no speakers wishing to address the public hearing. The public hearing was closed at 7:44 p.m. MOTION On a motion by Council Member Fox, seconded by Council Member Steinberg, the following was proposed: I move to approve Zoning Ordinance Amendment TLOA-2021-0011 revising various sections of TLZO Article 15 Sign Regulations based on the findings that the amendments further the objectives of the Town Plan and that the proposal would serve the public necessity, convenience, general welfare and good zoning practice. ORDINANCE 2022-0-020 Amending Leesburg Zoning Ordinance Article 15 Sign Regulations for the Purpose of Revising Awning, Curbside and Secondary Wall Signs Council and staff discussed the proposed amendments. Council Member Cummings requested a friendly amendment to the motion to remove the amendment for secondary signage; however, the amendment was not accepted by Council Member Steinberg. Council and staff discussed the amendments to the secondary wall signs. Council Member Nacy requested a friendly amendment to the motion for secondary wall signs to remove the last sentence of Secondary Wall Signs, TLZO Sec. 15.8.3.D(3) that states, "The sign must be centered above the rear doorway or near to the side if impeded by windows, lights or other obstructions." The amendment was accepted by Council Member Fox and Council Member Steinberg. The amended motion is as follows. 5 I Page COUNCIL MEETING July 12, 2022 MOTION2022-136 On a motion by Council Member Fox, seconded by Council Member Steinberg, the following was prop osed.• I move to approve Zoning Ordinance Amendment TLOA-2021-0011 revising various sections of TLZO Article 15 Sign Regulations with the removal of the last sentence of proposed amendment Sec. 15.8.3.D(3)that states, "The sign must be centered above the rear doorway or near to the side if impeded by windows, lights or other obstructions,"based on the findings that the amendments further the objectives of the Town Plan and that the proposal would serve the public necessity, convenience,general welfare and good zoning practice ORDINANCE 2022-0-020 Amending Leesburg Zoning Ordinance Article 15 Sign Regulations for the Purpose of Revising Awning, Curbside and Secondary Wall Signs The motion was approved by the following vote: Aye: Bagdasarian, Fox, Nacy, Steinberg and Mayor Burk Nay: Cummings Vote: 5-1-1 (Vice Mayor Martinez absent) During the discussion, Council and staff discussed whether to amend the Zoning Ordinance to allow signage on the slope of an awning. The majority of Council did not support the specific amendment and agreed with the Planning Commission and staff recommendation to deny the amendment. The stated motion above did not clearly communicate Council's intent to deny this particular amendment; therefore, Staff will include a motion on the July 26, 2022, Council meeting agenda for Council to confirm their desire to deny signage on the slope of an awning. 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Fox requested a suspension of the rules to request a letter be sent to Congresswoman Wexton requesting that she meet with the three representatives, Ms. Tiny Tang, Ms. Jisan Pae and Ms. Wang Chunyan to allow them to share information and awareness on the oppression in China. There was no objection to suspending the rules. MOTION2022-137 On a motion by Council Member Fox, seconded by Council Member Nacy, the following was proposed. 6 I Page COUNCIL MEETING July 12, 2022 I move to have the Town Council send a letter to Congressman Wexton's office asking her to meet with Ms. Tiny Tang,Ms. Jisan Pae and Ms. Wang Chunyan to allow them to share information and awareness on the oppression in China. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Vice Mayor Martinez absent) Council Member Fox requested a future Work Session on what the Town can do to support their cause and evaluate if there are any other economic impacts the Town can take to bring attention to their cause. It was the consensus of Council to add this to a future Work Session for discussion. 18. MAYOR DISCLOSURES AND COMMENTS /ADDITIONS TO FUTURE MEETINGS Mayor Burk thanked Mr. Asa Rusk for giving her and Visit Loudoun CEO Beth Erickson a tour of the new golf cart routes. Mayor Burk thanked the Town Staff for another fabulous Fourth of July parade and fireworks show. Mayor Burk thanked Ms. Amy Bobcheck and her daughter Julia for giving her and Council Members Steinberg and Cummings a fantastic tour of the Town's public art. Mayor Burk welcomed Rebellion restaurant and bar to Leesburg. Mayor Burk welcomed Treks Bike to the Village at Leesburg. Mayor Burk stated she was disappointed by some of the individuals that have been fighting the Black History Mural and shared her comments on the subject. Mayor Burk thanked all of the businesses that welcomed her to their establishments to host a Meet the Mayor event. 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION b. None. 21. ADJOURNMENT On a motion by Council Member Bagdasari an, seconded by Council Member Fox, the meeting was adjourned at 8:04 p.m. Ke Bur ayor Town of Leesburg ATTEST: 36Q Clerkshe"s' of Council 2022_tanin0712 7 I Page July 12,2022—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.Ieesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk: Good evening, everyone. I would like to call to order the Town Council meeting of July 12th, 2022. If anyone in the room needs hearing assistance, please see the Clerk. Tonight, the invocation will be given by Council Member Bagdasarian followed by the Pledge of Allegiance being led by Council Member Steinberg. Council Member Bagdasarian? Council Member Ara Bagdasarian: Yes. Thank you. Heavenly Father, we are thankful to gather this evening to discuss matters of importance to our community. We ask for clarity in our judgment and decision-making. We ask for civility and empathy in our deliberation. Let's work together to constructively build a better Leesburg for our citizens today and for the future. We ask all of this in your name.Amen. Mayor Burk: Thank you. Mr. Steinberg? Council Member Neil Steinberg: [Pledge of Allegiance]. Mayor Burk: All right, let the record show that all Members of Council are present, with the exception of Council Member Martinez, who will not be here tonight and nobody is going to be doing it remotely. That takes us to the minutes. I have one Work Session minutes of June 27th,2022. Do I have a motion? So moved by Council Member Steinberg.Second?Seconded by Council Member Fox.Council Member Bagdasarian and Council Member Nacy were absent, so you will abstain.All in favor indicate by saying, "Aye." Members:Aye. Mayor Burk: Opposed? [silence] Mayor Burk: That passes 4-0, 1-2. Next one is the regular session minutes of June 28th. Council Member Bagdasarian was absent for that one. Do I have a motion?So moved by Council Member Fox. Second? Council Member Kari Nacy: Second. Mayor Burk: Seconded by Council Member Nacy.All in favor indicate by saying, "Aye." Council Members:Aye. Mayor Burk: Opposed? [silence] Mayor Burk: Abstained. Okay, all right, so that's 5-0, 1-1. Adopting the meeting agenda, do I have a motion? So moved by Council Member Steinberg. Second? Council Member Bagdasarian: Second. Mayor Burk: Seconded by Council Member Bagdasarian. Is there anything anybody wants added or deleted? [silence] Page 1 I July 12, 2022 Mayor Burk:All right, all in favor please say, "Aye." • Members:Aye. Mayor Burk: Opposed? That is 6-0, 1. We have no certificates, but we do have a couple of proclamations for tonight. The first one is for the local recognizing of the foster parents Ashley and Richard Harper. I will read this at this point. This is a proclamation for the recognition of foster parents Ashley and Richard Harper. Whereas foster care is essential as it provides a secure environment for the child who is separated from parents or relatives. Whereas separation from parents and relatives is something necessary to avoid continued abuse, neglect, abandonment, or instances of endangering a child's well-being. Whereas the foster parent provides a safe haven for children that are scared and angry and confused. Whereas a child in foster care ranges in age from birth to 21 years. Whereas, foster parents provide a safe haven for children in crisis by helping them develop a sense of belonging in the foster home. Whereas,foster parents welcome into their homes children of all ethnicities, religions,gender identities, and cultures. 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 the 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 in our community over the past 7 years. Proclaimed this 12th day of July 2022. We will go down and present that. The next one is a proclamation that I need a motion for, and this is for a proclamation Condemning Oppression in China. This is whereas Falun Gong, a spiritual practice involving meditative exercises centered on the virtues of truthfulness, compassion and tolerance became immensely popular in the People's Republic of China during the 1990s. Whereas the Chinese Communist Party began prosecuting practitioners of Falun Gong in 1999 by detaining them in labor camps, detention centers, and prisons where they tortured and abuse was routine. Whereas, Falun Gong prisoners are reported to receive the longest sentences and the worst treatment, including mental and physical torture, and are subjected to the unethical practice of non-consenting organ harvesting. Whereas voluntary and informed consent is the precondition for ethical organ donations in international media organizations state that prisoners are deprived of their freedom are not in a position to give consent, and that the practice of sourcing organs from prisoners is a violation of ethical guidelines in medicine. Whereas the Town of Leesburg's proximity to Dulles International Airport, which provides international flights to and from China presents a real opportunity for the unethical practice that occurs in this area and whereas the Virginia House of Delegates, along with 27 counties, cities, and towns in Virginia have passed resolutions or issued proclamations condemning the persecution of Falun Gong in the practice of state sanctioned organ harvesting from the practitioners of Falun Gong and other prisoners of conscience in China. Whereas Leesburg residents should be fully informed of the organ source before they make the decision to engage in the organ transplant tourism in China and that the Leesburg Town Council desires to assist in raising that awareness. Therefore, proclaimed the Mayor and the Council of the Town of Leesburg condemn the Chinese government's regime of persecution of the Falun Gong and of harvesting organs from prisoners of conscience in China. Proclaimed this 21 st day of July 2022. Do I have a motion? Council Member Steinberg: Madam Mayor, I'd like to make a motion, please. Mayor Burk: Okay, motion by Council Member Steinberg, seconded by Council Member Fox. All in favor indicate by saying, "Aye." Members:Aye. Mayor Burk: Opposed? That passes 6-0-1. All right, we are going to give these two proclamations. Council Member Fox, would you like to join me for the foster parent's proclamation? All right, Ashley and Richard Harper. Hello, how are you all today? Page 2 I July 12, 2022 Thank you very much for coming and joining us.[laughs]It is truly wonderful that we're here to recognize you.Your selfless dedication to children is just truly inspiring and we really appreciate what you're doing and that you're continuing to do it and the difference you've made in so many children's lives. I'm going to ask Council Member Fox if she'd like to say a few words and then I was going to ask if you would like to say a few words. Council Member Suzanne Fox: Well, it is actually my privilege and honor to be able to convey the Council's profound appreciation for what you do in our community.We are exceptionally happy to have folks in our community who care as much as you do, and who give of yourself. I've known you guys for a while and I know how long you've been doing this and how committed you are to helping those who are in need. Thank you from all of us. We appreciate and respect you. Thank you so much. Mayor Burk:Would you like to say a few words? [laughs] Richard Harper: We've been doing this for about seven, almost eight years. It's been a roller coaster ride but I always say we get more out of it probably than the kids do. We get to experience lots of different situations, we get to meet so many different people, and seeing the strength of those that we get to meet is just giving me hope in humanity.We really truly benefit from this. Mayor Burk: Thank you very much and really,we appreciate it. Thank you. [applause] All right, ladies,Tiny, I'd like you to come on up. Now,you came to us the other day to explain this whole situation and what was happening over in China in regard to the organ transplants.We truly appreciate the fact that you brought it to our attention. We noticed that Loudoun County has also done a proclamation as has the State and many other localities. We hope we're not the last but we most certainly want to make sure that we're helping to educate the public. Would you like to say a few words about what this issue is all about? Tiny Tang:Yes. Because language problem. Please. Thank you, Mayor.Thank you, Council Member. Please accept my deepest gratitude for approving the proclamation that condemns the brutal persecution of Falun Gong by the Chinese communist regime and the inhuman practice of harvesting organs from prisoners of conscience in China. Your action is particularly meaningful because next week, July 20, we are marked 23 years since the Chinese Communist Party began the wicked campaign of surveillance, harassment, arrest, imprisonment,torture, and executing of Falun Gong practitioners whose only wish is to practice the faith of truthfulness, compassion, and tolerance. We believe that your courage will bring blessings to you and the residents of Leesburg. May peace and prosperity be the fruit of your compassion. Thank you for your kind of support of human rights and religious liberty.Thank you very much. Mayor Burk: Thank you all very much. Absolutely, thank you, but I do want to make sure everybody understands one of the issues that you want to bring forward is the fact that people from here go to China because they can get organ transplants much quicker over there.A lot of times those organs are from prisoners who have not given consent. Some of them have passed away. Tiny Tang: Yes. According to Chinese culture, not because of surface. Chinese people don't want to donate to the organ because we believe even people die should keep their body complete. That's why before Chinese people, very few organ transplants. Since the persecution of Falun Gong happened 23 years ago, suddenly increased. My investigation is from mostly different Falun Gong practitioners, but American people then didn't realize. Because in America you need to wait a few years for vital organs, but in China only a few weeks, even a few days, even can make a schedule for your organ transplant. That's very serious. We even know many American people went there. Yes, so we hope to raise awareness about it.Thank you so much. Mayor Burk: Thank you, and we appreciate you coming and informing us. Good luck. [applause] Page 3 I July 12, 2022 Thank you very much. I got to go get it. Now we're going to do the presentation for the Independence Day Parade Patriot Cup winner. That's a Primal Axe, right? I saw them earlier. There they are. I need you to come up. This is your recognition that you are a Patriot winner that your float at the parade was the best. It wasn't just one of the best. It was the best. Your name is engraved here, and we will put it in the window back over there so that people that come up here can see who was the last winner of the Patriot Cup. It was most certainly very unique. Would you tell us what it was about? Pete Pao: Sure. Our trailer, our new business,which is a mobile axe business called Primal Axe,we're based here in Loudoun County. We want to do a lot of stuff with the community. Getting this really means a lot to us because we live here, we work here, we do business here. Our friends are here, our family, our kids go to school here, so having this from Leesburg and community means a lot. Mayor Burk: Great, having you participate meant a lot to all of us. On behalf of the Council, we want to say thank you very much, and we're looking forward to next year. I'm sure it'll be even more wild. Pete Pao: Oh, yes. Mayor Burk: [laughs] Okay,thank you. [laughs] [applause] All right, regional reports, anybody have any regional report at this time? All right, petitioners. The petitioner section, one of the first orders of business is to hear from the public.All members of the public are welcome to address the Council on any item, matter or issue. Please identify yourself and if comfortable doing so, give your address for the taped record. 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 also ask that you observe the three-minute time limit. The green light on the timer will turn yellow when you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time is expired. Under the rules of orders adopted by this Council,the time limit applies to all.The first person we have to speak tonight is Ron Campbell followed by Teresa Minchew. [silence] Ron Campbell: Good evening. Ron Campbell, R-O-N C-A-M-P-B-E-L-L. Mayor Burk: Thank you. Ron Campbell: 812 Fort Macleod Ter NE, Leesburg, Virginia. I would also like to start by requesting five minutes as I'm speaking on behalf of a group or organization and I believe that is. Mayor Burk: That does not apply to the petitioner section. I'm sorry. Ron Campbell:Okay,good. I have tonight many people watching[unintelligible].org petition basically protesting the actions of this Council on June 28t1. Now petition spoke to objections to the approval process for the mural, as well as the mural itself, as well as being placed on the historic building, as well as the removal of three commissioners. I think that has been well stated and we've decided not to be silent and to take our protests far and wide. We do have national and I dare say international attention this evening. I also wrote a letter of complaint to the Town Attorney who also acts as your parliamentarian about what I thought were violations of the ethics conduct and decorum policy, and three things in particular that this Council did not act in the public interest by having a no process for this unsolicited proposal did a disservice to this community which has been well documented and agreed to by members of this Council. If you're supposed to act in the best good interest of the public,that no process did not deliver that.The second I believe is your conduct of members. I believe during the process to remove three members that you insulted and embarrassed in particular Vice Mayor Martinez in acting out of order manner actually asked for a member of the public to speak and as a matter of decorum on the dais, we do not Page 4 I July 12, 2022 engage in individual conversations with members, but call out one member in particular also did not afford due process to the other two. They all should have been given the same opportunity.Then the final is a conflict of interest and,Council Member Cummings, you did not disclose the position of your wife as chair, as well as to consider that you might have recused yourself from voting. To that, I ask for the actions that the vote, the action of this Council on June 28th to approve this mural as well as to oust the three members from the commission be rescinded that that vote is null and void. The second and the most important, I think as we move forward as a community wanting to celebrate and certainly recognize African American history is to start again. Start a new process. I heard you talk about a process last night, but let's get a process in place that actually involves the community as we move forward. Hopefully, you will consider rescinding that vote. Mayor Burk: Thank you, Mr. Campbell. Ms. Minchew. [silence] Teresa Minchew: Hello, everyone. Teresa Minchew, 330 West Market Street, Leesburg.You all know I don't like to see you from this side of the dais. I'm much more comfortable on participating in the boards and commissions you've appointed me to over the years from your side. I'll be brief. I'm here about the mural. I am not here as a member of the Board of Architectural Review or any other board of commission. I'm here as a citizen. I just want to urge you to reconsider your vote and to take the opportunity to do it because I think you all mean well and can do better. I think the process was opaque and confused at the very least. I think that major stakeholders are upset and feel unheard. The museum,the Black History Committee. I'm not speaking about the location. I'm not speaking about any concerns I might have about where it is. I just think you have an opportunity to revisit it and to apply the standards that you apply to every other piece of art that we accept into the Town and I appreciate your consideration.Thank you. Mayor Burk: Thank you, Ms. Minchew. Is there anybody in the audience that would speak that didn't sign up? Ms. Virts?That's fine. Please come to the podium. Sharon Virts: I'm Sharon Virts, V as in Victor-l-R-T-S, 210 North King Street. At first I'd like to make a statement on the behalf of the Loudon Museum,then I'd like to make a statement on myself individually. Loudoun Museum has been consistent in our opposition to any mural painted on the museum's building. An historic structure made from old brick molded by enslaved hands.At the same time,we understand and support the need to celebrate Loudoun's rich Black history. To this end, we've suggested and offered support for numerous options highlighting these achievements, including support for digital and other non-permanent murals. With the Council's vote to approve a Black History Mural on our building's east wall, we continue to defer to the Black History Committee on the mural's content and to COPA on its design.Our expectation is that any mural painted on the building will be historically accurate so that we can continue to successfully execute our mission to preserve and interpret the history of Loudoun County. Anything less is a disservice to the legacy of those who dared greatly to make a difference in the lives of so many in Loudoun's black community. Now I'd take my museum hat off for a minute and address the Council from a personal perspective. My Loudoun-based business, which was headquartered in the Town of Leesburg for many, many years, employed over 5,000 employees in 43 states throughout this great country of ours when I sold it and retired as its Chief Executive and its Chair of its Board. I have served as the Chairman of Loudoun's Economic Development Commission and as Vice Chairman of Virginia's Growth and Opportunity Council representing the Northern Virginia area. I have held board, trustee, and officer positions in numerous Loudoun nonprofit and community organizations to include the (nova Loudoun Hospital Board. I am recognized as a leader in this community and I am disheartened by this Council's action in firing three members of the Commission on Public Art who refused to be railroaded into a vote without Page 5 I July 12, 2022 appropriate discussion and consideration. I know how hard it is firsthand to encourage young people to serve on boards and public commissions.What kind of message are we sending to the next generation of would-be community leaders when they see that if they speak up and voice opinion that is different than that of the machine and they in effect can be and most likely will be dismissed. That their voices don't matter. If you want to serve, be a rubber stamp for what the majority wants or risk a public shaming, is that what we've become? Exactly one year ago today on July 12th, 2021 nearly 60 elected officials fled from the state of Texas to Washington DC to deny the majority of legislature a quorum.Their purpose was to stall the passage of a bill on voting rights. Some of you on the dais might have applauded that action at that time, but call it the same thing happened here and I'm really upset about it. I think we need to rethink our decision on the COPA members. Mayor Burk: Thank you, Ms. Virts, appreciate it. Is there anybody else in the audience that wishes to speak at this point? Then I will close the petitioner section and that takes us to the consent agenda. The consent agenda consists of 12 A, Police Station Expansion Project, Construction Management and Inspection Services, B, the Vacation of Existing Sanitary Sewer and Waterline Easement Crosstrails Boulevard and Kincaid Boulevard, C, Time Capsule for Douglass High School, D, Appointment to the Commission on Public Art of Kristen Ponticelli, E, the Appointment to Commission on Public Art of Deborah Morbeto, and F, the Appointment to the Commission on Public Art of Huyen MacMichael. Is there anything anybody wishes to remove at this point? Council Member Fox: Yes, 12 D, E and F. I'd like to remove those three. Mayor Burk:All right, anybody else?Yes, sir. Kaj Dentler: Madam Mayor, for the record I do need to make one clarification on 12 A. I did speak to two of you today and I want to make sure that you have the correct information. I did learn tonight from staff that staff estimates to spend no more than $5,000 of the $751,000 contract for Construction Management Inspection Services. Earlier today I told two of you they would be spending no money if the ultimate construction contract is not awarded by Council in September. It's important for me for the record to correct that the staff estimate is they will not spend more than $5,000 of that and that is to help them analyze the bids that will come in in mid-August. They need that expertise as well. Even though it's a small amount I did tell you something differently today. I wanted to correct that on the dais. Mayor Burk:Thank you.All right,is there a motion to accept 12 A, B and C?Council Member Steinberg. Second? Council Member Nacy: Second. Mayor Burk: Council Member Nacy. All in favor indicate by saying, "Aye." Opposed? That is 6-0-1. Appointment to the Commission on Public Art of Kristen Ponticelli? Council Member Fox: I just wanted to speak to actually all three of them.After what we heard, I don't know if this is the point to appoint people. I think rescinding some of the removal of the members, the commissioners should be considered by us before we go to installing other members. Mayor Burk: Do I have a motion to appoint Kristen Ponticelli, Deborah Morbeto and Huyen MacMichael?Council Member Steinberg. Second?Council Member Cummings.All in favor indicate by saying, "Aye." Opposed? That is 4-2-1. That takes us to a public hearing. Let me get to my right place in the public hearing. I call to order this July 12th,2022 public hearing of Leesburg Town Council. Unless there's an objection I will dispense with the reading of the advertisement. If you wish to speak,we ask that you either sign up on the sheet in the hallway outside of the Council Chamber but if you did not get the opportunity to sign up we will give you an opportunity to speak. In the interest of fairness we also ask that you observe the five minute time limit. The green light in front of you will turn yellow at the end of four minutes indicating that you have one minute remaining.At that time we would appreciate your summing up and yielding in the floor when the bell indicates your time is expired. Under the rules of order as adopted by this Council the five minute time limit applies to all citizens. Page 6 I July 12, 2022 However, rather than have numerous citizens present remarks on behalf of a group, the Council will allow a spokesperson for a group a few extra minutes. In that instance we would ask speakers when they sign up to indicate their status as a spokesperson, the group they represent and their request for additional time. Our procedure for the public hearing is as follows. First there's a brief presentation by staff about the item before us, then members of the public that have signed up to speak will be called and given five minutes to make their comments. The public hearing item on the agenda for tonight is TLOA-2021-0011 Limited Sign Amendments.You have a beard now. [laughs] Brian Boucher: I do. It's because I'm just trying to show you how old and wise I am and it's because the drain field isn't working at my house and we conserve water.This is one of the sacrifices I'm making. Having informed you of all that you didn't care about this is an ordinance amendment that was initiated some time ago and it's really seeking to do three things, at least to consider revising three sections in our sign ordinance.One of the things that was initiated was to permit signage on the slope of an awning. The second was establish an additional sign called a secondary wall sign for certain businesses under certain circumstances. The third was permit curbside pickup signs to have corporate information. On May 19th, 2022, the Planning Commission recommended approval of the proposed secondary wall sign and the curbside pickup sign by seven to nothing. What you had is we presented them with three amendments. They recommended approval of two. What they did not recommend approval of is the one that would put signs on the slopes of awnings. I'll let you know. Staff also made those recommendations to them in the staff report two for three. Little background, back in November of last year, these three to consider these potential changes was initiated by Council. I'll take them one at a time first.The awning signs. If you take a look here the existing rule is signage is allowed on an awning on the balance,the flap, but not on the slope.You get a picture of something that would be allowed and then the two below would not be allowed.We did propose some language. It was pretty simple how you could allow this. We froze that and that's there and it didn't get approved. From an analysis I'll tell you why I think not. First, awing slope signs are permitted. You have some jurisdictions allow them but they've not been traditionally found in Leesburg.When I say not traditionally found they haven't been allowed for the last 100-plus years. The purpose of our sign regulations,you want to have adequate signage and also there are other things that you want to achieve. You want to make sure the signage is right in the context and that they maintain public safety, et cetera.There's thought here that this type of sign wasn't exactly necessary in Leesburg today, because it's really motivated more at motor vehicle traffic than it is pedestrian traffic [unintelligible] downtown. Also, there's other technological avenues available to people today. Signage, it isn't just the sign on the building. Now to find a place you can use some other things. I'll show you where this came from. The BAR has relied on this prohibition forever to prohibit signs on slopes on awnings in the H1. If you look at these two pictures, one is from the early '40s and the other one is from around 1960. You see there are a lot of awnings there. Some have signage on the flap, but none of them have signage on the actual slope of the awning itself. Again, the idea is a lot of these people are walking down the street. You can look across. If motor vehicles are driving, looking at a sign that's on the slope, it has always been traditionally thought that's a little harder to read and maybe a little too diverting. They just haven't been here. The BAR also submitted something after your staff report went out that gave a rationale from their standpoint of why this particular type of sign shouldn't be allowed in Leesburg. Again, they went to tradition, they went to they thought the standpoint of it, perhaps it was too distracting. All three, staff, Planning Commission and BAR all recommended against this particular sign. Now, I'm going to go to the second sign that was considered. It was a secondary wall side. Our rule is you get two signs per business. There are ways you can get around that comprehensive sign plan. You can be the historic district get more. Generally, you get two. The concern was that some businesses just because of the way they're oriented, they'll face a public street, they'll put their signage on a public street, but when you come around the back of the building, there's no sign, there's nothing on the door. Nothing indicates what business is this. I'll give you an example. If you look at the two pictures there,you all know where Panda Express is, Potbelly, et cetera Page 7 I July 12, 2022 in Battlefield Shopping Center. If you look at the building, the ones that everybody puts their signs on front, but when you're driving in the shopping center and you're going by it to get to Chick-fil-A or something and you look,there's no signage on the back of that building. There's doors,there's service doors, but there's no signage. The thought was go ahead and give what we'll call a secondary wall sign under certain circumstances. To sum it up, it's really this. If you have a business that's got a door on the back,that actually uses a door on the back that people can get in and out of and it could be just service, but you allow them to have one sign on this rear facade, put it over the door, if that's most convenient. If there's lighting and other things in the way, you can put it on the side of the building. The point is to indicate what business it is from the back. Mainly for service personnel and also for people just trying to find the business when they're they're coming around. Limited to 12 square feet in one sign. The Planning Commission looking at this, actually staff had said if you were on an interior travel way, a vehicular travel, but the Planning Commission said why not give it to businesses,whether it's an interior travel way if they backup to a public street, as long as they have a door on the back, or even if it's a walkway behind, do it. Staff didn't disagree with that.That's actually the language that's here. Basically, quite a few businesses in Leesburg could obtain this sign if it were allowed. Again, it would be in addition to the other two signs. Technically called a third sign but it is limited in size and location on what would essentially be the rear of the building. Again,just showing you here that's the actual building I was talking about that has the Panda Express, Potbelly et cetera. When you go by it, that's what you look at. The idea was they could put these 12- square foot signs over the door to indicate that's the unit.The other is just indicating downtown Leesburg Historic District. BAR has approved a lot of these when buildings have a front and rear entrance. The final third one is something that really cropped up a lot during the pandemic. That's these pickup signs, curbside pickup signs. People who couldn't go inside. Hey, you can come and pick up your food. It's also now extended to merchandise. You see a lot of shopping centers have it. They were being put up. We allow a thing called a minor sign. Two square foot sign. You can do it by right to indicate something like parking, et cetera. People were doing it here. We said, that's fine, but then some people said, can we just indicate logos on the sign that this is ours, this is our space. That was what was initiated. Staff thinks it's a good idea. What you can see there is the one that would be allowed today is curbside pickup. The one that isn't allowed is that you see Chick-fil-A that has one that says--that wouldn't be allowed because of the corporate information. If you adopted this amendment, that would be allowed, so that's just the language of it, and what we said the corporate language take up half the sign, no more than that. We just didn't want a big logo with a little thing, say about half. I don't think you need any of that. Their approval criteria, whenever you all are looking at ordinance amendments, and that's you've got to consider whether the proposal's consistent with the Town Plan and stated purposes of the Zoning Ordinance. Staff thought that two of these were, the Planning Commission thought that two of these were. The one that we did not recommend approval for, either at the staff level, at the planning commission level or advice given by the BAR was the sign on awnings, and with that being said, I'll certainly try to answer any questions you all may have. Mayor Burk: Thank you. I have to ask are you, obviously, a Chick-fil-A fan? [laughs] Since your reference kept going back to the-- Brian Boucher: That had nothing to do with the pictures. This is no attempt to advertise for anybody. Mayor Burk: Oh, okay, all right. Just wondered if you were trying to be subtle there. Brian Boucher: Convenient signs on the internet. What can I tell you? Mayor Burk: Could you explain to me how big a 12-foot sign would be? Brian Boucher: 3 feet by 4 feet. Mayor Burk: 12 square feet, yes. Page 8 I July 12, 2022 Brian Boucher: Or it could be 6 feet by 2 feet. We would just say as long as it totals no more than 12 square feet. Mayor Burk: Okay. There was another question I had, but it slipped through my mind. Ms. Nacy, do you have any questions? Council Member Nacy:Thank you. Actually,what you asked about 12 square feet was on my list and then I was just going to make the comment that I wholeheartedly agree with the awning thing to avoid sign and word potion and just the overall look, but yes, otherwise, it all makes sense. Thank you. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian:Yes. I like the beard by the way. Brian Boucher: Oh. [chuckles] Council Member Bagdasarian: I just shaved. Had I known. How frequently do we have requests for signage on the incline, actually printing on the incline of the awnings? Brian Boucher: Say that again. Excuse me. Council Member Bagdasarian: How frequently do we have requests for the incline? Brian Boucher:Actually,this came to us two ways.One,a business that's no longer operating actually put them on before coming to the Town and asking. and that was outside of the H1.Then there was a second group that actually in the Historic District that ordered an awning with their information on the slope before they came to staff to find out what the regulations were. Those were the two. No one appeared at the public hearing for the Planning Commission and I see tonight we haven't had any speakers, at least yet, on this issue. Council Member Bagdasarian: What does happen as far as enforcement of a business that does order and install an awning with the printing on the slope? Brian Boucher: If they did that, we would move against them as a zoning action. The only thing we learned in zoning, a lot of people will do things and then ask for forgiveness.A good way to get around the rules sometimes, but in a case like this, we would enforce the rules. One other thing, even if slips and awnings were allowed in the Historic District, remember the BAR has the authority to say it's inappropriate in a particular case. Council Member Bagdasarian:All right. Thank you. Mayor Burk: Ms. Fox? Council Member Fox: Thank you. Just one quick question. Why did we not allow for corporate logos before on signs? Brian Boucher: Oh, yes, well, it's a good question. It seems silly, but I think the idea was if you put corporate information,then we're counting that as one of your two signs.You know these two signs that every business gets? It can be much larger, and so the idea was if you put corporate information on it, we're going to count that, because the way we defined minor sign, it pretty much does that. This is something that you all requested to be fixed and I think we agree it needed to be fixed. Council Member Fox: When you do the suggested motions, I agree with the writing on the faces, the slopes. I agree with that, but that's not for approval. We'd have to approve two and deny one, correct? Brian Boucher: Yes, I knew I would confuse you doing this and I apologize in advance. We had three different amendments that were initiated, and so what we did,we put them all in the draft ordinance. If you look at the approval there, if you did not agree with slopes on awnings and wanted to delete it,that motion would have to be amended to delete that portion of the draft ordinance. Page 9 I July 12, 2022 Council Member Fox: Okay. Mayor Burk: Mr. Steinberg? Council Member Steinberg: Thanks. First, I want to commend Brian on his somewhat biblical level sound effects in the course of his presentation.That really added to the ambience of such a magnificent subject. I have no issues with the suggested motion. I think it makes perfect sense related to the awnings and also to provide some information on the backs of the buildings for potential customers. Thanks. Mayor Burk: Mr. Cummings? Council Member Zach Cummings: Yes, thanks. Do we have different signage rules for the Historic District and then businesses outside of the Historic District? Brian Boucher: Yes,we do. We do. Council Member Cummings: Okay. I guess my question would be what is the reasoning then that was given at the Planning or Commission or the BAR or staff to not allow signage on slopes of awnings outside the Historic District but to preserve the look and feel of Historic Downtown Leesburg. I totally understand not having printing on the slope of the awning. Brian Boucher:Well,we have other districts that are also regulatory when it comes to architecture and signage like the Gateway Overlay District.The thought was to be consistent in the Town. I think, again, some believe that if the signs are close to road, it can be a bit distracting just because they're a little hard to read if they're on a slope,or could potentially be in brings the eye up farther away from the road. The thought was to just-- we thought we had enough sign options out there that this one wasn't particularly necessary. It would maintain the traditional look because this lack of signs on the slopes of awnings has been throughout the Town in its history so far. Council Member Cummings: Okay. You had mentioned in your comments that there's a way-- Right now, you're capped at two signs on your business, but there's a way to get more than two signs? Brian Boucher:Yes. Council Member Cummings: Can you walk me through how a business could do that? Brian Boucher: A couple of ways. Certainly, if you're in the Historic District, you can always go to the BAR. You have to make a case and see if you could get more than two signs. Sometimes that's been allowed. They've allowed more than two and no more than three on occasion. Outside of it, if you're in a shopping center,we have what we call a comprehensive sign plan. What it is, is the owner of the shopping center comes in and says, "I want to set some rules for my particular shopping center."You can tailor some additional signage for the shopping center. Sometimes that can be an increase in number or increase in size in the signs than we would normally get if you're just going straight out of the Zoning Ordinance. Council Member Cummings: Okay.What was the reasoning for the signage on the back of a building, potentially, that it needed to have an entrance requirement? Because the pictures you showed us at Crumb)Cookie and the other places,those aren't actual entrances for customers.Those are entrances for-- Brian Boucher: No. I should say it's just an entrance, could be employees, customers,either one.Just as long as it had an entrance on the back,they felt it was justified. Council Member Cummings: There was no concern, staff has no concern, or the Planning Commission about confusion for a smaller 12-square foot sign beside the door, like at the Leesburg Diner,which you can,although they don't like you to enter from there,but you could enter as a customer there,there's no concern about the confusion? Page 10 I July 12, 2022 Brian Boucher: They could put an instructional sign that says, "No admittance. Not a customer entrance," or something like that. They could do that. They can, and that you can do as one of these, again, these smaller sizes,just giving information to people.They could put"No entrance". Council Member Cummings: Okay. I have no more questions. Mayor Burk: Okay. Is there anybody from the public that wants to speak? Nobody has signed up. Is there anybody in the audience that would like to speak at this point? Okay, nobody coming forward, I will close the public hearing. See, I didn't need to be reminded. I'll close the public hearing. Is there a motion that anybody would like to[crosstalk] Council Member Fox:Yes. I'd like to move. Mayor Burk: Could you state the motion, please? Council Member Fox: Sure. I move to approve Zoning Ordinance Amendment TLOA-2021-0011, revising various sections of TLZO Article 15 sign regulations based on the findings,that the amendments further objectives of the Town Plan and the proposal would serve public necessity, convenience, general welfare, and good zoning practice. Council Member Steinberg: Second. Mayor Burk: Seconded by Council Member Steinberg. Council Member Cummings: Madam Mayor? Mayor Burk:Yes. Council Member Cummings: Can I ask if the motion maker would be open? I'm okay with the awning and the curbside signs. I do have some concern with some of the language on the secondary wall signs, just because I think I'm the one that brought this forward and I had a lot of conversations with business owners at the Village of Leesburg, as well as Crumbl Cookies and some of the other businesses, and their idea was not so much to highlight the door. It was to highlight, because they have a 360-degree access to their building and the idea was to allow some promotion from the backside when folks come in and don't see the front of their buildings, but they do see the rear of the building to allow them to advertise that they're there. My hope would be maybe that if we can, I'm, again, I'm fine passing the awning and the curbside signage, but I'd love to work a little bit more with staff and Planning Commission to try to get the secondary signage language a little bit more what these businesses have asked for. Council Member Fox: I'm fine. Mayor Burk: Mr. Steinberg? Council Member Steinberg: A question for Brian. All of these particular situations mentioned are indeed not in the H, the B1, so they're all privately held concerns, Virginia Village, and so on. You described the process by which the owner of the property comes in with the sign plan.Wouldn't that, in effect, given what we're seeing here, wouldn't that give the owner the opportunity then to create a situation if it was merited? Brian Boucher: I don't want to overstate what we do with a sign plan, a comprehensive sign plan, because I do believe people in the past have asked me and said, "Well,you can always put something that maybe just says no entrance on the back,"and we really haven't allowed it is a comprehensive sign plan. It's something that's fairly close to the vest, it allows some changes but we don't go very broadly in it. Council Member Steinberg: Okay, but what I'm asking you is, in a situation like that, are the individual tenants free to do as they wish in a more controlled situation? Page 11 I July 12, 2022 Brian Boucher: Often when we get a comprehensive sign plan, it's usually tenants that will bring it because they might want something slightly different from what's otherwise in the shopping center, but the rules apply to the shopping center when we amend something under the comprehensive sign plan. Mayor Burk: If I could interrupt, many of the comprehensive sign plans,the landlord wants a consistent design, [crosstalk] a particular color or some sort of print. • Brian Boucher: It's a good point because that's one of the things that happens with this is that whatever is done,we are looking for some consistency. It doesn't mean that everything has to be the same color, maybe you get your logos in there, but we want a consistency in the signage throughout the shopping center. It's hard to bargain to get a comprehensive sign plan, some larger signs and maybe a little additional signage, but you're asking, going back to your question, you're saying, "Could you put it on the back?" and they just say, "Hey, do we do a comprehensive sign plan and give everybody a sign on the back?" One,we haven't done that under it. I think there were some. From the staff concerned, we don't necessarily want to go and do things that the Council hasn't authorized in some way and I think that fit into that situation. I'll give you an example, just one more about the signs and maybe it goes to your point. The Planning Commission, one of the things I mentioned was if you all know where Moe's is in the Potomac Station Shopping Center, at that intersection, so there's the Potomac Station Drive and Battlefield. That commercial building backs up to Potomac Station Drive. When you're going along there, you see the back of that strip building and there are some doors there but there's no vehicular access, and I don't think people ever go back there. I think there's a walkway, but they really don't go back there. When staff originally wrote this, they would not have been able to get signs the way we wrote it because we wanted it in interior traffic, inside the shopping center. But the Commission felt that it was all right to put signs there in that situation,because after all they're facing a public road and they thought it would be okay. I think what you're suggesting is in that case it would not be because those aren't public, those aren't entrances to customers. Council Member Cummings: No, I would, not to jump in here asking a question. I think we should allow them to have signs whether there's a door in the back or not. When it comes to where there are, it's difficult to track, folks are coming in from different angles or, for instance, the Crumbl, what you showed, the 360 degree where you're in the middle of a shopping complex, we should provide our businesses with the opportunity to promote themselves as much as possible. I'm just concerned that we're muddying the waters and making it very difficult for our small business owners to understand what exactly they're allowed and not allowed to do when a landlord can go through this special process to get a special signage plan. To me, that's just one more step of government to bring down and slow down our small businesses from being able to advertise themselves. I would prefer if we were,just tweak the language for a future meeting and we can do another public hearing, tweak the language for a secondary wall sign because I think there are multiple situations where a secondary wall sign is important like at the Village at Leesburg and other places. I think it's worth our time to have that conversation because we're talking about the small businesses which are the engine of our Town. Mayor Burk: Mr. Bagdasarian. Council Member Steinberg: Madam Mayor, I wasn't actually done. [chuckles] Mayor Burk: Pardon me? Council Member Steinberg: I said I actually wasn't done. Mayor Burk: Oh, you weren't done? Council Member Steinberg: I wasn't finished. Council Member Bagdasarian: Okay then. Page 12 1 July 12, 2022 Mayor Burk: Mr. Cummings. Council Member Steinberg: No, I think it was me. [laughs] Council Member Bagdasarian: I yield my time. Council Member Steinberg: Getting back to the property privately held, can the owner dictate,first of all,whether or not those signs are permitted? Brian Boucher:Yes, the owner always can. Council Member Steinberg: The owner always can. Brian Boucher: This is just what the Town will allow, not all owners allow, necessarily allow. Council Member Steinberg: Understood. Let's say the owner does permit, is any business owner then entitled to come forward asking for an exception to the language? Brian Boucher: Again, that's a private matter if the Town allows it and the owner, the property owner who has a lease with says, "No, you can't have it,"we would say, that's a private matter. Council Member Steinberg:No, I'm saying the owner is okay with the request,can the business owner come to the Town with what is an effect of a special exception to the rule? Brian Boucher: Again, what they would ask we'd have to have the owner and we don't try to make it for just one, it's usually something that you apply to the shopping center. If someone came and asked that again, I think from a staff standpoint,we'd say it's something we just haven't ever authorized before, so we're not going to let you do it in a comprehensive sign plan. When we do this, we take things that are allowed and we might make go a little long--we take signs that are allowed. I guess really getting what I should have said earlier is that's something that's not explicitly in our ordinance, so we stay away from giving those types of things under the comprehensive sign plan. Council Member Steinberg: My thought here is, as we have discussed in our planning many times that we're trying to create an identity within the Town that relates to the downtown. If our intention then is to at least somewhat stem what can easily become an extraordinary proliferation of signage, which is not uncommon. We have certainly seen property owners take advantage at every turn if they can, which is not to say everybody would be, I'm personally more comfortable with a slightly stricter language to start and see what that gets us. Mayor Burk: This we started with asking Ms. Fox if she accepted the amendment and she said yes, but you are not willing to accept it? All right, then it doesn't get amended, the original motion stays in place. Council Member Fox: I have a little bit of an amendment to my original motion. Mayor Burk: Mr. Bagdasarian, speak. Council Member Fox: It's not even substantive, it's grammatical. Mayor Burk: Can we let Mr. Bagdasarian since he's been waiting very patiently, so as Ms. Nacy, everybody's [crosstalk] Council Member Bagdasarian:Just another point of clarification I think to Mr. Steinberg's question as well, so when it comes to a private development like the Village at Leesburg, for example, does the property owners regulations and rules for signage in the back of the buildings override the Town zoning depending on what that is? Page 13 I July 12, 2022 Brian Boucher: Again, at least private matters and the zoning ordinance says it itself, if we allow something but there is a private agreement, something won't be allowed, then we do not enforce our rules, the private rights supersede the Town's rights. For example, if we allow a home daycare in Potomac Crossing and their HOA says, we will not allow that use, then even though we would allow it, you can't get it. Council Member Bagdasarian: Thank you for the clarification. Mayor Burk: [unintelligible] Ms. Nacy. Council Member Nacy: I was just going to add that reading it again now,I think I agree with Councilman Cummings. The easy fix in my mind would be just to remove that it must be centered above the rear doorway and that solves the problem, right? Mayor Burk:Well, not quite. Council Member Nacy:Well we already have a motion. [laughs] Mayor Burk:Yes, Ms. Fox? Council Member Fox: Just when I was reading that, I tripped up and it was some syntax and I just wasn't getting it. Can we put further the objectives instead of further objectives? It just didn't read right to me. Brian Boucher: I'll complain to the person who put that in,which is me. Council Member Fox: [laughs] it didn't make sense. Mayor Burk:That's a grammatical change, right? Council Member Fox: It was just a small grammatical change. Brian Boucher: Thank you for pointing that out. Council Member Fox:Thank you. Council Member Nacy: I have a question about the motion on the table and then there was a friendly amendment that was-- Mayor Burk: The friendly amendment died. Council Member Nacy: Can I do another friendly amendment? Mayor Burk:You can try. Council Member Nacy: I would like to make a friendly amendment to remove, "the sign must be centered above the rear doorway." Will you pull up the, on the slide, it's not numbered, so I can't tell you which one it is. If you go to the actual language in the ordinance. Number three, and then halfway, last line, essentially last full. Mayor Burk: Centered above the rear door or near to the side. You have a choice. It says, must be centered above the rear doorway or near to the side. Council Member Nacy:Yes. Could we just strike that? Brian Boucher: So you're suggesting strike the last sentence that reads, "The sign must be centered above the rear door or near to the side if impeded by windows, lights or other obstructions"? Mayor Burk: Because now you have a choice, you can do it on the side or you can do it above it. Page 14 I July 12, 2022 Council Member Fox: Only if, yea. • Council Member Nacy: If only if it's impeded by windows, lights or other obstructions or near to the side. Let's strike if impeded by windows, lights, or other obstructions. Council Member Fox: I can go for that. [laughs] Mayor Burk: Would that be accepted by the maker and the seconder? You're going to get rid of that last sentence? Brian Boucher: [unintelligible] last sentence. Mayor Burk: If impeded. That's what it is. Brian Boucher:That's the motion-- Mayor Burk: If impeded by the window, window lights, or other obstructions. They have the choice of doing it above the door or to the side of the door. Council Member Steinberg: Is that underneath? Mayor Burk: Yes.You can't do it underneath the door or on the door. Council Member Steinberg:You might miss damaging the door when attaching something. Mayor Burk: They accepted the friendly amendment. We have a motion by Council Member Fox, seconded by Council Member Steinberg.All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed? Council Member Cummings: Nay. Mayor Burk: Okay,that passes. 5-1-1. Thank you. Brian Boucher:Thank you. Mayor Burk: That takes us to Council Member future meetings and topic agendas. Mr. Cummings? Council Member Cummings: No disclosures.Just wanted to say thank you to Town staff for the Fourth of July. I missed the parade, but I heard it was great. The fireworks were wonderful. The music was great. Thank you for all of your staffs' efforts. It was another great Fourth of July. Mayor Burk: Mr. Steinberg. Council Member Steinberg: [inaudible] Mayor Burk: Ms. Fox. Council Member Fox: One addition. If Council would consider helping the three ladies who are here, actually about the oppression in China. We went ahead and did that proclamation, but I would love to give it some teeth and I asked them how we can best help with that. They said that if we or somebody could get them in touch with Senator Wexton. I thought maybe we could collectively send a letter to Senator Wexton, requesting a meeting for these three ladies.Tiny Tang,Jisan Pae and Wang Chunyan Then as part B of that,maybe do some due diligence here on our part to see if we have any partnerships, supply chain, business, anything tied to Jin Jiang or anything benefiting from either [inaudible] Falun Gong or slave labor. Page 15 I July 12, 2022 • Mayor Burk: You want that on a future-- Council Member Fox:Yes, if we want to talk about it,but I would like to send a letter to Senator Wexton at their request. Mayor Burk: That's for a future meeting? Council Member Fox: Does that have to be for a future meeting? I don't know. Mayor Burk: Does not necessarily have to be, but do we have to suspend the rules to do that? Christopher Spera: If you wanted to take action tonight, you'd have to suspend the rules. If you want to just add it to a subsequent work session, you have done enough. Council Member Fox: It's okay, but that's fine if we do a work session. I'll just go ahead and ask to suspend the rules and do that. Mayor Burk:You're asking for a letter to Congresswoman Wexton? Council Member Fox:Yes, to give these three ladies an audience, yes. Mayor Burk: Is this majority? Sorry. Suspend the rule, is it three-fourths? Are there four people that would be willing to send a letter to vote on it to suspend the rules tonight? Are there four people that would be willing to suspend the rules for this? Members: Yes. Mayor Burk: Ms. Fox, Ms. Nacy, Mr. Bagdasarian, Ms. Burk, Mr-- Well, I guess it was everybody. [laughs] People need to raise their hands. Okay, and then you want-- Council Member Fox: I want to make the motion. Mayor Burk: You want a more in-depth discussion on relationships that we could look at in regard to the topic. Council Member Fox:Yes. Mayor Burk: All right. Are there four people that would be willing to talk about that at a future work session,and that's just everybody. Okay.Over here, on this side. Mr. Bagdasarian?Ms. Nacy?All right, I would just like to thank Asa Rusk for giving me, and Visit Loudoun CEO Beth Erickson a tour of the new golf cart routes. It was great fun, and I'm sure many people are going to use this service on a regular basis. I want to congratulate Town staff for another fabulous Fourth of July parade and fireworks show. It's amazing what staff can do to make this day so safe and fun and inspiring.They work from sunup to sundown and they do it with such good spirit and with such a good attitude. I want to thank all of everyone that was involved in that, I want to thank Amy Bobcheck and her daughter Julia for giving Mr. Steinberg, Mr.Cummings,and myself afantastic tour of all the Town's public art. It was very entertaining with lots of interesting information. We have some very interesting pieces that sometimes you forget about. It was great to be reminded of all that's out there. I want to welcome Rebellion, a new restaurant and bar in Town. It's a huge addition to the culinary environment in Leesburg, and most certainly delighted that they're here. I want to welcome Treks Bike to the Village of Leesburg. They have trek bikes in their store, and only trek bikes, and they have lots of them. If that's what you're looking for, that's the place to go. I'm disappointed by some of the individuals that have been fighting the Black History Mural. Art is not history. Art is interpretation and conversation. This mural has been generously donated to the Town Page 16 I July 12, 2022 and has met with such obstruction that has been embarrassing,that the donor and the supporters have been disrespected and treated so rudely. It is a shame that individuals with agendas that have nothing to do with Black History but with politics are leading opposition to an already approved mural. As far as I'm concerned, that's the last I'm going to say about it, and I look forward to having it up on the walls and we can all enjoy it in the future. I want to thank all the different businesses that have welcomed me to the establishments to meet the Mayor and I look forward to doing even more of them. Council Member Fox: Madam Mayor. Mayor Burk:What? Council Member Fox: Are we always supposed to take a vote now? I know we voted to suspend the rules, but do we take a vote on the actual motion? Mayor Burk: Oh,yes,we do. Council Member Fox: Okay. [laughs] Mayor Burk: Sorry. Council Member Fox: I just wondered. Mayor Burk: Darn, I thought I'd get through without being corrected once. Okay. We do need to have a vote to have the conversation about the things that we can do. Council Member Nacy: Oh, no, is to send the letter. Mayor Burk: For sending the letter. Council Member Nacy:Yes. Mayor Burk: Thank you. Okay, all in favor of sending the letter to Congresswoman Wexton to give a second. Council Member Fox: No, I think it's a motion. Mayor Burk: Okay, thank you. It is a motion.You made it. Council Member Fox: Sorry. Mayor Burk: Council Member Fox made it. Council Member Nacy: I'll second. Mayor Burk: Council Member Nacy seconded. All in favor? Members:Aye. Mayor Burk: Opposed?That passes unanimously. Council Member Fox: Thank you. Mayor Burk: All right. Thank you for picking that up. I appreciate that. Mr. Town Manager? Is there a motion to adjourn? Council Member Bagdasarian: So moved. Page 17 I July 12, 2022 Mayor Burk: Moved by Mr. Bagdasarian. Second? Council Member Fox: Second. Council Member Steinberg: Second. Mayor Burk: Seconded by Ms. Fox and Mr. Steinberg.All in favor? Members:Aye. Mayor Burk:All right. Page 18 July 12, 2022