Loudoun Now for Dec. 9, 2021

n LOUDOUN

Pg. 4 | n LEESBURG

VOL. 7, NO. 3

Pg. 6 | n EDUCATION

Pg. 8 | n OBITUARIES

Pg. 19 | n PUBLIC NOTICES

We've got you covered. In the mail weekly. Online always at LoudounNow.com

Pg. 24

DECEMBER 9, 2021

Rt. 7, Rt. 50 Renamed

BY RENSS GREENE

rgreene@loudounnow.com

Two of the most prominent—and congested—monuments to racist and Confederate figures in Loudoun will be renamed to their historic monikers following a unanimous vote of the Board of Supervisors on Tuesday.

Rt. 7, named for segregationist lawmaker and state governor Harry Byrd Sr., will be renamed to Leesburg Pike, and Rt. 50, named for Confederate Col. John Singleton Mosby, will be renamed Little River Turnpike. Both are names those roads had before. Final authority to approve the changes lies with the state’s Commonwealth Transportation Board.

“I want to express my deep gratitude that we are changing names of Route 7 and 50. The names of these roads were changed decades ago to honor people who should not be honored, people who would not want me sitting here today,” said Supervisor Sylvia R. Glass (D-Broad Run), a Black woman. “I’m glad we’re returning to the original names of the roads, as they make both practical and historical sense for our county.”

Supervisor Juli E. Briskman (D-Algonkian) said the cost of that renaming—estimated around $621,000 to replace the road signs— is a worthy use of taxpayer dollars.

ROADS RENAMED continues on page 30

Renss Greene/Loudoun Now

The Middleburg Hunt parades down Washington Street, one of the centerpieces of a day of holiday celebrations in the town Saturday morning as part of the annual Christmas in Middleburg celebration. See more coverage on Page 19.

School District’s Transgender Protections Stand Out in State

BY HAYLEY BOUR

hbour@loudounnow.com

An elementary school PE teacher helped put Loudoun County in the national spotlight when he took to the podium at the May 25 School Board meeting to say he would not comply with proposed new policy intended to comply with a new state-wide mandate that schools provide protections to transgender students.

In ensuing months, Loudoun trended on Twitter, was featured in Tucker Carlson monologues, and even made headlines in widely circulated tabloids in the UK. Virginia General Assembly passed the new law in 2020, and the Department of Education issued a model policy for divisions. The model affords trans students basic rights inherent to their cis-gender schoolmates, to be addressed by their

chosen pronouns, and to use the restroom facilities that correspond with their gender identities.

While the state would not withhold funding from school divisions that refuse to implement such protections, not doing so might prove costly. State Superintendent James Lane sent a letter to school TRANSGENDER PROTECTIONS continues on page 30

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PAGE 3

7 Police Officers Among Recent Leesburg Staff Resignations

BY KARA C. RODRIGUEZ

krodriguez@loudounnow.com

The Town Council’s decision to mandate COVID-19 vaccines for its employees has cost Leesburg several members of its police department.

Data provided by Public Information Officer Betsy Arnett last week showed that, since the council’s Oct. 12 decision to mandate the vaccine for its full- and part-time employees along with most of its board and commission members, 11 full-time employees have submitted their resignation.

Of those 11 employees, seven are officers with the Leesburg Police Department, Arnett confirmed. The town has also lost two members of its Department of Finance & Administrative Services, and one staff member each from the Utilities Department and Town Manager’s Office.

Although none of those employees cit-

ed the mandate as the reason for their resignations, Arnett said “to the best of our knowledge,” at least six resignations likely were—all from the police department.

An email from Town Manager Kaj Dentler to the Town Council, which was shared with Loudoun Now, indicates at least initial concern about the impact of the resignations from the police department.

“The Police Department is the greatest vulnerability to sustainable operations,” he wrote.

Currently, there are 18 vacancies in the department, according to department Public Information Officer Michael Drogin. The department is authorized for 90 sworn officer positions.

“It is important to note that five of the 18 sworn vacancies are expansion positions that were approved, but never filled due to the town’s hiring freeze as a result of the COVID-19 pandemic. Additionally, there were several planned retirements

in 2020 and 2021 that have attributed to the 18 vacancies,” Drogin added.

In a statement to Loudoun Now, Police Chief Gregory Brown acknowledged the department’s staffing shortage, but noted what Leesburg is experiencing is a phenomenon felt nationwide.

“The Leesburg Police Department constantly reviews our staffing levels and personnel assignments to ensure that we always meet our mission. Due to a variety of factors, law enforcement agencies nationwide are currently facing staffing shortages. While in recent years we have experienced a relatively low attrition rate, we too have recently been affected by staffing shortages,” he said.

Brown also said the department is “actively recruiting” for both recruit officer and lateral officer positions in a variety of ways, from employee referrals to word of mouth, and in-person and virtual career RESIGNATIONS continues on page 29

Fire Displaces Veteran, Injures 4 Dogs LOUDOUN NOW STAFF REPORT

The community is rallying to support a retired combat veteran following a fire at his Purcellville home Monday afternoon that left four dogs undergoing treatment for serious injuries.

The Pipers Brook Drive home in the Brown’s Farm neighborhood was the fourth house built for wounded military veterans by Loudoun-based HeroHomes.

Vainuupo Avegalio, a 12-year army veteran impacted by PTSD, owns the house and two of the dogs. The other two dogs belonged to a friend. “AV,” as he known in the community, uses his passion for art and poetry to help other veterans battling post-traumatic stress, volunteers at correctional facilities, and works with at-risk youth to help prevent suicide.

According to the Department of Fire-Rescue, at approximately 2:40 p.m.

Dec. 6, the county dispatchers received a 911 call reporting smoke coming from the house. The caller indicated that nobody was home, but several dogs were inside. Fire-Rescue units from Purcellville, Hamilton, Round Hill, Philomont and Leesburg were dispatched to the scene.

Arriving firefighters found a one-story,

Loudoun County Fire-Rescue Photo

Crews work at the scene of the Dec. 6 house fire on Pipers Brook Drive in the Brown’s Farm neighborhood of Purcellville.

single-family home with smoke showing from the side and roofline. Crews entered the structure and found an active kitchen fire, which was quickly extinguished.

A search of the residence confirmed that no occupants were inside, however, four dogs were rescued from the home. The canines—suffering from smoke inhalation, two with severe cases—were given oxygen and other medical care by personnel on scene before being transferred to the Loudoun County Animal Services staff, who transported the dogs to receive

emergency veterinary services.

Avegalio and his dogs are displaced as a result of the fire, which caused an estimated $158,400 in damage.

The home was equipped with working smoke alarms, which were sounding when fire and rescue units arrived. The Loudoun County Fire Marshal’s Office investigation determined the fire to be accidental, caused by an appliance malfunction on a kitchen countertop.

HeroHomes is organizing an effort to provide financial assistance, including help to cover veterinary bills which are expected to exceed $20,000 as well as temporary housing and living expenses.

Contribute at herohomesloudoun.org/urgent-call-for-donations.

Neighbors also have organized a GoFundMe campaign, titled “Help Our Neighbor AV Recover from a House Fire,” to assist Avegalio. According to the organizer, the funds will help “alleviate some of the financial burdens of the situation, such as emergency vet bills for the four dogs who were inside the home, temporary housing costs, and other misc. concerns.” As of Tuesday night, more than $6,500 had been donated toward a $10,000 fundraising goal. n

Loudoun Now File Photo

The Carlheim Manor in northeast Leesburg was built in 1872 by Pennsylvania industrialist Charles R. Paxton on what was then a 760-acre estate that stretched north to the Potomac River. The 32-room home in the Second Empire style was designed

by Henry Dudley and added to the National Register for Historic Places in 1979.

Trust Takes Back Carlheim Mansion; Plans Restoration

BY KARA CLARK RODRIGUEZ krodriguez@loudounnow.com

The Paxton Trust has announced that the historic Carlheim Manor is back under its stewardship, and plans are underway for a major restoration.

Carlheim Manor has been used by the Paxton Trust’s primary tenant, The Arc of Loudoun, for more than 10 years for its biggest annual fundraiser, the Shocktober haunted house. An announcement from the Trust points to its lease with the Arc, which required that it prevent Carlheim from deteriorating from the condition it was in when the lease was signed in 2008.

“Unfortunately, years of wear and tear from the traffic generated by Shocktober, in addition to the natural decay of the home from it standing vacant for most of each year, have created concerns for public safety as well as the historic preservation of such an important Leesburg landmark,” according to the statement. “[In] recent discussions between the Paxton Trust and the Arc of Loudoun, it became clear that the Arc did not have funds available to maintain Carlheim Manor. Rather than require the Arc to divert funds from its mission of helping children in need, the Paxton Trust proposed, and the Arc agreed, that the Paxton CARLHELM continues on page 24

LOUDOUNNOW.COM

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DECEMBER 9, 2021

Loudoun

Rt. 15 Plan Outcry Continues at Planning Commission Hearing

BY RENSS GREENE rgreene@loudounnow.com

A proposal to widen Rt. 15 north of Leesburg to four lanes south of Lucketts Road, build a bypass around the Village of Lucketts and other road improvements drew continued resistance during a Nov. 30 Planning Commission public hearing.

That proposal has alarmed some residents, business owners and conservation groups in the area, who have urged county planners to consider less disruptive and less expensive solutions for the corridor’s traffic snarls.

Longtime farmer John Adams said he’s lived in Lucketts for 51 years, and seen everything on Rt. 15 in that time. And he said the traffic backups on Rt. 15 won’t be solved until Maryland decides to do something about the two-lane Point of Rocks bridge, which that state has no immediate plans to improve.

“You people from down east need to understand that this is one of the biggest boondoggles your staff has ever put forward, because they’re going to spend almost a half a billion dollars to solve a road problem that they’re not going to solve until Maryland decides what they’re going to do,” Adams said. “So the best you can do is make this the safest two-lane highway from Leesburg to the river.”

And he was among those who said widening the road would invite more development in rural Loudoun.

“Who’s pushing this? It’s not the residents of Lucketts, for goodness sakes,”

Renss Greene/Loudoun Now

Traffic flows by the cigarette outlet near the Point of Rocks Bridge on Rt. 15.

Adams said. “It’s coming from the development community.”

“Do not destroy the entire character of this scenic byway and turn it into just another highway, probably with housing developments and shopping malls. The developers are salivating,” said longtime resident Elizabeth Newberry.

Business owners like Avis Renshaw of Lost Corner Farm and Mom’s Apple Pie, Jonathan Staples of Black Hops Farm and Vanish Farmwoods Brewery and Suzanne Eblen of The Old Lucketts Store said the plans threaten some of Lucketts’s iconic rural businesses.

Staples said when he was working to buy the farm, he was competing with two developers. While he was securing financing for the project, one of the bankers said if the brewery doesn’t work out, the farmland would vanish—and thus the name for the brewery.

“It still feels like a place that a lot of it could be 100 years old, and by working with the other businesses in Lucketts we’ve worked to create a culture of sort of a village center that stretches from the pink silo all the way to Vanish and SkillsUSA, and to imagine a four-lane highway coming through and just smashing every-

thing we’ve done is just really heartbreaking,” he said.

Instead, many of those organizations have asked the county to consider improvements such as replacing stoplights with roundabouts and building wider, hard shoulders for the road.

“Commuter needs should not override the local Lucketts community needs,” said Evan McCarthy of the Piedmont Environmental Council. “Immediate improvements can be made at significantly reduced cost to improve safety in the entire corridor and should occur without further delay. These improvements should not impact the community negatively.”

And Loudoun Wildlife Conservancy Executive Director Michael Myers said a bypass could also threaten the nearby JK Black Oak Wildlife Sanctuary, which the conservancy obtained with help from JK Moving founder Chuck Kuhn in 2020.

The sanctuary includes a globally rare kind of swampland, and Myers said more than 150 volunteers from organizations including the Lucketts Ruritans, scout troops, the Tuscarora Key Club, and others have helped plant trees, clean up trash and remove invasive plant species.

“I may be a little biased, but I can’t think of a more worthy parcel to protect than one that hosts a globally rare wetland,” Myers said. “We must do more to protect rare wetlands, and we should all work together to identify more areas within the karst Limestone Overlay District to protect. Otherwise, amphibians, wildlife RT. 15 PLAN continues on page 5

Biz Relief Grants Portal Opens, Closes, Reopens

BY RENSS GREENE rgreene@loudounnow.com

Strong demand saw applications for the county’s latest COVID-19 business relief grants on Dec. 1 opened, closed after just over an hour, and reopened for only three hours on Dec. 8.

Businesses were invited to apply for grants from a $4.9 million pool of funding set aside by the Board of Supervisors from of the county’s American Rescue Plan Act funding. Applicants could request grants of up to $50,000 for projects making a business model change, imple-

menting new technology, or otherwise reinventing their business model to cope with the challenges of the COVID-19 pandemic.

According to the Department of Economic Development, applications were to be considered on a rolling basis until funding was exhausted—and just over an hour after grant applications opened, the department closed them again, citing more demand for funding than money available. That left some business owners out in the cold who had hoped to apply. Department of Economic Development Executive Director Buddy Rizer said within the first hour, they had

received twice as many applications as they had funding available.

Two days later, on Dec. 3, Rizer announced the grant portal would reopen. “$4.9 million may sound like a lot of money—I know it does to me—but it doesn’t go very far when trying to fund as many businesses as we have heard from. However, it was never our intention to create a situation where only the first people through the door would be considered,” Rizer said.

As before, to be eligible, businesses were required to be an appropriately licensed, for-profit business in Loudoun County; operational prior to March 1,

2020, and currently open for business; have between zero and 250 employees with no limit on 1099 contractors; show annual pre-COVID revenue of between $50,000 and $8 million; able to accept ACH payment; and had to commit to maintain the funded project in Loudoun County for a minimum of 2 years postaward.

Applications were set to reopen on Wednesday, Dec. 8 at noon and stay open until 3 p.m., after this paper’s deadline. More information about support for businesses in Loudoun is at biz.loudoun.gov. n

DECEMBER 9, 2021

LOUDOUNNOW.COM

Loudoun Hosts Rt. 15 plan National Meeting continued from page 4 of County Leaders and humans will be deprived of unique, Loudoun County for the first time is playing host to a meeting of the National Association of Counties this week.

Loudoun is hosting elected officials from the across the country for the 2021 meeting of the NACo Economic Mobility Leadership Network.

The network was established to examine the range of issues around economic mobility such attainable housing, food insecurity, and lack of opportunity. With the network, NACo seeks to create county-specific discussion and problem-solving on issues of economic mobility, as well as share scalable, transferable ideas across the country. It is comprised of 20 elected leaders from a cross-section of urban, suburban and rural communities.

The three-day conference opened Dec. 7 and highlighted economic development here. During the conference, network members will focus discussions on local circumstances, challenges, and efforts to foster economic mobility and development in their own localities, along with presentations from local and national experts.n

PUBLISHER’S NOTICE We are pledged to the letter and spirit of Virginia’s policy for achieving equal housing opportunity throughout the Commonwealth.

We encourage and support advertising and marketing programs in which there are no barriers to obtaining housing because of race, color, religion, national origin, sex, elderliness, familial status or handicap.

All real estate advertised herein is subject to Virginia’s fair housing law which makes it illegal to advertise “any preference, limitation or discrimination because of race, color, religion, national origin, sex, elderliness, familial status or handicap or intention to make any such preference, limitation, or discrimination.”

This newspaper will not knowingly accept advertising for real estate that violates the fair housing law. Our readers are hereby informed that all dwellings advertised in this newspaper are available on an equal opportunity basis. For more information or to file a housing complaint call the Virginia Fair Housing Office at (804) 367-9753.

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vital and special places and resources.”

But some people living in neighborhoods along the road support the proposal.

Craig Salvatore of the Selma Estates HOA said he’s heard “loud and clear” from residents of that subdivision that they want to see the road widened.

“As it stands now, it’s a roll of the dice attempting to turn northbound from Montresor [Road] onto Rt. 15 North, I worry about my spouse and children’s safety every day when they try to make that turn,” Salvatore said.

According to a report prepared for the Planning Commission, county planners have received 134 written comments, and an online survey in July on the proposals returned 951 comments. In that survey, 64% of respondents preferred a bypass on the eastern side of the village, 24% preferred a western bypass, 6% preferred no bypass, and 1% preferred to consider traffic calming measures or additional roundabouts.

The Planning Commission will advise the county Board of Supervisors specifically on changes to the county Comprehensive Plan, which describes the ultimate

planned condition of the road. County supervisors and planners propose to change the road’s classification in that plan from a rural, two-lane, undivided road to the median-divided four-lane roadway. After hearing the public input last week, Planning Commissioners agreed they aren’t yet ready to make a recommendation without more discussion and information.

Commissioner and Hillsboro Mayor Roger Vance (Blue Ridge), who led the ReThink9 project that improved Rt. 9 through Hillsboro, said that project demonstrated that roundabouts can make

PAGE 5 roads safer and keep traffic moving.

“We need to make sure we do get it right. This is a one shot here,” Vance said.

“I was told 20 years ago that everything that we’ve just accomplished in Hillsboro could not and would not be done and would not work. We’ve just completed a post-construction study and some of the results are pretty amazing.”

The commission voted 8-0-1, with Commissioner Jane Kirchner (Algonkian) absent, to send the Rt. 15 comprehensive plan amendment to a work session for further discussion. n

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DECEMBER 9, 2021

Leesburg

Planning Commission Hands off Town Plan to Council

BY KARA C. RODRIGUEZ krodriguez@loudounnow.com

It may come later than initially envisioned, but Leesburg could have a new Town Plan by early 2022.

The town’s Planning Commission officially handed off review of the Legacy Leesburg Town Plan update to the Town Council by voting to certify the document at its Dec. 2 meeting.

The 4-2-1 recommendation, with Chairwoman Gigi Robinson and Commissioner Ad Barnes dissenting, came after eight months of work and 15 commission work sessions.

“It’s been a long trail getting here,” Robinson said.

The long trail began more than two years ago, when the town staff launched a public input effort to garner resident, business and stakeholder feedback on what Leesburg’s new comprehensive plan should look like. The COVID-19 pandemic elongated the timeline considerably, with more behind-the-scenes work by the staff and town consultants on developing

a draft to present to the commission, with the initial public hearing occurring April 1 of this year.

Town Council members at times have appeared impatient at the length of time the document was under review at the commission, with a joint meeting of the two bodies Aug. 16 identifying the remaining unresolved areas of concern on which commissioners spent much of the past three and a half months focused.

The 237-page draft document, the fourth version that came before the commission for review, includes several revisions made by the commission, including a newly updated Transportation Improvement Plan. What has not changed throughout all of the commission’s revisions, senior planner and project manager Rich Klusek said, is a move to a more proactive rather than reactive document, and one that continually harkens back to the character of the town.

Acknowledging that the town is almost completely built out and there will be little greenfield development going forward, a proactive approach, Klusek said, “[is] the more effective approach for redevel-

opment and enhancing communities.”

Commissioner Earl Hoovler, who has overseen many Town Plan updates over his many terms on the commission, said this go-around was “certainly a lot different” than previous reviews. He said initially he was hesitant to adopt the “playbook approach” laid out in the new plan. Under that structure some items, including planning context, guiding principles, community character assessment and goals, stay unchanged. However, the playbook concept allows the town to pivot or evolve as market conditions change through new strategies, focus area recommendations and the growth and conservation maps.

“As we went through our work sessions I found [the playbook approach] does indeed have a lot to offer,” Hoovler said. The document “focuses on the character of Leesburg and I think that’s important. I think that’s the real innovation here.”

While no speakers came to the commission’s Dec. 2 public hearing to share their thoughts on the draft plan as a whole, several members of the development community came to focus on certain par-

A New Plan: Berry-Hill Announces Retirement

BY KARA C. RODRIGUEZ krodriguez@loudounnow.com

The longtime head of Leesburg’s Planning and Zoning Department is now focused on a new plan—what she wants to do in retirement.

Planning and Zoning Department DirecBerry-Hill tor Susan Berry-Hill will step down from her position of almost 14 years at the end of March. Including her time with the town, her service to planning in Loudoun County spans almost three decades, and previous jobs in Kansas and Texas put her total years of work in the planning field at 40.

Berry-Hill came to Loudoun County in 1989 as a land use planner in the county’s planning department. The Iowa native said she first heard about Loudoun County by reading about it in an American Planning Association journal.

“At the time, they were working on a

hamlet ordinance, [which] was very, very progressive. And I thought, ‘wow, that sounds like a cool place to work.’ The rest is history,” she recalled.

She joined the county planning department under then-director Milton Herd and enjoyed working both under him and his successor, Julie Pastor, who she refers to as a mentor and great friend.

“It was an interesting time to come onboard at Loudoun County,” she said.

“They were in full growth mode at the time, and were hiring planners like crazy.

There were interesting projects—huge parts of the county had not been zoned so the projects were Brambleton and Ashburn and Ashburn Farms and University Center.”

University Center in Ashburn and the South Riding rezoning were two of her biggest projects during her early years in Loudoun, she said.

Those early years also saw an economic downturn that saw many of her planner colleagues lose their jobs in layoffs. Berry-Hill survived those cuts.

After briefly leaving Loudoun County government to focus on raising her chil-

dren, she returned to take a position with the planning department focused on being a liaison to the incorporated towns.

“I worked on Joint Land Management Areas for Round Hill, Hamilton, Purcellville and Leesburg, then the different issues that affected the towns,” she said.

She continued work in different areas with county planning, and some of those roles helped her to get to know her future colleagues in the town government well.

In July 2008, she became the new director of Leesburg’s Planning and Zoning Department.

“It was a bit of an adjustment coming from Loudoun County to Leesburg in a number of respects. It can be summed up to scale,” she said. “The scale of land development projects at the county were like thousands of acres. You come into Leesburg and the scale of the projects was much smaller. That doesn’t mean that the issues are less, it means they’re different.

When you’re dealing with adjacencies in town it’s so much more important to figure out what the impacts will be. Attention to detail is more important. It’s a different mindset and a different kind of

cels in the plan.

One of those was a five-acre tract off Edwards Ferry Road, behind the Dick’s Sporting Goods shopping center and directly to the south of the REHAU North America campus. It has been owned by German grocery chain Lidl, with the intent to develop the property into its first Leesburg store, but the cost prohibitive site work on the land has made that impossible, said Molly Novotny, senior planner for Cooley LLP. With the property listed for sale for two years, there has been interest from users desiring industrial uses, such as a self-storage business, or for multi-family residential development.

In Legacy Leesburg, the property is still identified for retail development, and both Novotny and Megan Sizemore of Lidl US asked the commission to consider flexibility for the property.

Novotny also spoke on behalf of Kettler, which last week submitted a Town Plan amendment to permit new uses on the two remaining undeveloped lots in its the Village at Leesburg development.

TOWN PLAN continues on page 7 planning approach that’s needed.”

One of her favorite differences, though, was how closely she got to work with all town departments, and those relationships that were forged with her colleagues. During her 13 years in Leesburg, she supervised many major projects, including development of the form-based code for the Crescent Design District; the replacement of the H-2 District with the new Gateway District; a parking study and ordinance amendment for the downtown; and the currently underway Legacy Leesburg Town Plan update.

With the Town Plan certified by the Planning Commission this month, and the Town Council expected to complete work on that years-long effort in early 2022, Berry-Hill said the time was right to step away.

After the new Town Plan is adopted, “there will be a point at which the town needs to shift gears and move into implementing that plan. There will be some next steps important for the town to take—a rewrite of the Zoning Ordinance, implementing the new plan—and I think that will be an exciting time for the town.

It’s important for new leadership to take the reins of that project. That’s kind of BERRY-HILL continues on page 7

DECEMBER 9, 2021

Leesburg Lights Its Tree, Kicking Off Holiday Weekend

BY RENSS GREENE rgreene@loudounnow.com

The Town of Leesburg held its annual Christmas Tree lighting ceremony on Friday, Dec. 3—a shoulder-to-shoulder return to previous years’ packed celebrations.

People crowded onto the Town Green to see the annual ceremony, featuring holiday characters like Rudolph

Berry-Hill continued from page 6 key in my mind,” she said. “I’ve had a really good run in Leesburg. I’ve enjoyed it immensely. It’s been a really rewarding job, but I think now it’s time for new leadership.”

As for next steps, Berry-Hill said she is “keeping my options open.” She said

Town plan continued from page 6 The land, which borders the town/county line, is across the street from Wegmans and surrounded by residential units. It has long been planned and zoned for industrial uses, she said. Kettler’s proposed Town Plan amendment would pave the way for the development of residential units on those parcels, a use that would better fit in with surrounding neighborhoods, she said.

Whether there is flexibility allowed with those properties will now be up to the Town Council, which is expected to hold its own public hearing on the plan and begin its review next month. While all on the commission lauded staff members for their

LOUDOUNNOW.COM

the Red-Nosed Reindeer, a snowman and music performed by the Lost Locals.

The festivities continued over the weekend with the Holiday Fine Arts and Crafts Show at Ida Lee Park Recreation Center on Saturday featuring local and regional artisans selling handmade items including candles, stained glass, carved wood, jewelry, and more.

And this weekend, Leesburg’s annual Christmas and Holiday Parade will usher Santa Claus down King Street through historic downtown Leesburg, beginning at 6 p.m. at Ida Lee Park and ending at Fairfax Street. n she is looking forward to volunteering and pursuing her interests, but could indeed find herself taking another job down the road. But, it would have to be the right fit.

“If I were to pursue work it would need to be on my terms, very flexible, something I feel very passionate about,” she said.

The town plans to open recruitment for Berry-Hill’s successor this month. n oversight of the Legacy Leesburg review, and all the work that has gone into it the past few years, both Barnes and Robinson ultimately said they were not on board with the document as written.

While Barnes said his concerns centered on western Leesburg, Robinson said there was too much ambiguity for her to feel comfortable in endorsing it.

“I have a hard time with a document that is not a plan, it’s a range of things to think about, and places an emphasis on outcomes rather than specific ways to achieve them,” she said.

Commissioner Nick Clemente was absent for the meeting.

To see the current Town Plan draft, go to legacy.leesburgva.gov. n

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DECEMBER 9, 2021

Education

Schools Draft Policy to Teach Controversial Topics HAYLEY BOUR

hbour@loudounnow.com

The School Board is working on a new policy to support teachers as they present controversial curriculum material to students.

Administrators presented Policy 5420, Teaching About Controversial and Sensitive Issues, to the Curriculum and Instruction Committee on Monday. Board members questioned if such a policy is necessary, and recommended a number of changes.

A few examples of such topics are the Holocaust, slavery, colonialization, and immigration, Assistant Superintendent of Instruction Ashley Ellis said. She indicated that many students have first-hand experience with immigration, making it a challenging topic for them to discuss.

The Department of Instruction defines a controversial topic as one that has “significant academic, social, political or ideological matter” about which there are opposing viewpoints or multiple perspectives.

Contributed

Assistant Superintendent of Instruction Ashley Ellis presents proposed Policy 5420 to the Curriculum and Instruction Committee on Nov. 29.

The policy is intended to satisfy a model policy put forth by the Virginia School Boards Association to support teachers, but is not mandated by the Virginia Department of Education.

Vice Chairwoman Atoosa Reaser (Al-

gonkian) questioned whether the policy was essential.

“These days most controversial topics are also sensitive; I can’t come up with one that wouldn’t be both. I’m also struggling to figure out why at this point, so many things the division is doing is misunderstood, we’re trying to codify this in policy,” she said.

Ellis said that there was a general consensus among educators that such a policy would be helpful.

“Schools are under more scrutiny for what they’re teaching. Our teachers have asked for support in how to approach these topics with confidence,” Ellis said.

The policy also would require that all teachers are offered trainings in dealing with touchier social topics. Currently, those yearly trainings are only offered to social science teachers, and spaces in the sessions are limited.

The policy would only apply to topics currently in the curriculum.

“This isn’t a charge for teachers to impose controversial topics,” Ellis said.

Harris Mahedavi (Ashburn) suggested that the policy or its regulations should provide that parents be notified if controversial topics not included in the curriculum are being discussed in class.

“If it’s going to be that controversial and that sensitive that it’s not part of the curriculum, then I think the parents should have a choice,” Mahedavi said.

During the public comment portion of the Dec. 2 meeting of the Equity Committee, River Bend Middle School teacher Andrea Weiskopf critiqued the policy for not taking a clearer stance on Black Lives Matter and LGBTQ rights.

“Is the School Board ready to have parents use this policy to claim that LGBTQ rights and Black Lives Matter are controversial matters? Because in my classroom I will not debate the humanity of anyone,” Weiskopf said.

The Department of Instruction staff plans to revise the policy with the committee feedback before sharing it for public input ahead of the Dec. 14 School Board meeting. n

Candidates for Leesburg Vacancy Make Pitches to School Board Members HAYLEY BOUR hbour@loudounnow.com

School Board members on Monday heard introductions and took public comment on 13 candidates seeking to fill the vacant Leesburg District seat. The selection process was expected to continue Tuesday afternoon when the board was scheduled ask questions of the applicants.

The vacancy was created with the Nov. 2 resignation of Beth Barts. The person appointed by the board to replace her will serve until a special election is held in November. The winner of that election will complete Barts’ term, expiring at the end of 2023.

The diverse field of candidates ranges from non-parent IT professionals to a Sheriff’s Office deputy.

During Monday night’s session, candidates gave five-minute introductory statements.

Tom Marshall represented the Leesburg District on the School Board from 2008 to 2011, and again from 2016 to 2019. He told the board that he is the most qualified candidate.

“I am the most logical one to fill the

Hayley Bour/Loudoun Now

Thirteen candidates are being considered for the appointment to the Leesburg District School Board vacancy. During a public hearing Monday, candidates introduced themselves to School Board members.

Members of the public delivered comment in support of candidates.

seat during the one-year appointment,” he said, although he didn’t say whether he would seek election to the seat in 2022.

Teacher Lauren Shernoff had a great deal of support from public commenters prior to giving her introduction. She has been a teacher for 14 years, and currently serves as a pathways teacher in Loudoun

County Public Schools. She said students do best when school ties to the community are strong.

“My range of experience with diverse learners helped me to see the value in supporting individual student needs of every student deserves to be represented. Every decision we make will impact them,” she said.

Candidate Frank Spampinato told the board that public service is a way of life for him. He is a Marine Corps veteran and served in the CIA. “I continue to work hard on my listening and empathy skills as I believe those might be my most valuable skills that I bring to the table,” Spampinato said.

Army veteran and risk management and security professional Colin Doniger said he would like to see parents put in the driver’s seat for the school district. He said he would support hosting quarterly town hall meetings to connect parents and community members with the board.

Sheriff’s Office Deputy Michael Rivera made a splash on Fox News in November when he said announced plans to seek appointment to the vacant seat. Rivera described himself as a proud American, and said he is a “firm believer of facts and data and will support the teaching of all accurate history, both positive and negative.”

Systems engineer Stephen Cypher graduated from Loudoun County High School in 2017. He said children were the CANDIDATES continues on page 9

LOUDOUNNOW.COM

DECEMBER 9, 2021

Candidates continued from page 8 hardest-hit demographic during the pandemic, and that students, faculty and staff need resources available to them.

Andy Jabbour drew upon his background in defense, and pointed to the importance of school security in light of the shooting at Oxford High School in Detroit last week. He said that the community should know about security threats.

“I love this community. But I feel like something is not working in our school system,” he said. He also suggested revisiting the school masking policy, as it has not been reviewed since it was implemented over the summer. He said he was not interested in being elected to the seat after serving in an interim capacity.

Andrew Fernandes is a father of two students in the school division. He is a Cub Scout leader, youth sports coach and project manager.

“Working with kids every day, I understand about solutions. … We talk about teamwork, the things you do when you win, and the things you do when you lose,” he said.

He also said his work with the Odyssey of the Mind program has taught him that there is a solution to every problem.

Todd Cimino-Johnson said education saved his life. He grew up in poverty and found refuge in school. He touted his corporate accounting experience, understanding of law, and sense of fiscal responsibility.

He pointed to statistics specific to the Leesburg District showing that nearly a third of students are economically disadvantaged.

He said he would be a “uniter, a listener and a civic-minded leader who cares passionately about the needs of all students.”

Erika Ogedegbe is a 20-year resident of Leesburg and a parent of three LCPS students. She is the associate vice provost of Student Systems, Services, and analytics at George Washington University.

“My priorities would include teaching and learning, including early literacy, recruitment, retention and growth of LCPS teachers and staff, academic outcomes and support for the broad range of LCPS offerings including the early literacy programs, special education, the English learner program, and vocational, technical and STEM programs at the Academies of Loudoun,” she said.

She said it was important that efforts and initiatives to improve schools benefit all students.

Rebecca Clark served on the school

PAGE 9

board for the American School of Brasilia, where she lived with her family. She served on the governance and transition committees.

She worked for two years as a teacher at a low-income school prior to becoming a mother.

René Camp said she feels like children are being set up for failure. She said that in the Constitution, parents have a fundamental right to their childrens’ education.

She critiqued the School Board’s previous practice of keeping parents out of the building during its public comment sessions when people address the board.

“I’m hoping that as a School Board, we start listening to each other. … We are America we are unlike any country in the world. We have freedom,” she said.

Julia Sisson is a CPA who campaigned for the At-Large seat in the 2019 election.

She said that while she ran as a Republican, school issues should be non-partisan.

“Right now, this board is not working together as a team, and everyone can see it,” she said.

As of press time, it is unclear as to when a candidate will be appointed.

The appointee will assume office on Dec. 31. n

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Public Safety In-Custody Death in Leesburg Under Investigation LOUDOUN NOW STAFF REPORT

Following the death of a 26-year-old man who was in Leesburg Police custody Friday night, a regional task force has been called in to review the incident.

According to a statement issued by the police department Saturday morning, the agency received a call at 6:32 p.m. Dec. 3 to assist rescue units on a call at the Best Western Leesburg hotel where a man was exhibiting irrational behavior in the lobby. The caller reported the man appeared to be on drugs or experiencing a medical emergency.

According to Laura Rinehart, public information officer for the Loudoun

fire-rescue system, a fire crew was the first to arrive on the scene and located the man, later identified as 26-year-old Brian White of Leesburg, in the hotel parking lot. Leesburg Police officers arrived shortly thereafter.

While fire-rescue personnel were attempting to administer aid, White was agitated and combative, according to the report. Officers then restrained him in handcuffs while he received medical treatment. He continued to be combative, and officers then secured him in leg restraints.

IN-CUSTODY DEATH continues on page 12

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Fairfax County Police have charged a 26-yearold Aldie man with possessing and producing child sexual abuse material.

Detectives said the suspect, Ted NaNasol sol, was a coach with the Dulles South Track Club and are investigating whether other juvenile victims may be involved with the case.

According to the report, the investigation began earlier this year when a juvenile reported an attempted extortion to a parent. Detectives said Nasol contacted the victim by text message in January demanding unlawful images and threatening to release illicit images to the victim’s family members if the victim did not comply.

Detectives determined one of the victim’s social media accounts was illegally accessed last fall when the victim received a text message from someone claiming to be a support specialist of a social media company and obtained information needed to access the vic-

tim’s account. Investigators said Nasol then uploaded images of the victim to his phone. In January, Nasol texted the victim with the same illicit images demanding more.

On Nov. 12, detectives executed a search warrant on Nasol’s home and recovered several electronic devices that contained images of child sexual abuse material.

Nasol was arrested Dec. 1 and charged with use of a computer to solicit a minor, two counts of reproduction of child pornography, and production of child pornography. Nasol was held without bond. Fairfax County detectives are coordinating with the Loudoun County Sheriff’s Office for the potential of additional charges.

Nasol was a coach with the Dulles South Track Club where he interacted with many juveniles, and detectives are asking anyone who has information or may have had inappropriate contact with Nasol to call the Fairfax County Police Major Crimes Bureau detectives at 703-246-7800, option 3.

Tips may also be submitted anonymously through Crime Solvers by phone at 1-866-411-TIPS (866-4118477), or by text by sending “FCCS” plus tip to 847411. n

LOUDOUNNOW.COM

DECEMBER 9, 2021

Arnetts Sentenced to Prison for Fraud LOUDOUN NOW STAFF REPORT

Jeanine Arnett and her husband Diallo have been sentenced to prison terms on bank fraud charges stemming from her embezzlement of more than $228,000 while she was executive director of Delta Sigma Theta Sorority, Inc., a national sorority and charitable organization in the District of Columbia.

Arnett is the former chief of staff for County Chair Phyllis J. Randall (D-At Large). County officials have said they have found no evidence of improper use of funds during her work for Randall. Arnett joined Randall’s office as chief of staff at the beginning of Randall’s first term in 2016. She left Randall’s office in July 2017 to take the job at Delta Sigma Theta, the largest Black American women’s organization in the world with more than 300,000 members around the globe, and second only to the NAACP in size among organizations representing Black Americans.

Delta Sigma Theta terminated Jeanine Arnett’s employment in August 2019, and discovered financial irregularities a month later, leading to a criminal investigation.

Arnett returned to Loudoun County to take her old job again before the embezzlement came to light.

Randall said at the time she was unaware of the issues at the sorority until she was contacted by the sorority informing her that Arnett had been under investigation for the past year by the FBI. She sent Arnett home the same day.

The Arnetts, of Purcellville, pleaded guilty in April and were sentenced on Nov. 23 in the U.S. District Court for the District of Columbia. Jeanine Arnett was sentenced to 16 months in prison, and Diallo Arnett was sentenced to 12 months and a day. Upon completion of their prison terms, they will be placed on five years of supervised release, and must also pay $228,357 in restitution, and an identical amount in a forfeiture money judgment.

The Arnetts admitted that between October 2017 and September 2019, Jeanine Arnett misappropriated more than $228,000 from Delta Sigma Theta’s bank accounts through, among other things, ACH money transfers and credit card transactions. That included unauthorized and fraudulent charges for personal items and expenses at, among other places, Amazon, Avis Rent a Car, Century Twenty-One, Coach, GEICO, and T-Mobile. In addition, the Arnetts used the Square Cash App to make nine transactions to transfer $14,162.50 to their account. n

PAGE 11

SAFETY briefs personnel restricted entrance to the school, and additional members of the Sheriff’s Office School Resource Officer Unit were dispatched to the campus out of an abundance of caution.

The next day, investigators linked the call to Robert M. Ruiz, 31, of Alexandria.

He was charged with use of profane, threatening, or indecent language over public airways. He was served the misdemeanor warrant with the assistance of the Fairfax County Police Department.

Alexandria Man Charged in Stone Bridge Threat A 31-year-old Alexandria man faces a misdemeanor charge after he allegedly made a telephone threat that put Stone Bridge High School on lockdown last week.

According to the Sheriff’s Office, the investigation stemmed from a phone call that was answered around 10:45 a.m. Nov. 30 by a Stone Bridge High School staff member. After the call, the Stone Bridge High School staff and School Safety and Security

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In-custody death continued from page 10 An ambulance arrived in the hotel parking lot at approximately 6:56 p.m., according to Rinehart. White continued to be combative and violent, Rinehart said, as fire-rescue personnel attempted to load him into the ambulance for transport to the hospital. He eventually was transferred by ambulance to Inova Loudoun Hospital in Lansdowne. During the transport, he remained agitated and combative

Safety briefs continued from page 11 demands of the caller and was scammed out of his money.

The phone scammer had “cloned” the Area 11 Office phone number and identified himself as a trooper or Sergeant Johnson.

“This is a scam, as no law enforcement agency will call a person to say he/she is under arrest, has an outstanding warrant, and/or owes money. If anyone receives this call, hang up,” the State Police stated

DECEMBER 9, 2021

and fire-rescue personnel were not able to provide any medical care, or even take his vital signs, during the ambulance ride, Rinehart said. He spent the entirety of the ambulance ride, she said, thrashing around and attempting to get out of his restraints.

A Leesburg Police officer remained with White during the ambulance transport and at the hospital when his medical treatment was turned over to the hospital staff. The ambulance arrived at the hospital at 7:29 p.m., Rinehart said. He was alive when he arrived at the hospital, she said.

According to Officer Michael Drogin,

public information officer for the police department, White received at least preliminary medical care from hospital staff, before being pronounced dead at 7:53 p.m.

Hospital spokeswoman Renee Brohard said Inova could not provide further details on the patient’s care because of HIPAA regulations.

Leesburg Chief of Police Gregory Brown requested the Northern Virginia Critical Incident Response Team investigate the case. CIRT is a multi-jurisdictional team designed to provide standardized and independent investigations in critical inci-

dents, such as in-custody deaths. In addition to the CIRT investigation, Leesburg Police is conducting an administrative investigation, Drogin said. While White was in the hospital at the time of his death, he was still under the custody of the police department.

An autopsy will be conducted by the Office of the Chief Medical Examiner to determine cause and manner of death. This remains an active investigation and anyone with information related to this incident is asked to contact the Leesburg Police Department at 703-771-4500. n

in the alert.

Residents should know that law enforcement officers never call by phone to request payments or to clear arrest warrants, and that no court or law enforcement agency would request a payment with gift cards. Residents should not rely on caller ID to confirm the validity of calls as such numbers can easily be replicated by thieves. Also, credit card account information should not be provided over the phone. Telephone scams should be reported to the Federal Trade Commission at ftc. gov, according to the VSP alert.

3 Leesburg Business Hit by Thieves

On Monday morning two additional businesses reported overnight break-ins, one in the 300 block of East Market Street and one in the 0 block of Catoctin Circle SE. Property was taken in one of the burglaries and cash was taken in the other.

In all three cases, entry was made through a shattered plate glass entry door.

The department is recommending business owners take precautions to discourage thieves, including leaving interior lights on, keeping empty cash drawers open while the business is closed, and installing motion-activated lighting, security cameras, and alarms. n

Someone broke into three Leesburg businesses Sunday night by smashing the glass entry doors, according to the Leesburg Police Department.

The agency was called just before 11:15 p.m. Dec. 5 for a report of a burglary in progress at a business in the 700 block of East Market Street. An employee who was at the business at the time startled the subject or subjects and they fled the area prior to law enforcement arrival, according to the report.

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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. Regular Full-Time Positions Position

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Senior Buyer/Contracts Administrator

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Public Works & Capital Projects

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Utility Plant Technician or Senior Utility Plant Technician

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Nonprofit

DECEMBER 9, 2021

GIVING Back

Schaufeld Joins Claude Moore Board LOUDOUN NOW STAFF REPORT

Karen Schaufeld has been appointed to the Claude Moore Charitable Foundation Board of Trustees, Executive Director J. Hamilton Lambert announced during the foundation’s monthly meeting in December.

“Karen represents the best our community has to offer and it is an extraordinary

Schaufeld

honor and privilege to have her join our Board of Trustees,” Lambert stated. “Her breadth of experience in helping others will complement our board tremendously.”

Schaufeld already was serving as

a member of the foundation’s advisory board. Her appointment as a trustee, effective Jan. 1, increases the board to six seats.

She is a philanthropist, author, entrepreneur and lawyer. She is founder and president of 100WomenStrong, co-founder of All Ages Read Together, serves on SCHAUFELD continues on page 15

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The Capital Caring Elf Squad makes deliveries.

Elf Squad Makes Deliveries The Capital Caring Pediatric Elf Squad was busy last weekend wrapping and delivering hundreds of gifts to children facing a life-limiting prognosis.

The gifts were donated by residents and businesses throughout the region and distributed to children at the Capital Caring Health Adler Center in Aldie.

“The Elf Squad is creating meaning for children in their final weeks, days, and hours. This activity not only brings joy in a time of these families’ lives when it’s hard to find — it extends the capacity of our core team, bolstering our hearts too. Selfless volunteers are showing children and their families they are cared for in a very personal way. This project represents people showing up with big hearts, demonstrating what is so good in our world,” Tara Hoit, executive director of Capital Caring Kids, said.

Capital Caring Health provides $3 million annually in inpatient care services to families without coverage or financial means to pay for the care they need.

Learn more at capitalcaring.org.

Chesterbrook Students Contribute to Hunger Relief Students at Chesterbrook Academy Preschool in Sterling recently donated more than 430 food items to Loudoun Hunger Relief.

Over the past month, students held a food drive and learned the importance of giving back to the community, especially during the holiday season.

Last year, Loudoun Hunger Relief distributed 2.6 million pounds of food to families and individuals. Of those served, 40% are children and another 11% are senior citizens. n

LOUDOUNNOW.COM

DECEMBER 9, 2021

PAGE 15

Jingle Bell Rock & Run Returns The Jingle Bell Rock & Run race will be held Saturday, Dec. 11 to kick off its 11th year and fundraise for Inova’s Life With Cancer, a nonprofit working to enhance the quality of life for people affected by cancer.

The event includes a 5K/10K race and the 1K Jammie Jingle Fun Run, and the after party includes holiday music, pizza and snacks at the finish line, caroling, and special holiday performances by the Blue Ridge Thunder cloggers and Virginia Bronze bell ringers. Returning race traditions also include post-race massages and free family fun activities.

More than $5,000 in awards and prizes will be given out during the event, including for the best holiday costume, the fastest team, the largest school team and largest team.

Registration is open until race morning at RingingInHope.com. Race-day registration will be available on site starting at 7:30 a.m. Races will start and finish on the grounds of Christian Fellowship Church at 44505 Atwater Drive in Ashburn, starting at 9 a.m.

Volunteers are needed to help accommodate the crowd and help with race course duties and family activities.

Volunteers are eligible to receive high school service credit hours. Interested volunteers may email Ringing In Hope at info@ringinginhope.com.

For more information, go to RingingInHope.com. n

Schaufeld continued from page 14 the Middleburg Film Festival Board of Directors and as co-chair of Wolf Trap’s Next Chapter Initiative. She is also a member of the National Council on White House History and works as CEO of SWaN Hill Top focusing on Hill Top House Hotel in Harpers Ferry, WV. She recently received the Northern Virginia Community Foundation’s highest award, its Community Leadership Award.

The Claude Moore Charitable Foundation was founded in 1987 to provide assistance for charitable and educational purposes. The foundation has donated more than $24 million in charitable grants to nonprofits in Loudoun County.

For more information, go to claudemoorefoundation.org. n

The Town of Leesburg invites you to enjoy and experience the holiday magic of historic Leesburg.

OLD TIME CHRISTMAS

Saturday, December 11th • 12:00-3:00pm

Photos with Santa, cookie decorating, carolers, strolling holiday characters. www.downtownleesburgva.com

CHRISTMAS AND HOLIDAY PARADE Saturday, December 11th • 6:00pm The parade will usher Santa and his friends through historic downtown Leesburg.

GIRL’S NIGHT OUT

Thursday, December 16th • 4:00-7:00pm

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LOUDOUNNOW.COM

PAGE 16

12

DECEMBER 9, 2021

Business

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DataBank leaders, contractors and Loudoun Department of Economic Development Executive Director Buddy Rizer take part in a groundbreaking ceremony for the company’s planned 40-megawatt facility in Ashburn.

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DataBank Breaks Ground on 40MW Data Center in Ashburn

BY RENSS GREENE

rgreene@loudounnow.com

Protect the ones you love,

get your flu shot today.

@vaccinatevirginia

Data center company DataBank has taken a big leap into the largest data center market in the world, breaking ground on a planned 200,000-square-foot facility next to its existing, smaller facility in Ashburn.

The new data center, IAD3, will offer 4 MW of power initially with plans to offer as much as 40 MW, almost tripling the company’s capacity in the Northern Virginia region, joining two existing facilities in Ashburn and McLean with a

Inova Rehab Center Ranked Among Top Nursing Homes Inova Loudoun Nursing and Rehabilitation Center in Leesburg is among the 13% of U.S. skilled nursing facilities that have been recognized as a Best Nursing Home for 2021-22 by U.S. News & World Report.

The center earned Best Nursing Homes status by achieving a rating of “High Performing,” the highest possible rating, for Short-Term Rehabilitation and Long-Term Care.

“What an honor it is be among this elite group of top nursing homes. I’m grateful for each team member that provides world-class healthcare to every patient, and the families, we are privileged to serve,” stated Inova Loudoun

total of 22.5 MW of power across 111,000 square feet.

“This is a major play for us, a major move,” said DataBank Vice President, Sales Scott Palsgrove. “You’ve got some large enterprise players, large cloud players, and we’re more of an edge-focused company. And I think with a play like this, this is a really huge step in the evolution of DataBank.”

DataBank operates larger centers on the West Coast and Midwest, IAD3 is the company’s first major build on the East DATABANK continues on page 17 Hospital President Susan Carroll.

Now in its 12th year, the U.S. News Best Nursing Homes ratings and profiles offer information about quality of care, COVID-19 vaccination requirements for residents and staff, flu and pneumonia vaccination rates, and infection control violations listed on the resident safety summary. Out of 13,175 nursing homes that received a long-term care rating, 1,063 were designated as high-performing. The shortterm care rating incorporates measures of quality including consistency of registered nurse staffing, use of antipsychotic drugs and success in preventing falls. For 2021-22, 13,500 facilities received a short-term rating, while only 1,651 homes earned a high-performing rating. n

DECEMBER 9, 2021

LOUDOUNNOW.COM

PAGE 17

Biohealth Startup to Establish $5M HQ in Loudoun LOUDOUN NOW STAFF REPORT

Athari Biosciences has selected Loudoun County for its new corporate headquarters.

The project includes a wet lab, a tech lab, research and development and office space and is expected to open in early 2022. The project is expected to create 50 jobs with a total investment of $5 million, according to the county’s Department of Economic Development.

The Board of Supervisors on Dec. 7 was expected to approve a $120,000 cash incentive to support the completion of the lab space. The incentive was proposed by the Department of Economic Development, which worked with Athari in the search.

“We are very proud to welcome Athari to our innovative business ecosystem at the nexus of health and technology,” DED Executive Director Buddy Rizer stated.

“The need for equitable health technology has become evident over the past two years, and Athari’s commitment to Loudoun reinforces the opportunities for innovation in our community.”

Founder and CEO Susan Mitchell is described as a serial entrepreneur who previously co-founded Guardians of Honor, a grants management, research, and evaluation government contract consulting firm.

After living in Loudoun County for more than 20 years and serving as a board member for STEM for Her, vice chairwoman of the Loudoun Chamber’s GovCon Committee, and a recently appointed member

DataBank continued from page 16 Coast, he said, and one of 10 major projects currently under development.

“DataBank is investing extensively across our portfolio nationwide, and IAD3 represents a tremendous opportunity for our clients to take advantage of Ashburn’s location and proximity to 70% of the world’s internet traffic,” stated DataBank CEO Raul Martynek. “This Ashburn data center more than doubles our colocation footprint in Loudoun County, providing a high-quality colocation solution for cloud, content, technology and Fortune 500 customers.”

The facility is expected to be ready for service in 2023. For more information go to databank.com. n

of Loudoun’s Economic Development Advisory Commission, Mitchell sought to locate her latest venture in Loudoun.

“The word ‘Athari’ means ‘impact’ in Swahili. Progress happens when we unite the best and brightest minds through a common purpose, and the place to do that is in Loudoun County,” Mitchell stated.

“Loudoun’s ready access to smart people, wet and tech lab space, and the populations we serve, make it the perfect place for our health equity accelerator. Now that we know our ‘where,’ we can work to diversify the ‘who’ and ‘how’ of STEM industries, fixing the problem of underrepresentation and increasing our global health insights.”

The announcement highlighted 2021 research from the Bedford Group that found individuals who identify as female represent just 14.2% of biohealth industry leadership, while minorities comprise only 14% of leadership. Athari’s goal is to break down silos within the healthcare industry, offering research and developCOLOR: Right click ment, lab services, education, and training to address health inequity. n

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LOUDOUNNOW.COM

DECEMBER 9, 2021

Our Towns

AROUND towns

Birthplace of Wright Brothers’ Mother Celebrated Anew

HILLSBORO

BY NORMAN K. STYER nstyer@loudounnow.com

On Dec. 17, 1929, a crowd estimated at 1,000 people gathered in Hillsboro to witness the unveiling of a roadside historical marker highlighting the birth site of one of the world’s most important mothers of invention—or at least mother of inventors.

Next Friday, 92 years after that ceremony, a new crowd will gather to witness the unveiling of a restored marker that honors Susan Koerner Wright, the mother of aviation pioneers Wilbur and Orville Wright, as well as her daughter, Katherine Wright Haskell, who played in important role in guiding her brothers following their mother’s death.

The marker was displayed along the town’s main throughfare for nearly a century, before being removed during construction of the ReThink9 traffic calming and municipal infrastructure project.

During its hiatus from public view, the Short Hill Historical Society, Hillsboro Preservation Foundation, and the Town of Hillsboro undertook a restoration of the memorial.

Susan Koerner Wright was born April 30, 1831, on the Hillsboro farm where her German immigrant father, John Gottlieb Koener, worked as a wagonmaker. She left Loudoun County in 1853 to attend Hartville College in Indiana. That year, she met and married Milton Wright and they raised their family in Indiana and Ohio. She is credited with instilling in her boys the skills to create, starting with their own toys and playthings, and the desire to pursue intellectual interests. The marker describes her as “A notable woman who largely guided and wisely inspired her sons to their immortal discovery.”

At the time of her death in 1889, Orville and Wilbur were young men and their younger sister is credited as a close collaborator and vital supporter. The marker memorializes her “sisterly devotion” that “aided in giving mankind access to the unlimited aerial highway.”

The effort to memorialize the birthplace of the Wright Brothers came from an unusual source: the Rivanna Garden Club of Charlottesville. It was only after its members launched the memorial project that they learned Wright wasn’t born in the nearby Hillsboro in Albemarle

Photo by Lauren Markham

Contributed

Above, a view of the Susan Koerner Wright historical marker before it was removed to make way for Hillsboro’s recently completed streetscape improvements and sent away for restoration. At left, a view of the same space, where the memorial will be reinstalled, following the construction of traffic calming and pedestrian improvements in town.

County—since renamed Yancey Mills— but in the western Loudoun County town.

But they pressed ahead with the effort.

According to the account of the unveiling ceremony on the front page of the Dec. 19, 1929 Blue Ridge Herald newspaper, five members were present at the ceremony, along with representative of the University of Virginia, and five members of the extended Wright family.

Hillsboro Mayor D.T. Link formally accepted the marker on behalf of the community. Longtime Loudoun attorney Wilbur C. Hall, then representing Loudoun in the House of Delegates, also address the crowd.

“Today air-minded Americans turn to this modest village to pay tribute to this departed mother of Orville and Wilbur Wright, genii of the twentieth century, who, 26 years ago today, made the first successful flight with a heavier-than-air machine,” the article quoted him as saying.

Nine decades later, today’s Hillsboro leaders plan no less of a tribute.

The memorial rededication program, scheduled to start at 9:30 a.m. Friday Dec. 17, will feature remarks by U.S. Rep. Jennifer Wexton, groundbreaking commercial pilot Laura Savino, and historian Eugene Scheel. Also attending will be a representative of the Rivanna Garden Club, Lori Morin.

An extra tribute will come in the form of a flyover of some 20 airplanes being organized by the Leesburg-based Smokehouse Pilots Club.

Mayor Roger Vance said the rededication also is being used in the Hillsboro Charter Academy to promote its STEM programs, and students will be included in the program. “It’s an opportunity to promote to the younger kids that women have a role in aviation as well,” Vance said.

Although the sign has been on display for more than 90 years, it’s likely relatively few have had an opportunity to stop and read it. Until this year, it was posted on a busy highway with no sidewalks. After the town’s transformational ReThink9 project, that should change.

“Now, people can actually walk by a see it without taking their live in their hands,” Vance noted. n

The holiday artwork of Hillsboro Charter School third-grader Bjorn Markham, above, and his classmates will greet motorists passing through Hillsboro this month. The new streetlight banners were installed last weekend. The project was coordinated by HCA art teacher Beth Fuller.

LOVETTSVILLE Holiday Light Judges Tour Town Saturday Judging for the annual Light Up Lovettsville decorating competition will hit the streets Dec. 11 from 6 to 8 p.m. in search of the best holiday display—ranging from the most traditional to the most outrageous.

The top prizes are the Bing Crosby Award, for most traditional; the Chevy Chase Award, most outrageous; the Rudolph Award, for first time winners; and Juniper Drive Award, for the best decorated street. The winners will be announced Dec. 16.

Town residents also should keep an eye out for Santa making round with the help of Lovettsville Volunteer Fire and Rescue. Weather and St. Nick’s availability permitting, plans are to tour the Town Center neighborhood Dec. 14, Old Town on Dec. 15 and New Town Meadow and Bavarian Way Dec. 16.

PURCELLVILLE Preservation Overlay Sent to Town Council The town Planning Commission last week completed work on its proposed Historic Preservation Overlay AROUND TOWNS continues on page 19

LOUDOUNNOW.COM

DECEMBER 9, 2021

PAGE 19

Obituaries

Christmas in Middleburg Packs Washington Street Again The Town of Middleburg’s popular Christmas in Middleburg returned Saturday, and despite attempts to control crowds by limiting sales of parking passes it was a packed event.

The centerpieces of the day of festivities on Washington Street were parades by the Middleburg Hunt in the morning, followed by the afternoon community holiday parade.

Restaurants, shops and craft beverage sellers all took part in the day of celebrations.

The holiday season continues in Middleburg; the rest of the town’s holiday plans are at middleburgva.gov/holidays.

—Renss Greene

AROUND towns continued from page 18

Zone, voting unanimously to recommend the Town Council enact new zoning rules to prevent the demolition of buildings deemed to have historic significance.

Since its initial proposal sparked controversy during a public hearing in July, the commission has worked to ensure the new rules provide a balance between efforts to preserve the historic character of town and the rights of property owners.

Among the changes were to exempt accessory buildings, such as sheds, from the demolition requirements; and to attempt to make less onerous the requirement that any building in the protection zone planned for demolition first be offered for sale to buyers who would preserve it.

After five months of work, the second public hearing last month attracted fewer speakers, but critics continued to question the merits of the program, which would cover homes they said have little historic significance.

The overlay zone would cover about 300 properties. The zone would not be contiguous but would include lots or groups of lots with buildings deemed to have historic value. Those properties

include buildings listed or eligible for listing on the national or state historic registers or deemed a local landmark as designated by the Town Council.

The next step in the review process will be a Town Council public hearing early next year.

Block Party, painted Christmas decorations around town, and the Purcellville Halloween Block Party.

Online bidding is open through Dec. 17 at DamewoodAuctioneers.com. The final rounds will be webcast beginning at 7 p.m. that day.

Holiday Events Abound Saturday

Contributed

Purcellville’s Fence Art Displays Go to Auction More months, Purcellville residents and visitors have enjoyed the work of 29 area artist displayed on around town. On Dec. 17, they can bid to take their favorite piece home.

Discover Purcellville organized the “The Words on a Fence” campaign for its annual fundraiser. Each year, the organization sponsors a public art project auction to raise money to support community projects for the following year. This year, events included the End of Summer

This year’s Christmas in Purcellville celebration includes a full day of activities Saturday, led by the parade that starts at noon.

The parade will follow at 2.5-mile loop route that begins and ends at Blue Ridge Middle School, from A Street to Maple Avenue to Main Street and then 20th Street back to the school.

Following the parade, Santa is expected to be available for photos from 2-5 p.m. at the Train Station, where there also will be ornament decorations and a LEGO display.

Also, maps for the self-guided Holiday Lights Tour will be available that day in the events section of the town’s website and its Facebook page.

Santa is scheduled to return Dec. 17 and 18 to ride through town with the Purcellville Volunteer Fire Company. n

Josie Elmira Smith

Age 84 of Loudoun County, Virginia Josie Elmira Smith was born and raised in Loudoun County, VA, on November 5, 1937, to the late Robert and Martha Hill. She departed this life on Tuesday, November 30, 2021, at her home in the care of Blue Ridge Hospice.

She grew up in different areas of Loudoun County, VA. She moved to Boyce, VA in 1982 and has spent the last several years in Winchester and Stephens City.

Josie attended Loudoun County schools.

She has done domestic work and cafeteria work. She retired from Fairfax County Schools as a teacher’s aide. She has been a faithful member of Mt. Olive Baptist Church since 1972. She was Mother of the Church and has served as a dedicated member of these ministries: Jr. and Sr. Usher, Music, Missionary, Culinary, Women’s, Special Projects, Pastor’s Aide and also as a Sunday School Teacher, Superintendent of Sunday School, and Baptist Center Delegate for the Missionary and Church.

Josie is survived by her daughters Ellen Johnson (William) of Odenton, MD; Paula Lloyd (William) of Stephens City, VA; and Audrey Sanders (Frank) of Winchester, VA. Her grandchildren Charo Glomah, Claremont, CA; Antwain Smith, Regensburg, Germany; Tyra Brown (Michael), Atlanta, GA; Tashia Gant, Stephens City, VA; Ronald Smith, Stephens City, VA; and Whitley Johnson, Atlanta, GA. Her great-grandchildren Braylin Glomah, Daevon Smith, Sheriff Brown, Jazmyn Smith, Antwain Smith, Avery Weymouth and Charley Brown.

She is also survived by her sisters Lillian Sims (Phil); Doris Sims (James) and her brother Sylvanious Hill (Eunice). She was preceded in death by her husband Richard Smith, sons Raymond, Troy, and Marc Smith, and brothers Earl, Willard and Henry Hill.

Viewing and visitation will be held on Saturday December 11, 2021, from 10:30 a.m. till time of funeral service 11:00 a.m. at Mt. Olive Baptist Church, Lincoln, VA. Interment will be held at Mt. Olive Baptist Church Cemetery, Lincoln, VA. Arrangements By: Lyles Funeral Service, Serving Northern Virginia, Eric S. Lyles, Director 1-800-3881913

PAGE 20

LOUDOUNNOW.COM

DECEMBER 9, 2021

THINGS to do

Loco Living

HOLIDAY HAPPENINGS ‘A Baby Changes Everything’

Thursday, Dec. 9, Friday, Dec. 10 and Saturday, Dec. 11, 7-8:15 p.m.

Purcellville Baptist Church, 601 Yaxley Drive Purcellville Details: facebook.com/pottersplayers The Potter’s Players present a new story of a struggling teen in the foster care system as she discovers who can fill a hole in her heart.

‘A Christmas Carol’

Norman K. Styer/Loudoun Now

Rick Reaves directs his tuba band performing its annual holiday show Sunday afternoon to a crowd lined up along High Street in Harper’s Ferry.

Tubas, Trombones and Tradition For Rick Reaves, It’s The Most Wonderful Time of The Year

BY JAN MERCKER jmercker@loudounnow.com

For bandleader Rick Reaves, 2021 means jumping back into the holiday whirlwind—with plenty of brass.

Reaves is the founder and director of the Rick Reaves Big Band, whose annual holiday show at B Chord Brewing is a Loudoun institution. He’s also the band director at Loudoun Valley High School and a driving force in the region’s popular Tuba Christmas performances.

Reaves’ annual Christmas concert at B Chord Brewing drew packed houses preCOVID. After a hiatus last year, the show is back in full swing Sunday, Dec. 19, with Reaves as director, singer, and trombonist. Reaves and his band members are enthusiastic about bringing back the holiday magic of the big band sound.

“The holiday music is just tremendous—there are a lot of great charts out there,” Reaves said.

This year’s list includes swinging classics like Glenn Miller’s iconic version of “Jingle Bells” and jazzy favorites, including “Let It Snow,” “The Most Wonderful Time of the Year” with Reaves on vocals and “The Christmas Song.” The band will also bring out a fun arrangement of “Rudolph the Red-Nosed Reindeer” moving through five different styles and Reaves’ arrangement of “O Tannenbaum” based on Vince Guaraldi’s beloved compositions for “A Charlie Brown Christmas.”

Reaves, who has run the band program at LVHS for more than 20 years, grew up in upstate New York with a classically trained pianist mother and a jazz-loving father.

“I got turned on to classical music ear-

ly, but my father always liked jazz. On the stereo, one album would be ‘Swan Lake,’ and the next album would be Henry Mancini,” Reaves said. “Listening to all of that growing up, I really developed a love for it. I just bring that forward.”

He started drum lessons at age 7 and marched in the local fife and drum and drum and bugle corps before turning to one of his great loves: the tuba. Reaves’s tuba skills earned him a full scholarship to Kentucky’s Union College, where he met his wife Nancy, whose Northern Virginia roots brought the couple to Loudoun.

Reaves moved to Loudoun in 1983 and taught in West Virginia schools and at Shepherd College before joining Loudoun County Public Schools in 1994.

Reaves was initially hired at Park View TUBA TRADITION continues on page 22

Friday, Dec. 10 and Saturday, Dec. 11, 7:30 p.m. and Sunday, Dec. 12, 2 p.m.

Franklin Park Arts Center, 36441 Blueridge View Lane, Purcellville Details: goosecreekplayers.com The Goose Creek Players present director Mike Goshorn’s new adaptation of the Dickens classic, with familiar and new elements from the novel. Tickets are $20 for adults and $15 for children and seniors. Masks are required for in-person performances. Virtual viewing options are also available. Performances continue Dec. 17-19.

Hamilton Safety Center Breakfast with Santa

Saturday, Dec. 11, 8:30-10:30 a.m.

Hamilton Safety Center, 39071 E. Colonial Highway, Hamilton Details: facebook.com/ hamiltonsafetycenterauxiliary Join Santa and his elf for the annual breakfast with Santa event. Enjoy a home cooked buffet breakfast with a visit with Santa, followed by a fire truck ride. Admission is $12 for adults, $6 for children 4 to 10 and free for children 3 and under.

Christmas In Hillsboro

Saturday, Dec. 11, 10 a.m.-5 p.m.

Hillsboro Old Stone School, 37098 Charles Town Pike, Hillsboro Details: oldstoneschool.org Christmas in Hillsboro features an artisan and craft market, walking tour of the town decorated for the holidays, and hot beverages for children and adults.

Loudoun Shops Black Holiday Market

Saturday, Dec. 11, 11 a.m.-3 p.m.

Pavilion at BeanTree, 43635 Greenway Corporate Dr, Ashburn Details: loudounshopsblack.com This festive shopping event showcases goods and services from 30 area vendors, including artists, clothing designers, photographers, stylists, toy shops and winemakers. There will also be food trucks, children’s activities, and live music.

THINGS TO DO continues on page 21

LOUDOUNNOW.COM

DECEMBER 9, 2021

PAGE 21

BEST BETS

THINGS to do continued from page 20

Wheatland Spring Christmas Market

Saturday, Dec. 11, 11 a.m.-5 p.m.

Wheatland Spring Farm and Brewery, 38506 John Wolford Road, Waterford Details: wheatlandspring.com Wheatland Spring’s Christmas market features lager beers by Halfway Crooks, Oxbow, Schilling and a new Wheatland Spring lager release, gluhwein, festive foods, curated vendors and a silent auction and raffle to benefit Inova Children’s Hospital.

Christmas In Purcellville Parade

Saturday, Dec. 11, noon Downtown Purcellville Details: purcellvilleva.gov The parade follows a loop around A Street, Maple Avenue and Main Street. This year’s theme is Holidays on Screen with costumes and decor inspired by favorite holiday movies and television specials.

‘Babes In Toyland’

BOAT HOUSE ROW Saturday, Dec. 11, 7 p.m. (doors) Tally Ho Theater tallyhotheater.com

Saturday, Dec. 11, 4 p.m. and 7 p.m. and Sunday, Dec. 12, 4 p.m.

StageCoach Theatre Company, 20937 Ashburn Road, Suites 115 and 120, Ashburn Details: stagecoachtc.com Mother Goose Land is all astir over the rivalry between miserly, mean-hearted Uncle Barnaby and young, handsome Alan for the love of Mistress Mary Quite Contrary. This classic musical is full of action and great songs. Tickets are $15. Performances run through Dec. 23.

‘Amahl and the Night Visitors’

Saturday, Dec. 11, 4 p.m. and 7 p.m. and Dec. 12, 5 p.m.

St. David’s Episcopal Church, 43600 Russell Branch Parkway, Ashburn Details: shakespeareoperatheatre.com The Shakespeare Opera Theatre presents the classic story of overcoming hardship, seeking redemption and the true meaning of Christmas in a tale about three wise men from the East, a young boy and his mother. Tickets are $35-$55.

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JULIANA MACDOWELL WITH MIKE AULT Sunday, Dec. 12, 2-5 p.m.

Doukénie Winery doukeniewinery.com Leesburg Christmas and Holiday Parade

Saturday, Dec. 11, 6 p.m.

King Street, Leesburg Details: leesburgva.gov Santa and friends headline this holiday tradition making their way along King Street from Ida Lee Park to Fairfax Street with civic and community groups.

MSVA ‘Serenity and Renewal’ Holiday Concert

Saturday, Dec. 11, 7 p.m.

St. James’ Episcopal Church, 14 Cornwall Street, NW, Leesburg

HIGH-HEELED HOLIDAY PARTY Thursday, Dec. 16, 6-9 p.m.

Fleetwood Farm Winery highheeledhappyhour.com

Details: msva.org Master Singers of Virginia perform their first live concert in 21 months with a new holiday concert featuring “Christ-Child’s Lullaby” by Gwyneth Walker, “O Magnum Mysterium” by Kevin Memley and holiday classics, including “The Holly and the Ivy” and “O Come O Come Emmanuel.” Concerts also take place Sunday, Dec. 12 at 4 p.m. at Epiphany Episcopal Church in Herndon and Saturday, Dec. 18

THINGS TO DO continues on page 22

LOUDOUNNOW.COM

PAGE 22

THINGS to do continued from page 21

at 4 p.m. at St. David’s Episcopal Church in Ashburn.

Tickets are $25 for adults, $20 for seniors and $15 for students.

LOCO LIVE

Details: tallyhotheater.com It’s a 70s rock party with covers from Boston, Eagles, Fleetwood Mac, Foreigner, Heart, Kansas, Led Zeppelin and other favorites. Tickets are $15 for general admission, $35 for VIP seats.

Short Hill Mountain Boys

Friday, Dec. 10, 8 p.m.

Monk’s BBQ, 251 N. 21st St., Purcellville Details: monksq.com Get festive with bluegrass, old-time and classic country and folk music from a local favorite.

Live Music: Matt Holloman

Friday, Dec. 10, 4 p.m.

Dirt Farm Brewing, 18701 Foggy Bottom Road, Bluemont Details: dirtfarmbrewing.com Holloman’s acoustic performances bring fun improvisation and unexpected layers of sound.

Live Music: Berlin Calling

Friday, Dec. 10, 7 p.m.

ChefScape, 1602 Village Market Blvd. # 115, Leesburg Details: chefscapekitchen.com It’s an ’80s dance party with favorite tunes from Berlin Calling.

Live Music: Foreplay

Friday, Dec. 10, 7 p.m.

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

David Davol returns to Breaux with folk rock and country favorites from the Eagles to James Taylor.

Live Music: Clark Peklo

Saturday, Dec. 11, 2 p.m.

Lost Rhino Brewing Company 21730 Red Rum Drive, Ashburn Details: lostrhino.com Peklo is back at Lost Rhino with his repertoire of cool, unexpected covers and a strict No Eagles policy.

Live Music: Juliet Lloyd Trio

Saturday, Dec. 11, 5:30 p.m.

Flying Ace Distillery and Brewery, 40950 Flying Ace Lane, Lovettsville Details: flyingacefarm.com Singer/songwriter/pianist Juliet Lloyd brings pop, rock and classic soul favorites to Flying Ace.

Live Music: Matty D

Saturday, Dec. 11, 6 p.m.

Bear Chase Brewing Company, 18294 Blue Ridge Mountain Road, Bluemont Details: bearchasebrew.com Matt Davis returns to Bear Chase with favorite tunes from a range of genres and eras.

Live Music: Freddie Long

Friday, Dec. 10, 5:30 p.m.

Flying Ace Distillery and Brewery, 40950 Flying Ace Lane, Lovettsville Details: flyingacefarm.com Long is part introspective singer/songwriter, part bluesy classic rocker for a perfect brewery afternoon vibe.

DECEMBER 9, 2021

Live Music: Mark Cullinane

Live Music: Boathouse Row

Saturday, Dec. 11, 2 p.m.

Two Twisted Posts Winery, 12944 Harpers Ferry Road, Hillsboro Details: twotwistedposts.com Cullinane is back with acoustic classic rock tunes for a fun afternoon.

Saturday, Dec. 11, 7 p.m.

Tally Ho Theater, 19 W. Market St., Leesburg Details: tallyhotheater.com It’s a summer vibe in December with mellow yacht rock from Boat House Row. Tickets are $20 for general admission, $40 for VIP seats.

Live Music: David Davol

Live Music: Liberty Street

Saturday, Dec. 11, 2 p.m.

Breaux Vineyards, 36888 Breaux Vineyards Lane, Hillsboro Details: breauxvineyards.com

Saturday, Dec. 11, 8 p.m.

Monk’s BBQ, 251 N. 21st St., Purcellville Details: monksq.com Kick back with soft rock favorites from Eric Stanley and Doug Wall.

Tuba tradition continued from page 20 High School and went in with a mission to bring jazz into Loudoun schools. Reaves set up the county’s thriving all-district jazz band and helped revive the all-state jazz band program. Reaves and his family settled in Purcellville, where he was well-known in the community as a coach and volunteer firefighter. In 1999, legendary LVHS principal Ken Culbert snagged Reaves to run the band program at the school just minutes from his home. There, Reaves continues to inspire students and develop award-winning ensembles and marching band programs.

But Reaves has also made a name for his own musical pursuits. While teaching in West Virginia in the ’80s, a group of band directors started a tradition of putting on an informal performance before regional student concerts.

“One of the guys said, ‘You know what, we ought to start a band,’” Reaves said.

That educator-created band started out as the Gary Marvel Orchestra and then became the Martinsburg Jazz Orchestra more than two decades ago. Reaves

Renss Greene/Loudoun Now

Rick Reaves takes part in the Christmas in Middleburg parade Saturday, Dec. 4.

split off from that group to start his own 16-piece band four years ago. His first big gig was a Father’s Day show at B Chord Brewing. And when owner Marty Dougherty came up with the idea of a Christmas show, Reaves was all in.

Reaves’ musicians include educators,

a truck driver, a restaurant manager, and several IT professionals, including vocalist Mary Hott, whose performances are a hit every year at the holiday show.

“She’s just amazing,” Reaves said.

For Reaves, the Dec. 19 show is the shining star on a very busy holiday sea-

Live Music: Caveman TV Presents The Beatles

Saturday, Dec. 11, 8 p.m.

B Chord Brewing, 34266 Williams Gap Road, Round Hill Details: bchordbrewing.com This experimental music collaboration from members of The Woodshedders, Plate Scrapers and Plank Stompers takes on the Beatles at this free show.

Live Music: Jason Masi

Sunday, Dec. 12, 1 p.m.

Breaux Vineyards, 36888 Breaux Vineyards Lane, Hillsboro Details: breauxvineyards.com Masi returns to Breaux for a mellow afternoon of acoustic soul and R&B.

Live Music: Lenny Burridge

Sunday, Dec. 12, 2 p.m.

Flying Ace Distillery and Brewery, 40950 Flying Ace Lane, Lovettsville Details: flyingacefarm.com Celebrate Sunday with acoustic blues and Americana, classic rock and new rock from Lenny Burridge.

COMING UP Laugh Out Loud Virtual Comedy Jam Benefit

Saturday, Dec. 19, 7-9 p.m.

Details: psirhoomega.com Loudoun’s Psi Rho Omega chapter of the Alpha Kappa Alpha Sorority Inc. hosts a virtual holiday comedy jam featuring comedians Mz WallStreet and Cam Rowe with music by DJ Shanel Ashley. Tickets are $40. Proceeds go to scholarship and community service programs. Visit the website for tickets and information.

son, with nine performances between Thanksgiving and Christmas and lots of parades and community events with his high school ensembles. Reaves also organizes yearly Tuba Christmas performances, pulling tubas, euphoniums and sousaphones from around the region. The tuba shows, which feature anywhere from five to 57 players, focus more on traditional carols than jazz favorites, Reaves said. Tuba Christmas performs each year at Harpers Ferry’s Old Tyme Christmas celebration and returns to its annual show at Village at Leesburg Sunday, Dec. 12.

“I make jokes that ‘Carol of the Bells’ was written for tubas because they have the largest bell in the place,” Reaves said with a laugh. “We have a great time.”

The Rick Reaves Big Band’s annual Christmas show takes place Sunday, Dec. 19 at 6 p.m. at B Chord Brewing. Admission is free for this family-oriented event.

For more information about Rick Reaves, go to facebook.com/rickreavesjazz. n For details on the Tuba Christmas performance at Village at Leesburg on Sunday, Dec. 12 from 2 p.m. to 3 p.m., go to villageatleesburg.com/events/ tuba-christmas.

DECEMBER 9, 2021

LOUDOUNNOW.COM

PAGE 23

LOUDOUNNOW.COM

PAGE 24

Carlhelm continued from page 3 Trust would take back possession of Carlheim Manor and release the Arc from its obligation to maintain Carlheim Manor, in exchange for a small distribution of this year’s Shocktober proceeds that will be used to address urgent maintenance issues.”

Trustee Paige Buscema said it was still too soon to determine whether any needed restoration work will prevent the Shocktober fundraiser from going on as planned next year. She said the haunted house installations must first be removed from the mansion so structural engineers can conduct an assessment of the building and determine what work needs to be done immediately.

In recent months, much has been made of plans for the Paxton property, with some questioning the intentions of both the Trust and INMED, which at one point was exploring a special exception to operate a school. The Trust has maintained that the Arc remains a critical part of the property’s future going forward, but that it was moving towards a “mosaic” approach to the property, which would not be home to just one use or nonprofit.

The announcement notes the work underway on a comprehensive plan for the entire Paxton estate.

The objectives of the plan, it said, include a new state-of-the-art center specifically designed for the Arc, and the renovation of Carlheim Manor.

“Bringing the campus up to date, providing the Arc of Loudoun the infrastructure they need to grow their services for children in need here long term, and making sure that Carlheim Manor can stand proud in the service of children for another 100 years is of the utmost importance to us and the community at large,” Buscema stated. n

DECEMBER 9, 2021

Legal Notices

V I R G I N I A: IN THE CIRCUIT COURT OF LOUDOUN COUNTY

TOWN OF LOVETTSVILLE NOTICE OF PUBLIC HEARING PURSUANT TO SECTION 15.2-2507 OF THE CODE OF VIRGINIA, 1950, AS AMENDED, TO CONSIDER A SUPPLEMENTAL APPROPRIATION Pursuant to Section 15.2-2507 of the Code of Virginia, 1950, as amended, the LOVETTSVILLE TOWN COUNCIL will hold a public hearing on December 16, 2021 at 6:30 p.m. in the Town Council Chambers, 6 E. Pennsylvania Aveneue, Lovettsville, Virginia to consider the following budget amendment: A supplemental appropriation of American Rescue Plan Act of 2021 funding in the amount of $1,140,136 to the Fiscal Year 2022 budget, which exceeds one percent of the total expenditures shown in the Fiscal Year 2022 adopted budget.

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

A copy of any additional information regarding the proposed appropriation is 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.

12/2, 12/9

CLAUDIA ROJAS (Plaintiff) v.

JOSE BAIA (Defendant) Civil Case No. CL 21-5447-00

ORDER OF PUBLICATION THE OBJECT of the above-styled suit is to obtain a divorce, and to determine custody of the minor child of the parties; and IT APPEARING by affidavit filed accordingly that the Defendant in the above-titled cause does not reside in the Commonwealth of Virginia; it is therefore ORDERED that the said JOSE BAIA, appear in the Circuit Court of Loudoun County, Virginia, located at 18 E. Market Street, Leesburg, Virginia on or before the 25th day of February, 2022 at 2:00 p.m. and do what is neccessary to protect his interests; and it is further ORDERED that this order be published one a week for four successive weeks in LOUDOUN NOW, a newspaper of general circulation in the County of Loudoun; that a copy of this order by posted pursuant to Virginia Code § 1-211.1, and a copy mailed to the Defendant at his last known address as stated in the affidavid filed herein.

ENTERED ON 11/19/21 11/25, 12/02, 12/9 & 12/16/2021

TOWN OF LEESBURG NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO ZONING ORDINANCE ARTICLES 9, 10 AND 18 Pursuant to Sections 15.2-1427, 15.2-2204, 15.2-2205 and 15.2-2285 of the Code of Virginia, 1950, as amended, the LEESBURG PLANNING COMMISSION will hold a public hearing on THURSDAY, DECEMBER 16, 2021, at 6:00 p.m. in the Town Council Chambers, 25 W. Market Street, Leesburg VA 20176 to consider the following amendments to the Zoning Ordinance: 1.

2.

3.

Section 9.4 Accessory Uses, creating a new accessory use “Donation Box” with performance standards.

Section 10.4.5.C Extensions into Required Yards, amending certain encroachments into required yards.

Section 18.1 Terms Defined, adding a definition for Donation Box.

Copies and additional information regarding each of these proposed Zoning Ordinance amendments are available at the Department of Planning & Zoning located on the 2nd floor of Leesburg Town Hall, 25 W. Market Street, Leesburg VA 20176 during normal business hours (Mon.Fri., 8:30 a.m. to 5 p.m.), or by contacting Michael Watkins, Zoning Administrator, via email at mwatkins@leesburgva.gov, or via telephone at 703-737-7920. This zoning ordinance amendment application is identified as case number TLOA-2021-0003.

At this hearing all persons desiring to express their views concerning these matters will be heard.

Persons requiring special accommodations should contact the Clerk of the Commission at (703) 7712434, three days in advance of the meeting. For TTY/TDD service, use the Virginia Relay Center by dialing 711.

12/02 & 2/09/21

A message to elderly and disabled Loudoun County residents from

Robert S. Wertz, Jr.

Commissioner of the Revenue Residents 65 and older or totally and permanently disabled who wish to apply for 2021 Real Property Tax Relief for the first time must submit an application to my office by the January 3, 2022 filing deadline.

Please visit our website or contact my office for information or filing assistance.

Leesburg Office 1 Harrison Street SE First Floor Sterling Office 21641 Ridgetop Circle Suite 100 Internet: www.loudoun.gov/taxrelief Hours: 8:30 AM to 5:00 PM, M - F Phone: 703-737-8557

LoudounNow.com

Email: taxrelief@loudoun.gov Mailing Address: PO Box 8000, MSC 32 Leesburg, VA 20177-9804 12/2, 12/9, 12/16, 12/23 & 12/30/21

Leg

LOUDOUNNOW.COM

DECEMBER 9, 2021

PAGE 25

Legal Notices Loudoun County Public Schools

Public Notice

Fiscal Year 2023 – 2028 Capital Improvement Program Fiscal Year 2023 – 2028 Capital Asset Preservation Program

Vacancy The Town of Leesburg Tree Commission

The Loudoun County School Board has scheduled a series of meetings for the Fiscal Year 2023–2028 Capital Improvement Program (CIP) and Capital Asset Preservation Program (CAPP) budgets.

Date

Time

School Board Meeting Topic

Tuesday, November 9, 2021*

6:30 p.m.

Superintendent’s Recommended FY2023-FY2028 CIP & CAPP Budgets Presented to School Board

Monday, November 15, 2021

7:00 p.m.

School Board FY2023-FY2028 CIP & CAPP Public Hearing/Work Session

Monday, November 29, 2021

7:00 p.m.

School Board FY2023-FY2028 CIP & CAPP Public Hearing/Work Session

Tuesday, December 14, 2021*

6:30 p.m.

School Board Adoption of FY2023-FY2028 CIP & CAPP Budgets

*Regular School Board Business Meeting All meetings will be held at the Loudoun County Public Schools (LCPS) Administration Building located at 21000 Education Court in Ashburn. The meetings will also be broadcast live on Comcast Channel 18 and Verizon Fios Channel 43, as well as viewable via simultaneous webcast on the LCPS website (www.lcps.org).

In-person comment will be accepted at the identified public hearings. Detail on how to sign up to speak at the hearings is posted on the LCPS webpage (https://www.lcps.org/Page/226240). Speakers may sign up in advance by contacting the Superintendent’s Office at 571-252-1020. Speaker registration will also be accepted at the LCPS Administration Building beginning 30 minutes prior to the meeting, until five (5) minutes before the start of the meeting.

Those who need translation/interpretation assistance, or a reasonable accommodation for any type of disability, in order to participate meaningfully in School Board meetings or public hearings should contact the Superintendent’s Office at 571-252-1020 at least three (3) days prior to the 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 11/04, 11/11, 1/18, 11/25, 12/02 & 12/09/21 12/9/21

TOWN OF LOVETTSVILLE NOTICE OF PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE LOVETTSVILLE TOWN CHARTER Pursuant to Sections 15.2-200, et seq., 15.2-1400, et seq., 15.2-1423, 15.2-1500, 15.2-1501, 15.2-1541, and 24.2-200, et seq., of the 1950 Code of Virginia, as amended, the LOVETTSVILLE TOWN COUNCIL will hold a Public Hearing on THURSDAY, December 16, 2021, at 6:30 p.m. at the Council Chambers, 6 E. Pennsylvania Avenue, Lovettsville, VA 20180, to consider advancing a request to amend the Lovettsville’s Town Charter to the Virginia General Assembly.

The purpose of this hearing is to receive public comment to consider advancing a request to amend the Town’s Charter to the Virginia General Assembly. The amendments will replace the Town Charter’s language from “Councilman” to “Councilmember”; modify cross-references to the Code of Virginia for participation to the greatest extent permitted by law by persons appointed to fill vacancies in the office of councilmember or mayor; and to update section 3.2, 3.3, and 4.2, which would amend the charter to allow the Mayor a vote and remove veto power, align with the standards of local elections as set out by State Code, clarify the authority of the Mayor, Council and Town Manager for Appointed and Non-Appointed Officers, and make clerical edits.

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

The charter amendments being considered 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.

12/2 & 12/9/2021

The Town of Leesburg is soliciting resumes and letters of interest to appoint a Tree Commission member. The term of this appointment will run from the date of appointment until December 31, 2024.

The Tree Commission meets the third Tuesday of the month. All meetings are held in the Lower Level Conference Room at Town Hall, 25 W. Market Street, Leesburg, VA 20176. Additional information is available by contacting Eileen Boeing, Clerk of Council, during normal business hours (Mon – Fri 8:30 a.m. to 5:00 p.m.) at 703-771-2733 or eboeing@leesburgva.gov, or on the Town of Leesburg Website: https://www.leesburgva.gov/government/boards-commissions/tree-commission.

Please submit your letter of interest and/or professional resume addressed to the Clerk of Council.

All materials should either be delivered or mailed to the Town’s official address at Town of Leesburg, 25 West Market Street, Leesburg, Virginia 20176 or emailed to the Clerk of Council at eboeing@leesburgva.gov.

12/9/2021

Loudoun County Public Schools

Fall 2021 Elementary School Attendance Zone Change Process Elaine E. Thompson Elementary School (ES-23) is scheduled to open in fall 2022, with the start of the 2022-2023 academic year. The school is located within the Arcola Center development at 24200 Pissarro Drive in Sterling.

In establishing an attendance zone for Elaine E. Thompson Elementary School, the current attendance boundaries for Arcola, Creighton’s Corner, Goshen Post, Legacy, Madison’s Trust, Rosa Lee Carter and Sycolin Creek Elementary Schools are being reviewed.

The Loudoun County School Board has scheduled a series of meetings to facilitate the necessary elementary school attendance zone changes Two meetings remain where the School Board will be discussing the proposed attendance zone for Elaine E. Thompson Elementary School, including one final opportunity for public comment. The previously scheduled December 7, 2021 attendance zone briefing/public hearing has been combined with the November 30, 2021 School Board meeting.

Date

Time

Elementary School Attendance Zone Meetings

Tuesday, November 30, 2021*

6:30 p.m.

School Board Elementary School Attendance Zone Public Hearing & Review of Attendance Zone Recommendations

Tuesday, December 14, 2021*

6:30 p.m.

School Board Adoption of Elementary School Attendance Zones

*Regular School Board Business Meeting Both meetings will be held at the Loudoun County Public Schools Administration Building (21000 Education Court, Ashburn). The meetings will also be broadcast live on Comcast Channel 18 and Verizon Fios Channel 43, as well as viewable via simultaneous webcast on the Loudoun County Public Schools website (www.lcps.org).

In-person, virtual and written comment will be accepted at the November 30 attendance zone public hearing. Detail on how to sign up to speak at the hearing will be posted on the LCPS webpage (https://www.lcps.org/Page/226240), beginning Tuesday, November 23, 2021.

Those who need translation/interpretation assistance or a reasonable accommodation for any type of disability in order to participate meaningfully in the School Board meetings or public hearing should contact the Superintendent’s Office at 571-252-1020 at least three (3) days prior to the meeting.

Beverly I. Tate, Director Loudoun County Public Schools Division of Planning Services 21000 Education Court, Ashburn, Virginia 20148 Telephone: 571-252-1050 Email: lcpsplan@lcps.org 11/18, 11/25, 12/02 & 12/09/21

LOUDOUNNOW.COM

PAGE 26

DECEMBER 9, 2021

Legal Notices

Roofing

LOUDOUN COUNTY WILL BE ACCEPTING SEALED COMPETITIVE BIDS FOR: LAWN MAINTENANCE SERVICES, IFB No. 448782 until prior to 4:00 p.m., local “Atomic Time”, January 20, 2022.

The maps and specifications for this project can be obtained by sending an email to the Invitation for Bid point of contact. A Pre-Bid Conference will be held virtually using GoTo Meeting software on December 16, 2021 at 1:00 p.m. for clarification of any questions on the drawings, specifications, and site conditions.

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.

Fencin

WHEN CALLING, PLEASE LET US KNOW IF YOU NEED ANY REASONABLE ACCOMMODATION FOR ANY TYPE OF DISABILITY IN ORDER TO PARTICIPATE IN THIS PROCUREMENT. 12/09/21 NOTICE OF ABANDONED BICYCLES Notice is hereby given that the bicycles described below were found and delivered to the Office of the Sheriff of Loudoun County; if the owners of the listed bicycles are not identified within sixty (60) days following the final publication of this notice, the individuals who found said bicycles shall be entitled to them if he/she desires.

All unclaimed bicycles will be handled according to Chapter 228.04 of the Codified Ordinances of Loudoun County.

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Case Number

Recovery Date

Recovery Location

Red Kent Shockwave Model GS2032

SO210018634

11/8/2021

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703-777-0610 12/09 & 12/16/21

Never miss a show

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.

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The Middleburg Town Council is accepting letters of interest/resumes from individuals who wish to be considered for service on the Board of Zoning Appeals (BZA). The BZA hears and decides appeals from any determination or interpretation of the Zoning Administrator; applications for variances; and, applications for interpretation of the zoning map, including disputed district boundaries. Members must be residents of the Town of Middleburg. This appointment is for a five-year period, with the term expiring December 31, 2026. Appointments are ultimately made by the Judges of the Loudoun County Circuit Court. The BZA meets on an as-needed basis.

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DECEMBER 9, 2021

Opinion Testing Tools As the Town of Leesburg wrestles with high-profile staff defections

of hard-to-recruit and costly-to-train police officers, it is difficult to

understand why council members have rejected a weekly testing option

as a back-up method to provide safety assurances to co-workers and the public.

That is a COVID-19 containment strategy already adopted by the

county government and, it could be argued, may provide even greater assurance that public sector employees aren’t spreading the virus.

Just as we know from the science that the vaccines are safe and

effective, we know from the science that vaccinated individuals may still become infected and may unknowingly spread the virus without

feeling any impacts of the illness themselves. As we reach the two-year

anniversary of the emergence of the virus, it is remarkable that regular and easily accessible testing is not a greater part of the public health defense strategy.

Loudoun has much to proud of in the way in which its residents and

business have responded during the pandemic. We have confidence that

LETTERS to the Editor

with the high rate of vaccination compliance in our community that our

hospitals will not become overwhelmed with those experiencing serious illness. Hopefully, the panic to build ventilator capacity and set up National Guard stations is behind us.

Vaccines have proven to be a critical addition to the pandemic tool kit,

but as the virus continues to evolve over the next months, possibly years, they cannot be looked to as the only tool. Other safeguards, including

temperature checks, face coverings and testing, will be with us for the long haul, and, if deployed aggressively, can be effective at limiting the spread of the virus, even if they lack the life-saving benefits the vaccine has demonstrated. n

Norman K. Styer, Publisher and Editor nstyer@loudounnow.com

Published by Amendment One Loudoun, LLC

EDITORIAL Renss Greene, Deputy Editor rgreene@loudounnow.com

15 N. King St., Suite 101 Leesburg, VA, 20176

Jan Mercker, Reporter jmercker@loudounnow.com

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

Kara C. Rodriguez, Reporter krodriguez@loudounnow.com Hayley Milon Bour, Reporter hbour@loudounnow.com ADVERTISING Susan Styer, Advertising Manager sstyer@loudounnow.com

Loudoun Now is delivered by mail to more than 44,000 Loudoun homes and businesses, with a total weekly distribution of 47,000.

Tonya Harding, Account Executive tharding@loudounnow.com Vicky Mashaw, Account Executive vmashaw@loudounnow.com

Loss of Truth Editor: This is in response to a letter sent by Catoctin District Supervisor Caleb Kershner to his constituents. In it, he states that the School Board has failed the students and their parents, and lost their trust. As proof, he mentions school closures and the implementation of CRT ideology. No good deeds were listed.

Mr. Kershner did not mention why the schools were closed, but some of us remember the pandemic which swept through our county recently. This was a new virus and much had to be learned about it and the treatment for it. There was no treatment, so the best advice was to avoid it, by closing crowded classrooms and other venues, a savvy move in a pandemic. This year was not squandered, as Mr. Kershner suggested, lives were saved. The closings had consequences, but so did the virus, 750,000 have died in this country. Now that the CDC has more data and we have the vaccines, it is thought safe to reopen the schools.

The matter of CRT begins with misinformation. Studies have shown that there is racism in our schools and that racism has held back those of color, limiting their opportunities. The School Board acted to remedy those findings. This is not CRT but the correction of our local

problem. Teaching about slavery and the Jim Crow laws, which legalized segregation, is history, not CRT: to ignore this history is to cancel it.

Loss of trust is inevitable if the whole truth is not part of the discussion.

— FW Lillis, Leesburg

A Missing Ingredient Editor: As a small business owner who relies on a number of other small businesses and services in the Town of Leesburg, I watched with great interest last week’s Leesburg Town Council public hearing on the proposed Virginia Village redevelopment. I was shocked to hear that no apartment building has been built inside the Route 7/15 bypass since 1988.

Most of our town’s rental housing stock dates to the 1960s and, as the rate of construction of apartments has slowed in Leesburg over the past decade, rents have risen appreciably.

Leesburg clearly has a housing affordability problem, and access to affordable housing is the single largest challenge facing our town’s future prosperity. Local businesses, like mine, need to be able to attract dedicated employees. But businesses will not relocate to, nor will they LETTERS TO THE EDITOR continues on page 29

DECEMBER 9, 2021

LOUDOUNNOW.COM

THIS WEEK'S QUESTION:

Readers’ Poll

Should COVID-19 vaccines be mandated for employees of governments and large companies?

LAST WEEK'S QUESTION: What are your priorities for the upcoming General Assembly session?

Resignations continued from page 3 fair events, to name a few. He encouraged anyone interested in applying or finding additional information to go to belpd.com.

While several members of the police department warned the council at a September meeting that mass resignations from the department would come if a vaccine mandate was implemented, Dentler said that two of the seven officers who resigned had received employment offers from other jurisdictions.

Those who both voted in favor and against the vaccine mandate remained resolute in their positions this week.

Mayor Kelly Burk said she “absolutely” believes the council’s decision was the correct one.

“The duty of the Town Council is to protect the public. When we set a policy that all employees must be vaccinated we expect that the policy will be followed.

If a Leesburg police officer, whose job is solely to protect and serve the public, refuses to get the vaccine, then it is probably

LETTERS to the editor continued from page 28

expand in, the town if we do not invest in broader housing opportunities for our workforce.

We must provide more residential options to help attract the type of talent that is vital to our local businesses, and ensure the long-term stability of the town’s economy. The town simply cannot thrive in an equitable and inclusive manner if our workforce—especially younger workers, service workers, teachers, municipal employees, police officers, and firefighters—have no place to reside.

PAGE 29

Share your views at loudounnow.com/ polls good for those officers to find another way to serve. How irresponsible it would be of the council to allow a police officer to answer a call only to infect those they come in contact with,” she said.

Councilwoman Suzanne Fox, who on two occasions has attempted to get the council to take a vote to rescind its Oct. 12 action, only to have it removed from the agenda on both occasions, said the resignations were “exactly the scenario I feared would play out.”

“I believe that Leesburg remains a safe place to live, work, and play. But it is pretty tough to make the argument that having fewer officers doesn’t make us less safe. If we believed, as a town, that Leesburg would be just as safe with seven fewer officers, then we would have budgeted for and hired seven fewer officers. We can’t, on the one hand, tell our residents that we need to sustain or increase taxes to hire the employees we need to adequately service the needs of the town, and then turn around and tell them that a flurry of resignations will not impact the delivery of services. There will be an impact, and I

worry that the most obvious and immediate impacts could only be the beginning,” she said.

Fox also said that she has heard from current town employees who have felt bullied or intimidated into compliance with the vaccine mandate, fear retaliation if they speak out, or those who have remained with the town despite their “profound disagreement” with the vaccine but now harbor hard feelings towards their employer.

While also enforcing a vaccine mandate, Loudoun County government has given its employees, with the exception of those who work for constitutional offices, the option of weekly testing. Fox said she would not be in favor of that approach “given the fact that both vaccinated and unvaccinated can carry and spread the COVID virus. I see weekly testing as discriminatory practice without any real basis in science.”

Of the town’s 351 full-time employees, 15 employees remain undecided on whether they will comply with the mandate, Dentler said. The “overwhelming

majority” of those 15, he said, are in the police department.

“The remainder of the organization is either fully vaccinated, intend to be vaccinated, or intend to obtain qualified exemption so no operational disruption [is] anticipated,” in other town government departments, he wrote.

Dentler also added that no requested religious or medical exemptions have been denied to date.

Eighty-three percent of the town’s fulltime employees already are fully vaccinated, and an additional 3% is either partially vaccinated or intend to be vaccinated by the deadline. Of the remaining 14%, according to Dentler, 9% are seeking a medical or religious exemption, 4% are undecided, and one staff member has formally declared an intention to not comply and resign by the deadline.

Under the Town Council policy, employees and board and commission members have until Jan. 11 to either receive both doses of the Pfizer or Moderna vaccine, or the single-shot Johnson & Johnson vaccine. n

This demographic often cannot afford the median regional monthly rent and mortgage payments, which forces them to commute from outside of town. This not only drives up their out-of-pocket costs but exacerbates traffic for us all.

We must get serious about redressing these deficiencies. Leesburg needs a full continuum of housing choices, and Virginia Village presents the first substantial opportunity to start chipping away at this problem.

In a town where some 70 percent of our apartments are two- and three-bedroom units, I was heartened to see that the vast majority of Virginia Village’s apartments will be studios and one-bed-

room units. And of critical importance, the project commits to 33 new Affordable Dwelling Units—the largest number of rent-controlled units yet delivered in the town.

Housing is economic development, and if Leesburg starts focusing on providing smaller units (like what is being proposed at Virginia Village), we can help ensure the sustainability and growth of the town’s economy. It will also add to the attraction of this section of town as Loudoun County’s only HUBZone, which is a Small Business Administration program that requires 35 percent of employees to physically reside within the HUBZone.

Of course, Virginia Village alone will not solve our affordability problem, which is regional in scope. But the project will fill a critical market need and create a healthier balance of units in town.

And, it is equally certain that if projects like Virginia Village are not approved, we will never begin making a difference.

Housing is the missing ingredient to our community’s prosperity, and I urge the Town Council to approve the proposed redevelopment, and position Leesburg as a regional leader in how to redevelop older, underperforming strip malls into something that can benefit everyone.

— Kirsten Langhorne, Leesburg

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Transgender protections continued from page 1 districts over the summer, stating that school divisions would be held liable if students or parents are “aggrieved by an action” that would have been a violation of such a policy.

A sizeable portion of the provisions in Loudoun’s corresponding Policy 8040 were either already established as common practice in the school division, or were implemented as part of the anti-discrimination policy when it was revised in 2019. But Loudoun’s version of the policy also goes beyond the state-mandated minimum—unlike many other localities, in Loudoun, parents do not need to consent or be notified of their student’s gender identity change.

That component of the policy perhaps sparked the most outrage among critics.

Parents who support Fight for Schools, the group seeking the ouster of School Board members, contend that the board is attempting to “co-parent” their children.

“Even parents that may support some elements of the policy have expressed shock and surprise that they would not be told if their child was identifying as a different gender in school,” Fight for Schools Executive Director Ian Prior said.

“What makes it even worse is that many on the School Board said Policy 8040 was required by the VDOE, yet LCPS went above and beyond to remove parents from the decision-making process.”

To some, Loudoun’s Policy 8040 is a Trojan Horse steamrolling parents, jam-

Roads renamed continued from page 1 “Taxpayer dollars were used during Jim Crow, during the ‘60s, all the way into the ‘80s, to name these roads after folks that, in my opinion, didn’t deserve it, and they were renamed as a way to remind citizens of Loudoun County of their oppression, that maybe certain citizens don’t belong,” Briskman said. “So I’m very happy and proud that we are using some of our resources to rectify that situation.”

“I will say that there have been very valid questions asked, and I think the most valid question is, how will that impact the business owners on Rt. 50? Because that’s … their address of their business. And that name is on—that address is on trucks and business cards and all kinds of things,” said County Chair Phyllis J. Randall (D-

packed with political and social woke-ism But to others, it is a safety net to provide basic human rights for some of the population’s most vulnerable students.

Del. Suhas Subramanyam (D, VA-87), who sits on the House Education Committee, said transgender students are some of the most vulnerable children.

“We’ve been hearing all over the state how there were LGBTQ kids who’ve been bullied and teachers, in many cases, didn’t know how to handle situations of bullying of this population and nor did they have any experience or sensitivity of their backgrounds and needs.”

DECEMBER 9, 2021

Elizabeth Ewing, the director of Legal and Policy Services for the Virginia School Board Association, said that that the law required two things: the drafting of a model policy by the Virginia Department of Education, and the adoption of policies that satisfy the requirements from the VDOE’s model.

“It is probably more common that the General Assembly just require school boards to adopt something directly, as opposed to having the Department of Ed to create a sample policy first,” Ewing said.

Once a model policy is created, the VDOE and the Virginia School Board Association do not track how individual school divisions handle the new mandate.

And, in this case, Ewing said, the law did not include any enforcement mechanisms.

Subramanyam said that legislators crafted the law to maximize school divisions’ abilities to individualize policies based on

their needs.

Most school divisions across the Commonwealth did not fall into line with the VDOE’s model. Some, such as Henrico County, revised existing policies to satisfy portions of the state requirement. Unlike in Loudoun, Henrico County transgender students need a parent or guardian’s consent prior to participating in a gender-specific activity. And the school board in Henrico did not codify transgender students’ rights to access the bathroom facilities of their gender identity, although officials said its practice already is to accommodate the restroom facility needs of specific students.

In nearby Prince William County— where the school division is comparable in size to Loudoun’s—the School Board expanded its existing student discrimination policy to include protections for transgender students. There, students may be addressed by their chosen pronouns and may access their chosen restrooms, but a parent or guardian must consent to the change.

Virginia Beach Public Schools, also comparable in size to LCPS, passed a policy after a tumultuous public debate and discord among board members pushed the vote into September—past the VDOE’s deadline for the policy. The Virginia Beach School Board revised its existing discrimination policy. It allows transgender students to access the restroom consistent with their gender identity and to be addressed by their chosen pronouns, but parental consent is required. If a parent does not agree to the change, administrators are tasked with working with the stu-

dent and parents on a resolution.

Other divisions bucked the requirement entirely. The division in Russell County in southwest Virginia, with a population of less than 30,000 and just 3,700 students, voted unanimously against the state’s model policy. It has no language in its guidelines or regulations to specifically protect transgender students.

As the fate of Policy 8040 hangs in the balance, local groups are rallying to support transgender youth in Loudoun.

A study released last week by the nationwide nonprofit, The Trevor Project, found that 48% of intersex youth seriously considered suicide in the past 12 months.

One Loudoun mother, whose son is transgender, said that vitriolic comments during School Board meetings that invalidate trans kids are detrimental.

The group Loudoun4All formed in response to the culture war in Loudoun, and supports equity and equality for LGBTQ+ students. Equality Loudoun, a nonprofit formed in 2003, works to ensure that marginalized groups are represented fairly in institutions.

Meanwhile, the PE teacher, Tanner Cross, represented by the conservative Christian group Alliance Defending Freedom, after being placed on leave was granted an emergency injunction to return to his teaching position. He was ultimately reinstated, and the school district paid $20,000 in damages. ADF now represents three teachers seeking an injunction from enforcing the policy, arguing that it violates their right to free speech. Judge James E. Plowman’s ruling on the policy is expected any day. n

At Large). “And we are addressing that so that … it does not cost the business owners money.”

Supervisors’ vote to rename the roads also directed county staff members to develop a grant program to offset those costs for businesses.

In 1968, at the height of the civil rights movement, the Virginia State Highway Commission renamed Rt. 7 between Alexandria and Winchester to honor Byrd, who led “massive resistance” to close Virginia’s public schools rather than integrate them.

Today in Fairfax it already has that name again. Currently, the road named Harry Byrd Highway from the Shenandoah River to Loudoun’s eastern border.

That also means that if only the Loudoun section is renamed, there will remain a section of road just under three miles long still named for Byrd in Clarke County. Ultimately that decision, too, will fall to the

Commonwealth Transportation Board.

It was only in 1980 that the General Assembly named Rt. 50 for Mosby, reenacting that decision in 1982. That highway follows the path of a trail first made by Native Americans and expanded upon by colonists over the centuries; it was first named Little River Turnpike in 1806.

The work sprung out of an initiative approved in December 2020. A few months before, the statue of a Confederate soldier that stood before the county courthouse had been taken down. Supervisors on Dec. 15, 2020, voted to find and list Confederate and segregationist symbols in Loudoun, at the same time starting the process of naming the two highways. At the time, Supervisors Tony R. Buffington (R-Blue Ridge) and Caleb E. Kershner (R-Catoctin) voted against doing that work. Buffington was absent for the vote Tuesday; Kershner voted in favor of the changes.

That vote last December launched a process that formed an advisory committee, gathered public suggestions and feedback, put county staff members to work doing historic research, and led to debates about how the roads should be renamed resulting in the recommendation to simply restore their previous names.

At least one more likely renaming remains—Kephart Bridge Landing, a canoe and kayak launch in Elizabeth Mills Riverfront Park, is named for George Kephart, who owned both Coton and Belmont plantations for a period of time and who became wealthy working in the slave trade.

The Parks, Recreation and Open Space Board has recommended renaming it to Riverpoint Drive Trailhead, which supervisors were scheduled to discuss on Tuesday but deferred to Jan. 18. n

Different Districts, Different Rules

DECEMBER 9, 2021

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The Peoples’ Constitution

The Peoples’ Constitution – Roe v. Wade: Four Possible Futures

BY BEN LENHART

Last week, the Supreme Court heard oral argument on the constitutionality of a Mississippi law that bans most abortions after 15 weeks. That case (Dobbs v. Jackson Women’s Health Organization) could radically change abortion law as it has existed in America since the 1973 Supreme Court ruling in Roe v. Wade.

This article looks at four possible futures for Roe based on how the court might rule in Dobbs. These “futures” illustrate key Constitutional principles that go well beyond abortion. First, a clarification: this article does not address the many religious, moral, political, and social aspects of the abortion issue. Abundant materials already exist on these issues. Rather, it addresses the critical issue of how abortion is likely to be handled under the Constitution after Dobbs.

Future #1: Roe Is Upheld Under ‘Stare Decisis’ Roe v. Wade involved a Texas law that banned nearly all abortions. Texas argued that a nearly complete ban was needed for several reasons, including medical safety and the protection of pre-natal life. Roe (real name: Norma McCorvey) argued that the fundamental right of privacy, which the court had found in earlier cases, included the right of a women to decide whether to have an abortion. The court grounded this privacy right in several parts of the Constitution, including the Bill of Rights and the 14th Amendment’s Due Process clause, and specifically the “liberty” protected by that clause. The Roe court expressly balanced two interests: the privacy and liberty interests of the women and the interest of protecting, in the court’s words, “fetal life.” In the end, the court sided with Roe, 7 to 2, on the key issue, stating: “This right of privacy, whether it be founded in the Fourteenth Amendment’s concept of personal liberty and restrictions upon state action [found in the due process clause, or] in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman’s decision whether or not to terminate her pregnancy.”

This is the core holding of Roe. On the other hand, noting that the Due Process clause protects not just “liberty” but also “life,” the Roe court also recognized the importance of Texas’s arguments,

protected by the Constitution. On the other hand, this option would discard viability as the cut-off, and hold that Mississippi’s 15week cut-off is not inconsistent with the Constitutional “right to choose.” As noted above, Roe itself balanced the interests of the women and the interest of the fetal life, and drew the line at viability. This new approach would draw the line at 15 weeks, but would still recognize that both interests are Constitutionally protected.

The problem is that 15 weeks is arbitrary, and would raise the question: if 15 weeks is OK, what about 12 weeks or 6 weeks?

If the Dobbs court chooses this option, it would likely kick the can down the road on this “timing” issue (but not too far down the road, since other states are seeking to cut off abortion earlier, such as a Texas law banning abortion after six weeks.)

stating that: “With respect to the State’s important and legitimate interest in potential life, the ‘compelling’ point is at viability. … If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother.”

Viability can change with medical advances, but is generally thought to be 22 to 24 weeks of pregnancy. In Planned Parenthood v. Casey, 20 years after Roe, the court formalized “viability” as the key date, holding that: (a) pre-viability a state can’t ban abortion, but it can regulate it so long as it does not impose an “undue burden,” and (b) post-viability, the states can, if they choose, ban abortion. Casey remains the basic legal framework today (but Dobbs may change this).

Finally, the doctrine of “Stare Decisis” will weigh heavily on the court in the Dobbs case. Stare Decisis means that the court stands by its prior rulings (its precedent) unless there is a very good reason not to. Legal precedent is a bedrock of America’s “common law” legal system, and the court is rightly reluctant to reverse prior rulings, especially where—as with Roe v.

Wade—the precedent is longstanding and has been repeatedly affirmed by the court.

But Stare Decisis has not stopped the court from overruling prior decisions when they were clearly wrong. A famous example is Brown v. Board of Education, which overruled Plessy v. Ferguson, and 60 years of “separate but equal” segregation by race.

In sum, while seemingly unlikely based on the oral argument, the Dobbs court may decide to leave unchanged the law of Roe/ Casey, either because it believes they were rightly decided or because of Stare Decisis, or some combination of both.

Future #3: Roe Is Entirely Overruled and Abortion is Decided State by State

Future #2: Roe Is Partially Upheld but the Court Discards Viability as the Cut-off

Future #4: Roe Is Entirely Overruled and Abortion is Not Decided State by State

During oral argument, Chief Justice Roberts hinted at a compromise: allow Mississippi’s 15-week rule to apply, but still uphold the essential ruling of Roe. How is this possible? If Roberts can get the votes, the idea is straightforward. On the one hand, the court would leave in place the core Constitutional ruling in Roe that the women’s’ right to choose whether to have an abortion is a fundamental right

While unlikely based on the oral arguments in Dobbs, under this option the court would find that a fetus is a “person” in the Constitutional sense and, as such, is entitled to the protection for “life” found in the Due Process clauses of the 5th and 14th Amendments. The seeds of this option are found in Roe itself, where the Court said: “[Some] argue that the fetus is a ‘person’ within the language and meaning of

Option 3 would be far different from the first two. Under this option the court would clearly overrule Roe, and declare that there is no federal Constitutional right to abortion. The dissent in Roe, by Justices White and Rehnquist, lays the groundwork for such a ruling, as do later dissents by Justice Scalia and others. This option would not end abortion in the United States, but rather it would remove federal constitutional protection, and allow each state to decide the issue. Clearly, many states would ban abortion quickly. In fact, some states have laws banning abortion that are already written and would take effect very quickly if Roe is overturned. Other states would continue to protect the right to abortion, and, up to a point, they could even offer more legal protection than Roe v. Wade.

the Fourteenth Amendment. In support of this, they outline … the well known facts of fetal development. If this suggestion of personhood is established, [Roe’s] case, of course, collapses, for then the fetus’ right to life would then be guaranteed specifically by the Amendment.”

In other words, Roe said that if the court were to find that the fetus is a “person” in the Constitutional sense, most abortions would automatically be banned.

Roe did not adopt this reasoning, but did flag it as part of the argument. Under this option—in contrast to option 3—no state could allow abortions because states generally cannot violate a right protected by the Constitution (with limited exceptions, such as, for example, allowing abortion where needed for the health or life of the mother). Option 4 and Option 1 both find a Constitutional right in the abortion debate, but they define that right very differently.

Conclusion From a constitutional viewpoint, the four options break out as follows: Option 1: A woman’s right to choose an abortion is protected by the Constitution up to viability; no state can ban abortion before this time. Option 2: A woman’s right to choose an abortion is protected by the Constitution, and Mississippi’s 15-week limit does not violate that right; no state can ban abortion before this time (unless the court permits an earlier cutoff date either in the Dobbs case itself or in in another case).

Option 3: No constitutional protection for the right to choose an abortion; the states are free to permit or ban abortions (with limited exceptions). Option 4: The court finds the fetus is a “person” under the Constitution; with limited exceptions no state could allow abortions.

While it is impossible to predict how the court in Dobbs will rule on the abortion issue, based on the recent oral arguments, options 2 and 3 seem most likely. No matter how Dobbs rules, one thing is certain, the abortion debate has been ongoing for hundreds of years, and will continue after the court rules in Dobbs. n Ben Lenhart is a graduate of Harvard Law School and has taught Constitutional Law at Georgetown Law Center for more than 20 years. He lives with his family and lots of animals on a farm near Hillsboro.

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