HomeMy Public PortalAbout2021_tcmin0511COUNCIL MEETING May 11, 2021
Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly 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: Deputy Town Manager Keith Markel, Town Attorney Christopher Spera,
Chief of Police Greg Brown, Director of Plan Review Bill Ackman, Airport Director Scott
Coffman, Director of Utilities Amy Wyks, Director of Public Works and Capital Projects
Renee LaFollette, Stormwater and Environmental Manager Philip Jones, Preservation
Planner Lauren Murphy and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Rabbi Chaim Cohen.
3. SALUTE TO THE FLAG was led by Council Member Nacy.
4. ROLL CALL All Council Members present.
5. MINUTES
a. Council Retreat Minutes of April 24, 2021
MOTION2021-093
On a motion by Council Member Cummings, seconded by Council Member Steinberg,
the minutes of the Council Retreat of April 24, 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
b. Work Session Minutes of April 26, 2021
MOTION2021-094
On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the
minutes of the Work Session of April 26, 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
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COUNCIL MEETING May 11, 2021
NIS
c. Regular Session Minutes of April 27, 2021
MOTION2021-095
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
minutes of the Regular Session of April 27, 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
MOTION2021-096
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the meeting agenda
was moved for approval.
Mayor Burk requested item 13.a. — Liberty Street Art Mural Expansion be moved to
section 8 — Consent Agenda. Council Member Fox did not support the request.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg, Vice Mayor Martinez and Mayor
Burk
Nay: None
Vote: 7-0
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. National Military Appreciation Month
Mayor Burk read the proclamation for National Military Appreciation
Month.
b. Mental Health Awareness Month
Mayor Burk read the proclamation for Mental Health Awareness Month.
c. Kids to Parks Day
Mayor Burk read the proclamation for Kids to Parks Day.
d. National Public Works Week
Mayor Burk read the proclamation for National Public Works Week.
e. National Police Week
Mayor Burk read the proclamation for National Police Week.
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COUNCIL MEETING May 11, 2021
f. National Preservation Month
Mayor Burk read the proclamation for National Preservation Month.
9. PRESENTATIONS
a. Board of Architectural Review Annual Report
Board of Architectural Review Chair Terri Minchew noted the Board's
annual report was in Council's packet and that she and Preservation Planner Lauren
Murphy were available to answer any question. Council had no questions.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioner's Section was opened at 7:16 p.m.
Lily Wong, 1804 Yellow Garnett Terrace SE. Spoke to Council regarding
the Playful Pack Puppy Day Care Special Exception Public Hearing and expressed
concerns for the dogs' welfare and applicant's business operations.
The Petitioner's Section was closed at 7:19 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION2021-097
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the following
consent agenda was proposed:
a. License Agreement between the Town of Leesburg and SummitlG
RESOLUTION 2021-064
Authorizing the Town Manager to Execute a License Agreement between the
Town of Leesburg and SummitlGfor Telecommunications Facilities in the
Town's Right -of Way
b. Replacement of the Belt Filter Press at the Water Pollution Control Facility
RESOLUTION 2021-065
Approving a Task Order for the Replacement of the Belt Filter Press at the
Water Pollution Control Facility to FJ Industrial in the Amount of
$1,247,695
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COUNCIL MEETING
May 11, 2021
c. Battlefield Parkway and Route 15 Bypass Interchange Project —A ree ement
with Virginia Department of Transportation
RESOLUTION 2021-066
Authorizing the Town Manager to Execute a Project Services Administration
Agreement with the Virginia Department of Transportation (VDOT) to
Provide Coordination and Review Services for the Development and Approval
of an Interchange Access Report for the Battlefield Parkway/Route 15 Bypass
Interchange Project
d. Police Station Expansion Project —Design Change Order
RESOLUTION 2021-067
Authorizing Change Order No. 5 to the Design Contract for the Police Station
Expansion Project in the Amount of $139,970
e. Contract Award for Fiscal Year 2022 Replacement Vehicles
RESOLUTION 2021-068
Contract Awards for Fiscal Year 2022 Replacement Vehicles to Sheehy Ford
of Richmond in the Amount of$275, 065.40, to 72 Hour LLC dba National
Auto Group in the Amount of $459,473.39, and to 72 Hour LLC dba
National Auto Group in the Amount of $426,433.29
f. Appointing Jason Miller to the Economic Development Commission
RESOLUTION 2021-069
Appointing Jason Miller to the Economic Development Commission
The Consent Agenda was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg, and
Mayor Burk
Nay: None
Vote: 7-0
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Liberty Street Art Mural Expansion
MOTION2021-098
On a motion by Council Member Bagdasarian, seconded by Mayor Burk, the
following was proposed:
RESOLUTION 2021-070
Liberty Street Art Mural Expansion
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COUNCIL MEETING May 11, 2021
Commission on Public Art (COPA) Chair Donna Torraca briefly
explained the request to Council to extend the previously -approved art mural
on Liberty Street. Council and Ms. Torraca discussed the public art approval
process.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor
Burk
Nay: None
Vote: 6-0-1 (Abstain)
b. Harrison Street Mural
MOTION2021-099
On a motion by Vice Mayor Martinez, seconded by Council Member
Bagdasarian, the following was proposed:
RESOLUTION2021-071
Approval of Harrison Street Mural
Commission on Public Art (COPA) Chair Donna Torraca provided a
brief overview of the proposed mural. Council and Ms. Torraca discussed
the mural and the approval process for public art. The artist Mr. James
Garofalo was in attendance to answer questions from Council.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Fox, Nacy
Vote: 5-2
14. PUBLIC HEARINGS
a. TLSE-2020-0003, Village at Leesburg (for the Playful Pack Doggy Day Care)
The Public Hearing was opened at 7:25 p.m.
Mr. Scott Parker presented Council with the request for a Special Exception
at the Village at Leesburg on behalf of the Playful Pack Doggy Day Care. Mr.
Parker and Council discussed the request, the Planning Commission's denial of the
application, changes that have been made to the application since the Planning
Commission's Public Hearing and how the day care would be operated.
Mr. Shane Murphy with Reed Smith presented Council with additional
information regarding the site as well as business and operating conditions. Council
asked Mr. Murphy questions that were responded to by Mr. Murphy, Mr. Robert
Lucas with Rappaport and Mr. Tyler Parker who is one of the operators of the
business.
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COUNCIL MEETING May 11, 2021
Public Speakers:
Artie Simcox. Spoke to Council as a business owner in the Village at
Leesburg and stated he personally and professionally supports the special exception
application. Mr. Simcox noted he spoke with a few other business owners at the
Village at Leesburg who also support the application.
Lily Wong, 1804 Yellow Garnett Terrace SE. Spoke to Council regarding
the Playful Pack Puppy Day Care operations and expressed concerns for the dogs'
welfare and access to overnight emergency care when staff is not present.
The public hearing was closed at 8:25 p.m.
MOTION2021-100
On a motion by Council Member Steinberg, seconded by Council Member Cummings,
the following was proposed:
RESOLUTION 2021-072
Approving Special Exception TLSE-2020-0003, Village at Leesburg (Playful Pack
Doggy Day Care) to Allow a 5,370 Square Foot Doggy Day Care Facility
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg, and Mayor Burk
Nay: Fox, Nacy
Vote: 5-2
b. Public Hearing — Sycolin Cemetery Land Transfer to Loudoun Freedom
Center
The Public Hearing was opened at 8:38 p.m.
Mr. Keith Markel provided an overview of the Sycolin Cemetery property,
the actions taken to convey the land to the Loudoun Freedom Center, the terms of
the draft Memorandum of Agreement, access to the site and Loudoun Freedom
Center's concerns with site drainage. Council and staff discussed the drainage
issues on the site.
Public Speakers:
Michelle Thomas, President of the NAACP and Founder of the Loudoun
Freedom Center. Spoke to Council about the cemetery's drainage issues and stated
they were caused by the Town's lack of care for the property and later actions taken
by the Town to remedy the flooding issues at the burial sites. She asked Council to
reconsider approving the Memorandum of Understanding with an amendment to
install a drainage system to remediate flooding at the burial sites.
The public hearing was closed at 9:03 p.m.
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COUNCIL MEETING May 11, 2021
MOTION
On a motion by Council Member Steinberg, seconded by Council Member Fox, the
following was proposed:
ORDINANCE
Approving and Authorizing the Donation of 1.6314 Acres of Real Property Owned by
the Town of Leesburg Containing the Sycolin Cemetery Located at the Leesburg
Executive Airport to the Loudoun Freedom Center
Council Member Cummings requested a friendly amendment to the motion
to provide a not to exceed amount of $150,000 to the Loudoun Freedom Center to
address the drainage issues not including the $100,000 the Town has already spent
preparing the land transfer and Memorandum of Understanding. The amendment
was not accepted by Council Member Steinberg.
MOTION
On a motion by Council Member Cummings, seconded by Vice Mayor Martinez, the
following was proposed:
To provide a not to exceed amount of $150, 000 to the Loudoun Freedom Center as
part of the Sycolin Cemetery Land transfer to mitigate drainage issues
Council and staff discussed the proposed motion.
The motion failed by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez
Nay: Bagdasarian, Nacy, Steinberg and Mayor Burk
Vote: 3-4
Council Member Bagdasarian requested a friendly amendment to the
original motion to include restoring the northern trail to its original state as it is
problematic to the drainage situation. The amendment was accepted by Council
Members Steinberg and Fox.
MOTION2021-101
On a motion by Council Member Steinberg, seconded by Council Member Fox, the
following was proposed:
ORDINANCE 2021-0-011
Approving and Authorizing the Donation of 1.6314 Acres of Real Property Owned by
the Town of Leesburg Containing the Sycolin Cemetery Located at the Leesburg
Executive Airport to the Loudoun Freedom Center and to restore the northern trail to
its original state as it is problematic to the drainage situation
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COUNCIL MEETING May 11, 2021
The original amended motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg, 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
Vice Mayor Martinez disclosed that he had a phone call with Pastor Michelle
Thomas regarding the Sycolin Cemetery Land Transfer.
Council Member Steinberg disclosed he met with Mr. Don Wooden with Meladon
Company.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed she met with Mr. Don Wooden with Meladon
Company. Mayor Burk welcomed Heydari Design to their new location at the
Outlet Mall. Mayor Burk congratulated the Academies of Loudoun's for their
flower sale. Mayor Burk said she was joined by Council Member Cummings at the
ribbon cutting for Crumb'. Mayor Burk said she and Supervisor Umstattd
recognized two businesses for Small Business Week —the Wedding Loft and Ion
Training Center. Mayor Burk welcomed the OM Center on Market Street that is a
new chiropractic and health center. Mayor Burk said she met with Ms. Pam
Schoppert and another individual regarding the Lawson Road project and to discuss
what the Federal funding would mean to the project. Mayor Burk noted she and
Council Member Fox attended the ribbon cutting for Heavenly Ham. Mayor Burk
noted that Council Member Steinberg participated in a baseball field dedication
named in honor of Leesburg's first Major League Baseball player Mr. Toby Atwell.
19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. None.
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COUNCIL MEETING
May 11, 2021
21. ADJOURNMENT
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting
was adjourned at 9:14p.m.
Kelly Murk, o
Town of Leesburg
ATTEST:
Clerk of Council
2021 tcmin0511
9IPage
May 11, 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 Burk: The May 11th, 2021 Leesburg Town Council meeting. Anyone in the room needs
hearing assistance, please let the Clerk know. Council Member Cummings has asked Rabbi Cohen to
do the invocation tonight and Council Member Nacy will lead the Pledge of Allegiance. Rabbi?
Chaim Cohen: Thank you, Council Member Zack Cummings for this incredible invitation and for this
great honor. Almighty God and God of our ancestors, great mighty and revered. God, we turn to you
in painful times as rockets rain down upon the citizens of Israel. We know your eye is on the land of
Israel from the first day of the year until the last day of the year. We ask that you protect the people of
Israel, shield them from beneath the wings of your kindness, and spread over them the canopy of
peace.
We know that evil cannot reign. As the motto of our great Commonwealth reminds us that all tyranny
and hate will fall. We know that each of us have a responsibility to stand up against hate. As the
[inaudible] taught, "Even in a place of great darkness, yet a small flame can cast a great light." I
invoke your blessing today on this body, the Council of the Town of Leesburg.
We beseech you, 0 merciful and gracious God, guide our Mayor and all the honorable
representatives of the citizens throughout the Town and country. Grant them the strength and wisdom
to make just laws as you have commanded as one of your seven Noachide laws for all humankind.
Bless their efforts wherever they turn in the cause of humanity and on behalf of the Town and for the
benefit of your people, and cause all war and calamity to be ended in an era of peace and justice with
its blessing to begin for now and for eternity.
I conclude by invoking the following passes recite each Shabbat in services in honor of communal
leaders. For all those who occupied themselves faithfully with communal affairs, may the Holy One
blessed be, He give them their reward, remove from them all sickness, heal their entire body, pardon
their sins and send blessings and success to all their endeavors. Let us all say amen.
All: Amen.
Mayor Burk: Thank you very much for being here tonight. Council Member Nacy.
Council Member Nacy: I pledge of Allegiance.
All: 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: All right. Let the record reflect that everybody is here tonight and there is no need for a
electronic participation. 1 have Council Retreat minutes of April 24th, 2021. Do I have a motion to
accept them?
Council Member Cummings: So moved.
Mayor Burk: So moved by Council Member Cummings. Second?
Council Member Steinberg: Second.
Mayor Burk: Council Member Steinberg. All in favor indicate by saying, "Aye"
Council Members: Aye.
Page 11 May 11, 2021
Mayor Burk: Opposed? 7-0. The work session minutes of April 26, 2021. Vice Mayor Martinez
moves. Second?
Council Member Nacy: Second.
Mayor Burk: By Council Member Nacy. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? That passes 7-0. Regular session minutes of April 27th.
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Second?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. All in favor?
Council Members: Aye.
Mayor Burk: Opposed? That passes 7-0. I need a motion to adopt the meeting agenda.
Council Member Martinez: So moved.
Mayor Burk: So moved by Council Member Martinez. Seconded by Council Member Fox. I would like
to ask we could move 13A to the consent agenda. Does anybody have any problems if we were to
move to Liberty Street Art Mural Expansion to --
Council Member Fox: [unintelligible]
Mayor Burk: You do? All right. We will leave it off. We have a motion to accept the adopted, the
meeting agenda as is. All in favor indicate by saying, "Aye."
Council Members: Aye.
Mayor Burk: Opposed? That's 7-0. We have a number of presentations tonight. I will read them into
the record. There's nobody to receive them tonight. They will be mailed to the individuals or given to
the individuals representing the proclamation.
The first proclamation is National Military Appreciation Month which is May 21st. "Whereas the
freedom and the security the citizens of the United States enjoy today are a direct result of the
bloodshed and continued vigilance given by the United States armed forces over the history of our
great nation. Whereas due to the sacrifices that such members of the United States armed forces and
the family members that support them, our military has preserved the liberties that have enriched this
nation making it unique in the world community.
Whereas the United States Congress, in 2004, passed a resolution for claiming May as National
Military Appreciation Month calling all Americans to remember those who gave their lives in defense
of freedom and to honor the men and the women of all our armed forces who have served and are
now serving our country together with their families. Whereas the Town of Leesburg military veterans
and current enlisted military personnel have served our residents in this County with loyalty and
patriotism. Therefore, be it proclaimed that the Mayor and the Council of the Town of Leesburg in
Virginia recognize May 21s1 as National Military Appreciation Month and encourage all residents to
acknowledge and honor the service, sacrifices and contributions of the United States armed forces."
The second one is a proclamation for Mental Health Awareness Month, May 2021. "Whereas there is
a proven connection between good mental health and overall personal health. Whereas mental illness
Page 21May 11, 2021
affects almost every family in America. Whereas people with mental illness recover if given the
necessary services and support in their communities.
Whereas millions of adults and children are disabled by mental illness every year. Whereas stigma
and fear of discrimination keep many who would benefit from mental health services from seeking
help. Whereas greater public awareness about mental illness can change negative attitudes and
behaviors towards people with mental illness. Therefore, be it proclaimed that the Mayor and the
Council of the Town of Leesburg in Virginia recognize May 21st as Mental Health Awareness Month.
We call upon all residents, businesses, and schools to recommit our community to an increased
awareness and understanding of mental illness, reducing the stigma and discrimination, and
promoting appropriate and accessible services for all people with mental illness. Proclaimed this 11th
day of May 2021."
The next proclamation is for Kids to Park Day. "Whereas Kids to Park Day is a national day of outdoor
play celebrated annually, the third Saturday in May. Whereas 2021 marks the 11th anniversary of the
Kids to Park day, an annual day of outdoor exploration at state, local and national parks and public
lands across the country. Whereas organized by the National Park Trust, the mission of the Kids to
Park Day is to foster future outdoor enthusiasts and help with developing the next generation of park
stewardship, outdoor recreation stem in the history of our country and its amazing national treasures.
Whereas the Kids to Park Day encourages kids and families to get outside and create their own
adventure. Whereas Kids to Park Day is open to all children and adults across the country to
encourage a large and diverse group of participants. Therefore, be it proclaimed the Mayor and the
Council of the Town of Leesburg in Virginia recognize Saturday, May 15th, 2021 as Kids to Park Day,
encourage all of our residents to celebrate by taking children in their lives to one of our Town parks
and to our county, state and national parks." Proclaimed the 11th day of May 2020.
We have National Public Works Week and we're at, this is May 16th to the 220. "Whereas Public
Works service provided in our community is an integral part of our citizens' everyday lives and is
designed to protect and enhance our human environment. Whereas the support of an informed and
understanding citizenry is vital to the efficient operations of public works systems and programs.
Whereas the 2021 theme for the National Public Works Week is 'Stronger together' which gives a
voice to the impact of the many facets public work have on our modern civilization.
Whereas the Town of Leesburg Public Works Department performs essential services such as
maintenance of equipment, reviewing of construction drawings, transportation infrastructure,
stormwater management, public buildings, brush and leaf collection, refuge and recycling collection,
street maintenance, and snow removal. Whereas these critical facilities and services cannot be
provided without the dedicated effort of public work professionals, engineers, managers, and
employees.
Therefore, be it proclaimed that the Mayor and the Council of the Town of Leesburg, Virginia hereby
recognize May 16th through the 22o", 2021 as National Public Work Week, and recognize the
importance of public work employees while paying tribute to them for their substantial contributions to
the quality of life in all hours of the day and all types of weather. Proclaimed this 11th day of May."
We have National Police Week. "Whereas, in 1962, President Kennedy proclaimed May 15th as
National Peace Officers Memorial Day and the calendar in which the May 151h falls as National Police
Week. Whereas the members of law enforcement agencies of the Town of Leesburg work tirelessly to
protect and serve our residents, enforce our laws and keep our neighborhoods, schools and families
safe. Whereas it is important to all citizens to know and understand the duties and responsibility of
their police departments and that members of our departments recognize their duty to serve the
people by safeguarding life and property, protecting them against violence and disorder, and
protecting the innocent against deception and the weak against oppression and intimidation.
Whereas we reflect upon the selfless dedication and bravery of our local, state, and other public
sector police and our safety and well-being is promoted by their devotion to maintaining peace and
security in our communities. Therefore, be it proclaimed that the Mayor and the Council of the Town
of Leesburg in Virginia recognize May 9th to the 16th 2021 as National Peace Week and further extend
Page 31 May 11, 2021
our appreciation to Police Chief Greg Brown and all law enforcement for the vital services they
perform and their exemplary dedication to the community they serve."
Then we have National Preservation Month, "Whereas the Town of Leesburg is rich and historically
significant in diverse architectural and archaeological resources and cultural traditions. Whereas the
Town of Leesburg, recognizing the importance of the protection and preservation of historic and
cultural resources, was the first jurisdiction in Loudoun County to protect such resources by
establishing the old and historic district in 1963.
Whereas the historic preservation is an effective tool for managing growth and sustaining
development, revitalizing neighborhoods, fostering local pride, and maintaining community character
while enhancing livability and celebrating the role of history in our lives. Whereas historic preservation
is an inherently economically, environmentally and socially sustainable, fostering a culture of reuse
and maximizing the life cycle of all resources through conservation. Whereas historic preservation is
relevant for our communities across the nation, both urban and rural, and for Americans of all ages,
all walks of life, and all ethnic backgrounds.
Whereas a Leesburg community has a profound understanding, appreciation, and sense of pride for
the historic and cultural resources of this Town. Therefore, be it proclaimed that the Mayor and the
Council of the Town of Leesburg in Virginia hereby recognized May 2151 as National Preservation
Month and call upon the people of Leesburg to join their fellow citizens across the United States in
recognizing in participating in a special observance. Proclaimed the 11th day of May 2021."
Because of the COVID restrictions, we do not have people here to accept them. As I said, we will get
them to the people that they represent. Thank you very much and that does all of our presentations.
All right. That takes us then to the Board of Architectural Review has a presentation. Ms. Minchew.
Terri Minchew: Good evening, everyone. We actually decided to spare you the presentation. I think
you have a copy of the actual annual report from last year in front of you. I'll touch on a few highlights,
Lauren's here if you have any questions. Mostly, I want to say that we were proud that we were able
to meet throughout the pandemic. We managed to make it work. We had a very dedicated team.
Our numbers were hardly any different from the year before which was pretty amazing as far as our
cases, a number of big applications that actually managed to get approved despite the pandemic
including King Street Station, a lot of time spent on the Gateway District Design Guidelines. Mostly, I
just wanted to give you guys an opportunity to ask questions.
Mayor Burk: Okay. Ordinarily, we don't ask questions at this point but you do have nine more
minutes. If there are anybody that has questions.
Terri Minchew: Well, if anything comes up we are more than willing to meet with any of you and
address any concerns you might have or initiatives you'd like to see.
Mayor Burk: All right. Thank you very much. Thank you for all your hard work. You've been doing it
for a lot of years, so thank you. All right. Any regional reports at this point? Okay. That takes us to our
petitioner section.
One of the first orders of business is to hear from the public. All members of the public are welcome to
address the Council on any item, matter, or issue. Please identify yourself and if comfortable doing so
give your address for the taped record. Any public speaker will be requested to state their names and
spell it for the purpose of closed captioning.
In the interest of fairness, we also ask that you observe the five-minute time limit. For those
participating in person or on Webex, the green light on the timer will turn yellow at the end of four
minutes indicating you have one minute remaining. At that time, we would appreciate you summing
up and yielding the floor when the bell indicates your time has expired. For those participating on the
phone, you will hear a bell when your time is up. Under the rules of order adopted by this Council,
five-minute time limit applies to all.
Page 4I May 11, 2021
Council is now able to hear from members of the public remotely. Once we have heard from everyone
that's present in the room, we will hear from the public on the phone. I have nobody who has signed
up for the petitioner section. Do we have anybody that is on Webex at this point?
Eileen Boeing: Madam Mayor, we have two callers on Webex. Callers, I'm going to unmute you one
by one to allow you to speak. When I unmute you, you will hear a tone and that will be your signal to
make your comments. You will each have five minutes. I'm going to start with Lily Wong. Ms. Wong,
as you hear the tone, please make your comments, state your full name and address if you're
comfortable, I'm unmuting you now.
Lily Wong: Thank you. My name is Lily Wong, address is 1804 Yellow Garnett Terrace Southeast
here in Leesburg. I have several questions in regards to the Playful Dog Pack business that wants to
open in the Village. I did listen to the notes in regards to the Planning Commission who voted it down.
My concerns are for the welfare of the dogs. There's no overnight staff that will be at the facility. The
business owner was not able to provide the distance to the emergency vet. I also have concerns
about if they're planning to do any path walks with the dogs, and if so, how many?
Also, the noise adjacent to the Wegmans' loading dock. There was concern about the dogs creating
the noise. I'm just as concerned about the dogs being affected by the noise of the loading dock. I
believe that such a business should be in a more rural location within Leesburg. I have been a shelter
volunteer for almost a decade so very much aware of welfare for the animals. Thank you.
Mayor Burk: Thank you. There will be a public hearing on that later. Maybe some of those questions
will be answered at that time for you.
Eileen Boeing: Madam Mayor, the next caller is Steve Raglan. Mr. Ragland, I'm going to unmute you
now. Please state your name for the record and your address if you're comfortable. I'm unmuting you
now.
[silence]
Mr. Raglan, do you have any comments you'd like to make?
Mayor Burk: Nope. Okay. I guess Mr. Ragland changed his mind. Okay. Is there anybody else in the
audience at this point that would like to speak during the petitioner section? If not, then I will close the
petitioner section and we will move on to approval of the consent agenda.
Vice Mayor Martinez: So moved.
Mayor Burk: Oh, okay. Thank you, Mr. Martinez. Vice Mayor Martinez made the motion. Seconded
by?
Council Member Steinberg: Second.
Mayor Burk: Seconded by Council Member Steinberg. I will read them all and then I will ask for the
vote. Approval of the consent agenda which is a license agreement between the Town of Leesburg
and SummitlG, and then a Replacement of the Belt Filter Press at the Water Pollution Facility,
Battlefield Parkway and Route 15 Bypass Interchange Project in Agreement with the Virginia
Department of Transportation. That's to provide Coordination and Review Services for the
Development and Approval of the Interchange Access Report for Battlefield Parkway and Route 15
Bypass Interchange Project.
The Police Station Expansion Project is a Design Change Order. E is a Contract Award far the Fiscal
Year 2022 Replacement Vehicle. The next one is appointing Jason Miller to the Economic
Development Commission. Do we have a motion? Does anybody want any of those removed? All
right, then all in favor indicate by saying, "Aye."
Council Members: Aye.
Page 51May 11, 2021
Mayor Burk: Opposed? 7-0. All right. That takes us to our resolutions and ordinance. The first one
we have is the Liberty Street Art Mural Expansion. Who is speaking to that one? Anyone? Donna?
Donna Torraca: Good evening everyone. I didn't realize I was speaking so hi. The Liberty Street
Mural is just a continuation of the mural that's already up and almost complete at this point. On one
side it says, 'Flourish', the new side would say, 'Grow'. We're just here to seek your approval for that.
Mayor Burk: It is a neat project. Ms. Fox, you didn't want to [unintelligible].
Council Member Fox: No, I thought you said Harrison Street. I apologize for that. That's not the one
that I was thinking about. I'm sorry about that. The only thing I say, and I'll talk about it with Harrison
Street a little bit more, is sometimes, murals are great additions. I like looking at them, but I just think
we hold some of our historic residents to different standards than we hold ourselves to sometimes
when we talk about art, and sometimes they're ridiculously stringent. I'm one to try and keep that
balance and keep some consistency where we're asking one thing but doing another. With this one,
since it's already started, I'll probably just go ahead and abstain from it.
Mayor Burk: All right. Anyone else have any comments at this point? Okay. Do I have a motion to
accept the Liberty Street art mural expansion?
Council Member Bagdasarian: So moved.
Mayor Burk: Mr. Bagdasarian. Mr. Bagdasarian seconded by, I'll second. All in favor indicate by
saying, "Aye."
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Fox: Abstain.
Mayor Burk: Okay. That's 6-0-1. The Harrison Street Mural. That one, looking for it. Can you explain
that one to us briefly?
Donna Torraca: Sure. The Harrison Street Mural actually has come to you before, it was approved
by you originally for an artist that was going to do more of a floral effect on it. After working with the
artist, we were unable to come to an agreement with the Town and the artist for the project. We put it
back out for a call and I believe we had five different entries that came in. As we always do, we have
an art panel, art advisory panel that reviewed these and came back to us with a recommendation and
then back to COPA. This is what we've chosen to bring to you for approval this evening.
Mayor Burk: Can you tell me which one is that you decided on? I see three but I couldn't figure out
which one you chose.
Donna Torraca: These are all the same. It's just different sections of the wall.
Mayor Burk: Oh, I see.
Donna Torraca: James, is that correct? James Garofalo is the artist.
Mayor Burk: Oh, okay. This is just different parts of it.
James Garofalo: Yes, it's a very long wall.
Mayor Burk: Yes, it is a long wall. All right. Very interesting. Do I have a motion to approve the
Harrison Street project?
Vice Mayor Martinez: So moved.
Page 61 May 11, 2021
Mayor Burk: So moved by Vice Mayor Martinez. Seconded by Council Member Bagdasarian. All in
favor, indicate by-- or anybody have any questions? All in favor, indicate by saying, "Aye."
Council Members: Aye.
Mayor Burk: Opposed?
Council Member Fox: Nay.
Council Member Nacy: Nay.
Mayor Burk: Okay, so that is 5-2. All right. Thank you. All right. We have a public hearing. In our first
public hearing, I will call to order this May 11th public hearing and Leesburg Town Council. Unless
there is an objection, I will dispense with reading the advertisement. If you wish to speak, we ask that
you either sign up in the sheet in the hallway outside the Council Chamber, but if you did not get the
opportunity to sign up, we will give you the opportunity to speak.
We will also provide remote public participation for callers on the phone or Webex. In all cases,
please identify yourself and if comfortable, giving your address for the taped record, and please spell
your name. In the interest of fairness, we also ask that you observed the five-minute time limit. For
those participating in person and on Webex, the green light in front of you will turn yellow at the end of
four minutes indicating that you have one minute remaining. At that time, we would appreciate your
summing up and yielding the floor when the bell indicates your time has expired. For those
participating on the phone, you will hear a bell when your time has expired.
Under the rules adopted by this Council, the five-minute time limit applies to all. However, rather than
have numerous citizens present remarks on behalf of the Council, the Council will allow a
spokesperson for the group a few extra minutes. In that instance, we would ask the speaker, when
they sign up, to indicate their status as spokesperson, the group they represent, and their request for
additional time.
Our procedure for the public hearing is as follows. First, there is a brief presentation by staff on the
item before us. Second, there will be a brief presentation by the applicant. Third, the member of the
public that has signed up to speak will be called and given five minutes to make their comment. The
public hearing item on the agenda tonight is for TLSE-2020-0003, Village of Leesburg for a Playful
Pack Doggy Daycare. Hello.
Scott Parker: Good evening. Madam Mayor, Members of Council, my name is Scott Parker, Town
staff, Planning Department. So tonight, we're going to the dogs. My shady comments. [crosstalk]
Mayor Burk: You tried that day.
Scott Parker: You know what, I slid that in with Brian Boucher. He's going to help me on that one. As
mentioned, tonight is a special exception, 2020-0003, is at the Village at Leesburg, this is the Playful
Pack Doggy Daycare Center. The subject property is located here in the Village at Leesburg. It is on,
Dodona and Village Market Way right behind the Wegmans. This is a closer shot of where the
location is and the Wegmans loading dock is to the rear of this location. Some apartments associated
with the village of Leesburg is across Dodona Terrace right there.
This is the front of this, and I didn't notice this until today but that's the parking. I took a picture of
there, right there. Some people missed. I just actually noticed that today but that's not the subject of
the request this evening. This is a vacant storefront at the Village at Leesburg. It's approximately,
excuse me, it's approximately 5,320 square feet with inside and outside they're requesting. This is a
front view from Dodona Terrace looking back towards Route 7 which is approximate to this location.
There is a split zone for the Village of Leesburg. It is zoned PRC and B-4. This is in the B-4 section of
this where Doggy Day Care Center is allowed by special exception. It's mixed -use business district,
the area is in B-4 and the Town Council adopted Ordinance 2020-0-013 on August 11, 2020, that
amended Articles 6, 9, and 18 to establish the use standards and definitions for an overnight doggy
daycare, and to amend the use standards and definition for a cattery.
Page 7] May 11, 2021
We have no catteries for this evening. It's all about the dogs, but this particular location what of the
subject of that particular Zoning Ordinance amendment that the Council passed back in August.
Basically, this application is 4,050 square feet indoors, and it's 1,320 square feet outdoors. We'II get
to that in a moment. The original request that the applicant had was for an aspirational maximum of
100 dogs in the Doggy Day Care with 30% slated for ancillary overnight boarding as customers of the
Doggy Day Care, not for the general public.
There are three designated spaces and a curbside drop-off. The original request has been amended
after the Planning Commission's recommendation for denial. I'll get to that in a moment. These
amended post Planning Commission requests now is for 80 dogs which is reflected in your resolution
of approval. With 30% is now 24 for overnight boarding. There is an exception that's shown on the
resolution. The applicant has asked that for their busiest times, which are designated Federal
holidays, 100 max, 30 overnight which was the subject of the original request.
They have reduced the number of dogs they are requesting to be outside from 25 to 15 permanently
and that includes federal holidays and including Veteran's Day. There is one use standard
modification request with this application. Doggy Day Care is required to be fully in an enclosed
facility. You're asking for a modification for part of that particular use standard in order to allow an
outdoor area of 1,320 square feet behind the facility adjacent to the loading dock to be used for the
dogs to go outside for exercise playtime. The applicant will explain that in more detail with their
presentation.
That gets to one of the petitioner's questions that I heard when I was listening in there about walking
dogs. Dogs will not be walked in the Village of Leesburg. They will have their own defined space in
the back that the applicant will explain a little bit later. I'll show it to you here in a second. There were
some submission waivers, a traffic impact analysis, grading plan, building elevations, lighting plan,
that's because the Village of Leesburg is established which is why the waivers were granted.
This is the timeline of the application that we have. The Planning Commission heard this on April 15tH
2021. They recommended denial of the application 5-1-1. As indicated in your staff report, the three
points that they use to deny the application or recommend denial of it was that the maximum number
of dogs at any given time was excessive. That's what prompted the applicant to reduce the maximum
amount of dogs to 80 as a result of that.
They also contented the use was not appropriate for the proposed location and another issue that the
lady for the petitioners had stated was lack of information on how quickly an animal would receive
medical attention when being boarded overnight. The dogs that are boarded overnight are part of the
canine daycare that's not for the public. They're monitored 24/7 with cameras and somebody that
watches the cameras overnight. The applicant will address that aspect of it too when they come up
and say how they address that based on this information. Now, as I've stated before, the request has
been amended, and that there'll only be 15 dogs outside at any one given time.
The plan land use works for this. This is the location again. This is in the southeast planning area. It's
also in the eastern gateway district, which calls for mixed -use neighborhood. This application does
apply with the Town plan. These are the use standards I was referring to. I will not do a dramatic
reading of these use standards out there. I have them for reference should you want to go over them
again. They comply with all of the use standard save for the modification that I referred to as far as
the allowing the dogs to be outside.
You'll notice with that modification request, there is another part to that use section that is being
addressed within the conditions of approval about the 65 dBA at the property line of 20 feet within the
premise. This applies to the daycare use only. An overnight boarding will not have the dogs be
allowed to go outside. This is the justification for said modification of use standard. The limited use,
it's fully enclosed, there's no adverse impact, small groups, etc. Again, the applicant has reduced the
proposed number of dogs outside at any time from 25 to 15 and staff does recommend approval of
this modification.
This is a graphic image of the outside area that's being referred to for the dogs. I personally as staff,
given the amount of ambient noise over there, don't have any concern with the loading dock from
Wegmans would be affective of the dogs as was alluded to. I will let the applicant in their professional
Page 81 May 11, 2021
opinion address that. Based on what I've heard from ambient noise in the background, staff doesn't
believe that's going to be an issue with dog noise at this location.
As you can see, there's a retaining wall, there's a fence and it's in an isolated location. They propose
to put fences up at either end and put synthetic turf grass down to be cleaned immediately if an
animal goes. Again, the professionalism of the applicant will speak to that further. There is a condition
of approval in your packet that states that upon cessation of the area should cease, the area will be
put back to grass.
One of the considerations the Planning Commission was this synthetic grass was part of the open
space of the Village at Leesburg. This is not part of the formal open space. This is back of house type
of area. The Village at Leesburg, even with the use of this fully exceeds their open space
requirements due to a variety of various areas there including a large open area near the village walk
land -based city.
This is a floor plan that the applicant included with this particular packet, that this is in your packet of
information as well that shows the interior layout and design. I'm sure they'll go over that in detail in a
moment. With the criteria for special exception, this application meets all of the criteria for a special
exception from a staff perspective of reviewing of the staff. There are no outstanding issues. Staff
continues to recommend approval for this application. These are the conditions of approval and you
have those in your packet. These are the findings. With that, that is going to conclude my
presentation. I will be happy to assist you with any questions that you may have.
Mayor Burk: Thank you. Does anybody have anybody have any questions for Mr. Parker? Ms. Fox?
Council Member Fox: Yes, just a couple. Thank you, Mr. Parker. What is the maximum length of
time that the applicant has said that one dog could stay? If I wanted to take my dog there, how long
can I keep the dog there?
Scott Parker: On a particular day?
Council Member Fox: For a particular stay?
Scott Parker: They have hours that they are open. In the conditions of approval, it has the hours that
the facility is allowed to be opened up, it'll be 6:30 AM to 7:30 PM.
Council Member Fox: What about the ones that are staying overnight?
Scott Parker: The ones overnight? I actually do not know how long or how many nights a dog can
stay. I will let the applicant address that. I'm sorry I didn't understand that.
Council Member Fox: Yes. That's what I was after. What's the closest residence to the open area
and to this particular storefront?
Scott Parker: The closest residential to this is-- I will get to that. If you look to the left, I don't think this
pointer will work for everyone, if at all. I will use the pen. I will use the pen. These are rental
apartments right here from the Village of Leesburg. The applicant has done a noise study request for
that and they can address that a little further when they come up as well. These are the closest
residences to the applicant.
Council Member Fox: Okay. Thank you.
Mayor Burk: Mr. Martinez? Oh, are you finished Ms. Fox?
Council Member Fox: Yes.
Mayor Burk: Okay. Mr. Martinez?
Vice Mayor Martinez: Did you say the Planning Commission did not recommend approval?
Page 91May 11, 2021
Scott Parker: They recommended denial on a vote of 5-1-1.
Vice Mayor Martinez: Okay. Now, we're bringing it forward and you said they've made some
changes. How many of those changes have addressed the Planning Commission's concerns?
Scott Parker: I'm sorry, sir, how many of the changes were directly related to the Planning
Commission denial? One moment, please. The proposed location has not changed, so it doesn't
address that. They felt like the maximum number of dogs allowed in the facility was excessive, so the
applicant has addressed that by lowering that by 20% other than federal holidays which they still
request the same numbers. They also have information to provide on how quickly a sick dog that is
being boarded will be taken care of. Two out of three, sir.
Vice Mayor Martinez: Why were they so concerned about the use not appropriate? Is that what the
special exception is addressing?
Scott Parker: I don't wish to put words into their mouth, but they felt like that the Village of Leesburg
and the mixed -use component thereof was not inappropriate location for this type of a use generally.
That was part of the motion. That was part of the Planning Commission's motion.
Vice Mayor Martinez: In the last one, last concern?
Scott Parker: The last one, the applicant has further information for that that they'll give during their
presentation. It has to do with monitoring of the cameras and that's on -call, etc.
Vice Mayor Martinez: My biggest concern is the fact the Planning Commission denied
recommendation by 5-1-1. Thank you.
Scott Parker: Yes, sir.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Thanks, Scott. There were a couple of references to waste disposal in
the staff report. One talked about dumpster and another point was mentioned that Village of Leesburg
would be responsible at least two times a day. How is the waste disposal handled and where does it
wind up?
Scott Parker: There's a pet waste disposal station out in the front that the Village of Leesburg is
going to manage on a regular basis. Then the applicant themselves have standards for when an
animal, for lack of a better term, goes. It's immediately disinfected. From the way I understand it, the
feces itself, I'll use that word, the feces itself is treated as well and then that is disposed of in a
dumpster location that's used by the applicant. They probably have more detailed specifics about that,
but the waste is handled immediately.
Now, with far as the urine out back goes and in the front, there's a particular synthetic turf grass that
they have out back that has a filtering effect to it. At no time does any of the urine inside or outside
end up in the-- The urine inside ends up in the sanitary sewer system, it does not end up in the storm
drain system.
Council Member Steinberg: It's interesting. In the exterior area, I saw the drawing for the various
layers. You're saying that all winds up in the sanitary sewer system?
Scott Parker: That is dissipated where it is but there's no sheet runoff to a storm system.
Council Member Steinberg: I want to be sure you're understanding. That area basically, it filters
through these various layers into the ground.
Scott Parker: That is correct.
Page 10) May 11, 2021
Council Member Steinberg: I assume that the same thing would be true for the disinfectant that they
use.
Scott Parker: I will be honest. I don't know if they use disinfectant outside. There's this thing called
Kemsol that they use on the inside. I'll have to let them address that.
Council Member Steinberg: Well, 1'll wait for the applicant. Thanks.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Thank you, Mr. Parker. I have a few questions about the business
model which I could address with the applicant. Just from your perspective, has there been any
concerns from the adjacent businesses to this specific location?
Scott Parker: I have not received any communication, negative from any of the businesses or
residents, to be honest with you. There was one petitioner at the Planning Commission that was not
necessarily against the application but was questioning, it was a person that owned another similar
type of business in Town.
As far as businesses go, there was another petitioner that was a business at the Village of Leesburg
and said, "Yes, this is a good ancillary use for that." From what I'm understanding, at least from
Rappaport, which is the owners and operators of the center, there's some excitement that this is a
nice ancillary use till the experiential retail that is being provided. This is a newish type of a use that is
becoming more prevalent as retail changes in order to-- 1 do believe the hair and nail salon has
submitted something saying too that they're really excited about it too, that people can drop off their
pets for whatever time that they want to as they do with their other offerings at the Village.
Council Member Bagdasarian: Thank you.
Scott Parker: Yes, sir.
Madam Mayor Burk: Ms. Nacy.
Council Member Nacy: Just piggybacking off of what Councilman Bagdasarian just said. If the
application is passed, and if there were a noise complaint or an odor complaint, how is that handled?
Scott Parker: The first order of business is Rappaport, the owners and the managers of the
development would probably address that first. It would go to them first. Our noise ordinance for the
Town would still apply in this particular case as well. In the conditions of approval as well, we have-- I
don't want to do a dramatic reading of the conditions either. The odor emission maintenance is in the
condition of approvals, "Odor shall be properly contained, treated before the release in accordance, et
cetera: That particular condition, if that becomes a continuing problem, they will be in violation of their
special exception. That is a use standard that we incorporated into the conditions of approval just to
double up on that fact so that it would not be an issue for the location.
Council Member Nacy: Thank you. One follow-up question to that. Have the residents and business
owners been notified of this potential application and the potential odor and noise?
Scott Parker: Per our notification standards, which would include a wide radius around, they've been
notified twice. Once for the Planning Commission and once for this public hearing as well. Yes,
notification has gone out.
Council Member Nacy: Thank you.
Mayor Burk: Mr. Cummings.
Council Member Cummings: Thank you. Quick question. Is it State law or is there a Town law that
oversees doggy daycares, kennels?
Page 111 May 11, 2021
Scott Parker: That is an interesting question. I just brought up a second ago that this is a relatively
new use. There is no specific regulations for this use. I don't know if I'd call it necessarily a boutique
use, but most jurisdictions have this as a by -right use. Actually, we're one of the few that have it as a
special exception. It falls vaguely under State requirement for animal grooming and containment of
animals.
There is nothing specific in State law or our ordinances that specifically address this, "This is what
we're doing," which is actually rather robust for my research of this. As far as another layer, Loudoun
County Animal Control was contacted by the applicant and they've agreed to do an inspection of the
facility and give their opinions on it as well based on their experience as another level. This is not an
inexpensive type of a proposition as well, either shall we say.
Council Member Cummings: There's no regulation on having overnight staff at a kennel or a doggy
daycare?
Scott Parker: There is not. They have 24 -hour monitoring that somebody does watch the camera at
all times and that's part of their business model, but I haven't found any regulations regarding that
right. I'm sure-- Well, I'm not going to speak to what I don't know, but I --
Mayor Burk: I do.
Scott Parker: Exactly. We'll just leave it at that.
Council Member Cummings: Thank you.
Mayor Burk: Thank you, Mr. Parker.
Scott Parker: You're welcome.
Mayor Burk: I appreciate the information. The applicant I assume has a presentation.
[pause]
Shane Murphy: Madam Mayor, Members of the Council, my name is Shane Murphy with Reed Smith
for the applicant. I have with me here today Gary Rappaport who founded the Rappaport Companies,
Henry Fonville and Rob Lucas, who both work with Gary. I also have with us Scott Parker and Tyler
Parker. We did not name Scott after your Scott Parker but --
Mayor Burk: Oh, you should have.
Shane Murphy: It was good naming on our part though. They can certainly answer any questions
that you have. I know that we've got a timeline here so I'll get through this as quickly as I possibly can.
The presentation you have in front of you in hard copy is a little bit different but not too much different,
we added a few things. What you have here is a map of the Village at Leesburg. As you probably
know, it was opened in 2011, it's had some challenges over the years. The original retail concept was
for a fashion center. It didn't really work out that well because the fashion industry is changing and
there are a lot of restaurants and other types of retailers that came in to replace those. Rapaport
Companies was actually brought in by the owner to try to jumpstart the retail, which has been having
challenges ever since the center opened. You can see the Playful Pack location is just adjacent to the
Wegmans, as Scott mentioned it actually shares the back of the house. There is actually an office that
is above it.
As mentioned, we did actually do a noise, both interior and exterior to make sure that, that that interior
office and that the exterior would not have any sort of a noise problems. I will say to you is you look at
the where Leesburg Pike is, those of you familiar with the center, there's a lot of background noise
from Route 7. When you think about noise and you think about exterior noise, interior noise, a lot of
what you're going to hear is that drone from the traffic on Route 7 and so you're not going to hear as
much of the other kinds of noises that you might think of here. Again, just want to go show you some
of the vacancies there that are in the center.
Page 121May 11, 2021
This Kid's Swim location we proposed to put the doggy daycare in has been vacant for about two
years now. We've been working on this by the way for about two years as well. We first had to get the
Zoning Ordinance changed as many of you may recall and then from there, we actually had to file the
special exception and process the special exception. Overall, it's been about a two-year process for
us. The biggest part of the challenge that we had is the split zoning. For those of you who are new,
and don't remember when it was rezoned because of some density issues and some other related
issues part of the center's zoned PRC, which is a planned unit district, which means essentially we
could add this as a use, put it in there no problem.
We are in the before B-4 portion, B-4 is one of those more traditional zoning categories. A lot of the
use.tabies in that area have not been updated as recently as other uses and so that's one of the
reasons that we actually had to go in and put mixed -use in. Again, just talking about those limitations,
go down to the third bullet point, regionally, doggy daycare with overnight boarding is typically a by -
right use. Playful Pack again is the operator here. Playful Pack has a location in Fairfax Station. And
soon to be opening one in McLean, both of those are in our strip shopping centers and were opened
by right so there was no need for a special exception.
Again, just to repeat in 2020, the Town Council did approve a text amendment for the Zoning
Ordinance to allow this as a special exception use. In other words, it's a permitted use in the
ordinance, but it requires an action by the Town Council on a special exception with development
conditions, which we have proposed here, which staff has proposed. Again, doggy daycare is a
rapidly growing industry. Again I think there may be some misunderstanding about kind of how this
works. It's not a traditional boarding kennel. During the day, the dogs will actually be free. Before the
dogs can come to the center they have to make sure that they have good moral character, if you will.
They have to get along with other, all the other dogs, because clearly, they don't want to have issues
and that the owners don't want to have issues.
They don't want to have to be explaining to the owners, "Hey, your dog got nipped by somebody, and
got stitches or something like that." Also, interesting to note, we've talked about State code a little bit.
State code actually does require for these operations that they provide veterinary care. So that is a
requirement of State code. It's kind of a squishy requirement but there is a requirement there, and
there is also in State code, a basic layout of who pays what. In other words, if it's something that just
happens incidental for being there, the owner would pay for it. If there is some negligence on the part
of any groomer or daycare operator, they would pay for those medical expenses. That is set forth in
State code and that is something that they will be doing. Again, the industry is very highly competitive.
What that means is that they have a lot of competition and again, people are very interested, as you
know, are very interested in making sure their dogs are well cared for. The reality is they have to be
very, very good at what they do. They have to provide a good environment for these dogs because
their clients expect it.
Again, this would be the first retail style doggy daycare. Again, there's lots of daycare areas and Old
Mill's got one that's in a more rural setting. That used to be the way a lot of these went. Some of them
still do but a lot of the more modern ones are going into retail areas. These are sprouting up literally
everywhere. Again, very common in Fairfax and Loudoun, even the Town of Purcellville I think I
mentioned at the last hearing that we originally had a different operator in mind and when they found
out that there was going to be trouble on the zoning front, they actually went to the Town of
Purcellville, opened their location there, and they've actually been operating for the last year or so. I
think Council Members Steinberg I think you had been there to take a look at what the operations
were like.
Again, Playful Pack, they're an established operator. They have locations in Virginia and Maryland.
One already opened a Fairfax Station, another one on the way in McLean. This is their Fairfax Station
location. Again, strip shopping center was opened by right under Fairfax County Zoning Ordinance
This is a little bit of their play area. Again, it's an open concept. They are boarded in cages mostly at
night. The cages, we will show you, they are appropriately sized and again, they are monitored by
staff who are monitoring it remotely. However, staff, they'll do it in a couple of hour shifts. Even though
they're monitored remotely, the manager will actually be within a 10 -mile radius of this location. If
there is a problem, they will contact the manager and he will be there within 20 minutes to assess the
pet and it will either be taken to an animal hospital if it's open or to an emergency veterinary hospital
which there is one we have in the Town of Leesburg.
Page 131 May 11, 2021
Again, this is the entrance of the Fairfax Station location. To give you a little sense of what it looks like
in here. Again, they try to be very clean. The dogs do have that they're able to get up and get around.
They're not sitting there in cages all day. During the night, they will board them, but most of these
dogs are actually kennel trained. They feel safer being in a kennel. Another picture, showing some of
the things that they do. These are for the small dogs. These are the ovemight boarding facilities for
the small dogs. Again, you can see that there is some size to them. It's not like they're just going to be
sitting there and can't get up, move around. Larger dogs, they do have these for larger dogs. Again,
these are some pictures of our happy clients. They have an Instagram page and the folks who bring
their dogs here typically are going to be long-term customers. They typically don't want to just bring
your dog in here once, go through the whole process of getting acclimated and then just never bring
them again. They really do want to have a clientele that is loyal and that will keep bringing their dogs
back.
Another picture of happy clients. One thing I did forget to mention, I just talk to the Parkers. One of the
things they do is to actually take in animals if the shelter is overcapacity. They do take in some of
those animals. They do take them in sometimes long term. That is something that they have done in
other locations and they intend to do here if it's necessary. Again, when you stay overnight, you get
awake for your slumber party. There's some happy folks. Again, this is the location. If you can imagine
where the location is again, it is adjacent to Wegmans. A floor plan is shown here. There is a large
open area. Again, you can see where some of the kennels would be stacked for overnight stays.
Again, I'll just go through these quickly, but this just shows you that area between the Wegmans and
the back of house here where the outdoor relief area would be. It isn't an industrial area. It wouldn't be
an area where folks would be back doing a lot of except for Wegmans would go down on their trucks,
trash removal, that sort of thing. Again, more pictures just wanted to give you a sense of what this
looked like and this area here.
There is actually back a house for one of the restaurants. The restaurant as you can see has the vent
for their food. Again, you can see right here where they have a loading dock. Again, it's not a place
where we think folks are going to be going a lot. This is the proposed outdoor play area. It gives you a
sense of what it would look like. Again, it will be turfed. They will have the ability to remove the waste.
They'll use the product that you all talked about to remove the waste and it will go into the sanitary as
opposed to the storm system. To give you just a little bit more information about their boarding
services. Not a lot of time left so we're going to go through this as quickly as you can. Just to reiterate
what's happened between now or the time of the Planning Commission hearing and now. We did
reduce the number of dogs that will be in the facility.
Mayor Burk: Sir, I'm sorry.
Shane Murphy: I'm sorry. Go ahead.
Mayor Burk: Your time is up. Could you finish it very quickly, please?
Shane Murphy: Yes. Again, we made those changes reduced by 20%. We have answered all the
questions in writing to you that the Planning Commission did have and we're certainly happy to
answer any questions that you might have about any of those.
Mayor Burk: Okay, thank you. Ms. Fox, you had questions previously.
Council Member Fox: Thanks. Thanks for your presentation. Appreciate it. I do have a few
questions. The first one, of course, is how many consecutive nights will some of the dogs be staying?
Shane Murphy: There is no limit to consecutive nights. Again, we do have some dogs that are
boarded from shelters long term and so they are able to stay in an unlimited capacity. Typically, you're
going to have to stay a couple of days, few days while folks are on vacation.
Council Member Fox: A couple of days, few days while folks are on vacation?
Page 141 May 11, 2021
Shane Murphy: Just depending on what their vacation schedule is. There's no upper limit. Again,
these dogs are comfortable here. They do have to pass a rigorous test to get in here. It's a place
they're comfortable in.
Council Member Fox: Your Fairfax Station, this one is just a little over 4,000 square feet, this
location here in Leesburg. How big is your Fairfax Station location? What is the capacity there as
well?
Shane Murphy: I think it's 2,500. It's a little smaller.
Robert Lucas: 3,000.
Shane Murphy: I'm sorry. 3,000 square feet. They don't have any upward limit on how many dogs
can be in there. I think we've heard them say in surge days, there could be 120 or 130 within that
location. That's typically on a surge day. Just because we say 80, doesn't mean it's going to be 80
every day. It's going to be some days where it's 40, 50. Some days where it is 80. Again, you have
some of those holidays where people really do want to utilize the daycare facilities and you'll have a
higher census there.
Council Member Fox: I took a look at your floor plan and I can't imagine. I'm trying to picture it in my
head because I'm going by house. My house isn't too much smaller square footage -wise, I'm trying to
figure out how to put 100 dogs in there and with kernels and open spaces. I'm seeing small dog open
space and large dog open space. How much of that 40, 50, because I can't read that. How much of
the 40, 50 square feet is that? How much does that give you for kernels? How much room?
Robert Lucas: That's not the picture I want to look at.
Mayor Burk: Excuse me? Could you please step up to the mic?
Robert Lucas: Yes. My name's Robert Lucas. I work for Rappaport. Let me just find this page for you
in the slides. It's roughly 3,200 square feet. Can I walk over there and show you?
Council Member Fox: I've got it here. I just couldn't read it.
Robert Lucas: The large dog area I think is roughly 2,200 square feet, the small dog area is roughly
720 square feet. If you'll see plan north, you've got the pet condos, the hatch, and boxes. Mr. Murphy
can show again, where they stack on top of each other. The smaller dog area for the boarding would
be actually not in the open area, it would be just plain north of that, and that is roughly 200 square
feet. That's where the condos are essentially stacked on top of it. You can see in the bottom right-
hand portion, you can see that there could be stacked up to three tall for the smaller dogs. For the
larger dogs, that was what Mr. Murphy had shown earlier, which is denoted by the hatched area here.
Council Member Fox: Most of it is these areas for them to run around. If you say they're running
around during the day, they need a lot of space, especially if there's inclement weather outside.
Robert Lucas: Correct. The majority of the larger areas that you see here, actually 100% of this area
is attributable to open space, and here I would say probably 90 to 95% because these would be
rather challenging or cumbersome to move. Those would be affixed to the wall.
Council Member Fox: How many staff will you have if there's 100 dogs out of the cages during the
day?
Robert Lucas: Mr. Tyler and Scott Parker are actually owners, so they're going to give a presentation
as well. They'll be able to answer all of your detailed questions as to that. I can just speak to that.
Mayor Burk: Excuse me, did you say someone else was giving a presentation? Pardon me.
Shane Murphy: They will testify during the public hearing.
Page 151 May 11, 2021
Mayor Burk: Okay, testify.
Robert Lucas: Correct. They may be able to get very detailed answers to Ms. Fox's questions or any
of the other folks' questions?
Council Member Fox: All right. I think that is those are my questions. Thank you.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Mr. Murphy, I'm sorry, your mask muffled your voice. I just want to just
want to be clear on the system in the rear yard for waste removal, how exactly is that designed to
work?
Shane Murphy: They will actually go and they will pick up the waste.
Council Member Steinberg: Let's talk about liquid waste that filters through.
Shane Murphy: The liquid waste will actually be I think you said it was going to be cleaned with a
chemical and it will go into the sanitary sewer.
Council Member Steinberg: That's what I was trying to --
Robert Lucas: That's not accurate. The way the grass system set up in the back, it's just like if it were
a natural lawn. If the dog were to relieve itself in the yard, it would simply go into the ground. If there
were to be anything that we needed to be cleaned, it would be done with the hose.
Council Member Steinberg: Understood. This is what I'm trying to get at. We have an enclosed area
of some 1,300 square feet being used, presumably over a course of years. I personally am not at all
familiar with the types of soils underneath that area. What we're talking about, basically is the filtering
of urine and the cleaning solution, whatever is being used down into the soil over a long period of
time. I have two concerns. What happens to that area over a long period of time, and what happens in
the event of a really big rainstorm?
Robert Lucas: The detail I don't believe was provided in staff's report. There's a detail, it's essentially
a permeability detail. It allows just natural rainwater to go down and filter down and makeup of 57 and
essentially sand. 57 is like gravel and sand that would allow it to essentially go down into the earth
like it would in your yard. It's a pretty standard construction detail. In the case that there were to be
any issue with it, it can be removed and replaced.
Council Member Steinberg: I appreciate what you're saying. Quite honestly, in this my comments
later. I'm more or less in favor of the project but this is a much more intense use of a very small area
for this kind of waste, unlike the occasional dog who may pee in your yard. That would be a concern.
Where does this waste infiltrate towards in terms of other types of underground water systems? Is
staff confident that this is a strong enough system to handle the waste so that it doesn't jeopardize
any other types of groundwater or nearby water systems? That would be a question.
Robert Lucas: Dennis and I went over the details together. That would go through essentially plan
review site review before it was approved that they would [unintelligible].
Mayor Burk: Again, if you don't talk into the mic, we can't hear you. Sorry.
Robert Lucas: I've gone over this with Dennis Darnes and that would be addressed in plan review for
permitting of the project. They will look at it but just like a review of a site plan to analyze stormwater
management, that type stuff to ensure that it would not occur. In all my years and work in the Town of
Leesburg, they're very strict on stormwater, cross -contamination pollution. I'm sure if there were any
concerns, they would not approve it and say I'm sorry, you can't do this.
Council Member Steinberg: I appreciate it. I'm just looking for an answer from our Mr. Parker, as I
address this question once before. I just want to be sure we're clear on the concept. That's all.
Page 161 May 11, 2021
Scott Parker: We're clear on the concept and that will be something that our Department of Plan
Review with the site plan for the outdoor issues, we'll be taking a look at. I do not have experience for
that, and there's no regulation about the concentration, the intensity. 1 did not address that from my
perspective. That is something as far as groundwater infiltration as far as runoff, etc., that will be
looked at at the time of site plan by the Town.
Council Member Steinberg: Thank you. Then to Rappaport one more. I'm going to assume because
I don't want to be here micromanaging business that Rappaport is clear that, they're going to protect
their investment in this project. Should there be any real problems or arising or conflicts between
neighboring tenants that Rappaport would certainly want to be responsible in dealing with those
issues?
Robert Lucas: Correct. They were longtime holders. I know a lot of you spoken to Gary in previous
times discussing this. It's not something we're looking to sell this. We would not put into use that we
do not feel would fit with our mixed -use environment. Additionally, we have I don't know Shane
mentioned it, but a letter of support from Kettler, which is a residential owner and some of the local
businesses we actually anticipated having someone from Wegmans here today, but the gentleman
was able to come. We have talked in length to the adjacent tenancy and the residential of use.
Council Member Steinberg: Thank you. Do I understand we're going to have an opportunity to
actually question the applicant?
Robert Lucas: Yes.
Council Member Steinberg: Is that correct?
Robert Lucas: Correct.
Council Member Steinberg: Thank you.
Shane Murphy: We've also heard from Hammer & Nails salon who is also supporting the project.
Mayor Burk: Again, I think you're making the rules up. You are having individuals who have signed
up to speak but the questions are being asked now. If you have a question you need to ask them
now.
Council Member Steinberg: I have a question for the actual business then.
Tyler Parker: Yes, sir.
Council Member Steinberg: One, what is the area on the other side of that white fence? You've got
a white fence that basically creates your exterior area. I'm just curious what's on the other side of that
white fence in the back?
Tyler Parker: The entire grass area will not be part of our outdoor property or I believe there will still
be some -
Council Member Steinberg: That belongs to another business.
Tyler Parker: -grass area behind. I believe it belongs to Rappaport.
Council Member Steinberg: Out of curiosity, what type of training then do your employees undergo
in order to qualify for this kind of a project?
Tyler Parker: As far as managing dogs and daycare?
Council Member Steinberg: Anything that's involved in the business. Yes.
Page 171 May 11, 2021
Tyler Parker: Yes, sir. There is no formal training required. There's no standards by the State or by
any local cities or ordinances where we operate. We did just open in McLean, two days ago. We also
are in Fairfax Station. Neither of those districts are there any requirements. We're also open in
Annapolis, Maryland, and Gambrills, Maryland. There's no formal training besides training that we
must provide to make sure we have a successful business, to make sure all of our clients are safe
and healthy, which we do ourselves on -site.
Council Member Steinberg: I certainly appreciate you want the clients to be safe and healthy. How
do you satisfy yourself that a given employee is suited for working with animals, specifically dogs?
Tyler Parker: Like many professions, we'd prefer experience, of course, strict applications, and then
thorough training. We also have management staff on -site. We're always overseeing throughout the
day, to work with staff. More importantly, it's the dogs that are accepted, go through the temperament
evaluation, which we conduct to ensure they are sociable dogs it's going to be for the majority of the
time, of course, happy and playful in this atmosphere understandably, they are all animals.
Council Member Steinberg: In emergency situations then do you employ the services of a particular
vet or the emergency vet hospital here in Leesburg? How do you handle those situations?
Tyler Parker: Of course, in any type of emergency situation, we would go to the closest and vet that's
most available by making phone calls in route if needed. We can supply basic veterinary care on -site
which we would. Then if it's something not major, if we see a dog is throwing up too much, contacting
the owner and asking them if they'd like us to transport them to their specific vet. The veterinarian
facility is more comfortable with that dog and can treat that dog best.
Council Member Steinberg: Regarding the 24/7 video surveillance and I saw a similar approach at
the Purcellville facility, who monitors that?
Tyler Parker: Our staff members for our business overall. Therefore, they can monitor multiple
locations at a time. More importantly, the dogs are so active during the day, during the nighttime,
they're mostly sleeping. I don't have personal experience as a professional veterinarian experience. I
was in law enforcement prior to this undertaking. To anticipate an illness or some type of problem with
the dog would take some type of expertise, in my opinion, to be able to diagnose on -site and
something visibly seen can be easily seen.
Council Member Steinberg: Well, I guess I was thinking more in terms of, hours, say from 11:00 PM
to 6:00 AM in the morning, although I assume you open before six, obviously, since you start taking
dogs at 6:30. In the late -night hours, then how are you monitoring 24/7? Who actually --
Tyler Parker: Employees of ours. Not [unintelligible].
Council Member Steinberg: Thank you.
Mayor Burk: Anyone else have a question at this point? Ms. Nacy.
Council Member Nacy: I just have a quick question similar about the nighttime hours. If there is a
dog that doesn't settle and just howls or barks all night long, how is that usually handled? How do you
calm them down if no one's there?
Tyler Parker: There will always be barking in all of our facilities. That's the nature of the business.
That's why that's handled before we move into the facility, which is done by sound testing through
Polysonics, to put in the protection needed to make sure the decibel level of canines doesn't transfer
through the walls and facilities. Just to reference that we just opened in McLean. Two days ago, we
had an enormous amount of support from the community coming out to welcome us. Our neighboring
tenants are Safeway, and Bank of America. In Fairfax Station, our neighboring tenants are Lanzaro
Dental and Orange Theory Fitness.
Council Member Nacy: Thank you.
Page 181 May 11, 2021
Mayor Burk: Anyone else have a question? Well, I'm not a dog person so I don't know a great deal
about dogs. Eighty dogs in a location at a time seems like an awful lot of dogs to me.
Tyler Parker: Yes, Ma'am. That is a common issue that is brought up a lot on in these hearings that
I've noticed. It's a very transparent number to our customers. If that's not something someone is
comfortable with, then they probably won't be a customer of ours. We also have webcams during the
day, and many people enjoy a lot of dogs there. A lot of time they'll call ahead and ask how many
dogs are there. If there's only 5, 10, 15 playmates, especially when we're just opening business and
numbers are growing, they don't really see the value of dropping their dog off there to be in play in a
large atmosphere.
Mayor Burk: They want 80 dogs.
Tyler Parker: I don't know what everyone's personal preference is, but were very transparent about
all of our operations. They can always view their dogs in daycare. Therefore, if they're not comfortable
with the amount of dogs in daycare, then they obviously wouldn't be a customer. Thank you.
Mayor Burk: Then I just have to make the comment. At the very beginning of your presentation, you
made a reference a couple of times to the empty spaces and how difficult it's been to have
businesses there, stay there. That's not something that we can consider. That's not part of what we
have to look at. We want the Village to succeed, but that's not a component for this event that we can
take into consideration, just so you understand that. Ms. Fox has --
Council Member Fox: I had some other questions if I may. I know we already went.
Mayor Burk: You have three minutes. Sure.
Council Member Fox: Quick questions. How many kennels within the remaining 850 square feet will
you have for the dogs?
Tyler Parker: Approximately in this area here, the plan is to have 18 kennels.
Council Member Fox: 18. You can have up to 25 overnight guests.
Tyler Parker: Yes, ma'am. A lot of times customers have three dogs, and they'd like the dog to be
lodged together. Two dogs lodged together. Family members prefer the comfort of their dogs being
kept together at night.
Council Member Fox: How did you conduct the noise study? How did you simulate up to 100 dogs?
Tyler Parker: We hired Polysonics. It's not the quantity of dogs that raises the audible level. One dog
can be just as noisy as 50 dogs.
Council Member Fox: They can be louder, too, when it's 50 dogs.
Tyler Parker: Sure. It's done through their scientific methods of the canine decibel level.
Council Member Fox: There they said, this is not a noise factor? This is okay.
Tyler Parker: They did put in the necessary materials needed to bring down at this level and it hasn't
been a factor with the dentists next door or a bank next door, et cetera.
Council Member Fox: Just out of curiosity, why will there not be overnight supervision? I understand
the circuit TV and everything. Why is it that you've decided not to have anybody on site overnight?
Tyler Parker: The majority of these industries that have overnight staff they have cage -free boarding,
where the dogs are free to roam on board. All the dogs are secure in these pretty expensive condos
as we call them. It's our experience in this industry that they're also tired from playing all day.
Therefore, it's more cost-effective to have one person monitor our facilities multiple rather than people
Page 191 May 11, 2021
in each location. Somewhat similar to a security guard, overseeing via close circuit footage rather
than one security guard being in every location.
Council Member Fox: Thank you.
Tyler Parker: Thank you.
Mayor Burk: Thank you, gentlemen. We'll hear from the public now. Our first speaker is Artie Simcox,
followed by Scott Parker.
Artie Simcox: Good evening, everyone. My name is Artie Simcox, and I'm an operator of a business
in the Village called Chefscape. I'm also a doggy lover. I did the Dogtopia thing, and I watched the
cameras. I make my wife crazy doing that sometimes because she's going, "It's only 30 seconds
before they pick that stuff up again." Anyway, from a personal end I really like what these guys do and
I like the Dogtopia thing. I consider it the Mercedes of doggy daycare. From a personal view, that's my
view. From a business, I communicate with Vino Bistro, The Conche, and the coffee shop across the
street and everybody's pretty dog -friendly. We'll have water out. We'll have biscuits out. We believe
that this would be a great addition to the center. We're putting our hats in there. Thank you.
Mayor Burk: Thank you very much. Scott Parker, followed by Tyler Parker.
Scott Parker: They have chosen not to speak.
Mayor Burk: Gary Rappaport.
Gary Rappaport: Good evening. My name is Gary Rappaport. I'm the Chief Executive Officer of
Rappaport. We manage, we lease, we oversee all the marking of the retail activities at the Village of
Leesburg. We're also the majority owner and managing partner of the entity that owns the retail
component of the Village of Leesburg. We've always been long-term owners of our properties that we
have built or acquired or planned. We plan to be long-term owners of the retail component of the
Village of Leesburg as well. We're committed to continue to work and invest our time and our money
toward the stability, the success, and the potential that was envisioned for the Village of Leesburg but
has not yet occurred.
As we all know, the Village of Leesburg was approved by Town Council in 2008 and opened in 2011.
It's 57 acres, it's 1.2 million feet and the retail is the largest component of the Town center. Since its
opening, we've had design constraints. The Internet competition from other Town centers and certain
challenges we were asked to come in by the developers of the property in 2013 to help them. We
were founded, our company in 1984. We presently manage, lease, and market over 65 retail
properties in the Washington DC metropolitan area. We purchased the majority interest in the retail
component of the Village of Leesburg in the beginning of 2018. The original concept for the retail
component was a fashion center, called National Retail trends and the Internet have made that
concept unworkable.
Today we continue to look for retailers that complement each other and have users that are Internet
proof such as the Village of Leesburg, our movie theater, our bowling alley, our trampoline park, and
of course many of our restaurants. Why we're here tonight is to hopefully add a doggy daycare tenant
to a mix of our tenants. Another internet-proof tenant. COVID has created additional challenges for
retail where the market shift was already occurring even prior to COVID. Today we still have several
tenants paying only a percentage of their rent. We have several retail spaces at the Village of
Leesburg that have never been leased.
The Village is split zoning combined with the Town's legacy zoning restrictions that emphasize older
traditional retail uses oppose unique challenges to the success of the Village of Leesburg. Despite
these restrictions, we and I remain committed to the Village's success. A particular concern in the
Village is the former Kid's Swim location. This 4000 square foot retail space that has been vacant for
over two years. One modern use that has surged in the past is this doggy daycare use, which is
usually combined with overnight boarding. They become very common, as you've heard in Fairfax,
Herndon, Vienna, the Town of Purceilville and even the Town of Leesburg.
Page 201 May 11, 2021
The location has a strong interest in doggy daycare providers. We had another doggy care provider
that was supposedly first at the space to not want to go through the process of waiting over two years
and opened up as you know in the Town of Purcellville. We partnered with the Town now for over two
years and having the wording and the ordinance changed based on the original zoning requirements
under the zoning that were under on that side of the property. Really, I think we're quite fortunate that
we have a tenant in Playful Pack that has believed enough in the opening of a new location at the
Village of Leesburg. That they've been willing not to go anywhere else, but the way as we tried to go
through this hopefully special exception success tonight. Approving this application tonight will send a
message that the Town remains a committed partner in the overall success of the Village of
Leesburg. I urge you to permit this use which has enormous support from both the businesses and
the residences from the Village of Leesburg. Thank you.
Mayor Burk: Thank you, Mr. Rappaport. Is there anybody who did not sign up that would like the
opportunity to speak at this point? All right, do we have anybody on WebEx that would like to speak?
Eileen Boeing: Madam Mayor, Ms. Wong is still on the line. Ms. Wong, I'm unmuting you now. You
can make your comments.
Lily Wong: I didn't know if this is the appropriate time to ask any additional questions to the applicant.
Mayor Burk: You have five minutes for your comments.
Lily Wong: Okay, I just still have comments even after hearing the presentation in regards to not
getting an answer for the number of staff members for a hundred dogs. Then also concerns in regards
to the training of the staff and, what happens in those two open spaces. If there is a conflict that
comes across two of the dogs that are staying there, how do you contain all the dogs and separate
them if there are that many of them, and you're only limited I believe its 18 kennels if you were to
separate those dogs? Again, I still have concerns for the welfare of the dog. Thank you.
Mayor Burk: Anybody else still on the line?
Eileen Boeing: No, ma'am, there's no other callers on the line.
Mayor Burk: All right, then I'm not sure who would answer those questions, but how many staff
people do you, Mr. Parker, do you anticipate how many staff people to take care of 100 dogs?
Tyler Parker: Yes, Madam Mayor in this case for the maximum of 80 dogs, we would have
approximately seven staff members minimum, present in the building.
Mayor Burk: What would you do if you have all those dogs? You have 80 dogs in that open area and
start a fight. How are you going to? I assume all seven can't be there at the same time. How are you
going to control the dogs?
Tyler Parker: We have tools to alert other staff members that a fight is occurring, communications as
well. In this industry, which is very saturated throughout the country, fights do occur, of course, from
time to time. It's very few and far between due to the temperament evaluations we take into taking in
customers.
Mayor Burk: You do an evaluation of the dog before you take it in?
Tyler Parker: Yes, ma'am
Mayor Burk: Then the question was about training. Do you offer any, you said previously that you do
some training in-house, but you didn't specify. Is it something that you made up? Is it something that
is standard?
Tyler Parker: Those types of training established by certified trainers. We've also had certified
trainers come to our facilities. We do have a bit from those experiences, a standardized handbook
and myself does have over five years of experience in working hands-on with the dogs and learning
by doing.
Page 211 May 11, 2021
Mayor Burk: There's no one else to speak at this point, thank you very much. In that case, I will close
the public hearing. Are there any additional questions at this point?
Council Member Fox: I like the idea of this but I also feel like, this be a great place to drop off a dog
or two, as you're going shopping, but it's not a-- It's daycare. It's not a boarding in my opinion. I'm not
comfortable with the overnight boarding and I'm not comfortable with somebody not being there.
Those are really two huge concerns of mine. We couldn't get away with that in a hotel or anything
that. There needs to be supervision. That is something driving me, that would probably drive my
decision. Thanks.
Mayor Burk: Mr. Cummings
Council Member Cummings: Thank you. Just a quick few comments. I urge us to support this
tonight. I think I've done some phone calling today to other kennels and doggy daycares, none of
which have overnight staff present. This is not abnormal to what's already happening in the Town of
Leesburg. I believe that the applicant has worked to answer the questions that the Planning
Commission put forward in their denial. I think they've done a good job. I think there's a market need
for this. I myself, for my dog, Taylor Sniff, we use some of these doggy daycare facilities in places,
and they've been really helpful and I think it would be a great addition to the Village at Leesburg. I
look forward to bringing Taylor down and having a play date.
Mayor Burk: Mr. Steinberg
Council Member Steinberg: I'll go ahead and make my comments now. Then I'll be willing to offer
the amendment for approval. I spent more than 30 years living out in the rural area of Loudoun
County, south of Bluemont. I understand, the concept of more open space for kennels. We had dogs
out there, we kennel our dogs from time to time, and it was a great environment. I'll also point out that
those kennels are often staffed by far fewer people than this situation seems to anticipate, but this is a
more urban area. We've got a mixed -use development with a residential component, and it seems to
me this is an ideal use and a service for the residents.
In the end, they don't have to get their cars and drive 30 miles to a kennel, they can-- a number of
these people are going to be able to walk basically down the street and drop the dogs off. I'm going to
assume, and I know that owners of pets they're often more cautious about their pets and their kids.
They're not likely to use a situation that they feel is endangering their dogs. I did visit the facility in
Purcellville. It was a wonderful facility, very clean, very open, the dogs are all getting along really well.
Had a similar situation, out and back as a fenced area. I talked to a number of the neighboring
tenants, they loved having it in the neighborhood, so to speak, and they saw it-- Excuse me, as an
asset. Now, I don't take overriding the Planning Commission lightly. I like to support the Planning
Commission's positions for the most part. I believe this is an issue, an application that will well serve
the community and the residents in the community. I will strongly support it. Thanks.
Mayor Burk: Ms. Nacy.
Council Member Nacy: Thank you. I just have a couple of comments. I also have a little bit of
concern about the overnight portion as the Planning Commission did. I definitely understand the
limitations that you're facing with this particular location. I guess my worry is we just had a work
session, talking about potential noise and odor and pre -notification. Just given that there's residences
directly across the street, I have some remaining concerns about both of those things with this
particular location. I just want to make sure that we're thinking about that as well. I think it's great that
we are exploring other kinds of uses in the Villages of Leesburg. I think the daycare portion is great. I
have some concerns about the overnight portion and the noise and odor issue with residences right
across the street. Thank you.
Mayor Burk: Mr. Bagdasarian
Council Member Bagdasarian: Yes. Just to be clear, if based on the split zoning, if this was on the
other side of the street, would this have been approved by right or allowed by right?
Mayor Burk: Mr. Parker.
Page 221 May 11, 2021
Scott Parker: I actually do not know the answer to that question. I focused specifically on the B-4.
There may be a way to get it there but as far as a by right, I do not know the answer.
Shane Murphy: You have to be listed on the plan use list is my understanding is.
Council Member Bagdasarian: Okay, I just wanted to verify that. Obviously, I have concerns also
about the number of playmates that are present in the overnight service. I also understand that this is
a proven model. This is not novel. This is not the first location with a new model that you're targeting
and test marketing. Those are certainly aspects that we have to understand that this is already in
place. I also do support this project.
Mayor Burk: All right. Anyone else. Mr. Martinez. Your microphone is not on.
Vice Mayor Martinez: As Mr. Steinberg said, I have trouble overriding our Planning Commission on
some of their concerns. 1 know you've reduced the number from 100 to 80. Which is fine. The other
real concern I have is when you have one or two dogs using a hose to wash off -pavement, or grass
and soaking it through may be fine, but when you got anywhere between 40 to 80 dogs having that
opportunity, that's a lot more quantity that needs to have a better look at in my mind. That's something
I wish that you would maybe find a better solution than just washing it off with the hose. One of the
things that the new model is we all talked about years ago was work, play and other stuff in the same
area. When you have that, when you want a model where people can work, they can go out to dinner,
they can all do it within a walking distance.
You're going to have some unusual businesses coming up and taking hold in the community. I'm
surprised there's not a great place for a shoe repair, because people can walk to it, drop off their
shoes, and go to work. I know I'm always looking for a good repair shop, but what I'm trying to say is
that when you look at our live -work -play communities, these are the kinds of things that are going to
be popping up in the community to service that community.
When I say I don't like overturning the Planning Commission's recommendations, I don't take it lightly,
because I do believe that they are looking to help Leesburg the best. I'm going to vote for it. I have my
serious concerns, but I also know the motto I just talked about, the live -work -play motto, there is going
to be some different kinds of businesses cropping up specialized, and it's going to be unusual, and it's
going to be tough for some people to accept. I wish you a lot of luck with your application. I hope that
the sanitary concerns I have, that you take a better look at and try to alleviate our concerns about
that. I talked to Mr. Steinberg about this and his trip to Purcellville, and as was said before, it's a
proven model. I think the first of your kind corning to Wegmans area, and I wish you the best of luck.
Thank you.
Mayor Burk: Okay. The overnight issue, again, I don't know much about dogs, so I reached out and
called the number of the different kennels and things around, and only one of them had overnight
staff. That was the person that owned it and he lived there. Everybody else, no one else had
overnight staff. Some of them didn't even have cameras watching, so, while I was concerned about
that, I then went to multiple people I know who had dogs. Some of them had issues, but the majority
of them did not.
Most of them were very comfortable taking their dogs. They liked the idea of doing it there. Many of
them use kennels and overnight their dogs and don't have an issue with it. So, it was hard for me to
argue that this is a bad idea. As Mr. Bagdasarian said, this is not new. This is something that you've
had in multiple places and other places have done. We have kennels, doggy daycares all over
Leesburg, and so, this is not a new concept.
It is new to have it in a residential area with shopping, but that can be overcome. I think the fact that
the outdoor area is across the street and behind the building is not going to interplay with the
residents that are across the street and at the other building. I don't have an issue with the neighbor
aspect of it. I don't think that will be a problem. I don't like to vote over the Planning Commission. I
value their input.
1 think you guys listened to some of what the concerns were and made some changes. Much to the
chagrin of my Planning Commissioner, I will be voting for this. If I could find a reason not to, I would,
Page 231 May 11, 2021
but I've gone through it and I can't find a reason not to. That being the case, I'm going to close this
public hearing-- I already closed it, didn't I? Is there a motion? Does anybody have a motion at this
point?
Council Member Steinberg: Yes, Madam Mayor, I'd like to make a motion to approve resolution
number 2021, a resolution approving special exception TLSE-2020-0003, Village of Leesburg Playful
Pack Doggy Care to Allow a 5,370 Square Foot Doggy Day Care Facility.
Mayor Burk: Okay. Councilmember Steinberg moved it. Is there a second?
Council Member Cummings: Second.
Mayor Burk: Council Member Cummings. Any additional comments at this point? All right. All in
favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed?
Members: Aye.
Mayor Burk: It's 5-2 with Ms. Nacy and Ms. Fox being no's. All right. Thank you, gentlemen. Okay.
We have another public hearing and our next public hearing, I call to order this May 111h, 2021, public
hearing of the Leesburg Town Council, unless there's an objection, I will dispense with the reading of
the advertisement. If you wish to speak, we ask that you either sign up on the sheet in the hallway
outside of the Council's Chamber, or 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 taped record. In the
interest of fairness, we also ask that you observe the five-minute time limit. For those participating in
person and on WebEx, the green light in front of you will turn yellow at the end of four minutes,
indicating that you have one minute remaining. At that time, we would appreciate your summing up
and yielding the floor when the bell indicates your time has expired.
For those participating on the phone, you will hear a bell when your time has expired. Under the rules
of order adopted by this Council, the five-minute time limit applies to all. However, rather than have
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 speaker when they sign up to
indicate their status as spokesperson, the group they represent and their request for additional time.
Our procedure for the public hearing is as follows. First, there's a brief presentation from staff.
Second, the members of the public that have signed up to speak will be called and given five minutes.
The public hearing item for the agenda tonight is the Sycolin Cemetery Land Transfer to the Loudoun
Freedom Center. Mr. Markel.
Keith Markel: Good evening, Madam Mayor, and Council. Very happy to be back here this evening
for one of the last steps in the process of transferring the Sycolin Cemetery to the Loudoun Freedom
Center. This is the public hearing this evening as required by Code to convey the land to an outside
party out of the Town's ownership. To share just a few slides with you to familiarize yourselves and
those watching who may not be familiar with the project just a little background.
The project is to give as a gift 1.6 acres of land, including the Sycolin Cemetery to the Loudoun
Freedom Center. The Loudoun Freedom Center would have fee simple ownership, so they would own
the parcel that is carved out through the subdivision process. The Town has assumed all costs in
creating the parcel for sale and conveying the land. All of the survey work, all of the investigation
archeological work has all been taken care of on the part of the Town. Just to familiarize yourselves
with the site here, you can see this is the plat showing the parcels as exist today. Outlined in green,
these are the lots owned by the Town as part of the Airport property.
Page 241 May 11, 2021
Here in blue is the area that is called out as the cemetery space. There are two distinct burial areas,
and then the space in between, which is connecting those two spaces. This is the area called out on
the plat as the cemetery burial space. What we're proposing is a full conveyance of 1.6 acres. That's
the area in red to be gifted to the Freedom Center. The process as it stands this evening, the
subdivision work has been completed. The County has approved the subdivision as you saw it on that
plat.
The plat is ready for recordation, but it has not been recorded yet, so we're waiting for the public
hearing and for agreement of terms with the Loudoun Freedom Center and the Town. At that point, if
everybody's on board, we'll go ahead and have that plat recorded. That will formally create that new
subdivision. Still needed this evening, the public hearing is required, FAA final approval. They have all
the documents, they have given verbal approval, as the process has moved along.
They've been consenting along the way, but we are awaiting their final approval on all elements of the
land transfer. This land was purchased back in 1990 with Federal dollars so they do have to be a
consenting party to the transfer. Adoption of the ordinance for the land transfer that is before you this
evening. It's your option to adopt this evening. As part of that ordinance, you would be adopting the
Memorandum of Understanding between the Town and the Freedom Center if terms can all be met
between those two parties, as well as approving Council to move forward as a deed of gift and the
draft deed of gift is included in your packet.
The Loudoun Freedom will need to consent to all the documents and sign off as the receiving party. A
little background for the parcels. Again, we purchased this as part of the runway protection zone as
this is the area at the end of the runway is in both ends that provide that additional protection for
aircraft and for folks who may be on the ground. It's meant to be a clear zone, clear of any
development or any congregating areas.
The Town has mowed and maintained the RPZ space since its purchase back in 1990, but not until
2015, thereabouts, that we start getting involved with projects down into the woods, which include
those two burial areas. There you can see called out in those red boxes, the burial areas as they
exist. Here's just a shot, again reminding you of that RPZ space there that red outline is that
protection zone space, so, the Town does keep that clear mowed area.
The parcel history a lot of good history here that's well -documented in the Rivanna report that was
included in your packet. That was part of the cemetery delineation survey. The parcel was part of
Egypt Farm back in the 1860s. The parcels were then purchased by two families that were affiliated
with the Sycolin Baptist Church. The church was established in 1884. The church that you see there
today was constructed in 1899.
The known burials on this site have been documented to have occurred between 1913 and 1954.
There is nothing in historical record that indicates that these were slave cemeteries. As you can see,
we've had a good history of the past number of years with the Loudoun Freedom Center, including
work together with grave identification, site cleanup. You can see the signage that gives you a little bit
of history of the site and cleanup efforts there, and tree and vegetation removal have all taken place.
A great partnership over these past several years maintaining the site. Here, just a few photographs
of the path that leads down into the burial area, and then the fencing that was installed by the Town
around the burial areas to make sure that they were protected and not damaged inadvertently. Here's
a site looking from down towards the creek up towards the path, you can see in the trees up to that
upper field.
The land transfer process has been extensive and the Town has paid for the cemetery delineation
survey, which costs a little over $50,000, the plat and survey work, which has been completed by
Christopher Consultants and then all of the in-house deed research and MOU development by Town
legal staff and land acquisition staff. We have the Memorandum of Understanding in draft form that
was included in your packet.
As I mentioned back in April, the Loudoun Freedom Center has consented to all of the elements of
the MOU, except for some drainage concerns that we'll discuss here in a second. The Loudoun
Freedom Center would be responsible for all maintenance of their site, as it will transfer again in fee
Page 251 May 11, 2021
simple ownership to them, so mowing brush clearing tree maintenance would all fall to the new
owners.
The Town does not object to any future burials on the site that are called out and delineated as the
cemetery area, so long as it meets all State and County requirements. That will be for the Loudoun
Freedom Center to work out with the County and with the State. The Town will provide access across
the Town's parcel because this new lot that will be gifted is landlocked.
Future access will always be across the Town's parcels there. No issues with that. Loudoun Freedom
Center has raised concern over the natural drainage on the site and the cemetery is located down
slope of a steep hill, near a creek. We talked previously about the soil conditions that lead to poor
drainage in this area and the runoff that does come down the hill. There was some concern from the
Freedom Center over the paths leading down to the burial areas and the impact that they have on the
cemetery site itself.
The Town has not modified the typography, and we've not changed any of the grades out there. We
have provided the covering on top of the paths, which is something that could be removed, and that's
something we can discuss here this evening. The parcel is known to currently have springs on the
site. In wet weather there are areas that stay consistently wet throughout the year and a spring
identified on the Rivanna plan as well. We do have engineering staff with us this evening that can
share further details about that with you, if you have specific drainage questions.
We've been out to the site numerous times to take a look to further evaluate site conditions. Just to
recap, the next steps tonight, our public hearing, we need to finalize the Memorandum of
Understanding with the Freedom Center to come to terms on that so that can be adopted. We have
the option for you to approve the ordinance this evening or at a future meeting which would authorize
the Town staff to move forward with all those extra elements, that deed of gift again, and the MOU.
Then once we have FAA final approval, we'll be ready to have that plat recorded and create this new
lot. Then signatures, obviously, from Loudoun Freedom Center. With that, that concludes my
presentation. Happy to answer any questions. Again, we've got staff here, we've got Scott Coffman
with the Airport and Phil Jones doing drainage, and I believe Bill Ackman is over here as well. We've
all been out to the site and have looked at that.
Mayor Burk: All right. Anybody on this side have any questions? Mr. Bagdasarian?
Council Member Bagdasarian: I do have a few questions. Thank you, sir. As an aside, just because
I'm newer on this process here. Aside from the path construction, what other modifications has the
Town made to the actual site?
Keith Markel: No topographic modifications. We've installed the fencing, the simple farm fence, the
metal fence there that you've seen around the burial areas, just to make sure that folks don't
inadvertently enter into the burial areas. Then just the path clearing. There was no grading for the
paths, so no earth was moved, just clearing of vegetation and brambles. Then just back in 2018, we
put that sand gravel mixture on top of the existing dirt surface, which is really the only significant
modification made to the site.
Council Member Bagdasarian: How was the cemetery site access prior to these modifications?
Keith Markel: Just through the woods, it was just natural growth, so the first trip I had out there, we
were walking over logs and through all sorts of brush and briars to get down to there so there was no
path or no discernible trail.
Council Member Bagdasarian: Now, I understand I visited the site several weeks ago, and it's clear
that there's an underground spring, is it possible to completely redirect the consequences of having a
spring on that location based on the physical topography of that location?
Keith Markel: I will turn that over to Phil and Bill. They can answer that more authoritatively than I can
on that.
Page 261 May 11, 2021
Council Member Bagdasarian: Okay, thank you.
Phil Jones: Some of the natural geologic features that are at the site, that being shallow bedrock, will
make it a challenge to isolate specific spring locations. What could be done from an engineering
standpoint, is to provide the water that does reach the surface, some alternate means of getting to the
channel. Those are some options, which I believe were posed previously would be installing ditches
or other ways to divert water around. The first step would be to isolate for sure where all those springs
are in the area because that is a little tricky to nail down.
Council Member Bagdasarian: Can any modifications be made to the existing paths to further divert
water from draining into that area below?
Phil Jones: Sure. There are two paths, one to the north and one to the south. The more northern
path does eventually drain to the cemetery area, the more southern does not. In terms of the more
northern path, there could, in essence, be something put at the base of that hill, potentially, that could
catch some additional water coming off of that path, but the more southern trail does not drain to the
cemetery site.
Council Member Bagdasarian: What impact does the gravel and sand combination have on the
drainage on the pathways?
Phil Jones: Sure, I guess whenever you're converting from what be natural ground cover to gravel,
there is the potential for some additional runoff to be created. Certainly will be minimal in this case,
because sand does promote infiltration into the soil compared to asphalt surfaces, so there's that
potential there.
Council Member Bagdasarian: Okay, thank you.
Mayor Burk: Anyone else at this point have-- Ms. Fox? [crosstalk]
Bill Ackman: 1'11 just add one thing which Phil just mentioned, is if you remember from our discussion
last night, a lot of it depends on the soil that's underneath. You could have very good vegetation and
those fatty clays that Renee mentioned, as well as bedrock, which would mean it would just flow right
along the surface, so it really depends on what geological structure currently exists underneath that
path.
Council Member Bagdasarian: Do we know what type of geological structure we have under that
path currently?
Bill Ackman: We don't.
Keith Markel: We've done soil analysis.
PhD Jones: We've looked at the Web Soil Survey, which is a Federal database, which categorizes
soil characteristics, it's not specific to like a five-foot by five-foot area, but as a general characteristic
for an area. In this area, it's shown poorly draining soils and shallow bedrock, which would generally
be poorly draining just as an area in general.
Council Member Bagdasarian: I promise this is the last question, with regards to the spring, is that
something that remains consistent? Does it develop over time? Does the form change the direction of
the spring change?
PhD Jones: I think certainly it's not a consistent flow situation, it will tend to pump out more water
after large rain events, and so it is variable from that perspective. I guess without further geologic
analysis, it would be hard to pinpoint exactly what the flow conditions are at this site.
Council Member Bagdasarian: Thank you.
Phil Jones: You're welcome.
Page 27) May 11, 2021
Mayor Burk: Ms. Fox.
Council Member Fox: Thank you. I've got a few questions. Bill, I'm sorry. As the engineer for the
Town, you've been out to the site, you've assessed this, correct?
Bill Ackman: Yes.
Council Member Fox: Okay. You were talking about the northern path and how water is leading into
the graveyard from the northern path. Do you feel like there could be any effective remediation for
that?
Bill Ackman: The best way to remediate it, in my opinion, would be to just put it back to the natural
features that were there, so, in other words, you would take the gravel and sand out and restore it to a
plant material that's consistent with what's out there today. Give it a year or two and nature will just
take it right back to where it was.
Council Member Fox: One of the things that we talked about last time was this underground spring
and that's the thing that I'm stuck on. The last time we spoke about this, we asked you, Keith, whether
or not any remediation would be helpful given the underground spring, and you were not quite hopeful
for that. Can you explain why? Bill, if you have any input that would be great.
Keith Markel: They're the pros, but I think when we were out there, we realized what a wide section
of drainage issues that are there. We went out a day after-- Not a significant rain but maybe a quarter -
inch rain and saw the wet surfaces. Just at the base of the trails, it was no different there, and actually
better there than in some other places in between the two trails that lead down to the burial area.
We know the whole area and the space has major water issues and major water issues after rain
events. The bigger the rain event, obviously the bigger with the water issue. I was down there before
the paths were ever constructed, and there was standing water in the burial shafts, and there were
wet soggy areas throughout. That spring, I've never seen where the defined spring is called out in the
Rivanna report has never been dry. It's always had water in it, not flowing vigorously, but it's always
been a wet standing spring.
We know that it's just a damp area. You could go in and install additional features, but there's no
guarantee that that's going to get you to a level of dryness in a drainage solution out there that may
be desirable by the Freedom Center. Given the sensitivity of the site, the topographic challenges of
the site, I would not recommend the Town going in and making any modifications to the area.
Council Member Fox: Okay. As far as that geologic study that you referenced, is that something if
the Town were to even consider any sort of remediation? Would that study be part of that? How does
that work? The geologic study.
Keith Markel: There's existing soil studies that tells you how the current conditions are on the site,
but then you'd look in, and what we've had Phil do is meet with contractors looking at different
options, and they were presented to you last month about doing a ditch section, a pipe section, a
French drain model, and all various impacts to the site. They could all potentially do some benefit to
the drainage, but there's no guarantee that it's going to solve all the drainage concerns out there. A lot
more study in engineering would have to take place based on what your final level of outcome is that
you're looking for there. How dry do you want that space to be, and how much are you willing to
modify that space.
Council Member Fox: Okay. Thank you.
Mayor Burk: Anyone else at this point? All right. Thank you very much. We have one speaker that's
signed up, Pastor Michelle Thomas.
Michelle Thomas: Good evening. I'm Pastor Michelle Thomas, the founder of the Loudoun Freedom
Center. I'm also the president of the NAACP. I wanted to see if the Town would be amenable, after
hearing some of the reports for the expertise, 1 stand again shocked that after 32 years of ownership
that you guys have never considered the proper way to preserve this space.
Page 281 May 11, 2021
After 32 years, were here tonight trying to figure out about the natural spring that flows into the grave.
I have never asked for you to make the ground totally dry. I've never asked for that. I've been there
probably weekly for the last five years, and it's never been dry, and it doesn't need to be dry. What
we're trying to achieve from the Loudoun Freedom Center is the right to memorialize who is buried
there.
We need to install headstones. That is how we memorialize who is buried there. That's how families
and descendants are able to keep track of who's buried there. Once were gone and we don't have
the story and somebody has lost this report, the descendants will always know where their ancestors
are. We can't install headstones on a floating surface. When we go down, it's not the natural spring.
It's not the fact that it's damp all the time when you go back there.
It is the times that the graves flood and there's only one headstone that's back there. Nothing else will
stay. Nothing else will be installed and stick and stay over a lifetime. When I go visit burial ground, I
depend on verifying where my loved one is buried there. That is why I asked that you would make the
amendment and do the extra work. One, because the Town never did it. If you guys owned this
property for 32 years, at least you could have preserved it properly, and you didn't do that, and you
have to own that. This is a part of preserving it properly. Being able to memorialize who is there. It's
not a matter of keeping it dry. I'm not asking for anybody to go and blow on the grounds every day. I
just want headstones to be able to be installed without floating off into the stream. That's it.
I ask that the Town move tonight to approve the MOU with an amendment to include installing a
drainage system. The drainage system that we installed is a mitigating system. It's not perfect. It's not
going to get a hundred percent of the water away from it. It'll get enough so that the grave and the
headstones won't float. That's all were asking for. We're not asking for a perfect system. We're asking
for a mitigation system, so we don't have a hundred percent of the runoff water collected on a grade.
There were some newspaper reports, and I want to respond to some of the comments. Some of the
comments were, "Gives me the impression that maybe the Town Council doesn't fully understand
what the ask is." There were some comments in regards to setting some sort of precedent that if you
would do this for the Loudoun Freedom Center, you will set a precedent.
The only precedent that you're going to set is the precedent of equality. This is how to equally install
or preserve a burial ground. There's no precedent to be set. You don't own another cemetery. Doing
the right thing only sets the precedent of the Town can be trusted to do the right thing no matter who
is buried there. I don't think the precedent issue is an issue.
The other thing is in terms of the ground being dry, again, I don't want you to go away from this with
some sort of false understanding that I'm looking for the ground to be fully dry. It's never going to be
dry back there. In fact, African -American burial grounds are not supposed to be dry. There's always a
stream. It's a part of the heritage and the history of African -Americans that when African -Americans
would die, our souls would enter into the stream and there head back to wherever they're from. We
want it to be damp. I'm asking that you help us mitigate this. It is an undue and unfair burden to put
this on the back of the Loudoun Freedom Center. In other words, the descendent community for work
that should have been done to preserve this space properly. I would take any questions that you
probably have tonight, please ask.
Mayor Burk: At this point, we have to check and see if there is anybody on the WebEx that would like
to speak.
Eileen Boeing: Madam Mayor, there are no callers on the WebEx.
Mayor Burk: Okay. There's no callers on the WebEx. Thank you, Pastor Thomas.
Pastor Thomas: Do I answer questions?
Mayor Burk: Not at this point. We will. Unless anybody has a compelling desire to ask a question, we
could break the rules for today, if you like. Yes, Mr. Bagdasarian.
Page 291 May 11, 2021
Council Member Bagdasarian: I have a question for the engineers. Based on Professor Thomas'
comments, obviously, we understand the spring situation, that's part of the topography, and that is
going to be there. That's going to be an issue. It's been an issue for hundreds of years, thousands of
years, for all we know. The question is, is it possible to mitigate the downward flow of water right
along the paths to divert water from further flooding the cemetery space below. I know we visited the
site. There were some ideas that were tossed around about possibilities.
Keith Markel: 1'11 let the engineers talk. I'm not aware of the flooding that Pastor Michelle is
referencing. We do know that there standing water in the burial depression. Where you have an
individual grave, the ground has settled, and it does create a small pooling effect there, where you
have standing water during wet seasons of the year. That's something that could be modified.
The Loudoun Freedom Center could go in and add dirt and level that off and make that a smooth
surface, like any other modern cemetery where you'd have that just sheet flow off so you wouldn't
have that option for pooling there. It's a matter of preference and historical preservation. Differing
historic preservationists will tell you, leave it in its natural state, the way it occurs. Others will say, it's
fine. If you add in new soil and you smooth that out, that would eliminate that standing water concern.
I think that what they're raising there. As far as an overall flooding impact over there, I have never
witnessed a flooding of that space and have obviously never seen any headstones washing away or
being carried away into the stream or anything to that effect. There's only one modern headstone that
was installed out there. And so that's the only one that we're aware of and that's this fact.
Mayor Burk: All right. Thank you. Being that there's no one else that would like to speak from the
Council Chamber and there's nobody on WebEx, I will close the public hearing. Is there a motion at
this point? Does anybody want to make a motion?
Council Member Steinberg: I will.
Mayor Burk: Yes. Mr. Steinberg?
Council Member Steinberg: Yes, Madam Mayor, I'll move to approve ordinance number 2021. Is
that correct? An ordinance approving and authorizing the donation of 1.6314 acres of real property
owned by the Town of Leesburg containing the Sycolin Cemetery, located at the Leesburg Executive
Airport, to the Loudoun Freedom Center.
Mayor Burk: That is seconded by Council Member Fox. Is there any discussion at this point, Mr.
Cummings?
Council Member Cummings: Yes, Madam Mayor. I would ask the move to amend the MOU to
include work at the cemetery to mitigate some of the water issues that is causing the removal and the
movement of the headstones at the Sycolin Cemetery and ask that to not exceed $150,000.
Mayor Burk: Does that include the $100,000 that we have already put forward on this?
Council Member Cummings: No, in addition to-- [crosstalk]
Mayor Burk: In addition to the $100,000 okay.
Council Member Cummings: Not to exceed 150 for the mitigation.
Mayor Burk: Okay. Do you consider that a friendly amendment? All right. Do you want to bring it up
as amendment on its own?
Council Member Cummings: I would thank you.
Mayor Burk: All right. Is there a second?
Vice Mayor Martinez: Second.
Page 301 May 11, 2021
Mayor Burk: Seconded by Vice Mayor. All right. Any comments at this point? Yes, Mr. Bagdasarian.
Council Member Bagdasarian: I have another amendment.
Mayor Burk: Yes. Okay, give us the amendment. Let's see if it could be friendly or not.
Council Member Bagdasarian: Okay, we'll see. I do support the gifting of the cemetery to the
Loudoun Freedom Center, but I would amend the MOU to address the concerns that were voiced at
the April 13th Town Council meeting, as well as the concerns this evening and focus on enhancing the
drainage system on the paths if it requires removing the gravel to mitigate the drainage issues that
are caused in part by the paths. I would amend to address the paths situation and mitigate the water
drainage by enhancing the drainage system on the paths to divert water from the actual cemetery
site.
Mayor Burk: Okay, let me make sure I understand. Yes?
Keith Markel: I think you're probably going to ask the same question about clarification where we talk
about removal of the gravel surface material or enhancing the surface material so that we change the
contour of the trail or something like that.
Council Member Bagdasarian: Removing the surface material and modifying the contour of the trail
to mitigate the drainage on the trail.
Keith Markel: I think staff would recommend if you remove the trail surface, we would just eliminate
that path and rely on access from the southern path, which does not have any direct flow towards any
burial area. If you had the southern path, you could use that for full access to both burial sites, and
then the northern path, which is in direct alignment with the burial area, which seems to be of concern
to the Freedom Center, remove that gravel surface material and let that go back to its natural forest
state.
Council Member Bagdasarian: Okay.
Mayor Burk: Is that what you were suggesting?
Council Member Bagdasarian: That is and we did review that on -site, and that seemed to be the
cause of the issue.
Mayor Burk: All right. Do you all consider that a friendly amendment?
Council Member Steinberg: Well, I just want to clarify is Councilman Bagdasarian basically offering
to amend to simply remove the existing northern path? That's the amendment -
Council Member Bagdasarian: Correct.
Council Member Steinberg: -or the friendly motion? Yes, I can accept that.
Mayor Burk: It's their motion. They overruled yours. Right now, we're looking at their motion which is
$150,000 for drainage improvements. Plus, what you're suggesting.
Council Member Bagdasarian: Mine is to --
Mayor Burk: Now, you withdraw yours.
Council Member Steinberg: Point of order.
Council Member Bagdasarian: Okay.
Mayor Burk: Yes.
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Council Member Steinberg: 1 offered an amendment to approve the MOU. We now have a second
motion to amend the approval. [crosstalk]
Mayor Burk: You did not take it as a friendly amendment -
Council Member Steinberg: It's a separate motion.
Mayor Burk: -so their motion overtakes your motion. They had a first and a second, and so we're
talking about their motion, which is the $150,000.
Council Member Steinberg: For approval of the-- okay. Thank you.
Mayor Burk: If you don't want yours to be attached to theirs, but to hear that, you have to withdraw
yours.
Council Member Bagdasarian: Okay, I withdraw mine.
Mayor Burk: Okay. All in favor-- Any other discussion on this one?
Council Member Fox: Yes. I have a question. Out of curiosity, if we consider this, where will the
funds come from?
Keith Markel: Nothing's been identified yet, so it will come from fund balance. The general fund
reserves.
Council Member Fox: Okay, thanks.
Mayor Burk: All right. We have a motion on the table made by Mr. Cummings, seconded by Mr.
Martinez. All in favor indicate by-- Yes, sir.
Vice Mayor Martinez: Well, I just wanted to mention that as I brought up the last meeting we're here
that I'm not doing this for any organization or any person. I'm doing it for the people buried in the
cemetery and respect to the African -American community and the cemetery's descendants. Those
people, I believe, need to be recognized and we need to do this out of respect.
Mayor Burk: All right. We have a motion and a second. All in favor indicate by saying aye.
Council Member Cummings: Aye.
Vice Mayor Martinez: Aye.
Council Member Fox: Aye.
Mayor Burk: Opposed?
Council Member Steinberg: Nay.
Council Member Nacy: Nay.
Council Member Bagdasarian: Nay.
Mayor Burk: All right. The ayes are Ms. Fox, Mr. Cummings, and Mr. Martinez. The nays are Mr.
Bagdasarian, Ms. Nacy, Mr. Steinberg and Ms. Burk. All right, that takes us back to our original
motion, which is yours and you would like to make an amendment.
Council Member Bagdasarian: That's correct.
Mayor Burk: -and that amendment was that you would take the trail -
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Keith Markel: The northern trail -
Mayor Burk: The northern trail and remove the --
Council Member Bagdasarian: Restore to its original state as that is problematic to the drainage
situation.
Mayor Burk: All right. Do you accept that as a friendly amendment?
Council Member Steinberg: I do.
Mayor Burk: All right, who seconded it? You do too? Okay, any discussion on this one? Mr. Martinez,
are you--? No. Okay. Mr. Steinberg? Your light's on. I just wanted-- Okay. All right. So, all in favor of
the motion that Mr. Steinberg has made with the amendment that Mr. Bagdasarian has added, please
say indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes unanimously. All right. We have some guidelines here to move
forward and try to help with the cemetery there. Thank you.
Council Member Steinberg: Thank you.
Mayor Burk: That leads us to does anybody have anything for future meetings? All right. Ms. Nacy,
you have any comments?
Council Member Nacy: No.
Mayor Burk: Okay, Mr. Bagdasarian?
Council Member Bagdasarian: No comments. Ms. Fox. Mr. Steinberg.
Council Member Steinberg: No.
Mayor Burk: Mr. Cummings. Mr. Martinez?
Vice Mayor Martinez: No, no real comments. I just wanted to do a disclosure of-- Pastor Michelle did
call me this afternoon and talked about the cemetery. It was just a telephone call and that's really
about it. Y'all have a good two weeks.
Mayor Burk: Okay. Then there's a couple-- I need to disclose that met with Mr. Wooden of Meladon
Company. He does not have an application before us, but he was curious about the application, and 1
think Mr. Steinberg would like to make a disclosure too. [crosstalk]
Council Member Steinberg: 1 forgot that I was there too. Yes, thank you.
Mayor Burk: Okay. On the 29th, we welcomed Heydari Design, which is a new women's company, we
welcome them to Leesburg, and they're located in the outlet mall. Very avant-garde, very exciting new
design. If you get a chance, stop by and see it, it's a great location. I want to congratulate the
Academies of Loudoun's flower sale, they were able to pull it off with social distancing, but they got all
the kids involved. It's a chance to participate with the growing and learning about flowers and selling
off the plants. Let me tell you, they're gorgeous.
I did a ribbon cutting with Mr. Cummings for the cookie Crumbl and if you have not been there, you
better wait a while because the lines are very long. Great location, great family. That's going to be a
wonderful addition. I joined Supervisor Umstattd in recognizing two small businesses during Small
Business Week. We recognize the Wedding Loft and Ion Training Center.
Page 331 May 11, 2021
Both weathered the pandemic and have come back even stronger. I want to welcome the OM center
on Market Street. It is a chiropractic and health Center, and it's ironically located in the old hospital
building. That, in itself, is fascinating, but it's a really innovative new practice and I welcome them.
What a wonderful family. I had a meeting with Pam Schoppert, a citizen from the Lawson Road
project. David, and 1 forget David's last name. I have to add it. That was talking about the implications
of the federal government's funding it, and what that would mean.
Held a ribbon -cutting for Heavenly Ham on the eighth. Most people don't realize that they have
sandwiches there and it's a great place. Council Member Fox joined me on that one and what a great
place that was. Council Member Steinberg participated in the dedication of the baseball field to be
named after Toby Atwell. He was the first professional baseball player from Leesburg. We've had
professional baseball players, but they weren't from Leesburg. This gentleman was the first one from
Leesburg.
A group came to me last year and asked if we would dedicate this field. It was the old high school field
by the hospital. I sent the request over to Williams who pointed out that is not a Town field and he
sent it to the County and the County sent it to the School Board. All of them work together and we
were able to dedicate the field. It was a wonderful day, but it was also a great example of the School
Board, the County, and the Town all working together and get something accomplished. Mr. Assistant
Town Manager.
Keith Markel: No comment, Madam Mayor.
Mayor Burk: No comment. Do I have a motion to adjourn?
Vice Mayor Martinez: So moved.
Mayor Burk: Okay, seconded by whom? Mr. Steinberg. All in favor?
Members: Aye.
Mayor Burk: Opposed? We are done.
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