HomeMy Public PortalAbout2020_tcmin0609COUNCIL MEETING June 9, 2020
Council Chambers, 25 West Market Street, 7:00 p.m. Mayor Burk presiding.
Council Members Present: Ron Campbell, Thomas Dunn, Suzanne Fox, Vice Mayor
Marty Martinez, Neil Steinberg, 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 Information Technology Jakub Jedrzejczak,
Leesburg Police Chief Greg Brown, Director of Economic Development Russell Seymour,
Director of Utilities Amy Wyks, Deputy Director of Information Technology John
Callahan, Management and Budget Officer Jason Cournoyer, Planning and Zoning
Analyst Debi Parry (via WebEx) and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Dunn
3. SALUTE TO THE FLAG was led by Council Member Steinberg.
4. ROLL CALL
a. Electronic Participation
Vice Mayor Martinez and Council Member Dunn requested to electronically
participate in the June 9, 2020, Council Meeting due to the health and safety
concerns associated with the Coronavirus. Mayor Burk, Council Member
Campbell, Council Member Fox and Council Member Steinberg were physically
present at the meeting.
MOTION2020-135
On a motion by Council Member Fox, seconded by Council Member Steinberg, the
following was proposed:
To allow Vice Mayor Martinez and Council Member Fox to electronically participate
in the June 9, 2020, Council Meeting.
The motion was approved by the following vote:
Aye: Campbell, Fox, Steinberg, and Mayor Burk
Nay: None
Vote: 4-0-2 (Vice Mayor Martinez, Dunn absent)
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5. MINUTES
a. Regular Session Minutes of May 26 2020
MOTION2020-136
On a motion by Council Member Fox, seconded by Council Member Campbell, the
minutes of the Regular Session Minutes of May 26, 2020, were moved for approval.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: None
Vote: 6-0
6. ADOPTING THE MEETING AGENDA
On a motion by Council Member Steinberg, seconded by Council Member Fox, the meeting
agenda was moved for approval with item 14. a. — W. Market Street Public Hearing removed at staffs
request.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
7. CERTIFICATES OF RECOGNITION
a. None.
8. PROCLAMATIONS
a. Juneteenth.
Mayor Burk proclaimed the Juneteenth proclamation and noted that copies will be
mailed to the NAACP and the Thomas Balch Library Black History Committee.
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
Mayor Burk reported that she participated in a call with the Governor regarding
Northern Virginia moving into Phase 2 of the reopening. She noted that Northern Virginia
will enter Phase 2 on Friday, May 29, 2020.
11. PETITIONERS
The Petitioners section was opened at 7:08 p.m.
There were no Petitioner's wishing to speak.
The Petitioners section was closed at 7:09 p.m.
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12. APPROVAL OF THE CONSENT AGENDA
MOTION2020-137
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following
consent agenda was proposed:
a. Water Pollution Control Facility Aeration System Replacement
RESOLUTION 2020-068
Awarding a Construction Contract for the Replacement of the Aeration
System at the Water Pollution Control Facility in the amount of $2,749,000
to CPP Construction
b. Sanitary Manhole and LW Station Rehabilitation Project
RESOLUTION 2020-069
Awarding the Construction Contract for the Sanitary Manhole and Lift Station
Rehabilitation Project to Visu-Sewer East, LLC in the amount of $479,974.50
c. Coronavirus Emergency Supplemental Funding Program Grant Award
RESOLUTION2020-070
Approving a Supplemental Appropriation in the amount of$38, 812 for the Fiscal
Year 2020 Coronavirus Emergency Supplemental Funding Program Grant Award
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. CARES Act of 2020 Funding
Mr. Keith Markel presented the updated options to Council regarding the
CARES Act funding as a result of the discussion at the Council Work Session. He
noted the following key points:
• The Town is expected to receive $4,797,036 in CARES Act funding
o $3,025,000 proposed to support for small businesses
o $1,000,000 proposed to the community most impacted by
COVID-19
o $772,036 proposed to support Town government operations
related to COVID-19 response
• All money must be spent by December 30, 2020, or returned to the
County
• The spending plan has flexibility so long as the money is spent on
qualifying activities
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• Cannot be used to replace lost revenue
Mr. Markel requested Council adopt the resolution at the current meeting
and appropriate funding in the Fiscal Year 2020 and Fiscal Year 2021 budgets and
endorse a high-level spending plan that will be submitted to Loudoun County for
review in mid -June. He added that the Town can start accepting applications for
Small Business and Non -Profit grants in late June with the desire to distribute funds
in July.
Mr. Markel presented the following options for Council consideration:
Local Non -Profit Support
$1,000,000 in funding
Council decision point: Maximum Grant Award Amount
Option 1— Staff award amount recommendation based on application, with
Council approval
Option 2 — An individual award up to:
• $50,000 (20 grants)
• $100,000 (10 grants)
■ $250,000 (4 grants)
Option 3 — Allow County to manage grant distribution
Small Business Support Grant
$3,025,000
Council decision Point: Business Size Brackets
Option 1
Single bracket
$5,000 grants to businesses between $50,000 and $1,000,000
Option 2
Two brackets
$2,500 grants to businesses between $25,000 to $100,000
$5,000 grants to businesses between $100,001 and $1,000,000
Small Business Support Grant — Percentage of Lost Revenue
Council Decision Point: Required percentage of Lost Revenue
Option 1
25% loss
Option 2
35% loss
Council Member Steinberg asked about the number of non -profits that would
be included and if they needed to be Leesburg -based. Mr. Markel said staff did not
know how many would be eligible but noted that the criteria that was discussed for
eligibility would be that they could be a County or regional non-profit but are able
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to show that they are directly providing support to the Leesburg community. Mr.
Steinberg and Mr. Markel discussed what the potential application would look like.
Mr. Steinberg inquired if staff thought there was any circumstance where one
organization could take the entire $1,000,000. Mr. Markel said that would be
Council's decision to make unless the dollar amounts were approved by Council
with this options presented. Mr. Steinberg asked for an explanation on the
difference between the government spending amount discussed at the Work Session
and the number proposed at the current meeting. Mr. Markel explained that staff
took a closer look at the actual expenditures to date in addition to projected
spending needs to arrive at the new number. Mr. Markel noted that the Town could
not apply CARES Act funds to any item that was already included in the adopted
budget. Mr. Steinberg said he supported the 25% option for the lost revenue
percentage noting that 35% may be too stringent. Mr. Steinberg noted that there's a
new lower dollar threshold for small business grants allowing businesses as small as
$25,000 to receive $2,500 grants. He stated that he is a Leesburg Town Councilman
but also a business owner and that while he may be in a similar business situation,
he did not intend to apply for any of the grants to avoid a conflict of interest. Mr.
Steinberg said he could support Option 2 for the small business grants and for the
lost revenue percentage to be set at 25%.
Vice Mayor Martinez asked why staff set a demarcation point of $50,000 on
the small business grants. Mr. Cournoyer stated that staff felt that anything lower
would probably be a secondary source of income. He added that the $50,000 to
$1,000,000 group would focus on a target group where the $3,000,000 could be
distributed at a higher percentage among fewer businesses. He noted that there
were fewer businesses in the $1,000,000 - $2,000,000 range. Mr. Martinez asked
what contribution a business makes to the Town if they are in the $50,000 -
$100,000 range. Mr. Cournoyer and Mr. Markel stated that those businesses pay a
BPOL Tax of $20 per year and is about $4,900 per year in contribution to the Town
and the group in the $100,001 to roughly $250,000 is about a $100,000 contribution
to the Town. Mr. Martinez asked what the contribution is to the Town for
businesses under $50,000. Mr. Cournoyer said an aggregate amount is about
$17,000. Mr. Cournoyer said that it is $20 times the number of businesses in that
category that makes up the $17,000. Mr. Markel said that staff is proposing
lowering the smaller grant amount to $25,000 gross revenue per year. Mr.
Martinez said he supported Option 2 on the local non-profit support, Option 1 on
the small business grants, and Option 2 on the percentage of lost revenue.
Council Member Dunn confirmed with Mr. Markel that there were two
options for small business grants that include a group for $25,000 - $100,000 and a
second group for $100,001 to $1,000,000. Mr. Markel confirmed that was correct.
Mr. Dunn asked staff if BPOL was being used as the determining factor for
determining grant categories. Mr. Markel said it was being provided as an input for
Council to consider when establishing the categories but that the ultimate decision
was up to Council. Mr Dunn stated that he would prefer the government spending
be closer to $500,000 so that more of the funds could go toward those that need it by
increasing the amounts available to businesses. Mr. Dunn said he's like to see it
closer to $3,500,000. If the Town is unable to use the money it could go back to the
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County to use elsewhere. Mr. Dunn noted that he did not have a problem with the
non-profit amount going to the County to administer as he was not aware of many
Leesburg -based non -profits other than churches. Mr. Dunn said he was in support
of Option 2 for the small business support grants. He added that he is a small
business owner as are others on Council and that it may seem businesses that are
making less than $25,000 is part-time income, but that his small business was just
getting started and had not reached $25,000. He would have liked for it to get there
and that it was going to be a sizable amount of his income. Mr. Dunn said he did
not think any Town staff member or Council Member should be making any grant
requests. He added that he would like to have this start as soon as possible.
Council Member Campbell commented on the need for details in the non-
profit plan. He expressed concerns that some of the most needy have not been
receiving funds in a random system. Mr. Campbell thought it would be good for
the Town to attach an addendum stating which non -profits it supports. Mr.
Campbell asked if faith -based communities are eligible organizations. Mr. Markel
said that if they are licensed as a 501(c)(3) nonprofit they would be. Mr. Crim
advised that in regard to giving money to the faith -based community, the Virginia
Code is very clear that the Town can give to organizations that may have a faith
element in them like Habitat for Humanity, but if they are controlled by a sectarian
institution the Town cannot do that as it is forbidden by State Code. He gave the
example of a charity that is feeding the hungry and just happens to be run by a
particular church, that's one thing, but if Council is talking about giving money to a
church directly it violates the State Code as well as the separation of church and
State and State Constitution. Mr. Campbell asked about money from the Federal
government and if it supersedes State law. Mr. Crim said it does not as Council
only has those powers expressly granted or by necessary implication. Mr. Campbell
noted that with this in mind, they will have to find a way to address this issue. Mr.
Campbell said he agrees with Option 2 on the non-profit option that the grant
awards only go up to $50,000 to allow for a greater distribution of funds to a greater
number of people. Mr. Campbell added that part of the criteria for the grants
should be to ask if they have received any previous COVID funding from any other
source to avoid double-dipping. Mr. Campbell said he supported Option 2 for the
small businesses noting that $500,000 is not enough and that there needs to be a
bigger distribution. Mr. Campbell said he believes the Town should control its own
money. He said he supported the lost revenue percentage at 25%.
Mayor Burk asked about the potential conflict of interest that was brought up
by a couple of Council Members and if there would be a conflict if they applied for
these grants. Mr. Crim said there could potentially be a conflict. He said as a
Council Member or as somebody who would be employed by a business that would
be eligible for a grant, they would need to say what the business relationship is with
that business that is potentially affected by this grant program, the name of the
business and what their role is with it. If a member is able to state that they can
nevertheless make a decision fairly and in the public interest, then they are allowed
to go ahead and vote on it. A member would need to file a disclosure form with the
Town Clerk that is then maintained in the Town records for five years and every
time from now on that this comes up, the member would have to make another
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verbal acknowledgment of that conflict. Mr. Crim said that is the rule and the Town
does not have any authority to change it. He said additionally that Council could
not vote to prohibit any Town Council Member or Town employees from applying
for the grant program. Mayor Burk asked Mr. Crim if the same situation applied if
they were the owner of the business. Mr. Crim said the same situation applies even
if a Member is not an employee but owns more than the 3% interest in a business
that is eligible. It should be disclosed the same way. Mayor Burk asked if the Town
has all the PPEs it needs and has not spent all of the CARES Act money if it could
be switched to another category. Mr. Markel confirmed that was correct. Mayor
Burk noted if the County were to manage the Town's non-profit money then it
would allow the County to give a non-profit a bigger bang for the buck. Mayor
Burk asked if the County were to manage these funds would they be able to assure
the Town it would be used for Leesburg residents. Mr. Markel said that they have
not had this conversation with the County yet.
Council Member Fox asked about the government response and why the
original proposed amount went from $55,000 to $150,000 for facility modifications.
Mr. Markel said it was to address areas like customer glass partitions for open-air
customer service counters and electronic controls in the building to control where
the public goes to allow for greater security and cleaning purposes. He added that
this would include other Town facilities beyond Town Hall like Ida Lee Park. Ms.
Fox said she supports Option 2 on the small business support grants. She agreed
that it is not something the Town should be considering as a return of investment
but more about giving small businesses a shot in the arm so they can survive. Ms.
Fox agreed with Mr. Campbell's comments regarding the need for details on the
non -profits. Ms. Fox said she was in support of (20) $50,000 grants to non -profits
and setting the percentage at 25% for revenue lost.
Mayor Burk took a poll to determine the desire of Council on the decision
points presented by staff:
Support for Local Non -profits —
Option 1— Council Member Campbell
Option 2 — Grant award up to $50,000 - Council Member Campbell, Council Member
Dunn, Council Member Fox, Vice Mayor Martinez, Council Member Steinberg and Mayor
Burk
Small Business Grants —
Option 1— Vice Mayor Martinez and Mayor Burk
Option 2 — Council Member Campbell, Council Member Dunn, Council Member Fox
and Council Member Steinberg
Council Member Campbell requested $500,000 be moved from the $100,001
to $1,000,000 bracket and be moved to the $25,000 to $100,000 group. There was
no consensus to make the change (Council Member Campbell, Council Member Dunn
and Council Member Fox).
Council Member Dunn requested that the pool of funds be combined and be
available for both categories but the grant amounts would remain the same at
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$2,500 and $5,000. There was no consensus to make the change (Council Member
Campbell, Council Member Dunn and Council Member Fox).
Mayor Burk confirmed that Council wished to proceed with Option 2 as is.
It was the consensus of Council to keep Option as is (Council Member Fox, Vice Mayor
Martinez, Council Member Steinberg and Mayor Burk).
Mayor Burk confirmed that Council wished to proceed with 25% as the
percentage of revenue lost.
Small Business Support Grant — Percentage of Lost Revenue
Option 1- 25% (Council Member Campbell, Council Member Dunn, Council
Member Fox, Vice Mayor Martinez, Council Member Steinberg and Mayor Burk)
MOTION2020-138
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was
proposed:
To incorporate the following decision points into the CARES Act funding:
Support to Local Non profits — Option 2 — An individual award up to $50,000 (20
grants); Support to Small Business Grants — Option 2 — Two brackets: $2,500 grants
to businesses between $25,000 to $100,000 and $5,000 grants to businesses between
$100,001 and $1, 000, 000; and a required percentage of lost revenue at 25%
Council Member Fox asked how the requests from the non -profits were to be
assessed. Mr. Markel said that staff is proposing applicants show a benefit to the
community, purchasing local where possible, and showing the direct focus on
Leesburg. Ms. Fox asked if it needed to be in the resolution. Mr. Markel said not
at this point for getting the County funding plan approved. Mr. Dentler suggested
that the Town use a community panel to develop the recommendations and then
bring those back to Council for approval before distribution.
Council Member Dunn clarified with Mr. Dentler that he was referring to
only the funds for the non -profits. Mr. Dentler confirmed that was correct. Mr.
Dunn asked to make a motion to reduce the amount of government spending to
$500,000.
MOTION
On a motion by Council Member Dunn, seconded by Council Member Fox, the
following was proposed:
Capping the Town's government response funding to $500,000
The motion failed by the following vote:
Aye: Dunn, Fox
Nay: Campbell, Vice Mayor Martinez, Steinberg and Mayor Burk
Vote: 2-4
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Council Member Campbell said in the call for funding requests that there be
some priority or criteria established providing Council direction so that the criteria
of awarding established early and is not simply how Council votes on it. Mr.
Campbell said he could support a future discussion before sending out a call and
request for applications.
Mayor Burk said she noted Mr. Campbell's concerns but thinks Council
would want the board that is being put together to come to Council with that after
they've looked at all the different applications so that Council can see what are the
major things are that are being requested.
Council Member Dunn asked for the question to be divided but Mayor Burk
clarified that the current motion was approving the decision points.
The original motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, Mayor Burk
Nay: Nay
Vote: 6-0
Council Member Dunn requested that the approval of the resolution be
divided for a separate vote on the Town government spending.
MOTION 2020-139
On a motion by Council Member Steinberg, seconded by Council Member Campbell,
the following was proposed:
RESOLUTION2020-071
Acceptance and Appropriation of Cares Act of2020 Funding and Submission ofa
Recommended Spending Plan to Loudoun County with the exception of the $772,036
for Town Government Operation
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
MOTION 2020-140
On a motion by Council Member Campbell, seconded by Council Member Steinberg,
the following was proposed:
Approve $772,036 as the amount for the Town Government Operations response to
COVID-19
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Dunn
Vote: 5-1
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b. Motion to Approve the LGBTO Proclamation
MOTION2020-141
On a motion by Mayor Burk, seconded by Council Member Steinberg, the following
was proposed:
I move to approve the LGBTQ Proclamation to be proclaimed at the June 23, 2020,
Town Council Meeting.
The motion was approved by the following vote:
Aye: Campbell, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 4-0-2 (Dunn, Fox abstain)
c. First Friday Expenditures
MOTION2020-142
On a motion by Council Member Campbell, seconded by Vice Mayor Martinez, the
following was proposed:
To authorize the Town Manager to close King Street between Market Street and
Loudoun Street for 10 First Friday events per year at $2, 000 per event, and amend the
Fiscal Year 2021 General Fund budget in the amount of $20,000 to be funded with
CARES Act of 2020grant funding to the extent eligible and reductions to operating
expenditures to be identified by the Town Manager for amounts required after grant
finding has been exhausted after December 30, 2020.
Council Member Fox asked what would happen if the Town was not able to
hold First Fridays but businesses wanted to do outdoor dining or something similar
that was outside of a First Friday event. She was concerned that they were limiting
CARES Act funds using the words First Friday. Mr. Dentler said the money could
be used for other things that come up and are eligible. If the First Friday events
happen, the Town has allocated money out of the CARES Act fund to do so.
Council Member Steinberg confirmed that the intent is for this to become an
ongoing Town expense from this point forward. Mr. Dentler confirmed that was
correct with Council approval and would become part of the budget moving
forward until Council directs staff to remove it. Mr. Steinberg expressed concern
about losing CARES Act funds if they are not able to hold as many First Friday
events to equal the $8,000 earmarked between now and the end of the year.
Vice Mayor Martinez clarified that any unused CARES Act money would
not be lost because if it is not spent on first Friday that the Town can find
somewhere else to use it Mayor Burk confirmed that was correct.
Council Member Campbell confirmed that any unused CARES Act money
has to be returned to the County. Mr. Dentler confirmed that was correct. Mr.
Campbell noted that there could be other First Friday activities that may not require
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closing the street and confirmed with Mr. Dentler that there would be some
flexibility on where the funds were spent. Mr. Dentler confirmed that was correct.
Council Member Dunn confirmed that after the CARES Act Funds are
exhausted at the end of the year, the funds will come out of the General Fund Mr.
Dentler confirmed that was correct.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
d. Town Parliamentarian
MOTION
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the
following was proposed:
To approve amending the Council Rules of Procedure to indicate that the Town
Attorney will serve as the Council Parliamentarian effective at the June 22 & 23, 2020
Council meetings; that the Parliamentarian role will be officially part of the Town
Attorney's job description; and to direct the Interim Town Attorney to prepare the text
of the amended Rules of Procedure.
Council Member Campbell said he was not in support of making this change
but is in favor of a fixture conversation about the role. Mr. Campbell said that the
intent was not to create something that has been seen at times be a point of
contention about who is on Council and who is not. Mr. Campbell noted that if
Council is seeking counsel and advice that it must be respected and supported. Mr.
Campbell said Council needs to discuss if they want to use this role for anything else
besides Robert Rules of Order. Mr. Campbell said he believed more conversation
needs to occur so that there's some context for the Town Attorney job description as
they speak to candidates at the end of the month.
The motion failed by the following vote:
Aye: Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Campbell, Dunn, Fox
Vote: 3-3
14. PUBLIC HEARING
a. None.
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
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17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Dunn said to all the graduating seniors from kindergarten,
elementary, middle school, high school, and college that they almost were the class that
almost wasn't, but they shouldn't take that attitude. He said they very much are and should
be proud and that he does not think that they will be forgotten as the class of 2020. Mr.
Dunn added that while their graduations may be greatly abbreviated, their
accomplishments are not. Mr. Dunn said he has a senior who is graduating and that he is
very proud of his accomplishments along with those of his classmates. He wished all of the
graduating classes of 2020 the very best.
Council Member Dunn left the meeting at 8:34 p.m.
Vice Mayor Martinez said he agreed with Council Member Dunn's congratulations
to all the 2020 students. He recognized it has been a disappointing time with COVID and
not being able to have all the dances and sports and everything that goes along with it. Mr.
Martinez said he hopes the Town will be able to do some type of senior parade between
now and August. Mr. Martinez also offered his condolences to the Thomas family. He
said it is a tragedy that he is saddened by it and is hoping that through prayer everyone can
help them get through this. Mr. Martinez said that he was very proud of the Town of
Leesburg and its residents on just the types of protests it held and the fact that they are
finally seeing some movement in our Police Department on the movement of Black Lives
Matter. Mr. Martinez said he was proud after talking with Chief Brown that a lot of the
eight policies that can't wait have already been implemented in Leesburg and the Chief is
working to continue to provide the best community service to the Town. Mr. Martinez
thanked all of the people who walked in protest.
Council Member Campbell thanked the Town Police for their support of the May
31st, "I Can't Breathe," silent walk. He noted their spirit of compassion during a very
difficult time that kept everything under control and orderly. Mr. Campbell agreed that the
Town does need to look at some of its policies and procedures even if they haven't had
problems. Mr. Campbell added that the Loudoun County NAACP will have continued
organized events throughout Sundays for the rest of June noting that a lot of this is about
standards and procedures and Police follow-up. Mr. Campbell congratulated all of the
graduates on all levels and gave a very special shout out to his 18-year-old grandson.
Christian Alexander Campbell -Fletcher who graduated and is going into the Air Force.
Mr. Campbell said he knew Mr. Fitz Thomas and knows his family very well. He said that
the family intends to bury him at the Belmont Burial grounds and it will be a significant
moment. He thanked the community for their outpouring of love for Pastor Michelle and
her family.
Council Member Fox echoed Mr. Dunn's comments regarding the graduating
senior class and echoed Mr. Campbell's sentiments on Leesburg's Police Department. Ms.
Fox stated that she fully supports the Leesburg Police Department and noted Chief Brown's
leadership as exemplary. Ms. Fox read a prepared statement regarding the impacts of
people she feels have been ignored and not heard during the crisis. She said many have
asked her to speak on their behalf noting that in the early days of the virus when little was
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known, business owners were willing to absorb the financial hit if it meant the safety of the
community but now with more data available and people's ability to better understand
their own personal risks, asked that policymakers create a policy that is fair and consistent
across the board. Ms. Fox stated that the citizenry should be able to make its own decisions
based on what is now known about the virus. She said the recent protestors appeared to be
well informed of the risks and behaved accordingly as would be expected. Ms. Fox said the
Leesburg business community wants that same opportunity, a fair chance, and the
opportunity to show the community that they are responsible and they're ready to open.
Ms. Fox noted that as policymakers they need to get out of the business of deciding which
activities are essential. She noted that this has been a hard few months for everyone but
that they need to move forward responsibly and encourage the County and State
policymakers to do the same.
Council Member Steinberg echoed the sentiments shared by other Council
Members regarding the graduating seniors. Mr. Steinberg offered his condolences to the
Thomas family. He also commended both the Leesburg Police Department and the Town
staff in the handling of the very well -organized event on May 31st. He added that there was
a second event held that was organized by middle school students that was also orderly in
support of the Black Lives Matter movement. Mr. Steinberg noted that many
conversations still need to be held regarding any number of things that they have to deal
with but hopefully they can continue down a peaceful path and offer more quality to all
citizens.
Council Member Steinberg requested a Proclamation of Respect for Mr. Nelson
"Mutt" Lassiter who had passed away. It was the consensus of Council to add this to a
future agenda (Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk).
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk noted that she participated in the National Society of the Sons
of the American Revolution's celebration of General Anthony Wayne's crossing
commemoration day at the spirit of Loudoun County Revolutionary War
Memorial. Mayor Burk reported that the group of students planning the May 31st
youth summit on environmental issues that Council helped support through waiving
the Ida Lee rental fees were disappointed that the event had to be canceled. They
are hopeful another group of future students will pick up where they left off and
carry it to a conclusion. Mayor Burk said she met with the Fox Morning Show Zip
Trip to talk about how Leesburg is open and ready for business. She thanked Ms.
Beth Erickson from Visit Loudoun and the Town's Economic Development
department for their hard work on the event. Mayor Burk noted that Catoctin
Elementary School had a wonderful display for their fifth grade graduates and urged
people to see it. Mayor Burk wished good luck to all of the graduating seniors and
recognized the challenges they had this school year and not finishing up the way
they had wanted. Mayor Burk concluded by offering her condolences to the
Thomas family on their devastating loss and to the Lassiter family on the passing of
Mr. Lassiter.
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COUNCIL MEETING June 9, 2020
19. TOWN MANAGER COMMENTS
Mr. Dentler offered his condolences to the Thomas Family. Mr. Dentler
also thanked the Police Department, Chief Greg Brown, Mr. Joe Dame and other
members of staff for their support during the protests in Leesburg. Mr. Dentler
concluded by noting that the Governor had announced Phase 2 going into effect on
May 29 and the Town's preparedness to do so. He noted to Council that Town Hall
operations have remained open the entire time and complimented the organization
for doing so. He added that remaining open was not the case in all jurisdictions
adding that some are not planning to reopen for several weeks.
20. CLOSED SESSION
a. None.
21. ADJOURNMENT
On a motion by Council Member Fox, seconded by Council Member Steinberg, the meeting
was adjourned at 8.:52 p.m.
KellyyBur , I ayor
Town of Leesburg
ATTEST:
Clerk of Council
2020 tcmin0609
14 I Page
Page 1| June 9, 2020
June 9, 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: Before I begin the Town Council meeting tonight, I would like to take a moment to
send the Town Council’s condolences and sympathy to the Thomas family who lost her 16-year-old son
Fitz recently. It's heartbreaking that this family will be burying their young son and brother, who from all
accounts was a wonderful, delightful young man, admired and held in high regard by his peers and
family and friends. There is no doubt he will be missed.
Our prayers go to the Thomas family at this horrible time. No parent should ever have to bury their child.
Please take the time to remember the Thomas family in your prayers and thoughts during this time of
grief for them. I will now open this meeting, June 9th. If anyone in the room needs hearing assistance,
please see the Clerk. Council Member Dunn will be giving the invocation and Council Member Steinberg
will lead us in the pledge. Please, Mr. Dunn.
Council Member Thomas Dunn: Thank you. Dear Lord, we thank you for bringing us here today. We
ask for your guidance and your wisdom over our meeting and our proceedings. We especially ask for
your healing touch in our nation during this time. We're reminded that your word says that you are
respecter of no person, and who are we to respect or give more attention to any person over anyone
else, and that we need to follow your most important commandment, which is to love one another, as
we would love ourselves.
We also, knowing your word, Lord, that your servant Job was tried and lost family members and all that
he had. We know that you do not allow us to be tried more than that which we can endure. By going
through these trials, we know that we can get through them and we ask for the peace that passes all
understanding for the Thomas family during this trying time.
We know that they will be able to get through it, Lord, because you would not allow anyone to be tried
more than they can endure. We ask for your healing touch for their family, and that we know that in the
sweet by and by, the circle will be unbroken. We ask these things in your name, amen.
Mayor Burk: Please join us in the pledge.
All right, let the record reflect that all members are present. Wait a minute, before I do that, I need to do
the electronic participation. Do I have a motion to allow Vice Mayor Martinez and Council Member Dunn
to electronically participate in the June 9th, 2020 Council meeting?
Council Member Suzanne Fox: So moved.
Council Member Neil Steinberg: So moved.
Mayor Burk: So moved by Council Member Fox, seconded by Council Member Steinberg. All in favor,
indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? Okay, that's four, zero. Let the record reflect that all Members of Council are
present. Do we have minutes, the regular session minutes of May 26th, 2020? Do I have a motion?
Council Member Fox: So moved.
Mayor Burk: So moved by Council Member Fox. Seconded?
Page 2| June 9, 2020
Council Member Ron Campbell: Second.
Mayor Burk: Council Member Campbell. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? That's six, zero. Did we get Mr. Dunn? Okay. I need a motion to adopt the
meeting agenda with the requests from staff to remove the Public Hearing 14A.
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg.
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox. All in favor.
Council Members: Aye.
Mayor Burk: Opposed? All right. That's six, zero. We have no Certificates of Recognition, but we have
a proclamation for Juneteenth. Do I have that in front of me?
Eileen Boeing: It’s in your binder ma’am.
Mayor Burk: Is it in this folder?
Eileen Boeing: In the binder.
Mayor Burk: In the binder. Oh, okay. Sorry. Proclamation, here it is. Proclamation for Juneteenth.
Whereas President Abraham Lincoln signed the Emancipation Proclamation on January 1st, 1863
declaring the slaves of the Confederate territory free, and paving the way for passing the 13th
Amendment, which formally abolished slavery in the United States of America. Whereas word about
signing of the Emancipation Proclamation was delayed, some two and one-half years to June 19th,
1865, in reaching authorities and African Americans in South and Southwest United States.
Whereas June 19th has a special meaning to African-Americans and is called Juneteenth. Combining
the words of June and 19th, and has been celebrated by African-American community for over 150
years. Whereas the year 2020 marks 401th anniversary of the arrival of the Jamestown settlement of
the first Africans who were enslaved making the beginning of nearly 250 years of slavery in the British
Colonies and the new nation, which would become the United States.
Whereas equal justice initiative located in Montgomery, Alabama has documented more than 4,000
lynchings that took place throughout the South between 1877 and 1950, over 80 of which took place in
Virginia. Whereas it was resolved by the Virginia General Assembly in 2019, that Virginia Dr. Martin
Luther King Memorial Commission make as complete a record as possible with each documented
lynching that occurred in the Commonwealth of Virginia, including the names of the victims and the
locations and the circumstances of each occurrence to be preserved on the Commission's W eb site
and to develop programming, to bring awareness and recognition of this history to the communities
across the State.
That such an awareness might contribute to the process of healing and reconciliation in Virginia, still
wounded communities and for families and descendants affected by these lynchings. Whereas the
Leesburg Town Council hereby recognizes the work of the Loudoun County NAACP, the Friends of the
Thomas Balch Library Black History Committee, to protect and preserve the stories of the historic
African-American communities in Loudoun County and their efforts to promote racial reconciliation,
inclusive educational opportunities, and economic justice.
Page 3| June 9, 2020
Therefore, the Mayor and the Council of the Town of Leesburg in Virginia, hereby declare that Friday,
June 19th, 2020, to be recognized as Juneteenth in the Town of Leesburg, Virginia, and all of the
citizens to become more aware of the significance of this celebration and the African-American history
and the important remembrance of all of the lives lost during the tragic period of slavery, and all the
years until now in our Nation, County and Town proclaimed July 9th, June 2020. Do I have a motion?
Eileen Boeing: We approved this proclamation at the last meeting.
Mayor Burk: Okay, but we’re not presenting it. It's going to go to-
Eileen Boeing: NAACP and the Black History Committee of-
Mayor Burk: - Friends of the Thomas Balch Library. That will go on to them, I assume in the mail. We
have no presentations. Anybody have a regional commission report? All right. The only thing I have is,
again, the Northern Virginia Transportation Regional Commission had a telephone call with the
Governor's office today. I sent you that information on that. Loudoun County will be moving into phase
two on Friday, which is the next step on this whole economic situation and people, the COVID situation.
We are moving to the next step and that's really good information for us at this point. No one else has
anything? All right. The Petitioner section. One of the first orders of business is to hear from the public.
All members of the public are welcome to address Council on any item, matter or issue. Please identify
yourself, and if comfortable doing so, give your address for the taped record.
Any public speaker will be requested to state their name and spell it for the purpose of closed captioning.
In the interest of fairness, we also ask that you observe the five-minute time limit. For those participating
in person and on the WebEx, the green light on the timer will turn yellow at the end of four minutes,
indicating that you have one minute remaining.
At that time, we would appreciate you summing up and yielding the floor when the bell indicates your
time has expired. For those participating on phone, you will hear a bell when your time is up. Under the
rules of orders adopted by this Council, the five-minute time limit applies. Council will now hear from
members of the public. There's nobody that has signed up here in the audience, so we will hear from
anybody in the public remotely.
Debi Parry: Madam Mayor, we have no public members on the WebEx this evening.
Mayor Burk: All right. Is there anybody in the public that would like to speak that didn't have a chance?
In that case, I will close the Petitioner section and we will move on. All right. Next, we have the approval
of the Consent Agenda. I will read each item and I'll ask for a motion afterwards and ask if anybody
wants- I'm sorry my voice is going, so please bear with me here. I'll ask if anybody wants anything
removed after I read them.
Number 12A is the Water Pollution Control Facility Aeration System Replacement, awarding the
construction contract for the replacement of the aeration system at the Water Pollution Control Facility
in the amount of $2,749,000 to CPP Construction. B, is Sanitary Manhole and Lift Station Rehabilitation
Project awarding the construction contract for the sanitary manhole and lift station rehabilitation project
to Visu-Sewer East, LLC in the amount of $479,974.50.
Number C, is the Coronavirus Emergency Supplemental Fund Program Grant Award. Approving a
supplemental appropriation in the amount of $38,812 the Fiscal Year 2020, Coronavirus Supplemental
Funding Program Gift Grant Award. Do I have anyone that wants to take anything off? All right, do I
have a motion to accept these?
Council Member Steinberg: So moved.
Vice Mayor Martinez: So moved.
Page 4| June 9, 2020
Mayor Burk: So moved by Vice Mayor Martinez, seconded by Council Member Steinberg. All in favor,
indicate by saying aye.
Council Members: Aye.
Mayor Burk: Mr. Dunn?
Council Member Dunn: I'm driving my car, so I have to take the phone off of mute. If you'll just take
my non-ayes as ayes tonight and if I don't have an aye, I'll take myself off of mute. Is that okay?
Mayor Burk: That's fine. Thank you.
Council Member Dunn: Thank you.
Mayor Burk: It's six, zero. All right. Our first resolution is the CARE Act of 2020 funding. We have some
additional papers on that. I assume everybody sees them and has them. Do we have a presentation?
Keith Markel: [inaudible 00:13:53] based on feedback [inaudible 00:14:00] discussion. You have in
your folders [inaudible 00:14:08] right after the discussion last evening and frame those into three
decision points based on the feedback that we received. As well as an updated recommended spending
plan is a multi-page stapled document here and you'll see has an additional column from what you saw
in your official packet that came out last week that provides some more background information. We'll
walk through that here briefly when we get to that point of the presentation.
Just as a quick overview, for everyone here is- for those who might be watching tonight and didn't hear
the discussion last evening. The CARES Act is money that's being passed down from the Federal
government, through the State, through the County and onto the Town. The Town's portion of this Act
would be $4.7 million. Basics of this are that all the money must be spent on COVID-related activities
by the end of this year, December 30th, 2020, and any remaining fund balance must be returned to
Loudoun County.
One of the questions that you all asked last evening was, does all the money that would be gifted as a
grant to a nonprofit need to be spent by that nonprofit by the end of the year. We reached out to Loudoun
County and they replied back today that yes, in order to verify that it was being used for these COVID-
19 purposes, we would need to document the nonprofit's head expended those funds that they’d
received as a grant from the Town by the end of this calendar year.
The spending plan does have flexibility. In the spending plan draft that we have for you this evening,
which is a follow up to last night's document, there is flexibility. So, even though we have assigned
numbers specifically to different categories, there is flexibility as we move through the next several
months, if money does need to be moved around, so long as, again, it all is being spent on those
COVID-related activities that do qualify. It cannot be used to replace lost revenue.
Again, we cannot use this as a credit for people’s accounts if they owe money for BPOL or meals tax
or utility bills or anything like that these monies are not available to be used for those purposes. We are
proposing this three-bucket program here that we discussed with you, out of the total amount here that
we have to work with, 84% we are proposing being used in grants, either to small businesses or to the
local nonprofit community supporting those folks here in Leesburg.
The remaining amount, we're proposing to be used for our government operations. Some of them
public-facing, some of them internal supporting our cleaning efforts and other needs there that we had
within our operation. What we've done here is done a few slides just to discuss the decision points.
Hopefully, this will make it easier for us to walk through.
The first question that you all presented last evening was, for local governments- local nonprofits
support rather, that million-dollar bucket that we're proposing, the question was, what is the maximum
grant award amount? Honestly, that's really up to the discretion of the Council. We're proposing three
Page 5| June 9, 2020
options for you. The first would be allowing the applicants to come in, provide their applications and
their request. Staff would review those applications and provide a recommendation to Council.
Based on those applications, we would assign a recommended dollar amount to be supported to those
nonprofits. Ultimately, you as the Council would approve what those fund dollar amount allocations
would be. Alternative to that, you could have option two, which would be setting a certain threshold, so
an individual award up to a certain amount, we're just arbitrarily picking a $50,000 amount, a $100,000
amount, or a $250,000 amount, and you can see there on the slide, that's a 20-grant, a 10-grant, or a
4-grant awards, so you have some flexibility, and obviously, you don't have to do all of one or the other.
You can mix and match if you wanted to have different size grants to different organizations. The third
option would be allowing Loudoun County to manage the distribution of these nonprofit funds. You may
have seen in their notice that when out today, they're doing obviously something similar. All the
communities out here that are receiving these monies are looking for ways to support the business
community, supporting nonprofits and then covering their own internal expenses.
That's another alternative for you, you could provide your funds to Loudoun County, and they could
administer it through their grant program. Something for you to consider there, I will stop and if you want
to discuss at this point this topic, we can do that or wait till the end, whatever you prefer.
Mayor Burk: Keep going.
Keith Markel: Go to the end, all right.
Mayor Burk: Go to the end and then--
Keith Markel: All right. The second question here was the small business support grant, and this is the
largest portion of the total grant award to be distributed. We're proposing $3,025,000 being used in this
capacity. You have two options here. One would be a single bracket, which is what we discussed last
evening of having a $5,000 grant award to a single business, and this would be for businesses that
have a gross taxable income annually of $50,000 to $1 million.
Option two would be having two brackets, one to support the smallest of the in-Town businesses, that
would be businesses-- I shouldn't say smallest, but the smaller of the two, businesses that generate a
taxable income of $25,000 to $100,000. That would be a $2,500 grant, one-time grant. Then a second
pool of applicants, that would be a $5,000, one-time grant, those would be for businesses that earn
$100,001 to a million dollars annually.
Just to give you an idea here, we pulled this chart together that gives you an indication of where the
majority of our businesses fall and those businesses that do provide the largest amount of return in our
BPOL revenue. On the chart, you'll see the blue line, that's the number of business licenses per these
brackets. You can see the smallest, those businesses report zero dollars, right on out to those that
report over $50 million annually to the Town.
The green bar shows the amount of dollars that each one of those groups contributes, and within those
groups, there are variables because restaurants pay a different rate than an office building, those sorts
of things. So there is some variability within those brackets, but it gives you the general sense, if you're
a business that's earning $1 or zero dollars to $100,000, you're paying a flat BPOL bill to the Town of
$20 annually, so not a significant source of money, when you see those first categories, right up to
$100,000.
When you get to $100,000, that's where you start to notice that there are contributions coming into the
Town that do add up. What we proposed to you last evening was that, the first rectangle, that tan color,
which would be those businesses $100,000 to $1 million, and grabbing that group to provide the grant
assistance too. Based on the discussion last evening, we've expanded that to those smaller businesses.
So going down to those businesses that earn $25,000 up to $100,000. That would be in that blue box
there. Any questions on that chart?
Page 6| June 9, 2020
Mayor Burk: Keep going.
Keith Markel: Okay. The third question here for the small business support is what sort of loss do they
need to show in order to qualify for any grant that is offered by the Town? We had proposed, in our
original documents, 35% loss, another option would be a 25% loss. Both numbers are being used
regionally. That's certainly your discretion, we feel we are comfortable with either number. When it
comes to the Town response, you'll see a more detailed breakdown. Again, in the handout here on the
slide, you'll see just the basic buckets here of the personal protective equipment supplies.
We have enhanced cleaning supplies, technology and licensing, staffing and personnel cost, facility
modifications, public outreach, and business support. Within each one of those, we have some more
information as far as cost to date that we've had during this COVID. I know those are questions that
you all had asked last evening. As well as what we anticipate in the coming months as we look at
reopening and our enhanced cleaning protocols and the need for teleworking and the technology there.
I'll be happy to answer any of those specific questions based on the estimated dollar amounts. You will
notice from last night to today, we have modified some of those dollars as we've looked closer at them
and looked at our year to date spending on those. There are some modest adjustments. Now, we'll just
call out specifically the business support. There was a lot of discussion last evening on this topic and
another one for First Friday, about street closings and supporting local businesses. You'll see that final
category within that government response plan is business support.
And within that, we've got $137,000 set aside, $20,000 of which would be for street closures for outdoor
dining. This would be a multi-event throughout the remainder of the summer potentially to add outdoor
dining for restaurants. We have a media marketing in support of consumer confidence, that $30,000.
This would be a full scale ad marketing campaign to support the businesses knowing that our
businesses are struggling. They don't have budgets right now to do a lot of this marketing work. This is
something that the Town could step in and support Town-wide.
Web site redevelopment of $30,000 to make our W eb site more user friendly and provide more content
to our business community supporting their business growth and development. Finally, business
transaction modernization of $50,000. This would be really working with these local businesses who
maybe haven't upgraded their technology or had things like online payments or online ordering. We
could work with them and support them in that capacity to help update some of their technology and
some of the ways that they do business with the public.
Realizing that as we move in to this new phase of how local commerce is going to take place, they may
need some assistance to get to that point. I think that covers some of the things that we discussed last
evening. Other than that, our next steps, as we talked about would be passing that draft resolution to
accept the CARES Act funding to appropriate the funding for 2020, 2021 in our budgets, and then to
endorse a proposed high level spending plan that would be submitted to Loudoun County staff for their
review.
Once they have that, then the funding would come to the Town and we'd be able to parse it out as you
so choose. Tonight, we're hoping for that adoption resolution. If so, then we'd be able to move forward
with the County’s review later this month. In late June, we'd be able to launch a nonprofit grant
application, and in July, we'll be able to distribute these funds out to the community. I've got Russell
Seymour here with us, our Economic Development Director, and Jason Cournoyer, as well to answer
any questions you may have.
Mayor Burk: All right. Mr. Steinberg?
Council Member Steinberg: Okay. Dealing with nonprofits first, do we have any idea as to how many
potential organizations we would have that might be applying?
Keith Markel: We do not honestly.
Page 7| June 9, 2020
Council Member Steinberg: No idea.
Keith Markel: We have not reached out and proposed any. We haven't discussed this publicly. So, we
don't have a strong indication of how many applications we may receive.
Council Member Steinberg: Okay. Must they be Leesburg-based?
Keith Markel: I believe we're saying that they need to be providing support to Leesburg needs. I don't
believe they need to be based in Leesburg. Russell, correct me if I say anything out of line here, but it
could be a County nonprofit, a regional nonprofit, that is if they can show that they are providing direct
support to Leesburg need.
Council Member Steinberg: Okay. Presumably within a given application, they would come in with an
idea of an amount that they would require for a specific type of program that they would like to initiate?
Keith Markel: Right. That's what we envision that we'd be developing, based on your guidance, an
application process that they could apply for online. Within that, that could be one of the criteria then to
ask for a certain specified amount or leave that open, but really, to describe what service they are
providing to the community and how it's benefiting those folks that are directly impacted by COVID-19.
Council Member Steinberg: All right. Are there any circumstances under which we could imagine one
organization might take the entire million dollars?
Keith Markel: That would be your discretion if that's how you wanted to [crosstalk]
Council Member Steinberg: Unless we determine these various amounts?
Keith Markel: Correct.
Council Member Steinberg: Okay. Thanks. Let's see.
Keith Markel: If we can treat it similar to the arts grant process where the different organizations apply,
and then we make recommendations, you all would ultimately decide how that money would be divvied
out.
Council Member Steinberg: Thank you. Let me jump to the government response and then I'll come
back to small business. You already mentioned that some of these numbers have been rearranged. I
see there's a substantial change in the number that we saw last night for technology and licensing. My
question is, is that prudent given how, basically our entire effort to be able to conduct Town business
especially from remote areas, relies on this one aspect of our Town budget.
We know even though we can't replace lost revenue, for certain things that we have budgeted, we know
we have things that have arisen that require serious expenditure. So, are we short changing this very
important aspect, not to minimize any of the other needs, but is that a prudent approach to take?
Keith Markel: We did have a very lengthy discussion this morning on this very topic, and we did talk
with our IT staff. Certainly, we can always spend additional funds but we heard clearly from you all, that
we wanted to certainly make sure that our focus is outward facing with our grants, and not applying any
more funding internally.
Within that, we looked at all of our different categories where we've actually had expenses year to date
based on this, and really tried to really sharpen the pencil and get the accurate numbers on all these
things. We looked at IT and within IT, there are certainly areas where we could add additional funding,
but there are also areas that had already been budgeted for this year. Those are disqualified from
CARES Act funding.
Page 8| June 9, 2020
We have things that are projects that are large in scope that would benefit issues created by COVID-
19, but are certainly going to benefit things outside and the needs were there before COVID. We felt
like we took a more conservative approach and backed off some of those projects. The projects you
see here, like $215,000 really covers those expenses either we've already incurred or we can draw a
very clear connection to expenses related to COVID-19.
Council Member Steinberg: Okay, thank you for that. Then moving to the small business grants. I
mean, my first observation, I think the 35% requirement might be a little stringent. Any business, small
business or otherwise, that suffered a 25% loss in gross revenue, obviously doesn't speak to net, but
still, that's substantial. I would offer that is a business that is suffering. The County, I believe, is using
the 25% figure and I think in this particular case that would be preferable. I realize it gives us a bigger
pool.
I see in these figures now that were we to also lower the minimum gross amount, we have created a
category of $25,000 to $100,000 to receive a $2,500 grant. We have figured out a way to take the same
pool of money and spread it out over a larger group of people. I think the difference between the cap of
a million versus $750,000 in this case is not substantial enough to get into an argument about that.
I think that's probably as good a target as we're going to create. Now I would offer- I'm a Leesburg Town
Councilman and I'm also a Leesburg small businessman, so I'm going to say from the beginning, I have
no intention of applying for any of these grants, even though I may be in a similar position to any of the
other small businesses in Town.
I think that is a fair thing to do so as not to appear to be in conflict with any of the decisions that we
make. This option two that you have listed, I think is a good option. The businesses $25,000 to $100,000
receiving the $2,500, and the $5,000 for the higher amounts. I think I already mentioned the 25%. I
believe that covers all the questions I have. Thank you for your presentation. Thanks.
Mayor Burk: Mr. Martinez.
Vice Mayor Fernando “Marty” Martinez: I am here. Well, my first question is to finance, if they’re
there, is what was the reason for the demarcation point to $50,000?
Keith Markel: The demarcation for the $50,000?
Mayor Burk: $50,000.
Keith Markel: Okay. [unintelligible 00:31:07].
Mayor Burk: One of you come up.
[laughter]
Jason Cournoyer: Jason's stepping up here, but Russell can probably refine the answer if need be.
The $50,000 was by the group. We figured that if gross receipts in the Town of Leesburg are $50,000,
that would probably be a secondary source of income for an individual given that before taxes and
everything else, you won't net a lot. The $50,000 was just a line in the sand to really focus on a target
group where the $3 million could be distributed at a higher percentage among fewer folks.
The million to $2 million range was a fewer amount of businesses. We figured if we had to make a
decision on where to cutoff the eligibility, $50,000 made sense because it's a low end and we think
anybody above $50,000, that may be their sole source of income. Then a million dollars was right at
that cusp of where we thought they would benefit more from a $5,000 grant than necessarily larger than
that. That was the consensus of the group. Russell's part of the group, Keith and others.
Mayor Burk: Thank you.
Page 9| June 9, 2020
Vice Mayor Martinez: The other question I have on that is if there was a perfect world, what would be
the contribution to the Town for $50,000 above and under $50,000?
Keith Markel: What's the contribution that the-
Mayor Burk: What would be the contribution?
Keith Markel: -BPOL contribution for that $50,000 to $100,000?
Jason Cournoyer: [inaudible 00:32:52] $5,000 in BPOL.
Keith Markel: You can see on the chart, we've got the chart up on the screen. That $50,000 to $99,000
would be $4,900, roughly. Again, up to $100,000, you're only paying that $20 minimum charge for your
BPOL license. Once you cross that $100,000 mark, then you start to see and that's where the green
bar start ticking up there, that first group, that $100,000 to roughly $250,000 is about $100,000
contribution. It goes up from there for those groups.
Jason Cournoyer: If I could, just he might not have in front of them. The two largest groups of our
groupings with businesses $100,000 to $250,000, that's a largest single grouping of our businesses.
The second largest that reported or close to second largest, was that $250,000 to $500,000. That
$50,000 to a million does capture the majority of the businesses. Again, the $50,000 minimum was
because we thought that was a threshold for income.
Vice Mayor Martinez: I was wondering about the business under $50,000. What are their contributions
and what's the percentage of value to the Town?
Keith Markel: If you're under $50,000, you can see with- [unintelligible 00:34:14].
Jason Cournoyer: It's about $17,000 as an aggregate. Again, it's a $20 minimum annual business
license up to $100,000. So it's based off $20 of the number of businesses. It's about $17,000 for
businesses grossing $50,000 or less.
Mayor Burk: Are you saying that the individual businesses would pay $17,000?
Jason Cournoyer: No. A single business pays $20 annual license for grossing receipts under $100,000
or less. The number of businesses with $50,000 or less, equals about $17,000 annual revenue.
Mayor Burk: Okay.
Keith Markel: From the perspective of preserving Town revenues coming in from BPOL, supporting
those businesses that contribute more back to the Town, obviously, from an economic sense is where
our contribution initially landed. We thought if we're going to really focus on keeping a business, that
one is probably your primary source of income for your household, as well as providing a return on
revenue back to the Town, that's where we're looking at the small businesses over the $100,000 mark.
Vice Mayor Martinez: I guess what you're saying is that the average revenue from $50,000 and below,
the $17,000 a year, which can't be construed as being a full-time business, but $50,000 above can be
considered a primary business, a primary source of income.
Keith Markel: Correct. That's how we looked at that. I think he was reiterating that if you're under
$50,000, chances are that's not your primary source of income or business.
Vice Mayor Martinez: What I didn't know what that the average income was $17,000 for those
businesses that have revenue [crosstalk]
Keith Markel: Yes. If you add up all of those businesses under $50,000, gross general receipt.
Page 10| June 9, 2020
Vice Mayor Martinez: How many are there?
Keith Markel: How many businesses are there? What would you say, 17?
Jason Cournoyer: Quick math there is roughly about 900.
Keith Markel: 900 businesses we’d say.
Jason Cournoyer: Roughly, I'm doing quick math there. Did I miss one? The [unintelligible 00:36:29].
Vice Mayor Martinez: I guess what I'm asking is, what would be the grant money for these people that
are averaging $17,000 income?
Keith Markel: What we're proposing is option two is lowering down that first threshold for that first group
of grant awards of $2,500 one-time grants to those businesses. It would be 200 grants awarded using
$500,000. Again, those businesses $25,000 to $100,000 in gross annual taxable revenue.
Vice Mayor Martinez: Well, I'm going to tell you that as far as the nonprofits, I'm looking for option two
and especially if one was nonprofit, focus on those isolated people that we talked about last night, and
then I'm going to support option one on the small business grant. As far as the second point, I think
option two would be the best. Thank you.
Mayor Burk: All right. Mr. Dunn, are you at a spot that you can ask questions?
Council Member Dunn: Well, I'm driving and I wasn't able to write anything down, so I might have a
couple of questions that may seem a little redundant, and if I get close to my time, if you could just let
me know when I have about 30 seconds left. Again, I don't know which option is which, but I think,
option two is allowing for smaller businesses to get a smaller grant, and that starting at $25,000 and
going up to a $100,000, and then above $100,000, those businesses would be able to pay $5,000.
Keith Markel: That's correct.
Council Member Dunn: Okay. Option one--So, there is no overlap in that you would not have grants
going out at $50,000 and then grants going out at $25K to $100K. There is no option for an overlap like
that. That's two separate programs or two separate options.
Keith Markel: Right. Option one is $50,000 to $1M.
Council Member Dunn: Okay. So option two, there is no overlap because you threw out the $50,000,
you threw out a $100,000, but those are two separate options. There's no merging of those in any way,
correct?
Keith Markel: That's correct. Option two, there is no $50,000, so it's $25 to $100, and $101 to a million.
Council Member Dunn: Okay. I'm not sure where we are trying to justify helping out businesses based
on the fact that they have needs, yet we're trying to justify that based on how much they're contributing
to the Town. I didn't know that was the basis under which we were considering the CARES Act in helping
out businesses. It sounds like the conversation from what I can tell and what staff may have been
intimating is that, based on BPOL is how we are considering awarding grants to businesses and needs.
Am I hearing that correctly?
Keith Markel: I think we pulled all the numbers out just so you could have a full picture of what the
contributions are from a BPOL standpoint, from the numbers of businesses in each one of these
cohorts, as you go from zero claim dollars of revenue, up to our highest bracket of $50 million in
revenue. I think all of this helps you to understand the total picture. How you all choose to distribute the
funds is entirely up to you.
Page 11| June 9, 2020
Council Member Dunn: Okay. There's a couple of things I will say, again, because I can't know all the
numbers. One is, it sounds you may have reduced the amount of governmental funding on this, to my
guess as it sounds right about $600,000 is the final bottom line number. Does that sound about correct?
Keith Markel: No. The number is closer to the original number, it’s $772,036.
Council Member Dunn: Okay. Well, a couple of things is, I still don't want the money that should be
going out to help people who definitely have needs to be seen like any type of governmental money
grab. I would ask that when we vote on this, if we could to divide the question, I would appreciate that
because I would rather see us cap the governmental spending or money that we're using at somewhere
closer to maybe 10% or a little over 10% or say $500,000.
Then also, it sounds like we're still very much debatable on what will happen with the nonprofit money.
I don't have a problem with that going to the County, unless staff can tell me how many nonprofits are
truly in Leesburg. Do we know how many are located here in Leesburg versus those that have more of
a County presence?
Keith Markel: I don't have that number.
Council Member Dunn: Obviously, there's churches. Okay. Then also, I would rather try to see us
increase the amount of money that we're giving out to businesses to closer to the $3.5 million. Then,
additionally, if we find that we don't have businesses using the money, that money go back to the County
or some other use, but not looking again for options for it to come back to the Town when we haven't
spent the money when there's definitely needs out there. I do want to go with option two.
I would also say this that while it may seem businesses that are making less than $25,000 is part-time
income, I'm a small business owner like Neil is, like Suzanne is. Frankly, my small business, I was just
getting started, I didn't reach $25,000, but I would have liked to have gotten there. It is supposed to be
a sizable amount of my income.
I would also agree with Neil that not only should this not be a casual situation for Town staff or Council
Members, but I think that no Town staff, Town employee or Council Member should be making any
grant requests at all. Also, I would suggest that we get this started right away as soon as possible if we
have to iron out some details later on and do it [unintelligible 00:43:34].
Mayor Burk: Mr. Dunn, I'm sorry your time is up. I didn't warn you of your 30 seconds.
Council Member Dunn: Okay. If I could just wrap up one real quick sentence, is I would suggest getting
it started as soon as we can and if we can-- Oh, well, I forgot.
Mayor Burk: Thank you Mr. Dunn. Mr. Campbell.
Council Member Campbell: Thank you. Just a couple of quick comments, because I think the devil's
in the detail and the detail is not in the numbers, the detail is in the need. One of the things that we've
been observing nationally, even locally, the most needy have not been getting in a random system. If I
were to think about nonprofits for a second, and I look at the County grant program, all the nonprofits,
all of them weren't eligible. Some get permanent funding and some randomly have been selected for
additional funding.
My concern about the Town is what nonprofits-- Either we have to attach our own addendum to say
what nonprofits that we really want to support as a priority. We know that there are hunger issues, and
we know that there's housing issues, and we know there's assistance for seniors. I think we have to
target the nonprofits because then we target need. The Town may not know of where the need is, but
we’re hearing it, I'm hearing it directly from nonprofits. I'm hearing it directly from organizations seeking
funding to help feed people on their own.
Page 12| June 9, 2020
So, grants to the organizations that are actually working, not just serving Leesburg residents, but filling
that need. I really want- and if it's Council's action to look at an addendum to say exactly what we're
going to appeal for when we put a grant out, I don't care if it’s the pots a million dollars, that's great, but
it’s how we do it, and that may not have to be in the document that goes to the County, but I agree we
need to do it. The other question I have, are faith-based communities eligible organizations?
Keith Markel: Yes as long as they’re licensed 501(c)(3) nonprofit, yes.
Council Member Campbell: I think again we definitely need to make a special appeal, because without
our faith-based communities working in Leesburg right now, I can tell you a lot of assistance would not
be provided. We want to give them the ability to do more. I think we just have to direct as a Council
direction, it’s not just how you put out the grant proposal to what group, it's targeting what we're looking
for. Hopefully, that's clear. Okay.
Martin Crim: Madam Mayor, can I jump in there for a second?
Mayor Burk: I'm sorry?
Jason Cournoyer: I guess I’ll take this down.
Council Member Campbell: My clock is still ticking.
Martin Crim: Could I stand on something with regard to the issue of giving money to the faith-based
community? The Virginia Code is very clear that we can give to organizations that may have a faith
element in them like Habitat for Humanity, but if they are controlled by a sectarian institution we cannot
do that. That's forbidden by State Code.
We're going to-- If you had a charity that is feeding the hungry, for example, and just happens to be run
by a particular church, that's one thing, but if you're talking about giving money to a church directly, that
violates the State Code as well as the separation of church and State and State Constitution.
Council Member Campbell: So the money comes from the Federal government. Does the Federal law
supersedes the State law?
Martin Crim: No sir. You only have those powers that are granted to you expressly or by necessary
implication.
Council Member Campbell: Okay. That’s the Dillon Rule. All right, thank you, but I think we need to
make that clarification because we need to find some way to address that. I also agree in option two,
that the grant awards only go up to $50,000 which allows for a greater distribution of funds to a greater
number of people. The small business grant brackets, again, I know this question is about double-
dipping, but I also talked last night about serving and distributing money to the underserved.
Part of that underserved criteria would be in our request is, have you received any previous COVID
funding from any other source? I think they need to identify that. Serving a need, we want to serve those
who haven't been served as a priority. Again, I would hope that we could vote on that as a Council to
say that that is our priority. We want to distribute funds to those who haven't been able to get anything.
That will help our businesses.
I also believe in option two, our small businesses $500,000 is not enough. That there needs to be a
bigger distribution. Again, serving the less well-off is also serving those small businesses that don't
make as much money. So it doesn't make sense to me we will serve 43% of a smaller population and
58% of a larger population just because of how much money they make. I believe that again this could
be a Council action to amend how we distribute the money.
Requesting it as a large pool from the County, I have no problems with, but how we actually work with
the money, I think makes all the difference. Whether the County understands that or not. I also believe
Page 13| June 9, 2020
that we need to control our money. That we should not give any authority to the County to control it,
otherwise we should leave it with the County. We want to control it. We've got to distribute it. We've got
to be accountable for how it's spent. That may be what the Town overhead and oversight responsibilities
are. I'm not even arguing with the distribution of Town funds to do things.
I went into, okay, I'm almost running out of time. I believe in a 25% loss. I’ll just throw this in there that
I went to one restaurant and they had child monitors at the front door and inside. Because that's the
only technology they could afford. We can do better to help them. I believe in the financial status about
revenue versus loss, the visibility and the vitality of these organizations also have to be measured. We
want to give money to businesses that are going to be viable.
Mayor Burk: Thank you, Mr. Campbell. I have a question that two Council Members have brought up
the conflict of interest in regard to if you have a business and apply for this. Would there be a conflict?
Martin Crim: Potentially. So if you are as a Council Member, somebody who would be employed by a
business that would be eligible for a grant under this, the ideal thing to do, what you need to do is to
say that what your business relationship is with that business that is potentially affected by this grant
program, the name of the business and what your role is with it.
If you are able to state, that you can nevertheless make a decision fairly and in the public interest, then
you are allowed to go ahead and vote on that and you need to file a disclosure form with the Town Clerk
that is then maintaining the Town records for five years and every time from now on that this comes up,
you just have to make another verbal acknowledgment of that conflict. That is the rule.
The Town Council doesn't have any authority to change that rule. You could not by a vote of the Town
Council prohibit any Town Council Member from applying for the grant program. Similarly, you can't
prohibit any of your employees from applying for that grant program. If you had somebody who was a
Town employee, they would be just as eligible as anybody else. That's not something the Town has the
ability to prohibit.
Mayor Burk: What about if you own it? You're not an employee of the company but you own the
company? You're still considered an employee?
Martin Crim: Same situation, yes. Even if you're not an employee if you are owner more than the 3%
interest in a business that is eligible for one of these loans, then you should disclose that in the same
way.
Mayor Burk: So it’s really the disclosure part of it.
Martin Crim: Correct.
Mayor Burk: Okay. All right. Oh, I forgot you, didn't I? I'm sorry.
Council Member Fox: It's okay.
Mayor Burk: Let me just finish and then I'll call on you. Did we mess up my time there?
Eileen Boeing: I didn’t realize those were your comments. I can take off a minute if you like.
Mayor Burk: Okay, I've just got a couple, I'm sorry. The second thing I had was, on the Town
government response, if you find out, for instance that we have all the PPEs we need and we haven't
spent all the money but we still have a need for cleaning supplies, can you switch that over to that
category?
Keith Markel: Yes.
Page 14| June 9, 2020
Mayor Burk: So there is some flexibility in regard to that. Okay. If you were to allow the County to
manage the nonprofit grant distribution, that would give the nonprofit a bigger bang for their buck there,
because they would have a bigger pot to pull from. Instead of getting $50,000, they may get $100,000
kind of thing, I would assume, but is there a way that we could get the County to assure us that it would
be a Leesburg?
Keith Markel: We haven't had that discussion yet with them, it's just something we wanted to share
with you this evening but we certainly could talk those details if you want to pursue that further.
Mayor Burk: Okay. Suzanne, I'm sorry.
Council Member Fox: I just want to go ahead and start with Town government response. Under facility
modifications, you first requested $55,000, and now it's $150. What are the changes to your proposed
facility modifications?
Keith Markel: We've listed out here a number of changes here in this building and these are things that
we've been thinking about but never had the funds to budget for. Our second floor counter is an area
that's an open-air counter currently. We'd like to modify that counter so we have glass partitions
between those spaces so that we provide greater protection for the public and for our staff for several
different reasons.
Also, we've been looking at more electronic controls in the building to control access so we don't have
folks in different parts of the building where they don't need to be to allow greater security and control
of the public for cleaning purposes. That would be locking doors, locking the elevators, and having
badge access readers for different parts of the building. Not only here at Town Hall but also with other
facilities including Ida Lee.
Council Member Fox: You would expect that to exceed the $55,000 that you were talking about last
time?
Keith Markel: The more we looked at it certainly we could always, again, spend more but this seem
like a realistic amount that we could spend within the time frame that we have to spend it.
Council Member Fox: Okay. Going back to the small business support grants. I support option two
with the two brackets, the $25,000 to $100,000 for $2,500 grants for those, and $5,000 for the rest. I
agree, this is not something we should be considering a return of investment to the Town on. I think this
is more about giving small businesses a shot in the arm so they can at least survive.
I really feel like we need to focus on that and not, "Hey, who's putting more money into the Town tax
base?" I feel like some of these small businesses that are just getting started can really grow and thrive,
and at some point, we'll put a lot more money into the Town tax base, but they need the chance to
incubate just a little bit, I think. I feel like that is probably a better option.
I feel like the detail and the need that Council Member Campbell brought up for our nonprofits is
probably a good threshold. I think I would support that as well. Tonight are we supposed to go through
the need or do we just go ahead and say, option one, option two, option three. Because out of those
options, I would support option two, the 20 grants at $50,000, the 10 grants at $100,000, and the four
grants at a quarter of a million each.
Keith Markel: So you would be selecting one of those, if you had a specific threshold, you wanted to
set it at. If you had a $50,000 threshold, then you'd be able to offer 20 grants.
Council Member Fox: I would say option two would be my preference. I don't want to hand the reins
over the County. They gave us the money to distribute the way we saw fit and I think we should go
ahead and do that.
Keith Markel: Would you cap it at $50,000 or would you cap it at $100 or $250?
Page 15| June 9, 2020
Council Member Fox: Oh, that’s what you asking. Okay. The $50,000. That's what I would cap it at. I
would be willing to go up, it just depends on who is asking for it. If we have fewer applications than we
expected, then by all means.
Keith Markel: By setting a high threshold, it gives you greater flexibility in your ultimate decision.
Council Member Fox: Yes, exactly. I think those are my questions. To recap, option two for the
nonprofits at the $50,000 level. Option two for the small business support grant and that's that. Oh,
sorry, option one at the 25 decision point 25%, not 35.
Mayor Burk: Everyone has had an opportunity to speak. We need to set a motion in place here. What
I'm going to do is I'm going to go through one, two, and three and ask for the majority to set the- if it's
option two or three or whatever. If the first one is to set a maximum grant award that would be provided
to any single nonprofit, how many people would want option one, which is the staff award
recommendations based on applications with Council approval? Okay, that's nobody. I'm sorry, Mr.
Campbell was one. I'm just trying to get a sense of where people are so someone can put together a
motion. Option two?
Council Member Dunn: Madam Mayor?
Mayor Burk: Yes.
Council Member Dunn: Madam Mayor, only because I can't see it. Does option one have a-- for lack
of better terms. There was something that Suzanne just mentioned about a cap. Does option one have
a cap to it?
Mayor Burk: No. Option one--
Council Member Dunn: I guess it's a dollar amount cap or a percentage.
Mayor Burk: Option one does not.
Council Member Dunn: Option one there's no cap. Okay. All right. Thank you. If you could just give--
I hate to be redundant and take too much time but if you could just give a little bit of an explanation on
that, that would be helpful. Thank you.
Mayor Burk: All right. As I said, option one someone was staff award of the recommendation based on
an application with Council approval. Now we have one that's interested in that. Option two, a grant
award of up to $50,000. Do we have? One, two, three. Anybody else?
Council Member Dunn: I'm okay with that one.
Vice Mayor Martinez: Yes.
Mayor Burk: All right. Five. Okay, six. Well, we'll go with that. Option two for the $50,000.
Keith Markel: That does mean if you do have an applicant that does come in wanting $100,000, one
of our larger nonprofits, they would be capped at that $50,000 level. If you kept a million dollars, you'd
be distributing it over 20 applications.
Mayor Burk: Okay. Then the second one is the small business grant size brackets. Option one is
businesses between $50,000 and a million. Does anybody support that one? I do. Anybody else? That's
just one. Okay, that’s just one.
Vice Mayor Martinez: Yes.
Page 16| June 9, 2020
Mayor Burk: Oh, okay. That's two. Option two is businesses between $25,000 and $100,000 to receive
$2,500 grants.
Also, businesses between $101,000 and a million to receive $5,000 grants. How many are in favor of
that one? Mr. Steinberg, Mr. Campbell.
Council Member Campbell: I have a modification.
Mayor Burk: Hold on for one second. Let me get the count. One, two. Mr. Dunn, Mr. Steinberg. You
got the four there. Eileen, do you need to know the names?
Eileen Boeing: I have Mr. Steinberg, Ms. Fox, Mr. Campbell and Mr. Dunn.
Mayor Burk: All right, Mr. Campbell, what is the modification you want to make?
Council Member Campbell: I had mentioned that the dollar amount, the $500,000 for the first group,
the businesses between $25,000 and $100,000 that I believe that that needs to be a million dollars in
that pool that our smaller businesses need more assistance, and then you could double the grant from
$2,500 to $5,000.
Mayor Burk: All right. So you're taking a million dollars away-
Council Member Campbell: From the larger businesses.
Mayor Burk: -from the larger group and putting it to the smaller group?
Keith Markel: That would be lumping it all together then, right? So you’ve gone from $25,000 to a
million would all be eligible for a $5,000 grant?
Mayor Burk: That's what he said.
Council Member Campbell: No. I'm taking from the businesses between $100,001 to a million, you're
allocating, let's say $2.5 million. I'm dropping that to just $2,025,000. You're going to take $500,000
away from that number and put it in the first group.
Mayor Burk: All right. Are there four people that would like to do that?
Keith Markel: Ms. Burk-
Council Member Dunn: I've got a question.
Mayor Burk: Yes?
Council Member Dunn: What would the total be for the suggested amount Mr. Campbell is giving?
Mayor Burk: It would be a million dollars. Correct, Mr. Campbell? You're asking for a million dollars to
be distributed in the smaller group.
Council Member Dunn: It was only $500,000 before?
Mayor Burk: Correct.
Council Member Dunn: Okay. Thank you.
Mayor Burk: Mr. Campbell is in favor of his proposal. Ms. Fox is in favor of it. Anybody else?
Page 17| June 9, 2020
Council Member Dunn: Yes. Can I ask another question?
Mayor Burk: Yes.
Council Member Dunn: Can we just have this be one pool of funds that we draw all groups out of?
Mayor Burk: You can make that motion if you like, Mr. Dunn.
Council Member Dunn: Okay. I'll throw that out there. In other words, instead of it being broken up by
groups, it's just a one pool of funds that everybody can draw from and it lasts until it lasts.
Keith Markel: Is that from $25,000 to a million?
Mayor Burk: It's for all of them.
Keith Markel: For every business in Town?
Mayor Burk: For everybody. All the businesses. He's saying, take all the money, put it together, and
distribute it to any business that applies.
Council Member Dunn: They would still be bracketed though, correct?
Keith Markel: Well, that's question because we--
Council Member Dunn: You understand that. That's what my understanding is.
Keith Markel: You have to clarify for us if the grant award is $5,000 for all the businesses regardless
of their size, and then you have to decide are you going to--
Council Member Dunn: No. Keith, what I'm saying is that you would still have the bracket of $2,500
and $5,000. It's just that there's a pool of funds by which those grants are awarded, but they'd still be
tiered. It's all one pool of funds, but the funds are bracketed based on the business size.
Mayor Burk: So you wouldn't end up with 250 grants to the $25,000 or more, because you're not going
to guarantee that many grants then, or more may go to that and less to the other one? It seems
somewhat complicated. All right. Do we have people that would--
Council Member Dunn: It's hard for me to know because I can't see what y'all are talking about.
Council Member Campbell: Can I provide some clarification for Mr. Dunn?
Mayor Burk: Yes.
Council Member Campbell: I think what he's saying is you only have two award categories. You either
award $2,500 or $5,000. It doesn't matter what the size of business is. That's all. Just two different
categories. You put all the money together from both groups, and you award either $2,500 or $5,000.
Simple.
Mayor Burk: All right. Do we have four people that are interested in doing that? Mr. Campbell and Ms.
Fox. I assume Mr. Dunn?
Council Member Dunn: Yes.
Mayor Burk: All right, that doesn't have enough to go forward. So we're back to the original option two.
Do we have four votes to carry option two divided the way it is? Ms. Fox, Ms. Burk, Mr. Steinberg.
Anybody else?
Page 18| June 9, 2020
Vice Mayor Martinez: Yes. [crosstalk]
Mayor Burk: Mr. Martinez. All right, that's the four votes to move forward on that. Then the required
percentage of lost revenue. Option one is 25%. Do we have four people that are interested in making it
25%? Mr. Steinberg, Ms. Burk, Mr. Campbell, Ms. Fox?
Council Member Dunn: Yes.
Mayor Burk: Mr. Dunn. Mr. Martinez?
Vice Mayor Martinez: I'll do it. Let's make it unanimous.
Mayor Burk: Okay, that one passes, six, zero. Okay. The motion--
Council Member Dunn: Madam Mayor?
Mayor Burk: Yes.
Council Member Dunn: Madam Mayor, I was yes on that previous question also.
Mayor Burk: Oh, okay. Thank you for the clarification.
Council Member Dunn: All right, thank you.
Mayor Burk: Okay. We need a motion now.
Keith Markel: A motion for these decision points?
Mayor Burk: Right.
Keith Markel: It might just sufficiently be staff directions on that. Because we have a resolution, the
formal resolution authorizing us to have a spending plan and to authorize signature for the County
documents.
Mayor Burk: Okay, but we just went through this.
Keith Markel: These are the internal decision points, they're not captured specifically in the existing
resolution so good.
Mayor Burk: We didn't need to go over them?
Kaj Dentler: I would think that you would want to put the specifics in your resolution as you just passed.
So there's no mistake about what you approved. Don't leave it up to come back in two months and
we're not sure or we argued over what we approved.
Council Member Steinberg: A point of information there Madam Mayor.
Mayor Burk: Yes?
Council Member Steinberg: For the nonprofits, did we decide whether we're going to allow the County
to manage the nonprofit grant distribution?
Mayor Burk: We decided that it would be the Town that would do it. Option two. So the motion would
read that we would set a maximum grant award of $50,000 to a single nonprofit, that a small business
grant size bracket would be businesses between $25,000 and $100,000 receiving $250,000 grants and
Page 19| June 9, 2020
businesses between $100,001 and a million would receive $5,000 in grants. The percentages of lost
revenue would be 25%. I'll move that. Is there a second?
Vice Mayor Martinez: Second.
Mayor Burk: Seconded by Mr. Martinez. All in favor?
Council Member Fox: I've got a question.
Council Member Dunn: Madam Mayor.
Mayor Burk: Just a minute, Mr. Dunn. Ms. Fox has a question.
Council Member Fox: My question is with the nonprofits. Is it going to be assessed just by what comes
in or is it going to be assessed by need?
Keith Markel: First, you would have to apply, and then it would be evaluated based on the criteria.
Council Member Fox: But we haven't set the criteria?
Keith Markel: Correct.
Council Member Fox: Okay, so when does that happen? Tonight or at some future point?
Keith Markel: We can develop it as staff. We proposed here on the slide, just three high-level bullet
points of benefit to the community, purchasing local where possible, showing the direct-- Really focus
on Leesburg, those sorts of criteria. We can draft that up and come back to you with more specifics.
Council Member Fox: It doesn't have to be in this specific resolution?
Keith Markel: Does not have to be at this point no, for the County funding plan.
Council Member Fox: Okay.
Mayor Burk: All right, Mr. Dentler.
Kaj Dentler: The only thing I was going to suggest is just an order for-- We are trying to get the money
out as fast as we can. So if staff develops basically a panel of different people in the community that
helps us develop the recommendations once we receive it, we bring that to you. You will then make the
final decision on the distribution, but if we don't come back to you with the process that you're going to
approve and then go out to get it, and you approve that later, it's just going to take time. If you're
comfortable with staff working to develop some type of community panel that we're working with, then
I think we can evaluate the applications that we receive. Then you'll receive that information. If you're
comfortable with it, you award it. If you're not, you don't. You have to approve it end of the day. Does
that help you?
Mayor Burk: Okay, Mr. Dunn.
Council Member Dunn: Question on that Kaj, are you talking about just nonprofit or is that all funds?
Kaj Dentler: Just the nonprofit.
Council Member Dunn: Just nonprofit?
Kaj Dentler: Yes, sir. Just the nonprofit.
Page 20| June 9, 2020
Council Member Dunn: Okay, thank you. Do we have a motion on the table? I didn't know that we
actually had a general motion.
Mayor Burk: Yes, we do. Yes.
Council Member Dunn: Thank you. I was going to make a motion to cap the governmental funding at
$500,000 and have the remainder put over to the funding for small businesses.
Mayor Burk: Are you asking for that to be a friendly amendment?
Council Member Dunn: I'll just make a motion to that effect.
Mayor Burk: Are there four people that want to--? Oh, yes, did you get a second?
Council Member Fox: I'll second.
Mayor Burk: Seconded by Mrs. Fox. Are there four people that are interested in capping the
governmental-- What is it called?
Keith Markel: Town government response.
Council Member Fox: Town response.
Mayor Burk: Town response to $500,000?
Council Member Dunn: Yes.
Mayor Burk: Are there four people that are interested in doing that?
Council Member Fox: Aye.
Mayor Burk: Ms. Fox? Mr. Dunn?
Council Member Dunn: Yes.
Mayor Burk: That doesn't go anywhere.
Council Member Dunn: I would ask to divide the question.
Martine Crim: Madam Mayor, if you could call for the nays on that?
Mayor Burk: Oh, I'm sorry. [chuckles] Nays? [chuckles] Mr. Campbell, Ms. Burk, Mr. Steinberg, Mr.
Martinez?
Vice Mayor Martinez: Nay.
Mayor Burk: Nay. Thank you for keeping me straight here.
Martin Crim: Yes.
Mayor Burk: So we have a motion. It was moved by me, seconded by Mr. Martinez.
Council Member Campbell: There's a discussion, hasn't gone around.
Mayor Burk: Yes, sir.
Page 21| June 9, 2020
Council Member Campbell: The point I made earlier about getting Council direction is directly related
to your call for funding requests and that we establish some priority or criteria of the kinds of things
we're looking at so it's not just a blank, "If you want money, give us this and this is how you qualify." I
think we're looking to fulfill certain types of needs, and it might be me, but I've asked for some Council
direction on that so that the criteria of awarding is also early established and it's not simply how Council
votes on it.
If we've asked for certain types of funding to fulfill certain types of needs then it comes back, it's not our
point to argue about whether or not that's a value if we state it upfront. If you don't have a value and a
priority, and I've seen this happen with the County and I've been at these meetings where people have
not been pleased about not getting funding, it then becomes arbitrary about who gets it and who doesn't.
I'm not saying you have to have absolute values, but I think the criteria of who applies could even be a
more targeted pool if they know what we're looking for directly.
Now, if that will be helpful to you later in discussions before you send out the call and request for
applications, we can postpone this until later. I don't think it necessarily needs to be in the resolution, I
just want to make sure we don't miss the opportunity for that discussion so everything moves ahead.
All we want to do in terms of your process-- All I want to do, is before it hits the streets, we've agreed
that it makes sense for what we're looking for. I'm not trying to slow anything down, but I do believe that
request for proposals is a very important document.
Mayor Burk: My concern with that-- I understand what you're trying to do, I think you're trying to identify,
"Do we want nonprofits that are dealing with rent, do we want nonprofits are dealing with hunger?" I
understand that, but I would think we would want the board that we're putting together to come to us
with that after they've looked at all the different applications so that we can see what are the major
things that are being out there. That would be my only concern with doing it that way but as you said,
we don't have to do it tonight and we have a motion on the table. So I will ask to call a vote. All in favor,
indicate by saying aye.
Members: Aye.
Council Member Dunn: Point of order. Madam Mayor, I did ask for the division of the question.
Mayor Burk: You did. I'm sorry. We're voting on all of them. Yes?
Council Member Dunn: I was just asking to divide the question at the--
Mayor Burk: Town government response?
Council Member Dunn: That's correct. The other two of the business funding and the nonprofit funding,
I'm okay with that being one vote, unless somebody wants to divide that. The Town funding, I feel is a
money grab and I cannot support that. Thank you.
Keith Markel: That would be part of the resolution. That's where you'd be approving the spending plans.
I think your first motion was just on finalizing decision point answers.
Mayor Burk: Okay. Correct. That's what I went through and read all the different-- Mr. Dunn, we're
voting on the decision points at this point, and then we will vote on the resolution itself. So I'm not going
to divide it at this point because we've pretty well agreed. I asked for a vote. I'm going to ask again
because it was interrupted. All in favor of the decision points that we have agreed to indicate by saying
aye.
Members: Aye.
Mayor Burk: That's Ms. Fox, Mr. Steinberg. Mr. Campbell?
Council Member Campbell: Aye.
Page 22| June 9, 2020
Mayor Burk: Mr. Martinez, Ms. Burk. Mr. Dunn, are you an aye or a nay? Mr. Dunn?
Martin Crim: Did we lose Mr. Dunn?
Mayor Burk: Did we lose you?
Martin Crim: Mayor earlier, Mr. Dunn said he wanted his silence to be treated as an aye but we can't
do that under State law.
Mayor Burk: Okay.
Council Member Dunn: Madam Mayor, can you hear me?
Mayor Burk: Now we can.
Council Member Dunn: Can you? Okay, good. You lost me there. What are we voting on?
Mayor Burk: We are voting on the decision points that we just talked about.
Council Member Dunn: Okay, I lost you at the point where I said I wanted to divide the question and
we voted on the division of the question.
Mayor Burk: No, because we're not voting on that yet.
Council Member Dunn: The phone went dead.
Mayor Burk: Okay. We're not voting on that yet. We're voting on the decision points.
Council Member Dunn: Okay.
Mayor Burk: Everyone has voted and we're waiting for you.
Council Member Dunn: On the nonprofit and--
Mayor Burk: The grant and the percentage.
Council Member Dunn: Okay. I'll say aye. I am not sure exactly what we're voting on, but I'll say aye.
Mayor Burk: All right, thank you. That was unanimous. Okay. Now we have to have a motion on the
Acceptance and Appropriation of the CARES Act of 2020 funding and submission of recommended
spending plan to Loudoun County.
Keith Markel: I guess if you're all comfortable with this, the updated spending plan would be substituted
for the spending plan that shows up in your packet.
Mayor Burk: Okay, this one that we have before us?
Keith Markel: The updated one that we've discussed this evening.
Mayor Burk: All right. So do I have a motion? So moved by Council Member Steinberg. Second?
Council Member Campbell. This is just the acceptance--
Council Member Dunn: Point of inquiry. What is this again that we're voting on?
Page 23| June 9, 2020
Mayor Burk: The Acceptance and Appropriation of the CARES Act of 2020 funding and submission of
a recommended spending plan to Loudoun County. This is where we will divide the Town spending.
We're doing everything but the Town spending.
Council Member Dunn: Okay. All right.
Mayor Burk: This is what was in the presentation. This is a resolution except for the Town's spending.
All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: All right. That looks like that's everyone. Mr. Dunn, Ms. Burk, Mr. Steinberg, Ms. Fox, Mr.
Campbell, and Mr. Martinez. All right. Now we have a request that the Town government response to
the COVID-19 be capped at $500,000 and the money go to back over to the business grants.
Keith Markel: No, that failed. That motion failed.
Martin Crim: No, I don't believe so.
Mayor Burk: No, it didn't.
Martin Crim: We have not voted on that.
Mayor Burk: I divided that.
Eileen Boeing: [inaudible 01:19:18]. Two to four.
Mayor Burk: Where was I? Two to four?
Eileen Boeing: [inaudible 01:19:29].
Keith Markel: We divided the questions. It's just pulling out the spending plan and making that a
separate vote.
Mayor Burk: That was what we voted on, was dividing the question and we agreed to divide the
question is my understanding of what we're doing.
Eileen Boeing: No.
Mayor Burk: No? We actually voted on it?
Council Member Dunn: Dividing the question doesn't require a vote.
Mayor Burk: All right, well, we voted on it Mr. Dunn and it--
Keith Markel: You voted on all things other than the spending plan I believe. That was unanimous
passage of everything other than the spending plan. Now you're voting on the spending plan?
Eileen Boeing: There was already a vote at capping it at $500,000.
Keith Markel: That's true. Yes.
Eileen Boeing: The decision points were unanimous. If you're going to accept the resolution without
the [inaudible 01:20:32]
Page 24| June 9, 2020
Council Member Fox: All right. Does that mean we have to take another vote for government
spending? Okay, that's where we're at?
Mayor Burk: On government spending, we have to take another vote?
Eileen Boeing: Correct. Mr. Dunn divided the question.
Mayor Burk: Okay. That's where I thought we were. Now we are talking about the Town government
response to COVID-19. Capping it at $500,000?
Keith Markel: No, no. Approving it at $772,000 [crosstalk].
Mayor Burk: Oh, okay, approving the original? Sorry. Do we have a motion to accept the Town
government response to COVID-19 as proposed by staff? So moved by Mr. Campbell, seconded by
Mr. Steinberg. Any discussion? All in favor?
Members: Aye.
Mayor Burk: Mr. Campbell's an aye, Mr. Martinez, aye. Mr. Steinberg, Ms. Fox, Ms. Burk. Nay?
Council Member Dunn: Nay.
Mayor Burk: Mr. Dunn. Are we done with that?
Keith Markel: I hope so. Thank you very much, so we'll get to work.
Mayor Burk: Okay. Thank you. The next motion is to approve the LGBTQ proclamation and I move
that to be proclaimed June 23, 2020 at the Town Council meeting. Is there a second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. Any discussion? All in favor indicate by saying
aye.
Council Member Campbell: Aye.
Council Member Steinberg: Aye.
Vice Mayor Martinez: Aye.
Mayor Burk: Mr. Campbell, Mr. Steinberg, Ms. Burk, Mr. Martinez. Opposed?
Council Member Dunn: Abstain.
Mayor Burk: Okay, so no opposition and two, Ms. Fox and Mr. Dunn abstained. The next one is the
motion to approve First Friday expenditures. Anybody want to move that one?
Council Member Campbell: So moved.
Vice Mayor Martinez: So moved.
Mayor Burk: [chuckles] Mr. Campbell moves to authorize the Town Manager to close King Street
between Market Street and Loudoun Street for 10 First Friday events per year at $2,000 per event and
amend the Fiscal Year 2021 general fund budget in the amount of $20,000 to be funded with CARES
Act of 2020 Grant funding to the extent eligible and reductions to operating expenditures to be identified
Page 25| June 9, 2020
by the Town Manager for the amount required after grant funding has been exhausted after December
30th 2020. Mr. Campbell moved it. Mr. Martinez, second. Any discussion?
Council Member Fox: I've got questions. Going back to Council Member Steinberg's point last night.
What if we can't have First Fridays?
Mayor Burk: What will happen if we can't have First Fridays?
Kaj Dentler: Can you say the question again?
Council Member Fox: We were thinking last night-- I hear we're moving to Phase 2, still can't have
First Friday with Phase 2. What if we stay in Phase 2 for a while and we can't be using these funds
because we can't have First Friday?
Kaj Dentler: Yes, the motion is written so that we will use the CARES funding for any First Friday that
occurs in this calendar year. That's eligible, but once we go to January to the new calendar year, we
can't use CARES funding then it comes out of the General Fund.
Mayor Burk: Yes, but what happens? She's asking what happens to that money, the CARES money.
What happens to the CARES money if we don't spend it?
Kaj Dentler: Well, yes, any of the remaining CARES money-- What we're doing is each event is $2,000
to cover staff costs. So if an event in calendar year '20 occurs, they will apply $2,000 from the CARES
funding for that. If it doesn't occur, then that CARES funding just stays and that's in your amount of
money community, your government support-
Council Member Fox: That's great, but we're talking specifically First Friday, what if businesses wanted
to do outdoor dining and have something like that and it's not First Friday?
Kaj Dentler: You can do that if you wish to do it. If you want to do more.
Council Member Fox: In addition to this? Because I'm saying First Friday. First Friday is a very specific
event. I'm talking about other events that they might want to do because they're in such a situation.
Kaj Dentler: Who is they?
Council Member Fox: Business owners
Council Member Steinberg: Well, this only is specific for first Friday. It doesn't preclude us from not
doing things, but this motion is specific to First Friday-
Mayor Burk: Don't you have it in the Town?
Kaj Dentler: -to support that in order to close to that block of King Street off, but we have funding in the
CARES program that you just approved.
Council Member Fox: For that specific--?
Kaj Dentler: Yes, ma'am, that we can use if things come up and are eligible.
Council Member Fox: I just wanted to make sure we had that and just was worried about the words
First Friday because that's--
Kaj Dentler: Yes. That's in the money you just approved.
Council Member Fox: Okay. Thanks.
Page 26| June 9, 2020
Kaj Dentler: You're welcome.
Mayor Burk: Mr. Steinberg? Just a minute, Mr. Martinez. Just one sec.
Vice Mayor Martinez: Thank you.
Mayor Burk: You what?
Council Member Steinberg: What did he say?
Mayor Burk: We'll get back to him. [chuckles]
Council Member Steinberg: This is designed to be an ongoing program from here on out, I presume.
Kaj Dentler: Yes. We will be adding based on your approval of this, then we will be closing that block
of King Street for First Friday events and the Town will pay the bill of the $2,000 associated with closing
that. That becomes part of our budget and what we do until you say stop.
Council Member Steinberg: I'm sorry to belabor the point, maybe I'm missing. I just want to be clear
on something. We have potential for six basically, from now until the end of the year. We're not likely to
be anywhere near being able to hold one in July so that's five. December is generally not considered
slated for a street closure so that takes us to four. So are we saying we're going to allocate $8,000 of
the CARE Act towards this specific thing, and if we see it's not happening, we reallocate those funds to
other uses that the Town--
Kaj Dentler: For the CARES funds or the General Fund?
Council Member Steinberg: Specifically the CARES funds because it's mentioned here.
Kaj Dentler: Let's just assume that six events occur. Best case scenario, we know it's not going to be
six but if it did, we will use the CARES funding to pay that bill. Once we start the new calendar year,
any event which we close the street for first Friday, the Town General Fund will pay that cost.
Council Member Steinberg: I recognize that. I just want to be sure we're not putting ourselves in the
position of losing the funds basically because we haven't used them before the end of the year. That's
only my concern.
Kaj Dentler: We can only use the CARES funds to the end of the year.
Council Member Steinberg: Exactly.
Kaj Dentler: After that, we're not eligible to use that anymore.
Council Member Steinberg: It's flexible enough where we need to say, "We're not doing First Friday.
We're going to take these funds and move them elsewhere." Let's get past the first year. It still says 10
months and we're only going to spend the money as we need it now. We're dark on January so that
takes us to 11. Any month, that's not good weather then, of course, we would lose. Let's say it's the 10
so at $2,000 apiece. How are we going to move the money if it doesn't get spent for First Friday? I
guess it's the only question.
Kaj Dentler: Going into the new year?
Council Member Steinberg: Anything that will involve the CARES--
Page 27| June 9, 2020
Kaj Dentler: What we do is we have to move money around to cover the overtime associated with the
Police and Public Works. They're the staff so will do that. The Budget Team and Finance will work those
numbers out so it's there if it's needed. If there are 12 First Fridays in a year-
Council Member Steinberg: There are. [chuckles]
Kaj Dentler: -because it's a perfect year, then we'll pay that. If there's six because of bad weather, then
we have savings a little bit in those line items.
Council Member Steinberg: Just so you know, they're never 12 because we're always dark in January.
Kaj Dentler: The money will be there. If the weather accommodates it, we will make it happen.
Council Member Steinberg: Okay. Thanks.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: I was just going to clarify what Mr. Dentler already clarified that we're not going
to lose the CARES Act money because we don't spend it. If we don't spend it on first Friday, we'll find
someplace to put it. It will help itself. That's all.
Mayor Burk: That's correct. Mr. Campbell.
Council Member Campbell: A couple of clarifications. One about the CARES Act funding. I'm not sure
if I read this in a Town County report or not, but again, any unspent funds in the year go back to the
County. There is money to lose in the sense that if we don't spend all of our $4.7M, we only spend $4M,
we have to send the other seven back.
Kaj Dentler: Correct.
Council Member Campbell: That's correct.
Kaj Dentler: That's correct. Yes, sir.
Council Member Campbell: The other point of flexibility and I'm not trying to amend my own motion,
but there could be other First Friday activities that don't necessarily require the closing of the street.
Again, because we want to work in partnership with the organizations that support First Friday, and
even during times when people may not be out as much, they still may want to have support. Some of
that support may be in the marketing budget, or it could be some of the CARES Act funding. So it may
not be $2,000, it could be a $1,000. As long as we have that flexibility, then I think we're going down
the right direction.
Kaj Dentler: Correct.
Council Member Campbell: Thank you.
Mayor Burk: Ms. Fox. Did you have--?
Council Member Fox: No.
Mayor Burk: Mr. Dunn?
Council Member Dunn: I did have a question because maybe I misunderstood this last night. Are we
now talking about we're going to waive or basically fund the $2,000 expense from here on out and if so,
why are we getting wrapped around the axle, whether it's CARES money or not? Because I think as
Mr. Steinberg was pointing out, we've only got the possibility of using CARES money through the end
Page 28| June 9, 2020
of the year, and that's only going to be maybe four months if we're lucky. We are talking about this being
an ongoing effort, not just one that's going to be finished at the end of using the CARE money at the
end of the year.
Mayor Burk: Correct.
Kaj Dentler: Correct.
Council Member Dunn: It is ongoing, correct? Is that what you're saying?
Mayor Burk: That is correct.
Kaj Dentler: Yes, sir.
Council Member Dunn: Whether we use CARE money or not, we're only talking about till the end of
this year, and after that, it's Town funds?
Kaj Dentler: Correct.
Mayor Burk: After that, it's Town funds.
Council Member Dunn: Because the CARES has to be used by the end of the year. Thank you. I
thought it was only going to be for this year. Thank you.
Mayor Burk: All right. We have a motion by Mr. Campbell seconded by Mr. Martinez. All in favor,
indicate by saying aye.
Members: Aye.
Mayor Burk: That's unanimous. That takes us to our next one, which is the motion to approve the Town
Attorney as a parliamentarian. Anybody want to make this motion at this time? Mr. Steinberg makes a
motion to approve amending the Council rules of procedure to indicate that the Town Attorney will serve
as a County Council parliamentarian effective at the June 22nd and 23rd, 2020 Council meeting and
that the parliamentary role will be officially part of the Town Attorney's job description and to direct the
Interim Town Attorney to prepare the text of the amended rules or procedures. Mr. Steinberg made the
motion, is there a second?
Vice Mayor Martinez: Second.
Mayor Burk: Seconded by Mr. Martinez. Any discussion at this point? Mr. Campbell?
Council Member Campbell: I think I brought up this point last night as a separate conversation. I'm
not in favor of making that happen now, I am in favor of a thoughtful conversation about the role and
we can have that conversation right now. It's hard to have it just within this specific context about what
we need, how we want to behave towards that particular role, what are the expectations of that particular
role in terms of actual leadership not on what Mr. Crim kindly has outlined for us, but it's how that is
really orchestrated and received.
We don't want to create something that we've seen at times become a point of contention about who's
on Council, who's on not. W e're seeking wise counsel and advice, it means it must be respected and it
has to be supported in a way that says we still have the ability to make a different decision on some
things but the reality of do we only want it for Robert's Rule of Order. Do we want it for anything else? I
think there's just too many questions out there, and if people have answers for them and could speak
to the points I've raised, I'm willing to hear it. I do believe some context has to be in that job description
as we talk to candidates at the end of this month. I've said that a couple of months ago, and here we
Page 29| June 9, 2020
are today, and I don't think just to impose it in one meeting is going to fix anything or solve a problem
we don't understand.
Mayor Burk: All right. We have a motion on the table made by Mr. Steinberg, seconded by Mr. Martinez,
all in favor of the motion indicate by saying aye.
Members: Aye.
Mayor Burk: Mr. Steinberg, Mr. Martinez, Ms. Burk. Opposed?
Council Member Campbell: Nay.
Mayor Burk: Mr. Campbell.
Council Member Dunn: Nay.
Mayor Burk: Mr. Dunn, and Ms. Fox, so that fails. All right. The public hearing for West Market Street
has been removed. That takes us down to Council disclosures.
Council Member Dunn: Can I go first? [chuckles]
Mayor Burk: Yes.
Council Member Dunn: I just finally pulled into my driveway and it's been a long day. If I can go first,
I'd appreciate it and I'll get off the meeting after that. I just wanted to say to all the graduating seniors
from kindergarten, elementary, middle school, high school, and college that they almost were the class
that almost wasn't, but they shouldn't take that attitude. They very much are and should be proud. I
don't think they'll ever be forgotten as the class of 2020. While their graduations may be greatly
abbreviated, their accomplishments are not. Having a senior who's graduating tomorrow, I'm very proud
of his accomplishments and along with the rest of his classmates, I wish all the graduating classes of
2020 the very best. Thank you.
Mayor Burk: Thank you. At 7:20, Mr. Dentler, I got a text that said we have no picture or sound. Did
we realize that this hasn't been broadcasting? Do we have any indication of that?
Elizabeth Lorenzen: We have been broadcasting.
Mayor Burk: Okay, you're wrong.
[laughter]
Kaj Dentler: You don't mess with Liz.
Mayor Burk: She can't hear me so that's okay. All right.
Kaj Dentler: I need to put her up there.
Mayor Burk: Thank you. Mr. Martinez?
Vice Mayor Martinez: Thank you. Well, I have no disclosures but I want to go along with Council
Member Dunn's congratulations to all the 2020 students. I know it's been a disappointing time with this
COVID and not being able to have all the dances and sports and all that stuff that goes along with it. I
do hope that maybe sometime between now and August we can do some kind of senior parade down
King Street. I'm hoping staff is still working on it, but I do want to say congratulations. I know I do have
some in my neighborhood. I also want to offer condolences to the Thomas family. It is a tragedy. It's
sad and I could come up with a whole list of adjectives, but we cannot even imagine the hurt in the
Page 30| June 9, 2020
Thomas family's heart. I wish them the healing. I'm just saddened by it and I'm hoping that through
prayer, we all can help them get through this.
Then also, on another note, I am very proud of the Town of Leesburg and its residents on just the types
of protests we have and the fact that we are finally seeing some movement in our Police Department
on the movement of Black Lives Matter because it does matter. When people say, "Well, why do you
say black lives matter?" You have a great video, a horrible video that depicts why they say black lives
matter because there has been a horrible history of our police and how they have treated that. I'm proud
to say that after talking with the Chief Brown, which is one of the reasons I wanted him to come forward,
there's a lot of those eight policies that can't wait we've already implemented and the Chief is working
to continue to provide the best community service to our Town. I do want to say thank you to all those
people who walked in protest. I believe that's all I got to say. Have a nice evening, thank you.
Mayor Burk: Thank you. Mr. Campbell?
Council Member Campbell: I want to say a special thank you to our Town Police force. On May 31st,
the event, the silent walk, the “I can't breathe silent walk.” The thank you isn't just for their service, or
their flexibility. The thank you is for their spirit of compassion during a very difficult time that kept us
under control and orderly. There were a lot of different types of energies, maybe a lot of different types
of actors, certainly was a crowd that we didn't expect and a particular size and force, but their willingness
to be one with the people in the crowd was clearly evident. That's part of policing that you can't teach.
It's part of their humanity. It's part of who they are. It's part of why they serve and you can't get that in a
training book or a training manual and I think that's what the community is kind of asking for.
It's not just all the standards and procedures. I do agree, we need to look at some of our policies and
procedures and whether they're right or wrong it's okay to review whether we have problems, we haven't
had problems. I don't know specifically if we have any of these similar kneel or choke holds in our
procedures. I would hope not, but that's what people are doing now. They're just reexamining and
reaffirming what the policies and principles that they want under these types of circumstances. Not
taking anything away from the police, but empowering them to have different choices so that people do
live. The black lives matter protest continued.
The Loudoun County NAACP will have continued organized events throughout Sundays for the rest of
June. A lot of it is about against standards and procedures and Police follow-up. Certainly want to
congratulate all graduates on all levels. A very special shout out to my 18-year-old grandson who
graduated. Christian Alexander Campbell-Fletcher. Yes, get a job.
[laughter]
He's actually going into the Air Force, so we're really proud of him. My heart, Fitz Thomas, a young man
that I knew very well and obviously know his family very well. There are still long days ahead. There'll
be plans obviously for his wake and his funeral. There are plans underway to have him interred at the
Belmont Burial grounds. It'll be quite a significant moment. Obviously there'll be limitations as to how
many people can gather. We'll still be in COVID-19 situations, but it really says a lot. This community
has shown such an outpouring of love for Pastor Michelle and her family. So we thank you, I thank you
for what this community has already done, knowing that there are harder days ahead. Thank you all
very much.
Mayor Burk: Ms. Fox?
Council Member Fox: Thank you. I'd like to go ahead and echo Council Member Dunn's sentiments
on our graduates and also Council Member Campbell's sentiments on our Police Department. I'd like
to state that I fully support our Police Department. I think Chief Brown's leadership is exemplary. I have
something that I prepared, Phase 2 notwithstanding I've heard a lot from people in the past couple of
months, and there are voices who are being ignored and haven't been heard. They've asked me to
speak for them. So I put a little thing together. In the early days of the virus, so little was known. Business
owners were willing to absorb the financial hit if it meant the safety of our community. In the ensuing
Page 31| June 9, 2020
months, we've gathered more data and experience to inform our decisions and our behaviors.
Moreover, we have a better understanding of the risks posed by the virus to different geographic and
demographic groups.
It is now incumbent upon us as policymakers to use what we know about the data and the risks to
create a policy that is fair and consistent across the board. Perhaps even more importantly, we need to
allow our citizenry to make our own decisions based on what we now know about the virus. The recent
protests in Leesburg and across Loudoun have been a perfect demonstration that if given a chance,
individuals can make their own decisions based on the relative importance of the activity they want to
engage in, measure the risks against what they want to engage in and take whatever precautions they
feel are necessary in order to mitigate risks associated with that activity.
Those protesting appeared to be well informed of the risks and behaved accordingly just as we would
expect. Given an opportunity Northern Virginians rose to the occasion and conducted themselves in a
smart and responsible manner, employing masks and/or appropriate social distancing. Our Leesburg
business community wants that same opportunity, a fair chance, and the opportunity to show the
community that they are responsible and they're ready to open.
They want consistency in the application of the rules. I believe we owe them that and we should
advocate and stand up for that when we speak to our State representatives and with the Governor. We
as policymakers need to be careful both at the State and local level that we are applying rules
consistently. It shouldn't matter if we're talking about grocery stores or churches, protests, or family
gatherings. It really shouldn't matter how important we think an activity is in question. We, as
policymakers need to get out of the business of deciding which activities are essential. We should make
sure we're providing our citizenry with the most up to date information regarding the current risks and
appropriate safeguards and let the individuals make determinations about what activities are worth the
risk, which are exactly what we did for the protests and the protesters. That's called proper governance.
This has been a hard few months for everyone. We've not been able to properly celebrate holidays.
We've been kept from worshipping in our churches. We've missed graduations. We've not been able to
give loved ones proper goodbyes. We watched our small businesses utterly destroyed economically,
and seen suicide rates skyrocket, and it's time to move forward.
We need to move forward responsibly for sure, but let's give those we serve the same benefit of the
doubt we gave them when they were protesting because we certainly have no reason to believe that
our citizens would be more responsible when protesting than they would when they would be visiting
the park, going to dinner or attending church or going to work. We should not treat the call to be
responsible in the face of known risks as a primary function of government. We need to craft policies
that treat our citizens and businesses with the respect that they deserve and encourage the County and
state policymakers to do likewise. Thank you.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Thank you, Mayor Burk. I have no disclosures. Along with everybody
else. There are several echoes here. Certainly to our seniors. My condolences to the Thomas family.
I'd like to also reiterate my condolences to the Lassiter family, as well. I definitely would like to commend
both the Leesburg Police Department and the Town staff in the handling of the very well-organized
event on May 31st.
We had a second smaller event through Town a few days ago, organized basically by a group of middle
school children representing the Black Lives Matter movement that went through Town in a very orderly
fashion, and nothing untoward happened. I think Leesburg has shown that its residents and people who
support us can come here and find a welcoming environment. Now that doesn't mean over the course
of the next weeks and months-- We have many conversations to be held regarding any number of things
that we have to deal with but hopefully, we can continue down a peaceful path and offer more quality
to all of our citizens. Thank you.
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Mayor Burk: Thank you. I don't have any disclosures at this point, but on May 30th I participated in the
National Society of the Sons of the American Revolution in celebration of General Anthony Wayne's
crossing commemoration day at the spirit of Loudoun County Revolutionary War Memorial, recounting
his leadership bravery and heroism with the Pennsylvania line on their march to Yorktown, Virginia, and
the end of the Revolutionary War. While there were nine of us at this memorial, there were over 100
sons of the American Revolution on the zoom presentation. They do this every year and it's really a
wonderful program and it's history at its best so that I thank them for inviting me to participate.
May 31st would have been the Youth Summit on environmental issues that we approved and waived
the fee for Ida Lee for the students that were putting this together. They're very disappointed and I'm
sorry that they weren't able to complete this project, but hoped that maybe next year one of them will
pick it up and carry it to a conclusion because they were very excited about it. They had everything
lined up and ready to go and they were very disappointed.
On June 5th, I had the opportunity to participate in the Fox Morning Show Zip Trip. It was great fun to
be able to talk about Leesburg and how we're open and ready for business. This is a safe place to come
and we welcome everybody to come back to Leesburg and enjoy our restaurants and our venues and
most certainly all of our retail establishments. I want to thank Beth Erickson for Visit Loudoun for all of
her hard work making this happen and our own Economic Development department. They did a great
job.
Finally, if you'd have a chance to go by Catoctin Elementary School and see the wonderful display they
put together for their graduates of fifth grade and the school as a whole, please stop by. It's a great
display. It's a wonderful public art. It's a love sign, with all the teachers and staff and kids' handprints on
them. They have a lovely, lovely garden where all of the students painted rocks and put sayings on the
rocks. It's really darling. I want to congratulate Peter Fetters as the PTA President and Ms. Platenberg
and her faculty for truly inspired goodbye after a very difficult year. I want to wish all the seniors all the
luck. I know it's disappointing that you're not getting the usual treatment but just know that you're special
because everybody's doing things differently and hopefully we will be able to get that parade in place
here sooner than later.
I do want to offer my condolences to both the Thomas family for such a devastating loss and to the
Lassiter family. Mr. Lassiter was an institution here in Town and it's a real loss to have him gone. Mr.
Steinberg, weren't you going to ask for a proclam ation for Mr. Lassiter?
Council Member Steinberg: Yes [unintelligible 01:50:16]
Mayor Burk: If we could put that onto a future business meeting?
Steinberg: Yes.
Mayor Burk: Are there four people that would be willing to support a proclamation for Mr. Lassiter? Mr.
Campbell, Ms. Fox, Mr. Martinez, myself, and Mr. Dunn I think is off. Thank you all very much. Mr.
Dentler do you have anything?
Kaj Dentler: Yes, just a few quick comments. First to offer my public condolences to the Thomas family.
As all of you have already said, I don't think any of us could ever imagine such a situation and we don't
even know how to act other than to offer support. It's very impressive how our community has rallied
around the Thomas family. We wish them the best in the many days to come.
I also want to acknowledge how proud I am of the community and how we responded to the protests
that occurred. Those were not expected, but I think it shows that the community can come together and
express their opinions and we can still stay together as a community versus tearing ourselves apart.
I'm very proud of our Police Department as you've already mentioned and I thank you for that. Chief
Brown's leadership remains outstanding and I'm very pleased and proud that I was able to make that
right choice with your guidance as well.
Page 33| June 9, 2020
He's never disappointed me. The Police officers that we've had out there have done a fantastic job
working with him. That shows the years and years, and years and years of foundation building to have
a true community policing as Mr. Campbell, I believe you said. Basically, the rule book is one thing, but
how you carry that out is important and we've done that. Also, I want to recognize the other employees
that are behind the scenes that you never see. Joe Dame, our Emergency Management Coordinator is
deep in the weeds in the planning and preparations of these events as our other officers, our Public
Works Department, our Parks and Recreation, staff, Public Information, et cetera, in order to ensure
that the Police Department can succeed. Also, the Police Department is the one that is visible, but
there's a lot of people behind the scenes to make that happen.
Finally, just to remind you that as the Governor announced today in the press conference, Northern
Virginia is expected to go into Phase 2 on Friday. For us, that means that we've got some things to
reopen. Ida Lee is one, and we'll be doing that with basically 30% capacity. We expect Phase 2 will be
for about anywhere from two to four weeks. I think it's probably fair to say it's probably closer to three
but that is to be determined. The Balch library is already working on modified schedule and appointment
process. Ida Lee will reopen as it can. The outdoor pool will not reopen until Phase 3.
We know there are going to be some restrictions in Phase 3 we just don't know what they are. The last
thing just as my comments go along of how proud I am, the organization has continued to operate
throughout this COVID experience. Although we are going into Phase 2, Town Hall never shut down
our operations. We never closed our doors to the public, Monday through Friday.
I can tell you there are other jurisdictions in Northern Virginia that aren't even open for Town Hall. Their
business is going on in different ways, but their doors have not been open and will not open for a few
more weeks. I don't need to call them out. That's not part of this, but it's just to show you because you
may not see these things on a day-to-day basis, the comparisons. What I think Leesburg is an
outstanding organization and what we do to provide services to our residents and our communities
should not go unnoticed that we have never shut our doors to the public and nor did we need to. We've
continued to do that and I appreciate your support to get through this process and just to complim ent
our Town employees to make that happen. With that is all my comments. Thank you very much.
Mayor Burk: We've got a motion to adjourn?
Council Member Steinberg: So moved.
Mayor Burk: Second? Ms. Fox seconded by Mr. Steinberg all in favor.
Members: Aye.
Mayor Burk: Opposed?