HomeMy Public PortalAbout2020_tcmin0714COUNCIL MEETING
July 14, 2020
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Council Chamber, 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 Public Works and Capital Projects Renee
LaFollette, Airport Director Scott Coffman, Director of Economic Development Russell
Seymour (via WebEx), Deputy Director of Public Works and Capital Projects Bud Siegel,
Senior Transportation Engineer Calvin Grow, Leesburg Police Lieutenant Jaime Sanford,
Executive Associate Corina Alvarez (via WebEx) and Clerk of Council Eileen Boeing.
AGENDA
1. CALL TO ORDER
2. INVOCATION was given by Council Member Fox.
3. SALUTE TO THE FLAG was led by Mayor Burk.
ITEMS
4. ROLL CALL
a. Electronic Participation
Council Member Dunn requested to electronically participate in the July 14,
2020, Council Meeting due to the health and safety concerns associated with the
Coronavirus. Mayor Burk, Vice Mayor Martinez, Council Member Campbell,
Council Member Fox, and Council Member Steinberg were physically present at
the meeting.
MOTION 2020-155
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
To allow Council Member Dunn to electronically participate in the July 14, 2020,
Council Meeting.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1 (Dunn absent)
5. MINUTES
a. Work Session Minutes of June 22, 2020
MOTION 2020-156
On a motion by Vice Mayor Martinez, seconded by Council Member Campbell, the
minutes of the Work Session ofPune 22, 2020, were moved for approval.
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The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: None
Vote: 6-0
b. Regular Session Minutes of June 23, 2020
MOTION2020-157
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
minutes of the Regular Session Minutes of June 23, 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
c. Regular Session Minutes of June 30. 2020.
MOTION2020-158
On a motion by Vice Mayor Martinez, seconded by Council Member Campbell, the
minutes of the Regular Session Minutes of June 30, 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
MOTION
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the meeting
agenda was 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
7. CERTIFICATES OF RECOGNITION
a. None.
8. PROCLAMATIONS
a. Resolution of Respect for Horace Nelson "Mutt" Lassiter.
Mayor Burk presented a resolution of respect to Mrs. Mattie Lassiter in
honor of her late husband Mr. Horace Nelson "Mutt" Lassiter. Mrs. Lassiter made
a few remarks.
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9. PRESENTATIONS
a. Detour Plan — Battlefield Parkway & Route 7 Interchange Project.
Mr. Bud Siegel gave a presentation to Council on the detour plan that will be
in effect beginning July 27, 2020, to route traffic around the intersection during the
construction of the Route 7 and Battlefield Parkway interchange project. The
detour is expected to be in effect until June 1, 2021. Council asked questions about
the project and managing the impacts of the detour.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioners section was opened at 7:28 p.m.
There were no Petitioners wishing to speak.
The Petitioners section was closed at 7:29 p.m.
12. APPROVAL OF THE CONSENT AGENDA
Council Member Campbell requested that item 12.b. — Temporary Outdoor
Dining during the COVID-19 Pandemic be removed from the Consent Agenda for
discussion.
MOTION2020-159
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the
Consent Agenda was proposed:
a. Storm Sewer Encroachment Agreement (Residential Property at 519
Clagett Street SW)
RESOLUTION2020-073
Authorizing the Mayor to Execute a Storm Sewer Encroachment Agreement
between the Town of Leesburg, Virginia and Edward Keith Sarro and
Suzanne Marie Sarro for Residential Property Located at 519 Clagett Street
SW
The Consent Agenda was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
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b. Temporary Outdoor Dining During the COVID-19 Pandemic
Council discussed the temporary modifications and asked questions
regarding what will happen as restrictions are lifted and normalcy returns
and the type of notice that would be provided to businesses when that occurs.
MOTION2020-160
On a motion by Vice Mayor Martinez, seconded by Council Member
Campbell, the following was proposed:
RESOLUTION2020-074
Extending and Clarifying Temporary Modifications of Zoning Ordinance
Regulations for Temporary Outdoor Dining Areas for Eating Establishments
to Promote Social Distancing During Recovery from the COVID-19
Pandemic
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. Harrison Street Mural
Council Member Fox noted that the mural was beautiful but
expressed concern that residents were being held to different standards in the
H-1 than the Town was holding itself to.
MOTION2020-161
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed::
RESOLUTION2020-075
Approval of Haffison Street Art Mural
The motion was approved by the following vote:
Aye: Campbell, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Dunn, Fox
Vote: 4-2
b. Process for a Temporary Appointment to Fill a Vacant Council Seat
Council discussed the process for a temporary appointment to fill the
vacant Council seat and decided upon the decision points required in the
draft resolution.
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MOTION 2020-162
On a motion by Council Member Steinberg, seconded by Council Member
Campbell, the following was proposed:
RESOLUTION2020-076
Confirming the Process to be used by Town Council to Select from Persons
Interested in Serving on Town Council for an Interim Period Ending
December 31, 2020
The Mayor took individual votes on the information inserted into the
blanks of the resolution before the main motion was approved.
MOTION 2020-163
On a motion by Mayor Burk, the following was proposed:
To approve Town Council Members notifying the Clerk of the Council in
writing of their top five candidates in order of preference by close of business
(5:00 p. m.) Friday, July 17, 2020.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Dunn
Vote: 5-1
MOTION
On a motion by Mayor Burk, the following was proposed:
Discussing the candidates in Closed Session
The motion failed by the following vote:
Aye: Campbell
Nay: Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Vote: 1-5
MOTION2020-164
On a motion by Mayor Burk, the following was proposed:
Discussing candidates and possibly voting on any candidate receiving at least
four votes at the July 28, 2020 Council Meeting
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor
Burk
Nay: None
Vote: 6-0
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July 14, 2020
The main motion was approved with the amendments by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor
Burk
Nay: None
Vote: 6-0
c. CARES Act Memorandum of Agreement with Loudoun County
Economic Development Authority
Council discussed the dispersal of the funds by the Loudoun County
Economic Development Authority on behalf of the Town to businesses
identified by the Town. Mr. Markel said the Town is reviewing the 269
applications that were received. Council also discussed what happens if the
funds are not dispersed, the timing of when the funds needs to be spent or
returned to the Town and County and eligibility of businesses that may have
already received funds from the County.
MOTION 2020-165
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed::
RESOL UTION2020-077
Approval of Memorandum of Agreement with the Economic Development
Authority of Loudoun County
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1 (Vice Mayor Martinez absent)
d. Motion to Approve the Proclamation Recognizing the Ampersand
Pantry Project (Sponsor: Council Member Fox)
MOTION2020-166
On a motion by Council Member Fox, seconded by Council Member
Campbell, the following was proposed:
I move to approve the Recognizing the Ampersand Pantry Project Proclamation to be
proclaimed at the July 28, 2020, Town Council Meeting.
The motion was approved by the following vote:
Aye: Campbell, Fox, Steinberg and Mayor Burk
Nay: None
Vote: 4-0-1-1 (Vice Mayor Martinez absent, Dunn abstain)
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14. BID OPENING & PUBLIC HEARING
a. Airport Aviation Fuel Tank Site — Bid Opening and Public Hearing.
Mayor Burk announced that two bids were received from Kuhn Jet Center
LLC and ProJet Aviation LLC. Mayor Burk asked if there were any additional bids
from the floor. There being none, the bidding was closed. Mayor Burk gave both
bids to Airport Director Scott Coffman to review with staff.
The Public Hearing was opened at 8:06 p.m.
Mr. Coffman gave Council a brief presentation on the 2,500 sq. ft. ground
lease for a fuel tank site at the Leesburg Executive Airport.
Council asked questions regarding the other fuel providers at the Airport,
what happens to the tanks at the end of the lease, competitiveness of fuel costs,
criteria for evaluating the bids and whether or not the lease could be extended after
20 years.
Public Comments:
Chuck Kuhn. Spoke to Council on behalf of himself and his son, Mr. Scott
Kuhn, regarding the competitiveness of fuel at the Leesburg Executive Airport. Mr.
Kuhn also spoke about the FAA Grant Assurance Program and some of the
requirements that affect the Airport.
Shye Gilad. Spoke to Council regarding his services as the current fuel
supplier at the Leesburg Executive Airport stating that he feels he provides
competitive pricing. Mr. Gilad stated that one of the challenges for expansion at
Leesburg Airport is the limited space for storage tanks and that their bid is intended
to provide that capacity.
Mayor Burk announced the Public Hearing was being continued to August
11, 2020, to allow staff time to review the bids.
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Dunn disclosed that he had an exchange with Mr. Doug Skinner
via email regarding the Town's procurement process. Mr. Dunn said he referred him to the
Town Manager to address his questions and concerns.
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Council Member Dunn requested a Work Session discussion to require applicants
to identify streets named after African American heroes, historical figures and civil rights
leaders.
There was no consensus to add this item. (Dunn, Vice Mayor Martinez)
Council Member Dunn requested Council consider providing funding to the
NAACP statue that the County was erecting on the Courthouse grounds to replace the
Confederate statue. Mayor Burk ruled this request out of order as the County has not
announced plans yet to do so.
Council Member Dunn requested a Work Session discussion for the Town to offer
funding at the request of the NAACP for a Courthouse monument or one on Town
property.
There was no consensus to add this item (Dunn).
Council Member Dunn requested a Work Session discussion on giving Town Staff
Juneteenth off as an official Town holiday.
There was consensus to add this item (Campbell, Dunn, Fox, Vice Mayor Martinez,
Steinberg).
Council Member Dunn requested a Work Session discussion to identify a Town
Street where the Town could place a "Black Lives Matter" mural on the street.
There was consensus to add this item (Campbell, Dunn, Vice Mayor Martinez, Steinberg)
Council Member Dunn requested to have a Work Session discussion on having
regular representation of the NAACP at Town Council meetings.
There was no consensus to add this item (Dunn).
Council Member Dunn said he would be willing to provide his support of the
purchase of the Westpark property and have a Work Session discussion only if the park
was named, "Black Lives Matter Park."
There was no consensus to add this item for a Work Session discussion (Dunn).
Council Member Steinberg disclosed he met with Mr. John Cook regarding Rock
Spring Farm and the proposed water bottling plant.
Council Member Fox disclosed she met with Mr. John Cook regarding Rock Spring
Farm.
Council Member Fox requested an Information Memo on the W. Market Street
sidewalk improvements.
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There was consensus to add this item to a future meeting (Campbell, Fox, Vice Mayor
Martinez, Steinberg and Mayor Burk).
Council Member Campbell disclosed that he met with Mr. John Cook regarding
Rock Spring Farm. Mr. Campbell spoke about the community conversations that are
coming forward and that they require more transparency than ever before. He noted
Council has important work to do and hopes for meaningful conversation as Council
proceeds.
Vice Mayor Martinez asked the Town Manager for an Information Memo on the
maintenance to the corner property on Lassiter Way that he believes was donated to the
Town.
It was the consensus to add this item to a future meeting (Fox, Vice Mayor Martinez,
Steinberg and Mayor Burk).
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed that she met with Ms. Molly Novotny and Mr. Truett
regarding Leegate to discuss options on what can be done. Mayor Burk stated that
she attended a Coalition of Loudoun Towns (COLT) meeting that was also
attended by Loudoun County Board Supervisor Kristen Umstattd where they
discussed issues affecting the Towns related to zoning issues which could also
impact Leesburg. Mayor Burk noted she attended a meeting of the Northern
Virginia Regional Commission that brings together all of the leaders in Northern
Virginia and that they have been dealing directly with the Governor and the
Governor's office on different issues. Mayor Burk expressed frustration that the
Town of Leesburg has not been able to get Town specific COVID numbers. Mayor
Burk said she participated in a NVTA call along with Chair Randall concerning
completion of the project on Route 15, the overpasses, and to request additional
funding. Mayor Burk said that she participated with COPA and Parks and Rec in
awarding three different houses for their 4th of July decorations. Mayor Burk said
the parade with the fire truck was great fun. Mayor Burk commended the
Ampersand Project. They have now served 24,000 meals and will do so for another
few months and are looking for additional funding to do so. Mayor Burk said she
attended the reopening of Visit Loudoun and their remodeled space which includes
a Leesburg -specific area. Mayor Burk said she was appointed by the Virginia
Municipal League (VML) to the local government recovery task force. She said one
of the initiatives was to get the Federal government to cover the cost of localities not
getting any funding from their tax base. Mayor Burk also commented on the
challenges school systems were having with reopening plans.
19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. None.
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21. ADJOURNMENT
On a motion by Council Member Steinberg, seconded by Council Member Campbell, the
meeting was adjourned at 8:44 p.m.
Clerk of Council
2020 tcmin0714
Kelly yor
Town of Leesburg
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July 14, 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.aov 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 Burk: I would like to [inaudible 00:02:29] please, see the Clerk. Council Member Fox will be
giving the invocation and I will be leading the Pledge of Allegiance. Council Member Fox.
Council Member Fox: Father in heaven, we thank you for the ability to meet this evening. Please guide
this Council as we make decisions that we're called upon to make and that we may do so and confer
and debate with kindness and respect. We ask a special blessing on those who risk their lives every
day to protect us and please bless our Town against sickness, against violence, and with continued
peace. We say this in the name of Jesus Christ. Amen.
Mayor Burk: Please join me in the pledge.
Council Members: I pledge allegiance to the Flag of United States of America and to the republic for
which it stands, one nation under God, indivisible, with liberty and justice for all.
Mayor Burk: We have someone who is participating electronically and I'm looking for my wording.
There it is, Council Member Dunn has asked to participate in the July 14th, 2020 Council meeting due
to health and safety concerns associated with the virus. Do I have a motion to allow Council Member
Dunn to electronically participate?
Council Member Steinberg: Second.
Mayor Burk: Vice Mayor Martinez seconded by Council Member Steinberg. All in favor indicate by
saying aye.
Council Members: Aye.
Mayor Burk: Opposed? One, two, three, four, five, okay, five, zero, one. We're short one member, so
it's confusing. Let the record reflect that all members of Council are present electronically or physically.
Do I have a motion to-- No, I already took care of that, never mind. Roll call reflects everybody is present
with Mr. Dunn being electronic. I have minutes from the work session of June 22nd, 2020. So moved
by Vice Mayor Martinez, second by Council Member Campbell. Alt in favor?
Council Members: Aye.
Mayor Burk: Opposed? Mr. Dunn, I need to hear you.
Council Member Dunn: Aye.
Mayor Burk: All right, that's five, zero.
Council Member Steinberg: Six, zero.
Mayor Burk: Six, zero, thank you. Five zeros. Regular session minutes of June 23rd, 2020.
Council Member Steinberg: Second.
Mayor Burk: Vice Mayor Martinez seconded by Council Member Steinberg. All in favor?
Vice Mayor Martinez: Aye.
Mayor Burk: Opposed?
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Council Member Dunn: Aye.
Mayor Burk: Regular session minutes of June 30th, 2020. So moved by Vice Mayor Martinez seconded
by?
Council Member Campbell: Second.
Mayor Burk: Seconded by Council Member Campbell. All in favor?
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Dunn: Aye.
Mayor Burk: All right, six, zero. Do I have a motion to accept the meeting agenda?
Council Member Fox: So moved.
Mayor Burk: So moved by Council Member Fox, seconded by Vice Mayor Martinez. All in favor indicate
by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? That's six, zero. We have no certificate of recognition, but we do have a
proclamation tonight. This is very special. This is special for a lot of us. This is a proclamation a
resolution of respect for Horace Nelson "Mutt" Lassiter. Whereas a beloved member of our community,
Horace Nelson "Mutt" Lassiter passed away on Wednesday, June 3rd, 2020 surrounded by his family.
Whereas Mr. Lassiter was born August 13th, 1934 for to James and Ellen Louise Nelson Lassiter in
Leesburg, Virginia. Whereas Mr. Lassiter spent seven years serving his country in the United States
Marine Corps, where he also learned to cut hair on a military base.
Whereas after he was honorably discharged from the military, he obtained his barbering license and
began working at the Robinson Barbershop in downtown Leesburg. Whereas Mr. Lassiter eventually
purchased Robinson's Barbershop and retired in 2018 after serving the community for over 50 years.
Whereas the Leesburg Town Council approved a resolution in October 2018 to name the public alley
immediately adjacent to Robinson's Barbershop located on the eastside of Town Hall parking garage,
Lassiter Way. Whereas in February 2019, the Town held an official ceremony to formally dedicate
Lassiter Way and to recognize Mr. Lassiter for his many contributions he made to Leesburg community
over the years.
Whereas Mr. Lassiter made a positive and permanent impact on the community by integrating the
Loudoun County Boy Scouts in the early '60s, coaching numerous sports teams throughout the county,
and has given invaluable service to his church. Whereas Mr. Lassiter always had the heart to serve
others, therefore, proclaim, the Mayor and Council of the Town of Leesburg in Virginia hereby send our
sympathy and condolences to Mrs. Mattie Louise Lassiter, Nelson's wife of 33 years, and to the Lassiter
family. Proclaimed this 14th day of July, 2020.
I'm going to go down and give this to Mrs. Lassiter at this point and ask her if she'd like to just say a few
words because Mr. Lassiter was really an institution here in this Town. He was known throughout the
sports world. There are so many young adults and older adults now that he coached and really made
a difference in their lives because he didn't just teach then the sport, he taught them about life. He was
just an institution and an icon in our Town. We're sorry to see him go, but we're very lucky to have had
him for 50 years in the same spot. I want to present this to Mrs. Lassiter on behalf of the Town Council.
Mattie, may I give this to you?
Mattie Lassiter: [inaudible 00:08:53].
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Mayor Burk: Would you like to say a few words about who Mutt was and [inaudible 00:09:00]? There
you go. Would you like to face the camera in your beautiful outfit?
Mattie Lassiter: First of all, I'm most grateful for the appreciation which you're showing my husband.
[inaudible 00:09:19] for more than 60 years. I found him to be true to his heart and his heart was
always about people. It didn't matter how old they were or how young they were, he would always be
working with the children in some manner. I met him when I was [inaudible 00:09:41], he won my heart
then, and so I can only be grateful that I had 34 years of marriage to this wonderful person. Now, when
I say a wonderful person, remember, he was a Marine.
[laughter]
[inaudible 00:10:04] and I said, "Yes, sir," I saluted. I did it so many times he probably said, "Please
don't say it to me again," and I did stop. [inaudible 00:10:21] because he was good at giving
instructions, but I learned that he was really devout and everything he put his hands to do, he did the
best he could do. He was so sad before he departed, he said, "I can't do nothing that I used to do
anymore." [inaudible 00:10:48] I really miss him. [inaudible 00:10:54] ever knew how much I loved
him. [inaudible 00:11:00] I thank you all for being so kind as to acknowledge him for what he did do.
His son will be glad to receive some kind of [inaudible 00:11:10] so that he can also learn from the
experience of his father. Thank you.
Mayor Burk: [inaudible 00:11:17] Thank you very much and thank you for [inaudible 00:11:24].
Mattie Lassiter: Thank you.
[applause]
Mayor Burk: All right, does anybody have any regional commission reports? Mr. Steinberg, did you
say yes?
Council Member Steinberg: No.
Mayor Burk: Okay, the petitioner section.
Council Member Steinberg: I think we have another section, Madam Mayor.
Mayor Burk: Oh, I'm sorry, we do. A somewhat controversial one, yes. A detour plan for Battlefield
Parkway and Route 7 interchange project.
Renee LaFollette: Excuse me, Madam Mayor and Council. I'm going to introduce Mr. Bud Siegel, who
is my Deputy Director for Public Works and Capital Projects and is also serving as the acting Capital
Projects Manager and Project Manager for this project. He will be doing the presentation this evening.
Bud Siegel: Thank you, Renee.
Mayor Burk: You know about the 10-minute rule.
Bud Siegel: Yes, ma'am, I do.
Mayor Burk: Okay.
Bud Siegel: I'll do my best. Once I get going, you never know. Again, ma'am, to put all in context, here's
a rendering of the Battlefield Parkway Interchange North is roughly up on a piece of paper. It's a single
point on the dot. You all have seen this before. It's configured very similar to the Route 7/659 Belmont
Ridge interchange right in, right out, non -signalized intersection to Cardinal Park Drive. What we're here
to talk about, again, was presented to the Council conceptually. We're here to talk a little bit more in
greater detail is the Battlefield Road closure and the associated detour. Just a few key points and again,
trying to put it all in context.
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Construction started on November 22, 2019. The pace of construction is picked up as the spring has
begun. The construction completion date is on schedule for fall of 2021. The detour implementation is
coming in 12 days on 26th July of this year. Again, 12 days away. In the contract, the Battlefield Route
closure and the detour is not to exceed 309 calendar days. If someone took the time to count through
the calendar, that's actually June 1st, 2021. There's a couple of things that have changed since the
Council last saw this detour. There's been the completion of some ancillary improvements to facilitate
the detour.
I'm specifically speaking about the dual left turns that have been constructed from southbound
Battlefield to eastbound Fort Evans Road and northbound River Creek Parkway to westbound Fort
Evans Road. That's actually a very important elements that will facilitate the impending detour. Also,
Trailview Boulevard has been opened up to provide additional access or supplement the access to
Cardinal Park. Initially, as you all know, Cardinal Park was only accessible from Route 7. Finally,
COVID-19, the Town has been doing maybe a little bit of an informal or less scientific study, but what
we have seen is a 20% reduction in the traffic volumes that's been attributed to the COVID-19 pandemic.
We're saying that in a different way. Today's volumes are about 80% of the pre-COVID volumes that
we were experiencing in February. The Town's study, however, was corroborated with something with
a little more statistical robustness that was done by NVTA just recently. Our traffic volumes are down
by about 20%. However, a point that I think is important to note is our speeds are up. I don't mean the
general traveling speed, but motorists who choose to speed are taking advantage of the reduced
density, if you will, the vehicles that they're encountering, and they're going faster than they were before
if they choose to speed.
Not every motorist is, but those who choose to speed have the opportunity to go faster. Here's a picture
of the detour and some old graphic. You have seen this in a slightly different form. I'm going to do my
best with the cursor to show you, but rough, generally speaking, the detour goes from Russell Branch
Parkway heading from Battlefield Parkway North. Once you hit Russell Branch Parkway, you will make
a right travel east onto Russell Branch Parkway, go across Trails Boulevard, north, crossover Route 7
to River Creek Parkway, and then Fort Evans Road to head north or south if you choose to access a
portion of Battlefield Parkway that is open to service the shopping center.
There is no detour proposed on Route 7. The detour, and I think you've all heard this before, but just to
reinforce it, it greatly facilitates construction, early delivery, and reduce costs. From what I understand,
I actually wasn't in the Town at the time, but it's clear to me just looking at the project that one of the
goals of the detour and the program that we're setting up to manage that detour traffic is to encourage
detour use and to discourage motorists from using other routes to get around, specifically Potomac
Station Drive.
Today, I'm going to speak to you very briefly about three main points that I thought were important, is
the public outreach associated with the Battlefield Parkway closure and detour, the deployment of that
detour, and the detour monitoring, and the incident response. Actually, the principal outreach to the
public is done by the Virginia Department of Transportation. They do have a project website. However,
VDOT and their Public Affairs office have been very tightly coordinating with our Public Information
Office here in the Town. There was a news release about the detour that was issued on July 2nd.
There's a direct mail or actually one of my colleagues who lives here in Town received his notification
today. It was mailed to 8,500 residents that live within roughly a mile radius of the project. The Town
will serve as utilizing their public affairs infrastructure to amplify a rebroadcast, reannounce VDOT's
message. The intent is not to redo the message but to rebroadcast so that people know and take
advantage of the Town's infrastructure. Leesburg Police have been kind enough. I didn't realize, but
they apparently have HOA representatives that work for the Police. HOAs are used to dealing with
them.
We're going to be taking advantage of those relationships to get the police as well to broadcast a single
message. There'll be a Northern Virginia Twitter VDOT statewide entity. They have media outreach
statewide, but it's also regional. They're going to use their Northern Virginia Twitter account to broadcast
the information about the detour. Again, the Town will utilize their infrastructure, Twitter, Facebook,
lnstagram, and a social platform called Nextdoor, which actually I'm not familiar with. I need to learn a
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little bit about. Print ads, they may be necessary. The Department of Transportation, VDOT is
considering that. I will note that there is a detour video which is on the project website.
It's a live link here. I could click to it, but its 2 minutes and 36 seconds, and I would grossly violate my
10-minute rule. Take a look at that video. It comes at you pretty quick but there's a lot of good
information. Again, relative to the coordination between the Town's Public Information Office and VDOT
Public Affairs, we had a WebEx on July 2nd to ensure that everybody is aware of the mechanisms and
the tools to reach the public. I expect that those ongoing coordination meetings and relationships will
continue as the project evolves.
Detour deployment. Again, I've taken the time to break it into three main bullets. July 15th through the
25th is the preparation of the detour. There'll be continued interagency and stakeholder coordination.
On Thursday, we have a regular project meeting with the contractor, with VDOT, with other
stakeholders. The big topic of conversation is refinement of the contractor Wagman Heavy Civil, the
refinement of their detour plan or detour deployment plan associated with this July 26th milestone. Bear
with me. Part of the deployment in those two weeks leading up to the detour will be the installation of
detour signs to advise motorists about the detour, where to travel, how to head those signs.
There's actually about a hundred of them, actually more than a hundred. We keep asking for a few
more. Those will be bagged or covered so that they don't confuse motorists and are ready to deploy on
the day of the deployment. Part of our effort is to retime the signals to make the detour, and encourage
motorists to use the detour, and to streamline travel operations. One of the elements of the project is
that there is 14 signals, one is coming out, three belong to VDOT, 10 belong to the Town. Sunday, we'll
begin our deployment. Late afternoon, we'll unbag those signs or uncover those signs. In early evening,
we will block Battlefield Parkway, and then the signals will be adjusted.
Then on Monday morning early, we will remove the Route 7 Battlefield signal, and this detour will be
fully in place by 5:00 AM rush hour. Again, my real last slide here, there's a lot of interagency
coordination. We've had dealings with Virginia State Police, Loudoun County Sheriff, Fire and Rescue
are the main ones where we talked to VDOT, Wagman Heavy Civil. We've spoken with Loudoun
County's Office of Emergency Management. The Town's Office of Emergency Management has been
part of those dialogues. The communication is good. I want to convey that as part of what we're doing
is we're going to have to monitor the detour.
We've gone from the theoretical now, trying to predict where motorists are going to go, to the practical.
We're going to see how they're behaving and if they are behaving in an unfavorable way. We have a
toolbox to monitor and address those unfavorable operations. With that being said, ladies and
gentlemen, that concludes my presentation. I respectfully turn the microphone back to you, Madam
Mayor, members of the Council for any questions or comments which you may have.
Mayor Burk: All right, thank you. Council Member Steinberg.
Council Member Steinberg: No questions, thank you.
Mayor Burk: Council Member Dunn.
Council Member Dunn: No questions.
Mayor Burk: Council Member Fox.
Council Member Fox: Just one quick question.
Bud Siegel: Yes, ma'am.
Council Member Fox: You said completion by June 1st, that is a no -later date?
Bud Siegel: The contract stipulates the completion of the detour that the detour be completed. The
Battlefield Parkway be open to traffic and the detour un-deployed or removed, and that's 309 calendar
days that's stipulated in VDOT's contract with the design -build team.
Page 51 July 14, 2020
Council Member Fox: Okay, so if somebody asks us, we can we pretty much say June 1st, that's that
target date.
Bud Siegel: That's the contract date, ma'am. Yes, ma'am.
Council Member Fox: All right, thank you.
Mayor Burk: Mr. Campbell.
Council Member Campbell: Mr. Siegel, thank you, sir, for being here tonight. What's your phone
number?
Bud Siegel: Home number, sir? I'll give you my cell, sir.
Council Member Campbell: Thank you, I appreciate that. I've been waiting two years for this pain. It's
not the behavior of the project, as we talked a little earlier, it's the behavior of people. People will not
observe the detour routes when they find the easier way around through either Potomac Station or
Edwards Ferry. At some point, and I don't know when you pull the trigger in terms of monitoring, but I
expect that all these roads will be monitored because they go through very livable and active
communities and neighborhoods.
The responses, we don't want to wait until we have a problem, but how can we foresee what may be
becoming a problem, and then the community would just expect us to react so that we don't have angry
citizens and HOAs, particularly Potomac Station Drive during the school year. Now, we don't know what
the school year is going to look like, but I know in previous preconstruction conversations, principals
and others were concerned on our two schools on the Potomac Station Drive. Let me ask a direct
question after I've made these comments. When will that new side road in between Giant and Harper
Park be finished?
Bud Siegel: I believe you're referring to Keystone Drive. I believe the contractor's look -ahead schedule
has that opened up and completed in about two months, so as I recall from our last project meeting.
Council Member Campbell: So that the traffic on Route 7 to be able to go through those business
establishments will still be maintained until that road is completed.
Bud Siegel: The entrances onto the businesses that are served by Route 7 need to remain open until
Keystone Drive is completed. Yes, sir.
Council Member Campbell: I'm just saying this for the public, but they'll be properly notified in advance
to be able to look at their business before it's actually closed. It just won't be suddenly gone. Those
businesses will be communicated with and notified.
Bud Siegel: Sir, and actually that's a great question, there's actually extensive public outreach
interfaced between VDOT and the business owners that are impacted by this project. Actually, that's
been very well coordinated.
Council Member Campbell: Okay, thank you.
Bud Siegel: Yes, sir.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: [inaudible 00:26:25] The question I have is there is our signal --
Mayor Burk: Your seat.
Council Member Steinberg: It is on.
Vice Mayor Martinez: Okay, I want my time reset. [chuckles] No, but is this better?
Page 61 July 14, 2020
Mayor Burk: That's better.
Vice Mayor Martinez: The signal at, I'm trying to remember, right off of seven before you get to
Battlefield Parkway that goes to the -
Mayor Burk: Cardinal Park.
Vice Mayor Martinez: - Cardinal Park, thank you. Is that going to stay active during this whole
transition?
Bud Siegel: The intent of the project is to allow Cardinal Park to remain in operations as a crossover
during the detour. However, it's worth noting that a number of folks that have looked at the detour at
the traffic operations have raised concerns about that. Obviously, we don't want to take the elimination
at signal and the elimination the crossover out. There's a number of things that we can do to try to
address unfavorable operations if we observe them. That monitoring starts the day we open up the
detour, the morning of the 27th.
I think I would be remiss in not saying that if it presents an operational problem, if it endangers our
motorists that are passing through, we need to consider what to do with that signal and what to do with
that crossover. We do recognize it's an important element to the business owners. Keeping in mind,
however, as I said earlier in my remarks, I believe that access is now provided via Trailview Boulevard
to Cardinal Park, which is a great thing.
Vice Mayor Martinez: My wife has already told me when I was explaining to her about the detours that
we're going to be going down seven, down Cardinal Drive in Trailview and cross over to Russell Branch
and that's going to be our detour. I got a feeling that that intersect is going to be swamped and we may
need to figure out some kind of mitigation strategy for that.
Bud Siegel: I would encourage you to go the posted detour route, sir.
Vice Mayor Martinez: Good answer.
Bud Siegel: Yes, sir.
Vice Mayor Martinez: Thank you.
Mayor Burk: I only have one question, and it's to clarify something you said at the beginning. The very
first slide you said 309 calendar days will get you till June 2021, and yet you say that the construction
completion is fall of 2021.
Bud Siegel: Yes, ma'am.
Mayor Burk: The detour has to come out?
Bud Siegel: The detour will come out, Battlefield Parkway will serve as an overpass bridge. However,
there will be other elements of the project that will still be under construction with a scheduled
completion date of November 2021.
Mayor Burk: So that was the difference between what Council Member Fox was talking about. I want
to thank you very much. This was important for us to bring it forward. This is going to be a change, it's
going to be hard for people, and their behavior, as you said, is going to have to be monitored and
checked. This is going to be a very different environment for a couple of years until we get it finished,
but boy, when it's finished, it'll be quite an improvement to that area. Thank you very much.
Bud Siegel: Yes, ma'am, likewise, thank you. I appreciate your questions and comments.
Mayor Burk: All right, now that takes us to the petitioner section. One of the first orders of business is
to hear from the public. All members of the public are welcomed to address the Council on any item
matter or issue. Please identify yourself, and if comfortable doing so, give your address for the taped
Page 71 July 14, 2020
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 a five-minute time limit. For those
participating in person or on 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 the 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 to all. Council can now
hear from members of the public remotely. Once we have heard from anyone present in the room, we
will hear from the members of the public on the phone or WebEx. Our petitioners, nobody has signed
up to speak from the room. Is there anybody online that is waiting to speak to us? One person?
Corina Alvarez: Madam Mayor, there are no members of the public joining us this evening for the
petitioner section.
Mayor Burk: All right. Then, is there anybody in the audience that wanted to speak that didn't sign up
that would like to have an opportunity now to speak? If there's no one in the audience then and there's
no public hearing for tonight on this survey. There is a public hearing on the detour?
Eileen Boeing: There's a public hearing on the Airport later on.
Mayor Burk: All right, okay, so I will close the petitioner section at this point. Approval of the consent
agenda.
Let me turn the page. I will read the items on the consent agenda and if anybody wants anything
removed please indicate when I ask. 12A is the authorization of the Mayor to execute a storm sewer
encroachment agreement between the Town of Leesburg, Virginia and Edward Keith Sarro and
Suzanne Marie Sarro for residential property located at 519 Clagett Street SW. B is temporary outdoor
dining during the COVID-19 pandemic.
This is extending and clarifying the temporary modifications of the Zoning Ordinance regulations for
temporary outdoor dining areas for eating establishments to promote social distancing during recovery
from the COVID-19 pandemic. Is there anyone that would like anything removed?
Council Member Campbell: Yes.
Mayor Burk: Which one is that?
Council Member Campbell: B.
Mayor Burk: B? All right, then the only thing we have is A. Do I have a motion to accept A?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg, seconded by Vice Mayor Martinez. Any
discussion? All in favor indicate by saying Aye.
Council Members: Aye.
Mayor Burk: Any opposed? Mr. Dunn?
Council Member Dunn: That was an aye.
Mayor Burk: Okay, thank you. Temporary outdoor dining during the COVID-19 pandemic. Mr.
Campbell, you have some issue with this?
Council Member Campbell: I have some questions, no issues for clarification. I'm not sure who to
address it to, Mr. Town Manager, but we'll start with you. Again, the clarification and the clarification for
me what would trigger, are we saying an executive order of the Governor would trigger a reduction in
Page 81 July 14, 2020
this offering of temporary outdoor space? Which means we would take away the ability of restaurants
and dining establishments to have outdoor space only if the Governor issued an executive order, or
could there be any other trigger?
Martin Crim: Thank you, Council Member Campbell. There could be some other triggers besides the
Governor's order, for example, if ABC changes its guidance. Currently, we're operating under ABC
guidance and they have the ability to change that guidance. If there's other orders that might take effect,
then we obviously would have to follow those even if they conflicted with this resolution.
Council Member Campbell: If the Governor issued an executive order, is there a timing to
enforcement. One of the things I know would be disruptive, people got to put some time, energy, and
money into creating these spaces, so I don't know if we anticipate we give 24-hour notice or 48-hour
notice. I'm just trying to think ahead as to the implementation of this action.
Martin Crim: A fair question. I would say that, in general, the Governor's orders have been running
about three to five days ahead of their effective dates.
Kaj Dentler: We will be very flexible with the businesses on the transition back to whatever the new
normal will be. We're not going to just show up and immediately force you to shut down. A, we don't
have the resources to do that, B, it wouldn't be fair to the businesses, et cetera. It'd be
counterproductive, but we'll work with the businesses to begin to shift to where we're supposed to be
at the appropriate time.
Council Member Campbell: The last question is about parking. Are the parking requirements we're
asking for any more stringent than the parking requirements already in place?
Martin Crim: Its less stringent.
Council Member Campbell: It's less stringent, okay. That's what I thought, but again, I just wanted to
clarify. All right, thank you.
Mayor Burk: Ms. Fox.
Council Member Fox: Just one quick question. You said at the appropriate time. When exactly does
is this, I guess, change, and is there a deadline, is there something that triggers the end?
Kaj Dentler: The Governor has to take certain action and once that occurs, and Mr. Crim can maybe
be a little more specific, but once that action changes and we begin to go back to where we have
previously practiced from, then we'll work with the businesses to make the adjustment, but there is no
specific time at this point.
Council Member Fox: So you're saying its a Governor -initiated thing, whatever it is, so we don't know.
Not an end of a declaration of emergency or anything like that.
Kaj Dentler: Right. It's all intended to be a very flexible process to work with the businesses just like
we've allowed it to occur, we want the businesses to do well, we're relaxing the rules, we reduced the
parking requirements so they can take advantage of it. Be creative. You've seen a variety of businesses
who have been just that, very creative to make happen what they can with the current economy, and
we want to continue to be business -friendly as we shift back to whatever that new normal will be at
whatever time that's going to occur. At this point, I don't think any of us know.
Mayor Burk: Is there anyone else who has a question on this?
Council Member Dunn: Madam Mayor.
Mayor Burk: Yes.
Page 91 July 14, 2020
Council Member Dunn: Kaj, to continue with that question. We're in phase three, currently, do you
know or does anyone else on staff know this? Is phase four back to normal or is phase four still possible
modifications to what was normal?
Kaj Dentler: That's a great question. I have asked the same question previously. There is no phase
four. We're only phase three. When all of this started, we all believed or were led to understand that
phase three would be back to normal, but phase three is not going to be, we're in phase three with
restrictions. I think that we're going to see and I'm only predicting because the Governor has not
clarified, but everything that we are gleaning from the information is that restrictions will continue in
some vein until, at some point, the orders drop off. As of now, the direct answer to your question is
there is no phase four that gets us completely back to normal pre-COVID.
Council Member Dunn: Because I listened to the Governor's presentation today, he did refer to a
stage four. I think as you stated, phase three, we thought was supposed to be fairly normal, but we're
finding that there actually are still restrictions on that. Again, if the requirements, even though the new
normal might be still maintaining social distancing, that still would be a situation where restaurants may
be operating at 50% or even less in order to comply with what may be considered reasonable safety
standards for their customers.
In essence, do you see us continuing with helping our businesses even if we are in a situation where
there could be concerns for the pandemic but no state of emergency or what really might be no phases,
but still encouraging social distancing, for example, which would limit the number of customers
businesses have? Would you see us still relaxing the regulations?
Kaj Dentler: I think that'll be a discussion that we're probably all are going to have over the next several
months or a year. Right now, we are in, as you know, uncharted territory. We don't know when it's going
to end, we don't know what the new normal will be. I think as those things become more clear, certainly
in the fall is a key milestone for all of us in our society across the nation based on what happens with
the schools, what the reaction, is there another surge going to occur? How are we going to manage
that? What will it be like in Thanksgiving and Christmas time?
The short answer is I think once those things become a little more clear, then I think that there'll be a
variety of discussions about regulations and what will allow businesses to be able to succeed, and those
should occur, those conversations should occur. Right now, I think it's just too early, but I do understand
your question and I do think you're correct because even right now, businesses can be opening doors
as you've indicated, but you have to have the social distancing, so that means you can't really be full
capacity. That's a challenge for all of us. We are in a wait and see mode unfortunately, we will continue
to be in that for several more months.
Council Member Dunn: One last question. Do the businesses still have to comply with ADA
requirements even though they might be outdoors and possibly even on public walkways?
Kaj Dentler: Yes, sir.
Council Member Dunn: Okay. All right, thank you very much.
Mayor Burk: Anyone else? All right, do I have a motion?
Vice Mayor Martinez: So moved.
Mayor Burk: Moved by Vice Mayor Martinez to extend and clarify the temporary modifications of Zoning
Ordinance regulations for temporary outdoor dining areas for eating establishments to promote social
distancing during recovery from the COVID-19 pandemic. This moved by Vice Mayor Martinez and
seconded by Council Member Campbell, all in favor indicate by saying aye?
Council Members: Aye.
Mayor Burk: Opposed? That's six, zero. All right, we have a couple of resolutions. The first one is the
Harrison Street mural. This is for approval of the Harrison Street art mural?
Page 101 July 14, 2020
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez.
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. Is there any discussion on this? Yes.
Council Member Fox: I just have one point. I took a look at the mural and is absolutely beautiful. It's
actually quite stunning. My one issue that I always have, I still have, and probably will continue to have
is we really, as a Town, we hold residents and businesses feet to the fire when it comes to our H1 and
keeping everything historically accurate, and we continue to not do that with murals. I just wanted to
point that out that I still have an issue with that.
Mayor Burk: All right, thank you. Anyone else have a comment? Mr. Dunn, anybody have a comment?
All right, I have a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, all in favor
indicate by saying aye?
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Fox: Nay.
Council Member Dunn: Nay.
Mayor Burk: That's five. No, that's four, two. Look forward to flowers and beautiful drawings on Harrison
Street on that ugly wall. Next one is the process for a temporary appointment to fill a vacant Council
seat. Confirming the process to be used by the Town Council to select the person interested in serving
on the Town Council for an interim period ending December 31st, 2020. We need a motion and a
second before we can discuss it, so do I have a motion?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg seconded by Council Member Campbell. Council
Member Steinberg, did you want to say anything on this in regard to this make, make suggestions,
motions?
Council Member Steinberg: I guess we [crosstalk].
Council Member Dunn: What's the process going to be? Excuse me.
Mayor Burk: Pardon me, Mr. Steinberg is speaking right now, Mr. Dunn. Go ahead.
Council Member Steinberg: I believe basically we had at least some consensus that we would submit
a certain number of names to the Clerk of the Town and hopefully find some intersection amongst us
in the names that we submitted. Then if we find consensus, then we would consider those names as
final candidates. For the process, there was a suggestion that we go into closed session. I don't know
that that's still a suggestion or if that would be agreed to.
Mayor Burk: Are you making a motion at this point?
Council Member Steinberg: We did. Yes, we have a motion made. We don't have a process in place
yet.
Mayor Burk: We don't have the process, got it. I'm trying to get somebody to make a motion onto what
the process should be, but we can discuss it and then come back to it if you'd like. Council Member
Fox?
Page 111 July 14, 2020
Council Member Fox: Just a couple of questions. The names that we've submitted, if I read things
correctly, if four of us have submitted the same name, they'd make that list? Is that correct? Okay, when
will we receive those names as a Council?
Mayor Burk: We have to decide on the process.
Council Member Fox: Okay, so that's why we haven't seen it.
Mayor Burk: Yes.
Council Member Fox: All right, then it says after we have those names, I just want to make sure I have
this clear so that I can vote the right way, whoever is on that sheet must have four votes, not the majority
of those present at the meeting. Say, one of us is ill, it's not three votes and that would make a majority
for five, it has to have four votes?
Mayor Burk: Again that would be the --
Council Member Steinberg: That's what we're after.
Council Member Fox: That's what I saw here. That's why I'm asking for clarity.
Mayor Burk: Because remember we had three things that were proposed last time. We're talking about
one of the proposals from last time. I can't remember, do you Mr. Dentler, remember which proposal
that one was.
Kaj Dentler: I'm sorry.
Mayor Burk: Would it be the majority of people present or would it have to be four or more?
Martin Crim: Four.
Kaj Dentler: To vote on the finals?
Mayor Burk: Yes.
Kaj Dentler: Four.
Mayor Burk: Four or more.
Council Member Fox: Thank you very much.
Mayor Burk: Mr. Campbell?
Martin Crim: Madam Mayor?
Mayor Burk: Yes.
Martin Crim: There are a couple of blanks in the draft resolution that have been presented tonight.
Sections three and four have blanks in them, so you should fill those blanks before voting on it because
as it currently written, it doesn't have a deadline for members to provide the Clerk with their top five
candidates. I would just point out that maximum of five, vote for no more than five. Then section four
requires that you come back to Council on a regular Council meeting date so that you can have a close
session on that, but the date is not filled in so that would need to be filled in as part of the Council's
action tonight.
Mayor Burk: All right, and I believe we need to also decide if there's consensus to have a closed
session or not.
Martin Crim: That's correct.
Page 121 July 14, 2020
Mayor Burk: I have to say, I just got kicked out, so I don't have the documents in front of me. You're
going to have to bear with me for a second.
Council Member Steinberg: While you're looking, a point of information, please.
Mayor Burk: Yes, go ahead.
Council Member Steinberg: I believe our list showed 18 names, but it was my understanding two
people dropped out. Can you refresh our memories as to which two? At least one, I thought it was two.
Kaj Dentler: I think two dropped out.
Mayor Burk: Do you know which two?
Eileen Boeing: Mr. Steinberg, the list that was in your packet was the list of the final candidates.
Council Member Steinberg: In the tab?
Eileen Boeing: In your tab, tab 11 of the Council packet.
Council Member Steinberg: Because I thought I saw all 18 that's why I'm asking.
Eileen Boeing: The first two attachments is the draft resolution and then the resolution from 2016, so
the remaining 16 names are their final attachments. They're up on the screen if that helps you.
Mayor Burk: Oh, okay.
Eileen Boeing: The first two attachments. The first is our resolution.
Council Member Steinberg: [inaudible 00:48:32]
Eileen Boeing: Yes, you're welcome.
Council Member Steinberg: I apologize.
Mayor Burk: Let me see if I can get in there now.
Council Member Fox: I'm not seeing the sheet that has the blanks. I don't see that on here.
Council Member Campbell: It says presented July 14th.
Kaj Dentler: [crosstalk] the resolution?
Martin Crim: Keep scrolling.
Kaj Dentler: The resolution is just written in the direction that you've given today and what you've
discussed. You asked to advertise in section one, we did that. The Clerk received it, provided the names
as you saw on the memo to you already. Section three is what you had indicated previously about
providing your top candidates to the Clerk if you still wish to do that, and how many of you wish to do.
Then if you wish to have a closed session, which you did discuss previously, but you're not required to.
It's totally up to you what you wish to do and what your process will be.
Council Member Fox: Ok. Thanks.
Mayor Burk: Mr. Campbell.
Council Member Campbell: I was going to go over this resolution saying I basically agree with all the
points in the resolution. I believe they were discussed before and I think Mr. Crim is right, we just need
to fill in the dates. If we go to section three, Town Council Members will notify the Clerk of Council in
Page 131 July 14, 2020
writing of their top five candidates in order of preference. Section 4 talks about when we want to talk
about it. I believe our next business meeting on July 28 should be the date. If Council agrees to go on
a closed session or not a closed session, that should be the date, the 28th, which I think for agenda
and planning purposes, we used to get our agenda a week before.
A week from today is the 21 st, I believe is enough time to have our candidate selections. It's either that
or the Friday before close of business on this week, the 17th to be able to work with coordinating the
top candidates, so whoever gets four selections or not. I think there's some flexibility. I would defer to
the Clerk about how much time that she would like. It could be Friday, it could be Monday, but I think
we've all had enough time with the candidates' resumes and the candidates to be able to move
appropriately.
I believe our date for consideration of temporary appointment should be no later than the 28th of July.
Mayor Burk: All right. Mr. Dunn, did you have anything you wanted to add?
Council Member Dunn: Thank you, yes. This is what was discussed previously, I'm still more in favor
of an open process. I would rather actually have the names be brought forward at our decision meeting
and the candidate that gets the majority votes would be the one who would be hosting the interim
Council Member. As far as the resolution goes, the counselors can choose this form to submit names
ahead of time. I'm not really thrilled with that process, but I'm definitely not thrilled with number four with
the three words in closed session. I really think that a servant of the public should be able to be
considered in a public setting, after all, all of us are determined or evaluated by the public.
I'm not sure why there's a big desire to want to go to a closed session to determine who the next public
servant is going to be. I'd prefer that we don't go into closed session. It's not just a matter of determining
an agenda today or two weeks from now, but it's actually considering a part of the process of a public
process or a closed process. I really don't think that we're doing the public justice by selecting a public
servant in a closed session. The individuals' names are out there, it's not like this is a job interview. This
is for a Council position and I could be willing to compromise with the selecting of just a few names and
submitting those with the closed session not being considered as part of the process. Thank you.
Mayor Burk: Mr. Martinez, you did not speak. Did you want to say anything?
Vice Mayor Martinez: I'll agree with almost any process to select the Town Council, but I also believe
that we should do it an open session, not in a closed session.
Mayor Burk: Okay, so everybody's had their chance to speak, but I'm going to go back to the resolution
and then we're going to go through different components to it. The first one is the Town Council will
notify the Clerk of the court in writing of their top five candidates in order of preference by, I don't know
what that means by, or you want a date there?
Martin Crim: A date.
Mayor Burk: Okay.
Council Member Steinberg: I think Tuesday the 21 st.
Mayor Burk: Tuesday the 21 st? Do we have four? I'm going to ask for individual votes on those if that's
alright with everybody.
Kaj Dentler: It would be easier for us staff if you can get it to us sooner because the packet goes out
close of business the 22nd, that Wednesday. If you could get it to us maybe close of business that
Monday, what's, it's the 20th? That would be helpful with that. No? Eileen, what's going to work for you?
Because you're going to be the one going to get it, you got to tally it up.
Eileen Boeing: I have to admit the Clerk of Council is out of the office next week, so ideally, close of
business would be Friday, but I can certainly check in on emails and compile whatever Council desires.
Mayor Burk: Close of business Friday? We've had them off.
Page 141 July 14, 2020
Kaj Dentler: If you can do it but close of business next Friday, that'd be great, we'll take care of it.
Eileen Boeing: This Friday.
Council Members: This Friday.
Eileen Boeing: This Friday.
Kaj Dentler: This Friday.
Mayor Burk: So this Friday, July 14th?
Eileen Boeing: 17th, ma'am.
Mayor Burk: 17th. All right, do we have four people? All in favor say aye.
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Dunn: Nay.
Mayor Burk: All right, so that's five, one, so we will put in July 17th in that one. The second one is
whichever candidates receive at least four votes will be discussed in closed session by Town Council.
I'm going to break that, I'm going to divide that up, do we have four people that want to have it in a
closed session? If you are interested in doing it in a closed session, please indicate by saying aye.
Council Member Campbell: Aye.
Mayor Burk: One. Anybody else? Opposed?
Council Member Steinberg: Nay.
Council Member Dunn: Nay.
Mayor Burk: All right, so that would be one, five. Now that would read whenever candidates receive at
least four votes will be discussed by Town Council on July 28th. Is that what you were intending in the
next business meeting? The next business meeting which would be July 28th. All indicate by saying
aye if you agree with that.
Council Members: Aye.
Mayor Burk: Yes, sir? Could you take your mask down because we can't hear you?
Vice Mayor Martinez: I see. I was under the assumption that once we made five picks, we have a list
of those people, we just vote on it. We don't discuss them because discussion is totally different to me
than voting. I'm willing to go either way, but I would rather just vote on the 28th instead of discussing.
Mayor Burk: Would you accept that as a friendly amendment to discard the word "discuss" and put
"vote?"
Council Member Steinberg: That's fine. I assume it has to be in the form of a motion, correct? In which
case, any motion allows for discussion, does it not? Okay. Yes?
Mayor Burk: All right. Then you're okay leaving it as discussed?
Vice Mayor Martinez: Say that again?
Mayor Burk: Are you okay if we leave it as discussed because it does have to be a motion?
Page 15I July 14, 2020
Vice Mayor Martinez: Yes.
Mayor Burk: Okay. We will do this --
Council Member Dunn: Pardon me, an inquiry.
Mayor Burk: Pardon me?
Council Member Dunn: Madam Mayor?
Mayor Burk: Yes?
Council Member Dunn: An inquiry.
Mayor Burk: Yes.
Council Member Dunn: Do we have the notice requirements that we may need to meet in that? We
are obviously going to discuss this, but to Martin's point, if we're going to discuss it, should we add in
at least the wording "possible vote" should we decide not to vote that night or vote that night? Do we
have any disclosure issues to the public that we may actually be voting on to these people that night
rather than just discussing?
Mayor Burk: You would like to add the word whichever possible candidate receives at least four votes?
Council Member Dunn: I think the wording would be, I need to put my glasses on, "discussed" and
"possible vote by Town Council."
Mayor Burk: Possible vote. Do you have a problem with that?
Council Member Steinberg: I do not.
Mayor Burk: Okay. We'll accept that, he'll accept that as a friendly amendment. Who is the seconder?
Do you accept that also Mr.-- Okay. All right. I'm going to ask for a vote on this. All those in favor,
indicate by saying aye.
Council Member Steinberg: Aye.
Council Member Dunn: Aye.
Mayor Burk: Opposed? That's six, zero. All right. We got those taken care of. That takes care of the
motion in itself because we've agreed. Do I need to vote on the whole motion?
Martin Crim: Yes.
Mayor Burk: Okay. Now, the whole motion that Mr. Steinberg has put forward-- let's see where I can
find this correct wording. The Council Members will notify the Clerk of the court in writing of their top
five candidates --and I just lost it again. I don't know what's going on here, but I keep losing my top five
candidates and that--
Kaj Dentler: By close of business, Friday, July 17th.
Mayor Burk: Close of business, the 17th. All right. Any questions on that? All in favor, indicate by
saying aye.
Council Member Fox: Aye.
Council Member Steinberg: Aye.
Mayor Burk: Opposed? Okay. Mr. Dunn?
Page 161 July 14, 2020
Council Member Dunn: That was an aye.
Mayor Burk: Okay. That passes six, zero. We have a process in place for the selection of replacement
of the seat here on the Town Council. All right. That takes us to the CARES Act.
Vice Mayor Martinez: So moved.
Mayor Burk: [chuckles] Moved by Vice Mayor Martinez. CARES Act, approval of the memorandum of
agreement with the Economic Development Authority of Loudoun County. Moved by Mr. Martinez.
Seconded?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. Any comments? Any questions, Ms. Fox?
Council Member Fox: Yes, just a quick question. I read in the report that the MOA agreement is going
to go to the County. When this info goes to the County, will they cross-reference to see if they have
given any funds to some of these businesses yet?
Mayor Burk: Mr. Markel, will you?
Martin Crim: I'm sorry, I couldn't understand that question.
Council Member Fox: The County has already dispersed some funds.
Keith Markel: Right. The MOA is really just allowing the County Economic Development Authority to
pay out the grant funds on the Town's behalf.
Council Member Fox: I get that.
Keith Markel: They will receive the list from us, and that list will be the list that the Town approves
sending those grants to. They will not do any verifications or checking against anything with the County.
That will be on the Town.
Council Member Fox: That will be on the Town. Okay.
Keith Markel: Our first priority is to those businesses who have not received County grant funds. If we
have additional funds, and it looks like we will, those funds will be able to go towards those who have
received County grants.
Council Member Fox: Okay. I had something on the last page. I made a note. Termination. Lets see.
The MOA may be terminated by the EDA or the Town. Upon termination, the EDA shall promptly return
to the Town any monies. I thought that was the other way around?
Keith Markel: If we were going to provide them the funds and they're going to be paying out to the
individual businesses, then if anything is terminated, if there's any money, it's probably just a catch-all
there that if they have funds that aren't spent or distributed out, that comes back to the Town, and then
we return those to the Loudoun County government because if we don't expend the funds by December
30, all of our CARES Act allocation goes back to Loudoun County.
Council Member Fox: Okay. It just feels like its reading differently in this resolution, in this MOA. I
could be reading it wrong, but it's the very last page.
Mayor Burk: The last page?
Council Member Fox: Page six. It says upon termination, the EDA shall promptly return to the Town
any monies from the fund that has not been distributed to grant recipients and complete the reporting.
To me, it says monies are coming back here. Although when we talked about this, you said anything
that's not dispersed the County gets back.
Page 171 July 14, 2020
Keith Markel: Right. It's an odd relationship. The County government has provided the Town our
allocation on the CARES Act funds. The grant that we will be providing to the small businesses will go
from the Town government to the Economic Development Authority. If, for whatever reason, they aren't
able to distribute all of the funds or if a business ceases to exist and that grant no longer is a viable
grant going to that business which may have gone out of business, that will stay with EDA. They will
return it back to the Town.
Council Member Fox: And then which Town --
Keith Markel: The Town will send it back to Loudon County now.
Council Member Fox: Got it. We're the middleman here. Okay, got it.
Keith Markel: Yes, it's a thing within the State Code that the Town isn't allowed to write a check directly
to a business. It has to go through a development authority.
Council Member Fox: Thanks for that clarification.
Keith Markel: Sure thing.
Mayor Burk: All right. Anyone else have any questions?
Vice Mayor Martinez: If I may ask a question.
Mayor Burk: Yes, Mr. Martinez?
Vice Mayor Martinez: Yes. On the money that they turn back, is there a deadline? In other words, can
we ask them, if they haven't dispersed the funds by December 1st, to give it back to us so that we may
be able to find a way to use it?
Keith Markel: I don't know if that's specific in the --
Martin Crim: It's not specifically covered, but certainly, if they are having trouble finding enough grant
recipients to take the money, we could ask for it back. I expect that they would be cooperative with us.
Then, we could, for example, distribute it through a Chamber of Commerce or other permitted recipient.
Vice Mayor Martinez: I just want to make sure that when we have the money, that we disperse it and
not depend on another organization to take care of it. There might be options we can use it.
Keith Markel: They're just serving on the Town's behalf so they will get the list from the Town, they will
distribute based on that list, and it's in their interest as well as ours if they can't keep that list, they want
to get rid of it back out again.
Vice Mayor Martinez: Understood.
Mayor Burk: All right. Mr. Campbell?
Council Member Campbell: Yes. That was my point of clarification, that the EDA doesn't find its own
grant recipients to distribute our money. They are in their own process.
Keith Markel: Correct.
Council Member Campbell: Do we have any idea since our process, and this may be premature,
ended last night? Do we have any idea of the numbers?
Keith Markel: I can tell you, the applications that we have received, there were 269 applications. Now,
our staff is now going through those applications to make sure they're accurate, complete, that there
aren't any-- and we anticipate a few probably were filled out in error or may not qualify. That's not the
final number, most likely, but that gives you an idea of what we're looking at.
Page 181 July 14, 2020
Council Member Campbell: Thank you.
Mayor Burk: Anyone else at this point? Okay. Then, I'll call for the vote. All in favor of the approval of
the Memorandum of Agreement with the Economic Development Authority of Loudoun County, indicate
by saying aye.
Council Member Campbell: Aye.
Council Member Dunn: Aye.
Mayor Burk: That's five, zero, one, with Mr. Martinez not in the room at this point. All right. The next
one, I assume Council Member Fox would like to move this one to approve the recognizing the
Ampersand Pantry Project proclamation to be proclaimed at the July 14th, 2020 Town Council meeting.
Martin Crim: 28th. July 28.
Mayor Burk: 28th? Okay. Council Member Fox moves it, seconded by Council Member Campbell. Any
discussion on this one? All in favor, indicate by saying aye.
Council Member Campbell: Aye.
Council Member Fox: Aye.
Mayor Burk: Opposed. That's five, zero, one.
Council Member Dunn: Abstain.
Mayor Burk: Four, zero, one, one. All right. This takes us to our public hearing. The next item on the
agenda is the receipt of bids and a public hearing for the grounds lease agreement granting the
exclusive right and privilege to lease for a period of 20 years, a maximum of 2,500 square feet of vacant
land owned by the Town of Leesburg and located adjacent to the existing fuel tank farm on the Leesburg
Executive Airport, Leesburg, Virginia, for the construction and operation of one or two above ground
aviation fuel tanks. The Town has duly advertised this lease as required by law. Two bids have been
received. Does anyone else wish to submit a bid for this lease? If so, bring it forward at this time.
Martin Crim: You need to give a summary of those bids. You need to give the names of the individuals
who submitted bids.
Mayor Burk: I am doing that now. All right. This is an IFB submission form for Kuhn Jet Center LLC.
This is to-- okay, this is the tablet --
Martin Crim: Just the names is sufficient, Madam Mayor.
Mayor Burk: Okay. All right. That's all. That's the first one. The second one of the IFB submission form
is ProJet Aviation LLC. All right. That's enough? That's as much as I need to summarize?
Martin Crim: Yes. Thank you.
Mayor Burk: There being no more bids, I now declare the bidding closed. Mr. Coffman? Where-- Oh,
there you are [laughs]. Right there. Here.
Scott Coffman: Good evening, Madam Mayor and members of the Council and those remotely.
Mayor Burk: I was going to give these to you first.
Scott Coffman: Sure.
Mayor Burk: Then, let me continue on explaining what we have to do, and then you speak. Okay? I'm
now providing the bids to Mr. Coffman. I will now open the public hearing for the ground lease agreement
Page 191 July 14, 2020
granting the exclusive right and privilege to lease for a period of 20 years, a maximum of 2,500 square
feet of vacant land owned by the Town of Leesburg and located adjacent to the existing fuel tank farm
on Leesburg Executive Airport, Leesburg, Virginia, for construction and operation of one or two above
ground aviation fuel tanks.
I called to order this July 14th 2020 public hearing of the Leesburg Town Council. Unless there's an
objection, I will dispense with the reading of the advertisement. If you wish to speak, we ask that you
sign up on the sheet in the hallway outside the Council Chamber, but if you did not get the opportunity
to sign up, we will give you an opportunity to speak.
We will also provide an opportunity for remote public participation for callers on the phone or WebEx.
In all cases, please identify yourself, and if comfortable, give your address for the tape to record, but
please spell your name for closed captioning. In the interest of fairness, we also ask that you observe
the five-minute time limit. Those participating in -person and by WebEx, the green light in front of you
will turn yellow at the end of four minutes, indicating that you have one minute remaining. At that time,
we would appreciate you summing up and yielding the floor when the bell indicates that your time has
expired.
For those participating on phone, you will hear a bell when your time is expired. Under the rules of order
adopted by this Council, the five-minute time limit applies to all. However, rather than have numerous
citizens present remarks on behalf of a group, if any speaker is representing the group, the Council will
allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers when
they sign up to indicate their status as spokesperson, the group they represent, and their request for
additional time.
Our procedure for the public hearing will be, it will be a brief presentation from staff about the item
before us, then members of the public who have signed up to speak will be called and given their five
minutes. Then, following the public comment, the public hearing will remain open to allow staff and the
Airport Commission to review the bids received and make recommendations to Council at the August
11th, 2020 Council meetings. The public hearing item on the agenda tonight is for the Airport Aviation
fuel tank site. Now, Mr. Coffman.
Scott Coffman: Thank you. Thank you, Madam Mayor, and Members of the Council. Tonight, we have
put out an invitation for bid to lease an aviation fuel tank site which is located at the Airport central fuel
tank farm, if you will. There are currently two other fuel tank tenants at the farm. One is ProJet Aviation.
The other one is Leesburg Hangar LLC which is a hangar owner at the airport.
The airport requires that any fuel, any bulk fuels be stored in above ground tanks at the Airport central
fuel farm. Recently, an existing Airport tenant, SK Aviation, requested to lease land from the Town in
which to install a fuel tank facility. They have also applied to conduct retail fuel sales as a fixed base
operator. In accordance with the State Code, the Town advertised this invitation for bids.
We offered a land lease of up to 2,500 square feet. The goal is to keep the size, footprint, as small as
possible. We don't want to lease land that could be used for other purposes in the future, so only what
they need, up to 2,500 square feet to serve their needs. The lease is offered to not only commercial
businesses such as a fixed base operator that sells fuel but also any non-commercial aircraft owners
that want to refuel their own airplanes.
The site is located at the airport central fuel farm. If you're not really familiar with the layout, it's on the
southern end of the airport right off the Sycolin Road, and you can see Sycolin Road on the right and
the taxiway on the left. It's right there in a convenient location. The site is highlighted in red. It's
immediately adjacent to the other leasehold tanks at the farm. The road is common use and shared
between everybody that uses it.
Just a few pictures so you know what we're looking at. It is unimproved land. There are no former
structures or utilities serving the site at this time, so it would be a green new build. We offered the lease
of up to 2,500 square feet at a term of 20 years. The awarded bidder should be building one or two
tanks, a minimum size of 12,000 gallons. The minimum bid lease rate that was advertised is 060 per
square foot per year, and that adjusts annually for consumer price index and so forth.
Page 201 July 14, 2020
The land lease rate is probably a small part of what actually would benefit the Town, which is more the
fuel flow fees. Flow fees are charged by the Town to all customers on the Airport. It's currently at ¢5 per
gallon. As there's more fuel and more volume on the Airport, their revenues will come into the Airport in
the Town. The awarded bidder, there's no cost to the Town that they're doing this. We're putting the
land out for bid.
It's up to the awarded bidder to conduct the design work, construction, and then operate and maintain
the facility over the life of the facility. The awarded bidder will have to meet all environmental
requirements in NFPA, the National Fire Protection code, as well as the Airport's own rules, regulations,
and minimum standards. As the Mayor mentioned, once bids are received today, they'll be reviewed by
the Town's Procurement Officer, Town staff, and the Airport Commission to bring back a
recommendation at a future Council meeting scheduled for August 11. Do you have any questions?
Mayor Burk: All right. Thank you. Does anyone have any questions at this point? Ms. Fox.
Council Member Fox: Two questions. Who owns the other tanks again? I know you said who they do,
but the existing tanks?
Scott Coffman: Two of the tanks are currently ProJet Aviation, and the third tank is Leesburg Hangar
LLC, which is actually operated by ProJet.
Council Member Fox: Okay. What happens at the end of this 20-year lease term to the tanks? I'm
assuming they'll be aged and they may not be working. What happens?
Scott Coffman: I considered that initially. Usually, with a hangar lease, we asked that the
improvements, the structures or tanks built on the airport, revert back to the Town, but in this case, I
don't think the Town would want to own 20-year-old fuel tanks and the liabilities that come with that. We
would ask that the improvements are removed at the end of the --
Council Member Fox: Totally removed back to almost its natural state here?
Scott Coffman: Usually tanks are like skid -mounted standalone units, so maybe the concrete stays but
the tank leaves.
Council Member Fox: Okay. Thanks.
Mayor Burk: Mr. Campbell.
Council Member Campbell: Yes, just two questions. One, I believe we're doing this also because it
could be a good competitive process on fuel cost at the Airport.
Scott Coffman: I can just say that --
Council Member Campbell: I'm just saying overall.
Scott Coffman: Kuhn Jet Center has applied for a fixed base operator license, which is commercial
fuel sales, aircraft maintenance, and aircraft storage.
Council Member Campbell: All right. I know there's evaluation points or basis of the award, but I don't
know if you want to share all of them now or just give us a clue as to how these bids are going to be
evaluated.
Scott Coffman: It's a better question for Octavia, the Procurement Officer. Typically, an invitation for
bid is we're looking at the bid price first. The State Code says that we can reject it if there's a reasonable
cause to do so, and then you could go to a lower bid.
Council Member Campbell: All right. Thank you.
Scott Coffman: Sorry, that sounded wrong.
Page 211 July 14, 2020
Mayor Burk: Is there anyone else who has any questions? Mr. Martinez?
Vice Mayor Martinez: What provisions are there in the lease agreement to extend the lease? Say it's
a 20-year lease --
Mayor Burk: Mr. Martinez, we can't hear you.
Vice Mayor Martinez: All right. Let me start over again. Are there any provisions to extend the lease
somewhere during that 20-year time period if the person who won the lease wants to extend it past 20
years?
Scott Coffman: Currently, it's only offered as a 20-year lease. There are no extension periods as
offered. It doesn't mean that the Town couldn't decide to extend the lease. It's if they have a good tenant
that's had a good-- I won't say extend because Martin will probably correct me, but it would be to do
another lease at the end of the 20 years. Currently, it's a 20-year lease as advertised. That length of
term was recommended. There's an Airport's Council research program that has leasing guidance
documents. That's how we determined that.
Mayor Burk: Anyone else have questions at this point? Mr. Dunn, Mr. Steinberg? No? All right. Now,
we will hear from the public. We have three people who are signed up to speak. The first person we
have is Scott Kuhn. You're on, Scott.
Chuck Kuhn: Mayor Burk, nice to see you. Council Members, I want to thank you. I'm speaking on
behalf of myself, Chuck Kuhn, and my son who is here, Scott Kuhn. We'd really like to thank you. We'd
like to thank the Airport Commission and Scott Coffman for the efforts put forth to get this bid in front of
you. It may seem like a very simple bid to you all, but if you're an aircraft owner at Leesburg Airport or
if you travel in and out at Leesburg Airport, this is a major stepping stone to fixing a seven-year problem
we've had at Leesburg Airport.
Leesburg Airport, as you may or might not know, has one gas station. If you can imagine the Town of
Leesburg having one gas station, think what the price at that one gas station would be. Think how
dependent and reliant you'd be on the service of that one gas station and how over a barrel you would
be with fuel pricing if there was no competition for fuel in the Town of Leesburg. As an aircraft owner
that's based out of Leesburg Airport, that is what we have faced and been challenged with for seven
years.
If you pick up the telephone tonight or tomorrow and you call Manassas Airport, you call Winchester
Airport, and just ask them, "What is the retail price of your jet fuel? What is the retail price of your
avgas?" Then, call ProJet, the sole provider at Leesburg Airport today, and ask the same question. I
did that today. I called as a retail person. I didn't use my name or say why I was calling.
When I called around for jet fuel today, the price difference between what I found at the home base
where we are in our Town here, Leesburg, and Winchester, and Manassas Airport was a $2 a gallon
difference. Can you imagine if you went to a gas station in Chantilly, and you came out to Leesburg,
and you're paying $2 a gallon more for gas? That's what's happening today in Leesburg. That was for
jet fuel. For avgas, when I called today, it was $1.30 more per gallon.
If you look at the facts, and I have your own reports here with me tonight, if you look at the facts of
Leesburg Airport, in 2012, Leesburg Airport was pumping 765,000 gallons of fuel annually. If you look
at 2013, 2014, 2015, 2016, 2017, 2018, there's no change. If you look at the report I have from Leesburg
Airport, your files in 2018, 762,000 gallons, 3,000 gallons less than seven years ago. People are leaving
your airport, our airport, and flying to Winchester, flying to Manassas, flying to other airports to buy fuel
because they're being gouged, in my opinion, at Leesburg Airport.
The good news is this, this bid is out. As you all know, Leesburg participated in the FAA grant assurance
program to get federal funding for the airport, so there's minimum standards that we're being held to at
Leesburg Airport now. This bid will come out the day we'll win or lose this bid. The good news is, under
the FAA program, if we're not successful, there has to be a new bid put out for ground. That's my
understanding.
Page 221 July 14, 2020
Tomorrow, in front of the Airport Commission, we have an FPO application which means we're applying
to start a new gas station essentially at Leesburg Airport. Assuming that is granted and we get our fuel
add to put a fuel tank, we will finally, after seven years, bring competition into Leesburg Airport. Again,
Mayor Burk, Town Council Members, thank you very much for letting this happen. It has been well
needed. Thank you.
Mayor Burk: Thank you. Thank you, Mr. Kuhn. The next speaker is Shye Gilad.
Shye Gilad: Thank you, Members of Council, Mayor Burk. It's difficult to be characterized as a fuel
gouger. I should mention that Mr. Kuhn himself was based at Dulles for many years. The reason he
was attracted to come to our Airport was largely due to the fuel pricing that we have offered him as we
do for all volume users and all volume discounts. Our Airport, we have been responsible for growing
that Airport. The limitations have been really the space to grow.
If you look at the operations there, if you look at the available hangar space, there was one pad available
for expansion. Mr. Kuhn was able to bid on that pad which is excellent. We welcome competition. We
negotiated directly with Mr. Kuhn. In fact, I put Mr. Kuhn on the phone directly with our fuel supplier and
disclosed all of our direct pricing, and offered to pump gas into his airplane for a very marginal fee which
I know is competitive because our fuel supplier sells to 160 FPOs across the country.
Mr. Kuhn didn't want to do that and clearly wanted to go into competition with us, which is his right.
What we're proposing to do is this self -fueling is part of the FAA grant assurance that Mr. Kuhn brought
up earlier. Under self -fueling, any aircraft owner has the right to fuel at any airport that receives money
from the FAA. One of the challenges for expansion at Leesburg and to provide people that right is the
limited space for storage tanks.
As part of the bid that we have put in, we are creating more capacity which we want to make available,
and we want to make that capacity available for people like Mr. Kuhn and others that would like to sell
fuel at the Airport. That's our intent. In addition to growing our business which has been at the Airport
now, I've been a partner of the Town for more than 10 years. We believe that we've done an excellent
job at the field and our pricing is extremely competitive. To try to characterize it like people are going
somewhere else, I just don't think the data actually backs that up, and we have plenty of data of our
own. Thank you.
Mayor Burk: Thank you. Thank you, Mr. Gilad. Is there anyone else who did not sign up that would like
to speak at this point? You've already spoken [laughs]. At this point, unless your son wants to speak --
All right. Then, at this point, I won't close the hearing.
Eileen Boeing: We may have callers.
Mayor Burk: Oh, of callers? I'm sorry.
Eileen Boeing: She will have to let you know.
Mayor Burk: Oh, okay. I'm sorry. Do we have anybody participating remotely?
Corina Alvarez: Madam Mayor, there is one member of the public who has joined this evening's
meeting. Mr. Christoph, I am going to unmute you to allow you to speak. When I unmute you, you will
hear a tone and that will be your signal to make your remarks. You will have five minutes.
Eric Christoph: Oh, hi. Sorry, Council Members. I was just dialing in to catch up on the notes and listen
in. I have no comments.
Mayor Burk: Oh. All right. Thank you. If there's no one else who would like to speak, then we will not
close the meeting today, we will extend it to August 11th. This will allow staff time to review the bids
and allow them to make recommendations for the public hearing. It will remain open and reconvene on
August 11th, 2020. Thank you, gentlemen. I appreciate your coming today and being interested in the
Airport. Thank you.
Scott Coffman: Thank you all.
Page 231 July 14, 2020
Mayor Burk: All right. Council disclosures and comments. Mr. Dunn?
Council Member Dunn: Yes. One disclosure-- I don't have the form, but I'm not sure if I have to have
the form to make it official or not. I did have one conversation with Mr. Doug Skinner related to our
procurement process that was done by email. I also referred him that it seemed like he may have some
questions or concerns about the process, and I referred him to the Town Manager for more information
and probably a better knowledge on law on that process.
I wanted to offer up a few items for consideration at future Council meetings for discussion. The first
one is to see if we are able to request that the next development application that comes into Town, that
the applicant provide street names that reflect the heroes of our civil rights in this country, and African
Americans of note in this country if we have the ability to request that. I'd like to hear a discussion on
that.
Mayor Burk: Are there four people that are interested in having applicants that come before us as part
of their application process have to identify the streets as African American names and heroes of the
civil rights movement?
Council Member Dunn: All right. Here are the civil rights movement and other heroes of African
American history in the US.
Mayor Burk: Are there four people that would be interested in that? Okay.
Council Member Campbell: Excuse me. I guess I'm just lacking clarification as to what the intent is.
Mayor Burk: What is your intention on this?
Council Member Dunn: That would be a good thing to discuss at a work session. I didn't know we had
to disclose them.
Mayor Burk: No, you don't. He just asked --
Council Member Dunn: I guess the intention is to name streets in honor of African Americans of note
in this country. I would hope that would be intention enough.
Mayor Burk: Are there four people that would like to have that discussion? Mr. Martinez and Mr. Dunn,
opposed. No, you don't have four votes. That one fails.
Council Member Dunn: Okay. The other one is a discussion. The Board of Supervisors offered up
funding, I believe for the NAACP to be able to erect a monument on the courthouse grounds. I would
like to have a discussion that the Town to be able to contribute funds towards that effort.
Mayor Burk: I'm not aware of that. I don't think that's correct information. Am I mistaken, Mr. Dentler?
Do you know of any?
Kaj Dentler: I'm not aware that that's a current conversation. We haven't been approached about it. I
don't have any information.
Mayor Burk: I think that's premature because we don't know that it's actual information. I'll rule that one
out of order.
Council Member Dunn: It's not a matter of being an order. It's just a request to have a discussion on
it. Let me then rephrase it. I'll rephrase it then, that the Town offer funding for a monument to be put up
for the NAACP's request on should it be towards a courthouse monument or one that they would like to
put up on a Town -owned property?
Mayor Burk: I'm not sure that the NAACP is interested-- Is that a request from the NAACP to have a
monument put up on the courthouse grounds?
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Council Member Dunn: Madam Mayor, point of order.
Mayor Burk: [crosstalk] Okay, I'm going to ask Mr. Dunn. I am going to ask for four votes on this.
Council Member Dunn: The issue is [crosstalk]-- Madam Mayor, this is my time to speak. Thank you.
Mayor Burk: Do we have four votes that are interested in doing this? No, I'm afraid that failed. Okay,
Mr. Steinberg?
Council Member Dunn: I think I still have time to speak, Madam Mayor.
Mayor Burk: You have two --
Council Member Dunn: Mr. Steinberg [unintelligible 01:32:28] me.
Mayor Burk: You have 2 minutes, 2 minutes and 40 seconds.
Council Member Dunn: Thank you. I wanted to confirm that the, and if it's not the case, that the Town
staff has Juneteenth off as a regular holiday, that the Town Council directs that to be a regular holiday
for Town staff.
Mayor Burk: You are asking for the Town staff for this Juneteenth to be a holiday? That's a work
session discussion. Are there four people that are interested in having that discussion? All right. Mr.
Martinez, yes, that can go forward to our discussion.
Council Member Dunn: I would also like to find out if the-- have a discussion that if staff is able to
locate a street in the Town that would be acceptable to offer a Black Lives Matter mural painted on it.
Mayor Burk: Is there a discussion on-- Are there four people that would like to have a discussion on
painting on one of the Town streets, painting a Black Lives Matter wording on the street? All in favor of
that? Mr. Campbell and Mr. Dunn, so that doesn't-- Mr. Steinberg, that doesn't move forward. I guess it
does move forward.
Council Member Dunn: Okay.
Mayor Burk: Wait a minute. I'm wrong. Excuse me, Mr. Dunn, I was mistaken. If Mr. Campbell, Mr.
Steinberg, Mr. Martinez, and you want to discuss it, it can move forward for discussion.
Council Member Dunn: You're saying that that did go forward?
Mayor Burk: It did go forward.
Council Member Dunn: Okay. Also —I thought I heard somebody say something. Also, to look into the
possibility of having the NAACP have more representation on a regular basis at our Council meetings.
Mayor Burk: You need to clarify that. What do you mean by regular representation at your Council
meetings?
Council Member Dunn: If they would like to have a member to regularly attend our meeting and be
able to partake in our meeting and our discussions without having to be considered as a member of the
public [unintelligible 01:35:01] session?
Mayor Burk: Do we want to have a discussion on allowing the NAACP to have a special status and be
allowed to participate in the Town Council meetings? Indicate by-- All right, four are people interested
in that? That does not pass.
Council Member Dunn: Last one is, I will consider seeing if it's still possible to bring forward a
discussion about Westpark and the funding of the park provided under the sole provision that the park
should it go forward, that it has the name of Black Lives Matters Park.
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Mayor Burk: What? I'm not sure what you're talking about.
Council Member Dunn: You're familiar with Westpark, correct?
Mayor Burk: Oh, you are talking about you would like a discussion on changing if the Town were to
take the name?
Council Member Dunn: If the Town were to be able to acquire Westpark, and if we should decide to
fund it, that it be titled Black Lives Matters Park.
Mayor Burk: Do we want to have a discussion on that?
Council Member Steinberg: A point of information. Is Mr. Dunn suggesting that we're going to reopen
considering-- we're actually going to have the discussion to consider purchasing the park, or is this only
to offer the name should that ever occur?
Mayor Burk: Are you --
Council Member Dunn: I would consider offering the funding for that and changing my vote to that
provided that the park is named Black Lives Matters Park. Should that not be what the Council wants,
then I would not be willing to bring up that discussion.
Mayor Burk: All right. Are there four people that would be interested in having that discussion? That
does not pass either.
Council Member Dunn: Okay. That's all I have. Thank you.
Mayor Burk: Thank you. Mr. Steinberg?
Council Member Steinberg: One disclosure. I had a meeting with John Cook at the Rock Spring Farm.
We discussed his plans for his bottling plant. That's all I have. Thank you.
Mayor Burk: Ms. Fox?
Council Member Fox: Sorry, no disclosures. I would like to bring forth one thing, maybe a staff memo
on the progress at the West Market Street sidewalk improvement. I've got some concerns just from
what I see on a daily basis. I just wanted to see where we are and why we might be at a little bit of a
standstill. Thanks.
Mayor Burk: All right. Are there --
Council Member Fox: Just a memo is fine if there's four votes for it.
Mayor Burk: Are there four votes for that? Do you have that?
Council Member Fox: I don't know.
Mayor Burk: Mr. Campbell, Mr. Steinberg, Mr. Martinez, myself. Okay, you got it. Is that it? Okay. Mr.
Campbell?
Council Member Campbell: I have one disclosure. I did have a WebEx conversation with Town staff
and Mr. Cook on yesterday, Monday, discussing the spring property and potential proposal for the
Town. ► want to just, for a couple of moments, talk about the community conversations that are coming
our way and need to come our way, whether it's concerning police, a citizen involvement, the times that
we live in, the CARES Act funding, our nonprofits, our faith organizations, our structure of our
relationship as a Town to the County. All these require more transparency than ever before.
Without question, people are going to feel judged or criticized or somehow supported or not supported.
The conversations need to be had. The extremes that we see in our politics and in our world today
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about resolutions or solutions are happening without the proper level of discourse and dialogue, and I
dare say even here. If we don't get down to the business of discussing whether it's being willing to
discuss who comes on this Council as a temporary appointment and is not just getting four votes, and
having the conversation about what's best for this Town, listening to each other as well as to the citizens,
we're in for some rough days ahead.
We have serious and important work to do, whether it's the appointment of a new Town Attorney or
looking at the fiscal situations that we're in as a result of COVID-19 and caring for this community and
our businesses. It can't be done at the way it's being done today. I hope that we're asking for more
conversation that's meaningful and not less as we proceed.
Mayor Burk: Okay. Mr. Martinez?
Vice Mayor Martinez: It's something I want to ask the Town Manager to look at. When we dedicated
Lassiter Lane to Mutt, one of the only things he asked of us was to maintain a piece of property by his
building for flowers and such, and apparently, it doesn't look very well. I would just ask the Town
Manager if you can get a staff to look into that and make some improvements because I believe that
that part was given to the Town. It's now the Town's responsibility. I'd like them to do that for him and
his wife.
Mayor Burk: Are there four people that are willing to ask the Town Manager to look into the promise
that we made to Mr. Lassiter to maintain that little strip of space by his building? Ms. Fox, Mr. Steinberg,
myself, and Mr.-- Okay.
Vice Mayor Martinez: Thank you. I appreciate being on Town Council and moving forward on a lot of
different things, and I want to thank you.
Mayor Burk: All right, thank you. I have a couple of things here. On June 25th, I attended the Northern
Virginia Regional Commission. I have to commend this Commission for bringing all the leaders in
Northern Virginia together. We have been dealing directly with the Governor and the Governor's office
on different issues and different information. One of the things I've found frustrating is that we can't get
the specifics of Leesburg in the COVID numbers.
That's one of the things that some of the other Towns are requesting also. That will be something that
we will be talking about in the future, that we can get specific numbers of how many Leesburg residents
are impacted by it, how many Leesburg residents have it, how many Leesburg residents have passed
away, in that regard. I also participated with Chair Randall in the NVTA call concerning completion of
the project on Route 15, the overpasses, to get some additional funding for that. I think we were
successful in making that happen.
On July 1st, I joined COPA and Parks and Rec in awarding three different houses, their decorations for
the 4th of July. We had to think of things differently. We asked the public to decorate their houses. Let
me tell you, these people decorated their houses. Oh my gosh. It was just unbelievable how much
dedication they put into it. It was great. The parade with the fire truck was great fun.
I think many of us participated, and I appreciate them. Again, trying to do something a little bit different.
I also want to commend again the Ampersand Project. They are now at 24,000 meals that they have
provided. They are looking at at least two more months. They're looking at different ways of funding
and trying to fund that, make that happen. On July 7th, I attended the Visit Loudoun reopening.
If you haven't had a chance to go see it, you should go see it because the bottom floor is a Leesburg
floor, a good portion of it. It looks really nice. They've got new stands. They have all the pamphlets and
all the information of Leesburg, and they've got interactive stuff going on. It's really a really good
opportunity to promote Leesburg. I want to thank Visit Loudoun for doing that. On July 8th, the Coalition
of Loudoun Towns, the Mayors all met, and Kristen Umstattd joined us.
We talked about some zoning issues that were impacting the west, but it would also have impact on the
outside of Leesburg. We're working on bringing that forward to get some information from the board of
supervisors. Leegate, I did meet with Molly Novotny and Mr. Truett. In regards to Leegate, their phasing
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is coming into place, and they're concerned that they have to do commercial and retail. We talked about
what could they do there.
We talked about flex industrial as being a component to the commercial aspect because they can't
begin their second section until they do the commercial. I was very proud of them for not asking to have
a dispensation from doing the commercial. They did want to get a little more time to it. I didn't quite
agree with that, but they are looking at changing to flex industrial aspect, and that would be very good
for them and for us also.
Today, I was appointed by the VML to the local government recovery task force. We had a meeting with
the policy director, Ms. Dozer, who talked to us about what the Governor was going to talk about. She
talked about the fact that they're trying to get money from the Federal government to cover the cost of
localities, not getting any funding from our tax base. We had a long discussion on that one.
Of course, we talked about schools opening and what that is going to entail. I don't think there's a
location anywhere. Definitely, not in Virginia, but 1 don't know if there's any place in the United States
that isn't just totally befuddled about what to do about the schools and what we are going to do. Even
in Loudoun County, there's continued discussion on what the opening of the schools are going to look
like. That being it, Town Manager, do you have any comments?
Kaj Dentler: No.
Mayor Burk: No comments. Do I have a motion to adjourn?
Council Member Steinberg: So moved.
Mayor Burk: Second? Moved by Council Member Steinberg, seconded by Council Member Campbell.
All in favor?
Council Member Campbell: Aye.
Mayor Burk: Opposed? Is Mr. Dunn still with us? I'm going to say six zero.
Council Member Dunn: Yes. I'm getting out of here.
Mayor Burk: All right. Thank you. Everyone, be careful with the heat. It's hot out there [chuckles].
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