HomeMy Public PortalAbout2023_tcmin1114COUNCIL MEETING November 14, 2023
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Council Chamber, 25 West Market Street, 7:00 p.m. Vice Mayor Neil Steinberg presiding.
Council Members Present: Ara Bagdasarian, Todd Cimino -Johnson, Zach Cummings,
Kari Nacy, Vice Mayor Neil Steinberg, Patrick Wilt and Mayor Kelly Burk.
Council Members Absent: and
Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy
Town Manager Keith Markel, Director of Public Works and Capital Projects Renee
LaFollette, Director of Parks and Recreation Rich Williams, Director of Utilities Amy
Wyks, Economic Development Director Russell Seymour, Deputy Director of Utilities
Brian Stone, Management and Budget Officer Cole Fazenbaker, Zoning Administrator
Mike Watkins, Land Acquisition Manager Keith Wilson, Stormwater and Environmental
Manager Chad Minnick, Assistant Director of Economic Development Melanie Scoggins
and Clerk of Council Eileen Boeing.
AGENDA
ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Bagdasarian.
3. SALUTE TO THE FLAG was led by Council Member Cummings.
4. ROLL CALL
a. All Council Members present.
5. MINUTES
a. Joint Town Council/Planning Commission Work Session of October 19,
2023
Council Member Wilt was absent from the October 19, 2023, meeting and
abstained from voting.
MOTION2023-178
On a motion by Council Member Nacy, seconded by Council Member Bagdasarian,
the October 19, 2023, Joint Town Council/ Work Session minutes were moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and Mayor
Burk
Nay: None
Vote: 6-0-1 (Wilt abstain)
b. Work Session Minutes of October 23, 2023
MOTION2023-179
On a motion by Council Member Nacy, seconded by Council Member Cummings, the
October 23, 2023, Work Session minutes were moved for approval.
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COUNCIL MEETING November 14, 2023
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The motion was approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and
Mayor Burk
Nay: None
Vote: 7-0
c. Regular Session Minutes of October 24, 2023
Mayor Burk and Council Member Cimino -Johnson were absent from the
October 24, 2023, meeting and abstained from voting.
MOTION2023-180
On a motion by Council Member Nacy, seconded by Council Member Cummings, the
October 24, 2023, Regular Session minutes were moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg and Wilt
Nay: None
Vote: 5-0-2 (Mayor Burk and Cimino -Johnson abstain)
6. ADOPTING THE MEETING AGENDA
MOTION2023-181
On a motion by Council Member Nacy, seconded by Council Member Cummings, the meeting
agenda was moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor
Burk
Nay: None
Vote: 7-0
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. National American Indian Heritage Month
Ms. Sydney Aquilina accepted the proclamation for National American Indian
Heritage Month and made a few remarks.
9. PRESENTATIONS
a. None.
10. REGIONAL COMMISSION REPORTS
a. None.
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11. PETITIONERS
The Petitioner's Section opened at 7:11 p.m.
Delegate -elect Fernando "Marty" Martinez, 704 Bellview Court. Spoke to Council
regarding his recent election to the Virginia State House of Delegates. He thanked the
residents of Leesburg for supporting him and stated that he looks forward to representing
the Town of Leesburg and residents of District 29.
Kevin Ash. Spoke to Council to request support in amending the Zoning Ordinance
related to parking space sizes, travel aisle widths and landscaping requirements in parking
areas of the Old and Historic District.
The Petitioner's Section closed at 7:18 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION2023-182
On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the following
consent agenda was proposed:
a. 2024 ArtsPARKs Sculptures at Rafo Park
RESOLUTION2023-149
Approval of 2024 ArtsPARKs Sculptures at Raflo Park
b. 2024 Town Calendar
RESOLUTION2023-150
Approval of 2024 Town Calendar
c. Fiscal Year 2024 Visit Loudoun Tourism Marketing Leverage Fund Grant
RESOLUTION2023-151
Approving Appropriation of $2,300 to Fiscal Year 2024 from the Visit Loudoun Tourism
Marketing Leverage Fund Grant
d. Fiscal Year 2024 Virginia Department of Housing and Community Development (DHCD)
Community Vitality Grant
RESOLUTION2023-152
Approving Appropriation of $15,000 to Fiscal Year 2024 from the Virginia Housing and
Community Development Community Vitality Grant Award
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COUNCIL MEETING November 14, 2023
e. Award of Contract - Micro -Bulk Carbon Dioxide for Ida Lee Park Recreation Center
RESOLUTION2023-153 •
Award of Contract for Micro -Bulk Carbon Dioxide for Ida Lee Park Recreation Center to
Roberts Oxygen Company, Inc.
f. Requesting Virginia Department of Transportation to Accept Crosstrail Boulevard
RESOLUTION2023-154
Requesting that the Virginia Department of Transportation Accept Certain Streets —
Crosstrail Boulevard
g•
Award of Purchase Order to Johnson Truck Center, LLC
RESOLUTION2023-155
Approve the Purchase of Three Dump Trucks through Johnson Center, LLC in the amount of
$307,605
h. Evergreen Mill Road Widening Project — Approve Design Change Order No. 14
RESOLUTION2023-156
Authorize the Town Manager to Execute Change Order No. 14 in the amount of $497,741.31
for Design of the Evergreen Mill Road Widening Project
i. Sta ffAugmentation Services — Engineering Project Management and Construction
Management Support
J•
RESOLUTION2023-157
Award Staff Augmentation Service Contracts to Wendel Engineering P.C. and Rummel,
Klepper & Kahl, LLP
Police Station Expansion Project - NOVEC Fiber Contract
RESOLUTION2023-158
Authorize the Town Manager to Enter into a Construction and Services Agreement with
NOVEC Solutions Telecomm for a New Secondary Fiber Connection in the amount of
$345,000 in Coordination with the Police Station Expansion Project
k. Supplemental Appropriation for the Stormwater Management Program
RESOLUTION2023-159
Approve a Supplemental Appropriation in the amount of $1,550,000 from the Unassigned
Fund Balance and Authorize the Town Manager to Sign All Associated Task Orders for the
Required Work to Maintain Compliance with the MS4 Permit Program
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COUNCIL MEETING November 14, 2023
1. Board of Zoning Appeals Appointee to the Circuit Court
RESOLUTION2023-160
Recommending Appointment of Board of Zoning Appeals Appointee to the Circuit Court
The consent agenda was approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: ' None
Vote: 7-0
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. Town Council Meeting Schedule for Calendar Year 2024
MOTION2023-183
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the
following was proposed::
RESOLUTION2023-161
Setting the Calendar Year 2024 Town Council Meeting Schedule and Authority to
Reset the Day or Days to which a Regular Meeting shall be Continued in the Event of
Inclement Weather
The motion as approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
b. Village at Leesburg Pump Station Pro Rata Amendment
MOTION2023-184
On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the
following was proposed::
RESOLUTION2023-162
Re -Establishing Pro -Rata Fees for the Village at Leesburg Pump Station
The motion as approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
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COUNCIL MEETING November 14, 2023
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14. PUBLIC HEARINGS
a. TLZNOA2023-0006, I-1 Zoning District Description
The public hearing opened at 7:21 p.m.
Mr. Mike Watkins presented Council with the proposed Zoning Ordinance
amendment to revise the limitation on rezoning property to the I-1
(Industrial/Research Park) Zoning District. The amendment is needed to allow the
Town to apply for a rezoning to the I-1 District for the Town Shop Expansion
project.
Council and staff discussed the proposed amendment.
Public Speakers:
There were no public speakers wishing to address Council.
The public hearing was closed at 7:26 p.m.
MOTION2023-185
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the
following was proposed:
I move to approve the proposed Zoning Ordinance Amendment TLZNOA2023-0006
revising Section 6.7.1 to create an exception for certain property to rezone to the I-1
District, based on the findings that the amendment furthers objectives of the Town
Plan, and that the proposal would serve the public necessity, convenience, general
welfare and good zoning practice.
ORDINANCE 2023-0-021
Amending Leesburg Zoning Ordinance Section 6.Z1 for the Purpose of Revising the
Description of the I-1 Zoning District
The motion as approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg, Wilt
and Mayor Burk
Nay: None
Vote: 7-0
b. Acquisition of Land Rights by Condemnation for Construction of the Morven
Park Road Sidewalk Project
The public hearing opened at 7:27 p.m.
Mr. Keith Wilson presented Council with the request for condemnation
action for a portion of PIN 230-15-8330-000 which is the roadway along the frontage
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COUNCIL MEETING November 14, 2023
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of 18 Morven Park Road NW. The easement is needed to complete the Morven
Park Road Sidewalk project.
Council and staff discussed the project and the need for condemnation of the
remaining parcel.
Public Speakers:
David Pillor, 18 Morven Park Road NW. Spoke to Council as the owner of
the parcel to request denial of the condemnation action.
Renee Pillor, 18 Morven Park Road NW. Spoke to Council as the owner of
the parcel to request denial of the condemnation action.
The public hearing was closed at 8:11 p.m.
MOTION
On a motion by Vice Mayor Steinberg, seconded by Council Member Cummings, the
following was proposed::
I move to approve the proposed Resolution Authorizing the Acquisition by
Condemnation ofRight-of-Way Dedication and Easement for Public Use for
Construction of the Morven Park Road Sidewalk Project
RESOLUTION
Authorizing the Acquisition by Condemnation of Right of Way Dedications and
Easements for Public Use for Construction of the Morven Park Road Sidewalk Project
The motion failed by the following vote:
Aye: Cummings, Vice Mayor Steinberg and Mayor Burk
Nay: Bagdasarian, Cimino -Johnson, Nacy, Wilt
Vote: 3-4
Council and staff discussed the next steps for the project without condemning
the property. Mr. Dentler said staff would discuss the remaining options which will
include continuing to negotiate with the property owners. Staff will report back to
Council with a project update.
c. Town Code Amendments to Chapter 34.1 (Utilities) Articles I and II and
Section 34.1 of Appendix B, Fee Schedule
The public hearing opened at 8:16 p.m.
Mr. Mike Meger, Deputy Director with NewGen Strategies and Solutions
presented their findings on the Town of Leesburg Rate Study. Mr. Meger and
Council discussed the study.
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COUNCIL MEETING November 14, 2023
Ms. Amy Wyks reviewed the proposed Town Code Amendments to Chapter
34.1 (Utilities) Articles I and II and Section 34.2 of Appendix B (Fee Schedule). The
amendments include text edits for clarification and adjustments to fees related to
utilities. Council and staff discussed the proposed amendments.
Public Speakers:
There were no public speakers wishing to address Council.
The public hearing was closed at 8:59 p.m.
No action was taken as another public hearing will be held on November 28,
2023, where the proposed water and sewer rates and Town Code amendments will
be on the agenda for adoption.
It was the consensus of Council to cancel the work session related to water and sewer
rates on November 27, 2023.
15. UNFINISHED BUSINESS
a. None.
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16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Cimino -Johnson said he would be submitting an online application
for Crohn's and Colitis Awareness Week to be presented on November 28, 2023.
Council Member Cummings disclosed he met with Mr. Kevin Ash regarding the
Zoning Ordinance requirements related to parking in the Old and Historic Downtown.
Council Member Nacy disclosed she met with Mr. Matthew Leslie and the
developers/owners of the property near Woodlea Manor.
Council Member Bagdasarian requested a work session discussion regarding the
status and options available for the Morven Park Road Sidewalk Project. Mr. Dentler said a
full report on the impact would be provided to Council once staff meets with the property
owner to determine if there is a resolution that could easily resolve the matter and what
options are available to complete the project. Mr. Bagdasarian and Mr. Dentler both agreed
that future reports/discussions will include renderings of the project to help Council
Members visualize the proposed project.
Council Member Wilt disclosed he met with Mr. Kevin Ash regarding the need for
dimensional flexibility in the historic district.
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COUNCIL MEETING November 14, 2023
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18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk attended the ribbon cutting for the new Loudoun County Courthouse.
Mayor Burk attended the 10th anniversary celebration and ribbon cutting for Best Rack
Around. Mayor Burk and the Leesburg Police Department attended a breakfast at
Reflections to honor first responders. Mayor Burk thanked the Environmental Advisory
Commission for coordinating the fall Keep Leesburg Beautiful event. Mayor Burk thanked
Ms. Sola Pallotta from the Very Virginia Shop for putting together the downtown kids'
Halloween parade. Mayor Burk attended the ribbon cutting for the 30th Anniversary for
Loudoun Literacy and welcomed them to Leesburg since moving from their previous
location in Sterling. Mayor Burk thanked the Town Staff for their assistance with the
Halloween Parade. Mayor Burk attended a ribbon cutting for Loudoun Cares. Mayor Burk
thanked ProJet for a well -attended Aviation Expo where they have given out over a million
dollars' worth of scholarships to students that are interested in the fields of aviation. Mayor
Burk attended a Chariots of Honor birthday celebration for Mr. Passat who is 100 -year old
World War II veteran. Mayor Burk announced A Place to Be in the Village at Leesburg is
now open and that it is a place where they use music therapy to help students in need.
Mayor Burk attended Leesburg Elementary to award them with a $100 check for their Art
Department for coming in third place in the snowplow decorating contest. Mayor Burk
noted she and Vice Mayor Steinberg, along with staff, walked the data center site across
from the Village of Leesburg which was very helpful and informative. Mayor Burk thanked
Boy Scout Troop 311 for allowing her to come and talk about the role of the Mayor. Mayor
Burk attended the Loudoun County Small Business Dinner and noted three Leesburg
businesses won awards including BirchTree Books who won for the best new business in a
town in Loudoun. Mayor Burk attended the Veterans Day ceremony at Dodona Manor and
thanked the George Marshall International Foundation for the invitation and coordinating
the event. Mayor Burk attended a Diwali event in Chantilly. Mayor Burk attended an event
at the Free Clinic noting what an amazing job they do for the community. Mayor Burk
congratulated Ms. Barbara Notar on her wedding to Mr. Jack Roberts. Mayor Burk visited
Cool Springs Elementary to present them with their $500 check for coming in first place for
the snowplow decorating contest. Mayor Burk also talked to the students about serving on
the Town Council.
19. TOWN MANAGER COMMENTS
Mr. Dentler wished everyone a happy Thanksgiving and noted staff has already
started hanging the holiday decorations.
20. CLOSED SESSION
a. None.
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COUNCIL MEETING November 14, 2023
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21. ADJOURNMENT
On a motion by Vice Mayor Steinberg, seconded by Council Member Cummings, the meeting
was adjourned at 9:14 p.m.
ATTEST:
Clerk of Council
2023 tcmin1114
Kelly/Bur1 4layor
Town of Leesburg
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November 14, 2023 — Leesburg Town Council Meeting
(Note: This is a transcript prepared by a Town contractor based on the video of the meeting. It
may not be entirely accurate. For greater accuracy, we encourage you to review the video of
the meeting that is on the Town's Web site — www.leesburgva.gov or refer to the approved
Council meeting minutes. Council meeting videos are retained for three calendar years after a
meeting per Library of Virginia Records Retention guidelines.)
Mayor Kelly Burk: I would like to call tonight's November 14th, 2023, Town Council meeting to order.
If anyone is the room needs hearing assistance, please see the Clerk. Council Member Bagdasarian
will be giving the invocation, followed by the salute to the flag by Council Member Cummings. Council
Member Bagdasarian.
Council Member Ara Bagdasarian: Yes, thank you. Heavenly Father, we are thankful to gather this
evening to discuss matters of importance to our community. We ask for clarity in our judgement and
decision -making. We ask for civility and empathy in our deliberation. Let us work together to
constructively build a better Leesburg for our citizens today and for the future. Let us also keep in
mind the families who are suffering from violence around the world, especially in Israel and Gaza, and
that they might find peace and the world to coexist. We ask all this in Your name, amen.
Mayor Burk: Join us for the pledge.
[pause]
Mayor Burk: All right. I have three sets of minutes. The first one is the joint Town Council Planning
Commission Work Session of October 19th, 2023. So moved by Council Member Nacy. Second?
Council Member Bagdasarian: I'll second.
Mayor Burk: Second by Council Member Bagdasarian. Mr. Wilt, you were absent from this. All in
favor of the minutes from October 19th, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed and abstained. Mr. Wilt, you're abstaining, correct?
Council Member Patrick Wilt: Yes.
Mayor Burk: Okay, thanks. That's 6-0-0-1, okay? I want to make sure I have that right. Work session
minutes for October 23,d, 2023. Do we have a motion?
Council Member Kari Nacy: So moved.
Mayor Burk: Oh, Council Member Nacy. Second?
Council Member Zach Cummings: I'll second.
Mayor Burk: Council Member Cummings. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. I keep expecting to hear Delegate -elect Martinez's voice.
Regular session minutes of October 24th, 2023. Council Member Nacy.
Council Member Cummings: Second.
Mayor Burk: Council Member Cummings. Myself and Dr. Cimino -Johnson were absent. So all in
favor indicate by saying aye.
Page 1 (November 14, 2023
Members: Aye.
Mayor Burk: Abstaining, aye.
Council Member Todd Cimino -Johnson: Aye.
Mayor Burk: Okay, thanks. That is 5-0-0-2. All right, can I have a motion to adopt the meeting
agenda?
Council Member Nacy: So moved.
Mayor Burk: [chuckles] Or second. You're setting a record here. Seconded by Council Member
Cummings. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed. That passes, 7-0. We have no certificates of recognition, but we do have a
proclamation tonight and it is National American Indian Heritage Month and Sydney Aquilina. Am I
saying that correctly? Is she here tonight? While she's coming here, let me read it into the record. This
is National American Indian Heritage Month, November 2023. Whereas the history and the culture of
our great nation has been significantly influenced by the American Indian and the indigenous people,
whereas contributions of the American Indians have enhanced the freedom, prosperity and greatness
of America today, whereas their customs and traditions are respected and celebrated as part of a rich
legacy throughout the United States.
Whereas Native American Awareness Month began in 1976 and recognition was expanded by
Congress and approved by President George Bush in August 1990 designating the month of
November as National American Indian Heritage Month. Whereas in honor of the National American
Indian Heritage Month, community celebration as well as numerous cultural, artistic, educational and
historic activities have been planned. Whereas we welcome Sydney and I'm going to say your-- Say
your last name for me.
Sydney Aquilina: Aquilina.
Mayor Burk: Aquilina. A 2017 graduate of Loudoun County High School and a tribal member of the
Grand Traverse Band of Ottawa and Chippewa Indians to accept this proclamation on behalf of the
Town of Leesburg community, therefore proclaimed that the Mayor and the Council of the Town of
Leesburg in Virginia do hereby recognize November as a National American Indian Heritage Month
and urge all our citizens to observe this month with appropriate program ceremonies and activities
proclaimed this 14th day. Now I'm going to go down and present this to Sydney.
Eileen Boeing: We need a motion.
Mayor Burk: Oh, thank you for reminding me.
Council Member Cummings: So moved.
Vice Mayor Neil Steinberg: So moved.
Mayor Burk: Moved by Council Member Cummings, seconded by Vice Mayor Stein-- I know he's
here. It makes-- [laughter] Steinberg. All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes, 7-0. All right.
Sydney Aquilina: Thank you.
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Mayor Burk: Sydney, this is really very exciting to present this to you tonight. We met a little while
ago when you had an idea that you wanted the Town to get behind and you took it to a couple of
different commissions and you're continuing to work on it and I'm looking forward to it being
completed, but I'd like you to explain it to everybody if you wouldn't mind.
Sydney Aquilina: Oh, of course.
Mayor Burk: The cameras over here, so if you want the people in watching to want to see, you need
to face that way.
Sydney Aquilina: Okay. [chuckles] Hello, everyone. It feels odd facing the cameras, but essentially
the idea that I brought forth was based on the fact that Leesburg prides itself in its history. This is
something that I think is very unique about our Town, and because of this, we have landmarks all
across our Town, especially the downtown area, talking about the many different amazing aspects of
our history here, and yet we don't have any that address or talk about or even mention the indigenous
history, the indigenous people who are the original inhabitants of the land. That is a huge part of the
history that has been just forgotten, and so realizing that and also the fact that there is a very strong
indigenous presence that is just under our noses with a lot of these landmarks like Sycolin Creek and
Tuscarora.
There are so many different words that we use in this area every day that we don't even think about
how they are actually from indigenous languages. This project, the idea is to bring forth a better
awareness of the history and of the people who have lived in this area who have connection to this
land, who have taken care of this land prior to us living on it. That is one of the main points.
The other part is that we would like for there to be a visible reminder. There will be ideally a landmark
created in a prominent part of downtown, and we've already thought of or found with COPA, the
Commission on Public Art here, where the ideal location will be.
We're still working on funding, so anyone that has an idea of where we can get some of this funding,
please let me know. We are bringing forth all of this information that we have about the indigenous
people who have lived in the Leesburg area for centuries and trying to give a little bit of that history on
a plaque and bringing people to remember that every day with a statue as well.
Hopefully, this will also encourage people to continue the practices of various native cultures of taking
care of the land and not disrespecting it. I hope to see, as Mayor Burk had mentioned, people to try to
live that out in the spirit of Native American Heritage Month, and that is also something that I would
like to see people do throughout the year when they see that statue. Just have that reminder to take
care of the land, to be remembering these people who have lived on the land before us, as well as the
Native Americans who live among us in our community today, who have been displaced from other
areas of the country to come to live here.
Mayor Burk: Thank you. You most certainly are an-- Oh, don't go away. [laughs] You're an excellent
spokesperson for your culture, and we really do look forward to that project coming to fruition at some
point, but I do want to give you this proclamation recognizing the National American Indian History
Heritage Month for you to accept and take with you today. We're very excited that someone so young
is so interested in their heritage in preserving it, and so we're very excited that you're here today and
thank you very much for taking the time to come out.
Sydney Aquilina: Thank you very much.
Mayor Burk: Thank you. Take care.
[applause]
Oh, can we get a picture?
Sydney Aquilina: Yes, certainly.
Mayor Burk: All right. Thank you.
Page 3INovember 14, 2023
Sydney Aquilina: Thank you.
[pause]
Mayor Burk: Do we have any regional commission reports at this point? None. Our petitioner section,
do we have anybody signed up for our petitioners at this point? I think we have a couple people. I'll
start reading the requirement for the petitioner section. One of the first orders of business is to hear
from the public. All members of the public are welcome to address the Council on any item matter or
issue.
Please identify yourself and if comfortable doing so, give your address for the taped record. We do
ask any public speaker to state your name and spell it for the purpose of closed captioning. In the
interest of fairness, we all ask that you observe the three -minute time limit. The green light on the
timer will turn yellow when you have one minute remaining. At that time, we would appreciate your
summing up and yielding in the floor when the bell indicates your time is expired.
Under the rules of orders adopted by this Council, the time limit applies to all. The first person I would
like to recognize today is our Delegate -elect. Mr. Martinez is here. Congratulations on your win and
we look forward to working with you in Richmond, so please head over and no, you cannot make a
motion.
Virginia Delegate -elect Fernando "Marty" Martinez: I didn't come here for the coffee. I came here
to say thank you to the Town of Leesburg and the rest of District 29. I will say that I do miss you all. I
miss the Town staff, but I guess I'm moving on to other places, and as you're-- For the record, my
name is Fernando "Marty" Martinez. I live in the 704 Bellview Court. I'm not going to say what Town
because it's pretty obvious, but --
Mayor Burk: Would you just spell it to clarify, make sure we have the correct spelling.
Delegate -elect Martinez: For?
Mayor Burk: Martinez.
Delegate -elect Martinez: M -A -R -T -I -N -E -Z.
Mayor Burk: Thank you. Closed captioning appreciates that.
Delegate -elect Martinez: What I wanted to say that I'm very grateful that I have the privilege of
serving District 29, which encompasses the Town of Leesburg. I think for the first time, at least in my
history, the Town will have one Delegate representing them, and I hope that I will do my best to
provide whatever I can, help, services for the Town and the rest of the District. I just wanted to say
thank you for the people in District 29 for electing me. I hope to be a great representative for you all.
Thank you, and you moved. I was looking for you over there. That's not you.
Mayor Burk: She lives in the same place.
[laughter]
Delegate -elect Martinez: Thank you all.
Mayor Burk: Thank you, Delegate -elect. We appreciate your enthusiasm. The first person signed up
to speak tonight is Matt Chwalowski. I don't see Matt here. Is he in the-- All right, then I'll go to the
second person, which is Kevin Ash. Mr. Ash, welcome.
Kevin Ash: Thank you. Good evening, Mayor, Vice Mayor, and Council Members. I wanted to speak
this evening about a topic that I've been working with Town staff with, spoken to several Council
Members and Town Manager. I know Council Member Cummings brought it up yesterday. It's talk
about modifying Zoning Ordinance amendments that have to do with parking space sizes, travel aisle.
Page 4INovember 14, 2023
widths, and landscaping requirements in parking areas. I've had the privilege of developing three
properties here in the Old Historic District, five buildings here in the Old Historic District.
However, on all three of those projects, I was not involved in the site plan approval process. Those
were all projects that I bought that were previously approved by the Town that couldn't get built by the
original developer, and I was able to acquire and build those. Working on 208 South King Street and
being involved with the Town for the last 15 years, I realized how difficult parking can be in the Old
Historic District.
Working with Mike Watkins, James David, Bill Ackman, Russell Seymour, and Lauren Murphy, I think
we all have found common ground in the need for the ability to have a waiver process in modifying
some of the dimensional aspects of the Zoning Ordinance that tie to parking sizes, drive aisle widths,
and green spaces. I know that the Zoning Ordinance is under a rewrite, but that is still some two to
three years out. I don't think anybody that's trying to improve this town should have to wait two to
three years to make improvements here in the Town. The Town was developed hundreds of years
ago, 200 years-- 1758, I believe.
Mayor Burk: That's correct. You're good.
Kevin Ash: During that time, these parcels in the Old Historic District were carved up in much smaller
increments than areas outside of the Town. The Town ordinance for those three elements are the
same outside of the Town as in the Old and Historic District. I think that creates a larger barrier to do
good development in the Town, create more green space and parking areas in the Town and have
modified parking sizes in the old historic district. I think this modification could increase parking by 5%
to 10% more. I know in my other developments that I own, I could generate six more parking spaces
with the ability to modify and have a few compact spaces in them. Is that one minute left?
Mayor Burk: Technically, your time is up. [laughs]
Kevin Ash: Just real quick, I'll run down. I took the liberty of taking some dimensions throughout the
Town.
Mayor Burk: Mr. Ash, your time is up.
Kevin Ash: Okay.
Mayor Burk: You are more than welcome to send that to us if you would like to send that to us.
Kevin Ash: Yes.
Mayor Burk: I'm sure that would be helpful.
Kevin Ash: Okay, great.
Mayor Burk: Thank you.
Kevin Ash: Thank you, everyone.
Mayor Burk: There's nobody else who has signed up to speak. Is there anybody in the audience that
would like to speak that didn't get a chance to sign up? Nobody? That being the case, then I will close
this petitioner section. We will go to the approval of the consent agenda. I will read them and then ask
for a motion. The first one is 12A, 2024 Arts Park Sculptures at Raflo Park. 20-- I'm going to forget it.
12-3 is 2024 Town Calendar. C is the Fiscal Year of 2024 Visit Loudoun Tourism and Marketing
Leverage Fund Grant. D is Fiscal Year 2024, Virginia Department of Housing and Community
Development Community Vitality Grant. C is Award of a Contract Micro Bulk Carbon Dioxide for Ida
Lee Park Recreation Center.
F is Requesting Virginia Department of Transportation to Accept Crosstrails Boulevard. G is the
Award of the Purchase Order of Johnson Truck Center, LLC. H is Evergreen Mill Road Widening
Page 51November 14, 2023
Project Approved Design Change Order Number 14. I is Staff Augmentation Services, Engineering
Project Management and Construction Management Support. J is Police Station Expansion, Novec-
Fiber Contract. K is Supplemental Appropriation for the Stormwater Management Program. J, K, L is
the Board of Zoning Appeal Appointee to the Circuit Court. Does anybody want anything removed
from that list?
Council Member Cimino -Johnson: I don't, but I do have a comment.
Mayor Burk: Comment, yes.
Council Member Cimino -Johnson: I am not related to Johnson Trucking. Just FYI. I just want to put
that in the record.
Mayor Burk: Okay.
Vice Mayor Steinberg: [inaudible]
Mayor Burk: Well, that's another issue. Do I have a motion to accept them?
Vice Mayor Steinberg: So moved.
Mayor Burk: Vice Mayor Steinberg. Second?
Council Member Bagdasarian: I'll second.
Mayor Burk: Second. Council Member Bagdasarian. All in favor?
Members: Aye.
Mayor Burk: Opposed? That passes, 7-0. That takes us to our resolution. The Town Council meeting
Schedule for Calendar Year 2024. Do I have a motion to accept the Setting of the Calendar 2024?
Vice Mayor Steinberg: So moved.
Mayor Burk: Vice Mayor. Is there a second?
Council Member Nacy: Second.
Mayor Burk: Second. Council Member Nacy. Does anybody have any comments or questions in
concerning the Town Calendar? Okay. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes 7-0. The next one is the Village at Leesburg Pump Station, Pro
Rata Amendment. Is there a motion?
Vice Mayor Steinberg: So moved.
Mayor Burk: Vice Mayor. Second?
Council Member Bagdasarian: Second.
Mayor Burk: Council Member Bagdasarian. This is to reestablish the prorated fees for Village at
Leesburg Pump Station. Is there any questions or discussion on this one? Okay. All in favor indicate
by saying aye.
Members: Aye.
Page 61November 14, 2023
Mayor Burk: Opposed? That passes, 7-0. All right, that takes us to our public hearing. Let me read
the announcement for the public hearing, which is I call to order this November 14th public hearing of
the Leesburg Town Council. Unless there is an objection, I will dispense with the reading of the
advertisement. If you wish to speak, we ask that you either sign up on the sheet in the hallway outside
of Council Chambers, but if you did not get the opportunity to sign up, we give you an opportunity to
speak. In the interest of fairness, we also ask that you observe the five-minute time limit. The green
light in front of you will turn yellow at the end of four minutes, indicating that you have one minute
remaining. At that time, we would appreciate you summing up and yielding the floor when the bell
indicates your time has expired.
Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens.
However, rather than have numerous citizens present remarks on behalf of a group, the Council will
allow a spokesperson for a group a few extra minutes. In that instance, we would ask the speakers
when they sign up to indicate their status as spokesperson, the group they represent and their
request for additional time.
Our procedure for the public hearing is as follows. First, there is a brief presentation by staff about the
item before us. Second members of the public that have signed up to speak will be called and given
five minutes to make their comments. The public hearing item on the agenda tonight is TLZNOA2023-
0006 1-1 Zoning District Description. Oh, there you are. [laughs] You're all ready. Okay.
Mike Watkins: Madam Mayor, Members of Council, good evening. Before you this evening is a text
amendment. The purpose of this amendment is amending the ordinance to revise the description of
the 1-1 District. If approved, the ordinance will enable the Town to apply for its special exception and
rezoning of property recently acquired. As I mentioned, this graphic shows you the property that was
acquired. It's located on Russell Branch Parkway directly to the east of our existing facilities. When
the property was privately owned, the property owners rezoned the property from 1-1 to B-3. It
included a proffered restriction for auto sales and service only.
Again, a little bit of background as written. The ordinance currently has a prohibition for rezoning
properties. The 1-1 district is not intended to be available for future rezonings, nor is a means of
expanding the existing 1-1 Districts. This slide shows you the proposed amendment to the current
ordinance. We're going to strike some text that speaks to intent, but clarify that this only applies for
exceptions for expansion of existing public service facilities, including buildings and property operated
by duly constituted local county, State, or Federal Government agency already zoned 1-1.
Again, the effect of this amendment will allow us to continue the expansion of our recently acquired
property. The Planning Commission did hold its public hearing on September 7th. There were no
public speakers. The Commission did make a recommendation while we're rewriting the Zoning
Ordinance to look at a new district called Government, and that would include all the customary uses
that governments provide. By vote of 6-0-1, they recommended approval of the text amendment. Staff
does recommend approval of the proposed text amendment, and I'm happy to answer any questions
that you may have.
Mayor Burk: Thank you for that report. Is there anyone who does have a question on this item? Yes.
Council Member Wilt?
Council Member Wilt: Just one question, Mike. In terms of the terminology used, the means of
expanding the boundaries, will that be interpreted to mean that only contiguous properties are
applicable?
Mike Watkins: Correct.
Council Member Wilt: Expanding doesn't mean that it would be in a discrete property on its own. It
has to be any -
Mike Watkins: Correct.
Council Member Wilt: -future interpretation, contiguous property is the interpretation there?
Page 7INovember 14, 2023
Mike Watkins: The facility itself has to be zoned 1-1 and then the property directly contiguous to it
could be expanded and rezoned 1-1 to expand that existing facility.
Council Member Wilt: Good. Thanks, Mike.
Mike Watkins: Welcome.
Mayor Burk: Anyone else have any questions on this? Appreciate the sitting down and talking about
this to explain it further to me. It most certainly seems like it's something that would be a positive for
the Town to do at this point. At that point, do I have a motion?
Eileen Boeing: I'm sorry, the speakers.
Mayor Burk: Oh, speakers. Well, there was nobody signed up. Sorry. There is nobody signed up to
speak. Is there anybody from the audience that would like to speak to this item? All right, in that case,
then I will close this public hearing and I will ask for a motion to approve of-- a motion.
Vice Mayor Steinberg: Motion to approve.
Mayor Burk: Could you read it?
Vice Mayor Steinberg: I can. There we go. I move to approve the proposed Zoning Ordinance
amendment TLZNOA2023-006 revising section 6.7.1 to create an exception for certain property to
rezone to the 1-1 District based on the findings that the amendment furthers objectives of the Town
plan and that the proposal would serve the public necessity, convenience, general welfare, and good
zoning practice.
Mayor Burk: Is there a second?
Council Member Nacy: Second.
Mayor Burk: Seconded by Council Member Nacy. All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes, 7-0. Okay, the next public hearing. All right. The next public
hearing I will call to order this November 14th public hearing of the Leesburg Town Council. Unless
there is an objection, I will dispense with the reading of the advertisement. If you wish to speak, we
ask that you either sign up on the sheet in the hallway outside of the Council Chamber, but if you did
not get the opportunity to sign up, we'll give you an opportunity to speak.
In the interest of fairness, we also ask that you observe the five-minute time limit. The green light in
front of you will turn yellow at the end of four minutes, indicating you have one minute remaining. At
that time, we would appreciate you summing up and yielding the floor when the bell indicates your
time has expired. Under the rules of orders adopted by this Council, the five-minute time limit applies
to all.
However, rather than have numerous citizens present remarks on behalf of a group, the Council will
allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers
when they sign up to indicate their status as spokesperson, the group they represent in their request
for additional time. Our procedure for the public hearing is as follows.
First, there will be a brief presentation by staff. Then the second, there will be members of the public
that have signed up to speak will be called and given five minutes to make their comments. The public
hearing item on the agenda tonight is the Acquisition of Land Rights by the Condemnation for
Construction of the Morven Park Road Sidewalk Project. Who's doing this one? Hello, how are you
tonight?
Page 81November 14, 2023
Keith Wilson: Good. Good evening, Madam Mayor and Council Members. My name is Keith Wilson.
I'm one of the Land Acquisition Managers for the Town. The request tonight is for the acquisition of
the remaining property for the construction of the Morven Park Road Sidewalk. The acquisition by
condemnation is the taking of private property for a public purpose, more commonly referred to or
known as eminent domain.
A little background on the project, the Morven Park Road Sidewalk Project is for the construction of
the missing links or segments of sidewalk along the west side of Morven Park Road to provide a
continuous pedestrian access between West Market Street and Old Waterford Road. The project is to
improve drainage and provide a uniformity of a roadway section after completing the curb and gutter
in both sides of the street and extending the storm draining system.
Right -of -away dedications and easements were necessary for the project. Council approved a
resolution authorizing the acquisition of the 29 parcels on the project. Council action for the
acquisition of the parcels was in February of 2021. At that time, the project was determined by the
requirement of the State Constitution and State Code that it was a public necessity for the project.
The Town has made offers to all the property and landowners from whom land rights are needed. All
but one of the landowners have accepted the Town's offer. Condemnation is necessary to secure the
remaining rights and allow the project to proceed on schedule. A bonafide offer based upon the
estimated fair market value of the required rights were made on this parcel PIN 230-15-8330, which is
located at 18 Morven Park Road NW.
Condemnation action by filing of a certificate of take in the Loudoun County Circuit Court Clerk's
Office and payment of the fair market value into the Court will allow the project to proceed. The
estimated fair market value of the required land rights of the remaining parcel is $4,400. The required
rights on the property at 18 Morven Park Road is 3,748 square feet of the existing Morven Park Road
prescriptive right of away to be dedicated for public street purposes, and an area of 469 square feet of
temporary construction easement to tie the existing driveway entrance into the new curb and gutter
and concrete apron.
The parcels in brown were the original parcels where land rights were needed on the project and
Council authorized the acquisition of those land rights. The remaining property where the land rights
are needed is highlighted in green. That's properties located at 18 Morven Park Road. This is a street
view of the frontage of the property along the east side of Morven Park Road. The property is located
approximately at the stone column running to the north along the stone wall.
Acquisition of the land rights is for the existing prescriptive right of away, where the existing asphalt
pavement is located. The proposed right -of -away line will run along the face of the stone pillar and
stone wall. The stone pillar and stone wall are not to be disturbed. The curb and gutter will run along
approximately the edge of the existing pavement as it is out there today. A concrete apron will be
constructed at the location of the existing driveway and the temporary construction easement is to tie
that existing driveway into the new project. I'm ready to hear if you have any questions.
Mayor Burk: All right. Does anybody have any questions before we hear from the public? Yes, sir.
Mr. Council Member.
Council Member Wilt: Thanks. Keith?
Keith Wilson: Yes.
Council Member Wilt: I wanted to get clarity, you said what we're looking for eminent domain, 3,748
square feet.
Keith Wilson: Yes, sir.
Council Member Wilt: Parcel. That's I assume the length of the frontage of the property to a depth of
what?
Page 9INovember 14, 2023
Keith Wilson: That is, it's a depth of 30 feet. It is the asphalt pavement area that you see in this
photograph. Morven Park Road is an older road probably from pre -Civil War time, so there is existing
prescriptive rights. When the roadway systems were taken into the Commonwealth in the 1930s by
the Byrd Act. Before that, the roads were maintained by the Counties and Cities and because of the
state of repair and the counties are complaining that they had no funds to maintain the roadways, the
Commonwealth of Virginia agreed to take over State maintenance unless the Counties wanted to opt -
out.
There were two counties in Virginia that opted out, Arlington County and Henrico County, which is
located just north of Richmond. At that time, unless there was a deeded right of way for the roadway,
it was assumed or presumed that the existing roadway was 30 feet in width, measured 15 feet on
either side of the existing travel way.
Council Member Wilt: In the picture, can you show us what's in dispute?
Mayor Burk: Whoops. [chuckles]
Keith Wilson: Technology.
[pause]
The acquisition area is located on the roadside of the stone pillar and wall.
Mayor Burk: While they're doing that, do you have any additional questions?
[laughter]
Council Member Wilt: Yes, actually.
Keith Wilson: It is the notch. It's me. We've got --
[pause]
Council Member Wilt: Ok, we're calling. Currently, I guess we're saying we need to acquire land,
which is actually, most of it's a current roadway that's in use.
Keith Wilson: It is all within the existing roadway. However, we only have prescriptive rights. The
owner still owns the underlying fee simple interest. When it is encouraged that when a new roadway
is constructed to clear up the title to the property.
Council Member Wilt: Where you've drawn that stone wall and such, you said that is to be
undisturbed?
Keith Wilson: Yes.
Council Member Wilt: That will remain the property owner's property?
Keith Wilson: Yes.
Council Member Wilt: Essentially where that stone wall ends, right from that point out through the
roadway, is what we're talking about? Is that it?
Keith Wilson: Yes.
Council Member Wilt: Then of 29 properties, this is the one that's objecting. What were the prices
paid to the other 28 property owners?
Keith Wilson: They were based upon the estimated fair market value. It ranged based upon the size
of the acquisition and the type of easement that was acquired.
Page 10INovember 14, 2023
Council Member Wilt: What was the range of those prices?
Keith Wilson: I'm sorry.
Council Member Wilt: What was the range of those prices paid?
Keith Wilson: The range of the prices were from $300 up to $35,000.
Council Member Wilt: How is 4,400 determined for this property?
Keith Wilson: It was based upon the 2023 assessment verifying that the sales were consistent with
what the properties, lots were selling for in the neighborhood.
Council Member Wilt: The property, for example, at 35,000, what was the distinction between that
property and this property? That's a nine times multiple.
Keith Wilson: I'm sorry, sir.
Council Member Wilt: The 35,000, so we go to the upper end of that range. What was the difference
between that property and this property to drive a nine times multiple?
Keith Wilson: The highest property that was taken was not only the prescriptive right of way was
needed, but approximately 12 feet of the frontyard was needed or 12 additional.
Council Member Wilt: What is the property owner's objection?
Keith Wilson: My understanding is from the property owner, and he is here today and could speak to
that, is he is in disagreement to the compensation offer being made.
Council Member Wilt: Just on your basis of the land value?
Keith Wilson: His basis was on the basis of the land value as paying for a fee simple interest versus
an encumbered fee. This property is already encumbered by the existing prescriptive rights to have a
roadway there. The Town is only acquiring the remaining land rights in the property.
Council Member Wilt: Right. Thank you, Keith.
Mayor Burk: Council Member Bagdasarian.
Council Member Bagdasarian: Just for clarification, I think Council Member Wilt covered this, but is
it correct that my understanding is that the road, Morven Park Road, is owned by private owners on
each side? Basically, one-half of the street is owned by --
Keith Wilson: In this particular case and then the first four properties, which is this is the third of the
four properties, they own the entire roadway or they own the entire 30 feet. The property line in the
1930s was from the west side of the road going east. Yes, there were a total of 15 landowners that
owned portions of the existing roadway.
Council Member Bagdasarian: When properties are sold, does the deed change on that or is that
remain consistent as far as the ownership of the road?
Keith Wilson: It does. In some deeds, it says it'll give the acreage, which in this case it gives the
acreage of the track. Then it says 0.09 acres is located within the existing roadway.
Council Member Bagdasarian: Who provides maintenance on the road?
Keith Wilson: The Town of Leesburg.
Council Member Bagdasarian: Thank you.
Page 11 (November 14, 2023
Mayor Burk: Dr. Cimino -Johnson.
Council Member Cimino -Johnson: Thank you for your presentation. My question revolves around
fair market value. Did we do that internally or did we get a third party to look at that?
Keith Wilson: That was based upon the third party.
Council Member Cimino -Johnson: Then I heard about the road, what about the sidewalk? Is that
the responsibility of the homeowner or us?
Keith Wilson: The sidewalk is located on the west side, so there will be no sidewalk on this side. The
maintenance of the sidewalk is the Town's responsibility. Snow removal by Town ordinance is the
landowners' responsibility.
Council Member Cimino -Johnson: Okay. Thank you.
Mayor Burk: I just have a question. That fence there has got to be 100 years old. I mean, you said
that it won't be disturbed. Are we sure that we're not going to do anything to harm or touch that fence?
Because that would be --
Keith Wilson: The concrete curve that's to go back in the back edge of it will be along the edge of the
existing pavement. There is a strip of land, even though a portion of it is being taken into the right of
way of the road construction for the curbing is, and the plans say you put it upon the contractor that
gets the job, that the stone wall and column are not to be disturbed.
Mayor Burk: Let me make sure that I understand this. What side of the road is the sidewalk going on
and what side is the curb going on?
Keith Wilson: The curb is going on both sides. Currently out there, there's pieces of curb along the
project as the properties have developed. To make a consistent roadway or uniformity of design, the
curb will be extended on both sides of the roadway, and there will be a continuous sidewalk on the
west side or the opposite side of the street from this property.
Mayor Burk: We're talking really about a curb, and we're not really talking about the sidewalk. The
sidewalk's on the other side.
Keith Wilson: Yes, there will be a construction of a curb and a concrete driveway apron that ties into
the concrete curb.
Mayor Burk: Thank you. That's a much better picture for me. Thank you. Vice Mayor?
Vice Mayor Steinberg: Thanks. In the staff report there was a description or a discussion about
potential development on the site. If I'm not mistaken, and part of this conversation had to do with
contingency on the development being approved. How does that enter into this conversation?
Keith Wilson: This particular gentleman owned a second parcel that was in a limited liability
corporation that was being, and there's a current land development application and that the property
is two properties to the north of here. We were able to reach an agreement for that area. The concern
on that was the coordination of the frontage improvements with the new residential subdivision
development, and the Town's construction of the Morven Park Road Project. We were able to rectify
those issues.
Vice Mayor Steinberg: Just to reiterate, in theory, the road is owned by the property owners, in
theory or in reality?
Keith Wilson: The owner.
Vice Mayor Steinberg: The Town provides all the maintenance for the road service and the
construction and maintenance of the sidewalk and the curbs.
Page 12INovember 14, 2023
Keith Wilson: Yes.
Vice Mayor Steinberg: That is correct. Out of curiosity, this was approved more than two years ago,
so how long has this conversation been going on with the one property owner versus the other 28?
Keith Wilson: The initial offer I think was made in June of this year and we've had conversations on
and off. This property was contingent upon the portion of the property that had the land development
application for the residential subdivision, so most of the concentration was on that, but approximately
four and a half months.
Vice Mayor Steinberg: Thank you.
Mayor Burk: Let me follow up. Is the residential development, is it the other green site?
Keith Wilson: No, there's a --
Mayor Burk: It's across the street.
Keith Wilson: Across the street.
Mayor Burk: I should do a disclaimer because my son lives down on Williams Drive, third house from
the back, but --
Keith Wilson: There's a land development application for Millstone, and it's opposite is on the east
side of Morven Park Road.
Mayor Burk: All right, thank you. Yes, Mr. Wilt.
Council Member Wilt: Just one follow-up. Given the nature that whenever this was done, that the
property owners technically own the land that the roadway is constructed on, but it's encumbered. In
terms of practical value, value to the property owner and the future, what would the value of
maintaining ownership of that property under the roadway be?
Keith Wilson: It would be for reversionary rights.
Council Member Wilt: What's that?
Keith Wilson: If it's a reversionary if the roadway-- For instance, this roadway will probably never go
away or disappear, but if it was a roadway in a county setting that had a bunch of curves, a series of
curves, and they come in and they improve the roadway and straighten out the road, and eliminate
some of the curves, then that land would revert back to the owner.
Council Member Wilt: Got it. I assume that this is a common or uncommon aspect in the Town
where roadway are deeded to property owners?
Keith Wilson: It's not uncommon. Edwards Ferry Road sidewalk had three properties, so this-- It's
uncommon in that it's only for areas that the roadway existed pre -1930s. A lot of the roads in the
Town by subdivision development and more after that, but Edwards Ferry Road, Morven Park Road
are --
Council Member Wilt: It's not something I'm familiar. My property on King Street, I don't own the
roadway. That's a new condition. Not a new condition, I'm just not familiar with it, but we're essentially
saying in practical terms in the future the property owner couldn't actually do anything with this portion
of the property in the future.
Keith Wilson: No, it's encumbered. They could not prohibit or block the use of the travel area for
transportation purposes.
Council Member Wilt: All right. Thanks again.
Page 13INovember 14, 2023
Mayor Burk: Thank you. At this point, we'll hear from the public. We have two people signed up.
David Pillor.
David Pillor: Please. Can we leave that picture up?
Mayor Burk: Fine.
David Pillor: It's a great picture. [chuckles] My name is David Pillor, P -I -L -L -O -R. I have some
prepared words here, but I'm open to any questions and interaction as you see fit.
Mayor Burk: You have five minutes.
David Pillor: I'm going to stop.
Mayor Burk: Then we might ask you questions.
David Pillor: Okay, I apologize, first of all, to be here under such circumstances. You've got a lot of
important business for the Town. This is a negative thing. I'd rather be here under a positive. I thank
you for the opportunity to voice my concerns. I think maybe the horse has left the barn on this thing.
I've been interfacing with the Town, especially the staff for some time. I've expressed my objections
and my thoughts about the project. There's actually no resonance from anybody on the staff side
that's on my side.
My only hope yet is maybe I can find a supporter among this crowd and maybe one or more of you
will understand. I think the Town has done a really, really good job to improve the Western access to
Leesburg, especially the improvement on West Market Street, the new grading, and the sidewalk. It's
safer. It's safer for pedestrians. Notably, you only curb one side of that road. You left the other side of
the road curb -free with farm fences.
When you approach from the west to Leesburg, you have a sense of rural and new and the transition
area that protects the history of the Town. Renee and I moved to 18 Morven Park about eight years
from Ashburn. The home is part of the Leesburg Historic District area. It's hard to see the home from
the street, but its landmark should be known by all who go down that road, and it's that stone wall. My
neighbor to the north also has a stone wall. We and others are part of the Western gateway to
Leesburg.
Their area is charming and peaceful. We just love it. 18 Morven Park is an 1800s home that's actually
quite valuable. The Town thinks so also. One measure of value of a property is its tax assessment. I
didn't really think about this till last weekend but I spent some time online. It's not exhaustive. I looked
at all the historic properties in the Northwest and Northeast and focused on the big parcels. Guess
what? I pay more taxes than anybody. I don't think it's a distinction that I should be particularly proud
of, but it is a fact.
The Town values this parcel more than anything else in the historic district. We enjoy about an acre or
more of land. Our property line extends to the middle of the street and beyond. I pay taxes on that
land. Maybe that's why our taxes are high in the Town. I know Keith said other people had maybe a
little bit here and there. I'm not aware, but of two parcels that actually own the road, and I happen to
own both of them. We're not discussing it, but it's further up Morven Park Road.
The sidewalk project on the opposite side was suggested by the neighborhood maybe 10 years ago.
It's not a bad idea. Now it's not favored by everybody, but probably the majority still favors the project.
The people that don't like it are the ones that are losing their front yard from the sidewalk. I've talked
to a few of them. Your engineers started to work and decided to change the landscape of the road
itself. I'm not aware of any issues that needed fixing, but staff members probably wanted to fix
something.
I think the horse left the barn some time ago. Once the project engineers moved forward, you couldn't
really steer the ship. Even with kindly advice, phone calls, emails, letters, doesn't work. You may ask,
"David, what's up? It's just a curb. Get over it. It's not a big deal." The new curb will sit right on that
wall. I can't mow that grass anymore. I don't know what the surface is going to look like between that
Page 141November 14, 2023
and the wall. You planned to paint the stripe right down that road, just like you have on Edwards Ferry
Road.
You're going to restrict traffic to closer to my wall. You're going to give everybody a straight shot north
to south. I think there's a safety issue. There's no plan to control speed in this plan. I'm sure it's an
accident waiting to happen.
Mayor Burk: Mr. Pillor, your time's up. Could you sum up please?
David Pillor: Can I speed up?
Mayor Burk: Can you sum up what you're speaking?
David Pillor: Yes. Please.
Mayor Burk: Go ahead.
David Pillor: I thought you said stop. I'm sorry.
Mayor Burk No, no. I said, could you sum up because your time is up?
David Pillor: I proposed a little rethink. Save the Town taxpayers a few million dollars. Retain the
Western gateway ambience, put the curb in the sidewalk in, leave the curb. Leave it like it is. No one
could ever park there again. I park, it's a real problem parking in this neighborhood. We're going to
have to park on the other side of the street. That's a problem for the people on the other side of the
street. My neighbors are burdened with the same issue.
Mayor Burk: All right, thank you. Would you take questions at this point?
David Pillor: Please.
Mayor Burk: Does anybody have any questions for Mr. Pillor? I guess we don't need to ask you any
questions at this point. [laughs] But thank you.
David Pillor: I just want to close by saying I have no interest in a dispute with the Town at all. I don't
want to take this forward in a dispute. I'd like to find a solution. I just need someone to talk to that can
actually make a difference.
Mayor Burk: Thank you.
David Pillor: Thanks.
Mayor Burk: Thank you very much. Renee, did you want to speak?
Renee Pillor: I'll speak for just a minute.
Mayor Burk: You're signed up. You are welcome to come speak. Wait till you get to the mic so
people can hear you.
Renee Pillor: Can you hear me?
Mayor Burk: We can hear you.
Renee Pillor: My name is Renee Pillor, spelled P -I -L -L -O -R. First name, R -E -N -E -E. With an accent.
This picture Dave likes so well, I don't. The reason is you really can't appreciate the stonewall here at
all. If you saw the stonewall, you'd probably be amazed because it's so beautiful, so is the one next
door. I think that what we'd like to do, if we have any possibility of it, it seems like everything's already
been set in stone and we love all the things you've done on sidewalks. It's not against a sidewalk
which will be on the other side. It's because the ambiance there is really a little bit of rural country
Page 151November 14, 2023
historic. It's different than, let's say, an Ashburn neighborhood where both sides have the curb, right
and left. You didn't do that on Market Street. I would hope on W Market Street, maybe you could
reconsider save some money and maybe do the same thing on Morven Park. That's what I wanted to
say. Thank you.
Mayor Burk: Thank you. Thank you very much. Mr. Bagdasarian?
Council Member Bagdasarian: I do have one question for staff. How much of the lawn, if you will,
will be covered by the curb and will it truly butt up against the stonewall?
Keith Wilson: The cross-section show the back of the curb going along the edge of the existing
pavement. There will be a small strip between the back of the curb and the wall. The curb action, as
you know, is raised 6 inches. We have offered the landowner his choice of material to go back in
there between the wall and the curb because we do understand that it will be impossible for a push
mower to be able to get up there. We've offered the landowner the choice of materials if he wants for
it to go back with grass or some type of landscaping material stone or mulched so that, that doesn't
have to be mowed, but the maintenance responsibility for the grass strip in front of the wall would be
on the landowner.
Council Member Bagdasarian: Got it. So we're all clear, what is the objective of the project from a
maintenance?
Keith Wilson: Stated objective in the CIP is conformity of the neighborhood because we have pieces
of curb on both sides of the street, sections of sidewalk to make a continuous sidewalk from West
Market to Old Waterford, which is at the Ida Lee property, and to connect the pieces or sections of
curb on the east side for the control of underground stormwater retention.
Council Member Bagdasarian: Thank you.
Mayor Burk: Ms. Nacy?
Council Member Nacy: I was going to ask that same question. I'm just looking at Google Maps right
now of the road. Just noticing. I see what you mean. When you get further down the road, there is a
sidewalk in front of Heritage Hall. Is there any reason why we need to do the curb? Because the
sidewalk's on the other side, is there any reason other than just conformity that we couldn't leave it
that way because it is lovely, and I'd hate to replace that with concrete?
Keith Wilson: Unfortunately, if we put a curb down to the wall, then the curb ends, so there's no
place for that water to go. It would just spill everywhere. The curb is for the continuity of the
continuation of the collection of the water and transporting hit to an underground collection system, a
slot drain to take it to an underground pipe. Once you put a break in the curb, that's why the concrete
aprons are raised so that it creates a barrier for the water to be able to travel down the side of the
road.
Council Member Nacy: Thank you.
Mayor Burk: Mr. Cummings?
Council Member Cummings: On that, Keith, in that comment you just made about the stormwater,
where is the slot for the water to go down into the system located?
Keith Wilson: There's proposed on this one just to the north of his property, there will be an 18 -inch
underground pipe that will be underneath the curb for the collection of the water, and it will carry it
towards West Market Street.
Council Member Cummings: Those of us directionally challenged North is?
Keith Wilson: North is towards Heritage Hall. Leesburg Heritage Hall.
Page 161November 14, 2023
Council Member Cummings: On the otherside of the fence, is that what you're saying? I can't
because Heritage Hall is? I think we should have taken a field trip.
Keith Wilson: This is the Heritage Hall property. This is approximately the storm drain. All the
property here drains towards Old Waterford. The water here drains towards West Market, so there will
be a curb along the side of the roadway to catch the water, put it into an underground collection
system that will tie into a pipe approximately this location, which then takes it underneath West Market
Street over to Town Branch.
Council Member Cummings: Thank you.
Mayor Burk: Council Member Cimino -Johnson?
Council Cimino -Johnson: Yes. My question is for the property owner, Mr. Pillor.
David Pillor: Please.
Council Member Cimino -Johnson: Is there any circumstance where you would sign off on this?
David Pillor: Yes, if I have no support, at this level for maintaining the historic preservation goals that
I have, it's honestly not about the money for me. It's trying to swing the bat to maintain what I think is
a beautiful part of this historic part of Leesburg and not turning it into Ashburn for the benefit of my
neighbors. I'd like to sit down with somebody and I'm sure we can come to an agreement on price.
To make a point, I'm willing to pay the Town $50,000 not to do this curb of my money. I'll put my
money where am at. I want to protect this. I want to preserve this. That's it. I know I can't do that, but
that's a proposal I'll just throw out. No. There is a way to do it, I'm sure. I'm not a developer by the
way, either. I'm not a land developer. I'm just a owner.
Mayor Burk: You are developing across the street, aren't you? The houses across the street?
David Pillor: I have a professional doing that. A builder, not me, not across the street. It's further up.
It's just parcel close to where the square is.
Mayor Burk: I do travel this road quite often and I understand.
David Pillor: I heard earlier your son lives there. I am pleased to hear that.
Mayor Burk: He lives on Williams Drive. Yes. Your property is very attractive. It's beautiful.
David Pillor: Well just stop in.
Mayor Burk: The fence is lovely.
David Pillor: You should see the rest of it.
Mayor Burk: Oh, I'm sure. The one thing that strikes me when I do drive on that road is it is very
discombobulated. You've got sidewalks on one side, sidewalk over here, we've got some. It really is
very discombobulated. The whole idea of the curb, I understand it's the stormwater issue that once
you do something on one side.
David Pillor: There's no stormwater problem.
Mayor Burk: My son's right in the middle of the stormwater with your project because he's got the
drain in his backyard. We have a lot of --
David Pillor: That's someone else.
Renee Pillor: Oh, that's not ours.
Page 17INovember 14, 2023
David Pillor: We're on the other side. We're in the Historic District. We're trying to do something in
the Historic District.
Renee Pillor: We're on the [inaudible].
Mayor Burk: Oh, okay. Interesting.
David Pillor: There's a big parcel of empty land that you'll go by. The closest curve on our side of the
road is all the way up, Heritage Hallway. It's up in the other side.
Mayor Burk: I understand now where you are.
David Pillor: It's not in the Historic District.
Mayor Burk: You're in that big lot that was going to be a nursing home.
David Pillor: Correct. That's it.
Mayor Burk: I'm not so mad at you because the other side isn't-- [laughter] I'm only kidding. I'm not
mad at you at all. The thing that strikes me, as I've said, is that it's very discombobulated. I would
think that it doesn't look well for you because it is so discombobulated and a piece here and a piece
there and a piece here that to have it all doing.
David Pillor: Well, certainly if you go all the way down.
Mayor Burk: The sidewalk is very much needed. It is very much needed. To have that and then have
the impact across the street with having the sidewalk and the curb, the stormwater is now going to
impact you across the street. If you don't have that curb, you don't know exactly yet what's going to
happen.
David Pillor: We only have a curb across the street. We only have storm grains across the street.
There is no stormwater problem anywhere here.
Mayor Burk: There isn't now. Once that sidewalk goes --
David Pillor: Oh, once? You're going to create one.
Mayor Burk: That's what I'm saying. The sidewalk is going in. It is needed. It is demanded by the
public.
David Pillor: I have no doubt that when you wrap curb along that entire street, new apron, and all
these driveways, all that water is going to be a problem. You have to find a solution for it. It does
make this to that.
Mayor Burk: Also, across the street from you, when I go to pick up my grandson-- I'm giving you all
the history here, when I go to pick up my grandson, there's a huge puddle right there right on Williams
Drive. Every time it rains, every time it-- It's not far from your house. It's kitty corner to your house.
There is issues there now, and the sidewalk will alleviate some of the drainage issues there.
David Pillor: The sidewalk already exists there.
Mayor Burk: I know it does, but I'm saying that it ends up making the other side, you end up making it
so that there's a huge puddle there. Every time it rains, it causes a problem. I understand what you're
saying, and I really appreciate the fact that you love where you live and what it looks like. But we also
have to think about the rest of the neighbors who have all agreed at this point. I'm not sure.
David Pillor: I have no doubt they have. That's why I say I think the train left the station, the horse is
out of the barn. I think by the time I got here, it's way too late. I just wanted to express what my
thoughts were at this level. I'm open to-- I'm not a pig. It's not about the money for me. First of all, I
Page 181November 14, 2023
think the price is ridiculous. My legal counsel says, "Oh, well, this is not right." You notice I didn't bring
any of them with me. I don't need them to proceed.
Mayor Burk: All right. Well, thank you very much. We do appreciate you coming forward.
David Pillor: Thank you.
Mayor Burk: We do appreciate the fact -
David Pillor: I hope you don't condemn this land. Thanks.
Renee Pillor: I didn't [inaudible].
Mayor Burk: Your time is up. I don't want to get to that point. Sure. Vice Mayor?
Vice Mayor Steinberg: Okay, thank you. I fully appreciate the property owner's desires and
concerns. I'm going to offer a little context because I did what they did, but in reverse. I spent 30 -
some -odd years out south of Bluemont in a very rural area and fully appreciate the rural nature of the
County and all that it has to offer. I moved to Leesburg, which is a Town. Now, where I live, it's one of
the older, if not the oldest, small subdivisions, and we faced a similar situation some years ago, where
we had no curbs and gutters. All the water was controlled by swales, but the Town felt it was in their
best interest to come in and install sidewalks and curbs on one side and curbs on the other.
Low and behold, some 8 or 10 years later, it's a very nice project and it does exactly what it does from
mechanical aspect in terms of controlling stormwater, which is certainly one of the Town's
responsibilities.
Sometimes change is hard, and I appreciate preserving the beauty of what we have, but I also know
that there are certain realities to living in Town and the responsibilities that we have. I have to support
this proposal. Again, I appreciate the property owner's comments and concerns. I believe we need to
move forward. Thank you.
Mayor Burk: Council Member Wilt?
Council Member Wilt: Yes, there's a couple of other questions for Keith on the project. Someone
was brought up about Market Street having a curb and sidewalk on the one side and nothing on the
other. I've been down there tens of thousands of times, and it's so attractive, I never actually noticed
that condition, but it does exist. I'm hearing the discussion on Morven Park, so it would have been
useful to have actually a rendering as part of the presentation of what we intend to do. I'm trying to get
this in my mind on the west side of the street we're adding a curb and a sidewalk. Is that correct? On
the east side of the street, a curb.
Keith Wilson: A curb for the entire length.
Council Member Wilt: Right.
Keith Wilson: Yes.
Council Member Wilt: The purpose of the curb on the side of the street is for stormwater
management?
Keith Wilson: Is to tie into the existing sections of curb and for stormwater management purposes.
Council Member Wilt: On the Market Street where we have no curb on the south side of the street,
and we have curb, sidewalk, and stormwater only on the north side of the street, how do we manage
that?
Keith Wilson: One large section of that is a open space parcel. There is along portions of it a ditch.
Where the homes are, there is a large, grate top inlet on that side. The wall is set back much further
Page 191November 14, 2023
about from the edge of the pavement. Two, there's a brick wall along that small residential
subdivision. It's about eight feet. In there, there's a grate inlet that catches the water that goes along
the ditches on the side of the road.
Council Member Wilt: Okay. Is that solution not feasible in this application?
Keith Wilson: It would not be feasible because there's not enough room to put an open ditch. There
would have to be a V ditch to collect the water.
Council Member Wilt: Okay. What's the problem with that solution?
Keith Wilson: Typically, in a urban situation, you want to try to get away from ditches that vehicles
get stuck in. The curb is much cleaner and uniformity of transportation of the stormwater.
Renee LaFollette: It was down to a space issue on Morven Park Road for the space for a ditch and
the space that.we need to have from the edge of pavement over. When design was done on this
project, there were numerous surveys that were sent out to all of the residents to determine how they
wanted this street to look at the time we started design. The uniformity of the project was a high
category of all of the residents at that time.
Council Member Wilt: Okay. I guess uniformity can go either direction, either all curb or all non -curb.
Renee LaFollette: Correct.
Council Member Wilt: Which is uniformity curb.
Renee LaFollette: Yes. Space has a lot to do with that with storm drainage collection.
Council Member Wilt: Okay. Thank you.
Mayor Burk: All right. Is there anybody else from the audience that would like to speak that didn't get
a chance to speak at this point? No one. Then I will close the public hearing. Is there a motion that
anybody would like to make at this point?
Vice Mayor Steinberg: I will.
Mayor Burk: Yes, sir.
Vice Mayor Steinberg: I move to approve the proposed resolution authorizing the acquisition by
condemnation of right away dedication and easement for public use for construction of the Morven
Park Road sidewalk project.
Mayor Burk: Is there a second?
Council Member Cummings: Second.
Mayor Burk: Seconded by Council Member Cummings. Any more discussion at this point? All in
favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed.
Members: Nay.
Mayor Burk: Mr. Bagdasarian, Ms. Nacy, Mr. Wilt, and Mr. Cimino -Johnson. This fails. I'm not sure
what you're going to do at this point. I guess you'll have to go back to the drawing board. Renee, what
happens at this point then?
Page 201November 14, 2023
Renee LaFollette: The project is at 100% design. The design funds are expended. We designed the
project in accordance with what the residents told us they wanted on the project which was the
sidewalk on the west side, a uniform look for curb and gutter on the project. That is what we designed
with the project to. The storm drainage needs for this section of the project, we need to have the curb
and gutter there because we do not have the space for a ditch section. If we do not want to condemn
this property, we can continue to try and negotiate with the property owner. In my professional
opinion, the design that we have is the best design for this section of roadway. If we reach an
impasse with this one property owner, the project cannot move forward.
Mayor Burk: Could you do the properties so that you had gutter on the one side for every place but
their place?
Renee LaFollette: Then they would get all of the stormwater coming down that section of the
roadway between the inlet to their property. That would be an adverse impact to their property
because they would be taking right of way drainage to their property and that's where it would sit and
create an issue along the frontage of that property.
Mayor Burk: If we do not approve this, then that whole project is dead? That whole project.
Renee LaFollette: I wouldn't say it's completely dead.
Kaj Dentler: Yes. I wouldn't say it- Madam Mayor. I wouldn't say it's dead. It's going to be delayed.
Renee LaFollette: It will be further delayed.
Kaj Dentler: We are ready to go to bid here in the winter with construction planned for the spring -
Renee LaFollette: Spring.
Kaj Dentler: -early summer. It will definitely be delayed. This project is probably 8-10 years.
Mayor Burk: Oh, my gosh. [crosstalk]. Yes. At least.
Renee LaFollette: 10 years, at least.
Kaj Dentler: It will be delayed until the engineers, and Keith can reach a solution with the property
owners. We cannot tell you when this may or may not be resolved.
Mayor Burk: It could be held up for another 10 years?
Renee LaFollette: It's unknown. It will be additional design dollars to do so.
Mayor Burk: I was going to say that. What is the additional cost associated with making that change?
Renee LaFollette: That I do not know.
Mayor Burk: [inaudible].
Renee LaFollette: I would have to talk with our engineers and find out what that additional cost would
be.
Mayor Burk: All right. How much has been spent on it so far?
Renee Lafollette: I don't know those numbers right off the top of my head. It is a fairly expensive
design on this.
Mayor Burk: All right. Well, when the people come back from the neighborhood.
Page 21 (November 14, 2023
Kaj Dentler: Madam Mayor and Council, once Renee and her team, and Keith can meet with the
property owner to discuss further potential solutions, we'll give you a report on what that impact is. We
can assure you, if nothing is quickly resolved, this project will not move forward in probably 2024. At
the earliest 20-- in the fall but that is highly unlikely. It's probably delayed at least a year. We'll be back
and we'll communicate to you.
Mayor Burk: All right.
Town Manager Kaj Dentler: Thank you.
Mayor Burk: Will it also be explained to the neighbors why the sidewalk is being delayed?
Renee Lafollette: Yes.
Mayor Burk: That the sidewalk is being delayed?
Renee LaFollette: Yes.
Mayor Burk: That's one of the major things that I hear about is the need for a sidewalk on that road.
Renee LaFollette: As do we.
Mayor Burk: Okay. All right.
Council Member Bagdasarian: Can I make a comment?
Mayor Burk: No. [laughs]
Council Member Bagdasarian: Okay. I'll save it then. I'll save it.
Mayor Burk: We have a third public hearing, and that is the Town Code Amendment to Chapter 34.1.
Article I and II of Section 34 of the Appendix B Fee Schedule. I will call to order this November 14th,
2023, public hearing of the Leesburg Town Council, unless there's an objection, I will dispense with
the reading of the advertisement. If you wish to speak, we ask that you either sign up on the sheet in
the hallway, outside of the Council Chamber. But if you did not get the opportunity to sign up, we will
give you the opportunity to speak. In the interest of fairness, we also ask that you observe the five-
minute time limit. The green light in front of you will turn yellow at the end of four minutes indicating
that you have one minute remaining. At that time, we would appreciate your summing up, yielding the
floor when the bell indicates your time is expired.
Under the rules of orders adopted by this Council, the five-minute time limit applies to all citizens.
However, rather than have numerous citizens present remarks on behalf of the group, the Council will
allow a spokesperson for the group a few extra minutes. In that instance, we would ask speakers
when they sign up to indicate their status as spokesperson, the group they represent, and the request
for additional time.
Our procedure for the public hearing is as follows. First, there is a presentation by the consultant
about the item before us. Second, there will be a brief presentation by staff. Third, members of the
public that have signed up to speak will be called and be given five minutes to make their comments.
The public hearing item on the agenda tonight is for Town Code Amendment 34.1. Chapter 34.1,
Utilities, Article I and II, and Section 34.1 of Appendix B Fee Schedule. The staff has asked for 30
minutes. Does anybody have any problems with the presentation taking 30 minutes? I do, but I'm
vastly outnumbered. We will move forward on this. Yes? You're going to [inaudible].
Mike Meger: Good evening. I promise I won't attempt to draw on the screen. I saw how that went. I
am Mike Meger. I'm a partner with NewGen Strategies & Solutions out of Annapolis. I have a brief
presentation. I think I'll be faster than 30 minutes, and then Amy will also discuss some of her points.
The agenda, I know it looks a lot, but a lot of these are just one slide. We'II go over the guiding
principles for the water and sewer rate study, some of the drivers for utility rate increases. What goes
Page 22INovember 14, 2023
into increasing water and sewer rates? What are the impacts for that? The revenue requirements,
that's just a fancy term for the revenue required to be collected. It's just the cost of the system.
We'II look at two financial metrics. That's both days, cash on hand, which is your cash balance for the
water and sewer utility, and then debt service coverage, so how much revenues you have available to
cover debt service payments. We'll then look at what your current rates are, proposed rates over the
next five years. We always say customers don't really care what their rates are, they want to know
what their bills going to be. Well actually look at some sample bills, comparison to some surrounding
utilities, both regional and local. Then availability fees, which is the charge for new customers, and
then our recommendations.
Just the high-level guiding principles and objectives, some industry best practices. As you know, the
water and sewer fund is an enterprise fund, so therefore, it should be financially, self-supporting, it
should not be subsidized by the general fund. If it needs to pay back things like finance ITHR, that's
certainly acceptable, but it shouldn't receive any subsidies one way or the other.
The utilities should maintain reserves, provide for contingencies, unplanned expenses, and then water
and sewer rates should adequately cover the cost of service, and repair, renewal, replacement of
assets. Our objective for the study along with staff and management, was ensure rates are stable
through sound financial management, system maintenance. We do that by reviewing the funds to
maintain financial stability and then preparing a long-term financial plan.
Some of the drivers for utility rate increases. We broke this into operating expenses, which are really
driven by economics and have you seen the inflationary environment we've experienced the past few
years, then capital projects predominantly at the water pollution control facility, which just again, is a
term for the wastewater plant. Operating expenses, things like staffing changes, some additional staff
are being brought on over the next couple of years. We've seen electricity costs rise greatly over the
past few years. Same thing with chemical costs, and then of course, supply chain delays from COVID
and what those have continued.
Moving to the capital projects, again, this is predominantly on the wastewater side, not on the water
side. I think staff presented some of this on the state of utility a few weeks ago. These are all
regulatory compliance, so nutrient removal improvements, additional solids processing of the plant.
I'm sure you've heard a lot of the forever chemicals, so PFAS, PFOA, EPA is providing guidance on
those, which many utilities are going to have to comply with.
We looked at three financial sustainability targets. The first one being the 3R Reserve. 3R is a repair,
renewal, replacement reserve. That's for the renewal of the pipes in the ground, the buried assets,
anything that might go wrong in terms of the assets. Our target is to eventually have a 2% of system
value replacement, so that's a roughly 50 -year useful life. The pipe should last 70, 80 depending on
the material when they were installed, soil conditions, things like that. Some of your buildings aren't
going to last quite as long, but trying to get to a best practice there, 50 -year useful life.
Utilities fund cash balance, and again, this is a recommendation of your financial advisor. A target of
270 days of operating expenses. Roughly, three quarters of a year's worth of operating expenses
maintained in a rainy -day fund or operating cash balance. That will certainly help maintain your
highest credit ratings, which you're maintaining right now with three rating agencies. Same thing with
debt service coverage, as I mentioned, this is how much revenue you have above and beyond. After
you subtract operating expenses, how much revenue you have to pay for debt service. Again, this
would help maintain your credit ratings.
This touches, again, on just the assumptions and some of the impacts to rates. We've met with staff
several times in -person, probably over a dozen teams meetings, so I do appreciate their assistance,
staff and management, both in Finance, Utilities. They've given us the budget, we've built the financial
model in Excel, we've put in several historically years of budget actuals, and then we have a 10 -year
financial forecast on the model. We're recommending five years increase today. Miscellaneous
revenues also have an impact, I think Amy's going to touch on some of that later. Customer accounts
and usage will have an impact as well. Anything you can get in terms of additional usage or
customers is less you need from a rate increase. I mentioned the revenue requirement. This is just
the cost of the system. At the base there we have our operating maintenance expenses. This is
Page 23iNovember 14, 2023
materials, salaries, ongoing expenses year over year. We add on top of that any outstanding debt, so
any current principal and interest payments you're making now, then if you have any capital projects,
they're going to be debt funded. That would be added to the outstanding debt. Capital projects, they
can either be cash -funded, reserve -funded, ideally grant -funded will be the best, but we know grants
are few and far between.
A majority bond funded is just to match the extended life of those assets. We call this
intergenerational equity so that future customers help pay for the assets through their life. Then those
contributions to reserves that I mentioned. We add all that up, we less out any miscellaneous
revenues and that's what we need to collect from customers.
I mentioned availability fees earlier. Again, the industry term is a system development charge. These
are only charged in new customers. Once they become an existing customer, they would then start
paying user rates. The availability fees are typically born by the developer who will then pass it
through to the homeowner, if they're able to do that. The relationship between the two, we have our
operating expenses, again, our day-to-day expenses. Those have to come from user rates, they can't
be paid through availability fees.
Now, capital expenses, they can either be non -growth related, so they're not expanding capacity or
expanding the system. We call those maintenance -related. Then we have system expansion capital.
Those are really growing the system, expanding the plant, upsizing, large mains, things like that. The
non -growth ones can either be cash or debt -funded, and then they should come from user rates. Then
the growth -related expenses can also either be cash or debt -funded but should really come from
availability fees. This is a policy of growth pace for growth.
There is a caveat here, if availability fees are set at less than the cost of that capacity or anticipated
growth does not occur, then existing customers would've to make up that difference through the user
rates. This shows the revenue requirements, these colored column bars. The blue is expenses. Our
current year right now FY24 and then the next five years you can see how those are gradually
increasing. The operating expenses in blue, add on top of that current debt service. That's principal
and interest payments that need to be paid today. On top of that we have some purple in there. That's
just some new debt service.
Then we're looking at really two, we've got some bonded debt service, so long-term debt. Then we've
got a line of credit where we call bond anticipation notes. We do this short-term line of credit and then
we roll that into a long-term bond. Those are just two different colors here, the purple and the dark
green. On top of that we have the reserve contribution. I mentioned that 3R Reserve, just slowly
incremental, increases to that until we get to that 2%. Then the last one being that light green is cash
funding of capital projects. That horizontal light blue line going across is about how much revenue
you're bringing in today.
You can see it's roughly covering your operating expenses and your current debt, the blue and the
red, but it does not cover any future capital, future bond issues and things of that nature. The dark
blue line sloping upward to the right, that is our recommended proposed revenue based on the
recommended increases to the water and sewer utility fund. You'll see even that one does not exceed
the costs because in order to help mitigate the customer impact, we're actually using some cash in
addition to rate increases. We're not putting it all on the backs on the customers.
Speaking of cash, this is the utility cash balance. Again, these blue bars, FY25 is your projected cash
balance combined for the utility and you can see as that's dropping, we are using some cash there to
mitigate the rate increases. The bottom red line, I believe is your minimum cash on hand target right
now of 90 days. The green is the target cash on hand from your financial advisor recommendation.
We are above that. If the blue is above that line, we're meeting that target. You can see we're using
cash over time, but we'll still be above the target.
Then on debt service coverage, the other financial metric we looked at-- again, this is for example,
you'll see the 1.5. That means your revenues are 1.5 times higher than your debt service is what that
means. Here the target is that green line, the 1.5. We're not meeting it in 2025, but we are then
meeting it in the future years, and we maintain that through the five-year plan. The proposed line that I
showed before, that dark blue one sloping upward, hit into a median customer. That's about a 4.1%
Page 24INovember 14, 2023
increase on their bill. The average of the water and sewer increase over the next five years. That's
roughly what that customer would see on a quarterly basis. We have an actual impact of what that
means in dollars. This very busy table puts everything on one slide for just water. This is your current
fee structure rate design. I'll try to walk through this. Your first upper left here are the fixed charges.
This is regardless of how much water you use, you must pay these fixed charges quarterly. They vary
by meter size and by class.
If you're residential you pay a different charge than commercial. Majority of your customers are the
5/8 -inch, '/-inch residential. That 30.82 is what majority of your current residential customers pay.
Then commercial and there's going to be a larger meter sizes, pay incrementally higher. These really
tie to what America Waterworks Association, that's the industry standard in the water industry
recommends for how much capacity can go through the meter. So incremental charges there.
You also have an account charge. This is an account that's charged on every bill. That's either if you
have a water and sewer bill, you pay it once. If you have just a water bill or just a sewer bill, you would
pay it once. The majority of customers are going to have a water and sewer bill. Then we have the
service rates, and these are the volumetric charges. Residential as we call it, tier rate structure. This
helps promote conservation. The more you use, the more you pay. Whereas commercial, their kind of
bottom -line incentive is to keep rates low. They have one unit rate for all usage. Then you have
irrigation and cooling tone customers.
If you look at these, you'll notice that for FY25 some of the rates are changing slightly but other than
that, they're staying the same for water. We're doing a right sizing here where a lot of the costs are
really seeing our sewer based or wastewater based. Waters aren't really being touched other than
some uniformity in the equivalents. Then we are increasing that account charge, I think it's about
2.5% per year. That really covers customer service billing, things like that.
Note at the bottom, you also have outside Town charges which are about 1.41 times inside. You also
have some discounted customers. I think there's some elderly rates. There's some housing voucher
customers. They pay about 75% or 25% discount. Going over to sewer. Again, similar structure with
the fixed charges by meter size. Here you can see all residential pays the same charge. Commercial
has that graduated charge. Residential is just 0 to 36,000. And then the sewage is capped to
recognize that not all the water goes into the sewer system. Then again, a commercial fixed charge
and then you have a commercial of private water. Then here the outside Town charges are 1.5 times
in Town.
Here's the actual impact in dollars on a-- Again, the median customer uses about 12,000 gallons, so
about half of your residential customers use below 12,000, half use above. Their bill today, water and
sewer combined is about $245 per quarter. That would go up to $255, $266, $278. So roughly a $10
increase per quarter in '25, $11 in '26, and so on. Then again, taking that same customer and looking
at their bill regionally, you can see Leesburg is about the middle of the park here. You can see the
current bill in the darker colors here, dark blue, blue being water, green being sewer and then the total
will be in that far right. With the increase you'd stay about the middle of the park. Again, we don't
know what other utilities are going to charge. This is not including any their increases.
Then moving locally to the County and surrounding towns in the County, you're actually lower to the
bottom and then you'd just be above Hamilton. Excuse me. I mentioned availability fees. Again, these
are new customer charges. These really offset the capital cost of your backbone infrastructure, your
treatment plants, your major interceptors, pumping stations, things like that. Unfortunately, you can't
charge this based on how much revenue you need to collect in the year. It's based on the cost and
capacity. We look at your fixed assets, we look in the buying cost and we come up with that charge.
Looking at it, water seems to be set about adequately or appropriately right now. We're not
recommending increasing that, but sewer could actually go up based on the cost of capacity and all
the capital projects you're undertaking, so we're recommending a gradual increase to that about 10%
per year. These charges are calculated per gallon per day. Different customer classes are so many
gallons per day minimum is what they would pay as a one-time charge. Our recommendations are to
adopt the proposed water and sewer charges for the next five years, as well as the proposed sewer
availability fees. We recommend, we're giving the Town a model that they can use to forecast so take
your budget numbers or replace those with actuals when you have them and really monitor that year
Page 251November 14, 2023
over year. Then you really don't need a full rate study, till maybe every three to five years. With that,
I'll take any questions.
Mayor Burk: Thank you. Any questions on this item? Council Member Cummings? You're on.
Council Member Cummings: Thank you. I had a quick question on the-- sorry, my notes for both
Amy's and this presentation. Wanted to focus on the 270 days cash on hand and the one and a half
times revenue, those numbers. I'm assuming that you work with other municipalities and other water
utility funds across the Commonwealth. Keeping 270 cash on hand in the one and a half times
revenue, where does that put us comparatively with other utility funds?
Mike Meger: I'll give my knowledge about it and we also do have FA here, so he can also provide
some of that. Rating agencies come out with these median reports. They won't say you must have
this to get AAA, but they will say, of those who have AAA, this is what they have in terms of these
metrics. Also, American Water Association comes out with an annual performance indicator report,
and it's across the country. You can look regionally size -wise, but they will say those who are in the
25th percentile, the top quartile, they have 400 days cash, so they will give you a guidance on that.
Specifically in Virginia, I can't tell, this would be prudent financial metrics, I would say that. A lot of
time your bond covenant will have a minimum in there, so I think it might be the 1.25. The 1.5 would
be a prudent goal above and beyond that.
Mayor Burk: Did you have something you wanted to add?
Mike Meger: Sure.
Courtney Rogers: Hi, Courtney Rogers with Davenport & Company's financial advisor. To add to
what Mike was saying, I want to go back to the slides where he had the graphics. Let's start with the
days cash on hand. One of the things we look at, I'll give you an example, working with Loudoun
Water, Loudoun keeps their goal is actually two to three times their revenues, which is a very large
number because they are growing so much. Obviously, you're not growing quite as fast. We were
hesitant to go all the way up to a full year at 360, 365, but felt like 270 was a good number based on
some of the rating metrics that Mike is alluding to. 90 days, 180 days is pretty thin for a growth
community. If something, if growth slowed, if we hit a recession, you still have projects that have got
to get done and so you want to make sure you've got some cash to be able to take care of that, which
is one of the reasons why we keep it up there.
Council Member Cummings: The 90 days and the one and a quarter, I think, is that codified? Is that
what we want to remain at?
Mike Meger: I don't know if it's informal or formal.
Courtney Rogers: It's informal right now, right? This was a discussion we have with staff. I don't think
we've actually proposed that, right?
Cole Fazenbaker: Yes. In our fiscal policy that we put in the budget each year, we have basically the
1.25 and the 90 -day in there, but the target isn't codified. It's the bare minimum that we're talking
about. The red line is in there, same with the other metric that we had with the 3R reserve to have.
Council Member Cummings: Sure.
Cole Fazenbaker: Basically that 2% in there.
Council Member Cummings: Would it be prudent to adjust the budget to that one and a half and
270?
Cole Fazenbaker: Yes, and let me correct myself, the 1.25, that's the only metric that isn't in the fiscal
policy. That is a recommendation that we will actually put that into the fiscal policy. It's been in, as
Mike alluded to in the past, when we had revenue bonds, it was always end of bond covenants that
we had to meet the 1.25 coverage. Now that we were double bear, when the general fund is basically
Page 261November 14, 2023
supporting the GO bonds for the utilities fund as well, we don't have those revenue bond covenants,
but that's been our internal practice of the 1.25. Talking to our financial advisors that are saying Triple,
Triple A communities really have at least 1.5 coverage after debt service in order to meet debt service
in the future.
Courtney Rogers: Actually, I'll even go so far as actually two times is really what they're looking for.
That's where Loudoun is, they shoot for two times coverage to keep their AAA because they are a
revenue bond AAA. Whereas as Cole's alluding to, we have the backing of the general fund as a
backstop, so it's what we call double barrel credit. Our intention is to use revenues from the system to
pay for it, but as a guiding practice, what we want to make sure is this is self-supporting, that the utility
system is self-supporting so that we never have to get to the general fund. Because then that's going
to impact our AAA on the general obligation side.
Again, so the rating agencies are going to look for a two times for AAA, we thought 1.5 would be a
good point for at least setting a budget that Mike was working on. If we're shooting for 1.25, we may
end up at 1.25 and you'll see there in 2025, we actually are below that 1.5, which starts to get us a
little nervous because it doesn't take but a quick slowdown or a year in which either dry or wet where
you don't get as many revenues, then all of a sudden you can find yourself in trouble.
Council Member Cummings: Okay. Thank you. Then you mentioned using some cash put into the
system to help the rates a little bit lower. Can you give me the amount of cash and a follow-up to that,
is there any concern with replenishing that cash in the future?
Mike Meger: Yes, so this slide that Courtney alluded to, this is projecting next year FY 25. You see
35 million is what we're at and you're above the 270 days there, so we figured as long as we could
stay above the 270 days, let's use some of that cash so we don't have to do such a high rate
increase. Yes.
Courtney Rogers: If I could, Mike, going back to the previous slide. Sorry, [inaudible]. When we
look at coverage, the one thing that you think about, you're like, if we're shooting it and we hit that
150, we're going to get 50% more revenues than we really need, but where does that money go?
Well, it goes back to that fund balance, which in turn we're going to drive into capital, which in turn
means we don't have to borrow as much money. If things are all working together, then we're putting
cash back into the system without having to go out and borrow and add to the interest and add to
coverage and things like that, so it's a delicate balance.
Council Member Cummings: Got you. Thanks. My final question, and I promise it is, the account
charge of per bill that starts at 10.08 and goes to I think 11.40 in fiscal year 2029, what does that, and
Amy may have to help, what is that account charge for? What's the purpose?
Mike Meger: That covers everything to issue a bill, so the customer service staff, the billing costs,
postage, things like that. It's something that doesn't vary with volume of usage. It doesn't vary with
debt service or anything like that. It's really just to answer phone calls and things like that.
Council Member Cummings: Okay. Thanks.
Mayor Burk: Ms. Nacy.
Council Member Nacy: Thank you. Council Member Cummings just asked this, but I wasn't clear on
the amount. Could you just share with me how much is in our surplus fund balance and how much of
that cash is going to be used to mitigate keeping the rate lower?
Mike Meger: All right, so that goes back to this slide. I don't have the FY 2024 in here, but we're
projecting it would be 35 million for the next fiscal year. Then as you can see, that gets down to about
25 million by FY 29, so just as long as we're still maintaining above that 270 days, then we're meeting
that metric. We're using about, I guess, 10 million over five years.
Council Member Nacy: Okay. Thank you.
Mayor Burk: Mr. Wilt.
Page 27INovember 14, 2023
Council Member Wilt: Thanks. I'm trying to associate a couple of the slides in the 5/8 inch meter and
the average bills, so slide 12 and slide 15. We're saying we're going to have a consistent 4.1%
increase year on year, and I'm trying to find that in slide 15. Can you connect that for me?
Mike Meger: Yes, so essentially if you include the water account charge, the water increase, it's
about a 0.2% increase each year, and sewer is about an 8% increase. The average of those two is
4.1, but if you took out your calculator and did the math in this combined bill and you were measuring
that, it ranges from 4.2 to 4.7 by the fifth year.
Council Member Wilt: Right. That's what I don't understand. 4.2 to almost 4.8 versus 4.1. I'm not
sure what we're [crosstalk]
Mike Meger: I guess the 4.2 is more of a weighted percentage increase, right? Because it's when you
combine the bill together, if you just had water, you would see a 0.2% increase. If you're a water -only
customer, which there aren't a lot of those. If you were just a sewer -only customer, you're seeing
about 8% increase. The majority of your customers are combined customers. On a combined bill, you
would be the 4.2 to 4.7 over the five years.
Council Member Wilt: What's 4.1?
Mike Meger: That's the 0.2. The average of 0.2 and 8 if you just took the percentage isn't an average.
Council Member Wilt: [chuckles] In real terms our customer's going to see 4.2% to 4.8% increase on
their bills?
Mike Meger: For the median customers. It's going to change based-- Yes. The typical customer, yes.
Council Member Wilt: I just found that 4.1 a little bit maybe misleading.
Mike Meger: If you're taking your bill and you compare it and you use this amount, yes.
Council Member Wilt: Okay. All right. Thank you.
Mike Meger: Council Member Cimino -Johnson.
Council Member Cimino -Johnson: Thank you. Thank you for your presentation. My first question is
what is the inflation rate for utility systems? Because we have the CPI, that's consumers, right? What
is the inflation rate for just utility systems like this?
Mike Meger: There's an actual water and sewer component to the CPIU and what they do is they
look at the largest utilities across the country and it's really how much has that bill increase for those --
The past 20 years it's been about a 5% increase year over year. Whereas the CPI over the past 20
years have been about 2.5%, 3%. The increase to water and sewer is a real thing and it's been
exceeding both the CPI overall and it's been exceeding MHI increases.
Council Member Cimino -Johnson: Right. Ok. One thing I don't see on here is history of cash on
hand reserves, debt service. Do we have that information?
Mike Meger: In the model we put several years of history for operating expenses, revenues. We don't
have historical capital because that's every five years, things change, as we've seen in the past few
years. Staff may have that history because they have an older model that you could probably look at
for that. They're also tracking all their financial performance and things like that.
Council Member Cimino -Johnson: For history, days cash on hand, you're asking us to make it 270
or keep it at 270, but what has it been? Because we have the highest bond rating, right?
Mike Meger: The highest what? I'm sorry?
Council Member Cimino -Johnson: The highest bond rating. We haven't been downgraded, right?
Page 28INovember 14, 2023
Cole Fazenbaker: Correct. It's been much higher than 270 in the past. It's been over a year, but
when we're-- Really why it's going down is because we're looking at all of our CIP projects. In a
perfect world, we spend 100% of our budget, nothing gets delayed. We're saying most conservative
case, this is going to be our cash on hand. In reality, most likely it's always going to be a little bit
higher. Hopefully we always over -perform, more revenues come in and we expend. We have savings.
Historically, it's always been well over 270.
Council Member Cimino -Johnson: Then this might be a question for you as well. If we do hit a
recession, what percent of people do not pay their bills or can't pay their bills?
Cole Fazenbaker: Do you have any figures, Amy?
Amy Wyks: I don't have any figures off top of my head.
Council Member Cimino -Johnson: The way it was presented like we're going to be in dire straits,
but we're a monopoly. They can't go anywhere else. They have to pay their bills, right? Eventually, we
come due. How is that playing into this? That's what I'm trying to get at.
Mike Meger: It depends on the demographics of the community. I'd say probably about 1-1.5%
delinquency or non-payment rate is fairly typical. Obviously, in more disadvantaged communities, it
might be higher, 5%. Baltimore's is much higher. You have some levers I suppose. You have the
water shutoff availability. If somebody doesn't pay bill, eventually you have the lien option. There are
some things you can do to-- If it gets to that point, you have payment plans.
Cole Fazenbaker: One thing about if there ever is a recession, some of our revenues are generated
from development availability fees. That would be a revenue stream that we would see decrease if we
did go into an economic downturn. As you know, the availability fees are earmarked for our capital
projects. We would be able to maintain operating, but really our capital improvements plan would
basically get deferred if our developments slow down.
Mike Meger: We did look historically at customer growth and usage growth, and we made sure to be
conservative on that side. We're looking at about a half percent increase in customer base, and then
about a, I guess, 0.1% increase on usage. Some communities are seeing a negative, a declining
growth rate on usage because of low flow fixtures, conservation, your customers using less water, so
we're not being aggressive saying, "Oh, we're going to build all this, we're going to have all these
customers." If that does come, that certainly helps, and that's why I mentioned, you want to evaluate
this every year to see if the plan needs to change.
Council Member Cimino -Johnson: Okay. Then where are we with the 3R program? Are we on
track? Are we behind? Are we ahead?
Mike Meger: Yes, we're at 2% currently. I don't have it on me now, but I can check to see if we're
actually on the two. We're probably not because I had a little increment of additional needs to get to
2% over 10 years. It may have started like 1 %, 1.1%, 1.2%, so we get to 2% and then maintain that,
then you would not need to contribute any more to that reserve.
Amy Wyks: I think another thing with the supply chain demand and challenges as well.
Mayor Burk: Amy, I'm sorry, you're very hard to hear. Could you get-- Pull the mic closer?
Amy Wyks: With the supply chain demand and construction projects being delayed and getting
projects designed similar to what Public Works is experiencing, we're not spending at the capital 3R
replacement that you're asking of, but part of our model is getting us to that point.
Council Member Cimino -Johnson: Okay, but it's not because of money. It's because of the supply
chain has been screwed up for a couple of years.
Amy Wyks: Correct. Getting projects designed, constructed, and getting materials.
Council Member Cimino -Johnson: Okay. I think that's all I have. Thank you.
Page 291November 14, 2023
Mayor Burk: Vice Mayor.
Vice Mayor Steinberg: Thanks. I'm just trying to envision a couple of scenarios in terms of how it
affects the overall model. How does the treatment of stormwater then factor into all of this in terms of
the rate pair?
Mike Meger: I believe that's a separate utility that should not be factored in here.
Vice Mayor Steinberg: Not factored in at all.
Mike Meger: Is that correct?
Amy Wyks: Stormwater is not included within the utility fund.
Vice Mayor Steinberg: Okay, fine. Then in terms of overall usage in an extremely dry year where
people might be using considerably less water, or if you have a fairly successful conservation effort,
how do you plan for that?
Mike Meger: In a dry year, they should be using more water because they're going to be irrigating
more outdoors.
Vice Mayor Steinberg: What if you restrict irrigation?
Mike Meger: Look if we had drought restrictions, yes, you don't want to take that into account. You
looked at those tiered rates, the volumetric tiered rates, probably the higher tiers, you'd probably see
less usage in those. If you were to rerun them all at that point, the rates would probably have to go
higher if you want to make everything status quo. That's why it's good to have these reserves so we
can offset a rate stabilization, you can refer to as. In those off -years, you're not having to immediately
debt fund or run out and do an emergency rate increase, you got to have that 270 days to use as a
balance.
Vice Mayor Steinberg: Then long term, let's say you do have a particularly successful conservation
effort and people start using less water over a longer period of time. Do you start bringing this whole
model downwards, or obviously you still have to pay for the system and everything else that's
involved, so does that mean the rates go up if you have a successful conservation effort?
Mike Meger: About 80% of your costs are fixed, other than really electricity and chemicals. Those
would be affected if you don't need quite this high volume of water, but you're still going to have to
pay salaries, you're still under debt service. It's one of those things where you have a certain amount
of money you need to bring in, so sometimes you have a really successful conservation program, you
can have an effect on others.
Vice Mayor Steinberg: Just for public information, I'm looking at your charts and everything, I'm
going to assume that the treatment of water for drinking is a far less expensive proposition than the
treatment of sewage.
Mike Meger: Wastewater is usually typically more expensive.
Vice Mayor Steinberg: Okay, thank you.
Mayor Burk: Thank you very much, we appreciate all the information. All right. You have an
additional presentation.
[pause]
Amy Wyks: Good evening Madam Mayor, Vice Mayor, Members of Council. I want to speak of some
text amendments that are proposed along with the recommendations of NewGen rates. Tonight, we're
not asking for Council Action, we will be back for a public hearing again on November 28t'', which is in
two weeks. We also are scheduled on the work session on Monday the 27th in the event that Council
Page 30INovember 14, 2023
you would like us to come back and talk about anything related to this. We are available at the next
Monday and Tuesday if needed. At that meeting on November 28th is where we would request
Council approval of some text amendments to Town Code Chapter 34.1, as well as Appendix B, the
Fee Schedule with the rates Mike just spoke about and some other miscellaneous charges.
Related to the text changes, I'm not going to go over all of these, but a lot of them is just some
cleanup that we have. I'm adding some cross-references to the Appendix B. I'm giving Town Manager
authorization to develop an administrative policy related to illegal connections, miscellaneous fees.
Currently, we have one Section, 146, its water and sewer. We're breaking it into two. Water will be
146 and then sewer differentiating them in Section 242.
There's a couple of technical corrections where we say Department of Utilities when it should be
Director, so that's an example of a technical correction. In 204 and 205, we want to clarify when a
customer that's on septic needs to connect to the Town's public system. We have two new sections
that we're proposing within the text amendment. One is adding of responsibility if someone violates or
damages the Town system.
We also have a new section for automatic flushing devices. We do have some development when it's
on the outskirts of Town, maybe not having the ability to have high water quality, so related to that, as
part of the development plans, we request them to add an automatic flushing device. Most of those
right now are outside the corporate limits charged at the out -of -Town rates. We are proposing to have
that rate be at the tiered rate, lowering the rate for them because it does help us from a water quality
perspective. We're adding that new section into the Town Code.
Again, Mike just spoke about the rate study that they've completed with us, they are recommending a
five-year rate plan from Council, and with that, they're meeting the target cash on hands and the debt
service ratio that y'all just spoke about. In the Appendix B, these are the various sections that Mike
just spoke on related to fixed fees and the usage charges. We also have some additional fees that
we're proposing increases to and most of those increases are in order to cover costs, in order to roll
the truck, as well as to deter behavior.
One example is, in order to install a meter for a new project, going from $50 to $75. In the event we
disconnect or have to turn on services, increasing that from $30 to $50. After hours, going from $50 to
$100. Service charge for again establishing the water services are going from $30 to $50. Similarly,
the tampering charge increased from $50 to $100 to hopefully deter the behavior and the cross -
connection backflow and the FOG program, minimum inspection at various facilities at $50 and again,
resumption or disconnection of services going from $30 to $50.
There's a new fee schedule related to the violation that I talked about, that would be $50 plus any
Town response cost. Related to the deposit, going from a minimum of water and sewer of $75 each,
which currently the deposit is $150 going to a total of $200, $100 for water, $100 for sewer. The
delinquent account processing fee, going from $30 to $50.
Then throughout the miscellaneous fees for water and wastewater, again, we're breaking them into
146 and 242, but as you can see here, we're recommending some increases in order to cover our
costs. One example is many developers will ask for after-hours and weekend inspection services, so
that's going from $70 to $100. Again, this is related to the cost for service, as well as comparing with
our neighboring utilities being comparable with them.
I spoke about the automatic flushing device rate that we're proposing at $5.86 for those devices.
Inspection fees, again re -inspection fees, increasing those in order to roll the truck and get stuff back
out there, because re -inspection fees take them away from looking at regular inspections. Again, a
prohibition against discharging into the sewer, we're looking to eliminate illegal connections. That
would be $50 plus the Town response cost.
As I spoke about, these will look similar. This is the sewer side of the miscellaneous charges, again
giving its own separate, it's currently combined with water and we're just breaking them out into two.
That one isn't over two pages. This is the highlight related to the rate study process. As you might
remember, at the end of October, Brian and I were here in order to give the State of the Water and
Sewer Utility.
Page 31 lNovember 14, 2023
Tonight, NewGen was here to present their recommended rates, and we had the public hearing. We
will be back on Monday night, November 27th, if needed. Staff is also available in the event that you'd
like to have a meeting to talk about anything after this presentation. On November the 28th, we will be
back for a public hearing to approve the Town Code Amendments. Again, there's no action requested
tonight, and with that, we'll go to questions and answers.
Mayor Burk: All right. Thank you very much. Is there anyone who has any questions on this? All
right. You're not asking us to do anything tonight?
Kaj Dentler: No action is required.
Mayor Burk: Okay. All right. No questions. Thank you, [crosstalk]
Kaj Dentler: Madam Mayor.
Chris Spera: It's still a public hearing, Madam Mayor, so you still call for --
Mayor Burk: I know.
Chris Spera: Okay. I'm sorry. I jumped ahead of you.
Mayor Burk: [chuckles] There's no questions at this point. The public speakers, there's nobody
signed up. Is there anybody in the audience that would like to sign up that didn't get a chance to that
would like to speak to the item? Seeing nobody, I will close the public hearing. There's no action
needed for tonight, so thank you all very much for coming. We appreciate the information. We'll see
you in a couple of weeks maybe.
Kaj Dentler: Madam Mayor, just to clarify. We do have a work session scheduled for the 27th,
Monday, and the public hearing on Tuesday the 28th. Does Council want the work session? I placed it
there in case you did want it. If you do not want it, I'll take it off the agenda and we'll go straight to the
next second public hearing. We need your direction on that.
Mayor Burk: Are there four people that want to have another discussion on it on the 27th?
Kaj Dentler: 27th and then the public hearing on the 28th. It's your decision.
Mayor Burk: Let's do it one at a time. [laughs]
Kaj Dentler: Sorry.
Mayor Burk: On the 271h, is there four people that want to hear- Continue the discussion on the 27th?
Kaj Dentler: Okay. We'll remove that. Our offer for individual sessions are still available. We'II be
back on this topic for second public hearing on the 28th. Thank you.
Mayor Burk: All right. Thank you. All right. The Town Code, we got taken care of all of that. We're
done with our public hearings at this point. We are now to Council Disclosures and Comments. Let's
start with Dr. Cimino -Johnson and head down the aisle.
Council Member Cimino -Johnson: Thank you. I have a request for a-- it left my head --
proclamation. Is that where I would ask? Is this where I would ask?
Mayor Burk: No. You need to -
Eileen Boeing: Put it in online.
Mayor Burk: -Right. Put it in online.
Council Member Cimino -Johnson: Okay.
Page 32jNovember 14, 2023
Eileen Boeing: I will send you the link.
Council Member Cimino -Johnson: Thank you.
Mayor Burk: You can still do it. It's just a matter of doing it online first.
Council Member Cimino -Johnson: Oh, okay. I will go ahead and talk about it.
Mayor Burk: Okay.
Council Member Cimino -Johnson: I'm going to request a proclamation for Crohn's and Colitis
Awareness Week. December 1st through the 7th. This is something that I found out last year I'm
dealing with, is Crohn's disease and it's not fun. It just comes out of nowhere. There's not a whole lot
to be done for it. It really stinks. I'm going to put forward this proclamation. Thank you.
Mayor Burk: All right. Mr. Cummings.
Council Member Cummings: I just have one disclosure. I had a phone call with Kevin Ash regarding
the potential amendments to the Zoning Ordinance discussed last night. That's it.
Mayor Burk: All right. Vice Mayor.
Vice Mayor Steinberg: I have none.
Mayor Burk: Okay. Council Member Nacy.
Council Member Nacy: I just have one disclosure. I had a meeting with Matthew Leslie and the
developers or the owners of the property near Woodlea Manor on October 27th
Mayor Burk: All right. Mr. Bagdasarian.
Council Member Bagdasarian: Yes, no disclosures. Perhaps a discussion item. I'd like to
understand why the Morven Park Sidewalk Project cannot be-- the sidewalk part of the project cannot
be completed without having both sides curbed. I don't know if that's a discussion item. I think that
project should be looked at from that perspective just like Market Street has one side that has
sidewalk. The other side is not. I don't know if that should be a discussion item, or maybe it can be
addressed now.
Kaj Dentler: I can tell you that engineering projects all are connected. When you remove one piece or
add a piece, it impacts something else. The engineers are not saying they can't design it that way, but
they will have to go back and figure out how to build it so that they don't-- Because one of the biggest
challenges is to make sure there's no water being left on someone's property adversely impacting it.
They will look very closely at that. One thing is connected to another, and so it's not as simple as that.
Mayor Burk: Once you make the sidewalk, then that means all the water is going across the street.
Kaj Dentler: I think the best thing for now is just to allow staff to-- We have our direction. The majority
has turned down the request. We're going to work with the property owner, we're going to look at our
options, and then we'll come back to you and let you know what we've been able to come up with.
The biggest thing I was trying to relay to you earlier is just going to delay the project because
everything will have to be, I wouldn't say completely redone, but it's all got to be reviewed and
approved again if we deviate from what we had.
Chris Spera: Madam Mayor, if I might just piggyback on what the Town Manager said, one of the
things we have to be careful about is a disproportionate impact on any particular property. What the
property owner was suggesting was leaving one section without a curb but having a curb everywhere
else. I think one of the staff alluded to that's where the water is going to go. Now we're in an inverse
condemnation situation where the adverse impact on that property could potentially give rise to a
damages claim. Those adverse impacts are part of the engineering that goes into the design to be
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sure we're not adversely impacting any particular property by the improvements on the other
properties.
Mayor Burk: Would you also include with staffs report back what would be the impact in regard?
Because some of that money is the VDOT money. Will there be an impact on that money?
Kaj Dentler: Yes, we'll give you a full report on the impact, everything, once we're able to meet with
the property owner, see if there is a resolution that could be easily resolve the matter or if we're going
to have to take a different approach. We're going to need a little time to work through it.
Council Member Bagdasarian: I also recommend when staff does go back to the drawing board, if
you will, having some rendering, I think, would help visualize what this look like because you have
people's imaginations that are determining what it's going to look like and the impact.
Kaj Dentler: Completely agree in this case. Absolutely.
Mayor Burk: Okay. Mr. Wilt?
Council Member Wilt: Just one disclosure. I have a phone call a week ago with Kevin Ash about his
need for dimensional flexibility in the historic district.
Mayor Burk: All right. I have a number of things here. First, on the 25th, we had the Courthouse
ribbon cutting. The Courthouse is now open to the public. It's a great new facility, lots of excitement
around it, and I hope that this will help alleviate some of the crowding problems in the Courthouse. On
the 26th, Best Rack Around celebrated their 10th anniversary. It was quite a lovely party. It was great
fun that they put together. We did a ribbon cutting and welcomed them as if they had just started 10
years ago. It is hard to believe that they've been there 10 years. It really is.
On the 27th, I was invited along with the Leesburg Police Department for a first responders' breakfast
at Reflections. That was truly a lovely dinner event-- I mean dinner-- breakfast event. The Police
officers came, and other first responders came, and the residents were so excited to have people
there and to talk to the officers. One of the ladies told me that there was one officer in particular that
she just loved and hoped he would come back and see her. [laughs] I'll keep that name to myself.
On the 28th, I want to thank the EAC for doing a fall Keep Leesburg Beautiful. I was impressed with
the number of people that came and the excitement to get out there and pick up litter and keep
Leesburg beautiful. I want to thank them for putting that together. The downtown, I want to thank Sola
from Very Virginia for putting together the downtown kids' parade event. The closing of the streets
really worked very well. There were so many people there with their children and their costumes.
Many of the adults were in costumes, but it was a really good event.
One thing that really strike me is I was a little early in setting up, and there were a number of people
that were before the streets closed, were walking around. Each person I spoke to was actually not
from Leesburg. They were from somewhere else, and Leesburg was the destination. They were
staying here. They were excited to see that there was this parade, but they were there to visit
Leesburg. That was really interesting.
We had a ribbon cutting on the 30th for Loudoun Literacy. I want to welcome them. They've moved to
their new place. They've moved from Sterling to here. They are on Miller Drive where the food bank
is. That's going to be a nice little campus there where people can get multiple care that they need.
The Loudoun Literacy works with people to help them read, to learn to read so that they can get jobs
and they can be productive people in the community. That was great.
I want to thank the Parks and Rec staff and all the staff, the Street staff, the Utility, everybody that
was involved in the parade. It was a very good parade, and we were very grateful for that. On the 1st,
we had a ribbon cutting for Loudoun Cares. That also is in the same place on Miller Drive, and that
was great to have them back. On the 3rd, ProJet had an Aviation Expo where they have given out over
a million dollars' worth of scholarships to students that are interested in the fields of aviation.
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They had all sorts of vendors there from all different types of jobs in the aviation industry. You don't
just have to be a pilot. You can be in the marketing of aviation. You can be a mechanic. You can work
in the food part. It's just there's a lot of jobs associated with aviation, and that's a great opportunity to
be able to expose over a thousand students to this. I want to thank ProJet.
On the 4th, we did a Chariots of Honor. We went to Spring Harbor and recognized Mr. Passart. He
was 100 years old, served in World War II. He's a spry old guy, and he was just delighted to have all
of the veterans, organizations, and other people like me there that were willing to be part of his
celebration.
On the 6th, this is extremely exciting that the Village of Leesburg, A Place To Be has opened. It's a
miraculous place where the staff works, uses music therapy to bring out students who are many of
them are nonverbal, many of them have multiple issues, yet they get them on the stage entertaining
people, talking. It's a great opportunity, and so many people are so involved in it. We're so grateful
that they're here. They started in Middleburg, and this is their second location. Also on that day,
Leesburg Elementary, we came in third on the plow decorating. The kids were very excited to be able
to come out and get their picture taken and they got $100 for their Art Department. They were very
excited about that.
On the 9th, Mr. Steinberg and I walked with staff at the data center site across from the Village of
Leesburg. I would suggest if any of you have time to do that, it was very enlightening. I had had
visions of my head of what it was going to be like and to see actually where it was, was very
interesting and very insightful. I'm glad that I did it, and I would encourage everyone else to do it, too,
if you have the chance. I want to thank the Boy Scout Troop 311 for allowing me to come and talk
about the role of the Mayor. What a great group of young men, very, very engaged, and it was
wonderful.
On the 10th, many of us attended the Loudoun County Small Business dinner. It was wonderful to see
that we had three businesses that won for their categories. BirchTree Books won for the best new
business in Town in Loudoun. On the 11th, we had a Veterans Day ceremony at Dodona Manor. I
want to thank the George Marshall International Foundation for their help in putting that together and
allowing us to participate. I also attended a Diwali event out in Chantilly. That is always fascinating to
participate in that. They kept trying to feed me, and I kept trying to tell them no, but it didn't work. It
was very interesting to find out the different things within the Indian community.
On the 12th, also, there was an event for the Free Clinic. It was great to see so many people. There's
so many nonprofits that we have that do such an amazing job, and the Free Clinic is one of them. I
was delighted to be there, although I did not win any raffle tickets, but anyway. I want to congratulate
Barbara Notar and her new husband, whose name is escaping me.
Vice Mayor Steinberg: Jack Roberts.
Mayor Burk: Jack Roberts. [chuckles] Oh, he's going to be so mad. Anyway, on their new nuptials,
that was great to be part of that and what a great story. Finally, Cool Springs Elementary today. I was
there for their plow. They won first place and they won $500 and they were very excited, and then we
went in and talked about what leadership is and what the Town Council is like and of course I said
only great things about the Council and how great it is to work with you all. That is my report. Mr.
Town Manager.
Kaj Dentler: I can't touch all that. [chuckles] I do want to wish you and all of your family members a
great Thanksgiving. It's hard to believe that is now upon us. If you haven't noticed, the crews are busy
this week putting up all the holiday decorations, so if you're not getting ready for your Christmas
shopping, I advise you to get busy. Have a good night. Thank you.
Mayor Burk: Do I have a motion?
Vice Mayor Steinberg: So moved.
Mayor Burk: Second?
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Council Member Cummings: Second.
Mayor Burk: All in favor?
Members: Aye.
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