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HomeMy Public PortalAbout2024_tcmin0409COUNCIL MEETING April 9, 2024 1 1 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. MOTION2024-053 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 MOTION2024-054 On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the March 12, 2024, Regular Session minutes were moved for approval. 1 1 Page' COUNCIL MEETING April 9, 2024 1 1 1 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 MOTION2024-055 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 MOTION2024-056 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 MOTION2024-057 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. 21Page COUNCIL MEETING April 9, 2024 1 1 1 MOTION2024-058 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. 3 1 Page COUNCIL MEETING April 9, 2024 1 The Petitioner's Section closed at 7:24 p.m. 12. APPROVAL OF THE CONSENT AGENDA MOTION2024-059 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 RESOLUTION2024-045 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 RESOLUTION2024-046 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 RESOLUTION2024-047 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, LLPfor 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 RESOLUTION2024-049 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 41 Page COUNCIL MEETING April 9, 2024 f. Supplemental Appropriation for Replacement of Police Department Vehicles RESOLUTION2024-050 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 1 g• Supplemental Appropriation for the Compass Creek Annexation and Town Attorney's Fiscal Year 2024 Operating Budget RESOLUTION2024-051 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 Macy) RESOLUTION2024-052 Appointing Patrick Aragon to the Parks and Recreation Commission i. Appointment to the Tree Commission - Tara Holt (Vice Mayor Steinberg) J• RESOLUTION2024-053 Appointing Tara Holt to the Tree Commission Liberty Lot Funding — Performing Arts Center Study RESOL UTION2024-054 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 RESOLUTION2024-055 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. 5 1 Page COUNCIL MEETING April 9, 2024 1 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. MOTION2024-060 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. RESOLUTION2024-056 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. 6 1 Page COUNCIL MEETING April 9, 2024 Public Speakers: There were no public speakers wishing to address Council. The public hearing was closed at 7:37 p.m. MOTION2024-061 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 Artides 2, 4, and Appendix A. ORDINANCE 2024-0-009 Amending the Town of Leesburg Design and Construction Standards Manual Artides 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 1 1 15. UNFINISHED BUSINESS a. None. 16. NEW BUSINESS a. None: 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS Council Member Cimino -Johnson disclosed he met with 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 7 1 Page COUNCIL MEETING April 9, 2024 1 1 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 MOTION2024-062 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. 8 1 Page COUNCIL MEETING April 9, 2024 1 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. MOTION2024-063 On a motion by Mayor Burk the following was proposed: In accordance with Section sr 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. ATTEST: Clerk of Council 2024_tcmin0409 Ke11y urk,, ayor Town of Leesburg 9 1 Page 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. Page 1 (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 Page 2IApril 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 201h, 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 Page 3!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? Page 4jApril 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'II 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. Page 5!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 Page 6jApril 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 1-1 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 Page 7IApril 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 Page 8JApril 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 Page 9IApril 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, IJCSM 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 EST'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? Page 10IApril 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 Page 111April 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, 1 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'II 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. Page 12JApril 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. Page 13IApril 9, 2024