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.
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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
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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
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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:
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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.
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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.
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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
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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.
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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
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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?
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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