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HomeMy Public PortalAbout2023_tcmin0411 COUNCIL MEETING April 11, 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, Kan Nacy, Vice Mayor Neil Steinberg, Patrick Wilt and Mayor Kelly Burt Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Director of Economic Development Russell Seymour, Interim Chief of Police Vanessa Grigsby, Director of Planning and Zoning James David, Airport Director Scott Coffman, Deputy Director of Planning and Zoning Brian Boucher, Deputy Director of Parks and Recreation Kate Trask, Police Captain Jaime Sanford, Police Captain Dave Smith, Police Lieutenant Bob Thompson, Senior Planning Project Manager Chris Murphy, Budget Officer Cole Fazenbaker, Police Communications Technician Supervisor Cindy Cain and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Headway Church Pastor Drew Clyde. 3. SALUTE TO TILE FLAG was led by Council Member Cummings. r. 4. ROLL CALL a. All Council Members present. 5. MINUTES a. Work Session Minutes of March 27. 2023 MOTION2023-073 On a motion by Council Member Nary, seconded by Council Member Cummings, the March 27, 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 28, 2023 MOTION 2023-074 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the March 28, 2023, Regular Session minutes were moved for approval. 1IPage COUNCIL MEETING April 11, 2023 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 6. ADOPTING THE MEETING AGENDA MOTION 2023-075 On a motion by Vice Mayor Steinberg,seconded by Council Member Nacy, the meeting agenda was moved for approval. Mayor Burk requested a suspension of the rules to add a new item under New Business to get authorization from Council to send a letter to DEQ regarding generator use for data centers. MOTION2023-076 On a motion by Mayor Burk, seconded by Vice Mayor Steinberg, the following was proposed. To suspend the rules to allow a new item to be added to the agenda to allow for the Mayor to send a letter to DEQ regarding generator use and data centers. Council Rules of Procedure require a unanimous vote to add new items to the same evening's agenda. The motion as approved by the following unanimous vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 The agenda was amended to add item 15.a. —Authorizing the Mayor to Send a Letter Regarding Generator Use for Data Centers The motion to approve the amended 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 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. Armenian Genocide Remembrance Day Mayor Burk read the proclamation for Armenian Genocide Remembrance Day and presented it to Ms. Lala Ridge who made a few remarks. 2I Page COUNCIL MEETING April 11, 2023 b. National Public Safety Telecommunications Week Mayor Burk read the proclamation for National Public Safety Telecommunications Week and presented it to the Leesburg Police Department's Information Services Commander Lieutenant Bob Thompson and Communications Technician Supervisor Cindy Cain. Both made a few remarks. c. Medical Laboratory Professionals Week Mayor Burk read the proclamation for Medical Laboratory Professionals Week. d. Arbor Day Mayor Burk read the proclamation for Arbor Day and presented it to Tree Commission Chair Earl Hower who made a few remarks. e. International Dark Sky Week Mayor Burk read the proclamation for International Dark Sky Week and presented it to Environmental Advisory Commission Member Julie Bolthouse who made a few remarks. 9. PRESENTATIONS a. Air Traffic Control Services at Leesburg Executive Airport Mr. Scott Coffman and Mr. Keith Markel gave an update on the Air Traffic Control/Remote Tower situation. Mr. Coffman noted the FAA will allow remote tower L operations until September 30, 2023, and is working with the Town on setting up a mobile tower system until a decision can be made on future air traffic control at the Airport. Council and staff discussed the update. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section opened at 7:54 p.m. There were no speakers wishing to address Council. The Petitioner's Section closed at 7:54 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION 2023-077 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following consent agenda was proposed: L 3I Page COUNCIL MEETING April 11, 2023 a. TLOA-2023-0001 Home 2 Suites Sign Modification RESOLUTION2023-059 Authorizing the Issuance ofa Sign Permit Pursuant to Zoning Ordinance Section 15.6.4 Unusual Site Constraints for the Home 2 Suites Hotel on Fort Evans Road b. Appointment to the Commission on Public Art—Marion Sheaffer RESOLUTION2023-060 Appointing Marion Sheaffer to the Commission on Public Art c. Town Hall Art Exhibit by Diane Cannev RESOLUTION2023-061 Approval of Town Hall An Exhibit by Diane Canney The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Czmino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote 7-0 13. RESOLUTIONS /ORDINANCES / MOTIONS ® a. Hometown Hero Banner Program Ms. Kate Trask gave Council a brief overview and eligibility requirements for the Hometown Hero Banner Program proposed in partnership with VFW Post#1177 The banners would be displayed at Freedom Park from around the Fourth of July to Labor Day in 2023 and from Memonal Day to Labor Day in future years. VFW Post Commander Ray Delpesche and Ms. Trask discussed the program with Council. MOTION2023-078 On a motion by Council Member Nacy, seconded by Vice Mayor Steinberg, the following was proposed: RESOLUTION 2023-062 Hometown Hero Banner Program at Freedom Park in Partnership with the Veterans of Foreign Wars Post#1177 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 L 41 Page COUNCIL MEETING April 11, 2023 14. PUBLIC HEARINGS a. TLSE-2023-0001 Tru Urgent Care/Bellewood Commons The Public Hearing was opened at 8:08 p.m. Mr. Christopher Murphy presented Council with a special exception application for an urgent care facility in the Bellewood Commons Shopping Center. Council and staff discussed the application. Public Speakers: There were no speakers wishing to address Council. The public hearing was closed at 8:13 p.m. MOTION2023-079 On a motion by Council Member Cummings, seconded by Council Member Cimino-Johnson, the following was proposed: I move to approve the proposed resolution approving minor special exception TLSE-2023- 0001, Tru Urgent Care/Bellwood Commons, 531 East Market Street, based on the findings that the proposed use is compatible with neighboring properties consistent with applicable regulations to the Leesburg Legacy Town Plan and the Town of Leesburg Zoning Ordinance, and is consistent with the protection of the health safety, we fare and convenience of the community. RESOLUTION2023-063 Approving Minor Special Exception TLSE-2023-0001, Tru Urgent Care/Bellewood Commons to Allow and Emergency Care Facility at 531 East Market Street 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. Amending Town Code Section 32-143 (c)—Short Term Parking of Motor Homes withm Residential Districts The Public Hearing was opened at 8:14 p.m. Mr. Chris Spera reviewed the proposed Town Code amendments for short term parking of motor homes within residential districts. L 5 I Page COUNCIL MEETING April 11, 2023 Public Speakers: n Peter Pao. 108 Oakcrest Manor Drive. Spoke to Council regarding the desire to have commercial vehicles included in the Town Code amendment. Council and staff discussed the proposed amendments. The public hearing was closed at 8:29 p.m. MOTION2023-080 On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the following was proposed: I move to approve the proposed ordinance amending Town Code Section 32-143(c)to allow short-term parking of motor homes within the residential districts. ORDINANCE 2023-0-008 Amending Town Code Section 32-I43(c)to Allow Short Term Parking of Motor Homes within Residential Districts The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and L Mayor Burk Nay: None Vote: 7-0 15. NEW BUSINESS a. Authorizing the Mayor to Send a Letter to DEQ Opposing Generator Use by Data Centers Mayor Burk asked Council for authorization to send a letter to DEQ in opposition of the variance allowing data centers to operate generators in Loudoun County for up to 40 days in the summer months. MOTION 2023-08 I On a motion by Mayor Burk, seconded by Vice Mayor Steinberg, the fallowing was proposed: Authorization to send a letter to DEQ in opposition of the variance allowing data centers to operate generators in Loudoun County for up to 40 days in the summer months. The motion was approved by the following vote: Aye: Bagdasarian, Cinuno-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote. 7-0 6 Page COUNCIL MEETING April 11, 2023 16. UNFINISHED BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Cimino-Johnson disclosed he met with Mr. Kevin Ash and Town staff regarding 208 King Street and that he was looking forward to the upcoming Flower and Garden Show Council Member Nacv requested a Work Session discussion for Town Code Amendments to allow short term parking of commercial vehicles within residential districts. It was the consensus of Council to add this item to a future Work Session for discussion. Vice Mayor Steinberg disclosed he met with the Big T developer regarding their proposed project on Old Sycolm Road and with Mr. Peter Burnett, Mr. Kim Hart and Mr. Don Knutson regarding the Liberty Street Lot proposal. Council Member Wilt disclosed he met with the Big T property developers. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk disclosed she met with the Big T developer and with Kettler regarding the Kettler Data Center to discuss their proposal on variances for buffers. Mayor Burk joined the Sons of the American Revolution on the lawn of the courthouse to celebrate the 50`"Anniversary of the withdrawal from Vietnam. Mayor Burk met with Ms. Julie Bolthouse to talk about data centers. Mayor Burk and Council Member Cummings attended the annual Easter Egg Hunt. Mayor Burk thanked the Parks and Recreation staff for a great event. Mayor Burk attended the annexation meeting with the County representatives. Mayor Burk reported that the Town hosted a group of non-profits at Town Hall with the intention of recognizing volunteers and helping nonprofits get the community to volunteer. Mayor Burk said they didn't have any of the volunteers come forward, but the nonprofits were grateful for the opportunity to meet among themselves. Mayor Burk participated in the birthday celebration of 100-year old Lansdowne resident Eli Lindel. The event included a parade with approximately sixty vehicles. Mayor Burk attended the Loudoun Together event hosted by the Town of Middleburg along with Vice Mayor Steinberg and Council Member Cummings to discuss future planning for western Loudoun. Mayor Burk requested a proclamation for Bike to Work Day It was the consensus of Council to add this proclamation to a future Council Meeting. 19. TOWN MANAGER COMMENTS a. None. L 7 I Page COUNCIL MEETING April 11, 2023 20. CLOSED SESSION b. Pending Annexation with respect to the Joint Land Management Area (JLMAM MOTION 2023-082 On a motion by Mayor Burk, seconded by Council Member Cummings, the following was proposed: I move pursuant to Va. Code Section§2.2-3711(A)(8)and§2.2-3711(AX3)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 annexation in 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 convened in a dosed session at 8:38 p.m. Council convened in an open session at 9:08 p.m. MOTION2023-083 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 ofInformation 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) Wilt—aye, Bagdasarian—aye, Nacy—aye, Vice Mayor Steinberg—aye, Cummings—aye, Cimino-Johnson—aye and Mayor Burk—aye. Vote 7-0 21. ADJOURNMENT On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the meeting was adjourned at 9:09 p.m. Kell Bur ayor � Town of Leesburg ATTEST Clerk Council 2023_cmmo4i 1 8I Page April 11, 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: Let me call to order tonight's April 11,2023,Town Council meeting If anyone in the room needs hearing assistance, please see the Clerk Council Member Wilt has invited, I got it here, Drew Clyde, sorry,to do the invocation tonight and you're with Headway Church. Drew Clyde:Yes Mayor Burk: All right The invocation will be followed by Council Member Cummings doing the salute to the flag Mr Clyde, please come join us Drew Clyde: Thank you for having me Let's bow our heads. God, we just pause after a busy day but as there's more work to be done,just to acknowledge that you are God and we are not We come before you and just pause and thank you for your goodness, for your holiness, for your grace, for your sovereignty,for the many qualities that you are and that you have.God,we thank you for just a beautiful day today We thank you for just this team, this Council here that is serving our Town and serving the people of our Town, I thank you for their service, for their sacrifice God just even being here this evening It's just a reminder of how much time they give and thought and energy towards just the people of this Town so that everybody can flourish God, I just pray for wisdom for them God as they serve, Lord,just for the wisdom to know what to do and then the courage to do it It's not an easy job leading God, I just pray that you would bless them, that you would encourage them in their role, that you would equip them with everything they need to just accomplish the responsibilities that they have I pray even specifically for tonight, God as there's an agenda to follow, there are things to be done, I pray that it would be a productive meeting God,we all have the same desire and purpose and that is to see everyone in this Town flourishing God Those that are running small businesses, those that are employers, those that are employees Those that are struggling, that are in great need, whether physically, or mentally or emotionally, or spiritually God,we want everyone to flourish in this Town We just ask for your guidance and ask for your wisdom tonight dunng this meeting Amen Mayor Burk:Thank you Thank you very much Council Member Cummings Council Member Zach Cummings: Please rise All Members: I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God indivisible with liberty and justice for all Mayor Burk:AU right,let the record reflect that everybody is present tonight I need a motion to approve the work session minutes of March 27th, 2023 Council Member Kari Nacy: So moved Mayor Burt Moved by Council Member Nacy Second? Council Member Cummings: Second Mayor Burk: Second by Council Member Cummings All in favor indicate by saying aye Members: Aye Mayor Burk: Opposed and abstain Page 1 I April 11, 2023 Council Member Bagdasarian:Abstain Mayor Burk: Okay, so that's 6-0-1 Regular minutes of the March 26",2023 minutes, as amended Council Member Nacy: So moved Mayor Burk: So moved by Council Member Nacy Second? Council Member Ara Bagdasarian: Second Mayor Burk: Seconded by Council Member Bagdasarian All in favor Members:Aye Mayor Burk: Opposed?That passes 7-0 Can I have a motion to adapt the meeting agenda? Vice Mayor Neil Steinberg: So moved Mayor Burk: Moved by Vice Mayor Steinberg Second? Council Member Nacy: Second. Mayor Burk: Council Member Nacy Before we vote on this, I would like to add, I will have to get everybody's agreement to suspend the rules for tonight I would like to add a letter onto our agenda to go to DEQ It is about the issue of the variance that DEQ Is considering allowing data centers to use their generators in Loudoun County for 40 days during the summertime The data center community is not interested in doing this and does not want it to become part of the regulations It is a large polluter They use diesel, and it would be during the summer months If I could get everybody would agree to suspend the rules for tonight I will get it on the agenda and send it this week Do I have everybody's approvano suspendtne rules aunts point? _---- -- -- -- - -- Members:Yes Mayor Burk: Okay, everybody agreed to that I will make the motion to add a letter to the agenda Do I have a second? Vice Mayor Steinberg: Second Mayor Burk: Seconded by Vice Mayor Steinberg, all in favor indicate by saying aye Members:Aye Mayor Burk: Opposed? All right, that passes it will be added Vice Mayor Steinberg and Council Member Nacy made the motion to adopt the meeting agenda with the amendment All En favor Members:Aye Mayor Burk: Opposed, that passes 7-0 also We have no certificates for tonight, but we do have a couple of proclamations I will read them and then go down and present them The first proclamation is Armenian Genocide Remembrance Day Whereas on April 24'^of each year,we remember the lives of all those who died in the Ottoman era Armenian Genocide Whereas beginning on April 24, 1915, with the arrest of our Armenian intellectuals and community leaders in Constantinople by the Ottoman authorities, one and a half million Armenians were deported, massacred, marched to their death, or marched to their death in the extermination campaign Whereas those who survived, most were forced to find new homes and new lives around the world and including our nation. With strength and resilience, the Armenian people rebuilt their community Whereas over the decades,the Armenian immigrants have enriched our community in countless ways We honor their stories and we'll never forget the tragic history that brought many of their ancestors to Page 2 I April 11, 2023 the United States Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia, hereby proclaim April 241h, as Armenian Genocide Remembrance Day to honor all the Armenians who perished in that genocide That one, we will get down and present The next one is the proclamation for National Public Safety Telecommunications Week Whereas an emergency occurs, the prompt response to the public safety officers is critical to the protection of life and the preservation of property, whereas the safety of our police officers is dependent upon the quality and the accuracy of information obtained from the citizens who call the Leesburg police emergency communication centers and whereas public safety dispatchers are the first and more critical contact our citizens have with emergency services Whereas public safety dispatchers are the single vital link for our police officers by monitoring their activity and location by radio, providing them with critical information to ensure their safety Whereas public safety dispatch of the Leesburg Police Department have contributed substantially to the apprehension of criminals Whereas each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their job Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia, declare this National Public Safety Telecommunications Week in honor of the men and women whose diligence and professionalism keep our Town, our Police Officers, and our citizens safe Proclaimed this 111h day of April 2023 We also have Medical Laboratory Professional Week Whereas Medical Laboratory Professional Week is an annual celebration of medical laboratory professions, professionals, and pathologists who play a vital role in health care and patient advocacy Whereas the health of all Americans depends on educated minds and trained hands Whereas the practice of modern medicine at the exacting standards we now enjoy would be impossible without scientific tests performed daily in medical laboratories Whereas maintenance of these standards and progress towards improvement in the quality of laboratory services depends on the dedicated efforts of professional clinical laboratory science practitioners Whereas, through this dedication, the medical laborers in the United States have made a vital contribution to the quality of our health Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia recognize the week of April 23rd to the 291^, 2023, as Medical Laboratory Professional Week and urge all citizens to recognize and support the vital services provided by our laboratory practitioners for the benefit of all citizens proclaimed this 1111 day of April Then we have a proclamation for we have for Arbor Day Whereas in 1872 J Sterling Morton proposed to the Nebraska Board of Agriculture, that a special day should be set aside for the planting of trees Whereas this special day called Arbor Day was first observed with the planting of more than one million trees in Nebraska Whereas trees provide many benefits to our community, such as reducing the corrosion of topsoil, moderating temperatures, reducing heat and cooling costs, and cleaning of the air and water, they also produce oxygen and provide a habitat for wildlife Whereas planting trees and maintaining mature trees and our Town increases property values, enhances the economic vitality of local businesses, and beautifies our communities Whereas the Town of Leesburg is recognized as the National Arbor Day Foundation as Tree City USA community since 1989 and desires to continue its tree planting and maintenance way. Therefore proclaimed by the Mayor and the Town Council of Leesburg,Virginia,that April 2811 is official Arbor Day of the Town of Virginia for 2023 The last one is Dark Sky Week This is whereas an aesthetic beauty and wonder of natural nightlight is a shared heritage of all humankind, and the experience of standing beneath the starry night skies inspires feelings of wonder and awe encouraging a growing interest in science and nature, especially among young people, Whereas the greatest number of dark sky parks east of the Mississippi are located in Virginia, and Virginia's National, State and local parks, including Sky Meadows State Park located 40 minutes southwest of Leesburg, offers nighttime viewing opportunities, astronomy programs, and are home to dozens of species who rely on undisturbed night environments to thrive Whereas 80% of the world's population, including many people in North Virginia, live under a dome of light pollution,excessive artificial lighting at night that disrupts natural darkness and must travel to rural Page 3 I April 11, 2023 areas to experience the visual wonder of the dark sky Whereas night pollution, which is often unavoidable by implementing best practices that have economic public health and environmental consequences on communities Whereas light pollution represents a waste of natural resources amounting to roughly $3 billion per year of wasted energy in the United States and contributes to diminished energy security. Whereas the International Dark Sky Association is the globally recognized authority on light pollution and has created International Dark Skies Week to raise awareness of light pollution and provide free education, resources, and solution to the public to encourage the protection of and enjoyment of dark skies and responsible outdoor lighting with the help of Virginia residents coordinating the dark Virginia skies Therefore proclaimed that the Mayor and the Council of Leesburg in Virginia do hereby declare April 1501 and the 220°as International Dark Sky Week in Leesburg and ask each resident to join not only in observing and pondering upon this important week, but also raising awareness and support for protection of our precious dark skies resources Proclaimed this 111h day All right, Mr Bagdasaran, would you like to come down and join me for the Arbor Day? Not the Arbor Day, the Armenian Day Sorry about that All right, Armenian Day Okay Council Member Bagdasarian: Not Arbor Day Mayor Burk: No, not Arbor Day They begin with the same letter I'm sorry Council Member Bagdasarian: Yes Mayor Burk: Who is accepting this on your behalf? Council Member Bagdasarian:Well, obviously, Lala Ridge "Mayor Burk: Thank you very much for coming up and joining us today-Would you like io explain why we're doing this? Council Member Bagdasarian:Yes As the resolution or the proclamation points out,the genocide of the Armenians was the first genocide of the 20th century, and if we don't learn from history, we will repeat it It's so important to recognize what happened and the resilience of the Armenian people It's important to recognize this every year and keep this in the forefront of our minds Mayor Burk:Thank you We would like to present you this proclamation for representing the Armenian Lala Ridge: Thank you so much Mayor Burk: Would you like to say a few words in regard to it? Lala Ridge: I just have a couple of sentences Thank you Mayor Burk, respected Council Members, I'd like to express my heartfelt gratitude for the significant gesture Does this proclamation not only honor the victims of the Armenian genocide but celebrates the strength and resilience of the Armenian diaspora who has bravely set forth and built lives across the globe, including our Town of Leesburg May we as a community continue to stand up for justice and acknowledge atrocities everywhere it's found Thank you so much Mayor Burt Thank you Thank you very much for coming Lala Ridge: Thank you Mayor Burk: Thank you [applause] We'll do Arbor Day next Hello, Earl Page 4 I April 11, 2023 Earl Hower: How are you doing? Mayor Burk: Earl is here today to accept this proclamation and I'll I know you'd love to say a few words You're Mr Tree, right? Earl Hower Yes Thank you First, I want to-- you have to excuse me at the end of this, I'm going to have to go down We have a Tree Commission meeting downstairs We're meeting tonight First, I want to thank the Mayor and the Council, and staff for their ongoing support to protect, enhance the tree canopy of Leesburg Also would like to invite everybody here to attend this year's annual Arbor Day celebration on the morning of Friday, April 28th at the Catoctin Elementary School This year the Leesburg Arbor Day tree is going to be the River Birch Also this weekend, of course, at the Flower Garden Festival,we'll be giving away free seedlings,Water Oak, and Chestnut Oak That's going to be our new location is going to be up on the end of Comwell We got relocated from the front of the post office I don't know why Anyway Tell everybody to come up and get their trees Thank you again, ma'am Mayor Burk:Thank you.Absolutely Earl Hower: Excuse me Thank you Mayor Burk: Thank you [applause] Mayor Burk:The next one we have is National Public Safety Telecommunications Week Cindy Cain, you're accepting this Cindy,can I assume that you're one of our dispatchers? Cindy Cain:Yes, ma'am Mayor Burk: I think many of us have had experience calling during emergencies and you guys are invaluable[laughs]and keeping people from going crazy and not getting any help We really appreciate all that you do and we're delighted to be able to honor you here today Cindi Cain Thank you very much Mayor Burk: Sure You have a shadow behind you Would you like to say something? Lieutenant Bob Thompson: Certainly I'm Lieutenant Bob Thompson I'm the Information Services Commander and oversee the Emergency Communications Center I Just want to say that our telecommunicators are excellent They're their first line of customer service for many in a crisis.When it's most important to give them the best customer service and our employees in the Emergency Communication Center do an excellent Job of that I Just want to thank them publicly for that Mayor Burk: Absolutely We really, truly can't help You help us and you help the Police We truly appreciate all you do Please extend our thanks to your other dispatchers Cindy Cain:Thank you very much Mayor Burk: Sure thing Cindy Cain:Appreciate it Mayor Burk: Would you like to say anything? Cindy Cain: Sure, okay [chuckles] I would Just like to say that I have been employed with the Town of Leesburg for 24,almost 25 years in November All of my time has been at the Police Department While it was records and then into dispatch,dispatching gives you a sense of helping people at the end of the day It doesn't matter if they're Just calling into ask for directions or if calling in domestic Page 5 I April 11, 2023 They're calling us on their worst day and I would like to assure you that we have all been properly trained by some of the best in the room We are the calming force between the public and the officers Our primary function is to make sure that we get the officers to the scene of the call safely With that, I would like to say thank you all for recognizing us on this week and appreciate the support that we get from you all for the Police Department Mayor Burk: Thank you very much Our final one for tonight is International Dark Sky Week Julie Bolthouse is going to accept this Now your many roles, are you accepting it from the FAC' Are you accepting--Oh,okay [laughs]Well,thank you very much Would you like to say a few words about this important movement? Julie Bolthouse: Thank you and thank all of you for adopting this proclamation for this week Thank you to the International Dark Sky Association that is promoting Dark Sky Week across the globe Really appreciate all that you all do in land use planning and adopting ordinances that help to protect our dark sky Also rust want to emphasize that the great[laughs]thing about light pollution is that it's completely reversible and all we have to do is turn off our lights Think about that when you get home Do you need to have that porch light on and give the bats a break while they're hunting for their food and give your eyes a break and look up at the sky' Thank you Mayor Burk: Thank you, Julie Really appreciate it [silence] Mayor Burk:All right We have one presentation for tonight and it is the Air Traffic Control Services at the Leesburg Executive Airport Some of us may have heard different things The report will get us caught upon where we are and what's happening at the Airport Scott Coffman: Good evening, Madam Mayor and Members of Council. Thanks for your opportunity to give you a brief update on where are we at and the progress that we've made on the air traffic control services at the Airport You may have heard that we met with the leadership at FAA headquarters on March 31" We met with the Deputy Administrator, number two in the agency and then we also met with the number one in the Airport's division of the FAA We had already given our wishlist to the folks there and they've come back with some positive movements forward I won't say it's a permanent solution but for now,they're bringing a mobile air traffic control tower to the Airport This is a trailer that has been at the Airport for a number of years during the testing days of the remote tower They're already beginning to wire that backup and bring it back to the Airport We understand that's a temporary facility but it is fully capable of providing everything needed for air traffic at the Airport The FAA agreed to continue air traffic services only through September 309h We asked for that timeline that was initially in June to be extended to help give us time to design,develop and build a control tower We have some work to do there The remote tower, I believe that the FAA is aching to close that They see it as a liability at this point. It's a test program that never got approved, so they're working to move to the mobile tower as quickly as possible One of the things that we hear from our air traffic controllers is the importance of radar Radar was a big hurdle that got installed at Leesburg It took several years to bring that equipment in and the connections and our air traffic controllers can see all the traffic in our area with that. They've expressed their urgency to keep that device and information available in the mobile tower and we're working with the FAA on that There's certain security and other requirements that need to be flushed out One of the good things that will happen is the FAA will reset a five-year clock on admittance into the Federal Contract Tower Program When we applied in 2020 believing that the remote tower would be certified within the next five years, the clock has been ticking I'll go on to another slide that gives you a little more detail on the Federal Contract Tower Program Then last is the FAA is going to help us with the process of siting, designing, and constructing a permanent control tower Here's a picture of a mobile tower We need to set up an MOU with the FAA on how that will operate It is a temporary solution, but it has everything, radios and equipment in a to communicate properly with the aircraft and the approach controllers Page 6 I April 11, 2023 The Federal Contract Tower Program,just to give you a little background if you don't know what it is, FCT is the acronym It is the permanent spot where Leesburg wants to be because it's an FAA program that funds 250 plus towers across the US It's what pays for the controller salaries which are the major operating costs for operating a control tower The responsibility, and that five-year clock I was alluding to earlier is that the Town or the Airport,whether it's Leesburg or any Airport,they give us five years to construct a suitable tower facility that meets all the FAA requirements within that five-year window If we miss that window we could go back to the end of the line FAA recognizing that we were working with them on the remote tower has agreed to reset that clock to today and give us five years going forward At the end of this candidate phase, we enter the participant phase and we're staffed as a traditional control tower We're working on better understanding how to build a control tower Where's the best place to do it on our Airport?Where's the place that we could do it quickly with less environmental impact and utilizing some of the existing infrastructure, parking lots, data communication lines that are already in place versus budding it in a green field in the woods and having to bring all that infrastructure in place Nonetheless, it's a lengthy process I have personally have not been through it before the siting--Number one on my bullets is siting We want to build a control tower and a spot that's going to be able to see all the places that it needs to see not just today, but in the future as the Airport grows and builds out Siting is probably going to be the lengthiest part of the design project We know that there's contractors that do this and that can expedite it so the timeframe posted could be shortened Then grant opportunities, how are we going to fund this? The Airport Improvement Program, that's where I come to you every year with projects for the Airport AIP funds most of those projects We're kind of in a good position for funding the tower because also the bipartisan infrastructure law was passed last year,not only does it give ongoing money to the Airport every year for projects, there's other programs called the Airport Terminal Program, and the Federal Contract Tower Program that are out there to fund not only control towers but improvements to towers in the US Those are competitive grants but the AIP and some of the bipartisan infrastructure law is already allocated to Leesburg entitlement funding Next steps, obviously,the big one is how we're going to pay for ATC services and the controllers after September 30'h We want to continue the dialogue with the FAA They've been positive in our meetings We want to help them, help us streamline the approval and design process, and particularly that siting process Then we'll be working with our local Airports'office to identify funding, not only for the construction but for that design and environmental work Then I'm going to talk to our Airport Commission tomorrow night on,what about the pilots having some skin in the game Could it be landing fees or other fees that need to be charged at the Airport? I don't know how popular that will be but I think it's important as we try to find funding sources for this that we look at all avenues possible Any questions?Mr Markel was at these meetings with us as well, so I've asked him to stand next to me Mayor Burk:Are you--oh,you had [crosstalk]-- Keith Markel: I'm going to answer any questions I think the best news that we received was that we will now have uninterrupted air traffic control continuing through the summer That June 14th date now has moved out and we have a resource available that will provide this air traffic control service funded by the Federal government through September Now the work moves onto finding that funding that will take us from September on through the construction phase of the permanent tower Mayor Burk: Like you say it's not the end Its not a solution but it's a hold until we get to that point The discussions are still continuing,we're not done Keith Markel:Absolutely Mayor Burk: Does anybody have any questions on this? Council Member Cummings: Yes Just one quick question on timeline as far as the discussions, we talked about landing fees and intergovernmental fees, as well as corning up with the money to build Do we have a sense of not when we'll be done with it but when we'll begin those discussions? Page 7 I April 11. 2023 Keith Markel: As far as the siting work, and tower design work. those things will be happening in the coming months This is something that we want to happen very quickly You see the timeline Scott had this slide here This is what was presented to us from the FAA and what we've been impressing upon them, and they've been to their credit, very supportive and very willing to continue the discussion, the conversation, and looking for creative solutions They're obviously a major agency with many, many other communities looking for the very same thing What we're trying to impress upon them is that we are in a very unique situation here We're one of a kind in the nation because we were going down a path,working in partnership with the FAA.with Saab thinking that we're going to have a permanent solution in the remote tower That is no longer an option to no-fault of the Town's we've done everything that we possibly can do on our end to make that happen Now we've said now we're in the spot, how can you move us as fast as possible to a permanent solution? You see these date ranges up here on the screen, those are typical worst-case scenario numbers What we're hoping for is that they will look at this and with creativity, say, "You know what, we've already got a tower sited at that facility that met all the requirements Let us use that as the permanent site for the tower"That could take 18 to 24 months off the schedule What can we do to be responsible and smart to move this timeline forward as fast as we can? Council Member Cummings: Just to clarify, so we as a Council should be expecting to have conversations about funding these in the next couple of weeks to months Keith Markel: Absolutely We'll be reaching out to our Federal legislators trying to find money in appropriation bills to begin that funding process beginning in September, October, because when the FAA no longer has funds available, then that price tag comes to the Town or our regional partners That's where we talk about landing fees, regional funding, State funding, and other ways that we can try to do some stop-gap funding to get us there Mayor Burk:We did get a letter from the governor yesterday supporting our efforts to get to the tower Mr Wit Council Member Wilt:Oh,thanks Just specifically the date of the mobile tower When is that expected to be operational? Scott Coffman: I don't have a date to answer that directly It's the FAA has already started working on their telecom installation at Leesburg.They told me, normally this takes six months,but can we be there this week and start scoping out what needs to be done? To bring in fiber Council Member Wilt: In terms-- Scott Coffman: I would expect within two months the tower will be delivered I know that the tower already exists and is waiting to be delivered here They already have a contract with RVA They're the company that provides air traffic controllers That's all pretty much in place Council Member Wilt: The remote tower will continue operating until the mobile tower is certified operational? Scott Coffman: Correct Council Member Wilt: That should be before the September 301^ date where the FAA cuts off its funding Scott Coffman: Correct Council Member Wilt: The mobile tower will already be there For this mobile tower, the use of radar is still not resolved What is the impact without radar?What is the impact to the tower's capabilities? Scott Coffman: Sure We listen to our air traffic controllers We want to provide them the best tools to do their job I hear feedback from pilots that ever since radar was brought in safety has improved because the controller can look on the screen and see aircraft where they are For the many years Page 81 April 11, 2023 that's only been in place in 2022,just over a year Before that the remote tower and the mobile tower operated without radar, it can be done but it's better with this information Council Member Wilt: Would we expect any impact to the amount of traffic or the type of traffic that chooses to Fly into Leesburg without radar? Scott Coffman: No, I don't believe so Council Member Wilt: You don't think? No Scott Coffman: No Council Member Wilt: In that case,just for economic development purposes,no impact to the business community without the radar capability? Scott Coffman: No, I'm not aware of any Flight departments that are looking at that minutia of which towers have radar and which ones don't They are very much for an economic impact point of view looking which airports are towered and which ones are non-towered. Council Member Wilt: Just in terms of there was an extra 90-day bump to the June 30'^ date for the FAA to fund this, we just did the budget, I just don't really recall that there was any reserve funding unallocated Is there any? Mayor Burk: Mr Dentler Kaj Dentler For the mobile tower cost, which I believe the report talked about, it's $700K on annual basis The budget that you just approved for FY24 does not include any of that funding, because we were not sure what path we were going to go down for air traffic control services, and how much. Now we're starting to get a number,we know it's will be funded through September 301^ That do we do after that? Multiple things are in play One is obviously to go after Federal and State funding The FAA has indicated they're receptive to trying to find resources and they're supportive of us working with our legislators to pursue funding None of that is a promise that we get any money What Mr Coffman has talked about is beginning to approach what new revenue sources may be able to be generated from the Airport itself to help offset that cost all or partial because clearly we as a Town,we do not have the funding and cannot sustain paying 700 plus thousand a year for the next five to seven years Council Member Wilt: That was my next question That order of magnitude Kaj Dentler That's the order of magnitude Council Member Wilt: Three-quarters of a million a year Kaj Dentler: Yes If you look at it this way, the value of one penny on our real estate tax rate is approximately a million dollars I think it's 1 1 million we're talking to$700K-plus In essence,the mobile tower operation unless we find other funding sources equates to one additional penny on the tax rate Should we wish to go down that path Obviously, there's a lot of other options,whether there's a special tax district that we create at the Airport, landing fees, new revenue fees that we assess One of our challenges for the Airport is although it does provide economic benefit to the community, it only serves a very small portion of the larger population of Leesburg Every homeowner is not participating in the Airport We may receive some economic benefit It's a little hard to clarify what that is so how much do we place on the full community is going to be our challenge as we move forward I know it's a long-winded answer but we've got a lot of work to do Council Member Wilt: Yes,this is now a five-month sprint to nail that down, right? Page 9 I April 11, 2023 Kaj Dentler: Correct Depending upon what we learn over the next few weeks to few months,we may have to amend the FY24 budget possibly by using funds from our unassigned fund balance or reserves to fund at least year one or half of year one to ensure that we can get it started You are going to want to know how we're going to either recoup that cost or to be able to sustain that Council Member Wilt: Offset it Kaj Dentler: I completely share the concerns We have to generate new revenue sources because even if you do it one year, you cannot afford to sustain it Council Member Wilt:Then the final question is a cost question too We're talking about the general timeline for constructing an actual physical tower, what is the order of magnitude on that total construction cost for that five to seven-year project? It's $5 million, $10 million-- Scott Coffman: I honestly don't have an order of magnitude to really throw out there I have an idea Sorry,just as Scott here talking You see on my graphic I'm showing a tower that's incorporated into our building It worked,that's where our remote tower is It's right there on that same rooftop I think that the environmental impact will be less, the study will be shorter, the office space is existing, the infrastructure, the phones, the communication all already there If we can incorporate a tower into our building, I think the costs will be much lower compared to say Manassas who is looking to replacing their tower with a new tower in a green field next door They're looking at$10 million and I don't perceive Leesburg being that order of magnitude[crosstalk]-- Council Member Wilt: Okay, so less than 10, somewhere less than 10 Okay Scott Coffman: Yes Council Member Wilt: At this point All right Scott-Coffman: Keep in mind,funding opportunities are out there Typically FAA Airport Improvement Program funds 90%, State towers are eligible for State funding,which typically kicks in 8% of costs on Federal projects so that's looking at a 2% local cost Council Member Wilt: Okay, thank you Scott Coffman: Thank you Mayor Burk: Councilman Cimino-Johnson Council Member Todd Cimino-Johnson: Oh my light is still on Nothing Mayor Burk: Mr Bagdasarian Council Member Bagdasarian:Yes Thank you Just for some context,so currently, 100%of the tower operations of the remote tower in the air traffic controllers are covered by FAA, is that correct? Scott Coffman: Yes The only thing that we pay for is basically the facility that the office space is,we provide maintenance and support for the facility, but not the equipment Council Member Bagdasarian: Is that solely because we were under a pilot program for this remote tower, is that the only framework? Scott Coffman: Yes, it is funded through the next-gen department of FAA which is their technology side Council Member Bagdasarian:Just for clarification That were we doing prior to this program? Scott Coffman: Prior to this program, Leesburg had less traffic and was uncontrolled or non-towered, which means there was no control tower for the first 50 some odd years of the Airport's existence Page 10 I April 11, 2023 Council Member Bagdasarian: Now it feels like we're going from 2023 to 1973 with the technology Just curious and this is purely an opinion thing, or maybe it may be informed, but you would think that the remote tower technology would be a standard across smaller airports like Leesburg as far as technological advancements and utilizing latest imaging technology Is there a reason why this has been abandoned? Scott Coffman:That's a great question for the FAA Council Member Bagdasarian: Okay, I figured [chuckles] Scott Coffman: I don't want to get too deep into it but the Town of Leesburg wasn't involved in that decision, it was a decision made based on the technology,the robustness of the hardware and software between Saab and the FAA Council Member Bagdasarian: Yes Obviously, this is definitely an FAA question Do we know on an annual basis how many towers like this are built across the country, is it an ongoing thing? Scott Coffman: The bipartisan infrastructure law that put lots of infrastructure money out there has triggered 26 towers Keith Markel: That's the number in the queue right now Council Member Bagdasarian: How many in the queue? Scott Coffman:26 Council Member Bagdasarian: 26 Scott Coffman:Yes I don't know I wouldn't say those are all new but those are probably replacements like Manassas where they're trying to replace a tower that actually was in Colorado initially in the '40s, something like that Keith Markel: Selfishly,we don't want to be 27,we want them to move us up because had we known this five years ago we would be further along in the process That's what[crosstalk]work with them on Council Member Bagdasarian: Oh, exactly It's like September 30'h there's a cliff when it comes to, okay guys,you're on your own,good luck Looking at how we fund that's going to be an important thing and how that's covered Hopefully, I would imagine they're Federal funds that are available and hopefully, the process does-- I love that rendering. That seems to make sense without having full knowledge of the whole scope of everything That seems to make sense and if we could move that forward sooner rather than later,that'd be ideal Thank you Mayor Burk: Ms Nacy Council Member Nacy:Thank you Just making sure I understand your answer to what he just asked Before the remote tower we were uncontrolled, we had no tower, so we didn't have to worry about funding a mobile tower previously Scott Coffman: Correct Council Member Nacy Obviously, the deadline is the end of the fiscal year for the Federal government,was there any discussion about potentially or is there a way you can continue discussions as they start to make their justification books for their budget that they'll be getting in FY24 which will probably start around the June-July timeframe Was there any discussion of potentially a portion of money or maybe not the whole program but a piece of money to help us pass the September 300h date? Keith Markel: Yes We've been asking those questions and we impressed upon them We said, look, we haven't budgeted this We don't have this money sitting around being able to put right towards it What we heard loud and clear from them is the Town is going to need to put some skin in the game, so Page 11 I April 11, 2023 were not going to get off with zero but how much they can contribute and how much we can work with our Federal legislators to appropriate money through different channels to get this? In their budgets, this is very small dollars as you know It shouldn't be that hard to close this gap They wilt want to see Town participation in some form or fashion, but we know that there's more that we can see from the Federal side Council Member Nacy: Sure Yes Okay How many air traffic controllers does this impact? Scott Coffman:There are approximately seven controllers working in the facility now Keith Markel:And they do have it staffed at a higher level than what would be required for an Airport of our operational capacity because they needed higher trained and I think more experienced air traffic controllers because of the newness of the remote system Council Member Nacy: Right Yes I'm rust obviously concerned at the human element of people losing their lobs That's definitely something I think to consider it in all of this Scott Coffman: There's a shortage of air traffic controllers, so they will have a rob We rust want their rob to be in Leesburg and not moving them off somewhere else The good news is that were not going to have an interruption in service because that was our concern If they stopped the remote tower and didn't have another alternative then those controllers are going to need to find robs elsewhere and they're moving out of our community By having the trailer here, hopefully, those tower controllers will move to the trailer and work there until we can get the permanent solution Council Member Nacy Okay Well, that's good That's positive to know How do other airports our size fund their towers? Scott Coffman: Much the same way, but probably not They're probably not going to begin funding their tower before their tower is constructed They go in as a candidate,they have five years to build a tower Once that tower's completed controllers are hired and brought in We're already operating a tower Now we got to fill a gap while we build a traditional tower building Council Member Nacy: Great Okay Is this our only option2 Scott Coffman: Yes If you listen to the pilots and all the industry groups that have written in support of ATC services, yes I always equate the air traffic control tower at Leesburg going from a four-way stop or some yield signs to having a traffic light Would you take down the traffic light at Edwards Ferry Road and the bypass? Probably not Council Member Nacy: I absolutely agree that we have to have something there I rust wasn't sure if there were other-- Scott Coffman: It's really based on the volume of traffic and we went from 50K takeoffs and landings in 2018 to over 77K That's rust while the tower is open 10 hours a day Council Member Nacy:That's great Does this jeopardize our DHS status at all? Scott Coffman: No, it doesn't change Council Member Nacy: How we brought them in for the international stuff Scott Coffman:A tower I think you're relating to some of the secure air space We're in a 30-mile ring around DC We have a little carve out for Leesburg Makes it a little easier procedurally for planes to get in and out One of the reasons we pursued a tower back in 2015 and we were open to this remote tower idea is because when planes wouldn't follow those procedures, the Department of Homeland Security is calling us and saying, "Who is that rust landed? They need to call me because they didn't follow the procedure" Page 12 I April 11, 2023 Council Member Nacy: No, sorry, I didn't mean from security I meant the customs, does the amount of traffic coming in affect whether or not they want to stay at our-- Scott Coffman: No, we have an established customs facility They're supporting it today, Council Member Nacy: They're not going to be like, "Oh, you guys have gone back to 50K, so we're out" Scott Coffman: No, it's to what I was alluding to before It's more important to the airspace security for the tower to be an interim communicator with the planes at Leesburg from the folks that are watching this airspace around DC Council Member Nacy:All right That's helpful Mayor Burk:Vice Mayor Vice Mayor Steinberg: Thanks Can you talk about the tower siting procedure 18 to 24 months? I'm trying to figure out why that's such a long timeline when we have pretty tight Airport and you figure Can't put a tower just anywhere Scott Coffman: Fly a drone up and look around Vice Mayor Steinberg:Yes, there it is Scott Coffman: There's two procedures that the FAA outlines One is going through them, which is probably that worst-case, 18 to 24-month scenario There's an alternative siting plan that we would qualify for that we can engage a consultant who has 3D software and other tools to compile a siting report and submit it to the FAA for approval That's why I said some of those deadlines can probably, or those timeframes can be reduced Vice Mayor Steinberg: Because it doesn't sound like it should be all that complicated for us Scott Coffman: There's also a line, the FAA siting is where they quoted us with the 26 other towers in line to go through some of these Keith Markel: Some of it is just bureaucracy that they've got to review the other reports before they get to ours,so we've heard those horror stories Even when Saab was telling us if we're going to move now to build a permanent tower, that five-year window that they give us once you get authorized to move forward is almost not being met because there's so many folks in line wading to do the very same thing That's why we're trying to say how can we be creative You've already done the sighting work for where it currently sits You don't have to go out and look at environmental issues because you're not paving over undisturbed land Hopefully, it's going to be some ways that we can truncate the process Vice Mayor Steinberg: Did I understand you say Manassas is towered now that they're looking to replace their tower? Scott Coffman: Their tower came from the original Denver Stapleton Airport is what I understand It was only brought to Manassas due for replacement Vice Mayor Steinberg: Do they charge landing fees out of curiosity? Scott Coffman: They do not Vice Mayor Steinberg:They do not All right Out of curiosity,where would we have been money-wise, had the remote tower program not been short-circuited and at some point it was going to be certified at that point we would've had more warning, but where would we have been in terms of expense for operating that-- Page 13 F April 11, 2023 Scott Coffman: If the remote tower was approved? Vice Mayor Steinberg: If the remote tower were to have moved forward and at some point would've been certified and becomes our responsibility to a certain extent, at that point we would've been expected to fund it, at least to a certain extent, I presume Scott Coffman: We would've been expected to fund the ongoing maintenance of it I don't believe we were going to be required to construct it or to purchase it That deal has already been done by the FAA Vice Mayor Steinberg: As far as the controllers and everything Scott Coffman: It would've been in the Federal Contract Tower Program Keith Markel: It would have been Federally funded Vice Mayor Steinberg:That would've been Federally funded Scott Coffman: 100% funded Our responsibility would be to have a maintenance contract, if the computer goes down, a guy comes and fix it Vice Mayor Steinberg:The 70K number that we use for takeoffs and landings,does that include each and every takeoff and landing for the flight schools and all of that? Scott Coffman: An operation is a takeoff and a landing The controllers literally have the same little clickers that Kate has at the Flower and Garden to count the different types of aircraft that come in It is counted data, it is very accurate, but it is only for those 10 hours a day I like to add 10%or 20%to that to get a real picture of what happens at the Airport Vice Mayor Steinberg: It couldn't be as simple as,"Okay,70K flights, $10 per,there's your$700K and we ve paid for the whole thing" It can't be that simple, obviously Scott Coffman: Landing fees Yes Keith Markel: I think we'd be looking at-- Scott Coffman: I think we should talk to the Airport Commission and then they can come back with a recommendation but I'm happy to talk about it Vice Mayor Steinberg: Okay,thanks Mayor Burk: All right, thank you, gentlemen Appreciate your information It's an ongoing discussion we'll be having with FAA Chris Spera: Madam Mayor if I could Just add very briefly to what was stated I have Joined the [unintelligible] and I've been part of our team as we've gone down to speak with the FAA I think that although Scott mentioned it, I would like to acknowledge the role of Deputy Director Mims He is a former MWAA Board member He knows this space, he knows this community I believe his continued participation in this is why we're as far along as we are as opposed to Just dealing with the technical people He has brought a level of earnest attention to it that I think we need to acknowledge Thank you Mayor Burk:Okay,thank you very much I don't think anybody had any regional commission meetings this last meeting Petitioners is our next section and one of the first orders of business is to hear from the public All members of the public are welcome to address Council on any item, matter or issue Please identify yourself and if comfortable doing so, give the address for the taped record Any public speaker will be requested to state their name 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 Page 14 April 11, 2023 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 allotted applies to all There is nobody on the sheet that has signed up to speak tonight Is there anybody in the audience that did not get the chance to sign up that would like to speak? Seeing no one, I will then close the petitioner section That takes us to approval of the consent agenda We have 12A,which is the TLOA-2023-0001 Home 2 Suites Sign Modification We have 128 Appointment to the Commission on Public Art Marion Sheaffer and C,Town Hall Art Exhibit by Diane Canney Do I have a motion? Vice Mayor Steinberg: So moved Mayor Burk:Vice Mayor moved this Second? Council Member Nacy: Second Mayor Burk: Second by Council Member- I heard Nacy Is there any item that anybody wants taken off or removed?Alt in favor indicate by saying, aye Members:Aye Mayor Burk: Opposed? That passes 7-1 We do have a resolution for the Hometown Hero Banner Program Kate Trask: Good evening, Madam Mayor, Council Tonight I have to present to you a proposal from the VFW for the Hometown Hero Banner Program The local VFW Post has requested that the Town partner with them to allow service member banners to be displayed at the Town property This banner program would be a fundraiser for the local post and it would recognize local service members The VFW along with Town staff have selected Freedom Park as a display location for up to 56 banners to start this program The banners would be on yearly display from Memorial to Veterans Day, except for this year if the proposal goes through We would look to do it July 4'^through Veterans Day The Town, m addition to displaying the banners, is asked to support it with a$2,500 purchase of the brackets Here's a look at what those sample banners look like They're double-sided The front would actually have the local hero, the back side would have a quote from the Town, that one reads "The Town of Leesburg honors our local veterans and those serving our nation today"We'll get into the selection of who is on the banner to lust a moment. Freedom Park, there's two photos. The top photo shows the Freedom Memorial, which is located at Freedom Park That is where we have our annual 9/11 celebration Then Freedom Park light poles,lust the sample there of the parking lot There's another parking lot there That is where the banners would be hung What is the proposed partnership?The VFW would manage the banner program As I had mentioned, this is a fundraiser for them They would do all of the marketing,they would review all of the applications, replace the orders and then store them in case they go back up again the next year or they would actually return them to the person who purchased them What they're asking us to do is to purchase the banner hardware so that's the brackets going upon the light post to provide the location as well as to install and remove the banners on a yearly basis for them The banners would be purchased or sponsored is the term that's used in the program Tne nonoree would need to be a military personnel currently serving, honorably discharged, retired or deceased Then they must meet one of the following criteria,to be a current resident of the Town or the County, to have previously lived in the Town as a long-term resident, as they've defined as 10 years, be a graduate of a high school located in Loudoun County or a resident of the Town of Leesburg or the County at the time of enlistment or discharge from service These are the parameters that our local VFW has set up We have a motion in front of you either to approve this partnership or deny it At this time, if there's any questions, I have Ray and Lee here from the local VFW to answer any questions Mayor Burk:Thank you It's truly wonderful that we are partnering with the VFW and that they're going to take a fair amount of responsibilities but I do have a couple of questions The back of the banner says "The Town of Leesburg honors our local veterans and those serving in our nation today" The cntena allows current resident of Town or Loudoun County graduate of Loudoun County High School Page 15 April 11, 2023 located within Loudoun County and resident of Town or Loudoun County at the time of enlisting Is there a reason that were making it to the County as opposed to making it specific to the Town? Kate Trask: I'll let them answer that Ray Delpesche:All nght,the Council Member and the Mayor, thank you very much for having us here tonight My name is Commander Ray Delpesche or Ray Delpesche I'm the commander for the VFW of Loudoun County. We are located here in the Town of Leesburg To answer your question about the back of the banner,this is a standardized quote that is on all the banners that are displayed The reason why it's limited to that is because of the spacing and the wording and the volume of words that can be fitted It's just a matter of highlighting Leesburg, highlighting the local veterans and service to the nation Mayor Burk: My question was, why are you including Loudoun County? Why aren't you making it specific to Leesburg? Ray Delpesche: That can be changed That can be changed We have the opportunity to actually accept what is being presented from the banner program We can make that change specifically to take off the Loudoun County and just leave the Town of Leesburg in it Mayor Burk: 1 don't know if you guys thought about that If you wanted to keep it at Loudoun County It's just a little odd that its here in the Town Ray Delpesche: I understand that The majority of our veterans that don't live in the Town of Leesburg and their participation in the VFW in a sense, their residents may be in Sterling, in Ashburn, in Purcellville We don't have only veterans from Leesburg who are members of the VFW here in Loudoun County in the Town of Leesburg That's why we wanted to incorporate those other veterans who live in the County If they wanted to participate,they would be able to do so Mayor Burk: I'd like to see Loudoun County get involved and do a program like this in Sterling and in Ashburn and Purcellville get involved and do their program I think that would be wonderful if we could get all these different[crosstalk] Ray Delpesche: I would agree with that too We can use this as a prototype and then from our success, which I'm hoping, very much that it would come to that, they can then say, "Why can't we do it in our Town?"We can be that catapult for them to help Mayor Burk:Well, I would just ask that you might want to think about Loudoun County, keeping it at as Leesburg, but it's your decision I understand that So, Ms Nacy? Council Member Nacy: Oh. I was just going to make the comment that the Town of Chincoteague, Virginia does this I don't know if you've ever been down there in Accomack County It's the Virginia side of the Eastern Shore,and it's very moving to drive into Town and see all of the banners I think this is great I'm really excited to see it Ray Delpesche: Thank you Mayor Burk: Council Member Cimino-Johnson? Council Member Cimino-Johnson:Thank you so much I think this is a wonderful idea and I'm looking forward to, hopefully, us passing this and seeing these banners out there I just have a couple of questions First, how many banners would it be a year? Ray Delpesche: We are right now limited to 56 banners Mayor Burk: 56 banners, yes Ray Delpesche: Because of our inventory of poles that we have to be able to use If the possibility for other poles are available to us, we would like to expand it for the next round of banners up If we get some support from Dominion or whoever owns those poles,that we can put up more banners on them Page 16 I April 11, 2023 and utilize more areas then for the next round of banners going out we can increase that amount from 56 to how many other opportunities that we might be able to use Council Member Cimino-Johnson: Okay, then who chooses the veterans? Ray Delpesche: That do you mean who chooses the veterans?The veterans-- Council Member Cimino-Johnson:Are you all choosing them or? Ray Delpesche: Yes If they meet the criteria that we specify in our ordering instructions and they are first come, first serve If the first 56 people order their banners, they're the first going to be displayed between July and Veterans Day Then from the next, flying of the banners for the next year, when we do it for Memorial Day to Veterans Day,then whoever comes after with their ordering,they'll be able to get their banners displayed If we don't have that inventory,we could reach out to those the year before and see if they want to do it again Council Member Cimino-Johnson: Okay, this will be veterans going all the way back to World War I? Ray Delpesche:World War I, and whoever they want to recognize that meets the criteria Council Member Cimino-Johnson: Okay, excellent Thank you so much Ray Delpesche:You're welcome Mayor Burk: Mr Bagdasarian Council Member Bagdasarian:Yes Always great to see you, Commander Ray Delpesche:Always a pleasure Council Member Bagdasarian: I would also encourage you to look at this as a bigger program. Pilot it in Leesburg and expand it to Purcellville and Sterling. Middleburg, because this is, Leesburg honors I think this would be wonderful to have throughout the entire County,lust want to encourage that Ray Delpesche: Yes I think it's a great idea for us to start now, see our challenges, learn from our lessons, and sell it to the other towns that are close by so that they can also recognize their veterans if they choose to Mayor Burk:Vice Mayor Steinberg Vice Mayor Steinberg: Thank you The staff report I have identified potentially locations on Catoctin Circle and Battlefield Do we know where those locations are? Kate Trask: What we looked at was Catoctin Circle which would run roughly from Safeway to Giant Then on Battlefield,we were actually looking King Street to King Street There are poles we now know on that section that are owned by Dominion and Novec and Novec doesn't allow us to anything on a pole Those are some of the challenges that we'll face if we go out to use utility poles from the companies, how do we get permission to do that?We want to make it logical too when we put them up as well so there is consistency there We do have the flags on Battlefield, so that would be an ideal location I know from the VFW standpoint to go along with that Once we get started,yes Mayor Burk: We're starting at Freedom Park? Kate Trask: Freedom Park Mayor Burk: I want to shout out to Tammy Carter because she's the one that brought this to my attention and asked me to bring it forward Then the VFW,you guys you're like, "Yes, sure We'll do it No problem" It's not usually that easy Thank you Really appreciate it Page 17 I April 11, 2023 Ray Delpesche: I just want to say that we just received our draft for the banner itself for our approval If there are any edits that needs to be made,we can make those edits, and we submit it We have also the opportunity to have about 250 flyers so that people can understand what we're trying to promote and get the order in as soon as possible How many will be ordering?Two? Mayor Burk: Give me 50, and keep it to Leesburg Thank you Seriously, thank you Is there a motion at this point to partner with the VFW and use,what is it?$2,500 for the brackets and getting them hung up Council Member Nacy: Do you want me to read that? Mayor Burk:Yes,would you, please? Council Member Nacy: Yes I move to approve the proposed resolution for the Hometown Hero Banner Program at Freedom Park in Partnership with the Veterans of Foreign Wars,VFW Post Number 1177, and for the Town to purchase the banner brackets Vice Mayor Steinberg: Second Mayor Burk: Seconded by Vice Mayor Steinberg All in favor? Members:Aye Mayor Burk:Opposed?All right,we're moving forward.Thank you,gentlemen Now we have the public heanng Our first public hearing for tonight is, I call to order this April 11'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 either sign up on the sheet in the hallway outside of Council Chambers, but if you did not get the opportunity to sign up,we'll give you the opportunity to speak In the interest of fairness,we also ask that you observe the three-minute time limit The green light in front of you will turn yellow at the end of two minutes, indicating that you have one minute remaining At that time, we would appreciate your summing up and yielding the floor when the bill indicates your time has expired Under the rules of orders adopted by this Council,the three-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 the group a few extra minutes In that instance,we ask speakers when they sign up, to indicate their status as spokesperson, the group they represent, and their request for additional time Our procedure for the public hearing is as follows First, there's a brief presentation by staff about the item before us Second, members of the public that have signed up to speak will be called and given five minutes to make their comment The public hearing item on the agenda tonight is TLSE-2023-001, Tru Urgent Care/Bellewood Commons Hello Chris Murphy:Good evening, Madam Mayor, Members of Council I am hereto present the staff report for minor special exception application, TLSE-2023-001 proposing the establishment of an emergency care facility in the space once occupied by Starbucks Coffee in our building at the Bellewood Common Shopping Center at 531 East Market Street Although the subject property is zoned Crescent Design Commercial Corridor, this application before Council by virtue of Zoning Ordinance section 710- 2(G)(2), that preserves the right to use the B2 zoning district uses in effect, prior to the adoption of the Crescent District in 2013. That is where we find Zoning Ordinance Section 642, establishing emergency care facilities as a minor special exception use In this particular instance,two urgent care proposes to reuse 2,534 square feet of the existing multi-tenant outbuilding at Bellewood Common Shopping Center for its limited services emergency care facility That facility will accept walk-ins and appointments for services very much typical to a primary care medical office The application also specifies this facility is not intended as an emergency room or a place where patients are brought in by ambulance for care Due to the nature of this application. only one review was needed to prepare for this public hearing This review period has taken three months total Through that review, Town staff has determined the reanimation existing vacant space at Bellewood Commons Page 18 I April 11, 2023 as proposed will not adversely impact adjacent properties, it represents positive growth and change consistent with the Town Plan It does not discourage continued use or future development of adjacent properties and is anticipated to generate fewer daily vehicle trips than a retail or restaurant uses that could occupy the same space In finding the application is consistent with the Town Plan, as satisfactorily addressed this special exception approval criteria and proposes a use that will serve the health, safety, welfare, and convenience of the community this application comes to Council with staffs recommendation of approval, with simple standard conditions that you shall develop in substantial conformance with the application and no waivers are expressed or implied by the approval of this application This concludes my presentation Here for Council's convenience I have model motions for your use should you wish to move forward on this matter tonight Thank you for your attention I'm here to answer questions Mayor Burt Thank you. I have a question Because of this particular shopping center was parking taken into consideration at all? Chris Murphy: We looked at the parking and due to the nature of the use, there was no need to add additional parking spaces Mayor Burk: Wow Okay, any additional questions?All right, then I will see if nobody has signed in to speak is there anybody in the audience that would like to speak at this point that didn't get a chance to sign in?Okay,there being no one I will close this public hearing Is there a motion? Council Member Cummings: I have a motion Mayor Burk: Yes, sir Council Member Cummings: I move to approve the proposed resolution approving minor special exception TLSE-2023-0001, Tru Urgent Care/Bellwood Commons, 531 East Market Street, based on the findings that the proposed use is compatible with neighboring properties consistent with applicable regulations to the Leesburg Legacy Town Plan and the Town of Leesburg Zoning Ordinance, and is consistent with the protection of the health safety,welfare and convenience of the community Mayor Burt Is there a second? Council Member Cimino-Johnson: Seconded Mayor Burk: Seconded by Mr Cimino-Johnson Any questions at this point? All in favor indicate by saying aye Members:Aye Mayor Burk: Opposed? Passes 7-0 Thank you Chris Murphy: Thank you very much Mayor Burk: The next public hearing.This public hearing is on amending the Town Code Section 32- 142, Short-term Parking of Motorhomes within Residential Distncts. I call to order this April 11th public hearing on the Town of Leesburg Unless there's an objection I will dispense with the reading of the advertisement If you wish to speak,we asked you to either sign upon the sheet in the hallway outside of the Council Chambers,but if you did not get the opportunity to sign up,we will give you the opportunity to speak In the interest of fairness, we also ask that you observe the three-minute time limit The green light in front of you will turn yellow at the end of two 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 adopted by this Council, the three-minute time limit applies to all However, rather than have numerous citizens present remarks on behalf of the group,the Council will allow a spokesperson for a group a few extra minutes Page 19 I April 11, 2023 In that instance we would ask the speakers when they sign up to indicate their status as spokesperson, the group they represent, and the request for additional time Our procedure for the public hearing is as follows First,there's a bnef presentation by staff on the item before us Second, members of the public that have signed up to speak will be called and given three minutes to make their comments The public hearing item on the agenda tonight is amending Town Code 32-143(c) short-term parking of motorhomes within residential districts Chris Spera: Good evening, Madam Mayor, Members of Council You may recall that this came up in a petitioner several months ago A gentleman came and spoke about the difficulties and challenges he was having with parking his motorhome, particularly in the context of loading and unloading as they came back or began to prepare to go out on trips Under our current regulation,within residential areas, there are restrictions on any type of vehicle that's parked in those residential areas based on vehicle length,weight,and number of axles All of those may be barriers to parking a motorhome for any period of time within that residential area There are some exceptions, but they're very very specific and they're related to generator trailers used during power outages or if a commercial vehicle that trips the weight or length or axle number a limit is there performing services for a resident For example, if you had a plumber come to your home and that commercial vehicle had to park while it was performing services to the home that's okay You don't want to inhibit someone coming to your home to do the work that needs to be done, but it has to be actively involved in performing those services There's also an exception for vehicles-I call it the moving van exception Basically, if they're going to offload furniture or other equipment for installation in a home there's a 48- hour exception for that That's in the current Code What we are proposing after consultation with the Police Department, Captain Smith and his staff in particular, is to allow basically a 24-hour window for a resident It's not the residence's relative, it's not their friend It's the vehicle that they own or that they lease that would allow them to have a 24-hour window to either load or unload the vehicle in the context of preparing the motor home for a trip You'll see in the highlighted area,this is the highlighted language This-is what we're proposing to add Again, its a little bit tighter time than the equipment or furniture, a 48-hour window, but we think that a 24-hour window is reasonable period of time within which you can load or unload your motor home to get ready for a trip It has to be by the resident This is not intended to be invite your friends to park their motor home at your house This is for the private recreational non-commercial use of the resident as they enjoy the motor home that's part of how they recreate. We think it strikes an appropriate balance between the needs of the residents who might happen to own a motor home or trailer with the needs of the community and the potential impacts of a large vehicle being parked there [coughs]excuse me, at all That's why we focused on the relatively short duration This is being jointly proposed by me It's your direction with the consultation and agreement of the Police Department That's all I have Mayor Burk: Thank you I think these allergies are killing all of us here Chris Spera:Yes, ma'am. Mayor Burk:The one question I have is we did have a request from a commercial business that wanted to have an exemption that would allow them to have their vehicles parked in front of their houses Chris Spera:That is not something that either my office or the Police Department support that we feel like there is a legitimate concern,and the reason for the regulation is there's both a residential character of the neighborhood that we want to preserve from just a quality of life perspective There's also some safety concerns about having large vehicles for an extended period of time in a residential area in terms of blocking sightlines frankly taking up more than one parking space when we all know that on-street parking is at a premium Unlike the motor homes,which this is a private recreational use by the resident, it's not commercial activity I think that allowing commercial vehicles to park in a similar exception like this, commercial vehicles associated with the resident as opposed to commercial vehicles that are associated with someone, a Page 20 I April 11, 2023 third party providing services to that resident I don't think that's consistent from both quality of life perspective and a safety perspective I think there's a distinction there that both Leesburg Police Department and my office would like to draw Mayor Burk:Okay,thank you We do have one speaker,Peter Pao Did I say your last name correctly? Peter Pao: Pao Mayor Burk: Pao I was close It's only three letters though Peter Pao: So much to go back to Thank you, honorable Council, Mayor Burk Thank for this opportunity to speak My name is Peter Pao I'm a Loudon County resident of Leesburg here,and small business owner Mayor Burk: Would you spell your last name? Peter Pao: Sure Last name is spelled P-A-O Mayor Burk: Thank you Peter Pao: I was actually here little less than a year ago in front of you guys I own a business called Primal Axe,which is a Mobile Axe Throwing Trailer It's a red trailer, about 20 feet long, and we actually participated in the 4'" of July parade fast year and we're lucky enough to win a Best in Show We got the trophy in the hallway over there What we do and what I'm here for is basically it's exactly what we're talking about It's this exemption that we're looking at for what I need to do for my business, my small business, is that we load in We come In into the residential area where I live in Leesburg We have to set up the electronics, set up,wet down the boards, do that stuff like that I usually come in exactly that, about 48 hours, 24 hours before an event, go to the event, work that event-and then usually those end late in the evening 10 00 PM, midnight, something like that We drive the trailer back and then we just download everything,take it apart and then we take the trailer out We do no long-term storage in Leesburg I pay actually for the whole year to store the trailer outside of Leesburg All I need for my business and probably other small business that have similar circumstances that are mobile businesses is the time to come in load set up our vehicle,so we can prepare for our Job, our livelihood, go out do that Job. Come back,just like anything else,take it apart, store everything, and then bring that trailer off-site out of Leesburg where we store it 99% of the time when its not being used That's what I'm asking is basically the same concessions to be named I know it's kind of a weird thing but I think more mobile businesses are popping up after 2020 You got mobile dog grooming you got mobile haircuts, mobile barbers, mobile axe throwing, mobile entertainment That's a new thing that we're having here and I know I'm just one person speaking here, but I'm sure there's other people that have small businesses, where it's not much a brick-and-mortar anymore It doesn't have to be that way This business is my business This is my livelihood As for quality of life, that's calling right for my family Again,we do a lot of nonprofits We've donated time in the trailer to our church.we've provided services for fundraisers for both station 1 and station 20 We work with all kinds Of panes in Leesburg events, stuff like that We are very prolific in the community We're just asking for time to be able to load and unload without the threat of getting a citation That's all I want Thank you Mayor Burk: Thank you and I have to apologize for my colleagues I forgot to ask if there were any questions of Mr Spera Mr Spera, if you come back up to the mic and Councilman Cimino-Johnson Council Member Cimino-Johnson: Oh, it's not supposed to be on Mayor Burk: Okay, Mr Bagdasaran? Council Member Bagdasarian: Yes Just curious How does this amendment impact cousin Eddie who's visiting for Christmas, and he's parked his vehicle in front of the house for three or four days? What regulations are applied to that type of use case? Page 21 ] April 11, 2023 Chris Spera:Well, enforcement,Captain Smith here will tell you,that enforcement is complaint driven LPD is not driving around looking for this but we have to receive a complaint The way that we've drafted this is that it's a motorhome that's owned or leased by the resident If it's cousin Eddie, if cousin Eddies got his motorhome, he can drive by but he can't leave it there overnight If that's how he gets to where he's going, he's got to find a place to park that's not in a residential area Council Member Bagtlasarian:Well,that's right until somebody complains Chris Spera: He can park there as long as--[crosstalk]We've tailored this pretty narrowly to be for the resident for a vehicle that they own or lease It's a sort of an extension of the private property rights of the resident, as opposed to a visitor Mayor Burk:Are you finished? Council Member Bagtlasarian:That's it Mayor Burk: Mr Wit Council Member Patrick Wilt: Thanks, Chris Just in the process of this, this sounds reasonable to me, actually, but in the process of vetting this, the gentleman who did bring this up in the petitioner section some time ago, did we engage with him to understand his issue and the 24-hour time period and that's his specific experience? Chris Spera: I think he wanted longer, but I don't think that we felt he Justified a longer period of time He basically wanted the same period of time as the, what f call the moving van exception, but I think that's a different level of equipment,potentially heavier things.A longer period of time you got[crosstalk] The thing would be tough We felt like 24 was a reasonable period of time It seems to me that if you're going on vacation in your motorhome, you're probably going to get it ready the day before you're going to hit the road and maximize your time enjoying your RV Council Member Wilt:Thanks, Chris Chris Spera: Yes, sir Mayor Burk: Miss Nacy Council Member Navy:Thank you I'm Just curious how Mr Pao's trailer would fit into this Would it be classified the same way or is that a different-- Chris Spera:What we are proposing and what we advertised and should anyone wish to consider what Mr Pao is proposing there would be a different amendment We could not lump it in tonight because what we advertised was limited to motor homes Council Member Nacy: Okay Chris Spera: Right Council Member Nacy:That's a separate entirely-- - Chris Spera: Its a separate category from a commercial vehicle or a trailer as opposed to a motor home Those are defined differently It's a recreational vehicle Council Member Nacy' Okay, thank you Mayor Burk: Mr Cummings? Council Member Cummings: Just one quick question This is Just for non-HOA roads? Page 22 I April 11, 2023 Chris Spera:Correct Basically,it's on-street parking regulated by the Town If it's governed by an HOA and they're not within the Town maintenance,then that's governed by the governance of the community Mayor Burk:Vice Mayor? Vice Mayor Steinberg: Thank you Out of curiosity, if the vehicle is within the driveway and doesn't block the sidewalk Chris Spera: This doesn't apply Vice Mayor Steinberg: Doesn't apply Chris Spera: This is just on-street parking Yes, sir Vice Mayor Steinberg: Okay, if I understand you correctly, this does not exactly address Mr Pao's issue This is only motorhomes Chris Spera: Right Should the Council wish to direct us to investigate and make a recommendation on what Mr Pao's proposing, it would require a separate amendment It would not be something we could do tonight by simply amending what I've put before you because what we advertised was limited to parking of motorhomes I think the community would object, and just, I wouldn't feel comfortable moving forward having advertised something related to motorhomes and then extending that to apply to commercial vehicles or commercial trailers If anyone has any interest,you could bring it up at a work session and direct us to come back to you, but I would counsel against trying to include it to my- Vice Mayor Steinberg: I understand Chris Spera: -based upon the nature of the advertisement that we did for the public hearing Vice Mayor Steinberg: Okay,thank you Mayor Burk: Okay Thank you I'm sorry I missed the sequence Chris Spera: I remembered to put a motion on it Actually, Carmen did I should not take any credit at all Mayor Burt I need to close the- Chris Spera: Public hearing Yes, ma'am Mayor Burk: Close the public hearing at this point Would somebody like to make a motion? Vice Mayor Vice Mayor Steinberg: I move to approve the proposed ordinance amending Town Code Section 32- 143(c)to allow short-term parking of motor homes within the residential districts Mayor Burk: Is there a second' Council Member Bagdasarian: I'll second Mayor Burk: Seconded, Council Member Bagdasanan Any additional comments?All in favor indicate by saying, aye Members: Aye Mayor Burk: Opposed?That passes 7-0 Chris Spera:Thank you Page 23 I April 11, 2023 Mayor Burk: Thank you That takes us to future Council meetings and topics Anybody? Mr Cimino- Johnson? Council Member Cimino-Johnson: I need to make sure this is on I have a disclosure Today I met with Kevin Ash and his engineer as well as Town staff Bill, Brian, Eric,and David to talk about 208 King Street Other than that, I'd just like to say I'm looking forward to the Garden and Flower Festival this weekend Thank you Mayor Burk: Mr Cummings? Council Member Cummings: No Mayor Burk: I would like to ask the Town Attorney, the letter, do I-- Mr Spera? Chris Spera:Yes [unintelligible] Mayor Burk. I'd have to go back and do the new business section after everybody's done Chris Spera:Yes Mayor Burk: Okay, all right,anybody down here have any disclosures or any-- Ms Nacy? Council Member Nacy: I don't have any disclosures, but I would like to see if we can add a future agenda item to discuss what Mr Pao brought up this evening Please Mayor Burk: Is there a second? Kaj Dentler Are you wishing to have a work session or just put it on a regular agenda and discuss it at that time ready to take action? Do you have a preference? Mayor Burk: I think we need to discuss it Council Member Nacy: Yes Mayor Burk: There's a work session Kaj Dentler: Work session discussion first? Council Member Nacy:Yes Kaj Dentler: Okay Mayor Burk: Good Is there a second, Mr Cimino-Johnson? Chris Spera: Just four head nods Mayor Burk: Oh, even though it's on a Tuesday? Okay There are four people that would like to do that Okay Mr Wit, Mr Bagdasanan, Ms Nacy, all right, and Mr Cimino-Johnson Anybody else? Mr Vice Mayor Steinberg? Vice Mayor Steinberg: Mr Vice Mayor [chuckles]Somebody. Nothing future Two disclosures,one of meeting with the Big T Developers regarding their proposed project on Old Sycolin Road, and the other was with Peter Burnett, Kim Hart, Doug Knutson regarding the Liberty Street Lot Mayor Burk: Okay, I also have a disclosure for the Big T developer I've met at the same time I also met with is it Kettle? Kettler, thank you Kettler Data Center I met with them to discuss their proposal on variances for buffers On the 29th I had the opportunity to join the Sons of the American Revolution in celebrating the 50'"anniversary of the withdrawal from Vietnam They did it on the courthouse It was a really moving ceremony, and I was delighted to he able to join them On the 30"', I met with Julie Page 24 I April 11, 2023 Bolthouse to talk about the data centers On the 14, I participated along with Mr Cummings on the Easter egg hunt It's pared down to a very specific science almost, getting those kids in and out, but makes me laugh when the kids come in with their gigantic baskets and they pick up tons and tons of eggs I want to thank the Parks and Rec because it was a great event and the kids had a great time On the 6'h, we had the annexation meeting with the County I can't say that we made much progress there, but we agreed to meet again On the 7th,for the first time,we had invited a group of non-profits to come up on the Town Hall,just outside the hallway here,with the intention of having we want to recognize volunteers and help nonprofits get the community to volunteer We didn't have any of the volunteers come forward, but the nonprofits were very grateful for the opportunity to actually get to meet among themselves We went around and talked about what they do and how they do, and they realized that some of them can work together It was a very good program and we will progress through the year to do other events for the recognition of the volunteers because there are so many people that do so many good things for the Town. On the 8'^, I had the opportunity, the Chariot of Fire Organization identifies veterans that are turning 100 years or older and does a parade for them We had a gentleman out in Lansdowne, Eli Lindel, L-I-N-D-E-L He was turning 100 and they must have had 60 vehicles there All these different veteran organizations The gentleman had been in World War II, had been a POW during that time period, had received the Purple Cross and had done-- His stories were Just truly amazing and it was a wonderful get-together and I want thank them very much for inviting me to participate Today, the Middleburg Town Council held a Loudoun Together, and it was about future planning for the Loudon and the West It was attended by Mr Cummings and Mr Steinberg, and it was very insightful and very good use of our time I appreciate Middleburg doing that It was at Salamander, so it was very nice Well,we learned a lot That is all I have Before I get to the Town Manager, I need to go back to new business because I would like to make a motion that I be allowed to send a letter to DEQ concerning our opposition to the variance of allowing the data centers to use their generators It's only specific to Loudoun County to use their generators for 40 days during the summer This was an issue dealing with pollution Even the data centers do not want to do it and don't want the variance They asked if we would Join in other localities Loudoun County has done it Some of the I think Purcellville has done a letter and I think Middleburg has done a letter They've asked us if we would Join in writing a letter in opposition I would like to make that motion Vice Mayor Steinberg: Second Mayor Burk: Seconded by Vice Mayor All in favor indicate by saying aye Members:Aye Mayor Burk: Those opposed?That passes 7-0 Thank you Then the last thing I would like to do is ask for a bike to work day on proclamation Is it at the end of April? Okay, at the end of April, but it is for May May I have a second on that? Is that one of those ones I do the four Are there four people that would be willing to do that? [chuckles] Okay, all right [crosstalk]Yes, all right [laughs]All right, thank you Mr Town Manager Council Member Wilt: Oh, excuse me, Mayor I forgot what an earlier disclosure reminding me that I also had a disclosure of meeting with Big T properties also last week Mayor Burk: Okay, great Thank you Kaj Dentler: No comments Mayor Burk: Okay then we need to go into a closed session Pending annexation, the motion is, I move pursuant to Virginia 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 briefing by staff members regarding specific legal matters related to the annexation in the Page 25 I April 11, 2023 JLMA, where such consultation in open session would adversely affect the negotiating and litigating posture of the Town Do I have a second? Council Member Cummings: Second Mayor Burk: Seconded by Mr Cummings All in favor? Members:Aye Mayor Burk: Opposed?All right, at this point then the public must leave the room I know you're sad to have to go, but[laughs] Council convened in a closed session at 8:38 p.m. Council convened in an open session at 9:08 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 member's knowledge, only public business matters lawfully exempted from an open meeting requirement 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 the Council Mr Wilt? Council Member Wilt:Aye Mayor Burk: Mr Bagdasaran? Council Member Bagdasarian:Aye Mayor Burk: Ms Nacy? 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:And Ms Burk, aye Vice Mayor Steinberg: So moved Mayor Burk: Do I have a motion to adjourn? Second? Council Member Nacy: Second Mayor Burk: Second by Ms Nacy All in favor? Members:Aye Mayor Burk: Opposed?We are adjourned Page 26 I April 11, 2023