HomeMy Public PortalAbout2020_tcmin1124 COUNCIL MEETING November 24, 2020
111 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, Town Attorney Christopher Spera, Deputy
Town Manager Keith Markel, Director of Planning and Zoning Susan Berry Hill, Director
of Economic Development Russell Seymour, Management and Budget Officer Jason
Cournoyer, Senior Planner Rich Klusek(via WebEx) and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Dunn.
3. SALUTE TO THE FLAG was led by Council Member Steinberg.
4. ROLL CALL
a. Remote Participation
Vice Mayor Martinez and Council Member Dunn requested to electronically
participate in the November 24, 2020, Council Meeting due to the health and safety
concerns associated with the Coronavirus. Mayor Burk, Council Member
Campbell, Council Member Fox, and Council Member Steinberg were physically
present at the meeting.
MOTION2020-265
On a motion by Council Member Steinberg, seconded by Council Member Campbell,
the following was proposed:
To allow Vice Mayor Martinez and Council Member Dunn to electronically
participate in the November24, 2020, Council Meeting
The motion was approved by the following vote:
Aye: Campbell, Fox, Steinberg and Mayor Burk
Nay: None
Vote: 4-0-2(Vice Mayor Martinez, Dunn abstain)
5. MINUTES
a. Work Session Minutes of November 9, 2020
MOTION 2020 266
On a motion by Council Member Fox, seconded by Council Member Campbell, the
minutes of the Work Session of November 9, 2020, were moved for approval.
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COUNCIL MEETING November 24, 2020
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 November 10, 2020
MOTION 2020-266
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the
minutes of the Regular Session of November 10, 2020, were moved for approval.
The motion was approved by the following vote:
Aye: Campbell, Dunn, Fox, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: None
Vote: 6-0
6. ADOPTING THE MEETING AGENDA
On a motion by Vice Mayor Martinez, seconded by Council Member Campbell, 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
b. None.
11. PETITIONERS
The Petitioners section was opened at 7:04 p.m.
Brian Burton. Spoke to Council as the Red Kettle Coordinator for the Salvation
Army. He encouraged Council, their friends and families and members of the public to
volunteer to be bell ringers. Mr. Burton also shared some of the good work the
organization does for the community including handing out Thanksgiving dinners to those
in need later in the week.
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COUNCIL MEETING November 24, 2020
The Petitioners section was closed at 7:08 p.m.
12. APPROVAL OF THE CONSENT AGENDA
a. None.
13. RESOLUTIONS /ORDINANCES /MOTIONS
a. Town Council Meeting Calendar for Year 2021
MOTION 2020-267
On a motion by Council Member Fox, seconded by Council Member
Steinberg, the following was proposed:
RESOLUTION202.0-115
Setting the Calendar Year2021 Town Council Meeting Schedule and
Authority to Reset the Day or Days to which a Regular Meeting shall be
Continued in the Event of Inclement Weather
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. Gateway District Streetscape Plan
MOTION
On a motion by Council Member Steinberg, seconded by Mayor Burk, the
following was proposed:
RESOLUTION
Endorsing the Gateway District Streetscape Plan and Initiating Further
Efforts to Refine the Streetscape Plan
Council discussed whether to adopt or endorse the plan and
implement the Gateway Districts Streetscape Plan and initiating further
efforts as well as how the plan would be integrated into the Legacy Leesburg
Plan. Mr. Spera, Ms. Berry Hill and Mr. Klusek discussed with Council the
need for public input in order for the plan to be incorporated into the Zoning
Ordinance. Council Member Dunn requested the word endorse be changed
to adopt. The amendment was accepted by Council Member Steinberg.
The motion was modified as follows:
MOTION2020-268
On a motion by Council Member Steinberg, seconded by Mayor Burk, the
following was proposed:
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COUNCIL MEETING November 24, 2020
RESOLUTION2020-116
Adopting the Gateway District Streetscape Plan and Initiating Further Efforts
to Refine the Streetscape Plan
The motion was approved by the following vote:
Aye: Dunn, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Campbell, Fox
Vote: 4-2
c. CARES Act Spending Plan Amendment
Mr. Keith Markel presented Council with an overview of CARES Act
Spending to date and a proposed amendment to the spending plan that
included a reimbursement of between$3.6M—$3.8M to the Town to cover
eligible Police salaries. Mr. Markel noted that there was $3.9M of eligible
expenses and that the money that was budgeted for the Police could then be
reallocated and used elsewhere to help offset the revenue shortfall caused by
the COVID-19 pandemic.
MOTION
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed:
RESOLUTION
Amendment to CARES Act of 2020 Spending Plan
Council and staff discussed the use of the money that would be
reallocated into the General Fund resulting from salaries being reimbursed
with CARES Act funds; eligible Police Department expenses; whether the
Town should return the money to the County; accountability of where the
funds would be spent; needs of the government versus directly providing the
funds to citizens and businesses; potential tax increases and staff reductions if
shortfall is not covered; and, restrictions that could be placed on the money.
Council Member Campbell requested a friendly amendment to the
motion to place a restriction on the use of the money until after the
December 2021 CAFR was presented. Vice Mayor Martinez did not accept
the friendly amendment.
MOTION 2020-269
On a motion by Council Member Campbell, seconded by Council Member
Fox, the following was proposed:
Restricting the use of the General Funds created by the CARES Act
reimbursement of the Police salaries until after the Comprehensive Annual
Financial Review(CAFR)is presented in December 2021
Council and staff discussed if any of the Police Officers went unpaid;
unmet needs of the Police Department, if any; what restrictions Council
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could place on future Councils regarding the use of the funds; how the use of
the funds could help avoid tax increases, service cuts and staff reductions; the
efforts to distribute the funds to businesses and non-profits; and, perceived
intentions to use the money for purchasing the Westpark property.
The motion was approved by the following vote:
Aye: Campbell, Fox, Steinberg and Mayor Burk
Nay: Dunn, Vice Mayor Martinez
Vote: 4-2
Mayor Burk called for a vote on the original motion to approve the
resolution with the addition of the restrictive language regarding the use of the
funds.
MOTION2020-270
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed:
RESOLUTION2020-117
Amendment to CARES Act of 2020 Spending Plan with the restrictive
language added
Council Member Dunn clarified his comments regarding the Westpark
purchase and expressed his concerns over the Town government's use of the
money versus giving it directly to the businesses and citizens. Mr. Dunn was in
support of returning the money to Loudoun County.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Dunn
Vote: 5-1
d. Motion to Approve the Proclamation for Recognition of Public
Service of Town Employees Retiring in the Year 2020
MOTION 2020-271
On a motion by Mayor Burk, seconded by Council Member Steinberg, the
following was proposed:
I move to approve the proclamation for Recognition of Public Service of Town
Employees Retiring in the Year 2020 to be proclaimed at the December 8,
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)
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COUNCIL MEETING November 24, 2020
e. Motion to Approve the Proclamation for Recognition of Electoral
Board
MOTION 2020-272
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the
following was proposed:
I move to approve the proclamation for Recognition of the Electoral Board to
be proclaimed at the December 8, 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)
£ Motion to Approve the Proclamation for Recognition of Leesburg
Police Citizens Support Team
MOTION 2020 273
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed:
I move to approve the proclamation for Recognition of Leesburg Police
Citizens Support Team to be proclaimed at the December 8, 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. None.
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Dunn requested a discussion on the Boundary Line Adjustment
(BLA) at a future meeting.
There was no consensus to add this item.
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COUNCIL MEETING November 24, 2020
Council Member Dunn requested a discussion on why the Town has not been able
to secure signatures from Walmart, Home Store or Home Goods and Microsoft.
There was no consensus to add this item.
Council Member Dunn requested a discussion on why the Town would want to
give away Town water to out of Town customers and bring them to the level of in-Town
customers.
There was no consensus to add this item.
Council Member Dunn requested a discussion on why the Town would be giving
away free water to the County government within the Town, yet Town citizens are still
having to pay for their water.
There was no consensus to add this item.
Council Member Dunn requested a discussion on why the Town would give up its
desire to seek city status based on request from the County.
There was no consensus to add this item.
Council Member Dunn requested a discussion on why the Town cannot bring data
centers into the Town.
There was no consensus to add this item.
Council Member Dunn requested a discussion on the agreement within the JLMA
that Loudoun Water will still be able to provide water within the JLMA in competition
with the Town and why that is acceptable.
There was no consensus to add this item.
Council Member Campbell congratulated Rouge for celebrating 18 years as a
downtown Leesburg business. Mr. Campbell requested a memo on the timeline of the
process with the County for the revenue share agreement and the outstanding issues.
There was no consensus to add this item.
Council Member Campbell commented on the CARES Act funds discussion and
the fiscal opportunity of Council and stated that he hopes future Councils will take their
responsibilities seriously. Mr. Campbell shared his concerns with the Boundary Line
Adjustment negotiations with the County stating that the process has gone on too long and
noted his dissatisfaction regarding Council's refusal of to have a discussion as to where
they are in the process.
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Council Member Fox disclosed that she met with Mr. Taylor Chess regarding the
property at Route 7 and Battlefield Parkway. Ms. Fox echoed the concerns of Council
Member Campbell regarding the Boundary Line Adjustment discussion. Council Member
Fox also stated that Council Member Dunn's comments regarding the use of the CARES
Act funds was not without merit noting it is something that the next Council may wish to
act on. Ms. Fox wished everyone a happy and safe Thanksgiving.
Council Member Steinberg disclosed he had a conversation with Mr. Greg Wigfield
regarding some particulars of the CARES Act funding. Mr. Steinberg wished everyone a
safe and happy holiday.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed that she had a phone call with Mr. Taylor Chess in
reference to what contributions the Peterson Company could give to local non-
profits. Mayor Burk attended a Veterans Day ceremony at George Marshall
International Center on November 11 and thanked them for hosting and Mr.
Dennis Boykin for MC'ing the event. Mayor Burk stated she virtually met with
Senator Boysko, Delegate Gooditis, and Delegate LaRock individually to go over
the legislative packet Council passed for the 2021 session. Mayor Burk noted that all
three were surprised that there was confusion about the remote meeting
requirements and added that she learned later from Senator Boysko that the FOIA
Council would be meeting the following week and the topic is on the agenda for
discussion. Mayor Burk attended the ribbon cutting for Experimax which is a new
business in the Prosperity Shopping Center that sells and repairs electronic devices.
Mayor Burk stated she participated in the kickoff for the Salvation Army red kettles
and noted that a friendly competition between herself and Vice Mayor Martinez on
who could raise the most money. Mayor Burk added that Council Member
Campbell and Council Members-elect Cummings and Nacy will also be
volunteering their time. Mayor Burk welcomed Maverick Coffee Shop in Virginia
Village. Mayor Burk noted that on November 16, Ms. Dodi Summers opened a
program called The Young Kings for young African-American boys that are at-risk.
She said the program works with about 10 to 15 boys three times a week after school
to help with confidence, homework, and life skills. Mayor Burk said she attended a
ribbon-cutting at Cowbell Bakery. Mayor Burk noted that she had a telephone
meeting with Board of Supervisor Sylvia Glass to share their concerns about
Loudoun and Leesburg. Mayor Burk said she participated in the Berg family
reunion where they gave away over 100 turkeys with all the fixings with much of
the fixings coming from Town employees. She thanked Mr. Ervin Green for inviting
her. Mayor Burk congratulated Rouge on celebrating 18 years of being in business
in Leesburg. Mayor Burk commented that she will not miss some of the statements
made by certain Council Members and took the opportunity to praise staff for the
very hard work that they do to make the quality of life in Leesburg worthwhile.
Mayor Burk wished everyone a Happy Thanksgiving.
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19. TOWN MANAGER COMMENTS
Mr. Dentler wished everyone a Happy Thanksgiving and shared how the
staff cares and contributes to the community. Mr. Dentler said he was thankful for
having an outstanding workforce that cares about the community.
20. CLOSED SESSION
a. Town Manager Evaluation
MOTION 2020-274
On a motion by Mayor Burk, seconded by Council Member Steinberg, the
following was proposed::
I move pursuant to Section 2.2-3711(A)(1)of the Code of Virginia that the
Leesburg Town Council convene in a closed meeting for the purpose of discussing
the annual performance of the Town Manager.
Council Member Dunn stated that he would not be participating in the
closed session but would rejoin the meeting when the meeting reconvened in
open session.
The motion was approved by the following vote:
Aye: Campbell, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Dunn
Vote: 5-1
Council went into Closed Session at 8:25 p.m.
Council reconvened in an Open Session at 9:18 p.m.
MOTION 2020 275
On a motion by Mayor Burk, seconded by Council Member Steinberg, the
following was proposed:
In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council
certi.b,to the best of each member's knowledge, only public business matters
lawfully exempted from open meeting requirements under Virginia Freedom of
Information Act and such public business matters for the purpose identified in the
Motion by which the closed meeting was convened were heard, discussed or
considered in the meeting by Council.
The motion was approved by the following roll call vote: Campbell—aye, Fox—aye,
Vice Mayor Martinez—aye, Steinberg—aye, Mayor Burk—aye. Council Member
Dunn abstained as he did not participate in the Closed Session. Vote:5-0-1 (Dunn
abstain)
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COUNCIL MEETING November 24, 2020
21. ADJOURNMENT
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the meeting
was adjourned at 9:19 p.m.
Kelly B rk, or
Town of Lees urg
ATTEST:
E �
Clerk of Council
2020_tcmin1124
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November 24,2020—Town Council Meeting
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate.For greater accuracy,we encourage you to review the video of the
meeting that is on the Town's Web site—www.leesburgva.gov or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: I would like to call to order this November 24th,2020 meeting of the Leesburg Town
Council. If anyone in the room needs hearing assistance, please see the Clerk.Council Member Dunn
will be giving the invocation,and Council Member Steinberg will lead us in the pledge.Council Member
Dunn?
Council Member Thomas Dunn: Thank you. [inaudible] I get to give it to our week of Thanksgiving.
I also want to mention that invocations are where we're calling on our higher deity, whoever
[unintelligible] individual, I encourages that as we continue to call it invocation that Council Members
actually heed that calling and not just have moments of silence. Let us pray. Dear Lord,we thank you
for bringing us here together, and we're thankful so much for this nation that you've blessed us with.
We are so thankful that Your Word tells us that you've[inaudible]of fear, but of power and of love and
a sound mind.
While we can be swayed by the fears that are going on with illnesses and pandemics,we can call upon
You for strength that you'll lead us through that.We're also [inaudible] this meeting tonight, guide us
with Your wisdom.We pray these things in Your Name,Amen.
Mayor Burk: Council Member Steinberg?
All: I pledge allegiance to the Flag of the United States of America and to the Republic for which it
stands,one nation, indivisible,with liberty and justice for all.
Mayor Burk: Members of the public can now participate in the Council meetings electronically. Any
member of the public that wishes to participate in the public portion of this meeting should log on to
Webex,or call in to the telephone number listed on the top of the published agenda.At this point, I need
a motion to allow Vice Mayor Martinez and Council Member Dunn to electronically participate in the
November 24th, 2020 Leesburg Town Council meeting, moved by Council Member Steinberg,second?
Council Member Ron Campbell: Second.
Mayor Burk: Seconded by Council Member Campbell.All in favor indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed?That's 4-0-2. Gentlemen,you now are part of the meeting. I've got two sets of
minutes.The work session minutes for November 9th, 2020, do I have a motion?
Council Member Fox: I'll submit.
Mayor Burk: Council Member Fox. Seconded by?
Council Member Campbell: Second.
Mayor Burk: Council Member Campbell.All in favor indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed?6-0.The regular session minutes of November 10th,2020,do I have a motion?
Council Member Neil Steinberg: So moved.
Page 1 I November 24, 2020
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Council Member Steinberg, seconded by Vice Mayor Martinez.All in favor,
indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed?6-0. May I have a motion to adopt the meeting agenda?
Vice Mayor Fernando"Marty" Martinez: So moved.
Mayor Burk: Vice Mayor Martinez. Second?
Council Member Campbell: I second.
Mayor Burk: Second by Council Member Campbell.All in favor indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed? That's 6-0. We have no certificates of proclamations or presentations. Does
anybody have any regional commissions to report tonight? All right, that takes us to our petitioner's
section. One of the first orders of business is to hear from the public. All members of the public are
welcome to address the Council on any item matter or issue.
Please identify yourself, and then comfortable doing so, give your address for the tape 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 asked 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 phone,you will hear a bell when your time is up. Under the
rules of order adopted by the Council, the five-minute time limit applies to all. Council is now able to
hear from the members of the public. Once we have heard from everyone present in the room,we will
hear from the members of the public on the phone or Webex.The first name on our petitioner section
is Brian Burton. Good evening, Mr. Burton, and welcome.
Brian Burton: Good evening, Mayor and Council people. Basically, I'm representing here, not myself
but the Salvation Army. I'm a kettle coordinator there. I work with Salvation Army for years. I know them
very well. I can represent that by saying that any money raised from the Salvation Army,this core stays
here. We've got a program, a feeding program for every two weeks, we spend about $67,000 on a
regular basis.Tomorrow,we're having a distribution for Thanksgiving at 10 Cardinal Park Drive address.
We welcome anyone that would like to show up and get a Thanksgiving meal.We're looking for people
to help us with our kettle drive. It starts Friday after Thanksgiving. Anyone of you and your networks
and the participants watching this program would like to ring the bell.We're more than welcoming you
to [inaudible]
[bell rings]
[laughter]
Brian Burton: You got it. [laughs]We would love to see you guys do that. My number that you can get
a hold of me is 571-291-5869.Thank you.
Mayor Burk:Thank you.Thank you very much, Mr. Burton,for coming today.Anybody on the line that
would like to speak?
Keith Markel: Madam Mayor,we have one member of the public participating by Webex this evening.
Caller, I'm going to unmute you, and you will have your time to speak then.When I unmute you, you'll
Page 21 November 24, 2020
hear the tone, and that will begin your signal to begin your remarks. You'll have five minutes to do so.
Mr.Thomas, I'm going to unmute you now.
Eric Thomas:Thank you. My name is Eric Thomas, 301 Shiloh Place SE, Leesburg, Virginia. I'm just
participating, so thank you anyway.
Mayor Burk: Okay, thank you, Mr.Thomas. Is there anyone else?
Keith Markel:We have no other callers, Mayor.
Mayor Burk:All right.Is there anybody in the audience that would like to speak that hasn't had a chance
to speak at this point?There being no one, I will close the public petitioner's section, and that will take
us to the consent agenda. We have nothing on the consent agenda. That takes us to the resolutions
and ordinances. The first resolution we have is the Town Council meeting calendar for the year 2021.
Do I have a motion?
Council Member Suzanne Fox: So moved.
Mayor Burk: So moved by Council Member Fox. Second?
Council Member Steinberg: Second.
Mayor Burk: By Council Member Steinberg. Do we have any discussion on this on the calendar for the
next year?In that case,then all in favor of the Town Council meeting calendar for the year 2021 indicate
by saying aye.
Council Members:Aye.
Mayor Burk:Opposed?All right,that's 6-0.The Gateway District Streetscape Plan. Do I have a motion
for this one?
Council Member Steinberg: So moved.
Mayor Burk: Council Member Steinberg. Second? Do I have a second? I'll second that for discussion.
This is endorsing the Gateway District Streetscape Plan and initiating further efforts to refine this
streetscape plan. Do we have any questions on this, Mr. Campbell?
Council Member Steinberg: No question as much as a comment.Again, it was talked about last night
that there are still too many hanging parts. There's still the whole process, making sure it's combined
appropriately with the new Town comprehensive plan and the opportunity I think for the next Council to
weigh in on what. I realize that what we bind today doesn't have to be bind tomorrow, but it's just a
smoother process. I don't support adopting the street plan at this point.
Mayor Burk: Council Member Fox?
Council Member Fox: I had a couple comments as well. There are two things about this that I am
having a problem with at this point. I think the illustratives are beautiful. I think getting a streetscape
plan in place is beneficial for the Town. However, I do not agree with starting with Edwards Ferry Road
corridor. I'm not sure I can endorse something at this point until I know for sure that private property
and until I know what's going to happen on private property.At this point I'm going to pass this as well.
Anyone else have any questions or comments, Mr. Steinberg?
Council Member Steinberg: I'm in support of moving this forward. I think everybody realizes or
recognizes it's the beginning framework. I believe the resolution does state that there's much work to
be done and that work will be continued if not by this Council, by a future Council. This basically puts
us in a position to simply have this work continue and then answer questions the Council Members may
have and address concerns that they may have.Thank you.
Mayor Burk: All right, anyone else have any issues or questions or comments?
Page 31 November 24, 2020
Council Member Dunn: Madam, Mayor?
Mayor Burk:Yes, Mr. Dunn?
Council Member Dunn:Thank you. I would like to request that Council take it one step further and not
just endorse it but pass this because we have zoning ordinances and regulations that always are being
worked on and changes and corrected and moved and added to. I don't think that any of us feel that
this is the final view on this nor once it is passed, if we take two years to pass it will that be the final
view on it. My concern is that to push this off to when the final plan is actually finalize.
We all know that this will become part of the Town plan in whatever form it is.To put off just making this
a [unintelligible] this point is just to delay it. I think it is more important to get it passed and then let
staff continue to work on it and make changes. Again we have plenty of ordinances and policies that
are always being changed and the same thing happens here.Again my concern is to not pass it is going
to cause just further delays and to lump it in with the Town plan I think is to take way the significance of
it. I would recommend us passing it rather than just endorsement.Thank you.
Mayor Burk:All right, Mr. Dunn are you making that a friendly amendment to the resolution?
Council Member Dunn: Yes, I would just say that instead of the wording of endorsing it that Town
Council passes. I'm not sure if this is an ordinance at this point, maybe staff can mention if we pass it
does it need any more official bearing than it currently has.
Mayor Burk: Mr. Spera is going to answer that for us.
Christopher Spera: I think that probably the strongest thing you can do tonight is to adopt it because
this was not presented nor was it noticed as an official zoning act or amendment to the zoning ordinance
which is ultimately what this would become when the streetscape standards are adopted. We haven't
gone through the process to properly notice that up in that fashion but if you wanted to use stronger
language,then endorse,then perhaps you would adopt these and direct stuff to implement them in the
manner described.
Mayor Burk Mr. Dunn is adopting and implementing the Gateway Districts Streetscape Plan and
initiating further efforts.
Council Member Dunn: I would go with that then.
Mayor Burk: Okay, is that all right with you Mr. Steinberg?
Council Member Steinberg: I believe it is.
Council Member Dunn: It's fine.
Rich Klusek: Madam Mayor, good evening, It's Rich Klusek. If I might probably briefly. I was under
the impression that we would need to hold a public hearing as an amendment to the Town Plan in order
to formally adopt this. I guess that's a question for Mr. Spera whether we need a public hearing to
formally adopt it.
Christopher Spera: That's correct and that's essentially what I said is that you're not making changes
to the zoning ordinances at this point but you're adopting them as your own and directing staff to
implement them. They would have to bring it back when they were ready, when Susan and her staff
were ready to bring it back as a component part of the zoning ordinance. This would not do that,
because as I stated earlier,we have not noticed it in that fashion.
Susan Berry Hill: Madam Mayor, if I could just clarify something that Mr. Spera said. The intent here
would be to adopt this as a part of our Town plan, not the zoning ordinance. It would be used to
implement the CIP as well as help with rezonings and special exceptions to use in the application review
process. The intent here is to ultimately adopt it as a part of our Town plan. If the Council wishes to
adopt it tonight,we can certainly move forward with the intent.When the Legacy Leesburg Town Plan
is adopted,we would fold it into that.
Page 41 November 24, 2020
Mayor Burk: Okay. All right. Mr. Steinberg, if you're okay with it. I'm okay with it. All in favor of, and
make sure I'm saying this correctly, adopting and implementing the Gateway District Streetscape Plan
and initiating further efforts to refine the streetscape plan. Is that correct? Okay.All in favor indicate by
saying aye.
Council Member Steinberg:Aye.
Vice Mayor Martinez:Aye.
Council Member Dunn:Aye.
Mayor Burk: Mr. Dunn. Did we lose Mr. Dunn?
Council Member Dunn: I said aye. I said aye. Can you hear me?
Mayor Burk: Aye, and I say aye. That is Ms. Burk, Mr. Dunn, Mr. Martinez, and Mr. Steinberg.
Opposed?
Council Member Dunn: Okay.Thank you.
Mayor Burk: Ms. Fox and, Mr. Campbell.All right,that moves forward. Next one is the amendment to
CARES Act of 2020 spending plan. This is a motion to approve the proclamation for recognition of
public citizen. Now wait a minute. I'm ahead of myself here, wait a minute. Amend the CARES Act of
2020 spending plan.You have a presentation?
Keith Markel: I do.Thank you. Briefly. Good evening, Mayor and Council. I come before you tonight to
provide you an update on the progress made on the Town's efforts to spend the CARES funds that are
allocated to the Town, as well as to ask for your approval of a resolution to allocate the remaining
residual amount of CARE funds yet to be spent.Just briefly to fill everyone in and also want to introduce
Russell Seymour, our Economic Development Director, and Jason Cournoyer, our Management and
Budget Officer here to answer questions and support this item this evening.
Just again, is a little background for you.The CARES Act,the Town received around$9.6 million in two
installments throughout this past summer and into the fall with our first allocation coming in June, the
second round coming in September.As we all know, these must be spent in accordance with Federal
guidelines and requirements. All funds must be spent by December 30th and any funds that are not
spent by December 30th must be returned to Loudoun County, either for their spending or they would
return them to the State.
The Town has approved two spending plans that came before you, the first in June, the second in
September,and the focus areas have always been primarily the business community here in Leesburg
our nonprofits and then the third is the Town response—how is the Town adjusting and supporting the
response to COVID-19. To update you on the progress made on the business grants, the business
infusion grants,to date, we have supplied grants to 344 different Leesburg businesses since June.
I think that's a pretty incredible number and really speaks to the great work of the Town staff that really
went through a lot of applications and the detailed work that it takes to deliver that amount of grants in
a short period of time.You all approved a five-tier grant program ranging from$1,000 to$15,000.We're
very proud of the high grant amounts is significantly higher than what's provided by Loudoun County.
To date, we have distributed nearly$3 million in grants to these businesses here in Town and we've
partnered with Loudoun Economic Development Authority.
They were the organization that was able to provide the funds directly to the businesses as required by
State statute. The Town transferred the money to the EDA, and we thank them for their support in that
process. You also supported nonprofits, you allocated $2 million towards nonprofit grants. We were
able to supply grants to 27 different nonprofit organizations in two different rounds. The grant totals
distributed is$1.4 million to those community groups, and they supported a variety of important issues
that were created because of the COVID-19 pandemic, including housing support for mortgage and
rent assistance,food support, utility assistance, healthcare needs,transportation and distance learning
and enhanced cleaning for businesses and different nonprofit organizations. You can see that they're
Page 51 November 24,2020
just some of the pictures illustrating some of the great works that you all were able to fund with these
CARES dollars.
Recently, you all approved a tent and heater reimbursement grant program. This has been very
successful, we're providing grants up to $5,000 for tents, $2,500 for heaters. Currently, we have 18
applications that have been received by the Town, totaling over$72,000 in request. This will again be
a process through the EDA and distributed to these businesses in the coming weeks and we expect
more to come in. The deadline ends November 30th. The Town response on the Town's end, we've
used these CARES Funds to buy safety equipment for Town Hall. You've seen those improvements
and in different facilities, touchless features, building controls.
We've had building modifications. We've had enhanced cleanings in Town facilities, parks and rec to
keep our rec center safe and the public safe as they're coming in and out of our buildings, which have
not closed at all. Town Hall is not closed at all during the pandemic.We've also provided funding and
support and staff for the very popular downtown expanded sidewalk dining program,which we are going
to continue now into December.We started the summer and continued on due to the success and the
encouragement from the downtown restaurant community.
We've also purchased a great deal of technology to allow the Town's continuity of government during
the pandemic. We have a lot of our staff working remotely who are able to. We've been buying
technology, laptops,webcams, the systems we're using this evening for WebEx, that allowing folks to
participate remotely.All of these things have come together to provide the Town's response.We're also
very happy to share in the good news that the County has supported the utility needs with the towns.
We spoke several weeks ago with the needs for community members who are struggling to pay their
water bills, their gas bills, their electric bills, and the County has allocated $2 million of their funds to
two non-profits who are able to act as the distributors of that money.
Qualifying households can receive utility support from these non-profits and those non-profits pay
directly to the Town or the County or Loudoun Water, depending on wherever the utility bill is due. So
far to date,we have had 18 households in Leesburg take advantage of this program and nearly$10,000
in support have been provided to those 18 households. This program also is going to run into 2021.
Unlike the CARES money,which runs out at the end of December,the County has agreed to fund this
into the new year, so that's great news as well.
The Town has felt the impacts as well of COVID-19.We have projected a$5.5 million revenue shortfall
in 2021, $2.7 million in reductions in cost-saving measures have already been made. We've talked
about those in recent meetings. That still leaves us $2.85 million in additional reductions needed over
the next six months to close that deficit. What are we proposing? This evening, we're coming before
you and asking you to consider allocating the remaining CARES Funds, which have not yet been
allocated to be used for public safety costs that are allowed into the CARES Act to be reimbursed.We
have a surplus in CARES funding that has not been allocated of$3.5 to$3.8 million.
We are recommending that this be used to fund reimbursement of public safety salaries. We're not
buying any new equipment, new programs or new positions being funded. This is really just to fund the
salaries,which will provide some of that closure in the gap that we have with our revenue shortfall.What
does this look like?We have a personnel cost that are eligible for reimbursement of$3.9 million. You
have less than that in your available CARES funding, so all of that money can go towards the salary
reimbursement. Our ask this evening is for you to consider the adoption of the draft resolution that's
included in your packet to modify the spending plan, which includes the allocation of those unspent
funds to be used for Police Officers'salaries. I'm happy to answer any questions and we've got my team
here as well. Do you have any questions you'd like to discuss.
Mayor Burk: All right. I need to get a motion and a second before we can start the discussion. Do I
have a motion to amend the CARES Act of 2020 spending plan?
Council Member Steinberg: So moved.
Vice Mayor Martinez: Motion to approve
Page 61 November 24, 2020
Mayor Burk: Vice Mayor Martinez, seconded by Council Member Steinberg. Now anybody have any
questions concerning this? Ms. Fox.
Council Member Fox: I have a few. Let's see. I was just doing quick math there and I took a look at
the staff report too. It's about$4.372 million is what we were able to disperse to businesses, non-profits,
and tents and heater efforts, correct?
Keith Markel: I'm sorry.What?Yes, ok.
[laughter]
Keith Markel: I thought he had something [crosstalk]
Council Member Fox: I'm trying to redo my math real quick and show it.
Keith Markel: These masks don't help us with body language, so I apologize.
Council Member Fox: That's okay.At the beginning of your presentation, you said with both waves of
funding that we got it total about$9.6 million.If I did quick math,that means there's about$5.3 in excess,
correct for the Town.
Keith Markel: $5.3 million in excess? No.
Council Member Fox: How does that math work then?Tell me where the discrepancy is.
Keith Markel: So we've had the$9.6 million that we've received and then you've got this the spending
plan draft and it's probably the easiest place to look at that,to break that down for you.You can see to
date,we've had$2.9 million in the business grants.We've had$2.4 million in the local nonprofit funding.
Council Member Fox: $2.4 or$1.4.
Keith Markel: I'm sorry. $1.4, in the nonprofit funding.The tents and heaters is a much smaller amount
but that's a moving target. Right now we're at 70 and we expect that to increase. Then we have the
Town government response,which is still a moving target here for you.Today,we've spent$5.8 million
in our utilized amount, leaving us$3.4, $3.5 million in that neighborhood in remaining balance.
Council Member Fox: For the Town government response, and whatever is left over for allocation
somewhere is all going to be Town. What I'm saying is, the Town is getting the bulk of these CARES
Act funds?
Keith Markel: The majority, yes.
Council Member Fox: Public Safety reimbursement, the salaries that you're talking about that we've
already paid off some salaries, you're talking about normal salaries, overtime, what exactly is that
reimbursement?
Keith Markel: These would be officer salaries so it does not include administration. It does not include
dispatch, but it's frontline staff,these would be officer salaries.
Council Member Fox: That wasn't covered by last year's budget.
Keith Markel: It was covered, but it is allowed to be reimbursed to the CARES Act. If you don't spend
it on an allowable expense,the money has to be returned to the County.Your option is to return to the
County or to use it on an eligible expense.The only eligible expense that we have at this point because
we have to have all this spending wrapped up in less than a month would be to go towards Police
salaries.
Page 71 November 24, 2020
Council Member Fox: If we did that, is that an allocation line items for the next budget that doesn't
seem—We don't have the budget yet. How does that work? If it's something we pass, is that going into
just the general fund for us to use and decide on next year?
Keith Markel: It goes to the general fund that replaces general fund dollars that have already gone to
spend on Police salaries and those dollars that would be spent in the remaining weeks here of this
calendar year.What that does is moves money that otherwise would have been spent on salaries back
into the general fund. It all comes out of the general fund.What we have is a deficit in revenue coming
in.What this does is help close that gap that you have where you've had declining revenues coming in,
we still have that$2.8 million gap to close.This allows you to close that gap.
Kaj Dentler: To add one point to that the equivalent amount that comes out of the Police Department
because you're going to approximately$3.6 million into the Police Department for CARES Act that same
amount comes out of the Police Department budget and is pushed over basically in reserve to make
sure we take care of the deficit issue. It's not used for any other purposes.
Council Member Fox: It's not used for any other purposes.
Kaj Dentler: It's used for us to manage that. Now Council can ultimately make decisions on how to
appropriate but we will move it into the unassigned fund balance area and it's not used. It's just used to
manage the deficit. That's part of the strategy that we were able to take advantage of because of the
money that's left on the table.
Council Member Fox: You're saying next year's Council can appropriate it any way they want to.
Kaj Dentler: Right. The Police Department doesn't get additional $3.6 million to spend however they
want.They're going to lose that same amount that you're giving them.You give it then you take it away.
[unintelligible] manage that way.
Council Member Fox: I think I get it.Thank you.
Kaj Dentler: That help you?
Council Member Fox: That helps.Thanks.
Mayor Burk: Any additional questions? Mr. Campbell,
Council Member Campbell: I guess I want to build a case for really looking at further restrictions on
the use of this money and primarily because I think we owe our citizens this conversation. It's not about
what we failed to do but this money was never intended to do anything than to do more. I think we all
agree on that, about rescue operations for our nonprofits, as well as for our businesses, and ultimately
the impact that we wanted to have. I think the presentation glosses over the reality of,we can talk about
332 grants but what percentage of that is how many businesses?
We have over 1,200 businesses. If we talk about$2 million that the County has in utility funds, and we
talk about 18 residents, and we know we have a greater need than that, I don't want anyone to think
that somehow that we did the best. I'm not talking about job performance. I'm just talking about the use
of the funds. When it comes down for me the use of the funds, and where we are today, the lesson
learned isn't what can we do now but what can we do to really ensure the future if this money is to truly
be used? That's the part that we haven't talked about yet. Part of my question is about what further
restrictions can we place on the money so that it's used appropriately,and even at the appropriate time?
I would ask that question,first of are there other restrictions can we put on the money that it not be used
until an appropriate time? Let me give you the answer to the question at the appropriate time. At the
end of the next fiscal year when we have the CAFR report that really talks about the financial status of
the organization. Then any redistribution should happen at that time because I think it would be
inappropriate to happen during the next budget cycle before we know what the outcome is. Is that a
possibility?
Page 81 November 24, 2020
Kaj Dentler: Yes.Council in a resolution, you can approve a language that allows the money that falls
out, it's just going to use the $3.6 million as example, because that appears to be the number at this
point.You place that in essence,a restricted account,or you restrict the use of it only for the deficit and
then you let it as the final financial report is conducted.The audit next fall,that any money that ultimately
falls out as a surplus of the budget,then could be used for other things.You can place language in the
motion to do that.
The only caution I can tell you is that obviously, you can't bind another Council. The next Council in
January could change that. For tonight,yes,you could give guidance of how you want that money used.
I think what you're saying you want to make sure it's used for the budget deficit situation, and you wait
to see what the final fallout of that is in fact works better than I do.
Council Member Campbell: It doesn't[unintelligible] reality.We're not out of the woods.This doesn't
help you, and stop the bleeding,for other bleeding that's still going to occur. Any use of this money at
this point to do anything else is I think inappropriate,and not within our best fiscal practices.That's why
I think there has to be restrictions.The other question I have, and again, it's not in a report, but what if
we fail to act?What's at stake? If this money is not used in a way that is being offered to be used what
happens?What's the worst case scenario?
Kaj Dentler: I'm going to answer that? If Council does not take advantage of this opportunity to sit
before you and we have a $5.5 million deficit. If we don't, or if we're not able to take advantage of this
$3.6 million, and that deficit has to be closed another way, and the most likely scenario is that we will
be faced with a tax increase in FY 22, which is not my intention, as I've already told you that and/or
you'll be looking at service cuts, possibly staff reduction cuts. If you reduce staff, you automatically
you're going to reduce service levels and you may impact—
To me as the one that is to give you the advice is a catastrophic financial decision not to take advantage
of these dollars.This was not part of our initial plan.This was the last thing left to us to use. If we don't
use it in an eligible way for Police salaries, we completely shoot ourselves in both feet and we place
ourselves in unnecessary financial burden beyond where we already are. The money that's left over
the last point goes to the County. We're still left with the deficit and we did not play all our cards. My
professional recommendation is that would be a horrible financial decision not to take advantage of it.
That is your decision to make. I can only advise.
Council Member Campbell: Thank you.You've made my case and that's why it's important to restrict
the money because one, it's a continuing problem.Two,we have to make sure that we have the ability
to have these relief valves. The only relief valves that you have, at this point at your disposal you've
already used. You've restricted hiring. I don't know what the plan is actually about salary increases or
anything else.The reality is you've done all you can do. If we already take this use of the money, then
I think that we have to restrict its use and it becomes not a tool for Council, but a tool for management
to really look at the best practices that they can offer to Council at the appropriate time. I would ask for
the amendment be made to the motion, that we restrict the use of the funds until after the presentation
of the 2021 CAFR next December.
Mayor Burk:Well, I got to find out-
Council Member Campbell:Well, if its not accepted—
Mayor Burk: Council Member Steinberg do you accept that?
Council Member Steinberg: [inaudible]
Mayor Burk: Oh, Martinez you're right on that.You're the seconder.Vice Mayor Martinez?
Vice Mayor Martinez: No, I do not accept it.
Council Member Campbell: I'd like to make a motion that we restrict the use of funds until after the
presentation of the 2021 CAFR next to December.
Council Member Fox: I'll second that.
Page 91 November 24, 2020
Mayor Burk: Okay that's made by Council Member Campbell,seconded by Council Member Fox.Any
additional discussion?
Council Member Campbell: Yes. Again, I think we've heard very clearly tonight, what dire fiscal
situation that we're in. I think, again, because the Town Manager has presented us this important use
in terms of this particular plan to reimburse for Police costs,to be able to be in a better financial stable
situation, and use this as a reserve to do so any other way, is not fiscally responsible, and in fact, puts
us at greater risk. I believe that this motion contemplates the full trust and faith in the Town staff, and
the finance team to make those recommendations and not be seen as somehow some surplus back for
next year's spending as even Council may desire at that particular time. I would strongly urge this
Council to act responsibly.
Mayor Burk:Any additional comments? Ms. Fox.
Council Member Fox: Yes. I was listening to the Council Member Campbell and I have to agree with
him. These funds were always meant to help folks in this crisis. Going forward it is fiscally responsible
to have this reserve and if it's going to help in any way to keep taxes at bay,it would be very responsible
to do so. However, if we don't restrict it in this way, I would vote to go ahead and send it back to the
County.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg:Thank you. I'm going to support this motion because I think to forego the
funds in any way would indeed be irresponsible. It seems to me that anything we do is helping the folks,
whether they're getting the money directly, or we're able to maintain levels of service, that give them
the things they need in a trying time, so to speak, is the responsible thing to do. I think everybody on
this Council and staff is acting in a responsible manner. I don't see this as a money grab by government
in any way.These funds were made available.
We made the best faith effort to distribute them through and to the residents. Perhaps in Leesburg
anyway, maybe things were not quite as dire for some people as we thought but the fact is a lot of the
funds went unspent.We do have an opportunity to take these funds and use them for the benefit of the
community and the residents. I'll support the motion.As Mr. Dunn has said this does not in any way or
can we in any way bind the next Council. Come what may in January in any case, but I will support it.
Thank you.
Mayor Burk: Mr. Dunn or Mr. Martinez?
Council Member Dunn: I appreciate Mr. Campbell's motion. Unfortunately, I don't think it's strong
enough. Please, Mr. Campbell, if I misunderstood you, let me know.As I understand the motion, it is to
restrict spending the funds until the next CAFR was mentioned.Maybe the chair could repeat the motion
for me,just to make sure I have it correct.
Mayor Burk: To restrict the use, and Eileen, you're going to have to help me, of the final funding, until
after the CAFR presentation. Is that correct, Mr. Campbell?
Council Member Campbell: December, 2021.
Mayor Burk: Of December, 2021.You got that?
Council Member Dunn: The only issue I have with that is, it's not really restricting it for any other
spending, until a certain timeline, but it's saying that after that point,the spending could be on anything
that any Council feels like. Additionally, the next Council can come in and change the wording of that
and cancel that motion. They can go forward, because we can't bind any future Council to anything.
Unfortunately, this is a money grab, contrary to what the other Council Members may think. Frankly,
the government succeeds in its financial obligations,when the community succeeds, as a government
body, both Council and staff.
We made efforts to give the money away, staff came up with, at our last meeting, a lot of reasons why
the money just couldn't be given away.There was just not a lot of accountability.Yet now,staff is asking
Page 101 November 24, 2020
for no accountability on this money. It will go into the general fund, and that once it's in there, any and
everything can be done with it.We are not using this money to support our Police Department. Please
staff, Kaj, any one of you, you tell me how many officers went unpaid during COVID. Can you answer
that for me, Kaj?
Kaj Dentler:All the officers who have worked have been paid.
Council Member Dunn:You said that all officers have been paid?
Kaj Dentler: All officers and employees who have worked, have been paid as they are required to be
paid.
Council Member Dunn: How many officers were you going to lay off?
Kaj Dentler: I haven't heard that--I haven't gone down that path, Mr. Dunn. I would not want to discuss
that in public.
Council Member Dunn: No, I'm sure you wouldn't because there weren't any going to be laid off. Let's
face it.Town staff found out that they could use this for Police Officers,yet we don't have a need in our
Police Department for these funds.Yet we're going to claim that we do,and instead of giving this money
to the public,which is where it was supposed to go,we're going to claim that we're using it for the Police.
Put it in at the general fund, and there it can be allocated for anything and everything. Mr. Campbell, I
appreciate your resolution.
I think it would need even stronger wording to ensure that it wasn't used. Let's face it,the new Council
and there's three democratic members of this Council, who have decided that the best use of Town
funds right now are to give to a millionaire so they can secure Westpark. It just so happens this money
is pretty close to that. I'm not interested in taking money that should have been going to the mouths to
feed people in the public, give to the government who found it very convenient to not be able to give
the money away, and now are finding ways where it can have the money, put in the general fund and
use that money to give to a millionaire, to work out getting Westpark. Frankly, I think that's what the
goal is here. Staff mentioned it last time, they always go to, "If we don't get the money we need, we're
going to either raise taxes, or we're going to cut services."
Then the services that want to get cut are the services that most impact the citizens directly.You never
hear about mystery employees who end up getting laid off.We sure do want to cut back brush pickup
and trash collection and then services that directly impact the public. Unfortunately, I don't know that I
can accept this resolution in the form that it is.
I don't know, Mr. Campbell, if we can come up with a resolution strong enough, that will prevent the
next Council from spending this money in a way that they've already said throughout their whole
campaigns, we want Westpark, we want Westpark. Frankly, I think the best thing to do is vote down
this resolution, give the money back to the County because you know what, I think the County doesn't
care about Westpark.
They'll go ahead and use the money to help the public,which could help people in Leesburg. Frankly,
we're not helping the Police. We're just putting in our general fund. This is a lie. This is not the truth,
this is not what the money is really supposed to be used for, and there's no accountability on it once it
goes in the general fund.
I can't support this resolution nor can I support us continuing to take this money and use it improperly.
We'd be better putting it out in the public.Thank you.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: I'm here. I am in complete disagreement with Mr. Dunn. I'm also don't believe
that this is a money grab. Also I find it ironic that we never talk politics or talk about Democrats or
Republicans unless it comes from him. This has nothing to do with partisan politics. It has to do with
what is best for the Town citizens and best with the Town. Mr. Dentler, can you please address Mr.
Dunn's and Mr. Campbell's concerns for me?
Page III November 24, 2020
Mayor Burk: [laughs] Can you address Mr. Dunn's concerns?
Kaj Dentler: Me?Oh, I was hoping he was asking you.
Mayor Burk: No.You got to address his concerns and Mr. Dunn's concerns.
Kaj Dentler: Mr. Dunn covered a broad stroke from his perspective, and he's entitled to that
perspective. I don't agree with it. It is somewhat professionally challenging some of the statements that
he's made. He's entitled to make those statements. Our position, my job is to provide you professional
advice.You have$3.6 million that is going to be leftover,where it's going to fall out from the distribution
that we receive.
You have an eligible expense that you can apply that to. Why would you not take that? Other
governments are doing that. You can then, you take that equivalent amount away from the existing or
current FY 21 Police budget. They're not gaining one cent more. You can place that in an attempt to
restrict it, reserve it until the CAFR comes out, if you wish to go there.
End of the day,as Mr. Markel said that money is going to go to the general fund.The audit will be done
in the fall. It will determine if there's any surplus left over at all in the end of'21. I would just simply state
that I don't agree with much of what Mr. Dunn said. I respect the fact that he has the right to say it. My
professional advice is to follow what I've already guided you on.
Vice Mayor Martinez: Is this is a conspiracy to buy Westpark?
Kaj Dentler: Not part of any conversations about Westpark. The Council has already directed myself
and the staff.We're not to be engaged in conversations with Westpark.We're not to do any efforts, no
appraisals, nothing.That is what we have done.We're not part of anything. If anything else is going on
it's outside of staff.
Vice Mayor Martinez: Is your goal to take the$3.6 million put into general fund and use it any way you
want to or are you going to apply it to Police salaries?
Kaj Dentler: No. Even if Mr. Campbell's motion or language wasn't approved, my job is to close to$5.5
million budget deficit by June 30 of'21. I've got to close that.The$3.6 million helps with that obviously.
If I don't have that then I have to still find a way to do it, but it's going to require some pain and effort to
get there.
Vice Mayor Martinez: When you tell us that this$3.6 million can help close our budget gap, that if we
don't take advantage of the tools we were given, that you are going to have to layoff people. You are
going to have to cut services. Now,the decision that this Council is going to make for the next Council
is what do we cut?
Council Member Fox: Totally[inaudible].
Vice Mayor Martinez: Correct?
Kaj Dentler: If you don't provide that allocation, I still have to close a full$5.5 million deficit,which will-
-everything is on the table. I have to hope,as you have to hope,that we don't have a further dip through
the winter months. We've revised our estimates from the approved budget. We brought them down.
Some of the numbers have been a little better than what we revised, but that was through the summer
and the fall.
We don't know what's going to happen in January, February, March. What if it's worse than what we
even know? Hopefully, it's better. The deficit number could be higher than $5.5 million. If you think
about,in order perspective,we have about a$60 million general fund budget.We were originally looking
at an$8 million budget deficit. $8 million plus out of 60,that's a lot.We're below that.
I don't know how we justify to the public that we did not take advantage of this, and we left the budget
deficit as high as it could possibly be, even if you restrict it. End of the day,the final comment, I have to
balance the budget. I have to do that. If I don't do that, then you should find a new manager.
Page 121 November 24, 2020
Vice Mayor Martinez: Thank you, Mr. Dentler. Mr. Spera, on the allegation that were made by Mr.
Dunn about the, "this is just a money grab to buy Westpark,"what's your response?
Christopher Spera: I will simply echo what Mr. Dentler said. I am unaware, no one in my office has
been working on, nor have I been instructed to do anything with respect to the acquisition of that
property.
Vice Mayor Martinez: And are you—never mind. I think I'm not going to carry it any farther than just
saying this. I feel that this motion and this move is for the good of the Town. Unlike some people in our
Council, I have faith in our staff and what they're doing. I believe that they're trying to do the best they
can for the residents. Everybody talks about the responsibility of the Town Council, and how we have
to represent our residents and all this.
Yet,they talk this talk, but when it comes time to keep$3.6 million for the Town of Leesburg, and some
are saying, "Oh, well, let's just give it back," or, "Let's not use it until next year, next December." I'm
sorry, that's not serving the good of Leesburg and serving the residents. I am not going to support this
resolution or this amendment, and I don't see how we can. I don't think it's fair to the next Council to
handicap them.
It's really unfair to our staff and our executive department heads to leave them in the lurch, when we
don't need to. Even though I enjoy Loudoun County, I enjoyed the Town of Leesburg, and I want to do
everything we can to help everybody. I'll be damned if I'm going to get back $3.6 million back to the
County if I can help it.Thank you.
Mayor Burk:All right.Thank you,Vice Mayor Martinez. I just want to go on record also with saying that
I completely disagree with Mr. Dunn. It's sad that he feels the answer to a discussion is to call names.
Council Member Dunn: Point of order. Point of order. Point of order. It is improper according to our
rules to be mentioning the Council Member's name.
Mayor Burk: [crosstalk] I am going to understand the intentions. Excuse me, Mr. Dunn?
Council Member Dunn: You can refer to the Council Members, but to call our Council Member by
name is inappropriate. Thank you.
Mayor Burk: All right, Mr. Dunn. Thank you.While I disagree with this, a rendition of what staff is up
to,that's the most ridiculous thing I've heard of. It's very insulting and inappropriate. I understand what
Mr.Campbell is attempting to do. I don't 100%agree with it. I believe that we should allow the Manager
to make the accommodations. I think that's what he would end up doing. I'm going to support it for that
reason.
To send back money to the County at this point when we can use it to make sure that taxes are kept
lower, I think it's an important thing to do and it is helping our public, all of the public who has to pay the
taxes. We can't be so cavalier as to suggest that helping people by lowering their taxes or not raising
their taxes, is not a good thing. It most certainly is. I will call the vote on this.All in favor indicate-
Council Member Campbell: Excuse me, Madam Mayor. Final comments.
Mayor Burk: Yes, sir.
Council Member Campbell: Two things. One is, let's be clear, this motion does empower the Town
staff and it does give them the necessary cushion and leverage that they do need to make future
decisions, because this is not an economic recovery plan. I think the Town Managers are right to point
out.
I'm not as optimistic that things will get better given the nature of COVID and where we are today, and
that we really don't have a clear picture of the economic impact on our businesses. It's not like we go
back to things as normal, after almost a year in this situation. Even if we went back to normal business
hours,we don't have the same number of businesses.
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So I don't have this rosy picture that somehow things will get better soon. I do believe, as you pointed
out a three or four-year plan, we can get back on our feet. This helps us. My question still is about, is
there anyway, and I agree, Mr. Dunn, and I will call you out by name on this, because you called me
out by name, that this is not as tight as I'd like it to be.
It can't be unless there's a different way to encumber these funds,Mr.Cournoyer or Mr.Spera,if there's
a different code or statute that allows us, again, not to tie the Town Manager's hand but to really give
the next Council an opportunity to fairly look at the situation, fairly understand the budget and the
implications. Then look at this source of money as a tool. A tool to be available not to be a tool to be
used now.
And no while the next Council may change or do something differently, the reality is I think that's what
would take the use of these funds irresponsibly out of the Town Managers hands,and call for spending
to be done for whatever it may or may not be differently than his plan. I really believe that this is the
most responsible way to move but is there any way to encumber these funds differently?
That's a question,than just simply writing a motion to restrict it.There's no place—no piggy bank to put
it. I'm hearing nothing.
Christopher Spera: I've got no answer for you. Unfortunately, I cannot think of a way that you can
encumber these funds at this time, in the manner that you-- you can certainly adopt a resolution with
the language that you proposed that is expressing the will of this Council, but you can't bind the
subsequent group when it comes in.
Now, I will say that the numbers aren't going to change when we get to January and there's three
different members of this body. There's still going to be the same deficit and the same Manager trying
to wrestle with the same problem.
Council Member Campbell: Right. My point is, what this resolution does, again, is to protect their
future. It doesn't take it away. Not to have this restriction, I really believe just allows it then to maybe be
subject to other needs but we've told today, right here, these are the primary concerns, these are the
primary issues, and this is our primary responsibility.
I hope again, that we would have the votes in favor of putting this limited temporary restriction on the
use of these funds.
Mayor Burk:All right. I'll call the vote.All in favor indicate by saying aye.
Council Members:Aye.
Mayor Burk:We have Ms. Fox.
Vice Mayor Martinez: Madam Mayor, can you specify what are we voting for?
Mayor Burk:You are voting for,thank you for asking me to repeat that, to restrict the use of the-
Christopher Spera: Madam Mayor, if I may,the way that I've got it noted is, restrict the general funds
created by the CARES Act reimbursement of eligible Police salaries.Mr.Campbell,are you comfortable
with that?
Council Member Campbell: [unintelligible] use again until after the 2021 CAFR Report.
Christopher Spera: Right. I didn't think that was the portion that the Mayor was struggling with. It was
the language on—
Mayor Burk: Thank you.
Page 141 November 24, 2020
Christopher Spera: So I think that the motion is to restrict the general funds created by the CARES
Act reimbursement of eligible Police salaries,from allocation in the manner that Mr. Campbell just said,
until the end of the CAFR process.
Mayor Burk: Correct.All right, Mr. Martinez? Is that all right, Mr. Martinez? Mr. Martinez,can you hear
us?
Vice Mayor Martinez: Thank you.Yes, I got it.Thank you.
Mayor Burk:All right.All in favor, indicate by saying, aye?
Council Member Steinberg:Aye.
Mayor Burk:That is Ms. Fox, Mr. Campbell, Mr. Steinberg, Ms. Burk. Opposed?
Vice Mayor Martinez: Nay.
Mayor Burk: Mr. Dunn?
Council Member Dunn: Nay.
Mayor Burk: Mr. Martinez.All right. Moves forward.All right.The next thing is the--[crosstalk]
Christopher Spera: Just so we're clear, Madam Mayor. We would have to add that language to the
resolution.
Mayor Burk: Oh, oh, okay. You're right. That was a motion to the original amendment. I mean, the
original motion.
Christopher Spera: Correct.
Vice Mayor Martinez: Now, it's part of the original amendment.
Mayor Burk:That was made by Vice Mayor Martinez and seconded by Council Member Steinberg.All
in favor of that motion, which is, amend the CARES Act of 2020 Spending Plan, adding the motion we
just made.All in favor, indicate by saying, aye?
Council Member Dunn: Madam Mayor.
Mayor Burk:Yes.
Council Member Dunn:We can speak to this motion. Correct?
Mayor Burk: If you feel compelled.Anyone feel compelled?All right.All in favor indicate by—
Council Member Dunn: Madam Mayor.
Mayor Burk: Yes, Mr. Dunn.
Council Member Dunn: I would like to just say that it was very convenient for a Council Member or
Members to talk about conspiracy theories.That's a neat way that's often used by politicians to distract
from facts. I never used the word conspiracy, and I never said Council or a staff was involved in said
conspiracy.
I said that there were people who were running for office,who were saying that what they wanted to do
as soon as they got in office, was see that we got Westpark. It was convenient that these funds are
equal to the funds that were going to be given for Westpark. It really doesn't matter what these funds
would be given to.Again, the money was supposed to go to citizens and businesses in need.
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Staff conveniently found it difficult to be able to give that money away,even though there were a number
of suggestions that were given by Council Members, simple suggestions. When we had our last
meeting, it was said by a staff member, that they were in effect doing what Council had suggested,
which was not true, on one issue and that they would have to go through and be willing and able to
make an accountability of how they gave the money away.
It's interesting, now that the money is going to go to Town government that the accountability thereof is
going to be lacking.We all know that this money is not going to the Police. It is going into the general
fund to be spent, however staff deems appropriate. Government gets its funds and succeeds when the
community succeeds.
I think it is inappropriate that the government is going to be going forward and using this money to
supplement primarily staff salaries, when there are people who are in line getting food to feed their
family. That is the shame of this whole process. I want to point out two issues. One, it was just a little
while ago that Mr. Dentler himself was saying, "We should be giving this money back to the County."
Council was ready to do that, until he found out, "Oh, wait a minute. There might be a way that the
government can get this money."Two, when we were looking for ways to help the community, it was
brought up a suggestion of, "Maybe we could waive the meals tax, to just try and generate people to
decide they're going to spend money in Leesburg rather than outside of Town."
The response by the Town Manager was,"That's our money,"meaning the government's money.That's
how he thinks about this. That's how staff thinks about it. Yes, that makes that a government money
grab, when this money is being taken out of the mouths of women, children, unemployed, business
owners who are going out of business.
If we could help those people with funds in their pocket,they spend it in the community,thereby raising
tax revenue, and the government succeeds when the community succeeds.This is a way of making it
so that the government succeeds and the community is still suffering. I can't support this motion the
way it is.
I think it'd be better to give the funds to the County who will then make sure it gets out to the community
and not into the pockets of Town government.Thank you.
Mayor Burk:All right.All in favor indicate by saying aye?
Council Member Steinberg: Aye.
Mayor Burk: Mr. Steinberg.
Vice Mayor Martinez:Aye.
Mayor Burk: Mr. Campbell.
Vice Mayor Martinez:Aye.
Mayor Burk: Mr. Martinez, Ms. Burk. Opposed?
Council Member Dunn: Nay.
Mayor Burk: Mr. Dunn. Ms. Fox, I don't have your--you're an aye?
Council Member Fox:Aye.
Mayor Burk: Not an enthusiastic aye but an aye. Okay.All right. Thank you, gentlemen.Appreciate it.
The next one is a motion that I will make to approve the proclamation for recognition as a public service
of Town employees retiring in the year 2020. Do I have a second?
Council Member Steinberg: Second.
Page 161 November 24, 2020
Mayor Burk: Seconded by Council Member Steinberg.Any discussion?All in favor indicate by saying
aye?
Vice Mayor Martinez:Aye.
Mayor Burk: Opposed?
Council Member Dunn: I abstain.
Mayor Burk:That's 5-0-1. Motion to approve a proclamation for recognition of the electoral board?
Vice Mayor Martinez: So moved.
Council Member Steinberg: So moved.
Mayor Burk: I moved it. It's seconded by Vice Mayor Martinez.Any discussion?All in favor indicate by
saying aye.
Council Members:Aye.
Mayor Burk: Opposed?
Council Member Dunn:Abstain.
Mayor Burl: And abstain. The last one is by Vice Mayor Martinez. Proclamation for the recognition of
Leesburg Police-citizen support to be proclaimed on December 8th,2020.All in favor?I need a second.
I'm sorry.
Vice Mayor Martinez: Second.
Mayor Burk: No Mr. Martinez,you moved it.As Council Member Steinberg second.All in favor?
Council Members:Aye.
Mayor Burk: Opposed.And abstain?
Council Member Dunn:Abstain.
Mayor Burk: 5-0-1. All right. We have no public hearings or unfinished business. Mr. Dunn, do you
have any future additions to Council meetings or disclosures or comments?
Council Member Dunn: Yes, I'd like to get a update on the boundary line. I can't even say what the A
stands for now. I'm all flustered. Boundary line agreement adjustment,whatever it is,from staff.
Mayor Burk:Are there four people that are interested in that? Mr. Campbell, Ms. Fox, Ms. Dunn. You
don't have enough to pass that forward.
Council Member Dunn: Okay. I'd like to have a work session on why the staff is not able to successfully
negotiate our discussions with the County. It's been almost four months since we've heard anything,
and there must be a little success going on. I'd like to know why that is.
Mayor Burk: Mr. Dunn would like to have a work session on why staff is not able to successfully
negotiate with the County. Are there four people interested in that? Mr. Campbell, Ms. Fox. Mr. Dunn,
that does not move forward.
Council Member Dunn: I'd like to have a discussion on why we are not able to secure signatures from
Walmart, and I think it's the Home Store or Home Goods and Microsoft.
Page 171 November 24, 2020
Mayor Burk:Are there four people that want to have a work session on why we cannot get signatures
from Walmart, Home Goods, and Microsoft?
Council Member Fox: Signatures [unintelligible]?
Mayor Burk: I am assuming he's talking about the BLA, the letters from the different businesses. Mr.
Dunn, you're the only vote on that one.
Council Member Dunn: I'd like to have a discussion on why we would want to give away our water at
out of Town water rates to out of Town customers and bring them to the level of in-Town customers?
Mayor Burk: He would like to have a work session on why we want to give out-of-Town rates customers
the same rate as in-Town customers?It's Ms. Fox, Mr.Dunn, Mr.Campbell.That doesn't move forward.
Council Member Dunn: I'd like to have a discussion on why we would be giving away free water to the
County government within the Town,yet our Town citizens are still having to pay for their water.
Mayor Burk: Is there four people that would like to have that discussion? Mr. Campbell, Ms. Fox, Mr.
Dunn. That doesn't move forward.
Council Member Dunn: I'd like to have a discussion on why we would give up our desire to seek city
status based on request from the County.
Mayor Burk: Is there four people that want to have that discussion?Ms. Fox, Mr. Dunn.That does not
move forward.
Council Member Dunn: I would like to have a discussion on why we cannot bring data centers into the
Town.
Mayor Burk: Do we want to have a discussion on why we cannot bring data centers into the Town,
which we can, but four people that want to do that? No. Mr. Dunn.That does not move forward.
Council Member Dunn: I would like to have a discussion on the agreement within the JLMA that
Loudoun Water will still be able to provide water within the JLMA in competition with the Town and why
that is acceptable.
Mayor Burk: All right. Is there four people that want to have a discussion on why the Loudoun Water
can provide water to the JLMA? Ms. Fox, Mr. Dunn.That doesn't move forward.
Council Member Dunn:That's all I have.Thank you.
Mayor Burk: Mr. Campbell?
Council Member Campbell: Yes, I have no disclosures. I do want to congratulate Frank and Anita
Henry on 18 years of Rouge being in downtown Leesburg. It's a wonderful shop. Congratulations to
them. I do want to make a couple of comments.Well, let me talk about an additional item. I really want
to report, a memo. Can we get a memo on the timeline of the process with the County for this revenue
share agreement and the outstanding issues?
Mayor Burk: A memo on the timeline and outstanding issues? Are there four people that want to do
that? Mr. Campbell, Ms. Fox?
Council Member Dunn: Yes.
Mayor Burk: Mr. Dunn. That doesn't move forward.
Council Member Campbell: Let me make a couple of comments. One, I think there was an important
discussion tonight, and it's not just about fiscal responsibility, more of fiscal opportunity.The integrity of
Page 181 November 24, 2020
that opportunity at the end of the day will only be measured by what is done with it. I'm hoping that in
the future,the future Councils will seriously take a look at the responsibility that they do have.
It is a difficult job, it is an economic recovery opportunity. It isn't just pouring money into a hole, because
we don't have enough money. This is the last big chunk of money to really look at. I really hope and
believe that at the end of the day, the responsible things will be done. And talking about responsible
things, I think is irresponsible that we've gone on this long.
Looking at our responsibility and what we started with a boundary line adjustment agreement, where
we were in the process and where we were told we were in the process, and what outstanding issues
were presented.This Council still refuses to have that discussion. I think it's irresponsible to the public,
given the issues that are out there.
It doesn't matter what the next Council does.That's not going to change the facts that this Town has to
do something that it probably doesn't want to do but we'll do it just to take the money. Here we have
something that we did tonight to take the money because we thought it was a responsible thing to do.
If that's the logic,then taking the money regardless of the terms and conditions that will be offered,will
be seen as the only responsible thing to do that will absolutely cripple this community. I really believe
that those issues are best to be talked about and addressed now and not later, but to hide them from
this Council is irresponsible.
Even if it's this Council that votes to do that by three to three deadlock.That is just simply irresponsible
to go along on this amount of time, with issues this important to what we've been told and what was
been presented to the financial health and wellbeing. What we're being asked to consider is less than
just the financial wellbeing. It is about the relationship with Loudoun County.
Let's be clear, and it is about the relationship that they want to impose upon the Town and the Town
citizens by use of this document and this process and by keeping this conversation from this Council.
This Council does participate in that effort to hold this Town less than responsible for its own future,
less than responsible for its own outcomes and its ability to say whether it wants to be a city or it wants
to stay a Town.
If that's the case, then we might as well go ahead and cease to be a Town and just become a part of
Loudoun County because when citizens see what this deal potentially may look like, and this has
nothing to do with the efforts of our new Town Attorney, but things that have been put in place that are
now trying to be changed. It's not easy.
If those terms and conditions get out there in such a way that I think that we don't want it to,then I think
we've done an irresponsible job of informing our community.Our community should be the ones helping
guide this process and not just being subject to it.The fact that this Council can't do its job,that's more
than just a saying, I say, irresponsible.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: No comments.
Mayor Burk: Ms. Fox.
Vice Mayor Martinez: No disclosures.
Council Member Fox: Thanks. One disclosure. I had a meeting with Taylor Chess about the property
at route seven and Battlefield this past week. I'm going to echo a couple of things that I've heard tonight
as far as the BL boundary line adjustment comments that Council Member Campbell made, I couldn't
agree more and I couldn't say it better.
I also think that what Council Member Dunn said about the CARES Act money and the way he thinks it
might be spent. I don't think that's without merit either.That is out there.That is something that the next
Council may choose to act on. It's not a conspiracy theory. It's out there for public knowledge. He was
probably very well within his right to say that and he would be correct.
Page 191 November 24, 2020
The only other thing I have to say as I just disclose everything,is everybody have a happy Thanksgiving
and be safe.
Mayor Burk: [unintelligible] Mr. Steinberg.
Council Member Steinberg: Thank you. One disclosure, I had a phone conversation with Mr. Greg
Wigfield, who just wanted to discuss some of the particulars about CARES Act funding, and wish
everybody a safe and happy holiday.Thanks.
Mayor Burk: All right. I technically don't have a disclosure, but I did have a phone call from Mr. Chess
also. It was in conversations concerning what contributions the Peterson Company could give to local
non-profits. I thank him for getting the input of the Town. I have no other disclosures. On November
11th, I attended the Veterans Day ceremony at George Marshall International Center here in Leesburg.
They put it on every year. It was a rainy miserable day, but that did not interrupt this excellent program
that was put forward. Thanks to the George Marshall International Center for holding this wonderful
event every year and thanks for Dennis Boykins for being a wonderful MC. On November 11th, I met
with Senator Boysko. On the 17th, I met with Delegate Gooditis and on November 23rd I met with
Delegate LaRock virtually to go over the legislative packet on Council passed for the 2021 session.
While they were very attentive and interested, all three were surprised that there was confusion about
the remote meeting requirements. Senator Boysko did text me today to say that the FOIA Commission
is meeting next week and it is on their agenda to clarify because there are other localities that are
confused about what is the dynamics and the requirements for meeting. At this point some localities
are meeting 100% remotely and others like Leesburg interpret the section of the Code to mean that we
must have quorum and that account that also applies to our boards and commissions.
If we can meet 100% remotely, our boards and commissions can also, and attending during COVID
has been very difficult for many of these volunteers. I'm looking forward to the clarification that should
be coming soon if not next week. November 12th we had a ribbon-cutting for Experimax.This is a new
business in the Prosperity Shopping Center where Starbucks is located. This company can sell and
repair your electronic devices.Welcome to Leesburg.
On November 12th, I participated in the kickoff for the Salvation Army red kettles. This project raises
money for the Salvation Army to provide services here in Leesburg and Loudoun County. You heard
Brian talking about it earlier today.That money stays here. I am delighted to announce that some of my
Council colleagues have signed up to work the red kettles.
We're going to see who can raise the most money. Last year I came in first with Mr. Martinez close
behind, but now he thinks he's going to take over this year and get more money in there.We'll see Mr.
Martinez. I want to thank Mr. Martinez, Ms. Nacy, Mr. Steinberg and Cummings and myself will be at
the local stores in the next few days, ringing the bells.That's why I brought this [bell ring].
Please stop by and drop your money in the kettle. It'll go to a good place. I want to welcome Maverick
Coffee Shop in Virginia Village.This is a cafe in the bike shop,when you visit the farmer's market stop
in and have a cup of coffee. On November 16th, Ms. Dodi Summers opened a program for young
African-American boys that are at-risk.The program's called The Young Kings.
She's working with 10 to 15 boys three times a week after school, to help with confidence, homework,
and life skills. It's a terrific idea from a very committed and concerned resident here in Leesburg, and
it's being held at Douglas. I wish Ms.Summers all the best,and know that those kids are in good hands.
On November 19th we held a ribbon-cutting at Cowbell Bakery.
This business was across from the Board of Supervisors but has moved to the old Kelly insurance
building. November 20th I held a telephone meeting with Supervisor Glass.We have been trying to do
this for months and finally got together. We shared concerns about Leesburg and Loudoun County. In
November 21st I participated in the Berg family reunion. Berg, not Burg, and gave away turkeys. We
gave away over 100 turkeys with all the fixings and much of those coming from Town employees. I want
to thank Ervin Green, the president, for inviting me and allowing me to participate. Congratulations to
Rouge for 18 years of business here in Leesburg.
Page 201 November 24, 2020
I will say that I will not miss the name-calling and the nasty implication from certain Council Members,
The Town staff doesn't deserve—to be respected for their dedication to the people of Leesburg.We're
very lucky to have a staff that works very hard to do the best that they can and to make the quality of
life here in Leesburg worthwhile. With that, I will wish everybody a very Happy Thanksgiving. Do you
have,Town Mayor, any additions?
Kaj Dentler: Only just to wish you all happy Thanksgiving.As the Town Manager, I'm very thankful for
an outstanding employee workforce. As Mayor you just mentioned, Town employees providing their
own funds to support families in need who they've never met. That is indicative of things they do not
only in this particular event, but it's also Salvation Army events.
It is other nonprofits, as well as children's Angel Tree programs that you see in different places. Our
employees respond and are happy to support.This is very being thankful as a Town Manager to have
employees who care about the community of which they serve, and sometimes they never meet the
families that they actually are helping.With that, Happy Thanksgiving and wish you all the best.
Mayor Burk: All right, we do have a Town, a closed session. I will move pursuant to Section 2.2-
3711(a)(1)of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the
purpose of discussing the annual performance of the Town Manager. Is there a second?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg.All in favor indicate by saying an aye?
Council Members:Aye.
Mayor Burk: Opposed?
Council Member Dunn: Nay.
Mayor Burk:All right, that's 6-0.We are going to meet in here.
Kaj Dentler: 5-1.
Eileen Boeing: Is that a nay or an aye?
Christopher Spera: Aye or nay I thought?
Mayor Burk: Mr. Dunn,what did you say?
Council Member Dunn: I said nay, no.
Mayor Burk: That's 5-1.
Council Member Dunn: I won't be taking part in the closed session. If you want to close the screen,
and open it back up when you're done, or I can go away from my computer and you can call me when
the meeting is back in open session.
Mayor Burk: Okay. You can close down and we can let you know. We don't anticipate having--well
anyway.We'll let you know when it's back open.Mr.Thomas,at this point we are going to go into closed
session so we are going to ask you to sign off.
Council Member Dunn: Can you let me know how you'll be letting me know to come back to the
meeting?
Mayor Burk: Ms. Boeing will call you.
Council Member Dunn: I'll have to log back on to the Webex?
Page 211 November 24, 2020
Mayor Burk:Yes.
Council Member Dunn: Okay, I would ask that you would not vote until I can get back on.Thank you.
CLOSED SESSION—8:24 p.m.—9:19 p.m.
Mayor Burk: I move in accordance with Section 2.2-3712 of the Code of Virginia, I move that Council
certify to the best of each member's knowledge, only public business matters lawfully exempted from
open business requirements under Virginia Freedom of Information Act and such public business
matters for the purpose identified in the Motion by which the closed meeting was convened were heard,
discussed or considered in the meeting by Council. Council Member Campbell?
Council Member Campbell: Yes.
Mayor Burk: Council Member Fox?
Council Member Fox: Yes.
Mayor Burk: Council Member Martinez or Vice Mayor Martinez?
Vice Mayor Martinez:Aye.
Mayor Burk: Council Member Steinberg.
Council Member Steinberg:Aye.
Mayor Burk: Council Member, Mayor Burk. Aye.And Mr. Dunn does not—
Christopher Spera: He does not. He abstains because he was not in the closed session.
Mayor Burk: So Mr. Dunn you abstain?
Council Member Dunn: Uh yes, I wasn't in the meeting so I am a no vote I guess as far as—
Mayor Burk:We put you down as abstain.
Council Member Dunn: If you need me to abstain I can.
Mayor Burk:Yeah, you're abstaining alright?
Council Member Dunn:Alright.
Mayor Burk: Do I have a motion to adjourn?
Council Member Steinberg: So moved.
Vice Mayor Martinez: So moved.
Mayor Burk: Made by Mr. Steinberg, second by Mr. Dunn—was that Mr. Martinez?
Christopher Spera: Yes.
Mayor Burk:All in favor indicate by saying aye?
Members:Aye.
Mayor Burk: Opposed? That passes 6-0.
Page 221 November 24, 2020