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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 1 I Page 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. 2 I Page COUNCIL MEETING July 13, 2021 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 3 I Page COUNCIL MEETING July 13, 2021 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 4 I Page COUNCIL MEETING July 13, 2021 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. 5 I Page 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 6 I Page COUNCIL MEETING July 13, 2021 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, 7 I Page 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 8 I Page • 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. Page 21 July 13, 2021 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. Page 31 July 13, 2021 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 Page 41 July 13, 2021 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, Page 51 July 13, 2021 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? Page 81 July 13, 2021 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