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HomeMy Public PortalAbout2023_tcmin0328 COUNCIL MEETING March 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, 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 Utilities Amy Wyks, Director of Parks and Recreation Rich Williams, Director of Economic Development Russell Seymour, Interim Chief of Police Vanessa Grigsby, Director of Planning and Zoning James David, Director of Plan Review Bill Ackman, Director of Information Technology Jakub Jedrzejczak, Director of the Thomas Balch Library Alexandra Gressitt, Director of Human Resources Josh Didawick, Airport Director Scott Coffman, Public Information Officer Kara Rodriguez, Deputy Drector/Treasurer of Finance and Administrative Services Lisa Haley, Deputy Director of Parks and Recreation Kate Trask, Budget Officer Cole Fazenbaker, Preservation Specialist Debi Parry and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Vice Mayor Steinberg. 3. SALUTE TO THE FLAG was led by Council Member Cimino-Johnson. 4. ROLL CALL a. Electronic Participation for Council Member Bagdasarian Council Member Bagdasarian requested to participate electronically in the March 28, 2023, Council Meeting due to a work conflict on the west coast. Council Member Cimino- Johnson, Council Member Cummings, Council Member Nacy, Vice Mayor Steinberg, Council Member Wilt and Mayor Burk were physically present at the meeting. MOTION2023-058 On a motion by Vice Mayor Steinberg, seconded by Council Member Nary, the following was proposed: To allow Council Member Bagdasarfan to electronically participate in the March 28, 2023, Town Council Meeting. The motion was approved by the following vote: Aye: Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 6-0-1 (Bagdasarian abstain) 1 I Page COUNCIL MEETING March 28, 2023 5. MINUTES a. Work Session Minutes of March 13. 2023 MOTION2023-059 On a motion by Council Member Cummings, seconded by Council Member Nacy, the March 13, 2023, Work Session minutes were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 b. Regular Session Minutes of March 14, 2023 MOTION 2023-060 On a motion by Council Member Nacy, seconded by Vice Mayor Steinberg, the March 14, 2023, Regular Session minutes were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 6. ADOPTING THE MEETING AGENDA MOTION2023-061 On a motion by Vice Mayor Steinberg, seconded by Council Member Cummings, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. National Child Abuse Prevention Month Mayor Burk read the proclamation for National Child Abuse Prevention Month and presented it to Loudoun Child Advocacy Center Director Esmerelda Ortiz who made a few remarks. 2 1 Page COUNCIL MEETING March 28, 2023 b. Sexual Assault Awareness Month Mayor Burk read the proclamation for Sexual Assault Awareness Month and presented it to LAWS Chief Operating Officer Samantha Clarke who made a few remarks. c. Keep Leesburg Beautiful Mayor Burk read the proclamation for Keep Leesburg Beautiful and presented it to Environmental Advisory Commission Chair Paul Sheaffer who made a few remarks. d. National Fair Housing Month Mayor Burk read the proclamation for National Fair Housing Month. e. Motion to Approve International Dark Sky Week Proclamation MOTION 2023-062 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following was proposed: I move to approve the International Dark Sky Week Proclamation to be presented at the *nil 11, 2023, Town Council Meeting. The motion 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. Motion to Approve National Public Safety Telecommunications Week MOTION 2023-063 On a motion by Council Member Cummings, seconded by Council Member Nacy, the following was proposed: I move to approve the National Public Safety Telecommunications Week to be presented at the April 11, 2023, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 9. PRESENTATIONS a. John W, Tolbert, Jr. Environmental Award Mayor Burk and Environmental Advisory Commission Chair Paul Sheaffer presented the John W Tolbert, Jr Environmental Award to Ms. Emma Lloyd for her work on stream/creek monitoring and signage. Ms. Lloyd made a few remarks. 3 I Page COUNCIL MEETING March 28, 2023 b. Environmental Advisory Commission - 2022 Annual Report Environmental Advisory Commission Chair Paul Sheaffer presented Council with the 2022 Environmental Advisory Commission Annual Report. c. Board of Architectural Review - 2022 Annual Report Board of Architectural Review Chair Helen Ailcman presented Council with the 2022 Board of Architectural Review Annual Report. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section opened at 7;44 p.m. Matt Chwalowski. Spoke to Council regarding three items: better cleanup up of roadways after vehicle accidents; improving efficiencies of brush and tree limb pickup by Town staff; and, the value of Town staff nurturing 35 replanted trees when hundreds are removed by development projects. Kim Hart Spoke to Council in support of the Liberty Lot Redevelopment Public Private Partnership proposal. Al Storm. Spoke to Council in support of the Liberty Lot Redevelopment Public Private Partnership proposal. Kevin Olivera. Spoke to Council in support of the Liberty Lot Redevelopment Public Private Partnership proposal. Peter Burnett. Spoke to Council in support of the Liberty Lot Redevelopment Public Private Partnership proposal. The Petitioner's Section closed at 8:00 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2023-064 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following consent agenda was proposed: a. Continuing Services Contract Award to Rinker Design Associates. PC on Federally Funded Projects RESOLUTION 2023-050 Awarding Continuing Services Contract for Comprehensive Engineering, Surveying, and Related Services on Federally Funded Projects to Rinker Design Associates, PC 4 I Page COUNCIL MEETING March 28, 2023 b. Appropriation of Grant Funds for Thomas Balch Library RESOLUTION2023-051 Approving a Supplemental Appropriation for a Grant of$4,900from Loudoun Library Foundation for Thomas Balch Library c. Appointment to the Diversity Commission—Haleema Tayub RESOLUTION 2023-052 Appointing Haleema Tayub to the Diversity Commission d. Lawson Road Pedestrian Crossing—Local Funding Commitment RESOLUTION2023-053 Affirm the Town's Commitment to Fund the Locality's Share of the Lawson Road Pedestrian Crossing of Tuscarora Creek Project with the Virginia Department of Transportation and Provide Town Manager Signature Authority e. Downtown Public Parking Signage RESOLUTION 2023-054 Authorize a Supplemental Appropriation in the amount of$30,000 from the Unassigned Fund Balance for Installation of Additional Public Parking Directional Signage f. Award of Contract— Vendor Verification System RESOLUTION2023-055 Award of Contract to Carahsoft Technology Corporation for a Vendor Verification System g. Liberty Street Parking Lot—Remediation Study Contract Award RESOLUTION 2023-056 Authorize the Town Manager to Sign a Task Order with WSP USA Environment& Infrastructure Inc. in the amount of$130,961 for the Liberty Street Public Parking Lot Remediation Study and Authorize a Supplemental Appropriation in the amount of$164,000 to Establish a Project Budget The Consent Agenda was approved by the fallowing vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 L 5 I Page COUNCIL MEETING March 28, 2023 13. PUBLIC HEARINGS a. 2023 Tax Rate and Fees Ordinance Adoption The Public Hearing was opened at 8:02 p.m. Ms. Lisa Haley presented to Council the proposed tax rate and fees for 2023 Public Speakers: There were no speakers wishing to address this public hearing. The public hearing was closed at 8:06 p.m. MOTION 2023-065 On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the following was proposed: ORDINANCE 2023-0-006 Setting the Real Taxable Property Rate and the Tax Rate for Certain Personal Property for Tax Year 2023;Amending Appendix B—Fee Schedule, Section 20-22 The motion set the tax rate at 17 745. The motion was approved by the following roll call vote(super majority): Cimino-Johnson-aye, Cummings—aye, Vice Mayor Steinberg—aye, Nacy—aye, Bagdasarian—aye, Wilt—aye and Mayor Burk—aye Vote: 7-0 15. RESOLUTIONS /ORDINANCES / MOTIONS a. Fiscal Year 2024-2029 Capital Improvements Program MOTION2023-066 On a motion by Council Member Cimino-Johnson, seconded by Council Member Nacy, the following was proposed: RESOLUTION 2023-057 Adopting the Fiscal Year 2024-2029 Capital Improvements Program in the amount of $415,477,510 The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 6I Page COUNCIL MEETING March 28, 2023 b. Fiscal Year 2024 Budget Adoption MOTION2023-067 On a motion by Council Member Cimino-Johnson, seconded by Council Member Nacy, the following was proposed: ORDINANCE 2023-0-007 Adopting the Budget for Fiscal Year 2024;Making Appropriations for Fiscal Year 2024 for the General Fund, Utilities Fund, and Capital Projects Fund;Authorizing Amendments to the Budget and Supplemental Appropriations by Council Resolution;and Authorizing and Directing the Town Manager to Take All Steps Necessary and Prudent to Effectuate the Implementation of the Ordinance The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nary, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 c. Liberty Street Parking Lot—Redevelopment Proposal Council direction was to accept the Liberty Street Lot Parking Lot Redevelopment Proposal to allow for additional discussion. Mr. Dentler confirmed to Council that $30,000 was approved in the Fiscal Year 2024 budget to conduct feasibility studies on the property. The draft resolution was amended accordingly per Council direction. MOTION2023-068 On a motion by Council Member Cimino-Johnson, seconded by Vice Mayor Steinberg, the following was proposed: RESOLUTION2023-058 Accept the Development Proposal Dated May 31, 2022,for Redevelopment of the Liberty Street Parking Lot and Continue Discussion on the Potential Project The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote 7-0 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 7 , Page COUNCIL MEETING March 28, 2023 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Cummings requested a proclamation and to light the Town Garage orange on June 2 to promote Gun Violence Awareness Day Council Member Nacy asked for confirmation that BAR Chair Aikman's request for updates to the Architectural Survey and H-1 Guidelines were included in the approved Fiscal Year 2024 budget. Planning& Zoning Director James David confirmed the Architectural Survey updates were included in the budget as was updating the Zoning Ordinance which includes review of the H-1 Guidelines; however, updates to the H-1 Guidelines would be separate effort. Vice Mayor Steinberg disclosed he met with Mr. Peter Burnett and Mr. Don Knutson regarding the Liberty Street Lot project and with Mr. Taylor Chess regarding a data center project at Compass Creek. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed she met with Mr. Taylor Chess with Peterson regarding a data center project at Compass Creek. Mayor Burk welcomed Robeks Juice to Leesburg. Mayor Burk congratulated United Bank for celebrating their 184'h birthday Mayor Burk held a Meet the Mayor event at Dolce and Ciabatta at their new location on Ft. Evans Road. Mayor Burk participated in the kickoff for the newly expanded Loudoun Hunger Relief on Miller Drive that will include other charities but noted The Market and Loudoun Hunger Relief will be the primary providers at the expanded location. Mayor Burk welcomed Loudoun Urgent Vet Care to Leesburg. Mayor Burk thanked Ms. Tammy Carter and Tuscarora High School for inviting her to participate in their Unite program that showcased different cultures and countries. Mayor Burk participated in Evergreen Mills' career day and shared some of her experiences with the students. Mayor Burk attended the job fair hosted by the Town's Economic Development Department and said it was well attended. Mayor Burk attended a virtual swearing-in ceremony for new Virginia Municipal League (VML)President Chucky Reed who is filling the role after the passing of the former VML President in January 19. TOWN MANAGER COMMENTS Mr. Dentler shared the news that long-serving Town Utilities employee Max Mellot passed away at the age of 80. Mr. Dentler noted the Potter's Field project was nearing completion and that a dedication ceremony was planned for later in the spring. Mr. Dentler appreciated the staff guidance from Council on the Liberty Street Redevelopment proposal. Mr. Dentler thanked Council for approving the Fiscal Year 2024 budget including the compensation plan for the Police Department. Mr. Dentler asked Airport Director Scott Coffman to provide Council with a brief update on the Town's discussions with the FAA regarding their decision to terminate the remote tower program at the Leesburg Executive Airport. Mr. Coffman briefed Council and noted that a follow-up meeting with the FAA was scheduled for the following week. C 8I Page COUNCIL MEETING March 28, 2023 !! 20. CLOSED SESSION a. Pending Annexation with respect to the Joint Land Management Area (JLMA) MOTION2023-069 On a motion by Mayor Burk, seconded by Vice Mayor Steinberg, the following was proposed: I move pursuant to Va. Code Section§2.2-3711(A)(8)and§2.2-3711(A)(3)of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefings by staff members regarding specific legal matters related to the pending annexation:n the JLMA where such consultation in open session would adversely affect the negotiating or litigating posture of the Town. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 Council Member Bagdasarian informed the Mayor that he would only participate in the first ten minutes of the closed session. Council convened m a closed session at 8:28 p.m. Council Member Bagdasarian left the meeting at 8:40 p.m. Council convened m an open session at 9:01 p.m. MOTION2023-070 On a motion by Mayor Burk, the following was proposed: In accordance with Section§2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member's knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. (ROLL CALL VOTE) Cimino-Johnson—aye, Cummings—aye, Vice Mayor Steinberg—aye, Nacy—aye, Wilt—aye, Mayor Burk—aye. Vote 6-0-1 (Bagdasarian absent) C 9 I Page COUNCIL MEETING March 28, 2023 21. ADJOURNMENT On a motion by Council Member Cummings, seconded by Vice Mayor Steinberg, the meeting was adjourned at 9:02 p.m. Kelly Burk, yor Town of Leesburg ATTEST. f C�LI�s. 7302 Clerk of Council 2023 [cmm0328 I L 10 I Page March 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.leesburgva.gov or refer to the approved Council meeting minutes. Council meeting videos are retained for three calendar years after a meeting per Library of Virginia Records Retention guidelines.) Mayor Kelly Burk:--Town Council meeting of March 2891, 2023 to order If anyone in the room needs hearing assistance, please see the Clerk Council Member--no, it's Vice Mayor Steinberg.will be doing the invocation followed by Council Member Cimino-Johnson,who will be doing the pledge of allegiance Vice Mayor? Vice Mayor Neil Steinberg: Thank you, Mayor Burk First of all, I'd like to welcome everybody to this evening's meeting I would like to offer that sitting here, I feel truly privileged to be serving with this Council and our staff, and in this Town, in this community We are truly fortunate in so many ways Same can't be said for other communities tonight We have communities in Mississippi and Alabama who lost many members of their community to unfortunate weather events Once again, we have a community in Nashville that's mourning the loss of three very young students and staff members. I'm not a religious person, I'm not going to offer thoughts and prayers I don't see the point, and I'm not sure that these people who have suffered this loss would benefit from that Interestingly enough, one woman who was actually visiting Nashville,opined that only in America could someone who had survived a mass shooting, be visiting a friend who lost a son to a mass shooting, and then wind up in yet a third mass shooting Maybe only in America or not, I'm not sure I would offer if we can at least agree that the availability of weapons of war are not serving our communities, especially our children well, then perhaps we are lost A moment of silence, please [silence] Thank you Mayor Burk: Council Member Cimino-Johnson Council Member Todd Cimino-Johnson: I pledge allegiance [pause] Mayor Burk: I need a motion to allow Council Member Ara Bagdasanan to electronically participate in the March 28'h,2023 Town Council meeting Vice Mayor Steinberg: So moved Mayor Burk: Moved by Vice Mayor Steinberg Council Member Kari Nacy Second Mayor Burk: Seconded by Council Member Nacy All in favor indicate by saying "Aye" Members:Aye Mayor Burk: Opposed?That's 6-0-1 Mr Bagdasanan, can you hear us? Council Member Ara Bagdasarian: I can hear you loud and clear Mayor Burk:All right Thank you You are now part of the meeting I need a motion for the work session minutes of March 13th Page 1 I March 28, 2023 Council Member Cumming: So moved Mayor Burk: Council Member Cummings, seconded by Council Member Nacy All in favor indicate by saying"Aye" Members: Aye Mayor Burk: Opposed?That passes 7-0, the regular session minutes of March 14'h,2023 Council Member Nacy: So moved Mayor Burk: Council Member Nacy Second? Vice Mayor Steinberg: Second Mayor Burk: Vice Mayor Steinberg All in favor? Members: Aye Mayor Burk: Opposed?That passes 7-0 I need a motion to adopt the meeting agenda Vice Mayor Steinberg: So moved Mayor Burk: Vice Mayor Steinberg Second? Council Member Cumming: Second Mayor Burk: Council Member Cummings Are there any additions or deletions that anyone wants removed from the agenda?All right.All in favor indicate by saying"Aye" Members:Aye Mayor Burt Opposed? That passes 7-0 We have no certificates of recognition, but we do have a couple of proclamations tonight I would like to read,for the record."The National Fair Housing Month " And this one— Whereas, National Fair Housing Month April 2023 Vvhereas, the first Housing Act enacted on Apnl 11th, 1968, enshrined into Federal law, the goal of eliminating racial segregation and ending housing discrimination in the United States Whereas, the Fair Housing Act prohibits discrimination in the housing based on race,color,religion,sex,familial status,national origin,disability and commits recipients of Federal funding to affirmatively further Fair Housing in their communities Whereas the Town of Leesburg is committed to the mission and the intent of Congress to provide a fair and equal housing opportunity for all, and whereas our social fabric, the economy, health, and environment are strengthened in a diverse Inclusive community Whereas more than 50 years after the passage of the Fair Housing Act, discrimination persists and many communities remain segregated Whereas the act of housing discrimination and barriers to equal housing opportunities are unacceptable to the common sense of decency and fairness.Therefore proclaimed that the Mayor and the Leesburg Town Council recognize April2023 as National Fair Housing Month and are committed to Fair Housing and to promoting appropriate activities by private and public entities to provide and advocate for equal housing opportunities for all Leesburg residents and prospective residents" Proclaimed this 28'"day of March 2023 The next one we have is the proclamation for Keep Leesburg Beautiful That states,"Whereas the Town of Leesburg is committed to environmental stewardship and maintaining the Town's aesthetic appearance of road corridors and public places Whereas many volunteers come forth each April to collect trash from those roadsides, stream areas,and common areas throughout the Town Whereas it Page 2 March 28, 2023 is very important to educate the public that whatever goes into a storm drain ends up in the Chesapeake Bay thus extending the positive impact of clean-up activities far beyond the Town Whereas the Town of Leesburg appreciates the fine work of the Town staff and the Leesburg Environment Advisory Council to keep Leesburg's roadways, Right-of-ways, parks clean and attractive year-round Therefore proclaimed the Mayor and the Leesburg Town Council hereby proclaim April 2023 as Keep Leesburg Beautiful Month and encourages all residents, businesses, youth groups, church groups, and service organizations to participate in keeping Leesburg beautiful by organizing clean-ups and beautification activities" Proclaimed this 28th day The next one is the Proclamation of National Child Abuse Prevention Month "Whereas our children are the most valuable resource and will shape the future of our Country, State, and County, and the Town of Leesburg Whereas it is incumbent upon us,the leaders within our community,to protect our children from child abuse and neglect, which are serious problems within every society Whereas it has been proven that child abuse can have long-term psychological, emotional, and physical effects that have long-lasting consequences for the abused victim Whereas protective factors such as are conditions that reduce and eliminate risk and promote social, emotional, development well-being of the children and finding solutions require input and actions from everyone Whereas effective child abuse prevention practices succeed because of the partnerships created between child welfare professionals,education professionals, health and community, and faith- based organizations, businesses, law enforcement agencies and families Whereas our communities must work together with professional organizations to increase awareness about child abuse and to promote the social and emotional well-being of children and families in a safe, stable, and nurturing environment Therefore I proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia recognize April 2023 as National Child Abuse Prevention Month " Proclaimed this 28th day The last one we have is a proclamation of Sexual Assault Awareness Month Whereas April is Sexual Assault Awareness Month and this year's theme is Drawing Connections, Prevention Demands Equity, and whereas the crimes of sexual violence occur far too frequently, go unreported and underreported far too often, and leave long-lasting impacts Whereas during Sexual Assault Awareness Month, we recommit ourselves to removing the stigma and the shame surrounding sexual violence,expanding support for victims and survivors of sexual violence, and strengthening our response Whereas sexual violence affects individuals of all ages, races, ethnictties, gender, identities, sexual orientations, and circumstances, and whereas the Leesburg Community shares the responsibility for raising awareness about sexual violence,protecting each other from sexual violence,supporting victims when it does occur and bringing perpetrators to justice Whereas it is cruel that assault survivors have access to necessary resources including, medical and mental health services, relocation and housing assistance, and community and court advocacy during the criminal Justice process Whereas the Town of Leesburg can come together to increase awareness about sexual violence, decreases its frequency and hold offenders accountable, support victims, and heal lives Therefore proclaimed that the Mayor and the Town Council of Leesburg hereby proclaimed the month of April 2023, a sexual assault awareness month and encourages individuals, communities, organizations, and institutions to implement change and to work towards preventing sexual violence, supported survivors and speak out against harmful attitudes and actions proclaimed this day" I will go down to the floor to present three of these proclamations Following that, the Leesburg Environmental Commission will present the Tolbert Award I will be part of that [pause] Esmeralda thank you very much for being here today and you're accepting the proclamation for National Child Abuse Prevention Month Page 3 March 28, 2023 Esmeralda Ortiz:Yes Mayor Burk: Would you mind explaining to us why you're here's What is it that you do and why is it so important, Esmeralda Ortiz: Good evening everyone My name is Esmeralda Ortiz I'm the Director of the Loudoun Child Advocacy Center which is a program of LAWS The Loudoun Child Advocacy Center is committed to serving children that have experienced different forms of abuse including physical abuse, sexual abuse, or witnessing domestic violence by providing a number of different services that they need at the very beginning of an investigation with law enforcement and Child Protective Services That they're able to talk to one person one time whose whole lob it is to listen to their story and make sure that they are connected to an advocate who will be alongside them throughout the entire investigation, and as long as they need them That way they have someone to go with them to medical exams, or to court and to help them get therapy That's another one of our services too We provide mental health services and make sure that kids have someone to talk to about what they've been through and learn coping skills to heal after abuse Mayor Burk: Thank you very much I really truly appreciate all that you do As a former teacher, I experienced what-- I watch my children experience the services that you provide and what a difference it makes I want to thank you very much and all the people that work with you, but to advocate for these children is so important and so thank you very much Esmeralda Ortiz: I have pinwheels for anyone who might want them Mayor Burk:Oh, okay if you give them to the Clerk I'm sure she'd be happy to give them out Although with this group they may be distracted and we'll never know None of you can play with them Samantha Clarke this is for Sexual Assault Awareness Hello Thank you very much for being here and I would ask the same thing of you Would you mind explaining what your program does and how important it is?- - Samantha Clarke: Thank you so much, Mayor Burk My name is Samantha Clarke and I'm the Chief Operating Officer for LAWS here in Loudoun County.A lot of people are familiar with the fact that LAWS provides comprehensive domestic violence services for Loudoun County and victims of domestic violence We also provide comprehensive services to victims of sexual assault and sexual violence and that can mean a lot of different things It's important especially in April to highlight the fact that victims of domestic violence and sexual assault need comprehensive services Much like you heard in the proclamation,our advocates can accompany a victim to the hospital for a forensic exam For sexual assault,we call that a sexual assault nurse exam It's really, really important that after someone who experienced sexual assault has someone there to listen to them, to be a partner with them through that process Just like you heard as Esmeralda articulate our advocates are there not only from the moment that that harm may occur in their life, but all the way through the process It might be going to court, it might be going to the hospital and we also provide those therapy services for victims of sexual assault It's really important that we take this month of April to really educate and raise awareness about those services that we provide to sexual assault victims We provide those victims to children like you heard,through the CAC, those child abuse victims but also to young adults who might experience sexual assault as well as adults of all ages in our community We also do work around preventing sexual assault in our community One of the things I lust want to take this opportunity to share with you is in April we're going to have an event called Take Back the Night That's Apnl 23rd It's going to be nght here in Leesburg down the street at our office Its an opportunity to call together survivors of sexual assault who've experienced this harm in their lives and give them the opportunity to speak out and talk about what's happened to them. We'll also be doing a candlelight vigil or march through the community Page 4 March 28, 2023 Then well be offering the opportunity for people in our community to learn more about the resources, not only that LAWS provides to victims of sexual assault, but that our partners provide as well, our law enforcement community, our hospital community, and other resources in the non-profit community that lean into providing support for sexual assault survivors Thank you for listening If you have any questions, let us know Mayor Burk:Thank you LAWS does such a tremendous job and not a lot of people realize it and don't know all that you do Thank you Anytime we get the opportunity to promote you, we most certainly appreciate it Thank you very much The next one is the Keep Leesburg Beautiful and Paul, are you going to accept this as chair of the EAC,the Environmental Advisory Commission? I hope that you will take a moment to talk about your event that you have planned Paul Sheaffer: Yes We're going to have our annual Keep Leesburg Beautiful litter pickup event It's on April 22nd,which is Earth Day at Ratio Park, starting at 10 00 AM I hope you all can come out for it Mayor Burk: Well, and you get the most gorgeous yellow jacket We will provide you with a lovely big orange bag and gloves Please if you have time, get organized, get same people out It truly makes a difference We pick up tons and tons of litter Anything that you could do to participate would be greatly appreciated Thank you Now you can't go anywhere because you have to present an award Paul Sheaffer: Let me get my paper Mayor Burk: Okay I guess he can go somewhere Paul Sheaffer: Each year the Leesburg Environmental Advisory Commission accepts nominations for the John W Tolbert Jr Environmental Award The EAC and Town Council present the award to individuals,community groups, businesses,or students who benefit the Town's environment The EAC and the Town of Leesburg recognize that these activities are vital to sustaining the quality and health of our community and significantly contribute to the long-term being of our Town This year,we received numerous nominations and chose Emma Lloyd Emma, would you like to come up? I think Emma wanted to tell us a little bit about her work Emma Lloyd: Okay I think I got this award, I'm going to go off of memory right here, for two things First of all,when I was 11, my mom took me to this event on stream monitoring For those of you who don't know stream monitoring is basically going out to a stream and collecting up little benthic macroinvertebrates,which are like little critters that you find, and tallying them up and then using some complicated math that I don't like to get a score that determines the health of the stream Through that, I have done a lot of work with my mom I've helped her at a lot of community educational outreach events I've also gone out and I've helped her with a lot of her stream monitoring sites,which I think are about around 30 In the past several years, I've helped her with most of her sites since she became the stream monitonng program volunteer coordinator She's amazing Then recently I was accepted into a program put on by the Loudoun Soil and Water Conservation District called YCLI,which stands for Youth Conservation Leadership Institute Through that, I was able to do a project and my project was to put up stream signs on the W&OD Trail Basically, this was just to spread awareness for the fact that these streams are there because when you're on the MOD trail, you're walking or you're biking and you're not always taking the time to look by over the bridge and see, "Oh look, there's a stream "This was also inspired by the fact that one of the stream monitoring sites my mom has is for the Tuscarora Creek and it's fairly accessible for children so people like to go play there They like to go fishing and no one knew what it was called, despite the fact that it was like at Tuscarora Park No one knew what the stream was called, so that was my first project I got the signs installed last year and I'm very happy with that Then since the YCLI program ended for me, I have continued to work on that project I have gotten funding through multiple sources to put up three more sets of signs at Goose Creek, Sycolin Creek, and Town Branch and that's essentially my project I also wanted to take a couple of minutes to just say Page 5 I March 28, 2023 thank you to the many, many, many people who helped me get here because I'm going to be honest, I would not be here without them I'm going to start off with thanking my mentors First of all, my main mentor for my project was Pat Mcllvaine,who is from Loudoun Soil and Water and she is not here tonight but she was incredibly helpful in introducing me to the world of networking and how to work with all the stuff that I was dealing with Because it turns out it's complicated when you're trying to put up signs sometimes,very complicated, I had to pivot a lot of things Also, I want to thank Jennifer Venable, who was over there Yes, I'm pointing you out She was really wonderful because she was who introduced me to YCLI, so I honestly have her to thank for my project succeeding Then I want to thank my mom who I know is not going to be happy with me saying this, but she was really the main reason that I completed these projects because when I was working on it, I ran into a lot of challenges When you run into challenges on projects like this and you have a short deadline, it's very challenging to overcome those challenges She was the main force that told me to keep going when I really did not want to She's the reason that my project succeeded so much Then I also want to thank Loudoun Wildlife Conservancy, they're the ones who have helped me, introduce me to stream monitoring and they're the reason I got into conservation They're the ones who run all the events that got me interested, and see who else? Oh, yes Well, it's important that I don't forget the people who funded the signs Of course,YCLI was the first people who funded the signs and then there was Pastor Michelle Thomas and Ben Win, and then Susan Schuler who were incredible when I reached out and they helped me to fund the signs Then I also want to take a little two seconds to thank the people who helped me get the signs up When you're first working on getting signs up, it's a bit challenging when you have no idea how that works I got in contact with the W&OD, Regional Park Manager, Kevin Casalenuovo, I think,and he was really amazing He said yes to my project from the start He believed I could do it, which was amazing He encouraged me to get in contact with Gina Corbin from GAM Signs She was really helpful and walking me through the process of like, "How do you want the signs designed? What do you want them to be made of?" All that stuff I think those are the main people I have to thank and I am extraordinarily honored to be receiving this award Thank you for selecting me for it [applause] Mayor Burk: I have a feeling you should probably share that with your mother but wonderful Thank you for all the hard work you do and what you've been able to accomplish Did you have anything else you wanted to add? Should we get a picture? [silence] Emma Lloyd: Thank you Mayor Burk: Nice to meet you Emma Lloyd: Nice to meet you,too [applause] Mayor Burk: Okay, thank you All right, before we move on, I need a motion to approve International Dark Sky Week Proclamation Vice Mayor Steinberg: So moved Mayor Burk: Moved by Vice Mayor Steinberg, second? Page 6 I March 28, 2023 Council Member Nacy: Second Mayor Burt Seconded by Council Member Nacy All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed and Mr Bagdasarian Council Member Bagdasarian:Aye Mayor Burk: Okay, so that- Council Member Bagdasarian: I've been watching the webcast and trying to do both and am a little behind so Mayor Burk: Okay, whatever Sorry I also need a motion to approve the National Public Safety Telecommunications Week. Council Member Cummings: So moved Mayor Burk: So moved by Mr.Cummings, second by Ms Nacy Council Member Bagdasarian: Second Mayor Burk: Oh,you're way too slow All in favor indicate by saying aye Members:Aye. Mayor Burk: Okay, and that passes 7-0 Thank you All right We have the Environmental Advisory Commission giving their annual report.Are you ready to do that at this point [pause] Paul Sheaffer' Each spring, the Environmental Advisory Commission updates Town Council on our previous year's activities Next slide, please The EAC's mission is to advise Town Council on issues related to the environment, promote environmental issues with the Town Council and Town staff, and raise awareness through various events I'm supposed to make a chair's statement each year For 2002, my annual statement is focused around the new normal post-COVID Sustainability has gained a new focus and people and organizations are becoming more aware of what we can do to become better stewards of the planet The EAC's involved in many events and two of which are right around the corner Last year's Flower and Garden Show was a huge success for the Town The EAC's booth focused on outreach regarding best practices for lawn care and also recycling education The EAC helped kick off last year's Keep Leesburg Beautiful month of April by sponsoring a litter pickup event We did another litter pickup event in the fall as well I said before, this year's event is on Earth Day, April 22nd, and we hope to see you all at Raflo Park for the litter pickup Last year, the Tolbert Award, I think you guys remember this, went to Lexi Howard for her project pollinate,which focused on native flowers to attract bees and butterflies, and also educational outreach about native flowers. Last year, the EAC created a social media campaign to educate the public about the dos and don'ts of recycling We reached tens of thousands of people through Facebook and we continue to reduce the amount of contamination in Leesburg Recycling, which we hope will ultimately save the town some money when we negotiate our next garbage contract Some other activities that we did last year in 2022, we refined the Town's energy conservation and management plan Page 7 March 28, 2023 We worked to help establish a new staff position focusing on energy management and sustainability, which I think was posted earlier this year You all are interviewing people for We worked with Town staff on potential electric car charging stations and made Town aware of some rebates that Dominion Resources had to offer We collaborated with the Tree Commission on potential tree-planting initiatives, including one called Treesburg We also participated in Kids to the Park Day which included planting some flowers next to the old farmhouse at Ida Lee Moving forward for 2023, we plan to continue focusing on recycling and working with Town Council and Town staff on updating our recycling policy and perhaps making some changes regarding things like glass, getting higher participation at the two Keep Leesburg Beautiful pickup events, working with a new Sustainability Manager on implementing the energy conservation management plan including things like energy efficiency projects to save the Town money, electric vehicles,charging stations,and solar power Also outreach to residents on sustainable landscaping and continuing to work with the Tree Commission This is actually something from 2023, but we did an activity earlier this year and we visited the materials recovery facility that Patriot uses,which I think will really help us understand how to change our recycling policies in the future It was really great to see what happens with what we put in our recycling toters This is my fourth year on the EAC and we have a great group of commissioners Rich Klusek, who's our Town staff liaison is a great asset I'm sorry, we're losing Mayor Burk as our Town Council liaison, but we're looking forward to working with Council Member Nacy The EAC includes Julie Bolthouse,who's the vice chair Kohler Brafford,who's our secretary and notetaker Ami Mason and our newest member Deanna Glick, please, stand up, and Leigh Anne Faugust as well On behalf of the EAC, thanks for giving us the opportunity to serve the Town If you have any questions, I'd be happy to answer them Mayor Burk: Thank you very much We appreciate all that you do Most certainly appreciate your recommendations that come forward Paul Shaeffer'Thank you Mayor Burk: Thank you Our next presentation is from the Board of Architectural Review Helen Aikman: Good evening, Mayor Burk, and Council Members My name is Helen Aikman, I'm the chair of the Board of Architectural Review for 2023 I was also in 2022 I'd like to begin by thanking Council Member Nacy for appointing me and giving me the opportunity to serve the last few years I'd also like to thank Council Member Zach Cummings for his guidance and partnership as our Council liaison It's been a very good working relationship, and I value it very much Of course, I'd like to thank our wonderful staff for all the great work that they do Let's see I've never been in this position, but I understand the remote works We'd like to begin by focusing on our accomplishments in 2022, which I think were very significant The three that are listed on the slide revision of our bylaws and rules of procedure, starting back up our Joint Architectural Review Board Awards, and finally the amendment to the Zoning Ordinance,which allowed many more cases to move to Administrative Approval as opposed to hearing before the BAR are definitely achievements When I think about the year,what I think about really is what those represent to the people of the Town and to your constituents From my perspective, and I think the rest of the board is well,we viewed 2022 as a year to focus on the applicant experience, which frankly, I think needed a little bit of work I first came to the BAR as an applicant myself and I can't say that I found it a very warm and fuzzy experience, which of course, you can't expect everyone to be happy when they leave a hearing like that At the same time, I think we felt that there were some changes that could be made that would improve the experience The revisions to the bylaws helped to clarify our procedures and made for a more streamlined process The amendment to the Zoning Ordinance was key in that it just reduced hugely the amount of cases that actually come before the BAR In fact, previously. about 45% of cases had Page 8 I March 28, 2023 gone to staff as opposed to the BAR Once the ordinance was enacted this year, 60% of cases went through the staff instead of coming to the BAR What this meant was that it enabled us to focus sharply on the cases that really were complex, and needed a fair amount of work When we were working on those cases, we worked very hard to make sure that the applicants understood if they were going to have to come back a second time to a work session or to another hearing,that they knew exactly what we needed to have from them so that when they came back, they weren't going to get another list of things they needed to bring to us again I think we would cut down on the time of the hearings I know when I had my hearing as an applicant, they didn't hear me until after eleven o'clock at night We have had virtually no meetings that ran long like that in 2022 That was very successful We also introduced in addition to formal procedure changes, a couple of simple courtesies that I think really have helped us connect with the applicants Number one,at the beginning of each hearing, I introduce the members of the board by name That establishes a little bit of a connection In addition,we state expressly that we understand that they're there because they have important business decisions to make or important decisions to make about their homes and that we are there as public servants to help them make those decisions in accordance with the guidelines that the Town Council has adapted for the Town Finally,we were working, as you can see,we talk about the Applicant Survey or the satisfaction survey that the Town Council suggested that we incorporate into our procedures That obviously gave us good feedback and actually the feedback was very good this year, but it also was a tool for connecting If at the beginning of the hearing, you can say to the folks, "Listen, you're going to receive a survey and it's going to solicit from you or welcome from your feedback That did we do well? What did we not do well? Please tell us, please fill it out" That also just opened up a sense of partnership, I think, between us and the applicants I'm not going to claim that every applicant left happy at the end of the hearings or work sessions, but I think that the survey responses reflect some improvement in that regard Finally,the Joint Architectural Review Board Awards reestablishing that was a great thing in that it shifted the balance from a little bit more from stick to carrot in what we do I think that we had, I believe seven projects in Leesburg and that group that of awards that received awards at a wonderful event that was very,very well attended that we did in partnership with the County, the Town of Purcellville, and Middleburg We'll be doing that again next year Those are, I think the key achievements for the year These are just figures on how many applications we had in hearings and so on I've already referenced that We'd like to highlight a notable case and this one is very special to me I don't know how you all feel about China King, but before COVID, China King was a friendly place I really liked China King, but during COVID it became like a member of the family When we received an opportunity to be able to help them with some repairs that they needed done on their iconic facade They had a vitreous glass facade,which was very badly worn and damaged and needed to be replaced Our staff recommended that they apply for a National Historic Preservation grant to get that done They applied for it They received it, and now the color has changed a little bit The reason for the change in color was that there's such a small supply of vitreous glass left in the United States They really couldn't choose whatever color they wanted, so they made a practical choice I think China King still has the look and feel that it's had for a long time, and it should be set up now to continue for our next generation of diners going forward I suspect, although I can't assure this that next year they'll be an the award list for that project, which was really a great project Looking forward to 2023 and beyond,we need some things to bring ourselves current We will continue outreach in the Town including the JARB Awards As the Council suggested,and maybe this came from Mr Cummings, I can't remember A year ago, in 2020, I guess we sent out a postcard just notifying Page 9 I March 28, 2023 folks that they have the privilege of living in the historic district so that we have fewer applicants coming in, claiming that they had no idea I think the decision was made to do this every other year In 2023,we'll be sending out those postcards again,and those of you who live in the historic district like I do,we can look forward to receiving those and putting them on your refrigerator The most important things that we need though are,first of all,we need to secure funding to update our architectural survey An architectural survey basically catalogs all of the historic contributing assets in the Town, in the historic district The most recent architectural survey is now almost a quarter of a century old,which is way too old.A lot of properties and according to The National Trust and the Secretary of the Interior, it a property is over 50 years old, it's classified as historic We need to deal with the fact that we now have a bunch of properties that have passed that threshold How are we going to classify them' How are we going to treat them under our own guidelines and deal with that?The world is turning and time is passing and it just badly needs to be brought up to date, with a new survey of the historic district The other thing that we need help with, is we need to spend some time and effort updating our procedures for how we update our guidelines The guidelines, they go back to 2009, I believe Again, the world has turned There are a lot of things that where we need updating New materials are available One challenge,just to give you an example, is slate roofs There are slate roofs all over this Town and they're falling apart People come to us and they want to know what to do We just really don't know That are the products that are available to replace a slate roof? Is there anything that has the look and feel of slate that's successful? That does it cost to replace it with real slate?We had an applicant just a few weeks ago who assumed that he wouldn't be able to replace a slate roof,but as it turned out—when he actually researched it and got some guidance--I'm about done Mayor Burk: I think you need to tie it up, please Helen Aikman: Yes Okay, great Anyway, he turned out he could afford it Those are the things that we need help with If anyone has questions, I'd be happy to answer those Mayor Burk: Thank you Thank you very much for coming today and explaining it Thank for all your work and all your accomplishments.We appreciate the attitude change in regard to the BAR, so thank you very much Helen Aikman: Okay Thank you Mayor Burk: All right That takes us to our petitioner section One of the first orders of business is to hear from the public All members of the public are welcome to address the Council on any item matter or issue Please identify yourself and if comfortable doing so, give your address for the taped record Any public speaker will be requested to state their name and please spell it for the purpose of closed captioning In the interest of fairness,we also ask you to observe the three-minute time limit The green light on the timer will turn yellow when you have one minute remaining At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time is expired Under the rules of orders adopted by this Council, the time limit applies to all The first person on our list is Matt Chwalowski, followed by Kim Hart Matt Chwalowski: Evening everybody As a 40-year taxpayer in Leesburg, I'm here again like two weeks ago I'm very interested in rational management of Town affairs, effective and so forth I'd like to bring three small issues that I think need some corrections Twelve days ago, there was an accident between two cars on R15 North and Battlefield Parkway There was broken glass, plastic, metal, and so forth, and the police shoved that trash to the side on the sidewalk I was watching that situation to see if the Town of Leesburg picks it up because if I was the Town Manager, I would have a standard operating procedure agreement with the Chief of Police to let me know about accidents so that I can go and pick that trash up Instead, I waited, waited, waited,waited, Page 10 March 28, 2023 and finally at the end of last week, I called and it was picked up Okay?That should not be happening It's not complicated It's common sense Issue number two, the Town of Leesburg provides tree limb pickup as people do stuff around their houses Okay? That's okay, but the problem is the way Town of Leesburg does it, the trucks that mulches runs on a fixed schedule Whether there are tree limbs somewhere or not, they just go over on a fixed schedule Unlike, for example, Amazon or UPS, where they go to an address It's a terrible waste of money and people's time We have these things called apps that can be installed on the Town of Leesburg website, and people can make an appointment Issue number three, in May, two years ago reporter Neal Augenstein, WTOP, had a story about Town of Leesburg transitioning or changing the location of 35 trees It was in May,just before the heat wave. That caught my attention Actually, I decided to find out what happened with those trees Of course,the majority of trees died and I saw my morning walks, Town employees with water tanks trying to save them, et cetera The point is that we have something like 20,000 trees bigger than 2 inches in diameter in Leesburg,okay?When the subdivision was built at Costco, they bulldozed like 500 trees 35 trees is a rounding error We all grieve that trees have to be cut, but my God, this is a rounding error This doesn't make sense to do, but it looks to me like employees have too much time on their hands Thank you for your attention I appreciate it I will follow up again just like last time I did with an email,discussing those issues, they need to be addressed Thank you very much See you in two weeks Mayor Burk: Thank you, Mr Chwalowski Kim Hart is followed by somebody on Harper's Park Road Is this Al?Oh,Al Hansen [laughs]Another Al You can give me your name when you come up [laughs] Hello [laughs] Kim Hart: Good evening, Madam Mayor, Members of the Council, I'm Kim Hart, K-I-M H-A-R-T I'm speaking tonight on the Liberty Street Project I am the managing member of Good Works LP, which develops attainable housing in Northern Virginia Including my service with the Windy Hill Foundation, I've developed 739 affordable units in Loudoun County so far together with partners that makes me the largest attainable housing developer in the County to date I've never done a project in Leesburg I hope we can change that soon With your indulgence Madam Mayor, I'd like to start by addressing the big question you asked last night How is this different?This is not an RFP requesting bids on a set of plans for a new fire station This is not an unsolicited proposal from a developer requesting a rezoning, or a project approval This is an RFP from the Town issued under the Virginia Public-Pnvate Education Facilities and Infrastructure Act, also known as PPEA,to enter into a public-private partnership You guys are the public part,we're the private part, and the point is to be partners Your attorney was very correct in choosing this different kind of approach It is for big infrastructure projects like this one, is useful when a project still needs definition, and it is meant to help the jurisdiction benefit from outside experts The PPEA process has basically two steps Phase one is to propose a set of general concepts We've done that and last night, we heard your response clearly You want more public parking, you want more attainable housing, you want to consider a performing arts center Also, you made it very clear that the Town cannot afford $31,000,000 to accomplish those goals That is why the PPEA has phase two to answer more detailed questions to see if the concept will work To be clear, the Council is not being asked to approve the project at this point All we need is a motion saying you like our proposed concepts and that you are giving staff permission to work with us on phase two,where we will attempt to answer all of the questions that you asked last night There were a bunch We are proposing to work with staff in parallel to the dump remediation study to deliver our joint records, our Joint report at roughly the same time they do this fall As to affordable housing, I don't think I need to tell you how great the need is I've surveyed all of the attainable elderly projects in the Leesburg and the surrounding area Collectively, there are today more than 400 individuals on those waiting lists I could fill 75 units five times over I hope we can work together to do that.Thank you Mayor Burt Thank you, Mr Hart Al Storm? Page 11 I March 28, 2023 Al Storm: Storm. Mayor Burk: Storm Followed by Kevin Olivera Al Storm: Madam Mayor,and Council, I'm here to speak on the behalf of the Liberty Lot My name's Al Storm and it's A-L S-T-O-R-M I'm president of DBI architects We've been working on this project for almost three years at this point in time The group that we've put together, a core group is a group of local people has mostly 30 years of time working in, and around and providing opportunities, and solutions for the people here in Leesburg and also the County.As you know, there's been a desire for many years to provide a performing arts center here in Leesburg We took it on ourselves last year to come up with a way to do it It takes a lot of time to develop a concept with the site, because of the fact you have to get enough information there that you can actually put numbers to With a little bit of effort there we've gone through that process and we basically proposed better our proposal in with the request last year We filled that this site for a theater solution is the best site We think it's probably one of the last sites, maybe the last good sae here in Town As when we were doing the process,we also felt that by putting other functions together to use that site properly,we'd have a better way to be successful.At that point in time, the two major things we felt were important were basically affordable housing and obviously a garage The garage Working with the theater is a perfect situation because they basically use the spaces at different times The garage becomes a much more useful space The other thing that came up during the process was that the potential for need for additional spaces We basically looked at our project and said that awe add an extra location, an extra level we can add about 140 spaces At this point in time, I feel like we have a great team working on this They're dedicated and passionate to putting this proposal together We've got over a thousand man-hours at this point working today. All we're looking forward is to move to phase two so that we can show that there's a way to actually make this financially viable At that point in time, we'd also like to show the work that we've done to you in a presentation Thank you very much Mayor Burk: Thank you Kevin Olivera followed by Peter Burnett Kevin Olivera: Good evening, Madam Mayor and Town Council My name is Kevin Olivera K-E-V-I-N O-L-I-V-E-R-A My wife and I own Olivera Music Entertainment Our company provides music for social and corporate events and has been located in Loudoun County for over 35 years My wife and I have a passionate commitment to the arts community in Loudoun There have been discussions about a performing arts venue since we moved here in 1988 I was thnlled to hear about the Liberty Public- Private Partnership and their plans to include a 450-seat performing arts center This is exactly the type of mixed-use development needed to support the arts, to support an art's venue In turn, it can make the other parts of the plan more attractive We have an incredible wealth of talent in Leesburg and Loudoun County This size venue could be used by local artists as well as regional and national acts. It is also a place to showcase the Loudoun Symphony, Loudoun Corral, Master Singers of Virginia, Stagecoach Theater, the Very Special Arts of Virginia, a Place to Be,the Loudoun County Community Band, Sterling Playmakers, Loudoun Youth Orchestra, Loudoun Center Theater, Next Stop Theater, Artworks, Loudoun Ballet, Loudoun Lyric Opera, old Dominion Chorus, and of course, the school groups Can you believe all these arts groups located right here in Loudoun County have no central place to call home? As a strong supporter of Visit Loudoun, I recognize how important tourism is to Leesburg and to Loudoun Drawing local residents to Town for performances means patronizing restaurants, drawing out-of-Town patrons adds hotel rooms to the mix There will always be concerns about how a performing arts center can sustain itself financially I suggest you look at Tally Ho as a good example nght here in Town They appear to be very successful as a rock-and-roll club Clearly a different style venue with most patrons standing than would happen with Liberty It seems to show an audience exists for theater, jazz, classical, world music, and pop music performances. Wouldn't it be great to offer audiences both options? There's a wealth of knowledge about the ways a theater of this size can be managed This can be obtained by talking to facility Page 12 I March 28, 2023 management companies I am excited about the Liberty Public-Private Partnership This plan wdl be great for the arts community,the business community, and the Town of Leesburg Thank you Mayor Burk: Thank you Mr OWera is followed by Peter Burnett Peter Burnett: Good evening, Madam Mayor,Council Members My name is Peter Burnett.Thank you for having me here I'm here to speak about the Liberty Street Law Project, and I'll try not to repeal what's already been said by others so well The really very simple point that I would like to make is that I have not heard from your side of the dais or mine anybody say that having a theater and affordable housing and a significant amount of additional parking at the Liberty Street Lot is a bad idea To quote the Mayor, it's a great idea, but the devil, as we know, is in the details I agree I agree I think where we are with this is that it's a sufficiently important and impactful project I will tell you in my 45-plus years of being an investor in downtown Leesburg, I've lived through some pretty rough times and watched a lot of people head to Alexandria to get bankruptcy discharges I regard this particular project, if it can be done successfully and economically appropriately, as being something of an insurance policy for downtown Leesburg, maintaining its identity. maintaining its attraction of tourists and be in a way, not so subject to the economic ups and downs of the larger economies around us I'll tell you, more than anything else, I would like to see the Town in partnership with our group make an informed decision To me, that's the most important part of this whole project I think we've gotten the cart a little bit in front of the horse with asking questions out of any kind of set plan and out of an evaluation committee being put together, meeting regularly, calling upon experts as necessary to help us and coming up with a solid analysis that everybody can say, yes, these are the facts, this is the likelihood Then it will be up to you all to make the decision based on the Town's economics, what. if anything, it can afford to invest in it and how to do that So that here tonight, I'm just hopeful that we can work together parallel with the remediation study time and really know whether this thing needs to go in a different direction or whether this has a very good potential to be a long-term benefit to the Town of Leesburg I'm done Thank you Mayor Burk: Thank you 22 seconds to spare Is there anybody in the audience who did not sign up, but would like to have the opportunity to speak at this point? Seeing no one, I will close the petitioner section at this point Thank you all very much for coming out It was very useful to hear from you tonight We do move onto our approval of the consent agenda I will read these items and then ask for a motion 12A is the Continuing Service Contract Award to Rinker Design Associates PC on the Federally Funded Projects B is Appropriation of Grant Funds for the Thomas Balch Library C is an Appointment to the Diversity Commission for Haleema Tayub D is Lawson Road Pedestrian Crossing Local Funding E is Downtown Parking Signage F is the Award of Contract Vendor Verification System. G is the Liberty Lot Parking Lot Remediation Study Contract Award Is there anything that anybody would like to remove from the consent agenda?All right Do I have a motion to accept it? Vice Mayor Steinberg: So moved Mayor Burk: So moved by Vice Mayor Steinberg Second? Council Member Nacy: Second Mayor Burk: Seconded by Council Member Nacy All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed? Council Member Bagdasanan:Aye Page 13 I March 28, 2023 Mayor Burk:That passes 7-0 I think I heard Mr Bagdasanan Okay All right That takes us to our first public hearing Our only public hearing for tonight If you read the beginning of that one [silence] Public hearing Okay I will call to order this March 28'h, 2023 public hearing of the Leesburg Town Council Unless there is an objection, I will dispense with the reading of the advertisement If you wish to speak, we ask that you either sign upon the sheet in the hallway outside Council Chamber, but if you did not get the opportunity to sign up,we will give you the opportunity to speak In the interest of fairness,we also ask that you observe the five-minute time limit The green light in front of you will tum yellow at the end of four minutes, indicating that you have one minute remaining At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time is expired Under the rules of orders adopted by this Council, the five-minute time limit applies to all However, rather than have numerous citizens present remarks on behalf of a group, the Council will allow a spokesperson for a group a few extra minutes In that instance, we would ask speakers when they sign up to indicate their status as spokesperson,the group they represent, and their request for additional time Our procedure for the public hearing is as follows First, there is a beef 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 for tonight is 2023 Tax rate and Fee Ordinance Adoptions Lisa Lisa Haley: Good evening, Madam Mayor, Members of Council, and to the public watching online My name is Lisa Haley I'm the Deputy Director and Treasurer in the Department of Finance and Administrative Services, and I'll be doing a brief presentation on the Tax Year 2023 Tax Rate Setting, Public Hearing. The proposed real estate tax rate is 17 74¢ per$100 of assessed value. This is no change from Tax Year 2022 The equalized rate is 16 530 per$100 of assessed value and each penny represents $1 1 million for tax year 2023 The Town's real estate portfolios comprised of both commercial and residential properties Residential represents about 77%, where commercial represents 23% The residential assessments were up 8 42% With the new parcels representing 1 itok of that increase,the existing commercial assessments were up a total of 10 5% 2 1%of that were new parcels So the total combined portfolio was up 8 9% for Tax Year 2023 This chart represents the housing stock by type The typical average tax bill one could expect the average tax bill for the entire portfolio for Tax Year 2023 is increasing $994 or an annual increase of$65 per year, or $5 42 per month Each individual tax bill will depend upon various factors The tax dollars that support the services in the Town,76¢of each dollar goes towards direct-facing public services,such as Public Safety, Parks and Recreation, Thomas Balch Library Wth that-- Mayor Burk: That was quick. [laughs]Thank you All right Is there any questions that anybody has at this point of Ms Haley'Seeing none Nobody has signed up to speak tonight Is there anybody in the audience that would like to speak that didn't get the chance to sign up' I see no one who has signed up and nobody from the audience who is interested Therefore, at this point, I will close the public hearing I will ask is there a motion to accept the 2023 Tax Rate and Fee Ordinance adoption Do I have a motion' Vice Mayor Steinberg: So moved Mayor Burk: Moved by Vice Mayor Steinberg Second' Do I have a second? Council Member Bagdasaran: I'll second Mayor Burk: Okay. Oh, thank you, Mr Bagdasanan Is there any discussion at this point'That being the case, I'll call the vote All in favor indicate by saying-- Vice Mayor Steinberg: You have to do a roll call Mayor Burk: Oh, I have to do roll call Oh, it says roll call Yes, thank you Okay Mr Wilt' Council Member Patrick Wilt:Aye Mayor Burk: Ms Nacy Page 14 March 28, 2023 Council Member Nacy:Aye Mayor Burk: Vice Mayor Steinberg? Vice Mayor Steinberg:Aye Mayor Burk: Mr Cummings? Council Member Cummings:Aye Mayor Burk: Mr Cimino-Johnson Council Member Cimino-Johnson:Aye. Mayor Burk: Sorry Myself is an aye Mr Bagdasanan I'm just getting to him Mr Bagdasanan Council Member Bagdasarian:Aye Mayor Burk:All right That passes unanimously Christopher Spera: Did you ask Mr Wilt? Mayor Burk: I did He was the first one All right That then takes us to our first resolution, which is Fiscal Year 2024-2029 Capital Improvement Program Is there a presentation on that one? Kaj Dentler: No, ma'am Mayor Burk: Do I have a motion to approve the Capital Improvement Program? Mr Cimino-Johnson Seconded by Council Member Nacy Any discussion on this project?All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed?All right That passes 7-0 The next one is Fiscal Year 2024 Budget Adoption Is there any discussion or any questions at this point? You all are cruel You're cruel I will ask for a motion to approve the Fiscal Year 2024 budget adoption Council Member Cimino-Johnson: I make a motion Mayor Burk: Mr Cimino-Johnson, Is there a second? Council Member Nacy: Second Mayor Burk: Seconded by Ms Nacy Any additional discussion?An in favor indicate by saying aye Members:Aye Mayor Burk: Opposed? That passes unanimously, and that takes us to the Liberty Street Parking Lot Redevelopment Proposal Do I have a motion in regard to that?What? I thought she said something to me I need to have something otherwise it--Yes, Mr-- Council Member Cimino-Johnson: I have a motion I would like to accept the proposed redevelopment of the Liberty Street parking lot and move forward Mayor Burk: You got to he a little more definitive What do you mean by move forward? Page 15 I March 28, 2023 Council Member Cimino-Johnson: You'll go to the next phase of looking into the RFP that we received Mayor Burk:You would like to make a motion to accept the redevelopment of the Liberty Street parking lot, and continue discussions on funding and making progress? Council Member Cimino-Johnson:Yes, ma'am Mayor Burk: I summed it up for you All right Correct Is there a second? Vice Mayor Steinberg: Second Mayor Burk: Mr Steinberg Any discussion at this point? Mr Wilt is reaching for his mic Council Member Wilt:[laughs]Just a clarification This is a resolution to move forward with exploration, not authorizing$31,000,000 Mayor Burk: Correct We're not authoring that at all Yet Council Member Wilt:Thank you Council Member Nacy: My comment was similar after hearing the speakers outline what phase two meant I just wanted to see what that meant from Mr Spera, if possible. Christopher Spera: The way the Public-Private Partnership Act is set up, and the way that our RFP was drafted was there was a general response We got the overview of the plan, and then there was a process for back, and forth during that time period The second phase for any, we only had one submittal The elimination of other submittals isn't really relevant here The detailed phase, again, it's an iterative process back, and forth. In that detailed phase, you work out some of the more particular aetails At this point, you're still just talking about the details of the project Nothing is finalized, nothing is authorized Council Member Nacy: We still have the opportunity to bring our own- not corrections, but you know what I mean Our own-- Mayor Burk: Suggestions Council Member Nacy: Thank you- [laughs]to the table on it Christopher Spera:Yes think that I don't recall which of the speakers in the petitioner section, maybe it was Mr Burnett, maybe it was our initial speaker, but one of them actually had a very accurate description of the process That the general phase is a selection phase, and is the concept right, and the detailed phase is where you drill down and get to a level where, yes, we can live with this, we can live with that or we don't want to do this,we don't want to do that You haven't obligated yourself other than having those discussions Council Member Nacy: Copy that Thank you Mayor Burt Let me get to everybody and I'll get back to you again Mr Cummings? Council Member Cummings: Yes, I think just a quick comment I'm supportive of the motion, and I think my comment to my fellow Council Members, I think now staff has done a lot of work on this with the proposers On our end, I believe our next step is to really take a look at what we want to do That way, we can ensure that we're using everyone's time thoughtfully and not just continuing to focus on big picture, but drill down into what we're looking at, and especially as we get back feasibility studies and other information Again, I'm supportive of the motion I just want to make sure we're all working Page 16 I March 28, 2023 together to decide what we--Because we have to fund this at some point It's all great in theory, but to fund it is the next big question Mayor Burk: I need a clarification from you You said you're waiting to hear back from the feasibility study Are you making a friendly amendment to Council Member Cimino-Johnson's to his motion to include also a feasibility study? Kaj Dentler: I want to answer your question that you gave to him, but I will clarify in your budget that you just approved there is the$30,000 that you asked to include for some feasibility analysis Mayor Burk: Thank you You don't need to worry about that Thank you Appreciate the clarification Vice Mayor Steinberg:That was my question We don't need to reiterate that within this motion Thank you Mayor Burk: Mr Wilt? Council Member Wilt:Just a general question on the process Does this now mean that we've received one RFP response?Are we exclusively committing to exploring this response or is the response window still open for potential others? Mayor Burk: No That has closed Christopher Spera: No, that is closed Now, it doesn't mean that the window can't reopen. Ultimately, if you choose after the detailed phase to say, "Now, there's too many obstacles,' you can reject it ultimately at that point,and then there would have to be another RFP initiate Yes, sir Another process Council Member Wilt: Thank you Mayor Burk:We have a motion on the table moved by Councilman Cimino-Johnson,seconded by Vice Mayor Steinberg All in favor of the Liberty Street Parking Lot Redevelopment Proposal as stated by Mr Cimino-Johnson, indicate by saying aye? Members: Aye Mayor Burk: Opposed?That passes 7-0 Christopher Spera: Then Madam Mayor, what we'll do is we will prepare an amended resolution for you since the one that was included in your packet was different Mayor Burk: Okay Takes us to future Council meetings and agenda topics Council Member Cimino- Johnson, anything? Council Member Cimino-Johnson: I have nothing Mayor Burk: Mr Cummings? Council Member Cummings: I do have a future Thank you I would like to ask for a-to make sure we have a proclamation for Gun Violence Awareness Day on June 2nd I'd also add if possible if we could on June 20d light the garage orange for-where Orange Day on National Gun Violence Awareness Day Mayor Burk:All right That'll be on a future agenda Council Member Cummings:Are we doing comments as well? Mayor Burk: Yes Page 17 I March 28, 2023 Council Member Cummings: I just wanted to say thank you to Council Member Nacy and her husband Matt I saw on Facebook that they were helping the Leesburg Country Club paint-- They helped paint the sign at the front of the entrance to the neighborhood Thank you for your continued service I was there recently this week and it looked great I have some painting at my house Whenever you're ready, just let me know Mayor Burk: Mr Wilt?Ms Nacy? Council Member Nacy:Thank you I just have a question about what Chair Aikman brought up in her presentation about the historic architecture study Is that something that we need to authorize that department to do slash ? Kaj Dentler: Well, Mr David is coming to the podium, but in your budget, if I am correct in my memory, you approved funds for the architectural [unintelligible] Council Member Nacy: That was my next question James David: That's correct There was an amount of $75,000 in the approved budget for the architectural survey update The next step would be to go forth with the procurement process for a qualified consultant Council Member Nacy: Perfect Thank you Then the other one was if I'm assuming H1 guidelines update, is that, does that coincide with any of the stuff you're about to undertake with the Zoning amendments or is that more of a separate Town plan, almost kind of process? James David: We will look at the entirety of the Zoning Ordinance, and the H1 district is one of those Zoning districts There could be some revisions,improvements there, but updating the guidelines would be a separate effort. I think what Chair Aikman was talking about was coming up with a game plan for how to make that happen Council Member Nacy: Okay Thank you James David:You got it Mayor Burk:Vice Mayor Steinberg Vice Mayor Steinberg:Thank you Nothing for future meetings, no comments, one disclosure meeting with Mr Burnett and Mr. Knutson on the 17 h of this month regarding the Liberty Street project Mayor Burk: All right, and I will close it out with I want to welcome Robeks Juice They just opened a new juice shop near Lowe's and they already have quite a following It's a really exciting ribbon cutting to participate in I want to congratulate United Bank that is celebrating their 184th birthday They have been serving the United States now for 184 years, and are very proud to be here in Leesburg On the 18'h I did a meet the Mayor at Dolce and Ciabatta at their new location If you have not had the chance to go there, take the opportunity, it is a wonderful addition to Leesburg and they have a bakery here on Catoctin Street This allows them to have a full menu,they have great pizzas and all of the pastnes that they ordinarily have, sandwiches It was packed from the time I got there till the time I left It's most certainly a very well-appreciated business Again, another business that just opened and it's already doing really very well I also on the 20'^ participated in the kickoff, the new site for the Loudoun Hunger This is a really innovative new idea that Loudoun County is doing they're going to make that site as much of the social chanty programs as possible Other charities will be involved there They will have offices there, but the Market and Loudoun Hunger Relief will be the central provider there All of the charities were there and we knocked down a wall and it was great fun, but they're very excited for this opportunity Page 18 I March 28, 2023 I also want to welcome Loudoun Urgent Vet Care that opened, also that is right near Lowe's right near the juice shop That's another example,she opened on a Friday and was busy from Friday until Sunday, nonstop. Had a couple of days off, she takes a couple of days off and then when she opened her door she had a line waiting to come in This most certainly is obviously a very needed service and when I welcome Ms Dunn and her 18 employees that will be a part of this well Loudoun Urgent Vet Care. I want to disclaim that on that same day I also met with Taylor Chess about the Peterson Compass Creek program, the possibility of having a data center located there I want to thank Tuscarora High School,they invited me to participate in the Unite program It was a delightful program where students that were not from this country,or their ancestors were from other countries did different things to honor their heritage It was very entertaining and very delightful Thanks to Tammy Carter for inviting me to be there and enjoy it On 23'd Evergreen Mills invited me to participate in a career day I had the opportunity to talk to the second graders I was really blown away by just how well-mannered they were and how interested they were When one second grader asked me, if I had considered the rate of return on the Utilities Department, I was blown away I didn't know what to say On the 25"we had Leesburg held a job fair I want to say it was very well done I want to commend the Economic Development Department for all of their hard work We had done these in the past before COVID They were very successful and now we're building it back up again We had a little less than 100 students come The parents were delighted I think there was about 100 parents that came and they were delighted for this opportunity for their students and their kids. Every one of the vendors I talked to was very excited to be there and very impressed with the students that they met Then I want to end with on the 27h I had a virtual meeting I am on the VML Executive Board Unfortunately in January the president of VML passed away, and so Chucky Reed is now the new president and voted to make that official on the 27th That is all I have Town Manager Kaj Dentler Tonight, I have a couple of things Usually, I don't say too much ,.,,s,aze that we lost a long-term retiree, Max Mellot, passed away recently the age of 80, worked for the Town from 1997 in the Utilities Department and retiring in 2014 I'll send you some information on visitation coming up Second, in regards to one of your projects that you directed staff to work on is almost completely finished It's our Potter's Field project You'll be getting information on that soon regards to the dedication ceremony early here in May The monument and the sign are on the site If you decide to go for a walk in this nice whether you can see it for yourself until we have the public dedication Two other things, to just thank you from the staff perspective for direction on Liberty Lot That's important to us so we know which path we're following I want to thank you for your support approving the budget I certainly, although you're recognizing all of my employees for compensation as part of the budget, you're recognizing the value that our Police Department employees have done, and I think that's a bold statement that you have made an appropriate one for us to do Then finally, you had asked for a quick briefing on the Airport I'm going to ask if I may yield a minute to our Airport Director Scott Coffman at your request. Mayor Burk: It's fine Scott Coffman: Good evening, Madam Mayor, Members of Council Just a very quick update, not a lot of progress to report, because we didn't—our meeting with the FAA was postponed till this Friday The good news is the FAA has agreed to bring in folks that are outside of the next-gen project which the next-gen folks focused on remote tower Our focus is on air traffic which will help us on a decision for staffing a mobile tower, or temporary tower or permanent tower going forward Page 19 I March 28, 2023 Then also the Airport's division and the FAA will talk to us about funding options We know some of the funding programs that the tower can fit under, but we want to hear from the airport's folks, if there's any priority, that could be given to Leesburg Any questions? Mayor Burk: All right. I think we're-- Did you have a question? Vice Mayor Steinberg: No, no questions Thanks Mayor Burk:Thank you Vice Mayor Steinberg: Your disclosure reminded me that I also attended that meeting with Taylor Chess regarding the Compass Creek Data Center Thanks Mayor Burk: All right, no problem At this point, then I will ask the audience that to leave because we will be going into a closed session No, okay You don't have to leave yet. [laughter] Mayor Burk: Let me do this [laughter] Mayor Burk: I know for pursuant to Virginia Code section 2 2-3711(A)(8) and 2 2-3711(A)(3) of the Code of Virginia that Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and beef ng by the staff members regarding specific legal matters related to the pending annexation of the JMA where such consultation in open session would adversely affect the negotiating and litigation posture of the Town Is there a Second? Vice Mayor Steinberg: Second Mayor Burk: Vice Mayor Steinberg made a second All in favor indicate by saying aye Members: Aye Mayor Burk: Opposed?All right, is Mr Bagdasaran—you're staying with us for this? Council Member Bagdasarian: I will for at least ten minutes Council convened in a Closed Session at 8:26 p.m. Council reconvened in an Open Session at 9:01 p.m. Mayor Burk: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify to the best of each members'knowledge,only public business matters lawfully exempted from the open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened,were heard, discussed and considered in the meeting by Council Mr Cimino-Johnson? Council Member Cimino-Johnson:Aye Mayor Burk: Mr Cummings? Council Member Cummings: Yes Mayor Burk: Mr Steinberg? Vice Mayor Steinberg: Yes Page 20 I March 28, 2023 Mayor Burk: Ms Nacy? Council Member Nacy Aye Mayor Burk Mr Wilt? Council Member Wilt:Aye Mayor Burk: Burk yes And Mr Bagdasarian is not present Vice Mayor Steinberg: He's in a loud environment Mayor Burk: Do I have a motion to adjourn? Council Member Cummings: So moved Mayor Burk: Moved by Mr Cummings Second? Vice Mayor Steinberg: So moved Mayor Burk: By Vice Mayor Steinberg All in favor? Members:Aye Mayor Burk: Opposed?All right We are done Page 21 1 March 28, 2023