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HomeMy Public PortalAbout2023_tcmin0228 COUNCIL MEETING February 28, 2023 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Todd Cimino-Johnson, Zach Cummings, Kari Nacy(arrived at 7:13 p.m.), Vice Mayor Neil Steinberg, Patrick Wilt, 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 Finance and Administrative Services Clark Case, Director of Public Works and Capital Projects Renee LaFollette, Director of Parks and Recreation Rich Williams, Deputy Director of Utilities Brian Stone, Management and Budget Officer Cole Fazenbaker, Senior Transportation Engineer Niraja Chandrapu, Senior Management Analyst Betsy Arnett, Senior Planning Project Manager Christopher Murphy, Deputy Town Attorney Jessica Arena and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Cummings. 3. SALUTE TO THE FLAG was led by Council Member Bagdasarian. 4. __ ROLL CALL a. Electronic Participation for Council Member Nacv Council Member Nacy requested to participate electronically in the February 28, 2023, Council Meeting for health reasons. Council Member Bagdasarian, Council Member Cimino-Johnson, Council Member Cummings, Vice Mayor Steinberg, Council Member Wilt and Mayor Burk were physically present at the meeting. MOTION2023-038 On a motion by Council Member Cummings, seconded by Council Member Bagdasarian, the following was proposed: To allow Council Member Nacy to electronically participate in the February 28, 2023, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 6-0-1(Nacyabsent) Due to technical difficulties, Council Member Nacy was unable to join the meeting until 7:13 p.m. 1 I Page COUNCIL MEETING February 28, 2023 5. MINUTES a. Regular Session Minutes of February 13, 2023 MOTION 2023-039 On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the February 13, 2023, Regular Session minutes were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Vice Mayor Sternberg, Wilt and Mayor Burk Nay: None Vote: 6-0-1 (Nary absent) 6. ADOPTING THE MEETING AGENDA MOTION2023-040 On a motion by Vice Mayor Steinberg,seconded by Council Member Cimino-Johnson, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 6-0-1 (Nacy absent) 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Women's History Month Mayor Burk read the proclamation for Women's History Month and presented it to Tuscarora High School Librarian Elizabeth Scheib. Ms. Scheib made a few remarks. b. Read Across America Mayor Burk read the Read Across America Day proclamation which she will present on March 2, 2023, at Birch Tree Books. c. Irish American Heritage Month Mayor Burk read the Irish American Heritage Month proclamation. d. COVID-19 Victims and Survivors Memorial Day Mayor Burk read the proclamation for COVID-19 Victims and Survivors Memorial Day and presented it to Inova Loudoun Hospital's Outpatient Specialty Rehabilitation Program Manager Monika Stolze. Ms. Stolze made a few remarks L 2 1 Page COUNCIL MEETING February 28, 2023 e. Motion to Approve Mayor and Town Council Service Recognition Month Proclamation MOTION2023-041 On a motion by Council Member Cimino-Johnson, seconded by Vice Mayor Steinberg, the following was proposed. I move to approve the Mayor and Town Council Service Recognition Month Proclamation to be proclaimed at the March 14, 2023, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 6-0-1 (Nacy absent) 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS Mayor Burk noted her Regional Commission reports were sent to Council in advance of the meeting. 11. PETITIONERS The Petitioner's Section was opened at 7:17 p.m. There were no Petitioners wishing to address Council. The Petitioner's Section was closed at 7:18 p.m. 12. APPROVAL OF THE CONSENT AGENDA Council Member Wilt requested item 12.f. - Initiation of a Zoning Ordinance Amendment to Increase Building Height in the Industrial/Research Park(I-1) Zoning District be removed from the Consent Agenda for discussion. MOTION2023-042 On a motion by Vice Mayor Steinberg,seconded by Council Member Cummings, the following consent agenda was proposed with item 12.f—Initiation ofa Zoning Ordinance Amendment to Increase Building Height in the Industrial/Research Park(I-1)Zontng District removed: a Lawson Road Pedestrian Crossing— VDOT Agreement E RESOLUTION2023-030 Authorize the Town Manager to Execute a Project Services Administration Agreement with the Virginia Department of Transportation to Provide Environmental Review and Project Oversight for the Lawson Road Pedestrian Crossing of Tuscarora Creek Project 3 1 Page COUNCIL MEETING February 28, 2023 b. Dryer Drum Replacement at Water Pollution Control Facility RESOLUTION2023-031 Authorizing the Issuance ofa Purchase Order to ANDRTIZ Separation Inc in the amount of $767,200for Replacement of the Drum Dryer at the Water Pollution Control Facility as a Sole Source Procurement and Authorizing the Town Manager to Issue the Purchase Order c. Award of Contract for Firework Display Services RESOLUTION2023-032 Award of Contract for Firework Display Services to Innovative Pyrotechnic Concepts, LLC d. Capital Intensity Factor Consulting Services RESOLUTION2023-033 Approving a Cooperative Participation Agreement with the Berkley Group for Capital Intensity Factor Consulting Services e. Zoning Ordinance Rewrite Project Plan and Contract Award RESOLUTION 2023-034 Awarding a Contract to Kendig Keast Collaborative for Zoning Ordinance Rewrite Consulting Services in the amount of$491,396 g. Appointing Brandon Garay to the Technology and Communications Commission RESOLUTION2023-035 Appointing Brandon Garay to the Technology and Communications Commission The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 f. Initiation of a Zoning Ordinance Amendment to Increase Building Height in the Industrial/Research Park(I-1) Zoning District Council and Mr. Chris Murphy discussed the item. Mr. Murphy explained 65' was used for the proposed height as that is the height of the typical data center in Loudoun County MOTION 2023-043 On a motion by Council Member Cummings, seconded by Vice Mayor Steinberg, the following was proposed: 4I Page COUNCIL MEETING February 28, 2023 RESOLUTION2023-036 Initiating an Amendment to the Leesburg Zoning Ordinance Revising Maximum Building Height in the I-1 Industrial/Research Park Zoning District The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: Wilt Vote: 5-1-1 (Cimino-Johnson abstain) 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Downtown Speed Limit Reduction Council and Ms. Niraja Chandrapu discussed the proposed speed limit reduction and traffic calming measures. Mayor Burk requested the map for the traffic calming transition zones identifying the areas for further evaluation be extended to beyond Morven Park Road to where Loudoun and Market Street meet. Staff will extend the transition zone to mclude these areas for further evaluation. MOTION2023-044 On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the fallowing was proposed: I move to approve the proposed resolution lowering the speed limit in the historic district of Leesburg from 25 MPH to 20 MPH and amend the map to include transition zones at Market and Loudoun as discussed at the meeting for review with the Residential Traffic Commission. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: Cimino-Johnson Vote: 6-1 14. PUBLIC HEARINGS a. Renewing the Franchise with the Washington Gas Light Company Mayor Burk noted one bid was received from Washington Gas Light Company Mayor Burk opened the floor for additional bids at 7.42 p.m. and requested any additional bids to be brought forward from the floor. No additional bids were presented. Bidding closed at 7.43 p.m. The Public Hearing was opened at 743 p.m. 5I Page COUNCIL MEETING February 28, 2023 Mr. Chris Spera advised Council that the 30-year franchise agreement with Washington Gas Light Company expired in January 2023. A renewal of the franchise agreement would allow Washington Gas Light Company to continue the use of Town streets, alleys and other property to provide gas services to residents and businesses, regulates the use of the right-of way, and determines compensation that the Town will receive for use of said right-of-way Council and staff discussed renewal of the franchise agreement. Public Speakers: Scott McGearv. Washington Gas State Policy Director. Spoke to Council representing Washington Gas in support of renewing the franchise agreement with the Town of Leesburg. The public hearing was closed at 7:51 p.m. MOTION 2023-045 On a motion by Council Member Cimino-Johnson, seconded by Vice Mayor Steinberg, the following was proposed: ORDINANCE 2023-0-003 Renewing the Washington Gas Light Company Franchise to Use and Occupy the Streets, Alleys, and Other Public Grounds of the Town of Leesburg as the Same Now Exist or May Hereafter be Laid Out,for the Construction, Maintenance and Operation ofa System Of Pipes, Mains, Connections, Meters and Other Equipment and Appliances Necessary or Convenient for the Transmission, Distribution and Sale of Natural Gas in the Town of Leesburg The motion was approved by the following vote: Aye: Bagdasanan, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay' None Vote: 7-0 b. Tax Year 2023 Personal Property Tax Rates: Technical Amendment to Town Code Sec. 20-30 and Appendix B-Fee Schedule The Public Hearing was opened at 7:53 p.m. Mr. Clark Case presented the proposed Tax Year 2023 Personal Property Tax Rate. Mr. Case reviewed the memorandum of agreement with the County requiring the Town to adopt its personal property tax rate by February which allows the County sufficient time to prepare and send tax bills to Leesburg residents. Council and staff discussed the agreement with the County, the proposed tax rate, why aircraft are taxed at the current rate, and the vehicle decal fee. L 6I Page COUNCIL MEETING February 28, 2023 Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 8:09 p.m. MOTION 2023-046 On a monon by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the following was proposed: I move to approve the proposed ordinance to set the Tax Rates on Personal Property, Vehicle License Fee, and Personal Property Tax Relief for Tax Year 2023 as proposed at the currently adopted tax rates. ORDINANCE 2023-0-004 Setting Tax Rates on Personal Property(Section 20-22), Vehicle License Fee(Section 32-84), Motor Vehicle Tax Reduction(Section 20-25), and Personal Property Tax Relief(Section 20- 30)for Tax Year 2023, and Amending Leesburg Town Code Section 20-30 and Appendix B— Fee Schedule The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: Cummings Vote: 6-1 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Cimino-Johnson disclosed he met with Town staff and Mr. Kevin Ash to discuss the Liberty Hotel. Council Member Cimino-Johnson shared that he did a three-hour ride along with Officer Naz in the Police Department and complimented the Police Department for doing a tremendous job. Council Member Cimino-Johnson requested a future Work Session discussion on changing the meeting start time from 7:00 p.m. to 6:00 p m. It was the consensus of Council to add this item to a future Work Session for discussion. Council Member Cummings disclosed he met with residents in the Potomac Station area to discuss traffic concerns regarding traffic coming out of the middle school as well as the potential development in the Hamblet property 7 I Page COUNCIL MEETING February 28, 2023 Council Member Wilt disclosed he met with Mr. Kevin Ash regarding his proposed Inn project on South King Street. Council Member Bagdasarian disclosed he met with Mr. Earl Hoovler, Mr. Matt Leslie and Town staff regarding the Hamblet property rezoning. Council Member Bagdasarian disclosed he met with Mr. Kevin Ash regarding his hotel project. Council Member Bagdasarian disclosed he met with Mr. Peter Burnett, Vice Mayor Steinberg, Mr. Don Knutson and Town staff. Vice Mayor Steinberg disclosed he met with Council Member Bagdasarian, Mr. Peter Burnett, Mr. Don Knutson and Town staff regarding the Liberty Street RFP and potential hotel. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed she met with Mr. Ron Jewell regarding the O'Connor properties. Mayor Burk welcomed the Bead Studio on Sycolin Road to Leesburg. Mayor Burk noted the opening of the Leesburg branch of JP Morgan Chase bank. Mayor Burk congratulated Bender's Bites for changing their business from Bender's Bagels to reflect the new menu including hot dogs and sausages. Mayor Burk welcomed former food truck vendor Gyro Kitchen to their new brick and mortar store at the Outlet Mall. Mayor Burk and Loudoun Supervisor Kristen Umstattd met with the Leesburg Apartment tenants to discuss their concerns and what assistance can be provided. Mayor Burk said Supervisor Umstattd was taking the lead to see what County services and assistance can be provided to get them some relief. Mayor Burk attended the Ball's Bluff Regional Park dedication of Mr. Lewis Bell who was the first enslaved person in America to pick up a gun and be involved in the Civil War battle. Mayor Burk noted she and Council Member Nacy met with the County Mayor Burk met with the Northern Virginia Regional Commission and provided the reports to Council. Mayor Burk shared that she and others said goodbye to Leesburg resident Don Chapman noting he was a great father in addition to the many musical and other contributions he made to Leesburg. Mayor Burk thanked the family for the invitation to participate. Mayor Burk and Supervisor Umstattd joined the Friends of Ball's Bluff for their annual fund raiser and was impressed by the phenomenal stories told by the historians in attendance. 19. TOWN MANAGER COMMENTS Mr. Dentler noted that the Town received notice from the FAA that the Remote Tower Program will discontinue on June 14 and that staff will provide Council with an update at the March 13 Work Session. Staff will invite the FAA and Saab to attend. Mr. Dentler reminded everyone that the Town's paid parking program resumes on March 1 and that Council will need their badge to enter and exit the parking garage. Mr. Dentler added that the Park Mobile app is now operational for parking meters and coins are no longer accepted. 20. CLOSED SESSION a. None. C 8I Page COUNCIL MEETING February 28, 2023 21. ADJOURNMENT On a motion by Vice Mayor Steinberg, seconded by Council Member Cummings, the meeting was adjourned at 8:17 p.m. Kell urk, yor Town of Leesburg ATTEST Clerk of Council 2023_tc=022s C 9 [ Page February 28,2023 —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.teesburgva.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 Burt Let me call tonight's February 28'"meeting of the Leesburg Town Council If anyone in the room needs hearing assistance, please see the Clerk Council Member Cummings will be giving the invocation Followed by the salute to the flag will be Council Member Bagdasanan Council Member Cummings Council Member Zech Cummings: Thank you As we celebrate Black Fhstory Month, I lust wanted to take a few moments to reflect on the words of poet Langston Hughes I Dream A World is his poem I dream a world where man No other man will scorn, Where love will bless the earth And peace its paths adorn I dream a world where all WO know sweet freedom's way, Where greed no longer saps the soul Nor avarice blights our day A world I dream where black or white, Whatever race you be, WII share the bounties of the earth And every man is free, Where wretchedness will hang its head And Joy, like a pearl, Attends the needs of all mankind- Of such I dream, my world! Mayor Burk: Let us stand for the pledge of allegiance Eileen Boeing: Madam Mayor? Mayor Burk: I get a motion to allow Council Member Nacy to participate electronically Council Member Cummings: So moved Mayor Burk: Moved by Mr. Cummings Second? Council Member Ara Bagdasarian: Second Mayor Burk: Second by Mr Bagdasanan All in favor indicate by saying aye Members:Aye Mayor Burt Opposed?That passes 6-0-1 and Ms. Nacy you are now part of the meeting Eileen Boeing: Madam Mayor? Mayor Burk: Yes? Eileen Boeing: Ms Nacy got disconnected May I have a moment Just to reconnect her? Page 1 February 28, 2023 Mayor Burk:All right Eileen Boeing:Thank you Mayor Burk: Can we go on with minutes while you're doing that? Eileen Boeing: Yes, Ma'am Mayor Burk: I only have one section of minutes and its a regular session minutes of February 13o, Do I have a motion? Vice Mayor Neil Steinberg: So moved Mayor Burk: So moved by Vice Mayor Steinberg Second? Council Member Bagdasarian: Second Mayor Burk: Seconded by Council Member Bagdasarian All in favor indicate by saying aye Members: Aye Mayor Burk: Opposed?That passes 6-0-1 Do I have a motion to adopt the meeting agenda? Vice Mayor Steinberg: So moved Mayor Burk:Vice Mayor Martinez Second? I did it again I'm sorry.Vice Mayor Steinberg Sorry Who seconded it? I didn't hear Council Member Todd Cimino-Johnson: I did Mayor Burk: Council Member Cimino-Johnson Is there any deletions or additions?All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed?That passes 6-0-1 We have no certificates of recognition tonight, but we do have a couple of proclamations Tonight, lots of things are moving along, so I have to go from different places, so bear with me if I get lost in the paperwork The first one we have is for Women's History Month, and it reads, Women's History Month 2023 Whereas American women have made historic contributions to the growth and the strength of our country in countless recorded and unrecorded ways Whereas the American women have played and continued to play critical economic, cultural, political, and social roles in every sphere of our life by constituting a significant portion of the labor force working inside and outside of the home Whereas American women have been leaders, not only in securing their own suffrage rights and equality opportunities, but also in the abolition movement, the Emancipation movement, the industnal labor movement, the civil rights movement, and other movements such as the peace movement,which has created a more fair and just society for all Whereas in 2023, Women's History Month theme is celebrating women who tell our stories We encourage the recognition of women who have been active in all forms of media and storytelling, including print,radio,television, stage screen, blogs,podcast news,social media,and honoring women in our community who have devoted their lives and talents to producing art and news, pursuing truth and reflecting society Therefore, proclaimed, that the Mayor and the Council hereby recognize Tuscarora High School Librarian Elizabeth Scheib, and proclaim March 2023 as Women's History Month in the Town of Leesburg, Virginia Page 2 February 28, 2023 I will be presenting this in just one moment after I read the other ones into the record.The next one is Read Across America on March 2nd Whereas the National Education Association Read Across America Day, it's a national reading celebration held on March 2"d, 2023, that promotes the reading and adult involvement in the education of our community students Whereas local independent bookstores offer a unique and interesting selection of adult and children's books to read Whereas these stories support local authors with scheduled book readings and open the world of books to all who enter their establishments. Whereas the Leesburg Town Council stands firmly committed to promoting reading as a catalyst for its students'future academic success,their preparation for America's jobs of the future, and their ability to compete in a global economy Whereas the Leesburg Town Council believes its community and its involvement in the education of its youth, grounded in the principle that educational investment is the key to a community's well-being and long-term quality of life Whereas a local independent bookstore, Birch Tree Books, will be celebrating Read Across America with children's programs, local authors and celebrity readings, and fun activities for all on March 2"d, 2023, with Mayor Kelly Burk delivering this proclamation during the event's opening Therefore proclaimed that the Leesburg Town Council recognizes NEA and the Birch Tree Books for the programs and activities that make Americans' children the best readers in the world Encourages Leesburg residents to support all local independent bookstores and advice all value reading to ensure that every child is in a safe place reading with a caring adult on March 2nd, 2023 Have we got her yet? Irish American Heritage Month Whereas the United States Congress designated March as Irish American Heritage Month in 1991,we recognize the contributions that Irish immigrants and their descendants have made to the United States Whereas Irish Americans have contributed to every realm of American endeavor, from steel working to biotechnology to literature, and have seen improvements through Irish-descended hands and minds Whereas for centuries, Irish Americans have played a crucial role in helping to find the souls of our community Today, nearly 1 in 10 Americans proudly trace their roots back to the Emerald Island Whereas with hope and faith in their hearts and escaping the great famine, the first immigrants from Ireland crossed the Atlantic in search of liberty and opportunity Whereas Irish immigrants arrived on American shores, only to face discrimination, prejudice, and poverty Despite these hard times, they embrace their new home in every corner of America Whereas this month and throughout the year, the Town of Leesburg celebrates the heritage of Irish Americans and encourages its citizens to learn more about the positive impact Irish Americans have made and continue to make in Leesburg Therefore proclaimed that the Mayor and the Council of the Town of Leesburg recognize March as Irish American Heritage Month and celebrate the nearly 33 million Americans of Irish ancestry and their tremendous contributions to our nation The next one is COVID Victims Survivor Memonal Day Whereas the first Monday in March has been designated as COVID-19 Victims and Survivors Memorial Day, whereas COVID-19 is an illness caused by a virus that can be transferred from person to person and is spread across the world creating a global pandemic that has had catastrophic effects on human life, our community, and our economy Whereas symptoms and seventy of COVID-19 can vary dramatically in individuals and long-term health implications for survivors is largely unknown, as many survivors suffer with lingering side effects of the disease long after they no longer test positive, Whereas each life that's lost to COVID matters and leaves a hole in the heart of loved ones, family members, and the surrounding community Whereas doctors and nurses are instrumental in the care and survival of COVID-19 patients Therefore proclaimed that the Mayor and the Council of the Town of Leesburg and Virginia recognize the first Monday in March as COVID Victim and Survivor Memorial Day in remembrance of those who have lost their lives and in honor of those who have forever marked COVID-19 and continue to suffer from the impact of this virus Then may I have a motion to accept the Mayor and Town Council Service Recognition Month? Page 3 I February 28, 2023 Council Member Cimino-Johnson: I make the motion Mayor Burk: Okay, that is Council Member Cimino-Johnson Second? Vice Mayor Steinberg: Second Mayor Burk: Seconded by Vice Mayor Steinberg All in favor indicate by saying aye Members:Aye. Mayor Burk: Opposed? Have we reached her?Not yet That's 6-0-1 I'm going to come down now and present these proclamations Phone System Message:Your call cannot be completed Mayor Burk:Ok,thank you for that information Thank you The first one we have tonight is for Virginia Women's History Month. Elizabeth is going to be accepting this on behalf of the women here in Leesburg and Loudoun County, but Leesburg in particular It's really an honor to be able to have you here today because the proclamation talks about women speaking to truth and the contributions that women make to the future. Most certainly, as a Librarian at Tuscarora High School, you do that each and every day Thank you very much for doing that Would you like to say a few words? Elizabeth Scheib:Yes ma'am Mayor Burk:Thank you Elizabeth Scheib: Thank you so much for this honor So much of my life has been centered around story and the importance of sharing our stories As a young person creatively engaged in reading and theater through my education herein Loudoun County Public Schools, I can think of the many women who supported this journey. There were teachers, school and public librarians, theater directors, and music teachers who shared the love of free and beautiful expression of story through literature, history, and the arts This led to my career in film and television working with storytellers, working with writers. Several of the opportunities I was given came from women producers who had pioneered in a once male-dominated industry These producers told stories of African American women and social justice causes through the medium of television and I was honored to be a part of their work Then as I moved into teaching, I was surrounded by inspiring women who were committed to helping children and teens find success in education to become the heroes of their own stories.Now I have the great honor and pleasure of being a school libranan in Loudoun County Public Schools at Tuscarora High School Every day, I am inspired by my fellow librarians around the County who have the opportunity to curate and provide students with literature, fiction, and nonfiction works that are often empowering mirrors of the story students are creating with their own lives These books and media also provide windows to the stories of others with whom they may find unexpected kinship and sympathy As Vice Chair of the Thomas Balch Library Commission, I also am grateful to be a part of supporting the preservation and shanng of the history and stories of Loudoun County Thank you to the wonderful librarians who work there Women's stories, everyone's stories remind us,we are all on this journey together,and it is through the power of our stories that we create our world Thank you to the many women who lead Leesburg and Loudoun County through their service and local State and Federal government Thank you, Mayor Burk, and thank you to the Town Council so much for this honor Mayor Burk: Absolutely, it's wonderful Thank you for being here I'm sure there was a little influence by mom and dad [chuckles]Dad being the former Superintendent of Schools [chuckles]Anyway,thank you very much for representing us so well and for all that you do for the kids Page 4 I February 28, 2023 Elizabeth Scheib: Thank you, ma'am Mayor Burt Really appreciate it Council Member Kari Nacy: Hello? Mayor Burk:The next one it is the COVID Victims and Survivors Memorial Day, but I'd like to share a little bit of the person that is accepting this tonight We really appreciate Monika Stolze coming up She's a program manager for the Outreach Specialty Rehabilitation Center at (nova Loudoun Hospital and has been part of!nova's Health System for 12 years She started her career as a physical therapy after graduating from Duquesne That's where my sister went She has a Doctorate of Physical Therapy Her position as a manager of over 30 physical therapists, occupational therapists, and speech and language pathologists, Momka has the opportunity to mentor and lead other young clinicians, encouraging them to embrace quality care and evidence-based practice with each patient they touch Momka launched the (nova Post COVID-19 Recovery and Rehab Program in 2020. Providing PT, OT, and SLP to patients with persistent symptoms post-COVID Most recently, she attended the Virginia Summit on best practices for treating long COVID led by Senator Tim Koine in the Agency on Healthcare, Research, and Quality I can't think of anybody who would be more appropriate to receive this tonight Thank you very much for being here Would you like to say a few words? Monika Stolze: I thank you It's certainly an honor and a privilege to stand here and receive this award or this proclamation in recognition of COVID-19 victims,survivors,their loved ones,and each and every person affected by the pandemic in their own unique way As a healthcare worker at (nova Loudoun Hospital, I witnessed unprecedented times of pain and suffering I recognize and mourn over one million Americans who have died from COVID-19 and their loved ones who remain I would also like to acknowledge the survivors of COVID-19 with a wide variety of persistent symptoms from a cough to a loss of taste and smell to brain fog and difficulty attending and multitasking and remembering things to cardiac and pulmonary deficits,and even quadriplegia In our outpatient COVID- 19 rehab clinic, we have now cared for several hundred patients within Loudoun County with long COVID One of the most common things we hear is that people do not believe them They feel alone, they feel misunderstood This is one of the reasons that I'm very proud to be here today and this worth awareness around COVID and post-COVID needs Then there's also the quality of the pandemic, the loss of human face-to-face connection, academic disruption, suspension of sports, and other recreational activities that are so important in our lives.The loss of jobs and businesses, economic implications, and the mental health problems These are profound and debilitating, but we do have the skills and the knowledge to support these people and to help aid them in the recovery to a better quality of life While there's been a tremendous amount of division caused by this pandemic, there's also been many silver linings Including a new means for togetherness, compassion, resilience, and a reset to reflect on what our purpose is and what truly brings us toy in life I know for me it's helping others,whether it's doing physical therapy and helping someone to regain their ability to walk again or supporting another healthcare worker in achieving their professional goals or helping a neighbor during a time of need It's what makes us human and what makes us a strong community Thank you for allowing me to be here and supporting COVID-19 Victims and Survivors Memorial Day this upcoming March Mayor Burk: Thank you very much We truly appreciate you being here Thank you [applause] Monika Stolze: Thank you Page 5 I February 28, 2023 Dorri O'Brien: Let me get a picture- Mayor Burk: Sure Dorri O'Brien:-of you two Would you mind? Mayor Burk:Alnght, so let me carry all this up here Eileen Boeing: Mayor Burk, Ms Nacy is now on the line Mayor Burk: Okay Welcome, Ms Nacy Hello, Ms Nacy Kan, can you hear us? Council Member Kari Nacy 1 can Can you hear me? Mayor Burk: Yes, we can.Thank you for joining us tonight I hope you're feeling better Council Member Nacy:Thank you Mayor Burk: All right We have no presentations for tonight and remember I said I was going to be shifting papers around. We have no presentation. I sent you my regional report from the Northern Virginia Regional Commission Does anybody else have any regional meetings?Reports?Not tonight. All right Petitioners Now I got to go One of the first orders of business is to hear from the public All members of the public are welcome to address the Council on any item,matter,or issue Please identify yourself and if comfortable doing so, give your address for the taped record Any public speakers will be requested to state their names and spell it for the purpose of closed captioning In the interest of fairness, we also ask that you observe the three-minute time limit The green light on the timer will turn yellow when you have one minute remaining At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time is expired Under the rules of orders adopted by this Council,the time limit applies to all There is nobody who is signed up to speak tonight Is there anybody in the audience that did not sign up that would like to have the opportunity to speak at this point? There being no one, I will close the petitioner section at this point.The approval of the consent agenda is next I will read all of the items'titles and I will ask for a motion and a second The first one is 12A, the Lawson Road Pedestrian Crossing, VOOT Agreement 12B is Dryer Drum Replacement at the Water Pollution Control Facility C is the Award of a Contract for Firework Display Services D is the Capital Intensity Factor Consulting Service E is the Zoning Ordinance Rewrite Project, Plan, and Contract Award F is the Initiation of the Zoning Ordinance Amendment to Increase Building Heights in the Industrial Research Park of I-1 Area, and Appointment of Brandon Garay Did I say that correctly, Mr Wilt? Council Member Patrick Wilt:Yes Mayor Burk: Garay to the Technology and Communications Commission Do I have a motion first? Council Member Wilt: Mayor? Mayor Burt Just let me get a motion and a second and then I'll get back to you. Did you want to make the motion? Council Member Wilt: No, I wanted to have a discussion on 12F aside from the consent agenda Mayor Burk: I need to get the motion and the second first Page 6 February 28, 2023 Vice Mayor Steinberg: Moved Mayor Burk:Vice Mayor Council Member Cummings: Second Mayor Burk: Second, Council Member Cummings Is there anything that anybody wants pulled? Council Member Wilt:Yes Mayor Burk:What is it? Council Member Wilt: 12 F, please Mayor Burk: 12 F All right Anybody else have anything they want taken off All right,so we are voting on 12 A, B, C, D, E, and G All in favor indicate by saying,Aye Members: Aye Mayor Burk: Opposed? That's 7-0 Mr Witt, you had a question concerning Initiation of the Zoning Ordinance Amendment to Increase Building Heights in the Industrial Research Park Council Member Wilt: Yes By the way, I'll lust say,there's an L in my name Mayor Burk:Wilt Council Member Wilt: Wilt Thank you I wanted to specifically understand the current 50-foot in the Zoning Ordinance and the basis for that How was that arrived at? Then secondly, the 65-foot specification, essentially, how is that essentially the right number?Who can speak? Mayor Burk: Do we have anybody here to answer that?Okay [silence]You're up Chris Murphy: May I help you? I missed the question Mayor Burk: The question was,what was the history of the 50-feet and what's the reason for the 65- feet change? Is that correct, Mr Wilt? Council Member Wilt: Yes, there's a 50-foot specified currently At the time that was included in the Ordinance, what was the logical basis for that?Why was that the right number? Chris Murphy: I think 50 feet was at the time when it was developed in the 2003 Zoning Ordinance.50 feet was probably your general two-story or three-story office building The I-1 zoning district,of course, was to develop office or industrial-type uses In order to provide for the typical three-story office building at the time, that's how the 50-feet was established Council Member Wilt: Okay.Then now we're arriving at a 65-foot number? Chris Murphy:65 now,we understand that we have property owners in the I-1 district who are actively pursuing the development of a data center The standard data center two-story building measures at 65-feet In order to achieve that, the height would have to be included now It makes sense because a lot of the parcels in the I-1 district today are generally smaller, are constrained by the various constraints on the property, such as slopes, wetlands, streams, and whatnot In order to have a development of a workable building, it's going to be a smaller footprint taller buildings We want to try to accommodate that with the 65 feet Page 7 I February 28, 2023 Council Member Wilt: I wonder in general, it sounds like we're anticipating specific users and setting a criteria that accommodates a specific user type Is there a way to do something that identifies the envelope of building constructionally one, so that if a user is outside of that, they don't have to come back and do some revision or exception process? Even in the case of anticipated user type of a data center, let's say someone has a particular technology that helps them in the market and they need a 75-foot building. Do we have a problem with a 75-foot building? Chris Murphy:The initiation is for 65 If you wish to petition the members of the Council here to have us pursue a 75-foot height,well do that but right now on the table is 65 because we know that the 65- foot building is the prototypical two-story data center building today Council Member Wilt: I understand I guess I'm struggling with putting something in a Zoning Ordinance that we don't know we have a solid basis for and which can cause a problem down the road which then we'll be back here asking for another change possibly If we say whatever the objective is, if there's an aesthetic restriction with step backs up to,what would be a height?Then say we can build within that height rather than at this point, picking a number 75 feet or 65 feet Chris Murphy: We're not arbitrarily picking a number We have the prototypical two-story data center which is being built throughout Loudoun County today It's 65 feet We know that from the data center operators out there that we're working with today Council Member Wilt: Those are people that are known? Chris Murphy:Yes Council Member Wilt: Some other user comes up that we're not aware of today and may want a use for this property which is not 65 feet I'm wondering essentially, why restrict something which doesn't need to be restricted in this manner? Chris Murphy: I think one of the considerations of Council, its a legislative body Massing size of buildings You have plenty of examples throughout your Zoning Ordinance that restrict massing in size of building because you want the vision for the Town to be something that it is and something that it's not Taller buildings typically and traditionally has not been the goal for the Town of Leesburg. As the legislative body,you certainly can make a motion to initiate something different We're here, it's not stuff that's pushing for this This is stuff that's following up on petitions to Council for this ordinance amendment I'm simply the messenger, sir I think we have solid basis for height restrictions, for building manners restrictions, setback restrictions that aren't lust arbitrarily determined We know that this is something that they build today and this zoning district that we're pushing to have data center development in, does not allow the height that's required for their two-story buildings Thus the 65 feet has been derived Of course, if the Council feels that a taller height is more appropriate,then by all means Whatever you initiate we'll pursue Council Member Wilt: I don't have expertise on data centers or other potential customers in other industries that may have interest in Leesburg in the future I was hoping there might be some way to get a determination or a study process rather than a specific customer or developer coming to say, "I need a specific height" Can we say, "This is the height for massing and sizing that we would zone to and restrict to ahead of time?"Anybody then who can fit into that envelope Chris Murphy: It's essentially what you're doing You're establishing a height, 65 because we know that the two-story prototypes being built today are 65 If you wish for something else,then we'll examine Now, we are actively working with the data center industry to develop data center regulations, new standards for data centers Right now working with them,65 is the envelope that we're in because that's what they're building today for their latest designs Council Member Wilt:All right, I understand Thank you Page 8 I February 28, 2023 Chris Murphy: Certainly sir Mayor Burk:All right We have initiation of the zoning Mister,you're leaning forward Council Member Bagdasarian: Also, it Just came to mind we're also in the process of revisiting the zoning overall based on the new Town plan so we're in the early stages of that That will begin very soon Council Member Wilt: That's correct, yes Mayor Burk:All right, Mr Cimino-Johnson Mayor Burk: Mr Cimino-Johnson Council Member Cimino-Johnson: I just have two quick questions This will cover all the I-17 Chris Murphy: It does Council Member Cimino-Johnson: Do you know what the tallest data center is in Loudoun County today? Chris Murphy I do not Like I said, we do know the pro-typical two-story buildings are 65 feet. Now, we're learning that 65 feet is the top of the actual building and they'll have roof-mounted coolers and generators, et cetera They'll have parapet walls to screen those that will go above the ultimate height of the building We're still working those things out with the data center what's appropnate to bring to the Planning Commission and to you for legislative approval but we do know that a typical two-story building is 65 Council Member Cimino-Johnson:65 feet is lust the building, so if they put something on top of it, it doesn't count Chris Murphy: In certain Jurisdictions, they don't count it We will present something to you and see if it meets your muster here Council Member Cimino-Johnson: Should we do 707 Mayor Burk: No Council Member Cimino-Johnson: Okay Thank you Chris Murphy You're welcome, sir Mayor Burt We have the 12F which is to Initiate the Zoning Ordinance Amendment to Increase the Building Height En the Industrial Research Park Zoning District Is there a motion? Council Member Cummings: So moved Mayor Burk: So moved by Mr Cummings, seconded by Vice Mayor Steinberg All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed Council Member Wilt: Nay Page 9 I February 28, 2023 Council Member Cimino-Johnson: I abstain Mayor Burk: Okay,that's 6-1-1 That's right, we got to take it off of that one Okay, 5-1-1,thank you Chris Murphy: Thank you all very much Mayor Burt Thank you The next one is the Downtown Speed Reduction This is a resolution lowering the speed limit in the historic district of Leesburg from 25 miles per hour to 20 miles per hour Hello, how are you today? Niraja Chandrapu: Good, thank you Good evening, Madam Mayor and Council Members My name is Niraja Chandrapu,Transportation Engineer in the Department of Public Works and Capital Projects Today we will be discussing on the brief history on how we got where we are,what is the main purpose of the engineering study, what are the key takeaways of the engineering study and what are the recommendations of the staff and RTC The residents of Memorial Drive raised a concern about speeding in the area and the Town Council requested the staff and the RTC to research the issue and evaluate possible solutions The Virginia State law authorizes the local governing bodies to reduce the speed limit when supported by an engineering study An engineering study was then conducted to evaluate the application of this Code At the previous Council meeting, a presentation was given on the findings of the findings of the engineering study There were two discussion points raised by Mayor and Council Member One is to include the streets outside the proposed reduce the speed limit zone of West Market Street and Loudoun Street Southwest into the plan A similar concern about including the South King Street south of W&OD trail in the proposed area for the reduced speed limit To give an overview of the study area, the study area included Market Street and Loudoun Street in the east-west direction and King Street in the north-south direction. The posted speed limit in the study area is 25 miles per hour There is a curbside parking pretty much through all the streets All the streets are forming a great form of streets There are few historic buildings that limit the sight distance for the posted 25 miles per hour The key takeaways of the study are the 85'h percentile of the entire study area is 26 miles per hour The average speed of the area is 21 miles per hour and the collision data does not indicate a high number of collisions related to pedestrian activity and/or high operating speeds The data provided in the safety studies conducted by National Highway Traffic Safety Administration and US Department of Transportation affirm that the risk of fatalities would be reduced with a lower speed limit zone once implemented The updated Virginia Code allows the Town to set a speed limit in the business district and residential district to a lower speed with the appropriate sign placement and an adopted ordinance As you can see on this map, the streets that are within these green boundaries are proposed to be in 20 miles per hour area and the blue boundaries is where the reduced speed reduction will be installed The staff supports reducing the speed limit in the core downtown Leesburg from 25 miles per hour to 20 miles per hour The Police Department does not oppose and agrees that lower speed limits should result a decrease in the property damage and the seventy of the injuries in the event of pedestrian crashes RTC recommended reducing the speed limit from 25 miles per hour to 20 miles per hour in the core downtown area and to implement speed transition zones on streets surrounding the area With that, I conclude my presentation and request the Council to make action on the resolution Mayor Burk: Thank you very much Does anybody have any questions on this? Council Member Cimino-Johnson: I do Mayor Burk:Yes, sir Page 10 I February 28, 2023 Council Member Cimino-Johnson:Thank you for your presentation I do have a couple of questions The first one is how many pedestrian accidents have we seen in the last ten years in this area? Niraja Chandrapu: There were three pedestrian crashes Let me pull that data Council Member Cimino-Johnson: In Leesburg, in this area? Niraja Chandrapu:They are at Loudoun Street and King Street We have gathered the data from 2018 to 2021, and the total number of collisions were 60, out of which pedestrian collisions were three Council Member Cimino-Johnson:Were they fatal?Do we know? Niraja Chandrapu:What is it, Council Member Cimino-Johnson:Were they fatal? Niraja Chandrapu: No Council Member Cimino-Johnson: Okay No? Niraja Chandrapu: Not fatal Council Member Cimino-Johnson: No That's actually all the questions I had Thank you Niraja Chandrapu: Thank you Mayor Burk: You know where my question is going to go I have real concerns with the fact that at Loudoun and Market Street, where it meets, that's not even in the transition zone You won't even be doing anything there, and that is one extremely dangerous crossing If we could extend it a little bit further, the transition area beyond Morven Park Road or where the intersection comes and do some traffic calming, I could accept this but the map here doesn't even go as far as Morven Park Road to that intersection Niraja Chandrapu:We can extend the speed reduction area, as you can see in the map,the blue zone on the west side further to the left to the west of Morven Park Road We will have to take this to the RTC Commission,and then we will discuss about the traffic calming measures because now the study do not support and Virginia Code allows that it should be supported by an engineering study in order to recommend for a reduced speed area What we will do is we will look into the traffic calming measures that could be implemented such that the drivers are forced to change their behavior to lower their speed limits with payment markings or come up with other possible solutions We will look into it Mayor Burk: Markings aren't going to do it alone What I'm obviously not communicating well Is that it stops before the transition area where you're doing the calming The traffic calming stuff is stopping before Morven Park Road That's the intersection where Morven Park Road right there, that's where Loudoun comes and Market comes I see kids and people walking there all the time and I hold my breath when I see them because it's such a dangerous intersection Niraja Chandrapu: As you can see, as we have drawn there, we will extend that speed zone for lowering this--reduce the speed limit,and we will look into traffic calming measures in that segment Renee LaFollette: The transition zone transit we can extend back Niraja Chandrapu:The transition zone,we can extend back to the west of Morven Park Mayor Burk: I'm Just asking a little bit beyond so that that intersection is covered Page 11 I February 28, 2023 Niraja Chandrapu: Sure We can include that Mayor Burk: All right If you can do that, then I'm okay with it I think it's a tough area You don't think that people will speed down there and most people don't, but the ones that do, everybody notices because it's so unusual to have someone going-- some people are going very fast and as they're leaving, they're coming down Market Street, that's a hill and they can't see you, and so if someone's walking across the street,they have to run to get the other side because if they're coming fast,they end up causing a problem Thank you. I guess all I need to do is say thank you Niraja Chandrapu: Sure [crosstalk]possible solutions in that segment Vice Mayor Steinberg: I have a point of order Mayor Burk:Yes Vice Mayor Steinberg: Do we need to include initiation of the traffic calming measures in approving the motion for lowering the speed limits? Mayor Burk: Do you need to include the traffic calming? I move to approve the[crosstalk] Vice Mayor Steinberg: The motion talks about reducing speed limits but doesn't include the traffic calming measures Should we include that as part of the motion? Chris Spera: To the extent that what the Mayor has proposed and what staff has agreed to add is not included in the original resolution, then yes, the motion would be to adopt the proposed resolution as modified by the discussion between the Mayor and staff Vice Mayor Steinberg: Okay I would like to make that motion then Mayor Burk: We'll come back to you Mr Bagdasarian has a question. Council Member Bagdasarian: Just for additional clarification. That intersection is dangerous for pedestrians regardless of the speed It is Just for clarification, there are plans for pedestrian improvements in that area, is that correct? I believe you said that last time Niraja Chandrapu: Yes Traffic calming and pedestrian improvements We are going to look at how we can change the driver behavior and force them to change for them to force them to lower their speed limits Renee LaFollette:Also with the Morven Park Road sidewalk project,we are putting pedestrian crossing across Loudoun Street and across Market to be able to get across there with the rapid flashing beacon pedestrian warning signs That will be a part of the Morven Park Road project Council Member Bagdasarian:Wonderful Just for clarification,the sidewalk that ends about midway on Loudoun Street towards Morven Park, that will be extended all the way to the end? Renee LaFollette: The sidewalk that is owned by the HOA property that we are not touching, but we will extend from there to where the crossing will go across Market Street so that they will have an ADA- accessible pathway into downtown Council Member Bagdasarian: Thank you Mayor Burk: Vice Mayor Steinberg, did you have a motion you wanted to make? Vice Mayor Steinberg: Yes Thank you I'd like to move to approve the resolution including reflecting the conversation that we've had this evening regarding traffic calming the extension of the zone Page 12 I February 28, 2023 Mayor Burk: Is there a second? Council Member Bagdasarian: Second Mayor Burk: Seconded by Mr Bagdasanan All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed? Council Member Cimino-Johnson: Nay Mayor Burk: Okay That's 6-1 Ms Nacy, I didn't hear you, Council Member Nacy:An aye Mayor Burk:A No? Council Member Nacy:An aye Mayor Burk: Oh, okay Thank you [laughs] All right That takes us to our public hearings In the first public hearing [silence]The next item on our agenda is the receipt of bids and a public hearing for the ordinance review of the franchise with Washington Gas Light Company The Town has duly advertised a proposed franchise ordinance, invited bids required by law One bid was received from the Washington Gas Light Company Does anyone else in the audience wish to submit a bid for this franchise? If so, please bring it forward at this time I don't see anybody rushing forward What? Vice Mayor Steinberg: [inaudible] Mayor Burk: Oh, you were joking I'm sorry Daughter] I thought you were seeing somebody I didn't see There being no bids, I now declare the bidding closed I will now open the public hearing for an ordinance reviewing of the franchise with the Washington Gas Light Company. I call to order this February 28'h, 2023, 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 sign up on the sheet in the hallway outside the Council Chamber, but if you did not get the opportunity to sign up we will give you the opportunity to speak We will also provide an opportunity for remote public participation for callers on the phone,or by WebEx In all cases,please identify yourself and if comfortable,give your address for the taped record In the interest of fairness, we also ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes indicating that you have one minute remaining At that time,we would appreciate your summing up and yielding the Floor when the bell indicates your time has expired Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens. However, rather than have numerous citizens present remarks on behalf of a group, if any speaker is representing a group,the Council will allow a spokesperson for a group a few extra minutes In that instance, we would ask speakers when they sign up to indicate their status as spokesperson, the group they represent, and then request for additional time Our procedure for the public hearing is as follows First, there's a brief presentation by staff about the item before us Second, members of the public who have signed up to speak will be called and given five minutes each to make their comments The public hearing item on the agenda for tonight is reviewing the franchise with Washington Gas Light Company to use and occupy the streets,alleys, and other public grounds of the Towns of Leesburg as the same now existed or may hereafter be laid out for the construction, maintenance,and operation of a system of pipes, mains,connections, meters, and other equipment and appliances necessary or convenient for the transmission. distribution and sale of natural gas in the Town of Leesburg That's a mouthful Yes, Mr Spera Page 13 1 February 28, 2023 Chris Spera: Madam Mayor, Members of Council, good evening I am Chris Spera the Town Attorney and I will be giving you what is a very brief presentation The last franchise agreement that the Town had with Washington Gas Light was in 1992, 30-year term that the franchise expired and Washington Gas has sought to renew their franchise They had previously submitted their$1,000 bid which is the standard bid in the area No, obviously it was the only bid that we received The franchise agreement essentially allows Washington Gas as a utility to occupy the streets and other municipal property of the Town and to provide service to our residents and businesses There are also specific provisions in the ordinance related to right-of-way and when they can operate within the right-of-way to engage in repairs or replacement of infrastructure,those types of things The ordinance that we prepared was jointly prepared by my office and in-house Council from Washington Gas It is consistent with the prior ordinance that we did and it is consistent with the practices of other jurisdictions Would be another renewal for 30 years, and all applicable license fees and taxes will still apply as was the case with the prior ordinance Staff from Washington Gas are here if you have any questions of them, but essentially that concludes my presentation and this is a renewal of our existing service provider Mayor Burk: Okay Is there any questions for Mr Spera Council Member Cimino-Johnson? Council Member Cimino-Johnson: Yes, I do have a couple of questions The franchise expired January 14'h, 2022 Have we not been receiving any money since then? Chris Spera:Well,the compensation is not monthly or anything like that,there's a bid for the franchise, the right to have the franchise They continue to provide services and whatever taxes or other charges may become due are triggered by--we don't get a monthly fee There's nothing like that It's simply a bid process This was the only bid that we had back in 1992 This was the only bid that we had at this time,so it's a fiat amount that's paid one time Council Member Cimino-Johnson: I didn't hear what you said what it was earlier, how much? Chris Spera: It was$1,000 Council Member Cimino-Johnson: $1,0007 Chris Spera: Yes, sir Council Member Cimino-Johnson: A year or in total? Chris Spera:Well,just total bid Council Member Cimino-Johnson: Oh, okay What happens if we would vote no on this? I'm just cunous Chris Spera: If we vote no, then they will not have the right to occupy the right of way and we don't have natural gas in the Town Council Member Cimino-Johnson: Okay I don't anticipate that I was just curious Thank you Mayor Burk:Anybody else had any questions at this point?Yes? Vice Mayor Steinberg:Just one point of information I'm looking at our packet here,and it says provide services in electricity Is that a typo? It says electricity, not gas Its a minor point, I was just curious [laughs] Page 14 I February 28, 2023 Jessica Arena: Electricity Mayor Burt Is that the correct word that should be in there? Jessica Arena: It's [inaudible] Chris Spera: Just come up this way Mayor Burk: You got to go all the way to the mic Vice Mayor Steinberg: In our presentation it says purpose of the franchise,provide services, and then in parentheses, electricity as opposed to gas Chris Spera: It's a gas franchise That's a typographical error in the memoranda Vice Mayor Steinberg: Thank you Chris Spera: Sorry Vice Mayor Steinberg:Appreciate it Chris Spera: I had to catch up I'm sorry Vice Mayor Steinberg: No problem Mayor Burk: Good catch,though. [laughs] Chris Spera: It's refreshing to know that the Vice Mayor, whatever his last name may be, has read our product so carefully Mayor Burk: That's true Any additional questions at this point?All right We do have one speaker that has signed up to speak, and I'm going to stop my phone Spam always gets you when you want it Ijaz Mahboob'Was that even close? Chris Spera: Please, come to the microphone Ijaz Mahboob: It was a mistake on my part I signed up on that sheet thinking that was the attendance sheet I do not intend to speak, no I represent Washington Gas as well Chris Spera: He's one of the Washington guys Mayor Burk: Could you tell me how to say your name? Ijaz Mahboob: It's ljaz Mayor Burk: Ijaz' Ijaz Mahboob:Yes Thank you Mayor Burk:Thank you I'm sorry to say it incorrectly Ijaz Mahboob: No, thank you, Madam Mayor Mayor Burk: Is there anybody from the public that would like to speak that has not signed up? I don't see anybody Yes, sir Oh, I'm sorry Page 15 I February 28, 2023 Scott McGeary: That's fine Yes, Madam Mayor Scott McGeary with Washington Gas I'm a Director of State Public Policy Goad to be back here again In addition to ljaz, my colleague, [unintelligible] is here from our office of General Counsel This year, Washington Gas celebrates its 175th anniversary Just recognized by the General Assembly with the support of all members of the cities and counties delegation in Richmond We are very proud of our 12,000 plus customers we serve here, and hope that it'll be a pleasure to act favorably on the measures, so we may continue to provide the safe and reliable service they expect Thanks very much Mayor Burk: Thank you Thank you very much Is there anybody else from the audience that would like to speak that didn't have an opportunity to sign up? I see nobody, so I will close this public hearing. Is there a motion that we could vote on tonight?Anybody? Council Member Cimino-Johnson: So, moved Sorry Mayor Burk: We got to know what you're moving, honey Council Member Cimino-Johnson: I make a motion to[unintelligible] Mayor Burk:A motion is made by Council Member Cimino-Johnson Is there a second? Vice Mayor Steinberg: Second Mayor Burk:Seconded by Vice Mayor Steinberg Eileen,that is a sufficient motion?Ms. Boeing, is that a sufficient motion? Eileen Boeing: Was there an amendment to the ordinance? Chris Spero:There was no amendment to the ordinance, it was just in the staff report Eileen Boeing: Understood Yes, ma'am, as long as it's as is on the agenda, you're fine Thank you Chris Spera: The change that the Vice Mayor noted was in the staff report and not m the ordinance There was no change to the ordinance presented to you Mayor Burk:All in favor, indicate by saying aye Members:Aye Mayor Burk: Opposed?That passes 7-0 Chris Spera:Thank you very much Mayor Burk:Thank you Sorry to make you almost last All right The next public hearing is Tax Rate, 2023 Personal Property Tax Rate, Technical Amendment to the Town Code Section 20-30 and Appendix B-Fee Schedule I call to order this February 28th,2023, public hearing of the 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 upon the sheet in the hallway outside Council Chambers If you did not get the opportunity to sign up,we'll give you an opportunity to speak In the interest of fairness, we also would ask that you observe the 5-minute time limit The green light in front of you will turn yellow at the end of four minutes, indicating you have one minute remaining.At that time,we would appreciate your summing up and yielding the floor when the bell indicates your time has expired Under the rules of orders adopted by this Council,the five-minute time limit applies to all citizens However, rather than have numerous citizens present remarks on behalf of a group, the Council will allow the spokesperson for a group a few extra minutes In that instance,we would ask speakers when Page 16 I February 28, 2023 they sign up to indicate their status as spokesperson, the group they represent, and their request for additional time Our procedure for the public hearing is as follows First, there 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 Tax Year 2023 Personal Property Tax Rate, Technical Amendment to the Town Code's Section 20-30 and Appendix B- Fee Schedule Mr Case Clark Case: Good evening Mayor Burk, Vice Mayor Steinberg, members of the Town Council, and members of the general public My name is Clark Case I'm the Director of Finance and Administrative Services for the Town I'm here to introduce the 2023 Personal Property Tax Rate Setting public hearing, the Personal Property Tax Relief Act application percentages, and the vehicle license fees public hearing The Personal Property Tax adoption for Personal Property Tax is required by a Town and County Memorandum of Agreement Loudoun County bills and collects the Personal Property Taxes on behalf of the Town on the same bill that they bill on their own, semi-annually in May and October Personal Property Tax, known as PPT, is prorated for vehicle moves during the year Prior agreement with the County,the Personal Property Tax rates must be adopted by Town Council in February in order for the County to meet its billing deadlines There are no proposed changes in the 2023 tax rates in the Town Manager's proposed budget or in the ordinance we are asking you to consider Aircraft are billed at$001 per$100,000 of assessed value Motor vehicles, tangible personal property, excluding public service corporations, are billed at$1 per $100 assessed value Bank capital is billed at$0 80 per$100 of net capital for the banks located within the Town Any changes to the tax rate at this time would have implications for the current Fiscal Year 2023 budget adopted and the Fiscal Year 2024 proposed budget The Town has not changed its Personal Property Tax rate in over 10 years The Fiscal Year '23 proposed budget includes the Personal Property Tax revenue of$3 89 million and the Fiscal 23 budget includes a $3 8 million based on the current rates The Personal Property Tax revenue is 6% of general fund revenue The Commonwealth of Virginia has a credit that it provides as a grant to the Town Under Section 20- 30, the Town sets a Personal Property Tax credit for the first$20,000 of vehicle value Since the State grant is a flat dollar amount, the percentage changes every year, usually going down slightly because you have the same dollar amount being applied over a larger number of vehicles The Personal Property Tax credit is 35% It's calculated by a computer model supplied by Loudoun County based on their tax database The Town Code is being updated to change the setting of the rate to schedule B-fees to be consistent with other rates reflected in the Town Code for the PPTRA. The vehicle license fee is proposed for Fiscal Year 2023 is unchanged to $25 per vehicle for all types of vehicles The vehicle license fee is also billed by Loudoun County on the same bill as the Personal Property Taxes The vehicle license fee is assessed according to the January 1, 2023 situs of the vehicle and is not prorated for moves during the year The fee is set to be required to be the same as Loudoun County's fee and to be collected under the same--and billed and collected under the same rules That's lust part of the Town's MOA for simplicity administration by the County At that point, we'll be entertaining questions you may have Mayor Burt Thank you Is there anyone who has any questions?Yes, Mr Cummings Council Member Cummings: Just a few questions, you answered one of my questions which was when we had to have this rate to the County so that its February, I heard that correctly Page 17 I February 28, 2023 Clark Case: Correct Council Member Cummings: Okay,we have Mayor Burk:Tonight Council Member Cummings: Today Clark Case: Today is when we have[unintelligible] it by March 151 Council Member Cummings: This is like my college experience waiting until the last minute The County Assessor assesses vehicles, personal property, and then sets that for the County, is that correct? Clark Case: Yes,they are the assessor of records by State Statute and they do it whether we bill it or they bill a Council Member Cummings: Typically, does the Assessor then gives the County a number of what he's going--Is there an offset that he does typically of assessed value so you're not paying 100%of the assessed value you're paying on 95% or 85%? Clark Case:Well,ordinarily,it's 100%is the policy and in most years the value of the vehicles go down for used vehicles,the rate goes down mast of the time Last year was an aberration and the Assessor, the Commissioner of Revenue for the County set the rate at 80%, because the vehicles for the first time in over 30 years, the vehicle values went up for used cars This year, they basically depend on the vehicles some went up,some went down, but on average it was pretty close When I exchanged emails with him, he said it would be between 95%and 100% of the market value Council Member Cummings:When are you going to have that number set by? Clark Case: Pardon me? Council Member Cummings:When does he set that number? Clark Case:They said January 1s', 2023 Council Member Cummings: We know what he's- Clark Case: He knows Council Member Cummings: He just hasn't released it to us? Clark Case: Well, it's about 23,000 vehicles in the Town, we don't get it until after they collect it, he sends us based on what he's billed and collected after he collects it Council Member Cummings: He expects us to make a decision by February, at the end of February, but can't provide us any number on what the percent offset will be for assessed value? Clark Case: Not in the details, he can telt us in total when we run the reports what it's going to be, but it vanes by vehicle The Jeep may have appreciated more than a Cadillac or vice versa.The only way to get there is to look at every single vehicle and that is actually how they set the 35%for the credit Is they have a program that runs through their database and calculates it based on the vehicles? The vehicles will move in and out of the Town during the year, so the actual amount you collect will be different, because some people will have moved out, and some people will have moved in The vehicle Personal Property Tax is prorated for the moves Page 18 I February 28, 2023 Council Member Cummings: If there are residents that received this bill, and they feel like there's a discrepancy in the assessment and they'd like to contest that assessment, or they have an inability to pay at this point, is there programs available to them to work with the residents that have issues? Clark Case: If they think the bill is incorrect they can go to the County Assessor's Office and file an appeal They then can present why they think the assessment is incorrect The assessments are based on the NADA vehicle guides, it's an independent rate-setting group from JD Powers, and they set what the average vehicle value is People, maybe somebody's had a couple of accidents to the car and they don't think your car is worth that much they can go file an appeal, and the assessor will look at it and make a determination That also goes into adjustments that happen that would cause the value to be different than what it was January 1 There is also low-income and elderly tax relief provisions in the statute as well, and that is also administered by the Commissioner of Revenue Council Member Cummings:The Town of Leesburg we're not able to adjust any kind of offset directly for the residents,we rely on simply the assessor and what the State level of offset is? Clark Case:That's correct, the money is provided by the State, is fiat dollar amount every year, same amount Council Member Cummings: I think that was Governor Gilmore, right? The last question is on the motor vehicle, the$25 fee, what are residents paying that fee for? Clark Case: It's in effect a tax It's something we can levy, we could choose not to levy it but the Loudoun County Treasurer has told me more than once, that if the Town doesn't levy that fee, he will because he can levy it if the Town does not, and he thinks it's a matter of tax equity, that if they levy it to all the people who live out in the County If the Town decides not to levy it,he'll levy it for the residents of the Town because he can He thinks it's a matter of tax equity that everybody in the County should pay the same tax Council Member Cummings: Is that simply because we have a Memorandum of Understanding with them to collect this or he can just-- Clark Case: The state statute allows the Town to levy the$25 fee If the Town does not levy the fee, the State permits the County to levy the fee but the County and the Town cannot levy the fee each It can't be a $50 fee, it can only be$25 to the Town or$25 to the County but it can't be both.The people who live in the County in the unincorporated areas, they pay their fees to the County, whereas the people who live in the Town pay their fee to the Town The Town chose not to levy the fee,the County would levy this fee and the money would go to the County instead of the Town Kaj Dentler I can add what part of what Mr Case is also telling you is that if you remember back in the days we got a sticker every year and you had to put it in your--that's what this fee was associated with years ago,the sticker program was eliminated The fee was not Clearly what he's talked and we usually have this same conversation every year if we drop our fee,the County will assess in the Town and the only difference is Leesburg will get no revenue The County will get all of it Unless Loudoun gets rid of their fee,you're in a tough spot Council Member Cummings: My last question, I promise How would it affect the budget if we cut the dollar for every$100 to say 50 cents for every$100 value? Clark Case: The value in 2023 is $3 8 million You would have to find a way to cut the existing year budget by half that amount You're looking at what, $1 65 million, about a penny and a little less than a half on the real estate tax rate You would have to dramatically take some of a reduction in some services You'd either have to cut Police protection or cut another service that the Town's currently providing in the current year Then you would have to turn around and cut a little bit more than that for Fiscal Year 2024's proposed budget as well You'd have to take about at least a penny and a half increase in the real estate tax for next year to make up for that revenue loss or you'd have to find that much in program reductions from the current services the Town provides Page 19 I February 28, 2023 Council Member Cummings: Every time I say last question I always have one more but I won't do it this time Thank you Clark Case:You're welcome Mayor Burk: Council Member Cimino-Johnson Council Member Cimino-Johnson: Thank you, Clark That was a good presentation I just have a couple of questions and the first one is,why do we assess or why do we charge, I guess 100 of a penny for aircraft? Clark Case:That is the market rate in the market for Personal Property Taxes on aircraft in Manassas, Wnchester, and the other surrounding They all assess at that or less and it's a part of the business model of the Airport Airplanes are very large, expensive items and even a very small tax rate generates a fairly substantial bill for large corporate lets, it would be very large and they would simply use a different Airport The business model for how Airport revenues get generated is the airplane owners pay for he-downs or hangar spots to get their planes in and out of the weather and they pay for aviation fuel and the Town gets a portion of the aviation fuel The revenue model is based around fuel and hangars and tie-downs rather than Personal Property Taxes The Personal Property Taxes are not earmarked in any particular way for the Airport and the other items are attributable directly to the Airport That's the business model Council Member Cimino-Johnson: Okay You probably don't know off the top of your head,what we get a year from lust the aircraft Clark Case: No, I do not We would have to wait till the County gives us that information again after they've collected it Council Member Cimino-Johnson: Define tangible personal property for me Clark Case: Tangible personal property is typically large equipment items. Most of the tangible business property is business property, not personal property When we look at personal property for your average homeowner, you're talking almost exclusively vehicles A business that owns a server farm in their business, they have maybe large medical equipment, certain light industries have production equipment,those things are business tangible property It's primarily a business tax Council Member Cimino-Johnson: Thank you Mayor Burk:Anyone else have any questions at this point? Do we have a motion?Oh,wait a minute No, I'm going to remember it Is there anybody here from the public that would like to speak? Nobody's coming forward In that case, I will close the public hearing at this point and I will ask for a motion Anybody have a motion to-- Vice Mayor Steinberg: Let me get to it Mayor Burk: Here It's right there Vice Mayor Steinberg: Thank you That will work I move to approve the proposed ordinance to set the Tax Rates on Personal Property, Vehicle License Fee, and Personal Property Tax Relief for Tax Year 2023 as proposed at the currently adopted tax rates Mayor Burk: Is there a second? Motion made by Vice Mayor Steinberg Councilman Bagdasanan seconded All in favor indicate by saying aye Members:Aye Page 20 I February 28,2023 Council Member Nacy:Aye Mayor Burt Opposed? Council Member Cummings: Nay Mayor Burt That's 6-1 All right, Mr Cummings Chris Spero: Who's that? Mayor Burk: Mr Cummings All right,we are done with our public hearings for tonight Thank you, Mr Case and Cole,thank you for being here Unfinished Business Our Council disclosures and comments Mr Cimino-Johnson Council Member Cimino-Johnson: Oh, jeez Okay I have a couple of things First is disclosure Today I met with Russell Seymour and Kevin Ash about the Liberty Hotel I'll be submitting that The second one is a comment I think it was two weeks ago I did a ride-along with Officer Naz of your department. We hung out for three hours It was pretty awesome I did ask for a gun, but I didn't get one I just want to do a shout-out to our Police Officers because you all do a tremendous job It is quite overwhelming for someone from the public I know that that is not my wheelhouse, so thank you Then future items I would like to put on would be to discuss moving our meetings on Mondays and Tuesdays, the second and fourth Monday to six o'clock Mayor Burk: Are there four people that would be interested to have a discussion about moving the meeting to six o'clock? Mr Bagdasanan, Mr Steinberg As long as it's a discussion, I think all of us are probably okay with that Ms Nacy? Council Member Nacy: Sure Kaj Dentler: Is that a work session? Mayor Burk: She's fading Just a work session, yes Did you say the next work session or a work session? Council Member Cimino-Johnson: Oh,whenever it fits on the schedule Mayor Burk: Is that it? Is that it? Council Member Cimino-Johnson: Oh,yes I'm sorry Yes Thank you Mayor Burk: Mr Cummings? Council Member Cummings: No real disclosures I did meet with some residents in the Potomac Station area to discuss some traffic concerns they have coming out of the middle school, as well as some potential development in the Hamblet property That's it Mayor Burk:Thank you Mr Wit Council Member Wilt: Just one disclosure A meeting with Kevin Ash regarding his proposed Inn project on South King Street Mayor Burk: All right, Mr Bagdasanan Page 21 I February 28, 2023 Council Member Bagdasarian: I've got a few disclosures a couple of weeks ago The first one, I had a meeting regarding the Hamblet rezoning with Earl Hoovler, Scott Parker, and Matt Leslie I had a meeting,it was a brief meeting with Kevin Ash regarding the hotel project,and had a meeting with Peter Burnett,James David,and Vice Mayor Martinez,I'm sorry,Steinberg,on the 24'h What's that?Oh yeah Don Knutson Thank you and that's it Mayor Burk:Vice Mayor Steinberg Vice Mayor Steinberg: No comments One disclosure same meeting with Council Member Bagdasanan, involving James David, Peter Burnett and Don Knutson to discuss the Liberty Street RFP and the potential hotel Mayor Burk: Oh and Ms Nacy,thank you Council Member Nacy: I don't have anything Mayor Burk: If you did you probably wouldn't tell us right now I would like to welcome the Bead Studio on Sycolin Road A lovely little shop that's opened It's a great addition to the businesses here in Leesburg JP Morgan Chase opened their first Leesburg branch here They're very excited to be here in Leesburg They're the largest bank in the United States Welcome to Bender's Bites, used to be Bender's Bagels but now they're doing hotdogs and sausage I also want to make sure that we welcome Gyro Kitchen It's in the Outlet Mall and it's a lovely restaurant where you would--it's a takeout restaurant has lots of different middle eastern food and fried chicken and hamburgers They came from a food truck and now it's a brick-and-mortar shop in the Outlet We want to make sure we welcome them. On the 16'h I met with Supervisor Umstattd with the Leesburg apartment tenants and they expressed their concerns. A lot of it centered around things that the County can do to help them Supervisor Umstattd is taking the lead on that to try to get them some relief On the 18'h I attended the Ball's Bluff Regional Park dedication of Lewis Bell He was the first enslaved person in America to actually pick up a gun and be involved in the Civil War battle Much to his danger from obvious reasons but also because he wasn't allowed to do that If you get the chance to take that walk, it's a beautiful park It's a wonderful location and the interpretive maps are just fascinating On the 22nd with Council Member Nacy we met with the County On the 23,d, I had the meeting with the Northern Virginia Regional Commissioner and I already gave you those reports On the 25'h we said goodbye to Leesburg resident Don Chapman Don was an amazing musician, a wonderful father and just a great addition here in Town. He did the Acoustics on the Green every year He was a part of the Jingle Jam He was so talented and gifted and we truly,truly miss his not being here Thanks his family for inviting us to participate in saying goodbye On the 26°, the Friends of Ball's Bluff again joined Supervisor Umstattd This is an annual fundraiser They had phenomenal stones and I wish I had time to tell you some of the stories that they told They had three historians that told different stones about different battles and different histories I do need to disclose that today I met with Mr Jewell concerning the O'Connor Properties Town Manager? Ka)Dentler: I have two items for you One, I've already advised all of you except for Ms. Nacy directly about the Remote Tower Program that the FAA has decided to discontinue on June 141^ We will provide a staff bnefing to you in two weeks in this room, and we will invite both the FAA and Saab to be here Second and finally is our parking program resumes tomorrow It's been a long time since we've had paid parking on the street and the garage, but tomorrow if you are coming in the garage you do need your badge or you can take a ticket if you don't have your badge On the street, we've gone to Park Mobile for the app versus no more coins That's it thank you Mayor Burk: All right Is there a motion? Council Member Cimino-Johnson: [unintelligible]works with that Page 22 I February 28, 2023 Kai Dentler: No Mayor Burk: Moved by Vice Mayor Steinberg Second? Council Member Cummings: Second. Mayor Burk: Second by Council Member Cummings All in favor aye Members:Aye Mayor Burk: Opposed?Were done Thank you I hope you feel better Ms Nacy Council Member Nacy:Thank you Page 23 I February 28, 2023