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Home My Public Portal About2021_tcmin0112COUNCIL MEETING January 12, 2021 Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Burk presiding. Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor Marty Martinez, Kari Nacy, 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 Utilities Amy Wyks, Director of Economic Development Russell Seymour, Emergency Management Coordinator Joe Dame, Senior Planning Project Manager Christopher Murphy, Senior Management Analyst Cole Fazenbaker and Clerk of Council Eileen Boeing. AGENDA 1. CALL TO ORDER 2. INVOCATION was given by Council Member Fox. 3. SALUTE TO THE FLAG was led by Council Member Fox. ITEMS 4. ROLL CALL a. Remote Participation Vice Mayor Martinez and Council Member Steinberg requested to electronically participate in the January 12, 2021, Council Meeting due to the health and safety concerns associated with the Coronavirus. Mayor Burk, Council Member Bagdasarian, Council Member Cummings, Council Member Fox and Council Member Nacy were physically present at the meeting. MOTION 2021-002 On a motion by Council Member Fox, seconded by Council Member Cummings, the following was proposed: To allow Vice Mayor Martinez and Council Member Steinberg to electronically participate in the January 12, 2021, Council Meeting The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy and Mayor Burk Nay: None Vote: 5-0-2 (Vice Mayor Martinez, Steinberg abstain) 5. MINUTES a. Work Session Minutes of December 7, 2020 MOTION 2021-003 On a motion by Council Member Fox, seconded by Mayor Burk, the minutes of the Work Session of December 7, 2020, were moved for approval. 1 I Page COUNCIL MEETING January 12, 2021 The motion was approved by the following vote: Aye: Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 4-0-3 (Bagdasarian, Cummings, Nacy abstain) b. Special Session Minutes of December 8, 2020 MOTION 2021-004 On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the minutes of the Special Session of December 8, 2020, were moved for approval. Council Member Fox was the only Member of Council in attendance at the December 8, 2020, Special Town Council meeting. The motion was approved by the following vote: Aye: Fox Nay: None Vote: 1-0-6 (Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk abstain) c. Regular Session Minutes of December 8, 2020 MOTION 2021-005 On a motion by Council Member Steinberg, seconded by Council Member Fox, the minutes of the Regular Session of December 8, 2020, were moved for approval. The motion was approved by the following vote: Aye: Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: None Vote: 4-0-3 (Bagdasarian, Cummings, Nacy abstain) 6. ADOPTING THE MEETING AGENDA On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the meeting agenda was moved for approval. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: None Vote: 7-0 7. CERTIFICATES OF RECOGNITION a. None. 8. PRESENTATION OF PROCLAMATIONS a. None. 21 Page COUNCIL MEETING January 12, 2021 9. PRESENTATIONS a. None. 10. REGIONAL COMMISSION REPORTS Mayor Burk reported that the Northern Virginia Regional Commission has been meeting every Monday to go over virus statistics and that she has been emailing them to Council Members each week. Council Member Fox reported that the Northern Virginia Transportation Authority Planning Coordination Advisory Committee has suspended its meetings until early 2021 but noted that they have not sent out the actual date when the meetings will resume. 11. PETITIONERS The Petitioners section was opened at 7:16 p.m. There were no Petitioners wishing to address Council. The Petitioners section was closed at 7:17 p.m. 12. APPROVAL OF THE CONSENT AGENDA Council Member Steinberg requested item 12.a. — License Agreement with Cellco Partnership d/b/a Verizon Wireless, be removed for discussion. MOTION2021-006 On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following consent agenda was proposed with item 12.a. —License Agreement with Cellco Partnership d/b/a Verizon Wireless removed: b. Town Council Appointments to the Airport Commission RESOLUTION 2021-001 Making Appointments to the Airport Commission c. Town Council Appointments to the Thomas Balch Library Commission RESOLUTION2021-002 Making Appointments to the Thomas Balch Library Commission d. Town Council Appointments to the Board of Architectural Review ORDINANCE 2021-0-001 Making Appointments to the Board of Architectural Review 3 I Page COUNCIL MEETING January 12, 2021 e. Town Council Appointments to the Commission on Public Art RESOLUTION 2021-003 Making Appointments to the Commission on Public An f. Town Council Appointments to the Diversity Commission RESOLUTION2021-004 Making Appointments to the Diversity Commission Town Council Appointments to the Economic Development Commission RESOLUTION 2021-005 Making Appointments to the Economic Development Commission h. Town Council Appointments to the Environmental Advisory Commission RESOLUTION 2021-006 Making Appointments to the Environmental Advisory Commission Town Council Appointments to the Parks & Recreation Commission RESOLUTION 2021-007 Making Appointments to the Parks & Recreation Commission Town Council Appointments to the Planning Commission RESOLUTION 2021-008 Making Appointments to the Planning Commission k. Town Council Appointments to the Standing Residential Traffic Committee RESOLUTION2021-009 Making Appointments to the Standing Residential Traffic Committee Town Council Appointments to the Technology and Communications Commission RESOLUTION 2021-010 Making Appointments to the Technology and Communications Commission m. Town Council Appointments to the Tree Commission RESOLUTION2021-011 Making Appointments to the Tree Commission g• 1• 4 I Page COUNCIL MEETING January 12, 2021 The Consent Agenda was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: None Vote: 7-0 a. License Agreement with Cellco Partnership d/b/a Verizon Wireless Council Member Steinberg asked questions regarding how much leeway the Town had in approving or disapproving this agreement. Mr. Chris Murphy explained that State law, which is based on the Federal law, which is well prescribed as to what types of devices facilities will be permitted by a municipality. Mr. Steinberg also inquired about the term quality materials and whether the power supply to the poles would be on the ground. Mr. Murphy noted that he understood quality materials to mean wind and watertight, won't degrade in weather and not pose a hazard to pedestrians and traffic nor cause damage to the Town's right-of-way. Mr. Murphy also stated that the power supply would be pole mounted. Mr. Steinberg also asked about the height of the poles and the relationship with the power lines and confirmed with Mr. Murphy that the Town has oversight in the design of the poles within the Historic District. MOTION2021-007 On a motion by Council Member Steinberg, seconded by Council Member Fox, the following was proposed: RESOLUTION2021-012 Authorizing the Town Manager to Execute a License Agreement between the Town of Leesburg and Cellco Partnership d/b/a Verizon Wireless for Small Cell Telecommunications Facilities in the Town's Right -of -Way The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 13. RESOLUTIONS /ORDINANCES / MOTIONS a. Appointment of Vice Mayor MOTION 2021-008 On a motion by Council Member Steinberg, seconded by Council Member Cummings, the following was proposed: I move to approve Fernando "Marty" Martinez to a two-year term as Vice Mayor. 5 I Page COUNCIL MEETING January 12, 2021 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: Fox, Nacy Vote: 5-2 b. Councilmanic Appointments Mayor Burk divided the question on each Councilmanic appointment. The following resolution was approved with the following appointments. MOTION2021-009 On a motion by Mayor Burk, the following was proposed: RESOLUTION 2021-013 Making Councilmanic Appointments Airport Commission — Council Member Fox (failed) Aye: Fox, Nacy Nay: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Vote: 2-5 Airport Commission — Council Member Steinberg (passed) Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Fox, Nacy Vote: 5-2 Thomas Balch Library Commission — Council Member Cummings (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Economic Development Commission — Mayor Burk & Council Member Bagdasarian assed Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay. Fox Vote: 6-1 Board of Architectural Review — Council Member Cummings (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 61 Page COUNCIL MEETING January 12, 2021 Diversity Commission — Vice Mayor Martinez (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 EnvironmentalAdvisory Commission —Mayor Burk (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Parks and Recreation Commission — Vice Mayor Martinez (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Planning Commission — Council Member Nacy (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Commission on Public Art — Council Member Bagdasarian (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Technology and Communications Commission — Council Member Steinberg (passed Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Tree Commission — Council Member Nacv (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Standing Residential Traffic Committee — Council Member Bagdasarian (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 7 I Page COUNCIL MEETING January 12, 2021 As Mayor, Mayor Burk will represent the Town on the Northern Virginia Regional Commission, the Loudoun County Economic Development and the Northern Virginia Transportation Authority. Northern Virginia Transportation Authority (NVTA) - Planning and Coordination Committee (PCAC) — Vice Mayor Martinez (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Annexation Area Development Policy (2) — Mayor Burk & Vice Mayor Martinez [passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Virginia Municipal League: Community & Economic Development — Council Member Ara Bagdasarian (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Virginia Municipal League: Finance — Council Member Cummings (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Virginia Municipal League: General Laws —Vice Mayor Martinez (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Virginia Municipal League: Environmental Quality — Council Member Neil Steinberg (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 81 Page COUNCIL MEETING January 12, 2021 Virginia Municipal League: Human Develo ment & Education — Council Member Bagdasarian (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 Virginia Municipal League: Transportation Vice Mavor Martinez (passed) Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk Nay: None Vote: 7-0 c. Organizational Topics for Council Mr. Dentler recapped the topics discussed at the Work Session identified by Council for further action. He noted that all of the items were added to one resolution which would be sufficient to give staff the direction it needs to proceed. Resolution includes: • Council Retreat for January 30, 2021, at Ida Lee Park • Rules of procedure to be discussed at the Council Retreat • Amending the proclamation process • Code of Ethics to be discussed at a future work session scheduled by the Town Manager • Potential discontinuance of the Invocation discussion at a future work session to be scheduled by the Town Manager • Town Manager to evaluate available options for office space that the Mayor and Town Council in conformance with the Town procurement policies. This effort is to include but not limited to, available office space at Town Hall, Loudoun Museum, other Town controlled properties and private commercial space deemed suitable. • Proposed Town Code amendments for the Airport Commission as presented on the January 11, 2021, Work Session agenda will be scheduled for Council Work Session discussion on January 25, 2021. The discussion will also include a review of other Town commissions and boards. MOTION 2021-010 On a motion by Council Member Cummings, seconded by Council Member Bagdasarian, the following was proposed: RESOLUTION2021-014 Council Direction on Various Organizational Topics for the 2021-2022 Town Council 9 1 Page COUNCIL MEETING January 12, 2021 The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: Fox Vote: 6-1 d. Continuity of Operations Ordinance — Amendments and Extension MOTION 2021-011 On a motion by Council Member Cummings, seconded by Council Member Steinberg, the following was proposed: ORDINANCE 2021-0-002 Amending and Renewing Ordinance to Ensure the Continuity of Government during the State Emergency Caused by the COVID-19 Pandemic The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: None Vote: 6-0-1 (Fox abstain) e. Exemption from Disconnect Moratorium for Delinquent Utility Accounts Ms. Amy Wyks gave a brief overview of the Work Session presentation for the request for the exemption from the disconnect moratorium. The Town has until January 18, 2021, to seek the exemption. Ms. Wyks noted that staff recommends approving the exemption. Council and staff discussed the customer outreach program and payment plans when utility bills have not been paid and the payment options available to customers including payment assistance available during COVID. The Town has voluntarily been following the moratorium disconnection guidelines but without the exemption would be required to follow the disconnect moratorium. The Town desires to keep all options available in the event the situation worsens by seeking an exemption to the disconnect moratorium for delinquent utility accounts. Council also discussed liens on properties for non-payment. MOTION2021-012 On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following was proposed: RESOLUTION2021-015 Verifying and Approving Utility Accounts Receivable Arrearages are in Excess of One Percent of Annual Operating Revenues with the condition that non-consensual liens will not be used as a collection tool 10 j Page COUNCIL MEETING January 12, 2021 Council Member Steinberg offered a substitute motion without the condition regarding non-consensual liens. MOTION On a motion by Council Member Steinberg, seconded by Mayor Burk, the following was proposed: Verifying and Approving Utility Accounts Receivable Arrearages are in Excess of One Percent of Annual Operating Revenues Council discussed the added condition, the need for flexibility during the pandemic and whether or not a payment plan is viable under the current circumstances. Public Speakers: There were no members of the public wishing to address Council on this item. The motion failed by the following vote: Aye: Steinberg and Mayor Burk Nay: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy Vote: 2-5 The original motion was approved by the following vote: Aye: Fox, Vice Mayor Martinez, Steinberg and Mayor Burk Nay. Bagdasarian, Cummings, Nacy Vote: 4-3 National Mentoring Month (Sponsor: Vice Mayor Martinez) MOTION2021-013 On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was proposed: I move to approve the Proclamation for National Mentoring Month to be proclaimed at the January 26, 2021, Council Meeting The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: None Vote: 7-0 14. PUBLIC HEARINGS a. None. il l Page COUNCIL MEETING January 12, 2021 15. UNFINISHED BUSINESS a. Boundary Line Adjustment (BLA) and Revenue Share Agreement MOTION On a motion by Council Member Fox, seconded by Council Member Nacy, the following was proposed: To discuss the Boundary Line Adjustment (BLA) and Revenue Share Agreement in open session Council Member Fox asked for the discussion to be in open session so that conversations between the County and the Town be as transparent as possible noting that some items may be more appropriate for closed session but not all. Vice Mayor Martinez confirmed with Mr. Spera that it was his desire to provide the update in Closed Session. The motion failed by the following vote: Aye: Fox, Nacy Nay: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Vote: 2-5 16. NEW BUSINESS a. Condemning Member of the Virginia House of Delegates David LaRock Regarding January 6, 2021 Riot at the United States Capitol Building MOTION 2021-014 On a motion by Council Member Steinberg, seconded Vice Mayor Martinez, the following was proposed: RESOLUTION2021-016 Town Council Condemnation of the Acts of Insurrection that Occurred on January 6, 2021 at the United States Capitol and the Call for the Resignation of Virginia State Delegate David LaRock for his Involvement in Inciting this Incident Council Member Steinberg, Council Member Bagdasarian, Vice Mayor Martinez and Mayor Burk made statements in support of the resolution while Council Member Fox and Council Member Nacy made statements against the resolution. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Steinberg, Vice Mayor Martinez and Mayor Burk Nay: Fox, Nacy Vote: 5-2 12 Page COUNCIL MEETING January 12, 2021 17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS (Comments were made after the Closed Session.) Vice Mayor Martinez disclosed that he met with Mr. Peter Kalaris and welcomed the new Council Members. Council Member Fox disclosed that she met with Mr. Peter Kalaris to discuss the Meadowbrook Commercial property. Council Member Fox stated that Council Members can be together as long as they are not discussing Town business noting that before the January 11 Work Session some Members were advised not to gather together in the hallways or coffee room even when not discussing Town business. Council Member Fox also noted that the organizational items presented were items that did not get Council support in the past. She desired to have the same process for adding items to the agenda adhered to until it is changed by a majority of Council. Council Member Fox welcomed the new Council Members and expressed a desire to work together regardless of party affiliation and said that Council should stay away from partisan proclamations and other actions to the contrary. Council Member Cummings urged Leesburg residents to contact him at any time with their questions and concerns and that he looked forward to working with his fellow Council Members regardless of politics. Council Member Cummings noted that the words of elected officials do matter and stated that the comments made regarding the election where the validity of the election process was questioned harmed democracy. Mr. Cummings noted that politicians who participate in these activities need to be held accountable. Council Member Bagdasarian shared that he was optimistic moving forward and really wanted to get some things done. Council Member Nacy noted that she too was optimistic and desired to move forward and was excited to get 2021 off to a better start than 2020. 18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE MEETINGS (Comments were made after the Closed Session.) Mayor Burk welcomed the new Council Members. Mayor Burk thanked Girl Scout Troop 2718 led by their troop leader Ms. Tara Holt for planting a tree in memory of all of the COVID victims. Mayor Burk said she spoke with Mr. Peter Burnett regarding ideas he has for the Liberty Lot and noted that he intends to reach out to each Council Member to share those ideas. 19. TOWN MANAGER COMMENTS a. None. 20. CLOSED SESSION a. Pending litigation/Annexation and/or a Boundary Line Agreement with respect to the JLMA MOTION 2021-015 On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was proposed: 13 I Page COUNCIL MEETING January 12, 2021 I move pursuant to § 2.2-3711(A)(7) and § 2.2-3711(A)(8) of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefings by staff members pertaining to the pending litigation of Town of Leesburg et al v. Loudoun County et al, Loudoun County Circuit Court No. 19-1768 where such consultation in open session would adversely affect the negotiating or litigating posture of the Town; and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, and pertaining to a potential annexation and/or boundary line agreement with respect to the JLMA. The motion was approved by the following vote: Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk Nay: Fox, Nacy Vote: 5-2 Council convened in a Closed Session at 8:27 p.m. Council reconvened in an Open Session at 10:18 p.m. MOTION2021-016 On a motion by Mayor Burk, the following was proposed? 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 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. (ROLL CALL VOTE) The motion was approved by the following roll call vote: Fox — aye; Steinberg — aye; Vice Mayor Martinez — aye; Nacy — aye; Bagdasarian — aye; Cummings — aye; Mayor Burk — aye. Vote: 7-0 21. ADJOURNMENT On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the meeting was adjourned at 10:28 p.m. Kelly yBurk Mayor Town of Leesburg ATTEST: Cleric of Council 2021 tcmin0112 14 I Page January 12, 2021 — 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 tonight's January 12, 2021, meeting of Leesburg Town Council. If anyone in the room needs hearing assistance, please see the Clerk. Council Member Steinberg will be giving the invocation. Thank you. Council Member Fox will be doing the flag. Council Member Steinberg? [pause] Mayor Burt Mr. Steinberg, can you hear us? [pause] Mayor Burk: Does anybody want to do it for Mr. Steinberg? Council Member Suzanne Fox: [inaudible] Mayor Burk: Okay. Thank you. Council Member Fox: Yes, no problem. Our Father in heaven, we're grateful for this day and for all of thy blessings. We ask thee now at the time as we convene together that we may, as we start the new year, come together as a unified Council and come together to do the things that are in the best interest of our constituency and our businesses. We ask that those who can't be here with us tonight, feel better and that they can join us soon and we say these things in thy name. Amen. Mayor Burk: Thank you. Please, rise. Council Member Fox: Please join me in the pledge of allegiance. Members: I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation, under God, indivisible, with liberty and justice for all. Mayor Burk: Thank you Council Member Fox for filling in for both of those or doing both of those. I need a motion to allow Vice Mayor Martinez and Council Member Steinberg to electronically participate in the January 12th, 2021 Town Council meeting. Council Member Fox: So moved. Mayor Burk: Moved by Council Member Fox. Second? Council Member Zach Cummings: Second. Mayor Burt Council Member Cummings. All in favor indicate by saying, aye. Council Member Cummings: Aye. Council Member Fox: Aye. Mayor Burk: Opposed. That's five, zero, two. Mr. Martinez and Mr. Steinberg, you now can participate. I have minutes from the work session of December 791, 2020. Do I have a motion? Council Member Fox: So moved. Page 11 January 12, 2021 Mayor Burt Moved by Council Member Fox, second? Council Member Cummings? All in favor indicate by saying aye. Council Member Fox: Aye. Mayor Burk: Council Member Cummings can't second it because he wasn't at that meeting. That's right, sorry. Council Member Fox: He wasn't here. You might have to second it there Kelly. Mayor Burk: Yes. I'll second it. Council Member Burk. I mean, Mayor Burk. All in favor indicate by saying aye. Council Member Fox: Aye. Mayor Burk: Opposed? Abstain? It's going to be-- Mr. Martinez? Four, zero, three. If I'm assuming that Mr. Steinberg and Martinez are voting, yes. Council Member Fox: I don't know, should you assume? Eileen Boeing: Mayor Burk, there is a message here that says they don't have sound but they're working on the audio issue, so -- Mayor Burk: Can we message them and say -- Eileen Boeing: Mr. Martinez and Mr. Steinberg, are you able to indicate how you voted on the minutes? [pause] Mayor Burk: Mr. Steinberg says he can't see or hear us. Eileen Boeing: I am connected. Mayor Burk: That will actually be two, zero, five? Council Member Fox: That doesn't pass? Mayor Burk: They're abstaining. The other people aren't here. It's two, two, three. No, that's true. That's not right. Sorry. This hasn't happened before, so -- Christopher Spera: Why don't we pass on that one. Mayor Burk: Okay, we'll come back to that one. Christopher Spera: [inaudible] Eileen Boeing: Madam Mayor? Mayor Burk: Yes. Eileen Boeing: Will you allow me just a moment to disconnect and reconnect the phone, to see if that helps? Mayor Burk: I'm sorry? Eileen Boeing: Will you allow me to disconnect and reconnect the phone to see if that helps? Mayor Burk: Sure. Page 21 January 12, 2021 Eileen Boeing: Okay, thank you. Mayor Burk: I guess, we can't go forward. We have to let her-- We'll just going to look at each other. Automated: Welcome to WebEx. [phone beeps] Automated: Enter your attendee ID number, followed by pound. [phone beeps] Eileen Boeing: Mr. Martinez and Mr. Steinberg, can you hear me? [silence] Eileen Boeing: Mr. Markel, can you try and unmute Mr. Martinez and Mr. Steinberg, please? Keith Markel: [inaudible] Eileen Boeing: You can't hear anything at all? I've dialed in. Keith Markel: It was working earlier. [silence] Eileen Boeing: Madam Mayor? Mayor Burk: Yes. Eileen Boeing: Will you allow me to shut down the meeting and restart the entire WebEx again? Mayor Burk: Well, I guess, we'll have to do that. Eileen Boeing: Okay, thank you. For anyone on the call that's an attendee, we are going to restart the meeting. Please try again to log in. Thank you. [pause] Mayor Burk: Now, they're going to - Automated: Thanks for using WebEx. Visit our website at www.webex.com [pause] Council Member Fox: Technology, great, huh? [unintelligible] Mayor Burk: [inaudible] Automated: Welcome to WebEx. [phone beeps] Automated: Enter you attendee number followed by pound. If you do not know your attendee number - [phone beeps] Page 31 January 12, 2021 Automate: You are the first person to join the meeting. Please stand by. Eileen Boeing: We just need to message now Mr. Steinberg and Mr. Martinez, and let them know that the meeting has been restarted. Mayor Burk: Okay. [pause] Mayor Burk: Do they have to call in or anything or -- [pause] Mayor Burk: [unintelligible] but neither of them are responding to me, so I don't know. [pause] Automated: Thanks for using WebEx. Visit our website at www.webex.com Mayor Burk: Are we closing down again? Can anybody hear me? Council Member Cummings: I can hear you. Council Member Bagdasarian: Come again. Mayor Burk: What? Won't let us join the restart meeting. [pause] Mayor Burk: Are we still being telecast? Eileen Boeing: Yes. [pause] [music] Automated: Welcome to WebEx. Enter your access code. [phone beeps] Automate: Enter your attendee ID number followed by — [phone beeps] Eileen Boeing: Mr. Steinberg, can you hear us? Council Member Neil Steinberg: Are we there? Eileen Boeing: Yes, sir. Mayor Burt Yay. Council Member Steinberg: All right, thank you. Eileen Boeing: Thank you. Mayor Burk: Is Mr. Martinez on? Page 41 January 12, 2021 [silence] Mayor Burk: Okay, I told him to retry it. Vice Mayor Fernando "Marty" Martinez: Hi, I'm now on. Eileen Boeing: Hello, Mr. Martinez. Thank you. Mayor Burk: Ok, welcome. [laughs] Christopher Spera: [inaudible] Mayor Burk: Okay. We are now on 5A, which is the work session minutes from December Th. Council Member Fox moved them. I seconded them. All in favor indicate by saying aye? Council Member Fox: Aye. Council Member Steinberg: Aye. Vice Mayor Martinez: Aye. Mayor Burk: Myself and Ms. Fox? Council Member Fox: Yes. Mayor Burk: That's four. Opposed and abstained? Okay, three. Four, zero, three. Okay, it's official now. Special meeting minutes of December 8th, 2020. Do I have a motion? Council Member Fox: So moved. Vice Mayor Martinez: So moved. Mayor Burk: So moved by Council Member Fox, seconded by Vice Mayor Martinez. All in favor indicate by saying aye. Council Member Steinberg: Aye. Mayor Burk: Suzanne, you're an aye, right? Council Member Fox: I am. Mayor Burk: I'm an aye. Mr. Martinez, you're an aye? Vice Mayor Martinez: Aye, aye. Mayor Burk: Opposed and abstained? Council Member Bagdasarian: I abstain. Mayor Burk: The three. Regular minutes of the December 8th, 2020. Oh, you know what? Wait a minute. Christopher Spera: The special meeting, only Ms. Fox was there of this group. Council Member Fox: Yes, I was going to say. Mayor Burk: How do we do that? Page 51 January 12, 2021 Council Member Fox: I think that I should be the only aye. Christopher Spera: I think that since she's the only person who can vote, I believe that you will be a majority of one. Council Member Fox: Oh, good. Christopher Spera: I think it would be one, zero, six. Kaj Dentler: You have all the power. Mayor Burt Who's going to second it? Council Member Fox: I think that's the only time that's going to happen this year so I'll take it. Christopher Spera: You seconded the motion. It's okay to second it. Mayor Burk: No, Mr. Martinez seconded it. Christopher Spera: Mr. Martinez. I'm sorry. It's fine that it was seconded but she's the only person who was there. Mayor Burt Council Member Fox, you're the only one. How do you vote? [laughter] Council Member Steinberg: Under these circumstances, that would constitute approval because she's the only person that was there. Mayor Burk: Then the rest of us abstain. Council Member Steinberg: That's one, zero, six. Mayor Burk: I swear this has never been like this before. The regular meeting minutes of December 81h, 2020. Do I have a motion? Council Member Fox: I'll move it. Council Member Steinberg: So moved. Mayor Burk: Moved by Council Member Steinberg, seconded by Council Member Fox. All in favor indicate by saying aye. Council Member Fox: Aye. Council Member Steinberg: Aye. Vice Mayor Martinez: Aye. Mayor Burk: Aye. Opposed? Abstain? That's three, so four, zero, three. Do I have a motion to adopt the meeting agenda? Council Member Steinberg: So moved. Mayor Burk: So moved by Council Member Steinberg. Second? Council Member Bagdasarian: I second. Page 61 January 12, 2021 Mayor Burk: Second by Council Member Bagdasarian. All in favor? Council Member Fox: Aye. Vice Mayor Martinez: Aye. Mayor Burk: Opposed? That's seven, zero. We have no certificates of recognition, no proclamations, no presentations. Does anyone have a regional report? I have the Northern Virginia Regional Commission has been meeting every Monday to go over the virus statistics and where we are in the different vaccine levels. I have been emailing you the results of those meetings every week. Anyone else have anything on a regional? Council Member Fox: Real quick, I do. The PCAC meetings for the Advisory Board for the NVTA they've suspended meetings probably until early this year sometime. We just haven't gotten the exact dates yet where those will resume. Mayor Burk: All right, thank you. Mr. Steinberg or Mr. Martinez, you have anything? Vice Mayor Martinez: No, I don't. Mayor Burk: Mr. Steinberg? Council Member Steinberg: No, I don't. Mayor Burk: All right. Thank you very much. That leads us to our petitioner section. I'm trying to speak very loudly because of the glass enclosures and the mask, of course, are causing some hearing issues for people that are listening. If I'm shouting, please let me know, but I am speaking loudly so that people can hear. Petitioners are one of the first orders of business is to hear from the public. All members of the public are welcome to address Council on any item, matter, or issue. Please identify yourself and if comfortable doing so, give your address for the taped recording. Any public speaker will be requested to state their name and spell it for the purpose of closed captioning. In the interest of fairness, we also ask if you observe the five-minute time limit. For those participating in - person or on WebEx, the green light on the timer will turn yellow at the end of four minutes, indicating 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 this 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, or on the phone, or WebEx. We have nobody who has signed up to be a petitioner tonight. Is there anybody that is on the screen that has called in to be a petitioner? Keith Markel: Madam Mayor, we do not have anybody participating online tonight. Mayor Burk: Okay. Then we'll move on to anybody else in the audience that didn't get a chance to speak that would like to speak, at this point. All right. If not, then I will close the petitioners section. That takes us to approval of the consent agenda. Now, this is a long one. Vice Mayor Martinez: Madam? Mayor Burk: Yes. Vice Mayor Martinez: Madam Mayor? Mayor Burk: Yes. Page 71 January 12, 2021 Vice Mayor Martinez: FYI, I don't see the timer on the screen. Mayor Burk: You don't see the timer on the screen? Okay. Eileen's turning it on. Thank you, Mr. Martinez. All right. I am going to read all of the items on the consent agenda and then I will ask if anybody wants to remove anything at this point. The first one is a license agreement with Cell C -E -L -L, Co partnerships to DBA, Verizon Wireless, authorizing the Town Manager to execute a license agreement between the Town of Leesburg and Cellco partnerships, DBA, Verizon Wireless for small telecommunications facility in the Town's right of way. B is own Council appointments to the Airport Commission. Do I have to read those out, who they are? No? Okay. Christopher Spera: No. Mayor Burk: Town Council appointments to the Balch Library Commission. D is Town Council appointments to the Board of Architectural Review. E is Town Council appointments to the Commission on Public Art. F is Town Council appointments to the Diversity Commission. G is Town Council appointments to the Economic Development Commission. H is Town Council appointments to the Environmental Advisory Commission. I is Town Council appointments to the Parks and Rec Commission. J is Town Council appointments to the Planning Commission. K is Town Council appointments to the Standing Residential Committee. L is Town Council appointment to the Technology Communications Commission. M is Town Council appointment to the Tree Commission. I just want to acknowledge that we do have one nominee in the audience. Keith Reeve is here, did you wish to say anything at this point? Keith Reeve: No, thank you. Mayor Burk: All right. Anybody want to remove anything at this point? Council Member Fox: I have one question. Mayor Burk: Excuse me one second Mr. Martinez. Ms. Fox was speaking, sorry. Council Member Fox: Just have one question. I don't really want to remove anything, I have a question as to appointments to commissions. Sorry, I'm sure you can't hear me. Appointments to Commission's, and I was wondering if I could ask our Town Attorney about those who are being appointed who are actual employees of vendors of the Town. If they recuse themselves during anything, is that good enough? Is that okay for them to be appointed? If there's something that has to do with their business if it's a recusal and they're good about that, is it okay, for the appointment? Christopher Spera: The question relates to, if an appointee has a business relationship with the Town? Council Member Fox: Yes, via their employer, I guess, yes. Christopher Spera: Through their employer? Council Member Fox: Yes. Christopher Spera: Then, yes. What I would encourage anyone to do in a situation like that, is if a matter that is on their agenda —that situation you pose, is not a blanket conflict. If there's something on their agenda that they think they're close to, or that they might be close to, or that impacts them or their employer in some way, then have them contact our office and we'll look at it on a case by case basis. The fact that they or their employer does business with the Town is not an across the board basis for a conflict out. Page 8( January 12, 2021 Council Member Fox: The onus is pretty much on them to make sure that they're on top of -- Christopher Spera: That's correct, and you consult with our office if they have a question. Council Member Fox: Okay, thanks. Mayor Burk: All right. Do I have a motion to accept all the consent agenda items? Council Member Steinberg: Madam Mayor, I'd like a brief discussion on item A, please. Mayor Burk: You want to remove Item A? Council Member Steinberg: I do. Mayor Burt Sorry. Mr. Martinez, you had something to say. Vice Mayor Martinez: No, I didn't. That was Neil. Mayor Burk: Oh, okay. Sorry. All right, so we're removing A. We are approving B, C, D, E, F, G, H, I, J, K, L and M. Is there a motion? Council Member Fox: So moved. Vice Mayor Martinez: So moved. Mayor Burk: So moved by Council Member Fox, seconded by Vice Mayor Martinez. All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That's seven, zero. Mr. Steinberg, you had a problem with A. Council Member Steinberg: I'm not sure I would call it a problem. I just have a couple of questions and perhaps as much for the public's edification. We don't have a staff member in the room who can -- Who can I direct these questions to? Oh, Mr. Murphy is here. Christopher Spera: We have Mr. Murphy available online, Mr. Steinberg, and then I am here in lieu of Ms. Newton. Keith Markel: Sorry to interject. The applicant is also on the phone as well available to answer any questions from Verizon. Council Member Steinberg: Okay, thanks. This is the beginning and/or continuation of basically the mesh network, is that correct? Christopher Murphy: A mesh network, this is the telecommunications to small cell type of network, yes. Council Member Steinberg: How much leeway do we have in approving or not approving this arrangement with Cellco? Christopher Murphy: This specific arrangement? Council Member Steinberg: Yes. Christopher Murphy: The State law, which is based on the Federal law, is pretty well prescribed, as to what types of devices facilities will be permitted by a municipality. All the facilities being proposed in Page 9I January 12, 2021 this current agreement, do meet those basic qualifications as prescribed by the State Code. Thus, we have very little leeway for any of these facilities here. Council Member Steinberg: Okay, thank you for that. Can you define what is meant by quality materials in our staff report? Christopher Murphy: Those are materials that —that's a term of art in the license agreement, it's not nothing in the Zoning Ordinance. I would take that to mean materials that are wind and watertight, do not degrade in the weather, will not pose a hazard to pedestrians and traffic, will not do damage to the Town's rights of ways or public or private properties nearby. Council Member Steinberg: In this particular contract, there are 22 different locations. Does each one of these have its own power cabinet? Christopher Murphy: Yes. Council Member Steinberg: In addition to the unit that's up on the pole, then it's got the cabinet which might look like a variety of different things sitting on the ground, is that correct? Christopher Murphy: No, it is not on the ground. They're all pole -mounted facilities. Council Member Steinberg: No. I'm talking about the power. That's also pole -mounted? Christopher Murphy: Yes, the entire facility is pole -mounted. Council Member Steinberg: Now in replacing the poles, they're asking for installing taller poles. These facilities are not typically installed above the power lines, is that correct? Christopher Murphy: The antennas themselves are above the power line. Council Member Steinberg: They are? Okay. That explains why they prefer the taller pole? Christopher Murphy: It's a function of the Dominion power lines. Because of electricity and the engineering there with it, there needs to be a minimum separation from power lines to any other facilities on that pole. It's meeting two masters here. It's meeting the master of Dominion that needs to have that specific separation from its electrical lines, as well as needing to meet the requirements for the telecommunications network itself. Council Member Steinberg: Then finally, do we have any oversight of some of these facilities, design - wise, within the Historic District? Christopher Murphy: We have total control on the design within the Historic District, yes. Council Member Steinberg: Okay, thank you. That's all I have. Thank you. Christopher Murphy: You're welcome, sir. Mayor Burk: Mr. Fox, you were the one that wanted to take this off, would you like to make a motion to vote for it? Christopher Spera: Mr. Steinberg. Mayor Burk: Oh, I'm sorry. Okay. I got the Mister, and I got the last name wrong. Okay. Council Member Steinberg: Well, there you go. Do you need a motion from me? Mayor Burk: Mr. Steinberg, would you like, since you pulled it? Page 101 January 12, 2021 Council Member Steinberg: I move we approve Item A, the Cellco Tower. Mayor Burk: Council Member Fox, would you like to second? Council Member Fox: Sure, III [inaudible] Mayor Burk: Sorry about that, I apologize. Council Member Fox seconded. Any other questions on this? All in favor, indicate by saying aye. Vice Mayor Martinez: Aye. Mayor Burk: Opposed? I'm going to assume that everybody was seven -zero. Mr. Steinberg, Mr. Martinez? Council Member Steinberg: Yes. Vice Mayor Martinez: Yes. Aye. Mayor Burt All right. Thank you. The next thing that takes us to is resolutions. Each one of these, I will go through one at a time. I will need a motion for each one of them. The first one is the appointment of the Vice Mayor. Are there any nominations? Council Member Steinberg: Madam Mayor, yes. Madam Mayor, I'd like to nominate Vice Mayor Marty Martinez to continue in the position. Mayor Burk: Vice Mayor Martinez. Is there any other nominations at this point? All right, all in favor indicate by saying aye. Christopher Spera: Did you have a second for Mr. Steinberg's motion? Mayor Burk: I didn't get a second. Thank you. God, I'm not doing very well tonight. Council Member Steinberg: Must be the glass. Mayor Burk: It must be the glass. Council Member. Steinberg, and it was seconded by? Council Member Cummings: Mr. Cummings. Mayor Burk: Council Member Cummings. All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Council Member Fox: Nay. Council Member Nacy: Nay. Mayor Burk: All right, so that's five, two. You got the names? Okay. Councilmanic appointments are next. Sorry, I'm looking for the paper. These are the appointments to be the liaison to the different boards and commissions, and to the different regional boards and commissions, and VML boards and commissions. I am just going to ask for people who are interested to state that they're interest. Then we'll take the vote on it. The Airport Commission, who is interested in doing -- Council Member Fox: Madam Mayor, I have an interest in that. Mayor Burk: I'm sorry? Page 11 I January 12, 2021 Council Member Fox: I have an interest in being the Council liaison. Mayor Burk: Council Member Fox. Anyone else? Council Member Steinberg: Yes, I have an interest in continuing in that position. Thank you. Mayor Burk: All right. Anyone else? Okay. We're just going to go through and vote. All in favor of Council Member Fox being the liaison to the Airport Commission, indicate by saying aye. Council Member Fox: Aye. Council Member Nacy: Aye. Mayor Burk: Opposed? Council Member Steinberg: Nay. Vice Mayor Martinez: Nay. Mayor Burk: Abstain? All right. Okay, so it's two, five. Council Member Steinberg, all in favor? Vice Mayor Martinez: Aye. Council Member Steinberg: Aye. Council Member Cummings: Aye. Mayor Burk: Opposed? Council Member Fox: Nay. Council Member Nacy: Nay. Mayor Burk: Okay. Five, two. Mr. Steinberg, you're on the Airport. Thomas Balch Library Commission. Is there anybody want to put their name forward on that one? Council Member Cummings: I'd be interested. Mayor Burk: Okay, Mr. Cummings. Anyone else? All right. All in favor of Mr. Cummings, indicate by saying aye. Council Member Fox: Aye. Council Member Steinberg: Aye. Mayor Burk: Opposed? Okay, seven -zero. Economic Development. I was going to put my name forward along with Mr. Bagdasarian. We're going to do it together, co-chair this thing. Not chair, we're going to co -liaison. There's times I won't be able to attend and he'll be able to fill in for me. If that is acceptable, it would be Burk and Bagdasarian. Is there anybody else who wants to put their name forward at this point? All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Council Member Fox: Nay. Page 121 January 12, 2021 Mayor Burk: That's six, one. All right, the Board of Architectural Review. Who would like to put their name forward for the Board of Architectural Review? Council Member Cummings: I'd be interested in doing that. Mayor Burk: Okay, Mr. Cummings. Anybody else? All in favor of Mr. Cummings being on the Board of Architectural Review, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? All right, that's seven, zero. The Diversity Commission. Who would like to put their name forward for the Diversity Commission? Vice Mayor Martinez: I would like to continue. Mayor Burk: All right, Mr. Martinez. Anyone else? All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Seven, zero. The Environmental Advisory Commission. Anybody want to put their name forward for that one? !lido that. Anybody else? All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Seven, zero. Parks and Rec. Vice Mayor Martinez: Madam Mayor, never mind. I'd be interested in the Parks and Rec. Mayor Burk: You want to do the Parks and Rec, okay? Vice Mayor Martinez: Yes. Mayor Burk: Anyone else? All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Seven, zero. Commission on Public Art. Council Member Bagdasarian: I'd like to sit on that. Mayor Burk: Okay, Mr. Bagdasarian. Is there anybody else to put their name forward? All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Seven, one. Technology and Communications Commission. Council Member Steinberg: I'd like to continue on that. Mayor Burk: Mr. Steinberg. Any other names on that one? All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That's seven, zero. Tree Commission. Anybody want to put their name forward on this one? All right, we'll come back to that one. Council Member Nacy: I'll do it. Page 131 January 12, 2021 Mayor Burk: Okay, Ms. Nacy. All in favor indicate by saying aye. Members: Aye. Mayor Burk: Okay, seven, zero. Standing Residential Traffic Committee. Anyone want to put their name forward? Council Member Bagdasarian: I'd like to do that. Mayor Burk: Okay, Mr. Bagdasarian. All in favor indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Seven, zero. Loudoun Economic Development, it's the requirement of the Mayor. The Loudoun Northern Virginia Regional Commission is also the Mayor requirements, the Northern Virginia Transportation Authority. I'm on the authority, I'm not on the Advisory Commission. Do I have to have a different vote on that, because I'm actually been appointed to the Northern Virginia Transportation Authority? Kaj Dentler: It should be reversed. You shouldn't need a vote. The Mayor is always expected to be the NVRC representative. The Planning Advisory Committee is-- You're on the planning? Mayor Burk: That's a different one. That's the Northern Virginia Transportation Planning, Coordinating Advisory. Kaj Dentler: Yes, you're supposed to be on all three of those bottom line. The NVTA, usually they look for the Mayor to be the NVTA representative then you have a Planning Committee Member which Council Member Fox has done that. Mayor Burk: All right. The Northern Virginia Transportation Authority Planning, Coordinating Advisory Committee. Would anybody like to put their names forward for that one? Nobody. Vice Mayor Martinez: I would do it. Mayor Burk: Okay, Mr. Martinez. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? That passes seven, zero. The Annexation Area Development Policy. In the past, that has been the Mayor and the Vice Mayor. I don't know if anybody wants to put their name forward. Okay, then Mr. Martinez, you still willing to serve on it? Vice Mayor Martinez: Yes ma'am. Mayor Burk: We meet so many times. I don't think we've met at all in two years. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? All right. Next is the Virginia Municipal League. I am on the Executive Committee and on the Legislative Committee. I'm not going to put my name forward to any of these things. They would be in conflict at that point. Would anybody like to do the Community and Economic Development? Council Member Bagdasarian: I can do that. Mayor Burk: Mr. Bagdasarian. Page 141 January 12, 2021 Vice Mayor Martinez: I would nominate Ara [chuckles]. Mayor Burk: Okay. There you go. All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Opposed? Okay, zero. Finance, anybody interested in finance? Do you understand what these committees are? We are a member of the Virginia Municipal League, which represents all of the towns and cities in Virginia. These committees meet twice, once in the summer, and once at the convention that we have in October. In the summer, you go over different issues and decide which issues we will bring forward to discuss and bring to the General Assembly, or to bring to the attention of the other cities and towns. It's a committee that you're making recommendations on issues that are important to towns and cities. Is that clear? Finance? Yes, sir. Vice Mayor Martinez: The VML is essentially our lobbying effort for the legislature. Mayor Burk: It's a good part of what they do, yes, absolutely. Finance? Vice Mayor Martinez: Go ahead. Mayor Burk: Would anybody like to be on the Finance Committee? All right, General Laws. Council Member Cummings: I'd do it. Vice Mayor Martinez: I would. Mayor Burk: General Law? Council Member Cummings: I'll do Finance. Mayor Burk: Mr. Cummings wants to do finance. All in favor, indicate by saying, aye. Members: Aye. Mayor Burk: Opposed? General Law, Mr. Martinez. Anybody else? All in favor, indicate by saying aye. Members: Aye. Mayor Burk: Environmental Quality. Anybody want Environmental Quality? Human Development and Education? Council Member Steinberg: I'm sorry, Madam Mayor. Mic didn't come up. I'll do the Environmental Quality. Mayor Burk: Okay, Mr. Steinberg? Obviously, all in favor indicate by saying aye. Members: Opposed? Seven, zero. Human Development and Education? Do we have anybody that wants to do that? Transportation? No one wants to be on that one? Okay. This is all of them. Vice Mayor Martinez: Madam Mayor? Mayor Burk: I'm sorry, Kari. Vice Mayor Martinez: May I? Mayor Burk: Just one second. I'm sorry, Kari. I can't hear you. Page 151 January 12, 2021 Council Member Nacy: Planning Commission. Council Member Cummings: I didn't see that. Council Member Fox: It should be. Mayor Burk: Planning Commission for what? Council Member Fox: The liaison. Mayor Burk: Oh, so we missed one. Oh, okay. Council Member Steinberg: We did. Mayor Burk: Did you want to be on that one? Council Member Nacy: I did. Mayor Burk: Okay [laughs]. Planning Commission. Council Member Nacy: [inaudible]. Mayor Burk: Anyone else? All in favor, indicate by saying aye. Members: Aye. Mayor Burt Opposed? Okay, did we miss any besides Planning? 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12. No. That's all of them. Good. Thank you. Vice Mayor Martinez: Madam Mayor? Mayor Burk: Yes. Vice Mayor Martinez: I don't think it will be tough for me to go ahead and do the Transportation for the VML. Mayor Burk: Okay. You want to do that one, too? Vice Mayor Martinez: Yes. Mayor Burk: All right. All in favor? Council Member Fox: Aye. Mayor Burk: Opposed? Council Member Steinberg: Aye. Mayor Burk: All right. Eileen, do you want me to read any of these back? Vice Mayor Martinez: There are two VML positions open, correct? Mayor Burk: There's only one. Vice Mayor Martinez: Is that the HR? Mayor Burk: The Human Development and Education. Correct. Page 161 January 12, 2021 Vice Mayor Martinez: Human Development, okay. Eileen Boeing: It would be good for the record, Madam Mayor, to just read through them. Mayor Burk: Airport Commission was Mr. Steinberg, by a vote of five, two. Balch Library, Mr. Cummings by a vote of seven, zero. Economic Development is Burk and Mr. Bagdasarian, six, one. Board of Architectural Review, Mr. Cummings by seven, zero. Martinez on Diversity Commission seven, zero. Environmental Advisory, Burk. Seven, zero. Parks and Rec, Mr. Martinez. Seven, zero. Commission on Public Art, Bagdasarian, seven, zero. Technology and Communications Commission, Mr. Steinberg. Seven, zero. Tree Commission, Miss Nacy. Seven, zero. Standing Residential Traffic Committee is Mr. Bagdasarian. Seven, zero. Loudoun Economic Development, Northern Virginia Regional Commission, Northern Virginia Transportation Authority, all of those are Mayor Burk and the Planning Commission is Council Member Nacy. The Northern Virginia Transportation Authority Planning Coordinating Advisory Commission is Mr. Martinez, seven, zero. Annexation Area Development Policy is the Mayor and Vice -Mayor, seven, zero. The Virginia Municipal League Community and Economic Development is Mr. Bagdasarian, seven zero. Finance is Mr. Cummings, seven, zero. General Law is Mr. Martinez, seven, zero. Environmental Quality is Mr. Steinberg, seven, zero. Nobody put their name forward for Human Development and Education. Transportation is Mr. Martinez, seven, zero. Council Member Fox: Madam Mayor, may I ask a quick question? As Council Members we are allowed to attend these meetings, that's what I understood from the last time we -- Mayor Burk: The liaison thing? Council Member Fox: Yes. Mayor Burk: Oh, absolutely. Council Member Fox: Just wanted to make sure. Thanks. Mayor Burk: You can attend any and all. Council Member Fox: Okay. Mayor Burk: All right. Vice Mayor Martinez: Madam Mayor, may I make a couple of comments on the boards of commissions as liaisons? Mayor Burk: I'll give you three minutes. Vice Mayor Martinez: It won't take that long. What I just want to say to the new Council Members is that being a member of this liaison means that we are an advocate and we do what we can to help the commission move along but we are not required to attend every meeting. It's not a requirement but mostly, I look at my chair people to keep me advised if I can't make the meeting. In the past we decided to take this action to make it easier for us because we are tasked with a lot of different things. Not only the different commissions but other events like budget hearings and et cetera. I just want to say thank you for everybody to be on the board of commission and for our new board of commissioners, understand that it's not a requirement to attend every meeting. Also, we do virtual meetings, it does make it easier. That's all I wanted to say. Mayor Burk: Thank you. Council Member Bagdasarian: Madam Mayor? Page 171 January 12, 2021 Mayor Burt Yes. Council Member Bagdasarian: Before we move on. The Education Committee of the VML, I could also take that. Mayor Burk: Oh, okay. Council Member Bagdasarian: I was inspired by Council Member Martinez's comments. Mayor Burk: Mr. Bagdasarian is interested in doing Human Development and Education. All in favor, indicate by saying aye. Council Member Nacy: Aye. Mayor Burt Opposed? That's a seven, zero. Thank you. Organizational topics. Let me see if I can pull this up. I was having trouble before. The Council direction on various organizational topics. Do we vote on this as a whole? Kaj Dentler: Yes. Madam Mayor, what I did is I took your direction from last night, put it all into one resolution and so when you get down to the, "therefore", the Item 1 is confirming the date of the retreat on January. Mayor Burt We're not voting on individual things? Kaj Dentler: Sorry? Mayor Burk: Are we voting on individual? Kaj Dentler: No. It's set up is one vote for the entire block. All seven items and if you want to amend it then we can do that. This just gives us, the staff, direction of what you what to accomplish. Mayor Burk: The first one is the date. The planning retreat is January 30th at Ida Lee. The second one is the rules of procedure will be discussed by Council during their planning retreat on the 30th. The third one is Town resolution 2019-116 establishing the Town proclamation process is hereby amended and this resolution is attached. Number four, the Council code of ethics will be discussed at a future work session that the Town Manager is directed to schedule. Number five, potential discontinuation of the invocation of Council Members will be discussed at a future Council work session that the Town Manager is directed to schedule. Six, the Town Manager is directed to evaluate available options for office space that the Mayor and Town Council in conformance with the Town procurement policies. This effort is to include but not limited to, available office space at Town Hall, Loudoun Museum, other Town controlled properties and private commercial space deemed suitable. Seven, the proposed Town Code amendments for the Airport Commission as presented on the January 11th, 2020 work session agenda will be scheduled for Council work session discussion on January 25tH 2021. The discussion will also include a review of other Town commissions and boards. Do I have a motion? Do I have a motion? Council Member Cummings: So moved. Mayor Burk: Council Member Cummings. Do I have a second? Council Member Bagdasarian: I'll second. Mayor Burk: Seconded. Council Member Bagdasarian. Any discussion at this point? All in favor, indicate by saying aye? Page 181 January 12, 2021 Speakers: Aye. Mayor Burk: Opposed? Council Member Fox: Nay. Mayor Burk: Is it 6-1? I'm sorry. Council Member Nacy: [inaudible]. Mayor Burk: Okay, 6-1. Thank you. Okay. The, how do you say that word, continuity of operations -- Christopher Spera: Continuity. Mayor Burk: Continuity. Thank you. I always say that wrong. Continuity of operations ordinance. This is amending and reviewing the ordinance to ensure the continuity of government during the state of emergency caused by the pandemic. Do I have a motion? Vice Mayor Martinez: So moved. Council Member Steinberg: Second. Mayor Burk: Council Member Cummings, seconded by Council Member Steinberg. All in favor, indicate by saying aye. All: Aye. Mayor Burk: Opposed? That passes 7-0. Council Member Fox: No, I abstain. Mayor Burk: You abstain, so that's 6-0-1. All right. Exemption from this continued moratorium of delinquent utility accounts. Do we have somebody talking about this? This is a little different than we usually do because it's a state's requirement that we do it this way. We're going to have a short presentation, then I'll read the statement and invite the public to speak on just this topic, and then we'll vote after that. It's different than we usually do it, but it's because of the State requirements. Amy Wyks: Good evening, Madam Mayor, Members of Council. Just a brief overview from the request for the exemption from the disconnection moratorium that was implemented by the Commonwealth of Virginia. Again, staff recommends approving a resolution to exempt the Town from the utility disconnect moratorium that was implemented by the State when the Governor signed the budget on November 18th of 2020. The exemption is allowed since the Town's current delinquent account balances exceed the 1% of the revenue that was part of the Governor's budget. Again, just quickly our background. Beginning in March 16th of 2020, during the pandemic, the Town voluntarily followed the Virginia moratorium -related late penalties, applying those as well as service disconnections for non-payment for utility water and sewer bills. Since March, we have seen an increase in the number of delinquent accounts and unpaid balances for all accounts. That moratorium early in March, it ended on October 5th of 2020, but it was reinstated again in November 18th of 2020. When it was reinstated, unlike the previous moratorium, that was only for SCC regulated utilities, which we were not. It now includes municipal utilities. Unknown on how long this moratorium may be enacted, because it was very vague in the budget related to the Governor determines when the economic and public health conditions improve or at least 60 days after the state of emergency ends. The amendments to provide this exception is if we're greater than the 1% as I had stated and the governing body being Town Council must affirm that threshold is met in a public process, which is what we're doing tonight. Just quickly to confirm that we are at the 1% as of January 4th of 2021. The current Page 191 January 12, 2021 delinquent account balance total for all utility accounts is just under $650,000, which is 2.9% of our revenues with a $22.5 million revenue budget. Again, tonight we're requesting Council to approve a resolution to exempt the Town from utility disconnection moratorium with the understanding that it is the last resort. We will be working and continuing to work with our customers related to payment plans and helping them out with the County helpline and working with them accordingly with penalty -free payment plans from 6 to 24 months. Mayor Burk: Is there any questions at this point? Council Member Nacy: Thank you for providing the map. That was good. If we did do the moratorium, and we did not pass the exemption, would there still be the option at the end of it, whenever that might be, for payment plans and people to get right? Is that something that the Town still offers? Amy Wyks: The Town has always offered payment plans. We've always worked with our customers as well as other utilities. Yes, payment plans are not new to us. We work with them on an individual basis, even prior to the pandemic. That is nothing that will go away. Council Member Nacy: Oh, thank you. Mayor Burt Mr. Bagdasarian? Council Member Bagdasarian: Yes. Thank you, Amy. I have a question. Regarding the timeframe of this, is there a limitation? For example, if we determined or we voted to continue the moratorium through the end of the winter, let's say, March, can this be implemented in April, let's say? Is there a timeframe that is prescribed by the Commonwealth? Amy Wyks: According to the Governor's budget and how he enacted it, it needs to be approved within 60 days of him signing the budget, which is January 18th of 2021. This is our current window. I don't believe that will be brought back up, but the Governor's budget will have to be amended. Christopher Spera: As the legislation is currently enacted, we have until the 18th or else we lose the option to use the exemption. Council Member Bagdasarian: Got it. Thank you. Mayor Burk: Mr. Cummings. Council Member Cummings: Yes, thank you for the information. Last night you described the process that your staff is working very diligently to get in contact with folks. I wanted to make sure, the papers that are going out, whether it's door hanger or the mailings, are they bilingual, or are they printed both in English and Spanish, at least, or other commonly spoken languages here in Leesburg? Amy Wyks: Yes, we do include a sentence or two related to bilingual for our Spanish-speaking community. We do have two customer service representatives that are very fluent in bilingual for that purpose, so yes. Council Member Cummings: Just one more question. If someone's not paying their bill, does the Town have any ability to like, say, place a lien against the home to collect almost like a contractor's lien or anything? Amy Wyks: Yes, we do have the ability to place a lien on the property related to the utilities account. Council Member Cummings: Have we done that before? Have we ever had to do that? Amy Wyks: I'm aware of two in my tenure. Council Member Cummings: Okay. No further questions. Page 201 January 12, 2021 Mayor Burk: Ms. Fox. Council Member Fox: I didn't have any questions until Zach asked that question. Is this something we can suspend if we adopt this? Amy Wyks: When you say suspend? Council Member Fox: Yes, during a state of emergency, is that a practice we can suspend any sort of liens against anybody? Amy Wyks: Well, we're not currently doing them at this time. Council Member Fox: It won't happen during the state of emergency. Amy Wyks: Not at this time, unless we see that as numbers I showed last night, that would be something we'd have to come to Council in the event that our delinquent accounts are increasing to the point that it's impacting the fund. Council Member Fox: Okay, so it would still come back to us, then. Amy Wyks: I wouldn't [crosstalk] that we would. Council Member Fox: I just don't want to see that happen during a hard time. It's not necessary in my opinion. I get it's a business. It's an enterprise system, but we also have to be pretty cognizant of the things that people are going through, and if liens are going on the house, I don't think it's a necessary thing. I think what we've done so far has been great. I think there's been a lot of compassion there, which is what we need to see. A lien on a house, I would put a friendly amendment to suspend that during the state of emergency if possible. Mayor Burk: Is that a necessity to — Christopher Spera: I think that we've been referring to the shutoff as a tool of last result. Frankly, the lien is really the last result. If we shut it off, and we still don't get cooperation, or someone has skipped Town or something like that, I mean, that's really the circumstance where you would go and put the lien on it. That is truly at the end of the remedy list. Council Member Fox: You're saying [inaudible] liens only happen if they skip Town. Christopher Spera: I'm saying that I can't, as I sit here, imagine all the scenarios, but it would be a very limited number of scenarios where somebody is just absolutely not cooperating. It would be akin to getting a judgment. For example, if you went to court and got a judgment, then you'd get a judgment lien. This is a statutory lien for utilities that we're allowed to use, but again, it is -- Council Member Fox: I'm asking to suspend the statutory lien at least, if we need it, at least until the state of emergency is over. Christopher Spera: We could certainly agree to that. I mean, the tools that are in the toolbox are ours to choose to use. Council Member Fox: Then I would like to go ahead and make that friendly amendment, please. Council Member Steinberg: Point of order, Madam Mayor, I'm not sure we actually have a motion on the floor, yet. Council Member Fox Well, then I'll make that motion [crosstalk] - Mayor Burk: Oh, my God, point of order is returned. Page 211 January 12, 2021 Amy Wyks: I would like to clarify the two liens that I am aware of, they were actually liens that the customers requested because they knew that they couldn't make the payments. The two that I am aware of were working with the customer, and that was something that they requested in order to make certain that they could pay the bills and have it penalty -free and whatnot. That's an example there that we worked with them in order to do that because that made the most economical sense for those two customers at the time. Council Member Fox: Well, if they want it, then fine. Christopher Spera: Would it make sense for non-consensual liens? Council Member Fox: Yes. Okay, good. Thanks. Yes. We'll put that non-consensual in there. That's my motion. I know not everybody's had an opportunity to speak to this yet, but I'd like to keep that motion on the table. Mayor Burk: You're going to have to clarify. What is the motion? Christopher Spera: [crosstalk] Go ahead, I'm sorry. Council Member Fox: To pass this resolution, I'm in favor of the resolution, with the proviso that there are no liens during the state of emergency, sorry, non-consensual liens during the state of emergency. Mayor Burt You are amending this resolution to have -- Christopher Spera: Well, I don't think it's an amendment to the resolution because we don't need that in the resolution. It's a condition that would be added by staff in the record and observed by staff if that's the motion that carries. We don't need to include that in the resolution because the resolution is to satisfy the statutory report. Mayor Burk: Do we have to vote on it then? Christopher Spera: I'm sorry. Mayor Burk: Do we have to vote on this then? Christopher Spera: Yes. You'd have to vote on the motion, yes. Mayor Burk: Okay, so this is a condition that we're going to add to the motion. Christopher Spera: It would be a condition to the approval of the adoption of the resolution. Mayor Burk: Okay. That makes more sense. Okay. Condition to the approval of the adoption. Council Member Fox: I apologize for jumping in on that motion before everybody's had a chance to speak. Mayor Burk: Okay, well, we're going to let everybody speak and then come back to that. Everybody here has had a chance to speak. Mr. Martinez. Vice Mayor Martinez: There was a motion made and was there a second? Mayor Burk: Council Member Fox and who made the second? Anybody, any second to this? If there's no second, then it goes down or you -- Council Member Bagdasarian: I have a question. This -- Vice Mayor Martinez: Well, before we discuss it, we have to have a second, so I will second for discussion. Page 221 January 12, 2021 Mayor Burk: Anybody seconding this motion? Christopher Spera: Mr. Martinez will second it for discussion. Vice Mayor Martinez: I will second it for discussion. Mayor Burk: Okay. Mr. Martinez, second for discussion. All right. Mr. Bagdasarian. Council Member Bagdasarian: That will beadded to this resolution if we approve it, correct? Christopher Spera: Well, it would be a condition of approval of the resolution. I want to be careful that we don't put things in the resolution that the state legislation does not require. Council Member Bagdasarian: Got it. Christopher Spera: Right, so the minutes of the meeting and the motion that is reflected in the minutes of the meeting will reflect that there is a condition. The resolution will say, if you vote that way, the resolution will say what it says, but my fear is if we drift too far away from what's required by the State law, if somebody were to challenge it, that they might say, well, there's stuff in here that doesn't belong. That's my concern, but I believe that the minutes of the meeting, reflecting what was voted on, what condition was imposed upon, the passage of the resolution is more than an adequate direction to staff with which staff would have to comply. Mayor Burk: Okay. Mr. Martinez, did you have anything more you wanted to add to this? Vice Mayor Martinez: No. Mayor Burk: Mr. Steinberg? Council Member Steinberg: Yes, I would offer another motion please, and that would be to pass the resolution without any conditions. Mayor Burk: Okay, so -- Christopher Spera: You've got a motion on the floor that's been seconded. Mr. Steinberg has made a substitute motion. The substitute motion would have to be seconded. If it's seconded, you can vote on the substitute motion. If it's not seconded, the substitute motion fails and you go back to the original motion. Mayor Burk: Okay, and if we don't pass the first motion, it really is what Mr. Steinberg is trying to do. Christopher Spera: That's correct. Mayor Burk: Okay. All right, is there a second for Mr. Steinberg? I'll second Mr. Steinberg's motion. Mr. Steinberg, would you like to address it? Council Member Steinberg: Only in that, we're simply trying to offer as much flexibility in what is a bad situation, no matter how you look at it. I'm sure everyone should appreciate that the Town is not out to cause people hardship or harm. The fact is enterprise notwithstanding, at some point, we have hard realities to face and the Town is not allowed to operate this enterprise at a deficit. To limit whatever actions might be available to us at some future date, I personally feel would be a mistake. That's all. Mayor Burk: I seconded it because I think your testimony that two people-- The only two times it has been done is because the people requested it and it was a tool for them. We're taking a tool away from them-- No, because you put a non-consensual. I still think we're taking a tool away. If we haven't done it in 10 years-- You've been here how long? 10 years? Page 231 January 12, 2021 Amy Wyks: I'd say the one that we did, and 1'Il be honest, the years seem to go, it was probably four, five years ago. Mayor Burk: We haven't done it in all that time, why would we do it in the next few months? That doesn't make any sense to me. It seems like we need to make the point that we're doing this, but because we are trying to contact people and get people on a plan. We're not going after people, we're trying to contact them to get them on a plan so that they are not delinquent, and we're not going to get them in a position where the state of emergency is over and they owe thousands and thousands of dollars. We're trying to get ahead of that so that they can be working on a plan in between now and when it's over, and it won't affect them so dramatically. I understand what you're trying to do Ms. Fox, and I understand the empathy that we're trying to create there, but I don't think it's necessary. I think that we need to make sure that we stay with what we originally intended, which was to reach out to those who have not contacted us, put a plan in place. We are not trying to punish anybody. We're trying to help people and get a plan in place so that they can get ahead of any delinquent bills. We're not charging any fees. We're not charging any late fees of any sort or anything like that. We want to help, but we want to keep people from getting to the point where they're in such bad shape that it's very overwhelming to be able to deal with. For that reason, anybody want to speak to this? Ms. Nacy. Council Member Nacy: 1 just have one comment. I think I'm going to be in the minority here, but that's okay. I've wrestled a lot with this, thought about it all night. 1 just think that either way, I'm not going to be able to support this resolution, just because I understand that we are working towards helping people who are in a bad situation, no matter any way we slice it. There were some comments made about people gaming the system, and that's always going to happen, no matter what. My fear is that we will end up hurting people even further. I've been in a position where, I'm blessed now, but I have lived paycheck to paycheck, so I sympathize with the people. You can't get blood from a stone, right? A payment plan, if you don't have the money coming in, isn't going to help, regardless. That's just my standpoint on it. Mayor Burk: You are talking to the motion that Mr. Steinberg made? Council Member Nacy: Yes. Thank you. Mayor Burk: Anyone else want to talk to the motion, Mr. Bagdasarian, to the motion that Mr. Steinberg has made? Council Member Bagdasarian: Not to the motion, just a general question. Mayor Burk: We're talking to the motion. Anybody else? AN right. Then I need to call the question. All in favor of the motion by Mr. Steinberg, indicate by saying aye. Christopher Spera: Madam Mayor, I got to interrupt you because that ultimately would be adopting a resolution, and you haven't called for the public comment portion. Remember, we have that language that-- If you're moving forward on this motion -- Mayor Burk: We have to have a public comment before we can actually vote on it? Christopher Spera: Yes. Mayor Burk: We have nobody that has signed up - Christopher Spera: Nobody signed up, so you can ask whoever's in the room, ask anybody who's online. Mayor Burk: There's nobody in the room. Is there anybody online that would like to speak to this? Page 241 January 12, 2021 Eileen Boeing: There is none. Keith Markel: There's no one online. Mayor Burk: Okay. Now I can say, now we are just voting on the motion that Mr. Steinberg made. All in favor, indicate by saying aye, and I would say aye. Council Member Steinberg: Aye. Mayor Burk: All opposed. Members: Nay. Mayor Burk: Okay, so that's 2-5. That then takes us to the motion that Ms. Fox made on the non- consensual liens. All in favor of that, indicate by saying aye. Council Member Fox: Aye. Vice Mayor Martinez: Aye. Mayor Burk: That's three, are you in favor? Council Member Fox: Yes. Mayor Burk: Okay. Four. I have Mr.-- Correct me if I'm wrong. It's very hard to hear. Did I get Mr. Steinberg, Mr. Martinez, Ms. Burk, and Ms. Fox? Council Member Steinberg: You did not get me. No. Mayor Burk: Okay, so it's three, is that correct? All right, so it's three. Opposed. Council Member Nacy: Nay. Council Member Bagdasarian: Nay. Mayor Burk: You're nay. Council Member Bagdasarian: I'm nay. Mayor Burk: Mr. Bagdasarian, Ms. Nacy, Mr. Cummings. Council Member Steinberg: Nay. Mayor Burk: Okay, so Mr. Steinberg your nay, I'm a little confused, but Mr. Martinez. Vice Mayor Martinez: I was in favor of the motion. Mayor Burk: Oh, that's right. Christopher Spera: [unintelligible 01:08:38] Martinez, Burk. Mayor Burk: That's right. This failed because it's-- Yes. Council Member Steinberg: Mayor Burk, we would be passing the resolution with the condition, is that correct? Mayor Burk: Yes. With this no vote, we will be passing the resolution with that condition. Page 251 January 12, 2021 Council Member Steinberg: A resolution that allows us to suspend the moratorium, correct? Mayor Burk: Correct. Council Member Steinberg: I'll change my vote to aye. Mayor Burk: Okay, so it's now 4-3. That then makes it pass. We have suspended the moratorium, but the liens will not be one of the tools we will use. Amy Wyks: We haven't suspended it, we've been exempt from it. Mayor Burk: We are exempt from it. Christopher Spera: We've satisfied the conditions for exemption from the moratorium with the condition that staff shall not use the tool of a non-consensual lien against the property. Mayor Burk: All right, and so that makes it a 4-3 vote, so it passes. Okay. That was confusing. All right. The next thing is we have unfinished business, which is the boundary line adjustment and the revenue sharing agreement. I am going to make a motion to move pursuant to 2.2-3711(A)(7) and 2.2-3711(A)(8) of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefings by staff members pertaining to the pending litigation of the Town of Leesburg et al, the Loudoun County et al, and Loudoun County -- Vice Mayor Martinez: Madam Mayor. Eileen Boeing: Ma'am. Mayor Burk: What am I doing wrong now? Vice Mayor Martinez: Are we forgetting item F? Mayor Burk: Yes, we are Eileen Boeing: There's two more items on the agenda, ma'am. Mayor Burk: Two more items? Eileen Boeing: There's item F, which is the proclamation, and then new business before we go to the closed session. Mayor Burk: Okay. Yes, I was forgetting F. A move to approve the proclamation for National Mentoring Month to be proclaimed January 26th, 2021. Vice Mayor Martinez: So moved. Mayor Burk: Council Member Martinez. Second. Council Member Fox: Second. Mayor Burk: Council Member Fox. All in favor. All: Aye. Mayor Burt Opposed. That's 7-0. Is there anything that anyone would like to add to a future Council meeting? Council Member Fox: I just have a quick question. The unfinished business, it's still a topic, and I know that it looks like we might go to closed session over this, but I wanted to go ahead and advocate because Page 26J January 12, 2021 it's next on our agenda for the open session because as I stated before, this has been ongoing for a year. We haven't had much talk about it and I've wanted an open session because this has been a conversation between two government bodies. Mayor Burk: Ms. Fox, could you make the motion first so that [crosstalk] discussed. Council Member Fox: Oh, sorry. Mayor Burk: That's okay. Council Member Fox: Okay. I didn't realize I needed to do that, but okay. I'd like to make the motion to go ahead and talk about the boundary line adjustment revenue share agreement. Mayor Burk: Okay. Council Member Fox makes the motion. Is there a second? Seconded by Council - Vice Mayor Martinez: Point of clarification. Does a motion mean that we're not going into closed session? Mayor Burk: Yes, she's making the motion to not go into closed session, but to speak about the boundary line adjustment and revenue sharing agreement. All right, so Council Member Fox made the motion. It was seconded by Council Member Nacy. Council Member Fox, now you. may [crosstalk] - Council Member Fox: Okay, sorry. Mayor Burk: That's okay. Council Member Fox: The only reason I make that motion is because I firmly believe conversations between the County and the Town probably should be as transparent as possible. I can see that there's probably some things that we might want to hear in closed session, which I'm not opposed to. I just feel like this whole process has been on the down -low and I guess I don't understand why. I'd like to get as much information as possible so that people can actually hear what's going on. That's why I made the motion for open session. Mayor Burk: All right. Is there anybody else that would like to speak at this point? All right, there's a motion to discuss the boundary line. Yes? Vice Mayor Martinez: Madam Mayor, I didn't get in there in time. Mayor Burk: It's all right. Vice Mayor Martinez: I can understand Suzanne Fox's statement. What I wanted to do before I vote is, does the Town Attorney feel that we need to go in closed session to make this discussion work? Christopher Spera: Yes, I do. That has been my standing offer on this subject since I was first asked the question about it back in the fall. I can't remember which Council Member asked me. I made that offer at that time and I have yet to be taken up on it, and so we added it to the agenda potentially as a closed session item for this evening. Vice Mayor Martinez: Thank you. Madam Mayor, as a point of order or clarification, are we going into a closed meeting session before we talk about new business? Mayor Burk: Before we talk about new business? Christopher Spera: The closed sessions at the end of the agenda, Madam Mayor, so no. To answer Mr. Martinez's question, is no. Page 271 January 12, 2021 Mayor Burk: No. Oh, okay, I see what you're talking about. New business being number 16. Okay. I messed up on that, Mr. Martinez, which I seem to be doing tonight. We will be talking about new business before we go into closed session, yes. All right? Vice Mayor Martinez: Okay. Mayor Burk: All in favor of discussing the boundary line adjustment and revenue sharing agreement, indicate by saying aye in public. Indicate by saying aye. Council Member Fox: Aye. Council Member Nacy: Aye. Mayor Burk: Opposed? Council Member Cummings: Nay. Council Member Bagdasarian: Nay. Council Member Steinberg: Nay. Vice Mayor Martinez: Nay. Mayor Burk: Okay, so that's 5-2. Then that takes us to new business. Mr. Martinez, this is yours. Did you want to make a motion? Christopher Spera: This is Mr. Steinberg's, I believe. Mayor Burk: Oh, this is Mr. Steinberg's? Okay. Council Member Steinberg: Yes, Madam Mayor. I'll make a motion. We have the language-- just pull it up here, for the resolution number 25. Do you want me to just read it in its entirety? Is that what's required here? Mayor Burk: No, I don't want you to read it. Council Member Steinberg: Thank you. All right, then I would make a motion to approve this resolution as written. Vice Mayor Martinez: Second. Mayor Burk: Mr. Steinberg. Mr. Martinez seconded. Do you want to say anything to it, gentlemen? Council Member Steinberg: Yes, I would. I don't think it's unknown to anyone the events of the 6th of January, on the grounds and in the building of the United States Capitol. It put many lives at risk and actually cost the life of a US Capitol Policeman. The perpetrators of the violence are certainly going to pay a certain price. Part of this resolution recognizes the events of the day and the seriousness of the events of the day. The second part is, in the opinion of many, takes the task elected official who has perpetuated what have been proven to be false statements regarding the presidential election of November 2020. In the minds of many has led directly to the violent reactions of a good portion of the people in the country who constantly hear from elected officials that we have a stolen or rigged election. This is, in my opinion, an untenable position for an elected official to be in or to offer. I would say that in the strongest of terms, and that is why a resolution is being offered. Thank you. Mayor Burk: Mr. Martinez, you seconded. Do you want to say anything? Page 281 January 12, 2021 Vice Mayor Martinez: I do have to agree. I do know that there have been a lot of comments about, "Oh, let's not do things like things like this, let the nation heal." I would say, before you can do any healing, you need to make those accountable suffer the consequences of their actions. Everybody says, "Well, what about free speech?" Well, there is a limit to free speech. You cannot put people into positions where they're doing harm. I feel that what Delegate LaRock has done has perpetuated conspiracy and helped make January 6 happen. I agree with Council Member Steinberg in that this is something that we have to have a voice in. Most of our residents are in his district, or some of our residents. I think we need to be a voice and ask for this. Thank you. Mayor Burk: Anyone else have anything they would like to say? Ms. Fox? Council Member Fox: Yes, I do. I have a statement. Mr. Steinberg, as he presented this did say this was his opinion, and it's just that, it's an opinion. There are a lot of residents who are not represented by this particular resolution. I do believe that there is a version of this resolution that could be unanimous support and bring everybody together, but this is not that version. This version appears to be carefully crafted to cause division, making statements and claims that everyone on this dais, whether they agree with it or not, knows are divisive. I think we can all agree that the attack on the Capitol was unjustified, it was dangerous and it should be condemned in no uncertain terms. At the same time, I think we can point out how the attack was a product of the increasing divisiveness that we've seen take hold across this nation, and it's coming here too. We must make an effort to heal those divisions and bring people together. I could confidently sign on to a resolution making these points and know that I'm representing the entirety of the community as I do so. However, rather than condemning the divisiveness and seeking to diminish the rhetoric that has gotten us to this point, the current version of this resolution is unduly partisan, and it seems to double down on the division that we should be attempting to diminish. It is one thing to punish those who have broken the law. It was totally proper, for instance, for the delegate from West Virginia, Derrick Evans constituents to call for his resignation since he illegally broke into the Capitol, apparently with the intent of intimidating federal legislators. This proclamation, what we're essentially doing with it is calling for the condemnation of anyone who has articulated dissenting viewpoints on the subject of November's elections. We must draw a very bright line here. We can all stand with one voice in condemning these lawbreakers, but to suggest that it's proper to call for a resignation of an elected official because they either participated in or encouraged the lawful and peaceful exercise of their first amendment rights to free speech and assembly is an entirely different matter both legally problematic and intentionally divisive. Do we go back and say that every elected official who ever encouraged the BLM protests, where violence broke out, should be condemned or shame them into resigning? Of course not. That would be idiotic, and I highly doubt the author of this resolution would highly suggest we would do so. We need to have some consistency here. I would strongly urge that we take this back to the drawing board so that together we can draft a version that will send a positive and uniform message to the community. I can't in good conscience sign on to a divisive resolution like this that does not represent the sentiments of the entirety of the Leesburg community. Thanks. Mayor Burt Anyone else at this point? Ms. Nacy? Council Member Nacy: I do have a couple of comments, not quite as eloquently written as Ms. Fox, but similar sentiments. At a time when we need unity, I believe this will only seek to cause more divisiveness. Political grandstanding, at any level, is not really what we need right now in this country or in Leesburg. A lot of us made campaign promises to be non-partisan, and this feels like a very partisan resolution. At least me, I can hold myself accountable for saying that I was going to stick to being very non-partisan as this position entails. Page 291 January 12, 2021 We've got a lot of really important things that we're working on in Leesburg. We're in the middle of a pandemic, trying to get over it, trying to help our residents, our businesses. I really want that to be our focus, instead of focusing on things like this. We can all have our own personal opinions about it, certainly, but I don't feel like we need to represent as a Council an opinion on this matter. I just stand firm that while we may not like every word spoken by each other or other people in general, it is our first amendment right to have that say. Thank you. Mayor Burk: Mr. Bagdasarian. Council Member Bagdasarian: Yes, like Council member Nacy, this is not how I hope we would start on this new Council. The thing is, and I do have a brief statement as well, it's not okay. As an American, it's not okay to invade our Capitol. Insurrection to dismantle the democratic process that countless patriots have fought to defend is not okay. As an elected official who represents the people of Leesburg, it's not okay for any representative to spread disinformation or conspiracy theories and to sell them as a truth. It is not okay to deliberately undermine every institution that weaves the fabric of American democracy for political purposes, and this is for anybody. It's not okay to dismantle the ruling of courts at all levels for conspiracy theories, to amplify half-truths and non -facts. We need to replace conspiracy theories with civil discourse. We need to respect the rule of law and not repeat and repeat a lie. It is reckless, irresponsible, and unacceptable for any elected official to propagate such disinformation, and there needs to be accountability. Our constitution was framed as a system for safe and civil self- rule, a peaceful transfer of power and that's with whether its Town, cities, counties, states, or nationwide. Invading our own Capitol is not who we are, and it's a very dangerous and misguided crime. As President Lincoln once stated, "If destruction be our lot, we must ourselves be its author and finisher." It's not okay. Thank you. Mayor Burk: All right. I do have a short statement, and this is, America watched in horror as the United States was overtaken by insurrectionists on January 6th, 2021 in Washington, DC. Our 33rd District Delegate Mr. LaRock participated in Stop the Steal event. That was not a protest. It was attack on democracy, which provoked the crowds to fight against the results of a fair and free election to lead to riot, destruction, and desecration of the US Capitol. Since the November 3rd, 2020 election, Mr. LaRock has been complicit in the lie without evidence that the presidential election was stolen. Many of his social media posts and attendance at events have centered on reversing the election. After the failed coup, he concluded in a statement that anger over the election resulted is understandable and acceptable. No, it's not. Mr. LaRock made repeated false statements about the election that galvanized people to rebel against the country and the constitution of which he swore an oath to support. His behavior helped to enable and encourage the attack on our nation's Capitol by those seeking to overturn our election, who were intent on harming Congress members and destroying our democratic system of government. Whereas Mr. LaRock has sought to undermine the Constitution of the United States, I feel strongly that I must condemn the acts of insurrection leading up to and including all actions taken at the Stop the Steal event and the riots at the US Capitol on January 26. I must condemn Mr. LaRock's despicable comments and actions, which promoted insurrection. I must condemn Mr. LaRock for failing to uphold the United States Constitution by attempting to deny Americans their vote in a fair and free election. I reaffirm the election process that took place on January 6, 2020, and I affirm in the strongest term my support for and commitment to the United States Constitution. The lies have got to stop. Therefore, I will be supporting this resolution. I too wish that we were not doing this at this time, but I don't think silence is acceptable at this point. We have a motion by Mr. Steinberg, seconded by Mr. Martinez. All in favor, indicate by saying aye. Council Member Steinberg: Madam Mayor, my motion, I think I can have the last comment here. Is that true? Page 301 January 12, 2021 Mayor Burk: Yes, you may have another comment if you [crosstalkj- Council Member Steinberg: Thank you. Real brief. Mayor Burk: Three minutes. Council Member Steinberg: No, it's not even going to be that long. I would just offer that if the protection of the US Constitution and the rule of law is not important and as non-partisan as it gets, then I don't know what is. The result of the 2020 election is not still a question, it is a fact. We have elected officials, they continue to deny reality and sowing doubts in the minds of their constituents. In my mind, that is unacceptable behavior for any elected official who has sworn to uphold the Constitution. That's why I'm in strong support of this resolution. Thank you. Mayor Burk: All in favor, indicate by saying aye. Council Member Cummings: Aye. Council Member Bagdasarian: Aye. Vice Mayor Martinez: Aye. Council Member Steinberg: Aye. Mayor Burk: Opposed? Council Member Nacy: Nay. Council Member Fox: Nay. Mayor Burk: All right. That passes 5-2. I asked if anybody had future Council meeting topics and no one came up. No one had anything at this point, so that does then lead us to the closed session. I move pursuant to 2.2-3711(A)(7) and 2.2-3711(A)(8) of the Code of Virginia that the Leesburg Town Council convene in a closed meeting for the purpose of consultation with legal counsel and briefings by staff members pertaining to the pending legislation of the Town of Leesburg et al, Loudoun County et al, Loudoun County Circuit Court number 19-1768 where such consultation in open session would adversely affect the negotiating or litigating posture of the Town, and consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel, and pertaining to a potential annexation and/or boundary line agreement with respect to the JLMA. Do I have a second? Council Member Fox: Madam Mayor, before we do that, we do have a Council member comments. Vice Mayor Martinez: Second. Council Member Steinberg: Second. Mayor Burk: We were going to come back and do the comments. Council Member Fox: [inaudible] so we are coming back? Mayor Burk: I thought we would do it after, but if Council would prefer -- Council Member Fox: No, no, it's okay. [inaudible] Mayor Burk: No. We have comments to make. Thank you. I moved it, is there a second? Page 311 January 12, 2021 Vice Mayor Martinez: Second. Council Member Steinberg: Second. Mayor Burk: Who did it? Christopher Spera: It was Mr. Martinez. Mayor Burk: Mr. Martinez? We'll let Mr. Martinez have it. We are going into closed session. AU in favor, indicate by saying aye. Council Member Cummings: Aye Council Member Bagdasarian: Aye. Council Member Steinberg: Aye. Mayor Burk: Opposed? Council Member Fox: Nay. Mayor Burk: That's 5-2. All right. We are in closed session at this point. [Council Convened in Closed Session from 8:27 p.m. to 10:18 p.m.] Mayor Burk: Are we ready? Okay. In accordance with Section 2.2-3712 of the Code of Virginia, I move that the Council certify, to the best of each members knowledge, only public business matters will 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 meetings were convened, or heard, discussed and considered in the meeting by Council. Council Member Fox. Council Member Fox: Aye. Mayor Burk: Council Member Steinberg. Council Member Steinberg: Aye. Mayor Burk: Vice Mayor Martinez. Vice Mayor Martinez: Aye. Mayor Burk: Council Member Nacy. Council Member Nacy: Aye. Mayor Burk: Council Member Bagdasarian. Council Member Bagdasarian: Aye. Mayor Burk: Council Member Cummings. Council Member Cummings: Aye. Mayor Burk: Mayor Burk. Aye. We are now at comments and I will start with Mr. Steinberg, do you have any comments for tonight? Council Member Steinberg: I do not. Thank you. Page 321 January 12, 2021 Mayor Burk: Mr. Martinez? Council Member Martinez: I just want to welcome all the new Council candidates and -- Mayor Burk: They're not candidates anymore. Council Member Martinez: Well, all the new Council Members. Mayor Burk: There you go. Vice Mayor Martinez: You've done a great job. It's an eye-opening experience once you're on this side of the dais. Oh, I did have one disclosure. I talked to Peter Kalaris on a telephone conversation, I think it was the sixth, seventh. Eileen has my disclosure form and that is all. Mayor Burt All right. Miss Fox. Council Member Fox: Thank you. I also want to go ahead and disclose that I had a meeting with Peter Kalaris too on December 28th about the Meadowbrook Commercial Property. I also want to welcome the new Members and I've got some comments and I wanted to go ahead and direct them more to you, but of course, it's for everybody. Welcome to the new Members. I wanted to bring up two points, I had a couple of things that really bothered me yesterday. I know there was some confusion and I asked a little bit about it. I wanted to bring up two points. One was that we can most definitely be around one another and talk to one another as we did last night while getting a cup of tea before the meeting, just as long as we're not discussing Town business. I don't believe it was correct to be told that we can't be talking together amongst ourselves, but if we were in a room talking about Town business, that wouldn't have been correct. I think we all are adults enough to understand FOIA. Also for clarity's sake, it's my belief that last night's organizational items really weren't organizational items, they were nothing more than a wish list. Most of those topics were agenda items leftover from past years that didn't get enough votes or support to pass them with another Council. When I asked our Town Manager after our meeting last night and Town Attorney why these items were actually on the agenda, the attorney didn't really opine, but I was told by Kaj that all Councils do things differently, which is true and that the Council had not discussed how we'll be doing things. As I thought about that, I thought, of course we haven't because last night was our first meeting and we haven't had that discussion yet. If we wanted to change the rules, we probably should have done it as an organizational item, honestly. We have rules in place to bring agenda items up for discussion and those rules are outlined in our Council rules and procedure. We're actually still bound by those until we vote to change them and we can certainly do that. If the majority of us are okay with changing the rules, that's fine, but we should codify it and make sure if one of us is putting stuff on the Council agenda, we can all call Kaj and do the same thing. I know there's excitement about the apparent shift in the balance of power with new Members seated on the Council. I understand that the dynamic going forward is likely to be different and actually, that'll take a little bit of getting used to, especially for me, but still we have rules, policies, procedures and traditions that should be considered the default unless we take some affirmative steps to actually change them. I would like to also suggest, particularly to the new Council Members, that because you have votes, the votes that can force something through that doesn't mean you should. Council should stay away from making partisan proclamations and other actions that don't actually solve any problems but are instead calculated to score political points, settle political vendettas, or bully political opponents. I'm sure it's naive every time I bring this up, but the Town Council is actually intended to be a nonpartisan body. Yet some of us seem to intend on using this position to overly wage partisan battles that don't do anything to enhance the lives of the residents and the businesses we serve. Over the past six years, I've really enjoyed the opportunity to work with my fellow colleagues, both on and off the Council who might not even share my political views as we worked to address the opportunities that we faced in our Town. I think we've gotten a lot done. Page 331 January 12, 2021 I'd like in the spirit of non-partisan collaboration to actually continue. If we continue, though, insist on dragging partisan national and state political issues into this dais, I fear it will negatively impact our ability to work together productively and I would challenge each of us to consider this before getting on part board with any partisan resolution, anything like that, allowing us to be co-opted into crusades for political issues that we have with other Council Members. Welcome. That's my welcome to you. Sorry. [laughs] Mayor Burk: Mr. Cummings. Council Member Cummings: Thank you Mayor. I'm honored to be here and honored to be serving the people of Leesburg. I urge any member of the public to reach out to me with their questions and concerns. As elected officials, our words matter. When you questioned the validity of an election with rumors, innuendos and conspiracy theories, you harm our democracy. Those elected officials that inspire divisiveness and insurrection must be held accountable for their words and their actions. What we have witnessed on January 6111 was an attack on the very seat of our democracy and was spurned along by the words of some of our elected officials. We all must remember that our words matter. With that being said, I look forward to working with everyone elbow -to -elbow with all the Members, no matter the party. When I disagree with you, I'm going to disagree without being disagreeable. I think we have a lot of issues to handle and I think we're going to work well together. I look forward to working with staff and the rest of the Council to get things done and keep our Town moving forward. Thank you. Mayor Burt Mr. Bagdasarian. Council Member Bagdasarian: Really no comments, just want to share my optimism looking forward to working with everybody up here and really want to get some things done. I know there's a lot of things on the horizon and really looking forward to it. That's it for me. Thank you. Mayor Burk: Ms. Nacy. Council Member Nacy: Thank you. Same, I don't have any disclosures and my only comments are excited to get 2021 off to a better start than our 2020 was. [laughs] Thank you. Mayor Burk: Anytime. Mr. Martinez. Vice Mayor Martinez: I have already went, but I can do it again. [laughter] Mayor Burk: No, you already went. Did Mr. Steinberg go? Vice Mayor Martinez: Yes. Mayor Burk: All right. It's me. Sorry. [laughs] I want to welcome the new Members. It's great to have you here. I can tell that we're going to be a group that's willing to discuss all sorts of different items that come before us and come to some consensus. It's truly refreshing to know that we're going to be tackling hard agenda items, but we're going to do it and you've already shown that you're willing to do it and that's very impressive. We're going to talk about things and we're going to make decisions based on those discussions. I will not always agree as Mr. Cummings stated, but that's okay because we're going to do some really important stuff for the Town and it's really great. I want to thank the Girl Scout Troop 2718 for thinking beyond their own world. They planted a tree in memory of all the victims who have fallen to COVID and all of the heroes that have emerged from the crisis. I want to thank them and we can always remember those we've lost who have lost their lives. Let us not forget them. I want to thank the leader, Tara Holt, for organizing the girls and getting them so excited to do this project and they were very excited to do this project. I want to thank Mr. Peter Burnett with whom I met today about-- There are some people who see something and really go after it. Page 341 January 12, 2021 Mr. Burnett is one of those people. He came to me and talked about this idea of an Ampersand Project and I said, "Great, go ahead." When he left, I thought, oh, no way and he made it happen. Well, he has another idea and he's looking at the Liberty Parking Lot and what can be done there and that project is so exciting. Now, we're going to talk about what we want to do with the Liberty Lot during our retreat. I asked Mr. Burnett to reach out to each of you to share this project. I hope you'll keep an open mind and share the excitement and the vision that this man has, that maybe we can make some of it or all of it happen. It really is exciting to know that there are people in Town that love this Town so much that they give so much of their time, energy and money. Thanks to Mr. Burnett for all that he does and look forward to hearing from him. That's all I have. Do you have anything tonight? Kaj Dentler: No comments. Mayor Burk: Do I have a motion to adjourn? Okay. Motion was made by Council Member Nacy and Mr. Bagdasarian. All in favor. Members: Aye. Mayor Burk: Oppose. Then you can stay here. Okay. Good night everyone. Council Member Steinberg: Good night everyone. Page 351 January 12, 2021