HomeMy Public PortalAbout2020_tcmin01281
January 28, 2020 – 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: I would like to call to order tonight's Town Council meeting of January
28th, 2020. I will be giving the invocation and followed by the salute to the flag by Vice
Mayor Martinez. I would ask everybody to take a moment to join me in a moment of silence.
[silence]
Mayor Burk: Mr. Martinez, will you lead us in the pledge?
Vice Mayor Marty Martinez: Will you stand up and join me--
Everybody: I pledge allegiance to the flag of the United States of America and to the
Republic for which it stands, one nation under God, indivisible, with liberty and justice for all.
Mayor Burk: All right. Let the minutes reflect that everyone is here with the exception of
Council Member Dunn. We have work session minutes, January 13th, 2020. Do I have a
motion?
Council Member Neil Steinberg: So moved.
Mayor Burk: Move by Council Member Steinberg. Second?
Council Member Ron Campbell: Second.
Mayor Burk: Seconded by Council Member Campbell. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? That is six, zero, one.
Vice Mayor Martinez: Abstain.
Mayor Burk: Okay. That's five, zero, one, one. Regular session meeting of January 14th,
2020, moved by Vice Mayor Martinez. Second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? That's five, zero, one. I'm sorry? Oh six, zero, right. You're right.
Thank you. Adopting the minute agenda.
Council Member Steinberg: Madam Mayor.
Mayor Burk: Can I have a motion first?
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Vice Mayor Martinez: So moved. Yes.
Mayor Burk: Mr. Martinez, seconded by Council Member Steinberg.
Council Member Steinberg: I'd like to offer a motion that under Item 13, we simply move
those items A, B, C, and D over to the consent agenda.
Mayor Burk: Does anyone have an objection?
Council Member Campbell: Yes.
Mayor Burk: Which one?
Council Member Campbell: All of them.
Mayor Burk: All right, so that doesn't go on. Go ahead. We have a motion adopting the
minutes by Mr. Martinez, seconded by Council Member Steinberg. All in favor?
Council Member Steinberg: Aye.
Mayor Burk: Opposed? That's six, zero, one. We have two presentations tonight. Well,
three. We have a recognition of Loudoun County High School Girls' Volleyball. I want to read
it, but they are not here tonight. I will be taking it over to the school later in the week.
This is recognizing the Loudoun County High School Girls' Volleyball team for winning the
Virginia Class 4 State Championship, whereas Loudoun County High School Girls' Volleyball
team claim their eighth consecutive Virginia Class 4 State Championship in Richmond,
Virginia on Friday, November 22nd, 2019, whereas the team has dominated with the three-
set sweep winning the first and third set, 24, 25, 14. In the second set, 25, 12, and whereas
this victory is the team's 12th overall State title in the past 13 years, and whereas we
welcome the team's head coach, John Senchak, to receive the proclamation on behalf of the
Loudoun County High School Girls' Volleyball team.
Therefore, the Mayor and the Town Council of Leesburg, Virginia do hereby congratulate the
Loudoun County High School Volleyball team for their hard work and dedication by winning
the 2019 Virginia Class 4 State Championship, proclaimed on the 28th day of January 2020.
I will be taking that over to the school later in the week.
Our second proclamation is for More Than Peach Project.
This is in recognition of the More Than Peach Project, whereas the Leesburg Town Council
would like to recognize Belen Woodard, an eight-year-old, fourth-grade student that created
the More Than Peach Project, whereas More Than Peach Project came about after Belen
had asked all school year for the skin-colored crayon and was assumed by her peers that
skin color meant peach, and whereas Belen happened to be the only African American in
her class and wanted to do more to make sure that her fellow students realized people come
in more than one color, and whereas Belen wanted to educate her fellow students and to
ensure that no student in school felt left out, and whereas the More Than Peach Project is
now sponsored by the local nonprofit in the 501(c)(3) Loudoun Diversity Council, and
whereas Crayola recently supported the project by sending items from its multicultural line
which Belen will donate to the kids at Evergreen Mill Elementary, whereas the mission of
More Than Peach Project is to welcome the authenticity of all students and to support the
creativity of students at home and school and to advance enrichment opportunities.
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Therefore, the Mayor and the Council of the Town of Leesburg in Virginia hereby
congratulate Belen Woodard for creating the More Than Peach Project and wish her
continued success in her future as a student role model, proclaimed this 28th day of January
2020. We will be going down to give this proclamation to Belen in just a few minutes.
Our third proclamation is supporting the Leesburg Jewish community, whereas Leesburg
acclaims and celebrates our Jewish community, and whereas the Leesburg Town Council
recognizes the numerous contributions of Jewish Americans to the Leesburg and Loudoun
County, and whereas Rabbi Abacca, a great Jewish scholar, declared that the central
principle of the Torah is, "To love thy neighbor as thyself," whereas Jewish Americans have
repeatedly demonstrated their dedication to this commandment, helping the downtrodden
and pursuing justice, sanctified in the name of God and embodying the best of America, and
whereas the US Jewish community is experiencing near historic levels of antisemitism,
including the doubling of antisemitic assaults and the single deadliest attack against the
Jewish community in the American history in 2018, whereas the attacks on the Jewish
community continue in 2019 and those attacks are a great concern to the Jewish community
all over the world, and whereas the attacks caused many in the Jewish community to despair
and fear for their safety, and whereas we welcome Rabbi David Greenspoon to accept the
proclamation on behalf of the Leesburg Jewish community. Therefore, the Leesburg Town
Council denounces any and all antisemitic attacks and wishes to assure the Leesburg
Jewish community that we recognize and value their contributions and appreciate all people
within our community, proclaimed this 28th day of January 2020.
If you all would come down and join me as I give these out. Thank you. Let's start with you.
[chuckles] All right. We are going to start our first proclamation. It is for Rabbi David
Greenspoon in supporting the Jewish community. We want to thank you very much for being
here. Why don't you come over [laughs] and join us? [laughs]
Rabbi David Greenspoon: Thank you.
Mayor Burk: Yes, that's great. Right here is fine. We as a collective body have been very
concerned about the things that are going on in the community, in other communities. We
want to make sure that they don't start happening here. We wanted to make sure that you
could convey the message to your community that we appreciate everyone in Leesburg. We
appreciate the fact that we do have the diversity and the different religions, different people
and different cultures. That's very important to us here. We're honored to be able to give you
this proclamation today. I know you probably have a few words that you would like to say.
Rabbi Greenspoon: Thank you.
Mayor Burk: Yes. [laughs]
Rabbi Greenspoon: They're brief. They're brief because they're written down. I'm grateful to
the Council and especially Mayor Burk, whose outreach and concern and sympathy for
solidarity with the Jewish community in Leesburg during the violence spate of antisemitic
attacks over the Hanukkah celebrations. It's noteworthy that this week, we've
commemorated the 75th anniversary of the liberation of the death camps Auschwitz-
Birkenau. This week is also then International Holocaust Remembrance.
As a member of the Jewish community, as a human being, I can tell you that the hate
unleashed by antisemitism might start by targeting Jews. Ultimately, it is absolutely
indiscriminate in the victims it claims. There is, unfortunately, no single source for this most
ancient hatred. It is found on the political left and as well as the right, in prestigious
academies of higher learning, and in the most revered of our various sacred spaces. It is
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found in the neighborhoods of all types. In the matter of its provenance, the response to this
hatred must be absolute and unequivocal in its rejection.
The 40 Muslim leaders who made a sacred and solemn visit to Auschwitz this week have
expressed in the form of our truth. The other 50 world leaders who came to Jerusalem this
week for the International Holocaust Remembrances have also affirmed this truth. A Jewish,
Muslim, and Christian delegation who met with the Pope this week have affirmed this truth.
Now, the Town Council in the Town of Leesburg affirms this truth as well. I'm deeply grateful
and thank you for this proclamation and the opportunity to accept.
[applause]
Mayor Burk: Now, we have-- Is this still on? Okay. Belen, would you like to join us? [laughs]
We are very excited that you're here today. This is fabulous. [chuckles] We would like you to
explain what is the Peach Project so people can understand it and what you've done
because you're so young and to be so aware of what's going on and to find solutions is truly
impressive. We are very excited that you're here to share this with us. Would you talk about
it?
Bellen Woodard: My name is Bellen Woodard. When I was in third grade, I had a friend.
One day, they yelled if anyone had a skin color crayon. I knew what they were referring to,
which was the peach crayon as it was just our name for it. That day, I went home to my mom
and I told her. I asked her, "Do you know what my friends are referring to when they are
saying the skin color crayon?" She answered, "No."
I told her, "Well, it was the peach crayon." My mom said, "Well, our skin color is brown, so
how about you give that to them next time?" Instead, I said, "No. Next time, I'm going to ask
them which one they want because it could be a lot of colors." More Than Peach is about
letting kids be kids and give them the best options. We just were collecting crayons and
colored pencils from the multicultural line from Crayola. We're getting 180 donations, I think,
for 180 kids.
[applause]
Mayor Burk: Fabulous. I've been saying your first name wrong. How do you say it?
Bellen: Bellen.
Mayor: Bellen? I'm saying Belen. I'm sorry. Bellen. [laughs] We want to congratulate you
and give you this proclamation. I have a feeling that you'll probably be back for others
because I got a feeling there's more going on there. [laughs] Thank you very much for
coming.
[applause]
Mayor Burk: Besides her mom and dad, her principal from the school came and joined her
today. Thank you all very much for being here. That's it.
[silence]
Mayor Burk: All right. We have two presentations tonight. We have the Visit Loudoun
Annual Presentation. Beth Erickson is here from Visit Loudoun to tell us what's going on in
regard to tourism.
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Beth Erickson: Good evening, Town Council. If I may say, Rabbi Greenspoon [inaudible
00:15:38] thank you very much. And Bellen, you are amazing. You gonna be a rockstar. I'm
so proud of you. That was awesome. Awesome.
[applause]
Beth Erickson: It is absolutely my pleasure to be with you again to give you a six-month
update. We are coming before the Town Council twice. This is our six-month update and I
have so much good news to share. I'm always trying to figure out how to use this, so I will-- I
think I got it. Hang on. All right. The key items that we are working on or that I'll be going
over with you is to give you an update on the direct sales performance from the Visit
Loudoun team.
We're going to talk a little bit about some joint bid submissions. This was our first year that
we have worked very closely with the Town Council and Economic Development staff on
going after some significant pieces of business. I want to talk to you a little bit about that. I
want to share with you some fantastic Leesburg media wins because that's always a lovely
thing to see. We're going to give you a few other updates and then I'm going to give you a
brief update on the report card of what we've been doing through our MOA.
Direct sales results this year have been a fantastic story to share with you. We have seen a
6% increase over prior year, so a little over $1.1 million in direct revenue to our hotels. I want
to make sure that I specify that this is incremental sales. The hotels themselves do their own
sales and outreach. This is the business that Visit Loudoun has touched with our fingerprints
on it. Our sales team has sold over 10,000 room nights, which is an increase of over 4%
over the previous year. I'm very proud of their work.
We've seen occupancy grow in Leesburg by 6.2% year-over-year. You'll notice that the
average daily rate has increased about 1%. Again, our average daily rate over the last
several years has been growing steadily. These are all good strong indicators. The
occupancy is exactly what we want to see. From these activities alone, looking at our
average daily rate. For the year, we are estimating that we generated close to $90,000 in
incremental TOT for the Town.
Bids with Leesburg. Again, as I've mentioned, these were some of our very first. I've got a
little mixed bag to share with you. One of which is we've been working very closely with Ion
as a part of both a new important part of our product. Also, as outlined in our MOA, we are
really working very hard and it's my job to give you an update on how we are supporting
them. MYHockey has been a program that we have moved into Ion.
They are seeing multiple tournaments that are multi-day tournaments. That's been a great
input. We also went after our very first two US skating bids. The Mayor has supplied letters
of endorsement for us as we went after them. Synchronized skating and one of the figure
skating events. We were not successful in those bids. The fact is for a brand new product
and for a brand new facility coming online, we were really thrilled by both the way that the
presentation came together.
I want to always make sure that I say that Russ and his team are a huge part of that, making
sure that we put our best foot forward. I know great things are going to come as we continue
to go up to bat and swing. I couldn't figure out a really good figure skating analogy. One of
our best wins that I am most excited about, and I know that you know, that we have worked
together to bring the Virginia Municipal League to the Town of Leesburg.
The very first time in its history that it is coming to a town. In my opinion, it is very fitting that
it is coming to the largest town in the Commonwealth of Virginia. We cannot be more proud
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of that. We're going to be working very closely with staff as we develop some really fantastic
programming and wait to see that incredible economic development impact that we know
that is coming. More importantly, it's a great place and a great opportunity for us to
showcase Leesburg to the rest of the Commonwealth.
Under some key media wins, I did bring copies of the Southern Living-- Oh, we are moving
and I'm not quite sure what's going on here. Hang on. There we go. I did bring for you a copy
for everybody of the Southern Living that we have. I don't know how many of you saw that.
The Southern Living Christmas edition is the top edition of Southern Living's publications.
We actually started working on this a year ago.
We worked very closely with Russ and Melanie and the business community to make sure
that they knew that the Southern Living photographers were coming in. We worked on
having them visit our businesses. Fantastic results, print on only as 2.8 million readers.
Online, an additional 1.8 million. I estimated that ad value pretty close to $270,000. I will say
what I love through the power of Facebook was when I saw that Martha Stewart retweeted
the story.
As she said to her 1.5 million readers-- We keep moving forward. My apologies. "A trip to
this Northern Virginia town needs to be on your holiday to-do list. (through Southern Living)."
Again, a link directly to the Leesburg article. Martha Stewart, I know, has been here in the
past and that was a great shout-out directly from somebody that has a very rabid and
passionate following.
Other media wins I just wanted to bring to your attention, tell you a little bit about some of the
other markets that we go after. Smart Meetings is a really important way for us to make sure
that we are utilizing all that Leesburg has to offer. You'll notice as we talk about, you'll see
some of the areas that I've called out. These are some of the businesses that we talked
about everything from team-building exercises to restaurants to visit when you're here, to
places to get a great drink in Leesburg for team-building.
You'll see some of those identified. Another one that we're very pleased about was a student
tour group magazine that we worked with, specifically with the Marshall House, to talk again
about really important and engaging fun ways to have kids get interested in history. We
continue to work very closely with Tom and his team at the Marshall House. These were,
again, a couple of examples. Delaware Today, "Four Weekend Getaways Within Four
Hours."
The images that you'll see in addition with the copy is, of course, The Wine Kitchen and
Lightfoot Restaurant. We were able to bring in and ring in the New Year with a special
segment that came up very quickly during the holidays. It was their Fox 5's focus on the New
Year. We did a full day or a full morning of programming, had four segments at Chefscape.
Really fantastic.
It was a way for us to focus on some of that other additional product that we find at the
Villages and around, but we were able to really highlight all of those businesses and
experiences. A couple of other quick updates. Economic Development engagement. As
we've mentioned, we work very closely with Economic Development on many, many levels.
We've run some specific reports for them.
As we look at it again, that occupancy of some of our hotels. We know that some new hotel
developments are going to come online. We work very closely with the Economic
Development offices to make sure that any developer who's interested has the information
they need and the best story for us to tell to help bring that business here to Leesburg. We
are on track with our deliverables.
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Last year, when I presented before you, we had developed a report card where we went
through line item by line item of everything that's just within the MOA. Halfway through, we
are spot-on in exceeding in some of them, so we're in great shape. We've been working
closely with the Commission on Public Arts. We started meeting with them back in October
to take a look at a prioritized list on how to help support the arts here in Leesburg. I know
that they're working and we'll be coming back before you with a logo.
Once that is developed, we are ready to go. We're very pleased to be working with them to
bring the Virginia Museum of Fine Arts Art Mobile here to Leesburg. We're continuing to
move forward on that. As a part of our strategic plan, we are launching our Certified Tourism
Ambassador Program, where we're going to be able to work with Leesburg businesses on
training both from a customer service standpoint, but also to help direct visitors throughout
Leesburg and throughout the entire County.
Because we know that the longer that anybody stays within a destination, the more money
they spend. More importantly, anybody that's directing that person to the visitor needs to
have experienced these assets themselves. The Certified Tourism Ambassador Program is
a great one. We're really excited about that. I will be back before you in November to give
you a full market report of what's happening within the entirety of Leesburg from an
economic development and tourism perspective. With that, I'm happy to answer any
questions.
Mayor Burk: Thank you. I appreciate the information. Is there anybody who has any
pressing questions at this point? Mr. Campbell.
Council Member Campbell: Yes. Thank you, Beth. I always appreciate the report not just
because it's good, but I think because it's complete. Your staff, always a pleasure to work
with. Like anything else, it's more that we can do. I'm not talking about you. [chuckles] I'm
not talking about deficits or complaints or criticism, but opportunities. You don't have to
answer just now. At some point, what can we do to help better improve the results as a
Town Council, as a Town as we work with businesses. Sometimes even a list of suggestions
from you and your staff, I think, would be welcomed to help make these results even better
because they don't happen by themselves.
Beth Erickson: Of course. I will say that you're spot-on in that respect and we have
wonderful support from the Town Council. When we've been going after bids, the Mayor has
been right there. The staff, we have a really fantastic working relationship with the Town. I do
think that that's coming out with those results. As we look forward on that, over the course of
the next few months before the November presentation, I'd be happy to think about some of
those opportunities. Thank you.
Mayor Burk: All right. Thank you very much. I appreciate you being here.
Beth Erickson: My pleasure.
Mayor Burk: Next one is the Commission on Public Arts. Mr. Lorrig, you're going to be the
presenter tonight.
Jeremiah Lorrig: Thank you. Before I really get started, I want to take a quick moment to
thank you all for your service to our Town. I love living in Leesburg and I love seeing so
committed public service sitting in front of me today. You all give of yourself, I know, in
countless ways and I'm really grateful for that. I hope that my presentation will be a brief,
relaxing experience where you can see a little bit of the way that culture can have an impact
on people and maybe give you some ideas for the future.
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My name is Jeremiah Lorrig. I always forget to introduce myself, so I just handwrite it into my
notes. I live here in Town and I'm pleased to be here. I think I've met all of you over the
years at various times. I was remembering. I think the first time I met you, Mayor, was in
2008 at a church something that I was at. You were there and I went and introduced myself
to you. Now, you're Mayor.
Mayor Burk: That's true. [chuckles]
Jeremiah Lorrig: A lot changes [chuckles] in 12 years. 12 years? Whatever. All right. I'm
pleased to serve on the Public Arts Commission. I've been there for almost three years.
We've been working on this project that we wanted to run by you as an idea for expanding
opportunity for art in Leesburg. Let me go ahead and go to the first slide. This is my goal.
Our goal is to encourage public art in the Town of Leesburg, to attract more visitors to
Leesburg, which goes in line with the previous presentation, increase local business traffic,
increase local traditions, and grow positive social media posts about Leesburg.
That's what this is all about. To do this, we asked the Town Council to review and reform
policies to allow private murals to enable the community to express the culture of the Town
through private art. This has been successfully implemented in various historic districts and
towns to the betterment of both commercial and cultural interests. What I want to do is ask
the question, "What do murals do? What can they do?"
What I did, you could see here on the slides, I've picked murals that are culturally relevant to
Leesburg in some way. To give you an idea of what could be, none of these are in-- Actually,
one of them is in Leesburg, but most of them aren't in Leesburg itself. I think they could
show the kind of direction that private murals in Leesburg could do. One is a sign of
community. You can see this one is from Richmond. This is a mural from Richmond that
hearkens to the history of the town, right?
This one here, I couldn't find the source for where this particular mural was. We know that
we have a culture that revolves around the agrarian part of our community. So the horse
country. That's something that's very real in this area of the country. Murals allow community
to express their sense of place in culture while also attracting others to visit and remember
where they have been.
A lot of people can come to Leesburg, but it would be really cool to have them take a selfie
in front of a mural and remember where they've been, right? Make it a positive experience.
Here's another one. This one is from Conway, South Carolina. It highlights their town's
connection to the railroad. That's another thing and we have a W&OD railroad that was
going right through this area. This is something that our Town could express a little more of.
Here's another one from Manning, South Carolina. It shows an agrarian scene, but it also
has a little bit of a twist. You see the modern construction worker looking back into the
history, showing what's behind the wall. There's ways that we can connect the old and the
new together. This is highlighting local culture in history. We have some examples from
around us. This one is a new mural from Purcellville and you can see there is a welcome to
town.
It's something that they recently unveiled. It got some news coverage and it's now a piece of
Purcellville. A policy that the Public Arts Commission has been working on draws heavily
from the policy that was put together by the Purcellville government to allow private murals.
If this is something you guys want to move forward on, we will be happy to share that
research and those notes with you.
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Here's something from Leesburg, the one I mentioned in Leesburg. This is from Chefscape.
This is really interesting because it's a mural that is becoming a fixture in Leesburg, right?
It's a place that features a mural by a local chalk artist. It’s become a place where people will
take selfies and engagement photos. It's ingrained itself already in the short time as a place
to be and a place to visit. We think that we can capitalize on that by expanding that.
Here's something from Cumberland, Maryland. It highlights the historic town. It takes what
would otherwise be a concrete building, just slate concrete, and turns it into a scene that
shows the historic street of the town, making it a much more engaging and pleasant view.
Here's another one from Richmond highlighting music. It's a trumpet with birds. Very friendly
to the eye, right? All of these, I really liked how they fit into their local community.
I think that that's something that we could navigate the process to make sure we came up
with a final policy that does that. Here's something from just down the street in One
Loudoun. People love it. It's the balloon mural. People will go and find ways to pose with this
mural and become a part of the art themselves. It brings people there. It's a fun thing. It
takes a photo op. It's something that we think could attract visitors and business to our
Town.
This is one of my favorites. It's so cute. This particular one, you can find on Pinterest
everywhere. Everybody likes bringing their cute little daughters especially, but you'll see lots
of people come and pose in front of this. In fact, Taylor Swift did an album with this as the
cover, I think. I don't listen to Taylor Swift, so I honestly don't know, but I Googled it and
that's what it said.
[laughter]
Mayor Burk: We don't need to confess. [laughs]
Jeremiah Lorrig: Yes. I wish I understood music more or listen to more music. This is
something that when I-- Actually, the day I was putting together this PowerPoint, one of my
students posted this picture of herself in front of a mural in her town. It's a donut store that
just wanted to put something up on their wall and this is what they did. It's just very simple,
but I loved it because it just highlighted several things. She posted this on Instagram. This is
literally the screenshot I took from my Instagram where it's her.
This is highlighting her community. You can see, it has the name of the restaurant up there,
Mama Crockett's Cider Donuts. You can see her comment there, "I love this season and I
love this city." It's an opportunity for real people to engage. This is just, like I said, one of my
students. She posted it online and a hundred people like it. People are seeing it because
she wanted to take a photo there. I think that's the kind of earned presence that art can bring
to our town. It can be shared on Facebook, Instagram, all these different things here.
This is the close here and here's the end. This is our proposal. In conclusion, we're asking
the Town Council to direct the Town staff to explore the revision of policies that allow private
murals in the Town of Leesburg. Revised policies and guidelines can continue to make
Leesburg a destination for tourists to explore our Town while giving muralists the opportunity
to display the culture of Leesburg. If you have any questions, I'd be happy to answer those,
but this is the idea. We'd like you to consider it.
Mayor Burk: All right. Thank you very much.
Jeremiah Lorrig: Thank you.
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Mayor Burk: I love some of the murals you picked out there. Does anybody have any
questions at this point? Mr. Steinberg?
Council Member Steinberg: No questions, but thank you for your presentation, Jeremiah. I
think a COPA is one of my favorite commissions and certainly one of our important ones.
Jeremiah Lorrig: Keeping busy.
Council Member Steinberg: Very busy. I see this as a plus for the Town. As we work
through the process of maybe making this happen, then hopefully, COPA is working on
developing an inventory of potential canvases that might be suitable for this kind of public
art. Thanks for your time.
Jeremiah Lorrig: Thank you.
Mayor Burk: All right. Thank you very much. Appreciate it. Our next item is the Regional
Commission reports. Does anybody have any reports from Regional Commissions at this
point? I have two. The Town Association of Northern Virginia Mayors met on, I think,
January 16th in Herndon. We heard from the Fairfax County Economic Development
Director on a new association that's being created in the Northern Virginia jurisdiction in
response to Amazon moving to Northern Virginia.
Our EDC director politely, much more politely than I did, pointed out that there was no
outreach or attention to the towns. They have a large logo and a marketing campaign with all
the counties and all the cities in the jurisdictions, but none of the towns. That was discussed
at length. They will come back to the group, hopefully, to change their advertising and logos
to include all of the towns within that jurisdiction.
This is a huge opportunity for the towns to be able to outreach as people are coming with
and for Amazon. The second was the COLT, which is the Coalition of Loudoun Towns, held
the reception for the Board of Supervisors on January 22nd at Side Bar. It was an
opportunity to get to know the Supervisors. It was very informal. It was a lovely event and we
are very proud that so many of the Supervisors came and felt it was very much worthwhile.
Since I'm the only one that had the report, that takes us then to our petitioners. The first
petitioner is Mr. Joe Newcomer. Okay. I'm sorry. I didn't open it. You can go to the mic. I just
have to say a few things. Sorry. You can go. [laughs] I got ahead of myself here. We can get
over here. Okay. We're going to do it from this-- Where's my agenda? It's not in here.
Eileen Boeing: In the very front.
Mayor Burk: In the very front. Okay. One of the first orders of business is to hear from the
public. All members of the public are welcome to address the Council on any item, matter or
issue. If you wish to speak, we ask that you sign up at the podium. We also ask that you
would identify yourself. If comfortable doing so, give your address for the tape's record. We
are asking any public speaker will state your name and spell it for closed captioning. That’s
been a little iffy. We haven't been doing it all the time.
If you could state your name and spell it, that would be very helpful for closed captioning. In
the interest of fairness, we ask that you to observe the five-minute time limit. The green light
in front of you will turn yellow at the end of four minutes, indicating that you have one minute
remaining. At that time, we would appreciate your summing up and you'll be on the floor
when the bell indicates your time has expired. Under the rules of orders adopted by this
Council, the five-minute time limit applies to all. The first name is Joe.
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Joe Newcomer: Good evening. It's Joe Newcomer, N-E-W-C-O-M-E-R. I'm from Vermillion
Drive there in Potomac Station. First, let me say I've been little out of sorts for a while. I'm
doing some house maintenance and recovering from hip surgery. I really haven't had time to
talk to anyone on the dais. This is, I think, feedback from myself, my neighbors, friends that
we have dinner with, go to a winery or brewery. This is a conglomeration of multiple
people's observations. I think we'll start this off with, "If you don't have anything to say nice
about someone, don't say anything at all." I don't know. You guys were a family and families
fight. I get it. I got three younger sisters. Sometimes we get along, sometimes we don't, but
you keep your dirty laundry in the house. You don't write it in a letter. You don't send it to the
newspaper.
If you have problems, you work it out internally. What at least some perception of some of
my friends are is that there's dysfunction, there's infighting, and it's unbecoming of Town
Council. I'll close this with, "Do unto others as you would have them do unto you." Please
don't act like children. Grow up. Fix your problems and keep it in house. Have a good
evening.
Mayor Burk: Thank you. And I was right. [laughs] The next speaker is Mr. Al Van Huyck and
Julie Boathouse. Bolthouse. Sorry. Julie, there you are.
Al Van Huyck: Thank you. I'm Al Van Huyck, V-A-N, H-U-Y-C-K. I was nervous about
spelling it. I haven't spelled it a long time.
Mayor Burk: [laughs]
Al Van Huyck: I'm from Round Hill. I have a 50-year residency here that I've been shopping
in Leesburg and participating in County/Leesburg relationships. I'm going to really start off a
little bit from where Joe just left off because I've been reading in the paper too about the
debating and this question about the sewer. I'm here to suggest to you, it's the wrong
question being discussed at the wrong time.
Regardless of the outcome, and I'm not here to judge that, it contributes little to the decision
before the County and the Town. Namely, is the project good for Loudoun County and good
for Leesburg? The pending project is not supported by the Loudoun 2019 Plan we were
involved in as a stakeholder. It's clear that it's not part of the Rural Policy Area Policies to be
preserved. There should be no further conversion in the Rural Policy Area land to more
dense residential uses.
Now, the County has already indicated that. As you know, they have court cases going on
that are going to come up in May. Therefore, the Town's decision on the sewer service
regardless of your final position should not be taken at this time as it would suggest that the
Town is favoring one side or the other in the County court case. The major issue will be the
impact on Leesburg of this project.
You need to study that question because if the project is actually built as presently
contemplated, it could adversely affect the traffic pattern and volume on Childrens Center
Road and Catoctin Circle. It could affect the future of the Monroe Tech site as to what is
appropriate. It could affect the quality of life for the neighborhood. It could actually negatively
affect Rust Sanctuary, which is a very valuable asset that we all have worked so hard to
protect in the County.
It could also modify the experience of the W&OD Trail, which runs on the edge of the site.
Loudoun and Leesburg have reached the level of development which requires future
development to be carefully considered as to the total impact on the Town and the County
and the quality of life and the preservation of historic environmental and recreational assets
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that make this place unique. The pursuit of any development that produces just taxes and
fees but undermines the very qualities which makes Leesburg and the County special and
sought after needs to be avoided.
I'm not here to take a position. I'm here just to emphasize what Joe just said. It's important
now particularly when you have so many other big issues that you're negotiating with the
County that you come together as a team. I urge the Town Council to abandon this sewer
line debate until the County court cases have been resolved and the potential impact of the
Graydon Manor project can be fully assessed by your Town Planning Department. Thank
you.
Mayor Burk: Thank you, Mr. Van Huyck. Julie Bolthouse followed by Teresa Minchew.
Julie Bolthouse: Good evening, Council Members. I am Julie Bolthouse. I'm a resident of
Leesburg. I live at 410 Madison Court. I'm also the Fauquier representative for Piedmont
Environmental Council. I want to bring two issues to your attention. The first one is a regional
issue. I sent you an email about it earlier today and I want to thank Neil for responding. I very
much appreciate that. The fill dirt issue. This is fill dirt that is being dumped in rural areas.
The reason I'm bringing it to your attention, no, no one's dumping dirt in Leesburg.
Mayor Burk: Some.
Julie Bolthouse: Some of it, not a lot of it. Some of it might be coming from Leesburg. The
problem is we don't know where a lot of it is coming from. Some of it is coming from VDOT.
We follow trucks to see that it's actually coming from VDOT. What these bills do is they
recognize that there is a regional issue with disposal of fill dirt and that we need to form a
workgroup with everybody there.
It includes the development industry. It includes all the State agencies, everybody at the
table and, of course, environmental nonprofits and affected localities. I hope that Leesburg
can support it because it is very important to have some urban localities at the table in
saying, "Hey, we want to, in the name of collaboration and teamwork, recognize that some of
our surrounding rural areas are getting impacted by this." With that, I want to bring up a
second issue. Graydon Manor.
Recently, the issue of Graydon Manor has been making headlines in our local newspapers
drawing my attention as a resident of Town. It is my understanding that the County has
stated that the co-housing aspect is not a correct use of the Rural Policy Area where the
property sits, nor is it in the Joint Land Management Area. It is not a part of the Leesburg
Comprehensive Plan. This is important because a Comprehensive Plan for the County and
for the Town is the guiding vision for zoning and development.
They are created through a public process where citizens are given guidance and
encouraged to provide input and staff do an analysis of the infrastructure and financial
implications of different options and a final plan is adopted through a public process, which
includes public hearings. This is not a site that has been considered for additional
development through that process or infrastructure expansion.
To me, just reading the newspaper, it sounds like the Town is being bullied into putting the
interests of a single property owner over the public interest. I am also opposed to the Council
making a unilateral decision that will eliminate the value of any public input process
regarding the appropriateness of this development at this site and the impacts to
surrounding neighborhoods. If you've already decided to expand the lines and accept more
sewage for this site, then you've already approved the development without a single public
hearing. Thank you.
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Mayor Burk: Thank you, Julie Bolthouse. Teresa Minchew followed by Gem Bingol.
Teresa Minchew: Well, good evening, Madam Mayor, members of Town Council. My name
is Teresa Minchew and that's T-E-R-E-S-A, M-I-N-C-H-E-W. I live at 330 West Market
Street. I've been honored to serve the town as a commissioner for the past 23 years, either
as a member of the Planning Commission or the Board of Architectural Review, but I'm here
before you tonight as a 28-year resident of a 300 block of West Market Street. You know it's
important because the number of times you've seen me come before you in 23 years on my
own is probably less than one handful.
As you do know but others may not, Town staff has been diligently and responsibly working
on improvement plans for the 300 block of West Market Street for several years. The
impetus for the project was the need to find a fix for the ill-designed stairway and steep
grade alongside the sidewalk in that area. I wanted to recap the scope of the project
because I want you to consider the specifics of the project, not the general idea of it, and
consider whether it should continue in its current form or if some time should be taken to
really take a look at whether it should go on the way it's currently structured.
The current scope of the project includes lowering the sidewalk at Ayr and Market down to
the existing road grade, thereby eliminating the stairs and the associated steep incline down
to the road, widening the sidewalk of the entire block to be five feet wide, which necessitates
raising the street in the middle of the block, literally raising the street to create enough space
for the extra foot-wide sidewalk, building the widen sidewalk in brick with a concrete border
as mandated for the H1 overlay by previous Town Council, building a retaining wall on the
property at the northeast corner of Ayr and West Market to accommodate the great change
created by dropping the road as well as adding a railing on top of the new retaining wall.
By the way, the extent of these walls and the railings is really unclear because the Town
staff has not yet been to the BAR to seek approval for any visual alterations to the block in
general or this area in particular. Adding curb and gutter on the north side of the entire block,
adding a four-foot-wide paved shoulder on the south side of the street getting approximately
a third of the way down the block approximately in front of 320 West Market.
Where this paved shoulder will end is unclear, though the implication is that it will end up the
historic parting of the ways at the western corner where Market meets Loudoun. Rebuilding
and extending retaining wall at the Morven Park Road end of the block as it has been
determined that the current location of that driveway entrance should be moved away from
the corner in the interest of safety. Again, we don't know how big that wall will be or what it
will be. They haven't been to the BAR yet. Replacing and adding trees and other
landscaping to replace those that might be damaged or removed and possibly to mitigate the
impact of some alterations.
Finally and most recently, replacing the aging water main beneath the street. I think there
are several parts of this well-meaning project that bear revisiting. For instance, do we really
need a four-foot-wide shoulder paved or not when it will only be on a small portion of this
block? There's no shoulder on West Market Street to the west where sidewalk improvements
have already been completed.
Does having a five-foot-wide rather than a four-foot-wide sidewalk on this stretch of this
street justify the breathtaking cost and extensive disruption which will be required to literally
raise the street? If we're going to go to the trouble to do all this for accessibility reasons,
should the sidewalk be built in brick with all its known issues for the elderly and others? A big
concern for many people is, what are the well-known and widely accepted consequences of
visually widening a road that already has a serious problem with speeders who hit the
accelerator on their way out of town and fail to decelerate on their way in?
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Just one more example, but I think the one that you all might want to pay the most attention
to, shouldn't we be addressing the terrible blind spot for pedestrians and cars at the Ayr
Street end of the block? Once the new water main is in, any changes to that end of the road
won't happen for a generation. I hear all around Town that everybody supports this project
because they think, "Fix that staircase," which should be fixed. Everybody thinks you're
fixing that blind spot in the road. That is not happening. That is not part of the project. Please
know I'm not against well thought out improvements undertaken following a holistic analysis.
This project has some of that, but it raises so many questions that I urge you to hit the pause
button on it before it goes out to bid, which I understand will be by the end of this week.
Anyway, thank you for listening and thank you for all you do. I understand the scope of what
you do and very glad it's not me. I have copies of these remarks should you want them.
Mayor Burk: Thank you, Ms. Minchew. Gem Bingol.
Gem Bingol: Good evening, Mayor Burk and Town Council Members. My name is Gem
Bingol. Gem, G-E-M, B-I-N-G-O-L. I live at 1508 Shields Terrace in Leesburg. I represent the
Piedmont Environmental Council in Loudoun County. I spoke with you back in the fall and I
wanted to come back again to the point that there's a lot in the papers regarding the
Graydon Manor parcel and issues around it.
I wanted to focus on the planning-related concerns associated with the topic that ends up
taking front and center instead, which is the sewer line. From our perspective, land use
planning is where the focus should be and I wanted to share that with you. I sent around the
maps because I think that one of the early things that is very helpful is looking at the maps,
looking at the context.
The first map on top is the larger picture of the town and the zoning surrounding it as well as
the parcel on the west side of the town. Closer up, you'll see the Rust Sanctuary conserved
parcel next to the Graydon Manor parcel, the Town and then the County outside of it. The
parcel is 131 acres and it sits in the AR1 rural planning area at maximum residential
capacity. According to the way that the County has interpreted the Zoning Ordinance
throughout the history of the current plan is that it would accommodate 26 houses clustered
with at least one rural economy lot of a minimum of 15 acres, 26 houses. This land is not in
the JLMA. It's not in a designated growth area of the Town. Any attempts that I read to
equate utility expansion here with the utility expansion and plans in the JLMA is a false
equivalency. There are two different planning areas, two different goals, et cetera. Those are
the specific zoning regulations for the parcel, but there is no application to review. Talk of
250 tiny houses, which are inconsistent with the Loudoun Comp Plan, a winery and a
brewery. Without a specific application though, there's no way to analyze accurately any
potential impacts, whether it's sewer, traffic, noise or anything else. Any decisions around
these issues aren't grounded in the facts of the matter on the table, or not on the table really.
Even more particularly because you are there to represent and take care of the perspective
of the residents of the Town of Leesburg, you really can't judge that either without something
specifically in hand.
I am echoing what you heard from others, that the timing is wrong to be talking about issues
that relate to Graydon Manor when the court case hasn't been heard, no decision has been
made on the zoning and what is appropriate, and there's no application on the table. Also,
we have a lot to worry about in Leesburg already without thinking about outside the Town. I
heard today, I do not know if this is accurate but the source was pretty reliable, that we have
4,000 units in the pipeline for the Town of Leesburg. If that's anywhere close, that's a lot, and
you have a lot on your plate, so I appreciate your consideration. Thank you.
Mayor Burk: Thank you. Gem Bingol was our last speaker, is there anybody that didn't sign
up that would like to have the opportunity to speak at this point? All right. Then I will close
15
the public hearing and try to find my agenda in all these papers. There it is. I closed the
Petitioners section already. I did that, yes. All right. We have two things down on the consent
agenda. The supplemental appropriation of the Jingle Jam concert proceeds to the Juvenile
Diabetes Research Foundation, approving a supplemental appropriation in the fiscal year
2020.
General fund operating budget of $2,820 of the Jingle Jam concert proceeds to be donated
to the Juvenile Diabetes Research Foundation and appointment to the Planning Commission
from Mr. Thiel, appointing Nicholas Clemente to the Planning Commission.
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Mr. Martinez. Second? Seconded by Council Member Thiel. All
in favor?
Council Members: Aye.
Mayor Burk: Opposed? That's seven-zero. All right. We have a resolution. The first one is
the Domestic Abuse Response Team Federal grant opportunity. Approving a supplemental
appropriation of $120,275 and the addition of a dedicated domestic violence protective
position pursuant to the Federal grant awarded by the Office of Violence Against Women.
Do I have a motion?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Mr. Martinez. Second? Seconded by Council Member Steinberg.
Is there any presentation on this one?
Town Manager Kaj Dentler: If Council has questions, yes.
Mayor Burk: All right. Does anybody have any questions on this? Mr. Dunn?
Council Member Tom Dunn: Just real quick. Do we expect the grant to pay for this position
on an annual basis or is it something that it may be here today, not available next year?
Chief Greg Brown: First of all good evening, Mayor, Council Members, Town staff. The
answer to that is yes, it's going to be paid for the next three years, it’s typical with a Federal
grant. There's a portion of money that will be given towards the actual grant. Then in 2023,
Fiscal Year 2023, should the Council choose to do so or Town choose to do so, they can
fund that position from that point forward.
Council Member Dunn: I didn't hear the very last part.
Greg Brown: In 2023, fiscal year 2023, should Council choose to continue to fund the
position, desire to continue to fund the domestic violence protective position, it'll be our
responsibility from that point. Federal grant actually covers it for the next three years.
Council Member Dunn: Is the annual amount the $120K, or is that the total?
Greg Brown: No, the annual amount is actually, in paperwork it's $80,275 per year for the
first year, and then goes up to $90,000 for Fiscal Year 2021 through 2022.
Council Member Dunn: That's the total cost for that position?
Greg Brown: No, they'll need to be an appropriation of roughly about $40,000 for us to
actually continue to fund a position through the actual grant timeline.
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Council Member Dunn: Of the three years?
Greg Brown: Yes.
Council Member Dunn: Okay. All right, great. Thank you.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: Campbell was before me.
Mayor Burk: Mr. Campbell?
Council Member Campbell: Yes, Chief, actually Council Member Dunn's questions were
some of mine, but my concern is and the reason why I didn't want this on the consent
agenda, because this is an important issue to talk about and not to look at lightly. I also think
it's bigger than a three-year issue. I appreciate the Federal funds but it also allows us to
make a commitment of $40,000 a year because the grant doesn't cover it all, and it's also a
position that shouldn't go away. Two things I'm wondering, and maybe Mr. Town Manager,
you can help me with this. One, I do believe that it should be a permanent position.
One is, maybe it's related to the grant why we wouldn't see this again in a long-term position
in a budget request. Then the strategy for funding the $40,000 with parking ticket fines also
troubles me, that we should expect that parking tickets will pay for an important part of a
growing Town in terms of a community response. Issues of domestic violence and sexual
assault are certainly not to be only if we can afford it. I want to know how we can give a
greater value and support to a position that would be embedded three years and then have
to go away. It doesn't make sense to me that we would do that. How do we plan on looking
at this position and this valuable part of any Police Department on a long-term basis?
Kaj Dentler: If Council approves the grant request, the staff will budget accordingly for that,
and then three years Council will have to make a decision to pay the full funding cost of the
position. What we will do to prepare for that is to provide the revenue sources that would pay
for that position, wherever that source will be. We will prepare to fund it, Council will have to
make that decision officially in three years. First, you're not committing beyond three years,
and in the third year, you'll make that decision if you want to continue the funding, unless
you decide to take action differently.
Council Member Campbell: Well, again, my question is about we need to make a
commitment, how do we do that? I'm not sure how the parking ticket revenue, even funded
for the next three years, is a firm enough base, so is there another solution or opportunity?
Again, irregardless of how consistent the parking ticket fines may be, that's not a source we
should be looking at for a number of reasons. The public may think we're only going to hand
out more parking tickets so we can make a number, versus the legitimacy of how we fund an
important position. I'm just asking for not in the future or future solution, but is there a
commitment we need to make now at least on a funding source basis differently.
Kaj Dentler: If Council wants a different funding source, we'll find that, so you don't have to
decide that tonight. We'll take care of that. You can identify that you wish your directing staff
to find a different funding source, we'll ensure that that happens, so you don't have to--
Mayor Burk: Is there a motion needed for that or are you going on?
Kaj Dentler: Let me check the resolution of how it's written.
17
Council Member Campbell: Well, let me finish my question to the Chief then. Chief, is this
an important-- not grant, but is this an important part of any Police Department, these
domestic violence positions and the interactions with victims and support for victim services?
I mean that's why we applied for the grant.
Greg Brown: Absolutely.
Council Member Campbell: Thank you.
Mayor Burk: All right. Are you finished at this point? We'll come back to you with the
answer. Mr. Martinez?
Vice Mayor Martinez: I have to agree with Council Member Campbell, I think this is
something that as we're growing larger and larger, these incidents are happening more and
we need some specialized resources to handle this. Definitely if that was a decision you
make in the next three years, to add this to your budget, I wouldn't have a problem saying
where we are with that. I think it would be a good asset, or at least at the end of the third
year you let us know that this is going to be continuing. My question is, under which
department or Captain is this going to be going under? Who's going to be handling this
position?
Greg Brown: The way we are organized right now is that duties of domestic violence, our
response to domestic violence is actually spread amongst all the detectives and what we call
general assignment. My former agency, we had an individual that was actually assigned and
they handled everything. I think now they have either two or three, so we're kind of behind
the eight ball when it comes to that personalized approach to making sure that victims
understand the resources that they have, understand that there are multiple sources of
resources out there for them. We have been doing it, but we've just been doing it in a
piecemeal fashion and we're just trying to increase our effectiveness and efficiency.
Vice Mayor Martinez: I assume some of the things you're going to be looking to do is liaison
with the different domestic violence groups that are in the Town and in the County?
Police Chief: We already are a part of DART and have been since 2004. The only thing that
we're doing here is taking advantage of the grant and expanding our interaction with them.
Vice Mayor Martinez: Okay. That's what I'm looking forward to seeing done and I want to
thank you for--
Police Chief: We're already a partner with them.
Vice Mayor Martinez: Great. Thank you.
Mayor Burk: Ms. Fox.
Council Member Suzanne Fox: Thanks. I have a couple of questions, you answered one,
you said that domestic abuse investigation presently is spread among all detectives. Do you
have any help from the Sheriff's department on that at all?
Greg Brown: Again, if you look at the paperwork here, we actually do take what we call a
coordinated community response approach. We actually approach domestic violence from a-
- how can I say this, from a victim's standpoint, so we work closely with the Sheriff's office,
closely with Juvenile Domestic Relations Court, closely with the Commonwealth Attorney's
Office as well as mental health, family services. So we take a collective collaborative
approach to making sure that we address the issue through awareness, through
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investigation, through victim services. To answer your question, we work very closely with all
of our partners under DART.
Council Member Fox: Okay. Refresh my memory, I know that there were several positions
asked for from last year's budget, is this one of those that you were seeking?
Greg Brown: No, this was actually something that we got thrown into the loop for at the end
of 2019, and just saw it as an excellent opportunity to increase the level of services that we
could provide to address this important issue.
Council Member Fox: This new position, it looks like there's a team aspect to this, is this
the beginning of a team you're trying to build?
Greg Brown: No, this team has been here in the County since 2004, which Leesburg has
been a part of since the inception.
Council Member Fox: Okay. Thanks.
Mayor Burk: All right. Mr. Thiel, did you have a question?
Council Member Thiel: All my questions have been asked and answered. I just want to
take this time to thank you and support you in your efforts to better the Town, all ages, all
ethnic backgrounds, I just want to applaud you and your department for the great work that
you've done and continue to do, so thank you.
Mayor Burk: Thank you very much. We have a motion by Mr. Martinez, seconded by
Council Member Steinberg. All in favor of the Domestic Abuse Response Team Federal
grant opportunity, say aye.
Council Members: Aye.
Mayor Burk: Opposed? That's seven-zero. All right. The next one is the appropriation of the
Fiscal Year 2020 for contributions to the Leesburg Volunteer Fire Company and the
Loudoun County Volunteer Rescue Squad. This is the appropriation of the Fiscal Year 2020
for the contributions to the Leesburg Volunteer Fire Company and Loudoun County
Volunteer Rescue Squad. I repeated myself. Is there any presentation on this one? Do I
have--
Vice Mayor Martinez: Motion to move.
Mayor Burk: Motioned by Mr. Martinez. Seconded by whom? Raising your hand doesn't do
it for me, you need to say it. Council Member Dunn. Is there any discussion in this one?
Council Member Campbell: Yes.
Mayor Burk: Mr. Campbell?
Council Member Campbell: Again, we have a situation. I just want to be clear on the
financial facts, and we committed that we'd have a three year phasing out, we committed
we'd take the money from the unassigned fund balance, and now we didn't have enough
money at the end of the unassigned fund balance. Are we hoping that we have enough at
the end of this fiscal year, and if we don't, what's our contingencies? I just, again, want to be
clear what I read in the staff report and if it's actually true the way I'm reading it.
19
Jason Cournoyer: Yes, you read that correctly. The FY19 did not have sufficient
unassigned fund balance to cover this. That was the intention of Council with the adoption of
the 2020 budget. We've identified debt service reserve, there's adequate balance in the debt
service reserve in order to make this payment for 2020, and again, if there is sufficient fund
balance at the year-end of 2020, our intent is to reimburse the debt service reserve, and
then reserve the remaining amount for the next year's payment, the final year of the phase-
out. It's the same intention, we're using debt service reserve as necessarily a bridge until
year-end of 2020, with the full intention to reimburse the debt service reserve.
Council Member Campbell: Then the financial problem with the Fire Rescue Squad goes
away. The intention is to fully fund the debt reserve back or we'd be missing money from the
debt reserve?
Jason Cournoyer: If there's adequate at year-end, we will reimburse the debt service
reserve, but otherwise, correct, we're asking Council to approve the appropriation of debt
service reserve with the hopes that we reimburse it at year-end 2020.
Council Member Campbell: This is a related question, what will that mean to our debt
service reserve if we can't pay ourselves? Are we less than AAA-rated?
Jason Cournoyer: No.
Council Member Campbell: I just want to know the full implications.
Jason Cournoyer: Absolutely. The debt service reserve was put in place, I want to say,
2014. We've only utilized it once since its establishment, it was last year, in order to meet
fiscal policy requirements. We haven't drawn it down so we're a little bit ahead of the curve
here. The debt service reserve with the current CIP is more than sufficient to handle the
additional debt service for the general obligation bonds programmed in the CIP. We would
not have recommended this as a source if there were any long-term implications of the
current CIP, or onward, with the debt service associated with it.
Council Member Campbell: Thank you. I thought so but I wanted to make sure we're not
doing these risky financial balancing acts. I know we weren't, but it's my obligation to ask
these questions just to make sure we're doing our fiduciary responsibilities of understanding
all the balances, because at the end of the day, it either comes back in the budget, what we
have and what we don't have, what we're trying to fund or what we're trying to look at
financing. I'm making sure we make these connections now, because none of these
decisions are in a vacuum. They all have a consequence somewhere down the road if we
don't make our money, which is why I don't like depending on parking tickets. Thank you.
Mayor Burk: Council Member Fox?
Council Member Fox: Could you please remind me, Jason, this is a three-year process,
we're in the second year of the three years, correct?
Jason Cournoyer: Yes, ma'am.
Council Member Fox: If I remember correctly from some of the budget talks that we had,
we had a $500,000 commitment, 133 or so each year for the Fire and Rescue. I was under
the assumption we're talking about the Fire and Rescue disbursement here and that's not
what I'm reading. Where are we getting the numbers besides the one-third of the second
year of the three-year commitment?
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Jason Cournoyer: It is a decrease of one-third. The $500,000 represents the total
contribution that we were going to reserve. It was going to be dispersed decreasing one-third
every year. This year represents essentially two-thirds of the contribution. Next year, the final
payment will be the final third, and then year three, there's no longer a contribution annually.
Council Member Fox: We didn't do anything last year?
Jason Cournoyer: We gave them their full contribution in FY19.
Council Member Fox: Not a third?
Jason Cournoyer: No, the full is 499 and change.
Council Member Fox: Okay, all right. Thank you.
Mayor Burk: Anyone on this side, Mr. Dunn?
Council Member Dunn: Thank you. Kind of a side question to this. I haven't heard back
anything about the contract with the Fire and Rescue, are we still working on that?
Kaj Dentler: We've been talking with them. We don't have a solution that they've agreed to
at this point, so we're continuing the conversations.
Council Member Dunn: Okay. Do we have a deadline for that?
Kaj Dentler: No sir, a lot is in their court.
Council Member Dunn: Okay. I think that, one, our reserve as we've set it, it's kind of high.
I know we had it lower in the past and I'm concerned though about dipping into it, but I'm
mainly concerned about us having to do this juggling act and I don't think we're going to be
done with it between now and the end of the budget cycle with other things, because when
Council made the decision last year to live on last year's money but spent-- or live on last
year's projections for bringing on staff, new staff in January, then we had to try and figure out
ways of being able to fund them, and in the coming budget, now we're going to have to fund
them for a whole year.
This is causing me concern because unless we are going to be able to find the money
somewhere, then I'm looking at potential tax increases because we brought in too many
people, and I'm seeing the results happening here and I can only point to overextending
ourselves at this halfway point. Does some of that have an impact on this?
Jason Cournoyer: The debt service reserve, the requested use of debt service reserve, if
there's nothing in unassigned fund balance, there's sufficient debt service reserve for out to
10 years of the debt service programmed in the CIP. We feel comfortable that this use of
debt servers reserve with the current CIP is prudent. Additions to CIP are going to have an
impact to that obviously in the out years.
Council Member Dunn: What I'm getting at, I guess, I probably wasn't clear, which is often.
We're having to go into this fund because of the undesignated fund balance which is being
used up to help pay for additional staff that we have recently brought in.
Jason Cournoyer: We did not utilize in on any unassigned fund balance for those staffing.
Council Member Dunn: That's just coming through general taxes?
Jason Cournoyer: Yes, sir.
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Council Member Dunn: Okay, do you see us being able to maintain that then for the
coming balance?
Jason Cournoyer: The proposed budget has the full year funding for those positions.
Council Member Dunn: Okay, home values are obviously going up and other revenues
that--
Jason Cournoyer: Yes, sir.
Council Member Dunn: Okay, well, that's good news. All right, thank you.
Mayor Burk: All right, I have a motion by Mr. Martinez, a second by Council Member Dunn.
All in favor of the appropriation of Fiscal Year 2020 for the contributions to the Leesburg
Volunteer Fire Company and the Loudoun County Volunteer Rescue Squad, say aye.
Council Members: Aye.
Mayor Burk: Opposed? It's seven-zero. All right, thank you. Next one is Black History Month
Proclamation. I move to approve the Black History Month Proclamation to be presented at
the February 11th, 2020 Town Council meeting. Is there a second?
Vice Mayor Martinez: Second.
Mayor Burk: Seconded by Council Member Martinez. Any discussion on this? All in favor
indicate by saying aye.
Council Members: Aye.
Council Member Dunn: Abstain.
Mayor Burk: Opposed? That's six-zero-one. Revitalization area designation in the Joint
Land Management Area, do I have a motion?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Mr. Martinez, seconded by Council Member Steinberg. Any
discussion on this one?
Council Member Dunn: Yes.
Mayor Burk: Mr. Dunn?
Council Member Dunn: Again, from our discussion last night, I find it very hard to support
this because it's easing-- We've heard folks tonight concerned about us providing additional
service to an existing customer on a potential. I think it's a fair shot that they'll even get--
They're rezoning at Graydon Manor, but the concern about bringing in additional
development outside our borders, yet we're now making it easy for a developer to bring in
additional development outside our border because it's meeting an ideological desire to
provide low-income housing that is going to possibly impact other housing that already
exists.
I just think it's a little hypocritical to have folks who want to fight against a possible
development but then are leading the way to make it easier for many more houses coming in
just across the street from Wegmans, so I won't be able to support this. Thank you.
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Mayor Burk: All right, I do have a question in regard to this reading. I should have done this
before we moved it, but what are we recommending at this point? Does that have to be in
the motion? What specifically we are recommending to be covered in the--?
Keith Markel: It's in the final paragraph of the resolution. Therefore, it's that you all are
recommending for only the area of Tuscarora Crossing be included in the revitalization area.
Mayor Burk: Okay, does that have to be even part of the motion.
Keith Markel: I believe so. Do you want to have a motion? It's in the resolution so you can
motion just quickly through it.
Mayor Burk: Okay, all right. Thank you. All right, any other comments, Mr. Steinberg?
Council Member Steinberg: Thank you. This is just for the record to clarify primarily for the
public that may not understand some of the fine points of these, that the Town and the
County have worked for years in the JLMA and it's understood the Town will supply if they
choose utilities in the JLMA. This particular project is absolutely not in the JLMA. It's an area
where the County has decided they are not inclined to encourage the intense residential
development that's being suggested, and the Town is under no obligation, therefore, to help
foster or attempt to move this project forward. There's a big distinction between the JLMA
and this particular property, which is in the County's RPA. Thanks.
Mayor Burk: All right. Mr. Campbell?
Council Member Campbell: I'm just a little confused on the last statement because this is
in the JLMA as they want it to apply. It says right here under whereas, has shown interest in
designating the entire Joint Land Management Area as a revitalization area. Either I don't
know how to read or it doesn't say what I think it does. Again, I'm talking about particularly
this resolution and revitalization. I'm not talking to any other topic, any other points, any other
issue, just to the motion that's in front of us.
Again, to clear up the confusion, what we talked about last night was that we didn't agree
that the entire JLMA should be designated as a revitalization area, and only this particular
piece of property in Tuscarora Creek. Either I'm confused about what Council Member
Steinberg talked about or I'm confused about what areas he's talking about, but for the
public, in this motion, this is only this topic in the JLMA, no other issues.
Mayor Burk: That's correct. All right. Is there anyone else at this point? All right. All in favor
of designating the change to the revitalization area designation in the joint land management
area, please indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? Okay, so we have Council Member Campbell, Council Member
Martinez, Council Member Steinberg and Mayor Burk in favor. Opposed was Council
Member Fox, Council Member Dunn and Council Member Thiel. Is that correct? I got
everybody. All right, so that does pass.
All right, that takes us to our public hearing. I call to order this January 28th, 2020, public
hearing at Leesburg Town Council. Unless there's an objection, I will dispense with the
reading of this advertisement. If you wish to speak, we ask that you sign up at the sheet in
the hallway. If you did not get a chance to sign up, we'll give you the opportunity to speak.
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Also, please identify yourself and give your address for the tape to record. In the interest of
fairness, we also ask that you observe the five minute time limit. The green light in front of
you will turn yellow at the end of four minutes, indicating that you have one minute
remaining. At that time, we would appreciate your summing up and leaving the floor when
the bell indicates your time has expired. Also, I would like to reiterate, please say your name
and spell your name for the record, for closed captioning purposes. Under the rules adopted
by this Council, the five-minute time limit applies to all.
However, rather than numerous citizens present remarks on behalf of the group, the Council
will allow a spokesperson for the group a few minutes. In that instance, we would ask any
speaker, 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 will be a brief presentation by staff. Second, the members of the public
that have signed up to speak, will be called and given five minutes to make their comments.
The public hearing item on the agenda tonight is Edwards Ferry Sidewalk and Bus Shelter
Capital Improvement Project. All right, so you're speaking to it. Hello.
Keith Wilson: Good evening Madam Mayor and Members of Council. The Edwards Ferry
Road Sidewalk and Bus Shelter Capital Improvement Project consists of construction of a
missing link of sidewalk along the north side of Edwards Ferry Road, between Heritage Way
and the Loudoun County Shenandoah Building, and the construction of two bus shelters on
the north and south side on two of our highest routed use of stops in the area. I have a few
photos and project sketches showing the location of the sidewalk and proposed bus
shelters.
This was the existing section where the bus shelter or the bus stop is located along the north
side of Edwards Ferry Road, being an area of missing sidewalk link. A sidewalk has to be
constructed between Heritage Way and the Shenandoah Building, along with a bus shelter
in this area. This is just a brief sketch of the plan showing the construction of the site plans
for the sidewalk and location of the bus shelter. This is a photo of the existing bus stop
located along the south side of Edwards Ferry Road, being located near the front of some
existing condominium units, and a closer photograph showing the location of the terrain and
this bus stop location.
The proposed location of the bus shelter being approximately 200 feet west of the existing
bus stop, is in a location of Condominium Unit Owners Association, common element area,
open space area located between an existing parking lot and the Heritage Square sign, and
this shows a view of the street looking towards the area of the existing bus stop. A brief
highlight of the construction site plan showing the location of the proposed bus stop shelter
between the parking area and the Heritage Square sign running parallel to Edwards Ferry
Road.
A little bit closer up of the stop showing the area of the existing utility strip between the curb
and the existing sidewalk, will be six foot lead walk going to that area, and a retaining wall is
required not greater than two feet along the back of the bus shelter. All of the land rights for
the project have been acquired for the project except for the bus stop on the south side of
Edwards Ferry Road. This location map shows the location of the two bus stops and shelter
locations. All of the land rights needed for the sidewalk extension and bus shelter on the
north side of Edwards Ferry Road has been acquired, and the land rights for the bus shelter
on the south side is needed from the Heritage Square Condominium Association.
A permanent bus shelter easement and temporary construction easement is needed within
this open space area of the common element area of the Condominium Association. The
property is owned by the Heritage Square Condominium, which was developed in multiple
phases, this being phase 14 of the condominium unit. The property is managed by the
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American Management of Virginia. They're located here in Leesburg. The condominium unit
owners are represented by an elected board of Condominium Unit Owners Association. A
bona fide offer was made to the board at their meeting on May the 9th.
Several emails, conversations and a site visit with a representative from American
Management was held on September the 12th, to look at alternate sites that the bus shelter
could be located along the property, looking at areas that did not want to locate the bus stop,
the shelter in front of any of the condominium units, and it was insufficient space to locate
the shelter along the parking areas.
In email, we were informed by the property management company for the Condominium
Association that the Association board no longer wanted to pursue getting a bus stop in this
area. A modified offer has been made to the landowners, an area of 262 square feet is
needed for the bus shelter, and 218 square feet was needed for temporary construction
easement to construct the site. If anybody has any questions?
Mayor Burk: All right. Thank you for that. Is there anyone who does have questions at this
point? Mr. Dunn?
Council Member Dunn: Thank you. Just to make sure I'm clear on this, you have
everything you need to construct the sidewalk and bus shelter on the north side?
Keith Wilson: Yes, sir.
Council Member Dunn: You don't have an agreement on the south side bus stop?
Keith Wilson: To construct that shelter, yes.
Council Member Dunn: Were there sidewalk improvements needed with the bus stop
going--?
Keith Wilson: No sidewalk improvements are needed on the south side except for a six foot
lead walk, there's a small 18 inch utility strip, grass utility strip that's between the curb and
the sidewalk. That will be paved over and concreted, which that's within the existing right of
way. The easements that are needed are on the HOA property-- I said HOA, but the
condominium unit on the property.
Council Member Dunn: Okay. I didn't see in here, but I'll just take another quick look. When
you say a bus stop, are you talking about a sheltered stop?
Keith Wilson: A shelter that's similar in construction to the shelter that's near the
Shenandoah Building and the Walmart shopping center, or up at the cul-de-sac at the end of
Fort Evans Road, similar type construction.
Council Member Dunn: There'll be a shelter on the other side?
Keith Wilson: Shelters on both sides for the convenience of the public to be able to get out
of the inclement weather or the sun.
Council Member Dunn: How many bus stops do we have in Town?
Keith Wilson: I do not have that information.
Council Member Dunn: Does anybody on staff have it?
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Keith Wilson: I've talked to Public Works, Calvin Grow, they had that number, but I'm not
aware of the number of stops that we have.
Council Member Dunn: We don't know the number of stops. Do you know how many
shelters we have?
Keith Wilson: I think we have seven existing shelters. A couple along South King Street, at
the end of Fort Evans near Walmart, Harrison Drive. They're scattered throughout the Town.
Council Member Dunn: Keith is usually the answer man. [laughs] Do you know, Keith, how
many? Because I think you gave the report on this last time.
Keith Markel: [crosstalk] Yes, it's in that range. It's not many. I would say no more than 12, I
think, in total.
Council Member Dunn: Total stops?
Keith Markel: [crosstalk] No, that's just sheltered.
Council Member Dunn: Well, I'm asking stops, how many bus stops?
Keith Markel: A total number of stops. Oh gosh.
Keith Wilson: Sixty-something.
Keith Markel: Yes, sixty, seventy stops.
Council Member Dunn: Sixty? Okay. All right.
Keith Markel: All with varying degrees of view. These two stops were picked up because
they are high demand stops, two of the busiest stops in the system.
Council Member Dunn: Okay. Great. Thank you.
Mayor Burk: Mr. Campbell?
Council Member Campbell: Yes, thank you. I do know the numbers because it's been a
target issue of mine for many years, even before I was elected. My first speech before
Council was about bus shelters, with a good friend of this community, now deceased, Ann
Robinson. I've gone on ride alongs with the Deputy Mayor, Town staff, and others to look at
locations. I probably have been more impatient, that we've been talking and looking at, and
ridership, and the safety for our citizens as well as just a human concern. An inclement
weather, which could be either heat, cold, or rain, that with over 60 bus stops and only 13
bus shelters, that we could do better.
My question is, again, getting to this point, in cases where the Town-- This might be a legal
question as well. Others have found a reason that it's in the public interest-- and these are
two of our highest-rated bus stops. It's not for a community to decide they don't want
something when they may not be the ones living in those condos to actually use it. We've
done things like take eminent domain processes to get what we need for our citizens. I don't
know if this is one of those opportunities. I'm asking you, is this one of those opportunities?
Again, we looked at ridership, we looked at the demand based on County numbers which we
could verify, not verify, half verify. We rode around and anybody who's gone to those areas
on Edward Ferry knows that there is a human need for shelters. What would allow us and
what would we have to prove to get into a legal issue with this condo association?
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Keith Wilson: This is the purpose of this public hearing tonight to fulfill the statutory
requirement to have a public hearing before the filing of a certificate of take. A quick take
acquiring the interest giving us the ability to construct the bus shelter on the property, and
then settle with the landowner by continuing negotiations or by court action. We're, upon
Council's authorization, in the ability to file a certificate of take with the court, acquiring the
land rights necessary to build this shelter.
Council Member Campbell: Thank you. I just, again, didn't see that in the staff report. I
know it's a possible solution for us, so thank you for that clarification.
Mayor Burk: Ms. Fox?
Council Member Fox: You just answered my question. Thank you. Was there opposition
from the HOA to this?
Keith Wilson: I met with the HOA board a couple of times. The last time was in November.
The board members, I can't speak for them, but what they told me, there were some
members of the board that were for the project, and some board members that were
opposed to the project, so there was no unanimous consent that the board members came
up with.
Council Member Fox: There needs to be unanimous, is that their rule?
Keith Wilson: So the HOA board has to sign the legal documents conveying those rights to
us, they have to have, at a board meeting, granting the president or other authorized
member of the board, the authority to sign the easement documents. The board has not
come to a consensus on the granting of the easements to the Town.
Council Member Fox: That was my exact question. One other quick question, across the
street behind the Shenandoah Building, who owns that spot of land where we're going to
build the other?
Keith Wilson: Exeter II HOA.
Council Member Fox: Exeter II. We haven't had any issues there?
Keith Wilson: No, they were able to negotiate with us and there was a small easement
needed from Loudoun County, which they granted us to tie in to their existing parking lot.
Council Member Fox: All right. Thanks.
Mayor Burk: Any additional questions? Thank you. I think this is something that's been
going on for a while and we're anxious to have it finally come to a conclusion. We do have
one speaker, Mariella Torrico, and she's going to speak in Spanish and Officer Fuentes is
going to translate for her.
Officer Fuentes: I'll try my best.
Mayor Burk: Pardon me?
Officer Fuentes: I'll try my best.
Mayor Burk: Oh, you'll try your best. Hola.
Mariela Torrico: [Spanish language)
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Officer Fuentes: My name is Mariela Torrico. She is a member of the condominiums in
Heritage Square, and she's a representative of her community. She's saying that she doesn't
want the construction for the bus stop, and the reason why, my community. The location
where you guys want to do the stop for the bus stop is the face of the community, is the main
entrance to their community. We have the area as a green area for the community. We are
not in agreement with the construction in this location. In actuality, we have a director in the
board who has been there for 10 years.
They are very considerate to be a community of Leesburg. We have a lot of problems.
Internal. The community has been-- they want to eliminate the drug activity in the area.
Another motive is the issues with the garbage in that area. Isn't going to clean the area.
That's going to cost more money. Another problem is the passage through the grass that
people walk through is going to be destroyed. In 2019, the community had $15,000 for
maintenance of trees. We believe that with the excuse of the bus will parade many more--
strange people will be walking through our community.
Another problem is the garbage, the community would have to invest more money for their
cleaning of the place. In 2019, the community spent over $80,000 on a tree cut, five times
more than its budget. We also increased lighting. All this was done to make the police vision
better and control the strange people walking through our community. We also pay for the
patrols that the police do. This year we're going to build the parks and we hate the strange
people to be in our neighborhood around our children. My community gave up-- and there
we go to-- have our--
Mariela Torrico: We have our--
Officer Fuentes: School bus stop.
Mariela: Yes. I have near this, I have the-- [Spanish language]
Officer Fuentes: Right next to the bus stop where you want to do the construction, there's
already school buses for their school. She would like a part to be constructed. They don't
want strange people to be around our children. The other motive is the school bus is going
to be next to the new school bus shelter you're trying to build. The last meeting that you guys
had with the representative, they explained to the representative that the community is going
through something internal. We told them to wait till May because there's going to be a new
election. That there's going to be a new Democratic member. That this community doesn't
feel represented like they should be represented. Doesn't feel represented like they should
be represented. The member that's been there has been there for 10 years. Actually doesn't
want to leave. We are the community that pays the most. The most for maintenance. We pay
a $190 monthly. The community returns more than millions of dollars. We are the poorest
part of Leesburg. We fear the money is not being administrated correctly. Because the
parking is bad. We don't have parks for the kids. We pay for second-hand security. We have
invested $80,000 in cutting trees just so the police has a better vision just to patrol the
community. For all these to please not construct in this area. The community has already--
already has the space because the community has a space for the bus stop.
Mayor Burk: Thank you. Thank you very much, gracias for coming up.
Officer Fuentes: She said, "Thank you for listening."
Mayor Burk: Thank you. Gracias. Great. Does anybody have any additional questions they
want to ask of staff at this point, Mr. Steinberg?
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Council Member Steinberg: Well, I have questions, I'm not exactly sure to whom I want to
direct the questions. There's a lot of information there and I don't know that staff will have the
answers. I don't even know if the Police Department has the answers. I'll ask a question. For
example, when we hear a reference to drug activity, how does that relate to a bus stop? Why
does this bus stop attract drug activity as opposed to anywhere else that would be far less
visible? She mentioned drug activities. I recognized that drug activity. I'm wondering why this
bus stop or shelter area, which is a fairly visible area, would be a magnet that would attract
drug activity.
Officer Fuentes: She's saying that the bus stop is going to be a deterrent for the police to
see what's going on as far as drug activity. The bus stop is going to be like a deterrent.
Council Member Steinberg: Okay. Then I would ask staff a question. The bus shelters tend
to be clear.
Keith Wilson: The bus shelter will be similar in construction to the ones in the area that do
have plexiglass or see-through panels.
Council Member Steinberg: Officer Fuentas, then in your experience in this area is this
necessary experience-- Yes. come back.
Officer Fuentes: I know that the bus shelter that we have in the Shenandoah area, it is see-
through. We do have people that are homeless and usually ride the bus normally go to that
bus stop there do hang around the area. I can see what she's saying. Maybe the location
and maybe they're going to be doing the same thing since it's still in that Shenandoah area. I
do see what she's saying as far as being like a little hangout but that's something that we
need to, as police officers, need to patrol and keep a better close eye in that area.
Council Member Steinberg: Okay. Then back to staff. These two shelters, bus shelters,
there's one across the street or will be. Then, who are the riders that take advantage of
these two locations in general? Do we have an idea?
Keith Wilson: Typically, the riders are generated from this neighborhood from the
condominiums unit owners as condominiums.
Council Member Steinberg: Okay. When we talk about strangers in the area you maintain
and I confess, I've yet to ride the Town bus system, maybe it's something I need to do. Who
are the strangers that-- People get on the bus and ride and get on and off in various areas?
Officer Fuentes: I'm going to answer the question as a Police Officer. Basically, from what I
see, we have a c-type building there, Shenandoah area. We have a lot of motel people that
do stay at the shelters and staying at the shelters, they get on a bus and just ride, ride all
day. Where they end up at is usually Shenandoah building. When the day is done, they try to
get on that bus to make sure that they're at the shelter before the end of the day because
that's how they get in. You do have people in that area hanging around the bus shelters.
Council Member Steinberg: Do we experience an unusually large number of issues in this
particular area?
Officer Fuentes: The people that I see waiting at these bus stops, I personally know them
because people do call about them. I talk to them.
Council Member Steinberg: Then finally, I don't know if this is a question you can answer
but when we start-- I'm trying to understand what's going on internally here, are you
dissatisfied with your HOA organization? There's dissension?
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Officer Fuentes: She's not satisfied with the director in her HOA.
Council Member Steinberg: Okay. Well, since the Town has not been able to adequately
or successfully negotiate with the current organization but it seems like you're suggesting
your organization isn't in favor of this anyway. I'm trying to stand how a new election then
moves this. Does this just cement resistance to the whole thing? How has this changed the
conversation in any way?
Officer Fuentes: The 2nd of May they have a new election within their HOA. Which ones
are going to be-- elected as new members. It's going to be the people of the community.
She's saying that she doesn't know how it's going to turn out for the lady, I guess the director
now. She's been there for 10 years. They're trying to get the votes to basically get her out
and they're waiting to see. That's why they're trying to ask for it to be extended to the 2nd of
May.
Council Member Steinberg: The one thing I am trying to understand is, regardless of how
that election turns out the community being represented here by Maria seems to be against
the shelter. Regardless of how this election goes, does that change the communities?
Officer Fuentes: She feels that once they're able to have this election, that they can have a
discussion as a community on maybe where they would like the bus shelters to go in the
area. She forgot her question.
Council Member Steinberg: Final question for staff then. Is there a huge downside if this
project is delayed for a few months so that the community feels that they have been allowed
to offer the input that they feel is required to the town before a final decision is made one
way or the other? What happens?
Keith Wilson: We're ready to go to construction once we acquire to bid the project out. The
land rights have been acquired for the construction on the opposite side of the total package
it would just leave out this particular site.
Council Member Steinberg: Okay. Still potentially, one way it could either be, we could
change it somehow or move forward once we are able to communicate with the community,
yes?
Keith Wilson: We met with the property management company to look at alternate sites
along there in close proximity to the existing bus stop. This was the only identifiable site for
an area of approximately 750 feet to the west going back towards Plaza drive. Putting a bus
shelter close to the existing bus stop would require the construction of an approximately,
eight foot retaining wall with a handrail along that. So, from the existing bus stop to the west,
it would be located in front of condominium units. We did not feel that it was appropriate to
locate this stop in front of anybody's home. Just to the west of that, then there was a slight
area-
Council Member Steinberg: Really quick, I'm not offering any suggestions one way or
another, I'm just looking for avenues of communication between the Town and the
community at this stage. Thanks.
Mayor Burk: Mr. Thiel?
Council Member Thiel: You mentioned that there's going to be eight foot retaining walls for
the non proposed one. What is the retaining walls for the currently proposed area?
Keith Wilson: Less than two feet.
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Council Member Thiel: Less than two feet. How wide and deep will this retaining wall be,
the surface area?
Keith Wilson: The retaining wall, the bus shelter itself is approximately 11.5 by seven feet.
The retaining wall will be on the outside of that so alone Edwards Ferry Road it will be
approximately 15 feet in length going back for a distance of approximately 12 feet.
Council Member Thiel: So15 feet by 12 feet. How tall-
Keith Wilson: Less than two feet. The existing easements itself would be on the perimeter
of the bus shelter easement. The bus shelter easement contains 262 square feet and it’s
approximately 19.5 feet along the length of Edwards Ferry Road, going back for a distance
of 13.5 feet.
Council Member Thiel: Is there any opposition to move the other side across the street,
move that forward and potentially put a hold on this side?
Keith Wilson: That would be the Capital Projects Manager.
Terry Yates: Good evening. My name is Terry Yates, I'm the Capital Projects Manager.
Could you repeat your question again, please?
Council Member Thiel: Yes. We're talking about two different sites, one across the street
from the current site we're talking about. Is it possible that we move forward with that site
currently, and then put a hold on this site till there is a meeting with the HOA and potentially
all the residents in that area?
Terry Yates: There is one issue we need to address. This goes back to Councilman
Steinberg's question about any consequences. Unfortunately, the question's moved on
before I could get up here. The bus shelter is partially funded by CDGB money that we've
already had to get an extension on one time from Loudoun County and I'm not sure that we
could get a second extension.
Council Member Thiel: When is the date of that extension no longer valid?
Terry Yates: I believe it is in the summer sometime. I don't have an exact date but I can
provide that.
Council Member Thiel: We do have some time, do we know how long the project is
approximately going to take to finish these two. Two months?
Terry Yates: About two months and two days.
Council Member Thiel: My last question is, did the land owner or developer of this
particular piece of property suggest that specific location after your meeting with them?
Keith Wilson: This property was developed a number of years ago in phases and no, there
was never a recommendation for a specific location for a bus shelter site.
Council Member Thiel: Thank you very much. My last question is Officer Fuentes, what is
the specific pinpoints of the dislike for that specific bus stop?
Officer Fuentes: It was going to be right in front of the community, the apartments. All the
trash is going to be left behind. They're going to have to pick it up and spend money on it.
Some people that live in the neighborhood are going to be crossing through the community
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to get to the bus stop. A couple of years ago, they used to have bars that separated The
Fields and Hancock. People in the community destroyed those bars. That was a lot of
money for the community as well. The other issue is that we're going to have a park next to
the bus stop.
Council Member Thiel: Park? Ok, thank you. I appreciate it.
Mayor Burk: I have a couple questions. You're saying that this is located right next to a
park, a community park?
Officer Fuentes: She says yes. It's in the middle.
Mayor Burk: Are you asking the Council not to construct a bus stop at all or a bus shelter at
all?
Officer Fuentes: She says the community does not want one.
Mayor Burk: No, the community does not want a bus shelter?
Officer Fuentes: She says, and, there’s also a school bus stop right next to that.
Mayor Burk: Right now there is a bus stop located there.
Officer Fuentes: She said it’s not there, it’s at the end of the street.
Mayor Burk: Right. It's towards the end of the street there. Does the community have an
issue with the bus stop remaining where it is?
Officer Fuentes: She saying, No, that they don't want a bus stop there for them. Period.
There's already a bus stop on there. There’s another bus stop in the back of-
Mayor Burk: And it has a shelter.
Officer Fuentes: It has a shelter. That’s on Heritage Way there's a bus stop there. The
majority of the people that live in the area have cars and they have parking for their cars. For
people that use the bus stop are people that live in the apartments or the Fields, there's
plenty of space there for them to put the bus stop there.
Mayor Burk: Okay, thank you. Mr. Martinez?
Vice Mayor Martinez: A couple of questions. I thank you for being here, do we have many
bus stops like this shelter in front of any other apartments? I don't remember seeing any bus
stops in front of where people live. I've seen them on for example, on South King Street in
other places but not in a neighborhood, am I right?
Keith Markel: I think we have a few examples, Harrison Street, at the end of Clubhouse in
the cul-de-sac in front of those units, there's a shelter. We have a shelter at the end of Old
Ford Evans Road near homes and businesses, so it's not unprecedented to have shelters
and quite honestly, this is a very busy stop, so we see the value and having a stop close to a
population center that's really relying on this public transit, so it's really the convenience
factor being close to those who are using it.
Vice Mayor Martinez: Did we at least outreach to the community to talk about it?
Keith Wilson: Yes, I had a meeting with the unit owner’s association board back. First
contact was in May of last year, many communications with the property management
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company and a representative of the property management company came out and along
with the project manager, we walked the area along Edwards Ferry Road to see if there
would be a place that it could be relocated that could be constructed or not inconvenienced,
not be located in front of some of the condominium unit owners. A lot of the areas between
the existing parking lots, there’s not enough land as you can see just to the right on that
photo between the side walk in the existing parking.
If you're located in those locations, you would potentially lose a couple of parking spaces
and parking appears to be at a premium for this neighborhood. Unless going over 750 feet to
the West, there's not another opportunity to locate a shelter.
Vice Mayor Martinez: The Mayor and I since we've been on Council have been advocating
for bus stops and we've been successful in getting a lot of them done. I am not at odds with
this bus stop as much until she came forward, a citizen came forward and I've not heard this
kind of complaint or concern about different issues so even though I support the bus stops, I
would like to hear from more of the people who live there, see what their response is. I would
like an opportunity to sit down with you in the future and talk about this and meet with some
of some of the residents there.
I don't I think until we get a chance to sit down and talk with them and talk about some of the
concerns and maybe see if maybe there's some alternatives to do this, I will not vote for it
until I can get my concerns taken care of, so I would love to see this being put forward
maybe on our next meeting or the meeting after that so we have that opportunity. Thank
you.
Mayor Burk: Mr. Campbell?
Council Member Campbell: Yes, I really have no questions over our speaker tonight, and
thank you for being here. I think all of our obligations are to look at our community for
everybody, our care, our concern, our children, where we live, where we play where we work
and that was my approach initially and it still will always be. I think we have an obligation and
I'm speaking to the staff also that we respond. I have a couple of questions that I heard as
complaints but I didn't hear that these citizens don't need a bus stop.
I heard other issues that complicate having a bus stop, which is very different, whether it's a
location by a park, whether it's space and where we put it, whether it's unwanted human
traffic in the sense of people who may not mean good in the neighborhood because of all
kinds of maybe, suspicious behavior related to criminal activity. That makes sense to me. I
grew up in the Bronx in New York City and we had bus stops with lights.
There's a bus shelter right behind Fort Evans at Evans Ridge apartment complex, right by
the outlet mall. I look at community needs, I look at placements, I'm hearing some of the
problems we're having, but I also heard and I don't believe I heard this right. I hope I didn't,
that this community pays for extra police forcing. They may pay for security but not Town
police to patrol their neighborhood. Security forces.
Officer Fuentes: There's a payment they pay for every month. She has an invoice for that.
Council Member Campbell: For paying for Town Police or security, that's what everybody
does, right? We're not paying overtime officers, anything like that.
Officer Fuentes: She says she doesn't know what is exactly for, whether it's for Police or--
what she knows is for security.
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Council Member Campbell: That would be something I would ask our staff to look into just
to make sure or be clear that we're not, that's not how we serve any neighborhood with
Police. Again, my question goes back to, okay, somebody can look at the Town staff just to
make sure that we're not also losing funding. We've applied for extensions before these
community block grant fundings, what danger again, will we be in, in terms of asking for
another extension or doing whatever, but it sounds like we may be in a tight spot of finding
an appropriate place.
That's a shame only because there is a community need for bus shelters. It's proven by
ridership. It's proven by experience. I don't want anyone to think particularly in this
community and maybe we do need a different meeting that's not about the HOA and our
citizens. We've done that for other communities before. What we've had them right here in
Town Hall and we helped communities understand how we want to work together. That may
be part of our process.
Mayor Burk: Okay. All right. I think you're getting the message that we have a great concern
that the community has come forward and said that they really don't want the shelter there.
I'm not sure what the solution is in that regard. I don't know where we take it. If we take it to
a work session.
Kaj Dentler: I think Council may wish to defer assuming that is there time to defer? Is there
a grant deadline that we're pushed up against?
Keith Markel: I think there is a risk that we could lose the CDBG funding and a have to
return that back to the County for this shelter. We will ask them obviously for an extension.
Mayor Burk: But you said it wasn't due until this summer, August, June?
Keith Markel: It may have to be. We'll have to go back and check because that may be has
to be spent by date versus, we have to bid this thing, we have to go out on the street and get
a contractor out here and set it up and do that in the construction work. This is already
heavily delayed. This is something we thought was going to go much smoother. We thought
this would be much more embraced by the community and we had a lot of negotiation time
lost in this project.
The County has been gracious to allow us to extend to where we have. We will go back and
ask them again to make sure we don't run into any issues there, but I just want to caveat,
there may be some money that would need to be returned. We could move forward on the
other shelter. Again, there's the economy of scale by doing the two shelters concurrently,
which would help us out as well. If we break it down into two mobilizations, you could see
increase in costs there.
Mayor Burk: I guess we have to wait till the next meeting to find out what we can do on this.
Council Member Dunn: Madam Mayor?
Mayor Burk: Would you let staff answer and then you can ask you questions, right?
Keith Wilson: The condemnation process is driven by State code and there are statutory
requirements for notifications, public hearings. The statute requires that any landowner be
notified between 30 and 45 days of a public hearing. We would need to go through this
public hearing process again, the refiling of the public hearing advertisements, reordering of
checks. It will delay us two months from being able to provide the statutory requirements for
the filing of a certificate if we delay action from tonight.
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Mayor Burk: Okay, Mr. Dunn.
Council Member Dunn: I'd like to make a motion.
Mayor Burk: Okay, here's-- We're still asking questions?
Council Member Dunn: We are still doing the public hearing? Okay, yes, no.
Mayor Burk: Okay, is there any additional at this point? All right, then I will close the public
hearing. Mr. Dunn, you had something you wanted to-
Council Member Dunn: Yes, I'd like to make a motion to pass resolution 218-33,
authorizing an offer to acquire permanent and temporary easements for the Edwards Ferry
Road sidewalk and bus shelter on the North side and divide the question for a separate vote
on the South side bus shelter.
Mayor Burk: Mr. Dunn, Council Member Dunn has made a motion, seconded by Council
Member Fox to begin the process on the-- You had a question?
Eileen Boeing: Mr. Dunn referenced a previous resolution number on his motion. If you
could just omit that from-
Council Member Dunn: Is there a new one?
Eileen Boeing: No, this would be a new resolution number. There would not be a resolution.
What's on the agenda would be the resolution language.
Council Member Dunn: Okay, hold on just a second. Let me see if I can find that.
Mayor Burk: Authorizing the acquisition.
Council Member Dunn: I don't see resolution number on this one.
Mayor Burk: There is no resolution number at this point.
Council Member Dunn: Okay, she just want me to take off the number. Okay, I'll just
restate it then, I make a motion to pass the Edwards Ferry sidewalk and bus shelter capital
improvements project with dividing the question of the north side sidewalk and shelter from
the south side shelter.
Mayor Burk: All right, there is a motion on the table to basically vote on the north side, start
the north side project and separate out the south side.
Keith Markel: I just want to clarify here. There is no north side condemnation request. This
is only for one parcel, the south side of Edwards Ferry Road. The North side has all the land
rights necessary to move forward.
Council Member Dunn: Your resolution-- Okay, I've got-- It does say shelters though.
Keith Markel: There are two shelters as part of the project, only one shelter needs the
condemnation approval.
Council Member Dunn: We're only voting tonight on the condemnation.
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Keith Markel: Only on the condemnation. You've already approved the funding and the
project as a shelter, two shelter projects. This is only because we were not able to secure
the land rights through negotiations with that one property owner.
Council Member Dunn: Okay, sorry. I withdraw that motion and make another motion.
Mayor Burk: All right.
Council Member Dunn: I make a motion to-- Which is confusing because you have the
Edwards Ferry sidewalk and bus shelter, but we don't really have a sidewalk issue if that's
the case. For the condemnation, is the sidewalk-- Is there any portion of that sidewalk that
needs to be-
Keith Wilson: [unintelligible 02:20:53]
Keith Markel: It's the overall project name is the Bus Shelter and Sidewalk Project, I
believe.
Mayor Burk: I think our attorney would like to say something.
Keith Wilson: This is the overall project but the condemnation request is only for the
property that's in relocation-
Council Member Dunn: The Southside bus shelter.
Keith Wilson: Yes.
Council Member Dunn: Okay.
Christine Newton: The name of the project needs to be included in the resolution. That's
why the specific name of the project includes something that's not part of the condemnation.
Council Member Dunn: Okay. All right, well, then I'll try another motion that I make a
motion to deny the Edwards Ferry Road Sidewalk and Bus Shelter Capital Improvements
Project for the South side bus shelter.
Christine Newton: I think the resolution before you is only for the condemnation. It's not for
the project as a whole. You may wish to make a motion not to proceed with the
condemnation.
Council Member Dunn: Why don't we do this? Why don't we just get a motion on the table
so we can discuss it?
Keith Markel: I have a suggestion once you get a motion.
Council Member Dunn: I'm open to suggestions.
Mayor Burk: You're moving that the Edwards authorizing the acquisition of permanent
temporary easement on the property owned by Heritage Square Condominium for public use
by condemnation for the purpose of construction of the Edwards Ferry Road Sidewalk and
Bus Shelter project. That's what you're moving.
Council Member Dunn: To be denied and did you mention the easement in yours?
Mayor Burk: For the condemnation.
36
Council Member Dunn: Condemnation, yes. We'll stick with the condemnation. Is that what
you're going to suggest? That's fine.
Keith Markel: Well, we have the recommendation, the recommendation to deny the
condemnation action.
Mayor Burk: Okay, that Mr. Dunn moved that. Is there a second?
Ronald Campbell: Just a point of order. The motion as stated is the motion that is, you
either vote for it or you vote against it.
Mayor Burk: But he can put deny-- He can change it to put deny on it. Is that correct?
Ronald Campbell: By voting against the motion that's been presented to us in our package
is thereby denied.
Mayor Burk: It would be clearer that way most certainly, cleaner, but can he say deny it?
Can he put deny-- Can he make the motion to deny it? To change it from the affirmative to
the negative? You can make that, but it would be clear just to do the motion and then have
everybody vote it down if they wanted to or vote for it.
Council Member Dunn: Okay, the problem with that is according to Robert's Rules, if I
make a motion to approve-- If I make a positive motion, I should not as a practice, especially
as the maker of the motion, vote against my intention.
Mayor Burk: Okay, so you want to keep it denied.
Council Member Dunn: Let's keep it as denied because I feel that's the action.
Mayor Burk: Is there a second?
Council Member Thiel: I second.
Mayor Burk: Council Member Thiel. All right, we have the motion on the table to authorize
the acquisition of permanent and temporary easement on the property owned to deny--
tonight to deny authorization, thank you. To deny authorization of the acquisition of
permanent temporary Eastman on the property owned by Heritage Square, a condominium
for public use by condemnation for the purpose of construction of the Edwards Ferry Road
Sidewalk and the Bus Shelters project. Correct? All right, is there a discussion at this point?
Council Member Dunn: Real quick as I didn't mention, I didn't speak at this previous too. I
think that the residents made a compelling argument that while we have funds that we would
like to spend, sometimes it doesn't always work out that way and I can't see or justify, we
must spend the money as justification for going against the will of the residents. Additionally,
I am rarely rarely in favor of taking somebody's property. If you can get agreements from the
community to put the property in there for that, but when it comes to taking somebody's
property, I can't remember a time I've ever voted for that, so I wouldn't support it for that.
If the residents feel that there is issue with a shelter in their neighborhood and they can point
to examples that they would oppose that it goes with the old saying that some of the most
dangerous words spoken are, "Hi, I'm from the government, I'm here to help." If this is not a
situation that's going to help, then I would not be in favor of causing a negative situation
where we were hoping that we were trying to help. There are definitely needs for bus stops.
We're not taking away a bus stop, but we can't put shelters everywhere.
37
If this is an area where a shelter may be of a concern to the citizens, then I cannot see
justifying putting it there. There may, by the way, for staff, be an opportunity to look for
reallocating these funds to another location. I know it's on the fly. I know it's short
turnaround. We may be able to get another extension, but in this situation, I can't see doing
it. Thank you.
Mayor Burk: Did you have something you wanted to bring?
Keith Markel: I was just going to suggest the timing if it was the general will of the Council to
move forward with installing a bus shelter along this corridor within this block but we wanted
to further vet some of the concerns that were brought up tonight from the community. You
could approve potentially the approval for the condemnation proceeding with the caveat that
you're directing staff to then go and meet with the community or hold a public input session
to try to work through some of those issues before we take any formal action with that
condemnation.
But since there is that 30-day, 45-day public notice portion, if we do terminate the
condemnation and then have to re-advertise, that does set us that much further back. That's
only if you all generally wanted to see a shelter be constructed in this area, but there might
be a way to finesse that so we could still have the community input and still move forward
with acquiring the land rights.
Mayor Burk: It's pretty obvious that that area needs is very popular, is a high use area and
that it's only fair to provide the shelter somewhere there, but I guess the issue is where the
problem. Mr. Campbell?
Council Member Campbell: Yes, I'm all in favor of supporting this motion that's on the
table, but it's missing one piece, which is what's the follow up action? Denying the
condemnation doesn't solve the problem. Some of the problems that have identified have
nothing to do with the bus shelter per se, but are community issues that need to be looked at
and addressed. What are we really directing staff to do versus just denying the
condemnation action? They already have approvals to build the one bus shelter without
action is as it needed. To me, I'm not sure that just simply denying the condemnation solves
any problem.
All it does is say we have a problem, but what's the action? What's the remedy? What are
we instructing staff to do? Even if we allow staff to continue, it still doesn't solve the problem
that may ultimately end in a non-denial-- A denial of the condemnation anyway. Staff has
already directed us that day they don't have an appropriate space. Having found an
appropriate space, moving the problem down the road and the assignment of bus stops is
not a Town responsibility, it's a County responsibility. Has the County been brought into this
to look and see if there are any alternatives to moving a stop that will be in a space that
could accommodate a bus shelter in this community.
Keith Markel: We have discussed with them this project, they did endorse the project as
part of the CDBG funding. They are aware of the need and supported the Town in this effort.
We did not expect to relocate the stop away from this block. We have not gone back to them
and asked for another location based on the anecdotal demand that we see out there, we
feel that this is the area where the stop is best located.
Council Member Campbell: Our only reasonable action if we really feel that there are
reasonable human concerns, community concerns, let's just stop the condemnation action.
Keith Markel: You can revisit it again in the future if you wanted to pursue a stop at some
point.
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Council Member Campbell: Well, that's why I'm asking for an additional action, that it's not
enough to say there is a need for a bus shelter in this community. Stopping one action and
not starting another. I don't know if it's a separate motion after this motion but I can make
certainly fails or succeed, but I'd like to think that we just don't leave this in limbo for a work
that we've been doing for a couple of years, for a need that we know does exist, that we
have to complete the work with another motion probably to take some action and instruct
staff to take some action.
I'm in favor of supporting this resolution to deny, but at the same time, without a solution or
an action step to instruct staff to take now, not another work session later does not solve the
community problem.
Mayor Burk: Ms. Fox.
Council Member Fox: One question there was reference that there was another stop
nearby on Heritage Way at the back. How far is that from the proposed bus stop here?
Mayor Burk: It's fairly far away.
Keith Markel: It's around the corner. It's closer to the existing stop than where the proposed
shelter location is. The proposed shelter is several 100 feet further west along Edwards
Ferry Road. The issue was the route. I believe the route-- It's a different route and if you're
trying to pick up Safety Ride riders, that route I do not believe is on the safety ride. I didn't
bring my map with me, but we do have a route issue.
Council Member Fox: You said you looked further west, there was no feasible parcel
further west. Could you go further east or no? Is that the same property?
Keith Wilson: There's no area to the east. Then you get into the new townhomes that were
recently constructed and then you get to the shopping center the Sheetz, McDonald's. There
is no possibility of a shelter site. East, going West, you're over 750 feet and you cannot lose
the opportunity to gain the passengers of this stop. You're getting into the distance of
walkability issue.
Council Member Fox: My concern is you said you engaged the community but we're
hearing from the community now that it's not wanted, so I'm trying to figure out the
disconnect there.
Keith Wilson: All I can speak for is during the meetings that I had with the board, and the
board was undecided. We had members of the board that was in favor of granting an
easement and members of the board that was in opposition. I don't believe that they can
come to a consensus being either for or against the project. We tried to meet with the
property management, I did meet with the property management company that's overseeing
the condominiums to try to look at alternatives, walk the project. We could not through the
property management company come up with alternate locations that were within a walkable
area of the existing bus stop.
Council Member Fox: You mentioned economies of scale. If we did the project separate
somehow we separated the projects or we just said okay to one and maybe put off another
one till later, like Keith was suggesting, don't start the condemnation. We might be able to do
it later on if we can get the support.
Keith Wilson: But we would lose the economies of scales and that- [crosstalk]
Council Member Fox: Meaning, what's that in dollars?
39
Keith Wilson: Well, that's adding a duplication of cost for a contractor to rebid to bring his
crews and equipment there to take the crews away. You have some scaling factors when
you buy in bulk. You get typically a lower unit price. Building singly, we lose some of those
economies of scale.
Council Member Fox: Okay. Thanks.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Thank you. Well, it's amazing what you learn that you don't
know, it's as an education. I never imagined that a bus shelter could bring up some of the
issues. Back to staff. If we vote to deny this motion, go back to our original one and approve
the condemnation, where can we be in order to bring it to a full stop should we choose to
after we pass the resolution as it's currently written?
What would our position be then? As you're saying that you want us to proceed, you would
prefer us to proceed because of public notice that's already been given and so, why undo
that? If we proceed on the original path, but if we can be quick enough and we decide,
"Okay. We're going to go in a different direction, at least on this one situation. What would
have to happen for that? Once we say, "Okay, go ahead."
Keith Wilson: Without Council's authorization to file the Certificate of Take, we will not have
the authority to acquire the land rights needed for the construction of this particular bus stop.
Council Member Steinberg: Understood. If we pass the resolution as it is now, does that
give you the authority? Is what I'm asking first.
Keith Wilson: The passing of the authority for us to acquire the land rights by the use of
eminent domain and condemnation would allow us to proceed forward with construction.
Council Member Steinberg: Should we so choose?
Keith Wilson: You can yes.
Council Member Steinberg: Then the-
Keith Wilson: We are required by the public hearing notification and notification to the
landowners that this certificate has to be filed by January the 31st. If it is not filed by January
the 31st, then we have to go through a new notification in public process.
Council Member Steinberg: January 31st of this year?
Keith Wilson: Of this year. That follows within the 30 to 45 window of the public hearing
notification.
Council Member Steinberg: Once we file that, then what?
Keith Wilson: Once we file that certificate with the court, then that gives us the ability to go
onto the property and construct the project.
Council Member Steinberg: Should we so choose? Even if we file and gain that certificate
of condemnation, we're not forced to proceed.
Keith Wilson: We are not forced to proceed. It gives us the ability to proceed.
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Council Member Steinberg: All we've done is keep things on schedule should we be able
to create lines of communication quickly with this community and see what compromise can
be reached.
Keith Wilson: If we decide to not choose with the filing of the certificate, we have the ability
to invalidate the certificate through fallings of [crosstalk].
Council Member Steinberg: We could keep everything on schedule and see what
compromises we can come up with. Is that correct?
Keith Wilson: We would keep the filing of the certificate on schedule, we would just be
delaying the potential construction.
Council Member Steinberg: I would offer that we deny this first motion and go back to our
original proposal past that which keeps us on schedule and then we have to work very hard
and fast to get the appropriate parties in a room, maybe this one and have a discussion. All
due respect, this is a voice in the community, apparently, there are other voices so there's
not consensus it seems like we can't wait for the election per se because I'm not even sure
that that settles the dissension in the ranks anyway, but I believe the community is owed the
right for our conversation so we can come to the best decision possible. That would be my
recommendation. Thank you.
Mayor Burk: Mr. Thiel, did you have something?
Council Member Thiel: That was basically what I was going to say.
Mayor Burk: Okay. Yes. Mr. Martinez, you need a mic.
Vice Mayor Martinez: I would like to see this moved to a later date as early as next working
session or Town Council business meeting because I'd like to go to the site and visit. Even
though I know where it's at, and I've been in that community, I'd like to take another look at it
from a citizen's perspective and meet some of the residents who live in that area that are
being affected and at least hear what they have to say. It's not that I'm not in favor of the bus
stop, but I want a better idea of what impact it's going to have. I won't vote for any motion
that either denies or approves the condemnation until I get to do that.
Mayor Burk: Everyone has had a chance to speak. We have a motion on the table that says
to deny, yes.
Council Member Dunn: I do get the final comments as a maker. I'll be brief.
Mayor Burk: That's not generally how we do this Mr. Dunn, everybody gets their three
minutes. Everybody's had three minutes. Go ahead. Be brief please and get this done.
Council Member Dunn: When we have a maker of the motion, the maker is allowed to
speak first and last on that motion.
Mayor Burk: We have not generally done it that way, but that I'm allowing you to do it
tonight.
Council Member Dunn: I'll point it out in the rules for you so that-- Would you like me to
look it up or do you want me to just proceed?
Mayor Burk: I would like you to make your comments, so we can proceed forward.
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Council Member Dunn: Making up rules on the fly is not good. Anyway, I don't know how
many citizens have to come in with the concerns that we heard tonight for us to make a
decision, one, to not to drag people back out again, to have to redo this over. Two, that our
drive to take government action is so strong that the appeals by these citizens is not enough
for us to go ahead and just deny this take. Secondly, I don't see where, and I think there
might be some idea that if we go forward, we can use this take for some other location, and I
don't think that that is correct. I believe that this take is for this location. This property is not a
moving target.
To send a message to the community that has made an effort to discuss this as you for
almost an hour and a half with us to come out and say, "We need you to come out and
again, because we don't quite believe that this is as big a concern for you as we think it is,
we think ridership is more important than the safety of your kids." I'm not supporting this for
the fact that we're taking it, the fact that the citizens have come out and said they don't want
it. We're saying, "We say you need it, but they say, we don't." The messages are clear and
therefore I would ask Council to consider to deny this motion. If we need to find another
place to put a bus shelter, let's do that, but that's a whole another issue. Thank you.
Mayor Burk: All right. I'm all in favor of the motion to deny authorizing the acquisition of
permanent and temporary easement on the property owned by Heritage Square, a
condominium for public use by condemnation for the purpose of construction of the Edwards
Ferry Road sidewalk and the bus shelter project, please indicate by saying, aye.
Members: Aye.
Mayor Burk: I'm going to have to ask for a call. Ms. Fox, and Mr. Dunn, and Mr. Campbell.
All opposed indicate by saying aye.
Vice Mayor Martinez: [inaudible 02:42:14]
Mayor Burk: To his motion to deny authorization.
Vice Mayor Martinez: Indicate by saying aye?
Mayor Burk: Say no.
Council Member Steinberg: Nay.
Mayor Burk: Thank you. All right. Thank you, Mr. Steinberg. Was that Mr. Thiel and myself.
That does not move forward. Mr. Thiel did you have something you wanted to bring forward?
Council Member Thiel: Yes, I'd like to make the motion. Come again.
Mayor Burk: I'm sorry. I forgot to ask for his abstention. Go ahead, Mr. Thiel.
Council Member Thiel: I'd like to make the motion to authorize the condemnation to acquire
the remaining land rights necessary for construction of the project with the caveat that Town
staff will set up community meetings to help subside some of the issues that were brought
up tonight.
Mayor Burk: You're authorizing going through that and adding that Town staff will create
some community meetings, some being-- Did you just want to leave it at some?
Council Member Thiel: Yes, some.
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Mayor Burk: Some community meetings.
Council Member Thiel: There can be big meetings or small meetings if need be. That will
give Town staff the direct lane to work with the community to make sure that your needs are
being met, for both the bus riders and the community. This relationship is going to be worked
back with Town staff and with the community. That's probably the best way moving forward I
believe
Mayor Burk: All right. Is there second-- Council Member Steinberg.
Christine Newton: Excuse me. I'm sorry. Can I clarify? Because the question is going to be
for staff, if you are asking them to proceed with those community meetings before filing the
certificate of take because that certificate of take has a deadline of the 31st. Otherwise he
has a different process. Just to clarify.
Council Member Thiel: If town staff would need to meet with the community before or
after? I'll take your recommendations on when would be the proper time.
Kaj Dentler: I would recommend after. Staff will not have time to make all the .
Council Member Thiel: After the-
Kaj Dentler: The way I heard your motion, you're directing us to file the take and work with
the community before we move forward with construction?
Council Member Thiel: Correct.
Mayor Burk: Is it my understanding that we're authorizing them to proceed, but we are
going to work with the community as this goes through the process. We're going to work with
the community to find out if there's some solutions that we can come up with in regard to
the- not just the shelter, but even the community itself.
Council Member Thiel: Correct.
Mayor Burk: Is that clear?
Council Member Dunn: No.
Christine Newton: I think we would need to know that the motion is to adopt the resolution
as written with an additional provision, so that all of the provisions in the resolution because
those are very technical, and they're required, so that all of those are included.
Mayor Burk: All right. Mr. Thiel is making the motion as is to authorize the acquisition of
permanent temporary easement on the property owned by Heritage Square, a condominium,
a public used by condemnation for the purpose of construction of the Edwards Ferry Road
sidewalk and the bus shelter project with the conditions of-
Council Member Thiel: Meeting with the community after the filing on the 31st.
Mayor Burk: Meeting with the community to do what?
Council Member Thiel: Address community issues, community concerns.
Mayor Burk: Address community concerns involving the shelter?
Council Member Thiel: Yes.
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Mayor Burk: Is that clear? Is that sufficient? Does that make that clear, Mr. Dunn?
Council Member Dunn: It's clear but the objectives are vague.
Mayor Burk: We have a motion. Mr. Steinberg, do you accept those changes? We have a
motion on the table by Mr. Thiel, seconded by Council Member Steinberg. Anybody having
comment at this point before we vote on it, Mr. Campbell.
Council Member Campbell: This is the action that I was trying to propose but I think the
action has to be more specific. It's not just discuss it with the community. The problem,
again, is the location of the bus shelter and its impact on the community. I wish I had a
specific bus stop number because I would put that specific bus stop number into the
resolution, so you know exactly, not just North side, South side, but this particular location,
because that's what that issue. Again, not whether or not a community wants a bus stop the
impact of this particular stop in this particular location.
I'd actually have to vote against this without being specific because then an instruction back
to staff, authorizing them to take would have to make some sense about why we would ask
them to rescind that authorization. To me that's why it has to be very specific as what we're
asking them to do, what information they come back with. If a reasonable accommodation
solution has been found, I think it has to be very specific to be able to say to staff, "On this
basis, we are not still not satisfied. Now, let's rescind the take." That would make sense to
me.
Mayor Burk: Are you suggesting an amendment to the motion?
Council Member Campbell: I'm just looking for language clarification that simply says, what
are we instructing, what's the purpose of our instruction to staff to problem solve the location,
to problem solve the community issues? I think is to problem solve the location so that the
impact on location is minimized for the community. That's what I think we're asking staff to
do.
Council Member Thiel: Is that a friendly amendment to ask staff to-
Council Member Campbell: I’d ask you to accept that as a friendly amendment.
Council Member Thiel: I would.
Mayor Burk: Eileen, did you get that because I didn't get it?
Council Member Thiel: Both.
Mayor Burk: No, he's separating. He's doing--
Council Member Campbell: We're looking at a location because of its impact on the
community, and that's what most of the conversation was about - the impact of this particular
location on the community. We find a better location, minimize the impact on a community,
we've problem solved.
Council Member Thiel: You're asking for Town staff to look at multiple locations for impact.
Council Member Campbell: Problem solve. Whatever that means. Now, they've said
they've already tried to do some level of problem solving. I don't know, again, how they
intend to problem solve in terms of a process. We can't give the staff an authorization that
doesn't have a control about how we rescind it.
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Council Member Thiel: Mr. Markel, was your intention for the motion to be made with the
ideas of looking at the location as part of Town staff initiatives?
Keith Markel: I was more concerned with mitigating the concerns brought up about the
trash, the drugs, the lighting, the sidewalks, those things that we can address, potentially in
that area. Location-wise, we feel this is the least impactful location to the property. With the
condemnation being filed, it would be site specific for this piece of land. The location isn't in
question I think I was recommending was looking at how can we mitigate some of the
concerns that were brought up this evening. Then if you felt that those were addressed
satisfactorily, then you would give us the direction of a forward with construction. If we still
felt that the concerns were not addressed adequately, you could terminate the construction
and we'd just go with the one shelter on the north side of the street.
Council Member Thiel: I feel like it would be duplication of process a little bit. We can add
it. I'll happily suggest, if you want to make a friendly amendment to add multiple locations for
site impact analysis for Town staff to do, I'd be totally fine with that.
Christine Newton: All right. Except that I don't think that you can add it to the same
resolution, this resolution is going to have to be site specific for the condemnation. That may
be a separate resolution, but on this one, I don't think you can--
Council Member Thiel: Okay. Thank you. You might have to make a separate motion.
Council Member Fox: Hold on one second. I didn't get a chance to speak.
Mayor Burk: I know. Just a minute. I just want to clarify what the wording is because Eileen
looks as confused as I do.
Mayor Burk: With the condition of meeting with the community to address community issues
associated with the shelter, is what you originally said? Is that still what you want?
Council Member Thiel: Yes.
Mayor Burk: It's with conditions meeting with the community to address the community's
issues concerning the shelter.
Council Member Thiel: Yes, because the condemnation is specific to this geographical
location. Mr. Campbell will have to make a separate motion.
Mayor Burk: All right, Ms. Fox.
Council Member Fox: I heard from staff that we think this is the best location for this. We've
heard from the community that this is the worst location for this. I'm trying to reconcile those
two, but I'm not sure this resolution does that. I don't think that it addresses this. I have a
problem also with taking property from a property owner who doesn't want something on
their property. We're sitting here still debating that and that to me is a source of concern. I
will vote against this as well.
Mayor Burk: Mr. Dunn.
Council Member Dunn: Thank you. I think the desires are the same for everyone but what
we're getting hung up on is the technicality that this is a take for a particular spot on this
planet.
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While our concerns are global, we're dealing with one little dot, and we're trying to approve
this to allow staff to look at another dot. We would have been better if we need to make
another resolution to look at another location you could have stuck with the original
resolution, deny that take and allow staff to go forward with because if we move this
anywhere, you will need another take if it's required because the property owner refuses,
correct. This resolution is only for this piece of ground.
The goal will be for staff as they go out to the community. I say this kindly, that there will be
an effort to sell the community on this location because that's what the direction of this is. If
we are to use a different location, then we need to give staff that direction and say, "Forget
this take. Go out there. Work with community on the community issues." Then we have a
police officer who said, "He's seen these issues." This isn't just people making this stuff up.
That while we're trying to help in this situation, we have citizens who said they don't want it
at this location. We have a property owner that does not want it at this location.
"Wait, wait, wait. We're here to help. Please let us help you. No, I don't need the gift that
keeps on giving." It may be that we need to just drop back, pick a different location. If we
lose the funds we'll go with the funds some other place. To just push this on, and I think
we're sending the wrong mission to staff to go down a path with, "Take this resolution, work
on this take, talk to the citizens, try to fix all these other things in the community," and maybe
they'll like a bus shelter that they don't have an issue necessarily with the bus stop, they
have an issue with the bus shelter at this location. That's the issue.
We're going to make them have to work towards that by passing this resolution this way. I
think it would have been better, deny the resolution to come back and pass the same
resolution you're suggesting we make to get what you're trying to get to. Again, I think we got
the same goals. I just think we're forcing this to go a certain direction that is not going to end
up with what we want it to be and that is staff is going to be required to work on getting this
location sold to the community. I don't think that's what we're trying to get done. Unless we're
agreeing that, "No, go out there and make the shelter work at this location." I haven't heard
that from Council as being the true directive. I'll be voting against this motion. Thank you.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: I wanted some clarification on the acquisition of the property. You say
you have to file that by January 31st, but you don't have to move on it until you're ready to
have it out to bid. It just gives you the ability to move on it when we finally get all the stuff in
place.
Keith Wilson: This gives us the ability to construct it at that site. Don't mean we have to be
at [crosstalk]
Vice Mayor Martinez: How long do you think that's going to take?
Keith Wilson: I have been trying to work with the community since May. I have had
numerous conversations with the property management company. The board has not just
[crosstalk]
Vice Mayor Martinez: No. What I mean from today to where you actually start construction
and you put out the bids and you've gotten a bid from today to then how much time is that
you put it out forbid?
Keith Wilson: It will be a minimum of 60 probably more closer to 90 because we would have
to advertise it, received the bids, verify the bids or in appropriate form bring them back to
Council for the authorization to award the contract.
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Vice Mayor Martinez: As Council Member Thiel and Steinberg suggested then that from
today when we approve this resolution as was dictated we still have opportunities to go to
you and say, "Pull that certification, we're not going to condemn the property."
Keith Wilson: To not award the construction contract to bid this particular shelter.
Vice Mayor Martinez: We have 60 days to work that out. In that 60 days, we as Council
Members and staff, we're asking staff to go out and talk to the community. We still have that
opportunity.
Keith Wilson: Yes.
Vice Mayor Martinez: Under those conditions, I think I can support this resolution as long
as we know that that's part of the resolution is that we have that ability to stop the bid
process and change our mind on what we need to do as long as we're not awarding the bid
until we get to-- What I would expect for staff is to make sure we are aware of the timeline
and that we have this opportunity to talk with the community. Thank you.
Mayor Burk: All right. Mr. Steinberg, have you spoken to this on the motion?
Council Member Steinberg: I seconded the motion, I wasn't sure that I've actually spoken
to the motion as I seconded-- I don't believe this is enough to force anything down the
throats of the community. I think this should be the best effort between Council, and staff,
and the community to get the best outcome that we possibly can. It may be that in the end,
we close the entire project or at least this section of the project down. I don't know. The idea
of disrupting the overall public transportation system or putting a little dent in it, it does not sit
well with me, but I am also very sympathetic to the community's concerns. I would be willing
to sit in a meeting like this with staff. I have no idea if other members of Council would be. I
also believe it's incumbent upon the community to have more members in this meeting than
just one or two because I don't believe that would be a fair representation of the community
either. The more voices we can get into this conversation to go with a good idea of the best
job that we can do, I believe is the way to go. I think this allows us to do that. It doesn't etch
anything in stone yet, I believe it gives us the options that we're looking for. I'm absolutely in
support of this motion.
Mayor Burk: All right. All in favor of this authorizing the acquisition of permanent and
temporary easement on the property owned by the Heritage Square, a condominium for
public use by the condemnation for the purpose of construction of Edwards Ferry Road
sidewalk and bus shelter project with the conditions of a staff meeting, staff and- would you
say Council staff meeting with the community, and addressing the community's issues
associated with the shelter. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Aye. That is Mr. Thiel, Mr. Steinberg, Mr. Martinez, and Ms. Burk. Opposed.
Members: Nay.
Mayor Burk: Mr. Campbell, Mr. Dunn, and Ms. Fox. All right, that passes. That takes us to
Council disclosures and comments. Mr. Steinberg.
Council Member Steinberg: I have none.
Mayor Burk: Mr. Thiel.
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Council Member Thiel: I have no disclosures. I have prepared a statement. First I'd like to
apologize to our Town Attorney on behalf of three of my colleagues for talking about her
employment with the Town and the public forum instead of behind closed doors where it
should have been held. Secondly, I would like to say that I am truly disappointed in our
Mayor, Vice Mayor because you are supposed to be the ones in charge. You're supposed to
act as leadership for Leesburg. You are supposed to promote decorum and lead the Council
through debate rather than challenge other Council Members through the newspaper. Also
disagreeing with someone comes with mutual respect. For you to attack Councilwoman Fox
or other any Council Member in the newspaper rather than debate is unfair and shows no
respect.
Don't be surprised when that same level of respect is not reciprocated. Moreover, I was
never or will never have been persuaded or pressured by any Council Member to vote a
certain way. Everyone has always told me to vote my conscience and my convictions and
have always done and will continue to do so. It is a shame that three of my colleagues
Mayor Burk, Vice Mayor Martinez, and Council Member Steinberg have brought this issue
into the public light. Because something didn't go your way, you don't have to kick and
scream and talk about it to the paper, instead, handle it behind closed doors where it should
be held.
The Leesburg Town Council has a new standard and that's to run and scream for the
newspaper if something doesn't go your way, and call collusion, this isn't the White House or
the Capitol Building. I'm not sure if any of you have ever had management experience, but
by the recent activities, it looks like that isn't the case. Let me tell you, you don't broadcast
when someone's going to be terminated. You sit down one on one, and talk with the
employee and discuss performance. That chance was taken away after you all decided to
publicize this issue without consulting any of us, none of your other Council Members.
I never talked to Mayor Burk, Vice Mayor Martinez, or Council Member Steinberg about this
process or my decision, nor did they attempt to call me and ask about my thoughts or
positions, or how I was planning to address the situation. Instead, assumptions were made
on my behalf, and I was accused of voting the way whatever prevailing winds would blow. I
say shame on you. You know how many times votes haven't gone my way, which we didn't
even vote on this yet, so I'm not sure how it's a votable issue, and I was commented as
changing my vote when there's never been a vote, but it happens all the time.
You know what I don't do? Run to the newspaper, crying about why Council Members didn't
vote the same way I did. This is how Council works, majority, unless this is a new rule that I
don't know. Lastly, the JLMA has been in closed doors almost the entire time. What do you
think of all the companies in the JLMA are thinking when they see us and the way we're
treating Graydon Manor who is already a Town client? Debated, if you don't think they're
watching, they are watching, every single business in the JLMA is watching, and I wish you
all a great night.
Mayor Burk: Right. Ms. Fox? Mr. Campbell?
Council Member Campbell: I want disclosure on the last Friday, I remember Brian Cullen,
Keane Enterprises about the Virginia Village project. I also want to give recognition on a
somber moment to the lives that were lost this week in California involving the helicopter
crash with Kobe Bryant, his daughter, the five other families, that total nine lives lost. I
realized that lives are being lost every day, in our military, as well as in our country through
various means, and tragedies. This one, obviously, I think has a particular sincere profound
effects on many of our lives, and I just wanted to get pause to say that.
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I also want to echo some of the comments of Council Member Thiel, but want take a little bit
different tact because our Town deserves it. What's at stake for this Town deserves a higher
plane and irregardless of anyone thinking about their particular motives for doing whatever
they did behind closed doors, we'll look at some of the other issues involved, but to me, it
does involve having an overall sense of a moral compass, integrity, ethics. Our citizens
demand that we operate with those levels of priorities. Not that there can't be differences of
opinion or even challenges to who's one might think has any of those qualities. None of us, I
believe, run on those particular qualities, but people wanted to assume not an atmosphere of
destruction to our own self-destruction, but wanted to assume that whatever motives we
think we had wouldn't bring the destruction of citizens in this Town. To me, that would dictate
a certain way to operate, but obviously the current political atmosphere that we live in, the
behaviors that we saw evidenced by three Council Members only serves to undermine. Not
enhance any sense of confidence, undermine the public trust. It's our job and responsibility
not only to keep that trust but in some ways encourage it because running for office is a civic
responsibility.
It's one that we pledge that we will take ourselves somewhat out of the equation and look at
what's best for this Town, not for ourselves or our own political posturing. Boundaries were
crossed, that do deserve a public accounting, and I believe that that will happen at a later
time. I'm also here to announce, and it's kind of ironic, as I look at my own particular service
and all of us look at how we serve or why we serve. Back in November, I decided I wanted to
serve better. What I did, I applied to a credential program on public leadership from the
Harvard Kennedy School. I start my first class today actually, and it is a series of classes,
and then I'll have a capstone program.
It'll probably take me about 18 months, but you can imagine what the first class is. It was just
released at nine o'clock this morning. [chuckles] Moral Leadership and Personal Practice. I
find that this will be extremely good case study as I talk with folks from all over the globe,
about how we morally and ethically engage in the public trust of service. This is not the
example. This may be one to learn from and some painful lessons, but I hope that for the
sake of the Town, what it becomes is instructive and not destructive for the sake of the town.
That we find a way to move forward as I expressed to the Town Manager, my goal is
accountability and moving forward, and I intend to work hard to make sure both happen.
Mayor Burk: Mr. Dunn?
Council Member Dunn: Thank you. I was wanting to find out if there is a desire from
Council to direct staff to work on a conditional agreement with Graydon Manor, should they
need sewer service in the future, that we work out whatever mutual agreement we can with
them, and I'd like to have a work session on that issue.
Mayor Burk: Are there four heads that want to have a work session on that issue. All right.
The four would like a Work session on that issue.
Member Dunn: What was that?
Mayor Burk: The four would like to have a work session on that issue.
Council Member Dunn: All right. Also, I want to state that with the public letter that went
out, it was highly inappropriate. Having been the brunt of numerous public attacks that we're
not following Council rules. I took the approach to follow our guidelines that are set forth in
Robert's Rules. After the false letter that was sent out by Mayor Burk, Vice Mayor Martinez,
and Council Member Steinberg, making false statements, I did follow the rules and sent
them an offer to try to clear this up between us in a quiet manner, which it was difficult since
it was so public to go quiet because that's what Robert's Rules says.
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Having gotten no response from them on that I did bring forward to Council last night a
meeting to discuss what future action might come from that. Anyone that knows me knows
that I am not easily swayed. Ms. Fox didn't do that for me in considering the Graydon Manor.
For me, Graydon Manor, is and by the way, there's no plot against the Town Attorney nor
was there any plot for Graydon Manor. For me, Graydon Manor, simply, a current customer
of a service that we provide as a community. It is our goal to sell more of these services
either more to current customers or find new customers. Graydon Manor fit that.
We are not designing the planning for the Town Leesburg. We are not designing for the
planning for the County. That is up to the County. Our job is to provide more opportunities to
sell more services that we currently have, and Graydon is a current customer. Should
Graydon Manor succeed with the County, I would want to sell them more services. Mr.
Steinberg has shown by his actions and a speech that he is not as familiar with the rules of
Council. That is a quote. He doesn't know all of our rules. Unfortunately though, Mr. Martinez
and Mayor Burk, they do know better and they've been around a long time. Their letter
shows that they just were not willing to work within the Council rules.
By going to the press, and thus the public, with their letter, their Council titles affixed to the
letter, they offered some official stance to the position they took, which I think was improper
for that to be discussing. They really blurred the line between their personal statements and
their public positions. We'll be discussing that in a closed session tonight. For me, I just see
this as yet another political stunt, and it's a shame that a stunt was being used in an effort to-
you can't even imagine what the effort is, but to take somebody's employment and plaster
that over the newspaper. One of the people from the press who called me, asking questions
and I said, "I can't really discuss that to you.”
I do have a question for you Mr., Mrs. newspaper person. How would you like it if your
employment status was plastered over your newspaper?" This person paused for a second,
said, "I wouldn't." I would also say that there seems to be an excessive amount of closed
sessions that we tend to go to. When we go into closed sessions, it should be the very last
acts that we consider because we should be operating mostly in the light of day.
Unfortunately, I think the light of day was put into excess by sending this letter to the paper.
By the way, there are no uses issues with Graydon affecting Microsoft either. Thank you.
Mayor Burk: All right. I would like to thank Bellen Woodard for coming to you today in her
efforts to unite everyone. She's quite a dynamic young woman and I'm sure we're going to
see more from her. Supporting the Jewish community is important to me is just about every
way. The Jewish community has been the object of the worst discrimination in history. As
present attacks grow towards them at this time, it's important to know that we stand in
solidarity with the community. I want to thank the Village of Leesburg for inviting me to help
judge the ice sculpture. It was a bit rainy and cold, but the sculptures were amazing. What
they can do with a big block of ice is just phenomenal. It was great fun and I look forward to
it every year.
Congratulations to Chefscape for their one year anniversary. It was great to see the new
ingenious way of thinking about restaurants, and how they've taken it and it's paid off. It's a
great addition to the culinary scene in Leesburg, and we're lucky to have them. Thanks to
Lift Every Voice for their amazing concert the night before the MLK march. It was as always
truly inspiring. Thanks go to Tammy Carter and the Martin Luther King Junior March
Committee. Every year, they put together an inspiring event that really makes people
remember the importance of Dr. King and his message. That was Matt Myers at the
incoming president of the volunteer firefighters.
These men and women give so much of their time making Leesburg a safe place to live. We
agreed we're going to continue to meet on a quarterly schedule to discuss different issues
50
and ideas. I'm very excited for their commitment. On January 21st, I spoke before the Board
of Supervisors as the Mayor, not on behalf of the Council, asking them to postpone their
vote on the revitalization design of the JLMA. To their credit, they did agree to do that and
last night we created the corporate request. I'm hopeful that this new board is willing to listen
to Leesburg, and this is a good example of the first step they took. On January 22nd, I met
with Niles at the Sidebar, who owns the Sidebar.
We went over the noise ordinance proposal. He had concerns and it helped him to
understand better what we are considering and he felt better after I left. I want to welcome
Optimum Technologies for opening their aerospace engineering company at Blockchain.
Congratulations to Vino Bistro on their one year celebration. Thanks to Delegate Gooditis
and Senator Boysko for holding the Town Hall in these Town Hall chambers. It was a very
diverse group with people with lots of requests, and our two representative stood tall with
grace and patience, and tried to answer as many questions as they could.
I learned a few things I didn't know that are being considered at the State level. I want to
thank the Leesburg Volunteer Rescue Squad for inviting me to their swearing-in of their new
officers. It was a lovely event, and congratulations to all new officers in their accelerated
leadership. I recently held an office hours at Blockchain building and some of the businesses
there came and talked to me about their struggle to get employees that live in the Hub zone.
At their suggestion, they wanted to meet as a group to discuss what everybody in the Hub
zone is struggling with. Russell and Melanie jumped on to it to create a Hub Zone group.
They had a couple of times and the result is that there's going to be a job fair here in
Leesburg, located in the hub zone, looking for Hub zone employees.
I'm very excited this will come about in the late spring. I want to thank our Economic
Development staff for listening to the businesses and reacting to solutions. As for what's
befallen the Council I feel very strongly that when employees do their jobs, they work hard to
meet the challenges and they try to stay above the politics. They are credit to the Town and
they deserve to be treated with respect and protected from political wrangling. I will always
stand up for the employee and I will never back down. At this point, Town Manager, do you
have any comments?
Council Member Dentler: Only one comment to remind Council, you are hosting the Board
of Supervisors on Thursday of this week at six o'clock at Tuskies. It's a social reception only.
There is no official agenda.
Mayor Burk: All right. Thank you. We have a closed session scheduled, a personnel
discussion relating to the annual performance evaluation of the Town Attorney and letter to
the editor of the Loudoun Now from some Council Members. Do I have a motion?
Council Member Dunn: Mayor, I'd like to divide the question.
Mayor Burk: I have to what? I have to read the full motion. I moved to enter closed session
pursuant to Virginia code 2.2-371181 and to A-.2 to discuss number one, discuss the Town
Attorney's performance salary and employment contract and two, consult with legal counsel
retaining by the Town Council regarding legal matters requiring the provision of legal advice
to such counsel, specifically questions raised by the letter to the editor to Loudoun Now from
some members of Council. I moved it. Is there a second? Council Member Fox. Yes.
Christine Newton: We just need to correct them. You said A1 and A2 and I think you meant
A1 and A8.
Mayor Burk: A1 and A8. That's correct.
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Christine Newton: Thank you.
Mayor Burk: We have a motion by myself seconded by Council Member Fox.
Council Member Dunn: Madam Mayor?
Mayor Burk: Yes, sir.
Council Member Dunn: I'd like to divide the question-
Mayor Burk: All right.
Council Member Dunn: - to go into closed session for the annual performance review and
divide that from the closed session for the letter to the editor.
Mayor Burk: We have a motion to divide the question into- move into closed session
pursuant Virginia-- I can't do anything until I get to right code.
Council Member Dunn: While we're waiting, I would say that in the division of that, I just
wanted to have the letter issue discussed in open in part and before we go into closed
session with the attorney.
Mayor Burk: Are we correct on the?
Christine Newton: Mr. Krim is going to advise you on everything to do with the closed
session. If you could just repeat for his benefit what we're trying to do with motion that
would--
Council Member Dunn: Sure. I had said, we have made a motion and it was seconded to
go into closed session for both items. I asked for the division of the question to handle the
annual evaluation as one vote, and then the letter to the editor as another vote. My goal was
to see if there was a desire from the Council to speak in part to the letter to the editor in
open session, and then continue that into closed session as needed.
Martin Krim: Madam Mayor, if I might, I understand the intent of that motion. The idea
behind having the motion written as I did write it, is that those two subjects overlap. As you
did encounter last night difficult to discuss just the issue of the performance evaluation of the
Town Attorney without also getting into the issue of the letter to the editor. It can be done,
but I just wanted to explain why I wrote it the way I did was because of the overlap between
those two issues. It would be helpful to discuss those both in closed session. Obviously, we
can discuss that in open session, but I wouldn't recommend that we--
Council Member Dunn: I'll make it easy. I'll just withdraw that. If I have other questions, I'll
get with you after words, and especially with the late hour.
Martin Krim: Thank you.
Kaj Dentler: Madam Mayor if I may just add a-- This may help you, Mr. Dunn. Last night
Council directed me to add a work session discussion on the letter to the editor issue. That's
on your next work session, February 10, so that may help you with that.
Council Member Dunn: All right. Thank you.
Mayor Burk: All right. We have a motion to go into closed session. Did we answer your
questions? Okay. Go into closed session, it was moved by myself. Seconded by Council
Member Fox. All in favor?
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Members: Aye.
Mayor Burk: Opposed? All right. We will be going into the other room.
Council Member Dunn: Can we meet in here?
Mayor Burk: No. We will be going into the other room.
Council Member Dunn: Can we ask for that [inaudible 03:23:15]?
Mayor Burk: And I have to do it twice? 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 Council. This is a roll call vote. When do I do the wording?
Martin Krim: After that.
Mayor Burk: After. Mr. Dunn?
Council Member Dunn: Aye.
Mayor Burk: Mr. Campbell?
Council Member Campbell: Aye.
Mayor Burk: Ms. Fox?
Council Member Fox: Aye.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: Aye.
Mayor Burk: Mr. Thiel?
Council Member Thiel: Aye.
Mayor Burk: Mr. Stenberg?
Council Member Steinberg: Aye.
Mayor Burk: And Ms. Burk is aye. I direct the Town Manager to proceed with the discussion
with the Town Attorney as discussed in Closed Session. Do I need a second? Second by
Mr. Campbell. Oh was that Mr. Dunn? Seconded by Mr. Dunn. All in favor?
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. Motion to adjourn? Second. That passes 7-0.
Meeting was adjourned at 12:07 a.m.