HomeMy Public PortalAbout2022_tcmin0628 COUNCIL MEETING June 28, 2022
Council Chamber, 25 West Market Street, Leesburg, Virginia, 7:00 p.m. Mayor Kelly Burk
presiding.
Council Members Present: Zach Cummings, Suzanne Fox, Vice Mayor Martinez, Kari
Nacy, Neil Steinberg, and Mayor Kelly Burk.
Council Members Absent: Ara Bagdasarian.
Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy
Town Manager Keith Markel, Plan Review Director Bill Ackman, Director of Planning and
Zoning James David, Director of Public Works and Capital Projects Renee LaFollette,
Director of Economic Development Russell Seymour, Deputy Town Attorney Christine
Newton, Deputy Director Parks and Recreation Kate Trask, Transportation Engineer
Calvin Grow, Land Acquisition Manager Keith Wilson and Clerk of Council Eileen Boeing.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Cummings.
3. SALUTE TO THE FLAG was led by Vice Mayor Martinez.
4. ROLL CALL
a. Electronic Participation for Council Member Nacy
Council Member Nacy requested to participate electronically in the June 28, 2022,
Council Meeting as she was out of town. Mayor Burk, Vice Mayor Martinez, Council
Member Cummings, Council Member Fox, and Council Member Steinberg were physically
present at the meeting.
MOTION 2022-117
On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following was
proposed:
To allow Council Member Nacy to electronically participate in the June 28, 2022, Town
Council Meeting.
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1-1 (Nacy abstain, Bagdasarian absent)
5. MINUTES
a. Work Session Minutes of June 13, 2022
MOTION 2022-118
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the minutes
of the Work Session of June 13, 2022, were moved for approval.
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COUNCIL MEETING June 28, 2022
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
b. Regular Session Minutes of June 14, 2022
MOTION2022-119
On a motion by Vice Mayor Martinez, seconded by Council Member Fox, the minutes
of the Regular Session of June 14, 2022, were moved for approval.
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
6. ADOPTING THE MEETING AGENDA
MOTION 2022-120
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the meeting
agenda was moved for approval.
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. Motion to Approve the Proclamation to Recognize Local Foster Parents
Ashley and Richard Harper
MOTION2022-121
On a motion by Council Member Fox, seconded by Vice Mayor Martinez, the following
was proposed:
I move to approve the Proclamation in Recognition of Local Foster Parents Ashley and
Richard Harper be presented at the July 12, 2022, Council Meeting.
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
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9. PRESENTATIONS
a. Public Input Session—Police Citizen Task Force
Town Manager Kaj Dentler provided an overview of the Police Citizen Task
Force findings and report. Mayor Burk invited members of the public to provide
comments on the Task Force's report. Council also provided comments regarding
the process the Task Force used to compile their report but specifically noted the lack
of public engagement.
Ron Campbell, Fort MacLeod Terrace. Spoke to Council about the lack of
input from the community and established organizations as well as the omission of
any reference to where a review of use of force was considered. Mr. Campbell noted
that he believed there was still work to be done.
Rebeca Reeder, Oak View Drive SE. Spoke to Council to share her pleasure
with outcome of the Task Force's report and urged Council to use vacancy funds to
continue providing training to Leesburg's Police Officers.
Patrick Daly. Spoke to Council as a member of the Task Force. He reiterated
his support of the Task Force's final report and said public trust in the Leesburg
Police Department is high. Mr. Daly was joined at the podium by fellow Task Force
member Frank Holtz who offered support for Mr. Daly's comments but did not
provide any separate comments of his own.
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioner's Section was opened at 7:29 p.m.
James Garofalo. Spoke to Council regarding his artistic concerns regarding
the Black History mural.
Carmen Felder. Spoke to Council is support of the Black History mural.
Duane Williams Jr. Spoke to Council in support of the Black History mural.
Shawn Perkins. Spoke to Council as the artist and in support of the Black
History mural.
Michelle Thomas. Spoke to Council regarding local African American
history and in support of the Black History mural.
Ron Campbell. Spoke to Council regarding the Black History mural and the
inputs that were received during the process. Mr. Campbell also commented on the
removal of the three COPA members and urged Council not to take any action
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Minu Beijan. Spoke to Council regarding her participation on COPA for
more than a decade, her art background, and her overall volunteer service to the
Town.
Kareem McCullough. Spoke to Council regarding his artistic concerns with
the Black History mural and stated to Council that he was responsible for
encouraging his fellow COPA members to leave the June 6 COPA meeting and that
he alone should be held accountable for the disruption and requested the other two
members not be removed from the Commission.
The Petitioner's Section was closed at 7:54 p.m.
12. APPROVAL OF THE CONSENT AGENDA
Council Member Fox requested items 12.a. —Agreements with The Evergreen
Companies, LLC to Facilitate Installation of Stormwater Infrastructure Associated with
Residential Development and item 12.e. — Special Event Waiver Fee for Artistic Fuel Ties That
Bind Benefit for Uvalde be removed from the Consent Agenda for discussion.
MOTION 2022-122
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the following
Consent Agenda was proposed with 12.a. —Agreements with The Evergreene Companies, LLC to Facilitate
Installation of Stormwater Infrastructure Associated with Residential Development and item 12.e. —Special
Event Waiver Fee for Artistic Fuel Ties That Bind Benefit for Uvalde removed:
b. Pavement Marking Services Contract Award
RESOLUTION 2022-074
Awarding the Pavement Marking Continuing Services Contract for Town Roads and
Streets and for the Leesburg Executive Airport to Mullen's Markings, Inc. of Culpeper,
Virginia in the amount of$126,849 and Appropriating$29,849 from the Fiscal Year
2022 Pavement Marking Program to the Fiscal Year 2023 Budget
c. Airport North Apron Paving—Hangars C&D Rehabilitation
RESOLUTION 2022-075
Approve a Supplemental Appropriation in the amount of$30,000 and Authorize a
Virginia Department of Aviation Grant Agreement in the amount of$104,000 for the
North Apron Paving Hangars C&D Rehabilitation Project
d. Appointment to the Technology and Communications Commission
RESOLUTION 2022-076
Appointing Chris Grandjean to the Technology and Communications Commission
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COUNCIL MEETING June 28, 2022
f Crescent District Master Plan Update
RESOLUTION2022-077
Crescent District Master Plan Update
The Consent Agenda was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay.• None
Vote: 6-0-1 (Bagdasari an absent)
a. Agreements with The Evergreene Companies. LLC to Facilitate Installation
of Stormwater Infrastructure Associated with Residential Development
Deputy Town Attorney Christine Newton reviewed the proposed project and
the need for an agreement with The Evergreene Companies before the project could
be approved by the Depai tuient of Plan Review. Council and staff discussed the
project, notification requirements to the residents as well as the inspection process
that is built into the agreement to protect all parties during the project.
MOTION 2022-123
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
RESOLUTION2022-078
Approving Encroachment Agreement with The Evergreene Companies, LLC
and
RESOLUTION2022-079
Approving Offsite Stormwater Infrastructure Installation Agreement with The
Evergreene Companies, LLC
The motion was approved by the following vote:
Aye: Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: Fox
Vote: 5-1-1 (Bagdasari an absent)
e. Special Event Fee Waiver for Artistic Fuel: Ties That Bind Benefit for Uvalde
Council and Deputy Parks and Recreation Director Kate Trask discussed the
fee waiver and whether there were limits on the number of waivers that could be
issued.
MOTION2022-124
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the
following was proposed:
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COUNCIL MEETING June 28, 2022
RESOLUTION2022-080
Waiving Special Event Fees for the Artistic Fuel: Ties That Bind Benefit for Uvalde to
be Held on August 27, 2022, with a rain date of August 28, 2022
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Black History Mural Proposal
Council discussed the mural and thanked Ms. Felder and the 89 Ways to Give
foundation for their efforts to bring the mural to Leesburg. Council Members noted
that the approval process itself had flaws and that there were some concerns about
different standards for residents in the historic district that were not applicable to the
Town.
MOTION 2022-125
On a motion by Vice Mayor Martinez, seconded by Council Member Cummings, the
following was proposed:
I move to authorize Carmen Felder to proceed with the proposed Black History Mural
111 project on the east facing wall of the Loudoun Museum building.
The motion was approved by the following vote:
Aye: Cummings, Vice Mayor Martinez, Steinberg and Mayor Burk
Nay: Fox, Nacy
Vote: 4-2-1 (Bagdasari an absent)
b. Removal of Commission on Public Art Member Minu Beijan
Prior to the vote, Vice Mayor Martinez asked Ms. Beijan if she wished to
tender her resignation versus being voted off the Commission. Ms. Beijan declined
the offer.
MOTION2022-126
On a motion by Vice Mayor Martinez, seconded by Council Member Steinberg, the
following was proposed:
I move to remove Minu Beijan from the Commission on Public Art effective June 28,
2022.
The motion was approved by the following vote:
Aye: Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: Fox
Vote: 5-1-1 (Bagdasari an absent)
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c. Removal of Commission on Public Art Member James Garofalo
MOTION2022-127
On a motion by Council Member Steinberg, seconded by Council Member Cummings,
the following was proposed:
I move to remove James Garofalo from the Commission on Public Art effective June 28,
2022.
The motion was approved by the following vote:
Aye: Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: Fox
Vote: 5-1-1 (Bagdasari an absent)
d. Removal of Commission on Public Art Member Kareem McCullough
MOTION 2022-128
On a motion by Council Member Cummings, seconded by Vice Mayor Martinez, the
following was proposed:
I move to remove Kareem McCullough from the Commission on Public Art effective
June 28, 2022.
The motion was approved by the following vote:
Aye: Cummings, Fox, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: None
Vote: 6-0-1 (Bagdasarian absent)
14. PUBLIC HEARINGS
e. Expansion of the Golf Cart Service Area
The Public Hearing was opened at 8:36 p.m.
Transportation Engineer Calvin Grow presented to Council the proposed
changes to the Golf Cart Service Area by current golf cart business owner
Cartwheels. Council and staff discussed the proposed Town Code amendments.
Mr. Spera also noted that in lieu of listing specific streets in the Code, the areas
allowed will be depicted on a service map approved by Council to allow for greater
flexibility to update routes in the future.
Public Speakers:
There were no speakers wishing to address the public hearing.
The public hearing was closed at 8:51 p.m.
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MOTION 2022-129
On a motion by Vice Mayor Martinez, seconded by Mayor Burk, the following was
proposed:
ORDINANCE 2022-0-019
Amending Town Code Sections 22-121, -122 and-123 regarding the use of Golf Carts
on Town Streets
The motion was approved by the following vote:
Aye: Cummings, Vice Mayor Martinez, Nacy, Steinberg and Mayor Burk
Nay: Fox
Vote: 5-1-1 (Bagdasarian absent)
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Steinberg requested a Work Session discussion on engaging
community leaders to perform community outreach regarding establishing a Police Citizen
Advisory Board.
There was no consensus to add this to a future Work Session for discussion.
Council Member Cummings disclosed he spoke to Mr. Peter Kalaris regarding
zoning issues in the commercial space at Meadowbrook.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk congratulated the Master Gardeners for their 30 years of helping to
make gardening a real objective for the people not living on farms and noted that they
annually donate at least a thousand pounds of food to Loudoun Hunger and Relief. Mayor
Burk congratulated Dairy Queen on its 10th year in business in Leesburg. Mayor Burk
thanked Irvin Greene and the members of the Burg family reunion for the wonderful
Juneteenth event. Mayor Burk congratulated the Sons of the American Revolution for their
new John Champe Loudoun Chapter and noted they held a ceremony on the Courthouse
Green to commemorate the Revolutionary War and the role of Loudoun leaders during the
war. Mayor Burk thanked the Leesburg Police Department for their donations of vests and
helmets to the International Equine Group who will be taking them to veterinarians who are
trying to help the animals that are also impacted by the war in Ukraine. Mayor Burk
welcomed four new recruits to the Leesburg Police Depaitment. Mayor Burk thanked
Grand Master Choi and the Taekwondo Police Federation for a lovely ceremony with the
Sheriffs Depai tinent noting that the Sheriff has done an MOA with the Federation to train
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COUNCIL MEETING June 28, 2022
its officers on how to use Taekwondo in difficult situations. Mayor Burk attended the
Leesburg Fire Depaiunent's pancake breakfast which is held monthly and thanked them for
everything they do to keep Leesburg safe and fed. Mayor Burk congratulated Ms. Jeanette
Ward and Ms. Rita Santori for their new sculptures in Raflo Park. Mayor Burk
congratulated Mr. Ryan de Angelo for achieving the rank of Eagle Scout. Mayor Burk
wished everyone a happy 4th of July and hoped to see everyone at the parade and fireworks.
19. TOWN MANAGER COMMENTS
Mr. Dentler welcomed new Planning and Zoning Director James David to the Town
and encouraged Council Members to have a one-on-one meeting with Mr. David if they so
desired. Mr. Dentler wished everyone a happy 4th of July and hoped to see everyone for the
parade and at the concert at Ida Lee Park later in the evening. Mr. Dentler noted that Town
staff will be on hand to ensure that everyone has an enjoyable and safe holiday.
20. CLOSED SESSION
a. None.
21. ADJOURNMENT
On a motion by Council Member Fox, seconded by Council Member Steinberg, the meeting was
adjourned at 8:57 p.m.
Kelly ur , ayor
Town of Leesburg
ATTEST:
•',0e...ee.e.e...... 2iatc.42
Clerk of Council
2022_tcmin0628
I
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June 28, 2022—Town Council Meeting
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate. For greater accuracy,we encourage you to review the video of the
meeting that is on the Town's Web site—www.leesburqva.qov or refer to the approved Council
meeting minutes. Council meeting videos are retained for three calendar years after a meeting
per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: I would like to call tonight's Town Hall meeting of June 28th, 2022 to order. The
invocation will be given by Council Member Cummings followed by the salute to the flag by Vice Mayor
Martinez.
Council Member Zach Cummings: Thank you. Please bow your heads. We come to you this hour
asking for your blessing and help as we are gathered together.We pray for your guidance in the matters
at hand and ask that you would clearly show us how to conduct our work with a spirit of joy and
enthusiasm. Give us the desire to find ways to excel in our work, help us to work together, and
encourage each other to excellence. We ask that we would challenge each other to reach higher and
farther to be the best we can be. We ask this in your name. Amen.
Mayor Burk: Thank you. Mr. Martinez.
Vice Mayor Fernando"Marty"Martinez:Before we rise for the Pledge of Allegiance, I want everybody
to remember that this is July 4th weekend, our independence weekend. I've always tried to remember
our veterans, the ones that have died to give us these freedoms, the one in service, and our sons and
daughters who are going to join, like my grandson who's a Marine in San Diego. As we say the Pledge
of Allegiance, let's remember them and do it in their honor. Please rise and join me.
I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands,
one Nation, under God, indivisible,with liberty and justice for all.
Mayor Burk: If there is anyone in the room who needs hearing assistance, please see the Clerk. We
have a motion to electronically allow Council Member Nacy to participate in the June 28, 2022 Council
meeting. Moved by Council Member Fox, seconded by Vice Mayor Martinez. All in favor?
Members:Aye.
Mayor Burk: Opposed?That passes,one,two,three,four five. Five. 5-0-2. Ms. Nacy is now part of the
meeting. She's on the line, correct? Okay. All members of the Town Council are present, with the
exception of Mr. Bagdasarian, and Ms. Nacy will be doing it remotely. May I have a motion for the Work
Session Minutes of June 13th, 2022? Moved by Mr. Martinez. Second?
Council Member Neil Steinberg: Seconded.
Mayor Burk: Seconded by Council Member Steinberg. All in favor?
Members: Aye.
Mayor Burk: Opposed?
Council Member Kari Nacy:Aye.
Mayor Burk:That's 6-0-1. Regular session minutes of June 14th,2022, moved by Vice Mayor Martinez.
Second? By Council Member Fox, all in favor?
Members:Aye.
Mayor Burk: Opposed?
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Council Member Nacy: Aye.
Mayor Burk:That's 7-0-1. 6-0-1, excuse me. I've put six I don't know why I've said seven.Adopting the
meeting agenda. Do I have a motion?
Vice Mayor Martinez: Moved.
Mayor Burk: Moved by Vice Mayor Martinez. Second?
Council Member Cummings: Second.
Mayor Burk: By Council Member Cummings. Is there anything that anybody wants deleted or taken off
or added at this point?There's nobody over there for me to look at, I don't know why I... Okay. In that
case, all in favor indicate by saying Aye.
Members:Aye.
Council Member Nacy:Aye.
Mayor Burk: Opposed? That passes 6-0-1. We have no certificates of recognition. We do have a
proclamation to approve to recognize our local foster parents,Ashley and Richard Harper, I believe that
was sponsored by Ms. Fox,would you like to move it?
Council Member Suzanne Fox: So moved.
Mayor Burk: Ms. Fox moves it, seconded by Vice Mayor Martinez. This will not be presented until our
next meeting. All in favor indicate by saying aye.
Members:Aye.
Mayor Burk: Opposed?
Council Member Nacy:Aye.
Mayor Burk:That passes 6-0-1.We have a public input session for the Police Task Force. Mr. Dentler,
you're going to go down on the floor and present this.
Kaj Dentler: Madam Mayor, Members of Council, I'm going to just give you a brief overview of the
report that the U.S. Citizen Task Force on police provided and then presented to you a few months ago.
There are two members of the task force that are here. The Chair was not able to attend. I don't know
if they want to speak tonight or they're just observing. I'm just providing you the highlights of the
presentation that they made. You had asked this Council for a public input session, so this gives the
background to the audience.
First off, in July of 2021, Council adopted a resolution that established the police task force. This was
done in response to the State General Assembly's action that excluded towns from having the ability to
have a civilian oversight body.The purpose that you approved for the task force was to evaluate whether
or not an establishment of an advisory commission was necessary to ensure fair and equal treatment
of all citizens by our Police Department.
Some of the goals and purposes that you established are there before you, to enhance public trust,
improve communications and transparency, provide education to the public on what are the Police
procedures. In essence, what can you expect, and what do you expect the officers to do on certain
situations. You were very specific in your instructions that the task force was not to deal or be involved
with any personnel matters.
The committee started in October of last year after all the appointments were made, et cetera. They
met eight times. They reviewed the General Orders of the Police Department, received presentations
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from the Chief and his personnel command staff on these variety of topics before you on what is
department overview,transparency for your request, Freedom of Information Act, community outreach,
what were their recruitment and retention efforts, the training of officers, et cetera. Then personnel, not
only from the Police Department, but the Town Attorney's Office was available to address any and all
questions that the task force had in order to prepare their findings.
In April of this year, the task force reported to you that they found that the department and his officers
were motivated to police itself against officer complaints and wrongdoings. That they were committed
to professionalism in their public interactions. They were committed to transparency and committed to
ensuring positive community relationships. By a vote of 6 0, that particular night that they took the
action, they did not recommend Council proceeding further with an advisory commission for the
department as they found no data or anecdotal evidence to suggest a need for it.
Their rationale for that finding was based on some data that they looked at which included 15 Internal
Affairs complaints in 2020, half of them which were reported internally by the department itself. They
felt that civilians had access and capabilities to report to the town through its website, email, and other
sources if there were any complaints about the department. They recognize that the Police Department
goes through an accreditation process every four years, with almost 200 different standards to comply
with.
They also felt that the department was very active. The department does have a community policing
program that is well recognized throughout the region, a variety of opportunities for the officers to be
engaged with the community, that Police personnel were active in various boards and commissions
such as the Diversity Commission, the Residential Traffic Committee. In essence, that they were
responsive to the community in order to engage conversations. Then there are a variety of other
regional and State organizations that they're involved with as well.
As a result, their final recommendation was not that an Advisory Commission was not recommended
from their findings. After the report, Council identified that you wanted to get some public input on the
process, as you have not taken any action to date on it. That is the report. Chief Brown is not here. He
was expected to be here so I can answer questions. I will do my best to answer any of your questions.
Obviously, the Town Attorney will help me with that as well. That is the presentation unless you have
any specific questions at this time.
Mayor Burk: Let's hear from the public first and then ask questions, if that's okay with you, Mr. Dentler.
We have two people signed up to speak. Mr. Ron Campbell will be followed by Ms. Rebeca Reeder.
They have three minutes, and after two minutes, you will get a notice that you have one minute
remaining, and we ask that you will at that time yield the floor.
Ron Campbell:Thank you. My name is Ron Campbell of 812 Fort Macleod Terrace Leesburg,Virginia.
I'm a former Leesburg Town Council member, Former First Vice President, Loudoun County NAACP,
Former Executive Director of the Loudoun Freedom Center, and the founder of Citizens for Better
Leesburg. On May 31st,2020, I organized the largest Loudoun County peaceful demonstration honoring
the life of George Floyd and sending a clear message that we cared as a community.
I also brought to this Council,numerous times,the ability to look from an ad hoc committee's perspective
about what are the right questions to be asking. I can tell you a citizen's oversight review committee
was not one of those outcomes. You can't have an outcome until you study what a problem or situation
is. I don't know if this group and I have no problems with this ad hoc committee, other than the members
were not active citizens of any organizations that I know of, and no active citizens who were actually
asked to participate, but we sat down with the Chief of Police, and we looked at the use of force policy.
I don't see anything in this report where the use of force policy was considered.You have to understand
the energy around this particular issue wasn't coming from this Town Council. It was coming from a
much larger community and a world that we all say respectfully we live in,so it's important that questions
get asked in a respectful and open, honest manner with full transparency, which did not happen in this
particular process.
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There's no best practices that would call for Police to decide on what they think is an appropriate
response to a complaint. The Chief and I disagree on this particular point, but Police are not designed
to just police themselves. They are designed to look like a community that actually says, "We agree
that the standard of policing in our community is appropriate." Not the Police agree, but the community
has to agree on that particular point.
When it comes to complaint reporting, if there's no trust and transparency of what happens to a
complaint, citizens don't even have to understand the outcome of the complaint. The complaint goes in
and nothing comes back out, which is why you say very specifically, this group could not look at
personnel matters.
What happens with complaints?We saw in Minnesota what actually happens with complaints that don't
go addressed appropriately and then get us in a situation where we don't need to be. I really believe
that while this work of this committee might be finished in terms of your timeline, not in terms of this
community.
Mayor Burk: Thank you, Mr. Campbell. Ms. Reeder.
Rebeca Reader: Good evening. As a 35-year resident-- I'm sorry. I'm Rebecca Reeder.
Mayor Burk: Thank you.
Rebeca Reader: 107 Oakview Drive Southeast, Leesburg, Virginia, 20175. As a 35-year resident of
Leesburg and a Federal retiree following a 30-year career serving as a special agent throughout the
United States, I readily acknowledge the critical need to protect others. Last year, when a majority of
the Council recommended the formation of a citizen's task force, I expressed to you my objections by
letter. I'm really good at letters, as you know. Personally, I cannot be more pleased over the years for
my requests for the LPD,the Leesburg Police Department assistance, by the highly trained officers and
communications technicians.
I've written to Chief Brown in gratitude after observing the highly professional response, dedication, and
expertise, especially during the pandemic for their exemplary service. It is most gratifying to me that the
citizens'task force findings are so positive following their thorough review. It is not surprising to me that
they affirmed we have an exceptional Police Department, which excels in keeping us protected and
safe, even with less than optimal number 24/7.
You no doubt noted as I did that one of the task force recommendations was to return to the department
the vacancy funds that can be perhaps reallocated for much-needed training needs. In conclusion, I will
continue to follow closely funding for the Leesburg Police Department efforts and projects now, and in
the future. Thank you.
Mayor Burk:Thank you, Ms. Reeder. Ms. Reeder was the last person that signed up to speak. Is there
anybody in the audience that did not sign up that would like the opportunity to speak to this point on the
police assistance task force? I see two takers.
Patrick Daly: I will speak, Madam Mayor. I'm Patrick Daly, a retired Leesburg Police Officer. I have
with me, Frank Holtz, who is a retired US Capitol Police Officer. We were both members of the
commission. I just wanted to reiterate what the commission reported. The resolution establishing the
citizen task force in any follow-on civilian oversight body set its purposes as enhancing public trust,
increasing public communications and transparency, promoting public education on police procedures,
and ensure the fair and equal treatment of all citizens by the Leesburg Police Department.
I reviewed the resolution and also watched the recorded Town Council meetings where this matter was
discussed and voted. I did not see any specific description of any examples of shortcomings or
compelling issues in any of these areas by the Town Council Members that would indicate a need for
civilian oversight body for the Leesburg Police Department.
Public trust in the Leesburg Police Department is high. I've seen no indication of systemic, unfair, or
unequal treatment of citizens. The department management team has multiple channels for dealing
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with complaints. Public communication, education and transparency are prioritized and efficiently
executed.
In fact,there is a civilian oversight body supervising the Leesburg Police Department. It is the Leesburg
Town Council, supported by the LPD management team, Town Manager, Human Resources
Department, and the Town Attorney. The presentations to the task force from the Police Department
confirmed my confidence in the Police Department and the ability of the current management team to
supervise the department appropriately, to review any complaints or queries about department
operations and to take appropriate managerial action in accordance with law and established
procedure. The town Council Member who nominated me to the citizen task force was not in favor of
establishing the task force or a civilian oversight body. Nothing that I learned on the task force or in my
previous experience contradicts that judgment. Thank you.
Mayor Burk: Thank you. Mr. Holtz, are you also speaking?
Frank Holtz: I'm just supporting.
Mayor Burk:You're supporting,okay.All right. Is there anybody else that is in the audience that wanted
to speak that didn't get a chance to sign up?All right,then I will open this up to questions or comments.
I will start with you Ms. Nacy since I'm prone to forget people that aren't here.Do you have any questions
or comments at this point?
Council Member Nacy: I do not, thank you.
Mayor Burk: Ms. Fox?
Council Member Fox: Thank you. I did have a question about the work group, how many people
actually attended that work group and how often. Do you have any information on that?
Mayor Burk: You need to come to the mic. I'm sorry, Mr. Daly, but the public needs to hear your
response.
Patrick Daly: I was not in charge of taking the minutes. I did have the minutes for all the two meetings,
so I have a little chart here. It is minus two of the meeting dates, so I can't give you absolutely accurate
view of that.
Mayor Burk: Could we get that to Ms. Fox and the rest of the Council at a future--
Council Member Fox:That's fine.Thank you. I do have a couple of comments on this. I appreciate Mr.
Campbell and Ms. Reeder coming up to speak to this. I respect what both of them said and I have to
agree with Mr. Daly that we do represent the community, and if there's something that is going on, it is
incumbent upon us to take care of it. I think our Police force is understaffed. I think they're overworked.
I think they're stressed out. I think we've done things to exacerbate that. I think it does fall on us,
ultimately, to make sure things are working out with the Police Department. Thank you.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Thanks. Can I get a distinction between a citizen's review versus a
citizen's oversight?
Christopher Spera: You have the authority under State Code to create advisory commissions of a
variety of shapes and forms and you have done so for a variety of different topics, which you do not
have the authority to do as a governing body of a Town is to create the oversight committee that was
enacted by the General Assembly a couple of years ago.That is limited only to cities and counties.You
can have a group that provides advice to you.
You can have a group that collects public input and then interprets that input and provides it to you, but
it's purely advisory. It's not adjudicatory. Whereas an oversight committee has specifically enumerated
Page 5 I June 28, 2022
functions beyond simply rendering advice. There are certain adjudicatory functions that could be given
to them if that's what the elected officials choose to do. Again, that's limited to counties and cities.
Council Member Steinberg: Exactly. Okay. Thank you for the distinction. I wanted to clarify that
because this was not an oversight task, it was indeed an advisory position. To what extent, and I don't
know if this has to come from somebody who was actually on the task force, was there outreach to the
community in gathering information? How did the committee or the task force do that?
Mayor Burk:With the chair not being here, I'm not sure that it's fair to ask them to answer that question.
Council Member Steinberg: Okay. Do we have that information?
Kaj Dentler: Yes. I can tell you that in my conversations with the chair, there was no outreach. When
asked why,the response I received was they were not directed to do outreach.They did not understand
that as one of the directions from Council.According to the chair, she was not opposed to the task force
doing it. The task force was not asked specifically to do that, so they did not do it, but the short answer
is there was no outreach.
Council Member Steinberg: Okay. Thank you.
Christopher Spera: However, Mr. Steinberg, if I may, the meetings were noticed publicly. There was
notice of the meetings. It wasn't that they were held secretly or anything like that.
Council Member Steinberg: No, I appreciate that, but in terms of specific efforts directly, what we're
saying is that didn't actually happen. In that context, I would offer that maybe our task is not yet
complete. I'm not personally ready to render a decision. I absolutely appreciate the fact that in the end,
we're the final arbiters. If the information upon which we are supposed to be making decisions isn't
necessarily reaching us, and this is not to cast any aspersions whatsoever on our current LPD.
We know they do a fantastic job. There's no question about it.That may not always be the case. To be
prepared for situations that we're not facing now, but might face sometime in the future, I think it only
serves the community better. I think we still have a few steps to take before a final decision is rendered
one way or another. I think gathering information directly from the community would be an advisable
step. Thank you.
Mayor Burk: Mr. Cummings.
Council Member Cummings: Thank you and thank you to everyone who came and provided their
input tonight. Thank you to the advisory commission. Recently, Council Member Fox and Mayor Burk,
and I were able to attend the swearing-in for four new officers. It was great to be there and to meet the
new officers. They're young. Guided by Chief Brown who is just a constant stalwart here in the Town
and he's someone we value greatly.
While we have him, we need him to teach our officers how to act and how to respond, and he's doing
that. His middle management folks are doing that. I just think that's a great position.As issues arise, as
we mentioned,the Council is the public body. If anyone has any issues or hears anything that concerns
them, please approach us so that we can do our job. Thank you for the public input. This is what this is
all about, trying to get more folks involved. As we move forward, we will do that better. If other issues
arise, at least I will, I'll speak for myself. I'll try to make sure we craft our legislation in a way that
encourages as much public input as possible. Thanks.
Mayor Burk: Vice Mayor.
Vice Mayor Martinez: I'm trying to figure out a way to couch this without, again, putting aspersions on
anybody. I know we have a wonderful Police force. I know they are working really hard, and at times
they're undermanned and they're under a lot of stress, but besides all that, and the fact that our Chief
Brown, there were some initiatives that were presented and he had already implemented those.
Page 6 I June 28, 2022
I really have no beef with our Police Department per se, but there's always going to be a need for people
to look over our Police Department or at least be aware of what's going on, not just with our Police
Department but around it. Until a group of us can look in the rear-view mirror and not be afraid of being
pulled over by a police, we're not there yet.
We have to make sure that we are looking at those issues and that all our residents feel safe and
comforted by having our Police Department around, and especially when they see the lights going on
and being pulled over. I know when I was growing up, when that happened to me, I know I couldn't say
a word and I had to put my hands on the steering wheel, and it scared the crap out of me when I was a
kid. Those fears in our children today, until we can say that we don't have those issues in our current
culture, society, government, we can't just say that we have a great Police Department. We have to
continue to strive to make sure all our citizens feel safe and understand that. Thank you.
Mayor Burk: Mr. Spera, is there anything that would keep us from reconvening another task force if it
came to our attention that there were problems that were coming up within the Police Department?
Christopher Spera:Absolutely not. It is at your pleasure that you can convene a task force, an ad hoc
committee as you did before.
Mayor Burk: Right. The fact that this particular task force didn't reach out to the public was really a
mistake on our part because we didn't include that in the direction of what they should have done.
Christopher Spera: If they believed that the mandate wasn't clear and they tried to stick-- I think the
chair was an attorney. I think that her focus was to be sure that she did not exceed Council's mandate.
She took it pretty literally.
Mayor Burk: The task force that we did put together came back with some evaluation but most of it
came back with positive recommendations and suggestions to improve the police force benefits and
things of that nature.
Christopher Spera: Correct, but that was not the full scope. They certainly looked at procedures, they
looked at General Orders,they looked at operational things. I would say that more of it went to operation
than to the type of administrative stuff that-- Ultimately, the recommendations came out on
administrative changes in terms of staffing and compensation and some other things, but that was
certainly not the majority of the time that they spent.
Mayor Burk: All right. Thank you. Is there anything at this point that anyone wants to move forward?
All right. Then we'll keep this task force. We'll keep it moving forward. This particular task force is no
longer in session. It is finished, that's my understanding.
Christopher Spera: It was ad hoc commission. Its term is expired. That's correct.
Mayor Burk: I would suggest that maybe six to eight months from now,we look at, create another one
again to look at the oversight aspect of anything that's going on at that point. We'll see how that goes.
All right.Thank you.Thank you, everyone.Appreciate you coming out, and most certainly, appreciating
the people that served on that commission on that task force. Thank you. Anybody have any Regional
Commissions Reports at this point?That takes us to our petitioner section.
One of the first orders of business is to hear from the public.All members of the public are welcome to
address the Council on any item matter or issue. Please identify yourself, and if comfortable doing so,
give your address for the taped record. Any public speaker will be requested to state their name and
spell it for the purpose of closed captioning. In the interest of fairness,we also ask that you observe the
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 is expired. Under the rules of orders adopted by this Council, the three minute
time limit applies to all. The first name that we have on our agenda is James-- I'm going to say this
wrong, Garofalo, and followed by Carmen Felder.
Page 7 I June 28, 2022
James Garofalo: Good evening. My name is James Garofalo. I'm a resident of Leesburg. While I
understand the Council and commission don't have a background in art, I will be clear on my serious
concerns of the artistic quality of the mural on tonight's agenda,calling out four points.One, it is a poorly
framed composition with loose grounding of logical elements. All depicted elements fail to share the
universal light source of the full moon picture. Light source is crucial in art as it enhances each of the
elements and affects the way we perceive composition.To that point, I ask,why would they be escaping
under the light of a full moon?
Two, the man representing Bazil Newman is facing the wrong way to operate a rowboat correctly. As
shown in this composition, his efforts would propel the boat and the passengers toward Virginia.
Moreover,there is a diapered toddler sitting next to him within his range of rowing motion. Why wouldn't
the toddler be with the man at the rudder?
Three,the distance the shore suggests they are in the middle of the Potomac, and we, the viewers, are
placed directly behind the boat. If this position is accurate,we would not be able to see the sign labeled
Goose Creek or the foliage next to it. Four, I asked the audience to consider the scale, a fundamental
concept in art that establishes the relationship between elements. Scale is entirely broken in this
composition since the figures across the shore have no spiritual or other worldly quality. Pastor Grimes
is nearly the size of the tree line without legs and would effectively double in size had even shown with
more than just a torso.
The other figures who are haphazardly cut from an interior scene are half the size of the tree line.
Human eyesight understands composition in respect to natural perspective. Objects are larger the
closer they are to the viewer. In conclusion, I acknowledge that Pastor Michelle herself said that they
don't care about the historical accuracy, that they just want to establish a narrative. I understand this
sentiment is shared by others and I'm here to talk about the art. Art is important and powerful. This
mural was presented to the Commission as the medium for the message. Historically accurate or not,
the composition must be sound. Thank you for your time.
Mayor Burk: Thank you, Garofalo, Carmen Felder followed by Duane Williams Jr.
Carmen Felder: Good evening, Town Council. I'm Carmen Felder, C-A-R-M-E-N, Felder, F-E-L-D-E-
R. I'm an Air Force Veteran Native of Loudoun County. I am the president of 89 Ways to Give
Foundation. Of course, you've seen me here talking about the Black History Mural. I'm grateful to be at
this point that we finally are getting to the point that we can bring the mural and get a vote. We've gone
through many obstacles great and not so great. 89 Ways to Give is super excited to move forward with
this project.
I feel that it's going to be definitely something that is going to bring foot traffic, tourism, and highlight
Black History,which I don't see a lot of in Leesburg or Loudoun County. I feel like we have been working
diligently. We've gotten input from Visit Loudoun, the Loudoun Freedom Center, the NAACP, and the
Black History Committee, amongst others. We pray and we hope that we can get the vote to move
forward on this amazing project.
We have been working on it for over a year. We've been open-minded and we've made sure that we
have had a listening ear to everyone who had a voice. I am very disappointed in COPA and how they
displayed their feelings or point of view at the last COPA meeting that I attended. The gentleman who
just was up here, I think it's very disrespectful for him to not use his voice while he was on the COPA
committee and tell us exactly the same things he just told you now.
Compared to the artists that we have, Shawn Perkins, who will be talking shortly, he's been doing
artwork all over our District of Columbia, all over the United States, I mean hundreds of artwork. He's
worked for different companies that are praised and known, and for someone to disrespect his art. Art
is subjective. I just want to say that we did go through the motions. I want to say thank you to Pastor
Michelle. She helped us understand and be able to have a visual of what trying to get away and
endangered, get away as an enslaved and being enslaved. It really took me to a level of, "Wow, this
was in our backyard." I don't think that story has been told and it should be.
Page 8 I June 28, 2022
Mayor Burk: Right. Thank you. Ms. Felder, thank you very much. Duane Williams Jr. will speak next
following, Shawn Perkins
Duane Williams Jr.: Great evening, Madam Mayor. Duane Williams Jr., D-U-A-N-E, pastor, activist
and a native of Baltimore, Maryland. I'm grateful to be here to help out my friend and family, today
convey the heart of the importance of making this mural a possibility. Martin Luther King wrote these
words, "We are not makers of history. We are made by history and history is made in all of us."One of
the things that is very scary for me in this country alone is that we can acknowledge so much history,
but there is a time to acknowledge individual history, that being a Latino American, and specifically
today, African American.
The question becomes to many of us who are sitting here in our decision-making seat is what will we
do with history? Will we allow the opinions of people and their disgruntlement of the way that they feel
to decide the level of history that needs to be made for the lives of 8% County of African American
people?Yes, this County is made up of 8%African American people. I think there are to be some level
of conviction, some level of morality, some level of value that says that not that you owe us, but that we
can compromise in building a mural that helps us understand and see the history of African American
people.
I don't need all of my time today, but I'll close with this remark. Dr. Martin Luther King said these words,
"The ultimate measure of a man or woman is not where he stands, or she stands in the moments of
comfort, or in the moments of convenience, but is where he or she stands at the time of challenge and
controversial."The question becomes to this Council today how willing are you willing to go beyond this
state and beyond this seat to make sure that you convey the heart of your African American community.
Thank you.
Mayor Burk:Thank you.Thank you, Mr.Williams. Shawn Perkins followed by Pastor Michelle Thomas.
Shawn Perkins: Good evening, everybody. My name's Shawn, S-H-A-W-N. Last name, Perkins, P-E-
R-K-I-N-S.
Mayor Burk: Thank you.
Shawn Perkins: I am the artist that was chosen to spearhead this project from that side of things. This
wasn't something that just happened overnight. I spent a few trips out here last spring,touring the actual
spaces that are depicted in the artwork with Pastor Michelle with Carmen. We actually got to hear the
background story from Pastor Michelle herself in terms of the historical side with Bazil Newman and
this whole story that I had no idea about. I would've never known about until I heard it from her.
I think a lot of people were probably in the same boat with me. I don't hear about Bazil Newman growing
up in school. I went to Howard University, HBCU here in DC.This was somebody who they never spoke
about.To have this person who was such a historical figure in this community, I think it was amazing to
hear his story, to hear how he was a credible boatsman and how he helped free slaves.
Ultimately,when it comes down to the artwork, I heard the gentleman earlier speak about the scale and
things of that nature. This is art. It's about telling a story. We're not talking about having this like height
of this person. Of course, you want to be accurate as possible, but it's artwork. It's supposed to tell a
story. That's the main objective behind the artwork is to share this story because people don't know
about it and to have that amazing figure here in Leesburg, I think is amazing in itself. I think that story
ought to be told. The best way to do that is through visuals. Like Carmen mentioned, I've done a lot of
murals in DC during Black Lives Matter Plaza,when the aftermath of the George Floyd incident.
Then the protest and everything that came after that. My duty as an artist is to record history through
my visuals. This is something I'm passionate about. I believe it's my purpose. I would hate to see such
an amazing story not be able to be told and not be able to be shared and for your community and the
people who live here and not to know about it. I'll wrap with that. Thank you for your time.
Mayor Burk: Thank you. Thank you, Mr. Perkins. Pastor Michelle Thomas followed by Mr. Ron
Campbell.
Page 91 June 28, 2022
Michelle Thomas: Thank you so much, distinguished Town Council. Let me read a just excerpt from
research that we've been doing at the Loudoun Freedom Center. This research is by Peter H. Michael,
Fight to Freedom,the Legendary Underground Railroad. He talks about underground railroad freedom-
seekers throughout Loudoun County and other places in the world. There's this particular passage in
here that talks about Bazil Newman. Let me read it for you. It says--This is of a six-person escape to
freedom in 1855.
It says, "The two couples and two unnamed began their escape near Aldie on Monday, Christmas Eve,
1855. Frank Wanza,who was enslaved person that was born into slavery in 1830, he passed down this
account that the group crossed at the Potomac by wagon on horseback at Edwards Ferry, which would
appear to be the safest part of crossing within easy reach of Aldie. The ferry was manned by three
generations of African American, Newman family, beginning with Bazil Newman, who died in 1852.
Before and after the civil war, it was recorded that the Newman's had used the ferry to pull freedom
seekers to Maryland. Mason Esley's remembrances recount the Newman's transporting and guiding
runaway, corroborated by his relative, Samuel Esley, who wrote that a free Negro, the Ferryman at
Edwards Ferry on the Potomac was the underground agent of these organized thieves. Chesapeake
and the Chesapeake and Ohio Canal bordering the Potomac across the River Maryland was a part of
the route which received on certain boats, fugitives, rich received on certain boats, not just one boat,
fugitive bought over by the Ferryman.
There you have it. Bazil Newman and a Newman family for three generations transported enslaved
people to freedom through this crossing. The story must be told. The Courthouse hails that it is a
underground network to freedom site, and there's no visible evidence of that recorded in Leesburg.
There's nothing, no signage of it, no visual evidence of those persons. Today, we have its opportunity
to tell a different story. Not just the story of the enslaved, because Bazil Newman was born free.
Entrepreneurship, business ownership, the same things that we fight, African Americans fight to be a
part of now,we have this story of a long lineage of resilient people. Please help us share the truth, help
us tell the story.
Mayor Burk:Thank you.Thank you, Pastor Michelle. Ron Campbell followed by Minu Beijan.After this
gentleman.
Ron Campbell: Hi, good evening again. My comments tonight don't reflect any disrespect for the efforts
of Ms. Felder and certainly not the artist. It goes a little bit deeper than that. It goes a little bit deeper
than telling that history that we've neglected for so long.Also, continuously sit on the friends of Thomas
Balch Library, Black History Committee. Part of the process was this particular opportunity was brought
to that committee.
I don't think they said we don't want any artwork or we don't want any history. It was an interpretation
of what that history should reflect Leesburg, specifically, that I think was reflected, and it needed to be
heard. I don't think we can let political, patronage, issues or family-related issues get in the way of
hearing the voices of dissent. This is what this is about. This is not about good people, bad people. It's
about being able to listen to the dissent respectfully and then come to a conclusion.
When that's not happening and it's on your agenda tonight to talk about removal of three commission
members because you don't like the extreme action that they took, and not understanding the
circumstances that promoted that, whether it is right or wrong. I know about dissent in this community.
I know about dissent in this country.
I know it's uncomfortable and some people can't handle it, but there's a way that simply says when
something has to be stopped to be respectful,then people go to extremes. I think it's if you are seriously
interested in citizen input and it didn't happen in the last process, and now you get the citizen input and
you won't listen to it by your own commission.
I've sat on this Town Council long enough to have heard conversations about public art and not one of
us ever said, "We are their art critic." It is incumbent upon you to understand what takes place in this
community and what we approve as a Town Council does represent and reflect accurately the citizens
of this town. This particular historical artwork is critically important because it hasn't existed before.
Page 10 I June 28, 2022
It's incumbent upon this Council to seriously understand not what they think is worthy, but what this
community really believes it wants to see, irregardless of the interpretation of that history, that it has to
be accurately reflected because it's been ignored for so long. I would seriously urge you to understand
that your removal of citizen voices from a commission because they took a extreme action, does a
disservice to this body and the trust and transparency that this community has in it.
Mayor Burk: Mr. Campbell is followed by Minu. Is it Beijan?Am I saying it correctly? Beijan?
Minu Beijan: Yes. Thank you for your time. I appreciate it having me here, Madam Mayor and
Councilmen and Councillady. My name is Minu Beijan, M-I-N-U. Last name, B-E-I-J-A-N. I live at 126
Governor's Drive in Leesburg. As a Commissioner of Public Art, actually, I was chosen about a decade
ago because I had a graduate degree, both undergrad and grad degree in arts.
In graduate degree, I did have a thesis presenting the history of the beginning of people who came to
this country and with all the good and bad. The fact that I was aware of the history when I chose to be
a Commissioner of Public Art in Leesburg as well. I worked for the Frontier Culture Museum actually
for many years, but working as a commissioner for a decade, almost a decade, as an advisor to the
Council, that was my job.
I remained truthful to the purpose. I attended not only the monthly meetings and every special meetings
and all the private property mural pilot program committee that was requiring attendance of COPA,
volunteering, so forth. I practically did not miss any meetings, or I did volunteer to take notes until my
computer crashed last month. I shared that with the liaison.
Anyway, I have also been in touch with the Environmental Committee, the Diversity Committee, the
Tree Committee, because I do believe that we are not separate entities but work collectively to support
the economy of Leesburg.This is my goal.While as a Commissioner of Public Art, my job is to examine
the quality and execution of art, in this case a mural. I support the historical value and the goal to engage
the public and visitors in Leesburg.
Therefore, as a Commissioner of Public Art, I look for quality and presentation,the layout, perspective,
proportion. These are very important parts of considering what an art form should be, necessarily the
public art, if you look at it. The proposed work for the Black History Mural did not qualify in deliberation
and execution. It would frankly defeat the purpose rather than supporting the idea of what was behind
the history or the economy of Leesburg. On June 6th, COPA meeting--
Mayor Burk: Ms. Beijan, your time is up. Yes. I'm afraid your time is up right now. I'm afraid your time
is up. Thank you very much.
Minu Beijan: I have just a couple of things to say.
Mayor Burk:Your time is up. I'm sorry. You need to have a seat.
Minu Beijan: Okay.
Mayor Burk:Thank you. Is there anybody else in the audience that would like to speak that didn't sign
up to speak? Please come forward.
Kareem McCullough: Good evening, Madam Mayor, Members of the Council. My name is Kareem
McCullough. I live at 7 North Street, Leesburg, Virginia. I am also a Member of the Commission on
Public Art. We've heard a lot of back and forth about this and I just felt I need to just throw in a couple
of points just to make home that this is not a personal vendetta on my part or my colleague's part.
We just feel very strongly about artistic and historical integrity. I really wanted them to express
themselves and not feel like it was just me trying to pull the strings here. I do not just read with having
a mural about Black history here, I just think it needs to be done correctly. I think it needs to be done
accurately.
Page 11 I June 28, 2022
We need to go on what we do know and what we don't know. I'm actually pretty surprised and I'm
actually delighted to hear that story that Pastor Michelle said, because in all the research I've done,
even reading her own personal articles, I've never read that. That's an interesting piece that we actually
have stats now to put that. That's one of my complaints that's satisfied, but we still have the artistic
integrity of the artwork to consider as well.
I think that my colleagues elaborated on that pretty well. That was originally my goal. I had set up
according to what the Town Plan says to have the commissions work together. I got the members of
the BHC, and even though not officially commissioned, but members of the board to come together so
that we could come up with a set of criteria and we could finally agree all stakeholders involved.
We could then give that to Mr. Perkins and we could come up with something. I was called a habitual
over stepper and a fool for taking such actions. It is these reasons why I felt that the situation was so
toxic that feelings needed to be cooled. I think there was just too much going on. I convinced two of my
members to step out and break quorum in order to stall the meeting, essentially, an old-school filibuster
that is a tried and true political tactic that's done in all the time,just to give people time to calm down.
I only ask here today that if you do wish to remove us from it,that you focus only on me. It was my idea.
I'm the one who convinced the others to walk out. I should be the one who's punished for it. I think the
artistic quality of those two combined vastly eclipse any of the other members, and it would be a shame
to kick them all out. I would just ask that you let them continue doing what they're doing, and if you feel
that I and my organization stepped out of bounds and you would like to see someone go, make that me
and not the rest of them. Thank you.
Mayor Burk: Thank you. Is there anybody else from the audience that would like to speak that didn't
have the opportunity?All right, then I will close the petitioner section at this point, and we will go to the
approval of the Consent Agenda. 12A is the Agreement with the Evergreen Company's LLC to Facilitate
Installation of a Stormwater Infrastructure Associated with Residential Development. B is Pavement
Marking Service Contract Award.
C is the Airport North Apron Paving Hangers, and C and D Rehabilitation. D is the Appointment to the
Technology Communications of Chris Grandjean and E is Special Event Fee Waiver for the Artistic Fuel
Tie That Binds Benefit for Uvalde, and F is the Crescent District Master Plan Update Revision. Do I
have a motion by Mr. Martinez second? Second?
Council Member Cummings: Second.
Mayor Burk: Seconded by Council Member Cummings, is there anything anybody wants removed or
added?
Council Member Fox: Yes, Madam Mayor. I like to remove item A, the Agreement with Evergreen
Companies, and item E, the Special Event Fee Waiver. I have a couple questions about that.
Mayor Burk:All right.Then we have a motion to accept 12 B,C, D, and F.All in favor indicate by saying
aye.
Members: Aye.
Council Member Nacy:Aye.
Mayor Burk: Opposed. Okay. That's 6-0. All right. Ms. Fox, you asked for the Agreement with the
Evergreen Company LLC to Facilitate Installation of a Stormwater Infrastructure Associated with
Residential Development.
Council Member Fox: Yes. I don't have any problems with that. I just wanted to figure out-- I had a
couple of questions about it. If I could ask Town Manager, I suppose this would be for you, this is a by-
right use, correct? Never mind we've got an entourage. It's my understanding this is a by-right project,
correct?
Page 12 I June 28, 2022
Christine Newton: Yes ma'am.
Council Member Fox: Is there any town involvement or oversight of the project whatsoever?
Christine Newton: Well, there's just the normal Town approval process for the project through Plan
Review, and then yes, the agreement, it would not require oversight of the project, but it would require
compliance with some of the controls that are in the agreement in terms of we have requested
protections for both the Town and the property owners to make sure that the use of the Town easements
is appropriate.
Council Member Fox: Okay. That's great. We're talking about the easements, the encroachments.
There's going to be encroachment in a Town parcel. Correct?
Christine Newton: Right.
Council Member Fox: I'm wondering about that oversight and everything. How will that be monitored?
Christine Newton: Let me go ahead and put this up. All right. We have there a picture of where the
evergreen parcel is and the town parcel adjacent to it. Okay. Whoops, excuse me. The encroachment
consists of those couple of triangles that you see on the maintenance access road. What's happening
here is that Evergreen would be constructing this cul-de-sac on their property.
They would need to create a stormwater detention basin in the area that you see marked in lettering.
In order to access that detention basin for maintenance, the engineering of the turnaround would just
require that maintenance access road to encroach on the town parcel by a little bit in those two spots.
Council Member Fox: Okay. That access road, is that going to be the permanent access when
everything is built out for the development?
Christine Newton: Yes.
Council Member Fox: It's going to be off of Dodd.
Christine Newton: No. The cul-de-sac that you see there is to be part of the development. That is not
Dodd.
Council Member Fox: Got you. It's coming off of Morven Park Road.
Christine Newton: Yes.
Council Member Fox: Okay.
Christine Newton: Indeed.
Council Member Fox: The house that's on the Evergreen parcel right now, is that staying?
Christine Newton: No.
Council Member Fox: It's not.
Christine Newton: Yes.
Council Member Fox: They've been notified the people who live there.
Keith Wilson: [unintelligible]
Council Member Fox: Oh, okay. For the rest of the folks around them, of course, there's going to be a
lot happening around. Everybody's been notified properly by Evergreen about what's about to happen.
Page 13 I June 28, 2022
Christine Newton: I will let them answer questions about what they may have told neighbors so far.
Under the agreement that's in front of you, they have not been required to do anything, any notification
yet. That will come if you decide to approve the agreements. There are several notification
requirements, and I can go through those with you.
Council Member Fox: I saw the notification requirements. What about timeline? I guess that's an
Evergreen question too. When is this going to start?
Christine Newton: Timeline for construction or timeline for?
Council Member Fox: No, for preparation.
Christine Newton: First of all,the project does not have final plan approval yet.They would need these
agreements in place in order to get final plan approval from the Department of Plan Review.
Council Member Fox:Okay.Why then if there's no final plan approval are we agreeing to this tonight?
Christine Newton: Because we can't allow them to have their plan as proposed. It can't be approved
without these additional rights. They wouldn't be able to construct it as proposed without being able to
upgrade the offsite infrastructure and create this encroachment and also do some grading on the Town
parcel that allows the drainage to go to their stormwater detention basin.
Council Member Fox: Okay. I'm a little worried about doing this tonight because there's been nothing
that's been told to the community yet.That's my hang-up, I guess. I'm probably going to have to refrain
from voting for this. Thank you.
Mayor Burk: May I ask a question?You said that the community will be notified of this.
Christine Newton: Yes. The agreement contains some pretty substantial notice requirements and
other protections for both the Town and the neighboring properties. First of all, we've required that the
first thing is that the Town will be writing a letter to all the affected properties.That letter will become an
exhibit to the agreement and will need to be enclosed in a notice that Evergreen will then need to send
to the affected property owners.That has to happen at least 14 days before they enter these properties.
They need to enter the properties first to do several things that we've required them to do in the
agreement. First, they're going to have to document the existing conditions, and that's everything.
Everything in the easement areas. They're also going to have to offer the homeowners a structural
assessment of their homes by a third-party professional. Then they are going to also need to offer an
informational meeting to the homeowners if the Town requests it.
All that happens before they come on the property. Then they come on the property to actually perform
those structural assessments as requested by the homeowners. If the homeowner wants it, they get it.
That's at Evergreen's expense. They will provide a copy to the homeowner.They will provide a copy to
the Town so that we can see that they've complied with the requirement.
They will then also provide all the homeowners with the name of the contractor who will be on the
property, contact information for both the contractor and the foreman of the job, and a schedule for the
construction.
The agreement requires them to stick to the schedule that they have provided with the homeowners,
unless they come back to the town and say, "We had, for whatever reason, we had a delay.: We think
the delay is reasonable. We say, "Okay, extend it and give a new notice."
Mayor Burk: Okay. The stormwater pond won't have any, but that'll be all part of the process of that,
that that won't have any impact on the residences that are there now.
Christine Newton: No, ma'am.That is totally contained on the Evergreen parcel. The effect that it has
is that it requires this construction of the maintenance road that comes onto the Town parcel slightly. It
also requires some grading of the town parcel that's shown in this yellow area.
Page 14 I June 28, 2022
Mayor Burk: Is this a unique process, or is this the standard procedure of how we do it when you have
a situation like this?
Christine Newton: Let me answer that in two ways. The encroachment agreement is not unique at all.
This is our standard encroachment agreement. Every time we have something that's either on Town
property, in a Town easement, in the Town right of way, this is a pretty standard encroachment
agreement.
The other agreement is special because this is not a situation that we have come across many times,
but I think you will probably sadly be seeing these kinds of situations more frequently as we hit parcels
that are infill projects.
This is just an overall showing of the part of the drainage shed for this area. You can see that, while
we're talking about drainage improvements to a small part of this--whoop, wow, I'm clicker challenged
tonight. I apologize you guys. The offsite improvements are highlighted in yellow here. Just this will
affect approximately seven properties, and that will go from the Evergreen parcel to William Street.
Then there will be some area that does not need any upgrade. Then there will be an upgrade for this
couple more parcels towards Morven Park Road, and that will impact the drainage that is in this entire
area that you see infrastructure depicted.
Christopher Spera: Madam Mayor, if I might interrupt Ms. Newton just for a moment to try and answer
your question. While, this is not a process that I understand we've used in Leesburg before, I'll have to
accept some blame if you don't like it because I brought it from my work in Alexandria. Alexandria has
a lot of infill projects, had a lot of them when I was there. As you are likely aware, as you get closer to
the river, to the Potomac,there's a lot of marine clay, and that ground is not particularly stable.
What we found with excavation projects is that there was vibration and some settlement, and the
homeowners would complain. Basically, this was a process that the Public Works staff and I developed
in Alexandria for those types of projects. I basically dumped it on Tina as she worked through this, but
it worked there, and it protected both the property owner because all these inspections and notices are
built-in.
At the same time, it protected the contractor and the city from false claims,that you were out here doing
this project and now I have a crack in my wall.Well, if you do the inspection,and the crack is preexisting,
then nobody's paying for that. We found it to be a pretty thorough process. Everyone felt protected by
it, and it really dramatically reduced the amount of claims and complaints that arose out of excavation
projects like this.
My fault, I guess is a very long way of saying that.
Mayor Burk: Who pays for it?Who pays for the inspection?
Christine Newton: Evergreen does.
Christopher Spera: The developer.
Mayor Burk: I just want to get that.
Council Member Fox: I have a follow-up, Madam Mayor, if I may.
Mayor Burk: Yes.
Council Member Fox: The only misgiving I have is that the site plan is not finalized. What I see here
might not be final.That's the only thing. Is that a normal process,to do this before a site plan is finalized?
Christine Newton: Yes. Because usually-- Well, I know, certainly, but Bill often requires agreements
that I have to work on before he will approve a plan.
Page 15 I June 28, 2022
Bill Ackman: You're welcome. We would not be before you tonight if we weren't comfortable with the
size of pipes that needed to go down through those easements in the upgrades that are required. We
have been working with this developer for several years. There have been, I'm going to say a handful
of developers that have walked away from this project because of stormwater and stormwater
management.
This developer is willing to do some upgrades to our existing storm sewer system that not only increases
the life of the value of the storm system, but also carries more water than the existing system does.
Again, we wouldn't be before you today if we hadn't been working with the developer and his engineer.
You can see this is a half-sized set. It's a pretty substantial set of plans. Most of it is stormwater
management and storm sewer design.
While we don't have the final plans here, I think the developer would say, if he was able to get this
through tonight, and again, it's 100% your call on whether you want to do it or not, but I think he would
say, if it's a go, he's going to give his engineer the final say to say, "Finish these drawings. Get them
in." Because I can't approve them without the off-site easements and agreements that are before you
tonight.
Council Member Fox: I totally appreciate that. I'm wondering, is it the normal practice and process to
do it this way?
Bill Ackman: I think it goes back to what Mr. Spera said about, it's not something that we have done
normally, but this is a different animal because it's an infill lot, and you're connecting to storm drainage
that has been there for probably 30 years, plus or minus, and may not have been sized for this type of
development and for carrying the storm drainage that's required for this area.
Council Member Fox: Okay. Thank you.
Christine Newton: If I could just add to that, just two items. One is that the agreement will require
installation in accordance with the plans as they are finally approved, not as they stand today. The
second one is that it is very explicit that it doesn't function as a development approval, and that if the
development then somehow doesn't happen,the agreement terminates. That's built-in.
Mayor Burk: All right, thank you. Appreciate the information. Any other questions on this? All right.
Would anybody want move the Agreement with Evergreen? Mr. Martinez, it's--Okay, I got to get it out
first. [laughs]
Christine Newton: Okay.
Mayor Burk: The agreement. Move the agreement.
Christine Newton: I have motions.
Mayor Burk: You have a motion.
Christine Newton: We have two resolutions. One for the encroachment agreement and one for the
offsite utility infrastructure installation agreement.
Mayor Burk: Okay. Go get it, Mr. Martinez.
Vice Mayor Martinez: [inaudible]
Mayor Burk: Your mic's not on.
Vice Mayor Martinez: Give me a chance. In the Consent Agenda resolution under item A, is that still
enough to make that motion, or do I have to make two motions on top?
Christine Newton: We had two motions in the--
Page 16 I June 28, 2022
Vice Mayor Martinez: Oh, I see it. I will move the approving encroachment agreement with the
Evergreen Companies Limited, and Approve the Offsite Stormwater Infrastructure Installation
Agreement with the Evergreen Companies Limited.
Mayor Burk: Is there a second? I didn't hear.
Council Member Steinberg: Seconded.
Mayor Burk: Seconded by Council Member Steinberg. Martinez. All in favor.We are approving both in
one vote. All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed?
Council Member Nacy:Aye.
Mayor Burk: Was that two?Just one.
Christopher Spera: Just one.
Mayor Burk: Okay. I couldn't hear if it was Ms. Nacy or not. Okay. All right. Your next one that you
removed was the special fee event--Thank you very much.
Christine Newton: [Inaudible].
Mayor Burk: Special fee event waiver for artistic fuel ties that bind benefit for Uvalde.
Council Member Fox: I just have a question. I can't remember. I feel like the Council has had a
discussion about a recommendation to limit fee waivers. Do we set a limit per event?
Kate Trask:There's been no limit set on fee waivers.
Council Member Fox: Okay.
Kate Trask: You have a limit in your line item in the budget, but not per fee waiver.
Council Member Fox: Okay. Thanks.
Mayor Burk: All right. In that case,would somebody like to move this special-- [chuckles]
Vice Mayor Martinez: I would like to move the special--
Mayor Burk: Your microphone.
Vice Mayor Martinez: I would like to move the Resolution Special Event Fee Waiver for Artistic Few
Ties that Bind Benefit for Uvalde.
Mayor Burk: Is there a second?
Council Member Cummings: Second.
Mayor Burk: Council Member Cummings. Any questions?All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk:Opposed?That's 6-0-1.All right.That takes us to our resolution,which is the Black History
Mural Proposal. Do I have a motion for that?
Page 17 I June 28, 2022
Council Member Cummings: So moved.
Mayor Burk: Moved by Cummings, did you say?
Vice Mayor Martinez: [unintelligible]
Mayor Burk: Mr. Martinez? Sorry. You guys are hard to hear over here.
Council Member Cummings: Okay.
Mayor Burk: Mr. Cummings,were you second?Who's seconded?
Council Member Cummings: I'll second.
Mayor Burk: Mr. Cummings seconded. Are there comments people would like to make at this point?
Yes, Mr. Martinez?
Vice Mayor Martinez: No, I don't.
Mayor Burk: Mr. Cu-- Pardon?
Christopher Spera: [inaudible].
Mayor Burk: Do people want the picture of the mural? I know what it looks like. I don't need to see it.
Council Member Fox: Yes, I've seen it.
Mayor Burk: Okay. Yes, she can put it up on the mural. Mr. Cummings.
Council Member Cummings: Thank you. Thank you to Ms. Felder for bringing this forward and your
organization. Just a few quick comments on the art side of this. I'm not an artist, and I don't claim to be
one, but I can tell you that art, in my opinion, and others that I've talked with, is not-- When art and
history mixes, it's not a one for one. It doesn't have to be exactly how it happened.
A very famous picture of George Washington crossing the Delaware. I guarantee you, George
Washington, one, did not stand up in the boat at the front while he was crossing the Delaware. Number
two, I know he didn't actually cross the Delaware with a lot of soldiers because he was the last to cross.
That's a very famous piece of art that is also historical.
The same can be said July 4th. The same can be said with the signing of the Declaration of
Independence. It's a very famous painting of all of the members of the Continental Congress signing
the Declaration of Independence. We all know that, one, it was never signed altogether. They signed it
individually because they were committing treason. Number two,they weren't all there at every meeting.
Again, these are very famous works of art that tell the story of our history. That's exactly what this is.
The fact that there's no public demonstration that Leesburg was a part of the underground railroad, is
abhorrent, and it's appalling. The fact that the Courthouse is a registered natural underground railroad
network to freedom site with no marker, is insulting.
For us as the Town of Leesburg to be able to start to tell this story with a beautiful piece of art that gets
people talking,it's on the side of a museum that they can then have some artifacts,and some storytelling
there in that museum, I think is perfect.
Beyond the art, and the public art perspective of it, it also is an economic development driver. It's going
to bring people to the Town, it's going to get people spending money, it's going to get people telling
their friends to come to Leesburg, and so I'm a hundred percent in support of this, and I think it's way
overdue. I just appreciate Ms. Felder for bringing it forward,and for everyone who spoke for and against
it, because dissent is okay, but respect is the key.
Page 18 I June 28, 2022
Thank you. I look forward to voting yes.
Mayor Burk: Ms. Fox.
Council Member Fox: Thank you. First, we're considering something over an ademption of a public
service. Ms. Bohanon, who's considered one of the foremost experts on the African American history
in Leesburg, if not Loudoun County itself, that to me is a bit of a head-scratcher, but it's the heart of it
for me. It's disingenuous that, again, I'm saying this again, probably for the thousand time,that we hold
residents of businesses'feet to the fire when it comes to what they can and can't do with their buildings
here in the H1 district.
For me, it's about integrity in this Town, it's adherence to its own rules, and pretty weary of the rules for
me, but not for you or not for my attitude. I don't think that's the way to run a Town. I don't think it inspires
public confidence, and I'd like to see it display a bit more integrity in our decision-making when it comes
to the historic district.
I really don't care if it's a mural of the first supper, just because we want to have that. There is not a
reason to go ahead and do it. I do agree with compromise, and I respect the efforts put forth. The
proposed art is a story that should be told, and I'd like to see this mural depicted. To that point, I am in
favor of a projection display on a very old building. I'm sure it can be done well, and we can be seen
both day and night, and bring some foot traffic that's hoped for,and the people will still come, and they'll
still spend their money.
Also, if we're going to direct something to be displayed on the facade,whether it be a mural or anything
else, I feel like, in the interest of fairness, there should be equal access and not just one mural for an
unnamed amount of time. Thank you.
Mayor Burk: All right. Is there anyone else that has anything they would like to say at this time? Mr.
Martinez?
Vice Mayor Martinez: I was going to suggest you ask Kari before you forget her.
Mayor Burk: Oh. I was asking. Okay. Thank you, because I'm notorious for forgetting.
Kari, do you have anything you would like to say?
Council Member Nacy: Thank you. I was going to chime in. I appreciate that. [laughs] I echo
Councilwoman Fox's comments to a certain degree. My comments were going to be about just being,
we need to be consistent with ourselves, and this thing, the standards that we hold our citizens and
business owners too in the H1. It's absolutely not about the content, and I agree, this mural, may be a
compromise would be the projection of it, or elsewhere in the town, I don't know, but just in the historic
district,the comments from our citizens on the Town social media pages,the feedback we've received,
they're just generally against this sort of thing being in the historic district because of the character of
the buildings, or the preservation of the buildings, and that sort of thing.
Again, I agree with the fact that I think if we're going to hold our residents in the H1 to a certain standard
about paints, and gosh, even certain boards that they use, that we should be doing this the same with
ourselves.
Mayor Burk: Okay. Thank you. Now, Mr. Martinez, did you?
Vice Mayor Martinez: Yes. I wanted to say that I really appreciate Zach's comments because I think
they're apropos, and I've been supporting a mural of this type in our historic district, because where
else should it be? I don't want it on the side of Wegmans, or any place else. I think where we're putting
it is appropriate. I am supporting this. Thank you.
Mayor Burk: All right. I would like to thank Ms. Felder very much for her patience during this process.
This is a unique process. We've never had anybody bring forward a mural, and be willing to pay for it,
and design it, and take care of the whole thing. It was a totally new process for us, and we stumbled a
Page 19 I June 28, 2022
few times. I do apologize in that situation, but it's a great opportunity. The stories that Pastor Michelle
told about the Grimes family at that meeting the other day was fascinating. I've lived here all my life and
I've never heard the stories that she was telling. I went and started reading, trying to find information
about Mr. Grimes and his family. I would never have done that. I think that's what art is about, is trying
to make people think differently and look differently and see differently.
I want to thank the artist for your patience. I know that you have been anxious to get this done and bring
it forward.At sometimes maybe some of the comments were not the most professional. I most certainly
appreciate the fact that you've stayed with us and taken the information when you were asked to remove
this or remove that, and you did so.
I know that Ms. Bohanon, in particular, had an issue with Harriet Tubman. When you took that, when
you removed that, when you compromised on that particular issue, her email back was to say that she
was satisfied with the change in the compromise and was happy with the mural.
I am very excited to be able to move forward on this. It's taken too long, and it's not gone the way I'd
hoped it would go. I think our next action is going to be one that is a result of this. I'm very sorry about
that, but I'm very excited about the mural, and I think everybody who's involved in bringing it forward.
Thanks to Commission on Public Art. As I said, it's been a hard process. We learned a lot, and I'm
looking forward to doing the ribbon cutting on the new mural.
Thank you very much. Mr. Steinberg?
Council Member Steinberg: Thank you. That's just a point of clarification. I'm just a little puzzled on
some of the objections about lack of consistency between what the Town does and what residents do.
Our ordinances are fairly clear. The only buildings upon which public art may be placed, are owned by
the Town within the H1. It does not include residential buildings. The Loudoun Museum is owned by the
town. The only buildings upon which we have placed murals are publicly held buildings.This is entirely
consistent with the way public art has been treated in this particular district, and I think the citizens
understand that completely. Thank you.
Mayor Burk: All right. That being the case, we have a motion by Vice Mayor Martinez, seconded by
Mr. Cummings. All in favor of the mural to move to authorized Carmen Felder to proceed with the
proposed Black History Mural project on the east facing wall of the Loudoun Museum, please indicate
by saying aye.
Members: Aye.
Mayor Burk: Opposed?
Council Member Fox: Nay.
Council Member Nacy: Nay.
Mayor Burk: That goes by 4-2-1. Thank you. You guys count better than I do tonight. 4-2-1. 4 and 2
opposed and 1 not here. Move on. You can now move forward. Thank you very much.
Our next item is the removal of Commissioners from the Public Art Commission. What I would like to
do on this is make our comments before we make any motions. After that, after everyone has had a
chance to speak,we will make the motions at that time.
Mr. Cummings, I keep looking over there. There's nobody over here.
Council Member Cummings: Thank you. I just wanted to quickly put some comments out to the three
members of the Commission on Public Art that are up for dismissal this evening, but also for the rest of
the commission on public art. This is not about one piece of art. It's not about the Black History Mural.
This is about a consistent disrespect on the commission.
Page 20 I June 28, 2022
I find it fascinating that one of the members who walked out on Ms. Felder trying to present her piece
of art was given the same respect for a mural that he created that looks great that I love to drive by. To
say this is trying to stifle dissent or whatever, that's just hogwash. It is simply about respect, and that's
all that we're asking.
We're not asking you to vote for it or against it. We're asking you to provide the respect to the artist or
to whomever is coming in front of one of our boards or commissions. This would be happening if this
was something that happened at the Tree Commission or anywhere.When there's a disrespect like this
that's not just about one mural, but also I've watched the Commission recordings, and I've read the
notes in the minutes. I've talked to my Commission Member, Amy Manson who,just to go after one of
the points that one of the members said, has run a successful art business for over 30 years. To say
her experience on art isn't anywhere comparable to the other two members who spoke tonight, it's just,
again, it's just not respectful.Amy Manson is an incredible artist who has created an incredible business,
and who I was proud to appoint to the Commission on Public Art.
For me, politics is nasty. We are 45 minutes from Washington, DC, and we get to see every day the
kind of trash that happens there,and that's why nothing gets done.We don't need that here in Leesburg.
It's about respect. That's why I'll be voting to dismiss all three members. Thank you.
Mayor Burk: Mr. Steinberg.
Council Member Steinberg: Thank you, Mayor Burk. This is a decision that I take very seriously. I
want to make sure everyone understands that it is in no way a reflection of Commission Members
expressing opinions verbally,either in the Commission meetings or before us here.This has everything
to do about trying to short circuit what is a public process to which the public is entitled and to which the
Commissioners have all agreed to participate in.
I can't imagine where we would be, for example, if the Black History Committee, some of them had
thrown up their hands and simply walked out of their meeting and decided they weren't going to allow
the Black History Committee to meet the decision for lack of a quorum. For me, that was a reflection of
cooperation. Eventually, they came to a decision that they felt was appropriate for the Town.
We don't, as we know, on this Council always get what we want. As my colleague here said, it's a
political process, and politics can sometimes get a little nasty. The Commission on Public Art I think
should be one of the most joyful commissions we have here in Town. Look at the work that we have
done and what we have accomplished. I saw James in Raflo Park on Saturday, drawing portraits of
people. It was an incredible event that day, and our inventory of public art simply continues to expand.
It shouldn't be a painful process, in my opinion, and I regret that we're going to take this action this
evening, but we are. Hopefully, everyone can move forward. I would suggest for our Commission
members here that maybe in a couple of years, you consider running for Town Council and sit on this
side and try to understand the decisions in the positions that we have to make and that we're in. Thank
you.
Mayor Burk:All right. Is there anyone else who wants to make a comment? Mr. Martinez.
Vice Mayor Martinez: This is something that I do not take lightly. One of my main concerns was, if my
appointee had contacted me with these concerns,and what they were planning on doing, I'd have done
my best to dissuade her and say that this is not the way you do it. You're appointed by me.Your actions
reflect on me.
I know that I would never walk out on a meeting, just because I want to prevent a quorum. That is the
kind of behavior that I don't approve of, and that I would never do. Of course, it's painful for me to have
to do this, but I don't want to set a precedent that you can walk out on a meeting and escape the
consequences. It was in bad form, it was insulting, and it was something that I can't condone. That's all
I got to say. Thank you.
Mayor Burk: Is there anyone else at this point? Ms. Fox.
Page 21 I June 28, 2022
Council Member Fox: Thank you. I agree with Council Member Cummings, that it is about respect. I
don't agree with walking out on responsibility to prevent a quorum. With that said, I appreciate Mr.
McCullough's comments. Thank you. I think that mistakes were made. I think this Council is very quick
to let go of our Commissioners who have put in the time to serve. I don't think one mistake should count
against a Commissioner. However, it was one person's--one person has taken responsibility for this. I
get that two other did. I can't in good faith dismiss all three. Thank you for that.
Mayor Burk: Miss Nacy, did you have anything?
Council Member Nacy: I was just going to agree and echo what Council Member Cummings and Vice
Mayor Martinez said. I don't take this decision lightly either. From my perspective, you can certainly
disagree and voice that disagreement in both the meeting, and then when it comes to the vote, you
simply vote no. If we all walked out of our meetings because we disagreed, how would we ever get
anything done? I definitely take this very seriously and echo what my fellow Council people have said.
Mayor Burk: Well, Boards and Commissions are really important resources for the Council. We hope
that members of the Commission will guide the Council with recommendations and advice using the
concept of cooperation in the majority rule. If a person or a group of person insists that they are the best
arbitrators of a Commission, and they obstruct and disagree with the majority of the members,then the
Commission becomes very useless. It becomes null and void. It becomes a power struggle that's not
productive and does not have anything to do with art or the topic of the Commission.
The person who has appointed someone to a Commission and has lost faith and trust in that person,
that appointee, they feel that they're not representing them with dignity and fairness, respect, and
cooperation,and ask them to resign. It's pretty serious. Then to have the appointee refuse to step down,
is also very serious.
Commissions cannot work when people have their own agenda and refuse to work with other
Commission members. It's unproductive, and no one person is more important than the group.This has
not been a short one meeting issue. This has been a year-long struggle, and the environment has
become toxic and very unproductive. None of these people are my appointees, but I feel very sad that
we have gotten to this point. I wish that we had worked together, that you all had worked together with
the Roberts Rules and the majority rule and understood the importance of getting something moved
forward, even if you don't agree with it. That is just something that's very integral to the Boards and
Commissions being a resource to the Council.
That being said, I'm going to ask for a motion, on-- well, I'll ask if anybody has a motion at this point,
Mr. Martinez?
Vice Mayor Martinez: Well, I don't like having to do this, because it is in the record, and I would like
the opportunity to ask my appointee if she would wish to resign instead of having to be voted out. Right,
instead of me having to move the motion.
Mayor Burk: If you're--excuse me,you need to come to the mic, and I was hoping we wouldn't do this.
Vice Mayor Martinez: Well, I asked the question yes or no, and if she decides not to, then I will move
the motion to remove her.
Minu Beijan: I believe, as a Commissioner and advisor to the Council, I did try my best to project my
opinion at the time when we were cornered to say-
Mayor Burk: You've been asked, excuse me, one second, you've been asked a question. You only
knew he asked you,would you be willing to resign rather than be publicly voted out?
Minu Beijan: I would rather be publicly voted out.
Mayor Burk: Okay, thank you.
Vice Mayor Martinez: Then I move to remove Minu Beijan from the Commission of Public Arts.
Page 22 I June 28, 2022
Minu Beijan: I appreciate that.
Vice Mayor Martinez: June 28th, 2022.
Mayor Burk: Seconded by Council Member Steinberg. All in favor of the removal of Minu Beijan,
indicate by saying, aye.
Members:Aye.
Mayor Burk: Opposed.
Council Member Fox: Nay.
Mayor Burk: That would go 6-1, 5-1, 5-0, 5-1-0 [laughs]
Chris Spera: 5-1-1.
Mayor Burk: 5-1-1, darn. Okay. I got it. 5-1-1. All right. Is there a motion for number, C?
Council Member Steinberg: Yes, Madam Mayor. I move to remove Commissioner James Garofalo
from the Commission on Public Art.
Mayor Burk: Moved by Council Member Steinberg. Second by Council Member Cummings. Any
comments?All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed.
Council Member Fox: Nay.
Mayor Burk: Okay, that's a 5-1-1. All right. Finally, the removal of Commission on Public Art member,
Kareem,who's doing that one?
Council Member Cummings: I move to remove Kareem McCullough from the Commission on Public
Art effective June 28th, 2022.
Mayor Burk: Is there a second?
Vice Mayor Martinez: Second.
Mayor Burk: Seconded by Vice Mayor Martinez. All in favor, indicate by saying, aye.
Members:Aye.
Mayor Burk: Opposed? I didn't get that. I'm sorry.
Christopher Spera: It's six.
Mayor Burk: Ms. Fox. Did you vote?
Christopher Spera: Vote, aye. Six opposed, one.
Mayor Burk: Okay. 6-0-1. All right. That takes us to our public hearing on the golf cart service.
Well, he's just going to the presentation. Does anybody want to do a five-minute break? No.
Council Member Steinberg: I'm going to go.
Page 23 I June 28, 2022
Mayor Burk: Okay.
Council Member Steinberg: I'll let him go first.
Mayor Burk: Okay.
Council Member Steinberg: I don't want to drop.
Mayor Burk: Who's presenting? Oh, I'm sorry. This is a public hearing. That's right. Sorry.
I call to order the June 28th, 2022 public hearings, Leesburg Town Council. Unless there's an objection,
I will dispense with the reading of the advertisement. If you wish to speak, we ask that to either sign up
on the sheet in the hallway outside of the Council Chamber, but if you did not get the opportunity to sign
up, we will give you the opportunity to speak. In the interest of fairness, we also ask that you observe
the five-minute time limit. The green light in front of you will have turned yellow at the end of four
minutes, indicating you have one minute remaining. At that time, we would appreciate your summing
up and yielding the floor when the bell indicates your time is expired.
Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens.
However, rather than have numerous citizens present remarks on behalf of the Council, the group will
allow a spokesperson for the group a few extra minutes. In that instance,we would ask speakers when
they sign up to indicate their status as spokesperson, the group they represent, and their request for
additional time. Our procedure for the public hearing is as follows.
First, there is a brief presentation by staff about the item before us. Second,the members of the public
that have signed up to speak will be called and given five minutes to make their comments. The public
hearing for the agenda tonight is the expansion of the golf cart service area.
Yes, sir. We're all a little behind.
Calvin Grow: Mayor, Members Council. We're here as requested by Council to conduct a public
hearing regarding the Golf Cart Service Area Expansion. The operation of the golf carts currently is a
commercial shuttle service on the public streets, so enacting the Town Code and also, as required by
the State Code. Cartwheels,the town's only licensed golf cart shuttle provider,would like to expand the
operations in three areas of Town where the speed limit is 25 miles an hour. This is the current area
that we have in Town, as you can see, in the Northwest area, it encompasses the hospital. Also on
Loudoun Street, it encompasses the existing fire station to the south to Fairfax Street, and also on
Harrison to Crescent Park, and then to the north, to the east, to Dodona Manor, and also the existing
parking garage on North Street County garage.
Cartwheels is the only provider, and they're saying the busiest times of operations are Friday and
Saturday nights between 6:00 PM and 12:00 AM. The current hours of operation are seven days a
week, basically from 9:00 AM to 12:00 AM, except during the peak hours, between 8:00 and 9:00 and
also 5:00 and 6:00, they're not allowed on the roadways.
Golf carts, as we know, are equipped with the safety equipment that they have, and they're inspected
every year,and they do carry liability insurance,and the Town is an additional insurer on that insurance.
This Town staff believes that the service is primary to transport patrons to restaurants in different areas
of parking areas in the downtown. Cartwheel's current vision is to expand the service to a number of
areas in Town, and we can take a look at that. They would like to expand to the Northwest. They would
like to expand to Fairview Street in the residential area. They would stay off of Market Street, and they
would stay on the back roads in that residential area. To the SW area,they would like to expand to use
Dry Mill Road to the Prospect Hills area. Again, staying off Catoctin Circle. The SE area would stay the
same that they currently have now, but then the NE area, they would like to expand to the residential
area, Exeter subdivision. They would not include Plaza Street, would not be included, and they would
access everything through Edwards Ferry Road or Catoctin Circle to the north, and then a small section
of Catoctin Circle to the south, which would give them access to the businesses along Market Street
between Catoctin and Plaza Street.
Page 24 I June 28, 2022
Staff has not had a full opportunity to evaluate the service that they're requesting. Although staff
supports the current request because it involves a limited area, relatively modest number of carts.
Cartwheels would to expand the current carts. They have two in operation now, they would like to
expand that to four at any time.
Again, the Police recommendation is that they do not support this but staff does at this point. Public
Works staff.
I'd be glad to answer any questions you have.
Mayor Burk: Does anyone have any questions on this?Yes, Mr. Steinberg?
Council Member Steinberg: Out of curiosity, I see that there's an additional $2,000 for signage. Who
pays for that, first of all?
Calvin Grow: The town pays for that.
Council Member Steinberg: Town pays for that, and that$2,000, does that include the signage and
the signs installation?
Calvin Grow: Yes.
Council Member Steinberg: That's all then for that?
Calvin Grow: Yes.
Council Member Steinberg: It's for a business, so why is the town taking the responsibility for the
signage?
Calvin Grow: Currently, there's no mechanism, talking about the Town Attorney maybe--
Christopher Spera: If I could address that, Mr. Steinberg. We would recoup that in the subsequent
permit application. They already have a permit to operate this would expand their statutory authority, in
the next permit cycle,we would try and recoup that cost, but there's no permit application pending now,
where we could give them a bill.
Council Member Steinberg: Okay, that's fine. Thank you. I see that the vendor's liability insurance
would have to include the Town. Does that satisfactorily protect the Town in the event of a mishap?
Christopher Spera: It does, and it's really belt and suspenders, I believe. It is good practice to get
named as additional insured, but realistically,we are not operating this. We're not officially sanctioning
it or anything like that, in terms of an agency-type relationship. They are an independent company,
independent operator, and all the protections inherent in that are there.
Frankly, it's a leftover from the Taxicab industry, where it is common practice when you are licensing
livery companies to name a jurisdiction as additional insurance. I think it's a residual from that. From a
legal perspective, it's belt and suspenders. It's additional protection.
Council Member Steinberg: Maybe we should auction medallions. Finally, in the event of an
unfortunate mishap, what is the process for evaluation of the situation, and then the evaluation of the
program?What will we do?
Calvin Grow: If there's an accident, and it involves a [unintelligible] when we come back, we notify
Council of that, and we would definitely see what the situation was and to see if there was some issue
with the golf carts or it was our situation, but we would definitely get back to Council regarding that
situation.
Council Member Steinberg: Okay. Thank you.
Page 25 I June 28, 2022
Mayor Burk: Anyone else at this point? Miss Nacy?
Council Member Nacy: Just one quick question. When we approve this, if we approve this, and
something happens in one of these expanded areas, is there any way to walk it back after it's already
been approved and say, "Okay,we tried this out and it's not working,"and we go back to the way it was
before? How does that work?
Christopher Spera: Of course, you can amend the Code at any time when following the process for
amending the Town Code. One of the other things that I did here that was sort of a shortcut for you,
you may recall that in the original Town Code section, there was an enumeration of 22 or 23 block
faces. I didn't like that. What we did in the revised ordinance was basically let you approve a map. The
map defines where they can operate, and the operator is required to have the map in the cart.All you'd
really have to do is we'd have to-- If there was a problem area, let's play out the hypothetical, if there
was a problem area where we thought, maybe that's not a great area to have the golf cart operations,
we would simply redraw the map, and then you would approve that map, and then that becomes the
operating area, as opposed to having to amend the Code.
Now, if we were going to reduce the number of vehicles, say that's embedded in the Code, but if it's
simply the operational area, that's a relatively simple action for you and doesn't require the full-blown
amendment of the Town Code. I designed it that way on purpose so that it was easier to expand or
contract based upon operational experience and the community demand.
Mayor Burk: Thank you. Ms. Fox.
Council Member Fox: I don't have any questions, but I do have some comments. Do we have to have
a motion first to do that, or no?
Mayor Burk: Comments [unintelligible]
Council Member Fox: Thanks. This one was actually a hard one for me. I like this service, but then I
thought back to last night's discussion on scooters, and the Mayor did point out that every decision we
should make should be about public safety first. If that's true, then we should probably heed what the
Police Department has advised us, and that's that they do not recommend expansion in order to not
take chances.
I don't have a desire to terminate the service altogether, which seems to be something that they
broached, but because the public uses and likes this service, but I will take heed from the LPD and vote
no on expansion. Thanks.
Mayor Burk: All right. I have a question. First off, belts and suspenders? What is that? Belts and
suspenders, what is that supposed to mean?
Christopher Spera: It is redundancy.
Mayor Burk: Oh, okay. If you have one, you don't need the other. All right. I do have a question about
the map. On the SW part, the purple lines, see it doesn't go along Catoctin, the purple line, and it cuts
my neighborhood in half and the Prospect Drive there. It cuts that in half, or I forget what that road is.
Is there a reason why that's not pulled forward to Catoctin?
Calvin Grow: Well, because to get your subdivision to get your street, they would have to go on
Catoctin, and they did not want to put the carts onto Catoctin Circle.They're the ones that came up with
the map and they did not want to use Catoctin Circle. You would be excluded.
Mayor Burk: Where would be the closest spot?Anyway, so they drew the map.
Calvin Grow: Yes.
Council Member Steinberg: Mayor,point of information. Isn't it on Catoctin Circle between Market and
King?
Page 26 I June 28, 2022
Mayor Burk: It is on between the two.
Calvin Grow: No, it might show that, but it's actually north of the Catoctin Circle. They'll go down to
Fairfax Street as far as they would go, and they would not go on to Catoctin Circle.
The only portions of Catoctin Circle that they would go on again would be the Catoctin Circle between
close to Battlefield Parkway, not up to Battlefield, and down to just the back end of the shopping center
on East Market Street. They would service that area, but they would not go anything South of Catoctin
Circle on East Market in that area. They just felt that the speeds were too high on Catoctin Circle, and
they didn't think there was safety measure there.
Mayor Burk: All right. They tried. We get it moved over so I can use it. Your house is covered. That
was my only question. I know Mr. Martinez has taken the ride. I'm taking the ride on the fifth coming up
soon. From his accolades about how great it was and how everybody wanted it, it most certainly is
something that the public is most certainly aware of.
The comment about the safety aspect of it most certainly took that into consideration. They have to be
street-worthy vehicles.They have to have lights,they have to have turn signals.They have to have seat
belts. They have to have other things that are required so that the carts are street worthy. For me, that
took away the concern about the safety of it there. They're doing what's required to keep the vehicle
safe and the people within it as well as they can. I don't have that, but I did consider it,and most certainly
that is something that I understand people having issues with. Mr. Martinez?
Vice Mayor Martinez:Well, I wanted to comment that I did take the ride, and I know that[chuckles]we
stopped at a couple of block parties, and they're all excited to know that we're going to be expanding
the taxi service. I know all the businesses in the Giant shopping center. Although businesses there,
especially Shenanigans and Loudoun Kitchen were all excited about expanding the service there. It
solves a lot of issues for a lot of the clients and staff there, the customers.
The only concern I have about that whole ride was the exhaust. There's no real good way to not get
some of that exhaust in the cab. If there was some way you could ask them that they could do something
about that, if there was a way to prevent the exhaust from coming back at them, but that was my only
concern.
Mayor Burk: Okay. Everyone has had a chance to speak on this issue. The one person that signed up
to speak was the artist, Shawn Perkins. I don't think he wants to speak. Probably signed up for the
wrong thing. Is there anybody in the audience that would like to speak that didn't have the opportunity
to sign up? Anybody? Ray you want to? There is nobody in the audience, therefore I will close this
public hearing. Is there a motion that anybody would like to make? We can't still move it. We've got to
make a motion to.
Vice Mayor Martinez: Amending the Town Code 22-121, -122, -123 regarding the Use of Golf Carts
on Town Streets.
Mayor Burk: Okay. I'll second that. Is there any discussion at any point?All right. All in favor indicate
by saying aye.
Members:Aye.
Mayor Burk: Opposed. Okay, so that passes. 6-5-5-1-1. It took me the whole meeting, but I finally got
it. That takes us down to Council disclosures and comments. Ms. Fox? Nothing. Mr. Steinberg?
Council Member Steinberg: No disclosures. I would like to propose something for a future meeting. I
recognize that the Police Task Force was doing their job in a very little literal way, but I'm disturbed by
the fact that there was no community outreach short of the public notice of the meetings themselves.
I'd prefer not to wait six to eight months. I'd like to have a discussion on how we might use community
leaders and perform some outreach to the community and see if we can get some feedback more
directly.
Page 27 I June 28, 2022
Mayor Burk: All right. Four people that would like to have a discussion on how to have more feedback
concerning-
Council Member Steinberg: More community outreach.
Mayor Burk: -on the Police Task Force or the Police Advisory?What was the term?
Council Member Steinberg: Well, it's not even a Task Force anymore. They've done their job, but I
think we want to see if we can work to gather some public information, and see where we need to go
from there.
Mayor Burk: Are there four people that want to do that? [silence] No, that doesn't go anywhere. Mr.
Cummings?
Council Member Cummings: No comments. I do have one disclosure. I had a phone conversation
with Mr. Peter Kalaris about some zoning ordinance issues in the commercial space over at
Meadowbrook.
Mayor Burk: All right. Ms. Nacy?
Council Member Nacy: Nothing.
Mayor Burk: Mr. Martinez?All right. I would just like to say a few things here. I'd like to congratulate
the Master Gardeners for their 30 years of helping to make gardening a real objective for the people
not living on farms.They also each year donate at least a thousand pounds of food to Loudoun Hunger
and Relief. Thank them for all their efforts. I want to congratulate Dairy Queen on its 10th year in
business here in Leesburg. It's one of the most successful Dairy Queens in the area.
I want to thank Irvin Greene and the members of the Burg family reunion for the wonderful Juneteenth
event.This was their second one, and it was even better than the first. It's just getting better and better.
I want to congratulate the Sons of the American Revolution for their new John Champe Loudoun
chapter. They held a ceremony on the Courthouse Green to commemorate the Revolutionary War and
the part that the Loudoun leaders played in that war. Thanks to the Police for their donations of vests
and helmets,to the International Equine Group,who will be taking them to veterinarians,who are trying
to help the animals that are also impacted by this war. I want to welcome the four new recruits to the
Leesburg Police Department. Thanks to Grand Master Choi and the Taekwondo Police Federation for
the lovely ceremony with the Sheriffs Department. The Sheriff has done an MOA with the Federation
to train its officers on how to use Taekwondo in difficult situations, and perhaps deescalate situations.
Congratulations to them. I hope that our Police Department will look into doing the very same thing.
Last Saturday of the month, the Fire Department has a pancake breakfast, and it is a steal of a deal,
and lots of fun for the kids and parents. I want to thank the volunteer firemen for allowing me to use the
hose, although a couple of them had to hold it. I almost saved the burning building, but, I need a little
more pressure. Next time.
The Volunteer Fire Company, the Leesburg Volunteer Fire Company is great for the Town. I want to
thank them for all they do to keep us safe and fed.
Congratulations to Jeanette Ward and Rita Santori for their new sculptures in the Raflo Park.
Congratulations to Ryan de Angelo for his achieving the Eagle Scout. I want to wish everybody a happy
4th of July. I hope to see everybody at the parade and the fireworks. Mr. Town Manager?
Kaj Dentler: Just two comments. One, I believe most of you last night met our new Planning Director,
James David, and you have the opportunity to meet with him individually, if you so wish to do that,just
let us know if you've not already scheduled that.
Second, I hope you have a great happy July 4'h celebration. I know most of you, if not all of you, will be
at the parade, and I hope you enjoy that. Then the concert at Ida Lee Park in the evening, it'll be all
Page 28 I June 28, 2022
hands on deck for Parks Recreation, Public Works, and Police to make sure that everyone has an
enjoyable and safe holiday. Thank you.
Mayor Burk: Is there a motion to adjourn? Second? Nobody was going to second there? Second by
Mr. Steinberg, All in favor?
Members: Aye.
Mayor Burk: Oppose?All right,we are done.
Page 29 I June 28, 2022