HomeMy Public PortalAbout2020_tcmin0922COUNCIL MEETING September 22, 2020
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, Town
Attorney Christopher Spera, Director of Public Works and Capital Projects Renee
LaFollette, Director of Human Resources Josh Didawick (via WebEx), Director of Plan
Review Bill Ackman, Deputy Director of Planning and Zoning Brian Boucher, Department
of Planning & Zoning Senior Planner Richard Klusek, and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Steinberg.
3. SALUTE TO THE FLAG was led by Council Member Fox.
4. ROLL CALL
a. Remote Participation
Vice Mayor Martinez and Council Member Dunn requested to electronically
participate in the September 22, 2020, Council Meeting due to the health and safety
concerns associated with the Coronavirus. Mayor Burk, Council Member
Campbell, Council Member Fox, and Council Member Steinberg were physically
present at the meeting.
MOTION 2020-220
On a motion by Council Member Fox, seconded by Council Member Campbell, the
following was proposed:
To allow Vice Mayor Martinez and Council Member Dunn to electronically
participate in the September 22, 2020, Council Meeting
The motion was approved by the following vote:
Aye: Campbell, Fox, Steinberg and Mayor Burk
Nay: None
Vote: 4-0-2 (Vice Mayor Martinez and Dunn absent)
5. MINUTES
a. Regular Session Minutes of September 8, 2020
MOTION 2020-221
On a motion by Council Member Fox, seconded by Council Member Campbell, the
minutes of the Regular Session of September 8, 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
6. ADOPTING THE MEETING AGENDA
Mayor Burk requested a suspension of the rules to add a Proclamation for
recognizing Ms. Opal Lee on September 24. Ms. Lee is scheduled to be in Town to bring
awareness to the Juneteenth holiday.
MOTION
On a motion by Mayor Burk, seconded by Council Member Fox, the following was proposed:
To suspend Council's Rules of Procedure to allow for a Proclamation for Ms. Opal Lee to be
added to the current agenda.
The motion failed by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Dunn
Vote: 5-1
A suspension of the rules must be unanimous.
On a motion by Council Member Fox, seconded by Council Member Steinberg, 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. PRESENTATION OF PROCLAMATIONS
a. None.
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
a. Mayor Burk reported that the VML Legislative Committee met and
said some of the highlights of that discussion were support for education funding,
storm water assistance, mental health crisis service funding, passage of the ERA,
and programs to bring solar to the towns and the counties. Mayor Burk noted that
there were more items on the agenda for the VML, which is on their web page, but
that the topics she listed were those that had a significant amount of discussion.
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Mayor Burk also reported on the Coalition of Loudoun Towns' (COLT) meeting
where the Mayors discussed asking the Board of Supervisors to allow the towns to
participate in the discussion regarding affordable housing.
11. PETITIONERS
The Petitioners section was opened at 7:07 p.m.
Tanja Thompson, 43708 Mahagony Run Court. Spoke to Council about the lack of
unanimous support to suspend the rules to allow for a proclamation to be presented to Ms.
Opal Lee during her visit to Leesburg on September 24 to support her efforts to make
Juneteenth a national holiday. Ms. Thompson appealed to Council Member Dunn to
change his vote and support the proclamation.
The Petitioners section was closed at 7:13 p.m.
12. APPROVAL OF THE CONSENT AGENDA
Council Member Campbell requested item 12.a. — Snow and Ice Removal
Services Contract Award be removed for discussion.
MOTION2020-222
On a motion by Council Member Fox, seconded by Council Member Steinberg, the
following Consent Agenda was proposed with item 12.a. — Snow and Ice Removal Services
Contract Award removed:
b. Sycolin Road Widening: Phase IV - Washington Gas Utility Relocation
Change Order Authorization
RESOLUTION2020-095
Sycolin Road Widening Phase IV Washington Gas Utility Relocation
Change Order Authorization
c. Juneteenth Town Holiday
RESOLUTION2020-096
Declaration of June 19 as a Town Holiday in Observance of the Juneteenth
Holiday
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
c. Snow and Ice Removal Services Contract Award
Ms. LaFollette provided Council with a brief historic overview of
costs associated with snow and ice removal in the Town including
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equipment, materials, use of contractors, staff and lodging needs. She noted
that there is typically a need for an annual supplemental appropriation to
cover the deficit between what is budgeted annually and the final costs. Ms.
LaFollette explained the contract was for 42 pieces of equipment for an
eight -hour event and was needed to assist with the additional roadways that
have been added.
Council discussed the budget process for funding snow removal and
how events are classified and counted as events.
MOTION2020-223
On a motion by Council Member Steinberg, seconded by Council Member
Campbell, the following was proposed:
RESOLUTION 2020-097
Awarding the Fiscal Year 2021 Snow and Ice Removal Services Contract to
Multiple Contractors in the Amount of $149,803
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. Liberty Street Mural
MOTION 2020-224
On a motion by Council Member Steinberg, seconded by Mayor Burk, the
following was proposed:
RESOLUTION2020-098
Approval of Liberty Street Art Mural
The motion was approved by the following vote:
Aye: Campbell, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Dunn
Vote: 4-1-1 (Fox abstain)
b. Illumination of Town Garage in Recognition of Childhood Cancer
Awareness
MOTION2020-225
On a motion by Council Member Fox, seconded by Council Member
Steinberg, the following was proposed:
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RESOLUTION 2020-099
Illumination of Town Parking Garage in Recognition of Childhood Cancer
Awareness
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. 2021 Legislative Agenda
MOTION2020-226
On a motion by Council Member Steinberg, seconded by Council Member
Campbell, the following was proposed:
RESOLUTION 2020-100
Adoption of the Legislative Agenda and Positions Statement for the 2021
Virginia General Assembly Legislative Session
Council considered the points that were put forward at the Work
Session for the Legislative Agenda and Positions Statement.
Term Limits — there was no consensus to move forward with adding this item
to the Legislative Agenda (Campbell, Dunn, Fox)
Qualified Immunity — there was no consensus to move forward with adding
this item to the Positions Statement (Dunn, Fox)
City Status — there was no consensus to move forward with adding this item
to the Legislative Agenda (Dunn, Fox)
Partisan Elections — there was no consensus to move forward with adding
this item to the Legislative Agenda (Dunn, Fox)
Limitation on the Governor's Emergency Power Declaration — there
was no consensus to add this item to the Legislative Agenda (Dunn, Fox)
Establishing Four Wards and Two Council Members At -Large as an
Election Representation Process in Leesburg — there was no consensus to add
this item to the Legislative Agenda (Dunn)
The motion was approved by the following vote:
Aye: Campbell, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 4-0-2 (Dunn, Fox abstain)
The Mayor called for votes in favor and four votes — Mr. Campbell,
Mr. Steinberg, Mr. Martinez and Ms. Burk — were audibly cast. The Mayor
did not call for nay votes or abstentions. The votes of Council Members Fox
and Dunn are reflected as abstentions, although they were not given the
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opportunity to differentiate between the two remaining options — abstaining
or voting nay.
d. Motion to Approve the Proclamation for National Disability
Employment Awareness Month (Sponsor: Vice Mayor Martinez)
MOTION2020-227
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed:
I move to approve the Proclamation for National Disability Employment Awareness
Month to be proclaimed at the October 6, 2020, Town 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 abstain)
e. Motion to Approve the Proclamation for Police Appreciation Day
(Sponsor: Mayor Burk)
MOTION2020-228
On a motion by Mayor Burk, seconded by Council Member Fox, the following
was proposed:
I move to approve the Proclamation for Police Appreciation Day to be proclaimed at
the October 6, 2020, Town 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 abstain)
14. PUBLIC HEARINGS
a. TLZM-2020-0001. McDavit Rezoning Application
The Public Hearing was opened at 7:32 p.m.
Mr. Klusek stated the rezoning application is for one single-family home.
The property is zoned as 0-1 and the applicant was requesting a rezoning to R-1.
The subject property is located on Old Waterford Road between the Town's pump
station and the existing USTCA office building. Mr. Klusek said the proposed home
is in proximity to other residential homes which staff felt was compatible with this
project.
Mr. Klusek said the property was rezoned in 1994 to allow for a 5,000 square
foot office development to be constructed by right on the subject property. Mr.
Klusek reviewed the proposed elevations for the home and staffs agreement with
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the needed buffer yard modifications due to existing power line easements and
drainage swales. Mr. Klusek said there were no outstanding issues with the
application and staff recommended approval.
Council asked questions regarding the buffers on the property and the buffer
yard modification and the feedback, if any, from the surrounding properties and
whether the US Eventing Center could also be redeveloped for residential use with a
rezoning application in the future.
Mr. Randall Minchew representing the applicant advised Council they were
waiving their opportunity to make a presentation. Mr. Minchew introduced Ms.
Sasha Brauer who was also working on the project.
Council discussed the speakers at the Planning Commission and if any
concerns discussed were unresolved and potential flooding issues or lack of issues
arising from this project.
Public Speakers:
There were no public speakers wishing to address this public hearing.
The Public Hearing was closed at 7:44 p.m.
MOTION 2020-229
On a motion by Council Member Fox, seconded by Council Member Steinberg, the
following was proposed:
I move to approve rezoning application TLZM-2020-0001 subject to the concept
development plan dated August 27h, 2020, and the proffers date is September 1st,
2020, based on the findings for approval contained in the September 22"d, 2020 Town
Council staff report.
ORDINANCE 2020-0-015
Approving TLZM-2020-0001, McDavit Zoning Map Amendment to Rezone 1.75
Acres from 0-1 General Office District to the R-1 Single Family Residential Zoning
District
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 6-0
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
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COUNCIL MEETING September 22, 2020
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Steinberg requested a Work Session discussion on the Town of
Vienna Town Manager's proposal for Liberty Amendments Day/Month. (It was the
consensus of Council to add this as a future Work Session agenda item — Fox, Campbell, Vice Mayor
Martinez, Steinberg and Mayor Burk.)
Council Member Campbell requested a Work Session discussion in regards to the
proposal by Mr. Mike McLister for new areas of growth in downtown Leesburg. (It was the
consensus of Council to add this as a future Work Session agenda item — Campbell, Dunn, Vice
Mayor Martinez, Steinberg and Mayor Burk)
Council Member Dunn shared his experience with brush removal as a Town
resident and said he was unaware of the 4' X 4' X 8' rule regarding the size allowed for the
brush pile. He said due to its size it took several attempts for staff to take it. Mr Dunn
noted that it took longer for the driver to fill out a form advising him what was wrong with
the small pile that was left than the ten seconds it took for his son to pick it up which
indicates to him that the Town is putting a lot of rules on residents regarding Town
services. Council Member Dunn spoke about the two proclamations approved at the
meeting where he abstained from voting. He noted that he promoted the Police
Appreciation Day several years ago and has a son with special needs yet he still abstained
from voting to approve both of these proclamations and has abstained on all proclamations
for about a year and a half ever since the proclamation controversies occurred. Mr Dunn
shared his thoughts on why he feels as though the proclamation process has become
political and self-serving and why he has chosen not to take part in the process even though
it may be for something he supports. Mr. Dunn also explained how he believed the
proclamation request could have been handled differently within the rules that would have
allowed it to be added to the current agenda.
Council Member Dunn left the meeting at 7:56 p.m.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed that she spoke with Ms. Donna Fortier with Mobile
Hope regarding their relocation to the old NOVEC site on Market Street. Mayor
Burk congratulated ION International Training and Skating Center for winning Best
Real Estate Deal in 2019 and the Peterson Company for nominating them. Mayor
Burk said she did a video for the 2021 VML Conference that will be held in
Leesburg. Mayor Burk participated in a ribbon cutting at Simpson Middle School
celebrating the installation of solar panels on their roof. She noted the panels will be
providing 75% of the school's energy needs. Mayor Burk said the 9/11 ceremony
was very moving. Mayor Burk invited Council to attend the ceremony on
Thursday at 1:30 p.m. on the Town Green welcoming Ms. Opal Lee to Leesburg.
Mayor Burk stated that there is a World War II flyover planned for Friday at 11:00
a.m. consisting of planes heading to Washington D.C. for an event celebrating the
75th anniversary.
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Mayor Burk requested an addition to a future meeting to discuss partnering
with Inova and other groups such as the Health Department, other local leaders, the
Chamber, and faith communities to join together in getting the flu shot to
demonstrate to the public how important it is to get the flu shot and how easy it is.
(It was the consensus of Council to add this item to a future meeting — Campbell, Vice Mayor
Martinez, Steinberg and Mayor Burk.)
Vice Mayor Martinez confirmed with Mr. Spera that with Council Member
Dunn no longer present at the meeting if Council could make a motion to suspend
the rules to vote to have approval of the proclamation for Ms. Opal Lee added to the
current meeting. Mr. Spera confirmed to Mr. Martinez that he could make the
motion.
MOTION2020-230
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the
following was proposed:
To suspend the rules to allow for a proclamation for Ms. Opal Lee to be approved at
the current 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)
Suspension of the rules must be unanimous.
MOTION 2020-231
On a motion by Mayor Burk, seconded by Council Member Fox, the following was
proposed:
To present a proclamation to Ms. Opal Lee on Thursday, September 24, 2020,
recognizing her work in making Juneteenth a holiday in the whole United States
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)
Vice Mayor Martinez inquired since he was not available to sign in person, if
his signature could be affixed to the proclamation. Mr. Spera stated that to comply
with Council's procedures for proclamations, Mr. Martinez could provide staff with
an electronic copy of his signature to affix to the proclamation on his behalf.
Mayor Burk confirmed with the Council Members that they would come to Town
Hall to sign the proclamation before the event on Thursday.
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19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. None.
21. ADJOURNMENT
On a motion by Council Member Steinberg, seconded by Council Member Fox, the meeting
was adjourned at 8:04 p.m.
KeU4j Bur Mayor
Town of Leesburg
ATTEST:
Clerk of Council
2020 tcmin0922
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Page 1| September 22, 2020
September 22, 2020 – Town Council Meeting
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate. For greater accuracy, we encourage you to review the video of the
meeting that is on the Town’s Web site – www.leesburgva.gov or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: I would like to call to order, this September 22nd, 2020, meeting of the Leesburg
Town Council. If anyone in the room needs hearing assistance, please see the Clerk. Council Member
Steinberg will be giving the invocation, followed with by Council Member Fox who will be leading us in
the Pledge of Allegiance. Council Member Steinberg?
Council Member Neil Steinberg: Thank you, Mayor Burk. I'd like us to take a moment to remember
Ruth Bader Ginsburg, who passed away several days ago. I would comment that while she may have
been diminutive in her physical nature of stature, she was certainly a giant among the men and women
who were her peers, and always a champion for women's rights. If we can take a moment please.
[silence] Thank you. [silence]
Mayor Burk: Thank you. Let the record reflect that Council Member Campbell, Fox, and Steinberg, and
Mayor Burk are present. We need to make a motion to allow Council Member Dunn and Vice Mayor
Martinez to electronically participate in the September 22nd, 2020, Town Council meeting. Do I have a
motion? So moved by Ms. Fox, seconded by Council Member Campbell. All in favor?
All: Aye.
Mayor Burk: Opposed? That's 4-0-2. All right. I have minutes for the regular session of September 8th,
2020. So moved by Council Member Fox, seconded by Council Member Campbell. All in favor?
All: Aye.
Mayor Burk: Opposed? All right, so that's 6-0. Before we adopt the meeting agenda, I would like to ask
again for a suspension of the rules for the opportunity for the Town Council to vote for a proclamation
for Opal Lee. Everyone has to vote in favor, that has to be unanimous. All in favor of the suspension of
the rules indicate by saying aye.
All: Aye.
Mayor Burk: A suspension of the rules, do I need a second?
Council Member Suzanne Fox: Second.
Mayor Burk: Okay, yes. Thank you. I moved it and it was seconded by Council Member Fox.
Council Member Ron Campbell: Just a point of information.
Mayor Burk: Yes, sir?
Council Member Campbell: Ms. Lee is going to be in Town on Thursday. What's the event and who's
sponsoring the program?
Mayor Burk: The event is the National Juneteenth Observance Foundation, and she is 94-year-old
woman who has taken under her cause to make Juneteenth a national holiday. In 2016, she walked
from Fort Worth, Texas, to Washington DC, to bring awareness and educate the public about
Juneteenth. She just delivered 1.5 million petitions to Congress to ask for Juneteenth to be a national
holiday. She is coming to Loudoun County and Leesburg, she'll be in Leesburg at one o'clock on
Thursday.
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Council Member Campbell: Yes, I know the story, but who's sponsoring her event to come to Leesburg
and Loudoun County?
Mayor Burk: The National Juneteenth Observance Foundation is.
Council Member Campbell: There is no formal host here? Where's the event going to be?
Mayor Burk: It's going to be on the Town Green.
Council Member Campbell: Okay, so all of Council is invited because it's a public event?
Mayor Burk: Absolutely.
Council Member Campbell: Okay. Well, we weren't, so I was just clarifying that it wasn't a private
event, where she's going to be and how's it going to be hosted, that's all.
Mayor Burk: Okay. All right, so I have a motion to suspend the rules, a second by Ms. Fox. All in favor,
indicate by saying aye.
All Members Other Than Mr. Dunn: Aye.
Mayor Burk: Opposed?
Council Member Thomas Dunn: Nay.
Mayor Burk: All right, so that fails, with Mr. Dunn voting nay. All right. Next, do I have a motion to adopt
the meeting agenda? So moved by Council Member Fox. Second? Council Member Steinberg. All in
favor, indicate by saying aye.
All: Aye.
Mayor Burk: Opposed? 6-0. I'm not hearing from the gentlemen electronically, I'm assuming that
they're in favor.
Vice Mayor Fernando “Marty” Martinez: Aye.
Council Member Dunn: If you just give us a minute to hit the mute button off and on, that helps.
Mayor Burk: All right, we have no certificates of recognition or proclamations. Do we have any
presentations tonight? No. Do we have any regional reports? Does anybody have any regional reports?
No. I do. The VML Legislative Committee met, and some of the highlights of that discussion were
support for education funding, storm water assistance which is very significant to Leesburg, mental
health crisis service funding, passage of the ERA, programs to bring solar to the towns and the counties.
There's more items on the agenda for the VML, and it's on their web page, but those were the ones that
had a significant amount of discussion in regard to them.
I also met with the COLT, which is the Coalition of Loudoun Towns, and the Mayors discussed the idea
of asking the Board of Supervisors to allow the towns to participate and be part of the discussion around
affordable housing. Leesburg at this point does have the most affordable units, with apartments and
rentals, but other towns are looking at doing things like accessory dwellings for housing, duplexes,
multi-family housing, and other ways to help with the idea. The COLT is asking that we be part of the
discussion because many of the towns are concerned about the development in the western part of the
county.
Housing should be where the infrastructure is, around metro and within the towns. We're asking to be
partners with the county in their discussions. On the 14th, I spoke with the other Mayors in regard to
this topic. That takes us to our petitioners' section. One of the first orders of business is to hear from
the public. All members of the public are welcome to address Council on any item, matter or issue.
Page 3| September 22, 2020
Please identify yourself, and if comfortable doing so, give your address for the tape to record. Any public
speaker will be requested to state their names and spell it for the purpose of closed captioning.
In the interest of fairness, we also ask that you observe the five-minute time limit. For those participating
in person and 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 your 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 the Council, the five-
minute time limit applies to all. Council is now able to hear from members of the public remotely.
Once we have heard from everyone present in the room, we will hear from the members of the public
on phone or WebEx. On our sheet, we do not have anybody from the petitioners that would like to
speak. Is there anybody in the audience that would like to come forward and speak at this point? No?
Yes, please. That's all right.
Tanja Thompson: My name is Tanja Thompson, spelled T-A-N-J-A, last name Thompson as I
mentioned, T-H-O-M-P-S-O-N, 43709 Mahogany Run Court. Speak a little louder? Okay. It's this mask,
you try to not amplify too much because I have a loud voice anyways. What I'd like to bring to the
Council's attention, as well as everyone else that's listening and/or that may be looking at this recorded
and maybe not live, I understand that there was a discussion yesterday, and also here today. That there
was a discussion or a possible re-vote on Opal Lee and the proclamation.
What I find rather disturbing in that is that we talk about unity, we talk about coming together as a group
and as a people. How much harm would it be for a proclamation for a 94-year-old woman to be
unanimously voted on? What harm is that? I don't see where there's any whatsoever. This woman has
pioneered herself from Houston, Texas, to come here to Loudoun County. As a county, we don't even
have the decency enough to acknowledge her with a proclamation. I know that there was one individual
that declined, and that is Tom Dunn.
I could really sit up here and just go back to that, but what I'd like to do is maybe appeal to your humanity,
appeal to your gooder side, and I hope you're looking at me because this really comes from my heart.
I'm a Federal mediator. I know what it is to be in conflict, and as a third-party neutral, I understand and
I know that we all have needs and we all have wants. A lot of times those things do not come together
and jive. I would ask you, Tom Dunn, and I heard you say nay, but I would like to offer that you
reconsider and allow the Town Council to give Opal Lee a proclamation. It's not going to hurt you or
anyone else, but again to appeal to your humanity, I'm asking you.
I'm asking you, Tom Dunn, to vote yes, because you're the only one that did not. I believe that Loudoun
County is a better place, and is a great place to live. I would hate to hear and to see publicly that we
had one individual to abstain. This woman is 94 years old. To me, that is a travesty that we will not be
able to provide her a simple proclamation for June 19th. Again, Tom Dunn, appealing to your humanity
and to vote or reconsider, because you too have the ability, just as you had the ability to vote no, you
also have the ability to change and reconsider your vote as well. Thank you so very much, and thank
you to Council for allowing me to speak.
Mayor Burk: Thank you Ms. Thompson. Is there anybody else in the audience that would like to speak
at this point? All right. Could you read the first name from the screener? Do we have anybody waiting
online?
Keith Markel: Madam Mayor, we don't have anyone online signed up to speak today.
Mayor Burk: All right. Then again, if there's nobody in the audience that would like to speak at this
point, then I will close this public hearing-- Excuse me, I read the wrong page here. [laughs] It's the
petitioners' section. We will move on to the approval of the consent agenda. You'd think, with more
space, I'd be able to get these papers together. The approval of the consent agenda, there are three
items, 12A which is awarding a fiscal year 2021 snow/ice removal service contract to multiple
contractors, in the amount of $149,803. B, the Sycolin Road widening, phase four, Washington Gas
utility relocation change order authorization. This is for widening phase four, order or authorization.
Then C is a Juneteenth Town holiday, declaring June 19th as a Town holiday, and observance of
Juneteenth holiday. Is there anything that anybody wants removed?
Page 4| September 22, 2020
Council Member Campbell: Yes.
Mayor Burk: Yes, sir?
Council Member Campbell: 12A.
Mayor Burk: 12A? All right. Anybody else? All right. Do I have a motion to accept 12B and C? Council
Member Fox. Second? Council Member Steinberg. All in favor, indicate by saying aye.
All: Aye.
Mayor Burk: Opposed? Everybody's in agreement? Okay. All right. Mr. Campbell, you pulled 12A?
Council Member Campbell: Yes, and I'll hear Town staff give a presentation in response to questions
that I had asked earlier today, in a prepared PowerPoint presentation on the snow removal. Not just
services, but I believe history of snow removal and some of the problems we've had in the past
financially.
Renee LaFollette: Good evening Madam Mayor, Members of Council. This item is our annual contract
for our snow and ice removal services. Historically, we have been budgeted anywhere from $125,000
back in 2016, to $292,400 this current fiscal year. That includes our equipment costs, our overtime, our
salt budget, lodging for having people in. Average out is about $232,290 per fiscal year. On average,
we've run a deficit and had to come back to Council on a number of occasions for supplemental
appropriation to cover our costs related to snow removal.
This year, in particular, for just the equipment, we have $110,000 for the plow equipment, and $45,000
for heavy equipment. I'm coming to you tonight with a contract for multiple vendors, for approximately
42 pieces of equipment proposed. The value of those contracts is for roughly an 8-hour event. On
average, we can have anywhere from five call-outs for snow or ice event, up to as many as 20. That's
where the dollar values are. We have 13 plow trucks within the Street Division that run two 12-hour
shifts. We augment our staff with four utility trucks that are push-only with no salt spreaders.
If they get called to a utility line break, they go do their thing and we're down four trucks. The 42 pieces
of equipment this year are needed because we added 2 additional lanes on Sycolin Road, we've added
all of Battlefield Parkway, we have Compass Creek. Now part of Meadowbrook and a few other smaller
sections of road, so we have added a number of lane miles that will come off of bond. Our heavy
equipment needs are only for when we get into the larger storms, eight to 18 inches to clear
intersections. At 18 inches-plus, we use the heavy equipment to start clearing streets as well.
We have two backhoes and four tractors within the Street Division, but we don't have operators on
those until our routes are cleared with the plow trucks and then we can move them into the equipment.
Contractor equipment that's proposed is listed there, and again, those will come into play for storms
eight inches or greater. The recommended action is in the memo, but I will go back to the financial
information, as I think that's more where Council Member Campbell's questions were.
Council Member Campbell: Yes, thank you. Again, I asked for a five-year history because we've gone
through this and we absolutely understand that we underfund this budget. I think the Town Manager
and the staff, based on the unanticipated snowfalls, have done a wonderful job of just covering without
any tax increase. As we talked last year, this is not the proper way to budget for snow removal. It
becomes more critical. Again, I'm not questioning the value of the snow removal contracts, that we're
going to have a different type of snow event this year than we had last year.
With COVID-19, we have less resources. Therefore, the Town Manager has less tricks he can
maneuver money around with. I thought it would be irresponsible not to display this information again,
and have us fully understand we're not just approving a contract, we are underfunding the snow
removal. This is a five-year history that bears it out. In 2018, we happened to be a little fortunate, last
year not as much, but we can't continue to pile up deficits or just think that we got to be able to cover it
by moving money around, or to have some position vacancies that we can gain some efficiencies from,
just if not budgeting and responsible.
Page 5| September 22, 2020
While I agree that if we don't contract the snow removal personnel now, we stand to lose them to other
municipalities and other contracts that they're waiting to get notice on. I agree we have to contract, and
there is no other supplemental budget allocation or appropriation to make. We're going to be in a hole
and it's just a shame that this Council did not vote to approve the 1-cent tax increase last year that
would have covered the snow removal budget.
Mayor Burk: Anyone else have any comments at this point? Ms. Fox.
Council Member Fox: I just have one quick question. I was taking a look at our history here and last
year-- Oh, wait a second. Is this budgeting for the number of events for this year, for 2020? It's the
public works, the first page, second slide.
Renee LaFollette: We are in fiscal '21 now. Last winter was fiscal 2020. We were very fortunate and
had minimal call-outs, and we used contractor resources on only two of the five call-out events. We
were able to keep everything within the budget we had allocated last year.
Council Member Fox: A call-out event, does that consist of taking the trucks out onto the road to
spread the ice, de-ice or that kind of thing?
Renee LaFollette: Yes. It could be an ice event, it could be a snow event, it could be a two or three-
hour event, or it could be a multiple-day event. We would classify a multiple-day event as one event.
We don't count it by days.
Council Member Fox: All right, I was just noticing last year we got a dusting because I was pretty
disappointed. I was just like, "How do we get five events out of that?" but it was calling for ice or
something like that?
Renee LaFollette: Ice was three of those events, snow was two of them, and they were just dustings
like you said.
Council Member Fox: Okay, thanks.
Mayor Burk: Anyone else at this point?
Council Member Steinberg: Yes.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Yes, I agree it was a disappointment that we couldn't get this fully funded
last year. Obviously, we have our budget for this year. I believe will be a different Council come January,
and with the next budget negotiations, I think we'll probably manage to do a better job. Obviously, we're
going to have to deal with the situation this year as it is. Of course, we're going to pass this allocation,
and then work to do better next year. Thanks.
Mayor Burk: Anyone else? All right. Then do I have a motion to accept the awarding the FY 2021 snow
and ice removal service contract to multiple contractors in the amount of $149,803? So moved by
Council Member Steinberg. Second? Seconded by Council Member Campbell. All in favor, indicate by
saying aye.
All: Aye.
Mayor Burk: Opposed?
[silence]
We didn't hear from Mr. Dunn, I believe. Who did we not hear from? I can't tell the difference.
Renee LaFollette: It sounded like you got Marty, but not Tom, to me.
Page 6| September 22, 2020
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: Martinez said aye.
Council Member Dunn: I said aye.
Mayor Burk: Alright, that's 6-0. Thank you. This takes us to our resolutions. The first one is a Liberty
Street mural. This is a resolution for approval of the Liberty Street art mural. Is there any presentation
or anything on this one? Anyone? No. Oh, you're making Mr. Markel do it. Is there a motion to approve
the Liberty Street art mural? So moved by Council Member Steinberg. Second? Mayor Burk. All right.
Any discussion? All in favor, indicate by saying aye.
Steinberg, Martinez, Campbell: Aye.
Mayor Burk: All right. That's Mayor Burk, Council Member Steinberg, Council Member Martinez and
Council Member Campbell. Opposed?
Council Member Dunn: Nay.
Mayor Burk: Council Member Dunn. Abstained, Council Member Fox. That passes. The next one is
the Illumination of the Town Garage in Recognition of Childhood Cancer Awareness. Do I have a
motion? So moved by Council Member Fox. Second? Council Member Steinberg. Any questions?
Anything on this one? All in favor, indicate by saying aye.
All: Aye.
Mayor Burk: Opposed? That's 6-0. Number C is the Legislative Agenda. This is Adoption of the
Legislative Agenda and Position Statements for the 2021 Virginia General Assembly Legislative
Session. So moved by Council Member Steinberg. Second? By Council Member Campbell. I think we
have some discussion on this one. Is there anything Ms. Fox?
Council Member Fox: Yes. I was going to ask if we were going to have a discussion. I was hoping that
we could consider some of the items that we put forward last night. One of the ones I put forward,
number one was term limits. Number two, qualified immunity. If that should come back, I'd like our
legislators to consider not passing that.
Mayor Burk: All right. Well, let's take it one at a time. You would like to have added to our legislative
agenda term limits?
Council Member Fox: Yes.
Mayor Burk: All right. We have had three expert witnesses explain how that process would work. It
would have to be a change to the Constitution. It would have to go one year, would have to be approved
one year, wait one year, and then be approved the consecutive year. Are there four people that would
like to have that added to our legislative agenda? Mr. Campbell, Ms. Fox. It does not appear that there
are four people that would have that on.
Council Member Dunn: Mr. Dunn.
Mayor Burk: Okay, three. Mr. Dunn, Ms. Fox, and Mr. Campbell. All right. The next one was the item
that's already been voted on in the General Assembly but--
Council Member Fox: I would maybe put it on position statement then for qualified immunity.
Mayor Burk: Okay, position statement saying what?
Council Member Fox: We believe that this bill will do nothing but pass costs on to local taxpayers and
we would not be for it.
Page 7| September 22, 2020
Mayor Burk: Passed on to taxpayer and Council would oppose. Okay. By voting yes, we are putting
this on the position statement. All in favor of moving this to a position statement, indicate by saying aye?
Council Member Fox: Aye.
Council Member Dunn: Aye.
Mayor Burk: Mr. Dunn and Ms. Fox. Opposed? You don't have enough to go on. Sorry. We had two
other items. Oh, thank you. The city status, do we have four people that are interested in putting city
status on this year's legislative agenda? Indicate by saying aye?
Council Member Fox: Aye.
Council Member Dunn: Aye.
Mayor Burk: Ms. Fox. Mr. Dunn. All right, that doesn't move forward. Partisan elections. Do we have
four people that are interested in putting that into the legislative agenda, indicate by saying aye?
Council Member Fox: Aye.
Council Member Dunn: Aye.
Mayor Burk: Ms. Fox. Mr. Dunn. All right. That does not move forward.
Kaj Dentler: One more, number three.
Mayor Burk: Oh, three, sorry. Limitation on the Governor's emergency power declaration. Do we have
four people that would like to add that, please indicate by saying aye?
Council Member Fox: Aye.
Council Member Dunn: Aye.
Mayor Burk: Ms. Fox. Mr. Dunn. All right. That doesn't move forward either. That takes us back to our
original--
Council Member Dunn: Madam Mayor?
Mayor Burk: Yes, Mr. Dunn?
Council Member Dunn: I had one other item that may have gotten drowned out in the number of things
that I talked about last night. It was also to request Leesburg be allowed to go to a ward election process,
where I had suggested four wards and two Council Members at large.
Mayor Burk: All right. Are there four people that are interested in, instead of representing at large, we
would go to a ward system, indicate by saying aye?
Council Member Dunn: Aye.
Mayor Burk: Mr. Dunn. I'm afraid that's it. That doesn't move forward. That takes us back to our original
moved by Council Member Steinberg, seconded by Council Member Campbell, adopting the legislative
agenda and position statement for 2021 Virginia General Assembly legislative session, indicate by
saying aye.
Campbell, Steinberg, Martinez: Aye.
Mayor Burk: That is Mr. Campbell, Mr. Steinberg, Council Member Martinez and Mayor Burk. All right.
The next one is a motion to approve the proclamation for National Disability Employment Awareness
Page 8| September 22, 2020
Month. Mr. Martinez, you want to move to approve this National Disability Employment Awareness
Month proclamation to be proclaimed October 6th, 2020, at a Town Council meeting. Is that correct?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez, and seconded by Council Member Steinberg. All in
favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Dunn: Abstain.
Mayor Burk: That's 5-0-1, with Mr. Dunn abstaining. Well, I'll move to approve the Police Appreciation
Day proclamation to be proclaimed at the October 6th, 2020, Town Council meeting. Is there a second?
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Dunn: Abstain. That is five, zero--
Vice Mayor Martinez: Aye.
Mayor Burk: You're an aye? 5-0-1, with Mr. Dunn abstaining. That takes us to our public hearing. Let
me move to the public hearing. All right. I call to order, the September 22nd, 2020, public hearing to 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 either sign up on the sheet in the hallway outside
the Council Chambers, but if you did not get the opportunity to sign up, we will give you an opportunity
to speak. We will also provide remote public participation for callers on the phone or on the WebEx.
In any case, please identify yourself and if comfortable, give your address for the taped record, but we
do need you to spell your name. In the interest of fairness, we ask that you observe the five-minute time
limit. For those participating in person or on 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
your summing up and yielding the floor when the bell indicates your time has expired. For those
participating on phone, you will hear a bell when your time has expired.
Under the rules of order adopted by this Council, the five-minute time limit applies to all citizens.
However, rather than having numerous citizens present remarks on behalf of the group, the Council will
allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers, when
they sign up, to indicate their status as spokespersons and the group they represent, and their request
for additional time. Our procedure for the public hearing is as follows. First, there is a brief presentation
from staff about the items. Second, there's a brief presentation from the applicant.
Third, the members of the public that have signed up to speak will be called and given five minutes.
The public hearing on the agenda tonight is TLZM-2020-001, McDavit rezoning application. Mr. Klusek,
how are you today?
Rich Klusek: I'm well. Thank you, Madam Mayor. Good evening, Council Members. The application
that I have before you this evening is a rezoning application. It's for one single family home. The subject
property as you can see here is located on Old Waterford Road. It's located between the Town's pump
station and the existing USTCA office building. This is a aerial image of it. One key thing I want you all
to take into consideration from this image is the proximity to other land uses and particularly proximity
Page 9| September 22, 2020
to other residential homes. That's something that we feel is important in terms of compatibility of this
project.
This is a view looking west towards the subject property. The proposed home would essentially be
located in the immediate foreground. This is a view looking north west, towards the Town pump station,
the existing pump station. The subject property would be to the left. This is a view looking at the existing
US Eventing Association office where the subject property would be located to the right. The property
is currently zoned O-1. That existing zoning was previously approved under rezoning ZM-140. It was
approved back in October of 1994. That rezoning allows for a 5,000 square foot office development to
be constructed by right on the subject property.
The applicant is proposing to rezone 1.75 acres from O-1 to R-1 to allow for one single family home.
The planned land use is community office. The planned land use does not actually contemplate
residential uses. However, as I mentioned before, you did see the compatibility of this project. We as
staff do feel that the proposed residential use would be more compatible with the existing homes than
an office building would be. This image just shows you the proposed elevations of the home, the concept
plan showing you the location of the proposed house. We did want to point out that there are two buffer
yard modifications proposed.
Staff is in agreement with those buffer yard modifications. One of them located to the north of the subject
property where the Town pump station is. That buffer yard modification is proposed because of an
existing power line easement and drainage swales. We do feel that it is appropriate. If you look at the
southern one as highlighted in green, there would essentially be a buffer to trees, so we did not feel
that additional plantings were necessary there. In terms of the Town's rezoning approval criteria,
compliance with the Town Plan is one thing that we always look at. As I mentioned, there are conflicts
with the planned land use but this is one single family home.
Again, we did feel that the criteria with respect to stormwater, minimizing the environmental impact
compatibility, et cetera, that those were in fact enhanced by this application. There are no known binding
agreements with Loudoun County. The application mitigates traffic impacts. With one single family
home, there is not expected to be a significant traffic impact. We do feel that is compatible with
surrounding land uses and there are adequate public facilities. There are no outstanding issues with
this application to the extent that there were any during the rezoning process. The applicant was
excellent to work with.
They promptly addressed everything. Staff is at this point recommending approval. We do have a
suggested motion. I do just want to point out briefly that there was a revision to the ordinance with this
application. We mistakenly reversed the dates, so you'll notice August 27th for the concept plan and
September 1st for the proffers is the correct day as shown in the ordinance in the revised version. That
is all I have. Happy to take any questions you may have.
Mayor Burk: Does anyone have any questions at this point?
Council Member Fox: Yes.
Mayor Burk: Ms. Fox?
Council Member Fox: Real quick. I was taking a look at your picture for the buffer or the view of the
pump station, the northwest view, and I see a ton of trees there. What kind of additional buffering are
you suggesting?
Rich Klusek: We are not suggesting additional buffering. We are suggesting a modification be granted
based on the existing plantings, and based on the fact that there are drainage swales and power lines
that would prohibit buffers as per the zoning ordinance.
Council Member Fox: Okay. Thanks.
Mayor Burk: Anyone else have any questions? Mr. Steinberg?
Page 10| September 22, 2020
Council Member Steinberg: I'm going to assume none of the surrounding residential properties have
any concerns. Just out of curiosity, did the next-door neighbor, what's it? The US?
Rich Klusek: US Eventing.
Council Member Steinberg: Did they express any concerns whatsoever?
Rich Klusek: Not to my knowledge. I have not heard any.
Council Member Steinberg: Okay. Thank you.
Mayor Burk: Anyone else? I do have a couple of questions. By the way, all these years I've lived here
and all the years that building, I thought that was the Equestrian Center. I did not realize its name was
actually the Event. I learned something.
Rich Klusek: I had to look that one up too.
Mayor Burk: I went and looked at the property. The buffering, I suppose it could have been enhanced
to the left, but it's pretty strong the way it is right now. What my one concern is about the Eventing
Center because now that will be the only commercial property on that whole street. Does that then put
that in jeopardy of being redeveloped into residential also?
Rich Klusek: Well, the current zoning on the property only allows for office use, but in theory, a rezoning
application can come forward in the future for that property for residential development as well. I think
that that property is slightly larger. I don't see an exact size of it, but it's comparable in size to the
proposal.
Mayor Burk: I couldn't tell if it was large or small. I have to ask, maybe I'll wait until the applicant comes
up. The designs on the house overlooking the park, I don't see a porch. I can't imagine you wouldn't
have a porch. Not that it's anything I could control or anything, but I can't imagine you would have that
beautiful view and not have a porch so that you could sit and look at it. I'll ask that when they come up.
Rich Klusek: It does appear that there is a front porch on the property.
Mayor Burk: Oh, good. I feel much better now. Thank you. I'll wait to talk when the applicant presents.
Anybody else have any questions? The applicant has a presentation? Hello, Mr. Minchew. It's been a
long time here.
Randall Minchew: Good evening, Madam Mayor, members of the Council. I'm not going to give a
presentation. We're going to waive that.
Mayor Burk: You're a smart man.
Randall Minchew: I want to take this opportunity.
Mayor Burk: Excuse me. I said you're a smart man.
Randall Minchew: Thank you. I'd like to introduce to the Town Council, Sasha Brauer of our firm who's
been with us about 18 months. She graduated from Mr. Jefferson's law school down in Williamsburg.
You're not going to be hearing from her tonight because out of respect for the Council's agenda, we're
going to waive presentation, but I just wanted to introduce her to you. You've probably seen around
Town. If you do have any desire for a presentation, Sasha is fully prepared to give it, but in appreciation
of your agenda we are willing to waive. This is Sasha Brauer, Madam Mayor, members of Council.
Mayor Burk: Very nice to meet you.
Sasha Brauer: I'm happy to answer any questions. It was nice to meet you as well. Please, let us know
if there's any.
Page 11| September 22, 2020
Mayor Burk: Any questions that we have. Does anyone have any questions at this point? Mr. Campbell.
Council Member Campbell: [inaudible 00:43:32] there were indications that four people spoke, one
in favor, three against. I guess their questions or concerns about flood mitigation were either answered
or unfounded.
Rich Klusek: My understanding would be that the concerns expressed at the Planning Commission
were addressed. I know that the applicant has had subsequent conversations with some of the property
owners. It is my belief that they have been addressed.
Council Member Campbell: We don't see any potential flooding issues arising from this?
Rich Klusek: The applicant has provided their stormwater analysis that has been reviewed by our staff.
No particular concerns were identified.
Council Member Campbell: Okay. Thank you.
Chris Spera: Mr. Campbell. If I may, as a matter of Code when that amount of ground is under
disturbance there's a requirement for a site plan that includes stormwater analysis. That's part of the
application.
Council Member Campbell: I just wanted to make sure it was addressed satisfactorily. Even though
we do traffic studies and we do everything else, I want to make sure that the residents were heard even
though it was only three. Thank you.
Mayor Burk: Anyone else? The applicant, I want to make clear that I'm someone who does not like to
change from commercial to residential. That's a hard one for me, but this particular location is such a
beautiful spot. That's why I asked about the porch because I would be on the porch all the time just
looking over the fields that'll never be developed, that will always be the park. It is just a really beautiful
site. I am a little concerned about what the impact will be to the Eventing business over there, but this
is a unique opportunity. I think it's very different than most rezonings, so I'm not as concerned as I would
ordinarily be. I do want it on the record that that's one thing that does concern me. I always hesitate to
change from a commercial to a residential. Does anyone else have any questions at this point? Is there
a motion?
Council Member Fox: Madam Mayor, I'd like to make a motion?
Mayor Burk: Yes.
Eileen Boeing: The public hearing is still open.
Council Member Fox: That's right.
Mayor Burk: Oh, I'm sorry. You're right. Is there anybody from the public that would like to speak
tonight? No one? Is there anybody online that would like to speak?
Keith Markel: Madam Mayor, we don't have anybody online too.
Mayor Burk: Now I will close the public hearing. Now I will take your motion, Ms. Fox.
Council Member Fox: Madam Mayor, I move to approve rezoning application TLZM-2020-0001
subject to the concept development plan dated August 27th, 2020, and the proffers date is September
1st, 2020, based on the findings for approval contained in the September 22nd, 2020 Town Council
staff report.
Mayor Burk: Is there a second?
Council Member Steinberg: Second.
Page 12| September 22, 2020
Mayor Burk: Any more discussion on this? All in favor, indicate by saying, aye.
Council Members: Aye.
Mayor Burk: Opposed? The ayes are 6-0. Your rezoning moves forward. Thank you. That takes us to
Council disclosures and comments. Mr. Martinez?
Vice Mayor Martinez: Yes, good evening. I have no disclosures and I will have no comment. Have a
nice evening.
Mayor Burk: I hope the weather is good there and that you're not getting a lot of smoke. Mr. Steinberg.
Council Member Steinberg: No disclosures or comments. I would like an addition to a future meeting
and this has to happen relatively soon. I'd like the Council to pass a resolution to offer a letter of support
for Mercury Payton in his effort towards encouraging the state to adopt the Liberty Amendments Day
as a holiday.
Mayor Burk: That's information that's in your packet. If you wanted to take it, if you had any questions
about it, but Mr. Payton is the Town Manager of Vienna. He did bring this to the VML Executive
Committee and asked for consideration to go to the Legislative Committee and it did move over there.
I'm just giving them a little time to look it over. They hadn't had a chance to see it.
Council Member Steinberg: One of the attachments.
Mayor Burk: It's really just recommending that the Virginia General Assembly adopt a new holiday
called the Liberty Amendments Day, which would be part of a newly designated Liberty Amendments
month. "My idea is to have the Commonwealth of Virginia officially recognize the third Monday of July
each year as a Liberty Amendment Day to commemorate and celebrate the ratification of the 13th, 14th,
15th, and 19th Amendments to the Constitution. Liberty Amendment month would begin the week of
Juneteenth, which is June 19th. Each week of Liberty Amendment month would focus on one of the
Constitutional amendments that extends rights and liberties to the US citizens who originally were
excluded from the blessings of liberties promised in the original Constitution."
Council Member Fox: I've got a question clarifying. The Juneteenth holiday idea is, as I understand it,
before Richmond, is this an addition to that?
Mayor Burk: I believe it is an addition, but would incorporate the two. It would incorporate the two ideas.
He says here, "Ratification, Liberty Amendment Month would begin the week of Juneteenth, which is
June 19th. Each week of Liberty Amendment Month would focus on one of the Constitutional
amendments." They wouldn't be holidays but they would encourage localities to do something to
recognize those amendments.
Council Member Fox: We're going to have a discussion as we can look at this more, right? Is that what
you're asking for?
Council Member Steinberg: Well, certainly I have no objection to a discussion, but since this has to
be taken down to Richmond for the next session, I would prefer that it not wait too long so that we can
also have a chance to discuss it with our legislative group up here.
Mayor Burk: Would you be okay to have it on the next work session?
Council Member Steinberg: I would. Sure.
Council Member Fox: I'd like a little time to research it. Thank you.
Mayor Burk: Do we have four people that are interested in having a work session discussion on the
idea of Liberty Amendment Day celebrations?
Council Member Fox: I'll discuss it.
Page 13| September 22, 2020
Mayor Burk: Ms. Fox, Mr. Campbell. Mr. Steinberg, Ms. Burk. All right, that moves forward. Do you
have anything else?
Vice Mayor Martinez: Mr. Martinez.
Mayor Burk: Mr. Martinez. You're done. Mr. Campbell?
Council Member Campbell: I've no disclosures. I would like consideration for a work session item to
take place in the month of October. This work session is in regards to the Mike McLister proposal for
new areas of revenue growth in downtown Leesburg.
Mayor Burk: Do you want that on a work session?
Council Member Campbell: Yes.
Mayor Burk: I'm not sure I know what it is, but I'd be happy to have that discussion. Are there four
people that would like to move this forward to a discussion? Mr. Steinberg, Mr. Campbell, myself.
Anyone else?
Vice Mayor Martinez: Martinez.
Council Member Dunn: Mr. Dunn.
Mayor Burk: And Mr. Dunn. Is that it, Mr. Campbell? Yes, Ms. Fox?
Vice Mayor Martinez: And Mr. Martinez.
Mayor Burk: And Mr. Martinez.
Council Member Fox: I don't have.
Mayor Burk: I do have a couple of things that I need to disclose that on the 21st I spoke with Donna
Fortier of Mobile Hope about her organization that's relocating to the old NOVEC site on Market Street.
This is a great opportunity for them. I don't know if you've ever been in that site, but it is a large site.
They're looking to make it like a village concept. We will be seeing more from them in the future. I want
to congratulate ION International Training and Skating Center for winning the best real estate deal in
2019. Peterson Company nominated them and they did receive that honor. December 10th I did a video
for the VML conference for 2021 that will be held here in Leesburg. Mr. Dunn did not make comments.
I will stop at this point and I will let Mr. Dunn make his comments.
Council Member Dunn: Excuse me. Thank you. I had an interesting experience with some Town
services recently. I think it's been 10 years since I removed any brush from my property. I put a big pile
out there not knowing that we had rules of eight by eight by eight or four by four by eight size. I stuck
the brush out there and they came by and took part of it. Then they had to come by and take another
part. They left a small pile which I thought maybe was a protest pile because it fit in a trash can. Today
they came by and removed a couple of sticks but then still left the pile there. The truck driver went to
his cab and took three and a half minutes to fill out a form letting me know what was wrong.
I sent my son out there to time himself to see how long it would take him to pick up the brush and put it
in the trash can. That only took about some 10 seconds. It just showed me that we're putting a lot of
rules on our citizens for services that I think the Town staff should be taking care of. We're paying
enough tax dollars for it. Believe me, I wasn't looking for anything special. I didn't ask the person to pick
up anything special. We ended up picking it up, but it did remind me about what our customers, our
taxpayers are going through. Tonight we voted on two items for proclamations, officer appreciation and
disabled working, both of which I abstained.
I want to point this out because Officer Appreciation Day was my initiative a number of years ago, and
I have a son who has special needs, yet I still abstained from those because I've been abstaining from
proclamations well over a year, I guess about a year and a half now, ever since the proclamation
Page 14| September 22, 2020
controversies of last year because I feel that many of them, not all of them, but many of them are self-
serving by politicians looking for exposure and who do little else. I just choose not to take part in them
even if it's an issue that I feel important about and it's important to me. I also I'm not a big proponent of
suspending the rules. I think Council Members need to learn the rules and work within the rules.
There are certain Council Members who, their issues are just so important that the rules always must
be suspended because their issue has to get through. I'm not saying that's the situation for tonight's
effort to suspend the rule. At our work sessions, you can't vote to suspend the rules because you can't
vote at work sessions. There is only one vote that can be made and that is to go into closed session.
No action can be voted on. To go tonight to suspend the rules, what really should have happened is a
request for if knowing that it was going to be difficult to get a suspension of rules on a proclamation,
which I'm very concerned about our proclamations.
It could have easily been that last night a noncontroversial issue could have been brought forward which
is not to the next night for a limited support for this individual, not on this letter of recognition, the Council
was put on the same proclamation guidelines. Knowing the rules and how to work within the rules are
how you'll be successful on Council. I know that maybe folks are looking forward to January 1, when I
won't be here, and then it can be a freefall because I won't be calling out the rules. The way that it could
have happened tonight, you could have asked for an addition to the meeting last night.
Or tonight, the way it could still happen is that you could still bring up a suspension of the rules for
tonight and ask for a proclamation tonight and get your votes when I'm no longer at the meeting because
I will go ahead and depart this meeting as soon as my comments are over. If you want to go ahead and
suspend the rules when I'm not here, God bless you, go ahead and do it. Again, I'm not opposed to this
lady's efforts. I commend them. I actually brought forward the idea for Juneteenth as a holiday for its
Town staff. There's ways to work within the rules. You need to know how to do it, but just going around
and deciding you want to suspend the rules because it's an issue that's so important.
There are ways to work within the rules. You need to learn how to do it. With that, I'm going to go ahead
and depart the meeting now.
Mayor Burk: I will continue on where I was. I did the video for the VML Conference for 2021 that will
be held here in Leesburg. It's a very exciting opportunity. I was going to show it to you but I figured you
wouldn't want that time taken away. September 10, I participated in a ribbon-cutting at Simpson Middle
School. They have put solar panels on the roof and it will be providing 75% of their energy. All of the
lights in the building have been switched out to LED lights. It was really terrific to see a school system
committed to solarizing their schools. Simpson is the first, but it's not the last. I want to thank Ms. Katrina
Smith for inviting me to participate in this ribbon cutting.
It's a very exciting new step towards environmental awareness and making it that the school can cut
their costs 75%. That's not a small amount of money. That's great. The 911 ceremony was moving as
usual. The Fire Chief Myers spoke about his experience with the Pentagon on that fateful day. I thank
him and Deputy Chief Grigsby for helping with the wreath laying, and thank you, Council Member
Steinberg for attending. I do want to make sure everyone knows that they are invited to join on Thursday.
I have 1:30 to welcome Opal Lee to the Town Green. This will be a very important event.
To thank her for her dedication to bringing people together and for recognizing the importance of
Juneteenth as an important holiday. On Friday at eleven o'clock, there'll be a fly-over with World War II
airplanes going into DC to celebrate the 75th anniversary. Having seen that before, about five years
ago, they did this similar. It is quite an event to see these planes in formation flying over the Town. If
you have the time, and I'm sure you'll hear them, but it's most certainly is a great event to participate. I
do have one addition to future meetings that I would like maybe the Town Council would consider and
that is I'd like to ask the Town to partner with Inova and the health department to hold an event for flu
vaccine reminder.
We can get many local leaders, and the Mayors, and the Board of Supervisors, and the School Board,
and the chamber, and the faith communities to join all of us in getting the flu shots to demonstrate to
the public how important it is to get the flu shots and how easy it is. Flu season will be with us before
we know it. We need to encourage as many people as possible to get the vaccine especially during this
COVID outbreak. I was hoping that we could partner with Inova and make a big deal about it so that
Page 15| September 22, 2020
people would know how important it is to get these flu vaccines. Are there four people that would be
willing to encourage the Town to look into doing this? Mr. Steinberg, Mr. Campbell, Mr. Martinez, and
Ms. Burk.
Vice Mayor Martinez: Madam Mayor.
Mayor Burk: Yes.
Vice Mayor Martinez: When you're done, could I ask the Town Attorney a question?
Mayor Burk: Could you ask what?
Vice Mayor Martinez: When you're done, may I ask the Town Attorney a question?
Mayor Burk: Yes, Mr. Martinez. I am done at this point.
Vice Mayor Martinez: Mr. Spera.
Chris Spera: Yes, sir.
Vice Mayor Martinez: Mr. Dunn just made a statement saying that as soon as he can leave, we can
go ahead and do a resolution to suspend the rules, but under some rules, what I understand is the only
person that can do a reconsideration of the resolution voted down is the person who voted it down. Mr.
Dunn left, so he would be the one that would be needed to reconsider his vote to suspend the rules,
am I correct?
Chris Spera: Well, if it's a motion for reconsideration, if it were a separate motion made by a separate
member, that would be the other way to do it.
Council Member Fox: Madam Mayor, may I make that motion?
Vice Mayor Martinez: I would like to make the motion to suspend the rules.
Council Member Fox: I'll second it.
Mayor Burk: Is there a second?
Council Member Fox: Second.
Mayor Burk: Seconded by Ms. Fox. This is unanimous. All in favor, indicate by saying aye.
Council Member Campbell: Aye.
Council Member Fox: Aye.
Vice Mayor Martinez: Aye.
Mayor Burk: That's unanimous. We need a motion to--
Chris Spera: Now the rules are suspended. Now, anyone, Madam Mayor, it could be you, could make
your motion, which would otherwise be untimely.
Mayor Burk: I would like to make a motion that we present a proclamation Thursday to Ms. Lee
recognizing her work in making Juneteenth a holiday in the whole United States.
Council Member Fox: Second.
Mayor Burk: Seconded by Ms. Fox.
Page 16| September 22, 2020
Council Member Steinberg: Point of information.
Mayor Burk: Yes, sir?
Council Member Steinberg: How soon will it be ready so we have an opportunity to sign it?
Mayor Burk: I have a copy here.
Council Member Steinberg: Thank you.
Mayor Burk: All in favor indicate by saying, aye.
Council Member Steinberg: Aye.
Council Member Fox: Aye.
Mayor Burk: Opposed?
Vice Mayor Martinez: Aye.
Mayor Burk: That passes.
Vice Mayor Martinez: Madam Mayor, if I am not there and cannot sign it. Can you ask the Town
Attorney is it appropriate to have it signed in my [unintelligible 01:04:14]? Who could sign it for me?
Chris Spera: You could authorize anyone to sign it on your behalf, if they have your express permission.
Mayor Burk: Well, we have specific rules, Mr. Crim, that say that no one else may sign a proclamation.
Chris Spera: Let's see. Require, prohibit anyone else to sign. That is one of your proclamation
processes. Mr. Martinez, do you have the ability to send a facsimile signature to a staff? That would be
the other way to do it.
Vice Mayor Martinez: Yes, I do.
Chris Spera: If you could provide staff with a facsimile signature, I'm looking at these rules for the first
time, but I don't believe that that violates any of them.
Kaj Dentler: My recommendation would be that, as long as your rules allow that, electronic use of his
electronic signature, we would do it, but I'm not sure that what you passed allows us to do that. You
passed very specific guidelines, and off the top of my head, I can't remember if you allow it or not.
Chris Spera: I'm reading them as we're sitting here. It says, "Require only those Council Members'
signatures be written on signature line." The no comment, or other verbiage, that's one of your rules.
Prohibit anyone else to sign for another Council Member, that's one of the rules. I see nothing prohibiting
a facsimile signature if the member who voted in favor authorizes it. I believe that would be appropriate
for a proclamation of this type.
Mayor Burk: Then that's great. The only problem is that this does not have Mr. Martinez's signature
space on it so we'd have to do another proclamation.
Council Member Steinberg: A new copy, and then we'll come to the office and sign by four Thursday.
Mayor Burk: Would you all be willing to come by or if you're going to attend the event, come a little bit
early to sign it. Could you do that? Town Manager, do you have any?
Kaj: No comments.
Mayor Burk: Is there a motion to adjourn?
Page 17| September 22, 2020
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg, seconded by Council Member Fox. All in favor?
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Martinez: Aye.
Mayor Burk: We are adjourned.