Loudoun Now for March 16, 2023

County Sees Surge in Dogs Needing Homes

BY RENSS GREENE rgreene@loudounnow.com

Loudoun County has another population looking for homes in record numbers: dogs.

On Wednesday, Loudoun County Animal Services issued a call for help after seeing the number of dogs coming into the shelter more than double. From Dec. 6 to March 6, the shelter took in 210 dogs, compared to 93 over those three months a year before. Even the department’s new state-of-the-art facility is at capacity, and a county that usually helps relieve overcrowded shelters in other jurisdictions is now struggling to find enough homes for its own pets.

Loudoun County Animal Services Director Nina Stively said most of those dogs have never been to the shelter before. That shelter seems to be another result of people scraping to get by amid increased financial stress since the COVID-19 pandemic.

“Housing is definitely the biggest issue, and I think that goes hand in hand with the economic situation right now,” Stively said. People are struggling to afford to properly care for their pets, or they are having to relocate to rent in a new place where the landlord doesn’t allow pets. Surrenders of cats are also up, but they are also being adopted out quickly, so the shelter isn’t backing up with cats looking for a home, she said. But dogs can be particularly difficult to house.

“It’s incredibly challenging for people to navigate that, and especially if you have children or you need to be near public transportation, your options get very limited really fast with dogs,” Stively said.

First Parents Through New Title IX Office Want Changes

BY ALEXIS GUSTIN agustin@loudounow.com

Jason and Tumay Harding are frustrated at the way the Title IX office in Loudoun County Public Schools has handled their daughter’s case and they want change.

They were one of the first cases to go through the new Title IX office after it was revamped last March after two sexual assaults were committed by the same student at two different schools in 2021. The changes included drafting new policy, hiring two Title IX investigators and a full time Title IX Coordinator.

Title IX is a federal civil rights law that prohibits discrimination based on sex in education programs and activities at schools that get government funding.

Crises and displacement for the human part of a family can have an impact at the shelter, which does more than just get animals ready for adoption.

“We are getting animals from people who are also in serious crisis,” Stively said. “Just this week we’ve had five animals come in as part of our safe haven program for domestic violence victims. So those are five animals that we are not going to turn away, and they’re going to go back to their families, but that’s five kennels, that’s five animals that need daily care, and that gets very complicated.”

People who contact the shelter about

surrendering their pet are first offered other resources, like information about the pet food pantry provided by Loudoun Hunger Relief, or whether the dog might be able to go directly to another home or a breed rescue. And the first goal for Loudoun Animal Services is always to keep families together, she said.

“If we can work it through, if we can help them get a couple of free dog training sessions and we can provide them with a crate or talk to them about how to get

HOMELESS DOGS continues on page 33

“The heart of Title IX is to reduce or eliminate any barriers to education caused by sex discrimination,” Division Title IX Coordinator for Loudoun County Public Schools Christopher Moy said. He said it applies to all employees, students and anyone associated with the school division.

Its job is to provide for the “prompt and equitable resolution of student complaints alleging sexual harassment” and must meet definitions outlined in regulation, according to the division’s Title IX

TITLE IX continues on page 32

Renss Greene/Loudoun Now Oscar, an estimated 12-year-old dog, waits for a new home with his longtime inseparable friend Felix. They came to the Loudoun animal shelter together.

Confusion Persists on Proposed Prosecution Changes

BY RENSS GREENE rgreene@loudounnow.com

In meetings with other elected leaders, Commonwealth’s Attorney Buta Biberaj and her chief deputy continued to struggle to explain clearly the office’s planned changes around prosecuting minor misdemeanors.

In a Dec. 30, 2022, letter to District Court judges, Biberaj wrote she will “defer to the court and law enforcement those cases” dealing with a range of traffic offense and less serious criminal offenses such as petit larceny, noise complaints, and violations of local ordinances.

“Our need to dedicate more time on the more egregious cases in General District Court (such as DUIs and assaults), crimes of violence in the Juvenile Courts (such as domestic violence, crimes against children, and the increase of violent crimes by juveniles), serious and violent crimes, felonies and trials in Circuit Court reduces our availability to prosecute the infractions and low-level, non-violent

offenses,” she wrote.

Since the Dec. 30, letter Biberaj has said the policy does not mean any cases will go without prosecution and applies

generally to offenses punishable only by a fine less than $500 and no jail time. If a defendant contests a case or hires an attorney, she said the Office of the Common-

wealth’s Attorney would step in—otherwise, evidence will be presented by law enforcement officers.

Biberaj has said when many cases were put on hold and courtrooms closed because of COVID-19, her office assigned attorneys to prepare for all of those minor cases to move them through the courts quickly, clearing a backlog and helping with social distancing inside the courtroom.

“We expanded what we were doing by way of the types of cases that we were involved in,” Chief Deputy Commonwealth’s Attorney Shaniqua Clark Nelson said during a March 8 meeting with the Coalition of Loudoun Towns, a group of Loudoun town mayors. “We are in a very much different posture now in 2023 than we were back in 2020 when this initially occurred, specifically the fact that Circuit Court trials are up and running. We’re having multiple jury trials a week.”

PROSECUTION CONFUSION

continues on page 17

Rebuilt Lewis Memorial Bridge Celebrates Opening

BY RENSS GREENE rgreene@loudounnow.com

Historians, conservationists and state and local officials gathered to celebrate the reopening of the rebuilt, historic John G. Lewis Memorial Bridge on Featherbed Lane near Lovettsville Friday, March 10.

Preservation of history is much like a bridge,” Supervisor Caleb E. Kershner (R-Catoctin) said. “Here we are connecting this side of the road to that side of the road, but the preservation of history, like a bridge like this, is connecting past generations and the work that they have done, and the way they helped build this county and this nation, to our current generation and future generations. And it is something that I really think we should continue to honor, and the preservation of this bridge in large part is part of that.”

The bridge is named for historian John G. Lewis, who played a central role in 1974 preventing plans by the Fairfax County water Authority and the U.S Army Corps of Engineers for a dam at Taylorstown that would have flooded

about 3,000 acres in the area. As chairman of the Loudoun County Scenic River Committee, he led the work to get the bridge nominated to the National Register of Historic Places, and to get both Catoctin Creek and Goose Creek their

scenic river designations, preventing the dam. He also was central to creating 10 town and village historic districts, including Waterford and Taylorstown, and created the original 9,000 acre Goose Creek Historic District, the first such

district in the country.

And in his work as an architectural historian for the Virginia Historic Landmarks Commission surveying, he meticulously documented more than 1,000 buildings and sites. He died in 2013 at age 80. The bridge was named in his honor in 2015.

The bridge itself also has long and eventful history in Loudoun. Originally built in 1889 to carry the Leesburg & Alexandria Turnpike—today’s Rt. 7—over Goose Creek, the bridge was moved to its current location in 1932. Today it carries Featherbed Lane, a gravel road, over the north fork of the Catoctin Creek between Watersford and Taylorstown. The historic structure’s 15-ton capacity rating was downgraded to 3 tons in 2013 due to its condition.

The $5.1 million project to rebuild the bridge began in 2017, and in April 2021 the bridge was lifted from its trusses to make way for repairs. That included a new steel beam and timber deck bridge,

LEWIS BRIDGE

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Renss Greene/Loudoun Now Loudoun Chief Deputy Commonwealth’s Attorney Shaniqua Clark Nelson meets with the Coalition of Loudoun Towns at the Middleburg town office March 8.

Renss Greene/Loudoun Now

Local conservationists and elected officials walk across the John G. Lewis Memorial Bridge on Featherbed Lane to celebrate its reopening on Friday, March 10.

Supervisors Frustrated with Biberaj at Budget Talks

BY RENSS GREENE rgreene@loudounnoww.com

County supervisors expressed frustration, confusion and distrust during a sometimes confrontational meeting with Commonwealth’s Attorney Buta Biberaj on her office budget Monday night.

Supervisors voted down a proposal from Supervisor Kristen C. Umstattd (D-Leesburg) to strip some positions from her office and shift that funding to their own county attorney to support law enforcement prosecuting some minor misdemeanors and local ordinance violations.

Supervisors voted unanimously to add funding for one executive assistant position to Biberaj’s office. But during the course of their two and a half hour meeting on the office’s budget, supervisors often struggled to get clear or concise answers from Biberaj—even, for County Chair Phyllis J. Randall (D-At Large), as she was advancing a proposal to grant her office new funding.

Biberaj’s requests included an executive assistant to help manage administering the office, along with three other positions.

“Each one of my deputies actually handles a pretty active caseload, which makes

it challenging for them to also be administrators of their teams,” she said.

Biberaj said those four positions would help her office modernize and digitize its files.

“In our office, we have literally physical files as far back as 2004-2005,” she said. “We have files in corners, in bathrooms and hallways, in the conference rooms, everywhere, because of the fact that they have accumulated over the years and we can’t send them away until we digitize

them to make sure that they are preserved.”

And she said those positions would help her fulfill one of her early promises, to begin tracking case data and statistics in her office.

“Although we are before you here today asking for four positions, I will tell you that we will continue to come back before you and continue to ask for positions,” Biberaj added. “Because as we are seeing, there’s a change in how prosecution takes place nowadays.”

Randall, while pushing to add funding to the office for the executive assistant, expressed frustration that Biberaj would not respond yes or no to her question about whether the position would stay with the office regardless of the next election—it would—as opposed to serving as a political position that would follow Biberaj herself.

“You will help yourself by just answering the questions. Ms. Biberaj, I know you don’t believe me right now, but promise you I’m trying to help you right now. Just answer the question. It will go faster, smoother, and you’re going to get more,” Randall said.

Randall also argued the office has had that position before, albeit under a different title. She said Biberaj’s argument that

Purcellville Council Rescinds Commuter Lot Approval

BY HANNA PAMPALONI AND RENSS GREENE hpampaloni@loudounnow.com rgreene@loudounnow.com

The Purcellville Town Council on Tuesday night voted to rescind its Feb. 28 approval of county plans for a park-andride commuter lot, following a years-long saga for the long-delayed project.

The vote was a last-minute addition to the agenda made by Vice Mayor Christopher Bertaut at the start of the March 14 council meeting. It carried 5-2 with council members Mary Jane Williams and Erin Rayner opposed. The original motion to approve plans for the lot had passed 5-2 with Mayor Stanley J. Milan and council member Mary F. “Boo” Bennett opposed.

The lot was one of several county projects in town that had been waiting for permits and approvals for more than two years. Another application next to the commuter lot, for the Fields Farm Park sports complex, had already been withdrawn by the county after prolonged negotiations with the Town Council and Planning Commission leaders. The Board

of Supervisors now plans to build the sports park west of the town boundaries.

While the Purcellville Town Council was meeting Tuesday night, nine miles away in the county government center in Leesburg, at a county Board of Supervisors finance committee meeting, county Department of Transportation and Capital Infrastructure Design Program Manager Mark Hoffman had just reported the commuter lot had finally been approved.

The lot is one of two projects funded with state-administered SMART SCALE grants, and which county staff members have warned were threatened by the continued delays. Failing to show progress on those projects, they warned repeatedly, could even impact the county’s chances of winning that funding in the future. County Administrator Tim Hemstreet said staff members would gear up construction on the project as soon as possible.

“Our requirement from the Commonwealth Transportation Board and VDOT is to use them as expeditiously as possible. We are in the red in terms of the timing for this project,” he said. “A lot of that is having to do with the time it has taken

to get through the process with the town. So, we want to prosecute the work on the construction of the of the commuter lot as expeditiously as possible.”

Less than an hour later, that schedule was no longer an issue.

That commuter lot approval came with 12 conditions, including that county staff members work with town to realign a section of road connecting to Woodgrove High School and to build a buffer to protect the Mayfair Crown neighborhood. County staff members, he said, were moving on to that work.

But Town Council members on Tuesday cited the buffer and road alignment as reasons to overturn their previous approval. Council members said county representatives were not “acting in good faith” when they withdrew the applications for the Fields Farm sports complex, which originally was the application that included the negotiated buffer between the school access road and the Mayfair Crown neighborhood before those negotiations were tied to the commuter lot application.

Council member Ronald Rise Jr. said

an office manager position is different was “semantics.”

“Oh good Lord Jesus in heaven. Help me God,” she said, speaking over Biberaj as she disputed that again. “You should stop talking right now. You should stop talking right now. You’re actually winning, stop talking.”

Supervisors voted unanimously to fund the executive assistant at a total cost of $107,648, converting a temporary position that had been funded out of savings from vacant positions to a permanent one with recurring funding.

With concern and uncertainty still surrounding Biberaj’s plans to pull her attorneys back from prosecuting misdemeanor offenses and local ordinance violations, supervisors also debated the need to step in to fill that gap.

Umstattd, an attorney, proposed supervisors remove funding for two currently vacant attorney positions and one vacant support staff position from the Office of the Commonwealth’s Attorney and place that funding with the County Attorney, one of the county board’s own employees.

“I am very concerned that law enforcement is going to be left without adequate

BIBERAJ BUDGET

continues on page 7

that his understanding was that approving the county projects meant that important town projects would also be able to advance.

“There are town projects that to my understanding were essentially dead in the water without the road … To me, town projects and town budget, debt, is very important,” he said. “So, I didn’t want to essentially kill town projects at the same time. So it was a hard made decision process. So, I would like to have more discussion.”

Interim Town Manager John Anzivino warned that if the town rescinded its previous vote, the application would not be opened back up for a new round of negotiation—it would be ended. If the county decided to continue pursuing the commuter lot, the entire application process would need to start again, with new applications and new review by the town Planning Commission and Town Council.

“I also want you to think about the impact on the relationship between the town and the county, voting for something and then rescinding that vote when they are

continues on page 6

Renss Greene/Loudoun Now Loudoun Commonwealth’s Attorney Buta Biberaj speaks at her reelection campaign kickoff Monday, Feb. 13.

Board Advances Rt. 50/Loudoun County Pkwy. Interchange Plans

BY RENSS GREENE rgreene@loudounnow.com

County supervisors on Monday unanimously signed off on the finance committee’s recommendation to add several new projects to their long-range construction plans and moving some road projects up in the schedule.

The finance committee added an Eastern Loudoun Community Arts Center and Southern Services Center similar in concept to the government offices on Ridgetop Circle in Sterling to the Capital Improvement Program’s list of projects identified for future development. That does not yet mean they are funded—first county staff members and supervisors will have to develop more specific plans for what those would entail, and then create a plan to fund them. But it does put them on the list to potentially become a reality one day, and also opens the door to making deals with developers to help fund or build them as a condition of approving a rezoning application.

Supervisors also delayed indefinitely a project to extend Prentice Drive from Lockridge Road across Loudoun County

Parkway to connect to the intersection of Shellhorn Road and Metro Center Drive. That freed up roughly $120.3 million in the county’s capital budget from fiscal years 2024 to 2026. The county has already spent $29.7 million on the project for designing the project, buying land and other expenses.

Delaying that project allowed supervisors to move several other road projects, including part of a project to connect Shellhorn Road across Dulles Airport property to Moran Road, with construction moving up a year to fiscal year 2026. And the project to widen Rt. 7 between Loudoun County Parkway and Rt. 28 will be moved up a year to begin construction in fiscal year 2029.

And although construction on the project is still planned in the years beyond the capital budget’s six-year horizon, supervisors voted to move plans to buy land for an interchange at the intersection of Rt. 50 and Loudoun County Parkway. Supervisors added $25.8 million to the project in fiscal year 2028, the final year of

INTERCHANGE PLANS

continues on page 33

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Commuter lot

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anticipating spending those funds in accordance with their programs,” he said. “… It will, I believe, have a strong reaction from the county.”

“I really think we need to think about the long-term effects of doing this and our relationship with the county, future funding, and what it’s going to do for our town moving forward in the next 10 years, 15 years,” council member Erin Rayner agreed. “I think that we can get what we would like from the county. I think they’ll meet. With the road to Woodgrove, the park-and-ride, they’ll make it the way we want to. I just think we need to think long and hard about the long-term effects of doing this.”

Mayor Stanley J. Milan blamed the county for damaging the relationship, and said the county government had pulled a “switcheroo.”

“The onus is not on the town, the onus is on the county not being faithful and honest and truthful with us,” Milan said.

“They flipped the script, they said no, we’re going to pull the athletic fields permits, and we’re going to revert back for the original design for the park-and-ride after eight months of negotiation,” he said. “So the relationship was severed or damaged at that point. If you want to maintain a clear and honest and open relationship, you would honor what you’ve discussed.”

“I want to say that I’m shocked, but I’m honestly not. Purcellville’s new Mayor and Council can’t seem to get out of their own way,” district Supervisor Tony R. Buffington (R-Blue Ridge), wrote by text message after the council’s vote. “I’m told that a reason for their reversal was confusion over what they previously voted to approve as the County’s application was too complex. Seriously?!? This was a simple park-and-ride lot and second entrance

to Woodgrove application. What kind of elected official votes on something that they are confused about? Never vote on anything until you understand what it is that you’re voting on...”

“Hopefully the Town will properly inform residents that the reality of their vote to reverse the previous approval will be the end of commuter bus service to Purcellville (meaning more commuter traffic on Rt. 7) and cancellation of the county’s plan to construct a second entrance to Woodgrove H.S.”

Town government delays continue to impact other county projects in Purcellville, including a planned Rt. 7/Rt. 690 interchange, which also is partially funded with $9.6 million of SMART SCALE money. County staff members, in an attempt to protect Loudoun’s reputation with state grant makers, had contacted VDOT to explain the delays. Hoffman said they were told VDOT could not provide any relief on that schedule.

He said county staff members are now reaching out to Commonwealth Transportation Board members to brief them on the situation.

“We’re doing what we can to at least make sure the decision makers know what’s going on,” he said.

Town delays have also caused the county to move several projects to land just outside town limits, where the county is in the process of buying 143 acres. Supervisors on the board’s finance committee voted unanimously to recommend moving plans for the Fields Farm Park sports complex to the new land, along with designating that land as the site for a planned Western Loudoun Recreation Center and Purcellville Library replacement.

“I’m hopeful that we can move forward with a park facility for western Loudoun that they deserve, even if the Purcellville Town Council doesn’t seem to think so,” Supervisor Matthew F. Letourneau (R-Dulles) said. n

Biberaj budget

continued from page 4

support in the courtroom for serious misdemeanor and ordinance violation cases,” Umstattd said. “The county attorney has the legal authority to hire attorneys and support staff to backfill what the commonwealth’s attorney has declared she is not willing to do in General District Court, and I think in the interest of public safety, we need to make sure that these cases are fully prosecuted with adequate support from attorneys to law enforcement.”

“As I have sat here and heard, I don’t think anyone up here—not a single person on this dais can say—we really understand what Ms. Biberaj’s going to do with these low-level misdemeanors,” Supervisor Caleb E. Kershner (R-Catoctin), a criminal defense attorney, said. “I certainly don’t understand it. I’ve heard several different answers.”

“To take $500,000 or three positions from our office to direct to low level, non-violent offenses or traffic infractions, where do we all think it’s going to come from? Violent crimes, domestic violence, sexual assault. That is not what serves our community the best. That’s not public safety,” Biberaj said.

Supervisors voted that idea down 3-6, with only Umstattd, Kershner and Supervisor Tony R. Buffington (R-Blue Ridge) in support. Randall and Supervisor Matthew F. Letourneau (R-Dulles) pointed out that by the time the new prosecution program is implemented, both supervisors’ and Biberaj’s current terms in office will be nearing their end.

Supervisor Juli E. Brriskman said the proposal was “offensive” and “anti-democratic.”

“I find it highly offensive that we would try to micromanage this office. We haven’t tried to micromanage the Sheriff’s Office, the Treasurer’s Office, or the Commissioner of the Revenue,” she said. “If we do not agree with how she’s running her office and her policy, well, then we can find someone to run against her. It is up to the voters to decide how they want to be represented in the Commonwealth’s Attorney’s office.”

However, the board did narrowly vote to direct County Attorney Leo Rogers to present information about the resources necessary to provide attorney support for prosecuting Class 3 and 4 misdemeanors, with Briskman, Randall, Vice Chair Koran T. Saines and Supervisor Sylvia R. Glass (D-Broad Run) opposed.

“Prosecutorial discretion does not mean entire classes of offenses suddenly

don’t get to be prosecuted. Prosecutorial discretion is on a case-by-case basis deciding not to pursue charges, given the totality of circumstances on a case,” Letourneau said. “And I would never attempt to get involved with that sitting up here, but given what this governing body’s responsibility is, I am interested in ensuring that Class 3 and 4 misdemeanors are still going to be pursued and that they can be adequately handled.”

Chief Deputy Commonwealth’s Attorney Shaniqua Clark Nelson also said her attorneys are still receiving body-worn camera footage on physical discs, raising

consternation among some supervisors. She said they will soon begin testing a system to transfer those files digitally. Biberaj said her office is already sharing those files digitally with Leesburg and Middleburg police.

Saines pointed out they had a similar discussion during last year’s budget talks, and supervisors voted unanimously for an update to the board’s finance committee on that project.

“I find it absolutely appalling that that’s not happening yet. We were told that it would not cost anything either to have it happen,” Briskman said.

They also voted 5-4 for a report on the requirements and practices for the Commonwealth’s Attorney Office’s viewing body-worn camera footage prior to arraignments or preliminary hearings—a time-consuming process Biberaj said is required. Randall, Briskman, Glass and Supervisor Michael R. Turner (D-Ashburn) opposed the request. Briskman and Randall argued that report would overstep into another elected office’s authority.

“I don’t think you’ve been clear in your answers. I think you’ve been evasive, and I do believe had you been clear, it would have been more helpful,” Randall said. n

Politics

GOP to Hold Convention, Dems Plan Open Primary

BY RENSS GREENE rgreene@loudounnow.com

Loudoun Democrats will select their candidates for November 2023 with staterun open primaries, while Loudoun Republicans will hold a convention for party-loyal members to select candidates for most offices, although the party so far has no candidate contests.

The primaries and conventions will decide each party’s candidates for town, county and General Assembly offices in the November general election.

The primary election will be June 20, open to all voters, casting ballots in largely the same way they would in a November general election. Polling places will be open 6 a.m. to 7 p.m., with early voting

and absentee and mail-in ballots accepted. Democrats will select all county and General Assembly candidates through a primary, and Republicans have opted for primaries in all but one General Assembly race. That includes the 31st and 32nd Senate District and the 26th, 27th, 28th and 29th House Districts.

Primaries will only be held in races where more than one candidate has qualified for the ballot. In three House of Delegates districts—the 26th, 28th and 29th— so far there are no Republicans running at all.

Democrats have candidates in every General Assembly race, with primary battles set in the, 26th, 29th and 30th House Districts. Democrats also face primaries for Loudoun Commonwealth’s Attorney

Former School Board Member to Run Again, Seek Dem Endorsement

BY ALEXIS GUSTIN agustin@loudounnow.com

Andrew Hoyler, the former Broad Run District School Board member announced March 8 he plans a run for his old seat this fall on the Democrat Party ticket.

Hoyler, who previously ran as an independent, wrote in a Facebook post that he recently submitted a membership application to join the Loudoun County Democratic Committee and will pursue the Democrat endorsement this fall.

“I have realized that I cannot sit idly and let our schools and community continue to be the focal point of attacks that harm the well-being of our students,” he wrote.

Hoyler was appointed unanimously by the School Board in Oct 2021 to fill the seat left vacant when Leslee King died in Aug. 2021. Hoyler had run unsuccessfully against King in the 2019 School Board election receiving 37% of the votes to King’s 61%. He lost the seat in a special election in November to Tiffany Polifko (Broad Run).

In the March 8 Facebook post, Hoyler wrote he was pleased at what he accomplished during his 13 months in office and looks forward to building off

those successes.

“I care very deeply about LCPS and the future of our schools. It is disheartening to watch from the sidelines as I see negative narratives detract from all of the amazing things happening in our school system,” he wrote. “I believe I still have gas in my tank to help LCPS regain the lost trust from these last few years.”

Hoyler wrote he decided to join the Democratic Party after estimating that roughly 40% of voters for Rep. Jennifer Wexton (D-VA-10) that year also voted for him. Asked for clarification, Hoyler explained he assumed Wexton voters also voted for either him or his Democrat-endorsed opponent, Nick Gothard. He said based on the difference in votes between his Republican School Board election opponent Polifko and Wexton’s House of Representatives election opponent Hung Cao, he estimated he got 7% of the Republican vote. Hoyler’s calculation assumes all Polifko voters were also Cao voters, and all Cao voters who didn’t vote Polifko voted Hoyler. That also ignores undervotes, when a voter does not pick a candidate for every race on the ballot.

“It’s clear that the path forward to victory this fall involves teaming up with other like-minded candidates,” he wrote. n

and Little River District supervisor, but so far have no candidate for Clerk of the Circuit Court or Catoctin District supervisor.

There is still time for more candidates to jump into a primary race. To get on the primary ballot, candidates must file by Thursday, April 6 and parties must file by Tuesday, April 11.

Republicans have called a convention for all county-level offices and the 30th House District, although only one candidate filed the necessary paperwork for the House race by the deadline, Geary Higgins, making him the party nominee. He had previously planned to run for the 31st Senate District seat against Juan Segura, but switched to the House race; Caleb Max, who had announced plans to run in that House district, dropped out of the nomination contest.

That also means Republicans will hold a convention for any contested race for Board of Supervisors, Treasurer, Commissioner of the Revenue, Sheriff, Commonwealth’s Attorney and Clerk of the Circuit Court. So far there are no candidate contests, but potential candidates have until

Sunday, March 19 to file. Republicans also have no candidate so far in the races in the Algonkian, Broad Run, Leesburg or Sterling districts or chair at-large seat on the Board of Supervisors.

To vote in that convention, participants must not support any candidate running against a Republican nominee, must not have taken part in another party’s nomination process in the past five years or must renounce affiliation with any other party and pledge to support Republican candidates, and must register as a convention delegate by Sunday, April 16. The total number of convention delegates from each local election district is also capped.

School Board races are officially nonpartisan, although parties typically endorse candidates. This will also be the last year in which every School Board seat is on the November ballot, after which School Board terms will be staggered every two years.

For more information about party nomination contests, go to loudoungop.com and loudoundemocrats.org. n

Rashid Announces Bid for Little River School Board Seat

STAFF REPORT

Sumera Rashid is the latest candidate to join Loudoun County School Board race, seeking the Little River District seat.

In her announcement, Rashid said she is passionate about bringing “transparency, inclusivity and academic excellence” to division schools.

Rashid has been a dentist for 20 years and has served as the dental director of several health centers including Healthworks for Northern Virginia. She is an associate professor at Northern Virginia Community College and is the dental director of the dental assisting program at the school.

“I’ve spent my entire career in education, and I’ve seen firsthand the transformative power of a quality education has on students,” she said. “As a parent, I understand the importance of ensuring that our schools are providing the best possible education for our children.”

Rashid, a child of immigrants and a bilingual resident of the Little River District, said every student should have the best quality in education regardless of his or her background.

Rashid said that the School Board plays a crucial role in shaping the future of the district’s schools and its students, and she is committed to working with parents, teachers, and community leaders to promote transparency and to ensure district schools are providing a high-quality education for every student.

“I’m running for School Board because I believe that our schools can be a beacon of hope for our children and our communities,” she said. “I’m eager to hit the campaign trail and engage with voters to make our vision a reality.”

Rashid graduated from University of Medicine and Dentistry of New Jersey, where she obtained her doctor of dental medicine degree. She also received her bachelor’s degree in biology from Fairleigh Dickinson University.

Her campaign website is rashid4va.com. n

Rashid

Lovettsville Economist to Run for Delegate

BY RENSS GREENE rgreene@loudounnow.com

Lovettsville resident and economist Max Sawicky has announced he will run in the new 30th House of Delegates District, which includes all of western Loudoun and much of northern Fauquier County.

Max Sawicky, who described himself as a political “bomb thrower” and “one of the original bloggers,” holds a doctorate in economics from the University of Maryland and writes regularly on his website maxspeak.net. His writing has also been published in a range of settings from think tank position pieces, to progressive outlets like The American Prospect and Huffington Post, to socialist magazine Jacobin and the Washington Socialist.

He has lived in Lovettsville since 2017. His campaign flyer describes him as “a Democrat for the new Loudoun,” calls for abolishing Virginia’s right-to-work law, and promises “I will stand against the ignorant meddling of Governor Youngkin’s appointees and his Attorney General in our public schools and universities.” His website now also doubles as his campaign website.

Sawicky said he was motivated to throw his hat in the ring because “different forms of bias were just boiling over here,” and called transphobia “the gateway drug for the full spectrum of biases plaguing the nation.” He pointed to fights around rights for transgender and gender-expansive students in school districts, and efforts to ban a variety of books in other school districts.

“I saw the Democratic Party not really pushing back, at least to my satisfaction,” he said.

He said his campaign also focuses on expanding collective bargaining rights, efforts to combat climate change, and moving toward free college, which he said starts with increasing state aid to public colleges to push down tuitions and fees. And he said he plans an unconventional campaign in the red-leaning district, which in 2021 voted for Republican Glenn Youngkin over Democrat Terry McAuliffe for governor by 13.5 points and typically votes red, but in 2018 backed incumbent Democrat Tim Kaine for U.S. Senate over Corey Steward by 2.7 points, according to the Virginia Public Access Project.

He acknowledged he is a long-shot

candidate, even in his own primary race, against Delaplane Rev. Robert Banse.

“Certainly, his chances are better than mine in the absence of other information that I’ve seen. In that case, that’s fine. I want to make waves around these issues that we’ve talked about, and if I can do that, I think it improves the environment for him, for other Democrats,” he said.

Sawicky is a senior research fellow at the Center for Economic and Policy Research, a progressive-leaning think tank

based in Washington, DC. His resume includes time as an assistant director at the federal Government Accountability Office, work as a consultant and later staff economist at the left-leaning think tank Economic Policy Institute, and work at the U.S. Advisory Commission on Intergovernmental Relations and the U.S. Treasury Department’s Office of State and Local Finance.

Learn more at maxspeak.net. n

Renss Greene/Loudoun Now Max Sawicky has announced he will run in the new 30th House of Delegates District.

Leesburg

Town Appeals to FAA on Remote Tower Shutdown

BY NORMAN K. STYER nstyer@loudounnow.com

A delegation from the Town of Leesburg traveled to the Federal Aviation Administration headquarters Tuesday morning in hopes of maintaining air traffic control service at Leesburg Executive Airport.

The town leaders have been scrambling to keep the safety system in place after learning Feb. 21 that the FAA planned to terminate the remote tower program that has guided traffic in and around the airport since 2018.

The FAA set a June 14 deadline to pull the plug.

The town representatives, including a specially hired lobbyist and outside attorney, returned from their meeting with Deputy FAA Director Bradley Mims without a commitment to extend that deadline, according to Town Attorney Chris Spera.

There was a promise to help the town develop an interim plan for controlled operations until a new brick and mortar air traffic control tower could be built at the airport, he said.

What happens over the next few years until that can be accomplished remains a question.

The initial FAA notification indicated that Leesburg Executive Airport would be expected to return to an non-controlled airspace, but the prospect of that

has spurred alarm among airport users— from those who house private aircraft there, to the five flight schools that train about 500 new pilots a year, to the current remote tower manager who has seen the dangers that have been avoided by the air traffic system.

A March 8 briefing to the Airport Commission brought a standing-room-only crowd of pilots and airport-area residents who strongly agreed that returning to uncontrolled airspace would be too danger-

Inova Plans Transfer of Loudoun Nursing and Rehab to New Jersey Provider

Inova has announced plans to transfer the ownership and operations of its Loudoun Nursing and Rehabilitation Center to Green Tree Healthcare Management effective April 1.

The 100-bed center, located at 235 Old Waterford Road in Leesburg, offers skilled nursing, rehabilitation and long-term care. Based in Jackson, NJ, Green Tree Healthcare Management specializes in long term care and operates eight skilled nursing facilities in Missouri, Maryland, New Hampshire, and Rhode Island.

“We interviewed several firms for this transition and for many reasons chose Green Tree Healthcare Management. They are a family-owned company who is known for their innovation and sophistication, as well as knowledge and expe-

Town Council Trims COLA in Budget Reduction Effort

BY NORMAN K. STYER nstyer@loudounnow.com

During its first markup session for the fiscal year 2024 budget, the Leesburg Town Council on Monday moved to slightly decrease the proposed real estate tax rate by reducing the cost-ofliving adjustment proposed for town employees.

In a straw vote, the council approved a suggestion by Council member Zach Cummings to reduce the proposed COLA from 3% to 2%. That would save the town about $300,000 next year and reduce the tax bill of the average homeowner by $2 per month.

ous at an airport with nearly 80,000 annual take offs and landings, and that borders the Dulles Airport flight paths and the restricted airspace around the nation’s capital.

Since 2015, the airport has been a testing ground for a remote tower system developed by Saab Inc. that uses high-definition cameras and displays,

Town Manager Kaj Dentler proposed 4% raises for most town employees as well as a 3% COLA, for a $1.8 million increase in compensation. He proposed higher raises—5% to 10%—for the Police Department to boost recruiting and retention efforts.

Cummings pointed to high property assessment increases— including more than $80,000 on his own home—and other economic pressures in his push to avoid tax increases. His proposal to reduce the tax rate by 0.5-cents did not win majority support of the council. That rate cut would require a $550,000 reduction in General Fund spending.

rience in this field. We think they are the company that will best care for our team members and residents,” Inova Loudoun Hospital president Susan Carroll stated in making the announcement.

The long-term care center originally opened in 1974 as an 85-bed facility located in a wing of the Loudoun Memorial Hospital building, with Katherine Marshall, the wife of George C. Marshall, as its first patient. In 1981, a new purpose-built center opened behind the hospital with 100 beds.

“We see a true alignment of mission between Green Tree Healthcare Management and Inova’s Loudoun Nursing and Rehabilitation Center. They have been serving this community with a commitment to care for over 40 years and we are

excited to have the center and its team under the Green Tree Healthcare Management umbrella,” Green Tree CEO Ari Stern stated. n

In other straw votes, the council did not support a proposal by Vice Mayor Neil Steinberg to creating a grant writer position, at the estimated cost of $130,000.

The council also declined a request from the town Planning Commission for a 28.5% increase in its members’ $3,600 annual stipend. The compensation for the town’s boards and commissions was last increased in 2013 and the commission proposed a new compensation rate that would reflect inflation since that time.

The council agreed to add one

11

BUDGET continues on page

Norman K. Styer/Loudoun Now Town Manager Kaj Dentler addresses a standing-room-only gathering of pilots during the March 8 meeting of the Airport Commission.

Loudoun Now file photo The Loudoun Nursing and Rehabilitation Center opened on Old Waterford Road in Leesburg in 1981.

TOWER SHUDOWN continues on page 11

Budget

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item to the budget—$163,000 for a consultant study of the cost to remediate the Liberty Street parking lot property. The former landfill site is being eyed for redevelopment as a public-private partnership, but understanding the investment that would be required to disturb or remove the buried material is seen as an important first step to any deal. The council is scheduled to get a more detailed update on those plans at its next work session.

Other budget changes endorsed by the council Monday night dealt with Capital Improvement Program, with trails and parks getting the most attention.

The council approved a proposal by Council member Ara Bagdasarian to accelerate the $2.4 million plan to install streetlights along the W&OD Trail between its two intersections with Catoctin Circle, a distance of about 1.2 miles. To move that project to engineering and construction starting in FY2024 from FY2027, the council agreed to push back a $3.2 million plan for sidewalk improvements along Church, South and Harrison streets near Market Station.

At the suggestion of Mayor Kelly Burk, the council approved using available budget surplus funds to install lighting at Raflo Park and Georgetown Park. That work is expected to cost $285,000 and will include ground-level safety lights and decorative lighting for holidays.

The council also supported inserting into the CIP a placeholder for buying a new Police Department Mobile Command Center, at a cost of $800,000 to $1 million. The agency’s current unit largely has been retired from service because of its aging condition. Initially, the town will look for federal funding to support the replacement.

The council’s first mark-up session ended with a provisional 17.62cent real estate tax rate—down slightly from the current 17.74-cent rate.

A public hearing on the proposed budget is planned during tonight’s council meeting, which starts at 7 p.m.

The final budget markup session is planned March 27, with adoption expected the following night. n

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maneuverable optical and infrared cameras, microphones, and a signallight-gun to provide data to air traffic controllers at a remote tower center located just outside airport property on Miller Drive. Controllers used the system to direct aircraft movements and space in the air and on the airport grounds. The remote technology is an alternative to building a brick-and-mortar air traffic control tower at the airport.

The system was deemed operationally viable in 2021, although it has not received final certification. Leesburg’s system is one of two remote towers under evaluation, with the other in Fort Collins, CO. The FAA has not certified any remote tower system for use in the National Airspace System.

Based on briefings to the Town Council and Airport Commission over the past week, the move to decommission the remote tower operation is rooted in a 2021 change in the FAA review standards for the technology before it would be certified for use in the U.S. airspace. Based on the new requirements Saab ultimately deter-

mined it was not feasible to continue the certification review.

According to Saab Director of Business Development Matt Massiano, the system in place in Leesburg is one originally developed two decades ago and the new standards would require reverse engineering many elements of the package—likely a years-long process. Further complicating Saab’s decision was an FAA determination that the system, if ultimately certified, would only be permitted for use on airports similar to Leesburg’s—with a single runway up to 5,500 feet in length. That, Massiano said, limited the marketing of the system from 250 U.S. airports to only three.

Massiano said Saab would commit to support the Leesburg operation as long as the FAA allowed it to continue. He noted the system had demonstrated a strong five-year safety record and the same system is deployed at other airports around the world. There is no operational reason to stop using the system, he said.

The push to pursue air traffic control operations at the airport began as early as 2013 in response to a number of near-miss incidents in airspace with far less traffic than today. As the town was looking to construct a control tower, the federal government began closing towers across the

country in a cost-cutting move. In 2015, the town found an alternative and entered into a partnership to be a test site for Saab’s remote tower system. In 2020, the town finally was approved for the waiting list for a brick-and-mortar control tower, but did not pursue funding because of the success of the remote system—then thought be the future of the industry because of its significantly lower cost.

All signs now point toward a tower as the permanent solution for the airport, but it is not yet known how quickly one could be authorized, designed and constructed, or how it would be paid for. If the town is not permitted to continue with the remote system during the transition, another alternative would be to bring back a temporary tower that was used during the remote system’s start-up phase, but pilots and the air traffic control staff said that option has far fewer capabilities than the remote system.

In addition to meeting with FAA representatives, the town’s response team has been working with Sen. Mark Warner (D-VA), Sen. Tim Kaine (D-VA) and Rep. Jennifer Wexton (D-VA-10) to garner their support. Mayor Kelly Burk said their support would be invaluable in the town’s effort. n

School Board Plans March 28 Vote on Collective Bargaining

BY ALEXIS GUSTIN agustin@loudounnow.com

The Loudoun County School Board on March 28 will hold a long-anticipated vote on whether to permit licensed school district employees to unionize. Six School Board members, a board majority, have voiced support for collective bargaining.

During the board meeting Tuesday, members discussed a draft resolution stating that the board intends to allow collective bargaining.

John Beatty (Catoctin) asked school division counsel Robert Falconi questions about what could be up for negotiations if collective bargaining was passed. He asked if class size or resource adoption were possible topics, and what would happen if something that was asked for wasn’t fulfilled, and sought assurance that a strike wasn’t possible.

Falconi said those examples could potentially be on the table and said it’s up to the board if it wishes to adopt a collective bargaining resolution that listed those terms as up for bargaining. He said if a resolution passes and full collective bargaining is adopted, the next step would be to include impasse procedures. Striking isn’t allowed for public employees under Virginia law.

If the board adopts a resolution to allow collective bargaining, it then has 180 days to come up with a resolution setting

COLLECTIVE BARGAINING

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Panel Opens Review of Instructional Material Selection Policies

BY ALEXIS GUSTIN agustin@loudounnow.com

Members of the School Board’s Curriculum and Instruction Committee on March 6 were given the first look at four new draft policies governing the selection, review and the challenge of instructional materials and a new policy focused on Family Life Education.

The first draft policy deals with criteria and selection of supplemental instructional items—items selected by teachers, including magazines, newspapers, and videos to name a few—to add to core

SELECTION POLICIES continues on page 14

School Board Joins in Nationwide Opioid Settlement

The School Board on Tuesday approved a resolution to participate in a proposed nationwide settlement of opioid-related claims against two pharmaceutical manufacturers and CVS, Walgreens and Walmart.

The office of the Attorney General asked school divisions across the state to agree to the settlement as part of the commonwealth’s opioid agreement with the companies involved in the opioid crisis.

The school division will not receive direct payments as a result of joining the settlement, but its involvement will help the state and Loudoun County get the maximum recovery possible under the settlement, according to information presented to the board.

Virginia is expected to get about $426 million from the settlements.

8 Middle Schools Named ‘Schools to Watch’

Brambleton, Eagle Ridge, Farmwell Station, Harper Park, River Bend, J.L. Simpson, Sterling and Willard Middle Schools have been designated or redesignated National Schools to Watch by the National Forum to Accelerate Middle-Grades Reform.

The goal of the program is to identify and recognize middle schools across the nation based on high performance in academics, being developmentally responsive, being socially equitable and incorporating impactful organizational structure. To show continuous growth, the STW designation is renewed every three years requiring staff to self-assess and reevaluate their practices regularly.

The schools will hold individual celebrations throughout the spring. All will be recognized at the National Schools to Watch Conference in June and at the Virginia Middle School Association Conference in March.

SCHOOL NOTEBOOK continues on page 13

Alexis Gustin/Loudoun Now Rally goers on Jan. 24 stand in support of collective bargaining for employees of Loudoun County Public Schools.

Alexis Gustin/Loudoun Now

Curriculum and Instruction Committee members Atoosa Reaser (Algonkian) and Chair Ian Serotkin (Blue Ridge) listen to four new proposed policies on March. 6.

Collective bargaining

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the terms that will go to another board vote.

Loudoun Education Association President Sandy Sullivan said LEA and the Virginia Education Association “believes we should be a collaborative partner in determining the resolution language, whether it occurs in an ad hoc committee, a current standing School Board committee or another mutually agreed upon process.”

“In terms of resolution language, the resolution LEA has submitted encompasses what we believe should be included in the School Board’s adopted resolution,” she said.

On Feb. 28 the School Board met in closed session to discuss procedures around certification of collective bargaining. Earlier that day, Sullivan, an attorney from the Virginia Education Association, Falconi and division administrators verified authorization cards signed by a majority of licensed division employees. Sullivan sent a proposed resolution along with the signed cards.

Sullivan notified the division via certified mail Jan. 31 that LEA had received signed authorization cards for 51% of all licensed division employees. That letter initiated a 120-day deadline under state law for a vote on a resolution whether to allow collective bargaining within the division or not.

The School Board is not required to extend collective bargaining rights even if a majority of employees support it.

The School Board’s adopted $1.67 billion fiscal year 2024 budget does not allocate funds to support bargaining. Acting Superintendent Daniel Smith estimated in January the district would need $3.5 million and 14 full time staff to implement collective bargaining. He said at the

SCHOOL notebook

continued from page 12

Foxcroft STEM Challenge Tackles Climate Change

Foxcroft School took third in the high school division during its 12th annual science, technology, engineering and math competition held at the Middleburg school.

Competitors used their STEM knowledge to take on environmental issues like

time if a resolution passed in favor of it the School Board would need to ask the Board of Supervisors for more money to fund it in the budget.

Sullivan disagreed with the cost estimate and said she believed it was a scare tactic and that the division could implement it for less money and fewer employees.

During a joint Board of Supervisors, School Board meeting Feb. 16, supervisors questioned how collective bargaining would be funded if it wasn’t included in the School Board’s adopted budget.

Supervisor Juli E. Briskman (D-Algonkian) asked specifically if it would be covered in the school division’s end-of-year fund balance.

County Chair Phyllis J. Randall (D-At Large) also asked about the fund balance and told School Board members that if they planned to ask for more money after the budget process ended, it would be too late.

Schools Chief Financial Officer Sharon Willoughby said based on their second quarter review they projected having a $14.1 million fund balance, but noted the projection was expected to change because they only had numbers through Dec. 31. She also noted if the General Assembly wasn’t able to correct a $3.5 million fiscal year 2024 budget shortfall, then the division would need to deduct it from the fund balance.

A state funding error discovered in January had school districts being given $201 million less than expected, and Loudoun potentially losing $3.5 million.

The General Assembly voted on Feb. 25 to fix the budget shortfall as part of a stopgap budget, allocating $132.7 million for the current school year budget and $125.8 million to next year’s budget. n

rising sea levels, pollinator habitats, recycling and more as they participated in challenges surrounding the “Be Green” theme.

Event sponsor Stryker Corporation brought several female engineers to administer one of five challenges to the teams as well as share their experiences and answer questions during a career panel.

The competition hosted 109 girls from 14 schools in Virginia, Maryland and Washington DC. n

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Three Community Meetings Planned on Superintendent Search

The Loudoun County School Board is looking for community input on what qualities it wants in the new superintendent.

The superintendent search firm GR Recruiting is conducting input meetings starting this week to compile input that will be used to help develop the profile of the ideal candidates in the superintendent search.

Staff members, students, families and the general public are encouraged to share their preferences by attending information sessions and by filling out an online survey survey.k12insight.com.

Loudoun County High School Hosts Student Women’s Summit

BY HANNA PAMPALONI hpampaloni@loudounnow.com

Loudoun County High School on Tuesday held its second annual Women’s Summit focused on the theme, “A World of Possibilities.”

The event featured keynote speaker Julianne Sprinkle, who discussed her career as an attorney in the Judge Advocate General’s Corps and offered tips for success.

“You can be a perfectly ordinary per-

Selection policies

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classroom material. It outlines the selection process at both the division level and school level and who is involved. Additionally, it states school library materials are considered supplemental instructional materials when assigned by a teacher “for the completion of an assignment or as part of an academic or extracurricular educational program.” It also states that instructional materials with sexually explicit content are not to be used in elementary classrooms. Deputy Superintendent Ashley Ellis said this policy only deals with supplemental instructional materials, while another one deals with primary materials like textbooks.

The second draft policy deals with

son and do extraordinary things,” she told the crowd.

The keynote speech was followed by breakout sessions led by students, a faculty member, and a recent Loudoun County High School graduate. They presented on topics including Women in Aviation, Women in Publishing, Women in Music, and the World of Voice Acting.

Sela Campbell is a student that performs gigs as a singer and musician around the region led the Women in Music breakout session, sharing her experi-

criteria and selection of school and classroom library materials and makes a clear distinction between school and classroom libraries, who is responsible for selecting each library’s materials and the criteria for selection. It states that the selection of classroom libraries is primarily up to each teacher but notes teachers may get advice from others. It identifies what materials are not allowed in either type of library, including materials that contain visual depictions of sexual conduct defined by a division policy adopted in November that requires advance notification of instructional materials with sexually explicit content. The draft policy also deals with gifts and donations of materials and outlines an inventory review be conducted every two years. The policy states that in the selection process for both types of libraries, the division supports a culturally respon-

ences as a performer with fellow students.

Former Loudoun County High School teacher Arlene Lewis said the purpose of the event was for women to share and demonstrate how others could achieve success as women in various fields. She said everyone teaching on the topics was tied to Loudoun County High School in some way, including Sprinkle who has a daughter attending the school.

“Why would we want to outsource that, when we have so much talent in-house?” Lewis said. n

sive environment by including materials that represent all backgrounds.

The board also is considering new procedures for how instructional materials are challenged or reviewed. According to proposed Policy 5047, someone asking for a book to be reviewed must first talk to an administrator at the school where the book was found before submitting a formal review request to the division. Another change to the review process is that all reviews would be done at the division level by a review committee. The policy outlines who may be part of that review committee and increased the review time of the material from 30 days to 45. It notes that someone may appeal the decision of a reviewed book to the School Board. It would require that books under review be listed on the division’s website within 10 days.

The information sessions will be led by members of the recruiting firm.

The first two community meetings were held March 14 and 15.

A final session will be held from 6:15 to 7:15 p.m. March 16 for parents and guardians at Heritage High School.

ASL and Spanish interpreters will be available at the March 16 meeting.

Also, those needing translation, interpretation or other accommodations should contact the superintendent’s office by email at clerk@lcps.org three business days before the meeting. n

The Family Life Education policy is a brand new one to the school division, but according to Ellis is taking current division practices around FLE and formalizing them into a policy. Ellis said during a Feb. 9 committee meeting that, although the county didn’t have a formal FLE policy, the division followed the Virginia Department of Education guidelines. The proposed policy outlines the rights of parents to review the FLE curriculum and to opt their child out from “all or part” of the instruction, as is current practice.

All four policies will be circulated to the division’s advisory committees and the public for feedback. The policies will go before the full School Board for a vote sometime this summer, according to a presentation. n

Hanna Pampaloni/Loudoun Now

Students attending Loudoun County High School’s Women’s Summit on Tuesday listen to keynote speaker Julianne Sprinkle.

Public Safety Judge Calls for Hearing Over Disqualification of Loudoun CA’s Office

BY NORMAN K. STYER nstyer@loudounnow.com

The controversy over who will prosecute a two-year-old burglary case isn’t over yet.

The Supreme Court of Virginia in December ruled that Circuit Court Judge James E. Plowman erred procedurally when he disqualified the Loudoun County Commonwealth’s Attorney’s Office from prosecuting two felony burglary charges and three misdemeanor charges against Kevin E. Valle.

Plowman’s action came as he objected to a plea bargain proposed by county prosecutors, who he claimed omitted elements of Valle’s criminal history. The judge raised questions about whether the omissions were purposeful to justify a more lenient sentence.

After Plowman filed an order disqualifying the Loudoun’s Commonwealth’s Attorney’s Office from the case, Judge

James P. Fisher appointed Fauquier County Commonwealth’s Attorney Scott Hook to take over. However, the case remained in limbo pending Commonwealth’s Attorney Buta Biberaj’s appeal to the Supreme Court challenging Plowman’s order.

The Supreme Court ruled that Plowman erred in not giving notice to Biberaj or her office about his intent to disqualify them and failed to provide an opportunity for them to address his concerns.

On March 9, Deputy Commonwealth’s Attorney Michele Burton and defense attorney Jeffrey Clark returned to court with the intent of completing the plea hearing that was halted by Plowman last June.

However, Judge Douglas L. Fleming Jr. said the question about whether the Commonwealth’s Attorney’s Office would remain disqualified had yet to be answered.

He said the Supreme Court’s order indicated that county prosecutors should have notice and be provided a hearing on

that action. Acknowledging the largely unprecedented nature of the case’s standing, he asked the attorneys for input on how to best carry out the instructions of the higher court.

Fleming provided Burton time to consult with Biberaj or others in her office before recalling the case several hours later.

“This is not an empty procedural issue,” he told Chief Deputy Commonwealth’s Attorney Shaniqua Clark Nelson.

Fleming said the hearing would be called to allow Biberaj or her staff to respond to the concerns Plowman raised and to serve as an opportunity to “provide comfort and assurance” to the court that the Commonwealth’s Attorney’s Office could adequately adjudicate the case if reinstated.

During the discussion with Clark Nelson, it was agreed that Fleming sending a letter to the CA’s office calling for such

a hearing would address the Supreme Court’s requirement to provide notice. A hearing would then be held to provide them the opportunity to refute Plowman’s criticisms.

Fleming said the letter would be sent in the coming weeks.

Valle was a suspect in a series of up to 12 break-ins committed over 10 days in four different counties in 2021. He pleaded guilty and was sentenced to prison for three break-ins in Fauquier County and remains behind bars. While the felony breaking and entering charges in Loudoun carry sentences of one to 20 years in prison, the plea agreement presented last year proposed a six-month active sentence on the two felonies and the additional charges of destruction of property and giving false identification to law enforcement. He also would be required to pay $2,289 in restitution to the businesses. n

Massage Therapist Sentenced in Sexual Assaults

BY NORMAN K. STYER nstyer@loudounnow.com

A former massage therapist was sentenced Thursday to serve two years in prison after pleading guilty to the sexual assault of two clients.

Patrick Erlandsen, 21, of Leesburg, was arrested July 7 following an investigation by the Sheriff ’s Office’s Special Victims Unit into two incidents reported at the NOW Massage on Thorndike Street in the One Loudoun neighborhood. The first incident was reported July 2 and occurred the previous day. The second incident occurred on July 7.

He pleaded guilty in December to two felony charges of aggravated sexual battery.

During the March 9 sentencing hearing, defense attorney Kelly King sought to have Erlandsen released on a period of probation, noting he already has been held in jail for eight months, has been branded a convicted felon, and will be required for life to register as a sex offender. She said he hoped to go back to college and pursue a degree in the IT field.

Deputy Commonwealth’s Attorney Michele Burton acknowledged that Erlandsen had a good family life and no prior criminal history, but said that additional time in

custody was warranted.

“He was placed in a position of trust,” she said, noting massage therapists are expected to provide help to clients who place themselves in vulnerable positions. The women came into the spa for massages and left as victims, she said.

She noted that one of the victims was getting a massage as a treat to celebrate her 18th birthday. “That day changed her life,” Burton said.

In addressing Judge Douglas L. Fleming Jr. during the March 9 sentencing hear-

ing, Erlandsen said that saying how sorry he was for his actions was not enough. He apologized to the victims, to others in the massage therapy industry and to his family.

Fleming said that Erlandsen’s lack of criminal history—without even evidence of a traffic ticket—and his profound remorse were mitigating factors to be considered, but his conduct—a “betrayal of trust”—forever changed the lives of innocent women who had entered the spa expecting an enjoyable experience.

The judge also asked whether licensing

standards for massage therapists should be more restrictive, questioning the wisdom of allowing a 20-year-old male, perhaps still years away from having the impulse controls of a fully mature brain, to massage an 18-year-old female.

“This is tragic all the way around,” Fleming said.

Fleming sentenced Erlandsen to 10 years in prison on both charges, suspending eight years of each sentence for a total active sentence of two years to be followed by eight years of supervised probation. n

Deputy Escapes Injury After Cruiser Hit by Suspected DWI Driver

A Loudoun County Sheriff’s Office cruiser was struck by an alleged drunk driver early Saturday morning on Rt. 7.

According to the report, deputies conducted a traffic stop on a suspected DUI driver at 1:18 a.m. on the eastbound exit ramp to Rt. 28. At approximately 2 a.m. a vehicle crashed into one of the patrol vehicles parked along the road with its emergency lights activated and a deputy inside.

The driver of the striking vehicle was found to be under the influence and

arrested.

No injuries were reported.

“This incident highlights the dangers our deputies face every day,” Sheriff Mike Chapman stated in an announcement of the incident. “This could have ended tragically, and we are thankful that both the deputy and the driver were not injured.”

Both the driver of the initial traffic stop, a 31-year-old Ashburn man, and the driver who hit the cruiser, a 24-yearold Herndon man, were arrested and

taken to the Loudoun County Adult Detention Center. n

Prosecution confusion

continued from page 3

According to her presentation to the group, in 2022 the Juvenile and Domestic Relations Court had 1,826 adult criminal cases and 891 juvenile cases, the Circuit Court had 1,522 criminal cases, and in General District Court there were 1,543 felony cases, 6,184 misdemeanor cases, and 24,818 traffic infractions. In a follow-up phone call after the COLT meeting, Biberaj said COVID-19 era practices mean her attorneys would be expected to prepare to argue many cases that never go to trial, such as when defendants pre-pay their fine.

Clark Nelson said the workload creates “a lot of angst and anxiety” among attorneys and has them working nights and weekends.

Biberaj and Clark Nelson said much of the increased workload comes down to the widespread rollout of body-worn cameras on law enforcement officers, adding to the hours of footage captured on the dash cameras in their vehicles.

During a sometimes confrontational meeting with Loudoun supervisors Monday, Biberaj said both that the practice outlined in the Dec. 30 letter is the same as the office’s pre-COVID-19 practice, and that it is different. She said the change to pre-COVID practice is that her office will not present Class 3 and 4 misdemeanors to the court, instead leaving that to law enforcement officers.

Biberaj also pitched a theory that her office is not legally authorized to prosecute some infractions, reading a state code section laying out that the Commonwealth’s Attorney “shall have the duties and powers imposed upon him by general law, including the duty of prosecuting all warrants, indictments or informations charging a felony, and he may in his discretion, prosecute Class 1, 2 and 3 misdemeanors, or any other violation, the conviction of which carries a penalty of confinement in jail, or a fine of $500 or more.”

She acknowledged historically and across Virginia the office has also prosecuted cases with maximum fines less than $500 and that do not threaten jail sentences. Supervisor Caleb E. Kershner (R-Catoctin), a criminal defense attorney, also pointed another passage in the same section of law that the commonwealth’s attorney “may perform

such other duties, not inconsistent with his office, as the governing body may request.”

“I actually think your plan, initially, was not to prosecute those, there was some level of blowback and you’ve now told us that. ‘Hey, I’m still going to do those if attorneys are involved or we’re going to kind of’—it’s not clear to me exactly what you’re going to do,” Kershner said.

The Dec. 30 letter said the change would apply to offenses alleged to have occurred after Jan. 16. That has been delayed, and Clark Nelson said the change originally announced for January will happen “as soon as possible.” She told the town mayors the letter’s intent “was to have a conversation.” Middleburg Mayor Bridge Littleton said the letter didn’t read that way, but as “a directive of the decisions that have been made.”

“Your letter was not a ‘hey, this is what we’re thinking what do you think? We want to get your feedback.’ It was a ‘today is Dec. 30, whatever it is, this is what we’re doing,’” Littleton said. “… It wasn’t case by case determination, it was ‘this list will be deferred.’ It was not subjective or qualified in any way, and it was ‘we’re implementing this in two weeks.’”

“Certainly, upon reflection the word choice can always be amended to make it very clear what the intent is. Sometimes all you can do as a reader is go based on what the words are,” Clark Nelson said. “You guys aren’t going to be in our brains and sit in our brain to see what the intent behind that was.”

“I definitely am with you in the sense of, words and how the sentence and structure is formed, they matter. And we can certainly do a better job of making sure that our words meet our intent,” she added.

“If nothing really has changed, nothing dramatically has changed and you’re still going to continue prosecuting, I would say you’ve got a real PR problem,” Leesburg Mayor Kelly Burk said.

And during the Middleburg Town Council meeting following the COLT discussion, Littleton reported that the mayors had urged the Commonwealth’s Attorney’s Office to better engage with them and the public, but got no commitments.

“I would say we got less clarity, not more clarity,” he said. n

Hamilton Residents Again Raise Safety Concerns

BY HANNA PAMPALONI hpampaloni@loudounnow.com

Hamilton residents again are raising concerns about pedestrian safety after a recent early morning accident resulted in a smashed mailbox and damaged telephone pole in town.

Last week a vehicle driving down East Colonial Highway hit a mailbox belonging to Todd Wright and a telephone pole close by, damaging the pole and crushing the mailbox.

Wright said it was the third time that his mailbox has been hit since his family moved into their home in 2015. He also said he wasn’t home at the time of the incident but that his daughter was asleep in their living room.

“She was sleeping in the room, directly, I mean maybe 20 feet from where it happened. So, she woke up to what sounded like a bomb going off,” he said. “She didn’t know what it was. She texted me in the middle of the night and she said, ‘Something just happened and it sounded like a bomb went off ’ and was terrified.”

Wright said that the sidewalk in front of

his house is lower than the street, making it easy for distracted drivers to swerve off the road and onto the sidewalk with no curb to stop them.

Hamilton resident Kathryn Steele, who also lives on East Colonial Highway, said she is concerned about the speeding, distracted driving, and lack of pedestrian safety in town.

“I have a great front porch. I go out there with my coffee in the morning. I go

out there in the afternoon to read books and the things I see is mind-blowing,” she said. “[People applying] eye makeup, texting, distracted driving.”

She said her daughters get off the school bus every day next to the Wrights’ mailbox.

“I am scared to let my children ride their bikes down the sidewalk from my house to Elementary Drive because there are several spots where there is loose gravel,” she said. “I’m afraid that my kid who is five is going to slip on the gravel on her bike and fly into the road. And with people traveling at speeds greater the 25 miles per hour often, that is very concerning.”

Steele said she had suggested a few solutions at several council meetings that she attended last year.

“Can we get illuminated crosswalks that are pedestrian activated by a push button? Can we step up Loudoun County [Sheriff Office] patrols through the area? Can we install speed bumps?” she asked.

She also said the problem lies in more than just speeding, and that she is concerned about the lack of barriers between

continues on page 19

Purcellville Police Seek Comment on Body-Worn Camera Policy

BY HANNA PAMPALONI hpampaloni@loudounnow.com

As the Purcellville Police Department prepares to rollout a body-worn camera program for its officers, the agency is seeking public comment on the draft policy governing their use.

Several officers have already undergone training related to the cameras and are testing various models to find one that best suits the department’s needs.

The proposed audio and video recording policy is available for review and comment on the town website.

The stated purpose is “to provide guidelines for the proper use of department-issued body-worn cameras, in-car cameras, and interview room cameras to accurately record law enforcement actions, capture evidence pursuant to investigations and enhance transparency and accountability.”

The policy outlines that officers must undergo proper training before being issued a camera and may be required to undergo further training on a periodic basis.

It states that the officer’s responsibilities related to the cameras include inspecting

and activating them at the beginning of each shift, uploading and tagging videos at the end of their shift and properly logging videos that qualify as evidence.

The policy states that mandatory recordings include, “all investigative and enforcement contacts, as well as all contacts specifically related to a call for service by officers issued a [body-worn camera]”.

Those situations include while the officers are in route to contact with community members regarding police duties and actions conducted in the official performance of duty including emergency response driving, vehicle stops, searches of buildings and vehicles, collection of evidence of a crime, searches or frisks of individuals, and transportation of individuals in custody.

Officers also must activate the recording at the request of a citizen with whom the officer is interacting.

There are a few exceptions outlined in the policy that allow for discretion on the part of the officer to not activate their body-worn camera. These include: if the recording would interfere with the ability to conduct an investigation, if the recording would be inappropriate due to

the victim or witness’s physical condition, if a victim or witness refuses to provide a statement if recorded and the encounter is non-confrontational, and if the recording would capture sensitive tactical conversations that could endanger officer safety if released to the public.

Officers are not required to stop recording unless ordered by a supervisor.

If officers fail to activate their camera and record a required interaction, they must provide an audible recording of why and a written record in the police case report. They must also notify their supervisor.

The policy states that officers must not record conversations of department employees without their knowledge during routine activities, not record in places where a reasonable expectation of privacy exists, not intentionally record confidential informants or undercover officers, not edit, erase or share recorded data, and not record when restricted by courthouse policies.

Comments from the public regarding the policy will be accepted through March 21. n

HAMILTON Council Sets Real Property Tax Rate

The Hamilton Town Council on Monday voted unanimously to set the town’s real property tax rate at 27 cents per $100 of assessed value for fiscal year 2024, a one-cent increase.

The ordinance also includes relief for the elderly and disabled listing their rate at one cent per $100 of assessed value.

The tax rate is still one cent lower than the rate has been in previous years. The council voted in 2022 to decrease the rate from 28 cents to 26 cents amid sharp increases in the value of single-family homes.

The council on Monday discussed the possibility of raising the rate to the previous 28 cents but ultimately opted to meet in the middle at 27 cents to help increase revenue for the town without dramatically raising the burden on taxpayers.

MIDDLEBURG

Council Vacates S. Pickering St. Right of Way

Thirty-five years ago, the Town Council wiped out the concept of extending Pickering Street south of Washington Street to Federal Street by abandoning a portion of the 40-foot-wide right-of-way that had been reserved for the street.

Last week, the council completed that action by vacating the remaining portion of that reservation.

The right-of-way bisects property owned by The Fun Shop Inc., the Allen family business founded nearly 70 years ago. Under the council’s action, the land will revert to the family, which offered to pay $20,000 for the 157-foot strip of land running from behind the Brick & Mortar building to Federal Street.

The action helps clear the way for a sale of the property to a buyer

AROUND TOWNS

continues on page 19

Hanna Pampaloni/Loudoun Now A telephone pole off East Colonial Highway was recently hit by a vehicle. Hamilton residents have raised concerns about pedestrian sidewalk safety and speeding in town.

HAMILTON SAFETY

Hillsboro Celebrates Community Achievements, Leaders

BY NORMAN K. STYER nstyer@loudounnow.com

The Town of Hillsboro held its annual community celebration Saturday morning, providing residents with updates on its long list of infrastructure upgrades and upcoming events, and recognizing individuals for their special contributions.

Mayor Roger Vance led the State of the Gap program in the Old Stone School auditorium.

Last year the town completed work on its Rt. 9 sidewalk and traffic calming project, brought a new public water system online, and extended broadband connections to homes. While those improvements have been transformational for the small town, the work continues.

The town is wrapping up construction on another multi-modal trail—bringing its pedestrian network to two miles. It is about to embark on another project, to restore the truss bridge over the North Fork of Goose Creek, after landing a grant for the work.

The town’s first wastewater treatment plant is expected to come online by June, and crews are being lined up to begin the process of hooking homes and businesses into the new sewerage system in the coming months.

“Bringing modern wastewater water treatment to Hillsboro and really eliminating the biggest public health concern and environmental hazard in Hillsboro—it’s really huge,” Vance said of the project. “It’s a huge accomplishment and we should all be very proud for what everyone here has done.”

He said the utility upgrades will offer benefits beyond improved public health.

“This critical infrastructure along with our new drinking water system is having a significant positive impact on property values now, and it allows for the type of economic development that we’ve been talking about— the ability for businesses to operate here in town will add and really make Hillsboro sustainable in the future,” Vance said.

Next month, the town is expected to

AROUND towns

continued from page 18

who plans to establish a restaurant similar to the beloved Coach Stop or Mosby’s on the properties, according to a letter from the family.

There were no speakers during the March 9 public hearing on the transaction which was unanimously approved.

open the new community mail kiosk at the historic Lawson-Goodrich House. The town purchased and restored the building, which now is ready to serve as a visitors center with space to lease for a café or restaurant.

Vance also announced plans to expand the town’s community events. While the spring Gardens in the Gap program and the Friday night summer concert series will return, the town also plans a Sunday farmers market, and to add Ford’s Fish Shack as a regular food truck vendor at the Old Stone School. Hillsboro has joined forces with Round Hill to host the Appalachian Trail Festival this summer and is pursuing designation as an Appalachian Trail Community. Also, Vance said the town has been selected to be a featured community during the 2024 Virginia Garden Club homes and garden tour.

Since 2017, the town has operated an annual awards program.

This year’s Good Governance Award was presented to Supervisor Tony Buffington (R-Blue Ridge).

“He has been a stalwart ally, from day one, on everything we’ve done here,” Vance said. “On our long journey, he’s been instrumental in so many ways to be able to make it all out. And he’s worked tirelessly, often against some very swift currents, to protect and preserve the greater Hillsboro area and all of rural western Loudoun County. Tony has really never wavered, and he’s never let us down, that’s for sure.”

“Honestly, it’s been my favorite part of my time in office the last eight years,” Buffington said of his work with the town. “I really love Hillsboro. I love the people here. I love what we’ve accomplished here. The accomplishments have been amazing.”

“It just goes to show that when you have the right people doing the right things at the right time and for the right reason, you really can make a difference and no matter how small the town or the village,” he said. “Political differences don’t really matter. When it comes to local government, what matters is your vision and working together to figure out how you can accomplish it.

Sleuthing Policework Finds Lost Ring

Perhaps akin to finding a needle in haystack, a Middleburg Police officer is being credited with extraordinary work in tracking down a ring that had been lost in the downtown area.

Chief AJ Panebianco reported the effort of Officer Daniel Hinegardner to the Town Council last week.

Hillsboro has figured that out.”

Vance presented the Lifetime Achievement Award to artist and Town Council member Laney and her architect husband Michael Oxman, whose projects include the Lawson-Goodrich House restoration.

“Michael and Laney are currently the residents who have lived longest in the town of Hillsboro, but it’s not the longevity of their time here that warrants this honor. Rather, it’s the quality of their time, and their contributions to Hillsboro that merit the mayor’s Lifetime Achievement Award,” Vance said.

“Despite busy nonstop careers … these two tireless artists have given generously of their talents to our community, donating thousands of hours to help enrich our lives, each of them serving on Town Council at one time or another, and Michael serving on the planning commission—not to mention the many ad hoc committees and advisory groups they’ve been roped into over the years,” Vance said.

The Community Service Award was presented to the Hillsboro Preservation Foundation for its work reviving the homes tour, supporting community events and helping neighbors in need, among other contributions.

The Business Service Award was presented for Jeff Darby and OHM Production for support of the town’s Independence Day celebration, helping to build the performance stage and supporting last year’s Ukraine Aid concert.

The Innovation Award was presented to the town’s internet service provider KGI communications. “I don’t think I have to tell anyone here the monumental impact, reliable true high-speed broadband has had for Hillsboro,” Town Council member Lisa Franke said.

Volunteer of the Year was presented to Inez and Stephen Morgart in recognition for their efforts to support the town in a wide variety of ways—from decorating for town events to serving as bartenders during the summer concerts. They “epitomize the spirit of volunteerism,” Lanny Oxman said. n

He said that after taking a report from a woman who lost an expensive custom-made ring, Hinegardner “started sleuthing.” He began retracing the woman’s trek through town and, surprisingly, found the missing treasure.

“Somebody from Middleburg picked that ring up and set it on the windowsill right beside the jewelry store so it could be found—as opposed to putting in their pocket,” Panebianco said.

Hamilton safety

continued from page 18

the road and sidewalks.

“Half of the problem is that the sidewalks we have for a good portion of the town are below street level. They’re either at or below street level and there are no curbs,” Steele said. “So, it’s very easy for people to drift off of the road if they are texting or intoxicated.”

The Hamilton Town Council has been working to find solutions to help mitigate both speeding and pedestrian dangers throughout town.

Council Member Catherine E. Salter said she’s submitted multiple requests to the Virginia Department of Transportation but that it often doesn’t respond to her or deny her requests.

“What everything comes down to Hamilton is in this little bubble pocket, that Hamilton is a little too big, and a little too small for most programs,” she said.

Salter said she has submitted requests for speed bumps, stop signs, rumble strips and sidewalk repairs.

“I asked for buttons that would let lights light up at crosswalks, but there is a moratorium in Virginia on those because incidents increased,” she said. “Because people would hit the button and walk right into the street.”

She said when she requested speed bumps in town, she was told there was too much traffic.

She said that recently VDOT sent a representative to walk through the town with her, council member Heather Beardsley and Hamilton project manager Earl Dubin, but that the representative did not give her a timeline of when the town could expect progress or feedback.

Salter said that even though they haven’t made the progress she would like to see, she was going to keep pushing.

“I am not giving up, we’re going to find a common ground,” she said.

Mayor Kenneth C. Wine said at a March 13 council meeting that he is also looking to get help from state representatives on the issue. n

“This is kind of a testament to Middleburg and also a testament of the [tenacity] of our officers and how they want to make things happen and do well and do extra,” he added, noting people often find wallets and return them to the police station— including at least on one occasion with thousands of dollars inside.

“This type of story is what Middleburg is all about,” Council member J. Kevin Daly said. n

GET OUT

A Message of Acceptance and a Touch of Magic

Arts for All’s ‘Beauty and the Beast’ Debuts March 17

BY JAN MERCKER jamercker@loudounnow.com

As Arts for All Loudoun’s Amanda Barr was brainstorming plans for the organization’s annual spring musical, one show kept rising to the surface. Barr knew it was time for the community theater group that embraces actors of all abilities to take on the beloved Disney classic “Beauty and the Beast.”

“It has a really great message about loving somebody for who they are, and that’s what we try to teach with our particular group of people,” said Barr, who is directing her third

production with Arts for All. “Everybody is so different and has different abilities, and we want them to love themselves for who they are and love others for who they are.”

Arts for All’s production of “Beauty and the Beast Jr.” runs March 1719 and March 24-26 at the Franklin Park Arts Center. The organization, a Loudoun community theater staple for more than 30 years, provides performance opportunities for Loudouners of all abilities, offering starring roles to actors with disabilities while also creating much needed community theater experience for young actors of all abilities.

“There’s a reason we’re called Arts for All,” Barr said. “There’s been a rise in auditoners who don’t have any visible or diagnosed special needs. They want that community theater opportunity,” Barr said. “We had the most

auditioners we’ve had in a long time.”

But Arts for All’s unique mission of inclusion means this isn’t just any community theater production.

“This is the high point of the year for our participants. … This is what they live for. It’s a completely different experience. It’s a lot of work and it’s so worth it,” said Arts for All co-president Jody Rodgers.

Barr said this year’s production is also a culmination of the organization’s push to produce familiar and engaging shows in recent years. Last year’s production of “Seussical” was a hit with performers and audiences alike, and “Beauty” brings back numerous returning actors from that show.

“We’ve done a lot of privately written shows in the past,” Barr said. “We’re really excited to transition to more well-known shows. … Right

now, Arts for All is one of the only community theater options in Western Loudoun. We’re excited to bring more opportunities.”

With its familiar songs and characters and show-stopping numbers including “Be Our Guest,” the Disney musical also raises audience expectations, Barr said, and the cast and crew are rising to the occasion.

“At our first rehearsal, we started singing, and everybody just jumped right in. We didn’t have to completely teach an entire song to the entire cast because everybody knew the music. … We’re trying to build up that confidence with all our actors so we can hit those expectations,” Barr said.

The beloved show has brought an enthusiastic cast, many of whom were

ARTS FOR ALL continues on page 24

Alexis Gustin/Loudoun Now

Asher Kordon performs as Gaston, the main antagonist in Arts for All Loudoun’s presentation of the Disney classic “Beauty and the Beast,” which opens Friday at the Franklin Park Arts Center.

GET OUT THIS WEEK

HOLIDAY HAPPENINGS

ST. PATRICK’S DAY WEEKEND AT WHEATLAND SPRING

Friday, March 17-Sunday, March 19

Wheatland Spring Farm and Brewery, 38506 John Wolford Road, Waterford

Details: wheatlandspring.com

Enjoy corned beef and cabbage all weekend long, dark beef flights and live music Friday and Sunday. Visit the website for a complete schedule.

ST. PATRICK’S DAY AT SPANKY’S

Friday, March 17, noon-midnight

Spanky’s Shenanigans, 538 E. Market St., Leesburg

Details: spankyspub.com

Spanky’s celebrates all day starting at noon with live music on three stages throughout the day.

MACDOWELL’S BLARNEY BASH

Friday, March 17, 4 p.m.-midnight

MacDowell Brew Kitchen, 202 South St. SE, Leesburg

Details: macsbeach.com

Kick off the evening with happy hour followed by live music from Dave

Goodfrom from 4:30 to 7 p.m. and Point of Rock from 7:30 to 11:30 p.m.

ST. PATRICK’S DAY AT LOST RHINO

Friday, March 17, 6-11 p.m.

Lost Rhino Brewing Company 21730 Red Rum Drive, Ashburn

Details: lostrhino.com

Celebrate St. Patrick with Irish food specials, a traditional dance performance by Foley Academy of Irish Dance at 5:30 pm and live music by Amorous Theft at 6:30 p.m.

ST. PATRICK’S DAY DINNER AND DANCE

Saturday, March 18, 5-11 p.m. Lovettsville Game Protective Association, 16 S. Berlin Pike, Lovettsville

Details: lovettsvillegameclub.com The evening kicks off with corned beef and cabbage dinner followed by dancing with great tunes from Steve George and Friends, Tickets are $20.

THIS WEEK continues on page 22

Best Bets

Overlook Lane, Purcellville

GET OUT THIS WEEK

continued from page 21

LIVE IN LOUDOUN

JAKE PHILLIPS AND PETE THOMAS

Friday, March 17, 4 p.m.

1836 Kitchen and Taproom, 34 E. Broad Way, Lovettsville

Details: 1836kitchenandtaproom.com

Two longtime Loudoun musicians join forces for an evening of groovy eclectic tunes.

MARK CULLINANE

Friday, March 17, 5 p.m.

FRIDAY

A LITZ ST. PARTRICK’S DAY

Friday, March 17, 6 p.m. (doors) Tally Ho Theater tallyhotheater.com

Two Twisted Posts Winery, 12944 Harpers Ferry Road, Hillsboro

Details: twotwistedposts.com

Cullinane is back with acoustic classic rock tunes for a fun afternoon.

MIGUEL AUBERTIN

Friday, March 17, 6 p.m.

Flying Ace Distillery and Brewery, 40950 Flying Ace Lane, Lovettsville

Details: flyingacefarm.com

Wind down the week with Aubertin’s repertoire of joyful songs with a reggae flair.

CLENDENEN BROTHERS

Friday, March 17, 6 p.m.

Harpers Ferry Brewing, 37412 Adventure Center Lane, Loudoun Heights

Details: facebook.com/ harpersferrybrewing

SATURDAY

MELISSA QUINN FOX BAND

Saturday, March 18, 7 p.m. MacDowell’s macsbeach.com

SUNDAY

KEN WENZEL

Sunday, March 19, 2 p.m. Breaux Vineyards breauxvineyards.com

Celebrate St. Paddy’s Day American style with bluegrass from the Clendenen Brothers.

LITZ

Friday, March 17, 7 p.m. Tally Ho Theater, 19 W. Market St., Leesburg

Details: tallyhotheater.com

It’s an evening of rock and funk with an electronic twist from Litz. Openers include The Sweet Life, The Solar Circuit and The Atlantic Aesthetic. Tickets are $15 for general admission, $35 for VIP seats.

CHRIS BOWEN

Saturday, March 18, 1 p.m. Creek’s Edge Winery, 41255 Annas Lane, Lovettsville

Details: creeksedgewinery.com

Kick back with great tunes from western Loudoun singer/songwriter and one-man band Chris Bowen of the Bone Show.

FREDDIE LONG

Saturday, March 18, 1:30 p.m. Sunset Hills Vineyard, 38295 Fremont

Details: sunsethillsvineyard.com

Long is part introspective singer/ songwriter, part bluesy classic rocker for a perfect winery afternoon.

SUMMER AND ERIC

Saturday, March 18, 2 p.m.

Old 690 Brewing Company, 15670 Ashbury Church Road, Hillsboro

Details: old690.com

This DMV duo plays a fun, eclectic and unexpected mix of music from the past and present, as well as original tunes.

SHANE HINES

Saturday, March 18, 2 p.m.

Breaux Vineyards, 36888 Breaux Vineyards Lane, Hillsboro

Details: breauxvineyards.com

Hines returns to Breaux with his unique brand of indie pop.

MORRIS AND MORRIS

Saturday, March 18, 3 p.m.

Flying Ace Distillery and Brewery, 40950

Flying Ace Lane, Lovettsville

Details: flyingacefarm.com

Morris and Morris is a father/son duo performing standards, jazz, classic rock and blues.

CAVEMAN TV

Saturday, March 18, 5 p.m.

Lost Barrel Brewing, 36138 John Mosby Highway, Middleburg

Details: lostbarrel.com

Caveman TV features Derek Kretzer and Kevin Johnson of the Plate Scrapers, Dwayne Brooke of the Woodshedders and Will Spaulding of Plank Stompers. They’ll be serving up favorite Irish drinking songs, Irish fiddle tunes and songs from the Pogues, Dubliners and other classic Irish groups.

BETHANY GATES

Sunday, March 18, 6 p.m.

Bear Chase Brewing Company, 18294 Blue Ridge Mountain Road, Bluemont

Details: bearchasebrew.com

Richmond-based acoustic singer/ songwriter Bethany Gates performs favorites from a range of genres, including pop, country and rock.

MELISSA QUINN FOX BAND

Saturday, March 18, 7 p.m.

MacDowell Brew Kitchen, 202 South St. SE, Leesburg

Details: macsbeach.com

Wammie-winner Melissa Quinn Fox returns to Mac’s Beach with her signature high-energy blend of rock and country.

Old Ox Comedy Show

Saturday, March 18, 7-9 p.m. Old Ox Brewery, 44652 Guilford Drive, Ashburn

Details: www.oldoxbrewery.com

Join three nationally performing comics, including social media sensation Christian McCartney, the educated

redneck Dan Ellison and Lucas Bohn for an evening of laughs. Tickets are $22 in advance.

THAT ARENA ROCK SHOW

Saturday, March 18, 8 p.m.

Tally Ho Theater, 19 W. Market St., Leesburg

Details: tallyhotheater.com

You’ll be singing along with arena rock favorites from the 70s and 80s. Tickets are $15.

ROWDY ACRES

Saturday, March 18, 8 p.m.

Monk’s BBQ, 251 N. 21st St., Purcellville

Details: monksq.com

This raucous bluegrass, country rock band plays traditional bluegrass, newgrass, country, classic rock and southern rock–both covers and originals.

MO AND MARY

Sunday, March 19, 1 p.m.

Lost Barrel Brewing, 36138 John Mosby Highway, Middleburg

Details: lostbarrel.com

Mo Safren and Mary Mac share their original indie music magic with Loudoun.

CLARK PEKLO

Sunday, March 19, 2 p.m.

Flying Ace Distillery and Brewery, 40950 Flying Ace Lane, Lovettsville

Details: flyingacefarm.com

Peklo’s repertoire of cool, unexpected covers features a strict No Eagles policy.

KEN WENZEL

Sunday, March 19, 2 p.m. Breaux Vineyards, 36888 Breaux Vineyards Lane, Hillsboro

Details: breauxvineyards.com

Wenzel returns to Breaux with his signature roots-rock, country-jazz take on love, learning and life in America.

ON STAGE

‘LEGENDS AND BRIDGE’

Saturday, March 18, 7 p.m. and Sunday, March 19, 2 p.m.

StageCoach Theatre Company, 20937 Ashburn Road, Suites 115 and 120, Ashburn

Details: stagecoachtc.com

C. Stephen Foster’s campy comedy imagines Bette Davis, Joan Crawford and Judy Garland sharing a New York apartment in their retirement years, plotting a comeback and fighting for top diva status. Tickets are $28 for in-person seats, $25 for a livestream. Performances run weekends through March 26.

Beloved daughter, sister, wife, mother, grandmother and great grandmother, Isabella “Ebo” West Painter Fletcher’s spirit left her earthly body on March 9,2023 to go home to be with the Lord. She was greeted by her husband Tom, son Larry and a host of family and friends.

Born on October 1, 1930, Isabella was a lifelong resident of Taylorstown, Virginia. She lived most of her life, in the house

that she and her husband built. In this small house, full of love, they raised their four children.

An active and lifelong member of the Mt. Pleasant United Methodist, she taught bible school, organized ham and turkey dinners and was well known for her caramel cakes and “church barbecue”.

A favorite past time was crocheting. Each of her grandchildren and great grandchildren received one at birth and upon graduation, as well as others in the community. She also taught the craft to others.

In the summer months, it was not unusual for her to be sitting on the front porch watching traffic and greeting neighbors and friends that would stop by for a visit.

She is survived by her children and their spouses Donald and Karen Fletcher, Teresa and David Gunnell, and Mark A. Fletcher and Donald K. Burgess; grandchildren and great grandchildren Jennifer and Jessie Seaton and son Tanner, Carrie and Carl Sowdon and children Ryan and Evelyn, Thomas and Ashley Gunnell and children Lily and Layla, Brian Fletcher

and fiancée Joy Dooly, and Matthew Gunnell. She is also survived by many nieces and nephews and dear friends.

A visitation will take place on Friday, March 24 from 5:00 – 7:00 pm at Loudoun Funeral Chapel, 158 Catoctin Circle SE, Leesburg, VA 20175.

A Celebration of Life and Witness to the Resurrection will be held on April 2, 2023 at 2:00 pm at Mt. Pleasant United Methodist Church, 13266 Taylorstown Road, Leesburg, Virginia 20176. Interment will be private.

The family wishes to thank those that prayed for and helped during Mom’s journey to her heavenly reward.

In lieu of flowers, the family requests that donations be made to Mt. Pleasant United Methodist church.

Share condolences with the family www.LoudounFuneralChapel.com

Helen Hough Cooper

Helen Hough Cooper, 93 of Lovettsville, Virginia passed away on Saturday, February 25, 2023, at her home in Lovettsville, Virginia. Born Wednesday, January 15, 1930, in Leesburg, Virginia,

she was the daughter of the late Monroe Hough and Myrtle Mock Hough. She was the wife of the late Clifton Cooper. Helen is survived by her daughters, Patricia Riley (Harry Zohn) of Sunset Beach, NC and Stacie Merchant (Mark) of Leesburg, VA. Also included are her granddaughters, Jennifer Marcus, Lauren Constantine, and Lesley Bamford; and four great-grandchildren. She was predeceased by her husband, son, William Riley, brother, James Hough and sister, Lola Alexander. She was an avid Washington Redskins fan, enjoyed square dancing with the Beaux and Belles and playing cards with her husband and friends. The family will receive guests at Zion Lutheran Church on April 22, 2023, from 10:00AM to 11:00AM. A Memorial Service will begin at 11:00AM followed by interment at Lovettsville Union Cemetery. A reception will be held at the New Jerusalem social hall. In lieu of flowers, donations can be made in Helen’s honor to Zion Lutheran Church, 38011 Morrisonville Rd, Lovettsville, VA 20180. Online condolences may be made to the family at www.loudounfuneralchapel.com

Isabella Fletcher

Arts for All

continued from page 20 zinspired to audition because of their love for the movie. The Disney film and familiar characters were an inspiration for 16-year-old Eliza Schoppert, one of the show’s narrators.

“It reminds me of the movie,” Schoppert said. “I love Gaston even though he’s a villain.”

The production features familiar faces from the “Seussical” cast, including Zoe Skuce as Belle who enchanted audiences in her role as Mayzie in “Seussical.” The cast also includes Tyler Bernreuther as the Prince, Asher Kordon as Gaston, Tom Hughes as Lumiere, Elpitha Skuce as Mrs. Potts and the adorable Ryan Desai, who recently starred in A Place to Be’s “The Snow Monster,” as Chip. Loudoun community theater veteran and avid Arts for All supporter Phil Erickson stars as The Beast.

“The thing I like about the role of the beast is the idea of transformation. We all believe that everybody needs a second chance and that people have the capacity to change and to learn humility and genuineness,” Erickson said.

Kennedy Krinigis, 16, who plays a villager in her first role with Arts for All, said she was inspired to audition by the memory of a medically fragile childhood friend who died at a young age.

“I thought this would be a good way to honor her,” Krinigis said. “Everyone here is so accepting and kind, and I really feel like I’m doing a good thing–helping others and doing something I love.”

The production team, spearheaded by the dynamic Barr, is made up almost entirely of women and features new team members, including choreographer Sharon Mercke, a longtime dance instructor in Loudoun, and music director Ashley Gant, a licensed music therapist. Woodgrove High School seniors Zoe Joseph and George Hughes have also returned for their final year as stage managers for the production.

The production coincides with a visual art show from Arts for All’s sister organization DaVinci Arts. The new exhibit “Beauties and Beasties” runs March 14 through March 27 at FPAC’s gallery space, with an artists’ reception Saturday, March 18 at 5 p.m.

Barr, who now works as a programmer for Loudoun’s Parks Recreation and Community Services agency, has longtime ties to the Arts for All. Barr started with the program as an actor as a kid and returned as a director after earning a theater degree.

“I think the community is really excited to see it, and we always like to bring a little touch of magic to the show,” Barr said.

Arts for All’s “Beauty and the Beast Jr.” runs Fridays March 17 and 24 at 7 p.m., Saturdays March 18 and 25 at 7 p.m. and Sundays March 19 and 26 at 3 p.m. at Franklin Park Arts Center. Tickets are $15 for adults, $10 for students and seniors. DaVinci Arts’ exhibit “Beauties and Beasties” runs March 14 through March 27 at FPAC’s gallery space, with an artists reception Saturday, March 18 at 5 p.m. For tickets and information, go to artsforallloudoun.org. n

Legal Notices

PUBLIC HEARING NOTICE

The LOUDOUN COUNTY BOARD OF ZONING APPEALS will hold a public hearing in the BOARD OF SUPERVISORS MEETING ROOM, County Government Center, 1 Harrison Street, S.E., Leesburg, Virginia, on Thursday, March 30, 2023, at 6:00 p.m. to consider the following:

APPL-2022-0004

18679 Woodburn Road - Galuski Accessory Dwelling

John Galuski of Leesburg, Virginia has submitted an application for an appeal of the October 24, 2022, Zoning Administrator determination, ZCOR-2022-0184, which found that the proposed additional accessory dwelling unit in zoning permit application #Z20477420101 violates Sections 5-613(C) and 5-102(C) of the Revised 1993 Zoning Ordinance. The proposed construction constitutes an additional accessory dwelling unit which would exceed the permissible number of accessory dwelling units allowed in an AR-1 (Agricultural Rural) zone, prohibited by Section 5-613(C). In addition, the proposed accessory dwelling unit would be located within a 25-foot yard, prohibited by Section 5-102(C). The subject property is zoned AR-1 (Agricultural Rural-1) under the Revised 1993 Zoning Ordinance and is located partially within the MDOD (Mountainside Development Overlay District) (Somewhat Sensitive and Sensitive Areas). The subject property is approximately 7 acres in size and is located approximately 0.5 mile north of Grove Church Court (Route 1058) on the west side of Woodburn Road (Route 769) addressed as 18671, 18677, and 18679 Woodburn Road, Leesburg, Virginia, in the Catoctin Election District. The subject property is more particularly described as PIN: 311-36-4631.

Full and complete copies of the above-referenced application(s) and related documents may be examined in the Loudoun County Department of Planning and Zoning, County Government Center, 1 Harrison Street, S.E., 3rd Floor, Leesburg, Virginia, from 9:00 a.m. to 4:30 p.m., Monday through Friday, or call (703) 777-0246.

All members of the public will be heard as to their views pertinent to these matters. If any member of the public requires a reasonable accommodation for any type of disability in order to participate in a public meeting, please contact the Office of the County Administrator at 703-777-0200/TTY-711. At least one business day of advance notice is requested; some accommodations may require more than one day of notice.

LOUDOUN COUNTY WILL BE ACCEPTING SEALED COMPETITIVE BIDS/PROPOSALS FOR:

AMERICANS WITH DISABILITIES ACT (ADA) SELF-EVALUATION AND TRANSITION PLAN, RFP No. 570785 until prior to 4:00 p.m., local “Atomic Time”, March 29, 2023.

JANITORIAL SERVICES FOR MENTAL HEALTH, SUBSTANCE ABUSE, & DEVELOPMENTAL SERVICES (MHSADS) RESIDENTIAL FACILITIES, IFB No. 600794 until prior to 4:00 p.m., local “Atomic Time”, April 4, 2023.

TASK ORDER ROADWAY & TRANSPORTATION DESIGN SERVICES FOR FEDERAL PROJECTS, RFP No. 502787 until prior to 4:00 p.m., local “Atomic Time”, April 20, 2023.

TEMPORARY STAFFING SERVICES, RFP No. 598790 until prior to 4:00 p.m., local “Atomic Time”, April 6, 2023.

Solicitation forms may be obtained 24 hours a day by visiting our web site at www.loudoun.gov/procurement. If you do not have access to the Internet, call (703) 777-0403, M - F, 8:30 a.m. - 5:00 p.m.

WHEN CALLING, PLEASE LET US KNOW IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN ORDER TO PARTICIPATE IN THIS PROCUREMENT.

3/16/23

Nan M. Joseph Forbes, Chairman 3/16 & 3/23/23

Alexis Gustin/Loudoun Now

The entire ensemble of Arts for All Loudoun gather for a picture after rehearsing “Beauty and the Beast Jr.”

Town of Leesburg

Employment Opportunities

Please visit www.leesburgva.gov/jobs for more information and to apply online.

Resumes may be submitted as supplemental only. EOE/ADA.

Domestic Violence Program Coordinator

The Laurel Center, Winchester, VA

Salary - $75,000/year

The Domestic Violence Program Coordinator oversees the day-today operations of the domestic violence program including the 24-hour emergency shelter and 24-hour hotline services. The Coordinator provides supervision, training, and leadership to the domestic violence program staff. This position is responsible for reviewing, evaluating, and making program adjustments as part of continuous quality improvement of the domestic violence program. Foster community relations and promote the visibility of the program through participation with community-based service organizations and projects; speak before groups to promote interest and support; work with staff to develop other public awareness activities. Experience with grant writing, implementation, monitoring and reporting.

To review Ida Lee (Parks & Recreation) flexible part-time positions, please visit www.leesburgva.gov/jobs. Most positions will be filled at or near the minimum of the range. Dependent on qualifications. All Town vacancies may be viewed on Comcast Cable Channel 67 and Verizon FiOS Channel 35.

Construction Project Manager/Project Engineer

Meridien Group, LLC is seeking a motivated, qualified individual to handle all aspects of construction project management. Duties include Preparing, scheduling, coordinating and monitoring the assigned projects. Monitoring compliance to applicable codes, practices, QA/QC policies, performance standards and specifications.

Interacting daily with the clients to interpret their needs and requirements and representing them in the field.

We are looking for an accountable project engineer/project manager to be responsible for all engineering and technical disciplines that projects involve. You will schedule, plan, forecast, resource and manage all the technical activities aiming at assuring project accuracy and quality from conception to completion.

Qualifications

• BS degree in Engineering/Construction Management or relevant field

• Prior federal government project experience is preferred, but not required

• Entr y-level/mid-level Position

Contact Info:

Katherine Hicks

305 Harrison Street STE 100

Leesburg, VA 20175

Send Resume to: khicks@meridiengroupllc.com (703) 777-8285

Qualifications: Completion of a Master’s or Bachelor’s Degree program in a human services field with five years of supervisory and grants management experience preferred. Knowledge of domestic violence and/or trauma and its impact on the victim and family. Knowledge of community service agencies and willingness to become part of service planning and delivery.

Benefits: 401(k), health, dental, vision, life, generous paid time off to include holidays, sick and annual leave

To apply, please send resume to s.harris@tlc.ngo

Legal Notices

PUBLIC HEARING

The LOUDOUN COUNTY PLANNING COMMISSION will hold a public hearing in the Board of Supervisors’ Meeting Room on the first floor of the County Government Center, 1 Harrison Street, S.E., Leesburg, Virginia, on Tuesday, March 28, 2023, at 6:00 p.m. to consider the following:

ZMAP-2021-0010, ZMOD-2021-0039, ZMOD-2021-0040, ZMOD-2022-0002, ZMOD-2022-0003, ZMOD-2022-0072, ZMOD-2023-0004 & SPEX-2022-0025

DOGWOOD FARM STATION

(Zoning Map Amendment, Zoning Modifications, & Special Exception)

U.S. Home Corporation, of Chantilly, Virginia, and the Loudoun County Board of Supervisors of Leesburg, Virginia, have submitted applications for the following:

1) a Zoning Map Amendment to rezone approximately 20.05 acres from A-3 (Agricultural-Residential) zoning district under the Revised 1993 Zoning Ordinance to the R-24 (Townhouse/Multifamily) zoning district under Affordable Dwelling Unit regulations of the Revised 1993 Zoning Ordinance in order to develop up to 505 multifamily units at a density of 26 dwelling units per acre; and 2) a Special Exception to permit a Child Care Center use in the R-24 zoning district. These applications are subject to the Revised 1993 Zoning Ordinance. The proposed Special Exception use is listed under Section 3-704(A) pursuant to the additional regulations of Section 5-609. The applicant also requests the following Zoning Modifications:

ZONING ORDINANCE SECTION PROPOSED MODIFICATION

§1-205(A), Interpretation of Ordinance Limitations and Methods for Measurements of Lots, Yards and Related Terms, Lot Access Requirements.

§3-702(A), R-24 Multifamily Residential, Size and Location, Abutting arterials and major collectors.

§3-707(B), R-24 Multifamily Residential, Building Requirements, Building Height.

§3-710(A), R-24 Multifamily Residential, Development Setback and Access from Major Roads, Private Streets.

§5-1102(E), Off-Street Parking and Loading Requirements, Number of Parking and Loading Spaces Required, Table 5-1102

Parking Spaces Required

§5-1403(B), Landscaping, Buffer Yards, Screening, and Landscape Plans, Road Corridor Buffers and Setbacks, Road Corridor Buffer and Setbacks Matrix, Table 5-1403(B)

To permit structures requiring a building permit to be erected upon a lot that has frontage on open space.

To allow access to Riverside Parkway (Major Collector Road) from existing Bonnie Court (Local Road) and Garden Center Court (Local Road).

To increase R-24 maximum building height from 45 feet to 70 feet without being setback from streets or lot lines one foot for each additional one foot of height.

To permit an internal private street to serve a childcare center.

To permit a reduction in the amount of parking spaces required for two or more bedroom units in the Multifamily Attached Affordable Housing Unit building from 2 and 2.5 parking spaces per dwelling unit to 1.3 parking spaces per dwelling unit.

To reduce building setback from Riverside Parkway from 75 feet to 40 feet.

To reduce the Route 7 building setback from 200 feet to 150 feet and the parking setback from 125 feet to 100 feet.

The subject property is located within the AI (Airport Impact) Overlay District, between the Ldn 60-65 airport noise contour. The subject property is approximately 20.05 acres in size and is located north of Leesburg Pike (Route 7), west of Bonnie Court (Route 823), and south of Riverside Parkway (Route 607) in Ashburn, Virginia, in the Algonkian Election District. The subject property is more particularly described as:

REQUEST FOR WITHDRAWAL OF LAND BELONGING TO BRADLEY AND TANDY BONDI FROM THE BEAVERDAM VALLEY AGRICULTURAL AND FORESTAL DISTRICT

Pursuant to Virginia Code §15.2-4314 and the Beaverdam Valley Agricultural and Forestal District Ordinance, Bradley and Tandy Bondi, of 21398 Willisville Road, Bluemont, Virginia, have submitted an application to withdraw a 144.89-acre parcel and a 141.315-acre parcel from the Beaverdam Valley Agricultural and Forestal District. The subject property is located on the east side, of Willisville Road (Route 623) and north of Welbourne Road (Route 743), in the Little River Election District. The subject property is more particularly described as PINs: 641-26-1214 and 641-37-2761. The Beaverdam Valley Agricultural and Forestal District currently has a 4-year period that will expire on June 19, 2026, and is subject to a subdivision minimum lot size of 50 acres.

In accordance with Section 15.2-4307 of the Code of Virginia, the applications may be examined by request at the Loudoun County Government Center, Information Desk, 1st Floor, 1 Harrison Street, S.E., Leesburg, Virginia, from 8:30 a.m. to 4:30 p.m., Monday through Friday, or by calling 703-777-0246 (option 5) to request hard copies or electronic copies or electronically at: https://www.loudoun.gov/adac (1-30-2023 ADAC Meeting under Agendas and Bylaws). Documents also may be viewed and downloaded electronically 72 hours in advance of the public hearing at: https://www.loudoun.gov/pc (for Public Hearing documents, follow the link for Public Hearings Packet).

SPEX-2022-0041

TOPGOLF LIGHTING

(Special Exception)

(Modify Existing Conditions of Approval)

TopGolf USA Dulles, LLC of Dallas, Texas, has submitted an application for a Special Exception to modify the conditions of approval and special exception plat associated with SPEX-2014-0030 and SPEX-2014-0031 in order to disallow the use of pole lighting and instead allow the use of 16 golf ball tracer lights to be installed in existing driving bays. The subject property is located within the Airport Impact (AI) Overlay District outside of but within one (1) mile of the Ldn 60 aircraft noise contours and located within the Route 28 Taxing District. The subject property is approximately 12.79 acres in size and is located on the south side of Leesburg Pike (Route 7), north side of Russel Branch Parkway (Route 1061) and east of Loudoun County Parkway (Route 607) at 20356 Commonwealth Center, Ashburn, Virginia, in the Broad Run Election District. The subject property is more particularly described as PIN: 039-16-2406. The area is governed by the policies of the Revised General Plan (Suburban Policy Area (Suburban Mixed Use Place Type)), which designates this area for compact, pedestrian-oriented environment consisting of a mix of residential, commercial, entertainment, cultural, and recreational uses at up to 1.0 Floor Area Ratio (FAR).

CMPT-2022-0006

LEESBURG SOUTH FIRE & RESCUE STATION #28 (Commission Permit)

The Loudoun County Board of Supervisors has submitted an application for Commission approval to permit the construction of a 25,600 square foot fire and rescue station in the AR-1 (Agriculture Rural - 1) zoning district. This application is subject to the Revised 1993 Zoning Ordinance and the proposed uses require a Commission Permit in accordance with Section 6-1101. The subject property is located within the Reservoir Protection Area and Steep Slopes Overlay District. The subject property is approximately 29.32 acres in size and is located on the west side of Evergreen Mills Road (Route 621), north side of Marcum Farm Court (Route 881), and the south side of The Woods Drive (Route 771), at 21447 Evergreen Mills Road Leesburg, Virginia in the Little River Election District. The subject property is more particularly described as PIN: 279-49-2419. The area is governed by the policies of the Loudoun County 2019 General Plan (Rural Policy Area (Rural North)) which designate this area for agricultural, agricultural supportive, and limited residential uses at a recommended density of up to one dwelling unit per 20 acres or one dwelling unit per five acres equivalent for optional residential clustering in large-lot subdivisions.

SPEX-2022-0012 & ZCPA-2022-0007

BELMONT CHASE II COMMERCIAL

(Special Exception and Zoning Concept Plan Amendment)

The area is governed by the policies of the Loudoun County 2019 General Plan (Suburban Policy Area (Suburban Mixed Use Place Type)) which designate this area for compact, pedestrian-oriented environments with opportunities for a mix of Residential, Commercial, Entertainment, Cultural, and Recreational uses at a Floor Area Ratio of up to 1.0.

Regency Centers Acquisitions LLC of Jacksonville, Florida, has submitted applications for the following: 1) a Special Exception to develop an automobile service station with carry-out restaurant in the PDCC(CC) (Planned Development – Commercial Center (Community Center)) zoning district; and 2) a Zoning Concept Plan Amendment to revise proffer language relating to the specific location of outdoor amenities. These applications are subject to the Revised 1993 Zoning Ordinance, and the proposed automobile service station is listed as a Special Exception use under Section 4-204(B)(2). The subject property is located within the AI (Airport Impact) Overlay District, outside of but within one (1) mile of the Ldn 60 aircraft noise contours. The subject property is approximately 4.7 acres in size and is located

Legal Notices

south of Leesburg Pike (Route 7), east of Claiborne Parkway (Route 901), and north of Russell Branch Parkway (Route 1061), in the Broad Run Election District. The subject property is more particularly described as PIN: 083-27-7956. The area is governed by the policies of the Loudoun County 2019 General Plan (Suburban Policy Area (Suburban Mixed Use Place Type)), which supports Retail and Service Commercial uses at a Floor Area Ratio (FAR) of up to 1.0.

Unless otherwise noted above, full and complete copies of the above-referenced amendments, applications, ordinances and/or plans, and related documents may be examined in the Loudoun County Department of Building and Development, County Government Center, 1 Harrison Street, S.E., 2nd Floor, Leesburg, Virginia, from 9:00 AM to 4:30 PM, Monday through Friday or call 703-777-0220, or electronically at www.loudoun.gov/lola. This link also provides an additional opportunity for public input on active applications. Additionally, documents may be viewed and downloaded electronically the week before the hearing at www.loudoun.gov/pc. For further information, contact the Department of Planning and Zoning at 703-777-0246.

Citizens are encouraged to call in advance to sign up to speak at the public hearing. If you wish to sign up in advance of the hearing, please call the Department of Planning and Zoning at 703777-0246 prior to 12:00 PM on the day of the public hearing. Speakers may also sign up at the hearing. Written comments are welcomed at any time and may be sent to the Loudoun County Planning Commission, 1 Harrison Street, S.E., 3rd Floor, MSC #62, Leesburg, Virginia 20175, or by e-mail to loudounpc@loudoun.gov. If written comments are presented at the hearing, please provide ten (10) copies for distribution to the Commission and the Clerk’s records. All members of the public will be heard as to their views pertinent to these matters. Any individual representing and/or proposing to be the sole speaker on behalf of a citizen’s organization or civic association is encouraged to contact the Department of Planning and Zoning prior to the date of the public hearing if special arrangements for additional speaking time and/or audio-visual equipment will be requested. Such an organization representative will be allotted 6 minutes to speak, and the Chairman may grant additional time if the request is made prior to the date of the hearing and the need for additional time is reasonably justified.

Citizens are encouraged to call the Department of Planning and Zoning on the day of the public hearing to confirm that an item is on the agenda, or, the most current agenda may be viewed on the Planning Commission’s website at www.loudoun.gov/pc. In the event that the second Thursday is a holiday, or the meeting may not be held due to inclement weather or other conditions that make it hazardous for members to attend, the meeting will be moved to the third Tuesday of the month. In the event that Tuesday is a holiday, or the Tuesday meeting may not be held due to inclement weather or other conditions that make it hazardous for members to attend, the meeting will be held on the following Thursday. The meeting will be held at a place determined by the Chairman.

Hearing assistance is available for meetings in the Board of Supervisors’ Meeting Room. FM Assistive Listening System is available at the meetings at all other locations. If you require any type of reasonable accommodation as a result of a physical, sensory or mental disability to participate in this meeting, contact the Department of Planning and Zoning at 703-777-0246. Please provide three days’ notice.

BY ORDER OF: MICHELLE FRANK, CHAIR LOUDOUN COUNTY PLANNING COMMISSION

TOWN OF LEESBURG NOTICE OF PUBLIC HEARING

SETTING TAX RATES ON REAL PROPERTY AND CERTAIN PERSONAL PROPERTY FOR TAX YEAR 2023 AND AMENDING LEESBURG TOWN CODE, APPENDIX B – FEE SCHEDULE (SECTION 20-22)

In accordance with the Code of Virginia of 1950, as amended §§ 15.2-1427, 58.1-3000, 58.1-3007, 58.1-3200 et seq., and 58.1-3500, et seq., the Leesburg Town Council will hold a public hearing on: Tuesday, March 28, 2023, at 7:00 P.M. in the Council Chambers of Town Hall, 25 West Market Street, Leesburg, VA.

at which time the public shall have the right to present oral and written testimony on the following proposed amendments to the Leesburg Town Code:

• The Town Manager proposes a one cent increase to tax rates for real property for tax year 2023 ($0.1874 per $100 of assessed value)

• Appendix B – Fee Schedule, Sec. 20-22(a):

ᴏ Real estate; manufactured or mobile homes = $0.1874 per $100 of assessed value

ᴏ Real estate; tangible personal property for public service corporations (excluding aircraft and motor vehicles) = $0.1874 per $100 of assessed value

The Town Manager’s proposed Fiscal Year 2024 budget is based on a real property tax rate of $0.1774 per $100 assessed value.

Copies of the proposed ordinance are available for public examination prior to the public hearing in the office of the Clerk of Council at Town Hall, 25 West Market Street, Leesburg, VA, during normal business hours. For more information about the ordinance, please contact Clark G. Case, Director of Finance and Administrative Services at 703-771-2720.

Persons requiring reasonable accommodations are requested to contact Eileen Boeing, Clerk of Council at 703-771-2733, three days in advance of the public hearing. For TTY/TTD services, use the Virginia Relay Center by dialing 711.

3/16/23, 3/23/23

ORDER OF PUBLICATION

COMMONWEALTH OF VIRGINIA

VA CODE §§ 1-211.1; 8.01-316, -317, 20-104

Case No. CL-22-6446

LOUDOUN COUNTY CIRCUIT COURT 18 East Market St., Leesburg, VA 20176

Commonwealth of Virginia, in re

3/9 & 3/16/23

TOWN OF LOVETTSVILLE TOWN COUNCIL

NOTICE OF PUBLIC HEARING

LVZA 2022-0003

AMENDMENTS TO CHAPTER 42, ZONING, ARTICLE 42-VI (Residential Districts), Division 42-VI-3 (Specific Districts) and ARTICLE 42-VII (Commercial and Light Industrial Zoning Districts)

The LOVETTSVILLE TOWN COUNCIL will hold a public hearing on Thursday, March 23, 2023, at 6:30pm in the Town Council Chambers, 6 E. Pennsylvania Avenue, Lovettsville, Virginia, to consider the following amendments to the Lovettsville Zoning Ordinance:

• Sections 42-233 (CRA-1), 42-258 (C-1 Community Commercial District), Section 42-259 (C-2 Mixed Use Business District), and Section 42-260 (CI-1 Commercial and Limited Industrial/Flex District): modify uses to increase protection for the Town’s water supply by requiring legislative review of commercial uses that may include the storage, distribution, or sale of herbicides, pesticides, petroleum products or other hazardous or toxic materials.

• Section 42-257 (Purpose; Specific Requirements for All Districts): regulate the storage of hazardous and toxic materials within 1,000 feet of a Town well.

All persons desiring to speak will be given an opportunity to do so at this meeting.

Written comments regarding this item can be submitted to clerk@lovettsvilleva.gov by 3:00PM on the day of the meeting. Members of the public may access and participate in this meeting electronically. The proposed zoning amendments are available for review on the Town’s website at: www.lovettsvilleva. gov/government/planning-commission/ You may also request a copy be sent to you via email by contacting John Merrithew, Planning Director at (540) 822-5788 between the hours of 8:30am and 4:30pm weekdays, holidays excepted. In the event the meeting is postponed, the public hearing will be convened on the next regularly scheduled meeting at the same time and place.

NAME CHANGE OF MARLON JAHELL FRANCO ECHEVERRIA

JAQUELINE ECHEVERRIA RIVAS V.

MARLON ANTONIO FRANCO, FATHER

The object of the suit is to: Change legal name of minor.

It is ORDERED that Marlon Antonio Franco appear at the above-named court and protect his interests on or before April 28, 2023 at 9:00 AM

3/16, 3/23, 3/30 & 4/6/23

ORDER OF PUBLICATION

COMMONWEALTH OF VIRGINIA

VA. CODE § 8.01-316

Case No.: JJ046150-04-00

Loudoun Juvenile and Domestic Relations District Court

Commonwealth of Virginia, in re Marjorie Cruz

Loudoun County Department of Family Services

Endenilson Alavarado, putative father & Unknown Father

ORDER OF PUBLICATION

COMMONWEALTH OF VIRGINIA

VA. CODE § 8.01-316

Case No.: JJ046340-03-00

Loudoun Juvenile and Domestic Relations District Court

Commonwealth of Virginia, in re Zarabella Tucker

Loudoun County Department of Family Services

/v.

Jason Tucker, putative father

The object of this suit is to hold a permanency planning hearing and review of Foster Care Plan pursuant to Virginia Code §§ 16.1-282.1 and 16.1-281 for Zarabella Tucker.

It is ORDERED that the defendant Jason Tucker, putative father, appear at the abovenamed Court and protect his or her interests on or before April 26, 2023 at 3:00 PM 3/16, 3/23, 3/30 & 4/6/23

The object of this suit is to hold a permanency planning hearing and review of Foster Care Plan pursuant to Virginia Code §§ 16.1-282.1 and 16.1281 for Marjorie Cruz.

It is ORDERED that the defendant Endenilson Alavarado, putative father, and Unknown Father appear at the above-named Court and protect his or her interests on or April 11, 2023 at 2:00 p.m. 3/2, 3/9, 3/16 & 3/23/23

Legal Notices

ABC LICENSE

Badeer Fahmy trading as CNB Cut LLC, 2350 Overhand Dr. Suite 126, Sterling, Virginia 20166.

The above establishment is applying to the VIRGINIA AlCOHOLIC BEVERAGE CONTROL (ABC) AUTHORITY for a Marketplace license to sell or manufacture alcoholic beverages.

Badeer Fahmy, Owner

Note: Objections to the issuance of this license must be submitted to ABC no later than 30 days from the publishing date of the first of two required newspaper legal notices. Objections should be registered at www.abc.virginia.gov or 800-552-3200.

3/9 & 3/16/23

PUBLIC NOTICE INVITATION FOR BID (IFB)

The Town of Leesburg will accept bids electronically via the Commonwealth’s e-procurement website (www.eva.virginia. gov), until 3:00 p.m. on April 13, 2023 for the following:

IFB NO. 23004-FY23-45

LEESBURG EXECUTIVE AIRPORT NORTH APRON PAVING

The Town is soliciting bids from qualified contractors to provide construction services, including, but not limited to full depth reclamation (12-inches), removal of excess material, placement of chip seal and fabric, asphalt placement, maintenance of traffic (on airport), miscellaneous demolition, pavement marking, spall repairs, underdrain installation and all incidentals related thereto to complete all of the construction work

For additional information, visit: http://www.leesburgva.gov/bidboard

3/16/23

PUBLIC NOTICE INVITATION FOR BID (IFB)

KENNETH B. ROLLINS WATER FILTRATION PLANT (WFP) ULTRAVOILET (UV) DISINFECTION SYSTEM

The Town of Leesburg will accept sealed bids electronically via the Commonwealth’s e-procurement website (www.eva.virginia. gov), until 2:00 p.m. on Thursday, April 13, 2023, for the following:

IFB NO. 500630-FY23-43

KENNETH B. ROLLINS WATER FILTRATION PLANT (WFP) ULTRAVIOLET (UV) DISINFECTION SYSTEM

Work includes furnishing and installing UV reactors on each of the four WFP filter effluent piping; flow conditioners; Ultraviolet Transmittance (UVT) analyzers; and associated mechanical, electrical, controls, structural work, and all incidentals related thereto to complete the project.

For additional information, visit: http://www.leesburgva.gov/bidboard

3/16/23

ATTENTION NONPROFIT ORGANIZATIONS IN LOUDOUN COUNTY

Nonprofit organizations seeking exemption from Loudoun County real and/or personal property taxes for the 2024 tax year may file an application with the Office of the Commissioner of the Revenue by the April 3, 2023 deadline. Most charitable nonprofit organizations are not automatically exempt from local property taxes in the Commonwealth, even those that may be exempt from federal income taxes. The filing of an application with the Commissioner of the Revenue is the necessary first step to obtaining a local real estate or personal property tax exemption. Completed applications should be returned to the Commissioner of the Revenue with a postmark by April 3, 2023, for consideration this year. Any exemption, if granted, would be effective January 1, 2024.

Applications are available online at loudoun. gov/cor. For information or assistance, please contact my office at trcor@loudoun.gov or 703-737-8557 weekdays 8:30 AM to 5:00 PM.

Robert S. Wertz, Jr. Commissioner of the Revenue Loudoun County

Leesburg Office 1 Harrison Street SE First Floor

Sterling Office Loudoun Tech Center 46000 Center Oak Plaza

Mailing Address: PO Box 8000, MSC 32

Leesburg, VA 20177-9804

Phone: 703-737-8557

Email: trcor@loudoun.gov 3/2,

&

VIRGINIA:

IN THE CIRCUIT COURT OF THE COUNTY OF LOUDOUN

RE: ESTATE OF LUIS E. PEDEMONTE, Deceased

COURT FILE NO. CLOOW16322

SHOW CAUSE ORDER

It appearing to the Court that the report of the accounts of Laura Greene Moldowan, Administrator of the Estate of Luis E. Pedemonte, and of the debts and demands against the estate has been filed in the Clerk's office and that six months have elapsed since the qualification, and upon motion of the Administrator, IT IS Ordered that the creditors of, and all others interested in, the above estate show cause, if any they can, on the 17th day of March, 2023, at 9:30 A.M. before this Court by remote teleconference, against the payment and delivery of the estate to the distributees without requiring refunding bonds.

3/9 & 3/16/23

PUBLIC HEARING NOTICE

MIDDLEBURG PLANNING COMMISSION

The Middleburg Planning Commission will hold a public hearing beginning at 7:00 p.m. on Monday, March 27, 2023, to hear public comments on the following:

SD 23-01 - Request of Foxstone Estate, LLC for approval of the preliminary and final plat of subdivision for two lots at 22941 Foxcroft Road (PIN 537-36-2094) zoned Agricultural Rural-2 (AR-2).

The land is located on the west side of Foxcroft Road, generally opposite Polecat Hill Road. The proposal is to divide the existing 94.48-acre parcel into two lots. The subject land is wholly outside the corporate limits of the Town of Middleburg; the majority of the land is within the Town’s extraterritorial Subdivision Control Area.

The hearing will take place at the Town Office, 10 W. Marshall Street, Middleburg, Virginia. The file for the application may be reviewed online at www.middleburgva.gov/313/Public-Hearings or in the Town Office from 8:30 a.m. to 4:30 p.m., Monday through Friday, holidays excepted. Questions may be directed to Deputy Town Manager Will Moore at (540) 687-5152 or by email at wmoore@ middleburgva.gov

The Town of Middleburg strives to make its hearings accessible to all. Please advise of accommodations the Town can make to help you participate in the hearing.

3/16/23

Loudoun County Public Schools Community Information Meetings on Future School Facility Projects

Loudoun County Public Schools (LCPS) Department of Support Services continues to schedule monthly community meetings to share information on funded, planned and proposed school capital projects. By design and to focus the discussion and public involvement, each community meeting will spotlight a specific geographic area of Loudoun County. The March and April meetings will highlight LCPS’ Dulles South and Dulles North planning districts, respectively. Additional community meetings for other areas of the county will be scheduled and announced.

Date & Time Auditorium of Meeting Spotlight

Wednesday, March 22, 2023 6:00 p.m.

Thursday, April 20, 2023 6:00 p.m.

Mercer Middle School (42149 Greenstone Drive, Aldie)

Brambleton Middle School (23070 Learning Circle, Ashburn)

Dulles South Area

(General Description: North of Prince William County, East of Town of Middleburg, South of Rt 50, West of Fairfax County)

Dulles North Area

(General Description: North of Rt 50, East of Goose Creek, South of Rt 267, West of Rt 28)

Following each meeting, the presentation will be posted on the LCPS website, at https://www.lcps.org/ Page/81470.

Those who need translation/interpretation assistance or a reasonable accommodation for any type of disability in order to participate meaningfully in the community meetings should contact the Support Services office at least three (3) days prior to the specific meeting.

Kevin L. Lewis, Chief Operations Officer

Loudoun County Public Schools

Department of Support Services

21000 Education Court

Ashburn, Virginia 20148

Telephone: 571-252-1385

Email: LCPSPLAN@LCPS.ORG

3/9/23 – 4/20/23

Legal Notices

TOWN OF LOVETTSVILLE NOTICE OF PUBLIC HEARING

ON THE PROPOSED 2023 TAX RATES AND SCHEDULE OF FEES FOR FISCAL YEAR JULY 1, 2023 - JUNE 30, 2024

Pursuant to Sections 15.2-107, 15.2-1427, 15.2-2111, 15.2-2119, 15.2-2122, and 15.2-2143 of the Code of Virginia, 1950, as amended, the LOVETTSVILLE TOWN COUNCIL will hold a public hearing on March 23, 2023 at 6:30pm in the Town Council Chamber, 6 E. Pennsylvania Avenue, Lovettsville, Virginia at which time the public shall have the right to provide written and oral comments on the Town’s proposed schedule of fees for tax year 2023 and fiscal year July 1, 2023 to June 30, 2024.

All persons desiring to speak will be given an opportunity to do so at this meeting.

Copies of the proposed budget are available on the Town website and are available for review at the Town Hall between the hours of 8:30am and 4:30pm weekdays or by special appointment, holidays excepted. Call 540-822-5788 for more information or visit www.lovettsvilleva.gov. In the event the meeting is cancelled, the public hearing will be convened at the next regular scheduled meeting at the same time and place.

GENERAL FUND

Real Estate Tax (per $100 assessed value) $0.1625 (Elderly/Disabled Real Estate Tax discount is 100% for qualifying residents)

Meals Tax 3% on gross receipts Cigarette Tax $0.40 per pack Transient Occupancy Tax 5% of gross receipts

License Tax $25.00 per car/truck/motorcycle

Facilities Use Permit $25.00 In-Town Rate $50.00 Out-of-Town Rate

No charge for work valued under $25,000.00 annually; Fee of $30.00 plus a tax of $0.16/$100 for gross receipts over $25,000.00

Permit – Minor $75 Zoning Permit – Major $150 Pool Permit (Fence Included) $75

Zoning Determination Letter $75

Demolition Permit $0

Rezoning/Zoning Map Amendment** $750 FOR FIRST ACRE + $250 FOR EACH ADDITIONAL ACRE

Proffer Amendment $500

Ordinance Amendment** $150 Home Occupancy Permit $75

Zoning Certificate $75

Sign Permit – Permanent (UP TO 3 SIGNS) $75

Sign Permit – Temporary (PER SIGN) $25

Preliminary Plat $300 + $15 PER LOT

Preliminary Plat Amendment $250

Final Plat $500 + $25 PER LOT

Final Plat Amendment $250

Boundary Line Adjustment $250

Minor Subdivision Plan/Plat $300 + $15 PER LOT

Preliminary Site Plan $1,000+ $50 PER ACRE

APPLICATION FEES

Final Site Plan $1,000 FOR FIRST ACRE + $50 FOR EACH ADDITIONAL ACRE

Preliminary/Final Site Plan $1,000 FOR FIRST ACRE + $50 FOR EACH ADDITIONAL ACRE

Conditional Use Permit** $350

Subdivision/Site Plan Exception* $100 PER SECTION VARIED

Comprehensive Plan Amendment $2,500

Occupancy Permit $75

Bond Reduction (PER REDUCTION) $100

Bond Release $150

VDOT Street Acceptance $150

Variance/Appeal* $100

Subdivision/Site Plan Engineering & Legal Consultant Review Deposit Fee** $3,000

Comprehensive Plan (Document) $40

Notes:

* Additional charges for advertising and/or adjacent property owner notification will be billed to the applicant. (Applicants are responsible for all base fees as well as any engineering or Town Attorney Review Costs)

** As required by Section 30-37 of the Town Code for subdivision construction drawings and development site plans. If actual costs differ from amount deposited, the excess shall be paid by the applicant to the Town or difference refunded to the applicant, as applicable. FREEDOM

Cost for staff time to research and respond to FOIA requests will be based on the hourly rate of the appropriate staff member(s) responding to the request. For more information, see the Town of Lovettsville Freedom of Information Act Policy and FOIA Request Form.

UTILITIES FUND

FEES

CONTINUED ON NEXT PAGE

Legal Notices

Fire Sprinkler Fee for facilities with a fire sprinkler system connected to Town Water:

gallons, plus $75 transaction

/

A minimum rate applies to all water and sewer accounts after the minimum billed usage and an additional dollar amount is applied per 1,000 gallons and includes a 3% increase in residential 5/8 & 3/4 meter sizes, as well as rates for non-residential and other size water meter connections.

$72.57

2 $81.07 $83.50

3 $102.29 $105.36

4 $112.90 $116.29 WATER AND SEWER INSPECTION FEES

Inspection

$1.90 x linear foot of Water Main + $2.15 x linear foot of Sewer Main + $300 for Beneficial Use Inspection + $300 Final Inspection

Lateral Inspection Fee $150 per connection- charged with Zoning Permit for the building Line Record Drawing Fee $1,350 + $1.25/linear foot of Water Main + $1.50/linear foot of Sewer Main

Water Modeling Fee Engineering Reimbursable- cost to update water model to include new water lines and provide required information to VDH for their review and approval; component of Engineering Deposit.

Hydrant Flow Test Fee $100 + provide needed testing equipment

Lateral Upgrade Fee $100 + Cost of meter (when existing connection upgrades to a larger size meter)

NOTICE TO CREDITORS AND CLAIMANTS OF ATLANTIC COUNSELING GROUP, LLC

Take notice that Atlantic Counseling Group, LLC, a Virginia limited liability company, is in the process of dissolving pursuant to Va. Code Ann. § 13.1-1046 and related sections. Claims against the limited liability company may be presented by a notice containing a description of the claim and the amount claimed and addressed to the following: Atlantic Counseling Group, LLC, 8300 Arlington Blvd Ste B2, Fairfax, VA 22031. Any claim against the dissolved limited liability company will be barred unless a proceeding to enforce the claim is commenced prior to the earlier of the expiration of any applicable statute of limitations or three years after the date of publication of the notice.

3/16/23

*** Upgrades from a smaller meter size will equal the difference between the new availability fee and the current availability worth of the existing meter size.

These actions are authorized by the Code of Virginia §15.2-2111 - §15.2-2143 & §15.2-2111 - 15.22119

$30.00 bank charge for all returned checks

NOTICE OF IMPOUNDMENT OF ABANDONED VEHICLES

This notice is to inform the owner and any person having a security interest in their right to reclaim the motor vehicle herein described within 15 days after the date of storage charges resulting from placing the vehicle in custody, and the failure of the owner or persons having security interests to exercise their right to reclaim the vehicle within the time provided shall be deemed a waiver by the owner, and all persons having security interests of all right, title and interest in the vehicle, and consent to the sale of the abandoned motor vehicle at a public auction. This notice shall also advise the owner of record of his or her right to contest the determination by the Sheriff that the motor vehicle was “abandoned,” as provided in Chapter 630.08 of the Loudoun County Ordinance, by requesting a hearing before the County Administrator in writing. Such written request for a hearing must be made within 15 days of the notice.

Title IX

continued from page 1

website. There are five terms that are used when deciding if someone’s behavior fits within the definition of Title IX sexual harassment under the 2020 regulations according to Moy—quid pro quo (where an employee gives something to a student in exchange for unwelcome sexual contact), sexual assault, dating violence, domestic violence and stalking. Moy also said hostile environment is looked at as well. “This is where the unwelcome conduct is determined by a reasonable person to be so severe and pervasive and objectionably offensive,” that it denies equal access to someone’s education, he said.

Moy said about 90% of what comes through his office doesn’t meet the threshold.

In March 2022, shortly after the division beefed up its office, the Hardings’ daughter and two other students brought allegations of sexual harassment and inappropriate touching by a teacher.

The Hardings said their initial communication with the Title IX office was to get absences excused for their daughter, who was struggling to leave her room after sharing what had happened. They were told they could open a Title IX investigation, but Tumay said she knew her daughter wasn’t ready for that, and they decided to wait.

Eventually, they were contacted by the Department of Human Resources and Talent Development about opening an investigation based on their daughters’ allegations. Tumay agreed to have her daughter interviewed by the HRTD staff and said when they arrived, they were introduced to Moy and one of the Title IX investigators.

Tumay said they felt ambushed and said they had only agreed to the interview with human resources but were told that “Title IX trumps HR,” and felt like they had to answer questions.

Within the school division, the Title IX Coordinator reports to the chief human resources officer, but conducts its own investigations, according to division Media and Community Relations Coordinator Daniel Adams.

“In cases where there is both a Title IX investigation and an HR investigation, the Title IX investigator would oversee the overall investigation,” he said.

“We were happy to work with human resources but had an immediate reservation with how Title IX was engaging us because our gut feeling was, they were just focused on protecting LCPS,” Jason said.

A few months after going through the

interview, the Hardings and the other families learned a case was never opened or investigated. They were told there was no evidence to open an investigation and it didn’t apply to Title IX.

The three families appealed the decision and asked for a formal investigation. A third-party decision maker reviewed the appeal and granted it based on two of three grounds: procedural irregularity that affected the outcome, and new evidence that was made available.

A Title IX investigation was conducted, and the findings shared with not only the three girls and their families but also with the teacher facing the allegations. That is standard for Title IX investigations, according to Moy.

After months of waiting, the families learned their claims were found unsubstantiated. The families filed another appeal and learned in February their appeal was denied for a final time.

The Hardings said they felt like the whole process started wrong, and that they were guinea pigs as the new office was being used for the first time.

Jason compared it to a corrupt insurance company that denies all claims.

“We brought a very straightforward claim to them when our daughter and her friends came forward, and they almost immediately rejected it,” he said.

They said from the ambush interview to inconsistent and sometimes wrong information they were given from the Title IX office about policies that didn’t apply or sometimes didn’t exist, to Virginia code sections that didn’t apply to their case, to being told security camera footage wasn’t looked at before it was erased, they became concerned their case was being swept under the rug and that the new office was no

fine-tooth comb,” Jason said. “We were placed in a situation where we were on the fly trying to figure it out, we had a tight deadline, and we were trying to figure out what was wrong and what was right. We shouldn’t have been put in that situation and no other person should in the future.”

Moy said when he does an investigation, he is only looking at it through the lens of Title IX and its parameters and policy within the division and said other policies in human resources may apply in other cases.

“Title IX has a higher threshold of sexual harassment,” Moy said. “Someone could be found not responsible under Title IX, but responsible under a human resource policy and they are certainly going to take disciplinary measures and they may consider past history in what is going on.”

better than the old one.

Tumay said other than the interview with human resources in which Title IX participated, they were never properly interviewed by the office. She said the investigation used the testimony given at that meeting for all three girls, which confused her because she said at the time, they were told multiple times Title IX and human resources don’t work together.

“In hindsight, I think [human resources] would agree things should have not panned out like that. We felt like through the whole process, things should have been done differently,” Jason said. “No one has come out and explicitly apologized for the missteps, but we’ve gotten a lot of shaking heads or course corrections midway through the process.”

Another inconsistency involved the report of a no-contact order another student filed in 2020 against the same teacher. The Harding’s learned about the student and reached out to the parents and were told the no contact order was sent to human resources multiple times. However, when questioned, Tumay said human resources said the office was unaware of it and said files at the school level don’t match the administration level.

“It sounds like there are two different sets of books. Why are they not the same between the administration and the schools? This office does a lot of very important reporting to the state and the federal government on these matters, and they rely on those files,” Jason said.

Jason said he feels like the division is “playing fast and loose” with policy.

“For us, we think that the whole dynamic speaks to the fact that our investigation was improperly conducted, and someone needs to go through it with a

He said when an allegation involves a student and a teacher, human resources and Title IX always work together. He said because of the lengthy process of Title IX’s investigation requirements Title IX takes the lead, but human resources still does its own investigation.

He said human resources waits until the Title IX investigation is done before issuing sanctions to an employee. Those sanctions could be anywhere from a warning to termination and license revocation.

Moy said Title IX regulations require a teacher be put on administrative leave if a student makes an allegation against them. The teacher is allowed to come back once the investigation is complete.

The Hardings were notified in a letter in August that human resources had conducted an investigation into that teacher, and had determined their daughter’s complaint was founded under the School Board policy on environments free from harassment, discrimination and abuse.

They said they have been told by human resources that recommended personnel actions against the teacher will not be shared because it’s protected information, and exempt from Virginia Freedom of Information Act.

The Hardings have shared their story with several members of the Board of Supervisors as well as School Board members, hoping to see change.

“Our broader concern is that LCPS functions by policy and practice to protect itself first, and students come second. We know first-hand from our experience with the new and improved Title IX office that there are still dramatic problems related to how they approach the investigation and equity,” Jason said. “And until we are given any indication they have enacted or recognized our concerns and implemented mechanisms to ensure the same things doesn’t happen in the future, we are going to keep talking.” n

Alexis Gustin/Loudoun Now

Jason and Tumay Harding said they were the first to go through the new Title IX office last March and said they felt like guinea pigs.

Homeless dogs

continued from page 1

their cat to use a litter box properly, that stuff we are more than willing to do,” she said. “But what we’re seeing is that’s not enough right now, or people are coming to us too late.”

She encouraged people who think they might have trouble holding on to their pet to contact Loudoun Animal Services as soon as possible to try to avoid that.

The need has been reflected elsewhere, such as at the pet pantry at Loudoun Hunger Relief, supported by Loudoun Animal Services, the Loudoun Humane Society, and the Friends of Loudoun County Animal Services.

Loudoun Hunger Relief President and CEO Jennifer Montgomery said the pet pantry, previously restocked every two weeks, is now restocked weekly with 110 bags of food that include information for struggling pet owners such as about lowcost spay and neuter options. The pantry is emptied out every week, she said.

Friends of Loudoun County Animal Services President Michelle Zebrowski noted her organization previously helped bring dogs in from outside Loudoun to find homes here.

“Anything that’s above and beyond what the county budget is able to provide, that’s where we step in,” she said. “Surgeries, transferring a bunch of animals from outside Loudoun, behavioral training for the dogs to help them find new homes— Sheila, the German Shepard that’s there, we paid for her meds to help entice people to adopt.” Their work also includes community events like microchip clinics to increase

Lewis Bridge

continued from page 3

a new bridge pier, and upgraded bridge railings. The work was delayed during the pandemic, but the road was reopened to traffic in December 2022 and work completed last month.

Former Supervisor Geary Higgins, who was on the county board when that bridge work began, said once again it too had faced the possibility of destruction and replacement because of its deteriorated state.

“I always say with history, once it’s gone, it’s gone, and we’ve prohibited that from happening here,” he said. “This bridge, like Caleb said, is a link across the river, or across the Goose Creek here, and it’s really a link to our past.”

Kershner thanked civic organizations and local conservationists that once again

the odds a lost pet finds their way home and supporting the pet pantry with donations of food.

The surge in need has changed some aspects of their work, she said.

“It really just makes us take a look at the programs a little bit differently, and we’re always looking at the angle of retention versus adoption,” she said. “It really makes us continue to focus on that and trying to keep as many animals in their homes as possible.”

Helping Out

In response to the crowded shelter, the department is waiving adoption fees through March 19 for all adult animals and is seeking foster homes for adult dogs to help get some of them get a break from the shelter environment.

Pets adopted through Loudoun Animal Services have been through a basic health screening, and the department partners with local veterinarians to offer a free health checkup after adoption.

For people who aren’t ready to commit to adoption, fostering for a couple weeks can help those pets get adopted.

“Some of these animals just a need a break. They just need to not be here. It’s very overwhelming. Think about your own dog, and how they’re used to being on the couch and see very few strangers,” Stively said. “Your own dog barks when someone comes to the door—you can’t judge these dogs for barking when they’re sitting in a kennel, because someone at their door every single day. Hundreds of people are walking by them, so they don’t always show their best selves here.”

But after a dog has a few days to get

stepped in, acting as consultants and advisory as the Virginia Department of Transportation designed the project. Those included groups like the Catoctin Scenic River Advisory Committee, the Loudoun County Preservation and Conservation Coalition, the Piedmont Environmental Council and the Waterford Foundation.

“All history should be taught, and all history should be remembered,” Loudoun Chair Phyllis J. Randall (D-At Large) said. “Not all history should be celebrated. There are some things in our history that we probably shouldn’t celebrate. Today is something that we should teach, remember, and celebrate.”

And she said the rebuilt bridge is a change for safety—Loudoun fire trucks and engines are too heavy to cross the bridge in its old state and would have to detour around it. With the newly rebuilt bridge open to traffic, they once again can cross the bridge. n

comfortable in a more relaxing environment, they can show their true colors. And that means when someone goes looking for a dog to adopt, they know something about the dog’s personality, like how much attention they need, or how they are with other dogs, cats, or children. That’s exactly what happened with a dog Stively recently fostered at her own home.

“It was two days, and it was really no trouble for me. It was a pleasure having this dog in my house, and it got him adopted within hours, whereas he had been sitting here for three weeks and not a single person had visited him before that,” she said.

Stively said with people being separated from pets they’ve had for years, landlords “have to be a part of the solution.”

“We had a family who was not able to keep their two geriatric cats because they had to move into a situation that was caused by a family crisis, and the landlord said no cats allowed. And they sat in the parking lot and they cried for an hour over the situation,” Stively said. “How much damage to two 14-year-old cats do to a house? Hopefully not much, but pet deposits and making sure you’ve got a good homeowner’s insurance policy could be a great solution to that so folks like that aren’t having to lose their cats.”

And, she said, it helps to break the stigma and give some grace to people who have to give up a pet.

“It’s easy to judge when you hear, ‘there’s

Interchange plans

continued from page 5

the current capital plan, for that use. That helps the county lock down land that it already knows it will need for that project eventually on the northwestern quadrant of the planned interchange. Supervisor Matthew F. Letourneau (R-Dulles) said during the March 8 finance committee meeting that moving that funding up could help the county win state and federal funds for the project, and that the project would finally provide a safe pedestrian path across Rt. 50.

“It’s hugely important. This is in the top three intersections in the county for crash data every single year. There are no pedestrian crossings. So it is my number one thing to try to get done before I leave or die,” he said.

Already there could be a complication to the project—is a burial ground on that land.

“There is a family plot located roughly in the middle of the parcel,” Department of Transportation and Capital Infrastructure Assistant Director Jim Zeller said. “Depending on the final configuration of any

an old dog at a shelter, what horrible person left their dog here,’ but that’s not what this is,” Stively said. “So often, people are deeply devastated. When they bring their pets here, they are heartbroken, they are crying. They don’t bring their kids because the kids are hysterical. It’s a big decision by the time somebody walks into an animal shelter to surrender their pet.”

She said minimizing that judgment can help fewer pets wind up at the shelter.

“You can safely rehome your own pet. There’s nothing wrong with that and we can provide people with resources and how to do that safely,” she said. “But if everyone on social media and everyone in comments on a page is saying what a horrible person you are for rehoming your pet, you’re going to feel like your only choice is to bring that animal to the shelter.”

Loudoun Animal Services offers resources for pet owners listed at loudoun.gov/4888/pet-resources to help care for pets, prepare for emergencies, and keep families together.

The Friends of Loudoun County Animal Services accepts donations to support their work at flcas.org. Loudoun Hunger Relief and many veterinarians also accept donations of pet food to support the pet pantry.

Get more information and see pets up for adoption at loudoun.gov/animals. The website features photos and information on all pets available for adoption. n

interchange that would be planned at that location, it is not necessarily a foregone conclusion that that plot would be physically impacted by the future interchange. We’d have to get into a fair amount of design before we could confirm that.”

Other changes to the capital budget reflect rapidly growing costs for school projects attributable to inflation and the construction market.

“Difficult decisions had to be made, and so the School Board always prioritizes new seats and ability to deliver instructions,” Loudoun County Public Schools Chief Operations Officer Kevin Lewis said.

Those changes to the capital budget will be formalized when supervisors adopt the Capital Improvement Program as part of the county’s overarching budget, scheduled for early April.

Supervisors also agreed with the finance committee’s recommendation to discuss funding a weight room expansion, press boxes and tennis court lighting at Dominion High School and Heritage High School and press boxes and tennis court lighting at Potomac Falls High School during end of year fund balance discussions in December. n

A Tough Case

15

Published

PO Box 207 Leesburg, VA 20178 703-770-9723

NORMAN K. STYER Publisher and Editor nstyer@loudounnow.com

EDITORIAL

RENSS GREENE Deputy Editor rgreene@loudounnow.com

JAN MERCKER Reporter jmercker@loudounnow.com

ALEXIS GUSTIN Reporter agustin@loudounnow.com

HANNA PAMPALONI Reporter hpampaloni@loudounnow.com

ADVERTISING

SUSAN STYER Advertising Manager sstyer@loudounnow.com

TONYA HARDING Account Executive tharding@loudounnow.com

VICKY MASHAW Account Executive vmashaw@loudounnow.com

For decades, Purcellville leaders had worked to preserve and enhance the town’s status as the economic and social hub—and de facto capital—of western Loudoun. Today, the town is going in a very different direction with inexplicable determination and speed.

Tuesday night’s decision to kill the county’s park and ride lot plans likely closes out once and for all the frustrating (for both sides) negotiations over the development of the Fields Farm property after more than two decades of planning.

While claiming it sought continued negotiations over the design of the much-needed Woodgrove High School access road—talks to which the county staff had already committed—the Town Council’s action actually precludes that goal. And it wasn’t accidental.

The council majority voted to “rescind” its approval rather than “reconsider” the vote taken at the previous meeting. As was explained to them, a reconsideration would bring the application back to the table for continued talks; rescission would effectively nullify it and the county would be required to file a whole new application should it decide to keep the project alive. Don’t expect that to happen.

Over the past several months, the land planned for nearly 30 years to become a centralized youth sports and community service center for western Loudoun instead has become the county government’s largest piece of surplus property— with no obvious public use remaining.

Put on the market, the largest undeveloped tract within a municipal boundary in western Loudoun would likely draw considerable developer interest and perhaps generate significant revenue to help offset the higher cost facing taxpayers to build the long-planned facilities elsewhere.

The council majority has made it clear that it holds itself blameless, the victims of malintent on the part of the county government, but outside of Town Hall that is a tough case to make. n

LETTERS to the Editor

The Shire

Editor:

There’s some good in this world, Mr. Frodo … and it’s worth fighting for.”

— Sam Gamgee

JRR Tolkien’s masterpiece Lord of the Rings trilogy was brought to life on the silver screen a little over 20 years ago. Biblical allegory and life on earth contrasts are on full display throughout this classic. Good vs. evil, joy vs. brooding, perseverance vs. sloth, freedom vs. slavery, hero vs. villain.

Before moving away in the early ‘80s to pursue career opportunities, Loudoun reminded me of the Shire, the bucolic home of the Hobbits where the first installment begins, and the third ends. Joyful kindness was the norm with neighbors sacrificially serving each other out of a pure heart regardless of skin color, socio economic rank or gender.

After moving back in 2020, it was clear the winds of change induced by mediahyped division and spurred by political opportunism had turned Loudoun into a proverbial Mordor, which was home for the dark Sauron and his inner earth Orcs. Congestion, deception, excessive

taxation and regulation had fueled division and perverted peace.

Where did the Shire go? The framers of the Constitution did everything they could to give America a road map, that, if faithfully followed, would ensure preservation of life, liberty and happiness. For the past 100 years we’ve failed to stem the malignancy of usurpation of the Constitution. As James Madison, the principal architect of the Constitution warned, “ambition must be made to counteract ambition.”

From Woodrow Wilson’s unconstitutional Federal Reserve to Teddy Roosevelt’s presidency, which “might well be considered as marking the birth of the modern regulatory state” (Widenor), to FDR’s meandrous World War II engagement and “New Deal,” to the more recent “Obamacare,” socialist government expansion has become America’s new norm.

If anyone thinks these are irrelevant deeds that have little to no impact on a Loudoun County resident in 2023, think again. In 2010, the county budget was $1,590,000, in 2023 the incomprehensible $3,500,000 level was breached (a 125% increase during a period when population increased only 35%).

Has Loudoun morphed into Mordor to the extent that The Shire has become the 1948 Cleveland Indians, where too many dreams have died, and all hope lost? The Founders knew of the depravity of man and planned for it. Jefferson astutely observed, “In questions of power, let no more be heard of confidence in man but bind him down from mischief by the chains of the constitution.”

For those satisfied with our government, I encourage you to carefully examine the history of countries that have gone down the road of good intentions paved by socialism. How many of these regimes have brought peace and prosperity to their people? If your answer was more than zero, look again.

To those who are concerned about the direction we’re headed and don’t know what to do, the answer is located at the end of the First Amendment. Throughout our history, First Amendment petitions have been used to hold government accountable to the Constitution. Let’s use them to restore The Shire.

“He who refuses to rule is liable to be ruled by one who is worse than himself.”

- Plato’s Republic

— Woody Kaye, Middleburg

Loudoun Now is mailed

READERS’ poll CHIP shots

LAST WEEK'S QUESTION: Should the school division’s investigative report be publicly released?

• 61.6% Yes

• 25.0% Yes, redacted as needed

• 8.7% No

• 2.2% Let a judge decide

• 1.4% Only if the School Board agrees

• 1.1% I’m not sure

THIS WEEK'S QUESTION:

Do you support a shift to private, gender-neutral bathrooms in schools?

Share your views at loudounnow.com/polls

School Board Should Be Wary of LEA’s Collective Bargaining Push

BY ELISABETH MESSENGER

Two years ago, speakers at the Virginia Education Association’s annual conference repeated the same mantra “collective bargaining is good for children and the community.” Yet, lessons learned from unionized states beg to differ.

In states like Illinois and Michigan, collective bargaining allows teachers to show up for work intoxicated and avoid discipline. In Connecticut, collective bargaining made it possible for a state hospital employee to fatally abuse a patient and then get his job back … caring for more vulnerable people. New York holds perhaps the most chilling example of the harm that befalls students and the community subject to collective bargaining: a union used taxpayer dollars to protect a teacher who admitted to repeatedly sexually abusing students.

Collective bargaining locks public employees into multi-year contracts that ensure limited job advancement, teachers are taken out of the classroom to do union business on the taxpayer’s dime, and individual freedom is stifled. After all, when you are represented by a union, you give away your voice and your power to that union.

Though I am a Virginia resident, I work for a national membership organization that supports public employees

by educating them about their rights in a unionized workplace. Our membership, comprised primarily of teachers in navy blue states, experienced these union failures first-hand. Unfortunately, because most of them teach in districts with collective bargaining, they are forced to be represented by the union at the bargaining table, even though they are no longer members.

Many of our members left their union for political reasons; it is no secret that public-sector unions are political organizations. The Supreme Court has declared this to be so in several high-profile cases, and union tax documents reveal just how much money large unions spend on politics. The NEA, for example, spends $2 on politics for every $1 they spend on member services.

After their union proved ineffective or too political, many of our members have tried to work with their colleagues to decertify their union or start a local union, but once teachers are unionized by a corporate entity as powerful as the NEA-backed Loudoun Education Association (LEA), it can be virtually impossible to remove the union from the workplace. You can’t just try on union

membership and change your mind.

And the impacts of collective bargaining don’t stop at the school’s doors. While the collective bargaining agreement may have the government’s name and the union on it, every member of a community will feel the impacts of these oppressive contracts, always negotiated behind closed doors. In addition to the massive costs that come with creating these contracts and enforcing them—one estimate places the cost for a county to set up a collective bargaining system at $2 million—unions also create jaw-dropping carve outs for themselves via programs like benefits funds.

Acting Superintendent Daniel Smith estimated it would cost Loudoun County a cool $3.5 million to introduce collective bargaining. The president of the LEA refutes that claim and then rattles off how government employee time can be divided up to do union business. Not surprising, considering the LEA’s website indicates the president of the union enjoys release time—meaning she is paid with taxpayer dollars to work full-time on union business. Nowhere does the LEA illustrate the impact of collective bargaining. I believe $3.5 million to be a very conservative estimate, given the county needs to create an entirely new governing body not unlike a state labor board.

What does this mean for Loudoun County? We already saw the LEA push the School Board’s hand to force a vote on collective bargaining by assembling a list of questionable signatures in favor of the measure. If LEA wins the vote to collectively bargain for Loudoun teachers, we should get used to the union continuing to push the school board around— that’s the way it works when a union is in place.

There are still options available to teachers other than unions, including groups like Christian Educators Association or the Association of American Educators. These associations offer a non-partisan, apolitical service without the negative impacts collective bargaining can bring.

It is up to teachers to stand up for their rights and push back on LEA’s aggressive tactics. Loudoun teachers have resources aside from the union that will enable them to keep their voice and power. Hopefully the School Board provides Loudoun’s hardworking teachers with all the facts instead of the one-sided narrative being pushed by the union. n

Elisabeth Messenger is the CEO for Americans for Fair Treatment, a national nonprofit that educates public employees about their rights in a unionized workplace.

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