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COUNCIL MEETING February 22, 2022
Council Chamber, 25 West Market Street, 7:02 p.m. Mayor Kelly Burk presiding.
Council Members Present: Ara Bagdasarian, Zach Cummings, Suzanne Fox, Vice Mayor
Martinez, Kari Nacy, Neil Steinberg, and Mayor Kelly Burk.
Council Members Absent: None.
Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy Town
Manager Keith Markel, Director of Utilities Amy Wyks, Director of Public Works and Capital
Projects Renee LaFollette, Emergency Management Coordinator Joe Dame 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 Mayor Burk.
4. ROLL CALL
a. All Council Members present.
5. MINUTES
a. Work Session Minutes of February 7, 2022
MOTION2022-034
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the minutes
of the Work Session of February 7, 2022, 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 February 8, 2022
MOTION 2022-035
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the minutes
of the Regular Session of February 8, 2022, 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 February 22, 2022
6. ADOPTING THE MEETING AGENDA
Mayor Burk requested a proclamation for COVID-19 Victims and Survivors Memorial
Day be added to the adopted agenda.
MOTION
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was proposed:
Adoption of the meeting agenda with the proclamation for COVID-19 Memorial Day added to the
Proclamations section.
Council Member Cummings requested item 13.a. —Motion to Rescind Resolution 2021-
154 be removed from the agenda.
MOTION2022-036
On a motion by Council Member Steinberg, seconded by Council Member Cummings, the following
was proposed:
Remove item 13.a. —Motion to Rescind Resolution 2021-154 from the meeting agenda
Council discussed the motion.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Fox, Nacy
Vote: 5-2
MOTION2022-037
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the meeting agenda was moved for
approval with a proclamation for COVID-19 Victims and Survivors Memorial Day added to the agenda and
item 13.a. —Motion to Rescind Resolution 2021-154 removed.
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.
8. PRESENTATION OF PROCLAMATIONS
b. Motion to Approve Proclamation for COVID-19 Victims and Survivors Memorial
Day
MOTION2022-038
On a motion by Council Member Steinberg, seconded by Council Member Bagdasarian, the
following was proposed:
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COUNCIL MEETING February 22, 2022
I move to approve the Proclamation for COVID-19 Victims and Survivors Memorial Day to be
proclaimed at the February 22, 2022, Town Council Meeting.
The motion was approved by the following vote:
Aye: Bagdasari an, Cummings, Fox, Nacy, Steinberg, Vice Mayor Martinez, and Mayor
Burk
Nay: None
Vote: 7-0
Mayor Burk read the proclamation for COVID-19 Victims and Survivors Memorial
Day.
a. The Basics Gracie Jiu-Jitsu 10 Year Business Anniversary
Mayor Burk read the proclamation for The Basics Gracie Jiu-Jitsu 10 Year Business
Anniversary. Head Instructor Mr. Marco Moreno accepted the proclamation and made a
few remarks.
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
Mayor Burk reported that the Coalition of Loudoun Towns (COLT) presented the
Loudoun County Board of Supervisors with the COLT-endorsed redistricting map.
11. PETITIONERS
The Petitioner's Section was opened at 7:17 p.m.
There were no Petitioners wishing to address Council.
The Petitioner's Section was closed at 7:17 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION2022-039
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following consent agenda
was proposed:
a. Sanitary Manhole Rehabilitation Project
RESOLUTION2022-024
Awarding a Construction Contract for the Sanitary Manhole Rehabilitation Project to Visu-
Sewer East, LLC in the amount of$415,125
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COUNCIL MEETING February 22, 2022
b. Crosstrail Boulevard Town/VDOT Maintenance Agreement
RESOLUTION2022-025
Approving the Crosstrail Boulevard Town/VDOT Maintenance Agreement
c. VDOT/Town Agreement for the Route 15 Bypass Interchange at Edwards Ferry Road and
Fort Evans Road Project
RESOL UTION2022-026
Authorizing the Town Manager to Execute and Agreement with the Virginia Department of
Transportation for Administration of the Route 15 Bypass Interchange at Edwards Ferry
Road and Fort Evans Road Project
d. Utility Easement Encroachment Agreement—River Creek Owners'Association
RESOLUTION2022-027
Authorizing the Mayor to Execute a Utility Easement Encroachment Agreement between the
Town of Leesburg, Virginia and River Creek Owners'Association
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. Motion to Rescind Resolution 2021-154
This item was removed from the agenda.
b. Letter Opposing a Football Stadium for the Washington Commanders in
Loudoun County
MOTION2022-040
On a motion by Council Member Fox, seconded by Council Member Nacy, the following was
proposed:
RESOLUTION2022-028
Authorize the Mayor to Issue a Letter to the Chair of the Loudoun County Board of
Supervisors Opposing the Washington Commanders Football Stadium and Commercial
Complex Being Located in Loudoun County
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Nacy, Steinberg and Mayor Burk
Nay: Vice Mayor Martinez
Vote: 6-1
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COUNCIL MEETING February 22, 2022
14. PUBLIC HEARINGS
a. None.
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. DISCUSSION
a. COVID-19 Update: Vaccination, Testing, and Mask Policies
Mr. Joe Dame provided Council with an update on the COVID-19 Vaccination,
Testing and Mask Policies. Council and staff discussed the item.
It was the consensus of Council to have staff provide a proposed resolution at their March 8
Council Meeting to address masking requirements and the vaccination and testing program.
The proposed resolution will include metrics to be used to provide policy guidance and a
process to reinstate any existing programs, as needed.
18. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Fox requested a motion to rescind Resolution 2021-154 be added to the
March 8 agenda unless rescinding or discussing the vaccination&testing program is included in
the proposed resolution from staff at the March 8, 2022, Council meeting.
Council Member Steinberg disclosed a phone conversation with Mr. Avi Fechter regarding
obtainable housing in the Leesburg Mobile Home Park.
Council Member Cummings disclosed he had a meeting with Mr. David Gregory to
discuss the Leesburg Mobile Home Park.
Vice Mayor Martinez disclosed he had a meeting with Mr. David Gregory to discuss the
Leesburg Mobile Home Park. Vice Mayor Martinez shared a budget request from the Parks and
Recreation Commission for adding kiosks to the Town's parks and recreation facilities to provide
historical context about the parks including how the parks were named. Mr. Martinez noted that
the Parks and Recreation Committee is forming a subcommittee to be led by Commission Chair
Brody McCray to conduct site surveys, complete the historical research and work with staff to
provide potential context for the kiosks.
It was the consensus of Council to add this to the budget discussions.
Vice Mayor Martinez also noted that the Parks and Recreation Commission asked him to
recommend Mr. Russ Shaw for the Parks and Recreation Commission vacancy. Council Member
Fox thanked Mr. Martinez for the suggestion and noted she had until late March to appoint a new
member.
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COUNCIL MEETING February 22, 2022
Council Member Bagdasarian requested staff to look at the costs for installation and
operation of smart parking garage technology.
It was the consensus of Council to provide this information to Council.
Council Member Nacy disclosed she met with Mr. David Gregory and Ms. Jennifer Smith
on a couple of different projects. Ms. Nacy commented that proclamation recipient The Basics
Gracie Jiu-Jitsu has a women's specific class for non-firearm-based self-defense and highly
recommends it as well as their kid's classes.
19. MAYOR DISCLOSURES AND COMMENTS /ADDITIONS TO FUTURE
MEETINGS
Mayor Burk requested Council hold a Town Hall meeting for residents in Kincaid Forest
to let them know that the road would be opening soon when Crosstrail Boulevard is complete.
It was the consensus of Council to have staff hold a Town Hall meeting to be sure residents are aware
that the Kincaid Boulevard would be opening once Crosstrail Boulevard is complete.
Mayor Burk noted that there were three proposed dates for Council to hold a joint meeting
with the Loudoun County Board of Supervisors but that she was unavailable for two of them. The
proposed date is April 28, 2022, which works for all Board and Council members with the
exception of Council Member Fox.
It was the consensus of Council to move forward with the joint meeting with the Loudoun County
Board of Supervisors on April 28, 2022.
Mayor Burk commented that she participated in a call with Loudoun County Social
Services regarding homelessness and the services available to the homeless community. She noted
that while services are available, an individual must want those services and that there was little
the government could do if they refuse. Mayor Burk praised the Leesburg Police Department for
their efforts with the homeless community. Mayor Burk thanked the Leesburg Volunteer Fire
Company for allowing her to swear in their new officers. She noted that she, Council Member
Fox and Supervisor Kristen Umstattd attended their banquet in Sterling. Mayor Burk said she
taped a Public Service Announcement for the Northern Virginal Regional Commission focusing
her comments on Town workers who never wavered in providing services to Leesburg residents
during COVID. Mayor Burk said she met with the Mayors of Loudoun and Supervisor Caleb
Kershner about the redistricting map. Mayor Burk attended the unveiling of the W&OD trail sign
depicting the Jim Crow laws and how it affected the railroads. Mayor Burk attended the Young
Kings Movement donation collection at Walmart and thanked Ms. Doode Summers for
organizing the event. Mayor Burk thanked Grand Master Choi for coordinating the masks from
Samcheok, South Korea. Mayor Burk wished everyone a happy Mardi Gras.
20. TOWN MANAGER COMMENTS
Mr. Dentler congratulated the Town's IT and Police Department staffs for the
successful implementation of a multi-year project to replace the Police Department's
Computer Aided Dispatch (CAD) System. Mr. Dentler said the final upgrade will be to the
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COUNCIL MEETING February 22, 2022
Police Department's records management system. More information will be provided to
Council by staff to ensure that newer Council Members are up to speed on the discussions
and decisions by previous Councils regarding this project.
21. CLOSED SESSION
a. None.
22. ADJOURNMENT
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was
adjourned at 8:•27 p.m.
Kell Bu , ayor
Town of Leesburg
ATTEST:
Clerk of Council 6
2022 tcmino222
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February 22,2022—Town Council Meeting
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate. For greater accuracy,we encourage you to review the video of the
meeting that is on the Town's Web site—www.leesburgva.gov or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: It is now time to start the Town Council meeting. Let me just call to order this
February 22nd, 2022. By the way, did you all notice it's 2-22-22?
Council Member Suzanne Fox: I have to add something to that. Had a wedding today, they wanted
2-22-22, and their second kiss, not first, but their second kiss was at 2:22. Thought that was kind of
cool.
Mayor Burk: There you go. If anyone in the room needs hearing assistance, please see the Clerk.
Council Member Nacy will be given the invocation, followed by the pledge. I will do lead the Pledge of
Allegiance. Council Member Nacy.
Council Member Kari Nacy: Bow your heads in prayer. Heavenly Father, we come to you this hour,
asking for your blessing and help as we are gathered.We pray for guidance in the matters at hand and
ask that you would clearly show us how to conduct our work with a spirit of joy and enthusiasm. Give
us the desire to find ways to excel in our work, help us to work together, and encourage each other to
excellence.Amen.
Mayor Burk: Thank you. Would you please join me in the Pledge of Allegiance?
All: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it
stands, one Nation under God, indivisible, with liberty and justice for all.
Mayor Burk:All right,let the record reflect that all Members of Council are present. I have work session
meeting minutes from February 7th. Do I have a motion?
Vice Mayor Fernando"Marty" Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Second.
Council Member Zach Cummings: Second.
Mayor Burk: Seconded by Council Member Cummings.All in favor?
Members:Aye.
Mayor Burk: Opposed? That's 7-0. Regular session minutes of the February 8th meeting. Moved by
Mr. Martinez. Second?
Council Member Cummings: Second.
Mayor Burk: Seconded by Council Member Cummings.All in favor?
Members: Aye.
Mayor Burk: Opposed?That goes 7-0. I'm going to move the adoption of the meeting agenda because
I would like to add to it a proclamation on COVID, memorializing the people who have passed away
from COVID during this time period. This is a national day. It is set for March 7th, and we do not meet
again until March 8th. If I could get this added to the agenda, it will go to the proclamation. We do not
have to suspend the rules with what we have done.
Page 1 I February 22,2022
I will ask that I get a second to adopt the agenda meeting with the addition of the COVID Memorial Day.
Council Member Burk and Vice Mayor, all in favor?Yes. Questions?
Council Member Cummings: I'd like to also amend the agenda.
Mayor Burk: Okay.
Council Member Cummings: I'd like to remove item 13A from the resolution section.
Mayor Burk: Okay, 13A.We do need a second.
Council Member Steinberg: Second.
Mayor Burk: Council Member Cummings and Council Member Steinberg. Any additions or deletions
to the agenda?
Council Member Fox: No, but I have something to say to the removal.
Mayor Burk: Okay.
Council Member Fox: Thank you. I have a few prepared words. At our last meeting, in discussing the
propriety of the mandate, it was suggested that the mandate made us safer. How do we know that the
mandate made a safer?What data do we have to support such a statement?What would even be the
criteria for validating that claim? We instituted this mandate without examining data, so there really
wasn't a way for us to assess how safe or unsafe we really were. Yet somehow, two weeks after non-
complying employees were terminated,we were definitely safer.
I think it's becoming increasingly obvious that we are really talking about feeling safer. When we take
the data out of the equation, all we really have to go on is feelings, which is a terrible way to make
policy. This seems to be a trend, unfortunately.We did discuss in the past restricting firearms on Town
property.We didn't rely on a single piece of data when we did that either.
Nothing that showed we were in any sort of peril, and nothing that demonstrated that peril would be in
any way remediated by the measures that we did take. What was clear is that some Councils did feel
unsafe, and that firearm restrictions made them feel safer. Again, it's a terrible way to make public
policy. However, there are things that I said in the past and it seems a little cynical, and if I was to be
cynical, which I'm going to give my colleagues the benefit of doubt, I might suggest that there have
been other divisive actions we have done based on feelings.
Again,when we start having conversations about ending the mandate two weeks after terminating the
employment, police officers, commissioners, other employees, it starts to look a lot less like a safety
measure. In any event, it's my sincere hope that going forward,we can base our decisions on data.All
of the available data across all relevant metrics instead of basing them on feelings. Thank you.
Mayor Burk: All right. All in favor of adopting the meeting agenda with the two changes indicate by
saying aye.
Members:Aye.
Mayor Burk: Opposed?
Council Member Nacy: Nay.
Council Member Fox: Nay.
Mayor Burk: Okay. That passes 5-2.All right.We have two proclamations tonight. Do we have to vote
on the proclamation for the COVID Death Memorial?
Chris Spera: Yes.
.• Page 2 I February 22,2022
Mayor Burk: Okay. I'll do that one first because that's the one we added to the agenda, and I will read
it. It says COVID-19 Victims and Survivors Memorial Day.Whereas the first Monday in March has been
designated as COVID-19 Victims and Survivors Memorial Day.Whereas COVID-19 is an illness caused
by a virus that can be transmitted from person to person and is spread across the world, creating a
global pandemic that has a catastrophic effects on human life, our community, and our economy.
Whereas local and state governments, health departments, and public servants have taken actions to
protect residents to support struggling local economies and has found innovative ways to provide
services. Whereas in response to rapid spread of COVID-19 and stay-at-home orders, essential
workers have stepped up to provide critical services to help protect our communities and save lives
while risking their own health and safety. Whereas COVID has had a disproportionate impact on low-
income communities and communities of color exacerbating inequalities already prevalent in our
systems that our nations should address.
Whereas public health guidance and policies targeted at prevention such social distancing, wearing
masks in public, and staying at home helped mitigate the spread of COVID-19 preventing illnesses and
lessing the burden of individuals in society. Whereas the symptoms and the severity of COVID-19 can
vary dramatically by individuals and long-term health implications for survivors is largely unknown. As
many survivors suffer with lingering side effects of the disease long after they no longer test positive.
Whereas each life lost to COVID matters and leaves a hole in the heart of loved ones,family members,
and surrounding communities.
Therefore, proclaimed that the Mayor and the Council of the Town for Leesburg in Virginia support the
designation of the first Monday in March as COVID-19 Victims and Survivors Memorial Day in
remembrance of those who have lost their lives and in an honor of those who are forever marked by
COVID-19, and continue to suffer the impacts of this virus. Proclaimed this day. Do I have a motion?
Council Member Neil Steinberg: So moved.
Mayor Burk: So moved by Council Member Steinberg. Second?
Council Member Ara Bagdasarian: I second.
Mayor Burk: Seconded by Council Member Bagdasarian.Any discussion on this?All in favor, indicate
by saying aye.
Members: Aye.
Mayor Burk: Opposed? All right. That passes 7-0. All right, and our next proclamation is for 10-year
business anniversary. Very exciting.Whereas in 2012, The Basics Grade Jiu-Jitsu opened its door as
a Jiu-Jitsu studio on Market Street in Leesburg,Virginia.Whereas this year marks the 10th anniversary
of The Basics Gracie Jiu-Jitsu. Whereas Gracie Jiu-Jitsu has proven to be the most effective and
humane system of self-defense, the only one in which smaller person can defend successfully against
a more athletic, bigger, and stronger attacker.Whereas a Basic Jiu-Jitsu, Gracie Jiu-Jitsu has received
several accolades, including Best of Loudoun Martial Arts Academy.
Whereas The Basic Gracie Jiu-Jitsu provides a wide range of programs, including kids bullyproofing,
women empowerment, Gracie combatives,master cycling,Gracie seminars in business fitness classes.
Therefore,proclaimed by the Mayor and the Council of the Town of Leesburg in Virginia,congratulations
to head instructor, Marco Moreno, and The Basic Gracie Jiu-Jitsu on their 10th anniversary and
extended gratitude for their continued service to our community. Proclaimed this 21st day. I'd like to go
down and present this to Mr. Marco on receiving this 10-year anniversary.
Thank you. Hello. How are you tonight?Thank you very much for coming. Let's walk over here so that
we can get in the cameras. [chuckles]There are cameras, so if you'd like to turn around. If your family
would like to join-- Oh, they're taking pictures. They're not going to join you. We want to congratulate
you. One of the things that's very important to us here in Leesburg is our small businesses. The fact
that you have started a business here in Leesburg, really makes us very happy, but that you're still
successful 10 years later.That really says a lot about what you're doing, how important it is what you're
doing, and all of that.
Page 3 I February 22,2022
We really appreciate the fact and we want to recognize you. Thank you very much for choosing
Leesburg to be the place to have the business.Would you like to say a few words about it?
Marco Moreno: Yes.
Mayor Burk: Please. [chuckles]
Marco Moreno: Thank you, Mayor, and thank you the Members of the Town Council of Leesburg. It's
crazy to look back and to see when we opened the school 10 years ago, it was my first business.
Mayor Burk:Wow.
Marco Moreno: I invested my life savings and my brothers had a contribution too. I didn't know what's
going to happen, but it turned out good. We had a great support of the community. Looking back, 10
years passed by really quick, but we're very proud because through martial arts, we empower people,
kids and adults. We teach them confidence. We teach them self-defense. We teach them to stand up
for themselves.We are very proud to be a positive influence for the community, helping people achieve
their goals, their fitness goals, helping improve their lives, mental health.
Martial arts is a perfect tool for that. I had a lot of people that helped me throughout the way. I just can
be very happy and I look forward to stay committed to keep teaching Jiu-Jitsu in the community because
this is my life's work. You'll see me here in another 10 years,for the 20 years anniversary. My brother,
I mentioned, he helped me. He supported me from the beginning. His name is Fernando. He's going to
go through a procedure. He got detected tumor, so this one is for him dedicated for my brother.
Fernando, I wish you the best, brother.
They're in Peru. I came here as an immigrant and I love the support. I love being in Leesburg. I have
my family,my wife,and my daughter now. I'm super happy to be part of this community and look forward
to keep bringing the best through Jiu-Jitsu. Thank you very much.
Mayor Burk: Thank you.
[applause]
Mayor Burk: Council Member Kari Nacy, are you a member?
Council Member Nacy: My daughter.
Mayor Burk: Your daughter?She was the one that brought this forward and wanted to make sure that
we recognized you today.What's your daughter's name?
Marco Moreno: Myla.
Mayor Burk: Myla. Thank you, Myla, for coming today. It was great to see you. Thank you. I will see
you again soon. Thank you, all.
[background conversation]
Mayor Burk: Anybody have any regional commission reports? The only regional report I have at this
point is on last Monday, the COLT. The Mayors presented a redistricting map to the Board of
Supervisors. It was not received particularly well, but we did try to do a redistricting map that would
represent the County well.We'll see where it goes.They have three maps that they're looking at. I think
they took it down to one and they'll look at the others and see what they're going to come up with.
That's going to be their most important decision in the next 10 years. It will be determined by how this
map is laid out. My next section is the petitioners. One of the first orders of business is to hear from the
public. All members of the public are welcome to address the Council on any item, matter, or issue.
Please, identify yourself and if comfortable doing so, give your address for the taped record.Any public
Page 4 I February 22,2022
speaker will be requested to state their name and spell it for the purpose of closed captioning. In the
interest of fairness,we also ask that you observe the five-minute time limit.
The green light on the timer will turn at the end of four minutes, indicating you have one minute
remaining at that time, we would appreciate your summing up and yielding the floor 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. There is nobody that has signed up to speak today.Well,that hasn't happened in a
very long time, but is there anybody in the audience that didn't get to sign up that would like to speak at
this point?
All right, being seen no one, I will now close the petitioner section. The next item on our agenda is to
approve the consent agenda. I will announce the items and then I will ask for a motion. If anybody wants
anything removed or at this point, so approval of the consent agenda. A, Sanitary Manhole
Rehabilitation Project. Number B is the Crosstrail Boulevard TownNDOT Maintenance Agreement. C
is VDOT Town Agreement for Route 15 Bypass Interchange at Edwards Ferry Road and Fort Evans
Road Project, and D is the Utility Easement Encroachment Agreement — River Creek Owners'
Association. Is there a motion to accept those?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Mr. Martinez. Second?
Council Member Fox: Second.
Mayor Burk: Seconded by Council Member Fox. Is there any item that anybody wants to take off?All
right.All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? Okay. That's 7-0. That takes us to our Letter Opposing the Football Stadium
for the Washington Commanders in Loudoun County.
Council Member Fox: Aye.
Mayor Burk: Okay. Council Member Fox.
Members: Second.
Mayor Burk: Seconded by everybody. Council Member Nacy. Do we need a discussion on this?All in
favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed?
Vice Mayor Martinez: Nay.
Mayor Burk: Okay,that's a 6-1.We don't have any public hearing tonight?
Chris Spera: No, ma'am.
Mayor Burk: Okay. That takes us to the discussion of the COVID-19 Update: Vaccination, Testing,
Masking Policy. This takes us into, correct me if I'm wrong, Mr. Spera, but this takes us into a work
session. There's no motion that will be passed?
Chris Spera: There is no action item for you. This is simply an informational item you can, after Mr.
Dame has made his presentation and staff has answered any questions that you have, you would treat
it like a work session if there was some subsequent item you'd like placed on a subsequent agenda,
that would be the time-
Page 5 I February 22, 2022
Mayor Burk: For the next agenda--?
Christopher Spera: -to get your head nods.
Mayor Burk: Okay.All right.Thank you. Hello, Mr. Dame. How are you tonight?
Joe Dame: Hello. Good evening, Mayor and Members of Council. I'm here to give an update on the
COVID-19 pandemic.This comes out of the Council request from your February 7th work session,where
there were a number of requests that for information, I just wanted to go over those which will highlight
tonight. Beginning with talking about the trends of COVID-19 cases, current hospital data, local
vaccination rates,changes in variants as the COVID pandemic continues,the assessment of risk within
the workplace here at the Town facilities, update on the testing program, and then a discussion on
current public health guidance from both the CDC and VDH.
Jumping into the COVID-19 data, this data was retrieved this morning from the CDC's website. The
CDC has data both on national state and local level data, so this is the Loudoun County data that we
have that's specific. The areas that I'd like to focus in on are the first two metrics that are listed on the
screen that you'll see. In these two metrics are what have been used a lot of times during the pandemic
to identify the level of community transmission and those are the new cases per 100,000 persons in the
past 7 days and the percentage positive of tests during the last 7 days.
As you can see, there are rates that associated there which we'll talk about the rates and what they
mean later, but you can also see on the right-hand column, the change in percentages, and this is
comparing this seven days versus the previous seven days. You can see in all the categories, we're
continuing to see drops after the Omicron spike that occurred in the December timeframe and moving
forward but also there are metrics that are becoming increasingly important as we transition to a new
phase in the pandemic, specifically looking at hospital admissions and also percentage of ICU beds
that are being used.
These are Loudoun County-specific numbers that come from the CDC, so you can see all those trends
there. Moving forward to a graph that is from the Virginia Department of Health now.These graphs are
particularly important when we're talking about the level of community transmission and getting a
baseline, you see the dotted lines down at the bottom. There are different colors,they're red at the top,
orange and then yellow. They are looking at the metrics with the top one being the rate of new cases
per 100,000,which on the last slide you saw, currently stood at 181 cases.
That still puts us in high level of community transition, according to CDC and VDH guidance. Then
below that is the percentage of PCR tests, which were positive in the last seven days, which has now
gone down to 7%, which that would put us into moderate transmission. We'll talk more about those
towards the end of the presentation with the recommendations. In terms of vaccination rates, what I
would highlight on this slide is that the percentage of population 5 years and older, we have 77% and
these are Loudoun County-specific rates, 77% of folks who are 5 years and older are fully vaccinated.
I use that five years and older reference because that is where the vaccines are currently approved for
five and older. I think that's a good benchmark to look at. Another important note when you're talking
about vaccination rates is that, currently, there is no CDC-defined level of high vaccination rates, low
vaccination rates. However, we can gather some information from how the CDC visualizes their data
and they use some different groupings, 0 to 29, 30 to 39, so on and so forth with 70 plus being the
highest level that is visualized on the CDC data.
There's no standard metric like we've looked at level of community transition, but I did want to give that
information. Regarding our Town employees, you can see the metrics here for full-time employees,
part-time employees, and board and commission members.Whether they're fully vaccinated or looking
if an individual has requested a medical or religious exemption to being vaccinated. You see the fully
vaccinated are above 91% in all those categories. In terms of variants, over the course of a pandemic,
viruses constantly change, there are mutations that can occur that can result in new variants.
The CDC, other public health organizations, such as the World Health Organizations have set up
models to track variants that are emerging or that are currently impacting the area. You see, they go
by--they start on the left-hand side there, where you have a variant being monitored. Then they move
Page 6 I February 22, 2022
up in consequence as they go. You see we have a number of variants that are being monitored,which
the CDC currently states that there's no public health threat from those current variants that are being
monitored.
There are no variants of interest currently, which really a variant of interest is that there's a predicted,
there could be a predicted increase in transmissibility. There could be a have predicted increase in
severe outcomes or hospitalization by what the genetic markers have indicated. There are two current
variant of concerns that we've been dealing with the Delta variant since last summer in the August
timeframe that became the predominant variant. Then more recently,the Omicron variant. The variant
of concern just indicates that there is evidence that there is increased transmissibility, increased
potential for hospitalizations, or more severe outcomes from the disease.
I skipped over one.This graph just shows you that variants do change over and the proportions change
over time. On the left-hand side of the graph in the orange, that is showing the prevalence of the Delta
variant in November timeframe. Then as we continued each week forward,you begin to see the purple
colors come in, and that's the Omicron variant. You see the transition where Delta waned away and
Omicron became the proportion that was the predominant variant.
There actually are different colors in the purple. There are some sub-variance that are being tracked,
as variants of concern with Omicron. In terms of our risk assessment, in 2020, the Town developed an
Infectious Disease Preparedness and Response Plan, where we did a workplace assessment to
understand the risk levels to our employees, based on what positions are in, which then that informed
many of our response procedures that we developed. We needed to develop procedures on enhanced
cleaning, in terms of distributing PPE to our employees to make sure they had the appropriate
equipment that they needed to keep doing their job.
Looking at isolation and quarantine. Isolation if they have a positive test, or if they have an illness that
is Corona-like illness, or then quarantine if they've been in close contact of a positive case. Moving
forward,we also had to develop the return-to-work strategies, if we had personnel that were out due to
an illness or due to quarantine.Those were key points within our risk assessment that we went through
when we were looking at that from a Town perspective.Then it's important to note that we've continued
multi-layered mitigation strategies.
A good example of this is last summer when the CDC came out with new guidance that masks were
not needed for fully vaccinated individuals. We did lift that requirement, Town Manager lifted that
requirement. However, we tracked the community spread metrics. When CDC transitioned back to
wearing masks in August, we transitioned back as well. In terms of the testing program, this is in
conjunction with Loudoun County, and the program began on February 7th. Currently, there are 57
participants that are participating in this program.
Human Resources is the point from the Town's perspective to support the participants that are in the
program, and also liaison with the testing vendor and the County to make sure that this is a smooth
process going forward. In terms of costs, currently, the Federal Emergency Management Agency is
reimbursing 100% of the costs until March 30th of 2022. Then to get into the real meat and potatoes,
the recommendations. The Town has consistently throughout the pandemic, we have followed public
health guidelines. Recently, in Northern Virginia, Public Health Directors send a letter out that
recommended easing mitigation strategies after 14 days below substantial transmission.
They talked also about looking at additional indicators as we enter into a new phase of the pandemic.
Here you can see what below substantial transmission would be new cases below 50 per 100,000
persons since past 7 days and below 8% positive testing within the past 7 days. Just as a recap, you
can see here,currently,we are at 181 cases per 100,000 and 7%.You see there is a difference between
those?VDH and CDC recommend taking the higher of the two, so we are in a level of high community
transmission. I hope I've answered all the questions and I'll definitely be here for discussion and
questions.
Mayor Burk: Okay,thank you. Very interesting. Mr. Cummings, do you have questions for Mr. Dame?
Page 7 I February 22, 2022
Council Member Cummings: Yes, maybe I missed it or just need some refreshment. In August, right
before August,we had the Town Manager directed staff when we were here without masks. Did we use
numbers at that point?Were we following CDC?
Joe Dame: If you go back, there's level--we use the CDC guidance that came out, and that was when
we had pushed through the first wave of vaccinations, and then we followed that guidance as well.You
can correlate some of it to those levels of community transmission where we dipped below moderate,
which would be this yellow phase in there.
Council Member Cummings: Okay. I have no other questions. I mean, I'll just make a quick comment
and then pass it along. I mean, I understand that we're all tired of wearing masks and having to worry
about this. I hope and I'll borrow Council Member Nacy is knocking on wood that we will get--by March,
April as the summer months come that we will get to that point. My feelings are that we continue to work
with--have our staff monitor the CDC numbers and we work within the guidelines passed down by the
health care professionals in the public health professionals and work to create a policy that protects our
employees, protects our citizens, and us to continues to look at the numbers.
Mayor Burk:All right.Anyone else have any--? Mr. Bagdasarian?
Council Member Bagdasarian: Well, yes. Thank you, Mr. Dame. Appreciate it. Just a couple of
questions that you may know the answers to. It's fantastic that the positivity rate is at 7%. I checked the
numbers this morning before this was updated and it's down from 8-plus percent from last week when
the original report came out. That's very encouraging. That is getting us to that stage where we can
start phasing out and in sunsetting some of the requirements like masking and the vaccinations and
everything. The question is, what's disappointing though, is the rate per 100K is 182. Does that rate
tend to follow the positivity rate?
Joe Dame: I believe it does. I actually had checked and some of the data had updated since we came
in and it was down to closer to 110 now.Those do correlate because,to get a case,you definitely have
to have a positive test as well. Those ones are not falling as quickly, but they are beginning to fall.
You're starting to see that in other areas of this state as well.
Council Member Bagdasarian: Is there an official statement by the CDC when we officially reached
this endemic stage where this is just part of everyday life indefinitely?
Joe Dame: Yes, and that's something that we've been tracking closely is there have been some
discussions from the CDC that they're reviewing some of the metrics that are out there to transition to
looking at hospitalizations or severity of the illness that goes on. That's something that we don't have
the information currently, but it's anticipated that it will be coming out in the coming weeks.
Council Member Bagdasarian: Great. I also think it makes sense to request at our next meeting
another update and see if the trends start moving down to those levels where we can start looking at
our policies and getting back to a normal state once again. I appreciate it. Thank you.
Mayor Burk: Ms. Nacy?
Council Member Nacy: How's the testing program being administered? How often do the 56
participants have to test and what's the--?
Joe Dame: Sure. They test every week. There is a scheduling portal that the individuals use and go
ahead and they schedule for one time within a seven-day window.
Council Member Nacy: Ok. So every seven days?
Joe Dame:Yes.
Council Member Nacy: What happens if somebody tests positive? Is there any contact tracing still
being done or how is that working?
Page 8 I February 22, 2022
Joe Dame:Yes,we have our procedures in place with our infectious control response plan.That would
be an isolation situation because you've tested positive. There would be the isolation period where
they'd be away from work and then we work with the staff through Human Resources to make sure
there are any context that are identified.We've done that contact tracing as well.
Council Member Nacy: What if somebody is vaccinated that tests positive?Are we just following the
five days versus or whatever the quarantine period is now?
Joe Dame: Yes, we're following that CDC guidance and doing that procedure for if there's someone's
fully vaccinated. If they're fully vaccinated, they're technically not by the guidance required to isolate at
this point.
Council Member Nacy: Oh, I didn't realize that.
Kaj Dentler: Can I just add on that? We are following the guidance because that exact example has
come up a couple of times recent. The only time we've extended the period of quarantine is if the
employee had the flexibility to work remotely. Let's say it was Friday and was day six and the employee
could come back. If the employee could work at home and it didn't impact the operations, go ahead and
stay home and just give another day of assurance, but technically, yes, that employee's able to come
back and there's no objection to doing that. It's a common sense.
Council Member Nacy:Are we requiring a negative test for them to come back or just the quarantine
period and then--?
Joe Dame: No. No test required.
Council Member Nacy: Thank you.
Joe Dame: You're welcome.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Yes. Thanks. Thanks, Joe,for your presentation. Where is the slide that
you mentioned the 14-day period?
Joe Dame: Oh, there you go.
Council Member Steinberg:What you're saying is we need 14 days basically of these accepted lower
numbers and then what?What will we consider at that point?
Joe Dame: Then that would put you into that moderate transmission level, which according to CDC
recommendations at that point-- I've heard Dr. Goodfriend referred to it as the pedal removes off of
some of the mitigation measures. Let me go back to this one. At low or moderate transmission, there
are basic prevention measures that are there, such as staying home if you're sick,washing your hands,
things like that. These are more basic preparedness measures, rather than when you get into
substantial high, that's when universal masking inside regardless of vaccination status. That's when
that becomes important.
Kaj Dentler:What I would add to that is, Mr.Steinberg is from, let's clarify,there's two different policies.
The mask requirement has been one that I, as the Town Manager, have implemented. Council has
implemented the vaccination program. I would follow the 14 days for the mask.Once Joe tells me we've
hit that mark, then I would remove the mask policy. If Council wants to remove it sooner based on
whatever decisions,that is totally your prerogative, you direct me, I follow that path.
The vaccination policy with the staff recommendation is to follow the same guidance but that's entirely
your prerogative to do. I can't make that decision for you.The end of this conversation,what I'm hoping
that you will do is to give us some direction we could prepare and unless Mr. Spera tells me,this is not
the way to go,that we would prepare the resolution for you based on the metrics or decision points that
you have set to hit,then once we hit that,then in essence, your policy could be rescinded if that is what
you wish to occur but you will have to take some direction to give us that.
Page 9 I February 22,2022
Again, there's two. There's a mask, I will follow as soon as he tells me you hit the 14 days, I will lift the
mask requirement unless you direct me to do otherwise. I have always target,figured that this is going
to be somewhere around 1st of April, and then the vaccination is yours.
Council Member Steinberg:Well,that would be the follow-up question then. If we achieve this 14-day
time period, I assume both the CDC and the Loudoun County Department of Health would still strongly
recommend a continuing vaccination effort whether it's a mandate or not. They would still strongly
recommend vaccination. Is that a fair assessment?
Joe Dame: Yes, reviewing the CDC and VDH that both those organizations do promote vaccination is
an important strategy and would continue to be.
Council Member Steinberg: Okay, so that'll be a decision. What's the start point for this 14-day
window?
Joe Dame: It would be when both of those--the key point is both of those metrics there would need to
be within that window because if one still in substantial and one's in lower, it's still in substantial. We'd
have to meet both of those. You have to be below 50 cases for 14 days. Then the percentage positive
would need to be below--
Council Member Steinberg:We haven't quite hit it yet.
Joe Dame: Correct.Yes.
Council Member Steinberg: Our clock has not yet started is the point.
Joe Dame: Correct.
Kaj Dentler: If I can add.
Council Member Steinberg: Go ahead.
Kaj Dentler: My apologies.We don't know for sure but we suspect that the CDC's guidelines are going
to drop—this 14-day mark may go down.We don't know that but don't be surprised.
Council Member Steinberg: You mean they may recommend fewer than 14 days?
Kaj Dentler: It's clear that we're moving in a downward direction.What their guidance will be,we don't
know but we expect it will change. I want to clarify,whatever direction you ultimately give, if the 14-day
is what your standard time, you need to word your legislation that you're following the CDC guidance.
That's our recommendation.You may have a difference. If you pass a resolution that we hit the 14-day
mark, but in between, the CDC drops at, let's say 10 days or 7 days, pick a number, then your policy
should follow that because the staff recommendation is to continue with the CDC guidance regardless,
as we would not know anything else to choose.
We talked about data and metrics, well, we're not the professionals. You may choose something
different. I'm just clarifying that in between this 14-day mark could ultimately be reduced downwards.
Don't be shocked if that occurs.
Council Member Steinberg: I understand. I would be the first to admit that for the last two years,there
has been a certain level of confusion and uncertainty. It's entirely to be expected, given how this
particular pandemic as they often do, just sprang up. It's like trying to put your pants on while you're
running and your pants are on fire. There was a lot of room for that kind of confusion and a certain
amount of error. You just said, of course, you're not experts, nor are we, so we are certainly relying on
experts to provide us. I think it's fair to say, all good intentions by this Council, that we were operating
on the data that we were presented.
I would say we did not create these decisions out of a vacuum, or a lack of data, or an ignorance of
data. It was a real effort to create as best we could, a safer environment from a public health standpoint.
Page 10 I February 22,2022
As we saw these variants, we couldn't know what the future was going to bring us. We could only see
what we had seen so far and try to anticipate and perhaps mitigate what could have become a much
worse situation.
I bring this up because I find it disturbing when well-intentioned Council Members who are trying to
serve the public good are accused, in this particular case, of a partisan effort or somehow trying to
achieve a power position when that was simply not the case. I would hate to think that the public felt
that we were in any way operating on that basis. For me, and I know for many of my colleagues,this is
simply a matter of providing a public health safety measure to the best of our ability, given the data that
we had, that we were not making up.
It was the data that we had at the time. I think we've done the best job we could. Obviously, this
discussion is going to continue for a little while longer as we decide how we wind this thing down. For
me, certainly, it will always be in the interest of the best effort we can make for public health. Thanks.
Mayor Burk: Ms. Fox.
Council Member Fox: Thank you. I wanted to focus a little bit on transmission. The Mayor has sent
out-- that's the memo of some sort, and it mentioned, transmissibility. What I didn't see is virulency,
severity, things like that. That got me questioning, are we acting solely on transmissibility?
Joe Dame: No, I think, obviously, we can look back to the Omicron variant. The Omicron variant was
certainly transmissible. I've read in articles that say,73%of folks were infected with the Omicron variant,
but with that, we did see increased hospitalizations in this region where that impacts many things. It
impacts wait times in the Emergency Department. Then if you're admitted, it impacts room in the ICU,
and having that, so it definitely did lead, even in this area, to some more hospitalizations,which would
be a more severe outcome for folks.
Council Member Fox: Speaking of hospitalizations, I read an article that the Biden Administration is
looking to see, to get the data and the statistics on who has been hospitalized with COVID, and who's
been hospitalized because of COVID, I guess. Of course, that might have been something that we
should have done before but at least it's being done now. The thing, the statistic that you have here is
that with-- I guess we don't really have that data yet.
Joe Dame:We have some data, and I'll go forward to this one,the CDC and--the references are in the
presentation. There is--the hospital's report to Health and Human Services. That is the agency that is
reported to for hospital data. Now, I don't have information on hospitalized with or because I don't have
the granularity of that data, but that's where that reporting comes in. They look at hospital admissions
within the last seven days, bed usage and then ICU usage. You're kind of looking at three different
layers.
As Mr. Dentler mentioned,that's what we anticipate that the CDC is going to come with some additional
guidelines that look more at hospitalization, or severity to get to what your question is there, Ms. Fox.
Council Member Fox: Yes, that's what I'm worried about. If we're acting solely on transmissibility,
there's a lot of things out there that are transmissible. Some do get severe, some get other diseases,
get severe, but we don't have the same policies. That's what worries me just a little bit, if we're just
looking at that.Going back to the vaccination,the testing requirements,and that with the 56 participants.
I understand the CDC has said that if you are vaccinated, you can still have it, you can still transmit it,
you don't even know it, that kind of thing. Are we doing this because it's just the policy of the Council,
even though the CDC has said, "Hey, everybody can get it, pass it the same way."?
Joe Dame: The testing program was implemented with the resolution as part of the resolution.
Council Member Fox: It just us. It was not CDC's stuff. We're not following that. We just did that
ourselves.
Joe Dame: Correct.
Council Member Fox: Okay. Thank you.
Page 11 I February 22, 2022
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: I have to agree with Council Member Steinberg that any decision I made had
nothing to do with partisan politics, but more of a public health concern for both our staff and our
residents. Let's put that out there. The other thing is I wanted to ask, is this data for Loudoun County?
Joe Dame: Correct?Yes.
Vice Mayor Martinez: It's not Leesburg. 95%of those cases could be coming out at Eastern Loudoun,
correct?
Joe Dame: That is correct. The data is at a County level. It is not specific. The data that's been
presented is not specific to Loudoun.
Vice Mayor Martinez: Everybody talks about the gut feeling. I'll have one too,that our data is probably
well within the guidelines of not you having the mask. I'll just say that, but what I would like to see is
what is the data for Leesburg?Are we better in meeting these restrictions in the County? Like I said, I
could see majority of that data coming from Eastern Loudoun, and with the density population out there,
that could be it, and we could be a safe zone.We don't know that, but I want to make sure that if we're
looking at the data, we're looking at the data for Leesburg and not just all of Loudoun County. Now,
even though we're going to interact with Loudoun County, I would like to base decisions on what's going
on in Leesburg, not Loudoun County. That's what I got. Thanks.
Mayor Burk: If I could answer that one. I actually asked the Chair if we could get just Leesburg specific
data and she said not at this time because it is a Loudoun County Health Department's job, but if we
wanted to have our own Health Department, we most certainly could make it and pay for it. When I
asked her, she said that there was no data specific to Leesburg.
Vice Mayor Martinez: Well, I would have to say that that is not a responsible response for our Town
and that we should continue to press and ask and the data should be there.We just have to figure out
a way to get it, and to sit there and say that just because you don't have a Health Department, yes, we
don't, but they do.We pay their taxes,we help fund that Health Department.We should be able to get
some response from that. If I have to, I'll keep pushing and pushing and pushing until we get the data.
Just let me know what I got to do. Thank you.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Two quick points. The policy that the Council adopted was tied to the
OSHA ETS emergency temporary standard,the vaccination or test for employees over 100 employees.
Just want to share, one, I've been on this the last several months, refreshing the data all the time, see
where things are, but the latest numbers they're in.Actually, the cases per 100 cases are down to 116
and the positivity rate is down to 6.33%, the latest updated numbers this evening. I'm hoping we're on
our road to normalcy here. That's a nice step.
Mayor Burk: Not quite.
Council Member Bagdasarian:We're almost there.
Joe Dame: That is still within high per the cases at 116, but it is in the moderate for the percentage
positive. You've seen that with some of the other locations using that data of Maryland's 3% positive
things like that.
Mayor Burk: Ms. Nacy.
Council Member Nacy: Oh, I was just going.to suggest some things.
Mayor Burk: Okay. Let me just say mine first. I think it's a very important point that Mr. Bagdasarian
just made that we weren't doing the testing based on the data that was provided by OSHA. We most
certainly didn't make any of these decisions without information from government experts. We are not
•
Page 12 I February 22, 2022
doctors here.We don't know.We shouldn't be making decisions, medical decisions like this without the
input of medical people that have a background in it.
Public safety is the most important thing that we do. It is our most number one job is to keep the public
safe. Every effort that we have made has been to keep the public safe.We went from remote meetings
to having big, gigantic pieces of glass between us, to wearing masks,to all the other things that we did
to try to make sure that people could come to these meetings and be safe. I'm very proud that we've
done that.We took that step. We took some criticism for it, but we took that step because all of us here
want to make sure that we are keeping the public safe.
I look forward to the time when we don't have to wear these masks and we can be safe. I do believe
that we are on that downward trend, but I do hope that what we will look at is getting rid of the mask
first and let's-- My concern about getting rid of the vaccines is if this goes back up again, we've got to
start getting people re-vaccinated or vaccinated. I'm concerned about that, but I am very proud of the
fact that so many people in Loudoun County and Leesburg have taken the responsible step to protect
themselves, their families and others.
I do want to thank the Council Members here for taking that step,that might not necessarily be the most
popular that we did receive some criticism for, and for Council Members for challenging us and making
us make sure that we were doing the right thing and going the right way. I look forward to moving
forward, getting rid of this and moving on, but I will always say that I know I did and that we all did the
right thing to protect the public and our employees. Ms. Nacy, you wanted to--
Council Member Nacy: Yes. Just listening to everything. I was refreshing the data as well. Everything
going on in the world and locally as well with people starting to pare down masks and rescind things in,
obviously, my stance and my desire would be for us to vote today to get rid of all of it, but in an effort of
compromise, would Council be willing to consider moving towards masks being optional, masks being
your choice, if you feel comfortable wearing one in Town Hall, wear it, if you don't, then don't. Then
perhaps, as long as the data keeps trending down by April 1st, could we remove the testing and
vaccination requirement for our employees?
Mayor Burk:All right. Do you have four people that would want to see the masking immediately become
optional and the vaccination requirement and testing be removed as of April 1st?We have Ms. Fox, Ms.
Nacy, and Mr. Bagdasarian, and Mr. Martinez.All right. You have more you wanted to say, yes?
Council Member Cummings: I just had one quick comment to Council Member Nacy's comment. I
agree that these masks are a pain, but I think the issue is when we becomes optional, it takes away the
effectiveness of the mask. If you're masked and I'm not masked, it doesn't work as effectively as
everyone being masked. I mean my personal opinion is I think we put numbers in place to hit.We allow
the Town Manager when those numbers hit that to eliminate the mask mandate and we move forward.
I think, my family personally has experienced issues with the optional mask issue at the schools. I think
we're going to see even more issues due to the courts, and the State, and the Governor's efforts with
taking the masks out of schools. I appreciate the spirit of compromise.Clearly,it worked.Me,personally,
I just think we need to, if we're going to have a mask mandate, it needs to be a mandate and we need
to follow the numbers.
Vice Mayor Martinez: If I may change my--what I wanted to add to Council Member Nacy's proposal
is that if we do move this forward like this, that we include a phasing back in requirement,that once we
hit a certain point, mask go back on, vaccination, and all that. What I don't want to do is just arbitrarily
say no more mask,and then all of a sudden,we have that thing back,and we may have to go back and
restart everything all over again. I'd rather just say, let's leave the optional mask, leave the mask, leave
the vaccine in place and make sure we have a phased-in or be able to reboot option that as soon as
we hit that level again, things go up, then we go back to where we are today.
Council Member Nacy: Sure. Yes. I would go along with what Kaj was saying earlier,where he did do
that in August, or whenever it was. I had Delta so I can-- [laughs] and I'm vaccinated, so I can tell you
how awful it was. In the spirit of compromise--
Mayor Burk: Mr. Steinberg.
Page 13 I February 22, 2022
Council Member Steinberg: Well, I'm trying to understand the intent here. Are we saying we would
relax the requirements regardless of what the numbers are and the CDC guidelines? Is that what we're
doing here?
Council Member Nacy:Well, I was saying, immediately make the masks optional, and then as long as
the numbers keep trending down by April 1st, remove the vaccination and testing.
Council Member Steinberg:Well, I would argue we followed guidelines pretty solidly so far and I don't
know how then we would hope re-phase, on what basis would we then re-phase guidelines if we're
going to ignore the guidelines now.We'll see what the vote is tomorrow, I guess, on our next meeting.
This is not a vote now, right?
Mayor Burk: We're not voting now.
Council Member Steinberg: We're not voting now. I have a question for Ms.--There's been a strong
recommendation that individuals 65 and over should probably have a fourth,well, second booster, but
a fourth shot. Do you have any information on where those are available or what the County is planning
to provide along those lines?
Joe Dame: I do know that the County is closing the point of dispensing the pod, which was at Dulles
Town Center Mall. However,the vaccinations are now widely available in the community at pharmacies.
You can go to vaccines.gov and search your zip code and you can find the locations where those
vaccines are available.
Mayor Burk: Okay. I would just like to say I think we've been following the numbers, and now, we're
not going to follow the numbers. We're just automatically going to say, "Let's do away with it," even
though we know we're still at a high rate. I don't think that was the intent of what we were originally
doing. If we were not going to follow the numbers, then we shouldn't even bother doing it at all, to be
honest with you. I understand where you want to go,you want to get rid of it, but to do it before we have
this--Obviously, it's coming down very quickly. If we could, instead of saying immediately do away with
the masks, if we could say when it gets to the moderate rate,then that immediately we can get--masks
aren't even optional unless you want to do it kind of thing.
To change now when we've been saying the whole way long that we are following data,we are following
the information, we are doing it based on data, and then to say, "Okay. We're not going to follow the
data anymore."To me,doesn't make any sense at all. I would be worried about it.Yes,Mr.Bagdasarian.
Council Member Bagdasarian: I do think it makes sense to have a phased approach.As far as lifting
the vaccination or testing policy,the temporary policy, I think that should be--Because right now,we've
hit one of two milestones prescribed by the CDC. We have hit the moderate level for the percent
positivity. That's what leans me in the direction of lifting the optional masking policy sooner rather than
later, but as far as lifting the full rolling back or sunsetting the entire policy, I think that should be tied to
the CDC guidelines hitting both the case rate per 100,000 and a percent positivity to be in the moderate
range. I think it'd be done in two phases. That's where I'm coming from.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: Well, I don't disagree with any of what's been said, except that these are
Loudoun County numbers, not Leesburg. If you go to Loudoun County and they say, "Well,we have a
Health Department and you don't, we're not going to give you the data." Just tell them, "Give us the
money to run our own health center or give our tax money back to us for our own health area and we'll
take care of it then. You don't have to worry about Leesburg," but of course, we know that's not going
to happen, but the bottom line is, is we are Loudoun County residents and as a Town Council, as a
governing body and entity, I don't think they have the right to deny us that information.
Mayor Burk: I don't think they're denying it, Marty. I don't think they have it. I don't think it's divided by
zip code.
Vice Mayor Martinez: Then what is the numbers for 20176, 20175, and 20177, and 20178?
Page 14 I February 22, 2022
Mayor Burk: That's what they're giving us, but you do realize that includes Lucketts and way down
south, and it's not just Leesburg.
Vice Mayor Martinez: I do understand that, but what I'm saying is, is I think the numbers are skewed
because they're including all of Loudoun County in these numbers. If we could-- I will eat my words or
whatever you want if you can find those numbers are matched, identical to what Loudoun County
numbers are for those zip codes.Anyway, that's my whole thing and I agree with the Mayor and I also
agree with Kari. I'm kind of straddling the fence here on this one.
I am so sick of mask. My wife will not let me walk out of the door without making sure I have a mask on
or available to one. I want them gone, but I don't want to do it irresponsibly. If we're going to put
something up for resolution, we really need to think how we want it implemented and how we want to
phase it out and if the numbers go back up, how we bring it back.
Council Member Nacy: Yes. Like I said, just in the spirit of compromise, just the conversation,
obviously, that we're all having. Masks isn't even my thing, but we're looking at, we're 90-- our
employees are 91%, 93%,99%vaccinated.What are we doing with the mandate for that anymore when
they've all complied? They did it. What I mean, there, maybe I'm looking at it differently, but yes, so
maybe there's a compromise there.
Mayor Burk: Do you feel like you have what you want to bring back to the next meeting?
Kaj Dentler:What I've heard is, is that I'll be back in two weeks with a resolution for you to consider on
the vaccination and testing policy,that we're going to follow the CDC guidelines. Once we hit those two
metrics that are there. Now, obviously, if in between if the CDC changes the metrics, then my
recommendation would be to see where we fit up with that, which I think as Joe has said, that's going
to be in your hospitalizations and ICU.
On the masking, what I've heard is I thought I heard is there are four people who want to immediately
remove the mask effective with that vote. That's two weeks out. Is that correct? Because I'll write it up
that way. The mask,what I've heard again?Well, yes, it would be optional,which--
Council Member Nacy: [inaudible]
Kaj Dentler: Correct. On your next meeting, I would have the mask will be optional,and then the mask,
the testing, and the vaccination policy would be rescinded once those numbers are hit so you would not
have to take another vote to resend it. In essence, your action in two weeks should you take it would
give us the path to move forward.
Mayor Burk: We may come back in two weeks, then those numbers maybe right where we need
[crosstalk]--
Kaj Dentler: If the numbers go back up, then you, what I've heard is you expect us to re-implement
those things.We'll write it out to that effect and if that's not what you want in two weeks,then you know
what to do.
Vice Mayor Martinez: There, in two weeks, if the numbers are kicking back up, it's on mute, but if
they're continued to go down and go down to a point where we are at a different level of moderate,
maybe we can then--then maybe what you're doing would be applicable.
Kaj Dentler: Right. As soon as it hits those metrics, then it would be rescinded both policies, but the
mask is optional. Then it goes back up if we hit the numbers again, but that's the direction you'll have
to make. We'll see if we can get Leesburg numbers, but I almost extremely confident, we'll never see
those numbers.
Council Member Fox: I have one last question and it has to do with what you've just said about the
vaccine mandate. As you know, I put it on every time because I feel like it should be rescinded and I've
given my explanation for that probably tirelessly. People are sick of hearing it, but it's too bad. One of
the things I'm wondering though is if the numbers do come down,and we put in place,okay,we're going
Page 15 I February 22, 2022
to take this away, but we're going to put it back if it goes back up too high, what-- Okay. Can we have
a conversation about, do we want it to have the same exact policy in place? Can it be--
Kaj Dentler: Yes, I know where you're going.
Council Member Fox: You know what I mean?
Kaj Dentler: I know where you're going.
Council Member Fox: I feel like it's draconian and that's why I keep hounding this thing. We've gone
a bridge too far. I understand people want people to be safe, but there are other things to consider too
included with safety. I'm wondering is that a conversation that the Council is willing to have.
Kaj Dentler: My advice would be, obviously that's going to be your decision, but my advice is if you
reinstitute the vaccination and testing requirement, that really we flip the script and that's really what
Town Attorney Spera talked about earlier is that everyone is tested. If those numbers rise up again and
we hit those metrics, that everyone is subject to testing unless you are current on your vaccination.
Council Member Fox: That's fine.
Kaj Dentler: Otherwise, it's going to get complicated because there's going to be a gap.Say it happens
in April or May, and then we get to the winter and the numbers rise,what employees have been hired
that don't have a vaccination? Right now,they're hired with the requirement.you have to get vaccination
or get exemption, are you current? It'll be logistically challenging on our side of the fence to deal with it.
I think the better way would be just go to a testing for everyone, but you can opt out if you're current on
your vaccination. We can write that up. I think Chris is probably comfortable with that because-
Council Member Fox: That makes sense.
Kaj Dentler: -that helps achieve I think where you're going.
Council Member Fox:Well, if we're going to really truly follow CDC,which has been the standard here,
then we need to follow, treat everybody equally, [chuckles] I guess, and not say, "Okay, if you're
unvaccinated,you're in this group and you have to be tested all the time for vaccinated,"that just doesn't
follow it. It's not a sound argument because of what the CDC has said.
Mayor Burk: But his suggestion would alleviate some of your concern.
Council Member Fox: Okay.
Kaj Dentler:Your concern is you want the program to end,you want the mandatory vaccination to end.
What I'm suggesting is if the numbers go back up, you don't have to re-implement the exact same
policy. You can have a testing requirement.All of us,well, not Council because of your position,would
be subject to testing.
If I show my vaccination status and I am current,which would include in, I think,at that time,we'll verify,
that would include the booster, then you can opt out, or you can decide if you've had two shots. You
can make the criteria of that. Everyone's on the same footing, but now you have the ability to opt out of
that, but no one loses their job because we're all going to have to do test or show proof of vaccination.
You see where I'm going?
Council Member Fox: I do see where you're going [crosstalk].
Kaj Dentler: That's what Chris talked about early on in this whole conversation.
Council Member Fox: Okay. Thank you [crosstalk].
Council Member Steinberg: Out of curiosity,what if you refuse to do either?
Page 16 I February 22, 2022
Kaj Dentler: I'm sorry?
Council Member Steinberg:What if an individual refuses to do either testing or vaccine?
Kaj Dentler: Well, that's a problem. I mean the employees have an obligation to follow whatever the
direction is to be tested or show their vaccination status. It's their choice. If those criteria are set and
the employee or individual doesn't want to do that, then I think we've already shown that we will take
the action. I didn't hear of any, just for whatever it's helpful, I heard of no one who objected to being
tested. No one wants to be tested, but given the two options, I didn't hear employees say, "I'm not going
to do that," kind of thing. I don't see that as a problem.
Mayor Burk: Okay, so you will be bringing this back and you have your light on it.
Council Member Fox: I don't have to bring it up again. We're going to talk about it anyway in two
weeks? [laughs] I just want to know what I need to do. That's all.
Kaj Dentler: I'll write it up. We'll have it in two weeks and then you're--
Mayor Burk: Sorry. I don't mean to tease you, but yes, I do. [chuckles]
Council Member Bagdasarian: [unintelligible]. Thanks.Well, I think also it's important to realize the
unpredictable nature of COVID 19. Last June, last July, we thought we were completely done. Was it
conferences, tradeshows, people were no longer wearing masks, I thought my mask was put away for
good.We had the new Delta and then we had Omicron. Being cognizant of the unknowns ahead of us,
but also being cognizant of the nature of pandemics, like I mentioned before, it will become endemic at
that point in time, even though transmissibility might be there, the severity might not. These are things
that we don't know yet, and so we're going to have to deal with them as time progresses, but hopefully,
this is the end hopefully.
Council Member Fox: Hopefully. Mayor, if I may. I thank you for saying that. My one concern is there
are things out there besides COVID. This is our fifth Coronavirus. We've had four others and what's
going to be endemic and that's the way it was always going to trend because it is a Coronavirus.
However, we don't treat any other disease or sickness the way we have treated this. I understand we
were spooked, I get that. Going forward, if it's going to be endemic, like the flu or other things, do we
still want to have the masks?That's what we need to consider.
Mayor Burk: That takes us to Council disclosures and comments. Ms. Fox.
Council Member Fox: I'd like to add the rescission of the mandate only if we're not going to discuss it
in two weeks.
Kaj Dentler: No. This will be on your agenda for action at your next meeting as, generally, I described
it.
Council Member Fox: Okay. Thank you.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Nothing for future. I have one disclosure a conversation on the phone
with Avi Fechter regarding obtainable housing in the Leesburg Mobile Home Park.
Mayor Burk: Cummings.
Council Member Cummings: Nothing for future meetings. I do have one disclosure. I met with David
Gregory to discuss the Leesburg Mobile Home Park.
Mayor Burk: Mr. Martinez.
Page 17 I February 22, 2022
Vice Mayor Martinez: I also have that disclosure. I was with Zach when we met with Mr. Gregory at
Graydon Manor. I also have some other things. I was at the Parks and Recs meeting on Monday and
they have some request for the budget. I'll read a little bit on the background. Over the course of time
at our parks and facilities, we have had different levels of information at our sites to provide historical
context.
This range includes none to minimal, and essentially what they want to do is have at all our different
parks and facilities to have a pedestal or--What do they call that? Kiosk, information about the different
parks. Why did we name it Raflo? Who's Raflo? Why is Georgetown Park, Georgetown Park? Some
historical context, all the different facilities or parks that we have in Town, and they would like for us to
budget some money to help fund that.
They're being very, very conservative when they say 40,000. We work with Rich. If we can come up
with a number. I also got a list of suggested facilities and such that I will forward the information I got
from Brody, who is chairman of the Parks and Rec. I will forward Rich's list of facilities so you all can
have a chance to look at these. I'm hoping that we can have some discussion of that in the future. Do
we need four people to--
Mayor Burk: Well,that's going to be part of the budget.Are you asking to add it to the budget?
Kaj Dentler: Yes. If there are four votes to do it, I would just add it to your budget discussion so you
can vote on it up or down. Sorry. I would just do it as a budget request. If you want to have a discussion,
I think from what I've heard, it's not very complicated to follow, we certainly can provide a presentation
on it as part of your budget. You're in the middle of budget, it's a relatively small number should you
feel as a valuable service to the community.
Vice Mayor Martinez: Well, the biggest example right now they gave to me was the skate park and
that have the informational plaque on the skate park. They would just like to see some of that add in
historical context on why we named some of our parks and those things. For example, Ida Lee. How
many people know who Ida Lee was and how we got the park?
Mayor Burk: We need to have four people. We're just doing the discussion, adding the discussion to
the budget. I think all of us are willing to have a discussion.
Vice Mayor Martinez: The next thing they tasked me to do, and this is just strictly informational item,
and if you want to get more information, contact Brody, but they're going to form a subgroup that will
conduct site surveys, historical research, and work with staff to develop some of the material that we're
talking about for the plaques. They will be having a subgroup that will gather the information.
The last thing is they have a vacant commission member and they're recommending that we approve
Russ Shaw to be the next candidate for the Parks and Rec commission to replace the person we lost.
I like Russ Shaw because he's been there for years, had to come off, and now he wants to come back
on to the Parks and Rec. I know that that was your appointee. I'm not trying to supersede your-- It's just
a recommendation if you want to consider him.
Council Member Fox: Oh, okay. I have until next month or something like that to--
Vice Mayor Martinez: Yes.
Council Member Fox: Okay. Thank you. Thank you for the recommendation.
Vice Mayor Martinez: Like I said, he's been there almost as long as I was on there when I first started.
He has a lot of knowledge about parks and rec in the whole area. Not just in Leesburg, but in Loudoun
County. He's a great candidate.
Mayor Burk: Thank you. Mr. Bagdasarian? Oh, you're not finished?Sorry.
Vice Mayor Martinez: I guess I am.
Mayor Burk: No, no, go ahead.
Page 18 I February 22,2022
Vice Mayor Martinez: No,that's okay. I'm done.
Mayor Burk: No, no, if you have more, yes. [chuckles]
Vice Mayor Martinez: Well, actually, I was on a roll and you stopped it and it fell off the cliffs.
Mayor Burk: Oh, get out. [laughs]
Vice Mayor Martinez: [chuckles] I'm good.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: I forgot what I was going to say again. Just one and no disclosures. I
do have one item that I'd like to bring up for discussion and presentation. As we get back to people
coming out again, parking is always an issue. I'd like to look at the costs for installation and operation
of a smart parking garage technology to calculate and display the number of available parking spots on
each floor of the Town parking garage. It'll help mitigate traffic parking fill up every available spot. Look
at some different options. We're looking at the Virginia Village Project. We'd like to see what the cost
would be and the benefits from staff.
Mayor Burk: That's a repeat discussion from previous years.
Council Member Nacy: I wasn't sure if we had to raise our hand for that.
Vice Mayor Martinez: [inaudible]
Mayor Burk: Oh, okay. Oh, you're actually asking for it?
Council Member Bagdasarian:Yes. Oh, yes.
Mayor Burk: Oh, okay. Four people. Yes. Okay, you got four. You got everybody. Sorry about that.
Council Member Nacy: I have one disclosure on February 9th, I met with Jennifer Smith and David
Gregory at Graydon Manor to talk about a couple of different projects. Then I don't have anything to
add. I just wanted to make a comment about the proclamation and the Jiu Jitsu. If you've never tried it,
I highly recommend it.They have a women's specific class which is amazing for non-firearm-based self-
defense and the kids' class is awesome to watch if you've got young kids which two of us do. [laughs]
They teach a little lesson before they do their actual learning the moves and stuff, and it's really just fun
to watch. You should stop by and just watch it sometime.
Mayor Burk: All right. Thank you. I have two things I would like to add to future meetings. One is the
County is getting ready to complete Crosstrails Boulevard. We put a barrier out to Kincaid Forest that
road there based on the fact that Crosstrails would not be open till Crosstrails was completed. I think
we need to do some Town Hall or something to get the residents ready for the fact that this road is
going to open. We are obligated I think to open Kincaid because that was the reason that we closed it
to begin with. I was wondering if we could have some Town Hall, some public hearing to allow the public
to become aware and hear their issues and concerns.
Kaj Dentler: I would recommend a Town Hall meeting or campaign but a public hearing because the
decisions made. Once Crosstrail is open, then Kincaid is open.
Mayor Burk: Right.We just need to make sure that--
Kaj Dentler: Right. If it's educational type of thing, different story.
Mayor Burk: Are there four people that would be willing to have that Town Hall? Okay. Thank you.
Then we got dates back from the Board of Supervisors for our joint meeting and we did get three dates.
Unfortunately, I cannot do two of them, but they're April 28th everybody could do both on their side and
our side, but with the exception of Ms. Fox. I need to know-- it's hard to coordinate 16 calendar
Page 19 I February 22,2022
schedules for all the people on the Board and ourselves without meaning to leave Ms. Fox out of it. Do
we want to do the 28th, or is there an alternative that we want to go back and ask them to come up with
more dates? Pardon me?
Vice Mayor Martinez: On Council Member Fox's input, it's like a greased pig, once you get hold of it,
you got to do it.
Mayor Burk: That's quite a metaphor.
Vice Mayor Martinez: It is.
[laughter]
Vice Mayor Martinez: I'm just full of obnoxious metaphors tonight. Let's put it this way. I'm for the 28th
Mayor Burk:Are you still stuck on the 28th is not, you're not available?
Council Member Fox: It's around, I'll make the effort. [laughs]
Mayor Burk: We have four people that want to send a note back to the County saying the 28th? All
right. I need to let people know a couple of things. One, participated in a call between the County Social
Services dealing with homelessness and the Leesburg Police Department, and it was very insightful
because all the different services that are available and the County's outreach is amazing, but in the
end it comes down to a person, if a person going to harm themselves or others or are they willing to
accept those services?
We have some local homeless individuals that are contacted on a regular basis by our Police and Social
Services, and they refuse any of the services. All the parties involved will continue to reach out, but if
you are getting any concerns as I have been about some of the individuals, let people know that the
County is open to them and is reaching out to them. Our Police Department is doing a phenomenal job
reaching out to them, but these parties and individuals do not want any help. There's nothing that we
as a government can do.
I want to thank the Volunteer Fire Company for allowing me to swear in their new officers. They held
their annual gala at the Doubletree in Sterling,and it had an'80s theme. I know that Supervisor Umstattd
was there and Council Member Fox. It was a great time, but it was a little weird to see people dressed
in the'80s. I forgot what a weird time period that was.
On the 15th, COLT spoke before the Board of Supervisors. I already talked about that. 15th, I taped a
quick thank you to all the first responders during the last two years in response to COVID. The tape is
PSA for the Northern Virginia Regional Commission. I focus my comments on Town workers that never
wavered during COVID, keeping our water running and our streets safe and all those other things that
the Town staff did.
February 18th, I met with the Mayors and Supervisor Kershner about the redistricting map. On the 19th,
I attended the unveiling of the W&OD trail sign, and it depicts the Jim Crow laws and how it impacted
the railroads. It's right off of King Street. If you get a chance, it's near Ara's house, you can just stop in
there and then go across the street. It's very well done and lot of really good information.
I attended the Young Kings Movement donation collection at Walmart. Hats off to Doode Summers for
organizing this group of young men to make them stronger and better men within their communities. I
want to thank Grand Master Choi because today I came without my mask and I forgot that he gave from
Samcheok, we got multiple boxes of masks and I was able to take one of them and use them today.
And I want to wish everybody a very happy Mardi Gras.
Do you have anything that you would like to add?
Kaj Dentler: Just one big milestone for the Town, if you remember, I think it was about two years ago
the Council appropriated funds to totally upgrade the Police Department's dispatch system. This was to
ensure that our ability to receive the data was recorded correctly without having to write it in or type it
Page 20 I February 22, 2022
in again. That's been accomplished. We got our certification for status a while back, and today is the
milestone of 02-22-22.
We have implemented our new CAD system, our Computer Aided Dispatch System, compliments to
Kuba and his team and the Police Department, and to Lieutenant Moore who's retiring officially on
Friday. He agreed to stay about an extra month or two to get this job done so he can leave, but that's a
huge accomplishment over the last two years on your investment into the Town's dispatch center,
because if you remember, we even talked about disbanding and allowing the County to do that.
We do have one final thing to do to upgrade the records management system. We can't upgrade any
further because the software technology isn't there available. Soon as it is, we will do that, but we'll
send a deeper report because some of you weren't here when that decision was made so you can
follow that, but those of you who have been here, we've made huge progress over the last two years
and I want to make sure you're fully aware of that information and the cost that we spent, et cetera.
Congratulations to our staff. Thank you.
Mayor Burk: All right. Is there a motion to adjourn?
Vice Mayor Martinez: So moved.
Mayor Burk: Second?All in favor?
All:Aye.
Mayor Burk: Opposed? Okay.
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