HomeMy Public PortalAbout2020_tcmin0324D
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COUNCIL MEETING March 24, 2020
Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Burk presiding.
Council Members Present: Ron Campbell, Thomas Dunn (left@ 8:32 p.m.), Suzanne
Fox, Vice Mayor Martinez, Neil Steinberg, Joshua Thiel and Mayor Kelly Burk.
Council Members Absent: None.
Staff Present: Town Manager Kaj Dentler, Deputy Town Manager Keith Markel, Interim
Town Attorney Martin Crim, Director of Finance and Administrative Services Clark Case,
Director of Public Works Renee LaFollette, Director of Utilities Amy Wyks, Director of ·
Information Technology Jakub Jedrzejczak, Leesburg Police Chief Greg Brown, Director of
Parks and Recreation Rich Williams, Leesburg Police Captain David Smith, Deputy
Director and Treasurer of Finance and Administrative Services Lisa Haley, Deputy Director
of Information Technology John Callahan, Management and Budget Officer Jason
Cournoyer, Senior Management Analyst Cole Fazenbaker, and Clerk of Council Eileen
Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Thiel.
3. SALUTE TO THE FLAG was led by Council Member Steinberg.
4. ROLL CALL
a. Electronic Participation
Mayor Burk informed Council that Vice Mayor Martinez and Council Member
Campbell requested to electronically participate in the March 24, 2020 Council Meeting.
Vice Mayor Martinez and Council Member Campbell participated electronically due to the
health and safety concerns associated with the COVID-19 pandemic.
MOTION 2020-082
On a motion by Council Member Fox, seconded by Council Member Thiel, the following was
proposed:
To allow Vice Mayor Martinez and Council Member Campbell to electronically participate in
the March 24, 2020, Council Meeting.
The motion was approved by the following vote:
Aye: Dunn, Fox, Steinberg, Thiel and Mayor Burk
Nay: None
Vote: 5-0-2 (Vice Mayor Martinez and Campbell absent)
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5. MINUTES
a. Work Session Minutes of March 9. 2020
MOTION 2020-083
On a motion by Council Member Fox, seconded by Council Member Thiel, the
minutes of the Work Session of March 9, 2020, were approved by a vote of7-0.
b. Regular Session Minutes of March 10. 2020
MOTION 2020-084
On a motion by Council Member Fox, seconded by Council Member Thiel, the minutes
of the Regular Session of March 10, 2020, were approved by a vote 7-0.
6. ADOPTING THE MEETING AGENDA (AMENDMENTS AND DELETIONS)
Ori a motion by Vice Mayor Martinez, seconded by Council Member Thiel, the meeting
agenda was moved for approval.
7.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: None
Vote: 7-0
CERTIFICATES OF RECOGNITION
a. Certificates of Recognition: None.
8. PROCLAMATIONS
a. Proclamations: Loudoun Literacy Council Celebrating 40 Years of Service
Mayor Burk indicated the proclamation would be mailed to the Loudoun
Literacy Council.
9. PRESENTATIONS
a. Presentation: None.
10. REGIONAL COMMISSION REPORTS
a. Mayor Burk reported that she met with the Coalition of Loudoun Towns
(COLT) and they crafted a letter that was submitted to Loudoun Now that addresses
how the Towns are working together in regard to this virus. ·
11. PETITIONERS
The Petitioners section was opened at 7:05 p.m.
Linda Ifert. 205 Royal Street SE. Spoke to Council regarding the proposed changes
to the Noise Ordinance. She requested that no changes be made on the distance for plainly
audible and to keep it at 50' but noted that some compromise was expected regarding the
weekend hours.
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The Petitioners section was closed at 7:08 p.m.
12. APPROVAL OF THE CONSENT AGENDA
Council Members Campbell and Dunn had questions on item 12.c. -Amendments
to Council Meeting Schedule. Vice Mayor Martinez requested item 12.c. be removed from
the Consent Agenda.
MOTION 2020-085
On a motion by Council Member Steinberg, seconded by Council Member Fox, the following
Consent Agenda was proposed with item 12.c. -Amendments to Council Meeting Schedule removed:
a. Police Patrol Vehicle Purchase
RESOLUTION 2020-046
Authorizing the Purchase of Four 2020 Ford Explorer Police Patrol Vehicles using
Capital Asset Replacement Funds as approved in the Fiscal Year 2020 Budget
b. Police Department E-Summons System
c.
RESOLUTION 2020-047
Amendment to Approved New World/ Tyler Technologies License Agreement for Police
Department Electronic Summons System; and Supplemental Appropriation for Fiscal
Year2020
The Consent Agenda was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: Dunn
Vote: 6-1
Amendments to Council Meeting Schedule
MOTION 2020-086
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg,
the following was proposed:
RESOLUTION 2020-048
Amending the Calendar Year 2020 Town Council Meeting Schedule
Mr. Crim informed Council that it is required to have a quorum present in
order to conduct any business and that the Virginia Freedom of Information Act
allows people to participate remotely as long as a physical quorum is present for all
purposes. He added that there is a specific provision in the Virginia Freedom of
Information Act that allows Council to have a fully electronic meeting which is
limited to three circumstances. Mr. Crim noted that all three circumstances have to
occur for it to be legal. Those three circumstances include an emergency declaration
by the Governor; when the emergency makes it impractical or unsafe for Council to
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gather as a body; and, that the discussion is limited to addressing the emergency.
Mr. Crim noted that the Governor has declared a state of emergency and that the
health and safety concerns associated with the COVID-19 pandemic would qualify
as being impractical or unsafe to physically attend the meeting in person. He added
at some point depending on the circumstances, Council may need to have more than
three members participating electronically. In those instances, only topics associated
with the emergency may be discussed. Mr. Crim noted that one of the items
Council could address under the emergency is the adoption of a Continuity of
Government ordinance that would allow limited discussion on items that would
cause irreparable harm if not addressed immediately. He said that while this is an
evolving situation, it was important to protect the Town against any accusation in
any of its actions as being illegal.
Ms. Fox asked questions about the Loudoun County Board of Supervisor's
actions to adopt an emergency ordinance and how an electronic meeting would be
called. Mr. Crim said an electronic meeting would be noticed like any other special
meeting and would provide a means for the public to listen. He added that there
may be some differences between participating in an electronic meeting and a
physical meeting in terms of roll call votes and how members may be called on when
they wish to speak.
Mr. Campbell noted that there is a lot of information out there and thought it
would be wise for Council to meet to discuss this topic to proactively determine what
can and cannot be discussed in remote electronic meetings. Noting that the situation
may get worse, Mr. Campbell suggested that there may be some items that Council is
deferring to a later dates that may need to be discussed as regular business now
seeing that Council may not be able to discuss later if they go to fully electronic
meetings. Mayor Burk noted that Mr. Campbell's request will need to be a separate
agenda item as it is not part of the current motion. Mr. Campbell asked if an
amended motion or a separate motion was needed to allow Council to meet fully by
electronic means. Mr. Crim said a motion was not necessary as the provision is
already provided to Council in the statute under the circumstances already discussed.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: None
Vote: 7-0
13. PUBLIC HEARINGS
a. Public Hearing -Setting Tax Rates on Real Property and Certain Personal
Property for Tax Year 2020
The public hearing was opened at 7:20 p.m.
Mr. Cole Fazenbaker gave a brief presentation on the proposed tax rate and
fees. Mr. Fazenbaker said the Town Manager proposed a real estate tax rate of 18.4¢
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per $100 of assessed value. He noted that after the FY2021 budget was proposed, the
Town received notification that the State-mandated retirement contributions
increased by $212,000 but added that healthcare insurance renewals realized a
$75,000 savings. The net impact to the budget is $137,000 which is equivalent to
18.56¢ per $100 of assessed value. Mr. Fazenbaker said that the advertised tax rate
was 19 .4¢ per $100 of assessed value. Council can approve a tax rate up to this
amount. Mr. Fazenbaker also discussed how a tax dollar is spent and the average ·
tax bill at 18.56¢ per $100 of assessed value would increase by $44 annually.
Public Speakers:
There were no public speakers wishing to address this public hearing.
Council Member Dunn asked Mr. Jason Cournoyer if he had a breakdown of
the cost per employee the Town pays in retirement benefits. Mr. Cournoyer
explained that there were different Virginia Retirement System (VRS) plans for
employees based on when they were hired so the average per person was not the
same but that the contribution is defined by the VRS system overall as a percentage
of the Town's payroll. He noted for budgeting purposes the Town was given notice
in the fall that the percentage would be 10.5% of payroll but the number changed at
the beginning of the year to 11.4% which is 0.9% higher or a $212,000 impact to the
General Fund. Mr. Cournoyer said the Town does not budget a certain amount per
employee. Mr. Dunn was asking for an average of what the amount would be if you
took the number of employees and divided it by the contributic,m. Mr. Cournoyer
said he would provide this information to Mr. Dunn.
Council Member Fox asked the reasoning for the increase. Mr. Clark Case
said that it was due to the declining interest rates and that the expectation is that over
the next 10 years bonds will not return the same amount of money that they have
been returning over the last 30 years.
Council Member Campbell asked Mr. Kaj Dentler to confirm that he would
be able to find funding for the increased VRS contribution without a tax increase.
Mr. Dentler confirmed that was correct.
Before closing the Public Hearing, Mayor Burk restated the title of the Public
Hearing as Setting Tax Rates on Real Property and Certain Personal Property for
Tax Year 2020. Ms. Eileen Boeing said it was incorrectly listed in the meeting script
but correct everywhere else and suggested to Mayor Burk that she reread the title of
the Public Hearing and ask again if there were any speakers wishing to speak.
Mayor Burk asked if there were any public speakers and there were none.
The public hearing was closed at 7:32 p.m.
Approval of the tax rate must pass by a roll call, super majority vote.
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MOTION
On a motion by Coundl Member Steinberg, seconded by Vice Mayor Martinez, the
following was proposed:
ORDINANCE
Setting the Real Taxable Property Rate and the Tax Rate for Certain Personal
Property for Tax Year 2020 at 18.56¢per $100 of Assessed Value; Amending Appendix
B -Fee Schedule, Section 20-22
Council Member Dunn said he could not support an increased tax rate. He
asked staff for the equalized tax rate. Mr. Fazenbaker said the equalized tax rate is
$17 .5¢ per $100 of assessed value. Mr. Dunn advocated for art equalized tax rate
noting that even without the hard times that are currently upon them that Council
should hold themselves more accountable for the collection and spending of tax
dollars. He noted that in years past when the real estate market crashed and the
Town fell on hard times, it showed that they could get by with fewer positions. Mr.
Dunn stated that even with an international pandemic, some members of Council
were willing to raise taxes. He believed it was a time to lower taxes.
Council Member Fox said that historically with a recession looming, it is
never a good time to raise taxes. She believed Council was being hit with some new
and heavier priorities. Ms. Fox wished there was equal political will to lower taxes
as there was to increase taxes and cover things that they'd like to have. Going
forward, Council Member Fox said she could only support and advocate for
additional funding for essential services.
Council Member Campbell spoke about the reality of the Town noting that
the currerit situation doesn't diminish the obligations of the Town as a municipality.
He said it behooves Council to be effective and efficient in the good times and the
bad. He added that the use of taxpayer dollars are an approval of the size of
government Leesburg is, as well as the obligations it has to its citizens and growing
population. Mr. Campbell said he did not believe that Council would be
disrespecting that by saying that the community has needs. He noted that a tax rate
of 18.56¢ will cover the VRS contribution but that 18.4¢ Will not. Mr. Campbell said
he could support maintaining the tax rate but not the higher rate. Council Member
Campbell said while many municipalities will have to deal with a loss of revenue
that this is not about political will. He added that just because they know how to
tighten their belts during tough times doesn't mean that they can get by without it.
Mr. Campbell said it means things will be tight and that people will be stressed and
stretched and hopes it won't last for a long time. Council Member Campbell said
that while he believes some needs remain, he agrees with the Town Manager;s
recommendation and will not support the motion at 18.56¢ but not because he
doesn't believe in tax increases, but because it may be unnecessary at this particular
time.
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Council Member Thiel said.he could not support the 18.56¢ tax rate but was
comfortable with the Town Manager's proposed 18.4¢ tax rate. He noted that many
residents have fallen on some hard times. Mr. Thiel said that while Leesburg's
economy was thriving, the current circumstances have changed that and did not
think it was prudent of Council to be asking for more money when residents are
struggling and some are not working. Council Member Thiel said he would not be
supporting the 18.56¢ tax rate but could support the tax rate at 18.4¢.
Vice Mayor Martinez asked Council Member Steinberg for a friendly
amendment to change the tax rate to 18.4¢. The amendment was not accepted by
Council Member Steinberg. Mr. Martinez made a separate motion.
MOTION
On a motion by Vice Mayor Martinez, seconded by Council Member Campbell, the
following was proposed:
ORDINANCE
Setting the Real Taxable Property Rate and the Tax Rate for Certain Personal
Property for Tax Year 2020 at 18.4¢ per $100 of Assessed Value; Amending Appendix
B -Fee Schedule, Section 20-22
Council Member Steinberg spoke in defense of the 18.56¢ tax rate noting that
with the crisis the Town is facing, notwithstanding, that they still have a Town to
run. Mr. Steinberg said that he recognizes that even holding the tax rate at 18.4¢ that
the real estate and certain personal property rates may raise more revenue but that
the Town is absolutely going to see declining revenues in sales tax, meals tax, hotel
occupancy tax, BPOL tax, Ida Lee fees, parking fees, application fees, and so on.
Mr. Steinberg said that even at the 18.4¢ rate, the Town is moving backwards.
Council Member Steinberg said he cannot support the 18.4¢ tax rate.
Council Member Dunn said that he could not support an 18.4¢ tax rate
because there would be reduced fees and taxes collected elsewhere. Mr. Dunn said it
did not represent a reduction in what the government can do.
Council Member Thiel asked if Vice Mayor Martinez's motion included the
$137,000 for the VRS contribution to be redistributed by the Town Manager. Mr.
Martinez said it would be at the Town Manager's discretion how to distribute it.
Mayor Burk said the answer is yes based on feedback from the staff.
Mayor Burk took a roll call vote to adopt the Ordinance with an 18. 4¢ tax rate:
Campbell -aye; Dunn -nay; Fox -nay; Thiel -aye; Steinberg -nay; Vice Mayor
Martinez -aye; Mayor Burk -aye.
The motion failed by a vote of 4-3.
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Council Member Dunn made a motion to adopt the Ordinance with a 17 .5¢
tax rate.
MOTION
On a motion by Council Member Dunn, seconded by Council Member Fox, the
following was proposed:
ORDINANCE
Setting the Real Taxable Property Rate and the Tax Rate for Certain Personal
Property for Tax Year 2020 at 17. 5¢ per $100 of Assessed Value; Amending Appendix
B -Fee Schedule, Section 20-22
Mayor Burk took a roll call vote to adopt the Ordinance with a 17. 5¢ tax rate:
Dunn -aye; Fox -aye; Thiel -aye; Mayor Burk -nay; Steinberg -nay; Vice Mayor
Martinez -nay; Campbell -nay.
The motion failed by a vote of 3-4.
Council Member Steinberg amended his original motion to adopt the
Ordinance with an 18.4¢ tax rate. Vice Mayor Martinez supported the amendment.
MOTION 2020-087
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the
following was proposed:
ORDINANCE 2020-0-005
Setting the Real Taxable Property Rate and the Tax Rate for Certain Personal
Property for Tax Year 2020 at 18.4¢per $100 of Assessed Value; Amending Appendix
B -Fee Schedule, Section 20-22
Mayor Burk took a ·roll call vote to adopt the Ordinance with an 18. 4¢ tax rate:
Dunn -nay; Fox -aye; Campbell -aye; Vice Mayor Martinez-aye; Thiel -nay.
Mayor Burk -aye; Steinberg -aye
The motion passed by a vote of6-1.
14. RESOLUTIONS/ORDINANCES/MOTIONS
a. Fiscal Year 2021 Budget and Fiscal Year 2020-2025 Capital Improvements
Program
MOTION 2020-088
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
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ORDINANCE 2020-0-006
Adopting the Budget for Fiscal Year 2021; Making Appropriations for Fiscal Year
2020 for the General Fund, Utilities Fund, Capital Projects Fund, and Northern
Virginia Transportation Authority {NVT A) Fund,· Amendments to the Budget and
Supplemental Appropriations by Council Resolution; and Authorizing and Directing
the Town Manager to Take All Steps Necessary and Prudent to Effectuate the
Implementation of the Ordinance
Council Member Dunn asked to divide the question to allow him to vote
separately on the Capital Improvements Program. After the vote, Mr. Cournoyer
clarified that the Capital Improvements Program is adopted through a separate
resolution. Therefore, the Mayor asked each member to recast their vote on the .
Ordinance as presented. During the discussion, Mr. Dunn said he would be
abstaining from the vote on the budget stating that not spending more is not giving
relief and increasing taxes is not giving relief. He noted that reducing what the Town
spends and reducing the tax rate and fees is what really helps and the proposed
budget is not doing that.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: None
Vote: 6-0-1 (Dunn abstain)
MOTION 2020-089
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
RESOLUTION 2020-049
Adopting the Fiscal Year 2020-2025 Capital Improvements Program in the amount of
$232,043,950
Council Member Dunn stated that the Capital Improvements are those items
that most often directly benefit the citizens. Mr. Dunn said that if there was any area
where the Town should be looking to increase spending it would be in the capital
improvements category.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor
Burk
Nay: None
Vote: 7-0
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b. Morven Park Road Sidewalk Project-Waterline Design
MOTION 2020-090
On a motion by Council Member Steinberg, seconded by Council Member Fox, the
following was proposed:
RESOLUTION 2020-050
Approve and Authorize the Town Manager to Execute Design Change Order
No. 3 in the amount of $67,133.55 for the Morven Park Road Sidewalk
Improvement Project
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor
Burk
Nay: None
Vote: 7-0
c. Motion to Approve the Earth Day Proclamation
MOTION 2020-091
On a motion by Mayor Burk, seconded by Council Member Steinberg, the following
was proposed:
I move to approve the Earth Day Proclamation to be presented at the April 14, 2020,
Council Meeting.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: None
Vote: 6-0-1 (Dunn abstain)
d. Motion to Approve the Arbor Day Proclamation
MOTION 2020-092
On a motion by Mayor Burk, seconded by Council Member Thiel, the following was
proposed:
I move to approve the Arbor Day Proclamation to be presented at the April 14, 2020, ·
Council Meeting.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: None
Vote: 6-0-1 (Dunn abstain)
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15.
e: Motion to Approve the Census Day Proclamation
MOTION 2020-093
On a motion by Mayor Burk, seconded by Council Member Thiel, the following was
proposed:
I move to approve the Census Day Proclamation to be presented at the April 14, 2020,
Council Meeting.
Council Member Fox asked if this was a real day becaus~ she had heard of a
Census Year but never a Census Day. Mayor Burk said it is a real day.
Council Member Dunn asked about having people attend meetings to accept
proclamations since the emergency was declared past this date. Mayor Burk said
that the recipients will not be invited to accept but that the proclamations will be
mailed to them afterwards.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: None
Vote: 6-0-1 (Dunn abstain)
UNFINISHED BUSINESS
a. Noise Ordinance Amendments Discussion
MOTION
On a motion by Council Member Steinberg, seconded by Council Member Thiel, the
following was proposed:
ORDINANCE
Amending Town Code Chapter 24 (Offenses and Miscellaneous Provisions), Article V
(Offenses against Public Peace and Order), Division 1 (Generally) Section 24-182
(Declaration of Policy)
Council Member Fox noted that the iritent was to get the Noise Ordinance
amendments done in advance of the outdoor dining season. With the current
situation it may not be as imperative. Ms. Fox asked ifit would be better, as noted is
one of the emails Council received, to wait until the Legacy Leesburg project was
complete. Mayor Burk said that was possible if it was what the majority of Council
decided to do. Council Member Fox said she was comfortable with the changes
Council made but just wanted to be sure it was considered as she did not think it was
an umeasonable request.
Council Member Steinberg said this issue has been discussed for quite some
time and noted the emails that had been received as well as Ms. Ifert's comments.
He said it appears that people are willing to reach a compromise and that not
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everyone will be happy. Mr. Steinberg asked for an amendment on the Noise
Ordinance amendments to state that after two infractions in a 12-month period will
result in a loss of the permit for six months. Mr. Thiel did not accept the
amendment. Mr. Steinberg made a separate motion.
MOTION
On a motion by Council Member Steinberg, seconded by Council Member Fox, the
following was proposed:
To amend the Ordinance to change the language to state that after two in.fractions in a
12-month period will result in the loss of the permit for six months.
Mayor Burk asked Council Member Steinberg if he would consider making
the amendment to lose a permit for six months after one infraction. She noted that
the Police often mitigate the situation and it is often a last resort for the Police to
issue a violation. Mr. Steinberg did not accept the amendment.
Council Member Dunn said that he appreciates the effort, but unless Council
dictates to the Police to enforce it, it is an empty Ordinance. Mr. Dunn said he could
not support the motion and in the end all the Town is going to have is unhappy
residents and unhappy businesses. · ·
Council Member Campbell noted the number of emails that were received
and stated that while a Public Hearing was previously held, it was not to these exact
amendments. Mr. Campbell said there was value to hearing the voices from both the
residents and the business owners. He added that it is not just about this Ordinance
but also how it fits into the overall Comprehensive Plan for the Town. Mr.
Campbell said he would not be supporting this motion or the main motion.
Council Member Thiel asked if the permit application process was
established. He asked if it was based on an annual basis or 12 months from when it
was obtained. Mayor Burk and Mr. Dentler confirmed it is 12 months from when
the permit is issued.
Mayor Burk asked for an amendment to changing the time for special events.
She noted her concern that someone could get two permits and play music
continually from 7:00 a.m. until 10:00 p.m. at night. She asked if there could be a
change for special events to go from 7:00 a.m. to 10:00 a.m. to allow some respite
from the noise. Mr. Steinberg was agreeable to an amendment. Mr. Thiel said it
was his understanding that the times for morning special events was from 7:00 a.m.
to 2:00 p.m. so that there was not a gray area from 10:00 a.m. to 2:00 p.m. until the
2:00 p.m. to 10:00 p.m. starts. Council Member Campbell noted that the motion is
to amend the number of violations in a 12-month period. Mayor Burk took a vote on
the proposed amendment to change the number of violations in a 12-month period.
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The motion was approved by the following vote:
Aye: Dunn, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: Campbell
Vote: 6-1
Council Member Fox asked if it would be possible to issue only one special
event permit per day. Council Member Steinberg asked what would happen if
someone was doing a charity event in multiple locations on the same day as has
happened in the past. Mr. Dentler said that one permit could be issued to one person
for multiple events on the same day. Mr. Crim suggested adding the language to the
end of subsection seven, "The Town Manager shall not issue two event permits for
the same day for a single location." Mayor Burk confirmed that was her intent.
Council Member Steinberg and Council Member Thiel accepted the amendment to
the motion.
MOTION 2020-094
On a motion by Council Member Steinberg, seconded by Council Member Thiel, the
following was proposed:
ORDINANCE 2020-0-007
Amending Town Code Chapter 24 (Offenses and Miscellaneous Provisions), Article V
(Offenses against Public Peace and Order), Division 1 (Generally) Seaion 24-182 (Declaration
of Policy) with the amendment that after two tn.fraaions in a 12-month period will result in the
loss of the permit for six months and the addition of the sentence in subseaion seven, "The
Town Manager shall not issue two event permits for the same day for a single location. "
Council Member Steinberg noted that he appreciated Council Member
Campbell's comments regarding the need for an additional public hearing but that a
public hearing was held and the process was carried through. Mr. Steinberg said that
Council has received public input and that he believes that Council has built the best
Noise Ordinance to their ability and the item should move forward.
Council Member Campbell said he has been supportive ofa stronger Noise
Ordinance. It was not his intent to delay the process but rather wanted to ensure that
there were not unintended consequences. He also did not want to place an
additional burden on the Police to have to enforce. Mr. Campbell said this was more
enforceable with the businesses but may not fully address the quality oflife issues
and concerns of residents and that this will not be the last time they will have to deal
with this issue.
The motion passed by the following vote:
Aye: Campbell, Vice Mayor Martinez, Steinberg, Thiel
Nay: Dunn, Fox and Mayor Burk
Vote: 4-3
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16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS I ADDITIONS TO
FUTURE MEETINGS
Council Member Thiel stated that with the current situation and everything that has
been looming that it would not be in the best interest to move the Town Manager's
performance evaluation to May. Mr. Thiel said his sole intent of this action was to de-
politicize the Town Manager's evaluation process and how he is looked upon by the Town
Council and to ensure that he is not put in a political discourse or debate for any reason.
Mr. Thiel asked if a motion was in order. Mr. Crim stated that a straw poll was taken at the
Work Session to put this on the agenda. He confirmed with Mr. Thiel that his intent was to
defer it to a future date. Mr. Thiel confirmed that was correct. Mr. Dunn objected citing
previous precedent regarding requests to move items set for a Work Session and those
requests were denied. Mr. Dunn said there was no mechanism in Council's rules to reverse
four head nods for things to move forward at future meetings. Council Member Dunn
added that if it had been a formal vote it could have been rescinded or reconsidered. Mayor
Burk noted that a head nod does not commit Council. She said the head nods can provide
indication but is not a final vote. She said she would allow Mr. Thiel to make a motion.
Mr. Dunn reiterated his objection and noted that he has tried to do this in the past and has
been denied. Mr. Dunn also noted that there was nothing that prevented Council Member
Thiel from asking for the item _to be moved to a future date when it appeared on the agenda.
Vice Mayor Martinez commented that the action taken at a Work Session to move this item
forward was not a formal action and noted that he supported Council Member Thiel's desire
to change his head nod if he desired.
MOTION 2020-095
On a motion by Council Member Thiel, seconded by Council Member Steinberg, the following
was proposed:
To delay the peiformance evaluation of the Town Manager to a fature date.
Council Member Dunn said he would research where this issue has come up in the
past and provide the email exchange where he was told it could not be done. He noted that
he has asked for items to be moved forward but in previous discussions was told that once
and item was approved to be added to the calendar, it belonged to Council. Mr. Dunn
asked for consistency on these requests.
The motion was approved by the following vote:
Aye: Campbell, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk
Nay: Dunn, Fox
Vote: 5-2
Council Member Thiel requested a discussion on having the Town Attorney act as a
parliamentarian.
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COUNCIL MEETING March 24, 2020
It was the consensus of Council to add this item to a future Work Session for discussion
(Campbell, Fox, Vice Mayor Martinez, Steinberg, Thiel and Mayor Burk).
Council Member Thiel said he hoped everyone was doing well despite the current
situation and prays that this comes to a halt soon and everyone who is sick gets well. Mr.
Thiel said he is praying for the Town, the Commonwealth and the County.
Council Member Campbell disclosed he met with Mr. Larry Beerman on an
affordable housing project for seniors. Mr. Campbell congratulated Executive Director
Nikki Daruwala with the Loudoun Literacy Council for their 40 years of service to the
community and thanked for them for their great work. Mr. Campbell said that the
comrimnity and Council have tough decisions ahead. Mr. Campbell said that while
maintaining transparency, it will be important to keep the Council, staff and residents safe.
Council Member Campbell said he will continue to ask questions regarding this current
crisis and while he didn't want to be redundant, he will continue to share all of the
information he receives with the public. He also said there may come a time when the
Town may have to take its own actions and that everyone will rise to meet the best interests
of the community.
Council Member Fox expressed gratitude for the efforts with the Crisis at the local
level. She noted that many restauranteurs were experiencing hard times and knows of one
that is providing meals for his employees which goes above and beyond. She reminded
everyone to check in on their neighbors and offering assistance and staying positive. Ms.
Fox encouraged people to listen and heed the advice of the CDC and as they heard from Dr.
Goodfriend at the Work Session, everyone can support their local restaurants as best they
can within their own budgets. Council Member Fox said that doing some of these things
are being considerate of others and will help everyone pull through this together. She was
encouraged with what she has seen so far and wished everyone health and safety.
Vice Mayor Martinez noted these are trying times for everyone and commended the
Town Manager and staff for all the hard work they are doing. He noted that this has not
been a 9:00-5:00 crisis and that staffhave been working at all hours. Mr. Martinez noted
that he has essentially self-quarantined himself. He added to Council Member Fox's
comments regarding how amazing people have been, especially in the neighborhoods, in
helping each other. Vice Mayor Martinez said that sometimes in a crisis, you really get to
see what kind of community you live in. He said that it is a community that he is proud to
be a part of, especially Bellview Court. Mr. Martinez told everyone to stay healthy and to
wash their hands. He added that using WebEx to participate in meetings was new and a
challenge but they are making it work and added that Council may not always agree with
each other but they are working together to make sure to keep the Town above water and
continue to work with the residents. He wished everyone a nice two weeks.
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COUNCIL MEETING March 24, 2020
18. MAYOR DISCLOSURES AND COMMENTS I ADDITIONS TO FUTURE
MEETINGS
Mayor Burk reiterated what everyone has already said that these are difficult times.
She said there were many examples of great things that people are doing in their
neighborhoods and how the Police are taking care of everyone as they should be. She
commended the community, the hospital workers, first responders and everyone out there
that have been working to make sure everyone is safe. Mayor Burk said that there is a
movement that the Mayor of Haymarket shared with her where every night at 8:00 p.m.
everyone goes out onto their porch and for one minute makes some type of noise by playing
music, singing, etc., to make sure that everyone realizes there are people out there that are
putting their lives on the line and they need to be acknowledged. Mayor Burk noted that
she rang a cowbell on her porch. She said it may seem like a small gesture but is a good
event. Mayor Burk told everyone to stay safe and know that everyone on Council are
concerned and are doing everything possible to help the businesses and residents. She
added that if anyone has any concerns to contact Council but that they are working as a
team to make things better during this difficult time.
19. TOWNMANAGERCOMMENTS
Mr, Dentler advised Council that a planning team has been established made up of
several different department representatives who are doing contingency planning. He said
they are looking ahead and challenging departments to check in on department plans. He.
added that he gave the direction to look out at least six months. Mr. Dentler said in the
Parks and Recreation world, they're already looking into the summer and whether the
summerprograms will happen and ifthe July 4t1i celebration will happen. He noted those
are things staff doesn't know at this point. The team is establishing the decision points on
whether some things will move forward or not. The team is exercising flexibility as many
things are changing rapidly. Mr. Dentler said that bulk collection was something the Town
learned about the previous week. The contractor is not providing this service right now.
Mr. Dentler added that the contractor is not billing the Town for the bulk serviees which is a
savings of$5,000 per month. He added that Town Hall remains open for the time being but
that they will be closing off all but the main floor to the public. Mr. Dentler said that there
have been about a dozen people that have come to Town Hall on a daily basis.
Accommodations have been made to exchange engineering plans as needed through the use
of a cart in the hallway where plans are dropped off and staff retrieves them to limit contact
which is just one of protocols being established to reduce human contact. Council will
continue to have access to all parts of the building with their badges. Mr. Dentler said the
last thing he wants to do is close Town Hall completely but if he does it will be a last step.
20. CLOSED SESSION
a. None.
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COUNCIL MEETING March 24, 2020
21. ADJOURNMENT
On a motion by Coundl Member Steinberg, seconded by Coundl Member Thiel, the meeting
was adjourned at 8:44 p.m.
ATTEST:
&~.~~·i?
Clerk of Council
2020_tcmin0324
~6=1..__ KellyB!k,M~
Town of Leesburg
17 I Page
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March 24, 2020 – 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’d like to call to order tonight's March 24th, 2020, meeting of Leesburg Town
Council. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Thiel
is doing the invocation and Council Member Steinberg is going to be a stand-in for the pledge of
allegiance for Mr. Campbell. Mr. Thiel?
Council Member Joshua Thiel: Yes, if you'd like to bow your heads, please do so. Lord, I pray that all
who've been affected by this current virus are on the mend and looking to get well soon. Please watch
over our great Nation, our Commonwealth and our Town. In these dark times, it's hard to see the
positives but please show us even in this dark time, there is always light and there is always some
positive that you have brought unto our great town and great commonwealth and nation.
The Book of Psalms verse 23:4 says, "Even though I walk to the valley of the shadow of death, I fear
no evil, for you are with me. Your rod and your staff, they comfort me." Please help everybody that is in
your need at this time. Bidding everybody with the coronavirus Godspeed. Amen.
Mayor Burk: Mr. Steinberg?
Participants: 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: To the public, I want to reiterate what I said last night, that because of the coronavirus
that's going around, we are observing the social distances. So, there is six feet or so between all of us
and we have five people here tonight, Mr. Steinberg, Mr. Dunn, Ms. Fox, and Mr. Thiel and myself, and
we have Mr. Campbell and Mr. Martinez at home calling in. Gentlemen you both are online, you can
hear us?
Council Member Ronald Campbell: Yes.
Vice Mayor Fernando “Marty” Martinez: Yes.
Mayor Burk: Great. All right, I need a motion to move to allow the Vice Mayor Martinez and Council
Member Campbell to electronically participate in the March 24th, 2020 Council meeting.
Council Member Suzanne Fox: Moved.
Mayor Burk: So moved by Council Member Fox second? Second? Second by Council Member Thiel.
All in favor?
Members: Aye.
Mayor Burk: Opposed? That would be 5-0-2. All right, gentlemen, you are now part of the meeting. I
have a motion for work session minutes of March 9th, 2020. Do I have a motion?
Council Member Fox: So moved.
Mayor Burk: So moved by Council Member Fox. Second?
Council Member Thiel: Second.
Mayor Burk: Second by Council Member Thiel. All in favor?
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Members: Aye.
Mayor Burk: Opposed? So that is 7-0. Regular session minutes with March 10th, 2020, do I have a
motion?
Council Member Fox: So moved.
Mayor Burk: Moved by Council Member Fox. Second?
Council Member Thiel: Second.
Mayor Burk: Council Member Thiel. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That's 7-0. Do I have a motion to adopt the meeting agenda for tonight?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Council Member Martinez. Second? Council Member Thiel. All in favor?
Members: Aye.
Mayor Burk: Opposed? All right, that's 7-0. We have no certificates of recognition or presentations.
The proclamation for the Loudoun Literacy Council, their 40 years of service, will be mailed to them.
They thought that it was a good idea to have it delivered in the mail rather than coming in tonight. We
have no presentations. Regional reports?
Anyone have any regional reports? I just want to report that I met with the Coalition of Loudoun Towns
and we put together a letter that went into the Loudoun Now that talks about what the towns are working
together in regard to this virus. You can see it when the newspaper comes out but it's from all of the
Town Mayors.
Petitioners, 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, and if comfortable doing so, give your
address for the taped record. Any public speaker will be requested to state their names and spell it for
the purpose of closed captioning. 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 yielding the
floor when the bell indicates your time has expired.
Under the Rules of Order adopted by this Council, the five-minute time limit applies to all. We have
nobody who signed up to be a petitioner tonight. Is there anybody in the audience that didn't sign up
that wanted to speak? Linda, you want to come forward?
Linda Ifert: I am Linda Ifert at 205 Royal Street SE in Leesburg. I really didn't want to come out, but I
felt like I needed to since somehow I missed that public hearing in March. I don't know how that got by
me. Anyways, so here I am. I want to say a few things about the noise ordinance amendments. I first
beg you to keep it at the 50-foot limit for the plainly audible limit distance and don't increase it to 100
feet. Please don't do that to me. My property is 50 feet from the source of music at MacDowell's, so
please keep it at the 50 feet.
The increase to ten o'clock on Fridays and Saturdays, that's a compromise that I think we had been
discussing at several meetings about having to compromise as long as it's just Friday and Saturday
and not increase beyond that through the week. I would have liked it earlier, 8:00 or 9:00 to stay, at
8:00 or at 9:00 on Fridays and Saturdays, but this is a compromise, I realize. I want to make sure that
the plainly audible does stay in effect at all times. That we are able to maintain that clause. Thank you.
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I wanted to just suggest maybe it might be a good idea to have a trial period for this to maybe do it
temporarily through the end of the year to the ten o'clock on Fridays and Saturdays and reassess at the
end of the year to see how it goes, and possibly re-vote and see if it works out for everybody at that
point. Make sure I got everything I wanted to say. I think that's it. Thank you.
Mayor Burk: Thank you. Thank you very much for coming out. Is there anybody else in the audience
that didn't sign up that would like to speak at this point? All right. That being the case, I will close
petitioner session.
That takes us to the consent agenda. We only have three things on the consent agenda tonight. 12A is
authorizing the purchase of four 2020 Ford Explorer Police patrol vehicles using the capital assessment
replacement funds, as approved in the Fiscal Year 2020 budget.
12B is the Police Department e-summon system. That's to amend to approve the New World/Tyler
Technology license agreement for the Police Department's electronic summons system and
supplemental appropriation for Fiscal Year 2020. C is the amendment to the Council meeting schedule,
amending the calendar year 2020 Town Council meeting schedule as we spoke about last night. Is
there any item that anyone wants removed?
Council Member Thomas S. Dunn: I had a question on item C.
Mayor Burk: Yes.
Council Member Dunn: You want me to ask you now?
Mayor Burk: Yes.
Council Member Dunn: I think I mentioned it and I think Councilman Campbell may have addressed
it and I think I mentioned it to you after the meeting is, is there any mechanism by which we can add
verbiage here that wouldn't allow us to meet all electronically should the need arise? That's definitely a
you cannot do.
Mayor Burk: We cannot do that.
Council Member Dunn: So you have to have a quorum in-person.
Mayor Burk: You have to have a quorum, correct.
Council Member Dunn: The quorum has to be maintained in order to take any votes. If we lose the
quorum, then the meeting is officially over, but you could still talk about things but you can't vote. All
right. Thank you.
Council Member Campbell: Excuse me. I have a question.
Mayor Burk: Yes sir.
Council Member Campbell: Yes, I don't believe your statement is correct. I was going to add it later
to a point to call a special meeting to talk about the conditions under which full electronic meetings can
happen. I think we received some new information yesterday in addition to prior information from Mr.
Crim and under the increasingly distressed conditions that many governments are experiencing,
beyond just talking about the special emergencies for electronic participation. I think it behooves us to
have accurate information.
Mayor Burk: Mr. Crim?
Martin Crim: Yes ma'am.
Vice Mayor Martinez: Madam Mayor, point of order.
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Mayor Burk: Yes sir.
Vice Mayor Martinez: What I'd like to do is take this off consent agenda and then we can discuss it
after we vote on the consent agenda.
Mayor Burk: All right. If you technically want to do that. Do I have a motion to approve 12A and 12B?
Council Member Neil Steinberg: So moved.
Mayor Burk: So moved by Mr. Steinberg.
Council Member Fox: Second.
Mayor Burk: Seconded by Ms. Fox. All in favor?
Members: Aye.
Mayor Burk: Opposed?
Council Member Dunn: Nay.
Mayor Burk: That's 6-1 for the consent agenda. C now, we go back to C. Mr. Crim, would you please
clarify?
Vice Mayor Martinez: Well, I'd like to move C and then get a second so we can discuss.
Mayor Burk: All right. Mr. Martinez, Vice Mayor Martinez has moved C, is there a second?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg. All right let's discuss it at this point before we vote on it. Mr.
Crim, could you opine upon what this issue is?
Martin Crim: Broadly speaking you are required to have a quorum present in order to conduct any
business. The Virginia Freedom of Information Act allows you to have people participating remotely as
long as you have the quorum present physically for all purposes. There is a specific provision in the
Virginia Freedom of Information Act that allows you to have a fully electronic meeting, which is limited
to three circumstances. All three circumstances have to occur for this to be legal. One, the first event
that has to happen is the Governor declares an emergency.
The second is the emergency makes it impractical or unsafe for you to gather as a body. The third is
that you are limited in your discussion to addressing the emergency. We have the first one. The
Governor’s declared an emergency. The second one, we are able physically to assemble here
consistent with the guidance from the Governor and the CDC with regard to social distancing and
individuals who are not with us may be not with us because they are either themselves experiencing
COVID symptoms or have people in their households that are at high risk.
If the circumstances change, if there is ‘a don't leave your house' order, if it becomes impossible to
assemble a quorum because too many folks here are at high risk or otherwise, then the situation does
change and you do trigger that situation where you can have the fully electronic meeting. When you
have the fully electronic meaning, again, you're just discussing addressing the emergency. You're not
discussing any matters that are not addressing the emergency. One of the things that you can do when
you're addressing the emergency is to adopt a Continuity of Government ordinance.
That is what was discussed in the Attorney General's opinion from late last week, late Friday. A
continuity of government is still not reaching all the business items that you would have on an ordinary
agenda. It is solely reaching the items that are, as he put it in, and I'm paraphrasing, he put it in the
Attorney General's opinion, that it is the essential matters that there would be irreparable harm if you
did not address them immediately. Those are the limitations that we're operating under.
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We don't see any likelihood the general assembly is going to meet and address the apparent gap and
the need for a fully electronic meeting for all business activities under the current crisis. We are basically
trying to work our way around it. Late today- there seem to be a data by day thing where we're learning
more stuff.
Late today, we received guidance from a committee of the Local Government Attorneys of Virginia that's
been working on this, as well as I've printed out and not had an opportunity to read Fairfax County's
ordinance on continuity of government. This is an evolving situation. We're trying to protect the Town
against any accusation in any of its activities, any of its actions rather, has been illegal.
Mayor Burk: Thank you. I talked with the Chair of the Board of Supervisors today, and she said this
same thing. They are having a special meeting remotely, but it is exclusively to talk about the bus drivers
and the virus and how it's impacting the bus drivers. She was very clear about that also. Anyone else?
Council Member Fox: Madam Mayor, what you were just saying, I saw a Loudoun alert today that
says the Board of Supervisors will hold an emergency business meeting tomorrow. One of the agenda
items is the pass of an emergency ordinance to identify how the Board will meet remotely. So you're
saying all that- they're not going to be able to meet remotely at the end.
Martin Crim: I couldn't hear everything you said, I'm sorry Council Member-
Council Member Fox: The Loudoun alert put a message out to everybody saying there's going to be
an emergency business meeting tomorrow at 3:25, and one of the three items spoken about or to be
discussed would be the passage of an emergency ordinance to identify how the Board of Supervisors
will meet remotely. You're saying there's limits to what they are going-
Martin Crim: They can do that but there are legal limits to what they can discuss during the remote
meetings.
Council Member Fox: Okay. That waved a big red flag to me today when I read that too. I thought
maybe we could-- Okay. Thank you. Real quick, how would you call an electronic meeting?
Martin Crim: How would you call an electronic meeting? You give notice. It's a special meeting,
typically, and you give notice the way you do with any other special meeting. Then you have a location
where- or some means by which the public can listen in, so that could be a microphone in this room so
that people could come or watch it on the cable channel.
The participants participate. I've been in two of these so far and they run about as well as you might
expect trying to have a meeting without being all in one space. But you do have to do roll call votes very
carefully. You have to call on people rather than have people pick up on their visual cues of who wants
to speak next. So it's a little bit awkward, but it works.
Council Member Fox: Okay. Thanks.
Mayor Burk: Anyone else?
Council Member Campbell: Yes.
Mayor Burk: Mr. Campbell.
Council Member Campbell: Thank you, Mr. Crim. Again, my point is that we need to plan for the
possibility, knowing that it is possible under what conditions to be able to understand that we can, and
even if it’s a concern about the staff, that's a legitimate concern expressed in the emergency. VML
issued an opinion today.
I think while there's a lot of information out there and a lot of different directions, it behooves us, I think,
like the Board of Supervisors, to have a meeting to understand what those terms and conditions are
and the likelihood of triggering this might be remote, but we can't say we can't do it. There are conditions
that will allow us. I think that's the wrong time to debate. We have the chance now to explore and
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understand. Mr. Crim, again, you talked about continuity of government. What are those future agenda
items the next couple of months that may or may not be impacted?
Do we need to move them up on our schedule of agenda to discuss in May, knowing that things may
get worse? We don't want to be discussing electronically agenda items that we have the opportunity to
discuss now in public. I think planning is a good thing. That's my point. I think maybe Mr. Dunn's point
about at least adding the possibility of electronic meeting to our future Council meetings as well as I'm
looking at the other agenda items, not just a work session item that we might want to move up for May
and June. I hope we can.
Mayor Burk: Okay, but-- Sorry. Go ahead, Mr. Campbell.
Council Member Campbell: I hope we can either consider that now or I'll add it later as our future
agenda item.
Mayor Burk: I think it has to go on a future agenda item because I don't see that as being part of the
motion that we have in front of us now. When we come to that, you can bring that up at that point, if
that's acceptable to you.
Council Member Campbell: Do we amend the motion or make another motion now that we consider
electronic full participation by electronic means.
Martin Crim: Madam Mayor, if I might address that, I don't think any motion's required, you already
have the ability to do that when the criteria in the statute are met, which is again, the Governor declares
an emergency, the emergency makes it unsafe or impractical for you to physically assemble, and you
only address the emergency.
Council Member Campbell: Thank you, sir.
Mayor Burk: All right. We have a motion on the table to amend the calendar year 2020, Town Council
meeting schedule. Mr. Martinez has made the motion. Did you want to say anything Mr. Martinez?
Vice Mayor Martinez: I'd just like to move the question.
Mayor Burk: All right. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? All right. That's 7-0. All right, that takes us to a public hearing. I call to order
this March 24th, 2020 public hearing at the Leesburg Town Council. Unless there's an objection, I will
dispense with the reading of the advertisement. If you wish to speak, we ask that you sign up on the
sheet in the hallway. If you did not get a chance to sign up, we will give you the opportunity to speak.
Also, please identify yourself and give your address for the tape 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 yielding the floor when the bell indicates your
time has expired. Under the rules of order adopted by the Council, the five-minute time limit applies to
all. However, rather than have numerous citizens present remarks on behalf of the group, the Council
will allow a spokesperson for the group a few extra minutes.
In that instance, we would ask speakers when they sign up to indicate their status as a spokesperson,
the group they represent and their request for additional time. Our procedure for the public hearing is
as follows, first, there will be a brief presentation by staff. Second, members of the public that have
signed up to speak will be called and given five minutes to make their comments. The public hearing
item on the agenda tonight is for Fiscal Year 2021 budget and Fiscal Year 2020 to 2025 Capital
Improvement Programs. At this point, Cole, you're going to give us a presentation?
Cole Fazenbaker: Yes. Madam Mayor, Council Members, members of the public, my name is Cole
Fazenbaker with the Department of Finance Administrative Services. Tonight I'm presenting the 2020
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tax rate and fees public hearing. As an overview, the Town Manager proposed maintaining real estate
tax rate of 18.4¢ per $100 assessed value.
After the budget was proposed, we received information notifications that our retirements contributions
that are mandated from the state, are going to increase by about $212,000, but we also received good
news that our healthcare insurance renewals will realize about $75,000 in savings, and that's a net
increase of about $137,000, or equivalent to 18.56¢ on the tax rate.
According to best practices, we have advertised 1¢ more than the proposed budget at 19.4¢. That will
generate an additional $836,000 and that just allows Town Council to have more flexibility. Your Town
tax dollar at work, 79¢ of every dollar that the town collects in taxes go to basically very public facing
services such as Police, Parks and Rec, Balch Library, Capital Projects and Public Works.
Next slide is the average residential tax bill change from 2019 to 2020. We've included both scenarios
of 18.4¢ and 18.56¢ tax rate. The average tax bill at 18.4 would be $763, and that's an annual increase
of $37 from last year. At 18.56 tax rate, it would be $770, and that's an annual increase of $44. Just
mainly for the public, a little recap of the budget adoption schedule.
On February 11th, the Town Manager proposed the 2020 budget. We've had three budget work
sessions. On March 10th, we had the public hearing for the budget. Tonight's the public hearing for the
tax rate and scheduling for tonight is the setting of the tax rate and also the adoption of the budget. With
that, I conclude the presentation. Thanks.
Mayor Burk: Thank you. There is nobody that has signed up to speak in regard to setting the tax rate
for the real property and certain personal property for tax year 2020. Is there anybody in the audience
that would like to speak that didn't get an opportunity to sign up? All right. Then I will close the hearing-
- Wait a minute, let me ask, does Council have any questions at this point? Mr. Dunn?
Council Member Dunn: I had a quick question. I don’t know, Kaj I sent it to you. I didn't even get a
chance check my messages to see if you had a chance to answer that. It was about your 112. What is
that amount? Yes, I wanted to ask what the per person, per year amount, how that breaks down.
Jason Cournoyer: Not to go into too many details, but there's three different VRS plans based on when
your hire date was for Virginia. There's a hybrid plan for the most recent, that's a little bit different. It's a
defined contribution to like a 457 and then a pension cost. With all that said, the contribution is defined
by the VRS system overall as a percentage of your payroll.
So it varies by person based on salary. We were given notice in about October-September timeframe,
a preliminary estimate that the VRS contribution for this upcoming Fiscal Year would be 10.5% of your
salary. In January, late January, mid-February, that was refined or revised to 11.4. That difference of
point 0.9% is the $212,000 impact for the General Fund.
Clark Case: And it was 9.5% this year.
Jason Cournoyer: He was saying that last year, the current year is at 9.5%.
Council Member Fox: What was the reasoning?
Jason Cournoyer: Clark will probably go into more detail than I probably would.
Clark Case: Pardon me?
Council Member Fox: The reasoning, why is it up to 11.4?
Clark Case: Well, the actuaries, and the independent commission, and the Virginia Retirement System
that makes that decision looked at the actuarial returns and the investment returns in the stock markets
and the bond markets. The bond markets that are at the end of a 30-year declining interest rate. Now,
interest rates are at zero. So bonds have nowhere to go but down, in terms of their dollar value. The
expectation is that over the next 10 years bonds will not return the amount of money that they've been
returning for the last 30.
8
So they did not expect the investment portfolio to be able to generate the same investment returns in
the next 10 years that they returned in the last 10 years. They required us to reduce the assumed
investment return for the future from, I believe it was from 7% to 6.75%. Doesn't sound like a lot, but
when you apply that for the next 20 years’ worth of funding, is what assets are going to be worth to pay
benefits, across all of the employees, it's a significant amount of money.
Mayor Burk: Mr. Dunn are you done?
Council Member Dunn: No. What I was kind of looking for and I don't know if it breaks down this way,
but do you have an average dollar amount per person per year that we paid towards this of all the
people that we're paying for?
Jason Cournoyer: Because we know what the contribution percentage is, we actually don't budget a
certain amount for each employee. It truly does vary by the salary. What we do for vacant positions
however, is we budget close to what the market rate would be for the next incumbent. So, it does not
[crosstalk]
Council Member Dunn: That's okay, we're heading down the wrong path. All I was asking for is you
have a number that you know of people who we are paying for and you have an amount that you know
what we are paying.
Jason Cournoyer: Yes.
Council Member Dunn: In my Arkansas math, if I want to get an average, I divide one number by the
other and I will get a number that tells me a per person average. I know it's not accurate. I'm just trying
to get a rough idea. Do you know what that would be? If you need a minute to figure it out, that'd be
great.
Jason Cournoyer: Yes. We can multiply [crosstalk]. Probably by the budget item tonight, I think we
can-- Just a few minutes. We'll look at it.
Council Member Dunn: I know you can't take averages of averages and all that and people do
percentages. I'm just trying to figure out what is the breakdown on a per person basis of what we're
paying towards that. Thank you.
Mayor Burk: Okay. I have a question that's not-- I just said that the public hearing item was Fiscal Year
‘20, ‘21 budget and Fiscal Year 2020-2025 Capital Improvement Programs, but the public hearing listed
on the agenda is to set the tax rate. I just announced that it was the budget and this says it's the tax
rate.
Council Member Dunn: I thought you said both.
Mayor Burk: I didn't. It's the Fiscal Year--
Eileen Boeing: I made a mistake. I listed it incorrectly on the script. It’s Setting the Tax Rate on Real
Property and Certain Personal Property for the Tax Year 2020.
Mayor Burk: Okay. Just for clarification, the public hearing is on Setting the Tax Rate on Real Property
and Certain Personal Property for the Tax Year 2020. That's what--
Eileen Boeing: Now that you've restated the title, you may want to just reclarify if there's any speakers
who want to speak to that topic.
Mayor Burk: Okay. Is there anybody in the audience that would like to speak to this? There is nobody.
Ok and I haven't closed the hearing yet. I'm waiting for questions in regard to it. I just want to make sure
I clarify that. Mr. Martinez, do you have any questions? We're talking about the tax rate.
Vice Mayor Martinez: I understand that and I have no questions.
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Mayor Burk: All right. Thank you. Mr. Campbell?
Council Member Campbell: Yes, I just have one question for the Town Manager. I believe last night
you stated that you could find the increased funding for the VRS contribution without the tax increase,
is that correct?
Kaj Dentler: Correct.
Council Member Campbell: Thank you.
Mayor Burk: Mr. Thiel? Mr. Steinberg? All right. Then I will close this public hearing at this point. Does
anybody have a motion?
Council Member Steinberg: I'll make a motion.
Mayor Burk: Yes, sir.
Council Member Steinberg: Let me just get to the right place. Resolution to set the real taxable
property rate for tax year 2020 amending Appendix B fee schedule section 20-2.
Mayor Burk: Is that--
Eileen Boeing: I think it's ordinance.
Council Member Steinberg: Okay. Ordinance. Thank you.
Mayor Burk: All right. Is there a second?
Vice Mayor Martinez: Second.
Mayor Burk: Seconded by Vice Mayor Martinez. Any additional discussion at this point.
Council Member Fox: I didn't hear the amount.
Mayor Burk: We didn't state the amount. What is the amount of the tax rate?
Council Member Steinberg: We don't have to.
Mayor Burk: Don't we have to state it somewhere? [laughs] Sorry, this is confusing. [laughs] What is
the tax rate that you are proposing?
Council Member Steinberg: Tax rate I'm proposing then would be 18.56.
Mayor Burk: Mr. Martinez, are you okay with 18.56?
Vice Mayor Martinez: Yes, ma'am.
Mayor Burk: Okay. I'm looking at the sky like he's up there? Your motion is 18.56. Any discussion at
this point? Mr. Dunn?
Council Member Dunn: I can't support an increasing tax rate, the fact that taxes are going to go up at
the current tax rate. By the way, a quick question with that. You can take up my time for this question,
it's fine with me. The equalized rate would have been what?
Mayor Burk: Anybody know what the equalized rate was?
Cole Fazenbaker: 17.5¢.
Mayor Burk: 17.5.
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Council Member Dunn: For people to be spending the same thing they're spending today, 17.5 is, I
think a better route to go especially with-- even without the hard times have been thrust upon us within
the last two or three weeks, I think that the amount that we are collecting and the amount that we are
spending, and hearing our discussions prior to the last couple weeks in those last meeting, it seems
like there's very little boundaries that many members or Council are willing to hold themselves to in
seeking other areas for spending and increasing the role of government.
Just 10 years ago, we were about a $98 million operation, and now we're at 143 or whatever, 40
something million. At an 18.4 rate, taxes are going to go up for citizens. We're not giving them any relief,
other than, especially in the current times, the only thing we're doing is not having people pay parking
in downtown. Come on. That's almost comical.
As I've said before, when you are practicing excessive spending, there's never enough money. I think
that we are excessive and the proof in that is, currently, we have spending that is designed to have us
more independent from the County in numerous positions and in numerous services that we could
actually be having the County providing us, yet we are also voting to take away our ability to have
independence from the County and what we're planning to do within the BLA.
Those are two contradictory issues and everyone seems to want to take their votes in as if it's in a
bubble, but it's all together. I think that the years that we keep telling the citizens, it's just a little more,
it's just a little more, well that's added up over the last 10 years to hundreds of dollars that the citizens
are paying in order for us to just grow the level of government.
A few years ago when the Town went through some hard times and real estate market crashed and
many positions had to be cut, we got by just fine with those fewer positions that showed that we could
get by with fewer positions, but even today we get arguments that, just a couple of weeks ago before
the current crisis, everything in the budget was absolutely 100% needed. There was no way of getting
around it, the sky would be falling if we tried to cut or hold off any spending for any of the positions or
services. Yet we find out that it's okay to suspend and let contractors go ahead and not provide certain
services.
We find out that we can have certain staffers that can be put on hold, and if they're so needed, then
why aren't we just go ahead and spending more money to keep them? So it's showing we can get by
and it really comes down to an attitude of who do we represent? Are we here to represent Town staff
and Town government over the citizens? I wasn't elected for that.
I was elected to represent the citizens, and I think they need to be put first and regardless of the times
that we are in, I think that we warrant a lower tax rate, and especially with the times that we're in, it
almost demands a lower tax rate, not an increase. The sad part about this is it's showing that this Town
Council, even with an international pandemic hurting and causing hurt out there, they're still willing to
raise taxes on the citizens of Leesburg. I can't support this tax increase. Thank you.
Mayor Burk: Ms. Fox.
Council Member Fox: Thanks. Historically, whenever there's a recession looming that's never been
the time to increase taxes no matter what. Right now on a dime our economies in a nosedive and I think
we've been hit with some new and heavier priorities. I wish there was a political will to actually decrease
taxes as there is a political will to increase taxes and cover the things we'd like to have, but going
forward this year, I will only support and advocate for additional funding for the essential services and I
just wanted to put that on record. Thank you.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: Just checking to see if I was muted. I have no comments.
Mayor Burk: All right. Mr. Campbell?
Council Member Campbell: Yes. Without pontificating too much, reality of the times that we live in
don't diminish the obligations that we have as a municipality towards the common good. I think it
behooves us, certainly always good times or bad to be effective and efficient. Now use of taxpayer
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dollars are approval of the size of government that we have as well as the obligations that we have that
continue to our current citizens and our growing population. So I don't see how we disrespecting
anything that we would normally do by saying that we have needs.
I thought we did a great job last night of saying that we will not encourage enhancements. This was at
the time I asked an additional question again about the ability for us to pay for the VRS contribution
which the 18.56 covers, 18.41 would not. All things being equal, I’m in favor of maintaining the tax rate
as the Town Manager has suggested, not this higher tax rate. Even though I believe that it is an
obligation and at some point, the financial impact is going to hit this government, is going to hit this
Council.
It's not a political will, it’s not a personnel issue that we're facing here. There's an economic reality that
we are also going to experience as a Town like many other municipalities with a loss of revenue, and
at some point tougher decisions will have to be made. Because we know how to tighten our belts during
tough times, doesn't mean we can get by without it, it means things are tight and the impact upon people
in the systems are stressed and stretched and that's going to happen.
Hopefully, it won't happen for a long period of time, but it will take us a moment to recover. I believe it's
a false argument to start talking about the fact that we can tighten our belts and do without that we didn't
need it. We absolutely need it and I've always said we need more. Now, can we be more economically
efficient in some areas than others? There’s always that possibility, but the reality right now is that the
Town Manager has given us advice, I think we've scrutinized the budget over the last particular month.
We've eliminated the enhancements that are absolutely, I believe, most of them are necessary.
There are certainly some things I would argue against, but at the same time, looking at where we are
and the only reason why I will not support this particular motion at this particular rate is because the
Town Manager has advised us that he can find a different way and the best thing that we can do
responsibly is to hold the tax rates as the Town Manager has advised us. So I will not be in support of
this motion, not because I don't believe in tax increases, because I believe that this may be an
unnecessary one at this particular time. Thank you.
Mayor Burk: Mr. Thiel.
Council Member Thiel: Yes, I also will not be supporting this tax rate. I'm comfortable with the 18.4
that the Town Manager has suggested. As I stated last night, unfortunately, we have fallen on some
hard times. Leesburg's economy was on the up and coming and thriving, but today's circumstances has
certainly changed that and I don't think it's very prudent of us to ask people for more money when they
are struggling and some are not even working. So I will be not voting for this tax rate, but will be voting
for the 18.4. Thank you.
Mayor Burk: All right.
Vice Mayor Martinez: May I make a friendly amendment to Neil's motion?
Mayor Burk: You can try.
Vice Mayor Martinez: Okay. Neil, since we don't have support for the current tax rate, would you be
willing to amend your resolution to go with what the Town Manager is recommending?
Council Member Steinberg: Not yet.
Mayor Burk: He does not see that as a friendly amendment. Did you want to make amendment on
your own or motion on your own?
Vice Mayor Martinez: Sure.
Mayor Burk: Okay. Mr. Martinez makes a motion to set the tax rate at 18.4. Is there a second?
Council Member Campbell: Second.
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Mayor Burk: Seconded by Mr.—see, I'm looking up—Mr. Campbell.
Council Member Steinberg: Point of order. Madam Mayor point of order, I haven't yet had a chance
to comment on my motion.
Mayor Burk: They're making a motion now, you got to see if it goes or not.
Council Member Steinberg: Okay.
Mayor Burk: Okay. They made a motion to make it 18.4, I haven't spoken either. 18.4, anybody want
to make a comment at this point on the 18.4? Mr. Steinberg.
Council Member Steinberg: Yes, I do. In defense of 18.56 and the crisis that we're facing,
notwithstanding, we still have a Town to run and I recognize that even holding at 18.4 our real estate
and certain personal property rates may raise more revenue, but we're absolutely going to see declining
revenues in sales tax, meals tax, hotel occupancy tax, BPOL tax, Ida Lee fees, parking fees, application
fees, and so on. So, even at the 18.4, we're moving backwards, there's no question about it, and that's
why I can't support the 18.4, thanks.
Mayor Burk: All right, we are talking about the 18.4. Does anybody-- Mr. Dunn.
Council Member Dunn: I don't know that I would, again, rather see a lower tax rate, I can't support
18.4 and just to take the position from the previous Council Member, that all those reductions that we're
going to have in tax fees that we're taking, they do not represent a reduction in what the government
can do. The first line that they represent is the reduction in many cases of income of the citizens and
businesses out there, and that's the result of those lower tax fees coming in. It's regrettable that the
Town government may have to cut back, but our citizens are cutting back tenfold to get to that point.
Thank you.
Mayor Burk: Right, anyone else at this point?
Council Member Thiel: Point of clarification.
Mayor Burk: Yes.
Council Member Thiel: Mr. Martinez, does your tax rate at 18.4 include the VRS funds of $137,000 to
be redistributed by the Town Manager?
Vice Mayor Martinez: It's whatever the Town Manager recommended for the tax rate, and if it includes
it, great, if it doesn't, I'll let the Town Manager worry how to distribute it.
Mayor Burk: I think the answer is yes.
Council Member Thiel: Yes, they were shaking their head.
Mayor Burk: All right.
Council Member Thiel: Thank you.
Mayor Burk: Anyone else at this point? Then I'll call the vote. All in favor of the 18.4 tax rate indicate
by saying aye.
Council Member Campbell: Aye.
Mayor Burk: It's a roll call. Okay, it has to be a super majority. I'm sorry. Mr. Campbell, did you want to
say something?
Council Member Campbell: Aye.
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Mayor Burk: I'm sorry. [laughs] Okay, Mr. Campbell says aye. Mr. Dunn?
Council Member Dunn: Nay.
Mayor Burk: Ms. Fox?
Council Member Fox: Nay.
Mayor Burk: Mr. Thiel.
Council Member Thiel: Aye.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Nay.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: Aye.
Mayor Burk: Ms. Burk, is an aye. All right.
Council Member Dunn: Madam Mayor?
Mayor Burk: Yes.
Council Member Dunn: We're back at the original motion I believe, and I'd like to amend that motion
to offer up a tax rate of 17.5, which is the-
Mayor Burk: We just voted on 18.4.
Council Member Dunn: But that was to amend the original motion. It failed, so it goes back to the
original motion of Mr. Steinberg's 18.56. I'm making a motion--
Mayor Burk: It didn't fail. It passed.
Council Member Steinberg: It passed, five, two.
Council Member Dunn: Say again?
Mayor Burk: 18.4 passed.
Council Member Dunn: No, I don't believe so.
Jason Cournoyer: Madam Mayor, it does require [crosstalk].
Mayor Burk: Oh, it's super majority.
Council Member Dunn: You have to have five.
Mayor Burk: Okay. Thank you.
Vice Mayor Martinez: Madam Mayor, a point of order. Mr. Dunn has already spoken on this item
previously on the main motion.
Council Member Dunn: Thank you Mr. Martinez. Appreciate that effort. I'm making a motion to amend
the original motion, which is to-
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Vice Mayor Martinez: You're already had the opportunity to do that, and you didn't. So you used your
time.
Council Member Dunn: Mr. Martinez, when people want to bring up motions, they are able to do that,
then speak to the motions, otherwise, we'd only have one motion for the whole night, and everyone
would speak to that one motion, but that I appreciate your efforts. Again, I'm making a motion to amend
the original motion to change the tax rate to the equalized rate of 17.5.
Mayor Burk: All right, we have a motion by Mr. Dunn to move the tax rate to a 17.5. Is there a second?
Council Member Fox: Second.
Mayor Burk: Second by Ms. Fox. Any additional discussion? All right. All in favor of the-- Oops, I got
to do it again. I got to do roll call. Thank you. Mr. Dunn, are you in favor of the 17.5?
Council Member Dunn: Aye.
Mayor Burk: Ms. Fox?
Council Member Fox: Aye.
Mayor Burk: Mr. Thiel?
Council Member Thiel: Aye.
Mayor Burk: Ms. Burk is a no. Mr. Steinberg?
Council Member Steinberg: Nay.
Mayor Burk: Mr. Campbell.
Council Member Campbell: Nay.
Mayor Burk: Mr. Campbell is a nay. Mr. Martinez?
Vice Mayor Martinez: Nay.
Mayor Burk: All right, so that doesn't pass either.
Council Member Steinberg: Madam Mayor, I'd like to amend my original motion please.
Mayor Burk: Okay. Which original motion that you-
Council Member Steinberg: I'd like to amend the rate 18.4
Mayor Burk: Okay, you want to make a motion that we consider 18.4. Is there a second?
Vice Mayor Martinez: Second.
Eileen Boeing: [inaudible 00:50:55]
Council Member Steinberg: No, we haven't.
Eileen Boeing: [inaudible 00:50:59]
Mayor Burk: Okay, sorry. Yes?
Martin Crim: Madam Mayor, I'm not your parliamentarian, but I believe you did vote on the question of
amending the motion to 18.4 cents and that failed. The motion to amend it to 17.5 cents has failed. So
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we're back to the first motion for 18.56, and there's now a motion on the floor of waiting a second, where
actually I shouldn't be speaking, but I am, to amend it to 18.4 cents, just so we're all clear.
Mayor Burk: Okay, thank you. You are amending your motion, your original motion of 18.56, you’re
amending it to 18.4?
Council Member Steinberg: I believe Vice Mayor Martinez has seconded.
Mayor Burk: Okay. Mr. Martinez second?
Vice Mayor Martinez: Yes, I did.
Mayor Burk: Thank you very much. Okay. 18.4, okay. Any additional discussion? All in favor of the
18.4-
Council Member Steinberg: Roll call.
Mayor Burk: It's a roll call, why can't I remember that? Thank you. Roll call.
Mayor Burk: Mr. Dunn.
Council Member Dunn: Nay.
Mayor Burk: Ms. Fox.
Council Member Fox: Aye.
Mayor Burk: Mr. Campbell.
Council Member Campbell: Aye.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: Aye.
Mayor Burk: Mr. Thiel.
Council Member Thiel: Aye.
Mayor Burk: Mrs. Burk, aye. Who am I missing?
Council Member Steinberg: Me.
Mayor Burk: One, two, three- and Mr. Steinberg.
Council Member Steinberg: Aye.
Mayor Burk: All right. So that passes at 18.4.
Council Member Steinberg: Six, one.
Mayor Burk: Now we have resolution and ordinances, and our first resolution- let me go back to reading
this. I have to read out. Our first ordinance is Fiscal Year 2021 budget and Fiscal Year 2020-2025
Capital Improvement Program. This is adopting the budget for Fiscal Year 2021 making appropriations
for Fiscal Year 2020 for the General Fund, Utility Fund, Capital Projects Funds and Northern Virginia
Transportation Authority fund. Amendments to the budget and supplemental appropriation by Council
resolutions and authorizing and directing the Town Manager to take all steps necessary and prudent to
effectuate the implementation of the ordinance. Do I have a motion?
16
Vice Mayor Martinez: So moved.
Mayor Burk: Vice Mayor Martinez moved and seconded by Council Members Steinberg. Yes sir.
Council Member Dunn: We would like to divide the question between the budget and the Capital
Improvement Program.
Mayor Burk: All right, so there's been a call for division, that's not a vote.
Council Member Dunn: That's correct.
Mayor Burk: Correct. Okay. The first one we will do is adopting the budget for Fiscal Year 2021. Mr.
Steinberg, did you still want to move that? We're divided.
Vice Mayor Martinez: Yes I do.
Mayor Burk: Mr. Martinez does too. Okay. All right, adopting the budget for Fiscal Year 2021, is there
any discussion at this point? Mr. Dunn?
Council Member Dunn: Again, I'm not thrilled about the budget. Again I think that not spending more
is not giving relief, increasing taxes is not giving relief. Reducing what we spend and reducing our tax
rate and our fees, that's what really helps, and this budget is not doing that. We talk about getting
through the increases and we have to keep in mind that not only are we increasing taxes and increasing
our spending, the normal economy causes those increases and the government keeps pace with those
level of increases.
I think that it's a direct reflection between the increases we see in the economy and right now the
decreases, and also a direct reflection of how the government should be increasing or decreasing, and
this budget is not doing any decreasing, in fact, we're looking at spending more. I would recommend
those positions that the Town Manager feels he can put on hold, would be better suited to be removed
and consider being brought back in next year's budget.
Then you would see actual some additional savings because we are going to be looking for most likely
areas to save money for next year, and I would hope too that any savings that the government seeks,
the Town Manager seeks, is savings that's internal and not directly related to those services that impact
the citizens.
The citizens should-- often is the case that when the government has to make cuts, they make cuts to
where the citizens feel at the most so that you have citizens coming in crying for more services when
there's plenty of opportunities to cut within the government that the citizens never see. So I will be
abstaining from voting on this budget. Thank you.
Mayor Burk: Anyone else at this point? All right. Then I will call the question, this is to adopt the budget
for Fiscal Year 2021, all in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? Abstained. Mr. Dunn abstained, everyone else was an aye. All right. That takes
us to the second part, making appropriations for Fiscal Year 2020 for the General Fund, Utility Funds,
capital project funds, the Northern Virginia Transportation Authority Fund, amendment to the budget
and supplemental appropriations by the Council, the Council resolution and authorizing and directing
the Town Manager to take all steps necessary and prudent to effectuate the implementation of the
ordinance. Do I have a motion?
Vice Mayor Martinez: So moved.
Mayor Burk: So, moved by Mr. Martinez. Seconded?
Council Member Steinberg: Second.
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Mayor Burk: Second by Council Member Steinberg. Any comments on this Mr. --? Yes.
Jason Cournoyer: The way we understood the vote that was just taken is the ordinance that you just
named out, it is the budget ordinance that was just voted on and then there's an additional resolution
for the Capital Improvements Program.
Council Member Thiel: That was the part where--
Jason Cournoyer: There's three total requested actions to get the-- the tax rate you voted on the
budget and the remaining item, Madam Mayor, is the capital improvements program.
Mayor Burk: But he asked to divide the ordinance.
Council Member Dunn: I thought by the title, the ordinance that there were only two items. You're
saying there's three.
Vice Mayor Martinez: If I might. There are two items in the ordinance that we're discussing right now
and in the Capital Improvements Project plan, that's the next thing we're going to do.
Mayor Burk: Well, actually, we need a little more clarification there. Number A, the Fiscal Year 2021
budget and Fiscal Year 2025 capital improvements, that’s one thing. That's one thing.
Jason Cournoyer: Item A--
Mayor Burk: So, it couldn't be divided?
Jason Cournoyer: One ordinance and one resolution. The resolution pertains only to the Capital
Improvements Program and the ordinance is the Budget Adoption Ordinance and it will approve the
budget for all of the operating funds.
Mayor Burk: How you get them all, so that can't be divided that way?
Jason Cournoyer: Exactly, unless you want to divide it by--
Council Member Dunn: I don't think that was-- Can I ask a quick question? Are you saying that the
budget includes all these other funds and then the capital improvements is separate from that?
Jason Cournoyer: Yes, sir. That's right. Yes.
Council Member Dunn: Okay. I think we're good. [chuckles] Okay? Because in essence, you're not
looking for three separate votes. All these other funds were included in the budget.
Jason Cournoyer: Exactly right and then the remaining would only be the Capital Improvements
Program.
Mayor Burk: All right. So we're undividing question. Thank you.
Council Member Dunn: Just a quick comment on the Capital Improvements if I can?
Mayor Burk: Do I have a motion on the capital because your motion was on the divided. Mr. Martinez,
do you want to move the adoption of the Fiscal Year 2025 Capital Improvement Programs in the amount
of 200--?
Vice Mayor Martinez: I would like some clarification on the ordinance. What we're saying is that that
was inappropriate to divide the question so--
Council Member Dunn: No, it's not.
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Vice Mayor Martinez: We thought we divided the question. You might want to take another vote to
make sure that we all are voting for a single ordinance, not a divided one.
Mayor Burk: All right. We can do that Mr. Martinez, if it makes everybody feel better. Let's redo that
vote just so that we clarify and make sure that we've got this right, that we are voting on the ordinance
to adopt the budget for Fiscal Year 2021, with all of the supplemental additions that we have in the
motion.
Council Member Dunn: Other than the CIP.
Mayor Burk: Correct. All in favor indicate by saying aye.
Council Members: Aye.
Mayor Burk: Still abstained so that stayed the same. All right. Thank you. Now we have--
Vice Mayor Martinez: I would like to move the resolution to adopt the capital improvements program.
Mayor Burk: Okay. Is there a second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. Any questions on this one? Mr. Dunn?
Council Member Dunn: Yes. A quick comment if I can. The capital improvements are those items that
most often directly benefit the citizens and if there's any area I think we should be looking for increased
spending it would be in the capital improvements category. Thank you.
Mayor Burk: All right. Anyone else? Okay. At this point indicate by saying aye, those in favor say aye.
Council Members: Aye.
Mayor Burk: Mr. Campbell, opposed? We didn't hear you, Mr. Campbell. I'm sorry. Are you an aye?
Council Member Campbell: Aye.
Mayor Burk: Aye. Okay. So that's unanimous. There's no nays. All right? Next one. Morven Park
Sidewalk Project, Waterline Design. This is approval and authorization of the Town Manager to execute
design Change Order No. 3 in the amount of $67,133.55 for the Morven Park Road Sidewalk
Improvement Project. Do I have a motion to--
Council Member Steinberg: So moved.
Mayor Burk: Moved by Council Member Steinberg. Second?
Council Member Fox: Second.
Mayor Burk: By Council Member Fox. Okay. Do we have a presentation or anything at this point?
Renee LaFollette: No, ma’am. No presentation.
Mayor Burk: Okay. Any questions? All in favor indicate by saying aye.
Council Members: Aye.
Mayor Burk: Did we hear Mr. Campbell?
Council Member Campbell: Aye.
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Mayor Burk: All right. Thank you. Opposed? That's unanimous. Okay. The next one is the motion to--
I'll move to approve Earth Day proclamation to be presented April 14th, 2020 at the Council meeting
maybe. [laughs] We'll aim for that.
Council Member Steinberg: Second.
Mayor Burk: Okay. Seconded by Council Member Steinberg. All in favor indicate by saying aye?
Anybody opposed?
Council Member Dunn: Abstain.
Mayor Burk: Mr. Campbell, are you an aye?
Council Member Campbell: Yes. I don't see why we are having trouble.
Mayor Burk: Okay. Abstain Mr. Dunn. Okay. I make a motion to approve the Arbor Day proclamation
to be presented possibly April 14, 2020 Council meeting. Seconded by Council Member Thiel. Any
discussion? All in favor indicate by saying aye?
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Dunn: Abstain.
Mayor Burk: Okay. Mr. Dunn abstains. Okay. Motion to approve the Census Day proclamation to be
presented maybe April 14, 2020 at the Council meeting, seconded by Council Member Thiel.
Council Member Fox: I have a question.
Mayor Burk: Yes?
Council Member Fox: Is Census Day a real thing?
Mayor Burk: Yes.
Council Member Fox: [laughs] Sorry. I've heard of a census year but never a census day. That's why
I asked. Okay.
Council Member Dunn: I had a question.
Mayor Burk: Yes?
Council Member Dunn: I don't know if it's included here, but I thought yesterday we said we were not
going to be having people invited in during the emergency. Hasn't the emergency already been declared
past that date?
Mayor Burk: I'm not sure that ours has. How far did ours go? I can't remember that.
Council Member Dunn: I thought it went to like May 10th or something. It was the 13th of April and
then they extended it through--
Mayor Burk: Okay. So it goes to May. Yes. So they will not be invited. We will contact them and get it
done. All right. All in favor indicate by saying aye about the Census Day?
Council Members: Aye
Mayor Burk: Opposed? Okay. All right. Now, we have unfinished business. Actually, this is the Noise
Ordinance. We have an amendment, amending Town Code Chapter 24, offenses and miscellaneous
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provisions Article 5, offenses against public peace and order Division 1 generally in Section 24-182,
declaration of policy. Would anybody like to move this?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second?
Council Member Thiel: Second.
Mayor Burk: Council Member Thiel. All right. Anybody want to discuss it, Ms. Fox?
Council Member Fox: I do have a quick question. We did get an email or two about this today. When
we were discussing noise ordinance in the beginning of the month, we thought it was necessary to get
something done because we have the outdoor season coming up here. It seems to me that after the
discussion last night that that would not be the same. That's not the case quite so much right now, so
we don't have that hard start.
I'm just wondering if some of the points that were made by one of the citizens were, in fact, feasible and
that we could take a look and see what Legacy Leesburg comes back with. Is that something we could
do at this point because of the situation we're in now?
Mayor Burk: Well, we most certainly could, if you so desire, if the majority of people so desire. This
has been a discussion that's been ongoing for quite a while. I think the citizens would like to see some
result to it so that they can figure out what's going on, but if Council wishes to postpone this and send
it down to another date, we most certainly-- You most certainly have the right to do that.
Council Member Fox: I'm fairly comfortable what we came up with and that's-- it's not my will to try
and delay it. However, this, it makes a good point that this ordinance would be pretty much woven into
everything else they're considering for the Town of Leesburg. So, it is not an unreasonable request.
Mayor Burk: Anyone else have anything?
Council Member Steinberg: I do.
Mayor Burk: Yes, Mr. Steinberg?
Council Member Steinberg: I appreciate Councilman Fox's comments. However, we have been
discussing this for some time. I read all the emails that we got. I know most of the people who sent
them. I understand their comments and concerns. Ms. Ifert was here this evening. One of those emails
was hers. She seems to have reconciled herself with the idea this is a compromise and didn't seem to
have any real problems with the ordinance. I think now that she understands exactly what it means.
It's a compromise at best. We know it's not going to make everybody happy, but this is one of those
situations where I think the Council needs to move forward. I've seen too many times in respecting the
wishes of the individual residents at some point, the reason we're here is to make a decision knowing
that it's going to make some people less than happy. I would suggest that we move this forward and
vote on it. I do have an amendment to the motion at some point but those would be my comments on
this as it now stands.
Mayor Burk: Anyone else have anything they want to add? Mr. Dunn?
Council Member Dunn Is there a motion on the floor?
Mayor Burk: There's not--
Council Member Steinberg: Not yet.
Mayor Burk: Yes. Council Member Steinberg and it was seconded by Council Member Thiel.
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Council Member Dunn: Okay. Did you want to make motions Neil?
Council Member Steinberg: We have a motion.
Mayor Burk: We do, but are you making--?
Council Member Steinberg: I was waiting for comments and then I was going to amend--
Mayor Burk: Well, you need to do it during your comments.
Council Member Steinberg: Okay. Well, then, I would like to amend the motion. The only change I
would make would be to alter the three infractions in a 12-month period to two with the result of a loss
of the permit.
Mayor Burk: Mr. Steinberg is asking for a motion and it's your motion. If an establishment or
organization receives instead of three violations, you're asking for two violations?
Council Member Steinberg: That's correct.
Mayor Burk: The permit is revoked for six months. Do you accept that as a friendly amendment?
Council Member Steinberg: I accept that as my friendly amendment.
Mayor Burk: Mr. Thiel does not accept it as his friendly amendment. You’ll have to make it as a
separate motion or -?
Council Member Steinberg: Then I make it a separate motion.
Mayor Burk: Okay. You want to make a motion, to establish an organization receives two violations
the permit is revoked for six months. Mr. Steinberg is making that motion. Is there a second?
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox. Would you consider amending it to one motion, one
citation violation as opposed to two?
Council Member Steinberg: Not at this time. Thank you.
Mayor Burk: [laughs] I tried. I really, really, think that the fact that the Chief of Police spoke about this
previously and said that the Police really tried to mitigate the situation. They don't want to give violations.
If they do give a violation, it's a pretty extreme situation. I think, in that case, you get one and you should
be done because as I remember, Chief Price, it was only one, you had one violation last year, one
citation last year. That's why I would prefer that we had the one but I lost. Mr. Dunn?
Council Member Dunn: This is for one year? One violation, a year or two?
Mayor Burk: It says, "The permit is revoked for six months."
Council Member Dunn: No. No. What I'm asking is--
Council Member Steinberg: Two violations, 12 months.
Council Member Dunn: Within a 12-month period?
Council Member Steinberg: Yes. Correct.
Council Member Dunn: Are you done, Neil? Because I'd like to speak at the moment.
Mayor Burk: Mr. Dunn?
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Council Member Dunn: Having gone through this one or two times in the past. Everyone's effort and
what they're trying to achieve is laudable but folks we’re doing-- this isn't a noise ordinance. This is a
non-ordinance. Nothing is going to happen from it. We had staff here and Chief, if I put any words in
your mouth, please speak up. I don't see anything being enforced.
One of the concerns of the citizens, what we saw in emails today. We had a number of citizens who are
looking to have their quality of life maintained. If there isn't strict enforcement, then we're going to have
the same situation where there's one violation, potentially next year, and we're going to have citizens
who were looking for their complaints to cause a change. Their complaint wasn't just for that night, it
was because they're making continuous complaints. We're creating a system by which unless we
specifically dictate to the Police Department that you will go out and enforce this and it's not something
they're thrilled about doing, then you have an empty ordinance here.
I can't support this because not much is going to happen from this. I think we're going to have unhappy
businesses, unhappy residences. If the Police get dragged into it, unhappy officers and in the end, we're
going to end up with just the same thing. I have to vote against this because I just don't think it's going
to take us where we're looking to be.
Mayor Burk: Is there anyone else who has any comment he would like to make in regard to the noise
when it's--
Council Member Campbell: Hello? Yes.
Mayor Burk: Mr. Campbell?
Council Member Campbell: I want to speak to this motion. I also want to speak to the first motion but
let me start here. The letters that we received today, they may talk to a very important point about
process. While we had public hearings, we didn't have public hearings on these exact resolutions. The
point that we're making now about either trying to fine-tune the level of offenses haven't been spoken
to by the public.
Public has spoken, I believe, on their energies around noise, around what they think the harm and
damage it causes. The business owners have been talking about the economic value and benefit. But
no one has spoken specifically to this particular document of a call for public hearing on this document,
to me, is warranted only to the extent that if we say we value the public, then we also value hearing
their voice.
It may be just ironic that given that there is no reason to rush to judgment at this particular point not
even knowing when these businesses will reopen, that we might have bought ourselves some time for
a number of good reasons. I think it's important for us to at least heed to what our community is telling
us.
They're not just telling us about noise. They talk to us about process and the Town Comprehensive
Plan. They talked about the community they want to create and the impact of this particular ordinance.
I heard a few people say they don't want one at all, which we know we can't live with because we're
going to have noise complaints, but how do we best moderate moving forward? So, I won't be voting
for this particular motion because I won't be voting for the motion as a whole.
Mayor Burk: All right. Mr. Martinez?
Vice Mayor Martinez: I have no comments.
Mayor Burk: All right.
Council Member Thiel: I have one question of clarification that is in the staff report. Did we determine
a permit process or a permit application period? I remember it being discussed but I can't find it in the
staff report if it's going to be a 12-year monthly or annually kind of application for the amplified music.
Mayor Burk: It's at the point of--
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Kaj Dentler: [inaudible 01:14:56]
Council Member Thiel: 12-year?
Kaj Dentler: Twelve months.
Mayor Burk: It's at the point at which they get it.
Kaj Dentler: It’s 12-months at the time it is approved.
Council Member Thiel: From when they're approved? Okay. Thank you.
Mayor Burk: Mr. Steinberg and Mr. Thiel, would you consider a friendly amendment to change the--
allow special events to have amplification earlier. The majority supported this between the hours of
seven to two. That means that technically someone could get two permits and play from 7:00 AM in the
morning until 10:00 at night.
I think we wanted to change a special events to allow for racing, the different charity races that we have
in Town. They're generally-- I don't think any of them go beyond 10:00. They start at 7:00, and generally
end about 10:00. So, would you consider allowing that to be 7:00 to 10:00 rather than 7:00 to 2:00 so
that at least the residents have some respite between all that noise?
Council Member Steinberg: Yes.
Council Member Thiel: It was my understanding that we did that for not having a gray area in time
zones. Mr. Crim, if you could remind us or me if-- I remember this discussion came up about two or 10,
why we made it 2:00. I believe it was because we didn't have the gray area between 10:00 and 2:00
with no noise ordinance.
Martin Crim: I wasn't part of that discussion so I can't speak to that level of detail.
Council Member Campbell: Just a point of order.
Mayor Burk: Yes?
Council Member Campbell: This motion is only speaking to changing the number of violations from
three to two?
Council Member Fox: It is.
Council Member Campbell: The first motion as a whole. Madam Mayor, your point of a change would
apply to the first motion, not the second?
Martin Crim: You haven't acted on-- when you say you haven't acted on the motion to change it from
three violations to two and we should-
Mayor Burk: Okay. So that's separate. Okay.
Martin Crim: -take care of that before you make any other amendments. While I have your attention, if
I could, just make sure that we're all looking at the same version that has some amendments that were
made at the March 10th meeting. I want to make sure that we're all looking at the March 10th version.
So, for example, in Section 5F on-- Well, these pages aren't numbered. There's some language struck
or revocation in two places. Just make sure that we're all looking at the same thing.
Mayor Burk: Somebody was trying to speak. I don't know--
Martin Crim: Campbell.
Mayor Burk: Mr. Campbell.
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Council Member Campbell: We have that.
Mayor Burk: What did he--?
Martin Crim: He said, "We have that."
Mayor Burk: Okay. All right. All right. I was trying to vote on all of them together, but if you want to take
them separately, okay. We have a motion that was made by Mr. Steinberg, seconded by Council
Member Fox to change the violations to two in the 12-month period, that then their permit would be
revoked. We don't have any more discussion on that, do we? All in favor indicate by saying aye.
Council Members: Aye.
Mayor Burk: Mr. Martinez, Mr. Campbell.
Council Member Campbell: Nay.
Mayor Burk: Okay. We have Mr. Thiel, Ms. Fox, Mr. Dunn, Mr. Steinberg in favor. Miss Burk in favor.
Opposed is Mr. Campbell. Is that correct, Mr. Campbell?
Council Member Campbell: Yes. Nay.
Mayor Burk: Yes. Nay. Okay. Mr. Martinez?
Vice Mayor Martinez: That was a yes.
Mayor Burk: Okay, Mr. Martinez. That part of it passes. Then, that takes us to allowing special events.
The reason I'm-- I understand what you're saying that there was nothing in between, but I'm just looking
at the residents having to hear music from 7:00 to 10:00 at night and could we give them a respite by
allowing it to stop at 10:00 and then they can't start again until 2:00?
Council Member Fox: Madam Mayor?
Mayor Burk: Yes?
Council Member Fox: Could we limit a permit to one per day?
Mayor Burk: That would solve that problem.
Council Member Fox: It's a motion I need to make or a friendly amendment?
Mayor Burk: You need to make a friendly amendment to it.
Council Member Fox: Okay. I offer that as a friendly amendment.
Mayor Burk: Okay. She's making an amendment to allow that special events to be amplified earlier.
From 7:00 to 2:00 is still in place, but you can only get one permit. You could go from 7:00 to 2:00 or
you could go from 2:00 to 10:00.
Council Member Steinberg: I would have a point of information then.
Mayor Burk: Yes?
Council Member Steinberg: How would this apply to, say, someone who was doing fundraising and
they had more than one event in one location during the course of the day?
Mayor Burk: More than one event in one location?
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Council Member Steinberg: Yes, they have multiple locations. Let's say it's a band fest, whatever,
and they're playing in different locations. Is it one permit for each location? Is it one permit that covers
the entire event? How does that work?
Mayor Burk: Do you know?
Council Member Steinberg: Or is it a special event that doesn't require the permit at all?
Mayor Burk: Well, the special event would be a Town event, but a non-profit event would have to have
a permit. Such as the benefit, did they have to have a different permit for each location that they played
music?
Kaj Dentler: Yes.
Mayor Burk: They did?
Council Member Steinberg: One permit per day becomes a problem for an event like that?
Kaj Dentler: In general, yes, but if they ask for one permit that covers multiple sites, they could have
just one. Well, I mean, we're going to be learning a little bit as we go along, but in general, if it was one
event that had multiple locations, we could do that as long as it's the same group who's responsible for
everything. What I'm hearing Council really wants to accomplish is that you're not having-- I have one
from 7:00 to 2:00, Ms. Fox gets one from 2:00 to 10:00 and we're really working in tandem in the same
location. We're trying to avoid that is what I think you're trying to accomplish.
Council Member Steinberg: Then further, even if it's two separate applicants, it seems to me the
Mayor's intent here is to give the residents respite. If the two events overlap, then it doesn't give us
what we're looking for.
Mayor Burk: Well, I don't know how many times you're going to have two events like that, but I don't
think this is ready. [laughs]
Council Member Steinberg: Which part?
Mayor Burk: We do have a legislative action here. Ms. Fox has made the friendly amendment that we
allow the hours to be 7:00 to 2:00 for one permit and then another permit would have to be 2:00 to
10:00 but that couldn't be the same person.
Council Member Steinberg: Well, except I thought we were trying to create a gap between 10:00 AM
and 2:00 in the afternoon.
Mayor Burk: We are trying to-- We are but this is--
Council Member Steinberg: This doesn't accomplish the intent so I can't--
Martin Crim: Madam Mayor, can I make a suggestion? I think that might be what we're looking for,
which would be to add the words at the end of that subsection seven, "The Town Manager shall not
issue two event permits for the same day for a single location." Is that your intent?
Mayor Burk: That's my intent. Thank you.
Martin Crim: Thank you.
Council Member Steinberg: Fine.
Mayor Burk: All right. Do you accept that as a friendly amendment?
Council Member Steinberg: Yes.
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Mayor Burk: Do you accept that as--? All right. Thank you. All right. Now, we go back to the original.
We have a motion from Council Member Steinberg and from Council Member Thiel to amend the Town
Code with the two changes. Does the two changes make-- See, I'm getting confused. Did that one
pass?
Council Member Steinberg: Yes.
Mayor Burk: Yes. Okay, with the two changes. Anybody have any discussion at this point? Yes, Mr.
Steinberg.
Council Member Steinberg: I just have a comment to make. I appreciate Councilman Campbell's
comments but we have had a public hearing. I believe the process has carried through. The public,
has given us their comments. Any public hearing, we get feedback from the residents and we try to
often build those into any given ordinance or resolution.
So, a continuing process of public hearing, followed by more delay, followed by more input I'm not sure
where that ends. I believe we have followed the process. We have gotten feedback from the residents.
They have been built into the noise ordinance to the best of our ability and I believe we should move
this forward. Thank you.
Mayor Burk: Anyone else at this point?
Council Member Campbell: Yes.
Mayor Burk: Yes, Mr. Campbell? No. You didn't speak to the final one. Go ahead.
Council Member Campbell: I'm in favor of a stronger noise ordinance resolution, which is why I voted
for it and I've spoken to stronger provisions up until this-- I believe that consideration to everyone in the
common good we've probably done just about as good as we can. Certainly not about a delay or taking
more time on a fair consideration, so that there aren't any unintended consequences.
Sure we're only to one point that this will be revisited, that doesn't necessarily solve problems. I don't
think we've tried to create any but we've certainly put additional burden upon our Police force, others to
look at behavior of our businesses, because I don't believe we're talking about public disturbances
caused just by our citizens.
So, if that's the direction that we're sure we want to go, again, I believe that this is enforceable better
than what we've had before but it may not impact the quality of life issues and concerns that have been
addressed by many residents. Knowing that it falls short, believing that something the best we can do.
I don't believe it's the very best that we can do in support of moving forward, but you can believe that
this is not the last time we've dealt with this issue.
Mayor Burk: All right. Anyone else? Okay. Then, I will call the question. All in favor of the amending
the Town Code Noise Ordinance amendment indicate by saying aye.
Council Members: Aye.
Mayor Burk: Council Member Thiel, Council Member Steinberg, gentlemen?
Council Members: Aye.
Mayor Burk: Council Member Campbell?
Council Member Campbell: Aye.
Mayor Burk: Council Member Martinez? Anyone else at this point opposed?
Council Member Fox: Nay.
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Mayor Burk: Okay. That would be Mr. Dunn, Ms. Fox, and Ms. Burk. All right. That passes. This takes
us to Council disclosures and comments. Mr. Thiel, we want to start with you. I think you had something
you wanted to change from last night.
Council Member Thiel: Sure. With the current situation and everything that has been looming, I think
that we probably should not move to Town Managers evaluation to May since there's going to be a
bunch of chaos ensued after this about calendar pile-ups and agendas.
I think that we should leave that to a future discussion. I do think that the sole purpose of this, my intent
was to de-politicize the Town Manager's evaluation process and how he is looked upon by the Town
Council and made sure that he is not put in a political discourse or debate for any reason. It's not fair to
him, it's not fair to Town staff when they're putting that scenario and situation. So, I'd like to make-- Do
I need to make a motion to reevaluate the head nods from last night, Martin?
Martin Crim: Yes, sir.
Council Member Thiel: Is that--?
Martin Crim: Essentially, Madam Mayor, if I may, you had a straw poll last night to put this on the
agenda. As I understand it, you want to take that off, rescind that straw poll effectively, and simply defer
this to a future date.
Council Member Thiel: Yes, later [crosstalk]--
Martin Crim: By contract, the Town Manager-- the contract that you have with the Town Manager, his
evaluation is supposed to be done in October. I'm not sure why because his anniversary date for this
position is at December but anyway. It's typically been held in November as you know.
Mayor Burk: All right. So you're making a motion to move the-
Council Member Thiel: To delay it.
Mayor Burk: -evaluation, discussion of the Town Manager to a future date?
Council Member Thiel: Correct.
Council Member Dunn: Point of order.
Mayor Burk: Who said that? Yes, Mr. Dunn.
Council Member Dunn: Madam Mayor, there's already precedent for requests to move items that were
set for work session and those requests were denied. Frankly, in our rules, we do not have any
mechanism by which we can reverse our head nods for things to move forward at future meetings. If
that had been a formal vote, you could have rescinded it or reconsidered it, but we do not have any
mechanism by which you can reverse those head nods.
Mayor Burk: A head nod doesn't commit us. It's an indication. We can't vote on the Monday meetings
so it's an indication it's not the final vote. He's making a motion to move this-- he's making a formal
motion at this point and there's no reason why he can't be making a formal motion at this point. So--
Council Member Dunn: As I said, Madam Mayor, there's already precedent because I know I've tried
to do it and I was denied by-- Council Member Martinez pointed it out very clearly that that can't be
done. I think it sets a bad precedent that if we get to that point, Josh, that you get to that work session,
which is going to be at this point, probably a regular meeting. You can always decide at that point that
you could ask to table that issue and put it or postpone it to a future date.
Mayor Burk: Mr. Martinez--
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Council Member Dunn: I think it's a bad precedent to start taking off items that we've asked we put for
future work sessions and then deciding afterwards. It's hard enough for us to agree to get four/three
votes and then to start taking that away, I think, is inappropriate.
Mayor Burk: All right. Mr. Martinez?
Vice Mayor Martinez: Yes. You're calling me or did you ask me for my comment?
Mayor Burk: I was asking for your comment.
Vice Mayor Martinez: Okay. First off, this is not a formal-- What we have done with these work sessions
last night was not a formal resolution. It's just four head nods on giving the Town staff direction to move
forward. As everything else, as a courtesy, if Mr. Thiel, Council Member Thiel wants to change his head
nod, then he should have every right to do it and we should accordingly give him the respect for coming
up and wanting to make a change.
I don't understand Council Member Dunn's argument. I think Josh has every right to do what he feels
he needs to do. If he wants to change his head nod to a yes or a no, that's his prerogative and we
should go along with it.
Mayor Burk: Okay. I need a second to the motion.
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. Any other comments at this point?
Council Member Dunn: Yes. I'll have to get-- Mr. Martinez, I'll have to get the email in which this exact
issue came up where I requested that it was my item. I was actually the requester. Mr. Thiel was not
the requester of this and you specifically pointed out that that request did not belong to me, it belonged
to Council.
In fact, you said that last night. This is because the issue is not one that you're in favor of, it's now
appropriate for you to go ahead and take a different position but you need to be a little bit more
consistent with your arguments. In this case, you're not.
Mayor Burk: All right. Council Member Thiel made a motion. It's seconded by Council Member
Steinberg. All in favor indicate by saying aye.
Council Members: Aye.
Mayor Burk: Mr. Martinez, Mr. Thiel, Mr. Steinberg, Ms. Burk. Opposed?
Council Members: Nay.
Mayor Burk: Ms. Fox, Mr. Dunn, Mr. Campbell?
Council Member Campbell: Aye.
Mayor Burk: Okay, Mr. Campbell. That gets taken off until a later date. Anything else?
Council Member Thiel: Yes. I'm not sure where we stand with a formal parliamentarian. I know the
Town Attorney has stepped in as the pro bono kind of esque-parliamentarian. I think it would behoove
us to officially make the Town Attorney a parliamentarian on our rules and Robert's Rules.
Mayor Burk: Do you want that for a discussion item?
Council Member Thiel: Discussion item. Yes, please.
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Mayor Burk: All right. Parliamentarian. Are there for people that are interested in having that
discussion?
Council Member Campbell: Yes.
Mayor Burk: Okay, Ms. Fox, Mr. Campbell, Ms. Burk, and Mr. Thiel.
Vice Mayor Martinez: And Mr. Martinez.
Mayor Burk: And Mr. Martinez and Mr. Steinberg. Okay. Is that it?
Council Member Thiel: I have no disclosures and I would just like to say I hope everyone is doing well
despite the current situation and pray that this comes to a halt soon and all that are sick are getting
well. I'm praying for the Town, Commonwealth, and Country. God bless. Thanks.
Mayor Burk: Thank you. Mr. Campbell?
Council Member Campbell: Yes. I have a disclosure on 4/13. I had a phone conversation with Larry
Beerman on affordable housing apartments for seniors and over-- as to their property on Battlefield and
Sycolin. That is the only disclosure I have. I want to congratulate and celebrate the Loudoun Literacy
Council for 40 years of service, their Executive Director Nikki Daruwala for the great work that they do
for our community.
I know that we have the community and as Council have tough decisions ahead. I believe that it's
important for us, yes, to maintain our transparency, but also not just for ourselves as a Council, but for
our staff and the greater community to maintain their safety as well, to look at as this crisis continues to
grow and our use of-- not become an obstacle to the work that we could do but for how we keep
everyone safe in our community.
I believe many of the Town staff functions are essential to the quality of life that is maintained here in
the community. We also care about them and their families. I believe that while we get frequent updates,
we continue to ask questions of ourselves and continue to avail ourselves all the information that's out
there and not to be repetitive but I do intend to share all the updates and information that we do get.
But as a Council, it may come to that point in that time for us to not just look at how we repeat information
that others put out there but our leadership role in leading this community through this crisis is not
dependent upon what the County does. The Commonwealth of Virginia while we take their advisement
and we work cooperatively at some point.
While the Town Manager has emergency management directions and powers, we are going to have to
take more actions as it comes in the future. I expect that we'll all rise to the occasion and give our best
in the best interest of our community. Everyone please be safe. Thank you.
Mayor Burk: Ms. Fox?
Council Member Fox: I got no disclosures. I do want to comment on the crisis that we've been hit with.
No matter the dithering at the Federal level, I have so much gratitude for what's going on here at the
local level. I'm just seeing people step up in certain ways. I just wanted to point out that one of our
restauranteurs here is suffering hard times just like all the other restauranteurs, but he's providing meals
for his employees and I think that just goes above and beyond.
So let's just remember that and checking in on our neighbors and caring for our neighbors and offering
assistance as needed and staying as positive as possible right now. If we can just go ahead and do
those things and listen and heed the advice of the CDC as we heard from Mr. Goodfriend last night and
support our local businesses as we're able to in our own budgets.
I think if we do that and we're considerate of others I believe we're going to go ahead and pull through
this together. I'm really encouraged by what I've seen. I just want to let everyone know that I wish them
health and safety.
30
Mayor Burk: Thank you. Mr. Steinberg?
Council Member Steinberg: I have neither disclosures nor comments. Thank you.
Mayor Burk: Okay. Vice Mayor Martinez?
Vice Mayor Martinez: Well, as everybody had mentioned, these are trying times. Trying times for the
Town Manager and our staff. I really commend them on all the hard work they're doing. I know that this
has not been a nine to five crisis that you've been having to work at all hours. I really appreciate that. I
know I've been pretty much self-quarantined myself here and it's not fun.
I will say that to add on to Council Member Fox's comments, it's amazing how people, especially in the
neighborhoods, are stepping up to help each other. I think that in a time of crisis, we really show what
kind of community we are. It's a community that I'm really proud to be part of and live with at least on
Bellview Court. I wish you all the best. Stay healthy. Stay socially distanced from everybody else and-
Mayor Burk: Wash your hands. [laughs]
Vice Mayor Martinez: -wash your hands. Wash your hands. [laughs] I do appreciate the work we've
done tonight. I know with using WebEx, it's all a new experience. It's a challenge but we're making it
work. I really do appreciate, whether or not we agree with each other. The fact that we're working
together to continue keeping the Town above water and working with our residents. I think that's really
about it and you all have a nice two weeks.
Mayor Burk: Thank you. Like everyone as said, these are difficult times. There are just so many
examples of some of the great things that people are doing in our neighborhoods and how the Police
are taking care to make sure that everyone's being cared for the way they're supposed to, the
community, the hospital workers, all out-- putting out their best foot forward, trying to make sure that
everybody's safe.
I want to commend them all. There is a movement that the Mayor of Haymarket shared with me that in
his town-- and Hillsboro has picked it up. Every night at 8:00, everyone goes out on their porches or
their decks or outside and they, for a minute, they sing, they play their guitars. I rang a bell, a cowbell.
It's to make sure that everybody realizes that there's people out there that are putting their lives on the
line for us and that we need to acknowledge this, the first responders and the medical workers and all
the people that are putting themselves out there.
It seems like a small thing to do but it was kind of cool when we did it in my neighborhood and everybody
came out and we had a really-- although we kept apart, it was a good event. People might want to think
about doing it because it really did remind everybody about what's happening and how others are--
they're not staying at home. They have things that they have to do to protect us.
Council Member Steinberg: Does that run afoul of the noise ordinance?
Mayor Burk: I'm sorry?
Council Member Steinberg: Does that run afoul of the noise ordinance? [laughs]
Mayor Burk: Yes. No. Well, no it'll-- Just for a minute. Just for a minute. Anyway. So, everybody, please
stay safe know that we on Council are very concerned and we're trying to do everything we can to help
our businesses, to help the residents. If you have any concerns, please don't hesitate to contact us but
we're working as a team to try to make things better for everybody during this very difficult time. Town
Manager, any comments?
Kaj Dentler: Actually, I do. Very briefly in regards to the existing situation of buyers. As we talked last
night, you've met Joe Dame, our Emergency Management Coordinator. One of the things that he didn't
talk about last night is that we do have a planning team made up of several different representatives
with different departments who are doing contingency planning so they're looking ahead, they're
challenging departments to check in what are those department’s plans? How far out are they looking?
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I have given the direction to look out at least six months out. In the Parks and Recreation world, they're
already looking into the summer. Will summer programs happen? Will July 4th happen? Those are
things we don't even know at this point. So they're deciding what are the decision point where they
have to make a decision--yay or nay. So, we are way out there. Bulk collection we learned about last
week that we don't have that service right now and that is occurring in other places as the industry
shrinks.
Mayor Burk: May I ask you a question on that? Would you clarify that we are not being charged. That
the cost of losing those services, they are cutting back on the cost to us.
Kaj Dentler: Correct. With the bulk pickup based on that contract it's about $5,000 a month that they
will be paying back to the town. They won't charge us for it. The main point is to let you know there's a
lot of contingency planning going through that we're working on, trying to anticipate problems that are
disruptive to our operations, etc. Some we will guess correctly are going to occur, some that we will
not anticipate, but being flexible enough to respond is the key.
The last thing along those lines, one thing that we're going to implement, I'll be implementing tomorrow,
is that we'll be closing Town Hall all levels, but the first floor to the public. We have maintained the
building being open. We have most of our staff are on telecommuting schedules that can be. We've
kept our counters open. We do have some challenges with that. Those that have become sick, not
because of the virus, just because of cold or allergies, taking the highest precaution not to have those
employees in the building. That shrinks our numbers down.
We're only getting probably less than a dozen people from the public coming in every day and it's usually
less than that. That may pick up next week or so with certain bills being owed that need to be paid. My
message to you is that we will be closing off-- I'll be closing off Town Hall with the exception of the first
level to the public. When you come in, you'll see the ability to get up here. You won't be able to do that
unless you have an access card to use the elevator, etc.
So, we're working through protocols now. When you go downstairs tonight, if you go out through the
first floor, you'll see a cart out there. That's where developers will put their plans when they come in.
We'll drop them off for them to pick up and they'll drop them up for us to take care of. There's a lot of
different protocols that we're doing to reduce the human contact.
Mayor Burk: Good.
Kaj Dentler: It is not exactly the same as what the County is doing, but it's not that far off. Some
jurisdictions have closed Town Hall completely. To me, that's the last thing we want to do as our last
step. We're getting closer to that. Hopefully, we can avoid that. I just wanted you to be aware and we'll
be putting press release information out on that.
Mayor Burk: All right. Do I have a motion to adjourn?
Council Member Steinberg: One moment. Can I ask a question real quick? Are you saying our access
cards will still access the pads that we have?
Kaj Dentler: Yes. Your access will get you everywhere you normally would but the public will not be
able to access any area other than the first floor.
Council Member Steinberg: Thank you. I move to adjourn.
Council Member Thiel: Second.
Mayor Burk: A move-- Mr. Steinberg, seconded by Mr. Thiel. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? All right. Thank you, everyone and thanks for being patient, gentlemen. I know
it's difficult.