HomeMy Public PortalAbout2022_tcmin0308 COUNCIL MEETING March 8, 2022
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
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, Airport Director Scott Coffman, Thomas Balch Library Director
Alexandra Gressitt, Director of Finance and Administrative Services Clark Case, Emergency
Management Coordinator Joe Dame, Deputy Director of Finance and Administrative
Services/Treasurer Lisa Haley, Management and Budget Officer Cole Fazenbaker, and Clerk of
Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Steinberg.
3. SALUTE TO THE FLAG was led by Vice Mayor Martinez.
4. ROLL CALL
a. All Council Members present.
5. MINUTES
a. Budget Work Session Minutes of February 22, 2022
MOTION2022-041
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the minutes of
the Budget Work Session of February 22, 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 22, 2022
MOTION2022-042
On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the minutes of the
Regular Session of February 22, 2022, were moved for approval.
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COUNCIL MEETING March 8, 2022
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez Nacy, Steinberg and Mayor
Burk
Nay: None
Vote: 7-0
6. ADOPTING THE MEETING AGENDA
MOTION 2022-043
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the meeting agenda was
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
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. Women's History Month
Mayor Burk read the proclamation for Women's History Month and presented it to
Ms. Joy Griffith and Dr. Judy Hanley. Both recipients made a few remarks.
b. Loudoun County Volunteer Rescue Squad 70th Anniversary
MOTION2022-044
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the following
was proposed:
I move that the Proclamation for Loudoun County Volunteer Rescue Squad 70`h Anniversary be
presented at the March 8, 2022, Council Meeting.
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
Mayor Burk read the proclamation and noted that the proclamation would be
presented to the Rescue Squad at a later date.
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c. Irish-American Heritage Month
MOTION 2022-045
On a motion by Vice Mayor Martinez, seconded by Council Member Nacy, the following was
proposed:
I move that the Proclamation for Irish American Heritage Month be presented at the March 8,
2022, Council Meeting.
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
Mayor Burk read the proclamation for Irish-American Heritage Month and
presented it to Mr. Mike O'Connor. Mr. O'Connor made a few remarks.
d. Recognition of Caroline Green and Michael Parsons
MOTION2022-046
On a motion by Council Member Steinberg, seconded by Vice Mayor Martinez, the following
was proposed:
I move that the Proclamation for Recognition of Caroline Green and Michael Parsons be
presented at the March 22, 2022, Council Meeting.
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
9. PRESENTATIONS
a. John W. Tolbert, Jr., Environmental Award
Mayor Burk and Environmental Advisory Commission Chair Paul Sheaffer
presented the John W. Tolbert, Jr., Environmental Award to Ms. Lexi Howard. Ms.
Howard made a few remarks.
b. Leesburg Executive Airport Commission Annual Report and Priorities
Airport Commission Chair Dennis Boykin delivered the Airport Commission's
Annual Report and Priorities. Mr. Boykin and Council discussed the report and priorities.
10. REGIONAL COMMISSION REPORTS
Mayor Burk reported that she attended the Northern Virginia Regional Commission
meeting but that there was nothing significant to report.
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11. PETITIONERS
The Petitioner's Section was opened at 7:52 p.m.
There were no Petitioners wishing to address Council.
The Petitioner's Section was closed at 7:52 p.m.
12. APPROVAL OF THE CONSENT AGENDA
Mayor Burk requested item 12.b. —Private Property Mural Pilot Program be removed from
the Consent Agenda for discussion.
MOTION2022-047
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following consent agenda
was proposed with item 12.b. —Private Property Mural Pilot Program removed:
a. Appropriation of Grant Funds for Thomas Balch Library
RESOLUTION2022-029
Appropriation of Grant Funds in the amount of$6,900 from the Loudoun Library
Foundation for the Thomas Balch Library
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
b. Private Property Mural Pilot Program
Council and staff discussed the proposed pilot program. At the request of Mayor
Burk and with the consensus of Council, the Private Property Mural Committee was.
directed to make the following revisions to the program guidelines:
• Maintenance or repairs to the mural are the Town's responsibility
• The mural to be painted over by the Town at the end of the lease
• The property owner has veto power regarding the final mural design, even
though they are a member of the selection committee
MOTION2022-048
On a motion by Council Member Bagdasarian, seconded by Council Member Nacy, the
following was proposed:
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COUNCIL MEETING March 8, 2022
RESOLUTION2022-030
Adoption of a Limited Private Property Mural Pilot Program and Initiation of Amendments
to Article 18 of the Zoning Ordinance to Redefine the Term Mural
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy and Mayor Burk
Nay: Steinberg
Vote: 6-1
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. COVID-19 Update with Recommended Metrics
MOTION2022-049
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the
following was proposed:
RESOLUTION2022-031
Identifying COVID-19 Metrics Guiding COVID-19 Pandemic Related Policy
and Procedures
Council Member Fox made the following substitute motion.
MOTION
On a motion by Council Member Fox, seconded by Council Member Nacy, the following was
proposed:
I move this resolution terminating the Town's mandatory vaccine practice and enacting a new
policy, which proscribes the instituting of compelled vaccinations in the future. Whereas,
scientific, CDC-based data indicates that there is no demonstrable connection between
vaccination rates and transmission rates, and, Whereas, it is evident that compelled
vaccinations are both inappropriate and inadequate for accomplishing stated goals of ensuring
a safe workplace, and, Whereas, the town's current vaccine mandate violates the basic human
rights to bodily autonomy and control over one's own medical decisions, and, Whereas,
vaccine mandates have the effect of being divisive, of lowering morale, and of depriving the
town of valuable employees, vendors and commissioners, therefore, be it therefore resolved;by
the Council of the Town of Leesburg in Virginia as follows:
1. That the Town shall terminate its current mandatory vaccination policy for its
employees, and
2. That the Town will memorialize in policy new proscriptions which eliminate the
possibility of mandatory vaccination policies in the future, unless it can be first
established, with relevant data, that the vaccine in question is both a necessary and
sufficient means of making the workplace safer.
Council and staff discussed the substitute motion. During discussion Council
Member Cummings called the question, seconded by Vice Mayor Martinez. No vote was
taken on the motion to call the question and no further discussion was allowed.
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COUNCIL MEETING March 8, 2022
The motion failed by the following vote:
Aye: Fox, Nacy
Nay: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Vote: 2-5
Council and staff discussed the original motion.
The original motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: Fox
Vote: 6-1
14. PUBLIC HEARINGS
a. Fiscal Year 2023 Proposed Budget Public Hearing
The Public Hearing was opened at 8:41 p.m.
Management and Budget Officer Cole Fazenbaker presented Council with the Fiscal
Year 2023 Proposed Budget overview. There were no questions from Council.
Public Speakers:
There were no speakers wishing to address this public hearing.
The public hearing was closed at 8:49 p.m.
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Fox disclosed she met with Mr. Peter Kalaris regarding Meadowbrook
Farm. Council Member Fox commented on the unfair procedural process that occurred during
the COVID-19 Update and Recommended Metrics discussion and how it impacted her ability to
speak to the substitute motion she proposed.
Council Member Cummings disclosed he attended a breakfast meeting with Mr. Carl
Gustayson, out of Town architects, other Council Members and staff.
Council Member Bagdasarian disclosed he attended a breakfast meeting with Mr. Carl
Gustayson, out of Town architects, other Council Members and staff. Council Member
Bagdasarian requested a Work Session discussion on April 11, 2022, with Ms. Carmen Felder and
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the 89 Ways to Give Foundation regarding the Black History Mural Project that they have been
working on over the last year.
It was the consensus of Council to add this item to the April 11, 2022, Work Session for discussion.
Council Member Nacy recognized Girl Scout Troop 70084 and thanked them for inviting
her to attend their meeting to talk about women in politics.
Vice Mayor Martinez noted in reference to the Proclamation for Women's History Month
that he was glad to see the progress women have made in society but feels that it is not enough.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk noted she attended the "If I Were the Mayor" program at Loudoun Country
Day School. Mayor Burk said she and Airport Commission Chair Dennis Boykin attended a
Loudoun County Board of Supervisors meeting to talk about the Airport and the Noise Overlay
District and thanked the Board for listening to them and making the necessary changes to the
overlay district. Mayor Burk attended the Police Outreach Program at SimplyBe Coffee Shop.
Mayor Burk attended the Chamber of Commerce Annual Meeting where one of the award
winners was Ms. Kindra Dionne, a Leesburg local. Mayor Burk disclosed she attended the
breakfast presentation with Mr. Carl Gustayson on the Carolina style of planning. Mayor Burk
welcomed ResQ BBQ to Leesburg. Mayor Burk congratulated Gracie Jiu-Jitsu on their 10th
Anniversary celebration. Mayor Burk noted that she was contacted by families with Ukrainian
relatives and they were very touched that Leesburg lit Town Hall and the Garage with Ukrainian
colors in support of the Ukrainian people. Mayor Burk noted she was a proud Irish woman and
wished everyone a Happy St. Patrick's Day.
19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. Land/Property Acquisition
b. Pending Litigation/Annexation and/or a Boundary Line Agreement with
respect to the JLMA
MOTION2022-050
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was proposed:
I move pursuant to sg 2.2-3711(A)(3), 2-2-3711(A)(7), and 2.2-3711(A)(8)of the Code of
Virginia that Leesburg Town Council convene in dosed meeting for the purpose of discussing and
receiving information regarding the potential acquisition of real property for the public purpose,
and for the purpose of consultation with legal counsel and briefing by staffing members related to
multiple pending cases including the following, the Town of Leesburg et al versus Loudoun
County et al, Loudoun County Circuit Court No. 19-1768 and Graydon Manor LLC versus the
Town of Leesburg, VA, Loudoun County Circuit Case No. CL 21-4323 where such consultation
in open session would adversely affect the negotiations or litigating posture of the Town, and
consultation with legal counsel regarding specific legal matters requiring the provision of legal
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advice by such counsel, and pertaining to the potential annexation and boundary line agreements
with respect to the JLMA.
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 convened in a closed session at 8:59 p.m.
Council convened in an open session at 10:07 p.m.
MOTION2022-051
On a motion by Mayor Burk, the following was proposed:
In accordance with Section§2.2-3712 of the Code of Virginia, I move that Council 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)
Fox—aye, Steinberg—aye, Cummings—aye, Vice Mayor Martinez—aye, Bagdasarian—aye,
Nacy—aye, Mayor Burk—aye. Vote 7-0
21. ADJOURNMENT
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was
adjourned at 10:08 p.m.
Kelly Bur , May
Town of Leesburg
ATTEST:
r'e°11"""is.
Clerk of Council
2022 tcmin0308
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March 8, 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.leesburqva.qov 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: Calling to order the meeting of--Let me get my agenda,sorry,the meeting of March
81h, 2022. If there's anyone in the room that needs hearing assistance, please see the Clerk. The
Invocation will be given by Council Member Steinberg followed by the Salute to the Flag by Vice Mayor
Martinez. Council Member Steinberg.
Council Member Neil Steinberg: Thank you. I'd like us just to take a moment of silence please as we
consider the issues in Ukraine and support for the people who live there.
[silence]
Council Member Steinberg: Thank you.
Vice Mayor Fernando "Marty" Martinez: In that same subject, before I ask you to stand, I want you
to consider what the Salute the Flag means to us and all Americans while we see people in Ukraine
suffering with that war they have over there. Our veterans, past, present and future, help preserve our
freedoms and allow us the freedom to be able to stand up and say our Pledge of allegiance. It has a
special meaning to me tonight for that reason, so please join me in standing.
All: I Pledge to Allegiance to 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.
Vice Mayor Martinez: Thank you.
Mayor Burk: All right. Roll call. Let the minutes reflect that everyone is present tonight. I have Budget
Work Session minutes of February 22nd. Do I have a motion?
Vice Mayor Martinez: So moved.
Mayor Burk: Moved by Vice Mayor Martinez, seconded by Council Member of Steinberg. All in favor,
indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed?That's 7-0. Regular Session Minutes of February 22nd, 2022.
Vice Mayor Martinez: So moved.
Mayor Burk: By Vice Mayor Martinez, seconded by Council Member Nacy. All in favor?
Members:Aye.
Mayor Burk: Opposed?That passes 7-0.We have the adoption of the meeting agenda. Are there any
amendments or deletions? I have a motion to accept the adopting of the meeting agenda.
Vice Mayor Martinez: So moved.
Mayor Burk: Vice Mayor Martinez is on a roll. Seconded by Council Member Fox. All in favor, indicate
by saying aye.
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Members:Aye.
Mayor Burk: Opposed? All right. We don't have any Certificates of Recognition, but we do have four
proclamations tonight. The first one is for Women's History Month. This is being accepted by two
remarkable women here in Leesburg. I am just going to read this. When I'm finished with the
proclamations, I will ask everybody to come forward as we recognize them. The first one is the
proclamation and recognition of Women's History Month. Whereas American women of every race,
class, and ethnic background have made historical contributions to the growth and the strength of our
County and our Country and our Town in countless recorded and unrecorded ways, and whereas
American women have played and continued to play critical,and economic,cultural, political,and social
roles in every sphere of our life in our community by continuing a significant portion of the labor force
working inside and outside of the home.
Whereas American women have been leaders not only in securing their own rights of suffrage and
equal opportunity, but also in the abolitionist movement, the emancipation movement, the industrial
labor movement, the civil rights movement, and other movements such as the peace movement,which
has created a more fair and just society for all, and whereas despite these contributions,the role of the
American women in history has been consistently overlooked and undervalued in the literature of
American history.
Whereas during Women's History Month, let us also honor and recognize our own local women for their
contributions that have helped to build and shape our communities. Whereas Joy Griffith has
contributed numerous hours of volunteer services throughout the community, including but not limited
to Ampersand Pantry products, St. James Church, Loudoun Hunger, the Homebound Meals. She
received the Golden Apron for 50 years of volunteering at the Annual Rummage Sale hosted by the
Ladies' Board at the (nova Loudoun Hospital. Ms. Griffith retired from Loudoun County Public Schools
after many years of service as a Physical Education teacher.
Whereas Dr. Judy Hanley recently retired from her long-time role as a Chief Executive Officer of
Loudoun Abused Women's Shelter also known as LAWS. She has spent countless hours advocating
for victims of domestic violence,sexual assault, and child abuse. Dr. Hanley initially established LAWS
Child Advocacy Center in 2007, and her efforts and commitment to end domestic violence is still felt
throughout the community. Therefore, proclaimed that the Mayor and the Council of the Town of
Leesburg of Virginia designate March as Women's History Month and we celebrate the role of women
in American history and in Leesburg.We'll go down and give that to the ladies in a few minutes.
Next proclamation we have is for the 70th Anniversary of the Loudoun Rescue Squad. This Loudoun
County Volunteer Rescue Squad's 70th Anniversary.Whereas public safety, emergency response, and
rescue services are vital for a safe community, and whereas the Loudoun County Volunteer Rescue
Squad was first established in 1952 with just 12 members of the community and a donated Ford Ranch
Wagon in order to provide basic first aid training and assistance in emergency incidences, including but
not limited to auto accidents.
Whereas today the Loudoun County Volunteer Rescue Squad is made up of approximately 50 volunteer
operational members, a dozen apparatus of various types and a multimillion-dollar facility on Catoctin
Circle in Leesburg, Virginia, and whereas the Loudoun County Volunteer Rescue Squad provides vital
public services to Loudoun County,including the basic medical care,and emergency support,advanced
life support professionals, water rescue, and a wide variety of technical rescue capabilities.
Whereas it is appropriate to recognize and congratulate the accomplishments of the Loudoun County
Volunteer Rescue Squad on its 70th Anniversary of service and to thank the Loudoun County Volunteer
Rescue Squad for the hundreds of lives that it has saved and the many injured that is comforted and
treated while providing safe transportation to the local hospital. Therefore, proclaimed that the Mayor
and the Council of the Town of Leesburg in Virginia recognize the Loudoun County Volunteer Rescue
Squad on its 70th Anniversary. We celebrate the service that the Loudoun County Volunteer Rescue
Squad has contributed to our community over those last 70 years.
May I have a motion for that one? Moved by Vice Mayor Martinez. Second?
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Council Member Ara Bagdasarian:Yes.
Mayor Burk: Council Member Bagdasarian.All in favor.
Members:Aye.
Mayor Burk: Opposed? That's 7-0. That we will take over to the Volunteer Rescue Squad. The next
one is a proclamation recognizing the Town's Irish Community. This is for Irish-American Heritage
Month. Whereas the United States Congress designated March as Irish-American Heritage Month in
1991. During the month of March, we recognize the contributions that the Irish immigrants and their
descendants have made to United States. Virtually every realm of American endeavor, from steel
working to biotechnology to literature has seen improvement through the Irish descendent hands and
minds. Whereas for centuries Irish-Americans have played a crucial role in helping to find the soul of
our community, and today nearly 1 in 10 Americans proudly trace their roots back to the Emerald Isle
with hope and faith in their heart.
The first immigrants from Ireland crossed the Atlantic in search of liberty and opportunity.Whereas the
story of the Irish-American has always been one of strength and perseverance through adversity, many
Irish immigrants arrived on American shores to escape the great famine only to face discrimination and
prejudice and poverty. Despite these hard times, they embrace their new homes in every corner of
America.
Whereas this month and throughout the year the Town of Leesburg celebrates the heritage of Irish-
Americans and encourages our citizens to learn more about the positive impact Irish-Americans have
made and continue to make in Leesburg. We have at least two up here right now. [laughs] Therefore
proclaimed that the Mayor and the Council of the Town of Leesburg recognized March as Irish-American
Heritage Month. We encourage all residents to take this opportunity to celebrate nearly 33 million
Americans with Irish ancestry and their tremendous contributions to our country. Do I have a motion for
this?
Vice Mayor Martinez: So moved.
Mayor Burk: So moved by Vice Mayor Martinez. Council Member Nacy seconded.All in favor?
Members:Aye.
Mayor Burk:That passes 7-0. For the last one, I simply need a motion, and this will be given out later,
but is recognition of Caroline Green and Michael Parsons.That is moved by Council Member Steinberg.
Vice Mayor Martinez: Second.
Mayor Burk: Seconded by Vice Mayor Martinez.All in favor?
Members:Aye.
Mayor Burk: Opposed?All right. I'm going to go take these down to everyone.Yes, sir?
Vice Mayor Martinez: [inaudible]
Mayor Burk: [inaudible] I'm going to ask Joy and Dr. Judy to come up. Dr.Judy Hanley. Now,Joy and
I started teaching together a few years ago. As young teachers, there's a lot of times where you want
to go out after a week of dealing with children, and we would say to Joy, "Are you going to come join
us? We're going to be at somewhere." She would say, "Oh, no, I've got to go--" and it would be some
volunteer opportunity. We could never get her to socialize and go out because she was always
volunteering.
Joy Griffith: Or teaching Driver's Ed.
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Mayor Burk: Well,that's good too.
[laughter]
Mayor Burk: Just the amount of effort and time that you have put to helping the community is so
inspiring. Thank you very much. The fact that you have a Golden Apron, wow. I didn't even know
anybody got those. Oh, well, but that's really great. Thank you very much for that and we really
appreciate it.
Of course, Dr. Hanley, what can we say about you? That the impact that you have made on the
community has been tremendous. You started the care facility for children that were abused and then
you went on to becoming the director of LAWS,the abused women's shelter.The work that you've done
for the community and the people that you've helped and lives that you have saved has been
tremendous.We thank you very much.You most certainly represent women well, both of you.
Joy Griffith: Thank you.
Judy Hanley:Thank you very much.
[applause]
Mayor Burk: Oh, thank you.Would either of you like to say anything?
Joy Griffith:Yes.This is quite an honor. I was taking my sister yesterday to Point of Rocks for surgery
on her hand. By the way, my sister is Rachel Roberts and she's the Leesburg flower lady. Because of
all the cutting of the flowers, she's developed trigger fingers. Then the call comes in and I said, "Sure,
I'll be there." Then this afternoon, I called Tara and I said, "Wait a minute. What do I have to do and
where do I have to be?"This was quite an honor. Certainly a surprise.
I'm born and raised in Leesburg. I grew up a half a mile from here. Some of the things that I've seen I
really like and some I don't, but that's for another day. I'm so proud of my Town and the people that are
now in charge of my Town. I think I'm just very, very grateful for the fact that I know Kelly personally, I
know Kaj personally, and Kari, I know her personally. It's just a great feeling. Even though we're a large
Town now,there is a small-town feeling, at least for me. Thank you very much.
Mayor Burk: Doctor, real quick.
Judy Hanley:Yes, please. I just want to say thank you very much. It was a pleasure serving Leesburg
and Loudoun County for 14 years, putting the lives of survivors of domestic violence, sexual assault,
child abuse first. I am now the Executive Director of A Place to Be, and we teach music therapy with
kids of multiple abilities. It's a nice change,but I'm very proud of the work that I did and I'm very thankful
for this proclamation.
Mayor Burk: Thank you. We're very proud of both of you. Thank you very much. Oh, can we get a
picture?
[applause]
[silence]
Mayor Burk: Thank you.All right.
Judy Hanley: Thank you very much.
Mayor Burk:All right. The next one. There's nobody here from the Rescue Squad, right? Because I'm
presenting that to them later. The next one I'd like to call up Mr. Michael O'Connor. Mr. O'Connor is
most certainly known throughout, if not Leesburg, Loudoun County for many things, but one of them is
Page 4 I March 8, 2022
being very Irish, and not that I am. [laughs] If you look down the hallway, you can see my office there,
it's all displayed with Irish stuff.
As we were trying to think of a representative to accept this proclamation, repeatedly, I can't tell you
how many people said, "Michael O'Connor. Have you asked Michael O'Connor? Have you talked to
Michael O'Connor?" I kept saying, "No, he's in Chicago. No, he can't do it, he's in Chicago." Then
someone said,"No, I just talked to him yesterday."[laughs]I'm so glad that you were able to come here
and accept this because if there's anybody that truly epitomizes the Irish spirit, the Irish determination,
and the Irish talent, it most certainly is you.On behalf of the Town Council, I'd like to present this to you,
but I have a feeling you probably have a few things you'd like to say.
Michael O'Connor:Thank you very much, Mayor. For a tough guy, I actually can bubble up on all that.
That was a very nice introduction. I'm very proud to be here tonight and to accept this great
proclamation. I'm of the first generation, really, that came out of Ireland after the Second World War. I
know so many people that came here with nothing and became leaders in this country and took care of
each other and made it our country.
Our living room and dining room table was full of tales of Irish bravery and ballads of great men. There
was religion in our house and there was a feeling of neighborhood. I personally feel that very much
about the Town I love so well in Leesburg. My dad came out with$19 in his pocket, and he did just fine
for himself.
Mayor Burk: He certainly did.
Michael O'Connor: He did. Some that spent 30 some years as head of the Chicago City Council. I
worked for Mayor Daley,who sent me to Washington originally.We've been very lucky as a family and
very much Irish. I will be leaving on Friday for the Chicago St. Patrick's Day Parade,as you can imagine.
I've not missed one parade since I'm three. It's a great heritage for us. We're still working on having a
St. Patrick's Day Parade here in Leesburg. For all those Irish that are here in Leesburg and Loudoun
County,thank you very much. It's great to be recognized and it's great to be Irish.Thank you very much.
Mayor Burk: Yes, it is. Thank you.
[applause]
Vice Mayor Martinez: If I might add, Michael, you're a great tenor. [laughs]
Mayor Burk: All right. Thank you, everyone. Oh, I should have stayed down there. We now have the
presentation of the John Tolbert award and I would like to invite Paul Sheaffer,the Chair of the EAC to
join me. [applause]
Mayor Burk: Today we're giving the Tolbert Award, and this annual award goes to a recipient that has
made an impact environmentally. EAC reviews multiple applications in regard to this and they pick the
person or the group that really represents the biggest improvements and the group that's made a huge
impact to the environment of Leesburg and Loudoun County.We're very honored today to be honoring
the recipient, and I'm not going to reveal it because I'm going to let you do that, but I would ask you to
recognize the members of the EAC that are here today.
Paul Sheaffer: Yes. I'm Paul Sheaffer. I'm the chair of the Environmental Advisory Commission. The
Environmental Advisory Commission has chosen Lexi Howard for the 2021 Tolbert Environmental
Achievement Award, which is an annual award to individuals, community groups, businesses, or
students who benefit the Town's environment. Lexi created Project Pollinator to help educate the public
about the importance of pollinators and native plants.
Miss Howard incorporated both an educational segment and an application piece into the project. For
the education part, she set up information through local plant nurseries and the Rust Library,where she
handed out pamphlets. For the application portion, Lexi engaged in two wildlife restoration initiatives.
Congratulations, Lexi, and we wish you continued success.
Page 5 I March 8, 2022
Mayor Burk: Come on up.
[applause]
Mayor Burk: This was a secret. We didn't know that. We were talking before and we were like, "Who
got it?Who got it?"Nobody knew.Then I just realized your name is on the award. We should just have
looked at the award, but congratulations. This is quite an honor to be able to--That's two pieces, don't
drop it.
Lexi Howard:Yes,that's[inaudible].
Mayor Burk: Yes, [laughs] so you don't want to drop it now. Would you like to say a few words?
Lexi Howard: I would. Thank you guys so much for this. It feels really good to have your work
recognized,especially by you guys,which means a lot to me as an environmentalist. I'm going to school
for environmental studies. It's my whole career path. I'm very excited about what I'm going to do. Project
Pollinator got me so excited that I decided to start up the first Earth Day Parade in Loudoun County this
year, which will be this April, and so I'm very excited to start sharing more information as the day gets
closer, and I hope to do more projects in Leesburg's-
Mayor Burk: What's the date?
Paul Sheaffer:April 23rd [laughs]
Mayor Burk: Yes, mark your calendar,April 23rd.
Lexi Howard:April 23rd in Franklin Park from 10:00 to 2:00 PM will be our first Earth Day Festival and
we're very excited about it. Thank you all.
Mayor Burk: Thank you. Thank you, Paul. I really appreciate you doing this. Paul is the Chair of the
EAC. I see Jen.Jennifer is over there.She was the former chair. Everybody is so interested and excited
on this committee.When I go to these meetings, it's really hysterical because they're just so energized
and so excited that it's a great feel. You guys have really done a lot of good stuff, so I hope you will
continue. Did you want to get a picture?
Lexi Howard:Yes.
[silence]
Lexi Howard:Thank you so much.
Mayor Burk: Oh,we got another one.All right,thank you very much.
Lexi Howard: Thank you, guys.
Mayor Burk: There's a box for it.
[applause]
Mayor Burk:All right.Our next presentation is from Mr. Dennis Boykin,who is the chair of the Leesburg
Executive Airport Commission. Mr. Boykin, you have 10 minutes to present your very insightful slides
that you have shared with us.
Dennis Boykin: Thank you, Madam Mayor, Members of Council, thank you for your service to the
Town, thanks for the time. We haven't been up to see you in six years, so we've got a lot of material.
I'm going to go very quickly. If you have questions,feel free to ask after the 10 minutes is up. Next slide.
I have a clicker?
Page 6 I March 8, 2022
Kaj Dentler:Yes, right there.
Dennis Boykin:Vision and mission haven't changed in a lot of years,we just reviewed those.The next
slide talks numbers.We can go back and talk about those later. In fact,we're going to hit them a couple
of times during this briefing, but they're really big numbers compared to the history of the Airport.
The next slide, numbers. 111 hangars. You talked about those last night, we're talking about budget
and adding additional staff to the Airport. I'll talk about that in a second. There's no room at the inn right
now.We are full up, that's why we're trying to get out for bid again on more hangars and talk about the
west side. We have 269 based aircraft, the most we've ever had, including the most turbine aircraft
we've ever had. Those are corporate airplanes, jets, and turboprops. That number is bigger than it's
ever been. In fact, it's twice as big as it was a couple of years ago.
Because business aircraft are our business, although these numbers are a little low, we do get a lot of
companies flying through,a lot of jets flying through, and a lot of business at the Airport. Obviously, our
tower, customs, and the ILS added to a lot of that business.We have an FBO who supports a lot of the
business and does a really good job with transient aircraft and visitors. That helps a lot.
We also do community support at the Airport. Most of you have seen this picture. What you haven't
seen maybe is the next one,where we had one flight school in 1989,we have five today.We have two
full-motion simulators. Actually, they're limited motion simulators, but you see one in the upper right-
hand corner. That's two more than 98% of the Airports in Virginia. We have five flight schools that
regularly get national awards. COVID-19 was a really weird animal for us. Let me go back a slide here.
We're going to talk about that and increase in training demand on the later slide.
The next slide that I will spend a minute on, as we are growing up, this is a very, very important thing
for you to remember because you all are the ones who spend the money. Our two largest pieces of
snow removal equipment are pictured here.We are now 24 hours a day supporting corporate operations
as we have been for many years, but there's a lot of corporate operations now. We can't just go telling
them, "The runway is closed because it snowed last night."We've got to keep moving.
You see the building, which you authorized budget I think year before last, which is now almost
complete. That picture, in fact, I took that just a week ago and it's already completely shelled out and
just about ready for occupancy. I think next month if they get the doors in in time. We needed that
building to support our new equipment, including that 20-foot Oshkosh snow broom that Scott Coffman
and I stayed up late a couple of nights writing a grant request from [unintelligible]to talk him out of it.
Talking about increasing air traffic here, COVID was very strange for us, it really hurt our FBO and it
hurt our business aircraft operations because business travel slowed down tremendously.What it didn't
hurt was our student population.We have a high density of information workers in the County, many of
them were working from home and found out that in between meetings, they could get down to the
Airport and get in a flight lesson.
There was a large supply of masks, a whole lot of wipes going on, a whole lot of hand sanitizing going
on, and a lot of people flying a lot of airplanes. Our traffic count is up tremendously. Our favorite
statement of the Airport is we hesitate to think about what it'd be like if we didn't have our tower. Now,
since it's been many years since we've been here, we completed a customs facility, we rehabbed the
runway lighting, we refurbished the interior of the terminal, if you haven't been out there a while, Scott,
with a lot of help from Lindsay Arrington, did a great job on that. We activated the air traffic control
tower, and you see the things that are coming up.We'll talk about those here in the next slide.
Starting with the remote air traffic control tower.The only thing I'm going to highlight here is my Procter
and Gamble marketing line at the bottom of the slide, "Now with radar feed," and that radar has made
a tremendous difference to the operations of the Airport now that they actually have it.You've seen this
picture before of where we sit in the airspace. In the upper left-hand corner, we have our special little
Leesburg maneuvering area,the only one in the nation.We also have the only remote air traffic control
tower in the nation. We're special. You see the picture at the bottom where our tower was installed in
the conference room.
Page 7 I March 8, 2022
This is what it looks like today. I apologize for not getting that black spot in the center just to the left of
the weather display is where the radar feed is, but it's so dark it didn't come out in the picture. This is
what's running across the street from the Airport on Miller Drive today. It's running very well. We're
super, super happy with it and it's helped us out tremendously.
Of course,we work on land use. Most of you have seen this slide just a month ago as we went up and
I, in fact, spoke to the Board of Supervisors last week about the Airport Impact Overlay District will be
out to the Transportation and Land Use Committee at the County on the 16th of this month.We'll talk a
little bit about the CIP here. We have a lot of things coming up here. Let me just highlight a couple of
them for you. We've already talked about the maintenance facility, the north hangars that is out for a
bid now, and we'll come back to the one we approved last year but couldn't come to an agreement with
the builder on that. Times are weird in construction.
The Airport FBO Hangar Purchase,we have programming FY'24, it could actually go out a little longer
than it had to.We've come to the end of a 40-year lease,and we're required to buy the building.There's
a lot of pavement renovation down there and then the west side. Don't be confused by the total project
cost of the West Side Land Development. That only covers the airside improvements. That doesn't
cover anything beyond the taxiway.
Here's our demand right now. Those are big numbers. A lot of people want to be here. Like I said, no
room at the inn. That leads us into a discussion of the Airport Development Working Group. I'd given
you a couple of updates via email. We'll meet on Thursday for our next to last meeting before we're
getting ready to brief the Town Manager, then the commissions, and we'll bring it up to you. We've
interviewed a bunch of people during this process. We had a public input session in January. We're
getting great support from the staff and Tony Howard at the Loudoun County Chamber of Commerce.
We're looking at all sorts of different options and what we're learning through this process has been
really interesting, things that we never knew were out there.We've gone out and talked to the industry
experts found out there are lots of options, and the numbers are very large.A quality decision matters
here because it's a big impact to the Town taxpayer.
Our near-term priorities, as always to keep the remote tower by moving it into the Contract Tower
Program. It's still in the experimental stage by FAA standards.
We talked about operational support staff last night and that's important. I was going to tease the Town
Manager. I was pretty certain I heard him say September for a new hire, but he's assured me that I just
need to stay out of that and let the staff handle it. Continuity of Operations Plan came up at the
Commission meeting in where we did our priorities.We'll be working on figuring out where all the power
comes for everything and making sure we have continuity in all of that.We are, in fact, already starting
to think about electric airplanes. I'm not kidding. They're coming. One of our flight schools has two on
order.
Now, it's like the beginning of Tesla. The delivery date slips, but we have to think about that. We have
an FBO Contract to think about. It's ending in a couple of years.Whether or not,we need to renew that.
Then we want to talk about a potential hangar enterprise fund or authority. I'll leave you with this slide
and then answer your questions.
I think we've answered the budget question on the new Airport operations staff position,so I won't spend
any time on that, but one of the things that the Finance Department was working on before they let one
of their staff escape to Lovettsville to be the Town Manager was looking at a hangar enterprise fund or
a hangar development authority, and this points out and we've been working with the Economic
Development Commission.
What appears to be, to me, a need for an economic development authority at the Town level of some
sort because we're looking at constructing revenue-generating items that are putting a load on our
borrowing capacity, but might be better served by some other fashion, but whether or not that comes
off our revenue capacity or our borrowing capacity is questionable, whether or not we can do that. I
Page 8 I March 8, 2022
would recommend that one of the things we look at is asking the Finance Department to do some
serious investigation as to whether or not we can look into some kind of enterprise fund just for hangars.
That, with 40 seconds left to go, is six years of what the Airport Commission has been up to and what
the Airport's been up to. At this point, I am reminded that I have to thank the Town Manager for Scott
Coffman. We wouldn't have half of what we have going on today if it weren't for Scott. Right now he's
trying to wave me off behind my back by trying to get me to be quiet. Subject to that, I'll open it up for
questions, Madam Mayor.
Mayor Burk: Thank you, Mr. Boykin. Is there any questions at this point? Mr. Bagdasarian.
Council Member Bagdasarian: Thank you, Mr. Boykin. Just a couple quick questions. Number one,
you mentioned the corporate travel. Is there any specific industries that are more prevalent when it
comes to corporate travel at the Leesburg Airport?
Dennis Boykin: Just think of the industries that you see up and down the Dulles Greenway and down
the Toll Road. Those are the businesses that we see coming through there, everything. Whoever's
building something here, is selling something here, a lot of high-tech firms come through here.We are
pretty careful about not telling people exactly who it is. In fact, a lot of times we don't know if they're
shared aircraft. If they're flying Net Jets or one of those operations.We don't even know who it is. The
FBO does a really good job of providing those people some privacy. As you might imagine, those are
folks that don't want a whole lot of publicity when they're traveling,for good reasons.
Council Member Bagdasarian: Speaking of FBO,where do you see the long-term role of FBOs in the
Airport operations?
Dennis Boykin:Well,they're a critical part of the operation, unless we want to start selling gas and test
Scott Coffman to be providing box lunches for people. He's back there shaking his head. I just know it.
The thing about a commercial FBO,and we're waiting for an upcoming FBO to finish all of their minimum
standards requirements where they start the business, is that they provide a commercial focus on
providing travel services, which are not really what we do at the Town. That's not really our job. It's
important for the FBO to be able to do that.
Now, FBOs have their mission. They have what they do. They support transient aircraft, they provide
maintenance support,they support the local aircraft. Some of them do some of it better than others, but
they need to focus us on that.
Council Member Bagdasarian: Last question. Where do you see the future for the remote air traffic
control tower? Is that a model that is anticipated to be employed in other Airports? What was the
objective of initial [crosstalk]?
Dennis Boykin: Well, if it's up to the vendor who built it, it would be at every Airport today, because
there's a revolving door of people they're bringing through on tours all the time. Of course,that was part
of our agreement with them, is that once we get it set up and running, they'd be bringing tours in there.
Now that it's actually behind a locked door over on Miller Drive, the tours actually go—they built that
space so the conference room has a window where you can look inside and see it. I think it's going to
take off. I think it's really going to go because it provides a level of safety for general aviation reports
you don't have at a much lower cost, way lower.
Council Member Bagdasarian: Thanks.
Mayor Burk: Thank you. Ms. Nacy,
Council Member Kari Nacy: Thank you. Just to piggyback off of the remote tower, what needs to
happen for it to become a program of record versus a pilot program? Does it just need to exist for a
certain amount of time or is there anything that we can help do?
Page 9 I March 8, 2022
Dennis Boykin: It is actually an FAA [unintelligible] a program of record that you and I know as
Federal contractors, but it isn't typed certificated. The equipment has not been "certificated" and that's
a term they use it's in proper English, but it's the FAA. Once it gets type certificated and it gets handed
over to the Air Traffic organization,which is already sort of using it, but the Next Gen Program office is
still involved in its operation, once it gets handed over, then it goes into the contract tower program.
Then we won't have to worry about this constant annual appropriation issue to make sure there's
enough money for Next Gen to keep it running.
They're running it as a quasi-operational facility as is,they're using contractors to run the facility.They're
using ATO procedures. They're dealing with Air Traffic organization. They have [unintelligible]
agreement with Potomac, TRACON, the local area controllers. They have what they call a
[unintelligible] shout line, a constantly open line between here and Warrenton to the controller there
and they have a constantly open line to Dulles because we have to coordinate our departures to the
south with Dulles departures to the west. It's just a function of getting through their bureaucratic wickets.
Council Member Nacy: Hoops, yes. Then talk to me a little bit more about-- Help educate me please
on a hangar enterprise fund,what your thought is behind that?
Dennis Boykin: Unfortunately,the thinking on that escaped to Lovettsville. He was really doing a good
job of trying to lay out how we would move the hangars. Hangars are revenue generating facilities unlike
anything else we have at the Airport. You build a steel shell-- They look exactly that maintenance
building when they're getting put up, it's a Butler building. You bolt it together. It's got a concrete floor
and a big garage door. It's really big garage door. It's 60 feet wide, but it's a garage door.
Then you're generating revenue off of that. The amount of money you can make out of that if you build
them yourself are very high, and you can have an impact on the tax rate by doing that, but you have to
borrow the money to do it, and up until now,we've done it all with general obligation bonds,which limits
the amount of money you can borrow to build skate parks and tennis courts and the rest of that stuff.
If you move it to an enterprise fund or to an authority, like a hanger authority, you might be able to bring
other partners in that could share the debt load, so reduce the impact, but you're still responsible for
some of that so that-- You've now gone beyond my level of capability of flying airplanes. There are
things that they can do, but there are a number of guys that use spreadsheets and they talk about stuff
I don't understand.
Council Member Nacy: [laughs]Thank you.
Mayor Burk:All right. Mr. Martinez, are you--
Vice Mayor Martinez: Yes.
Mayor Burk:When you sit like that,you block it,that's why I never call on you because I can never see
it.
Vice Mayor Martinez:Well, my apologies.
Mayor Burk: Okay.
Vice Mayor Martinez: In your presentation, what I would like to see next time is your neighborhoods
that's surround it that you impact. We all know the flight path, the downwind, base and all the other
segments of approaching the Airport. It makes it a little easier for people who are on Council to look at
those and see how a base would impact flying over and what altitude they have to be at on that flight
pattern, so that way we know as a Council what you mean by advocating or not advocating a
neighborhood that's close to the Airport.
Dennis Boykin: We can take this map that we've got up there right now. We could expand that and
show you what neighborhoods it impacts. Unfortunately, and you're aware of this from our discussions
on the ARD, most of the new development that we're going to be impacting is in the County not in the
Page 10 I March 8, 2022
Town. That adds a level of complexity to the discussion. That's a good point. We can lay that out and
put it out-[crosstalk]
Vice Mayor Martinez: Especially lay the altitudes that they have to be at on those different segments.
That way,when they take off,they have to climb at a certain rate and then make a right turn or left turn
depending on the way the wind's blowing.
Dennis Boykin: For your information, on this particular slide, all of these green tracks are below 1,500
feet above the ground, so that's pretty low.
Vice Mayor Martinez: Right.The other one was,you talk about FAA and their grants, but I think to help
educate Council and future Councils, it would be nice to know what the FAA gives us, what the State
gives us, and our contribution. For example,the ILS system was a million dollars, but we didn't have to
pay a million dollars. The FAA pretty much took up most of that cost with the State coming in.
It gives an idea of how valuable the FAA and State believes our Airport is and so they invest in it.
Something like that that just says, "This is all the different things FAA has given us, grant money for
ILS, taxiways," et cetera, and what you're looking to get in the future. Now, I doubt very seriously if
we're going to extend our runway.
Dennis Boykin: Oh, yes,we are.
Vice Mayor Martinez: Okay.Well, not immediately. [chuckles]
Dennis Boykin: Not immediately, but we are.
Vice Mayor Martinez: Those kinds of future enhancements, like extended runway and doing the
taxiways and so forth.
Dennis Boykin: You mentioned the taxiway. In fact, on the CIP slide the Vice Mayor is referring to
here, as you look at the third line up from the bottom, Airport Parallel Taxiway Relocation, it's a $5.1
million project, most of which comes from the FAA because the FAA is the one insisting on it. Airside
developments;runway,taxiway, lighting,additional approach lights on Mr. Cullen's land that we're going
to build, eventually, hopefully, all those sorts of things the airplanes move on, it's primarily 90%to 95%
funded by the FAA or the FAA and State combination,we pay very little of that.
Revenue generating, for example, the third line down, the Airport FBO Hangar Purchase, that's those
two large grey hangars to your left as you drive in. Those are totally on us because that's us making
money off them.The FAA doesn't help out on those at all.Then you get to mix in the other things when
we're building northern hangars, the FAA will contribute to the ramps, taxiways, site prep. Then once
we actually build the buildings,then we're on our own for that.
Vice Mayor Martinez: Also, for the Council Members who didn't know this, the Airport used to be an
enterprise fund. Part of our issues in budgeting and accounting for that money, it looked bad, even
though it wasn't, so they became no longer enterprise fund, so that way they weren't impacting our
general fund budget. The question is on the hangar fund. I'm assuming you're doing that so that you
can use the revenues we get from the hangars to fund more type of other things on the Airport, like
more hangars.
Then we don't impact the general fund or any other fund. It's like the utility enterprise fund or the utilities,
where they have their own capital projects that they improve that are not part of the Town. We went
over that last night. I don't know if an explanation is needed. I know you take it personally to educate
our Council Members on the Airport, but in this presentation, I'd like to see that use of the enterprise
fund.
Dennis Boykin:Our only purpose in bringing it up tonight was to say that at this point,this is our handoff
to somebody who actually knows what they're talking about,to say, "Hey, go take a look at this and see
if this is something we can do. It might be something that just flat won't work. [crosstalk]
Page 11 I March 8, 2022
Vice Mayor Martinez: It all depends on the revenue you generate and whether or not we want to leave
it in an enterprise fund. That's for discussion later. We know there's a State Airport Commission, have
you had to deal with them or how possible is it for us to advocate getting one of your Airport Commission
members on that?Something to think about, I'll just leave it at that.
Dennis Boykin: I'll take it up with the offline. It's actually under discussion right now.
Vice Chair Martinez: I'll comment on the remote tower. Before I retired, I was working with the group
that actually built those remote towers. I was actually with the group that did a combined TRACON. A
lot of people don't know it, but if you're flying international, you're being controlled by somebody in Vint
Hill farms. Same thing with Dulles, same thing with others.The thought of being a remote-control tower
and having somebody somewhere else controlling our traffic is not a bad thing. It makes it easier for
the FAA to put these towers everywhere because it's cheaper than building a tower and getting the
overhead for air traffic controllers because they're not cheap. They're worth every penny, in my mind.
Those are things that as soon as they become certifiable, where they can be considered a part of the
air traffic control function, I think that's great. Just one more subject, I'll let somebody ask if they're
interested, drones, cargo, drones, et cetera.
Mayor Burk: Ms. Fox.
Council Mayor Suzanne Fox: Thanks. If I have any time, I'll just cede it back.
Mayor Burk: Oh, please don't.
[laughter]
Council Member Fox: Okay.Just a few questions that popped up in my mind. I loved this whole rollout
of the remote tower. It was my understanding that there were two in the country. There's just ours right
now?
Dennis Boykin:We are the only one that's actually running.The guys out in Fort Collins are way behind
us, which actually may work to our advantage because what we're hoping is-- The FAA at one point
was talking about waiting for Fort Collins to get running before they certified both of them. They're so
far behind now that what we're hoping is the FAA is just going to say, "Fine,we'll get to them later.We'll
go ahead and certify Leesburg."That will turn the vendor loose to sell more of them and that will allow
us get into the Contract Tower Program,we hope.
Council Member Fox: Cool. I just didn't realize that. You guys do a great job out there. The Airport
Parallel Taxiway relocation, is that the project that is going to necessitate a move of Sycolin Road.
Dennis Boykin: No. In fact, right now we do not anticipate any moved to Sycolin Road. We haven't
taken that off of the master plan, but we think that we can get away with what we need to do without
moving it. We're not taking it off of the County Transportation Plan officially yet because we need to
step through some other wickets to make sure we can.
The Parallel Taxiway Relocation is what's going to take out some of the condo hangars that we pick up
in November.The staff is going to be very busy this year transitioning 50 hangars from private ownership
to Town ownership. Within a couple of years, and probably three to five years out, we'll have to tear
down three of those five buildings to accommodate the move of the taxiway, which by the way, is the
second time we've moved it because the FAA standards have changed. No movement of Sycolin Road.
That's a runway extension issue and we think we can ameliorate that and not have to move it.
Council Member Fox: Very cool. Third question and final question. Did you get a load of that new
Tesla helicopter? You were talking about those airplanes becoming all electric. Did you take a look at
that today rolled out?
Dennis Boykin:Yes.
Page 12 I March 8,2022
Council Member Fox:Will you get that for our next air show?
Dennis Boykin: No.
Council Member Fox: I thought I'd ask. [laughs]
Dennis Boykin: Maybe the one after though.
Council Member Fox: Anyway, I appreciate your guys, your work out there, you've brought it far, and
thanks for coming out. I second the thing about Scott, by the way. [laughs]
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: I just wanted to thank Mr. Boykin for his presentation and for his long
years of service as Chair of the commission and for sticking around for the six years to give us his next
report, and his cohort sitting there in the back and also echoing the great work that Scott Coffman has
done for us as the Director of the Airport. Thanks.
Mayor Burk: Thank you, Mr. Boykin. This most certainly is always very interesting. There's lots going
on at the Airport. I do want to recognize Mr. Forsythe is in the back there. He's one of your
commissioners. Thanks for being here. All of us here understand and know what the remote tower is
but the public I'm not sure completely understand. Would you mind giving a very brief explanation of
what we mean when we talk about the remote tower and why it's so significantly important to Leesburg?
Dennis Boykin: Sure. Compare us to Frederick, Maryland. Frederick, Maryland built an air traffic
control tower.That's where a controller is up there watching airplanes come in,giving them instructions,
telling them what to do. If you're a non-towered field,which we used to call uncontrolled,but we changed
the term because uncontrolled scared people. If you've ever flown in a non-towered field, especially
ours when it got busy, it can be very interesting, because it's just up to pilots to decide who gets to go
first. What could possibly go wrong.
A control tower when things get really busy helps out. Now you can build a tower normally they're
somewhere between 50 and 100 feet tall. I've been involved in the construction of one at another Town
that I lived in years ago and it's an expensive proposition. It has to be ADA compliant. It has to have an
environmental impact assessment, is all these things you have to do in order to get a physical building
built. I know there's several realtors on this Council, you know what it takes to get building licenses.
A remote air traffic control tower substitutes that with a steel pole built off an existing building with 14
high-definition cameras, microphones to transmit the sound, backup generator. Compression
equipment to compress the video and the sound data to get it over to a remote location, in this case
across Miller Drive,just to prove out the technology for us. Now we have controllers with a radar feed
with a view out the window with the ability to zoom in on something. At some point in the future, the
data tag from the radar will actually go up on the window.
That's not going to come for a while yet but that's really the true point of the data. The data fusion with
the vision means that the controller can sit in there direct which planes to go where, work their
clearances and do all those things and speed the traffic along. It's all about making the traffic go faster
and to help the economic development impact of the Airport.
Mayor Burk: And safer, I would assume.Would you mind putting this slide back up because I'd really
like the public to be able to understand that-
Dennis Boykin: -the runway.
Mayor Burk: This is the remote tower. This is a view from the remote tower, and this is not at the
Airport. This is across the street, and this is what they see, even though they're not at the Airport. The
air traffic controllers are sitting at a remote or different location and yet they can see the entire Airport
and the planes coming in and the planes leaving. This is a really significant improvement to the
Page 13 I March 8, 2022
Leesburg Airport, and it is supported by the Air Traffic Controllers Union. They're very excited about
using this remote also.
Then I just wanted to share that I was recently in another Town that had a little Airport. It was a little
Airport, but they talked very highly of the Leesburg Airport and how well it's run and what good things
are happening there. Thank you very much. Thank you for what you do, and we appreciate your report
tonight.
Dennis Boykin: Thank you and thanks for your service to the Town.
Mayor Burk: Next is Regional Commission reports. Does anybody have a Regional Commission
Report? The only one I have is I was at the Northern Virginia Regional Commission and there really
wasn't anything to report. I did go. No one else. Then that will take us to the petitioner's section. I will
read this even though we don't have anybody on the petitioner section, but maybe somebody in the
audience. One of the first orders of business is to hear from the public. All members of the public are
welcome to'address the Council on any item, matter, or issue.
Please identify yourself and if comfortable doing so, give your address for the taped record.Any public
speaker will be requested to state their 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 green light on the timer will
turn yellow at the end of four minutes indicating you have one minute remaining.At that time,we would
appreciate your summing up and yielding the floor when the bill 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 is signed up to speak tonight on the petitioner section. Is there anybody that would like to that didn't
have a chance to sign up? Being there's nobody in the audience that would be interested in speaking
tonight, then I will close this petitioner section. That takes us to the approval of the Consent Agenda.
The Council now will consider the approval of the Consent Agenda.
We have two items, the Appropriation of the Grant Fund for the Thomas Balch Library and the Private
Property Mural Pilot Program. Do any Council Members want to remove any item from the Consent
Agenda?Then I will. [laughs]I would like to remove the Private Property Mural Pilot Program. Do I have
a motion to accept the other item on the agenda? Moved by Council Member Fox seconded by Council
Member Steinberg.You're getting slow, Mr. Martinez, all in favor indicate by saying, aye.
Members:Aye.
Mayor Burk: Opposed that's seven-zero.
Vice Mayor Martinez: I want to share the wealth.
Mayor Burk: Okay. How kind. The reason I asked for the Private Property Mural Pilot Program to be
taken off is I have a couple of issues in regard to the presentation from last night. That I think have to
be considered as part of the program. In talking with our Town Attorney, he agrees. The first thing that
has to be cleared up and changed is that if the person has a building and they agree to allow a mural
to go on their building. It's my understanding that we will lease that building that part of that building and
we become the lessee of that building.
If there is a tree that comes down and messes up the mural, it should not be the property owner that
has to take care of that. It should be the Town because the Town is renting that piece of the building. It
shouldn't fall to the property owner since they have leased the property to the Town. The second thing
I have is what happens at the end of the lease after five years, you decommission a piece of art you
would have to cover it over. Again, that should not be the responsibility of the property owner of the
building owner.
It should be the entity that has the lease, should have to paint over the mural. Or it could be extended,
but if it's not extended then I think that should be the responsibility of the lessee. Finally, I think it's
extremely important that the person who is willing to consider leasing the building understands what the
Page 14 I March 8, 2022
topic is, is part of the committee that looks at it.The property person should have the right,the final say
to say," No, I don't want it on my property." That should not be something that you sign upfront. You
don't know what it's going to look like. You're three months down the line. Three applications come in
are accepted and you don't like either of them, but then you still have to put them on your building.
Those are the three things that I have issues with in regard to this resolution and could not support it
unless there are those changes. I don't know if anybody is willing to make a motion.
Christopher Spera: Madam Mayor,just so that we're clear.The resolution doesn't have to be changed.
It's the guidelines that are attached. Should the Council choose to implement any of the three changes
that you've suggested the direction to staff would be to amend the guidelines.
Mayor Burk: Correct.
Council Member Bagdasarian: I have an issue with your issues. No. Actually, the direction that the
commission or the ad hoc committee took was to ensure that the Town would not spend money on the
murals. It's fine if we could just amend the guidelines to include those items and employ those during
the pilot program. We could actually try that in the real world and see how that that works out in the
report back to Council after the pilot program.
Mayor Burk:All right. Yes. Mr. Martinez?
Council Member Steinberg: It's the Vice Mayor who's supposed to go last.
Vice Mayor Martinez: I understand the concern and I'm willing to go okay with amending the guidelines.
The question I have is what if the business owner decides he wants to keep the mural.We should have
some way to say that then he gets all the responsibilities.
Mayor Burk: It's true.
Christopher Spera: The problem Mr. Martinez is that then it becomes a private mural,which is illegal.
Remember, as we talked about last night, the reason that this works, that we're not getting in the
business of regulating private speech, is that for the duration of the term of the lease,this becomes part
of the public portfolio of property. It's just like a garage wall, or the side of another public building.
The way that the property owner could accomplish that is by extending the lease. My legal opinion is
that we don't want to get into the area where there are murals on privately owned property because we
don't have any regulations for that. It is extremely difficult in the context of First Amendment protections
to regulate murals on private property.
Vice Mayor Martinez: I have no problem with extending the lease,just the responsibility of the Town
having to repaint it over or do any other maintenance to it after five years.
Christopher Spera: I think that that could be something that we could address at the time when the
lease term ends. We could say to the property owner, "Okay, if you'd like it to stay, then you need to
take it over from a maintenance perspective.We'll continue the lease,so that it remains within the public
portfolio. If you want to keep it, we're going to amend the lease essentially to shift some of that
responsibility after the initial term."We could certainly do that at that time.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg:Thank you. First regarding maintenance, I'm wondering how we got from
where we were last night. The interpretation we were given last night in terms of maintenance to what
we're being offered, or what's being suggested now. Why we thought it was okay that the property
owner was responsible for maintenance as opposed to now?
Christopher Spera: This is not a legal question, this is a policy question. You are making a decision
about what term you're going to put in the lease. As Mr. Bagdasarian explained, the way that the
Page 15 I March 8, 2022
Commission drafted the guidelines was because of the instruction that the Commission received from
the Council regarding Town costs.
Council Member Steinberg: Then I'd like some input from Mr. Bagdasarian about how they arrived? I
assume there was a lengthy discussion about that, how did they arrive at that being the preferred way
to go as opposed to what we're seeing now?
Council Member Bagdasarian: Oh, we were guided by the resolution to form our marching orders
basically. I said, I think the fifth item was that the Town shall not expend any funds on murals during
this process.
Council Member Steinberg:Was there any input, out of curiosity, from property owners, in this whole
process?
Council Member Bagdasarian: Not formally, informal communication [inaudible].
Council Member Steinberg: Fine there, but I do have issues with interrupting the process at the last
minute, should the property owner decide he or she doesn't like the mural.That they've entered into the
process, it seems to me we could be in a never-ending cycle of running through this and never getting
to a mural, because at the last minute the property owner has decided,"I don't like this." It seems to me
in entertaining the agreement in the first place, they simply have to accept at least some responsibility.
In that, there's going to be an independent choice of what the art actually looks like in the end. That's
the process into which they have agreed and entered. I would not want to change that particular piece.
Mayor Burk: Ms. Fox?
Council Member Fox: Going off that, I think just the opposite. I think that the property owner should
have a say in the final decision, after we make that decision, it is the right to change your mind. That's
just what we're trying to figure out with this pilot program.As far as a pilot program is concerned, I don't
recall, is there a time limit on it, or how long is this pilot go until we do something about it?
Mayor Burk: The pilot program goes for a year,wasn't it?
Council Member Bagdasarian: It says six months in the resolution. That's what the resolution says. I
think it would be fine if Council determines that they're pleased with the work to actually engage in an
arrangement on a five-year cycle like we would for a non-pilot program mural.
Council Member Fox:That's enough time to work out any kinks should we encounter them?
Council Member Bagdasarian: Well, the next cycle will begin in December. We will have time, the
committee will have time to work out any kinks or enhancements during the actual pilot program cycle.
Council Member Fox: I remember talking about this last night but remind me again is there anything
in the guidelines on limiting how many murals are up at one time?
Council Member Bagdasarian:That's up to Council to determine for the upcoming year.At the end of
this year, we'll direct COPA that we desire to have one mural, or we want to have three this year and
then COPA would determine.
Council Member Fox: During pilot then it's one mural?
Council Member Bagdasarian: By default, unless Council determines otherwise.
Council Member Fox: Okay, thanks.
Page 16 I March 8, 2022
Mayor Burk: I just feel that it's not fair to the property person if they're leasing their property to us and
then we say, "Okay but you have to also maintain it and once it's done you have to cover it over." For
me, it's just a matter of fairness to the property owner. The interest I would think would be greater if
they didn't have to worry about making repairs or painting it over at the end.We do have a motion.Yes,
Mister?
Council Member Zach Cummings: Just one quick question.
Christopher Spera: I'm sorry, there's not a motion.
Council Member Cummings: I should have asked this last night. The County has murals on private
property throughout the County. How does the County handle? Do they have a private mural initiative
or are they simply willy-nilly? It's an official legal term.
Council Member Fox: I like that official term, yes.
Christopher Spera: There it is. I do not know what the County's regulation or non-regulation is. The
wall lease model is one that is in use in multiple jurisdictions including Washington DC which is where
we borrowed it from.Again,the purpose of that is that you avoid the very thorny and difficult-to-navigate
First Amendment issues regarding private speech. I do not know how they navigate that in the County.
Council Member Cummings: My quick question turned to two.Would it-
Mayor Burk: You lied.
Council Member Cummings: [chuckles] Would it affect the First Amendment argument or avoiding
the First Amendment argument to give a property owner the veto power at the end of the process, let's
say.
Christopher Spera: I don't believe so.
Council Member Cummings: I would be supportive of at the minimum giving in the process a line item
for the property owner like the Mayor said, to at least have veto power. If it does go back into the
process, then so be it. I would also support maybe, because this is a pilot program, looking at trying to
expand from just doing one to maybe seeing more because that's going to give us more experience of
how this all works out in the real world.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: I can accept two of the items but again, it just seems to me if we are
undercutting the whole point of this being a pilot program and we may learn nothing from it if at the last
minute the property owner decides he or she is pulling out. Everyone has plenty of information going
into this,the property owner understands what the theme is,the property owner is involved in the choice
of the various projects. I can't support giving the property owner veto power at the very last minute when
we've gone through months of process to try to make this pilot program work.
Christopher Spera: Madam Mayor, if I may. Would the Council be willing to consider there being a
consequence if the property owner exercised that option. For example, we got down the garden path
as Mr. Steinberg has laid out and then there's a change of heart perhaps then that makes the property
ineligible for the program for a period of time. There's a consequence to that decision, it's not just an
open-ended decision. I offer that as a suggestion.
Council Member Bagdasarian: Part of the process as the property owner is part of that art advisory
panel. They do have a voice but I'd be fine with that, I'm sure the commission will be.
Mayor Burk: Do you have something else?
Page 17 I March 8, 2022
Council Member Cummings: Before the Town Attorney mentioned his I was thinking maybe a--unlike
him, I was thinking more maybe a donation to FOLPA would be a great--
[laughter]
I'm honestly just trying to fund more art. Instead of saying, "You can have this." Maybe a donation to
FOLPA would be better.
Mayor Burk: I'm not sure we could do that but that's an interesting idea. All right, Council Member
Bagdasarian made a motion, I will second;it.
Christopher Spera: That's not—
Council Member Bagdasarian: I don't think we need a motion it's just a matter of adding this or
updating the guidelines.
Mayor Burk:We don't need a motion?
Christopher Spera: We still need a motion, so adopt the resolution with instruction to staff is what
you're doing.
Mayor Burk: Right.
Christopher Spera: Instruction to staff to change the guidelines in whatever these--
Mayor Burk: Right. The three things was that the lessee is not responsible for the repairs or at the end
of the lease, painting over the mural. That the lessee does have a veto at some point in the process.
All in favor of that, indicate by saying, aye?
Members:Aye.
Mayor Burk:Who made the motion--
Christopher Spera: Was there a motion? I don't think there was.
Mayor Burk: Yes, it was Council Member Bagdasarian made a motion.
Council Member Bagdasarian: I did not. Now I will.
Mayor Burk: You did.
[laughter]
Council Member Bagdasarian: I think you made the motion or I provided guidance to update the--
Mayor Burk: Do it again.
Council Member Bagdasarian: I will make a motion to update the [unintelligible].
Mayor Burk: Yes.
Council Member Bagdasarian: No one ever told me turn my microphone on before.
Mayor Burk: Is there a second? Ms. Nacy?All in favor of the motion indicate by saying, aye.
Members:Aye.
Page 18 I March 8, 2022
Mayor Burk: Opposed?
Council Member Steinberg: Nay.
Mayor Burk: That's six, one, with Mr. Steinberg opposed. Thank you. That takes us to the COVID-19
update with recommendations CDC metrics.
Joe Dame: Good evening, Madam Mayor, Members of Council, back after two weeks to follow up on
your requests from your February 22nd meeting to give an update on the metrics. A lot has changed in
the two weeks since we last spoke, and also give some options for draft resolution. Which had two
points that were indicated at the last meeting of ending the indoor mask requirement. Which since the
change in the guidance, the Town Manager has lifted that requirement. Then also to discuss the
updated metrics that are informing the vaccine and testing program.
On February 25th, the CDC updated their guidance in terms of COVID community level. This was a
change from the community transmission level, which was looking at the prevalence of disease in the
community, and a transition to looking at the severity of illness. Protecting those who are most
vulnerable, and also protecting the healthcare community and the health care systems. Three key
metrics that you'll see on the screen here. The first metric are the new COVID cases per 100,000 in the
past seven days, which you'll remember that one was in our previous metrics.
However,the tipping point is 200 cases.The last time we were speaking,we were looking at 50 cases,
so that number has been increased. Then after that, that data is figured out. If you look at the new
COVID admissions per 100,000 in population, the seven-day totals. Then you'll look at the percentage
of staffed inpatient beds occupied by COVID-19 patients. You can see there are three categories that
this could fall into, low, medium, or high. For the past two weeks, Loudoun County has been in the low
category.
The numbers from today were 141 cases in the past seven days 2.9 admissions to the hospital and
3.1% bed occupancy, all putting Loudoun County in the low category. In addition to the metrics
themselves and the data that is provided by the hospitals,and by Health and Human Services,the CDC
also provided prevention steps that correlate to what COVID-19 community level we are in. At the low
level, CDC recommends that people households, and communities take practical precautions.
Such as staying up to date with vaccines,which we'll talk about vaccines in a moment, getting tested if
you have symptoms, continuing to follow isolation protocols that the CDC have that the Town has as
well. If there's a transition into a medium level, this is where CDC is now focusing specific prevention
measures on those who are at an increased risk. The focus here has been that if there is a higher risk,
that that individual would speak with their doctor and determine whether a mask would be required
indoors, whether there would be a need for testing at home if that's indicated by the person's health
care provider.
Then you can see a lot of the precautions stay with of we're always looking at staying up to date with
vaccines and testing if symptomatic. Finally, at the high level, this is where those layered prevention
measures would be recommended. The focus here would be to avoid strain on the healthcare system
and preventing severe disease and illness. The CDC would recommend that masks are worn indoors
regardless of vaccination status, and also additional precautions for folks who are at a high risk of
severe illness.
They would work with their healthcare professional to talk about maybe avoiding indoor activities,
whether that is appropriate for them, and working through that process. The graph that you see
displayed,this indicates the current situation that was in the first week when the CDC provided the data.
At that point, 23% of counties were in the low category. 39, almost 40%were in medium and 37 were
in high. This data is updated every week. I went and pulled the numbers from today and now 48% of
counties are low, 37.4 are medium and 14.6 are in high.
You're continuing to see that downward trend after the Omicron surge and things continue to stabilize.
As we spoke about at the last meeting, another important factor is not just the metrics, but also the
Page 19 I March 8, 2022
vaccination status within the community. As we spoke about, there are high community vaccination
rates within Loudoun County. I direct you to the second column there which is age five and older.Where
you'll see that we're approaching 80% of folks who are eligible are fully vaccinated in the immunity
which is definitely a high level.
In a similar vein for Town employees,the data that we had shown the last meeting where each category
full-time part-time board and commission members are over 90% are fully vaccinated. Finally moving
to the draft resolution, there were a couple key components in the discussion at the last meeting that
were brought forth. First being, looking at what is the metric that is going to be used.Adopting the CDC
community level metric,which is the primary public health guidance that we have at this point that has
been issued by the CDC recommended by the Northern Virginia Health Directors by letter on February
28tn
In terms of discussion and decision making regarding the resolution and the vaccine vaccination and
testing policy is really looking at that CDC data. What level are we currently in and matching that also
with the vaccination rates that we see, which is an important tool for decreasing that severe illness.
Which that is as we transition phases, that's where we're trying to get to. Finally, as we've seen
throughout the last two weeks and the last two years, the pandemic continues to evolve so remaining
flexible.
Providing the Town Manager with authority to reinstitute the testing program based on the public health
guidelines that have been issued at that time by either the CDC or VDH.We have followed that guidance
throughout the course of the pandemic, and we continue to monitor that information closely. That
concludes the presentation on the metrics and I'll be available for questions and as the discussion
warrants.
Mayor Burk: Thank you, Mr. Dame.Are there questions at this point Ms. Fox?
Council Member Fox: Just a real quick question on the three I guess the levels that you're going by
the new COVID-19 cases. That first bullet point means transmission, correct? It's the hundred. That's
the one thing that I--That's the one part I take issue with because of data. I can expound on that, but
that is the one part I have. I'm wondering if we have to include that in there.
Joe Dame:A good question that's there.The change in increasing those case levels,I think is important
to note, too, that moving that up to 200 is a different level. This has been recommended by both the
CDC and the Northern Virginia Health Directors. I think while we've transitioned to looking at severity,
it still is important to identify cases because hospitalizations are oftentimes a lagging indicator.We still
have to be prepared to monitor two pieces of this as we move forward, I think is an important step.
Council Member Fox: The hospitalizations again, there is the jury is out on with admitted with COVID
or for COVID. Those numbers are being studied now but the jury is out on that still, so that seems a
little shaky as well for what we need. I do concede with going up with 200. That gives us a little more
latitude. Let me see what my colleagues say. Thank you.
Mayor Burk: Anyone else at this point? Is your recommendation that now that we've done away with
the mask, now that the metrics are indicating that we are in a low area. Most certainly, our vaccination
rate in Loudoun County and in the Town employee rates are very high?Are you recommending at this
point that we do resend the vaccine requirements?
Joe Dame:The vaccine requirements, you said? I think that is definitely a recommendation and it is for
you to consider that's out there. I think we have seen the definition of fully vaccinated has not changed.
We see the information of up-to-date, which that is including boosters. I did go through research and
fully vaccinated is still the two courses of vaccination. That is where I stand on that one.
Mayor Burk: I'm a little confused. Are you saying that at this point the Town we should, following the
data? That's what we've been doing the whole time, is making sure that we're following the data.
Following the data that you presented to us today, are you recommending that we do away with a
vaccine mandate for employees at this point?
Page 20 I March 8,2022
Kaj Dentler: I'll jump in. What Joe's hesitating is, it's not staffs'position on this. This is your policy. It's
not staff policy.
Mayor Burk: I understand--
Kaj Dentler: Madam Mayor, all due respect, we're not the subject matter experts. We can only follow
the guidance. Council is your policy. We're giving you the information that you requested to consider
whether you wanted to lift. We are not experts enough to be able to make a decision on whether you
should or should not lift your policy.We can only give you the guidance based on the direction you gave
us to report back on.That's the only reason we're not going to give official recommendation of what you
should or should not do with your policy. I hope you understand why we have that position.
Vice Mayor Martinez: Madam Mayor?
Mayor Burk: Yes.
Vice Mayor Martinez: The resolution in the agenda says, "Approving the Use of Revised CDC Metrics
to Guide Future COVID-19 Pandemic-Related Policies and Procedures." That's the resolution and I
have no problem moving that motion.
Mayor Burk:Are you actually moving that motion?
Vice Mayor Martinez: Yes.
Mayor Burk: You're moving the motion--
Council Member Fox: Madam Mayor, I'd like to move a substitute motion, please.
Mayor Burk: Just one second, please. Council Member Martinez, would you mind reading again what
the motion is so all of us understand what you're saying.
Vice Mayor Martinez: I move that we Approve the Use of Revised CDC Metrics to Guide Future
COVID-19 Pandemic-Related Policies and Procedures.
Mayor Burk: That is seconded by Council Member Cummings.
Council Member Bagdasarian: Some discussion.
Mayor Burk:We're getting there.
Council Member Bagdasarian: Okay.
Mayor Burk: Mr. Steinberg's light was on first, so Mr. Steinberg.
Council Member Steinberg: Regardless, I recognize it's our decision. I'm just trying to understand if
the CDC guidelines are advising that we no longer consider vaccines as a necessary part of the public
health discussion. I understand they see the importance of it, but what are they recommending in
general for the population?
Joe Dame: I think if we go back to the prevention steps, they are staying up-to-date with COVID by
vaccines. Both the CDC and VDH have mentioned that vaccination is a critical tool, obviously, that
we've had. That has changed some of the guidelines that are out there.
Council Member Steinberg: You're saying that a number of the guidelines are based on continued
vaccination?
Page 21 I March 8, 2022
Joe Dame: Staying up to date. However, that's where I think there's important distinction though, with
up to date, because fully vaccinated has not changed. That definition has not changed. These are
recommendations that come from CDC to stay up to date, but you still are considered fully vaccinated
if you've had two doses of a primary series that are there.
Council Member Steinberg: I am uncertain then, does this resolution lift our vaccine program? If this
resolution passes, does it lift the vaccine program?
Kaj Dentler:We've written the resolution. If Council wants to lift the policy, you can. Based on what you
have asked, and we have reported back on, we've given you the information that you may or may not
feel comfortable to lift it.
Council Member Steinberg: I understand we can if we want. I'm asking if this resolution passes, is
that the effect?
Kaj Dentler: Yes.
Council Member Steinberg: Okay.
Kaj Dentler: It specifically states that we can--
Mayor Burk: Ms. Fox, you had something you wanted to--
Council Member Fox: Yes. Well, that was a good question. In my humble opinion, lifting the policy
needs to happen but I don't think it goes far enough, which is why I wanted to offer an alternate
resolution or a substitute.
Mayor Burk:Well, you can--Are you--
Council Member Fox: Oh, yes. Sure. Thank you. Now, I do this because it's not long, but it's more
than a paragraph long. I offer this resolution terminating the Town's mandatory vaccine practice and
enacting a new policy,which proscribes the instituting of compelled vaccinations in the future.Whereas
scientific CDC-based data indicates that there is no demonstrable connection between the vaccination
rates and the transmission rates. Whereas it is evident that compelled vaccinations are both
inappropriate and inadequate for accomplishing stated goals for ensuring a safe workplace.
Whereas the Town's current vaccine mandate violates the basic human rights to bodily autonomy and
control over one's medical decisions. Whereas vaccine mandates have the effect of being divisive of
lowering morale and of depriving a Town of valuable employees,vendors,commissioners,so,therefore,
be it resolved that the Town shall terminate its current mandatory vaccination policy for its employees.
That the Town will memorialize in policy new proscriptions which will eliminate the possibility of
mandatory vaccination policies in the future unless it can be first established with relevant data that the
vaccine in question is both a necessary and sufficient means of making the workplace safer.
Mayor Burk:All right. This is a motion overriding the original motion. Is there a second?
Council Member Nacy: Second.
Mayor Burk: Seconded by Council Member Nacy. Is there any discussion of this particular motion?
Council Member Fox: Yes, I do. You probably figured out--[laughs]There's a couple of graphs that I
wanted to put up, and I just beg your indulgence. I know how much we've gone over this. This has to
do--
Mayor Burk: We really have gone over this.
Council Member Fox: That's okay. This is important.
Page 22 I March 8, 2022
Mayor Burk: I would ask that you let other people speak first then.
Council Member Fox: Oh, sure.
Mayor Burk: You have already spoken, so please let other people voice their concerns. Yes, Mr.
Bagdasarian.
Council Member Bagdasarian: Okay. This is on the original resolution.
Mayor Burk: Okay, but we're not talking about the original. I'm sorry.You have to talk about Ms. Fox's-
- If you're going to ask questions about what their presentation was, that's okay but if you're talking
about the original motion,that's laying low right now.We have to deal with hers first.
Council Member Bagdasarian: Okay. I'll direct this. A couple of things. Just for clarification, and I
believe that you did because the resolution in here is very, very broad. It's not very specific, approving
the use of revised CDC metrics to guide future COVID-19 pandemic policy and procedures. It's not
clear about lifting the--
Kaj Dentler: No. It is there in item number two. Eileen, if you can pull that resolution up, it'd be helpful.
Item number two under Therefore says the Town's vaccination and testing program implemented in
accordance with Resolution 2021-154 is hereby rescinded in light of the low levels of CDC COVID-19
metrics. If you go down to number two under Therefore, it's very specific, is hereby rescinded. Should
you wish to proceed, Mr. Steinberg's earlier question is that yes,this action, as written,would lift it.
Council Member Bagdasarian: Okay. Good. I just didn't see that clearly. Also, Mr. Dame, the timing
of your employment in the Town could not have been better. I think you started a week after our first
tornado in a long time and in a pandemic, so congratulations. Correct me if I am wrong,the OSHA-ETS
emergency temporary standard that was lifted in January 25t'. That's the policy for over 100 employees
to have a vaccination or testing policy, correct?
Joe Dame: That is correct.
Council Member Bagdasarian: Okay. We're no longer under that.All right. Thank you.
Mayor Burk:All right. Ms. Nacy?
Council Member Nacy: Thank you. My comments are combined as well with the new resolution that
Councilman Fox has introduced, I think covers what my comments were going to say which was the
original Resolution 2021-154 really only talked about the vaccination program. Now,this new resolution
is adding some additional things that we hadn't previously voted on.So in my mind rescinding just 2021-
154, by itself alone first makes more sense.
Then maybe a second resolution with whatever the other things are because it is confusing, that it's
buried in there and in with these other things,a new testing program. I think that that's what Councilman
Fox's new amended resolution is trying to do, which is say, these things shouldn't be all lumped
together. Let's rescind the vaccine mandate and testing program because by all stretch of the means it
accomplished what the goal was,which was to have Town employees vaccinated, of course otherwise
approved exemptions.
Then the other stuff is just separate. That's just my thought.
Mayor Burk: Mr. Cummings?
Council Member Cummings:Just a quick comment and I do mean this with all due respect.We have
had a great conversation to direct staff to come up with this resolution.We all have one another's phone
numbers,we all have an e-mail address. I would love to seriously consider your alternative motion but
when you just read it and don't send it to us, and we've had hours before this meeting to prepare, it
Page 23 I March 8, 2022
makes it very difficult to seriously consider this motion. I would just ask that we have a vote, call the
question and just have a vote and move forward.
I believe that our discussion previously to come up with this resolution was ample, and we have a good
plan in place to do everything that I think all seven of us want to do. I don't believe we should be looking
to pass legislation today to tell a future Council what they can and can't do. I would just ask that we vote
on the motion that's on the table.
Mayor Burk: Are you asking to call the question? Do I need a second? Do I need a second for--yes,
but there's no discussion. Is there a second to Mr. Cummings? Mr. Martinez, so we are voting on Ms.
Fox's substitute motion.
Council Member Steinberg: There's no further discussion?
Mayor Burk: No further discussion?All in favor of Ms. Fox's motion, please indicate by saying, aye.
Council Member Nacy:Aye.
Mayor Burk: Okay, so that's does not pass that takes us back to our-
Council Member Fox: Point of order.
Mayor Burk: -original--
Council Member Fox: You stopped me from commenting so that somebody else could stop the
conversation.
Mayor Burk: I can't control whether someone calls a question or not.
Council Member Fox: No, I was speaking first and you stopped me and then somebody called the
question so this procedure is not correct.
Vice Mayor Martinez: I would like to also then do a point of order. If this is a new motion that it was not
put on the agenda, does it not have to be unanimously voted on or majority voted on to bring it forward.
Christopher Spera: It was a substitute motion that was seconded it's not new business. It's a substitute
motion [crosstalk]
Vice Mayor Martinez: The motion itself was not part of the agenda. It was added to the agenda, and
doesn't that have to be done with a unanimous vote?
Council Member Fox: It wasn't[inaudible].
Christopher Spera: I think that what Ms. Fox did was on the same subject matter make a substitute
motion which is allowed with a second.This is not new.The subject matter before the Council was what
to do about the COVID policy with respect to employees and the motion goes to that. I think it is a proper
substitute motion,which the question was called on that,which ends the discussion procedurally.
Vice Mayor Martinez: The motion was about approving us moving forward based on CDC guidelines,
was not talking about a mandate.
Council Member Fox: It was talking about rescinding a mandate.
Christopher Spera: Respectfully, Mr. Martinez, I believe that is a proper substitute motion. I think it's
close enough to the same subject matter of the resolution that was before you.
Vice Mayor Martinez: I will defer to your guidance.
Page 24 I March 8, 2022
Mayor Burk: The question was called it was voted we are now in the original which was moved by-
Vice Mayor Martinez: Me.
Christopher Spera: Mr. Martinez, seconded by Mr. Cummings.
Mayor Burk: Thank you. Is there any additional discussion on that?
Council Member Nacy: I just have a question.
Mayor Burk: Yes.
Council Member Nacy: Is your motion, the one that's written in the staff report?The whole resolution
that's in the current staff report is that what you're--Okay.
Vice Mayor Martinez: On the agenda, there's a resolution and I am moving that. Now, I got one
question. If we approve this resolution based on CDC guidelines we can end the vaccine mandate, or
is that a whole different subject matter?
Kaj Dentler: No. You approve the resolution as written or as you decide to amend it, you can lift your
policy for testing or requiring the vaccination or being tested.
Vice Mayor Martinez:We can do this based on the CDCs guidelines?
Kaj Dentler: Correct. Item number one is stating that the COVID community level is defined by the
CDC and is quantified by the matter described below is identified as approved and approved as the key
metric. What that's saying is we're following the CDC metrics that they are using whatever that may
become, but at this time--
Vice Mayor Martinez: I just wanted clarification so it's out there?Thank you.
Kaj Dentler: That what you're saying is first step, and then you're lifting it based on that metric.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: I would just like to say I'm more than willing to support the resolution as
it's now written. Based on data and CDC guidelines, I will never concede that this Council or most
Members on this Council did anything but act in the best of faith also following CDC guidelines and
supporting data. I simply can't concede that that data didn't drive the decisions that we made and with
data that was used for decisions made nationwide and globally for that matter. Thanks.
Mayor Burk:All right. In the wording of the resolution, if there were to be a new variant or if there was
a spike in the numbers, it then can be reinstated to be looked at,to be reinstated.
Kaj Dentler: Correct. Item number three addresses that.
Mayor Burk: Okay. Community--
Kaj Dentler:At your last discussion on this, you directed us to add that in there.What we have done is
part of that is if it is reinstated based on the metrics that we go out of the low category into the high.
That instead of continuing the requirement to be vaccinated or tested, instead we would go to a new
practice. Everyone is required to be tested, but you can opt out of that testing if you show your current
vaccination status, but no one loses their job because they're not vaccinated. They only would have
employment issues if they refuse to be tested. So it's a flip of the script.
Mayor Burk:All right. Thank you. Ms. Fox?
Page 25 I March 8, 2022
Council Member Fox: Quick question. The number three there, it seems vague to me because we
haven't come up with other means like Ms. Nacy was talking about. I feel like we're skipping some part
there that's necessary. However, since this Council has decided to quiet me with this, and that does not
go unnoticed, I would like to know if it's possible because I do support rescission, but I do not support
being able to just jump back into a vaccine mandate. Are we able to divide that question with this
motion?
Kaj Dentler: Probably yes you can, but I'll defer that to the Town Attorney.
Mayor Burk: How would you divide the question?
Christopher Spera: I'm trying to figure out how we divide a question. The motion before you is to
approve the resolution as drafted. I suppose you could go paragraph by paragraph.
Council Member Fox:Well, sometimes when we do motions,we divide the question.That's all. Is that
possible here?
Christopher Spera: I'm just trying to figure out how one divides it. What I recall is that when the three
of us, Mr. Dame, Mr. Dentler, and I, as we crafted this. We were creating a resolution in the manner
that was instructed by you, by the majority of the Council. This is what we prepared based upon your
instruction. To me, I'm not sure there's a question to divide. This is what you told us to do, I think. If you
think we got something wrong, then please let us know, and we can correct it. To me, we prepared for
you what you instructed us to prepare. Not sure how you divide that.
Mayor Burk:All right. I guess at this point then,we have to vote on the whole thing. Is that what you're
saying?
Christopher Spera: Yes.
Mayor Burk:All right.
Council Member Fox: For the record, I do support rescission. I do not support reinstating a mandate.
Mayor Burk:All right. Thank you. Miss Nacy.
Council Member Nacy: I just have a question about that, number three. If it returns to high, you're
reinstating it automatically, or are you coming to us? It's going to cost some amount of money to
reinstate a testing--
Kaj Dentler: It would be automatic because it states that the Town Manager is authorized to reinstate
the program changing the practice.
Council Member Nacy:Would you be coming to us about the money that that would be costing?
Kaj Dentler: I would have to do that for testing, correct. If I don't have the funds to do it, I'd have to
come back to you.
Council Member Nacy: Thank you.
Mayor Burk: We have a motion that's moved and seconded. All in favor of the COVID-19 update
recommendations with CDC metrics indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed?
Council Member Fox: Nay.
Page 26 I March 8, 2022
Mayor Burk:All right. That passes 6-1.All right.We now have a public hearing.Thank you, Mr. Dame.
Joe Dame: Thank you.
Mayor Burk: Is this the right public hearing?All right. I call to order this March 8th,2022, public hearing
of the Leesburg Town Council. Unless there's an objection, I will dispense with the reading of the
advertisement. If you wish to speak,we ask that you either sign up on the sheet in the hallway outside
of Council 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 your 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 on behalf of the 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 the 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, the members of the public have signed up to speak will be called and given
five minutes to make their comments. The public hearing item on the agenda for tonight is Fiscal Year
2023 Proposed Budget Public Hearing. Is there anybody signed up to speak on this?Oh, okay. Oh, I'm
sorry. You're going to do a presentation?
Cole Fazenbaker: Yes. Good evening, Madam Mayor, Council Members, members of the public. My
name is Cole Fazenbaker. I'm the Management and Budget Officer for the Town. Tonight, I'm
presenting for the Public Hearing of the Fiscal Year 2023 Proposed Budget. It includes the annual
operating budgets of the general fund and the utilities fund, as well as the Six-Year Capital
Improvements Program. Budget highlights are that the economy is recovering, and the revenues are
recovering from the COVID-19 pandemic. The Town continues its triple AAA bond rating since 2015.
The proposed budget utilizes significant unassigned fund balance and focuses on capital investments,
Council priorities,and work plans.Also, in the proposed budget,the personal property tax rate remains
unchanged, and the real estate tax rate is decreasing slightly. As far as the Fiscal Year 2023 budget
overview, the total all funds is approximately $153 million for Fiscal Year 2023. The major increases
are in the general fund operating and on the utility side of the Capital Improvements Program.Your tax
dollar at work.This illustration shows you where your tax dollar is going.
As you can see, 760 of each tax dollar goes towards direct public-facing services such as Police, Public
Works, Capital Projects, Parks and Recreation, and the Thomas Balch Library. The proposed budget
is built on the proposed rate of 17.60 for the real estate tax. That's a decrease from 18.40. Equalized
rate is 16.60. Each penny is valued at$1 million for Fiscal Year 2023. The average residential tax bill
change from 2021 to 2022 is broken down by the different housing types, the single family detached,
townhome, condo, and also a weighted average of all residential. It's using the same units as previous
years.
The average increase is approximately$68 annually,which equates to about$5.67 on a monthly basis.
The key revenue estimates are listed in this table.As you can see,most of our line items are recovering.
Most are, basically, back to pre-pandemic levels. You can see, the one red line right there is the
Transient Occupancy, which is our hotels. It is recovering, but not at the same rate as the other lines.
As you can see, in Fiscal Year 2021 for Transient Occupancy, it was $580,000. We're projecting
approximately$700,000 for Fiscal Year 2023, so it is recovering.
The general fund base budget adjustments are our current levels of service and maintaining them. On
the operations side,there's an increase for annual debt service of approximately$907,000. Our refuse
and recycling is increasing as well as our online/cloud technology services. On the personnel side of
the budget,we budget for a 3% average pay-for-performance--You can earn up to 4%, but we budget
Page 27 I March 8, 2022
3%-- as well as reimplementing a Cost-of-Living Adjustment, COLA at 2%. Also, our mandated
retirement contributions are increasing by approximately$547,000.
In addition to the base budget, we also have key enhancement areas. The first area is economic
development with investment of$295,000. That includes the Economic Development Strategic Plan,
the Business Development Coordinator position, as well as the leasing of office space. The next key
enhancement area is planning and community development with a$960,000 investment.That includes
the Zoning Ordinance Rewrite, Capital Intensity Factors development, and also the traffic study, along
with a Senior Management Analyst position to manage those projects as well as the fiscal impact model
and proffer management.
The next enhancement area is Information Technology, IT, of$1.2 million. Two full-time positions are
included under this key enhancement area, a Systems Analyst position, and a Technician Help Desk
type position. That's to free up current workload demands in order to allow IT leadership to essentially
address cybersecurity. Along with the positions are projects related to IT, the second fiber connection
to the Police Station, video storage project, and a cloud phone system. The last enhancement area is
Emergency Management.Approximately, $20,000 for emergency management, planning,training, and
public outreach, as well as an additional$500,000 for snow removal.
The next section is Capital Improvements Program, CIP. The total for all six years is approximately
$229 million for 81 projects. In Fiscal Year 2023, the funding totals 52.9 million for 46 projects. Just for
context, the utilities fund accounts for approximately half of those projects in Fiscal Year 2023. Utilities
fund overview. Total is $52.8 million. Operations accounts for $27.7 million. The Capital Asset
Replacement 3R is 4 million,and Capital Projects is 21.1 million.The five-year rate study is incorporated
in the proposed budget. This is the fourth year of the rate plan and includes 4.5% rate increase. The
revenue structure supports the three enhancement staff positions included.
Again, this is the budget overview. As you can see, the general fund is the largest increase as well as
the Utilities, Capital Improvements Program.The total,all funds increases from$137.3 million to$153.1
million. In summary, the Town remains triple AAA rated and is financially sound. The proposed budget
meets the base budget needs, and also addresses Council priorities.The proposed budget is based on
a reduced tax rate of 17.6¢.
It utilizes strategic use of one-time reserves. It also invests in the future with infrastructure, facilities,
and human resources. The next slide is proposed budget schedule. As you can see, March 8th,
Tuesday, this is the Public Hearing for the Proposed Budget. On Monday, March 21st, we'll have our
final Work Session and the final mark-up session.The Adoption of the Fiscal Year 2023 budget is slated
for Tuesday, March 22nd.With that, I end the presentation. Thanks.
Mayor Burk: Thank you. Appreciate the presentation there. Does anybody have any questions at this
point? Nobody has any questions?There's nobody that has signed up from the public. Is there anybody
that didn't sign up that would like to speak at this point?There is nobody coming forward, so I will close
the Public Hearing on this particular item of the Fiscal Year 2023 Proposed Budget.
We have the schedule in there as to what's coming next. If you have any questions, that's where you
can go and look. Council Disclosures and Comments. We do have a Closed Session. Do we want to
do the Closed Session and then come back out and do the disclosures?Or would we rather just get the
disclosures over with? Get them over with?Okay. Miss Fox?
Council Member Fox: Under disclosures and comments?
Mayor Burk: Yes.
Council Member Fox: One disclosure. I did have an email conversation with Peter Kalaris about
Meadowbrook Farm that happened this past week, and I do have comments. What just happened
tonight should not have happened. I put a motion on the table. I should've been able to speak to it first.
You stopped me from doing that. Also, calling the question required a vote. The vote should've been
Page 28 March 8, 2022
unanimous consent.The process was not followed tonight, and because of that,things that I needed to
say and things that I thought you might like to hear got silenced. That was not fair.
Mayor Burk: Mr. Steinberg?Your mic was not--
Council Member Steinberg: No comments, no disclosures.
Mayor Burk: Mr. Cummings?
Council Member Cummings: One disclosure. I attended a breakfast that Mr. Gustafson put on with
some architects from out of Town with a number of other Council Members, and Planning, and Board
of Architectural Review members last week. That's it.
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian:Yes, I also attended the same meeting.Very informative. I do have an
addition to a future Work Session. Can I do that now? I'd like to request a presentation from Carmen
Felder and the 89 Ways to Give Foundation on the Black History Mural Project that they've been working
on over the last year at the April 11th Work Session.
Mayor Burk:Are there four people that would be interested in the presentation from Miss Felder about
the Black History Mural? Mr. Steinberg, Mr. Cummings, Mr. Bagdasarian, Mr. Martinez, and myself.
And Miss Nacy.All right.Was that it? Miss Nacy?
Council Member Nacy: I do not have any disclosures, but I do have one comment. I wanted to give a
shout-out to Troop 70084, the Girl Scouts. They were earning their badges in civics, and they invited
me to talk about women in politics. They ranged from fourth grade to eighth grade. I got to listen in on
their debates that night,which was so impressive. One of the debates was salt versus pepper, mustard
versus ketchup. Then they debated masks in schools, but the troop leader had them debate the side
that they were actually opposite of. It was really fascinating. They were an impressive group of girls. I
promised that I would give them a shout-out on TV, so--[chuckles]
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: The Women's History Month-- Having five sisters and three daughters, couple
of granddaughters, and all that, I'm glad to see the progress that women have been making in our
society. I still feel it's not enough. I'm glad they're recognizing [unintelligible]. I thought it was pretty
ironic or coincidental that this evening,when we're talking about women,two of our Police Officers show
up are also women. I'm proud to see you guys here. Appreciate you stepping up and showing us how
to get it done. Thank you.
Mayor Burk: I want to acknowledge that on February 23rd, I attended the Loudoun Country Day School,
where they gave me lessons on, if they were the Mayor, what they would do. I won't show you all the
pictures. They most certainly did represent me well. [chuckles]
Council Member Cummings:What a likeness.
Mayor Burk: I know. They do this annually, and it's just a wonderful event. Like Council Member Nacy
said, we're good hands with the future generations because they are very, very smart little groups of
people that are very interested in the world around them.On the first, I attended the Board of Supervisor
meeting with Dennis Boykin concerning the Airport. I'm glad to report that the--Our concern was about
making the Noise Overlay District smaller around our Airport. The Board of Supervisors rescinded that
and went back to making it the mile that we requested.
Thanks to the Board of Supervisors for doing that. That morning, I also went to SimplyBe Coffee Shop,
where the Leesburg Police had their community outreach. It was so well attended. The workers there
were so excited. They hire the handicapped. They were just so delighted to see everybody there and
the Police there. It was a wonderful event. Great job on the Leesburg Police outreach. On the third, I
Page 29 I March 8,2022
attended the Chamber of Commerce Annual Meeting. They had not had that for two years. There was
a number of award winners. One of them was our own Kindra Dionne. It was well attended.
Very, very exciting to be back out and attending the Chamber events again. I also attended Mr.
Gustayson's presentation on the Carolina style of planning. It was very, very interesting. I'd love to see
us have that discussion when we're talking about the Crescent District Plan. I want to welcome ResQ
BBQ.We had their ribbon cutting on the fifth. It's a great barbecue. Lot of good food. Very nice place. I
hope everybody gets the opportunity to go there. Congratulations to Gracie Jiu-Jitsu 10th Anniversary.
That was a really impressive program,where they showed what all of their students could do.
I thank them for inviting us, and for the Council Members that showed up. I do want to let you know that
I sent out an email to the Council Members telling you that there were a couple of people that had come
to me that had Ukrainian relatives, and that the relatives were here in Leesburg, and were very touched
by our lighting of the garage wall and the front lawn.
Since then, I have had more people come and tell me that they truly appreciate the fact that we did that,
and it really makes them feel very part of the community. They really thanked us for doing that. I look
forward to putting together the vigil that we'll get together. I want to just say that I am a very proud Irish
woman. Happy St. Patrick's Day to everybody. Town Manager, do you have anything you would like--
[crosstalk]
Kaj Dentler: No comments.
Mayor Burk: No comments. All right. Then, we will go into Closed Session at this point. I will move
pursuant to 2.2-3711(A)(3), 2-2-3711(A)(7), and 2.2-3711(A)(8) of the Code of Virginia that Leesburg
Town Council convene in closed meeting for the purpose of discussing and receiving information
regarding the potential acquisition of real property for the public purpose, and for the purpose of
consultation with legal counsel and briefing by staffing members related to multiple pending cases
including the following,the Town of Leesburg et al versus Loudoun County et al, Loudoun County Circuit
Court No. 19-1768 and Graydon Manor LLC versus the Town of Leesburg,VA, Loudoun County Circuit
Case No. CL 21-4323 where such consultation in open session would adversely affect the negotiations
or litigating posture of the Town, and consultation with legal counsel regarding specific legal matters
requiring the provision of legal advice by such counsel, and pertaining to the potential annexation and
boundary line agreements with respect to the JLMA. Do I have a second? Seconded by Vice Mayor
Martinez.All in favor, indicate by saying aye?
Members:Aye.
Mayor Burk: Opposed?That's 7-0.All right.We are in Closed Session, almost.
Council convened in a Closed Session from 8:59 p.m.to 10:07 p.m.
Mayor Burk: Okay. All right. In accordance with Section 2.2-3712 of the Code of Virginia, I move
Council certify to the best of each members knowledge and only public business matters lawfully
exempted from opening meeting requirements under the Virginia Freedom of Information Act and such
public business matters for the purpose identified in the motion by which the closed meeting was
convened and heard, discussed, and considered in the meeting by Council. Mr. Bagdasarian?
Council Member Bagdasarian: Yes.
Mayor Burk: Ms. Nacy?
Council Member Nacy: Yes.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Yes.
Page 30 I March 8, 2022
Mayor Burk: Mr. Cummings?
Council Member Cummings:Yes.
Mayor Burk: Ms. Fox?
Council Member Fox:Aye.
Mayor Burk: Mr.Vice Mayor?
Vice Mayor Martinez: Yes.
Mayor Burk: It's getting late. Me, yes. I think I got everybody. Yes. Is there a motion? Moved by Mr.
Martinez to adjourn, seconded by Mr. Steinberg?All in favor.
Members:Aye.
Mayor Burk: All right.
Page 31 I March 8,2022