HomeMy Public PortalAbout2022_04_26_Council_Agenda_Packet_REVISED
TOWN OF LEESBURG
Town Hall, 25 West Market Street
AGENDA
Town Council Meeting
April 26, 2022
7:00 PM
Council Chamber
1. CALL TO ORDER
2. INVOCATION
a. Council Member Cummings
3. SALUTE TO THE FLAG
a. Council Member Nacy
4. ROLL CALL
5. MINUTES
a. Work Session Minutes of April 11, 2022
b. Regular Session Minutes of April 12, 2022
6. ADOPTING THE MEETING AGENDA (AMENDMENTS AND DELETIONS)
7. CERTIFICATES OF RECOGNITION
8. PROCLAMATIONS
a. National Day of Prayer (Patricia Phillips, Loudoun Awakening)
b. World Ovarian Cancer Day
c. Stroke Awareness Month (Ashley Beard)
d. Thomas Balch Library Centennial
e. Independent Bookstore Day (Leah Fallon, Beverly Ingle & Allen Robinson)
f. National Drinking Water Week (Amy Wyks)
9. PRESENTATIONS
a. Planning Commission 2021 Annual Report (Planning Commission Chair Gigi
Robinson)
10. REGIONAL COMMISSION REPORTS
11. PETITIONERS
REVISED
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12. APPROVAL OF THE CONSENT AGENDA
a. Annual Tree Maintenance Services Contract Award
RESOLUTION
Awarding the Annual Tree Maintenance Services Contract to Arbogast Lawn &
Tree, Inc. of Purcellville, Virginia in the Amount of $41,283.88
b. License Agreement with Shenandoah Cable Television, LLC (formerly Shentel
Communications, LLC)
RESOLUTION
Authorizing the Town Manager to Execute a License Agreement with Shenandoah
Cable Television, LLC (formerly Shentel Communications, LLC) for
Telecommunications Facilities within the Town’s Rights-of-Way
c. Replacement of Solids Handling Building Roof at the Water Pollution Control
Facility
RESOLUTION
Awarding the Construction Contract for the Solids Handling Building Roof
Replacement Project at the Water Pollution Control Facility to Northeast
Contracting Corporation in the amount of $379,000
d. Cattail Branch Sewer Pump Station Phase III Upgrade Project
RESOLUTION
Awarding the Construction Contract for the Cattail Branch Sewer Pump Station
Phase III Upgrade Project to EMH Environmental, Inc. in the amount of $2,198,500
e. Airport North Hangars Project - Construction Contract Award
RESOLUTION
Award a Contract to Crisak, LLC in the amount of $8,020,214.92 for Construction
of the Airport North Hangars Project
f. Ratification of Appointment of Paul Coyer to the Thomas Balch Library
Commission
MOTION
I move to ratify Resolution 2022-047 Appointing Paul Coyer to the Thomas Balch
Library Commission and replacing Martha Schonberger, if and only if, Martha
Schonberger is no longer able to serve and either resigns and/or misses three
consecutive meetings.
13. RESOLUTIONS / ORDINANCES / MOTIONS
a. Loudoun Museum Subcommittee
MOTION
To authorize two members of Council, _________ and __________, to meet with two
members of the Loudoun Museum Board of Directors, Carmen Felder, and a
member of the 89 Ways to Give Foundation to discuss the Black History Mural
project with the intent of seeking a mutually agreeable plan for the project to be held
within two weeks.
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14. PUBLIC HEARINGS
15. UNFINISHED BUSINESS
16. NEW BUSINESS
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
a. Future Council Meetings and Agenda Topics
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO
FUTURE MEETINGS
19. TOWN MANAGER COMMENTS
20. CLOSED SESSION
a. Potential Acquisition of Real Properties
MOTION
I move pursuant to Section § 2.2-3711(A)(3) of the Code of Virginia, that the
Leesburg Town Council convene in a closed meeting for the purpose of discussion
and receiving information regarding the potential acquisition of real properties for a
public purpose.
MOTION
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)
21. ADJOURNMENT
Qualified individuals with a disability who require a reasonable accommodation to attend and/or participate in this
meeting should contact the Clerk of Council at eboeing@leesburgva.gov or 703-771-2733 to request the
accommodation. Three days advance notice is requested. Meetings are broadcast live on the Town’s local
government access cable TV channel (Comcast 67 and Verizon 35) and streamed live on the website at
www.leesburgva.gov/webcasts. All Town Council, Board and Commission meetings are recorded and can be
found on the Town’s Web site at www.leesburgva.gov . To speak during the Petitioners’ Section and/or during a
Public Hearing, you may sign up in advance by completing the form/s found on the Current Town Council
Meeting Agenda webpage at https://www.leesburgva.gov/government/mayor-council/current-council-agenda or
by signing up in person the night of the meeting.
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REGULARLY SHEDULED COUNCIL MEETINGS
Citizens are invited to attend and participate in Town Council meetings. The petitioner’s portion of the meeting
and scheduled public hearings offer the public two opportunities to present their views to the Council during its
meeting.
Petitioners
The petitioners’ portion of the Council agenda is the first item taken up by the Council following proclamations
and certificates of appreciation. This part of the meeting affords individuals the opportunity to address the Council
on any matter not scheduled for a public hearing. Prior to the meeting, those citizens wishing to speak should sign
the Clerk’s Register on the podium at the front of the Chambers. The Mayor will announce the availability of the
sign-up sheet at the beginning of all regular meetings. Petitioners’ presentations should be limited to five minutes.
Public Hearings
Certain items of Town business can only be conducted after the Town Council conducts an advertised public hearing.
Certain major issues affecting the town’s government can also be scheduled for public hearing at the option of the
Council. Adoption of the town budget, rezonings, special exceptions and amendments to the Town’s subdivision and
zoning ordinances all require a public hearing.
Decorum
A person addressing the Council as a petitioner, or during a public hearing, should advance to the podium when
recognized by the Mayor and state his or her name and address. Persons should also indicate whether they are
representing anyone other than themselves. After the presentation or comments, the Mayor or members of Council
may have questions of the petitioner. Decorum will be maintained. Statements, which are demeaning or defamatory
to members of the public, the staff or the Council, are inappropriate and out of order.
OTHER COUNCIL MEETINGS
Work Sessions/Committee of the Whole
Council may elect to place an item on the Tuesday night meeting agenda for action. Items will only be added to the
agenda if agreed to by a majority of Council present.
Closed Sessions
Under certain circumstances, the Virginia Freedom of Information Act permits the Town Council to meet in a
session where the public is excluded. This may be a discussion of personnel matters, legal matters, the acquisition
or sale of property and other selected topics. The Council can only go into closed session from a public session and
the notice must cite the specific statutory authority to go into closed session and also indicate the general topic to
be discussed. Only those matters in the adopted motion to go into closed session can be discussed at that time.
TOWN COUNCIL AGENDA MATERIALS
Generally, all items on the regular Council agenda have been first considered at the Council Committee of the
Whole. Individual council members, however, can request full Council action on an item considered, but not
reported out of committee. Materials previously distributed to the Council on Wednesday are available to citizens
on request from the Clerk’s Office. Citizens may also provide the Clerk of Council with an e-mail address or self-
addressed, stamped envelopes and Council agendas will be provided to the citizens without further charge. For more
information, call the Clerk’s Office at (703) 771-2733 during normal business hours or e-mail at
clerk@leesburgva.gov. Meeting agenda packets are available for public inspection in the lobby of Town Hall on
Wednesdays prior to the scheduled meeting. Council agendas can also be viewed on the town’s World Wide Web
site at http://www.leesburgva.gov.
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Council Work Session April 11, 2022
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Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding.
Council Members Present: Ara Bagdasarian, Suzanne Fox, Vice Mayor Martinez, Kari
Nacy, Neil Steinberg, and Mayor Kelly Burk.
Council Members Absent: Zach Cummings.
Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera,
Chief of Police Gregory Brown, Emergency Management Coordinator Joe Dame, and
Deputy Clerk of Council Corina Alvarez.
Minutes prepared by Deputy Clerk of Council Corina Alvarez.
AGENDA ITEMS
1. Items for Discussion
a. Police Citizen Task Force – Final Report
Police Citizen Task Force Chair Amy Harber gave a presentation on the
Task Force’s findings and recommendations. Mr. Frank Holtz also provided
suggestions regarding funding for police training.
Council and staff discussed the item.
b. Emergency Preparedness – Electric Grid Outage
Mr. Joe Dame gave a presentation on past incidents, preparedness efforts,
and future initiatives regarding electric grid outages.
Council and staff discussed the item.
c. Discussion Topics for Joint Meeting with Loudoun County Board of
Supervisors
Mayor Burk and Council discussed and determined the order of the topics
for the April 28, 2022, joint meeting with the Loudoun County Board of
Supervisors.
1. Plastic bag tax revenue sharing
2. Compass Creek BLA and related revenue sharing for data centers in this
area
3. Crosstrail Boulevard and Kincaid Boulevard openings
4. Small Business Development Center (SBDC)
5. Future County space needs in Leesburg
6. Master Memorandum of Understanding for County Services
7. Affordable housing
8. Regular Meeting Schedule
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Council Work Session April 11, 2022
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2. Additions to Future Council Meetings
Mayor Burk was unsure if the Stroke Awareness Proclamation had already been
included in a future agenda and requested four head nods. Council Members present
confirmed it was on a future agenda.
Vice Mayor Martinez asked about the Gun Violence Awareness Proclamation. Staff
confirmed that it is scheduled for a May meeting.
3. Adjournment
On a motion by Council Member Fox, seconded by Council Member Steinberg, the meeting
was adjourned at 8:03 p.m.
Clerk of Council
2022_tcwsmin0411
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April 11, 2022 – Town Council Work Session
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate. For greater accuracy, we encourage you to review the video of
the meeting that is on the Town’s Web site – www.leesburgva.gov or refer to the approved
Council meeting minutes. Council meeting videos are retained for three calendar years after a
meeting per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: I call to order this Town Council work session of April 11, 2022. Our first item for
discussion tonight is the Police Citizens Task Force, and the Task Force Chair, Amy Harber, is going
to be giving the presentation.
Amy Harber: [inaudible] Frank Holtz, who some of you know, was the vice-chair of this Task Force,
and two other members of our Task Force are present tonight, Pat Daly and Enrique Gonzalez. We
appreciate having the opportunity to serve the Town in this capacity, and we're here tonight to share
with you our findings. First and foremost, our conclusion. Our conclusion was unanimously that the
Town at this time does not need a permanent oversight commission. I will elaborate more on that
recommendation as we go through the report, but I wanted to go ahead and get the main idea out
there first.
To just start off, in looking at our presentation, and our final report to the Town, as you all recall, I'm
sure this Task Force started with the enactment of Town Resolution No. 2021-107. That was adopted
last July toward the end of the month. It was in response to a legislative change at the statewide level
last year, the enactment of Virginia Code Section 9.1-601. That was specifically allowing localities to
form police oversight commissions. In the definitional language of that statute, they omitted Town,
which meant that the Town did not have the authority to do that, and there was lots of discussion, as
I'm sure you all can recall.
In that resolution, the purpose of our Task Force was to essentially evaluate the establishment of a
Police Advisory Commission, and it was to ensure fair and equal treatment of all citizens by the
Leesburg Police Department. The three main focuses were enhancing the public trust with the
members of the Leesburg community, increasing the public communication with the Town and
transparency, and promoting public education on police procedures. The resolution specifically
indicates that we were not going to have any kind of involvement in HR or personnel-related matters.
Moving on to the next page, if you look at Section 9.1-601, that is a fairly significant difference with the
State statute.
We certainly looked at that when looking at guidance and how we should formulate our review of the
Leesburg Police Department. In the statewide code, many of the sections deal with the oversight
commission's ability to review complaints and personnel issues. Since we did not have that in our
resolution, we were limited really in the scope that we could examine the Police Department.
Specifically, we looked at four sections of that statewide code and we tried to incorporate them into
our responsibilities over the six months that we examined the Police Department. Section C(4) was
we looked at their policies, procedures, and their practices, and make recommendations for changes.
We had the ability to request reports of annual expenditures and make budgetary recommendations
to the Council and to the Town staff. We are here tonight making our public report on the Task Force
activities. We also took meeting minutes and there was agendas published before each of our public
meetings and we undertook other duties as necessary. In terms of the Town's Task Force
membership, we held our first meeting on October 20th of 2021, there were seven members. One of
the members that this body initially appointed unfortunately moved out of Town limits after the first
meeting and had to resign from the Task Force.
That member was replaced, and that replacement member began attending meetings in December of
2021. Of the seven members, five of us attended at least 75% of the meetings. Obviously, with
professional obligations, family obligations, and I think a number of us actually had COVID at different
points, myself included, mostly everybody missed about one meeting, but the presentations were
circulated by Town staff, as well as Police staff, so everyone had the ability to participate in the
discussions that we missed. In addition to the public meetings, we reviewed the general orders of the
Leesburg Police Department under the supervision of the Town Attorney.
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We were provided redacted copies of those to review at our leisure and propose questions if needed.
We also heard different presentations from Town staff and Leesburg Police Department personnel.
Some of the things that we discussed were a general departmental overview with crime statistics. We
had specific presentations on FOIA and transparency with the public, specific presentations on
community outreach, recruitment and retention, officer training, and we had discussions about internal
affairs. Additionally, the Town made Police Department staff and Town staff available to members for
additional questions. We had Town e-mail addresses. The agendas, again, and the meeting minutes
were public.
There were members of the outside public that were able to come to the meetings if they wished to
attend. In terms of the Task Force findings, after these six months of meetings, our Task Force found
as a whole that the Leesburg Police Department and its officers are motivated to police itself against
any officer complaints or wrongdoing. They are committed to professionalism in their public
interactions. They are committed to transparency to the public, and they are committed to forging
positive community relationships.
As I mentioned at the beginning, we took a vote at our February Task Force meeting. There were six
of the seven members present, and the recommendation was that we do not believe that the
establishment of a Police Advisory Commission is-- it's not necessary at this point. There's no data to
support it. No members of the public came forth with information to warrant the need for it. There was
no departmental information shared with us that would suggest that there's a separate need for it.
This vote was circulated to the member that was not present. We did not hear any type of feedback
from that member who was not present to participate in the vote.
Some of the reasons that we came up with this recommendation, first of all, in 2020, the Leesburg
Police Department had only 15 internal affairs complaints and more than half of them were internally
reported by their officers. That's a fairly significant statistic, especially in the national dialogue about
policing. The fact that more than half of these complaints initiated from members who did not like what
they saw their colleagues doing, speaks volumes about the professionalism of the officers that are
involved in the Police Department.
Additionally, civilians have the ability to report complaints via the Town website, the Police
Department website, e-mail. They can come into the office and make a complaint.
All of those complaints are immediately investigated by the officer's direct supervision. If it can be
resolved at that level, it will be, or it can be escalated as needed. Additionally, as you all may be
aware, the Leesburg Police Department undergoes an independent accreditation process every four
years that involves meeting 190 separate standards. Those standards have to do with things such as
physical fitness, officer training, policies and procedures, discipline, and they have successfully
passed that accreditation. The Chief can certainly correct me if I'm wrong, I believe they're up again
next year or toward the end of this year for that next accreditation process.
The Leesburg Police sponsors a ton of community events and initiatives. They have Coffee with a
Cop. They have National Night-Out events. They have Shop with a Cop over the holiday season.
They have Fiesta Latina. They have different social media presences on Nextdoor, LinkedIn,
Facebook, Twitter, Instagram. They are really making a significant effort to reach different members of
our community and really incorporate feedback about their different practices and engage with the
different community members. There are designated officers for each of the different homeowner's
associations in the Town.
Certainly, I know I've been a Town resident for 10 years and both of my HOAs have that contact
person directly that I can communicate with about any kind of specific issues in our neighborhood. As
you all may know, different personnel do participate already in other Town boards and commissions
such as the Residential Traffic Commission, the Diversity Commission meetings. Certainly, if there is
a need for police staff or police officers to attend different boards and commission meetings or
additional board and commission meetings, that can be arranged without the need for an entire
creation of a new Task Force.
There are a number of personnel involved in different multidisciplinary committees, both locally and
statewide, and perhaps nationally, we didn't really talk about nationally, but we're talking about the
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Domestic Assault Response Team, the Child Advocacy Center, the Crisis Intervention Team, the
different initiatives with the County in criminal justice. We were not made aware of any other members
of these from the medical personnel, public safety personnel, civilian personnel, of any type of issue
that would warrant the need of a police oversight committee.
In keeping with the purpose of the Task Force, we do have some recommendations to Council, and I
would say that overall, they are centered around the aspect that police officers and police personnel
are hazardous duty employees, they are not your regular Town employee, and certainly, that
information is in front of you. If you have any specific questions, I'm happy to address them.
Mayor Burk: All right, thank you very much. Did you say everything you wanted to say in the report?
Amy Harber: Yes.
Mayor Burk: All right, thank you. Thank you very much. Truly, we really appreciate the fact that you
all came forward and volunteered to do this. It's most certainly very helpful for all the information that
you brought forward. Does anybody have any questions at this point? Mr. Martinez?
Vice Mayor Fernando “Marty” Martinez: I just want to say thank you. I'm not surprised by your
recommendations, and I'm not surprised by some of your recommendations to help the police force
continue its duty. I just want to say thank you and I appreciate it, and one of the good things about this
whole thing is we've done it, it's on record. If anybody has any questions about the Town's
commitment to our Police Department, this is a good indicator of how we are committed to them.
Thank you.
Mayor Burk: Ms. Fox?
Council Member Suzanne Fox: Thanks. No questions. I just wanted to thank you for the deep dive. I
know that we needed to have that and I agree with Vice Mayor Martinez about having it on record,
doing the homework. It just kind of verifies what we knew about our Police Department. Thank you
very much.
Mayor Burk: Mr. Steinberg?
Council Member Neil Steinberg: Yes. Hi. Well, thank you for your work, very much appreciate it. I
wonder if you can just talk a little bit about these task force recommendations in your last slide. Just
give us an idea how you came to some of these.
Amy Harber: Sure, in terms of the departmental funding needs, especially when it comes to FOIA
and transparency, I know a lot of the national dialogue is about FOIA and transparency and the public
understanding what the Police Department does. The Town right now, I know the Police Department
right now employs I believe one and I think they're requesting a second FOIA officer, and that is
Officer Michael Drogin, who literally spends hundreds of hours in his capacity reviewing things to
respond to the public. As you all know, he has an obligation to do it in a certain period of time.
I think that if there is a dedicated need to improve transparency to the public, certainly that could help
alleviate some of the responsibility off him and help with the public response time. In terms of the
Leesburg Police training budget, as I kind of touched on earlier, it is difficult to compare the need for a
law enforcement officer to attend a safety training versus a customer service representative to attend
a service-related training, and they're both equally important in different ways. When we're talking
about pulling from the same type of money, one could impact life or death and the other one would
not. Really, it creates a manpower issue and a staffing issue with the rest of the department.
In terms of the law enforcement-specific grant coordinator analyst, it's our understanding that the
Town does have staff that are available to apply for grants. There is no designated position in the
Leesburg Police Department. There are a number of Department of Justice and national grants that
are available and some of the local departments do take a lot of advantage of that, Fairfax Police
Department being one of them, that apply for these grants, and its money to initiate projects.
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Without a designated person to look into law enforcement-specific grants, I think our department is
not utilizing all the resources that are available in terms of what we could use geographically in our
proximity to the nation's capital. In terms of vacancy savings, obviously, there are vacancy savings in
the department. I know that several positions were approved shortly before the pandemic and there
was some hiring freeze that related to that. To the extent that money can be returned to the
department, that is being held by vacancy savings. We felt that that would be a good idea. There's
obviously a little bit more in play to that than we can address.
Then, in terms of additional recommendations about the separate pay band, again, focusing on the
fact that these are hazardous duty employees, different localities in our region do enact different pay
bands for public safety workers versus your general Town employees, or your general County
employees. One of the things that was brought up also was that this board or this Council has the
ability to advocate on a statewide level for better retirement incentives. Obviously, Leesburg
employees are members of the Virginia Retirement System. There are other police agencies in
Northern Virginia specifically that do not participate in that and as a result, they have better retirement
incentives.
They have higher retirement multipliers. They are allowed to specifically apply accrued leave to years
of service, so they can essentially retire a little bit earlier and that makes it very attractive for
experienced officers to go elsewhere. The Town I think briefly during our six-month period with the
pay raises had the highest new recruit rate. I think that lasted a very short period of time because
every jurisdiction is coming up, but certainly, recruitment and retention of officers will improve the
Town. Those were our recommendations.
Council Member Steinberg: Thank you.
Mayor Burk: Mr. Bagdasarian?
Council Member Ara Bagdasarian: Yes, I also want to echo my appreciation for the work that
you've done and everyone on the Task Force to dive into this and really look at where there are
opportunities to improve. I'm not surprised by the professionalism of our force and Chief Brown. I was
going to ask about the recommendations, but just specifically, how active is LPD with grant
submissions currently? Is that something that we're actively doing?
Amy Harber: It was our understanding that they are as they become aware of grants and as staffing
is available to apply for them. I know that there were at least two, and I would have to defer to the
Chief on what they were that they have recently applied for and acquired. There are certainly
members of partnership kind of grants that go on in terms of the Child Advocacy Center, the Crisis
Intervention, that type of thing. By virtue of their participation in some of these other organizations,
they are participating in that process, albeit maybe not leading it.
Council Member Bagdasarian: That's great. I mean, it's looking at public safety from a holistic
perspective. It's not just isolated to law enforcement, emergency management, other services. That
said, I really appreciate your work, thank you.
Amy Harber: Thank you.
Mayor Burk: I do have a couple of questions for you. You said that there were 15 IA complaints in
2020.
Amy Harber: Yes.
Mayor Burk: Were you given the stats on the amount of complaints from the Town residents as a
whole? Not just the [crosstalk]--
Amy Harber: I'm not sure I understand your question, Mayor.
Mayor Burk: Did you get the statistics of the complaints that come from the public? Did you get any
number [inaudible] [crosstalk]--
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Amy Harber: Of the 15, I believe 7 or 8 of them came from the public.
Mayor Burk: Okay. What does IA stand for then?
Amy Harber: Internal Affairs.
Mayor Burk: Okay, but don't we get other complaints? Does any complaint from the public go to
Internal Affairs, I guess, is what I need to ask?
Amy Harber: I believe under policy and procedures, a complaint would be investigated, yes, as an
Internal Affairs complaint. Whether-
Mayor Burk: In 2000-- [crosstalk]
Amy Harber: -or not it continues to escalate up the chain of command is dependent on what the
issue is.
Mayor Burk: Depending on what the issue is and if it's solved, or whatever.
Amy Harber: Yes.
Mayor Burk: Right, I understand. Okay, great. So the Leesburg Police Department had only 15
complaints-
Amy Harber: Yes.
Mayor Burk: -in total? I think that's pretty remarkable for a locality as large as we are. I think that's
pretty amazing. It says some pretty interesting things. The third point you make about the multiple
community events and initiatives, I have to say that our police officers are truly amazing in the amount
of time they put into these events outside of their daily activities. The effort that they put in; the
outreach is just amazing. I had two ladies come here and I was not in the building at the time, but they
were homeless. The receptionist at the desk called the Leesburg Police. The officer came and within
a couple of hours he had them in shelters, and they had not been able to get into a shelter.
He took care of their dinner and he made sure that they got their placement. I mean, the amount of
outreach that our Police Department does is I think pretty inspiring. I think it's above and beyond what
a lot of other Police Departments do. I'm glad that that was something that you pointed out. Okay, I
got the answer to that question. The next one is the recommendations. Where you say dedicated
training budget. Do you mean that the Police Department does not have a line item on professional
training?
Amy Harber: I believe that they do. My understanding is that there's additional training money
available to the Town that essentially operates as a pot that different departments can apply for and
that those requests are considered equally I guess per department. In my understanding, a lot of the
law enforcement training, I would say also for the required credit training is sponsored through the
Department of Criminal Justice Services and is free. In terms of national trending, new police trends,
those often involve out-of-state travel and larger conference fees because the Town is not necessarily
members of that association.
I think those are the training opportunities that our department is not really able to as frequently take
advantage of.
Mayor Burk: That would be very interesting to pursue that. I would assume that there would be a
training budget automatically in the Police Department's budget, and if not, and if it's not sufficient
enough, that's something that we really need to look into. I'm assuming the training budget is part of
the budget request every year.
Amy Harber: I think so.
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Frank Holtz: Madam Mayor?
Mayor Burk: Yes?
Frank Holtz: Part of the whole issue about staffing, when you want officers to go to additional
training, meaning that most of it's in the Northern Virginia Training Academy. What we found is that a
lot of times that the sergeants and lieutenants, being short on officers had to maintain every-day
roster. You could not send that officer to that additional training, that officer-friendly training that we'd
like to have with all of our officers. When you're down 10, 15 officers, it makes it very difficult, and
that's something that obviously you guys look at every year. The sense of this committee is that the
Leesburg Police Department is understaffed, and the reason is for budget reasons.
If you're going to have a full-time professional law enforcement agency, that you really need to have
these officers go to additional training. Part of it is when you grow up, and you go to school around
here, when you have that traffic stop, you can relate to all of the people in Town. Most of these
officers don't live in the Town they serve. That's something that we thought about, but obviously, it
was beyond the scope of our committee. These are some things that need to be approached in the
future. Why do officers leave and go to the Sheriff's Department? Is it because of mandates or is it
because of training? That's for your purview to look at that.
Mayor Burk: Right. Thank you.
Frank Holtz: Again, training budget, the Chief needs a dedicated budget every year that he knows
that he can do this and provide those officers to go to additional training every year. Thank you.
Mayor Burk: Thank you. That is something, Mr. Dentler, we need to be aware of, that there isn't a
training budget in the Police Department's request.
Kaj Dentler: Well, Chief can correct me wrong, but the Police Department does have a training
budget. The Town does have a pooled amount of funding for training that we started many years ago.
Amy is correct, that all departments can ask for funding. Maybe the Police Department's request
hasn't made it all the way through, but I'm not aware that any department's training requests haven't
been approved pre-COVID. Once COVID hit, everything was different.
Mayor Burk: Right. Well, that might be something we want to just look at in the future because I
really do believe in professional development. That's really important. Then, the last question I have is
about the VRS. How long does an officer have to serve before they get full retirement? Do you know
that?
Amy Harber: Depends on their age.
Mayor Burk: It depends on their age?
Amy Harber: Yes. I believe it's 20 years and age 50 is full retirement.
Frank Holtz: That's the minimum.
Amy Harber: That's the minimum for full retirement.
Mayor Burk: That's a little more attractive than other VRS recipients. Most recipients have to go the
30 years. At least there's that but there are most certainly some other things that we could be doing
and should be looking at to make it more attractive. Thank you very much, really appreciate all this
information.
Council Member Kari Nacy: Go on.
Mayor Burk: Anyway, thank you very much. I do appreciate all the information. I'm sure we'll be
continuing the discussion but thank you. Thank you all very much.
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Frank Holtz: Thank you.
Mayor Burk: All right. Our next discussion is Emergency Preparedness.
Joe Dame: All right, good evening, Madam Mayor, Members of Council. I'm excited again to be here
to talk tonight about Emergency Preparedness this time as it relates to electrical grid outages. Before
I start, I'd just like to thank the Council for your continued proactive emergency management,
prioritization of the program, and having these discussions. I think it's definitely a very important topic
to talk about. Tonight, I'll hit on four key areas.
The first is going to be the impacts of an electrical grid outage, then we'll move on to looking at some
past events so we can understand the threat and the hazards associated with them, then move into
looking at what we have been doing as a Town to prepare for this type of event, and then look at
some path forward and some ideas that are out there. When I looked at this graphic, I thought this
was a great graphic to really drive home the importance of the energy sector as one of the 15 critical
infrastructure sectors. As you can see on the graphic, energy is at the center, at the hub of this spoke
and wheel. Really, that gets to that the energy sector really helps drive our 21st-century economy.
It touches all the other sectors that are around the outside of this ring here. Any disruption or cut in
between those little connected webs will cause some cascading impacts in particularly some of those
sectors that are in red, like our water and wastewater. If we have a loss of commercial power, we
can't use our pump stations appropriately, or things happen at the water treatment plant. In terms of
transportation, making sure that our signals can remain online all the time, our traffic signals, so we
could have orderly evacuations and things of that nature.
I also thought was interesting when the Airport Commission was here and talking about doing an
assessment of where all the electrical comes in at the Airport and understanding that. Great things
that folks are thinking about, which is great. Then, finally communications. We have a lot of normal
pathways of communication that we use every day but what happens if those become disrupted,
oftentimes, which will happen possibly due to a electrical outage. Those are really key areas to look
at.
Then, understanding the hazard and the threat environment. When the discussion item was brought
up by Mr. Steinberg, I thought, "Well, let me go look at some historical events that have taken place to
understand what the impacts would be and understand the threat environment." I'd call your attention
to the center column, which has some different causes. What I found is really there are three main
areas of hazard that can cause some type of electrical outage. The first being your natural hazards.
The things that we see on a routine basis with severe weather, tornadoes, we had the Derecho that
occurred that is listed there, which happened in 2012.
A lot of folks will remember that that really severely impacted communications, transportation here
locally within the Town. I also would call attention to extreme temperatures, whether it be a high
temperature or low temperatures like happened in Texas in 2021, where they had some grid failures
because of severely low temperatures. The second area of importance are technological hazards.
Those are dealing with systems and the interconnected nature of those and when there's a failure.
You can see in the August 2003 blackout that happened in the northeast there was actually a natural
hazard of tree growth and trees falling on lines but compounded by some software issues that came
up and when those systems began to fail. Then, finally, there are unfortunately human-caused
hazards as well. In 2013 in San Jose, California, some unidentified individuals actually fired weapons
at an electrical distribution location and rendered that area without power and cost $15 million in
damage. Then, certainly, cyber-attacks which is becoming an increasing concern. In 2015, it
happened in Ukraine and severely impacted the electrical grid there.
I'd just call that point that there are multiple different types of hazards and grouping of hazards that
can impact the electrical grid. Moving to what we've done to prepare. When I came on board with the
Town, one of the first initiatives I undertook was making sure that we had a comprehensive hazard
webpage that was easily accessible by residents, by businesses. There's an example on the screen
of the power failure section of our hazard website. What I tried to do there is show what the likelihood
of an occurrence of an electrical or a power failure is, what the warning time would be, and then giving
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some of those things of what can you do to prepare, giving folks some tangible things of what they
can do.
A lot of those are having a good plan in place, so knowing who your electrical provider is ahead of
time so you can gather information from the provider and report any types of outages. Also, having
that good communication plan if your primary means of communication have been disrupted, which is
really important. Then if you have other circumstances where you need a piece of medical equipment
that is a necessity, going one step further and maybe talking to an electrician about a generator and
having that appropriately connected to your house, which is a really great way to prepare yourself and
make sure that you're fully prepared.
Additional planning. Additional preparedness efforts would be our all-hazards planning that we do all
the time in the emergency operations plans, continuity of operations plan. We look critically at the
interdependencies of energy and making sure that we are planning for the impacts if there was an
outage. Another area I've worked in is looking at exercises. I did three tabletop exercises last year
with our Water Pollution Control Facility staff to review their plans and procedures, to talk through
equipment, to make sure that those procedures were up to date. There's some great projects in the
CIP. There is actually two CIP projects for emergency generators which is really great to see.
Those are serving critical infrastructure at the Utility, both water and wastewater, which is great to see
those projects in there. Then, finally, in terms of transportation, worked on a project scope that is
going to bring equipment to some key intersections in Town and put battery backups at those traffic
signals and also generators and the quick connection so we can keep those signals online in the
event of a power outage. Where do we go? What's the path forward? I think the big thing is to
continue to think about that spider web and all the energy sector being the spoke of that wheel and
that it touches everything that we do.
The first thing is as we plan and we continue to update our plans is identifying those
interdependencies where there's energy, as we bring new systems on, what are the power
requirements. We're making sure that we're always thinking of those energy interdependencies.
Another area is looking at mitigation projects. In the memo, I highlighted two microgrid projects that
were completed through FEMA grants. Those ones are leveraging solar and then some battery
storage to keep critical infrastructure online, allowing critical locations to work either on the grid or off
the grid if there was an electrical outage.
Then, finally would be continuing that public preparedness messaging. Updating our citizens'
emergency preparedness guide is a key to make sure that we continue to provide that information
ahead of time, that we're preparing both the residents and businesses, the actions that they should be
taking to make sure that we are preparing fully for if there was a long-term outage knowing that there
are a lot of cascading impacts that could come from an electrical outage. That's all for the
presentation. I'm happy to take any questions and help with the discussion.
Mayor Burk: Thank you. I do have to say that your last recommendation of enhancing public
preparedness messaging might be really important if we really do have to worry about people eating
spoiled food from their refrigerators and freezers after a prolonged power outage. That outreach is
probably pretty important.
Joe Dame: One that I neglected to mention was also how does the Town continue to communicate in
the event of a power failure? I've been working with the PIO on what we would call our stone age
communication plan where we have hub locations, but yes, we don't want to compound the
emergency even further.
Mayor Burk: All right, anyone? Mr. Martinez?
Vice Mayor Martinez: Sure, I got a couple of ones and I'm sure you're expecting me to ask a couple.
Joe Dame: Sure.
Vice Mayor Martinez: Right now, we're dependent on, especially with batteries, on electrical power.
When are we going to think about solar power? We talk about UPS as battery backups and stuff, the
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ideal setup is solar power to charge those batteries and use the power off the batteries to do our
work. How far are we from that?
Joe Dame: I think we're pretty far. One step that I have taken earlier this year is putting in a request
for FEMA assistance, direct technical assistance, so not monetary assistance to look at some of these
programs that are more cutting-edge type programs. In the last year, FEMA in their building resilient
infrastructure and communities, which is called their Brick Grant, there was only 14 grants that we're
looking at microgrids setups at different varieties. I think we need to look at the feasibility of that, and
then hopefully, if we were able to get that direct assistance from FEMA, we could brainstorm with
those experts some of these procedures and systems that are out there.
Vice Mayor Martinez: I look at the location of our parking garage, and putting a solar power grid on
top of the garage, my question is how much power will that generate and where would we store the
batteries? Of course, probably in the basement of the parking garage. The other thing is, and I'm
going to give you example of something that when I got Fios with home network and the bandwidth
and stuff, I thought I'm set, I won't need anything else. Then came the smart TVs, then came the kids
then came the iPhones, then came all these other little electrical things that are using my Wi-Fi that
has brought down the performance.
Now let's go back to here today, we're talking about battery-powered scooters, other forms of
transportation. Not only that, we're talking about buses that are going to be run on electric. What they
do, in some cases, is they have a charging station underneath the metal, and when the bus rides over
the metal, it's charging. All of that is taken little pieces of our power. The question is, are we okay with
that for now? When will we have to worry about our power grid system and finding other ways to
enhance it? Those seem trivial and I thought I would never have to worry about bandwidth for my
house until the kids moved in and everybody's using all my bandwidth.
I have to sit there and tell them to shut down, especially when you talk about video game streaming.
The point I'm making is that even though it's not here yet, it will be coming, and we need to make sure
we have a plan in place to take care of those leeches on our power grids.
Joe Dame: Definitely.
Vice Mayor Martinez: Then what advantage for our power needs, both fuel and maintenance and all
that, moving to an all-electric vehicle fleet give us?
Joe Dame: Yes, and I think that's one where we've had initial. I know Keith and I have kicked back
some ideas of what does that look like, and I think you're starting to see some of those vehicles come
online. EVs like a pickup truck if you're talking about our Public Works Department or different
departments that have different needs from a smaller vehicle. We need to look at that feasibility, look
at what the charging infrastructure looks like as you mentioned, and getting those things there. I think
those are things we're going to have to probably partner with Dominion, and then the power provider.
Vice Mayor Martinez: Some of our power charging stations are going to have to be places where the
public can use it too. Not that we're targeting the public, but we can't deny them the use, and the
power stations would be for us. I can imagine a couple of electric vehicles parking in the garage,
needing to hook up to a power thing in the garage. As soon as they leave, somebody else pulls in and
uses it from the public sector. I'm not going to deny them the ability to use it, but that's going to also
increase our cost. Unless we find some way that we can say it costs you so much per electric charge,
per half hour per whatever, but those are things that immediately are coming.
Especially if we start transitioning to electrical vehicles, then we're going to have to figure out where
we're going to put charging stations and how that also is going to impact our power grid. Thanks.
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian: Thank you, sir, I appreciate it. What is the current state of our
backup power for critical infrastructure today?
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Item a.
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Joe Dame: I think a number of our critical infrastructures we've invested heavily. I know Utilities has
done a great job of looking at their backup power, and then looking at some of the other sites that
needed redundant power. I feel comfortable with those areas of the critical infrastructure, but it's
always to that point of going back and looking at the interdependencies. As we increase system
capacities and things like that, we constantly need to go back and make sure what we have is still
appropriate.
Council Member Bagdasarian: Okay, thank you.
Mayor Burk: Ms. Fox?
Council Member Fox: Thank you. You talked about the grants, who is in charge of seeking those
grants right now? Would that be you?
Joe Dame: Yes, so that would be me.
Council Member Fox: Okay, so you're about in charge of everything, right?
Joe Dame: Yes.
Council Member Fox: Okay, got it. Is there really a good chance that we could benefit from some of
these, or is this something that is farfetched?
Joe Dame: I think there is a good chance. One of the parts with the technical assistance from FEMA
is understanding the project scoping and showing the return on investment that we would get out of it.
I'm always the eternal optimist that I think there would be a lot of benefits and I think we just need to
try to apply. We haven't applied, so it's hard to say that we're not going to get it if we don't apply.
Council Member Fox: Who informs, you said there's a path forward, and I agree with everything
that's going on here, I'm actually giddy about it, but who informs that path forward? When you have a
question, who do you go to? What kind of subject matter experts do you [crosstalk]?
Joe Dame: A lot of it is based off our Hazard Mitigation Plan, which we're working on right now. I rely
a lot on FEMA to give us some of those. A lot of the information on those microgrids came from
FEMA's hazard mitigations playbook that gives you some good ideas of what is out there. Now, I'll
also say some of those projects were from 2017 and 2018, so it's really catching up to where the
technology is today and understanding where we can go too, I think is going to be really important.
I would provide much of that expertise in working with the NVRC also has some good resources in
terms of solar power and their solarized NOVA program. There's some expertise I can reach out to
because we would need those experts at Dominion or the other power companies to help us inform
that too, I think, as well.
Council Member Fox: These big power generators that you're talking about, do we have the
expertise to operate these?
Joe Dame: I think there would be a learning curve. I don't know the exact answer to that with it being
in the initial stages, but I certainly think it's a different setup to have big, large battery banks to have
the installation. There's potential that we would have to look at some different resources that might not
be there honestly at this point
Council Member Fox: That's what I was getting at, okay. Then the last thing, and this has to do with
public awareness and everything, a lot of the public just they're not aware until something actually
happens, so what do you think we can do besides putting things on a website, things like that? What
can we do to be more proactive and increasing public awareness before something happens?
Joe Dame: I think a lot of it is going to be outreach as well, going out to HOAs, to community
meetings where we can proactively be out in the community. That's definitely an area to work on. We
have the passive outreach right now, but we need some more of the active outreach to get out there
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Item a.
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in the community and really educate on some of these areas and try and pass that message along
more actively.
Council Member Fox: All right, thank you.
Joe Dame: You're welcome.
Council Member Fox: Appreciate it.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Thanks, Joe, for all the information. I see there are two sides of this.
One, obviously, public awareness, but in the end, that's going to happen on a more individual basis
obviously or a neighborhood basis than necessarily a Town orchestrated situation other than
disseminating information. I think as a Council, our primary concern is obviously continuity of services
and government and how that's going to happen. Do we have a feeling, as of now, I assume
generators would still be considered the primary option as opposed to solar installations, but over a
period of time, that's going to start to transition.
I also assume that if we have an all-electric fleet and we need people to get around in an emergency
situation, then somehow those vehicles have to be charged. Again, that probably points more to a
generator as opposed to solar. I think one of the primary concerns is communication above and
beyond everything else. We have several departments, Leesburg Police Department, Emergency
Management and Government, and so on. How are all these departments going to communicate?
More important, who's in charge? I distinctly remember in 9/11, Alexander Haig on TV saying, "I'm in
charge." Obviously, that confusion doesn't bode well for good emergency planning and management.
Communications in the end will be key. Obviously, I'm not telling you anything you don't know. We
had the same discussion in the IT Commission meeting the other evening, which is, obviously, a
crucial part of this whole project. That's one of the reasons why I wanted to talk about this in general,
just to make people more aware of how complex an issue it is just in terms of continuity of our
functions overall. Thanks, and I know this is going to be an ongoing work in progress. Thanks.
Joe Dame: You're welcome, thank you.
Mayor Burk: I have a couple of questions before I get back to you. Are we looking at any alternative
forms of energy at this point? We've asked that we look at making our fleets electric, but is there any
step forward in any other areas besides fossil fuels?
Joe Dame: I think the one area that when I was looking through the Town Plan, the recently adopted
Town Plan is when you look at how you set subdivisions, there is indications for north and south in
that which is a good first step, but I think the short answer on the Town operation side is no. We
haven't jumped into alternative, the solar energy. I think the ideas are out there, but we haven't taken
that first step into it yet.
Mayor Burk: What would it take?
Joe Dame: I think one good step was the Energy Manager which will also fall under my office, and we
can start to investigate some of these technologies and understand how they apply to support
continuity of government as Mr. Steinberg was saying, but I also think, looking at this, to support the
community too and what can be done there. That's going to take some looking, some understanding,
what's feasible to do, but I think that is a good first step obviously, having someone who can
specialize in this and look into it and dig into it.
Mayor Burk: Then my next question is about the developers and the development mindset. Do we do
anything to encourage the developers to do things, like you just mentioned, of placing the houses in
certain directions because they get more sun in the winter and less in the summer, or are they looking
if any alternatives? Anything at all, do you ever talk to the Planning Department about moving forward
on those kind of ideas for these new developments that are coming into Town?
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Item a.
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Joe Dame: I have not yet, but that was where it was interesting seeing it in the Town Plan that at
least the thought is in there and how then we can look at really this pre-mitigation. That's super pre-
mitigation to be there and try and work and see what options are out there. The one example from
Illinois was a microgrid that was in the community and set up, but that's one that I'll put down is that
connection with Planning and Zoning and what that looks like to get it in the development stage
because frankly, I don't know whether it's done yet.
Mayor Burk: Then if an HOA was interested in having the discussion at their meetings, do we have
the ability to invite you or someone from your newly expanded department to attend?
Joe Dame: I would always be happy to come out and if there are any connections or if you all hear of
anything, certainly reach out and let me know. To the public, if you're watching, I'm always available
to come out and discuss it because I think it's a good thing to be thinking of it proactively ahead of
time as we were talking about for sure.
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian: To address one of Mr. Steinberg's questions, so the Town Council
and certain members of staff are on the FirstNet network, correct?
Joe Dame: Yes.
Council Member Bagdasarian: Would you mind just explaining just briefly what FirstNet is?
Joe Dame: Sure. FirstNet is a direct result of 9/11, where there is a 20-year contract that AT&T was
awarded the contract to provide. There's dedicated cellphone spectrum that is just for public safety,
and it is expanded also for continuity of government. What that system does is there's priority and
preemption where if you have a FirstNet phone, you're bumped up to the top of the list. To Mr.
Steinberg's point, I managed that uplift portal, where if things became congested, we could put in a
request to uplift our phones that are in our Town account to hopefully prioritize our communication
based on cell phone infrastructure.
We also do maintain a Town radio system, which is really good that is separate from the cell phone
network, which is a good second step as an alternative method.
Council Member Bagdasarian: One of the challenges with emergency management, especially with
comms outreach is that people just tend to be reactive and, "I'll get to this later, it's not important right
now." Then usually, after something bad happens, then you have an overreaction to that, and then
you truly take those steps that should have been done prior. That's going to be, obviously, a challenge
and it'd be great if HOAs and different neighborhoods are truly engaged and want to be proactive with
this and bring you out. Just a quick question.
We're talking about battery power, so the current infrastructure we have, the current backup, is that
diesel generators? Is that what we currently have for the water, transportation, and communications?
Joe Dame: We actually have a mixture, so we have diesel and natural gas. There isn't one
consistent, which is probably a benefit, honestly, so if there was an impact to one, that's what it is, but
it's a mixture today.
Council Member Bagdasarian: Good. Thank you.
Mayor Burk: All right, thank you very much.
Joe Dame: Thank you. I appreciate it.
Mayor Burk: We appreciate the information and thank you. The next one that we have is Potential
Topics for Consideration for the Joint Meeting with the Loudoun County Board of Supervisors. Mr.
Dentler and I try throwing back and forth ideas and I sent out to all of you. This is the list that we came
up with. It may be too long, it may not have what you want, but I need to hear from you because I
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Item a.
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need to send this forward to the Board Chair. I would think the Small Business Development Center is
something we really want to get clarified. That yes, they will continue to support that in Leesburg.
Is there anybody that has strong feelings that that doesn't belong in our discussion? The Crosstrails
Boulevard and Kincaid Boulevard openings, that's going to be happening here soon. The Kincaid
HOA has already met to talk about it, and so I would think that would be something that we would
want to have a discussion with them as to when they're doing it and what are the things that we need
to be prepared for because it is going to be a bit of a change for Kincaid Boulevard. Does anybody
have any issues with that one?
Council Member Fox: No, I don't have an issue. I just wondering how long we are allocated.
Mayor Burk: We really haven't been given a time, but you know that they're not going to sit there for
three hours. If some of these are not, that's coming up pretty quick. Some of these may not, so we
may not want to put them on there, we may want to, that's why we're going through.
Council Member Fox: The one we just mentioned, I think it's important, but I also think that's
something that if there's a bullet point of what we can do, maybe we can just get that through staff. I
don't know if that's necessarily something we need to talk about.
Mayor Burk: I'd like to make sure that we're on the record as to when they are planning on opening,
so we're prepared.
Council Member Fox: Okay.
Mayor Burk: Compass Creek BLA, and related revenue-sharing data for data centers in this area.
Okay, everybody okay with that one? Evergreen Mill Road development, what is that? I'm not sure
what that is.
Council Member Steinberg: What about it?
Mayor Burk: Pardon me.
Council Member Steinberg: I was just saying, what about it?
Kaj Dentler: That's really just to give the Board an update of where the Town is with the project.
That's the only purpose, so it's exchange of information. The County has been helping fund it, so the
thought was that we would want to make sure that they knew where we were with that project.
Council Member Steinberg: We're currently a year or something behind on that now?
Kaj Dentler: I don't remember, so I don't want to say at this point.
Council Member Steinberg: Okay.
Kaj Dentler: We will make sure that we have the update.
Council Member Steinberg: Okay.
Mayor Burk: Do we want to keep that on the-- I'm not really married to that. If there are four people
that don't really want to bring that one up. What? Okay, yes, take it off. Okay. When I'm done with this
list, I will ask if you all want to add anything. Affordable housing, do we want to have a discussion on
affordable housing at this meeting?
Council Member Fox: [Unintelligible].
Mayor Burk: I suspect they will talk about it quite a bit. They might be willing to talk about it. I don't
know that we have much that we can add at this point. Do we have?
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Item a.
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Council Member Fox: I think it needs to be talked about, I don't mind talking about it, but I don't know
what we would add yet.
Mayor Burk: Then most of us want to keep that on. The plastic bag tax revenue sharing.
Council Member Steinberg: We're just looking for a definitive answer on that?
Mayor Burk: The definitive answer to me has been, well, you guys need to advocate for it in
Richmond. There's no reason we couldn't bring it back up. Anybody have a strong feeling that they
don't want it on there? Future Space Needs in Leesburg. The monthly meeting, I have with supervisor
Umstadd, she commented on that the Town wanted the County to leave the Shenandoah Building.
She was under the impression that the Town wanted the County to leave the Shenandoah Building,
and we assured her that that was not the case, that we hadn't even had a discussion on it.
No, that's never come up for discussion, but I thought maybe we need to clarify that then if they're
thinking because the whole idea that they bought so many pieces of property on Miller Drive was what
brought up a discussion about could you not keep taking our industrial area that brings us money, but
that was unintended for all of Leesburg. We should probably leave that on just for clarification
purpose. Do we want to talk to them about scheduling, having a regular meeting schedule once a
quarter? God, not once a month, please.
Council Member Steinberg: God, no.
Mayor Burk: Twice a year?
Council Member Steinberg: Couldn’t hurt. At least twice a year I think would be an interesting idea.
Mayor Burk: We have had a request from our illustrious attorney to ask for one omnibus agreement
in regard to MOUs so that the process is in place, and we don't have to have separate MOUs for
everything, every service that the County provides. If we had one standard, then it would be the same
for all of them so that it would make sense that they would expire, so the same date they would do the
same thing, so that it was much clearer than what we have now.
Council Member Steinberg: If we did that, then we'd have more time to have a meeting with them
twice a year.
Mayor Burk: There you go. Is that all right? All right, did you have something you wanted to add?
Council Member Nacy: Just one-- Oh, my. I'm not trying to yell. Just wondering if knowing that our
time will be limited with them, should we rank these in order of what's most important to us?
Mayor Burk: Sure, we could do that, but let me go around and find out if there's any additions-
Council Member Nacy: Okay.
Mayor Burk: - if anybody wants to add to it? Is there anything that anybody does want to put on? Oh,
you are so cruel.
Council Member Fox: He just wants a [Unintelligible].
Mayor Burk: Yes, you're right, it came out. Mr. Steinberg, your light’s on, is there anything you
wanted to add?
Council Member Steinberg: Oh, no.
Mayor Burk: Nobody has anything? What was it that Mr. Cummings wanted? I forget now.
Kaj Dentler: The revenue sharing.
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Item a.
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Mayor Burk: The revenue sharing.
Council Member Fox: Yes, that's what I wanted. I want it at the top of the list.
Mayor Burk: Okay.
Vice Mayor Martinez: Before we go there, we should go to the first one. Revenue sharing the first
one [inaudible].
Mayor Burk: Okay, so there's nothing. Keep that thought. No one's adding anything additional. All
right, then in that case, Mr. Martinez is suggesting that we put plastic bag tax revenue sharing first.
Are there four people that want to have that be first?
Council Member Bagdasarian: [Inaudible].
Mayor Burk: Yes, and I'm just putting these in order.
Council Member Fox: Easing into [inaudible].
Mayor Burk: Right.
Council Member Bagdasarian: Yes.
Mayor Burk: Okay, so that one would be number one.
Vice Mayor Martinez: [Inaudible].
Mayor Burk: Number two would be Compass Creek BLA and related revenue sharing for data
centers, correct?
Council Member Bagdasarian: Yes.
Mayor Burk: Everybody okay with that? Okay, now three.
Council Member Bagdasarian: That's more of an information. Take a breath.
Mayor Burk: It won't take a lot of time.
Vice Mayor Martinez: [Inaudible]. That's probably been the driving force for some of their animosity.
Mayor Burk: That's true.
Vice Mayor Martinez: So we should not even have it on there.
Council Member Steinberg: It's over and done with now.
Mayor Burk: I think it's important that we know when and where and now and all that kind of stuff.
Council Member Steinberg: Exactly. I agree.
Mayor Burk: Now it's going to be opened. We're opening Kincaid Boulevard. When Crosstrails is
finished, let's be friends again.
Council Member Steinberg: Yes.
Mayor Burk: You want that to be three?
Council Member Steinberg: Yes.
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Item a.
Page 16| April 11, 2022
Mayor Burk: Everybody okay with three? Four, who has a suggestion on four?
Council Member Nacy: SBDC.
Council Member Bagdasarian: Yes, SBDC.
Mayor Burk: Okay, four.
Council Member Bagdasarian: That one should be easy.
Mayor Burk: Five.
Council Member Fox: [Inaudible] space needed. That's contiguous there.
Mayor Burk: Okay.
Council Member Nacy: [Inaudible].
Mayor Burk: Six, do we want to do the MOU change?
Council Member Steinberg: Yes.
Mayor Burk: Seven would be affordable housing if we are able to get to it at that point then?
Council Member Bagdasarian: Exactly, because that could be this entire meeting on its own.
Council Member Fox: Oh, yes.
Mayor Burk: It could be. It easily could be an entire meeting by itself, and that's my fear that it would
be an entire meeting by itself. Then the schedule would be eight?
Council Member Fox: Yes.
Mayor Burk: Is that okay? Everybody's okay with that?
Council Member Steinberg: Yes, that's it, isn't it?
Mayor Burk: All right. Then we're set. We'll send this out. We'll clean it up, send it out. I don't know if
they have any issues they want to talk to us about. I'm sure they do, but we'll begin that process, and
it is on the 28th. It is set for the 28th at five o'clock. Not in the boardroom but in a smaller room, the
Dulles Room, so we won't be meeting in the boardroom. All right? Okay, that being the case, it takes
us to Future Council Meetings. Does anybody have anything they want to add to the Council meeting
schedule? The only thing I have and it's only because my computer's not working, so I can't check.
Last month, did I do the Stroke Awareness proclamation?
Council Member Nacy: I think it’s in there.
Mayor Burk: Do you think it's on there?
Council Member Nacy: Yes.
Mayor Burk: Okay, but if I didn't, then do I have four people that I could put it back on?
Council Member Fox: Sure.
Mayor Burk: Okay.
Chris Spera: [Inaudible].
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Council Member Nacy: Yes.
Mayor Burk: Okay.
Kaj Dentler: Yes, it’s on here.
Mayor Burk: Is it? Okay. I can't check because my computer's not working. No one else has anything
to add mister.
Vice Mayor Martinez: I'm trying to remember the proclamation that Julie asked us to do for Gun
Awareness. I just wanted to let everybody know that I was asked to check on it and Corina, it is on
for?
Corina Alvarez: May.
Vice Mayor Martinez: Well, it’s on in May.
Corina Alvarez: The Mayor has my--
Mayor Burk: Oh, yes, I'm sorry. I got her thing.
Vice Mayor Martinez: I just wanted to let you know because I was going to ask for a proclamation,
but it's already part of our process, so I just want to let y'all know.
Mayor Burk: Okay. All right, is there a motion to adjourn?
Council Member Fox: So moved.
Mayor Burk: Second?
Council Member Steinberg: Second.
Mayor Burk: Moved by Ms. Fox, seconded by Mr. Steinberg. All in favor?
Council Members: Aye.
Mayor Burk: Opposed?
Vice Mayor Martinez: Nay.
Mayor Burk: The meeting is over.
Council Member Bagdasarian: Never oppose.
Vice Mayor Martinez: I just did. I just said nay.
Mayor Burk: Talk about something else.
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Item a.
COUNCIL MEETING April 12, 2022
1 | P a g e
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, Director of
Information Technology Jakub Jedrzejczak, Emergency Management Coordinator Joe Dame,
Land Acquisition Manager Keith Wilson, Deputy Clerk of Council Corina Alvarez.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Bagdasarian.
3. SALUTE TO THE FLAG was led by Council Member Fox.
4. ROLL CALL
a. Electronic Participation for Council Member Cummings
Council Member Cummings requested to participate electronically in the April 12,
2022, Council Meeting as he was out of town. Mayor Burk, Vice Mayor Martinez, Council
Member Bagdasarian, Council Member Nacy, Council Member Fox, and Council Member
Steinberg were physically present at the meeting.
MOTION 2022-067
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was
proposed:
To allow Council Member Cummings to electronically participate in the April 12, 2022, Town
Council Meeting.
The motion was approved by the following vote:
Aye: Bagdasarian, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Cummings abstain)
5. MINUTES
a. Work Session Minutes of March 21, 2022
MOTION 2022-068
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the minutes of
the Work Session of March 21, 2022, were moved for approval.
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Item b.
COUNCIL MEETING April 12, 2022
2 | P a g e
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 March 22, 2022
MOTION 2022-069
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the minutes
of the Regular Session of March 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
6. ADOPTING THE MEETING AGENDA
MOTION 2022-070
On a motion by Vice Mayor Martinez, seconded by Council Member Bagdasarian, the meeting
agenda was moved for approval.
Council Member Fox requested that item 13.a. - Reinstatement of Employees and
Commissioners Terminated due to COVID Policy be moved forward on the agenda prior to
voting on the Consent Agenda.
MOTION
On a motion by Council Member Fox, seconded by Council Member Nacy, the following was
proposed:
To move item 13.a. – Reinstatement of Employees and Commissioners Terminated due to COVID
Policy forward on the agenda prior to the Consent Agenda
Council Member Fox made remarks related to her motion.
The motion failed by the following vote:
Aye: Fox, Nacy
Nay: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Vote: 2-5
The original motion to adopt the meeting agenda was approved by the following vote:
Aye: Bagdasarian, Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 7-0
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Item b.
COUNCIL MEETING April 12, 2022
3 | P a g e
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. Child Abuse Prevention Month – April 2022
Mayor Burk read the Child Abuse Prevention Month proclamation and presented it
to Interim CEO of Loudoun Abused Women’s Shelter Samantha Clarke. Ms. Clarke
made a few remarks.
b. Sexual Assault Awareness Month
Mayor Burk read the Sexual Assault Awareness Month proclamation and presented
it to Interim CEO of Loudoun Abused Women’s Shelter Samantha Clarke. Ms. Clarke
made a few remarks.
c. Medical Laboratory Professionals Week
Mayor Burk read the Medical Laboratory Professionals Week proclamation and
presented it to George Washington University Director of Undergraduate Medical
Laboratory Sciences Programs Cliff Cymrot. Mr. Cymrot made a few remarks.
d. Armenian Genocide Remembrance Day
Mayor Burk read the Armenian Genocide Remembrance Day proclamation and
presented it to Ms. Pamela Toussounian. Ms. Toussounian made a few remarks.
e. Arbor Day
Mayor Burk read the Arbor Day proclamation and presented it to Tree Commission
Chair Earl Hower. Mr. Hower made a few remarks.
f. Proclamation for Stroke Awareness Month
MOTION 2022-071
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was proposed:
I move that the Proclamation for Stroke Awareness Month be presented at the April 26, 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
g. Thomas Balch Library Centennial Proclamation
MOTION 2022-072
On a motion by Council Member Cummings, seconded by Council Member Fox, the following
was proposed:
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Item b.
COUNCIL MEETING April 12, 2022
4 | P a g e
I move that the Proclamation for the Thomas Balch Library Centennial be presented at the April
26, 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
h. Independent Bookstore Proclamation
MOTION 2022-073
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was proposed:
I move that the Proclamation for the Independent Bookstore be presented at the April 26, 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. Loudoun Abused Women’s Shelter
Interim Chief Executive Officer Samantha Clarke delivered a presentation on the
Loudoun Abused Women’s Shelter (LAWS) and Domestic Violence and Sexual Assault
Services. Ms. Clarke and Council discussed the services offered.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioner's Section was opened at 7:48 p.m.
Vanessa Jones. Spoke to Council to request consideration of changes to Town Code 28-32
related to trash and recycling receptacle locations. Ms. Jones also asked Council for additional
information regarding ownership, liability and what is allowed to be planted in the grass utility
strips between the sidewalk and the roadway.
Michael Rivera. Spoke to Council in opposition of the vaccine mandate and requested a
public apology from Council for its actions.
Joe Mobley. Spoke to Council in opposition of the vaccine mandate.
The Petitioner's Section was closed at 8:01 p.m.
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Item b.
COUNCIL MEETING April 12, 2022
5 | P a g e
12. APPROVAL OF THE CONSENT AGENDA
MOTION 2022-074
On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following Consent
Agenda was proposed:
a. Northern Virginia Electric Cooperative (NOVEC) Easement and Right-of-Way Agreement –
Airport North Hangar Project
RESOLUTION 2022-039
Authorizing the Conveyance of an Easement to Northern Virginia Electric Cooperative for
Electric Service on Town Property to the North Hangar Project Site
b. Annual Landscape Maintenance Services Contract Award
RESOLUTION 2022-040
Awarding the Annual Landscape Maintenance Services Contract to The Davey Tree Expert
Company of Chantilly, Virginia in the Amount of $68,468.20
c. Initiating an Amendment to the Zoning Ordinance Relating to Fiscal Impact Analysis
Submission Requirements
RESOLUTION 2022-041
Initiating an Amendment to the Zoning Ordinance Relating to Fiscal Impact Analysis
Submission Requirements
d. Appointment to the Parks & Recreation Commission
RESOLUTION 2022-042
Appointing Natalie Carroll to the Parks & Recreation Commission
e. Appointment to the Airport Commission
RESOLUTION 2022-043
Appointing JC Silvey to the Airport Commission
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
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Item b.
COUNCIL MEETING April 12, 2022
6 | P a g e
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Reinstatement of Employees and Commissioners Terminated Due to COVID
Policy
MOTION
On a motion by Council Member Fox, seconded by Council Member Nacy, the
following was proposed:
I move to direct the Town Manager to reinstate all employees and commissioners who
were officially terminated on January 25, 2022, due to noncompliance with Resolution
No. 2021-154 that established the Town’s official COVID-19 policy.
Council discussed the motion.
The motion failed by the following vote:
Aye: Fox, Nacy
Nay: Bagdasarian, Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Vote: 2-5
b. Discussion Topics for Joint Meeting with Loudoun County Board of
Supervisors
MOTION 2022-075
On a motion by Council Member Steinberg, seconded by Council Member Nacy, the following
was proposed:
RESOLUTION 2022-044
Discussion Topics for Joint Meeting on April 28, 2022 with Loudoun County Board of
Supervisors
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
c. Appointment to the Residential Traffic Commission
MOTION 2022-076
On a motion by Mayor Burk, seconded by Vice Mayor Martinez, the following was proposed:
RESOLUTION 2022-045
Appointing Ray Delpesche to the Residential Traffic Commission
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Item b.
COUNCIL MEETING April 12, 2022
7 | P a g e
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
d. Appointment to the Thomas Balch Library Commission
Mayor Burk and Council Member Fox each put forward a nominee for the
Thomas Balch Library Commission. Mayor Burk nominated Ms. Elizabeth Scheib
and Council Member Fox nominated Dr. Paul Coyer. Council Member Nacy noted
she anticipates a vacancy for her appointee on the Commission and suggested that
Dr. Coyer could fill the vacancy when it occurs.
MOTION 2022-077
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the following was
proposed:
RESOLUTION 2022-046
Appointing Elizabeth Scheib to the Thomas Balch Library Commission
and
RESOLUTION 2022-047
Appointing Paul Coyer to the Thomas Balch Library Commission when Council Member
Nacy’s vacancy occurs
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 approved both appointments with Ms. Scheib filling the current
vacancy and Dr. Coyer filling Ms. Nacy’s vacancy when it occurs. The appointment
of Dr. Coyer will be ratified at a future Council Meeting at the direction of the Town
Attorney.
14. PUBLIC HEARINGS
a. None.
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
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Item b.
COUNCIL MEETING April 12, 2022
8 | P a g e
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Nacy said she was approached by the Great Beginnings Preschool
regarding traffic on Wirt Street during school hours. She noted there was a previous traffic
study conducted in summer but because of the timing of the study, it did not address issues
during the school year. Ms. Nacy asked for an information memo regarding traffic issues
on Wirt Street at drop off/pick up times for the preschool.
It was the consensus of Council to have staff provide an information memo on the subject.
Council Member Nacy reported on her first meeting of the Bull Virginia Alcohol
and Safety Program.
Council Member Bagdasarian noted he was a judge for the recent Loudoun Youth
Battle of the Bands held at the Tally Ho Theater and how amazed he was with the local
talent. Mr. Bagdasarian added that he was a judge in the Loudoun Youth Step-Up
Program and how impressed he was with the future entrepreneurs of Loudoun County.
Council Member Fox asked for a Work Session item to discuss the trash and
recycling receptacle issue brought up by Ms. Vanessa Jones during the Petitioners
comments.
It was the consensus of Council to add this to a future Work Session agenda.
Council Member Steinberg asked for work session item to discuss the grass utility
strip issue brought up by Ms. Vanessa Jones during the Petitioners comments.
It was the consensus of Council to add this to a future Work Session agenda.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk thanked Evergreen Mills Elementary School for inviting her to participate in
Career Day. Mayor Burk welcomed a Daisy Scout Troop to Town Hall where they learned about
what it means to be the Mayor and a member of the Town Council. Mayor Burk attended the
farewell retirement for former Planning & Zoning Director Susan Berry Hill at the end of March
and wished her well in her retirement. Mayor Burk attended the dedication ceremony for the
murals in the alley and thanked artist Kim Kim for her beautiful artwork and to the Commission
on Public Art and Friends of Public Art for making it happen. Mayor Burk welcomed Catty Cats
to Leesburg. Mayor Burk noted that Mr. Raymond James hosted an impressive art exhibit by
artist Dan Severs. She thanked the Friends of Leesburg Public Art for making it happen. Mayor
Burk thanked everyone who came out to the Keep Leesburg Beautiful trash pickup. Mayor Burk
presented the proclamation to the ice dancing team of Ms. Caroline Green and Mr. Michael
Parsons. Mayor Burk attended the CJ3 Foundation fundraiser at Loudoun Kitchen and Bar to
raise money for service dogs for veterans and thanked Mr. Eric Thomas for organizing the event.
Mayor Burk participated in a ribbon-cutting for My Wellness Physician which is a weight loss and
nutrition practice in the Village at Leesburg. Mayor Burk noted she had her monthly meeting
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Item b.
COUNCIL MEETING April 12, 2022
9 | P a g e
with Supervisor Umstattd and they discussed some of the topics the Council and Board will talk
about when they meet as a whole. Mayor Burk congratulated the Parks and Recreation team for a
successful Easter Egg Hunt. Mayor Burk encouraged everyone to visit the Town Green to see the
pinwheel display representing Child Abuse Prevention Month.
19. TOWN MANAGER COMMENTS
a. None.
20. CLOSED SESSION
a. Cybersecurity
MOTION 2022-078
On a motion by Mayor Burk, seconded by Council Member Bagdasarian, the following was
proposed:
I move pursuant to §§ 2.2-3705.2(14)(b) and 2.2-3711(A)(19) of the Code of Virginia that the
Leesburg Town Council convene in a closed meeting for the purpose of receiving information from
staff regarding cybersecurity where discussion in an open meeting would jeopardize the safety of
the Town’s information technology system and/or software programs.
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 8:19 p.m.
Council convened in an open session at 8:57 p.m.
MOTION 2022-079
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, Vice Mayor Martinez – aye, Bagdasarian – aye, Cummings – aye,
Nacy – aye, Mayor Burk – aye. Vote 7-0
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Item b.
COUNCIL MEETING April 12, 2022
10 | P a g e
21. ADJOURNMENT
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the meeting was
adjourned at 8:58 p.m.
__________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
_______________________
Clerk of Council
2022_tcmin0412
33
Item b.
Page 1 | April 12, 2022
April 12, 2022 – Town Council Meeting
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate. For greater accuracy, we encourage you to review the video of the
meeting that is on the Town’s Web site – www.leesburgva.gov or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: I would like to call to order tonight's April 12th, 2022 meeting of the Leesburg Town
Council. If anyone in the room needs hearing assistance, please see the Clerk. Council Member
Bagdasarian will be giving the Invocation followed by the Pledge of Allegiance by Council Member Fox.
Council Member Bagdasarian.
Council Member Ara Bagdasarian: Heavenly Father, we are thankful together this evening to discuss
matters of importance to our community. We ask for clarity in our judgment and decision-making. We
ask for civility and empathy in our deliberation. We ask for strength for those suffering domestically and
abroad, especially those under attack in Ukraine. We reflect on the remembrance of 32 innocent
students, faculty, and staff taken by violence at Virginia Tech campus on April 16th, 2007, 15 years ago.
Finally, we reflect on the remembrance of the genocide of over a million Armenian people 100 years
ago. They're facing genocide today in Ukraine. Let us work together to constructively build a better
world for our children. We ask all this in your name, amen.
Mayor Burk: [inaudible] Now, I have a note in front of me that says, "Please remind Council Members
to speak into the mic so that Council Member Cummings can hear them." You all have been advised.
Council Member Bagdasarian: Did he request that?
Mayor Burk: Yes. All right, we do have a request to allow participation for Council Member Cummings
in tonight's meeting. Do I have a motion? So moved by Vice Mayor Martinez, seconded by Council
Member Fox. All in favor indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? That passes 6-0-1. Mr. Cummings, you are now part of the meeting.
Council Member Zach Cummings: Thank you.
Mayor Burk: I need a motion to accept the work session minutes of March 21st, 2022.
Council Member Suzanne Fox: Madam Mayor, I'd like to make a change to the agenda as it stands
and move item 13(A) to--
Mayor Burk: We're not at the agenda yet. We're doing minutes.
Vice Mayor Fernando “Marty” Martinez: So moved.
Mayor Burk: Okay, work session minutes on the 21st, moved by Vice Mayor Martinez, seconded by
Council Member Steinberg. All in favor?
Council Members: Aye.
Mayor Burk: Opposed?
Council Members: Aye.
Mayor Burk: That passes seven-zero. Regular session minutes of March 22nd, moved by Mr. Martinez,
second by Council Member Bagdasarian. All in favor?
34
Item b.
Page 2 | April 12, 2022
Council Members: Aye.
Mayor Burk: Pass seven-zero. All right, adoption of the meeting agenda. Can I have a motion first and
then we'll change whatever needs to be changed. Vice Mayor Martinez? Ms. Fox, you had something
you wanted moved?
Council Member Fox: Please, I'd like to go ahead and move 13A resolutions. I'd like to move it up,
please, to after the petitioner section. That's it.
Mayor Burk: You're moving it up before a consent agenda. All right, Mr. Spera, refresh my memory on
this one. Is that something we vote on? Yes? We haven't done this in a while. [laughs]
Christopher Spera: Your agenda order is set forth in your rules of procedure at Section 5. You would
have to vote on that to move it and take it out of the order set forth in the rules.
Mayor Burk: All right, Ms. Fox. I'm assuming you're going to make that as a motion, seconded by Ms.
Nacy. Any comments? All in favor of moving 13A to before the consent agenda indicate-- Yes?
Council Member Fox: I'm so sorry. I missed that. I moved it because I felt it was important and so to
that end, I would like to go ahead and speak to it. As you all know, I've advocated and am advocating
tonight for the reinstatement of the employees and commissioners who were fired or released because
of our mandatory vaccination policy. My position is that this offer should be made regardless of whether
or not any former employer or commissioner really does desire their position back.
My position does remain that our vaccination policy was an egregious overreach and possibly
unconstitutional. Accordingly, I believe that the terminations and forced resignations that resulted from
the policy were legally problematic. We can acknowledge and address these problematic terminations
by the reinstatement of those terminated to the same or equivalent positions. It's mind-boggling to me
that after eight weeks, a mere eight weeks after terminating the law enforcement officers,
commissioners, other employees, that we lifted the mandate. Just eight weeks.
We lost many excellent public servants so we could have a two-month period where we can enjoy the
safety of a 100% vaccinated workforce. Lives were uprooted, livelihoods were lost for what amounts to
partisan virtue signaling and about how important we think vaccinations are. I keep hearing about the
fact that we just followed the data. I believe that is nonsense. We looked at a single metric, which is
transmission rates, and claimed that it was all the data that we needed to make our decision, never
mind the absence of any evidence showing that forced vaccination policy was an appropriate remedy
for a rise in COVID transmission rates.
Never mind the mountains of evidence submitted to this Council by me and by numerous petitioners,
proving that high vaccination rates do not impact transmission rates. Never mind that we could have
taken a more moderate approach to everything as well. The issue of vaccination has been for various
reasons highly politicized. If I were cynical, I might suggest that this policy was simply a method of
striking a blow against a political ideology with the unvaccinated standing as a convenient surrogate for
the political right, and others who prioritize their individual Liberty.
However, it's probably more likely that this is just a case of failure for us to do our due diligence following
what is perceived as marching orders from Washington, relying on incomplete data and ignoring the
legal implications and other consequences. I'm sure some here believe that this was really about safety
despite the evidence to the contrary. This is the chance to prove that it is about safety rather than a
punitive measure against those who insisted on keeping their employer out of their personal medical
decisions. I ask that we reinstate the employees and the commissioners. Thank you.
Mayor Burk: Now, Ms. Fox, I do have to ask you spoke to the resolution. You did not speak to moving
the resolution.
Council Member Fox: I moved it up because I believe this was important. Thank you.
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Item b.
Page 3 | April 12, 2022
Mayor Burk: I just wanted to make sure that you were getting what you wanted. All right, is there
anyone else at this point? All in favor of moving resolution 13A to after petitioners indicate by saying I
aye. Opposed? Ayes were Ms. Fox, Ms. Nacy. Nays were Mr. Steinberg, Mr. Martinez, Mr. Bagdasarian,
Ms. Burk. Mr. Cummings?
Council Member Cummings: No.
Mayor Burk: And Mr. Cummings. All right, that stays where it is. Excuse me. We have a motion by Mr.
Martinez to accept the meeting agenda. Is there anything else anybody else wants moved? All right, do
I have a second?
Council Member Bagdasarian: I'll second.
Mayor Burk: Council Member Bagdasarian second. All in favor, indicate by saying aye.
Council Members: Aye.
Mayor Burk: Opposed? That passes seven-zero. We have, a couple of proclamations tonight. Excuse
me, I'm losing my voice. Sorry. We have a proclamation, for a couple of different items tonight, and I
am going to read them up here so they go into the record, and then I will come down and present them
to the individuals. The first one is the proclamation for Child Abuse Prevention Month, April 2022.
Whereas child abuse and neglect are serious problems affecting every segment of our community and
finding solutions requires input and action from everyone.
Whereas, our children are the most valuable resources and will shape the future of our country,
including the town of Leesburg. Whereas child abuse can have long-term psychological, emotional, and
physical effects that have long-lasting consequences for victims of abuse. Whereas protective factors
are conditions that reduce and eliminate risk and promote social, emotional, and development well-
being of children, and whereas effective child abuse prevention activities succeed because of the
partnership created between the child welfare, professional education, health, and community, and
faith-based organizations, businesses, law enforcement agencies, and families.
Whereas, communities must make every effort to promote programs and activities that create strong
and thriving children and families. Whereas we acknowledge that we must work together as a
community to increase the awareness about child abuse and contribute to promote the social and
emotional well-being of children and families in a safe, stable, and nurturing environment. Whereas
prevention remains the best defense for our children and family, therefore proclaimed that the Mayor
and the Council of the town of Leesburg in Virginia recognizes April 2022 as National Child Abuse
Prevention Month in Leesburg, Virginia, and urges all citizens to recognize this month by dedicating
ourselves to the task of improving the quality of life for all children and families.
Then we have another proclamation for Sexual Assault Awareness Month. This says whereas April is
Sexual Assault Awareness Month and calls attention to the fact that sexual violence is widespread, and
impacts every person in the town of Leesburg, and whereas everyday children, youth, and adult
survivors in the town of Leesburg are impacted by the trauma of sexual violence, and whereas the
crimes of sexual violence occur far too frequently, go unreported, and underreported far too often and
leave long-lasting impacts.
Whereas, during National Sexual Assault Awareness Month, we recommit ourselves to removing the
stigma and the shame surrounding sexual violence and expanding support for victims and survivors of
sexual violence and strengthening our response. Whereas sexual violence affects individuals of all
ages, races, ethnicities, gender, identity, sexual orientation, and circumstances, and whereas the
Leesburg community shares a responsibility for raising awareness about sexual violence, protecting
each other from sexual violence, supporting victims when it does occur, and bringing perpetrators to
justice.
Whereas at every level, we must work together to provide the necessary resources in our community
to assault survivors of every circumstance, including medical and mental health services, relocation and
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housing assistance, and community and court advocacy during the criminal justice process. Whereas
the Town of Leesburg can come together to increase awareness about sexual violence, decrease its
frequency and hold offenders accountable, support victims, and heal lives. Therefore, proclaimed that
the Mayor and the Council of the Town of Leesburg, Virginia do proclaim the month of April 2022 as
Sexual Assault Awareness Month.
Now is the time to take action as leaders in our community to create safety for all Leesburg citizens,
including our youth and our educational institutions. We must work together to inform members of our
community about sexual violence prevention, support survivors, and speak out against harmful attitudes
and actions. We join advocates and communities across Loudoun County, and the Commonwealth of
Virginia in the country to play an active role to prevent sexual violence. Proclaimed this day. We also
have a recognition of Medical Laboratory Professional Week.
Whereas Medical Laboratory Professional Week is an annual celebration of medical laboratory
professionals and pathologists who play a vital role in the healthcare and patient advocacy, and
whereas the health of all Americans depends on educated minds and trained hands. Whereas the
practice of modern medicine has the exacting standards we now enjoy would be impossible without the
scientific tests performed daily in the medical laboratories, and whereas maintenance of these
standards and progress towards improvement in the quality of laboratory services depends on the
dedicated efforts of professional clinical laboratory scientist practitioners.
Whereas throughout this dedication, the medical laboratories of the United States have made vital
contributions to the quality of health. Therefore, proclaim that the Mayor and the Council of the town of
Leesburg, Virginia recognize the week of April 24th to the 30th, 2022 as Medical Laboratory Professionals
Week. We urge all citizens to recognize and support the vital services provided by our laboratory
practitioners for the benefit of all citizens. We also have a proclamation for Arbor Day. Whereas in 1872,
J Sterling Morton proposed to the Nebraska Board of Agriculture that a special day should be set aside
for the planting of trees.
Whereas this special day called Arbor Day was first observed with the planting of more than a million
trees in Nebraska, and whereas trees provide many benefits to our community, such as reducing the
erosion of topsoil, moderating temperatures, reducing heating and cooling costs, cleaning the air and
water, providing oxygen, and providing a habitat for wildlife. Whereas planting trees and maintaining
mature trees in our town increases property values, enhances our economic vitality of local businesses
and beautifies our communities.
Whereas the Town of Leesburg has been recognized by the National Arbor Day Foundation as a Tree
City USA since 1989 and desires to continue its tree planting and maintenance way, therefore
proclaimed that the Mayor and the Council of the Town of Leesburg, Virginia, that April 29th is the official
Arbor Day of the Town of Leesburg for the calendar year 2022. Then our last one is Armenian Genocide
Remembrance Day. Whereas on April 24th of each year, we remember the lives of all those who died
in the Ottoman Era Armenian Genocide.
Whereas beginning on April 24th, 1915 with the arrest of the Armenian intellectuals and community
leaders in Constantinople by the Ottoman authorities, 1.5 million Armenians were deported, massacred,
and marched to their death in a campaign of extermination. Whereas of those who survived, most were
forced to find new homes and new lives around the world, including our nation. With strength and
resilience, the Armenian people rebuilt their communities. Whereas over the decades, the Armenian
immigrants have enriched our communities in countless ways.
We honor their stories and we'll never forget the tragic history that brought so many of their ancestors
to the United States. Whereas the Leesburg Town Council recognizes Pamela Tossounian to receive
the Armenian Genocide Remembrance Day proclamation, therefore proclaimed that the Mayor and the
Council of Leesburg, the Town of Leesburg and Virginia recognize April 24th, 2022 as Armenian
Genocide Remembrance Day and honor all those Armenians who perished in the genocide that began
107 years ago. All right, I'm going to go down and present these.
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Okay. Hello, let's start with the first proclamation. Pamela, would you come forward? We are very
grateful that you're here to accept this today. Would you have any words that you would like to say
about your history and your ancestry and all about what this proclamation is about?
Pamela Tossounian: Thank you. I'm a little emotional. Please, forgive me. I'd like to thank Ara and the
Leesburg Town Council. My whole life, I've heard these stories because my great-grandmother was a
survivor of the Armenian Genocide. She was a very tiny, good-hearted person. She never spoke about
what happened to her, but I understand from family that she went through the most difficult situations.
I always thought to myself, even as a kid, and that's why my daughter's here today, I wanted her to be
here, we are miracles. We are all miracles. We are born, but we're miracles because we're here now
because she survived.
I always said there were so many people that didn't survive, but I'm here and I want to make a difference.
I said to her, in her spirit, I said, "I will never let your life go in vain. None of the ancestors that got killed,
none of the Armenians." In 2018, I was actually your Mrs. Loudoun for the Miss United States pageant,
and my platform was genocide awareness. That's how I met Ara. It wasn't by mistake.
I also met a gentleman by the name of Norman Duncan. Norman was my publicist. He was 100 years
old. He made sure that I met a fellow Armenian, which was Ara. I'm standing here now because of these
sequences. Never not believe in what your passion is and your calling because I'm here today for that
reason, and I want to thank you all for listening to my story.
Mayor Burk: Thank you. Thank you very much for sharing it. We really do appreciate it. Would you
guys like to have a picture with Mr. Bagdasarian? Would you come down? [laughs] Who's going to take
the picture? [laughs] They would take it. [laughs]
Council Member Bagdasarian: [inaudible] spring break.
Mayor Burk: That's right.
Pamela Tossounian: Yes.
Mayor Burk: Thank you. [inaudible]
[laughter]
Mayor Burk: Thank you. All right, thank you very much. Appreciate you coming. Arbor Day.
[applause]
Well, this is something that we struggle with all the time. Earl is on the Tree Commission, and we're
very grateful for all the efforts that the tree commission puts forward. It seems like we take two steps
forward in getting these trees planted, and then a developer comes and they're all gone. We do really
appreciate the fact that you keep us aware, that you work really hard to make sure that we're replacing
trees that are being torn down. You've done this a very long time. How long have you been on the Tree
Commission?
Earl Hower: [unintelligible] 1995.
Mayor Burk: There you go. Wow. Well, thank you. We truly appreciate it. Would you like to say a few
words?
Earl Hower: Briefly, if I may. Again, thank you again on behalf of the Tree Commission and the citizens
of Leesburg. Trees are indeed one of the most valuable natural resources as they're both beautiful and
bountiful. Trees play a very important role in our community, and preserving natural tree canopy in
Leesburg. With proper tree plantings in the urban landscapes benefits all. I'll remind everybody stop by
our booth at the Flower and Garden Festival. We're handing out seedlings again this year. We have
Sweet Gum and Chickasaw Plum so you get your choice. Thank you, Mayor.
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Mayor Burk: Great. Wonderful. Thank you. Thank you very much.
[applause]
The next one is Cliff Cymrot.
Cliff Cymrot: Cymrot.
Mayor Burk: Oh, is it? [laughs] I wasn't even close. Please come forward. I really appreciate the fact
that you are here from George Washington University, my alma mater. We're very excited that you're
here today. Would you like to explain how important this particular aspect of your job is? I have a
neighbor who started working at the lab at INOVA in the 1960s. The story she tells about what they did
and how they did it, and why they didn't all get disease and die, I don't know. Our standards most
certainly have improved. Would you mind sharing just a few words about this?
Cliff Cymrot: I just want to thank you, Mayor Burk and Council Members. In 1960s labs, where they
were allowed to smoke and eat sandwiches and drink in the lab. I'm glad we have new standards now.
[chuckles] It is important, I think, to provide awareness for the role that clinical laboratory scientists have
in society, especially during the pandemic. Whenever someone gets tested for COVID, a clinical
laboratory scientist is the one that's analyzing the tests.
When you go to hospitals or clinics, and you have a blood or body fluids or tissues, clinical laboratory
scientists are the ones that analyze your specimen. It's nice that we have this so everyone can hear
and recognize and see what we do because clinical laboratory scientists are really behind the scenes.
We like to come out every now and then and peek our head out so people could see us. Thank you.
Mayor Burk: Thank you. Thank you very much for coming and thank you for making us aware of this.
It was important, and we appreciate it.
Cliff Cymrot: [inaudible]
Mayor Burk: Sure. Thank you. Thank you.
[applause]
Mayor Burk: The next two, the first one is the Sexual Assault Awareness. Samantha, you're coming
forward for both of these. Mr. Martinez, would you like to come down and join us? If you have the
opportunity and you haven't seen on the Town green there are just, what is it, 150 pinwheels, pretty
little blue pinwheels, and Samantha will explain why they're there. It's really important what these ladies
and gentlemen do on a regular basis because they deal with some of the situations that many of us
aren't even aware of. Samantha, would you mind sharing what you do and how important it is?
Samantha Clarke: Yes, of course. Thank you so much for this opportunity. LAWS is here tonight, and
are very grateful for the presentation of these two proclamations. One is on Child Abuse Prevention
Month and the other one is on Sexual Assault Awareness Month. For both of those LAWS is the
designated provider of sexual assault services in Loudoun County.
Mayor Burk: Can you explain what LAWS is?
Samantha Clarke: Absolutely, yes. LAWS is Loudoun Domestic Violence and Sexual Assault Services.
We are the comprehensive and designated provider of domestic violence and sexual assault services
for the entire County, including Leesburg. Under that umbrella, we cover many services. You may
commonly know us as Loudoun Abused Women's Shelter, but we're a lot more than a shelter. We
provide those services. Everything from our 24/7 hotline to court advocacy and accompaniment,
hospital accompaniment, obviously our shelter. We help victims with therapy following an assault or an
experience with domestic violence.
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We have our Loudoun Child Advocacy Center, which is where child victims of abuse or sexual abuse
will go to get a child-centered forensic interview to ensure that we're promoting best practices around
not re-harming that child after abuse has occurred. We provide a lot of those services. It's critical that
the community is not only aware that these harms are occurring in our community every day, but that
there are resources available to support and provide services to all victims, whether they are children,
youth, or adults. Then everyone is welcome through those doors and can get help if they need it.
Anything else, Mayor Burk?
Mayor Burk: [inaudible]
Samantha Clarke: Yes, sir.
Vice Mayor Martinez: How do you get your funding?
Samantha Clarke: How do we get our funding? Interesting question. LAWS as a designated provider,
we get funding from multiple services. We get funding through the State of Virginia or the
Commonwealth. We also get funding through local dollars here in Loudoun County, as well as the
services and resources through local foundations, as well as the kindness and generosity of our
community. We're very grateful to have multiple sources of funding, and we rely on all of them to
continue to provide services here in Leesburg and Loudoun County. Thank you.
Mayor Burk: I can say, as a teacher for 34 years, who had to use your services, I know how important
you are and what you do, so I want to thank you very much for everything you do, every single day you
make a difference. Thank you. Here. There you go. Thank you, all. [laughs]
[applause]
Mayor Burk: Okay, now we have the approval of the-- No, we don't. I'm ahead of myself. We have
now, after all our proclamations, our petitioner section.
Council Member Kari Nacy: You didn’t do the Stroke Awareness.
Chris Spera: Yes, Madam Mayor, you had several motions on future proclamations.
Mayor Burk: Oh, you're right, on the second page. Thank you both very much. I do need a motion to
approve the proclamation for Stroke Awareness Month. I'll move it. Is there a second?
Vice Mayor Martinez: So moved.
Mayor Burk: Vice Mayor Martinez. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed?
Mayor Burk: That passes seven-zero. Motion to approve proclamation for the Thomas Balch Library.
Does Mr. Cummings want to move that one?
Council Member Cummings: So moved.
Mayor Burk: Mr. Cummings and seconded by Ms. Fox. All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes seven-zero. The motion to approve proclamation for the
Independent Bookstore. I will move that, seconded by Vice Mayor Martinez. All in favor?
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Members: Aye.
Mayor Burk: Opposed? That passes seven-zero. Thank you. Now we have a presentation from the
Loudoun Abused Women's Shelter.
It's been so long.
Samantha Clarke: For having LAWS here, not only for our proclamations, but for taking the time to
learn a little bit more about us. My presentation will be brief and, hopefully, will give you a little bit more
information about who we are and what it is that we do in the community. For those of you who may not
be aware, our mission for LAWS is that we hope to provide victims of domestic violence, sexual assault,
dating violence, and stalking, as well as child abuse, which I've spoken about, with safety, hope, and
empowerment, to live lives free of violence. The reason why that's critical is because when we approach
the services that we provide, the first thing that we're going to focus on is safety.
We want to make sure anyone coming in our doors knows that they are safe. Then after that it's about
rebuilding lives. To do that, we have to give people hope, and then following that we have to determine
or help them to determine what it is they need to have safe and sustainable lives following abuse. That's
how we approach almost everything that we do at LAWS. Then ultimately our vision, that's why we call
on communities and leaders like yourselves. Our vision is to make sure that we're building in
communities that are free of domestic violence, sexual assault, dating violence, stalking, and child
abuse. That's a big lift, and it's not something that an organization like LAWS can do alone.
We have to call in community partners, we have to call in decision-makers and leaders, and our funders,
not only here in Leesburg but in Loudoun County, and across the Commonwealth. That's something
that we try to do in critical conversations every day. One of the things that we're continuing to navigate
as LAWS is to help our community recognize that we're so much more than a shelter. Our name, as
many of you may be aware, has historically been Loudoun Abuse Women's Shelter, which is where you
hear about LAWS.
I call you in to learn that we are LAWS Domestic Violence and Sexual Assault Services. We provide so
much more than shelter to our community. Many survivors and victims that we serve, require so much
more from us than just shelter. It's important that we help our community to understand that. I'm going
to talk to you a little bit about what those services are. I always like to start with prevention. We want to
help our community know that we can prevent violence. One of the ways that we do that is we work
very closely with our school partners. We're in our middle schools and high schools, having
conversations about healthy relationships, and about consent, and talking about how we can prevent
violence from occurring.
Everything from bullying, to understanding what violence is and how it looks in relationships, that kind
of toxic love that maybe young people think is fun and exciting really isn't but how do we know the
difference? We have those conversations with our educators and our young people. We do provide the
county's imminent danger domestic violence shelter. That is where people in our community, no matter
who you are, no matter how you identify, men, women, children, go when they are not safe. That is
where they flee to. What's important for you guys here this evening to hear is that we in Loudoun County,
as the only provider of the domestic violence shelter, we have outgrown our shelter.
We have seen a 203% increase in the demand for shelter. We can no longer house people in our shelter
alone. We are it, and it's important that our community knows that. We're currently providing shelter to
people in alternative safe housing in our community. We are able to meet the need, but our communal
shelter, what people think of as a shelter, we have outgrown that. We do provide the crisis hotline.
Anyone can call that number when they need help, information, resources, or just support. Advocacy
services. Our advocates, some of which are here with us this evening, are there to provide information,
psychoeducation, support, resources.
We can provide transportation. We can provide resources to get your locks changed on your house.
We will provide accompaniment to court. We provide accompaniment to hospitals after sexual assault
and domestic violence for help with forensic exams. We provide services to adults, youth, and children
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for therapy. Not everybody needs shelter, but they need other types of support. We provide trauma
therapy. We provide legal services. We provide those support for protective order legal hearings, as
well as other family law matters.
One of the things I want you to hear is that because of how we're funded and the protections that victims
have, all of our services are free and confidential. No survivor ever pays for anything, for any of the
services that they receive at LAWS. We provide bilingual services. It's important that victims know that
they can come to us as who they are and be their authentic selves when they come to us. If we don't
have staff that speak their language, we're going to make sure that we have resources available to us
that can help us communicate with them with as minimum amount of barriers as possible. We've talked
about court and hospital accompaniment, as well as basic needs.
There are going to be survivors who flee with nothing. We provide what they need. That's food, clothing,
transportation, back-to-school supplies, everything that is needed for survivors to regain their autonomy
and stability. Also in the community, many of you might be aware that we operate and oversee the
Resourceful Woman Thrift Shop. That's integrated into our community. It's such a wonderful, wonderful
place to go. Also, it is a place where survivors can go to get their needs met; clothing for a job interview,
clothing for their children for back to school, rebuilding their lives because they have nothing.
Whether that's clothing or basic goods, our Resourceful Woman Thrift Shop is a space where they can
feel just like anybody else going into their community to get what they need. We've already spoken a
little bit about the Loudoun Child Advocacy Center, but that is a child-centered space where after trauma
children can be heard and believed about the trauma they've experienced. Then lastly, much like
tonight, we do community education and outreach. We are here to help our community understand not
only the need of what's happening with victims in our community, but how to help, and what's needed
from each of you. Data is always helpful to understand the extent of a problem.
I believe all of you have received this presentation in advance, so I won't necessarily go over it point by
point. What I think is important to see is that across all of these data points, you will see that we have
served over 1,000 people in any given year. That number is pretty consistent. That doesn't include the
number of bed nights. That's how long people stay in our shelter, so how many people times how many
nights. That's a lot of nights in shelter. Our shelter stays pretty full.
The number of people who receive victim services specifically, or the number of sexual assault victims
that we see, one of the things that I think is important to draw home is that this only reflects the victims
that come forward to talk to us and reach out for help. Being a victim of domestic violence, being a
victim of sexual assault, having the courage to talk to a trusted adult about being a victim of child abuse
is not easy. This only reflects those individuals who come to us for help. This does not reflect the
magnitude of need in our community. In Leesburg alone, in the last six months there's been 80 domestic
violence related calls to Leesburg Police.
There's been just over 20 sexual violence calls. In the last week alone, we've had three high danger
calls. That means the risk to life is substantial. We call them LAP calls. If you hear from anyone in the
community talk about a LAP, it's a lethality assessment protocol. It's an evidence based nationally
supported program that we engage in to understand the level of risk to people's lives, who are
experiencing domestic violence. Just thinking about COVID as we emerge from this pandemic, we've
seen a marked increase in the number of individuals needing shelter. It's 203% increase in emergency
bed nights, which I referenced below, or in the previous slide.
The other thing that we're seeing is in our community, most people and individuals who leave shelter
don't feel like they have a safe place to go. There's unique dynamics related to domestic violence that
we have to navigate but one of the things that survivors tell us is our community does not have the
resources to support them. Only 33% exit shelter feeling like they have a safe and stable place to go.
We as decision makers and elected officials have to take that into consideration. We're also seeing an
increase in the level of lethality and danger the victims are experiencing.
We had 114 high danger LAPs which I spoke about specifically in Leesburg but just in the County in
general in the first six months of this fiscal year. That's a marked increase. Violence is happening more
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frequently and it's getting worse, and we have to be aware of that. As I wrap up, it's very easy for me to
come to you and say I need $100,000, but it's really hard to quantify the need.
I think for you as elected officials one of the things that's really important is to recognize that local
resources and services must be understood and supported by local leaders, and that's each and every
one of you. For what that means to me is that it's recognizing what the issue is and being aware of it
enough to ask questions, be informed, hold us accountable, and then know what questions to ask so
that we can move the issue forward.
Mayor Burk: Thank you. Thank you very much for a very interesting and very important presentation
tonight. Are there any questions anybody has at this point? Yes, Mr. Steinberg.
Council Member Neil Steinberg: I want to thank you for your presentation. I wonder we can get a
copy of your slide pack of the presentation.
Mayor Burk: We have it.
Council Member Steinberg: Do we have it? Okay, right, thank you.
Samantha Clarke: If you have any other questions let me know.
Mayor Burk: Mr. Martinez.
Vice Mayor Martinez: Just a couple of comments. You said 33% of the people who leave out of- so
let's just say 33 women who leave your shelter out of 100, have a safe place to go which means 67
don't. Is there anything out there for them?
Samantha Clarke: To answer that question, what I will say is when survivors exit shelter after fleeing
imminent danger, where they exit to is up to the survivor. It's always about survivor's decision. What we
are hearing from survivors is that the resources available in the community are not there that allow them
to access. The housing is either not affordable, the eligibility requirements are restrictive to a point that
don't recognize the barriers oftentimes faced by survivors, their income could been that of the abuser,
any number of factors. Yes, what they are communicating to us is that the resources in the community
are not available to them to be safely and securely housed following abuse.
Vice Mayor Martinez: I think one of the reasons I am glad we have this presentation today, we need
to make our community more aware. I would venture to say we all know someone who is at risk and we
have to step up and help them. I know in a couple of cases, I have always said, "I'm here ready to help.
You got friends. You got people who can help you." Our community, we should advocate for that. We
should advocate for this because unfortunately, it's not a pretty aspect of our Town. It's distressing, and
we need to do more and get involved. Thank you.
Samantha Clarke: Thank you.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Yes, thank you very much. Appreciate the presentation.
Samantha Clarke: Thank you.
Council Member Bagdasarian: The work you're doing is incredible. I may have missed this. What is
the typical duration of the stay in the actual shelter?
Samantha Clarke: It can vary. We try to set a timeframe that encourages the survivor to access safety
but not also become dependent on shelter because that also just perpetuates the cycle of maybe power
and control independence. On average, it's going to be about 30 days, but we've had some survivors
enter shelter and stay for two nights because of decisions in their life.
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We have had other survivors stay with us for six months because of the level of risk and lethality that
they're facing, active stalking, and so on and so forth. We try not to put a rigid timeframe on it because
we want to make sure that our number one focus is the safety of that survivor, and being flexible enough
to ensure that that remains the priority. It changes. The nature of domestic violence is very dynamic.
We try not to put any restrictions on circumstances that would negatively influence the safety of that
survivor.
Council Member Bagdasarian: Great. Thank you.
Samantha Clarke: Of course, thank you.
Mayor Burk: Ms. Nacy?
Council Member Nacy: Thank you for the presentation and for the work that all of you do. I know it's
hard with the things that you have to see and deal with every day, that you take home with you. Thank
you very much. I know you mentioned it when you were down there, but can you just recap? Where are
your funding sources coming from again?
Samantha Clarke: Our funding sources come from several places. We are funded through Federal
pass through dollars that come to us through State agencies. One of them is the Department of Criminal
Justice Services. Another one is the Virginia Department of Social Services. Those are given to us
through Federal grants. Those are two primary State funds of sources.
We also are funded through Loudoun County through their core services budget. We're very grateful
for the stability that those funding sources provide. We are also funded through a variety of foundation
grants, whether that's going to be things like Wells Fargo, [unintelligible] charities, and things like that.
We're always looking for the nimbleness and flexibility that those dollars provide. We're always very
grateful for those.
We're also, we have the funds that come through our community, private donors, and just community
members that give. Those unrestricted dollars are vital because what happens is it allows us to have
the flexibility to meet survivor needs that we can't always anticipate. That's important because a lot of
those larger, more stable sources of funding, oftentimes coming through governments and public dollars
are very restrictive. We can only do certain things with them. They only fund certain things and we can
never really predict what a survivor or survivor household is going to need from us when they enter our
services.
Council Member Nacy: Thank you.
Samantha Clarke: You're welcome.
Council Member Nacy: I think it's important as part of us advocating for you all that we know that and
we know how to go out in the community and get the things that you all need. I know on your website,
it lists things that you need, like gift cards, bottles of water, stuff like that that can be donated. It's
something that someone can just go and look and find.
Samantha Clarke: We try to keep that updated. I will speak just briefly to things like gift cards. One of
the things that the old school model of things like shelter and providing services was, "Let us give you
that," like go into the pantry and take what you need. Well, now we're really trying to move in terms of
a trauma-informed, victim-centered approach is much more, "Here are the resources you need to get
what you need for your family, whether it's culturally-specific, faith-specific, you know what your child
likes to wear to school.
Here are the resources you need to purchase that." It really goes back to safety, hope, and
empowerment. We want to empower survivors of violence to rebuild their lives in a way that matters to
them as opposed to us telling them what matters and how to feel empowered. Things like the flexibility
of gift cards and unrestricted dollars helps us to do that and have that approach.
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Council Member Nacy: Thank you.
Samantha Clarke: Thank you so much.
Mayor Burk: Ms. Fox.
Council Member Fox: Thank you. I really appreciate your presentation.
Samantha Clarke: Of course.
Council Member Fox: I think Resourceful Woman is a gem. I was given an opportunity right when
COVID hit to help out over there, and it was really sad that I couldn't when COVID hit because of COVID.
I think that is just a gem in our Town and it's very much needed. Thank you for being here. One of the
things that shocked me was the statistics that 203% increase in [unintelligible] and that those are
people who are actually coming forward. We know that there's more a lot that lies beneath there,
correct?
Samantha Clarke: Think of it like an iceberg. Think of it like well, that's just the tip of the iceberg. What's
underneath that iceberg is a tremendously greater need.
Council Member Fox: The reason I ask, all these statistics, the 80% increase in the domestic violent
calls, there's the 20%, and that's just in the last month, correct?
Samantha Clarke: No. The 80 call, that as a Leesburg specific number for what is happening in the
Town of Leesburg. In the Town of Leesburg, those are the number of calls specifically. Then in the last
week we've had three high LAP calls or high danger calls. I wanted to make sure that you have some
Leesburg-specific numbers to understand the impact of the violence in this community alone.
Council Member Fox: And all of these calls have been reported. These all go to the Police, is that
correct?
Samantha Clarke: Those are police-specific data because not every victim comes to LAWS. That data
that I shared about the Town of Leesburg is publicly available data. We data mine that to just try to get
a sense of who and what communities is reaching out to us because that's important to know. Where
do we need to be? What communities do we need to be doing more outreach in? Who's reaching out
to us, who's not? That's a little bit of data mining that I did to make sure that you understand what's
happening in your community as well.
Council Member Fox: We're happy you're part of our community. Thank you.
Samantha Clarke: Oh, we're happy to be here. Thank you.
Mayor Burk: Mr. Cummings.
Council Member Cummings: Thank you and thank you for being here. I don't have any questions.
Thank you for all the work that you're doing-
Samantha Clarke: It's a pleasure.
Council Member Cummings: -and keeping us informed. If there's anything that we can do as a body,
I think we all would be happy to help.
Samantha Clarke: Thank you so much.
Mayor Burk: Thank you. Thank you very much for coming and now you can head home.
[laughter]
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Mayor Burk: It's been a long day. Thank you. The next item we have is the petitioner section. One of
our 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 three-minute time limit. The green light on
the timer will turn yellow at the end of two minutes indicating that you have one minute remaining. At
that time, we would appreciate your summing up and yielding the floor when the bell indicates your time
has expired. Under the rules of order adopted by the Council, the three-minute time limit applies to all.
The first name that we have is Vanessa Jones, followed by Michael Rivera.
Vanessa Jones: Good evening, everyone. I have a point of clarification. I have two petitions. Do I get
twice as much time or do I need to wrap it up in the same one, what did you say, three minutes?
Mayor Burk: Three minutes. You have two--
Vanessa Jones: I have two petitions. They're related.
Mayor Burk: Use your [unintelligible].
Vanessa Jones: I'll be brief. I'm tired. My name is Vanessa Jones V-A-N-E-S-S-A, Jones J-O-N-E-S. I
have been a homeowner in Loudoun County for 24 years. I have lived in the Town of Leesburg with my
family for 17 years. The first petition I'm bringing is in reference to an amended Town Code 28-32 which
is points of collection which requires residents of single-family, detached homes to place garbage and
refuse either in front of or along the side property boundary of their home. My understanding is this
amendment was approved in 2019.
My issue actually started in 2018. Many of you may even be familiar with it. I have been speaking to
different members in the Town. I have been complaining to every family member, friend and church
member, and coworker. The issue is in 2018, Patriot Disposal provided us receptacles, trash and
recycles. My understanding is that the amendment was actually passed in 2019 although my issue
began prior to that. The issue is that because the law currently says that homeowners can place their
receptacles at the boundary line, which will come to that. When we are not our best selves maybe, they
no longer seem to want to place them in front of their home. They would prefer to place them where my
car is parked.
My first, I guess issue, is the boundary and property lines stop at the sidewalk so there's really not a
place in the street for the boundary and property lines. Second of all, fences make good neighbors,
good strong crisp laws make better neighbors. I think helps us to be our better selves as I said. If you
look at the black vehicle here in the middle picture, that is my vehicle but those are not my cans. If you
look at the one to the far right, you can see the bumper of my vehicle that was this morning and those
are the cans of the homeowner next to me that are on my bumper. What this does is it blocks or
obstructs parking and this can happen during the summer three times a week.
It can be recycle day, it can be large bulk day, oh, time's running quick, anyway, and trimmings day. My
ask is of this Town Council to amend the law and to change it so that it does not allow for the boundary
line and that it, at a minimum, it will state in front of your home. Then if you have to add a boundary line
which I don't even think exists in the street, but that you should not obstruct someone from being able
to access their vehicle and park their car.
Mayor Burk: All right. Did you have a second issue you were speaking to?
Vanessa Jones: Okay. The second petition is, and I've talked to VDOT, I've spoke to the town, I've
spoke to my homeowner's association same issue. There does not seem to be a law in the Town of
Leesburg regarding what can be done in that grassy area. As you can see, this particular homeowner
has planted there. You can see in the middle picture. In that case, passengers cannot disembark from
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the vehicle, we cannot access the back of the car. If you look in the first picture, there are rose bushes
now planted along that area.
Again, not allowing people to access the passenger side of the vehicle and there doesn't seem to be a
law in the Town of Leesburg that prevents anyone from planting there. Now, it has created tripping
hazards, family members have been scarred, and the wood plant or not the wood plantings, but the
wood mulch actually causes a slipping hazard, tripping hazard, and slipping hazard when it's icy. What
I'd like to know is if or the ask here is that the Town Council can either identify a law that states people
can plant there or they can't, and then I would like to know where the risk lies, if it's with the Town
Council or if it's with the homeowner that plants there if people are injured.
Mayor Burk: All right, thank you very much. The next speaker is Michael Rivera, followed by Joe
Mobley.
Michael Rivera: I don't actually expect that anyone's really going to listen to what I'm going to say, but
I wanted to get it on the record anyway. I hold the Mayor and her political minions completely responsible
for what I'm about to say. The stench of political partisanship permeates from the dais. I know that
because I looked at everybody's faces when they voted against moving that motion and listening
painfully to Ms. Fox's comments, so your expressions are very clear on your face. Government are by
and for the people. Perhaps everyone on this Council should refresh themselves with the Constitution
and the Bill of Rights.
The passage of the vaccine mandate was a clear example of government overreach, unconstitutionality
insensitivity, disgusting, and just plain stupid. It was a violation of everyone's medical choice we have
had and will continue to have data on vaccine efficacy treatments, and natural immunity, the fact that
data was suppressed, the fact that studies were modified, the fact that injuries were kept from the
people, the lies, the deception, and the tyranny. This is all political partisanship, plain and simple. Let's
put on our big boy pants and really talk about it. Nobody wants to talk about it but this is what's
happening.
The Council chose, under the leadership of the Mayor, political science, not science, political science
because this is political partisanship, the mainstream media, bad advice, and listening to quack doctors.
That's what happened. In LA, they're still fighting for vaccine mandates and in New York City, the Mayor,
exempted athletes and performers but not first responders. That right there is insulting. As a first
responder, that's insulting.
I'm not asking, I'm demanding, one, that the Council make a public apology to the Town of Leesburg
for a vaccine mandate that I didn't even realize was that short, two months. I don't know how you can
get up in the morning, look yourselves in the mirror and say that you destroyed people's lives, you
threatened their income, you threatened their families, you displaced 11 Police Officers that came over
to the Loudoun County Sheriff's Office and you went about your business because elections have
consequences. That's great.
I want you to reinstate all employees and Commissioners, regardless of whether or not they want their
positions. I want you to put it out there publicly. I'd like for you, the city, the Town to pay for damages
suffered by employees that were displaced. Some people may have had to move, people had to adjust
their schedules, childcare, all sorts of stuff, people that gave their lives to the Town of Leesburg as loyal
employees. I want you to take responsibility for any future vax injury as a result of the forced vaccine
mandate on people. We know that the vaccine has injuries. I'll be waiting for that public apology. Thank
you.
Mayor Burk: Joe Mobley signed up next. There is nobody that is following him at this point.
Joe Mobley: Good evening, everyone. I'm Joe Mobley. That's J-O-E M-O-B-L-E-Y. I live in Potomac
Station in Leesburg, Virginia. Thanks for inviting me up to hear public comment. It's interesting that we
start gatherings like this with the Pledge of Allegiance. It's required by law that we say the Pledge of
Allegiance in every public school in the United States. I believe that most public or most private schools
also do it. They do some other things at the beginning of their school day. While we're looking at the
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flag, we're saying the Pledge, I'm curious if we've ever thought about it structurally because it's not a
legal document.
It's something that we pledge, that we promise. It's like baptism, it's us making a public declaration of
something we've decided in our hearts, but still structurally, it starts with 'I' and ends with 'all.' Really
what it's about is, "What can I do for the benefit of all?" I go to tell you guys when, [unintelligible] the
arc of life goes. When I was a kid, I thought so many things about the historical documents, so many
things about the bodies like yourselves, about law enforcement, about the military, and it's just been a
steady arc of disappointment.
I thought one thing about everyone who swore on oath and carried a badge and had powers of arrest.
For the longest, I thought they were all intensely patriotic and wanted to live in service to others. I wore
that uniform for two years and then I was sadly mistaken and I took that one off, and then I went to the
Army where I thought it would be filled with patriots, with people who understood the oath, who had at
least read and understood the Constitution. Sadly, that was not true.
Now my last vestige of hope, definitely not in Federal government, it's in this government, good
government, small government, that benign influence. I just ask that we step back because we're adults,
we're autonomous, we don't really need to be told what to do. We need to be allowed to operate within
the confines of laws that protect people.
I have to say that I disagree with the vaccine mandate. I disagree that's ethical, that it's moral, that it's
just. You're going to do what you're going to do. I just ask that you filter it through, "What can I do for all
these?" Things that you say almost daily but definitely when you gather here.
Mayor Burk: Thank you.
Joe Mobley: Thank you.
Mayor Burk: Thank you, Mr. Mobley. Is there anybody in the audience that did not sign up that would
like to speak at this point? That being the case, there's nobody that came forward, I will close the
petitioner section. That takes us to the Consent Agenda. I will read the items on our Consent Agenda
and then ask for a motion and second, and if anybody wants to change anything. 12A is the Northern
Virginia Electrical Cooperative, NOVEC Easement and Right of Way Agreement North Airport Hangar
Project. B is Annual Landscape Maintenance Service Contract Award.
C is Initiating an Amendment to the Zoning Ordinance Related to Fiscal Impact Analysis Mission
Requirements. D is the Appointment to Parks and Rec Commission, Natalie Caroll to the Parks and
Rec Commission, and Appointment to the Airport Commission, JC Silvey to the Airport Commission. Is
there anyone that wants anything moved at this point? All right, do I have a motion? Moved by Ms. Fox,
seconded by Vice Mayor Martinez. All in favor?
Members: Aye.
Mayor Burk: Opposed? Mr. Cummings, we didn't hear you.
Council Member Cummings: Sorry, aye.
Mayor Burk: All right, thank you. All right, that takes us to 13A, reinstatement of employees and
commissions terminated due to COVID policy. Is there a motion?
Council Member Fox: Madam Mayor, I'd like to make a motion to reinstate the employees and
commissioners that were terminated due to COVID policy.
Council Member Nacy: Second.
Mayor Burk: Is there a second? Yes, second by Ms. Nacy. You spoke to it previously, did you? Okay,
that's sufficient. All right, Ms. Nacy, did you have anything you wanted to say?
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Council Member Nacy: No, I echo, of course, everything that Councilwoman Fox mentioned earlier. I
know that saying this and doing this doesn't mean that these people will automatically get their jobs
back, and there's a process and all of that that goes along with it. I do think considering we changed
the policy recently, that we should allow these people the opportunity to be reinstated.
Mayor Burk: All right, is there any additional? Mr. Steinberg?
Council Member Steinberg: Well, thanks. I'm going to state yet again that our policy was motivated
by data that was available to us from local, and State, and Federal agencies. We did not operate in a
vacuum. The regulations that we passed were provided evenly across the Town's workforce, including
ourselves, I might add, and accepted, and I will say appreciated by an overwhelming majority of the
Town employees. There was ample opportunity provided for medical and religious exemptions.
For us as a body to now dismiss the seriousness of our decision of formulating public health policy, in
my opinion, would trivialize our work and the decision made by those who understood the importance
of complying, not only for themselves but for everyone with whom they came in contact. I can't imagine
what anybody thinks we stood to gain personally or politically by passing this legislation. For me, the
repetition of the accusation that our actions were politically motivated does not in itself make it true. It
makes me wonder if that constant drumbeat does not itself indicate a political agenda I cannot support.
Mayor Burk: Go ahead, Mr. Bagdasarian.
Council Member Bagdasarian: Yes, I have a question for the Town Manager and potentially Town
Attorney. Is there anything, or since the policy was rescinded last month, I think the 8th of March, was
there anything that precluded a Commissioner that was terminated or an employee that was terminated
from seeking reappointment, or rehiring to the Town for the vaccine and test mandate. It's not just a
vaccine mandate, it's a vaccine or test weekly mandate. Has anything precluded that from happening?
Kaj Dentler: I'm not clear on your question but is it anything that precluded someone from participating
in the vaccine?
Council Member Bagdasarian: Yes. If they were terminated, was there anything precluding them from
being reappointed by a Council Member or being rehired by their former hiring manager?
Christopher Spera: The only thing that would preclude them would be if the position had been filled. It
would not eliminate potential, in the case of employees, it would not eliminate potential reemployment
by the town whether to be an open position that they sought to apply for. With respect to Commissioner,
if the Commissioner's position had not been filled with the lifting of the vaccine requirement, they would
have been eligible for renomination by their sponsoring Council Member.
Council Member Bagdasarian: Thank you.
Mayor Burk: We have a motion by Ms. Fox, seconded by Ms. Nacy. All in favor indicate by saying,
"Aye."
Members: Aye.
Mayor Burk: Opposed?
Members: Nay.
Mayor Burk: That fails, 2-5. Topic for discussion for the joint meeting with the Loudoun County Board
of Supervisors. Do I have a motion for that? So moved by Council Member Steinberg. Second? Second
by Council Member Nacy. Is there any discussion on this? We talked about it at length last night. Is
there any-- All right. All in favor indicate by saying, "Aye."
Members: Aye.
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Mayor Burk: Opposed? That passes 7-0. We have an opening at the Residential Traffic Commission,
a gentleman by the name of Ray Delpesche that we all know. He's the president or chair of the VFW
and has done a tremendous amount of volunteering for the Town, would like to be considered for
appointment to the residential traffic committee. I would like to make that motion. Mr. Martinez has
seconded it. Is there any discussion or questions in regard to this? All in favor indicate by saying, "Aye."
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. We also have someone that is interested in the position on
the Thomas Balch library.
Council Member Fox: Madam Mayor, we do have two people who are interested just to let you know.
Mayor Burk: I didn't see the other one but okay. The first one is Elizabeth Scheib. She is the librarian
at Tuscarora High School and she has put in her information of interest that she would like to be
appointed to that. The other person?
Council Member Fox: The other person is Paul Coyer. He did hold the position before January, I
believe he was released on January 10th, or 11th, whatever [unintelligible]. He's interested as well.
Mayor Burk: All right.
Council Member Nacy: Madam Mayor, I have a quick question.
Mayor Burk: Yes.
Council Member Nacy: Which spot was this for?
Mayor Burk: This was an opening on the Thomas Balch [inaudible].
Council Member Nacy: Which Council Member’s?
Mayor Burk: Oh, is Ms. Fox.
Council Member Nacy: Because I also have a spot considering what--
Mayor Burk: Yours isn't up yet. You still have-- It doesn't go to the Council until after a certain number
of days.
Council Member Nacy: Got you but I'm just saying I would be happy to take on one of them considering
there's two spots. You know what I mean?
Mayor Burk: That's what you're saying?
Council Member Nacy: Yes, because my Commissioner, unfortunately, will not be returning at this
point for a very long time anyway.
Mayor Burk: Sorry to hear that. All right. Does anybody have any issue if we appoint both of them?
Vice Mayor Martinez: No.
Mayor Burk: Mr. Martinez makes the motion to appoint both Elizabeth and Paul, seconded by Ms. Fox.
All in favor?
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. All right. We have--
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Christopher Spera: Madam Mayor, we'll just need to prepare the resolution to address Ms. Nacy's
appointment. We'll just bring that back to you the next time. You've already voted on it but I think publicly
we should put it in the next agenda so that you can simply acknowledge.
Mayor Burk: We don't have to vote on it?
Christopher: No, ma'am but I believe it should be put in the agenda so that it can be seen publicly.
Mayor Burk: That's fine. No problem with that. Future council meetings and agenda items, Ms. Fox?
Mr. Steinberg?
Council Member Steinberg: No.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: [unintelligible]
Mayor Burk: Did I miss something? [chuckles]
Vice Mayor Martinez: [unintelligible]
Mayor Burk: No, they're the same. That was just an oversight. Sorry, I should have caught that.
Vice Mayor Martinez: [inaudible]
Mayor Burk: None. Ms. Nacy.
Council Member Nacy: Would you like comments and disclosures as well.
Mayor Burk: Comments [unintelligible].
Council Member Nacy: Future meeting, and this may be more of just a conversation with staff or a
Work Session thing. I was approached by Great Beginnings Preschool which is across the street in
Leesburg United Methodist Church, about the traffic issue on Wirt Street when their preschool drops off
and picks up each day. There was a traffic study done at one point, but it was during the summer, so it
didn't actually address the school year traffic issues. I was hoping that we could address that with staff.
Mayor Burk: Mr. Dentler, would that be something that you could write a memo about in regard to the
study that was put in place? Is that satisfactory, Ms. Nacy?
Council Member Nacy: Yes. I think since it was done in the summer, and it wasn't at the actual time
that the congestion was happening, it's still happening.
Mayor Burk: Do you want to get the memo and then decide if you want to [unintelligible].
Council Member Nacy: Yes, that's fine. Then I just have a quick comment. A few months ago, I was
appointed by Council to the VASAP Commission, and so we had our first meeting a couple of weeks
ago. It was very interesting. One side comment is if you can believe we're still a small town, I have proof
for you. My dad's math teacher is part of this commission from Loudoun Valley High School. Very
interesting actually, so things I didn't know about the VASAP program is, Bull Run is the part that we
are in and it is not funded. It is entirely funded by offenders. It does not get State or local funding.
Basically, if there's a DUI or some kind of alcohol-related offense, the fees that go along with that are
what is the VASAP program uses to help rehabilitate people and go through the programs for alcohol
help and awareness. One of the problems that they face, which is unique, is a lot of lawyers will go
before a judge and say, "As part of the deal that they make, will you please erase these fees?" They
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will get erased, and then the program only suffers, but the people are still going through the program
and still receiving the treatment or whatever the case may be.
I thought that that was unique and interesting and that it's completely self-funded. I thought that it was
worth mentioning to bring to the attention of the community because it's a really important program to
help rehabilitate alcohol offenders.
Mayor Burk: Could you say what the name of it is, again, not the initials but the actual name?
Council Member Nacy: Yes, it's the Bull Run Virginia Alcohol Safety Action Program.
Mayor Burk: Thank you.
Council Member Nacy: Thank you.
Mayor Burk: I should have asked for regional reports, and I skipped that, so I do apologize. Mr.
Bagdasarian.
Council Member Bagdasarian: Just a few things to share. I had the opportunity to talk about the
amazing youth we have in our community. I had the opportunity to judge the Loudoun Youth Battle of
the Bands at Tally Ho, the final competition, amazing artist. Hopefully, we get some of them showcase
at the Crossroads Music Festival this September. I think King Street won again, King Street and
[unintelligible] Harvest was second place.
Secondly, I had the opportunity to judge the Loudoun Youth Step-Up Program and this was truly
incredible. You had I think about 20 high school, middle school students that were coming up with
solutions for real-world problems that they're facing at their schools and their local communities. What
I found most impressive is that it wasn't just, "Here's an idea." They actually built prototypes, they started
the programs and actually started to implement them. Truly an inspiring moment to see the future of
our entrepreneurs right here in Loudoun County. Both of those were outstanding. Thank you.
Mayor Burk: I'm sure you'll be a mentor to them.
Council Member Fox: Madam Mayor. I got to thinking a little bit about the petitioner that was up here
asking about the trash issue. I was wondering if I could maybe go ahead and put that on some future
discussion.
Mayor Burk: This, it won't be a problem to put that on a work session.
Kaj Dentler: [unintelligible].
Mayor Burk: Okay, thanks. There are four people that would like to have it on the work session. I
should make sure that-- Okay. All right, I would like to thank Evergreen Mills Elementary School for
inviting me to participate in Career Day. They do this every year. It's really important for the kids to start
thinking about different careers and different things that they can do in the future. I want to thank them
very much for welcoming me. April 30th, I welcomed the Daisy Scouts to the Town Hall. They were here
to learn about what it means to be the Mayor and the Town Council. We conducted a mock Council
meeting.
They all came up here. They were selected as Mayor and Council Members and Vice Mayor, and they
had the very important task of trying to figure out what should be the Town flower. I thought, for sure,
and I played staff, and I did a presentation, and I thought, for sure, as Daisies, they would pick daisies,
but they picked roses. [chuckles] The Town flower, the Daisy Scouts would like to see us do a Town
flower, recognize the rose. It was not what I expected. On the 31st, we got to say goodbye to Susan
Berry Hill. I wish her well on her retirement. She was a huge asset to the town, and we definitely will
miss her.
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On that same day, we were in the alley dedicating the murals, and they're beautiful additions to our
public art. I want to thank Kim Kim for such great work, and for COPA, the Commission of Public Art
and Friends of Public Art for making this happen. They recognized Mr. Lassiter, Marie Medley, and Ms.
Pickens, all people that have contributed to Leesburg and Loudoun County. On the 1st, we welcomed
Catty Cats to Leesburg. If you love cats, this is the place to be. You can pay a few dollars and go up
and spend your time with cats and adopt them if you want. It was very interesting. I wish them all the
luck.
Raymond James hosted an exhibit by Dan Severs. It was truly impressive. I want to, again, thank
Friends of Leesburg Public Art for making that happen. Thanks to all who came out to Keep Leesburg
Beautiful trash pickup. There were lots of families. You can still participate. Call the Town. Let them
know that you would like to pick up some trash. They will provide you with the bags, the wonderful
yellow vests, gloves, and then when you're done picking up, you call the Town, and the Town will come
pick up the bag.
I presented our proclamation to the ice dancing team of Caroline Green and Michael Parsons, and I
have no doubt this the next time we have a proclamation, it will be because they are Olympic champions.
CJ3 Foundation held a fundraiser at Loudoun Kitchen and Bar for service dogs, to raise money for
service dogs for our veterans. It was a wonderful event and a great cause, and I want to thank Eric
Thomas for organizing it. We had the opportunity to do a ribbon-cutting for My Wellness Physician in
the Village of Leesburg. It's a weight loss and nutrition practice. It's a very, very nice place, very
welcoming, and it's going to be a great addition to the Village.
On the 7th, I had my monthly meeting with supervisor Umstattd. We talked about some of the things that
we're going to talk about with the Board as a whole. I want to congratulate Parks and Rec for an Easter
Egg Hunt that went very well. There were lots of parents and lots and lots of children, and everybody
had such a fun time. This is what they gave all the kids as they left. Not only did they collect the eggs,
but then they got these little packets of fun stuff and a pinwheel, and it was just the delight on the kids'
faces.
It was a great job, and I want to congratulate Parks and Rec for doing that. Everyone, again, please
take the time to go to the Town Green where you'll see the pinwheels representing the Child Abuse
Prevention Month. Town Manager, do you have anything?
Council Member Steinberg: Madam Mayor.
Mayor Burk: Yes.
Council Member Steinberg: I apologize for things popping into my head as well, but since Ms. Jones
brought us two issues, do we also want to get some information about the grass strips?
Mayor Burk: [unintelligible] Yes.
Council Member Steinberg: Okay, thanks.
Mayor Burk: All right. Okay, Mr. Manager, no comments. Okay. We have a closed session. We will not
be adjourning. I will make the motion to move pursuant to 2.2-3705.2(14)(B) and 2.2-3711(A)(19) of the
Code of Virginia that Leesburg Town Council convene in a closed meeting for the purpose of receiving
information from staff regarding cybersecurity or discussion of an open meeting jeopardize the safety
of the Town's Information Technology system and software program. Do I have a second?
Council Member Bagdasarian: Second.
Mayor Burk: Seconded by Council Member Bagdasarian. All in favor indicate by saying, "Aye."
Council Members: Aye.
Mayor Burk: Mr. Cummings.
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Council Member Cummings: Aye.
Mayor Burk: Opposed? That moves forward. Thank you.
CLOSED SESSION (8:19 p.m. – 8:57 p.m.)
Mayor Burk: In accordance with Section 2.2-3712 of the Code of Virginia, I move that Council certify
to the best of each member’s knowledge, that only public business matters lawfully exempted from the
open meeting requirement 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 and considered in the meeting by Council.
Mayor Burk: Ms. Fox?
Council Member Fox: Aye.
Mayor Burk: Mr. Steinberg?
Council Member Steinberg: Aye.
Mayor Burk: Mr. Martinez?
Vice Mayor Martinez: Aye.
Mayor Burk: Mr. Bagdasarian?
Council Member Bagdasarian: Aye.
Mayor Burk: Mr. Cummings?
Council Member Cummings: Aye.
Mayor Burk: Ms. Nacy?
Council Member Nacy: Aye.
Mayor Burk: And Ms. Burk, aye. Is there a motion to adjourn? Second by Mr. Steinberg. All in favor?
Members: Aye.
Mayor Burk: All right.
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Item b.
PROCLAMATION
National Day of Prayer
May 5, 2022
WHEREAS, each year, in accordance with Public Law 100-307, the President of the
United States proclaims the first Thursday in May as a National Day of Prayer; and
WHEREAS, prayer plays a powerful role in the lives of people of all cultures, religions,
and backgrounds. Prayer serves as a source of moral and spiritual guidance for millions
throughout the Commonwealth of Virginia and the Nation, and
WHEREAS, in America, our Nation is stronger because we welcome and respect
people of all faiths, and because we protect the fundamental right of all people to practice their
faith how they choose, to change their faith, or to practice no faith at all, and to do so free
from discrimination; and
WHEREAS, in the face of tremendous challenges, prayer is a powerful force for peace,
justice, and a brighter tomorrow.
THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg
in Virginia hereby recognize May 5, 2022 as the National Day of Prayer, and encourage our
residents to participate in the National Day of Prayer in the manner that is most appropriate
to their own religious or spiritual beliefs.
PROCLAIMED this 26th day of April, 2022.
____________________________________
Kelly Burk, Mayor
____________________________________
Fernando “Marty” Martinez, Vice Mayor
____________________________________
Ara H. Bagdasarian
____________________________________
Suzanne D. Fox
____________________________________
Zach Cummings
____________________________________
Kari Nacy
____________________________________
Neil Steinberg
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Item a.
PROCLAMATION
World Ovarian Cancer Day
May 8, 2022
WHEREAS, World Ovarian Cancer Day is held each year on May 8th; and
WHEREAS, it was established in 2013, by a group of leaders from ovarian cancer
patient advocacy organizations from around the world. These leaders saw the need to take
global action to raise awareness about the disease; and
WHEREAS, ovarian cancer has the lowest survival rate of all gynecological cancers,
and is characterized around the world by lack of awareness of symptoms and late-stage
diagnosis; and
WHEREAS, on this day, ovarian cancer awareness organizations from across the
world will aim to have a singular focus and message for ovarian cancer and its symptoms and
will unite to educate their communities; and
WHEREAS, for women living with the disease, and their families and friends, this day
will build a sense of solidarity in the fight against the disease.
THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg
in Virginia recognize May 8, 2022 is World Ovarian Cancer Day and ask our community to
raise our voices in the fight against this disease.
PROCLAIMED this 26th day of April, 2022.
____________________________________
Kelly Burk, Mayor
____________________________________
Fernando “Marty” Martinez, Vice Mayor
____________________________________
Ara H. Bagdasarian
____________________________________
Suzanne D. Fox
____________________________________
Zach Cummings
____________________________________
Kari Nacy
____________________________________
Neil Steinberg
56
Item b.
PROCLAMATION
Stroke Awareness Month
May 2022
WHEREAS, strokes are the leading cause of long-term disability, putting a
tremendous financial burden on individuals, families, as well as society; and
WHEREAS, 1 in 6 people will have a stroke in their lifetime; and
WHEREAS, there are life-saving treatments that must be administered within 3-4
hours once symptoms begin, and only a very small percentage of patients get to the hospital
within the treatment window because the majority of people are not able to recognize how to
spot a stroke or the importance of calling 911 immediately; and
WHEREAS, the stroke warning signs include sudden numbness or weakness of the
face, arm, or leg especially on one side of the body; sudden confusion, trouble speaking or
understandings; sudden trouble seeing in one or both eyes; sudden trouble walking dizziness,
loss of balance or coordination; and sudden severe headaches with no known cause; and
WHEREAS, National Stroke Awareness Month aims to increase public awareness
about the warning signs of stroke, symptoms of a stroke, stroke prevention, and the impact of
stroke on survivors, families, and caregivers.
THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg
in Virginia recognize May 2022 as Stroke Awareness Month, urge all residents to familiarize
themselves with the signs, symptoms, and treatments for stroke, and to recognize stroke as a
medical emergency.
PROCLAIMED this 26th day of April, 2022.
____________________________________
Kelly Burk, Mayor
____________________________________
Fernando “Marty” Martinez, Vice Mayor
____________________________________
Ara H. Bagdasarian
____________________________________
Suzanne D. Fox
____________________________________
Zach Cummings
____________________________________
Kari Nacy
____________________________________
Neil Steinberg
57
Item c.
PROCLAMATION
Thomas Balch Library Centennial
May 2022
WHEREAS, in 1922 to honor their father in the place of his birth a century earlier, the
sons of Thomas Balch donated funds for construction of a library based on the classical design
of noted Washington architect Waddy B. Wood; and
WHEREAS, the Thomas Balch Library served as a private library until it became a
county library in 1960 that was opened for the use of all persons in 1964; and
WHEREAS, the Thomas Balch Library was acquired by the Town of Leesburg in
1994, converted into the Thomas Balch Library of History and Genealogy, and doubled in
size with an award winning addition designed by Bowie Gridley; and
WHEREAS, annually, thousands of patrons make use of its rich archival collections,
genealogical and literary resources, book talks, lectures, and classes it offers; and
WHEREAS, the Thomas Balch Library is a valuable center of cultural life in Leesburg,
Virginia as well as a cherished architectural gem in its Historic District.
THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg
in Virginia hereby note and proclaim the One Hundredth Anniversary celebration of the
Thomas Balch Library.
PROCLAIMED this 26th day of April, 2022.
____________________________________
Kelly Burk, Mayor
____________________________________
Fernando “Marty” Martinez, Vice Mayor
____________________________________
Ara H. Bagdasarian
____________________________________
Suzanne D. Fox
____________________________________
Zach Cummings
____________________________________
Kari Nacy
____________________________________
Neil Steinberg
58
Item d.
PROCLAMATION
Independent Bookstore Day
April 30, 2022
WHEREAS, sponsored by the American Booksellers Association (ABA), Independent
Bookstore Day is a one-day national party that takes place at indie bookstores across the
country on the last Saturday in April; and
WHEREAS, this year’s event will take place Saturday, April 30, 2022; and
WHEREAS, every store is unique and independent, just like the communities they
serve; and
WHEREAS, the Town of Leesburg is fortunate to be home to three
independent booksellers such as Bespoke Books and Archives, Birch Tree Books, and Books
and Other Found Things, each located in the downtown historic district; and
WHEREAS, independent bookstores are not just stores, they are community centers
and local anchors run by passionate readers; and
WHEREAS, this year's national Independent Bookstore Day ambassador, bestselling
Author Angie Thomas, shared that “Indie bookstores are the heart of our industry, and we
must continue to support them in the same way that they support and champion books.”
THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of Leesburg
in Virginia recognize Saturday, April 30, 2022 as Independent Bookstore Day. We encourage
residents to promote, celebrate, and highlight the value of the independent bookstore
community.
PROCLAIMED this 26th day of April, 2022.
____________________________________
Kelly Burk, Mayor
____________________________________
Fernando “Marty” Martinez, Vice Mayor
____________________________________
Ara H. Bagdasarian
____________________________________
Suzanne D. Fox
____________________________________
Zach Cummings
____________________________________
Kari Nacy
____________________________________
Neil Steinberg
59
Item e.
PROCLAMATION
National Drinking Water Week
May 1 – 7, 2022
WHEREAS, water is our most valuable natural resource; and
WHEREAS, drinking water serves a vital role in daily life, serving an essential purpose
to health, hydration, and hygiene needs; and
WHEREAS, tap water delivers public health protection, fire protection, support for
our economy, and adds to the quality of life we enjoy; and
WHEREAS, the hard work performed by the entire water sector whether designing
capital projects, operators ensuring the safety and quality of drinking water, or a member of a
pipe crew maintaining the infrastructure, communities rely on the transport of high-quality
drinking water from its source to consumer’s taps; and
WHEREAS, the coronavirus pandemic shined a light on the importance of drinking
water for health, hydration, and hygiene needs; and
WHEREAS, we are all stewards of the water infrastructure upon which current and
future generations depend; and
WHEREAS, the citizens of our town are called upon to help protect our source waters
from pollution, and to practice water conservation.
THEREFORE, PROCLAIMED, that the Mayor and Council of the Town of
Leesburg in Virginia hereby proclaim May 1 – 7, 2022 as National Drinking Water Week.
PROCLAIMED this 26th day of April, 2022.
____________________________________
Kelly Burk, Mayor
____________________________________
Fernando “Marty” Martinez, Vice Mayor
____________________________________
Ara H. Bagdasarian
____________________________________
Suzanne D. Fox
____________________________________
Zach Cummings
____________________________________
Kari Nacy
____________________________________
Neil Steinberg
60
Item f.
Council Meeting Date: April 26, 2022
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Planning Commission 2021 Annual Report
Staff Contact: Karen Cicalese, Executive Associate I
Council Action Requested: Information memo only. No action is required by Council at this time.
Staff Recommendation: Information memo only. No staff recommendation at this time.
Commission Recommendation: None at this time.
Fiscal Impact: Not applicable.
Work Plan Impact: Not applicable.
Town Plan Impact: None
Executive Summary: Section 2-195 (d) of the Leesburg Town Code specifies that all boards and
commissions shall provide an annual report to the Town Council. The written report is included in
Town Council’s packet.
Background: In 2021, the Planning Commission held 23 meetings at which a total of three land
development applications, two special exception applications, one Town Plan Amendment, and
nine Zoning Ordinance Amendments were reviewed. The Planning Commission also held a
number of work session discussions on topics including the Legacy Leesburg Town Plan Update,
the 2021 Zoning Ordinance Batch Amendments and the Virginia Village land development
application.
Attachment: Planning Commission 2021 Annual Report
2022/03
61
Item a.
2021
LEESBURG PLANNING
COMMISSION ANNUAL REORT
62
Item a.
Acknowledgements 2
Introduction
The Leesburg Planning Commission is pleased to present to the
Leesburg Town Council an annual report for the 2021 calendar year. The
information contained within this report is a summary of cases reviewed
by the Commission along with signature accomplishments for the year
and an overview of anticipated actions in 2022.
Voting Members
Gigi Robinson Chair Ad Barnes
Al Barney, Vice Chair
Brian McAfee, Parliamentarian
Earl Hoovler
Keith Reeve
Nick Clemente *(re-
appointed 12/21)
David Miles (1/21—6/21)
Rick Lanham (7/21—10/21)
Councilmanic Kari Nacy
Staff Liaisons
Susan Berry Hill, Director Karen Cicalese, Clerk
The Planning Commission would like to thank David Miles for his
service to the Commission. David was re-appointed in January of 2021
and served through June of 2021.
The Planning Commission would also like to thank Rick Lanham for
his service to the Commission. Rick was re-appointed in July, 2021 and
served through October, 2021.
Anticipated Work Program for 2022
Looking Ahead to 2021 9
There are several land development applications currently in
the review process. At this time, active applications
anticipated for Planning Commission review in 2022 include
but are not limited to:
Russell Branch Retail Meadowbrook Commercial
Hamblet Property Compass Creek
751 Miller Drive Greenway Manor
The Planning Commission will work on various Zoning
Ordinance amendments as required. At this point, initiated
amendments include:
Homestay Amendments Murals
Food Truck Amendments Doggie Day Care
Outdoor Dining
Public Hearing Placard Content
Town of Leesburg Department of Planning & Zoning
25 W. Market Street, Leesburg, VA 20176
www.leesburgva.gov/planning
63
Item a.
Looking Ahead to 2019 8
Capital Improvements Program (CIP)_________
The Virginia State Code requires that local Planning
Commissions review a Capital Improvements
Program (CIP) for consistency with the
comprehensive plan. As such, every year the
Leesburg Planning Commission reviews the draft
CIP to see how it is proposed to implement the Town
Plan and to make recommendations to the Town
Council.
On February 4, 2021 the Commission held a public hearing on the CIP
for FY 2022-2027,. The Draft was forwarded to Town Council with a
recommendation of approval as presented.
Anticipated Work Program for 2022
As a follow up to their work on the Legacy Leesburg Town Plan Update
the Commission anticipates working on a comprehensive re-write of the
Zoning Ordinance which is required when a municipality updates their
Comprehensive Plan.
The Commission will be holding a number of training workshops
throughout 2022 which will include topics such as:
• Traffic Impact Analysis Education
• Defensible Decision Making and Findings Development
Looking Ahead to 2022 8 Workload Summary 3
Overview of Cases Reviewed in 2021
The Planning Commission held 23 meetings in total during the 2021
Calendar year. During this time the Commission heard two Special
Exception cases, three Rezoning /Concept Plan Amendment cases, one
Town Plan amendment case, and nine Zoning Ordinance amendment
cases.
There were five land development applications reviewed in 2021 which is
consistent with the number of cases reviewed by the Commission in 2020;
but inconsistent with the number of cases reviewed in 2019 and the three
years prior. In prior years, (prior to 2020) the Commission reviewed an
average of 20 land development applications per year.
Three projects were carried over to additional meetings and these include
the New Legacy Leesburg Town Plan, Virginia Village Rezoning, Special
Exception and Town Plan Amendment, and the 2021 Batch Zoning
Ordinance Amendment.
Rezoning and/or Concept Plan Amendments and
Special Exceptions:
TLSE-2020-0003 Playful Pak
A Special Exception application by
Rappaport to lease approximately
4,050 square feet in Building B
within the Village at Leesburg
mixed-use development as well as
1,320 square feet to the rear of the
building for a Doggy Daycare
business with an accessory
kennel.
64
Item a.
Workload Summary 4
Overview of Cases Reviewed in 2021
TLTA-2019-0001, TLZM-2019-0001, and TLSE-2020-0004
Virginia Village
This application filed by the
applicant, Keane Enterprises,
sought approval to rezone the
18.48 acre Virginia Village
Shopping Center property to
allow for a mixed use
development. The proposal for
this development included up to
165,800 square feet of non-residential uses and up to 643 residential
dwelling units.
TLZM-2020-0002 Floor & Décor
A rezoning/concept plan and proffer amendment application by Floor and
Décor Outlets of America, Inc. that amended the existing proffers of the
97,000 sq. ft. former Wal-Mart site at Edwards Ferry Road NE and Heritage
Way NE. This 11.5 acre parcel was zoned B-3, but administered as old
B-2, based on proffers. Although allowable under existing B-3 zoning, the
proffers associated with the site expressly prohibited Lumber and Building
Materials sales, which is what the new use is classified.
Work Load Summary 7
Overview of Cases Reviewed in 2021
TLOA-2021-0003 Donation Boxes
This zoning text amendment was initiated
due to concerns regarding the location of
accessory donation boxes. Donation
boxes were not previously listed in the
Town of Leesburg Zoning Ordinance
(TLZO) Sec. 9.2 Use Table, nor were they
listed as an accessory use in TLZO Sec.
9.4 Accessory Uses. As a result of this,
donation boxes were not permitted.
TLOA-2021-0005 Administrative Review of Certificates of
Appropriateness
These amendments to Article 7.5.6 expanded the number of projects
eligible for administrative review in the Old and Historic District by the
Preservation Planner without the requirement for a full public hearing and
review by the BAR.
TLOA-2020-0005 Fueling Stations with Convenience Store
Amended the PD-CC-SC District to include a
new by-right use: Accessory Fueling Station
with Convenience Store.
TLOA-2020-0006 Spring Water Extraction and Bottling
This amendment redefined the term “Agriculture” to clarify the production
of bottled water from naturally occurring sources on farm property as a
qualifying farm activity. This amendment established Natural Spring
Water Extraction and Bottling Plant as a permissible use in the R-E
Zoning District, with required setbacks, use standards, and applicable
buffer yards and screening.
65
Item a.
Work Load Summary 6
Overview of Cases Reviewed in 2021
Town Plan and Zoning Ordinance Amendments
TLTA-2021-0001 New Legacy Leesburg Town Plan
This application proposed a
comprehensive update to the Town Plan.
The new Town Plan will also incorporate
other documents under separate
cover including the Eastern Gateway
District Small Area Plan and
Crescent District Master Plan which were
previously adopted, and a
Streetscape Plan and Transportation
Improvement Plan which will guide
potential streetscape and transportation
improvements in the Town.
The Planning Commission held an initial public hearing on April 1, 2021
and the Commission continued to discuss and evaluate Legacy Leesburg
at 15 subsequent meetings. It was determined that a second public
hearing, although not required by state law, would be in the best interest
of incorporating and finalizing discussion of various changes that had
been made since the initial public hearings. These changes include those
made by the Planning Commission, the public, various Boards and
Commissions of the Town, and staff.
The Planning Commission completed its work and certified the Document
December 2, 2021.
TLOA-2021-0001 Zoning Ordinance Batch Amendments
This is a process of the regular review/amendment of the Zoning
Ordinance for the purpose of keeping the Ordinance current, relevant,
and comprehensible for users. This Batch incorporated State Code
changes, use and interpretation changes, corrected errors, and
addressed business/citizen requests.
Workload Summary 5
Overview of Cases Reviewed in 2021
TLZM-2020-0005, TLZM-2021-0001, TLOA-2020-0004, and
TLOA-2021-0007 20 Union Street NW
This 0.84 parcel was split between two zoning categories, R-HD and
R-6. With this application, Loudoun County sought to consolidate the
zoning of the entire parcel under R-HD which would also bring the entire
parcel under the H-1 Old & Historic District Overlay. There are currently
two structures on this parcel. The first is an historic African American
two-story wood and stone schoolhouse known as the Former Douglas
Elementary School, which dates to the mid 1880's and sat outside of the
overlay district. The second building is a single story brick office building
which sits inside the overlay district. With this rezoning, the historic
schoolhouse was brought into the R-HD zoning designation and H-1 Old
& Historic District Overlay.
66
Item a.
Council Meeting Date: April 26, 2022
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Annual Tree Maintenance Services Contract Award
Staff Contact: Renée M. LaFollette, P.E., Director, Public Works and Capital Projects
Octavia Andrew, Chief Procurement Officer, Finance and Administrative
Services
Council Action Requested: Award the Annual Tree Maintenance continuing services contract to
Arbogast Lawn & Tree, Inc. of Purcellville, Virginia in the amount of $41,283.88 for the Department
of Public Works and Capital Projects.
Staff Recommendation: Award the Annual Tree Maintenance continuing services contract to
Arbogast Lawn & Tree, Inc. of Purcellville, Virginia in the amount of $41,283.88 for the Department
of Public Works and Capital Projects.
Arbogast Lawn & Tree, Inc. is registered with the Virginia State Corporation Commission and is
located in Purcellville, Virginia. Arbogast held the previous Annual Tree Maintenance Services
contract with the Town from 2018 to March 2022. In addition, Arbogast has successfully completed
recent tree maintenance contracts with the Town of Purcellville and the Town of Round Hill.
Commission Recommendation: Not applicable.
Fiscal Impact: No additional funding is needed. This work is funded as a part of the Department of
Public Works and Capital Projects’ operating budget.
Town Plan Impact: None.
Executive Summary: The Department of Public Works and Capital Projects performs tree
maintenance on an annual basis. The current contract for this work expired on March 31, 2022,
and a new contract must be awarded to continue with these services. Since the total contract value
over five years exceeds $200,000, Town Council approval is required.
Background: The tree maintenance program is an integral part of the Department of Public Works
and Capital Projects work plan. This includes tree services on Town property and Town rights-of-
way, and emergency tree maintenance.
In response to a public solicitation for bids, the Town received the following bid on March 31, 2022:
Arbogast Lawn & Tree, Inc. $41,283.88
67
Item a.
Annual Tree Maintenance Services Contract Award
April 26, 2022
Page 2
The bid was evaluated by the Director of Public Works and Capital Projects and the Chief
Procurement Officer in accordance with the Town’s Procurement Policy. Arbogast Lawn & Tree,
Inc. of Purcellville, Virginia was determined to be the lowest responsive and responsible bidder.
This is a unit price contract and the quantities used for bid comparison are estimates.
The contract will be awarded for the initial one-year contract period in the amount of $41,283.88.
This contract can be renewed for up to four additional consecutive one-year periods. If all renewal
periods are executed, the total value of this contract is estimated at $206,419.40, dependent upon
annual approved budgeted amounts.
Proposed Legislation:
RESOLUTION
Awarding the Annual Tree Maintenance Services Contract to Arbogast Lawn & Tree, Inc. of
Purcellville, Virginia in the Amount of $41,283.88
Draft Motions:
1. I move to approve the proposed resolution to award the Annual Tree Maintenance continuing
services contract to Arbogast Lawn & Tree, Inc. of Purcellville, Virginia in the amount of
$41,283.88 for the Department of Public Works and Capital Projects.
2. I move to deny the proposed resolution to award the Annual Tree Maintenance continuing
services contract to Arbogast Lawn & Tree, Inc. of Purcellville, Virginia in the amount of
$41,283.88 for the Department of Public Works and Capital Projects.
OR
3. I move an alternate motion.
Attachment:
Draft Resolution
68
Item a.
PRESENTED: April 26, 2022
RESOLUTION NO. 2022- ADOPTED: ____________
A RESOLUTION : AWARDING THE ANNUAL TREE MAINTENANCE
SERVICES CONTRACT TO ARBOGAST LAWN & TREE, INC.
OF PURCELLVILLE, VIRGINIA IN THE AMOUNT OF
$41,283.88
WHEREAS, the tree maintenance program is an integral part of the work performed
by the Department of Public Works and Capital Projects; and
WHEREAS, in response to a public solicitation for bids for this Annual Tree
Maintenance Services contract, the Town received one bid on March 31, 2022 from the
following firms:
Arbogast Lawn & Tree, Inc. $41,283.88
WHEREAS, the bids were evaluated by the Director of Public Works and Capital
Projects and the Chief Procurement Officer in accordance with the Town’s Procurement
Policy; and
WHEREAS, Arbogast Lawn & Tree, Inc. of Purcellville, Virginia was determined to
be the lowest responsive and responsible bidder; and
WHEREAS, the tree maintenance services budget is funded as a part of the operating
budget for the Department of Public Works and Capital Projects; and
WHEREAS, this contract will be for an initial period of one year in the amount of
$41,283.88, and is renewable up to four additional consecutive one-year periods; and
WHEREAS, if all renewal periods are executed, the total value of this contract is
estimated at $206,419.40, dependent upon annual approved budgeted amounts; and
69
Item a.
A RESOLUTION: AWARDING THE ANNUAL TREE MAINTENANCE SERVICES
CONTRACT TO ARBOGAST LAWN & TREE, INC. OF
PURCELLVILLE, VIRGINIA IN THE AMOUNT OF $41,282.88
-2-
2022/01
WHEREAS, The Director of Public Works & Capital Projects recommends award of
the Annual Tree Maintenance Services contract to Arbogast Lawn & Tree, Inc.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
The Town Manager is authorized to execute this contract in the amount of $41,283.88 to
Arbogast Lawn & Tree, Inc. for annual tree maintenance services.
PASSED this 26th day of April, 2022.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
70
Item a.
Council Meeting Date: April 26, 2022
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: License Agreement with Shenandoah Cable Television, LLC (formerly Shentel
Communications, LLC)
Staff Contact: Christine Newton, Deputy Town Attorney
Calvin Grow, Transportation Engineer, Department of Public Works and Capital
Projects
Council Action Requested: Approval of a proposed License Agreement between the Town of
Leesburg and Shenandoah Cable Television, LLC (“Shenandoah”) for telecommunication facilities
in Town right of way.
Staff Recommendation: Approve the proposed License Agreement to authorize Shenandoah’s
continued use of the Town rights-of-way for telecommunication purposes (fiber optic cable).
Commission Recommendation: Not applicable.
Fiscal Impact: Shenandoah is a pass-through provider subject to the annual communications right-
of-way use fee set forth in Town Code Section 30-138 and Appendix B. In order to continue to utilize
the Town right of way, Shenandoah will pay an annual fee of $462.30 for each of the next five (5) years,
based upon the amount of linear feet of fiber within the right of way.
Work Plan Impact: None.
Executive Summary: Shenandoah seeks a five-year license agreement with the Town in order to
continue to operate its existing facilities in their current locations.
Background: The Town requires a License Agreement to permit outside entities to install, operate,
and maintain facilities within the Town’s right-of-way. The Town entered into a license agreement
with Shentel Communications, LLC, dated August 26, 2015, which authorized the use of the Town
right of way for a term of five years. As a result of a merger in April of 2020, Shenandoah Cable
Television, LLC is the successor to Shentel Communications, LLC, and the owner of all fiber optic
cable installed under the 2015 license agreement. The present License Agreement is required to allow
Shenandoah Cable Television, LLC (formerly Shentel Communications, LLC) to continue to
operate its existing facilities in their current locations following the expiration of the original license
agreement.
Proposed Legislation:
RESOLUTION
71
Item b.
License Agreement with Shenandoah Cable Television, LLC (formerly Shentel Communications,
LLC)
April 26, 2022
Page 2
Authorizing the Town Manager to Execute a License Agreement with Shenandoah Cable
Television, LLC (formerly Shentel Communications, LLC) for Telecommunications Facilities
within the Town’s Rights-of-Way
Draft Motions:
1. I move to approve the proposed resolution authorizing the Town Manager to execute a License
Agreement with Shenandoah Cable Television, LLC (formerly Shentel Communications, LLC)
for telecommunications facilities within the Town’s rights-of-way.
2. I move to deny the proposed resolution authorizing the Town Manager to execute a License
Agreement with Shenandoah Cable Television, LLC (formerly Shentel Communications, LLC)
for telecommunications facilities within the Town’s rights-of-way.
OR
3. I move an alternate motion.
Attachments:
1. Draft Resolution
2. Proposed License Agreement between the Town and Shenandoah Cable Television, LLC
3. Exhibit A (Route Map)
2022/01
72
Item b.
PRESENTED: April 26, 2022
RESOLUTION NO. 2022- ADOPTED: ____________
A RESOLUTION : AUTHORIZING THE TOWN MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH SHENANDOAH CABLE
TELEVISION, LLC (FORMERLY SHENTEL
COMMUNICATIONS, LLC) FOR TELECOMMUNICATIONS
FACILITIES WITHIN THE TOWN’S RIGHTS-OF-WAY
WHEREAS, a license agreement is necessary to allow the operation and maintenance
of telecommunications facilities within the Town’s rights-of-way; and
WHEREAS, the Town entered into a License Agreement with Shentel
Communications, LLC (now Shenandoah Cable Television, LLC) dated August 26, 2015; and
WHEREAS, under the License Agreement, Shenandoah Cable Television, LLC
(Shenandoah), currently owns and operates fiber optic cable within the Town’s rights-of-way,
and seeks authorization to continue to locate and operate its existing fiber optic cable in its
current locations within the Town’s rights-of-way; and
WHEREAS, the Town Attorney’s Office has negotiated a License Agreement for
Telecommunications Facilities Passing Through the Town of Leesburg, Virginia with
Shenandoah Cable Television, LLC; and
WHEREAS, the License Agreement includes an acknowledgement by Shenandoah
Cable Television, LLC that the primary use of the Town’s rights-of-way is for street purposes,
and that the construction and operation of telecommunications facilities shall not adversely
affect such property’s primary use for street purposes; and
WHEREAS, the term of the License Agreement will be five (5) years; and
WHEREAS, the terms contained in the proposed License Agreement are reasonable
and equitable and will benefit the Town and the citizens of Leesburg.
73
Item b.
A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A
LICENSE AGREEMENT WITH SHENANDOAH CABLE
TELEVISION, LLC (FORMERLY SHENTEL
COMMUNICATIONS, LLC) FOR TELECOMMUNICATIONS
FACILITIES WITHIN THE TOWN’S RIGHTS-OF-WAY
-2-
07/30/2021
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that
the Town Manager is authorized to execute the License Agreement for Telecommunications
Facilities Passing Through the Town of Leesburg, Virginia with Shenandoah Cable Television,
LLC (formerly Shentel Communications, LLC) in a form approved by the Town Attorney.
PASSED this 26th day of April, 2022.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
74
Item b.
1
LICENSE AGREEMENT
FOR TELECOMMUNICATIONS FACILITIES PASSING THROUGH
THE TOWN OF LEESBURG, VIRGINIA
THIS LICENSE AGREEMENT (“Agreement”), made and entered into this ________ day
of ________________, 2022, by and between SHENANDOAH CABLE TELEVISION, LLC
(successor by merger to Shentel Communications, LLC) (the “Provider”), a limited liability
company authorized to do business in the Commonwealth of Virginia and having a principal place
of business at 500 Shentel Way, Edinburg, Virginia 22824, and the TOWN OF LEESBURG,
VIRGINIA, a municipal corporation (“Town”), (the Provider and the Town each a “Party” and
collectively the “Parties”).
WITNESSETH
WHEREAS, the Town has previously entered into a License Agreement for
Telecommunications Facilities Passing Through the Town of Leesburg, Virginia, dated August
26, 2015 (“Original License”), which authorized the Provider (at that time, Shentel
Communications, LLC), to use certain Town Rights-of-Way and publicly owned property for
telecommunications purposes and to install, operate and maintain a fiber optic cable system that
will use the public streets within the Town to a certain extent and under certain terms and
conditions, all as set forth in the Original License and Exhibit A (Route Map) thereto; and
WHEREAS, the Provider, as successor by merger to Shentel Communications, LLC, has
requested that the Town authorize the Provider to continue to use such Town Rights-of-Way and
publicly owned property for telecommunications purposes, and to operate and maintain its existing
telecommunications facilities in their current location; and
WHEREAS, the general location and description of the telecommunications facilities to be
installed, operated and maintained within the Town’s Rights-of-Way (the “Facilities”) shall be in
accordance with certain drawings approved by the Town and attached hereto as Exhibit A (the
“Route Map”); and
WHEREAS, the Provider acknowledges that the primary use of the Town’s Rights-of-Way is
for street purposes and that the installation, operation and maintenance of the Facilities shall not
adversely affect such property’s primary use for street purposes; and
WHEREAS, the Town is willing to allow the Provider to use certain Town Rights-of-Way and
public owned property subject to the terms and conditions set forth herein.
NOW, THEREFORE, the Town and Provider, for and in consideration of the mutual promises
and covenants hereinafter contained, hereby agree and the Town hereby grants unto the Provider
for the term and upon the conditions, covenants and agreements hereinafter set forth, permission
to use the subject Rights-of-Way for the purpose of installing, operating, and maintaining the
Facilities.
75
Item b.
2
A. Conditions. The Facilities shall be, at all times, maintained, operated and repaired by the
Provider as provided herein in a safe manner satisfactory to the Town.
The rights and privileges herein granted to the Provider shall be subject to the rights or
interests held by others, if any, in and to the subject Rights-of-Way as of the date of this
Agreement. The Town makes no representations or warranties, express or implied, concerning the
extent of such rights held by others and shall have no responsibility for conflicts with others as a
result of this Agreement. The Town makes no warranties with respect to the subject Rights-of-
Way but gives the Provider permission to use such rights as are herein provided.
B. Term/Termination. Unless terminated in accordance with the provisions herein, the term
of the Agreement shall be five (5) years from the date hereof. If the Parties do not enter into a new
agreement, the Provider shall commence activities to remove its Facilities within thirty (30) days
after expiration of the Agreement at its own cost and complete removal of its Facilities within one-
hundred twenty (120) days after expiration of the Agreement. If the Provider fails to remove its
Facilities within such 120 days, the Town may undertake such removal and submit an invoice to
the Provider for removal completed by the Town. Said invoice shall be due and payable by the
Provider within ninety (90) days of the Provider’s receipt of said invoice. Notwithstanding the
foregoing, the Parties may agree to allow the Provider to abandon some or all of the Facilities to a
third party or to the Town without being required to remove such Facilities.
Should the Provider abandon or remove the Facilities without an intention to resume use
thereof for a six (6) month period of time, this Agreement shall terminate forthwith at the election
of the Town. If the Provider fails to remove its Facilities, the Town may undertake such removal
and submit an invoice to the Provider for removal completed by the Town. Said invoice shall be
due and payable by the Provider within ninety (90) days of the Provider’s receipt of said invoice.
The Town may unilaterally terminate the Agreement upon one hundred twenty (120) days’
notice in the event the Town determines, in the exercise of its reasonable good faith judgment, that
the maintenance and/or operation of the Facilities and the continuation of the license granted herein
shall adversely affect the health, safety, and welfare of the Town. In such an event, the Town
agrees to cooperate with the Provider to attempt to find other suitable space in the public Rights-
of-Way of the Town for placement of the Facilities. The Provider agrees in such cases to relocate
its Facilities at its own expense unless otherwise provided by applicable law of the Commonwealth
of Virginia and/or by an ordinance of the Town.
Termination of this Agreement shall not relieve or release the Provider or the Town from
any liability or obligation, which may have been incurred or assumed by the Provider or the Town
hereunder prior to termination.
C. Right-of-Way Application and Permit. The Provider shall pay the Town a Right-of-
Way Permit Application fee at the time it files its plans with the Town. The Right-of-Way Permit
Application fee paid pursuant to Sec. 30-2 of the Town Code shall be in addition to the other fees
required hereunder. Additionally, prior to the commencement of any construction, the Provider,
if required by the Town, shall deposit with the Town an irrevocable, unconditional letter of credit
and/or surety bond equal to 10% of the anticipated construction costs of the Provider’s facilities in
76
Item b.
3
the Rights-of-Way or public owned property or such other amount determined by the Town. Upon
completion of construction, and thereafter until the Provider’s facilities have been removed from
the Rights-of-Way or public owned property, and for one hundred twenty (120) days thereafter,
(unless the Town notifies the Provider that a reasonably longer period shall apply), Provider shall
deposit with the Town and maintain an irrevocable, unconditional letter of credit or a bond in an
amount reasonably determined by the Town. The construction bond and removal bond shall serve
as security for:
1. The faithful performance by the Provider of all terms, conditions and obligations
imposed under this Agreement, including the restoration of the Right-of-Way or public
owned property;
2. Any expenditure, damage, or loss incurred by the Town occasioned by the Provider’s
breach of this Agreement or its failure to comply with all rules, regulations, orders,
permits and other directives of the Town;
3. Payment of all compensation due to the Town, including Permit and Application Fees;
4. The payment of premiums for the liability insurance required pursuant to this
Agreement.
D. Compensation
1. The Provider shall pay to the Town for the usage of the public Right-of-Way for
telecommunications facilities the following amounts:
First Year $462.30
Second Year $462.30
Third Year $462.30
Fourth Year $462.30
Fifth Year $462.30
The annual fee shall be due to the Town within forty-five (45) days after the effective
date of this Agreement, and upon each anniversary of that date.
F. Construction Plans and Specifications. Construction of the Facilities shall be performed
in accordance with the approved construction plans approved in connection with the Right-of-Way
permit.
G. Confining Construction Activity. During construction, Provider and its contractors and
subcontractors shall confine all construction activity, including access and storage, within the
applicable areas specified on the approved Plans.
The Provider hereby agrees that the roadway and/or vehicular traffic shall not be
significantly hindered or disturbed during installation, maintenance or operation of the facilities.
Prior to construction or repair, other than “Routine Maintenance” as defined below or emergency
maintenance activities, the Provider shall notify the Town, obtain a Right-of-Way Application and
Permit, and, if necessary, proper traffic controls approved by the Town shall be installed. Except
77
Item b.
4
in an emergency, the Provider shall notify all residents affected by proposed work prior to the
commencement of such work by:
1. Mailing written notice of the Provider’s intent to commence work in the area to each
address affected by the proposed work; or
2. Hanging door placards on the doors of all affected residences and businesses at least
seven (7) days prior to commencement of such work and posting additional notices in
conspicuous places in the area of the proposed work as required to provide reasonable
notice to affected residences and business of the proposed work.
The Provider shall perform the work authorized in such Permit in accordance with all
requirements of the Town Code, and any subsequent ordinances or regulations currently in force
or that may be adopted by the Town in the future regarding excavation work.
H. Excavation. Provider shall not make or begin any excavation or other subsurface
activity within the subject Rights-of-Way without first obtaining a Right-of-Way Permit and
information concerning the possible location of any underground facility from each and every
public utility, municipal corporation, or other person having the right to bury underground
facilities.
I. Inspection of Construction. The construction of the Facilities is subject to the Town’s
inspection at all places and all reasonable times to ensure strict compliance with the terms of this
Agreement. Such inspections shall be performed in a timely manner so as not to delay the
installation of the Facilities.
J. Maintenance and Operation. Routine maintenance shall be defined as any work which
can be accomplished utilizing mechanical equipment and/or vehicles operated from a location
which is entirely behind the back of curb and in such a manner as to not encroach into the traffic
lanes or disrupt traffic flow.
Prior to commencement of any maintenance that is more extensive than routine maintenance,
except for emergency maintenance, Provider shall submit a proposed maintenance plan and
schedule to the Town for approval. The plan and schedule, at a minimum, shall provide a
description of work to be performed, a description of equipment, vehicles, work techniques and
methods to be used in connection with the maintenance or operation activity, a schedule of when
maintenance or operation work will occur with an estimate as to the length of time required to
perform the work, and such other information as the Town may need to order to evaluate the
proposed maintenance or operation activity. For emergency maintenance, Provider shall notify the
Town immediately and coordinate its activities with the Town to the extent reasonably possible
under the emergency circumstances.
Provider shall confine all such extensive maintenance and operation activities, including access
and storage, within the applicable areas specified in the approved maintenance and operation plans.
78
Item b.
5
K. Restoration. Provider shall, as soon as practicable after the completion of any extensive
maintenance activities, restore all areas disturbed during such activities. These areas shall be
restored in kind to a condition substantially the same as that which existed prior to Provider
performing such maintenance activities, and shall be restored to the reasonable satisfaction of the
Town.
L. General Responsibilities of Provider.
1. Compliance with Applicable Laws and Regulations. Provider shall construct,
operate, and maintain its Facilities and improvements to those Facilities in accordance with
all applicable federal, state, county and Town laws, orders, rules and regulations existing
on the date of this Agreement or enacted thereafter, affecting the installation, maintenance
and use of the Facilities.
2. Indemnification. Provider agrees to indemnify and hold the Town, its officers,
agents, and employees, harmless from and against all claims, losses, expenses, or suits for
injuries, death, or damages to real and/or tangible personal property caused by the acts or
omissions of Provider, its officers, agent or employees, including the cost of actual
reasonable attorney’s fees and other costs. Notwithstanding the provisions of this clause,
Provider shall not be liable for nor shall it indemnify the Town for property damage or
personal injuries caused by the acts of any third parties over which the Provider has no
control, or acts of the Town, its authorized officers, agents, and employees. The Town
shall not be liable for damage to the Facilities caused by future road improvements except
where the damage to the Facilities is caused by the negligence, gross negligence, or willful
misconduct of the Town.
3. Disclaimer of Consequential Damages. Notwithstanding any other provision of
this Agreement, in no event shall either party be liable for consequential, incidental,
punitive, exemplary, or similar damages under this Agreement.
4. Relocation of Facilities. Whenever the Town shall determine that it is necessary in
connection with the repair, relocation, or improvement of the public Rights-of-Way, the
Town may require by written notification that any properties or facilities of the Provider
be removed or relocated. Within thirty (30) days after receipt of notification, unless the
Town extends such period for good cause shown, the Provider shall remove or relocate its
facilities to such place and under such terms and conditions as specified by the Town. The
Provider shall bear all costs and expenses associated with the removal and relocation of its
Facilities except that the Town will issue, without charge to the Provider, whatever local
permits are required for the relocation of the Provider’s Facilities. If the Provider does not
complete its removal or relocation within sixty (60) days or such other period as authorized
by the Town, the Town may take such actions as necessary to effect such removal or
relocation at the Provider’s expense. Further, the Provider will be responsible for any
additional costs and expenses incurred by the Town as a result of the Provider’s failure to
remove or relocate its Facilities as required herein.
5. Title VI Compliance.
79
Item b.
6
(a) Provider, for itself and its successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that (1) no person on the ground
of race, color, or national origin, will be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said Facilities, (2)
that in the construction of any improvements on, over, or under the Town rights of way,
and the furnishing of services thereon, no person on the ground of race, color, or
national origin, will be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, (3) that the Provider will use the premises in
compliance with all other requirements imposed by or pursuant to the following federal
laws and regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et
seq., 78 stat. 252); 49 C.F.R. Part 21 (entitled Nondiscrimination In Federally-Assisted
Programs Of The Department Of Transportation – Effectuation of Title VI Of The Civil
Rights Act Of 1964); and 28 C.F.R. section 50.3 (U.S. Department of Justice
Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964).
(b) In the event of breach of any of the above Nondiscrimination covenants, the
Town will have the right to terminate the license granted herein.
M. Insurance. Provider shall maintain general liability insurance in the amount of Two Million
Dollars ($2,000,000) and shall provide to the Town simultaneously with the execution hereof, a
certificate of insurance for such policy, which shall name the Town as an additional insured
thereon.
N. Notices. Notices under the Agreement shall be deemed to be properly served if delivered
in person or in writing by certified mail, with return receipt requested, to the following addresses
or such other places as the parties reasonably designate:
To the Town:
Director of Public Works & Capital Projects
The Town of Leesburg
25 W. Market St.
Leesburg, Virginia 20176
With a copy to:
Town Manager
Town of Leesburg
25 W. Market St.
Leesburg, VA 20176
To Licensee:
VP – OSP Engineering & Construction
Shenandoah Cable Television, LLC
500 Shentel Way
80
Item b.
7
Edinburg, VA 22824
In addition to the foregoing, Provider will provide the name and contact person and an
emergency telephone number for maintenance of the Facilities. As of the date this Agreement is
executed, the Provider’s emergency contact number is (540) 984-5531, which may be amended by
Provider from time-to-time upon written notice.
O. No Waiver. Nothing contained in the Agreement shall be deemed to waive the requirement
of the various codes, regulations, resolutions, and statutes regarding permits, fees to be paid, or
manner of construction, operation, or maintenance, including without limitation, the Town’s
Right-of-Way permit requirements to work within the Right-of-Way.
P. Assignment. No assignment of this Agreement or any rights hereunder shall be made
without the prior written consent of the Town. However, the Town shall not unreasonably delay,
condition, or refuse its consent to any such assignment by the Provider, upon written request by
the Provider.
Q. Entire License. This Agreement (and Exhibit 1 incorporated herein) embodies the entire
agreement between the Town and the Provider with respect to the subject matter hereof. It is not
to be modified or terminated except as provided herein or by any written agreements signed by the
authorized representatives of both parties. If any provision herein is invalid it shall be considered
deleted and shall not invalidate the remaining provisions.
R. Amendment of Agreement; Changes to Facilities. The Provider shall not expand or extend
or change the location of any portion of its Facilities without approval from the Town
Transportation Engineer and a written amendment to this License signed by both Parties. All
additional Facilities or changes to the Route Map attached hereto as Exhibit A shall be subject to
the Town’s Communications Right of Way License Review and Inspection Fee, in the amount of
Five Thousand Dollars ($5,000.00), which shall compensate the Town to evaluate the route, and
coordinate with other providers and other agencies, regarding the route, plans and plats submitted
by the Provider.
S. Applicable Law. The parties agree that this Agreement will be governed by the laws of the
Commonwealth of Virginia and shall be binding upon the parties and their respective-successors
and/or assigns.
[Signatures appear on the following page]
81
Item b.
8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and
year first written above.
SHENANDOAH CABLE TELEVISION, LLC
By_________________________________
Dan Meenan
Vice President – OSP Engineering & Construction
Date________________________________
THE TOWN OF LEESBURG
By_________________________________
Kaj Dentler
Town Manager
Date________________________________
82
Item b.
9
Exhibit A
Route Map
83
Item b.
84Item b.
Council Meeting Date: April 26, 2022
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Replacement of Solids Handling Building Roof at the Water Pollution Control Facility
Staff Contact: Amy Wyks, P.E., Director of Utilities
Octavia Andrew, Chief Procurement Officer, Finance & Administrative Services
Council Action Requested: Award the construction contract for the Solids Handling Building
Roof Replacement Project at the Water Pollution Control Facility to Northeast Contracting
Corporation in the amount of $379,000.
Staff Recommendation: Award the construction contract for the Water Pollution Control Facility
Solids Handling Building Roof Replacement Project to Northeast Contracting Corporation in the
amount of $379,000.
Northeast Contracting Corporation is a family-owned business based in Lorton, VA that has
provided commercial improvement services in the District of Columbia, Florida, Maryland, and
Virginia since 1994. They are licensed in Virginia as a Class A contractor and specialize in
professional roofing installation, repair, and maintenance work.
Commission Recommendation: Not applicable.
Fiscal Impact: No additional funding is needed as sufficient funding is available in the 3-R (Repair,
Replacement and Rehabilitation) program in the adopted Fiscal Year 2022 Department of Utilities
budget.
Work Plan Impact: This project is part of the current work plan for the 3-R program for the Department
of Utilities.
Town Plan Impact: This project meets the goals and objectives of Strategy 2.4.2 of the Town Plan
by proactively ensuring that wastewater solids handling activities continue to be performed
efficiently and without the disruption that failures in the existing, older roofing system could bring.
Executive Summary: The Water Pollution Control Facility Solids Handling Building Roof
Replacement Project was identified as a need during routine operational and preventive maintenance
inspections of the facility. This type of work is designated as part of the scheduled replacement of
aging wastewater facility assets within the Town-wide Utilities 3-R program.
Background: The Water Pollution Control Facility Solids Handling Building Roof Replacement
Project constitutes on-going upkeep of wastewater treatment facility assets as included in the Town-
wide Utilities 3-R program. This project provides for replacement of the existing building roof with
85
Item c.
Replacement of Solids Handling Building Roof at the Water Pollution Control Facility
April 26, 2022
Page 2
a like-new, complete, and well-functioning roofing system. The current roof was part of the original
construction of the building which is over 20 years old. The work will include general roof cleaning,
preparation for and application of roof coating; and replacement, refinishing and modification of
membrane flashing, counter flashing, coping and related roof appurtenances.
In response to a public solicitation for the construction of the Water Pollution Control Facility Solids
Handling Building Roof Replacement Project, the Town received three bids on March 29, 2022, as
follows:
Northeast Contracting Corp. $379,000
CPP Construction Company, Inc. $434,000
Ruff Roofers, Inc. $796,000
The bids were evaluated by the Director of the Department of Utilities and the Chief Procurement
Officer in accordance with the Town’s Procurement Policy. Northeast Contracting Corporation of
Lorton, VA was determined to be the lowest responsive and responsible bidder.
This is a unit price contract. The estimated quantities multiplied by the unit price have established
the not-to-exceed contract price. Change order procedures are detailed in the bid specifications.
Construction is anticipated to begin in Spring 2022 and be completed by Fall 2022.
Proposed Legislation:
RESOLUTION
Awarding the Construction Contract for the Solids Handling Building Roof Replacement Project at
the Water Pollution Control Facility to Northeast Contracting Corporation in the amount of
$379,000
Draft Motions:
1. I move to approve the proposed Resolution to award a construction contract for the Water
Pollution Control Facility Solids Handling Building Roof Replacement Project to Northeast
Contracting Corporation in the Amount of $379,000.
2. I move to deny the proposed Resolution to award a construction contact for the Water
Pollution Control Facility Solids Handling Building Roof Replacement Project to Northeast
Contracting Corporation in the Amount of $379,000.
OR
3. I move to take an alternate motion.
Attachment:
Draft Resolution
86
Item c.
PRESENTED: April 26, 2022
RESOLUTION NO. 2022- ADOPTED: ____________
A RESOLUTION : AWARDING THE CONSTRUCTION CONTRACT FOR THE
SOLIDS HANDLING BUILDING ROOF REPLACEMENT
PROJECT AT THE WATER POLLUTION CONTROL FACILITY
TO NORTHEAST CONTRACTING CORPORATION IN THE
AMOUNT OF $379,000
WHEREAS, the Town of Leesburg (“the Town”) owns and operates a wastewater
treatment plant, which is called the Water Pollution Control Facility (WPCF); and
WHEREAS, the WPCF includes a Solids Handling Building, which is where
thickened, stabilized sludge is dewatered and converted to biosolids; and
WHEREAS, the roof of the Solids Handling Building is now over twenty years old and
requires replacement; and
WHEREAS, there is sufficient Fiscal Year 2022 appropriation within the Utilities 3-R
(Repair, Replacement and Rehabilitation) program available; and
WHEREAS, no additional funding is needed to award this contract; and
WHEREAS, in response to a public solicitation for construction bids for the WPCF
Solids Handling Building Roof Replacement project, the Town received three bids on March
29, 2022, as follows:
Northeast Contracting Corp. $379,000
CPP Construction Company, Inc. $434,000
Ruff Roofers, Inc. $796,000
WHEREAS, the bids were evaluated by the Director of the Department of Utilities and
the Chief Procurement Officer in accordance with the Town’s Procurement Policy; and
WHEREAS, Northeast Contracting Corporation was determined to be the lowest
responsive and responsible bidder; and
87
Item c.
A RESOLUTION: AWARDING THE CONSTRUCTION CONTRACT FOR THE
SOLIDS HANDLING BUILDING ROOF REPLACEMENT
PROJECT AT THE WATER POLLUTION CONTROL FACILITY
TO NORTHEAST CONTRACTING CORPORATION IN THE
AMOUNT OF $379,000
-2-
2022/01
WHEREAS, this is a unit price contract and the estimated quantities multiplied by the
unit price have established the not-to-exceed contract price; and
WHEREAS, change order procedures are detailed in the bid specifications; and
WHEREAS no additional funding is needed to award this contract.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
1. The Town Manager is authorized to execute a contract, in a form approved by the
Town Attorney, with Northeast Contracting Corporation in the amount of $379,000
for the Solids Handling Building Roof Replacement project at the Water Pollution
Control Facility.
PASSED this 26th day of April, 2022.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
88
Item c.
Council Meeting Date: April 26, 2022
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Cattail Branch Sewer Pump Station Phase III Upgrade Project
Staff Contact: Amy Wyks, P.E., Director, Utilities
Renée LaFollette, P.E., Director, Public Works & Capital Projects
Octavia Andrew, Chief Procurement Officer, Finance & Administrative Services
Council Action Requested: Award the construction contract for the Cattail Branch Sewer Pump
Station Phase III Upgrade Project to EMH Environmental, Inc. in the amount of $2,198,500.
Staff Recommendation: Award the construction contract for the Cattail Branch Sewer Pump Station
Phase III Upgrade Project to EMH Environmental, Inc. in the amount of $2,198,500.
EMH Environmental, Inc. is registered with the Virginia State Corporation Commission and is
authorized to conduct business within the Commonwealth of Virginia. Incorporated in 1990, EMH
Environmental, Inc. is a construction contractor serving the Mid-Atlantic region and headquartered
in Glenwood, Maryland. They specialize in the construction, repair and maintenance of major
mechanical systems of water and wastewater plants and facilities.
Commission Recommendation: None.
Fiscal Impact: The fully funded Cattail Branch Sewer Pump Station Phase III Upgrade Project is
part of the Town-wide Sanitary Sewer Pump Station Upgrades project and is an approved project in the
Fiscal Year 2022-2027 Capital Improvements Program (CIP). The amount of $2,198,500 will be
expended from the Fiscal Year 2022 funds. No additional appropriation is necessary.
Work Plan Impact: This project is part of the current work plan for the Departments of Utilities and
Capital Projects.
Town Plan Impact: This project meets the goals and objectives of Strategy 2.4.2 of the Town Plan
by proactively ensuring that efficient sanitary sewer pump station operations are maintained,
thereby accommodating present and future capacity needs.
Executive Summary: The Cattail Branch Sewer Pump Station Phase III Upgrade Project is part of
the scheduled rehabilitation of aging sanitary sewer assets for the Town-wide Sanitary Sewer Pump
Station Upgrades project.
Background: The Town-wide Sanitary Sewer Pump Station Upgrades project constitutes the on-going
maintenance and repair of sanitary sewer assets. This project partially rehabilitates the Cattail
Branch Sewer Pump Station by replacing two submersible pumps and adding four new 200-
89
Item d.
Cattail Branch Sewer Pump Station Phase III Upgrade Project
April 26, 2022
Page 2
horsepower variable frequency drives and an odor control system. Improved operational efficiency
of the sanitary sewer pump stations, as this project will afford, typically results in reduced
maintenance and treatment costs and improved reliability of the sanitary sewer collection systems.
In response to a public solicitation for the construction of the Cattail Branch Sewer Pump Station
Phase III Upgrade Project, the Town received three bids on March 17, 2022, as follows:
Norair Engineering Corp. $2,144,250
EMH Environmental, Inc. $2,198,500
CPP Construction Company, Inc. $2,627,000
The bids were evaluated by the Director of the Department of Utilities and the Chief Procurement
Officer in accordance with the Town’s Procurement Policy. Norair Engineering Corp. was deemed
non-responsive for failure to submit a bid that conformed with the requirements of the solicitation.
EMH Environmental, Inc. of Glenwood, Maryland was determined to be the lowest responsive and
responsible bidder.
This is a unit price contract. The estimated quantities multiplied by the unit price have established
the not-to-exceed contract price. Change order procedures are detailed in the bid specifications.
Construction is anticipated to begin in Spring 2022 and be completed by Summer 2023.
Proposed Legislation:
RESOLUTION
Awarding the Construction Contract for the Cattail Branch Sewer Pump Station Phase III Upgrade
Project to EMH Environmental, Inc. in the amount of $2,198,500
Draft Motions:
1. I move to approve the proposed Resolution to award a construction contract for the Cattail
Branch Sewer Pump Station Phase III Upgrade Project to EMH Environmental, Inc. in the
Amount of $2,198,500.
2. I move to deny the proposed Resolution to award a construction contact for the Cattail Branch
Sewer Pump Station Phase III Upgrade Project to EMH Environmental, Inc. in the Amount of
$2,198,500.
OR
3. I move an alternate motion.
Attachment:
Draft Resolution
90
Item d.
PRESENTED: April 26, 2022
RESOLUTION NO. 2022- ADOPTED: ____________
A RESOLUTION : AWARDING THE CONSTRUCTION CONTRACT FOR THE
CATTAIL BRANCH SEWER PUMP STATION PHASE III
UPGRADE PROJECT TO EMH ENVIRONMENTAL, INC. IN
THE AMOUNT OF $2,198,500
WHEREAS, the Cattail Branch Sewer Pump Station Phase III Upgrade project is part
of the Town-wide Sanitary Sewer Pump Station Upgrades project, which is a funded capital
project; and
WHEREAS, this contract award is for the partial rehabilitation of a Sewer Pump
Station, including two new dry pit submersible pumps, four new 200-horsepower variable
frequency drives, an odor control system and related appurtenances. The work necessitates the
installation of temporary bypass equipment to ensure continuous operation of the pump
station; and
WHEREAS, in response to a public solicitation for construction bids for the Cattail
Branch Sewer Pump Station Phase III Upgrade project, the Town received three bids on March
17, 2022, as follows:
Norair Engineering Corp. $2,144,250
EMH Environmental, Inc. $2,198,500
CPP Construction Company, Inc. $2,627,000
WHEREAS, the bids were evaluated by the Director of the Department of Utilities and
the Chief Procurement Officer in accordance with the Town’s Procurement Policy; and
WHEREAS, Norair Engineering Corp was deemed non-responsive for failure to submit
a bid that conformed with the requirements of the solicitation; and
WHEREAS, EMH Environmental, Inc. was determined to be the lowest responsive
and responsible bidder; and
91
Item d.
A RESOLUTION: AWARDING THE CONSTRUCTION CONTRACT FOR THE
CATTAIL BRANCH SEWER PUMP STATION PHASE III
UPGRADE PROJECT TO EMH ENVIRONMENTAL, INC. IN THE
AMOUNT OF $2,198,500
-2-
2022/01
WHEREAS, this is a unit price contract and the estimated quantities multiplied by the
unit price have established the not-to-exceed contract price; and
WHEREAS, change order procedures are detailed in the bid specifications; and
WHEREAS no additional funding is needed to award this contract.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
1. The Town Manager is authorized to execute a contract, in a form approved by the
Town Attorney, with EMH Environmental, Inc. in the amount of $2,198,500 for the
Cattail Branch Sewer Pump Station Phase III Upgrade project.
PASSED this 26th day of April, 2022.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
92
Item d.
Council Meeting Date: April 26, 2022
TOWN OF LEESBURG
TOWN COUNCIL MEETING
Subject: Airport North Hangars Project - Construction Contract Award
Staff Contact: Renée LaFollette, Director of Public Works & Capital Projects
Scott Coffman, Airport Director
Phil Jones, P.E., Assistant Director of Capital Projects
Octavia Andrew, Chief Procurement Officer
Cole Fazenbaker, Management and Budget Officer
Council Action Requested:
1. Amend the Airport North Hangars Project in the Fiscal Year 2023-2028 Capital
Improvements Program to include an additional $1,332,000 of funding due to increased
cost of site work and to remove the construction of corporate hangar from the scope of
work.
2. Approve a supplemental appropriation of $1,332,130 for the Airport North Hangars site
work using federal and state funding.
3. Award a construction contract in the amount of $8,020,214.92, to Crisak, LLC for the
Airport North Hangars project (site work and the T-Hangar) and authorize the Town
Manager to sign the contract.
Staff Recommendation:
1. Amend the Airport North Hangars Project in the Fiscal Year 2023-2028 Capital
Improvements Program to include an additional $1,332,000 of funding due to increased
cost of site work and to remove the construction of corporate hangar from the scope of
work.
2. Approve a supplemental appropriation of $1,332,130 for the Airport North Hangars site
work using federal and state funding.
3. Award a construction contract in the amount of $8,020,214.92, to Crisak, LLC for the
Airport North Hangars project (site work and the T-Hangar) and authorize the Town
Manager to sign the contract.
Commission Recommendation: The Airport Commission recommends completion of the Airport
North Hangars project as a part of the Town’s Capital Improvements Program.
Fiscal Impact: No additional local Town funding sources are being requested for this project. A
supplemental appropriation $1,332,130 is being requested to be funded by the Federal Aviation
Administration (FAA) ($1,305,800) and the Department of Aviation (DOAV) ($26,330). The table
below shows the Fiscal Year 2023-2028 Capital Improvements Program (CIP) funding sources for
the project.
93
Item e.
Airport North Hangars – Construction Contract Award
April 26, 2022
Page 2
Budget FAA Grant DOAV Grant Town Funds Total
Adopted FY 2023 CIP $4,218,200 $239,700 $4,471,000 $8,929,000
Additional Funds Needed $1,305,800 $26,330 $0 $1,332,130
Revised CIP $5,524,000 $266,030 $4,471,100 $10,261,130
Adopted Budget provided $800,000 for contingency. Revised Budget will increase contingency to $989,545.
The additional FAA funding sources requested will come from the Bipartisan Infrastructure Law
(BIL) Airport Infrastructure Grant program. This FAA grant program entitles the Leesburg
Executive Airport to receive $763,000 per year for five years towards eligible projects, including the
Airport North Hangars project. The DOAV grant is also expected to increase by $26,330 to provide
80% of the revised construction cost for DOAV eligible activities.
With the additional grant funds from FAA and DOAV, the base bid project to complete the site
work and the T-Hangar is fully funded. There are not sufficient funds to award the bid additive to
construct the corporate Hangar, therefore the contract to be awarded will complete the site work
and the T-Hangars only.
Work Plan Impact: This contract is part of the current work plan for the Department of Public
Works and Capital Projects and the Airport.
Town Plan Impact: Transportation Objective 6 of the Town Plan calls for promotion and protection
of the Leesburg Executive Airport as a primary reliever airport within the regional air transportation
system. The 2018 Airport Master Plan recommends construction of the North Hangar project to
replace hangar capacity to be lost during the future Airport Parallel Taxiway Relocation CIP project.
Executive Summary: The Airport North Hangars project is an approved capital project in the
Adopted Fiscal Year 2023-2028 Capital Improvements Program (CIP). The North Hangar project
will develop 11 new tie-down spaces, 26 T-hangar units. A three-unit corporate box hangar pad site
will be building ready and a 180 x 80-foot future executive hangar building pad site will be available
for future development on the northeast corner of the airport property. The original scope had
construction of the corporate hangar building, but due to cost, the scope changed to providing the
build-ready pad site. The Airport North Hangars project will include taxiway connectors, aprons,
storm drainage with nutrient treatment onsite, and the utilities necessary to serve the facilities.
In response to a public solicitation for the construction of the Airport North Hangars project, the
Town received bids on March 29, 2022, for the construction of the improvements. The base bid
included the site work and the construction of the 26 T-Hangar units. The bids received were
evaluated by the Director of Public Works and Capital Projects and the Chief Procurement Officer
in accordance with the contract requirements. Town staff determined that the base bid totaling
$8,020,214.92 by Crisak, LLC met the contract requirements, and was the lowest responsive and
responsible bidder. Crisak LLC is a local company with recent experience constructing aircraft
hangars at Leesburg and other airports.
In addition to the construction contract, the engineering and inspection services will be provided by
CDI Infrastructure, LLC dba L.R. Kimball in the amount of $520,457 as a previously approved task
order utilizing their on-call contract with the Town. Construction Administration services will be
94
Item e.
Airport North Hangars – Construction Contract Award
April 26, 2022
Page 3
provided by Talbert & Bright in the amount of $182,972.69 as a previously approved task order
utilizing their on-call contract with the Town. These services protect the Town’s interest by
inspecting the work being done and confirming conformance of submittals with the design drawings.
Both contracts are eligible for partial reimbursement through both the FAA and DOAV grants for
the work eligible for grant funds.
With approval of a contract, construction improvements are expected to begin this summer with
completion by summer 2023.
Background: The Leesburg Executive Airport Master Plan Update, dated December 2018,
identified that three hangars, containing 28 T-hangar units, are located within the Runway Object
Free Area (ROFA) and need to be removed in order to meet FAA airport design standards. The
future Airport Parallel Taxiway Relocation project (project no. 23002 in the Town’s Fiscal Year
2023-2028 Capital Improvements Program) will remove these three hangars as part of the taxiway
relocation. Federal Aviation Administration (FAA) and Virginia Department of Aviation (DOAV)
grant funds have been awarded to the airport to develop the North Hangars aprons, taxiway
connector, and storm drainage to support the replacement hangar buildings.
The airport does not currently meet FAA design standards for (1) Runway-to-Taxiway Separation,
and (2) Runway Object Free Area. This project will replace aircraft storage capacity to be lost when
28 T-hangar units are demolished during the future Airport Parallel Taxiway Relocation project.
Compliance with FAA design standards is necessary for airport safety and ensuring the Town is
eligible for future FAA funding.
In response to a public solicitation for the construction of the Airport North Hangars project, the
Town received four responsive bids on March 29, 2022. The Base Bid included the construction of
the site work and the T-Hangars. Construction of the three-unit Corporate Hangars was identified
as a Bid Additive that could only be included in the contract if sufficient funds were available for
the project. The base bids for the four bids received are listed below:
Contractor Base Bid
Crisak, LLC $8,020,214.92
Cooper Building Services LLC $10,831,197.00
Kiewit Infrastructure South Co. $10,963,311.05
Meridian Construction Co Inc $11,060,189.21
The construction bid is a unit price contract. The estimated quantities multiplied by the unit price
establishes the contract price. The bids were evaluated by the Director of Public Works and Capital
Projects and the Chief Procurement Officer in accordance with the contract requirements. Town
staff determined that the base bid by Crisak, LLC of $8,020,214.92 met the contract requirements,
and was the lowest responsive and responsible bidder and with the appropriation of the additional
grant funds, there are sufficient funds to complete this work. Sufficient funds are not available for
the bid additive to complete the three-unit corporate hangar. Engineering and inspections services
will be provided through already approved and executed task orders with CCI-Infrastructure, LLC
dba L.R. Kimball for a total cost of $520,457. Construction administration services will be provided
through already approved task orders with Talbert and Bright for a total cost of $182,972.69.
95
Item e.
Airport North Hangars – Construction Contract Award
April 26, 2022
Page 4
Proposed Legislation:
RESOLUTION
Award a Contract to Crisak, LLC in the amount of $8,020,214.92 for Construction of the Airport
North Hangars Project
Draft Motions:
1. I move to approve the proposed resolution to:
(1) Amend the Airport North Hangars Project in the Fiscal Year 2023-2028 Capital
Improvements Program to include an additional $1,332,000 due to increased cost of site
work and to remove the construction of corporate hangar to the scope of work.
(2) Approve a supplemental appropriation of $1,332,130 for the Airport North Hangars site
work using federal and state funding.
(3) Award a construction contract in the amount of $8,020,214.92, to Crisak, LLC for the
Airport North Hangars project (site work and the T-Hangar) and authorize the Town
Manager to sign the contract.
OR
2. I move to deny the proposed resolution to:
(1) Amend the Airport North Hangars Project in the Fiscal Year 2023-2028 Capital
Improvements Program to include an additional $1,332,000 due to increased cost of site
work and to remove the construction of corporate hangar to the scope of work.
(2) Approve a supplemental appropriation of $1,332,130 for the Airport North Hangars site
work using federal and state funding.
(3) Award a construction contract in the amount of $8,020,214.92, to Crisak, LLC for the
Airport North Hangars project (site work and the T-Hangar) and authorize the Town
Manager to sign the contract.
OR
3. I move an alternate motion.
Attachments:
1. Draft resolution: Construction Contract Award
2. Fiscal Year 2023-2028 CIP Airport North Hangars Project page
2022/03
96
Item e.
PRESENTED: April 26, 2022
RESOLUTION NO. 2022- ADOPTED: ____________
A RESOLUTION : AWARD A CONTRACT TO CRISAK, LLC IN THE AMOUNT
OF $8,020,214.92 FOR CONSTRUCTION OF THE AIRPORT
NORTH HANGARS PROJECT
WHEREAS, the Leesburg Executive Airport Master Plan Update dated December
2018 identified three existing condo units (28 hangars) that are located within the runway object
free area (ROFA), and need to be removed in order to meet the Federal Aviation
Administration airport design requirements, and
WHEREAS, the Airport North Hangars project will create 11 new tie-down spaces, 26
T-Hangars, a 180 foot by 60 foot hangar site, and a 180 foot by 80 foot hangar site on the
northeast corner of the airport property to replace the loss of 28 hangars as identified in the
Master Plan in order to comply with Federal Aviation Administration runway separation
design standards; and
WHEREAS, the Airport North Hangars project is an approved project in the Fiscal
Year 2023-2028 Capital Improvements Program totaling $8,929,000; and
WHEREAS, in response to a public solicitation for bids for construction of the Airport
North Hangars project, the Town received four responsive bids on March 29, 2022 as shown
below with the Total Base Bid amount:
Crisak, LLC. $ 8,020,214.92
Cooper Building Services LLC $10,831,197.00
Kiewit Infrastructure South Co $10,963,311.05
Meridian Construction Co Inc $11,060,189.21
WHEREAS, the base bids were evaluated by the Director of Public Works and the
Chief Procurement Officer in accordance with the Town Procurement Policy; and
97
Item e.
A RESOLUTION: AWARD A CONTRACT TO CRISAK, LLC IN THE AMOUNT OF
$8,020,214.92 FOR CONSTRUCTION OF THE AIRPORT NORTH
HANGARS PROJECT
-2-
WHEREAS, Crisak, LLC was determined the lowest responsive and responsible
bidder; and
WHEREAS, this is a unit price contract, and the estimated quantities multiplied by the
unit price have established the contract price; and
WHEREAS, change order procedures are detailed in the bid specifications; and
WHEREAS, the Director of Public Works and Capital Projects recommends awarding
the construction contract to Crisak, LLC; and
WHEREAS, the Federal Aviation Administration (FAA) has reviewed the bids,
concurs with the award, has previously approved grant funding in the amount of $228,200
towards the design cost and $3,990,000 towards the construction cost, and has advised the
Town of the eligibility of this project for additional funds through the Bi-Partisan Infrastructure
Law as entitlement funds to the airport with $763,000 immediately available for application
with expected award in July 2022 and the additional needed $542,800 to be available for
application in October 2022 with an expected award in December 2022 ; and
WHEREAS, the Virginia Department of Aviation (DOAV) has reviewed the bids and
concurs with the award; has previously approved grant funding in the amount of $34,900
towards the design cost; and has awarded an additional $204,800 towards funding the non-
FAA eligible but DOAV eligible portion of construction, engineering/inspection services and
this grant award is expected to increase by $26,330 to provide 80% of the revised construction
costs for DOAV eligible activities; and
WHEREAS, a supplemental appropriation of $1,332,130 is needed in addition to the
currently budgeted $4,218,200 Federal Aviation Administration funding and $239,700
98
Item e.
A RESOLUTION: AWARD A CONTRACT TO CRISAK, LLC IN THE AMOUNT OF
$8,020,214.92 FOR CONSTRUCTION OF THE AIRPORT NORTH
HANGARS PROJECT
-3-
Department of Aviation for the Airport North Hangars Project to award the proposed task
order contract; and
WHEREAS, the Airport Director supports the recommendation to award a
construction contract to Crisak, LLC for the Airport North Hangars Project ahead of the
application for the expected additional grant funds from Federal Aviation Administration
(FAA) and Virginia Department of Aviation (DOAV) in order to remain within the 60 day
award window listed in the bid documents that the contractor must hold their bid price.
THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia as
follows:
1. Amend the Airport North Hangars Project in the Fiscal Year 2023-2028 Capital
Improvements Program to include an additional $1,332,000 of funding due to
increased cost of site work and to remove the construction of corporate hangar to
the scope of work.
2. A supplemental appropriation is hereby made in the amount of $1,332,130 for the
Airport North Hangars project to the Capital Projects Fund for the fiscal year
beginning July 1, 2021 and ending June 30, 2022 using a funding source of
$1,305,800 from the Federal Aviation Administration and $26,330 from the
Department of Aviation. Any unspent appropriation will hereby carried forward to
subsequent fiscal years.
3. The Town Manager is hereby authorized to execute a contract in a form approved
by the Town Attorney with Crisak, LLC in the amount of $8,020,214.92 for the
construction of the Airport North Hangars project.
99
Item e.
A RESOLUTION: AWARD A CONTRACT TO CRISAK, LLC IN THE AMOUNT OF
$8,020,214.92 FOR CONSTRUCTION OF THE AIRPORT NORTH
HANGARS PROJECT
-4-
2022/01
PASSED this 26th day of April, 2022.
______________________________
Kelly Burk, Mayor
Town of Leesburg
ATTEST:
______________________________
Clerk of Council
100
Item e.
TITLE: Airport North Hangars (19002)
STATUS: Ongoing
LOCATION: Leesburg Executive Airport
PROGRAM DESCRIPTION: This project will develop 11 new tie-
down spaces, 26 new T-hangars, three corporate box hangars and a
future 180' x 80' future building parcel on the northeast corner of the
airport property. The project will replace a loss of hangar capacity due to
the planned demolition of three old T-hangar buildings in order to
comply with Federal Aviation Administration (FAA) runway-separation
design standards. The project will include construction of an aircraft
taxiway connector, aprons, storm drainage with nutrient treatment onsite,
and utilities necessary to serve the facilities. Funding participation is
anticipated from the FAA and the Virginia Department of Aviation
(DOAV) for eligible portions of site work and paving; however, timing
and final amounts are to be determined. This project is in accordance
with the 2019 Airport Master Plan.
OPERATING IMPACT: Minimal electric costs.
GOAL ADDRESSED: 2012 Town Plan • Transportation Objective 6
calls for promotion and protection of the Leesburg Executive Airport as
a primary reliever airport within the regional air transportation system.
2019 Airport Master Plan • Recommends construction of corporate and
T-hangars to meet aircraft parking demand.
PROJECT
START
ESTIMATED
COMPLETION
Fall 2019 Fall 2023
Significant Dates
Funding Sources
Sources
Total RequiredProjectFunding
Funded through 6/30/22 2023 2024 2025 2026 2027 2028 Total for 6Yr CIP
FutureFundsRequired
GO Bonds $4,369,100 4,344,100 $20,000 $5,000 ---- $25,000 -
PAY-GO 102,000 102,000 --------
State- DOAV 239,700 239,700 --------
Federal- FAA 4,218,200 4,218,200 --------
Total Sources $8,929,000 $8,904,000 $20,000 $5,000 $— $— $— $— $25,000 $—
Planned Uses
Uses
Total
Project
Cost
Expended
through
6/30/22 2023 2024 2025 2026 2027 2028
Total for 6
Yr CIP
Future
Project
Cost
Project
Management $156,000 $131,000 $20,000 $5,000 ---- $25,000 -
Design/
Engineering 320,000 320,000 --------
Construction 8,453,000 8,453,000 --------
Total Uses $8,929,000 $8,904,000 $20,000 $5,000 $— $— $— $— $25,000 $—
Operating Impact
Operating/Maintenance 2023 2024 2025 2026 2027 2028
Electricity $—$800 $800 $800 $800 $800
General Maintenance — 2,200 2,200 2,200 2,200 2,200
Total Impact $—$3,000 $3,000 $3,000 $3,000 $3,000
Airport Capital Improvements Program
Town of Leesburg, VA - 227 - FY 2023 Budget
101
Item e.
The Town of
Leesburg,
o
rginia PRESENTED: April 12, 2022
RESOLUTION NO. 2022-047 ADOPTED: April 12, 2022
A RESOLUTION: APPOINTING PAUL COYER TO THE THOMAS BALCH
LIBRARY COMMISSION AND REPLACING MARTHA
SCHONBERGER
WHEREAS,participation by public-spirited citizens on town boards, commissions, and
committees is vital to the success of town government and the democratic process; and
WHEREAS, boards, commissions, and committees serve an indispensable role in
providing recommendations concerning town policy and programs; and
WHEREAS, Council desires to appoint effective individuals to serve at its will and
pleasure on these advisory boards; and
WHEREAS, terms of Boards and Commissions members correspond to the term of the
Council Member who holds the vacancy; and
WHEREAS, regular attendance by, the appointed members of those boards and
commissions is essential to the proper operation and function thereof and to fulfilling their
respective statutory mandates; and
WHEREAS, on April 12, 2022, Council voted to appoint Paul Coyer to replace Martha
Schonberger, if and only if,Ms. Schonberger is no longer able to serve and either resigns and/or
misses three consecutive Commission meetings; and
WHEREAS, this appointment belongs to Council Member Nacy; and
WHEREAS, membership on the Thomas Balch Library Commission shall consist of
anyone with a stated interest in the Thomas Balch Library and not less than four members shall
be residents of the town. There are presently four town residents on the Thomas Balch Library
Commission.
102
Item f.
2-
A RESOLUTION: APPOINTING PAUL COYER TO THE THOMAS BALCH
LIBRARY COMMISSION AND REPLACING MARTHA
SCHONBERGER
THEREFORE, RESOLVED, that the Council of the Town of Leesburg in Virginia
hereby appoints Paul Coyer to the Thomas Balch Library Commission to a term ending on
December 31, 2024, to replace Martha Schonberger if, and only if, Ms. Schonberger is no
longer able to serve and either resigns and/or misses three consecutive Commission meetings.
PASSED this 12th day of April, 2022.
Kelly B rk,or
Town of Leesburg
ATTEST:
OJAI
Deputy Clerk of Co c
103
Item f.
COUNCIL ACTIONS CALENDARTentative/Subject to Change
MeetingDate MeetingType Name SubmittedBy
04/11/2022 Town Council Work Session DISCUSSION: Police Citizen Task Force Report Belote, Tara
DISCUSSION: Topics for Joint Meeting with BOS Belote, Tara
INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
INFORMATION MEMO: Update on BAR Survey Results & Historic District Mailing Cicalese, Karen
DISCUSSION: Emergency Management Preparation for Electric Grid Failure (P)Belote, Tara
04/12/2022 Town Council Meeting MOTION: Thomas Balch Library Centennial May 2022 Frye, Mary
PROCLAMATION: Armenian Genocide Remembrance Day Belote, Tara
PROCLAMATION: Child Abuse Prevention Month Belote, Tara
PROCLAMATION: Medical Laboratory Professionals Week Belote, Tara
PROCLAMATION: Sexual Assault Awareness Month Belote, Tara
MOTION: Reinstatement of Employees and Commissioners Terminated Due to COVID Policy Belote, Tara
CONSENT: Utility Easement with NOVEC for Electric Service for the Airport North Hangar Project Smith, Carmen
MOTION: Motion to Approve Electronic Participation for Council Member Cummings Boeing, Eileen
CLOSED SESSION: Cybersecurity Boeing, Eileen
CONSENT: Annual Landscape Maintenance Services – Continuing Services Contract Award (NP)Steyer, Cindy
PROCLAMATION: Arbor Day 2022 Southerland, Danielle
MOTION: Proclamation for Stroke Awareness Month Belote, Tara
CONSENT: Initiating Zoning Ordinance Text Amendment -Fiscal Impact Analysis Submission Requirement Cicalese, Karen
CONSENT: Appointment to the Airport Commission (Council Member Bagdasarian) (NP)Boeing, Eileen
RESOLUTION: Appointment to the Thomas Balch Library Commission (NP)Boeing, Eileen
RESOLUTION: Appointment to the Residential Traffic Commission (NP)Boeing, Eileen
MOTION: Proclamation for Independent Bookstore Day (Sponsor: Mayor Burk)Belote, Tara
RESOLUTION: Topics for Joint Meeting with BOS Boeing, Eileen
PRESENTATION: Loudoun Abused Women's Shelter Presentation (Samantha Clarke, Interim CEO LAWS)Belote, Tara
CONSENT: Appointment to the Parks & Rec Commission (Council Member Fox) NP Boeing, Eileen
04/25/2022 Town Council Work Session DISCUSSION: Route 15 North - Improvements Update (P)Markel, Keith
INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen
INFORMATION MEMO: Annual Continuing Disclosure Requirements Related To Town Debt Case, Clark
PRESENTATION: Black History Mural Project (Carmen Felder)Belote, Tara
DISCUSSION: Vehicle Tax Legislation (P)Haley, Lisa
DISCUSSION: Airport Development Work Group Report Coffman, Scott
4/6/20223:42 PM
104
Item a.
COUNCIL ACTIONS CALENDARTentative/Subject to Change
MeetingDate MeetingType Name SubmittedBy
04/26/2022 Town Council Meeting CONSENT: Appointment to the Economic Development Commission (EDC) (Council Member Fox)Boeing, Eileen
CONSENT: Annual Tree Maintenance Contract Award (NP)Steyer, Cindy
CONSENT: Shentel License Agreement Renewal (NP)Southerland, Danielle
PROCLAMATION: Thomas Balch Library Centennial May 2022 Frye, Mary
PROCLAMATION: National Day of Prayer Belote, Tara
PROCLAMATION: World Ovarian Cancer Day Belote, Tara
RESOLUTION: Airport North Hangars – Construction Contract Award (NP)Steyer, Cindy
PRESENTATION: Planning Commission Annual Report Cicalese, Karen
CONSENT: Annual Street Milling & Resurfacing Contract Award (NP)Steyer, Cindy
PROCLAMATION: Stroke Awareness Month Belote, Tara
CONSENT: Appointment to the Technology & Communications Commission (Council Member Fox) (NP) - Tentative Boeing, Eileen
PROCLAMATION: Independent Bookstore Day Belote, Tara
PROCLAMATION: National Drinking Water Week May 1-7, 2022 Wyks, Amy
05/09/2022 Town Council Work Session DISCUSSION: Crescent Design District including Town Structured Parking Cicalese, Karen
DISCUSSION: Town Facility Security Enhancements and Gun Restrictions (Tentative)Belote, Tara
DISCUSSION: Traffic Study Areas (P)Southerland, Danielle
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
DISCUSSION: Accessory Dwelling Units - Zoning Ordinance Amendments (P)Cicalese, Karen
DISCUSSION: Affordable Housing Task Force (P)Cicalese, Karen
INFORMATION MEMO: Quarterly Parking Update Schellhase, Holland
INFORMATION MEMO: Quarterly Budget Update Schellhase, Holland
05/10/2022 Town Council Meeting ORDINANCE: Town Code Edits to Chapter 34 (Water and Sewer)Wyks, Amy
PROCLAMATION: Kids to Park Day Belote, Tara
PROCLAMATION: Mental Health Awareness Month Belote, Tara
PROCLAMATION: National Military Appreciation Month Belote, Tara
PROCLAMATION: National Police Week Belote, Tara
PROCLAMATION: National Public Works Week Southerland, Danielle
PUBLIC HEARING: Proposed Clutter Ordinance Smith, Carmen
RESULUTION: Approval for Phase I Compass Creek Extension of Services (NP)McClaughry, Lesley
PRESENTATION: Visit Loudoun Update Belote, Tara
POTENTIAL CLOSED SESSION: BLA/JLMA Belote, Tara
05/23/2022 Town Council Work Session DISCUSSION: Electric Vehicles for Town Fleet (P)Southerland, Danielle
DISCUSSION: Tree Bank Program Southerland, Danielle
4/6/20223:42 PM
105
Item a.
COUNCIL ACTIONS CALENDARTentative/Subject to Change
MeetingDate MeetingType Name SubmittedBy
05/23/2022 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen
DISCUSSION: Golf Cart Zones (P)Southerland, Danielle
DISCUSSION: Annual Crime Statistics Report (P)Grigsby, Vanessa
05/24/2022 Town Council Meeting CONSENT: Award contract for Water Treatment Plant Filter Underdrain and Media Replacement (NP)McClaughry, Lesley
CONSENT: Award Contract for WPCF Solids Handling Building Roof Replacement (NP)McClaughry, Lesley
CONSENT: Award Task order for SCADA upgrade for Utilities (NP)McClaughry, Lesley
CONSENT: Award Contract for WPCF Cattail Branch Pump Station Phase III (NP)McClaughry, Lesley
CONSENT: Award Task order for Lawson Rd Route 15 Bypass Watermain Relocation (NP)McClaughry, Lesley
PROCLAMATION: National Gun Violence Awareness Day Belote, Tara
PROCLAMATION: Wayne's Crossing Day Belote, Tara
PUBLIC HEARING: Town Code Changes for Council Pay Smith, Carmen
06/13/2022 Town Council Work Session INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
06/14/2022 Town Council Meeting PROCLAMATION: Juneteenth Belote, Tara
PROCLAMATION: LGBTQ Pride Month Belote, Tara
06/27/2022 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen
06/28/2022 Town Council Meeting RESOLUTION: North Apron Paving Rehabilitation – Hangars C&D (NP)Steyer, Cindy
07/11/2022 Town Council Work Session INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
07/12/2022 Town Council Meeting CONSENT: Award Contract for Industrial Coatings Application for Utilities (NP)Wyks, Amy
07/25/2022 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen
INFORMATION MEMO: Battlefield Parkway / Route 15 Bypass Interchange - Design Alternatives Evaluation and Selection (P)Steyer, Cindy
07/26/2022 Town Council Meeting CONSENT: Award contract for Water Treatment Plant Process Control, Equipment and Instrumentation (NP)McClaughry, Lesley
CONSENT: Award Contract for WPCF Structure Rehabilitation (NP)McClaughry, Lesley
RESOLUTION: Battlefield Parkway / Route 15 Bypass Interchange - Design Alternatives Evaluation and Selection (NP)Steyer, Cindy
CONSENT: Contract Award for Asset Management Plan for Utilities (NP)McClaughry, Lesley
08/08/2022 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen
INFORMATION MEMO: Update on Procurement Policy Revision Andrew, Octavia
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
INFORMATION MEMO: Quarterly Parking Update Schellhase, Holland
INFORMATION MEMO: Quarterly Budget Update Schellhase, Holland
INFORMATION MEMO: Thomas Balch Library Advisory Commission Annual Report Frye, Mary
08/09/2022 Town Council Meeting PROCLAMATION: International Overdose Awareness Day Belote, Tara
PROCLAMATION: National Payroll Week Belote, Tara
4/6/20223:42 PM
106
Item a.
COUNCIL ACTIONS CALENDARTentative/Subject to Change
MeetingDate MeetingType Name SubmittedBy
08/09/2022 Town Council Meeting PROCLAMATION: World Suicide Prevention Day Belote, Tara
09/13/2022 Town Council Meeting PROCLAMATION: Childhood Cancer Awareness Month Belote, Tara
PROCLAMATION: Constitution Week Belote, Tara
PROCLAMATION: National Hispanic Heritage Month Belote, Tara
PROCLAMATION: Relay for Life Belote, Tara
09/26/2022 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
09/27/2022 Town Council Meeting PROCLAMATION: National Polish American Heritage Month Belote, Tara
PROCLAMATIONS: National Arts and Humanities Month Belote, Tara
RESOLUTION: Northern Virginia Regional Hazard Mitigation Plan Dame, Joe
10/11/2022 Town Council Meeting: Regular + Work Session INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara
10/24/2022 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
11/14/2022 Town Council Work Session PRESENTATION: Parks and Recreation Advisory Commission Annual Report Eagle, Tabitha
11/15/2022 Town Council Meeting PROCLAMATION: Small Business Saturday Turney, Elaine
PROCLAMATION: Diabetes Awareness Month Belote, Tara
PROCLAMATION: National Veterans and Military Families Month Belote, Tara
11/28/2022 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
11/29/2022 Town Council Meeting RESOLUTION: Town Council Meeting Calendar for Year 2023 Boeing, Eileen
CLOSED SESSION: Town Manager’s Performance Review Belote, Tara
12/12/2022 Town Council Work Session INFORMATION MEMO: Monthly Board and Commission Report - Activity and Attendance Boeing, Eileen
INFORMATION MEMO: Quarterly Progress Report on Council Retreat Workplan Items Belote, Tara
INFORMATION MEMO: Visit Loudoun Monthly Report Turney, Elaine
INFORMATION MEMO: 2022 Economic Development Commission Annual Report Turney, Elaine
12/13/2022 Town Council Meeting MOTION: Town Manager’s Compensation – Performance Review Belote, Tara
4/6/20223:42 PM
107
Item a.