HomeMy Public PortalAbout2021_tcmin0126 COUNCIL MEETING January 26, 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, Director of Planning and Zoning Susan Berry Hill. Senior
Planning Project Manager Scott Parker, Management and Budget Officer Jason Cournoyer
and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Fox.
3. SALUTE TO THE FLAG was led by Council Member Bagdasarian.
4. ROLL CALL
a. Remote Participation
Vice Mayor Martinez and Council Member Steinberg requested to
electronically participate in the January 26, 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.
MOTION2021-014
On a motion by Council Member Cummings, seconded by Council Member Nacy, the
following was proposed:
To allow Vice Mayor Martinez and Council Member Steinberg to electronically
participate in the January 26, 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 January 11, 2021
MOTION2021-015
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the
minutes of the Work Session of January 11, 2021, were moved for approval.
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COUNCIL MEETING January 26, 2021.
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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
b. Regular Session Minutes of January 12, 2021
MOTION2021-016
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the •
minutes of the Regular Session of January 12, 2021, were moved for approval.
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
6. ADOPTING THE MEETING AGENDA
MOTION2021-017
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following
was proposed:
To suspend the Council Rules of Procedure to allow for the addition of and agenda item to
approve the Pandemic Business Assistance and Recovery Plan
(A suspension of the rules must be unanimous.)
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
MOTION2021-018
On a motion by Council Member Cummings, seconded by Council Member Bagdasarian, the
meeting agenda was moved for approval with the addition of item 13.e. —Pandemic Business
Assistance and Recovery Plan.
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
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COUNCIL MEETING January 26, 2021
7. CERTIFICATES OF RECOGNITION
a. Members of the H-2 Work Group
Mayor Burk recognized BAR Members Teresa Minchew, Dale Goodson and
Richard Koochagian and Planning Commission Member Gigi Robinson for their
work on the H-2 Guidelines.
8. PRESENTATION OF PROCLAMATIONS
Mayor Burk proclaimed the following proclamations:
Recognition of Girl Scout Troop #2718
Recognition of Eagle Scout William Murphy
National Mentoring Month
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
Mayor Burk reported on her calls with the Northern Virginia Regional Commission.
11. PETITIONERS
The Petitioners section was opened at 7:13 p.m.
Mike McLister. Spoke to Council about his concept for increasing revenues in
Town and working together in a public private partnership to explore ideas to increase
revenues via property taxes, consumption, and BPOL taxes.
Eric Thomas, 301 Shiloh Place SE. Spoke to Council as the Director and Founder
of the CJ3 foundation that serves United States military service members, veterans,
disabled veterans, law enforcement, fire and emergency first responders, and the nation's
wounded heroes. Mr. Thomas asked Council, specifically the Mayor, for her participation
in video sessions when service dogs are provided to their recipients.
The Petitioners section was closed at 7:23 p.m.
12. APPROVAL OF THE CONSENT AGENDA
Council Member Fox requested item 12.c. —Amendment to Right of Way License
Agreement with Lumos Networks, Inc. for Installation of Telecommunications Facilities
Serving Loudoun County Government and item 12.g. —Update of Operation and
Maintenance Documents (O&M) for Water Pollution Control Facility, be removed from
the Consent Agenda for discussion.
MOTION2021-019
111 On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following
consent agenda was proposed with items 12.c. —Amendment to Right of Way License Agreement with
Lumos Networks, Inc.for Installation of Telecommunications Facilities Serving Loudoun County
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COUNCIL MEETING January 26, 2021
II Government and item 12.g. — Update of Operation and Maintenance Documents(O&M)for Water
Pollution Control Facility removed:
a. Appointment to the Economic Development Commission
RESOLUTION2021-017
Making an Appointment to the Economic Development Commission
b. Making an Appointment to the Board of Architectural Review
ORDINANCE 2021-0-003
Making an Appointment to the Board of Architectural Review
d. Third Amendment to Carr Tank II Antenna Lease Agreement with T-Mobile
RESOLUTION2021-018
Authorizing a Third Amendment to the Lease Agreement with T-Mobile
Northeast, LLCfor Telecommunication Antennas on the Town Water Tower
Located at 550 Fort Evans Road, NE, Leesburg, Virginia(Carr Tank II)
e. Town-wide Safety, Health, and Environmental Services Contract
RESOLUTION2021-019
Award a Town-Wide Health, Safety and Environmental Services to Aerosol
Monitoring&Analysis, Inc.
f Roof Repair and Modifications at Water Treatment Plant
RESOLUTION2021-020
Awarding the Construction Contract for the Water Treatment Plant Roof
Repair and Modifications
h. Change Order for Inspections Support for Utilities
RESOLUTION2021-021
Approving a Change Order for a Task Order for Utility Right of Way Permit,
On Site Development, and Utility Projects Inspections Services to WRA in the
amount of$149,998.77
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
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COUNCIL MEETING January 26, 2021
c. Amendment to Right of Way License Agreement with Lumos
Networks, Inc. for Installation of Telecommunications Facilities
Serving Loudoun County Government
MOTION 2021-020
On a motion by Council Member Fox, seconded by Council Member
Bagdasarian, the following was proposed:
RESOLUTION2021-022
Authorizing the Town Manager to Execute a Second Amendment to the Right
of Way License Agreement between the Town of Leesburg and Lumos
Networks, Inc.for Telecommunications Facilities Serving Loudoun County
Government Facilities
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
g. Update of Operation and Maintenance Documents (O&M) for Water
Pollution Control Facility
MOTION2021-021
On a motion by Vice Mayor Martinez, seconded by Council Member
Cummings, the following was proposed:
RESOLUTION2021-023
Approving a Task Order for the Update of Operation and Maintenance
Documents for Water Pollution Control Facility to Stantec in the Amount of
$101,000
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor
Burk
Nay: Fox
Vote: 6-1
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Update of Previously Approved Initiation of Zoning Ordinance Text
Amendments to the Planned Development-Commercial Center-Small
Regional Center (PD-CC-SC) District to Allow Gas Pumps and
Associated Convenience Store or Kiosk as By-Right Uses
MOTION2021-022
On a motion by Vice Mayor Martinez, seconded by Council Member
Steinberg, the following was proposed:
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COUNCIL MEETING January 26, 2021
RESOLUTION2021-024
To Initiate Zoning Ordinance Text Amendments to Article 8 to Allow Gas
Pumps and an Associated Convenience Store or Kiosk as By-Right Uses
Accessory to a Primary Commercial Use in the PD-CC-SC District and
Amendments to Articles 9 and 18 Use Standards and Definitions
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
b. Motion to Approve the Proclamation for Recognition of The
Honorable Frederick R. Howard
MOTION2021-023
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was
proposed:
I move to approve the Proclamation for Recognition of The Honorable Frederick R.
Howard to be proclaimed at the February 9, 2021, Town 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
c. Motion to Approve the Proclamation Recognizing Reverend Deborah
Dodson Parsons
MOTION2021-024
On a motion by Mayor Burk, seconded by Council Member Bagdasarian, the
following was proposed:
I move to approve the Proclamation recognizing Reverend Deborah Dodson Parsons
to be proclaimed at the February 9, 2021, Town 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
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COUNCIL MEETING January 26, 2021
d. Council Planning Retreat
MOTION 2021-025
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
I move to postpone the Council Planning Retreat previously confirmed forJanuary
30, 2021 per Town Resolution 2021-014 to a date to be determined later by Council.
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
e. Pandemic Business Assistance and Recovery Plan
Plan as amended:
• Continue outdoor dining program- $25,000
• Move forward with$500,000 in grants
o Establish two tiers—one for$25,000 - $749,999 in gross
receipts eligible for$5,000 grants and the other for$750,000 to
$2.5M in gross receipts eligible for$10,000 grants
o Business physically located in the Town as listed on Town
Business License
o Licensed and operating in the Town on March 1, 2020
o Demonstrate a 15% minimum loss
o Current and in good standing or entered into a payment plan
o Remove the number of employees requirement
• Allocate $50,000 for the improvements to the Economic
Development Web site
MOTION2021-026
On a motion by Council Member Cummings, seconded by Council Member Fox, the
following was proposed:
RESOLUTION2021-025
Pandemic Business Assistance and Recovery Plan as amended
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
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COUNCIL MEETING January 26, 2021
14. PUBLIC HEARINGS
a. TLZM-2020-0003, Leesburg Premium Outlet Mall Concept Plan and Proffer
Amendment(rezoning) Application
The public hearing was opened at 8:40 p.m.
Senior Project Planning Manager Scott Parker and the Planning Department
presented Council with the concept plan and proffer amendment(rezoning
application) TLZM-2020-0003 for the Leesburg Premium Outlets.
Mr. John Dionis representing the applicant, Simon Properties, spoke to
Council about their application and gave a general overview of their project.
Public Speakers:
There were no public speakers wishing to speak at the Public Hearing.
The public hearing was closed at 9:09 p.m.
MOTION2021-027
On a motion by Council Member Fox, seconded by Council Member Nacy, the
following was proposed:
ORDINANCE 2021-0-004
Approving TLZM-2020-0003, Simon Properties(Leesburg Premium Outlet
Mall)Concept Plan and Proffer Amendment to allow 2,000 square feet of
additional retail, and allow certain uses prohibited by existing proffers
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
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Fox disclosed she met with Mr. Peter Burnett to discuss the
Liberty Parking Lot. Ms. Fox asked for an information memo regarding the trees along the
South King Street corridor as she was informed by Mr. Harrison, a Loudoun County
arborist, that said they were too close to the road. Mr. Dentler stated that he also spoke to
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COUNCIL MEETING January 26, 2021
Mr. Harrison and had the Town arborist assess the trees and it was determined that they
have been planted appropriately.
Council Member Nacy disclosed that she met with Mr. Peter Burnett to discuss the
Liberty Street Parking Lot.
Council Member Bagdasarian commented on National Mentoring Month
proclamation and mentioned the good work being done by the Young Entrepreneurs
Academy that the County and Town have been running for five years. Mr. Bagdasarian
requested a Work Session discussion on the potential of webcasting and archiving Town
Board and Commission meetings.
It was the consensus of Council to add this item to a future Work Session.
Council Member Cummings requested to have Council in advance of their
rescheduled retreat send the Town Manager three or four goals that they would like to
achieve over the next two years. Mr. Dentler would look for commonality among the
responses and include them for discussion at the last Work Session in February.
It was the consensus of Council to have Council forward the information to Mr. Dentler and
add this item to the February 22, 2021, Work Session.
Council Member Steinberg disclosed that he met with Mr. Peter Burnett to discuss
the Liberty Street Parking Lot.
Vice Mayor Martinez requested to have staff liaisons ask their Boards and
Commissions for input on changes they would like to see made to their Board or
Commission to provide insight during the Council Retreat discussion on potential changes.
There was no consensus to move forward with this item.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk presented the last check to the Leesburg Volunteer Fire
Department. Mayor Burk thanked Tammy Carter for hosting the virtual Martin
Luther King March. Mayor Burk expressed sorrow for the fire suffered at Mr.
O'Connor's buildings that affected two downtown businesses—the Yummy Pig and
the Wild Geese Pub. Mayor Burk congratulated the Girl Scout Troop who put
together a sharing library on Ginkgo Terrace with the help of the local Boy Scout
Troop.
19. TOWN MANAGER COMMENTS
Mr. Dentler noted that the format for the annual Flower and Garden Show
has changed and will be held at Ida Lee Park this year.
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COUNCIL MEETING January 26, 2021
20. CLOSED SESSION
a. Personnel Discussion Relating to the Six Month Performance Evaluation of
the Town Attorney
MOTION 2021-028
On a motion by Mayor Burk, seconded by Council Member Cummings, the following
was proposed:
I move pursuant(AA2.2-3711(A)(1)of the Code of Virginia that the Leesburg Town
Council convene in a closed meeting for the purpose of a personnel discussion relating
to the six month performance evaluation of the Town Attorney.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Nacy, Vice Mayor Martinez, Steinberg and
Mayor Burk
Nay: None
Vote: 7-0
Council convened in a Closed Session at 9:30 p.m.
Council reconvened in an Open Session at 9:49 p.m.
MOTION2021-029
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 Cummings, seconded by Council Member Nacy, the meeting
was adjourned at 9:50 p.m.
Kell B , Mayor
Town of Leesburg
ATTEST:
Clerk of Council
2021 tcmin0126
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January 26,2021 —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:All right. I would like to call to order this January 26th,2021,Town Council meeting.
If anyone in the room needs hearing assistance, please see the Clerk. Council Member Fox will be
doing the Invocation, followed by Council Member Bagdasarian, will do the Pledge of Allegiance.
Please, Miss Fox, lead us in the Invocation?
Council Member Suzanne Fox: Sure.Our Father in heaven,we're grateful for this day,and for all Thy
blessings.We ask to get this time to look upon us, and bless us with Thy grace, as we go forth and do
the work of this Town.We ask Thee, that those who are sick, and those who are suffering otherwise,
would have some relief, and we ask that they would come back to us,and in full health.We say these
things in Thy name,Amen.
Mayor Burk:Thank you. Please join us in the Pledge.
Everyone: 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: At this point, I need a motion to allow Council Member Steinberg, and Vice Mayor
Martinez,to electronically participate in the January 26th, 2021,Town Council meeting.
Council Member Zach Cummings: So moved.
Mayor Burk: So moved by Council Member Cummings. Is there a second?
Council Member Kari Nacy: Second.
Mayor Burk: Seconded by Council Member Nacy.All in favor, indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed?So that is five, zero,two. Gentleman,you may now participate, and everyone
is at the meeting tonight. I need a motion for work session, January 11th, 2021 minutes. Is there a
motion?
Vice Mayor Fernando"Marty" Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez.
Council Member Cummings: Second.
Mayor Burk: Seconded by Council Member Cummings.All in favor, indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed?That is seven, zero. Regular session minutes from January 12th.
Vice Mayor Martinez: So moved.
Mayor Burk: Moved by Vice Mayor Martinez. Second?
Council Member Cummings: Second.
Page 1 1 January 26, 2021
Mayor Burk: Seconded by Council Member Cummings.All in favor?
Council Members:Aye.
Mayor Burk: Opposed?That passes seven, zero. Do I have a motion to adopt the meeting agenda?
Council Member Cummings: So moved.
Mayor Burk: So moved by Council Member Cummings.
Vice Mayor Martinez: So moved.
Mayor Burk: Second?
Council Member Ara Bagdasarian: Second.
Mayor Burk: Seconded by Council Member Bagdasarian. Is there anything that anybody wants
amended or deleted?All in favor, indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed?All right.We have a certificate--
Christopher Spera: Madam Mayor[inaudible].
Mayor Burk: Okay, is that the thing you sent me to that we have to do?
Christopher Spera: Yes.
Mayor Burk: Okay.
Mayor Burk: Sorry, I didn't—Could I have a copy of it?
Christopher Spera: Yes.
Mayor Burk: I'm sorry. [laughs] I thought we did it at the time, I didn't realize we would need to do it
now.
Christopher Spera: [inaudible].
Mayor Burk: Okay.All right. I will read this, if no one has any objections,we'll proceed with it.There is
a pandemic relief financial poverty plan that was supposed to be discussed at last night's work session,
and would have potentially have been on tonight's agenda.The weather related cancellation of the work
session prevented that from happening.
Mr.Cummings has asked that we add the item to this evening's agenda for legislative action in the form
of a resolution. In order to do that, we would have to unanimously pass a motion to suspend the
procedural rules for the purpose of adding the proposed pandemic relief financial recovery plan
pursuant to rule nine of Council rules of procedures. So, do I have a motion that we suspend the rules
and it must be unanimous?
Council Member Neil Steinberg: So moved.
Vice Mayor Martinez: Second.
Mayor Burk:So moved by Council Member Steinberg,seconded by Vice Mayor Martinez. Is there any
objections?All in favor, indicate by saying aye.
Council Members:Aye.
Page 21 January 26,2021
Mayor Burk: Opposed?Okay,the suspension applies and that will be put on our meeting agenda.
Christopher Spera: It's at number 13, E, I believe.
Mayor Burk: Right.Thank you,appreciate the help there.
Christopher Spera: Thank you, Madam Mayor.
Mayor Burk:[chuckles]All right,we have Certificates of Recognition and I will read them for the record,
but they are-- no one is here to collect them today, so we have been sending them to people rather
than have them come into the meeting.This proclamation is for a National Mentoring Month.
Eileen Boeing: [inaudible]
Mayor Burk: Pardon me? Oh, of the work group, you want that first, okay. Sorry. I see two. Isn't there
a third one?There should be three.
Eileen Boeing: It's the certificates. [inaudible]
Mayor Burk: Oops, [unintelligible]
Eileen Boeing: It's the red one. It's the red folder.
Mayor Burk: It's in the red folder?Oh,okay.Thank you.All right.These are Certificates of Recognition
and are some of these people here tonight? No, they're not either. We are giving out a Certificate of
Recognition to Teresa Minchew for dedication and service to the Board of Architectural Review and
Planning Commission H-2 Work Group from February 2017 to December 2020.
We are also recognizing Gigi Robinson for dedicated service to the Board of Architectural Review and
Planning Commission H2 Work Group from February 2017 to December 2020.We are also recognizing
Dale Goodson for his dedication and service to the Board of Architectural Review and Planning
Commission H2 Work Group, and Richard Koochagian for his dedication and service to the Board of
Architectural Review and Planning Commission for the H2 Work Group.
These will be sent to the individuals and we want to thank them very much for their work. It has been
an ongoing process and they have most certainly been very intricate to our work that we're doing now
on our Town plans, so thank you very much for all of your work, and all the dedication you put in to
making this a very good document that we can use in the future. Okay. Now, [chuckles] now, we have
presentations and proclamations.
I started with the Mentoring, so I'll finish that. National Mentoring Month is January 2021. Whereas
January 2021 marks the 19th anniversary of the National Mentoring Month,an annual campaign to focus
attention on the need for mentors who help ensure positive outcomes for our young people, and
whereas Leesburg's R.O.C.K, R-O-C-K program, and the Leesburg Police Department's school
resource officers make our community stronger by developing and sustaining meaningful relationships
that provide invaluable support networks for our young people, particularly at-risk young people.
Whereas during the COVID-19 pandemic mentoring programs have stepped up to fill the gap for young
people and families, connecting them with the resources and ensuring that mentoring relationships
continue virtually to ensure that physical distancing does not mean social disconnection. Whereas
mentoring plays a pivotal role in the career exploration and support workplace skill, helping young
people to set career goals,equipping mentors with the skills needed to support the professional growth
of young people and drive the positive outcome for young people and businesses.
Whereas quality mentoring promotes healthy relationships and communications, positive self-esteem,
emotional well-being, and growth of a young person and their relationships with adults, and whereas
youth who meet regularly with a mentor are less likely to skip school,start using drugs,or start drinking
alcohol, and are more likely to go to college than their peers who do not have a mentor.
Page 31 January 26, 2021
Therefore,the Mayor and the Council of the Town of Leesburg,Virginia do hereby proclaim that January
2021 is a National Mentoring Month in the Town of Leesburg and urge all Leesburg residents to
celebrate, elevate and encourage mentoring of our young people. I'm going to send that over to you to
start signing.Thank you.
The next one is Eagle Scout William Murphy.Whereas attaining the rate of Eagle Scout is the pinnacle
of a scouting experience, and whereas William Murphy achieved his Eagle Scout rank by constructing
a trailhead kiosk at Ida Lee Park for one and two-mile interior loop trails. The kiosk includes an all-
weather aerial map of the surrounding area with distance markers superimposed on the map. The
project also included restoring the distance markers along one and two-mile trails.
Whereas Mr. Murphy led Troop#1910 with the mounting of the kiosk and repurposing the mile markers,
they secured materials and built the structure out of pressure-treated lumber and galvanized hardware.
All scheduling and coordinating of logistics concerning the attachment of the kiosk to the wall was
managed by William Murphy, therefore, proclaimed that the Mayor and the Council of the Town of
Leesburg in Virginia hereby congratulate William Murphy for his determination and commitment to
achieve the rank of Eagle Scout. Proclaimed the 26th day of January, 2021. [unintelligible]
Then the next one is for a Girl Scout Troop. This is in recognition of Girl Scout Troop#2718.Whereas
Girl Scout Troop#2718 needed to complete a community project in order to receive their Silver Award.
Whereas throughout the Town of Leesburg,the Town of Leesburg's Memorial tree program Girl Scouts
Troop#2718 planted a blue Atlas spruce cedar in Georgetown park to create a memorial for those lost
to the COVID-19 pandemic, and in gratitude for the health care workers who put themselves at risk.
Whereas Luck Stone generously donated a large granite boulder to sit on and reflect.The plaque will
also be placed at the memorial that reads, "This tree was planted in memory of those who were lost
during the COVID-19 pandemic,and in gratitude for the heroes that emerged."Therefore proclaim that
Mayor and the Council of the Town of Leesburg Virginia hereby recognize Girl Scout Troop#2718 and
their troop leader Tara Holt for their thoughtful and considerate idea and congratulate them for receiving
their silver award.All those will get them in the mail.
It's great that we've got the Boy Scouts and the Girl Scouts doing things for the Town.That's wonderful.
All right. We don't have any presentations for tonight. Does anybody have any Regional Commission
reports?I have been continuing to meet with the Northern Virginia Regional Commission by Zoom every
week, by Zoom or by phone every week, and I have been sharing the information with you, and the
most recent is concerning the COVID and [nova Fairfax has canceled all of their appointments because
of a shortage.
So,the vaccine is a major issue for all localities and we're trying to work with the governor to try to get
some. It just announced tonight that Virginia is receiving more of the vaccine than was scheduled.That
was really good news.The next part is our petitioners,and the petitioners I need to read,one of the first
orders of business is to hear from the public. All members of the public are welcome to address the
County on any item, matter, or issue. Please identify yourself, and if comfortable doing so, give your
address for the taped record.
Any public speaker will be requested to state their name and spell it for the purpose of closed captioning.
In the interest of fairness,we also ask that you observe the five-minute time limit.For those participating
in person or on WebEx,the green light on the timer will turn yellow at the end of four minutes,indicating
that you have one minute remaining, at that time,we would appreciate your summing up and yielding
the floor when the bell indicates your time has expired. For those participating on the phone, you will
hear a bell when your time is up.
Under the Rules of 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 members of the public on the phone or WebEx. The first person we have
to speak tonight is Mr. Mike McLister.
Mike McLister: Good evening. Can this go down?
Mayor Burk:We'd rather you not.
Page 41 January 26,2021
Mike McLister: Okay, I was just asking.
Mayor Burk: Somewhat people use those mikes after you. So,that's why you--
Mike McLister:Okay,it's fine.I'm basically here to clear up,last time we were here,it was late October.
We had a very confusing work session for following the rules of the work session, I was not allowed to
speak.We had some miscommunications and misunderstanding. It was embarrassing for both me and
the Council and I'd like to be able to use this opportunity to clear that out.
Now that new Council is seated, congratulations, congratulations, congratulations. In June and July,
the pandemic was raging, still is, and we were trying to figure out both local business people and staff
are there ways to increase revenue in Leesburg during the pandemic,and yes,there is,yes,there were.
COVID has changed us.We had revenues declining, businesses closing,furloughs, meals being fed to
people who are out of work.
Every little bit helps, but the ways to increase Town revenues and help our smaller business provide
affordable places to live for low to mid incomes was by re-purposing some properties that were vacant,
and look at live work environments that are happening in Fairfax County and all across the country.
Although it's expensive to do, it's easy to do for Leesburg, and according to Leesburg Town Planners
and Zone staff, if you look at it,they really require little to no regulation changes.
The new normal was for citizens to live and work from home.We all do it, and it's not changing,and we
should capture that here in Leesburg. After emailing idea to Town Council and staff, with example, I
was asked to participate, I was asked to participate. I was, on a Zoom call. The concept was well
received by Director of Zoning,Zoning staff, Chris was there,that this was something to explore. I was
also called and told that there was a five, zero vote and I needed to present a five-minute presentation
on the concept of how do we increase revenues in Town, help small businesses help low, low to mid
income.
The idea was conceptual.It didn't pertain to my properties at all.It was conceptual.We're always looking
out for the good of the Town.The night of the work session, I saw how it was supposed to be presented,
and it was presented that I was proposing building changes and proposing units. Obviously, that was
misguided, it upset the Council. I didn't propose anything. There was no proposal for me. I've been
through this numerous times, I understand what the process is.
However, if we go back and we look at this,this is something to think about,the Town gains revenues,
property taxes rise, meal taxes, consumption taxes rise, BPOL taxes rise. We help affordable places
for people to live and work, which they're doing now. As I mentioned, I was not allowed to speak,
otherwise I would have ended the session at the time, because it was too confusing. In conclusion,with
the intent earlier in the summer with business and staff working together in a public private partnership,
the idea was to explore ideas to increase revenues, via property taxes, consumption BPOL taxes.
It'll also stop vacancy rates. Most of these are already zoned to be able to do this. I'm sorry, it came off
the way it did. Nobody's opposed to taking a look at properties and taking a look at the vacancy rates
and going through the proper channels, but it also is nice before people have to outlay money like I had
to do today, is to get a nod from leadership that we would like to explore some of these. Live work
arrangements are not going away. Corporations are encouraging them, and we should take a look at
that as well.Any questions?
Mayor Burk:Thank you, Mr. McAllister.
Mike McLister:Thank you for the time.
Mayor Burk: I'm sure that we will be back in touch with you to follow up.
Mike McLister:Thank you, ma'am.
Mayor Burk: [unintelligible]today.
Mike McLister:We'll talk soon.
Page 51 January 26, 2021
Mayor Burk:Thank you.All right.There was nobody else on the list. Is there anybody in the audience
that would like to speak at this time that didn't sign up? No, okay. Do we have anybody on WebEx?
Keith Markel: Madam Mayor,we have three participants from the public who have joined this evening
by WebEx. Callers, I'm going to unmute you,one by one,to allow you to speak.When you're unmuted,
you will hear the tone, and that will be your signal to make your remarks. You will have five minutes
each. I'm going to start with Ms. Kumar. As soon as you hear the tone, please state your name and
spell your name for the record and address for closed captioning, and I'm unmuting you now.
Anjali Kumar:Hi,my name is Anjali Kumar,I'm here in support for CJ3 Foundation,and I'm just wanting
to stay up to date and current with our board meeting for today.
Mayor Burk: Ms. Kumar, could you please spell your name?
Anjali Kumar: Sure.A-N-J-A-L-I.
Mayor Burk: Did you have any comments that you wanted to make tonight?
Anjali Kumar: No, Ma'am.
Mayor Burk: Oh,okay.Well,thank you very much for attending. Okay.Thank you.
Keith Markel: Madam Mayor, our next speaker will be Mr. Thomas. Mr. Thomas, I'm unmuting you
now.
[silence]
Mr.Thomas?
[silence]
All right, Madam Mayor, I'll move on to our next participant, Mr. Morris. I'll unmute you now. Mr. Morris,
you may go ahead.
[silence]
All right.With no further members participating by WebEx,that's all that we have for petitioners.
Mayor Burk:Are we sure that it's working?
Eileen Boeing: Mr.Thomas looks like he unmuted himself,so we should probably try Mr.Thomas one
more time.
Mayor Burk: Okay. Mr.Thomas,could you--are you--
Eric Thomas:Are you able to hear me?
Mayor Burk:Yes,we can hear you.
Eric Thomas: Hi, how you doing? My name is Eric Thomas, 301 Shiloh Place Southeast, Leesburg,
Virginia. I'm the Director and Founder of the CJ3 foundation. We serve United States military service
members,veterans,disabled veterans,law enforcement,fire and emergency first responders, basically
are our nation's wounded heroes. We're a charity, a 501(c)(3) public charity here out of Leesburg,
Virginia. One of the big things we do is we provide service dogs and mental health and wellness to our
wounded heroes.
One of our requests was, I'd asked the Mayor if she would participate in one of our video sessions with
our recipients,I guess it fell on deaf ears.I appreciate the fact that Congresswoman Wexton participated
in and was a part of that. Just want to let you know I'm here operating out of your area and doing good
Page 61 January 26, 2021
things for our wounded heroes and I'm all about partnership and trying to get the local leadership
involved.That's all I got.Thank you.
Mayor Burk: Mr. Thomas, thank you for what you do and I am sorry, I'm not aware of any email that
came to me, if you'd like to resend it,or if we could arrange something else, I would be happy to attend.
I'm sure it was a very exciting event and I'm disappointed that I wasn't aware of it, but please know that
it didn't go on deaf ears. It just didn't get to my ears.
Eric Thomas:Yes, Ma'am.
Mayor Burk: If there's anything in the future that I can help with, please let me know.
Eric Thomas: I will.Thank you.
Mayor Burk:Thank you for calling in tonight. Is Mr. Morris sign back up,or?
Keith Markel: I have unmuted Mr. Morris now, if you're available.
Jared Morris: Yes, I was going to let you know that I am here just prominent, and addressing any
questions you may have regarding the Lumos Networks license agreement that's on the consent
agenda.
Mayor Burk: Okay,thank you.All right. Is there anybody else in the audience that would like to speak,
but didn't get a chance? In that case, I will close the petitioners section. We will move to the approval
of the consent agenda. I will read out the items, and afterwards, if any Council Member wants anything
removed, I will ask and we will deal with that separately. 12A, is the appointment to the Economic
Development Commission.This does not say whose it is,or who it is.Which one is--Let me see if I can
get this, if I get my computer to work here.We are appointing--
Christopher Spera: Madam Mayor, that's Britta Neil, is the Economic Development Commission
appointment.
Mayor Burk: Okay, Britta Neil.
Christopher Spera:Yes, Ma'am.
Mayor Burk: That one is to appoint Britta Neil.We have an appointment to the Board of Architectural
Review.
Christopher Spera: Madam Mayor,that is Helen Aikman.
Mayor Burk: Helen Aikman.Thank you very much.Amendment to the Right-of-Way license agreement
for Lumos Network Incorporated for the installation of the telecommunications facilities serving Loudoun
County Government. This is authorizing the Town Manager to execute a second amendment to the
Right-of-Way, license agreement between the Town of Leesburg and Lumos Network Inc. For
telecommunication's facility serving Loudoun County Government.D is the third amendment to the Carr
Tank, number two, antenna lease agreement with T-Mobile.
Authorizing a third agreement to the lease agreement with T-Mobile Northeast LLC for
telecommunications antenna on the Town water tower, located at 550 Fort Evans Road, Northeast
Leesburg. Next is, Town-wide safety health environmental service contract to Aerosol Monitoring &
Analysis Incorporated. F is the roof repair and modification of the water treatment plant, awarding a
construction contract for the water treatment plant, roof repair modifications.
G is the update of operations and maintenance documents for Water Pollution Control Facility,
approving a task order for the update of operation and maintenance documents for the water pollution
control facility to Stantec in the amount of$101,000. H is the change order for the inspection support
utilities,approving a change order for the task order of utility,Right-of-Way permit,onsite development,
Page 71 January 26,2021
and utility project, inspection service to WRA in the amount of$149,998.77. Do I have anybody that
wants anything removed?
Vice Mayor Martinez: So moved.
Council Member Fox: I do, Madam Mayor.
Mayor Burk: Pardon me?
Council Member Fox: I'd like to remove two items.
Mayor Burk: 2A?
Council Member Fox: No, 12C, as in cat,and then 12G, as in girl.
Mayor Burk: 12C, as in cat, and 12G?
Council Member Fox:Yes.
Mayor Burk: Okay. Do we have a motion to accept other items?
Vice Mayor Martinez: So moved.
Council Member Steinberg: Second.
Mayor Burk: Vice Mayor Martinez, seconded by Council Member Steinberg. All in favor, indicate by
saying aye.
Council Members:Aye.
Mayor Burk: Opposed?All right.That passes seven,zero.All right. C,the amendment to the Right-of-
Way license agreement for Lumos Network Incorporated for installation of telecommunications facility
serving Loudoun County Government.You pulled this Miss Fox?
Council Member Fox: I did. I had a couple of questions. At the background, says this project would
connect 110 County government facilities, so this is a project for the County government. I looked at
the work plan impact and also our fiscal impact, and it says that it looks like we're going to need some
overtime.
I'm just wondering why our staff is in charge of that overtime, number one, and it says up in the fiscal
impact, that right now we have a revenue from this particular accommodation right now as less than
$50 per year. I'd like to know with this connection of 110 County government facilities,what should that
be going up to?I just want to see, is this can be cost-neutral for us?
Christopher Spera: Am I answering that? I guess I'm answering that. Okay. Miss Fox, here is what I
understand.That the cable needs to run through our Right-of-Way to get to the County facility, because
this is not for voice communications but it is limited exclusively to data communications.We are limited
by State law as to what we can charge and what compensation we can get for this so that is what keeps
the revenue down.
We cannot legally charge more. I know there has been some thought and perhaps this is something
that we need to add to the legislative agenda to try and petition the State to change that but that's why
our revenue is as low as it is. It is statutorily limited by the State.
Council Member Fox:You're saying that whatever comes in from this new 45 miles of wire that's going
in,the revenue would not really rise that much?
Christopher Spera: The way that the State Code is set up, because it's not voice communications,
yes.We are unable to generate a significant amount of income from it.
Page 81 January 26, 2021
Council Member Fox: And because the 45 miles is going within our Town limits, that's why our staff
needs to be doing it overtime for inspections and things like that?
Christopher Spera: For the portion that is within the Town,yes ma'am.
Council Member Fox: Can I ask if this is a project to do for the County, why are County funds being
used for this?
Christopher Spera: Dentler,do you have any thoughts on that?I have no idea. I honestly do not know.
This was an existing license agreement. As my understanding we're amending it to allow them to lay
some additional cable. I do not think that that was something that was negotiated this time around. It's
an amendment to an existing agreement.
Council Member Fox: That's a sweet deal. Thank you for that. Those were the only questions I had
on that.Then let me get to--
Mayor Burk:Would you like to make a motion to pass that?
Council Member Fox: No, I would like to make a motion to deny that actually. [laughs]
Mayor Burk:Would you like to make a motion,okay.
Council Member Fox:That would be my motion.
Mayor Burk: Council Member Fox has removed this and wants to make a motion to deny the
amendment of the right-of-way lines agreement. Didn't we have somebody on the line that was from
that company?Wasn't that Mr. Morris?
Keith Markel: Yes, Madam Mayor. We do have Mr. Morris and Ms. McDermott online and they are
unmuted and ready to answer any questions if you have any for them.
Mayor Burk: Miss Fox just had a couple of questions. Would you[crosstalk]--
Council Member Fox: Yes, I just asked them. I guess one of the biggest questions is Town staff, do
you need the Town staff to take care of the night work, and number two, if this is a County project,
because it specifically says this project would connect 110 County government facilities,why is this not
a County project and the Town? I understand it runs within Town but why is this not being funded by
the County?
Vice Mayor Martinez: Madam Mayor,this is Marty Martinez.
Mayor Burk: Yes.
Vice Mayor Martinez: Do we not have to have a second to the resolution before we start discussing
it?
Mayor Burk: Okay. Do we have a second to Miss Fox's motion?
Council Member Bagdasarian: I'll second.
Mayor Burk: Okay.Council Member Bagdasarian,thank you.All right.Gentlemen,can you answer her
questions. Do you by chance know?
Mary McDermott: Yes. Excuse me. This is Mary McDermott, and I'm a general counsel of Lumos
Networks,Segra. In my mind,the question of the overtime is separate from the license agreement.The
license agreement will allow us to seek the permits that we would need to do-- it's a relatively limited
amount of the 45 miles that's within Leesburg.
Page 91 January 26, 2021
This is a bit of a follow on to the project that we did for the Loudoun County Public Schools last year. I
would believe that as we go for the permitting,that will be a time when we absolutely would discuss any
costs that this specific field is causing,and we'll be happy reimburse those. It seems like what you have
for you now is just the ability for us to then go ahead and apply for the permits.We certainly don't want
to affix cost burden on Leesburg for that permit.
Mayor Burk: Did I understand you to say that you would reimburse the Town?
Mary McDermott:Well,what I was saying is that we certainly, as part of the permitting process, yes,
we would talk with the Town, Calvin and others, and if appropriate,for sure reimburse on a cost basis
overtime or other costs you incur because of this build, yes.
Council Member Fox: Okay, thank you for that. I just-- I'm glad you said that because in our staff
report, it says these costs to the Town are not reimbursable, but you're saying they are.
Mary McDermott:Well, it might be that it says not reimbursable because the permitting process or the
regulations around that might say something about what is reimbursable, but certainly, we can do a
couple of things. One is to talk with the permitting folks and the engineering folks about when and how
we can do the build to minimize their concerns, and certainly we'd be open to reimbursing for overtime
cost because we're doing the build.
Council Member Fox: Okay then, if that's the case, I withdraw my motion.
Mayor Burk:Are you okay with the--All right.We still need a motion. [laughs]
Council Member Cummings: [unintelligible]a motion to approve.
Council Member Fox: Oh, okay, so, I'll go ahead and make a motion to approve.
Mayor Burk: Okay. Council Member Fox makes the motion to approve, Council Member Bagdasarian
makes a second.All in favor, indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed? That passes seven, zero. Now, update, the next one was G, update of
operations and maintenance document for water pollution control facility.
Council Member Fox: Yes, I'm trying to get there, one second, sorry. Okay, item G. My question on
this were similar,they were fiscal in nature.Let's see. I took a look at the scope of work for what is being
asked for$101,000. It looks like it is basically doing some meetings and writing out some documents
using existing formats and templates that the Town already has. I'm wondering, I took a look at
deliverables, I'm wondering, is this standard for$101,000, it does--it just looks like they're modifying a
few documents, is this standard?
Mayor Burk:Amy,would you like to-I mean, Miss Wyks,would you like to respond?
Amy Wyks: Good evening Madam Mayor, Members of Council. The manuals are extensive, they're
not just a few documents. So the manuals are probably two to three bookshelves worth and it's
everything related to the different treatment processes at the wastewater facility. There's multiple
equipment and there's multiple processes, and all of those processes have standard operating
procedures,we must meet everything related to Virginia Department of Environmental Quality.
The reason for this update and the reason we've asked our engineering consultants to support us is
that during the inspection that was done by DEQ late in 2020, it was notified or they notified us of the
need to update those, and based on the timeline that we have to do those, we do need outside
engineering consultants support in order to meet the deadline and not have a violation with DEQ.
Council Member Fox: Okay.When I see the document updates, it says 23 files and then 32 drawing
files,so that constitutes the bookshelves of what you're talking about?
Page 101 January 26,2021
Amy Wyks: Correct.
Council Member Fox: Okay.Thank you.
Mayor Burk: Did that answer all your questions-
Council Member Fox: Yes.
Mayor Burk:-to your satisfaction?All right.We need a motion to approve. Somebody.
Vice Mayor Martinez: Moved.
Mayor Burk:Okay.Vice Mayor Martinez,seconded by Council Member Cummings,all in favor,indicate
by saying aye.
Members:Aye.
Mayor Burk: Opposed.
Council Member Fox: Nay.
Mayor Burk: That's six, one.All right. That takes us to resolutions, ordinances, and motions.The first
resolution is an update of previously approved initiation of zoning, ordinance, text amendment to the
Planning Development-Commercial, Center-Small Regional Center, PD-CC-SE district to allow gas
pumps in associated convenience store or kiosks, as by right uses.Who is addressing this one?
Susan Berry Hill: Madam Mayor, I have nothing to add to tonight in terms of a presentation. This is
just to amend a previously approved initiation to add the sales facility along with the gas pumps as by
right uses.
Mayor Burk: Right.We already approved the gas pumps.
Susan Berry Hill:Yes.
Mayor Burk:This is just to also approve a small convenience store or kiosk.
Susan Berry Hill: In association with those. It's like a,typically,a small kiosk that accompanies the gas
pumps.Again,this is an initiation to amend the zoning ordinance to do this.
Mayor Burk:We're initiating.We are not voting for it at this point.We are initiating it.
Susan Berry Hill: Correct.
Mayor Burk: Do we have a motion to initiate this?
Vice Mayor Martinez: So moved.
Mayor Burk:Vice Mayor Martinez.
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg.All in favor, indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed? That's seven, zero. The next one is a motion to approve a Proclamation of
Recognition for the Honorable Fredrick R. Howard. I will move that.
Vice Mayor Martinez: Second.
Page 11 I January 26,2021
Mayor Burk: Seconded by Vice Mayor Martinez.All in favor?
Council Members:Aye.
Mayor Burk: Opposed? That's seven, zero. A motion to approve a proclamation recognizing the
Reverend Deborah Dodson Parsons from the Leesburg Presbyterian Church. She is moving and I
would like to recognize her. I will move that. Is there a second?
Council Member Bagdasarian: Second.
Vice Mayor Martinez: Second.
Mayor Burk: Seconded by Council Member Bagdasarian.All in favor, indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed? All right, thank you. The number D is we need to move to postpone the
Council's planning retreat that was previously confirmed for January 30th,2021 for the Town resolution
2021-014 to a date to be determined later by the Council. Do I have a motion for that?
Vice Mayor Martinez: So moved.
Mayor Burk:Vice Mayor Martinez. Second?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg.Any discussion on this?All in favor, indicate by saying aye.
Council Members:Aye.
Mayor Burk:Seven,zero.All right.The next one is the Pandemic Business Assistance Recovery Plan.
Should that have your name on it, Mr.Cummings?This is being presented by you.All right.
Kaj Dentler: Yes, Madam Mayor, the staff really is here to address questions of Mr. Cumming's
proposal,so,we'll stand by and answer all questions that you may have and give some input.
Mayor Burk:What I would like to do, if I could get-- If I don't have anybody object, I would like to treat
this like we did at the--if it were a work session,which means that we would have five minutes to speak,
everybody would have their turn.After everybody has spoken,there could be another three minutes if
anybody has additional questions or another three minutes after that after everyone has spoken.
Does anybody object if we follow those procedures for this one item? All right, then we will move
forward. Mr. Cummings, you have put forward a Pandemic Business Assistance and Recovery Plan.
Do you have anything you want to say towards it at this point?
Council Member Cummings: Sure,thank you.Thank you to my fellow Council Members for allowing
us to add this to the agenda tonight. I think we're all aware that we're still battling the coronavirus and
still dealing with the effects on our economy and our small businesses because of the way we have to
battle this deadly disease. Really, the biggest point of my plan here is to invest in 31% of our revenue
creators,which is our meals and beverage tax, our sales and use tax, our BPOL fees.
My hope is that we can quickly push to get some relief to our businesses directly through grants, but
also through some other options that are laid out in the plan.Then,also look to put some money aside
for the recovery phase. I was listening to some of the economists in the morning TV shows talking this
morning and there's a lot of talk about the last half of 2021, beginning in the summer.
Once more vaccines are given out,folks are going to be ready to go spend some money, and we want
to make sure as many of our businesses that are operating today and were operating at the end of the
Page 121 January 26, 2021
year last year are ready to go when that time comes, because it's good for them and it's good for our
citizens, but it's also good for our revenue.
Again, I'm just looking at this plan as an opportunity for us as a Council to invest in our businesses and
invest in this 31% of our revenue now to ensure that when the economy gets back and we beat back
this virus, that we can continue to bring in revenue. I'm open to hear, I'm open to a lot of input from
everybody, and just think we could have a great discussion and put something together, and move
forward to help our businesses.
Mayor Burk:All right. Ms. Fox.
Council Member Fox: I think it's a great idea. I've got a few questions for staff about this. Since last
year, the remainder of the CARES Act money was absorbed into this coming year's general fund, I
suppose, under the police. I'm just trying to figure out or trying to ascertain what's the impact going to
be on the upcoming budget should we allocate some money right now for this purpose?
Kaj Dentler:We are,in talking with Mr.Cummings,my comfort zone has certainly been for our financial
position not to use more than 500,000, however, I can support up to a million. I've built the proposed
'22 budget with that reference. As long as we don't go over a million, we'll be okay for the short term.
Now, part of my job is to look short term and long term. Depending upon how the economy recovers
and our revenues recover with that, and any additional revenue sources down the road, in the use of a
million,we don't anticipate will be an impact to us.
If the economy doesn't recover quickly and new revenue sources don't come about, some of which
we've talked about,then we may have challenges in the few years where there may even have to be a
tax rate that you have to seriously consider.The short story is, if you use a million or less, we're okay
in the short term, and we hope that things optimistically recover. I'm comfortable with that. Obviously,
as I told Mr.Cummings right off the bat, my preference is always to go lower,but I understand the need,
so I can support that, but in '22,we're certainly fine.
Council Member Fox: Okay.That was probably my biggest question.There are other ways I feel like
we can support businesses. I've had a few and I've talked to you about a few folks,especially one come
to me and say, "I feel like sometimes staff says we need to do something and it's very financially
burdensome for them to be talked to by the Town about a certain issue, maybe about a parking lot or
something like that." Is there any relief for businesses in this sense? It seems we're buckling down on
some regulation when we might not want to be so stringent?
Kaj Dentler: Well, I'm not sure. I know you mentioned one to me before, and we've looked into that.
Usually, there's a lot of story behind the scenes that doesn't always forward. The Town certainly does
have a lot of regulations, it's not unusual for local government. One of the things that we should be
considering is a total rewrite of our zoning ordinance, which improves those regulations and reduces
those, but that's an expensive endeavor and takes time, but it's a bold step to do that.
Certainly, during the pandemic,we have loosened up a lot of our regulations. Some of the cases that
I'm aware of have started before COVID and ownership has changed and people knew what they
needed to do, but then once they got to it,they didn't want to do it. So, short story, often, there's a lot
more to the story than what may come to the surface, but we will work with any business to help with
those regulations.We're certainly aware of that, and we've done that in a lot of cases.
Council Member Fox: Okay. Yes. I do realize that a lot of regulators have been loosened. I've just
been hearing from some where they feel they've been tightened a little bit on them, so, I'm just
wondering why that disconnect.That's all. Okay.Thanks.That's it.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Sure. No comment. No,of course not. No, no, no.Actually this is very
important,obviously. Like Mr. Cummings mentioned,there's really two phases to this effort.The first is
the emergency aid to those businesses that are disproportionately affected by the pandemic. Things
that are beyond their control, and it is an investment in the long-term future, and their employers, and
their families.
Page 131 January 26, 2021
The second part, which I think is equally as important is really being proactive and anticipating the
recovery phase. There is a light at the end of the tunnel right now with the vaccine, which is a very
different place than we were when the initial CARES Act came through. I think what's important is to
emphasize is the direction to the EDC, we have the chairman here to organize input from the
businesses,and what can the Town do to best help support them during this process,we don't have all
the answers up here.
It's really understanding that the true needs, what obstacles are there that may prevent a strong
recovery, because the objective is to come out of this pandemic even stronger than we were
beforehand. I think that if the Town working with the private sector and the business community can
work together and identify those opportunities and creating an environment that really would cultivate a
very strong and successful recovery.
I think having those funds put aside for that, we don't know what the investment will actually be, I
understand the financial aspect of it, but just to have that available to apply where it makes most sense
based on the needs and the challenges of the business community.
Mayor Burk:All right. Ms. Nacy?
Council Member Nacy: I don't really have anything specific other than just to say. I definitely
understand the fiscal impact. I do think that it's one of those things where we need to get this money
into the hands of our businesses so that we can ensure that not only they stay in business right now,
but down the road too,as Zach was saying,to continue to bring that revenue to the Town because we'll
be in a worse state, I think, in a couple of years, if we lose half of our downtown businesses because
we weren't able to help them. I think this is a great, really well laid out plan and I'm excited to get some
help to our businesses.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Thank you. Sorry. It took me a second to find my unmute button. This
plan has some very interesting aspects to it. I do have a couple of questions and a couple of comments.
For the Town Manager,what is the current deficit we have now in our current budget?
Kaj Dentler:Jason you want to address it.
Mayor Burk: Mr. Cournoyer is coming up to answer your question, Mr. Steinberg.
Council Member Steinberg: Okay.There you go.
Jason Cournoyer:Thank you. Good evening.We do have some talking points that we can go through
later, but the current projected revenue shortfall, it's about$5.2 million,about 8%of the budget.
Council Member Steinberg: Overall?
Mayor Burk: Overall,yes.
Jason Cournoyer: Yes,sorry,for the general fund overall, about 8%decrease, 5.2 million.
Council Member Steinberg: Okay, and so--
Mayor Burk: Excuse me, Mr. Steinberg. You said you had talking points?
Jason Cournoyer: I do. It was going to be on the tail end,we were--
Kaj Dentler:Let me just clarify.The staff doesn't have a presentation.Last night,we had a presentation
that we would have gone through because our normal work session discussion, but because you're
doing we're in a different format tonight,we felt it's better if we just addressed your questions, but we're
not coming to make a presentation tonight because we think it's better if we just address your specific
questions type of thing.
Page 141 January 26, 2021
Mayor Burk: Okay, I may be coming back.
Kaj Dentler:Whatever you need,we will go through,just let us know to help you make your decisions.
Mayor Burk: Go ahead, Mr. Steinberg.
Council Member Steinberg: Maybe before Jason goes away. Back in November,the Council agreed
to redirect about, was it $3.9 million in CARES Act funds to cover safety personnel salaries, is that
correct?
Kaj Dentler: Right.
Jason Cournoyer: Yes.
Mayor Burk: Correct.
Council Member Steinberg: Even with that,we still face up a budget shortfall of an excess of 5 million?
Kaj Dentler: Right. You may recall when we started the '21 fiscal year, we were looking at really a
projected $7, $8 million deficit, and that's been worked out, but we're still managing that deficit, some
through the CARES, the reimbursement of the Police Department, we're able to do. We have a
significant amount of management reductions that are still in place.We have over 30 positions that are
vacant in the Town,over half of those are frozen. So,we're managing the deficit,we'll close the deficit.
I'm not worried about that, but what you need to understand is that you have a lot of operations that
aren't able to get done,so we're not out of the woods.The use of the approximately$1 million,we figure
that into our calculations.We're comfortable that we'll be okay in the short term,and we we'll close that
deficit. Obviously, from one perspective, as the manager, we prefer not to use the money at all, the
second perspective is what you're working with and we understand is there are other goals that you're
trying to accomplish,so we can support that and we are supportive of up to a million.
My preference again is a half a million, but that's a small detail. We're prepared for the use of the$1
million, but at the end of the fiscal year, one way or the other,we will clearly close the deficit and when
I present the budget to you for'22 in two weeks, that budget will be presented on a balanced basis is
which is what is required.
Council Member Steinberg: Okay. Let me look at your figures and just be sure I understand. Had we
had the financial report last night,is my understanding,we would have been able in a position to create
a$2 million reserve fund based on the refinancing that we have done?
Kaj Dentler:We are still doing that.We're still moving in that direction, and then we present, we'll talk
about a revenue stabilization reserve that will use some of our carryover money that we've been able
to--savings from our restructuring of our debt, et cetera, that we're trying to position ourselves short
and long-term so that if any economic downturns occur that we can't anticipate,we're better positioned
to handle that hit than having to just strictly rip the budget apart in order to get through it. It's just a
proactive measure, but we will still implement those regardless of the use of this $1 million that we're
talking about tonight.
Council Member Steinberg: Then the unassigned fund balance that we're looking at, is that because
of the fact that we use the CARES Act funds and others that balances to a certain extent then
replenished at this point, or am I mistaken on that?
Kaj Dentler: Do you want to address that more specifically.
Jason Cournoyer: I may have a follow-up question, but the unassigned fund balance from FY 2020
was the reallocation of existing reserves that became free as unassigned because of some
management practices with encumbrances and things like that.We have a above 20%unassigned fund
balance.We have met our fiscal policies for FY 2020. We have a plan to use of about a million of that
and in order to balance the 2021 to address the existing revenue shortfall in 2021, the CARES
Page 151 January 26, 2021
reimbursement to Police personnel was reserved by Council. That is excluded from any unassigned
fund balance.
Council Member Steinberg: Okay. All right. Well, that clarifies that. Okay. Well, there are some
aspects of the plan that are attractive, but there are a couple I have reservations on.We have already,
through grants,funded purchases of tents and heaters. I'm not sure to what extent there would still be
a demand for that. I'm not sure it's our position to fund additionally the SBDC since they are, in certain
respects, better funded than we are and their job is to assist businesses within the Town to do exactly
what Mr. Cummings is suggesting, including navigating through things like PPA and other COVID
related items.
I'd like to have a more complete discussion with Russell Seymour in how he sees the additional
$500,000 to his budget would facilitate his job in trying to anticipate things we could do for future
investment in Town businesses.That's a conversation I think we still need to have. That being said, if
we feel that the$500,000 in grants to businesses would be helpful, and I could certainly support that,
although, interestingly enough, we saw how difficult it was to give money away when we had millions
and businesses didn't seem overly interested in certain respects.
I think in the end,the one single factor that's going to start turning this around is people's comfort zone
and their willingness to feel and rationale feel safe in returning to the businesses because, in the end,
without customers, no matter how much we donate or grant to businesses, if they don't have people
walking in the doors, in the end, it's extraordinarily short term. Hopefully, this virus turns around.
Additionally,we don't know yet what to expect from the federal government and what the Biden proposal
is going to yield.We would certainly expect something from that side,but anyway there's some attractive
things about it. I'm sure this is a discussion that we're going to be continuing for a while.Thanks.
Mayor Burk:Thank you, Mr.Steinberg. I think there's some really good things in this program.There's
some things I,too,have issues with and I'll talk about in a minute. I already shared with you so that you
know what they are. It's very important that we make sure that the public realizes that this money is not
CARES money. This is our general fund money that is coming out to do this. We all know that the
businesses are really struggling downtown and all over Town. Anything we can do to help them is a
very important thing to do. Most certainly that's well worth our effort.
I asked the staff to break up all of the components of this plan into individual bullets.The first one about
closing.King Street. I think that's a great idea. Fabulous. I would even support it longer, but this is a
great start. I too have concerns about the $50,000 to businesses for tents and awnings and outdoor
furniture and heaters. We already did that and they will be getting money. Why could they use the
money that they're getting from the Town grant towards those if there's anything else they need?I would
be reluctant to support that aspect of it.
The small business development center. I don't know if, Mr. Byrd,you would like to come up because
do have some questions in regard to it.Giving the Small Business Development Center$25,000,you're
funded by whom?Who pays for your budget?
•
Eric Byrd: We are funded in part by the Federal government.We get almost half of our funding from
the SBA as a grant.Then the remainder of our operating money comes from Loudoun County Economic
Development.
Mayor Burk:You get half from the Federal government and half from Loudoun County?
Eric Byrd: Little less than half comes from the Federal government, yes.
Mayor Burk: Do you get any State money?
Eric Byrd:We get zero State money,correct.
Mayor Burk:That's interesting. I didn't realize that. Have you recently hired?
Eric Byrd: One thing that happened during the CARES Act is we were given temporary money from
the Federal--Through the CARES Act, we got temporary money. That money needed to be used by
Page 161 January 26,2021
September of this year. We use that money to bring on additional part-time coaches, which we have
used for the significant increase in businesses that have come to us for services.
Mayor Burk: How long are they going to be employed?
Eric Byrd:We have to spend that money by September this year.
Mayor Burk: By September, okay. If we were to give you the $25,000, could you guarantee that it
would only go to Leesburg,that it would only serve Leesburg businesses,only Leesburg?
Eric Byrd: Unfortunately, we would not be able to guarantee that all of the dollars would only go
specifically to coaching for Leesburg businesses because of the nature of the way our database works
and things like that. However,what we would do is we would create a process on intake to encourage
businesses from Leesburg and to track them sort of separately.We have an online scheduling system
for clients.Then we wouldn't be able to track the use of the money as we are providing services to the
client, specifically coaching.
As an example, 25% of our businesses that we serve every year are from Leesburg. Part of what we
would like to do with this money is to actually increase outreach.Actually, someone mentioned, I think
it was Councilman Steinberg mentioned how difficult it was to get businesses to come forward for the
grant.We do very little promotion of the service.We're regularly getting businesses that come to us that
are surprised or even there, they didn't know about us. I think that was part of the intent of this is to
promote this service more effectively to Leesburg Town businesses.
Mayor Burk: You again can't guarantee that it will only go to Leesburg businesses?
Eric Byrd: No, ma'am,that's not possible.
Mayor Burk:Thank you. I appreciate that.Could staff explain to me what would be the impact of halting
collection of penalty and associated fees for late payments for any business that is currently delinquent
on any fee or taxes owed to the Town, as long as the business enters into a written payment plan?
What would be the impact there?Anything?Nothing?
Kaj Dentler: I couldn't hear you, so if you started off, my apologies.
Mayor Burk: Sorry, I'm trying to yell. I was just asking, what would be the impact of halting collection
of the penalties and associated fees for late payments?
Kaj Dentler: I'm sorry.
Mayor Burk: It's all right.
Kaj Dentler:We do have concerns in that area that we understand the principle of that, obviously.We
also have to remember that we have our own obligations.If a business isn't expected to pay and there's
no penalty for not paying or trying, then there's no incentive either. It means the Town's not going to
receive--We have our own cash flow needs. What we do is when we work with our businesses and
sometimes we figure those things out with them,but just to do a blanket waiver and suspension is really
a disincentive for the business to come forward, and we have to chase hard to find that out.We have
some concerns with that.
We have our own cash flow needs that we need to be aware of.When we make presentations to the
Council on what our revenue projections are and when we already suspended those in the past, it's
very hard for Jason and his team to give you an honest answer because the money is coming in much
later. We don't know if that business is going to be around tomorrow. We can't make accurate
projections. Although the idea is solid, the reality is a little bit different. It's a lot better if we're able to
work with the businesses directly and figure out a plan that works for them.We're able then to know
exactly when the money's coming in, et cetera,versus just disappearing.
That's our concern and if Clark Case, our Director of Finance was here, that's exactly what he would
say probably in much stronger terms.We think we can work it out in a different way and we're actually
Page 171 January 26, 2021
very successful. Not uncommon connection to what the utilities does with people that get behind on
their water rate bill. It's very similar, proactive approach.
Mayor Burk:All right.Thank you.The earmark of the$500,000 to Economic Development budget,that
one's going to take a longer discussion I'm afraid. I'm not sure what they would use it for. I'm not sure
if$500,000 is what we should be spending at this point or proposing to spend.I do have some additional
questions about that one.The breakdown,the $500,000 for the Leesburg business grants, I am 100%
behind. I think that's a great idea.
I think 30% is way too high a loss ratio. I think that would really discourage a lot of businesses. I would
encourage it to move down much more dramatically to 10% or 15% but would take staffs suggestion
on that. I don't know about the employees, the number of employees. Is that something that we readily
keep track of?Would that be difficult?Would that be a hindrance to getting the money out?We want to
get the money out. Zach made the really good point of getting this money out as quickly as possible.
Would the full-time employee be an issue that would be difficult to pursue to follow up?
Kaj Dentler: On that particular point,when we look at--In essence,you've got a$1.1 million proposal,
so if you take the$500,000, you're trying to move to business grants, we support that.We recommend
that you use as limited categories as possible because you want to reduce the bureaucracy and the
double-checking and the time it takes. In the CARES Act program and the processes that we use to
create the application, review the applications,trust and verify, and on, and on, and on, and then get it
to the EDA to cut the check, it took months.
Our thought is that, take the $500,000, reduce your categories. Whatever category you choose in
regards to revenue loss, put that burden on the owner that, "I certify that I lost X."That's on them, and
then go with your gross receipts because that ties to our business, and then we know that you have a
business, you're in good standing, et cetera. If you are behind, at least you've got a payment plan in
place so that you're good. Then you move it and drop the requirement for a number of employees
because we don't know. You could tell us 30 employees, you could tell us 10. How are we going to
know?We'll never verify and it'll end up being that staff is chasing something that we can't figure out.
Ultimately,the receiver is only losing time.
Even once we get it through our system and approved, it's going to take about two weeks for the EDA
to cut the check so that$500,000 is our recommendation,we support. Use limited categories,the staff
can tell you their lessons learned of the categories we use. Use gross receipts, drop the number of
employees, move the money fast type of thing. If they want to use it for tents and heaters or rent
assistance or employees,whatever it is,that's on them. It's not on us,because we don't have the same
restrictions as CARES does.
Bottom line here is in closing is let's don't make it too bureaucratic because that's really what one of the
problems with the CARES Act was.There's so much checks and balances that had to be done. I don't
know if you want to ask staff now what they think their categories are or do you just want to continue
your debate? I do think that Russell and Keith can give you their lessons learned of what we moved
and what was successful,and help you find your sweet spot that you're looking for.
Mayor Burk: All right. I think I've gone through most of my concerns. I missed Mr. Martinez, so I'm
going to go back to him. I'm sorry, Marty. I think this is a good program. There's some adjusting we
have to make, that's all. I would like to hear from Russell and Keith as to what they did learn. After Mr.
Martinez speaks, maybe we could have them come up and just say a few words of their experience.
Mr. Martinez.
Vice Mayor Martinez: Yes, I would like to thank Mr. Cummings for coming forward and bringing this
forward. I think it is essential. I think one of the things that we can't do is nitpick this to death and create
a bureaucracy that's going to hamper what we're doing. I have no problem with any of the suggestions.
The only comment I have is the earmark$500,000 to the Economic Development budget for economic
recovery. I have no problem sending that$500,000 aside, but my concern is making sure that we get
feedback in a timely manner on exactly how that can impact our Town and how better we can do it.
I also would like to make sure we have a timeline because I don't want to sit here and talk about this
earmark for two months before we finally get a plan to move it forward. I would like to see us moving
• Page 181 January 26,2021
that plan and getting feedback back on it within anywhere between 2 weeks to 30 days to make sure
that we can act on this in a timely manner because our businesses cannot afford the waiting.
I also have no problem with the$500,000 grant. I do agree with the Town Manager. I really don't care
what they're using it for. They know better where to put the money to help them. I would like to strike
that idea about giving them reasons on how to or give them conditions on how to spend the money. I
think that if they've lost money, they need to find ways to get it back, and they are better suited to do
that than I am or any of us. I also believe that most of what we're talking about are small businesses
within Town, and a lot of their survival is--There's noise being made in the background. I cannot hear
well.
Mayor Burk:There's no noise here.
Vice Mayor Martinez:Well, it's not me.Anyways, I think we need to make sure that only the conditions
we have is that it's to help keep them in business. I also believe that any business that loses revenue
20%since this is a small businesses in the Town that we're talking about,that's a survival percentage,
anything higher than n that as a requirement, I think we should do away. I think 20% should be the
parameter.
I agree with Kaj in that we need to not put too many conditions on this. We're here. If they've been in
Town and they've gone through the CARES Act and we have them identified, there's not a whole lot
more we need to do.They've already gone through an approval process.What we need to do is make
sure that we contact them.As far as the number of employees, I also have to agree with that.Trying to
identify these businesses, I think just having a regular grant based on revenue is more than enough
and not worry about the employees.That's all I got.
Mayor Burk:All right.Thank you.
Kaj Dentler: Madam Mayor.
Mayor Burk:Yes.
Kaj Dentler: If I can just add on that the staff supports the King Street closure,so there's no issues with
that. Our plan was that we'd start that in March anyway, as soon as the weather got better. Then the
second$500,000 in reference to the EDC,we certainly support getting the input of the EDC and having
them on a short timeline to come back to you with that. That gives us time to get the first $500,000
moving, gives time to hear about new ideas, any lessons learned that we've obtained in the time and
then you can make a decision on how to do the rest. At that time, that's where you could include the
SBDC if you want.
Obviously, if you want to do that now,that's your decision.The main goal as we see it is, let's move the
first$500,000,at least,as few strings as possible,get the EDC,give you input on the second$500,000,
make your decision later, the King Street proposal will move forward, and then staff can help you with
any of your thresholds that you may be looking at. I apologize. I just want to make sure you knew where
staff was coming from.
Mayor Burk: Keith,did you want to add anything in regard to your experience of having done this?
Keith Markel: I'll invite Russell because he can talk to you about where we think the sweet spot is for
the$5,000 versus the$10,000 grants,where we were most successful in moving that money previously
and where I think the $5,000, $10,000 amounts will do the most good. Russell, I know he's got the
numbers here. He can share from our past grant awards. [crosstalk]
Russell Seymour: No, I can talk about it.When we looked at it going over the two rounds that we've
done previously, one of the things we did was absolutely, it would be very difficult to break it down by
employment. You start talking about full-time versus part-time and there's a gray area there, it's very
difficult to track. However,we did track it well with gross income or gross revenue to these businesses.
Looking at the tiers, we had gone, if you remember when we expanded it, all the way down to 2,500
and then all the way up to 2.5 million. I can tell you that from the tiers three,four,and five,which started
Page 191 January 26, 2021
at 25,000 and went up to 2.5 million that encumbers 91%of all the grant applications we've got. If we're
looking at breaking it down to two tiers, based on the numbers,my recommendation would be, look at
these 25,000 up to 750,000. That would be the sweet spot based on the numbers that would give you
the $5,000 grant. Then look at the 751,000 up to the 2.5 million. We'll do the $10,000 grant to that.
think that's your sweet spot for those.
Mayor Burk: Everybody's had their turn to speak. Now we're in the three minute round. Ms. Fox, if you
do have any--
Council Member Fox: I just have a couple of extra points. Regarding SBDC, I remember debating,
when we were doing the CARES Act money, and I'm not sure if it's different because it's not CARES
Act money anymore, but I remember debating whether or not we should give to nonprofits that served
outside of Leesburg.We ascertained at that point that,even if the nonprofits were outside of Leesburg,
they still served Leesburg residents. I think we should actually use that standard for SBDC as we're
thinking about that$25,000.
The bottom line for me would be,and this comes back to staff. I wouldn't want to do anything that would
endanger the budget to the point where we would have to actually raise taxes. Giving our businesses,
who have received help in the past, help, but at the expense of the taxpayer or the individual taxpayer,
if there were to be some raise in tax in order to accommodate this. That would concern me because
there's not much that's been done for the individual through this whole entire thing.
It's been hard on families and we haven't done too much to make sure we've been looking after them
as well.That would be the only reason. I just wanted some sort of assurance that the$500,000 that you
feel comfortable with right now is something that you could do within the budget without raising the tax
rate at this point.The million is getting a little iffy, or you're okay with that too?
Kaj Dentler: No.With a million,we will still be in the same position. I'm not proposing tax increase. I've
already busted out the headline for FY22 that you'll hear in two weeks. More of my point is, in the short
term, that's where we are, but if the economy doesn't turn as fast as we're hopeful it will,for other new
revenue sources of which we talked about don't become a reality in the near future,then at some point,
with an aggressive capital improvement program and a growing Town and needs, we will have little
choice but to talk about a tax increase.
We're okay now. I'm an optimistic person overall, so I think that we'll be okay, but I still have to look
ahead and be conservative in our projections. You don't want a manager who is going to be so
aggressive and put us in some unnecessary,rough waters. I'm okay with the million if that's what you're
looking for.As we know our situation today,that's all,we'll just keep it at that in this thought.
Council Member Fox:Thank you so much.
Mayor Burk: Miss Nacy.
Council Member Nacy: I just have a quick question.For the closure of King Street,if it wasn't allocated
in here,would we still be able to do that? Is that on the table?
Kaj Dentler: I'm sorry. I have a hard time. Can you help me with what--
Keith Markel: Sure. She was asking, did we have the King Street closures budgeted otherwise, if we
didn't have these funds available?
Kaj Dentler:Yes.We had planned in March that we would resume that program one way or the other.
Then Mr. Cummings came forward with his program. That's fine. We're going to end up in essence
paying for it anyway. [crosstalk]
Council Member Nacy: I was just wondering if, because it sounds like no one really wants to do the
50,000 for the tents, awnings, et cetera, if we combine that with the 25 make it 75. Does that put us
through the end of the year or at least till November to shut down?
Page 201 January 26, 2021
Kaj Dentler: Honestly, if you want to do the King Street closure,which I know you do,then just tell me
and I'll take care of it. It doesn't have to necessarily come out of this.We're going to pay for it anyway
because as the Mayor said,this is now your money.This is not the Federal dollar,Federal grant money.
In the proposed budget that you'll hear about in two weeks,we have the full 10-month funding,because
we're not doing it in January, February.
Council Member Nacy: That's just my only thought if we want to potentially combine those with the
500K in grants and do 575 initially tonight,just to get those things done,and then hold off the other until
we have more planning.That's just my thought.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Yes, thank you. Along those lines, Ms. Nacy, the fact that this is
emergency aid, we're in a global pandemic, it's affecting us locally. It would have been great to have
this at the beginning of January.We need to move expeditiously because we're in the middle of winter,
and there are businesses in crisis right now.Making sure that we have some sort of decision, hopefully,
tonight, to move some things forward. I think there are a number of solid recommendations about
minimizing the bureaucracy, I think we definitely need to take that into consideration.
Secondly, regarding the fiscal side I mentioned before, I think it's important to emphasize that the
recovery side of this is up to$500,000 because we don't know yet what those funds will be allocated to
until there is an in-depth analysis with businesses to identify what are some of the challenges,what are
some of the obstacles that you are anticipating when it comes to the recovery.Once again,that needs
to be expeditious as well. We don't want to drag this on for months and months and months.We want
this to be a swift recovery. I know people want to get back out when they're able to but what are some
things that the Town can do,that the private sector cannot do to help with that process?
We look forward to the Department Of Economic Development and the EDC to really glean that from
the business community so we can hear those recommendations and make determinations at that point
because we don't know that yet.We just don't know yet.
Kaj Dentler: Correct.
Mayor Burk: Mr. Martinez, do you have any additional questions?
Vice Mayor Martinez: I'll make a mention about the nonprofits and something we should consider in
the future is how we can help them with this. I know,for example,Ampersand has been doing a lot and
there are others,the Catholic Charities,and even though some of them may--The bottom line is they're
feeding our-- It looks like my phone-- Hold on. It just looks like that somewhere we have to start
considering[inaudible].They do feed our employees.Thank you.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: I wonder if I could get a quick answer from staff.Are there any parameters
recommended on the grants or is this just take the money and do with it what you will?
Keith Markel: We don't have any recommendations on how they spend the money. I think that the
parameters would be in good standing.That also includes having a payment plan with the Town if you
are delinquent, having your business having been in existence prior to March 1,2020,which is the old
CARES Act date, but that's the emergency date that we're we've been using, and we'd recommend
sticking with that.That's part of the plan, and then the tiers that we recommend too.
Council Member Steinberg: Mr. Seymour, does he have any ideas this evening as to how he would
employ that$500,000?
Russell Seymour: Mr. Steinberg that is a very interesting question. It gives me a lot to pause. I think
you're absolutely right, there's two pieces to this. One is Melanie in our office has done a really good
job of going out, and that's her job, to talk to businesses. Through this entire grant process, we have
been putting together a lot of numbers looking at who has been applying for grants, what their needs
have been,what they're using the money for.
Page 211 January 26,2021
Let's be honest, a lot of these businesses are using the money to keep the lights on for another month.
That was probably the most earth-shattering or the sobering comment I heard from any of our
businesses was that when we're talking about funding, they said, "Look, PPP and everything, great.
We're just trying to keep the lights on for another month,"and hopefully that's coming out of it.
I think being able to look at having a amount of money set aside for us to bring that back to Council.
think we've already got a pretty good handle on the visitations that we've been doing even prior to
COVID, so we can give you a lot of information.The EDC is going to meet.The first meeting is in the
first week, February. That'll be coming up. I also think from an expeditious standpoint, we can start
providing some of that information ahead of time so we're not waiting just for that.
There's also a business survey that's about to go out from the EDC that we're going to be sending out
possibly next week.That is getting close to being put out there.The only comment I had in addition to
that is, and I think Mr. Byrd brought up a good point when he was talking about promotion of service.
Something that we had talked about a lot is the businesses are keeping their lights on. They're not
advertising.They're not doing anything that they can do right now,other than,let's keep as many people
employed. Let's keep that here.
One of the requests that I put in is part of thinking of all this, is something we could do quickly was
Economic Development office is starting a locally Leesburg campaign.You're going to see more of that
coming out next week.We've already started shooting video.We are now going out and meeting with
businesses, and the idea is so that they tell their story. One of the requests that we wanted to make
when, Mr.Steinberg,you asked me about that$500,000, I would like to be able to take maybe$50,000
of that to initiate a complete,new website,social media campaign that we can put together for economic
development that allows us to incorporate that.
We've got enough to get it started. I just think that one of the things that we really need to focus on with
these businesses is something they've not been able to do, and that is,they're keeping their lights on,
let's focus on getting customers back to them. Let's focus on helping those that have vacant buildings,
that we can start marketing those buildings as well. Mr.Steinberg, I hope that answered your question,
sir.
Council Member Steinberg: It's helpful.A follow-up question would be.Assuming we pass at least the
$500,000 grant portion of this proposal this evening, how will the businesses know about it?
Russell Seymour: We will advertise a couple of ways. Advertising is one thing. I've found it also has
been more effective for us. We're very fortunate in having a contact database now for all of our tax
paying local businesses. We've worked out a really good opportunity to actually directly send
information out to those businesses. It's what we employed last time. I know that there's some concern
about the numbers last time.I will also tell you that there was some confusion between Loudoun County
doing theirs, Leesburg doing theirs. There was a lot of cross-pollination going on at that time.
What I would look at now is I would utilize the Chamber of Commerce as well as Loudoun Economic
Development,to get the message out with us saying that Leesburg has this proposal.Then in addition
to that,we will directly send the information to each business contact we have.
Council Member Steinberg: The website upgrades you just mentioned, are you saying you currently
are not funded for that? It would be helpful to have an additional$50,000?
Russell Seymour:We had gone through, Mr.Steinberg,we had gone through prior to COVID and had
a list of RFPs that we had put out for a new website to do everything that I was talking about, and that
money was reallocated to another area.Just being able to pick that back up and move forward.Again,
the timing I think is very critical.That's something that can be done fairly quickly, but I'm also looking at
things not just helping now but also helping going into the future. That's a great opportunity for us to
employ that.
Council Member Steinberg: Okay. Understood. All right. Thank you, Russell. I would say that I'd be
more than willing to support the$500,000 grant side of this proposal and additional funds to Economic
Development for the website upgrade. I'd like to see us pause on all those other little pieces, including
Page 221 January 26, 2021
the greater amount to the Economic Development until we've got a more substantial plan as to how
those are actually going to work.
The closing of King Street, I know we had already planned for, and so I don't think that presents a
problem at all. Then finally I would close in saying that as a Town government, we do our best to
manage our finances. That's how we help the individual residential taxpayers because it allows us to
continue providing great services without raising taxes..Whatever we can do to help the commercial
and the business side, I think that's how we help everyone, including our residents.Thanks.
Mayor Burk: Mr. Cummings.
Council Member Cummings:Thank you.Just a few quick comments. I appreciate staffs advice from
the CARES Act. I think those were some really good recommendations for the grant proposal in my
pandemic business plan. I just want to reiterate that this is an investment. Any money, whether it's at
$1.1 million or$500,000 is an investment. I really think it's important that we look to that recovery fund
and bring in as many voices as possible like Mr. Seymour alluded to. There are things out there that
need to be done to help us maximize what, knock on wood, should be, hopefully, a boom in the last
part of this year into 2022.
Mayor Burk:We all need to knock.
Council Member Cummings:That will make this conversation about a$1 million or$1.1 million moot
because we'll see revenue return to where it was in the past, but also we should see it exceed where it
was in the past. If it's okay, I'd like to make a motion.
Mayor Burk:Well, I haven't spoken.
Council Member Cummings: You haven't. Okay. After the Mayor, I'd like to just get a few more
minutes.
Mayor Burk: I commend you for bringing this forward, Mr. Cummings. This is great. There's a lot of
good ideas here. I am concerned about the 28 frozen positions that aren't filled at this point and how
does that start impacting our services and what we're doing? If it is okay with you, Mr. Cummings,
would ask that we go, and I'm not sure what your motion was, but could we go through each bullet and
see if there's support for each one of the bullets individually, each part of the program.
Council Member Cummings: I'm happy to do that. I think maybe for time circumstance, what I was
going to do is try to split the proposal tonight, put forward a motion to put in place the grant program
and let staff begin to put that in forward.Then we can,at another maybe work session,bring up the rest
of the plan to discuss item by item.
Mayor Burk:Well, that is most certainly reasonable. If you would like to make that motion, I would be
happy to give you my time.Would you like to actually make the motion?
Council Member Cummings: Yes, sure, actually. I move to that we push forward the $500,000 and
then have staff put together a grant plan using a 20% minimum loss and going and--
Mayor Burk: You sure you don't want to go down?
Council Member Cummings: I will say 15 to 20, I'll leave it to staff to determine. I think 15 is okay with
me.
Vice Mayor Martinez: If I may,the motion is to split the question, isn't it?
Mayor Burk: No, he's making the motion of what he wants his motion to be right now.We're not sure
what it is so we need to listen to what he's trying to do.
Council Member Cummings:Again,we move to begin the grant process. I would like to as part of that
grant process, the minimum loss be 15%. I'd like to cut the employer-- employee, excuse me,
Page 231 January 26,2021
requirement.There is no requirement of a number of employees. I'd like to ask staff to use the 25,000
to 750,000 for revenue,for$5,000 grants, and the 750,000 to 2.5 million for the$10,000 grants.Then
in that motion, I'd also like to include 50,000 to the economic development department for a website
and marketing, excuse me.
Mayor Burk:And do you still second that?
Council Member Fox: [inaudible]
Mayor Burk: Council Member Fox seconded.Does anybody have a discussion at this point?Any more
questions?
Council Member Steinberg: Madam Mayor?
Mayor Burk: Yes.
Council Member Steinberg: I wonder if Mr. Cummings would accept a friendly amendment?
Mayor Burk: Let's see.
Council Member Steinberg: I would move that we rescind resolution 2020-117 so as not to restrict
our options in any future budgeting process.
Keith Markel: Madam Mayor--
Mayor Burk: Excuse me,we got heads that are saying, no.
Keith Markel: We looked at that, we were discussing what's the cleanest way to go about this. There
are other elements to that resolution that need to stay intact the way that it moved money and did other
things besides some of the things that we're trying to release for payment now is the appropriation for
this.We'd ask that that stay in place.The resolution that's provided in your digital packet that came out
this evening has the language in there that's necessary for us to be able to free up those funds that
were frozen with the 2020-117 resolution.This would be the continuation of that discussion.
Mayor Burk: It's in here? I didn't see it.
Keith Markel: It was sent to you earlier this evening.
Mayor Burk: Oh, separately?
Keith Markel: It's not in your folder, it's digital.
Council Member Steinberg: Do we have the language that I could then incorporate in a friendly
amendment to do exactly what you're asking?
Kaj Dentler: It's in their.folder, right?
Mayor Burk: Is it in the blue folder?
Kaj Dentler: Hard copy's in here, right.
Keith Markel: I'm sorry.
Kaj Dentler:There should be hard copies in your folders.
Mayor Burk:Where would the wording that you want him to include?
Keith Markel: I think the entirety of the resolution and then we can strike through those elements that
you do not want to include at this time would probably be the cleanest way to approve the--
Page 241 January 26, 2021
Mayor Burk: I have no idea what you mean.
Keith Markel: If you have the hard copy of resolution in front of you, that would be resolution dated
January 26th,2021,Pandemic Business Assistance Recovery Plan.We have the outline of the proposal
as it was originally presented by Mr. Cummings. We could just go through and strike through those
elements which you do not want to include at this time.We'll bring those back in the future.
What I heard is that we're striking A, B,C, keeping D,which is the business grant program as amended
this evening. Then the categories as amended as discussed. We'll change those categories here for
the revenues.We'll keep the Town being in business at March 1, 2020, physical location in the Town
in good standing with the payment plan, if necessary. Getting rid of the requirements of employees.
Then we go to number two, portions of the general fund balance restricted by resolution number 2020-
117 in the total amount of 550,000 I believe is the number which will cover the grant program along with
$50,000 for the Economic Development department's website and marketing campaign. Then under
number two, we'll get rid of, A, outdoor dining, B, tents and heaters, C, small business development
center, keeping letter D.Then three and four stay intact.
Mayor Burk:All right, Eileen,you have that?Okay.
Council Member Steinberg: That language takes care of what we need for resolution 20.
Mayor Burk:What about the street closures?
Keith Markel: If you'd like to include that in and free up money to be used from this for the street
closures,we can do that this evening if that's your desire.
Kaj Dentler:You might as well because, in essence,you're directing me to do it anyway.You might as
well put it in here,the money source is the same.
Mayor Burk:We have to increase it by 25,000.
Eileen Boeing:We're keeping item 2A with$25,000 being inserted on that line.
Chris Spera: Both 1A and 2A.
Mayor Burk: Are you still okay with that, Ms. Fox?
Council Member Fox: Yes.
Mayor Burk: Mr. Steinberg, this takes care of your concern about the money from the previously
restricted resolution.
Council Member Steinberg: If Mr. Markel says it does and Mr. Spera says it does, then I assume it
does.Thank you. I can withdraw that.
Keith Markel: Hold on one second. I'm sorry.
Jason Cournoyer: My apologies. I just wanted to point out in the packet resolution,it is freeing up that
exact amount you're appropriating out of the restricted. I just wanted Mr. Neil to understand that it's not
the total restricted fund balance but only the portion that you approve this evening.
Keith Markel: 575,000 will be released from that restricted amount.
Mayor Burk:Now,the other things we're going to talk about 500,000 later,will we have to do that again.
Keith Markel:We'll come back with a follow-up resolution.
Christopher Spera: A different resolution based upon whatever you decide.
Page 251 January 26,2021
Mayor Burk:Great. Thank you.We have a motion on the table.We have a second by Council Member
Fox.All in favor indicate by saying aye.
All:Aye.
Mayor Burk: Opposed? It passes seven zero. Great discussion.Thank you very much.
Keith Markel: Thank you very much
Mayor Burk: Next,we have a public hearing. Oh, boy, a public hearing. Is it in here?Yes.You have it
in here, okay.
I call to order this January 26 public hearing of the Leesburg Town Council. Unless there's an objection,
I will dispense with reading of the advertisement. If you wish to speak, we ask that you either sign up
on the sheet in the hallway outside of Council Chambers. If you do not get the opportunity to sign up,
we will give you an opportunity to speak.We will also provide remote public participation for callers on
the phone or on WebEx. In all cases, please identify yourself and if comfortable,give your address for
the record.
In the interest of fairness,we ask you observe the five-minute time limit.For those participating in person
or on WebEx, the green light in front of you will turn yellow at the end of four minutes indicating you
have one minute remaining.At that time, we would appreciate your summing up and yielding the floor
while the bell indicates your time has expired. For those participating on the phone, you will hear the
bell when your time has expired.
Under the rules of order adopted by this Council. The five-minute time limit applies to all citizens.
However,rather than having numerous citizens present remarks on behalf of the group,the Council will
allow a spokesperson for the group a few extra minutes. In that instance, we would ask the speakers
when they sign up to indicate their status as spokespersons,the group they represent,and their request
for additional time.
Our procedure for the hearing tonight is as follows.There will be a brief presentation from staff about
the item before us.There will be a brief presentation by applicants and third members of the public that
have signed up to speak will be given five minutes to make their comments.The public hearing agenda
item for tonight is TLZM-2020-0003 Leesburg Premium Outlet Mall concept plan and proper amendment
rezoning application. Hello.
Scott Parker: Hello. Madam Mayor, Members of Council, new members of Council. My name is Scott
Parker. Some of you know me,some of you do not. I've seen your Senior Project Planning Manager in
the Planning Department. This evening what we have before you is TLZM-2020-0003. This is a
Leesburg Premium Outlets concept plan and proffer amendment,otherwise known as a rezoning.This
is a graphic of the outlet mall.
I'm sure everybody is familiar where it is. It's a very large building and complex out on the bypass.This
is the subject property of the outlet malls right here for an aerial view for your viewing pleasure.What
we have now for an existing zoning for the outlet malls, it was originally approved in 1997. It was
approved for 500,000 square feet of retail plus freestanding restaurant and bank pads.It was previously
rezoned and amended under TLZM-2013-0004 in 2014 as well as a special exception to allow a 671
square-foot increase of the retail at the outlet mall and a special exception to allow Panera to have a
drive-through.This is the existing zoning of the mall, it is zoned B3, and with the adjacent zoning that
you can see on this presentation.This proposal this evening is two parts.The first part is a concept plan
amendment to allow an additional 2,000 square feet of retail which will take the form of freestanding
kiosks on the site.The second part of this application this evening is a proffer amendment.
Currently,the existing proffers of the mall has quite a few uses in it that are proffered out.The applicant
is looking to have six of those uses allowed at the mall now for reasons that they will describe. John
Dionis from the Simon Properties is here with us this evening. This is the concept plan of the mall, all
the kiosks that we're talking about now which will be a total of eight, I'll go through that in a moment.
They're located inside the site, they will be located in the courtyard and will not be visible from offsite.
Page 261 January 26,2021
Specifics of proposal one. The concept plan to allow 2,000 square feet of retail is in the form of
freestanding kiosks.
There are currently four kiosks existing on the mall and they have been there since 2005. Given the
Council's recently approved ordinance amendment to allow vending kiosks,this site will be allowed to
have eight total kiosks. For this legislation, there are use standards that you approved for the kiosk in
there as such as size, lighting, signage, no water, et cetera. This request is for an additional 2,000
square feet of retail above the allowance of 500,671, not necessarily the kiosks themselves they are
allowed by right now. This does, along with the previous ordinance many of you passed addresses a
zoning issue that originally brought this up with the existing kiosk.
There was a zoning permit that was needed for one, it was found that they had them. Being that the
kiosks are allowed, there are use standards, they will still have more approvals to go through. This is
specifically about increasing their concept plan use of 2,000 feet and they will be in the four existing
kiosks with the potential of four more existing for a total of eight that is allowed under your ordinance.
These are representations of the kiosks that are internal to the mall site. These are three of the four
that are existing out there. I did have to question what a Bubble Tea and Wafflery was, but I understand
it's pretty awesome,although I have never been.
Proposal two for this application this evening. The proffers currently prohibit existing uses--All right, I
am going to start this one more time.This proposal allows uses that are currently prohibited by there or
existing proffers. The six uses are there before you and were in your packet, the secondhand store,
arts and crafts,beauty shop,and barber shop,dressmaker,photographer,studio,tailor shop,these are
all allowable uses under the existing B3,they're all by right and there's no special exception uses within
these six. There are a number of uses that will still be prohibited by their proffers that they are not
required to change,they will stay in effect.
I will not do a dramatic reading, but I think that we can all say that it's good that they're prohibiting a
video rental store out there because we all know that they're very prominent these days, you can tell
when they were made.
Council Member Fox: [chuckles]We don't really need those.
Scott Parker: All of these uses that are up here and will stay in the existing proffers will still stay
prohibited.As far as rezoning approval criteria,there are five and they do meet all of those criteria with
respect to Town Plan, binding agreements, traffic impacts, surrounding uses, inadequate public
facilities. This has a very negligible use, it's less than a 1% increase in retail at the outlet mall. There
the outstanding issues with this application.All the kiosks will require zoning permits and the kiosks are
subject to BAR approval because the outlet mall is in the H2.With the zoning permit that we will take a
look at those for approval for them.
Staff recommends approval of this application. However, on September 3rd, the Planning Commission
saw this item and they voted five to two to recommend denial of the application.The reasons for denial
are in here.The kiosks themselves, as physical structures, is moot now since they are allowed by right
with the change in the amendment. The last bullet point needs to be noted that it was stated in the
motion that antique and second-hand stores are not listed in the B3. They are considered retail users
and they are indeed allowable in the B3-zoning district. Again, I provided the reasons. The Planning
Commission recommended denial.
I will let you go through those or have questions if you do have those of me. The suggested motions
are on the screen here. This concludes my presentation of this application. There is a motion for
approval, motion to deny. An alternative is here for your use should you decide to use it. With that, if
you have any questions of me, or if you want to hear from the applicant,who I believe has a very brief
presentation,we can do that.
Mayor Burk: Does anybody have any questions for Scott at this point? No?Okay, I have one.
Scott Parker: Yes, ma'am.
Mayor Burk: Can you go back to the second to last,what are they called? Chart. The next one.
Page 271 January 26, 2021
Scott Parker:That one?
Mayor Burk:No,the one that listed--No,keep going. It was the one that why the Planning Commission
denied it.
Scott Parker: Okay, right there.
Mayor Burk: It says, "A secondhand store hurts people who volunteer in non-profit stores in times of
distress."What does that mean?
Scott Parker: I do not know,ma'am,honestly,but my conjecture with that is,and that is direct language,
is that I think that the intent of that comment was that, since they are asking for a secondhand store,
there are a number of secondhand stores within the Town that are related to non-profits. The feeling
was that allowing this as a straight retail for profit use would hurt the ability of the non-profits to function.
I do believe the applicant has a statement about that, about what the general design of this particular
request is, and it may be presented that it wouldn't be in direct competition with those types of
businesses.That's my understanding.
Mayor Burk: Aren't outlets technically considered secondhand, in that at least they're not the first
quality, they're the second quality of whatever?
Scott Parker: I would have to let the applicant answer that because it's probably a hybrid of both.
Mayor Burk: Then, "Additional request to uses hurt the Town and entrepreneurs by providing more
available competition."That's not a consideration is that the we should be looking at competition?
Scott Parker: Ma'am,that was a recommendation from the Planning Commission verbatim.
Mayor Burk: Okay.All right,thank you.
Council Member Steinberg: Madam Mayor, I have a few questions for Scott, please?
Mayor Burk:Yes,sorry, I keep forgetting you guys are there up in the air.
Council Member Steinberg:Well,we'll try to make more noise.
Mayor Burk: No,that bothers more, don't.
Council Member Steinberg: No, I can't do that. Scott,what was the rationale originally for restricting
certain uses in the proffer in the first place?
Scott Parker: I only have speculation on that and I'm going to say speculation on that. We have a
feeling that back in 1997 when the Town was a different landscape, that those particular prohibitions
were a negotiation with the original developer of it in order to potentially, or possibly protect downtown
businesses. Brian Boucher and I have had numerous discussions that when the outlet mall came in in
the 90s,there was considerable discussion about the impact that it would have on the downtown. We
only speculate that those particular uses were proffered out as a way to protect existing businesses at
the time.
Council Member Steinberg: Okay,thanks,and can they get approval for all four kiosks as one zoning
application,or do they have to be applied for individually?
Scott Parker:They will have to be individual applications for those.
Council Member Steinberg: All right,thank you, and then finally, I just want to make sure there's no
confusion, but on page 188 of our packet,item five,which says,"Area calculations and proposed FAR."
It says, "The proposed kiosk use is up to an additional 6,000 square feet."Of course, it doesn't work in
the final map, but may I assume that's just a typo?
Page 281 January 26, 2021
Scott Parker: Yes, the original application was for 6,000 square feet and that was because the mall
was initially going to request 10 kiosks. Now that they're down to eight total, that changes to 2,000
square feet of retail.The 6,000,whatever you were looking at,should have said 2,000. It does reference
6,000 in the Planning Commission staff report because the vending kiosk ordinance was passed
subsequent to the Planning Commission public hearing.
Council Member Steinberg: Okay,thank you.
Mayor Burk:Anyone else have any questions?
Council Member Cummings: I have one question.
Mayor Burk: Yes, Mr. Cummings.
Council Member Cummings: Sorry. One of the items in what the applicant is looking to bring into
these kiosks is a barbershop/beauty shop. I noticed the Council when they passed to allow the kiosk, it
said without water. Is that a concern, and maybe the applicant can answer it, but is that a concern and
is that something we need to tidy up tonight?
Scott Parker: I'll let the applicant address that, but it's not anticipated that any of these particular uses
are going to go in the kiosk, they're more supportive uses for entrepreneurs and smaller people in the
retail environment. I don't think it's anticipated that the small size of the kiosk would have these uses.
That specifically meant maybe you could do that in there, but I don't think a barbershop or beauty shop
is going to be in the kiosk, but these uses were mainly meant for the entire shop. I think the applicant
will explain to you what their use is of the kiosks and how they function for the site.
Council Member Cummings:Thanks. Maybe like a walk-by haircut or something.
[laughter]
Scott Parker: Or bubble tea and waffles.
Council Member Cummings: Or maybe video as well.
Scott Parker: Or video.
Mayor Burk: Ms. Fox, you have your light on.
Council Member Fox: Oh, sorry.
Mayor Burk: Oh, okay. Anybody else? All right, can we have the applicant come and do the
presentation?
Scott Parker: Did you get the PDF, Eileen?
Eileen Boeing:Yes.
Scott Parker: I'm sorry.You just use that to advance.
John Dionis: Okay.All right, I'll try and figure that out. Madam Mayor and Council, it's wonderful to be
here in person tonight. I've had the opportunity through WebEx this past year and it's refreshing to be
able to address you in person. I appreciate your time.We are putting together a little presentation and
what I'd like to start with is the kiosks. If I can work this,there we go. I have on the screen a plan view
of our center and I've put some distances.What I found is is that it's hard to understand the size of the
center,you think of it as one place, but if you span from the food court in the center,which I've noted of
the long straight of way, you can go 700 feet in one direction or the other direction,which is more than
two football fields.
Page 29I January 26, 2021
A typical city block is 300 feet,so it is a long way to get from one end to the other, and then there's the
other wing that is another 700 feet. It is a very large center and I think we are comfortable supporting
all the kiosks in such a large place and to distribute some services.I'm going to talk about food offerings
as one of the main components of the kiosk. There is a food court, but, again, there are opportunities
for snacks,for people who are walking and spending time in and out of stores to stop for a quick rest
and a bubble tea, perhaps.These would be outdoor places to enjoy,there are some seating areas. If I
go through the main areas that we've renovated over the last two years.
COVID disrupted us for the time being, but we've completed our renovation.We've spent quite a bit of
money on these common areas to create some spaces that are placed to recharge and relax and
complement the shopping environment.We feel that to have these kiosks, if we're looking at this first
main court in front of Nike,we'll call it the Nike court, you can see where we've placed a pergola and
seating around a play lawn, if you will. An area where we can do some activities or different seating
arrangements,which we kind of see in the lower picture,but it's a big open area,easily support multiple
kiosks here.
If we move to the next court, if you follow the plan along the bottom, what I've shown is I've circled
where the court is on the plan, and then the closeup and you see where it is relative to the food court
as we move, plan left. This court, the center court, we've introduced a very large fire pit, a wonderful
feature for gathering,for relaxing.Again,this court can easily support multiple kiosks.You could see a
new unit on the right in the lower picture and existing is behind the pergola. However, I think Scott's
presentation showed some good close-up pictures of some existing kiosks.Down in the end court which
is at the elbow,we've actually created an eating area.
This is something I'm going to come back to in a second, but again, great opportunity for sit down and
recharge.Then the final place that we've majorly renovated is near the drive way,the main entry where
we added a playground and some play features with new hardscaping and landscaping throughout the
center. It's really come out well. We're very proud of it and we feel that these kiosks are not going to
overwhelm the center.That's why we were looking for 10 this past year and have been trying to move
forward with that number.We understand eight is what felt appropriate at the zoning level and we can
work with that and do appreciate that, so we've adjusted our application to come in for eight kiosks
approval.
When I go back to this corner court and, Councilman Cummings,you had mentioned water. Now,what
happened at the zoning level was sewer and water were eliminated as a connection to the kiosks.This
is something that moved in the kiosk.The assumption was we had the ability to put kiosks in.Then as
we went through this process, and I wasn't involved two years ago when this started becoming raised
as an issue, we had been moving forward because we historically had kiosks there. It was generally
six,four is what Scott had put on his presentation because two were seasonal, and that's the case with
any number of these.
What had ended up happening is we had anticipated that we could have a food service and perhaps a
drink service kiosk that could support this food area.We actually have approved plans and permits and
constructed water connection for a kiosk. Then this process came along and now it stopped us in our
tracks, so we can't move forward with the deal we were anticipating on that court. If it is so required,
perhaps we can come back to make that change to allow for that kiosk to occur.We feel at this location,
it's a very well-traveled corner, pretty far from food court and an outdoor space. You can see I
mentioned, or I didn't mention, but adjacent to the ADA ramp, that lower picture, we've certainly
upgraded the access.
It's a wonderful, easily transition made up to, there's a little bit of an upper level as you head towards
the playground area. Anyway, with that aside, I just wanted to mention that. We feel that with the six
that we've had,this use is not something that is new.They've been there for close to two decades a lot
of them. I think that the uses that are here speak for themselves.They've been a part of our community
here for a long time, they provide a small business opportunity. There's nothing easier for an
entrepreneur with an idea to have a low investment opportunity to see if his idea works, whether it's
food or other type of little retail products.
In an environment where we have national retailers, we also have this opportunity for small business
owners. Uncle Dave's Kettle Corn has been there for a very long time.The Bubble Tea has been there
Page 301 January 26, 2021
for quite some time. The coffee entrepreneur is a staple in the center for many years and a small
business owner. I'll quickly move over to the second portion with my time left and mention that for the
uses that we are looking at are typically something that we have found success at other centers to be
complementary to the national brand offerings that we have. When we say secondhand, there's
opportunities for what has become hot as secondhand Louis Vuitton bags, high-end sneakers, it's
evolving the market.
Secondhand is becoming really an integral parts of the retail landscape in that sense.Antiques no,we
didn't call that out, we leave that out, but I think the second-hand designation is very important. They
are other uses. They are all allowed under B3 and we'd like to see a couple of those help us and
compliment, for example, a Brooks Brothers if there's a tailor on-site. I believe that's a very
complimentary use,and quite frankly,some competition for Brooks Brothers.If you have any questions,
please let me know. I hope I didn't take too much time, but I tried to get some information that I can
share with you.Thank you very much for your time.
Mayor Burk: Thank you. Is there anyone who does have questions? See, you did such a good job,
there's no questions.Thank you.
John Dionis: Thank you very much.
Mayor Burk:Thank you very much.
Eileen Boeing: Madam Mayor,if you could give me just a moment.The power flipped on this,so I want
to make sure we didn't lose the WebEx, please.
Mayor Burk: I'm sorry, I can't hear what you're saying.
Eileen Boeing: If you could give me just a moment,the power blipped on the WebEx and I'm afraid we
may have lost. I'm going to log back into the meeting and hope that Mr. Martinez and Mr. Steinberg are
still there.
Vice Mayor Martinez: I am still here.
Council Member Steinberg: I'm still here, but we have no video.
Eileen Boeing: Great.Yes,give me just one moment, please.
Mayor Burk:You wouldn't believe what's going on.
Council Member Steinberg:Actually, I can see you right over the clock, so take care.
[laughter]
[silence]
Eileen Boeing: Gentlemen, can you see the screen now?
[silence]
Mr. Martinez and Mr.Steinberg,can you see the screen now?
Mayor Burk: No,they can't see it.
Eileen Boeing: Let me redial back.
Mayor Burk:Who was your question for, Bagdasarian.
Council Member Bagdasarian:[inaudible]
Page 311 January 26,2021
Mayor Burk:The gentleman from the outlets?
Council Member Bagdasarian:Yes.
Mayor Burk:We have a question for you.
John Dionis: Oh, it's all right.
Mayor Burk: I'm sorry, you said?
John Dionis:John Dionis.
Mayor Burk:John Dionis.
Automated Voice:Welcome to WebEx.Enter your access code or meeting number followed by pound.
Council Member Bagdasarian:While they're reconnecting,you mentioned entrepreneurs.Obviously,
the kiosk--
Automated Voice: Enter your attendee ID number followed by pound.If you do not know your attendee
number, press pound.
Council Member Bagdasarian:They could be an incubator for retail entrepreneurs.
John Dionis:Agree.
Council Member Bagdasarian: Have you seen folks start there,and then leave or-
John Dionis: Move in.
Council Member Bagdasarian:-move in?
John Dionis: Yes, absolutely, and they have moved into inline space or in other areas or multiple
locations.They've used this to create an opportunity. If they didn't want to grow that business, they've
expanded it to multiple locations and incubated it that way. Sure.
Council Member Bagdasarian:Thank you.
Mayor Burk:Are they on?
Eileen Boeing: [inaudible]
Mayor Burk: Maybe that's not so bad.
Automated Voice:Welcome to WebEx. Press one to be connected to your meeting.
Eileen Boeing: Gentlemen,can you hear me?
Council Member Steinberg:Yes.
Eileen Boeing: Mr. Martinez?
Vice Mayor Martinez: Of course I can hear you. I've always been able to hear you.
Eileen Boeing:Thank you, sir.
Council Member Fox: Madam Mayor, I'd like to move a motion.
Vice Mayor Martinez: I heard your snarky comment, Kelly.
Page 321 January 26, 2021
[laughter]
Mayor Burk:Wait a minute,no snarky.Do we have anybody from the audience that would like to speak
at this point? I see no one. Do we have anybody online that would like to speak?
Keith Markel: Madam Mayor, we have two members still online here, so we can see if they wish to
speak on this item.
Mayor Burk:All right.
Keith Markel: I've unmuted our first speaker, Mrs. Kumar. Mrs. Kumar,do you have any comments for
the public hearing?
Anjali Kumar: Hi, can you hear me?
Mayor Burk:Yes.
Keith Markel:We can.
Anjali Kumar: Hi. No, I have no comment,thank you. I'm still listening,thank you.
Mayor Burk:Thank you.
Keith Markel: Our second speaker is Mr.Thomas. Mr.Thomas, I'll unmute you now.
Eric Thomas: Hey,good evening. Still the same status, I'm just participating and listening.Thank you.
Keith Markel:All right,thank you.We have no other callers online, Madam Mayor.
Mayor Burk: All right, thank you. Then there's nobody else in the audience that might want to speak
because it's all the same people, so at this point, I will close the public hearing. Is there anyone who
has a motion?
Council Member Fox: Yes, I'd like to make a motion, please.
Mayor Burk:All right.
Council Member Fox: I'd like to make a motion to approve TLZM-2020-003, Simon Properties
Leesburg Premium Outlet Mall concept,and proffer amendment to allow 2,000 square feet of additional
retail and allow certain uses prohibited by existing proffers.
Mayor Burk: Is there a second?
Council Member Nacy: Second.
Council Member Steinberg: Second.
Mayor Burk: Second by Councilman Member--[chuckles]
Scott Parker: I'm sorry, Mayor,who's the second?
Mayor Burk: Council Member Nacy got it first, okay. [laughs] Any more additional comments? All in
favor, indicate by saying aye?
Council Member Fox:Aye.
•
Council Member Steinberg:Aye.
Council Member Cummings:Aye.
Page 331 January 26, 2021
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: Sorry about that.Aye.
Mayor Burk:All right, and Mr. Cummings?
Council Member Cummings: I just have a quick point of order question.The applicant brought up the
conversation about the water to the Town Attorney. Is there anything we can do tonight to not make
them come back up?
Mayor Burk: Sorry, but we've got a motion on the table that doesn't involve the water, so we have to
deal with the motion on the table first.
Council Member Cummings: Just passed it, right?
Mayor Burk: No, we haven't passed it yet because I was waiting for people's vote. I asked you what
your vote was.
Council Member Cummings: Oh.
Mayor Burk: Passed. Okay, that is seven-zero. All right, now you have an additional question about
the water.
Scott Parker: [inaudible]
Mayor Burk: I believe that is something that would have to go through the Planning Commission, and
there would have to be a whole another application.
Scott Parker: Since the legislation is in place now,there would have to be another ordinance initiation
to remove that use standard from that particular code section because that is a use standard under
Section 9,so there would have to be another initiation in the code amendment to remove that.
Mayor Burk:All right, and maybe they'll come forward too next.
Scott Parker:We can certainly discuss it.
Mayor Burk: All right,thank you. All right, is there any new business that anyone wants to add to the
future items?Miss Fox?
Council Member Fox: No, [inaudible].
Mayor Burk: I'm sorry?
Council Member Fox: No, I have a disclosure.
Mayor Burk: No, I'm sorry. We are [crosstalk] additional feature meeting, and then we have a close
session to go into.
Council Member Fox: I guess we need some sort of maybe a memo. I had a County arborist, I don't
know if anybody knows who Mr. Harrison is. He's my neighbor and he basically said that some of the
trees, as part of the South King corridor that the Town planted as part of that beautification are really
close to the road. He was worried about some of the overhanging root systems. I didn't know that, but
he brought that to my attention, I thought I might bring it to Town's attention to see if it's too late to
transplant trees, or could we look and see if they're really not good for where they are.
Kaj Dentler: I certainly can send Council an email. I did talk to Mr. Harrison. Based on some of the
constraints they had in the space,they did have to make some adjustments,but it is still farther distance
in what it appears from driving by. Our Town arborist said it is planted appropriately. I'm satisfied with
that, it's been addressed.
Page 341 January 26, 2021
Council Member Fox: It was he knows better than I do,so I thought I'd bring it up.
Kaj Dentler: I did talk with Mr. Harrison directly.
Council Member Fox: Okay, and the only disclosure, I don't really have anything else, the only
disclosure I have is,one second, it's something here. I had a meeting, and of course, I can't see where
it was,but I met with Peter Burnett about the Liberty Street parking lot.That was just this past week,so
I'll put that on my disclosure form, but thanks.That's it.
Mayor Burk:All right. Ms. Nacy.
Council Member Nacy: I just have one disclosure, I met with Peter Burnett via a Zoom meeting
yesterday also about Liberty Street.That's it.
Mayor Burk:All right, thank you. Mr. Bagdasarian.
Council Member Bagdasarian: Just a couple of quick things. One, on the mentor month resolution
and recognition, I wanted to point out the Young Entrepreneurs Academy that the County and Town
and SBDC have been running for the last five years at the Mason Enterprise Center. It's a fantastic
program and engages a lot of business leaders in the community to mentor students about
entrepreneurship. I do have an item I'd like to have added to our next agenda for the work session,and
that's a proposal to webcast and archive public board and commission meetings to safely increase civic
engagement.
A number of our commissions like Council, EDC, BAR, Planning Commission, and the Technology
Commission currently broadcast their meetings so we can access them online if you can't attend.I think
it'd be great to incorporate that for all public meetings for boards and commissions using WebEx or
whatever that technology is that we can do that so that we have greater transparency and visibility and
engagement. I'd like to add that.
Mayor Burk:So you're asking for a work session, proposing that the boards and commission meetings
be archived, be recorded and archived for the transparency and people being able to view them later
after the meetings are over? Is that a possibility?
Kaj Dentler: Yes, I've spoken briefly with him, and so I understand what he's looking for, and it would
be best if we have a chance with the staff to go look at what our technological capabilities are in the
rooms that the different commissions meet at, they're not all the same. We certainly can look at that
and take advantage of what tools we have to achieve. I think a work session would be appropriate for
IT to talk with you so you understand what they may need.
Mayor Burk: Does it have to be the next meeting or will you be flexible?
Council Member Bagdasarian:Whatever works for the timeline of staff.
Kaj Dentler: Our normal process is if you bring up a work session item or request, it really goes four
weeks out unless Council specifically says we want to talk about it the next meeting.
Mayor Burk: Right, and that's why I brought it up because he did say that.
Kaj Dentler: Right, so that would give us plenty of time to come back and be ready,-
Council Member Bagdasarian:That's fine.
Kaj Dentler:-but if you want it done sooner,that's your direction.It's just our normal practice is it comes
four weeks out.
Mayor Burk: No, he said it was fine.
Council Member Bagdasarian: Yes,four Weeks is fine.
Page 351 January 26, 2021
Mayor Burk:Anything else?
Council Member Bagdasarian:That's it.
Mayor Burk: Mr. Cummings.
Eileen Boeing:Who are the four votes?
Mayor Burk: Pardon me.
Eileen Boeing:Are there four votes?
Mayor Burk: Oh, I'm sorry, I forgot about that,yes.Are there four people that are willing to have a work
session discussion on archiving their boards and commission meetings?
Vice Mayor Martinez:Yay.
Mayor Burk: Okay, everybody.Thank you, Eileen. Mr. Cummings.
Council Member Cummings: No disclosures, no comment. Due to the postponement of the Council
retreat, and I understand why we had to do that, it's just par for the COVID course here, I wondered if
it wouldn't be helpful to maybe try to have each Council member put forward their maybe three or four
goals that they're looking to achieve over the next two years and maybe send it to Mr. Dentler. If we
have two or three that we all have put on or majority of Council have put on as goals they want to
discuss that we could then, in the coming work sessions, use those goals as benchmarks to begin
discussion.
Mayor Burk: I thought you said you didn't have anything.We are anticipating the March time period for
the retreat.
Kaj Dentler: It depends on Council, I think. I think what we had talked about was probably more April
or May, but it's up to Council when you want to meet,and then I have to arrange for the facilitator if you
still want to use a facilitator.What I've heard Mr. Cummings say, I think he's taken a different approach
to try to stimulate the conversation sooner than later.
Mayor Burk: Do we have four people that would like to have the Council members set their goals and
send them to Mr. Dentler to see if there's anything in common?Do we have four people that want to do
that?
Vice Mayor Martinez: Sure.
Mayor Burk: Mr. Martinez.
Council Member Steinberg:Yes.
Mayor Burk: Mr. Steinberg, Mr. Cummings. I assumed you, yes. I don't know that that's going to be
very productive,to be honest with you, but I'll say, yes, and we'll see where it goes. Okay.
Kaj Dentler: So this will be you will submit your goals, as I'm understanding, you're going to submit
your whatever number of goals to me, I'm going to record all that,and then look for your commonalities,
report all that to you, and for work session discussion, right? Is that what I'm hearing?
Council Member Cummings: Yes,that's the main point.
Mayor Burk: I don't know,the timeline being,this is the end of January,the end of February?
Kaj Dentler: Do you have a specific? Do you want to hold that in the work session in two weeks,four
weeks, six weeks?
Page 361 January 26, 2021
Mayor Burk: No, I'm talking about the goals,just getting the goals to you. Can you give us the end of
February?
Council Member Cummings:Yes,end of February, maybe before the second meeting of February.
Mayor Burk: Before the second meeting?
Council Member Cummings: Yes.
Mayor Burk: All right, and that's just to give you the goals, and then you'll have them for the next
meeting after that.
Kaj Dentler: Correct, I'll send out something to tell you or give me the information I need by X date to
meet my deadlines and go from there.
Mayor Burk: Okay. Mr. Steinberg.
Council Member Steinberg: One disclosure, I had a meeting with Peter Burnett regarding Liberty
Street project.
Mayor Burk: Peter has been busy.
Council Member Steinberg: Yes, he's been busy and persuasive. No comments,thanks.
Mayor Burk:All right. Mr. Martinez?
Vice Mayor Martinez: Since we're postponing our retreat, I think this gives us plenty of time to ask our
boards of commissions to have their input on what they think if they want to change their objectives,
their charter, their mission statement because one of my goals is to look at all our boards and
commissions to input what our expectations are going to be of the boards,commissions,and structure,
how meetings are run, etc.I think now would be a time to ask our boards,commissions to give us some
feedback.
Mayor Burk: All right. I just have a couple of things and I just lost where it was. Oh, on behalf of the
Town Council on the 18th, I did present to the Leesburg Volunteer Fire Department our last check.They
will be equalized now with the County.They were very grateful and you guys haven't had the opportunity
to attend their galas yet, but when they get back in force, those are really fun events to attend and to
say thank you for all the hard work that these men and women do for us.They really are very important
people and we need to make sure that we continue to support them the best we can.
I want to thank Tammy Carter and her team that put together the Martin Luther King March virtually,
and boy, it was just amazing. It was very impressive and it was great that the Town Council came out
and everybody was very glad to see that the Council came out in their cars and drove to Douglass
Center just like we would have if we actually had walked. Thank you for taking the time to do that. I
want to express my real sorrow to Mr. O'Connor for the fire in his two buildings and for the owner,Jim
Thompson, who is the owner of both of those restaurants; the Yummy Pig and the Wild Geese Pub.
Both of those will be out of commission for quite a while.
It was a real shame to lose them, they were just starting to take off, but everybody is committed to
rebuilding and to make it even better than it was before. It'll be a little while, but when it comes back,
boy,it'll be great. I want to congratulate the Girl Scout troop.They put together on Ginkgo Terrace,they
got all the material together and painted it and took it to make a library. One of those libraries where
you take books back and forth. The Boys Scout Troops in that area came and helped them.We did a
virtual ribbon cutting and it was a great fun and the kids,they really enjoyed it.You would think with all
the virtual stuff they're doing,they would've hated it, but they had a good time and that was wonderful
to be able to recognize them.That is all I have. Mr. Dentler.
Kaj Dentler: Just one item.As you probably have seen in your press release through your emails that
the Flower and Garden Show this year will be modified and be held at Ida Lee Park in order to be able
to comply with the current executive orders under the COVID pandemic situation. What you're seeing
Page 371 January 26, 2021
now in all the events is,and it's hard to believe we're really approaching almost a year since we started
this new phase or life that we're in, but instead of events now being canceled, now they're being
modified. We would have thought, or I certainly would've thought this April we would be holding the
Flower and Garden in downtown as normal, but that's not going to happen.
Instead of canceling events,we're modifying.them so we can have a little bit of a progress back towards
reality and hopeful that in,what would that be?Spring of 22 we'll be back in downtown as normal type
of thing. It's a trend that you're going to start seeing of all of our events will be held but they're going to
be held in different ways until the red flag is lifted type of thing. Just wanted you to be aware of that
transition that we're going through at this point.That's all I have.
Mayor Burk:That's great.
Vice Mayor Martinez: Madam Mayor.
Mayor Burk:Yes, Mr. Martinez.
Vice Mayor Martinez: I'm afraid I didn't make myself clear on my request. I was hoping to have the
Town Manager contact or his staff contact the different boards, commission and start asking them to
start working on what they want to do in the next two years. I know I need forehead knots for that.
Mayor Burk: You want Town staff to reach out to each of the boards and commissions and ask them
to come up with their own goals?
Vice Mayor Martinez: Any improvements and anything that they think that would make their board or
commission improved and how we can enact that in the future.
Mayor Burk:Any changes or improvements to their meetings, is that what you mean?
Vice Mayor Martinez: To their meetings, their charter, their goals. An example, the diversity
commission we were talking and they want to make sure that their mission statement includes outreach,
not just to specific groups but to all groups like senior citizens,veterans,et cetera.They're going to be
offering some changes, so I thought that if we did that to all the boards, commissions so that we all
have a better idea of what our expectations should be of them.
Mayor Burk:Are there four people that want to have staff reach out to the boards and commission and
asked what their suggestions are for improvement and changes to their commissions and boards?
Council Member Bagdasarian: Can I make a comment to that?
Mayor Burk: Yes,sir.
Council Member Bagdasarian:Thank you,ma'am. I think we should absolutely do this,but I think that
the timing is somewhat sequential right now because I know that the Town Plan, the first draft will be
available within a week from what I understand. It ties into our retreat as well, having the Town Plan,
having the Council digest it,and then gathering as a group in the retreat format in reviewing the boards
and commissions from a high-level overall charter.Then having the boards and commissions craft their
plans as Council member Martinez is suggesting in alignment with the Town plan.
I think that a lot of the charter and the directors really should come from the Council as they're advisors
to the Council,but as far as how they plan on implementing those charters, I think that's something that
each of the commissions should be empowered to do, but as long as it's aligned with the overall Town
Plan. We're so close with that right now. I think that it's important to have somewhat of a sequence
when it comes to that, including our retreat,as well as Mr. Martinez's recommendation.
Vice Mayor Martinez: My recommendation was made because the retreat has been moved out and
we could do this all in preparation for it.
Page 381 January 26,2021
Mayor Burk: Okay, are there four heads that would like to have the staff reach out to the boards and
commissions and ask them what changes they would recommend to their procedures, charters, and
operation?Are there four? Mr. Cummings.Anybody else?Myself.All right,so we'll let that one pass by
for tonight.
Vice Mayor Martinez: Okay, thank you.
Mayor Burk: All right, we have a, which I hope is a short closed session, Mr. Town Manager, are you
going to participate in this?
Kaj Dentler: I was not planning, but unless you want me to stay. It's both the Town Attorney and Town
Manager report directly to you.
Mayor Burk:All right. No, as long as you explain.
Kaj Dentler: It's probably better for you to have conversation just with him than me included.
Mayor Burk: Okay,thank you.All right,then I move pursuant to 2.2-3711(A)(1)of the Code of Virginia
that Leesburg Town Council convened in a closed meeting for the purpose of a personnel discussion
relating to the six months performance evaluation of the Town Attorney. I moved it, is there a second?
Council Member Cummings: Second.
Mayor Burk: Seconded by Council Member Cummings.All in favor, indicate by saying aye.
Councilmembers: Aye.
Mayor Burk: Opposed?
Vice Mayor Martinez:Aye.
Mayor Burk: All right then, there was no opposed, so that's seven-zero.We're going to meet in here.
If that's okay with you,we're going to meet in here.
Eileen Boeing: Madam Mayor.
Mayor Burk:Yes?
Eileen Boeing:We do have two remote participants, so Ms. Kumar and Mr.Thomas,we need you to
log off the meeting at this time. This ends the remote public participation portion. You can watch the
meeting on Comcast 67 or Verizon 35 on your local cable channels.
Mayor Burk: I can't hear when you talk. For some reason,there are too much blocking here.
Christopher Spera: She was speaking to the online participants.
Mayor Burk: Okay.
Kaj Dentler: You got to shut down the system other than Marty and Neil.
Eileen Boeing:We have to come back into open session to read the open session motion but yes,we
are going to close down for now. The Web Ex will stay open Madam Mayor and everyone will need to
speak into the microphones in order for Mr.Steinberg and Mr. Martinez to be able to hear you.
[Closed Session from 9:30 p.m.—9:49 p.m.]
Mayor Burk: 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 that only public business matters lawfully exempted from the
open meeting requirements under the Virginia Freedom of Information Act and such public business
Page 391 January 26,2021
matters for the purpose identified in the motion under which the closed meeting was convened were
heard, discussed and considered in this meeting. Council Member Fox?
Council Member Fox: Aye.
Mayor Burk: Council Member Steinberg?
Council Member Steinberg:Well assuming we're ignoring baseball talk,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: And myself,aye. Do I have a motion to adjourn?
Council Member Cummings: So moved.
Mayor Burk: Second?
Council Member Nacy: Second.
Mayor Burk: Second by Kari Nacy.All in favor?
Members:Aye.
Mayor Burk: Opposed?We're done.
Page 401 January 26, 2021