Loudoun Now for Dec. 19 2024

Supervisors Set Priorities for Record $250M Budget Surplus

BY HANNA PAMPALONI hpamapaloni@loudounow.org

Each year the Board of Supervisors meets to allocate surplus funding from the prior fiscal year’s budget, often sending some money into reserves, for capital projects and for individual priorities that were not funded in the original budget. This year, the budget surplus was the largest in the county’s history—$250 million more than expected.

Management and Budget Director Megan Bourke attributed the large surplus to the intentional effort to project data center revenue conservatively.

The board’s finance committee made recommendations on which projects, new initiatives should be funded with this year’s extra money, singling out affordable housing, invasive species removal grants, and a variety of capital projects during a meeting Dec. 10.

Based on the recommendations, $60 million will be sent to fiscal year 2026 for the Capital Improvement Program, Capital Asset Preservation Program and Debt Service Funds. Another $62 million will be set

BUDGET SURPLUS continues on page 34

BY NORMAN K. STYER nstyer@loudounnow.com

The service of 119 veterans of the Revolutionary War, the War of 1812 and the Civil War was honored Saturday during Wreath Across America commemorations at two historic cemeteries in Loudoun County.

The annual program was organized by the Ketoctin Chapter of the National

Society of the Daughters of the American Revolution. The Sergeant John Champe Chapter of the Sons of the American Revolution highlighted the service of two Revolutionary War veterans with the installation of Patriot markers at their gravesites.

The service began at Ketoctin Cemetery north of Purcellville where wreaths were presented to honor of all those who served in the military. Participants

Wreaths Across America: Honoring Service

gathered for the ceremony then laid wreaths on the graves of 14 Revolutionary War veterans, 32 who served during the War of 1812, and 30 Civil War veterans.

At North Fork Cemetery south of Purcellville, wreaths were laid at the graves of 11 veterans of the War of 1812, 30 Civil War veterans and Revolutionary War

HONORING SERVICE continues on page 34

Norman K. Styer/Loudoun Now

Kecia Brown places a wreath at grave of Revolutionary War veteran Fardinan Van Sickle at North Fork Cemetery during a Dec. 14 ceremony.

County Planning Commission Opposes Blanket Special Exception Requirement for Data Centers

BY HANNA PAMPALONI hpampaloni@loudounnow.org

After meeting six times to discuss a proposal by the Board of Supervisors to make all data centers undergo special exception review, the county’s Planning Commission voted last week to recommend not implementing that change –kind of.

The proposal by the board would remove data centers as a by-right use anywhere in the county. Instead of allowing administrative staff-level for data center applications in some areas, special exception review would require public hearings and vote by the Planning Commission and the Board of Supervisors.

During a Dec. 12 work session, the commission voted 5-3-1 to reject the supervisors’ proposal, with Chair Michelle Frank (Broad Run), Clifford Keirce (Sterling) and Ad Barnes (Leesburg) opposed and Robin-Eve Jasper (Little River) absent.

However, the commission also recommended a series of factors for the board to take into account if it decided to move forward with the change anyway.

Commissioners said, while they would have liked to dive more deeply into the proposal by identifying locations where data centers should be allowed by-right, they had come to the realization that that

was not in their purview based on the directive sent to them by the board.

The motion, made by Commissioner Dale Polen Myers (At Large), specified that the panel was recommending denial because of their limited scope.

Keirce said he felt that the commission should recommend approval of the changes, since they were adding more context in subsequent recommendations anyway.

“I think it may have been maybe better received, and I think that would have

been a better way to present our position,” he said.

The recommendations included support for two of the board-proposed changes that would move data centers in two specific areas— one near Arcola and another near Goose Creek—from a byright use to requiring legislative approval.

They also recommended implementing a grandfathering resolution that would allow any applications submitted by the time the board holds a public hearing on

the change to be evaluated on the current zoning rules, not the new ones.

Commissioners also agreed to ask the board to consider giving existing data centers that would become subject to a special exception, flexibility for minor changes in their applications such as building relocation, implementing county-desired equipment changes, or other changes to adapt to industry standards.

A fourth recommendation proposed that the Board of Supervisors consider data centers as conditional uses in several planning zones areas throughout the county.

In a fifth recommendation the commission said the board should consider adopting performance standards for data centers in office park, general industry and mineral resource-heavy industry zoning districts. Under that policy, data centers could be approved administratively is specific requirements were met.

Commissioner Madhava Reddy Madireddy (Dulles) said, while the comisssion’s additional proposals were likely not what the Board of Supervisors had in mind, they are important.

“Because of the narrow nature of what’s been asked, that’s the reason for our denial, but at the same time, the second

DATA CENTERS continues on page 30

Henrietta Lacks Honored at Primary School Dedication

BY AMBER LUCAS alucas@loudounnow.org

Loudoun County’s 99th school honored its namesake Henrietta Lacks, a Black woman whose fight with cancer made many modern medical breakthroughs possible, during a dedication ceremony Tuesday morning.

Henrietta Lacks Elementary is the county’s first primary school, serving preschool through second grade.

Speakers at the ceremony included school Principal Leigh Boyd, Superintendent Aaron Spence, school board member Anne Donohue (At-Large) and County Chair Phyllis J. Randall (D-At-Large). Also attending were school board members Chair Melinda Mansfield (Dulles), Linda Deans (Broad Run), Sumera Rashid

(Little River) and April Chandler (Algonkian), and Board of Supervisors Vice Chair Juli E. Briskman (D-Algonkian).

The school shares a campus with Lightridge High, Willard Middle and Hovatter Elementary schools. The land was acquired from the Hovatter family, who farmed the property until 2017.

Boyd thanked her family, Spence, the design and building team for the school, school staff and admin, local business contributors and mentors for her career for their work in getting the school ready to open on Aug. 22  for more than 800 students. The 115,000-square-foot building has 12 kindergarten classes, 11 first grade, 12 second grade and six pre-school classes.

“I had a running joke with [Hovatter principal] Lori Mercer about the num-

ber of reasons why being the principal of a primary school is the absolute best job in the county, but the number one reason that it’s the best job, of course, is hands down the students. They are the heart and soul of Henrietta Lacks Elementary and I am proud to serve as their principal,” Boyd said.

Spence marked the importance of the first primary school in the district. The 99th school is really the first school, and it marks a new beginning in the county, he said.

Descendants of Lacks and members of the Hovatter family joined the ceremony and were given a painting of Lacks and pictures of the Hovatter farm next to the school. Lacks’ daughter-in-law Shirley Lacks, granddaughter Jeri Lacks-Whye and grandson David Lacks were present

along with Laura Hovatter, granddaughter of the previous farm owners.

Many speakers honored Henrietta Lacks and spoke about her life. Donohue, Randall and five second grade students all shared parts of Lacks’ history.

She was born as Loretta Pleasant in Roanoke in August 1920. In 1941, she moved from her Virginia home to Maryland, where she was diagnosed with cervical cancer 10 years later. She was treated at Johns Hopkins, but she succumbed to her illness in 1951, at age 31.

However, that was not the end of her contributions. Her cells were used to create the first immortal HeLa cell, the basis for much of what modern

HENRIETTA LACKS continues on page 33

Hanna Pampaloni/Loudoun Now

Commissioner Clifford Keirce (Sterling) speaks with the county planning staff during a Dec. 12 work session.

Loudoun After Report, County Leaders Add Data Center Policy Statements to 2025 Legislative Agenda

BY HANNA PAMPALONI hpampaloni@loudounnow.org

Before approving their final legislative policy stances in advance of the 2025 General Assembly session, county supervisors made last minute additions to the program following the Joint Legislative Audit Review Commission report on data centers.

The additions largely follow recommendations made in the report, which include providing localities more authority over land use decisions and regulating the industry and developing a plan to address the risk of ratepayers subsidizing the industry. The report also offered a series of policy options that the General Assembly could pursue relating to the existing statewide sales tax exemption for data centers.

Executive Director of Economic Development Buddy Rizer told the board Dec. 11 his staff and Legislative Liaison John

Freeman supported the proposals to expand local authority to consider water usage and noise impacts when making land use decisions.

Rizer said they also supported a recommendation to consider expanding the Accelerated Renewable Buyers Program, which allows high-usage energy customers to claim credits for purchases of solar and wind energy to offset certain utility charges.

However, he said the team did not support proposals to use the sales tax exemption as a lever to get other concessions from the industry.

The report said legislators could extend the expiration date for the state’s sales and tax use exemption for data centers from 2035 to 2050, extend a partial exemption through 2050, or stop it before its 2035 sunset date.

They could also consider requiring

conditions to claim the exemption. Those could include meeting energy management standards, using Tier 4 generators, meeting environmental management standards, conducting phase one historic resource studies and viewshed analysis of proposed sites, and conducting sound modeling studies for applications planned within a certain distance of areas zoned for residential development.

“You get into a real slippery slope when you start using incentives as a stick instead of as a carrot,” Rizer said.

Adjusting the current exemption that businesses have been counting on could have effects on the state’s ability to retain the industry. Since other states are competing for data center business, a “watered down” incentive would likely have the same impact as no incentive at all, he said.

Proposals by Supervisor Michael R. Turner (D-Ashburn) to remove support

for to allow existing data center applications to be grandfathered into current regulations, potentially avoiding new new sound requirements, and to allow localities the ability to deny data center proposals if an electric utility has delayed service to the project because of the state of the power grid, failed to garner support.

He said the purpose of the power availability policy would be to allow the county to consider the load constraints of the local grid and said it didn’t make sense for the board not to be allowed to consider that, if a utility like Dominion has said it would take years to provide the power.

“That’s the purpose of this amendment, to give us local authority,” he said.

However, a motion by Vice Chair Juli E. Briskman (D-Algonkian), which largely

LEGISLATIVE AGENDA continues on page 30

Designs for Planned Government Office Building Advance

BY HANNA PAMPALONI hpampaloni@loudounnow.org

Designs for a county government office building to be built south of Leesburg are advancing, after receiving endorsement from the Board of Supervisors’ finance committee Dec. 10.

The 125,000-square-foot building is the first phase of a years-long plan to build additional office space for the staff near the intersections of Kincaid and Crosstrail boulevards. The site plan was approved through a special exception in 2015 and the building is funded in the Capital Improvement Program. Ultimately, the property is planned for four government buildings totaling 425,000 square feet.

The phase one building is expected to house departments in the Development Services Hub, which including planning and zoning, building and development, mapping and geographical information and the county health department’s permitting, environmental health and administration divisions.

It will be three stories tall with limited areas of access on floors one and two by the general public for meetings and inter-

actions with staff. The rest of the space will be designated for the in-house department operations.

The building design has reached 95% completion. Recent cost estimates show the project is estimated to be $115 million, $6 million over the original budget. Options to reduce the cost are being evaluated by the staff.

Supervisors asked for ways to make the building more environmentally friendly, such as ultimately building a parking ga-

rage rather than keeping the planned surface parking, adding solar panels to the roof and parking areas, and using excess heat from nearby data centers to reduce the power demand of the building.

Vice Chair Juli E. Briskman (D-Algonkian) won support for an amendment directing the staff to look into the cost and benefits of adding solar panels on the roofs and in the parking lot.

She and Supervisor Koran T. Saines (D-Sterling) also asked about whether in-

tegrating district energy—using heat generated by data centers—into the building’s design had been considered. Staff members said it was being considered for the future buildings on the campus, but the design was too advanced to incorporate it into phase one.

Committee Chair Matthew F. Letourneau (R-Dulles) acknowledged that some members of the public might have concerns about the building’s design.

“When you are driving a car, let’s say you have a 2005 Chevy Lumina, you don’t go out and buy another 2005 Chevy Lumina, 20 years later, when it’s time to build a new car. You buy the next generation of car so that it’s going to last you for 20 years, 30 years, 40 years and so on,” he said.

The building is planned to last, he said.

“You want to have a good working environment for your people and you want something that’s going to last, that’s going to incorporate technology and things like that for the next generation of workforce,” he said.

Following the committee’s endorsement, the designs will now advance to the full board for final action. n

County of Loudoun

Illustrative renderings show what a new county government support building could look like. Final materials are not yet selected for the building planned to be built along Kincaid Boulevard south of Leesburg.

ON THE agenda

Loudoun Not Included in Federal Transmission Priorities

After being added to a preliminary list of areas being considered for federal prioritization for transmission line projects, Loudoun was not included in the shortlist announced Monday.

The U.S. Secretary of Energy has been working this year to update its list of National Interest Electric Transmission Corridors, which provides an expedited permitting and construction process for transmission lines. A NIETC designation allows the Federal Energy Regulatory Commission to issue permits for siting transmission lines even if state authorities have denied an application.

The DOE narrowed the original list of 10 locations, which included Loudoun, down to three based on public comments and its “continued analysis of the value of NIETC designation to spur needed transmission investment,” according to the announcement.

“DOE’s decision to not move these potential NIETCs forward does not constitute a finding that there are no

transmission needs in these areas; rather, DOE is exercising its discretion to focus on other potential NIETCs at this time and may in the future revisit these or other areas through the opening of a new designation process,” according to the announcement.

The locations advancing are Lake Erie-Canada Corridor, including parts of Lake Erie and Pennsylvania; Southwestern Grid Connector Corridor, including parts of Colorado, New Mexico, and a small portion of western Oklahoma; and Tribal Energy Access Corridor, including central parts of North Dakota, South Dakota, Nebraska, and five tribal reservations.

Randall Presented with COG Award

The Metropolitan Washington Council of Governments presented County Chair Phyllis J. Randall (D-At Large) with its Elizabeth and David Scull Metropolitan Public Service Award, its highest honor for an elected official, during its annual awards meeting Dec. 11.

Randall was commended for her leadership in the county and region,

Long-Route Commuter Bus Service Pilot Moves Forward

BY HANNA PAMPALONI hpampaloni@loudounnow.org

A pilot program to provide long-range commuter bus service from Dale City and Frederick, MD, received endorsement from the Board of Supervisors’ finance committee last week.

The service is intended to reduce congestion on the county’s roads by offering mass transit options to those commuting into the county for work.

In October, supervisors heard results from a survey, conducted by Michael Baker Internation, to identify which locations the pilot program should include and the estimate the cost of the service.

Consulting representative Nick Britton told the board then that they reviewed 10 counties including Jefferson and Berkley in West Virginia, Frederick and Montgomery in Maryland and Frederick, Clarke, Warren, Fauquier, Prince William and Stafford in Virginia.

The survey identified Dale City and Warrenton as the ideal pilot locations because they have a lower average cost per

including her focus on expanding transportation options, affordably priced housing opportunities, and access to social services. A longtime member of the COG Board of Directors, she has supported regionalism, regional housing targets and calling for COG’s Equity Emphasis Areas to inform planning decisions. She also currently serves on the Task Force overseeing DMVMoves, a joint initiative of the COG and WMATA to create a unified vision and sustainable funding model for the region’s transit network.

The Scull Award is presented to a local, state, or federal elected official serving a COG member jurisdiction. It is presented in the memory of Elizabeth and David Scull, two former Montgomery County council members who were strong supporters of COG and regional cooperation.

New Northstar Boulevard Segment Link Opens

The final missing link of Northstar Boulevard between Rt. 50 and Evergreen Mills Road opened to traffic on Tuesday. The project designed and construct-

trip than the other routes and because they are expected to have a high ridership rate.

During a Dec. 10 meeting, supervisors decided to move forward with Dale City and Frederick, MD.

The survey showed annual ridership for Frederick to be an estimated 7,996 trips, positioning it as second to last out of the seven identified starting points. Dale City ranked at the top with an estimated 53,419 trips a year, and Warrenton ranked second with an estimated 49,345 annual trips.

However, Committee Chair Matthew F. Letourneau (R-Dulles) said there were additional factors to consider, such as the ease of the drive from Warrenton and the planned construction along Rt. 15, the primary corridor from Frederick, in the next few years.

“I really kind of want to test those numbers because the analysis is telling us that Dale City is going to do really well

COMMUTER BUS

continues on page 31

ed a new four-lane, median divided segment of the road, a 10-foot-wide, shared-use path on both sides of the roadway, a new traffic signal at the intersection of Northstar Boulevard and Evergreen Mills Road and signal modifications at Rt. 50.

At the northern end of the project, a new bridge carries Northstar Boulevard over the North Fork of Broad Run. Arcola Mills Drive was realigned to the south to intersect Northstar Boulevard.

“I worked to get this project added to the County’s six-year Capital Improvement Program way back in FY15, and along the way it received funding from the County, VDOT, a $65 million grant from the Northern Virginia Transportation Authority, and a $25 million federal TIGER grant,” Supervisor Matthew F. Letourneau stated in a Dec. 17 announcement.

The $90 million project will provide congestion relief and alternate routes for commuters and supports multimodal transportation, he said.

A Loudoun County project to widen existing Northstar Boulevard between Tall Cedars Parkway and Braddock Road is under design. n

Leesburg

‘Enjoy the Ride’: Council Members Sworn-In

BY WILLIAM TIMME wtimme@loudounnow.org

Three members of the Leesburg Town Council and Mayor Kelly Burk took their oaths of office Friday night to prepare for new terms in January.

Burk will be serving her fifth two-year term as mayor. Incumbent council members Zach Cummings and Kari Nacy will serve their second four-year terms, joined by newcomer Nicholas Krukowski.

County Chair Phyllis J. Randall (D-At Large) joined the ceremony at the Ida Lee Recreation Center to praise the town and its elected leaders.

“On a regular basis, we see that the Town of Leesburg is on some list,” Randall said. “Best managed town, most beautiful town,” she said, continuing to list more.

“What people don’t realize is that those things don’t happen by themselves,” she said. She commended Burk for her work that the mayor never talks about and lets others take credit for.

Randall also offered remarks to each council member individually.

“Nick, if one half of this country gave one quarter of the service that you have, we’d have a very different country and a very different world,” Randall said. “It is amazing what your life has been.”

Randall cited Krukowski’s military career and deployment and his work as a firefighter. Krukowski has served with Loudoun County Fire and Rescue since 2008 and is a station commander in the Operations Division.

Krukowski reflected on his 21 years in the military and life of service.

“I’ve patrolled the streets of New

Orleans, locked and loaded. I’ve run into burning buildings. I’ve delivered babies, protected country music stars, and I can do a Rubik’s Cube in under a minute,” he said. “All these things have purpose, but I’ve found that being elected has really given me an opportunity for a new purpose and I’m just beyond excited to serve many of you in this room.”

Randall praised Nacy for representing the town well and her ability to “be kind of everywhere,” showing up at events all around town.

“You’re never partisan. It’s never about politics. It’s always about the service and that comes through all the time,” she said.

Nacy recalled her experience joining the council four years ago, when the members sat at the dais with dividers and masks. But she described her council service as “a dream come true” regardless of the circumstances.

She also thanked her council colleagues

for their professionality, cordiality, and ability to create lasting friendships. She added that their support and care helped her recently with her father was seriously injured in an accident.

“As long as we never lose sight of why we’re all up here representing the people who elected us, we will continue to do wonderful things for this town that we all love so much,” Nacy said.

After being sworn in, Cummings spoke to the importance of service for the town.

“If one of us needs help and nobody offers a hand up, then all of us have failed,” Cummings said. “So, I’m going to keep doing that for the next four years.”

He said there are times when council members disagree and might leave a meeting saying “what the heck are they thinking?” But, he said, residents should know that the council has the town’s best interest at heart.

At the end of the ceremony, Burk read a piece titled “Many Things I Know, I learned as the Leesburg Mayor,” her take on Robert Fogham’s poem “Everything I Need to Know I Learned in Kindergarten.”

Those lessons included sharing everything with other council members, not being unreasonable, being able to work with council members you disagree with, playing fair instead of making deals behind the scenes, not taking oneself too seriously, saying what you mean and meaning what you say, and be kind to everyone.

“You council members are now part of the 2025-2027 Leesburg Town Council,” Burk said. “Quite an auspicious group of personalities, that at times they drive you absolutely nuts and other times they will make you very proud. Enjoy the ride.” n

Bagdasarian Marks End of Town Council Service

BY WILLIAM TIMME wtimme@loudounnow.org

After not seeking election to a second term, Ara Bagdasarian last week participated in his final Town Council meeting.

“I truly enjoyed being up here with all of you and in the prior council,” Bagdasarian said during the Dec. 10 session. “I hope we continue making the progress we’ve made over the last several years, and it’s been an honor.”

Born in Buffalo, NY, as the son of a Syrian immigrant, Bagdasarian found his way to Leesburg and volunteered to serve on the town’s Economic Development Commission in 2004. That turned into an eight-year stint, including six years as the

chair. He was elected to the Town Council seat in in 2020.

Bagdasarian founded Omnilert, the world’s first school campus emergency notification system in 2004, and co-authored “The Lemonade Stand,” a book on entrepreneurship.

Mayor Kelly Burk spoke about the time she first learned that Bagdasarian would be a good fit for a position with the Economic Development Commission.

“Ara took the position and made a huge difference on economic development,” Burk said. “He had ideas and visions; I never changed my mind.”

She also touted the success of BENEFIT’s Crossroads Music Festival held in downtown Leesburg each fall.

AROUND town

Employers Sought for Career Expo

The Department of Economic Development is planning a career expo for students and recent graduates on Feb. 25 and is asking businesses to apply to participate.

A registration form may be completed at chooseleesburg.com/business-community/business-events. Registration is free and notifications of acceptance will be sent by Feb. 11.

For more information, contact Economic Development Assistant Director Melanie Scoggins at mscoggins @leesburgva.gov or 571-271-1206.

Mullen Orthodontics Marks 20 Years

Mullen Orthodontics celebrated its 20th anniversary with a ceremonial ribbon cutting Dec. 12.

The practiced opened in 2004 and provides the latest orthodontic techniques and treatments for pediatric, adolescent, and adult patients.

“I have been lucky to meet so many wonderful patients over the last 20 years, and it gives me great pride to see all of the beautiful smiles that we had a part in creating,” Dr. Russell Mullen said.

Learn more at mullenortho.com.

Town Issues Tips to Avoid Frozen Water Pipes

As another cold front approached, Department of Utilities is urging residents to protect their homes against the potential for frozen water pipes.

Bagdasarian co-founded BENEFIT, an organization of musicians and community leaders that organizes performances raise funds to support nonprofits serving children.

Town Manager Kaj Dentler applauded Bagdasarian’s collaborative style and approach to sharing ideas.

“We’ve learned probably far more from you than what you’ve learned from us,” Dentler said. “I think your diplomacy and advocacy is the way a statesman should be done. My compliments to your service.”

Bagdasarian told colleagues he’ll remain engaged in town issues, joking that he wanted to change his nameplate from “council member” to “petitioner.”

“I’ll be here,” he said. n

Residents are encouraged to insulate unheated parts of the home that contain pipes, such as crawl spaces, remove hoses from outside faucets, ensure household members know where the main shut-off valve is located, and shut off the water supply and drain the system if away from home for an extended time.

During extended periods of below freezing temperatures, residents should open doors to cabinets with water lines to help warm air circulate, keep a steady stream the size of “the lead in a pencil” running from the faucet highest in the house.

Residents may contact the department at 703-771-2750 or the Police Department non-emergency number at 703-771-4500 for assistance in the event of a frozen water meter. n

William Timme/ Loudoun Now

Mayor Kelly Burk prepares to give a speech and pass on lessons she’s learned to the recently sworn-in Town Council members.

Town Inks Electric Aircraft Charging Agreement

BY WILLIAM TIMME wtimme@loudounnow.org

The Town Council last week approved a lease agreement to install an electric aircraft charging station at Leesburg Executive Airport.

In August, Leesburg solicited proposals for companies to install a charging station. BETA Technologies was the sole respondent in September.

The Airport Commission in October recommended the town execute a 10-year lease agreement with the company. BETA’s site plan includes a 320 kW electric aircraft charging kiosk with a long cable-reel. Customers would use BETA’s mobile app to pay

for the charge. The kiosk is also compatible with electric cars. BETA Technologies will pay a $500 annual rental payment and share 10% of the payments with the town.

According to the staff report presented to the council, several electric aircraft manufacturers have expressed interest in operating from the airport.

During Sept. 24 council meeting, Airport Director Scott Coffman called electric aircraft an emerging technology, adding that the skies “weren’t exactly dark with electric aircraft yet.”

BETA Technologies has been building a network of charging stations, Coffman said. He added that one of the Leesburg-based flight schools has added an electric aircraft to its fleet. n

Public Piano Adds Tunes to Mervin Jackson Park

BY WILLIAM TIMME wtimme@loudounnow.org

Area residents can find a new colorful piano and public performance forum at Leesburg’s Mervin Jackson Park.

The park’s new amenities were unveiled by members of the Commission on Public Arts and the Leesburg Town Council during a ribbon cutting ceremony Monday evening. The 2,900-square-foot space near the Town Hall garage along Loudoun Street includes a brick patio, a surrounding seating wall with lighting, and the piano pavilion. COPA approached the council last year, with the idea of having a community piano.

The piano, installed under the new pavilion, features a colorful design to promote themes of harmony within both music and people.

“Music is one of those things that truly builds a bridge between cultures, between socioeconomic divides, between differences,” said Danielle Ferrin, who designed piano’s artwork, said. “The bid on this asked to design something that was about coming together, because we need that right? Post-COVID we all need a little help coming together.”

Ferrin said that the series of different circles and colors on the piano represent “us.” The different colored and sized circles interact and intersect with each other. The piano also has a list of quotes written on it from a diverse collection of people,

keeping with the themes of togetherness.

Quotes include: “No one can whistle a symphony, it takes the whole orchestra to play,” from H.E. Luccock; and “individually, we’re one drop; together, we’re an ocean,” from Ryunosuke Satoro.

During the unveiling, Mayor Kelly Burk noted the construction was completed in 45 days and thanked the town staff, calling it an “amazing record.”

Council Member Ara Bagdasarian’s band, Frayed Knots, performed Christmas songs and caroled with the crowd gathered for the event.

“Hopefully this happens every day, all the time,” Bagdasarian said, as he invited the mayor to sing with the band. n

William Timme/ Loudoun Now

Geoffrey Garnhart, member of local band Frayed Knots, plays a Christmas song on the Mervin Jackson Park piano for a crowd gathered for the Dec. 16 ribbon cutting ceremony celebration renovations.

Education School Board Approves $1.5B Six-Year Construction Plan

BY AMBER LUCAS alucas@loudounnow.org

The Loudoun County School Board last week approved a $1.5 billion six-year construction budget envisioning the construction of only one new school during the period.

The Capital Improvement Program calls for spending $129.8 million in fiscal year 2026, an $86.8 million increase over the plan adopted last year. Among the projects on the schedule for next year are $48 million in capital asset maintenance projects, $18 million to renovate and expand Waterford Elementary School, $12 million for energy conservation projects, $7.8 million for school bus replacements, $5.8 million in security improvements, $3.2 million to accelerate construction of inclusive playground, $3 million as part of a multi-year $183.4 million plan to expand middle and high school arts and performance programming, and $2.7 million as part of a multi-year plan to replace artificial turf on sports fields.

Changes made during a series of

School Board work sessions include shifting money from school bus replacement and nutritional equipment upgrades to the support the playground replacements.

Acceleration of the construction of inclusive playgrounds emerged as a top issue during the budget review, with special education advocates urging action during public comment periods.

“In my six years at Hillside, I always wanted an updated playground, even though I am no longer there. I’m so happy that my three younger siblings get to experience a new playground. Thank you for listening to our community and supporting our request,” Zoe Koontz, a sixth grader and Hillside Elementary alumna, said during the board’s final work session Dec. 10.

High school press boxes and walking tracks were moved from the 2026 budget to the 2027 budget.

The School Board also endorsed plans to establish a Transition School, which will provide students with disabilities opportunities to get hands-on work experience, with $5 million earmarked in fiscal year 2027 for that project.

During the final round of debate, Deana Griffiths (Ashburn) got no support from other members on her proposal to shift the $12 million planned for energy efficiency and conservation to other priorities, including playgrounds, career and technical education renovations and fine arts. She said those projects are a higher priority for the community than installing solar panels and LED lighting

Lewis disagreed. He said solar panels would pay for themselves in 17 years, which is half of the life cycle of the panels and would generate enough power to pay the electric bills for 10 elementary schools.

Lewis noted a policy adopted by the previous school board requires the staff to reduce the school system’s carbon footprint.

Other projects in the six-year plan include construction of a new $79 million elementary school on the Watson Mountain Middle School campus in fiscal year 2029, a $33 million eastern Loudoun transportation center in fiscal year 2031, and $124 million for school replacements and renovations.

The construction plan was approved on an 8-1 vote, with Griffiths opposed. n

Hams Give Hillsboro Charter Students a Space Station Hookup

BY AMBER LUCAS alucas@loudounnow.org

At approximately 1:45 p.m. Dec. 11, the International Space Station passed over Loudoun County, just close enough for Ham radio operator Steve Greene to send signals to Astronaut Suni Williams from Hillsboro Charter Academy. The call lasted about 10 minutes, and students and teachers were able to ask her a variety of questions about life in space. The connection was made through the Amateur Radio on the International Space Station program. ARISS is a worldwide program that connects schools to the ISS. They do about 100 schools a year, with 20 to 25 of them in the United States.

Dean of

Curriculum and technology

No Charges Filed Against School Board Member after Assault Claim

BY AMBER LUCAS alucas@loudounnow.org

Following a review of the case by the Clarke County Commonwealth’s Attorney’s Office, no criminal charges will be brought against Loudoun County School Board Member Deana Griffiths (Ashburn) in connection with an assault complaint filed with the Leesburg Police Department.

This decision was announced Dec. 11 after a three-week investigation by Leesburg Police and review of the evidence by an outside special prosecutor requested by the Loudoun Commonwealth’s Attorney’s Office to ensure impartiality.

The alleged assault happened after a Nov. 18 meeting. Heather Gottlieb, a vice chair of the Loudoun County Democratic Committee, took a video of Griffiths that showed the School Board member holding up a bag and folders toward the camera held by Gottlieb. Gottlieb can be heard accusing Griffiths of assaulting her and bumping her shoulder.

According to the announcement by Leesburg Police, the agency reviewed video footage and talked with both parties and witnesses of the incident. Investigators presented their findings to the Loudoun Commonwealth’s Attorney’s Office, which referred the case to the Clarke County office.

“The special prosecutor concluded that, while the conduct in question was inappropriate, it did not rise to the level of warranting criminal prosecution,” Leesburg Police stated. “Both the Leesburg Police Department and the Commonwealth’s Attorney’s Office underscore that this outcome does not condone or excuse the behavior involved. Instead, the decision reflects a prioritization of judicial resources for cases with a more direct impact on public safety and the community’s well-being.”

Griffiths said she is not surprised at the outcome, describing Gottlieb a “known agitator” who using tactics such as following people around with cameras.

Gottlieb said she was disappointed in the Police Department and urged prosecutors to reconsider their decision.” She said that not pursuing charges diminishes the justice system and that victims like her deserve their day in court. n

Amber Lucas/Loudoun Now

The Hillsboro Charter Academy Ham Radio Club with signed pictures of Suni Williams.

STATION continues on page 11

Harper Park Student Performs at Ford’s Theater

BY AMBER LUCAS alucas@loudounnow.org

Late one September night, right before he went to bed, eleven-year-old Arturo Soto learned he was chosen for the role of Turkey Boy in the Ford’s Theater production of Charles Dickens' “A Christmas Carol.”

“I didn’t think much of it until I realized, wow, this is, like, really big. And then I was happy about it. I was very happy because I honestly didn’t think I was gonna get in,” Soto said. “But I was happy, overall, very happy. I honestly didn’t think I did the audition well. So, it was very relieving to think that someone thought I did it well.”

His mother Keren Diaz had gotten the call earlier in the day but had waited until the entire family got home to deliver the news.

Soto auditioned for the part the Saturday before, getting a callback for the next day soon after his original audition. He plays a young Scrooge, a boy Scrooge tells to buy a turkey and dances in the Fezziwick scenes. There are two casts for the play that alternate between matinees and

nighttime showings.

He heard about the role from his elementary school music teacher, Jennifer Canales.

Diaz credits Canales with connecting her son with opportunities to perform, including in All-District and All-County choir. Soto said that Canales gave him his first opportunity to feel a spark with acting when she brought theater back to John W. Tolbert Elementary School with a production of “Newsies” when he was in fifth grade.

“They didn’t have a program in elementary school, but this new teacher, I think she came over the pandemic, she’s very into deep opportunities to the community. So, she created the chorus that year. I think it was the biggest chorus in the district, 100 kids,” Diaz said.

After Soto got the part in the Ford’s Theater production, it was very busy for the family. There were meet and greets, schedules and taking the young actor into the heart of DC for rehearsals. Both Diaz and her husband work full-time jobs, so it took coordination and lots of support from teachers, bosses and family to do what was needed.

Diaz said her boss let her have a

him during his big scene, when Scrooge throws down the money and tells him to buy the biggest turkey he can find. He describes this as his proudest moment so far in the production.

It also was his first time performing in front of a crowd that big.

“It was almost full. It was the first time I’d ever seen such a big crowd. The theater was really big, but I didn’t think it was going to fill up that much. I was like, I just have to act under this pressure. I can do this. I’ve done harder things,” he said.

Soto has also received support from his teacher and friends. Even though he often has to leave school early to go to practice, his teachers keep in touch and are willing to help with what he missed.

special schedule to allow for the time it takes to get from Leesburg to downtown DC. It can take them two hours to get into the city.

Despite the traffic and scheduling worries, Soto made it to his first rehearsal. Most rehearsals comprised of a “circle up” portion where they would set expectations before moving into the scenes they were having trouble with.

“I was scared because, like all of them, everyone in the cast looked really friendly, but it was something scary. I thought I was the only one there that didn’t look as professional, didn’t have all the stuff that they had. So I was little scared, but also I was happy to be there,” Soto said.

His fear faded as rehearsals went on. Eventually, Soto reached a point in one rehearsal where they didn’t have notes for

Soto also recalls his friends not believing him when he said he got a part performing at Ford’s Theater. Once he showed them proof, however, they were very happy for him, a relief for Soto. His friends are also actors, and he was afraid they would be upset at not getting the same opportunity. His friends even organized a big group of supporters who are going to attend Soto’s performance on Dec. 29.

While Soto doesn’t know how mush he’ll pursue acting in the future, he is grateful for the opportunity and experience performing at Ford’s Theater has given him.

“I was happy about it, because I love acting, I love singing, I love dancing, all these things. It just made me feel happy, because I thought someone actually wanted me and how they knew I was, like, good and stuff, my mom actually like broke down in tears when she found out that I was in the play,” Soto said.

“A Christmas Carol” is running through Dec. 31. More information and tickets can be found at fords.org. n

Gary Erskine

Arturo Soto as Boy Scrooge and Craig Wallace as Ebenezer Scrooge in the 2024 Ford’s Theatre production of A Christmas Carol, directed by Michael Baron.

Frances Hazel Reid Elementary School Renaming Project Yields 90+ Alternatives

BY AMBER LUCAS alucas@loudounnow.org

The Frances Hazel Reid Elementary School Renaming Committee agreed last week to await the final results of a community survey and to review the list of more than 90 suggestions before making its recommendation to the School Board next month.

Chair Larry Roeder said he wants to the panel to arrive at a consensus at its next meeting on Jan. 6.

The School Board voted to move forward with renaming the Leesburg school after a 2020 review of school names and mascots that could be associated with systemic racism. Frances Hazel Reid Elementary was added to the list because of Reid’s involvement in the Daughters of the Confederacy in the 1920s. Reid is best known for her decades of work at the Loudoun Times-Mirror newspaper.

The renaming committee assembled in October and is divided on keeping the current name among its recommendations. However, several members who opposed changing the name expressed willingness

Space Station

continued from page 8

teacher Megan Tucker called it a once in a lifetime experience for Hillsboro.

Questions from the students ranged from how astronauts bathed in space to the best innovation on the ISS.

“If you could wish for one item right now, what would it be,” asked Anna Parker, an eighth grader and Hillsboro alumni.

Williams said that she really missed her animals down on Earth.

Another question came from alumni Kate Ellinger, whose sister Juliet Ellinger is a fifth grader in the Ham Radio Club at Hillsboro. She asked if she could feel the space station move around her, which prompted an explanation of how astronauts float through the space station.

After the call with Williams ended, the children also got to ask Greene questions about being a Ham radio operator. He told stories of playing with the radio dials as a child and talking with people all over the world.

Student Juliet Ellinger said the experience inspired her to pursue getting a Ham radio license later on.

Even though the call was short, the process of being able to talk to the astronaut took almost a year. Tucker said she filed in the application in January and got approved in the spring.

One of three Ham Radio Club teachers

to use non-person names for the school. Limestone Elementary and Kindness Elementary were suggested. Other committee members have suggested names of other people, including John C. Walker, Jacob Lawrence and Katherine Johnson.

A public survey that ended Dec. 16 generated more than 90 different suggestions.

During the committee’s previous meeting, Becky Fleming of the United Daughters of the Confederacy said that the UDC denounced its concerning connection with the Ku Klux Klan in 1921, before Reid’s involvement with the organization.

Last week, Pastor Michelle Thomas, president of the Loudoun Chapter of the NAACP, highlighted her research on activities of the UDC to support the glorification of the Confederacy through the Lost Cause narrative that sought to deny that Civil War was rooted in efforts to continue slavery.

Thomas said that work remained the cornerstone of UDC activities at the time Reid helped to create the Loudoun chapter.

Knowing that, Thomas said, the school’s name must be changed. n

at the STEM-oriented school, Tucker said that she got her license after attending an American Radio Relay League summer camp for teachers in Connecticut.

“After that, I felt comfortable enough to attend a local meeting where you need the help of a local club to fill out the application. The application process is very long. We are one of nine schools chosen for this in the United States [this quarter],” she said.

Even after approval, schools have to provide updates to ARISS every 15 days about their curriculum and how they are getting students excited about amateur radio.

“You have to submit pictures. You have to prove that it’s not just the contact, it’s a whole educational experience,” Tucker said. “I started filling out that paperwork in June, and I’ve been doing that to keep them updated with it.”

Scheduling the call also took some time. Not only did they have to wait for the space station to pass overhead, but they had to make sure the orbit was high enough so the mountains would not interfere.

Ham radio students also got to take home signed pictures of Williams because of a chance meeting with Tucker in 2018 where she was given the photos.

“But the problem was, I’m going to have to watch the live stream, because I was so blown away that we’re listening to space I don’t know what any of her answers were,” Tucker said about her own experience. n

Student Reassignment Changes Approved, VHSL Could Be Own Policy

BY AMBER LUCAS alucas@loudounnow.org

Changes to Loudoun County’s school reassignment policy, which will limit the schools open for student transfer applications, passed unanimously during the Dec. 10 School Board meeting.

The policy review was triggered by School Board member Anne Donohue (At-Large), who said that she received emails from constituents worried about overcrowded schools.

The policy now prohibits special permission requests to transfer to schools that are projected to be at 90% capacity, a reduction from the previous 95% threshold. It also explicitly states that a renewal application must be submitted by March 1 each year for middle schoolers, and that approved middle school applications do not guarantee admission to the feeder high school. Elementary school parents must submit a new application each year.

The timelines for the applications also changed. Applications may now be

submitted starting the first business day in February and must be in by April 30, a change from the April to June window. For full-time school division staff members with students in the system the window starts the first business day in January with the same deadline, changed from the previous March-June window.

A last-minute amendment by Donohue sparked a debate over whether to remove a section warning students that a transfer to another school could result in one year of ineligibility to participate in Virginia High School League sports.

School board members decided to leave the warning in the reassignment policy but agreed to develop a separate policy on the VHSL procedures in the future.

“I support leaving the language in the policy at this time, so that we are doing another step to make it as clear as we can to parents what the differences are and what their obligations are if they pursue special permission,” Donohue said.

The policy changes were approved unanimously. n

Felony Animal Cruelty Charge Moves to Grand Jury in Middleburg Case

BY HANNA PAMPALONI hpampaloni@loudounnow.org

A District Court judge ruled Monday there was probable cause to advance an animal cruelty charge against a Middleburg woman to a Loudoun grand jury.

Patricia Burby is charged with one felony count of torturing/maiming a dog following an investigation by Loudoun County Animal Services that resulted in 19 dogs and six cats being removed from her home. Nine related misdemeanor charges were dropped by the Commonwealth’s Attorney’s Office.

The charges were filed after animal services received a call alerting them to poor conditions endured by the animals at Burby’s Middleburg-area residence July

25. Officers found three dogs outside the home, each looking thin, according to testimony from Officer Jennifer Henry.

Henry said she also found another dog outside, later determined to be named Wesley, that was unable to stand due to his poor health. A veterinarian determined he had been starved for weeks and needed to be euthanized.

Inside the home’s basement, Henry found other dogs caged and three “mummified” dog bodies that were mostly hair and bones, she said. Upstairs were more dogs and cats in poor conditions.

Burby’s attorney, Ryan Campbell, said Burby had been in the hospital for five days and left the dogs in the care of Angela Pappas, who had lived with Burby off and on for years. Pappas traded help for care of animals on the property for room

and board.

During testimony, Pappas said she had been told by Burby to care for the upstairs dogs but was not allowed to go into the basement, which was kept locked. She said she was afraid for her life.

However, Pappas said she did go into the basement July 22. Later she told her mom who, after going with her into the basement and moving Wesley outside, called 911 to report the conditions.

Pappas removed six of her own dogs and a few others from the home before animal services officers arrived.

Campbell argued that there was controversy over who was responsible for the animals because Pappas lived in the home and helped care for the animals as part of her deal with Burby to live rent free.

The judge did not find that that was the

case, instead forwarding to a grand jury and then to Circuit Court for trial. Burby is expected to appear in court Jan. 14, following the next grand jury session.

Burby was initially arrested Sept. 12 and later released on a $5,000 unsecured bond.

During a Sept. 6 District Court hearing, Burby was ordered to pay $23,500 in restitution to the county to cover the cost of animal care after custody of the 25 animals was transferred to animal services. The judge also issued an indefinite ban on her ownership of companion animals.

In addition to her own pets and several animals being boarded in the home, Burby allegedly was also fostering animals for a Fairfax-based poodle rescue.

If convicted, she faces a sentence of up to five years and a fine of up to $2,500. n

New Yorker Pleads Guilty to Leesburg Target Theft

BY WILLIAM TIMME wtimme@loudounnow.org

A New York man received a sentence of two years of supervised probation after pleading guilty to grand larceny during a Dec. 12 Circuit Court hearing.

Edison Pinto Padron, 25, was among 10 other New Yorker residents charged with similar crimes after being accused of taking a large amount of merchandise from the Target store on Edwards Ferry Road in Leesburg.

In exchange for the guilty plea, the Commonwealth’s Attorney’s Office agreed not to prosecute him on additional charges.

Judge Stephen E. Sincavage also sentenced Pinto Padron to a suspended two-year jail sentence and ordered him to pay $436 in restitution and $405 in court costs.

Defense attorney Ryan Campbell said Pinto Padron was with a group of travelers passing through Loudoun County from New York on a trip to the beach. He said one member of the group posed the idea of stealing from the Target; the theft was not the purpose of the trip, he said.

Campbell also said Pinto Padron has a medical condition for which he was not receiving treatment in jail. Pinto Padron’s probation forbids him from using substances and includes screenings for alcohol and illicit substances.

“I would like to ask forgiveness from you [Judge Sincavage] and everyone in this country for this crime,” Pinto Padron said in court.

He was one of final members of the group to go through the court system. The remaining two suspects charged in the case are being held in federal custody. n

Sterling Man Dies in Motorcycle Crash

The Sheriff ’s Office is investigating a fatal collision between a motorcycle and a passenger vehicle that happened Dec. 9 in Leesburg.

The crash happened at approximately 1 p.m. last Monday at the intersection of Fort Evans Road and Forest Spring Drive.

According to the report, the motorcycle rider, Ijumaa Malik Mc-

Cutcheon, 52, of Sterling, was transported to a hospital where he died. The driver of the passenger vehicle also was taken to a hospital for treatment and then released.

The Sheriff ’s Office is asking anyone who witnessed this accident or may have any relevant information to contact Investigator Atchison at (703) 777-1021. n

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JK Community Farm Donates Nearly Quarter Million Pounds of Produce

The nonprofit JK Community Farm wrapped up its 2024 growing season in which 6,700 volunteers raised more than 247,000 pounds of fresh, organic produce and proteins for donation to area food banks.

Based at a 150-acre farm near Purcellville, the operation has provided more than 1.2 million pounds of food donations since its start in 2018.

“We are grateful to our volunteer workforce and donors who have helped us meet the growing needs of our community. We continue to grow and evolve as part of our commitment to being a great partner in ending hunger as well as an educational resource about chemical free farming,” stated Executive Director Samantha Kuhn.

This year, the volunteers included teams from more than 75 companies from across the U.S. and as far as away Ireland. Volunteers help with planting, weeding, and harvesting at the farm.

The chemical-free community farm grows more than 67 varieties of produce including broccoli, kale, peppers,

cabbage, cauliflower, watermelon, summer squash, butternut squash, kohlrabi, lettuce, and potatoes. This year, the operation expanded to include an orchard of 100 fruit trees—apples, pears, persimmons, and cherries—added 22 perennial raised beds, and trialed a new regenerative herb plot.

The farm also provides education about food justice and healthy eating. This year, the farm developed a hands-on program to help kids and their families better understand the connection between soil, plants, people, and health. The curriculum builds on the farm’s school field trip program that launched during the COVID pandemic.

Major donors supporting the farm include JK Moving Services, Truist, Charlson Bredehoft Cohen &Brown, Joseph E Roberts Charitable Trust, Joyce Van Lines, and Virginia Easement Exchange.

The produce is distributed by Loudoun Hunger Relief, Food for Others, Arlington Food Assistance Center, and DC Central Kitchen.

Learn more at jkcommunityfarm.org n

GIVING back

Gilbert Joins Northern Virginia Community Foundation Board

Paul Gilbert has joined the Community Foundation for Northern Virginia Board of Directors. He is a member of the foundation’s Investment Committee, where he helps oversee its investment portfolio, ensuring that the assets are managed in alignment with its mission and goals.

Since 2005, Gilbert has served as executive director of NOVA Parks, leading the creation of 18 new parks, the acquisition of over 2,500 acres of parkland and the development of innovative revenue streams. He has also spearheaded efforts to protect rare habitats and promote sustainable growth. In addition to his work at NOVA Parks, he is an executive in residence at George Mason University. His contributions to leadership and public service have earned him several awards, including the 2022 Freedom Fund Award from the Fairfax NAACP and the 2017 Distinguished Alumni Award from George Mason University.

7x24 Data Center Workers Tally Community Impact

The 7x24 Exchange DC Chapter, which represents hundreds of data center professionals in the region, released its 2024 charitable and community impact numbers during its annual holiday party.

The tally includes more than $150,000 and many hours of volunteer time providing scholarships and supporting area charities addressing issues from food insecurity to foster care and workforce development.

“The D.C. region is the largest data center market in the world, and beyond providing the physical infrastructure for the Internet, our members pride themselves in community leadership,” DC Chapter President Karen Petersburg stated. “We are your neighbors, and our members live, work, play and learn here. This community has embraced us, and we’re excited to meet the need when gaps arise.”

Among this year’s events were the Cloud Run in April that raised $20,000 for the Dulles South Soup Kitchen and $20,000 for college scholarships, the golf tournament that raised $26,560 to expand programming for veterans, first responders, and their families at the Boulder Crest Foundation in Bluemont; and support for Loudoun Education Foundation’s Fueled program, which provides

food security for Loudoun County Public School students and their families.

“The 7x24 DC Chapter is rooted in this community, and is committed to addressing its unique challenges,” Community Outreach Chair Trisann Ferrigno stated. “Since our inception, we have reinvested more than $700,000 and countless volunteer hours to fight hunger and homelessness and support vital community services. We’re always looking for new charitable partners, and we hope to grow our impact in 2025 and beyond.”

Learn more at 7x24dc.org.

Milltown Haunt Donates

$1K to The Arc of Loudoun

Loudoun’s newest haunted attraction, Milltown Haunt, donated $1,000 to The Arc of Loudoun.

Milltown Haunt owners GG and Sarah Gregg launched the haunted tours this year to unite a community bound by a passion for the art of the scare and to give back to local organizations. They donated a portion of the proceeds from their inaugural season to The Arc of Loudoun while also hosting a Walk for Wildlife with Loudoun Wildlife Conservancy and donating almost 100 pounds of canned food to Loudoun Hunger Relief.

“Before we started Milltown Haunt, we knew we wanted to give back to the community, and The Arc of Loudoun is close to our family,” Sarah Gregg said. “We’re glad and proud we’re able to support an organization that means so much to us.”

The Greggs were active volunteers for many years with The Arc of Loudoun’s former haunt “Shocktober” and assembled many of those crew members for the new event.

“The local haunt community has always been such a cause for good,” The Arc of Loudoun CEO Lisa Max said. “We are extremely grateful for the support, and for people like GG and Sarah who do more than just run a successful business—they use it to make a real difference in their community. By making opportunities for local members of the haunt community to, once again, be a part of something amazing is such a gift. In addition to reuniting Shocktober’s family of volunteers, the Gregg’s made this generous donating during the tumultuous first year of a business. Sarah and GG are wonderful people who continually do wonderful things for Loudoun.”

More information is online at  milltownhaunt.com and  thearcofloudoun.com. n

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Frye Court Residents Ask for Special Tax Relief

BY HANNA PAMPALONI hpampaloni@loudounnow.org

Residents living along Frye Court in Lovettsville gathered last week in the Town Council chambers to ask for relief from the special tax levied on them to support a pump station that serves their neighborhood.

The special tax district was formed in 2003 to finance the pump station that connects the homes to the town’s utility system. While most of Lovettsville relies on a gravity-fed sewage system, the topography requires some homes to use the additional pump system. In 2019, the Villages of Lovettsville neighborhood was built, and it was agreed that those homes would also be served by the pump station, which was approved as part of a proffer agreement.

The tax, which is currently 23.3 cents per $100 of assessed land value, is charged to 28 homes within the town’s limits. The revenue is intended to cover maintenance, repairs and replacements needed at the pump station. The council voted earlier

After Recount, Arena Wins Special Election by 3 Votes

BY HANNA PAMPALONI hpampaloni@loudounnow.org

After a vote recount was requested by Lovettsville Town Council candidate Charles Cooper, results show his opponent Ann Arena won by three votes – a closer margin than originally reported.

Arena and Cooper were vying to fill a vacancy on the council with a term that expires Dec. 31, 2026. Cooper said he requested the recount as a matter of due diligence because of how close the race was.

Certified results showed Arena ahead by six votes, 674 to 668. In the recount Arena gained one vote bringing her to 675; Cooper gained four, bringing him to 672. Following those results, Cooper conceded the race.

this year to reduce the tax rate from 24 cents.

A pump failure in September depleted the $24,000 reserve fund for repairs and improvements. Now residents are con-

cerned that they’ll be called on to pay higher taxes to rebuild the reserve.

FRYE COURT

continues on page 21

Lovettsville Council Backs Away from Increased Population Threshold Request

BY HANNA PAMPALONI hpampaloni@loudounnow.org

After initially considering a clause in its 2025 legislative agenda to request an increase to the population threshold that allows small towns to avoid many mandates imposed on larger localities, the Lovettsville Town Council decided not to include it in the policy statement.

Towns over 3,500 residents are required to abide by several State Code mandates including taking over street maintenance responsibilities from VDOT, requiring candidates to submit their economic interests disclosures to the general registrars during elections, stricter disclosure statements from council members and some town employees and establishing a personnel policy for public property.

The town also would be required to submit an annual report to the Department of Housing and Community Development with the amount of revenue collected over the year in connection with the processing, reviewing, and permitting of applications for residential land development and construction ac-

tivities, and conduct a yearly audit of all the town’s accounts and records.

The most recent census conducted shows Lovettsville’s population has reached 2,694 residents, leaving some council members concerned about the cost the town would bear if they surpassed the limit.

However, during a meeting Dec. 11, the council approved priority list for the upcoming General Assembly session without the request to increase the limit, citing concerns expressed by residents that it would encourage growth beyond Lovettsville’s small-town character.

Since last month’s discussion, a 27-acre parcel within town limits has been posted for sale. Originally planned for a brewery and possible Airbnb-type business, the property could now permit houses subdivided into five-acre lots. It is zoned as the town’s lowest density district.

“It’s a good thing that we had the extended discussion … I would request, especially given the developments of late, that we strike [that policy statement],” Mayor Christopher Hornbaker said.

“I think it’s wise to take it out at this point,” Council Member Tom Budnar agreed. “I think it probably warrants

more discussion in the future with clarification because I don’t think anybody’s intent was ever to invite the town to grow over the 3,500, but I think there was some concern there.”

The rest of the document largely aligns with what is recommended by the Virginia Municipal League, Town Manager Jason Cournoyer said.

It supports retaining local zoning authority, specifically for accessory dwelling units, which Loudoun mayors were concerned would be overridden from bills considered during the 2024 legislative session. Several of those bills were continued to 2025 for further consideration.

In addition to policy positions approved last year, the document also adds statements supporting local authority for how to tax and regulate land use for cannabis products and a request to not set a PFAS containment level until more research has been conducted.

The legislative agenda passed 4-0 with Council Member Brandon Davis absent and one vacancy on the council. The document is presented to the town’s state representatives to help guide their votes in the upcoming session. n

He said he was happy with how the process went and praised the Elections Office and the recount participants for their professionalism.

“I can’t say enough about how professional the people were,” he said. “They had 20 people there from different political parties and different backgrounds and everything. And all of them were very serious about what they were doing and very dedicated to the process. It was very well done from the sheriff ’s deputies stationed outside the door making sure everything was closely guarded. The ballots are really kept sacred. There’s no question they knew where everything was.”

Cooper said he is considering seeking a Planning Commission appointment, citing his background as a good fit. The council is expected to fill two commission vacancies in January.

“I think that would be an ideal spot for me to serve the town, and who knows what the future holds,” he said.

Ten teams of two bipartisan election officers selected by the registrar gathered at the Elections Office on Dec. 12 along with the Registrar Judy Brown, her staff, Clerk of the Circuit Court deputies and members of the Electoral Board to conduct the recount.

Arena will be sworn into office Dec. 16 along with returning Mayor Christopher Hornbaker and council members Tom Budnar, Stuart Stahl and David Earl.

“It is wonderful being a part of a community that clearly values our voting rights and got out to exercise them this last election cycle,” Arena told Loudoun Now in an email. “I want to thank Charles Cooper III for his effort and his great supporters for such a close race. I look forward to serving them and the rest of Lovettsville during my term to the best of my ability.” n

Hanna Pampaloni/Loudoun Now

Residents who live along Frye Court in Lovettsville are part of a special tax district; revenues from the tax are used to pay for maintenance and repairs of a sewage pump station that serves homes along Frye Court.

Business

AROUND towns

LOVETTSVILLE

Light Up Winners Announced

Each year businesses and residents compete in the town’s Light Up Lovettsville contest to see which buildings can best decorate for the holidays.

Categories range from most traditional to most lights. The judges, consisting of council members and staff pile into a bus, to drive throughout the town and find the winners.

This year’s top contestants were awarded during a Dec. 11 council meeting.

The winners of the Thomas Kinkade Best in Show Award were the Bradley's at 8 Daniel Keys Place. Other winners include 6 S. Loudoun Street, Bing Crosby Award; 30 Tritapoe Place, Chevy Chase Award; 9 Bavarian Way, Rudolph Award; Lower West Side of Eisentown Dirve, Juniper Award; and Willow's Vintage Charm, Best Decorated Business.

LUCKETTS

Chapple Named Ruritan's Citizen of the Year

Frye Court

continued from page 16

During a Dec. 11 special meeting, HOA President Madeline Dempsey said the Town Council in 2018 gave the Villages of Leesburg developer an option to “fix” the sewage problem or “pass” it on. The developer made some minor improvements, Dempsey said but largely passed the cost on to property owners.

“As our governing body, what was your thought process to pass that on to the taxpayers, versus making a developer, who obviously puts a lot of money in the town, which I assume that’s why?” Dempsey said.

Mayor Christopher Hornbaker said the initial decisions to approve site plans for the Villages of Lovettsville was made before he or anyone else currently on the council was elected.

“Virginia Code indicates for sewage, for water, for streetscapes, for other needs, you can create service districts and assess either a stand-alone assessment or a tax district to maintain it,” he said.

Dempsey asked if at some point the cost of maintaining the pump could be covered in part by the entire town, rather

The Lucketts Ruritan Club awarded Holly Heider Chapple the club’s Citizen of the Year during the organization’s annual awards dinner.

She is the owner of Hope’s Flower Farm.

The award is given to an individual who has demonstrated exceptional citizenship and commitment to the community of Lucketts.

“Holly has made her farm on Stumptown Road a destination not only for her customers, but for the community as well,” Club President Mike Dunn said. “Hope’s Flower Farm is much more than a winery and flower business. It is a resource for organizations that work to support the needs of the local community.”

MIDDLEBURG

2 Promoted to First Class in Police Department

As part of a year-long effort to help recruit and retain police officers, the Town Council last week celebrated two promotions to the newly created rank of office first class.

Daniel Hinegardner and Frank Barlan were promoted to the rank, which recognizes an increased level of train-

than just her neighborhood.

“We’re already paying a crap ton of tax dollars because we’re living in Loudoun County,” she said. “We’re already paying Lovettsville taxes. We have now private taxes, personal taxes. Now we have this tax.”

Cutting the tax, even just by half, and having the town pick up the remaining cost would give some relief to the neighborhood while being only “pennies in the bucket” for the town, Dempsey said. Residents are paying $500 a year for HOA fees and $400 for the Frye Court tax in addition to the regular county and town taxes, she said.

“I’m trying to ask to find a way to give some of our folks a break here,” she said.

Hornbaker said, while for Fyre Court the problem is sewage, neighborhoods everywhere have facilities that need maintaining by the residents’ fees.

His neighborhood has three stormwater management ponds that need to be dredged regularly, he said.

“I’ve always been of the position that if we have to maintain stormwater in Town Center or Park Place, or Heritage Highlands, or in Newtown Meadows, Kings Ridge I believe has at least two, that these are functions that need to be maintained

ing and experience. Barlan is the town’s newest police officer, after previously serving with the Warrenton Police Department.

Chief Shaun D. Jones said the special recognition was an important way to attract and retain high-quality officers.

“If they invest in us, the town, we will continue to invest in them,” he said.

Future of Asbury Church Takes Shape

After a year-long consultant study, the Town Council next year is expected to set a course for the renovation and reuse of the town-owned Asbury Church.

The Commonwealth Preservation Group last week presented its final report, documenting the condition of the 1829 building and the results of a community outreach program that included a survey and community meetings to gather input on future uses for the North Jay Street property.

The 2,660-square-foot building has been used as a Methodist Episcopal Church, a storehouse, a Civil War government depot and hospital, and a Methodist Episcopal church for the town’s Black residents. The building has been vacant since 1994. It was donated to the town in 2014.

The study found agreement behind efforts to establish the property as an interpretive site highlighting the history of the building and the story of the Black community. Also likely is some community gathering space to host events, although the site’s limited parking and location in a residential neighborhood would keeping events small.

To move forward with the project, the town’s next step is to conduct more detailed architectural and engineering studies to learn more about how the space could be used and the cost of renovations.

Donation Brings

Hometown Weather Data

Another amenity is being added to the new Town Hall Campus.

John Ross donated a weather station kit to the town with the goal of giving town leaders and residents more information about environmental conditions, data that could be particularly important during events like this year’s prolonged drought. The package will allow real-time information to be shared on the town’s website.

The station will be installed in the parking lot of the municipal center. n

within each of the houses that are serviced by those facilities,” he said.

Dempsey said the comparison is “apples and oranges” and that her neighborhood already pays taxes to the town for sewage services.

“I’m asking for you to look at it from our perspective,” she said. “You allowed someone to do this. You allowed someone to put your constituents in a position of this. You allowed the maintenance to go unseen. You allowed that to happen, which I don’t know why, but it happened, which caused this catastrophic failure, which caused us $22,000 or more in damage, which now took our reserves. Now it’s going to increase our costs, I’m assuming at some point.”

Hornbaker asked Town Manager Jason Cournoyer if inspections of facility had ever stopped.

Cournoyer said they had not, but that a lack of monitoring had contributed to the inflow and infiltration that increases flows during storms. Regular inspections do not involve dredging up the entire pit which could have uncovered the I&I problem sooner.

HOA Vice President Jim McCarten said residents are also concerned that they will be responsible for further improvements.

“Who would bear the responsibility and cost of the new installation of replacement pumps now that the reserve account has been depleted. Would that be a special assessment that could be levied against the HOA or the members of the service district? Or would it be something that the town would absorb?” he asked.

Cournoyer said if a higher rate was going to be implemented by the Town Council, it would need to go through the regular legislative process including advance notice and a public hearing on the proposal.

McCarten asked what would happen if the pump failed tomorrow before the reserve fund is replenished.

“It will be repaired, and we would figure that out, because it may be over years afterwards. So, your point is fair. If we are 100% reliant on the capital reserve and it’s extinguished in any event, a logical thing would be you have to reimburse that. I understand where you’re going that,” Cournoyer said.

Town Council members took no action during the meeting. n

TOMMY BOUCH

5:30 to 8:30 p.m. Thursday, Dec. 19

Bear Chase Brewing Company, 33665 Bear Chase Lane, Bluemont. bearchasebrew.com

TEJAS SINGH

6 to 9 p.m. Thursday, Dec. 19

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

CARY WIMBISH

5 to 8 p.m. Friday, Dec. 20

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

MATT DAVIS

5 to 8 p.m. Friday, Dec. 20

Lark Brewing Co., 24205 James Monroe Highway, Aldie. larkbrewingco.com

JOHN BENJAMIN

5 to 8 p.m. Friday, Dec. 20 Harpers Ferry Brewing, 37412 Adventure Center Lane, Loudoun Heights. harpersferrybrewing.com

SHANE GAMBLE

5 to 8 p.m. Friday, Dec. 20

Quattro Goombas Brewery, 22860 James Monroe Highway, Aldie. quattrogoombas.com

DYLAN WOELFEL

5 to 8 p.m. Friday, Dec. 20 Harvest Gap Brewery, 15485 Purcellville Road, Hillsboro. harvestgap.com

ESCAPE GOAT

5:30 to 8:30 p.m. Friday, Dec. 20 Lost Barrel Brewing, 36138 Little River Turnpike, Middleburg. lostbarrel.com

PATTY REESE

6 to 9 p.m. Friday, Dec. 20 Flying Ace Farm, 40950 Flying Ace Lane, Lovettsville. flyingacefarm.com

KERRY OC

6 to 9 p.m. Friday, Dec. 20

Solace Brewing Company, 42615 Trade West Drive, Sterling. solacebrewing.com

MELANIE PEARL

6 to 9 p.m. Friday, Dec. 20 Bear Chase Brewing Company, 33665 Bear Chase Lane, Bluemont. bearchasebrew.com

TEJAS SINGH

6 to 10 p.m. Friday, Dec. 20

Stoneleigh Golf and Country Club, 35271 Prestwick Court, Round Hill. tejassinghmusic.com

Leesburg Lovett sville

THE AMISH OUTLAWS

7 to 11 p.m. Friday, Dec. 20

Tally Ho Theater, 19 W. Market St., Leesburg. $20. tallyhotheater.com

ROBERT MABE

8 to 11 p.m. Friday, Dec. 20

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

BADLANDS

9 p.m. to Dec. 21, 1 a.m. Friday, Dec. 20

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

MATT DAVIS

1 to 4 p.m. Saturday, Dec. 21

Lark Brewing Co., 24205 James Monroe Highway, Aldie. larkbrewingco.com

DEANE KERN & ERIC SELBY

1 to 4 p.m. Saturday, Dec. 21

Fleetwood Farm Winery, 23075 Evergreen Mills

Road, Leesburg. fleetwoodfarmwinery.com

BELLA KOLLAR

1 to 4 p.m. Saturday, Dec. 21 Creek’s Edge Winery, 41255 Annas Lane, Lovettsville. creeksedgewinery.com

MIKE RICHARDS

1 to 5 p.m. Saturday, Dec. 21

Bear Chase Brewing Company, 33665 Bear Chase Lane, Bluemont. bearchasebrew.com

TED GARBER

1:30 to 4:30 p.m. Saturday, Dec. 21, Sunset Hills Vineyard, 38295 Fremont Overlook Lane, Purcellville. sunsethillvineyard.com

BRIAN HARRIS

1:30 to 4:30 p.m. Saturday, Dec. 21

8 Chains North Winery, 38593 Daymont Lane,

Waterford. 8chainsnorth.com

JASON TEACH

1:30 to 4:30 p.m. Saturday, Dec. 21

Bleu Frog Vineyards, 16413 James Monroe Highway, Leesburg. bleufrogvineyards.com

DOUG BELL

2 to 4 p.m. Saturday, Dec. 21

Two Twisted Posts Winery, 12944 Harpers Ferry Road, Hillsboro. twotwistedposts.com

ANDY HAWK & TRAIN WRECK ENDINGS

2 to 5 p.m. Saturday, Dec. 21

Quattro Goombas Brewery, 22860 James Monroe

MUSIC continues on page 23

Purcellville Middleburg

Holidays in Loudoun

The holiday season in Loudoun County is filled with community gatherings including parades, tree lighting festivities and numerous Santa sightings. Here are some of the sights our cameras captured this month; there are plenty more on our website documenting the ample supply of Christmas cheer being spread this year. n

continued from page 22

Highway, Aldie. quattrogoombas.com

STEVE BOYD AND FRIENDS

2 to 5 p.m. Saturday, Dec. 21

The Barns at Hamilton Station Vineyards, 16804 Hamilton Station Road, Hamilton. thebarnsathamitonstation.com

EVAN ROSS

2 to 6 p.m. Saturday, Dec. 21

Old Farm Winery at Hartland, 23583 Fleetwood Road, Aldie. oldfarmwineryhartland.com

PETTY THEIVES

2 to 5 p.m. Saturday, Dec. 21 Old 690 Brewing Company, 15670 Ashbury Church Road, Hillsboro. old690.com

LUCAS MASON

2 to 5 p.m. Saturday, Dec. 21

Firefly Cellars, 40325 Charles Town Pike, Hamilton. fireflycellars.com

ROWDY ACE TRIO

2 to 5 p.m. Saturday, Dec. 21

Harvest Gap Brewery, 15485 Purcellville Road, Hillsboro. harvestgap.com

LAURA CASHMAN

2 to 5 p.m. Saturday, Dec. 21

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

GARY SMALLWOOD

3 to 6 p.m. Saturday, Dec. 21 Flying Ace Farm, 40950 Flying Ace Lane, Lovettsville. flyingacefarm.com

ROBERT MABE

4 to 7 p.m. Saturday, Dec. 21

Lost Barrel Brewing, 36138 Little River Turnpike, Middleburg. lostbarrel.com

MATT HUSSION

6 to 9 p.m. Saturday, Dec. 21

Bear Chase Brewing Company, 33665 Bear Chase Lane, Bluemont. bearchasebrew.com

TODD BROOKS DUO

6 to 9 p.m. Saturday, Dec. 21

Harvest Gap Brewery, 15485 Purcellville Road, Hillsboro. harvestgap.com

NIRVANI: A NIRVANA TRIBUTE EXPERIENCE

7 to 11 p.m. Saturday, Dec. 21

Tally Ho Theater, 19 W. Market St., Leesburg. $15. tallyhotheater.com

CROSS CUT SAW

7 to 9 p.m. Saturday, Dec. 21

Clubhouse, 19375 Magnolia Grove Square, Lansdowne. lwva.org

LAURA CASHMAN

8 to 11 p.m. Saturday, Dec. 21

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

POINT OF ROCK

9 p.m. to Dec. 22, 1 a.m.

LIVE MUSIC continues on page 24

BRUNO SOUND

Friday, Dec. 20, 5:30-8 p.m. Willowcroft Farm Winery willowcroftwine.com

Enjoy the captivating tunes of The Bruno Sound, bringing joy with holiday music. Get into the festive spirit with holiday wine cocktails and mulled wine, perfect for a cozy winter evening.

AMISH OUTLAWS

Friday, Dec. 20, 7 p.m. Tally Ho Theater tallyhotheater.com

The Amish Outlaws turn their high-energy show up another notch for their Amazing Holiday Spectacular.

Saturday, Dec. 21, Spanky’s Shenanigans, 538 E. Market St., Leesburg. spankyspub.com

SCOTT KURT

1 to 4 p.m. Sunday, Dec. 22

continued from page

Lark Brewing Co., 24205 James Monroe Highway, Aldie. larkbrewingco.com

DAVE MINNINBERG

1 to 4 p.m. Sunday, Dec. 22

DAVE MININBERG

Sunday, Dec. 22, 1-4 p.m. Fleetwood Farm Winery fleetwoodfarmwinery.com

A Loudoun favorite wraps up a busy 2024 touring schedule with a yearend show at this historic estate.

Fleetwood Farm Winery, 23075 Evergreen Mills Road, Leesburg. fleetwoodfarmwinery.com

DAN BERRY

1 to 5 p.m. Sunday, Dec. 22

Old Farm Winery at Hartland, 23583 Fleetwood Road, Aldie. oldfarmwineryhartland.com

JOSH SOWDER

1 to 5 p.m. Sunday, Dec. 22

Bear Chase Brewing Company, 33665 Bear Chase Lane, Bluemont. bearchasebrew.com

GREG RYMAN AND BILL BOWMAN

1 to 4 p.m. Sunday, Dec. 22

Lost Barrel Brewing, 36138 Little River Turnpike, Middleburg. lostbarrel.com

ROOK RICHARDS

1:30 to 4:30 p.m. Sunday, Dec. 22

Bleu Frog Vineyards, 16413 James Monroe Highway, Leesburg. bleufrogvineyards.com

BRITTON JAMES

2 to 5 p.m. Sunday, Dec. 22

Flying Ace Farm, 40950 Flying Ace Lane, Lovettsville. flyingacefarm.com

LIBERTY STREET

2 to 5 p.m. Sunday, Dec. 22

The Barns at Hamilton Station Vineyards, 16804 Hamilton Station Road, Hamilton. thebarnsathamiltonstation.com

THE COLD NORTH

2 to 5 p.m. Sunday, Dec. 22

Old 690 Brewing Company, 15670 Ashbury Church Road, Hillsboro. old690.com

JANNA AUDEY

2 to 5 p.m. Sunday, Dec. 22

Firefly Cellars, 40325 Charles Town Pike, Hamilton. fireflycellars.com

CARY WIMBISH

2 to 5 p.m. Sunday, Dec. 22

Harvest Gap Brewery, 15485 Purcellville Road, Hillsboro. harvestgap.com

CALEB HACKER

2 to 5 p.m. Sunday, Dec. 22

Breaux Vineyards, 36888 Breaux Vineyards Lane, Hillsboro. breauvineyards.com

DEREK KRETZER & FRIENDS

4 to 7 p.m. Sunday, Dec. 22

Harpers Ferry Brewing, 37412 Adventure Center Lane, Loudoun Heights. harpersferrybrewing.com

KIAN T. LINAM:

11 a.m. to 3 p.m. Wednesday, Dec. 25 Goodstone Inn, 36205 Snake Hill Road, Middleburg. goodstone.com

DOIN’ TIME

5:30 to 8:30 p.m. Thursday, Dec. 26 Bear Chase Brewing Company, 33665 Bear Chase Lane, Bluemont. bearchasebrew.com

HAPPENINGS

GENERAL ASSEMBLY PRE-SESSION HEARING

7 to 9 p.m. Thursday, Dec. 19 Loudoun County Public Schools, 21000 Education Court, Ashburn. delegatedavidreid.com

PRCS JOB FAIR

12:30 to 4 p.m. Friday, Dec. 20 Rust Library, 380 Old Waterford Road NW., Leesburg. loudoun.gov

A DICKENS OF A DOG PARADE

12 to 3 p.m. Saturday, Dec. 21

Town of Middleburg, 10 W. Marshall St., Middleburg. middleburgva.gov

HOLIDAY HUSTLE DANCING & FESTIVITIES

6 to 9 p.m. Saturday, Dec. 21

Solace Brewing Company, 42615 Trade W. Drive, Sterling. $25, solacebrewing.com

Legal Notices

OFFICIAL VOTING INFORMATION- DATES AND DEADLINES

On January 7, 2025, Loudoun County will hold a Special Election for the Senate of Virginia District 32 as well as, the Virginia House of Delegates, District 26.

Only voters who live in these districts can vote in this election. For a list of precincts that will be voting in the January 7, 2025, Special Election, visit www. loudoun.gov/182/Upcoming-Elections. Additional information regarding voter registration, registration status, absentee voting, and what is on the ballot can also be found on the site listed above.

Please note voters who are registered at precinct 326- Independence and live at 23695-23723 Upper Hartland Lane, Aldie VA or 23641-23657 (odd numbers) Horse Barn Lane, Adlie VA are eligible to vote in this Special Election.

Below you will find deadlines for the Special Election:

• Voter Registration Deadline- Tuesday, December 31, 2024

- Voters may register through Election Day, and vote using a provisional ballot

• Last day to request a ballot be mailed to you - Friday, December 27, 2024, at 5:00 p.m.

• Last day to Vote Early in-person - Saturday, January 4, 2025

• Last day to return a mail ballot- Ballots arriving by mail must be postmarked on or before Election Day AND be received no later than noon on the Friday following the election (January 10) to be counted.

Early Voting Hours and Locations:

Please note: The Office of Elections will be closed Tuesday, December 24, 2024, Wednesday, December 25, 2024, and Wednesday, January 1, 2025.

Office of Elections - 750 Miller Drive SE, Suite 150, Leesburg, 20175

• Early voting hours - Monday to Friday 8:30 am - 5:00 pm.

- Extended hours-

• Saturday- December 28, 2024 and January 4, 2025– the office will be open from 9:00 a.m.- 5:00 pm.

Additional Sites and Times

Sites listed below will be open on Saturday, December 28, 2024 and January 4, 2025.

• Claude Moore Recreation Center- 46105 Loudoun Park Lane, Sterling, 20164

- Saturday- December 28, 2024 and January 4, 2025– 9:00 a.m.- 5:00 pm.

• Dulles South Recreation Center - 24950 Riding Center Drive, Chantilly, 20152

- Saturday- December 28, 2024 and January 4, 2025– 9:00 a.m.- 5:00 pm.

Please feel free to give us a call at 703 777-0380 if you have any questions about absentee voting or the Special Election.

Judith A. Brown, General Registrar 750 Miller Drive, SE, Suite 150 Leesburg, VA 20175-8916

703 777-0380

703 777-0622 FAX

Email: vote@loudoun.gov

Web: www.loudoun.gov/vote

On Dec. 11, 2024, Eastern Gas Transmission and Storage (EGTS) filed its Application for a Certificate of Public Convenience and Necessity with the Federal Energy Regulatory Commission (FERC) for the proposed Capital Area Project (Project) to increase the capacity of its existing pipeline system in your area.

The Project will include upgrades to compressor stations in Centre, Clinton and Franklin counties in Pennsylvania, and Loudoun County, Virginia. No new pipeline facilities are required for this project.

FERC has assigned the Project a new docket number: CP25-29-000. The complete application is accessible online at http://www.ferc.gov, using the ‘eLibrary’’ link and also available for review at public libraries in the Project area. For notification of future changes with this Application, use the “Subscribe to a Docket” link on the website, referencing docket CP25-29-000.

EGTS has requested that FERC issue an order approving the Project by the second quarter of 2026. EGTS anticipates beginning construction in the second quarter of 2026, and the Project is expected to be in-service in the fourth quarter of 2027.

If you have questions or would like additional information concerning the Project, please contact the EGTS team at our toll-free number +1 (833) 963-6339 or email us at cap@erm.com. You can also visit www.CapitalAreaProject.com for more information.

12/19 & 12/26/24

12/19/24

El 11 de diciembre de 2024, Eastern Gas Transmission and Storage (EGTS) presentó su Solicitud de un Certificado de Conveniencia y Necesidad Públicas ante la Comisión Federal Reguladora de Energía (FERC) correspondiente al Proyecto para el Área de la Capital (Proyecto) propuesto, a fin de aumentar la capacidad de su sistema de gasoductos actual en su área.

El Proyecto incluirá las actualizaciones de las estaciones de compresión en los condados de Centre, Clinton y Franklin en Pensilvania, y el condado de Loudoun en Virginia. Este proyecto no necesita instalaciones de gasoductos nuevas.

FERC ha asignado un número de expediente nuevo al Proyecto: CP25-29-000

Se puede acceder a la solicitud completa en línea en http://www.ferc.gov, a través del enlace «eLibrary», que también está disponible para su revisión en las bibliotecas públicas del área del Proyecto. Para recibir notificaciones de futuros cambios de esta Solicitud, use el enlace «Subscribe to a Docket» (Suscribirse a un expediente) en el sitio web, indicando el expediente CP25-29-000.

EGTS ha solicitado que FERC emita una orden para aprobar el Proyecto antes del segundo trimestre de 2026. EGTS prevé empezar la construcción en el segundo trimestre de 2026 y se estima que el Proyecto estará en marcha en el cuarto trimestre de 2027.

Si tiene preguntas o desea recibir información adicional sobre el Proyecto, contacte al equipo de EGTS llamando a nuestro número gratuito +1 (833) 963-6339 o envíenos un correo electrónico a cap@erm.com. También puede visitar www. CapitalAreaProject.com para recibir más información.

12/19 & 12/26/24

Legal Notices

PUBLIC NOTICE

INVITATION FOR BID (IFB)

SECONDARY CLARIFIERS C AND D REFURBISHMENT

The Town of Leesburg will accept sealed bids electronically via the Commonwealth’s e-procurement website (www.eva.virginia.gov), until 2:00 p.m. on Friday January 24, 2025, for the following:

IFB NO. 500640-FY25-38

SECONDARY CLARIFIERS C AND D REFURBISHMENT

Work includes demolishing and removing the existing secondary clarifiers, installing new clarifiers (mechanical and electrical equipment), testing, commissioning, and all incidentals.

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

12/19/24

A message to Loudoun County older adults and disabled residents from Robert S. Wertz, Jr. Commissioner of the Revenue

Residents 65 years of age and older OR totally and permanently disabled who wish to apply for 2024 Real Estate Tax Relief for the first time must submit an application to my office by December 31, 2024.

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

Leesburg Office 1 Harrison Street SE First Floor

Sterling Office 46000 Center Oak Plaza

Internet: loudoun.gov/taxrelief

Hours: 8:30 AM to 5:00 PM, M - F Phone: 703-737-8557

Email: taxrelief@loudoun.gov

Mailing Address: PO Box 8000, MSC 32 Leesburg, VA 20177-9804

12/5, 12/12, 12/19, & 12/26/24

ABC LICENSE

Running Dish LLC, trading as Running Dish, 47100 Community Plaza suite 138 Sterling VA 20164. The above establishment is applying to the VIRGINIA ALCOHOLIC BEVERAGE CONTROL (ABC) AUTHORITY for a Retail-Mixed Beverage Restaurant application.

Jinjie Lin, owner.

Note: Objections to the issuance of this license must be submitted to ABC no later than 30 days from the publishing date of the first of two required newspaper legal notices.

Objections should be registered at www.abc.virginia.gov or 800-552-3200.

12/19 & 12/26/24

ABC LICENSE

Sushi Cho Inc., trading as Sushi Cho, 22000 Dulles Retail Plaza, Ste. 100, Sterling, VA 20166, Loudoun County. The above establishment is applying to the VIRGINIA ALCOHOLIC BEVERAGE CONTROL (ABC) AUTHORITY for a Restaurant, Wine, Beer, Mixed Beverages, On and Off Premises license to sell or manufacture beverages.

Sang Hyub Woo, CEO.

Note: Objections to the issuance of this license must be submitted to ABC no later than 30 days from the publishing date of the first of two required newspaper legal notices.

Objections should be registered at www.abc.virginia.gov or 800-552-3200.

12/19 & 12/26/24

LOUDOUN COUNTY SHERIFF’S OFFICE

NOTICE OF IMPOUNDMENT OF ABANDONED VEHICLE

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.

YEAR MAKE MODEL VIN STORAGE PHONE NUMBER

2011 FORD FIESTA

3FADP4BJ3BM179375 BODY WORKS 703-777-5727

2011 JEEP CHEROKEE 1J4RR4GG6BC551357 AL’S TOWING 703-435-8888

2022 DODGE CHARGER

2C3DXCT0NH145465 BLAIR’S TOWING 703-661-8200

ORDER OF PUBLICATION

COMMONWEALTH OF VIRGINIA VA. CODE §§ 1-211.1; 8.01-316, -317, 20-104

Case No.: CL24-0795

Loudoun County Circuit Court

Commonwealth of Virginia, in re Yakub Yilmaz, through next friend, Tulay Yilmaz, v.

Tanya Casey, et al.

The object of this suit is to recover money damages as a result of tort/negligence

It is ORDERED that the defendant(s) Tanya Casey appear at the above-named Court and protect his or her interests on or before January 24, 2025 at 9:00 a.m.

2/12, 12/19, 12/26, 1/3/25

ORDER OF PUBLICATION COMMONWEALTH OF VIRGINIA VA. CODE § 8.01-316

Case No.: JJ047165-03-00

Loudoun Juvenile and Domestic Relations District Court

Commonwealth of Virginia, in re Ivory Green Loudoun County Department of Family Services v.

Unknown Father

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

It is ORDERED that the defendant(s) Unknown Father appear at the above-named Court and protect his or her interests on or before January 28, 2025 at 10:00 a.m.

12/19, 12/26, 1/2 & 1/9/25

ORDER OF PUBLICATION

COMMONWEALTH OF VIRGINIA VA. CODE § 8.01-316

Case No.: JJ049330-02-00

Loudoun Juvenile and Domestic Relations District Court

Commonwealth of Virginia, in re Bimen Aziz a.k.a. Bemin Radi Fathi Aziz Azab

Loudoun County Department of Family Services v. Mariam Welson Henin, Mother

The object of this suit is to hold a foster care review hearing and review of foster care plan pursuant to Virginia Code §§ 16.1-282 and 16.1281 for Bimen Aziz a.k.a. Bemin Radi Fathi Aziz Azab.

It is ORDERED that the defendant(s) Mariam Welson Henin, Mother, appear at the abovenamed Court and protect his or her interests on or before January 28, 2025 at 10:00 a.m.

12/12, 12/19, 12/26, 1/2 & 1/9/25

12/19 & 12/26/24

ORDER OF PUBLICATION

COMMONWEALTH OF VIRGINIA VA. CODE §§ 1-211.1; 8.01-316, - 317; 20-104 Case No.: 24003973-00

Loudoun County Circuit Court

Commonwealth of Virginia, in re name change of minor, Khadijah Addy v.

Baimba Kanu

The object of this suit is to change my daughter’s name because Father is not in the picture and address is unknown.

It is ORDERED that the defendant(s) Baimba Kanu, Father appear at the above-named Court and protect his or her interests on or before Fevruary 7, 2025 at 9:00 a.m.

12/5, 12/12, 12/19 & 12/26/24

ORDER OF PUBLICATION

COMMONWEALTH OF VIRGINIA VA. CODE § 8.01-316

Case No.: JJ044457, JJ044458

Loudoun Juvenile and Domestic Relations District Court

Commonwealth of Virginia, in re Camilo Pisani Marquez and Gabriel S. Pisani Marquez

Loudoun County Department of Family Services v.

Josue Valentin Marquez Decid, Father

The object of this suit is to hold a motion to Modify the Child Protective Orders for Camilo Pisani Marquez and Gabriel S. Pisani Marquez pursuant to Virginia Code §§ 16.1-253. The Department of Family Services will be seeking to have all of the father’s contact with the children supervised. The Department of Family Services will also be seeking to have the father participate in certain services.

It is ORDERED that the defendant(s) Josue Valentin Marquez Decid, Father appear at the above-named Court and protect his or her interests on or before January 9, 2025 at 9:00 a.m.

11/28, 12/5, 12/12 & 12/19/24

ORDER OF PUBLICATION

COMMONWEALTH OF VIRGINIA IN THE CIRCUIT COURT OF LOUDOUN COUNTY

Probate File No.: 17916 SHOW CAUSE ORDER

It appearing that a report of the accounts of Melissa A. Tello, in her capacity as Administrator of the Estate of Nathan Alexander Poole, deceased, and of the debts and demands against the Decedent’s Estate have been filed in the Clerk’s Office, and that six months have elapsed since the qualification, of Melissa A. Tello, in her capacity as Administrator of the Estate of Nathan Alexander Poole;

IT IS ORDERED that the creditors of, and all others interested in, the Estate do show cause, if any they can, at 9:00 a.m. on the 3rd day of January 2025, before this Court at its courtroom at 18 E. Market St., 3rd Floor, Leesburg, Virginia 20178, against the payment and delivery of the Estate of Nathan Alexander Poole, deceased, to the distributees with or without refunding bonds as the Court prescribes.

12/19 & 12/26/24

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Misc. Legal Notices FIND LOCAL EVENTS GETOUTLOUDOUN.COM

VEHICLE AUCTION

MD Repo Vehicles For Public Sale at ADESA Washington, DC. All Makes and Models Running Weekly Details can be found at www.adesawashingtondc.com

Terms: State and local orders will be strictly enforced at the sale, including social distancing and limits on the number of people permitted to gather in certain areas. All attendees must comply with such procedures or will be required to leave the premises. We strongly recommend that all attendees wear face coverings for the protection of themselves and our staff. Bidder agrees to register and pay a refundable $500 cash deposit plus a non-refundable $20 entry fee before the Sale starts. The balance of the purchase is due in full by 5:00pm on sale day. vehicles are AS-IS and are subject to a buy fee based on the sale price of the vehicle. Only cash or certified funds will be accepted. No vehicle will be released until Payment is made in full. Children under the age of 18 are not permitted.

VEHICLE AUCTION

ADESA WASHINGTON DC 705-996-1100

44475 OLD OX ROAD DULLES, VA 20166

20+Chase repossessions will be offered to the public sale monthly on Wednesdays. Auction doors open at 8:00 a.m. Sale starts at 9:50 a.m. ET. Registered persons may preview/inspect vehicles on the day of the sale before bidding. Bids accepted only when a vehicle is presented for sale. The auctioneer will conclude the sale when bidding stops. All results will be final by 5:00 p.m. Terms: Cash or Certified Check.

Loco Service Providers

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Regular Full-Time Positions

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Opinion

Managing the Windfall

County government budget planners continue to wrestle with ways to prudently manage the massive, if unpredictable, flow of tax revenue from data centers.

Last year, the county administrator and his staff created a revenue stabilization fund, envisioned to bank as much as $80 million to be available in instances when data center revenue falls below expectations. In addition, they continue to employ a conservative approach to setting revenue projections. It is a well thought out approach to deal with a potentially volatile revenue source that represents an outsized segment of the overall budget.

With the energy focused on avoiding a $100 million budget hole if depreciation overtakes growth in the cycling of server equipment, the county is less prepared for the opposite situation.

What happens when (way) too much money comes in?

Unfortunately, the fallback position is (way) too predictable. We spend it.

In most cases, it is not unusual or wrong to spend the unallocated fund balances on construction projects, equipment purchases or other items that don’t come with reoccurring costs.

But in Loudoun County, we’ve already funded the projects that need funding. By the time the annual budget deliberations wrap up each spring, there is very little left on the wish list. That’s what happens in one of the few jurisdictions in the world where is it widely accepted that the government does not have a revenue problem.

This year’s surplus was far from the routine year-end leftover. It equates to just over 35% of the entire general government operating budget. That’s too much to spend willy-nilly for add-on projects. Most should go into the capital budget to offset debt; or go into the stabilization fund to allow more aggressive, but maybe more accurate, revenue projections next year; or go back to taxpayers listed as a rebate on their next bill. And there should be less Board of Supervisors' discretion in making those choices.

County leaders have solid policies in place to prevent a budget calamity; they should have a similar structure to prudently manage a windfall.

Data Centers

continued from page 3

motion basically expresses where we are going with it, why we are doing it, what’s the reason behind it,” he said.

However, those proposals did not garner unanimous support from commissioners, with Frank and Barnes opposing them.

Frank said she has “fundamental issues” with the grandfathering date, the proposal to make data centers a conditional use in certain areas, and the performance standards.

“I don’t believe that [data centers] belong in all these place types,” she said. “I’m concerned, based on some of our experiences since the 2019 General Plan, that when we adopt a list of criteria and integrate it, it has led to confusion, misinterpretation and differences. We kind of end up creating a hole in the Comprehensive Plan and in the Zoning Ordinance that I worry unintentionally provides either unattainable criteria … or we, quite candidly, made a very easy loophole for them.”

Data centers can fit in some places, but this set of recommendations does not achieve that, she said.

The issue and recommendations now advance to the Board of Supervisors for consideration. n

Legislative Agenda

continued from page 4

achieves the same end goal, passed 6-2-1 with supervisors Kristen C. Umstattd (D-Leesburg) and Caleb A. Kershner (R-Catoctin) opposed and Laura A. TeKrony (D-Little River) absent.

Briskman’s motion added a policy statement in support of legislation that gives localities authority to require proposed data centers to submit power use estimates and to consider power use when making rezoning decisions.

She said she was disappointed that the JLARC study did not address that issue, which she called the “elephant in the room.” Supervisors have been have been told by County Administrator Tim Hemstreet they are currently not allowed to take power usage into account when making land use application decisions.

“That has created frustration for us because we know we could be approving data centers that don’t have power and [Dominion] has admitted they can’t power some of our data centers for four to seven years. But still we’re not allowed to ask that question, and that is, I think, one of the biggest concerns in our community with the industry,” Briskman said.

She said the study already supports local authority to consider water usage and noise levels, energy concerns are similar to those.

“For JLARC not to recommend allowing local authority to consider power as well as water and sound is appalling to me,” she said.

Supervisor Matthew F. Letourneau (R-Dulles) supported the motion but said the board and state legislators needed to be careful when making changes.

“We also have to be protective of the revenue source, because the reality is it is a major major revenue source for us, and in particular the sales use exemption is something that is driving that,” he said. And so, the amount of disruption to our entire government would be enormous should something dramatic happen in this industry at this point. Whether we like it or not, that’s just the fact.”

In addition to the changes made during the Dec. 11 meeting, this year’s legislative agenda focuses on airport noise notifications, stormwater management, crisis center funding, pharmacy funding and education funding.

The board adopted the program unanimously. It will guide both county lobbyists and the county’s state representatives in the upcoming General Assembly session. n

Loudoun Now is

READERS’ poll

What will be the most importnt issue in the upcoming General Assembly session?

THIS WEEK’S QUESTION:

What should county supervisors do with a $250 million budget surplus?

Commuter Bus

continued from page 5

and Frederick is not. Intuitively that’s not really what I think is going to happen, but we kind of need to sort of baseline here and then we’ll see what happens,” he said.

County Chair Phyllis J. Randall (D-At Large) said she agreed that testing both ends of the spectrum was a good idea.

“Frederick is hard because it feels like we should be asking them to pony up some of this money,” she said. “Yes, these are people who are working in Loudoun; thus they are constituents because they’re working here, but they’re living in Maryland. … so it just seems like there should be some shared costs here. That’s giving me heartache, that we’re going to basically send money not into just another county, but another state.”

But, the possibility of reducing fatal traffic accidents along Rt. 15 by relieving traffic congestion is worth it, she said.

The committee agreed with the staff recommendation to set the fee at $8.25 per trip. That was set based on the estimate that on average, long route commuters spend $200 per month on commuting travel expenses.

The cost to try out the Dale City route, with three departure and arrival times is

estimated at $631,680 for fiscal year 2026. The county expects $110,177 in revenue from that route. Frederick, with two departure and arrival times, is estimated to cost $331,520 in FY 2026. Revenue is expected to be $16,492.

Vice Chair Juli E. Briskman (D-Algonkian) said she would like to see what would happen if the fee was lower than $8.25.

“I think that we might increase ridership if people could actually maybe save some money and what we’re gaining in fees really isn’t that much. I’m not sure how to accomplish or maybe test that,” she said.

Supervisor Kristen C. Umstattd (D-Leesburg) cast the lone vote against supporting the pilot, citing its cost.

“I think this is something that if the private sector companies want this, that’s they could cooperate with each other and provide van pools or other means of getting their employees there, but I’m not sold on the idea of the taxpayers paying this much more in expenses to subsidize this,” she said.

A motion by Letourneau to endorse three routes to Dale City and two to Frederick with a fare of $8.25 per trip passed 4-1. It now moves to the full board for consideration. n

— By Chip Beck, beckchip@aol.com

Girl Scouts Win Holiday in Lights Trophy

King Street in downtown Leesburg was lined with families Saturday night to watch the town’s Christmas and Holiday Parade featuring floats, bands, dancers and lots of lights. It was a candy shop-themed float by Girl Scout Troop 70242 that won this year’s 2024 Holiday in Lights trophy, sponsored by Loudoun Now. n

The Peoples’ Constitution

The Peoples’ Constitution – Can the President Do That?

BY BEN LENHART

On Jan. 20, 2025, President-elect Trump will be sworn in as the 47th president. He has announced plans to take many actions during his first days in office, including deporting undocumented immigrants, imposing tariffs, and firing federal workers (just to name a few). How do his plans stack up against the Constitution? What powers does the Constitution give the president, and what powers does it withhold? Can the president do that?

History Helps Answer the Question. The patriots fought the America Revolution for many reasons, not least of which was an intense desire to escape the rule of a powerful king—George III. The Declaration of Independence lays out King George’s grave abuses of the American colonies. During the Revolution, many Americans were so opposed to the idea of a king that they refused to include a true president in the government created in 1781 under our first constitution —the Articles of Confederation. However, our new nation quickly suffered under the Articles, and in just five years it became apparent that a government without a president was insufficient for the needs of the new and growing America. Many argued that a strong American president was needed to “take the reins of government” and help lead the country forward.

Balancing the President’s Power. With these opposing forces in mind, the Founding Fathers faced a delicate balancing act when they met in the summer of 1787 in Philadelphia. On one hand, most everyone despised the idea of a king or any similar autocrat who would threaten American’s hard-won freedoms. On the other hand, with the fresh failure of the “no president” approach under the Articles of Confederation, most realized that America needed a strong leader. The Founding Fathers struck this balance in two ways. First they gave the president several vast and important powers such as the commander-in-chief power and the power to execute the laws. But equally important, they denied him many other

powers. For example, the president is not given the power to make laws, declare war, raise taxes, or resolve constitutional disputes. Second, while the left hand of the Constitution gives several huge powers to the president, the right hand checks and balances those powers—the president can veto laws, but Congress can overrule; the president is elected but limited to a fouryear term; the president is vested with executive power, but Congress can impeach him. While the balance forged by the Founders is not perfect, it has worked well: America has endured 235 years under our Constitution with no revolution, no dictator, and no return of a king (few nations can make this boast).

Six Powers. While some may count differently, the Constitution can be said to give the president six (and only six) powers, and all of these are found in Article 2. While granting these six powers, the Constitution also includes the 10th Amendment, which states that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” In other words, if the Constitution does not give a particular power to the president (or to one of the other two branches of the federal government) that power stays with the state governments, whose powers to govern are in many ways far broader than those of the federal government.

Power #1: “Take Care” Clauses. Article 2, Section 3 states that the president shall “take care that the laws shall be faithfully executed.” This is arguably the president’s most important power. It falls to the president—and the millions of people under the president who make up the federal executive branch—to enforce thousands of federal laws. The vastness of this power lies in the discretion given the president to decide just how to enforce the laws. When enforcing federal voting laws, should the president focus on voter access or voter fraud? When enforcing environmental laws, should he focus on clean air and water or on cutting environmental “red tape” to help business? When enforcing

immigration laws, should he focus on immigrant services or border enforcement and deportations? Each of these presidential choices may be entirely valid and legal—because laws passed by Congress often leave lots of wiggle room—but each lead to very different outcomes for America. This vast power is “checked” in many ways, particularly by the word “faithfully.”

The president can’t just carry out a law in any way that he likes. He has to do it in

While the balance forged by the Founders is not perfect, it has worked well: America has endured 235 years under our Constituition with no revolution, no dictator, and no return of a king.

a way that is faithful to the law passed by Congress. The courts have struck down presidential actions hundreds of times on the basis that the action was not consistent with the law passed by Congress (see examples below).

Power #2: War. The president is Commander in Chief of the armed forces, but only Congress can declare war. Congress also controls the purse strings to fund (or defund) the military. In theory, the Constitution carefully balances war powers between the president and Congress. In practice, however, war power has tilted strongly toward the president. American presidents have deployed military forces well over 100 times, and yet Congress has declared war less than a dozen times, the last time being World War II. (Congress can also pass resolutions on the use of force). In short, the president has been far more willing than Congress to use war

powers and “take the political heat” on war-making. It is said that power belongs to those who use it, and American war power now largely belongs to the president because Congress has failed to use its Constitutional war powers.

Power #3: Foreign Affairs. In contrast to domestic affairs, the president has broad power over America’s foreign affairs, including the right to make treaties and appoint ambassadors. To offset this power, the Constitution requires the Senate to ratify treaties and confirm ambassadors, thus preventing the president (in theory) from entering into treaties that are blatantly bad for America or nominating wholly unqualified ambassadors. More fundamentally, the president can’t exercise his foreign-affairs powers in violation of other Constitutional protections.

Power #4: Veto. The president has the right—and often uses it—to veto legislation, but the veto power can be overridden by 2/3 vote of Congress (giving Congress the last word here). Congress has used its “override” power more than 100 times.

Power #5: Appointment/Removal. The Constitution empowers the president to appoint many high officials including ambassadors, cabinet officials and justices of the Supreme Court. He also has the power to remove many executive branch officials. These powers to appoint and remove often translate into the power to influence those appointed. Nonetheless there are hundreds of examples of judges appointed by a president who then ruled against that same president (a recent example is the Trump financial records case discussed below). The president’s appointment power is limited by right of the Senate to confirm appointments. The Senate’s confirmation power checks the president in two ways. First, he usually avoids appointing people who have no chance of confirmation. Second, appointments sometime fail after the appointment has been made, either when the Senate votes, or before the vote when it becomes clear

PEOPLES' CONSTITUTION continues on page 33

Peoples' Constituition

continued from page 32

that confirmation is unlikely (such as the recently withdrawn Gaetz nomination to the post of Attorney General). The president can avoid senate confirmation by recess appointment, but this has grown rare in recent years as the Senate has found creative ways to stay in session (even if “in form only”) and avoid recess appointments. In very limited circumstances the president, under Article 2, Section 3 can also adjourn both houses of Congress and possibly make recess appointment during such adjournment, but this power is unused and untested (President-elect Trump recently mentioned this option).

Power #6 Pardon. The president’s pardon power—recently used by President Biden to pardon his son, Hunter—is unusually broad compared to other executive powers. The president is free to pardon people for federal crimes with very little restriction. But even the pardon power is limited in several key ways: it can’t be applied to future crimes, state law matters, civil matters, or impeachment proceedings.

Vesting Clause and Impeachment. The first sentence of Article 2 states “The executive Power shall be vested in a president of the United States of America.” Known as the vesting clause, this short but potent sentence vests all executive power in a single person—the president. There is much debate about whether the clause is an independent source of presidential power, beyond those powers listed above. Unlike

Henrietta Lacks

continued from page 3

medicine knows about cancer and its treatment. However, research on her cells was conducted without her or her family’s knowledge or consent.

“Our society owes a huge debt to Ms. Lacks, and while naming one school after her cannot adequately repay her contributions to our lives, today, I am proud that LCPS has the only school in Virginia named in her honor,” Donohue said. “I hope that her story will be a reminder to all of us of the importance of knowledge, transparency, ethics in pursuit of science, and that she will always be an example for our students and our community of the incredible impact that one single person can have on the lives of others.” n

those other powers, it does not identify any particular action—like veto or pardon or appointment that the president can take. Some argue that it simply confirms that entirety of the office of the president shall be held by one person, but it gives no further power. Others say that it creates a vast “unitary executive,” giving the president all of those powers—even those not set out in the Constitution—that are inherent in the executive of a sovereign nation. Regardless of how this debate is resolved, the Constitution checks and balances the “vesting” power. For example, four times Congress has exercised its right to impeach the president (two of those occurred during the first Trump term) and Congress has also impeached many lower officials. The threat of impeachment, which applies when federal officials commit “treason, bribery or other high crimes and misdemeanors,” remains an ever-present “check and balance” for the president and other federal officers.

Use and Abuse of Presidential Power - Real World Examples

Truman and Steel Mills. In the famous “Steel Seizure” case, the Court confirmed that the president has only those powers given him by the Constitution, which include the power to enforce federal law. Next, the court found that President Truman had exceeded his executive power when he seized steel mills during a threatened work stoppage, which he argued was necessary to support the military during the Korean War. Justice Jackson’s concurrence in that case remains today a key test for determining whether a president’s action is lawful. Under that test the presi-

dent’s power is highest when aligned with an act of Congress and lowest when it contradicts such an act.

Nixon and Watergate Tapes. President Nixon refused to release the Watergate tapes, citing executive privilege. The Court disagreed and ordered Nixon to produce the tapes (Nixon resigned soon afterward).

Clinton and Jones. President Clinton wanted to stop Paula Jones’s sexual harassment lawsuit during his time in office, but the Court disagreed and said it could go forward so long as the suit accommodated the schedule and demands of the presidency.

Bush and Guantanamo. After 9/11, President Bush set up military tribunals and other procedures that provided few rights for prisoners held at Guantanamo. In several cases, the Court struck down parts of those procedures and ordered Bush to afford certain due process rights (include Habeas Corpus) to the Guantanamo detainees.

Obama and Search Warrants. President Obama claimed that no warrant was needed for the government to search cell phones after an arrest. In a sharp rebuke, the Court unanimously disagreed and held that the 4th Amendment warrant requirement applied with full force to cell phone searches.

Trump and Bank Records. President Trump sought to block a criminal subpoena that demanded production of his personal financial records. Trump argued that as a sitting president he had absolute immunity and did not need to comply with the subpoena. The court

rejected Trump’s arguments and ordered that he must turn over the records. Several months later, more than a million pages of Trump’s financial records were released.

Conclusion

The Constitution creates a unique American president.

First, the American president has vast powers, but those powers are carefully defined and limited by the Constitution. If a particular power is not granted in the Constitution, the president does not have it.

Second, the courts are not shy in striking down actions by the president (or executive branch agencies or officials acting under his direction) that violate the Constitution or run contrary to laws passed by Congress.

Some say that we are in new age with President-elect Trump, and that the Constitutional guardrails may not hold. No one can predict the future, but we can look to the past. America has endured many profound crises during its 235 years under the Constitution—the burning of our Capital, the Civil War, Reconstruction, the Great Depression, two world wars, etc.—but throughout those times the president remained under the authority and control of the Constitution. While there are no guarantees, history suggests the Constitution and its guardrails will endure.

Ben Lenhart is a graduate of Harvard Law School and has taught Constitutional Law at Georgetown Law Center for more than 25 years. He lives with his family and lots of animals on a farm near Hillsboro n

Amber Lucas/Loudoun Now

County supervisors, school board members, LCPS staff and descendants of Henrietta Lacks and the Hovatter family officially cut the ribbon at the newly opened Henrietta Lacks Elementary School.

Honoring Service

continued from page 1

veterans Fardinan Van Sickler and William Wilkison, whose gravesites also were marked with new granite Patriot stones.

Van Sickler, also known as Ferdinandus Van Sickelen, was born May 11, 1738, in New Jersey to immigrants from Holland. He served as a private in the New Jersey militia during the war. He migrated to Loudoun County where he died on Aug. 22, 1818, at age 80.

Wilkinson was born in Baltimore, MD, in June 1766. He served as a private in the St. Mary’s County, MD, militia. Following the war, he migrated to Loudoun County and was a farmer. He died on March 11, 1857, at age 90.

Stacey Bassett, regent of the Ketoctin DAR chapter, highlighted the significance of the wreaths, which were created from 10 bound bouquets of evergreens. She said each section of the wreath represents special qualities veterans embody: faith in God; love for one another; strength; work ethic and character; honesty, intent and integrity; humility, selflessness and modesty; ambition and aspiration; optimism for America; concern for future generations; pride in carrying out their duties; and their hopes and dreams that didn’t always come true but left them with no regret.

“When you see a veteran or an active-duty member of the Armed Services, please take a moment to say thank you,” Bassett said. “We owe them for our way of life.” n

Budget Surplus

continued from page 1

aside in General Fund reserves. Loudoun County Public Schools will receive nearly $9.8 million for FY 2025 one-time needs and a specific capital project to install press boxes at various schools.

The board’s Capital Improvement Program will gain another $102.6 million for five construction projects, including another $28 million for school division contingencies.

The remaining $16 million was allocated based on board member initiatives. As discussed during FY 2025 budget talks earlier this year, $7.4 million was allocated to the housing fund. Three construction projects garnered support from the committee - $1 million to accelerate renovations to the Cascades Library and Senior Center Complex, $1.6 million for a Belmont Ridge Corridor Safety Study and improvements, and $650,000 for a Destiny Drive Corridor study and improvements.

A district discretionary fund program, proposed by Supervisor Michael R. Turner (D-Ashburn) last month, was originally slated to receive $4.5 million. County Chair Phyllis J. Randall (D-At Large) successfully moved to have $2.5 million of that sent into the county contingency fund, while having the remaining $2 million used to establish an invasive species removal grant program.

Turner said he supported the change after hearing from constituents who had concerns about transparency and speaking with County Administrator Tim Hemstreet about the program’s efficiency.

“I said, ‘is this going to create yet another prioritized pot that we now have to dovetail in with all our existing prioritized pots and essentially just create another bureaucratic layer and another process we have to go through to determine priorities?’ He said, ‘yes it would.’ I don’t want to do that. That’s not going to accomplish my purpose,” Turner said.

Randall said establishing funding for the invasive species program was important because the issue is costing the county money and will cost it more than $2 million in the long run.

“This will only get worse if we don’t try to get a handle on this right now, which will be hard,” Randall said.

A pilot program was approved by the full board in September, with $150,000 allocated. Results of the pilot will be presented by a consultant and are expected in March.

“Because it’s related to the planting season and the growing season and when bugs hatch, we really cannot wait another year. We don’t have time to wait a full other year until the fund balance comes up next year to do this,” she said.

Randall’s proposal passed 4-0 with Committee Chair Matthew F. Letourneau (R-Dulles) abstaining after questioning whether the board should wait to allocate funding until the pilot results were presented.

The committee also decided to recommend keeping $2 million allocated to the Town of Leesburg for a study at the South King Street and Rt. 15 bypass, after a motion by Letourneau to remove the allocation failed.

He said, while he was not necessarily concerned about the initial $2 million, there are other interchange projects that have been in the works for much longer.

“It is in far better shape than most of the intersections on Rt. 50 of which we have been trying to build an interchange, especially the one at Loudoun County Parkway for literally a decade or more,” he said. “And still when the county administrator presents to us his capital improvement plan coming up next month, I don’t believe the whole interchange will be funded within the six-year period … Before we undertake a new interchange improvement program, we’ve got to build the interchanges we’ve committed to in our CIP.”

Supervisor Kristen C. Umstattd (D-Leesburg) said the town previously sought to have the interchange study included in the county’s study of widening the Rt. 7 bypass in the same area. They also decided to drop a large request to partially fund another interchange at Edwards Ferry Road estimated to cost $300 million.

“They are trying to not go for the moon but ask for some assistance for smaller projects that could immediately improve traffic flow in the area,” she said.

That funding will remain in the committee’s recommendation to the full board.

The committee also recommended to remove a $140,000 allocation to traffic calming measure in St. Louis, pending results of a study being conducted to determine which measures would be most effective.

Supervisors also decided not to support requests by supervisors Caleb A. Kershner (R-Catoctin) and Sylvia R. Glass (D-Broad Run).

BUDGET SURPLUS continues on page 35

Norman K. Styer/Loudoun Now

The gravesite of Fardinan Van Sickle, a Revolutionary War veteran, is marked with a wreath and a patriot stone during a Dec. 14 ceremony.

A Loudoun Moment

Budget Surplus

continued from page 34

Umstattd made a motion proposed by Kershner, who does not sit on the finance committee, to establish a one-time grant program for the county’s western towns to receive funding offsetting the revenue lost by eliminating the $25 vehicle fee, if they choose to do so.

The board in November voted to eliminate the county’s vehicle fee citing increasing data center tax revenue. That does not preclude the towns from continuing to charge for it. However, the mayors signed a letter requesting that the county subsidize them for revenue if they also choose to eliminate it, so their residents could

benefit from the relief as well. As proposed, the program would not include Leesburg.

That proposal failed with only Supervisor Laura A. TeKrony (D-Little River) supporting it and Randall abstaining.

TeKrony said the revenue garnered from the fee, while small for the county, was a lot for the individual towns.

“It does provide some relief and it’s for our smaller towns,” she said. “I do think it was unexpected, this loss.”

But Letourneau said characterizing it as a “loss” is incorrect because the towns are free to continue charging the fee.

Randall and Umstattd agreed, saying the town’s mayors and council needed to make their own choices.

“They’re hard decisions,” Randall said. “If you want to reduce fees, then reduce

fees. And if you don’t, or you can’t because you need that in your budget, then that’s a decision you have to make as well. I don’t know that we need to disrespect the town officials by assuming that they need us to jump in to save them from their own decisions.”

A proposal by Vice Chair Juli E. Briskman (D-Algonkian) on behalf of Glass, who does not sit on the committee, to include $1.4 million for a pedestrian bridge connecting trails at Heron Overlook Parka and Loudoun Water also did not gain support amid concerns that funding it would take it outside the established process for trail projects.

All recommendations will advance to the full board for consideration in January.

Douglas Graham/Loudoun Now

An Eastern Screech-Owl hunts in the last light near Bluemont during winter’s first snowstorm.