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HomeMy Public PortalAbout2023_tcmin1212COUNCIL MEETING December 12, 2023 1 1 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. 1 1 Page 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. 21 Page COUNCIL MEETING December 12, 2023 1 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 3 1 Page 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. 41 Page COUNCIL MEETING December 12, 2023 1 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 5 1 Page 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 6 1 Page COUNCIL MEETING December 12, 2023 1 1 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 71 Page 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. Page l (December 12, 2023 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 Page 2IDecember 12, 2023 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. Page 3IDecember 12, 2023 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. Page 4IDecember 12, 2023 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