HomeMy Public PortalAbout2022_tcmin0913 COUNCIL MEETING September 13, 2022
Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk
presiding.
Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor
Martinez, Kari Nacy, Neil Steinberg, and Mayor Kelly Burk.
Council Members Absent: None.
Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy
Town Manager Keith Markel, Director of Public Works and Capital Projects Renee
LaFollette, Director of Utilities Amy Wyks, Director of Finance and Administrative
Services Clark Case, Director of Information Technology Jakub Jedrzejczak, Director of
Planning& Zoning James David, Deputy Town Attorney Christine Newton, Assistant
Director for Capital Projects Phil Jones, Senior Planning Project Manager Chris Murphy,
Senior Planning Project Manager Scott Parker and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Fox.
3. SALUTE TO THE FLAG was led by Council Member Cummings.
4. ROLL CALL
5. MINUTES
a. Work Session Minutes of August 8, 2022
MOTION2022-161
On a motion by Council Member Steinberg, seconded by Council Member Nacy, the
minutes of the Work Session of August 8, 2022, were moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and
Mayor Burk
Nay: None
Vote: 7-0
b. Regular Session Minutes of August 9, 2022
MOTION2022-162
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the minutes
of the Regular Session of August 9, 2022, were moved for approval.
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COUNCIL MEETING September 13, 2022
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and
Mayor Burk
Nay: None
Vote: 7-0
6. ADOPTING THE MEETING AGENDA
MOTION 2022-163
On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the meeting agenda
was moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor
Burk
Nay: None
Vote: 7-0
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. National Hispanic Heritage Month
Mayor Burk read the National Hispanic Heritage Month proclamation and
presented it to Ms. Paula Callaghan, who made a few remarks.
b. Childhood Cancer Awareness Month
Mayor Burk read the Childhood Cancer Awareness Month proclamation and
presented it to Dr. Michael Eblan, who made a few remarks.
c. Constitution Week
Mayor Burk read the Constitution Week proclamation and presented it to Ms.
Gayle Lovato, who made a few remarks.
d. In Memory of Charles Wadell
Mayor Burk read the proclamation In Memory of Charles Waddell.
e. Proclamation Hunger Action Month
MOTION2022-164
On a motion by Council Member Cummings, seconded by Council Member Steinberg,
the following was proposed:
I move to approve the Proclamation for Hunger Action Month to be proclaimed at the
September 27, 2022, Town Council Meeting.
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COUNCIL MEETING September 13, 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
a. None.
11. PETITIONERS
The Petitioner's Section was opened at 7:17 p.m.
Lee Thompson. Spoke to Council regarding safety concerns including traffic volume and
pedestrian visibility along Fort Evans Road and when trying to safely pull out of their
neighborhood at Cedar Walk Circle due to obstructions and excessive speeding.
Dennis Boykin, Barksdale Drive. Spoke to Council regarding FOIA compliance and his
concerns over personal email accountability. Mr. Boykin provided some suggestions on how to
improve compliance when emails are sent to personal email accounts.
Spencer Bishop, Cedar Walk Circle, NE. Spoke to Council regarding safety concerns
including traffic volume and pedestrian visibility along Fort Evans Road and when trying to safely
pull out of their neighborhood at Cedar Walk Circle due to obstructions and excessive speeding.
Mary Speidel, Cedar Walk Circle, NE. Spoke to Council regarding safety concerns
including traffic volume and pedestrian visibility along Fort Evans Road and when trying to safely
pull out of their neighborhood at Cedar Walk Circle due to obstructions and excessive speeding.
Mayor Burk asked staff to obtain contact information from the Cedar Walk residents to
allow for further dialogue and follow-up.
The Petitioner's Section was closed at 7:25 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION 2022-165
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the
following Consent Agenda was proposed:
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COUNCIL MEETING September 13, 2022
a. Upgrade ofM365 Licensing from G3 to G5
RESOLUTION2022-105
Approval of Contract Modification with DCWG to Upgrade Microsoft M365 Licensing
from G3 to G5
b. Hauling and Disposal Services of Non-Stabilized Sewage Sludge. Wastewater. and
Grit Screening and Scum
RESOLUTION2022-106
Award a Contract for Hauling and Disposal Services of Non-Stabilized Sewage Sludge,
Wastewater, and Grit Screening and Scum to Synagro Central, LLC
c. Engineering Design Services of Debris Screen at Water Pollution Control Facility
RESOLUTION2022-107
Awarding a Task Order in the amount of$630,852 to Stantec Consulting Services Inc.
for the Engineering Design of the Debris Screen Systems Project at the Water Pollution
Control Facility
d. Long Term Disability Insurance Contract
RESOLUTION2022-108
Award Contract for Long Term Disability Insurance to Hanford Life and Accident
Insurance Company
e. 2022 "Paint the Plow"Contest
RESOLUTION2022-109
Approval of2022 "Paint the Plow"Contest and Artwork Submitted by Evergreen Mill
and Catoctin Elementary School
f. Engineering Design Services of Leesburg Bypass Waterline
RESOLUTION2022-110
Awarding a Task Order in the amount of$469,650 to Dewberry Engineers Inc.for the
Engineering Design of the Leesburg Bypass Waterline
g. Appointment to the Thomas Balch Library Commission
RESOLUTION2022-111
Appointing Scott Billigmeier to the Thomas Balch Library Commission
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COUNCIL MEETING September 13, 2022
The Consent Agenda was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and
Mayor Burk
Nay: None
Vote: 7-0
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Voting Member for the 2022 Virginia Municipal League (VML) Business
Session
Council Member Steinberg nominated Vice Mayor Martinez as the Voting
Member for the 2022 Virginia Municipal League Business Session.
MOTION2022-166
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following
was proposed:
RESOLUTION2022-112
Designating a Voting Member and Alternate for the 2022 Virginia Municipal League(VML)
Business Session with Vice Mayor Martinez as the Voting Member
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
Vice Mayor Martinez nominated Council Member Steinberg as the Alternate
Voting Member for the 2022 Virginia Municipal League Business Session. Council
Member Fox asked to be considered.
MOTION2022-167
On a motion by Mayor Burk, the following was proposed:
RESOLUTION2022-112
Designating a Voting Member and Alternate for the 2022 Virginia Municipal League(VML)
Business Session with Council Member Steinberg as the Alternate Voting Member
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Fox, Nacy
Vote: 5-2
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COUNCIL MEETING September 13, 2022
b. Approving a Plan for Annexation of Territory to the Town of Leesburg
MOTION2022-168
On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the following was
proposed:
RESOLUTION2022-113
Approving a Plan for Annexation of Territory to the Town of Leesburg
Council and staff discussed the annexation process.
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
Mr. Dentler discussed the need to develop a meeting schedule with the County to
continue discussions regarding the affected properties. The meetings will include the Mayor
and the following Council Members in the rotation as previously approved: Council
Member Steinberg, Council Member Cummings, Council Member Fox, Council Member
Nacy and Council Member Bagdasarian. Vice Mayor Martinez removed himself from the
rotation due to the limited time remaining in his term. Mr. Dentler will work with the
Mayor and appropriate Council Member to schedule each meeting.
c. Data Centers —Zoning Classification and Design Standards
MOTION
On a motion by Council Member Steinberg, seconded by Mayor Burk, the following was
proposed:
RESOL UTION2022-114
Initiating an Amendment to the Zoning Ordinance Revising Terminology, Establishing Use-
Specific Standards, and Updating Zoning District Designations for Data Center Uses
Council and staff discussed the item. Council Member Fox asked to divide
the question to allow for a separate vote on the Zoning designation apart from the
use standards.
MOTION2022-169
On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following
was proposed:
To split the vote on Resolution 2022-114 to allow for a separate vote on the Zoning
designation apart rom the use standards.
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COUNCIL MEETING September 13, 2022
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy
Nay: Steinberg and Mayor Burk
Vote: 5-2
MOTION2022-170
On a motion by Vice Mayor Martinez, seconded Council Member Cummings, the following
was proposed:
RESOLUTION2022-114
Initiating an Amendment to the Zoning Ordinance Updating Zoning District Designations
for Data Center Uses
The motion as approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor
Burk
Nay: None
Vote: 7-0
MOTION2022-171
On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the
following was proposed:
RESOLUTION2022-114
Initiating an Amendment to the Zoning Ordinance Revising Terminology, Establishing Use-
Specific Standards
• The motion was approved by the following vote:
Aye: Bagdasarian, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Cummings, Fox, Nacy
Vote: 4-3
14. PUBLIC BEARINGS
a. Appropriation of American Rescue Plan Act Funding—Second Tranche
The Public Hearing was opened at 7:39 p.m.
Mr. Clark Case presented to Council a request for a supplemental appropriation for
funding received from the second tranche of the American Rescue Plan Act of 2021
(ARPA). Mr. Case noted the appropriation exceeds more than 1% of the approved budget
which requires a public hearing. Council and staff discussed the appropriation.
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COUNCIL MEETING September 13, 2022
Public Speakers:
There were no speakers wishing to address this public hearing.
The public hearing was closed at 7:45 p.m.
MOTION2022-172
On a motion by Council Member Fox, seconded by Council Member Steinberg, the following
was proposed:
I move to approve the supplemental appropriation of ARPA funding totaling$2,956,836.50 in
Fiscal Year 2023 for the reimbursement of lost revenue attributable to the economic impacts of
the COVID-19 pandemic
RESOLUTION2022-115
Approving Supplemental Appropriation for the Second Tranche of American Rescue Plan Act
of 2021 Funding in the amount of$2,963,836.50 for Reimbursement of Eligible Lost Town
Revenue Attributable to the Economic Impacts of the COVID-19 Pandemic
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and
Mayor Burk
Nay: None
Vote: 7-0
b. TLOA-2021-0004 Use Standards for Doggy Day Care with or without Accessory
Overnight Boarding
The Public Hearing was opened at 7:45 p.m.
Mr. Scott Parker presented Council with a proposed Zoning Ordinance amendment
for use standards for doggy day care facilities. The proposal adds two new use standards to
the already existing doggy day care use standards in the Zoning Ordinance. Mr. Parker
noted in his presentation an omitted Whereas section in the draft Ordinance that the
Planning Commission held a public hearing on July 7. Upon Council approval, the draft
Ordinance will be amended to add the omitted section prior to the Mayor's signature.
Council and staff discussed the proposed amendments and confirmed this was a
Planning Commission initiative.
Public Speakers:
There were no speakers wishing to address this public hearing.
The public hearing was closed at 8:04 p.m.
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COUNCIL MEETING September 13, 2022
MOTION
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was
proposed.•
I move to approve proposed Zoning Ordinance Amendment TLOA-2021-0004, as amended by
staff presentation dated September 13, 2022, and included as Attachment 1.
ORDINANCE
Amending Zoning Ordinance Section 9.3.12.2 Standards for Doggy Day Care to Establish
Two(2)New Use Standards Associated with Doggy Day Care Establishments, as amended
The motion failed by the following vote:
Aye: Steinberg and Mayor Burk
Nay: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, None
Vote: 2-5
c. Town Code Amendments to Chapter 34 (Utilities) and Appendix B (Fee Schedule)
The Public Hearing was opened at 7:20 p.m.
Ms. Amy Wyks presented Council with proposed amendments to Chapter 34—
Utilities, Appendix B —Fee Schedule and Chapter 8 of the Town Code. The amendments
include a repeal of Chapter 34 and sections of the Fee Schedule and replaced by Chapter
34.1 and updated sections of the Fee Schedule. Mr. Spera thanked outside counsel Mr.
Greg Haley for his contributions on the amendments.
Public Speakers:
There were no speakers wishing to address this public hearing.
The public hearing was closed at 8:15 p.m.
MOTION2022-173
On a motion by Council Member Nacy, seconded by Council Member Fox, the following was
proposed:
ORDINANCE
To Repeal Chapter 34(Utilities), Adopt Chapter 34.1(Utilities), Repeal Appendix B(Fee
Schedule)Sections 34-22 through 34-168, Adopt Appendix B(Fee Schedule)Sections 34.1-107
through 34.1-265 and Amend Chapter 8, Section 116
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COUNCIL MEETING September 13, 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. Acquisition of Land Rights by Condemnation for Construction of the Edwards Ferry
Road NE Sidewalk Improvements Project
The Public Hearing was opened at 8:16 p.m.
Ms. Christine Newton presented Council with the need for the Town to take private
property for a public purpose for the Edwards Ferry Road NE Sidewalk Improvements
project. Ms. Newton advised Council Parcel Identification Number (PIN) 231-30-3412-000
would be removed as the property owner agreed to the Town's offer shortly before the start
of the meeting thereby removing the need to include it in the condemnation action. Upon
Council approval, the PIN number will be removed from the draft resolution.
Public Speakers:
Dario de Hoyos. Spoke to Council as one of the affected property owners. Mr. de
Hoyos expressed concerns regarding his mature landscaping and the location of the water
meter and easement. Mr. de Hoyos stated he was not opposed to the Town's action or the
proposed project but that he would also like to continue to work with the Town staff to
address his concerns as the project progresses.
The public hearing was closed at 8:17 p.m.
MOTION2022-174
On a motion by Council Member Steinberg, seconded by Council Member Fox, the following
was proposed:
I move to approve the proposed Resolution Authorizing the Acquisition by Condemnation of
Permanent and Temporary Easements for Public Use for Construction of the Edwards Ferry
Road NE Sidewalk Improvements Project as amended by the removal of the PIN number
presented by the Town Attorney in her presentation.
RESOLUTION2022-116
Authorizing the Acquisition by Condemnation of Permanent and Temporary Easements for
Public Use for Construction of the Edwards Ferry Road NE Sidewalk Improvements Project
111
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COUNCIL MEETING September 13, 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
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Fox requested a Work Session discussion to amend approved
professions for home occupancy permits and a discussion regarding issuing a license that's
been paid for and not refunded yet until Zoning Ordinance are resolved.
It was the consensus of Council to add this to a future Work Session for discussion.
Council Member Steinberg disclosed he met with a representative from Oaklawn and
Mr. Kim Hart with Good Works regarding some potential changes to the Oaklawn
development.
Council Member Steinberg requested a Work Session discussion on glass recycling.
It was the consensus of Council to add this to a future Work Session for discussion.
Council Member Cummings disclosed he met with Mr. Kim Hart with Good Works
and Mr. Andy Shuckra with Keane Enterprises about the Oaklawn development. Mr.
Cummings also disclosed a phone conversation with Mr. Kevin Ash regarding his potential
hotel development in the old and historic district. Mr. Cummings also disclosed he met with
Mr. Peter Kalaris on the Meadowbrook Commercial application that's coming in front of
the Planning Commission.
Council Member Cummings requested a Work Session discussion to create a
narrative to accompany the Black History Mural with a budget cap of not to exceed$5,000.
It was the consensus of Council to add this to a future Work Session for discussion.
Council Member Cummings requested a Work Session discussion to initiate a
Zoning Ordinance text amendment on parking standards for hotel uses in the old and
historic district.
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COUNCIL MEETING September 13, 2022
It was the consensus of Council to add this to a future Work Session for discussion.
Council Member Cummings requested a Work Session discussion to initiate a
Zoning Ordinance text amendment to allow building heights in the old and historic district
to be considered as part of a Special Exception application.
It was the consensus of Council to add this to a future Work Session for discussion.
Vice Mayor Martinez disclosed he met with Mr. Peter Kalaris on August 31.
Council Member Bagdasarian invited Council to the Crossroads Music Festival on
Saturday, September 17 from 5:00 p.m. to 10:00 p.m. in downtown Leesburg. He noted it is
a great event that supports children in need in Loudoun County.
Council Member Nacy disclosed she met with Mr. Gordon MacDowell and Mr.
Steve Skemp and had a meeting scheduled the next day with Mr. Kim Hart and Keane
Enterprises regarding Oaklawn.
Council Member Nacy requested a Work Session discussion on giving staff a post-
pandemic bonus.
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 disclosed she met with Mr. Kim Hart and Mr. Andy Shuckra at
Oaklawn. Mayor Burk welcomed Restocked Sneakers, October One Winery, Buffalo Wing
Factory, Global Local, and Twin Peaks Grooming to Leesburg. Mayor Burk congratulated
the staff on the Taste of Leesburg event in August. Mayor Burk thanked the 89 Ways to
Give Foundation for the golf tournament to help kids in need. Mayor Burk thanked the
organizers of the 911 Ride. Mayor Burk met with the Lang Family who wrote a book about
their daughter's survival story after she was severely injured in a car crash at Cardinal Park
Drive and Route 7. Mayor Burk held Meet the Mayor events at Weird Brothers Coffee and
Solo Pizza. On September 8, Mayor Burk and Supervisor Kristen Umstattd held a Town
Hall Meeting on the Route 7 widening and 40 people attended. Mayor Burk and Council
Member Steinberg participated in the League of Dreams and Aces Baseball Club event
which held inclusion games for physically delayed and handicapped persons. Mayor Burk
thanked all those who attended the 9-11 ceremony. Mayor Burk said she was looking
forward to the Crossroads Events. Mayor Burk inquired to the Town Manager as to when
the goats would be returning to Leesburg. Mr. Dentler said they regularly visit Leesburg as
part of the vegetation management program but that he would have to research exactly
when they would be returning.
19. TOWN MANAGER COMMENTS
a. None.
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COUNCIL MEETING September 13, 2022
20. CLOSED SESSION
a. None.
21. ADJOURNMENT
On a motion by Council Member Fox, seconded by Council Member Nacy, the meeting was
adjourned at 8:44 p.m.
Kell- Bur yor
Town of Leesburg
ATTEST:
Clerk of Council
2022 tcmin0913
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September 13, 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: I would like to call to order tonight's September 13th,2022, meeting of the Leesburg
Town Council. If anybody in the room needs hearing assistance, please see the Clerk. Council Member
Fox will be giving the invocation followed by Council Member Cummings with the pledge of allegiance.
Council Member Fox.
Council Member Suzanne Fox:Thank you. Heavenly Father,we gather today, ask for your guidance,
wisdom,support as we begin this meeting. Please help us to engage in meaningful discussion and help
us to work as a unified team, combining different ideas for a productive outcome. We also ask your
blessing upon the families who lost their loved ones on 911 and also upon the families of those in our
own community who have passed in recent weeks. Maybe we have the spirit of camaraderie in this
room as we work together on our shared mission to serve the people of Leesburg, amen.
Mayor Burk: Mr. Cummings.
All: I pledge allegiance to the flag of the United States of America and to the Republic for which it
stands, one nation, under God, indivisible, with liberty and justice for all.
Mayor Burk: Let the record reflect that all members of Council are present tonight. We have two sets
of minutes, the work session minutes from August 8th, 2022, do I have a motion?
Council Member Neil Steinberg: So moved.
Mayor Burk: Moved by Council Member Steinberg.
Council Member Kari Nacy: Second.
Mayor Burk: Seconded by Council Member Nacy.All in favor, indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed,that passes 7-0. I have regular session minutes of August 9th, 2022.
Vice Mayor Fernando"Marty" Martinez: So moved.
Mayor Burk:Vice Mayor Martinez, second?
Council Member Fox: Second.
Mayor Burk: Council Member Fox. All in favor.
Members:Aye.
Mayor Burk: Opposed. That's 7-0. Do I have a motion to adopt the meeting agenda?
Vice Mayor Martinez: So moved.
Mayor Burk: Vice Mayor Martinez.
Council Member Nacy: Second.
Page 11 September 13, 2022
Mayor Burk:Council Member Nacy, second,all in favor,indicate by,is there any additions or deletions,
amendments, or deletions?All in favor indicate by saying, Aye.
Members:Aye.
Mayor Burk: Opposed. That passes 7-0. We have no certificates, but we do have a couple of
proclamations tonight. I will read them from the dais here for the record, and then I will go down and
present them.The first one is National Hispanic Heritage Month.This says,"National Hispanic Heritage
Month, September 15th through October 15th, 2022. Whereas September 15th through October 15th is
National Hispanic Heritage Month, and we celebrate the many ways Hispanic Americans have helped
shaped our community and whereas National Hispanic Heritage Month 2022 observance theme is--it's
in Spanish, inclusivity for a stronger nation." [laughs]
"Theme invites us to welcome diverse voices and perspectives. Whereas the National Hispanic
Heritage Month was created to showcase and highlight Hispanic contributions throughout our nation,
whereas the Town of Leesburg's growing Hispanic population is strong and vibrant and a key part of
the fabric of our community,and whereas the Hispanic population has a profound and positive influence
through a strong commitment to family,faith, hard work, and service, and whereas we welcome activist
Paula Callaghan as accepting this proclamation on behalf of the Hispanic community, therefore the
Mayor and the Town Council of Leesburg, Virginia hereby proclaim September 15th through October
15th, 2022 is Hispanic Heritage Month and encourage all residents in recognizing and preserving the
contributions made by the Hispanic Americans, proclaimed this 13th Day September 2022."
That is followed by Childhood Cancer Awareness Proclamation and this one is, "Childhood Cancer
Awareness Month, September 2022, whereas childhood cancer is the leading cause of death by
disease in children, and 1 of 285 children in the United States will be diagnosed by their 20th birthday
with an average age of diagnosis being six years old. Whereas two-thirds of childhood cancer patients
will have a chronic health condition as a result of treatment toxicity with one-quarter being classified as
severe to life threatening. Whereas in the last 20 years, only four new drugs have been approved by
the Food and Drug Administration to specifically treat childhood cancer."
"Whereas the National Cancer Institute recognizes the unique research needs of childhood cancer and
the associated need for increasing funding. Whereas hundreds of nonprofit organizations at the local
and national level, including the American Childhood Cancer Organizations, are helping children with
cancer, and helping their families cope through education, emotional and financial support. Whereas
researchers and healthcare professionals work diligently dedicating their expertise to treat and cure
children with cancer, therefore proclaimed that the Mayor and the Council of the Town of Leesburg
Virginia, recognize September 2022 as childhood cancer awareness month and recognize Dr. Michael
Eblan for his community leadership and outreach efforts towards bringing attention to the facts about
pediatric cancer proclaimed is 13th day of September 2022."
That's followed by a proclamation for Constitution Week. This is September 17th to the 23rd, "Whereas
it is a privilege and a duty of the American people to commemorate the anniversary of drafting the
Constitution of the United States of America with appropriate ceremonies and activities. Whereas the
United States Constitution stands as a testament to the tenacity of Americans throughout history to
maintain their liberties, freedoms, and inalienable rights. Therefore, it is fitting and proper to accord
official recognition of this magnificent document and this memorial anniversary into the patriotic
celebration which will commemorate it."
"Whereas we recognize the Ketoctin Chapter of the Daughters of the American Revolution as accepting
this proclamation, whereas the tradition of celebrating the Constitution was started many years ago by
the National Society, Daughters of the American Revolution. In 1955, the DAR petitioned Congress to
set aside September 17th to the 23rd annually for the observance of the Constitution Week. Congress
later adopted a resolution to do so and the public law 915 was signed into law on August 2nd, 1956 by
President Dwight Eisenhower."
"Therefore proclaimed, that the Mayor and the Council of the Town of Leesburg and Virginia do hereby
proclaim the week of September 17th to the 23rd as Constitution Week in the Town of Leesburg and
Page 21 September 13, 2022
urge all citizens to study the Constitution and to reflect on the privilege of being an American with the
rights and responsibilities of that privilege. Proclaimed this day, September 13th"
The last one we have is, for Senator Charles Waddell. I will read this, but this will be mailed to his
children, "Whereas Charles Lindy Waddell served as a member of the State Senate for 33rd District
from January 12th 1972, to January 16th, 1998. Whereas Waddell also served as the Loudoun County
Board of Supervisors for the Broad Run District from January 1st, 1968, to December 31st, 1971.
Whereas he was a leader on transportation issues and served as a Senate Transportation Committee
Chair,whereas as a Transportation Chair,he created the Route 28 tax district,and he also campaigned
for legislation that ultimately resulted in the Dulles Greenway construction."
"Whereas Charles Lindy Waddell promoted legislation to provide free textbooks for Loudoun County
Public School students, and whereas he was a fervent advocate for police and fire departments, first
responders and environmental issues.Whereas Mr.Waddell also worked tirelessly to advance building
accessibility for individuals with mobility issues. Therefore, proclaimed, that the Mayor and the Council
recognize Mr. Charles Lindy Waddell's Lifetime Achievement and his passion for the advocate for
multiple causes that have benefited our community, proclaimed this 13th day." I will now go down and
present these and I will be right back.
Mayor Burk: Paula, would you come up and join us? Paula, this is so appropriate for you to be
accepting this today. If you read all that she has done in her career as a community activist, it has been
truly amazing.You are a liaison,a parent liaison in the public schools,you've worked for[unintelligible]
to help with community outreach.You do work for the Loudoun Free Clinic and that the work that they
do there is just amazing. There's also many other things that you've contributed to the community. It is
just phenomenal that you have done so much.
Not only are we giving you a proclamation in English, but we're also giving you a proclamation in
Spanish.There has been so many community activities that Paula is there. It's just wonderful that she's
able to help us outreach to the Hispanic community and to translate for us because that makes a real
big difference in the outreach. People really appreciate the fact that we're there and that you're helping
us.Would you like to say a few words about your community and what you've done?
Paula Callaghan: First of all, thank you very much, Mayor, Kelly Burk and all the staff that is here. It's
an honor for me to be here. I'm originally from Bolivia, South America, I came to United States in 2004.
I was mom at home. While I was mom at home, because I have a privilege that was working for us, I
started going in the community to learn a little bit more. My background is in public relations.That's the
degree that I have from Bolivia, but then I can start understanding a little bit the community,their needs
and everything. That's how I can now do the job that I do.
Of course, the support that we have through Kelly and people that they cannot believe in our job that's
what I can do because I need to give them the opportunity to people that they need that we can believe
on them. That's why we provide resources and that's why my advocacy is in there. Thank you very
much.
Mayor Burk:Thank you, Paula,that's just wonderful. Thank you very much,while you--
[applause]
Mayor Burk: Paula,would you check to make sure that I gave you the right one. I think I gave you one
of the wrong ones.
[silence]
Mayor Burk: I did. Okay.
Paula Callaghan:Yes
Mayor Burk: You got both of them, both of them? There we go. [laughs] Now I would like to ask Dr.
Eblan to please come up if you would. Dr. Eblan's work is extremely important and, of course, you will
Page 3i September 13, 2022
explain it to us in detail.The work that you do to help children is so significant, and the statistics that we
just gave as I was reading that proclamation, is just heartbreaking. Would you mind sharing with us
some of the things that you do and how you're involved with children dealing with cancer?
Michael Eblan: Definitely, thank you. Thank you, Mayor Burk, and the entire Leesburg Town Council.
It's truly an honor and a privilege to be here and it is so important this month and every month, every
day,to recognize childhood cancer awareness is an important issue.The startling statistic that only four
cancer drugs have been approved for kids in decades. As Dr. Mike Eblan of the (nova Schar Cancer
Institute, I'm one of our Radiation Oncology Specialists that treat our pediatric patients in this
community.
I'm also the Medical Director out here at the (nova Loudoun, Department of Radiation Oncology. It is
just a privilege to work at the (nova Schar, being able to offer the resources that we have for the people
in this community and across Virginia.We are a dedicated team of pediatric specialists that have access
to international and national cooperative group trials to develop the new technologies and the cutting-
edge treatment to treat pediatric malignancies, and that's important. We're also the only center in
Virginia to offer the latest technology for radiation, which is proton therapy. When I joined the practice
here six years ago, unfortunately, I was taking my kids out of state to Baltimore, or Philadelphia or
Boston, because this specialized technology was only available there.
Protons is very precise form of radiation that can kill the cancer cells while sparing the normal tissue.
That's so important for kids who are growing and developing,to minimize the side effects of their cancer
treatment during the treatment, but also long term as they survive and thrive after their diagnosis. Our
first patient that we treated, there was a pediatric patient,who was 15 with lymphoma. It was just such
a privilege and honor to be in a community where we could finally offer this life-saving and important
treatment for our patients. One of the things that also is an honor, is we have a dedicated child life
specialists that are committed to the family and the patients to navigate them through this really difficult
time in their lives.
In closing, this is an important month to remember the bright lives we've lost, be there to support the
families,friends,communities that still grieve, and just recommit ourselves to the fight against childhood
cancer. I thank you Mayor Burk,the Town Council for allowing us to be here today and raise awareness
of this very important issue.
Mayor Burk: Thank you, [unintelligible]. Thank you very much.
[applause]
Mayor Burk: The next one is the proclamation for our Constitution Week. Gayle Lovato is going to
accept this. Gayle, could you explain a little bit about what the DAR is and why you are a partner.
Gayle Lovato: The Daughters of the American Revolution was established in about the 1890s by four
women who just felt they needed an organization to really help Americans remember why we're here,
and what we're about, how our system works. Constitution Week, they thought that up, and then
President Eisenhower signed it into law. It's just good for us to remember some time, how it all started
and where it all started, particularly in election year,which is every year in Virginia, apparently.
I would say too, if you ever have the opportunity, and you're traveling in Central Virginia, Montpelier,
James Madison's home, [unintelligible], is there, I think, in Orange County. They've done a lot of
reconstruction, it's really well done. Upstairs is his little study with a desk, and there's a window that
faces the blue ridge. He sat there and wrote the Constitution. Every constitution written in the world
since then, is based on that document, it's an important [unintelligible].
Mayor Burk: Wow,thank you. Isn't there something about that you have, there are some relatives that
fought in the--
Gayle Lovato:Yes, and you better prove it. In order to be a daughter of the revolution, you better be a
daughter of the revolution. Genealogy is very big in this organization, you have to prove that you had a
patriot that supported the revolution, and I do. He's buried in Loudoun County, so, hometown guy.
Page 41 September 13, 2022
Mayor Burk:There you go. Thank you very much, Gayle. We appreciate you being here.
[applause]
[pause]
Mayor Burk:All right.There's no presentations for tonight,do we have any regional commission reports
from anybody?
Chris Spera: The motion.
Mayor Burk:Oh,the motion,thank you.We need a motion to proclaim Hunger Action Month. Do I have
a motion for that?
Council Member Zach Cummings: So moved.
Mayor Burk: Move by Council Member Cummings, seconded by Council Member Steinberg. All in
favor?
Members:Aye.
Mayor Burk: Opposed?All right,that passes 7-0,thank you.We have no proclamations.We have any
regional commission reports? That will take us to our petitioner section. 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 for the taped record.
All public speakers will be requested to state their name and spell it for the purpose of close captioning.
In the interest of fairness,we ask you to observe the two-minute time limit. The green light on the time
limit will turn yellow when you have one minute remaining. At that time, we would appreciate you
summing up and yielding the floor when the bell indicates that your time has expired. Under the rules
of orders adopted by this Council, the time limit applies to all. The first person speaking tonight is Lee
Thompson. Hello, Mr. Thompson.
Lee Thompson: How are you, [unintelligible] Council. Thanks for hearing, I guess, issues that we're
having with the Cedar Walk Circle and Fort Evans Road. There's an issue that we have in our
development. As we're coming out of our development, obstructions where we can't see no vehicles
coming. Whether it would be bushes, or trees, or anything which there is there right now, vehicles that
are lined down the road especially if we're making a left-hand turn.
I was thinking, is there any type of way that something can be done, removing some spaces or
something or adding some type of speed bumps or something to slow traffic down?Another big thing
also is traffic. There's a lot of traffic that runs through there and sometimes a lot of traffic exceed the
speed limit. They've been going so far around about sometimes 30, 40 miles an hour and it's really
dangerous as all of our neighbors. [unintelligible] my neighbor's right here actually. You're really
putting your life in your hands.
Mayor Burk: Could you speak closer to the mic, please?
Lee Thompson:You're really putting your life in your hand coming out of our development. I speak for
all of our neighbors that live there. It seems like a really bad issue and it has to be resolved.
Mayor Burk: Mr. Thompson, you didn't sign an address, or a number, or anything. Could you get with
the Clerk and give some contact information so that we could follow up with you?
Lee Thompson: Sure.
Mayor Burk:All right, thank you very much.
Page 51 September 13, 2022
Lee Thompson:Thank you.
Mayor Burk: Mr. Thompson is followed by Dennis Boykin who is followed by Spencer Bishop.
Dennis Boykin: Thank you, Madam Mayor, members of the Council. Dennis Boykin 1302 Barksdale
Drive, and that's kind of dumb because you all know where I live and who I am. I am, for the first time
since four Mayors ago, up here speaking individually and not as a member of an organization. It seems
that we have an issue with FOIA compliance in the Town with a proliferation of a lot of new electronic
devices and use of email addresses.
It's something that I think the Council should consider. Something that I took on from three Town
Attorneys ago, which I discussed with Mr. Spera when I filed my complaint last week was that every
time I received email, the personal address which I know you guys do because it's really annoying, it's
the only email people know and so they'll send the Town business on that, is to copy your Town email
address and the response back or at the very least retain your records and have somebody from the IT
department do the search with you.
I found out that not everybody understands how those work and I'd like to suggest to the Council that
that's something to be considered in the future. You need to look at that policy because I did discover
that somebody didn't have all the emails that I had requested and 50%of the search terms covered that
particular email and there was only a four-day stretch between the email and the FOIA so, it wasn't like
the email was a long time ago. That's my pitch to you tonight, think about that, I'll have some more
writing on that here in the future and suggest a policy change for you. Thank you.
Mayor Burk: Thank you, Mr. Boykin. Spencer Bishop.
Spencer Bishop: Spencer Bishop 167 Cedar Walk Circle, Northeast. Basically, I just want to back up
what he said and reiterate the same point that there's a chronic traffic issue going on and a lot of
speeding, a lot of difficulty having other members of the community abide by traffic laws and stopping
at the stop sign. It's a neighborhood with many children and bus stop areas. My wife and I are constantly
walking through the neighborhood and seeing things like people going through the stop signs almost
hitting us.
We've almost been hit on foot and in our car, numerous times.The visual obstruction is part of the issue
for sure but I think just, maybe some sort of additional patrolling or monitoring of that area would be
appreciated because it doesn't seem like no one gets cited for these issues.
Mayor Burk: Thank you. Thank you very much.
Spencer Bishop:Appreciate it.
Mayor Burk: Mary, did you wish to speak?
Mary Speidel: Sure, Mary Speidel, Spencer's wife. I am a frequent pedestrian of that sidewalk. I run
that loop on a daily basis and there's not a single week that goes by that I don't experience a hand I
had to put out, because people aren't even seeing you because they're going through the crosswalks
that are very visible, they're well painted. There's just no adherence to it. I would say it's primarily on
our side of it coming out from the other direction we don't see the problems just as much. Our school
has ramped up and I'm seeing it happen, egregiously, [unintelligible] and I'm usually with my dogs,
I'm having to get in front of my dogs to protect my dogs when I'm running. I don't really enjoy that.
We'd love if there was something that was done, whether it was flashing lights, speed bumps. I don't
know what the solution is, but I do feel like a lot of people use Fort Evans as a pass through or frontage
to navigate the traffic at that corner. The CVS corner is a really problematic intersection as well as
probably one of the most dangerous intersections that I experience as we try to get to the W&OD. As
many people are crossing out into that area, I think it's also really important to understand the amount
of pedestrians there versus other parts of Town.
Page 61 September 13, 2022
Mayor Burk:Thank you. Thank you very much. Steph,when we--there is nobody else that signed up.
Is there anybody that would like to speak that didn't have a chance to sign up? Seeing no one I will
close the petitioner section and we will move on to the approval of the consent agenda.At the consent
agenda, is there anyone that wants anything removed at this point or anything?Anybody take anything
off? Do I have a motion to accept the consent agenda? Vice Mayor Martinez moved it, is there a
second?
Council Member Ara Bagdasarian: Second.
Mayor Burk: Seconded by Council Member Bagdasarian.All in favor indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed? For the public, I will read it out,just the title,what we just approved. 12A which
was the Upgrade of the M365 Licensing from G3 to G5. B, the Hauling and Disposal Services of Non-
Stabilized Sewage Sludge Waterway and Grit Screening and Scrub.That sounds lovely. G Engineering
Design Services for Debris Screen at the Water Pollution Control Facility. D Long Term Disability
Insurance Contract. C 2022 Paint the Plow Contest. F Engineering Design for the Leesburg Bypass
Waterline.G Appointment to the Thomas Balch Library of Scott Billigmeier.We have a vote that passed
7-0.
Resolutions.We will go through these each one.We need to set a voting member for the 2022 Virginia
Municipal League Business Session. Do I have a motion?
Council Member Steinberg: [unintelligible].
Mayor Burk:Yes.
Council Member Steinberg: [inaudible].
Mayor Burk: Council Member Steinberg nominates.
Council Member Steinberg: I nominate Vice Mayor Marty Martinez.
Mayor Burk: Mr. Martinez. Is there any other nominations, anybody else at this point? I'm looking over
to see if I'm doing something wrong.
Eileen Boeing: Is Mr. Martinez the delegate or the alternate?There's two positions [crosstalk].
Mayor Burk: Well, right now we're doing the delegate.
Eileen Boeing: Thank you.
Mayor Burk: Mr. Martinez has been nominated.All in favor indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed? That passes 7-0. Now, we're looking at an alternate. Does anybody have a
nomination for that?
Vice Mayor Martinez: I'd like to nominate Neil Steinberg.
Mayor Burk: [chuckles] Council Member Steinberg has been nominated. Is there anybody else that
would like to be nominated?
Council Member Fox: [inaudible].
Page 71 September 13, 2022
Mayor Burk: Council Member Fox would like to be nominated. All in favor of the alternate for Mr.
Steinberg indicate by saying aye.
Mayor Burk: That's Mr. Steinberg, Mr. Cummings, Mr. Martinez and Ms. Burk and Mr. Bagdasarian,
So Council Member Fox...
Council Member Fox: [unintelligible].
[laughter]
Mayor Burk: I didn't want to leave you out.Approve a Planning for Annexation of Territory to the Town
of Leesburg. Is there a motion on that one?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Second.
Council Member Bagdasarian: Second.
Council Member Nacy: Second.
Mayor Burk: Seconded by Council--you guys want to fight it out? Council Member Nacy. Is there any
discussion at this point on this topic?
Council Member Fox:Yes.
Chris Spera:We want presentation on it.
Mayor Burk:Anybody--
Council Member Fox: I just have one question and it's for the record because I did clarify this earlier.
The provision that if we initiated an annexation,that there will be a 10-year moratorium on us being able
to do it again, that applies just to the Town not to a private property or who would want to come into the
Town. Is that correct?
Chris Spera: That's correct.There are two types of annexations, one that is initiated by a government
body, another that's initiated by property owner. The 10-year moratorium, when a municipality initiates
an annexation, that applies only to government-initiated annexations. If a private property owner were
to initiate a private property directed, there's a separate section of the state code in 15.2-3200, that
allows a private property owner to petition to be in a jurisdiction. That's a property owner initiated
annexation,that is not subject to the 10-year prohibition.
Council Member Fox: Are we able to handle-- what if somebody came to us with an annexation
request,while we're going through what we're about to vote on?
Chris Spera: Once you file and take it to completion, then the 10-year bar would apply?
Council Member Fox:That's not what I mean. If somebody came to us,while we were working through
this annexation that we initiated, how would that work?
Chris Spera: Essentially, what you're saying is, could you amend your petition to include a different
property?
Council Member Fox: No.You said--
Chris Spera: Could we commence a second annexation,while the other one is pending.
Council Member Fox:Yes, is that allowed or no or is it prudent?
Page 81 September 13, 2022
Chris Spera: No, it is neither allowed nor prudent. Again, if a property owner were to initiate it
themselves, as opposed to asking us to initiate a second one, that is not barred. The property owner
initiating it.
Council Member Fox: They don't have any restrictions on when they initiate.
Chris Spera:That's correct.
Council Member Fox:Thank you.
Chris Spera:Any other questions?
Council Member Nacy: I just have a quick question.What happens in all of this if we have our meeting
with the County and we can come to an agreement,finally, do we just ditch?
Chris Spera: The overwhelming majority of cases are resolved by agreement and not by final
adjudication. I know that in the statements that you have authorized us as staff to make and the
statements that the Mayor made herself, I know, that is our preference and I want to be as clear as I
can be in the public setting tonight, that is certainly my preference as well, that we are able to work
something out. What this allows us to do is continue those discussions with the County but have a
parallel track in the event that those discussions are not fruitful.
Council Member Nacy:Thank you.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: If we settle before we go to court, would we still be able to annex another time
within those 10 years or by filing for annexation,we get that 10-year moratorium?
Chris Spera: My understanding is that the bar would not apply if you resolve it amicable. That is my
understanding.
Vice Mayor Martinez: Thank you.
Mayor Burk: Does anybody need to see the presentation? We've seen it multiple times already.
[chuckles] I don't think there's a will to see the actual presentation.
Chris Spera: Which is 100% fine. I have been here long enough to know never to set foot in Council
Chambers on an item that is mine without having one loaded, in case we need it.
Mayor Burk: Smart move. That being the case,we have a motion from Mr. Martinez and second from
Ms. Nacy to Approve the Plan for Annexation of Territory to the Town of Leesburg.All in favor indicate
by saying aye.
Members:Aye.
Mayor Burk: Opposed?That passes 7-0. Next one, Data Center.
Kaj Dentler: Mayor, before you go to the next one, there was one follow up item related to the
annexation, action to formalize who would be assigned to meet with the County in conversations. The
plan was to have two members of Council and then to rotate at least one of those two each time. If you
would identify for me who those people are, on Council, then I will work with those Council Members to
find mutual available dates versus trying to do that tonight.
Mayor Burk: We did this previously. We voted on this previously and it was the Mayor and Mr.
Steinberg.The next one was the Mayor and Mr. Cummings.The next one was the Mayor and Ms. Fox.
The next one was--who was the last? I can't remember who was last. It was Fox-- I think you were last,
now that I think about it.
Page 91 September 13, 2022
Council Member Bagdasarian: I can't be last.
Mayor Burk:You can't be last?
Council Member Bagdasarian:Yes, I was last.
Mayor Burk:You're last.
Vice Mayor Martinez: I'm just saying because I'm[inaudible]that it would be better if I take myself out
of the running.
Mayor Burk: I believe that it was Ms. Nacy and Mr. Bagdasarian.
Council Member Bagdasarian: I'm last, [unintelligible].
Mayor Burk:Yes.
Council Member Bagdasarian: I'm out now.
[laughter]
Mayor Burk: Hopefully,we won't have to go very far.
Kaj Dentler: Great, thank you. Then I'll work with everyone to find available dates and then submit
those dates to the County for their decision on what they want to do.
Mayor Burk:Thank you.
Vice Mayor Martinez: [unintelligible] point, and I can't be in there talking to them.
Mayor Burk:You could stay.
[laughter]
Mayor Burk: All right. The next one is the Data Center, Zoning Classification, and Design Standards.
Is this you Mr. David?We discussed this last night at length.We did give specifics as to what we hoped
that you would include in the zoning changes.
James David: Yes ma'am.
Mayor Burk: Did you leave that meeting feeling that you knew exactly what we want and how we want
you to carry it out?
James David: Yes, ma'am. I thought the discussion was excellent, and we took diligent notes and we
have a good direction forward.
Mayor Burk:All right, is there anything anybody wants to--
Vice Mayor Martinez: Don't we have to move it then.
Mayor Burk: Vice Mayor Martinez moved it, seconded by Council Member Steinberg. Is there any
questions or concerns at this point? No, all right.
Council Member Fox: I did have a comment. I thought about what we did last night and I don't mind
it. I did opine,though,that I think it might be premature for the standards, although we need them. I feel
like a designation is in order, but we went through all these things last night,we don't want it to look like
this,we don't want it to be near this, and so. I feel like there needs to be a little bit more discussion and
Page 101 September 13, 2022
not in a vacuum. We shouldn't be doing this.We should be pulling in the stakeholders for this. Number
one.
Number two, I just want to point out that we did pass on a property that would have fit the bill for all of
this. I just wanted to put that on record as well. I think we should divide the question,set the designation,
and wait on the design standards.
Mayor Burk:Are you making a motion?
Council Member Fox: I make a motion to split this question, go ahead and vote on the zoning
designation and then get input on the design standards and then set those.
Mayor Burk:Are there any questions on that?Then is there a second?
Vice Mayor Martinez: I'll second.
Mayor Burk: Mr. Martinez seconded it. Is there any discussion at this point, Mr. Steinberg?
Council Member Steinberg: I thought we made it fairly clear last night,that basically all we're doing is
initiating the conversation and gathering information. I'm not quite sure what the advantage is, at this
stage about dividing a question when all we're doing is gathering information.
Mayor Burk: Mr. Cummings?
Council Member Cummings: I was planning to speak to the original motion, so I will wait for that,
sorry.
Mayor Burk: You want to wait. Mr. Martinez, your lights on? Anybody on this side? I agree with Mr.
Steinberg on this. I think it's important to start the process. We're not voting on anything, we are just
gathering the information. I'd like to have as much information as we move forward, so I'm okay if we
do it as a whole. We do have a motion for Ms. Fox and seconded by Vice Mayor Martinez, who would
like to split the question between the zoning classifications voting on that separate from the design
standards. Are there four people that would like to do that? Ms. Nacy, Mr. Bagdasarian, Ms. Fox, Mr.
Cummings, and Mr. Martinez.
Opposed would be Ms. Burk and Mr. Steinberg. The first one is the data center zoning classifications.
Do I have a motion for that?Vice Mayor Martinez,seconded by Council Member Cummings.All in favor,
indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed?That passes 7-0.The design standards, all in favor--do I have a motion? Got
to get a motion first. Moved by Council Member Bagdasarian, second? Seconded by Council Member
Nacy. All in favor of initiating the amendment for the Zoning Ordinance establishing use design
standards, [laughs] all in favor indicate by saying aye.
Members:Aye.
Mayor Burk: That's Mr. Bagdasarian, Ms. Burk, Mr. Martinez, and Mr. Steinberg. Opposed? Ms. Fox,
Mr. Cummings, and Ms. Nacy. Well, then it goes forward with the two classifications and design
standards.All right.
James David: Thank you.
Mayor Burk: I do want to recognize that the Planning Commission Chair did send me an email asking
us to be specific, and I informed her that we had a very in-depth discussion last night so you might
share with her what we talked about in coming meetings.
Page 111 September 13, 2022
James David:Thank you.
Mayor Burk: All right. We have public hearings now. Public hearing number one. This is the
appropriation of the American Rescue Plan Act Funding Second Tranche. I will call to order this
September 13th, 2022 public hearing on the Leesburg Town Council. Unless there is an objection, I will
dispense with the reading of the advertisement. If you wish to speak,we ask that you either sign up on
the sheet in the hallway outside of 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 observed the five-minute time limit. The green light in
front of you will turn yellow at the end of four minutes, indicating that you have one minute remaining.
At that time, we would appreciate 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 five-minute time limit applies to all citizens.
However, rather than having numerous citizens present remarks on behalf of the group,the Council will
allow the spokesperson for the group a few extra minutes. For that instance, we would ask speakers,
when they sign up,to indicate their status as spokesperson,the group they represent, and the request
for additional time.
Our procedure is, first, there will be a brief presentation by staff about the item before us, second,
members of the public that signed up to speak will be called and given three minutes to make their
comments.The public hearing item on the agenda tonight is the appropriation of the American Rescue
Plan Act Funding Second Tranche. Hello.
Clark Case:Good evening Mayor Burk,Vice Mayor Martinez, Council Members,members of the public
here in the Council Chambers, or viewing from home. My name is Clark Case, I'm the Director of
Finance and Administrative Services for the Town. I'm here to do the introduction for the American
Rescue Plan Act of 2021 known as ARPA for the appropriation of the second tranche public hearing.
The US Treasury Department granted the Town $5.9 million out of ARPA funding. The Council voted
last year to appropriate the first half tranche to lost revenue with the expectation that the second tranche
would also go to that when it was received. The ARPA funding has a safe harbor that allows the Town
to allocate up to$10 million without any real significant additional work in terms of the grant reporting.
The Town only got 5.9 so it makes sense for the Town to allocate that to its actual revenue losses. Most
of the Town's revenue losses during the pandemic were from reduced facility operations at Ida Lee and
canceled or closed events for recreation. That was well over$6.2 million. The allocation of the ARPA
to the lost revenue from the Town helped the Town keep the Ida Lee facility open and operating and let
us keep the staff employed.
Having taken this approach, it gives the Town a lot of flexibility of what to do with this one-time money
that came out of the pandemic years. Why are we here? The Virginia Code requires that if the Town
Council wants to appropriate more than 1%of its original approved budget, it must hold a public hearing.
The $2,963,836.50 is more than 1% of the original approved budget so we are here to conduct that
public hearing. The proposed motion in front of Council is on the screen. I'm willing to answer any
questions, anyone may have.
Mayor Burk:All right, Ms. Nacy.
Council Member Nacy: I don't have a question per se, but I will just do a last ditch effort to advocate
for a back bonus to our Town staff, with a priority to the first responders during the pandemic who
worked while the world shut down and put themselves at risk. I would be willing to look at a graduated
bonus system so that every Town staff member got one, but with obviously the larger amount going to
our first responders, our police, and our utility workers, those who had to continue to work in whatever
the difference you know of that would be.That's my comment/last ditch effort.
Mayor Burk:All right. Mr. Bagdasarian.
Page 121 September 13, 2022
Council Member Bagdasarian: No comment.
Mayor Burk: Mr. Martinez. Ms. Fox.
Council Member Fox: I'll go ahead and make the motion if nobody else has a comment.
Mayor Burk: Mr. Steinberg. Mr. Cummings. Ms. Fox.
Council Member Fox: I move to approve the supplemental appro-
Mayor Burk: Stop. Stop. We can't do that yet. We got to ask the public.
Council Member Nacy: Oh, I'm sorry.
Mayor Burk: Even though we don't have anybody,there is nobody from the public who has signed up.
Is there anybody that would like to speak that didn't sign up? No? Okay.
Chris Spera: Close the public hearing.
Mayor Burk: I'm going to close the public hearing. I think Ms. Fox has something.
Council Member Fox: Thank you. Yes, sure. I move to approve the Supplemental Appropriation of
ARPA Funding totaling $2,956,836.50 in fiscal year 2023 for the reimbursement of lost revenue
attributable to the economic impacts of the COVID-19 pandemic.
Mayor Burk: Is there a second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg.Any comments?All in favor, indicate by saying
aye.
Members:Aye.
Mayor Burk: Opposed.That passes 7-0. Thank.you, Mr. Case.
Clark Case: Thank you.
Mayor Burk: Next one is, I call to order the September 13th,2022 public hearing on the Leesburg Town
Council, unless there's an objection, I'll dispense with the reading of the advertisement. If you wish to
speak, we ask that you either sign up on the sheet in the hallway outside of Council Chamber, but if
you did not get the opportunity to sign up, we will give you the opportunity to speak.
In fairness,we also ask that you observe the three minute time limit.The green light in front of you will
turn yellow at the end of three minutes of two minutes indicating that you have one minute remaining.
At that time we would appreciate your summing up and yielding on the floor when the bell indicates
your time is expired. Under the rules of orders adopted by this Council, the three minute time limit
applies to all citizens.
However, rather than have numerous citizens present remarks on behalf of the group, the Council will
allow a spokesperson for 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 is a brief presentation by
staff about the item before us. Second, members of the public that have signed up to speak will be
called and given five minutes to make their comments. The public hearing item on the agenda tonight
is for TLOA-2021-004, use standards for doggy day care with or without accessory overnight boarding.
Yes.
Page 131 September 13, 2022
Scott Parker: Madam Mayor, Members of Council, Scott Parker with the Planning Department. This is
TLOA-2021-0004. As Madam Mayor said, this is amending Zoning Ordinance section 9.3-12. This is
use standards for doggy day care. The proposal for you this evening is to add two new use standards
to the already existing doggy day care use standards that we have in the ordinance. The amendment
was initiated per Town Code by--sorry, per the Zoning Ordinance by the Planning Commission on May
20th, 2021 and approval was recommended 5-1-1.
Subsequent to that,the Planning Commission had a public hearing on July 7th,2022.The approval was
recommended 5-1-1, where they set staff forward to come up with some additional use standards as a
result of some cases they've had before. The PC amended the recommendation to add the word
minimum before 75 square feet as it pertains to the ordinance, I'll go over that in a moment. A little bit
of background, doggy day care was added to the Leesburg Zoning Ordinance by the Town Council in
2020,they added a definition and they added eight use standards for this section under 9.3.12.2.Those
particular use standards are in the ordinance that you have, so what we have before you this evening
is an addition of two use standards that were approved by the Planning Commission.
The first is that the doggy day care shall maintain a ratio of one staff person for every 15 dogs in the
facility,exclusive of kennels for overnight boarding.Then the second use standard proposed for addition
is provide a minimum of 75 square feet of indoor play area per dog, using the space at any one time,
regardless of the size or weight of the dog, exclusive of overnight kennel for boarding. A little bit more
background doggy day care is an expanding and a more popular use. It's getting more popular as the
years go by. It's typically regulated under kennel section; Loudoun County regulates it under kennels.
Most places it's a by-right use. Loudoun County, it's a by-right use, Fairfax,Arlington. Doggy day cares,
not kennels.
The new legislation was specific to doggy day care for Leesburg is rare,but it is becoming more popular,
more jurisdictions across the country are considering because of the popularity, adding doggy day care
as a specific use to the ordinance and not representing it specifically under kennels. Most jurisdictions
do allow doggy day care by-right in most of their commercial areas. Leesburg is unique because we
regulate it as a separate use with the definition.
It may actually, based on my research, even without these definitions, be one of the more restrictive
regulations in the State for that reason,that it's an individual use with individual use standard. The new
amendments that were crafted were based on various research that I did across the country with various
jurisdictions. I have a host of research that I did. The one thing that should be pointed out is that since
these are use standards, they are modifiable based on individual cases through the special exception
process.
Doggy day care is a special exception, no matter where, and the legislative approval process based on
specific circumstance would be able to modify if justification was provided and the legislative body saw
fit to do so. That is where staff came down with the Planning Commission on this was the addition of
the two new use standards. I must point out at this time that with your resolution that you have, there
is, I remember the former Town Manager used to say, "The devils in the whereas,"and I left one of the
whereas clauses out of the resolution, it's not substantial.
I forgot to put in there, "Whereas the Planning Commission held a public hearing on July 7th,"that can
be amended before Madam Mayor signs it,should the legislation get approved this evening. I can work
with Eileen to do that. That includes my presentation and I have some motions up there on the screen
for you. I am willing to answer or entertain any questions you might have at this point.
Mayor Burk:All right, Mr. Bagdasarian.
Council Member Bagdasarian: Oh, yes. Thank you, Mr. Parker. If we could take a step back, what
initiated those two additions to the zoning?
Scott Parker: The impetus for this coming forward was the approval of the Playful Pack, Doggy Day
Care at the Village of Leesburg, the Planning Commission had recommended denial for that and
Council approved it. After that happened, the Chair of the Planning Commission discussed trying to
Page 141 September 13, 2022
increase the regulations on doggy day care. That was the impetus for this beginning to be initiated at
the Planning Commission level.
Council Member Bagdasarian: Have there been safety concerns with doggy day care in Loudoun
County or in the Commonwealth?
Scott Parker: My research has indicated that there has not been there. It has not been problematic.
There has been some issues in Massachusetts and in a couple of sporadic locations, but as far as
Leesburg and Loudoun County, there have been no complaints or any problems that I am aware of. I
don't have any information with complaints from the State.
Council Member Bagdasarian: Do we know if there are best practices in the number of employees
per number of dogs like the one per 15 and the number of dogs per square foot,are there best practices
that the industry in general adheres to or is that all over the place?
Scott Parker: It seems that based on my research that this is in the ballpark, I polled some local
businesses, particularly Playful Pack. They have four locations.The 75 square feet per dog came from
the ASPCA as well as a veterinarian's group that had that recommendation for future ordinances going
forward. The staff-to-dog ratio is also recommended by the ASPCA and is being proposed to be
included in Colorado and Connecticut State ordinances.
It seems that the staff-to-dog ratio is something that is accomplished by most doggy day cares of in
particular a couple that I've talked to is that since it's so different, the amount of dogs that you have at
any one time in the given facility, they will have people that will be able to be assigned should it be
necessary to accommodate that at busy times or so forth. It does seem that the industry does very
much because of the prices they charge quite frankly, self-regulate themselves,to the point that people
don't like what the offering is that they'll go somewhere else.
Council Member Bagdasarian: Precisely, my concern is over-regulating something if it's not
necessary, if there isn't a clear problem that needs to be solved, I'm hesitant, but thank you for the
background.
Scott Parker:Yes, sir.
Mayor Burk: Ms. Nacy.
Council Member Nacy: He just asked and answered many of them.
Mayor Burk: Okay. Mr. Steinberg.
Council Member Steinberg: Thanks, Scott. Council Member Bagdasarian asked the question that I
was going to ask regarding what precipitated the action. Out of curiosity, since the use itself was a
special exception,should an applicant also then request use standard modification that doesn't add any
additional burden that would all occur under the same special exception consideration, is that correct?
Scott Parker: That is correct, sir.
Council Member Steinberg: Okay. I also did a little research and came up with the exact same
numbers you came up with, about the 70, 75 square feet and the one staff member per 15, one of the
exceptions I came up with was should any facility cater to smaller dogs or the toy breed then that could
be modified. I'm not sure that we necessarily need to be emulating what the County does or even the
State does. I realize this is a business model, but I would also think that the dog owners, pet owners
would like to be assured that the facility is operated at least in a minimal standard manner, and that
might make it actually more attractive as an option for some people as opposed to not. Okay. Thanks.
Mayor Burk: Ms. Fox.
Page 151 September 13, 2022
Council Member Fox: I just have a quick clarifying question. In both of these use standards you have
ending with exclusive of accessory kennel for overnight boarding,just to clarify,that means 15 dogs for
the facility, not including overnight boarding, correct?
Scott Parker:That is correct because you're allowed to have an accessory overnight kennel with doggy
day care. If that aspect of a doggy day care as part of it such as Playful Pack, that is exclusive of that,
it pertains specifically to the doggy day care business only.
Council Member Fox: Okay.We have different standards for overnight already established.
Scott Parker:Yes, ma'am.
Council Member Fox: Okay. I just wanted to clarify it. Thank you.
Mayor Burk: Mr. Cummings.
Council Member Cummings: Yes. I wanted to ask you, and I apologize for the repeat question. Mr.
Bagdasarian asked about the impetus to having this discussion. Can you lay that out for me one more
time?
Scott Parker: The Council passed the doggy day care ordinance, and after that was passed, we had
an application for the Playful Pack at the Village of Leesburg that went into the old SwimKids location.
It went through the special exception process through the legislative process per the ordinance. There
was one modification that was to allow dogs to go in and out of the back through a back door, but the
Planning Commission recommended denial for that.
They thought it was too intense and that there were other issues with it, and it was forwarded with a
recommendation of denial to the Council who ultimately approved it. Subsequent to that, and the chair
of the Planning Commission had garnered interest by the Planning Commission to initiate an ordinance
amendment to add or strengthen in some form or fashion with a ratio type of a thing towards the
ordinance.
Council Member Cummings: The Chair asked for this because of complaints that were received by
the Town or by the ASPCA or somebody.
Scott Parker: No, sir. Not to my knowledge. There has been no complaints to my knowledge. I've
looked through zoning cases, there have been no complaints about any. We don't have that many
doggy day cares in the Town.We only have a couple, but that was not precipitated by complaints.
Council Member Cummings:Okay. Were you able to find any restrictive regulations like what we're
talking today that localities have put into their ordinances?
Scott Parker: Localities? No. Both of the standards that I'm talking about will potentially become state
law in states, Connecticut, and Massachusetts.
Council Member Cummings: These states are passing this sort of regulation?
Scott Parker: That is correct.Although the ASPCA and this vet group that I had referenced in my staff
report is encouraging that if local jurisdictions start adopting these, which they may do, that these be
the standards that they include with that.
Council Member Cummings: During the discussion with the Planning Commission, was this a safety
issue for the dogs? I have a dog. I love my dog. Was that what the impetus to push this was, for the
safety?
Scott Parker: Yes, sir. I would say that.
Page 161 September 13, 2022
Council Member Cummings: Okay.This Zoning Ordinance change will affect current doggy day cares
in operation, correct?
Scott Parker: No, sir. The current Playful Pack, which this would be mostly effective as well as others
would be considered legally existing nonconforming locations. Playful Pack would not be affected by
this.
Council Member Cummings: If this is about safety,then how are we going to protect the dogs that go
to the Playful Pack?
Scott Parker:This particular ordinance will apply to future locations not existing. I did ask the owner of
Playful Pack, how this would affect his business. He said the dog-to-staff ratio is not a problem because
of that model that I told you about them having a floater at busy times. He says that during the busiest,
he says that the per square foot requirement is not a problem now that they're recently opened, he said
he probably would not be able to meet that at his other location.
Council Member Cummings: Can I ask one more time just to walk me through the impetus to get us
here, of why the Planning Commission pushed this forward?
Scott Parker: The Town of Leesburg passed the Doggy Day care Ordinance by the Town Council.
Under that ordinance, Playful Pack was one of the first that came through. They were actually behind
the ordinance amendment. They were before that and when it went to the Planning Commission, they
thought that the use was too intense and they recommended denial of the ordinance or of the Playful
Pack special exception to Council and Council approved it.
Subsequent to that, or after that happened, discussion began about strengthening the doggy day care
regulations as far as space requirements go and staff-to-dog ratios. That's when it was initiated,
ultimately by the Planning Commission for an ordinance amendment. I said that three times in a row
and I didn't change either.
Mayor Burk: I know, you're good. Well, I have some questions for you.
Scott Parker:You can go. Don't worry about it.
Mayor Burk: I called a couple of day care places for dogs and a couple of vets to talk to them about
this. One of the vets explained to me the reason that this particular ordinance of this type are being
recommended now is because the model has changed. It used to be, if you took in dogs, you would be
out in the country somewhere. Its now changing so that we are now having retail locations for these
new places.
That's where he saw the need because of the change in the model for the doggy day care places. All
three of the people I spoke to and then the research I did come up with the same two inclusions because
of the safety of the dogs, but also the safety of the staff that was there. Just what you said, many of the
locations are very conscientious and do a very good job and already have those requirements in place.
We're looking at what are the ones that don't have it that are coming in and will have much less space
and won't have maybe the major interest in safety of the dogs and the staff.
This is not to penalize the model that we have forward because most of the doggy day cares are doing
this model. They're doing these requirements already. It really won't affect them or apply to them. It
won't be onerous to them because they are already doing it. It's to these other locations that perhaps
will not be as cautious, as careful, and as concerned about the dogs and the whole thing. I did ask
about kitty day care if they had requirements on them and they didn't even answer me on that one.
Is there anyone else who has any other questions at this point? Do we have a motion? Oh, no wait a
minute. No.This is a hearing, I forgot. Is there anybody in the audience that would like to speak on this
topic?Seeing no one and no one has signed up, I will close the public hearing.
Council Member Bagdasarian: Can I?
Page 171 September 13, 2022
Mayor Burk:Yes, you can ask another question.
Council Member Bagdasarian: Just for clarification, and as a dog owner [unintelligible], what are
the County standards when it comes to this? Is it true they're basically under the kennel guidelines?
Scott Parker:They are under kennel guidelines and doggy day care is considered a commercial retail
and is by right in most locations in the County.
Mayor Burk: Wait a minute, guys.Wait a minute.Are you going to ask another question?
Council Member Cummings: I was going to redo statements after we do the motion.
Mayor Burk: No, you generally do it whilst you're asking the question. If you want to do statements, go
ahead.
Council Member Cummings: I do have one quick question, then I'll make a statement. To the Town
Attorney, is it possible to make this Zoning Ordinance effective to all doggy day cares in the Town of
Leesburg?
Chris Spera: No.
Council Member Cummings: No.
Chris Spera: You cannot retroactively apply standards to uses that are already in place because they
are grandfathered legally.
Council Member Cummings:All right, perfect.Then I'll give a quick— I find this to be a slippery slope.
I think if this is truly about safety of dogs then we would find a way to do it for anybody operating in the
Town. I find this to be just too much regulation. It exceeds the County, exceeds the Virginia regulations,
which means if I'm a business owner looking to start a doggy day care, I'm going to put a big red circle
around Leesburg with an X through it. I'm going to go to the County or I'm going to go somewhere else.
If we do that with doggy day cares,what's to say if we make a decision that the Planning Commission
sounds like they don't like that they don't offer up more restrictive Zoning Ordinances for another
business that may come to the Town. I will be voting no on this because I believe it's an unneeded,
unnecessary regulation of an industry that the market regulates, as the Mayor mentioned, pretty well,
but most people are doing this already. We certainly don't need to lead the charge when there are no
complaints, no issues, no safety concerns that we've heard of up until this point.
Mayor Burk: Does anybody else have any comments they want to make?
Council Member Nacy: Sure, why not. Just to echo Councilman Cummings, I agree with everything
he said. I will add on to that, that I think when you open a business like this and you're trusting people
with basically a third child to a lot of people,this is like an additional family member.There are insurance
requirements and waivers and all kinds of things that where you're bringing your dog the business is
required to give you and to have and I think they're already keeping safety top of mind. I agree that
adding additional restrictions it's too much. It's too much regulation.
I think until the state maybe looks at it and they have been looking at dog issues if you've been following
anything with the Envigo lab beagles down in Southern Virginia, I think we'll just follow their lead.
Mayor Burk: First off, I have to disagree with you, Mr. Cummings, in that I don't think it's fair to suggest
that the Planning Commission is going to do anything differently or onerous. I think that they're taking
their time and trying to do what they perceive is best. I believe that's what they did here. These new
regulations are not onerous. The doggy day cares do them now. It's not that it's onerous or it's going to
chase any business away, because they already know that this is a standard that they should do and
so they do it. I don't see them as onerous.
Page 181 September 13, 2022
I see them as putting them on the record, so that if there is a particular organization or business that
wants to come forward that's not willing to do this, then we got a problem. I think it's important that we
look at these. As you say, they are furry babies to people. Some people, I think, love their dogs more
than they love their kids, and so I think we have to be very careful in that regard. This is just putting in
the record what should be done, but what is already being done. I don't see it at all as being something
that's going to discourage businesses. As I said, they're already doing it. The responsible doggy day
care places will have no problems with these. Mr. Steinberg.
Council Member Steinberg: No comments. I'll read the motion if you're ready.
Chris Spera: I thought Mr. Bagdasarian made the motion and then you guys had discussion after.Was
that incorrect? No. I missed that, I'm sorry.The one thing I want to be clear before Mr. Steinberg makes
the motion is that the motion is as amended by Mr. Parker with the additional whereas clause. You
recall that portion of his presentation?
Council Member Steinberg: Do I simply need to say as amended?
Chris Spera:As amended in the staff presentation.
Council Member Steinberg: Thank you.
Chris Spera: Would just include that in your motion?Thank you.
Mayor Burk:Then you need to make a motion.
Council Member Steinberg: Thank you. I move to approve proposed Zoning Ordinance Amendment
TLOA-2021-004 as amended by staff presentation dated September 13th, 2022 and included as
attachment one. Is that it?
Mayor Burk: As amended.
Council Member Steinberg: I thought I said that already.
Mayor Burk: Is there a second? I'll second it.Any other discussion?All in favor, indicate by saying aye.
Council Member Steinberg: Aye.
Mayor Burk:Aye.That's Ms. Burk and Mr. Steinberg. Opposed?
Members: Nay.
Mayor Burk:That is Ms. Fox, Mr. Cummings, Mr. Martinez, Mr. Bagdasarian,and Ms. Nacy.That does
not move forward.The next item is public hearing on the Town Code amendment to Chapter 34 Utilities
and Appendix B Fee Schedule. I call together September 13th, 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 Council
Chambers, but if you did not get the opportunity to sign up, we will give you the opportunity to speak.
In the interest of fairness, we also 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
is expired.
Under the rules of orders adopted by this Council, the five-minute time limit applies to all. However,
rather than have numerous citizens present remarks on behalf of the Council, the Council will allow a
person a few extra minutes. In that instance,we would ask speakers when they sign up to indicate their
status as spokesperson, the groups they represent in the request for additional time. Our procedure is
as follows,there's a brief presentation by staff.The members of the public who have signed up to speak
Page 191 September 13, 2022
will be called and given five minutes. The hearing tonight is on Town Code Amendment to Chapter 34
Utilities and Appendix B Fee Schedule.
Amy Wyks: Good evening, Madam Mayor, Vice Mayor, Members of Council. I'm Amy Wyks, Director
of Utilities, here to talk about Town Code Amendments to Chapter 34 of Utilities. Tonight, before you,
related to Council action, we're requesting you repeal Chapter 34 and the associated Chapter 34 and
Appendix B, the Fee Schedule, and adopt Chapter 34.1 and also adding 34.1 into the Appendix B Fee
Schedule. Then there's one section in Chapter 8 that references the current Chapter 34 that we would
just need to correct with adding it as 34.1.
Mayor Burk:Thank you.
Amy Wyks:The Town Code amendments were supported and reviewed by outside legal counsel.Greg
Haley from Gentry Locke supported the Department of Utilities in this review and recommendations.
The reasons for revising the Town Code is there's old language, internal consistencies, as it relates to
how we do actual practice. We want to enhance the ease of administration and enforcement, as well
as clarify and make the structure easier to understand in the Town Code.
In preparing the revisions, Mr. Haley along with Town staff tried to retain the existing language and •
structure to preserve continuity. He reviewed various jurisdictions in their Town Codes. He focused on
administrative revisions to make it consistent with our existing policies and practices.The New Chapter
34.1 implements best practices within the operations of utility system. Related to the fee schedule, as
you may know, Town Council previously adopted a five-year rate plan. There are no changes to the
existing water and sewer rates.
They're just going from Chapter 34 to Chapter 34.1. However, we did do one proposed change to the
fees and that's related to the hydrant meter rental deposit. That's where contractors can rent a hydrant
meter and use it on a hydrant meter for construction water. What we've found is that in the event they
don't return the meter and/or is damaged our current deposit of$1,000 and $250 is less than what the
actual meter costs.We're proposing to go to$1,200 for the larger meter and$300 for the smaller meter.
Again, in Chapter 8, Section 116, there's currently a reference to Chapter 34.
Again, we're just proposing to clean that up and have it become 34.1. As it relates to requests for
extension of utility service outside the Town's corporate limits, the proposed revisions there clarify the
existing application and process. We are not changing the current policy or process for out-of-Town
customers requesting service. Instead we're implementing and adding the historical standard language
that has been in resolutions when Town Council has approved such requests. Again, in overall we're
asking you to repeal Chapter 34, as well as Appendix B for Chapter 34, adopt 34.1, as well as the Fee
Schedule for 34.1, and amend that chapter eight section. With that, I'll open up with questions.
Mayor Burk: Anybody have any questions? [laughs] It was very good. You explained it very clearly.
Thank you.
Chris Spera: Madam Mayor, if I may just so that we are clear, this was a process where we worked
with Mr. Haley as well as my staff and, Ms. Wyks'staff. The goal was to try and have a code that held
together as a more unified body of law, as opposed to the current code, which has been amended
numerous times. There were some internal inconsistencies, rather than try and amend that existing
code, both Mr. Haley and I agreed that starting over and setting it all in a single unitary document was
the better way to proceed. I just wanted to add that to Ms. Wyks'very good presentation. Thank you.
Mayor Burk: Is there a motion? Oh, darn, public hearing. There's nobody that's signed up to speak. Is
there anybody in the audience that would like to speak? Seeing nobody that would like to speak, I will
close the public hearing. Is there anybody that would like to make a comment at this point?
Council Member Nacy: I'll make a motion.
Mayor Burk:You want to make the motion?
Page 201 September 13, 2022
Council Member Nacy: I move to approve the proposed ordinance to repeal Chapter 34 Utilities,Adopt
Chapter 34.1 Utilities, Repeal Appendix B Fee Schedule Sections 34 through 22 through 34 through
168, and Adopt Appendix B Fee Schedule Sections 34.1-107 through 34.1-265 and Amend Chapter 8,
Section 116.
Mayor Burk: Is there a second?
Council Member Fox:Yes.
Mayor Burk: Seconded by Council Member Fox. Any comments?All in favor indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed? That passes 7-0. Our last public hearing for the night. It's not the record, but
it's getting close. I call to order the September 13th, 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 in the sheet in the hallway outside of Council Chamber, or if you do not
get the opportunity to sign up that we will give you an opportunity to speak. In the interest of fairness,
we ask you to observe the five-minute time limit.
The green light in front of you will turn yellow at the end of four, indicating that you have one minute
remaining. At that time, we would appreciate your summing up and yielding the floor when the bell
indicates your time has expired. Under the rules of orders adopted by this Council,the five-minute time
limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of
the group,the Council will allow a spokesperson for the group a few extra minutes. In that instance,we
would ask speakers when they sign up to indicate their status as spokesperson, the group they
represent and the request for additional time.
Our procedure for the hearing is there is a brief presentation by staff on the item before us, members
of the public will have time to speak up and will be given five minutes to make their comments. This
public hearing is on the Acquisition of Land Rights by Condemnation for Construction of the Edwards
Ferry Road NE Sidewalk Improvement Project. Hello. [laughs]
Christine Newton: Good evening, Madam Mayor, Mr. Vice Mayor, Council Members. We are talking
about acquiring some last rights that are necessary for the construction of the Edwards Ferry Road NE
Sidewalk Improvements Project. I have Phil Jones,the Assistant Director of Capital Projects to help out
with any questions about the project. Just briefly, the condemnation action is for the acquisition of
private property for a public purpose,also referred to,as eminent domain.The background of the project
is that we are placing approximately a quarter mile of sidewalk along the north side of Edwards Ferry
Road from just west of Woodbury Road NE to Prince Street NE.
That is to deal with some deficiencies in the existing concrete sidewalk that fails to meet ADA
requirements,it's too narrow.The adjacent curb,where there is curb is in some places insufficient height
so it doesn't prevent cars from easily popping up over the curb.The new brick sidewalk design is going
to be constructed to current ADA standards and will provide a safer walking environment. The project
will also address some drainage issues in the Edwards Ferry Road/Woodbury intersection area.
In February of 2021, you all took the first step in authorizing the acquisition of the required land rights.
You passed a resolution as required by the State Constitution and State Code to authorize acquiring
rights a list of 23 different parcels. At that time, Public Works had listed 23 parcels, but as the project
proceeded to final design, it was clear that they needed rights on only 15 of those parcels.
So far,the Town made offers to all of those 15 property owners,and this is all but two as of tonight right
before the meeting, so I have a couple of updates. All but two of the 15 have accepted the offer
presented by the Town and given us the necessary documentation that we need to proceed with the
project.The condemnation action is necessary to secure those remaining rights for the last two parcels
to allow the project to stay on schedule.What's required is the bona fide offer based upon the fair market
value of the required rights.
Page 211 September 13, 2022
Two offers were ineffectual for reasons we're about to talk about.When we file a certificate of take with
the Circuit Court and we pay into the Circuit Court the amount of the offer that we've provided to the
owners, that gives us the legal right to proceed with the project while we're working out the remaining
how much are we going to pay? What's the compensation for these rights? The value of the required
rights is$1,200 or less in each of these two cases.
So this is just an overall of the parcels that we're talking about. Now, right before the meeting tonight,
Thomas and James Finnigan came in, they provided us with the temporary construction easement
documentation we needed. We don't need anything on that parcel on the south side of Edwards Ferry
Road.We're talking only about two parcels on the north side and we'll go through those.
The first one we need is a permanent sidewalk easement, a permanent waterline easement, and a
temporary construction easement. On this parcel, the owners are not opposed to the project, they are
not opposed to the amount of the offer that we've provided them. Due to the type of mortgage they
have, they have concerns about granting us any rights without their lender's consent. They have not
been able to obtain that and we have not been able to obtain that yet.
We are going to continue to work on that, but in the meantime, we need the project to proceed. I have
spoken with the owner. He understands the reason for this action and he has just clarified with me that
we're not asking him to do anything further. We are going to proceed with trying to get the mortgage
lender's approval. However, if we can't do that, the mortgage lender will get notice of this filing of
certificate of take, and their concerns can be addressed in the context to the court action. That meets
the owner's needs as well as ours. Then the second parcel,we need a permanent sidewalk easement,
permanent waterline easement, and a temporary construction easement.
This one also has an update because in order to have this item on the agenda for tonight, we had to
send out a notice of intent to file certificate of take to all of these parcels that was sent out on August
15th. Since that time, the son of the property owner has re-engaged with the Town and actually came
in and met with Public Works this morning, and they talked about a few items on the project design.
There's still an issue about relocating some landscaping on the property and the landowner is looking
to get a contractor to give him estimates on the cost of that.
Public Works is willing and able to consider a reasonable adjustment in the compensation to allow for
relocation of that, but the ball is in the owner's court to provide that documentation of the reasonable
value and give us the estimate.We can't wait for that to happen before we go ahead with the certificate
of take if we want to keep the project on schedule. That's why this is still here. The third parcel we can
take out. That brings us to a motion, and I did not have time to change your motion but the modification
that--The suggested motion would be the motion for approval with a modification necessary to remove
the parcel number 231303412000 from the recitals and from section five.
Mayor Burk: Do you want to read that number again, please?
Christine Newton:Yes, ma'am. 231-30-3412-000.
Mayor Burk: All right, thank you. We do have somebody that signed up to speak, Dario de Hoyos.
Come forward.You are lucky you got the very last one.
Dario de Hoyos: Y'all cleared the room for me. Hi, my name is Dario de Hoyos. I am at 240 Edwards
Ferry Road. Madam Mayor, Council Members thank you for hearing my concern. I had spoken with the
Land Acquisition Manager about some concerns for design and there had been some back and forth.
There is a row of mature hollies at the property line that were planted there for privacy, and there are
no replacements available for that shrubbery.
They do not come in six to eight-foot heights. They're just not available. There were several other
concerns about the pine tree at the east side of the property line. It probably predates the house,which
was 1921. 60-foot-tall Norwegian spruce. I had been in conversation with the Town Arborist Mr. Tyler
Wright who has since passed away and a moment of remembrance for him there. That was a loss. I
have been in further conversation with an ASCA-certified arborist for consulting on mitigation for that
tree. There's going to be I believe three feet. Is that correct?Three feet of excavation towards the tree.
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Phil Jones: I believe that sounds correct, but I need to verify.
Dario de Hoyos: That puts the excavation about six feet away from the tree. The sidewalk is actually
going to move one foot closer in towards the tree, after everything is said and done. I wanted to meet
with the arborist to get some recommendations for mitigation and to get his assessment of what kind of
danger the tree might be in. The Town has expressed interest in not damaging the tree and keeping
the tree whole. Then there were some other considerations about the water meter placement is in the
center of the lawn and the easement for the water meter would basically carve out a large section in
the center of the landscape.That would not allow me to move the shrubbery back to its original location.
That is in discussion. They have expressed a willingness to work with me, to find solutions for that. It's
my understanding that this motion for condemnation does not end the negotiations. It only secures the
Town's right to authorize the contractor to proceed. For that reason, I don't oppose this motion.
Mayor Burk:You don't oppose.
Dario de Hoyos: I do not.
Mayor Burk: Okay, thank you.
Dario de Hoyos: I concur. It's a good project. It's an important project. I'd just like to state for the record
that there have been unresponsiveness with the catastrophic pandemic-related issue where we
withdrew from everything to monitor health.
Mayor Burk: Sure.
Dario de Hoyos: It has gotten better and we've got the letters and the letters were very serious, so
then we reached out and have had some meetings.There's going to be some more meetings for design
consideration. With that, I yield. Thank you.
Mayor Burk: Okay, thank you. Thank you very much, Mr. de Hoyos. Is there anybody else in the
audience that would like to speak tonight? Seeing no one, I will close the public hearing. Is there any
comments or questions at this point? Seeing none, would anybody like to make a motion? Here's the
number. Okay?
Council Member Steinberg: Can I simply say to add the language including the PIN number as
presented by the Town Attorney,will that work?
Chris Spera: That would be more than adequate, Mr. Steinberg.
Council Member Steinberg: Thank you very much.
Mayor Burk: I wrote it down for nothing.
Council Member Steinberg: That's right, you wrote it down for nothing. I moved to approve the
proposed resolution authorizing the acquisition by condemnation of permanent and temporary
easements for public use for construction of the Edwards Ferry Road Northeast Sidewalk Improvement
Projects as amended by the removal of the PIN number presented by the Town Attorney in her
presentation. Does that suffice?
Mayor Burk: Is there a second?
Council Member Fox: Second.
Mayor Burk: Second by Ms. Fox?Any comments, concerns?All in favor indicate by saying aye.
Members:Aye.
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Mayor Burk: Opposed. That passes 7-0. Thank you all very much. That takes us to future Council
meeting items. Ms. Fox.
Council Member Fox: I have a couple, they're kind of related. We had a couple of emails, one was
back on the 31st, but they're both last month or the month before. It has to do with amending approved
professions for home occupants and permits and also a business license that is outstanding that's paid
for and needs to be cleared up by Zoning. I just wanted to try and see if the Council would be amenable
to helping these two individuals by number one, having a discussion to amend approved professions in
the home occupancy permit, so we need to have that discussion. Then number two, issuing a license
that's been paid for and not refunded yet until we clear up the Zoning Ordinance issues that we have.
Mayor Burk:At a future Council Work Session, you want to discuss a pending approval of--
Council Member Fox: Say amending approved professions for home occupancy permits. We want to
just study it, look at it, and see what can be done.
Mayor Burk: Okay, approved professions for home occupancy.
Council Member Fox: Then the second one would be to go ahead in issuing a business license for a
license that's been paid for, but not given quite yet because of Zoning Ordinance issues.
Mayor Burk: Is there any issue with that, Mr. Spera?
Chris Spera: There is not.
Mayor Burk:All right,can we put them together since they're basically the same issues?Ms.Fox asked
that we bring that to a discussion on a work session. Are there four people that would be willing to do
that? I think that's everybody.
Council Member Fox: Then just to follow up on what Mr. Evans and Mr. Bishop commented tonight, I
just assumed staffs going to do that and we don't need any-- Okay, thanks. That's all I have. Thank
you.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Yes, Madam Mayor. One disclosure, I have a meeting with a
representative from Oaklawn and also Kim Hart from Good Works regarding some potential changes
in the Oaklawn development. Before I offer this as a future meeting, I just need to clarify it's not already
a future meeting. Are we anywhere at any point having a discussion about glass recycling? Is that
anywhere in upcoming meetings?
Mayor Burk: I believe it is. I believe it is, but--
Council Member Steinberg: Well,we can move on.
Mayor Burk: Okay,we'll come back.
Council Member Steinberg: Thanks.
Mayor Burk: Mr. Cummings?
Council Member Cummings: I have a couple of disclosures and then a couple of future works items.
I as well met with Mr. Kim Hart with Good Works and Andy Shuckra with Keane Enterprises about the
Oaklawn development. I had a phone conversation with Kevin Ash about his potential hotel
development in the old and historic district. I met with Peter Kalaris on the Meadowbrook Commercial
application that's coming in front of the Planning Commission.
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Then I have a few future work session items. I saw that the tree is down and they're starting to clean off
the spot for the Black History Mural so I wanted to talk about approving some funds to create a narrative
to go along with the mural, a historic narrative, and specifically would love to get the Thomas Balch
Library's Black History Committee and the Loudoun Freedom Center involved to help write that
narrative. Then talking with staff and looking at what we've done over with the Potters Field, that cost
usually is under$5,000 so I attach a not to exceed $5,000 to build that narrative for the Black History
Mural.
Mayor Burk:All right.Are you asking for a discussion on this at a Work Session?
Council Member Cummings:A discussion or if it's comfortable enough to put it into a future meeting
just to vote on resolution.
Mayor Burk: Then you would need to make a motion. If you want it to go forward without a discussion,
wouldn't it be better to have it at a work session?
Council Member Cummings:Yes, we can do it at a session.
Mayor Burk: Are there four people that are interested in having this discussion at a Work Session?
Okay,just about everybody. Work Session.
Council Member Cummings: Then I have two more. Again, another discussion for a Work Session.
A potential initiation of a Zoning Ordinance text amendment on parking standards for hotel uses in the
old and historic district. Then another future discussion.
Mayor Burk: Let's do that one first.
Council Member Cummings: Okay, that's fine.
Mayor Burk:Are there four people that are interested in initiating the discussion on changing the Zoning
Ordinance on the parking requirements in the historic district? Is that what's--
Council Member Cummings: For hotels specifically.
Mayor Burk: For hotels, okay. Are there four people that would have that discussion? Ms. Nacy and
Mr. Bagdasarian, Ms. Fox, that's, one,two,three, four, and Mr. Cummings,that's four.
Council Member Cummings: Then the last one is another discussion about a Zoning Ordinance text
amendment on the maximum building height in the old and historic district and not so much to talk about
the height but to allow that to be a part of a special exception.Just some background. My thinking is on
South King, some refer to it as Lower King, I'm working on that but because it's lower,you may be able
to, again with a legislative action like a special exception, take another floor up on a building or
something.
Mayor Burk: So you don't want this to be a discussion--[crosstalk]
Council Member Cummings: No, I want it to be a discussion as well but I'm just trying to give you all
some color to it, not just asking to increase the height, there's a reason behind it.
Mayor Burk: Are there four people that would be in favor of having this discussion to allow building
heights to be part of the special exception?Are there four people that would be willing to do that?
Council Member Cummings:Yes, discuss.
Mayor Burk: Fox? Okay, I think that's everybody.All right, is that it? Mr. Martinez.
Vice Mayor Martinez: I just have one disclosure. I also met with Mr. Kalaris on August 31st. Eileen I
think the disclosure I sent to you was September 1st, it's August 31st, thank you.
Page 251 September 13, 2022
Mayor Burk: Okay. Mr. Bagdasarian.
Council Member Bagdasarian: Nothing here,just great to be back in the States after traveling abroad
and I'm still adjusting. It's so wonderful.
Mary Speidel: We feel so bad for you.
Council Member Bagdasarian: I know, it's horrible, it was so bad. Also I'd like to invite my fellow
Council Members to Crossroads Music Festival this weekend.We have nine different locations including
the Town Green, different various locations. It's all original music, 27 artists are performing, the Mayor
is one of our guest emcees that we're rotating round at the Town and if she's at our stage, she'll be
singing.
Mayor Burk: No, she's not. [laughs]
Council Member Bagdasarian: All the proceeds go to support children in need in Loudoun County.
Last year we raised over $20,000 and we're hoping to significantly increase that this year. That's this
Saturday from 5:00 to 10:00 in downtown Leesburg and hope to see you all there.
Mayor Burk: Ms. Nacy.
Council Member Nacy: Thank you. I have two disclosures. I met with Gordon McDowell and Steve
Skemp about the MacDowell property and a pre-disclosure that I will be meeting tomorrow about the
Oaklawn property with Keane Enterprises and Kim Hart.Then I do have one addition to future meetings.
I would like to see if there are four people who would be willing to ask staff to research and present
options on a post-pandemic COVID bonus. I brought this up before several months ago and to see if
we would be willing to do that and aiming for the last meeting in December, so before the year closes
out.
Mayor Burk: You are asking for a Work Session on researching options for giving bonuses. What did
you call them, post?
Council Member Nacy: It would've been a COVID bonus, but I guess at this point we're post-COVID.
Mayor Burk: All right. Are there four people that would be interested in that discussion? Ms. Fox, Mr.
Bagdasarian, Ms. Nacy, and Mr. Cummings.All right. I want to welcome Restocked Sneakers, October
One Winery, Buffalo Wing Factory, Global Local, and Twin Peaks Grooming. All of these were ribbon
cuttings that we held this last month. Welcome to all of these businesses and glad that you chose
Leesburg to be where you wanted to be.
I wanted to congratulate the staff on the Taste of Leesburg. It was on August 13th, but it was a huge
success and very well received and people had a really great time. I want to thank 89 Ways to Give.
They had a golf tournament on the 19th and it's amazing what these foundations can do and how this
particular foundation reaches out to kids that are in really dire situations and truly helps them.
That was great to be part of that. I want to thank the organizers of the 911 Ride. Standing there as the
motorcycles go by is always such an interesting and exciting experience. On the 21st, I met with the
Lang family who have written a book and it's about their daughter who was in a car crash at Cardinal
Park and Route 7. Mom was driving them to their dancing lessons.
They were rear-ended.Their daughter ended up with severe brain damage,was not expected to survive
and at 20 is doing very well back in school and all. It's a tremendous book. It's very hard to read what
they went through and how they had to survive, but they most certainly did. On the 24th I had a meet
the Mayor at the Weird Brothers Coffee,what a delightful and interesting place that is.
Lots of interactions. It was great. I also had a meet the Mayor at Solo. On September 8th Kristen
Umstattd and I, Supervisor Umstattd and I had a Town Hall on the widening of Route 7 here in this
facility. There was about 40 people here. The thing that really struck me was how the residents who
were going to be so impacted,they came with solutions.They offered them to the County staff and they
Page 261 September 13, 2022
were things that the County staff had never thought about, and it will make a real difference to that
project. I want to thank all the residents that participated.On September 10th,Council Member Steinberg
and I participated in the League of Dreams and Aces Baseball Club inclusion games.
The League of Dreams is a group that has young people that are developmentally and physically
delayed and handicapped and the Aces Baseball Club had held a camp and included these young men
and women and the delight of these young people to be able to be there and to play with peers that
they don't usually get to interact with was so inspiring. I'm so pleased that we're going to recognize both
these organizations. 911 ceremony, thank you to everybody who came and most certainly was one of
the most well attended in a long time which really was very surprising.
I'm looking forward to Crossroads,this is going to be a great event, it was last year and the year before
and so I'm looking forward to it. In need to disclose that I too met with Kim Hart and Andy Shuckra at
Oaklawn. I needed to ask are the goats coming back?
Kaj Dentler: Well, the goat program is a normal thing that we do now.
Mayor Burk:They're putting up--
Kaj Dentler: They will be back, yes. I don't know the dates but they'll be back.
Mayor Burk: Because they're putting up fences so people are asking. I need a date at some point. Is
there a motion to adjourn? Oh, no, you need to speak. Sorry.
Kaj Dentler: To answer Mr. Steinberg's question, no. Glass recycling is not on an upcoming Work
Session.
Mayor Burk:You want to add that to a discussion on--?
Council Member Steinberg:Yes. I think we absolutely need a discussion on the future Work Session
to start on glass recycling.
Mayor Burk: Is there four people that would like to have that discussion? I think that's everybody. Okay.
Glass recycling. Mr. Town Manager?
Kaj Dentler: No comment.
Mayor Burk: Is there anyone that would like to make a motion to adjourn?Who made the motion?Oh,
Ms. Fox. Okay. Second by Ms. Nacy, all in favor?
Members:Aye.
Mayor Burk: Opposed?That passes seven-zero.
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