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HomeMy Public PortalAbout2024_04_23_Council_Agenda_Packet TOWN OF LEESBURG Town Hall, 25 West Market Street AGENDA Town Council Meeting April 23, 2024 7:00 PM Council Chamber 1. CALL TO ORDER 2. INVOCATION a. Vice Mayor Steinberg 3. SALUTE TO THE FLAG a. Council Member Wilt 4. ROLL CALL 5. MINUTES a. Work Session Minutes of April 8, 2024 b. Regular Session Minutes of April 9, 2024 6. ADOPTING THE MEETING AGENDA (AMENDMENTS AND DELETIONS) 7. CERTIFICATES OF RECOGNITION 8. PROCLAMATIONS a. Leesburg – Daybreak Rotary Club Day (David Jones) MOTION I move to approve the Proclamation for Leesburg - Daybreak Rotary Club Day be proclaimed at the April 23, 2024, Town Council Meeting. b. Arbor Day – April 27, 2024 (Noble Atkins) MOTION I move to approve the Proclamation recognizing April 27, 2024, Arbor Day be proclaimed at the April 23, 2024, Town Council Meeting. c. Drinking Water Week - May 5-11, 2024 (Amy Wyks) MOTION I move to approve the Proclamation recognizing May 5-11, 2024, Drinking Water Week be proclaimed at the April 23, 2024, Town Council Meeting. 1 -2- 9. PRESENTATIONS a. Planning Commission – 2023 Annual Report (Planning Commission Chair Gigi Robinson) 10. REGIONAL COMMISSION REPORTS 11. PETITIONERS 12. APPROVAL OF THE CONSENT AGENDA a. Microsoft M365 License Agreement and Purchase from CDW-G RESOLUTION Authorizing the Town Manager to Execute a 3-year Microsoft M365 License Agreement and to Purchase M365 Licensing from CDW-G b. Enterprise Video Management System Upgrade RESOLUTION Award a Contract for the Upgrade of the Enterprise Video Management System to Siemens Industry in the amount of $572,373.27 13. RESOLUTIONS / ORDINANCES / MOTIONS a. Adopting Proposed Scope of Work for Performing Arts Center Business Plan RESOLUTION Adopting Proposed Scope of Work for Performing Arts Center Business Plan b. Private Property Mural Project at Leesburg Premium Outlets RESOLUTION Approval of an Art Mural by Leilani Romero, under the Private Property Mural Pilot Program, to be Located at the Leesburg Premium Outlets and Fully Funded with Private Contributions 14. PUBLIC HEARINGS a. TLZNOA2023-0007 B-1 Parking Lot Standards ORDINANCE Amending Leesburg Zoning Ordinance Article 11 Parking, Loading and Pedestrian Access for the Purpose of Revising Parking Lot Standards in the B-1 District 15. UNFINISHED BUSINESS 16. NEW BUSINESS 2 -3- 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS a. Future Council Meetings and Agenda Topics 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS 19. TOWN MANAGER COMMENTS 20. CLOSED SESSION 21. ADJOURNMENT ASSISTIVE LISTENING SYSTEM Qualified individuals with a disability who require a reasonable accommodation to attend and/or participate in this meeting should contact the Clerk of Council at eboeing@leesburgva.gov or 703-771-2733 to request the accommodation. Three days advance notice is requested. Meetings are broadcast live on the Town’s local government access cable TV channel (Comcast 67 and Verizon 35) and streamed live on the website at www.leesburgva.gov/webcasts. All Town Council, Board and Commission meetings are recorded and can be found on the Town’s Web site at www.leesburgva.gov. 3 -4- REGULARLY SCHEDULED COUNCIL MEETINGS Citizens are invited to attend and participate in Town Council meetings. The petitioner’s portion of the meeting and scheduled public hearings offer the public two opportunities to present its views to the Council during its meeting. Petitioners The petitioners’ portion of the Council agenda is the first item addressed by the Council following proclamations, certificates of appreciation, regional commission reports and presentations. This part of the meeting gives individuals the opportunity to address the Council on any matter not scheduled for a public hearing. Prior to the meeting, citizens wishing to speak should sign up on the Town’s Web site at https://www.leesburgva.gov/government/mayor- council/current-council-agenda by 4:00 p.m. the day of the meeting or on the signup sheet in the hallway outside of the Council Chamber the night of the meeting. The Mayor will give anyone the opportunity to speak that did not get a chance to sign up. Petitioners’ comments are limited to between three and five minutes at the Mayor’s discretion. Public Hearings Certain Town business items can only be conducted after the Town Council holds an advertised public hearing. Certain major issues affecting the Town’s government can also be scheduled for public hearing at Council’s discretion. Adoption of the Town budget, rezonings, special exceptions and amendments to the Town’s subdivision and zoning ordinances all require a public hearing. Prior to the meeting, citizens wishing to speak at a public hearing may sign up on the Town’s Web site at https://www.leesburgva.gov/government/mayor-council/current-council-agenda by 4:00 p.m. the day of the meeting or on the signup sheet in the hallway outside of the Council Chamber the night of the meeting. The Mayor will give anyone the opportunity to speak who did not get a chance to sign up. Public hearing comments should be limited to the topic of the public hearing and speakers will be given between three and five minutes at the Mayor’s discretion. If you wish to speak at more than one public hearing, you must sign up for each hearing separately. Decorum A person addressing the Council as a petitioner, or during a public hearing, should advance to the podium when recognized by the Mayor and state and spell his or her name for the purpose of closed captioning. If comfortable doing so, speakers should provide their address for the record. Persons should also indicate whether they are representing anyone other than themselves. Decorum will be maintained. Statements, which are demeaning or defamatory to members of the public, the staff or the Council, are inappropriate and out of order. OTHER COUNCIL MEETINGS Work Sessions Council meets twice per month, or more often as necessary, to discuss items that are placed on the agenda at the desire of the majority of Council present. Items are typically discussed at a meeting at least two weeks into the future but items may be added in a shorter time frame in accordance with Council’s adopted rules and procedures. Closed Sessions Under certain circumstances, the Virginia Freedom of Information Act permits the Town Council to meet in a session where the public is excluded. This may be a discussion of personnel matters, legal matters, the acquisition or sale of property and other selected topics. The Council can only go into closed session to discuss topics specifically exempted from the open meeting requirements and all closed sessions must be properly noticed and appropriate Code sections cited as to the specific statutory authority to go into closed session. The notice must also include the general topics to be discussed. Only those matters in the adopted motion to go into closed session can be discussed and members in attendance must certify that only those topics were discussed when they return to an open session. TOWN COUNCIL AGENDA MATERIALS Council agenda materials are available to citizens by end of day Wednesday immediately preceding the set of Council Meetings. Council agenda materials are posted to the Town Web site at https://www.leesburgva.gov/government/mayor-council/current-council-agenda. Meeting agenda packets are available for public inspection in the lobby of Town Hall on Wednesdays prior to the scheduled meeting. Council agendas can also be viewed on the Town’s Web site at https://www.leesburgva.gov/government/mayor- council/current-council-agenda. 4 Council Work Session April 8, 2024 1 | P a g e Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Todd Cimino-Johnson, Zach Cummings, Kari Nacy, Vice Mayor Neil Steinberg, Patrick Wilt, and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Deputy Town Attorney Christine Newton, Deputy Town Manager Keith Markel, Chief of Police Thea Pirnat, Airport Director Scott Coffman, Public Works and Capital Projects Senior Engineer Karin Franklin and Clerk of Council Eileen Boeing. Minutes prepared by Deputy Clerk of Council Lyndon Gonzalez. AGENDA ITEMS 1. Items for Discussion a. Leesburg Police Department – 2023 Crime Report Leesburg Police Chief Thea Pirnat presented Council with the 2023 Crime Report. The report highlighted the number of calls for service received in 2023 and broke them into two categories. While there was an increase in calls since 2022, the numbers are still below the pre-COVID calls. Council and staff discussed the item. No further action requested by Council. b. Airport Traffic Control Tower Mr. Scott Coffman gave Council an update on the development of the new air traffic control tower and provided a timeline for when the Siting Study would be completed. It was reported that there has been a 61% increase in air traffic over the last five years and is driving the need to keep a control tower at the airport. After Federal and State funding, it is projected that the Town will be responsible for approximately 2% of the cost of the control tower. Council and staff discussed the item and what limitations the Town can place on the Airport. Staff will counsel with the FAA and the Town’s outside counsel to be prepared to discuss the restrictions at the joint work session with the Airport Commission on May 8, 2024. 2. Additions to Future Council Meetings a. Proclamation Requests i. A proclamation request was received to proclaim Leesburg – Daybreak Rotary Club Day at the April 23, 2024, Council Meeting. 5 Item a. Council Work Session April 8, 2024 2 | P a g e It was the consensus of Council to add this proclamation to the April 23, 2024, Council Meeting agenda. ii. A proclamation request was received to proclaim April 27, 2024, Arbor Day in the Town of Leesburg at the April 23, 2024, Council Meeting. It was the consensus of Council to add this proclamation to the April 23, 2024, Council Meeting agenda. b. Future Council Meeting and Agenda Topics Mayor Burk asked for a consensus from Council that remediating the Liberty Lot site was a consideration. It was the consensus of Council that a request to remediate the site would be considered. Mayor Burk requested Council consider holding a joint meeting with the Planning Commission to hold a joint Public Hearing to consider the Zoning ordinance text amendment initiated at the April 9, 2024, Council meeting. It was the consensus of Council to hold a joint Public Hearing on May 2, 2024, with the Planning Commission to consider the proposed amendments. Council Member Cummings requested information, prior to the joint meeting with Council and the Airport Commission on May 8, 2024, on what is allowed or not allowed to be built at the airport. It was the consensus of staff to incorporate this into the May 8, 2024, work session with the Airport Commission. Vice Mayor Steinberg requested Council consider a supplemental funding request of $43,000 for the Leesburg Performing Arts Center Business Plan by Webb Management be added to the April 9, 2024, Council meeting for approval. It was the consensus of Council to add this to the April 9, 2024, Council agenda. Vice Mayor Steinberg requested Council consider initiating a Zoning Ordinance text amendment to allow data centers by Special Exception in all zoning districts be added to the April 9, 2024, Council agenda. It was the consensus of Council to add this to the April 9, 2024, Council agenda. 6 Item a. Council Work Session April 8, 2024 3 | P a g e 3. Adjournment On a motion by Vice Mayor Neil Steinberg, seconded by Council Member Cummings, the meeting was adjourned at 8:22 p.m. Clerk of Council 2024_tcwsmin0408 7 Item a. Page 1|April 8, 2024 April 8, 2024 – Leesburg Town Council Work Session (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: [inaudible] Tonight's Town Council Work Session of April 8, 2024. Our first item tonight is the Leesburg Police Department Crime Report. Thea Pirnat: Good evening, Madam Mayor and Members of the Town Council. To start off the crime report, I'm first going to go over our calls for service for 2023. We had a solid increase of 43,160 calls as compared to our 2022 numbers where we only had 33,811 calls. We are still below our pre-COVID call volume, though, so this is not very alarming. Additionally, you will see in the next slide many of these calls are the result of proactive police work. Here's our top 10 calls as initiated by the community on the left. Then you have the top 10 calls our officers initiated on right. You'll see on the left the community member-initiated calls, the top 10 totaled to 8054, but our officer-initiated calls total 20,895. A majority of these officer-initiated calls are quality-of-life issues addressing things like traffic, parking violations, and extra patrol requests that we receive. All right, before I get into this very busy table and the following very busy tables, I'm going to explain to you a little bit the methodology here. The second to last column is the percentage change from 2022 to 2023. The very last column is the percentage change when you take the three prior years 2020 through 2022, and their average as compared to 2023. Because I think that's a better way to actually track a potential trend. Now, the percentages are there for everything, but the ones you really want to pay attention to are the green and the red. A green number is a statistically significant change downward, which is good. Where red is going to be the opposite, that's going to be a go up, that's going to be bad. If it's in black, that's because it's a single-digit crime, and there's really not enough of a sample to really consider a percentage increase or decrease, or it could be that there's just not a statistical change. Our crimes against persons, I do want to draw your attention to the category of forcible fondling or sexual assault, we had a 29% drop in 2023 from 2022, but when you look at the three-year average, we're actually at a 20% increase. Now, 2020 does skew some of our crime data because it was an anomaly due to the fact that you had less contact between people. I also want to note that in certain crime categories, and this is certainly one, that an increase here could be just an increase in reporting and not the actual incidents. In the case of sexual assault, we've had a lot of media interest and a lot of education. I think that it has generated a lot of extra reporting due to the awareness, and that's not necessarily a negative thing. The areas that have been consistently increasing over the last few years when you look at the three- year average are aggravated assaults, which is up 13%, simple assault which is up 20%, and intimidation, which is up 30%. When you look at our crimes against property, we've had an increase in destruction vandalism type cases up 23%. I'm just going over the three-year average comparison. The extortion blackmail is up 48%, which you can thank social media apps for that increase. That's where we are seeing a lot of that. False pretense is up 72%, that's often the crimes we see with gift card scams or Bitcoin scams. Shoplifting has a significant increase with 59% over the previous three- year average. Theft from motor vehicles also increased 51% over the previous three-year average. Impersonation is going up at 50%, but still below pre-COVID numbers. Just for comparison, in 2019, we did have 41 of those cases as compared to the 27 cases we had last year. We had notable declines in credit card fraud, that's down 17%. Wire fraud, which is down 16%. Robbery, which is down 44%. Theft of motor vehicle parts down 7%. Then other larceny types are also down 7%. Crimes against society. We certainly had some increases here, drug violation is up 27%, and drug 8 Item a. Page 2|April 8, 2024 equipment violations are up 62%. We are seeing issues with the vape pens, or the vape pens are in the hands of minors, which is why you're seeing these offenses here. In some cases, they are laced with THC or marijuana-type substances. That's some of the issues we're seeing. There's also been a substantial increase with weapon law violations. Part of this is due to the schools are very diligently reporting weapons found in the schools now. If a child brings a BB gun or a pocketknife, they're letting us know and it's going to be classified as a weapon law violation by code and that's how we're writing it. That's even in the case of the schools handling the situation administratively due to the child's young age or any other circumstances. The increase in the pornography/obscene material is up 184%, so certainly some that is attributed to our efforts working with the Internet Crimes Against Children Task Force, but also a lot of these reports have to do with juveniles sharing inappropriate pictures of themselves with other juveniles. That's why we're seeing a lot of those as well. I do apologize there is a typo here in the last row, the row with a total group A offenses. The number should read 2149 for 2020, not the 2458, that number was actually from 2019. Overall, the Type A crimes are up 15% in 2023 from 2022. The previous three-year average should read 29% increase instead of 24%. Now our Group B arrest, there's some staggering increases here with the exception of the trespassing offenses most of these offenses are directly related to alcohol or alcohol-related crimes. Group B total arrests have gone up 66% over the previous year, and a total of 111% over this previous three-year average. However, in 2019, the number of Group B arrests was 361. We still have not returned to our pre-COVID numbers, because I know a lot of those percentages are very alarming but please remember we're just recalibrating to what we were. Overdoses have certainly drawn a lot of public attention in recent years, and rightfully so. Every overdose is certainly a tragedy. Our overdoses are down compared to the previous year, we had 30 where we had previously 35 and 36, so that is good news. However, we still had five fatal overdoses last year, which is pretty consistent with our previous two years. All five overdoses did involve adults, three of the five fatal overdoses were linked to opiates. Two of those three are directly contributed to fentanyl. Our crash data here, good news is that we had zero fatalities. We did have a slight increase in crashes last year from our previous year. We had 1469 crashes. PD is property damage only crashes. You see personal injury and then hit and runs the top sector there. These are still also below our pre- COVID numbers of pre-2020. An area of concern, however, is those attributed to alcohol which you saw on our previous slides there. 34 crashes last year we determined to be alcohol related. This is the highest number we have seen since 2018 when we had 36 alcohol-related crashes. Just as concerning is the number of crashes with personal injury involving our pedestrians. In 2023, we had 14 crashes where 21 pedestrians were struck. That's compared to 2022 where we had 9 crashes with 12 struck pedestrians, in 2021 with 3 crashes involving 4 struck pedestrians. We're certainly monitoring that and that's an area concern for our pedestrian safety. Our highest crash locations, probably not a surprise to anyone here, number one location is East Market Street in Leesburg Bypass. Officers responded there were 101 times last year for crashes. Number two was East Market Street at Battlefield Parkway. We responded 91 times for crashes. Third was Edwards Ferry Road in Leesburg Bypass Road. We responded a total of 49 times. Our officers are doing their best to make our roads safer. In 2023, they made 81 DUI arrests, which was a 23% increase from 2022. They issued 3,294 traffic citations, which is up 55% from the previous year. Additionally, they provided 4,034 warnings, which is an increase of 158% from the previous year. Our officers are out there, and they are very active. With that, I will open it up to questions. Mayor Burk: Thank you very much. [inaudible] questions. Mr. Bagdasarian. [inaudible] Council Member Ara Bagdasarian: Yes, please. [inaudible] Do municipalities do client surveys to see how safe people feel [inaudible] do you do that or does any municipality do that? Thea Pirnat: We actually have one online now. We do have a survey, we were asking them how they feel. We did push that out as a press release and people can go online and take that survey. That's 9 Item a. Page 3|April 8, 2024 separate from the survey with some people who have called us and asked for us to respond. We wanted to have more of a general how do you feel, but it's certainly not reaching everyone so we can readvertise that and then we get more feedback. Council Member Bagdasarian: Last year [inaudible] crimes but the data shows something that's different [inaudible] feel or they feel safe. Thea Pirnat: I believe that online survey, we had 94% positive reviews so far. They do feel safe and we are safe. At least we had zero homicides last year which is good news, right? Council Member Bagdasarian: It's good news. Thank you. Thea Pirnat: Your welcome. Eileen Boeing: [inaudible] Mayor Burk: [inaudible] Okay. Is that better? Is that working? Okay. Dr. Cimino-Johnson. Council Member Todd Cimino-Johnson: Thank you, Madam Mayor. Thank you, Chief for the presentation. I guess my first question is, after looking at this, what is the remedy? What do we do that we're not doing now to see these numbers start to go back down? Thea Pirnat: Obviously, alcohol's a big issue. We have a lot of events, and a lot of establishments that are attracting people for those events that include alcohol. That's a factor that we're trying to address. It's not just the events, though. It is local individuals that we're encountering. We routinely lock up people for being drunk in public because we find them passed out on the road, but it has nothing to do with, like I said, any sort of establishments. It's unfortunately individuals making bad decisions. The individual who's been staying-- who's homeless at a bus shelter was actually arrested last night for being intoxicated in a public place. We're seeing that. It's just a matter of services, but they're not always willing to take services. Like I said, where it's across the spectrum there. As far as the pedestrians being struck, that's certainly concerning. I've seen other jurisdictions entertaining things like no right on red. That's something to take into consideration. Council Member Cimino-Johnson: Okay, and based off of this, are you putting together any type of suggestions that we should take up to start to see these numbers come down? Thea Pirnat: What I'm doing internally is our staffing is a lot better. We're actually are looking at starting an evening shift where we're seeing more calls for service between that 3:00 and 11:00 p.m. We'll up our staffing on that, and we're also going to, with that launch, more of a bike team so that there'll be a selective enforcement detail. They won't be tied to being dispatched to calls. We can send them to areas where we know we're having issues proactively and address those. That's something I'm doing internally. As far as suggestions, I'll have to continue to look at that and see what might work. Council Member Cimino-Johnson: Okay, and then I'm assuming the police officers have all seen these statistics? Thea Pirnat: Yes. Council Member Cimino-Johnson: Okay. Thank you. Mayor Burk: Vice Mayor Steinberg. Vice Mayor Neil Steinberg: Thank you. Thanks, Chief Pirnat. What is impersonation, out of curiosity? Thea Pirnat: Impersonation has to do a lot of times with sign-in and pretending to be someone else 10 Item a. Page 4|April 8, 2024 like on a credit card. That's what we see there. Vice Mayor Steinberg: Okay. Thea Pirnat: It's tied to the fraud offenses. Vice Mayor Steinberg: It's okay. Out of curiosity, looking at the statistics for alcohol related crashes, do we yet see, or are we evaluating crashes involving intoxication by marijuana? Thea Pirnat: That is actually an offense category. We had zero arrests for that. It's in the Group B offenses. We did have zero arrests for it. It's a little harder for us to detect obviously, we have to do blood work on someone. We no longer can search vehicles for plain smell, as you know. Unfortunately, yes it's a crash. Do we detect alcohol or do we detect marijuana? So far it's only been alcohol that we're detecting. Not to say that there's not a mix sometimes, but so far-- Vice Mayor Steinberg: Alcohol is by far the greater issue. Thea Pirnat: Yes, most certainly, yes. Vice Mayor Steinberg: Okay, thanks. With the crashes at East Market and Battlefield, now, that's a bypass. Are we talking about, I assume maybe westbound coming off the bypass onto East Market or are we talking about on Battlefield, for example, coming off of Market heading east and trying to, say, cross four lanes of traffic to make a left turn at the light to go to Lowe's? Thea Pirnat: Yes, it's a little complicated because that's going to be the intersection associated. It could be just prior or just after, but it is going to be the eastbound traffic-- sorry, the westbound traffic. Vice Mayor Steinberg: So it's mostly the westbound traffic and we're not seeing a big issue again with cars exiting off of eastbound Market onto Battlefield and then trying to cross those lanes of traffic to make that left turn. Thea Pirnat: We are seeing that as well, yes. Vice Mayor Steinberg: You are? Thea Pirnat: Yes. It just didn't make the top three. Vice Mayor Steinberg: Okay. Well, what would be required there, because that's a pretty short step trying to get off that ramp and then over to the light? Are there any solutions for that? Thea Pirnat: It should not be permitted at all. It should actually be an extended median because there's no way to safely cross that many lanes in that shorter distance because you need to establish a lane change, establish a lane change, and it's just not possible. Yes, that should not be permitted. Vice Mayor Steinberg: Are you suggesting at some point we may have to prohibit a left-hand turn, and do a U-turn further up? Thea Pirnat: I would say yes, you do not want them coming off of Market Street making the right and immediately making the left. They have to proceed straight and find an alternative. Vice Mayor Steinberg: Something to consider. Is that entirely within the purview of the Town? Thea Pirnat: I don't know if you need VDOT for that particular road or if that's a State—or Town owned road. I'm not sure on that one. Vice Mayor Steinberg: Thank you. Mayor Burk: I just had a couple of questions. The number in regard to shoplifting, that's a substantial increase. Is that the organized crime type where they run into the stores in a group and take 11 Item a. Page 5|April 8, 2024 everything off the shelves? The Pirnat: It is organized retail theft. It is not the smash-and-grab that we've seen in some localities. We have not had that here. What we're seeing is more individuals working in twos or threes where they're trying to distract someone that works there while someone else is grabbing the items. They'll hit multiple stores while they're in Town. We've actually just had a conversation, regional conversation the Chiefs did, about what's going on and brought in our Commonwealth Attorneys. They'll hit us, they'll hit Loudoun, they'll hit Fairfax, they'll hit Arlington. They're targeting us. They're actually finding our locations before they even come here. We're seeing them from other jurisdictions. That's a regional thing right now. They're looking at pharmacies right now, it's where we're seeing a lot of thefts, which is a new trend that's come up. We always have the big box stores we certainly see in our outlets, the cosmetics and the fragrances, anything that they can resell, that's what we're seeing is primarily getting struck right now. Mayor Burk: There's nothing you can do about the resale part because that's what makes it attractive to steal all this stuff and then to be able to sell it. Thea Pirnat: We are actually in the process of working with Federal partners on that because that is an issue, so Homeland Security is involved because of the fact that it's a racketeering potentially type offense. We're partnering with them on some options that we can do. That's a regional effort that we're all doing. The new law in Virginia last year that was passed where we could do an aggregate total to make it retail theft is more organized than what if it's just a single shoplifting incident. Mayor Burk: Is there a way to separate this out? Is there a potential number? Is there a way to separate it out to smaller businesses as opposed to the outlet with--? Thea Pirnat: We do have that data. We do track the outlets versus other locations. Even the ABC store, sometimes there's shoplifting there, the gas stations. Those are lot of times the teenagers after school going in and stealing stuff. Yes, we do have that broken down. Mayor Burk: That would be interesting to see it. Thea Pirnat: I can provide that to you. Mayor Burk: The drunken disorderly, is that solely because that's a [inaudible] increase or any of the separate categories, can they be put together? Thea Pirnat: Yes, there's been some merging of categories over the last few years including peeping. Peeping was merged with all other offenses. They've merged several of them. I'm not sure of the reason, but they did do that. That disorderly conduct actually includes the drunkenness. I added that that's not how it actually reads if you were to look at our report, but it includes all that. I want to make sure you were aware of that. It's not just the merging of categories. We certainly see an increase from previous years, but still below what we were in 2019. Mayor Burk: Below the 2019 looking [inaudible], but it is quite a lot. Thea Pirnat: It is a lot. Mayor Burk: Then to back up on what Dr. Cimino-Johnson said, what do you do with this data? What do you do with it as Chief [inaudible]? Thea Pirnat: We obviously use it for our patrol efforts and some of our efforts. Like I said, shoplifting is definitely on our radar, so we are looking at ways to, like I said, partner with our regional partners, share real-time information. The State has actually come out with a program where we'll get more real-time information from them to help us share with other agencies and them share with us. As soon as we get a photo of someone that shoplifted, like I said, in Loudoun County, Fairfax County, they're going to be sharing it with us. We know within days they're going to probably be here. Our Crime Analyst is doing a good job of sharing those bulletins. Those are things that we're doing. 12 Item a. Page 6|April 8, 2024 Certainly, the traffic where we see where the violation or the crashes are, you're seeing increased traffic response there as far as enforcement. That's why you've also seen the increase in proactive numbers where officers are writing tickets and citing warnings for that. Yes, we do use it to target the crimes that we can target, as far as prevention. Mayor Burk: Would you have it categorized Leesburg as the safe Town? Thea Pirnat: Oh, very. Yes. Mayor Burk: Even those [inaudible] Thea Pirnat: Yes, absolutely. Mayor Burk: All right. Anyone else have any questions? Do you have a question? Council Member Zach Cummings: No. Mayor Burk: Thank you very much for your report. It's very interesting. [inaudible] Thea Pirnat: All right, thank you. Mayor Burk: All right. Our next item, Air Traffic Control Tower update. Hello, Mr. Coffman. Scott Coffman: Good evening, Madam Mayor and Members of Council. Thanks for the opportunity to give you a quick update on where we're at with the development of an Air Traffic Control Tower at the Leesburg Airport. I wish I had a much clearer road map, but we're still developing where this tower is going to be. I'll first give you some background on where's the airport at and what's been going on lately. If you live in Leesburg, you've probably seen a lot of airplanes flying over on these busy spring days. Our traffic in 2023 was up to nearly 90,000 takeoffs and landings. I think that's a metric for the airport. That's a 61% increase over the past five years, so the airport's been getting busy. Just this first quarter, the first three months of 2024, up 27%, so some busy days at the airport. Just to give you a background, that's what's driving the need to keep a control tower at the airport and construct an appropriate one. Leesburg has very congested airspace. We have a lot of challenges as an airport. We're not out in the middle of Kansas where we have all this airspace around us. We're in the V of the Dulles runways which is only nine miles from our airport, so our airspace is limited horizontally and vertically. We're stuck below the Dulles airspace. That's why a lot of the planes that you see coming in and out of, mainly southwest Leesburg, are flying low. They're not allowed to go higher into the Dulles airspace. That's where our control tower is important to keep those airplanes separated and on a proper route in and out. It's a congested airport. As I said, we're busier than ever. There's been some days over 500 takeoffs and landings. Another reason for a tower is diverse types of airplanes and diverse types of pilots. Not only does Leesburg got a little Cessna going 90 miles an hour with a student pilot in it, we also have corporate jets coming in at 140 miles an hour all mixing into that same space, all headed to that same runway. That's where the tower is providing a level of safety that the airport didn't have in its first 50 years. Safety is the benefit, efficiency, we talk about efficiency, FAA likes to hear about efficiency, but that's really a byproduct. We want to keep the airport a safe place to operate. This is a graphic that I received from the FAA that I sent to the Board of Supervisors when we were talking about the Village at Clear Springs, which is going to be developed underneath the flight path. You can see all those gray tracks. Those are the tracks that are honestly annoying some of the neighbors that live around the airport. There are a lot of practice touch and goes, that means they're landing, taking off again, going around a circuit and landing again. Then the green and the red are more like your business flights that are flying in and out on a flight plan where they're going to a farther destination. That's one day, that was a 500-plus day. A lot of flying going on at our local airport. We've had a control tower at our airport since 2018. For the first five years, it was under the FAA's NextGen. That's their Next Generation Development Program for 13 Item a. Page 7|April 8, 2024 the FAA. Under the Remote Tower Program, as many of you know, that abruptly ended last May, we leased and installed a mobile Air Traffic Control Tower, which is a lot less of a looker than our remote tower system is. The good news was that the FAA did agree after some pushing by the Town to continue staffing the control tower, keeping our airport safe. One of the provisions of that agreement was that the Town constructs a permanent air traffic control facility. The FAA wants us to build an Air Traffic Control Tower. I think that's important when we talk about grant funding and the eligibility of this tower for grants. We actually started, we moved from the FAA's NextGen research arm into the Federal Contract Tower Program. That was always a long-term goal. We wanted to use the remote tower as the facility, but it was that FCT Program that funds the controllers year in, year out. There's currently six full-time controllers working at Leesburg. There was actually a Federal study that noted that contract towers- these are contract personnel that work under contract with the FAA-much more cost-effective. I think it was over 40% more cost-effective than Federal towers with direct Federal employees, with exactly comparable safety performances. FAA contract moved to Midwest ATC, so all of our controllers changed employers in October, and the tower continues to stay open about 10 hours a day. Karen Franklin from the Town's Capital Projects division and I are working hard to build that new control tower. This is a process as all things Federal and FAA are spending their money. First thing we need to do is identify three candidate sites. That's our Siting Study. It's been underway for several months. We are now in line to participate in what's called a VISTA. It's a virtual reality recreation of a control tower, so to make sure that they can see the ends of the runways and over the buildings and the sun's not going to glare off the roof of the terminal and all these human factor type things. We hope to have that done this summer. It's one of the pieces that's subject to the FAA's schedule and not ours. That's a challenge in scheduling this and giving you a good, clear answer of when things are going to happen. Once the FAA approves the site, we pick a site, they approve it. They conduct a safety risk panel. Safety risk assessments are very much a part of the FAA's process in everything they do. Then the Town has a choice to build where we think it's most appropriate for the airport in the long term. The cost of it. I'll show you in the next slide. We're considering three sites. One is to the right of the airport terminal. That's my preferred site. Site number two is in a grass area towards some of our hangers. That one has more challenges to build because of storm water. There's no roads or less infrastructure there. Then the worst just to kind of fill the placeholder is site three across the airport, next to At Home store on the airport property. That would be the worst. It's in wetlands. It doesn't have a road. That's really what our pricing is based off of too. When you see in your CIP $20 million, that's what we're looking at having to bring in all that infrastructure and build on the west side. Once that Siting Study is done, then we work on an environmental-- something I'm used to doing. I do a lot of the categorical exclusions for the airport. That's an environmental checklist, but if we are building an area that has wetlands or something more environmentally challenging, then I will have to have a contractor--a consultant do an environmental assessment. Even the largest worst-case scenario would be an actual EIS an Environmental Impact Statement. That can take a long time. If we build an exit terminal where we're building on pavement, probably a categorical exclusion which would save some time on the project and money. These two things, the Siting Study and environmental will be reimbursed under a future design grant from the FAA. This is preliminary work. Then we go to tower design and hire an architectural engineering firm that's going to put the tower design together. It's not just the building, it's all the equipment that goes into it. Radios, telecommunications, weather, all those systems are actually probably just as complex as building the structure. Then finally, I'm going to skip ahead. I'm running out of time. I see some yawns. Tower construction. We're expecting it to be three stories plus the cab, which is the working space above. Quite a bit of space that has to go into that building to support the operation, but all that can fit in a three-story tower. Project funding, I think the key thing to tell you is that this is not a project that I think the Town is going to pay for directly 100%. Federal funding is 90%. There's a lot of programs for funding from 14 Item a. Page 8|April 8, 2024 the Federal Government. A lot of it's the Bipartisan Infrastructure Law that was passed several years ago. The state always matches 8% on federal projects, which leaves a 2% share for the Town of Leesburg. Right now, the airport is receiving entitlement funding--let me explain some of the funding programs and I'll answer questions afterwards. Entitlement money means this is dedicated to Leesburg. We are currently dedicated $850,000 a year through 2026. It was a five-year program, and we spent the first year on a north hangers project. We have three-and-a-half because there's a little bit of extra that was put towards north hangers. [beep sound] [chuckles] Can I have another minute and then I'll wrap it up? Thank you. AIP, that's our normal program that funds the airport projects. Then there's two other Bipartisan Infrastructure Law programs that we would like to apply for that would fund the construction of the control tower. Costs. I think the big thing I want to harp on here is the project that's listed in your CIP is $20 million. If it's built next to the terminal on existing land, and we're just building the building, they've given us a ballpark of about half of that, about $10 million. That's why I am being unclear about the total cost of the project because it depends on which site it's going to go on. Schedule, we'll have to have the siting done and hopefully the environmental the remainder of this year. That'll put us in position to go to design. I'd like to apply for bipartisan infrastructure entitlement for money for the design. It's much more flexible on when they'll grant us the money. Some of those other programs open up only once a year. I think that's my time. Mayor Burk: Thank you. Scott Coffman: Thanks. Mayor Burk: Does anybody have any questions? Scott Coffman: Did I cover it all? Mayor Burk: Vice Mayor Steinberg. Vice Mayor Steinberg: Thank you. Thanks, Scott. I'm still not clear on the difference between the Contract Tower Program and FAA towers. Scott Coffman: If you go to the control tower at Dulles Airport has FAA Federal employees working it. The tower at Leesburg has contractors working for it. The FAA contracts out to three different companies that divvy up the US. The controllers at our place work for Midwest ATC. It's a company. Vice Mayor Steinberg: Okay, thanks. [laughter] Just out of curiosity, they shut down our virtual tower, but they're going to test our whole design virtually. Is that correct? Scott Coffman: [laughter] That's correct. Vice Mayor Steinberg: Okay. Always interesting. I guess there's no hope for us to getting-- that was closed down so we can free up our airspace, right? No, okay. Thank you. Scott Coffman: In all seriousness, I'd love for Dulles to raise their airspace to give the planes over Leesburg a little more altitude as they're coming in and out over. [crosstalk] Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: Thank you, Scott. Just a couple of quick questions here for you. The mobile control tower that's currently in operation, is there a duration on how long that will continue to 15 Item a. Page 9|April 8, 2024 operate? Scott Coffman: The agreement with the FAA was for us to build a tower within five years, which is pretty much what the schedule is looking like. Hopefully, we get ahead in some places. We know some places are probably going to take a little longer in that process. Council Member Bagdasarian: If it took six years, would we have an issue with that? Scott Coffman: I think we'd have go back to the FAA because we actually have an agreement with them to build a tower within five years. It's a little frustrating because a lot of the timelines are their control, not ours. Council Member Bagdasarian: If you could just refresh my memory as well, what is contributing to the increase in air traffic that we've seen over in last four or five years? Especially the last couple of years, it seems. Scott Coffman: COVID changed everything. I think when COVID first occurred, our traffic spiked. I think there were more flights at Leesburg than there were at Dulles for a short period of time. I think a lot of personal people went to aviation. It had already been trending up because of the pilot shortage and people wanting to learn to fly to move to airline careers. We see that still today. ATP is one of the nationwide schools that trains people for the airlines. They're at Leesburg and they're flying quite early in the morning, unfortunately. Council Member Bagdasarian: Is that trend going to continue in 2024 based on what we've seen in Q1 this year? Scott Coffman: I think our traffic will continue to increase. Right now, the airport is full. The Inn is full. I have a waiting list for both hangars and for parking spaces, so we're not adding airplanes to the airport. Council Member Bagdasarian: Thank you. Mayor Burk: That gives me the opportunity to talk about flight schools. If you look at the map the majority of the flights are flight schools. Scott Coffman: Yes. Mayor Burk: [inaudible] Can we give them a time that they can't start before 7:00 and they have to be done by 9:00? Scott Coffman: It is a challenge, and it's something that Kaj and Chris Spera, the Attorney, and I are working on with outside counsel. There are airports that have successfully implemented that, but usually, they're geared towards regulating jet traffic. A lot of the Federal laws about aircraft noise are applicable to jet traffic and not flight schools. They just don't even recognize that a little two-seat airplane is a noise issue, but it obviously is at Leesburg and other cities in the U.S. There's a Town, Rocky Mountain, out by Denver, 280,000 flights a year, most of them flight training. Their government and citizens are also having the same struggle with this huge increase in traffic. Mayor Burk: [inaudible] that we couldn't say to the flight schools, you cannot start before 7:00. You cannot continue after 9:00. Scott Coffman: I want to, and we have put out voluntary noise abatement guidelines, and we ask all of our schools to do that. Mayor Burk: It's not working. Scott Coffman: It's not working. One of the things, I'm looking at a lot of other airports to see what are they doing because the FAA, they really tie our hands on what we can do. We can't single out a certain type of flying, like flight training. You have to regulate it all. The airport in Florida, that is 16 Item a. Page 10|April 8, 2024 Naples, has long had a big noise problem. They're right in the middle of their community. They call out the violators. Here's the planes that were violating the curfew. Here's their addresses. Here's who is doing it. It calls them on the spot. I don't know that that's super effective, but it's one way that they're combatting--getting compliance with their curfews, in particular. Mayor Burk: It would be better than moving out of [inaudible]. Scott Coffman: Yes. Mayor Burk: Right now [inaudible] but they're not seeing any results. Scott Coffman: Evergreen Meadows is in a- Mayor Burk: Yes, it is. [crosstalk] Scott Coffman: -it's in a spot. Mayor Burk: I guarantee they're going to approve it [inaudible], except they'll be in the County, so they have to deal with it. Can we--right now, we have how many flight schools? Scott Coffman: There's five. Mayor Burk: Can we limit the number of flight schools? Scott Coffman: You cannot, but there's no space in the Inn, kind of situation. Mayor Burk: You can't have any more than five. I understand that. Scott Coffman: You can tell me, "Scott, don't go build more ramps for more flight schools, and then there won't be more planes." Mayor Burk: [inaudible] There's no way-- right now we're limited to five, but we can't get them down to three or two. Or? Scott Coffman: I will have to get back to you when I talk to the Town Attorney because the FAA regulates the airport business activity and how we don't economically discriminate. Mayor Burk: [inaudible] Scott Coffman: I don't know if I want to speculate up here on the podium. A lot of our traffic is flight training at the airport. Mayor Burk: Is there an economic impact? Scott Coffman: Of course, to those schools, those businesses. Mayor Burk: [inaudible] Scott Coffman: Yes, they all buy fuel. There's a financial impact to the airport. I don't know. I think that's great for our future discussion. [laughter] Mayor Burk: Okay, we'll have it. The control tower, if that were to come in place, would that allow the planes to be higher when they take off or will they still be limited by Dulles airspace? Scott Coffman: The control tower will not change the airspace of the airport from what it is today. Mayor Burk: Somehow, we've gotten ourselves into this predicament of allowing houses too close to the airport, and [inaudible] it's going to be more and then having now to review that is what you are saying. 17 Item a. Page 11|April 8, 2024 Scott Coffman: It is a challenge. I look at a lot of case law on other airports that have tried, a lot of them are very similar to our airport. There's an airport, I don't remember where on the West Coast, that tried to fine people planes for making early left turns, just like over the Evergreen Meadows, and the FAA shut them down. There's an airport also in California that tried to put in curfews, like hard fast curfews, not the voluntary stuff, and the FAA shut them down. They didn't meet their criteria. It is a hurdle to get over. I want to work with Chris and our outside aviation attorney to see can we get past those hurdles. Mayor Burk: [inaudible is something we can do. We ought to look at doing that in your discussions. Right? Oh, Dr. Cimino-Johnson, you have questions now? Council Member Cimino-Johnson: Yes, thank you, Madam Mayor. Thank you, Scott, for your presentation. Piggybacking off what the mayor was saying, is there any way we can charge a fee if they take off between these hours as opposed to, say between 9:00 to 5:00 it's nothing, but after five o'clock in the evening until nine in the morning, it's a $100 every time you take off. Scott Coffman: I can look into that. I don't have all the clear answers because the FAA requirements are so cumbersome. I wish I did have a very clear map of how far our boundaries can go. A lot of municipalities have pushed their boundaries, like I just gave you some examples, and the FAA tends to push back. The FAA puts so much money into the airport. They want it to be available and open for public use without discriminating, whether you're a flight school or a jet operator, and they leave it on the municipalities to regulate the land use and not build homes around the airport. Which is why we've spent so many evenings in Board of Supervisors chambers opposing yet another thousand homes under the flight pattern. Council Member Cimino-Johnson: Then when are the leases up on these flight schools at the airport? Scott Coffman: It varies. None of them is longer than five years. Council Member Cimino-Johnson: Who controls the price? Scott Coffman: The Town. Council Member Cimino-Johnson: We could jack it up a thousand percent if we wanted to if we wanted to get rid of a flight school? Scott Coffman: Again, back to the FAA, and I can send you some of the language so you can see what we have to deal with is you can't economically discriminate against one particular company. It's supposed to be a level [crosstalk]. Council Member Cimino-Johnson: We also need to make money for the airport so we could raise the rent. I mean, that's legal. Scott Coffman: Yes. The airport's required to charge reasonable rates and establish a system of reasonable rates and charges. I don't know that you could actually price them out. I think the FAA would say that you're economically discriminating against this class of business. Council Member Cimino-Johnson: What is the estimated high and low cost of the tower to the Town? Scott Coffman: The high cost's at $20 million. I'm going to grab Karen from capital projects if you don't mind. Karen Franklin: Yes, we're not done with the Siting Study, so we don't have those numbers yet. Giving you numbers is only going to mean we're giving you a number that may not be right. Council Member Cimino-Johnson: That's fine. I can use an estimate, right now. 18 Item a. Page 12|April 8, 2024 Karen Franklin: The high end is what you see in your CIP right now. We're very hopeful that we won't be higher than that number and we're actually feeling a little bit more confident that we're going to be lower than that number. Whether it's all the way down to $10 million, again, we don't know that answer yet, so to tell you that we hope it's going to be $10 million, that's probably lower than I would feel comfortable telling you right now. I think in the fall when we get the Siting Study done and we know where we're landing, we're going to have much better numbers for you. Mayor Burk: [inaudible] landing. Karen Franklin: I didn't realize. Council Member Cimino-Johnson: When you say $10 million, you mean $10 million to the Town or $10 million total for the project? Karen Franklin: Yes, total cost. Council Member Cimino-Johnson: What's in the CIP? What number? Karen Franklin: $20 million. Council Member Cimino-Johnson: $20 million, and I guess 2% of that would be to the Town. Where's that money coming from? Karen Franklin: That's a good question. Scott was talking about some of the options. We have some money through the BIL that we can use to get us through design if we can't get another source. Then we have several funds that are tower specific that we're going to have to do. I think we'll have to do some lobbying to get high priority to get those funds. If we don't get them one year, then we're waiting until the next year to get the funds potentially to be able to move forward. That's where we're less clear how it's going to land because some of those funds we can only ask for at a certain time of the year. If we miss it by a couple months, we're waiting for the next application cycle to apply as well. We also have other very important projects running concurrently with this one at the airport that we're using our ACIP, the six-year plan that we've already got set that doesn't have the tower funded in it. We're having to look for two pots of money, so to speak. It's a bit challenging for us. Scott, may want to add something. Scott Coffman: Was your question about where's the local match coming from? Where's the Towns? Council Member Cimino-Johnson: Right, I want to know- Scott Coffman: Where's the 2%? Council Member Cimino-Johnson: -are the residents going to be paying for the tower? Scott Coffman: No. Actually, if you look in the pro forma in the back of the budget book, it shows the airport generating a profit not only last year but the next few years that it will help fund those type of projects. Council Member Cimino-Johnson: Thank you. Council Member Bagdasarian: Thank you. Just a couple more questions. I know we have a joint session in the books for discussing the future of the airport, and it's on who used to live right there at Evergreen Meadows. I know 20 years ago when there was only 1 or 2 or 3 flight schools, it was a non-issue. It's really the last couple years, I think, since COVID, like you pointed out, Scott. We see a massive increase in air traffic above the neighborhood, which obviously is of concern. For our joint session, it would be great to see an economic and financial impact by use for the airport so we can make some decisions based on the actual data. What revenue does a flight school generate versus other uses like direct financial impact. I think that would be great for that joint session so we can, especially beforehand. Thanks. 19 Item a. Page 13|April 8, 2024 Mayor Burk: Vice Mayor Steinberg. Vice Mayor Steinberg: Thanks. Yes. Is there any one flight school whose behavior is more egregious than others in terms of noise, or is it pretty much evenly spread across the board? Scott Coffman: No, the Mayor says we're not doing anything, but we are-- Mayor Burk: No, I didn't. I didn't say that. I said the people think you're not doing [inaudible]. Scott Coffman: People, okay. Mayor Burk: I didn't say that. [crosstalk] Scott Coffman: People think we're not doing anything. We are doing things behind the scenes. I am calling out people, particularly on the curfew where it's very cut and dry. If your airplane was out doing those gray circles at 6:45 in the morning, I'm down in your office saying, "What's going on? You guys agreed that you would follow these guidelines to help us get along better with the community." We are following up on those. [laughter] I don't always get direct communication to the residents, but we're doing those things. We created a map. A lot of pilots use an iPad for their charts. They can download a file onto their iPad that shows those neighborhoods in red, so they actually can see where the neighborhoods are. Because sometimes as you're flying the plane, you're not really paying attention to neighborhoods. It's just all trees and homes. We're trying different things and looking a lot at other airports and what they've done. Vice Mayor Steinberg: Just to be clear, even if the budget came in at $20 million, the Town's share would be approximately $400,000. Scott Coffman: I'm not going to come to you and ask you for $20 million for this project. Vice Mayor Steinberg: No, I understand that. That's the 2%. Even at the top-most figure, it's not a staggering sum to the Town. That's almost certainly going to come in at about half of that, or likely. Scott Coffman: Hopefully, if we build on those sites, either next to the terminal or next to the [crosstalk] Vice Mayor Steinberg: Yes, I just don't want people to freak out at the reality of the overall project and then not realize that the Town's responsibility is far less. Scott Coffman: That is a good thing about the airport is that pretty much 98% funding on those Capital Projects. Mayor Burk: All right. Thank you. Again, I didn't say you weren't doing [inaudible]. Scott Coffman: [chuckles] I genuinely worry a lot about the residents at Evergreen Meadows. It's a very difficult problem to solve because they are at the very end of our runway. No matter what we do, there's airplanes that are going to overfly their neighborhood. We're trying everything we can to send planes to the south. We also have to deal with the Federal contract tower that sometimes prioritizes the bigger picture of what Dulles Airport is doing and where to send our planes. I do spend my evenings worrying about how we can help them. I realize it's a bit of a emerging problem for the airport. Thanks. Mayor Burk: I am not saying you’re not doing anything. Okay. I have a request for two proclamations. One of them is that Council Member Cimino-Johnson who wants a proclamation for Leesburg- Daybreak Rotary Club Day. Do I have four head nods for that? All right. Noble Atkins, Urban Forester with Department Public Works and Capital Projects would like to have a proclamation for 2024 for Leesburg Arbor Day, April 27th. Are there four votes for that? All right. That's all I have at this point. Anybody on this side have any future Council meeting agenda items? Nobody here. Anybody on this side? 20 Item a. Page 14|April 8, 2024 Council Member Cummings: I just have one, I make sure, Mr. Bagdasarian brought up having the economic data for the airport before we have our joint meeting. I didn't know if that's something we need get forehead nods on to ask for that memo. Mayor Burk: We can do that. We have four people that would like to have that meeting? That's everybody. Council Member Cummings: Perfect, that's it. Mayor Burk: [inaudible] Vice Mayor [inaudible] Vice Mayor Steinberg: Oh, that's me. I have two things. One, I sent an email to the Council regarding funding for paying for a consultant to do an in-depth study on the performing arts center at Liberty. As I said in the email, the study is designed more for the actual creation of and functioning of a performing arts center and has not a whole to do with whether or not we decide to remediate. As I explained, we have existing funds that were allocated for study to the project group. There are remaining funds in the remediation study. Mr. Keith Markel can probably verify the difference. I think we'll need somewhere between, I don't know, around $5,000 or $6,000 to make up the difference to get to the $53,000 plus, which is the price of the study. Mayor Burk: How much money have we spent on the project so far? Keith Markel: To date, you allocated $30,000 for study money, and you've spent about $20,000 of those dollars to two outside consulting firms to put together reports and studies and analyses. You've got roughly $10,000 left of the $30,000. Then what Vice Mayor is proposing is taking the additional funds that are in that project fund for the remediation study that we did over the past summer to put towards the project study. Mayor Burk: [inaudible] Council Member Patrick Wilt: Just a couple of questions for information. This is a joint private-public partnership. We've allocated some funds, we've allocated staff time, et cetera. Has the private group brought forward any cash to fund these studies and such? Are they putting skin in the game? Keith Markel: I think the biggest thing that they have funded, and I don't know what dollars have changed hands, if any, is that they've done a lot of architectural design and site layout design work using DBI as the architecture firm that's put together the different schematics and different layouts that you saw during the presentations over the past few months. Council Member Wilt: If we proceed with this, does it make sense to do some cost-sharing with the private group? Vice Mayor Steinberg: We could ask. Mayor Burk: That was the intent. We sent out the RFP. Council Member Wilt: Because I haven't seen an update in the last year that this has been going on that the private group has put in any cash to advance this concept which presumably they're going to profit from if we proceed with it. Vice Mayor Steinberg: I don't know that we've ever specifically asked them for the financial outlay that they had put, but I could certainly get you that information. I suspect that privately and individually, they have spent a fair amount of money of their own on this project. We can get that if you'd like. Council Member Wilt: I know we spent additional money just on staff time, which has not been dollarized. I've not seen a report on how many staff dollars we've committed to this in the past year also. 21 Item a. Page 15|April 8, 2024 Keith Markel: To your point about the private side investment and what they might stand to gain, what they're proposing now through the current plan is that the performing arts center will be publicly constructed, publicly financed, and publicly operated, whether that be by the Town or with a third party. They are not, as the current proposal is looking to own or operate any aspect of the [crosstalk]-- Council Member Wilt: No, I understand. I'm talking about there's a hotel proposal and a residential proposal, which are going to be very profitable. I understand. I'm talking about the entire proposal. A second thought is I'm wondering about this has been about a yearlong effort so far, and from the last update we heard, it struck me that with the remediation route, that this is a bit of a money pit with $17 million to throw into remediating that site. If we don't remediate it, it seemed like it was a suboptimal maybe option. Does it make more sense at this point to disassociate this investigation of the utility of a performing arts center from the Liberty Street lot site and make this a more generic investigation for the benefit of the Town as a whole? Vice Mayor Steinberg: I would offer to Councilman Wilt that that's exactly what this conversation is about. There is no hard decision yet on the Liberty Lot. We may well come to the conclusion that the Liberty lot site is not going to be appropriate. There have been conversations about alternative sites. All that aside, we still need more generic information about what this type of operation requires and what it means to the Town. Council Member Wilt: That's fair. I would like to, the Liberty Lot, I think, is a parking alternative for the Town. It's an underutilized asset. I know there's a piece of business coming up shortly to remove parking spaces from South King Street on the street, which reduces parking. I'm about to close my parking lot because Goosecup customers use mine because they're not aware of the Liberty Street parking lot, and there's no entrance from King Street to use it. Moving forward to make that asset more useful to relieve some of the parking issues, is there a timeframe we can put to determine whether this performing arts center will use that site or move on to another site so that asset can be optimized? Mayor Burk: Was there a question? Maybe the way we should go buy in is to see, first off, are there more people that are in favor of paying [inaudible] fee to remediate the site. [inaudible] Would that be okay? Council Member Wilt: Sure. Mayor Burk: [inaudible] Do you have objection [inaudible] Vice Mayor Steinberg: No. Mayor Burk: Are there four people who would be interested in remediating the site [inaudible] at the estimated cost of $16 million? Keith Markel: $17 million on the high side. Mayor Burk: Are there four people who are willing to- Vice Mayor Steinberg: Have a conversation. Mayor Burk: -have that conversation. [inaudible] [laughter] Vice Mayor Steinberg: The reason I say that is because Mr. Markel has been very instrumental in exploring potential outside funding sources. We recognize that where we had more optimistic hopes, those may have been overly optimistic, and yet we do know there are some outside sources for funding that we may qualify for. I would just throw that into the mix of the question and say, "Yeah, I'd be in favor of going forward with that." [laughter] Council Member Wilt: How do we accelerate this? After a year of study, we have some maze. We may qualify for something. 22 Item a. Page 16|April 8, 2024 Mayor Burk: We can get exactly [inaudible]-- Council Member Wilt: I'm wondering about our property taxes. We spent $16 million to remediate 2 acres for a private partnership when we brought up trying to help our property taxes and our utility rates in past discussions. That's a lot of money to be thrown at something. We're concurrently having other discussions about cost of living in Leesburg. Mayor Burk: I guess what I'm trying to is do we have four people that would be willing to get $16 million [inaudible] without being [inaudible] money was coming from perhaps [inaudible]. Are there people that would be interested and willing to commit that money to remediate the site at the Liberty Lot? I'll just leave it at that, unless there's anything you want added, Mr. Wilt, to that motion. Vice Mayor Steinberg: I would just have one comment about that if we're going to take this vote first. Yes, this conversation involving this project has taken longer than we thought. I think that is probably a result or is created by the fact that we weren't aware of all of the moving parts and the complexity of this issue. I honestly think the County is about to find that out in their efforts, except they don't have a remediation situation. We recognize that there was another site that didn't require remediation. This whole project might have a different look. Philosophically, personally, I would be in favor of remediation, but I'm concerned about the more directness of this question lacking what I feel is a complete picture about this site. Because it may become moot if we decide that site is not appropriate for the performing arts center. Then it's up to us to decide if we're going to, with some environmental consciousness, decide we should remediate the site no matter what goes there. Of course, in this discussion, we realize that were we to remediate, it creates extra space. Then when we're talking about parking, that becomes a whole different project. That's why I think trying to answer this question about remediation right now, I don't know that we're ready to do it, is my point. Thanks. Mayor Burk: Do you still want it to go forward, Mr. Wilt? Council Member Wilt: From my perspective, I can answer that question. Mayor Burk: I'm willing to bet there's not four people, I willing to be there’s four people that would accept the $16 million. I'm making that guess. I haven't asked anybody or anything like that. The question on the table is, are there four people that are willing to keep the $16 million in? Let me put it this way, keep the $16 million in the project at this point? Are there four people that are willing to keep that $16 million set aside to find out if we need to remediate the site for whatever reason? Are there four— Vice Mayor Steinberg: Is that a question? Mayor Burk: Yes. Are there four people that would be willing to keep that in place? Raise your hand. Yes. To keep the money in place to remediate it at this point. You're a yes. You're a yes. You're a yes. There's four. [chuckles] Council Member Wilt: Then can we get a projection on getting some clarity on the utility of the Liberty Lot site, seeing that it has been, what, 13 months so far with this study. It feels like we're still at a state of high ambiguity. At what point can we definitively say, "Liberty Lot is a useful asset for this purpose, and we'll move forward," and we'll essentially reserve it for this purpose," or, "It's not appropriate," and then that asset can go on with its current purpose and be optimized for that? Mayor Burk: Do we have an estimate of how long we think this study would go if we had this study in place? Keith Markel: The study that is being proposed-- Mayor Burk: Are we going to get back to [crosstalk] Keith Markel: The one from Duncan Webb Management, that would be looking at the operations of the performance center. Now, I think they have in their scope here looking at three different locations. 23 Item a. Page 17|April 8, 2024 It's not will it work at Liberty. It's more of that philosophical question, I think, Council has wrestled with for some months is, is Leesburg in a position right now where you're really advocating for a performing arts center, regardless of location? Liberty Lot might be the spot for it. We know there are huge challenges with that site. Not the dump being the biggest, but there are a lot of other ones there, too. If that site turned out to not be the site for you, do you still want to see a performing arts center somewhere, some way in Leesburg in the Town limits? If your answer is yes, you would like to continue with that evaluation, then this study helps evaluate two additional sites as well as the Liberty Lot site, as well as the economic impacts and all the cost pro formas of what it would look like a year in the life of a performing arts center for Leesburg, what your investment-- That's that question. Mayor Burk: How long would that take? Keith Markel: The study itself I'm guessing is probably a three to six-month study. You have that-- Vice Mayor Steinberg: He didn’t give us a firm-- Keith Markel: Based on what I'm seeing here, it looks like a three to six-month study. Mayor Burk: Could we say that the report has to be back in six months? Keith Markel: Yes. Mayor Burk: [inaudible] Would that be useful? Council Member Wilt: I think that's legitimate in terms of longer-term planning purposes. I'd, hopefully, get some definition at that point. Because I think we paid for two studies so far, and I'm not sure that brought any clarity to the question that was on the table a year ago. It does seem in terms-- this question, which I just paraphrased, should a performing arts center be in Leesburg at all? We spent a year studying the Liberty Lot as a site for it, and now we're questioning whether we're going to fund another study. It's like should there be one at all? That seemed like that should have maybe been the first question. Keith Markel: I think you’ll find in Louise Stevens' reports, there's a lot of comprehensive data that looks at the market overall. She looked at that site. How do you squeezed and squish everything to fit there? There's also a much bigger conversation about the community needs and impacts on other performance spaces and trying to find that sweet spot of size and design and relationship to existing facilities in the region. There's a lot of good information there. Council Member Wilt: Was that usable or do we have to find a new study? Keith Markel: No, it's usable information. Very usable. Council Member Wilt: What the new study-- Mayor Burk: For that particular site? Keith Markel: For that site, but also in the broader context of how big, how many see that auditorium, the things within a 50-mile radius that would have an impact on what audience do you capture and what performances could you bring in here and looking at those costs. I am hoping, this is a conversation I believe that we're just going to have on Wednesday. I was looking at the scope that's proposed here and see what existing data that Ms. Stevens has already pulled together to hopefully fill in some of the gaps that they don't have to reinvent the wheel, is my hope. Mayor Burk: You can steal it back if you want. Mr. Bagdasarian. Council Member Bagdasarian: Yes. I think that Mr. Wilt's concerns are obviously very founded. Obviously, we need to determine whether or not we're going to do something with the Liberty Street 24 Item a. Page 18|April 8, 2024 Lot. Are we going to remediate or not? I think the original concept obviously was all about, "Let's remediate." We initialize maybe $3 million, approximately, and then we learn that we have to transport it far outside the area, which increases the costs. Being part of this committee, this joint task force we're going to call it, we've been through a lot of different iterations and putting the different pieces of the puzzle together, it certainly has gone from being a Liberty Street project to a broader performing arts center project for the Town of Leesburg. The Louise Stevens' study in 2010, what, I think, 2010 to 2012, really clearly laid out the feasibility of a performing arts center, the need and demand for a performing arts center in Leesburg including Loudoun County, they're looking at one as well. Clearly, the demand is there. We don't need to re- study that. I think at this stage, we've come to a number of different possibilities. I think we're all ready to move to the next stage of this project. Certainly, this other study, I hate using the term study, this analysis of funding sources, how business operations are going to work are going to be key to this, whether it's going to be at that location or other locations within the Town. Yes, ultimately, Liberty Street, are we going to remediate or not? We need to come to decision on that sooner rather than later. Mayor Burk: We just decided. Council Member Bagdasarian: Oh, we did? Where was I? We kept it in the budget. As far as actually moving forward, that's the key thing. Then moving forward with this study, as the Vice Mayor mentioned, the funding for this next project that was brought up is coming from previously allocated funds. I think it's additional $5,000 that would be applied towards this, the current study. Keith Markel: Additional $5,000 applied? Council Member Bagdasarian: The Webb, Duncan Webb study. Keith Markel: We're looking about $43,000 to close the gap of the remaining funds from the study money. I think if you direct us to move in that direction, we'll find the dollars either from the remediation study budget or from some other source. Council Member Bagdasarian: Thanks. Mayor Burk: Mr. Cummings' mumbling over here. Go ahead. Tell us what you think. Council Member Cummings: One quick question. How much are we looking do we need to add for this study? Keith Markel: Right now of the $30,000 you allocate, you've got $10,000 left. We've got about $43,000 of additional money from other Town sources. Council Member Cummings: It's not going to cost $40,000, is it? Keith Markel: The study is a $53,000 study. Council Member Cummings: I went into the wrong profession. [laughter] I have just two comments, not to muddy the waters here but one- Mayor Burk: Go ahead [crosstalk] Council Member Nacy: [inaudible] Council Member Cummings: I will. The Governor signed our parking authority legislation. Do we need to bring that? I know it's not a snap our fingers, and now we have a parking authority. I know there's a lot that goes into that, but part of the idea of going after that was to create an authority that allows us to bond projects and is time now to bring that into the conversation. Keith Markel: I think there are a few more decision points for you before we get to that spot. The real 25 Item a. Page 19|April 8, 2024 push to create the parking authority was to allow the authority to lease the land for the senior affordable housing back when they were originally proposing to build a senior affordable housing on publicly owned parking lot land. The authority would let us do that. If they don't build the senior affordable housing and there's more of a sense from, I think, the group that the senior affordable housing doesn't fit that site, I think some felt that way from probably the start that there's just trying to pack too much onto that 2-acre site, if that component comes out, then the parking authority is less critical because you wouldn't need that to be able to do the lease. Now, if you're looking to finance major capital construction of building parking garages and you wanted to really bring your parking rates up and you wanted to have that installation to have the authority be the agent to do that, then you might want to consider that parking authority. Council Member Cummings: I thought that was why, I didn't remember. Then my last point I'll make, where I am on this whole endeavor is it's feeling less and less, after our last meeting, like a public- private partnership and more just a public project. I have some concerns with that. I'm all for remediating the site there and taking care of the potentially toxic lead and whatever else we've found in that site. I'm concerned with the true nature of this public-private partnership. Then to hear that the county is now looking at a public performing arts center also makes me a little nervous because we should be trying to find a way to work with them on making their project maybe coincide with ours. Hopefully, we can try to bring them into the conversation as well. Mayor Burk: Yes, Mr. Steinberg. Vice Mayor Steinberg: Since this conversation has gotten pretty involved, a couple things. One, since we brought up the Parking Authority, this was something that was recognized early on in our conversation. As you can see, it took us to this point because it had to go through the legislature to get it. We didn't even know if we would have it until a couple of weeks ago. That's a testament, by the way, to Delegate Martinez, not Vice Mayor Martinez, Delegate Martinez, that we got that through. That's a big piece of this puzzle. All of these working pieces have been very complicated. When I mentioned that I'm not sure the County knows what they've gotten into, their project on the surface seems very different from ours. By the way, Mr. Webb who is proposing this assessment of our project is well aware of that and does not see it as a competing interest, by the way. Mayor Burk: By the way. Vice Mayor Steinberg: They're 9 or 10 months down the road in their PPP before they even get start to getting any answers. We have also considered the fact that it's possible the County might want to be involved in some way in the Town of Leesburg. We'll see about that. That's why I say this is a complicated problem, and it's why we haven't arrived at any firm solutions yet. I will take Council Member Cummings' concerns to the next meeting, and we can talk about the shape of the public- private partnership as well. Mayor Burk: That is an important component because that whole thing was we were supposed to give you the property, we would remediate the property, and now it's yours. You create a performing arts center, and it's gotten to where the Town is going to do it. The Town's going to maintain it. The Town is going to run it. I'm not telling Mr. Steinberg anything he hasn't heard from me many times, but I'm most certainly concerned that we haven't gotten to a solution or a proposal at this point. The thing about the parking authority that concerns me, if we take out bonds, the Town is still responsible for those bonds, aren't they? Keith Markel: Yes. Mayor Burk: Which then just makes it even more about the Town as opposed to this partnership thing. I think we've all had time to talk about it. We've agreed that we'll keep the remediation on the table. Mr. Steinberg is asking us if we would approve the $40,000 addition to do a study. I guess I would be okay with that because it's very specific, but as far as I'm concerned, that's it. We have to get the answers from this study, and we got to make a decision. We can't keep doing this. That's where I am at this point. Yes, Mr. Wilt. 26 Item a. Page 20|April 8, 2024 Council Member Wilt: I'll support it. I would like to see a hard deadline- Mayor Burk: We'll put the six months-- Council Member Wilt: -about three to six months. I'd like to see a hard scope item that tells us, yes, no, performing arts center, yes, no, site, yes, no, or like, "It's pretty good. It's terrible." Something more definitive than we've seen, after a year. Mayor Burk: You want the thumbs? You want the thumbs? Council Member Wilt: I'd like smiley face for good, or frowny face, or some sort of chart, but something that's actionable and decisionable. Mayor Burk: Right. Council Member Wilt: I'd like to see the private partnership throw in a quarter of this cost. Mayor Burk: Okay, now I have to know, are there four people that are willing to support adding the $40 million? [chuckles] [laughter] Vice Mayor Steinberg: Absolutely. Council Member Cummings: We almost got a [inaudible] [laughter] Mayor Burk: Whoops. The $40,000 to do the final and comprehensive study on this topic. Are there four people? Council Member Cimino-Johnson: Yes. [crosstalk] Mayor Burk: Total, right? Keith Markel: The total price tag is $53,500- Mayor Burk: Oh, thank you. Keith Markel: -for the study. This would be using the remaining balance plus the $43,000. We'll put this together in a resolution for you tomorrow night for action if this is the direction you want me to go. Mayor Burk: It's $50,000 something. Is that a yes? All right. We got four people for that one, or five people that one. We will move forward on that. Vice Mayor Steinberg: One more thing. Mayor Burk: Get out. Vice Mayor Steinberg: No. Good movie though. I've had a discussion with the head of our Community Development Department and Town Attorney's Office. They prepared some timelines for us. I would like us to consider fast-tracking within the Zoning Ordinance, rewrite all data centers are by special exception, in all zoning districts. Do that immediately. I believe our Assistant Town Attorney has some information for us. Mayor Burk: You're on. Oh, you just turned yourself off. You're on. Christine Newton: Sorry about that. If you have your four head nods, and you were to put an initiating Resolution on your agenda for tomorrow evening and pass that Resolution, your normal 27 Item a. Page 21|April 8, 2024 process would require notice by publication. You don't need placard notice or letters. In order to do your normal process where the Planning Commission has one public hearing, you have another that would look like advertising for a Planning Commission public hearing on May 2nd and for a public hearing for you all on May 14th. There is a way to speed that up slightly by about 12 days if you were to have a joint public hearing, which is possible under the State code and our Zoning Ordinance. That would look like a joint public hearing on the Planning Commission's normal meeting night, May 2nd. Mayor Burk: That sounds reasonable. If we have four people that are interested in doing this. Let's do the first part. Do you have a question? Council Member Cimino-Johnson: I just have a comment. Thank you, Council Member Vice Mayor Steinberg, for bringing this up. I don't know if you saw the map that James David sent to us an hour before our meeting. I live right where all these by-right data centers could go. I know my residents, where I live would not like to see data centers all along that street. Thank you so much for doing this. Mayor Burk: Now, this doesn't preclude it, you know doing a special exemption because it still could get there. Just wanted to make sure you-- Are you asking a question? Council Member Kari Nacy: [inaudible] [laughter] Mayor Burk: All in favor of doing-- Council Member Nacy: [inaudible] four votes. Vice Mayor Steinberg: Are we voting on the general concept here, or are we also voting on-- Mayor Burk: Yes. You're voting on the general concept, and then we'll do the dates, see if you want to do a joint meeting. Vice Mayor Steinberg: Thank you. Mayor Burk: Generally, do we want the data center issue to be a special exemption? That's everybody but Mr. Wilt. The next question is, do we want to have a joint meeting with the Planning Commission, May 2nd ? Christine Newton: [inaudible] Mayor Burk: That will happen [inaudible] --I wonder if I’ll be around May 2nd. Vice Mayor Steinberg: [inaudible] Mayor Burk: That's a Thursday. All right. I asked anybody here on this side, anybody on this side just to-- Is there a motion to adjourn? Vice Mayor Steinberg: So moved. Mayor Burk: Is there a second? Council Member Cummings: Second. Mayor Burk: All in favor? Members: Aye. Mayor Burk: Opposed? All right. 28 Item a. COUNCIL MEETING April 9, 2024 1 | P a g e Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding. Council Members Present: Ara Bagdasarian, Todd Cimino-Johnson, Zach Cummings, Kari Nacy, Vice Mayor Neil Steinberg, Patrick Wilt and Mayor Kelly Burk. Council Members Absent: None. Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town Manager Keith Markel, Assistant Town Manager Kate Trask, Public Works and Capital Projects Director Renee LaFollette, Utilities Director Amy Wyks, Thomas Balch Library Director Alexandra Gressitt, Leesburg Police Captain Jaime Sanford, Deputy Town Attorney Christine Newton, Sustainability Manager Deb Moran, Leesburg Police Dispatch Communication Specialist Chloe Pullen and Clerk of Council Eileen Boeing. AGENDA ITEMS 1. CALL TO ORDER 2. INVOCATION was given by Council Member Nacy. 3. SALUTE TO THE FLAG was led by Vice Mayor Steinberg. 4. ROLL CALL a. All Council Members present. 5. MINUTES a. Work Session Minutes of March 11, 2024 Council Member Wilt was absent from the March 11, 2024, meeting and abstained from voting. MOTION 2024-053 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the March 11, 2024, Work Session minutes were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: None Vote: 6-0-1 (Wilt abstain) b. Regular Session Minutes of March 12, 2024 MOTION 2024-054 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the March 12, 2024, Regular Session minutes were moved for approval. 29 Item b. COUNCIL MEETING April 9, 2024 2 | P a g e 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 c. Work Session Minutes of March 18, 2024 MOTION 2024-055 On a motion by Council Member Nacy, seconded by Council Member Cummings, the March 18, 2024, 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 d. Regular Session Minutes of March 19, 2024 MOTION 2024-056 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the March 19, 2024, Regular Session minutes were moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 6. ADOPTING THE MEETING AGENDA MOTION 2024-057 On a motion by Council Member Nacy, seconded by Council Member Cummings, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS All three proclamations were approved with one motion. 30 Item b. COUNCIL MEETING April 9, 2024 3 | P a g e MOTION 2024-058 On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following was proposed: I move to approve the Proclamations for (1) Child Abuse Prevention Month, (2) Sexual Assault Awareness and Prevention Month and (3) National Public Safety Telecommunicators Week – April 14-20, 2024, be proclaimed at the April 9, 2024, Town Council Meeting. The motion was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 a. Child Abuse Prevention Month Mayor Burk presented the proclamation for Child Abuse Prevention Month to Ms. Debra Gilmore and the LAWS staff who made a few remarks. b. Sexual Assault Awareness and Prevention Month Mayor Burk presented the proclamation for Child Abuse Prevention Month to Ms. Debra Gilmore and the LAWS staff who made a few remarks. c. National Public Safety Telecommunicators Week – April 14-20, 2024 Mayor Burk presented the proclamation to Leesburg Police Dispatch Communication Specialist Chloe Pullen. 9. PRESENTATIONS a. John W. Tolbert, Jr., Environmental Award Mayor Burk and Environmental Advisory Commission Chair Paul Sheaffer presented the 2024 John W. Tolbert, Jr., Environmental Award to Marykirk Cunningham. Ms. Cunningham made a few remarks. b. Environmental Advisory Commission 2023 Annual Report Environmental Advisory Commission Chair Paul Sheaffer presented Council with the Commission’s 2023 Annual Report. 10. REGIONAL COMMISSION REPORTS a. None. 11. PETITIONERS The Petitioner's Section opened at 7:23 p.m. There were no Petitioners wishing to address Council. 31 Item b. COUNCIL MEETING April 9, 2024 4 | P a g e The Petitioner's Section closed at 7:24 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION 2024-059 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the following consent agenda was proposed: a. Acceptance and Appropriation of Grant Funds for Thomas Balch Library RESOLUTION 2024-045 Approving Acceptance and Appropriation of a $5,040 Grant from Loudoun Library Foundation b. Adopting Restated 457(b) and 401(a) Employee Deferred Compensation Plans RESOLUTION 2024-046 Adopting Restated 457(b) and 401(a) Employee Deferred Compensation Plans and Designating the Town Manager to Administer the Plans c. Contract Award for Disposal of Water Treatment Plant Residuals RESOLUTION 2024-047 Award a Contract to Denali Water Solutions, LLC for Residuals Disposal at the Water Treatment Plant in the amount of $243,000 d. Cattail Lane Water Main Extension - Change Order for Design and Easement Acquisition Services RESOLUTION 2024-048 Approving a Change Order in the amount of $68,009 to Whitman, Requardt, and Associates, LLP for Engineering Design and Easement Acquisition Services for Extension of Cattail Lane NE Water Main e. Water Pollution Control Facility – Award of Contract for Replacement of Plug Valves, Flow Tube, and Bypass Pumping Services RESOLUTION 2024-049 Awarding Contract for Replacement of Plug Valves, Flow Tube, and Bypass Pumping Services at the Water Pollution Control Facility to CPP Construction Company in the amount of $184,000 and Authorizing the Town Manager to Execute the Contract and Any Future Possible Change Orders 32 Item b. COUNCIL MEETING April 9, 2024 5 | P a g e f. Supplemental Appropriation for Replacement of Police Department Vehicles RESOLUTION 2024-050 Approving a Supplemental Appropriation for Police Department Vehicle Replacement in the amount of $152,000 from the Current Fund Balance within the Fiscal Year 2024 Adopted Capital Asset Replacement Program g. Supplemental Appropriation for the Compass Creek Annexation and Town Attorney’s Fiscal Year 2024 Operating Budget RESOLUTION 2024-051 Approving a Supplemental Appropriation for the Compass Creek Annexation and Town Attorney’s Fiscal Year 2024 Operating Budget h. Appointment to the Parks and Recreation Commission – Patrick Aragon (Council Member Nacy) RESOLUTION 2024-052 Appointing Patrick Aragon to the Parks and Recreation Commission i. Appointment to the Tree Commission - Tara Holt (Vice Mayor Steinberg) RESOLUTION 2024-053 Appointing Tara Holt to the Tree Commission j. Liberty Lot Funding – Performing Arts Center Study RESOLUTION 2024-054 Approve Supplemental Funding in the amount of $43,000 for the Leesburg Performing Arts Center Business Plan to be Completed by Webb Management k. Initiating an Amendment to the Zoning Ordinance to Require a Special Exception Approval for a Data Center in the PEC and I-1 Districts RESOLUTION 2024-055 Initiating an Amendment to the Zoning Ordinance to Require a Special Exception Approval for a Data Center Use in the PEC, Planned Employment Center District and the I-1, Industrial/Research Park District Mr. Dentler noted to Council the Liberty Lot Funding resolution contained three elements: (1) appropriating $43,000 to add to the remaining $10,000 to fund the $53,000 study; (2) presenting the scope of work at a future meeting to confirm Council direction; and (3) work to be completed within six months of the anticipated May 1 start date. 33 Item b. COUNCIL MEETING April 9, 2024 6 | P a g e The consent agenda was approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk Nay: Wilt Vote: 6-1 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Water and Sanitary Sewer Service Extension - New Loudoun County Government Facilities near Kincaid Boulevard Ms. Amy Wyks presented Council with a request from Loudoun County for a water and sanitary sewer service extension near Kincaid Boulevard for a new 425,000 square foot office building. Council and staff discussed the request. MOTION 2024-060 On a motion by Council Member Nacy, seconded by Vice Mayor Steinberg, the following was proposed: I move to approve the proposed Resolution for conditional approval of water and sanitary sewer extensions for New Loudoun County Government Facilities Near Kincaid Boulevard. RESOLUTION 2024-056 Conditional Approval of Water and Sanitary Sewer Extensions for New Loudoun County Government Facilities Near Kincaid Boulevard The motion as approved by the following vote: Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: Cimino-Johnson Vote: 6-1 14. PUBLIC HEARINGS a. Amendments to Leesburg Design and Construction Standards Manual (DCSM) Articles 2 (Water) and 4 (Sewer) The public hearing opened at 7:33 p.m. Ms. Amy Wyks presented Council with the proposed amendments to the Leesburg Design and Construction Standards Manual, Articles 2 (Water) and 4 (Sewer) and Appendix A due to an immediate need for updates to these sections. Ms. Wyks noted that a larger more comprehensive rewrite involving Public Works and Community Development would be happening in the near future and included on a future Council agenda. Council and staff discussed the proposed amendments. 34 Item b. COUNCIL MEETING April 9, 2024 7 | P a g e Public Speakers: There were no public speakers wishing to address Council. The public hearing was closed at 7:37 p.m. MOTION 2024-061 On a motion by Council Member Cummings, seconded by Council Member Nacy, the following was proposed: I move to approve the proposed Ordinance Amending the Town of Leesburg Design and Construction Standards Manual Articles 2, 4, and Appendix A. ORDINANCE 2024-O-009 Amending the Town of Leesburg Design and Construction Standards Manual Articles 2, 4, and Appendix A The motion as approved by the following vote: Aye: Bagdasarian, Cimino-Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk Nay: None Vote: 7-0 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None. 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Cimino-Johnson disclosed he met with Mr. Peter Kalaris, Mr. Scott Parker and Mr. Patrick Whitehall to discuss Meadowbrook Land Bay F. Council Member Cimino-Johnson requested a work session discussion on how to involve project stakeholders earlier in the process on Town projects. It was the consensus of Council to add this to a future Work Session discussion. Council Member Cummings disclosed he met with Mr. James Graham, Mr. John McBride and Mr. Russ Forno regarding the Brown Safford Leesburg Hyundai application. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Mayor Burk requested staff to provide information regarding what the FAA will allow at the Leesburg Airport before the scheduled May 8, 2024, joint Work Session with 35 Item b. COUNCIL MEETING April 9, 2024 8 | P a g e the Airport Commission. Staff confirmed that the information from the FAA would be obtained prior to the joint Work Session with the Airport Commission. It was the consensus of Council to have this information prior to the joint Work Session with the Airport Commission. Mayor Burk disclosed she had a meeting with Mr. Chuck Kuhns regarding the Westpark site and that he agreed to entirely remove the data center from his proposal. Mayor Burk met with Loudoun County School Board Member Lauren Shernoff and Loudoun County Board of Supervisor Kristen Umstattd to discuss a future town hall meeting to be held May 30 at Ida Lee Park regarding opioid overdoses. Mayor Burk welcomed Spritz to Leesburg and the Village at Leesburg. Mayor Burk attended the Microsoft hearing on March 21. Mayor Burk participated in the Easter Egg Hunt at Ida Lee Park. Mayor Burk participated in a discussion with Senator Mark Warner held at the Middleburg Town Hall regarding mental health. Mayor Burk noted the retirement of the Town’s Finance Director Clark Case and that he will be missed. Mayor Burk attended Cool Spring Elementary’s fourth grade class taught by Ms. Avery where she answered questions on how the Town and Council operate. Mayor Burk attended a town hall discussion regarding adult daycare programs for developmentally delayed and handicapped adults and the need for additional programs and funding. Mayor Burk attended all three Brandon Park playground listening sessions. Mayor Burk delivered the opening remarks for the Central Loudoun Little League. Mayor Burk welcomed Old Dominion National Bank to Leesburg. Mayor Burk will be presenting Mrs. Clem the Council proclamation for former Mayor Jim Clem at his memorial service. 19. TOWN MANAGER COMMENTS Mr. Dentler noted in response to Council Member Cimino-Johnson’s request for a future Work Session discussion that staff has already begun identifying areas for improvement regarding communications with project stakeholders moving forward. These actions can be incorporated into the future Work Session discussion. 20. CLOSED SESSION a. Consideration of an Unsolicited Proposal for Public Land MOTION 2024-062 On a motion by Mayor Burk, seconded by Vice Mayor Steinberg, the following was proposed: I move pursuant to Section § 2.2-3711(A)(3) of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of a discussion regarding the acquisition or disposition of real property related to an unsolicited proposal for public land where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. 36 Item b. COUNCIL MEETING April 9, 2024 9 | P a g e 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 closed session at 7:45 p.m. Council took a recess from 7:45 p.m. – 7:50 p.m. Council reconvened in an open session at 8:16 p.m. MOTION 2024-063 On a motion by Mayor Burk the following was proposed: In accordance with Section § 2.2-3712 of the Code of Virginia, I move that Council certify to the best of each member’s knowledge, only public business matters lawfully exempted from open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed or considered in the meeting by Council. The motion was approved by the following roll call vote: Cimino-Johnson – aye, Cummings – aye, Vice Mayor Steinberg – aye, Nacy – aye, Bagdasarian – aye, Wilt – 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 8:17 p.m. __________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: _______________________ Clerk of Council 2024_tcmin0409 37 Item b. Page 1|April 9, 2024 April 9, 2024 – Leesburg 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: microphone working tonight? Sounds like it. Is it? Okay. I would like to call to order tonight's Town Council meeting of April 9th, 2024. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Nacy will be giving the invocation tonight, followed by Vice Mayor Steinberg giving the Pledge of Allegiance. Council Member Stacy? Nacy? I'm sorry, I didn't know where that came from. I'm sorry. [laughter] Council Member Kari Nacy: Thank you. In light of Child Abuse Prevention Month and Sexual Assault Awareness and Prevention Month, I'd like for us to have a silent moment of prayer and reflection for anyone who may be suffering right now through those things. [pause] Council Member Nacy: Thank you. Mayor Burk: Please stand. [pause] Mayor Burk: Thank you both. Let the record reflect that all Members are here tonight. We have four sets of minutes. We have the work session minutes from March 11th. Do I have a motion to accept them? Vice Mayor Neil Steinberg: So moved. Mayor Burk: Vice Mayor Steinberg. Council Member Nacy: Seconded. Mayor Burk: Seconded by Council Member Nacy. All in favor? Members: Aye. Mayor Burk: Opposed and abstained? Mr. Wilt, you abstain? Council Member Patrick Wilt: Aye. Mayor Burk: You can't, you weren't there. Okay. Okay, 6-0-1. The rest of them you can vote for. The regular session minutes of March 12th, 2024. Do I have a motion? Council Member Nacy: So moved. Mayor Burk: Council Member Nacy. Second? Council Member Ara Bagdasarian: Second. Mayor Burk: Council Member Bagdasarian. All in favor? Members: Aye. 38 Item b. Page 2|April 9, 2024 Mayor Burk: Opposed? That passes 7-0. Work Session minutes of March 18th, 2024. Do I have a motion? Council Member Nacy: So moved. Mayor Burk: Council Member Nacy. Second? Council Member Zach Cummings: Second. Mayor Burk: Council Member Cummings. All in favor? Members: Aye. Mayor Burk: Opposed? That's 7-0. Regular Session minutes of March 19th. Do I have a motion? Council Member Nacy: So moved. Mayor Burk: She's on a roll. Second? Council Member Bagdasarian: Second. Mayor Burk: Council Member Bagdasarian. All in favor indicate by saying, "Aye." Members: Aye. Mayor Burk: Opposed? All right. Adopting the meeting agenda. Do I have a motion? Council Member Nacy: So moved. Mayor Burk: Council Member Nacy. Second? Council Member Cummings: Second. Mayor Burk: Council Member Cummings, are there any amendments or deletions? All in favor, indicate by saying, "Aye." Members: Aye. Mayor Burk: Opposed? That passes. We have no certificates of recognition, but we do have three proclamations. I will read them out and then take them to down on the floor. The first one is National Child Abuse Prevention Month. It says, 'Whereas April is National Child Abuse Prevention Month, calling attention to our moral obligation to protect every child from harm, and whereas at least one in seven children have experienced child abuse in the last year in the United States, and one in 4 girls and one in 13 boys will face sexual abuse before they turn 18. Whereas the trauma of child abuse and neglect has lasting psychological, emotional, and physical impacts into adulthood, and whereas effective child abuse prevention is a community effort, it succeeds because of the combined commitment among health care providers, educators, families, child welfare advocates, and other community, cultural, and faith-based organizations, and whereas Loudoun County Advocacy Center, a program of laws, domestic violence, and sexual assault services, calls upon all community members to promote the social and emotional well-being of children and families, protect children from harm, foster safe, stable, and nurturing environments. Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia recognizes April 2024 as National Child Abuse Prevention Month.' The next one is a proclamation for National Sexual Assault Awareness and Prevention Month, April 2024. 'Whereas April is National Sexual Assault Awareness and Prevention Month, calling out that freedom from all forms of violence, including sexual violence, is a basic human right, and whereas one in four adult women and one in 26 adult men have survived rape or attempted rape, and whereas 39 Item b. Page 3|April 9, 2024 crimes of sexual violence occur far too frequently, go unreported or underreported far too often, and leave long-lasting impacts, and whereas during National Sexual Assault and Prevention Month, we recommit ourselves to removing the stigma surrounding sexual violence, expanding support for survivors of sexual violence, and strengthening our response. Whereas the Town of Leesburg partners with laws, domestic violence, and sexual assault services to support all domestic and sexual violence survivors, regardless of age, gender, identity, ability, or any other distinguishing feature so that all may live free of violence. Whereas at every level, we must work together to provide necessary resources to support sexual assault survivors to reclaim safety and hope for the future and power over their own bodies. Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia recognizes April 2024 as Sexual Assault Awareness and Prevention Month. We join advocates and communities across the Commonwealth and the country in playing an active role to prevent these most intimate forms of violence. Proclaimed this day.' Okay, and then the next one is National Public Safety Telecommunications Week. This one is, 'Whereas when an emergency occurs, the prompt response of public safety officers is critical to the protection of life and the preservation of property, whereas the safety of our community and police officers is dependent upon the quality and the accuracy of information obtained from the dispatch staff in the Leesburg Police Emergency Communication Center. Whereas each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their job, whereas the public safety dispatchers of the Leesburg Police Department have contributed substantially to the apprehension of criminals, whereas public safety dispatchers are the first and most critical contact our citizens have with our emergency services. Therefore proclaimed that the Mayor and the Council of the Town of Leesburg in Virginia declare April 14th through the 20th, 2024 as National Public Safety Telecommunications Week in honor of the men and women whose diligence and professionalism keeps our community safe.' I will take these down. Oh, I'm sorry. Thank you. For the last one? For all of them, okay. Do I have a motion to accept all of these proclamations? Vice Mayor Steinberg: So moved. Mayor Burk: Moved by Vice Mayor Steinberg. Seconded by Mr. Bagdasarian or Mrs. Nacy. Okay. [laughs] All in favor, indicate by saying, 'Aye.' Members: Aye. Mayor Burk: Opposed? Okay, thank you. [background conversations] Mayor Burk: I was questioning some of the wording, sorry. Debra, you're going to accept these? Oh, good. Great. Come on up. I'm taking your name off here on both of these- oh, good. Everybody's going to join us, good -on both of these proclamations, would you first explain who you are, what you do, and why you, in particular, are receiving this? Debra Gilmore: I'm Debra Gilmore. I'm the CEO of Laws, Domestic Violence, and Sexual Assault Services, and I have several of my wonderful staff with me. Mayor Burk: What is Laws about? What does it do? Why are we here? Debra Gilmore: Laws, Domestic Violence, and Sexual Assault Services is the designated provider of domestic violence and sexual assault services for the entire County of Loudoun. As a part of that, we operate a public-private partnership called the Loudoun Child Advocacy Center that provides forensic interviews for children who are alleged to be victims of child abuse and provides support to non- offending parents through all kinds of ways that we parallel. I won't go into all the services, but we provide a comprehensive array of services to all survivors regardless of age and other factors. Mayor Burk: Truly, this is the only service in Loudoun County that deals with these issues of 40 Item b. Page 4|April 9, 2024 domestic violence. I don't think people realize that. Thank you. Would any of you like to add anything? Would you like to say anything? Unidentified Speaker: Sure. Mayor Burk: I can tell you wanted to. Unidentified Speaker: [laughs] Thank you. I just want to thank you all for your support, and a big thank you to all of our community partners, some of whom are sitting in the room who help us make this happen. We can't do the work that we do without the heroes in our community and the support of our community both here in Leesburg and Loudoun County. Thank you so much on behalf of all the children we serve and on behalf of our staff. Thank you. Mayor Burk: Thank you. Truly what you do is very important and we truly appreciate it. I'm going to give one to you and one to you. Thank you all. [applause] Mayor Burk: Thank you, ladies. The next one is Cindy Cain. Oh, Chloe Pullen. Is she here? Oh, there she is. You're back there. Are you a dispatcher with the system? I hope that people realize the important role that you play. Having had the experience of having to call in an emergency and having someone so calm and reassuring is just extremely important. What you do can make a really big difference. Would you like to say anything about what you do and all the other dispatchers and how important your role is? Okay. We'll accept that you understand it and you're very excited to receive this. Thank you. [applause] Mayor Burk: All right. Our next item is presentations. The first one is the John W Tolbert Environmental Award. Environmental Advisory Commission Chair Paul Sheaffer is giving out this award. I'll come down and join you. Paul, how are you today? Paul Sheaffer: I'm doing fine. Mayor Burk: Good. Great. What are we here for? Paul Sheaffer: We are here for the Tolbert Award. The Tolbert Award is going to Marykirk. She is a kindergarten teacher at Douglass Elementary. She's done a wonderful job putting a garden in their atrium. It's a learning experience. You should go to their Web site. There's a couple of videos of it with drone footage. It's just an amazing garden. Mayor Burk: Marykirk? Marykirk Cunningham. You teach kindergarten? Marykirk Cunningham: I do teach kindergarten. Mayor Burk: You got them early. Marykirk Cunningham: I get them early. Mayor Burk: Look at you. You even got a little watering can. That's so cute. I want to give this on behalf of the Town of Leesburg and the Environmental Advisory Commission. We'd like to give that to you to put on your desk and show all the kids that you can get a reward for doing the right thing. Marykirk Cunningham: Thank you very much. Mayor Burk: Would you like to say anything about what you do? 41 Item b. Page 5|April 9, 2024 Marykirk Cunningham: Yes, I would. Thank you. Thank you so much. What I do and what we've done for the last 13 years at Frederick Douglass Elementary School is something that culminated with my father. We've been residents of Loudoun County since before the Civil War. I am really passionate about bringing that love of the outside, the love of community, the love of giving, the love of participation. 13 years ago when Frederick Douglass opened, I made my dad come along, my students and staff, everybody in the community calls him pop. We knew and we had a vision that we wanted to create an outdoor space, an educational space that just didn't feed us academically, but fed us spiritually, emotionally, physically, and that met the needs of every single child, every single family. That not only drew our students and staff families together, but it drew the community together. It is what we call the heartbeat of our school. It's in the interior courtyard, but it is open to everyone. We've given hundreds of tours, hundreds of presentations, just hoping that we touch anybody and everyone, not just with the outdoors, but with each other. I hope you do get a chance to come by any time or check us out on our school Web page. Thank you again. Mayor Burk: Absolutely. The Council is delighted to give this to you. Would you like to say a few more words in regard to it? You got another part, so I'll let you go. Thank you very much and congratulations. [applause] Mayor Burk: Okay. The next course to do too. You are giving the presentation from the EAC. Paul Sheaffer: Thanks for the opportunity. Mayor Burk, Vice Mayor Steinberg, Council Members, I'm Paul Schaefer and I'm the chair of the Environmental Advisory Commission and I'm here to give our 2023 annual report. We normally do this in March but things got delayed a little bit because of travel schedules and other things. This report is a lot like the one I gave in 2022. I don't know if that's a good thing or a bad thing. What does the EAC do? We advise Town Council on policies and issues related to the environment. We promote environmental issues and we try to improve the quality of life of the citizens of Leesburg. Chair's statement. There's a lot of words there. I guess I want to emphasize sustainability. I was really happy to see the Town's new energy policy that has very aggressive but realistic and achievable goals for energy savings. Events that we're involved with, the big one is the Flower and Garden Show. Last year was huge. We talked with hundreds of people. It's a great place to get input from the public. Their biggest issue and the biggest questions they had was about recycling and what can you put in the recycling and what you can't. One of our other big events is the Keep Leesburg Beautiful litter pickup. We did two events last year. Both were successful. We actually had another one last Saturday. I want to thank Vice Mayor Steinberg for helping us staff the booth and for Mayor Burk for preparing a statement. Also like to thank Deb and Renee and James for attending and helping us staff the event as well and take things up and put things down. Last year's Tolbert Award. Normally we give this annual report before we give the next year's Tolbert Award. I'm going to talk to you about the 2022 Tolbert Award which is given in 2023 which is confusing. It was given to Emma Lloyd who's a high school student for her stream monitoring work. She is continuing that work and she actually participated in the litter pickup last Saturday and I had a chance to talk with her. One of our other big issues is recycling. We're continuing to do outreach and recently we provided some new recommendations to Town Council on glass recycling and so hopefully when we negotiate the next contract with the trash pickup company we'll be able to work with you all on coming up with some better policies for recycling. Other stuff we did in 2023, getting the energy conservation and management plan implemented. Worked closely with Deb on a lot of issues. Worked with Town staff on EV charging. Got some stuff started with the Tree Commission on tree planting initiatives that are still ongoing. Started to potentially look at composting and we provided some really good recommendations on data center zoning as well. 42 Item b. Page 6|April 9, 2024 What's new for 2024? Again the recycling. We plan on doing two litter pickup events. The one last week was more successful than I thought. Working to get the energy conservation and management plan implemented and things within the plan like solar power and EV and continuing the work on composting. These are the commissioners. There's only five of us. We really need seven people. It's tough to get stuff done. We all work full-time jobs. Even staffing the booth for the Flower and Garden Show, it's tough with five people. If you all could think of two more members for us, we'd appreciate it. Yes. That's it. Any questions? Mayor Burk: Paul, I do have a question. First off, you have two openings on the commission and you meet once a month on what day? Paul Sheaffer: First Tuesday. Mayor Burk: The first Tuesday. If anybody is available on the first Tuesday that has interest in the environmental, and I'm looking over at somebody. [laughs] Anything environmental or if you know somebody, please get the names to us so that we can get that commission up and fully staffed. The other thing is Keep Leesburg Beautiful began last week but it all month, correct. If somebody wants to participate, they need to just call in to the Town Hall? Paul Sheaffer: Yes. Also, there's a link on the Web site where you can sign up for any given day and the Town staff will prepare the supplies you need, vest, bags, everything. Any time this month, yes. Mayor Burk: Any time this month you can participate and we'd appreciate it. The Girl Scouts, Boy Scouts, any groups, maybe even the Rotary Club would do a pickup, but they either go to the link or call in. They will get gloves, very lovely gloves that you'll want to use forever, and a beautiful vest, I had Zach model it one year, and bags. The bags are orange. You probably have seen them around Town. Paul Sheaffer: Yes. Mayor Burk: Those bags will be, you just leave them there, let us know where you've left them, and they will be picked up and taken care of. Paul Sheaffer: Yes, and this year we have the trash picker-up things. Mayor Burk: We've got picker-uppers, too. Paul Sheaffer: Yes. Mayor Burk: Great. Wow. What more could you ask for? Paul Sheaffer: We can also provide scout badges and we can sign the high school volunteer form paperwork as well. Mayor Burk: Great. All right. I hope we get some more people. It's not done. We need to continue to do it. I have a group that's set to go next week so I hope others will join. Any other questions on this? Paul Sheaffer: I heard there used to be a contest between Town Council and Town staff. Maybe we should bring that back. Mayor Burk: I don't know. We kept beating them, and they quit. That's not true. [laughter] Mayor Burk: Anyway, that's not a bad idea. We'll have to see if Mr. Town Manager will-- [laughs] Anyway, thank you very much. Thank you for what you do. We really appreciate it. All right. That takes us to our Petitioner's section. Let me read this. It's a petitioner's-- One of the first orders of business is to hear from the public and all members of the public are welcome to address the counsel on any item matter or issue. Please identify yourself, and if comfortable doing so, give your address 43 Item b. Page 7|April 9, 2024 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 ask that you observe the three-minute time limit. The green light on the timer will turn yellow when you have one minute remaining. At that time, we would appreciate your summing up and yielding the floor when the bell indicates your time has expired. Under the rules of order adopted by this Council, the time limit applies to all. We have nobody who has signed up to speak to this petitioner's section tonight. Is there anybody in the audience that would like to speak that didn't get a chance to sign up? Seeing no one, I will then close the petitioner's section, and that then takes us to the approval of the consent agenda. The first item is-- First let me have a motion and a second, and then I'll read off and ask if anybody wants anything taken off. Is there a motion to approve the consent agenda? Council Member Nacy: So moved. Mayor Burk: Kari, I mean Council Member Nacy. I'm just really doing it tonight. Just to you. Is there a second? Council Member Nacy: [inaudible] Stacy. [laughs] Mayor Burk: Is there a second? Council Member Bagdasarian: Second. Mayor Burk: Council Member Bagdasarian. Okay, let me read these, and if there's anything you want taken off at that point, we can do that. 12A is the Acceptance and Appropriation of the Grant Fund for the Thomas Balch Library. B is the Adopting Restated 457(b) and 401(a) Employee-Deferred Compensation Plans. C is Contract Award for the Disposal of Water Treatment Plant Residuals. D is Cattail Lane Water Main Extension Change Order for Design and Easement Acquisition Services. E is Water Pollution Control Facility, Award of Contract for Replacement of Plug Valves, Flow Tube, and Bypass Pumping Services. F is Supplemental Appropriations for Replacement of Police Department Vehicles. G is the Supplemental Appropriation for the Compass Creek Annexation and Town Attorney's Fiscal Year 2024 Operating Budget. H is the Appointment to the Parks and Recommission of Patrick Aragon and I is the Appointment to the Tree Commission of Tara Holt. J is the Liberty Lot Funding Performing Arts Center Study. K is Initiating and Approve an Amendment to the Zoning Ordinance to Require Special Exception Approval for a Data Center in the PEC and the I-1 Districts. That is it. Is there any item that anybody would like to have removed? All right. All in favor, indicate by saying, 'Aye.' Members: Aye. Mayor Burk: Yes, sir. Kaj Dentler: Madam Mayor. Mayor Burk: Did I say something wrong? Kaj Dentler: No, you said nothing wrong. I just wanted to make sure on the one item for the Liberty Lot, there were three specific action items that you're approving, so I thought you need to make sure you're aware of those, because if you're not comfortable, then I don't think you should vote on it. You might want to take it off. First, you're appropriating $43,000 from existing funds that we were using for the Liberty Lot remediation study. That will be applied to the $10,000 that we have available to pay for the $53,000 study, so that's first. Second, we will come back to you at the next Council meeting to make sure that 44 Item b. Page 8|April 9, 2024 the scope of work that we're proceeding with is what you want to get done. I know there was discussion last night. I felt that it was important for you to know that and that what you're getting. There was discussion about getting the work done within three to six months, so I placed in there that a six-month basis, assuming that we start on May 1, that we would return to you with the consultant reporting the study to the Council by the second meeting in November so that this Council knows what the results are of that. Again, just want to make sure you knew exactly what you're voting on. Mayor Burk: All right. Is everybody still okay with the items? All right. All in favor, indicate by saying, 'Aye.' Members: Aye. Mayor Burk: Opposed? Council Member Wilt: Nay. Mayor Burk: Okay. That's 6-1. Okay. We have a resolution. Water and Sanitary Sewer Service Extension, new Loudoun County Government facility near Kincaid Boulevard. Amy, are you doing that one? Amy Wyks: Yes. Okay. Would you like a presentation? Mayor Burk: Yes. Okay. Amy Wyks: Good evening, Madam Mayor, Vice Mayor, Members of Council. I'm Amy Wyks, Director of Utilities, here tonight to request approval for a water and sanitary sewer extension to Loudoun County's proposed government building off of Kincaid Boulevard. A little bit of background. The Town currently provides water and sanitary sewer services to the Loudoun County properties that are off of Sycolin Road along Kincaid Boulevard and Crosstrail Boulevard also. These parcels are located within the Joint Land Management Area. The County facilities include Loudoun County Transit, adult detention center, the animal shelter. The County's Engineer, J2, has requested extension of the water and sanitary sewer service per the Town Code. It is a proposed Loudoun County Government facility that is adjacent to the existing facilities, especially the existing animal shelter. Their proposed layout includes multiple buildings with approximately 425,000 square feet of office space. The ultimate design also incorporates a cafeteria according to the plan. This is a sketch here that shows the approximate location next to the existing animal shelter. This is the proposed layout of the multiple buildings that make up that 425,000 square feet. Their request is for 44,000 gallons of water and sewer per day. Based on our review with the current utility plant capacity report, there is no extension of the utility treatment facilities beyond what we've been talking about during the budget and rate study related to the solids upgrade that's in preliminary design at the Water Pollution Control Facility. Per Town Code, the extension of the water and sanitary sewer service is outside the Town's corporate limits. It does require approval of Council. Availability fees will be calculated and charged, if approved, as part of the normal plan review process. We do propose some conditions with the approval. One is obviously to make certain that the payment of the public facilities permit is done prior to the issuance of the County building permit. Previously, when they had the Fire Academy building proposed, one of the other items that we had as a condition for approval, we're just adding it again here, is decommissioning of the existing detention center pump station that's at the adult detention center. That's taking it out of the Town's hands. It was supposed to be a temporary pump station and having them convert it to the gravity that's out there. One other condition that we're recommending is there's a few currently public utilities, which are ours, on their subject property off of Loudoun Center Place that don't have recorded easements. We're looking to rectify that and correct it prior to having the meter set for these government buildings. With 45 Item b. Page 9|April 9, 2024 that, tonight we're here to recommend approval for the County's extension request for Town water and sewer utilities to the new government facility near Kincaid Boulevard. That is the correct motion right there. Mayor Burk: I do have one question. The third on the conditions for approval, the decommissioning of the existing DGS pump station and the rest of it. Who pays for that? Amy Wyks: The County's paying for that. Mayor Burk: The County? They know that, okay. Amy Wyks: Yes, they know. We're working with their team. Mayor Burk: Great. Anyone else have any questions? Do I have a motion? Council Member Nacy: So moved. Mayor Burk: Would you mind reading it? Council Member Nacy: Sure. Mayor Burk: It's up there. Council Member Nacy: I move to approve the proposed resolution for Conditional Approval of Water and Sanitary Sewer Extensions for the New Loudoun County Government Facilities near Kincaid Boulevard. Vice Mayor Steinberg: Second. Mayor Burk: All in favor? Members: Aye. Mayor Burk: Opposed? Council Member Todd Cimino-Johnson: Opposed. Mayor Burk: That is 6-1. Thank you. The next one is a public hearing on the Amendment to the Leesburg Design and Construction Standards Manual, DCSM Article 2 (Water) and 4 (Sewer). Let me read that. It's in here somewhere. One, two, three, public hearing. Okay. This is an amendment to the Design and Construction Standards Manual. I call to order this April 9th, 2024 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 the Council Chamber, but if you didn't get the opportunity to sign up, we'll give you an opportunity to speak. In the interest of fairness, we also ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the end of four minutes, indicating you have one minute remaining. At that time, we would appreciate you summing up and yielding the floor when the bell indicates your time is expired. Under the rules of order adopted by this Council, the five-minute time limit applies to all. However, rather than having numerous citizens present remarks, on behalf of the group, the Council will allow a spokesperson for a group a few extra minutes. In that instance, we would ask speakers when they sign up, to indicate their status as a spokesperson, the group they represent, and their request for additional time. Our procedure for the public hearing is as follows. First, there'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 46 Item b. Page 10|April 9, 2024 five minutes to make their comments. Public hearing item on the agenda tonight is the Amendment to the Leesburg Design and Construction Standards Manual, DCSM Article 2 (Water) and 4 (Sewer). Oh, you again? [laughs] Hello. Amy Wyks: Good evening again. Tonight I'm here to request approval of Proposed Amendments to the Town's Design and Construction Standards Manual, otherwise known as the DCSM, for Articles 2 (Water), 4 (Sewer), and Appendix A. A little background is the land development within the Town is governed by the ordinance of what's known as the SLDR, the Subdivision and Land Development Regulations. The DCSM is incorporated by reference within that SLDR. Tonight staff proposes the amendments that we'll have in front of you, and the DCSM as a part of the SLDR, which is an ordinance, requires the public hearing, which is why we're here tonight. A little bit of background is, back in February we met with ESI, which is the Engineers and Surveyors Institute, to discuss these proposed revisions. We solicited their feedback. We did receive some feedback and updated it accordingly. We then advertised a public hearing for the Planning Commission. The Planning Commission saw this on their March 21st meeting. They do endorse the proposed amendments that we've presented. We've advertised for this public hearing tonight, and tonight we're here at the public hearing to request your approval. A little bit of background on why we're proposing these amendments. Mostly they are to improve the quality of the construction and to bring into compliance the latest industry standards. A lot of what we're proposing is already being completed in the field, as well as what our neighboring jurisdictions require related to construction standards. We're also providing clarification and simplifying administration. There are some facilities and types of construction that's no longer needed or required, so we're deleting those, and then we're incorporating revisions to our actual standards. The proposed amendments are within Article 2, the water. There's drawing revisions. Article 4 includes drawing revision, as well as language to allow a modification for low pressure force mains in the event individual residents are needing those as part of the design process, and then in Appendix A, we have construction standards, and there's revisions for both water and sanitary sewer. Tonight, I'm here to recommend approval of the proposed amendments as outlined. Mayor Burk: Are there any questions on this item? Mr. Wilt? Council Member Wilt: Just one. Amy, the ESI's feedback was incorporated into the revisions? Amy Wyks: Correct. Council Member Wilt: Was there anything the ESI recommended that was not included? Amy Wyks: No. Council Member Wilt: Ok. Thank you. Amy Wyks: Just one side note is, as an overall, Utilities is working with Public Works as well as Community Development to do a complete rewrite of the Design and Construction Standards Manuals, which is more than just water and sewer and articles. That will be a future request of Council to approve working with a consultant to do a complete rewrite. We're looking to do these things in advance of that in order to address these now because we know there are construction standards, things that are being put in the ground with the construction. That's why we wanted to move forward first. Mayor Burk: Any additional questions? There is nobody that has signed up to speak. Is there anybody in the audience who would like to have the opportunity to speak? Seeing none, I will close this public hearing. Is there a motion? Council Member Cummings: I move to approve the proposed ordinance of the amendments to Articles 2, 4, and Appendix A of the Leesburg Design and Construction Standards manual. Mayor Burk: Is there a second? 47 Item b. Page 11|April 9, 2024 Council Member Nacy: Second. Mayor Burk: All in favor? Members: Aye. Mayor Burk: Opposed? That's 7-0. That takes us to disclosures and items for future agendas. Mr. Wilt? Council Member Wilt: None. Mayor Burk: Mr. Bagdasarian? Council Member Bagdasarian: Nothing. Thank you. Mayor Burk: Ms. Nacy? Council Member Nacy: [inaudible] Mayor Burk: Dr. Cimino-Johnson? Council Member Cimino-Johnson: I just have one future Council item I'd like to discuss. I'd like to have a discussion on how we can include stakeholders, citizens, on projects implemented in the Town before we get to the stage of citizens asking us, “Why is this happening?” Can I go back to Brandon Park, the lights along the W&OD Trail. At what point do we need to make citizens aware, and what can we do better in that area? That's what I'd like to talk about at a future work session. Mayor Burk: There's no issue with that? Okay. Did you have a comment? Kaj Dentler: No. Mayor Burk: Anybody else have a comment? Are there four people that would be willing to do that? I think everybody would be willing to do that. Thank you. Is that it? Mr. Cummings? Council Member Cummings: Just one disclosure. On the 29th of March, I met with James Graham, John McBride, Russ Forno on the Brown Safford Leesburg Hyundai application. Mayor Burk: Vice Mayor Steinberg? Vice Mayor Steinberg: I have nothing. Mayor Burk: I do have one item also. I would like to have a follow-up meeting with whatever appropriate staff and our outside counsel on the Airport to talk to us specifically about what we can and cannot do at the airport. As we saw last night, it was very hard to understand what FAA was willing to let us do, what we can do, what we can't do. Before we meet with the Airport Commission, I think it's important for us to know specifically what we can do at the Airport and what we cannot do. Would there be four people that would be interested in having that discussion? We'll follow up with that one. Thank you. Council Member Bagdasarian: Madam Mayor. Mayor Burk: Yes. Council Member Bagdasarian: Would that be before our joint meeting with- Mayor Burk: I would like it to be before the joint meeting, yes. We have that information as we're talking about it. Chris Spera: Madam Mayor, just so you're aware, I've already made the preliminary communication 48 Item b. Page 12|April 9, 2024 with our outside counsel from Kaplan Kirsch & Rockwell, who are nationally recognized aviation and transportation attorneys, and they are working as we speak on that. Mayor Burk: Good. I have a disclosure that on Friday, I had a conversation with Mr. Kuhns about the Westpark site. He has agreed to drop the data center from his proposal in entirety. I met with Lauren Shernoff and Supervisor Umstattd on the 20th to discuss a town hall on opioid overdoses and what it all entails and what's happening. This will be held at Ida Lee on May 30th. On the 21st, we welcome Spritz to Leesburg. They've opened their first East Coast restaurant, and it's in the Village of Leesburg. We also had the Microsoft hearing that night. It was a very interesting process to hear what the different commissioners, who they were and what they were doing. That was very interesting. On the 24th, I participated in the Easter egg hunt. It was probably the coldest Easter egg hunt I've ever attended, but it didn't seem to stop anybody from coming. We had postponed it from Saturday to Sunday, so that was a really great opportunity. On the 25th, I met with Senator Warner. We had a discussion on mental health at the Middleburg Town Hall. They have a beautiful, brand new Town Hall. If you ever get a chance to see it, take the opportunity. On the 28th, we said goodbye to Clark Case. He's been our finance guy for so long, and he will really be missed. What a wonderful gentleman. On the 3rd, I attended Cool Springs fourth grade class with Ms. Avery. We discussed what the Mayor and the Town Council does. What a delightful group of students. Everybody was very attentive and had very hard questions that maybe I really had to go into some description. On the 4th, I attended a town hall at the County government about adult daycare programs for developmentally delayed and handicapped individual adults. At this point, there's not enough places for those people. The whole crux of the town hall was to convince the Board of Supervisors that they needed to fund more adult day programs for disabled. I attended the Brandon Park listening session on both the 4th, the 5th and the 6th. The attendance was sparse, but it most certainly was very-- People were very involved. People had very good ideas. People had very strong ideas, so it was good to listen and hear. On the 6th, I did the opening remarks for the Central Loudoun Little League. I was not able to attend the Leesburg opening. I'm sorry about that, but then I attended the Brandon Park. On the 8th, we welcomed Old Dominion National Bank across from Tuskie's. That's their first bank here, and they started in Tysons Corner, so this is the first one in the area. On the 14th, I will be giving Mrs. Clem the proclamation that we approved for her husband as he was the former Mayor many years ago. That is all I have. Mr. Town Manager. Did I miss you? Council Member Cimino-Johnson: No, you didn't miss me, but I have a follow-up. I have a disclosure that happened today. I met with Scott Parker, Peter Kalaris and Patrick Whitehall to talk about Meadowbrook Land Bay F. Kaj Dentler: I was only going to say Council Member Cimino-Johnson brought up the communications for stakeholders on certain projects. We have recognized that and we've already started internally. We'll be able to certainly provide the discussion, but clearly the last two projects of Brandon Park and Veterans Park, it revealed some weaknesses in our communication. We have a game plan, the staff is working together to pull together. We look forward to sharing that with you. Mayor Burk: Good. Great. We have a closed session for tonight. I will move pursuant to Section 2.2- 3711-(A)(3) of the Code of Virginia, that the Leesburg Town Council convene in a closed meeting for the purpose of a discussion regarding the acquisition or disposition of real property related to an unsolicited proposal for public land where discussion in an open meeting would adversely affect the bargaining position and negotiating strategy of the public body. Do I have a motion? Council Member Cummings: So moved. Mayor Burk: I mean a second? Vice Mayor Steinberg: Second. 49 Item b. Page 13|April 9, 2024 Mayor Burk: Vice Mayor Steinberg. All in favor? Members: Aye. Mayor Burk: Opposed? That passes 7-0. Would anybody like to take a five-minute break before we start? Go ahead. Let's do five minutes. Council convened in a closed session at 7:45 p.m. Council reconvened in an open session at 8:16 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 open meeting requirements under Virginia Freedom of Information Act and such public business matters for the purpose identified in the motion by which the closed meeting was convened were heard, discussed and considered in the meeting by the Council. Dr. Cimino-Johnson? Council Member Cimino-Johnson: Aye Mayor Burk: Mr. Cummings? Council Member Cummings: Yes. Mayor Burk: Vice Mayor? Vice Mayor Neil Steinberg: Yes. Mayor Burk: Council Member Nacy? Council Member Nacy: Aye. Mayor Burk: Council Member Bagdasarian? Council Member Bagdasarian? Aye. Mayor Burk: Council Member Witt? Wilt, sorry. Council Member Wilt: Aye. Mayor Burk: And Mayor Burk aye. Is there a motion to adjourn? Vice Mayor Steinberg: So moved. Mayor Burk: Second. Council Member Nacy: Second. Council Member Cummings: Second. Mayor Burk: All in favor? Members: Aye. Mayor Burk: Opposed? Alright, we’re done. 50 Item b. PROCLAMATION Leesburg – Daybreak Rotary Club Day WHEREAS, the Leesburg-Daybreak Rotary Club has been an esteemed pillar of our community for 34 years, embodying the motto "Service Above Self" in all its endeavors; and WHEREAS, the Leesburg-Daybreak Rotary Club has tirelessly dedicated itself to the noble causes of promoting peace, fighting disease, providing clean water, saving mothers and children, supporting education, growing local economies, and protecting the environment; and WHEREAS, the Leesburg-Daybreak Rotary Club has been an unwavering force for good, touching the lives of countless individuals through its exemplary service and commitment to making Leesburg a better place for all; and WHEREAS, the Leesburg-Daybreak Rotary Club has exemplified the spirit of community through its countless hours of volunteerism, generous contributions, and dedication to the well-being of our citizens. THEREFORE, PROCLAIMED, that the Mayor and Council herby recongize the 34th anniversay of the Leesburg-Daybreak Roatry Club in honor of their unwavering commitment to service and dedication to the values of Rotary International. May we all be inspired by the Leesburg-Daybreak Rotary Club’s example of “Service Above Self” and strive to make Leesburg an even better place for generations to come. PROCLAIMED this 23rd day of April 2024. 2023/012022/07 ____________________________________ Kelly Burk, Mayor ____________________________________ Neil Steinberg, Vice Mayor ____________________________________ Ara H. Bagdasarian ____________________________________ Todd Cimino-Johnson ____________________________________ Zach Cummings ____________________________________ Kari Nacy ____________________________________ Patrick Wilt 51 Item a. PROCLAMATION Arbor Day – April 27, 2024 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; and WHEREAS, this special day, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, trees provide many benefits to our community, such as reducing the erosion of topsoil, moderating temperatures, reducing heating and cooling costs, cleaning the air and water, and they also produce oxygen and provide a habitat for wildlife; and WHEREAS, planting trees and maintaining mature trees in our Town increases property values, enhances the economic vitality of local businesses, and beautifies our community; and WHEREAS, the Town of Leesburg is recognized by the National Arbor Day Foundation as a Tree City USA community since 1989 and desires to continue its tree-planting and maintenance ways. THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg in Virginia that April 27, 2024 is the official Arbor Day of the Town of Leesburg for 2024. PROCLAIMED this 23rd day of April 2024. 2023/012022/07 ____________________________________ Kelly Burk, Mayor ____________________________________ Neil Steinberg, Vice Mayor ____________________________________ Ara H. Bagdasarian ____________________________________ Todd Cimino-Johnson ____________________________________ Zach Cummings ____________________________________ Kari Nacy ____________________________________ Patrick Wilt 52 Item b. PROCLAMATION Drinking Water Week May 5 – 11, 2024 WHEREAS, water is our most valuable natural resource; and WHEREAS, drinking water serves a vital role in daily life, serving an essential purpose to health, hydration, and hygiene needs for the quality of life our citizens enjoy; and WHEREAS, tap water delivers public health protection, fire protection, support for our economy, and the quality of life we enjoy; and WHEREAS, the hard work performed by the entire water sector, designing capital projects, operators ensuring the safety and quality of drinking water, or a member of a pipe crew maintaining the infrastructure communities rely on to transport high quality drinking water from its source to consumers’ taps; and WHEREAS, the coronavirus pandemic has shone a light on the importance of drinking water for health, hydration, and hygiene needs; and WHEREAS, we are all stewards of the water infrastructure upon which current and future generations depend; and WHEREAS, the citizens of our Town are called upon to help protect our source waters from pollution, to practice water conservation, and to get involved with their water by familiarizing themselves with it. THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg in Virginia hereby proclaim May 5-11, 2024 as Drinking Water Week. PROCLAIMED this 23rd day of April 2024. 2023/012022/07 ____________________________________ Kelly Burk, Mayor ____________________________________ Neil Steinberg, Vice Mayor ____________________________________ Ara H. Bagdasarian ____________________________________ Todd Cimino-Johnson ____________________________________ Zach Cummings ____________________________________ Kari Nacy ____________________________________ Patrick Wilt 53 Item c. Council Meeting Date: April 23, 2024 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Planning Commission – 2023 Annual Report Staff Contact: Gigi Robinson, Planning Commission Chair James David, Director, Department of Community Development Council Action Requested: None. Staff Recommendation: None. Commission Recommendation: The Planning Commission formally adopted the 2023 Annual Report at their April 4, 2024 meeting. Fiscal Impact: None. Work Plan Impact: None. Town Plan Impact: None. Executive Summary: Section 2-195 (d) of the Leesburg Town Code specifies that all boards and commissions shall provide an annual report to the Town Council. The work of the Planning Commission is summarized in the attached report. In 2023, the Planning Commission held 20 meetings at which a total of seven land development applications were reviewed which included five Rezoning/Concept Plan Amendments and two Special Exception Cases. Eight Zoning Ordinance Amendments were also reviewed. The Planning Commission also held a number of work session discussions on topics including the Capital Improvements Program, Crescent Design District Master Plan Update, Capital Intensity Factors Project, and Zoning Ordinance Rewrite. Background: The Town of Leesburg Planning Commission is a 7-member body appointed by the Town Council pursuant to Section 15.2-2210 of the Code of Virginia, 1950, as amended. The Leesburg Planning Commission’s responsibilities are established by statute and include citizen oversight of the planning and land development process, as well as the review and approval of land use applications. The Commission reviews the Town Plan, Zoning Ordinance and Capital Improvements Program, suggesting modifications to the Town Council. Attachment: 2023 Planning Commission Annual Report 2023/01 54 Item a. 2023Town of Leesburg Planning Commission Annual Report 55 Item a. TABLE OF CONTENTS Page 2: Acknowledgements Page 3 2023 In Review Page 8 Case Summary Page 11 Looking Ahead to 2024 1 56 Item a. ACKNOWLEDGEMENTS The Leesburg Planning Commission is pleased to present to the Leesburg Town Council an annual report for the 2023 calendar year. The information contained within this report is a summary of cases reviewed by the Commission along with signature accomplishments for the year and an overview of anticipated actions in 2024. Voting Members Brian McAfee, Chair Jennifer Canton, Vice Chair Earl Hoovler, Parliamentarian Ad Barnes Ron Campbell Gigi Robinson Candice Tuck Non-Voting Members Neil Steinberg, Liaison Town Council Staff Liaisons James David, Director, Community Development Karen Cicalese, Clerk to the Commission 2 57 Item a. 2023 IN REVIEW The Planning Commission held twenty meetings in total during the 2023 calendar year. During this time the Commisison heard two Special Exception cases, five Rezoning/Concept Plan Amendment cases and eight Zoning Ordinance Amendment cases. There were seven land development cases reviewed by the Commission in 2023 which is an increase from the number of cases reviewed by the Commission in 2022, where the Commission reviewed two land development applications. The Commission reviewed five land development applications in both 2021 and 2020. Prior to 2020 (2018-2019) the Commission reviewed an average of twenty land development cases per year. Five cases were carried over to additional meetings and include the Village at Leesburg Land Bays D & E, and four zoning amendment cases regarding hotel parking standards in the B-1 zoning district, data center use standards, continuing care facilities, and I-1 zoning district building height. Case Review 3Active Legislative and Site Plan Applications 58 Item a. 2023 IN REVIEW 1.Add funding for land, planning, design, and construction of transit infrastructure and structured parking to serve the Crescent District, Eastern Gateway District, and the B-1 Downtown Commercial District. 2.Add funding for land, planning, design, and construction of a pedestrian bridge over Route 7 in the Eastern Gateway District as indicated in the Town Plan. 3.Prioritize an opportunity area in the Town Plan and add funding for a study to evaluate infrastructure projects within the Town purview - including capital and operating costs, order of magnitude, and possible public private partnerships - that move the vision for that opportunity area forward. 4.Evaluate alternative solutions to reduce parking demand that are less costly and more environmentally friendly tham construction of structured parking. 5.Prioritize the Police Mobile Command Center Project and move it into the Active Projects list and complete as early as possible. 6.Reevaluate the need for a signal as opposed to a pedestrian lighted crossing at Battlefield Parkway and Fieldstone Drive. Capital Improvements Program The Virginia State Code requries that local Planning Commissions review a Capital Improvements Program (CIP) for consistency with the comprehensive plan. On February 2, 2023 the Commission held a public hearing on the CIP for FY2024-2029. The Draft was forwared to the Town Council with a recommendation of approval and the following suggestions. 4 59 Item a. 2023 IN REVIEW The Zoning Ordinance Rewrite Project is a comprehensive revision of the Town's Zoning Ordinance to facilitate implementation of the vision and policies embodied in the Legacy Leesburg Town Plan adopted by the Town Council in March of 2022. The project launched in June of 2023 and representatives from Kendig Keast Collaborative, the lead consultants on the project, made a presentation to the Planning Commission on July 20, 2023 which focused on the projects preliminary timeline and projected milestones. At a second presentation, during a special joint meeting with Town Council, held on October 19, 2023, represtenatives from Kendig Keast Collaborative presented results of the Code Audit and the Draft Annotated Outline. Input received from the Planning Commission on the Zoning Ordinance Rewrite informs draft ordinance text and makes it a better regulatory document. The Commission will continue their review in 2024. Project updates are available online at www.leesburgva.gov/zoningordinancerewrite. Zoning Ordinance Rewrite 5 60 Item a. 2023 IN REVIEW Town Council initiated an update to the Crescent District Master Plan, formally adopted in 2006 and amended in 2013, on October 11, 2022. Work on the project began in the winter of 2023 and two major tasks have been completed. First, the consultant team prepared development feasibility studies, and secondly, neighborhood meetings were held in June of 2023. On August 23, 2023 staff provided an update on the Consultant's feasibility studies, public input from the neighborhood meetings, and presented some preliminary overarching recommendations from the consultant team for the Commission's consideration and input. The Commission will continue their review of draft text in 2024. Crescent District Master Plan Update 6 61 Item a. 2023 IN REVIEW A Capital Intensity Factor (CIF) is a cost estimate per household or per capita basis for capital facilities needed to serve additional growth caused by new development. The Town does not currently have a CIF and past practices have sought cash proffers for schools based on Loudoun County's CIF, and occasionally accepting cash proffers for transportation improvements based on longstanding methodology employed by the former Town Traffic Engineer. A Town-specific CIF based on modern methods such as developing capital facilities standards, and growth standards that inform a capital needs assessment, will be a useful tool for the Planning Commission and Town Council to evaluate whether voluntary cash proffers proposed by rezoning applicants adequately mitigate estimated costs of providing capital facilities standards. The Capital Intensity Factors project kicked off in June of 2023. On September 21, 2023 staff presented a technical memo, prepared by the consultant, covering current Town approaches to cash proffer negotiations, best practices, and methodology options. The Commission will continue their review of draft CIF numbers and methodology in 2024. Capital Intensity Factors 7 62 Item a. Rezoning and Special Excepion Cases TLZM-2022-0006 Village at Leesburg Village Market Boulevard Concept Plan and Proffer Amendment to add a right-in only entrance modification from Village Market Boulevard into the existing "Retail Unit 1" land bay. TLZM-2022-0005 Lidl at Tuscarora Village Add your new texConcept Plan and Proffer Amendment to allow for an approximately 30,500 s.f. grocery store and a second retail/office building of up to 17,000 s.f. The request includes revisions to the phasing plan for residential and commercial uses, and the delivery triggers for certain recreational amenities. TLSE-2022-0008 Meadow Glen Assisted Living Facility Expansion 1,850 s.f. addition to accommodate an increase in the number of beds from 40 to 42. 2023 CASE SUMMARY 8 63 Item a. Rezoning and Special Excepion Cases TLREZN2023-0003 and TLZPEX2023-0003 Shops at Compass Creek/Valvoline Revised Concept Plan and updated proffers for the Shops at Compass Creek to reflect a new layout to accommodate a Valvoline quick lube oil change facility and a special exception request to permit an approximately 4,000 s.f. Vehicle Service Facility with three automobile bays within the existing Community Retail Commercial (B-3) zoning category. TLZM-2022-0010 Village at Leesburg Land Bays D & E Concept Plan and Proffer Amendment to allow data centers and other additional uses permitted in the I-1 zoning district. The subject property consists of two parcels separated by Russel Branch Parkway. This application was carried forward into 2024. 2023 CASE SUMMARY 9 64 Item a. Rezoning and Special Excepion Cases TTLZM-2021-0006 Hamblet Property Deny request to rezone a 6.44 acre parcel from R-E Residential Estate to R-8 Medium Density Attached to allow for the construction of 25 rear- loaded townhouse units on the property at a density of 3.89 dwellings per acre (Council denied). 2023 CASE SUMMARY 9 2023 CASE SUMMARY Zoning Ordinance Amendments TLOA-2022-0009 Hotel Parking Standards in the B-1 Zoning District Amendments to the Zoning Ordinance to revise parking standards for the hotel/motel use. TLOA-2022-0006 Data Centers Amendments to revise data center terminology and definitions, expand allowable zoning districts, and add use specific standards. 65 Item a. Zoning Ordinance Amendments 2023 CASE SUMMARY TLOA-2023-0001 Continuing Care Facility Amendments to establish a definition for a Continuing Care Facility, add use-specific standards, and specify appropriate zoning districts for use. TLOA-2022-0010 Zoning Ordinance Batch Zoning Text Amendments to various sections of the Zoning Ordinance to address minor changes to implement Town Plan goals and objectives, to make corrections and clarifications, to change requirements to comply with annual state code legislative changes, to include requests by citizens and business owners, and to address Town Council directives. TLOA-2023-0002 I-1 District Height Increase Amendments to increase the maximum height of buildings in the I-1 Zoning District. TLZNOA2023-0004 Maximum Number of Rooms for an Inn Deny proposed amendments to increase the number of rooms for a "Commercial Inn" (Council approved). TLZNOA2023-0006 I-1 Zoning District Rezoning Amendments to modify restrictions for rezoning to the I-1 Zoning District. TLZNOA2023-0005 Congregate Housing Amendments to establish a Congregate Housing definition, create use specific standards, and allow the use in the B-4, CD-C, CD-I, and CD- CC Zoning Districts. 10 66 Item a. LOOKING AHEAD TO 2024 The Planning Commission will continue their work on the rewrite of the Town's Zoning Ordinance. Phase 1: Review and Analysis kicked of in June of 2023 and was completed in October of 2023. The Commission will focus on Phase 2: Ordinance Drafting where they will review draft ordinance modules into the fall of 2024. Phase 3: Public Review & Hearings will commence in the fall and carry over into spring of 2025. Work on the Town's Crescent District Master Plan will also continue into 2024. The Commission will also continue their evaluation on whether the Town should adopt capital intensity factors as part of its land use application review process. The Commission will review the proposed capital intensity factors, proffer guidelines and recommendations for future updates in the winter of 2024. It is anticipated that the Planning Commission will complete their review and recommendations to Town Council in the spring of 2024. The public will have opportunities to weigh in on all these major planning initiatives. The date of all public input sessions and public meetings can be found on the Town's website at: https://www.leesburgva.gov/government/public-hearing-notices 11 67 Item a. LOOKING AHEAD TO 2024 Applications and Amendments There are several land development applications currently in the review process. At this time, active applications anticipated for Planning Commission review in 2024 include but are not limited to: •Oaklawn Land Bays A, C, and MU2 •Meadowbrook Continuing Care Facility •Westpark Tech •Russell Branch Retail •Safford Brown Hyundai Relocation •Greenway Manor The Planning Commission will also work on various Ordinance Amendments as required. At this point, amendments include: •B-1 Parking Lot Dimensions and Other Standards •Design and Constructions Standards Manual Update •Subdivision and Land Development Regulations Update 1268 Item a. Council Meeting Date: April 23, 2024 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Microsoft M365 License Agreement and Purchase from CDW-G Staff Contact: Jakub Jedrzejczak, Director of Information Technology Octavia Andrew, Chief Procurement Officer Council Action Requested: Authorize the Town Manager to execute a 3-year Microsoft M365 license agreement, and to purchase M365 licensing from CDW-G. Staff Recommendation: Authorize the Town Manager to execute a 3-year Microsoft M365 license agreement, and to purchase M365 licensing from CDW-G. Commission Recommendation: The Technology and Communications Commission endorses renewal of the Microsoft M365 Enterprise Agreement as part of their support for the Information Technology Strategic Plan. Fiscal Impact: No additional funding is being requested. The proposed license agreement has an annual cost of $386,157.68 or $1,158,473.04 for the three-year agreement period. The agreement will occur for only one month in Fiscal Year (FY) 2024 for a cost of $32,179.81 for which there is $41,068 available budget. In the proposed FY 2025 budget, there is $350,000 allocated for this agreement. Savings in the fourth quarter of FY 2025 will need to be identified to address the remaining $36,157.68 budget overage. The Town is using a national cooperative agreement, Omnia Contract No. 23-6692-02, for the licensing for M365, on which CDW-G provided a quote. Work Plan Impact: None. This part of the anticipated work plan for the Department of Information Technology. Town Plan Impact: None. Executive Summary: In 2001, the Information Technology Division included the migration to Microsoft’s (MS) M365 platform in their work plan as a strategic and secure solution to upgrading Microsoft Office and other critical applications and services. Renewal of the licensing for MS M365 will allow the Town’s information technology infrastructure to use the current versions of Office 365 and Windows 11 Operating System. It will continue to enable Town staff, Council, board, and commission members to take advantage of the MS Office 365 secure site when conducting Town business. Background: The Town migrated its MS Windows Operating System and its MS Office application suite in 2021 using a three-year enterprise agreement. In 2022, the Town added a Teams Calling 69 Item a. Microsoft M365 License Agreement and Purchase from CDW-G April 23, 2024 Page 2 Plan to replace its Cisco VoIP Calling environment to improve operations and security, which required an upgrade to user licenses from the mid-range G3 level to the higher G5 level. Microsoft enterprise licensing must be purchased through a Microsoft Affiliate/Reseller. The quote from CDW-G utilizes an OMNIA Partners (formerly National IPA) cooperative contract, and use of this contract was approved by the Town’s Procurement Officer in accordance with the Virginia Public Procurement Act. Contract Start/End Date: Contract Start: 06/01/2024 Contract End Date: 05/31/2025 Proposed Legislation: RESOLUTION Authorizing the Town Manager to Execute a 3-year Microsoft M365 License Agreement and to Purchase M365 Licensing from CDW-G Draft Motions: 1. I move to approve the resolution authorizing the Town Manger to execute a 3-year Microsoft M365 license agreement and purchase M365 licensing from CDW-G. 2. I move to deny the resolution authorizing the Town Manger to execute a 3-year Microsoft M365 license agreement and purchase M365 licensing from CDW-G. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Microsoft CDW-G Documents 2023/08 70 Item a. PRESENTED: April 23, 2024 RESOLUTION NO. 2024- ADOPTED: ____________ A RESOLUTION : AUTHORIZING THE TOWN MANAGER TO EXECUTE A 3- YEAR MICROSOFT M365 LICENSE AGREEMENT AND TO PURCHASE M365 LICENSING FROM CDW-G WHEREAS, the approved Fiscal Year 2024 Department of Information Technology budget includes funding for the purchase of software licenses and implementation; and WHEREAS, the renewal of Microsoft M365 is necessary to support the operation of the Town’s Microsoft Office, operating system, email video conferencing, telephony, mobile device management, and security applications; and WHEREAS, the Town of Leesburg will continue to implement and build upon its cloud- based applications; and WHEREAS, CDW-G provided a quote using an OMNIA Partners cooperative contract available to the Town; and WHEREAS, the Director of Information Technology and the Town’s Chief Procurement Officer recommend purchase of the licenses through CDW-G; and WHEREAS, Microsoft Enterprise Licensing requires a minimum term of three (3) years. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the Town Manager is hereby authorized to execute a three-year Microsoft license agreement through CDW-G for a total of $386,157.68 for year one with a 3-year total of $1,158,473.04 in a form approved by the Town Attorney. PASSED this 23rd day of April 2024. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 71 Item a. 72 Item a. 73 Item a. 74 Item a. 75 Item a. 76 Item a. 77 Item a. 78 Item a. 79 Item a. 80 Item a. 81 Item a. 82 Item a. 83 Item a. 84 Item a. 85 Item a. 86 Item a. 87 Item a. 88 Item a. 89 Item a. 90 Item a. 91 Item a. 92 Item a. 93 Item a. 94 Item a. 95 Item a. 96 Item a. 97 Item a. 98 Item a. 99 Item a. 100 Item a. 101 Item a. 102 Item a. 103 Item a. 104 Item a. Council Meeting Date: April 23, 2024 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Enterprise Video Management System Upgrade Staff Contact: Amy Cornell-Titcomb, Deputy Emergency Management Coordinator John Callahan, Deputy Director Information Technology Octavia Andrew, Chief Procurement Officer Council Action Requested: Adopt resolution to award a contract for the Enterprise Video Management System Upgrade to Siemens Industry, Inc. in the amount of $ 572,373.27. Staff Recommendation: Adopt resolution to award a contract for the Enterprise Video Management System Upgrade to Siemens Industry, Inc. in the amount of $572,373.27. Town staff has determined there is a cooperative Sourcewell contract available for the purchase of the video security systems with Siemens Industry, Inc. (“Siemens”). Siemens is a German based globe technology and manufacturing company with a wide range of services and products, including video security systems and registered by the Virginia State Corporation as authorized to conduct business in the Commonwealth of Virginia. Commission Recommendation: Not Applicable. Fiscal Impact: This contract for the enterprise video management system upgrade with Siemens is in support of a capital project but also includes future operating costs associated with ongoing maintenance and storage fees. No additional appropriation is necessary. Through Fiscal Year 2024, Town Council has appropriated $625,000 for this project. See Attachment #2. Since there have not been any project expenditures to date, the full appropriation is available. The proposed contract has a project cost of $426,057.70 for capital project component of the contract. This will leave an available balance of $198,942.30 that could be applied to second and third-year storage and preventive maintenance or any unforeseen project installation costs. Once installed, there will be annual operational costs including system maintenance and off-premises (cloud) data storage fees, which will be incorporated into the operating budget as part of Fiscal Year 2026 budget development. Capital Project Costs: Replacement nonfunctioning traffic cameras (Box Sale) $ 30,121.03 Installation of new on-premises servers, hardware, IT gateway, and hardware $286,540.00 First year of video management system and cloud storage $90,811.99 First year of preventative maintenance and evaluation of the system $18,584.68 Total CIP Costs $ 426,057.70 105 Item b. Enterprise Video Management System Upgrade April 23, 2024 Page 2 Ongoing Operating Costs (to be funded from Operating Budget): Year 2 (Fiscal Year 2026): Video Management System Fee, Cloud Storage, and Preventative Maintenance Services $71,316.46 Year 3 (Fiscal Year 2027): Video Management System Fee, Cloud Storage, and Preventative Maintenance Services $74,999.11 Total Operating Costs for Year 2 &3 $146,315.57 Total: Total CIP Project Costs + Operating Costs for Year 2 & 3 $572,373.27 Work Plan Impact: The design and implementation of the enterprise video management system upgrade is incorporated into the existing work plan of the Office of Emergency Management and the Department of Information Technology. Installation and ongoing maintenance will be provided by the vendor. Upon approval, Siemens will coordinate installation with the Town. Once the work begins, it is expected to take eight months to complete. Town Plan Impact: Not Applicable. Executive Summary: The Town currently has a variety of security and traffic camera systems that store video data in several on-premises locations. The existing systems include approximately 220 facility cameras and 42 traffic management cameras, some of which have reached the end of their useful life and need to be replaced. The Town added the Enterprise Video Management System Upgrade project to the Six-Year Capital Improvement Program in Fiscal Year 2023. Over the past year, Emergency Management and Capital Projects staff created a user work group of stakeholder departments to develop the scope of work. Based on the varied needs with camera recording, accessibility, and storage, Siemen’s was selected by the workgroup as the firm most qualified to provide the best solution for the Town utilizing open-source cameras and providing a hybrid solution of on-premises and cloud storage. Utilizing a cooperative contract through Sourcewell, the Town has worked closely with Siemens to develop a detailed plan for the townwide upgrade of the enterprise video management system, excluding the Police Department camera system. The Police Department’s camera system upgrades are not included in this program as it will be completed as part of the Police Station Expansion project. Many of the Town’s existing cameras that were installed over the last several years will continue to be used in the new system. Older analog cameras and those that are no longer supported by the manufacturer will be replaced with new more advanced cameras. As part of this project, the Town will begin utilizing cloud storage for some video cameras. Since cloud storage costs are higher than on-premises servers, only camera data for the Department of Parks and Recreation and Airport will be stored remotely at this time. The Town’s goal is to eventually move all video storage to the cloud to increase cyber security on the Town’s network and to reduce on-site hardware maintenance needs. 106 Item b. Enterprise Video Management System Upgrade April 23, 2024 Page 3 Background: This new system will replace all nonfunctioning cameras, upgrade the non-supported cameras, and will provide enough storage to allow the Town to record and maintain 30 days of video storage. The contract also provides for the first year of maintenance to the system to ensure continual operations. This new system will provide analytics within the search features but also allow additional analytics to be incorporated into the future such as gun detection and object classification like people, cars, and scooters. It can provide alerts on detected objects, forced doors, and other criteria helping to ensure a heightened security system and real time management. Contract Start/End Date: May 7, 2024 – June 2, 2027. Proposed Legislation: RESOLUTION Award a Contract for the Upgrade of the Enterprise Video Management System to Siemens Industry in the amount of $572,373.27 Draft Motions: 1. I move to approve the proposed Resolution to award the contract for the Enterprise Video Management System Upgrade to Siemens Industry, Inc. in the amount of $572,373.27. 2. I move to deny the proposed Resolution to award the contract for the Enterprise Video Management System Upgrade to Siemens Industry, Inc. in the amount of $572,373.27. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. CIP Page from Fiscal Year 2025 Adopted Budget 107 Item b. PRESENTED: April 23, 2024 RESOLUTION NO. 2024- ADOPTED: ____________ A RESOLUTION : AWARD A CONTRACT FOR THE UPGRADE OF THE ENTERPRISE VIDEO MANAGEMENT SYSTEM TO SIEMENS INDUSTRY IN THE AMOUNT OF $572,373.27 WHEREAS, the Town of Leesburg needs to replace and update its current security camera and video management system and equipment; and WHEREAS, in response to the identified current and future needs by all the stakeholder departments a detailed scope was developed; and WHEREAS, the Town’s existing security camera and storage system is comprised of various independent systems that do not communicate with one another and includes hardware that is no longer supported by various vendors and in some cases is not currently working; and WHEREAS, through cooperative procurement and pursuant to the Virginia Public Procurement Act, a proposal was solicited and received from Siemens Industry, Inc. utilizing Sourcewell Contract No. 030421-SIE; and WHEREAS, Siemens Industry, Inc. is authorized by the Virginia State Corporation Commission to conduct business in the Commonwealth of Virginia; and WHEREAS, the contract will be for an initial period of (3) years with options for an automatic renewal of one year periods following the end of the 3 year term; and WHEREAS, the Council previously approved $500,000 for the project in Fiscal Year 2023 and an additional $125,000 for the project in Fiscal Year 2024 totaling a $625,000 and making this a fully funded project in the Town’s Six-Year Capital Improvements Program which is also included in the Adopted Fiscal Year 2025 Budget; and WHEREAS, Council approval of the contract is necessary as the cumulative value of the three-year contract is $572,373.27; and 108 Item b. A RESOLUTION: AWARD A CONTRACT FOR THE UPGRADE OF THE ENTERPRISE VIDEO MANAGEMENT SYSTEM TO SIEMENS INDUSTRY IN THE AMOUNT OF $572,373.27 -2- 2023/08 WHEREAS, the Deputy Emergency Management Coordinator, Deputy Director of Information Technology, and the Chief Procurement Officer recommends awarding the contract to Siemens Industry, Inc. for the Enterprise Video Management System Upgrade. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Town Manager is authorized to execute this contract once in a form approved by the Town Attorney to Siemens Industry, Inc. in the amount of $572,373.27 with an automatic renewal of one-year periods following the end of the 3-year term. PASSED this 23rd day of April 2024. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 109 Item b. TITLE: Enterprise Video Management System Upgrade (23106) STATUS: Ongoing LOCATION: Townwide PROGRAM DESCRIPTION: The Town’s video storage and camera systems for traffic signals and building security are becoming unserviceable and are in need of upgrade and replacement. As part of this effort, the Town is working on re-evaluating its security cameras and combining video storage infrastructure for all Town Departments into a single unified system.  The project will enhance operations for the Leesburg Police Department, the Loudoun County Sheriff, Loudoun County Fire & Rescue, and Virginia State Police enforcement, along with the Town's regular traffic operations and security. OPERATING IMPACT: Additional licensing and maintenance costs for servers and cloud storage. GOAL ADDRESSED: Legacy Leesburg Town Plan (2022): Strategy 1.2.6 Ensure Adequate Community Facilities and Infrastructure PROJECTSTART ESTIMATEDCOMPLETION Spring 2022 Winter 2024/2025 Significant Dates Funding Sources Sources Total Required Project Funding Approp. Through 6/30/24 2025 2026 2027 2028 2029 2030 Total 6 Yr CIP Future Funds Required PAY-GO 625,000 625,000 ———————— Total Sources $625,000 $625,000 $—$—$—$—$—$—$—$— Planned Uses Uses Total Project Cost Approp. Through 6/30/24 2025 2026 2027 2028 2029 2030 Total 6 Yr CIP Future Project Cost Site Improvements 625,000 625,000 ———————— Total Uses $625,000 $625,000 $—$—$—$—$—$—$—$— Operating Impact Operating/Maintenance 2025 2026 2027 2028 2029 2030 General Maintenance 125,000 250,000 250,000 250,000 250,000 250,000 Total Impact $125,000 $250,000 $250,000 $250,000 $250,000 $250,000 Capital Improvements Program General Government FY 2025 Adopted Budget Town of Leesburg, VA 110 Item b. Council Meeting Date: April 23, 2024 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: Adopting Proposed Scope of Work for Performing Arts Center Business Plan Staff Contact: Keith Markel, Deputy Town Manager Council Action Requested: Adopt a resolution endorsing the scope of work to be completed by Webb Management as part of the Leesburg Performing Arts Business Plan Staff Recommendation: Staff supports the proposed scope of work submitted by Webb to complete the Leesburg Performing Arts Center Business Plan. Commission Recommendation: Not Applicable Fiscal Impact: The fee for the development of the Leesburg Performing Arts Cetner Business Plan is $53,500. The Town Council previously allocated $30,000 to fund Liberty Lot Workgroup studies. Approximately $10,000 of that initial allocation is unspent. On April 9, 2024 Town Council approved an additional allocation of $43,000 to fully fund the Business Plan proposal from Webb Management. Work Plan Impact: The Town has allocated significant staff resources from the Department of Community Development, Department of Economic Development, and the Town Manager’s Office to work with the proposing group as part of the workgroup evaluation process. If Town Council moves this project forward, significant staff time would continue to be needed along with outside contracted expertise to enter the more technical phase of site planning and development. Town Plan Impact: The Legacy Leesburg Town Plan, in Strategy 1.3.4 states, “The Town will actively work to identify opportunities to create new civic and cultural spaces in the Town. Examples of appropriate spaces include public gathering spaces, museums, and a performing arts center. Such facilities can be a key component of a Public Private Partnership.” Executive Summary: At their meeting on April 9, 2024, Town Council appropriated $43,000 to fully fund the Leesburg Performing Arts Center Business Plan to be completed by Webb Management. The Liberty Lot Public Private Partnership Work Group believes that this Business Plan will provide sufficient detail to allow the Town Council and the proposing team the needed information to determine if this project is viable for Leesburg. To date the Town has funded a Size and Use Analysis Repot completed by Louise Stevens for $8,713 and a Fiscal Impact Analysis completed by RCLCO for $10,700. Town Council stipulated that the scope of work for the Leesburg Performing Arts Center Business Plan must be reviewed by Council prior to authorization to proceed with the project. The initial proposal and scope of work from Webb Management is attached. See Attachment #2. The 111 Item a. Adopting Proposed Scope of Work for Performing Arts Center Business Plan April 23, 2024 Page 2 workgroup has meet with Webb Management to refine the scope and an updated draft will be provided to the Town Council no later than the close of business next Monday, April 22. Background: The Liberty Street Public Parking Lot, located at 204 Liberty Street, consists of 2.03 acres and is zoned B1 - Community (Downtown) Business District. Following a public request for development proposals in April of 2022, the Town Council chose to further investigate the single proposal that was received from a partnership of firms including Good Works LP, Waukeshaw Development Inc., Bowman Consulting, James G. Davis Construction, and DBI Architects Inc. On March 28, 2023, Town Council adopted Resolution 2023-058 to formally accept the Liberty Lot Redevelopment Proposal for further consideration. In April 2023, the Town Council appointed members to the workgroup to begin those discussions. Contract Start/End Date: Contract Start: May 2024. Contract End Date: November 2024. Proposed Legislation: RESOLUTION Adopting Proposed Scope of Work for Performing Arts Center Business Plan Draft Motions: 1. I move to approve the proposed Resolution to approve the scope of work for the development of the Leesburg Performing Arts Center Business Plan to be conducted by Webb Management for $53,000. 2. I move to deny the proposed Resolution to approve the scope of work for the development of the Leesburg Performing Arts Center Business Plan to be conducted by Webb Management for $53,000. OR 3. I move an alternate motion. Attachment: 1. Draft Resolution 2. Proposal and Preliminary Draft Scope of Work for Leesburg Performing Arts Center Business Plan from Webb Management (updated draft to be provided by Close of Business on Monday, April 22. 2023/08 112 Item a. PRESENTED: April 23, 2024 RESOLUTION NO. 2024- ADOPTED: ____________ A RESOLUTION : ADOPTING PROPOSED SCOPE OF WORK FOR PERFORMING ARTS CENTER BUSINESS PLAN WHEREAS, the Town Council accepted a Public Private Partnership proposal for the redevelopment of the Liberty Street Parking Lot for consideration on March 28, 2023; and WHEREAS, on April 25, 2023, the Town Council appointed Council and staff members to join the proposing team to serve on the Liberty Lot Public Private Partnership Workgroup to further explore, evaluate, and refine the initial proposal; and WHEREAS, the Workgroup has determined that the completion of a Leesburg Performing Arts Center Business Plan to be conducted by Webb Management would best enable the Workgroup and the Town Council to determine the future direction of this project; and WHEREAS, Town Council allocated supplemental funding in the amount of $43,000 at their meeting on April 9, 2024 to fund the business plan development with the stipulation that the scope of work for the plan be reviewed by Town Council prior to the notice to proceed being issued to Webb Management; and WHEREAS, the Workgroup met with Webb Management on April 15, 2024 to refine the scope of work to best meet the Town’s needs. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Town Council approves the scope of work developed by Webb Management, as presented, that will be used to create the Leesburg Performing Arts Center Business Plan. 113 Item a. A RESOLUTION: ADOPTING PROPOSED SCOPE OF WORK FOR PERFORMING ARTS CENTER BUSINESS PLAN -2- 2023/08 2. Town staff are authorized to issue the notice to proceed, with a final report and presentation to be provided to the Town Council no later than the second Town Council work session of November 2024. PASSED this 23rd day of April 2024. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 114 Item a. building creativity Proposal Leesburg Performing Arts Center Business Plan March 29, 2024 Duncan Webb Webb Mgmt 800 West End Ave, Ste 11A New York, NY 100250 212 929 5040 duncan@webbmgmt.org webbmgmt.org CONTACT 115 Item a. Webb Mgmt · Proposal building creativity Table of Contents Firm Profile, Services, & Publications Project Team Scope of Work pg 4 pg 7 pg 13 Study Brief pg 3 Fee Proposal & Arrangements pg 15 Relevant Experience pg 10 116 Item a. Webb Mgmt · Proposal pg 3 building creativity Study Brief A leadership group in Leesburg has been developing plans for new performing arts facilities with the assistance of Louis Stevens, local architects, builders, and other representatives from the live arts and entertainment industry. As these plans start to coalesce, it is time to build a business plan for these proposed facilities that suggests how they might be programmed, operated, and financially sustained. Webb Mgmt is pleased to propose a study and plan that builds on the work to date with a comprehensive and inclusive process that will provide project leadership with the information necessary to initiate negotiations with public and private sector partners and explore private sector funding opportunities. 117 Item a. Webb Mgmt · Proposal pg 4 building creativity Firm Profile Webb Mgmt is a leading provider of advisory services for the development and operation of cultural facilities, organizations, agencies, and districts. Our 500+ clients include municipalities, colleges and universities, nonprofit arts organizations, community and private foundations, commercial developers, economic development agencies, and various friends of the arts. Our work is not intended to sit on a bookshelf, but rather to provide direction, a detailed roadmap, and, oftentimes, a fundraising tool for those charged with turning project concepts into reality. Our firm has provided planning and analysis for arts and cultural projects across North America for over 25 years. Our team, headed by principle Duncan Webb, has artistic and practical experience, as well as formal training in arts administration, programming, business, finance, and research. Our process is based on a tried and true approach expressed by these principles: Projects and planning efforts must be as inclusive and open as possible, encouraging all voices to be heard. In-depth research is critical to any assignment. The experience of other communities and organizations provides important insight to any question or assignment. The only certain factor in any initiative is change. Altogether, our experience combined with our specific expertise providing objective, research- based market and feasibility studies for performing arts facilities means that we are very well suited to lead the work outined in this proposal. Our mission is to advance the arts, entertainment and events sectors with sound planning and research. We value: • A passion for finding achievable and sustainable strategies for every assignment, organization, and community. • The integrity to pursue the right answer as opposed to the easy answer. • A commitment to collaboration and partnerships. • A belief in the positive and beneficial impacts of the arts and creative industries on people, communities, and society. 118 Item a. Webb Mgmt · Proposal pg 5 building creativity Needs Assessment: Studies that consider whether and what facilities should be developed, improved or expanded based on market conditions and opportunities. Business Planning: Plans for the operation of new, improved or expanded facilities that address how they should be programmed, operated and financially sustained. This work is often completed right after the needs assessment, those two pieces combining to form a facility feasibility study. Business planning often includes qualitative and quantitative economic and social impact projections. Project Development: Once a project has been defined and begins to advance, we inform clients on specific issues such as financing options, real estate and site issues, project team selection and management, operating partnerships, executive search support, operational costs, project management, and bridge or start-up programming. Facility Strategic Planning: Comprehensive strategic plans for existing arts, cultural, and entertainment facilities that inform long-range planning with internal and external analyses, the formulation of strategy and the creation of detailed implementation plans. Research: Primary and secondary organizational and sector-wide research, including audience satisfaction, market capacity, and programming demand. Services include surveys, focus groups, demographic research, audience analysis, mapping, and benchmarking. Strategic Planning: Strategic planning for cultural organizations and facilities addressing capacity building, audience development, earned revenue growth, capitalization, organizational evolution, staff re-organization, and board development. Cultural Planning: Comprehensive community cultural planning addressing community cultural needs, cultural infrastructure, cross-sector collaboration, cultural asset evaluation and mapping, policy development, gap analyses, and funding mechanisms. Cultural District Planning: Studies that evaluate the need and opportunity for the development of cultural districts, addressing market conditions, the built environment, branding and identity, district management and funding strategies. Mergers, Acquisitions & Consolidations: Studies, strategies and ongoing advice on the combination of nonprofit arts organizations. Executive Counsel: Coaching, executive search, board management, and other short-term assignments that provide specific research and advice on an immediate basis to answer specific questions. Services One side of our practice is focused on the development and operation of arts, cultural and entertainment facilities. The other side of our practice provides research and advisory services to the arts sector. CULTURAL RESEARCH & PLANNINGCULTURAL FACILITY DEVELOPMENT & OPERATIONS 119 Item a. Webb Mgmt · Proposal pg 6 building creativity Publications Buildings for the Arts Duncan Webb is a founding member of CultureLab, an informal consortium of worldwide arts consultants and the Cultural Policy Center at the University of Chicago. CultureLab was formed to break down the silos of research, policy, and practice and create a new capacity and approach to tackling challenging issues in arts and culture. Duncan Webb and CultureLab served as advisors on the University of Chicago study, Set in Stone: Building America’s Next Generation of Arts Facilities (1994-2008). Duncan also served as an advisor on the resulting book, Buildings for the Arts. Running Theaters: Best Practices for Leaders and Managers Duncan Webb’s book reveals the best practices that consistently lead to operating successful theaters. Culled from surveys and interviews with more than 50 top theater managers and experts, this guide provides proven and successful strategies from managers, staff, and volunteer leaders covering virtually every aspect of running a theater: audience development, fundraising, facility development, programming, community involvement, and much more. Special sections cover physical maintenance, technology in theaters, and staff and board development. The book was recently translated into Mandarin and is informing extensive cultural facility investment throughout China. A second edition was released in May 2020. The Performing Arts Center of the Future Webb Mgmt produced a conference in New York City to consider the future of performing arts facilities. Expert panelists, relevant research, and resulting discussions indicated that, on the whole, performing arts spaces will become smaller, more flexible, less permanent, and less formal. Equally important is the idea of designing facilities that support amateur community programs and attract younger audiences with the possibility of an enriching social experience. A monograph outlining discussions and conclusions was published by Americans for the Arts. 120 Item a. Webb Mgmt · Proposal pg 7 building creativity Duncan Webb PRESIDENT DUNCAN@WEBBMGMT.ORG Duncan M. Webb founded Webb Management Services, Inc. to provide management consulting services to the arts and cultural industries and has led the firm since 1997, completing over 500 assignments for the advancement of cultural communities, organizations, and facilities. Duncan’s career in the arts began onstage in a 1969 production of Gilbert and Sullivan’s Patience. After college, he became a banker, spending seven years in commercial lending and international finance. In 1986, after many years of volunteer work in the arts, he came into the field as a producer of experimental, industrial and commercial theatre, with such credits as the Canadian premieres of Changing Bodies, Children of a Lesser God, Blood Brothers, Orphans, Marshall Bravestarr and Barbie and the Rockers. He also developed marketing and sponsorship programs for the Canadian premiere of Les Miserables. A Certified Management Consultant (CMC), Duncan has been an active speaker and published writer on arts management and the development, operation and financing of arts facilities. Webb’s book “Running Theaters: Best Practices for Managers and Leaders” was the first book ever written on the management of performing arts facilities. It was recently translated into Mandarin and is being used to inform cultural development throughout China. A second edition was published in May 2020. Duncan is an adjunct professor in the Arts Administration graduate program at Baruch College (CUNY). Number of Cultural Sector Projects 500+ Years of Experience | Arts Administration 40 Years of Experience | Cultural Facility Planning 30 Years of Experience | Arts Administration Teaching 25 Education Bachelor’s Degree in Economics, University of Western Ontario Master’s Degree in Business Administration, University of Toronto Key Project Experience Cultural Facilities Master Plan & Covid-19 Arts Stabilization Plan for the City of Arlington, Arlington, TX Cultural Infrastructure & Creative Spaces Implementation Strategy, Mississauga, ON Feasibility Study for Fairfax City Center West Performing Arts Center, Fairfax, VA Feasibility Study for Performing & Visual Arts Facilities, Howard County, MD Feasibility Study for an African American Cultural Center, Virginia Beach, VA Feasibility Study for Cultural & Civic Facilities for Downtown Westminster, Westminster, CO Cultural Plan Update for the City of Lee’s Summit, Lee’s Summit, MO Feasibility Study for Cultural Arts Center, Haverhill, MA Feasibility Study for Performing & Visual Arts Facilities, The Woodlands, TX Feasibility Study for Expanded Performing & Visual Arts Facilities at the Goddard Center, Ardmore, OK Project Team 121 Item a. Webb Mgmt · Proposal pg 8 building creativity Years of Experience | Arts Administration 20 Years of Experience | Public Sector Grantmaking, Arts Initiatives & Planning 13 Years of Experience | Teaching in Higher Education 10 Education Bachelor of Arts in American History, Barnard College Master of Fine Arts in Theatre Management & Producing, Columbia University Key Project Experience Strategic Plan for the Clemente Soto Vélez Cultural & Educational Center New York, NY Lease Terms Assessment and Equity Audit, City of San Diego Cultural Plan, San Diego, CA Grantmaking Strategic Redesign and Implementation Plan for Arts in Stark Canton, OH Strategic Plan for the Goshen Theater, Goshen, IN Strategic Plan for the Keene Colonial Theater Keene, NH Performing Arts Center Feasibility Study for Osceola County NeoCity, FL Operational and Fee Study of the Poway Center for the Performing Arts, Poway, CA Needs Assessment and Strategic Plan for The Center for Creativity at the Rialto Westfield, NJ Business Plan for The Nittany Performing Arts Center, State College, PA Stacey Cooper McMath SENIOR CONSULTANT STACEY@WEBBMGMT.ORG Stacey Cooper McMath is an expert in public sector policy, grantmaking, cultural research, and strategic initiatives. She specializes in facilitation, strategic planning, and advisory services for local arts agencies and funders. In 2020 she was named a Women in Power Leadership Fellow by the Belfer Center for Innovation at the 92nd Street Y. Prior to joining Webb Mgmt in 2022, Stacey served for eight years as Director of the Programs Unit in the New York City Department of Cultural Affairs. She led the agency’s grantmaking team in a full equity audit of the $28M Cultural Development Fund and implemented improvements to New York’s competitive funding process. In her policy work she supervised two demographic studies of the cultural workforce in New York City, two reports on the impact of COVID-19 on the agency’s constituents, and a data-driven analysis of $300M in grant funding. She was a collaborator on CreateNYC, the City’s 2017 cultural plan, and in 2018 she launched the Mayor’s Grant for Cultural Impact, supporting dynamic partnerships between government and arts organizations. Before joining the New York City Department of Cultural Affairs as a Program Officer in 2008, Stacey served as a general manager and management consultant. As the general manager at chashama she worked to transform vacant real estate into artist studios, rehearsal spaces, and film locations. Early in her career she produced theatrical projects for Target Margin Theater, Voice & Vision Theater, Studio 42, and Polybe + Seats. Stacey has taught in the theater departments at Marymount Manhattan College and Barnard College. Project Team 122 Item a. Webb Mgmt · Proposal pg 9 building creativity Years of Experience | Arts Administration 12 Years of Experience | Public Sector Arts Programming & Research 7 Years of Experience | Research & Data Analysis 5 Education Bachelor of Arts in Art History & French, Loyola University Chicago Master of Arts in the Connoisseurship of Fine & Decorative Art, University of Manchester’s Sotheby’s Institute Program Master’s of Science Candidate in Data Analysis & Visualization, The Grad Center at CUNY Key Project Experience Needs Assessment Study for Performance Facilities, City of Vancouver, WA Business Planning for the Edina Art Center, City of Edina, MN Feasibility Study for New Performance Facilities, DuPage County, IL Strategic Operating Plan for the Collins Center for the Arts at the University of Maine, Orono, ME Public art project management for Darryl Westly’s Illuminations, 2022 Long Island Rail Road Westbury Station, Westbury, NY Public art project management for Teresita Fernandez’s Paradise Parados, 2021 Brooklyn Academy of Music, Brooklyn, NY Alli Arnold PROJECT MANAGER ALLI@WEBBMGMT.ORG Alli Arnold offers over a decade of combined experience in arts administration, project management, research, programming, collection management, and strategic planning in the public and private sectors. She has overseen the commissioning of new works in numerous government-owned buildings and mixed-use spaces throughout the New York area. Prior to joining Webb Mgmt, Alli was a manager in the Metropolitan Transportation Authority’s Arts & Design Department where she thrived as a primary point of contact between artists and contractors. She balanced the goals of different divisions, took great care to research artists for commissions and exhibitions, and studied the community context for future percent-for-art projects. Before joining the MTA, Alli worked for the Brooklyn Academy of Music (BAM), a multi-disciplinary arts nonprofit sited in publicly owned buildings. While there, she acted as the project lead for their Robert W. Wilson Public Art Initiative, researching artists for long-term commissions, submitting artwork for public design approval, and overseeing installation plans. In her career, Alli has worked in various programmatic, cultural, fundraising, administrative, and strategic capacities for arts and cultural organizations, successfully implementing programming and development plans. Alli holds a Bachelors of Arts in Art Histroy and French from Loyola University Chicago and a Masters of Arts in the Connoisseurship of Fine & Decorative Art from the University of Manchester’s Sotheby’s Institute of Art program in London. She is currently finishing a Masters of Science in Data Analysis & Visualization from the Grad Center at CUNY. Project Team 123 Item a. Webb Mgmt · Proposal pg 10 building creativity 1 Relevant Experience In 2001, Webb Mgmt and Hardy Holzmann Pfeiffer Associates were hired to conduct a feasibility study for new performance facilities on the Prince William campus of George Mason University. In the first phase of the study, Webb Mgmt conducted the needs assessment for the project. With the input of university administration, area arts organizations, community users and area school districts, we examined the facility’s feasibility in terms of arts audiences and potential users of new cultural facilities. The analysis also considered regional development, area-wide demographics, the relationship to other facilities in the region, and the benefits and impacts of new facilities on the university and region. In our second phase of work, Webb Mgmt completed a preliminary business plan to demonstrate how new performing arts facilities would meet the requirements of the three partnering institutions. As part of this exercise, we designed and administered a community survey that indicated popular support for the project. We also drafted a Memorandum of Understanding between the three partners with which to begin fundraising efforts. The 85,000-sqft Hylton Center for the Performing Arts opened in 2010 and includes the 1,121-seat Merchant Hall, 270-seat Gregory Family Theater, an art gallery, a grand foyer, a scene shop, and support spaces. George Mason University Performing Arts Facilities FAIRFAX & MANASSAS, VA | 2005 Photo courtesy of the Hylton Center 124 Item a. Webb Mgmt · Proposal pg 11 building creativity 2 Relevant Experience In 2019, Webb Mgmt was retained to evaluate plans for performing arts facilities as part of a mixed- use development in downtown Fairfax. This effort was conducted in close coordination with the George Mason University and the local developer, Ox Hill Realty. Before finalizing the performing arts components, Webb Mgmt was tasked with evaluating the feasibility of performing arts facilities and then considering how they might be programmed, operated and sustained The study began by considering the type of programs and users that should activate a new performing arts facility, how current GMU and community group needs should be addressed, what type of competition existed within Fairfax County and the surrounding region and how the development aligned with local and regional planning documents. Together, the developer’s goal was to understand how each of these components fit together to ensure a facility that is active and economically viable. Since our initial engagement, Webb Mgmt has been retained to develop a business plan and advise the project’s leadership on next steps, including how and to what extent GMU is involved. Working alongside the developer’s architect and a theater design consultant, Webb Mgmt’s recommendations are being implemented into the building’s final design prior to construction. Fairfax City Center West Development FAIRFAX, VA | 2019 Photo courtesy of Ox Hill Realty 125 Item a. Webb Mgmt · Proposal pg 12 building creativity Relevant Experience 3 City of Nashua NASHUA, NH | 2001, 2015, 2024 Webb Mgmt has helped the Nashua community consider the development of arts facilities twice over the last 20 years. In 2001, the firm was hired along with Hanbury Evans Austin Architects to conduct a feasibility study for new perfoming arts facilities in downtown Nashua. In 2015, we were hired to re-examine the viability of new facilities, this time working with Bruner/Cott Architects. In the first phase of work, we assessed the market potential and propensity for audiences to attend additional performances and events, existing facilities in Nashua and the region, potential community benefits and demand on the part of potential users. This process led to a series of conclusions and recommendations finding: • The market could support new facilities, including potential audiences, users, gaps in the regional inventory of facilities, and potential benefits and impacts for the community. • There was demand for better mid-sized facilities for regional groups and presented programs. • There was a demand for improved small-scale facilities to serve emerging organizations and community programs. • Establishing partners would be critical to advancing plans. Subsequently, the first phase of the study suggested the development of a series of new facilities, including a mid-sized performing arts hall, a smaller theater for drama and dance and additional facilities for rehearsal and arts education. In a second phase of work, we tested facility recommendations with the project partners and advanced the concept of developing a downtown block that was adjacent to the existing theater. Recommendations included an auditorium, an improved home for the American Stage Festival, a multi-purpose room and an exhibition space. Physical planning included a space program, site analysis and order-of-magnitude capital budget for recommended facilities. The business plan developed a governance plan, pro-forma operating budgets and an economic impact analysis. Following this study, the Nashua Center for the Arts is now open and hosting a rich schedule of performances. In 2024, Webb Mgmt is working with Nashua again to develop a new business plan for another arts facility in the community’s downtown to further support the area’s thriving arts sector. Photo courtesy of Nashua Center for the Arts 126 Item a. Webb Mgmt · Proposal pg 13 building creativity Scope of Work Kick-off Meeting: We will begin the planning process with a kick-off meeting with project leadership. Together, we will finalize the details of the plan’s schedule and logistics, including a community engagement strategy. Forces & Trends: We will identify and report on broader issues in the arts and live entertainment sector that may have a bearing on the development of new facilities in Leesburg, such as trends in arts audiences and consumer behavior, the evolving role of the arts in economic and community development efforts, and the impacts that COVID-19 has had on the arts and entertainment sectors. Market Analysis: We will update previous analysis of the market area for new performing arts facilities in Leesburg in terms of population size, characteristics, and potential. Existing Facilities & Competitive Analysis: We will update and evaluate the condition of existing and planned performance facilities in and around Leesburg, collecting information on facility capacities, facility features, program content, and the quality and availability of existing facilities, all of this to identify gaps and opportunities for new facilities in Leesburg. Uses & Users: We will update research on potential uses and users of new performing arts facilities in Leesburg, reaching out to representatives of local performing arts organizations, arts educators, festival managers, special event planners, and other community constituents to assess the demand for facilities. Touring Product Potential: We will research touring programs coming to other facilities in and around Leesburg, again looking for gaps and opportunities for new facilities. Alignment with Local & Regional Goals: We will speak with the City of Leesburg and Loudon County leadership to determine if and how new performing arts facilities might align with city or county goals in such areas as driving economic development, recruiting workers and companies, and enhancing residents’ quality of life and place. Concept Affirmation: Based on the analysis described above, we will offer conclusions on the need and opportunities for new performing arts facilities in Leesburg, describing that set of spaces in terms of capacities, functionality, flexibility, and amenities. Workshop & Report: We will present the work to this point in a workshop setting to discuss each component of the analysis and then how that work has led to conclusions and recommendations on new facilities. We will incorporate feedback from the workshop and deliver a report making recommendations on the optimal facility concept. Site Evaluations: We will evaluate up to four possible sites for recommended facilities as identified by project leadership using criteria developed with the client that will likely include acreage, land-use adjacencies, zoning, vehicular and pedestrian access, proximity to amenities, etc. We will also address the pros and cons of more general types of sites and provide recommendations on how and when leadership should pursue the acquisition of a specific site for the project. Define Goals & Practices: With the concept in place, we can then define operating goals for recommended spaces, covering such areas as activity levels, cost recovery, and supporting 127 Item a. Webb Mgmt · Proposal pg 14 building creativity community access. Comparable Models: We will research comparable performing arts facilities throughout the country to inform the proposed concept for new facilities. Key areas of research include the ability of the site to project success, governance and operating models, operating partnerships, the scheduling of facilities, levels of utility and cost, managing demand for facilities, strategies for capital and ongoing funding, other revenue-generating activities, and key factors that have led to the successful operation of similar projects. Governance & Operations: We will propose how recommended facilities should be owned and operated, considering various options and making recommendations on a preferred approach. We will also advise on opportunities for outside service providers in programming, ticketing, and food and beverage operations. Programming Plan & Activity Profile: We will consider how new facilities would be activated by producing, teaching, presenting, and rental activities. We will prepare an activity profile for the first five years of operation listing types and levels of use for film and live presenting, educational programs, and rentals to community nonprofit and commercial groups. Scheduling Charette: Once governance and operating plans start to come together, we will invite potential users of recommended facilities to participate in a planning session to address how facilities should be booked, operated, and staffed from the users’ perspectives. The highlight of the event would be the creation of a mock calendar of activity for the first year of facility operations, considering how key organizations would use all programmable spaces. Staffing & Services: We will identify staffing requirements for recommended facilities. Set compensation ranges for those positions and recommend hiring dates relative to the opening. We will also advise on opportunities for outside service providers in programming, ticketing, and food and beverage operations. Pro-forma Operating Budget: We will construct a pro-forma operating budget for six years, starting the year before new facilities open and extending through the fifth year of operation, identifying all sources of operating revenues and expenses, an appropriate capital reserve, and the likely result of operations. Funding Strategies: We will develop and evaluate preliminary scenarios to sustain recommended facilities from a combination of sources, including a formal public-private partnership or combination of local, county, and state government, as well as corporations, foundations, naming rights, and individuals. We will also advise on the creation of an endowment to support ongoing operations. Economic Impact Analysis: Using multipliers purchased from the Bureau of Economic Analysis and expenditure forecasts from Americans for the Arts, we will project the ongoing economic impacts of the new facilities on Leesburg and Louden County. Critical Path Plan: We will create a critical path plan for project leadership that identifies key steps and deadlines to plan for the operation of recommended spaces. Report & Presentation: We will present and discuss the findings and recommendations of the business plan and deliver a draft report. Finally, we will incorporate feedback from the client and issue a final report. 128 Item a. Webb Mgmt · Proposal pg 15 building creativity Fee Proposal & Arrangements We propose professional fees of $49,000 plus expenses to complete the services described in this proposal. LEESBURG PERFORMING ARTS CENTER BUSINESS PLAN Professional fees: $49,000 Travel (three, one person trips): $4,500 TOTAL $53,500 We will bill fees monthly based on the progress of the engagement. Expenses will be billed monthly as incurred with no mark-up. This proposal is valid for sixty days from date of issue. 129 Item a. Date of Council Meeting: April 23, 2024 TOWN OF LEESBURG TOWN COUNCIL WORK SESSION Subject: Private Property Mural Project at Leesburg Premium Outlets Staff Contact: Leah Kosin, Assistant Public Information Officer, Commission on Public Art Staff Liaison Christopher P. Spera, Town Attorney Council Action Requested: Approval of an art mural, submitted by Leilani Romero, for installation on a brick wall located near the entrance of Leesburg Premium Outlets, 241 Fort Evans Road. The mural will be the subject of a lease between the Town and the owner of the property. See attachments #2 and #3. Staff Recommendation: The Town Attorney has approved the project as long as the wall surface is the subject of a lease agreement between the Town and the owner of the property as well as an acceptable agreement with the artist. Commission Recommendation: The Commission on Public Art recommends approval of an art mural submitted by Leilani Romero for installation at Leesburg Premium Outlets, 241 Fort Evans Road. Fiscal Impact: No public funding from the Town is needed. The entire project will be funded by Leesburg Premium Outlets, which is estimated to cost between $4,000 and $5,000. Work Plan Impact: None. Town Plan Impact: The Legacy Leesburg Town Plan makes multiple references to the creation of public art: Section 1.3.1 Seek Out Opportunities to Expand Public Art states that “the Legacy Leesburg planning process identified the community’s strong appreciation for public art. The Town will continue to develop, refine, and follow its Public Art Vision and work with appropriate entities to introduce new art. Consideration will also be given to interactive and digital public art across the Town’s public realm to tell the stories of Leesburg’s diverse communities, promote informal interaction, and provide the Town’s arts community with an active voice for bring.” Section 1.1.1c Identify and Pursue Town Led Preservation and Strengthening Efforts states “Given the range of opportunities, the Town should consider developing an Old and Historic District Preservation and Enhancement Plan….This Plan could include topics such as: approaches and programs to address maintenance and encourage rehabilitation; support 130 Item b. Private Property Mural Project at Leesburg Premium Outlets April 23, 2024 Page 2 of a non-profit, third-party preservation organization; identifying appropriate locations and/or highlighting historic content for public art in the Historic District.” Finally, Strategy 3.3.3 Create Public Places That Promote a Sense of Community for an Increasingly Diverse Population: Tell everyone’s stories. It is critical to program spaces with public art that tells the diverse stories of people who live in a neighborhood, so everyone feels public space is about them. Executive Summary: On March 8, 2022, the Leesburg Town Council approved Resolution No. 2022-030 adopting a limited private property mural pilot program. See Attachment #4. The first installation within this program occurred in December 2022. The mural, designed by Serina Chowdhury, can be found at 32-C Catoctin Circle, SE in Virginia Village. See Attachment #5. This is the third year that the program has been taking place. A “Call for Walls” was issued in January 2024. The Commission on Public Art (COPA) selected a brick wall located at the entrance of Leesburg Premium Outlets, measuring approximately 15.5 feet long and 10.5 feet high, for the location of the mural. In February 2024, a “Call for Artists” was issued with more than 18 mural designs received. Both COPA, along with representatives of Leesburg Premium Outlets, selected artwork submitted by Leilani Romero on April 1, 2024. The entire project will be funded by the outlet and is estimated to cost between $4,000 and $5,000. Background: On July 13, 2021, Town Council approved Resolution 2021-101 establishing a pilot program allowing murals on certain private commercial properties located outside the H-1 Overlay District. See Attachment #6. The respective resolution established the Private Property Mural Pilot Program Committee, an ad hoc group to work with staff, to develop program guidelines and assess the program. The Town’s first private property mural was installed in the Virginia Village Shopping Center in December 2022. See Attachment #5. The program was extended in 2023, under the ownership of the Commission on Public Art. A “Call to Walls” was issued in April 2023 with no successful responses. As a result, the program did not take place. The program was renewed for its third year in January 2024. Proposed Legislation: RESOLUTION Approval of an Art Mural by Leilani Romero, under the Private Property Mural Pilot Program, to be Located at the Leesburg Premium Outlets and Fully Funded with Private Contributions 131 Item b. Private Property Mural Project at Leesburg Premium Outlets April 23, 2024 Page 3 Draft Motions: 1. I move to approve the proposed Resolution approving the Private Property Mural Project at Leesburg Premium Outlets. 2. I move to deny the proposed Resolution approving the Private Property Mural Project at Leesburg Premium Outlets. OR 3. I move an alternate motion. Attachments: 1. Draft Resolution 2. Proposed Artwork 3. Wall Location 4. Resolution 2022-030 5. Mural at Virginia Village 6. Resolution 2021-101 132 Item b. PRESENTED: April 23, 2024 RESOLUTION NO. 2024- ADOPTED: ____________ A RESOLUTION : APPROVAL OF AN ART MURAL BY LEILANI ROMERO, UNDER THE PRIVATE PROPERTY MURAL PILOT PROGRAM, TO BE LOCATED AT THE LEESBURG PREMIUM OUTLETS AND FULLY FUNDED WITH PRIVATE CONTRIBUTIONS WHEREAS, the Town Council is committed to supporting performing and visual arts activities within the Town of Leesburg; and WHEREAS, at its July 13, 2021 meeting, Council approved the creation of a Private Property Mural Pilot Program Committee per Resolution No. 2021-101 to consider development of a program allowing murals on commercial properties located outside of the H-1 District, which are currently not permitted under the Town’s Zoning Ordinance; and WHEREAS, the program was renewed by Council in January 2024; and WHEREAS, the Commission on Public Art (COPA) issued a “Call for Walls” in January and selected a brick wall measuring approximately 15.5 feet long and 10.5 feet high, located at the entrance of Leesburg Premium Outlets, 241 Fort Evans Road, for installation of a mural; and WHEREAS, COPA issued a “Call to Artists” in February. More than 18 submissions were received; and WHEREAS, COPA and representatives from Leesburg Premium Outlets reviewed all submissions. The group met on April 1 and selected artwork by Leilani Romero. It depicts the historic downtown and other local attributes, while allowing for visitors to pose for a selfie or group photo beneath a “Leesburg, Virginia” sign; and 133 Item b. A RESOLUTION: APPROVAL OF AN ART MURAL BY LEILANI ROMERO, UNDER THE PRIVATE PROPERTY MURAL PILOT PROGRAM, TO BE LOCATED AT THE LEESBURG PREMIUM OUTLETS AND FULLY FUNDED WITH PRIVATE CONTRIBUTIONS -2- WHEREAS, Leesburg Premium Outlets has agreed to fully fund the private property mural project, which is estimated to cost between $4,000 and $5,000; and WHEREAS, the Leesburg Town Council must endorse all art displayed on public and private property. THEREFORE, RESOLVED, by the Council of the Town of Leesburg that the private property mural project by Leilani Romero, under the Private Property Mural Pilot Program, is endorsed for installation at the Leesburg Premium Outlets and fully funded with private contributions. PASSED this 23rd day of April 2024. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council 134 Item b. Mural:“The Historic Town of Leesburg in Color” Leilani Romero lanilei13@gmail.com 757-817-4538 Leesburg Mural Submission “The Historic Town of Leesburg in Color” By:Leilani Romero A postcard from Leesburg,Virginia –This mural design encompasses the heart of Leesburg, historic downtown with not only the historic 1894 courthouse,but the iconic walk down King street with local shops and architecture.For colorful,fun photo-ops:“Selfie”friendly objects on the mural include an archway,a paint brush,walking a dog,and even a shopping bag.Featuring a couple of Virginia state identifiers is the famous American Dogwood flower,Virginia Cardinal bird,and the Eastern Tiger Swallowtail butterfly.The cherry blossoms floating from the right hand side pay homage to Washington DC to the East,and the cherry blossom trees at the Prime Outlet Mall surrounding the mural’s location.All in all,this mural encompasses symbols of what makes our town of Leesburg one of the favorites in all of Virgina. Mockup design of mural on slope. 135 Item b. Artwork by Leilani Romero 136 Item b. Design with added slope to level with sidewalk. 137 Item b. MURAL WALLS 138 Item b. Work area 15.5’ Wx10.5’H 139 Item b. Work area 20.5’ Wx13’H 140 Item b. The Town of Leesburg, Virginia PRESENTED: March 8, 2022 RESOLUTION NO. 2022-030 ADOPTED: March 8, 2022 A RESOLUTION: ADOPTION OF A LIMITED PRIVATE PROPERTY MURAL PILOT PROGRAM AND INITIATION OF AMENDMENTS TO ARTICLE 18 OF THE ZONING ORDINANCE TO REDEFINE THE TERM MURAL WHEREAS, the Town Council is committed to supporting performing and visual arts activities within the Town of Leesburg; and WHEREAS, at its July 13, 2021 meeting, Council approved the creation of a Private Property Mural Pilot Program Committee per Resolution No. 2021-101 to consider development of a program allowing murals on commercial properties located outside of the H- 1 District, which are currently not permitted under the Town's Zoning Ordinance; and WHEREAS, the Economic Development Commission, the Commission on Public Art, and the Board of Architectural Review each designated a member to serve on the Committee, chaired by Councilman Ara Bagdasarian, and the Committee was supported by necessary Town staff; and WHEREAS, the committee spent extensive time discussing the purpose, goals, format, and legalities of a pilot program, including current land use regulations and policies, zoning ordinances, and public art guidelines; and WHEREAS, on January 7, 2022 the committee adopted recommended guidelines to establish a pilot program for Council consideration; and WHEREAS, any eligible property's participation in the pilot program shall be on a voluntary basis; and will be subject to a written agreement, developed by staff and the Committee. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 141 Item b. 2- A RESOLUTION: ADOPTION OF A LIMITED PRIVATE PROPERTY MURAL PILOT PROGRAM AND INITIATION OF AMENDMENTS TO ARTICLE 18 OF THE ZONING ORDINANCE TO REDEFINE THE TERM MURAL 1. Town Council hereby adopts a limited pilot program for murals on private commercial property excluding the H-1 Overlay District, subject to the attached Private Property Mural Guidelines (the "Guidelines"), and subject to an approved amendment in the Zoning Ordinance redefining the term "Mural". 2. Amendments to the Zoning Ordinance are hereby initiated and recommended to the Planning Commission to amend Article 18 to redefine the term "Mural". 3. The Planning Commission shall hold a public hearing to consider amendments to the Zoning Ordinance redefining the term "Mural", and report its recommendation to the Town Council pursuant the Section 15.2-2204 of the 1950 Code of Virginia, as amended 4. Once Town Council approves an amendment to the Zoning Ordinance that redefines the term "Mural", the Private Property Mural Committee shall manage the initial installation, including the theme, wall location, and artwork, until otherwise dismissed by Council. 5. The Private Property Mural Guidelines shall be re-evaluated by Town Council one year after official enactment. PASSED this 8'' day of March, 2022. Kelly B'urk, yor Town of Leesburg ATTEST: X., ...e0f,--1 a' - 4ClerkofCouncil 142 Item b. 143 Item b. The Town of Leesburg, Virginia PRESENTED: July 13, 2021 RESOLUTION NO. 2021-101 ADOPTED:July 13, 2021 A RESOLUTION: ESTABLISHING A PILOT PROGRAM ALLOWING MURALS ON CERTAIN PRIVATE PROPERTY WHEREAS, Council directed staff to present information related to potential changes to the Town's land use regulations and policies that would allow murals on private property which are currently not permitted under the Town's Zoning Ordinance; and WHEREAS, the Director of Planning and Zoning and the Zoning Administrator support the creation of a pilot program to allow murals to voluntarily be created on certain private commercial properties, subject to certain terms and conditions; and WHEREAS, at its July 12, 2021 work session, Council directed staff to prepare a resolution establishing such a pilot program, all as more fully set forth herein. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. The Town hereby creates the Private Property Mural Pilot Program. 2. The Town hereby creates the Private Property Mural Pilot Program Committee, an ad hoc group to work with staff to develop program guidelines, to assess the program, and to make a final report with recommendations to the Council regarding the impacts, costs, and benefits of the pilot program on the community. 3. The Economic Development Commission, the Commission on Public Art, and the Board of Architectural Review shall each designate a member to serve on the Private Property Mural Pilot Program Committee which shall be chaired by Councilman Bagdasarian, and supported by any necessary Town staff. 4. The Committee shall convene for an initial meeting at a date, location, and time set by the Committee Chair. Subsequent meetings will be set at the initial meeting. The Committee shall serve until the conclusion of the pilot program or until otherwise dismissed by the Council. 5. Staff is directed to develop guidelines with the Committee for the Private Property Mural Program incorporating the following: a. The pilot program shall run for a duration of 6 months from the date the guidelines are finalized. After a period of4 months,the Committee shall report 144 Item b. 2- A RESOLUTION: ESTABLISHING A PILOT PROGRAM ALLOWING MURALS ON CERTAIN PRIVATE PROPERTY to the Council on the progress of the program which may be extended or modified at that time. b. Eligible properties must be commercial properties located outside of the H-1 Overlay District. c. Any eligible property's participation in the pilot program shall be on a voluntary basis, and will be subject to a written agreement, to be developed by staff, consistent with the terms of this resolution and the guidelines developed by staff and the Committee. d. The Town will have no role in the creation, installation, and/or maintenance of any mural in the pilot program, and all aspects of the creation, installation, and maintenance ofeach mural will be funded by the property owner. e. The pilot program does not constitute a change to the Zoning Ordinance, and the voluntary participation in the program by any property owner does not constitute regulation of the property in any way,nor does it create any property rights outside of the terms of the applicable participation agreement. f. Each mural will be installed in such a way that it will remain in good and visible condition for a period not to exceed 6 months from installation, and shall be capable of removal at the applicable termination date. 6. The Town Manager is hereby authorized to execute all such agreements or other documentation necessary to effectuate this program, including, without limitation, the agreements with participating property owners. PASSED this 13' day of July, 2021. Kelly r- r 1rayor Town of Leesburg ATTEST: Clerk of Council 145 Item b. Council Meeting Date: April 23, 2024 TOWN OF LEESBURG TOWN COUNCIL MEETING Subject: TLZNOA2023-0007 B-1 Parking Lot Standards Staff Contact: Brian Boucher, Deputy Director, Department of Community Development James David, Director, Department of Community Development Council Action Requested: Approve the Zoning Ordinance text amendments revising the parking lot standards for properties located in the B-1, Community (Downtown) Business District to reduce standard parking space width for 60 degree or less angled parking, reduce parallel parking space width by one foot, permit up to 20 percent compact parking spaces, and reduce 2-way travel lane width for angled parking. Staff Recommendation: Approval of text amendments revising the parking lot standards in the B- 1, Community (Downtown) Business District to reduce standard parking space width, parallel parking space width, permit compact parking spaces, and reduce travel lane width for angled parking in certain cases. Commission Recommendation: The Planning Commission held a public hearing on March 7, 2024, to evaluate the proposed amendments. No members of the public spoke concerning the amendments. At the meeting the Planning Commission recommended denial of the amendments by a vote of 6-1 upon finding that the proposed changes to parking stall widths and drive aisles will create an inconvenience for motorists and will disincentivize visitors and families from visiting the Downtown. No revisions to the draft ordinance were recommended by the Planning Commission to Council. Generally, the Commission believes that Downtown Leesburg is not as urban as places such as Alexandria, so that visitors may have higher expectations when it comes to parking lot standards. Some Commissioners said that narrower stall widths and lanes could lead to more minor vehicle damage, such as door dings, and could influence families and tourists with larger vehicles to avoid Downtown. The consensus was the proposed amendments would not make a substantial change Downtown and there is a larger issue regarding parking supply Downtown that needs to be addressed to help businesses in the B-1 District other than reducing parking lot standards. The March 7, 2024, Planning Commission Staff Report can be found at the following link: https://portal.laserfiche.com/Portal/Browse.aspx?id=708950&repo=r-165d21d4 Fiscal Impact: The Town may experience a minimal reduction in parking in-lieu fees since the proposed changes allow for property owners and developers to provide more parking spaces on-site in the B-1, Community (Downtown) Business District. 146 Item a. TLZNOA2023-0007 B-1 Parking Lot Standards April 23, 2024 Page 2 Figure 1. H-1 District (outlined in white) includes B-1 District (light pink) Work Plan Impact: Processing Zoning Ordinance amendments is part of the core functions of the Department of Community Development. Currently, the department is processing three active Zoning Ordinance text amendments including the comprehensive ordinance rewrite. Town Plan Impact: Legacy Leesburg Town Plan Principal 5: All Things Green Strategy 5.2.1 Preserve and Protect the Environment by Encouraging Good Site Design Practice calls for providing the minimum amount of parking required to achieve a higher and better use of available land. Under the Area Based Land Use Initiatives, the H-1 District is designated as an “Area to Strengthen and Protect” to maintain its unique character, including by alleviating parking challenges. Principle I: Town Character and Authenticity, Update Supporting Policy Documents Strategy 1.1.6 calls for supporting regulatory documents to be regularly updated to reflect best practices, trends, and technologies, including parking standards. Therefore, evaluating parking lot standards in the Downtown area is consistent with the Legacy Leesburg Town Plan. Executive Summary: Potential amendments to the parking lot dimensions in the B-1 District were initiated by the Town Council to consider more flexible parking standards for the Downtown area, given historic development patterns. The Planning Commission concluded that the parking lot standards should not be revised because the proposed changes to parking stall widths and drive aisles would create an inconvenience for motorists and will disincentivize visitors and families from visiting the Downtown. Staff is supportive of limited revisions to B-1 District parking dimensional standards because the proposed changes make it easier to supply additional onsite parking for businesses in historic Downtown, where lots are often smaller and irregular shaped. Furthermore, the proposed revisions are consistent with downtown parking standards in comparable jurisdictions. Leesburg has experienced rapid growth over the last three decades, with a clear difference in the development pattern Downtown compared to more suburban areas. This growth spurred an economic revival Downtown, which is now a destination for tourists and Town residents alike. As a result, land is expensive and vacant land is difficult to obtain. To foster economic sustainability, the Town Plan calls for consideration of more flexible parking standards where appropriate. 147 Item a. TLZNOA2023-0007 B-1 Parking Lot Standards April 23, 2024 Page 3 Payment to the Town in-lieu of constructing on-site parking to meet required parking standards exists, but sometimes applicants would rather provide more parking on-site than exercise the payment in-lieu option. Most buildings in the B-1 District were erected without consideration for parking because they pre-date the automobile, and as a consequence lot shapes and sizes show the same lack of accommodation. Staff has weighed the concern about allocation of valuable Downtown land for off-street parking against the need to sustain business health and the need to supply safe and adequate parking, both public and private. In the B-1 District, the availability of compact parking spaces and in some instances reduced parking space widths and reduced travel lanes will lead to more on-site parking Downtown without compromising the purpose of parking lot standards. Background: On January 23, 2024, Town Council adopted Resolution No. 2024-012 to initiate Zoning Ordinance amendments to revise parking lot standards to consider reduction of dimensional and landscaping requirements for required on-site parking in the B-1 District. Currently, the same parking lot standards apply everywhere in Town, with no exceptions for the land within the H-1, Overlay, Old and Historic District, which includes the B-1 District within its boundaries. The Council recognized that Downtown has many irregularly shaped historic lots and directed staff to examine whether existing parking standards can be improved for this compact historic area experiencing commercial redevelopment. The current parking space and lane width standards have been in place since 2003. Staff consulted 15 other jurisdictions and concluded to make the following recommended changes: Reduce Standard Parking Space Width for Angled Parking at 60° or Less: Staff proposes a width of 8.5’ instead of 9.0’ for parking stalls that are at an angle of 60° or less for several reasons. Because of the angled stall, there is less need for turning space when backing out of the stall. This standard is already in operation Downtown in the Town Hall Garage and is common for parking structures. The smaller width allows some increase in parking spaces for more efficient use of available land without unduly increasing inconvenience and safety to motorists. Reduce Parallel Parking Space Width to Eight (8) Feet: The 9.0’ parallel parking space width in Leesburg is wider than typically found in the region. The Virginia Department of Transportation (VDOT) standards only require 8.0’ in width, and the Town has recognized this width as adequate by inclusion of the 8.0’ width in the Crescent Design District. Permit up to 20% Compact Parking Spaces as an Option: Compact cars have seen a recent increase in popularity. To recognize existing smaller cars and this trend, staff believes it is practical to re- introduce compact parking spaces to the B-1 District subject to the following standards:  Compact car parking stalls should be a minimum of 8’ x 16’. o This is the standard in Alexandria, Fredericksburg, Charlottesville, Frederick (Maryland) and Washington, D.C.  A maximum of 20% of provided spaces may be “compact car spaces” in both surface lots and in parking structures.  All compact car spaces shall be signed or painted with the word “Compact” on the floor of the stall. 148 Item a. TLZNOA2023-0007 B-1 Parking Lot Standards April 23, 2024 Page 4 Reduce Travel Lane Width for Angled Parking: When parking is at an angle compared to the travel aisle, the parked vehicle needs less space to back into the travel aisle and straighten out and drive away. Leesburg has 1-way traffic aisle widths adjacent to parking that are generally consistent with other jurisdictions. However, for 2-way travel aisles, the Town standards are wider than other jurisdictions. Staff believes the 2-way travel land width could be safely reduced as follows:  Reduce the 2-way travel aisle width from 24’ to 22’ adjacent to 60° angled parking.  Reduce the 2-way travel aisle width from 21’ to 20’ adjacent to 45° angled parking. Interior Parking Lot Landscaping - No Change: TLZO Sec. 12.6.3 sets out the interior parking lot landscape requirements and currently gives the Land Development Official (i.e., the Director of Community Development) the authority to modify both the numerical requirements for landscape space and the amount of plant materials required. In practice, this modification has worked well, with relief being given in cases of existing easements, stormwater drainage and floodplain constraints. Staff recommends no change to the regulations. The Town’s Chief Engineer has reviewed the draft parking standards and finds the proposed changes for the B-1 District should, for most sites, generally provide safe ingress and egress, adequate vehicle turning radii, and comply with the intent of applicable Fire Codes. Note that each property being developed has its own unique features that could potentially impact parking and travelway design standards that would need to be resolved at the time of final site plan review. Please be advised that Town standards regarding access requirements will always be subordinate to the Loudoun County Fire Code and the International Fire Code. Contract Start/End Date: Not applicable. Proposed Legislation: ORDINANCE Amending Leesburg Zoning Ordinance Article 11 Parking, Loading and Pedestrian Access for the Purpose of Revising Parking Lot Standards in the B-1 District Draft Motions: 1. I move to approve the proposed Zoning Ordinance Amendment TLZNOA2023-0007 revising Article 11 Parking, Loading and Pedestrian Access to reduce parking stall width and travel aisle widths in the B-1, Community (Downtown) Business District based on the findings that the amendment furthers objectives of the Town Plan, and that the proposal would serve the public necessity, convenience, general welfare, and good zoning practice. 2. I move to deny the proposed Zoning Ordinance Amendment TLZNOA2023-0007 revising Article 11 Parking, Loading and Pedestrian Access to reduce parking stall width and travel aisle widths in the B-1, Community (Downtown) Business District on the basis that the amendment does not further objectives of the Town Plan, and that the proposal does not serve the public necessity, convenience, general welfare, and good zoning practice 149 Item a. TLZNOA2023-0007 B-1 Parking Lot Standards April 23, 2024 Page 5 OR 3. I move an alternate motion. Attachments: 1. Draft Ordinance Revising Parking Lot Standards in the B-1 District 2. Resolution No. 2024-012 2023/08 150 Item a. PRESENTED: April 23, 2024 ORDINANCE NO. 2024- ADOPTED: ____________ AN ORDINANCE : AMENDING LEESBURG ZONING ORDINANCE ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS FOR THE PURPOSE OF REVISING PARKING LOT STANDARDS IN THE B-1 DISTRICT WHEREAS, on January 23, 2024, the Town Council initiated Zoning Ordinance text amendments to revise parking lot standards in the B-1 District; and WHEREAS, the proposed Zoning Ordinance revisions to the parking lot standards will advance the Town Plan goals of providing the minimum amount of parking required to achieve a higher and better use of available land in the Downtown and to update regulatory documents to reflect best practices and trends; and WHEREAS, based on staff’s research, the reduction of angle parking staff width, lanes widths and parallel parking stall widths in certain instances, along with the limited use of compact parking spaces, will put the Town of Leesburg on par with comparative jurisdictions while maintaining safe and convenient parking; and WHEREAS, a duly advertised public hearing was held by the Planning Commission on March 7, 2024, at which the Planning Commission recommended denial of the text amendments by a vote of 6-1; and WHEREAS, the Town Council held a duly advertised public hearing on April 23, 2024; and WHEREAS, staff recommends approval of the proposed amendments; and WHEREAS, the Town Council has concluded that the public necessity, convenience, general welfare and good zoning practice require the proposed amendments. 151 Item a. AN ORDINANCE: AMENDING LEESBURG ZONING ORDINANCE ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS FOR THE PURPOSE OF REVISING PARKING LOT STANDARDS IN THE B-1 DISTRICT -2- THEREFORE, ORDAINED, by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That Section 11.6 of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, is hereby amended to read as follows: 11.6 Parking and Loading Area Design Standards 11.6.2 Dimensions of Parking Spaces and Aisles For the purposes of these regulations there shall be two general categories of off-street parking dimensions: standard parking spaces and parking spaces for disabled persons. The maximum number of contiguous parking spaces in a row shall be no greater than twenty (20). Parking spaces may be situated at the following angles: 90, 60, 45, 30 and 0 (parallel). Spaces shall be measured based on the minimum rectangular dimensions established herein. A. Standard Parking Spaces. a. Standard Spaces. All surface parking spaces shall be designed as standard parking spaces, except as otherwise expressly allowed or required herein. Standard parking spaces shall be a minimum of 9.0 feet in width and 18 feet in length, except for parallel parking spaces which shall be a minimum of 22 feet in length. i. B-1 District Exception: Parking spaces in the B-1 District that are set at an angle of 60° or less shall be a minimum of 8.5 feet in width and 18 feet in length. b. Compact Parking Spaces in the B-1 District. Up to 20% of the provided parking spaces in the B-1 District may be compact parking spaces in surface lots and structures. Compact parking spaces shall be a minimum of 8 feet in width and 16 feet in length. Compact parking spaces shall be signed or painted with the word “compact” on the floor of the stall. c. Parallel Parking Spaces in the B-1 District. Parallel parking spaces in the B-1 District shall be a minimum of 8 feet in width and 22 feet in length. B. Accessible Parking for Physically Handicapped Persons. . . C. Parking Aisle Dimensions. Parking facilities shall provide travel aisles in compliance with the following minimum width aisle standards: 152 Item a. AN ORDINANCE: AMENDING LEESBURG ZONING ORDINANCE ARTICLE 11 PARKING, LOADING AND PEDESTRIAN ACCESS FOR THE PURPOSE OF REVISING PARKING LOT STANDARDS IN THE B-1 DISTRICT -3- 2023/08 Minimum Aisle Widths Adjacent to Parking [1] Parking Angle (degrees) 0 30 45 60 90 1-Way Traffic 13 ft 13 ft 13 ft 18 ft 22 ft 2-Way Traffic 20 ft 20 ft 21 20 ft 24 22 ft 24 ft Aisle with no Adjacent Parking [1] 1-Way Traffic 12 ft 2-Way Traffic 20 ft SECTION II. All ordinances in conflict herewith are repealed. SECTION III. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the vailidity of the ordinance as a whole or any remaining provisions of this ordinance. SECTION IV. This ordinance shall be in effect upon its passage. PASSED this 23rd day of April 2024. ______________________________ Kelly Burk, Mayor Town of Leesburg ATTEST: ______________________________ Clerk of Council [1] Minimum aisle widths, shown above, include the width of the gutter pan. Additional width may be required based upon the type of vehicular access required to traverse the site or when an aisle or travelway is designed as a fire apparatus access road in accordance with the Leesburg Fire Code. 153 Item a. The Town of Leesburg, Virginia RESOLUTION NO. 2024-012 PRESENTED: January 23, 2024 ADOPTED: January 23.2024 A RESOLUTION: INITIATING AMENDMENTS TO THE ZONING ORDINANCE TO REVISE PARKING LOT DIMENSIONAL AND LANDSCAPING STANDARDS IN THE B-1, COMMUNITY DOWNTOWN) BUSINESS DISTRICT WHEREAS, the Code of Virginia §15.2-2286 and Zoning Ordinance §3.2 permit the Council of the Town of Leesburg in Virginia to, by resolution, initiate amendments to the regulations of the Zoning Ordinance that the Council finds to be prudent; and WHEREAS, the Council discussed the parking lot standards in the H-1, Overlay, Old and Historic District, which encompasses the B-1, Community (Downtown) Business District at their work session on January 22, 2024; and WHEREAS, the Council is of the opinion that public necessity, convenience, general welfare and good zoning practice warrant consideration of the amendments to the Zoning Ordinance to revise the parking lot standards in the B-1 District, including parking space dimensions, travel aisle widths and interior parking lot landscaping requirements. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as follows: 1. Amendments to the Zoning Ordinance are hereby initiated, and recommended to the Planning Commission, to amend Zoning Ordinance sections as necessary in order to facilitate the intent of this initiation. 2. Amendments shall consider adding language to the Zoning Ordinance to reduce dimensional and landscaping standards for required on -site parking in the B-1 Zoning District subject to specific criteria being met and subject to Zoning Administrator approval. 154 Item a. A RESOLUTION: INITIATING AMENDMENTS TO THE ZONING ORDINANCE TO REVISE PARKING LOT DIMENSIONAL AND LANDSCAPING STANDARDS IN THE B-1, COMMUNITY DOWNTOWN) BUSINESS DISTRICT 3. The Planning Commission shall hold a public hearing to consider these amendments to the Zoning Ordinance, and to report its recommendation to the Town Council pursuant to Section 15.2-2204 of the 1950 Code of Virginia, as amended. PASSED this 23" day of January 2024. Kelly Bftrk, May6r Town of Leesburg Al ZEST: Clerk of Council 155 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 04/18/2024 Town Council Work Session DISCUSSION: Joint Work Session (Council and Leesburg Movement)Belote, Tara 04/22/2024 Town Council Work Session DISCUSSION: South King Street Interchange - Potential Improvements and Impacts from Current and Future Development in Adjacent Area (P)Southerland, Danielle DISCUSSION: Veterans Park Update (NP)Southerland, Danielle INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Smith, Ann INFORMATION MEMO: Board of Zoning Appeals 2023 Annual Report (BZA Chair Peter Vanderloo)Miller, Shelby 04/23/2024 Town Council Meeting CONSENT: Authorizing the Town Manager to execute a 3-year Microsoft M365 license agreement and purchase M365 licensing from CDW-G Carlson, Annie CONSENT: Award of Contract for Enterprise Video Management System Upgrade Cornell-Titcomb, Amy PRESENTATION: Planning Commission Annual Report Cicalese, Karen PROCLAMATION: Arbor Day - April 27, 2024 Southerland, Danielle PROCLAMATION: Leesburg-Daybreak Rotary Club Day Gonzalez, Lyndon PROCLAMATION: National Drinking Water Week - May 5 - 11, 2024 Wyks, Amy PUBLIC HEARING: TLZNOA-2023-0007 B-1 Parking Lot Standards (P)Boucher, Brian RESOLUTION: Adopting Proposed Scope of Work for Performing Arts Center Business Plan Markel, Keith RESOLUTION: Private Property Mural Project at Leesburg Premium Outlets Kosin, Leah 4/17/202412:07 PM 156 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 05/13/2024 Town Council Work Session DISCUSSION: 208 S. King St. Frontage Improvements Cost Sharing Agreement (P)Southerland, Danielle DISCUSSION: Downtown Parking Plan and Fees Markel, Keith DISCUSSION: General Assembly Legislative Wrap-Up Markel, Keith DISCUSSION: Initiation of Town Plan Amendment for Mintjens Property Boucher, Brian DISCUSSION: Leesburg Executive Airport and FAA Restrictions Spera, Christopher DISCUSSION: Removal of Two (2) Metered Parking Spaces on S King St. (P)Southerland, Danielle INFORMATION MEMO: Visit Loudoun Monthly Report Seymour, Russell INFORMATION MEMO: 2023 Residential Traffic Commission Annual Report (NP)Southerland, Danielle INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items (NP)Belote, Tara INFORMATION MEMO: Unassigned Fund Balance Report (NP)Fazenbaker, Cole 05/14/2024 Town Council Meeting CONSENT: State of Good Repair Paving Contract Award (NP)Southerland, Danielle CONSENT: Airport Construction Engineering and Inspections Contract Award (NP)Southerland, Danielle CONSENT: Amending the License Agreement with FiberLight, LLC Smith, Carmen CONSENT: Approving Amended and Restated Izaak Walton License and Easement agreement Smith, Carmen CONSENT: Contract Award for Utility Plant Operations Data Information System (NP)Wyks, Amy CONSENT: Water Treatment Plant Roof-Top HVAC Unit Replacement (NP)Wyks, Amy ORDINANCE: Approving the Use of Speed Monitoring Devices in School and Construction Zones Smith, Carmen PRESENTATION: Virginial Municipal League Region 6 "If I Were Mayor" Essay Content Winner - Leia Hatem (Simpson Middle School)Boeing, Eileen PROCLAMATION: Kids to Parks Day - Saturday, May 18, 2024 Eagle, Tabitha PROCLAMATION: National Public Works Week (NP)Southerland, Danielle PUBLIC HEARING: : Allowing Data Centers by Special Exception in the I-1 and PEC Zoning Districts Murphy, Christopher PUBLIC HEARING: Stipend Increase for Planning Commission and Board of Architectural Review Smith, Carmen RESOLUTION: Appointment to the Environmental Advisory Commission (Council)(NP)(1) - Tentative Boeing, Eileen RESOLUTION: Appointment to the Environmental Advisory Commission (Council)(NP)(2) - Tentative Boeing, Eileen RESOLUTION: 208 S. King St. Frontage Improvements Cost Sharing Agreement (P)Southerland, Danielle RESOLUTION: Initiation of Town Plan Amendment for Mintjens Property Boucher, Brian RESOLUTION: Removal of Two (2) Metered Parking Spaces on S. King St. (P)Southerland, Danielle RESOLUTION: Special Event Fee Waiver for Loudoun Freedom Center Juneteenth Freedom March 2024 (NP)Williams, Richard 4/17/202412:07 PM 157 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 05/28/2024 Town Council Meeting: Regular + Work Session DISCUSSION: Communications Plan With Key Stakeholders for Future Capital Projects Trask, Kate INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Smith, Ann INFORMATION MEMO: Quarterly Downtown Public Parking Revenue Update Weaver, Liz INFORMATION MEMO: Quarterly Budget and Capital Improvements Program Update Keesecker, Tamara PUBLIC HEARING: Capital Intensity Factors (P)Arnett, Betsy PUBLIC HEARING: Ordinance for Final Adoption of the Voluntary Settlement Agreement resolving the Compass Creek Annexation Spera, Christopher RESOLUTION: Amending the Contract for the DCSM/SDLR Rewrite Arnett, Betsy RESOLUTION: Morven Park Road Sidewalk Construction Contract Award (P)Southerland, Danielle RESOLUTION: Sculpture at Georgetown Park Kosin, Leah 06/10/2024 Town Council Work Session DISCUSSION: Commission on Performing Arts (P)Trask, Kate DISCUSSION: Piano Project (P)Trask, Kate DISCUSSION: Plaza Street Pedestrian Improvements - Design Endorsement Presentation (P)Southerland, Danielle DISCUSSION: Stormwater Fee Implementation (P)Southerland, Danielle DISCUSSION: Stormwater Management Program – Quarterly Update and Potential Fees (Renee/Chad/David Rose) (P)LaFollette, Renee 06/11/2024 Town Council Meeting CONSENT: Plaza Street Pedestrian Improvements - Design Endorsement (P)Southerland, Danielle RESOLUTION: Utility Extension to Landbay D/E Data Center Wyks, Amy 06/24/2024 Town Council Work Session DISCUSSION: Budget: Unassigned Fund Balance and Fiscal Year 2026 Timeline Fazenbaker, Cole INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Smith, Ann INFORMATION MEMO: Visit Loudoun Monthly Report Seymour, Russell INFORMATION MEMO: Utility Plant Capacity Report Wyks, Amy 06/25/2024 Town Council Meeting CONSENT: Veterans Park at Balls Bluff - Construction Contract Award (NP)Southerland, Danielle 07/22/2024 Town Council Work Session DISCUSSION: Airport Air Traffic Control Tower Update (P)Arnett, Betsy INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Smith, Ann INFORMATION MEMO: Visit Loudoun Monthly Report Seymour, Russell 07/23/2024 Town Council Meeting CLOSED SESSION: Annual Town Attorney Evaluation Belote, Tara CONSENT: Airport Runway Pavement Rehabilitation Grant and Design Authorization (NP)Southerland, Danielle CONSENT: Lawson Rd. Pedestrian Crossing of Tuscarora Creek - Construction Contract Award (NP)Southerland, Danielle CONSENT: Tree Commission Annual Report Southerland, Danielle CONSENT: VDOT Smart Scale Application Endorsements (NP)Southerland, Danielle 08/12/2024 Town Council Work Session DISCUSSION: Zoning Ordinance Rewrite - Articles 5 through 9 (P)Arnett, Betsy INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Smith, Ann INFORMATION MEMO: Thomas Balch Library Advisory Commission Annual Report Smith, Ann INFORMATION MEMO: Visit Loudoun Monthly Report Seymour, Russell INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items (NP)Belote, Tara 4/17/202412:07 PM 158 Item a. COUNCIL ACTIONS CALENDAR Tentative/Subject to Change MeetingDate MeetingType Name SubmittedBy 08/13/2024 Town Council Meeting CONSENT: Leesburg Police Station Furniture and Equipment (NP)Southerland, Danielle CONSENT: Town/State Agreement for Maintenance of Rt 7/Battlefield Interchange (NP)Southerland, Danielle CONSENT: Traffic Signal Fiber Connections Construction Award (NP)Southerland, Danielle 09/09/2024 Town Council Work Session INFORMATION MEMO: Quarterly Budget and Capital Improvements Program Update Keesecker, Tamara 09/10/2024 Town Council Meeting CONSENT: Contract Award for Water Plant Chemical Tank Replacement Wyks, Amy CONSENT: Old Waterford Rd Design Task Order Authorization (NP)Southerland, Danielle CONSENT: Traffic Signal at Fieldstone Dr and Battlefield Pkwy Design Task Order Authorization (NP)Southerland, Danielle CONSENT: Traffic Signal Replacements - Construction Contract Award (NP)Southerland, Danielle CONSENT: Water Treatment Plant Electrical Upgrades (NP)Wyks, Amy 09/23/2024 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Smith, Ann INFORMATION MEMO: Visit Loudoun Monthly Report Seymour, Russell 09/24/2024 Town Council Meeting CONSENT: Downtown Streetlights PH II - Award Construction Contract (NP)Southerland, Danielle RESOLUTION: Voting Member for the 2024 Virginia Municipal League (VML) Business Session Boeing, Eileen 10/21/2024 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Smith, Ann INFORMATION MEMO: Visit Loudoun Monthly Report Seymour, Russell 11/12/2024 Town Council Meeting: Regular + Work Session INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items (NP)Belote, Tara PRESENTATION: Commission on Public Art's Annual Report Kosin, Leah 11/25/2024 Town Council Work Session DISCUSSION: W&OD Trail Lighting Concept Presentation (P)Southerland, Danielle INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Smith, Ann INFORMATION MEMO: Visit Loudoun Monthly Report Seymour, Russell INFORMATION MEMO: Quarterly Budget and Capital Improvements Program Update Keesecker, Tamara INFORMATION MEMO: Quarterly Parking Update Weaver, Liz INFORMATIONAL MEMO: P&R Annual Report Williams, Richard 11/26/2024 Town Council Meeting RESOLUTION: Amend Town Holiday Schedule (Combine Christmas Eve Half Day and New Year's Eve Half Day)Didawick, Josh 12/09/2024 Town Council Work Session 2024 Economic Development Commission Annual Report Turney, Elaine INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Smith, Ann INFORMATION MEMO: Visit Loudoun Monthly Report Seymour, Russell 12/10/2024 Town Council Meeting Diversity Commission 2024 Annual Report Rodriguez, Kara PRESENTATION: Technology and Communications Commission 2024 Annual Report (P)Callahan, John 4/17/202412:07 PM 159 Item a.