HomeMy Public PortalAbout2021_tcmin0713 COUNCIL MEETING July 13, 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: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town
Manager Keith Markel, Director of Economic Development Russell Seymour, Leesburg Chief
of Police Greg Brown, Public Information Officer Betsy Arnett, Deputy Town Attorney
Christine Newton, Deputy Director of Utilities Patrick Moore, Management and Budget
Officer Jason Cournoyer, Senior Planner Lauren Murphy and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Fox.
3. SALUTE TO THE FLAG was led by Fr. Earl Mullins from St. James's Church.
4. ROLL CALL All Council Members present.
5. MINUTES
a. Work Session Minutes of June 21, 2021
MOTION 2021-129
On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the
minutes of the Work Session of June 21, 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. Regular Session Minutes of June 22, 2021
MOTION2021-130
On a motion by Council Member Fox, seconded by Council Member Cummings, the
minutes of the Regular Session of June 22, 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 July 13, 2021
6. ADOPTING THE MEETING AGENDA
MOTION 2021-131
On a motion by Council Member Steinberg, seconded by Council Member Cummings, the meeting
agenda was moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Steinberg, Vice Mayor Martinez, Nacy and Mayor Burk
Nay: None
Vote: 7-0
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. None.
9. PRESENTATIONS
a. Independence Day Parade Patriot Cup Winners—The Bubble Bug
Mayor Burk presented Mr. Michael James and Ms. Karen Hermann with the
Patriot Cup and a certificate as winners for their float at the Independence Day Parade.
Their entry was the Bubble Bug. They each made a few remarks. The cup is engraved
with their names as the 2021 winners and will be on display at Town Hall.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioner's Section was opened at 7:07 p.m.
Leslie Mandrgoc, 102 Cornwall Street NW. Spoke to Council about parking
issues on Cornwall Street and Wirt Street and the desire to have permit parking
implemented.
Mike LaChance, 205 Wirt Street, NW. Spoke to Council about parking issues on
Wirt Street and the desire to have permit parking implemented.
Ron Campbell. Spoke to Council about the need for more bus shelters, requested
additional dialogue with the Loudoun Freedom Center regarding the Sycolin Cemetery,
and asked Council to be cautious regarding an agenda item in the Rural Policy Area.
The Petitioner's Section was closed at 7:22 p.m.
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12. APPROVAL OF THE CONSENT AGENDA
MOTION 2021-133
On a motion by Council Member Steinberg, seconded by Council Member Fox, the following
consent agenda was proposed:
a. Appropriation of a Private Donation for the Police Department's K-9 Program
RESOLUTION2021-094
Acceptance and Appropriation of an Anonymous Private Donation of$15,000 to
be Utilized for the Police Department's K-9 Program
b. Sewage Sludge Stabilization and Disposal Service
RESOLUTION2021-095
Awarding a Task Order for the Sewage Sludge Stabilization and Disposal Services
to Synagro Central, LLC in the Amount of$250,000
c. Authorization to Enter into Encroachment Agreement with JEN VIRGINIA 8
LLC
RESOLUTION2021-096
Authorization to Enter into Encroachment Agreement with JEN VIRGINIA 8
LLC
d. Mason Enterprise Center—Interim Memorandum of Understanding and Lease
Extension
RESOLUTION2021-097
Authorizing Interim Memorandum of Understanding with George Mason
University for Mason Enterprise Center-Leesburg
and
RESOLUTION2021-098
Approving 2nd Lease Amendment and Extension Agreement with Virginia Heritage
Properties, LLC
e. Appointment to the Commission on Public Art
RESOLUTION2021-099
Appointing Amy Manson to the Commission on Public Art
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f. Creative Community Partnership Grant Amendment
RESOLUTION2021-048(Amended)
Authorization to Apply for the Creative Community Partnership Grant through the
Virginia Commission for the Arts and Providing for the Distribution of the Grant
Funding and the Town Matching Funds to Certain Independent Organizations
g. Appointment to the Planning Commission
RESOLUTION2021-100
Appointing Richard Lanham to the Planning Commission
h. Establishing a Pilot Program for Murals on Private Buildings
RESOLUTION2021-101
Establishing a Pilot Program Allowing Murals on Certain Private Property
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. Water and Sanitary Sewer Service Extension Approval to Virginia Tech
Marion DuPont Scott Equine Center
MOTION 2021-134
On a motion by Council Member Steinberg, seconded by Council Member
Bagdasarian, the following was proposed:
RESOLUTION2021-102
Conditional Approval of Water and Sanitary Extensions to Virginia Tech Marion
DuPont Scott Equine Center
Mr. Patrick Moore presented Council with the request for approval of a
water and sanitary sewer service extension to the Virginia Tech Marion DuPont
Scott Equine Center. Council and staff discussed the request. Staff noted that the
Town is permitted to serve these uses according to the Loudoun County Comp
Plan and as long as Loudoun County deems it as a public use and/or if there are
risks to public health and safety. Mr. Moore noted that Mr. Danny Osteen,
engineer for the project, was also in attendance.
The motion was approved by the following vote:
Aye.' Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Fox, Nacy
Vote: 5-2
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b. Updating Council's Ethics Policy
MOTION
On a motion by Council Member Steinberg, the following failed for a lack of a
second:
RESOLUTION
Amending Town Council's Ethics Policy
14. PUBLIC HEARINGS
a. Appropriation of American Rescue Plan Act of 2021 Funding—First Tranche
The Public Hearing was opened at 7:34 p.m.
Mr. Jason Cournoyer presented Council with an appropriation request for the
first tranche of funding of the American Rescue Plan Act of 2021. Mr. Cournoyer
reviewed the projected revenue shortfall and how the first tranche of funds could be used
to replace the lost revenue.
Public Speakers:
There were no speakers wishing to address this public hearing.
The public hearing was closed at 7:36 p.m.
MOTION 2021-135
On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following
was proposed:
RESOLUTION2021-103
Supplemental Appropriation for the first Tranche of American Rescue Plan Act of 2021
Funding in the amount of$2,963,836.50 for Reimbursement of Eligible Lost Town
Revenue Attributable to the Economic Impacts of the COVID-19 Pandemic
The motion was approved by the following vote:
Aye: Bagdasari an, 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.
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COUNCIL MEETING July 13, 2021
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
Council Member Fox disclosed that she had a meeting with Mr. Brian Cullen and his
staff for the Virginia Village Project. Council Member Fox also disclosed she had a meeting
with Mr. Ron Campbell and Mr. David Gregory regarding Graydon Manor and that she met
separately with Mr. Ron Campbell regarding the Sycolin Cemetery.
Vice Mayor Martinez noted he was having difficulty adding his signature to a PDF
version of the disclosure form and asked staff to coordinate IT support. Vice Mayor Martinez
disclosed he met with Mr. Brian Cullen with Keane Enterprises and their associates along with
Planning Commission Chair Gigi Robinson and staff. Vice Mayor Martinez requested the
elimination of time limits at Council Work Sessions. Council Member Fox confirmed with the
Clerk that this would not affect the preparation of the minutes.
It was the consensus of Council to remove time limits from Council Work Sessions. Legislation
amending Council Rules to be presented at the next Council meeting.
Council Member Bagdasarian disclosed he met with Mr. Brian Cullen and Keane on the
Virginia Village Project. Council Member Bagdasarian also disclosed he met with Mr. Greg
Wigfield regarding Greenway Manor. Council Member Bagdasarian disclosed that he met
with Pastor Michelle Thomas, Ms. Carmen Felder, Mr. Shawn Perkins the artist and COPA
Commissioner Elizabeth Ransom at River Creek to visit the site of Mr. Bazil Newman and the
scene of the proposed Underground Railroad mural project for the Loudoun Museum building.
Council Member Nacy disclosed she met with Mr. Brian Cullen and EDC
Commissioner Marantha Edwards about the Virginia Village application. Council Member
Nacy disclosed she met with Mr. David Gregory about potential partnerships and relationships
with the Town and with Mr. Ron Campbell regarding Loudoun Freedom Center and the
Sycolin Cemetery.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk disclosed that she met with Mr. Carl Gustafson and his wife about his
townhouse project in Leesburg. Mayor Burk said she joined the volunteers and family members
of the Turner family as they moved into their new home that Habitat for Humanity
rehabilitated for the family. Mayor Burk joined Hillsboro Mayor and Town Council for their 4th
of July celebration. Mayor Burk noted Miss Amelia Brown joined her as Mayor for a Day and
they toured Town Hall, the Water Plant, participated in the overpass ribbon cutting and went to
the Leesburg Airport to have lunch at Pro Jet where they simulated a plane ride and took a ride
in a real plane. Mayor Burk said she toured the Douglass School reconstruction site and it was
great to see the renovations and the plans that are in place to preserve the history of the school.
Mayor Burk noted she participated in a ribbon cutting for Ordinary Art in Leesburg which is a
gallery and studio on King Street owned by Mr. Luke Mason and Ms. Sharon Virts. Mayor
Burk shared that the Town held a ribbon-cutting for the new bus shelter on Edwards Ferry
Road. Mayor Burk said she, Council Member Cummings and Council Member Fox welcomed
Bespoken Books to Leesburg. Mayor Burk said that on July 3`d, the Town kicked off the Arts
and Cultural District where she was joined by Council Member Cummings. Mayor Burk said
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the banners are up and around Town with the help of COPA and the Friends of Leesburg
Public Art. Mayor Burk said the Mobile Virginia Art Museum stopped in Leesburg for two
days and that about 700 local residents stopped by for a visit. Mayor Burk thanked the Parks
and Rec, Public Works and Police staff for making the parade a huge success and noted the
fireworks were spectacular. Mayor Burk said she commemorated the fifth anniversary of Pure
Bane studio and gave a proclamation to retiring Dr. Keith Belote for his 43 years as a physician
here in Leesburg. Mayor Burk added that the Loudoun Douglas Alumni Association invited
her to their annual picnic which was well attended. Mayor Burk said the monthly meeting of
COLT was scheduled for July 14 and encouraged anyone that has items for her to share with
the other local Mayors and Towns to let her know. Mayor Burk said she would be traveling to
Charlottesville the following week to attend the VML Mayor's meeting and reminded Council
Members to sign up to attend the VML Conference that will be held in Leesburg in October.
19. TOWN MANAGER COMMENTS
Mr. Dentler commended staff for their efforts and Council for participating in the
July 4th activities.
20. CLOSED SESSION
a. Land Acquisition, Pending Litigation/Annexation and/or a Boundary Line
Agreement with respect to the JLMA and Town Attorney Performance Evaluation
MOTION2021-136
On a motion by Mayor Burk, seconded by Council Member Cummings, the following was
proposed.•
I move pursuant to§§2.2-3711(A)(1), 2.2-3711(A)(3), 2.2-3711(A)(7)and 2.2-3711(A)(8)of
the Code of Virginia that the Leesburg Town Council convene in a dosed meeting for the
purpose of discussion and receiving information regarding the potential acquisition of real
properties for a public purpose;consultation with legal counsel and briefings by staff members
pertaining to the pending litigation of Town of Leesburg et al v. Loudoun County et al,
Loudoun County Circuit-4- Court No. 19-1768 where such consultation in open session would
adversely affect the negotiating or litigating posture of the Town;and consultation with legal
counsel regarding specific legal matters requiring the provision of legal advice by such counsel,
and pertaining to a potential annexation and/or boundary line agreement with respect to the
JLMA;and for the purpose of discussing the annual performance of the Town Attorney.
Members of the Board of Architectural Review have been invited to attend the closed session
related to the acquisition of real property.
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
Council went into Closed Session from 7:49 p.m. to 9:09 p.m. Members of the
Board of Architectural in attendance for the Closed Session: Chair Teresa Minchew,
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COUNCIL MEETING July 13, 2021
Board Member Helen Aikman, Board Member Julie Pastor and Board Member Donald
Scheuerman.
Council reconvened in Open Session at 9:09 p.m.
MOTION 2021-137
On a motion by Mayor Burk, the following was proposed:
In accordance with Section§2.2-3712 of the Code of Virginia, I move that Council certij,to
the best of each member's knowledge, only public business matters lawfully exempted from
open meeting requirements under Virginia Freedom oflnformation Act and such public
business matters for the purpose identified in the motion by which the closed meeting was
convened were heard, discussed or considered in the meeting by Council. (ROLL CALL
VOTE)
The motion was approved by the following roll call vote:
Vice Mayor Martinez—aye; Cummings—aye; Steinberg—aye;Fox—aye;Bagdasarian—
aye;Nacy—aye;Mayor Burk—aye;
Vote: 7-0
21. ADJOURNMENT
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was
adjourned at 9:11 p.m.
/-3.0_,_„„4._
Kelly :u i ► ayor
Town of Leesburg
ATTEST:
Clerk of Council
2021 tcmin0713
I
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•
July 13,2021 —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 retain d for three calendar years after a meeting per Library
of Virginia Records Retention guidelines.)
Mayor Kelly Burk: Oh, I should turn my mic on I would like to call to order this July 13th, 2021 meeting of
Leesburg Town Council. If anyone in the room needs hearing assistance, please see the Clerk. Council
Member-- Well, no, it's actually Reverend, F ther Earl Mullins from St. James Church, will do the
invocations followed by a Council Member Fox who will do the pledge of allegiance. Father Mullins, would
you like to come up to the microphone?
Father Earl Mullins: Thank you. I'm sure you all have had busy day. Let's just take a short moment just to
silence and quieten ourselves a bit. God of our ordinary days and nights. God of extraordinary times, this
day we pray, thanking you for the gifts of this day, of this Town government, for honest and trustworthy
officials, for the people of Leesburg, Loudoun Bounty, and for the Commonwealth of Virginia. Guide our
discerning and our deciding. Tune our hearts to the murmuring both a peace and of disquiet so that aware
of risk and a promise we move trustfully into th future. Cloud our eyes to know what we need to leave,
what to seek, and what to hold for the journey that we might find our feet on the right track walking the
merciful path led by your unerring spirit. We ask all that we ask in your holy name. Amen.
Mayor Burk: Thank you very much for being wi h us tonight. Council Member Fox.
Council Member Suzanne Fox: Please stand. I pledge 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 tha all members of Council are here tonight. We have no one
participating electronically. I do have minutes, -gular work session minutes of January 21st. Excuse me,
June 21st, 2021. Do I have a motion?
Council Member Ara Bagdasarian: So moved
Mayor Burk: So moved by Council Member Bagdasarian, second?
Council Member Kari Nacy: Second.
Mayor Burk: By Council Member Nacy. All in f-vor, indicate by saying aye.
Council Members:Aye.
Mayor Burk: Opposed. That's seven zero. Reg lar session minutes of June 22nd, 2021.
Council Member Fox: So moved.
Mayor Burk: Moved by Council Member Fox. Second?
Council Member Zach Cummings: Second.
•
•
•
Page 11 July 13, 2021
Mayor Burk: Seconded by Council Member Cummings. He got there first. All in favor, indicate by saying
aye.
Council Members: Aye.
Mayor Burk: Opposed. That's seven zero. Do I have a motion to adopt the meeting agenda? Sorry.
Council Member Neil Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second?
Council Member Cummings: Second.
Mayor Burk: By Council Member Cummings. Any additions or deletions? All in favor indicate by saying
aye.
Council Members: Aye.
Mayor Burk: Opposed. That's seven zero. We have no certificates of recognition or presentations or
proclamations, but we do have a presentation of our wonderful trophy that is the Independence Day Patriot
Parade, Patriot Cup winner, the Bubble Bug. I'm sure you all saw it because it was very hard to miss as is
their occupants that are here tonight. Karen Hermann and Michael James, would you please come up so I
can present this to you? On behalf of [unintelligible], we have the opportunity to present to you this
recognition of a trophy [unintelligible] put on. Would you like to hold it and face the camera? Not hold it
too long because it's going to [unintelligible] back.
[laughter]
Michael James: One of the perpetual awards that you get for a moment.
Mayor Burk: Yes, that's it. [unintelligible]. All right, and your name will be inscribed on it.
Michael James: We got it[unintelligible].
Mayor Burk: Oh, it is on there.
Karen Hermann: It's beautiful. That is wonderful.
Mayor Burk: I should be speaking into the mic. I'm sorry. That was really neat. This was an opportunity.
They've been doing this for a couple of years and they've never been recognized before and their kids
always went with them, always came along, a lot of kids are all gone and they get the award. We got the
key. Would you like to say anything about your float and how excited you are that you won this?
Michael James: No, just we are really excited. Honestly, we really were very, very, very excited. We've
done this for a lot of years. We liked the fact that it's just us. It's really just the two of us getting in a car,
decorating it, and being in the parade. We found out in 2017 that all I had to do was fill out a form.
Unfortunately, we've told everybody else that too. Thank you.
Karen Hermann:We love it every year.
Michael James: We really appreciate it, we love it.
Mayor Burk:We love that you participate and that's great.
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Karen Hermann: Thank you.
Mayor Burk: Let me give you this certificate that you can hang on your wall and remember that you won.
Karen Hermann: Thank you.
Michael James: All right. Thank you very much, we really appreciate it.
Mayor Burk: Thank you all.
Karen Hermann: Thank you. Thank you, Mayor.
[applause]
[laughs]
Mayor Burk: Does anyone have any regional commission reports? Petitioners? Do we have anybody
signed up to speak tonight? She's getting it after you've signed up[laughs]. Thank you. That was very good
to raise your hand. We have three speakers tonight. Leslie Mandrgoc.
Leslie Mandrgoc: [inaudible]
Mayor Burk: I was close. Come on up and you'll be followed by Mike LaChance. Please come on up.
Leslie Mandrgoc: I apologize, I sent out the email and I thought it sent earlier today, it did not[inaudible]
Mayor Burk: That's fine. Good. The mics are right there.We want everybody in TV land to hear you.
Leslie Mandrgoc: I'm just going to summarize my email because it's lengthy, but when you get a chance
if you can read it. Thank you for taking the time to listen to us. I recently moved to Leesburg a month ago.
I was in Ashburn for 20 years. I'm really happy with the Town and I love being able to walk places and the
people. The only thing is the parking. My house is on the corner of Cornwall and Wirt Street. I didn't realize
that when I first moved in, I was like, "Where are all these cars coming from that are parked on Cornwall?
These can't be my neighbors." I realized it was the Town people that were Town workers coming and
parking there because they didn't want to park in the parking garages and pay.
I just thought to myself, "This doesn't seem right. They're coming in from out of Town, maybe not always,
but we're paying the taxes on these properties to support the city and then they're parking all over the place
like on Cornwall and Wirt Street."The biggest point I had was--I approached Kaj with the petition for permit
parking on Cornwall between Wirt and Liberty. Also, Mike approached for permit parking on Wirt Street
from Cornwall to Liberty. He came back and said, "You all have driveways." The thing he didn't really
understand was, and I wrote him back was my driveway backs up into a car because, on Wirt Street, it's
one way. Then people park right at the end of the driveway.
When you try to get out of the driveway there cars, you almost like back into a car. I tend to park on the
street because of that reason. I know with Mike, they have a shared driveway. I did a little investigating. I
spoke with Eddie, I think his last name is Brown, the assistant superintendent to streets. He told me that,
that stipulate of having a driveway didn't really make sense because there were several streets that were
permit parking that had garages in the back and parking and driveways, et cetera. I don't want to be the
one that moves into this Town and it's like, everyone refers to me as a pain in the butt. I want to do what--
I feel like, for my neighbors and myself,we're just very frustrated and I've had some really rude out of Town
worker guy that almost had an altercation with me Calvin was laughing on the phone when I told him.
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Because I was trying to pull in front of my house and he was trying to back in and you can't park past the
no parking from here to corner.
My stance is, if we do the permit parking from eight to five during the week, it's not going to cut down on
people going to restaurants and shopping. I know that there are three parking garages currently. Eddie said
they're never full and there's also a fourth one being built. Cornwall, and Wirt are probably the nicest streets
in downtown Leesburg. Being a property owner and spending too much on the house, I don't want the value
of the neighborhood to depreciate because there's nowhere to park. I have people come by to see me and
they're like, "Oh, I didn't come by because there was nowhere to park. It's jammed."
The other day, I went to the doctor and I came back and it was line to line, eight o'clock, awful. I sent in the
email pictures that I took of the cars. It's not that I have anything against the Town workers at all. I just feel
it would make more sense if they parked in the garages, versus parking where the residents need to park.
I get that we're in downtown, but all of Cornwall on the Northeast side is permit parking. I drove through
there and there's lots of driveways and big garages in the back, and Liberty always has spots. It has permit
parking and there are driveways along that. I feel like the rules need to be consistent among everyone. I
appreciate you reading my email and looking at the pictures and really considering my petition. Let me
know if there's any other information or neighbors that I need to get in here to back up my request.
Mayor Burk: All right. Thank you very much. Thank you for coming. Mike LaChance will be followed by
Ron Campbell.
Mike LaChance: [inaudible]
Mayor Burk: You can give that to the Clerk and she will hand them out.
Mike LaChance: [inaudible]
Mayor Burk: Yes. She'll be happy to hand them out to us so you can.
Mike LaChance: First of all, again, thanks for entertaining the opportunity to be here. I was unfamiliar with
the process and was informed by Kaj today that this may be unnecessary but figured since we prepared
and gotten on the agenda, we'd start. If my wife were here, she'd be making a petition to change this from
a town or city to a village. We moved here two-ish years ago, a little two and half years ago, and love it. It's
awesome, including a lot of the Town services and what have you. The first year, we didn't have issues
with parking because Kevin and I, that's my neighbor next door, who I share a driveway with, we filled our
garages.At the very end of the driveway, right before you go into your garage, you can squeeze in two cars
and sometimes three.
It's nice because we were able to make that work but once we did clear the garages, once one person
parks in one garage, no one can park on the driveway. There's no room to back out. It truly is a shared
driveway. We were also told by Griff who is at 109 I believe, that the original layout for the homes there
were to include a driveway wide enough for cars to pass. I trust you all can read and read the email and
read what we passed out. The bottom line is we have an unusable driveway with the exception of access
to our garages. That means two things. Once one person parks in the garage, no one can park on the
driveway. I have a car that doesn't fit in the garage and that doesn't work for visitors or contractors, and we
don't have the option.
It sounds strange, but if you don't have a garage but say you've got two side-by-side parking spaces, you
can go park elsewhere. My wife and I are more than willing to fight for parking places, but we can't clear
the driveway for our visitors or our contractors. As I mentioned, Kevin has a disabled son who frequently
requires services. I won't bore you with the long story, but sure enough, on the day that I show up here,
Kevin had housemates come in, they park on the driveway because there is no parking available and their
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car broke down. Someone came to rescue them. Then a hook and ladder came and they couldn't get in
and they had to wheel the car out.
The good news is Kevin and I are great neighbors. He'd lend me his car if he had to, but we're happy to
fight for parking places but it really is a challenge. If you look at the diagram,you'll see that we're surrounded
by areas that there is restricted parking. Hence we and our visitors cannot park there. Then also given our
locale to the center of Town, the first shot is where we are. Just this morning, the very first car that pulled
in was before eight o'clock, put up a sunshade, and didn't leave until 2:00. It's not someone going to have
a meal downtown.Then finally on the weekends and after hours, more than willing, there's nothing we want
to see more than a vibrant downtown. This is really about whether it's you all, or it's just playing by the rules.
Having a two-car garage is awesome, accessing it via the shared driveway it makes it nearly impossible.
All we ask is that we get the same consideration for those around us that have. It's interesting to see over
on-- I'll get the streets wrong, but I think North, there's always parking available over there and there never
would be on our street, we fill the street.When we don't fill the street, it's filled with people who are in Town.
Again, we want to see a vibrant downtown more so than anybody. It's a shame to see some of the shops
open and close. We want to see that vibrant, but we again appreciate you all hearing us out. Like Leslie,
love to hear any questions you may have. These are related, but separate requests.We know that Kaj and
Calvin will be working with us. Thank you very much.
Mayor Burk: Thank you. Thank you very much for coming in. Ron Campbell.
Ron Campbell: Good evening. It's kind of ironic that I'm here tonight. A place where I stood about 2012, I
believe. It was a woman who's no longer here,Ann Robinson passed in 2016 and the issue was bus shelters
and advocating for bus shelters. It didn't seem like it was too difficult a task to talk about a human need and
a human condition and how we support our members of our community at these bus shelters. While
certainly grateful for the addition of a new bus shelter last week, there is a lot more work to be done in this
community when there's so many others that need to be served. Hopefully, this Council will see fit to look
at funds other than just what's provided by Loudoun County to take care of human needs.
The other voices I'm here to represent tonight are voices that have been long gone. Some died in the 1800s,
1900s. They were enslaved, they were free, but they were also brothers and sisters and regular human
beings and fathers and mothers and sons and daughters. They were also citizens. Citizens of Leesburg,
citizens of Loudoun County. They contributed greatly to the growth of this Town and this community. Last
night, I believe there was a denial of their humanity, not a responsibility of The Loudoun Freedom Center
but a responsibility of this Council to look at its participation and how to help properly memorialize the lives
of so many lost in a proper burial ground. I say proper because, for the last 30 years under Town ownership,
it has not been properly maintained. Damage has been done and damage continues.
The Loudoun Freedom Center in 2015 brought this to the attention of the Town, it was determined it's not
a Town responsibility or one the Town wants.That's 2015. It's now 2021 and we are still trying to accomplish
what we thought was an easy process then. When we look at financial responsibility about moving forward
and what that should be, The Loudoun Freedom Center did not propose a number. It agreed that there
should be some financial responsibility on the part of the Town to support community members in a way
different than any other group that could ever come before you because this is yours. These are your
citizens. This is your community. The descendants, the families still live here and need to be properly
honored and respected.The Loudoun Freedom Center wants to take the leadership to properly memorialize
a burial ground, not unusual, historic burial ground, not unusual.
It has been our work, our duty, our responsibility to bring that to the attention of others. We have not taken
every project. We've worked in partnership with every community that wants that responsibility. This
community and this Council decided it did not. What's the financial responsibility? What's the financial
obligation?We don't know what a difference your financial contribution can make. I can tell you it can make
a difference.We don't know how much work is there to simply say,we're just going to take the responsibility,
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take the land, and then just do all the that has to be done as a part of this community and do that without
this community is a disservice to generations.
It's a shame because that's a part of the story, the narrative that, that will be the legacy of this generation
and maybe future generations. All we ask is that there'd be respectful conversations, there'd be respectful
decisions, respectful being, we're not petitioners. We are partners in this. How do we have give and take?
How do we have questions and answers? How do we come to a reasonable decision about what should
be done?You're doing that without the partner. That just doesn't make sense as a matter of--you've heard
me say too many times, as a matter of process that should be engaged in. I'll hope you'll take very seriously
the fact that we are going to continue our process and continue to encourage this County, this Town, and
this community to really look at the proper memorialization of the Sycolin burial grounds.
Then the last thing I'll say, just simply, rules matter, and policies matter. I know you have an item on your
agenda tonight to talk about some action in a rural policy area. As a member of Council, I certainly was on
the other side when there was certainly much negative conversation about even the consideration of any
action in the rural policy area. Words matter, actions matter. I just caution you to carefully consider the
history. Don't take what you either hear tonight, learn tonight be cautious about actions, about what you do
tonight because it has serious consequences to others who have been denied because simply they have
not been liked. I hope you will continue like and to support the Loudoun Freedom Center. Thank you.
Mayor Burk: Thank you, Mr. Campbell. Is there anybody in the audience that did not get the opportunity
to speak that would like to speak now? All right. I don't see anyone, so I will close this petitioner section
and that takes us to the approval of the consent agenda. I will read the titles on the consent agenda and
then ask for a motion and a second and if anybody wants anything and removed. 12A is the Appropriation
of a Private Donation for the Police Department Canine Program. B is the Sewage Sludge Stabilization and
Disposal Service. This is Awarding a Task Order. C is Authorizing to Enter into an Encroachment
Agreement with Jen Virginia Eight LLC. D is the Mason Enterprise Interim Memorandum of Understanding
and Lease Extension.
C is the Appointment of Amy Mason to the Public Arts Commission. F is to Create a Community Partnership
Grant Amendment, G, F, G Appointment to the Planning Commission of Richard Lanham. H is the
Establishment of the Pilot Program for Murals on Private Buildings. Is there a Motion to accept that?
Council Member Steinberg: So moved.
Mayor Burk: Moved by Council Member Steinberg. Second?
Council Member Fox: Second.
Mayor Burk: Second by Council Member Fox. Are there any items that you wish to have removed? All
right. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed?That passes seven zero. That takes us to our resolutions. Do I have a motion for
13A, which is the Water and Sanitary Sewer Extension Approval to Virginia Tech Marion duPont Scott
Equine Center?
Council Member Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second?
Council Member Bagdasarian: Second.
Page 61 July 13, 2021
Mayor Burk: Seconded by Council Member Bagdasarian. Is there a presentation on this tonight?
Patrick Moore: Good evening. Madam Mayor and Members of Town Council. I'm Patrick Moore. I'm the
Deputy Director of Utilities for the Town. Tonight, I'm here asking on behalf of the Virginia Tech Marion
duPont Scott Equine Center for approval of extension of services to the equine center, who is a current
customer for the Town of Leesburg. The background, in 1983, the Town did grant sanitary sewer service
to VPI, Virginia Tech, for the purpose of serving them water and sewer. The permits that have been
purchased and issued to the equine center equate to about 4,666 gallons per day of sanitary, sewer, and
water flows.
This property is located in the RPA but it is an institutional use, which we believe it to be an institutional use
and it has been categorized as such from the beginning of it being used. The Town is permitted to serve
those uses according to the Loudoun County comp plan and as long as Loudoun County deems that as a
public use or the other use that we can be served in the RPA is if there are risks to public health and safety.
Those are the two purposes that we can serve in the RPA.
The plant capacity will handle this request. The request is a minimum request for 350 gallons per day of
flow. It's the least that can be issued but the Equine Center is probably not going to need much. I think they
need a hose bib and a sewer drain in order to take care of lame horses in their newly constructed lameness
center. Those projections were calculated based on water demand and sanitary sewer flows. The slide
itself you see before you, the proposed building is on the southeast side of the existing facility. According
to our Code, Town code, we do need your approval to extend both water and sewer at this location.
The conditions are critical for the Town as well that are included in the resolution. With this resolution, the
Equine Center has agreed to grant future easements to the Town for access from Ida Lee park over to
Morven Park and they've also allowed the resolution to include or requested in the resolution that the
easements for a future Morven Park Road Project be included for relocation of the sanitary sewer that's
private now and it will be relocated.
Loudoun County does have some conditions of approval that they have not yet solved but the applicant is
concurrently seeking a special exception approval and a commission permit and then the applicant also
must verify and validate that this is a public use. With that, the Utilities group stands ready to answer any
questions you may have regarding the extension of these services.
Mayor Burk: Okay. Thank you. I have a couple of questions. Has this project been approved by the County
yet?
Patrick Moore: No ma'am. It has not.
Mayor Burk:Why are they coming before Town Council before they get the approval of the County?
Patrick Moore: Because the applicant had gone through a site plan review process and based on the
categorization of the use, it was deemed that it would be typically something that would be approved. I think
the applicant was a little bit surprised that they have to go through now a special exception process so
they're a little bit out of sequence in how they would normally go through those County approvals. What
we're asking is that we give them the contingent approval for the extension now but it's solely based on the
County's approval. If the County does not approve, then there is no extension of service.
Mayor Burk: All right. Thank you. Does anyone else have any questions? Mr. Steinberg?
Council Member Steinberg: Thanks for the presentation. Out of curiosity, this is a minimal increase in the
capacity. It's in the RPA. Should at some future point, the property be sold to a private interest, for example,
Page 71 July 13, 2021
the Town would continue to serve at that rate and would not be obligated to serve at any higher rate should
the use no longer be deemed a public use-
Patrick Moore: That is correct.
Council Member Steinberg: -or used for public good or institutional. That's correct?
Patrick Moore: Yes sir.
Council Member Steinberg: Okay, thanks.
Mayor Burk: Mr. Vice Mayor.
Vice Mayor Fernando "Marty" Martinez: In the past, we've talked about other applications in the Rural
Area. How does this differ?
Patrick Moore:This is different from staffs opinion, in that this use as we understand it, meets the Loudoun
County comprehensive plans code and their guidance.
Vice Mayor Martinez: Okay. The other one question I have is getting the Town approval, will that help the
County's approval along? In other words, you're saying its contingent but if the County looks at us already
approving it, does that give them an incentive to approve it?
Patrick Moore: I'm uncertain of that sir. I don't know the answer. I think the County is using a separate
track.
Vice Mayor Martinez: Mutually exclusive approvals.
Patrick Moore: Yes sir.
Vice Mayor Martinez: Okay.
Mayor Burk: Is that correct Mr. Spera?
Christopher Spera: I did have an extensive conversation with representatives from the County attorney's
office, they were fine with us proceeding in this way. They didn't think it was in any way prejudicial to their
process. They called me and said, this was the process they wanted to go through. They wanted the
applicant to seek the special exception, and they had no issue with our going forward so long as it was
contingent.
Vice Mayor Martinez: I didn't want one dependent on the other. I think they should be mutually exclusive.
Thank you.
Mayor Burk: Anyone else have a question at this point. Ms. Fox?
Council Member Fox: No question. Just a comment. We do have another current customer who was
denied requests.We basically said, staff said,we're in the RPA. I get the institutional use proviso there. I'm
not concerned about the Loudoun County comprehensive plan. I'm concerned the fact that staff was very,
very-- bent over backward to say we don't have the capacity, and tried to convince us that we didn't have
capacity when only sewer was requested. I see this as the same thing and I won't be supporting this.
Mayor Burk: Anything else at this point?Thank you. Is there anybody in the audience?
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Chris Spera: It's a resolution.
Mayor Burk: No, this is not a public hearing, I'm sorry.
Patrick Moore: I should mention before I leave that we do have Danny Osteen that the engineer for traffic
engineering here as well, who made the application on behalf of the equine center?
Mayor Burk: Did you have a presentation sir that you wanted to? No, okay. Is there's no one else. Is there
any motion at this point?Where is the motion?
[background conversation]
Chris Spera: Mr. Steinberg made a motion.
Mayor Burk:Thank you for keeping me honest.You're right. Council Member Cummings made the motion,
and it was seconded by--
Chris Spera: Mr. Steinberg.
Mayor Burk: Good golly. Council Member Steinberg made the motion, and it was seconded by?
Chris Spera: Mr. Bagdasarian.
Mayor Burk: Council Member-- I got the Bagdasarian correct. You'll be happy to know that. I apologize.
Being that there's no more discussion all in favor, indicate by saying, aye. Opposed? I'm sorry. I couldn't
hear very well. I'm going to go through the list. Ms. Fox is nay. Mr. Steinberg?
Council Member Steinberg: Aye.
Mayor Burk: Mr. Cummings?
Council Member Cummings: Yes.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: Yes.
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian: Yes.
Mayor Burk: Ms. Nacy?
Council Member Nacy: Nay.
Mayor Burk: I'm a yes so that passes. Updating the Council's Ethics Policy. Do we have a presentation on
that one? Well, I just want to see you if we had the presentation. Excuse me. Is there a motion to update
the County's Ethics Policy? Councils. Did I say County?Yes, Council's. I'm not doing well tonight.
Council Member Steinberg: So moved.
Mayor Burk: Council Member Steinberg. Second? Nobody seconds? I guess it doesn't go anywhere
[laughs]. Sit back down. All right, now we do have a public hearing. I call to order this July 13th, 2021 public
Page 91 July 13, 2021
hearing of the Leesburg Town Council. Unless there's an objection I will dispense with the reading of the
advertisement.
All members of the public are welcome to address Council on any item before us tonight. If you wish to
speak, we ask that you either sign up on the sheet in the hallway outside of Council Chamber or if you did
not get the opportunity to sign up, we will give you the opportunity to speak. Please identify yourself and, if
comfortable doing so, give your address for the taped record.Any public speakers will be requested to state
their names and spell it for purposes of closed captioning. In the interest of fairness, we also ask that you
observe the five-limit time limit.
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. 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 a group, the Council will allow
a spokesperson for the group, a few extra minutes.
In that instance, we will ask the speakers when they sign up to indicate their status as spokespersons, the
group they represent, and the request for additional time. Our procedure for the public hearing is this. First,
there is a brief presentation by staff about the item before us. Second, the applicant, if there is one, we'll
have 15 minutes to present the case. The third, members of the public that have signed up to speak will be
called and given five minutes. At any time-- Excuse me. Hello, you're going to be giving the presentation?
Jason Cournoyer: Yes ma'am.
Mayor Burk: Okay. This again is the appropriations of the American Rescue Plan Act of 2021. This is the
first tranche.
Jason Cournoyer: Tranche. Yes ma'am.
Mayor Burk: I love that word.
Jason Cournoyer: Well, good evening Madam Mayor and Council Members and those watching from
home. My name is Jason Cournoyer, I'm the Town's Budget Officer. I have a brief presentation to walk you
through a recap of what all I will refer to as ARPA, which is the American Rescue Plan Act of 2021. First,
the Town of Leesburg was designated as an entitled community, which means we are eligible for direct
recipient of CDBG funding. Therefore, we were part of the Treasury's Department's formula for funding
allocation that resulted in an allocation of$5.93 million, which is going to be distributed in two halves or two
tranches. The first being received this past June, and the second being received no earlier than 12 months.
Within the ARPA legislation, there are some restricted uses of the funding for public sector including the
support of COVID-19 response, the economic stabilization for our households and businesses, and the
proposed use this evening to replace lost public sector revenue, as well as provide premium pay for
essential employees, and then water and sewer, and broadband infrastructure or capital spending. The
Treasurer did give a formula, gave guidance on how to calculate the lost revenue, it's on a calendar year
basis.We have gone through that.This is the first iteration of what we think these Treasury guidances could
be.
At this time,we can tell you that we have calculated under the existing formula about a$6.4 million revenue
loss, which exceeds the first tranche allocation of $2.96 million. This evening we're asking or proposing
Town Council considers using the ARPA funding, again, to replace this lost revenue over this past year.
This provides the Council the most flexibility going forward. Since this is an eligible use of ARPA funding, it
would be designated as been used and then becomes available for Town's discretionary funding.With that,
Page 101 July 13, 2021
Madam Mayor, this is the proposed motion tonight, it is to give a supplemental appropriation to the fiscal
year'22 budget in order to recognize the revenue as proposed.
Mayor Burk: Are there any questions at this point, Ms. Fox?
Council Member Fox: No, I just wanted to move the motion.
Mayor Burk: Let's see if we can get the questions if anybody has questions first. Everybody is okay? Ms.
Fox, back to you.
Council Member Fox: Do I have to--
Mayor Burk: Would you read the motion, please?
Eileen Boeing: We have to take public comments.
Mayor Burk: That's right. We have to do the public comments.There's nothing from the other side. There's
no other side. Is there anybody from the audience that would like to speak? I don't see anybody unless it's
you, Mr. Markel. At this point then I will close the public hearing and ask if there is a motion.
Council Member Fox: I'll move it.
Vice Mayor Martinez: I'm going to second.
Mayor Burk: Okay. Council Member Fox, seconded by Vice Mayor Martinez.All in favor, indicate by saying
aye.
Council Members: Aye.
Mayor Burk: Opposed, that passes seven zero. We're a seven zero night.
Vice Mayor Martinez: Can I suggest instead of tranche, try using part?
Jason Cournoyer:What is it?
Vice Mayor Martinez: Instead of using tranche, try using part of funding because some people may not
understand what that means.
Mayor Burk: It's around, isn't it?We have no unfinished business. Does anyone have a--Ms. Fox, do you
have any disclosures or agenda topics?
Council Member Fox: I do have a few disclosures. Sorry, I was right in the middle of writing them. Let's
see. I've had a meeting with Brian Cullen and his staff for the Virginia Village Project on the 23rd. On July
8th, I had a meeting with Graydon Manor, I met with both Ron Campbell and with David Gregory. Also on
the 8th, I had a meeting with Ron Campbell about the Sycolin Cemetery. That's it.
Mayor Burk: All right, Mr. Steinberg.
Council Member Steinberg: I don't have any.
Mayor Burk: Mr. Cummings.
Page III July 13, 2021
Council Member Cummings: I have one disclosure. I too met with Mr. Cullen and Marantha Edwards and
two members from Walsh Colucci about Virginia Village on the 23rd.
Mayor Burk: All right, Mr. Martinez.
Vice Mayor Martinez: Well, I've got a couple of things. I also have a disclosure. On the 8th, I don't have it
on paper, I did send it to Eileen. Also on that, the digital signatures aren't working like they should, it would
not take my password, I could not create another one. If we can bring that to IT's attention so we can work
on that.
Mayor Burk: Do you want to say what your disclosure was?
Vice Mayor Martinez: I'm getting to that. I just wanted to look for your head nod. Thank you.Yes. I did also
met with Keane Enterprises, Brian Cullen. Anyway Keane enterprises and their associates along with Gigi
Robinson, and some staff— Brian Boucher. The other comment I want to make is, in the past, we've had
time limits on work sessions because there were some Council Members that weren't considerate of other
Council Members in their comments and it ended up being very divisive.
I think we're at a point now with this Council that I would feel comfortable if we eliminated the time, and also
allow Council Members to talk back and forth to each other. An example that I have from last night is when
Council Member Nacy had a question, I didn't quite understand it. Then I would have been able to go right
to her and say, this is why I'm proposing this. I think that we can make work sessions more of a discussion
like, without time limits, as long as we as Council Members are considerate of the, say max time of five
minutes, try to stay around there and be considerate of other people's times. I would like to get support to
remove the work session restrictions.
Mayor Burk: You may have four people that would be interested.
Council Member Fox: I just have a real quick question before, because I like the idea. I'm just wondering
what effect that has on the minutes. That's all.
Mayor Burk: You had difficulty last night with people talking over each other.
Eileen Boeing: Just from a time, trying to keep the time for each individual Council Member, but I don't
believe it's going to affect the minutes themselves. Thanks.
Council Member Fox: Ok, thanks.
Vice Mayor Martinez: She can always go back to the tape.
Mayor Burk:Are there four votes to change the time?Ms. Fox, Mr. Cummings, Ms. Nacy, Mr. Bagdasarian,
and Mr. Martinez. Anything else?
Vice Mayor Martinez: No, that is all. Thank you.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Just a few items. I also met with Mr. Cullen and Keane on the Virginia
Village Project on the 8th. I also met with Greg Wigfield regarding Greenway Manor. I can't remember if I
mentioned this at the last meeting, but I also met regarding the Underground Railroad mural project with
Pastor Michelle, Carmen Felder, Shawn Perkins the artist, and Elizabeth Ransom at River Creek to visit
the site of Bazil Newman and the scene of the proposed mural for the Loudoun Museum building. That's it.
Page 121 July 13, 2021
Mayor Burk: Thank you, Ms. Nacy.
Council Member Nacy: I just have a few disclosures. I also met with Brian Cullen and Marantha Edwards
about the Virginia Village application on the second. I met with David Gregory on the 8th about potential
partnerships and relationships with the Town. Then I met with Ron Campbell regarding Loudoun Freedom
Center Sycolin cemetery on the 8th as well.
Mayor Burk: All right. I need to disclose that I met with Carl Gustafson and his wife about his project of
townhouses in Leesburg. On June 21st, I joined the wonderful dedicated volunteers and family members of
the Turner family as they moved into their new home. Habitat for Humanity rehabed the home for the family.
I want to welcome them to their new home here in Leesburg. On June 25th, I joined the Hillsboro Mayor and
the Town Council for their 4th of July celebration. Hillsboro is a lovely small Town and it was great to be part
of their celebration where I read the Declaration of Independence or a few lines of it. I want to thank Mayor
Vance for inviting me.
On June 28th, Amelia Brown joined me as Mayor for the day, and what a delightful young lady and her
mother, a lovely mother that came with her. We toured Town Hall, the Water Plant. We participated in the
overpass ribbon cutting where Amelia stole the show and went to the Leesburg Airport to have lunch at Pro
Jet and simulate a ride and a real ride in a plane. Amelia got to see the Town as many of us never do and
she was very impressed and she represented Leesburg very well. I wish her only the very best.
June 29th, I took a tour of the Douglass School reconstruction site. That buildings just screams history and
it is so great to see the renovations and the plans that are in place to preserve the history of that school.
June 29th I did a ribbon-cutting for the Ordinary Art in Leesburg, Luke Mason and Sharon Virts have a
gallery and studio on King Street. It's a wonderful place to enjoy art and purchase a piece or two. On
January 30th, we did a ribbon-cutting for the new shelter on Edwards Ferry Road. Hopefully, we will have
many more of those. On July 1st, we welcomed Bespoken Books. Council Member Cummings and Council
Member Fox joined me in this very unique bookstore that was well worth stopping. It has unique books and
it's just the cutest store. Stop in and welcome this new business. July 3rd kicked off the Arts and Cultural
District. Again, was joined by Mr. Cummings, and I'm sure you've seen the banners that are around Town
with the help of COPA and the Friends of Leesburg Public Art.
They've done a great job making art front and center. We had a visit from the Mobile Virginia Art Museum,
and it was great to see that huge trailer make it to Leesburg. Over 700 people went through that trailer in
two days. I want to thank Parks and Rec and Public Works and the Police for all the hard work to making
the parade a huge success. It was fun to be back. Then the fireworks were spectacular. Everything went
off so well and so calmly, and it was a credit to this Town staff for all of their hard work. June 7th, we
commemorated the fifth anniversary of Pure Barre studio. I remember doing the ribbon opening, the ribbon
cutting, and to see it be successful five years later is great. On July 8th, I gave a proclamation recognizing
Dr. Keith Belote for his 43 years as a physician here in Leesburg.
It's sad to lose him, but I hear that there's some golf courses that are waiting for him. He is so well-deserved
retirement. June 10th, The Loudoun Douglas Alumni Association invited me to their annual picnic. It was
well attended and it was good to see so many friends that I hadn't seen for over a year because of COVID.
This is a very special celebration, and I was glad to be able to join everybody. Tomorrow will be the monthly
meeting of COLT. If you have any messages or any items you'd like me to bring to the other Town Mayors,
please let me know.Thursday, I'll be in Charlottesville for the VML Mayor's meeting. I look forward to seeing
everyone that I haven't seen but on Zoom, so many wonderful people that love their Towns and are doing
great things for the residents. Then I just want to remind Council to sign up for the VML Conference that
will be held here in Leesburg, in October. Town Manager.
Kaj Dentler: I just want to commend staff and all of you for participating in the July 4th activities. I think we
all know that it was fantastic. It's great to have it all back. Our staff made that happen throughout the day.
Of course, the community turned out in droves. It was good to see you on the parade floats. I know from a
Page 131 July 13, 2021
conversation with a close family member who spoke with Council Member Cummings, who had ensured
him that he will make sure funnel cake line is not six miles long next year. With that, we'll look forward to
Mr. Cummings next initiative. Congratulations to the Town and your staff are doing a great job on July 4th
Mayor Burk: All right. At this point, we are going to have a closed session. Are we going to stay in here or
go in the other?
Kaj Dentler:We are staying here.
Mayor Burk: Then I will make a motion pursuant to two, and this is long. You got to be patient. Pursuant
to 2.2-3711(A)(1) and 2.2-3711(A)(3) and 2.2-3711(A)(7) and 2.2-3711(A)(8) of the Code of Virginia that
Leesburg Town Council convene a closed meeting for the purpose of discussion and receiving information
regarding the potential acquisition of real property for the public purpose.
Consultation with legal counsel and briefing by staff members pertaining to the pending litigation of the
Town of Leesburg et. al. versus Loudoun County et. al. Loudoun County Circuit Court number 19-1768
were such consultation in open session would adversely affect the negotiating and litigating posture of the
Town and the consultation with legal counsel regarding specific legal matters requiring the provision of legal
advice by such Council and pertaining to a potential annexation and or boundary line adjustment with
respect to the JLMA and for the purpose of discussing the annual performance of the Town Attorney.
Members of the Board of Architectural Review have been invited to attend the closed session related to the
acquisition of real property. Do I have a second?
Council Member Cummings: Second.
Mayor Burk: Seconded by Council Member Cummings. All in favor.
Council Members: Aye.
Mayor Burk: Opposed? Seven-zero. We will begin a closed session.
[Council convened in a Closed Session from 7:49 p.m.to 9:09 p.m.]
Mayor Burk: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify to the
best of each's member's knowledge only pubic business matters lawfully exempt from the open meeting
requirement under Virginia Freedom of Information Act in such public business matters for the purpose
identified in the motion by which the closed meeting was convened, were heard, discussed and considered
in the meeting by the Council. Mr. Martinez.
Vice Mayor Martinez: Yes.
Mayor Burk: Mr. Cummings?
Council Member Cummings: Yes.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Yes.
Mayor Burk: Ms. Fox?
Council Member Fox: Aye.
Page 141 July 13, 2021
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Aye.
Mayor Burk: Ms. Nacy.
Council Member Nacy: Aye.
Mayor Burk: Ms. Burk? Aye. Do I have to have a second? I made the motion, I need to get a second, I
didn't do that.
Vice Mayor Martinez: Second.
Mayor Burk: I made the motion. Mr. Cummings-- Was it Mr. Cummings? Mr. Martinez seconded it. We
went to the vote with everybody saying, "Aye."At this point, all in favor-- Do we do an all in favor vote?
Chris Spera: You did the roll call.
Mayor Burk: Okay. I already did it by the roll call, okay. Motion to adjourn by Mr. Martinez. Seconded by
Council Member Steinberg. All in favor.
Council Members:Aye.
Mayor Burk: Opposed.
Council Member Bagdasarian: All right.
Chris Spera: Thank you all very much.
Page 151 July 13, 2021