HomeMy Public PortalAbout2023_tcmin1128COUNCIL MEETING November 28, 2023
1
1
1
Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding.
Council Members Present: Ara Bagdasarian, Todd Cimino -Johnson, Zach Cummings,
Kari Nacy, Vice Mayor Neil Steinberg and Mayor Kelly Burk.
Council Members Absent: Patrick Wilt
Staff Present: Town Manager Kaj Dentler, Town Attorney Christopher Spera, Deputy
Town Manager Keith Markel, Director of Finance and Administrative Services Clark Case,
Director of Public Works and Capital Projects Renee LaFollette, Director of Utilities Amy
Wyks, Director of Community Development James David, Assistant Town Manager Kate
Trask, Deputy Director of Utilities Brian Stone, Assistant Director of Utilities Laura
Jackson, Senior Planning Project Manager Scott Parker, Senior Preservation Planner
Lauren Murphy, Senior Engineer Christine Roe, Clerk of Council Eileen Boeing, Assistant
Public Information Officer Leah Kosin and Deputy Clerk of Council Lyndon Gonzalez.
AGENDA .. ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Rabbi Tow and Imam Jalloh.
3. SALUTE TO THE FLAG was led by Council Member Nacy.
4. ROLL CALL
a. Council Member Wilt absent.
5. MINUTES
a. Work Session Minutes of November 13.2023
Council Member Nacy was absent from the November 13, 2023, meeting and
abstained from voting.
MOTION2023-186
On a motion by Vice Mayor Steinberg, seconded by Council Member Bagdasarian, the
November 13, 2023, Work Session minutes were moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Vice Mayor Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1-1 (Nacy abstain, Wilt absent)
b. Regular Session Minutes of November 14.2023
MOTION2023-187
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the
November 14, 2023, Regular Session minutes were moved for approval.
1 1 Page
COUNCIL MEETING November 28, 2023
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 absent)
6. ADOPTING THE MEETING AGENDA
MOTION2023-188
On a motion by Council Member Nacy, seconded by Council Member Bagdasarian, the
meeting agenda was moved for approval.
Council Member Bagdasarian requested a motion be added to rescind the vote taken
at the November 14, 2023, Council Meeting approving the Acquisition of Land Rights by
Condemnation for Construction of the Morven Park Road Sidewalk Project. There were no
objections to the amendment.
The motion was approved by the following vote to approve the amended agenda:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and -Mayor Burk
Nay: None
Vote: 6-0-1 (Wilt absent)
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. Crohn's and Colitis Awareness Week
MOTION2023-189
On a motion by Council Member Cimino -Johnson, seconded by Council Member
Nacy, the following was proposed::
I move to approve the Proclamation for Crohn's and Colitis Awareness Week to be
presented at the November 28, 2023, Council Meeting.
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 absent)
Dr. Sanjeev Wasan accepted the proclamation for Crohn's and Colitis
Awareness Week and made a few remarks.
1
2 1 Page
COUNCIL MEETING November 28, 2023
1
1
1
9. PRESENTATIONS
a. COPA Community Piano' Project
Commission on Public Art Chair Jeanette Ward presented Council with
information on the Community Piano Project. Council and Chair Ward discussed
the project.
MOTION2023-190
On a motion by Vice Mayor Steinberg, seconded by Council Member Cummings, the
following was proposed::
Provide Council support for the Commission on Public Art's Community Piano Project
and ask them to look for additional locations that will provide better protection for the
piano.
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 absent)
10. REGIONAL COMMISSION REPORTS
a. None.
11. PETITIONERS
The Petitioner's Section opened at 7:24 p.m.
Melissa Simonetta, 2230 Abboccato Ter SE. Spoke to Council in opposition of
raising water and sewer rates.
Kohler Brafford, 137 Morven Park Road NW. Spoke to Council about the scope of
the Morven Park Road Sidewalk Project and how it has expanded to include additional
infrastructure improvements beyond just sidewalks.
Nathan Messer, 102 Morven Park Road NW. Spoke to Council on behalf of himself
and his wife Mery Buelow is support of completing the Morven Park Sidewalk Project.
David Pillor, 18 Morven Park Road. Spoke to Council regarding suggested
improvements to the design of the Morven Park Sidewalk Project and the need to involve
the Town's Board of Architectural Review in the process. Mayor Burk advised that any
future condemnation action would require public notification.
Howard Douglas Lynes, 121 Morven Park Road NW. Spoke to Council in support
of completing the Morven Park Sidewalk Project.
Renee Pillor, 18 Morven Park Road NW. Spoke to Council about reevaluating the
current design of the Morven Park Sidewalk Project.
3 1 Page
COUNCIL MEETING November 28, 2023
1
1
The Petitioner's Section closed at 7:39 p.m.
12. APPROVAL OF THE CONSENT AGENDA
MOTION2023-191
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following consent
agenda was proposed::
a. Police Station Expansion Project - Authorization of Washington Gas Relocation
RESOLUTION2023-163
Authorize the Town Manager to Execute an Agreement with Washington Gas
for the Leesburg Police Station Expansion Project for Gas Line Relocation in.
the amount of $223,346
b. Appointment to the Economic Development Commission — Angel Miranda (Council Member
Bagdasarian)
RESOLUTION2023-164
Appointing Angel Miranda to the Economic Development Commission
The Consent Agenda 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 absent)
13. RESOLUTIONS /ORDINANCES / MOTIONS
a: Board of Architectural Review Membership Requirements
Ms. Lauren Murphy reviewed the current membership requirements for the
Board of Architectural Review. Staff recommended keeping the membership
requirements as is. Council and staff discussed the membership requirements.
MOTION2023-192
On a motion by Vice Mayor Steinberg, seconded by Council Member Cimino Johnson,
the following was proposed::
I move to keep the Zoning Ordinance Section 2.3.4 as currently written because the
ordinance allows for appointment of members consistent with the CLG program, which
allow for sufficient diversity of background in education, and which ensure BAR
members are well qualified to perform the duties assigned.
RESOLUTION2023-165
Maintaining Section 2.3.4 of the Zoning Ordinance Regarding Membership
Requirements for the Board of Architectural Review
41 Page
COUNCIL MEETING November 28, 2023
The motion as approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and
Mayor Burk
Nay: None
Vote: 6-0-1 (Wilt absent)
b. Amending Rules for. Boards and Commissions Regarding Remote
Participation
Mr. Chris Spera reviewed the recent changes to the State Code allowing
advisory boards and commissions to hold several meetings, either two or 25% of the
scheduled regular meetings, 100% virtually. These changes do not apply to Council,
Planning Commission, Board of Architectural Review or the Board of Zoning
Appeals. Mr. Spera noted these changes do not affect the current rules related to an
individual member's electronic participation. Council and staff discussed the
proposed changes.
MOTION2023-193
On a motion by Council Member Bagdasarian, seconded by Council Member Nacy,
the following was proposed:
RESOLUTION2023-166
Amending the Rules for Boards and Commissions Regarding Remote Participation
The motion as approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and
Mayor Burk
Nay: None
Vote: 6-0-1 (Wilt absent)
c. Motion to Rescind Vote Taken at the November 14, 2023, Council Meeting
Approving the Acquisition of Land Rights by. Condemnation for
Construction of the Morven Park Road Sidewalk Project
MOTION 2023-194
On a motion by Council Member Bagdasarian, seconded by Vice Mayor Steinberg, the
following was proposed:
I move that the Town Council rescind the November 14, 2023, decision the Council
made related to the acquisition of properly rights necessary for the Morven Park
sidewalk project on the parcel number 230-15-8330-000.
Council and staff discussed the impact of rescinding the prior motion. Mr.
Spera explained that any new condemnation proceedings must be properly noticed.
1
5 1 Page
COUNCIL MEETING November 28, 2023
1
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 absent)
14. PUBLIC HEARINGS
a. TLSPEX2023-0004, PetCo Veterinary Hospital, Battlefield Shopping Center
The public hearing opened at 7:53 p.m.
Mr. Scott Parker presented Council with a proposed minor special exception
application for a 1,769 square foot veterinary hospital to go in a by -right PetCo
currently under construction and under approval in the Battlefield Shopping Center.
Property owner Kimco Realty representative Mr. Michael Ogden noted to Council
that they were in support of the application.
Council and staff discussed the application.
Public Speakers:
There were no public speakers wishing to address Council.
The public hearing was closed at 7:59 p.m.
MOTION2023-195
On a motion by Council Member Nacy, seconded by Council Member Cummings, the
following was proposed::
I move to approve the proposed resolution approving minor special exception TLSPEX-
2023-0004 PetCo Veterinarian Hospital, Battlefield Shopping Center with conditions
based on finding that the proposed veterinary hospital use is compatible with
neighboring properties consistent with applicable regulations of the Leesburg Legacy
Town Plan and Town of Leesburg Zoning Ordinance, and is consistent with the
protection of the health safety, and welfare of the community.
RESOLUTION2023-167
Approving Minor Special Exception TLSPEX2023-0004, PetCo Veterinarian Hospital
(Battlefield Shopping Center) to Allow a Veterinary Hospital within a PetCo Retail
Store at 1031 Edwards Ferry Road
The motion as approved by the following vote:
Aye: Bagdasarian, Cimino -Johnson, Cummings, Nacy, Vice Mayor Steinberg and
Mayor Burk
Nay: None
Vote: 6-0-1 (Wilt absent)
6IPage
COUNCIL MEETING November 28, 2023
1
1
b. 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 8:01 p.m.
Utilities Director Amy Wyks and NewGen Rate Consultant Mike Maker
presented Council with the proposed water and sewer rates for the next five years.
Ms. Wyks also noted the proposed amendments to the Town Code related to
Utilities and Appendix B, Fee Schedule. Director of Finance and Administrative
Services Clark Case and Financial Advisor Courtney Rogers with Davenport &
Company joined Ms. Wyks and Mr. Maker in the discussion with Council.
Public Speakers:
Melissa Simonetta. Spoke to Council as a Petitioner regarding her opposition
to raising water and sewer rates.
Deborah Byrne. Spoke to Council in opposition of raising water and sewer
rates.
Diane Florczyk. Spoke to Council as an out -of -Town water customer to
inquire about how the rates would affect out -of -Town customers. Staff and the
consultants provided Ms. Florczyk with the answers to her questions.
At the suggestion of Mr. Dentler, Mayor Burk took a straw vote to see if there
was a consensus of Council to move forward with the proposed 4.1% increase as
proposed in the five-year plan.
There was no consensus of Council for a 4.1% increase in the five-year plan.
Council and staff discussed the alternatives and determined that additional
time was needed by Council to review the proposed rates. Staff advised Council the
Public Hearing could remain open to allow for additional time to review and discuss
the proposed rates.
MOTION2023-196
On a motion by Mayor Burk, seconded by Vice Mayor Steinberg, the following was
proposed:
I move to keep the public hearing open until the next meeting.
Staff requested guidance from Council on what the rate should be so staff
could prepare for the discussion. Council provided feedback for staff consideration.
7 1 Page
COUNCIL MEETING November 28, 2023
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 absent)
Vice Mayor Steinberg requested a Work Session discussion to allow Council
to continue the discussion on setting the water and sewer rates.
It was the consensus of Council to add this to a future Work Session discussion.
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
1
1
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Cimino -Johnson thanked the Leesburg Movement and staff for
putting together the Christmas Market. Council Member Cimino -Johnson shared Parks and
Recreation Commission Member Anthony Cimino -Johnson's resignation letter regarding
the reasons he was stepping down from the Commission. Council Member Cirnino-
Johnson noted he would be open to discussing the reasons for the resignation with any
Council Member if they were interested in discussing the matter further.
Vice Mayor Steinberg disclosed he met with Mr. Taylor Chess and Ms. Molly
Novotny regarding a data center project on the Mintjens property.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk requested a future Work Session discussion on establishing a
contingency fund to assist residents with paying their water and sewer bill.
It was the consensus of Council to add this to a future Work Session for discussion.
Mayor Burk met with Ms. Ann Jansen and her neighbor to discuss Airport issues
impacting their neighborhood. Mayor Burk thanked the Preschool Learning Center for
inviting her to their Christmas Shop. Mayor Burk was a guest of the Buffalo Wing Factory
at Compass Creek where she was requested to pick her favorite wing flavor —honey
barbeque. Mayor Burk and Vice Mayor Steinberg walked. the Cardinal Park Road property
and noted there were some needed improvements to help with safety issues that will require
future discussion. Mayor Burk met with Mr. and Mrs. Budzier regarding speeding issues on
Dry Mill Road. Mayor Burk congratulated the small businesses in Leesburg for a successful
Small Business Saturday. Mayor Burk noted she will be ringing the bell for the Salvation
Army on November 29 in front of the Giant grocery store from 12:45 — 2:45 and encouraged
8 1 Page
COUNCIL MEETING November 28, 2023
1
everyone to come and donate. Mayor Burk reminded everyone the tree lighting would be
on December 2.
19. TOWN MANAGER COMMENTS
a. None.
20. ADJOURNMENT.
On a motion by Vice Mayor Steinberg, seconded by Council Member Cummings, the meeting
was adjourned at 9:34 p.m.
ATTEST:
Clerk of Council
2023 tcmin1128
Kelly Bur : , May r
Town of Leesburg
9 1 Page
November 28, 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 to order tonight's November 28th, 2023 Town Council Meeting.
If anyone in the room needs hearing assistance, please see the Clerk. Council Member Cimino -
Johnson was set to give the Invocation, but he has invited Rabbi Tow and Imam Jalloh to give it
tonight, and it will be followed by Council Member Nacy's salute to the flag. Gentlemen, would you
mind coming forward at this point? Yes, right here? If you would stand in front of the mic, it would be --
Rabbi Tow: Yes.
Mayor Burk: Yes.
Rabbi Tow: We gather here today to bless the work of the Mayor and Leesburg Town Council, and
for the wellbeing of everyone who lives, works, and visits Leesburg. May God bless our leaders with
strength and moral clarity to govern here with empathy and vision. May we stand united against the
debilitating forces of fanaticism and authoritarianism across the world, and may conflicts abroad, not
create conflicts here. Always keep us from calling each other names and using inflammatory phrases,
which only serve to denigrate and never illuminate in person or social media.
May we always stand firm against Jew hatred in all its forms, Islamophobia, racisms, xenophobia, and
hate in general. Bless us with renewed appreciation for our religious liberty here and the right to
protect it through democratic means. While we join together here for the good of our community, we
continue to keep innocent people all around the world who are suffering in our prayers. [Hebrew
language] May God bless this Council and all of us in the work of uniting and strengthening Leesburg.
Amen.
Mayor Burk: Thank you. Imam.
Imam Jalloh: Good evening. Distinguished administrators and respected attendees, I am Imam
Sulaiman Jalloh. I'm from Loudoun Islamic Center, and this is my first time being here, and I do ask of
you a few moments to make a few remarks before I offer my prayers. My name Sulaiman is Arabic for
Solomon. Although I'm not great or wise, it's a name that I cherish. I would like to start by saying that
it is amazing how both Jews and Muslims invoke on the same God, whether by the name Elohim, or
Allahumma, or Eli or Ali.
Further, we both regard Prophet Moses as one of the greatest of God's messengers, and we all hold
the Holy Land quite dearly to our hearts. Moreover, Muslims and Christians share a unique love for
Jesus Christ, the Messiah, and we both regard his conception and birth as miracle. With that, I would
like to call upon all of us to use our common faith to invoke on that higher power, to bring our hearts to
harmony and to spread peace, and security for all.
I would like to start by saying, in my prayer, to the Almighty Creator and Sustainer and cherisher of
the heavens and the earth, God of Adam, Noah, Moses, Abraham, Jesus, Muhammed and the
messengers. To him belongs all praise befitting his majestic nature and his greatness. He deserves
all gratitude and all servitude, and to him all of us return. We beseech him this day, because we
acknowledge and recognize that no single human, authority, or agency has all the power to change
everything that is wrong in society.
We that, we call upon God Almighty the following way. We ask Him to restore the love, the trust, and
the compassion between the Children of Adam, because hatred, animosity is dividing us and
consuming our souls. We ask God Almighty to bring peace between us and our neighbors, our
colleagues, and our law enforcement, because hatred, and violence, and malice is dictating how we
deal with each other. We ask God to heal the scars of the past that continue to bleed, because
vengeance precludes forgiveness, and also makes us vindictive indeed.
Page 1 (November 28, 2023
We ask him to protect our houses of worship, our schools, and our public areas, for they have
become the targets for xenophobes and hate mongers. We ask him to save us from diseases, and
ailments, and afflictions that harm humanity and continue to decimate us. We ask him to preserve the
environment and purify it from all harmful things, so that we can leave a better world for our posterity.
We ask that he strengthens the bond of kinship within our families and save us from poisonous
substances, for each of our families is a brick for a better society.
We ask that he makes our children respectful, strong, wise so that they attain maturity and discern
right from wrong. We ask him to guide you, our administrators, to be just, fair, lenient, and wise, for
only just and fair ordinances lead to compliance and compromise. Ask him to bless those of you that
serve us willingly and selflessly, because you deserve more than meager salaries to support your
families.
We ask that he forgives our excesses, transgressions, and shortcomings, and make us forgiving and
[inaudible] to those that harm or wrong us. We acknowledge that our difficulties are sometimes
brought by our own hands, and thus we ask him to grant us mercy and extend his loving hands.
Lastly, we implore God Almighty to keep Virginia safe, thriving, and diverse, and to make us examples
of good for Virginia, and not one a vice. Amen. Aimen. Amin. Thank you.
Mayor Burk: Thank you. Gentlemen, thank you, both, very much for coming. We truly appreciate it.
Imam Jalloh: Thank you.
Mayor Burk: Thank you. Council Member Nacy.
Council Member Kari Nacy: Please remain [inaudible].
All: I pledge allegiance to the flag of the United States of America, and to the republic for which it
stands, one nation under God, indivisible, with liberty and justice for all.
Mayor Burk: Let the record reflect that all Members of Council are present with the exception of
Council Member Wilt, who is home with the flu and we hope he recovers quickly. We are grateful that
he decided not to come tonight and share his germs. We have two sets of minutes, the working
minutes of November 13th. Do I have a motion to accept them?
Vice Mayor Neil Steinberg: Moved.
Mayor Burk: Vice Mayor Steinberg moved it. Second?
Council Member Ara Bagdasarian: Second.
Mayor Burk: Seconded by Council Member Bagdasarian. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? Abstain. Okay, 6-0-1.
Vice Mayor Steinberg: Five.
Mayor Burk: 5-0-1. Oh, that's right. Patrick's not here, I just got finished saying that. Regular session
minutes of November 14th?
Vice Mayor Steinberg: So moved.
Mayor Burk: Vice Mayor Steinberg is fast, and Council Member Nacy. All in favor?
Members: Aye
Mayor Burk: Opposed? That's 6-0-1. Adopting the meeting agenda, do I have a motion?
Page 21November 28, 2023
Council Member Bagdasarian: Madam Mayor, I'd like to make an addition.
Mayor Burk: Can we do the motion first and then you can --
Council Member Bagdasarian: Okay.
Council Member Nacy: So moved.
Mayor Burk: Council Member Nacy. Second?
Council Member Bagdasarian: I'll second.
Mayor Burk: Council Member Bagdasarian. Mr. Bagdasarian, you had something you wanted to
add?
Council Member Bagdasarian: Yes. I met with the Town staff engineers and the Town Manager to
address my concerns and implications with the Morven Park sidewalk project. I'm satisfied with the
scope of the project and necessity, so I'd like to request that we add a motion to rescind the
November 14th, 2023, decision the Council made related to the acquisition of property rights
necessary for the Morven Park sidewalk project under new business.
Mayor Burk: Is there anyone who-- Council Member, Nacy, you made the motion? Do you have any
problems putting that on? Obviously, Mr. Bagdasarian doesn't. Anybody else have any issue? Okay,
all in favor indicate by saying Aye.
Members: Aye.
Mayor Burk: Opposed? All right, that is 6-0-1, and that will go on item 13C. That takes us to our
proclamation. We have a proclamation tonight for Crohn's and Colitis Awareness Week, and I need
someone to move the motion.
Council Member Cimino -Johnson: So moved.
Mayor Burk: Would you mind reading it? Just because it hasn't been read before [laughter]. You
have a copy, do you?
Council Member Nacy: Second.
Council Member Todd Cimino -Johnson: I move to approve the proclamation for Crohn's and Colitis
Awareness Week to be presented at the November 28th, 2023 Council meeting.
Mayor Burk: All right. It's then seconded by Ms. Nacy. All in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That's 6-0-1. I would like now to go down and present this. Dr. Wasan is here
to accept it. Thank you very much for being here. If we come over here so we can the television can
see us better. Doctor, I really appreciate that you're here today. This proclamation, if you don't mind,
I'd like to read it out as we haven't had the opportunity to read it yet.
This is for Crohn's and Colitis Awareness Week, December 1st to the 7th. Whereas, Crohn's disease
and ulcerative colitis, collectively known as inflammatory bowel disease, affect millions of individuals
worldwide, causing significant physical, emotional, and social challenges. Whereas the impact of
Crohn's disease and ulcerative-- am I saying that correctly?
Dr. Sanjeev Wasan: Ulcerative, Yes. You're good.
Mayor Burk: Colitis extends beyond the individual to their families, friends, and communities,
highlighting the importance of raising awareness and fostering understanding. Whereas, Crohn's &
Page 3INovember 28, 2023
Colitis Foundation, healthcare professionals, and advocacy groups work tirelessly to support those
affected by this debilitating condition, advocating for research, treatment advancement, and an
improved quality of life.
Whereas it is crucial to promote education and dispel myths surrounding Crohn's disease and colitis
to reduce stigma and encourage open dialog, fostering a supportive environment for those facing
those challenges. Whereas by recognizing Crohn's and Colitis Awareness Week, we aim to unite
individuals, organizations, and communities in a shared commitment to improving the lives of those
affected by inflammatory bowel disease.
We recognize Dr. Sanjeev Wasan to accept this proclamation, therefore, proclaimed that the Mayor
and the Council of the Town of Leesburg in Virginia do hereby proclaim December 1 to 7, 2023, as
Crohn's and Colitis Awareness Week, to encourage the following actions, promote education and
awareness, community involvement, support research and advocacy, encourage compassion and
understanding, and raise funds for IBD initiatives. Proclaimed this 23rd day of November. Thank you
for accepting this. Would you like to say a few words as this is your field that you most certainly know
a lot about?
Sanjeev Wasan: Yes, I could spend an hour talking about this, but I'll try to keep it brief. You really
actually hit a lot of the important points in the proclamation. Crohn's and colitis affects over 3 million
people active in the United States. It is a very debilitating disease that can present in mild symptoms,
but actually very severe symptoms. Often begins in childhood, but can present into adulthood.
Patients can present with abdominal pain, weight loss, diarrhea, inability to eat.
It can be an embarrassing condition, knowing in school, having to leave the classroom, or in college,
having to leave the lecture hall, at work, trying to be close to a bathroom. It has that debilitating effect
on patients and on people in general. I'm actually very humbled to be invited here and to accept this
proclamation. We need to continue to educate people in our community about the condition, help in
terms of research as was mentioned.
We do have a lot of therapies available to patients. It's an incurable condition, but it can be managed
with a combination of diet habits, lifestyle modifications, as well as the different medications that we
have. Like I said, I could talk about this forever, but I don't want to bore you to death. This is
important, and hopefully, with the City, with the Town, and with the County, we can promote this each
year as we start to embark on this this week, upcoming, and in the future.
Mayor Burk: Thank you. Thank you very much. We really appreciate you being here, and thank you
very much.
Sanjeev Wasan: Thank you.
[applause]
Mayor Burk: We are now at our first presentation, which is the COPA Public Piano Project.
Jeanette Ward: I just use this, right? Okay. Hello, I'm back again. I'm Jeanette, the Chair for the
Commission on Public Arts. I'm here to talk about the public piano project that we are proposing for
the Town. Our public piano project would consist of-- It is in the name, but COPA is asking to place a
donated piano for public use available to anyone to play on Town property. The piano would be
painted by a local artist, where we would put out a call to artist, have it decorated, and it would be
exhibited on a trial basis at least for a year to see how it works and see how it plays within the Town.
The Town piano, we're suggesting to put in the area that is-- Right now it's like mulch gravel next to
the log cabin. We believe that having the piano next to some kind of structure would shield it from
weather and any kind of-- It's not going to add 100% protection, but it would be protected to a degree.
It would be off of a sidewalk, which would not impede any ADA accessibility.
Why a public piano? A public piano, in doing research and talking about this with other COPA
members, we feel that it would really promote performing arts. We have a lot of murals. We have
things that really are mostly visual in nature, but we believe the piano will help to bring art to the
Page 4INovember 28, 2023
community and making it accessible to all. The public piano would be there for community
engagement. It's a conversation starter, it's a community builder.
It would be a great way to expand access to music and arts for those who don't have the ability to
have a piano in their home or have access to one. We feel like this would be a great project to really
build a sense of community with performing arts. How? COPA would be using the funds that Council
has already allocated us for our budget.
Looking at the budget for this piano, the piano is donated. We have actually had several people reach
out wanting to donate a piano. The piano would be donated. It would require us to pay for relocation
from its current spot in Leesburg. Tuning, which would be in our initial talks, probably twice a year,
and then paint supplies for the piano. Once we put out a call to artists and have somebody paint it and
decorate it.
Some examples of public pianos can be found in many different cities. They're not just in Boston and
Toronto and big cities, but smaller ones like Lancaster, Pennsylvania, Sanford, North Carolina. The
Pacific Northwest has a wonderful piano program in Portland where they roll out pianos during the
summer all over Town. People play them, and then they go away for the winter. They can be found all
over the world. If you google public pianos, you can see entire maps of them where they exist in this
kind of form all over the country, all over the world.
This is just an example of one of the maps I took. We currently have nothing in this area besides
Baltimore is the only one public piano that is in this area. It would be nice to add and put Leesburg on
the map with a public piano, and letting people know about our Town and coming down to the
downtown, seeing the public piano, and then, hopefully, seeing for shops and restaurants.
Then I found this quote which I thought was really a great why behind a public piano. "A public piano
changes the dynamic of the environment it's in. People stop and smile. They stop to play it. They stop
to listen. They stop to talk to strangers. They speak with a light in their eye and a smile in their heart.
People linger and encourage and applaud. Someone once called it a smile generator. When there's a
public piano in a neighborhood, everyone knows about it, and most can tell you a story about how it
has brought them joy." Does anyone have any questions of the project?
Mayor Burk: I'm sure some of us do, but I do have -
Jeanette Ward: Bring it on.
Mayor Burk: -to comment on the map. Notice that Buffalo is listed. I'm sure that wasn't to get
someone's vote.
Council Member Bagdasarian: Oh, look at that.
[laughter]
Mayor Burk: When do you hope to have this in place?
Jeanette Ward: We would like to start the project quickly, but I think probably in spring, we would like
to have it out and decorated in spring.
Mayor Burk: Painted by then. Thank you. Mr. Bagdasarian, do you have a question?
Council Member Bagdasarian: You missed in your slide about my donated piano, by the way.
Jeanette Ward: You're on the list of pianos that want to be donated.
Council Member Bagdasarian: I do have a couple questions, because I happened to miss the
COPA meeting where-- talk about location. The location that has been identified, is there any covering
like how would that address the weather issues where it's located?
Page 5INovember 28, 2023
Jeanette Ward: The location that was given to us was not in our initial 5, 10 locations that we had
asked Town staff for. It's not the most ideal location that we want, because there is no covering
overhead. Some of the other locations that we were told no on was under the covering at Ida Lee. We
wanted the parking garage. All those were ideas that we had addressed first, but this would provide a
little bit of protection just being next to the building, but it's not going to be foolproof especially once
the leaves come down and the trees have no cover for snow.
Council Member Bagdasarian: Well, and obviously rain. Do we know how other communities
address weather related issues with the protection of the instrument?
Jeanette Ward: Usually, there's some covering over them. They don't last long outdoors. It's like a
year. We're going into it knowing that this is not a fixture art that's going to be there for 20 years. It's
not going to be a lifespan of a mural. If it had cover over top, it would be a better and longer life on the
piano, but what we're looking at now for that location it would be probably like a year.
Council Member Bagdasarian: What are you looking for this evening as far as direction from
Council?
Jeanette Ward: We would love support for this project so we can bring it to fruition and place the
piano on public land or on Town land.
Council Member Bagdasarian: The only concern I have is, obviously, the physical location of it.
Mayor Burk: Maybe perhaps we could have another conversation about that, because another idea
came up on doing it in front of the garage but make a gazebo to cover it.
Jeanette Ward: We would be fine with any of that. We're not married to any of the locations, so we
just think the project is worthwhile and would be really notable. We are willing to put it anywhere if you
let us. We could put it next to Kaj's office if that's helpful.
Mayor Burk: I'm sure he [crosstalk].
Jeanette Ward: Wherever you would want it to go. We're just really passionate about the project.
Mayor Burk: Whoever does the motion maybe could make a caveat to that staff will look for a better
location that is covered -
Jeanette Ward: That would be great.
Mayor Burk: -and take care of that part of it. Ms. Nacy?
Council Member Nacy: Thank you. I just had a question. When you do the call to artists, will there be
a theme or is there something in mind for what you want the piano to look like, or will it be up to the
artist?
Jeanette Ward: In our call to artists, we typically, unless it's something like very specific, like when
they did the pilot program, it was a musical theme. Typically for something like this, I would direct that
we have no theme, because then you get a wider range of ideas and thoughts, and you can really see
things in different directions. If you say that the theme has to be music, then everything's going to be
some kind of piano. Then all your art starts to look the same.
Council Member Nacy: Okay, thank you.
Mayor Burk: Anyone else? Does anybody want to make a motion?
Council Member Cummings: I have a question?
Mayor Burk: Yes, sir.
Page 6INovember 28, 2023
Council Member Cummings: Are there any stats about what having a public piano does for a
community?
Jeanette Ward: There are stats about lower crime rates in areas with pianos. Do I have any of those
stats off the top of my head? No.
Mayor Burk: You could thank him for that. [laughs] Anybody want to make a motion at this point?
Vice Mayor Steinberg: I can do that. We don't have a motion written, right?
Mayor Burk: No, [inaudible].
Vice Mayor Steinberg: I'd like to move that we forward this COPA proposal for approval with the idea
that we're going to study a possible better location and potential covering for the piano.
Mayor Burk: Can you clarify what do you mean by forward? Do you want to support this effort?
Vice Mayor Steinberg: Absolutely, yes.
Mayor Burk: You don't want to forward you want to support it?
Vice Mayor Steinberg: Yes.
Mayor Burk: Is there a second?
Council Member Cummings: Second.
Mayor Burk: All in favor?
Members: Aye.
Mayor Burk: Opposed? All right, that passes.
Jeanette Ward: Thank you.
Mayor Burk: Thank you. Thanks to the Commission of Public Art. They come up with some really fun
ideas. Usually we have our consent agenda. It's usually a page or too long. Tonight, I know we've got
the publics, but I'm just saying, I was just having to look at it and the consent agenda is two items.
Perhaps the petitioners will fill in that time slot there. Do we have-- here's our Petitioners' Section right
now. Melissa Simonetta.
Eileen Boeing: You need to open the Petitioners Section.
Mayor Burk: Oh, I'm sorry. I didn't do that. One of the first orders of business is to hear from the
public. All members of the public are welcome to address the Council on any item, matter, or issue.
Please identify yourself, and if comfortable doing so, give your address for the taped record. Any
public speaker will be requested to state their name and please spell it so that we can have it for
closed captioning.
In the interest of fairness, we 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 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 name on our list is Maria
Simonetta, followed by Kohler Brafford. Is Melissa-- I'm sorry. I said Maria, didn't I? Sorry.
Melissa Simonetta: I can go by Maria.
Mayor Burk: No, that's all right, Melissa. Sorry.
Page 7INovember 28, 2023
Melissa Simonetta: All right, just a second. My name is Melissa Simonetta, M -E -L -I -S -S -A S -I -M -O-
N -E -T -T -A.
Mayor Burk: Thank you.
Melissa Simonetta: My address is 2230 Abboccato Terrace, Southeast Leesburg, Virginia. Now go?
Mayor Burk: Yes.
Melissa Simonetta: Oh, okay. I'm reaffirming the email that I sent to the Council Members, and thank
you for allowing me to speak today. I'm in opposition of the proposed sewage and water increase over
the next five years. Inflation has been soaring over the past two years affecting the cost of goods and
services across the board. As a resident of Tuscarora Village, our water has increased the last three
years and for no community that's completed yet. This would put me, and I feel, other residents in
harm's way. I'm opposing it.
Mayor Burk: Thank you very much.
Melissa Simonetta: Thank you.
Mayor Burk: Kohler Brafford is followed by Nathan Messer.
Kohler Brafford: Good evening, Council Members. My name is Kohler Brafford, K -O -H -L -E -R, last
name, B -R -A -F -F -O -R -D. I live at 137 Morven Park Road Northwest. I'm here tonight because I love
Leesburg. I love our community, I love our history, and I love where I live on Morven Park Road. As a
native Washingtonian, I have fond memories as a child taking Whites Ferry across the Potomac to our
season rail spot at Morven Park to enjoy the steeplechase races every year.
Leesburg has always intrigued me as a child with its quaint downtown tasteful neighborhoods, and a
seemingly deep connection between its residents and the culture of the Town. It also seemed to have
a profound quality, safety. Having lived on Morven Park Road for almost seven years now, I've
witnessed firsthand how the lack of a continuous sidewalk between Old Waterford and West Market
Street has been an inhibitor of safety along our road.
I'm absolutely pro sidewalk. However, the current $6.3 million sidewalk project is far more of an
undertaking than the project title alludes. Regrading the road, tightening intersections, eliminating
current areas accessible for parking, adding a curb and gutter on the east side of the road to address
drainage issues, which don't currently exist, and increasing speeds with a straight-line design seems
to be more of a complete overhaul than adding a simple sidewalk.
It very much seems to be addressing one issue of safety and creating many others. We've been
fortunate to avoid any pedestrian collisions in my time here, but we may be peeling back the onion on
future incidents. What was done on Fairview Street, just a few roads up, is an example of what our
road project could result in if not corrected.
Your vote on November 14th opposing a request to pursue a combination of the Pillor's properties
means there is pause on how best to continue forward. I'm here to ask you to reconsider the reach of
this project and focus on what the project is titled to address, the sidewalk, not a complete redesign of
a pre -Civil War farm road to a modern-day sterile streetscape that is an extreme departure from the
historic charm our slice of Northwest Leesburg possesses.
I ask, where's the Board of Architectural Reviews perspective accommodated in this current design?
The data reference for the design on this project is nearly two decades old. The homeowners have
changed. Leesburg has changed. The sentiment on the street has changed, and it is time that we
take a fresh look at this project and revisit the design.
Mayor Burk: Thank you, Mr. Brafford.
Kohler Brafford: Thank you.
Page 8JNovember 28, 2023
Mayor Burk: Nathan Messer, followed by David Pillor.
Nathan Messer: Hello, Council Members. My name is Nate Messer, N -A -T -E M -E -S -S -E -R. I live at
102 Morven Park Road Northwest. Also here with me tonight is my wife, Mery Buelow, M -E -R -Y B -U -
E -L -O -W. I'm speaking on behalf of both of us. We live at 102 Morven Park Road Northwest. We live
in the White Cape Cod with the stonewall in front at the intersection with William Street. We're located
within the Historic District. We live directly next door to Mr. and Mrs. Pillor.
My wife and I walk on Morven Park Road daily with our dogs and often with our nephew to the park at
the end of the street. We are very much in favor of the Sidewalk Project, and we do not have a
problem with the curb on the eastern side of the road. I'd like to point out that regarding the curb
impacting the Western Gateway look of the neighborhood, large sections of Morven Park Road
Northwest already have curbs and sidewalks on the Western side, as well as sections on the eastern
side near the Heritage Hall and near Ayrlee Avenue intersection.
The road is nowhere near a pristine, historical, or rural site and is located well within the Town limits.
The entire western side of the road is located outside the Historic District and has no historic
character along much of its length. Adding or completing the curb along the eastern side of the road
will have no meaningful impact on the curb of the neighborhood, in my opinion, and the opinion of my
wife. Regarding the curb increasing the danger to the neighborhood, the road in its current state with
missing sections of the sidewalk makes it dangerous to walk along.
The road will soon be even more dangerous with additional traffic created by the 10 homes under
construction at the Morven Court development and the 13 homes proposed on the east side of the
Millstone development. It is irresponsible to lay this long-awaited project any further. If speeding is a
concern along the road, perhaps if you raise crosswalks, increase signage or other minor mitigating
tactics could be deployed, that would not delay the project or increase the budget in any meaningful
way.
I do not see how a new section of curb could meaningfully impact the danger to the neighborhood.
Delaying the project any further is the real danger. I understand that the curb and storm [inaudible]
are necessary to control stormwater flows. I assume that at this point any re -engineering at this late
stage would be costly in terms of time and taxpayer dollars. Our home sits below street level and we
welcome the addition of the new drain to help protect our home from the stormwater runoff.
We've had issues in the past with water rushing onto our property and heavy downpours from the
street. In summary, we're in favor of the Sidewalk Project. I have no problem with the curb on our side
of the road, including the section in front of our stone wall. Let's not waste any more taxpayer money
to re -engineer or delay this project any longer. Complete the project as soon as possible before an
innocent pedestrian is hurt or worse. Thank you.
Mayor Burk: Thank you. Thank you, Mr. Messer. David Pillor, followed by Howard Douglas Lynes.
David Pillor: Thank you, Mayor. Council Members, my name's David Pillor, P -I -L -L -O -R. I'm at 18
Morven Park Road Northwest. With regards to this project, I want to thank you for your thoughtful
consideration and votes at the last Council meeting. It struck me that I had focused maybe too much
on commiserating about my frontage and not on solutions. Subsequent to that last week, I met with
Town staff and consultants in my home and introduced some ideas. It was apparent that they were
interested in plowing ahead with the status quo. Going forward, I believe it'd be really helpful to,
number one, engage interested neighbors with staff in a road design.
I have received some good suggestions for improvements from them, including surface terrain, speed
tables, farm fencing, even stone curbs. Other techniques are already deployed around Town that
surely meet the Code. We have a great resource in Leesburg namely the BAR. Is it possible to
involve them in this project? They're interest is in preserving history. In addition to preserving the
western gateway of the neighborhood, let's work together on designs that will calm traffic on the
roadway itself.
Every resident seems to be pro sidewalks, including Renee and I. Let's keep the baby and improve
the bathwater. In the name of expediency, please do not impose a featureless drag strip on our
Page 9jNovember 28, 2023
neighborhood. Finally, I have a question based on what I just heard. To change your vote from last
week, is it a requirement that we have another public session? Or do we need a notice in the paper to
proceed and those kinds of things so it cannot just be rescinded this evening?
Mayor Burk: It will be rescinded but there'll be a public hearing. Yes.
David Pillor: Okay. Thanks, again, everybody, for helping with that.
Mayor Burk: Thank you. Howard Douglas Lynes, am I saying that correctly? Followed by Renee
Pillor.
Howard Douglas Lynes: I go by Doug. I'm Doug Lynes. I live at 121 Morven Park Road.
Mayor Burk: Would you spell your name?
Howard Douglas Lynes: Pardon me.
Mayor Burk: Would you spell your name?
Howard Douglas Lynes: Sure. Doug, D -O -U -G -L -A -S, Douglas, Lynes, L -Y -N -E -S.
Mayor Burk: Thank you.
Howard Douglas Lynes: It's just been a great experience living in this community, fixing up an old
house that isn't historic by standards, but it's built in 1910, and it's a joy to live there. We've been a
supporter of this project all along. We've had plenty of opportunities to input and ask questions. I was
a little shocked by this article in the newspaper when the approval condemnation didn't pass, and then
a little more shocked when it talked about money from one of our residents.
I just think that's not a good feeling for the Council and not a good feeling for the Town and all the
people that have worked really hard on it. The more questions I asked, it became a very complicated
project with a lot of moving parts. I thought we were about over the finish line and now we're not. I
would just encourage us to work together to get this thing done because I think it'd be valuable for us.
It'll make the neighborhood safer. Frankly, I think a curb in front of a wall like that, which is a beautiful
wall, would help protect it and control the drainage. I'm really in favor of this project. I hope that we
can come together on this. Thank you.
Mayor Burk: Thank you very much, Mr. Lynes. Renee Pillor.
Renee Pillor: Hello, Council. Good evening. Thank you for caring about what goes on here so much
in every way. I appreciate these few minutes. Renee Pillor at 80 Morven Park Road.
Mayor Burk: Would you spell your name, please?
Renee Pillor: R -E -N -E -E P -I -L -L -O -R.
Mayor Burk: Thank you.
Renee Pillor: I just would like to say that, from the beginning, we have always wanted the sidewalk to
be done. We also acknowledged what our Mayor was asked to in noticing that there's some flooding,
but it's on the opposite side of the road, on Williams Street. There is supposed to be another drain
and a little bit of reconfiguration that should solve that problem, which we all want solved, just like we
want the sidewalks.
When it comes to our side, I went out and took some pictures which we don't have time to send now.
The entire road mostly runs off to the left, which is to the west side. All the years that we've had the
sidewalk already in place on the other side of the road, which is the west side, drainage has not been
a problem on our side. I checked with some neighbors and they said the same thing, and there's a
real nice natural little berm there.
Page 101November 28, 2023
It shouldn't be a real problem, but when you reconstruct that all, it might make some flow different, but
it lookslike, at this point, there's enough there to absorb it. I'm not the expert, but I just say, if we
could save money with construction by taking another look, I realize VDOT is very difficult, and they
have to be very stringent, and I want that to be safe. I think we could possibly save money by not
adding something we don't need to the small section where it's a more historic section and still make
it beautiful and safe. My goal is win -win. I don't want to delay, but I think to do less might not delay
always, just looking at a small segment. Thank you.
Mayor Burk: Thank you. Thank you very much. Ms. Pillor was the last speaker for tonight. Is there
anybody in the audience that did not sign up that would like the opportunity to speak at this point? No
one. In that case, I will close the Petitioner's Section, and we will move on to the approval of the
consent agenda. 12A is the Police Station Expansion Project Authorization of Washington Gas
Relocation and B is the Appointment to the Economic Development Commission of Angel Miranda.
Those are the only two things that we have on the agenda for the consent. Is there a motion?
Vice Mayor Steinberg: So moved.
Mayor Burk: Vice Mayor Steinberg is-- Ms. Nacy is second. Is there any item that you would like to
have removed? Then in that case, all in favor indicated by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes 6-0-1. We've got a couple of resolutions here. The first one is
the Board of Architectural Review Membership Requirement. Do we have a presentation on that one?
Lauren Murphy: Good evening, Madam Mayor, Members of the Council. I'm Lauren Murphy, the
Preservation Planner for the Town in the Department of Community Development. This item is
rescheduled from last night because of a Council request to come before you and discuss
membership requirements for the Town's Board of Architectural Review. As you probably are aware,
the Zoning Ordinance Section 2.3.4, establishes the criteria for appointment by this Council to
members of the Board of Architectural Review.
It ensures that all members of the BAR are qualified to review detailed architectural and preservation
project proposals, and was most recently amended by the Council in late 2020 for an amendment
which allows, at the discretion of the Council, the appointment of one non-resident property owner,
provided that they own property in the old and historic district.
For further background, the Town of Leesburg is a certified local government. CLGs are a Federal
program that recognize outstanding local preservation programs at the State or at the jurisdictional
level, excuse me. The certified local government program comes with it criteria for membership to
your governing body in your historic district.
They're generally similar to what we have here in the Town of Leesburg. You have to have a
practicing architect, and where possible, a majority of members should have relevant backgrounds
related to historic preservation. Could be architecture, could be historic preservation, could be history,
could be urban planning, but there's a variety of requirements for appointment to a body when you are
a certified local government. Go on.
Our current membership requirements in the Town are that we have at least one practicing architect
or someone with a degree in architecture, and two years of practice in Virginia. All of the members of
the Board of Architectural Review are meant to have an interest or knowledge in preservation, and a
majority of members, in addition to that one architect, must have professional training and experience
in relevant areas. Again, preservation, architectural history, history, preferably Virginia, archeology, or
urban planning.
The current ordinance requires that all appointees be Town residents, except the Council has the
discretion to allow one non-resident appointee, as I noted earlier. Whoops. The staff recommendation
on this item is to maintain the ordinance as is. Staff finds that the current ordinance requirements
allow for diversity of membership on the BAR with appropriate backgrounds. Our current board has a
diverse but effective membership. We have several architects, a structural engineer, an urban
Page 11 November 28, 2023
planner, and multiple historic preservation specialists, or historic district residents who have
experience restoring their own homes.
Staff finds that adding additional prerequisites may make future appointments more challenging and
could result in vacancies to the Board. It's important to note that the BAR reviews cases in multiple
districts, not just the historic district. We also have the Gateway District, which is usually full of
contemporary architecture, and the H-2 District, which exists only by proffer, but is also usually
contemporary architecture. Finally, it's worth noting that the Town considers the historic district a
public entity, something that's important to everyone who lives in Town or who visits Town, or who
owns a business in Town, not just folks who live in the H-1.
If the Council agrees with the staff recommendation, the draft motion from your packet would be to
keep the Zoning Ordinance as currently written. There's also the opportunity to consider amending the
ordinance. In that case, I would recommend that the item be referred to the Board of Architectural
Review as it directly impacts that body prior to its referral to the Planning Commission, or, of course,
an alternative motion. I am happy to answer questions.
Mayor Burk: All right. Thank you very much. Does anyone have any questions? Anybody have a
motion?
Vice Mayor Steinberg: Sure.
Mayor Burk: Ms. Nacy, did you have a question?
Council Member Nacy: I did. Refresh my memory on how this came about.
Mayor Burk: I believe this was a request from Mr. Wilt.
Council Member Nacy: Okay. Thank you.
Mayor Burk: You have a motion.
Vice Mayor Steinberg: Yes. I move to keep the Zoning Ordinance Section 2.3.4 as currently written
because the ordinance allows for appointment of members consistent with the CLG program, which
allow for sufficient diversity of background in education, and which ensure BAR members are well
qualified to perform the duties assigned.
Mayor Burk: Is there a second?
Council Member Cimino -Johnson: Second.
Mayor Burk: Moved by Vice Mayor Steinberg, seconded by Council Member Cimino -Johnson. All in
favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes 6-0-1
Lauren Murphy: Thank you very much.
Mayor Burk: Thank you. The next item is Amending the Rules for Boards and Commissions
regarding Remote Participation.
Chris Spera: I'm changing spots.
Mayor Burk: Oh, okay. We'II let the Town Attorney come off the dais.
Chris Spera: This will, I hope, be very brief. We had spoken in our earlier session where we
amended some of our rules for Boards and Commissions. I alerted you to the change in the State law
Page 121November 28, 2023
that allowed some additional flexibility for non-adjudicatory boards. This would not apply to the
Planning Commission, to you as the Town Council, to BAR, to the Board of Zoning Appeals.
The State Code was amended in late '22, will allow the greater of either two or 25% of meetings
during a calendar year. If you met 12 times, you could have 3 fully remote meetings. It's not 100%
remote all the time, but it would give some flexibility. I think as I dug a little bit into the legislative
background of this, it seemed that they were looking for flexibility in the context of around now, the
holiday season, or in the summers when electronic participation might allow a meeting to go forward.
With an in -person meeting, you might not have a quorum during the holidays or during summer
vacation season. There are some other rules and requirements which are part of the proposed
resolution. All we were really trying to do tonight was to give you the option of giving this option to the
non-adjudicatory Boards and Commissions that would require an amendment to your current
electronic participation policy, only with respect to those non-adjudicatory bodies.
Mayor Burk: Are you finished? I'm sorry.
Chris Spera: Yes.
Mayor Burk: I'm sorry. The boards that are just-- they give us their opinions and their suggestions,
but it's not binding?
Chris Spera: Correct. The advisory board, yes, ma'am.
Mayor Burk: The advisory. That's what I was looking for. By either, they could miss two meetings, or
they could come to the meetings electronically two times in the year?
Chris Spera: They could hold fully virtual meetings two times a year, or 25% of their total number of
meetings, whichever is greater.
Mayor Burk: The meeting itself could be totally electronic.
Chris Spera: This is flexibility for the meeting itself. This doesn't change the other rules about
electronic participation by an individual member. That section of the State Code wasn't really altered
in any meaningful way and your rules already address that for when you're allowed to participate
remotely. This would give the flexibility of the non-adjudicatory bodies to hold fully virtual meetings
either not less than twice a year, not more than 25% of their total meetings.
Mayor Burk: I understand now. Thank you. I was confused. I know that's hard to believe. Mr.
Bagdasarian?
Council Member Bagdasarian: Yes. Just for clarification, if it's a fully remote meeting, that's still
open to the public. Correct? There's remote participation?
Chris Spera: Correct. Those are part of the rules. There's a 10 or 11 different criteria that the State
Code specifies, and those almost exclusively go to public access and making sure that in the event
there's a technological error, that there's a way to advise staff of that and shut the meeting down until
it's fixed and those types of things. What we were proposing-- the changes we're proposing that are
embodied in the draft resolution are all straight out of the State Code. It really all go to that exact
issue.
Council Member Bagdasarian: Thank you.
Mayor Burk: Vice Mayor.
Vice Mayor Steinberg: I just want to be sure in terms of how it impacts the individual members. Let's
say for whatever reason the commission holds 25% of their meetings fully electronic. The individual
members still might participate via electronic means if they were out of Town or ill.
Page 13INovember 28, 2023
Chris Spera: Correct. You still have the ability. For example, if you were ill or away, the individual
member's ability to participate in an in -person meeting remains unchanged. The rules you already
have in place would remain for that type of participation on an individualized basis. What this change
goes to is having the entire meeting as a virtual meeting as happened during the pandemic.
I think what we-- You may recall, Vice Mayor Steinberg, we had included in our legislative agenda for
a couple of years and increased access to fully electronic meetings. Our legislative delegation talked
about advancing that and then this piece of legislation came out and replaced what we had proposed.
It's not quite as much as we had asked for but it is the opportunity to hold a certain number of
meetings in a fully electronic fashion.
Mayor Burk: All right. Is there anyone that would like to make a motion on this at this point?
Council Member Bagdasarian: Okay. Yes. The draft motion is I move to approve.
Chris Spera: I'm sorry. I didn't put it on. I was one slide behind. I didn't-- the eyebrow raised, I didn't
register. I'm sorry.
Council Member Bagdasarian: Can I make the motion?
Mayor Burk: Yes.
Council Member Bagdasarian: Okay. I move to approve the resolution amending the rules for
Boards and Commissions regarding remote participation.
Council Member Nacy: Second.
Mayor Burk: All in favor?
Members: Aye.
Mayor Burk: Opposed? All right. That passes 6-0-1.
Chris Spera: Thank you.
Mayor Burk: Thank you. That takes us to 13C, which is the motion to rescind. I believe, Mr.
Bagdasarian, are you making that motion?
Council Member Bagdasarian: Yes. This basically reopens the project. Let me come up with a
specific language.
Mayor Burk: Down at the bottom. I move.
Council Member Bagdasarian: I move, is it on here?
Mayor Burk: Pass that down.
Council Member Bagdasarian: Yes, please. I move to get a new pair of glasses. Thank you. Okay. I
move that the Town Council rescind the November 14'h, 2023 decision the Council made related to
the acquisition of property rights necessary for the Morven Park sidewalk project on the parcel
number 230-15-8330-000.
Vice Mayor Steinberg: Second.
Mayor Burk: That was moved by Mr. Bagdasarian, seconded by Vice Mayor Steinberg. In that, would
you be directing staff to bring that back to the January meeting?
Council Member Bagdasarian: Yes. For the sake for the public, would the Town Attorney just
basically summarize what the rescinding of this motion does.
Page 14INovember 28, 2023
Chris Spera: Correct. It simply undoes the decision from the 14th. It does not approve any taking. If
the vote of the Council is to direct staff to bring this forward to you again, there would be a re -noticing
of the eminent domain proceeding and a subsequent public hearing.
Council Member Bagdasarian: Okay. Thank you.
Mayor Burk: All right. is there a second? Oh, it was seconded. Sorry. Any other questions? Yes.
Council Member Nacy: No just to be absolutely sure, it just means we're bringing it back, right?
Mayor Burk: Correct.
Council Member Nacy: Okay.
Chris Spera: You're simply undoing what was done. This is not taking anything. There's no action
rather than —
Council Member Nacy: Just reopening it -
Chris Spera: Correct.
Mayor Burk: -again essentially. Thank you. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes 6-0-1. That takes us to our public hearings. Our first public
hearing, I will call to-- Mr. Parker, you look different than a little while ago. [laughter] I call to order
November 28th, 2023, public hearing at Leesburg Town Council. Unless there's an objection, I will
dispense with the reading of the advertisement. If you wish to speak, we ask you to 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 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 you have one minute remaining. At that time, we would appreciate your summing up and
yielding the floor when the bell indicates your time has expired. Under the rules of orders adapted 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 the group a
few extra minutes. In that instance, we would ask speakers when they sign up to indicate their status
as spokesperson, the group they represent, and their request for additional time. Our procedure for
the public hearing is as follows: First, there's a brief presentation by the staff on the item before us.
Second, members of the public that have signed would speak will be called and given five minutes to
make their comments. The public hearing item on the agenda tonight is TLSPEX 2023-0004 Petco
Veterinary Hospital Battlefield Shopping Center. Mr. Parker?
Scott Parker: Madam Mayor, Members of Council, as this is a special exception request is a minor
special exception request for a veterinary hospital, a small one 1,769 square feet to go in a by right
Petco that's under construction, and under approval right now to go into the Battlefield Shopping
Center. This is the location on the map here and on the photos that I have. It's going into three spaces
that encompass the Baer's Mattress, former McCormick Paint sites, and a space that's been vacant
for quite a while.
Petco is relocating from an existing location to this area. The zoning on this is B-3. It's Community
Retail/Commercial District. It's also part of the Gateway Design District overlay. This is a minor special
exception. This is Town Council evaluation only. There is no PC review with a minor special
exception. This is part of a by -right Petco retail use, and the Town Council adopted the Zoning
Ordinance amendment to allow for minor special exceptions back in 2018. We've utilized it a few
times and it saves time for special exceptions that are considered, well, minor in nature.
The proposal is and this graphic has 1,749. It's 1,769 square feet of a veterinary hospital that's going
to be going into a 12,199 square foot pet store. The pet store is by -right as I said under the B-3, and
the pet store will be going in as well as some of the minor modifications that we have on the exterior,
Page 15INovember 28, 2023
whether or not the Pets Veterinary Clinic goes in or not. The minor exterior construction includes a
cart corral and a pet waste station in the areas that I have indicated here as well as some striping in
the area, what I've termed the barking lot.
I'm sorry. I told somebody that I was going to work that into the presentation, but that's to incorporate
some minor modifications to the loading dock, which will also be done whether or not this Veterinary
Clinic goes in or not and that allows for some turning movements that our Engineering Department is
looking at now. There is only one use standard for a vet clinic. Veterinary Hospital is the ordinance
described. Enclosed building and the building will be adequately soundproof and constructed, no
emission of odor and noise detrimental properties. We've seen this before.
The applicant has demonstrated a staff through sound batting and the construction techniques as well
as some new vent equipment on the roof that this use standard has been met.
It is incorporated into the resolution of approval and the conditions that the applicant is tied to that.
Special exception approval criteria in the ordinance have all been met. I will dispense with the reading
of the criteria unless somebody wishes me to do so. There are no outstanding issues with this. It's
been a pretty simple application and staff recommends approval.
There is a representative here from the management company. I don't think they have a presentation
this evening, but that does conclude my presentation, and I'll be happy to answer any questions that
you have.
Mayor Burk: Does anyone have any questions at this point? The only question I have is your map,
the second page showing the location. You said it was taking three different sites within that shopping
center?
Scott Parker: Yes, ma'am.
Mayor Burk: Is one of those sites still a business?
Scott Parker: It is a business, and obviously staff does not get involved with what's happening with
tenants or anything of that nature, but I do believe one of the three is still occupied.
Mayor Burk: Thank you. Does the property developer wish to speak?
Michael Ogden: Good evening. I'm Michael Ogden with Kimco Realty. We're the owners of the
shopping center. I agree with his presentation. I'm available for questions as well.
Mayor Burk: Anybody have any questions? [inaudible] At this point, there's nobody signed up from
the public. Is there anybody that did not sign up that would like to speak on this item? Being that there
is nobody, I will close the public hearing at this point. Is there any motion? Anybody not do one yet?
Council Member Nacy: I'II make it if you can -
Mayor Burk: Put it up there?
Council Member Nacy: -put it up there. [chuckles]
Mayor Burk: Thank you.
Council Member Nacy: I move to approve the proposed resolution approving minor special
exception TLSE-2023-0004, Petco Veterinarian Hospital, Battlefield Shopping Center with conditions
based on finding that the proposed veterinary hospital use is compatible with neighboring properties
consistent with applicable regulations of the Leesburg Legacy Town Plan and Town of Leesburg
Zoning Ordinance, and is consistent with the protection of the health safety, and welfare of the
community.
Page 16INovember 28, 2023
Scott Parker: Madam Mayor, I'm sorry, I need to interrupt for a brief moment. That should be
TLSPEX. That is our new numbering system. That's the old one so we would like to make that note,
please.
Council Member Nacy: [chuckles] Did you say T -L what now?
Scott Parker: TLSPEX.
Council Member Nacy: TLSPEX, okay. I will amend my motion approving minor special exception
TLSPEX-2023-0004.
Scott Parker: Bingo.
Mayor Burk: Thank you. Is there a second?
Council Member Zach Cummings: Second.
Mayor Burk: Seconded by Council Member Cummings and followed by Council Member Cimino -
Johnson. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed. That passes 7, no, 6-0-1. The next item is a Town-- I want to do that. The
next public hearing is the Town Code amendment to Chapter 34-1, Articles 1 and 2 in Section 34.1 of
Appendix B, Fee Schedule. I call to order this November 28th 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 will give you the opportunity to speak. In the interest of
fairness, we 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 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 speaker when they sign up to indicate their status as
spokesperson, the group they represent, and if they have a request for additional time. Our procedure
for the public hearing will be first there is a brief presentation by staff and staff has asked for 20
minutes, unless anybody has an objection to that, and the consultant about the item before us, and
second, members of the public shall have signed up to speak, will be given five minutes to make their
comments. The Town Code Amendment to Chapter 34.1, Utilities, Articles 1 and 2, and Section 34.1
of the Appendix B, Fee Schedule. It's your turn.
Amy Wyks: Good evening, Madam Mayor, Vice Mayor, Members of Council. My name is Amy Wyks,
Director of Utilities. I am here tonight in order to talk about the Utility Rate Study and Town Code
Amendments to Chapter 34.1. We also have Mike Maker from NewGen, the Rate Consultant for the
Town, as well as our Financial Advisor, Courtney from Davenport. Tonight we're here to request
Council action to approve Town Code amendments to Chapter 34.1, including water and sewer rates
and charges in Appendix B.
A utilities fund overview is the utilities system is an enterprise fund. Our fund must be solely funded
through availability and user fees. We must be self-supporting. We must operate as a business and
no general fund taxes that can be used. 2024 is our 5th and final year of the previous Council adopted
five-year rate plan. NewGen has recommended a new five-year rate plan for each Fiscal Year 2025
through 2029.
The rate study process, we've been at two previous meetings telling you where we are and where we
need to be. Previously the state of the utility talked about how we're a 24/7, 365 -day operation. With
the 365 -days obviously water main breaks don't typically happen during the normal course of a
Monday through Friday. They're usually in the evenings, holidays, in the cold. Again, we're a 365,
Page 17INovember 28, 2023
24/7 operation, and we're focused on asset management and capital projects related to our aging
infrastructure.
Where do we need to be? We need to continue to maintain our service. We need to complete projects
that are regulatory -driven. We need to meet the financial targets, and we need to make sure that we
have staff recruitment and retention in order to maintain those services and for our customers. How
are we going to get there? We definitely want to make sure we continue to provide high -quality of
service. We're going to maintain the existing systems with timely repairs and response. We're going to
complete capital projects and asset replacements. We're going to ensure the utility system is reliable,
safe, and secure, including safe cybersecurity.
I know the Town Manager very often forwards accolades from our customers related to customer
service and the field staff that help the customers. Another way we're going to get there and stay
there is to comply with Federal and State regulations both environmentally and with our permit. As
you know, there's currently some unfunded mandates that are coming from the Federal government
from the EPA with the lead, and as you know, the PFAS is to come.
We also need to make sure we have a sustainable long-term financial plan. As a result, the rate
consultant, the financial advisor, and staff recommends the five-year rate plan with rate adjustments
in order to maintain our AAA bond rating. This is an example of a current project over 10 years. We
need to do the solids and nutrient project at the wastewater plant that total over $75 million nutrient
removal be just under $50 million and solids processing at $26 million.
Some other proposed capital projects that we have are sanitary sewer pump station upgrades. At the
state of the utility, we talked about multiple pump stations that were built with subdivisions are now
well over 20 years, we're needing to focus on upgrading those. The water plant has some electrical
upgrades, just under $5 million, and the 3R, which is our repair, replacement, rehabilitation program,
similar to the general fund CARP, is just under $15 million.
We're talking a little bit again about inflation. As you can see here, inflation has gone up in the last
couple of years due to COVID. We are hoping and as part of the rate study and in the rate model, we
were conservative when we've used inflation at 2.5. In the event inflation is higher, the
recommendation would be for different rates. We have here just an example of how the chemicals
have more than doubled and tripled over the course of 2020 to 2023 due to COVID and the
economics.
From a financial sustainability, NewGen, our rate consultant modeled a comprehensive water and
sewer cost of service for the Fiscal Years of 2025 through 2029. The initial analysis came back and
concluded that the current rates that started in 2024 are not sufficient and doesn't meet the cash on
hand and the debt service covered ratio for the Town. The initial model projected a double-digit
increase of 10.8%. Staff recognized that 10.8% was not something that we wanted to recommend, so
we went back and looked at various scenarios with the consultant and the financial advisor.
As a result, during those scenarios in multiple meetings over many months, staff adjusted the Capital
Improvement Plan, we've deferred projects, we've also been able to update the model to use
approximately $16 million of cash on hand. By using these two strategies, we'll have to borrow less,
which then decreases the amount for debt service. We're here tonight to talk about our final five-year
rate plan scenario that meets all the targets and is an average rate increase of 4.1%. Other scenarios
when you go less than the average recommended 4.1% are not financially sustainable. They do not
meet the targets for cash on hand and debt service ratio. They could jeopardize the triple bond rating
for the Town, and it could result in larger rate increases in the future years. 0% does not keep up with
inflation as we talked about. Inflation is 2.5% in the model. It's currently more than that. Water and
sewer utilities are seeing at least 5% inflation. With the 0% proposal, a recommendation reduction in
operations, which typically is staffing would occur, operating budget cuts when we're already seeing
chemical costs increasing a 100% to 200%. Then additional deferment of capital projects, asset
replacement, and preventative maintenance. In the event of a 3% scenario, again, it's only keeping up
with the inflation we've talked about, and there would be a need for deferment of capital projects,
asset management replacement, and preventative maintenance.
Page 18INovember 28, 2023
With the risk of a lower rate increase lower than 4.1 that's recommended, there's the risk with utility
system failure, service disruption to our customers and security, and safety concerns, especially cyber
security. Just this week we've gotten two emails from the WaterISAC related to cybersecurity breaks.
The other risk with lowering the rate less than 4.1 is the failure to comply with the Federal and State
regulations. Again, we know that lead and copper is coming. We have PFAS and those regulations
with the nutrients also, and with the potential there with failing to do that comes fines for violation and
a consent decree.
Finally, I spoke about the potential of downgrade from the AAA bond rating that the Town currently
has. Little rate change history. For just over 10 years, there was no rate increase from 1995 until
2006. Then over the last 10 years, we had two rate studies that were five-year rate plans that picked
up from the zero rate increases. We had three years at seven and a half, two years at seven, and
then the last five years have been 4.5%.
The previous rate study projected for 2025 through 2029, which is what we're looking at tonight, and
their proposals were between 3% and 3.5%. I think what changed, obviously everybody knows what
was not predicted in that model was COVID supply chain inflation. Again, our 4.1 is addressing all
those things. Our recommended average rate increase tonight, that is a recommendation of the
financial advisor, the rate consultant and staff is 4.1 for the five years.
Again, how do we get there? We want to make sure to continue our high quality of service, comply
with Federal and State regulations, and have a sustainable long-term financial plan. With that, I'll turn
the presentation over briefly with Mike Maker.
Mike Maker: Thank you, Amy. Good evening. I was here two weeks ago. I believe I presented a
slightly longer presentation. This would be a condensed version of that. As Amy touched on the
drivers of the rate increases, they're really operating in capital. She mentioned your large operating
expenses are going to be staffing, so the actual people doing the work, electricity, and chemicals, and
then obviously supply chain delays has been an issue. All these things I've seen staffing, cost of living
adjustments, electricity, and chemicals greater than inflationary increases. Those are all kind of hitting
the rates.
Capitals, she showed that large project for the Wastewater Plant. A lot of these are regulatory -driven.
These are driven by the Feds, by the EPA. Nutrient removal improvements, solid processing at the
water pollution control facility, and then you've probably heard some of these forever chemicals that
they're in the news now. These PFAS and PFOAs. Those are not going away either.
What this chart shows, they didn't have this last time. This is a comparison of Median Household
Income, MHI, the grand CPI, inflationary index, and then there's a portion of the CPI. We talked about
this last time, but didn't have an actual chart. There's an item in this grand CPI basket for just water
and sewer services. This is comparing those three from the 20 -year period from 2000 to 2020. I
apologize, I didn't update it for the past couple of years.
As you can see, if we start an index of hundreds, these are all been indexed to a 100 base. MHI has
increased about 2.5% per year. CPI has been about 2% per year growth over time each year, and
then that one piece of the CPI, that's just for water and sewer has increased about 5% per year. You
can see it's outpaced kind of the grand CPI, and then also the median household income. This again
is just the recommended average combined increase that Amy has mentioned, the 4.1% per year,
each year the next five years. What this chart shows I had this last time is these column bars. These
vertical bars are the expenses of the system. With our base year '24 and the projected next five years.
Blue being operating expenses, so that's your salaries, materials, day-to-day expenses. The red being
any current debt service, any principal interest payments you're currently paying. The purple being
any new debt service from bonds. The darker green being new debt service from a line of credit. Then
there's that slight three-hour reserve contribution, trying to get that to the 2% of asset value.
Then the light green is the cash funding capital projects. Then that light blue line going across is how
much revenue you're bringing now. You can see it currently covers your operating expenses and your
current debt service, but does not cover anything above that. As we go through the five years, you'll
see it, there's a shortfall each year. That darker blue sloping line going up to the right, that is our
Page 191November 28, 2023
recommended, that's the 4.1% overall water and sewer combined increase. You can see even that
line is below the total of the vertical bars and that's just incorporating the use of cash to help mitigate
the rate increase on customers.
This is the first of one of our metrics, the utility cash balance. You can see again, these blue bars are
projected cash on hand, and you can see this number is actually dropping from $35 million in 2025 to
about $25 million in 2029, so the use of $10 million over that five-year period. The five is your current
informal cash policy, minimum cash of 90 days. The green is the target cash on hand, the 270 days,
which is recommended by NewGen and the Financial Advisor Davenport. You can see we are using
cash until we're just about meeting that target.
The other metric we look at is debt service coverage. This is how many times your revenues, less
expenses can cover your debt service. Here again, the blue being the coverage, the red line, sorry,
it's not showing the legend there, but that's your current minimum, but I think it's 1.25, then the green
is the 1.5 recommendation. Here, you can see we meet that target in every year except for 2025.
This is the impact on an actual bill. We'd like to say customers don't really care what their rates are.
They want to know what the impact on their bill is going to be. Here's a quarterly bill, the water, the
sewer portion, and the combined portion. Currently, customers pay, if they use 12,000 gallons, and
they have a 5/8 -inch meter, which is probably 90% of your customer base have that base meter, they
pay about $250 per quarter. That would go up to $255, about a $10 increase per quarter. Then as you
can see, it increases with the 4.1% increase.
This is a comparison to some other surrounding utilities. We're calling a local comparison because it
includes Loudoun Water and then some other towns and cities within Loudoun County. Here, you can
see you're currently second lowest, and with the recommended increase for next year, you'd be about
the middle of the pack. One thing this does not show is any proposed increases the other places
might be proposing because we only know what's available on their Web sites or from public
knowledge, so these could be higher. Again, the blue is water, the green is sewer, and then the total
on the right.
Moving over to availability fees. As you know, user rates are for current customers, availability fees
are one time for new customer charges. These help offset the capital costs of your backbone capacity
in the system, so major mains, interceptors, pumping stations, treatment facilities. This calculation has
to be based on the capacity of your system and then the cost of that capacity.
Here, we looked at the analysis, and the water fee appears to be adequate, but the sewer could
certainly be increased so that growth pays its own way. These sewer availability fees, which are
shown in gallons per day, those reflect a 10% increase each year the next five years. I'm going to turn
it back to Amy.
Amy Wyks: Also, with the advertisement for the public hearing, we do have some batch -type
amendments to the text for the Articles 1 and 2 in Chapter 34.1, as well as we advertise current and
proposed rates for other fees and charges within Chapter 34. This advertisement was completed as
required by the Virginia State Code. Again, in summary, we want to talk about how are we going to
get there. We want to continue to provide the high -quality of service by maintaining our existing
systems and having timely repairs and response.
We want to complete proposed projects for capital and asset replacement. We want to ensure the
utility system is reliable, secure, and safe for our customers. We want to make sure to comply with all
Federal and State environmental regulations and predict and be prepared for the unfunded mandates
that are coming. We want to have a long-term financial sustainable plan. With that, it includes a
recommendation of 4.1 rate adjustments in order to also maintain our AAA bond rating.
Again, with the risks, with lowering the rate other than 4.1 adoption as it could be the potential of a
downgrade from the AAA bond rating, risk of failure for the system itself, a service disruption to our
customers, and non-compliance to our Federal and State regulations resulting in fines and/or consent
decree. Again, I would prefer not to stand in front of Council in the future as they had to in Jackson,
Mississippi in order to talk about aging infrastructure and failure.
Page 20INovember 28, 2023
Again, a utility fund recap, we are to be self-supporting and an enterprise fund, no tax dollars. The
utility fund is vulnerable in the economic times. We have fixed costs during economic hardships no
matter what's going on. We've talked about inflation, and we don't have the ability to control that. We
still are seeing supply chain concerns. We've seen changes in usage patterns. The previous rate
study showed that our average residential customers are using about 14,000 gallons per quarter. The
median today is 12,000. With low flow fixtures, we are seeing customers use less. Usage pattern also
can cause us to be vulnerable.
We have customer expectations. We're an on -demand service. We need to be ready to serve. The
enterprise fund must be self-supporting. We cannot be in a deficit. Again, tonight, the Financial
Advisor, the Rate Consultant, and staff are here to support and recommend a rate increase of not less
than 4.1%, as that would not be financially sustainable. Again, our recommendation is to adopt the
proposed utility five-year rate plan for Fiscal Years 2025 through Fiscal Year 2029, adopt the
proposed sewer availability fees, and adopt the minor tax amendments and other proposed charges.
With that, again, we're here to ask Council to approve Town Code Amendments to Chapter 34.1,
including Appendix B. With that, we will go to questions and answers.
Mayor Burk: Are there any questions at this point? Ms. Nacy?
Council Member Nacy: Thank you.
Mayor Burk: We've got Dr. Cimino -Johnson.
Council Member Nacy: Out of curiosity, why do we set five-year rate plans? Is there any legal
reason behind that or is that just like a best practice the Town has done or is there a reason we do
five years ahead?
Kaj Dentler: I can address that. No, there's no legal requirement and each year you have to
appropriate and approve a budget. Even though you're setting a five-year rate plan, each year you
actually vote in the budget in March on what that rate will be. We will present the budget based on
what you advise in the five-year. How we got to the five-year, if the slide that they showed probably 15
years ago, 20 years ago, the Council did not raise rates for 10 years despite the recommendations of
staff, rate consultant, and financial advisors. When the decision was made to raise the rate, Council
raised the out -of -Town surcharge from 50% to 100%, so the Town residents' rate did not go up. That
was legally challenged. We lost in the General District Court. We did win in the State Supreme Court,
but during the interim of that, we were Court -directed to create new rate formula. Council did that with
management and our advisors.
As part of that process to get to your question, Council chose to have a long-term sustainability plan,
which was a five-year outlook versus year -by -year. It was also designed to make the decision a little
easier for the Council Members politically to be able to make a hard vote. We all recognize that you
have to make a hard decision on rates for our customers. It was designed for business reasons, long-
term sustainability, easier politically, but also to tell our creditors, our financial rating agencies of what
our long-term sustainability plan was. That's how we got to a five-year plan.
The last part I would add, since you opened the door for me [laughter] is that because Council chose
not to raise rates for 10 years, and then tried to pass the rate increases onto out -of -Town customers,
we had to come up with a game plan that-- If you show that slide of the increases, please. Because
we deferred projects, we did not hire staff, we reduced staff, we put off maintenance, we did
everything we could to make it work with what the money we had because what you heard from the
staff is we have an enterprise system.
Revenues have to meet expenditures. If it costs $100, I got to have $100 in revenue. If consumption
goes down and I can't have the same amount of revenue, my costs go up. I've got to make the
difference. That's why you see a recommendation. What you see in FY '15 through FY '24 was known
that for first five years, we're going to have a higher rate of increase to catch up for what we didn't do
for 10 years.
Page 21]November 28, 2023
It was known 15 years ago that the target for the current five years that we're looking at, for 25 to 29,
the goal was 3 to 4%. What you heard Amy tell you is no one knew COVID was coming and the rise
of inflation. When you look in as well as additional regulatory requirements that are unfunded
mandates, when you look back for 15, 20 years ago, what your advisors and your rate consultants,
and the staff predicted is almost right on target.
The short answer is there is no legal requirement. It's a long-range financial plan to keep the system
operating at the reliable, safe, compliant level that our residents expect and avoid issues. We don't
have a problem with the system, so we're trying to avoid being in that boat. Sorry for the long answer.
Council Member Nacy: No. I appreciate that, and I'm sure the public does too, the background. The
sentiment that if we don't pass the rate increase and it will cause staffing operations obviously would
have to be decreased staffing decreases. Does that include the five new positions that are slated?
Then, in addition, we would have to cut current staff, or could we eliminate the five new positions that
are slated and somehow decrease the rate?
Clark Case: The five new positions are included in the increase. If you leave it at zero, you're in effect
taking a 2.5% to 3.5% cut in the real buying power of the system. You would have to reduce existing
staffing levels or reduce existing service levels to live within your means. A 0% is actually a cut in
terms of your real buying power because you still have to pay the new prices for the chemicals and
the electricity and all the other things that go into producing the water.
The same is true with the construction costs. You're squeezing the system if you leave it at zero. If
you only give it inflation, that leaves you standing where you are. That gives you no money to fight the
cybersecurity battles, to upgrade the SCADA systems, to put into place the network security that we
need, to keep people from breaking in and bringing the system to a halt. There are significant risks in
not investing in that infrastructure and it requires specialized people skills to operate those new
SCADA systems and to maintain them and upgrade them and to continually evolve our defenses.
That's just one aspect of it. That runs as a thread throughout overall all of our capital plan plus a lot of
it is now mandated by the Federal government and DEQ. If we don't comply, we are subject to
potentially penalties or even them ordering us to raise rates and do certain projects, nutrient removal,
for example, and those sorts of things, these are mandates that are in the pipeline. We know they're
coming, and these rates get us to just enough to cover that. There's nothing extra in it. Same with the
staffing.
Council Member Nacy: This a general question, when the rate study was done, does it account for
future customers that we know are coming online in the next five years or the potential of winning
things that may be in litigation right now? Does this include that?
Clark Case: We're not banking on winning any litigations, we're not programming anything in, and we
don't know we're going to get or have a very high probability of getting. We might get some data
centers. If so, that allows us to come back later and modify this plan later if we need to or if we have
the opportunity. If we get large availability fees, it might mean we have to borrow less. Those are birds
in the bush, not birds in the hand. This is a bird in the hand model.
Council Member Nacy: The cybersecurity stuff, what are we doing now to protect our system if we
don't have employees in place that are handling that now?
Clark Case: We're doing a lot of that's really a Kuba, IT Director answer. I can tell you that we're
doing a lot of things to protect the overall network. CrowdStrike, we've gone to the cloud for many of
our systems, but what's different here is the utility system has a lot of equipment and processes that
are run by automation. It turns open valves, closes valves, meters things, and makes adjustments
based on what the readings are, tracks a lot of information that comes in from the equipment. It's got
very specialized systems.
The SCADA system we're running right now is very old, and those older systems are susceptible to
zero -day hacks where they can come in and get into the system. It is really necessary that we replace
those control systems. They're not like the regular network, which we have a lot of protection in to
keep you from breaking through. These older SCADA systems don't have those protections built into
them. Plus, as you replace it with newer equipment, you have to have a control system that comes
Page 22INovember 28, 2023
with that new equipment that is compatible with your new equipment as you do your equipment
upgrades. We have to bring people in and we have to implement systems that can control that
equipment.
Mike Maker: Can I add to your last question on growth?
Council Member Nacy: Sure.
Mike Maker: There is growth built in so I don't want us to think, "Oh, we didn't incorporate growth."
We don't need to do an increase in growth, it will save us. We were conservative so we we're about a
half percent on customers and about a 1.1% on usage growth so that is incorporated in the bill. If we
didn't have the growth, these would be higher increases.
Council Member Nacy: Thank you. Final question, for the public's sake, talk a little bit about how
does not approving this put our AAA status at risk?
Courtney Rogers: Good evening, Madam Mayor, Council Members. Courtney Rogers with
Davenport & Company, the Financial Advisor. To answer that question, and I know two weeks ago
when we talked about where we were in relation to other entities, one of the things agencies do is
they look and see where you are in relation to others. We set some base assumptions for Mike to set
his model at to try to at least meet a 270 days cash. That was one item. The other item was 1.5%
times coverage. Even though 125 is our base, we want to have a little more in case there is a rainy
day. We went back and looked and compared to some of the other systems around, and what the
rating agencies are going to look at the same thing, which is how we compare to others. If we end up
at that 15 or 125, we are going to be at the bottom of anybody in the Northern Virginia, Virginia region
when it comes to large utility systems. When we look at 270 days cash, we are going to be at the
bottom. I think there was like one other entity that was lower when we looked at where they stood
today.
What does that mean is that we are going to have to explain to the rate agencies how we are going to
get by. What we've got to make sure we tell them is that we're not going to get into the general fund
because what happens is if we start getting the general fund, then we start running a risk of the bond
rating on that side as well. We're trying to keep, it's your credit score when you go out and buy a car
or a home. If you're not at the very top, then you've got to explain how are you going to pay for this.
That's what we're doing, and I'm using a very high-level example, it's what we're doing on the rating
side.
If we're going to be at the bottom and if we set these rates as low as we possibly could without giving
ourselves much room to fall. What I mean by that is, you might have heard in Amy's presentation, she
said we started at 10%. Then they went back and said, "Okay, let's really look at our capital plan.
Where can we make some modifications?" Because capital is a big part of this, debt service costs,
things like that, because there's some big dollars involved in running a water and sewer system. The
operational side of it that Mike's got incorporated in there is a big part too but debt service can really
drive rates higher. That was one of the big things that brought it down. Then part of this we haven't
really gotten into with you guys is we, the Financial Advisor, got involved at that point with what was
the capital plan reduced, and said, "How can we make our debt service even lower?"
What we did is we came up with a plan and said, "Look, you're not spending your money as fast as
you have in the past because of supply chain issues, things like that." Let's just borrow what we need
as we need it, what we call a bond anticipation strategy, meaning we pay only interest once we pull
the money down from the banks. That brought the rates down even further.
We have basically pulled out, I'll say as many tricks as we can that are going to keep us strong to get
to this 4.1%. If we go lower than that, we're risking a straw or two being pulled out from under us and
then we're falling. Then we're explaining. When we're explaining, guess what, everybody starts
looking a little bit closer at what's going on in operations. Is it going to immediately downgrade us?
No, but over time, it could definitely erode our bond rating down into the AA category.
Mayor Burk: Dr. Cimino -Johnson.
Page 23INovember 28, 2023
Council Member Cimino -Johnson: Thank you for your presentation. I just have 34 questions here.
I'm just kidding. Probably 14.
Mayor Burk: I was going to say, I'm not sure he is.
[laughter]
Council Member Cimino -Johnson: You mentioned the unfunded mandates coming. Can you tell us
when they're coming? Do you know a date?
Amy Wyks: Lead and copper, we have to do phase one October of 2024. PFAS has not had a date.
It's currently under review. We anticipate getting information about the PFAS, the forever chemicals in
2024. We don't know the timeline for that. The nutrients and the solids that we're talking about, that's
part of our permit. That's already in our permit today. We need to make certain that we're meeting our
permit. That's why we're looking at that now, anticipating that the solids are changing with lower flow
coming to the plant.
Council Member Cimino -Johnson: That's all we know right now?
Amy Wyks: I'm sorry?
Council Member Cimino -Johnson: That's all we know of the unfunded mandates? Let's see. I don't
know who this is directed to, but how did we receive AAA bond rating by not increasing our rates for
10 years?
Clark Case: We were not AAA bond rated that time. We haven't become AAA rated until 2015.
Council Member Cimino -Johnson: 2015.
Clark Case: Getting some of these ratios in place, getting our general funds, unassigned fund
balance up to 20% from 15%, putting into place the reserves that gave the rating agencies comfort
that if we fall into a recession that the Town's going to be resilient enough to be able to withstand that
is what got us our AAAs. Then they do a surveillance with us every year, all three, and each of the
last three years they have reaffirmed our current ratings and stable, but a lot of what they look at is
our long-term sustainability plan, both for general fund and for the utility fund.
They're looking at our capital spend because the Capital Improvements Program drives how much
debt we have to borrow because first of all, it's only fair to the ratepayers and to the taxpayers, that
people are going to use those facilities over the next 20 years, help pay for it. That the current rate
payer doesn't pay the whole great big freight for a big new plant expansion or a large equipment
replacement. From a rate payer and taxpayer equity, spreading it out over time is a fairness issue.
Beyond that, the rating agencies want to know, "You're not living hand to mouth. You've got a plan.
You know how much you're going to spend, you know how much you're going to borrow, and you
know what your revenue is going to look like so you know how you're going to pay for it." They want to
see that long-term plan. When we go, we bring in our six -year Capital Improvements Program, we
bring in our five-year rate approvals or projections, we bring in our rate study, and we bring in our
long-term sustainability plan.
They have questions about all of it. They want to make sure that we're not just running the general
fund well, but we're also running a sustainable utility system that is self-sufficient.
They don't want to see that you're having to raise taxes in a downturn in order to fund your utility
system. We have neighbors who are doing that, and it's a fiasco for them. We don't want the
taxpayers to have to pay higher taxes for the utility system, and we don't want the utility system
people to have to pay more to support the general fund. Each one's operated as a separate business.
The utilities fund is totally funded by the fees, the rate fees. It doesn't have another source other than
availability fees, which are not earmarked for running the system. They're earmarked for capital
improvements and the replacement equipment and expansion of the system.
Page 24INovember 28, 2023
Council Member Cimino -Johnson: Were we AA before we were AAA?
Clark Case: Pardon me?
Council Member Cimino -Johnson: Were we AA before we were AAA?
Clark Case: We were AA and then AA -plus and then we moved up to AAA when I came.
Council Member Cimino -Johnson: Excellent. Let's talk about first quarter of this year. What was the
budget versus actual for July to October?
Clark Case: I don't have that number with me. It's in the Dashboard Report. Looking at the first
quarter results is always difficult to see what's going on because our revenues do not come in monthly
in even amounts, utilities' bills quarterly, and as a result at the end of the first quarter --
Council Member Cimino -Johnson: Don't we accrue?
Clark Case: We accrue. Most of what comes in the first two months of the first quarter back to the
prior year because those are really for water that was used in the prior year. When you're looking at
the first quarter's results, the bills that are for the water used in the first quarter, much of that won't get
paid until the second quarter. Your first quarter revenues are going to look really low and your
spending though is going to be relatively stable because it's paying salaries and for chemicals and the
electricity, so the revenue tends to follow the expenditures. The expenditures come first, and then we
get the revenue. That's one of the reasons why we need to have enough cash on hand, that we're
constantly fronting the expenditures, including the capital projects expenditures, and then getting
reimbursed for it after the fact, either by the ratepayers or by bond draws.
Council Member Cimino -Johnson: That brings me to another question. Is everybody billed at the
same time?
Amy Wyks: No.
Council Member Cimino -Johnson: No.
Amy Wyks: We have six districts and they're billed differently on quarterly cycles. One District is
being billed right now. Another District will be billed later in December, one's after Christmas, then we
got January 4th, or January 10th, so it's all rolling. The District is the same 90 days, but no two Districts
are the same.
Clark Case: They're not the same size in terms of the bills. Some of them have more commercial,
some of them have more residents, some of them are more spread out so they have fewer residents.
Amy Wyks: Correct. Like one district has 2,000 accounts that we bill, another one has over 4,000.
Council Member Cimino -Johnson: Thank you. If I remember, at your last presentation, we talked
about the supply chain messing with the 3R program. How is that looking today? Has anything
changed? Do we know when that backlog will clear up?
Amy Wyks: We don't have a prediction for that. We are still seeing 12 to 18 months for some unique
parts at both plants related to electrical equipment. The dryer for the biosolids was that at 18 months.
We don't see the light at the end of the tunnel quite yet, but we're hoping that it's coming.
Council Member Cimino -Johnson: Is there an unallocated fund balancing utility fund?
Clark Case: Yes, you need an allocated fund balance in order to have working capital to have
reserves for the unexpected. We've had a long drought. If you see water conservation go way up, that
means your revenues go down. If people don't irrigate because it rains a lot, then again, your
revenues will go down. You have to be able to weather the storm. As I pointed out, we tend to pay the
Page 25INovember 28, 2023
expenditures up front and then the revenues come in later that pay for those expenditures. You have
to have a significant amount of working capital, especially in utilities because it is so capital intensive.
Council Member Cimino -Johnson: Do we know the balance of that at the end of the quarter?
Clark Case: I'm sorry.
Council Member Cimino -Johnson: Do you know the balance of that as in the end of the year?
Clark Case: Oh, at the end of the year? Yes, that'll be in the presentation and in the annual financial
report that you'll be getting at the first meeting in December. It has not been signed off on by the
[crosstalk] --
Council Member Cimino -Johnson: That's not going to help me right now.
Clark Case: Pardon me?
Council Member Cimino -Johnson: That's not going to help me right now.
Clark Case: It, unfortunately, does not help you very much. I can tell you that my expectation is we'll
make somewhere around a little over $2 million in the utilities fund in addition to fund balance, and
that the utilities fund is healthy at this time. It's not that the utilities fund is sick, it's not, it's just that we
need to keep it healthy.
Council Member Cimino -Johnson: Okay.
Clark Case: It is operating in the black, which it really must, and it's producing a net margin of around
somewhere, and this is off the top of my head, around 8%.
Council Member Cimino -Johnson: The 3R program, where are we in relation to that? Are we
behind in doing projects? Are we on time or are we ahead of the schedule?
Amy Wyks: I would say for most 3R projects we're behind. Again, it's getting the contract documents
ready, working with the engineers to get documents prepared, the bid process, contract signing, and
then just again, the parts having the contractor's bid and then even getting the prices coming back,
evaluating the bids. Are they within budget? When they come over budget can do we have the money
to appropriate a supplemental? We are behind from that standpoint, but we have been making
traction in the last six months.
Clark Case: You might want to speak to the replacement cycle timing as well. The system has not
historically been replaced as quickly as best practices would indicate. When we came out of the 10 -
year no rates, I believe it was on a 100 -year replacement cycle. I think we're down around 75.
Amy Wyks: We're at 50 and our goal is to get to 40.
Clark Case: We're at 50 and our goal is to get to 40 years to replace.
Council Member Cimino -Johnson: We're at 50 now.
Clark Case: Pardon me?
Council Member Cimino -Johnson: We're at 50 now, is that what you said? I can't hear.
Clark Case: We're at 50 now, and our goal is to get down to replacing all the assets in the system on
a routine schedule 40 years.
Council Member Cimino -Johnson: What is the industry standard for that? Is it 40 years, 50 years,
30 years?
Page 26INovember 28, 2023
Mike Maker: It's going to vary by asset, your pipes, depending on the material, soil conditions. They
may last 60 to 80 years and they don't-- Some of the older pipes were put in after the World War II are
lasting longer than pipes were put in the 70's. It varies. Buildings, facilities those aren't going to last,
what, 30 years maybe? Of course, in your financial records, you're going to put different numbers in
the actual asset life just so you can depreciate them faster.
Clark Case: The point I'm making is that we're not replacing the assets faster than you would expect.
We're probably slightly behind the best practices curve. We're not quite at best practice, but we're not
real far behind it either. Utility assets can last long time, but some of them have to be replace on a
short schedule too.
Council Member Cimino -Johnson: Then how much of the utility expenses unfunded mandates by
the Federal and State government, like dollar -wise every year.
Mike Maker: Depending on which source you ask, you're at a different number. For the PFAS, you've
got all different numbers. EPA gives one number AWW, which the American Water works is a
different number, but they're in the-- not specifically for the Town, but nationwide to handle all the
PFAS. It's on the billions.
Council Member Cimino -Johnson: We're not doing that program yet?
Mike Maker: No, not yet. We're just talking about some of the unfunded.
Council Member Cimino -Johnson: [crosstalk] I'm talking about today. [crosstalk] like today.
Amy Wyks: Today is mostly the lead and copper revisions, and that's coming in October of 2024. We
currently have an RCIP approximately $500,000 a year for at least four to five years.
Clark Case: We spent on the permit requirements. Did you believe the permit?
Amy Wyks: The permit requirements goes back to the 10 year project that I talked about with
nutrients and the solids. That's just under $75 million.
Council Member Cimino -Johnson: $75 million. That's what we've spent?
Clark Case: No, that's -
Amy Wyks: No, over the next 10 years, we just started the preliminary engineering phase for that.
Council Member Cimino -Johnson: We don't have any Federal or State unfunded mandates?
Clark Case: No, no, that's not true. The issue is that the big mandates are not in annual spending of
expenditures each year. They're in how you have to reconstruct your capital facilities in order for
those facilities to extract the pollutants out of the sewer system, for example, or how you have to
purify the water before you can pump it into the system to get rid of the PFAS type chemicals.
To do that, it's not you spend $5 million a year to do that. You do that by building a facility and
creating processes that perform that function. There will be an annual cost going forward, but you
have to build it first. What we're trying to do is get it built.
Council Member Cimino -Johnson: Okay but we haven't prior to this, we haven't paid for unfunded
mandates? If we were to bill the Federal government for laws they created and said, you have to do
this, but we're not giving any money, that doesn't exist?
Clark Case: We don't measure it that way. We do what we need to do to keep the system within
requirements and to keep the system operating under the best practices. We don't separate it out
whether it's an unfunded mandate or not, we just have to pay it, because they're not going to help us --
Page 271November 28, 2023
Kaj Dentler: I was just going to inject. I am sure in the history of the Town's utility system that we
have had to pay for several unfunded Federal and State mandates. Can we tell you exactly what that
is? We can't do that right to this second, but to assume that we've never had to do that would be a
false narrative.
Council Member Cimino -Johnson: Because I keep hearing that term thrown around like, "Well, it's
the State and Federal government's fault, because you're making me do stuff, but you're not telling
me how much we're being told to spend on that or we have to spend." I think we have to have a
number for that if we're going to blame the Federal and State government for mandating us to do
something, but we have no idea what that cost.
Amy Wyks: I think the other to highlight is the fact that both plants have operate under a State. Water
Plant, it's the Virginia Department of Health permit that we have with them, so we have requirements
that we have to meet within that permit. The same as at the Wastewater Plant. We have to meet the
Virginia Department of Environmental Quality Permit regulations. I see that more as the permit. It can
be seen as an unfunded mandate, because we have to meet the permit. We have to meet nitrogen
and phosphorus and the solids concentration, we can't just dump whatever to the river or the Panda
power plant doesn't want water that's not meeting our permit. Is it unfunded mandate or is it meeting
the permit?
Clark Case: It's also something, we don't track it that way. If we've got to do X, Y and Z to meet the
requirements, we do what we need to do and pay what we need to pay to meet the X, Y, Z
requirement. We don't track and say, "Oh, this much of it we would've paid to just pump water, and
this much of it is to meet that higher standard." We don't separate it that way. We build the facilities
and perform the operations necessary to meet the standard. Whatever that takes is what it is. Is it
mandated that we have to meet the standard? It is, but how we meet it is up to us. That's what we
want to stay at, because we then have control over how much we spend in order to do that and when
we spend it and how we finance it. If you don't meet the requirements, then they come in and they tell
you and they impose upon you what you need to do. You never want to have to come under a
Federal or State mandate of-- I'm trying to think what the word for it is.
Amy Wyks: Consent Decree.
Clark Case: The Consent Decree, yes. You never want to be under Consent Decree, because then
the State agency or the Federal agency tells you how much you have to spend, they tell you what you
have to do, and they tell you when you have to do it, and they basically court order you to set the
rates necessary to pay for that. It's much better for us to manage it, for us to time it, for us to finance
it, and for us to decide at how we go about meeting that requirement. The answer is, is it a mandate?
Well, it's a mandate that if you don't, they'll make you, so we do.
Mike Maker: One example would be the Hampton Roads area right now. HRSD is the major sewer
treatment provider and all the- there's 13 utilities down there that'll collect the sewer and then pass it
on HRSD, and they're under consent order now for hundreds of million dollars over the next 20 years
that they have to clean up their sanitary sewer systems.
Council Member Cimino -Johnson: Then looking at the financials that someone put together for me.
I don't know who that was, but thank you. That was very helpful. Looks like we pay for everything but
future capital, our current capital needs with our revenue. I think you said that as well earlier.
Mike Maker: Oh, where I showed that chart. Yes.
Council Member Cimino -Johnson: Yes. Is that typical for a municipality?
Courtney Rogers: You talking about for PayGo Capital?
Council Member Cimino -Johnson: Yes.
Courtney Rogers: It is, because it's a balance. If we go out 100% borrow everything, then we've got
more debt service, then we've got more coverage, which means we need more revenues and we're
paying interest to do it. But if we can balance it and use some of that coverage-- Again, the target we
Page 281November 28, 2023
were using was 1.5 times, which means you're collecting 50% more than you really need to cover all
your expenses and debt service. Those dollars get put back in as an investment, a cash investment, if
you will, back into the system. That's what that PayGo line, that's what we called it. Capital PayGo line
in the numbers that produce for you each year. That number's going to vary depending upon what
types of projects that they've got going on. That's part of the reinvestment of pipes, replacing pipes,
replacing equipment, replacing pump stations, things like that, that go on.
Mike Maker: You want to get to a policy of using PayGo for routine, things you're doing every year,
pipe replacement, 3R program, and then save the debt for really lumpy one-time large projects. We
talked about intergenerational equity. Future customers will also benefit from the treatment plant as
well as existing customers. By having it amortized over time, you can spread out that cost.
Clark Case: Our 3R program is overwhelmingly paid with cash PayGo, and then the Capital Projects
fund has a portion PayGo and the bulk of it with debt, because those are big dollars, $10 million at a
time.
Council Member Cimino -Johnson: How much is in the Capital Project fund?
Clark Case: I'd have to get you that number. I don't have it off the top of my head. What do you mean
by in the Capital Projects fund? The Capital Projects fund holds general governmental projects as well
as utilities projects. The utilities pays for its projects and General Funds pays for theirs, but they're
tracked through the capital projects fund.
Kaj Dentler: Amy, do you know the total capital project budget for utilities only? Your entire budget is
23 million, approximate number. I think it's 15 million or something like that, seems to be my memory
of what the— Keith, if you can look that up number, it's in the budget book.
Amy Wykes: 16 million in Fiscal Year '24.
Courtney Rogers: 16 for budget for '24. 16.01.
Council Member Cimino -Johnson: Let me see.
Courtney Rogers: Part of that is the drawdown. Remember some of the charts had days cash pretty
high, but part of our plan to try to keep these rates low is to draw that down over time, closer to that
270, because you're well above the 270, I don't remember what the days are now. It was 605 in '24.
What we're doing is we're going to- rather than keep rates higher, we're going to bring them down and
use some of that cash. We're using 16 million in '24, 7 million in '25, and then only 4 million-- The
number's coming down as we're bringing the cash down, that PayGo.
Council Member Cimino -Johnson: Okay. Thank you.
Mayor Burk: Gentlemen, could I ask you to move your mics closer to you? It's very difficult to hear
you.
Courtney Rogers: Yes, ma'am.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: Thank you very much. Balance I think is a key word here. I just
wanted to thank whoever provided the different scenarios with modeling. That was very, very, very
helpful for a simple person like me to help visualize things a little bit. It's a private, it's a public
enterprise. This is not a tax. This is a public enterprise, and the world of private enterprise, setting
pricing and all that is a big thing. There's a concept called willingness to pay. What is the market
willing to pay? Obviously, we're not dealing with a market here. It's a utility and it's a monopoly.
The question is, what is a sustainable fair rate? What is that rate that is sustainable, that ensures
sustainability, that ensures safety, and ensures reliability? That's where that balance is. What was
really enlightening from the diagrams, the modeling was the different levels like 3% and 0%.
Obviously, we need to keep up with expenses and inflation. That's just the reality of things. We can't
Page 29INovember 28, 2023
operate at a loss. That doesn't make sense. The question is, looking at the modeling at the 3% level --
Do we have that up here showing the targeted days cash on hand, the minimum days cash on hand?
I don't remember if [crosstalk]
Clark Case: I believe that was in response to the question lists that were sent. I don't know if we
included it in any of the reference slides or not. I don't believe we have it there. It's in the question and
answer packet that was sent out to the Council this afternoon. The request came in I believe this
morning. We turned that around pretty fast.
Council Member Bagdasarian: You did and I really appreciate that. That is very, very helpful. We
talk about the inflation rates, and I think right now it's about 3.4% or something like that. The question
is if we had, let's say, a tighter balance-- I know the 3% target average in the modeling, it was pretty,
pretty close. It was certainly tighter than the 4.1%. What would the implications be if with, let's say, a
3.5% target average? How would that cause any issues with quality of service, sustainability safety -
related issues? Because that's a little bit tighter, but that's certainly --
Courtney Rogers: I'll let Amy speak to the service side of it. As far as the numbers go, and I'm just --
Obviously, I haven't seen a 3.5% case, but looking at the 3% case, and I've seen the 4.1% cases. The
one thing that gave me pause on the 3% case was the fifth year all of a sudden drops below our
guidelines. Our targets, if you will. It goes back to what I was speaking to earlier. We're explaining
now to why we put a plan together that doesn't work, that doesn't meet our targets? Then we're trying
to explain to the rate agencies. At 3.5%, I'm just speculating that that number would be higher and
might be above our guidelines there. 3.5 might be, from a financial standpoint, something that might
be viable.
The issue is that, again as I mentioned earlier, where's that straw that all of a sudden gets pulled out
from under us? If we hit a point where all of a sudden inflation continues and things cost more from a
standpoint of let's say capital, things that regulatory -wise we have to go out and borrow the money. If
interest rates are higher than what we projected, the cost of the projects are higher, then all of a
sudden our debt service is higher and that's going to hurt our coverage in the out years. Those are the
things that we try to be conservative with what Mike was doing in terms of assumptions, but we also
are trying to be realistic as well, trying to hit that balance. If we go at 3.5%, not saying it won't work, it
just doesn't give us much room for something not going our direction. Amy can speak to the safety
side of it.
Clark Case: In looking at the packet results, the first year, we're not hitting the one and a half, we're
at 1.32. In 2025, you go into a recession and people start really getting tough about cutting back on
their water usage, not watering their lawns, those sorts of things, you're very close to your 125
minimum that you have to have. The next year is 1.37. You do get up to 1.49. In the third year out,
you're at 1.6. The fourth year you get up to 1.8, the fourth year of the new rate study. Then you're
back to 1.39, the fifth. Four out of five years, you're not meeting your goals.
When we go into the rating agencies to get our debt funded, they're going to want to see that our plan
and what we're setting our rates at for the next five years are going to meet the goals that we've said
we're going to meet and meet the targets that we say we wanted to meet. If you miss it the first year,
as long as you've got a plan on how you're going to get there, the rating agencies are fairly
understanding. At least they have been in the past. If your plan doesn't really get you there
sustainably consistently, then they're going to start questioning how good your plan is.
They're going to start saying, your plan isn't consistent with what your targets are or the standards
that we expect people to meet when they want to be triple -triple-A. The plan needs to support the
minimum standards for being triple -triple-A. The other thing you've got, is the reason for these
standards is not that you just need this to operate, it's also you need a margin so that if you have a
bad year, you lose a major water customer, you have a major drought, or you have a major event that
within your utility system where you've got to spend a lot more money than you expected to replace a
major facility like we did when the dryers failed, then you've got enough money to get you through that
period.
It can be over on the expenditure side or it can be on the revenue side. You don't want to have to turn
around and try to raise rates in the middle of the year because you have major plant failure. You want
Page 301November 28, 2023
to be able to just go get the money you need, to draw it from your debt, and not overpay for that debt.
The reason for the standards is for you to have a sustainable and resilient plan. It's not just
sustainable, it's also resilient for the unforeseen expenditure or the unforeseen revenue shortfall.
Council Member Bagdasarian: Going back to the point, that's the magic is getting at that
sustainable fair rate. What is fair, and I would love to see even more modeling, punching in that 3.5%,
let's say, or 3.9%. What does that mean on an average water bill, for example. What is sustainable?
Does that bump up? Because just looking at that 3% modeling, it's just below that target day's cash
on hand for 2029. It looks like just about at that level. If we could get there, I think that would be an
ideal situation. It's a little bit leaner than we want to be, and I understand and I appreciate-- Obviously,
we want to have as much cash on hand, prepare for that rainy day fund that we may or may not need.
I'm just thinking where we are right now, it might be if we could even get it tighter, I think that would be
worthwhile. Thank you.
Mayor Burk: Mr. Cummings. Oh, you [inaudible].
Council Member Cummings: Sorry, thank you. I didn't mean to. Oh, well, anyway. I've just one
question and I promise it's just one question. Does staff anticipate needing to upgrade capacity at
either the water or the sewer treatment facility in the next five years?
Amy Wykes: Not at the water plant. The project that I talked about- that's the 75 million- does look at
from a solids capacity perspective, being able to move the solids that we're getting with lower liquid
concentration. That is the potential for an upgrade at that point, that's $75 million project. It is over a
10 -year period though.
Mayor Burk: Mr. Steinberg, your question.
Vice Mayor Steinberg: I don't have a question.
Mayor Burk: Mr. Bagdasarian.
Council Member Bagdasarian: One quick question. This is probably more for the Town Manager.
The five-year cycle, let's say that we voted on a rate and things change. Let's say there is a massive
catastrophe or something. Are we precluded from changing rates in three years to address that
situation or are we locked in?
Kaj Dentler: No. We would come to you and recommend the change to the rate. I think you probably
get the message, but you have the five-year plan so that you've prepared on a sustainability basis,
and Clark has mentioned a resilient basis, that our credit rating agencies know that we're prepared.
We know what our game plan is, our customers understand what their rates are going to be.
In the five-year plan got us-- In the past, we just did one year at a time. When Council Member
Cimino -Johnson was talking earlier about one year, et cetera, or a credit rating. Our credit rating
wasn't AAA because we had no plan. Honestly, we operated by the seat of our pants, and that's not
the way to do business. We have to be prepared for what we know today and potentially the
emergencies and the contingencies that will occur.
To assume that nothing is going to happen-- Did anyone know COVID was coming? Nope. This is
why we do this, so when we do go to the credit rating agencies, we have a plan that works. They're
going to go through the numbers and they're going to know. We can't just say you put out a plan at
the fourth or the fifth year, it's not going to work, and think they're not going to see it.
The ramifications are far beyond just having enough revenue year to year. Probably a little bit of a
ramble answer, but I remember when John Wells was here and he lived as Manager. He lived
through the end of that 10 -year span where no rate increases, and then all the legal battles that were
fought, the money that was spent, millions that were spent in legal defense, because the Town didn't
want to raise rates.
Then he implemented with the advisors and the rate consultant and the Council a plan. When he
retired 10 years ago, one of the things he told me was, "Follow the plan. Stick to the plan." I recognize
Page 31 (November 28, 2023
that some of this may be hard for Council. What I advise you is what I would tell you in private. We
have an outstanding system that is safe, reliable, compliant, regulatory compliant, on -demand service.
I've asked almost everyone of you, do you get complaints on your water and sewer service? The
answer is no. Do we want to risk that? I'm not one who wishes to risk the health of the system. A long
-range plan that works is important.
Mayor Burk: I didn't get a chance to speak yet, so I will take the opportunity at this point. I was here
10 years ago. I was here 20 years ago, and I can tell you that every year going through this was not
productive at all. Obviously, we never raised the rates for 10 years. What do we see that doesn't get
raised in 10 years?
The service that they attempted to provide was the best that they could put together at that point, but
we didn't do a lot of projects. We had a lot of things that we needed to do that we didn't do, and then
someone came up with a great idea of let's tax people outside of the Town, or not tax them, but let's
charge them out of the Town, because they can't vote for us, and so people won't be mad, and the
amount of money and effort that went into all those lawsuits and everything that we had to put up with
because nobody had the courage to bring it forward that it was time we really did need to raise the
rates.
It's not that nobody brought it forward, it was that it didn't pass. That was a very painful time. When
they say that literally when we did the five-year plan, the AAA rate came into place and that AAA
rating saves us so much money when we go to borrow, that it is extremely valuable, and localities do
everything they can to get it because that is so valuable for them to be able to save that money when
you borrow.
As I've traveled around and been with the different localities, they'll often say how they envy the fact
that Leesburg is able to have such a good system, and they know that all these issues are coming
down the line with the permitting, getting our permits, having to make sure that we are cleaning the
water, that we're putting the water back just as clean as it was. We don't want to go back to that.
I can assure you really don't want to go back to that, but I do want to emphasize that the major priority
for us is health and safety of our residents, and when-- think about the people in Flint, Michigan, who
decided that they wanted to cut the cost of their water system, and what that led to was lead in the
water and the children in that area will suffer that consequence for the rest of their lives.
We're not there in any way, shape, or form, but our main responsibility is to keep the water clean and
safe for everyone to drink and use. We've got to realize that three and a half looks more attractive.
4.1. What is the implications to it? That it's hard to vote for an increase. I know it is. Many people are
struggling to meet their financial goals, and I know that everybody on this dais wants to have safe,
clean water.
Everybody in Town wants to have safe and clean water. I know that everybody on this dais has done
their best to .look at all the information and try to make the best decisions based on what we have, but
we can't kick this down the road. We have to commit ourselves to this five-year plan to making sure
that we are communicating with the residents what this implication is.
That they know what the future holds, and that our rating agencies know that too. We're elected to do
this. We have to be the ones to make the hard decisions, and it's not always popular. We have to
ensure that our water and sewer facilities have the equipment and the staff to provide our residents
the clean water, and I know that everybody on this dais sincerely considered their positions, but I
hope that they will use wisdom and courage to do what we need to do tonight.
Now later, I will be asking for a future discussion on setting up a support fund to help residents that
might need a month or two reprieve on their water or sewer bills. While we now work with delinquent
accounts to set up a pay plan when people fall behind, we should also be looking at setting aside
some funding to help when people really are not able to pay their bills, but that's for a future
discussion.
Page 32[November 28, 2023
Now we have to really look at this. We need to keep our water safe and clean and we need to listen to
the experts that are telling us what to do and how to do it. I would encourage my colleagues and
everyone on the Council here to really think hard and do the best thing that we can for the residents
here in Leesburg.
Yes, you have your light on, Town Manager? Okay, sorry. All right. That being said, I am going to ask
if anybody in the public would like to speak. I have Yevgeniy Minchinko signed up to speak. Is that
person here? Kimberly Wensel. Is Kimberly Wensel here? Is there anybody else in the audience that
didn't get a chance to speak that would like to speak at this point? Yes, ma'am.
Deborah Byrne: Thank you. My name is Deborah Byrne, D -E -B -R -A B -Y -R -N -E. I'd just like to say
that I oppose this rate. I just think that some more research should be done. Maybe it's not 4.1%,
maybe it's something else, but some more time and consideration.
Mayor Burk: Thank you. Is there anybody else in the audience that would like to speak at this point?
Yes, ma'am.
Diane Florick: I have a bad leg, I apologize, I'm a little slow.
Mayor Burk: Please, we can't hear you.
Diane Florczyk: I'm sorry, bad leg, I'm a little slow. I apologize for my slowness in getting up here. My
name is Diane Florczyk, D -I -A -N -E, last name F as in Frank, L -0 -R -C as in cat, Z as in zebra, Y -K. I
live in the nonpopular out -of -Town residency. Thank you for your advocacy in 2006. I was part of that
process as well. It was not a happy time. I've watched the rates here and there throughout the times
go up. I understand the reasons that it's running business. I'm happy to hear that they say it's a
separate entity, because that, obviously, in 2006 was something that just wasn't being listened to.
Looking at the rates, I see the 4.1, 4.1, 4.1, 4.1. When I looked at the public notice, I saw barely
anything to the water mostly everything to the sewer. When I did the calculations, I saw 9%, 9%, 9%,
9%, at least on my end. I think I also calculated the in -Town. I'm just asking, is it 4.1 on average?
Because you're taking the zero water and the 9% sewer so that every time one of your Town
residents and the out -of -Town water residents turns on their spigot, then they're not using the sewer.
They're spending money on both water and the 9% sewer increase. I just have a hard time with that.
Mayor Burk: Can anyone answer her question?
Clark Case: Yes. The rates are set up so that it's going to be an 8% increase on sewer and zero on
water. That's because the cost that we're using in the capital improvement program are primarily to
improve and maintain the sewer part of the system, and the sewer part of the system is more
expensive to build and maintain. The average between the two, because while we're splitting them out
for purposes of setting the billing rate, because that's where the cost drivers are. The average
between the two of them, if you take them in, you average what it is together, and we treat the system
as one system, it's 4.1%. It is 4.1% if you use the same amount of water and sewer. If you have
irrigation, there's a separate methodology that Amy can address better than I can, but it is a separate
rate being set. Amy, do you want to speak to the irrigation issues?
Amy Wykes: Sanitary sewer is capped at 36,000. We previously had a winter quarter, which was
difficult to communicate as well as it is administrative burden. 10 years ago in 2014, Council did two
actions at that time. They changed the rate structure. We went away from a two -tiered which at the
time had the high -usage surcharge for water. We went to the four -tiers in order to address the inequity
that was recommended related to the water and then sanitary sewer was winter quarter.
Again with the varying quarters, not everyone's billed at the same time, some people had a winter
quarter in the spring, it overlapped with the spring or the fall so there was inequity there. The
recommendation was to rid of the winter quarter and go to what's called the sewer cap, so any water
used over 36,000 per quarter is only billed water, is no longer billed sewer at that threshold. At the
time, the rate consultant evaluated that, and that was around the time where the volume of water
where people were irrigating.
Page 33INovember 28, 2023
Clark Case: Finally, the advertisement is advertised at a higher rate than what we're proposing. The
reason for that is if we advertise a lower rate, then Council can't approve a higher rate than they
advertised. We advertise a higher rate, we propose a lower rate than what was advertised and that
gives Council the flexibility if Council chooses to raise the rate more, they can do so especially if they
want to fund particular capital projects that they feel need to be pulled forward in the plan for example,
they can do that. We don't want to tie Council's hand because of what we advertise. We do the same
thing usually with real estate taxes as well. We're going to advertise a rate that's higher than what the
Town Manager's going to propose, and then if Council wants to add things, they have the flexibility to
do so. But under State statute, if you advertise the rate and you then want to set the rate higher than
you advertised, you got to go back and re -advertise for two weeks and then hold another public
hearing two weeks later.
Diane Florczyk: Good information to know. Thank you. It helps a little bit.
Courtney Rogers: This slide also may help you. The current rate, if you use 12,000 gallons per
quarter, 4,000 per month, you'd be paying $244. The proposed is $255. It's $10.26 more per quarter.
Diane Florczyk: That's in Town. Keep in mind I'm out of Town. Those numbers look fabulous. Those
numbers look fabulous to me.
Courtney Rogers: It's a residential in Town customer. You were asking where the 4.1 came from,
that's where the 4.1 comes from, is an average resident in Town customer bill. It's basically $3 a
month.
Diane Florczyk: With that, whatever that rate would be is going to be consistent percentage -wise
between in Town and out of Town, correct?
Amy Wykes: Correct. The differential will not change from the previous lawsuit. It's 48% and 52%.
Diane Florczyk: I don't know who uses 12,000 gallons in a quarter. I have literally conserved on
purpose. I yell at my kids, I yell at my husband. I yell at myself sometimes when I'm in the shower,
and I've only been able to get it down to 18 or 19, and I haven't run my irrigation system. Although I
turn it on, I turn it off, because you require me to have that other thing that I have to spend my money
on for the backflow each year. However, I don't ever use 12,000 gallons in a quarter, just FYI. Thank
you very much for your time. I appreciate it.
Mayor Burk: Thank you. Thank you very much for coming in. Is there anybody else that would like to
speak at this time? At this point, we have no one else speaking. Oh, Mr. Cimino -Johnson, you have
your light on.
Council Member Cimino -Johnson: Oh, sorry.
Mayor Burk: Should we close the public hearing at this point?
Chris Spera: You go ahead.
Kaj Dentler: I was going to say that I think at this point before you close, you might want to see on a
straw vote, where is the Council? Because, if there are not four votes for a specific direction, then it's
wiser to keep the public hearing open and give direction to come back.
Mayor Burk: All right. Are there four votes to do the 4.1% five-year plan? There's only two votes on
that. Okay. Then I will keep the public hearing open.
Chris Spera: You'll need a motion for that, Madam Mayor.
Mayor Burk: Pardon me?
Chris Spera: You'll need a motion to keep that open.
Page 341November 28, 2023
Mayor Burk: Okay. I would move that we keep the Planning Commission, the Planning Commission
[laughter] public hearing open to the next meeting.
Kaj Dentler: There are four Council Members who don't support the 4.1. Is there any guidance on
what the percentage increase is? There are so many scenarios. We won't know what we're chasing if
you don't give us any guidance.
Mayor Burk: Yes, Mr. Steinberg.
Vice Mayor Steinberg: Well, what we're trying to do is maybe-- We're keeping the public hearing
open. Can we have a work session on this topic or does that have to move forward?
Kaj Dentler: Correct. We would gladly do that, and we can just continue the conversation and see
where you want to go. If there's a majority that knows what you're targeting, that gives us something
to at least look at the model and see how it will work. What we have to cut, reduce, or readjust. If you
don't know, that's fine. We'll just come back, but it'll be right back at the same point of conversation
that we are today. You're going to have to make some move to tell us where you want us to go.
Vice Mayor Steinberg: So it's a point of order, we need a motion to keep the public hearing open. Do
we also need a motion to move the topic to a work session?
Chris Spera: One of you can simply ask that it be added to a future work session. The Mayor has
already made a motion to keep the public hearing open. It needs to be seconded and then voted
upon.
Vice Mayor Steinberg: Are we allowing comments on after the motion at this point?
Mayor Burk: Let's make the comments before, because I need to hear where y'all are. I don't have a
second yet. We'II get to that. Mr. Bagdasarian has his light on.
Council Member Bagdasarian: I do. As far as direction, this is just my perspective, I would like to
see the 3.5% modeled out, because it looked- on the 3% modeling, it looked very, very close. If we
could just see what that looks like, I think that'll help in the final decision -making process between 3.5,
4.1, or anything else. I think that'll be very helpful.
Mayor Burk: Mr. Steinberg.
Vice Mayor Steinberg: Thank you. I appreciate Council Member Bagdasarian's idea there, but I got
to tell you, it seems to me we're looking for a sustainable, healthy program here. This is a large,
expensive, necessary system and it's nothing we can do without. We've got a whole series of experts
here who have spent a lot of time coming up with what they feel is the best number to put us in the
best position to maintain this system. These numbers are not made up. And as they said, they started
at some 10% and now we're down at 4.1. They're not advising us to go below that.
This is not a philosophical question here, and it shouldn't be a political question either. I'll tell you
when it'll become a political question. The day the system fails and we haven't maintained it properly.
That's when we'll be getting calls as to why people don't have running water or are not able to flush
their toilets. This 4.1 seems to me to be a good number. We spent a lot of money with these
consultants getting there. As I said, they're just not made up. These are hard facts and so we need to
be able to count on this day-to-day, year-to-year, and so on.
Honestly, I got to tell you, I haven't heard a groundswell of residents coming forward saying, "You
can't do this," nor are they saying, "I don't like my sewer and water." Everybody seems to be pretty
satisfied. I recognize everything we charge is an expense. This represents approximately $3.5 to $4 a
day for people to be able to turn their faucets on and let them run for as long as they want, frankly,
and flush their toilets for as many times as they want.
It's an expensive system, so I, for one, would opine that I'm not interested in going backwards. I'm
certainly willing to look at the model. I think 4.1 is the good number, and I think the responsible thing
to do is to stay with that. Thanks.
Page 35JNovember 28, 2023
Mayor Burk: Mr. Cimino -Johnson.
Council Member Cimino -Johnson: Yes. Thank you. I appreciate that we're going to have more time
to talk about this because, as you all are probably aware, I have a lot of questions and I truly want to
understand this, especially when we're voting on something for the next five years. If things turn out
great, we're not lowering the rates. Let's be honest. You're not going to come back in and say, "Lower
the rates. That's great." It's not going to happen. Once the rates go up, that's it.
The other thing I have to think about is the individuals who cannot afford $20 a quarter. I've been
there. I grew up in poverty. I've had my water shut off. I know what that's like. I know what it's like for a
Council to come in and increase the rates. These people exist in our community. They're not here. I
haven't gotten an email from them. I've gotten 30 emails from people saying, "Do not raise my rates." I
haven't gotten one say, "Yes, please raise the rates."
I know how this works. I know what it feels like not to have water, not to have gas, not to have food in
the house. Those are the people I have to think about. I don't think we're doing a good job up here
really representing all of Leesburg when we talk about it's only $10 a quarter, it's only $20 a quarter.
That means a lot to people making minimum wage. That means a lot for people working two jobs with
five kids, a single mother. That means a hell of a lot. I appreciate the time we get to take to look at this
a lot more in depth. I love our water and sewer. I have nothing against it. I just want to make sure
we're doing the best thing for all Leesburg citizens. Thank you.
Mayor Burk: I had a second from Vice Mayor Steinberg to keep the public hearing open. All in favor,
indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? All right. That will keep the public hearing open. Mr. Steinberg also asked for
a discussion, a work session on this item, so that will move forward.
Kaj Dentler: I will schedule it for the next meeting. December meeting, correct? I'll place the
legislation on that following Tuesday, should you be ready to go, so everything will be set. I will invite
all Council Members, if you would like to meet with the staff, the consultants, we will meet with you.
We'II go through all of your questions. I encourage you to take advantage of it so you feel comfortable
making the decisions that you need to make. All right. Thank you for your help tonight.
Mayor Burk: Thank you all very much for coming and trying to explain this somewhat complicated
issue before us. We really appreciate it. Now I need to get disclosures, comments, and additions to
future meetings. Mr. Bagdasarian? Ms. Nacy?
Council Member Nacy: I just have to think really fast about the month. I don't think I have any
disclosures. Thank you.
Mayor Burk: Dr. Cimino -Johnson?
Council Member Cimino -Johnson: Thank you, Madam Mayor. I don't have any disclosures, but I do
want to put a shout -out to the Leesburg Movement in putting together the Christmas Market and any
staff here that-- I don't know if anybody worked with them to put that together, but it was a wonderful
event only for three hours. I saw probably close to 1,000 people, if not more, come and go and buy
things. I think the vendors were very happy with it. I hope we see more of that, maybe even an Easter
Market. I don't know if anybody is throwing that out there.
The second thing I'd like to talk about is, back in January, I appointed my husband to the Parks and
Rec Committee and he resigned this past weekend. I'd like to read his letter that he wrote. "I am
writing to formally submit my resignation from the Parks and Rec Commission effective immediately.
Since joining the committee, I have been deeply committed to the idea of enhancing our community's
cultural landscape. It has been my aspiration to see a Parks and Rec Department broaden its scope
to encompass not just traditional rec activities, but also the performing arts. This integration, I believe,
would significantly enrich the cultural experience available to the residents of Loudoun County.
Page 361November 28, 2023
However, after considerable reflection and observation of the current operational dynamics, both
within the Parks and Rec Department and our Committee, I've come to the conclusion that such an
expansion under the existing leadership framework may not be feasible at this time. The challenges
and constraints inherent in the current structure seems to preclude the possibility of effectively
integrating a robust performing arts program. Given these circumstances, I firmly believe that if
Leesburg is genuinely committed to fostering and expanding performing arts opportunities, the
establishment of a dedicated performing arts commission is essential. Such a body with a focused
mandate on performing arts programming and in the development of appropriate centers will be better
positioned to drive this initiative forward.
A specialized commission can provide the targeted attention and resources necessary to realize the
full potential of performing arts in our community. While my decision to step down is made with a
heavy heart, it is driven by my conviction that the best way to serve the interest of our community is
by advocating for a structure that can more effectively support the growth of the performing arts. I
remain passionate about this cause and hope to see it flourish in the future, possibly under a different
organizational framework." I would just want to read that out loud and let Council know that if anybody
is interested in discussing this, I would be more than happy to discuss it with you. Thank you.
Mayor Burk: Mr. Cummings?
Council Member Cummings: Nothing.
Mayor Burk: Vice Mayor?
Vice Mayor Steinberg: Nothing for future. One disclosure, a meeting with Taylor Chess and Molly
Novotny to discuss Data Center Project on the Mintjens property.
Mayor Burk: I would like to add one thing to our future meeting discussion is that concept of having a
fund set aside for residents that are struggling with paying their-- their ability to pay for their water and
sewer. Could we look at setting up a contingency fund that would help them be able to pay for that?
Are there four people that would be willing to have that discussion? All right. Thank you.
On November 15th, I met with Ann Jansen and her neighbor, and I don't have her name, about the
airport issues impacting that neighborhood. That's an ongoing discussion and we are going to have to
have some continued discussion on that particular issue. I want to thank the Preschool Learning
Center for inviting me to the Christmas Shop. Like the event that Dr. Cimino -Johnson talked about,
this was a lovely event at the school. I found a couple of gifts for my holiday shopping. I was very
grateful for that opportunity.
On November 201h, I was at the Buffalo Wing Factory at Compass Creek and I got to pick my wing
favorite flavor that I thought was the most fun and the best. I have to say it was honey barbecue. If
you go to the Buffalo Wing Factory on Compass Creek, ask for the honey barbecue on your wings,
that I sent you. They were good. I got to do a little picture. On November 21st, Vice Mayor and I
walked Cardinal Park Road property. There are some needed improvements to help with safety
issues up there. Mr. Saghafi from Dulles Motorcars and the Town staff also attended and there was a
lot of discussion. We will be having more discussions on what can and should be done up there. It's
the end of our commercial development. It's dark. It's got some safety issues that we need to deal
with. On the 22°d, I met with staff and Mr. and Mrs. Budzier about the speeding issue on Dry Mill
Road. The cars come off the bypass. The staff was very receptive to some ideas to try to slow people
down. The RTC was also there.
Mr.-- His name just escapes me. The Chair has also been in discussion. He said the Committee has
been in discussion on that road for a couple of months now and they're looking for ways to slow things
down. I want to thank everyone involved. I want to congratulate all the small businesses in Leesburg.
It looks like it was a busy day for our businesses.
As I walked around Town, there was lots of people in the stores, lots of people with bags. We're very
grateful to have these businesses choose Leesburg to be where they want to invest their money, their
time, and their labor. Thank you for being here. November 29th, I will be ringing the bells for the
Salvation Army. Any money that's raised in Loudoun, stays in Loudoun.
Page 371November 28, 2023
There's some of us up here on the dais that are having a competition to see who can get the most
money. I'll say I'm at the Giant November 29th from 12:45 to 2:45. Please come see me with a couple
of dollars in your hand. Mr. Town Manager, do you-- Oh, I just want to say the tree lighting is this
Friday. Please come join us. Saturday, the 2nd. Please come join us. Then the parade is the following
Saturday. Mr. Town Manager.
Town Manager Kaj Dentler: No comment.
Mayor Burk: Do I have a motion?
Vice Mayor Steinberg: So moved.
Mayor Burk: Second.
Council Member Cummings: Second.
Mayor Burk: All in favor?
Members: Aye.
Mayor Burk: Opposed?
Page 38INovember 28, 2023