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HomeMy Public PortalAbout2022_tcmin0809 COUNCIL MEETING August 9, 2022 Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor Martinez, Kari Nacy (arrived at 7:02 p.m.), 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 Public Works and Capital Projects Renee LaFollette, Director of Utilities Amy Wyks, Director of Parks &Recreation Richard Williams, Director of Economic Development Russell Seymour, Director of the Thomas Balch Library Alexandra Gressitt, Senior Planning Project Manager Scott Parker, Assistant Public Information Officer Leah Kosin, Accounting Associate Jessica Chervenka and Clerk of Council Eileen Boeing. AGENDA - ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Steinberg. 3. SALUTE TO THE FLAG was led by Council Member Bagdasarian. 4. ROLL CALL 5. MINUTES a. Work Session Minutes of July 25, 2022 Council Member Cummings was absent at the July 25, 2022, Council Work Session and abstained from the vote. MOTION2022-151 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the minutes of the Work Session of July 25, 2022, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 5-0-1-1 (Nacy absent, Cummings abstain) b. Regular Session Minutes of July 26, 2022 Council Member Cummings was absent at the July 26, 2022, Council Meeting and abstained from the vote. • 1 I Page COUNCIL MEETING August 9, 2022 MOTION2022-152 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the minutes of the Regular Session of July 26, 2022, were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 5-0-1-1 (Nacy absent, Cummings abstain) 6. ADOPTING THE MEETING AGENDA MOTION2022-153 On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Nacy absent) 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. National Payroll Week Mayor Burk read the National Payroll Week proclamation and presented it to Leesburg Accounting Associate Jessica Chervenka. b. International Overdose Awareness Day Mayor Burk read the International Overdose Awareness Day proclamation. c. World Suicide Prevention Day Mayor Burk read the World Suicide Prevention Day proclamation and presented it to Out of the Darkness Walk Deputy Chair, Sarah Kurtz. Ms. Kurtz made a few remarks. d. In Memory of Charles L. Waddell MOTION2022-154 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: 111 I move to approve the Proclamation In Memory of Charles L. Waddell to be presented at the September 13, 2022, Council Meeting. 2 I Page COUNCIL MEETING August 9, 2022 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS Mayor Burk reported on her meeting with Loudoun County Board of Supervisor Kristen Umstattd regarding revenue sharing, the Walmart and At-Home Boundary Line Agreement, Evergreen Mill Road Widening budget request, Veterans Park, lighting on the W&OD Trail, moving the Economic Development Department to the new Small Business Development Center and the Spotted Lanternfly. Vice Mayor Martinez stated that he is on the NVTA Planning Commission subcommittee and since he would no longer be on Council at the end of this term, that Council may wish to appoint a new representative for the last meeting of 2022. Mayor Burk requested Vice Mayor Martinez send the meeting information and responsibilities to the other Council Members for their consideration. 11. PETITIONERS The Petitioner's Section was opened at 7:14 p.m. There were no speakers wishing to address Council. The Petitioner's Section was closed at 7:14 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION 2022-155 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following Consent Agenda was proposed: a. Replacement of Backhoe Loaders RESOLUTION2022-093 Authorizing the Purchase of Replacement Backhoe Loaders for the Department of Utilities and the Department of Public Works Street Division to Carter Machinery Company, Inc. in the amount of$358,249 3 I Page COUNCIL MEETING August 9, 2022 b. Award of Contract for Utilities Department—Maintenance and Repair Services RESOLUTION2022-094 Award Contract for Process Control System, Equipment, and Instrumentation Maintenance and Repair Services to M.C. Dean Inc., and Industrial Monitoring and Control Systems, Inc. c. Filters 1 and 2 Rehabilitation Project at the Water Filtration Plant RESOLUTION2022-095 Awarding the Construction Contract for the Filters 1 and 2 Rehabilitation Project at the Kenneth B. Rollins Water Filtration Plant to WGK Construction, LLC in the amount of$2,185,000 and Approve a Supplemental Appropriation to Fiscal Year 2023 Utilities Fund Capital Improvements Program in the amount of$1,381,720 d. Contract Award for Miscellaneous Roadway, Pedestrian and ADA Projects RESOLUTION2022-096 Award of Contract to Tibbs Paving in the amount of$231,065.76 for Miscellaneous Roadway, Pedestrian and ADA Projects e. Town Hall Art Exhibit by Diane Helentjaris RESOLUTION2022-097 Approval of Town Hall Art Exhibit by Diane Helentjaris f. Appointment to the Thomas Balch Library Endowment Foundation RESOLUTION2022-098 Appointing Judge Thomas Horne to Serve as Town Council Representative on the Thomas Balch Library Endowment Foundation Board g. Appointment to the Economic Development Commission RESOL UTION2022-099 Appointing Robert Cusack to the Economic Development 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 4 I Page COUNCIL MEETING August 9, 2022 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Private Property Mural Project at Virginia Village MOTION2022-156 On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following was proposed: RESOLUTION2022-100 Endorsement of the Initial Private Property Mural Project by Serina Chowdry under the Private Property Mural Pilot Program to be located at the Virginia Village Shopping Center and to be Fully Funded with Private Contributions 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. Office Lease for Small Business Development Center and Department of Economic Development MOTION 2022-157 On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following was proposed.• RESOLUTION2022-101 Approving a Lease with Fianna Investments LLC for Office Space at 15 North King Street for the Small Business Development Center and the Department of Economic Development 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. Annual Capital Funding Request to the County of Loudoun MOTION2022-158 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: RESOLUTION2022-102 Annual Capital Funding Request to the County of Loudoun for Fiscal Year 2024 5 I Page COUNCIL MEETING August 9, 2022 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 d. Potter's Field Gravesite Relocation Project MOTION 2022-159 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following was proposed: RESOLUTION2022-103 Authorizing Relocation of the Potter's Field Gravesite within Union Cemetery The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 14. PUBLIC HEARINGS a. TLSE-2022-0005, Ocean Veterinary Ophthalmology The Public Hearing was opened at 7:20 p.m. Mr. Scott Parker presented Council with the Minor Special Exception request for Ocean Veterinary Ophthalmology's to operate a specialized eye surgery facility. Council and staff discussed the application. Dr. Michelle Samuel and her husband Nate introduced themselves to Council and discussed the procedures offered by her practice as well as confirming they agreed with the conditions of approval and staff findings to approve the application. Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 7:31 p.m. MOTION2022-160 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: 6 I Page COUNCIL MEETING August 9, 2022 I move to approve the proposed resolution approving minor special exception TLSE-2022-005, Ocean Veterinary Ophthalmology with conditions based on findings that the proposed use is compatible with neighboring properties consistent with applicable regulations of the Leesburg Legacy Town Plan and Town of Leesburg Zoning Ordinance and promotes safe vehicular and pedestrian traffic. RESOLUTION2022-104 Approving Special Exception TLSE-2022-0005, Ocean Veterinary Ophthalmology, to allow a Veterinary Clinic at 302 Industrial Court, Units A and B The motion was approved by the following vote: Aye:: Bagdasari an, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Nacy disclosed she met with Mr. Kevin Ash regarding his property on King Street. Council Member Fox requested an update on the sidewalks on Loudoun Street from the "Y" on W. Market Street to the intersection of Ayr Street/Dry Mill Road. Mr. Dentler said he would send an update to Council via email. Council Member Fox commented on the Celebration of Life service held at the Birkby House for Mr. Paul Reimers. She said Mr. Reimers was a beloved individual and will be missed. Council Member Cummings disclosed he met with Mr. Kevin Ash regarding his potential commercial inn/hotel on King Street. Council Member Cummings also commended the Parks &Recreation staff on the summer programs held at Ida Lee Park that his son attends. 7IPage COUNCIL MEETING August 9, 2022 Council Member Bagdasarian disclosed he met with Mr. Kevin Ash regarding his project on South King Street. Council Member Bagdasarian also disclosed he met with Mr. Carl Gustayson regarding a potential project near Lightfoot in the downtown. Vice Mayor Martinez requested a Certificate of Recognition and memorial for Mr. Paul Reimers who passed away in July. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed she met with Ms. Molly Novotny and representatives from Stanley Martin to discuss the amenities at Tuscarora Crossing. Mayor Burk commented on the passing of Senator Charlie Waddell. Mayor Burk welcomed new businesses F45, a fitness program, Floor and Decor and Pedego Bikes to Leesburg. Mayor Burk thanked the Leesburg Police.Department for their work on National Night Out. Mayor Burk reiterated that she met with Supervisor Umstattd. Mayor Burk commented on the passing and memorial service held for Mr. Paul Reimers. Since Council will not meet again until September, Mayor Burk wished all the students returning to school at the end of the month a good school year. Mayor Burk inquired about the Town Manager Public Hearing to be held on August 10. Mr. Dentler confirmed it was in reference to a request for Residential Permit Parking for the 300 block of Catoctin Circle between Belmont Drive and Prospect Place and would be held in the lower level of Town Hall at 5:30 p.m. 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION a. None. 21. ADJOURNMENT On a motion by Council Member Bagdasarian, seconded by Vice Mayor Martinez, the meeting was adjourned at 7:•39 p.m. Kelly Burk, ayor Town of Leesburg ATTEST: 7602-e-:e Clerk of Council 2022 tcminO8O9 8 I Page August 9, 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: Call to order. Tonight's August 9th, 2022 meeting of the Leesburg Town Council. Anybody in the room needs hearing assistance, please see the Clerk. Council Member Steinberg will be giving the invocation followed by the pledge of allegiance by Council Member Bagdasarian. Council Member Neil Steinberg: Thank you, Madam Mayor. As we get ready to do our work for our residents here in the Town of Leesburg, we should reflect on our good fortune and take a moment to think about citizens in Kentucky and California and other communities who have not fared so well the past few weeks. [silence]Thank you. Mayor Burk: Please join us for the pledge. All: ...to the Flag of the United States of America [inaudible] Mayor Burk:All right. Let the record reflect that all members of Council are here with the exception of Council Member Nacy, who is running late and will be here. We have two sets of minutes, the Work Session minutes of July 25th, 2022. Council Member Cummings, you were absent. Do I have the motion? Vice Mayor Fernando"Marty" Martinez: So moved. Mayor Burk: Moved by Vice Mayor Martinez. Second? Second by Council Member Fox.All in favor. Members:Aye. Vice Mayor Martinez:Aye. Mayor Burk: Opposed.Abstained. That is-- Vice Mayor Martinez: Was the Hawaiian abstained. Mayor Burk: That's 5-0-1-1. Regular Session minutes of July 26th, 2022, moved by Council Member Martinez. Second? Second by Council Member Steinberg. Council Member Cummings, you're absent for that one too. All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed?That is 5-0-1-1.Adopting the meeting agenda, do I have a motion? Vice Mayor Martinez: So moved. Mayor Burk: Moved by Mr. Martinez. Second? Council Member Ara Bagdasarian: I'll second it. Mayor Burk: Council Member Bagdasarian.All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed? That passes 6-0-1. We have no certificates tonight, but we have a couple of proclamations.The first proclamation is National Payroll Week, September 5th to the 9th,2022.Whereas Page 1 I August 9, 2022 the American Payroll Association is more than 20,000 members have launched a nationwide public awareness campaign that pays tribute to the nearly 150 million people who work in the United States of America. Whereas payroll professionals play a key role in maintaining the economic health of the Town of Leesburg, carrying out such diverse tasks as paying into unemployment insurance, providing information for child support enforcement, and carrying out tax withholding, reporting and depositing. Whereas payroll departments collectively spend more than 2.4 trillion annually complying with the myriad of Federal and State wage and tax laws. Whereas payroll professionals play an important role ensuring the economic security of American families by helping to identify non-custodial parents and making sure they comply with their child's support mandates. Whereas payroll professionals have become increasingly proactive in educating both the business community and the public at large about payroll tax withholding systems. Whereas payroll professionals meet regularly with the Federal and State tax officials to discuss both improving compliance with government procedures and how compliance can be achieved at less cost to both government and business, therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia hereby recognize payroll professionals who support the American system by paying wages, reporting workers earnings, and withholding federal employment taxes, proclaimed this 9th day,August 22nd. The second proclamation we have is International Overdose Awareness Day. International Overdose Awareness Day is August 31st.Whereas International Overdose Awareness Day is a global event that's held on August 31st each year to remember those gone too soon from overdose deaths. Whereas the International Overdose Awareness Day recognizes overdoses from all drugs because it reflects the reality of the overdose pandemic, allowing us to speak and educate more broadly about the issues. Whereas the International Overdose Awareness Day is an opportunity for all citizens to stand beside those who have lost a loved one to an overdose, and those who have a substance use disorder, and are diligently working towards recovery. Whereas addiction is not a moral failing, but a complex and treatable disease and a life of recovery is possible.Whereas the loss and grief felt by families and loved ones of those who have died as a result of drug overdose is acknowledged around the world. Therefore proclaimed that the Mayor and the Council hereby recognize August 31st, 2022 as International Overdose Awareness Day in the Town of Leesburg and call upon Leesburg residents to join in raising overdose awareness and reducing the stigma of drug-related deaths through initiatives related to education, prevention,treatment,and recovery support for all substances use disorders.This one I will take to present at a function. The next one is World Suicide Prevention Day Out of the Darkness,and this is World Suicide Prevention Day, September 10th. Where September 10th is World Suicide Prevention Day, and it is time to join communities across the globe to reaffirm our commitment to prevent suicide. Whereas World Suicide Prevention Day was launched in 2003 by the International Association for Suicide Prevention with the endorsement of the World Health Organization. Whereas the theme for the World Suicide Prevention Day is creating hope through action, a message of hope that aims to empower people with confidence , to engage with the complex subject. Whereas through this theme, people can work together to create a movement of preventative action with a sustained message to drive behavioral changes and ultimately prevent suicides.Whereas World Suicide Prevention Day provides a platform for people to learn about mental health and support those who have lost loved ones to suicide. Whereas we thank the dedicated crisis counselors, the health professionals,faith leaders, teachers, friends, and family members who continually provide support for their communities on mental health and suicide issues. Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia hereby recognize Sarah Kurtz, Deputy Chair for The Loudoun Out of the Darkness Walk for her continued efforts towards raising awareness and educating others about suicide causes and its warning.Then the Page 21 August 9, 2022 last thing we have to do is I need a motion to get the proclamation in memory of Senator Charles Waddell. Moved by Vice Mayor Martinez. Second? Council Member Neil Steinberg: Second. Mayor Burk: Seconded by Council Member Steinberg. All in favor? Members:Aye. Mayor Burk: Opposed? That passes, 7-0. Welcome, Ms. Nacy. This will be presented at a later date to the family. I'm going to go present these two proclamations. Is it on? Okay. The first one. Hello, Jessica, you're going to accept this. I'm assuming that you're going to tell us all about payroll and what it means to us, but seriously,thank you very much for all that you do and we really do appreciate getting our paycheck on time.We're always very grateful for that.Would you like to say a few words?Okay.All right. Well then, I'll just give it to you. Jessica Chervenka:Thank you, ma'am. I appreciate it. Mayor Burk: Thank you. Now I know I won. [applause] The next one is Sarah Kurtz. Sarah, you hurt your arm. Oh, dear. Sarah, you work with the Out of the Darkness Walk.This is such a serious issue. It affects so many of us,and I bet in this room if you asked, many of the people here know someone who has either attempted or succeeded in a suicide attempt. Would you mind explaining what your walk is all about and what the role of your organization is? Sarah Kurtz:Yes.AFSP,the National Capital Area Chapter helps to fundraise money to grant research projects which those research what we learn from our research we develop into educational programs that we bring back into the community free of charge to raise awareness about mental health issues, suicide prevention.We also provide advocacy at the State, local,and national level,as well as providing support for those that have lost someone to suicide. This year, our walk is on September 17th at Ida Lee and I invite you all to join us, as well on September 2nd, which is first Friday, we'll be having our Luminaria event outside at Mervin Jackson,just right out here. Our Luminaria event is to recognize those that we've lost to suicide, and so that event is outside. It'll be from 6:00 to 9:00 and it's just an opportunity to come and reflect on those whom we've lost. If you yourself have lost somebody, we invite you to come out and make your own luminaria that we will display as well. Mayor Burk: Well, thank you very much for all that you do. The Council really appreciates it, and I'm very glad to present you with this proclamation. [applause] All right. Anybody have any regional commission reports? Nobody? I have just a short report. I had a meeting with Supervisor Umstattd, and in that meeting we discussed, again, revenue sharing and the Walmart's and At-Home BLA. We have a budget request and she listened to the whole idea of Evergreen Mill Road widening, Veterans Park, and lighting the W&OD Trail. We had a discussion about moving,we're moving our Economic Development department to down the road here from the cabin. The cabin's not big enough anymore. We also, including in that, funding for the SBDC,the Small Business Development Center to stay in Leesburg and be part of the office.There was a discussion on that. Then the last thing was, so the spotted lanternfly, which eats about just about every tree in Loudoun County has been spotted here in Leesburg and in Loudoun County, but in Leesburg, and the State is coordinating an effort with the County, and they will be sending people to spray the trees. Page 3 I August 9, 2022 If someone is concerned because they look out their window and they see someone in a hazmat suit, that's because they're using the Roundup, the industrial strength Roundup, and we need to make sure that people are aware that these individuals may be walking around.We found them at George Marshall house, the property there, and also at the Pennington parking lot, the trees around there, but we're pretty sure they're all over Town, so you might want to send that out so people are not alarmed, but that's all I have. Vice Mayor Martinez: Madam Mayor? Mayor Burk:Yes, sir. Vice Mayor Martinez: I'm on the NTVA Planning Commission subcommittee, and since I am leaving in December, there's one more meeting I think this year. I think it'd be a good time to put somebody else on there for me. Mayor Burk: Maybe we could talk about that unless somebody here right now would like to do it. Don't know enough about it and how often it is. Could you send something out? Vice Mayor Martinez: No. Of course, send them off. Mayor Burk: [laughs] Send that out to everybody so that everybody could understand what it is and what's the responsibilities and when they meet and that sort of thing, and then just let us know if you're interested in doing it. That takes us to our petitioner section and we sign up. Do you like to read it off? We don't have anybody signed up? I guess so. 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, give your address for the taped record.Any public speaker will be requested to state their name and that's 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 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.There is nobody who has signed up to speak. Is there anybody in the audience that didn't sign up the paper but would like to speak? Seeing that nobody is interested in speaking tonight, I will close the petitioner section. That takes us to approving the consent agenda. I will read the items on it and then ask if anybody has anything they want removed. The first one is 12A, Replacement of the Backhoe Loaders, B, Award of a Contract for the Utility Department Maintenance and Repair Services, C, Filters One and Two Rehabilitation Project at the Water Filtration Plant, D is a Contract Award for the Miscellaneous Road, Pedestrian ADA projects, E is Town Hall Art Exhibit by Diane Helentjaris. I apologize if I have mispronounced that. F is the Appointment to the Thomas Balch Library Endowment Foundation of Judge Thomas Home. G is the Appointment to the Economic Development Commission of Robert Cusack. Is there any item that anybody wants removed?Then can I have a motion? Vice Mayor Martinez: So moved. Mayor Burk: Vice Mayor Martinez and seconded by Council Member Fox. All in favor, indicate by saying aye. Members:Aye. Mayor Burk:Opposed?That passes,7-0.That takes us to our resolutions,and our first one is a Private Property Mural Project at Virginia Village. Who is doing this one? Kaj Dentler: Leah. Mayor Burk:You can't speak, sorry. Page 4 I August 9, 2022 Kaj Dentler: Leah Kosin, our Assistant Public Information Officer is here to provide a presentation for you, or she can address questions as part of the presentation. Whatever your preference is. Mayor Burk: Do we just want to ask questions on this, or does anybody feel like they need a review of what we're talking about? It's the mural in the Virginia village. Does anybody have any questions on it? Do I have a motion? Council Member Steinberg: So moved. Mayor Burk: Mr. Steinberg. Vice Mayor Martinez: Second. Mayor Burk: Seconded by Vice Mayor Martinez. All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed? There you go. That passes, 7-0. B, office lease for the Small Business Development Center and the Department of Economic Development. Who is doing that one? Any questions? Kaj Dentler: Same thing. Mr. Seymour is here. He can provide details, or we do have a brief presentation. The main thing that we want to highlight for you is that in the budget process for FY23, Council appropriated $75,000 for us to be able to keep the Small Business Development Center in Town.At that time, we certainly were hoping that we could stay at 202 Church Street. We've looked at options. We've identified 15 North King Street as a better option for us for a couple different reasons. As part of that, we also want that, and the whole intention was to move the Economic Development staff to the location so they would have synergy with the Small Business Development Center staff going forward. The lease is for five years. Each year can be terminated or extended based on our choice. Those are the key components.We've worked with Mr.Gustayson the landlord there for the proposed lease,which is in your packet. If there are any specific questions,we can go through that and go from there. Mayor Burk: Does anybody have any questions on this, Mr. Martinez? No?That's a no?All right. Do I have a motion? So moved by Council Member Fox. Seconded by Vice Mayor Martinez. All in favor, indicate by saying aye. Members:Aye. Mayor Burk:Anybody opposed? Passes, 7-0. Next one is the Annual Capital Funding Request to the County of Loudoun. You had that all written up in your report in our packet. Is there any questions that anybody has in regard to that?Then, do I have a motion? Vice Mayor Martinez: So moved. Mayor Burk: So moved by Vice Mayor Martinez. Council Member Suzanne Fox: Second. Mayor Burk: Seconded by Council Member Fox. All in favor? Members:Aye. Mayor Burk: Opposed?That is everybody. The D is Potter's Field Gravesite Relocation Project. Eileen Boeing: We didn't get the maker and the second. Page 5 I August 9, 2022 Mayor Burk: It was Vice Mayor Martinez and Council Member Fox. Oh, let me slow down. [laughs]The next one is Potter's Field Gravesite Relocation Project. Do I have a motion on that one? Vice Mayor Martinez: So moved. Mayor Burk: Vice Mayor Martinez. Seconded by Council Member Steinberg. Any questions or discussion on this one?All in favor, indicate by saying aye. Members:Aye. Mayor Burk: Opposed?That passes, 7-0. All right. Takes us to our public hearing. The parks and rec people just about orienting out the door. Just a minute. I will call to order this August 9'h, 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 you to either sign up in the sheet in the hallway outside chambers, or if you did not get the opportunity to speak, we will give you the opportunity to speak. In the interest of fairness, we ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes, indicating you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of a group, Council will allow a spokesperson for a group a few extra minutes. In that instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent, and their request 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 second, there's a brief application by the applicant. Third, members of the public that have signed up to speak will be called and given five minutes to make their comments.The hearing tonight is TLSE-2022-0005 Ocean Veterinarian Ophthalmology. Hello. [chuckles]How are you tonight? Scott Parker: Madam Mayor, Members of Council, Scott Parker representing the Department of Planning, the one, this is TLSE-2022-0005, Ocean Veterinary Ophthalmology. This is one of the big takeaways from this evening is I can now spell ophthalmology without having spellcheck correct me on that. Mayor Burk:Yes, I'll ask you tomorrow and let's see how you're doing. Scott Parker: It's the H after the T that throws everyone. This is a minor special exception use that is going to be going in Industrial Court. You might recognize this building as Mama Lucia, Mama Lucci's, I'm sorry.Well, she hates when I do that. Carol hates when I do that. Mama Lucci's on the right.This is taking up two spaces of 2,400 square feet. You'll notice on the side, this is some of the sticks of townhouses for the Crescent Place development and this is Industrial Court. The zoning for this minor special exception use right is Crescent Design District, CD-CC. There's no new construction with this, and so it is regulated as the previous B-2 Established Corridor Commercial District as per the Crescent Design District. This is an established minor exception use. That means that it has a full review by Council, including public notification and public input. It just alleviates the need for Planning Commission review and evaluation.Town Council adopted the Zoning Ordinance for the minor special exception back in 2018 and established veterinary hospital,which this use falls under, as a minor special exception use. This particular use is 2,400 square feet, it's taking up two bays of this existing commercial retail location. These are business condos, so the owners are proposing the ownership of this. There are no outdoor uses with this proposal and there is no new construction proposed its interior in use only.This particular veterinary hospital, Ocean Veterinarian, specializes in eye surgery, cats and dogs, and the doctor who is present here, in a second introduce herself, specializes in eye surgery and they're associated with the Life Centre. Page 6 I August 9, 2022 There is no overnight boarding of animals in this location and we have found that since this is a use, there is compliance has been obtained with Legacy Leesburg as you might think. It's a good use for the location as per the plan envisions for the Crescent Design District. There is one use standard for veterinary hospitals in the ordinance. All such facilities shall be in a completely enclosed building, adequately soundproofed and construction, no emission of odor, that this has been put into the--it has been put in the conditions of approval that we will go over with. They are proposing an indoor soundproofed area for dogs and cats when they're preparing for surgery and the doctor can explain that. It's more of an appointment type of a base, so there's not going to be a lot of animals coming and going the same time. Staff feels like the compliance with this use standard has been attained via the condition that's in the accompanying resolution this evening. This application was received on May 2791. The first consolidated comment letter went out in July and here we are tonight, the minor special exception process has had its intended effect of taking use like this with little to no impact and streamlining the timeline quite a bit, and we're happy to be able to get that here this evening. As you have heard numerous times from this podium from planners, there are criteria for a special exception in the ordinance that needs to be attained. I will not do a dramatic reading of the criteria for you this evening. I'm sure you appreciate that. [laughs] Suffice it that the staff has reviewed this in all criteria of the special exception approval have been met to staff satisfaction. There are no outstanding issues with this application.Again, its just the use,there's no construction and it has less impact traffic- wise than a by-right use would have in this location. Staff recommends approval of this use. The conditions of approval. I won't do a dramatic reading of these either, but these are in the resolution that was in your packet, the proposed resolution. The substantial conformance and the expressed are implied waivers, that standard language that we use in the ordinance, what is specific to this particular application. The applicant is going to install a pet waste station. Although there's no outdoor uses associated with it,they are going to install a pet waste station in the open space next to their location. Waste disposal. That is a common condition of approval that we have for vets boarding in the Town about the disposal of vaccines in accordance to FDA standard. Then landscaping in this particular location, since this is a use and these are individual condo owners of this location, the owners, the vet, it appears as if all the landscaping from way back when is there in one form or another, but they have committed that they're going to work with the other owners to ensure the maintenance of the existing landscaping and replace any that's necessary, but none has been identified necessarily at this point. The proposal conforms with the policies of the Town. Criteria 3.4.12 has been met.The use standards have been met. The proposal would serve public necessity, convenience,welfare, and practice. I have suggested motions here. That concludes my presentation for this evening. Mayor Burk: All right. Anybody have any questions at this point? No? Council Member Fox:Yes, I just have one. Mayor Burk: Oh, you have one. Council Member Fox: I was just wondering, how long has this park been vacant? Scott Parker:Well,they're taking two spaces. One's been vacant longer than the other.The applicants may know the answer to that, but I'm pretty sure it's been over six months because it's been longer than I've been working on the application. Council Member Fox: Okay. Glad you're here. [laughs] Mayor Burk: Okay, no questions. Page 7 August 9, 2022 Council Member Kari Nacy: I just have one quick question.You mentioned you touched on this briefly, so the animals won't be taken outside to go to the bathroom while they're there or how will that work if- Scott Parker: I'm going to let the doctor explain that a little bit more, but it's my understanding that these pets are coming there specifically for surgery. They're not going to be in any shape to be taken outside. From what I understand, the pets are going to be taken, have the surgery done to them, and then picked up and taken with them. I'm sure that she'll explain that a little bit more. Council Member Nacy: Thank you. Mayor Burk: All right. Thank you. I have a feeling that we actually could get a motion right now if we wanted, but if you would like to do your presentation, you are more than welcome. Scott Parker: I was looking at that clock. It went 4:34. Michelle Samuel: Hi, everyone. My name is Dr. Michelle Samuel, and this is my husband, Nate. I'm a veterinary ophthalmologist and I own Ocean Veterinary Ophthalmology. Our practice deals exclusively in the medical and surgical treatment of dogs'and cats'eyes.As Scott previously stated, we're seeing patients by appointment only and for outpatient procedures. What would be involved is usually they'll stay to the point we're also going to have techs go out and check for any inadvertent waste as pets come in and out, but it should be fairly minimal. Any dogs or cats that require more care will be transferred immediately to the Life Centre,which is our main hospital for further care where kind of more waste, and once they're awake enough will be dealt with at that point. Life Centre is our 24-hour emergency and referral practice. That's one of our partner practices. There are about 400 veterinary ophthalmologists in the US, and I'm currently the only veterinary ophthalmologists that's practicing outside, or within Loudoun County. We opened our practice in 2020.So far,we've had over 370 referring emergency and general practices and over 2,300 clients that depend on our expertise and our skillset. Our current lease is set to expire in March of 2023,so we're seeking this minor exception as Scott said for 302 Industrial Court, both units A and B. We will be both the property owners and the tenants. I'm the veterinary ophthalmologist for the Life Centre, so it's important that we stay, keep our roots in Leesburg. I think that the move to Industrial Court would ensure that we're okay with all the recommendations that Scott had made and we'd like to thank you guys, as well Scott for all your help and assistance. Mayor Burk: Thank you. Is there anyone who has any questions? Mr. Martinez. Vice Mayor Martinez: No, I just want to make the motion. Mayor Burk:All right, Mr. Martinez. Christopher Spera: Public comment. Vice Mayor Martinez:That's right. Mayor Burk: Is there anybody in the audience that would like to speak?That being the case,then I will close the hearing, at this point, the public hearing. Mr. Martinez,would you like to make a motion? Vice Mayor Martinez: I move to approve the proposed resolution approving minor special exception TLSE-2022-005, Ocean Veterinary Ophthalmology with conditions based on findings. I'm finding that the proposed use is compatible with neighboring properties consistent with applicable regulations of the Leesburg Legacy Town Plan and Town of Leesburg Zoning Ordinance and promotes safe vehicular and pedestrian traffic. Mayor Burk:All in favor, indicate by saying aye. Members: Aye. Page 8 I August 9, 2022 Mayor Burk: Opposed?That passes, 7-0. Congratulations and welcome. Michelle Samuel: Thank you. Nate Samuel: Thank you. Vice Mayor Martinez:We look forward to the ribbon cutting. [laughter] Mayor Burk: All right, that takes us then to--excuse me, I have so many papers here-- it takes us to our future meetings and disclosures. Ms. Nacy? Council Member Nacy:Yes,thank you. I have a disclosure that I just remembered. I think it was Friday, whatever that date was, I'll write it down properly. I had a meeting with Kevin Ash regarding his property on King Street. Mayor Burk: Ms. Fox. Council Member Fox: No disclosures. You probably all figured this would come up at some point, but I've had a couple of citizens ask me about the sidewalk on Loudoun Street, the elevated part of it, and they asked me to maybe look into that, see what it would take to remediate that sidewalk. It's the part between Ayr Street and the Y at Market Street. Mayor Burk:Are there four people that would want? Kaj Dentler: Would it be acceptable if I look into that and provide you just an email update or do you want at least as a starting point? Council Member Fox: I don't think we'd be ready to talk about it yet. Yes,just getting the ball rolling. Kaj Dentler: Well, I can look into what the status of the sidewalk is and follow up with you and make sure I'm hitting the marks and then send everyone an email and then you can react to that. Is that-- Council Member Fox: That's fine. Kaj Dentler: Okay. Council Member Fox: I just had one last comment to make and that was about the celebration of life over at the Birkby House, Paul Reimers' Celebration of Life. I have done countless events at Thomas Birkby House and I have never seen that place so packed. He was a beloved individual and he will be missed.Thank you. Mayor Burk: Mr. Steinberg. Mr. Cummings. Council Member Zach Cummings: Just one disclosure, I also had a meeting with Kevin Ash about the potential hotel commercial inn, whatever it's called, on King Street, and then I just wanted to thank the Town staff, specifically Parks and Rec, my son every year does the Ida Lee camp and had another great summer of camps at Ida Lee and saw a lot of happy kids coming out and a lot of tired kids going in and it was great. Thank you. Mayor Burk:All right. Mr. Bagdasarian. Council Member Bagdasarian:Yes, thank you. I also met with Mr. Kevin Ash regarding his project on South King Street and I also met with Carl Gustayson regarding his upcoming project near Lightfoot. That's it. Mayor Burk:All right. Mr. Martinez. Page 9 August 9, 2022 Vice Mayor Martinez: I would like to have a certification of appreciation for Paul Reimers. He was my appointee to the BAR for several years, plus also if there's some way we could honor his community service to the Town. He's done many things. I can name a couple with project graduation that he directly helped us with and he gave his time and labor for construction of a shed and other things that he's done. I was wondering if there's some way we could work both a certificate of appreciation and then a memorandum of whatever we do in these kind of situations. Mayor Burk: Okay. Anybody object? I would think not. Okay. Is that it? Okay. On July 29th, I held a meeting with Molly Novotny and representatives from Stanley Martin. We discussed, and staff was in the meeting, and we discussed at length the fact that the residents of Tuscarora crossing had none of the promised amenities. During that discussion, we talked about the proffers and what they say and then what they--and we agreed to change the proffers so the pool and the clubhouse will be built at the same time as the Phase II housing,rather than wait till the end of the housing,the end,when the houses are finished, it will start at the same time and so will the grocery store. The residents will get their amenities in the next year or two, rather than 9 or 10 years from now. I want to thank Molly Novotny and the representatives from Stanley Martin for listening and compromising and making things better for the residents here in Leesburg. We're still working on maintenance issues, but the key is that we're still working on it. On the 29th,we said goodbye to a dear friend, Senator Charlie Waddell. I served at his legislative aid in Richmond and learned so much about how the general assembly works. We were friends for over 30 years. I miss his laugh, his advice and his songs, and I truly hold myself lucky to have known him. July 30th, we welcomed F45 at 8:45 in the morning on a Saturday and I think Mr. Martinez was there and Ms. Fox. It's a new fitness program and it's at a new location. It's a woman-owned business and it's quite a really interesting program that they have put together for different levels of fitness. Oh, Neil's there too. Sorry.We also on that same day had Pedego Electric Bikes. I want to announce that Suzanne and I rode the bikes. None of the rest of you did, we did, and to see how they were different than a regular bike, and they are different than a regular bike, but it was fun and I'm sure that the business will do great. On August 2nd,we welcomed Floor&Decor.What a huge building,with so many selections. It was just amazing, but what really struck me was what a terrific staff they have, and it was great to be there and to meet everybody. I want to thank the Leesburg Police for their night out. It was fun to meet everyone from the trailer park and say hello and do all the games that they were playing. Some people that were playing football, but that was a little too hot for me. I did the ice cones. On August 4th, I met with Supervisor Umstattd and I gave the report previously. On August 6th, we all said goodbye to a community activist Paul Reimers. He was taken too soon, but his friends and family won't soon forget his love and commitment to them and to Leesburg. I want to say this is our last meeting until September, and I want to wish all the school students that are heading back to school a very good year. I hope it's a very successful year and a much calmer year and I think that it's well deserved and I'm looking forward to it. I do have a question. Is there a public hearing tomorrow about--What is it? Kaj Dentler: It's a residential permit parking request. Mayor Burk: What is the location? Kaj Dentler: 5:30 here, downstairs. Mayor Burk: Okay. What is the subject?What is the area? Kaj Dentler: I forgot the street.You know the street? 300 Catoctin? Mayor Burk: It's just Catoctin? I thought it was from--is it from Prosperity to-- Eileen Boeing: Its the 300 block of Catoctin Circle between Belmont Drive and Prospect Place Southwest. Page 10 I August 9, 2022 Mayor Burk: Oh, they are asking for permit parking? Okay. I just want to make sure the public was aware of that.That's all I have. Mr.Town Manager,you have anything more? No comments? Do I have a motion? Council Member Bagdasarian: So moved. Mayor Burk: Do I have a second? Vice Mayor Martinez: Second. Mayor Burk: Okay.All in favor. Members:Aye. Mayor Burk: Opposed.All right. We are adjourned. Have a great summer. • Page 11 I August 9, 2022