HomeMy Public PortalAbout2023_tcmin1212COUNCIL MEETING December 12, 2023
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Council Chamber, 25 West Market Street, 7:00 p.m. Mayor Kelly Burk presiding.
Council Members Present: Ara Bagdasarian, Zach Cummings, Kari Nacy, Vice Mayor
Neil Steinberg, Patrick Wilt and Mayor Kelly Burk.
Council Members Absent Todd Cimino -Johnson.
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, Assistant Town Manager
Kate Trask, Director of Information Technology Jakub Jedrzejczak, Deputy Town Attorney
Christine Newton, Deputy Director of Finance and Administrative Services/Controller
Diane Starkey, Senior Planner Richard Klusek, Clerk of Council Eileen Boeing and Deputy
Clerk of Council Lyndon Gonzalez.
AGENDA ITEMS
1. CALL TO ORDER
2. INVOCATION was given by Council Member Cummings.
3. SALUTE TO THE FLAG was led by Vice Mayor Steinberg.
4. ROLL CALL
a. Electronic Participation for Council Member Bagdasarian
Council Member Bagdasarian requested to participate electronically in the December
12, 2023, Council Meeting. Council Member Cummings, Council Member Nacy, Vice
Mayor Steinberg, Council Member Wilt and Mayor Burk were physically present at the
meeting.
MOTION 2023-199
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following was
proposed:
To allow Council Member Bagdasarian to electronically participate in the December 12, 2023,
Town Council Meeting.
The motion was approved by the following vote:
Aye: Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk
Nay: None
Vote: 5-0-1-1 (Bagdasarian abstain and Cimino -Johnson absent)
5. MINUTES
a. Regular Session Minutes of November 28. 2023
Council Member Wilt was absent from the November 28, 2023, meeting and
abstained from voting.
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COUNCIL MEETING December 12, 2023
MOTION2023-200
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the
November 28, 2023, Regular Session minutes were moved for approval.
The motion was approved by the following vote:
Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg and Mayor Burk
Nay: None
Vote: 5-0-1-1 (Wilt abstain, Cimino -Johnson absent)
6. ADOPTING THE MEETING AGENDA
MOTION2023-201
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the meeting
agenda was moved for approval.
The motion was approved by the following vote to approve the amended agenda:
Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk
Nay: None
Vote: 6-0-1 (Cimino -Johnson absent)
7. CERTIFICATES OF RECOGNITION
a. None.
8. PRESENTATION OF PROCLAMATIONS
a. None.
9. PRESENTATIONS
a. Annual Comprehensive Financial Report (ACFR) Fiscal Year 2023 Results
Brown Edwards Senior Manager Ann Genova presented Council with the
Annual Comprehensive Financial Report of the Town for Fiscal Year 2023.
b. Technology and Communications Commission 2023 Annual Report
Technology and Communications Commission Chair John Binkley presented
Council with the Commission's annual report. Council commented on the report
and Technology and Communications Commission activities.
10. REGIONAL COMMISSION REPORTS
Mayor Burk reported on the recent Virginia Municipal League (VML) Executive
Board meeting in Farmville, Virginia, and her visit to the Moton Museum.
11. PETITIONERS
The Petitioner's Section opened at 7:27 p.m.
There were no petitioners wishing to address Council.
The Petitioner's Section closed at 7:28 p.m.
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COUNCIL MEETING December 12, 2023
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12. APPROVAL OF THE CONSENT AGENDA
MOTION2023-202
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the following consent
agenda was proposed:•
a. Town Branch Stream Channel Improvements at Mosby Drive — Design Change
Order No. 2
RESOLUTION2023-168
Authorize the Town Manager to Execute Design Change Order No. 2 with WSP, USA, Inc.,
in the amount of $122,544.15 for the Town Branch Stream Channel Improvements at Mosby
Drive
b. Dump Truck Upfitting
RESOLUTION2023-169
Approve the Purchase and Installation of a Hydraulic System, Plow, Spreader, and
Dump Bed for each of the Three Freightliner Dump Trucks through Godwin Manufacturing
Co., Inc. in the amount of $244, 707.84
c. Amendment to the Virginia Department of Transportation Fiscal Years 2027 and 2028
Revenue Sharing Program Funding Application Endorsements
RESOLUTION2023-170
Endorse the Application for the Virginia Department of Transportation Fiscal Years
2027 and 2028 Revenue Sharing Program Funding for the Royal Street Improvements
Project
and
RESOLUTION2023-171
Endorse the Application for the Virginia Department of Transportation Fiscal Years
2027 and 2028 Revenue Sharing Program Funding for the Traffic Signal Fiber Connections
Project
and
RESOLUTION2023-172
Endorse the Application for the Virginia Department of Transportation Fiscal Years
2027 and 2028 Revenue Sharing Program Funding for the Church Street Missing Link
Sidewalk Project
and
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COUNCIL MEETING December 12, 2023
RESOLUTION2023-173
Endorse the Application for the Virginia Department of Transportation Fiscal Years
2027 and 2028 Revenue Sharing Program Funding for Milling and Paving
d. 457(b)/401(a) Retirement Plan Administrative Services
RESOLUTION2023-174
Awarding Contract to Nationwide Retirement Solutions, Inc. for 457(b)/401(a)
Retirement Plan Administrative Services
e. Extending Cable Franchise with Verizon Virginia LLC for a Period of Two Months
RESOLUTION2023-175
Extending the Cable Franchise with Verizon Virginia LLC through February 29, 2024
f Fiscal Year 2024 Help Eliminate Auto Theft (HEAT) Grant
RESOLUTION2023-176
Approving Appropriation of $12,500 to Fiscal Year 2024 from the Help Eliminate Auto
Theft Grant Award
g.
Amending Town Holiday Schedule
RESOLUTION2023-177
Amending the Town of Leesburg Holiday Schedule for Calendar Year 2023 to include
a Full Day of Holiday Leave on Friday, December 22, 2023
h. Town Code Amendments to Chapter 34.1 (Utilities) Articles I and II and Section 34.1
of Appendix B. Fee Schedule
MOTION
I move to continue the Public Hearing opened on November 28, 2023, Amending Town
Code Chapter 34.1 (Utilities), Articles I (Water System), II (Sewers and Sewage Disposal),
and Section 34.1 of Appendix B — Fee Schedule Regarding Water and Sewer Fees,
Rates and Charges to the January 9, 2024, Council meeting.
The Consent Agenda was approved by the following vote:
Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk
Nay: None
Vote: 6-0-1 (Cimino -Johnson absent)
13. RESOLUTIONS /ORDINANCES / MOTIONS
a. None.
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COUNCIL MEETING December 12, 2023
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14. PUBLIC HEARINGS
a. TLREZN2023-0003, Shops at Compass Creek and TLSPEX2023-0003,
Valvoline
The public hearing opened at 7:32 p.m.
Mr. Rich Klusek presented Council with a revised concept plan and updated
proffers for the Shops of Compass Creek to reflect a new layout to accommodate a
Valvoline oil change facility. Mr. Klusek also reviewed the special exception request
to permit an approximately 4,000 square foot vehicle service facility with three
automobile service bays within the existing Community Retail Commercial (B-3)
zoning category. Council and staff discussed the revised concept plan, updated
proffers and special exception application.
Ms. Molly Novotny, Urban Planner with Cooley, made a few brief comments
in support of both items.
Public Speakers:
There were no public speakers wishing to address Council.
The public hearing was closed at 7:39 p.m.
MOTION2023-203
On a motion by Vice Mayor Steinberg, seconded by Council Member Cummings, the
following was proposed:
I move to approve the proposed Ordinance, approving rezoning application
TLREZN2023-0003 including the Concept Plan /Special Exception Plat dated October
6, 2023, and the proffers dated December 1, 2023, based on findings that the rezoning is
compatible with neighboring properties, consistent with applicable guidance of the
Legacy Leesburg Town Plan and regulations of the Town of Leesburg Zoning
Ordinance, and is consistent with the protection of the health, safety, welfare, and
convenience of the community; and, I move to approve the proposed Resolution,
approving special exception application TLSPEX2023-0003 including the Special
Exception Plat dated October 6, 2023, based on findings that the special exception is
compatible with neighboring properties, consistent with applicable guidance of the
Legacy Leesburg Town Plan and regulations of the Town of Leesburg Zoning
Ordinance, and is consistent with the protection of the health, safety, welfare, and
convenience of the community.
ORDINANCE 2023-0-022
Approving Rezoning TLREZN2023-0003 Shops at Compass Creek Concept Plan and
Proffer Amendment to Allow a Vehicle and/or Equipment Service Facility in the
Community Retail/ Commercial Zoning District
and
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COUNCIL MEETING December 12, 2023
RESOLUTION2023-178
Approving Special Exception TLSPEX2023-0003 Shops at Compass Creek — Valvoline, to
Allow a Vehicle and/or Equipment Service Facility in the Community Retail/Commercial
(B-3) Zoning District
The motion as approved by the following vote:
Aye: Bagdasarian, Cummings, Nacy, Vice Mayor Steinberg, Wilt and Mayor Burk
Nay: None
Vote: 6-0-1 (Cimino -Johnson absent)
15. UNFINISHED BUSINESS
a. None.
16. NEW BUSINESS
a. None.
17. COUNCIL DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Council Member Cummings disclosed he met with Mr. Andy Shuckra and Mr. Brian
Cullen with Keane Enterprises regarding the light industrial space in Oaklawn at Leesburg.
Council Member Bagdasarian thanked the Technology and Communications
Commission for their presentation and asked for additional information regarding the use of
AI in future Town customer service operations.
Vice Mayor Steinberg wished everyone a happy holiday season.
18. MAYOR DISCLOSURES AND COMMENTS / ADDITIONS TO FUTURE
MEETINGS
Mayor Burk thanked the Parks and Recreation staff for their outstanding job during
the holiday season and the many activities they coordinated. Mayor Burk thanked Vice
Mayor Steinberg, Council Member Bagdasarian and Council Member Cummings for
joining her at the tree lighting ceremony. Mayor Burk congratulated Reverend Tracey
Lyons with Mt. Zion Methodist Church for being elevated to an Elder. Mayor Burk
congratulated Mr. Larry Roeder and Mr. Barry Harrelson for their new book Dirt Don't Burn
which is a study about the segregated education system in Loudoun. Mayor Burk
congratulated the Parks and Rec staff on a wonderful craft show at Ida Lee. Mayor Burk
noted she was scheduled to participate in the Beauregard Estate HOA meeting online but
was not able to get the link in time and encouraged the residents to invite her to a future
meeting. Mayor Burk met with Ms. Molly Novotny to discuss the Mayor's ideas for the
design of data centers and the power substations that go with some of them. Mayor Burk
attended the swearing in ceremony for six new Leesburg Police Officers. Mayor Burk met
with Ms. Julie Bolthouse and Ms. Gem Bingol about data centers and their impact on the
environment. Mayor Burk attended Jingle Jam and was impressed and delighted by the
talent in the area. Mayor Burk thanked Mr. Cal Everett and Mr. Todd Wright and all the
musicians that shared their talents at the event that supports the Juvenile Diabetes
Association. Mayor Burk noted it is the last time Council will meet in December. Mayor
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COUNCIL MEETING December 12, 2023
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Burk wished everyone and the residents of Leesburg a very happy holiday season, Happy
New Year, Merry Christmas and Happy Hanukkah and urged everyone to reflect on what
the season means to each person.
19. TOWN MANAGER COMMENTS
Mr. Dentler reminded Council that the Town employee's holiday lunch is scheduled
for December 13 at the Ida Lee Park Banquet Hall. Mr. Dentler wished everyone a happy
and safe holiday season.
20. ADJOURNMENT
On a motion by Vice Mayor Steinberg, seconded by Council Member Nacy, the meeting was
adjourned at 7:•47 p.m.
ATTEST:
Clerk of Council
2023 tcmin1212
Kelly Burk,'A/Iayor
Town of Leesburg
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December 12, 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 December 12th, 2023, Town Council meeting.
If anyone in the room needs hearing assistance, please see the Clerk. Council Member Cummings
will be giving the invocation, followed by Vice Mayor Steinberg doing the salute to the flag. Mr.
Cummings.
Council Member Zach Cummings: Thank you. I just wanted to wish everybody a Merry Christmas, a
Happy Hanukkah, a Happy New Year. Just take a moment to reflect on the year passed and the folks
who unfortunately aren't here with us or folks who are alone at this time of year. There's a lot of
heartache and depression and folks really take it hard. If you see somebody out there that looks a
little lonely, just shake their hand, say hello, and you might help somebody. Just take a moment and
just reflect on the year.
[pause]
Council Member Cummings: Thank you.
Mayor Burk: Join us in the pledge.
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: All right, let the record reflect that all Members of the Council are here, with the
exception of Dr. Cimino -Johnson. We need a motion to allow Council Member Bagdasarian to join us
electronically.
Council Member Cummings: So moved.
Mayor Burk: Seconded by? Ms. Nacy and Vice Mayor Steinberg. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? Okay, that passes, one, two, three, four, five. Zero -two. Who abstained?
Eileen Boeing: [inaudible]
Chris Spera: [inaudible]
Mayor Burk: Who abstained? Oh, I didn't think that was an abstain. I thought that was-- Okay, 1-1.
Mr. Bagdasarian, you are officially part of the meeting now.
Council Member Ara Bagdasarian: Thank you. I am moved.
Mayor Burk: Oh. [laughter] Is there a second to his move? No, never mind.
Council Member Bagdasarian: No.
Mayor Burk: Let's see, we have one set of minutes. Do I have a motion to accept that one?
Vice Mayor Steinberg: So moved.
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Mayor Burk: Okay, let's see. Vice Mayor Steinberg and Council Member Nacy. All in favor indicate by
saying aye.
Members: Aye.
Mayor Burk: Opposed?
Council Member Bagdasarian: Aye.
Mayor Burk: Abstain? Mr. Wilt? You can't. You weren't at the meeting, so you need to abstain. That's
right. You abstain. That's right.
Council Member Wilt: Abstain.
Mayor Burk: That's all right. That's 5-0-1-1 again. Okay, thank you. Do I have a motion to adopt the
meeting agenda?
Vice Mayor Steinberg: So moved.
Mayor Burk: Council Member Steinberg and Nacy. [chuckles] Is there any additions or deletions? All
right, all in favor, indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? Mr. Bagdasarian?
Council Member Bagdasarian: Aye.
Mayor Burk: Okay, that's 6-0-1. Proclamations. We don't have any proclamations for tonight. We do
have two presentations. The first presentation is the Annual Comprehensive Financial Report, Fiscal
Year 2023 results. Who is giving that report? Oh, hello.
Ann Genova: Good evening. I'm Ann Genova. I'm a Senior Manager at Brown Edwards. Thank you,
Town Council, for the opportunity to present on the audit this evening and for the opportunity to serve
the Town as the external auditor. I'd like to give a special thanks to the Finance Department,
especially Diane Starkey and Bill Felegie for their cooperation and hard work for preparing the audit.
There are several components to the audit. We assist the Town in preparing the financial statements,
which is a report that takes the accounting information and presents it in a readable, accessible
format to users. It's also called the ACFR for short.
If you turn to page 1, you will see the independent auditors' report. We issue an opinion on the
financial statements. I'm happy to report that we issued an unmodified opinion on the financial
statements, which is the best opinion a locality can receive. It says that the financial statements are
correct in all material respects. This indicates reasonable, but not absolute assurance that the
financial statements are materially correct. Also, the Town files the ACFR with the Government
Finance Officers Association, the GFOA, and they file it for the Certificate of Achievement for
Excellence in Financial Reporting.
The Town received the certificate for their FY22 ACFR, and the certificate is included in the front
matter of the ACFR, for you to see. If you turn to page 5, you will see this section and several pages
after is the management's discussion and analysis, which gives a high-level overview of the financial
statements to a broad, non -accounting audience. It's a great place to start in understanding the
highlights of the Town's financial activity for the year in comparison to last year. It does a lot of
variance analysis and talks about fluctuations and changes in the financial statements.
Tonight, we are going to look at net position, fund balance of Governmental Funds, the Utilities
Funds, and the addition of a new supplementary schedule related to utilities operating activities. If you
turn to page 7, which is several pages after page 5, you will see Exhibit 1. Exhibit 1 is the statement of
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net position for the governmental activities and business -type activities. This is where you can see the
assets, the outflows, the inflows, the liabilities, and the net position.
Mayor Burk: May I interrupt you for a second? Do you have a slide for this? Okay, thank you.
Ann Genova: This shows the net position of the Town's governmental activities and business -type
activities. As you can see from the graph on the slide show, the Town's governmental activities
increased by $22.7 million, or 6.9%. This is due to several factors, but the main one is $7 million
increase in general property tax. That is very common for localities right now given the economic
environment and the increase of assessed values in real estate and personal property. There was
also a two -point million increase in interest, in intergovernmental revenue that is also common with
localities because this was a big interest -earning year on any kind of investments that you had.
For business -type activities, the net position increased by $10.4 million or a 6.4% increase. This is
due simply to revenues being higher than expenses and being in a good position for your business
activities. If you turn to page 10, we're looking at the tail end of exhibit 3. Exhibit 3 is the balance
sheet for governmental funds and page 10 is specifically the breakdown of fund balance. The fund
balance for general funds, capital projects, and NVTA. If you notice, NVTA column, the amounts are
zero, and that's because the NVTA fund has been rolled into the Capital Projects Fund.
The fund balance is divided into five categories, non -spendable, restricted, committed, unassigned,
committed, assigned, and unassigned. Restricted fund balance is restricted use identified by third
parties, such as donors or government agencies. The committed fund balance is earmarked by
Council, usually requiring a formal action to earmark funds or to remove the funds from being
earmarked. The assigned fund balance is earmarked by Council and usually has like a purchase
order or a contract, construction contracts associated, so you can see that the committed fund
balance is largely capital projects.
Then assigned fund balance is earmarked by Council, and then unassigned fund balance is not
earmarked and can be used for operating or non -operating expenditures. The graph on the slide show
shows that the general fund in yellow bounced back in 2023 to closer to 2021 level. You see a big
drop in 2022. The reason for that is because there was a bond refunding last year. When you have a
bond refunding, $6 million of that in FY22 was paid out to the escrow agent as part of the bond
refunding process, and so it's typical to see that drop.
Note that the negative unassigned fund balance for capital projects is also typical as funds received
are typically committed to specific projects, so you're not going to have unassigned. Let's turn to the
back to page 97. Starting on page 97 is the Utilities Fund. On this particular exhibit, it's a comparative,
so it's showing 2023 current year numbers and 2022 numbers for reference. It's showing you the
balance sheet, statement and acquisition, and also the revenues, expenses, and changes in net
position on the next page.
I also wanted to draw your attention to page 101, which is a new exhibit, Exhibit B4. This is looking
specifically at Utilities Fund Operating Fund.
It's looking at budget to actual analysis of the operating fund within the Utilities Fund. This exhibit
does not deal with capital projects, it's only dealing with the day-to-day operations of utilities. You can
see that the fund has an operating income of $8.9 million, a final change in operating net position of
$2.4 million after transferring funds over to the Utilities Replacement Fund, which is where your
capital projects are. Finally, in addition to the ACFR, we issue two additional reports within it. If you
turn to page 133, you will see the independent auditor's report on internal control over financial
reporting and compliance.
We issue a report on internal controls which should be considered along with the financial statements.
We do not express an opinion, but we do describe certain deficiencies, if any, and recommend ways
to improve internal controls. If you turn to page 135, there is another independent auditor's report, but
this one is on compliance for each major federal program. This year, on page 139, you can see that
we testedtwo federal programs as major programs, the Coronavirus State and Local Fiscal Recovery
Funds, also known as simply ARPA, and then the Airport Improvement Program.
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The Town used the ARPA funds to cover operating expenditures, and we are happy to report that we
had no findings. Those are some of the highlights in the ACFR that I wanted to show you this year.
Thank you for your time, and if you have any questions, I'II be happy to answer them.
Mayor Burk: Thank you. We appreciate the information. Is there anyone who has any questions on
the report? Not at this time, but as we just got these, perhaps if we have a chance to look it over or if
we have questions for you, you've left the number on the back of the report -
Ann Genova: Thank you.
Mayor Burk: -to contact you. Thank you very much. We're delighted that it turned out so well. Our
next presentation is the Technology and Communications Commission 2023 Annual Report.
[pause]
John Binkley: Voila.
Mayor Burk: Mr. Binkley, the chair, is giving the report.
John Binkley: I beg your pardon.
Mayor Burk: Are you ready to give the report?
John Binkley: Yes, ma'am. Madam Mayor, Mr. Vice Mayor, Council Members, Town staff, my name
is John Binkley. I think I've actually met most of you. I am the current Chair of the Technology and
Communications Commission. I have a number of additional Commissioners with me this evening as
well. We're here to present our annual report and some recommendations and priorities that we'd like
to emphasize and call your attention to. Next -
Eileen Boeing: [inaudible]
John Binkley: Oh. There we go. One thing that I wanted to just go over quickly that I haven't done in
previous years is to give you actually some idea of the actual expertise that sits on the Technology
Commission because I really think it is a unique asset for the Town. I'm not going to go through each
one of these item by item, but I did just a quick survey of Commission Members, and we have well
over a century of professional IT experience on the commission in a number of key areas. I would just
emphasize that the IT governance, risk management, cybersecurity, and the XaaS and cloud security.
That's infrastructure as a service, software as a service, et cetera, and cloud security given the
amount of transition the Town has done into the cloud. It's a really unique asset that would cost a lot
of money if you tried to do it from a consulting firm, for example. I'm very proud of the other
Commissioners and the expertise they bring each month to our work.
Mayor Burk: Thank you.
John Binkley: The scope of the Commission activities. We're an advisory body. We essentially
review IT projects, provide advice on projects and technology solutions, advise particularly on
cybersecurity, but other technical areas as well, and provide recommendations to Council. We usually
do that in terms of specific resolutions that we pass working with Town staff like Jakub on specific
programs that we vote on to recommend and support, et cetera. Apparently, some of our ideas
occasionally make it to Council of vision sessions, which I'm really hoping for an invite to someday
because that sounds interesting. That's essentially our scope.
How in the last year that has played out, there's been a lot of work preparing for the Digital Town Hall
Initiative. Particularly, we are preparing to gather public input for the Digital Town Hall Initiative,
primarily through two questionnaires that we've been working on with Town staff, with Jakub, one for
residents and one for businesses, which will highlight and hopefully guide the development and the
sequencing of functionality for the Digital Town Hall as we move forward. We also participated in a
CISA cyber protective visit.
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That's the Cybersecurity Information Security Association, something along those lines, but it's the
federal agency within Homeland Security that municipalities and states work with for cybersecurity
advice, guidance, and help in the case of incidents. This was not in response to any incident. It's a
proactive program that they're doing, where they're going to municipalities and working through
essentially high-level assessments based on the NIST Cybersecurity Framework. Two
Commissioners, myself as one of them, actually sat and participated on those meetings, providing
both technical expertise and some additional institutional knowledge on some of the infrastructure of
the Town.
The report from that is ongoing, and I promised Jakub I wouldn't steal any of his thunder on that, but I
will say I think it was a very successful effort, and I look forward to hearing more about it from Jakub.
One of the other more interesting things that has come up this last year is the use of Al by Town staff
and the potential impacts, particularly ChatGPT. It's not really systemically being used, but there are
some ad hoc instances of it being used. We're in the process right now, after coordinating with Jakub
and other Town staff to develop a draft policy on the use of Al for consideration by Town staff.
I have some expertise in the area. I have worked with other companies that are trying to address
some of the secondary and tertiary impacts that can occur with the use of Al, particularly some of the
intellectual property rights issues that have come up so far and that we expect to be landmines in the
future. That's been an interesting area this year. We will be submitting that draft in January actually for
consideration by Jakub. We've also helped on reviewing the transition away from the LMIS to the
Central Square's Community Development. Also, the help desk enhancements and implementation of
fresh service for ticketing and asset management.
Those three, fall under a broad bucket of automation, and so that will all actually feed back to the
Digital Town Hall eventually and in some way. The more that you can set up what the business
process flows are, what they are between different verticals and understand that, you can actually
start to automate some of that. I don't mean automate it where it's making decisions or things like that,
but just automate it in a sense that it takes a lot of friction out of the processes. It's also an incredible
bang for the buck in terms of letting your staff concentrate on more important items rather than wrote
routine maintenance, password resets, for example, things along those lines.
Broadly over the next year, we would recommend that the following projects and initiatives be given
support. The Digital Town Hall Initiative I think is extremely promising, but it's also something that
needs to be sequenced and have a governance framework around it, and making sure that some of
the most difficult issues are dealt with upfront. For example, the identity and access management
issues, establishing unique identifiers for Town residents and Town businesses and associating those
with the correct people will be something that will be a bit of a lift to make happen. Until you have that,
you're going to have a very difficult time securing it.
You're going to have a very difficult time making sure that the right person has access to the right
information and the right activities. There's a disambiguation process that has to go, that has to
happen with that data. We recommend a crawl, walk, run approach to the Digital Town Hall. Figure
out what the minimum viable product is. Start with that, get some wins, get some experience. Don't try
to launch the whole thing at once. Pick out a few key areas, make sure that's working, then expand
from there. GIS data and electronic forms development and community development integration will
be keys to also facilitating that approach.
In terms of cybersecurity, I actually think the Town has made huge leaps and bounds in terms of what
our posture is there. It's going to be important to maintain what I see as your tactical advantage. The
products that you have in place right now and the activities that are occurring, that are monitoring the
infrastructure, that are protecting that infrastructure, and the products that directly support that,
particularly things like in -point protections. [beep] Am I at 10 minutes already? Sorry. In -point
protections.
Mayor Burk: Can you close it up pretty quickly here?
John Binkley: Yes.
Mayor Burk: Thank you.
Page 5IDecember 12, 2023
John Binkley: Security and privacy by design for the Digital Town Hall Initiative. It's a lot easier to do
it right the first time than go back and fix it, and infrastructure needs to increase self-service options.
Questions?
Mayor Burk: All right. Thank you very much. Are there any questions on this item before us? Vice
Mayor?
Vice Mayor Steinberg: No questions, but I just want to offer that it's hard to overstate how far we
have come in both our IT department and our commission and our IT infrastructure within the Town.
Starting with the strategic plan that was put into place several years ago, I think at the beginning of
my first term. It's also hard to overstate the amount of work that this Commission puts into all of these
systems and how complex they are and how important they are. I'd also like to offer a word of thanks
to the IT department itself because they do a lot of work with limited staff and space. Thanks, John.
Mayor Burk: Definitely. Thank you very much. I appreciate all of you coming and all of the work that
you do. We really do appreciate it, although most of us don't understand it a lot. [laughter] Thank you
very much.
John Binkley: Thank you.
Mayor Burk: Regional Commission Reports, does anybody have one? No. I just need to report that
VML had their Executive Committee meeting at Farmville. I had the opportunity to, after the meeting,
they gave us a tour, and at the meeting, we talked some financial issues that were being addressed at
the VML, but we got to tour, they have a facility there that's very similar to our Douglass and it's called
the Moton School. They have turned it into a museum and it's a phenomenal story of the VML
President was from Farmville and when he was eight years old, all the schools in Prince Edwards
County closed for five years because they did not want to integrate.
He was eight years old being in second grade, had dreams of what he was going to do. Did not get
back to school again until he was 13. He didn't know how to read and write at that point. Quit and
went back to the farm and worked the farm and instead of going to college which was his hope,
dream, and goal, he ended up going into the military where they taught him to read and write, and he
ended up being a letter carrier for the next 35 years. To see the impact that that action had on just
that one individual and multiply it by all the different kids in that school and in that county that didn't
get educated in those five years.
It was a very interesting tour and it was very enlightening to be able to talk to somebody that actually
had experienced it. If you do get the chance to go down to Farmville, take some time off and go to the
Moton Museum and see the excellent exhibits they have there. Now that takes us to our petitioner's
section and our petitioner's section is the most important thing that we do here at the Council. It's one
of the first orders of businesses to hear from the public. All members of the public are welcome to
address 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 spell it for the purpose of closed
captioning. In the interest of fairness, we also 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'd
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. Now, there is nobody that has
signed up on the sheet in front of me. Is there anybody in the audience that did not get a chance to
sign up that would like to speak at this point? Seeing that there is no one, then I will close the
petitioner's section.
That takes us to the approval of the consent agenda. I will read each item. I will ask for a motion and
a second, and then I will ask if anyone needs anything deleted from the consent agenda. 12 a is the
Town Branch Stream Channel Improvement at Mosby Drive -Design Change Order Number 2.13 is the
Dump Truck Upfitting. 3 is Amendment to the Virginia Department of Transportation Fiscal Year 2027
to 2028 Revenue Sharing Program Fund Application Endorsements. D is 457B/401A Retirement Plan
Administrative Services. E is Extending Cable Franchise with the Verizon Virginia LLC for a Period of
Two Months. F is the Fiscal Year 2024, Help Eliminate Auto Theft HEAT Grant.
Page 6JDecember 12, 2023
G is amending the Town Holiday Schedule. H is the Town Code Amendments for Chapter 34.1
Utilities Articles 1 and 2 and Section 34.1 of Appendix B Fee Schedule. Do I need to read that as
motion, as part of this?
Eileen Boeing: [inaudible]
Mayor Burk: No. Do I have to read that? All right, thank you. Do I have a motion to accept these?
Vice Mayor Steinberg: So moved.
Mayor Burk: Is there a second?
Council Member Nacy: Second.
Mayor Burk: Is there any item that anyone wishes to have removed? All right. All in favor indicate by
saying aye.
Members: Aye.
Mayor Burk: Opposed? That passes and abstained. That passes 6-0-1. Pardon me. 6-0-1. Right.
Chris Spera: Absent or abstained?
Mayor Burk: Then I said abstained to see if anybody was-- Okay. Anyway. [laughs] I knew what I
was doing, you all just didn't. [laughs]
Chris Spera: We got caught up. Thank you.
Mayor Burk: No problem. Resolutions. We don't have any Resolutions tonight, but we do have a
Public Hearing. Now let me read the Public Hearing Notice. Eileen, I don't see one in here. Am I
missing it?
Eileen Boeing: It should be —it should be in the binder.
Mayor Burk: I don't see it in the binder. Am I missing it?
[pause]
Mayor Burk: Thank you [laughs] it was there. Did it have the little red tag on it? I guess it did.
Anyway, I call to order this December 12th, 2023, 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 the Council Chamber, but if
you did not get the opportunity to sign up, we will give you the opportunity to speak. In the interest of
fairness, we 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 the 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 is a
brief presentation by staff about the item before us.
Second, there is a brief presentation by the applicant. Third, members of the public that have signed
up to speak will be called and given five minutes to make their comments. The public hearing item on
the agenda tonight is TLREZN2023-0003, Shops at Compass Creek, and TLSPEX2023-0003,
Valvoline. Who is doing this one? Hello, Mr. Klusek.
Page 7IDecember 12, 2023
Richard Klusek: Madam Mayor, Members of the Council, good evening. I will be brief in my
presentation today, but apologies in advance if I start choking because I'm recovering from a bit of a
cold. The subject property is at Compass Creek. It is essentially the property located north of three
existing drive -through restaurants. We'll get into the details of exactly where this property is in just a
moment. The request by the Applicant for the rezoning is to prepare a revised concept plan and
updated proffers for the Shops of Compass Creek to reflect a new layout and to accommodate a
Valvoline oil change facility.
There is also a special exception associated with this application to permit an approximately 4,000
square foot vehicle service facility with three automobile service bays within the existing community
Retail B-3 zoning category. Again, the subject property as I mentioned is the Compass Creek
shopping center. To give you a little bit of additional detail, it is located near ION, north of the existing
Walmart and north of three existing fast-food restaurants. This provides you with just a little bit of
additional detail. It's essentially the northern most parcel at Compass Creek that is proposed for the
Valvoline facility. This is a photo just to show you exactly where it is.
You can see that you have the existing Starbucks, Chipotle, and Popeye's restaurants. This would be
located immediately north of those. The property is now and will remain zoned B-3. The Town Plan
designates this area for transform or evolve, so the action is consistent with that. The Town Plan also
designates this area as a retail center. The proposal for this particular parcel is to put in a 4,000
square foot vehicle service facility. The subject property actually consists of four parcels given the
access to the site. However, the area of change, as you can see here, is outlined in red.
That is the area where previously approved fast food restaurant is now proposed to be a Valvoline oil
change facility. This gives you an additional zoomed -in view and essentially vehicles would enter the
building, have the work done for their vehicles, and then move out of the building through the opposite
side. The Applicant with this proposal is also planning to retain the previously approved layout, so
there is an alternative with this rezoning that essentially replicates what was previously approved. The
Applicant is also including proffered building elevations, which staff evaluated and found to be in good
character considering the nature of the use.
In terms of transportation, the proposed drive -through restaurant would generate substantially less
traffic. It is proposed or is estimated to have a 85% to 93% reduction in vehicle trips. Looking at
proffers and modifications, this application is essentially carrying forward all of the previous proffers.
The application is also carrying forward a previously approved buffer modification that was originally
approved when this property came into the Town with TLZM2019-0003. This application meets all of
the Town's rezoning approval criteria.
It also meets all of the Town's special exception approval criteria for the vehicle service facility. We
have recommendations of approval before you. I have those motions here, but happy to take any
questions that you might have at this time.
Mayor Burk: All right, thank you. Are there any questions on this presentation at this point? Mr.
Steinberg.
Vice Mayor Steinberg: No.
Mayor Burk: Oh. I do have one question. Is there anywhere in there in the plan that has any sort of
electric charging station component to it? Is there any green element to it?
Richard Klusek: No, that is not proposed with this application
Mayor Burk: That is not in the application. Is there any reason why it wasn't included, just because
that's supposedly where we're going in the future here.
Richard Klusek: Sure. The Town does not require electric vehicle charging stations with any
application. Applicants are always encouraged to consider environmental commitments. In this case,
they did not.
Mayor Burk: Okay. Interesting. Thank you. Mr. Wilt?
Page 8IDecember 12, 2023
Council Member Wilt: Yes, just one question, Rich. The nature of the B-3 Community Retail
Commercial Category, so that allows for automobile service businesses in that zoning category?
Richard Klusek: With a special exception. This application has a rezoning as well as the special
exception to considered automobile service.
Council Member Wilt: That's what I wanted to clear up. It's defined as applicable with a special
exception, and that's consistent at all the B -3s across the Town?
Richard Klusek: Correct.
Council Member Wilt: Not just this one. Okay. Thanks, Rich.
Mayor Burk: Mr. Bagdasarian, do you have any questions?
Council Member Bagdasarian: I do not. Thank you.
Mayor Burk: Does the Applicant have a presentation?
Molly Novotny: Good evening. My name is Molly Novotny. I'm an Urban Planner at Cooley. Pleased
to be here before you tonight. I realize I am what is standing between you and your winter break, so I
will not go through my presentation, but if we do pull it up, I'll just pull up one slide. Oh, I always do
that backwards. Just to help orient everyone from the overall Compass Creek application, this is the
original vision. The one building that we're talking about is the farthest one on the left. It was approved
for a drive -through when the other three drive-throughs were approved. That will be the Valvoline.
That really is going to almost complete all of the occupancy at Compass Creek.
Mezeh is getting ready to open in January. Folks are pretty excited about that. We're very close to a
hotel deal on the property. There are 10 Tesla charging stations already in operation behind one of
the multi -tenant buildings. Those already exist on the property. This use will really just complement
the other fast food, the three fast food uses, and those other commercial tenants. So happy to answer
any questions.
Mayor Burk: Anyone have any questions to Ms. Novotny? No. Great. Does anyone have a motion
that they would like to move? Oh, I got to ask the people if they want to speak. I know. Is there
anybody in the public? Nobody signed up to speak. Is there anybody in the audience that would like to
speak at this point? If not, then I will close the public hearing and I will ask if anybody does have a
motion at this point.
Vice Mayor Steinberg: Madam Mayor, I'll make a motion, please.
Mayor Burk: All right.
Vice Mayor Steinberg: I move to approve the proposed Ordinance approving rezoning application,
TLREZN2023-0003, including concept plans/special exception plat dated October 6th, 2023, and the
proffers dated December 1st, 2023, based on findings that the rezoning is compatible with
neighboring properties, consistent with applicable guidance of the Legacy Leesburg Town Plan and
regulations of the Town of Leesburg Zoning Ordinance, and is consistent with the protection of the
health, safety, welfare, and convenience of the community.
Mayor Burk: Is there a second?
Council Member Cummings: Second.
Mayor Burk: Oh my. [laughs] Okay. There was moved by [crosstalk] Vice Mayor Steinberg, seconded
by Council Member Cummings. Any additional questions at this point?
Council Member Wilt: No. The remainder of that statement?
Page 9IDecember 12, 2023
Mayor Burk: Do you have to read?
Council Member Wilt: Does that have to be read?
Mayor Burk: Does the and part have to be read also?
[inaudible]
Chris Spera: Yes. [inaudible]
Mayor Burk: Okay, thank you for taking that up. [crosstalk]
Vice Mayor Steinberg: My mistake. Thank you, sir. Yes, thank you, and [laughs] I move to approve
the proposed resolution approving Special Exception Application TLSPEX2023-003, including the
special exception plat dated October 6th, 2023, based on findings that the special exception is
compatible with neighboring properties consistent with applicable guidance of the Legacy Leesburg
Town Plan and regulations of the Town of Leesburg Zoning Ordinance and is consistent with the
protection of the health, safety, welfare, and convenience of the community.
Mayor Burk: Mr. Cummings, is that acceptable?
Council Member Cummings: I accept.
Vice Mayor Steinberg: Are you sure?
Mayor Burk: All right. All in favor indicate by saying aye.
Members: Aye.
Mayor Burk: Opposed? That is 6-0-1. All right, you got it. Thank you. We have no new business. Mr.
Wilt, do you have anything for future Council meeting?
Council Member Wilt: I do not.
Mayor Burk: Okay. Ms. Nacy?
Council Member Kari Nacy: I do not.
Mayor Burk: Mr. Cummings?
Council Member Cummings: I just have one disclosure. Last week, I met with Andy Shuckra and
Brian Cullen with Keane Enterprises to discuss their light industrial space over at Oaklawn at
Leesburg.
Mayor Burk: All right. Mr. Bagdasarian?
Council Member Bagdasarian: No new items, but I was unable to unmute my line and I just wanted
to appreciate the Technology Commission presentation and I appreciate the MVP approach of
building the Digital Town Hall and the phase approach. I would love to learn more about what's in
mind for using Al and GPT for improving customer service with the Town and our residents. That's it.
Mayor Burk: Okay, thank you. Vice Mayor?
Vice Mayor Steinberg: Nothing for future meetings. No disclosures. Happy holidays, everyone. See
you next year.
Mayor Burk: There you go. I want to thank Parks and Rec. They have done an amazing job during
this holiday season. On December 2"d, they arranged for the tree lighting. It was done on a different
day. It wasn't done on the first Friday. It was done on Saturday, and yet the place was still packed
Page 10jDecember 12, 2023
with kids and parents and lots of fun. I want to thank Mr. Bagdasarian, Mr. Cummings, and Vice
Mayor Steinberg for joining me at this ceremony. It was a lot of fun. It was great. They just never
ceased to amaze me at the excellent job that Parks and Recs does. I want to congratulate Leesburg's
minister, Tracey Lyons, from the Mt. Zion Methodist Church.
She was elevated to an Elder in the Methodist Church, which is a great honor and holds significant
importance in that church. Congratulations to Reverend Lyons for achieving that goal. I want to
congratulate Larry Roeder and Barry Harrelson for the publishment of the book Dirt Don't Burn, which
is a study of the segregated education system in Loudoun. It's actually a very good read. I
complimented him on it, that it reads very easily and very well. Many of our local residents are part of
the story, so it's really very much well worth reading. I want to congratulate Parks and Rec again for a
wonderful craft show December 2nd and 3rd at Ida Lee.
That was the largest show I have ever been to. There were so many vendors in such a range of
quality craft items. It was very worthwhile to attend. On December 5th, I was scheduled to participate
in the Beauregard Estate HOA, but I was not able to get the link in time, and so I want to apologize to
the members and ask them to please invite me again and send the link sooner. On December 6th I
met with Molly Novotny about my hopes and ideas for the design of data centers and the power
substations that go with some of them. December 7th, I attended the VML Executive Board meeting,
which I already talked about.
I returned from Farmville the next day and attended the swearing in of six new Leesburg Police
Officers. It was exciting to see so many people interested in serving the public as law enforcement
personnel, and they want to do it here in Leesburg. I welcome each of them and welcome their
families and thank their families for their support. On December 8th, I met with Julie Bolthouse and
Gem Bingol about data centers and their impact on the environment. I attended the Jingle Jam, and
again, this year, I was impressed and delighted by the talent that we have in this area that was on that
stage. Thanks to Cal Everett and Todd Wright and all the musicians that shared their talents that
night.
The funds from this go to the Juvenile Diabetes Association, but the talent and the excitement was
just tremendous. We are very lucky to have so many musicians that are willing to share their talent
and do it for a good cause. This will be the last time we will meet in December. I wish each of you
here a very happy holiday season and a Happy New Year. To all the residents of Leesburg, Merry
Christmas, Happy Hanukkah, happy holidays to all of you. The world is in a very precarious situation
right now between climate change and politics and war and disease. We all need to reflect on what
this season really means to us.
Is it peace and understanding, death or despair? What is it all about and how do we make the world a
better place? We remember that we all have very much more in common than we don't. Please be
safe, hug your kids and your loved ones, have a thought for the next year will be better. Thank you all
for all that you do to make Leesburg a great place to call home. Town Manager?
Kaj Dentler: Just a reminder for the Council that tomorrow is the Employee's Holiday Luncheon at Ida
Lee from 11:30 to 2:00. If you're able to join us, we would be happy to see you and wish you all good,
happy holidays and enjoy yourself and be safe. Thank you.
Mayor Burk: All right. Do I have a motion to adjourn?
Vice Mayor Steinberg: So moved.
Council Member Nacy: Second.
Mayor Burk: All in favor?
Members: Aye.
Mayor Burk: Opposed? All right. Bye. Okay. The meeting is over. It was all much unanimous. You
missed it.
Page 11 (December 12, 2023