HomeMy Public PortalAbout2021_tcmin1109COUNCIL MEETING November 9, 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 Public Works and Capital Projects Renee LaFollette, Director
of Economic Development Russell Seymour, Director of Parks and Recreation Rich Williams,
Director of Finance and Administrative Services Clark Case, Deputy Director of Finance and
Administrative Services Lisa Haley, Assistant Town Attorney Jessica Arena and Clerk of Council
Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Nacy.
3. SALUTE TO THE FLAG was led by Council Member Steinberg.
4. ROLL CALL All Council Members present.
5. MINUTES
a. Work Session Minutes of October 25, 2021
MOTION2021-200
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the minutes
of the Work Session of October 25, 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 October 26, 2021
MOTION 2021-201
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the minutes
of the Regular Session of October 26, 2021, were moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor
Burk
Nay: None
Vote: 7-0
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COUNCIL MEETING November 9, 2021
6. ADOPTING THE MEETING AGENDA
MOTION
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the meeting
agenda was moved for approval.
Council Member Steinberg requested item 13.b. — Motion to Rescind Resolution
2021-154 be removed from the agenda and asked for a brief presentation from Town
Attorney Chris Spera on the new Federal guidance regarding the COVID-19 vaccination.
The amendment was accepted by Vice Mayor Martinez after conferring with Mr. Spera
that it was not a new item but within the context of agenda item 13.b.
MOTION2021-202
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the meeting
agenda was moved for approval with item 13. b. -- Motion to Rescind Resolution 2021-154 removed
and an update on the Federal guidelines added to agenda item 9 — Presentations.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Fox, Nacy
Vote: 5-2
7. CERTIFICATES OF RECOGNITION
a. None.
S. PRESENTATION OF PROCLAMATIONS
a. National Veterans and Military Families Month
Mayor Burk read the proclamation for National Veterans and Military Families
Month. Mr. Ray Delpesche accepted the proclamation and made a few remarks.
b. National Diabetes Awareness Month
Mayor Burk read the proclamation for National Diabetes Awareness Month. Mr.
Reid Zook accepted the proclamation and made a few remarks.
9. PRESENTATIONS
Mr. Spera provided Council with a brief presentation on the Federal OSHA regulation
issued on November 5 with regard to appropriate COVID-19 protocols in the workplace. Mr.
Spera noted it allows one of two options to employers. One is to require each employee to be
vaccinated subject only to religious and medical exceptions or require all unvaccinated employees
to be tested weekly.
Council discussed the guidance with Mr. Spera.
10. REGIONAL COMMISSION REPORTS
a. None.
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COUNCIL MEETING November 9, 2021
11. PETITIONERS
The Petitioner's Section was opened at 7:20 p.m.
Andy Blazejewski. Spoke to Council regarding the sign regulations in Town and how they
affect the awnings installed on the Red, Hot and Blue restaurant in Town.
Monty Lunt, Moutouk Ct., Leesburg. Spoke to Council in opposition of the vaccine
mandate.
Lee Phillips. Spoke to Council as a Town of Leesburg staff member in opposition of the
vaccine mandate.
Jenny Hall, Parkgate Drive. Spoke to Council in opposition of a vaccine mandate.
R.J. Hall, Montacute Lane, Leesburg. Spoke to Council in opposition of the vaccine
mandate.
Chris Rohland, Leesburg. Spoke to Council in opposition of the vaccine mandate.
Vincente Gonzales, Leesburg Mobile Park. Spoke to Council regarding the sale of the
Leesburg Mobile Home Park and asked for their support in having the potential property owner
respond to the residents' request to meet.
Cesar Chavez, Leesburg Mobile Park. Spoke to Council regarding the sale of the Leesburg
Mobile Home Park and asked for their support in identifying the other partners of the Crescent
Mobile Partners so that residents can contact them.
Erin Taylor, Leesburg Mobile Park. Spoke to Council regarding the sale of the Leesburg
Mobile Home Park and asked for Council's support to amend the Town Plan, to create a text
amendment that allows mobile homes in Leesburg, and to change the Town Plan and the
Crescent District Master Plan maps to include the Leesburg Mobile Park.
Veronica Gonzales, Leesburg Mobile Park. Spoke to Council regarding the sale of the
Leesburg Mobile Home Park and asked Council for an update on the status of request for asking
the County to donate land in the JLMA for use as a mobile home park.
Jose Monroy, Leesburg Mobile Park. Spoke to Council regarding the sale of the Leesburg
Mobile Home Park and asked Council about the closed session on the agenda and why the
residents were excluded from discussions held regarding their community. Mr. Monroy asked
that residents be included in all future discussions impacting their community.
Michael Miller, Ashburn. Spoke to Council in opposition of the vaccine mandate.
Keith Reeve. Spoke to Council in opposition of the vaccine mandate.
Julie Sprinkle, Catesby Square, Leesburg. Spoke to Council in opposition of the vaccine
mandate. Ms. Sprinkle also spoke in support of helping the residents of the Leesburg Mobile
Home Park.
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COUNCIL MEETING November 9, 2021
Cesar Frias, Leesburg Mobile Park. Spoke to Council regarding the sale of the Leesburg
Mobile Home Park and asked about the status of the discussions between the Town Council and
Loudoun County to identify a solution.
Katherine Esperanza, Leesburg Mobile Park. Spoke to Council regarding the sale of the
Leesburg Mobile Home Park and asked if there has been a response to the Town's request for the
buyer to set up an outreach and information plan/strategy with residents as well as a list of
attendees at the pre -application meeting with the Town.
Paul Coyer, Somerset Park Drive, Leesburg. Spoke to Council in opposition of the vaccine
mandate.
Mariana Gonzalez, Leesburg Mobile Park. Spoke to Council regarding the sale of the
Leesburg Mobile Home Park and asked if there have been any further communications between
Town Council Members and the buyer Crescent Mobile Partners and if there are any upcoming
meetings scheduled with the buyer.
Mark Sell, Smartts Lane, Leesburg. Spoke to Council in opposition of the vaccine
mandate.
De Mandrell. Spoke to Council regarding the COVID-19 vaccination and her battle with
Lyme disease.
Bill Fox, Morven Park Drive, Leesburg. Spoke to Council in opposition of the vaccine
mandate.
The Petitioner's Section was closed at 8:10 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION2021-203
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the following
consent agenda was proposed:
a. Refurbishment of the Sand Filter Building at the Water Pollution Control Facility
RESOLUTION 2021-165
Approving a Task Order for the Refurbishment of the Sand Filter Building at the Water
Pollution Control Facility at FHP Tectonics Corporation in the Amount of $158,550.61
b. Utility Installation Agreement for 545 Old Waterford Road
RESOLUTION 201-166
Approving a Utility Installation Agreement with Michael McDavit and Catherine Visintainer
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COUNCIL MEETING November 9, 2021
c, Offers in Compromise for Settlement of Local Taxes Due
RESOLUTION2021-167
Designating the Town Manager to Consent to the Compromise and Settlement of Claims in
Accordance with the Process Authorized by Virginia Code sS' 58.1-3994(B)
d. Designating the Director of Public Works and Capital Projects to Respond to Notices
RESOL UTION2021-168
Designating the Director of Public Works and Capital Projects to Respond to Notices under
the Virginia Condominium Act
e. Royal Street Storm Drainage Construction Contract Award
RESOLUTION2021-169
Awarding a Contract for the Royal Street Storm Drainage Improvements Project to V
Fernandes Construction Incorporated in the amount of $255,491
f. Amendments to Zoning Ordinance — Mobile Food Unit (Food Trucks) Storage
RESOLUTION2021-170
Initiation of Amendments to Articles 6 and 9 of the Zoning Ordinance to Create Use
Standards for the Storage of Mobile Food Units
g.
Initiation of Zoning Ordinance Amendments for Signs
RESOLUTION 201-171
Initiation of Amendments to Article 15 of the Zoning Ordinance to Amend Certain
Regulations for Signs
h. Appointment to the Environmental Advisory Commission (Mayor Burk)
RESOLUTION2021-172
Appointing Ami Mason to the Environmental Advisory Commission
1. Village at Clear Spring and Airport Impact Overlay District (AIOD)
RESOLUTION2021-173
Endorsement of Consolidated Comment Letter for CPAM2021-0001 Airport Impact Overlay
District First Submission to Maintain the One -Mile Disclosure Area around the Leesburg
Executive Airport
Liberty Street Parking Lot Redevelopment
RESOL UTION2021-174
Directing Staff to Proceed with a Request for Proposal for a Public Private Partnership Related
to the Potential Redevelopment of the Liberty Street Municipal Parking Lot
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COUNCIL MEETING November 9, 2021
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. Ida Lee Park Tennis Court Air Structure Project — Construction Change Orders
Ms. Renee LaFollette provided Council with an overview of the change orders and
supplemental appropriation needed for construction of the Ida Lee Park Tennis Court Air
Structure project. Council and staff discussed the item.
MOTION2021-204
On a motion by Council Member Nacy, seconded by Vice Mayor Martinez, the following was
proposed:
RESOLUTION 2021-175
Approving a Supplemental Appropriation in the amount of $250,000 to Fiscal Year 2022 And
Authorizing the Town Manager to Execute Change Order Nos. 2, 3, 4, and 5 for Construction
of the Ida Lee Park Tennis Court Air Structure Capital Improvements Project
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg, and Mayor Burk
Nay: Fox
Vote: 6-1
b. Motion to Rescind Resolution 2021-154
This item was removed from the agenda.
14. PUBLIC HEARINGS
a. Authorization of General Obligation Bond for Capital Improvements Program
The Public Hearing was opened at 8:18 p.m.
Mr. David Rose, Davenport Senior Vice President and Manager of Public Finance,
presented Council with the 2021 General Obligation Bond Request for Proposal results and
outlined the remaining steps required to proceed to closing on the bond with Atlantic
Union for various Capital Improvement Projects throughout the Town.
Council, Mr. Rose and staff discussed the financing.
Public Speakers:
There were no public speakers wishing to address this public hearing.
The public hearing was closed at 8:28 p.m.
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COUNCIL MEETING November 9, 2021
MOTION2021-205
On a motion by Council Member Bagdasarian, seconded by Council Steinberg, the following
was proposed::
I move to approve the proposed resolution to issue general obligation bond or bonds in the
maximum principal amount of $4,450,000 (the "New Money Bonds') to finance the costs of
various capital improvement projects in the Town's Capital Improvements Program and other
approved capital projects, including without limitation, projects at the Leesburg Executive
Airport (collectively, the "Projects') and the costs of issuing the New Money Bonds
RESOLUTION 2021-176
Approval of Issuance of General Obligation Bond
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. Standing Residential Traffic Committee - Amending Town Code Section 2-232
The Public Hearing was opened at 8:29 p.m.
Town Attorney Christopher Spera reviewed the proposed changes to the Leesburg
Town Code to make the Standing Residential Traffic Committee a paid commission. The
new commission name will be the Residential Traffic Commission effective upon passage
of the proposed ordinance.
Public Speakers:
There were no public speakers wishing to address this public hearing.
The public hearing was closed at 8:32 p.m.
MOTION2021-206
On a motion by Council Member Nacy, seconded by Vice Mayor Martinez, the following was
proposed:
I move to approve the proposed Ordinance to amend Town Code Section 2-232
ORDINANCE 2021-0-025
Amending Town Code Section 2-232 Regarding the Standing Residential Traffic Committee
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COUNCIL MEETING November 9, 2021
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
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Fox disclosed she had a meeting with Mr. David Gregory and another
meeting with Mr. David Gregory and Mr. Ron Campbell regarding the Leesburg Mobile Home
Park offer. Ms. Fox asked if the closed session discussion could be held in open session. Mr.
Spera advised that there was legal information he wished to share with Council in a closed
session.
Council Member Cummings disclosed he had a meeting with Mr. David Gregory and
Pastor Michelle Thomas regarding Graydon Manor and the Leesburg Mobile Home Park. Mr.
Cummings requested a proclamation for the 10th Anniversary at their current location and 30th
year in Leesburg for Coldwell Bank Realty.
It was the consensus of Council to move forward with this item.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk noted the Town held its board and commission annual meeting and thanked
the commissioners who came out and reported on the work they are doing. Mayor Burk thanked
ProJet for inviting her to speak and attend the Aviation Education Expo. She thanked them for the
work they do educating students regarding jobs in the aviation industry. Mayor Burk attended the
National Figure Skating Championships that was held at the Ion International Training Center.
Mayor Burk welcomed the new Shop & Go at Crescent Place. Mayor Burk said she participated
in the Halloween for businesses trick -or -treating where 65 businesses participated and was well
attended by the children. Mayor Burk congratulated the Kiwanis Club on another fun and
exciting Halloween parade. Mayor Burk welcomed The Branch Bowling Alley and Restaurant on
Catoctin Circle. Mayor Burk congratulated the Mason Enterprise Center on their 10th anniversary
and welcomed BKD Bagels to Leesburg. Mayor Burk invited Council to join her in volunteering
for the Salvation Army Red Kettle campaign. She challenged Council to raise more money that
she does and noted she was considering challenging the Board of Supervisors to try to raise more
money than the Leesburg Town Council.
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COUNCIL MEETING November 9, 2021
Mayor Burk requested a proclamation celebrating the 100th birthday of Ms. Katherine
Burch.
It was the consensus of Council to move forward with this item.
19. TOWN MANAGER COMMENTS
Mr. Dentler advised Council that Planning & Zoning Director Susan Berry Hill announced
her retirement and that she would be stepping down in March 2022.
20. CLOSED SESSION
a. Leesburg Mobile Park
b. Town Manager's Performance Evaluation
MOTION 2021-207
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was
proposed:
I move pursuant to Section 2.2-3711(.4)(8) and Section 2.2-3711(A)(1) of the Code of Virginia
that the Leesburg Town Council convene in a closed meeting for the purpose of consulting with
legal counsel regarding specific legal matters related to the Leesburg Mobile Park and for the
purpose of discussing the annual performance of the Town Manager.
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 a Closed Session at 8:42 p.m.
Council reconvened into an Open Session at 9:53 p.m.
MOTION2021-208
On a motion made by Mayor Burk, the following was proposed:
In accordance with Section § 2.2-3712 of the Code of Virginia, I move that Council certify
to the best of each member's knowledge, only public business matters lawfully exempted
from open meeting requirements under Virginia Freedom of Information Act and such
public business matters for the purpose identified in the motion by which the closed
meeting was convened were heard, discussed or considered in the meeting by
Council. (ROLL CALL VOTE)
The motion was approved by the following roll call vote:
Council Member Fox — aye, Council Member Steinberg — aye, Council Member
Cummings — aye, Vice Mayor Martinez — aye, Council Member Bagdasarian — aye,
Council Member Nacy — aye and Mayor Burk — aye
Vote: 7-0
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COUNCIL MEETING November 9, 2021
MOTION2021-209
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was
proposed:
I move that the Town Council authorize the Mayor to write a letter to the Loudoun County Board
Chair formally requesting that the County engage in discussions with the Town and the Dry Mill
Road property owner regarding the property owner's proposal for a new mobile home park to
which the Leesburg Mobile Home Park residents could potentially relocate.
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
21. ADJOURNMENT
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the meeting was
adjourned at 9:53 p. m.
Kelly Burk ayor
Town of Leesburg
ATTEST:
..-lee,,,./
Clerk of Council
2021 tcmin1109
10 j Page
November 9, 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.Ieesburova.00v or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: We open tonight's Town Hall meeting of November 9th, 2021. If anyone in the
room needs assistance, please see the Clerk. Council Member Nacy will be giving the Invocation
followed by the Pledge to the Flag to Council Member Steinberg. Council Member Nacy.
Council Member Kari Nacy: Please join me in prayer. Heavenly Father, we come to you tonight
asking for your guidance, wisdom, and support. As we begin this meeting, help us engage in
meaningful discussion and allow us to nurture the bonds of the community and make the best
decisions for Leesburg and its residents. Amen.
Mayor Burk: Mr. Steinberg.
[pause]
All right, I do want to make a short announcement. We were not able to obtain a translator tonight. We
are going to use the overhead as we previously have done. If someone is up here speaking Spanish,
it will translate to English. If someone is speaking English, it will translate to Spanish. Hopefully, that
will help everybody understand what's going on. Let the record reflect that all Members of Council are
present. There's no need for any remote participation tonight. 1 do have two sets of minutes, the Work
Session minutes of October 251h, 2021. Do I have a motion?
Vice Mayor Fernando "Marty" Martinez: So moved.
Mayor Burk: Vice Mayor Martinez.
Council Member Ara Bagdasarian: Second.
Mayor Burk: Seconded Council Member Bagdasarian. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. Regular Session minutes of October 26£h, 2021. Do I have
a motion?
Vice Mayor Martinez: So moved.
Mayor Burk: Moved by Vice Mayor Martinez. Second?
Council Member Zach Cummings: Second.
Mayor Burk: Second by Council Member Cummings. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? All right. We have adopting of the meeting agendas.
Council Member Neil Steinberg: Madam Mayor.
Mayor Burk: Yes, sir.
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Council Member Steinberg: I'd like to- [silence] motion to rescind Resolution 2021-154. Excuse me.
There we go. Then give Mr. Spera an opportunity during presentations to update us on current
Federal guidelines regarding COVID-19.
Mayor Burk: Sorry. I should have asked you first for a motion to adopt the agenda. Let me read it out
and all the items on it, and then you can restate that, Adopting the amended agenda, Mr. Steinberg
has made a motion to change the agenda. Is there a second?
Vice Mayor Fernando "Marty" Martinez: Second.
Mayor Burk: Seconded by Vice Mayor Martinez. You are asking for?
Council Member Steinberg: I'm asking that we pull item B from the section resolutions and
ordinances, the motion to rescind resolution 2021-154. Then give Mr. Spera an opportunity to update
us on Federal guidelines regarding COVID-19.
Mayor Burk: You're asking to remove B?
Council Member Steinberg: Yes.
Mayor Burk: You're asking for Mr. Spera to give a brief overview during presentations?
Council Member Steinberg: Correct.
Mayor Burk: Mr. Martinez, are you okay with that?
Vice Mayor Martinez: I'm okay with the first part, but I don't know if we can because of our Council
rules add something to the agenda that's not already there,
Mayor Burk: You would say no.
Vice Mayor Martinez: I would say yes to the first part, no to the second.
Mayor Burk: Are you okay with just doing the first part?
Council Member Steinberg: 1 wonder if we can get a ruling from our parliamentarian just to verify
what the case may be,
Christopher Spera: in the context of this motion, the motion that you've made to remove item 13 (b),
if part of your reason for that is the information that you would like me to present regarding the new
OSHA guidelines, then I'm providing you information in the context of this motion that Mr. Steinberg
has made, and it's been seconded by the Vice Mayor. I think that would be appropriate if that's what
you would like me to do.
Vice Mayor Martinez: It is appropriate then. I'm okay.
Mayor Burk: Is there anything else anybody wants to remove from the agenda? Excuse me. Mr.
Steinberg has made a motion with a caveat and Mr. Martinez has seconded. All in favor indicate by
saying, aye.
Members: Aye.
Mayor Burk: Opposed?
Council Member Nacy: Nay.
Mayor Burk: That is 5-2. Your remarks will come during the presentation. Is that what you were
asking, Council Member Steinberg?
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Council Member Steinberg: Yes.
Mayor Burk: Ms. Boeing, are we going to be putting up the thing on the board yet?
Eileen Boeing: Madam Mayor, 1 thought it was only for the petitioner section.
Mayor Burk: I was trying to check where we are. We have no certificates of recognition, but we do
have two proclamations tonight. The first proclamation is for the Veterans and Military Families Month.
We used to call it Veterans Day, but this is for the whole month of November. Whereas, in National
Veterans and Military Families Month, November 2021. Whereas, November is National Veterans and
Military Family Month. Whereas, we recognize and honor these veterans and military families who
support our armed forces as they protect our nation from harm. Whereas, we respect and
acknowledge the sacrifices veterans and military families make on a daily basis.
Whereas, throughout November, we show our appreciations to the spouses, partners, children,
caregivers, and survivors of our service members and veterans for their selfless sacrifice. Whereas,
we welcome Ray Delpesche to accept the proclamation on behalf of the National Veterans and
Military Family Month. Therefore, proclaimed, the Mayor and the Council of the Town of Leesburg in
Virginia, do hereby recognize November 2021 as National Veterans and Military Family Month, and
call this observation to the attentions of our residents. Proclaimed this 9th day y of November. That will
be followed by the National Diabetes Awareness Month.
Whereas, November is National Diabetes Awareness Month and an opportunity for local and regional
advocates to team up and work with partners across the nation to raise awareness to this illness.
Whereas during National Diabetes Awareness Month we draw attention to all forms of this dangerous
condition including type one, type two, gestational diabetes, pre -diabetes and recommit ourselves to
finding the cure. Whereas diabetes strikes both children and adults in any age it comes on suddenly.
Causes dependency on injections or pump insulin and carries that constant threat of devastating
complications.
Whereas over the last year and a half people living with diabetes have faced heightened risk to their
health as the illness makes them more vulnerable to the worse effects of COVID-19. Whereas we
welcome Reid Zook to receive this proclamation for the National Diabetes Awareness Month.
Therefore proclaimed, that the Mayor and the Council of the Town of Leesburg, Virginia recognize
November 21St as National Diabetes Awareness Month. We call upon all residents, government
agencies and non-profit organizations, healthcare providers, research institutions, and school systems
to join in activities that raise diabetes awareness and help prevent, treat and manage this disease.
Proclaimed the 9th day of November. I am going to go down to the floor and present this. First one, I'm
going to present is for National Diabetes Month. Reid is going to come up with his family and accept
the proclamation and have some things to say. Thank you for being here today. We really appreciate
it. Here's the proclamation for you to keep and would you like to say a few words and why you're up
here and what you're doing?
Reid Zook: Yes.
Mayor Burk: All right, take the mic. Here, put it up to your mouth there [unintelligible]. There you go.
Reid Zook: My name is Reid Zook. I've had diabetes for five years. [wear a pump, a [unintelligible]
six. I have to take insulin every day on my pump. When I eat I have to give a [unintelligible] every
time how much grams and carbs it has. Thank you for recognizing us, to help us find a cure, and
thank you.
Mayor Burk: Thank you.
[applause]
Thank you, Reid, for being here today and being so brave to come up here and speak. [chuckles]
You've been dealing with this for five years now. That's really important to you that people realize how
devastating this can be, and that you have to be very, very careful and take care of yourself every
Page 3 1 November 9, 2021
single day. Because we want to see you grow up and be strong. [chuckles] All right, you want to get a
picture? The Council wants to thank you for being up here too. We really appreciate the fact you
came today.
[applause]
Okay, did you want to say a few words? Are you sure? Thank you. [chuckles] Alf right the next one
that's coming up is Ray and his buddies, his friends from the VFW. [chuckles] Come on, fellows, if you
would like to up also. We probably should be giving this to your wives and children, but I'm sure you'll
share this with them when you take it home. [chuckles] We say this a lot and that we don't
acknowledge it enough. We really appreciate all the service that you have given to our country. It's
very important that we recognize that and we appreciate the work that you do at the VFW.
The amount of charity work that you do and how you help other veterans it's just truly inspiring. We
want to recognize you on Veteran's Day, but we also want to recognize you and your family all month
long for all that you've done. Would you like to say a few words?
Ray Delpesche: Yes, ma'am. Thank you, Council. Thank you, Madam Mayor, for having us here
tonight and the opportunity for us as the VFW of Loudoun County to say thank you to the Town of
Leesburg for all the support and encouragement you have given us and shown us throughout the
years, especially in this month. We are doing a poppy distribution here now at the Walmart in
Leesburg. Our response have been very supportive with the Town of Leesburg. The funds that we
raise from our poppy distribution goes right back to the veterans and their families to help in their
needs if they so desire.
It's a privilege to be a part of an outstanding group of comrades to assist other veterans. On behalf of
the VFW of Loudoun County, and all of the veterans of Loudoun County, I say, thank you. We
appreciate your kindness in this proclamation.
Mayor Burk: Thank you very much. Would you gentlemen like to say anything additional? All right,
thank you very much for coming in. He's a great leader. [applause]. Thank you very much.
[pause]
Mayor Burk: All right. Anyone have any regional commission reports? Okay. Petitioners. Okay. We
are at the petitioner section at this point.
Christopher Spera: Madam Mayor.
Mayor Burk: Oh, I missed the presentation part. See the two -P's mixed together. I didn't have my
glasses on, sorry. Please give your presentation on it.
Christopher Spera: It'll take me two minutes but just since this item was added to the agenda, the
Federal OSHA regulation came out with respect to what COVI D protocols were appropriate for the
workplace. That was last Friday, the 5r'. Essentially, it was 490 pages of guidance. It was a good
read -
Mayor Burk: Oh actually.
Christopher Spera: -but essentially what the regulation does is, it allows the employer one of two
things, either the employer can do what the Town has already done. Which is require each employee
to be vaccinated subject only to religious and medical exceptions. Or the alternative is to require all
un-vaccinated employees to be tested weekly. Those are the only two options that are acceptable
under the Federal regulation that was promulgated last Friday. That's all that I've got but that was new
since this item was brought up.
Mayor Burk: All right. Anyone have any questions? All right. Yes. Ms. Fox.
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Council Member Suzanne Fox: What's also new is that there has been a Federal court ruling that
Biden's mandate has been stayed. I'm not quite sure how that's going to work out for OSHA but that is
a factor as well,
Christopher Spera: That's in the Fifth Circuit and our state is in the Fourth Circuit not the Fifth
Circuit. There are a number of states that are involved in that litigation. What's going on in the Fifth
Circuit is informative but it is not binding upon states and other Federal circuits. Virginia's in the Fourth
Circuit not the Fifth. Everybody will watch it very closely, and it will be informative for all of us. It's
important to watch what's going on there but it is not binding in the Fourth Circuit.
Mayor Burk: Ms. Nacy.
Council Member Nacy: I've got a question. Aside from Federal regulations that come down, when is
the 90 days up again January? January 11th. What happens, Mr. Spera if come January 11th, the 36
or so people who are undecided or have decided not to get vaccinated are terminated. Then new
leadership in Virginia comes in and says, "No one can make mandates." What would that mean for all
of those people we just terminated? Would they get their jobs back automatically? What happens
there?
Christopher Spera: I don't know that I have the answer to that because the Federal regulation on its
face says that it's not subject to local governance. The way that the Federal rule is implemented, it is
designed to be and again, I'm not trying to make a legal pronouncement, I'm just saying how it's
designed. It's designed to be impervious, if you will, to local variations. For example, I know that there
were some governors who said, "Oh, you can't impose a mandate," But if you're an employer with
over 100 employees, this applies nationwide regardless of what your state or local regulation might
be. That's how it's designed. Again, I'm not trying to pass upon the legality or appropriateness of that,
I'm just telling you what the regulation says.
Council Member Nacy: Would there then be a chance for litigation from-- Would employees then
have former employees at that point, have reason to be able to sue the Town for unlawful
termination?
Christopher Spera: I don't think so. I think we're following the law. If a law is later changed then,
okay but then you're bound by it but if you're following the laws that exist at the time. It's hard to
engage in that type of speculation as an employer. If you follow the law as it exists at the time when
you act, you're acting lawfully. If the law changes later, then you have to conform your conduct to the
law as it's changed. Generally; it's not retroactive.
Council Member Nacy: Okay, thank you.
Mayor Burk: All right. Thank you very much. I appreciate the report. We are now at the petitioner
section and one of the first orders of business is to hear from the public. All members of the public are
welcome to address the Council on any item, matter or issue. Please identify yourself and if
comfortable doing so, give your address for the tape to record. Any public speaker will be requested
to state their name and spell it for the purpose of closed captioning.
In the interest of fairness, we also ask that you observe the three -minute time limit. The green light on
your timer will turn yellow at the end of two minutes, indicating you have one minute remaining. At that
time, we would appreciate your summing up and yielding the floor when the bell indicate your time
has expired. Under the rules of orders adopted by this Council, the five-minute time limit applies to all.
The first name that we have, our speaker tonight is Andy Blazejewski. Did I say that incorrectly?
[chuckles]. Please come up, and he will be followed by Monty Lunt.
Andy Blazejewski: Where am I? Right here?
Mayor Burk: Yes.
Andy Blazejewski: This has to do with sign ordinance, and we had put up new awnings on Red Hot
& Blue Restaurant. We had a guy that ran a sign shop there and he said that the sign regulations had
been removed for that mini -mall. He said, "You can pretty much put up whatever you want." Now 1
Page 51 November 9, 2021
realized that ignorance of regulations or rules is not a good excuse, but this guy has been around
Leesburg for a long time. I took his and the old awnings looked disgusting and needed to be replaced.
We replaced them and we put professional signage up on them. One of them is just a logo and the
other one says Red Hot & Blues and Burgers. 1 was informed later on that these had to be taken
down, which is number one, something that's very expensive, but number two, visibility is everything
in retail, everything. Just having suffered a horrible year with COVID and losing a lot of money, just
the additional cost and losing the visibility, it seems that some of the sign regulations are just a little
restrictive and maybe outdated when you have some other people that are across the street that have
got a lot more liberties to do then.
I'm asking the Council and the Mayor if you could help us out somehow with this. I don't know where
this is going to go and not exactly sure what all the regulations are. One of the things that they
complained about the signs is just there's an awning over carryout. All it says is carryout. 1 was told
that's a sign, and you can't have that. All that it does is identify the carryout entrance. It's not any kind
of anything else. That's what I've got.
Mayor Burk: Thank you. Thank you very much for coming Andy. Monty Lunt followed by Lee Phillips,
three.
Monty Lunt: Thank you very much for being here, and thank you for giving us three times as much
time as the school board allows. We appreciate that a lot. I was speaking to encourage you to stop
the vaccine and testing mandates for all the Town employees. My high school daughter included in
that. Her dream job is to be a lifeguard at the Ida Lee Rec Center, which she got recently and then
came home with a notice that she will have to get the vaccine or basically be fired. We are very sad
about that.
Every week, there is more and more scientific evidence showing how harmful these vaccines are to
almost all age groups especially the teenagers.
According to the CDC, healthy people have in 99.8% chance of surviving COVID, that percent is
higher than surviving the flu. The weekly testing for COVID that the Town of Leesburg is offering for
its employees. My understanding is actually against current federal law since testing is still under
EUA. Anything's still under the EUA designation includes a lawful right to refuse by the recipient with
no negative recourse by the employer. My high school daughter tested positive for COVID six weeks
ago and is now totally fine without any vaccine.
She was administered medicines that helped her be cured from this virus and kept her out of the
hospital. I'm so thankful that she now has natural immunity. Natural immunity is taken into serious
account with other diseases but for some unknown, unexplainable reason is not taken seriously with
COVED. A recent scientific article from the UK explained that 77% of those who were sick and died of
COVED during a recent time period were all, 77% of them were partially or fully vaccine vaccinated
against COVID. The world scientific community also knows that those with the vaccine are just as
likely to get and spread COVID to those around us is a scientific fact.
Another recent article from the MacGyver Institute dated August 19th 2021, saw the 771 % increase
from June to July 2021, of those who are vaccinated who were getting COVID. That was more than
double the percentage of the unvaccinated getting COVID during that same time period. World-
renowned virologists, Robert Malone and Steve Kirsch are warning the world's leaders, individuals to
stop the COVID vaccine programs.
Robert Malone helped develop the mRNA vaccine decades ago and says that this is not meant for
use on people. More people are dying and going to die from the COVID vaccines than just from
COVID itself. In fact, more people have died in 2021 from COVID than they did in all of 2020, and we
still have two months left. What changed from 2020 to 2021? The national COVED vaccine rollout.
Mayor Burk: Thank you, Mr. Lunt. 1 appreciate it. Mr. Lunt is followed by Mr. Phillips. Mr. Phillips is
followed by Jenny Hall.
Page 6 1 November 9, 2021
Lee Phillips: Madam Mayor, Members of the Council. My name is Lee Phillips. Some of you know
me. I'm one of the old Town employees 65, worked for the Town 33 years. Right now just working
part-time. I was asked to come back to help with the situation we are at. One of the employees was
battling cancer so I filled in for him. I want to be unvaccinated. I'm not really here to plead from my job.
I'm retired, I'm just supplementing my retirement with this part-time job. I serve as a flexible temporary
part-time employee. If anybody feels threatened by me being unvaccinated you can let me go.
With no costs, I'm temporary flexible. You don't need a reason. I'm not here for myself. I'm simply I've
had chats with a lot of the unvaccinated employees. A lot of them are midstream people. They're like
halfway through their career, 10, 15, 20, 25 years. I simply don't want to be in their shoes, 1111 just give
you the reason why I am unvaccinated. Some people think I'm crazy. I'm 65 but shouldn't be -
medically, I have an allergy similar to my mom. She's 95. I'm running out of time. Oh anyway with the
motion to rescind, it's probably I can let you know why off the record, 30 seconds. I won't be filing for a
medical exemption, I would be filing for religious exemption. 1111 fill out that paperwork. Again, I don't
want to be a threat to anybody, any employee, anybody from the public. I don't think I am but if
anybody does, and you let me go there's absolutely no hard feelings. It's just God told me, "It's my
time to move on. Thanks for your time."
Mayor Burk: Thank you, Mr. Phillips. Jenny Hall is followed by RJ Hall.
Jenny Hall: Hi, my name is Jenny Hall J -E -N -N -Y H -A -L -L.
Mayor Burk: Thank you.
Jenny Hall: I'm here to ask that you repeal the vaccine mandate requirements for Town employees. I
reached out to all of you with 10 questions in an email before you voted on October 12th. I only heard
back from three of you. I'm going to pose these questions again for you to consider, and they are yes
or no responses so you can follow along. Do your Town employees have a right to make their own
health decisions? Are you prepared for the consequences of losing employees who do not comply?
Will you mandate other medical interventions that you deem necessary in the future?
Should what is right for one person be blindly applied to all individuals? Do you believe that natural
immunity from previous infection exists? Have you spoken to people who have made the decision not
to be vaccinated? Do you believe that the unvaccinated employees are unsympathetic,
uncompassionate, thoughtless, or uncharitable? Are concerns over long-term side effects of mRNA
technology or adverse reactions to the vaccine valid? Do both vaccinated and unvaccinated
individuals contract, test positive and spread the virus? In the spirit of public health and safety do you
plan on promoting other ways that people can combat respiratory viruses like COVlD-19?
This is about freedom over coercion. What you passed violates the free will of an individual. It divides
people and it promotes and perpetuates fear. You have the power to stop it. You are not medical
practitioners and you do not have a medical license to prescribe treatment to anyone. The doctor -
patient relationship exists to ensure medical choices are made in the best interest of the patient. The
patient is always free to consent to medical treatment on their own volition, there is no coercion.
You have hijacked the doctor -patient relationship and replaced it with medical paternalism. You don't
believe there are any other non -paternalistic ways to combat COVID-19 such as previous infection,
healthy immune systems, lack of comorbidities, or young age. We the people hold power over our
own health, if an employee wishes to vaccinate let them be, if an employee wishes to remain
unvaccinated, let them be. Acknowledge the movement of Americans openly questioning and
standing against unreasonable vaccine mandates.
Pilots, police officers, NBA players and NFL players, firefighters, actors, musicians, sanitation
workers, nurses, doctors, EMTs, parents, teachers, and more. Repeal the mandate and let Leesburg
Town employees resume their lives free of division and fear.
Mayor Burk: Thank you, Ms. Hall. Mr. RJ Hall is followed by Dennis. Dennis, I can't read your last
name.
Eileen Boeing: Mr. Darnes does not wish to speak.
Page 71 November 9, 2021
Mayor Burk: Oh, there's no last name. Okay. Does not wish to speak.
RJ Hall: Hi. I am RJ Hall. I live on Montacute Lane in Leesburg. It's outside the Town limits. 1'd like to
open by thanking the Mayor and the Members of the Town Council for your service to the community.
My purpose in speaking today is to advocate for rescinding the vaccine mandate that the Town
Council has adopted. People who promote vaccine mandates talk about using science as the basis
for their decision. Similarly, I will use science to make my point as well. An indisputable fact related to
vaccines is that they all present some level of risk in terms of allergic or adverse reactions. The
government's own various database bears witness to this fact.
Furthermore, since the COVID vaccine, in particular, is a relatively new immunization tool, its long-
term effects are presently unknown. Long-term, of course, is a relative thing in my age long term
effects naturally have less perceived impact, than when compared to the potential impact on a
younger working age, adult, or child.
Regarding irrational COVID vaccine policy, we only need to look at the flu vaccines that are currently
administered as a model. With the flu, which can also be lethal, people are allowed to weigh their
perceived chances of surviving or struggling with the flu, after which they can decide to take or not
take a flu shot. Just as flu vaccines are not 100% effective, neither are COVI D vaccines totally
effective. In fact, data indicates that vaccinated people can both contract and infect other people with
COVID so let's don't lie to ourselves by saying we have a pandemic of the unvaccinated.
Can COVID symptoms be mitigated by vaccines? It appears that this is indeed the case for many
people. Nevertheless, individuals who make the choice to take the COVID vaccine do so for their own
personal reasons as I did when I opted for the J&J vaccine. It's none of my business if anyone else
takes the vaccine. If I'm vaccinated, I don't care and I shouldn't care. Either I won't contract the
disease or my symptoms will hopefully, be manageable. Control over what you put into your body
should be your choice, and not that of the Federal, State, or local government.
At the Federal level of the US Fifth District Court, which I understand does not apply to Virginia,
however, it is a court and they believe that there are "grave statutory" and Constitutional issues
associated with the Biden administration's vaccine mandate. It has executed a stay on its
implementation accordingly, as has been noted. I implore the Town Council to please rescind the
vaccine mandate. Thank you,
Mayor Burk: Thank you, Mr. Hall. Mr. Hall is followed by Chris Rohland.
Chris Rohland: Good evening, my name is Chris Rohland C -H -R -I -S R -O -H -L -A -N -D, I'm in
Leesburg, Virginia. I am furious at the gutless behavior that has happened this evening, rescinding
this motion to rescind the motion. Nothing infuriates people more than seeing a body of government
act irrationally and illogically. Yes, OSHA can create regulations. Yes, I hope to God, it gets struck
down because it is unconstitutional. Yes, you ail can nod your heads and say, "We're just doing what
we were told," but you have a choice.
One of the things you can do is you can ask why? Why am I doing what I am doing? Why is a vaccine
the only option when clearly it is not? Why are you not allowing 36 Town employees who very well
may have natural immunity, but you don't know because you didn't ask, you didn't ask. Lack of data is
still data, and you don't have all the data. It's just infuriating, watching all of you up here, act like this
because all of us out here are seeing all this theater, not only here, but at the school level, at the
Board of Supervisors level, at the State level, and at the Federal level, and it's garbage and we all
know it.
The right thing to do would have been to rescind the motion for the vaccine mandate, that would have
been the right thing to do, It would have been right because you don't have all the information yet, this
really hasn't gotten all the way through. Because at the end of the day, as other people have pointed
out, the OSHA regulation very well will be struck down.
Then where will you be? You'll be in a position of harming people in the community for no reason at
all. None. You won't be able to justify it. You won't be able to say, "Oh my God, OSHA said we had to
do it." Well, no, you didn't have to do it, you could have waited.
Page 8 I November 9, 2021
Every single one of you has the ability to say no, let's pause because the facts are 80% of the County
has already been vaccinated, and you're talking about 36 people. 36 people who may or may not be
vaccinated. You don't know because they haven't provided you that status. At the end of the day,
there's a cheaper way to solve this problem. Monoclonal antibodies for one, lots of other drugs,
because the people that are fully vaccinated like Jen Psaki, hadn't been seen in seven days, because
guess what, she screwed.
Mayor Burk: Thank you, Mr. Rohland. Vincente Gonzalez is followed by Cesar Chavez.
Vincente Gonzalez: Good evening. I'm here because it's been a month since some of you came to
the Community Park. One of the things I think I asked was to see if you could maybe talk to Darius so
he could contact us. We have a number and an email. We've been emailing, we've been calling, no
answer. I think, obviously, if one of you or all of you called him and asked him if he could, not force
him to, but ask politely if he could come out, meet with us. He sent out a letter but it'd be a lot better if
we heard it from him personally. Again, if you could please do us the favor of reaching out to him,
that'd be greatly appreciated. Thank you.
Mayor Burk: Thank you. Mr. Gonzalez. Mr. Chavez followed by Erin Taylor.
Cesar Chavez: Good evening Council. I'm here to elaborate on one of my neighbor Vincente said. My
name is Cesar Chavez and I'm at 77 Leesburg Mobile Park. As we know, Crescent Mobile Partners
has identified themselves as prospective purchasers of our neighborhood. All we know is that Darius
Saeidi, thanks to Mayor Burk is one of the partners of that Crescent Mobile Partners. We would like to
know and ask if we could find out who the other partners are, to be able to contact them and have a
discussion with them about what the possibilities are of us staying in our homes is. We haven't been
able to contact them in any other way.
We've been trying to reach them through email, phones, and nothing. Also, we were told that the
closing day would be mid -December, and now we're hearing through our other that it could be as
early as December, maybe even late November. It's leaving us with uncertainty, even more, knowing
that the closing day could be closer than what we think, leaving us with more questions that we don't
have answers to. Thank you.
Mayor Burk: Thank you, Mr. Chavez. Erin Taylor followed by Veronica Gonzalez.
Erin Taylor: Thank you. My name is Erin Taylor, E -R -I -N T -A -Y -L -O -R. I live at 12 Leesburg Mobile
Park. My neighbors and I are homeowners, Leesburg Mobile Park. Tonight is the fifth Town Council
meeting in a row that we have attended. We are here yet again to ask the Town Council Members for
three things: to amend the proposed language to strategy 3.36 in the Legacy Leesburg Town Plan to
create a text amendment that allows mobile homes as a permitted use in Leesburg. To change the
Town Plan and the Crescent District Master Plan Maps to include Leesburg Mobile Park.
The proposed language to the Town Plan to address the requirements of section 15.2-2223.5 also
known as House Bill 2175. The State Code is insufficient, it does not adequately address the needs of
the homeowners of Leesburg Mobile Park, nor anyone else seeking affordable housing within
Leesburg. How exactly does the Planning Commission or the Town of Leesburg define comparable
price points? We learned at the October 251h Town Council Work Session that the Town defines
affordable as moderate -income that falls within 30% to 70% of the County's AMI.
The staff report also said, "The zoning ordinance does not require that the deeper affordability needs
of residents at the Mobile Home Park be addressed." How can someone find affordable housing if the
Town is not willing to address their needs? Secondly, we were asking that you create a text
amendment to allow mobile homes as a permitted use within Leesburg. There's not currently any
zoning district that allows mobile homes anywhere in the Town ordinance.
Leesburg Mobile Park has always been a legal non -conformity. If we are forced to move off of the
property as a result of redevelopment due to the sale of Leesburg Mobile Park, there's nowhere else
in Leesburg that we can legally move our homes to, if our homes will survive being moved at all.
Finally, we are also asking that you would change the redevelopment concept sketches and the maps
and the Legacy Leesburg Town Plan and the Crescent District Master Plan to include Leesburg
Page 9 j November 9, 2021
Mobile Park. There is no reason why a neighborhood that has existed peacefully without issues since
at least 1957, should be erased. We urge you to please help the 75 families in Leesburg Mobile Park
by including and protecting us in your current and future plans. Thank you.
Mayor Burk: Thank you, Ms. Taylor. Veronica Gonzalez, followed by Jose Monroy.
Veronica Gonzalez: Good evening, Council Members. My question for today is, at October 25th Work
Session, the Town Council agreed to request the Loudoun County to consider donating a parcel of
land in the Joint Land Management Area for the use as a Mobile Home Park. What is the state of the
request? Have you been in communication with the county officials about this request, and have they
given any response? We will appreciate any update you can provide us. Thank you.
Mayor Burk: Thank you. Veronica is followed by Mr. Monroy, and he's followed by Mr. Michael Miller.
[crosstalk] You're next.
Jose Monroy: Thank you for the opportunity to speak. My name is Jose Monroy. Monroy, M -O -N -R -
O -Y. We understand that today there will be a closed session of the Town Council to discuss
Leesburg Mobile Park. We are disappointed that we are being excluded from these discussions. As
the community member who are directly impacted by the sale of this redevelopment, we deserve to
have a seat at the table in any discussions that the Town has concerning our future. Can you ensure
us that you will include us in any meeting or discussions about the future of our homes, please?
That's my question. Thank you.
Mayor Burk: Thank you very much. Michael Miller, followed by Keith Reeve.
Michael Miller: Good evening. It's Michael Miller, M -I -C -H -A -R -L M -I -L -L -E -R. I'm here to address the
Council this evening to ask you to remove the mandate for the vaccine. The question you asked about
what happens when the new governor takes office in January is a good one. You made the argument
that you're just following the Federal law. Let me remind you that it is not a Federal law. None of our
Representatives from the State to Virginia, nor our Senators have had any say in that matter. It is not
a law. If that doesn't appeal to you, I'd also direct you to read the 10th Amendment regarding those
freedoms that are kept and maintained by the states.
We recite in the national anthem, "One nation under God." Do you believe that? The people who sat
in your chairs before you did. In fact, those in this State wrote a Constitution that we follow in the
State of Virginia. That says, "When people enter into a State or society, they cannot buy any compact
arrive or divest their posterity, namely, the enjoyment of life and liberty with the means of acquiring
possession, property, pursuing, obtaining happiness, and safety." This mandate is doing that. You are
taking those things away. Those things are all come before sections that talk about preserving safety,
and that's intentional. May I remind you that Thomas Jefferson had his hand in that Constitution.
From a practical perspective though, you are putting people out of work, people who are essential to
the operation of this great Town. We do not live in Leesburg, however, I frequent here very often, and
have for the past 10 years since we've lived in the area. We attend church here and enjoy this
beautiful historical Town. The most impacted, I've heard, will be police officers will be those who will
be very impacted by this. What are we going to do when police officers are no longer able to be in the
streets protecting the citizens here in this Town as a result of this mandate?
Right now, the CDC, according to their data, says that "You have less than 1% chance of dying of the
vaccine." What's the safety risk if you take away police officers, what if half the force, all of a sudden
is no more as a result of this? What kind of risk does that put? I'll remind you, as it's already been
brought up, there have been multiple lawsuits that have been filed already challenging this mandate. I
don't care if it's not in the Fourth Circuit Court or not, it'll still have an impact on this. Do you want to
be seen as those who take away people's jobs? Or do you want to be those who stand for the rights
of our citizens? I ask every one of you to think about that and consider it. Are you going to stand for
the rights of our citizens or are you going to take them away?
Mayor Burk: Thank you, Mr. Miller. Keith Reeve followed by Julie Sprinkle.
Page 10 I November 9, 2021
Cesar Frias: [Spanish language] Good evening, my name is Cesar Frias. C -E -S -A -R, Frias, F -R -I -A-
S.
Mayor Burk: I'm going to have to stop you.
Vincente Gonzalez: I'm going to translate for him.
Mayor Burk: I know but you're not.
Cesar Frias: No, I'm not able to speak English.
Mayor Burk: It's not his turn to speak yet.
Vincent Gonzalez: [Spanish language[
Cesar Frias: Cesar Frias, you said Cesar Frias, C- E -S --
Mayor Burk: No, I said Keith Reeve and Julie Sprinkle.
Keith Reeve: Good evening, ladies and gentlemen. Most of you know me. My name is Keith Reeve I
am a resident of Town of Leesburg. I'm not quite sure who should be more embarrassed. The five of
you that voted to rescind this tonight. For myself, for having you represent me on Town Council. I'm
irate. I'm not required to get vaccinated. It's really not a vaccination regardless, it's a shot. Vaccine
kills what's there, this doesn't kill it. At the end of the day, what do I want to accomplish by speaking in
for you, you had the opportunity to test versus fire.
Our Town Manager set a mandate for last Friday, notifying him as to who he was going to have to
replace and who he wasn't going to have to replace after these 90 days, it's wrong. The words
gutless, cowardice, shameful and embarrassed all come to mind for removing that rescission. You
could have let this thing float and struck it down. Instead, you chose to remove it from a colleague that
has sat here on the bench with you to fight for the employees. Once again, it's not me that's going to
suffer from this. Already eight utility workers have already quit. You got 25 police officers that are
threatening to leave.
At what cost? How much are you costing us as a Town for retraining all those individuals that come
in? You could have tested them. You could have required testing every three days. They would be
willing to go through with it but you chose to fire them instead. I am embarrassed. Ms. Nacy. Thank
you. Miss Fox. Thank you very much. Good evening.
Mayor Burk: Julie Sprinkles followed by Cesar Frias. Julie first.
Julie Sprinkle: Hello, I'm Julie Sprinkle, J -U -L -I -E S -P -R -1 -N -K -L -E. Before I speak to the substance
of my message tonight, I actually just wanted to compliment you guys on setting up your Town
website because it was having spoken before and looked through the LCPS website. I know that I
should not take it for granted when information is easy to come by. Thank you very much for that.
Originally, I was planning on supporting the proposal rescinding the resolution 2021-154. Of course,
Town Council is now looking at the OSHA regulations. As a side note, my husband who's a lawyer
just checked, and the Fifth Circuit ruling is indeed a nationwide stay, and you can check that
yourselves.
My opinion is that the government at any level does not have the legal right to mandate that, the
previous speakers have pretty much covered my values in this. Let's not even talk about that. 1 think
that we can just get to the practicality of the mandate. The COVID vaccine is not like the polio vaccine
or the MMR. It does not necessarily stop you from getting COVID nor passing along to someone else,
even somebody vaccinated. On a practical level, if you're going to perform weekly tests on non -
vaccinated employees, you need to also be testing vaccinated employees as well.
In fact, there's probably more of a reason to test the vaccinated employees, since they can be ill with
COVID and pass it along with no symptoms much more frequently than the non -vaccinated. I just
really don't understand why COVID has become so politicized. Just please be practical, and be
Page 11 1 November 9, 2021
reasonable. There's no practical reason to mandate this vaccine. As a side note, I also think that it's
hypocritical and shameful for people that call themselves Liberal or Democrats to not be turning
themselves inside out to be trying to protect these lower socio-economic people that feel like they are
about to be losing their houses.
It breaks my heart sitting here and knowing how people can be like, "Oh, I'm so liberal. I'm so
Democrat. I care for the small guy." I just I'm not seeing the small people that are staring at you right
now being taken care of. Thank you.
Mayor Burk: Cesar, unless you want he doesn't need a translator because it will translate appear to
English.
Cesar Frias: [Spanish language]
Vincente Gonzalez: He wants me to translate.
Mayor Burk: All right. You only have three minutes.
Cesar Frias: My name is Cesar Frias, C -E -S -A -R, Frias F -R -I -A -S. [Spanish language]
Vincente Gonzalez: I'm here again because I want to remind you, you guys are authorities and you
have the decision of saving our homes.
Cesar Frias: [Spanish language]
Vincente Gonzalez: Last time we were here you guys took a vote and decided you guys would find a
solution and work with the County. I'm here to ask is that something you guys are currently working on
or not?
Cesar Frias: [Spanish language]
Vincente Gonzalez: I implore you and put your hands to your hearts and think about us. We are 75
families. We can't sleep. We have questions. We don't know what's going to happen to us.
Cesar Frias: [Spanish language]
Vincente Gonzalez: Again, please think about us. Help protect us. Don't only think about the money
and the investors. We matter too.
Cesar Frias: Gracias.
Vincente Gonzalez: Thank you.
Mayor Burk: Gracias. Mr. Frias is followed by Katherine Esperanza, and after Katherine is Paul
Coyer. Is there Paul? Is Katherine riot here?
Katherine Esperanza: Good evening, my name is Katherine Esperanza, K -A -T -H -E -R -1 -N -E, E -S -P-
E -R -A -N -Z -A. In an email dated October 26th, Susan Berryhill wrote, "One thing that I intended to
bring up in the pre -application meeting is a recommendation that the applicant develop an outreach
and information plan/strategy to keep residents of the Leesburg Mobile Home Park informed." We
would like to inquire as to whether she made this recommendation and if so, what response you
received from the buyer. We would also like to know who was present at the October 28th pre -
application meeting. Thank you.
Mayor Burk: Thank you very much. The next speaker is, is it, Paul or Raul Coyer?
Paul Coyer: I am not Raul but I'm Paul.
Mayor Burk: Okay.
Page 12 1 November 9, 2021
Paul Coyer: I'm assuming you're afraid of me. My name is Paul Coyer. I'm a historian and a resident
of Leesburg. I was recently voted on by this body to serve on the Commission of the Thomas Balch
Memorial Library. I joined the commission due to my love of community service and love of history.
Sadly, having just joined my attempt to serve the community is already being threatened by
shortsighted and coercive public policy decision made by this body, ironically, the very night I was
voted on. l have to say a couple of things just off the cuff.
The body so far seems to have a really inadequate idea or concept or grasp of what Constitutionality
is and what makes a law. Just because an unelected, unaccountable bureaucrat in OSHA or in any
other Bureau for that matter decides to write something out and make a rule doesn't make it a law.
Laws start with the people's representatives in Congress. If both Chambers agree to pass them, they
go to the President, if he signs it, then it becomes a law, period, end of the story. Nothing else is a
law.
When you lose local talent due to determination to use "community health" as an excuse to forcing
your views on everyone else and controlling people's medical decisions, it may help you to achieve
your short term goals of forcing a greater number of people to take this particular vaccine but is
ultimately extremely shortsighted as you lose vital talent you otherwise could have drawn upon and,
frankly, alienate good people and lessen the amounts of goodwill in our County at a time in our
County in which goodwill is already in desperately short supply.
Recent studies out of Wisconsin and Singapore, respectively of the Delta variant, each indicated that
the vaccinated were just as likely as the unvaccinated to get the virus as well as it spread to others.
Another recent study undertaken right next door by the University of Maryland School of Pharmacy
titled The Transparency of COVID-19 Vaccine Trials: Decisions Without Data wrote that there was
inadequate availability of COVID-19 vaccine trial documents and data. Individual participants' data will
not be available for months or perhaps years for most of the vaccine studied. It concluded that
"widespread use of interventions without full data transparency raises concerns over the rational use
of COVID-19 vaccines".
Another study recently authored by a group of scholars, including the lead researcher at Harvard
University Center for population development studies examined 68 foreign countries and nearly 3,000
US counties. It found no statistical evidence that vaccination rates had any correlation with reducing
infection rates. In fact, it found some evidence that the contrary was the case.
A key factor which this body may have come considered prior to its vote last month and, again,
earlier, if good public policy was indeed the goal of the vote, is the fact that infection rates in Leesburg
are quite low. There is no urgent public health threat so why turn to such coercive mandates that
engender such frustration, which threatens people's livelihoods, divide our community, and create a
segregated society, a vaccinated and unvaccinated with those in the latter category, clearly being in a
position of being second class citizens. More fundamentally, if one has to prove that one is injected a
commercial product into one's body to function normally in society we no longer have a free society.
Mayor Burk: Thank you, Mr. Coyer. Mariana Gonzalez is followed by Marla See.
Mariana Gonzalez: Good evening. My name is Mariana Gonzalez, M -A -R -I -A -N -A, G -O -N -Z -A -L -B -Z.
We would like to ask whether there has been any further communications between Town Council
Members and the buyer Crescent Mobile Partners and are there any upcoming meetings with the
buyer scheduled. Thank you.
Mayor Burk: Thank you, Mariana. Marla See. Marla See not present? Is there anybody in the
audience who did not sign up that would like to have the opportunity to speak?
Mark Sell: Maybe my writing was for Mark Sell. Maybe [crosstalk]
Mayor Burk: Oh, okay, Mark Sell. You're right. [chuckles}
Mark Sell: Penmanship was not my strength. Thank you. I'm here to also speak against the vaccine
mandate. It's difficult to believe that we live in a free society when medical decisions can be
Page 13 1 November 9, 2021
compelled by the government on you. Forcibly injecting a needle in somebody is not consistent with
freedom, nor is it loving or compassionate.
I know that you're going to try to hide behind the OSHA regulation but the reality is we all know that if
the Federal government was trying to push you to do something that you didn't want to do, you would
push back. I would urge you to do that. I would urge you to resist that. Medical decisions should be
between an individual and their doctor, not forced upon you by the government. Other speakers
spoke much more eloquently than I have and brought up a lot of statistics and things that support it
but I would urge you to consider respectfully to push back on the Federal government for that. Thank
you.
Mayor Burk: Thank you, Mr. Sell. Is there anybody in the audience that wanted to speak but didn't
have the opportunity? Come forward.
De Mandrell: My name is --
Mayor Burk: You need to come to the microphone, please.
De Mandrell: All right. My name is Commander Dee Mandrell and I served for 24 years in the Navy.
The reason that I'm here --
Mayor Burk: Could you spell your name, please.
De Mandrell: My name is spelled D -E, and the last name is M -A -N -D -R -E -L -L.
Mayor Burk: Thank you.
De Mandrell: As I said, I served 24 years in the naval intelligence and the reason that I'm here is
because I'm medically compromised because of the care I got in the military and with the Veteran's
Administration. Unfortunately, I have critical stage 3 Lymes and I had a reaction to the shingle shot
and an acute reaction actually, that additionally destroyed my immune system, Because of this VA will
not give me even like a pneumonia shot, or flu shot, or anything. Here I am, I'm fighting constantly
with mandates within the government because I know that there's concerns and it's very difficult in
many instances to get any type of passes or exemptions of any kind.
Let me get my mask off. I'm sorry. I just have to be very careful. My biggest worry, the reason I'm here
is because as all of you know in Loudoun County, we have a serious pandemic with Lymes disease,
and especially, the concern is how many people were out during this COVID pandemic. There are
many people that probably don't even know that they have Lymes because of the restrictions of
getting health care and it's sometimes very difficult to diagnose. My concern is that people aren't
always early protected and the Lyme Disease Association is even alerting concern about this and
they're also concerned with the fact that they can't say what to do as far as taking the COVID vaccine
or not.
If you go on their website, and they have recently talked about that they had a convention about Lyme
disease and they are not giving any advice one way or the other. They say they're sorry but we're
concerned but, and they put a disclaimer and said, "You need to go to your doctor," but how many
doctors here are specialists in Lymes and know the inner reactions. That's what 1 seriously fight all the
time. I'm fighting for your people because, again, there are so many things that we don't know about
what happened and what happens in the future with COVID-19 and you don't want to take that issue.
Thank you very much.
Mayor Burk: Thank you for your service. Thank you for being here tonight.
Dee Mandrell: Okay.
Mayor Burk: Mr. Fox. Is there anybody else in the audience that would like to speak that didn't have
a chance?
Page 14 I November 9, 2021
Bill Fox: I'm Bill Fox, B -I -L -L F -O -X. I live at 15 Morven Park in Leesburg, Virginia, 20176. First of all,
Mr. Spera has indicated to you that you are on sound legal footing because of the mandate. The
mandate will go down. It's not a matter of if but when. If you were to put money on it, each of you
know, looking at the current makeup of the Supreme Court, that the mandate is not going to survive.
When it doesn't, that doesn't necessarily mean that what you've done here is automatically
Constitutional but what you will need in order to survive a Constitutional challenge is data, which you
have none of, so I'm going to help you.
The claim here is that, this is about workplace safety for the Town of Leesburg employees, if we're
going to impose ourselves into private medical decisions such claim can't just be based on the vague
notion that COVID is dangerous, which it is, and that vaccines save lives, which they do, it must be
based in hard data that is applicable to the supposed safety issue. Frankly, the data just does not
support your claim.
First, let's examine the claim that COVID outbreak is sufficient to constitute an unsafe workplace,
requiring these extreme emergency measures. To do this, I'm not going to give you the figures
everybody keeps throwing around to justify taking away your liberties. It's absolutely true and
devastatingly tragic that millions around the US have contracted COVID and that 800,000 people
have lost their lives but that is not the statistic relevant to the safety of the Town of Leesburg right
now.
We live in Loudoun County, one of the safest in the US according to COVID statistics. Part of that is
likely due to the fact that we are 80% vaccinated. Let's look at Loudoun statistics and the statistics
that actually speak to the safety of folks in Loudoun. Moreover, it's not just all Loudouners that we
have to look at. Since we're looking at workplace safety we're looking at the working -age folks in
Loudoun. Let's say, from age 20 to age 70, to be on the safe side.
in that age group, how many hospitalizations have we had in Loudoun since the beginning? 830. How
many fatalities? 59 since the very beginning of COVID. 59 people dying is nothing to brush up to the
side but it's less than what we would expect from, let's say, traffic accidents in an average year in
Loudoun. Those figures are cumulative beginning at the beginning of COVID. Let's talk about what's
going on right now, which is what relevant to the policy that you're looking at right now. In the last 90
days, we've had 17 COVID fatalities in the whole County.
Mayor Burk: Thank you, Mr. Fox. Thank you. Is there anybody else in the audience that would like to
speak at this point?
Bill Fox: Anybody want to read the rest of mine?
Mayor Burk: All right, then I will close the petitioner section at this point and we will move on to the
consent agenda. I will read all of the items on the consent agenda. Oh, before I go on, all the
questions that were asked from the Trailer Park Community, again, will be answered and sent out by
Ms. Arnett. Everything you asked tonight will be sent out so you'll have answers to your questions.
Audience Members: Thank you very much.
Mayor Burk: Thank you. The approval of the consent agenda. Refurbishing of the Sand Filter
Building at the Water Pollution Control Facility, the Utility Installation Agreement for 545 Old Waterford
Road, Offers of Compromise for Settlement of Local Taxes Due, Designating the Director of Public
Works and Capital Projects to Respond to Notices, Royal Street Storm Drainage Construction
Contract Awarded, Amending the Zoning Ordinance Mobile Food Unit, Food Truck Storage, Initiating
the Zoning Ordinance Amendment for Signs, Appointment to the Environmental Advisory
Commission, Village of Clear Springs and Airport Impact Overlay District, and Liberty Street Parking
Lot. Is there any item that wants --
Okay, Mr. Martinez has moved it. Second?
Council Member Zach Cummings: I second it.
Page 15 1 November 9, 2021
Mayor Burk: Seconded by Council Member Cummings. Is there any item that anybody wishes to
have removed? All in favor of the consent agenda indicate by saying, aye.
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. That takes us to our resolutions, Our first one is the Ida Lee
Tennis Court Air Structure Project. Renee LaFollette is going to be our presenter.
Renee LaFollette: I'm going to be your presenter,
Mayor Burk: Okay.
Renee LaFollette: Okay.
Mayor Burk: When it comes back up.
Renee LaFollette: Good evening, Madam Mayor, Members of Town Council. I'm here tonight to talk
to you about the change orders for the Ida Lee Park Tennis Air Structure Project. As you're aware,
this is a project in the CIP to add an air structure over three existing tennis courts at Ida Lee. Why do
we have the change orders? We had a change to the foundation design that was very significant from
the time of bid to the actual time of plan that was sent to the County Building Permits Division for
issuance of our building permit.
We had an architectural change to allow for this new facility to match aesthetically and architecturally
with the existing buildings and the tennis facilities. We had some electrical costs that weren't
accounted for in the original contract and the wiring costs have increased by over five times since the
project was bid.
Our project costs, our initial construction contract award was $1.2 million. I've listed out the change
orders here. The change orders are under the 25% or $50,000 whichever is greater section of the
VPPA but we do exceed the budgeted amount for the project with these change orders so we are
requesting a supplemental appropriation of $250,000 that will give us a modest contingency to
complete the project. The proposed funding is a supplemental appropriation of 250,000 from the
unsigned fund balance. The amount would be replenished by utilizing revenue generated from the
facility and the payback time period would be over the first five years of operation of the new tennis
bubble.
Where are we with the project right now? The plans are approved. Loudoun County has issued both
the grading permit and the building permit. The contractor is starting erosion sediment controls this
week and our site work is to begin next Monday with a tentative completion date in mid -April of 2022.
We're requesting the above motion for the supplemental appropriation of $250,000 to the fiscal '22
budget for this project. With that, I will answer any of your questions.
Mayor Burk: All right. Thank you. Anyone have any questions at this point. Mr. Steinberg?
Council Member Steinberg: Thanks for the presentation, Renee. I understand things change and I'm
certainly going to support the increase in budget. I'm just curious about how we manage to miss what
seem to be some obvious things. First of all, can you define what a substantiated math error is for
me?
Renee LaFollette: When we were negotiating with the contractor and we were looking at dollars in
the contract we missed a section of electrical components. When we did our math for our bid award
we missed a section of electrical work that we should have included in the total contract cost.
Council Member Steinberg: Okay. It seems like matching the design of the pavilion entrance to the
existing structures would be a fairly obvious point of the design so how is it that we're coming to that
so late?
Renee LaFollette: I wish I could answer that question.
Page 16 I November 9, 2021
[laughter]
Renee LaFollette: I will say that I was in a transition period at the end of this project when it went to
bid with one of my staff members retiring and handing off to a new project manager and I should have
been more involved in the project and I was not.
Council Member Steinberg: A fivefold increase in electrical cost seems pretty high even with the
increases in construction. I mean that —
Renee LaFollette: Materials cost on average for this year from the time this project was bid to now,
materials alone are 33% up according to Engineering News Record. Copper and aluminum wire is
even higher than that and that is the type of wire that we're using for electrical components.
Mayor Burk: Okay, but 33% versus 5 times seems to be substantially different.
Renee LaFollette: Conduit wires, it's the whole gamut of what becomes the electrical work of the
project.
Council Member Steinberg: The miss on the drainage is that related to what was discovered as you
were examining the soils for the project?
Renee LaFollette: It was part of the design with the foundation and needing to get water away from
that foundation so we didn't have freeze, thaw, and heat issues with the foundation.
Council Member Steinberg: Okay. Thank you.
Mayor Burk: Anyone else have any questions to Renee. Ms. Nacy?
Council Member Nacy: No, l was just going to make a motion,
Mayor Burk: You just what?
Council Member Nacy: I was just going to make a motion.
Mayor Burk: Oh, okay. [chuckles] All right, in that case, we have a motion by Ms. Nacy.
Council Member Nacy: Yes.
Mayor Burk: Seconded by Vice Mayor Martinez. Any other discussion at this point? All in favor
indicate by saying aye.
Members: Aye.
Council Member Fox: Nay.
Vice Mayor Martinez: No, 1 was gone but can I make an assumption it's going to not change colors to
pink or something.
Renee LaFollette: Yes. It won't be changing colors.
[laughter]
Council Member Ara Bagdasarian: That's actually fuchsia by the way.
Mayor Burk: That's a 6-1 vote. All right. We have a public hearing next. I'll call to order this November
9111 2021, public hearing of the Leesburg Town Council. Unless there's an objection I will dispense
with the reading of the advertisement. If you wish to speak, we ask you either sign up on the sheet in
the hallway outside Council Chambers, but if you do not get the opportunity to sign up, we will give
you an opportunity to speak. In the interest of fairness, we also ask that you observe the five-minute
Page 17 1 November 9, 2021
time limit. The green light in front of you will turn yellow at the end of four minutes indicating you have
one minute remaining. At that time, we would appreciate you summing up and yielding the floor when
the bell indicates your time has expired.
Under the rules of order adopted by this Council, the five-minute time limit applies to all. However,
rather than have numerous citizens present remarks on behalf of a group, the Council will allow
spokespersons for the group an extra few minutes. In that instance, we will ask the speakers when
they sign up to indicate their status as spokesperson, the group they represent, and the request for
additional time. Our procedure for the hearing is as follows, first, there was a brief presentation about
the item before us. Second, members of the public that have signed up to speak will be called and
given five minutes.
Public hearing on the agenda for tonight is the Authorization of the General Obligation Bonds for
Capital Improvement Programs. Mr. Case.
Clark Case: Good evening, Madam Mayor, Council Members, members of the public. My name is
Clark Case. I'm the Director of Finance Administrative Services for the Town. Right now I'm going to
introduce David Rose, who's a principal for Davenport LLC. Davenport has been the Town's financial
advisor with a special focus around debt but many other functions too for almost, probably, 30 years.
He's been with us a long time. He knows our financial situation and he typically kicks off our budget
season, so you'll be seeing more of him, At this point, I want to turn the presentation over to David,
who's going to give you a brief about the financings,
David Rose: Madam Mayor, Members of Council, 1 appreciate the opportunity to be here. I will be
brief this evening because we have some very good news. Thanks to your willingness to let us do
some exploration and especially the way the Town is run financially.
With that said, just to give you a little background, you may recall that the Town has been working on
a project with regard to the Airport, and that project size almost 9 million of which roughly half of that
will require some new money borrowing. That's about $4.36 million. Because interest rates are so low
and there is discussion that the Federal Reserve is going to curtail its bond -buying, there is a sense
that interest rates may indeed turn upward and frankly, even if they don't turn upward, interest rates
are so low that I think we have a great opportunity here to do some things that are much better than
the planning estimates.
With that said, you may recall that several months ago actually more than a year ago now, a couple of
years, we set up a line of credit both for the general fund and for the utility funds. The purpose of all
that was to allow us to draw down some monies and to do it at the least amount of pain to the Town's
overall budgets. That has worked very well. To date, we have drawn down slightly under $6.5 million.
What we are recommending effectively is simultaneous with borrowing the money for the Airport, also
taking out what has been drawn down on the line of credit so far. The purpose of that collectively is to
save money. It's that simple and to take advantage of current rates right now.
That financing is basically $11 million and so what we did we went into the marketplace a few months
ago and ended up receiving nine formal proposal results that I will tell you shows how good folks think
about the Town's finances. As a result of all that, we're recommending Atlantic Union because on all
the things that we care about they met or exceeded what we had hoped for the Town.
First off, we had hoped to get an interest rate that was better than the planning rate of 4% over 20
years. The line of credit right now is at 2.56% and we also wanted to basically do better than that if we
could. At the same time, we wanted to have a prepayment that was very flexible. As a result of all
that, the results are this, we ended up getting a 20 -year fixed rate at 1.5%. We ended up having the
ability to prepay at any time in whole or in part so we have, in effect, all the flexibility.
We just need to close this by the 16th of November. That's why y'all need tonight to ask and to have
that public hearing approved. That will be the last slide I have. All i think I need to say here is that
when you look at the cash flows, simply stated, it comes in at about a $2 million savings to the Town
versus what was budgeted or roughly $100,000 per year. The last thing here on the steps is we
simply need you to adopt the authorizing resolution public hearing to be held. As I said, if indeed, that
is done, we can move to closing before the 161h.
Page 18 j November 9, 2021
Wth that, I would simply say once I believe the public hearing is closed, this is the motion that is in
front of you for your consideration. I'm happy to answer any questions, Madam Mayor.
Mayor Burk: Thank you. You were good to your word.
David Rose: What's that?
Mayor Burk: I said you were good to your word. You said you'd be brief. [chuckles]
David Rose: Well, you've good information. It doesn't have to be as long,
Mayor Burk: Does anybody have any questions on this item. Mr. Martinez?
Vice Mayor Martinez: One of the things f really like in this discussion is the prepayment, in whole or
a part of at any time without penalty. 1 think that's rare nowadays. I think that's great. You also said
you have 8.32 and you kinda made it seem like you don't need to draw all of it. Does that mean at the
same time you can do it in phases? Is that correct?
David Rose: It's a little hard to hear you, Vice Mayor but did you ask about the line of credit? Is that
what you're asking about?
Vice Mayor Martinez: Right. I think it was 8.32 million, or maybe it was [crosstalk]
David Rose: Oh, it's 6.41 million.
Vice Mayor Martinez: 6.41.
David Rose: What that is, that moneys already been drawn. You've drawn that money over the last
18 or 20 months or what have you for projects. As a result of all that, we're recommending that
instead of paying 2.56% on that we convert to pay effectively 1.5% and is permanent for 20 years, but
as you said, it can be prepaid anytime for whatever reason and so with no penalty.
Vice Mayor Martinez: Great. Oh, that's good. This isn't more or less to fund new projects as much as
it is to stay stable with what we currently doing.
David Rose: I would defer to --
Clark Case: Right. The money we're taking out for the 20 years, the line of credit, that's been spent
on projects already. That's really over the last two- almost three years now. That's money we've
already spent on projects. We took it out of the line of credit, paid it. Now, we're going to borrow this
money, pay off the line of credit to the extent that we've already borrowed against it. We still have
additional capacity there to continue that program but this is to take down and spread it out over 20
years which was where the original plan was. Traditionally, you go out, you borrow the money, you
stick it in the bank account, and then you spend down out of the bank account. In this case, we spent
down our line of credit. We always spent it as we needed it so we did not have to pay any interest on
the money we borrowed until we actually paid the bill.
Vice Mayor Martinez: That's what I was getting at.
Clark Case: Correct. We saved money by only drawing the money when we needed it and now we're
going to turn around, take that out over 20 years, and we're going to save about a third on the interest
rate by going long at this time. It's a really good thing in our line of credits with the remainder is still
out there for us to use on future projects. The new money here is for the Airport Hangar. That's the
only new money involved in this whole deal.
Vice Mayor Martinez: Thank you for the explanation. Thank you for helping us out there. Again, 1
know people on this Council, especially the new people on the Council may not understand what
value it is to be able to have that prepayment and have a single interest rate throughout the life of the
Page '19 I November 9, 2021
bond and have no prepayment penalties because normally we have to wait for 10 years or something
before we could start paying down. Here, we're good to go so that's phenomenal.
Clark Case: That's correct. Had we gone into the market about a 20 -year traditional bond when we
did the line of credit, we would have had a 10 -year prepayment freeze, and you couldn't call it if rates
went down for that first 10 years or at least not without a big penalty. From our perspective, this was
the best of both worlds. It gave us the flexibility, we didn't pay interest on money we borrowed that
was sitting in that bank at maybe seven or eight basis points but while you're paying two -and -a -half or
three. It was a good move.
Mayor Burk: Ali right, anyone else? No one has signed up to speak. Is there anybody in the public
that would like to speak on this issue? There's no one in the audience. I will close this public hearing.
Do we have a motion?
Council Member Bagdasarian: I'll also make a motion to approve. 1111 make a motion to approve the
proposed resolution to issue general obligation bond or bonds in the maximum principal amount of
$4.450 million new money bonds to finance the costs of various capital improvement projects and the
Town's capital improvements program, and other approved capital projects, including without
[imitation, projects at Leesburg executive airport, collectively, the projects and the costs of issuing the
new money bonds.
Mayor Burk: Council Member Steinberg, did you want to take the second. You actually --
Vice Mayor Martinez: I wanted to make the motion but Ara already moved it.
Mayor Burk: Oh, all right. Do you want to do the second? Do you want to --
Vice Mayor Martinez: I'll let Neil do it as long as it passes.
Mayor Burk: All right, all in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? The next item is a public hearing on-- Thank you, Mr. Rose, it's great to see
you again. I call to order this November 9th, 2021 public hearing on the Leesburg Town Council.
Unless there's an objection 1 will dispense with the reading of the advertisement. If you wish to speak,
we ask you to either sign up on the sheet in the hallway outside of the chambers. If you did not get the
opportunity to sign up, we will give you the opportunity to speak. In the interest of fairness, we also
ask that you observe the five-minute time limit. The green light in front of you will turn yellow at the
end of four minutes indicating you have one minute remaining. At that time, we would appreciate you
summing up and yielding the floor when the bell indicates your time has expired.
Under the rules of orders adopted by this Council, the five-minute time limit applies to all. However,
rather than have numerous citizens present remarks an behalf of a group, the Council will allow a
spokesperson for the group a few extra minutes. In that instance, we would ask speakers when they
sign up to indicate their status as spokesperson, the group they represent, and a request for
additional time. Our procedure for the public hearing is as follows. First, there is a brief presentation
by staff about the item before us. Second, members of the public that have signed up to speak will be
called and given five minutes.
The public hearing on the agenda tonight is the Standing Residential Traffic Committee Amending a
Town Code Section 2-232.
Christopher Spera: Good evening, Madam Mayor, Members of Council. This should be, I hope,
rather quick. A meeting ago you directed staff to make some changes to convert the Residential
Traffic Committee from a standing committee to a formal advisory commission. These were the
changes you directed us to make. It was in your packet. This on your screen is what's in your packet.
The underscored is the added text. The lineated is what has been removed. The adjective standing is
removed from the title. it's now the Leesburg Residential Traffic Commission.
Page 20 1 November 9, 2021
RTC would be your acronym. As instructed, we added a provision that the appointed members of the
commission are compensated in the same manner as other advisory commissions are. The non-
voting members are not compensated, which is also consistent to your instruction. Then this is just
changing the name. A relatively simple change, to change from committee to commission and to grant
those appointed members compensation pretty straightforward. Happy to answer any questions that
you may have.
Mayor Burk: Are there any questions on this item?
Council Member Nacy: So moved.
Mayor Burk: Well, we have to hear from the public first.
Council Member Nacy: I was trying to beat —
Mayor Burk: I know.
[laughter]
Vice Mayor Martinez: This is your suggestion.
Mayor Burk: Is there anyone in the public that would like to speak that didn't sign up because no one
did sign up. Seeing there's no one I will close this public hearing. Is there a motion?
Council Member Nacy: Yes, so moved.
Mayor Burk: So moved. You move to approve the proposed ordinance to the Town Amendment
Code Section 2-232, correct? That was made by Ms. Nacy and seconded by Mr. Martinez. All in
favor?
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. That takes us to future meetings and topic agendas. Ms.
Nacy?
Council Member Nacy: No,
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian. [inaudible] Liberty Lot.
[silence]
Mayor Burk: You have nothing, Ms. Fox? Yes. It was on consent.
[background conversation]
Council Member Fox: Everything?
Mayor Burk: It should be everything.
Council Member Fox: Everything, okay. I'd like to add a new item yet again. I'd like to add the
addition of resolution to rescind resolution 2021-154 to our November 23rd Council Meeting.
Mayor Burk: Is there a second?
Council Member Fox: No, no this is not a motion. This is the same suggestion as last time.
Mayor Burk: I'm sorry. I did not hear you.
Page 21 1 November 9, 2021
Council Member Fox: I'd like to add an addition to the next Council meeting in two weeks to give
people notice for it, That would be to-- Since it was taken off this, it would be a new item again, and it
would a resolution to rescind the current resolution 2021-154. 1'd like to move that to our November
23rd Council meeting.
Mayor Burk: Anybody else have anything?
Council Member Fox: Oh, yes, I'm sorry. I have a disclosure. Sorry, sorry. Let's see, I did-- I have a
couple of calls here. 1 have one call from Wednesday, the 27th from David Gregory and Ron Campbell
concerning the trailer park issue and then I actually put a call into Mr. Gregory this morning. It came
from me. I spoke with him again, and since there's such an obsession with me speaking with Mr.
Gregory, 1 went ahead and put this out there even though it probably shouldn't have to be.
With a pointed comment that I'm about the only one who knew what was going on with the trailer park,
I did ask him if he had had any other discussions with anybody. He indicated that he did with most of
us up here and with staff. I do think we have enough knowledge to go forth with this. I was just
wondering what the closed session was for, why would we be speaking this in the public and we're
speaking about it in closed session.
Mayor Burk: Mr. Spera?
Christopher Spera: It's so that i can give you legal advice. It's so that I can give you legal advice
regarding certain aspects of what has been proposed.
Mayor Burk: Mr. Steinberg? Mr. Cummings?
Council Member Cummings: Yes, I just have one quick addition. Ask for a proclamation celebrating
the 10th anniversary at the current location and 30th anniversary in the community for Caldwell Banker
Realty on King Street.
Mayor Burk: Are there four people that would be willing to support that? All right that moves forward.
Eileen, did you need-- Okay.
Christopher Spera: You got four [crosstalk]
Mayor Burk: Any other names? Okay.
Council Member Cummings: Mayor, I'm sorry. I do have one disclosure. 1 apologize for doing an
upturn here.] as well met with Mr. Gregory and Pastor Michelle Thomas on the Graydon Manor
Leesburg Trailer Park situation.
Mayor Burk: Mr. Martinez, do you have anything?
Vice Mayor Martinez: No.
Mayor Burk: I have no disclosures. On October 28th, the Town held its board and commission
reports. It was very well done, and thanks to all the commissioners who came and reported on the
work that they're doing. It was extremely interesting. October 29, thanks to ProJet for the invitation to
attend and speak at the Aviation Education Expo. Each year they give out thousands of dollars for
student scholarships in the aviation field. There were over 800 students there and they gave close to
half a million dollars. There are so many vendors from the aviation world that the kids get the
opportunity to learn about different jobs, not just pilot jobs. It's a wonderful event, and ProJet puts it on
every year, and I want to thank them very much for doing that.
They also asked me to give each of you the yellow tag for your luggage because it will stand out. On
the 29th, I attended at Ion the National Figure Skating Championships. The ion International Training
Center really did a great job of putting this together and putting Leesburg on the map in regard to the
skating world. The organizers of this event made a point of coming up to me and saying how they
were so impressed with what facilities Leesburg had and they would be coming back. I want to thank
Page 22 j November 9, 2021
the Ion Training Center for all their hard work to make Leesburg a place for skating. When people
think about skating and they think about Leesburg.
I want to welcome the new Shop & Go at the Crescent Place. It's a new quickly go in and get your
milk and go home and have your cereal kind of place. It's a new addition of business there. On
October 30th, I participated in the Halloween for businesses, and this is organized by Sola from Very
Virginia shop. All the little kids came downtown. 65 businesses had candies for the kids, and it was so
well attended that it was almost dangerous with the kids on the street and the cars going by, but it
was well attended and everyone really enjoyed themselves and some of those costumes were
unbelievable.
I want to congratulate the Kiwanis Club on another fun, exciting parade, Halloween parade. I want to
welcome The Branch Bowling Alley and Restaurant on Catoctin Circle. This is a great fun family place
to go and play, to bowl, and to have a great meal there, breakfast, lunch, and dinner. This used to be
the old bowling alley and it was a little worn down, and they have revitalized or they redeveloped it
and it looks wonderful. I want to congratulate the Mason Enterprise Center on their 10th anniversary
and also welcome BKD Bagels. It seems like every time I go up there though, they're always sold out.
They're so popular already, but what a great new restaurant in addition to Town.
Finally, the Salvation Army Red Kettle campaign has begun and I want to challenge everybody on the
dais here to take a shift and to see who can possibly get the most donations for that hour or hour or
two shift. Vice Mayor Martinez and I have a competition going and he always seems to get close but
hasn't beat me yet. Mr. Cummings assured me that he is going to hire a marching band and make
sure that he wins this time. All of the money that is raised goes to Loudoun County and Leesburg in
particular. It doesn't leave the area. I want to encourage you to try to participate. I am also going to
challenge the Board of Supervisors to see if they can beat us or we can beat them with all of our
totals together.
1 sent a link. Please consider doing it and I look forward to seeing everybody there. Town Manager
you have any report?
Kaj Dentler: Just one comment, as you are already informed this afternoon to acknowledge and
congratulate Susan Berry Hill. She's announced her retirement from the Town after almost 14 years
with the Town and 40 years in her career. She'll be stepping down into retirement at the end of March.
Plenty of time to say goodbye, but just to publicly announce that she has made that news known now.
Mayor Burk: All right, thank you. We are going to go into a closed session at this point and that will
require that we're going to stay here. Mr. Dentler, we're going to stay here.
Kaj Dentter: We can if you like. There's no problem.
Mayor Burk: I move pursuant to Virginia Code, Section 2.2-3711(A)(8) of the Code of Virginia, that
Leesburg Town Council convene in a closed meeting for the purpose of consulting with legal counsel
regarding specific legal matters related to the Leesburg Mobile Park. Do 1 read both motions?
Christopher Spera: You can go into closed sessions for both of them and take the two items.
Mayor Burk: Okay. Then I'll --
Christopher Spero: Also move.
Mayor Burk: 1 also move pursuant to section 2.2-3711(A)(1), the Code of Virginia, that Leesburg
Town Council convene in closed meeting for the purpose of discussing the annual performance of the
manager. I moved it. Is there a second? Seconded by Vice Mayor Martinez. All in favor indicate by
saying aye.
Members: Aye.
Page 23 I November 9, 2021
Mayor Burk: Opposed? All right, 7-0. Could we have two minutes because I need to get something
out of my office for the evaluation part? If we could just take a break for two minutes, and then I'll be
right back.
Council went into a Closed Session from 8:42 p.m. -- 9:53 p.m.
Mayor Burk: Yes, we do, but I got to find the-- Where's the agenda? Okay. I am trying to find my
paper. Okay, sorry. In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council
certify to the best of each member's knowledge only public business matters lawfully exempted from
open meeting requirements under Virginia Freedom of Information Act, and such public business
matters for the purpose identified in the motion by which the closed meeting was convened, or heard,
discussed, and considered by the Council. Do 1 read the other-- Do I read that one separate --
]crosstalk]?
Christopher Spera: Just one. It covers the both motions.
Mayor Burk: Okay. Okay, covers both. All right. I have to do this by name, so Miss Fox.
Council Member Fox: Aye.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Aye.
Mayor Burk: Mr. Cummings.
Council Member Cummings: Aye.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: Aye.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Aye.
Mayor Burk: Miss Nacy
Council Member Nacy: Aye.
Mayor Burk: Miss Burk, aye. All right. I've closed the closed session. [chuckles] We voted on that,
and we have just two things that we-- business that we wanted to take care of. Mr. Martinez, do you
want to do the first one?
Vice Mayor Martinez: Yes, I move that the Town Council authorize the Mayor to write a letter to the
Loudoun County Board Chair, formally requesting that the County engage in discussions with the
Town and the Dry Mill Road property owner regarding the property owner's proposal for new a mobile
home park to which the Leesburg Mobile Home Park residents could potentially relocate.
Mayor Burk: Is there a second?
Members: Aye.
Mayor Burk: Seconded by everybody.
Vice Mayor Martinez: That should reflect it. Everybody wanted to second it.
Mayor Burk: Okay, but we'll give it to Ms. Fox. All in favor indicate by saying "Aye."
Page 24 I November 9, 2021
Members: Aye.
Mayor Burk: Opposed? Okay, that passes. Now, I have a small business, I did not make any resolute
of any-- What's the word I'm looking for? Agendas for the next meeting. I missed the opportunity to --
We have a resident here in Leesburg who is turning 100. Her family would love to have a
proclamation from us to recognize her 100 years of being here on the Earth. I forgot to mention that.
Would there be four people that would be willing to put that on the next agenda so that we could give
it to her? I know that's unanimous also. All right. Is there a motion to adjourn? Mr. Martinez moved. Is
there a second?
Council Member Cummings: Aye.
Mayor Burk: All in favor?
Members: Aye.
Mayor Burk: Opposed? All right.
Page 25 I November 9, 2021